fire. Now this King Henry the Second was the first (as all Antiquaries agree) who bare for his Arms three Lions; and therefore it must needs be a great honour to the place, and undoubted sign or token of its Loyalty (a quality for which it now is, and ever was famous) that he should signalize it with his own Coat, distin∣guished only by an honourable addition of three Crowns. And though Mr. Cambden (whose footsteps Speed followeth) tells us, out of Wil∣liam of Newburg, That William King of the Scots took this place and Brough by a sudden surprise, a little before he himself was taken at Aulnwick in Northumberland (which is ve∣ry true); yet they are all mistaken in this, That these two places were not recovered till King John's time; for 'tis certain, The Scots (after the Country had got themselves into an Array) were beaten back, and their King taken Prison∣er: And 'tis certain also, that though King Iohn did bestow them on Robert de Veteripont for his good service; yet he recovered them not from the Scots, for they came into his hands (propter transgressionem factam per Hugonem de Morevilla) by reason of the forfeiture of Hugh de Mervil (a great man in those parts and the same (if I mistake not) that killed Thomas a Becket) as was given in upon Inqui∣sition taken at York, die Iovis proximo post mediam quadragesimae Anno Regni Regis Ed∣wardi 3.
And notwithstanding this fatal overthrow, ••o much of the Town was continued, till the Reign of Richard the Second (who began in 1377) that it paid to the King in Fee-farm Rent twenty Marks per Annum at 2 d. a Bur∣gage, which amounts to two thousand two hundred Burgages, besides other Houses: But in 1388. (as appears by Records) die Martis in festo Sancti Stephani Martyris (which was about the eleventh of Richard the Second) it was so burn'd down and wasted by the Scots, that of that Rent, upon several Inquisitions found and returned, there remained to the King only two Marks per Annum, so that nine parts in ten were utterly destroy'd.
But notwithstanding this great devastation that was never repaired, it doth still retain its ancient Priviledges, which are in every respect the same with York, as appears from the con∣firmation of Henry the Third (in whose time here was an Exchequer, called by the Name of Scaccarium de Appleby) and King Iohn••s Charter, which I have seen; wherein is expres∣sed and firmly commanded, That his Burgers of Appleby shall have and enjoy all the Li∣berties and free Customes which his Burgers of York have, well and peaceably, freely and qui∣etly, fully, wholly, and honourably (with a Pro∣hibition, That none shall attempt to disturb them thereof); And also, That they shall be free from Toll, Stallage, Pontage, and Lestage all Eng∣land over; praeterquam in Civitate London, nisi forte Cives Eobor' quietantias inde habent libertates suas in Civitate London; which ex∣ception doth very much confirm and strengthen their Priviledges to them.
The Corporation consists at present of a Mayor, with two Bailiffs, a Court of Aldermen, twelve in number, a Recorder, Common-Coun∣cel, and Serjeants at Mace, with their Atten∣dants: And (if the Town were able to bear it) might take the same Priviledges with York in every thing, according to their Charter, which has been confirmed by all the succeeding Kings of England; and if any would know what those Priviledges are more particularly, I referr him to York, where he may possibly meet with satisfaction. In the mean time take these which are now in practice at Appleby, viz.
They have power to Arrest for any Sum without limitation.
To elect and send two Burgesses to Parlia∣ment.
To acknowledge Statute-Merchant before the Mayor.
To take Toll both in Fairs and Markets.
To seize Felons goods, Felones de se, Waifes, Strayes, Forfeitures, and Escheats; all which do belong to the Mayor for the time being, who takes place of the Judges of Assize, as the Lord Mayor of York is wont to do.
Their Aldermen are some of them Gentle∣men of the Country, for the greater honour and credit of the Town, who in time of their Majoralty have their Propraetors or Deputies there. The present Mayor and Aldermen for the present year are, Iohn Thwaites Esquire, Mayor, Lancelot Machell of Gackanthorp Esq who was first Mayor after the King's return, and tore in pieces Oliver's Charter in open Court, before he would accept of that Office, which he had declined all Oliver's time: Richard Brathwate of Warcop, Esq and Justice of Peace, who contested with the Judges, and took place of them Virtute Chartae, Robert Hilton of Morton, Esquire, Justice Jf Peace, Edward Musgrave of Askeby Esq oustice of Peace, Thomas Warcop of Colby, Gen∣tleman, Iohn Routlidge of 〈…〉〈…〉 Gent. Alderman Leonard Smyth, Alderman William Smyth, Alderman Robert Harrison, Alderman Iohn Lawson, Alderman Thomas Robinson, Al∣derman Iohn Atkinson, which six last are all of Appleby.
Appleby was very eminent for its Loyalty in the late Civil Warrs, and most of the Alder∣men (except those whom Oliver Cromwell ob∣truded upon them) suffered many imprison∣ments during his Tyranny; and so likewise did most of the Gentry round about: for it is the glory of the County of Westmerland, that there was not one Person of quality in it who took up Arms against his King, and but two or three in Cumberland.