Devon (England) -- Social life and customs; Wreyland (England)
This caused a sharp dispute in 1870 and 1871. A man at Bristol got the
Duchy to grant him 280 acres for enclosure, and he began enclosing.
People said that this enclosure was on Chagford common. But the Duchy
officials said that the Ordnance map was wrong, and the Tithe map was
wrong, and all the old inhabitants were wrong, although they had beaten
the bounds, since they were young, just where their elders used to beat
them. It seemed that nobody outside the Duchy office knew where the
boundaries were. Inquiry was made if these officials had received a
revelation from above; and then they came to earth with a Perambulation
made on 24 July 1240. But that was a well-known document, printed in
several books on Devon, and certainly did not prove their case.
Henry the Third granted Dartmoor to his brother the Earl of Cornwall on
10 October 1239, and the Earl had this Perambulation made next year. It
is clear that Furnum Regis is King’s Oven at the end of Hurston Ridge,
and there is no difficulty about the words next after that, “et inde
linealiter usque ad Wallebrokeshede et sic in longum Wallebroke usque
cadit in Dertam,” but there certainly is something wrong about the words
that go before, “et sic in longum Wallebroke et inde linealiter usque ad
Furnum Regis.” How could the boundary run along the Wallabrook before
reaching King’s Oven, and afterwards run along the Wallabrook for the
whole length of its course from its head to its confluence with the
Dart? The officials said there were two Wallabrooks here, and the
unknown Wallabrook was the same as Hurston Water. This was really the
only basis for their claim. But the Perambulation says ‘Wester
Wallebroke’ in speaking of another Wallabrook on the other side of the
moor, and would presumably say ‘Norther Wallebroke’ here, or else say
‘Wallebroke’ and then ‘aliam Wallebroke’ just as it says ‘Dertam’ and
then ‘aliam Dertam’ on coming to the other Dart. Moreover, the sentence
is imperfect as it stands. In all other cases the Perambulation takes
the boundary to some fixed point and thence, etc. Either ‘usque ad ...’
has dropped out between ‘Wallebroke’ and ‘et inde,’ or else ‘et sic in
longum Wallebroke’ has been put in by mistake. Possibly the scrivener
saw the words in the next sentence, and repeated them in the wrong
place.
My father joined in the dispute, as the enclosure was threatening our
rights of common at Hurston. He looked up the evidence, and wrote a
memorandum on it, ending (in red ink) with this--“The farmers will of
course pull down the fences, and put the Duchy to the proof of its
claims in a court of law.” And of course they pulled them down, and the
Duchy dropped its claims. I did not see the demolition done, but have
always heard it was an animated scene. Some twenty men went out to do
it, and they took a cask of cider with them, to strengthen their
conviction in the justice of their cause.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account