Boundary Dispute

Yorkshire to wit John Yorke Esquire complains of Sir Thomas Woollaston White Baronet being in the custody of the Marshall of the Marshalsea of our Lord the new King before the King himself. For that the said Sir Thomas Woollaston on the 28th Day of April in the year of our Lord 1808 with force and arms at the Manor of Appletreewick in the County of York broke and entered a certain close or parcel of land of the said John called Appletreewick Common otherwise Appletreewick Moor situate, lying and being within the said Manor of Appletreewick in the said county near to a certain place there called Parker Tarn and then and there by himself and his servants trod down, trampled upon and spoiled the grass and herbage of the said John standing, growing and being in and upon the said close, and then and there being of great value, to wit the value of Five Pounds, and then and there dug up, turned up and subverted the Turf and Soil; to wit Five Perches of the Turf and Five Perches of the Soil of the said John in the said close being, and other wrongs to the said John then and there did. AND ALSO for that the said Sir Thomas Woollaston afterwards; to wit on the same day and year aforesaid, with force and arms at the Manor of Ramsgill in the County aforesaid, broke and entered a certain other close of parcel of land of the said John called Heathfield Common otherwise Heathfield Moor situated, lying and being within the Manor of Ramsgill aforesaid in the said County and then and there by himself and his servants trod down, trampled upon and spoiled the grass of the said John standing, growing and being in and upon the said close, and then and there being of great value, to wit the value of Five Pounds, and then and there dug up, turned up and subverted the Turf and Soil; to wit Five Perches of the Turf and Five Perches of the Soil of the said John in the said close being, and other wrongs to the said John then and there did against the peace of our said Lord the King, wherefore the said John saith he is injured and hath sustained damage to the value of Five Hundred Pounds and therefore he brings suit etc…

A plan showing the disputed boundary with relation to Pateley Bridge etc

Plea…  General Issue  Not Guilty

JURY

Mr Scarlet

Mr Yorke has brought this action to ascertain the Boundaries of Bewerley, Appletreewick and Ramsgill. Sir Thomas White entitled to the minerals under the Wastes of Bewerley. Boundary commences at Craven Keld, thence in a right line to Jack Hull, thence to Greystone, thence to the Oak Grain where the Boundary terminates. Defendant admits that the Boundary commences at Craven Keld, but from thence goes towards Parker Tarn, thence to Jack Hull, thence to Greystone and thence deviates to embrace a nook marked on the map. First trespass committed to ascertain boundary between Appletreewick and Bewerley – 2nd trespass between Bewerley and Ramsgill – Manors belonged for ages to the Yorke Family – Evidence of Boundary consists of Perambulations which commenced as early as 23rd July 1663. At that time there was no distinction between the right of the Manor and to the Minerals. Some Perambulations as Lords of Appletreewick – others as Lords of Bewerley. 1st Boundary between Appletreewick and Forest of Barden and Bewerley – place called Blow Tarn is a boundary which is perhaps confounded with Parker Tarn. The line should always be the straightest – from thence to Greystone, from thence to where an Oak tree was much decayed so they marked a stone thereby.

2nd Perambulation July 8th 1685 – same as former.

3rd 1699. Perambulation of Bewerley etc – Craven Keld, Jack Hull, Greystone – Oak decayed, marked a stone etc, placed here for that purpose.

4th 1735. Perambulation of Bewerley etc as before – signed by many freeholders – handwriting can be proved – Isaac Thornhill one of them – was a steward to the Yorke and White Families.

Mr Yorke has enjoyed the mines under the ground in dispute for many years – Lease to Mr Wood – of the premises, who has enjoyed the ground, sunk Gulph Shaft, Defendant claims near it, if not the very shaft itself. Persons employed to drive an underground level – time of Mr White, father of the Defendant – a great vein of Lead expected to be found which Mr White wished to participate and sunk a shaft – Mr Yorke’s men discharged the workmen – Agent and Moss set out a line as boundary which shewed the shaft to be beyond the boundary – Wood drove Top Level to drain from his Engine in the disputed ground, about 13 or 14 years ago. White set up a boundary line. Person to plan his mining grounds trial at York.

2nd Trespass

Township in Bewerley called Hardcastle. Kept sheep – been burned back and complaints made to Mr Yorke.

In 4th [?] trespass several inclosures made 50 or 60 years ago – all in Appletreewick except part of one which projects a little – rents paid in Bewerley.

Defendant can only contend that Bewerley people have got their peats in the spot. All the Bewerley people did, but Mr Yorke’s men also got peats for their Engine which is in Appletreewick.

Abraham Ward

To prove trespass admitted.
22nd Sept 1807. Boundary riding. Sir Thomas White present and Rev Moseley Atkinson and several others of Mr Yorke’s family. Began at Keld Dyke, endeavoured to go from thence in a straight line to Jack Hull, from thence to Greystone, from thence to Old Aok Grain – does not know the meaning of Old Oak Grain and the boughs of trees in our country frequently called Grains – went from thence to the Beck – cannot positively state that Sir Thomas was there, some of Sir Thomas’s people went to Parker Tarn, they insisted upon it. A Great Stone at Oak Grain – cannot say how many horses it would take to draw it, very large – nearly covered with moss – a cross partly made by nature, part by man. Parker Tarn is on the decline of the ridge – thinks it is on the declivity both to Bewerley and Appletreewick – but also to Bewerley – Ridge is towards the East – Ridge runs towards Greystone – Ridge is more steep towards Appletreewick – does not know that Parker Tarn is quite on the ridge but Craven Cross is quite on the top of the ridge – Grains sometimes mean rivulets of water.

Mr Yorke’s title to the Manor admitted.
Sir Thomas White’s title to the mines under the wastes of Bewerley admitted.

Rev Moseley Atkinson

Went the boundary – met them at the Old Oak Grain. Greystone is on the moss – was present when the moss was taken off the stone at Oak Grains – observed a cross, my reason for thinking it was made by art is because it crossed the grain of the stone – one of the lines with the grain of the stone – that line not above 100 yards from Merryfield Beck – has attended for many years to Mr Yorke’s affairs – found Boundary Rolls – produced – knows Gouthwaite Hall, it is in the Manor of Ramsgill – there are some inclosures about Craven Keld – has been in – ancient Rents have been collected at Appletreewick at the Court Day since 1749 – found Rental – Bewerley Rentals kept at Bewerley – Muniments of Title Deeds are kept at Richmond – Rental of 1749 – Lands property of Isaac Thornhill – paid £1 5s – no claims to inclosures.

Mr Topping

Sir Thomas White at the boundary – went to Parker Tarn – Stone covered with Ground – top uncovered – some part uncovered – when found, more of it was cleared to discover the cross.

Stone first seen 11th August 1807. Went with Sir Thomas W White, did not allow it to be a Bounder riding, but would go to discover what the old men could state about it – moss grows fast in that Country.

Mr Humphries

Present at the View. Went up the road to the Bar – thence on the Common – Mr Rodham the shewer – Mr Rodham shewed to Jack Hull, but no particular description.

William Marshall

Has lived for 67 years within half a mile of where he lives now. Knew Richard Ward, he was a neighbour and relation – proves handwriting of Richard Ward and also of J Jew, freeholders of Bewerley, resident at Greenhoe – also Manual Simpson lived and died on Greenhoe Hill – Isaac Thornhill Land Agent and Mine Agent for the White and Yorke Families.

William Moore at 60, lives at Steinbeck Down within the Manor of Ramsgill – handwriting of his father – and of Richard Craven.

Boundary Roll 10th July 1735…

… Craven Keld to Jack Hull, thence to Greystone on the moss, thence to the place where the old oak grain stood the place of which is now supplied by a great stone place there for that purpose, and so ended at Merryfield Beck.

Boundary Roll 23rd July 1663…

… on the moss to a place called The Oak Grain where the Old Oak giving name to the place being much decayed they did make a stone there lying with a cross ipon it.

August 1699 B. Roll – as before

… the same being much decayed a Boundary mark is made on a stone there lying…  and so ended at Merryfield Beck.

July 6th 1710 B. Roll – same as before

July 3rd 1718 B. Roll

… the old oak grain the ancient Bounder marks.

Mr Scarlett has promised copies of these Rolls.

William Layfield at 76, lived 33 years in Bewerley. Mr Yorke’s Agent during greatest part of the time, left it about 8 years ago – Remembers Overend, Moorhouse & Co., having a lease before the present Sir Thomas’s time – of the Mr White, father of the present Sir Thomas, 21 or 22 years ago – remembers sinking a shaft very near the boundary line – just beyond the walls of the old inclosures, thought they were in Mr Yorke’s liberty and spoke to him, ordered James Bell to discharge the workmen and James Bell showed me the discharge before he served it and I spoke to Mr Moorhouse myself – The desisted working immediately – Joseph Pounder was one of the workmen discharged and he never worked a stroke after – soon after in the same summer Mr Moss appointed a meeting to fix the boundary, that there might be no more dispute about it we fixed it near the shaft where we could see Jack Hull at one end and Craven Kell at the other. Moss took Mr White’s tenants – most of them Bewerley people. Mr Moss seemed satisfied before he went and we had but a few words about it. Men were set in as near a straight line as we could, posts were set that there might be no disputes. We found by the line that the shaft was on the west side in Mr Yorke’s liberty – Mr Moss said he was satisfied and the men never worked after. This has been the reputed boundary all my time from Craven Kell to Jack Hull, thence to Greystone, thence to Oak Grain, but I was never at it myself.

Mr Wood occupied a large tract of mining ground by lease.

Robert Baines was one of Mr Yorke’s tenant at Heathfield.

William Busfield kept sheep at Hardcastle – he was requested by Baines to discharge Busfield from keeping sheep. Baines yet alive – Busfield was discharged by writing – does not know whether Busfield kept sheep afterwards or nor.

Mr Park: never saw sheep there – only knows what he has been told – knows Parker Tarn, that it lay north of Mr Wood’s mine. A Gill between Jack Hull and Parker Tarn – does not think Parker Tarn is on the ridge of the hill.

Proved Mr Wood’s lease – 1st May 1790 – received the duty under the lease – W. Wood dead.

The shaft sunk by Overend & Co., is on the Appletreewick side of the line from Craven Keld to Jack Hull.

Mr Park and Mr Topping stated to the Judge the different documents which they had to produce on both the counts, as well as the evidence of cutting peats, which not being sufficient to counterbalance the Evidence which they had produced and still had in reserve.

The Judge directed the Jury to find for the Plaintiff