Old Ashburton

'Owing to the almost total neglect of Tinning in the County of Devon, for a series of years previous to my appointment to the office of Vice Warden of the Stannaries in 1784, and the office itself having being vacant for a long space of time, the antient public records and documents relating to the Stannaries have been lost.'

Reports from committees of the House of Commons, July 1800, appendix H.15, p259

'Notice is hereby given, that a general meeting of the special deputy wardens of the stanneries of Devon, will be held at the Bedford Arms Inn, in Tavistock, on Saturday the twenty ninth day of this instant August, at eleven o'clock in the forenoon, for the purpose of carrying into execution an act passed in the 38th year of his present Majesty's reign, intitled "An act for raising a body of miners in the counties of Cornwall and Devon for the defence of the kingdom during the present war." By order of the Lord Warden.'

Exeter Flying Post 20 August 1801 p3 col2

Edward Martin of Moretonhampstead appointed Steward of the Stannary Courts of Ashburton, Tavistock, Chagford and Plympton, by the Lord Warden of the Stannaries.

London Gazette Issue 17188 5 November 1816, p1

'The administration of justice, as it relates to the tin mines in Devonshire and Cornwall, is in the hands of the Stannary Courts, which are courts of record in these counties. They are held before the Lord Warden or his substitutes, by virtue of a privilege granted to workers in the tin mines, to sue and be sued only in their own courts, in order that they may not be drawn from their employment by lawsuits in other courts. The peculiar privileges of the tinners, and the laws by which they are governed, are more ancient than the time of Edward 1......they were confirmed however, by a charter of Edward, were fully expounded by a private statute 50 Edward 111, and since explained by a public Act 16 Charles 1 c.25. According to these acts, while the miners are employed in and about the Stannaries, they can be impleaded only in the Stannary Courts, in any matters, except land, life and member....

...Anciently [the Stannary Courts] were held at Crockern Tor, on Dartmoor....Mr Polwhele, writing about the year 1795, observes that the president's chair, the jurors' seats etc. remained entire, cut out of the rude stone; but that it had been for a long time customary to open the commission and swear the jury on the site of the ancient court, and then to adjourn to the courthouse at one of the Stannary towns. Indeed the custom of even opening the court at Crockern Tor has been for many years disused, and the seats have been destroyed by the removal of stone for building materials.

The history of Devonshire, the Rev. Thomas Moore, undated, p530ff

Manors. A manor was a civil administrative unit. It could be a single piece of land, or several. It could be part of a parish, or could include more than one parish. According to http://www.medievalgenealogy.org.uk the manor was 'the main building block of the feudal system'. The Domesday Book recorded the details of manors.

A lord ruled over a manor, which consisted of land (including things like woods and ponds) and buildings (including barns and stores). Tenants often rented parts of the manor, paying rent or giving services, and manor court rolls recorded the details. A court baron dealt with the everyday running of the manor, and some manors (Ashburton included) also had a court leet that dealt with disputes and nuisances. The findings of the courts were recorded in a court roll.

The court roll for Ashburton for 2 May 1424, preceeded by a series of enrolled title deeds relating to Ashburton, dating from the 12th century to 1421, is held by Birmingham Archives. It is extremely fragile and cannot be produced for examination.

The same archive holds other material relating to the manor court.

http://discovery.nationalarchives.gov.uk, Galton Papers, Birmingham Archives, ref MS3101/A/F/1/1
http://discovery.nationalarchives.gov.uk, Galton Papers, Birmingham Archives, ref MS3101/A/F/1

Between 1553 and 1555 there was a dispute between Thomas Stukeley and John Forde, gentlemen, and John Wylkockes, keeper of the bishop's palace at Exeter, concerning the detention of court-rolls of the manor of Ashburton. These had been 'demised to complainants with the borough by John, late bishop of Exeter, Devon.'

op cit p 429

http://www.victoriacountyhistory.ac.uk/explore/themes/government-and-administration/manor  - Accessed 7-3-2016  

Accounts and papers relating to Parlialmentary representation, Boundary reports, Dec 1831-August 1832, vol 38, p127

According to White's, the manor of Ashburton was 'sold in moieties' (ie halves) sometime after the reign of James 1st. At the time of the directory, Lord Clinton and Robert Jardine were lords of the manor.

White's History, Gazetteer and Directory of Devon 1878-79 p105

'When James I created his son, the unfortunate Charles, Duke of Cornwall, he gave him the manor and lands of Ashburton, which is a proof that they, at that time, were in the crown. By a grant of Charles II the same passed to strangers, and Lord Clinton, the writer understands, is now the owner...'

Dartmoor, a Descriptive Poem, with notes by W Burt, N T Carrington, London 1820, p177

'In the reign of Charles II it [Ashburton] belonged to Sir Robert Parkhurst and Lord Sondes, Earl of Feversham...[Sir Robert] sold his moiety to Sir John Stawell, of Parke, in South Bovey, by whose executors it was sold to Roger Tuckfield, Esq., from whom Lord Clinton, the present proprietor of one moiety of the borough, claims. The other moiety was, about the same time, purchased by Richard Duke, Esq., and is now vested in Sir L V Palk, Bart.

A Topographical Dictionary of England, Samuel Lewis, London 1842, p80

The courts were (and are) held in St Lawrence Chapel: 'By deed bearing the 27th December, 38th Elizabeth, Hugh Pomeroy, John Blundell, George Knoll, and John Rewell, granted and confirmed to John Caunter and others of Ashburton, and their heirs, their house or chapel, called St Lawrence's Chapel, and a piece of land adjoining, called the Chapel-yard, and the said John Caunter and others covenanted with the said grantors, to permit the homage of the manor and borough of Ashburton, for the time being (according to an ancient order and custom used in that behalf), to have the use of the said chapel and yard, yearly, at the two law days holden in the said manor and borough during the time of the sitting of the said court...[The chapel] is now in a bad state of repair, notwithstanding which the grammar school is kept in it, and parish and other public meetings, and the courts of the lords of the manor are held in it.'

Report of the Commissioners concerning Charities, containing that part which relates to the County of Devon, vol1, Exeter, 1826, p143

Until 1822 the courts leet of the two lords of the manor were held separately: the stewards of Lord Clinton and Sir L V Palk at that time held the courts on alternate years. But in 1822 the courts leet were joined together.

'The manor belongs jointly to Lord Clinton and Sir Lawrence Palk, Bart, through whose united influence the two members have for some years been returned.'

The Panorama of Torquay, Octavian Blewitt, Torquay, 1832, p 180

In 1834 a case, Rex v Woodley, came to court in Exeter resulting from a dispute at the previous year's selection of the court leet jury: James Woodley had to show by what authority he now held the position of bailiff.

The case established that it was the custom in the borough for the bailiff to select a list of freeholders. This list was presented at the court leet, and the Lord of the manor's steward then selected a jury from the list. Amongst other duties the jury appointed the portreeve, the returning officer in elections of Members of Parliament.

In 1833 the steward, not the bailiff, selected the list, and the bailiff, Mr Richard Caunter, objected. Mr Caunter then summoned his own list of freeholders.

The steward of Lord Clinton refused to use Mr Caunter's list, and swore in his own. This jury then elected the new bailiff, James Woodley. 

During the course of the case Mr Smith, the steward, refused to hand over documents to the court, saying that they were private documents of Lord Clinton. Lord Denman C J, presiding over the case, said that Mr Smith clearly held some documents in a public capacity as steward, and held others in a private capacity as attorney of Lord Clinton. He ruled that the former documents must be produced.

The verdict was given for the crown, 'nullifying the election of Mr Woodley as bailiff'.

Western Times 10 May 1834 p1 col5

Western Times 2 August 1834 p2 cols4,5

Sherborne Mercury 4 August 1834 p4 col5

See below for a section on the Portreeve.

Boroughs. People of a town could petition the Crown concerning their ancient rights and privileges. If the monarch agreed he or she could award the town a charter* confirming those rights, and the town became a borough with a degree of autonomy and an entitlement to elect Members of Parliament. Townsmen (usually called burgesses**) administered the borough, whilst the lord of the manor usually continued to hold manorial courts.

* Again, Henry Gervis, above, says 'Ashburton is a borough by prescription, not an incorporated borough.'

I take this to mean (but I may be wrong) that the town had been regarded as a borough for so long that a charter was not necessary to affirm its rights. When debating another borough it was argued that 'Clitheroe is not a borough by prescription for it had its origin within the memory of man'.

op cit, p 429

The Legal Observor or Journal of Jurisprudence, May-October 1844, vol 28, London, 1844, p470

** Ashburton had burgesses, as shown by the 'Chart of the Burgesses of Ashburton concerning the chantry in the chapel situated in the court of the Bishop in the same town' in connection with the St Lawrence Chapel. See the St Lawrence Chapel and Grammar School under Ashburton Schools for more details.

http://www.victoriacountyhistory.ac.uk/explore/themes/government-and-administration/boroughs-and-charters  -
Accessed 7-3-2016    

'The limits [of Ashburton] are at present unknown. No document is in existence from which it can be collected that they ever were accurately defined; nor does any trace remain of a Perambulation.

Resolutions of the House of Commons:

Resolved, 26 February 1707 that the right of election for members to serve  Parliament for the Borough of Ashburton, in the County of Devon, is in the freeholders having lands and tenements holden of the said Borough only.

Resolved, 17th March 1710, that the freeholders of the lands and tenements called Halshanger and Halwell, lands lying within the Borough of Ashburton, and subject to pay a Borough rent, have a right to vote for Members to serve Parliament for the said Borough of Ashburton.

....At the late election, which was the only one contested since 1761, persons were admitted to vote in right of estates and lands situated in various parts of the parish and at a distance from the town, whilst the intermediate properties afforded no qualification.

The situation of these lands has given rise to an impression that formerly the Parish and Borough were co-extensive, but no argument can be brought forward in support of this opinion... we therefore recommend that the limits of the parish, which are accurately defined, should for the future form the boundary of the Borough.

Parishes. A parish was (and is) a unit of Church organization, the boundaries of which might or might not co-incide with those of towns and villages in the area. The focal point of every parish was its parish church - and the focal point of every church was its tower.

Acknowledgement is made to R.J.P. Kain, R.R Oliver, the Economic and Social Research Council, the History Data Service and the UK Data Archive.

At the end of the 19th century the effects of the late Miss Cockey included an account of the 'taking of the bounds' of Ashburton in 1613, which was given to the Portreeve to be put into the town archives.

Later they proceeded to Lower New Park in Halshanger - the higher end belongs to Ilsington, and the lower to Ashburton. Following the stream  from Langaford Bridge, they arrived at Owlacombe and Hook's Cottage. The group then followed the River Lemon to Owls Rattle, and went under Lemon Bridge. The boundaries of Ilsington, Bickington and Ashburton met in a corner of an orchard, and the party went down through the orchard, over a hedge and onto the Newton Road. They then followed the road as far as the smith's shop at Water.

The route then went along the boundaries of Bickington and Torbrian, to Coombe Cross, passing then through fields on Goodstone grounds to the top of Mead Hill Cross. Here there was a stone indicating the division of Ashburton, Torbrian and Woodland. They followed the highway to Great Sanctuary, crossed the road to Higher Barn estate, and then went to the top of Whistley. The final leg of the journey was to Chuley pond and Chuley House.

Totnes Weekly Times 2 November 1895 p2 col5,6

'Ashburton is .....an ancient borough by prescription, and is governed by a chief magistrate called a portreeve, who is chosen yearly at the courts of the lords of the manor, and is the returning officer at elections for members in parliament.'

A new display of the beauties of England, or a description of the most elegant or magnificant public edifices, royal palaces, noblemen's and gentlemen's seats, Part 2. Anonymous 1776 p368

'An air of excitement was generated when in November the court leet assembled. It was a long drawn out procedure, the names of all the householders were called out and a fine of one shilling was imposed on absentees. This was not enforced and was eventually forgotten.

As our house was opposite the (St Lawrence) Chapel we had a good view of all the events like the emerging of the portreeve. I well remember watching the newly appointed dignitaries posing at the top of the steps. In those days you needed a long  pocket to hold this office. I remember one particular year in the 1930s when to my mother's horror I could be heard saying 'Come quickly, Mummy, it's the little pock faced man who comes to church'

Many thanks to Hazel Bray for the above

                                                                       *******

                                                                     The Eight Men

'There was.....a certain body corporate, known by the name of the eight men, otherwise the eight men of Ashburton, having several liberties, privileges, pre-eminences, advantages and commodities.....'

Writ issued to the Dean of Exeter Cathedral, 1680s.

'There is not, nor is there had, nor ever was there, nor ever was there had any body corporate known by the name of the eight men.....'

Reply by the Dean

'(Churchwardens) are accountable to the Rector, Vicar, new Churchwardens and Parishioners, for what Goods and Money etc. they have received for the Use of the Church; and this must be done at the End of the Year........But by a particular custom they may give up their Accounts to Twenty-four of the chief Men.....'

Parish Law, Joseph Shaw, printed by Henry Lintot, 1755, p90

The number twenty four turns up in the Churchwardens' Accounts for Ashburton in 'certayne agreamentes' of 1570, which state that the annual accounts shall be made in the vestry by the Eight Men but with the help of twenty four others, twelve of whom shall be from the Borough, and twelve from the 'Manner'.

Churchwardens' accounts of Ashburton 1479-1580 Alison Hanham, Devon and Cornwall Record Society 1970, p193

In 1537-38 £6 was delivered by the churchwardens to the Eight Men, together with 26s 8d from the store of Saint Mary Magdalene.

Eamon Duffy says that the custom of having a small number of senior parishioners was 'common in the West Country.' He is writing about Morebath in Devon, where the number varied between three and five. 

Ruanlanihorne Parish Church registers list the men selected to be the eight men of the parish in November 1702

National Archives E 134/21Chas2/Trin1

In 1793 a book was published containing legal cases collected by Sir John Tremaine, John Rice and Thomas Vickers, entitled 'Pleas of the Crown in matters criminal and civil.'

One of these cases concerns a John Yolland  during the reign of Charles II (1660–1685). He had been elected 'into the place and office of one of the eight men of the parish of Ashburton', but the dean of the cathedral church of St Peter in Exeter had not 'admitted the said John Yolland into the place and office.....nor have administered to the said John Yolland, according to the duty of your office, the oath in the parish of Ashburton in the county of Exeter.'

A writ was issued to try and force the dean, Richard Annesley, saying that John had 'great damage and grievance' and 'manifest injury of his estate'.

The dean agreed that there was an 'ancient and laudable custom of choosing the said eight men in the parish of Ashburton' and that 'upon the death or deaths of one or more of the said eight men some other person or persons......have been used and accustomed to be chosen.'

But, he argued, this choosing happened on the first Sunday after the 6th May, and not at any other time; and the person elected was presented to the dean or his surrogate at the next visitation. John Yolland's predecessor, William Friend, died on the 1st May 1681. The first Sunday after the 6th May was the 8th May, and John was not elected on that date. This was the reason he had refused to admit him.

Pleas of the Crown in matters criminal and civil , Tremaine, Rice and Vickers, Dublin, 1793, p 467-469

Above: During what I have called 'The Pew Wars' of the 1760s and 1770s, the Eight Men are still evident. In a letter to Richard Harris, Attorney at Law, Thomas Furlong says the following:

By 1900, the Western Times is calling Ashburton an Urban District Council

Western Times 9 July 1900 p4 col7

The 1902 Kelly's Directory says the following: "Since 1898......... the government of the town has been entrusted, under the Local Government Act 1894, to an Urban District Council of 12 members, formed 15th April that year.

Kelly's Directory of Devonshire and Cornwall, 1902 p30

In 1906 The Ashburton, Buckfastleigh, Brent and Ivybridge Almanack also refers to Ashburton as an Urban District Council

                                                                        *******

 Above: Members of the Town Council, and list of Clerks to the Council. This plaque can be seen in the Town Hall.

Many thanks to John Germon for this photograph.