The following notes are based mostly on the lawyer's brief for the 1794 King's Bench hearing [in Whitehaven Record Office- D/Pen/bundle 74a]
Sheepheaves
The land in question was used mainly as common pasture for "the small breed of Sheep most common in the Mountainous part of this County". Just like manors, sheep pastures on the fells had unfenced boundaries, fixed by the farmers and shepherds, and, most remarkably, accepted by the sheep, which rarely strayed once the shepherds had taught them the limits of their allotted "heaf". To help fix the heaf boundaries, simple markers were sometimes placed on the fells (such stones were commonly used in Austhwaite).
The 1793-4 case indicated the boundaries of numerous heaves in Austhwaite, Birker and Ulpha:
- Miss Singleton's boundary claim cut through the sheepheaf of Mr Purves [apparently in Birkby]
- Also through William Pearson's sheepheaf of Cropplehow, which went up to The Rigg [apparently the ridge immediately west of Rigg Beck, south of Devoke Water]
- Also through the adjoining sheepheaf of Linbeck Farm in Birkby [the boundary of which was supposed to run round the shore of Devoke Water from Linbeck (the stream) to the point nearest the island, then up to the breast of The Rigg]
- The sheepheaf of Brantrake in Austhwaite was bounded by Linbeck (the stream) on the west and Devoke Water on the south.
- The next heaf to the east was that of John Viccars.
- (it appears that a few years ago there was another heaf here, belonging to John Sharpe)
- Next to that, Isaac Parker's.
- Next to that, Mr Stanley's (Dalegarth Hall), bounded by the Old Wall, Devoke Water and a great stone in Tivott Moss (at least part of this was apparently the Stanleys' own property, rather than a heaf in the conventional sense of an allotted area of common land). Dalegarth had 300 sheep and it was estimated that the Singleton boundary would leave pasture for no more than 150.
[All the above Austhwaite heafs include part of the shore of Devoke Water in their boundaries]
- Next to that, John Tyson's: the west boundary went from Pickt How over Seat (just east of Seat How, marked by the aforementioned two slates in the ground) to the north-west corner of the stone wall of Woodend inclosures. The east boundary was a straight line from Woodend fields to Foulsike.
- In Birker, Edward Wilson's heaf (as farmer of an estate belonging to William Tyson) started at Whitewall.
- Next to that, John Tyson's (of Birkerthwaite) began at Thorney How.
- Next to that, Henry Hartley's heaf (also Birkerthwaite) began at the Grey Stone in Whiteholme Moss.
- Whincop and Underbank sheepheaves both went up to the Stake of Green Crag; Whincop being mainly on the Bank of Green Cragg, starting at the foot of the Middle Tower of Green Cragg.
- On the Ulpha side of the boundary, Crosbythwaite sheep heaf began at Whitewall
- Next to that, Brigghouse heaf (possibly John Wilson's) began at Red Scarr
- Next to that, Grime Cragg heaf
- Then Lowhirst (John Leafson's) and Low (John Wilson and Henry Allison's) sheep intermixed, beginning about Thorney How
- Then Crook (Hartley Carter's?) probably beginning around White Crag Gill
- Then Bays Brown
- Then Pannel Holme
- Then Stoneythwaite heaf (John Sawrey's) began at the top end of Whiteholme Moss and went all the way across the middle of Green Crag and around the High Tower of Green Crag to the Stake of Green Crag (i.e. only on the height, not down on the Bank of Green Crag)
Sheep pasture was often seasonal. The Birker and Austhwaite farmers in the 18th century tended to move their sheep off the high fells in winter, but this was not really an option for the inhabitants of Woodend, so there was an informal agreement that they could at least use the south-facing pasture on the Seat rather than their own pastures on the north faces of Hesk Fell and Woodend Height, which scarcely saw the sun before March.
In summer, however, the boundaries were clearer, to the extent that, Stanley's side claimed, if you stood on the Old Wall and whistled, or made your sheepdog bark, any straying Woodend sheep would immediately head for the south side, and Dalegarth sheep for the north.
Nathaniel Poole claimed that Mr Mossop, a former tenant of Dalegarth, had agreed to pay Poole's father, then at Woodend, a bushel of barley for permission to pasture cattle and sheep on Seat How in summer. Stanley's lawyers argue that this is unlikely, as the payment ought to have been due to the Lord of the manor, and it was more likely to be either for Poole to keep an eye on the animals, or even to keep him quiet as he was allegedly a very awkward (or even deranged) customer.
There had also been a dispute between William Poole, former owner of much of Woodend, and Mr Gunson, a short-term tenant of Dalegarth, over the right to pasture animals on Sate How. When the case went to arbitration (one of the arbitrators being Henry Hartley) it was established that Poole did not, as such, claim a right to do so, but argued that if Gunson was so concerned he should either repair the Old Wall or keep a herd of sheep on the disputed land- either of which would discourage Poole's animals from straying.
Other land use
Peat was another important moorland resource. Stanley made much of the fact that peat was cut on Sate How for the new boathouse, and that by contrast the tenants of Woodend were on occasion caught cutting peat in the same area and punished. One such was Job Atkinson, who about 1753 was caught digging peat north of the Old Wall. Old Mr Stanley dealt with the matter personally (though not alone), by breaking Job's spade and threatening him with legal action if he attempted to take the cut peats away. So they remained there, quietly disintegrating.
The moorland was also used for shooting, and the lords of Ulpha and Birker both had gamekeepers. On 13 August 1792 there was a minor confrontation on Seat How between Joseph Wane, Stanley's gamekeeper, and Mr Milfield, Singleton's gamekeeper, both of whom claimed the right to shoot birds there. Also shooting, with Wane's permission, was a Mr Ponsonby- Milfield warned that he would prevent Ponsonby from taking away any birds he hit.
The boundaries
Riding the bounds
Devoke Water (and Woodend)
Cast of characters
