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THE BIRKER BOUNDARY CASE- PEOPLE


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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]

The combatants

Edward Stanley 1690-1751- (usually referred to in 1793 as "old Mr Stanley") Married in 1837 to Mildred, daughter & co-heir of Sir George Fleming, Bishop of Carlisle.

George Edward Stanley 1748[-1806]- the plaintiff. Son of Edward. High Sheriff of Cumberland in 1784, built the new Ponsonby Hall.

William Singleton, of Drigg- bought the manors of Ulpha and Bootle about 1753.

Miss Mary Singleton, of Drigg- the defendant. Heir of William.

Witnesses

I have given the ages of witnesses as quoted in the legal document, but also their dates of baptism where possible- which do not always quite tally.

George Barr, aged c17 in 1793- "yeoman" of Ulpha. Shepherd for John Sawrey of Ulpha in 1792

John Bowman, aged c58 in 1793- master joiner and cabinet maker of Calder Bridge

Ferdinando Casson (sometimes mistakenly called Leason), aged c55 in 1793 [son of John Casson of Lowhirst in Ulpha, baptised in Ulpha church 10 Mar 1739 (1738 Old Style)]- farmer of Ulpha. Lived at Lowhirst until about 1773 (in 1793 it belonged to John Leason or Leafson). Since then he had lived elsewhere in Ulpha. From about 14 to 19 years old, he shepherded Lowhirst sheep. As clerk to Ulpha church, he posted the notice of Miss Singleton's perambulation in June 1793.

John Gaitskell, aged c61 in 1793- shoemaker of Broughton in Furness. Has fished in Devoke Water for some 40 years. Helped Sawrey and Lutwidge when they leased the fishing, so was allowed by them to fish without payment. About 1791, he caught a very large trout, which he chose to give to Mr Stanley.

William Gunson, aged c42 in 1793- farmer of Beckermet. Lived at Dalegarth in his youth, leaving about 26 years ago. Shepherded Dalegarth sheep for about 5 years

Frances Harrison, aged c67 in 1793- present at perambulation c1734. Also remembered cutting peat on Seat "on the Outside of the Pool".

Henry Hartley- farmer of Birkerthwaite, also George Stanley's bailiff (unless that post was held by next:)

Henry Hartley, aged c54 in 1793 [son of Edward Hartley of Crystcliff, baptised at St. Catherine's 11 Dec 1739]- yeoman of Hensingham. Moved to Whincop in Birker, then at the age of 23 to Underbank, where he stayed for 7 years before leaving the district. He later returned to Whincop for 3 years.

John Jackson- farmer, now of Rydal. Tenant farmer of Dalegarth from about 1770 to 1775, during which time he also farmed the sheepheaves of Whincop and Underbank. Involved in 1769 perambulation, delivered the notice announcing it to Mr Singleton

Robert Jackson, aged c76 in 1793- present at perambulation c1734

William Pearson, aged c69 in 1793 [son of Joseph Pearson, baptised at Muncaster church 27 Aug 1724]- gentleman farmer of Cropplehow. Birkby tenant, lived at Cropplehow all his life, trained as a shepherd in infancy, present at the 1769 perambulation, also remembers the building of the new boathouse.

Miles Ponsonby Esq.- of Hail Hall near Egremont; local gentleman who has fished in Devoke Water more-or-less every year since about 1777.

Nathaniel Poole (or Powe)- yeoman of Seathwaite on Duddon. Raised at Woodend (apparently not a son of William Poole, the main landowner)

Jonathan Rodgers, aged c49 in 1793 [son of William Rodgers, then of Cragg house, baptised at St. Catherine's 23 Oct 1742]- farmer of Eskdale. Farmed Dalegarth with his father.

William Rodgers, aged c78 in 1793- farmer of Eskdale. Born at Austhwaite Field (on the farm now possessed by John Viccars) and lived within 5 miles ever since; at about 17 moved to Dalegarth Hall as a servant. 18 years ago he moved back to Dalegarth as farmer, for a 7-year term, which was subsequently extended by 4 more years

John Sharpe, aged c69 in 1793 [son of Joseph Sharp of Low Birker, baptised at St. Catherine's, 26 May 1724]- farmer of High Birker. Born at Low Birker. From about the age of 10 to 19, he lived in both Birker and Ulpha, as his father farmed in both places. His estate does not include land in Austhwaite. Present at perambulation c1734

Joseph ("Joe") Stable- sheep farmer of Woodend. Failed to turn up as witness in the 1793 assize hearing.

William Stable, aged "70 odd" in 1793- present at perambulation c1734

John Stanley, aged c62 in 1793- innkeeper of Broughton (in Furness). Has fished in Devoke Water since childhood (though rarely since about 1773), and in adulthood was steward to Mr Sawrey of Broughton in Furness.

Bridget Tyson, aged c71 in 1793- present at perambulation c1734 (the girl who never got any of the brass).

Edward Tyson- farmer of Birker. Present at perambulation c1734

John Tyson, aged c40 in 1793- farmer of Birkerthwaite. Present at 1769 perambulation.

Nicholas Tyson, aged c54 in 1793 [son of Edward Tyson of Brantrake, baptised at St. Catherine's 5 Dec 1738]- farmer of Yeathouse. Lived at Brantrake until about the age of 40. Present at 1769 perambulation

The Tyson family of Ulpha- key witnesses for Miss Singleton, described by others on the Stanley side as "a set of people of most notorious bad Character and have been so for many generations"

John Viccars, aged c73 in 1793 [son of Edward Vickars of Christ cliff, baptised at St. Catherine's 2 Feb 1721 (1720 Old Style)]- farmer of Forge house. Born in Eskdale, Austhwaite tenant since about 1751

Joseph Wane- yeoman of Calder Bridge. Gamekeeper to George Stanley, possibly for the past 13 years, as during that period he has fished on Devoke Water 5 or 6 times a year

Edward Wilson, aged c62 in 1793 [son of John Wilson of Dalegarth; he and his twin brother George were baptised at St Catherine's, 5 Jul 1732]- farmer of Birkerthwaite. Lived at Dalegarth until about the age of 15. Worked as a shepherd for the Dalegarth estate (and occasionally went fishing with Henry Matthewman) until he decided to learn a trade, which he did at Birker, where he has lived for the past 30 years.

John Wilson, aged c55 in 1793- yeoman farmer. Born at Butterilket, now in possession of Low farm (and possibly others) in Ulpha. Present at 1769 perambulation

Timothy Wilson, aged c74 in 1793- farmer of How. Born at Low Wood but moved to Butterilket at about 1 year old. At 13 went to live at Dalegarth, where he remained 23 years, working as a shepherd. Still lives in the Eskdale/Birker area. Present at perambulation c1734. His father was present in the 1750s when Mr Stanley punished Job Atkinson of Woodend for digging peat on his land.

Others

Hannah Allason- of Ulpha. Failed to turn up as witness at the 1793 assize hearing

Job Atkinson- a tenant at Woodend in the 1750s (possibly the same Atkinson of Woodend who attended the 1769 perambulation)

Miles Cowper- dyer of Beckfoot in Ulpha. Witness at the 1793 assize hearing

George Gibson- farmer of Ulpha. Witness at the 1793 assize hearing

- Gunson- former tenant of Dalegarth

Mary Lewthwaite- of Eskdale. Failed to turn up as witness at the 1793 assize hearing

Henry Matthewman- former fisherman to the Stanleys, and remained resident at Dalegarth Hall until his death. Buried at St. Catherine's 5 Mar 1779, aged about 80.

- Milfield- gamekeeper to Miss Singleton of Ulpha in 1792

- Mossop- former tenant of Dalegarth

Mr Pirt- slate merchant of Broughton in Furness. Witness at the 1793 assize hearing

William Poole- former owner of about half the tenements at Woodend (now owned by another member of the family)

Mr Sawrey- of Broughton Tower. Neighbouring landowner who used to fish in Devoke Water.

Thomas Smith- yeoman of Catt (in Eskdale?). Witness at the 1793 assize hearing

John Stable- formerly of Baskell in Ulpha, dead by 1793. Did some walling work for old Mr Stanley. Probably the same as John Stable, former servant to the Huddlestons at Millom Castle. Probably not the same as John Stable of Woodend, who looked after the Devoke Water fish around 1760.

Elizabeth Williamson, 1728-1793- nee Huddleston, daughter of William Huddleston, Lord of Millom (1699-1745). Married Hedworth Williamson of Monkwearmouth in 1748. The couple gradually sold off their Cumbrian properties, finally selling Millom itself to Sir James Lowther in 1774.

The boundaries

Riding the bounds

Devoke Water (and Woodend)

Sheepheaves and other uses