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Turnpike Tolls and Lone Rebels

On the 29th December 1854, at about 9 o’clock in the evening, Mr John Moffat threw down and leveled a “certain rail” belonging to the Alnwick Abbey toll gate situated on the Alnwick and Eglingham turnpike road. Documents from the Dickson, Archer and Thorp collection allow us to follow this case through the courts, and can help us to unpick Moffat’s localised actions and national motives. It is thought these documents were kept as Mr William Dickson, a generational partner in the firm, had been heavily involved in the establishment and maintenance of Alnwick’s turnpike road.

Turnpike Roads and Trusts

The establishment of turnpike roads had been first encouraged by central government during the eighteenth century. To use these roads travellers were required to pay a set toll at the turnpike gate. The term “turnpike” derived from the spiked barriers placed on these toll booth gates.  The levied toll would then be re-invested into the road’s maintenance and repair. This system of re-investment created a better road network; allowing for the more efficient movement of goods and the furtherance of industry.

Turnpike roads were managed by “turnpike trusts” consisting of local business owners and industrialists. To create a turnpike road the trust would request permission from central government.  Once permission had been granted the trust was free to set a toll. They would then retain control over the road for 21 years, although this time could be extended by Parliament. By the passing of the last turnpike act in 1836 there had been 942 acts for new turnpike trusts across England and Wales, and turnpike roads covered roughly ⅕ of the total road network.

 

 

 

 

A series of toll booth adverts placed in the Newcastle Courant referring to the letting of turnpike toll gates and master positions. The gates referred to here would have been similar to the one Moffat leveled in 1854. REF: NRO 11343/B/DAT

 

 

 

 

The turnpike toll gate Moffat damaged had been established after a meeting between the Alnwick turnpike trustees in 1826. This was evidenced in court by Joseph Archer, whom produced the trustees’ minute book obtained from the office of their clerk A. Lambert Esq. Archer also produced various other pieces of evidence to prove the gate’s legality. This included a minute book entry referring to the letting of the Toll Master position to William Patterson and a copy of the Newcastle Courant containing the original letting advert.

 

Queen vs Moffat

The aforementioned evidence was used against Moffat at the Northumberland Adjoined Epiphany Sessions, held on the 22nd July 1855, where Moffat faced two accusations. The first being that he had leveled the toll gate in a “malicious manner,” and the second that his actions had prevented subsequent travellers from paying the due toll.

William Patterson had only been the Alnwick gate toll master since the 13th May 1854. Prior to this he had been living in the area with his wife Margaret and their four young children.

 

 

 

 

 

 

Agreement to let the Alnwick turnpike toll to William Patterson. Also note Mr Dickson’s name included amongst the trustees, further evidence of his close involvement with the case. REF: NRO 11343/B/DAT.

 

 

 

 

 

 

 

 

 

 

Yet, despite being in the position only a short while, he admitted to the court that he did;

“not collect the tolls myself generally but I authorise my daughter Alice Patterson to do so in my absence and she had principally collected them since the tenth of June last.”

Alice was his eldest child, born around 1838, and the principle witness to Moffat’s damage. She testified that Moffat had rode into Alnwick with his brother Arthur and refused to pay the designated toll. He had told Alice she could tell her father to put him before the magistrates, but that the toll was unlawful and he therefore would not pay. Upon trying to leave Alnwick hours later the Moffat brothers found themselves locked within the city. Mr Patterson still hadn’t returned to the toll gate, and Alice refused to grant them exit without receiving the outstanding payments. The men refused once more and, as also witnessed by Miss Isabella Williamson, John got down from his horse and began to level the offending gate in the following manner:

“He then started to pull down the rails between the Gate and the Gate House. These rails were in line with the gate across the road and are to prevent any one passing without paying the toll. He broke a piece off the top of one of the rails and she (Alice) told him she would rather open the gate then watch him break it.”

 

 

 

 

 

Alice Patterson’s witness statement, accompanied by a small sketch of the turnpike gate. REF: NRO 11343/B/DAT.

 

 

 

 

Turnpike Riots

Mr Moffat’s defence, both at the time of the act and in court, had been that the “the gate was not legal.” This opinion fed into a larger national feeling, with over a century of toll riots having occurred across England and Wales targeted at the swift spread of turnpike gates.

During the 1720s and 1730s some inhabitants of Kingswood near Bristol resented the payment of newly set tolls, which they perceived as being unfair on coal traffic. They subsequently tore down the newly erected turnpike gates and eventually won the exemption of coal traffic in the area. But, with local farmers yet to be pacified, the Bristol riots continued across the latter half of the century. In 1753 riots began in the West Riding of Yorkshire, again because coal traffic had been forced to pay heavy toll duties which had a ripple effect upon the area’s textile production.

Yet, with respect to the timing of Moffat’s stand, the most recent turnpike riots had been the “Rebecca and her Daughters” movement in rural Wales. Between 1839 and 1843 men disguised themselves as women to pull down toll gates in their areas. They referred to themselves as Rebecca’s daughters in reference to a biblical passage about the need to “possess the gates of those who hate them.”

Hence, although industrialists and entrepreneurs may have viewed turnpike gates and trusts as a positive development, small holders or independent artisans saw them as an unnecessary blight on their income and business dealings. Occupational information about the Moffat brothers places them into this latter category, with John being named as a Beanley-based farmer in Alice’s testimony and Arthur Moffat having worked as a farmer in Eglingham on the Turnpike road. It is therefore likely that John would have empathised with the concerns of his national counterparts regarding the heavy payment of tolls, and this allows us a potential insight into Moffat’s belief that the gate was unlawful.

 

Punishment

Irrespective of Moffat’s motivation or inspiration he was found guilty before the court of committing a misdemeanour. Whilst the collection’s documents do not specify the court’s punishment there is a letter between Mr Dickson and a clerk working for the Duke of Northumberland which ambiguously suggests an out-of-court agreement was drawn up between Moffat and the trust.

Ultimately the event does not seem to have inspired further opposition against the toll gate and, as the Duke of Northumberland assured Mr Dickson in correspondence, there was no intention to close the toll booth in the wake of the court case and the turnpike road operated as usual.

 

 

Private stocks and gallows – crime and punishment in the Manor

We have covered a little about how law and order was kept by the manorial system when we looked at customs in a previous blog, but what about crimes that broke laws, not just customs? The manorial court or court Leet met around twice a year and dealt with minor boundary issues and scuffles. Most manor courts, though not usually recording such punishments, seem to have kept stocks, pillories and tumbrels for punishing those guilty of smaller crimes. Stocks trapped the prisoner around the ankles, while a pillory held them around the neck and wrists. In both the prisoner would be further subjected to abuse and refuse thrown from the crowd. The tumbrel was a two-wheeled manure cart, which would be used to transport the prisoner and perhaps tip them into a pond – the practice often referred to as ‘ducking’. Tuggal Manor was fined 1 shilling 8 pence in 1683 for not keeping a pair of stocks. Presumably they would have been a common sight as you travelled around the country, and some towns like Berwick still have theirs on display.

From an engraving of Defoe in the pillory in the early eighteenth century, SANT/BEQ/15/4/40. Daniel Defoe was pitied for his charge of seditious libel, and the crowd threw flowers, a vast improvement on their usual weapons of choice.

However in the twelfth and thirteenth centuries a manorial court could, with royal permission, become a franchised law court dealing with more serious cases, and we have found evidence of a few of these as we have been researching the manor authority files. The whole picture of medieval law is too complex to delve into in a short blog post, but the various parts of the machine can be grouped into three types of legal administration: the central courts of law; different types of smaller courts held by itinerant commissioned justices as they progressed around the country; and permanent local franchise courts. The franchise of the legal responsibility for a particular area might be given by the crown to a hundred, borough, or the feudal courts of the Court Baron or manorial court. Some lords held the ancient right of ‘infangthief’ and ‘outfangthief’, where if they caught thieves from within or from outside the manor red-handed on their land, they could try and fine them. Those whose manor was franchised held royal permission to maintain a gallows and tumbril to execute anyone found guilty. This was possibly a hangover from the Anglo-

Read morePrivate stocks and gallows – crime and punishment in the Manor

It’s our custom – day to day life in the manorial documents

We can learn a lot about everyday life in the manor by looking at how it was organised. Using manorial documents we can identify individuals and look at what ‘customs’ (rules) they were required to live by, and how they bent or broke the rules that their manor imposed. You could be ‘presented’ before the manor to be ‘amerced’ (fined) for anything from large offences like cheating buyers at your market stall, to not having your chimney in correct repair or cutting back a tree hanging into a neighbour’s garden. Between different manors these rules could be strikingly different.

The customs were upheld by a number of different officials. A Bailiff or Reeve (paid and unpaid versions of the same post) took on the day to day running of the manor. He might be assisted by a barleyman (‘byelaw man’ in charge of upholding the bye laws of the manor), Pinder or pounder (in charge of impounding livestock), lookers (into a particular area, such as fencelooker who examined boundaries and fences), among other roles depending on the needs of the manor. We find evidence of these officials in the manorial documents.

NRO 672/A/3/87 first page giving details of Hexham manor, the names of the borough Jury and the Afeerors.
Part of the first page of NRO 672/A/3/87 giving details of Hexham manor, the names of the Borough Jury and the Afeerors.

To show how customs worked we will take Hexham manor as an example. In Hexham we have an excellent series of what is known as the Borough Jury books (often spelt ‘burrow books’) from the seventeeth to nineteenth century which give ‘presentments’ (judgements of cases) jurored by a group of the townsmen known as the four and twenty. These books list other roles like the common keepers, market keepers, waits, affeerors, and scavengers. Affeerors were appointed from among the tenants to ensure amercements (fines) were kept fair. Waits were watchmen, often required to sound the hour. The (often female) scavengers swept the market and maintained street gutters in the town, fighting against the piles of rubbish (also ashes, thatch, weeds, gravel, bark and stones) Hexham’s townspeople were presented for leaving.

Detail from NRO 672/A/3/87 giving the names of the Scavengers.
Detail from NRO 672/A/3/87 giving the names of the Scavengers.

 

Other roles can also be found:

Read moreIt’s our custom – day to day life in the manorial documents