For many years the small village of Craster lay further inland than it does today. An online search found an article written by a family member called Mary Craster which reveals that in 1723 the village consisted of twelve houses and was close to Craster Tower, the home of the Craster family. The article records ââŠ. there was nothing by the sea apart from the little cove where the fishing boats were beachedâ.
Over the ensuing years, a new Craster village was established on the south side of the cove with the fishermen and their families living in cottages built and owned by the Craster family who were the âlords of the manorâ. At this time, there were no cottages on the north side of the cove as that land was owned by Lord Tankerville.
It was at this stage that things changed for the fishermen with âacknowledgements to the lord of the manorâ for use of the cove (now known as Craster Haven) having to be made to the Craster family. These âacknowledgementsâ consisted of a yearly cash fee for each boat that used the haven and for beaching the fishing boats above the high water mark, i.e. on land owned by the Craster family.
The cash fee that a fisherman had to pay was thirty two shillings (one pound sixty pence) if the boat was entirely his and if the boat was shared between two fishermen then the fee was shared, i.e. sixteen shillings (eighty pence) each. In addition, every year each fisherman had also had to give an âacknowledgementâ to the Craster family consisting of âsix haddock fish and one lobster.â
This was accepted for many years until four fishermen refused to make any further âacknowledgementsâ to the âlord of the manorâ, a Thomas Wood Craster.
These four men, John Archbold; Ralph Smailes; Thomas Smailes and William Simpson challenged this âarchaic feudal systemâ by not making any payment after Martinmas Day 1844 (i.e. 11th November 1844). Their main reason for doing so was that they now lived in cottages which had recently been built on the north side of the cove, i.e. on Lord Tankervilleâs land, and as such had no tie to Mr Craster and in their view were no longer bound to Mr Crasterâs acknowledgement system. Another of their reasons was that under common law and use by custom, anyone, not only fishermen, had the right to cross over Mr Crasterâs land to access the cove and thereafter the sea. This was disputed by Mr Craster who, as time went by, threatened the four fishermen with legal action and possible eviction from their cottages, (how could he evict them as they lived in cottages on Lord Tankervilleâs land?).
In John Archboldâs case, he received a letter dated the 17th January 1853 from Mr Crasterâs agent, a Mr Bolam, claiming ÂŁ5 â 12 shillings (ÂŁ5 â 60 pence) as arrears of ârent due for the liberty of landing boats at Craster Haven up to November 1852â. He received a second letter dated the 19th January 1853, this time in Mr Crasterâs own handwriting which was a notice ânot to trespass on Mr Crasterâs property in Craster Haven, advise such trespass would be deemed as wilfulâ. A third letter dated the 8th February 1853, this time from Mr Crasterâs solicitor, a Mr Fenwick, that âif the ÂŁ5 â 12 shillings was not paid & the trespass discontinued, proceedings would be commencedâ.
It would appear that what was to occur in the near future was a result of John Archbold ignoring the letters. The relationship between Archbold and Craster was obviously broken down and Craster confronted Archbold at the haven and told him that he was forbidden to use the cove to launch his boat and that a writ would be forthcoming. The writ was served on John Archbold soon after. It seems that Thomas Wood Craster wanted to make an example of John Archbold in order to subdue the other three fishermen.
Amongst the archives of Alnwick solicitors, Dickson Archer and Thorp are bundles of papers representing the evidence gathered for the forthcoming legal battle. Included in the bundles is a transcript of the court case which was held in 1854.
The case was heard in the Nisi Prius Court (a hearing of civil cases before a judge and jury), part of the Northumberland Summer Assizes on Monday, 31st July 1854 with Judge Baron Platt presiding over the court. Representing Mr Craster (the plaintiff) were Mr Watson, Q.C.; the Hon. Mr Liddell and Mr Unthank. The defendant, John Archbold, was represented by Mr Manisty.
Mr Unthank commenced the proceedings by describing Craster Haven and how, on the north side, a rill (a little stream) separated the âManor of Craster from that of Dunstan, of which Lord Tankerville is the Lord.â He went to say that that the majority of the fishermen lived in cottages built and owned by Mr Craster but that a number of cottages had been built on the north side of the haven, i.e. on Lord Tankervilleâs land and these were occupied by fishermen including John Archbold. He confirmed to the court that fishermen from the south side did indeed pay an annual fee and âacknowledgementsâ for using the haven and beaching their boats above the high water mark. He stated that when some fishermen moved their home to the north side, they continued to pay both the annual fee and âacknowledgementsâ but then a number of fishermen, including Archbold, refused to pay.
A number of witnesses were then called to support the plaintiff, Mr Craster. One of the witnesses was Mr Crasterâs agent, Mr Bolam, who produced account books that recorded all payments, including the annual boat landing fee and âacknowledgementsâ made by the fishermen to Mr Craster. Included in the list of names was the defendant, John Archbold, who had continued for a period of time to pay both the annual boat fee and âacknowledgementsâ after he moved to his cottage on Lord Tankervilleâs land. Amongst the other witnesses for the plaintiff was a fisherman called John Grey who stated that he had lived at Craster for fifty years and that he had witnessed the defendantâs boat lying above the high water mark on Mr Crasterâs land on numerous occasions after the defendant had refused to make further payments. William Smailes was called to give evidence and under oath he stated that he was a fisherman and that for a number of years he had lived at Dunstan (on Lord Tankervilleâs land) and that he had paid both the annual boat landing fee and âacknowledgementsâ Other witnesses for the plaintiff made similar statements adding that the only boats that did not make any payments to Mr Craster were the herring boats that âhad free licence to enter the bay as Mr Craster wished to encourage the curing establishment in the villageâ and also small boats bringing goods to Craster and taking cured fish away.
Mr Manisty, for the defendant, stood and addressed the court by first stating that the outcome of the case was not only important for his client but also important for the rights of fishermen all over the kingdom. He went on to say that his client had a right to enter the bay and land his boat between high and low water mark.
At this, Mr Unthank stood and stated that his client accepted this point but argued that the defendant had no right to bring his boat onto the bank above the high water mark without paying an acknowledgement to Mr Craster, the Lord of the Manor.
Mr Manisty replied that his client firstly âhad a prescriptive right to do so by usageâ and secondly âat common law, as a fisherman, he had a right of way for his boat on and over the bank on the shore above the high water mark.â He then stated that the fishermen living in cottages owned by Mr Craster paid a comparatively small rent for their homes and as they âenjoyed the privilege of laying their boats up on Mr Crasterâs land, should pay for their boats, but, it did not follow that the fishermen of other places, who did not want to lay up on Mr Crasterâs land, should be called upon to pay for drawing their boats ashoreâ. He then quoted the opinions of judges in similar cases in the kingdom âthat fishermen had a broad common law right to land their boats along the entire coast irrespective even of the Crown, and, if so, then the Crown could not confer rights on Lords of the Manor which it did itself not possess. He went on to argue several points under common law rights and rights of usage.
Defence witnesses were then called. William Cuthbertson, a fisherman of North Sunderland, stated that he had seen boats go ashore at the haven and that he himself had hauled his boat up above the high water mark. When cross examined, he admitted that he done so but only for safety due to stormy seas. George Stephenson, a fisherman from Boulmer, said that once he had hauled his boat ashore one night and took it away the next morning without having to pay anything to Mr Craster. Other defence witnesses related similar accounts, the last witness was Henry Swinburne from Newcastle upon Tyne who stated âof having been at Craster and taken his boat above the high water markâ.
In reply for the plaintiff, Mr Watson said that the testimony for the defence had no bearing on this case and in respect of the statement made by the last witness (Henry Swinburne) âit was preposterous that exemption could flow from such a trespass which had not been perceived. As to common law right, there might be a right to come to the high water mark but for the defendant to draw his boat beyond the high water mark onto the land of the plaintiff, was clearly a trespassâ. He ended by saying âthe defendant not having been called (to give evidence) as evidencing the conviction of his learned friend that he had a bad caseâ
At that, Mr Watson sat down and with no further response from the defence, the learned Judge began his summing up. He pointed out that the evidence, âboth documentary and oral, as establishing the case of the plaintiff, which in fact had not really been denied on the part of the defendant.â He went on to rule against Mr Manisty on the common law right but in doing so, he left it to the Counsel for the defence to move for a non-suit (failure to establish a valid case) if he thought that he could establish that his ruling was wrong.
The jury retired to discuss the evidence and on returning into the court they announced that they had found in favour of the plaintiff. Judge Baron Platt asked the jury if they had considered if the bank above the high water mark, where the trespass had occurred, to be part of the sea shore. He clarified his question by asking if the shore was between the low and high water marks of ordinary tides or did it reach to the high water mark of spring tides. The jury requested a second look at plans that had previously been submitted to the court and after some consultation, they expressed their opinion that the âspot in question was a part of the shore.â
The official verdict was then given to the court, it was in favour of the plaintiff, Mr Craster, and he was awarded 40 shillings (two pounds) in damages. They confirmed that the Counsel for the defence could move for a non-suit if was felt that Mr Archbold had a common law right.
Mr Manisty, on behalf of his client, did indeed file for a non-suit and the archives of Dickson Archer and Thorp show that a legal hearing was held on the 22nd January 1855 at the Court of Queenâs Bench, Westminster Hall, London. Presiding over the court were three senior Judges, Lord John Campbell (the Chief Justice of the Queenâs Bench); Mr Justice William Wightman and Mr Justice John Crompton. Mr Unthank once again represented the plaintiff, Mr Craster, and Mr Manisty again represented the defendant, John Archbold.
The proceedings commenced with Mr Unthank stating his reasons why the verdict in favour of his client should not be overruled and therefore negating the need for a re-trial. He was asked several questions by the Judges concerning common law rights and rights of use.
It was then the turn of Mr Manisty to give his reasons in favour of his client as to why there should be a re-trial. Like Mr Unthank, Mr Manisty was asked numerous questions by the Judges.
Finally, after several hours of questions and answers and legal arguments from both sides, the panel of Judges announced that they had reached a verdict. They found in favour of the defendant, John Archbold, but with a proviso that he had to pay costs.
A search of records, including newspapers of the day, failed to find any detail of a re-trial. This was no doubt down to the Queenâs Bench Judges stating that Archbold had to pay costs.
However, when searching through the Dickson Archer and Thorp archives, documents were found which shows that the dispute was resolved with a compromise agreement between Mr Craster and Lord Tankerville.
An indenture dated the 6th November 1855 was drawn up and accepted by both parties âthat all tenants being fishermen of the said Charles Lord Ossulston resident in the Township of Dunstan shall be at liberty to use the private land of Thom. Wood Craster situated between high water mark at ordinary tides and the present road leading from Craster to Dunstan.â The compromise also stated that it was âagreed that the said tenants resident on the lands of the said Charles Lord Ossulston being fishermen shall have the same right of user of the said land in the said Manor of Craster so situated as aforesaid as the fishermen residing in the Township of Craster now have in carrying their trade or employment as fishermen.â
As part of this compromise, the fishermen that were tenants of Lord Ossulston had to adhere to the rules and regulations of the use of the haven. Failure to do so would result in those involved losing their right to use the haven free of cost.
Finally, the indenture stipulated that the only cost to the fishermen from Dunstan (i.e. the north side of Craster Haven) would be ten shillings (fifty pence) per year if they used Mr Crasterâs capstan to haul their boat out of the water and above the high water mark.
We would like to extend our thanks to the volunteer who researched, transcribed and produced this blog post.
