X35 HAR 1845 LIS

Harden, Ferrand v. Milligan (Lister & Ingle): plaintiff’s plan No 2

Size: 18” * 25”              Material: paper

Scale: 3 chains to 1”       Condition: Good

This is the second Ferrand v Milligan plaintiff plan in the Local Studies Library reserve map collection. I was explaining the facts of the case to another Bradford historian recently, and I thought that this information might be of general interest.

Major William Busfeild Ferrand (1809–1889) was the Conservative MP for Knaresborough, and he lived at Harden Grange (now called St Ives). The case of Ferrand v Milligan was brought to consider the right of the public to use a road to Harden Grange and running through the property, which I assume is the one that this map identifies in orange. The principal defendant was variously named in the press as Mr Milligan or Robert Milligan: who was he? Evidently, he must have had at least a modest competence to undertake the expense of litigation, and the 1851 census suggests he was one Robert Milligan, aged 32 of Harden Mill, worsted spinner. There was also a Walter Milligan, aged 57 and born in Scotland, a worsted & alpaca manufacturer of 38 Myrtle Place, Bingley. Presumably the two men were son and father, certainly ‘Walter Milligan & Son’ are listed as the proprietors of Harden Mill in many sources until 1861.

An account of the situation that developed was first published on 18 May 1843 by The Bradford Observer and Halifax, Huddersfield, and Keighley Reporter under the title of ‘a village in uproar’. It described how a certain James Bower walked, with a terrier dog at his heels, along a road through Harden Grange Fold. There he was allegedly seized by Mr Ferrand and his servants, while the poor terrier was ‘worried to death’ by their dogs. Because of local indignation the whole episode was reported to Mr R Milligan, who was then Surveyor of the Highways, and he it was who insisted on the right of the public to use the road concerned. After this things got rapidly out of hand. Robert Milligan proceeded to break down the gate that led on to the road (and which I think you can see marked on this map), and to walk ostentatiously down it with a crowd looking on. Mr Ferrand, it was said, had hired men to guard what he evidently considered to be his own property: if needful his rights were to be protected ‘by force’.

An emergency meeting of the ratepayers of Harden was summoned, being held in Bingley churchyard. Mr Milligan’s conduct was cordially approved by the gathering. Mr Holden of Cullingworth (the future Sir Isaac Holden, but then merely the manager of Townend’s Worsted Mill) proposed a motion empowering Milligan ‘to take such steps in law as may be found necessary for defending the right of the public to use the said road’. The newspaper report I read was very partisan to the inhabitants of Harden, who were praised for resisting ‘oppressive encroachments’.

The inevitable civil case was heard at York Spring Assizes in March 1844, before Judge Coltman. It is clear from the reports that the action was for trespass against Milligan, and others, in order to establish whether the road through the grounds of Harden Grange was indeed a public highway or not. Mr Baines represented the defendants and examined no fewer than 31 witnesses! Mr Knowles for the plaintiff admitted that some local residents, and their carts, were accustomed to use the road, which ran through a considerable portion of the Harden Grange estate. What he disputed was that they had a ‘right’ so to do. He explained that the road had been created in Major Ferrand’s time (c.1797) when he was a tenant. It appeared the plaintiff was not actually the owner of Harden Grange but was ‘entail expectant upon his mother’s death’. He further stated his belief that Mr Milligan was animated in his actions by some private feeling. Finally, Mr Knowles demanded in excess of 40 shillings damages.

The unfortunate jury were then locked away from 7.00 pm until 4.00 am the following morning! With a fine display of judgment they found that there was indeed ‘no carriage road or public foot road’ in existence but rather than the £2 or more damages, the plaintiff (William Ferrand that is), was awarded only the derisory sum of one farthing. This was not quite the end of the matter. In another bizarre twist there was an associated criminal case, against Milligan and his servants, which saw him hauled up for ‘riot and assault’. The plaintiff and his barrister seem to have understood that Milligan honestly believed he had a right of way past Harden Grange. Mr Ferrand stated that he wished to live in ‘peace and goodwill with his neighbours’ and as a result offered no evidence against him: consequently the prosecution failed.

A point at issue was under what circumstances the road had been repaired in Major Ferrand’s day and whether repair was at his own expense, or that of the parish. There was also some doubt over whether the evidence given was really admissible: rather a complicated point for a non-lawyer like myself to follow. In any event no further action was allowed by the court. The outcome didn’t restrain the Bradford & Wakefield Observer who reported that ‘in this weather’ it was dangerous to cross the path of William Ferrand on the moors about Harden Grange.

If this account is accurate then this map dates from the years immediately before Benjamin Disraeli’s novel Sybil was published in 1845. I am indebted to my fellow library volunteer, Bob Duckett, who told me that Ferrand and Disraeli were in fact on very friendly terms and that Disraeli had stayed at the house that was to become St Ives. The plot of Sybil involves the increasing discrepancy between rich and poor in industrial towns. The phrase ‘two nations conservatism’ originates with this novel and is by no means dead now. Was Disraeli, I wonder, witness to any of the events I have mentioned?

For those of us interested in landscape topography, rather than property law, the map has other features of interest. There is a very detailed plan of modern St Ives undertaken a few years before the first Ordnance Survey map (1852), and also evidence of the presence of a stone quarry placed near to the house.