Appointment of Appledore as being part of the Port of Bideford (1814)

Transcribed by David Carter 2022

[Spelling remains verbatim.
Implied letters in square brackets, paragraphs, and punctuation added by the transcriber.]

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Catalogue entry:

E 178 - Exchequer: King's Remembrancer: Special Commissions of Inquiry.

Date: 53 & 54 Geo. III. [1812 - 1814]
Appledore Appointment of the Creek to be a creek within the member-port of Bideford and assignment, with plan, of the limits.

[A detailed map of the Taw and Torridge, indicating the boundaries established here, is contained as part of this set of documents, but only the text of the commission has been reproduced here].

National Archives reference: E 178/6940  
http://discovery.nationalarchives.gov.uk/details/r/C5148136

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Transcribers notes:

Customs Offices were established under the Reign of Elizabeth I in 1565. The Port of Barnstaple (which included everything in the Rivers Taw and Torridge) came under the Ports of Exeter and Dartmouth.

Between 1604 and 1671 it is believed that Appledore housed the main Customs Office, and effectively became the head port of the estuary, under the arrangement of the Customs Farm established by James I. This continued until 1675 with the death of Peter Docton the Appledore Collector of Customs. After this, Barnstaple took control over the Port of Appledore and the main Customs Office moved to Barnstaple.

Bideford had the greater quantity of trade though, and this trade further increased when the river Taw became more silted up, preventing large ships from reaching the town of Barnstaple. There was often rivalry between the merchants of Bideford and Barnstaple.

Bideford eventually prevailed in 1813, and in this Commission it was agreed that the boundaries of the Port of Bideford should henceforth include the jurisdiction of Appledore.

In 1882, Bideford had its Port-status removed due to declining trade, but this was reinstated in 1928 following a local campaign.

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Transcript of Documents:

[26 March 1813]

George the third by the Grace of God of the United Kingdom of Great Britain and Ireland, King defender of the Faith.

To Thomas Burnard esquire, Mayor of the Town of Bideford in the county of Devon, Thomas Grant Collector of the Customs, and George Colmer comptroller of the customs at the said Town of Bideford, and Stephen Willcock, John Chanter and William Tardrew merchants of the same place.

Whereas in and by an Act of Parliament made in the fourteenth year of the reign of King Charles the second Intituled ‘An Act for Preventing Frauds and regulating Abuses in his Majesty's Customs’ [1662], it is amongst other things recited, that Whereas in and by an Act of Parliament made in the first Year of Queen Elizabeth [1558] of famous memory, directing when and where merchandize shall be landed and customs paid, it is amongst divers other things enacted and ordained that no goods, wares or merchandise shall be shipped or loaded aboard any ship or vessel, or landed or discharged out of, or from, any ship or vessel, but in or upon some such open place, key or wharf; places, keys or wharfs (except the Port of Hull) as her Highness, her heirs and successors should therefore assign and appoint by virtue of her Highness commission or commissions within the Port of London, and in all ports, creeks, havens or roads, as in and by the said Act, doth and may at large appear.

And whereas notwithstanding the aforesaid Act, there are some ports, creeks and places where Customers Collectors and Comptrollers and Searchers and their servants had then time out of mind been resident, to which no such Commissioners were sent, nor places, keys nor wharfs appointed as by the said Act was directed.

And whereas since that time by reason of the alteration of rivers, streams, channels, and sands, some places there appointed are become unfit and useless, and others much more convenient and commodious as well for Traffick and Commerce, as for landing and discharging, lading and shipping of goods, wares and merchandises.

And whereas by the said Act made in the fourteenth year of the reign of his said Majesty King Charles the second [1662], it is (amongst other things) enacted and ordained that we may from time to time by our Commission or Commissions out of our Court of Exchequer, assign and appoint all such further places, ports, members and creeks (except the Town of Hull) as shall be lawful for the landing and discharging, lading or shipping of any goods, wares or merchandizes within our Kingdom of England, Dominion of Wales, or Town of Berwick upon Tweed, and to what ancient and head ports respectively such places, members or creeks shall belong and appertain.

And where any such member, creek or place shall be so as aforesaid appointed by virtue of the said Commission or Commissions, the Customer Collector, Comptroller and Searcher of the head port, shall by themselves, or their sufficient deputy or deputies, servant or servants, reside and inhabit for the entering, clearing and passing shipping and discharging of ships goods, and merchandize.

And that by virtue of the aforesaid Commission or Commissions, may likewise set down and appoint the extents, bounds and limits of every port, haven or creek within our Kingdom of England, Dominion of Wales, and Town and Port of Berwick, whereby the extent, limits and privileges of every port, haven or creek may be ascertained and known, and that it shall not be lawful for any person or persons whatsoever to lade or put, or cause to be laden or put off, or from any Key, Wharf or other place on the land into any ship beyond the seas, or carried by land into our Realm of Scotland, or to take up, discharge or lay on land, or cause or procure to be taken up, discharged and laid on land out of any boat, lighter, ship, vessel or bottom (being not in leak or wreck) any goods, wares or merchandise whatsoever (fish taken by our subjects bestails and salt only excepted) to be brought from any of the parts beyond the seas, or by land from the Realm of Scotland, by way of merchandize, only upon such open place, key or wharf; places, keys or wharfs, as we shall from time to time assign and appoint by virtue of such Commission or commissions as aforesaid in our Port of London, and the members and liberties thereof in any other port, place, member or creek within our Kingdom of England, Dominion of Wales, and town and Port of Berwick, special sufferance and have first had from the Commissioners and Officers of Customs upon the penalty of the forfeiture of all such goods, wares and merchandize as by the said Act relation being thereunto had, it doth and may amongst other things there in contained, more fully and at large appear.

And whereas it has been represented by the Merchants and Principal Traders in and about our said Town of Bideford, a member of the Port of Exeter, that they may have heard and verily believe that the Creek of Appledore on the west side of the river Torridge, which now is, and for some considerable time has been under the direction of the Custom House at Barnstaple, did nevertheless formerly belong to the Port of Bideford, it being to this day expressed in the Commissions of all the officers of the Customs stationed there, that the said Creek is within the said Town of Bideford, at which Custom House the greatest part of them receive their salary, and requesting that the said creek may again be placed under the direction of the Custom House at Bideford, which being on the same side of the river, and within three miles of Appledore, would be of the greatest utility and advantage for trade, and a convenience to every individual concerned in shipping at both places.

And further stating that Barnstaple is situated on the other side of the river from Appledore, which at times is unsafe for any person to cross in a boat, and when landed on the opposite shore, Barnstaple is from thence more than double the distance is that Bideford is from the said place, and that there is no possibility of getting a horse across the said river, and that when the weather will not allow of crossing the river in a boat, there is no other way of going to Barnstaple but through Bideford, in which case Barnstaple Custom House is full four times the distance that it is to Bideford, that so much time is taking up in going to Barnstable Custom House to clear out ships from Appledore, the opportunity of sailing over the Bar at the proper time of the tide with a fair wind is lost, and thereby great delay, injury, loss and inconvenience is often sustained by the merchants and shipowners of Appledore and Bideford aforesaid, whereas a person could go to Bideford Custom House in a single hour.

And whereas the commissioners of our said customs have likewise represented to us that they have caused enquiry to be made into the premises, and are of opinion that it will be of great benefit to the Revenue, as well as to the merchants and traders of our said Port of Bideford, and therefore that it will be reasonable to grant the said request.

Know ye therefore that we being very confident of your fidelity, industry and provident circumspection and discretion, have assigned you to be our Commissioners, and to you the aforesaid Thomas Burnard Esquire, Thomas Grant, Thomas Colmer, Stephen Willcock, John Chanter and William Tardrew, we give full power and authority by these presents to repair to and to survey the said Creek of Appledore and to assign and appoint the same to be a Creek within our said member Port of Bideford and to set down, appoint and settle the extents, bounds and limits of the said Creek within the said member port, by sufficient meets, limits and bounds and to make return there off and utterly to make void and disannul any former settlement, extent, limits and bounds of the said Creek.

And also to search, find out and survey all the open places, keys and wharfs within the said Creek, and to assign and appoint all such open places, keys or wharfs to you shall seem most fit and convenient for our service, and most beneficial to trade and commerce to be open places, keys and wharfs for the landing or discharging, lading or shipping of any goods, wares or merchandizes within our said member Port of Bideford.

And therefore we command you that you, or any four or more of you (whereof the said Thomas Grant or the Collector of our Customs at the said member Port of Bideford for the time being to be one) in the sad town of Bideford according as you are by these presents thereunto distinctly and severally nominated, appointed and authorised, do diligently attend to do and execute the premises in a manner and form aforesaid, with effect so that when you, or any four or more of you, whereof the said Thomas Grant or the Collector of our Customs at the said member Port of Bideford for the time being to be one, have executed this our Commission and have assigned, appointed, settled, nominated, and set forth such Creek by sufficient bounds, meets and limits or other description as to you, or any four or more of you, whereof the said Thomas Grant or the Collector of our Customs at the said member Port of Bideford for the time being to be one, shall seem convenient and fitting for our own service and interest, that then you, or any four or more of you, whereof the said Thomas Grant or the Collector of our Customs at the Port of Bideford for the time being to be one, by whom this our Commission shall be executed, do certify your whole proceedings to the Barons of our Exchequer at Westminster as soon as may be under your hands and seals, or under the hands and seals of any four or more of you, by whom this our Commission shall be executed, whereof the said Thomas Grant or the Collector of our Customs at the said Port of Bideford for the time being to be one, with this our Commission and the Certificate, so by you to be made, touching the premises to the end, the same may be enrolled in the Office of our Remembrancer of our said Exchequer, and that right may thereupon be done according to the several Acts of Parliament in that behalf made and according to the law and Customs of our Realm.

Provided nevertheless the principal merchants and traders of our town of Bideford be at and bear the expense of suing and executing this Commission and that the Officers of our Customs, and all other our officers and servants shall have from time to time, free liberty to ship and lade, and to unship and unlaid, and lay on land as and upon such ground as shall be set out by virtue of these presents any goods, wares or merchandizes belonging to the Crown, free and without paying any wharfage or other charge whatsoever.

Witness Sir Archibald MacDonald knight, the twenty sixth day of March in the fifty third year of our Reign [1813].

By warrant of the Lords Commissioners of our Treasury, and by the Barons.

Steele.

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[14 May 1814]

We whose names are hereunto subscribed being the Commissioners in the Commission hereunto annexed, mentioned for the doing and executing the several matters and things in the said Commission contained, relating to assigning and appointing the Creek of Appledore to be within the Port of Bideford, a member of the Port of Exeter in pursuance of, and obedience unto, the said Commission, do hereby certify the Right Honourable the Barons of his Majesty's Court of Exchequer at Westminster.

That by virtue of the said Commission, we did on the twenty eighth day of April one thousand eight hundred and thirteen [1813], and at several days and times afterwards and before the return of the said Commission, personally repair unto the said Creek of Appledore in the said Commission mentioned, and did search, view and survey the said Creek of Appledore, and all the open places, keys and wharfs there and thereabouts.

And by virtue of the said Commission, we do hereby assign and appoint the said Creek of Appledore to be a Creek within the said member Port of Bideford.

And we do hereby set down, appoint and settle the extents, bounds and limits of the said Creek within the said member port to be as followeth (that is to say):

From that part of the sea coast which adjoins the bounds and limits of the said member Port of Bideford on Northam Burrows (called in the annexed plan or map the late divisions of the ports) in an eastern and southern direction by Northam Burrows, Greysand Hill, and Skirn, to the village of Appledore on the West side of the river Torridge including the whole of the said village with its appendages, and proceeding in a southern course to a large stone lying on the beach on the West side of the said river Torridge called Hubbastone, where it again adjoins the bounds and limits of the said member Port of Bideford.

And from Hubbastone aforesaid to a certain Mill House or Water Mill situated in Jewell’s Pill in the parish of Instow, on the east side of the said river Torridge, being the boundary of the said member Port of Bideford on the east side of the said river.

And from thence in a supposed direct line towards the middle of a certain Weir in the parish of Braunton called Ballamy’s Weir (such supposed line being in the direction north north west according to compass or thereabout) unto the north east end of the anchoring pool called Appledore Pool.

And from the said north east end of the said Pool, in a direct line towards Graysand Hill (such line bearing by compass about west).

And from thence in a winding direction about north west and by west along the middle of the channel commonly called the North Gut, into the Bay called Bideford Bay, including the Middle Ridge, and all on the west side of the said channel, together with all Bays, Channels, &c.

And by virtue of the said Commission, we do hereby utterly make void and disannul all former settlements, extents, limits and bounds of the aforesaid Creek of Appledore.

And by virtue of the said Commission, we have assigned and appointed the several open spaces, keys and wharfs hereafter mentioned, being the most fit and convenient for his Majesty’s service and most beneficial to trade and commerce, to be the lawful places, keys and wharfs respectively for the landing or discharging, lading or shipping of any goods, wares or merchandizes within the said Creek of Appledore, a member of the said Port of Bideford (that is to say):

The Western Key and Slip called or known by the name of Chappell's Key containing in length seventy two feet or thereabout, and in breath sixteen feet or thereabout.

The Middle Keys and open places in front of the said keys, from the opening at the bottom of a certain street called Gaping Street on the north, unto the higher part of Humphrey Parett’s House on the south, containing one hundred and twelve feet in length, and bounded by the river Torridge on the east.

The South Quay commonly called New Key or Benson’s Key with two slips, one at each end, containing three hundred and fifty four feet in length from north to south or thereabout, and in breadth thirty eight feet or thereabout.

Which said places so by us assigned and appointed are in our judgments and discretions most convenient and fit for the uses and services aforesaid.

And we do by these presents set down, appoint, and settle the extents, bounds, and limits of the said Creek of Appledore within the said member Port of Bideford, and the lawful places, keys, and wharfs within the same Creek to be as aforesaid.

And we do hereby and by virtue of the said Commission utterly make void and disannul any former settlements of the extents, meets, bounds, and limits of the said Creek of Appledore.

And we do hereby and by virtue of the said Commission, utterly prohibit, disannul, make void, determine, and debar all other places within the set Creek of Appledore from the privilege, right and benefit of a New Key or Wharf for the landing or discharging, lading or shipping of any goods, wares or merchandize as aforesaid, except as in the said Commission is excepted.

In witness whereof we have hereunto set our hands and seals in Bideford aforesaid the fourteenth day of May in the fifty fourth year of the Reign of our sovereign Lord George the third, by the Grace of God of the United Kingdom of Great Britain and Ireland, King defender of the Faith, and in the year of our Lord one thousand eight hundred and fourteen [1814].

Signed:
Thomas Burnard – Mayor of Bideford
Lord Pridham – Act[in]g Coll[ector]
George Colmer – Comptroller
Stephen Willcock – Merchant
John Chanter – Merchant
William Tardrew – Merchant

[A note in the left margin reads: “This return was quashed by order of the Court made the 26th day of November 1813.” Taylor.]

N.B. A duplicate copy of the above also exists with this set of documents, although that copy does not contain the exact details of the locations describing the boundaries of this surveyed area. This duplicate copy is in all other respects identical, except that it is dated 13 January 1814 (not 14 May 1814, as above). The copy is signed by Thomas Evans (Collector) instead of Lord Pridham (Acting Collector).

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Notes about Humphrey Price Parrett:
Baptised at Bideford – 18 Sep 1764, son of James & Elis Parrott
Married at Northam – 10 Apr 1789, to Sarah Winch spinster
Married at Northam – 06 Mar 1823, widower, to Mary Wills widow
Profession – 1830 – Blockmaker
Abode – 1833 – Bottom of Cox Street (now One-End Street)
Buried at Northam – 03 Sep 1835, aged 72, of Appledore
 

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