Definitive Map Orders: Consistency Guidelines
Annex 2 - Documentary Evidence Paper
by Christine Wilmore
Annex 2 Part 4
4 KEY SOURCES
4.1 MODERN PATHFINDER O.S. MAP
The modern 1:25,000 O.S. map yields a wealth of information about the possible origins of a route. As one example, if a road has a very irregular boundary, amongst fields with regular straight hedges, landscape historians will confirm that the roadside hedges are probably much older than surrounding regular hedges, suggesting the land was inclosed by agreement at some stage, leaving the old road through the area. Such a road is highly likely to be public. Had it merely been a private route, the need for it would have disappeared, or been altered by the enclosure process, when the location of people's land holdings changed, or at least it would have been absorbed into the surrounding land, and a new route laid out which permitted more fields to be shaped more usefully. Equally, an unenclosed track might suggest a footpath rather than a vehicular route.
All maps yield this sort of indirect evidence. An informed study of modern maps takes little time, although it requires a well experienced eye. Modern map clues on their own are never enough to form a conclusion, but they should provide hints as to possible factors to concentrate upon in the real sources. Was the area the product of a modern inclosure? Is the route a major or minor route? Is it likely to be a footpath because of the places it links? These at once suggest further avenues for investigation, and indicate likely dead ends.
4.2 OTHER ORDINANCE SURVEY MAPS
(i) Ordnance Survey first edition 6" Map
Apart from any historical evidence that this map might yield, it is also
often useful in helping to identify the track in question on earlier
maps, the scales and orientation of which sometimes make them difficult
to read. It reflects the topographical position not the legal status
of the routes.
(ii) The Ordnance Survey first edition 25" Map is often of particular
use.
This map includes more detail than its 6" counterpart ? for example,
areas of highway waste within a track are distinguished from the carriageway.
The fields and roads on the 25" first edition map are numbered and
keyed to a separate book of reference, which records the acreage and
description of each plot. This is most useful as tracks are described
as either 'public roads' or 'occupation roads'. There are no separate
books of reference to later editions of the 25" maps. The plot numbers
and acreage only appear on the maps.
4.3 INCLOSURE EVIDENCE
Inclosure evidence is both the most important source of documentary evidence and the most disputed. It will often provide conclusive evidence in relation to both the status and route of bridleways and BOATS – but that very significance leads to extensive debate over even what seem obscure points of interpretation. The precise weight to be placed upon an Award will depend upon the particular statute under which the Award is made (an award is useless without its parent statute). There are many read herrings surrounding the interpretation and use of inclosure. The skill is in remembering that once the uncertainties have been dispelled the award may well be conclusive. Further consideration is given to them later in the day.
4.4 TITHE AWARD AND MAP
Tithe awards were produced in the years between 1837 and the early 1850's in response to the Tithe Act 1836. These can provide very good topographical evidence, but do not necessarily provide evidence of status. Further consideration is given to them later in the day.
4.5 FINANCE ACT 1909?1910 MAPS AND "DOMESDAY BOOKS"
Tracks may be recorded on the maps and may be referred to in the 'domesday book' or Register of Properties. There may be a reference in the Register to an abatement or claim for abatement of tax in respect of a right of way. Further consideration is given to them later in the day.
4.6 QUARTER SESSIONS / MAGISTRATES COURTS/ ORDERS
If the search has revealed evidence of a public right of way existing
at some stage, has the way been diverted or stopped up? This could
only be done lawfully by Justices at Quarter Sessions (latterly the
Magistrates Court) – although now for some classes if route it
can also be done by County Councils. Other evidence may be found in
court records, including indictments for disrepair and obstruction.
Searching unindexed Quarter Sessions records is extremely time?consuming
unless limited to a certain span of years, with a low prospect of finding
any useful evidence. Where that work is done, however, the records
are conclusive evidence of what the court actually decided. In relation
to matters raised in passing the court records provide evidence, but
not conclusive evidence. For example, on an charge of X for obstruction
of a highway by placing a dung heap on it, the conviction is conclusive
evidence for our purposes that there was a public highway, that a dung
heap was place on it, by X, and that it amounted to an obstruction.
It would not be conclusive of whether the route was a vehicular or
bridle-way, although comments on this would be useful evidence.
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April 2003
