Brecqhou

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This is a map of the Bailiwick of Guernsey. Brecqhou is off the west coast of Sark.

Brecqhou (or Brechou; French pronunciation: ​[bʁɛku]) is one of the Channel Islands, less than the width of the larger island to the west of Sark. Brecqhou is politically part of both Sark and the Bailiwick of Guernsey. It has been established in the courts that Brecqhou is a tenement of Sark. The Ministry of Justice, the department of the United Kingdom government with responsibility for the Channel Islands,[1] considers Brecqhou part of Sark.[2]

Name[edit]

The name Brecqhou derives from the Old Norse brekka (slope or escarpment; cf. Bricquebec) and holmr (island or islet; see -hou).

Geography[edit]

A mere islet, Brecqhou has a surface area of just 74 acres (30 ha). The island is separated from Sark by an extremely narrow sound (Le Goulliot Passage) which, according to legend, has only once been traversed by boat in a high tide. In reality it is traversed frequently by yachts during each summer and by fishing boats year round and even forms a part of the route taken by occasional powerboating events in the islands.

Feudal relationship with Sark[edit]

In Sark, the word tenant is used, and often pronounced, as in French in the sense of feudal landholder rather than the common English meaning of lessee. The landholdings of Sark are held by 40 tenants representing the parcels of the 40 families who colonised Sark. As explained on the Sark government website: "There is no true freehold, all land being held on perpetual lease (fief) from the Seigneur, and the 40 properties (Tenements) into which the Island is divided (as well as a few other holdings in perpetual fief) can only pass by strict rules of inheritance or by sale."[3] The relevance of the Seigneurial privileges and duties that distinguish feudal from civil landowning has decreased such as most of the duties relate to agriculture and defence.

Since 1929, the island has been connected to the title of the tenement La Moinerie de Haut, one of the 40 tenements whose owner had to keep a gun for the defence of the fief and, until forfeit in 2008, had a seat in the Chief Pleas. Originally, La Moinerie de Haut, named after the medieval monastery whose site is close to it, was a parcel of land in north west Sark that was, at that time, owned by the Seigneur themself. When Sibyl Hathaway sold the island of Brecqhou to Angelo Clarke in 1929, she transferred that seat in the Chief Pleas to unrepresented Brecqhou.[4] This was scant loss for her, as she owned more than one tenement and every member of the Chief Pleas was entitled to only one vote.

Since 1993 the tenement of Brecqhou has been owned by the Barclay brothers, the co-owners of The Daily Telegraph newspaper and former co-owners of The Scotsman. The brothers bought the island for £2.3 million in September 1993.[5] Under the Reform (Sark) Law 1951, the tenant is David Barclay. Since then they have had intermittent legal disputes with the government of Sark and have expressed a desire to make Brecqhou politically independent. They drive cars on the island and have a helicopter which are banned under Sark law.

  • Customary and express written rule of Sark over Brecqhou may be evidenced in retention of all seigneurial rights per the sale instrument from the Dame (female Seigneur) of Sark, Hathaway, to Clarke in 1929.
  • According to the Barclays this retention is invalid as Brecqhou may not have been part of the fief of Sark. They cite facts such as letters patent establishing the fief do not mention the smaller island. While the Seigneur in long succession came to own Brecqhou (not before 1681), they cite practices and acts to suggest Brecqhou may not have been merged into the fief of Sark. Therefore the claim runs that the Seigneur could not legally hold the privileges valid elsewhere such as might survive sale, whatever its terms.

This conflict caused a lawsuit (1996–2000) and the founding of a Brecqhou relationship sub-committee of Sark's Chief Pleas (2006).[6]

Tenants[edit]

  • 1929–1932: Angelo Clarke
  • 1932–1944: Thomas Arthur Clarke (1871–1944; left the island 20 June 1940)
  • 1949–1966: John Thomson Donaldson
  • 1966–1987: Leonard Joseph Matchan
  • 1987–1992: Susan Groves (not recognised by Seigneur of Sark)
  • 1993– : Sir David Barclay

Flag and stamps[edit]

Flag of Brecqhou
Coat of arms of Brecqhou

The former tenant, Leonard Joseph Matchan, had devised a personal flag (identical to the Sark flag, with the exception that the Matchan coat of arms was emblazoned on the bottom right). Although frequently considered the island flag, this was only a personal flag, and is not in use any more.

Leonard Joseph Matchan had issued stamps in 1969. Matchan occupied Brecqhou until his death on 6 October 1987. The current tenants have issued postage stamps annually since 1999.

Public visits[edit]

In 2012, it was reported that the island is open to the public, by prior arrangement.[7]

References[edit]

  1. ^ "Background briefing on the Crown dependencies: Jersey, Guernsey and the Isle of Man" (PDF). Ministry of Justice. Retrieved 21 November 2017.
  2. ^ "Archived copy" (PDF). Archived from the original (PDF) on 2012-01-17. Retrieved 2011-02-01.CS1 maint: archived copy as title (link)
  3. ^ Sark government website
  4. ^ A. H. Ewen, A. R. de Carteret, The Fief of Sark, Guernsey Press, Guernsey, 1969, pp. 120/121
  5. ^ Andrew Pierce, Alexandra Frean and Marcus Binney. "Reclusive tycoons realise 30-year dream to buy Ritz.", The Times, 7 October 1995
  6. ^ Sark Chief Pleas agenda paper, issued and retrieved in the internet 2007 http://www.gov.sark.gg/agendas_minutes.html
  7. ^ Paul Steele (8 May 2012). "Brecqhou: A private Channel Island opens to the public". Huffington Post. Retrieved 11 April 2012.

External links[edit]

Coordinates: 49°26′N 02°23′W / 49.433°N 2.383°W / 49.433; -2.383