1736 Land Dispute (Complainants)
Tithes: Lowther v. Trafford
This case concerned the tythes of Bubwith and Aughton and the boundaries of certain detached parts of Aughton parish within Bubwith parish.
On 19th April 1736 a case was held in York between Mary Lowther and Humphrey Trafford, related to Spaldington tithes. The following transcriptions of the depositions on behalf of the complainants and defendants provide us with a brilliant insight into many of the people and families who lived in the area at this time.
(York Minster Archives and Manuscripts; {CY}/{ZC}/U/2/1a; Bubwith Rectory)
Depositions of witnesses taken at the House of Philemon Marsh in Petergate in the City of York on Monday the 19th day of April 1736 on the part and behalf of Mary Lowth[i]er, spinster, and others Complts [Complainants] against Humphrey Trafford, Esq., and others Defts [Defendants]. By virtue of his Majesty's Commission issuing out of his Majesty's Court of Exchequer at Westminster. To Thomas Place, Esq., Richard Warsop, Esq., John Tomlinson and Joh Mayer, Gentlemen, or any two or more of them directed forExamining of Witnesses in the said Cause as well on the part of the said Complts [Complainants] as on the part of the said Deft [Defendants] and taken before the said Thomas Place, Richard Warsop and John Mayer, three of the said Complts [Complainants].
John Wilson of the City of York, Linen Weaver,
aged forty years and upwards, sworn and examined on the
part of the Complt [Complainant] Deposeth as follows:
1st ... To the first Interrogatory saith that he knows two of the
Complainants, Frances and Eleanor Lowther, but does not know any other
of the Complts [Complainants] nor any of the Defts [Defendants].
8th ... To the eighth Interry [Interrogatory] saith that this Deponent hath seen
the Indorsement on the Deed now produced to him and saith that he
saw John Lambert, whose name is subscribed to the sd [said] Indorsement
sett his name thereto. And did likewise see possession delivered according
to the purport of the sd [said] Indorsement and did see Richard Lister, who
was then present, sett his Mark as a Witness to the same.
William Hutchinson of Thornton Land in the
County of York, Yeoman, aged forty years and upwards, sworn
and Examined on the part and behalf of the Complainants,
Deposeth as follows:
To the third Interry [Interrogatory] this Deponent saith that he hath
known the Town of Willitoft for these twenty years last past, four years
whereof he lived with one Widow Chapman in the said Town and hath
lived within ten miles of it all his lifetime. And saith that during the
four years he so lived with the said Chapman, she Farmed of the Deft [Defendant]
Trafford part of one Close called Further Holme in the sd [said] Township of
Willitoft, containing about 15 Acres, which said Close lies, as this the
Deponent believes, in the parish of Bubwith, Except one Land containing
about an acre lying on the Northside of that part so farmed by the
said Chapman, which lies, as this Deponent believes, in the parish of
Aughton, for that this Deponent, when servant to the said Chapman …
well remember that Barbara Lowther, then Lessee of the Dean and
Chapter of York, of a moiety of the Tythe belonging to the Rectory of
Bubwith and mother of the said Mary, Barbara, Frances and Eleanor
Lowther, Complts [Complainants], did every other year take and receive all the Tithes
thereof when plowed out as belonging to the said Rectory of Bubwith
except the Tithes of the acre before mentioned lying in the said parish of
Aughton. And this Deponent saith that he knows the Closes called Mar
Holmes and Middle Holmes and well remembers that when he was
servant to the said Chapman that the said Barbara Lowther, the
mother, did take all the Tithes arising from the sd [said] Closes alternately every
other year as belonging to the Rectory or parsonage of Bubwith. And
therefore he believes that both the said last mentioned Closes ly within
the Parish of Bubwith. And further saith that it was always reputed
by the neighbours that as well the said Close called Further Holme
except the Acre abovementioned as the said Closes called Mar Holmes
and Middle Holmes are all within the sd. [said] parish of Bubwith.
John Leedale of Wresle in the County of York,
Yeoman, Aged fifty Years and upwards, Sworn and
examined on the Complts [Complainants’] behalf deposeth as follows:
3rd ... To the third Interry [Interrogatory = Question] this Deponent saith that he
hath heard his Father say, who died about three years ago, that he
was concerned in collecting of the Tithes of the Holmes in Willitoft
every other year for the Complts [Complainants] or those under whom they claime. And
saith that he told him that all the Tithes of the Holmes except one Land
belonged to the Complts [Complainants] or those under whom they claime.
Arthur Houfe [House?] of Bubwith in the County of
York, Yeoman, aged thirty years and upwards, sworn
and examined on the Complts [Complainants’] behalf deposeth as follows:
8th ... To the eight Interry [Interrogatory] this Deponent saith that he
saw the paper writing now produced to him, beginning a survey of the
Tyth Corn and ending George Thorpe, signed by the sd. [said] George Thorpe who
set his name thereto in this Deponent's presence and saith that Edward
Lawton whos name is thereto likewise subscribed had a power from
the Complts [Complainants] to let the Tithes of Bubwith and Harlthorpe.
Jonathan Lawton formerly sworn and
examined on the part and behalf of the Defts [Defendants] and now
sworn and examined on the part of the Complainants
deposeth as follows:
To the tenth Interry [Interrogatory] this Deponent saith that for
nine years together ending four years ago he did farm and Occupy ...
eight Oxgangs of Land at Harlthorpe within the parish of Bubwith during
which time he paid no Tythes in kind for Hay, but only in one of the years one
penny for each of the said Oxgangs in Lieu of Tyth Hay, and for the rest of the
years had eightpence a year allowed for setting up the Tyth Corn in Stouks,
saith that in one of the nine years he farmed and Occupied a Close called
Lane Close in Spaldington, which Close was pasture Ground and containes
about eleven Acres, and stocked the same with six Oxen in order to be
made fat, but whether the said Close lies in the parish of Bubwith or
Aughton this Deponent doth not know; believes he gave three pounds a
year Rent for the said Close.
Nicholas Blanshard formerly sworn and
examined on the part and behalf of the Defts [Defendants] and now sworn
and examined on the part of the Complts [Complainants] Deposeth as follows:
10th ... To the tenth Interry [Interrogatory] this Deponent saith that in the
Years 1723 and 1724 he did farm five Closes called Racehill Closes
and one Close called the Ings lying and being in that part of Spaldington
within the parish of Aughton and did also farm during the said two
years two closes called West Corn Lands, one Close called Bowland
Howlands, two Closes called Wood Dales which said last-mentioned five
Closes are all lying and being in that part of the said Township of
Spaldington which is within the parish of Bubwith in the pleadings
mentd [mentioned]. And also did farm four Closes called Common Closes lying within
the said Township of Spaldington for the sd [said] two years one half or moiety
of all or each of the said Common Closes lye within the parish of Bubwith
and the other Moiety within the parish of Aughton. All which the said
Closes aforementioned consisted of Meadow Pasture and Arable for which
he paid Tyth Corn in kind and all other Tyths as his other Neighbours
did according to the custom here.
George Burrill of Harlethorpe in the County of
York Yeoman aged thirty years and upwards sworn and
examined on the Complts [Complainants’] behalf deposeth as follows:
To the sixth Interry [Interrogatory] this Deponent saith that in the
year 1732 he was hired to and lived as a Servant with Samuel Guy
of Gribthorpe since deced [deceased] and saith that the said Samuel Guy did in his
lifetime in the sd [said] year Occupy sevl [several] Lands lying within the Township of
Gribthorpe consisting of about One hundred Acres of Pasture Ground and
Sixty eight Acres of Meadow Ground and Sixty Acres of Arable Land or
thereabouts as this Deponent remembers and believes. But as to any Tyth
of Corn, Grain, Hay, Wool, Lamb and other Tyths arising from the said
Lands and Grounds being subtracted or unpaid to the Complainants
or their Agents this Deponent is a stranger thereto.
John Lawton of Goole in the County of York,
Yeoman, aged 45 years or thereabouts sworn and examined
on the part and behalf of the Complainants [Complainants] deposeth as follows:
11th ... To the Eleventh Interry [Interrogatory] this Deponent saith that he is
acquainted with the Grounds lying and being in Spaldington in the pleadings
mentioned, having lived within the Township allmost all his lifetime and
saith that the Deft. [Defendant] Trafford hath for six or seven years last past, as this
Deponent believes, occupied and kept in his own hands one Close called
Murder Close [Moordale Close?] containing about twelve Acres being pasture Ground and
one other Close adjoining to the Wormstall Wood being pasture Ground
containing about eight Acres which sd. [said] two Closes lye within the Township of
Spaldington afsd. [aforesaid] and are of the Yearly Value of two pounds and thirteen shillings
as this Deponent believes. And that the sd. [said] Trafford Stocked the sd. [said] Close
during all the sd. [said] years with Horse, Beasts and Sheep. And saith that he
doth not remember any Tithes being paid for the sd. [said] Closes or any
demand made of the same.
Robert Luck of Huggate in the County of York,
Clerk, aged 58 years, sworn and examined on the
Complts [Complainants’] part deposeth as follows:
1st ... To the first Interry [Interrogatory] this Depont [Deponent] saith that he knows
all the Complts [Complainants] save Barbary Lowther, and all the Defendants
except John Burton
2nd ... To the second Interry [Interrogatory] this Depont [Deponent] saith that he
knows the several Towns of Spaldington, Willitoft, Harlthorpe and
Gribthorpe in the pleadings mentioned and hath so known them for
twelve years last past or thereabouts.
To the third and fourth Interries [Interrogatories] this Depont [Deponent] saith
that he hath known the Townships of Harlthorp and Gribthorpe for
all the time in the preceding Deposition to the former Interryy mentd. [Interrogation mentioned] and
that they both lye entirely within the parish of Bubwith and that the
Townships of Spaldington and Willitoft lye part thereof in the parish
of Bubwith and part in the parish of Aughton. This Deponent is the
better enabled to set forth the same, there being a dispute about the year
1725 between the Complts [Complainants] Lowthers and the Deft[Defendant] Trafford concerning the
Boundaries of the sd. two pshes [said two parishes], the settling whereof was referred to
Nicholas Blanghard [Blanchard], Robert Clark, George Leadale and John Williamson,
which sd. [said] Clark and Leadale are since dead, who entered upon the
decision thereof and, in order to settle, the same the Deft. [Defendant] Trafford
produced an Old Survey of the Township of Spaldington wch [which] contained
the names of the Closes and the number of acres within the sd. [said] Township
which sd. [said] Survey, with the consent of the sd. Depont [said Deponent] took home with
him and kept it for about a fortnight and took a true copy thereof and ...
soon afterwards met the said Refferees, the Deft [Defendant] Trafford and Mrs Frances Lowther,
one of the Complts [Complainants], at the Deft [Defendant] Trafford's House in Spaldington where both the
Old Survey and the Copy were produced and both read over to the Refferees and,
upon reading of the name of ever[y] Close this Deponent put down a Letter to
denote them as follows: to wit 'B' to denote that they were in the parish of
Bubwith; 'A’ to denote they were within the parish of Aughton; 'C' to denote
that they were the Comons [Commons]; 'D' to denote they were Demesnes; and 'M' to denote
they were Medieties. And this Deponent says that the words Comons Medieties
and Demesnes were Terms made use of and agreed to by all parties
then present to denote such Grounds, part whereof lay within the parish of
Bubwith and the other part in the parish of Aughton, The Tyths of which
part of the sd [said] Grounds as lay within the sd. psh [said parish] of Bubwith wch [which] was a
moiety of all the Tiths arising within the sd. [said] Grounds was every or [other] Year
received by the Complts [Complainants]. And the other Moiety of such Tiths was in such
year received by the Defendant Trafford. And in the next year the whole
of the sd. [said] Tiths was received by him. And this Deponent, upon the reading
of the names of such Closes, did accordingly set down such Letters in
the Copy he had taken of the whole Survey in order to denote as afsd [aforesaid]. And
so far as this Depont [Deponent] did observe and believes, but says that the same
after they were so set down were not compared together and says that the
copy of the sd. [said] survey so by him taken as afsd. [aforesaid] and now by him produced at the
time of his Examination is the very same that was then taken and marked
by this (this) Deponent as afsd [aforesaid]. And saith that no alteration hath been made
therein by this Deponent nor any other that he knows of or believes, save
in the number of Acres, Roods and Perches in the sd. [said] Survey mentioned
which this Depont. [Deponent] did afterwards set down. And this Depont. [Deponent]says that
the method that was taken by the Refferees aforesd [aforesaid] in order to denote the
several closes as afsd [aforesaid] was thus the names of the sd. sevl. [said several] Closes, were first
read and upon the reading thereof the sd. [said] Refferees in the presence both of
the Complt. [Complainant] Frances Lowther and the Deft. [Defendant] Trafford did agreed that such
Marks ought to be set to such Closes in order to denote them as afsd [aforesaid] and
in some few instances, where the Closes were disputable how they ought
to be mark't, the Refferees argued and settled the same in the presence
of the sd. Complt [said Complainant] Frances Lowther and the Deft. [Defendant]Trafford and ordered
the Marks to be set as in the sd. [said] copy of the sd. [said] survey now produced
by this Depont. [Deponent] as afsd. [aforesaid] appear. And this Depont.[Deponent] says that after the sd. [said]
Survey was finished the sd. Deft. [said Defendant] Trafford took away the Old Survey And
this Deponent kept the Copy as afsd. [aforesaid] for about the space of two years
afterwards and then delivered the same to the Complts [Complainants], which hath
been in their Custody or power ever since until the opening of this
Commission, which was then delivered to this Deponent in order to
exhibit the same, which is in every respect the same as when he
delivered it to the Complts [Complainants] as this Depont. [Deponent] verily believes, the said
Copy being all of this Deponent’s own hand writing. And this Depont. [Deponent]
further says that at the time of the said Refferees’ meeting there being
four Closes which were part of the Farm of Widow Lonsdale in Spaldington ...
which could not be settled by the said Referrees in which of the sd. pshes [said parishes] the
same lay therefore a memdum [amendment?] was made and wrote by this Deponent at
the bottom of the sd. [said] Survey in the words following: ‘Be it remembered that the
seven West field Closes in Widow Lansdale Farme are not as yet settled but
it is agreed by Mr. Trafford that Mr. Lowther's are to have the Tyth of two of
the sd. [said] closes at their Choice out of four, the other three belonging to the parish
of Aughton as appears by the Old Book, page 15th. And about a Year after this
Deponent went with the sd. Deft. [said Defendant] Trafford and one Edward Lawton, Tyth gatherer
to the Complts [Complainants], into the four West field Closes and this Depont. [Deponent] made choice
of two of the sd. [said] Closes for the Complt [Complainant] and marked the same with the Letter B
in his appear Copy. And the Deft [Defendant] Trafford took the other two Closes. And
thereupon this Depont [Deponent] marked the same with the Letter A in his Copy
and, believes the Dept [Deponent], Trafford marked the same in his Old Survey, but this
Depont [Deponent] did not see him mark it. And this Depont [Deponent] saith that the Tyths of the
Sd. Sevl. [Said Several] Closes hath ever since been taken by both the sd. pties accord [said parties according] to the
sd. sevl. [said several] markes. And this Depont [Deponent] saith that he doth not remember that any
considble [considerable] dispute or Difference happened between the Refferees as to the pshes [parishes]
in wch the sd. [which the said] Grounds lay, saving only as to a Close called Horse Close being
five Acres and one rood then part of the farm of one Anthony Scott in
Spaldington aforesd. wch sd. [aforesaid, which said] Close at first seemed to be agreed by the Refferees
to be in the psh [parish] of Aughton and thereupon this Depont [Deponent] mark't the same with the
Letter A in his Copy of the Survey, but they resuming immediately the said
Dispute did then and there at last finally agree that the same lay within the
psh [parish] of Bubwith. And thereupon this Depont. [Deponent]altered the Letter A into the
Letter B as it now stands in the sd. [said] Copy and saith that he doth not know or
believe that any other alteration or erasure is made in the sd. [said] Copy of the sd. [said]
Survey. And saith that both the Complt [Complainant] Frances Lowther and the Deft. [Defendant] Trafford,
after the sd. [said] surveys was marked, seemed both well satisfied with the
determination of the sd. [said] Refferees saith that he has ever since been
concerned in inspecting and valueing the Tyth's in Spaldington for the
Complts [Complainants] and saith he is satisfied that the same hath been received agreeable
to the sd [said] Survey and determination, saving only as to such Lands in Spaldington
as were in Deft. [Defendant]Trafford's own Occupon. for wch. the sd. [Occupation for which the said] Trafford hath
neglected to pay the Tyths of, altho' this Depont. [Deponent] demanded the same in
behalf of the sd. Complts [said Complainants] but saith that the Deft [Defendant] Trafford owned that there
were some Tythes due from him to the Complts [Complainants] for Wool and Lamb wch [which]
this Depont [Deponent] desired him to come to an accot. [account] for with the Complt [Complainant] And
saith he hath heard that the sd. Deft. [said Defendant] Trafford hath not paid any Tithes
to the sd. Complts [said Complainants] ever since the year 1722 or come to any accot [account] with
them. And this Depont fwd. [Deponent forward (furthermore?)] saith that he doth not know that any of
the servants or Tenants of the Deft. [Defendant] Traffords within the Town of
Spaldington have refused to pay their Tythes accord [according] to the said
determination, saving only one Robert White who has now a Farm,
formerly Lazenby's, in Spaldington afsd [aforesaid] who formerly, about the year
1728, had a Close, part of the sd. [said] Farm, sown down with Corn about seven
Acres, who then refused to pay any more than half of the Tythes to the
Complt [Complainant] by reason that the same ought to have been marked as being ...
Common and also one who was tenant of the
House Close in Spaldington afsd [aforesaid] refused to pay any tithes to the complt [complainants]
as this Deponent hath heard
6th To the sixth interry [interrogatory] this Deponent saith that in the year
1723 this Deponent in behalf of the complts [complainants] sold to the Deft [Defendant] Vavasour
all the tithes of Willitoft which lay within the parish of Bubwith both
In his own possession and those of his tenants for the sum of 12l or thereabouts
And likewise sold the same again in the year 1725 for the sum of 14l in
which the tithes arising from the further (?) Holmes were computed and
comprised saving only some small part of the sd [said] close wch [which] lays within
the psh [parish] of Aughton all which tithes were accordingly paid for by the sd [said]
Deft [Defendant] Vavasour as this depont [deponent] believes
9th To the ninth interry [interrogatory] this Depont [deponent] saith that the paper
writing now produced to this deponent at the time of this his Examinon [Examination]
purporting to be a copy of an Indorsement of the Vicar of Bubwith was
by this depont [deponent] since the opening of this Commission examined with the
Doomsday Book of the Dean and Chapter of York now remaining with
the Public Register of the sd [said] Dean & Chap [chapter] which sd [said] book appears to be
a very antient one and saith that the sd [said] paper writing is a true Copy of
the sd [said] Doomsday Book so far as the same purports so to be.
Edward Lawton of Spaldington in the County
Of York yeoman Aged 51 years or thereabouts sworn &
examined on the complts [complainants] behalf deposeth as follows
1st To the first interry [interrogatory] this deponent saith that he knows
all the Complts [Complainants] in this Cause save Mary Lowther and knows all
the Defendants
2nd & 3rd To the second and third interry [interrogatory] this Depont [Deponent] saith
that he knows the psh [parish] of Bubwith and the Townships of Spaldington
Willitoft Harlthorpe and Gribthorpe and hath known them for 40
years last past and saith that the Townships of Spaldington and
Willitoft part of them lye in the parish of Bubwith and part in the
Parish of Aughton and that the Townships of Harlthorpe & Gribthorpe
lye wholly within the psh [parish] of Bubwith
4th To the fourth interry [interrogatory] this Depont [Deponent] saith that part of
the sd [said] Township of Spaldington lyes within the psh [parish] of Aughton
and hath heard and believe that some disputes happened between
the Complts [Complainants] Lowthers and the Deft [Defendant] Trafford concerning the bounds
of the parish of Bubwith and Aughton which were agreed to be
settled by four Refferees but this Depont [Deponent] was not present when they
made their determination but this Depont [Deponent] says that he hath heard…
and later that the sd [said] Refferees did make a determination and that
immediately thereupon a paper book now produced to this Deponent at
at the time of this his Examination was delivd [delivered] to this Depont [Deponent] by one M
Luck with the same marks as they now stand in the sd [said] book as this
Depont [Deponent] verily believes and this Depont [Deponent] saith that for sevl [several] years last past
This deponent did gather & collect & let the tythes of that part of Spaldington
which lyes within the sd [said] psh [parish] of Bubwith according to the sd [said] paper book
since the year 1727 to this time and had the sd [said] book in his custody during
the sd [said] time as often as he had occasion for the same and afterwds [afterwards] returned
the same either to the sd [said] M Luck or the complts [complainants] Lowthers and this depont [deponent]
further saith that in the year 1728 he observed that a close on the back
of the House containing about 7 acres lying in Spaldington afsd [aforesaid] formerly
part of the farm of one Lazenby & now in the occupon [occupation] of Robert White
was marked in the sd [said] book with the letter B and the sd [said] Close being
sown with corn in the sd [said] year 1728 he this depont [deponent] valued the tithes
of the whole Close and let the same to the sd [said] Robert White for eighteen
shillings saith that soon afterwards saith that soon afterwards
when this Deponent called upon the sd [said] White for the sd [said] eighteen shillings
the sd [said] White told this Deponent that the Deft [Defendant] Trafford insisted that the
sd [said] close was Common that therefore this Deponent was intitled to no
more than a moiety of the tithes of the sd [said] close and that he would pay
no more unless the Defendt [Defendant] Trafford gave his consent to the contrary
and therefore this Deponent only received nine shillings of the sd [said] White
and therefore nine shillings was paid to the sd [said] Deft [defendant] Trafford as this Depont [Deponent]
hath been informed by the sd [said] White and this Deponent saith that there
are three other Closes called Leathotures(?) and North Crofts lying in
Spaldington afsd [aforesaid] formerly in the possession of one John Palmer and
Thomas Clark and now in the Occupon [Occupancy] of John Gibson wch [which] sd [said] Closes
and marked B in the sd [said] Book of all wch [which] Closes this Depont [Deponent] took the
Tythes in kind wch [which] sd [said] North Croft was sown with Line and the other two
Closes with barley wch [which] this Deponent led home with wch [which] the sd [said] Deft [Defendant]
Trafford being acquainted he was angry with this Depont [Deponent] in so doing
whereupon this Depont [Deponent] told the sd [said] Deft [Defendant] Trafford that he believed he had
Collected them right because the sd [said] last mentd [mentioned] Closes were marked in
his sd [said] Book with the letter B upon which the sd [said] Deft [Defendant] Trafford said
that the sd [said] Book was marked wrong as to the sd [said] Closes and this Deft [Defendant]
saith there is anor [another] Close in Spaldington afsd [aforesaid] called the Horse Close
containing about four acres now in the possession of George Scott wch [which] sd [said]
Close is marked in the sd [said] Book with the letter B & saith that the sd [said]
Close was in the year 1732 sown with Oats the tithes whereof for
the sd [said] year this Depont [Deponent] valued and let to the sd [said] Scott for six shillings
wch [which] was accordingly paid by the sd [said] Scott to this Depont [Deponent] as Lessee under
the sd [said] Complts [Complainants] Lowthers wch [which] the sd [said] Deft [Defendant] Trafford being made acquainted
with sd [said] & does now insist that the sd [said] six shillings shod [should] be returned
to the sd [said] Scott to this Depont [Deponent] pretending that the sd [said] Horse Close is
marked wrong in the sd [said] Book & lyes within the parish of Aughton and this…
Deponent saith there is one other close in Spaldington afsd [aforesaid] called Brigland
Syke containing about five acres now in the possession of Samuel Willis and
formerly part of the farm of one Thorp wch [which] sd [said] Brigland Syke is marked
in the sd [said] book with the letter B the tithes whereof this Depont [Deponent] took or
let in the year 1732 and the Deft [Defendant] Trafford blamed this Depont [deponent] for so doing
alledging that the sd [said] Close is Common Land and this Depont [deponent] (fiver?) saith
that he hath looked upon an mendum [addendum] contained in the sd [said] book and
now produced and shewn unto him wch [which] is in the words following Be
it Remembered that the Seven westfield Closes in widow Lonsdale farm
are not as yet settled but tis agreed by Mr Trafford that Mrs Lowthers
are to have the tithe of two of the sd [said] Closes at their Choice out of four the
other three belonging to the parish of Aughton as appears by the Old Book
page 15 and saith that in the year 1720 to the best of this Deponents
Remembrance he this Depont [Deponent] did go with the sd [said] Mr Luck and the said
Deft [Defendant] Trafford into the sd [said] Westfield Closes and having viewed the same
the sd [said] Mr Luck made choice of two of the sd [said] Westfield Closes for the
Complts [Complainants] Lowthers and accordly [accordingly] marked the same in the sd [said] book with
the letter B and the sd [said] Deft [Defendant] Trafford took the other two Westfield Closes
and marked the same with the letter A as this Depont [deponent] verily believes
and that the tythes of the sd [said] Westfield Closes have been ever since
taken accordg [according] to the sd [said] sevl [several] marking with wch [which] the sd [said] Deft [Defendant] Trafford
was very well satisfied as he then expressed himself giving for a
reason that the sd [said] two Closes so allotted to him being sown with oats
the tithes whereof were ready money
5th To the fifth interry [interrogatory] this Depont [Deponent] saith that the Township
of Willitoft in this interry [interrogatory] mentd [mentioned] lyes part thereof in the psh [parish] of Aughton
and the other part thereof in the parish of Bubwith and saith that the
proprietors of the tithes of the psh [parish] of Bubwith do pay the Land tax and
other taxes for the tithes arising in the sd [said] Township of Willitoft and that
the Proprietors of the tithes of Aughton contributes nothing thereto as
this Depont [Deponent] believes
8th To the eighth interry [interrogatory] this Depont [deponent] saith that he saw
the Lease bearing date the 28th day of Febry [February] 1726 and made between
Mary Lowther Barbara Lowther and Frances Lowther and Eleanor
Lowther spinsters of the one part & John Brown of the other part &
now produced and shewn to him this Depont [Deponent] sealed and delivered by
the abovenamed Frances Lowther and Eleanor Lowther two of the sd [said]
parties whereupon this Depont [Deponent] did set his name as a witness to the
execution of the sd [said] Lease by the sd [said] Frances and Eleanor and saith
that the name Edward Lawton thereto sett as afsd [aforesaid] is of this Deponents
own handwriting
10th To the tenth interry [interrogatory] saith that he this Deponent has
for 40 years last past lived at Spaldington afsd [aforesaid] for 27 years past…
has farmed grounds both arable meadow and pasture in Spaldington afsd [aforesaid]
under Deft [Defendant] Trafford & likewise for four or five years Lands in Gribthorpe in
the pleadings named consisting of Pasture only part of wch [which] time his Rent
amounted to £22 p [per] annum and since that time to about 50l p [per] annum
11th To the Eleventh interry [interrogatory] this Depont [Deponent] saith that in the
Year 1722 & from thence to the year 1727 the Deft [Defendant] Trafford had in his
own hands in the Township of Spaldington afsd [aforesaid] three Closes of meadow called
the Garth Ends abot [about] ten acres another Close of meadow called New Close
about 18 acres another Close called Moardale or Marder Close being
Pasture about Pasture about 25 acres wch [which] be stocked with breeding mares
Oxen and young Horses and another Close called the Hivin(?) being Pasture
About 15 acres stocked as the afsd [aforesaid] Close Middle Moordale Close of Pasture
15 acres stocked as afsd [aforesaid] and a Close called Wormstall (?) Wood being Pasture
about 40 acres stocked as afsd [aforesaid] and a Close of Pasture Ground called
Houmoordale (?) Close abot [about] 13 acres stocked as afsd [aforesaid] Saith that the tythe
Herbage of the sd [said] pasture Ground being about 70 acres wod [would] be worth
abot [about] twenty four shillings but half of the sd [said] Ground except the Hivin (?) wch [which]
lyes all in Bubwith psh [parish] lying within the psh [parish] of Aughton this Depont [Deponent]
computes there is due to the Deft [Defendant] Trafford twelve shillings & to the Complts [Complainants]
a Moiety of the oth [other] twelve shillings for every year as afsd [aforesaid] in Case such tithe
for Herbage be due wch [which] this Depont [Deponent] doth not know there having because
such tithe within the sd [said] Township ever paid or demanded or any
thing paid in lieu thereof.
Jonas Thompson of the City of York Esquire
Aged 50 years and upwards sworn & examined on the
Complts [Complainants] behalf
8th To the eighth Interry [interrogatory] saith he this Deponent was
Present & did see William Garforth Merchant execute the two several
Indentures of Lease & Release now to this Depont [deponent] produced at the time of this his Examinon [examination] & to the execon [examiner?] whereof by the sd [said] M Garforth
he is the first subscribing witness wch [which] ?????? of lease bears date the
10th day of August in the year 1722 & is made or mentd [mentioned] to be made betwn [between]
him the sd [said] Willm [William] Garforth by the name of Willm [William] Garforth of the City of
York Merchant and Barbarah Lowther (then) of Wressle in the Coy [County]
of York widow of the one part and Mary Lowther Barbarah Lowther
Frances Lowther & Eleanor Lowther all of Wressle afsd [aforesaid] Spinsters daughters
of the sd [said] Barbarah Lowther of the oth [other] part & the said other Indenture
of Ref is bipartite leaving date the 11th day of Augt [August] in the same year
1722 and made or mentd [mentioned] to be made betwn [between] the sd [said] Willm [William] Garforth of the
first part the sd [said] Barbarah Lowther widow of the second part & the said
Mary Lowther Barbarah Lowther Frances Lowther & Eleanor Lowther
Spinsters of the third part and this Depont [Deponent] saith that the sd [said] William…
Garforth did seal and deliver the sd [said] two sead [sealed] Indres(?) as his Act & Deed in the
Presence of this Deponent and thereupon he this Depont [Deponent] did indorse his name
on the back of each of the sd [said] Indres(?) severally & respively [respectively?] as a witness of such
Sealing and Delivery and saith that the name Jonas Thompson severally set and
Indorsed upon each of the sd [said] Indres(?) now shewn to him as such witness is in each
of the sd [said] places of his this Deponts [Deponents] own handwriting saith also that he saw
the sd [said] William Garforth sign the receipt for £1000 likewise indorsed on the
sd [said] Indre(?) of Red and thereupon this deponent witnessed the sd [said] Receipt by
subscribing his name to the attestation thereof and saith that the name
Jonas Thompson so subscribed as the first witness to the sd [said] Receipt is likewise
Of the Deponents proper handwriting.
John Williamson of Newsome in the County of
York Yeoman aged 40 years and upwards sworn and
Examined on the behalf of the Complts [Complainants] deposeth as follows
1st To the first Interry [interrogatory] saith that he knows all the Complts [Complainants]
and Defts [Defendants] in this Cause and hath known them for sevl [several] years past
3rd & 4th To the third and fourth Intervues [interviews] this Deponent Saith
that he was one of the Referees & concerned in settling the dispute betwn [between]
between the Complts [Complainants] and the Deft [Defendant] Trafford in Relation in Relation to the
tithes of Spaldington at which time the Deft [Defendant] Trafford was then present
& seemed well satisfied with the Determinon [Determination] of the sd [said] Referees and this
Deponent saith that he for ten years togr [together] was servant to the Complts [Complainants]
Mother Barbarah Lowther and that during all that time he viewed
the tithes belonging to the Complts [Complainants] mother in Bubwith parish & either
Collected the same or leteur (?) for the sd [said] Mrs Lowthers use saith that during
that time he did amongst other Closes (the tythes whereof belonged to
the Complts [complainants] mother) view a Close in Spaldington called Raise hill
in Robert Ramseys possession and two Closes more there called the Lathams(?)
in the possession of John Palmer and other Close there called the Brigland
Syke in possession of Robert Thorp all which sd [said] four Closes were for all
the sd [said] ten years in tillage and this Deponent let the tithes thereof every
oth [other] year for the Complts [Complainants] Mother who reced [received] the Moy [Moiety] for the same
or the tithes themselves wch [which] was done which was done with the privilege
of the sd [said] Deft [Defendant] Trafford who never made any objection thereto for wch [which]
reason this Depont [Deponent] is very well satisfied that the sd [said] four Closes are
all within the psh [parish] of Bubwith altho this Depont [Deponent] hath heard lately
that the sd [said] Trafford hath denied that the sd [said] four Closes are within the
parish of Bubwith but for what reason this Depont [Deponent] doth not know
8th To the eighth Interry [interrogatory] saith that the Deeds of Lease &
Ref now produced and shewn to him at the time of this his Examinon [Examination]
bearing date respively [respectively] the 10th and 11th days of August 1722 the Lease
being made between William Garforth of the City of York Merchant and
the aforesaid Barbarah Lowther of Wressle in the County of York Widow…
of the one part and the afsd [aforesaid] Mary Lowther Barbarah Lowther Frances
Lowther and Eleanor Lowther all of Wressle afsd [aforesaid] Spinsters Daughters of
the sd [said] Barbarah Lowther of the other part and the Release being tripartite
And made betwn [between] the said William Garforth of the first part the said
Barbarah Lowther widow of the other part and the afsd [aforesaid] Mary Barbarah
Frances and Eleanor Lowthers of the third part were sealed and delivered
by the sd [said] Barbarah Lowther the widow in the presence of this Deponent
Who set his mark on the back of the sd [said] Indres(?) as a witness to the execution
thereof by the sd [said] Barbarah Lowther the widow as aforesaid.
Thomas Brown Gentleman formerly sworn on
The part of the Defts [Defendants] and now sworn and examined on the
part of the Complts [Complainants] deposeth as follows
7th & 12th To the seventh and twelfth Intervues [interviews] this Deponent
Saith that he hath heard the Deft [Defendant] Vavasour say he believed that there
was a peny [penny] an Oxgang payable for tithe Hay of the Uplands of the
several Townships of Harlthorpe Gribthorpe Spaldington and
Willitoft and other places within the parish of Bubwith and this
Deponent saith that upon looking over the Deeds and papers belonging
to and in the presence of the sd [said] Deft [Defendant] Vavasour he this Deponent
found the three paper writings marked A B C and now shewn to
this Deponent at the time of this his Examinon [Examination] and referred to by
this Depont [Deponent] in his Depon [Deposition] on the part of the Defts [Defendants] the first of which
papers marked A begins with these words Quarto Elizabethe Regine
fester Sancti Martini and in the same paper are these words and
figures of W. Tomlinson for the Tythe Hay of Bubwith 2s 6d of
Clark for the Tythe Hay of Bubwith 2s 6d of H Ibatson for
Tythe Hay of Bubwith 16d of H Ibatson for the Tythe Hay of Bryghton (?)
14d of H Ibatson for the Tythe Hay of Harlthorpe 14d of Robert
Howdall for Tythe Hay 3d of Skipwith for Tythe
Hay of Willitoft 12d of P Richardson for Tythe Hay of Gribthorpe
16d of H Ibatson for the Tythe Hay of Foggerthorpe 20d of
Skipwith for Tythe Hay of Willitoft 16d and in the other paper
marked B are these words The Tythe Hay of Bubwith 5s the Tythe
Hay of Bryton 5s the Tythe Hay of Harlthorpe 18d the Tythe Hay of
Foggerthorpe 20s the Tythe Hay of Willitoft 6d the Tythe Hay of Gribthorpe
15d and the Tythe Hay of Spaldington 6s.
W Carr
R Worsop
John Mayer