1736 Land Dispute (Defendants)
On the part of the Defendants
John Leedale formerly sworn and examined on the
Complts' (Complainants') part and now sworn and examined on the part of
the Defendants:
5th ... To the fifth Interry (Interrogatory) saith that he hath heard his late
Father say that a piece of Ground at Gribthorpe in the parish of Bubwith
in the pleadings mentioned was in lieu of Tyth Hay arising within the said
Township of Gribthorpe.
Jonathan Lawton of Newbuilding in the Parish
of Sutton in the County of York, Yeoman, aged 35 years, sworn
and examined on the Defendants’ behalf:
8th ... To the eighth Interry (Interrogatory) saith that this Deponent dwelt for
nine years together, ending four years ago, at Harlthrope in the parish
of Bubwith in the pleadings named. Saith that he never knew any Tyth
Hay paid in kind within the sd. (said) Township of Harlthrope. Saith he rented
a Farm at Harlthrope aforesd. (aforesaid) which consisted of (amongst other things)
eight Oxgangs of Land, arable, meadow and pasture, computing above
20 Acres to the Oxgang and in every one of the sd. (said) Nine Years this
Deponent had Hay growing and reaped on or about 20 days, mowing part
of the said Farm, and in one of the sd. (said) 9 years he, this Depont. (Deponent) paid to
one William Massey, then Farmer of the Tythes of the sd. (said) Township of
under Mrs Barbara Lowther, deced. (deceased) and one Luke Blanshard, the sum
of 8d. in money for and as a modus in Lieu of Tith Hay for the sd. (said) eight
Oxgangs at the rate of One penny per Oxgang. Saith that in the other 8
years of the said 9 years this Depont. (Deponent) had the sd. (said) 8d a year allowed him
by the farmers of the Tithes of the Township for the time being for setting
8d. per the Tyth of Corn growing upon his sd. (said) Farm in stooks. Saith that
he, this Depont. (Deponent) hath heard and beles (believes) that all the Owners of Lands in
the sd. (said) Township did from time to time according to antient Custom
there pay the like modus of a penny an Oxgang in lieu of Tyth Hay
there.
Nicholas Blanshard of Newsam in the
Parish of Wressell in the County of York, Yeoman, aged 72
Years, sworn and examined on the Defendants' behalf:
1st ... To the first Interry (Interrogatory) saith he knows all the Complts (Complainants)
and Defendts (Defendants) in this Cause and has known them for sevl. (several) years last
past. That he likewise knew Samuel Guy, deceased, late Father of the
Deft (Defendant), Nathaniel Guy, for near 30 years before his death, who died
above two years ago.
2nd ... To the second Interry (Interrogatory) saith that he knows the several
Townships of Spaldington, Willitoft, Harlthrope and Gribthrope in
the Interry (Interrogatory) named and hath known the same for all the time of his
remembrance, having been born at Gribthrope afsd. (aforesaid) and lived there
till he was 24 years old. Saith the Township of Harlthrope and Gribthrope
afsd. (aforesaid) do lie wholly within the parish of Bubwith in the County of
York and that part of the sd. (said) Townships of Spaldington and Willitoft
lye within the same parish of Bubwith and the other part of those
two Townships in the psh (parish) of Aughton in the same County.
3rd ... To the third Interry (Interrogatory) saith he knows the several Closes,
Lands and Tenements in Willitoft afsd. (aforesaid) in the Interry (Interrogatory) mentd. (mentioned), that is to
say two Closes called the Hills, two other Closes formerly in one Close
called New Closes, one other little Close called the Croft in the Occupon (Occupation) of
William Scott and the House which the said Scott dwells in and likewise
all other the Closes and Grounds in the same Interry (Interrogatory) specified. Saith
that as to the Moor Close and the two Highway Close therein named he,
this Depont. (Deponent) doth not certainly know wher. (whether) those three Closes lye within
the parish of Bubwith or within the parish Aughton afsd. (aforesaid), but as to all
the rest of the Closes and grounds in this Interry (Interrogatory) named, save one third
part of the great or furr. (further) Holmes, this Depont. (Deponent) saith they are all in the
sd. psh. (said parish) of Aughton and that there is one single Land of the sd. (said) third part
of the great or further Holmes in the same psh. (parish) of Aughton, namely that
Land wch (which) lyes on the South side of the other two parts thereof and that
all the remainder of the afsd. (aforesaid) third part of the further Holmes doth
lye within the Parish of Bubwith aforesaid.
4th ... To the fourth Interry (Interrogatory) saith that the sd. (said) Township of
Gribthorpe doth, to the best of his, this Depont's (Doponent's) knowd. (knowledge) and belief, consist
of thirty two Oxgangs and an half of Land and that he hath heard
and believes that the said Township of Willitoft consists of twelve
Oxgangs of Land.
5th ... To the fifth Interry (Interrogatory) saith that for all the time of
his, this Deponent's, Remembe. (Remembrance), he never knew any Tith Hay paid in
kind within either of the Townships of Gribthorpe or Willitoft afsd. (aforesaid)
but saith that there were three pieces of Ground containing about
three Acres within the sd. (said) Township of Gribthorpe which were set out
in lieu of the Hay in that Township Saith he hath heard his late
Father, George Blanshard (now deceased) say that the Farmers
of Gribthorpe Tithes received of Henry Maddison, then Occupier
of that Ground, 5s. a Year for the Rent of the said three pieces of Ground
so sett out in lieu of Tyth Hay there.
6th ... To the sixth Interry (Interrogatory) saith that he never knew or heard of any
Tithe in kind of any wool or Lamb arising in the sevl. (several) Townships of
Spaldington and Willitoft afsd. (aforesaid) paid or demanded but that there was for
all the time of this Depont's (Deponent's) remembrance a payment made in lieu
of Wool and Lamb in the said Township. That is to say, one penny
for every fleece of wool. And, as to Lamb, there was paid for every Lamb
under the number of five, a penny a Lamb. But if there were five [a
penny a Lamb, but if there were five ](This seems to have been repeated in error) Lambs, Tenpence. If six Lambs,
sixteen pence. If seven Lambs, seventeen pence. If eight Lambs, Eighteen
pence. If Nine Lambs, Nineteen pence and if ten Lambs, Twenty pence.
And so, from ten Lambs to fifteen Lambs exclusive, an additional rate
of one penny for every Lamb more than Ten and under fifteen, over and
above the said Twenty pence for ten. And where there were fifteen Lambs,
then there was paid for the Tithe thereof the sum of Two shillings and
sixpence or thirty pence and so, proportionably, for every greater number
than fifteen, a penny a Lamb more till the number twenty. And then ten
pence for those additional five and so on, to any greater number of
Lambs. All which this Deponent can the better depose for that he has
been by and present when Mr Johnson and Mr Taylor, who were severally
and successively the former Vicars of Bubwith afsd. (aforesaid), took money of the
Parishioners, Farmers and Occupiers of Lands in the said several
Townships of Spaldington and Wilitoft in lieu and full satisfaction
of and for the Tithes of Wool and Lamb respectively at the several and
respective Rates afsd. (aforesaid). Saith that the said Mr Johnson and Mr Taylor
severally told this Deponent that they had the said Tithes of Wool and
Lamb given to them severally and successively by Mr Trafford, the
owner thereof.
7th ... To the seventh Interry (Interrogatory) saith that he doth not know
of any Instance where any Farmers in the said Townships of Spaldington
and Willitoft, or in either of them occupy a House in one of the
parishes afsd. (aforesaid). And the Lands Occupied by such Farmers lye all in
the other of the sd. pshes (said parishes). But saith that there are sevl. (several) Farmers within
the sd. (said) two Townships whose Houses and part of the Lands by them
Occupied are within one of the sd. (said) parishes. And the other part of such
Lands are within the other parish. And that such Farmers usually
pay such modus money in lieu of Tithe in kind for Wool and Lambs
as aforesd. (aforesaid), arising on all the sd. (said) Lands, to the proprietors of the
Tithes of the parish in which sd. (said) Houses stand. And, in partlar (particular)
this Deponent saith that this Deponent's son rents a House in
that part of Spaldington which is in Aughton parish aforesaid,
and about 56 Acres of Land in the said parish of Aughton, and about
53 Acres of Land in the said parish of Bubwith and that his said ...
Son pays such money money [duplication] for the tythe of wool and Lambs as afsd [aforesaid]
arising from all the sd [said] Lands to the proprietors of the tithes of the
said parish of Aughton
9th To the ninth Interry [interrogatory] saith that in all the time
of his remembrance of the sd [said] Township of Gribthorpe he never
knew or heard of any Tithes of wool or Lamb there paid or demanded
in kind but always Money by way of Modus or in lieu of Tythe Wool
and Lamb was paid after the following Rates to wit for every fleece
of Wool one penny and as to Lambs the modus money or payment in
lieu of Tythe was two shillings for every Ten Lambs and one shilling
for every five Lambs fallen within the sd [said] Township pf Gribthorpe
12th To the twelfth Interry [interrogatory] saith that the Farmers and occupiers
of Lands within such parts of the sd [said] Townships of of Spaldington & Willitoft as
Are in the sd [said] psh [parish] of Bubwith did all along during this Deponts [Deponents] knowledge
of the said parish from time to time pay to the Vicars of the psh [parish] of Bubwith
afsd [aforesaid] for the time being the sum of twenty pence as a modus for a Tythe Calf
where such Farmer or occupier had ten Calves and the sum of ten pence
as the value of half a Calf out of every five Calves and only one penny
a Calf for every Calf under five or between five and ten and between ten
and fifteen Calves & as soon as he hath already deposed as to the Tithe
Lambs in the sd [said] sevl [several] Townships of Spaldington and Willitoft afsd [aforesaid] Saith
that the Occupious [occupiers?] of Messes in the sd [said] two Townships last mentd [mentioned] did all
along pay to such vicars of Bubwith respively [respectively] ninepence as a Modus
for Tithe Hens and Eggs and Eight pence for Tythe Hemp and that the
Occupyers of Cottages in the same Township paid only half as much
in the like cases that is to say Fourpence half penny for Hens and
Eggs and fourpence for Hemp and further that every one who used
a plough in Husbandry there paid to the sd [said] vicar of Bubwith a
penny for a modus for such his Husbandry and every one that had
a Garden in either of the sd [said] two Townships paid the said vicars the
like Rate of a penny each for the Tithe arising from such Gardens
respectively
18th To the eighteenth Interry [interrogatory] saith that about seven
years ago this Depont [Deponent] was sent for by the Deft [Defendant] Trafford to come
come to him to his Manor House called Spaldington Hall at
Spaldington aforesd [aforesaid] whether this Deponent accordingly going he
there found the sd [said] Mr Trafford Mr Luck a Clergyman Robert Clark
and George Leedale both {since deced [deceased]) John Williamson of newsom
and Mr Trafford’s Son and this Depont [Deponent] observed Mr Trafford Senior
and Mr Luck had each of them a small paper book a small paper
book [duplication] wherein (as he then apprehended and believes from hearing some…..
Part of such book then read was severally contained a survey or
account of the names of several Closes and Grounds in the Townships
of Spaldington and Willitoft afsd [aforesaid] in the several parishes of Aughton and
Bubwith aforesd [aforesaid] saith that this Deponent and the other three persons
then present namely the sd [said] Clark Leedale and Williamson were asked
by the said Mr Trafford and Mr Lock what Closes and Grounds named
in their said Books were in one of the said parishes and what in the
other which questions he this Deponent and the sd [said] other three persons
having answered the sd [said] Mr Trafford and Mr Luck marked the said
Books and that as he this Deponent believes agreeable to the
informations then given to them by this Deponent and the sd [said] other
Three persons as to which of the sd [said] two parishes the sd [said] Closes and
Grounds do severally and respectively lye.
William Massey of Harlthorpe in the County of
York Husbandman Aged 52 years sworn & examined
On the Defendants part
15th To the fifteenth Interry [interrogatory] saith that in the years 1723
1725 1727 1729 and 1730 one Peter Wilson one of the Defts [Defendants] in this
cause had corn growing in the Grounds within the Township of Harlthorpe
afsd [aforesaid] in the parish of Bubwith in this Interry [interrogatory] named and did from
time to time in the first four of those years duly pay his Tythes of
such Corn unto this Depont [Deponent] who then farmed the Tithes of Harlthorpe
afsd [aforesaid] under the new Complts [Complainants] Mrs Lowthers or their late Mother Barbara
Lowther decd [deceased] and in the last above mentd [mentioned] year to wit 1731 This
Deponent tythed the sd [said] Peter Wilson’s Corn in the sd [said] Township of
Harlthorpe & knows that the Tithe thereof was paid to the Complts [Complainants]
Mrs Lowthers.
Robert Luck Clerk formerly sworn and examined
On the Complts [Complainants] part and now again sworn & examined
for the Defendants
22nd To the twenty second Interry [interrogatory] saith that he this
Deponent hath now carefully looked upon the four several paper
writings shewn unto him during this his Examinon [Examination] purporting
to be acquittances or receipts to the Defendant Walter Vavasour
for so many Several payments by him made to the Complts [Complainants] Mrs
Lowthers for Tythe at Willitoft in the pleadings named & finds
that the acquittance dated in the words and figures following
the 12th 172 3/4 and the other acquittances dated April 19th 1726
are both of them signed by the Complt [Complainant] France Lowther with
whose handwriting this Deponent is well acquainted having often
seen her write and set her name and therefore saith that the…
name Florence Lowther severally set & subscribed to the sd [said] two last
mentd [mentioned] acquittances is the proper handwriting of her the sd [said] Frances
Lowther as this Depont [Deponent] & other verily believe further saith that the
next acquittance in point of time dated August the 8th 1729 and
the last of the sd [said] four acquittances dated March the 24th 1729 : 30
were as he this Deponent believes signed by Edward Lawton Tythe
Gatherer to the sd [said] Mrs Lowthers for that he had seen the sd [said] Edward
Lawton write his name and doth believe that the name Edward
Lawton severally set and subscribed to the said two last mentd [mentioned]
acquittances was and is of the proper handwriting of him the
sd [said] Edward Lawton.
John Maynard of Bubwith in the County
of York Husbandman and parish Clerk aged 60 years
being sworn and Examined deposeth as follows
1st To the first Interry [interrogatory] saith that he knows Frances
Lowther and Eleanor Lowther and John Brown three of the
Complts [Complainants] and hath so known them for sevl [several] years saith he knows
all the Defendants and hath so known them for many years
2nd To the second Interry [interrogatory] saith that he knows the
several Towns and Townshipps of Spaldington Willitoft
Harlthorpe and Gribthorpe in this Interry [interrogation] mentd [mentioned] and hath known
The same all the time of his memory saith that all the said
Townships of Harlthorpe and Gribthorpe lye in the parish of
Bubwith and that part of the said Townships of Spaldington
and Willitoft lye in the sd [said] parish of Bubwith and other part of
the same two Townships lye in the parish of Aughton
6th To the Sixth Interry [interrogatory] saith that he never knew or
heard of any Tithe in kind of any wool and Lamb or either of them
paid or demanded accruing within the sd [said] severl [several] Townships of
Spaldington Willitoft and Harlthorpe or any of them saith that
the antient custom of paying a modus or customary payment
from time to time in lieu of the Tythe of such Wool and Lamb in the
sd [said] three Townships has all this Deponents time been and still is
as follows that is a penny for every Sheep of fleece of Wool and
a penny for every Lamb where the number was or is under five
but where there are five Lambs together the Tythe was & is accounted
at have [half?] a Lamb for which Tenpence hath been and is paid in
money and for more than five Lambs the paymt [payment] always was &
is thus viz for Six Lambs Sixteen pence for Seven Lambs Seventeen
pence for eight Lambs eighteen pence for nine Lambs nineteen
pence and for ten Lambs Twenty pence as for a Whole of Lamb and…
so in the like proportion for any greater or other number of Lambs in the
said three Townships or any of them wch [which] sd [said] sevl [several] payments in lieu of Tythe
wool and Lamb have been from time to time during this Deponents
remembrance accepted accordly [accordingly] by the sevl [several] proprietors of such Tythes
there which this Deponent is the better enabled to set forth for that he
was for fifteen years together Tythe Gatherer within the sd [said] three several
Townships last mentd [mentioned] for and under Mrs Barbara Lowther widow
now decd [deceased] and after her Death the now Complts [Complainants] her four Daughters
collected such Moduses or money payments for Tithe Wool and Lamb
from the sevl [several] Farmers and Occupiers there for the use of the sd [said] Mrs
Lowthers respively [respectively] and in all such his Collections and Receipts for
their use did always observe and keep up the sd [said] method or modus
in full satisfaction of Tythe Wool and Lamb in those three Townships
7th To the Seventh Interry [interrogatory] saith that where the dwelling
House of any Occupier of Lands or Tenents [tenements] in either of the said
Townships of Spaldington & Willitoft stands in the parish of
Aughton in the pleadings named or in the other parish of Bubwith
therein also mentd [mentioned] and such Occupiers Land lyes in the other of
the sd [said] two pshes [parishes] he the sd [said] Occupier doth always accordg [according] to antient
Custom there pay his modus money at the several & respective
Rates before set forth to the proprietor of the Tythes of such of the sd [said]
two parishes as the said Occupiers house doth stand in and not
to the Owner of the Tythes of the parish where his land lye
10th To the tenth Interry [interrogatory] saith that Mrs Lowthers or
their Farmers or Lessees and the Defendt [Defendant] Humphrey Trafford or
his assignees have used to receive and take their respive [respective] Moieties
of the Tythes or Customary Dues for the Tythes of Wool and Lamb
which have happened in such parts of the sd [said] Townships of
Spaldington and Willitoft as lye in the parish of Bubwith each of
them one halfpenny every year
To the twelth Interry [interrogatory] saith that the Occupiers of
such parts of Lands and Tenements in the sd [said] Townshipps of
Spaldington and Willitoft as lye within the parish of Bubwith and
the Occupiers of Lands and Tenements in Harlthorpe have usually
paid to the now vicar of the sd [said] Parish and his Predecessors the dues
following to wit a moiety of the Customary payments as sett forth
in this Deponents Deposition to the Sixth Interry [interrogatory] saith that the
Occupiers of Lands and Tenements in the sd [said] Townshipp of
Gribthorpe have usually paid to the said vicar & his predecessors
the dues following to wit for Lambs under the number of five a
moiety of one penny for every Lamb and if five a moiety of one
shilling and if Six a moiety of Twenty pence if seven a moiety of
Twenty one pence if eight a moiety of Twenty two pence if nine a …
moiety of Twenty three pence and if Ten a moiety of Two shillings
and saith that the said Occupiers of such parts of lands and
Tenements in the said Townshipps of Spaldington and Willitoft and and [duplication]
lye within the said Parish of Bubwith and the Occupiers of Lands &
Tenements in the sd [said] Townshipps of Harlthorpe and Gribthorpe have
usually paid to the said vicars and his Predecessors to wit such as
Occupied a messuage of ninepence yearly for a Hen and Eggs and
One penny for a Plow called a Plow Penny and such as occupied
A Cottage paid seven pence halfpenny for a Hen and Eggs.
Edward Lawton before sworn and examined
on the Complainants part and now sworn and
examined for the Defendants
5th To the fifth Interrogatory saith that he never
knew Tythe Hay paid in kind within the Townshipps of Willytoft
and Gribthorpe in this Interry [interrogatory] named nor any money paid in
lieu thereof but saith that in the year 1727 this Deponent went
himself as Lessee under the Complts [Complainants] the Lowthers to demand of
James Cade the Tythe of his Clover Grass in Willitoft because as it
was a seed sown he apprehended there aught to be Tythe paid for
it as well as for Corn but the said Cade refused such payment &
told this Deponent they never paid any thing for Tythe Hay There
saith that he hath heard his Father in law John Blanshard an old man who
died about 20 years ago in his lifetime say that there were
some pieces of Ground in Gribthorpe which were sett apart in
lieu of Tythe Hay arising in that Townshipp saith that the said
John Blanshard did then Farm Lands in the said Townshipp
of Gribthorpe
6th To the Sixth Interry [interrogatory] saith that he never knew or
Heard of any Tythe in kind of or for any Wool or Lamb arising
within the sevl [several] Townshipps of Spaldington Willitoft & Harlthorpe
In this Interry [interrogatory] named or any of them being paid or demanded but
Saith that ever since this Deponent can remember there has been a
Custom in the sd [said] three Townshipps of paying the several moduses or
Customary payments following in lieu and full satisfaction for the
sd [said] Tythes to wit for every fleece of Wool a penny for one Lamb a penny
for two three or four Lambs a penny a piece for five Lambs ten pence
for Six Lambs Sixteen pence for Seven Lambs Seventeen pence for eight
Eighteen pence for nine nineteen pence and for ten Lambs Twenty
pence and so for every Lamb between ten and fifteen one penny a
piece more than the sd [said] twenty pence for fifteen Lambs thirty pence
and according to that method and proportion for any greater
number of Lambs and saith that such Customary payments have…
Been all along from time to time accepted and taken of and from the sevl [several]
Farmers and Occupiers of Lands in the said three several Townshipps by
The proprietors of the Tythes accruing within the same or their Lessees or
Tythe gatherer which he can the better depose to for that he wqs Lessee under
the Complts [Complainants] Mrs Lowthers did from the year 1727 to the time he surrendered
his Lease to the said Lessors which was in the year 1733 did from time
to time receive the respective moduses or customary payments afsd [aforesaid]
of the several Farmers and Occupiers of the several Townshipps of
Spaldington and Willitoft afsd [aforesaid] as to the Townshipp of Harlthorpe
afsd [aforesaid] he received such moduses or customary payments of the Farmers
and Occupiers there all the time afsd [aforesaid] as Tythe gatherer under the sd [said]
Mrs Lowther and for their use
9th To the Nineth Interry [interrogatory] saith that he never paid [error]
knew or heaqrd of any Tyth in kind of any wool arising within
the Townshipp of Gribthorpe in the pleadings named being paid or
demanded but saith that he hath heard and believed that the
Occupier of Lands within the said Townshipp have from time to
time paid in lieu of such Tithes in kind the following Moduses or
customary payments to wit a penny for every fleece of Wool for
one lamb a penny for two three or four Lambs a penny a piece for
five Lambs One Shilling for Six Lambs Twenty pence for Seven Lambs
twenty one pence for eight Lambs twenty two pence for nine Lambs
twenty three pence and for ten Lambs Two Shillings and for every
Lamb between twenty and twenty five a penny a piece more for twenty
five Lambs three shillings and so on in propon [proportion] for any greater number
and saith that such last mentd [mentioned] customary payments in lieu of such
Tithes in kind have all along been accepted and taken of and from the
several Farmers Occupiers of Lands within the sd [said] Townshipp by
the proprietors of the Tythes arising within the same or their Lessees
or Tythe gather as this Depont [Deponent] hath heard and believes
13th & 14th To the thirteenth and fourteenth Intervues [interviews] this
Deponent saith that in the years 1727 1729 and 1731 the Defts [Defendants]
Walter Vavasour and James Cade Occupied sevl [several] Lands and
Grounds in that part of the said Townshipp of Willytoft which
lyes in the parish of Bubwith and which were in those years
sown with Corn or Grain but the number of acres such Lands
so sown contained or of what value the Tythes arising therefrom
in each of the sd [said] years was this Deponent cannot set forth saith
that the Tythes thereof in all those years were either paid in kind
or orwise [otherwise] compounded for and satisfied by the sd [said] Defendants
Vavasour and Cade or their servants or agents to or with the Complts [Complainants]
Mrs Lowthers their Farmers or Tythe gatherers
17th To the Seventh [seventeeth?] Interry [interrogatory] saith that from the year
1727 to the year 1732 both inclusive he this Deponent did either as
Lessee or Tythe gatherer to the Complts [Complainants] Mrs Lowthers receive of the Defts [Defendants]
Walter Vavasour James Cade and Peter Willson a moiety of the
Customary payments as in his Deposition to the Sixth Interry [interrogatory] set forth
In lieu and full satisfaction of and for the Tythes of their Wool and Lamb
which during that time accrued from or upon the Lands and Tenements
by them Occupied within the sd [said] parish of Bubwith or the Titheable
places thereof
20th To the twentieth Interry [interrogatory] saith that in the years
wherein the Defendant Trafford according to antient usage had
the whole Tithes of Corn and Frain growing within the Townshipp
of Spaldington aforesd [aforesaid] he the sd [said] Mr Trafford paid or allowed all the
Land Tax and other parliamentary and parochial Dues which
were in such years laid or assessed on the Tythes happening
within the sd [said] Townshipp of Spaldington
21st To the twenty first Interry [interrogatory] saith that the Tythes
And Customary dues yearly happening within that part of the
Townshipp of Willytoft which lyes in the parish of Aughton are
Of greater value than one moiety of the Customary Dues for the
Tithes of Hay Wool and Lamb arising within that part of the
Townshipp Spaldington which lyes in the parish of Bubwith.
Francis Skelton of North Duffield in the County
of York yeoman aged 80 years and upwards sworn examined
on the Defendants behalf deposeth as follows
8th To the eighth Interry [interrogatory] this Deponent saith that he never in
All his lifetime knew or heard of any Tythe Hay in kind paid or demanded
arising within the Townshipp of Harlthorpe in the parish of Bubwith
but the constant Rate or method of compounding for the Tythe Hay
was for all the time of his remembrance wch [which] has been from his youth the
yearly sum of one penny for every Oxgang of Land in the sd [said] Townshipp
saith that for about twenty years this Deponent was Farmer of the
Tythes of the sd [said] Townshipp of Harlthorpe and in those years he received
From the Farmers and Occupiers of Lands there from time to time the
said yearly Rate or customary payments of one penny for every
Oxgang of Land there in lieu and full satisfaction of and for the Tythe
Hay arising upon such Farms and Lands saith also that about 14
years ago he Farmed Lands in the said Townshipp of Harlthorpe
and that after he had given over the taking of Tythes as Farmer
thereof he did himself pay the said Rate of One penny for every Oxgang
of Land which he so farmed at Harlthorpe as the said customary
payment for and in lieu of Tythe Hay to one William Massey who then
farmed the Tythes there and continued such payment for Tythe Hay so
long as he kept on his farm at Harlthorpe.
Thomas Clark of Howden in the County of York
yeoman aged 72 or thereabouts sworn & examined
on the Defts [Defendants] behalf Deposeth as follows
1st To the first Interry [Interrogatory] saith that he knows Mrs Frances
Lowther Eleanor Lowther and John Brown three of the Complts [Complainants] in this
cause and also knows all the Defendts [Defendants] and hath so known them for
several years
2nd To the second Interry [Interrogatory] this Deponent saith that he
knows the several Towns and Townshipps of Spaldington Willytoft
Harlthorpe and Gribthorpe and hath known them all his lifetime
Saith that part of the Townshipps of Spaldington and Willytoft lye
in the parish of Bubwith and part in the parish of Aughton and that
the whole Townshipps of Harlthorpe and Gribthorpe lye intirely in
the parish of Bubwith as this Deponent hath heard and believes
3rd To the third Interry [Interrogatory] this Deponent saith that
he knows the sevl [several] Lands and Tenements in Willytoft afsd [aforesaid] in this
Interry [Interrogatory] mentd [mentioned] that is to say the two Closes called the Hills two other
Closes formerly in one called the new Closes one little Close called the
Croft now or late in the Occupon [Occupancy] of William Scott the House wherein
the said William Scott now or lately dwelt two other Closes called Selby
Closes two Closes called Kemp Closes but formerly Millhill Closes
one other Close called Moorclose two other Closes called Highway
Closes called the Moorlands now divided into four with the House
And Croft thereunto belonging now or lately farmed by John Stainton
One other Close called great Birks now or late in the Occupation of
Henry Scholey one other Close called Ingholmes in the Occupation of
Michael Atkinson and the greater further Holmes in the pleadings
mentioned saith that the sd [said] Closes called Highway Closes and part
of the said Greater or Lesser Holmes lye within the parish of Bubwith
and that all the rest of the sd [said] Tenements Lands and Closes lye within
the parish of Aughton
5th To the fifth Interry [Interrogatory] this Deponent saith that
he never heard or knew of any Tithe Hay in kind in the Townshipp
of Willytoft and Gribthorpe or either of them being…
demanded Saith that he hath heard and believes that for time out of
mind the yearly Modus or Customary payments of one penny an Oxgang
hath been paid by the sevl [several] Farmers within the Townshipp of Willitoft to
the respective Occupiers proprietors for the time being of the Tythes
arising within thr said Townshipp or their Farmers of Lessees in
lieu and full satisfaction of all Tythe Hay in kind arising within the
sd [said] Townshipp
6th To the Sixth Interry [Interrogatory] saith that he never knew or heard
of any Tythe of wool or Lamb arising within the sd [said] several Townshipps
of Spaldington and Willytoft being ever paid in kind or demanded
but saith that during all the time of this Deponents remembrance
it hath been customary for the farmers & Occupiers of Lands within
the sd [said] Townshipps to pay in lieu of such Tythes the following moduses
or Customary payments to wit one penny for every fleece of wool a
penny a piece for every Lamb under the number of five and if five
ten pence if six sixteen pence if seven seventeen pence for eight eighteen
pence for nine nineteen pence and for ten Twenty pence and for any
number between ten and fifteen a penny a piece more than the said
twenty pence and if fifteen pence and so on in proportion for any
greater number
10th To the tenth Interry [Interrogatory] Saith that about twenty
years ago this Deponent was a farmer of Lands in Spaldington
and at that time and for several years before the Complts [Complainants] or those
under whom they Claim and the said Deft [Defendant] Trafford or his assigns
used to receive and take their respective moieties of the said
customary dues for the Tythe of Wool and Lamb arising within
such part of the sd [said] several Townshipps of Spaldington & Willytoft
as lay within the parish of Bubwith each of them their respective
moiety every year
12th To the twelfth Interry [Intterrogatory] saith that the now Vicar
of Bubwith aforesd [aforesaid] and his predecessors in right of the said
vicarage of Bubwith have all the time of this Deponents remember [remembrance]
usually had and received yearly of the Occupiers of Lands and
Tenements of such parts of the sd [said] Townshipps of Spaldington
and Willytoft as lye within the parish of Bubwith Tythes in
kind of Pigs and Geese or a composition for the same and moduses
or customary payments for Calves Hens and Eggs and also
for Hemp.
20th To the twentieth Interry [Interrogatory] saith that he hath heard
and believes that the Land Tax and other Parliamentary and Parochial
Taxes laid or assessed upon the Tythes arising within the Townshipp
of Spaldington in the years in which the Deft [Defendant] Trafford hath accordg [according] to
antient usage the whole of the Tythes of Corne and Grain growing within
the sd [said] Townshipp hath been paid by the said Deft [Defendant] Trafford.
Thomas Lawton of Bielby in the County of
York yeoman aged 40 years being sworn & examined
on the Defts [Defendants] behalf deposeth as follows
7th To the Seventh Interry [Interrogatory] saith that the Custom and
Usage during the time of this Deponts [Deponents] remembrance for payment
of the Tythe of Wool and Lambs within the Townshipp of Spaldington
in this Interry [Interrogatory] mentd [mentioned] hath been as followeth to wit One penny for
every fleece of wool yearly for such Sheep as the Occupiers of Lands
there had of their own and one half penny a piece for such Sheep as
they Agisted And for every Lamb under the number of five a penny
a piece and for five Lambs ten pence and for Six Lambs Sixteen pence
for Seven Seventeen pence for Eight Eighteen pence for Nine Nineteen
pence for ten Twenty pence and from ten to fifteen Lambs one penny
a piece more than the said twenty pence and for fifteen Lambs
thirty pence and so on in propor [proportion] for any greater number Saith
that he has heard and believes that the like Customary paymts [payments]
have been made for the Tythe of wool and Lamb arising within
the Townshipp of Willytoft in this Interry [Interrogatory] also mentioned
10th To the tenth Interry [Interrogatory] Saith that the Complts [Complainants]
Mrs Lowthers or their Farmers or Lessees and the Deft [Defendant] Humphrey
Trafford or his Assigns have used to receive or take yearly
and every year each of them their respective moieties of the Tythes
or Customary dues for the Tythes of Wool and Lamb which have
happened in such parts of the said Townshipps of Spaldington
and Willytoft as lye within the parish of Bubwith
12th To the twelfth Interry [Interrogatory] Saith that the Vicars of
the parish Church of Bubwith for the time being in right of the
said Vicarage have used to take and receive of the Occupiers of
such parts of the Lands and Tenements of the sd [said] Townshipps as
lye within the said parish of Bubwith the several Tythes or dues
following that is to say three half pence a piece for a Milch Cow a…
penny a piece for a Stript Milked Cow one penny a piece for Calves
to the number of five and if five Calves then ten pence for Six Calves
Sixteen pence Seven Seventeen pence Eight Eighteen pence nine
nineteen pence and for ten Twenty pence for the first four above ten a
penny a piece more for fifteen Calves thirty pence and so on in Case
of a greater number in the proportion afsd [aforesaid] Also the oth [other] dues
following to wit the Garth penny the Plough Penny the Reek penny
a penny for every foal Eight pence for Hen and Eggs and they
sometimes took Tythes of Geese and Pigs in kind and at other
times a Composition in Money in lieu of such Tythe in kind
20th To the twentieth Interry [Interrogatory] Saith that the Deft [Defendant] Mr
Trafford in those years wherein he according to antient Usage had
the whole of the Tythes of Corn and Grain arising within the sd [said]
Townshipp of Spaldington paid the Land tax and oth [other] Parliamentary
and parochial Taxes laid or assessed upon Such Tythes.
Thomas Brown of Howden in the County
of York Gentleman aged 50 years and upwards as Sworn
and examined on the Defts [Defendants] behalf deposeth as follows
11th To the Eleventh Interry [Interrogatory] this Deponent Saith that
the Deed or paper writing now shewn to this Deponent at the time
of his Examinon [Examination] bearing date the 10th day of August in the Ninth
year of the Reign of King James over England and the fortieth
over Scotland purporting to be an Indre (?) made Between Henry
Aikroid of Folkerthorp [Foggathorpe] in the County of York Gentleman of the
one part and John Vavasour of Spaldington in the said County
Esq [Esquire] of the oth [other] part is true and genuing (genuine?) and of such antient
writing date or time as the same purports to be as this Deponent
verily believes Saith that the same Deed was delivered to this
Deponent at Howden afsd [aforesaid] by a Special messenger Sent for that
purpose from the Defendt [Defendant] Trafford Saith that the three Sevl [Several]
paper writings marked A. B. C. now also Shewn to this
Deponent at the time of this his Examinon [Examination] are true & genuing
and of such antient writing date or time as the same purported to
be as this Depont [Deponent] also believes Saith that the oth [other] paper writing now
also shewn to this Deponent at the time of this his Examinon [Examination]
purporting to be a Copy of the last will of George Vavasour of
Spaldington in the County of York Gentleman is true and
Genuing and of such antient writing date or time as the same property…
to be as this Deponent also believes Saith that upon looking over
the Deeds and writings of the Defendant Vavasour at Willytoft
in the pleadings mentioned (he the said Mr Vavasour being then
present) this Deponent found the four several paper writings
above Set forth.
Edward Bouvret of Bubwith in the County of
York yeoman aged fifty years and upwards Sworn
and examined on the Defendants behalf
2nd & 5th To the Second and fifth Interrogatories saith he
hath known the two Townshipps of Willytoft and Gribthorpe in the
Interrogatory named for these forty years past and never knew
Any Tythes of Hay paid or demanded in kind within the sd [said] Townshipp
or either of them Saith that he lived for Sixteen or Eighteen years with
his uncle one William Skelton deced [deceased] who dwelt at Bubwith
and during that time purchased of one Mr Robinson all the Tythes of
the Townshipps of Gribthorpe Foggerthorpe and Harlthorpe and
whilst his said Uncle was Owner of those Tythes he took the Tythes
of Corn in kind every other year but nothing for Hay but this
Deponent has heard him say that there was a Custom of paying
a penny an Oxgang in lieu of Tythe Hay within the sd [said] Township
of Gribthorpe and that he the said William Skelton gave the
Farmers there that penny an Oxgang for the setting up of their
Tythe Corn within that Township and this Deponent hath
likewise heard Gribthorpe people that there was a like Custom
of a penny an Oxgang in lieu of Tithe Hay in the sd [said] Townshipp
of Willytoft
6th To the Sixth Interry [Interrogatory] Saith that he never
knew or heard of Tythe in kind of any wool or Lamb arising
within the Townshipp of Spaldington Willytoft and Harlthorpe
or within any of them being paid or demanded but Saith that
the Farmers & Occupiers of Lands within the sd [said] Townshipp
have all along paid to the proprietors of the Tythes of the sd [said]
Townshipp for the time being their Farmers or Tythe Gatherers
the modusses or customary payments following in lieu of
Tythe in kind of wool and Lamb arising within the said
Townshipp to wit a penny for every fleece of Wool and a
Penny for every Lamb under the number of five and for….
five Lambs ten pence for Six Sixteen pence for Seven Seventeen
pence for Eight Eighteen pence for nine nineteen pence and for
ten Twenty pence and for every Lamb between ten and fifteen
a Penny a Lamb nore and for fifteen Lambs thirty pence and
so on in proportion for any greater number of Lambs
9th To the ninth Interry [Interrogatory] Saith that it hath during
the time of this Deponents remembrance been Customary
for the Farmers or Occupiers of Lands in Gribthorpe to pay a
penny a fleece in lieu of Tyth Wool and a shilling for every five
Lambs and two Shillings for every ten Lambs in lieu of Tithe
Lambs but for any number under five or between five and ten
this Depont [Deponent] cannot Set forth what was paid for the same.
James Blanshard of Spaldington in the
County of York yeoman aged thirty three years being
Sworn and examined on the Defendants behalf
deposeth as follows
10th To the tenth Interry [Interrogatory] Saith that the Complts [Complainants]
Mrs Lowthers their Farmers or Lessees and the Defendant
Mr Trafford or his Assigns do each of them take every year
their respective moieties of the Tithes or Customary dues for
the Tithes of Wool and Lamb which happen or accrue in
such part of the Townshipp of Spaldington as lyes within
the parish of Bubwith
20th To the twentieth Interry [Interrogatory] Saith that the Deft [Defendant]
Mr Trafford in the years in which he accordg [according] to antient Usage
has the whole of the Tithes of Corn and Grain growing within the
Townshipp of Spaldington hath all along paid the Land tax and
other Parliamentary and parochial Taxes which have in such
years been laid or assessed upon the Tythes happening within the
said Townshipp and the Complts [Complainants] Mrs Lowthers in such years
paid no Taxes on accot [account] of their share of the Tythes or Customary
ones arising within the Townshipp of Spaldington aforesd [aforesaid]
W Carr
R Worsop
John Mayer