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