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