Letter – Timothy Wrangham to Nicholas Walton – 19 Feb 1741

      To Messrs Walton and Boag

Sirs

	The Cause between Wm. Moore and Ralph Wood was begun Continued and Ended as follows

	Moor as Lessee of the Vicarage and Tyths of Hartburn sued Wood in the Spiritual Court of Durham for Tyths arising from Grounds which he farmed under the Hospital at Greenwich.

	Upon the return of the Citation Wood appeared and tender’d 2s 6d as a Modus for one years hay then due, which Moore Accepted in full of his demand for Hay, but at the same time declared he would proceed as to other Matters tythable.

	Accordingly Moor gave in a Libel purporting himself to be Lessee of the Vicaridge and the large Quantity of Corn of Divers kinds and No. of Calves Wool Lamb &c which Wood had Converted to his own Use upon the Premises & of which no Tyth had been paid.

	Wood by his Answer confessed the Lease and also charged himself with a great deal of Colrn a large No. of calves and other Small Tythes mentioned in the Libel being in the whole of Considerable Value, but by way of Discharge desired time (by the Proctor) to give in a defensive Allegation, wherein he designed to sett forth that his Lands were tyth free.

	Being Indulged with a great deal of time and unable to procure proper Instructions for drawing his defense the Cause was concluded and Wood condemned in the Value of all such small Tyths (only) as he had withheld according to his own confession.

	The Sentence was founded upon this principal ie that the Lessees of the Vicaridge was of common right intitled  to those tyths till the Contrary should be made appear.

	Hereupon the Cause was appealed to York & a Coppy of a grant from K[ing] James the 1st being at length obtained a Plea was there gikven in to the following purpose with the said Coppy Anexed.

	1st.  That in the 6th Year of K.Jas. the Rectory and all the Tythes of the Parish of Hartburn being then in the Crown & which had been formerly part of the possessions of the Monastery of St Albans whereby Letters Patent of his sd. Majesty granted to George Johnson Merch.t & James Gramesdic k Gent. their Heirs & Ass[ignees] :

	2nd  The sd. Rectory and tyths by legal Conveyances descended & came to Jas. late earl of Derwentwater who was legaly siezed thereof till the year 1715 when the same amongstr other Estates became forfeited to the Crown by the Earls Atainder and by an Act of Parliament made in the reign of his late Majesty were Vested in Trustees for the use of the Publick and by an Act made in the 5th Year of his present Majesty’s Reign the said Rectory and Tyths were given to his majesty for the like publick use and the Rents and Profitts thereof are now applied for the Support of the Royal Hospital at Greenwich.

	3rd That the Tythes in the Cause sued for mdid arise within the Rectory and Parish of Hartburn aforesaid granted by the said Patent and forfeited by the sd. James late Earl of Derwentwater to the Crown under whom the sd. Ralph Wood now Farmes.

      Moor by his answer confesses that the before mentioned Pretended Rectory and Tyths were pretended to be granted to Johnson & Gramesdick by Letters Patent in the Reign of K<ing> James the 1st but he did not believe the Crown had any right to grant the same. He Confesses that these Tythes arose within the Parish of Hartburn but he doth not believe Hartburn to be a Rectory and he doth not know or believe any other part of Woods allegation to be true.

      Woods advocate at York gave his oppinion that if the Court there should offer to Construe a Grant from the Crown & give Sentence ag.st him claiming under Such Grant a Prohibition would lye after Sentence and he recommended to Wood to proceed by Prohibition.

	Accordingly by the Doctors Advice the Cause was Carryd on to Sentence without any Proof whatsoever of Woods Pleas and the Sentence at Durham was affirmed.

	The proceedings were afterwards laid before Mr Dennison in order to have a Suggestion drawn and after a great deal of Consideration ( and when it was too late to prosecute the Appealk to the Delegates) he declared it to be his opinion that there was no manner of Foundation for a Prohibition and so the Cause ended.

	NB. Though More seems to have had an Equal right to all the Tyths both great and small he was so moderate (for what reason I know not) as to take a Sentencse only for the Small Tyths & did not medle with the Corn. 

	It seems plain from the language of the Grant that this living was formerly a Rectrory Impropriate and in Lay Hands who provided a Vicar to supply the Cure, how the same happens now to be a Vicaridge and the B.p of Durham to have the Advowson is not so easily to be accounted for.

	Had this been a Matter of Dispute in the late Earls life time I doubt not but he Cou’d have shewn a proper Right to these Tythes, but as he is dead  and the Title deeds of his Estate are loist and the same Right which he had to his estate is transferred to the Comiss.rs of the Hosp by act of Parl.t and as this Estate hath been Enjoyed Tyth free time beyond memory counsel ought to be advised with to know whither the Court of Chancery on proper Application would decree this Estate to be injoyed by the Commiss.rs discharged from payment of Tyths and in the same beneficial manner to all intents and Purposes as the late Earl enjoyed the same.

      If any Suit should be renewed in the Spititual Court an Advocate at the Com<m>ons should be consulted to know if the Pleas given in at York be a proper defense and (as matters are Circumstans’d ) to know what sort of Evidence would do to Support it.

	Let the Tennant upon the premises enquire amongst his Neighbours and Ancient Tyth gatherers if Hartburn Parish whither 2s 6d a Year used to be a Modus confined to Hartburn [pay] alone, or whither the same used to be paid generally in Lieu of all Tyths whatsoever arising upon the Estate.

      I am yr verry Hble Sert.

      Tim. Wrangham



Durham 19th Feb. 1740



Pray let one of your Clarks transcribe this and keep my foul work by you.





To The Hon. The Commiss.rs for Greenwich Hospital

The Humble Petition of Rich. Werge  Vicar of Hartburn in the County of Northumberland.

Sheweth:

	That your Petitioner; when he entered upon the Vicaridge of Hartburn, which was on the 28th day of February 1736 was then Informed that Prosecution was Commenced Some considerable time before by Mr Wm. Moore the Tennant to the Rev. Leaton Eden my Predecessor for the Tyths arising out of east Thornton or Needless hall that these Tyths were decreed in favour of Mr Moore both at Durham & York, and that Mr Moore by Virtue of that Decree received Cost & Damages.

	Now your Petitioner having reced. neither Tythes nor Acknowledgm.t for them since he Enter’d upon the said Vicaridge; having been verry easie as believing your Hons would not fail to Do him right, now hopes you will Order Satisfaction to be made him for the time past, and that for the futurehe may Enjoy the Same without Trouble.

	And Your Petitioner will ever pray &c