Report – Edward Chandler – 11 Oct 1743

(b) [PSAN editorial introduction:]

A paper endorsed 'Bill & answer. The case between the Rector & Bp' is, with the notes which are in the margin of the original document, entirely in the handwriting of bishop Chandler. It is here given: 



[original as transcribed:]

‘The Bishops of Durham have been possessed very antiently of the Lordship & Mannor of Stanhop & the Moors or Wasts in Weredale, wch are 30 miles or more in extent belonging to the said Mannor. 



The Bishops of Durham have likewise for some hundreds of years backwards used to let Leases for a short number of years or for one life of the land on the Wasts or Moors to such persons as were desirous to search for Lead, with which the Wasts abounded. 



The Rent reserved in these Leases, as far back as we can trace them, was only the Ninth Horse Load (a Horseload is a certain number of Bing wch is always the same) of Oar (called the 9th Lot or part) as soon as it shall begotten & demanded by the Bishop's Officer appointed to receive it. 



These are the words in Bp. Walter Skirlaws Lease of the Mines dated Dec. 1, 3 Hen. 4th, 1401. (19 Sepr. 37 Eliz. Agen 6 Hen. 5 Sep. 21, Thomas (Langley) Bp of Durham grant to Robt. Brass all the lead ure in the field & mine in the Blasedees for a year except the part wch belongs to God & Holy Church) 



And the same thing is given upon Oath by the Jury empaneled to enquire into the rights of the Bp of Durham in Stanhop &c. 



To the Interrog 9. what Mines belong to the See & what rent do they pay. Answ.: Sr Wm. Bowes Moormaster pays the Bishop the Lot oar wch is the 9th Horse Load. 



In Hen. 7th's reign the then Bp (Thomas Ruthal) lets 2 groves in the wast - the Reddendum yeilding & paying to the said Bp. every 9th part or - of ure - & covt. to do to the Lord etc. (This is all tht is on the Abstract of the Grant.) 



After the Decease of Hen. VII. The Bishop appointed a moor man or Moormaster & granted 

him the office by patent for his life with all the Mines on the wast or moor & with authority to agree with persons to search for & sink pits for a certain time, reserving to the Bp All & singular such Lead Ure as of right or custom is due to the sd Bp. within the Forrest of Weardale. (1 Eliz 1558) 



These patents were renewed from time to time down to 1667 with the like Reddendum with small variations - ' Yeilding & paying to the Bp the Lot ure according to the Custom.' 'The Lot oar due & to be due according as now is & hath been heretofore there used & accustomed.' (4 Eliz. 1562 Pilkington. 1641. Morton) 



The Bp obliges (9 Eliz.) the Moormaster by Covt. for the first time to pay tenth to the Parson viz., Bp. Pilkington in Sr Geo : Bowes Patent for Moormasters authorizes him to let Tacks or bargains to any Person within the parish to search for lead, under the Covts to continue working the mines so discovered, & to pay lot for the said Bp. to the Moor master, & tenth to the Parson. 



Henceforwd The Moor Masters or their Deputy, let leases accordingly on the like conditions of working; & of delivering out, the Lot & tith in due manner' -'to pay the lot to the Ld & the Tith to the Parson as they do orderly fall '- 'At all times to pay & deliver to the Moor Master All the lot ure, and the tith to the Parson, in such kind & form as the same shall be due without collusion or deceit.’(20, 27 & 30 Eliz.) 



1. From hence appears tht the 9th horse load as soon as it was gotten by the Lessee & Demanded by the Bp. was the 9th part or Lot or antient rent of the Mines 



2. That the Bp. could demand & cary off his Lot in the first place & before the tenth was got, if he so pleased 



3. That the Lessee at first, & afterwds the Moor Master who stood in the place of the Lessee, was to answer the Lot to the Bp. and the tith to the Parson, & tht the Parson had no demand or concern immediately with the Bp. 



4. That there was a Custom for the reckoning for delivery of the Lot oar or a due manner of Computing the 9th part.- wch is called -' paying as the Lot and tith orderly fall, & in such kind & form as the same shall be due.' 



The Bishops Auditors Office in 1645 was plundered: & the antient book called the Moormasters book, refer'd to in some of the Leases, is also lost 



There is no tradition of any dispute between the Bp. or his Moormaster, & the Rector, about the manner of numbring the horse loads for Lot & tith oar, down to the Restoration 



In 1660 Bp. Cosin granted the Moormaster's Office & Mines for Humph. Wharton, for his life, as the Patents formerly ran, paying the 9th lot to the Bp. as his predecessors did. 



In 1667 The said Hum. Wharton upon his petition to Parliamt.  gets an act 'to enable the sd Bp. & his successors, to grant a Lease for three Lives of the said Moor Master's Office & of all the mines on the Moor, with an addition of cleaning & well washing the said oar' without deduction or demand for the same, or any other charges whatsoever' & also an addition of 150li in money rent. The Reddendum -'yeilding & paying for the same, the lot ure or 9th part of the said lead ure, gotten in the said Mines, from time to time, as the same shall accrue & be gotten, clean & well washed' etc. 



Then after Covenants to secure the rents, at the conclusion of the Act, a proviso follows in these words ' PROVIDED always, tht the said Humf. Wharton, & his successors the Moormasters, pay or cause to be paid to Dr. Basire & his successors Rectors of Stanhop, the Full tith or tenth part of All lead Oar dig'd won or gotten - out of all or any of the said mines in clean well wash'd & drest oar as soon as it is ready for the smelting mill, without abatemt for charges of getting of the sd oar, or any other cause wtsoever.   (Some variation from the manner of paymt of the Bp’s Lot.) Then a saving clause : to the King & every other person & Persons Bodies Politick & Corporate other than the said Bp. & his successors & every other person claiming by or under him all their right and title, &c.   (The Rector of Stanhop being not expressly excluded in the saving clause, can he set up any fresh claim.) 

The same year the Bp. granted Mr. Wharton a Lease for 3 lives wth the Covenants for paying the Lot Oar & the tith according to the Proviso, in the very words of the Act of Parliamt. 



The Act being Passed, the Bp. agreed wth the Moormaster for a money sum in lieu of his 9th Lot as the Rector of Stanhop did wth him for his tith. 



And there is no footstep of Any dispute of the Rectors since tht time with the Bp. or the Moor Master about his tith oar. 



Mr. Wharton sold his interest to Sr W. Blacket, 1696 - whose Heirs still enjoy it. 



Wn the prsent Bp came to the See 1730 he found the Lot oar let by his prdecessor to the Moormaster for 3501i, & the tith by the Rector at 3151i. The difference between these sums is 35li wch difference is in the Proportion of a tenth to a 9th, 35li being the 10th part of 3501i. So tht at the time of making this bargain it was believed on both sides, tht the Bp's 9th part was more by a tenth than the Rectors. 



A few years after the present Bp's accession Mr. Blackett applyed to him & had a lease for 7 yrs of the 9th Lot at the aforesd Rent of 350, & the Rector granted him also a Lease of his tith at 315 li. That Lease being expired & a new Rector admitted, the Rector resolves to take the tith oar in kind. The Moormaster prtending tht he could not pay the same rent in time of war as in peace. 



As the Bp. hath the same common interest with the Rector, they join & appoint Agents to receive the oar, & to dispose of the same. Mr. Blacket, he desires the refusal of the oar at an agreed price & in paying for it, he paid the Bp. more than the Rector, in proportion of 10 to 9, & so it was pd for 2 years with the knowledge & consent of the Rector. 



But now the Rector sets up a claim upon the Bp for tithing the Bps 9th Lot & saith, it is the report of the Country tht Dr. Basire who became rector at the Restoration & continued so 16 or 18 years after the passing the act of Parliamt, claimed & obtained it. (It is now 76 years since the act) 



If this be true, it is strange the succeeding Rectors who were but two to the prsent, did not keep to tht claim. 



Agen if it be due, it seems not to be due from the Bp., but the Moormaster who binds himself to pay the full tith to the Rector, & the Bps 9th pt (as his Predecessors did, wch are the words of his Patent before the Act) as the same shall accrue. 



But it seems not possible to be due to the Rector, for then the Rector will receive a 9th part instead of a tenth for his tith; & the Bp. a tenth instead of a 9th for his Lot, wch certainly was not intended. Some larger proportion & advantage was intended the Bp. beside the priority of taking & carrying off the 9th horse, before the Rector could tith. For suppose a Mine afforded but 9 horse loads, the Bp. was intituled to the 9th & the Rector had no tenth. 



The Rector replyes to this 

In this way of reckoning the 9th Lot to the Bp. & then carrying on his next 9th immediately from the former 9th the Bp will have 2 Lots in 18 and the Rector but one Tenth. Answer: True & so would the Bp receive but one 9th in 18 according to the Rectors way of reckoning, viz., who would begin the Bp's second ninth with the eleventh Horse Load or Lot. To make it evident in an Arithmetical way: 90 horse loads do & should pay 10 Loads to the Bp. & 9 Loads to the Rector & thus the Bp's right is in the proportion of 10 to 9. Consequently if there be but 10 Load the Rector hath one load; if there be but 18, the Bp. hath 2 loads, the Rector but one, & in 90 Load tho' the Bp. hath 10 loads the Rector hath his full tenth in his receiving 9 loads. Now deducting 10 & 9 loads i.e. 19 loads out of 90 there remains 71 Loads for the Lessee or Moor master. But if the Bp. did not begin to reckon his 9th load till after the Rector had taken his 10th load, then there would remain 72 Loads for the Lessee out of every 90 loads. So tht the Rector endeavour <i>n the event, will be, to take one load from the Bp. to give it to his Lessee, & the Rector will be quite out of the question. For his whole right of tith is satisfied by his receiving 9 load out of every 90. So tht the Rector, by this way of reckoning, wd only injure the Bp's Right without bettering his own Right for the 19th Load wd then go to the Lessee. 



And lest stress should be laid on the words in the Proviso of the Act. For a full tith of all lead oar gotten out of all or any of the mines within the Parishes of Stanhop & Wolsingham. 



It must be remembred, that there is another old Lease of the lead ore in the copyhold & enclosed lands in Stanhop of wch we have copies from the restoration before the Act relating to the Mines on the wast, wch Lease is by mesne conveyance now in Mr. Blacket. 



In that Lease the same words of a full 9th have been & are inserted for paymt of the 9th Lot for oar gotten in those Mines viz., ‘Yeilding & paying to the said Bp & Sucessors one full 9th part of all such lead oar as shall be gotten within the prmises.' 



The Rector claims a full tenth from these Mines here as well as from the Mines on the Waste and the Bp. by the words of the same Lease is also entituled to a full 9th. How shall these 2 rents a full ninth to the Ld. with a full 10th to the Rector be reconcild, but by the Bps. having a right to carry off his horse load as soon as gotten out of the mines & leaving the Rector to take his 10th of what remains wn it is fitt to go to the smelting Mill? as the words in the Proviso of the Statute specifie. 



The truth is these are different paymts on different Accounts. The Bp. as Lord of the Soil might let his Oar in the reddendum of any part of the Oar, as well as the 9th part. He might have fixt a 5th or 7th for his Lot Oar And if he had done so, wn the fifth or 7th was taken off, he would have begun his next fifth or 7th horse Load from the immediate 6th or 8th, without staying for the coming of the 10th, or skipping over the 10th. The Ld's rent is a paymt of a different kind, & is to be answered by the Moor master to the Ld. The Rector must come on the land, or the tenant. Q.I. Cannot the Bp. at any time legally take his 9th without any regard to the Rector's claim of a 10th. (2d) Or if you think the Rector's demand extends to the whole produce, is not tht demand to be made upon the Lessee who covenants to pay a full 9th Lot by the act & his Lease to the Bp.’ 

Durham, iith Octobr 1743.