Introduction
Whereas an Agreement for the COMMUTATION of TITHES in the Parish of Lamplugh in the County of Cumberland was, on the fifteenth day of June in the Year One Thousand Eight Hundred and thirty seven, confirmed by the Tithe Commissioners for England and Wales, of which Agreement, with the Schedule thereunto annexed, the following is a Copy :-
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There are three problems on the first page: (1) letters on the right side of the page have been clipped off. This may be a fault of the copy or of the microfilm; (2) a fold appears in the bottom part of the page that obscures some letters; and (3) the bottom right-hand corner has been torn off.
Missing text is indicated by [] with likely missing letters inserted. This is poor quality legalese!
Provisional Articles of Agreement for the Commutation of the Tithes of the Parish of Lamplugh in the County of Cumberland in pursuance of the Act for the Commutation of Tithes in England and Wales made and executed at a meeting dul[y] called and holden and adjourned from time to time and holden by adjournment at the Hou[se] of Jackson Rodger Innkeeper at Lamplugh Cross in the said Parish on the thirty first d[ay] of March in the year of our Lord one thousand eight hundred and thirty seven and since per according to the provisions of the said Act By and Between the several persons owners of Land within the said parish by whom or by whose Agents duly authorized in that behalf thes[e] presents are executed and the Interest of which Landowners in the Lands of the said parish w[ith] less than two thirds of the Lands therein subject to tithes of the one part and the Reverend Jos[eph] Gilbanks Clerk Rector of the said parish and owner of all the tithes as well great as small there[in] of the other part.
It is by these presents witnessed that at the said Meeting it hath been and is mutually agreed upon by and between all the said parties to these Presents in manner follow[ing], that is to say, That the annual sum of Three Hundred Pounds by way of Rent Charge ass[igned?] to variation as in the said Act provided and subject to the other provisions therein contain[ed] shall be payable and paid to the said Joseph Gilbanks as Rector of the said Parish and ou[t] of the Tithes thereof and to his successors instead of all the Tithes as well great as small [] the Lands of the said parish subject to Tithes/exclusive of the Tithes of the Glebe Lands of t[he] said Parish but it is agreed that an additional Rent Charge of Five shillings shall be pay[able] to the said Joseph Gilbanks and his successors in the said Rectory in respect of all the Tithes great and small arising from the said Glebe Lands when the same are not in the hands [of] owner or owners being Rector or Rectors of the said Parish which said last mentioned Rent Charge is agreed shall be apportioned upon the said Glebe lands exclusively) and instead of all in[clusions?] and compositions real and prescriptive and customary payments payable in respect of a[ll] the Lands of the said parish or the produce thereof as well of the antient and inclosed Lands o[r] of the Commons Wastes and uninclosed Lands within the said parish and also instea[d] all Easter Dues and Offerings and other personal Tithes whatever a summary of which Lands is contained in the Schedule hereunto annexed. In Testim[ony]
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whereof the said parties to these presents or their respective agents thereunto duly authorized in their names and on their behalf have to these presents subscribed and set their respective Hands and seals.
SCHEDULE
In the above provisional Articles of Agreement containing a statement of all the particulars required by the said Act to be set forth or otherwise […] for the purposes of this Agreement
The whole Parish of Lamplugh aforesaid contains by estimation six thousand one hundred acres of Land Statute measure
The whole quantity of the Lands of the said parish which are subject to the payment of any kind of Tithes is estimated at six thousand and ninety seven acres statute measure including the Demesne Lands of Lamplugh Hall and Scalesmoor hereafter mentioned
The whole quantity of land subject to Tithes within the said Parish which is cultivated as Arable Land is estimated at Two Thousand four hundred and fifty acres statute measure
The whole quantity of Land subject to Tithes within the said Parish cultivated as Meadow or Pasture Land is estimated at one thousand five hundred and nine acres Statute measure
The whole quantity of uninclosed Wastes or Common Land subject to Tithes within the said Parish is estimated at one thousand four hundred and seventy five acres Statute measure and is stinted or depastured by and with sheep and cattle each Land owner and occupier of Lands within the Townships of Murton and Lamplugh in the said Parish having a right to depasture sheep and cattle thereupon.
The undermentioned Moduses or Compositions real or prescriptive or customary payments are payable instead of the undermentioned Tithes of the said parish, and the undermentioned lands and Tithes respectively are covered thereby (that is to say) All the Lands within the said Parish (except Lamplugh demesne Lands, Scalesmoor Estate and a field of three acres at Winder Gill belonging to the Devisees of Leathes) are subject to the Moduses following namely Four shillings fo each tenth Calf; two shillings for each fifth Calf; two pence for each Nuckhold Cow or Milch Cow; one halfpenny for each stripped or Milch Cow; one penny for each Foal; one penny for each Cast of Bees; Four pence Hen money for each Householder, Three half pence for each Communicant, one half penny for each Lamb when the number is less
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than five but if there be five then half the value of a Lamb and if more than five the Rector is entitled to one Lamb paying a halfpenny for each Lamb according to the number deficient. And also subject to the following prescription (that is to say) Two shillings and six pence for Kelton Mill and three pence for each Tenement within the said parish according to the Antient division of the said parish into Tenements.
The Demesne Lands of Lamplugh pay a Modus of ten shillings yearly in lieu of all manner of Tithes of which Modus Lamplugh Hall Estate pays eight shillings and Scalesmoor Five shillings and contained together by estimation six hundred and sixty three acres statute measure
The undermentioned Lands of the said Parish are and have been under the undermentioned circumstances exempted from the payment of Tithes (that is to say) A Field belonging to the Devisees of the late Thomas Leathes of Winder Gill in the said Parish containing three acres is by immemorial custom wholly exempt from Tithes and no Modus Composition real or prescriptive or other customary Payment is or ever has been paid in respect thereof.
The Glebe Lands of the said Parish which is not in the Hands of the owner thereof be liable to Tithes amount by estimation to two acres
And whereas by a Supplemental Agreement for the Commutation of Tithes in the said Parish of Lamplugh confirmed by the said Tithe Commissioners on the twenty fourth day of December in the year one thousand eight hundred and thirty eight the parties thereto declare it to be their will and intention that the Lands included in the Agreement therein recited and herein set forth should be discharged from the payment of Tithes and that the Rent charge therein mentioned should commence from the first day of January next preceeding the confirmation of the Apportionment