| li | s | d | |
| June 23, 1669. Spent at Braythey Bridge end in ye contest betwixt Jos. Penny & my Cosin Ambrose | 00 | 00 | 06 |
For the recovery of the tithes, the rector relied entirely on the legal knowledge and acute judgment of his relative; and the draft of the Bill presented in the Court of Exchequer, and now lying at Rydal Hall, is in the latter's handwriting. From this we learn that certain parishioners refused to pay tithes to the newly-instituted rector, and that their refusal was moreover of some years standing, as neither Wallas nor Thompson had been in a position to compel payment from the refractory. There are twenty-one names cited in the bill. Many of these were no doubt conscientious objectors, though some would be of that ever-present class, who seize any excuse for shirking an obligation. From the wording of the petition, that the objectors "pretended" John Ambrose never was parson of Grasmere, nor had been lawfully restored, it looks as if there had been some opposition to the squire's change of minister at the Restoration. Mr. Thomas Brathwaite had assisted him as we have seen in the removal of the Independent, but now the expulsion of the (probable) Presbyterian minister in favour of the Episcopalian roused the ire no doubt of the Presbyterian party, headed by the Ambleside Hall family. Robert Brathwaite, gentleman, was younger brother of Thomas, and had inherited from his father Gawen not only the property of High House, Hugill (where he generally resided) but the small "manor" of Baisbrowne in Langdale. It was on this estate that tithes were claimed from its owner, who heads the list of recalcitrant parishioners. Another prominent statesman among them was Christopher Nicholson, of Padmire, Grasmere, of whose religious persuasion we know nothing. A third was Francis Benson, freeholder; he, along with Mr. Brathwaite and Michael Benson, had served as an elder on the Presbyterian Classis, and had now become an ardent Quaker. These, with the rest, had—so the petition declared—combined to resist payment, and had persuaded others to do the like. Their position was certainly weakened by the fact that they had failed to pay these customary dues for its support, while they were satisfied with the ministry; yet the demand now made for fourteen years' arrears, may well have irritated them. The claim upon Mr. Robert Brathwaite's estate stands thus, when placed in the form of a table:—
| £ | s. | d. | |
| Meadows, of which the "tythe-hay" is worth yearly | 0 | 0 | 10 |
| Ten cow's milk each yearly 2d. | 0 | 1 | 8 |
| One tithe-calf | 0 | 1 | 8 |
| Two foals, each 2d. | 0 | 0 | 4 |
| Three hundred sheep, of which, the tythe wool is worth yearly | 2 | 0 | 0 |
| One hundred lambs paying a customary sum each year of 1s. 2d. | 11 | 8 | |
| Three sows, the tithe pigs being yearly | 10 | ||
| Ten geese, ten hens, and ten ducks, tithe yearly | 5 | 0 | |
| two swarms of bees, customary payment 2d. each | 4 | ||
| Five bushels of plums, with other fruit, tithe worth | 3 | 0 | |
| Twenty acres, pastured with barren cattle | 5 | 0 | |
| Hemp grown, tithe worth yearly | 2 | 0 | |
| Oblaytions | 2 | 6 |
The demand made upon each of the foremost defendants in the lawsuit was exactly the same, showing that the estimate of the tithes was a purely conventional one. It amounted then for each prosperous statesman to £3 14s. 10d.—a large sum compared with the commutation of the Rydal Hall tithe; and when this figure is multiplied by fourteen for arrears, a total of £52 7s. 8d. is reached, which was likely enough to arouse dismay and opposition. The case dragged on; and on October 20th, 1663, a commission sat at Ambleside, when witnesses were called on both sides. The smaller statesmen were no longer cited, while Robert Brathwaite, Christopher Nicholson, Francis Benson, and John Benson stood as the defendants.[122] The verdict is not known; but payment of tithes once more became customary. The refusal of the Quakers to pay the church rate will be noticed hereafter.
The tithes seem often to have been let on lease, which saved the rector the trouble and annoyance of collection. Edward Benson of Loughrigg declared, in 1663, before the commission, that he and Miles Mackereth and John Brathwaite held a lease of them from Parson Ambrose for three years, which ended April 15th, 1665. About the year 1726 they were apparently farmed by the statesmen jointly. A paper exists[123] entitled "Grasmere Tyth Corn lett to the Inhabitants Anno 1726. Some wanting." It contains the names of 55 landholders, with the amount—varying from 1s. to 18s.—paid by each as an equivalent for the tithe of corn. The total is £18 6s.
This agrees with the statement of Miss Craik, who in 1752 was corresponding with Sir William Fleming on behalf of her incapable brother, the rector. While expressing her surprise that he should think of renting the tithes of corn, she tells him that Mr. Craik's collector had been persuaded to grant a three years' lease at £14 10s., which was too little. The salary of the collector, she adds, had been in a former year £5.
The growth of corn increased seemingly in this district as the eighteenth century went by, owing no doubt to its heightened price throughout the kingdom. The tithe of it accordingly went up in value, while wool, from the decay of the cloth trade, went down.
