[From IoM Charities, 1831]

Impropriate Tithes

By Indenture, dated the 1st November, 1666, made between Charles, Earl of Derby, of the one part, and the Right Rev. Isaac, Lord Bishop of Sodor and Mann, and Jonathan Fletcher, archdeacon, of the other part, reciting, "that the revenues and ecclesiastical promotions and maintenance for the ministers of the gospel settled within the said Isle of Man are very small;by reason whereof, many of the ministers within the said Isle are enforced to live in mean condition, far unbecoming their callings; and likewise are necessitated, for the gaining and obtaining of a livelyhood for themselves and their families, to betake themselves to mean and inferior employments, to the diminution of the honour of their function and profession, and to the prejudice of religion and ecclesiastical government by law established within the said Island, and his Majesty's dominions; whereof the said Right Hon. Earl of Derby, Lord of the said Isle, and the said Right Rev. Father in God, taking notice, and duly considering the great inconveniencies arising from the small encouragement and maintenance of the ministers within the said Isle of Man; and for the increase and further augmentation of the maintenance for the ministers of the gospel exercising their functions within the said Isle of Man, at the several churches and cures there, the said Earl and Right Rev. Father in God, the Lord Bishop of Sodor and Mann, have used their great care, and pious and religious endeavours and bounty, as well in their own particular and liberal contributions, as in procuring, upon their Lordships' endeavours and earnest solicitations, other large and bountiful contributions, for the furthering and encouragement of the same pious and religious works, by the Most Rev. Archbishops, and the Right Rev. Bishops, and other pious and well disposed persons within the realm of England; by which contribution the sum of one thousand pounds of lawful English money is already paid, for the furtherance and advance of the pious and charitable work above mentioned: '-The said Earl of Derby, for and in consideration of the said sum of one thousand pounds, and of the several yearly,rents, reservations, trusts, and agreements, in the said Indenture mentioned, granted, bargained, and sold unto the said Lord Bishop of Mann and Jonathan Fletcher, archdeacon, their exors. and assigns, all that the Rectory of Kk Christ Lezayre and Kk Marown, with their and either of their appurtenances, all that the Rectory of Kk Lonnan with its appurtenances, all that the Rectory of Kk Conchan with its appurtenances, all that the Rectory of Malew with its appurtenances, all that the Rectory of Kk Mau,-hold with its appurtenances, all that the Rectory of Kk Arbory with its appurtenances, all that the Rectory of Kk Christ Rushen with its appurtenances, all that the Rectory of Kk Michael with its appurtenances, all that the Rectory of Kk Santon with its appurtenances; together with all and sino-ular tenths and tithes of corn and grain, yearly renewing growingr and increasin- within the Rectories abovementioned, and all and sino,ular other tithes and tenths whatsoever:

To hold to the said Right Rev. Father in God, Lord Bishop of Sodor and Mann and Jonathan Fletcher Archdeacon, their Exors. and Assigns, for and durino, the term of'10,000 years next ensuing;

Yielding and paying to the said Earl of Derby and his heirs, for the said Rectory of Kk Christ Lezayre and Kk Marown the yearly rent of £14. 16. 6., and also for the Rectory of Kk Maughold the yearly rent of £8. 0. 0. and likewise for the said Rectory of Kk Lonnan the yearly rent of £6. 0. 0., and likewise for the said Rectory of Kk Conchan the yearly rent of £1. 6. 8., and likewise for the said Rectory of Kk Malew the yearly rent of £12. 0. 0., and likewise for the said Rectory of Arbory the yearly rent of £3. 0. 0., and likewise for the Rectory of Kk Christ Rushen the yearly rent of £8. 0. 0., and likewise for the said Rectory of Kk Michael the yearly rent of £8. 0 0., and likewise for the said Rectory of Kk Santan the yearly ancient and accustomed rent; -And also yielding and paying for all the said Rectories the tithes and premises, every thirtieth year, to the said Earl of Derby and his heirs the rent of £130. 0. 0. lawful English money: -In Trust that the rents issues revenues and clear profits of the said Rectories tithes and premises abovementioned, over and above the payment satisfaction and discharge of the yearly and other rents hereby reserved, shall be from time to time and at all time and times here to after, during the said term, converted ordered paid employed and disposed of, for 'the encrease and augtmentation of the maintenance, and better support and livelyhood, of the Ministers of the Gospel settled and exercising their functions within the said Isle of Man; and for or towards the erection of a Free School within the same Isle, or the maintenance of some Schoolmaster or Schoolmasters there, in such sort manner and form, and to be paid and distributed for the uses aforesaid, by such proportions, and in such manner, and to such persons, as the said Lord Bishop of Mann, during his continu" ance in the same see and bishoprick of Sodor and Mann, and the said Jonathan Fleteber, during his " continuance in his Ecell. promotion within the said Isle of Man, and afterwards as the several successors of the said Lord Bishop of Sodor and Mann and Archdeacon of the said Isle of Man, together with two other persons resident and inhabiting within the said Isle of Man for the time being, and to be nominated for that purpose by the "said Earl of Derby or his heirs under his or their " hands and seals respectively, or as any three of " them, whereof the Lord Bishop of Sodor and Mann "for the time being to be one, shall yearly think meet and convenient to pay order distribute and dispose of the same.

-And the said Earl of Derby covenanted to grant and assure to the said Lord Bishop and Sonathan Fletcher, Lands and Hereditaments within the County of Lancaster, of the value of two thousand pounds, as a collateral and further security for the quiet enjoyment of all the said Rectories and tithes. And the said Earl, in piirsuanle of the said latter covenant, did, by Indenture of Lease and release bearing date the 26 and 29 of January, 1666, made between the said Earl of Derby of the first part, the said Isaac, Lord Bishop of Sodor and Mann, and the said Jonathan Fletcher, of the second part, and Thomas Patten and Thomas Sympson, of the third part,-,urant, sell, and release, unto the said Isaac, Lord Bishop, and Jonathan Fletcher, and their heirs, all that the Manor of Bispham, in the County of Lancaster, tooether with the farm or tenement called Methop;-To hold the said manor and farm and tenement, In Trust that they and their heirs should permit the said Earl, his heirs and assigns, peaceably to hold and enjoy the same, until the said Bishop and Archdeacon should be interrupted in the quiet possession of the said Reetories and tithes by the said Charles, Earl of Derby, or any lawfully claiming under him, or James Earl of Derby. And in case the said Bishop and Archdeacon, their exors. or assigns, should be interrupted in the peaceable occupation of the said Rectories and tithes, that then it should be lawftil for them to re-enter into the said manor of Bispham, and tenement called Methop, and the rents thereof to receive, until they should have thereby received such sums of money as should sufficiently satisfy all losses, damages, and expenses, by reason of such interruption.

On the death of James, Earl of Derby, in the year c 1735, James, Duke of Atholl, took possession of the Lordship of Man, and of the Rectories and tithes comprised in the said Indenture of the Ist of November, 1666, claiming the same as heir-at-law of James, Lord Stanley. Whereupon Thomas Wilson, Lord Bishop of Sodor and Mann, and John Kippax, -Archdeacon, in the month of November, 1742, exhibited their Bills in the Hioh Court of Chancery, against Edward, then Earl of Derby, James, Duke of Atholl, and Isaac Clopton, the personal representative of Bishop Barrow; praying, on behalf of the Clergy and Schoolmasters, that they might be decreed to have the benefit of the said Collateral Security. And the said Edward, Earl of Derby, filed his Cross Bill, to establish a title to the said Isle, Rectories, and tithes:-which causes were heard before Lord Chancellor Hardwick, on the 12th, 13th, and 15th days of July, 1751, who dismissed the Cross Bill, so far as it sought to impeach the Duke of Atholl's title to the said Isle of Man, and to establish the said Lease for ten thousand years, made on the I st November, 1666.-And as to the relief sought for by Lord Derby's Bill, touching the estate and lands in Lancashire, comprised in the Collateral Security; and as to the demand made against the said Collateral Security by the Clergy, in- the original Bill;it was referred to a Master to inquire when the Clergy were evicted of the tithes in question by the Duke of Atholl. and from what time they ceased to receive the rents and profits thereof. And the Master was to take an account of the tithes which had accrued since the eviction of the Clero, ; and also to take an account of the rents and profits of the estate in Lancashire, comprised in the Collateral Security; and to compute the annual value of the Rectories and tithes for the time to come: and so much as the Master should compute to be the annual value thereof, should be paid by Lord Derby, for the time to come, to the Bishop and Archdeacon yearly, upon the trusts in the said demise ; with liberty to apply to the, Court to enforce payment thereof, -

 

In pursuance of the said decree, Master Eld made his Report, dated 7 July, 1757. And by a subsequent order made in the said causes, (11 May, 1758,) it was ordered, that upon the Earl of Derby's consenting to pay to Hugh Hammersley, gent., by the consent of the Bishop and Archdeacon, to be disposed of and paid by them, according to the directions of the said decretal order, the sum of £ 1, 132 11 s. Od. sterling, the clear amount, settled by the said Master's report, of the damnification sustained bythe Clergy down to Easter, 1751 ; (after deducting the sum of £1,442 15s. 9'd., before paid by the said Earl of Derby, pursuant to an order made the 2d of August, 1750;) and also the sum of £ l.,087. Is. 10 'd. sterling, the amount of the clear 5 yearly value of the said Rectories and tithes for five years, from Easter, 1751, to Easter, 1756, at the rate of £217 Ss. 4 ' 'd. a year; and also the further sum of £430 15s. 9d. sterling' being the amount of the clear yearly value of the said Rectories and tithes for the two succeeding years, from Easter, 1756, to Easter, 1758, at the yearly rate of £219 7s. 10½:-and upon the said Earl of Derby's undertaking to pay to the Bishop and Archdeacon of the said Isle the slid yearly sum of £219 7s. 10½d. sterling on every Easter Monday, at the Town-hall, in Liverpool, the said Earl of Derby should be continued in the possession of the said manor and farm, called Bispham and Methop, subject to the further order of the Court.

The said yearly sum of £219. 7s. 10½d. was regularly paid up to Easter, 1809: when a Bill of Revivor was filed by Claudius, Lord Bishop of Sodor and Mann,and the Rev. Daniel Mylrea, Archdeacon, against Edward, Earl of Derby, and Sir Vicary Gibbs, Attorney General, the said Isaac Clapton having departed this life without heirs, and without devising his leoal estate in the premises:-and after various proceedings had in the said cause, articles of agreement, dated the 16th day February, 1811, were entered into between the said Earl of Derby of the first part; John, Duke of Atholl, of the second part; and Edward, Lord Stanley, Claudius, Lord Bishop of Sodor and Mann, Daniel Mylrea, Archdeacon of the said Island, William Scott, Receiver General, and John Cosnahan, Esqrs. which said William Scott and John Cosnahan had been appointed Trustees by the said Duke of Atholl, for the purposes mentioned in the said Indenture of the Ist November, 1666, and the Vicars General, and the Vicars of the different parishes of the said Island, of the third part:-by which it was agreed, to prevent further litication, that the sum of sixteen thousand pounds sterling should be paid by the said Earl of Derby ; and that the said manor and farm, called Bispham and Methop, should be discharged ftom the payment of the said annual sum of £219. 7s. 10½d. And an Act of Parliament of the 2 51 of Geo. the 3, cap. 207, was obtained to confirm the said agreement: by which it is enacted, that the said sum of £16,000 should be paid into the Bank of Eno,land, to the credit of the Bishop of Sodor and Mann, and the Archdeacon of the Isle of Man, for the time being, in the name and with the privity of the Accountant General of the said Court of Chancery; and that as soon as conveniently may be thereafter the same shtll, upon petition, to be preferred in a summary way by the Bishop of Sodor and Mann, and the Archdeacon for the time being, be laid out and invested in the purchase of Freehold Messuages, Lands, and Heredits., situate in Enoland, or of Freehold or Customary Messuages, Lands, and Heredits. in the Isle of Man, which shall be approved of by the said Court of Chancery; and that such purchases shall, under the direction of the said Court, be conveyed unto, or to the use of, or vested in, the Bishop of Sodor and Mann and the Archdeacon of the Isle of Man for the time being, and their successors; upon trust to pay and apply the rents and profits thereof, upon such and the same trusts, for such and the same purposes, and in such and the same manner, as by the said Indenture of the Ist. of November, 1666, are declared of and concerning the respective Rectories and tithes therein mentioned and demised. It shall be lawful for the Bishop of Sodor and Mann and Archdeacon of the said Isle, by Indenture under their hands and seals, to demise or lease all or any part or parts of the said lands, so to be purchased, for any term not exceeding twenty-one years, in possession for the best yearly rent that can be reasonably had for the same; and so as in every such lease there be contained a clause of re-entry, in case the rent thereupon to be reserved be unpaid by the space of twenty days; and so as the lessee do seal and deliver a counter-part of such lease.

Until a proper purchase can be found, the said sum of £16,000 shall from time to time be invested, under the directions of the Court of Chancery, in the' purchase of Exchequer Bills, &c.

It shall be lawful for the Court of Chancery, on petition to be presented for that purpose by the Bishop of Sodor and Mann and Archdeacon, to direct any part of the said Exchequer.Bills, &c. not exceeding £219 7s. 10½d. per ann. to be paid to the said Bishop and Archdeacon, to be by them paid over to the persons who would for the time being be entitled to the yearly rents of the said hereditaments, if the same had been purchased.

Lease from Earl of Derby to Bishop Barrow of Impropriate tithes for 10,000 years.

 

Considerations.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rent. in Lib. Scacer. 1668 for £1,100.

 

Reserved Rents.

 

By Master Eld's Report £5.

 

Fine or rent every 30 year.

 

Trusts.

 

 

 

 

 

 

 

 

Collateral Security.

 

 

 

 

 

 

 

Eviction of the Clergy, in the year 1735-6, by the Duke of Atholl.

 

 

 

 

 

Bill in Chancery by th Bishop and Archdeacon against the Earl of Derby and others.

 

Cross Bill.

 

Master Eld's Report, and he subsequent Decree.

 

Bill of Revivor, 1809.

 

Compromise for £16,000.

TBC....


 

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