Chapter 2 ... Fulford and the tithe of 1849




The practice of giving a tithe, or one tenth, of all the produce of the land for the work of God had become a legal obligation in England by the 8th century, when tithes of corn, hay, livestock, wool and non-cereal crops went to support the resident minister or an appointed layman.

In Fulford in the late 1700’s the Allen family were Lords of the Manor and so gathered the tithes, and they sold up to one third of their tithes to people lmown as lay impropriators. Mrs. Jane Fernihough was one such person but collecting her tithes wasn’t always smooth sailing as can be seen from the following letters.

“To Thomas Hinkley Esq., Lichfield

Dear Sir,

Late last night I received the Inclosed Copy of a Writ from Mrs. Fernihough of Fulford, I desire you will please to enter an Appearance for the Defendts but not to enter it sooner than quite Necessary as We wish to gain time in order to settle the Matter if we can. The Case is Briefly this – Mrs Fernihough Widw of the late Revd Mr Fern of Fulford (who is an Old Woman) is Lessie for her life of The Corn Tithes of Fulford under Mr.Allen of Fenton – The Plaintiff Saml England (a troublesome Man) in Tent to Mr Hawkins for a Farm in the Liberty of Fulford The Tithes of All which Farm it is presumd belong to Mrs F –

The Farm Consists in part some old Rough Land which has not been plowed within Memory Except within a few Years and England has then withheld the Tithes of these Lands pretending some Exemption, tho’ in fact he can have none, as Many Parts of the Farm have been Constantly tithes and by chance last year a Living Witness told Mrs F that he had lived wth England’s father and that he remembered a part of the said Rough Lands Tithed many Years since Mrs Fer being an Old Woman was before unwilling to enter into any dispute abt the Tithes by reason of her Age but the Pltff yearly increasing his Tillage of the said Lands and still Retaining the Tithes Mrs F was Advised last Year to set out the Tithes of the some of the said Rough Lands and to carry away the Tithes which she did – It is the Custom in Fulford for the Lessees of the Improprietor or their Servt to set out tithes and indeed so it is in most Parts of this Country Mr Hawkins soon after signified her Intention of serving a Writ but I saw him at Stone and had some talk with him he seemed then to plead an Exemption by times, but I have since exchanged Sevl Lettrs with him and was in hopes he would have been convinced of the justness of Mrs F’s Claim In his Letters he has not said anything against the Rights of the Tithes but has Spoke of Mrs F’s illegal proceedins. Therefore from his frst Letter I suspected he meant to proceed by an Actn of Tresp.

For the Entery upon the Land and setting out the Tithe Therefore I beg the favour of You to let me know by return of the Post whether you think that is the Case or whether by this Action he can bring the Merrits of the Case as to the Tithes in Question or what he can recover by this Action. The Value of the Tithes last Year taken were abt or under 5£ I mean those in Dispute -

If they can bring the Merrits of the Cause on by this Action Mrs F must then apply to Mr Allen (for it cannot be worth her while) If otherwise whether it may not be better to tender Trespass and in what manner –

Mr Hawkins in his Lettr sometime since says he Expected to have the Value of the Tithes and Cost of the Writ – I shall be Glad to hear from You and must Conclude for fear of the Post setting out. I am Dear Sir in haste Your most obedt Servt R.Goodall



Darlaston June 21st 1786

Please to let me know how soon they can file their declaration – Que – Do you think Mrs F can justify setting out the Tithes – I fear not – “.

The enclosed copy of the writ said:-

“George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth To the Sheriff of Staffordshire Greeting – whereas we lately commanded our Sheriff of Middlesex that he should take Jane Fernihough Henry Fernihough Joseph goodwin and Samuel Braine If they might be found in his Bailwick and keep them safely so that he should have their Bodies before us at Westminster at a certain day now past to Answer to Samuel England in a plea of Trespass And our said Sheriff of Middlesex at that day returned to us that the aforesaid Jane, Henry, Joseph and Samuel are not found in his Bailwick wherupon on the behalf of the said Samuel it is sufficiently attested in our Court before us that the aforesaid Jane, Henry, Joseph and Samuel doe run up and down and secret themselves in your County Therefore we command you that you take them if they may be found in your Bailwick and safely keep them so that you may have your Bodies Before us at Westminster On Wednesday next after Eight days of the Holy Trinity to answer to the aforesaid Samuel of the place aforesaid and that you have there then this Writ Witness William Earl of Mansfield at Westminster the twenty ninth day of May in the twenty Sixth year of our Reign

Stormant & Way

Jane Fernihough } You are served with this Process to the intent that
Henry Fernihough } you may by your Attorney appear in his
Joseph Goodwin } Majesties Court of Kings Bench at the being
Samuel Braine } return Thereof the twenty first day of June 1786 In order to your defence in this Action Leeson for Dalrymple 9th June 1786”



The case obviously dragged on as on 17th January 1787 Mr.R.Goodall wrote to Thomas Hinkley Esq. again, this time saying that he had searched in vain for deeds covering the purchase of Mr. Allen’s estates.

He had found that they had been mortgaged or sold and that they were “strangely dispersed, but the Tithe Deeds to the Tithes could not be found”. He also asked Mr. Hinckley if it may therefore be incumbent on the plaintiff to have to show exemption.

Sadly the replies to this letter seem to have been lost over the years and so we have no record as to what the final judgement was.

Not many years after, in 1836, the Tithe Commission came into being, and tithe maps and apportionments began to be produced.

The apportionment of the rent-charge in lieu of tithes in the township of Fulford (and Saverley Green) in the parish of Stone is dated 30th October 1849.

Extracts from this apportionment identifying some of the people of Fulford are reproduced below.

Know all Men by these present that I Joseph Townsend having been duly appointed and sworn an Assistant Tithe Commission are according to the provisioning of the Act for rhe commutation of tithes in England and Wales and having been also duly appointed to ascertain and award the total sum to be paid by way of rent charges instead of the tithes of the Township of Fulford in the Parish of Stone in the County of Stafford do hereby award as follows, that is to say---------------

Whereas I have held divers meetings near the said Township touching the matter aforesaid of which meetings due notice was given for the information of the Landowners and Titheowners of the said Township-------------

And whereas I have considered all the allegations and proofs tendered to me by all parties interested and have myself made all enquiries touching the premised subject which appeared to me to be necessary-------------

And whereas I find that the undermentioned prescriptive and customary payments are yearly through the said Township instead of the undermentioned tithes that is

One penny for every barren Cow instead of the tithe agistment of barren Cows------
Three half pence for every Cow under seven that has had a Calf instead of the tithe of Milk----
Two shillings for every seven Cows------
Four shillings for every seventeen Cows------
Two shillings for every twenty seven Cows that have calved instead of tithe Milk of such Cows------
Three half pence for every Colt instead of tithe of Colts------
One half pence for every Garden instead of tithe of the produce of Gardens------
Three half pence for every swarm of bees and the same sum for every stall killed instead of tithes of honey------

And whereas I find that the undermentioned lands of the Township of which Richard Clarke Hill Esq. Is the owner are covered from the render of tithes of Hay in kind by the undermentioned prescriptive or customary yearly payments in lieu thereof that is to say------

Fulford Hall Farm containing in estimate statute measure one hundred and thirty five acres and thirty seven perches well known by metres and bounds now or late in the occupation of the said Richard Clarke Hill and Benjamin Finney by the payment of four pence at Easter to Swynfen Jervis Esquire----

The Farm heretofore Davalls containing in estimate statute measure two hundred and ninety seven acres and twenty nine perches well known………………….of the said Richard Clarke Hill Jesse Wooliscroft Benjamin Finney William Tew Richard Ash by the payment of three pence at Easter to the said Swynfen Jervis.

And whereas I find that the lands of the said Township the whole of which are subject to payment of Tithes amount in estimate and statute measure to fifteen hundred and twenty acres which are cultivated as follows that is to say------

Five hundred acres as arable
One thousand and twenty acres as Meadow and pasture------

And whereas I have estimated the clear annual value of the said Act of Parliament and have also taken into account the rates and assessments paid in respect of such tithes during the seven years of average prescribed by the said Act.

And whereas I find that the undermentioned persons are severally owners of all the tithes both great and small or the customary payments in lieu thereof arising from or accruing due upon the lands specified in the Schedule to the award annexed that is to say------

Thomas Batkin of Fulford Farmer
Richard Beard of Fulford Farmer
William Blurton of Loughborough Gent
Charles Bromley of Stone Shoe Manufacturer
Richard Clarke Hill of Stallington Hall Esquire
Thomas Hughes of Windicote Gent
William Jervis of Longton Earthenware Manufacturer
John Marsh of Norton Farms
George Mellor of Barlaston Farmer
Sarah Sargent of Fulford Widow
Adam Walters Auctioneer
William Wood of Cheadle and wife Lydia Innkeeper

And whereas I find that William Milner of Worston in the said County Esquire is owner of the tithes of Corn and Grain arising from or accruing due upon one hundred and twenty four acres one rood and nineteen perches of his own lands in the said Township which are known by metres and bounds and comprise the whole of the Estate of the said William Milner in the said Township except the lands next herinafter described which belong to the said William Milner but are subject to the payment of tithes of Corn and Grain to Thomas Allen of Fenton Culvert in the said County Esquire and contain together thirty eight acres and twenty seven perches that is to say------

A. R. P.
The near Chapel Leasow containing 6 - 9
The middle Chapel Leasow containing 5 3 16
The far Chapel Leasow containing 6 1 15
White piece 6 2 3
Plantation - 2 32
Piece between Spinks 6 3 5
Long Croft or Cobwebs 5 3 27
total 38 - 27


And whereas I find that the said Thomas Allen is the owner of the tithes of Corn and Grain arising from or accruing due on all lands of the said Township except of the One hundred and sixty Acres two roods and twenty one perches which are set forth in the beforementioned Schedule and of the said One hundred and twenty four Acres one rood and nineteen perches which belong to the said William Milner-----------

And whereas I find that the said Richard Clarke Hill is entitled to the tithes of lamb wool pigs and geese accruing due upon the lands of the said Township except upon those lands which are included in the Schedule to this award annexed-----------

Now know Ye that I the said Joseph Townsend do hereby award that the several undermentioned sums by way of rent charge subject to the provisions of the said Act shall from the first day of January next preceding the confirmation of the apportionment of the said rent charge to be paid to the several undermentioned persons and to their respective heirs and assigns or to the persons entitled in remainder or reversion after each of them respectively that is to say-------------

Owners of tithes Rent Awards
Charles Bromley of Stone £1.7s.6d
Thomas Batkin of Fulford 2/-
Richard Beard of Fulford £1.7s.
William Blurton of Loughborough 21/-
Richard Clarke Hill of Stallington Hall £2
Thomas Hughes of Windicote £3
William Jervis of Longton £3.10s
George Mellor of Barlaston £1.7s.
William Wood of Cheadle and wife Lydia £1.7s
Sarah Sargent of Fulford £3.12s.
John Marsh of Norton Farms £4.5s.
Adam Walters – Auctioneer £2.9s.


Also to William Milner in lieu of corn and grain tithes £4
Also to William Allen in lieu of corn and grain tithes £53
Also to Richard Clarke Hill in lieu of lamb and wool, pig and goose £2
Also to Swynfen Jervis in lieu of all tithes £2.2s.

The foregoing several rent charges to be in not only in lieu of all tithes payable in kind but also in lieu of all moduses and composites real or prescriptive and customary payments payable in respect of all the lands of the said Township of Fulford----------

In Testimony whereof I the said Joseph Townsend do hereby affix my hand this thirtieth day of October in the year One thousand eight hundred and forty nine.

Signed

Joseph Townsend Assist. Tithe Comr.

Owners of tithes Name of Estate
Charles Bromley of Stone The Pease Byrtch
Thomas Batkin of Fulford Sprint Meadow
Richard Beard of Fulford The Madge Yard, White Field & Part of Hobberslades
William Blurton of Loughborough Part of Morrellow
Richard Clarke Hill of Stallington Hall Candy Hill, Further Field & New Field
Thomas Hughes of Windicote Harry’s Croft, Shelley Low & Shelley Dale
William Jervis of Longton Part of Morrelow
George Mellor of Barlaston The Barn Acres
William Wood of Cheadle and wife Lydia and Sarah Sargent Part of Far Hobbs, The Meadows, The Nether Field & The Sunny Slade
John Marsh of Norton Farms Two Rough Closes & Shelley Dale Croft
Adam Walters – Auctioneer Part of Morrelow Lane

And whereas a certain deed or declaration of Merger bearing date the thirtieth day of December One thousand eight hundred and fifty duly executed by the said William Milner has been confirmed by the said Tithe Commissioners on the third day of February One thousand eight hundred and fifty one whereby the said William Milner hath declared that the said rent charge of Four pounds so awarded to him as aforesaid shall not be apportioned but that the same and the tithes in respect of which it was awarded shall be absolutely merged and extinguished in the freehold and the inheritance of the lands in respect of which the said tithes were heretofore payable----------

And whereas more than six calendar months have expired since the day of the date of the confirmation of the said award and no apportionment of the rent charges awarded and remaining to be paid in lieu of tithes for the said Township of Fulford hath been sent to the office of the Tithe Commissioners by virtue of the power to that effect given to them by the said Act do hereby apportion the rent charge as follows--------------

Total area of the Township is One hundred and sixty acres two roods twenty one perches.

Imperial Bushels and Decimal parts of an Imperial Bushel of Wheat Barley and Oats

s d Bushels
Wheat 7 1/4d 81.06825
Barley 3 111/2d. 143.78948
Oats 2 9 206.96970

Signed T.W.Buller
Rd.Jones

Gross rent charge payable to the Titheowners in lieu of tithes for the Township of Fulford in the Parish of Stone in the County of Stafford.

To Charles Bromley £1.7.6
To Thomas Batkin 2.0
To Richard Beard £1.17.0
To William Blurton £1.1.0
To Richard Clarke Hill £2.0.0
To Thomas Hughes £3.0.0
To William Jarvis £3.10.0
To George Mellor and others £1.7.0
To Sarah Sargent £3.12.0
To John Marsh £4.5.0
To Adam Walters £2.9.0
To Thomas Allen £53.15.0
To Richard Clarke Hill £5.0.0
To Swynnfen Jervis £2.2.0
£85.7.6

The tithe map was certified by Wm. Blamire, T.W.Buller




Fulford Tithe Map - 1849


Based on the Tithe Map of Fulford, 1849 held at the Staffordshire Record Office.


The Fulford properties shown on the tithe map are:-

MAP REF. FULFORD PROPERTY DESCRIPTION OCCUPIERS NAME OWNERS NAME
219 House, outbuildings, and garden Richard Beard Thomas Hughes
243 Rickyard and garden In Hand Thomas Batkin
244 House and garden In Hand Thomas Batkin
245 House (Fulford House) and garden Mary Mayer Thomas Batkin
246 House, shop, and garden In Hand William Fenton
247 Cowhouse and yard In Hand William Fenton
249 2 houses and gardens George Farrall & another Richard Beard
252 House and garden Thomas Sargent Jnr. the late Thomas Allen
253 House and garden Thomas Cotton & another Richard Clarke Hill
254 Public House (Shoulder of Mutton) and garden Samuel Thomas Richard Beard
255 House and garden Samuel Cotton Richard Beard
256 House (part of Madge Yard) James Titley & another Richard Beard
257 Garden (part of Madge Yard) James Titley & another Richard Beard
259 Croft Samuel Cotton Richard Beard
261 House (Ivy House), outbuildings, and garden Thomas Jenkinson Joseph Jenkinson
263 Outbuildings and yard Benjamin Finney Richard Clarke Hill
264 House (Fulford Hall) yard & garden Benjamin Finney Richard Clarke Hill
266 Church (St.Nicholas) and yard In Hand Rev.William Oliver
267 House and garden Void Richard Clarke Hill
268 House and garden Void Richard Clarke Hill
272 2 houses and gardens John Titley & another the late Thomas Allen
275 Garden Thomas Davall Samuel Davall
276 Cowhouse, stable, and yard Thomas Davall Samuel Davall
277 House and garden John Tunniclifee & others Samuel Davall
279 House (Rose Cottage) In hand Thomas Jenkinson
280 House and garden In Hand Thomas Jenkinson
281 House and garden John Tunnicliffe & others Samuel Davall
282 John Tunnicliffe * others Samuel Davall
286 House and garden Richard Ash the late Thomas Allen
287 Garden In Hand Richard Ash
288 Garden Thomas Scarratt William Hall
289 Garden Thomas Swift William Hall
290 House (Crossfields Farm) & garden Thomas Scarratt William Hall
295 House (Olde House), outbuildings, and garden In Hand Sarah Sargant
297 House (Manor Farm) and garden John England Jnr. Thomas Allen
302 Outbuildings and yard John England Jnr. Thomas Allen
304 National School and yard Thomas Sargent Jnr. Thomas Allen
305 House and gardens Wm.Jenkinson & others Thomas Allen
306 House (Rocklands), outbuildings and garden John England Snr. Thomas Hughes
309 House and garden Wm.Jenkinson & others Thomas Hughes
310 Carthouse and yard In Hand Thomas Hughes
311 House and garden Wm.Jenkinson & others Thomas Hughes
463a Outbuildings and garden John Fairbanks Elizabeth Cook and others
466 House (Broom’s Farm) and garden John Fairbanks Elizabeth Cook and others
488 House (Fulford Manor Farm), outbuildings and rickyard George Swift Richard Clarke Hill
489 Gardens George Swift Richard Clarke Hill

The tithe map is certified by Wm.Blamire J.W.Buller

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