Exchequer Bills and Answers (PRO E112/578 piece 25 Nich Ashwell v Jn Crowe etc)

1Jas2 easter term (1685)

document 18700101

to the right honourable Lance earl of Rochester lord high treasurer of England sir Jn Earl knight chancellor and under treasurer of his majesties court of exchequer at Westminster Wm Montagu lord chief baron and the rest of the barons there humbly complaining showeth your lordship your daily orator Nich Ashewell clerk vicar of the parish church of Earls Colne in the county of Essex debtor and accountant to his majesty for his tenths and otherwise as by the records of this court and otherwise may appear that on or about 3.11.1683 your orator was duly instituted and inducted into the said vicarage and ever since continued lawful incumbent thereof and hath faithfully served the cure there by reason whereof he is lawfully entitled to have and receive of the persons herein after named from the death of Ralph Josselin clerk the last incumbent of the said vicarage who died 24.8.1683 until the present time all the tithes both great and small arising and being and renewing upon or out of their several lands and tenements lying in the said parish of Earls Colne herein after mentioned together with the yearly offerings and other profits due from them and the said Ralph Josselin and other of your orators predecessors have had and enjoyed the same your orator saith that Jn Crowe at the time of the death of the said Ralph Josselin and ever since was and is occupier of one messuage and farm and certain arable lands meadow and pasture ground containing together by estimation 50a lying and being in the said parish of Earls Colne and the titheable places therein and that during the said time the said Jn Crowe sowed and reaped upon the same lands several acres of wheat rye mislain barley oats peas and other grain and carried away the same without setting out the tithes thereof which was well worth 40s and without making any composition or agreement with your orator for the same and likewise during the same time the said Jn Crow cut divers acres of grass and kept upon the said farm six cows twenty sheep divers horses colts hogs pigs poultry and other cattle which cows had divers calves and the sheep had lambs and other cattle did breed and increase the said sheep were clipped and divers cheeses were made of the milk of the said cows and several other profits and advantages were made of the said lands and tithes of all which being worth 20s ought to have been answered to your orator and your orator further showeth that Jn Balls during the same time was farmer or occupier of a farm and 20a of land lying and being in Earls Colne aforesaid and the titheable places thereof and that during the same time the said Jn Balls sowed and reaped upon the same lands several acres of wheat rye mislain barley oats peas and other grain and carried away from the same without setting out the tithes thereof which was well worth 20s and without making any composition or agreement with your orator for the same and during the same time the said Jn Balls cut and made divers acres of grass and kept upon the said farm divers cows sheep and cattle which cows had calves sheep had lambs etc and several other profits and advantages were made by the cattle and poultry upon the said farm and divers small tithes were renewing thereupon which being worth 10s at least ought to have been answered to your orator and your orator said that though he hath often in a friendly manner requested the said Jn Crow and Jn Balls to pay their several tithes yet they or either of them have not paid their said tithes great and small or any part of them and yet do refuse to give a true account thereof or to pay the same all which matters and things are contrary to justice equity and good conscience in tender consideration whereof and for as much as your orator knoweth not the particulars of the said tithes and cannot discover the same without the help of this honourable court and to the intent the said Jn Crowe and Jn Balls may upon their oaths set forth the particulars of their several tithes during the same time growing and arising and renewing upon the said respective farms and lands with the true value of the same and may be compelled by decree of this court to pay the same to your orator whereby he may be enabled to pay his just debts to his majesty and that they may true and particular answer make to all and singular the premises as if they had been particularly interrogated thereunto and that your orator may be relieved in all and singular the premises according to equity and good conscience may it please your lordships to grant a writ of subpoena etc Jn Eldred fiat breve de subpoena Edw Atkyns