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Exchequer Bills and Answers (PRO E112/579 piece 108 Nich Ashwell v Jn Crowe)

michaelmas.4Jas2 michaelmas term (1688)

document 18700180

to the right honourable sir Jn Earle knight chancellor and under treasurer of his majesties court of exchequer at Westminster sir Edw Atkyns knight lord chief baron of the same court and the rest of the barons there humbly complaining showeth unto your lordships your daily orator Nich Ashwell clerk vicar of the parish church of Earls Colne debtor and accountant to his majesty for the 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 hath ever since continued lawful incumbent there and hath faithfully served the cure there by reason whereof he is lawfully entitled to have and receive of the persons hereafter named from the death of Ralph Josselin clerk last incumbent of the said vicarage who died 24.8.1683 until this present time all the tithes both great and small arising being and renewing upon and out of the several lands and tenements lying in the said parish of Earls Colne hereinafter mentioned together with the yearly offerings and other profits due from them as the said Ralph Josselin and other your orator's predecessors have had and enjoyed the same and your orator further showeth your lordship that Jn Crowe Wm Fossett and Simon Rushebrooke in the several years herein after respectively mentioned were and some of them still are inhabitants within the said parish and occupiers owners and farmers of divers lands meadows and pasture grounds hereinafter particularly expressed lying within the said parish of Earls Colne and the titheable places thereof and during the same years respectively had and made the several and respective profits arising and renewing out of their several lands which are hereinafter likewise particularly set forth that is to say that the said Jn Crowe in 1687 did hold and occupy one messuage or farm and certain arable lands meadow bottoms and pasture ground containing in the whole by estimation 60a lying and being in the said parish of Earls Colne and the titheable places thereof and that during the same 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 the rate of 2s in the pound 3li and likewise during the same time the said Jn Crowe cut divers acres of grass and kept upon the same farm six cows twenty sheep divers horses colts hogs pigs poultry and other cattle which cows had divers calves the sheep had lambs and the other cattle did breed and increase the sheep were clipped and divers cheeses were made of the milk of the said cows and other profits and advantages were made of the said lands the tithes of all which being worth 30s and ought to have been answered to your orator and moreover the said Jn Crowe during the same time did make other profits and advantages arising out of the said several lands the tithes whereof ought to have been paid and answered unto your orator and the said Wm Fosset in the several years 1687 and 1688 held and occupied a messuage and 40a of land meadow and pasture ground lying and being in the said parish of Earls Colne and the titheable places thereof and that during the same time the said Wm Fosset sowed and reaped on the same lands several acres of wheat rye mislain barley peas and other grain and carried away the same without setting out the tithes thereof or allowing any satisfaction for the same which was well worth at the rate of 2s in the pound for the said two years the sum of 4li and likewise the said Wm Fossett during the same time cut divers acres of grass and kept upon the same lands eight cows twenty sheep divers horses colts hogs pigs poultry and other cattle which said cows had divers calves 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 the tithes of all which being worth 20s and ought to have been answered to your orator and moreover the said Wm Fossett during the same time did make divers other profits and advantages arising out of his said several lands the tithe whereof ought to have been paid and answered unto your orator the said Simon Rushbrooke in the years 1687 and 1688 held and occupied a messuage and yard and 20a of land and pasture ground lying and being in the said parish of Earls Colne and the titheable places thereof and that during the said time the said Simon Rushbrook sowed reaped and mowed on the same land several acres of wheat rye mislain barley oats peas and other grain and carried away the same without setting out the tithes thereof or allowing any satisfaction for the same which was yearly well worth 20s and likewise the said Simon Rushbrook during the same time cut in and upon the same lands or some part thereof divers quantities of grass and made the same into hay and kept upon the same lands divers horses colts hogs sows pigs and other cattle titheable and had upon the same lands yearly divers turkeys geese hens and other poultry roots apples pears and other fruit and likewise had divers other profits and advantages arising out of the same lands during the same years the tithes of all which being well worth 10s and ought to have been answered and paid unto your orator but now so it is may it please your honours that the said Jn Crowe Wm Fossett and Simon Rushebrook and every of them contriving together to hinder your orator from having and enjoying the just maintenance of tithes which by law he ought to receive and thereby to discourage him in his ministry and disable him to perform the same did during the several and respective years aforesaid and every of them subtract withdraw and withhold the said tithes arising out of the said several farms and lands and have not made any payment or satisfaction for their respective tithes justly due as aforesaid and they and every of them do or during every the aforesaid years respectively have not made or paid to your orator their several oblations and offerings due to your orator and the said Jn Crowe Wm Fossett and Simon Rushbrooke and every of them do hide and conceal their particular tithes whereby your orator cannot tell the certainties particulars or values of the same in tender consideration whereof and for that your orator is remediless in the premises without the help of this honourable court because he cannot otherwise discover the truth of the premises in as much as his witnesses who should prove the matters and things aforesaid are dead or in places beyond the seas or remote and unknown unto your orator and to the end your orator may by decree of this court recover his said tithes and thereby be enabled to pay his said debts due unto his majesty and to the end the said Jn Crow Wm Fossett and Simon Rushbrook and every of them may set forth on their corporal oaths what lands tenements they and every of them respectively hold or held and enjoyed within the said parish of Earls Colne and for how many years and what years what wheat rye barley oats peas and other grain and how many acres they severally had growing arising renewing and being upon the said several lands in the said several and respective years and the value thereof and whether they did not cut reap mow and carry away the same what grass they or any of them mowed or made into hay in the several and respective years they respectively held the same lands with the value thereof what cows sheep hogs and other cattle titheable every of them respectively had upon the same lands with the value thereof and what and how many and how much calves lambs pigs wool roots fruits and what other profits benefits and advantage they and every of them respectively had received and made of or that did yearly arise renew accrue or happen in out o r upon the same several lands meadows meadow bottoms pasture grounds and premises held by them as aforesaid during the said several and respective years together with the true value of the said tithes and the said cattle wool fruit and other the profits aforesaid and to the end the said confederates be compelled by this court to pay all their just tithes and answer other respective offerings to your orator and may true answer make to all and singular the premises and your orator may be therein relieved according to equity and good conscience may it please your lordship to grant a writ of subpoena etc Jn Eldred fiat breve subpoena Edw Atkyns (inserted)