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Exchequer Bills and Answers (PRO E112.645 piece 62 Hannah Ashwell v Jn Crowe)

26.5.3WmM easter term (Tuesday 26 May 1691)

document 18700243

to the right honourable Rich Hampton esq chancellor and under treasurer of the court of exchequer sir Robt Atkyns knight of the bath chief baron and the rest of the barons there complaining showeth unto your lordship Hannah Ashwell widow administratrix of the goods and chattels debts and credits of Nich Ashwell clerk deceased debtor and accountant unto their majesties as by the records of this honourable court appeareth that in the year 1685 the said Nich Ashwell was lawfully instituted and inducted into the vicarage of Earls Colne in the county of Essex and from thence forth until the time of his death which happened in the month of     1690 he continued vicar there and did duly execute the said cure in praying preaching and administering the holy sacraments and did faithfully enjoy and receive the tithes both great and small of most of the inhabitants of the said parish as due to him by law and the said Nich ought to have had and received both the tithes both great and small yearly arising and renewing in and upon a certain farm and lands situate in Earls Colne aforesaid commonly called Mallorys or Claypits or otherwise being of the yearly value of 25li at least and containing by estimation 60a at least which do by law belong to the said vicar that in the several years 1687 1688 1689 and 1690 Jn Crowe yeoman was and yet is occupier of the said farm and lands and in every of the said years mowed and made into hay 10a of grass parcel thereof which said hay was worth yearly 10li and in every of the said years the said Jn Crowe sowed reaped mowed and carried away upon of and from the said farm and premises 5a of wheat worth 10li 10a of rye worth 12li 10a of barley worth 10li 8a of pease worth 8li and 12a of oats worth 10li without setting out the tithe thereof or without making any composition or agreement with the said Nich Ashwell for the same the tithes of all which grass and corn do amount to the sum of 6li yearly and further the said Jn Crowe during every of the same years kept in and upon the premises divers cows which had calves divers sheep which had lambs sows which had pigs and divers other cattle and divers fowls and divers other goods and cattle titheable which did yearly arise in and upon the premises the tithe whereof being worth 10li ought to have been delivered and satisfied to the said Nich but the said Jn Crowe pretending that it is against his conscience to pay tithes during every of the same years did not pay the tithes in specie or give unto the said Nich in his lifetime or to your oratrix since his death any satisfaction for the same all which matters and things are contrary to law justice equity and good conscience and your oratrix further showeth your honours that the said Nich Ashwell died intestate whereupon administration of his goods and chattels debts and credits was lawfully granted unto your oratrix and she bringeth and produceth into this honourable court the said letters of administration in tender consideration of the premises and for as much as your oratrix knoweth not the particular sorts of corn cattle and tithes that during the same years did happen arise and grow due to the said Nich or the true value thereof nor can she discover the same without the help of this honourable court her witnesses that could prove the same being dead or in places beyond the seas or places unknown to your oratrix but she hopeth the said Jn Crow will discover upon his oath the truth thereof and for as much as your oratrix doth hereby disclaim to take or receive treble the value of the said tithes and she is willing to receive the single value thereof only with her reasonable cost and charges in suing for the same and to the end the said Jn Crowe may upon his corporal oath set forth what tithes great or small did arise happen or become due during the same years and every of them in upon or by reason of the said farm lands and premises with particulars and true value of the same and that he may make a clear perfect and sufficient answer unto all and singular the matters and things herein truly alleged as fully and distinctly as if he had been particularly interrogated unto the same and to the end the said Jn Crowe may be compelled by the decree of this honourable court to pay and satisfy unto your oratrix the true single value of the said tithes with her charges in this honourable court and that your oratrix may be relieved in all and singular the premises according to equity and good conscience whereby she may be enabled to pay her debts due to their majesties may it please your lordship to grant unto your oratrix their majesties gracious writ of subpoena to be directed to the said Jn Crowe thereby commanding him at a certain day and under a certain pain therein to be limited personally to be and appear before your lordships in their majesties court of exchequer at Westminster then and there to answer the premises and further stand to and abide such order and direction therein as to your lordship shall seem meet and equitable W Eldred Jo Turton fiat breve subpoena