Exchequer Bills and Answers (PRO E112/645 piece 79 Hen Abbott v Thos Nichols and Arth Butcher)

michaelmas.3WmM michaelmas term (1691)

document 18700288

to the right honourable Rich Hampton esq chancellor and under treasurer of their majesties court of exchequer sir Robt Atkyns knight of the bath lord chief baron of the same court and the rest of the barons there humbly complaining showeth unto your lordships your orator Hen Abbott of Earls Colne Essex debtor and accountant to their majesties as by the records of this court and otherwise it doth and may appear that your orator is and for the space of two years last past hath been seised in fee simple or otherwise lawfully possessed of and in one full moiety of half part of the impropriate rectory of Great Coggeshall and Little Coggeshall in the county of Essex and the vicarage of Little Coggeshall aforesaid and duly and legally entitled to the moiety or half part the great and small tithes of Great Coggeshall and Little Coggeshall and ought to have had and received and enjoyed and still to receive and enjoy the full moiety or half part of all tithe corn hay wood hops calves cheese lambs wool fruit and of all other tithes both great and small and mixed of what nature or kind soever from time to time arising renewing or growing within the parish of Great and Little Coggeshall aforesaid or the titheable places thereof or some great composition or sum of money for the same and your orator further showeth that Thos Nicholls of Little Coggeshall aforesaid yeoman and Arth Butcher of Little Coggeshall miller ever since michaelmas.1689 till this time were possessed and did occupy each of them in each of the said years in the said parishes or titheable places or in some or one of them 10a or some other great quantity of land sown with wheat 15a or some other great quantity of land sown with barley 8a or some other great quantity of land sown with peas 9a or some other great quantity of land sown with oats 10a or some other great quantity of land sown with turnips and 20a or some other great quantity of mowing grass cut and made into hay within the parish and titheable places aforesaid and each of them also during the said two years now last past had and kept upon the said respective grounds in the parishes aforesaid or one of them great numbers of dry and barren cattle of their own and yearly took in great numbers of other persons cattle to agist and depasture upon the said lands of all which the moiety of the tithes ought to have been paid unto your orator and they had and kept each of them in each of the said years in the parishes and places aforesaid or in one of them fifteen or some other great number of cows from which they have gained twelve or some other great number of calves fifty or some other great number of sheep from which they have gained forty or some other great number of lambs and the said persons in the said years had yearly great quantities of apples pears plums and other fruit within the said parishes or titheable places or in some or one of them the moiety or half of the tithes of which said apples and other fruit of each of the said persons was worth 40s and the half part of the tithes of the said lambs of each of the said persons worth 20s and of the wool of the said sheep of each of the said persons was worth 10s and the half of the tithes of the said wheat growing on each of the 10a was worth 46s and of the said barley growing on each of the said 15a was worth 35s and the said peas growing on each of the said 8a was worth 16s and of the said oats growing on each of the said 9a was worth 15s and of the said turnips growing on each of the 10a was worth 20s and the half part of the tithe of the said hay growing on each of the said 20a was worth 5li and the said Arth Butcher for and during the time aforesaid had and kept within the said parishes and titheable places aforesaid or in one of them one corn mill and one fulling mill and thereby the said Arth did yearly during the time aforesaid raise great profits and advantage to himself the moiety or half part of the tithe or tenth of the profit of the said corn mill and fulling mill being of the yearly value of 40li or thereabouts which the said Arth Butcher ought yearly to have paid your orator the moiety or half part of all which said tithes in kind before mentioned your orator ought to have had and received of and from the said Thos Nichols and Arth Butcher or some rate payment recompense or satisfaction for the same but now so it is may it please your lordship that the said Thos Nichol and Arth Butcher by combination and confederacy between themselves intending to defeat and defraud your orator of his just right in the premises carried away all the wheat barley peas oats turnips and hay growing upon the said several lands without setting forth the tithe or any part of the tithes thereof and detained and hath never paid any of the said lambs wool peas apples and several other titheable things aforementioned due sometimes alleging that there is some small composition for all the tithes within the said parishes but refused to discover such modus or composition and at other times pretending that they have paid your orator or otherwise given him satisfaction for the same whereas in truth there is not any such modus or composition but tithes are really due in kind and no manner of satisfaction hath been given to your orator for the same or any part thereof by reason whereof your orator is the less able to satisfy their majesties all which doings of the said confederates are contrary to equity and good conscience in tender consideration whereof for that your orator is remediless in the premises except in this honourable court not knowing the certain quantities kinds or values of the said tithes and your orator is willing to take the single value of the moiety of the said tithes and doth not insist to have or demand the treble values thereof to the end therefore that the said Thos Nichols and Arth Butcher may severally and respectively true and perfect answer make to all and singular the premises upon their several corporal oaths and may particularly set forth and discover how may acres of land they or either of them held and sowed with corn within the said parishes in the times aforesaid and how much thereof was sown with wheat how much with barley how much with peas how much with oats and how much with turnips and how many acres mown and made into hay and the true values thereof and how many cows they respectively kept in the said parishes or either of them and what number of calves how many sheep and what lambs each of them had of the said cows and sheep and what tithes in particular of any sort whatsoever did happen to arise or renew by reason of any cows sheep or other titheable matters and things by each of them had and kept within the said parishes in the times aforesaid and the particular values of the same and that the said Arth may also set forth whether he did not occupy the said parishes or one of them a corn mill and a fulling mill and may set forth what yearly profit he yearly made by the same and either of them and what the values of the tithes of the said mills and either of them was yearly worth and that the said confederates may be compelled by the decree of this honourable court to pay and satisfy your orator for the moiety or half part of the tithes detained by them aforesaid and that your orator may be relieved in all and singular the premises according to equity and good conscience may it please your lordship the premises considered to grant your orator their majesties process of subpoena under the seal of this honourable court to be directed to the said Thos Nichols and Arth Butcher thereby commanding them etc Jn Cock fiat breve subpoena R Lechmergh