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Earls Colne Tithe Award (ERO D/CT101A)

1838 (1838)

document 90000005

Apportionment of the rent-charge in lieu of tithes in the parish of Earls Colne in the county of Essex (stamped received 12.8.1840 )

Whereas an agreement for the commutation of tithes in the parish of Earls Colne in Essex was on the 21.1.1838 confirmed by the tithe commissioners for England and Wales of which agreement with the schedules thereunto annexed the following is copy

Articles of agreement for the Commutation of the Tithes of the parish of Earls Colne in the County of Essex pursuant to the Act for the Commutation of Tithes made and executed at a Parochial meeting duly called and holden in the said Parish and adjourned and holden by adjournment 11.5.1838 by and between the several persons tithe owners within the said parish by whom and by whose agents duly authorised in that behalf this agreement is executed and the interest of which tithe owners in the tithes of the said parish is not less than two thirds of the Great ant two thirds of the Small tithes of the said parish of the one part and he several persons landowners and substitutes according to the provisions of the said Act for landowners within the said parish by whom and by whose agents duly authorised in that behalf this agreement is executed and the interest of which landowners in the lands of the said parish is not less than two thirds of the lands subject to tithes of the other part

The parish of Earls Colne aforesaid contains in the whole by estimation and including the glebe lands 2,897a11p

The true quantity of land subject to tithes within the parish which is now cultivated as arable meadow or pasture or as wood land or otherwise is as follows

arable land = 2273a1r11p

meadow or pasture = 263a1r6p

wood land = 270a1r4p

hop ground = 16a

market garden = 40a

gardens belonging to cottages and seiks of cottages etc. 33a22p

No modus or composition real or prescriptive or customary payment is payable instead of all or any of the tithes of the said parish

The glebe lands which when not in the manurance or occupation of the vicar himself are subject to the payment of tithes contain 1a3r

A certain farm and lands called Hungry Hall and Hams Farm and a certain piece of meadow called Kemborne Meadow containing together 357a26p in the several occupations of Jonathan Hutley and Jas Houghton and of which the trustees of the late Wm Phil Honywood esq are owners

And also certain lands called Hall Meadow and Games containing 20a3r36p in the occupation of Wm Woodward and of which Rich Horsman Solly esq is owner are exempt by prescription from the payment of vicarial tithes

No other lands of the parish are exempt from the payment of any tithes

Hen Holgate Carwardine esq is the impropriator and owner of the great tithes of certain lands in the said parish (of which he is also owner) called the Priory Lands , certain parcels of Milles's Farm and other lands containing together by estimation 421a7p as the same are particularly mentioned and described in the schedule hereunder written marked with the letter 'A'.

The trustees of the late Wm Phil Honywood are impropriators and owners of the great tithes of certain lands (of which they are owners) called Hungry Hall and Kemborne Meadow containing together by estimation 357a26p as the same are particularly mentioned and described in the schedule hereunder written and marked with the letter 'B'.

Rich Horsman Solly is impropriator and owner of the great tithes of certain lands in the said parish (of which lands he is also owner) being part of Tile Kiln Farm , Pound Farm , Chalkney Wood and other lands containing together by estimation 304a2r, as the same are particularly mentioned and described in the schedule hereunder written marked with the letter 'C'.

Joseph Hagan Dell impropriator and owner of the great tithes of certain lands in the said parish (of which he is also owner) containing by estimation 8a3r7p as the same are particularly mentioned and described in the schedule hereunder written marked with the letter 'D'.

the Rev Robt Watkinson is impropriator and owner of the great tithes of certain lands in the said parish (of which lands he is also owner) containing by estimation 3a3r9p as the same are particularly mentioned and described in the schedule hereunder written marked with the letter 'E'.

Robt Hills esq is impropriator and owner of the great tithes of a certain close of land in the said parish (of which close of land he is also owner) called Callys containing by estimation 18p as the same is particularly mentioned and described in the schedule hereunder written marked with the letter 'F'

the said Robt Watkinson as vicar of the said parish of Earls Colne is entitled (under a certain deed of endowment bearing date 18.2.1673 and a certain indenture of lease bearing date 29.9.1829 made under the authority of the said deed) to and owner of the great tithes of all the other lands in the said parish except as before mentioned, nevertheless upon a certain special condition in the said lease expressed that is to say that the vicar for the time being do not claim the vicarial tithes upon certain land and mills in the said parish were formerly of Rich Harlakenden esq and of which said lands and mills the said Hen Holgate Carwardine , the said trustees of Wm Phil Honywood , the said Rich Horsman Solly , Joseph Hagan Dell , Robt Watkinson and Robt Hills are now the owners and which said lands and mills are particularly mentioned and described in the schedule hereunder written and marked with the letter 'G'.

and the said Robt Watkinson is also as vicar of the said parish entitled to all the small tithes of the said parish except as before mentioned.

and it is hereby agreed that annual sum of £95 by way of rent charge (subject to the provisions of the said Act) shall be paid to the said Hen Holgate Carwardine and his heirs and assigns instead of the great tithes of the before mentioned lands belonging to him and containing 421a7p

and it is further agreed that the annual sum of £73.15s by way of rent charge (subject to the provisions of the said Act) shall be paid to the trustees of the late Wm Phil Honywood and to their heirs or assigns or to those legally entitled under the said trusts instead of the great tithes of the before mentioned lands belonging to them and containing 357a26p

and it is further agreed that the annual sum of £70 by way of rent charge (subject to the provisions of the said Act) shall be paid to the said Rich Horsman Solly his heirs or assigns instead of the great tithes of the before mentioned lands belonging to him and containing 304a3r

and it is further agreed that the annual sum of £2.15s by way of rent charge (subject to the provisions of the said Act) shall be paid to the said Joseph Hagan Dell his heirs or assigns instead of the great tithes of the before mentioned lands belonging to him containing 8a3r7p

and it is further agreed that the annual sum of £1.4s by way of rent charge (subject to the provisions of the said Act) shall be paid to the said Robt Watkinson his heirs or assigns instead of the great tithes of the before mentioned lands belonging to him and containing 3a3r9p

and it is further agreed that the annual sum of 9d by way of rent charge (subject to the provisions of the said Act) shall be paid to the said Robt Hills his heirs or assigns instead of the great tithes of the before mentioned close of land belonging to him containing 18p

and it is further agreed that the annual sum of £476 by way of rent charge (subject to the provisions of the said Act) shall be paid to the said Robt Watkinson and his successors as vicars of the said parish instead of the great tithes of all the lands in the said parish (except the lands specified in the said schedules marked with the letters A,B,C,D,E and F and except the glebe) subject nevertheless to and upon the condition set forth in the before mentioned deeds of endowment and lease respectively

and it is further agreed that the annual sum of £140 by way of rent charge (subject to the provisions of the said Act) shall be paid to the said Robt Watkinson and his successors as vicars of the said parish instead of the small tithes of all the lands in the said parish (except the lands herein before mentioned as free from vicarial tithe and also except the lands mentioned and described in the said schedule hereunder written marked with the letter G - and except for the glebe)

and it is further agreed that the annual sum of £54 by way of a conditional rent charge (subject to the provisions of the said Act) shall be apportioned upon the mills and lands which were the property of mr Rich Harlakenden at the date of the endowment herein before mentioned and which said mills and lands are particularly mentioned and described in the schedule hereunder written marked with the letter G and which last mentioned rent charge shall be paid to the said vicar and his successors instead of the small tithes arising from the said mills and lands in case the said vicar or any of his successors shall think proper to claim the same avoiding thereby his right to the great tithes granted to him and his successors by the said endowment

and it is further agreed that the annual additional sum of 15s shall be payable by way of rent charge to be paid to the said vicar and his successors instead of the great and small tithes of the glebe lands of the said parish whenever the said glebe shall not be in the manurance or occupation of the vicar himself which said sum of 15s shall be distinctly apportioned upon the said glebe and in such apportionment it shall be specified how much of the said last mentioned sum shall be payable in respect of the rectorial and how much in respect of the vicarial tithe of the said glebe

and whereas the several rent charges herein before agreed upon include the tithe of all the lands in the said parish which are at present cultivated as hop grounds or market gardens. It is hereby further agreed that the rent charge upon the same lands shall be distinguished into two descriptions, an ordinary and an extraordinary rent charge. And that if any such lands shall hereafter cease to be cultivated as hop grounds or market gardens and shall be restored to an ordinary course of husbandry they shall then be subject only to the ordinary charge per imperial acre and that the said annual rent charges respectively shall be to that extent reduced and on the other hand if any lands within the said parish shall after the date of this agreement be newly cultivated as hop grounds or market gardens the same shall be subject to an extraordinary rent charge per imperial acre and the said annual rent charges respectively shall be to that extent increased, and that the proportion betwe en such ordinary and extraordinary charge shall be fixed by the tithe commissioners for England and Wales according to the discretion given to them by the said Act for commutation of tithes

and it is further agreed that the several lands in the said parish shall be discharged from the payment of tithes and that the respective rent charges shall commence from 1.10.next preceding the confirmation of the apportionment of the said rent charges

in testimony whereof the said parties to these presents or their respective agents thereunto duly authorised in their names and on their behalf have to these presents subscribed and set their respective hands and seals (Rate of 8s per imperial acre for extraordinary rent charge on hop ground 4.9.1840 )