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in kind for honey, payable as in the bill. That he has been Vicar of the said parish of Croydon, for seventeen years last past, and knows nothing more of the said customs than as aforesaid; and denies combination, or that he ever endeavours to overthrow any custom; confesseth the suit in chancery in the bill mentioned, and that witnesses were examined, and a decree obtained; denies he has used any indirect means for recovering of the said tithes, as by the said answer more at large appears. To which answer the plaintiffs replied, and the defendant rejoined, and witnesses were examined on both sides, and publication duly passed, and the cause, being in the paper of causes, came to be heard on the fourteenth day of July last past; where, upon opening of the said plaintiffs by Mr. Lane, of counsel with the plaintiffs, and of the defendant's answer by Mr. Ward, of counsel with the defendant; the defendant's counsel insisting that the plaintiffs ought to add a greater number of parishioners, plaintiffs to the bill; it was then ordered by the Court, that a certain number of the parishioners to about fifty, should subscribe their hands and seals to an instrument, or writing, purporting their consent to this suit. And the cause being continued in the paper of causes, came further to be heard this day, before the Right Honourable William Mountague, Lord Chief Baron, Sir Thomas Raymond, Knt. and Sir William Gregory, Knt. and three other of the Barons of this Court. Now upon opening of the plaintiffs' bill by Mr. Lane, of counsel with the plaintiffs, and the defendant's answer by Mr. Ward, of counsel with the defendant, and on reading an instrument of subscription, under the hands and seals of about two hundred of the parishioners, whereby it appeared that the said parishioners were consenting, and did thereby humbly pray, that the said bill of complaint might be taken to be the bill of complaint of them the said subscribers, as fully, to all intents and purposes, as if their names had been particularly enumerated therein. And on hearing Sir Robert Sawyer, Knt. one of his Majesty's counsel learned in the law, Sir George Jefferies, Knt. and Mr. Jenner, of counsel with
the plaintiffs; and Mr. Williams, and Mr. Smith, of counsel with the defendant, and upon reading of the proofs taken in the cause; it is this day ordered, adjudged, and decreed by the Court, that the modus insisted on by the plaintiffs, and all other the inhabitants of Croydon, as to the particulars hereinafter mentioned, be established and settled; and that the plaintiffs and all the other inhabitants do pay unto the defendant for the matters after mentioned as followeth, viz. the sum of four-pence only, and no more, for and in lieu of the tithe of an horse mare or colt; and for the tithe of the sign of every inn or alehouse within the said parish of Croydon, six-pence only, and no more; and for the tithe-milk of every cow going and depasturing within the said parish, four-pence only, and no more. And this Court is of opinion that the modus for the proceed of a cow extends only to milk; and the plaintiffs paying according to that modus, are to be discharged of tithemilk; and the Court is of opinion that tithe-calves ought to be paid in kind; and for the tithe of every dry bullock going and agisting within the said parish, two-pence only, and no more; and the plaintiffs, and all other the inhabitants, are to pay unto the defendant their arrears of the tithes aforesaid, according to the rates before mentioned, without costs on either side; and as for the lambs, the parishioners are to pay four-pence only, and no more, for every lamb, which fourpence is to be shared between the Parson and the Vicar, according to former usage within the said parish; and it is further adjudged and decreed by the Court, that the said defendant shall accept of the said rates and sums of money, for, and lieu of the tithes before mentioned, during so long time as the said defendant shall continue Vicar of Croydon, and not demand or receive of and from the said parishioners of Croydon, any greater or other sum or sums of money whatsoever, and as to all other matters in said bill contained, and not hereby decreed, the plaintiffs' bill is disi issed.
A table of fees, as decreed by the Barons of the Exchequer, in 1679 to be paid to the Vicars of Croydon.
For every horse, mare, or colt.
For every sign at an inn or alehouse
For the tithe-milk of every cow depasturing in the
The Court is of opinion that calves should be paid in kind.
The tithe of every dry bullock going and agisting
in the said parish.
The tithe for lambs to the Rector
Any person dying in the parish, and buried in the church-yard of the same.
£. s d.
The decree of the Court in Sergeant's Inn Hall, Fleet-street, 1681, adjudges that calves should be paid in kind.
The decree obtained by Heathfield and Webb, in Lincoln's Inn Hall, July 2d. 1743, establishes both the former decrees; and further orders that the tithes for pigs, if seven or more, should be one to the Vicar; and more, if under seven,
0 0 2
0 0 2
£. s. d.
For a man and his wife
For a single man, if sixteen years old, or upwards 0 0 4 For a single woman
0 0 3
The decree of the Court at Sergeant's Inn, 1681,
Termino S. Hillar. Anno 33 et 34 R. R. Car. Secundi.
Lunæ, die 20. Februarii.
WHEREAS William Clewer, Doctor in Divinity, in Easter term, in the 32d. year of his now Majesty's reign, did exhibit his English Bill in this Court against Henry Pullen, William Cumber, William Thompson, and John Constable; thereby setting forth, that the plaintiff, for about twenty years before, setting forth the plaintiff's bill, was duly instituted and inducted into the vicarage of Croydon, in the county of Surrey, and by virtue thereof was duly entitled to all vicarage tithes, and customary rates and payments payable to the Vicar of the said parish of Croydon, for the time being; that the defendant Pullen, for seven years before the exhibiting of the plaintiff's Bill, did enjoy great quantities of land within the said parish, and digged some of the said ground, and ploughed the other part of the said ground, and sowed the same with carrots and turnips, and other matters, whereof the said tithes were dae and payable to the plaintiff, and that there was due unto him in each of the said years from the defendant Pullen, for the tithes of pigs and horses, considerable sums of money, and also for offerings; that there was due from the defendant Thompson, in each year, for seven years before the exhibiting of the plaintiff's bill, for tithe calves, for cows, at four-pence a cow, for tithe-milk, of his orchard-tithe, of wool, dry beasts, horses, pigs, honey, wax, colts, and other titheable matters, several considerable sums of money; that there was due from the defendant Cumber, to the complainant, for seventeen years
before the exhibiting of the plaintiff's bill, each of the said years; for the title of his orchard, for his trade, for offerings for himself, his wife and daughters, several considerable sums of money; that there was due to the complainant from the defendant Constable, for tithe-milk, tithe of calves, wool, lambs, geese, honey, wax, poultry, colts, bullocks, pigs, tithe of his orchard, and for offerings for himself and his wife, for the year 1679, ending at Easter, 1680, several sums of money; that the defendants respectively refused to discover the quantities, qualities, and values of their tithe, and customary rates and payments due and payable by them respectively unto the complainant, and to pay the same. To the end therefore that the defendants might respectively discover the same, and that the plaintiff might be enabled by the decree of this Court, to recover the same, the said complainant prayed process of this court to be awarded against the said defendants; and the defendants being served with process, appeared and answered; and the plaintiff replied, and issue being joined, witnesses were examined on both sides, and published; and the cause being put into the paper, came to be heard this day in Sergeants' Inn Hall, in Fleet-street. Now upon opening the plaintiff's bill, and the defendants' answer, by counsel on both sides, and upon reading the depositions of several witnesses taken in the cause and much debate of the matters in controversy; this Court doth order, decree, and declare, that the plaintiff ought to have tithe-calves in kind, for all calves fallen in the said parish of Croydon; and also tithe of all turnips and carrots, and onions, and such other matters sowed in the common fields, and elsewhere, within the said parish. And it is this day ordered and decreed by this Court, that it be referred to the deputy remembrancer, to state an account between the plaintiff and defendants in manner following; and that the defendants shall respectively account with the plaintiff in manner following, and satisfy, and pay unto the plaintiff, what shall be due upon such account, viz. the defendant Pullen is to account for the tithe of his pigs, and