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that is to say, as to all titheable matters and dues claimed by the said bill, touching which any modus or customary payment is settled or established by the decrees of the Court of Exchequer of the 19th of February, 1679, and of the 20th of February, 1681, or either of them, according to such modus or customary payment; and as to the tithe of pigs, plaintiff is to be paid or allowed in the said account, one pig out of every farrow, where the farrow amounts to seven, or more, but where any farrow of pigs is under the number of seven, the plaintiff is not to have any allowance or payment for the tithe of such farrow, such tithe pig to be delivered at the time of its being seven weeks old, or sooner, if demanded; and his Lordship doth declare that no tithe is due for turnips sown within the said parish, and not drawn, but fed off the land by cattle used for the plow, or by cattle, or sheep, yielding any other kind of tithes within the said parish; but that as to all other turnips sown wihin the said parish, the Vicar is entitled to the tithe thereof; and as to burial fees, it is ordered and decreed that the plaintiff be paid or allowed the fee of two shillings, for every person dying in the said parish, and buried in the church-yard of the said parish; and as to mortuaries, his Lordship doth declare that the plaintiff, as Vicar of Croydon, is entitled unto a mortuary of any person dying in the said parish, leaving any personal estate, according to the rules laid down by the statute of Henry VIII. but in order to avoid expense and vexation in this cause, the plaintiff declines to enter the account of the personal estate of Francis Tegg, to whom the defendants, Harrison and Webb, are executors; and as to Easter offerings, his Lordship doth de-, clare, that the plaintiff is entitled to five-pence for a man and his wife, four-pence for a single man, and three-pence for a single woman, the persons being of the age of sixteen years, or upwards; and it is ordered and decreed that the said defendants, be charged in the said account, after that rate; and as to all other titheable matters, demanded by the plaintiff's hill, it is ordered and decreed, that the said defendants,
Heathfield, and Webb, do come to an account with the plaintiff, before the said master, for the value of the tithes in kind, from the time aforesaid; and it is further ordered and decreed, that the defendants, Heathfield and Webb, do pay unto the plaintiff what shall be found due from them respectively on the balance of the said accounts; and his Lordship doth not think to give any cost to either side hitherto, and doth reserve the consideration of costs from this time, until after the said master shall have made his report; and for the better discovery of the matters aforesaid, both sides are upon oath, to produce before the said masters, all books of account, deeds, papers, and writings, which they have in their custody or power relating thereto, and are to be examined upon entries, as the said master shall direct, and the said master is to make to both sides, all just allowances.
Abstract of the Statutes of Ellys Davy's Alms-house*.
Ir is first stated that the founder has, by virtue of letters patent, erected a Perpetual Alms-house for seven poor people; one of whom to be called Tutor.
2 The Tutor and poor people are named, and are to have the succession, benefit, and capacity of the said Alms-house.
3 The founder has assigned a messuage to the Tutor and poor people.
* See the original form in Archbishop Morton's Register, fol. 199, a.
4 The founder wills that the house be called Ellys Davie's Almes-house of Allimen; and that the Tutor and poor people, and their successors may sue and be sued as a corporation, and have a common Seal for such purposes.
5 That the poor people shall be men only, or else men and women together, as the Governors aftermentioned shall direct.
6 That the Vicar and Churchwardens, for the time being, and four of the most worthy householders and parishioners be Governors of the Alms-house, and that the masters and wardens of the craft, or occupation of mercers, be Overseers of the same.
7 The appointment of Tutor and poor people to be made by the founder, during his life; and after his decease, in the event of the death, or removal of the Tutor otherwise, within 20 days a member of the Almshouse shall by the Governors, viz. the Vicar and Churchwardens, and 4 most worthy householders, be appointed in his stead, if there shall be therein a person fit for the office; if not, some person without the Alms-house, being an inhabitant of the town of Croydon; and if no such person can be found in the Alms-house, or in the town, then some such person shall be chosen out of some town, village, or hamlet, near the town of Croydon, so that such town, village, or hamlet, be not distant more than four miles from Croydon church, And that if the Governors, shall neglect to choose a Tutor within 20 days, then the Overseers before-mentioned shall appoint, so it be out of some such town, village, or hamlet, as aforesaid.
8 When there shall be a vacancy among the poor people, (other than the Tutor) it shall be supplied within 15 days, by the Tutor and remaining poor people, by an election of some poor person out of such town, village, or hamlet, as aforesaid, but especially out of the town of Croydon. And if the Tutor and poor people shall neglect their election, so that some poor person to supply the vacancy be not in the Alms-house within such 15 days, then the Churchwardens of Croydon for the time being, shall choose a poor person as aforesaid, without pre
judice to the Tutor and poor people upon other occasions when they shall make their election within 15 days. In case of a vacancy, two persons to be nominated by the poor people, and the person who shall have the most votes, is to be elected. In case of equality of votes, the Tutor to have the casting vote.
9 If any person not of Croydon, but of some town, village, or hamlet, as aforesaid, be elected and admitted, such election and admission to be void; the person so elected and admitted, to be put out of the Alms-house, by the said overseers; and another person to be elected by them. Persons to be elected must be such as have lived for the last seven years in Croydon, or in some town, village, or hamlet, as aforesaid; and are not able to gain a livelihood.
10 Persons elected to be of good character---Those who elect not to be influenced by favor, gifts, &c.
11 The Tutor and poor persons to have each a separate apartment, and to behave peaceably and religiously.
12 The Tutor to admit into the Alms-house every person chosen by the Churchwardens as aforesaid.
13 The Tutor and poor people to have for their sustenance the sum of £15 12. per annum, out of the sum of £18. The Tutor to have 12d. per week, and each poor person 10d.
14 The Tutor and the poor people to attend divine service daily in the church of Croydon, to pray for the founder, &c. unless hindered by sickness or other lawful cause.
15 The Tutor and poor people always to have their meals, and lodge within the Alms-house.
16 The Tutor and poor people to be clothed in cheap dark brown cloth, according to their degree.
17 The Tutor not to be absent from the Alms-house six days in the year, either in succession or otherwise, without leave of the founder during his life-time, or of the Governors and Overseers after his decease; and then it must be for necessary causes, and in proper places; none of the other poor people to be absent from the Alms-house one whole day, or without the bounds out of sight of it, without license of
the Tutor, or in his absence, that of his deputy, and then not without sufficient cause.
18 When the Tutor shall go out into the town, or elsewhere, he shall depute one of the most discreet of his brethren to officiate for him till his return.
19 All members of the Alms-house, to be of sound body at the time of their admission, and to administer to their poor Fellows when sick or infirm.
20 The Tutor and poor people to have a common chest, in which shall be deposited their common Seal, Charters, Deeds, &c. and all muriments, and papers, concerning the benefit of the Alms-house. The chest to be put in a secret place within the Alms-house, and to have three locks and keys; one key to be kept by the Tutor, another by the oldest Fellow, and the third by one of the Fellows, to be chosen by the Founder during his life-time, and after his decease, by the Tutor and remaining poor people. No one to keep the three keys at once; nor the common seal to be affixed to any writing, without the consent of the Founder during his life-time, and after his decease, of the Governors and Overseers for the time being.
21 All monies and treasures belonging to the Alms-house, to be kept in the common chest.
22 The Tutor and poor people are not to waste or consume the goods of the Alms-house, but to endeavour to increase its property, and when they are about to die, they are to bequeath their effects to the Alms-house.
23 No leper, or madman, or one vexed with intolerable sickness, shall be admitted into the Alms-house; or, if any such person be admitted, he shall be removed to such place as may receive him, and be allowed ten-pence per week, and be still considered as one of the poor belonging to the Almshouse.
24 If any of the poor people, after admission to the Almshouse, acquire, by any means, the yearly sum of four marcs (£2 13 4) or more, such person shall be removed, and another shall be chosen in his stead. And if any person, after