Modbury Tithe Map - Schedule Agreement

Transcribed from the original schedule document

Apportionment of the RENT CHARGE in lieu of TITHES in the PARISH of MODBURY, in the County of Devon.

Whereas an Award of RENT CHARGE in lieu of TITHES in the Parish of MODBURY, in the County of Devon, was, on the Twenty-ninth day of January, in the Year One Thousand Eight Hundred and Forty-one, confirmed by the Tithe Commissioners for England and Wales, of which Award, with the Schedules thereunto annexed, the following is a Copy:-

Know all Men by these Presents whereas I George Louis have been duly appointed and sworn an Assistant Tithe Commissioner according to the provisions of the Act for the commutation of Tithes in England and Wales and have been also duly appointed to ascertain and award the sums to be paid by way of rent charges instead of the Tithes of the Parish of Modbury in the County of Devon.

And whereas I have held a meeting in the said Parish touching the matter aforesaid of which meeting due notice was given for the information of the Landowners and Titheowners of the said Parish.

And whereas I have duly considered all the allegation and proofs tendered to me by all parties interested and have myself made all inquiries touching the premised subject which appeared to me to be necessary.

And whereas I find that the estimated quantity in Statue measure of all the lands of the said parish mounts to Five thousand nine hundred and seventy seven aces which are cultivated as follows that is to say
Three thousand eight hundred and fourteen acres three roods and six perches as Arable Land
One thousand six hundred and nine acres and six perches as Meadow and Pasture
One hundred and eighty one acres and ten perches as Orchard and Garden
One hundred and forty three acres as Woodland
One hundred and forty three acres three roods and twenty two perches are Furze and Waste and
Eighty five acres and thirty six perches are Common

And whereas I find that the Lands mentioned in the Schedule hereunto annexed are by prescription absolutely exempt from the payment of Tithes both great and small.

And whereas I find that the Tithes arising from the Glebe Lands belonging to the Impropriators and called Penquit and Upton contain by estimation One hundred and ninety nine acres in the Manor of Penquit and Upton in the said Parish have been duly merged in the same lands and that the Tithes arising from the Glebe Lands belonging to the Vicar for the time being of the said Parish containing by estimation nine acres have been also duly merged in the said Glebe Lands which several mergers have been duly confirmed by the Tithe Commissioners for England and Wales

And whereas I find that Orcheton Mills in the said Parish are covered from render of tithes in kind by a prescriptive or customary payment of the annual sum of Four shillings in lieu thereof to the Vicar for the said parish which said sum of Four shillings is included in the total Rent charge of Four hundred and six pounds fifteen shillings hereinafter awarded

And whereas I find that all the Lands of the said parish are subject to the payment of all manner of Tithes in kind except as aforesaid

And whereas I have estimated the clear annual value of the said Tithes in the manner directed by the said Act of Parliament and have also taken into account the rates and assessments paid in respect of such tithes during the seven years of average prescribed by the said Act

And whereas due notice was given to me in the manner prescribed by the said Act that the average value of the Tithes of the said Parish during the seven years preceding Christmas in the year One thousand eight hundred and thirty five would not fairly represent the sum which ought to be basis of a permanent commutation of the said Tithes

And whereas I have taken into consideration all the allegation and proofs tendered to me touching the matter of the said Notice before awarding the Rent charges thereinafter mentioned

And whereas I find that the Provost and College of Eton in the Count of Bucks are Impropriators of the whole of the Tithes arising from all the titheable lands of the Manor of Penquit and Upton in the said Parish containing by estimation Three hundred and forty six acres and that they are also Impropriators of the third parts of the whole of the Tithes arising from all the other Lands of the said Parish subject to Tithes except the Lands in the said Parish known by the name of Westleigh containing by estimation Two hundred and thirty acres.  And that Arthur Abbott of the City of Exeter Esquire holds a Lease of the said Tithes under the said Provost and College and that the Vicar for the time being of the said Parish is entitled to all the Tithes arising from the said Lands called Westleigh to the aforesaid prescriptive payment of Found Shillings per annum in lieu of the Tithes of Orcheton Mills and to the remaining one third part of the whole of the tithes arising from all the other titheable Lands of the said Parish.

Now know me that I the Said George Louis do hereby award that the annual sum of Seven hundred and eighty pounds and eight shillings by way of Rent charges subject to the provisions of the said Act shall be paid to the said Lessee his executors administrators and assigns during the continuance of the said Lease and after the expiration or other determination thereof then to the said Provost and College and their successors instead of the said Impropriate Tithes and that the annual sum of Four hundred and six pounds and fifteen shillings also by way of Rent charge and subject to the provisions of the said Act shall be paid to the Vicar of the said Parish for the time being instead of all the Tithes which he is entitled as aforesaid.  The aforegoing Rent charges not only to be in lieu of all Tithes payable in kind but also in lieu of all Moduses and compositions real and prescriptive or customary payments payable in respect of all the titheable Lands of the said Parish.

In testimony where of I have hereunto set my hand this third day of November I nthe year of our Lord One thousand eight hundred and forty.

Signed
George Louis

The schedule before referred to containing the names of the Lands of the said Parish which by prescription or other lawful means are except from the payment of Tithes the estimated contents of such Lands and the owners and occupiers thereof

Lands

A

R

P

Owners

Occupiers

Swanbridge Mills and Orchard

 

3

 

The Provost and College of Eton and their Lessee

John Treeby

Scotts Garden

 

2

 

John Coatler

Priors Park Garden

 

 

8

Edward Colliver

Church Yard Garden

 

 

4

Edward Colliver

Southern Coppice

 

2

 

Arthur Abbott Esq as Lessee

Lapthorne Orchard

1

1

 

John Zacharias
Landers Lang

 

Moyses Averys Lemons Orchard and Lawns

1

2

 

Silas Thompson
Hood Captain R.N.

 

Now we William Page of Bourton near Totnes and William Norris of the City of Exeter both in the County of Devon Land Surveyors having been duly appointed valuers to apportion the Total sum to be paid by way of Rent Charge in lieu of Tithes amongst the several Lands of the said Parish of Modbury do hereby apportion the Rent charge as follows.

Gross Rent Charge payable to the Titheowners in lieu of tithes for the Parish of Modbury in the county of Devon One thousand one hundred and ninety five pounds and three shillings (viz)

 
£
s
d
To the Vicar
406
15
0
Impropriators and their lessees
788
8
0
 
1195
3
0

Value in Imperial Bushels and Decimal Parts of an Imperial Bushel of Wheat Barley and Oats (viz)

 

Price per Bushel

Bushels and decimal parts

 

£

s d

 

Wheat

 

7 1/4

1134.86053

Barley

 

3 11 1/2

2012.88421

Oats

 

2 9

2897.33333