Click to view fullscreen

[5/13/1 image 1]

[…] Bachelor […] official principal of the Chester ecclesiastical court sufficiently and lawfully deputed by the reverend father in Christ, John, by divine permission lord bishop of Chester upheld for the exercising of spiritual and ecclesiastical [jurisdiction] in and throughout the whole Chester diocese by the authority of the most illustrious and most resolute and most chaste virgin and our lady queen, the lady Mary, by the grace of God queen of England, France and Ireland, Defender of the Faith and on earth supreme head under Christ of the English and Irish church, or any other judge whomsoever competent in that behalf; the party of the worthy and distinguished Roger Lever, gentleman, natural and legitimate son of Alexander Lever, deceased, and Elizabeth Lever, formerly his wife, farmer of all and singular tithes as well greater as lesser, mixed and minute coming and growing wherever, whenever, however often and howsoever from, in and out of any lands, meadows, pastures, fields and farms and any other places whatsoever sited or situated within the limits or boundary of the township of Bolton le Moors of Chester diocese, formerly part or parcel of the prebend of Bolton aforesaid, against Roger Walmysley, senior, and Roger Walmysley, junior, of the said diocese and of your jurisdiction and either or each of them jointly and severally and also against any other whomsoever lawfully intervening before you in judgement for them, by every better way, method and form of law that can follow thereon by which he was or is able says, alleges and in these writings in law propounds jointly and severally and in articles in the manner which follows:

1          Firstly, namely, that a certain Elizabeth Lever or Chetham received, had and farmed all and singular tithes aforesaid to farm for a certain term of years not yet ended and the same Elizabeth was and is deputed the lawful farmer of all and singular the tithes aforesaid, by sufficient and lawful authority and the same Elizabeth was and is commonly called, taken, held and reputed openly, publicly and notoriously as this farmer; and he propounds jointly and severally and concerning any of these points.

2          Also, that the aforesaid Roger Lever in the months of March, April, May, June, July, August, September, October, November, December, January or February in the one thousand five hundred 46^th or 47^th year of our Lord or in any of those same months in any one whatsoever or in another, and in either of the said years or the other, all and singular tithes from the aforesaid Elizabeth, original farmer aforesaid for a certain term of years not yet withdrawn, received, had, held, farmed and occupied to farm and thus receives, has, holds, farms and occupies at present, and the said Roger Lever was and is farmer

Click to view fullscreen

[5/13/1 image 2]

[…]
was and is commonly called, taken, held, named […] openly, publicly and notoriously as this;
and he propounds as before.

3          Also, that from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men until the one thousand five hundred and 42^nd, third or fourth years of our Lord the aforesaid parish church or prebend of Bolton aforesaid, together with all and singular offerings and tithes and other ecclesiastical rights and emoluments whatsoever belonging to the same church or prebend has been and was rightly, duly and lawfully united, annexed, appropriated and incorporated to Chester archdeaconry and to any archdeacon whosoever possessing that archdeaconry for the time being to their own continuous use by sufficient authority and by and with the consent of all and singular having a right or interest in that respect, and it has been and was whichever archdeacon of the archdeaconry aforesaid for the time being for the whole time abovesaid lawfully obtained the aforesaid church or prebend aforesaid, with its rights and appurtenances aforesaid, and the same thus obtained, with its rights and appurtenances aforesaid possessed it peaceably and quietly for the whole time abovesaid and whichever aforesaid archdeacon has been and was rector, proprietor or prebendary and lawful possessor of the same church or prebend and of its rights and appurtenances aforesaid, and each aforesaid archdeacon for the time being has been and was for the whole and entire time aforesaid commonly called, taken, held, named and reputed openly publicly and notoriously as rector, proprietor or prebendary and lawful possessor of this by reason of the premises; and he propounds jointly and severally and concerning any of these points.

4          Also, that as well by the common law as by ancient laudable and lawful prescribed custom, hitherto inviolably and steadfastly used and observed from time immemorial and often upheld in judgment in a contested cause, the right of receiving and having all and singular tithes both great and small, mixed and minute and ecclesiastical rights and emoluments whatsoever within the bounds and limits and the tithable places within the parish church or prebend of Bolton the Moors wherever, howsoever and however often proceeding and arising by right and in the name of the said parish church or prebend belonged and appertained to the aforesaid archdeacons of Chester archdeaconry and to all and singular their precursors and predecessors in their successive times throughout the whole time aforesaid and so ought also to belong and appertain in future; and he propounds as above.

Click to view fullscreen

[5/13/1 image 3]

5  […] aforesaid rectors, proprietors or […] his possessors, precursors and predecessors each and every one of them in the same church or prebend in their successive times, were, just as they should have been, in peaceable possession, or virtually so, of the right of taking and having all and singular tithes aforesaid in the manner which is aforesaid coming and arising within the bounds and limits and the tithable places of the said parish church or prebend of Bolton le Moors for ten, 20, 30, 40, 50 and 60 years and before and since and also from the time and throughout the time of the beginning or to the contrary of which the memory of men does not exist, and they themselves and through their men took and had them during the same time and disposed of and with them at their pleasure and thus any of them was and is, took and had until the time of trouble described below; and he propounds as above.

6          Also, that the aforesaid Roger Walmysley, senior, in the months of March, April, May, June, July, August, September, October, November, December, January or February in the one thousand five hundred fifty second year of our Lord or in any of those months in any one whatsoever or in another, held, had and occupied two acres of arable land, or thereabouts, notoriously sited and situated in a certain close called Gladishyll pyke within the precinct and the bounds and limits and tithable place of the said township of Bolton le Moors sown with rye, and from the same he himself and his men, mowed, cut down, took and had and converted and applied to his own use, thirty thraves of rye ‘euery thraue conteyning xxiiij^ti shevis whiche yeldytt ij wyndyls of Rye’: and this propounding party submits and libels of whatever other intermediate or lesser number down to the number of 4 thraves and ‘one wyndyll’ of this rye and also of such and so great a number than this of what sort and amount  as will be come to be declared by lawful proofs  in the outcome of this suit; and he propounds as above.

7          Also, that the same Roger Walmysley, senior, in the months and year aforesaid in the aforesaid close called Gladishyll pyke held, had and occupied two acres of arable land, or thereabouts, sown with barley and from the same he himself and his men, mowed, cut down, had and took and converted and applied to his own use, 30 thraves of barley ‘euery thraue conteyng xxiiij^ti shevis whiche yeldytt a wyndyll of barleye’ and this propounding party submits and libels of whatever other intermediate or lesser number down to the number of 4 thraves ‘and halfe a wyndyll ‘of this barley and also of such and so great a number than this of what sort and amount  by lawful proofs

Click to view fullscreen

[5/13/1 image 4]

[…]

8          Also, that the true value of each thrave of rye aforesaid […] ‘of Rye’ to the amount or value of four shillings and of each thrave of barley aforesaid to the amount or value of twenty pence and this propounding party submits and libels of whatever other intermediate or lesser sum or value down to the sum or value of four pence for each thrave respectively of the same grain, and of such and so great a sum as notoriously extends respectively of what kind and amount as will come to be declared or proved by lawful proofs in the outcome of this suit; and he propounds as above.

9          Also, that the true value or valuation of all and singular thraves of rye aforesaid to the sum or value of 6 shillings and all and singular thraves of barley aforesaid to the sum or value of five shillings and this propounding party submits and libels of whatever other intermediate or lesser sum or value of the tithes of rye and barley aforesaid down to the sum or value of one penny of either type of grain aforesaid and of such and so great a sum or value of what kind and amount as will come to be declared or proved by lawful proofs in the outcome of this suit; and he propounds as above.

10        Also, that the aforesaid Roger Walmysley, junior, in the months and year aforesaid or in any of those months in any one whatsoever or in another, held, had and occupied three acres of arable land, or thereabouts, notoriously sited and situated in the said close called Gladishyll pyke within the said township of Bolton and the tithable place of the same sown with oats, and from the said acres he himself and his men, mowed, cut down, took and had and converted and applied to his own use, a hundred thraves of oats ‘every thrave
yeldyng a wyndylle of otis euery wyndylle wurth xij^d’ and this propounding party submits and libels of whatever other intermediate or lesser number of these thraves of oats down to the number of ten thraves of oats and of whatever other intermediate or lesser sum down to the value of two pence and also of such and so great a number and of such and so great a sum than this of what sort and amount  as will be come to be declared or proved by lawful proofs  in the outcome of this suit; and he propounds as above.

Click to view fullscreen

[5/13/1 image 5]

11        […]
[…] notoriously amounted and amounts to the value of ten shillings of lawful money of England and this propounding party submits and libels of whatever other intermediate or lesser sum down to the sum or value of ten pence and also of such and so great a sum or value of what kind and amount as will come to be declared or proved by lawful proofs in the outcome of this suit; and he propounds as above.

12        Also, that among other laws and statutes of this celebrated realm of England and particularly the 14^th chapter of the session of parliament held and had at Westminster in the 2^nd and third years of our lord king Edward the Sixth, recently deceased, a statute was provided and established under the following form of words, namely ‘Also be hyt further Inactyd by the Auctoritye of this present parlement y^t euery of the kynges subiectes shalle from hensforth yelde and paye all maner of ther predialle tethes in ther proper kynd as they ryse and happen in such maner and forme as of Ryght hath ben yeldytt & payd wi^thin xl^ti years next before the makyng of this act or of Ryght or custome ought to haue ben payd And y^t  noe person shalle from hensforth take or carye awaye any such or lyke tethes Which haue ben payd wi^thin the sayd xl^ti yers or of Ryght ought to haue bene payd in the place or placis tethable for the same by fore he haue Justlye deuydytt or sett forth for the tethe therof the tenthe of the same or otherwyse Agreyd for the same tythes wi^th the parson Viccar or other Awner or proprietari or fermer of the same tyjthes Vnder payne of forfeture of tribyll valure of the tethes soe taken or caryed Awaye et cetera’ and this was and is true, clear, notorious, manifest and well-known; and he propounds as above.

13        Also, that the aforesaid Roger Walmysley, senior, and Roger Walmysley, junior, laymen, who had or have nothing of right in the parish church aforesaid or the tithes abovesaid in any way, knowledgeable enough of all and singular the premises and notwithstanding them, but in contravention of that, all and singular tithes in the year aforesaid from the place in which they should have been tithed, before they justly divided the tenth part of the same no lawful compensation in that respect with the aforesaid farmer

Click to view fullscreen

[5/13/1 image 6]

[…]
they and either of them caused them to be taken and conveyed away and maliciously and unjust in fact subtracted, took and had the tithes aforesaid, or at least they ordered and caused them to be this subtracted, taken and had and they likewise approved and approve and accept this subtraction, taking and having in their names; and he propounds as above.

14        Also, that the aforesaid Roger Walmysley, senior, and Roger Walmysley, junior were requested and asked often {often} or at least once to pay or cause to be paid to the aforesaid Roger Lever, farmer aforesaid, the aforesaid tithes subtracted, taken and kept or at least not paid by them in the manner aforesaid or otherwise duly to compound with him for the same on the part and behalf of the same farmer; and he propounds as above.

15        Also, that although Roger Walmysley, senior, and Roger Walmysley, junior themselves thus asked and requested to do as in the premises or in any of them, they have not troubled and do not trouble to do so, but have expressly declined and refused or unduly delayed and delay at present; and he propounds as above.

16        Also, that the aforesaid Roger Walmysley, senior, and Roger Walmysley, junior, were and are of the archdeaconry of Chester and notoriously subordinate and subject to your jurisdiction in this respect, lord judge aforesaid; he propounds as above.

17        Also, that all and singular the premises were and are true, public, notorious, manifest and equally well-known, and public voice and fame were and are at present circulating regarding and concerning the same in the said parish of Bolton and other parishes neighbouring the same. Whereupon, due proof being made, as required by law in this behalf, the party of the said Roger Lever, farmer aforesaid, prays that right and justice may be done and administered to him with effect concerning and upon all and singular the premises jointly and severally, and anything whatsoever concerning them and also that the aforesaid Roger Walmysley, senior, and Roger Walmysley, junior, are condemned in the lawful costs incurred and to be incurred in this respect on the part of the said Roger Lever, farmer aforesaid and, having been condemned, that that they are canonically obliged and compelled to due payment of the same by your passing your definitive sentence or your final decree in that behalf, lord judge aforesaid; and otherwise, that what will have been of right and reason in the premises and anything concerning them may be done, established and decreed, the party of the said farmer propounds the premises and prays that they are done jointly and severally, not binding himself to [prove] all and singular

Click to view fullscreen

[5/13/1 image 7]

[…]
in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things; humbly imploring your office in the premises, distinguished Judge aforesaid.

Click to view fullscreen

[5/13/1 image 8]

[Endorsement] 

Libel Lever against Walmysley

1552

[in pencil in a different hand]

/1

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2025 P J Cox All Rights Reserved

Click to view fullscreen

[5/12/3 image 1]

In the name of God, Amen: the merits and circumstances of a certain cause of divorce which has been disputed for some time and is still disputed and depending undecided before us in law having been heard, seen and understood and fully investigated by us, George Wilmesley, Bachelor of Laws, vicar general in spirituals of the right reverend father in Christ, John, by divine permission bishop of Chester upheld by the supreme authority of the most illustrious Prince in Christ and our master, Lord Edward the sixth, by the grace of God King of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church under Christ, and sufficiently and lawfully deputed official principal of the Chester consistory court between Ralph Wawayne the party plaintiff and complainant on the one part and Agnes Wawayne, his pretended wife, the defendant and party complained of on the other part, rightly and lawfully proceeding, the party of the said Ralph Wawayne lawfully appearing through his proctor, having been summoned by us, urgently praying that sentence is passed and that justice may be done to his party while the party of the said Agnes appearing personally and similarly seeking justice for her party.

The whole and entire proceedings had and done before us in this cause having first been examined and diligently considered, and matters which according to law should be observed having been observed, we have thus thought fit to proceed to making the pronouncement of our definitive sentence or our final decree in the said cause, and we do proceed in this manner which follows:

Forasmuch as we know and clearly find by the acts enacted, set forth, alleged, propounded, exhibited, proved and confessed in the said cause that the party of the said Ralph Wawayne has sufficiently and fully established and equally proved his claim in a certain libel of his previously judicially given and offered before us in this cause (the tenor of which libel follows and is thus; In the name of God, Amen; before you, the venerable Master George Wilmesley, Bachelor of Laws, appointed official principal of the Chester consistory court sufficiently and lawfully deputed by the right reverend father in Christ, John, by divine permission bishop of Chester for the exercising of spiritual and ecclesiastical jurisdiction within Chester diocese by the supreme authority of the most excellent Prince in Christ and our lord, Edward the sixth, by the grace of God lord king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church, or any other judge whomsoever competent in this regard, the party of the honest man, Ralph Wawayne of the parish of Sandbach against Agnes Wawayne, his pretended wife, and against any other person or persons whomsoever lawfully intervening before you in judgement for the same by every better and more effective way, method and form of law by which, according to law, he was or is better and more effectively able and to every and whatever effect of law following therefrom in any way whatever says, alleges etc.) which certain libel we hold and wish to be held as here read and inserted; and nothing effectual on the part or behalf of the aforesaid Agnes Wawayne has been excepted, set forth, alleged, proved or confessed which

Click to view fullscreen

[5/12/3 image 2]

could destroy or in any way weaken the claim of the said Ralph Wawayne in this behalf.

Therefore we, George Wilmesley, Bachelor of Laws, official principal aforesaid, having first called upon the name of Christ, and setting and having God himself alone before our eyes, from and with the advice of the learned in the law with whom we have consulted in this behalf the said Ralph Wawayne is to be separated from his aforesaid wife and her company and mutual cohabitation and also the liability of conjugal duties and as to bed and board and mutual cohabitation they are to be divorced and we thus effectively separate and divorce them by this our definitive sentence or this our final decree which we pass and publish in these writings.

This sentence between the parties aforesaid was read by the aforesaid Master on the 10^th day of the month of April in the one thousand, five hundred and fifty-first year of our Lord, being then present there Sir Robert Bower, Richard Grosvenor, gentleman, and other witnesses called to the aforementioned matters.

Click to view fullscreen

[5/12/3 image 3]

[Endorsement]

Sentence of divorce between Ralph Wawayne, plaintiff, and Agnes, his pretended wife etc.

It is entered in the register.

[in pencil in a different hand]

1551
/3

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2025 P J Cox All Rights Reserved

Click to view fullscreen

[5/12/2 image 1]

In the name of God, Amen: the merits and circumstances of a certain cause of subtraction of tithes which has been disputed for some time and is still disputed and depending undecided having been heard, seen and understood and fully investigated by us, George Wilmesley, Bachelor of Laws, appointed official principal of the royal Chester ecclesiastical court by the right reverend father in Christ, John, by divine permission lord bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction within Chester diocese by the supreme authority of the most illustrious Prince in Christ and our lord, Edward the sixth, by the grace of God king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church under Christ, rightly and lawfully proceeding, between the honest man, Thomas Cuverden, farmer of all and singular tithes of grain and crops growing, proceeding and arising from, out of and in the township of Hutton and the lands, farms and places belonging to the same sited within the parish of the parish church of Penwortham of Chester diocese and the bounds, limits and tithable places of the same parish, the complainant on the one part and Richard Sherley of Hutton of the aforesaid parish of Penwortham and Chester diocese aforesaid, the defendant and party complained of on the other part; the parties aforesaid appearing sufficiently and lawfully before us in judgement; and the party of the said Thomas Cuverden urgently praying and seeking that sentence is passed and that justice may be done to his party while the party of the said Richard Sherley urgently praying and seeking justice for his party.

All and singular acts, enactments, deductions, propositions, allegations, confessions and proofs had and done by all sides in this cause having first been examined and considered by us, and having reviewed and weighed them with promptness and diligence, from the advice of those learned in the law with whom in this behalf

Click to view fullscreen

[5/12/2 image 2]

[…]
we have thus thought fit to proceed to making the pronouncement of [our] definitive sentence or our final decree in the said cause, and we do proceed in this manner which follows:

Forasmuch as we know and clearly find by the acts enacted, set forth, exhibited, propounded, proved and equally confessed in the said cause, had and done by both sides, that the party of the said Thomas Cuverden, farmer aforesaid [has sufficiently and fully established and proved] his claim as to the right, title and possession of the right of having all and singular tithes of grain and crops within the township of Hutton aforesaid and coming and growing from the farms, lands and places belonging to the same township within the said parish of Penwortham in his libel previously judicially given and offered before us by his party in the cause mentioned (the tenor of which libel follows in these words; In the name of God, Amen; before you, the venerable and distinguished Master George Wilmesley, Bachelor of Laws, appointed official principal of the royal Chester ecclesiastical court by the right reverend father in Christ, John, by divine permission bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction within Chester diocese by the supreme authority of the most illustrious Prince in Christ and our lord, Edward the sixth, by the grace of God lord king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church, or any other judge whomsoever competent in this regard, the party of the honest man, Thomas Cuverden, farmer of the tithes of grain and crops within the township of Hutton of the parish of Penwortham of Chester diocese and of and from the farms, lands and places belonging to the said township within the said parish howsoever coming and arising against Richard Sherley of Hutton aforesaid of the said parish and diocese and also against any other person or persons whomsoever lawfully intervening before you in judgement for the same says, alleges etc.) which certain libel as here read

Click to view fullscreen

[5/12/2 image 3]

[…]
and nothing effectual has been or is excepted, set forth, alleged or proved on behalf of Richard Sherley which could destroy or in any way weaken the claim of the aforesaid Thomas Cuverden, farmer aforesaid.

Therefore we, George Wilmesley, official principal aforesaid, having first called upon the name of Christ, and having God himself alone before our eyes, pronounce, decree and declare for the right, title and possession, or quasi-possession of the said Thomas Cuverden, farmer aforesaid, and of the parish church of Penwortham aforesaid, to all and singular tithes of grain and crops from, out of and in the said township of Hutton and the farms, fields, lands and places whatsoever belonging and appertaining to the same sited within the said parish of Penwortham howsoever growing, proceeding and arising; likewise the right of receiving and having all and singular the same tithes belonged and appertained and thus should have and should belong and appertain to the said Thomas Cuverden by right and in the name of the parish church of Penwortham aforesaid and the said Richard Sherley did not fully set forth the tithes or the tenth part in kind of his oats growing, proceeding and arising in the months and year libellate in a certain field of his called ‘the Thre Acres’ within the boundary of the township of Hutton aforesaid in the manner and form expressed and declared in the said libel but subtracted or has not paid the above-written tithes proceeding and arising in the months and year and place in the manner and form expressed and declared in the said libel from the said Thomas Cuverden, farmer aforesaid, and thus approved and approves and likewise accepted this

Click to view fullscreen

[5/12/2 image 4]

[…]
[…] 16 sheaves of oats, in English ‘of xxvj thraves and xvj sheves of ootes’ from any of these stacks containing 24 sheaves arising in the months and year aforesaid out of his said close called ‘the Thre acres’ in Hutton aforesaid subtracted and not paid by him or others in his name as is aforesaid if they are still in existence otherwise in the true value of the same, which certain tithes we calculate at the value of five shillings of lawful money of England according to the proofs on the part of the said farmer; and in addition in the payment, imbursement and satisfaction of triple the value of the said tithes subtracted and not paid as is thus aforesaid, which triple value we calculate at the sum or value of 15s of money of England, according to the simple rate and proved on behalf of the said farmer impartially by law; and we condemn him, Richard Sherley, in the said tithes, if they are still in existence, otherwise in their value aforesaid and triple the value aforesaid and also in the expenses incurred and to be incurred on the part of the said Thomas Cuverden, farmer aforesaid, in this matter (which expenses we tax at the sum of […] of money of England) and that he ought to be obliged and compelled to the due payment of the premises by legal remedy of law and with effect he is obliged and compelled to the payment of the aforesaid expenses to the farmer aforesaid, taxed by us as is aforesaid, before the feast of Easter next coming under pain of excommunication then and thenceforward, if he does not obey our warnings to him, which we pass and publish in these writings, we pronounce, decree and declare that he is peremptorily warned by this our definitive sentence or this our final decree which we pass and publish in these writings.

This sentence was read and issued by the aforesaid Master on the 16^th day of the month [name of month is missing] in the year of our Lord 1551 in the presence of John Woodward, clerk, Tristram Oswald and Ralph Browne, witnesses etc.

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2025 P J Cox All Rights Reserved

Click to view fullscreen

[5/12/1 image 1]

[…]
official principal upheld by the right reverend father in Christ, John, by divine permission bishop of Chester, to exercise spiritual and ecclesiastical jurisdiction in and throughout the whole diocese of Chester by the supreme authority of the most invincible prince in Christ and our master, lord Edward 6th, by the grace of God king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church, sufficiently and lawfully deputed or any other judge whomsoever competent in that behalf; the party of  venerable Master Robert Assheton, rector of the parish church of Middleton of Chester diocese aforesaid against John Aspinall, John Alens and John Bradley of the township or hamlet of Ainsworth of the said parish and diocese and any of them whomsoever, and also against any other person or persons whomsoever lawfully intervening before you in judgement for the same or any of them by way of complaint and complaining to you in this behalf, by every better and more effective way, method and form of law by which he will be or is able and also for all and whatever full effect of law that may follow thereupon in any way, says, alleges and in these writings propounds in law in articles as follows.

1          Firstly, he propounds and articles that the said Master Robert Assheton was and is lawfully possessed of the said parish church of Middleton of Chester diocese aforesaid, together with all and singular greater and lesser tithes and other ecclesiastical rights and emoluments whatsoever belonging and appertaining to the same church and rector of the same, and having thus acquired it he has held and possessed it peacefully and quietly for some time, and thus he should have and should hold and possess it (and saving what is written below) he thus still possesses it at present and the aforesaid Master Robert Assheton was and is the rector and lawful holder of the said parish church of Middleton and of its universal rights and appurtenances, and he was and is commonly called, held, named and reputed openly, publicly and notoriously as true and lawful holder of the same church, rectory and rights aforesaid; and he propounds jointly and severally and concerning any of these points.

2.      Also, that as well by the common law as by ancient laudable and lawful prescribed custom, and from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men hitherto peacefully and steadfastly used and observed and often upheld in judgment in a contested cause, the right of receiving and having all and singular tithes

Click to view fullscreen

[5/12/1 image 2]

[…]
whenever, howsoever and however often growing, proceeding and arising and as an adjunct and […] the aforesaid tithes of grain and crops in any way from the township or hamlet of Ainsworth and the farms, fields, places and lands belonging to the same township or hamlet and sited and situated within the same parish and the bounds and limits and tithable places of the same whenever, howsoever and however often growing and arising belonged and appertained to the rectors of the same parish church of Middleton whomsoever they may be in their successive times and so ought also to have belonged and appertained and ought also in future to the said Master Robert Assheton, present rector of the same church; and he propounds jointly and severally and concerning any of these points.

3.      Also, that in a published statute of the parliament of the second and 3^rd years of the reign of our said lord king it is stipulated ‘That euery of the kinges subiectes from the making of the said statute shall trewlye & iustlie withowt fraud or gyle devyde sette owte yeild and paye all maner of their prediall tythes in their proper kinde as they ryse and happen in suche.maner and fourme as hath bene of right yeilded and payed within.xl yeris next before the makinge of the said acte or of right or custome ought to haue bene payed and that no person shall from.the making of the said act take or carye awaie any suche or.like tythes which haue bene yeilded or payed within the space of xl yeres or of right ought to haue bene payed in place or places tytheable of the same before he hath iustlye devyded or sette fourthe for the tythe therof the tenthe parte of the same or other wyse agreed for the same tythes vnder the payne of forfeyture of triple valew of the tythes so taken or caried awaye’ with other different clauses contained in the same statute, to which statute this propounding party refers himself so far as is necessary to him and not in any other way; and he propounds jointly and severally and concerning any of these points.

Click to view fullscreen

[5/12/1 image 3] 

[4]        […]
[…] occupied […] or fields belonging to the said township or hamlet for ten, twenty, 30, forty, 50 and sixty years and before and since and also from the time and throughout time of the beginning or to the contrary of which there exists no memory of man, tithes of whatever grain and crops belonging, proceeding and arising within the surrounding fields or ploughland that they will separate the 9th part and set them out in kind, or at least they should have and should separate and set them out by law or compounded and compensated for the same tithes with the rectors of the same parish church of Middleton for the time being or their deputy or farmer or should have compounded and compensated for the same tithes; and he propounds jointly and severally and concerning any of these points.

5          Also, that in the months of March, April, May, June, July, August, September, October, November, December, January and February in the years of our Lord one thousand five hundred and fifty and one thousand five hundred and fifty-one or in any of those months and years whatever, in several or in the rest, the said John Aspenhawlgh in and from certain of his closes commonly called ‘The Intak & the Park’ sown respectively with oats, wheat and barley had fifty small heaps of oats, in English ‘L Ryders of ootes’, twelve small heaps of wheat and ten small heaps of barley, in English ‘xij Ryders of wheate & x Ryders of barlye’; and the said John Alens in and from certain of his closes called ‘The Crofte The Marledyerthe and the old Marledyerthe’ sown respectively with oats, barley and wheat had sixty small heaps of oats, ten small heaps of barley and eight small heaps of wheat, in English ‘six hunderth ryders of ootes x Ryders of Barlye and viij Ryders of wheat’; and the said John Bradley in and from certain of his closes called ‘the newe marlederth and The barine crofte’ sown respectively with barley and oats had forty small heaps of oats and a hundred ‘hattockes’ of oats, in English ‘iiij^C Ryders of ootes and a hundreth Hattockes of Barlye euery of the said Ryders conteyninge x sheyves and euery of the said hattocks
conteyning vij sheves of euerye of the said graynes or corne’ notoriously sited, growing and coming within the said hamlet of township of Ainsworth and within the bounds, limits and tithable places of the said parish of Middleton. And the party of the said rector gives and propounds of whatever numbers of ‘Ryders’ and ‘Hattockes’ of oats, wheat and barley less than this or

Click to view fullscreen

[5/12/1 image 4]

[…]
may come to be proved respectively […] their own […] they took, reaped […] or thus ordered and caused to be reaped, harvested, taken and had; and he propounds jointly and severally and concerning any of these points.

6          Also, that the said John Aspenhawlgh, John Alens and John Bradley respectively paid no tithes of the aforesaid oats, wheat and barley in the months and years aforesaid, or in any of them as is aforesaid, harvested by them, bound in sheaves and taken and kept and converted to their own uses and advantage or at least did not set forth the entire tithes or leave the entire tenth part of them in kind or pay the tenth part of the same nor duly compound with the same rector or his deputy for them but wickedly and unjustly subtracted, took and had those tithes, all and singular, or at least the greater part or any part of the same tithes belonging and appertaining to the said rector by right and in the name of his said church contrary to and against the will and consent of the same rector or thus ordered and caused them to be subtracted, taken and had and they thus subtract them at present scorning the said statute and act of parliament to no small prejudice and grievance of the said rector and to the grave danger of their souls and the pernicious example of other Christian faithful; and he propounds jointly and severally and concerning any of these points.

7          Also, that the true tithes or the whole tenth part of each grain and crops respectively aforesaid taken, reaped and retained and subtracted by the aforesaid John Aspenhawlgh, John Alens and John Bradley respectively as is aforesaid to the value in English as follows ‘That ys to saye The tenthe parte of the said Corne or graine of the said John Aspenhawlgh to the number of fyve Ryders of ootes one Ryder & two sheyves of wheate and one Ryder of barlye The tenthe parte of the said Corne or graine of the said John Alens to the number of threscore Ryders of ootes one Ryder of barlye and viij heyves of wheate And the tenthe parte of the said Corne & grayne of the said John Bradley to the numbre of xl Ryders of ootes and ten hattockes of barlye’ notoriously amounted and amounts by the common estimation of men; and this propounding party gives and libels of whatever other tithable numbers of ‘Ryders’, of ‘hattockes’ and of ‘sheives’ of this grain or crops intermediate or lesser down to the value of one of the ‘ryders’ one of the ‘hattockes’ and four of the sheaves (in English ‘sheyves’) respectively; and also of such and so much of what sort or amount as will be come to be more fully proved by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

Click to view fullscreen

[5/12/1 image 5] 

[8]        […]
[…] in English […] ‘Ryder of barlye’ notoriously amounted and amounts by the common estimation of men to the sum or value of 18d and also of each hattock of this barley, in English ‘of euery hattocke of barly’ to the sum or value of ten pence of good and lawful money of England; and this propounding party gives and libels of whatever other intermediate or lesser value or sum of any of these ryders and hattocks down to the value of 4d, and also of such and so much of what sort or amount as will be come to be more fully proved by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

9.      Also that the true value or valuation of all and singular tithes subtracted and not paid by the said John Aspenhawlgh as is aforesaid notoriously amounted and amounts by the common estimation of men to the sum or value of nine shillings and 8d of lawful money of England and that the true triple value of the same tithes amounts to the sum or value of 28s of good and lawful money of England, and this propounding party gives and propounds of whatever sums or values intermediate or less than this down to the sum of 6d and 18d; and also of such and so much of what sort or amount as will be come to be more fully proved by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

10.      Also that the true value or valuation of all and singular tithes subtracted and not paid by the said John Alens as is aforesaid notoriously amounted and amounts by the common estimation of men to the sum or value of fifty-eight shillings and 4d of lawful money of England and triple value of the same tithes amounts to the sum or value of £8 15s <…> of good and lawful money of England, and this propounding party gives and propounds of whatever sums or values intermediate or less than this down to the sum of 6d and 18d; and also of such and so much of what sort or amount as will be come to be more fully proved by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

11.      Also that the true value or valuation of all and singular tithes subtracted and not paid by the said John Bradley as is aforesaid notoriously amounted and amounts by the common estimation of men to the sum or value of 34s 2d of lawful money of England and that triple the value of the same tithes amounts to the sum of £40 2s 6d of good and lawful money of England

Click to view fullscreen

[5/12/1 image 6]

[…]
more fully in the outcome of this suit […] and he propounds jointly and severally and concerning any of these points.

12.      Also, that the aforesaid John Aspenhawlgh, John Alens and John Bradley were suitably asked and requested to pay, give and deliver to the aforesaid rector or to his deputy the tithes aforesaid by them respectively subtracted and not paid in the months and years aforesaid or otherwise to duly compound with the same rector or his deputy on behalf of the said rector for the same; and he propounds jointly and severally and concerning any of these points.

13        Also, that the said John Aspenhawlgh, John Alens and John Bradley, and any of them whatever, asked and requested, as is aforesaid to do as in the premises or any of them expressly declined and refused or at least unduly delayed and delay at present and thus any of them whatever refuses at present; and he propounds jointly and severally and concerning any of these points.

14.      Also, that the said John Aspenhawlgh, John Alens and John Bradley, and any of them whatever were and are of the Chester diocese and jurisdiction; and he propounds jointly and severally and concerning any of these points.

15        Also, that about and concerning all and singular the premises, it was and is rightly and lawfully complained to you, lord judge aforesaid, on the part and behalf of the said Master Robert Assheton; and he propounds jointly and severally and concerning any of these points.

16        Also, that all and singular the premises were and are true, public, notorious, manifest and equally well-known, and public voice and fame were circulating and are at present circulating regarding and concerning the same in the said parish of Middleton and in other neighbouring and surrounding places.

Whereupon proof having been made as required by law in this regard, the party of the said Master Robert Assheton, rector of the said parish church of Midleton aforesaid, prays that justice and a complement of justice may be done and administered to him with effect in all and singular the premises and anything whatever concerning them and that the said John Aspenhawlgh, John Alens and John Bradley are condemned in the lawful costs incurred and to be incurred on the part of the said Master  Robert Assheton, rector aforesaid, in this matter, and, having been condemned, that they are obliged and compelled to due and real payment of the same by you making your definitive sentence or final decree in this matter, lord judge aforesaid; and otherwise, may be done, established and decreed in the premises and anything whatsoever concerning them

Click to view fullscreen

[5/12/1 image 7]

[…]
but so far as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things; in addition the party of the said rector prays that this cause may proceed summarily and plainly, without clamour and the normal forms of procedure, humbly imploring your office in the premises, distinguished Judge aforesaid.

Click to view fullscreen

[5/12/1 image 8]

[Endorsement]

[Illegible apart from the date]

1551

[in pencil in a different hand]

/1

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2025 P J Cox All Rights Reserved

Click to view fullscreen

[5/11/2 image 1]

[…]
[…] to appere afore vs the […]
[…] this behalffe for the transg[ressions] and […]
enormities within the comite off lancaster […]
deputed in the parich church off […]
the <blank> Daye off <blank> next after the date
her off att <blank> off the cloke off the same Daye
not onlie to present all such enormities fornicators
and adulterers […] all diuorcients not
lafullie made as bie anye wais maye be bie
them or anye off them infidderentlie knowen, as
also to present all such churchis […] chapelles
ruynose and in decaye for the […] reparacion
and reedificacion off the same, […] this not
to fayle with a […] certification off your doying
to be afore vs att yt Daye and […] bie ye
to be exhibited and off all other […] doyngges
as you will answare att your […] perill
att Wigan xxix^mo septembris 1550 And
also to giff knolege and […] in
euery off the said churchis to all [and] singular
persons yt find them selff greued in anye off
the premisses to appere att the [s]ame daye
and howre apointed and apon the declarans
off that mater they shallbe lafullie harde.

Click to view fullscreen

[5/11/2 image 2]

15^th of December in the year of our Lord 1550 in the parish church of Manchester

At which place and time Robert Worseleye, knight, appeared personally and under protestation of not consenting to the lord commissioners […] this he alleged that he is bound by law if and to what extent he and a certain Alice Tylsleye, free from and equally unrestricted by [….] of marriage or betrothal, contracted together any marriage, and had solemnised it in the face of the church in the usual way […] however, the said Alice, totally forgetting the law of marriage and faith placed in this marriage contract between […] committed with several men, completely dissolving this bond of matrimony […] the said Robert Worseleye […] marriage contract unlawfully oppressed by this violation, brought an action before certain of the king’s majesty’s […] lawfully deputed and constituted in this respect so that he might be divorced from the said Alice on account of this adultery and totally released from the provision of conjugal duties. Therefore, the commissioners aforesaid, lead or moved by lawful reasons and by the adultery aforesaid completely […] promulgated sentence of divorce between him, Robert, and the said Alice and from the tenor of the same it is clear and appears […] the sentence itself in what way they are allowed and he is allowed, as appears both from the book of our right reverend father John Hooper, [bishop of] Gloucester […] the opinion of several theologians, rightly and in accordance with the true sense of holy scripture written in that respect, and also by the example […] of this realm of England who, after a similar divorce, also contracted a second marriage, contracted marriage with Margaret Betham, as is permitted to him by divine law, as he believes; moreover, if you extremely well-considered commissioners […] your sentence, signed and corroborated with your hands and seal, should wish to ordain that, his second marriage, by divine law is not […] against the judgement of the aforesaid Reverend father and other theologians also to the prejudice and derogation of marriages […] they will be troubled by distress and thus it is not permitted to any man after divorce on the grounds of adultery to marry another woman, he will put away the aforesaid […] otherwise he will always act to the benefit of spirit of divine law, notwithstanding any prohibition of yours which is not, indeed, falsified by the said law […] was jointly and severally, and he prays that right and justice will be administered to him and that he will be completely spared from any further harassment.

Click to view fullscreen

[5/11/2 image 3] 

[Endorsement]

[there is no surviving contemporary endorsement]

[in pencil in a later hand]

1550

/2

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2025 P J Cox All Rights Reserved

Click to view fullscreen

[5/9/3 image 1]

In the name of God, Amen: the merits and circumstances of a certain cause of divorce
having been heard, seen and understood and fully investigated by us, George Wilmesley, Bachelor of Laws, in this respect sufficiently and lawfully appointed vicar general in spirituals of the right reverend father in Christ, John, by divine permission lord bishop of Chester, and lawfully deputed official principal of the consistory of the same reverend father by the authority of the most illustrious lord Prince in Christ and our master, Edward the sixth, by the grace of God King of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church under Christ, which was disputed for some time and is as yet disputed and pending undecided, between William Renshaye of the parish of Ashton on Mersey, the party plaintiff and complainant on the one part, and Clement Bent, otherwise Renshaye, of the parish of Eccles of Chester archdeaconry and the same diocese and of your jurisdiction, the defendant and party complained of on the other part rightly and lawfully proceeding; the parties aforesaid appearing before us sufficiently and lawfully, through their proctors; and the party of the said William Renshaye praying that sentence is passed and that justice may be done to his party and the party of the said Clement Bent urgently seeking justice for her party.

All and singular acts, enactments, deductions, propositions, allegations, confessions and proofs had and done by all sides in this cause having first been examined and diligently considered by us, and having reviewed and weighed them with promptness and diligence, and matters which according to law should be observed in this respect having been observed by us, we have thus thought fit to proceed to making the pronouncement of our definitive sentence or our final decree in this cause, and we do proceed in this manner which follows:

Forasmuch as we know and clearly find by the acts enacted, set forth, exhibited, propounded, proved and equally confessed in the said cause, had and done by both sides, that the party of the said William Renshaye has sufficiently and fully established and proved his claim in a certain libel previously judicially given and offered before us by his party (the tenor of which libel follows in these words; In the name of God, Amen; before you, the venerable Master George Wilmesley etc., the party of the distinguished man etc., which certain libel we hold and we wish to be held as here read and inserted) and we find that that nothing effectual has been or is excepted, set forth, alleged or proved on behalf of the said Clement Bent which could destroy or in any way weaken the claim of the said William Renshaye.

Forasmuch as we know and clearly find by the acts enacted, set forth, exhibited, propounded, proved and equally confessed in the said cause, had and done by both sides that the said Clement Bent, about the feast of the assumption of the blessed virgin Mary in the one thousand five hundred and 37^th year of our Lord, before all and any pretended marriage begun, held and entered into, contracted with a certain George Haryson, by appropriate words of present consent before trustworthy witnesses, and had carnal knowledge of the said George and from this had and gave birth to a male child.

Click to view fullscreen

[5/9/3 image 2]

Therefore we, George Wilmesley, official principal aforesaid, having first called upon the name of Christ, and having God himself before our eyes, of the advice of the learned in the law with whom we have communicated promptly in this respect nullify, invalidate and annul all and any type of pretended marriage contracted de facto since it would have been and was invalid in law between the aforesaid William Renshaye and Clement Bent by occasion and reason of the said … carnal copulation … aforesaid, and we pronounce, decree and declare that it is and was null, invalid and void and we separate and divorce them, William and Clement, from each other and from any bond of this marriage by this our definitive sentence which we pass and publish in these writings.

This sentence was read by the aforesaid Master before witnesses set out in the record on the second day of the month of June in the one thousand five hundred and 48^th year of our Lord.