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[…] George Wilmesley, Bachelor of Laws, sufficiently and lawfully deputed official principal of the Chester episcopal consistory upheld by the 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, or any other judge whomsoever competent in that behalf; the party of the distinguished William Aldersey of the city of Chester, farmer of all and singular tithes arising from the demesne lands, in English ‘the demaynes’, of the lordship or manor of Saughton on the Hill or ‘Saughton vpon the hill’ of the parish of Saint Oswald of Chester city against Thomas Wright of the parish of Eccleston of Chester diocese and Richard Broster of the parish of Saint John of the city of Chester aforesaid, of your diocese and jurisdiction and either or each of them jointly and severally and also against any other whomsoever lawfully intervening before you in judgement for them or either of them by way of complaint and complaining to you  says, alleges and propounds in these writings in law in articles as follows:

1          Firstly, namely that the aforesaid parish church of Saint Oswald of the city of Chester, together with all and singular oblations and tithes, both greater and lesser, mixed and minute and other rights and ecclesiastical emoluments belonging and appertaining to the same parish church of St Oswald (saving the share of the perpetual vicar of the same), was and is of and with the consent and equally with the assent of all and singular having an interest in that respect, of the Chester cathedral church and of the dean and chapter of the cathedral church  of the same whomsoever they may be in turn, possessing and having united, annexed, incorporated and appropriated by sufficient and lawful authority to their own perpetual use and this was and is true, public, notorious, evident and well-known; and he propounds jointly, severally and concerning any of these points.

2          Also, that the aforesaid dean and chapter of Chester cathedral church were and are lawfully instituted to the said parish church of Saint Oswald, together with all and singular oblations and tithes, greater and lesser, and other ecclesiastical rights and emoluments whatsoever belonging and appertaining to the same church (saving and excepting in all things the share of the perpetual vicar of the said parish church), and having thus been instituted they had and possessed the same peacefully and quietly for some time and thus should and ought to have and possess and (saving what will be written below) they thus possess it at present and the aforesaid dean and chapter of Chester cathedral church aforesaid were and are rectors or proprietors and lawful occupiers of the said parish church of Saint Oswald and its universal rights and appurtenances, and as rectors or proprietors

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named and reputed openly, publicly and notoriously by reason of the premises; 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, there was and at present is a certain lordship or manor commonly called Saighton on the hill or ‘Saughton on the hill’ together with its enclosures, fields, meadows, grazing, pastures and other property, places and demesne lands belonging and appertaining to the said parish of Saint Oswald of the city of Chester and notoriously sited, situated and lying within the bounds and limits and tithable places of the same and the same lordship or manor together with its fields, property, places and demesne lands aforesaid was and is commonly called, held, had, named and reputed openly, publicly and notoriously in, of, and from the same parish of Saint Oswald and as parcel of the same parish; he propounds etc.

4          Also, that as well by the common law as by ancient laudable and lawful prescribed custom, hitherto peaceably and steadfastly used and observed from the time and throughout the time to the contrary or of the beginning of which there exists no memory of men and often upheld in judgment in a contested cause, the right of  receiving and having all and singular offerings and tithes, both greater and lesser, mixed and minute, whenever, howsoever and however often growing, arising and proceeding in the said parish of Saint Oswald and the bounds and limits and tithable places of the same (saving and excepting in all things the share of the perpetual vicar of the same), and especially the tithes from the said manor or demesne of Saighton on the Hill aforesaid and the property and fields, places and demesne lands belonging to the same manor and sited and lying in the same parish and within the bounds and limits and tithable places of the same, whenever, however and  however often growing and arising appertained and belonged and thus should have appertained and belonged and ought also to belong in future to the rectors or proprietors of the same parish church of Saint Oswald whosoever they may be in their successive times by reason of the premises; and he propounds as before.

5          Also, that the rectors or proprietors of the said parish church of Saint Oswald for 10, 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 there exists no memory of men, all and singular the precursors and predecessors of the said rectors or proprietors of the same church in their successive times being were, just as they should have been, in peaceable possession, or quasi possession, of the right of taking and having all and singular offerings and tithes aforesaid coming, growing and arising in the said parish of Saint Oswald and within the bounds and limits and tithable places of the same in the manner aforesaid, and especially all and singular

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[…] demesne lands […] manor […] and sited and situated in the said parish of Saint Oswald and growing, arising and coming within the bounds and limits and tithable places of the same as set out before (except those already excepted) and took and had them themselves or through their men by right and in the name of the same church of Saint Oswald, and freely disposed of the same through their own free will, and thus the present rectors or proprietors ought to have and should do, take, have and dispose, and, saving what is written below, they do, take, have and dispose at present by reason of the premises;  and he propounds jointly, severally and concerning any of these points.

6          Also, that in the months of March, April, May, June, July, August, September, October, November, December, January and February in the one thousand five hundred 46th, 47th, 48^th and ninth years of our Lord or in any of those years and months whatever, in one or other, and other months and years now to come, the aforesaid William Aldersey received, had, rented and occupied all and singular tithes, as well greater as lesser, mixed and minute, whenever, however and however often growing, arising and proceeding as is thus aforesaid in, of or from the said manor or demesne called Saighton on the hill or ‘Saughton on the hill’ or the fields, enclosures, property, places and demesne lands of the same manor or belonging to it in any way and sited and situated in the said parish of Saint Oswald and the bounds and limits and tithable places of the same (except those already excepted) and to the aforesaid rectors or proprietors, or to those their assigns in that respect to farm for an annual rent agreed between them, and so he has, rents and occupies at present and the same William Aldersey was and is the farmer of all and singular these tithes (except those already excepted) and he is commonly called, held, had, named and reputed openly publicly and notoriously as farmer of the same by reason of the premises; and he propounds as before.

7          Also, that the aforesaid Thomas Wright, in the months of March, April, May, June, July, August, September, October, November, December, January and February in the one thousand five hundred 46^th, 47^th, 48^th and 49^th years of our Lord last, or in any of those years and months whatever, in one or other, rented, had, held and occupied one half (or thereabouts) of a certain close pasture commonly called ‘Beggars boroughe’ in the said parish of Saint Oswald and within

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[…] he propounds as before.

8          Also, that the annual rent or annual church-rent of the said one half of the aforesaid close pasture rented and occupied by the aforesaid Thomas Wright as is thus aforesaid notoriously amounted or amounts by the common estimation of men to the amount or value of 24s of lawful money of England and this party propounding submits and libels of whatever other intermediate or lesser sum or value of annual rent in any single year of the years aforesaid as notoriously amounted and amounts by the common estimation of men down to the sum or value of 13s 4d and also such and so great a sum of such sort and amount as will be come to be proved more fully in the outcome of this suit; and he propounds as before.

9          Also, that all the said close called ‘Beggarsborough’ was and is parcel of the demesne lands of the said demesne or manor called ‘Saughton vpon the hill’ and all the same close was and is totally and notoriously sited and situated in, of and from the said parish of Saint Oswald of the city of Chester and within the bounds and limits and tithable places of the same parish, and this was and is true, public, notorious, evident and famous; and he propounds as before.

10        Also, that the aforesaid Richard Broster in the years and months aforesaid or in any of the months and years whatever, in one or another, received, rented, held and occupied to farm the other part or half of the said close called ‘Beggarsboroughe; and he propounds as before.

11        Also, that the annual rent or annual church-rent of the said half of the aforesaid close let, rented and occupied to farm by the aforesaid Richard Broster in the years and months aforesaid as is aforesaid notoriously amounted to the amount or value of 24s of English money and the party of the said farmer submits and libels of whatever other intermediate or lesser sum or value of annual rent or annual church-rent aforesaid down to the sum of 13s 4d in any single year of the years aforesaid as will be come to be proved more fully in the outcome of this suit; and he propounds as before.

12        Also, that in the years and months aforesaid and for a long time before, Thomas Wright has been, was and at present is, a parishioner of the parish of

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[…] abovesaid this […] and is true, public, notorious, evident and famous; and he propounds as before.

13        Also, that in the same years and months and for a long time before, the aforesaid Richard Broster was, and is at present, of the parish of Saint John of Chester city aforesaid and a parishioner of the same and notoriously lived in the same parish during all the time abovesaid, and thus lives at present; and he propounds as before.

14        Also, that from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men, there was and has prevailed and is prevailing in the said parish of Saint Oswald of the city of Chester a certain laudable and lawful prescribed custom or practice or use of tithing or of paying tithes of pasture ground of animals, by custom of use approved and accepted ‘That whansoeuer yt chaunceth any pasture grownde beinge of the said parishe of St Oswold to be letten to ferme to any person or persones dwellinge owte of the same parishe that than euerie person so dwellinge owte of the same parishe and hyvinge and takinge to ferme any pasture grownde lyenge in the said parishe owght to paye to the said parsons and proprietories of the said churche of St Oswold for the tyme beinge or vnto their fermers or deputies for every somme of iijs iiijd of the Annuall rente of the said grownde so letten iiijd and for euery somme of vjs viijd of the Annuall rente xijd’ and at an increasing and decreasing level according to the rate aforesaid in the name of tithes and as tithes aforesaid of pasture ground for animals, once in a year in each year and thus he should have and ought to pay and satisfy at present by reason of the premises; and he propounds as before.

15        Also, that the said part or one half of the aforesaid close, commonly called ‘Beggers boroughe’ rented, held and occupied in the years and months aforesaid or in any of the same years and months whatever by the aforesaid Thomas Wright, as is aforesaid, ‘laye to pasture and was eaten with diuers beasts euerie yere abovesaid’ and this was and is true, public, notorious and famous; and he propounds jointly, severally and concerning any of these points.

16        Also, that the said Thomas Wright in each year of the years aforesaid took, cut down and felled, had and bound into bundles or thus procured, ordered and caused to be taken, cut down felled and bound into bundles and converted to his own use 20 thousand ‘le faggotts of Gorse’ otherwise ‘fyerse’[1] in the said one half

[1] furze – another name for gorse which had a number of uses, including the construction of winter shelters for young cattle (Robert Holland (ed), A Glossary of Words used in the County of Chester (1885)).

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occupied, growing, arising and proceeding, and this party propounding submits and libels of whatever other number of ‘faggottes’ intermediate or lesser than this down to the number of four thousand ‘faggottes’and also of such and so great a number of such sort and amount as will be come to be proved more fully in the outcome of this suit; and he propounds jointly, severally and concerning any of these points.

17        Also, that the true value and valuation of any number of one hundred of these bundles whatever, in English ‘of euery C of the said faggottes’ in any single years of the years aforesaid notoriously amounted and amounts by common valuation of men to the sum or value of 2s 8d of English money, and this party propounding submits and libels of whatever other intermediate or lesser sum or value of any number of one hundred ‘faggottes’ aforesaid down to the sum or value of 16d and also such and so great and amount as will be come to be proved more fully by lawful proofs in the outcome of this suit; and he propounds jointly, severally and concerning any of these points.

18        Also, that the true value and valuation of the tithes or tenth part of any number of one hundred of the aforesaid ‘faggottes’ whatever in any single years of the years aforesaid notoriously extended and extends by common valuation of men to the amount or value of 3d of English money, and this party propounding submits and libels of whatever other intermediate or lesser value down to the sum of 1½d and also of such and so great a sort and amount as will be come to be proved more fully in the outcome of this suit; and he propounds jointly, severally and concerning any of these points.

19        Also, that the whole of that half of the close aforesaid called ‘Beggars borowghe’ rented and occupied by the aforesaid Thomas Wright as is thus aforesaid in all and singular the months aforesaid or in any of them whatsoever ‘dyd lye to pasture and was eaten with beastes’; and he propounds as before.

20        Also, that the aforesaid Thomas Wright tithes of the said ‘faggottes’ and grazing aforesaid growing, arising and proceeding in the said half of the aforesaid close pasture called ‘Beggarsboroughe’ rented and occupied by him as is thus aforesaid in the years and months mentioned before and to

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and singular or any of them […] and against the will, order or consent of the same farmer he or his men wickedly and unjustly subtracted, took and had and converted and disposed of them to his own use and thus converts and disposes at present, or at least he has paid or made available no tithes of ‘faggottes’ or grazing aforesaid up to now nor compounded with the same farmer for these tithes; and he propounds jointly and severally and concerning any of these points.

21        Also, that either half of the said close pasture respectively rented and occupied by the aforesaid Thomas Wright and Richard Broster as is thus aforesaid contained in any one year of the years aforesaid and thus contains at present 12, 11, 10, 9, eight, seven or at least six acres of pastures by common estimation of men; and he propounds as before.

22        Also, that the said part or one half of the aforesaid close, commonly called ‘Beggars boroughe’ rented, held and occupied by the aforesaid Richard Broster in the one thousand five hundred and 46th year of our lord in the months of  March, April, May, June, July, August, September, October, November, December, January and February or in any of those same months whatever or another ‘laye all to pasture and was eaten with diuerse beasts the said yeare’ and this was and is true, clear, notorious and famous; and he propounds jointly, severally and concerning any of these points.

23        Also, that the true value and valuation of the tithes or tenth part of the grazing of the said half close pasture commonly called ‘Beggars boroughe’ occupied by the aforesaid Richard Broster in that year, namely 1546, as it thus aforesaid, notoriously amounted and amounts by the common estimation of men to the amount or value of 2s 4½d, according to that laudable, ancient and lawful and prescribed custom of tithing or paying tithes of grazing of animal pasture as mentioned and specified above in the fourteenth article of this libel, and this party propounding submits and libels of whatever other intermediate or lesser amount or value down to the sum of 6d and also of such and so great a sort and amount as will be come to be proved more fully in the outcome of this suit for the year aforesaid; and he propounds jointly, severally and concerning any of these points.

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[24]      […]
[…] in the months of March, April, May, June, July, August, September, October, November, December, January and February in the one thousand five hundred 47^th, 48^th years of our Lord or in any of those years, in either or the other, and any of the said months whatever, in one or other, he sowed with oats, or caused thus to be sown, six, five or four acres of the said half close aforesaid rented and occupied by him, as is aforesaid, and from each acre thus sown with oats mowed, cut down, took, collected and had in either year of the years aforesaid 82 ‘thraues of ootes euery thraue conteyninge xxiiij sheves’ and this party propounding submits and libels of whatever other intermediate or lesser number of ‘Thraues’ of oats cut down, taken and had in any acre of the acres aforesaid down to the number of 16 ‘Thraues’ also of such and so great a number of such sort and amount as will be come to be declared more fully in the outcome of this suit; and he propounds as before.

25        Also, that any number of eight ‘Thraues’ of oats aforesaid threshed or flailed (in English ‘thresshyd’) in either year of the said years provided, produced and gave forth one quarter[1] of oats or somewhat less and this was and is true, clear, notorious, evident and famous; and he propounds as before.

26        Also, that the true value and valuation of any quarter of oats aforesaid notoriously amounted and amounts by common report of men in either year of the years aforesaid to the sum or value of 6s of English money, and this party propounding submits and libels of whatever other intermediate or lesser sum or value of any quarter of these oats down to the sum or value of 3s and also of such and so great an amount as may come to be proved and specified more fully by lawful proofs in the outcome of this suit; and he propounds as before.

[1] This was measure of weight for various commodities, including grain. It varied according to the area of the country and the commodity measured. Probably here equal to a quarter of a hundredweight, which was equal to 2 stone or 28 pounds, equal to 12.7 kg.

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27        Also, that the true value and valuation of the tithes or tenth part of any quarter of oats aforesaid notoriously amounted and amounts by common report of men in either year of the years aforesaid to the sum or value of 7d of English money, and this party propounding libels of whatever other intermediate or lesser sum or value of this tenth part down to the sum or value of 3d and also of such and so great an amount as may come to be proved more fully in the outcome of this suit; and he propounds as before.

28        Also, that the aforesaid Richard Broster in the one thousand five hundred 49^th year of our Lord last sowed with peas six, five or four acres of the said half close aforesaid and from the same acres sown with peas took, collected and had 12 cartloads of peas and this party propounding submits and libels of whatever other intermediate or lesser number than this of cartloads of peas down to the number of two cartloads and also of such and so great a number of such sort and amount as will be come to be declared more fully in the outcome of this suit; and he propounds as before.

29        Also, that the true value of any cartload of these peas notoriously amounted and amounts by common report of men to the sum or value of 10s of English money, and this party propounding libels of whatever other intermediate or lesser sum or value of any cartload of peas aforesaid down to the sum of 3s 4d and also of such and so great an amount or value of such sort and amount as may come to be proved more fully by lawful proofs in the outcome of this suit; and he propounds as before.

30        Also, that the true value and valuation of the tithes or tenth part of any cartload of peas aforesaid notoriously amounted and amounts by common report of men to the sum or value of 12d, and this party propounding submits and libels of whatever other intermediate or lesser sum or value of this tenth part of a cartload of peas down to the sum or value of 4d and also of such and so great an amount of such sort and amount as may come to be proved more fully in the outcome of this suit; and he propounds jointly, severally and concerning any of these points.

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31        Also, that the aforesaid Richard Broster in the one thousand five hundred and forty sixth, 47^th, 48^th and 49^th years of our Lord last, or in any of those years whatever, in one or other, held, kept and occupied two acres of meadow of the said half close aforesaid commonly called ‘Beggars boroughe’ and from there each year during the whole time aforesaid he took, collected and had three cartloads of hay, and this party propounding submits and libels of whatever other intermediate or lesser number of cartloads of this hay down to one cart load and also of such and so great a number of such sort and amount as may come to be declared more fully in the outcome of this suit; and he propounds jointly, severally and concerning any of these points.

32        Also, that the true value of any cartload of this hay notoriously amounted and amounts by common report of men to the sum or value of 5s of English money, and this party propounding libels of whatever other intermediate or lesser sum or value of any cartload of this hay down to the sum of 2s and also of such and so great an amount or value of such sort and amount as may come to be declared more fully by lawful proofs in the outcome of this suit; and he propounds jointly, severally and concerning any of these points.

33        Also, that the true value and valuation of the tithes or tenth part of any cartload of this hay notoriously amounted and amounts by common report of men to the sum or value of 18d, and this party propounding submits and libels of whatever other intermediate or lesser sum or value of the tithes or tenth part of any cartload of hay down to the sum or value of 2½d and also of such and so great an amount of such sort and amount as may come to be proved more fully in the outcome of this suit; and he propounds jointly, severally and concerning any of these points.

34        Also, that the said Richard Broster no tithes of the said herbage, oats, peas and hay aforesaid during the years and months aforesaid taken and had as is aforesaid and belonging by law to the aforesaid farmer of the church of Saint Oswald to the same

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this, but subtracted, took and had all and singular the same tithes wickedly and unjustly by himself or his men and had and converted to his own use, and converts at present, to the grave danger of his soul and to no little prejudice of the said farmer; and he propounds jointly and severally and concerning any of these points.

35        Also, that the aforesaid Thomas Wright and Richard Broster were often or once suitably and lawfully asked and requested respectively on behalf of the same farmer to pay, hand over and deliver to the aforesaid William Aldersey, farmer above-mentioned, all and singular the tithes aforesaid by them, as is aforesaid, taken, had and subtracted or not paid in the months and years aforesaid, if they are still in existence, or the true value of the same, or otherwise duly to compound with the same farmer for these tithes; and he propounds as before.

36        Also, that although the same Thomas and Richard were thus asked and requested to do as in the premises or in any of them, they have delayed and delay at present; and he propounds jointly, severally and concerning any of these points.

37        Also, that the said Thomas Wright and Richard Broster were and are of Chester diocese, and notoriously subordinate and subject to your jurisdiction; and he propounds as before.

38        Also, that it was and is on the part and behalf of the aforesaid farmer that complaint is rightly and lawfully made to you, lord judge aforesaid; and he propounds as before.

39        Also, that all and singular the premises were and are true, public, notorious, evident and well-known, and public voice and fame were and are circulating of and upon the same. Whereupon, due proof being made as required by law, the party of the said William Aldersey, oft-mentioned farmer, prays right and justice to be done and administered to him with effect in all and singular the premises respectively, by you and your definitive sentence or your final decree, Lord Judge aforesaid; he propounds the premises and the party of the said farmer prays that they are done jointly and severally, not binding himself to prove all and singular the premises, nor to the burden of a superfluous proof, concerning which he protests, but as far as he may prove in the premises, thus far may he obtain in the petitions, always reserving the benefit of law; humbly imploring your office lord judge aforesaid.

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[Endorsement]

[…] a cause of tithes between William Aldersey, plaintiff, and Thomas Wright and Richard Broster […] etc.

[in pencil in a different hand]

1549
/1

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

Translation copyright ©2024 P J Cox All Rights Reserved