EDC 5/1/9 – Order by king’s commissioners appointing ‘reeves’ etc. of Macclesfield church. At Ludlow, 26 Sep. 1538 (amended to 1548) Transferred to /7/2
This has been renumbered EDC 5/7/2
1538
EDC 5/1/8 – Libel in tithe cause: Ralph Davie, vicar of Over v. Robert Young, Edward Harrison & Benedict Barker 1538?
Ralph Done, vicar of Over, contra Robert Young, Edward Harrison and Benedict Barker
A dispute arose over entitlement to the tithes of the area of Whitegate, previously within the demesne of Vale Royal Abbey, following its dissolution in the autumn of 1538. Although the dissolution post-dates the months referred to in the libel, it is possible that this tithe dispute relates to non-payment by inhabitants of Whitegate to the vicar of Over.
This is the earliest surviving cause paper after the break with Rome which is reflected in the reference in the introductory paragraph to Henry VIII as head of the English church.
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In the name of God, Amen: before you, venerable Master Richard Smyth, Bachelor of Law, lawfully deputed to decide ecclesiastical causes by authority of the most illustrious prince in Christ […] by the grace of God king of England and France, defender of the faith, and on earth head under Christ of the English church […] man, William Knight, Doctor of Law, archdeacon of Chester, […][…] Donne, perpetual vicar of the perpetual vicarage of the parish church of Over, of the aforesaid archdeaconry of Chester and of Coventry and Lichfield diocese against Robert Young, Edward Harrison and Benedict Barker of the same parish of Over of the aforesaid archdeaconry and of your jurisdiction, and also against any other whomsoever intervening before you in judgement for the same, or any of them, says, alleges and propounds in these writings in law jointly, severally and in articles as follows:
1 Firstly, namely that the said Sir Ralph Donne was and is canonically instituted to the said perpetual vicarage in the parish church of Over of the archdeaconry of Chester of Coventry and Lichfield diocese, and, thus instituted to it with its universal rights and appurtenances has peacefully and quietly possessed it for some time, just as, saving what is written below, he thus also possesses it at present and also was and is commonly called, held, taken, named and publicly and notoriously reputed as perpetual vicar and canonical possessor of same perpetual vicarage of the parish church of Over aforesaid; and he propounds jointly, severally and concerning any of these points.
2 Also, that as well by the common law and agreement as by ancient laudable and lawful prescribed custom, from time immemorial hitherto inviolably and steadfastly used and observed and often upheld in judgment in a contested cause, the right of receiving and having all and singular tithes as well greater as lesser, mixed and minute, except crops and sheaves, and especially tithes of lambs and wool howsoever proceeding or arising within the bounds and limits of the said parish church of Over aforesaid, belonged and belongs and so should and ought also to belong in future to the perpetual vicar of the said perpetual vicarage of the parish church of Over aforesaid, whomsoever he may be at the time and to the previously- mentioned Sir Ralph, current vicar there, by right and in the name of his vicarage aforesaid; and he propounds jointly, severally and concerning any of these points.
3 Also, that the vicars of the said perpetual vicarage of the parish church aforesaid, precursors and predecessors of the previously-mentioned Sir Ralph, current vicar, each and every one of them in their successive times, were, in peaceful possession, or virtually so, of the right of receiving and having all and singular tithes aforesaid, proceeding and arising in the manner as aforesaid for 10, 20, 30, 40, 50, 60 years, before and since, and also from the time and throughout the time to the contrary of which there exists no memory of men, and took and had them themselves or their men throughout the same time, and freely disposed of the same through their own free will, as was the same Sir Ralph, present vicar aforesaid, for his whole and entire time until the time of the grievance set out below; and he propounds jointly, severally and concerning any of these points.
4 Also, that the aforenamed Robert Young, Edward Harrison and Benedict Barker, laymen, who had or have no right in any way in the said vicarage or the tithes aforesaid or in they themselves, despite which but after and in opposition to the fact, they did not pay nor satisfy nor did any of them whosoever pay or satisfy any tithes of lambs or wool within the bounds and limits of the said parish to the vicar of the said parish church before-libelled which belonging and appertaining, and should belong and appertain, to Sir Ralph Donne, present vicar, by right and in the name of this his vicarage in the months of March, April, May and June in the one thousand fifteenth hundred 38th present and current year of our Lord or in any one or other of those months whatsoever contrary to and against the will of the said Sir Ralph, present vicar of the same, but they subtracted, took and kept, or any one of them whatsoever thus subtracted, took and kept, the same tithes; and he propounds jointly, severally and concerning any of these points.
5 Also, that the true value and valuation of the tithes aforesaid as is thus aforesaid not paid and subtracted, kept and taken by them and any of them whomsoever by common report of men notoriously amounts to the sum or value of ten shillings and eight pence, and the party of the said Sir Ralph sets out and propounds of any other lesser sum or value down to the sum of two pence and of any other sum of such and so great an amount as may come to be declared by lawful proofs in the event of this suit; and he propounds jointly, severally and concerning any of these points.
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[In dei] nomine Amen Coram vobis venerabili viro Magistro Richardo Smyth in Jure baccallario Auctoritate Illustrissimi in Christo pri[ncipis]
[… dei] gracia Anglie et Francie Regis fidei [defensoris …] et in terris sub Christo ecclesie Anglicane [caput …]
virum Willielmum Knyght legum doctorem Archidiaconum Cestrie ad causas ecclesiasticas decidendum Officiali legitime deputato […]
Donne vicarij perpetuum vicarie perpetue ecclesie parochialis de Ouere predicte Archidiaconatus Cestrie Couentrensis et lichfeldensis diocesis contra et aduersus Robertum [yong Edwardum]
Harrison et Benedictum Barker euisdem parochie de Ouer predicte Archidiaconatus ac vestre Jurisdicionis necnon contra quemcunque allium coram vobis in J[udicio]
intervenientem pro eisdem seu eorum aliquo dicit allegat et in hijs scriptis in Jure proponit coniunctim et diuisim atque Articulatim prout sequitur
1 In primis videlicet quod dictus dominus Radulphus Donne fuit et est dictam vicariam perpetuam in ecclesia parochiali de Ouere Archidiaconatus Cestrie Couentrensis et lichfeldensis diocesis
canonice assecutus Ipsamque sic assecutam cum suis Juribus et pertinenciis vniuersis per nonnulla tempora possedit pacifice et quiete prout saluis
infrascriptis sic etiam possidet in presenti [necnon] pro vicario perpetuo et canonico possessore eiusdem vicarie perpetue ecclesie parochialis de Ouere [predicte]
fuit et est communiter dictus tentus habitus nominatus et reputatus publice et notorie et ponit coniunctim et diuisim ac de quolibet
2 Item quod tam de Jure communi et composicione quam de antiqua laudabili legitimaque prescripta consuetudine a tempore immemorato hucusque inviolabiliter
et inconcusse vsitata et obseruata ac incontradictorio Judicio sepius obtenta Jus percipiendi et habendi omnes et singulas decimas tam
maiores quam minores mixtas et minutas preter frugis et garbarum ac presertim decimas agnorum et lane infra fines et limites dicte eccl[esie]
parochiali de Ouere predicte qualitercunque provenientes et contingentes ad vicarium perpetuum vicarie perpetue dicte ecclesie parochialis de Ouere predicte quemcunque pro
[tempore] existens prelibatumque dominum Radulphum vicarium modernum Jure et nomine vicarie sue antedicte pertinuit et pertinet et sic pertinere debuit [et]
debet in futurum et ponit coniunctim et diuisim ac de quolibet
3 Item quod vicarij dicte vicarie perpetue ecclesie parochialis predicte prelibati domini Radulphi vicarij moderni precessores et predecessores omnes et singuli eorum
temporibus successiue existentes fuerunt in pacifica possessione seu quasi Juris percipiendi et habendi decimas predictas omnes et singulas modo quo prefertur provenientes
et contingentes A x xx xxx xl l lx annis vltra et citra necnon a tempore et per tempus cuius contrarij memoria hominum non existit easque per se et suos per
idem tempus perceperunt et habuerunt atque cum eijsdem pro eorum libitis voluntatum libere disposuerunt sicque fuit percepit habuit et disposuit Idem dominus
Radulphus vicarius modernus antedictus toto et omni tempore suo vsque ad tempus grauaminis infrascriptorum et ponit coniunctim et diuisim ac de quolibet
4 Item quod prenominati Robertus yong Edwardus Harrison et Benedictus Barker laici qui nihil Juris in dicta vicaria decimis ve predictis
habuerunt aut habent aliqualiter vel ad eas ipsas quoque non obstantibus sed post et contra ea nonnullas decimas Agnorum et lane infra fines et limites
dicte parochie mensibus Marcij Aprilis Maij et Junij presenti et currenti anno domini Millessimo quingentesimo xxxviijo eorundemve mensium quolibet [aliquo] siue
vno ad vicarium dicte ecclesie parochialis prelibate que dominum Radulphum Donne vicarium modernum Jure et nomine eiusdem sue vicarie spectantes et pertinentes ac
spectare et pertinere debentes preter et contra voluntatem dicti domini Radulphi vicarij moderni eidem non solverunt nec satisfecerunt neque eorum
quilibet soluit aut satisfecit sed easdem decimas subtraxerunt percipuerunt et habuerunt seu eorum quolibet sic subtraxit percepit et
habuit et ponit coniunctim et diuisim ac de quolibet
5 Item quod verus valor et estimacio decimarum predictarum sic vt prefertur non solutarum et per ipsos et eorum quemlibet subtractarum habitarum et
perceptarum ad summam sive valorem decem solidorum et octo denariorum et dat et libellat pars dicti domini Radulphi de qualibet summa siue valore
minore vsque ad summam duorum denariorum ac de tali ac tanta summa qualis et quanta per probaciones legitimas in eventu litis huiusmodi veniet
declarandum communi hominum estimacione notorie extendit et ponit coniunctim et diuisim ac de quolibet
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6 Also that the aforesaid Robert Young, Edward Harrison and Benedict Barker have been duly asked and requested, and any of them whatever has thus been asked and requested, at a suitable time and place, to pay and make payment to the said Sir Ralph, present vicar, the tithes aforesaid or otherwise duly to compound with him for these tithes; and he propounds jointly, severally and concerning any of these points.
7 Also, that the aforesaid Robert Young, Edward Harrison and Benedict Barker were asked and requested in the manner as is aforesaid, and any of them whoever was thus asked and requested as in the premises or any of them, they have not troubled to do so, nor has any of them whosoever troubled and thus in the months and year aforesaid, of in any of the same months whatever, in one or another, without there being any reasonable or lawful cause whatever, expressly declined and refused, or at least unduly delayed and deferred and also any of them whoever expressly declined refused and delays and defers at present; and he propounds jointly, severally and concerning any of these points.
8 Also, that the aforenamed Robert Young, Edward Harrison and Benedict Barker were and are, and any of them whatever was and is, of the archdeaconry of Chester and of Coventry and Lichfield diocese and for that reason subordinate and subject to your jurisdiction; and he propounds jointly, severally and concerning any of these points.
Also, that all and singular the premises were and are true, public, notorious, manifest and flagrant and public voice and fame were circulating of and upon the premises, just as they are circulating at present.
Whereupon, due proof being made as is required in this regard, for the making of which according to the requirements of law, the party of the said Sir Ralph offers himself to be proved, at a suitable and opportune place and time, the same party prays that right and justice should be done and administered to him in all and singular the premises, and for his right, title and possession, or virtual possession, of the right of receiving and having the said tithes of sheep and wool and all and singular other tithes (tithes of crops or sheaves only excepted) proceeding and arising within the bounds and limits of the said parish of Over to be adjudged, decreed and declared as his and of his vicarage aforesaid in future successive times in perpetuity. And also that the aforesaid Robert, Edward and Benedict are rightly and canonically obliged and compelled to pay, tithe and deliver their respective tithes thus subtracted by them and any of them whomsoever without any, or any kind of, diminution or the true value of the same at the convenience of the said vicar in the name of his vicarage in the said parish and that they will be condemned in the lawful costs incurred by reason of this suit, and he protests those to be incurred and, having been condemned, that they will be rightly and canonically obliged and compelled to the real payment of the same by you passing your definitive sentence in that behalf, lord judge aforesaid; the party of the said Sir Vicar propounds the premises and prays that they are done jointly and severally, not obliging himself to prove all and singular the premises, but so far as he has proved in the premises and matters concerning them, thus far may he obtain in the petitions, always reserving the benefit of law in all things; in addition the party of the said vicar prays that proceedings in this cause may be plainly heard by way of summary procedure, according to the requirement of law, humbly imploring your office, distinguished judge aforesaid.
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6 Item quod prefati Robertus yonge Edwardus Harrison et Benedictus Barker ad soluendum et satisfaciendum dicto domino Radulpho vicario moderno
decimas predictas seu ad aliter debite componendum cum eodem pro huiusmodi decimis ex parte dicti domini Radulphi congruis loco et tempore debite requisiti
fuerunt et interpellati sicque quilibet requisitus fuit et interpellatus et ponit coniunctim et diuisim ac de quolibet
7 Item quod antedicti Robertus yonge Edwardus Harrison et Benedictus Barker modo quo prefertur requisiti et interpellati et eorum quilibet sic
[requisitus] et interpellatus premissa seu eorum aliquod facere non curauerunt nec eorum quilibit curauit sicque mensibus et anno predictis eorundem
ve mensium quolibet siue vno absque causa racionabili seu legitima quacunque subsistens renuerunt expresse et recusauerunt seu saltem plus
debite distulerunt et differunt sicque eorum quilibet renuit expresse et recusauit distulerit et differt in presenti et ponit coniunctim et diuisim ac de quolibet
8 Item quod prenominati dictus Robertus yonge Edwardus Harrison et Benedictus Barker fuerunt et sunt et eorum quilibet fuit et est Archidiaconatus Cestrie
Couentrensis et lichfeldensis diocesis ac eius pretextu uestre Jurisdiccionis subditi et subiecti et ponit coniunctim et diuisim ac de quolibet
Item quod premissa omnia et singula fuerunt et sunt vera publica notoria manifesta et famosa ac de et super premissis laborarunt in presenti laborant publica vox et fama
Vnde facta fide que requisitur in hac parte ad quam faciendum iuxta Juris exigentiam
offert se pars dicti domini Radulphi se probaturi
pro loco et tempore congruis et oportunis petit eadem pars Jus et Justiciam sibi in premissis omnibus et singulis fieri et ministrari ac pro Jure titulo et
possessione sua seu quasi Juris habendi et percipiendi dictas decimas Agnorum et lane ac omnes et singulas alias decimes (decimis frugum
garbarum ve tuncmodo exceptis) infra fines et limites dicte parochie de Ouere provenientes et contingentes sibi et vicarie sue predicte futuris temporibus
successiuis imperpetuum adiudicari decernis et declarari Necnon prefatos Robertum Edwardum et Benedictum ad soluendum decimandum et
liberandum decimas suas respectiue antedicatas sic per ipsos et eorum quemlibet subtractas sine aliqua seu aliquali diminucione vel verum
valorem earundem ad comodum dicti vicarij nomine vicarie sue in dicta parochia rite et canonice cogi et compelli Atque in expensis legitimis
occasione huius litis factis et protestatur de fiendis condempnari condempnatosque ad
realem solucionem earundem rite et canonice cogi et
compelli per vos et vestram sententiam diffinitiuam in hac parte ferendam domine
Judex antedicte Premissa proponit et fieri petit pars dicti domini vicarij coniunctim
et diuisim Non arctans se ad omnia et singula premissa probanda Sed quatenus probauerit in premissis et ea concernentibus eatenus obtineat in petitis
Juris beneficio in omnibus semper saluo Petit insuper pars dicti vicarij quod procedatur in hac causa summarie et de plano iuxta Juris exigentia
vestrum officium implorando Judex egregie antedicte
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[Endorsement]
Libel in Donne against Young and others in a cause of subtraction of tithes.
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/8
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
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[Endorsement]
Libellus done contra yonge et alios in causa subtraccionis decimarum
[in pencil in a different hand]
/8
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
Ralph Done– plaintiff
Robert Young – defendant
Edward Harrison – defendant
Benedict Barker – defendant
Richard Smyth – official of the archdeacon of Chester
EDC 5/1/7 – Libel in defam. cause: Agnes Rosbothom v. Robert Haryson, both of Winwick pa. co. L. 12 Oct. 1535
Agnes Rosbothom contra Robert Haryson
The plaintiff claimed that Haryson had told several people that she had spent the night with Richard Parr in Haryson’s house. Haryson’s defence was that he had never said so.
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In the name of God, Amen: before you, venerable Master Richard Smyth, Bachelor of Canon Law, official of the lord archdeacon of Chester, or any other commissary of yours lawfully deputed in that behalf; the party of the honest woman Agnes Rosbothom of the parish of Winwick against Robert Haryson of the same parish, of Coventry and Lichfield diocese and the archdeaconry of Chester and of your jurisdiction, and against any other whomsoever lawfully intervening before you in judgement for […] says, alleges and propounds in these writings in law jointly, severally and in articles as follows:
m Firstly, the party of the said Agnes Rosbothom propounds and it is articled that there was and is a certain constitution of Canterbury province, concerning sentence of excommunication which begins ‘By authority of God, the Father almighty etc.’ rightly enacted and duly promulgated in which it is provided and established that all and singular subordinates and subjects of Canterbury province who for the sake of money, hatred or favour for any other cause whatsoever maliciously impute a crime to any person whereby he may be defamed among good and substantial persons whereby canonical purgation is awarded to him or he is harmed in some other manner were and are by culpability bound and tied ipso facto by the sentence […] of major excommunication promulgated in the said provincial constitution.
m Also, the said plaintiff propounds and it is articled that the aforesaid Robert Haryson was and is notoriously subordinate and subject to the said province of Canterbury and is taken and held as such, and openly, publicly and notoriously so known and reputed.
m Also, the same plaintiff propounds and it is articled that the aforesaid Robert Haryson, not ignorant of the premises, but heedless of the health of his soul, led by the counsel of a pernicious spirit, in the months of May, June, July, August or September, in one or another of the same months in the present and now current year of our Lord one thousand five hundred 35, within the said parish of Winwick, falsely, wickedly and maliciously and out of hatred defamed the aforesaid Agnes of and upon the crime of fornication and unchastity before serious and honest people and openly and publicly imputed the said crime to the same Agnes, namely by repeating and saying that a certain Richard Parr, in the absence of the said Robert Haryson, entered his house <…> on a certain night and slept in bed with the said Agnes through the night in the said house of the same Robert, asserting in addition that the said Richard Parr had indicated and reported to him, the same Robert, that he had entered his house in this way and slept with the same Agnes; and he propounds jointly, severally and concerning any of these points.
m Also, the plaintiff aforesaid propounds and it is articled that before this said defamation and the imputation of the said crime, the aforesaid Agnes has been and was a woman […] from that said crime, of good fame and unblemished reputation and held, taken, known and reputed for such and as such among her neighbours.
m Also, the said plaintiff propounds and it is articled that by occasion and reason of this defamation and of the imputation of the said crimes the reputation and good fame of the said Agnes Rosbothom are injured, burdened and blackened among her neighbours and also among good and substantial persons to the grave danger of the soul of Robert Haryson and to no small prejudice and damage to the said Agnes and the pernicious example of other Christian faithful, and he propounds as before.
m Also, that all and singular the premises were and are true, public, notorious, flagrant and public voice and fame were circulating of and upon the same, just as they are circulating at present, in the parish of Winwick and other neighbouring places.
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[In dei nomine A]men Coram vobis venerabili viro Magistro Richardo Smyth in decretis baccallario Officiali domini Archidiaconi cestrie vestrove commissario
[in hac parte legitime dep]utato quocunque pars honeste mulieris Agnete Rosbothom parochie de Wynwhik contra et aduersus Robertum Haryson eiusdem parochie
[couentrensis et ]lichfeldensis diocesis ac Archidiaconatus cestrie et vestre Jurisdictionis ac contra quemcunque alium coram vobis in Judicio legitime intervenientem pro […]
[dicit] allegat et in hijs scriptis in Jure proponit coniunctim et diuisim atque articulatim pro ut sequitur
m In primis ponit et articulatur pars dicte Agnete Rosbothom Quod fuit et est quedam
constitucio provincie cantuarensis de sententia excommunicacionis que
incipit Auctoritate dei patris omnipotentis et cetera rite edita et debite promulgata In qua cavetur et habetur quod omnies et singuli cant’ provincie
subditi et subiecti qui gratia lucri odij vel fauoris seu alia quacunque de causa crimen alicui maliciose imponunt vnde infamatus sit [apud]
bonos et graues ut sic saltem purgacio canonica eidem indicatur vel alio modo grauetur fuerunt et sunt in maioris excommunicacionis sentencia […]
dicta constitucione provinciali lata ipso facto dampnabiliter involuti et innodati
m Item ponit et articulatur dicta pars actrix quod prefatus Robertus Haryson fuit et est dicte cant’ provincie et vestre Jurisdiccionis notorie s[ubditus]
[et] subiectus ac pro huiusmodi tentus habitus atque palam publice et notorie cognitus et reputatus
m Item ponit et articulatur eadem pars actrix quod prefatus Robertus Haryson premissorum non ignorus immo salutis anime sue immemor spiritu pern[icioso]
consilij ductus Mensibus Maij Junij Julij Augusti seu Septembris siue vno vel aliquo eorundem Mensium presenti et iam currenti anno domini
Millesimo quingentesimo xxxvto infra dictam parochiam de Wynwike prefatam Agnetem falso nequiter et maliciose atque ex odij fomite
de et super crimine fornicacionis et incontinentie coram grauibus et honestis diffamauit et dictum criminem eidem Agneti palam et publice
imposuit videlicet recitando et dicendo quod quidam Ricardus Parr in absentia dicti Roberti Haryson a domo sua intrauit <…> in dictam
domum eiusdem Roberti quadam nocte et concubuit in lecto cum dicta Agnete per illam noctem asserens insuper quod dictus Ricardus Parr sibi
eidem Roberto se ita intrasse domum suam et cum eadem Agnete concubuisse indicauerat et narrauerat et ponit coniunctim diuisim ac de quolibet
m Item ponit et articulatur pars actrix predicta quod ante huiusmodi diffamacionem et dicti criminis imposicionem prefata Agnes fuit et erat mulier […]
a dicto crimine bone fame et opinionis illese atque pro tali et ut talis inter vicinos suos tenta habita cognita et reputata
m Item ponit et articulatur dicta pars actrix quod occasione et pretextu huiusmodi diffamacionem et dicti criminis imposicionis opinio et bona fama d[icte]
Agnetis Rosbothom leduntur grauantur et denigrantur ac inter vicinos suos etiam bonos et graues attenuantur in anime dicti Roberti
Haryson graue periculum dicteque Agnetis preiudicium non modicum et grauamen ac aliorum christifidelium exemplum perniciosum et ponit ut supra
m Item quod omnia et singula premissa fuerunt et sunt vera publica notoria manifesta et famosa ac de et super eisdem in parochia de Wynwyke
predicta et locis alijs convicinis laborarunt et in presenti laborant publica vox et fama
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Whereupon, due proof being made, as required by law in this behalf, the party of the said Agnes Rosbothom prays that the aforesaid Robert Haryson, by occasion and reason of the premises, has ipso facto culpably sustained and incurred the said sentence of major excommunication in the manner as aforesaid as issued in the aforementioned constitution of the province, and that he is and was bound, enfolded and excommunicated by it, and should be publicly pronounced, decreed and declared for such and as such; and he, Robert, should be canonically corrected and punished for such excess of temerity, according to the due requirement of law: and will be condemned in the lawful costs incurred by the said Agnes reason of this suit and, having been condemned, will be canonically obliged and compelled to the real payment of the same by you passing your definitive sentence in that behalf, lord judge aforesaid; and furthermore that what may be of law and reason in the premises and matters concerning them may be done, established and decreed; the party of the said Agnes propounds the premises and prays that they are be done jointly and severally, not obliging himself to prove all and singular the premises, but so far as he has proved in the premises thus far may he obtain in the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, lord judge. And the plaintiff aforesaid assets the right of amending, correcting and modifying this his libel at a suitable and appropriate time and place and for suitable and appropriate reason.
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Vnde facta fide in hac parte de Jure requisita petit pars dicte Agnetis Rosbothom prefatum Robertum Haryson premissorum occasione et pretextu
in dictam maiorem excommunicacionis setentiam in prelibatam constitucionem provincie modo quo prefertur latam ipso facto dampnabiliter incidisse et incurrisse
ac ea ligatum et involutum atque excommunicatum fuisse et esse atque pro tali et ut talis denunciandum publice debere pronunciari decerni et
declarari Ipsumque Robertum pro tanto sue temeritatis excessu iuxta Juris debitam exigentiam canonice corrigi et puniri A[tque]
in expensis legitimis per partem dicte Agnetis occasione huius litis factis et protestatur de faciendis condempnari condempnatumque ad
realem solucionem earundem canonice cogi et compelli per vos et vestram sententiam difinitiuam in hac parte ferendam domine
Judex antedicte Vlteriusque fieri statui et decerni in premissis et ea concernentibus quod Juris fuerit et racionis Premissa proponit et
fieri petit pars dicte Agnetis coniunctim et diuisim Non arctans se ad omnia et singula premissa probanda Sed quatenus probauerit in premissis
eatenus obtineat in petitis Juris beneficio in omnibus semper saluo vestrum officium in premissis domine Judex humiliter implorando
Et protestatur pars actrix predicta de emendando corrigendo et reformando hunc suum libellum pro loco tempore et causa congruis et oportunis
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[Endorsement]
Rosbothom against Haryson
[in pencil in a different hand]
1535
/7
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[Endorsement]
Rosbothom contra Haryson
[in pencil in a different hand]
1535
/7
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[Endorsement]
On the 7th day of the month of October in the year of our Lord above-written Brian presented the libel
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
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[Endorsement]
vijo die mensis octobris Anno domini superscripto Brian dedit libellum
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
Agnes Rosbothom– plaintiff
Robert Haryson – defendant
Richard Parr – mentioned in the libel
Richard Smyth – official of the archdeacon of Chester
EDC 5/1/6 – Libel in defam. cause: John Mynshull & Sir Gilbert Lightfote v. Alice Sceriot re. her words in Warmingham church April 1534
John Minshull and Sir Gilbert Lightfoot, chaplain, contra Alice Scariot
The plaintiffs in this unusual defamation cause claimed that Alice had defamed them by saying that they had bribed her to defame Agnes, wife of Edmund Kinsey, by calling her ‘stronge hor’.
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In the name of God, Amen: before you, venerable Master Richard Smyth, Bachelor of Canon Law, official of the lord archdeacon of Chester, or any other commissary whomsoever lawfully deputed in that behalf; the party of the distinguished John Minshull and Sir Gilbert Lightfote,chaplain, jointly and severally, against Alice Scariot, formerly of the parish of Warmingham, of the diocese of Coventry and Lichfield and against any other whomsoever lawfully intervening before you in judgement for the same says, alleges and propounds in these writings in law jointly, severally and in articles as follows:
m Firstly, the party of the said John Mynshull and Sir Gilbert Lightfote propounds and it is articled jointly and severally, as aforesaid, that there is a certain constitution of the province of Canterbury promulgated, concerning sentence of excommunication which begins ‘By authority of God, the Father almighty’ in which it is provided and established that all and singular subordinates and subjects of the province of Canterbury who for the sake of hatred or for any other cause whatsoever maliciously impute a crime to any person whereby he is defamed among good and substantial persons whereby canonical purgation is awarded to him or he is harmed in some other manner were and are by culpability bound and tied ipso facto by the sentence […] of major excommunication promulgated in the said constitution.
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In dei nomine Amen Coram vobis venerabile viro Magistro Richardo Smyth in decretis baccallario Officiali domini [Archidiaconi cestrie seu]
commissario in hac parte legitime deputato quocunque pars discretorum virorum Johannis Mynshull [et domini Gilberti Lightfote]
capellani coniunctim et diuisim contra et aduersus Aliciam Scariot nuper parochie de W[armingham]
couentrensis et lichfeldensis diocesis ac contra quemcunque alium coram vobis in Judicio legitime pro eidem intervenientem [dicit allegat et in]
hijs scriptis in Jure proponit coniunctim et diuisim atque articulatim pro ut sequitur
m In primis ponit et articulatur pars dictorum Johannis Mynshull et domini Gilberti lightfote coniunctim ut prefertur et divisim [est quedam]
constitucio provincie cant’ de sententia excommunicacionis que incipit Auctoritate dei patris omnipotent[is]
promulgata in qua cavetur et habetur quod omnes et singuli cantuar’ provincie subditi et subiecti qui [gratia odij?]
seu alia quacunque de causa crimen alicui maliciose imponunt vnde infamatus sit apud bonos [et graves]
purgacio canonica eidem indicatur vel alio modo grauetur fuerunt et sunt in maioris excommunicacionis sentencia […]
lata ipso facto dampnabiliter involuti et innodati
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m Also, the plaintiff aforesaid propounds and it is articled that the aforesaid Alice Scariot was and is subordinate and subject to the said province of Canterbury […] and is taken and held as such, and openly, publicly and notoriously so known and reputed.
m Also, the said plaintiff propounds and it is articled that the aforesaid Alice Scariot, not ignorant of the premises, but heedless of the health of her soul, led by an evil spirit, in the month of April in the present and current year of our Lord one thousand five hundred 34, namely on […] day of Easter last past, in the parish church of Warmingham, of the diocese aforesaid, openly and publicly before a multitude of people then assembled there, falsely, wickedly and maliciously and out of hatred, imputed to the aforesaid John Minshull and Sir Gilbert, and either of them, the crime set out below; namely that while a certain Edmund Kinsey of the said parish at the time […] the said Alice Scariot who had caused her, Alice, to defame Agnes, wife of the same Edmund, the said Alice Scariot openly and publicly replied, ‘Mary that did John Mynshull for he promised to geve [a] kyrtyll[1] for to sclaunder hyr to be a stronge[2] hore’ and with other defamatory words similar to these and […].
m Also, the same plaintiff propounds and it is articled that the aforesaid Alice Scariot, at the time and place aforesaid, and then immediately […] by the same Edmund […] had caused or instigated her to defame Agnes, his wife, of having committed adultery with someone, replied openly and publicly ‘Syr gilbert lightfote counseled and caused me so to sclaunder hyr an hor’ or by other defamatory and scandalous words similar to these, and […] the same ill-fame and scandal [and] he propounds jointly, severally and concerning any of these points, as before.
m Also, the said plaintiff propounds and it is articled that before this said defamation and the imputation of the said crime, the aforesaid John Mynshull and Sir Gilbert Lightfoot have been and were, and either of them has been and was, men of good fame, […] opinions and taken, held, known and reputed as such between close friends and neighbours.
m Also, the said plaintiff propounds and it is articled that by occasion and reason of this said defamation and these crimes or […] and good fame of the said John Mynshull and Sir Gilbert and, and either of them, are grievously injured, burdened […] their relatives and neighbours and also among good and substantial persons to the grave danger of the soul of Alice Scariot and to no small prejudice and damage to the said John and Sir Gilbert and the pernicious example of Christian faithful, and he propounds as before.
m Also, the same plaintiff propounds and it is articled that all and singular the premises were and are true, public, notorious, flagrant and public voice and fame were circulating of and upon the same, just as they are circulating at present, in the parish of Warmingham and other places neighbouring the same.
[1] kirtle = a gown or skirt
[2] strong = (of a crime) gross or flagrant
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m Item ponit et articulatur pars actrix predicta quod prefata Alicia Scaryot fuit et est dicte cant’ provincie […]
subdita et subiecta ac pro huiusmodi tenta habita atque palam publice et notorie cognita et reputata
m Item ponit et articulatur dicta pars actrix quod prefata Alicia Scariot premissorum non ignora imo salutis anime sue immem[or spiritu]
maligno ducta mense Aprilis presenti et currenti anno domini millesimo quingentesimo xxxiiijto videlicet die […]
pasche vltimo peracte in Ecclesia parochiali de Wermyncham diocesis antedicte palam et publice coram populi multitudine
tunc ibidem congregata falso nequiter et maliciose atque ex odij fomite prefatos Johannem Mynshull et dominum gil[bertum]
ac eorum vtrique crimina subscripta imposuit videlicet quod cum quidam Edmundus Kynse dicte parochie tem[pore] […]
[…] dictam Aliciam Scaryot quis causauerat ipsam Aliciam diffamare Agnetam vxorem eiusdem Edmundi
dicta Alicia Scaryot palam et publice respondebat Mary that did John Mynshull for he promised to geve [a]
kyrtyll for to sclaunder hyr to be a stronge hore et per alia verba diffamatoria hijs consimilia et p[…]
m Item ponit et articulatur eadem pars actrix quod prefata Alicia Scaryot tempore et loco predictis ac tunc statim ab eodem Edmundo […]
causauerat seu instigauerat ipsam Aliciam diffamare dictam Agnetam vxorem suam super adulterio cum q[uodam]
commisso Respondebat palam et publice Syr gilbert lightfote counseled and caused me so to sklaunder
hyr an hor vel per alia verba diffamatoria et scandalosa hijs consimilia et eandem infameam et <idem> scandalum […]
ponit coniunctim et diuisim ac de quolibet ut supra
m Item ponit et articulatur dicta pars actrix quod ante huiusmodi dictam diffamacionem et dictum criminum imposicionem prefati Johannes [Mynshull et dominus]
Gilbertus lightfote fuerunt et erant viri et eorum vterque fuit et erat vir bone fame opinionis […]
et vt tales inter proximos et vicinos habiti tenti cogniti et reputati
m Item ponit et articulatur dicta pars actrix quod occasione et pretextu dicte diffamacionis huiusmodi et dictorum criminum seu cu[…]
et bona fama dictorum Johannis Mynshull et dominum gillbertum ac eorum vtriusque enormiter leduntur grauantur […]
vicinos et proximos suos etiam bonos et graues in anime Alicie Scaryot graue periculum dictorum [Johannis et domini Gilberti]
ac vtriusque eorundem preiudicium non modicum et grauamen ac aliorum christifidelium exemplum perniciosum et p[onit ut supra]
m Item ponit et articulatur eadem pars actrix quod omnia et singula premissa fuerunt et sunt vera publica notoria manifesta [atque de]
et super eisdem in parochia de Wermyncham predicta ac locis alijs eidem convicinis laborarunt et in presenti l[aborant publica vox et fama]
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Whereupon, due proof being made, as required by law in the premises, the party of the said John Mynshull and Sir Gilbert Lightfoot, and either of them severally, prays that the aforesaid Alice Scariot, by occasion and reason of the premises, has culpably sustained and incurred major excommunication issued ipso facto in the manner as is aforesaid in the said constitution of the province, and is and was bound and […] by that, and is pronounced, decreed such and as such should be publicly denounced and the said Alice Scariot should be canonically punished for such excess of temerity, according to the due requirement of law: and will be condemned in the lawful costs of this suit incurred and […] on behalf of the said John and Sir Gilbert and either of them, and, having been condemned, will be canonically obliged and compelled to the real payment of the same by you passing your definitive sentence in that behalf, lord judge aforesaid; and furthermore that what is of law and reason in the premises may be done, established and decreed; the plaintiff aforesaid propounds the premises and prays that they are be done jointly and severally, not obliging himself to prove all and singular the premises, but so far as he has proved in the premises thus far may he obtain in the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, lord judge.
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Vnde facta fide in premisis de Jure requisita petit pars dictorum Johannis Mynshull et domini Gilberti light[fote]
vtriusque per se diuisim prefatam Aliciam Scariot premissorum occasione et pretextu in dictam maiorem excommu[nicacionis]
constitucionem provincie modo quo prefertur latam ipso facto dampnabiliter incidisse et incurrisse ac ea ligatam et […]
[…] fuisse et esse atque pro tali et ut tales denunciandam publice debere pronunciari decerni et [dictam]
Aliciam Scaryot pro tanto sue temeritatis excessu iuxta Juris debitam exigentiam canonice [puniri]
Atque in expensis legitimis huius <litis> per partem dictorum Johannis et domini gilberti ac eorum vtriusque factis et […]
condempnari condempnatamque ad realem solucionem earundem canonice cogi et compelli per vos et v[estram sententiam]
difinitiuam in hac parte ferendam domine Judex antedicte Uleriusque fieri statui et decerni in [premissis]
quod Juris fuerit et racionis Premissa proponit et fieri petit pars actrix antedicta coniunctim et diuisim Non [arctans se ad omnia]
et singula premissa probanda Sed quatenus probauerit in premissis eatenus obtineat in petitis Juris [beneficio in omnibus]
semper saluo vestrum officium domine Judex in premissis humiliter implorando
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[Endorsement]
Mynshull
against Scariot
Lightfoot
[in pencil in a different hand]
1534
/6
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
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[Endorsement]
Mynshull
contra Scariot
Lightfoot
[in pencil in a different hand]
1534
/6
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
John Minshull – plaintiff
Sir Gilbert Lightfoot – plaintiff
Alice Scariot – defendant
Agnes Kinsey – mentioned in the libel
Edmund Kinsey – mentioned in the libel
Richard Smyth – official of the archdeacon of Chester
EDC 5/1/5 – Libel in matrimonial cause: Piers Orrell of Wigan co. L. states that wife Anne was enticed away from him by her friends. 16 Oct, 1533
Anne Orell contra Piers Orrell.
The surviving material consist of the exceptions of Piers Orrell to his wife’s libel. Piers claimed that Anne had been lured away from him by her friends who told her that he was trying to poison her. He admitted that he had sent away a woman he had been keeping in his house and who was alleged to be his concubine. He claimed that Anne’s friends were keeping her closely confined and the reason they had done so involved ‘certen greate & notable summes’ of money due to him.
1533
Matrimonial – separation from bed and board (adultery and cruelty)
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In the name of God, Amen; in a certain pretended cause of divorce from bed and board which is pending undecided before you, master Richard Smyth, Bachelor in Decretals, official of the lord […] between Anne Orell, wife of Piers Orell, pretended party plaintiff on the one part, and the same Piers Orell, her husband, the pretended defendant on the other part; in the term assigned to him, the aforesaid Piers, for alleging and propounding certain just and true material […] Anne and the pretended libel, wickedly made and offered on her behalf by pretended council, says and alleges and in these writings in the vulgar tongue alleges and propounds the said material as follows:
m Firstly, ‘the sayd Piers Orell allegeth & saythe that the sayd Anne his wyffe wolde neuer haue caused hym […] ben Cited ner sued before your maystershyp here ner elles where for eny suche matter as is vntruly & wykedly […] & alleget in the sayd pretensid libell but only by & throghe the wykyd & peruerse councell […] of certen persons whiche take apon theym to be her Frendes the whiche persons only by there enticement caused her to goo with theym from her sayd husband and so do kepe her styll amongest theym with force […] to her owne mynde & will yf she now myght be at her owne Fre wyll & libertie to do as she […] withoute drede & daunger of the saydes persons’.
m Also ‘the sayd Piers Orell allegeth & sayth that the saydes persons wolde neuer haue councelled ner constrayned his sayd wyffe to do as she hathe done for eny maner proffet help or releffe vnto her […] the true entent purpas & mynde of theym was & is for the deley of certen greate & notable summes of […] the sayd persons shulde pay vnto the sayd Piers Orell & his sayd wyffe whiche they […] be delayed & witholden for euer yf they myght brynge the sayd devorce to passe’.
m Also ‘the sayd Piers allegeth & saythe that euer sythe the tyme that his sayd wyffe was taken […] hym she hathe ben in strayte & secrete kepynge amongest the saydes persons inso myche that no man […] come to speyke with her but suche as her saydes Frendes wyll suffre for feyre lest eny wolde come […] to goo agayne to <hym> her sayd husband by reason wherof she is vtterly excludet from all fre wyll & liberty […] so she remayneth still in suche custodie & kepyne more lyke vnto a prison then otherwyse’.
m Also ‘the sayd Piers saythe that he hathe ben credibly enformed by suche persons as haue […] commynycacion with his sayd wyffe that yf she myght be her owne worthy & at her owne libertie she […] come whom[1] to hym & to her owne house agayne yf she knew that her sayd husband wolde in lyke wyse be pleased & contented’.
[1] Home
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In dei nomine amen In quadam pretensa causa diuorcij a mensa et thoro que coram vobis magistro Ricardo Smyth in Decretis baccallario Officiali do[mini …]
inter Annam Orell vxorem Petri Orell partem actricem pretensam ex vna et Idem Petrum Orell virum suum partem se defendentem ex altera [pendet]
indecisa In termino sibi prefato Petro assignato ad allegandum et proponendum quendam materiam iustam et veram et maxime […]
Annam et pretencum libellum ex parte sua nequiter ex concilio pretenso facto et oblato dicit et allegat et in hijs [scriptis]
in vulgari lingua sequitur dictam materiam allegat et proponit
m In primis the sayd Piers Orell allegeth & saythe that the sayd Anne his wyffe wolde neuer haue caused hym […]
ben Cited ner sued before your maystershyp here ner elles where for eny suche matter as is vntruly & wyke[dly …]
& alleget in the sayd pretensid libell but only by & throghe the wykyd & peruerse councell […]
of certen persons whiche take apon theym to be her Frendes the whiche persons only by there entice[ment]
caused her to goo with theym from her sayd husband and so do kepe her styll amongest theym <with force> […]
to her owne mynde & will yf she <now> myght be at her owne Fre wyll & libertie to do as she […]
withoute drede & daunger of the saydes persons
m Item the sayd Piers Orell allegeth & sayth that the saydes persons wolde neuer haue councelled
ner constrayned his sayd wyffe to do as she hathe done for eny maner proffet help or releffe vnto her […]
the true entent purpas & mynde <of theym> was & is for the deley of certen greate & notable summes of […]
the sayd persons shulde pay vnto the sayd Piers Orell & his sayd wyffe whiche they […]
be delayed & witholden for euer yf they myght brynge the sayd devorce to passe
m Item the sayd Piers allegeth & saythe that euer sythe the tyme that his sayd wyffe was taken […]
hym she hathe ben in strayte <& secrete> kepynge amongest the saydes persons inso myche that no man […]
come to speyke with her but suche as her saydes Frendes wyll suffre for feyre lest eny wolde come […]
to goo agayne to <hym> her sayd husband by reason wherof she is vtterly excludet from all fre wyll & lib[erty …]
so she remayneth still in suche custodie & kepyng more lyke vnto a prison then otherwyse
m Item the sayd Piers saythe that he hathe ben credibly enformed by suche persons as haue […] commynycacion with his sayd wyffe that yf she myght be her owne worthye & at her owne libertie she […]
come whom to hym & <to> her owne house agayne yf she knew that her <sayd husband> wolde in lyke wyse […]
pleased & contented
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m Also ‘the sayd Piers allegeth & saythe that where it is vntruly wykydly & maliciously surmysed & alleg[ed …] sayd pretended libell that he shuld be […] & abowte to poysen hys sayd wyffe and also that he […] a concubyne & a harlot within his owne house the trothe therof is that he neuer entendyt by nyght […] day more hurte ner harme vnto his said wyffe then he entendet to his owne bodye and as […] said woman whiche is allegit that he shuld kepe he hathe now avoydet[1] her owte of his house […] company for euer And prayeth that his sayd wyffe may be restored to hym agayne and that she be […] ner letted[2] from the same by meanes of her sayd Frendes but that she may be at her owne lib[erty …] & the rather Inso myche it is a matter concernynge? the helth of bothe theyre soules and yf his sayd wyffe by mea[ns …] false enformacions of her saydes Frendes or otherwyse do drede or Fere euery maner of vnlawfull […] hym her sayd husband he shall bynde hym with sufficient sureties with hym in a grette somme […] to enny suche person or persons as shalbe thoght convenyent to be bounden vnto that he shold in all th[inges …] well & convenyently order & kepe his sayd wyffe at his bedde & borde & all other thynges lawfull […] honest man shuld do his wyffe withoute Ieperdie[3] of enny bodyly hurte or harme to her by hys […] done’.
m ‘All whiche premisses be verry true & evidently knowen in & by all the paroche of Wygen & the […] there abowtes wherefore the sayd Piers Orell prayeth that a personall Citacean may be […] sende for his sayd wyffe by meanes wherof she may be caused personally to appere before your maystershyp here at the next Consistorye to vnswere to the premisses by reason of whose vnswere the troth […] euery thyng shalbe evydently knowen withoute enny further proves therapon to be had yf she […] libertie to say the trothe withoute drede & Feyre of theym which haue her nowe at theyre […] gydynge’.
[1] Avoid = to remove
[2] Let = to keep back, hinder
[3] Jeopardy = danger
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m Item the sayd Piers allegeth & saythe that where it is vntruly wykydly & maliciosly surmysed & alleg[ed …]
sayd pretensed libell that he shuld be […] & abowte to poysen hys sayd wyffe and also that he […]
a concubyne & a harlot within his owne house the trothe therof is that he neuer entendyt by nyght […]
day more hurte ner harme vnto his said wyffe then he entendet to his owne bodye and as […] sayd woman whiche is allegit that he shuld kepe he hathe now avoydet her owte of his house […]
company for euer And prayeth that his sayd wyffe may be restored to hym agayne and thatt she be […]
ner letted from the same by meanes of her sayd Frendes but that she may be at her owne lib[erty …]
<& the rather> Inso myche it is a matter concerninge? the helth of bothe theyre soules and yf his sayd wyffe by mea[ns…]
false enformacions of her saydes Frendes or otherwyse do drede or Feyre euery maner of vnlawffull […]
hym her sayd husband he shall bynde hym with sufficient sureties with hym in a grette somme […]
to enny suche person or persons as shalbe thoght convenyent to <be> bounden vnto that he shold in all th[inges …]
well & convenyently order & kepe his sayd wyffe at <his> bedde & borde & all other thynges lawfull […]
honest <man> shuld do his wyffe withoute Ieperdie of enny bodyly hurte or harme to her by hys […]
done
m All whiche premisses <be> verry true & evidently knowen in & by all the paroche of Wygen & the […]
there abowtes wherefore the sayd Piers Orell prayeth that a personall Citacean may be […] sende for his sayd wyffe by meanes wherof she may be caused personally to appere before your may[stershyp]
here at the next Consistorye to vnswere to the premisses by reason of <whose> vnswere the troth […]
euery thyng shalbe evydently knowen withoute enny further proves therapon to be had yf she […]
libertie to say the trothe withoute drede & Feyre of theym which haue her <nowe> at theyre […]
gydynge
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[Endorsement]
Certain material of Piers Orell
On the 16th day of the month of October in the one thousand five hundred 33rd year of our Lord, Pyllyn gave this material in the presence of Brian Garnett etc.
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[Endorsement]
quedam materia Petri Orell
xvjto die mensis octobris Anno domini Millesimo quingentesimo xxxiijo
pyllyn in presentia brian garnett dedit materiam et cetera
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[Endorsement]
[in pencil in a different hand]
1533 Oct.16 Allegations of Peter [or Piers] Orrell.
His wife Anne entised and taken away from him by her friends.
/5
EDC 5
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
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[Endorsement]
[in pencil in a different hand]
1533 Oct.16 Allegations of Peter [or Piers] Orrell.
His wife Anne entised and taken away from him by her friends.
/5
EDC 5
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
Anne Orrell – plaintiff
Piers Orrell – defendant
Richard Smyth – official of the archdeacon of Chester
Brian Garnett – proctor for the plaintiff
William Pyllyn – proctor for the defendant
EDC 5/1/4 – Libel in matrimonial cause: Joan Dutton of Weaverham parish v. Richard Comp(.?.), married when aged less than 7 & 13 respectively. 16 Sep. 1533
Joan Dutton alias Sompnor contra Richard Sompnor. Joan claimed that she was under the age of 7 and Richard under 13 at the time of a marriage which had taken place in Great Budworth church some nine years earlier at the instigation of Joan’s parents and friends. She requested that the marriage be annulled as it was invalid.
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In the name of God Amen: before you, the venerable Master Richard Smyth, Bachelor of Canon Law, official of the lord archdeacon of Chester, or your […] whomsoever lawfully deputed in that behalf; the party of the honest woman Joan Dutton otherwise Sompnor against Richard Sompnor, pretended husband of the said Joan, of the parish of Weaverham of Coventry and Lichfield diocese and of your jurisdiction, and against any other whomsoever lawfully intervening before you in judgement for the same says, alleges and propounds in these writings in law:
That although she by […] of her parents and friends a certain pretended marriage, or in reality a certain sham of matrimony, was and is de facto celebrated, or, more correctly profaned, and somehow solemnised in the face of the church between the said Joan and Richard Sompnor […] under age and of minor age, namely the said Joan being under the age of seven years and the said Richard under the age of 13 years […] about nine years ago in the church of Budworth.
She, Joan Dutton, at no time after she […] to the years of puberty or before or after […] to the said pretended marriage, which she immediately and always entirely protested, objected and opposed and nor did she ever agree to him, Richard, as her lawful husband by sexual intercourse or in any other ways whatsoever nor did she ratify or in any way at all confirm this pretended marriage by deed or sign, but always and entirely objected and openly and publicly protested and opposed this, just as at present she objects, protests and opposes it.
All and singular the premises were and are true, public, notorious, manifest and well known, and public voice and fame were circulating and are at present circulating regarding and concerning the same in the parish of Weaverham aforesaid and in surrounding places.
Whereupon, due proof of the premises being made as required by law, the party of the said Joan Dutton otherwise Sompnor asks that this said pretended marriage, as thus aforesaid, de facto, since it was invalid in law, and should not have been celebrated by occasion and reason of the premises, was and is of no […] or moment or lacked and lacks the force of law and to be decreed and declared that it was and is quashed, void and nullified, they Richard and Joan are separated and divorced from each other and from any pretended bond of marriage by passing your definitive sentence in this behalf, lord judge aforesaid; the party of the said Joan […] Sompnor propounds the premises and prays that they are done jointly and severally, not binding himself to prove all and singular the premises, but so far as he shall prove in the premises, and matters concerning them, so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, judge aforesaid.
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In dei nomine Amen Coram vobis venerabili viro magistro Richardo Smyth in decretis baccallario officiali domini Archidiaconi cestrie vestrove […]
in hac parte legitime deputato quocunque pars honeste mulieris Johanne Dutton alias sompnor contra et aduersus Ricardum
Sompnor parochie de Weuerham coven’ et lich’ diocesis et vestre Jurisdiccionis Virum pretensum dicte Johanne ac contra quemcunque alium
coram vobis in Judicio legitime intervenientem pro eodem dicit allegat et in hijs scriptis in Jure proponit Quod licet ex […]
parentum et amicorum suorum quoddam pretensum matrimonium seu verius effigies quedam matrimonij inter dictam Johannam et Ricardum Sompner […]
impuberes et etate minores videlicet dictam Johannam sub etate septem annorum constitutam et dictum Ricardum sub etate xiij Annorum […]
de facto celebratum immo verius prophanatum et in facie ecclesie taliter qualiter solemnizatum circiter novem annos elapsos in ecclesia […]
Budworth fuerit et sit Ipsa nichilominus Johanna Dutton postquam ad Annos pubertatis [..] seu ante post […]
dicto pretenso matrimonio quod statim ac semper et omnino Reclamauit dissensit et contradixit neque in ipsum Ricardum vt in Virum
legitimum per carnalem copulam alijs ve modis quibuscunque unquam consensit illud ve pretensum matrimonium huiusmodi Re aut [signo]
ratificauit seu quomodolibet confirmauit sed semper et omnino dissensit ac palam et publice reclamauit et contradixit pro ut in presenti
dissentit Reclamat et contradicit Que omnia et singula premissa fuerunt et sunt vera publica notoria manifesta et famosa [atque de]
et super eijsdem in parochia de Weuerham predicta et locis alijs circumvicinis laborarunt et in presenti laborant pu[blica vox et fama]
Vnde facta fide in premissis de Jure Requisita petit pars dicte Johanne Dutton alias sompnor
dictum pretensum [matrimonium]
huiusmodi sic ut prefertur de facto cum de Jure nvllum fverit nec sit celebratum premissorum occasione et pretextu nullius […]
aut momenti fuisse vel esse viribusque Juris caruisse et carere debere irritumque cassum nullum et invalidum fuisse et [esse]
decerni et declarari ipsos Ricardum et Johannam abinvicem et a quocunque pretenso vinculo matrimonij separari et divorciari p[er vestram]
sentenciam diffinitiuam in hac parte ferendam domine Judex antedicte Premissa proponit et fieri petit pars dicte Johanne […]
sompnor coniunctim et diuisim Non arctans se ad omnia et singula premissa probanda sed quatenus probaueris in premissis et [ea]
concernentibus eatenus obtineat in petitis Juris beneficio in omnibus semper saluo Vestrum officium in premissis humiliter implorando [Judex]
antedicte
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[5/1/4 image 2]
[Endorsement]
16th […] of the month of September in the one thousand five hundred and 33rd year of our Lord set forth […] Brian Garnit […]
[in pencil in a different hand]
1533
Sep. 16
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
[5/1/4 image 2]
[Endorsement]
xvjto […] mensis Septembris Anno domini millesimo quingentesimo xxxiijo […] brianus garnit deduct’ […]
[in pencil in a different hand]
1533
Sep. 16
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
Joan Dutton – plaintiff
Richard Sompnor – defendant
Richard Smyth – official of the archdeacon of Chester
