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In the name of God, Amen: before you, venerable and distinguished Master George Wilmesley, vicar general in spirituals and official principal of the right reverend father in Christ, John, by divine permission lord bishop of Chester […] and to determine certain ecclesiastical causes in the diocese of Chester lawfully deputed by authority of the King or any other judge whomsoever competent in that behalf; the party of the venerable and distinguished Sir Richard Brereton, knight, farmer of our lord, Henry the Eighth, by the grace of God king of England, France and Ireland, defender of the faith, and on earth supreme head of the churches […] of Ireland, of the rectories of the parish churches of Eccles and Deane, with the chapels of the same, against William Hilton, Thomas Lee, Hugh Forster, parishioners of the parish church of Deane […]  of the parish church of Eccles of the archdeaconry of Chester and the diocese of Chester and of your {and} jurisdiction and any of them whomsoever, jointly and severally; and also against any other 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, says, alleges and propounds in these writings in law in articles as follows:

1          Firstly, namely that once, in times gone by, in the county of Lancashire, then of Coventry and Lichfield diocese, at this time of the diocese of Chester, there was a certain monastery rightly and lawfully founded, erected, constructed and established called in the common tongue, Whalley, in honour of the Blessed Virgin Mary and of Saint […] consisting of one abbot and of monks perhaps to the number of about thirty of the Cistercian order, […]the rule of almighty God was served continuously there; and this was and is […] notorious, manifest and well-known; and he propounds jointly, severally and concerning any of these points.

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2          […] by the erection, construction of these rectories of the parish churches of Eccles and  Deane, formerly of Coventry and Lichfield diocese and Canterbury province, at this time of the diocese of Chester and York province, and the chapelries belonging to them, together with their universal rights and appurtenances, belonged to the same monastery while it existed as an entity with its essentials, of and with the consent and assent of all and singular persons who had right or interest in that respect, rightly and lawfully annexed, appropriated and incorporated into one, and were donated and granted to the abbey and convent’s own use for their possession perpetually, saving for the time being reserving the portion of the vicars of those parish churches in their time and this was and is true, public, notorious and well-known; and he propounds jointly, severally and concerning any of these points.

3          Also, that the abbey and convent of the said monastery of Whalley, by reason of this appropriation, unification and incorporation of the said rectories of Eccles and Deane and the chapels belonging to them, together with their tithes and other dues and emoluments […] belonging were lawfully attained for some space of time and possessed peacefully and quietly, and as true […] and commonly called, held, had, named and reputed openly, publicly and notoriously as proprietors of the same rectories and parish churches of Eccles and Deane with their chapels; and he propounds jointly, severally and concerning any of these points.

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4          Also, that the monastery, to which the said rectories of Eccles and Deane, with the chapels belonging to them, were then appropriated, united and, as aforesaid, annexed together with their all dues, emoluments and universal appurtenances both spiritual and ecclesiastical and temporal whatsoever, was attended, suppressed, brought down and dissolved some time ago by sufficient authority, and for that reason rightly and lawfully transferred, translated and devolved to the legal right and ownership of the said most serene prince, our lord, Henry the Eighth, by the grace of God king of England, France and Ireland, defender of the faith, and on earth supreme head under Christ of the English and Irish churches, and this was and is true, public, notorious, manifest and well-known; and he propounds as before.

5          Also, that by reason of this attention, suppression, destruction and dissolution and for other reasons the said most serene master, our King, lawfully acquired and for some time thereafter peacefully possessed openly, publicly and notoriously the aforesaid monastery of Whalley, while it was in existence, together with the rectories of Eccles and Deane aforesaid […] just as is aforesaid perpetually united, annexed and incorporated, and either of them respectively, with their rights and universal appurtenances; and he propounds jointly, severally and concerning any of these points.

6          Also, that the same most powerful lord, our king, after and since the premises and being in full possession and seised of the aforesaid rectories of Eccles and Deane with their chapels belonging to them and the tithes, emoluments, rights and universal appurtenances rented and demised them to farm to the venerable Jon Penne, his servants and assigns, for certain years not yet passed by his letters thereupon drawn up and signed, or otherwise, and this was and is true, public, notorious, manifest and well-known; and he propounds jointly, severally and concerning any of these points.

7          Also, that the said John Penne, farmer of the said lord, our king, after he obtained to farm the said rectories of the parish churches of Eccles and Deane with their chapels and with all tithes, dues and emoluments belonging to and flowing from them, and either of them, and held them with all their rights and appurtenances for some time and occupied this to his own use and was openly, publicly and notoriously reputed, called and known as farmer of the same churches with the chapels belonging to them; and the same John Penne, in peaceful possession of the said parishes

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and emoluments and all future years […] and not yet passed which he had and also […] his right title and interest which he had and at present has in this farm by rental made by the said most illustrious Prince to him and his assigns during his term, he has given up to the said venerable Master Richard Brereton, knight, and the said rectories of the parish churches of Eccles and Deane with their chapels and tithes and he has newly leased, demised and granted all other rights and emoluments belonging and appertaining to the same for the years and entire term to farm to him and his assigns; and by his letters drawn up upon the same and sealed with his seal or otherwise has named, assigned and deputed the same venerable Master Richard Brereton, knight, as his assign and farmer of the same as is aforesaid; and this was and is true, public, notorious, manifest and well-known; and he propounds jointly and severally and concerning any of these points.

8          Also, that by pretext and reason of the aforesaid, the said venerable Master Richard Brereton was and is commonly called, held, had, named and reputed openly, publicly and notoriously as farmer of the said rectories of Eccles and Deane and their chapels, together with these their tithes, emoluments and dues in the months of March, April, May, June, July, August, September, October, November, December, January and February in the one thousand five hundred and fortieth year of our Lord and also in the months of March, April, May, June, July, August, September, October, November, December, January and February in the one thousand five hundred and forty-first year of our Lord, now current, and in either of those years in either or the other, and in any of the months aforesaid, in one or another, and long before; and he propounds jointly and severally and concerning any of these points.

9          Also, that as well by common law and by the union, appropriation and incorporation aforesaid by reason of the premises 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 greater and lesser, mixed and minute tithes and other ecclesiastical emoluments and dues whatsoever (excepting the portion of the vicars aforementioned) and especially tithes of grain, namely corn, wheat, barley, oats and peas, or of any other grain whatsoever and also of hay in whatsoever lands, farmland, fields, meadows and pastures within the two parishes of Eccles and Deane and the bounds and limits and the tithable places of the same, whenever and in whatever way to the said monastery of Whalley, and to the abbot and convent there with their possessions

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while they existed as an entity, and after the dissolution, extinction and suppression of that place, as related before, notoriously belonged and belongs and so ought also to have belonged, to belong and ought in future to our lord king aforesaid and afterwards to the said John Penne, farmer of the said lord king and now to the said venerable Sir Richard Brereton, knight, depute and assign of the said John Penne, farmer respectively by right and in the name of the said rectories of Eccles and Deane with their chapels; and this was and is true, public, notorious, manifest and well-known; and he propounds as before.

10        Also, that the abbot and convent of the said monastery of Whalley, during the time it was in existence, while they existed as an entity, and before the dissolution, attention and suppression aforesaid in peaceful possession, or virtually so, of the right of receiving and having by right and in the name of the said rectories all and singular tithes, both greater and lesser, mixed and minute, and the dues and emoluments aforesaid, and especially tithes of corn, wheat, barley, oats and peas, or of any other grain whatsoever and also of hay, arising and growing in the manner aforesaid 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, and in succession after and since this dissolution and suppression, our aforesaid lord king and the said John Penne, farmer mentioned before, similarly were hitherto, and they and their men respectively took them during the same time  and freely disposed of and with them as it suited them peacefully and quietly of their own free will and likewise the aforenamed venerable Sir Richard Brereton, knight, farmer aforesaid, took, had and disposed at present by right and in the name of

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[…] was and is true, public, notorious, manifest and well-known; and he propounds as before.

11        Also, that the said William Hilton in the months of March, April, May, June, July, August, September, October, November, December, January and February in the one thousand five hundred and fortieth and 41^st year of our Lord, in any of the same months and years whatsoever, in one or another, held, had and occupied ten acres of arable land of oats in the place or field commonly called ‘derlayglad hey’ and ‘Redford in his demayne’ sited and situated within the said parish of the parish church of Deane of Chester diocese, and this propounding party gives and libels of whatever lesser number of acres aforesaid, down to two acres of land; and he propounds as before.

[marginal note]

W Hilton
‘Darlay glad
haye’ and  ‘Radford
in his demesne’ 10
acres

12        Also, that the said Thomas Lee in the months of March, April, May, June, July, August, September, October, November, December, January and February in the one thousand five hundred and fortieth and 41^st year of our Lord, in any of the same months and years whatsoever, in one or another, held, had and occupied four acres of oats in the field commonly called ‘mutchaw the new marled yerth in the hyll’ sited and situated within the said parish of the parish church of Deane, and this propounding party gives and libels of whatever lesser number of acres aforesaid, down to two acres of land; and he propounds as before.

[marginal note]

Thomas Lee
4 acres
in ‘notshawe
the newe
marled
yerth’

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13        Also, that the said Hugh Forster in the months of March, April, May, June, July, August, September, October, November, December, January and February in the one thousand five hundred and fortieth and 41^st year of our Lord, in any of the same months and years whatsoever, in one or another, held, had and occupied 4 acres of oats and barley in the field called ‘the newe close mosse Filde’ and ‘barli crofft’  sited and situated within the parish of the parish church of Deane aforesaid, and this propounding party gives [and]  libels of whatever lesser number of acres aforesaid, down to two acres of land; and he propounds as before.

[marginal note]

Hugh Forster
4 acres in
a field called
‘the newclose mosse feld’
and ‘barly croft’

14        Also, that the said Peter Bradshaw in the months of March, April, May, June, July, August, September, October, November, December, January and February in the one thousand five hundred and fortieth and 41^st year of our Lord, in any of the same years and months whatsoever, in one or another, held, had and occupied three acres of oats and barley in the field called ‘the heythe’ sited and situated within the parish of the parish church of Eccles, and this propounding party gives and  libels of whatever lesser number of acres aforesaid, down to two acres of land; and he propounds as before.

[marginal note]

Peter Bradshaw
three acres in
a field called
‘the heyth’

15        Also, that the said William Hilton in the years and months mentioned in a recent article and in one or other of the years and months aforesaid, in one or another, had, possessed or occupied ten acres of land, farm or meadow called ‘horhey medo’ and ‘steward medo’ and hay growing and coming on and from the same farms, lands or meadows respectively within the parish of Deane aforesaid, and the bounds and limits of the same by him and his men to the number of twenty vehicles loaded with hay in English ‘xx^ty lode of haye’; and he propounds of whatever other number of vehicles intermediate or lesser down to the number of two vehicles thus loaded totally and completely gathered, had and taken by him and his men and at his own freedom and will disposed, applied and converted to his own convenience and use and of such and so great a number of which in the event of this suit by lawful proofs will become more clear and this was and is true, public and notorious, manifest and famous; and he propounds as before.

[marginal note]

William Hilton
10 acres called
‘horhey medo’
and ‘steward
medo’

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16        Also, that the said Thomas Lee in the years and months mentioned in a recent article and in one or other of the years and months aforesaid, in one or another, had, possessed or occupied five acres of land, farm or meadow and hay growing and coming on and from the same farms, lands or meadows respectively within the parish of Deane aforesaid, and the bounds and limits of the same by him and his men to the number of ten vehicles loaded with hay in English ‘ten lode of hay’; and he propounds of whatever other number of vehicles intermediate or lesser down to the number of two vehicles thus loaded totally and completely gathered, had and taken by him and his men and at his own freedom and will disposed, applied and converted to his own convenience and use and of such and so great a number of which in the event of this suit by lawful proofs will become more clear and this was and is true, public and notorious, manifest and famous; and he propounds as before.

[marginal note]

Thomas Lee five
acres of farm and
meadow

17        Also, that the said Hugh Forster in the years and months mentioned in a recent article and in one or other of the years and months aforesaid, in one or another, had, possessed or occupied ten acres of land, farm or meadow called ‘chodlachmedo’ and hay growing and coming on and from the same farms, lands or meadows respectively within the parish of Deane aforesaid, and the bounds and limits of the same by him and his men to the number of ten vehicles loaded with hay in English ‘x lode of haye’; and he propounds of whatever other number of vehicles intermediate or lesser down to the number of two vehicles thus loaded totally and completely gathered, had and taken by him and his men and at his own freedom and will disposed, applied and converted to his own convenience and use and of such and so great a number of which in the event of this suit by lawful proofs will become more clear and this was and is true, public and notorious, manifest and famous; and he propounds as before.

[marginal note]

Hugh Forster 10
acres called
‘chodlachemedo’

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18        Also, that the said Peter Bradshaw in the years and months mentioned in a recent article and in one or other of the years and months aforesaid, in one or another, had, possessed or occupied one acre of land, farm or meadow and hay growing and coming on and from the same farms, lands or meadows respectively within the parish of Eccles aforesaid, and the bounds and limits of the same by him and his men to the number of five vehicles loaded with hay in English ‘Fyue lode of haye’; and he propounds of whatever other number of vehicles intermediate or lesser down to the number of two vehicles thus loaded totally and completely gathered, had and taken by him and his men and at his own freedom and will disposed, applied and converted to his own convenience and use and of such and so great a number of which in the event of this suit by lawful proofs will become more clear and this was and is true, public and notorious, manifest and famous; and he propounds as before.

[marginal note]

Peter Bradshaw
one acre of farm and meadow land

19        Also, that the said William Hilton in the years and months abovesaid, or in any of them, in one or another, caused and employed the said ten acres and parcels of arable land and ten acres of farm and meadow, specified above, or any of them, to be sown and caused to be occupied and used for some seeds: corn, wheat, oats, barley and hay and other similar things as set out above and he had and converted and applied to his own use this grain and hay thus arising therefrom and proceeding from the same places or acres; and he propounds as before.

[marginal note]

W. Hilton 10 acres etc.

20        Also, that the said Thomas Lee in the years and months abovesaid, or in any of them, in one or another, caused and employed the said four acres and parcels of arable land and five acres of farm and meadow, specified above, or any of them, to be sown and caused to be occupied and used for some seeds: corn, wheat, barley, oats and hay and other similar things as set out above and he had and converted and applied to his own use this grain and hay thus arising therefrom and proceeding from the same places or acres; and he propounds as before.

[marginal note]

Thomas Lee 4 acres
five acres
of farm and meadow

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21        Also, that the said Hugh Forster in the years and months abovesaid, or in any of them, in one or another, caused and employed the said four acres and parcels of arable land and ten acres of farm, specified above, or any of them, to be sown and caused to be occupied and used for some seeds: corn, wheat, barley, oats and hay and other similar things as set out above and he had and converted and applied to his own use this grain and hay thus arising therefrom and proceeding from the same places or acres; and he propounds as before.

[marginal note]

Hugh Forster 4
acres and 10 acres
of farm and meadow

22        Also, that the said Peter Bradshaw in the years and months abovesaid, or in any of them, in one or another, caused and employed the said three acres and parcels of arable land and one acre of farm and meadow, specified above, or any of them, to be sown and caused to be occupied and used for some seeds: corn, wheat, barley, oats and hay and other similar things as set out above and he had and converted and applied to his own use this grain thus arising therefrom and proceeding from the same places or acres; and he propounds as before.

[marginal note]

Peter Bradshaw
three acres and
one acre

23        Also, that the same William Hilton, Thomas Lee, Hugh Forster, Peter Bradshaw and any of them whomsoever in the years and months aforesaid, or in any of those years, in one or another, and in any of those months whatsoever, in one or another, did not pay tithes of grain aforesaid and hay, as it thus aforesaid, proceeding and arising and belonging and appertaining to the said venerable Sir Richard Brereton knight, farmer of the rectories of the parish churches of Eccles and Deane together with the chapels annexed to the same by right and in name of the parish church of Eccles and Deane aforesaid by reason of his farm aforesaid, to the same venerable Master Richard Brereton, knight, the farmer, or to his assign or deputy, nor did they make satisfaction for the same tithes in fact and unjustly subtracted, taken and had by them and their men in the months and years aforesaid, or in any of them whatever, in one or another, or at least ordered and caused them to be thus subtracted and taken and never paid and had and have ordered and approved the subtraction, taking and keeping or non-payment of them in their name and equally accepted it; and he propounds as before.

[marginal note]

W. Hilton Thomas
Lee Hugh Forster
Peter Bradshaw

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24        Also, that the true value and valuation of the said grain and hay as is thus aforesaid by him, William Hilton, and his men in the months and years aforesaid, or in any one or more of them (in the manner as is aforesaid) collected, kept and taken and disposed of and converted by him by common report of men notoriously amounts to the sum or value of eight shillings sterling, and this party propounding of any other intermediate or lesser sum or value to the sum of 12 pence and of any other sum or value of such and so great an amount as may come to be proved and declared more fully by lawful proofs in the event of this suit; and he propounds as before.

[marginal note]

William Hilton of grain and hay 8 shillings etc.

25        Also, that the true value and valuation of the said grain and hay as is thus aforesaid by him, Thomas Lee, and his men in the months and years aforesaid, or in any one or more of them (in the manner as is aforesaid) collected, kept and taken and disposed of and converted by him by common report of men notoriously amounts to the sum or value of four shillings sterling, and this party propounding of any other intermediate or lesser sum or value to the sum of 12 pence and of any other sum or value of such and so great an amount as may come to be proved and declared more fully by lawful proofs in the event of this suit; and he propounds as before.

[marginal note]

Thomas Lee of grain and hay 4 shillings etc.

26        Also, that the true value and valuation of the said grain and hay as is thus aforesaid by him, Hugh Forster, and his men in the months and years aforesaid, or in any one or more of them (in the manner as is aforesaid) collected, kept and taken and disposed of and converted by him by common report of men notoriously amounts to the sum or value of four shillings and 4 pence sterling, and this party propounding of any other intermediate or lesser sum or value to the sum of 12 pence and of any other sum or value of such and so great an amount as may come to be proved and declared more fully by lawful proofs in the event of this suit; and he propounds as before.

[marginal note]

Hugh Forster of grain and hay 4 shillings 4 pence.

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27        Also, that the true value and valuation of the said grain and hay as is thus aforesaid by him, Peter Bradshaw, and his men in the months and years aforesaid, or in any one or more of them (in the manner as is aforesaid) collected, kept and taken and disposed of and converted by him by common report of men notoriously amounts to the sum or value of two shillings and 4d sterling, and this party propounding of any other intermediate or lesser sum or value to the sum of 12 pence and of any other sum or value of such and so great an amount as may come to be proved and declared more fully by lawful proofs in the event of this suit; and he propounds as before.

[marginal note]

Peter Bradshaw of grain and hay 2 shillings etc.

28        Also, that the abovementioned William Hilton, Thomas Lee, Hugh Forster, Peter Bradshaw and any of them whomsoever in the months and years aforesaid, or in any of them, have often been  suitably, urgently and lawfully asked and requested to pay, make payment and deliver all the tithes of grain and hay aforesaid to the aforenamed Sir Richard Brereton, knight, farmer or to his deputy or [either] of them, according to the custom of the parishes aforesaid, by them, William Hilton, Thomas Lee, Hugh Forster, Peter Bradshaw or by their men, collected, taken, had and not paid and subtracted in the manner aforesaid or the true value or valuation of the same, as mentioned above, or otherwise duly to compound with the same Sir Richard Brereton, knight and farmer, and his assign, or either of them, for the same tithe on the part and behalf of him, Sir Richard Brereton, knight, or either of them; and he propounds as before.

29        Also that the same William Hilton, Thomas Lee, Hugh Forster, Peter Bradshaw and any of them whomsoever thus asked and requested by him, as in the premises or any of them, has not troubled to do so, and does not trouble in the months, year and places aforesaid, or any of them, without there being any reasonable or lawful cause whatever, expressly declined and refused, or at least unduly delayed and deferred and thus delays and defers at present; and he propounds as before.

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30        Also, that the said William Hilton, Thomas Lee, Hugh Forster, Peter Bradshaw and any of them whomsoever, were and are of the parish of Eccles, of Chester diocese and of York province and notoriously subordinate and subject to your jurisdiction in this respect.

31        Also, that it was and is of and upon all and singular the premises that complaint is rightly and lawfully brought on the part and behalf of the aforesaid Sir Richard Brereton, knight, […] farmer of the parish churches aforesaid to you, the aforesaid lord judge and to the aforesaid Chester court, and he propounds as before.

32        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 of and upon the premises, and they are circulating at present.

Whereupon, due proof being made as is required by law in this regard, the party of the said venerable Sir Richard Brereton, knight, farmer of our lord the King, of the said parish churches of Eccles and Deane with their chapels appertaining to them, prays for justice and a complement of justice to be administered to him with effect in the premises and anything whatsoever concerning them and also that the aforesaid William Hilton, Thomas Lee, Hugh Forster, Peter Bradshaw and any of them will be condemned in the tithes of grain and hay aforesaid as is thus aforesaid had, taken, subtracted and not paid by them, and any of them whosoever, if they are still in existence, otherwise in the true value or valuation aforesaid and additionally in the lawful expenses incurred on behalf of him, Sir Richard Brereton, knight, and farmer aforesaid in that respect and he protests those to be incurred, and, having been condemned, that they are obliged and compelled to the due payment of these tithes and expenses by you and your definitive sentence or your final decree, 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; which the party of the said venerable Sir Richard Brereton, knight, farmer of the lord king of the said rectories of Eccles and Deane with their chapels jointly and severally, propounds not obliging himself to prove all and singular the premises, nor to the burden of superfluous proof, concerning which he protests, but so far as he will have 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, lord judge aforesaid.

The end.

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[Endorsement] 

Libel of Richard Brereton, knight, farmer of Eccles, against Peter Bradshaw, William Hulton and others in a cause of tithes. 

1541

[This is followed by an illegible note]

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

Translation copyright ©2022 P J Cox All Rights Reserved

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In the name of God, Amen: before you, venerable Master Richard Smyth, Bachelor of Law, by the authority of the most illustrious Prince in Christ, Lord Henry the eighth, by the grace of God King of England and France, Defender of the Faith and Lord of Ireland and in […] through venerable Master William Knight, Doctor of Law, archdeacon of Chester […] to decide ecclesiastical causes, the party of the venerable George Cotton, esquire, farmer of the lord King of the parish church of Budworth, with its chapels, of the aforesaid archdeaconry against Margery, widow of Robert Holford, of the same parish or chapelry of Lower Peover of the aforesaid diocese and notoriously subordinate and subject to your jurisdiction, and also against any other whomsoever […] says, alleges and propounds in these writings

1          Firstly, that the aforesaid George Cotton, esquire, is the true, certain and indubitable farmer […] divisions and grants to the same venerable George Cotton, esquire, by the afore-libelled most puissant King […] by a clause to him and his assigns, and thus he and his assigns are commonly called, held, taken, known […] and he propounds jointly, severally and concerning any of these points.

2          Also, that although the right of receiving and having all and singular tithes as well greater as lesser, mixed and minute […] of foals and of other tithes of old to the Monastery of Norton and the chapter of the same […] of the parish church of Budworth, with the chapels annexed to the same; now, however, by reason of a certain Act of Suppression by the said […] issued by him belongs to the said most excellent Prince in Christ aforesaid and his successors and his lawfully constituted farmers and should have and should belong and appertain at present; and he propounds jointly, severally and concerning any of these points.

3          Also, that the aforenamed Margery Holford, laywoman, who had or has no right in any way in the said parish church of Budworth or the chapels […] or to them themselves, despite which but after and in opposition to the fact, they did not pay nor satisfy any tithes, at least […] of lambs or wool within the limits of the said parish of Budworth, or to the chapels annexed, in the months of March, April, June, July, August, September, October, November, December, January or February in the one thousand fifteenth hundred 38th year of our Lord nor in the months of March, April, June, July, August, September, October, November, December, January or February in the one thousand fifteenth hundred 39th year of our Lord, in any one or other to him, George Cotton, farmer of the said parish of Budworth with its chapels annexed and assigned, by right in the name […] but subtracted, took and kept the same tithes; and he propounds jointly, severally and concerning any of these points.

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4          Also, that the true value and valuation of the tithes aforesaid as is thus aforesaid not paid and subtracted, kept and taken by her by common report of men notoriously amounts to the sum or value of twenty shillings, and this party sets out and propounds of any other lesser sum down to the sum of twelve […]  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.

5          Also that the aforesaid Margery Holford has thus been asked on behalf of George, the farmer […], to pay and satisfy to the said George Cotton, present farmer, at a suitable time and place the tithes aforesaid or otherwise […] with him for these tithes […]

6          Also, that the aforesaid Margery Holford was thus asked and requested in the manner as is aforesaid as in the premises or any of them, she has not troubled to do so in the months and years aforesaid, of in any of the months or years whatever or in one of them, but without there being any reasonable or lawful cause whatever, she expressly declined and refused, or at least unjustly delays and defers at present; and he propounds jointly, severally and concerning any of these points.

7          Also, that the aforenamed Margery Holford was and is a parishioner of the parish church of Budworth or of the chapel of Lower Peover, of Coventry and Lichfield diocese and for that reason notoriously subordinate and subject to your jurisdiction; and he propounds jointly, severally and concerning any of these points.

8          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 same in the parish of Budworth and the chapels annexed to the same and other surrounding places, towns and parishes, just as they are circulating at present.

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8          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 same in the parish of Budworth and the chapels annexed to the same and other surrounding places, towns and parishes, just as they are circulating at present.

Whereupon, due proof being made as is required in this regard, the same plaintiff prays that right and justice should be done and administered to him in all and singular the premises, and that his possession, or virtual possession, of the right of having and receiving and the said tithes of calves and foals and other his customary tithes aforesaid […] proceeding and arising within the bounds and limits of the said parish of Budworth and it annexed chapels to be adjudged in future successive times. And also that the aforesaid Margery Holford is rightly and canonically obliged and compelled to pay, tithe and deliver her respective tithes aforesaid subtracted by her without any diminution or the true value of the same at the convenience of the said farmer and his assigns in the name of his farm in the said parish chapels annexed and that she will be condemned in the lawful costs incurred and to be incurred by reason of this suit, and, having been condemned, that she 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; 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 George Cotton 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 will have proved in the premises, he prays that thus far may he obtain in the petitions, always reserving the benefit of law in all things; in addition the party of the said farmer prays that the aforesaid […], according to the requirement of law, humbly imploring your office, distinguished judge aforesaid.

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[Endorsement] 

Libel of the venerable Mister George Cotton, farmer of the lord King of the church of Budworth, against Margery Holford in a cause of subtraction of tithes. 

[in pencil in a different hand]

c. 1540

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

Translation copyright ©2022 P J Cox All Rights Reserved