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In the name of God, Amen: the merits and circumstances of a certain cause of defamation or abuse which is disputed and depending undecided having been heard, seen, understood and fully investigated by us, George Wilmesley, Bachelor of Laws, appointed official principal of the royal Chester ecclesiastical court by the right reverend father, John, by divine permission lord bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction within Chester diocese by the supreme authority of the most illustrious Prince in Christ and our master, lord Edward the sixth, by the grace of God king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church under Christ, rightly and lawfully proceeding, between John Segar, gentleman, the complainant on the one part and Margaret Palen, wife of Thomas Palen of the parish of Bunbury of the said Chester diocese, the defendant and party complained of on the other part; the parties aforesaid appearing sufficiently and lawfully before us namely the plaintiff by Tristram Swadaill and the defendant by William Withens, substitute for Bower, her proctor; and the party of the aforesaid John Segar, urgently praying and seeking that sentence is passed and that justice may be done to his party while the party of the aforesaid Margaret Palen also urgently praying and seeking justice for her party.

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

Forasmuch as we clearly know and find by the acts enacted, set forth, propounded, alleged, proved and confessed before us in the aforesaid cause, that the party of the aforesaid John Segar his claim set forth in a certain libel of his judicially given and offered before us in this respect (the tenor of which libel follows and is such; In the name of God, Amen; before you, the venerable Master George Wilmesley, Bachelor of Laws, official principal of the Chester king’s ecclesiastical consistory court appointed by the right reverend father in Christ, John, by divine permission lord bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction within the whole of the said Chester diocese by the supreme authority of the most illustrious Prince in Christ and our lord, Edward the sixth, by the grace of God lord king of England, France and

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and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church, or any other judge whomsoever competent in this regard, the party of John Segar, gentleman, of the parish of Bunbury of Chester diocese, against Margaret Palen of the said parish and diocese and also against any other person or persons whomsoever lawfully intervening before you in judgement for the same etc. which certain libel we hold as here read and recorded and we wish to be held as sufficiently and fully founded and equally proved and that nothing effectual has been or is  excepted, set forth, alleged, proved nor confessed on the part or behalf of the said Margaret Palen which could destroy or in any way weaken the claim of the said John Segar in this respect.

Therefore we, George Wilmesley, official principal aforesaid, having first called upon the name of Christ, and setting and having God himself alone before our eyes from and with the advice of the learned in the law with whom we have consulted in this behalf pronounce, decree and declare that the said Margaret Palen is corrected and punished according to the due requirement of law in that she wickedly, falsely and maliciously defamed the said John Segar, gentleman, among good and substantial people of and upon the crime of heresy or heretical depravity just as is evident, is clear and appears to us from the proofs in this respect, and uttered and spoke these abusive and defamatory words of the aforesaid John, upon which crime (as it is apparent to us the same John was never detected or […] by reason of which the said John Segar was and is burdened and vexed by very many troubles, expenses and burdens) and we also pronounce and decree that the same Margaret Palen is compelled to abstain from these scandalous, dishonourable and defamatory words in future and we impose perpetual silence upon the same Margaret Palen about these scandalous words and we also condemn the said Margaret in the lawful expenses incurred and to be incurred on the part of the said John Segar, gentleman, in this respect by this our definitive sentence or our final decree which we pass and publish in these writings; while reserving taxation of these costs to us in this matter, and we do reserve it.

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This sentence was read on the 30^th day of the month of July in the year of our Lord 1552 with these being then present there, Sir Roger Bennet, vicar of St Oswald’s in the city of Chester, John Ball, chaplain and Henry Snape, witnesses.

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[Endorsement]

[…] defamation read and passed 30^th of July in the year 1552.

[in pencil in a different hand]

/6

1552

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

Translation copyright ©2025 P J Cox All Rights Reserved

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In the name of God, Amen: the merits and circumstances of a certain cause of subtraction of tithes which has been disputed for some time and is still disputed and depending undecided having been heard, seen, understood and fully investigated by us, George Wilmesley, Bachelor of Laws, appointed official principal of the royal Chester ecclesiastical court by the right reverend father in Christ, John, by divine permission lord bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction in and throughout Chester diocese by the supreme authority of the most illustrious Prince in Christ and our master, lord Edward the sixth, by the grace of God king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church under Christ, rightly and lawfully proceeding, between the distinguished Master  Richard Grosvenor, gentleman, farmer of the rectory of the parish church of Dodleston of Chester diocese, the complainant on the one part and Humphrey Bold of the said parish of Dodleston, the defendant and party complained of on the other part; the parties aforesaid appearing sufficiently and lawfully before us in judgement; and the party of the aforesaid Master Richard Grosvenor, farmer aforesaid, urgently praying and seeking that sentence is passed and that justice may be done to his party while the party of the said Humphrey Bold urgently praying and seeking justice for his party.

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

Forasmuch as we know and clearly find by the acts enacted, set forth, exhibited, propounded, alleged, proved and equally confessed in the said cause, had and done by both sides, that the party of the aforesaid Master Richard Grosvenor, farmer aforesaid, has sufficiently established and proved his claim as to the right, title and possession of the right of having all and singular tithes of lambs and wool born, brought forth, arising and growing within the parish of Dodleston aforesaid and the bounds and limits and tithable places of the same parish in his libel previously given and offered before us by his party in the cause mentioned (the tenor of which libel follows in these words; In the name of God, Amen; before you, the venerable Master George Wilmesley, Bachelor of Laws,

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official principal of the Chester ecclesiastical consistory court appointed by the right reverend father in Christ, John, by divine permission lord bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction in and throughout the whole Chester diocese by the supreme authority of the most illustrious Prince in Christ and our lord, Edward the sixth, by the grace of God lord king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church, or any other judge whomsoever competent in this regard, the party of the distinguished Master Richard Grosvenor, gentleman, farmer of the rectory of the parish church of Dodleston of Chester diocese, against Humphrey Bold of the said parish of Dodleston and of the said diocese and also against any other person or persons whomsoever lawfully intervening before you in judgement for the same etc. which certain libel we hold as here read and recorded and we wish to be held as sufficiently founded and proved while the party of the said Humphrey Bold his claim in certain exceptive material previously judicially given set forth before us in the cause aforesaid by his party the tenor of which material follows and is thus; In the name of God, Amen; in a certain pretended cause of tithes which before you, venerable Master George Wilmesley, Bachelor of Laws et cetera between Master Richard Grosvenor, pretended farmer of the rectory of the parish church of Dodleston, the pretended plaintiff on the one part and Humphrey Bold, the pretended defendant on the other part is claimed to be considered and to be depending undecided, the party of the said Humphrey Bold against the aforesaid Master Richard Grosvenor, pretended farmer aforesaid, and any other person whomsoever et cetera, which certain material we wish to hold as here read and inserted and we wish to be held as less than sufficiently founded or proved but in its proof to be deficient and to be defective in all points and nothing effectual has been and is excepted, set forth, alleged or proved on the part of Humphrey Bold which could destroy or in any way weaken the claim of the aforesaid Master Richard Grosvenor, farmer aforesaid.

Therefore we, George Wilmesley, official principal aforesaid, having first called upon the name of Christ, and having God himself alone before our eyes, pronounce, decree and declare for the right, title and possession, or quasi-possession, of the said Master Richard Grosvenor, farmer aforesaid, and of his same church of Dodleston aforesaid, in all and singular tithes and especially in tithes of lambs and wool within the said parish of Dodleston and the bounds and limits and tithable places of the same howsoever proceeding and arising, born and growing; likewise the right of receiving and having all and singular the same tithes belonged and appertained and thus should have and should belong and appertain to the said Master Richard Grosvenor, farmer aforesaid, by right and in the name of the parish church of Dodleston aforesaid and the said Humphrey Bold subtracted or has not paid to the said Master Richard Grosvenor, farmer aforesaid, and to the church aforesaid tithes of his thirty lambs

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in the months and year libellate in that respect namely in the one thousand five hundred and fiftieth year of our Lord arising and proceeding and born within the parish of Dodleston aforesaid and the bounds and limits and tithable places of the same parish in the manner and form expressed and declared in the said libel or at least has ordered and caused this subtraction and non-payment thus done and likewise accepted and approved and approves this, and him. Humphrey Bold, to the payment, making good and satisfaction of the tithes aforesaid, by him (as is aforesaid) subtracted and not paid (if they are still in existence) otherwise in the true value of the same tithes, which tithes or tenth part we calculate at the sum or value of seven shillings of good and lawful money of England according to the proofs to be supported by law in that respect, and the said Humphrey Bold  has refused and refuses to pay, make good and satisfy to the aforesaid Master Richard Grosvenor, farmer aforesaid, the aforesaid tithes (as is aforesaid) subtracted or not paid (if they are in existence) otherwise the true values of the same tithes, as duly requested, or at least, he has delayed and is delaying; and he, Humphrey, in the said tithes (if they are in existence) otherwise in  the value aforesaid of the same tithes;

and also in the lawful costs incurred and to be incurred on the part of the aforesaid Master Richard Grosvenor, farmer aforesaid, in this respect (which expenses thus incurred we tax at the sum of thirty five shillings of lawful money of England) and that he ought to be obliged and compelled to the due payment of the premises by legal remedy of law and with effect the same is thus obliged and compelled to the payment of the aforesaid expenses to the aforesaid farmer, or his assignee, taxed by us as is aforesaid, before the feast of All Saints next coming under pain of excommunication then and thenceforward, if he does not obey our warnings to him, which we pass and publish in these writings, we pronounce, decree and declare that he is peremptorily warned by this our our definitive sentence or this our final decree which we pass and publish in these writings.

This sentence was read by the judge aforesaid on the 29^th day of the month of July in the year of our Lord 1552 with these being then present there, John Grosvenor, gentleman, John Jenson, chaplain, and Randle Bradley, witnesses summoned to the premises.

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[Endorsement]

Sentence on behalf of the farmer of the parish church of Dodleston against Humphrey Bold in a cause of subtraction of tithes.

Read and passed 28^th of July in the year 1552.

[in pencil in a different hand]

/5

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

Translation copyright ©2025 P J Cox All Rights Reserved

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In the name of God, Amen: the merits and circumstances of a certain cause of subtraction of tithes which has been disputed for some time and is still disputed and depending undecided having been heard, seen and understood and fully investigated by us, George Wilmesley, Bachelor of Laws, appointed official principal of the royal Chester ecclesiastical court by the right reverend father in Christ, John, by divine permission lord bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction in and throughout Chester diocese by the supreme authority of the most illustrious Prince in Christ and our master, lord Edward the sixth, by the grace of God king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church under Christ, rightly and lawfully proceeding, between the distinguished Sir Nicholas Hardware, clerk, perpetual vicar of the parish church of Weaverham of Chester diocese aforesaid, the complainant, on the one part and Edward Walker of the said parish of Weaverham, the defendant and party complained of on the other part, proceeding rightly and lawfully; with the party of the aforesaid vicar [by] before us by Tristram Swadaill, substitute of Robert Bower, clerk, sufficiently and lawfully constituted, while the party of the said Edward Walker appearing personally; and the party of the aforesaid Nicholas Hardware, vicar aforesaid, urgently praying and seeking that sentence is passed and that justice may be done to his party while the said Edward Walker urgently praying and seeking justice for his party.

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

Forasmuch as we know and clearly find by the acts enacted, set forth, exhibited, propounded, alleged, proved and equally confessed in the said cause, had and done by both sides, that the party of the aforesaid Nicholas Hardware, vicar aforesaid, has sufficiently established and proved his claim as to the right, title and possession of the right of having all and singular tithes of lambs within the parish of Weaverham aforesaid and the bounds and limits and tithable places

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of the same church in his libel previously given and offered before us by his party in the cause mentioned (the tenor of which libel follows in these words; In the name of God, Amen; before you, the venerable Master George Wilmesley, Bachelor of Laws, official principal of the royal Chester ecclesiastical court appointed by the right reverend father in Christ, John, by divine permission lord bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction in and throughout the whole Chester diocese by the supreme authority of the most illustrious Prince in Christ and our lord, Edward the sixth, by the grace of God lord king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church under Christ, or any other judge whomsoever competent in this regard, the party of the distinguished Sit Nicholas Hardware, perpetual vicar of the vicarage of the parish church of Weaverham of Chester diocese, against Edward Walker of the parish of Weaverham aforesaid and of the said diocese and also against any other person or persons whomsoever lawfully intervening before you in judgement for the same etc. which certain libel we hold and we wish to be held as here read and recorded and nothing effectual has been or is set forth, alleged or proved on the part or behalf of the said Edward Walker which could destroy or in any way weaken the claim of the aforesaid Sir Hardware, vicar aforesaid.

Therefore we, George Wilmesley, official principal aforesaid, having first called upon the name of Christ, and having God himself alone before our eyes, pronounce, decree and declare for the right, title and possession, or quasi-possession, of the said Sir Nicholas Hardware, vicar aforesaid, and of his parish church of Weaverham aforesaid, in all and singular tithes of lambs brought forth, born and arising within the said parish of Weaverham and the bounds and limits and tithable places of the same; likewise the right of receiving and having all and singular the same tithes belonged and appertained and thus should have and should belong and appertain to the said Sir Nicholas Hardware, vicar aforesaid, by right and in the name of his said parish church of Weaverham and the said Edward Walker subtracted or has not paid to the said Sir Nicholas Hardware, vicar aforesaid, and to his church aforesaid or at least has ordered and caused these tithes written below arising and proceeding in the months and years libellate within the parish of Weaverham aforesaid thus to be subtracted or not paid in the manner and form expressed and declared in the said libel and approved and approves this subtraction and non-payment thus done and likewise accepted this, and him, Edward Walker, to the payment, making good and satisfaction of the tithes aforesaid, by him (as is aforesaid) subtracted and not paid namely the tithes or tenth part of ten lambs of his within the said parish of Weaverham and the bounds and limits and tithable places of the same in the one thousand five hundred […] years of our Lord

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to be bound by law, and the said Edward Walker has refused and refuses to pay, make good and satisfy to the aforesaid Sir Nicholas Hardware, vicar aforesaid, the aforesaid tithes (as is aforesaid) subtracted or not paid (if they are in existence) otherwise the true values of the same tithes, as duly requested, or at least, he has delayed and is delaying; and he in the said tithes (if they are in existence) otherwise in  the value aforesaid of the same tithes and also in the lawful expenses incurred and to be incurred on the part of the aforesaid rector in this respect (which expenses incurred we tax at the sum of forty […] shillings and […] pence of lawful money of England) and that he ought to be obliged and compelled to the due payment of the premises by legal remedy of law and with effect the same is obliged and compelled to the payment of the aforesaid expenses to the aforesaid vicar, or his assignee, taxed by us as is aforesaid, before the feast of All Saints next coming under pain of excommunication then and thenceforward, if he does not obey our warnings to him, which we pass and publish in these writings, we pronounce, decree and declare that he is peremptorily warned by this our  definitive sentence or this our final decree which we pass and publish in these writings.

This sentence was read and passed by the judge aforesaid on the 28^th day of the month of July in the year of our Lord 1552 with these being then present there Robert Maynwaring, John Cowper, gentleman, and Randle Bradley, witnesses summoned to the premises.

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[Endorsement]

Sentence on behalf of […] vicar of Weaverham against Edward Walker.

Read and passed 28^th of July in the year of our Lord 1552.

[in pencil in a different hand]

/4

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

Translation copyright ©2025 P J Cox All Rights Reserved

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In the name of God, Amen: the merits and circumstances of a certain cause of subtraction of tithes which has been disputed for some time and is still disputed and depending undecided having been heard, seen and understood and fully investigated by us, George Wilmesley, Bachelor of Laws, appointed official principal of the royal Chester ecclesiastical court by the right reverend father in Christ, John, by divine permission lord bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction in and throughout Chester diocese by the supreme authority of the most illustrious Prince in Christ and our master, lord Edward the sixth, by the grace of God king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church under Christ, rightly and lawfully proceeding, between the distinguished Master  Robert Assheton, rector of the parish church of Middleton of Chester diocese, the complainant on the one part and Giles Johnson of the same parish of Middleton and Chester diocese aforesaid, the defendant and party complained of on the other part; the parties aforesaid appearing sufficiently and lawfully before us in judgement; and the party of the aforesaid Master Robert Assheton, rector aforesaid, urgently praying and seeking that sentence is passed and that justice may be done to his party while the party of the said Giles Johnson urgently praying and seeking justice for his party.

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

Forasmuch as we know and clearly find by the acts enacted, set forth, exhibited, propounded, alleged, proved and equally confessed in the said cause, had and done by both sides, that the party of the aforesaid Master Robert Assheton, rector aforesaid, has sufficiently established and proved his claim as to the right, title and possession of the right of having all and singular tithes of grain and crops coming and growing within the parish of Middleton aforesaid and the bounds and limits and tithable places of the same church in his libel previously given and offered before us by his party in the cause mentioned (the tenor of which libel follows in these words; In the name of God, Amen; before you, the venerable Master George Wilmesley, Bachelor of Laws, official principal of the royal Chester ecclesiastical court

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[appointed] by the right reverend father in Christ, John, by divine permission lord bishop of Chester sufficiently and lawfully deputed for the exercising of spiritual and ecclesiastical jurisdiction in and throughout the whole Chester diocese by the supreme authority of the most illustrious Prince in Christ and our lord, Edward the sixth, by the grace of God lord king of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church under Christ, or any other judge whomsoever competent in this regard, the party of the distinguished Master Assheton, rector of the parish church of Middleton of Chester diocese, against Giles Johnson of the hamlet of Ainsworth of the parish of Middleton and of the said diocese and also against any other person or persons whomsoever lawfully intervening before you in judgement for the same etc. which certain libel we hold and we wish to be held as here read and recorded and nothing effectual has been or is set forth, alleged or proved on the part or behalf of the said Giles Johnson which could destroy or in any way weaken the claim of the aforesaid Master Robert Assheton, rector aforesaid.

Therefore we, George Wilmesley, official principal aforesaid, having first called upon the name of Christ, and having God himself alone before our eyes, pronounce, decree and declare for the right, title and possession, or quasi-possession, of the said Master Robert Assheton, rector aforesaid, and of his parish church of Middleton aforesaid, in all and singular tithes of grain and crops within the said parish of Middleton and the bounds and limits and tithable places of the same howsoever proceeding and arising; likewise the right of receiving and having all and singular the same tithes belonged and appertained and thus should have and should belong and appertain to the said Master Robert Assheton, rector aforesaid, by right and in the name of his said parish church of Middleton and the said Giles Johnson subtracted or has not paid to the said Master Robert Assheton, rector aforesaid, and to his parish church of Middleton aforesaid respectively or at least has ordered and caused these tithes written below arising and proceeding in the months and year libellate within the parish of Middleton aforesaid thus to be subtracted or not paid in the manner and form expressed and declared in the said libel and approved and approves this subtraction and non-payment thus done and likewise accepted this, and he, Giles Johnson,

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to the payment, making good and satisfaction of the tithes aforesaid, by him (as is aforesaid) subtracted and not paid (if they are still in existence) otherwise in the true value of the same, namely in the tenth part of one hundred and fifty riders[1] of oats, in English ‘of Cl Ryders of ootes’ and nineteen riders of barley, in English ‘of xix Ryders of barly’ (each rider of grain or this crop containing ten sheaves in English ‘x sheves’ of this crop) respectively coming and arising in and from certain farms and fields of his within the said hamlet of Ainsworth in the one thousand five hundred and fifty-first year of our Lord and within the parish of Middleton aforesaid and the tithable places of the same taken and kept by him or by others in his name or by his order which certain tenth part we calculate at the sum or value of five shillings and seven pence of good money of England according to the proofs to be supported by law in that respect, and the said Giles Johnson has refused and refuses to pay, make good and satisfy to the aforesaid Master Robert Assheton, rector aforesaid, the aforesaid tithes (as is aforesaid) subtracted or not paid (if they are in existence) otherwise the true values of the same tithes, as duly requested, or at least, he has delayed and is delaying; and he in the said tithes (if they are in existence) otherwise in  the value aforesaid of the same tithes and in triple the value of the same tithes (which triple value we calculate at the sum or value of sixteen shillings and 9d of good and lawful money of England, according to the rate aforesaid in accordance with the rate fixed by the party principal and proved in that respect)

and also in the lawful expenses incurred and to be incurred on the part of the aforesaid rector in this respect (which expenses incurred we tax at the sum of forty shillings of lawful money of England) and that he ought to be obliged and compelled to the due payment of the premises by legal remedy of law and with effect the same is thus obliged and compelled to the payment of the aforesaid expenses to the aforesaid rector, or his assignee, taxed by us as is aforesaid, before the next feast of Archangel Michael next coming under pain of excommunication then and thenceforward, if he does not obey our warnings to him, which we pass and publish in these writings, we pronounce, decree and declare that he is peremptorily warned by this our

[1] A rider was a stook of cereal, generally made up of ten sheaves, four on each side and two covering sheaves. (Robert Holland (ed), A Glossary of Words used in the County of Chester (1885)).

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our definitive sentence or this our final decree which we pass and publish in these writings.

This sentence was read by the judge aforesaid on the 21^st day of the month of July in the year of our Lord 1552 with these being then present there Sir Nicholas Harwarr, chaplain, John Barnes, gentleman, and Randle Bradley, witnesses summoned to the premises.

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[written the other way up]

sentence on behalf of the rector of Middleton against Giles Johnson, read and passed on the 21^st day of the month of July in the year 1552

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

Translation copyright ©2025 P J Cox All Rights Reserved

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In the name of God, Amen: before you […][1] by divine permission bishop of Chester or any other judge whomsoever competent in that behalf; the party of the distinguished and venerable Richard Egerton, knight, farmer of the venerable dean William[2] and the chapter of the cathedral church of Chester, rectors of the parish church of Prestbury and the perpetual rectory of the same, against William Andrewe of the aforesaid parish of Prestbury of Chester diocese and of your jurisdiction and also against any other or others whomsoever lawfully intervening before you in judgement for the same, by every better way, method and form of law that can follow thereon by which he was or is able says, alleges and in these writings in law propounds jointly and severally and in articles as follows:

1.          Firstly, that the said venerable dean William and the chapter aforesaid, rectors aforesaid, were and are canonically instituted to the said parish church and rectory of Prestbury, and thus instituted to it with its universal rights, tithes and appurtenances, have had possession of it for some peaceful and quiet time just as (saving what will be said below) they thus have also at present and also were and are commonly called, held, named and reputed openly, publicly and notoriously as rectors and canonical possessors of the said rectory of Prestbury; and he propounds jointly and severally and concerning any of these points.

2.          Also, that as well by common law, deed, right and re-grant of presentation of the said rectory of Prestbury, as by ancient laudable and lawful 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, as well greater as lesser, mixed and minute (except corn and grain) especially of calves, wool, foals and lambs proceeding and arising within the parish of Prestbury and the bounds and limits and tithable places of the same belonged and thus should have and ought also to belong and appertain to the said venerable dean William and chapter, present rectors there, or to the present farmer by right and in the name of his said rectory and to all and singular his precursors and predecessors in their successive time; and he propounds jointly and severally and concerning any of these points.

3.          Also, that all and singular rectors of the said rectory of Prestbury in their successive times, were and are in peaceable possession, or virtually so, of the right of taking and having all and singular tithes abovesaid coming and arising in the manner as is aforesaid (except corn and grain) for 10, 20, 30, 40, 50 and 60 years and before and also from the time and throughout the time of the beginning of which does not exist in the memory of men, and they and through their men took them during the same time and so the said venerable dean William and chapter, present rectors, and their farmer had and disposed for their whole and entire time there until the time of trouble described below; and he propounds jointly, severally and concerning any part thereof.

4          Also, that in a parliament of England held and celebrated at Westminster in the 27^th and 32^nd [years of the reign] of the most serene prince in Christ Henry the eighth, formerly king of England, of happy recollection and memory among other statutes it was and is ordained that all and singular persons of this realm of England whatever his status, degree or condition might be, every year faithfully pays and is bound to and should  pay tithes and offerings to God and the church due and accustomed to be paid according to and in accordance with the laudable and legal use, practise and custom of the parishes and places where the tithes and offerings grow and arise or are owed; and he propounds jointly and severally and concerning any of these points.

[1] The name of ‘George’ as bishop of Chester has been crossed out but unfortunately any subsequent insertion is illegible. George Cotes was the first Marian bishop of Chester, appointed in 1554 he died in office early in December 1555, suggesting that this cause dates from late 1555 or early 1556.

[2] William Cliffe was dean of Chester from 1547 to 1558.

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5          Also, that in a parliament of England held and celebrated at Westminster in the 2^nd and 3^rd [years of the reign] of the most serene prince in Christ Edward the sixth of good and happy memory, late king of England, in confirmation of the payment of all and singular sorts of tithes and offerings it was and is established and ordained, for all and singular his tithes having been subtracted [but] accustomed to be paid by law and custom they shall have given back triple value of the tithes as is thus aforesaid subtracted, just as is more fully clarified and contained in the same statute, to which this party refers himself, as far as it is expedient for himself, and not otherwise; and he propounds jointly and severally and concerning any of these points.

6.          Also, that the said William Andrewe, layman, who had or has no right in any way in the said rectory of Prestbury or in the tithes aforesaid, forgetful of the welfare of his soul, being induced (as it is believed) by an evil spirit and not respecting the statutes of the realm and not fearing to fall under penalty of the law in the one thousand five hundred and fifty-first year of our Lord had, raised and kept seven cows and the same number of calves within the parish of Prestbury and the bounds and the tithable places of the same and applied and converted them to his own use where by law and custom he should have paid one tithe calf and in the one thousand five hundred and fifty-2^nd year of our Lord he had, raised and kept six cows and the same number of calves, compounding with the farmer for two cows and the same number of calves, omitting five cows and four calves in his account with the farmer namely for any cow and calf 2d for each of the same. Also, in the one thousand five hundred and fifty-3^rd year of our Lord he had, raised and kept seven cows and the same number of calves coming from the same cows, from which he paid not even one tithe calf […] the law, practice and custom of that place and parish requires Also, in the one thousand five hundred and fifty-fourth and fifth years of our Lord he had, raised and kept within the bounds of the parish aforesaid seven or at least six cows with the same number of their calves, rendering account for not more than two cows and the same number of calves omitting (as above) four cows with their calves in calculating with the farmer and he approved and approves and accepts the subtraction thus done in his name by him and his men; and he propounds jointly and severally and concerning any of these points.

7          Also, that the said William Andrewe, layman, forgetful of the welfare of his soul (as above) in the one thousand five hundred and fifty-2^nd, 3^rd, 4^th and fifth years of our Lord, in the months of November, December, January, February, March and April had, raised and kept and (as he agrees) overwintered in each year in the months aforesaid at least fifty sheep, commonly called ‘yenys & wedders’[1] and applied and converted them to his own use, delivering to the rectors or their farmer no tithe or tenth part neither of the wool nor the lambs therefrom, where each year he should have delivered to God and the church five fleeces and at least two tithe lambs; and he propounds jointly and severally and concerning any of these points.

8          Also, that the true value or valuation of the tithes or tenth part subtracted, as is thus aforesaid, by the aforesaid William Andrewe, namely ‘fore ij tythe caluis fore kie & caluis iij yere´ for tithe calves not paid extends to the sum or value of 8s and for cows and their calves, according to the custom, for three years as above mentioned is 2s

[1] Probably ‘jennys’ and ‘wethers’ – female animals and castrated male sheep.

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[…]
and for two lambs […] in the one thousand five hundred and fifty-first year of our Lord 3s 4d and for the same number in the following year, namely the one thousand five hundred and fifty-second 5s and for similar in the following year 3s and for similar in the following year 2s 4d and for similar […] 2s, and this propounding party submits and libels of whatever other intermediate or lesser sum or value down to the sum or value of 13s 4d, and of such and so great a sum or value of what kind and amount as extends by common report of men as will come to be proved by lawful proofs in the outcome of this suit; and he propounds as above.

9          Also, that the aforesaid William Andrewe was asked and requested on the part and behalf of the aforesaid rectors or their farmer within the precincts of the said parish of Prestbury and the tithable places of the same to pay, give and deliver to the aforenamed venerable men, dean William and the chapter, rectors aforesaid, or to their farmer the tithes abovesaid subtracted, taken and had by him and his men in the months and years recited above, or in any of those months whatever, in one or the other, in the manner as is aforesaid or otherwise duly to compound for the same; and he propounds as above.

10        Also, that the aforesaid William Andrewe having been asked and requested as is aforesaid to give, pay or deliver the tithes aforesaid, or otherwise duly to compound for them, he has not troubled and is not troubling to do so, but in the months and years aforesaid, or in any of those months whatever, in one or the other, without there being reasonable or lawful cause at all expressly declined and refused, or at least inequitably delayed and delays at present, to the grave danger of his soul and to no small prejudice and grievance of the aforesaid rectors and their farmer and the pernicious example of other Christian faithful; and he propounds as above.

11        Also, that the aforenamed William was and is of the parish of Prestbury, of Chester diocese and of York province and notoriously subordinate and subject to your jurisdiction; he propounds as above.

12        Also, that all and singular the premises were and are true, public, notorious, manifest and well-known, and public voice and fame were and are at present circulating regarding and concerning this in the said parish of Prestbury and other surrounding parishes, townships and places. Whereupon, due proof being made, as required by law in this behalf, the party of the said farmer of Prestbury prays that right and justice may be done and administered to him with effect in the premises and also that the aforesaid William Andrewe is condemned in the tithes aforesaid subtracted by him and his men and not paid, if they are in existence, and otherwise in true value of the same, according to the provisions of the statute aforesaid and in the lawful costs incurred and he protests those to be incurred by reason of this suit on the part of the said farmer aforesaid and, having been condemned, that that he is canonically obliged and compelled to the real payment of these same tithes and expenses by you and passing your definitive sentence or your final decree in that behalf, lord judge aforesaid; and otherwise, that what will have been of right and reason in the premises and anything concerning them may be done, established and decreed etc.

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[Endorsement] 

[the endorsement is illegible apart from the year]

1552

[in pencil in a different hand]

/2

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

Translation copyright ©2025 P J Cox All Rights Reserved

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

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

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

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

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

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

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

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

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

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[…]

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

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

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

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

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

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