Ref: EDC 5/1580/5
Catalogue Entry:
EDC 5 1580. 5. CHESTER James Bannister c Ellen Bannister alias Urmston for adultery and bastardy – libel, responsions, decree from York.
Summary:
James Banester contra Ellen Urmeston
Ellen Urmeston contra James Banester
James Banester tried to prevent Ellen Urmeston from bring an action against him, naming him as the father of her illegitimate child, by naming the man whom he thought to be the father and naming witnesses who had been told by Ellen that James was not the father. He also claimed that he should have been given the opportunity of clearing his name by compurgation. However, sentence was given in favour of Ellen and James was ordered to support the child. He appealed to York and an order was made to inhibit implementation of the sentence.
Year
1580
Type of Cause:
Immorality – acknowledgement of illegitimate child
Cause Papers:
Banester c. Urmeston
Libel
Additional positions
Urmeston c. Banester
Sentence
Miscellaneous (inhibition)
Original Document
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Translation
[1580/5 image 1]
In the name of God, Amen; before you, venerable Master Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court, or any other judge whomsoever competent in this regard, the party of the distinguished James Banester of the city of Chester against Ellen Urmeston of the same city and against any other person or persons whomsoever lawfully intervening before you in judgement for the same, by way of complaint and complaining to you in this behalf says and alleges and propounds in these writings in law in articles as follows:
1 Firstly, namely that the aforesaid James Banester, for twenty years, ten years or at least five years last past was, just as he is at present, a man of good name, honest conversation and unblemished reputation and accused or defamed or detected of no crime, leastways of adultery, fornication or sexual incontinence and commonly called, held, deemed and reputed for such and as such among good and substantial people and others having sufficient knowledge of his life and conversation for the whole and entire time aforesaid; and he propounds jointly, severally and concerning any part thereof.
2 Also, that if and in so far as the aforesaid Ellen Urmeston has seriously defamed the same James Banester and has accused him of having recently begotten a female child from her body, the same Ellen should not and cannot burden the aforesaid James in that respect forasmuch as he, the aforesaid James, never had carnal knowledge of the said Ellen; and he propounds as before.
3 Also that the aforesaid James should not be adjudged as the natural father of the same child in as much ‘That the said Ellen when she <went> with the said childe in her wombe being charged by honest & credible persons to declare whoe war father of the same childe confessed that the said James was not the father thereof, and asked the same James then present forgiuenes for that she had wrongfullie & vntrulie accused him thereof and vtterred vnto him then the person that was the father of the same, requestinge the said James neuer to disclose the same person, for that if it were knowen the same person had begott her with childe she sholde be vtterlie shamed for euer for that she <stode> soe nere in affinitie vnto him’ And he propounds as before.
Transcript
[1580/5 image 1]
In dei nomine Amen Coram vobis [venerabili] viro magistro [Roberto] leche legum
doctore Curie Consistorialis Cestrensis officiali principali legitime deputato
aut alio Judice in hac parte competenti quocunque Pars discreti
viri Jacobi Banester Ciuitatis Cestrie contra et aduersus
Ellenam Urmeston eiusdem Ciuitatis ac contra quemcunque
alium seu quoscunque alios Coram vobis in Judicio pro eadem
legitime intervenientem per viam querele et vobis in hac parte
querelando dicit allegat et in hijs scriptis in Jure
proponit articulatim prout sequitur
1 Imprimis videlicet Quod predictus Jacobus Banester per viginti annos
decem annos seu saltem per Quinque annos vltimo elapsos
fuit prout in presenti est vir bone fame conuersacionis honeste
ac opinionis illese, et nullius Criminis saltem adulterij
fornicacionis vel incontinentie accusatus seu diffamatus vel
detectus proque tali et vt talis inter bonos et graues
et alios euis vite et Conuersacione sufficientem noticiam habentes
communiter dictus tentus habitus et reputatus pro toto et omni
tempore predicto Et ponit Coniunctim diuisim Et de quolibet
2 Item Quod si et quatenus predicta Ellena Urmeston eundem
Jacobum Banester grauiter diffamauit, ac prolem feminiam
ex corpore suo nuper procreasse accusauit, eadem Ellena
predictum Jacobum in ea parte onerare non debet neque potest, pro
eo videlicet et ex eo quod ipse prefatus Jacobus dictam Ellenam nunquam
carnaliter cognouit Et ponit vt supra
3 Item Quod predictus Jacobus pater naturalis eiusdem prolis adiudicari
non debet pro eo videlicet et ex eo That the said Ellen when
she <went> with the said childe in her wombe beinge charged
by honest & credible persons to declare whoe war father
of the same childe confessed that the said James was not
the father thereof, and asked the same James then present
forgiuenes for that she had wrongfullie & vntrulie
accused him thereof and vtterred vnto him then the
person that was the father of the same, requestinge
the said James neuer to disclose the same person, for that
if it were knowen the same person had begott her
with childe she sholde be vtterlie shamed for euer for
that she <stode> soe nere in affinitie vnto him Et ponit
vt supra
Original Document
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Translation
[1580/5 image 2]
[4] […] ‘the spe[ce of] Eight [seven six] fyve foure three two or at least one whole weke about the same tyme that by possibilitie of nature and Computacion of tyme the said childe was begotten did nightlie lye in bed with one Thomas Wilson of the Citie of Chester Sheareman whoe hath & then had maried the suster of the said Ellen to the great offence of the neighbors of the said Thomas’ And he propounds as before.
5 Also That incase the said Ellen hath at any tyme fathered the said childe sithence it was borne vppon the said James Banester <in fact> the same fatheringe cannot in any wise profitt or availe her nor <be> hurtfull or preiudiciall to the said James, for that it was done in a place called Thelwall distaunt from the dwellinge house or abidinge place of the said James about xvj miles, without any Canonicall monicion giuen to the said James by the <Curat of the> same place, and in which place nether Sacramentes are ministred, matrimonies solemnized or the dead buried, where in verie dede by the laudable Custome of this dioces the same childe sholde haue bene fathered in the parishe churche of the said James and he sholde haue had <publique> monicion thereof <from his own Curat> by the space of one whole weke next before the doenge thereof to thintent he might haue vsed the benefite of Reclamacion[1] otherwise evill disposed women might & wolde father their children borne & begotten out of wedlock vppon suche persons as were giltles of the fact And he propounds as before.
6 Also, that the aforesaid James Banester was and is of the parish of Saint Oswald of the city of Chester and not of the chapelry of Thelwall, and he propounds as before.
Also, that all and singular the premises were and are true, public, notorious, manifest and equally famous, and public voice and fame were circulating, just as they are circulating at present, regarding and concerning this.
Whereupon, due proof being made as required by law in this regard, the party of the same James prays that right and justice may be done and administered to him in all and singular the premises
[1] Establishing innocence by claiming compurgation.
Transcript
[1580/5 image 2]
[4] […] the spa[ce of] Eight [seven six] fyve
foure three two or at least one whole weke about
the same tyme that by possibilitie of nature and
Computacion of tyme the said childe was begotten
did nightlie lye in bed with one Thomas Wilson
of the Citie of Chester Sheareman whoe hath &
then had maried the suster of the said Ellen to
the great offence of the neighbors of the said
Thomas Et ponit vt supra
5 Item That incase the said Ellen hath at any tyme
fathered the said childe sithence it was borne
vppon the said James Banester <de facto> the same fatheringe
cannot in any wise profitt or availe her nor <be> hurtfull
or preiudiciall to the said James, for that it was
done in a place called Thelwall distaunt from the
dwellinge house or abidinge place of the said
James about xvj miles, without any Canonicall monicion
giuen to the said James by the <Curat of the> same place, and
in which place nether Sacramentes are ministred,
matrimonies solemnized or the dead buried, where
in verie dede by the laudable Custome of this
dioces the same childe sholde haue bene fathered
in the parishe churche of the said James and he
sholde haue had <publique> monicion thereof <from his own Curat> by the space of
one whole weke next before the doenge thereof
to thintent he might haue vsed the benefite of
Reclamacion otherwise evill
disposed women might & wolde father their children
borne & begotten out of wedlock vppon suche persons
as were giltles of the fact Et ponit vt supra
6 Item Quod predictus Jacobus Banester fuit et est parochie Sancti
Oswaldi Ciuitatis Cestrie et non Capellarie de Thelwall
Et ponit vt supra.
Item Quod premissa omnia et singula fuerunt et sunt vera
publica notoria manifesta pariter et famosa Et quod
de et super eisdem laborarunt prout in presenti laborant
publica vox et fama
Unde facta fide de Jure
in hac parte requisita petit pars eiusdem Jacobi
Jus et Justiciam sibi in premissis omnibus et singulis
Original Document
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Translation
[1580/5 image 3]
and that he will be dismissed and absolved from the […] petition and […] unjust vexation by the same Ellen by you and your definitive sentence or final decree, together with his costs incurred and to be incurred in this cause, etc. this party propounds the premises and prays that they are done jointly and severally, not binding himself to prove all and singular the premises, nor to the burden of a superfluous proof, against which he protests, but so far as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises; and this party asserts the right of adding to, taking from and correcting at an agreeable and suitable place and time; And that he does not propound the premises to defame the same Ellen nor the aforesaid Thomas Wilson at all, but to use for his defence by remedy of law and not otherwise, in which sense and by no other premise he desires and wishes to be judged etc.
Transcript
[1580/5 image 3]
fieri et ministrari Seque ab […] impe[ticione ac] iniusta
vexacione eiusdem Ellene dimitti et abolui vnacum Expensis
suis in hac Causa factis et fiendis per vos et vestram Sententiam
diffinitivam siue finale decretum et cetera Premissa proponit et fieri
petit pars ista Coniunctim et diuisim non arctans se ad omnia et
singula premissa probanda nec ad onus superflue probacionis
de quo protestatur sed quatenus probauerit in premissis eatenus
obtineat in petitis Juris beneficio in omnibus semper saluo
Vestrum officium in premissis humiliter implorando Et
protestatur de addendo diminuendo et corrigendo pro
loco et tempore congruis et oportunis Et quod
premissa non proponit omnino eandem Ellenam nec predictum
Thomam Wilson diffamandi sed remedio Juris pro
sua defensione vtendi et non aliter in quo Sensu
et nullo alio premisso censeri cupit et vult et cetera
Original Document
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Translation
[1580/5 image 4]
[Endorsement]
[…] Banester against Ellen Urmeston offered in the year 1580.
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
Transcript
[1580/5 image 4]
[Endorsement]
[…]
Banester contra
Ellenam Vrmeston
oblat’ Anno 1580
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
Original Document
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Translation
[1580/5 image 5]
Additional positions on behalf of James Banester against Ellen Urmeston in a cause of upkeep of a child, exhibited on the 15th day of April in the year 1580.
1 Item the party of the said James Banester propounds and articles ‘that’ Katherine Wright, wife of Roland Wright, met the said James Banester within 3 days after the examination of the said Ellen Urmeston held in that respect before the aforesaid Katherine Wright and Katherine Momforde, wife of David Momforde, and said these words which follow in English to the same James, namely ‘James’ meaning the said James Banester ‘we haue now found a nue father to the child’ meaning ‘the child now in question’ and the said James Banester, replying, asked ‘who is that ‘and the said Katherine Wright said ‘A knave that came from London with hir I thought it was not hir Chance[1] to haue so honest a man to to the father of the Child as you be’ or other words conveying the same effect; and he propounds jointly, severally and concerning any part thereof.
2 Also he propounds and articles ‘that the Comon speche in Chester is […] Thomas Wilson Brother in law to the said Ellen Vrmeston hath confessed that She the said Ellen came from London where She had dweled for the space of v years
[1] Chance = luck, fortune
Transcript
[1580/5 image 5]
Posi[tiones addi]cional[es] [ex parte Jacobi Banester]
contra Elen[am] Vrmeston in causa sustentacionis prolis
Exhibite xvo die mensis Aprilis Anno 1580
1 Item ponit et articulatur pars dicti Jacobi Banester that
Katherin Wright vxor Rouland Wright dedit obviam
dicto Jacobo Banester infra iijs dies post examinacionem
dicte Elene Vrmeston coram prefata Katherina Wright et
Katherina Momfurthe vxor David Momforde in hac parte
habitam et hec verba vt in anglicis sequntur eidem Jacobo
dixit videlicet James innuendo dictum Jacobum Banester
we haue now found a nue father to the child
innuendo the child now in question Et dictus
Jacobus Banester respondendo interrogabat who is
that et dictam Katherinam Wright dixit A knave
that came from London with hir I thought it
was not hir Chance to haue so honest a man to
{to} the father of the Child as you be seu alia
verba eundem effectum et importantia Et ponit coniunctim
diuisim et de quolibet
2 Item ponit et articulatur that the Comon speche in Chester
is […] Thomas Wilson Brother in law to
the said Ellen Vrmeston hath confessed that
She the said Ellen came from London where
She had dweled for the space of v years
Original Document
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Translation
[1580/5 image 6]
[…] Credible […] vnto his the said Thomas his house on trenetye Sonday laste which was the xiiij daie of June laste[1] And the same Child was borne the fyfte day of february then next followeng So that by that accompte the Childe was not in the mothers wombe eight monthes’ and he propounds as before.
Also he propounds and articles ‘that if the said Ellen may be hir self examined she will confesse the said James Banester was not acquainted with hir the said Ellen of a good tyme after hir Retorne from london’ and that he never knew her carnally as previously alleged; and he propounds as before.
Whereupon, due proof being made etc. he prays right and justice in the premises etc.
[1] Trinity Sunday 1579 was 14th June
Transcript
[1580/5 image 6]
[…] the Credible […] vnto his the said
Thomas his house on trenetye Sonday laste
which was the xiiij daie of June laste[1]
And the said Child was borne the fyfte
day of february then next followeng So that
by that accompte the Childe was not in the
mothers wombe eight monthes et ponit
vt supra
Item ponit et Articulatur that if the said Ellen
may be hir self examined she will confesse
the said James Banester was not
acquainted with hir the said Ellen of
a good tyme after hir Retorne from london
Et quod nunquam cognovit ea carnaliter vt
preallegauit et ponit vt supra
Vnde facte
fide et cetera petit ius et iusticiam in premissis et cetera
[1] Trinity Sunday 1579 was 14th June
Original Document
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Translation
[1580/5 image 7]
[Endorsement]
Additional positions on behalf of James Banester against Ellen Urmeston etc. 1580
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
Transcript
[1580/5 image 7]
[Endorsement]
Positiones ad[ditionales]
ex parte Jacobi
Banester contra
Elenam Vrmeston
et cetera 1580
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
Original Document
Click to view fullscreen
Translation
[1580/5 image 8]
In the name of God, Amen: the merits and circumstances of a certain cause of affiliation or support of a child which was disputed for some time and is still disputed and pending undecided before us having been heard, seen and understood and fully investigated by us, Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court by the authority of the right reverend father in God, William, by divine mercy lord bishop of Chester, rightly and lawfully proceeding, between Ellen Urmeston, the party plaintiff and complainant on the one part, and James Banester of the city of Chester ‘Swerdberer’ of the parish of Saint Oswald of the city of Chester and of Chester diocese and jurisdiction, the defendant and party complained of on the other part; appearing sufficiently and lawfully before us in court; the party of the said Ellen Urmeston by the distinguished William Withens, her proctor previously appointed according to the acts of the court, likewise the party of the said James Banester appearing in person and by James Banester, notary public, his previously-appointed proctor; the party of the said Ellen praying that sentence is passed and justice may be done to her party, while respectively the party of the said James Banester also praying with no little urgency that justice may be done to him.
The whole and entire proceedings had and done in this cause having first been examined and diligently considered by us, 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 the pronouncement of our definitive sentence in the afore-mentioned cause and between the parties aforesaid, and we do proceed in this manner which follows:
Forasmuch as we find by the acts enacted, set forth, propounded, alleged and likewise proved that the aforesaid Ellen Urmeston has attributed to and fathered upon the said James Banester, the defendant, a certain illegitimate child recently illicitly begotten and produced from the body of Ellen, by virtue of her corporal oath and has sworn with a sufficient number of women who have believed that the said Ellen has sworn a true oath in that behalf that the same James Banester is father of this child and the said James Banester has failed in proof of his material […] introduced in this cause and has failed […] with this court and that nothing effectual has been or is alleged, propounded or proved on the part or behalf of the said James which could destroy or in any way weaken the claim of the previously-libelled Ellen Urmeston.
Transcript
[1580/5 image 8]
In dei nomine Amen Auditis Visis Intellectis plenarie[que]
discussis per nos Robertum Leche Legum doctorem Curie Consistorialis
Cestrensis auctoritate Reuerendi in christo patris et domini domini Willielmi
miseratione diuina Cestrensis Episcopi officialem princi-
palem Legitime deputatum meritis et Circumstantijs cuiusdam
Cause filiationis siue Alimentacionis prolis que coram
nobis inter Ellenam Urmeston partem Actricem et
querelantem ex vna et Jacobum Banister <de Ciuitate Cestrie>
Swerdberer parochie Sancti Oswaldi Ciuitatis
Cestrie <Cestrensis diocesis> ac Jurisdiccionis partem ream et querelatam partibus
ex altera Aliquandiu vertebatur vertiturque adhuc
et pendet Indecise <rite et legitime procedentes> parte dicte Ellene Urmeston per
discretum virum Willielmum Withens eius apud acta
procuratorem <alias constitutum > parte vero dicti Jacobi Banister per se
et Jacobum Banister notarium publicum eius procura-
torem <alias constitutum> coram nobis In Judicio rite et legitime
comparentibus parte dicte Ellene Sententiam ferri et Justiciam
pro parte sue fieri parte vero dicti Jacobi Banister
Justiciam etiam <sibi> fieri cum Instantia non modicum <respectiue> postu-
lantibus
Rimato primitus per nos diligenterque recen-
sito toto et Integro processu in huiusmodi Causa habita
et facto Servatisque per nos de Jure in hac parte seruandis
ad nostre Sententie diffinitiue prolacionem in memorata Causa
et inter partes predictas sic duximus procedendum et proce-
dimus in hunc qui sequitur modum
Quia per acta
Inactita deducta proposita allegata pariter ac probata
Invenimus predictam Ellenam Vrmeston
<prolem> quandam Spuriam <nuper> ex corpore
<ipsius Ellene illicite> procreatam <et genitam> medio cor-
porali suo juramento
<in dictum Jacobum Banester partem defendentem> filiasse et paternasse <eundemque Jacobum Banester patrem esse huiusmodi
prolis Jurasse cum sufficienti numero mulierum se dictam Ellenam verum in
hac parte Jurasse credere dictum iuramentum dictumque Jacobum in probacione materie sue defecisse
in hac causa interposite […] huius Curie […] defecisse nihilque effectuale ex parte et per
partem dicti Jacobi fuisse aut esse allegatum propositum et probatum quod intencionem prelibate>
Ellene Urmeston elideret seu quomodolibet
Original Document
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Translation
[1580/5 image 9]
Therefore we, Robert Leche, Doctor of Laws, the official aforesaid, having first called upon the name of Christ, and setting God himself alone before our eyes, from and with the advice of the learned in the law with whom we have consulted in a timely manner in this behalf pronounce, decree and declare that the said James Banester is compelled to support and educate the same child for […] and we condemn the aforesaid James Banester in the lawful costs incurred and to be incurred on the part and behalf of the said Ellen Urmeston in this cause, to be taxed by us with the greatest moderation, and to the real payment of the same to the party of the said Ellen by this our definitive sentence or this our final decree which we pass and publish in these writings; but reserving taxation of these expenses to us or another judge competent in this behalf and we do reserve it.
This sentence was read and issued by the aforesaid judge in the presence of Randle Cotgrave, the principal registrar etc., sitting publicly and judicially in Chester cathedral church in the place of the consistory there on the second day of December 1580, then present there John Morgell, notary public, David Mountford of the city of Chester, John Yardley and Hugh Gillam, literate men, particularly called and summoned to the premises.
Transcript
[1580/5 image 9]
enervaret
Idcirco nos Robertus Leche legum
doctor <officialis antedictus> christi nomine primitus Invocato ac ipsum solum deum
oculis nostris preponentes de et cum Consilio
Jurisperitorum quibuscum in hac parte <mature> communicauimus
<dictum Jacobum Banester> ad alimentandum et educandum eandem <prolem pro […] <compellendum fore […]>
predictumque Jacobum
Banister in Expensis Legitimis ex parte et per partem
dicte Ellene Vrmeston in hac <causa> factis et fiendis
<cum magna tamen moderacione per nos taxandis> ac ad realem Solucionem earu-
ndem parti dicte Ellene Condempnamus per hanc
nostram Sententiam diffinitivam siue hoc nostrum finale de-
cretum quam siue quod ferimus et promulgamus in
hijs Scriptis taxacionem vero huiusmodi Expensarum
nobis aut alio Judici in hac parte <competenti> reseruantes
et reseruamus
Lecta et lata fuit huiusmodi Sententia <per>
iudicem
antedictum in presentia magistri Ranulphi Cotgreaue
Registrarij principalis et cetera publice pro tribunali in Ecclesie
cathedrali Cestrensi loco consistorio ibidem secundo die
decembris 1580 sedenti presentibus tunc
ibidem Johanne Morgell notorio publico David
Mountford Civitatis Cestrie Johanne Yardley
et Hugone Gillam literatis Testibus ad
premisis specialiter vocatis et requisitis
Original Document
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Translation
[1580/5 image 10]
[Endorsement]
[…] Vrmeston […] James Banester in a cause of affiliation of a child exhibited 1580.
[in pencil in a different hand]
Chester
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
Transcript
[1580/5 image 10]
[Endorsement]
[…]
Vrmeston […]
Jacobum Banaster
in causa filiationis
Prolis exhibit’
1580
[in pencil in a different hand]
Chester
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
Original Document
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Translation
[1580/5 image 11]
Copy of the inhibition in respect of Banester
The official of the revered consistory court of York, lawfully appointed, to all and singular clerks and literate men whomsoever throughout the diocese and province of York in any place appointed, greeting.
Since a certain James Banester of the city of Chester, of Chester diocese and the province of York, sword-bearer, thinking and perceiving himself and his party, invalidly, wrongly and unjustly decreed and adjudged by promulgation of a certain pretended definitive sentence (if it deserves to be so called), both wrongful in law and completely contemptuous and neglectful of judgements, invalidly and unjustly issued and published against his party by the venerable Master Robert Leche, Doctor of Laws, pretended official principal of the right reverend father in God, William, by divine mercy lord bishop of Chester in a certain pretended cause of affiliation or support of a child on the part and behalf of a certain Ellen Urmston, the party plaintiff and pretended complainant on the one part and the aforesaid James Banester, the defendant and party complained of on the other part, in some way directed and instituted, through the which pretended sentence the said James Banester is to be compelled to feed and educate a certain illegitimate child unlawfully born of the body of her, Ellen, at the false petitions and persuasions of the said Ellen Urmeston, while through other matters and proofs he is able to show or declare some other man to be deemed and reputed as the father of the same child;
and also from the costs incurred and to be incurred on the part and behalf of the said Ellen in the said pretended cause, although to be taxed with the greatest moderation, and the real payment of the same to the party of the same Ellen, to which he also wrongly, invalidly and unjustly condemned the aforesaid James unduly and unjustly to be burdened, to the manifest abuse of law and to the no small prejudice, loss and damage of the said James and also fearing and dreading that he could be annoyed and burdened in future and he has appealed to us and our revered consistory court of York aforesaid from the same sentence as unfairly and unjustly issued, and he has complained chiefly of the invalidity of the said sentence and the process had and done in the said pretended cause
Transcript
[1580/5 image 11]
Copia Inhibicionis pro Banester
Officialis alme curie consistorialis Ebor’ legitime deputatus
Vniversis et singulis clericis et literatis quibuscunque per diocesem
et provinciam Eboracensem ubilibet constitutis Salutem
Cum quidam Jacobus
Bannester de Ciuitate Cestrie Cestrensis diocesis Eboracensisque
provincie Ensiferus sentiens et percipiens se et partem suam
ex prolacione cuiusdam pretence sentencie diffinitive
(si ita dici mereatur) contra partem suam per venerabilem
virum magistrum Robertum Leech legum doctorem officialem
pretensum principalem Reverendi in christo patris et domini domini
Willielmi miseracione divina Cestrensis Episcopi nulliter et
inique late et promulgate in quadam pretensa causa
filiacionis siue alementacionis prolis coram eo ex parte
et per partem cuiusdam Elene Urmeston partis actricis
et querelantis pretense ex vna contra prefatum Jacobum
Bannester partem ream et querelatam ex altera taliter
qualiter intentata et instituta per quam quidam pretensam
sententiam dictum Jacobum Bannester ad alimentandum et educandum
quandam prolem spuriam ex corpore ipsius Ellene illicite
natam compellendum fore donec per alia et probalia documenta
ostendere seu declarare poterit aliquem alium virum habendum
fore et reputandum debere pro patre eiusdem prolis ad subdolas
peticiones et perswasiones dicte Elene Urmeston nulliter
perperam et inique Juris et iudiciorum ordine spreto penitus
et neclecto decreuit et adiudicauit
Predictumque Jacobum
ne ex expensis ex parte aut per partem dicte Elene in dicta
pretensa causa factis et fiendis magna tamen moderacione
taxandis et ad realem eorundem solucionem parti euisdem Elene
etiam perperam nulliter inique condempnauit in iuris Iniuriam
manifestam dictique Jacobi preiudicium dampnumque non modicum
et gravamen indebite et iniuste pregravari ac plus
timens et metuens se ledi posse et gravari in futurum
Ac nos et Almam curiam consistorialem Ebor’ predictam ab eadem sentencia
tanquam inique et iniuste lata appelauit Et eaque prin-
cipaliter de nullitate dicte sentencie et processus
in dicta pretensa causa habito et facto querelatus fuerit
Original Document
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Translation
[1580/5 image 12]
We therefore command you to inhibit the aforesaid Robert Leche, Doctor of Laws, official aforesaid, and the scribe or scribes of his acts and in particular the said Ellen and also in general all others whom the law requires to be inhibited in this respect, whom we also inhibit by the tenor of these presents, nor in any way while this suit is pending should they or any of them attempt or cause to be attempted anything to the prejudice of the said party appellant so that he, the party appellant, may have the freedom to pursue this appeal and business of complaint, as is just. In addition that you cite or cause to be cited peremptorily Ellen Urmeston, that she should appear before us or any deputy of ours whomsoever in the cathedral and metropolitan church of York in the place of the consistory there on Thursday, in the third week of Lent next to come after the date of these presents between the ninth and eleventh hours before noon of the same day, to answer according to justice to the aforesaid party appellant in this, his appeal and business of complaint, and in all things to submit to law; and what you do in the premises you should duly certify together with these presents to us or any deputy of ours whomsoever on the said day, time and place. This our mandate was executed given at York under our seal which we use in this behalf on the 23rd day of January in the one thousand five hundred and eightieth year of our Lord[1], according to the system and computation of the English church.
[1] This is 1581, according to the Gregorian calendar in use today. Thursday in the third week of Lent in 1581 would have been 2nd March.
Transcript
[1580/5 image 12]
Vobis igitur mandamus quatenus prefato Roberto Lech legum
doctori officiali antedicto eiusque actorum scribe seu scribis
ac dicte Elene in specie necnon omnibus alijs quibus ius
exigit in hac parte inhiberi in genere inhibeatis quibus
nos etiam tenore presentium inhibemus ne quicquam in preiudicium
dicte partis appellantis pendente lite huiusmodi attemptent seu
attemptet eorum aliquis faciantue aut faciat quomodolibet
attemptari quo minus ipsam pars appellans liberam habeat
huiusmodi appellacionem et querele negotium prosequendi
facultatem prout iustum fuerit Citetis insuper seu
citari faciatis peremptorie prefatam Elenam Urmeston
quod compareat coram nobis seu deputato nostro quocunque
in Ecclesia cathedrali et metropolitana Ebor’ loco consistorio ibidem
die Jouis in tertia septimana quadragesime proximo
futuro post datum presentium inter horas nonam et vndecimam
ante meridiem eiusdem diei Prefate parti appellanti
in huiusmodi suo appellacionis et querele negotio de
iusticia Responsurum ac Juri per omnia pariturum Et quid
in premissis feceritis nos seu deputatum nostrum quemcunque
dictis die horis et loco debite certificetis ille vestrum
qui presens hoc nostrum mandatum fuerit exequutus Datum
Eborac’ sub sigillo nostro quo in hac parte vtimur xxiijo
die Januarij Anno domini Millesimo quingentesimo
octogesimo secundum cursum et computacionem ecclesie
Anglicane
Original Document
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Translation
[1580/5 image 13]
[Endorsement]
Executed on the third day of February 1580.
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
Transcript
[1580/5 image 13]
[Endorsement]
execut’ Tercio die
Februarij 1580
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
People
Banester c. Urmeston
James Banester – plaintiff
Ellen Urmeston – defendant
Hugh Gillam – witness to the sentence
Katherine Momforde – mentioned in the additional positions
John Morgell – witness to the sentence
David Mountford – witness to the sentence
Thomas Wilson – brother-in-law of Ellen Urmeston
Katherine Wright– mentioned in the additional positions
John Yardley – witness to the sentence
Urmeston c. Banester
Ellen Urmeston – plaintiff
James Banester – defendant