Click to view fullscreen

[1566/11 image 1]

In the name of God, Amen: before you William, by divine permission bishop of Chester, or your commissary general or any other judge whomsoever competent in this regard, the party of the distinguished Richard Carter of the parish of Prescot of Chester diocese against Edward Ogells, gentleman, of the parish of Huyton of Chester diocese and of your jurisdiction, and against any other whomsoever lawfully intervening before you in judgement for the same and also against the pretended libel or pretended material and his entire claim, such as it is, set forth judicially against the said Richard Carter, and also against the whole and entire process carried out by you thereupon, by every better and more effective way, methods and form of law by which, according to law, he was or is better and more effectively able and to every sound effect of law to follow therefrom says, alleges and responding in these writings, he propounds jointly, severally and in articles as follows:

Firstly, and above all, responding the party aforesaid says and alleges to the first article that Master Edward Ogells never was or is farmer of a certain parcel of land or hamlet called Widdes[1] lying and being within the parish of Prescot aforesaid, as falsely alleged in the same article, nor has he ever been or at present is called, taken, held, named or reputed as farmer of the tithes and church rights coming, growing and arising within the bounds and limits and tithable places of the said parcel of land or hamlet called Widdes; and he propounds jointly, severally and concerning any part thereof.

Also, responding to the second article, this party says that neither were nor are the said Edward Ogells or his precursors or predecessors called, named or reputed as farmers of the said parcel of land nor were they in peaceful possession of the same; and he propounds jointly, severally and concerning every part thereof.

Also, responding, this party says that John Layton, gentleman, was and is named, taken, held and reputed as farmer of all and singular tithes belonging and appertaining to the perpetual vicarage of the parish church of Prescot and the bounds and limits of the same,

[1] This may be the township of Widnes, which was in the parish of Prescot at this time.

Click to view fullscreen

[1566/11 image 2]

and has lawfully acquired and is possessed of the farm of the same; to which John, as true farmer as aforesaid, he paid his tithes of hay due in the present year […] on the aforesaid land lying and being, or at least lawfully compounded for his same tithes of hay with the same John Layton, as in the event of this suit will become clear and more fully and plainly appear; and he propounds jointly, severally and concerning every part thereof. 

All and singular of which matters were and are public, true, manifest, notorious etc. Whereupon, due proof being made as required by law in this regard etc.             

Click to view fullscreen

[1566/11 image 3]

[Endorsement]

[The endorsement is illegible apart from the date, 1566.]

[in pencil in a different hand]

Prescot

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

Translation copyright ©2022 P J Cox All Rights Reserved

Click to view fullscreen

[1566/6 image 1]

[…] and against any other whomsoever lawfully intervening before you in judgement for the same 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, that the said John Leigh, esquire, farmer of the hamlets of Sutton and Wincle, lying and being within the parish of Prestbury aforesaid, and as farmer of the tithes and church rights proceeding, growing, renewing and arising within the bounds and limits and tithable places of the said hamlets called Sutton and Wincle he was and rightly and lawfully possessed of the farm of the same and he was and is commonly called, taken, deemed, named, and openly, publicly and notoriously reputed as farmer there; and he propounds jointly, severally and concerning any part thereof.

2          Also, that the practice and custom of tithing or paying tithes of oats, barley and hay proceeding, growing and arising within the said parish of Prestbury from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men has grown up that any parishioner whomsoever or places there should render tithes of oats, barley and hay coming, growing, arising and renewing within the bounds and limits and the tithable places of the same hamlets of Sutton and Wincle according to and in accordance with the laudable and lawful usage, practice and custom of the parish and places where these tithes come, or should do so; and he propounds as before.

3          Also, that the said William Sutton and Ralph Gardner who had and have no right in the said farm of the tithes of Sutton and Wincle, or in the tithes aforesaid in any way, heedless of the welfare of their souls, being induced, as it is believed, by an evil spirit, scorning the statutes of this realm and not fearing to fall under penalty of the law in the months of March, April, May, June, July and August last, namely in this present year of our Lord one thousand five hundred and sixty six, […] had and converted and applied to their own use oats, barley and hay coming and arising on their lands or fields […] and Wincle paying, rendering or tithing no tithes of the same to the present farmer there, or to any deputy of his whatever, nor otherwise duly compounding for the same, or any part thereof; and he propounds as before.

Click to view fullscreen

[1566/6 image 2]

4          Also, that the true value or valuation of the tithes or tenth part of oats thus withdrawn, stored away and subtracted by the aforesaid William Sutton in the year libellate notoriously amounted and amounts to the sum or value of thirteen shillings and six pence of good and lawful English money; and this party propounding propounds of whatever other intermediate or lesser sum and also of such and so great a sum as in the event of this suit will become clear and appear by lawful proofs; and he propounds as before.

5          Also, that the true value or valuation of the tithes or tenth part of barley thus withdrawn, stored away and subtracted by the aforesaid William Sutton in the year libellate notoriously amounted and amounts to the sum or value of six pence of good and lawful English money;  and this party propounding propounds of whatever other intermediate or lesser sum and also of such and so great a sum as in the event of this suit will become clear and appear by lawful proofs; and he propounds as before.

6          Also, that the true value or valuation of the tithes or tenth part of hay thus withdrawn, stored away and subtracted by the aforesaid William Sutton in the year libellate notoriously amounted and amounts to the sum or value of five shillings of good and lawful English money;  and this party propounding propounds of whatever other intermediate or lesser sum and also of such and so great a sum as in the event of this suit will become clear and appear by lawful proofs; and he propounds as before.

7          Also, that the true value or valuation of the tithes or tenth part of oats thus withdrawn, stored away and subtracted by the aforesaid Ralph Gardner in the year libellate notoriously amounted and amounts to the value or valuation of thirteen shillings of good and lawful English money; and this party propounding propounds of whatever other intermediate or lesser sum and also of such and so great a sum as in the event of this suit will become clear and appear by lawful proofs; and he propounds as before.

Click to view fullscreen

[1566/6 image 3]

8          Also, that the true value or valuation of the tithes or tenth part of hay thus withdrawn, stored away and subtracted by the aforesaid Ralph Gardner in the year libellate notoriously amounted and amounts to the sum or value of five shillings of good and lawful English money;  and this party propounding propounds of whatever other intermediate or lesser sum and also of such and so great a sum as in the event of this suit will become clear and appear by lawful proofs; and he propounds as before.

9          Also, that the aforesaid William Sutton and Ralph Gardner have often, or at least once, been asked and requested on behalf of the said farmer to pay, give and deliver to the aforesaid John Leigh, esquire, farmer aforesaid, or to his deputy these tithes taken, had and not paid as is thus aforesaid by themselves and their men, or otherwise duly to compound for the same; and he propounds as before.

10        Also, that although the aforesaid William Sutton and Ralph Gardner were thus asked and requested to do as in the premises or in any of them, they have not troubled but they have expressly declined and refused or at least unduly delayed and delay, and deny at present, to the grave danger of their souls, the pernicious example of other Christian faithful and to no small prejudice and grievance of the farmer there; and he propounds jointly, severally and of every part thereof.

11        Also, that the aforesaid William Sutton and Ralph Gardner were and are of the parish of Prestbury of Chester diocese, and for that reason notoriously subordinate and subject to your jurisdiction; and he propounds as before.

12        Also, that it was and is on behalf of the venerable John Leigh, esquire, current farmer of the tithes of Sutton and Wincle aforesaid  that this action is rightly and lawfully brought both to you, lord judge aforesaid, and to your Chester consistory court; and he propounds jointly, severally and of every part thereof.

13        Also, that all and singular the premises were and are true, public, notorious, manifest and equally well-known, and public voice and fame were and are circulating regarding and concerning this in the parish of Prestbury and in other neighbouring and surrounding places.

Whereupon, due proof being made as required by law in this regard, the party of the said farmer aforesaid prays that right and justice may be done and administered to him with effect in all and singular the premises, and also that the aforesaid William Sutton and Ralph Gardner are condemned in the tithes aforesaid subtracted by them and their men and in double the value of the same according to the aforesaid statute of the realm issued in that behalf; and in the lawful costs incurred on the part of the said farmer in this behalf, and he protests those to be incurred; and, having been condemned, that they are canonically obliged and compelled to the due and real payment of the same tithes and expenses by you and passing your definitive sentence in this behalf, lord judge aforesaid: and otherwise, that what will have been of right and reason in the premises and anything whatsoever concerning them may be done, established and decreed. The party of the said farmer 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, distinguished judge.

Click to view fullscreen

[1566/5 image 4]

[Endorsement]

Libel of the venerable John Leigh, esquire, against William Sutton and Ralph Gardner in a cause of subtraction of tithes, exhibited in the year of our Lord 1566.

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

Translation copyright ©2022 P J Cox All Rights Reserved

Click to view fullscreen

[1566/5 image 1]

In the name of God, Amen; before you William, by divine permission bishop of Chester, or your commissary general or any other judge whomsoever competent in this regard, the party of the distinguished, William Farington, esquire, farmer of the parish of Blackburn of Chester diocese against John Harwood of the parish aforesaid of your diocese and jurisdiction, and against any other whomsoever lawfully intervening before you in judgement for the same 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, that the said William Farington, was and is commonly called, taken, held, named and openly, publicly and notoriously reputed as farmer of the parish church of Blackburn, and of the tithes and church rights proceeding, growing, renewing and arising within the bounds and limits and tithable places of the same parish of Blackburn aforesaid; and he propounds jointly, severally and concerning any part thereof.

2          Also, that as well by 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 lesser, mixed and minute tithes and other ecclesiastical dues and emoluments whatsoever within the said parish of Blackburn and  the bounds and limits and the tithable places of the same, however and whenever proceeding or arising belonged and belongs and so ought also to have belonged and ought in future to the farmer of Blackburn aforesaid, whomsoever for the time being, or to his farmer or farmers; and he propounds jointly, severally and concerning any part thereof.

3          Also, that the current farmer of the parish church of Blackburn aforesaid and the tithable places of the same, and his  precursors and predecessors each and every one of them in their successive times, 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, were, just as they should have been, in peaceful possession, or virtually so, of the right of receiving and having all and singular lesser, mixed and minute tithes, and especially tithes of lambs proceeding and arising within the said parish of Blackburn, the bounds and limits and tithable places in the same, and they themselves and their men took, had and freely disposed of them and likewise the current farmer there took, had and disposed for his whole time until the time of this grievance set out below and he thus should have taken and ought also in future; and he propounds jointly, severally and concerning any part thereof.

Click to view fullscreen

[1566/5 image 2]

4          Also, that in a parliament of England held, had and solemnised at Westminster in the 32nd year of the reign of Henry VIII, late king of England, among other things a statute was and is ordained that all and singular persons, servants and subjects of this realm of England whatever his status, degree or condition might be, every year pays and should pay at present tithes and offerings to God and to his church due or accustomed to be paid in consequence of and in accordance with the laudable and legal use, practise and custom of the parish and places where these tithes and offerings grow and come or are owed and any of them whomsoever should pay thus at present; and he propounds jointly, severally and concerning any part thereof.

5          Also, that in a parliament of England held, had and solemnised at Westminster in the second and third years of the reign of Edward VI, of blessed memory, late king of England, in confirmation of the payment of all sorts of tithes and offerings due by law, among other statutes it was and is ordained in these words ‘And be hit Enacted by the authority aforesaid etc. yf any person carrey awaie his prediall tethes before the tethe be sett furth or willingly withdraw his tethe of the same or of suche other thinges wherof prediall tethes ought to be payd the partie so with drawinge shall pay dowble valew’ etc. just as is more fully contained in the same statute, to which and the contents of the same in total this propounding party refers himself so far as is necessary for himself and not otherwise or in any other way; and he propounds jointly, severally and concerning any part thereof.

Also, that the practice and custom of tithing or paying tithes of lambs proceeding, growing and arising within the said parish of Blackburn from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men has grown up that any parishioner there whomsoever should render tithes of lambs coming, growing, arising and renewing within the bounds and limits and the tithable places of the same parish of Blackburn according to and in accordance with the laudable and lawful usage, practice and custom of the parish and places where these tithes come, or should do so; and he propounds as before.

Also, that the said John Harwood  who had and has no right in the said farm of the tithes of the parish of Blackburn, or in the tithes aforesaid in any way, heedless of the welfare of his soul, being induced, as it is believed, by an evil spirit, scorning these said statutes of the realm and not fearing to fall under penalty of the law in the months of March, April, May, June, July and August namely in this present year of our Lord one thousand five hundred and sixty six, himself or his men, took, had, disposed and converted and applied to his own use tithes of lambs coming, growing and arising on his lands in the parish of Blackburn paying, rendering or tithing no tithes of the same to the present farmer there, or to any deputy of his whatever, nor otherwise compounding for the same, or any part thereof; and he propounds as before.

Click to view fullscreen

[1566/5 image 3]

Also, that the true value or valuation of the tithes or tenth part of lambs thus withdrawn, stored away and subtracted by the aforesaid John Harwood in the year libellate notoriously amounted to the value or valuation of four shillings of good and lawful English money;  and this propounding party propounds of whatever other intermediate or lesser sum and also of such and so great an amount as shall come to be declared and proved in the event of this suit; and he propounds as before.

Also, that the true value or valuation of the tithes or tenth part of lambs thus withdrawn, stored away and subtracted by the aforesaid John Harwood in the year libellate notoriously amounted to the value or valuation of two shillings of good and lawful English money;  and this propounding party propounds of whatever other intermediate or lesser sum and also of such and so great an amount as shall come to be declared and proved in the event of this suit; and he propounds as before.

[This is a repetition of the previous article with the value given as two shillings.]

 Also, that the aforesaid John Harwood has been asked and requested often, or at least once, on behalf of the said farmer to pay, give and deliver to the aforesaid William Farington, farmer aforesaid, or to his deputy, these tithes, as thus aforesaid, subtracted, taken, had and not paid by himself and his men, or otherwise to compound duly for the same; and he propounds as before.

Also, that although the said John Harwood was thus asked and requested as in the premises or in any of them, he has not troubled to do so, but he has expressly declined and refused or at least unduly delayed and delays, and denies at present, to the grave danger of his soul, the pernicious example of other Christian faithful and to no small prejudice and grievance of the farmer there; and he propounds as before.

Also, that the said John Harwood was and is of the parish of Blackburn of Chester diocese, and for that reason notoriously subordinate and subject to your jurisdiction; and he propounds as before.

Also, that it was and is on behalf of the distinguished William Farington, esquire, current farmer of the tithes of Blackburn aforesaid that this action is rightly and lawfully brought to you, lord judge aforesaid, and to your Chester consistory court; and he propounds jointly, severally and concerning any part thereof.

Also, that each and every one of the premises was and is true, public, notorious, manifest and equally well-known, and public voice and fame were and are circulating regarding and concerning this in the parish of Blackburn and in other neighbouring and surrounding places.

Whereupon, due proof being made as required by law in this regard, the party of the said farmer aforesaid prays that right and justice may be done and administered to him with effect in all and singular the premises, and also that the aforesaid John Harwood is condemned in the tithes aforesaid subtracted by him and his men and in double the value of the same according to the aforesaid statute of the realm issued in that behalf; and in the lawful costs incurred on the part of the said farmer in this behalf, and he protests those to be incurred; and, having been condemned, that he is canonically obliged and compelled to the due and real payment of the same tithes and expenses by you and passing your definitive sentence in this behalf, lord judge aforesaid.  And otherwise, that what will have been of right and reason in the premises and anything whatsoever concerning them may be done, established and decreed. The party of the said farmer 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, distinguished judge aforesaid.

Click to view fullscreen

[1566/5 image 4]

[Endorsement]

Libel of the distinguished William Farington against John Harwood in a cause of tithes exhibited in the year 1566.

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

Translation copyright ©2022 P J Cox All Rights Reserved