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[…] George Wilmesley, Bachelor of Laws, of […] our father in Christ, John […] by divine permission bishop of Chester, upheld to exercise spiritual and ecclesiastical jurisdiction within the diocese of Chester by the authority of the most powerful 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, sufficiently and lawfully deputed vicar general in spirituals and Official Principal of the Chester consistory court or any other judge whomsoever competent in that behalf; the party of the venerable Thomas Langton, knight, baron of Walton, farmer of our said lord king of all and singular ecclesiastical tithes, offerings, income and produce produced and belonging within the parish of the parish church or chapelry of Lowe, of the said Chester diocese against Lawrence Banastre of Derwynde[1] or Banister Hall and against any other person or persons whomsoever lawfully intervening before you in judgement for the same, by every better and more effective way, method and form of law by which he was or is able and to every effect of law whatever and to every consequence of law that can follow thereon in any way says, alleges and in these writings in law propounds in articles as follows:

1          Firstly, he propounds and articles that the said most illustrious lord prince, our king, was and is the present rector or proprietor of the said parish church or chapelry of Lowe of the said Chester diocese by reason of the suppression, dissolution or surrender up of the former dissolved monastery or religious house of Whalley of the said Chester diocese and he peacefully and quietly possessed the said church or chapelry of Lowe, together with its rights and emoluments for some time and he was and is commonly called, held, considered, named and reputed openly, publicly and notoriously as true rector or proprietor of the same church or chapelry and of its universal rights and emoluments; and he propounds jointly and severally and concerning any of these points.

[1] Later known as Darwen Hall.

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2          […] was, just as there is at present, a certain house commonly called […] or ‘Banaster Hall’ now in the occupation of Lawrence Banastre aforesaid with its fields, meadows, grazing and pastures and other estates, places and lands belonging and appertaining to the same house within the parish of the said parish church or chapelry of Lowe, and notoriously sited and situated within the bounds, limits and tithable places of the same and the same house called Derwyn or Banister Hall, together with its fields, estates, farms, places and lands aforesaid, is commonly called, held, deemed, named and reputed openly, publicly and notoriously as parcel of the same parish during the same time; and he propounds jointly and severally and concerning any of these points.

3          Also, that as well by the common law as by ancient laudable and lawful prescribed custom, hitherto peacefully and steadfastly used and observed from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men and often upheld in judgment in a contested cause, the right of receiving and having all and singular offerings, tithes, both greater as lesser, mixed and minute and especially tithes of milk, calves, lambs, wool, piglets, geese, eggs, hemp, flax, apples, pears, onions, leeks and garlic of in and from any gardens, orchards, fields, farms, estates, lands and tithable places whatsoever of the said parish church of Lowe aforesaid whenever, howsoever and however often renewing, grazing, growing, proceeding and arising and in supplementary manner all and singular tithes and especially tithes of milk, calves, lambs, wool, piglets, geese, eggs, hemp, flax, apples, onions, leeks and garlic, in English ‘of mylke calves lambes woll pigges gise Egges hempe flaxe Aples Onyons leekes & garlike’ of, from and in the said dwelling called Derwyn or Banister Hall and the fields, farms, places and lands appertaining and belonging to the same house whatsoever, whenever, howsoever and however often renewing, grazing, growing, proceeding and arising belonged and appertained to the rectors or appropriators for the time being of the same church or chapelry of Lowe aforesaid and it ought thus to have belonged and appertained and should also in future by reason of the premises and this was and is true, public, notorious and manifest; and he propounds jointly and severally and concerning any of these points.

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4          […]
each and every one of them being in their successive times were […] possession of the right, or quasi-possession of the right of taking and having all and singular tithes aforesaid proceeding and arising in the places aforesaid for 10, 20, 30, 40, 50 and 60 years and before and since and also from the time and throughout the time of the beginning or to the contrary of which the memory of man does not exist; and by right and in the name of the same parish church of Lowe aforesaid for the same time they took and had them, themselves or through their men, and freely disposed of and with them at their own will, and so they ought  thus to have taken, had and disposed just as our said lord king, present rector or appropriator of the same church, saving what is set out below, during his time in the name of the same church was, took, had and disposed and thus should have and should at present be, take, have and dispose by reason of the premises; and this was and is true, public, notorious and manifest; and he propounds jointly and severally and concerning any of these points.

5          Also, that the aforesaid Thomas Langton, knight, in the months of April, May, June, July, August, September, October, November, December, January, February and March in the one thousand five hundred and forty third, 44^th, 45^th, 46^th, 47^th, 48^th, 49^th, fiftieth and fifty first years of our Lord, in any of those months and years whatsoever in several or in the rest, and in other months and years now to come, all and singular tithes, bother greater and lesser, mixed and minute, within the parish of the parish church or chapelry of Lowe aforesaid of in or from the said house commonly called ‘Derwyn’ or ‘Banaster Hall’ and the fields and places, closes, farms, estates, grounds, orchards, gardens and lands of the same house or belonging to it in any way and sited and situated within the said parish of Lowe and the bounds and limits and tithable places of the same whatsoever, whenever, howsoever and however often as is aforesaid proceeding, renewing, growing and arising […] from our aforesaid lord king, present rector or appropriator of the said parish church of Lowe aforesaid, or his officer or other who has the right in that respect for a certain annual rent

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 […] and occupies at present, and he was and is the same […] true and indisputable farmer, and as the true farmer of the same […] commonly called, held, had, named and reputed openly, publicly and notoriously […] of the premises; and he propounds jointly and severally and concerning any of these points.

6       Also, that in a parliament of this realm of England at Westminster in the 27^th and 32^nd years of the reign of Henry the eighth of happy recollection [and] memory which, in the years of the reign of our said lord king at the present time, Edward the sixth, in the second and third years held and celebrated among many other very beneficial statutes and ordinances in corroboration of the payment of all and singular tithes, offerings and church rights it was and is prudently enacted and established that all and singular tithes, both personal and real and predial and other lesser mixed and minute, and offerings and church rights whatsoever should be handed over and paid to the rector, appropriator, vicar or their farmer of the same church or parish where these tithes or ecclesiastical produce come forth and arise in the same manner and form and in their specific type just as in this parish for forty years immediately they should by law have continuously paid and provided before the passing of the said statutes or acts of parliament or any of them as is more fully contained and made clear in these statutes, to which this propounding party refers as far as is expedient to him and not otherwise or in any other way; and he propounds jointly and severally and concerning any of these points.

7          Also, that in a statute of the parliament of this realm of England held and celebrated at Westminster in second and third years of our said lord king at the present time, it was and is prudently ordained, enacted and established in the following words by the following authority namely ‘that euery of the kynges subiectes shall frome hensforth truly iustly without Fraude or gyle devyde sett owte yelde & pay all manner of ther prediall tyethes in ther proper kyndes as they rise & happen in such manner & forme as hath byn of right yeilded & paid within forty yeres befor the makyng of this acte or of right or custome ought to haue byne paied And that noo manner of person shall frome hensforth take or cary awaye any such or like tiethes which haue bene yelded & paid within the said fortye yeres or of right ought to haue byne paied in the place or places tithable of the same before he haue iustly devyded and’

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[…]
[…] ‘for the same tythes which the parson vicar […] proprietary or Fermor of the same tithes vnder the payn of […] or treble valewe of the tithes so taken or caried awaye’; and this was and is true, public, notorious and manifest; and he propounds jointly and severally and concerning any of these points.

8.          Also, that the aforesaid Lawrence Banastre, layman, who had or has nothing of right in the said parish church of Lowe aforesaid or the tithes belonging and appertaining to the same in any way, knowing well enough of all and singular premises and notwithstanding the same, but against them and as a fraud both against the aforesaid statute or act of parliament and the other premises to the grave danger of his soul and to no small loss and grievance of the said Thomas Langton, knight, farmer aforesaid no tithes or tenth part of ten calves, in English ‘of tenne calves’, twenty lambs in English ‘of twenty lambes’, 40 fleeces in English of fortie fleces of woole’, of one hundred piglets in English ‘of one hundreth pygges’ and of one hundred goslings in English ‘of one hundreth of yonge gese’ nourished, reared, renewed and grazing of and from his cows, sheep, pigs and geese within the said manor called ‘derwyn’ or ‘banaster hall’ and the lands and places belonging to the same and coming or arising within the bounds, limits and tithable places of the said parish of Lowe parish in the months of April, May, June, July, August, September, October, November, December, January, February and March in the years of our Lord one thousand five hundred and 43^rd, 44^th, 45^th, 46^th, 47^th, 48^th, 49^th and fiftieth, or in any of those months and years whatsoever, in one or the rest, and belonging and appertaining to the said farmer by right and in the name of the said parish church of Lowe and ought to belong and appertain in the said moths and years whatsoever, in one or the rest, he did not set them out in kind nor pay them to the said farmer or at least compound for them with the same but subtracted, took and kept them, or at least ordered and caused them to be subtracted, taken and kept and he approves and approved and likewise accepted the subtraction, taking and keeping done in his name; and this propounding party submits and libels of whatever other

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[…]
of these fleeces of wool, piglets and goslings […] of so great a number of what kind and amount will come to be declared and proved by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

9          Also, that the true value or valuation of each tithable calf, lamb, fleece of wool, piglet and gosling whatsoever subtracted, taken and not paid as is thus aforesaid by the aforesaid Lawrence Banastre in the months and years aforesaid or in any of the months and years whatsoever to the amount or value as here following in English, namely ‘euery tieth calf to the somme of eight shillynges sterling euery tieth Lambe to the some or valewe of iij^s sterling euery tieth flece of wooll to the some or valewe of xiiijd sterling euery tieth pigge to the sum or valewe of vjd sterling euery tieth goose to the some of iiijd’ and this propounding party submits and libels of whatever other greater, intermediate or lesser sum or value down to the sum or value of 4d for each of the premises whatever, and of such and so great a sum of what kind and amount as notoriously extended or extends in the common estimation of men will come to be declared or proved more plainly by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

10.      Also, that the said Lawrence Banastre in the months of April, May, June, July, August, September, October, November, December, January, February and March in the years of our Lord one thousand five hundred and 43^rd, 44^th, 45^th, 46^th, 47^th, 48^th, 49^th and fiftieth, or in any of those months and years whatsoever, in one or the rest, tithes or the tenth part of five hundred bundles or bales of hemp, in English ‘fyve hundreth beetes of hempe’ and five hundred bundles or bales of flax, in English ‘fyve hundreth beetes of lyne or flaxe’ to, from and in the lands, estates and places belonging and appertaining to the manor called ‘Derwyn’ or ‘Banaster Hall’ and within the said parish of Lowe, and the bounds and limits and [tithable] places

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[…]
[…] he did not set them out in kind or pay them to the said farmer or duly compound for them but wrongfully subtracted, took and kept them, or at least ordered and caused them to be subtracted, taken and kept and he approves and approved and likewise accepted the subtraction, taking and keeping done in his name; and this propounding party submits and libels of whatever other greater, intermediate or lesser number of ‘beetes’ of hemp and ‘beetes’ of linen, in English ‘of Hempe and flaxe’ of what sort and amount what kind and amount as will come to be declared and proved by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

11.       Also, that the true value or valuation of the tithes or tenth part of each hundred bundles of hemp, in English ‘of euery hundreth beetes of hempe’ whatsoever not set out in kind but wrongfully subtracted, taken and not paid as is thus aforesaid by the aforesaid Lawrence Banastre in the months and years aforesaid or in any of the months and years whatsoever in one or the rest  to the amount or value of 6d of good and lawful money of England, of each hundred bundles of flax in the same months and years or in any of them similarly by the same Lawrence Banastre not set forth but wrongfully subtracted, had and taken to the sum or value of 6d sterling, and this propounding party submits and libels of whatever other greater, intermediate or lesser sum or value down to the sum or value of 2d, and of such and so great a sum of what kind and amount as notoriously extended or extends in the common estimation of men will come to be declared and proved more plainly by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

12        Also, that the oft-mentioned Lawrence Banastre in the months and years aforesaid, or in any of those months and years whatever, in one or the rest, tithes or the tenth part of vegetables, namely of onions, leeks and garlic, in English ‘of onyons leekes & garlicke’ and also tithes or the tenth part of two hundred bushels of apples and pears, in English ‘of two hundreth busshelles

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[…]
appertaining and belonging […] to the said parish of Lowe […] coming and arising [within the] limits and tithable place of the same parish in any year […] aforesaid appertaining and belonging and which ought to belong and appertain to the said farmer by right and in the name of the said parish he did not set them out in kind or duly compound with the said farmer for them but wrongly subtracted, took and kept them, or at least ordered and caused them to be thus subtracted, taken and kept and he approves and approved and likewise accepted the subtraction, taking and keeping done in his name; and this propounding party submits and libels of whatever other greater, intermediate or lesser number of bushels of apples and pears whatever in any year of the years aforesaid down to the number of ten bushels of these apples and pears and of such and so great a sum of what kind and amount as will come to be proved more plainly by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

13        Also, that the true value or valuation of the tithes or tenth part of each bushel of apples and pears and of the tithes or tenth part of the onions, leeks and garlic whatsoever not set out in kind but wrongfully subtracted, taken and retained as is thus aforesaid by the aforesaid Lawrence Banastre in the months and years aforesaid or in any of the months and years whatsoever in one or the rest to the amount or value as in the English words following namely ‘the tieth of euery busshell of such Apples & peres to the some of iiijd sterling
and the tieth or tennth parte of the said onyons leekes & garlike euery of the said yeres to the somme or value of xijd sterling’, and this propounding party submits and libels of whatever other greater, intermediate or lesser sum or value of each bushel of the said apples and pears down to the sum or value of 4d, and also of such and so great a sum of what kind and amount as notoriously extended or extends in the common estimation of men will come to be declared and proved more plainly by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

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14        […]
[…] and converted to his own uses to the amount or value of thirty nine pounds 17s 8d of good and lawful money of England and this propounding party submits and libels of whatever other intermediate or lesser sum or value down to the sum or value of £4 4d, and of such and so great a sum of what kind and amount as notoriously extended or extends in the common estimation of men will come to be declared and proved more plainly by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

15.       Also, that three times the loss of the tithes aforesaid unjustly subtracted by the said Lawrence Banastre as is thus aforesaid to the sum or value of ninety two pounds 12s and this propounding party submits and libels of whatever other intermediate or lesser sum down to the sum of £12 12d, and also of such and so great a sum of what kind and amount as notoriously extended or extends in the common estimation of men will come to be proved more plainly by lawful proofs in the outcome of this suit; and he propounds jointly and severally and concerning any of these points.

16.       Also, that the said Lawrence Banastre has been and was suitably and lawfully requested and asked often or at least once to pay, give and deliver to the aforesaid Thomas Langton, knight, farmer aforesaid or his deputy all and singular the tithes aforesaid by him in the years and months aforesaid as is thus aforesaid not set out in kind but wrongly subtracted, taken, had and not paid or otherwise duly to compound with the same farmer for the same tithes, and lawfully; and he propounds jointly and severally and concerning any of these points.

17        Also, that the aforesaid Lawrence Banastre, as thus aforesaid asked and requested to do as in the premises or in any of them, has declined and refused or at least delayed and delays to the grave danger of his soul and the pernicious example of other Christian faithful and to no small prejudice and grievance of the said farmer; and he propounds jointly and severally and concerning any of these points.

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[18]      […]

19        Also, that complaint on the part and behalf of the aforesaid farmer it is lawfully made to you, lord judge, of and concerning all and singular the premises; and he propounds jointly and severally and concerning any of these points.

20        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 at present circulating regarding and concerning the same. Whereupon, due proof being made, as required by law in this behalf, the party of the said Thomas Langton, knight, farmer aforesaid, prays that right and justice may be done and administered to him with effect in all and singular the premises, and anything whatsoever concerning them and the said Lawrence Banastre is condemned in the lawful costs incurred and to be incurred in this respect on the part of the said Thomas Langton, knight, farmer aforesaid and that he, Lawrence Banastre, is obliged and compelled to due payment of the same by your passing your definitive sentence or your final decree in that behalf, lord judge aforesaid; the party of the mentioned Thomas Langton, knight, 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; and the party of the said farmer prays that it this cause may proceed summarily and plainly, without clamour and the normal forms of procedure, just as in some costly arrangements and often decreed in that respect; humbly imploring your office in this regard, distinguished Judge aforesaid.

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[Endorsement]

[The endorsement is illegible apart from the date year]

1550

[in pencil in a different hand]

/1

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

Translation copyright ©2025 P J Cox All Rights Reserved