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In the name of God, Amen; in a certain pretended cause of subtraction of tithes, which is disputed and pending undecided before you, the right reverend father in God, William, by divine permission lord bishop of Chester, or your vicar general in spirituals and official principal of your Chester consistory court, between William Farington, esquire, farmer of the rectory of Blackburn, of Chester diocese and of your jurisdiction, pretended party plaintiff and complainant, on the one part and Robert Ratcliffe of the said parish and diocese, pretended defending party and defendant, on the other part. The party of the said Robert Ratcliffe, to all consequence of law following therefrom against the said William Farington, esquire, farmer aforesaid, and against any other person whomsoever lawfully intervening before you in judgement for the same, and also against a certain pretended libel, such as it is, given and offered, although invalidly, on behalf of the said William, and his whole claim in the same says, alleges and in these writings propounds in law in articles as follows;

Firstly, the party of the said Robert Ratcliffe, in excepting, propounds against the said pretended libel given and offered as thus aforesaid on behalf of the said William Farington, esquire, farmer aforesaid, that, from matters set forth and narrated or the contained in this pretended libel he clearly cannot or should not help himself or obtain any advantage for himself following therefrom in any way inasmuch as the said farmer in his libel is acting against this proponent and defendant for tithes of oats, barley and hay as is contained in the second, third, fourth and the rest of the articles of the libel since these tithes should be paid neither by law nor by custom to the said farmer of Blackburn in the manner and form sought

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in the said libel nor did  the predecessors or precursors of the farmer aforesaid ever have or receive these tithes of oats or hay, thus unjustly sought, nor has the current farmer had or taken nor ought to have or should take them, as is sought in the articles of his libel, since for the space of 80 years and from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men the reasonable custom, inviolably observed, uninterrupted, prescribed and approved has grown up  that every tenant whomsoever of the messuage or tenement which the said Robert Ratcliffe occupies at present  lying within the parish aforesaid during his time should pay or cause to be paid each year to the farmer aforesaid and to his predecessors for all tithes of grain and hay a certain sum of money which amounted to 2s 8d, which certain sum each and every one of the predecessors of the farmer aforesaid had, took and approved in their time, and also the farmer aforesaid had, took and approved from his farm aforesaid in whatever manner he acquired it, as in the event of this suit will become manifestly clear and appear by lawful proofs; and he propounds jointly, severally and of every part thereof etc..

Each and every part of which is true, public, notorious, manifest, famous etc..

Wherefore, the proof lawfully required in this behalf having been made, the party of the said Robert Ratcliffe prays that right and justice may be done and administered to him in all and singular the premises and anything whatsoever concerning them, and that he, Robert Ratcliffe, is absolved and dismissed from further petition and unjust vexation by the said William Farington, esquire, farmer aforesaid; and that he, William Farington, farmer aforesaid, is condemned in the lawful costs incurred and to be incurred on the part of the said Robert Ratcliffe in that behalf etc.;

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always reserving the benefit of law in all things, humbly imploring your office etc., and this party propounding asserts of adding and amending this material at an agreeable and suitable time and place etc..

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[Endorsement]

Exceptive material on behalf of Robert Ratcliffe against the pretended libel of William Farington, esquire, in a cause 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

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In the name of God, Amen; in a certain pretended cause of subtraction of tithes, which is disputed and pending undecided before you, the right reverend father in God, William, by divine permission lord bishop of Chester, or your vicar general in spirituals and official principal of your Chester  consistory court, between William Farington, esquire, farmer of the rectory of Blackburn, of Chester diocese and jurisdiction, pretended party plaintiff and complainant, on the one part and Thomas Ireland, senior, pretended defending party and defendant, on the other part. The party of the said Thomas Ireland, senior, to all consequence of law following therefrom against the said William Farington, farmer aforesaid, and against any other person whomsoever lawfully intervening before you in judgement for the same, and also against a certain pretended libel, somehow, although invalidly, given and offered, on behalf of the said William Farington aforesaid, and his whole claim in the same says, alleges and in these writings propounds in law in articles as follows;

Firstly, the party of the said Thomas Ireland, senior, in excepting, propounds against the said pretended libel given and offered as is thus aforesaid on behalf of the said William Farington, farmer aforesaid, that from matters set forth and narrated or contained in this his libel cannot or should not help himself or obtain any advantage for himself following therefrom in any way inasmuch as the said farmer is acting against this proponent and defendant for tithes of oats, barley and hay as is contained in 2, 3, 4 and the rest of the articles of the libel since these tithes should be paid neither by law nor by custom to the said farmer in the manner and form sought in the said libel nor did the predecessors or precursors of the farmer aforesaid

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ever have or receive these tithes of oats, barley and hay, thus unjustly sought, nor has the current farmer there had or taken nor ought to have or should take them, as is sought in the articles of his libel, since for the space of 80 years and from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men the reasonable custom, inviolably observed, uninterrupted, prescribed and approved has grown up  that every tenant whomsoever of the messuage or tenement called ‘Rodeiate’ lying within the parish during his time should pay or cause to be paid each year to the farmer aforesaid and to his predecessors for all tithes of grain and hay a certain sum of money which amounted to 2s 4d, and also to pay for all accustomed tithes, as is aforesaid, when he mows and sows namely ‘in the demayne landes of bauderston[1] for everye aker of ground viijd’ which certain sum each and every one of the predecessors of the farmer aforesaid had, took and approved in their time, and also the current farmer there had, took and approved from his farm aforesaid in whatever manner he acquired it, as in the event of this suit will appear by lawful proofs; and he propounds jointly, severally and of every part thereof.         

Each and every part of which is true, public, notorious, manifest, famous etc..

Whereupon, due proof being made as required by law in this regard, the party of the said Thomas Ireland, senior, prays that right and justice may be done and administered to him etc., and that he, Thomas, is absolved and dismissed from further petition and unjust vexation by the said William Farington, farmer aforesaid; and that he, William Farington, is condemned in the lawful costs incurred and to be incurred on the part of the said Thomas Ireland; always reserving the benefit of law in all things, humbly imploring your office etc., and this party asserts the right of adding and amending this material at an agreeable and suitable time and place etc..

[1] Balderstone or Balderston, a township in the parish of Blackburn.

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[Endorsement]

[…] Ireland, senior, against the pretended libel of William Farington, esquire, in a cause 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