Ref: EDC 5/1566/14

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[1566/14 image 1]

In the name of God, Amen: the merits and circumstances of a certain cause of subtraction of tithes which was recently disputed, is still disputed and is pending undecided before us having been heard, seen and understood and fully investigated by us, Robert Leche, Master of Arts and bachelor of laws, commissary general of the right reverend father in God, William, by divine permission lord bishop of Chester, and lawfully deputed official principal of his consistory court, rightly and lawfully proceeding, between the venerable William Charlton, rector of Bangor, the party plaintiff and complainant on the one part, and Richard Bate, of the same parish of Bangor of Chester diocese and of our jurisdiction, the defendant and party complained of on the other part; and the aforesaid parties appearing sufficiently and lawfully before us, namely, the party of the said rector by William Man, Master of Arts, his lawfully appointed proctor according to the acts of the court, while the party of the said Richard was appearing for himself and in person; with the party of the said rector praying that sentence is passed and justice may be done to him, the party of the said Richard Bate also earnestly praying that justice may be done to him.

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

Forasmuch as we know and clearly find by the acts enacted, brought, alleged, confessed and proved had and done in the said cause that the party of the said rector of Bangor, has sufficiently and fully established and equally proved his claim in a certain libel of his judicially given and offered in the said cause (the tenor of which certain libel follows and is thus; In the name of God, Amen: before you, William, by divine permission bishop of Chester etc., which libel we will have here read and inserted) and that nothing effectual has been or is brought, excepted, alleged or proved on behalf of the said Richard Bate which could destroy or in any way weaken the claim of the said rector.

Therefore we, Robert Leche, official aforesaid, having first called upon the name of Christ, and setting God alone before our eyes, and from and with the advice of the learned in the law with whom we have consulted in a timely manner in this cause, decree and declare that the same Richard Bate will be condemned in the tithes aforesaid, libellate as is thus aforesaid, and taken, had, subtracted and not paid by him, if they are still in existence, otherwise in their true value, which we calculate in the sum of twenty-seven shillings of lawful money of England; and we condemn him, Richard Bate, in the said tithes subtracted and in the lawful costs incurred and to be incurred on the part of the said rector in this behalf  by this our definitive sentence or this our final decree which we pass and publish in these writings. Moreover, reserving taxation of these costs to us in all matters, and we do reserve it.

This sentence was read and issued by the judge aforesaid the chapter house of Chester cathedral on the twenty-first day of the month of November in the year of our Lord 1566, being then present there, Master Robert Hebblethwaite, Hugh Dodd, clerk, Thomas Strete, literate man etc. witnesses etc..

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[5/1566/14 image 2]

[Endorsement]

Sentence of the venerable William Charlton, rector of Bangor, against Richard Bate in a cause of subtraction of tithes, exhibited in the year of our Lord 1566.

[in pencil in a different hand]

Bangor

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

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