Ref: EDC 5/3/2

Click to view fullscreen

[5/3/2 image 1]

In the name of God, Amen; in a certain pretended cause of subtraction of tithes, which is disputed and depending undecided before you, venerable Master George Wilmesley, Bachelor of Laws, vicar general in spirituals and lawfully supported official principal for deciding ecclesiastical causes within the diocese of Chester of his consistory by the authority of our most illustrious prince in Christ and our lord Henry the Eighth, by the grace of God king of England, France and Ireland, defender of the faith, and on earth supreme head under Christ of the English and Irish church […] bishop by the same authority;  or your commissary or any other judge whomsoever competent in this behalf; between the venerable Sir Richard Brereton, knight, pretended plaintiff and complaining party on the one part and the distinguished Thomas Valentine, gentleman, defendant and party complained of, on the other part, in the term judicially assigned to him for speaking and excepting against the persons, statements and depositions of certain pretended witnesses invalidly produced upon […] and the articles of a certain pretended libel on behalf of the said venerable Sir Richard Brereton, knight; the party of the said Thomas Valentine, against all and singular the same pretended witnesses, and their persons, statements and the pretended depositions of the same, says, alleges and in these writings propounds, excepting, jointly and severally as follows:

1          Firstly, the party of Thomas Valentine, in excepting, propounds against James Crompton, the first pretended witness, that his testimony is null, false and invalid and for the whole and entire time of his production, admission and oath-swearing he has been and was a useless, inept and unsuitable witness and to be prohibited, excluded and rejected from testimony in this respect inasmuch as the said James is a tenant and servant of the said Richard Brereton, knight, and of his livery and profits and emoluments namely, the collected, received and acquired the tithes both mixed and minute and real, predial and personal within the parish of Deane and in any parts of the same parish, to the use and profit of the said Sir Richard Brereton; and he is a supporter and promoter of the said pretended suit; and he maintains and keeps in his house a certain […] Brereton, son of the said Sir Richard begotten from an illegitimate union, and he is unreliable […] and changeable and not in agreement with his fellow-witnesses as clearly appears in his pretended depositions and statements, to which this party refers so far as is necessary to him and not otherwise or in any other way.

2          Also, this party, in excepting, propounds against Ralph Heyton, the second pretended witness, that his testimony is null, false and invalid and he is to be prohibited, excluded and rejected from testimony in this respect inasmuch as for the whole and entire time of his production, admission and oath-swearing he has been and was, just as he still is, principal supporter, sustainer, friend and prosecutor of this pretended cause of the said Sir Richard Brereton, knight, not only in this pretended cause but also in a certain other pretended cause which the said venerable knight before you against William Hulton of Farnworth, esquire, Thomas Lee, Hugh Forster and Peter Bradshaw; and […] Ralph Heyton occupies and holds certain lands and tenements in the parish of Deane by concession, rental and demise of the said Richard Brereton […] and the said Ralph Heyton dwells, sleeps and stays in his mother’s house and occupies and holds certain of her lands and has converted […]  to his own benefit and so lives with and under his mother for his board and lodging and support as will become clear and appear by lawful proofs; and this party refers as before.

3          Also, in excepting, this party propounds against John Carison, the third pretended witness, that his testimony is null, false and invalid and he is to be prohibited, excluded and rejected from testimony in this respect inasmuch as for the whole and entire time of his production, admission and oath-swearing he has been and was, just as he still is, principal supporter and friend of the party producing him, and he is a stranger and outsider in this […] Eccles because he is of the parish or chapelry of Shocklach in the county of Chester; and he has effectually deposed nothing of his own certain knowledge […] from hearsay and the reports of others, nor of the name or position of this pretended close called ‘heefeld’ or ‘Barnerfeld’ within […] of Eccles because such a close does not […] within the township of Eccles, as is suggested or supposed in the said pretended libel, […] conflicting, unique and singular, as is clearly evident from his pretended depositions and statements, to which this party refers himself as far as is necessary to him and not otherwise.

Click to view fullscreen

[5/3/2 image 2] 

4          Also, in the case that the said Thomas Valentine received, took and had certain tithes of  wheat from a certain close of his and converted and applied them to his own use (but not from a certain close called ‘heefeld’ or ‘Branefeld’ as in the said […] libel is alleged) which this party expressly does not admit but denies, however the aforesaid Thomas tithed […] in heaps, ‘hattockes’[1] […] and after he tithed them he applied and […] them to his own use by concession, rental, gift and demise of the […] Richard Brereton, knight, for the true and faithful service done and rendered to the aforesaid Richard and his salary, as was fair, permissible and just to him as will become clear and clearly appear by lawful and sufficient proofs.

5          Also, that all and singular the said pretended witnesses are singular, conflicting and in no way in agreement, lying, incited, coached and instructed how and what they should depose in the said pretended cause, and clearly appears in their pretended depositions and statements; to which this excepting party refers so far as is necessary to him, and wishes to have here inserted, and not otherwise or in any other way, and he propounds […] and concerning any part thereof.

6          Also, that all and singular the premises were and are true, public, notorious, evident and famous and public voice and fame were, just as they are at present, are circulating of and upon the same in the parish of Eccles and other surrounding parishes, townships and places.

Whereupon, due proof being made as required in this regard, the party of the said Thomas Valentine, gentleman, all and singular these said […] coached, instructed, presumptuous, hired, pretended witnesses and their statements and depositions are decreed, pronounced and declared to be null and void, by reason that they are thoroughly lacking in all proof […]; and that he, Thomas Valentyne, is to be […] and  absolved from the petition and presumptuous vexation of the same Richard Brereton, knight, aforesaid, together with the lawful expenses incurred in this respect, and he protests those to be incurred, and that this pretended cause will be dismissed to the royal court by you and your passing definitive sentence in this respect, lord judge aforesaid. The party of the aforesaid Thomas Valentine propounds the premises and prays that they may be done jointly and severally, not binding himself to proving all and singular the premises, 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 so far as is necessary for a complement of justice.

[1] hattock = a group of sheaves of corn, placed upright with two sheaves placed over them to keep off the rain (OED online).

Click to view fullscreen

[5/3/2 image 3] 

[Endorsement] 

Exceptions Valentine against Richard Brereton, knight, in a cause of subtraction of tithes.

1542

[in pencil in a different hand]

/2

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

Translation copyright ©2022 P J Cox All Rights Reserved