Ref: EDC 5/7/2
Catalogue Entry:
EDC 5/7/2 Order by King’s Commissioners appointing ‘reevers’ for repair etc of Macclesfield Church. At Ludlow, 26 Sep. 1546 (formerly /1/9)
Summary:
James Browster, mayor of Macclesfield, and Raphe Heley, Johannes Ryle, Roger Rowe
Geoffrey Johnson, and Thomas Jackson, six of the burgesses of Macclesfield, against Richard Sutton and Roger Downes
This is a judgement in the above suit and is probably a ruling by the Council in the Marches of Wales because it was given at Ludlow and reference is made to ‘this Cownsell’. The suit concerns ownership of some timber which the defendants had possibly cut down and appropriated.
The ownership of the disputed timber depended upon the ownership of the land upon which it was growing, and this judgement ruled that the land belonged to Macclesfield chapelry. The ruling lays down detailed arrangements for future management of the chapelry and its possessions, presumably for the avoidance of future conflict. The chapelry was part of the parish of Prestbury but had clearly developed considerable autonomy.
Prestbury parish was owned by the monastery of St Werburgh prior to its surrender in January 1540 and it seems that uncertainty about the position of Macclesfield chapelry followed the sale of the parish and this was clarified by this ruling, including who had the right to appoint the curate.
It is not a ruling by the consistory court.
Year
1546
Type of Cause:
Cause Papers:
Original Document
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Translation
Transcript
[5/7/2 image 1]
Apud Ludlowe xxvjto die Septembris
Anno regni Regis Henrici octavi xxxviijo
At which daie James Browster Maior of Macclesfield, Raphe Heley, Johannes Ryle, Roger Rowe
[Geof]frey Johnson, Thomas Jackson vj of the playantiefes being Burgesses of Macc[lesfield]
foresaid for themselves & all other the Burgesses theire plaintiffs, and Rychard Sutton [and]
Roger Downes esquyers defendants appeared before the Kinges Commissioners, by whome […]
deliberate examinacion, hearinge, & debatinge of the matters in these bookes mencioned, yt [is]
ordered, that at the next maiores Court to be holden at Macclesfeld and from
thensforthe yearelye at the said Court daie, fower Reeves to be elected or chosen, towe
for the Towne of Macclesfeld, and other two for the parisshe, that ys to s[aie]
Sutton, Wynkle, Rainowe, Hurdesfeld, Pott, Shrigley, Lyme in Hanley & K[erridge]
which shall have the ouersight of the Reparacion of the Churche, and the Levy […]
[…] of the Rents, […] , buryalls, bequests, & proffetts belonginge or geveyn [or]
hearafter to be geven to the same Church or Servyce within specified / And for the
Imployinge and bestowinge of the same, And for the safe keepinge of the Jewells
belonginge to the said Churche, that the said Reeves shall from tyme to ty[me in]
the yeare make a dewe accompte before the maior, Burgesses, and parisshioners afo[resaid]
of the Receipts, as of the bestowinge of the same, : And the same fower Reeves to be
[cho]sen and appoynted yearelye in forme followinge, that ys to saie, that the maior for
the tyme beinge & the Coburgesses of the said Towne of Macclesfeld to elect [and]
choose two of the said Reeves for the Towne, and oher two Reeves to be elected and
chosen by the parishioners. And yt ys further ordered that the maior & Burgesses, at all
tymes from hensforth shall have the nominacion & appoyntment of a sufficient & and an [able]
[prest], whom they shall thinke meete to celebrate and serue in the said Churche […]
Servyse within specyfied. And that the maior nowe beinge at the next maiors […]
there to be holden, shall call before him and other the Burgesses theire, […]
Original Document
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Translation
Transcript
[5/7/2 image 2]
[…] all other persons of the said parishe , which hould anie of the Churche Landes […]
[g]oodes or Jewells in theire hands or possession, to accompte and recconinge, so that […]
[…] knowen in whose custodye & possession the same rentes & Stock doeth remay[ne …]
[…] intent, that the same maie be ymployed by the maior and Reeves for the tyme […]
[…] for the mayntenaunce of goddes servyce and Reparacion of the said Churche. And
[…] same maior vppon Accompt & Recconing by him taken, to enter the same into a book
[a]nd the same book to be sende to this Cownsell by the said Reeves or by one of them, So th[…]
[…] maie be, by this Cownsell seene, and therevppon sende agayne : to the said maior & Reeve[s]
[…] that the maior and Reeves which shall heareafter happen to be elected & chosen next ensew[ing …]
the date of this order, shall once in the yeare duringe the space of fyve yeares b[…]
[…] sende to this Cownsell, theire book of Accompt, Receipts, & Recconinge before & […]
[…] and therevppon sende agayne. And furthermore for asmuch as […]
[… H]ughe Byrron nowe in this Cort present hath confessed the having of the evyde[nce]
[…] deedes concerning the Landes belonging to the Servyse within specyfyed who […]
[…] Cownsell at this tyme hath sworne vppon a book to make trewe delivera[nce]
[…] same evydences. Item yt ys therefore further ordered that the same y[…]
[…] fifteene dayes next after the date of this order shall deliuer the said evydences […]
[…] and euerye peece of the same to maior Burgesses & parisshioners nowe being […]
[…] them putt into a sure casket of three Lockes. And the maior for the tyme being
[to k]epe one of the kayes. And the Reeves to keepe one other key. And one such appon […]
shalbe appoynted by the maior Burgesses and parisshioners to keepe the thirde key, and
[…] the said Hughe at the deliuerance of the said evydences shall declare & showe to the […]
maior & Burgesses yf he knowe anye of the evydences belonginge to the said Church to be
[i]n anye other mens handes, and what the same evydences bee, & in whose Custodye, and
[…] suche tymber trees as ys nowe fallen and Cut downe vppon the […]
Original Document
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Translation
Transcript
[5/7/2 image 3]
grownde by the said defendantes or by eyther of them. Yt is also ordered that […]
tymber or trees shalbe deliuered to the said maior and Reeves to the intent the same […]
converted and Imployed to the vse & reparacion of the said Churche. And […]
further ordered, that in case the said Servyse or Churche hearafter […]
to fall in decay for lacke of Substans to maynteyne the same, That […]
shalbe Layed by the maior & Reeves Burgesses & parishioners amonge the sel[…]
to tyme as neede shall require, for the mayntenaunce & uphouldinge of […]
and Servyce. And also yt ys ordered that the defendantes […]
theire comming home, shall deliuer to the playntieffs the key of the Chapp[el …]
ornamentes of the same without deley Provyded allways & yt ys […]
ordered that the defendentes nor eyther of them shall not meddle heare[after …]
anie doers in the Choosinge the Reeves, nor in appoyntinge of the pr[iest …]
receyve anie the Rentes or proffyttes belonginge or dewe to the […]
or Servyse, nor meddle with Churchelandes Stocke or goods […]
of the Reeves, nevertheles not doubtinge but that the same def[endants …]
parisshioners will from tyme to tyme be Contributoryes & beare & […]
ratable porcions towards the mayntenaunce of the said Churche […]
& Reparacion of the same accordinge to theire degrees, as they be […]
& not otherways to meddle.
Original Document
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Translation
Transcript
[5/7/2 image 4]
Endorsement
[in pencil in a different hand]
1546 Sep. 26
1546 Sep 26. Macclesfield
Order by the Kings Commres
Appmt of Minister
Reparation of Church
Custody of Jewells
etc etc
/2
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2023 P J Cox All Rights Reserved