AALT images for the Hicke case:

Prohibition of Thomas Hicke

[parties]

Yorkshire. George Savile gentleman and Frances his wife and William Foster farmer of the rectory of Kirkby Moorside in the abovesaid county were attached to answer both to the lord king and to Thomas Hicke of the parish of Kirkby Moorside abovesaid in the abovesaid county yeoman concerning a plea why they prosecuted a plea against that Thomas in court Christian against the prohibition of the said lord king etc. And wherefore that Thomas by James Boys his attorney complains that,

[priory of Newborough was seised of the land]

whereas the late prior of the lately dissolved monastery of Newborough in Yorkshire was seised of one messuage and five bovates of land with appurtenances in Kirkby Moorside in the abovesaid county of Yorkshire in his demesne as of fee in right of his late monastery abovesaid,

[possession of the land by the late prior and surrender to the king at the dissolution]

and that late prior and all his predecessor priors of the same late monastery for the time being from time whereof the memory of man runs not to the contrary until the time of the dissolution or suppression of the same late monastery as well as at the time of the dissolution or the suppression of the same had, held, occupied, possessed, used, retained, and enjoyed the same tenements with appurtenances in every way exonerated and acquitted of all and all manner tithes whatsoever, and the abovesaid late prior being seized of the abovesaid tenements with appurtenances in his demesne as of fee in right of his late monastery abovesaid in the form abovesaid that late prior on January 22 in the thirtieth year of the reign of the said Henry VIII late king of England at the abovesaid late monastery with consent of the convent of the same late monastery by a certain writing sealed with the common seal of the same late prior and the convent bearing the date on the same day and year enrolled of record in due mode in the court of chancery of the same now king then being at Westminster in Middlesex gave, granted, and rendered up to the aforementioned late king both the abovesaid late monastery and the abovesaid tenements with appurtenances to have and to hold to the same late king, his heirs and successors in perpetuity,

[statute 31 Henry VIII that retained exemptions from tithes of lands of religious houses after the dissolution]

of which certain gift, grant, surrender and enrollment of the abovesaid by pretext and strength of the same statute edited in the parliament of the abovesaid late king held at Westminster abovesaid in the abovesaid thirty-first year of his reign among other things it was enacted by authority of the same parliament that both the abovesaid late king, his heirs and his successors and all and singular person and persons, his heirs and assigns who then had or thereafter in the future would have any monasteries, abbeys, priories, houses of nuns, colleges, hospitals, houses of brothers or other ecclesiastical houses or places situated around the precincts of them or any of them or any manors, messuages, appropriated rectories, tithes, pensions, portions or hereditaments whatsoever that before the abovesaid act of parliament looked or pertained or that then looked or pertained to the same monasteries, abbeys, priories, houses of nuns, colleges, hospitals, houses of brothers or other religious and ecclesiastical houses or places or any of them had, held, retained, guarded, and enjoyed both the abovesaid rectories, appropriated tithes, pensions and portions and the abovesaid monasteries, abbeys, houses of nuns, colleges, hospitals, houses of brothers and other religious and ecclesiastical houses and places situated around the precincts, manors, messuages, lands, tenements, and others hereditaments whatsoever and of each of them according to their acts and titles exonerated and acquitted of the payment of tithes as freely and in as large and ample mode as the abovesaid late abbots, priors, abbesses, and other ecclesiastical governors and governesses or any of them had, held, occupied, possessed used, retained, and enjoyed the same or any parcel thereof at the days of dissolution, suppression, renunciation, release, forfeiture, surrender or the coming of such manner monasteries, abbeys, priories, colleges, hospitals, houses of brothers mentioned in the abovesaid act or of other religious or ecclesiastical houses or places or any of them to the abovesaid late king, the act or anything contained in the act to the contrary thereof notwithstanding, as it is contained more fully in the same act,

[chain of title from Henry VIII finally to Hicke]

by virtue of which certain act the abovesaid late King Henry VIII had, held and ought to have and hold the abovesaid tenements with appurtenances exonerated and acquitted in the abovesaid form from the payment of all and all manner tithes of whatever kind in as ample mode and form as the abovesaid prior of the abovesaid late dissolved monastery had or enjoyed the same at the time of the dissolution or suppression of that monastery, and, the abovesaid late King Henry VIII being seized of the abovesaid tenements with appurtenances as set out above exonerated of the tithes in the abovesaid form, that late king afterwards at Westminster in Middlesex died seized thereof of such his estate, after whose death the abovesaid tenements with appurtenances descended to the lord Edward VI late king of England as to son and heir of the abovesaid late King Henry VIII, by which that late King Edward VI was seised of the abovesaid tenements with appurtenances in his demesne as of fee in right of his crown of England, and thus being seised thereof that late King Edward VI afterwards at Westminster abovesaid died seised thereof of such estate without heir issuing from his body, after whose death the abovesaid tenements with appurtenances descended to the Lady Mary late Queen of England as to sister and heir of the abovesaid late King Edward VI, whereby the same late queen was seised of the abovesaid tenements with appurtenances in her demesne as of fee in right of her crown of England, and thus being seised thereof the same late queen afterwards at Westminster abovesaid died seised of such her estate thereof being without heir issuing from her body, after whose death the abovesaid tenements with appurtenances descended to the Lady Elizabeth late Queen of England as to sister and heir of the abovesaid late Queen Mary, whereby the same late Queen Elizabeth was seised of the abovesaid tenements with appurtenances in her demesne as of fee in right of her crown of England, and thus being seised thereof, the same late Queen Elizabeth on March 21 in the thirty-second year of her reign at Westminster abovesaid by her letters patent which that Thomas Hicke proffers here in court sealed under her great seal of England, the date of which is at Westminster abovesaid on the same day and year, gave and granted to a certain Arthur Swayne and Henry Best the abovesaid tenements with appurtenances to have and to hold to the same Arthur and Henry and their heirs in perpetuity, by pretext of which letters patent the same Arthur and Henry were seised of the abovesaid tenements with appurtenances in their demesne as of fee, and thus being seised thereof the same Arthur and Henry afterwards to with on May 10 in the abovesaid thirty-second year of the reign of the said late queen at Kirkby Moorside abovesaid by their certain indenture made between the abovesaid Arthur and Henry by the names Arthur Swayne of London gentleman and Henry Best citizen and scrivener of London on one part and the same Thomas Hicke by the name of Thomas Hicke of Kirkby Moorside yeoman from the other part and afterwards and within six months then next following enrolled of record in the court of Chancery of the said late Queen Elizabeth at Westminster in Middlesex according to the form of the statute in such manner case edited and provided in due mode, the other part of which sealed with the seal of the abovesaid Arthur and Henry that Thomas here in court proffers, the date of which is the same day and year, and in consideration of a certain sum of money paid to the same Arthur and Henry by the same Thomas they bargained and sold to the same Thomas Hicke the abovesaid tenements with appurtenances to have and to hold to him and his heirs in perpetuity, by pretext of which bargain and sale and enrollment abovesaid that Thomas was and still is seised thereof in his demesne as of fee,

          [exemption from tithes reinforced by statute 2 Edward VI]

and by virtue of the abovesaid act he was supposed to and ought to have, hold, and enjoy the same tenements with appurtenances acquitted and exonerated from the payment of all and all manner tithes whatsoever, and whereas also in the statute edited in the abovesaid parliament of the late King Edward VI held at Westminster above on November 4 in the second year of his reign among other things it was enacted by the authority of the same parliament that no person should sue or constrain to render, give or pay any tithes for any manors, lands, tenements, or hereditaments that by the laws and statutes of this realm of England or by any privileges or prescription were not able to be burdened with the payment of any such tithes or which were exonerated by any real composition as more fully appears by the same act among other things,

[nevertheless defendants sued for tithes in court Christian]

and whereas also the abovesaid tenements with appurtenances from time whereof the memory of man runs not to the contrary were not by the laws and statutes of this realm of England or by any privileges or prescription able to be burdened or burdened by or with the payment of any tithes as has been said above, nevertheless George Savile and Frances and William Foster not ignorant of the premises scheming and intending against the due form of law of this realm of England and against the form of the statute and custom abovesaid unduly to injure, oppress, and fatigue that Thomas Hicke and to draw the cognizance of pleas that pertain to the court of the said now lord king in this part to other examination in court Christian drew into a plea that Thomas Hicke in court Christian before the venerable men John Gibson and John Bennett doctors of laws [?] legitimately deputed officals of the consistory court of York or their deputies or other competent judge in this part whatever of and for the subtraction of tithes of wheat, rye, barley, oats, beans, and peas growing, renewing or touching on the abovesaid tenements with appurtenances in the year of the Lord 1602 and of and for subtraction of tithes of barley scattered and not bound and of hay scattered and not bound, in English of the rakinges of barley and oats, growing, renewing, issuing, and touching on the abovesaid tenements with appurtenances as well as of and for the subtraction of tithes of coppice-wood being under the age or growth of twenty years growing, issuing, touching and cut on the abovesaid tenements with appurtenances by slyly and craftily libeling against the same Thomas Hicke in the same court Christian that that Thomas in the year1602 abovesaid in the months of June, July, August, September, and October and of the same months and of one and of each one by him and his had and took and converted into his uses 200 stacks of wheat, 200 stacks of rye, 300 stacks of barley, 300 stacks of oats, and 300 stacks or measures of beans and peas, there being twelve sheaves in each stack, within the said parish of Kirkby Moorside and within the boundaries, limits and tithable places of the same growing, issuing, and touching, and also that that Thomas Hicke in the year of the Lord and the respective months abovesaid and of each one or any of the months of the abovesaid year by himself and his had, took, and converted into his own proper uses 500 stacks of barley scattered and not bound and another 500 stacks of oats scattered and not bound, in English of the rakings of barley and otes, growing, issuing, and touching within the said parish of Kirkby Moorside, the boundaries, limits and tithable places of the same parish, as well as that that Thomas in the year of the Lord1602 abovesaid in the months of March, April, May, June, July, August, September, October, November, December, January and February and in each or any of the same months of the abovesaid year by him and his had, took, and converted into his uses a hundred wagon-loads of coppice-wood being under the age or growth of twenty years growing, issuing, touching or cut within the said parish of Kirkby Moorside and the boundaries, limits, and tithable places of the same parish and that the common estimation of men in the said parish of Kirkby Moorside and other neighboring places being that each stack of the abovesaid wheat notoriously extended and extends at 4s, each stack of the abovesaid rye at 3s4d, each stack of the abovesaid barley at 2s6d, each stack of the abovesaid oats at 20d, each stack of the abovesaid beans and peas at 2s6d, each stack of barley scattered and not bound at 4d, each stack of oats scattered and not bound at 4d, and each cart-load of the abovesaid coppice-wood at 6s8d of the lawful money of England in the abovesaid year of the Lord and respective months, and they constrained that Thomas to appear in the abovesaid court Christian before the aforementioned spiritual judge and to answer the same George, Frances, and William of and on the premises less justly,

[the spiritual court judge refused to accept Hicke’s allegations]

and although that Thomas in the abovesaid court Christian before the aforementioned spiritual judge pleaded against the same George, Frances, and William all and singular the premises in his exoneration of the payments of the abovesaid tithes sought by the abovesaid George, Frances, and William in the abovesaid court Christian and offered to prove them by inevitable truth, nevertheless that spiritual judge completely refused to admit or receive that plea, allegation, and proof and the abovesaid George, Frances, and William try mightily and daily schemed that that Thomas be condemned of and on the premises by definitive sentence of the said court Christian and to compel him to pay the tithes sought in the same court Christian, in contempt of the said now lord king and the damage, prejudice, impoverishment and manifest oppression of that Thomas and against the form of the statute and custom abovesaid,

[Hicke obtained and delivered his prohibition to defendants, who did not desist]

and although that Thomas on December 20 in the first year of the lord king now at Kirkby Moorside abovesaid delivered the said lord king’s writ of prohibition to the contrary thereof delivered to the aforementioned George, Frances, and William, the same George, Frances, and William did not cease from prosecuting their plea further but prosecuted that plea further in the abovesaid court Christian, the said lord king’s abovesaid writ of prohibition directed to them to the contrary in anything notwithstanding, in contempt of the said now lord king and the damage of that Thomas and against the abovesaid prohibition, whereof he says that he is worse off and has damages to the value of 100 pounds, and thereof he produces suit etc.

[joinder of issue on continuing after receiving the prohibition]

And the abovesaid George Saville, Frances, and William by John Denton their attorney comes and defend force and injury when etc., and all contempt and whatever etc. And they say that they did not prosecute the abovesaid plea against that Thomas Hicke in the abovesaid court Christian after the prohibition of the said lord king delivered to them thereof as the abovesaid Thomas who etc by his abovesaid writ and count above supposes, and they put themselves on the countryside. And the abovesaid Thomas who etc., similarly.

[defendants’ petition for writ of consultation based on lack of exemption from tithes prior to the dissolution and the subtraction of tithes due from Hicke]

But for having the said lord king’s writ of consultation in this part, the same George, Frances, and William say that they at the times of the subtractions of the abovesaid tithes specified in the abovesaid count were and still are the farmers of the rectory of Kirkby Moorside abovesaid and that all and singular farmers of the abovesaid rectory for the time being from time whereof the memory of man runs not to the contrary have had and received from the proprietors or occupiers of the abovesaid tenements with appurtenances tithes of wheat, rye, barley, oats, beans, and peas growing issuing, renewing or touching on the tenements abovesaid with appurtenances in any way annually and tithes of barley scattered and not bound and of oats scattered and not bound, in English of the rakings of barley and oates, growing, renewing, issuing and touching on the abovesaid tenements with appurtenances, as well as the tithes of coppice-wood being under the age or growth of twenty years in any way growing, issuing, touching, or cut on the abovesaid tenements with appurtenances annually in their own proper kinds and species, and because the abovesaid Thomas being proprietor of the abovesaid tenements with appurtenances subtracted from the same George, Frances, and William the abovesaid tithes of wheat, rye, barley, oats, beans, and peas growing, renewing, issuing, and touching on the abovesaid tenements with appurtenances in the year 1602 abovesaid and the tithes of barley scattered and not bound and of oats scattered and not bound, in English of the rakinges of barley and oates, growing, renewing, issuing, and touching on the abovesaid tenements with appurtenances in the same year, as well as the tithes of coppice-wood being under the age or growth of twenty years growing, issuing, touching, or cut on the abovesaid tenements with appurtenances in the abovesaid year, the same George, Frances, and William drew that Thomas into a plea in the abovesaid court Christian before the aforementioned spiritual judge of and for the subtraction and non-payment of the abovesaid tithes of wheat, rye, barley, oats, beans, and peas growing, renewing, issuing and touching on the abovesaid tenements with appurtenances in the year of the Lord 1602 abovesaid and of and for the subtraction and non-payment of the abovesaid tithes of barley scattered and not bound and of oats scattered and not bound, in English of the rakinges of barley and oates, growing, renewing, issuing, and touching on the abovesaid tenements in the year abovesaid, as well as of and for the subtraction and non-payment of the abovesaid tithes of coppice-wood being under the age or growth of twenty years growing, issuing, touching or cut on the abovesaid tenements with appurtenances in the abovesaid year before the said lord king’s prohibition to the contrary thereof directed and delivered to them, as well they might, without this that the abovesaid prior of the lately dissolved monastery of Newborough and all his predecessors the priors of the same late monastery for the time being from time whereof the memory of man runs not to the contrary until the time of the dissolution or suppression of the same late monastery as well as at the time of the dissolution or suppression of the same had, held, occupied, possessed used, retained and enjoyed the same tenements with appurtenances in any way exonerated or acquitted from the payment of all and all manner tithes whatsoever as the abovesaid Thomas who etc., by his abovesaid count supposes. And this they are ready to verify, wherefore they seek judgment and the said lord king’s writ of consultation to be granted to them in this part etc.

[joinder of second issue on exemption of tithes prior to the dissolution]

And the abovesaid Thomas Hicke says that by anything alleged above by the abovesaid George, Frances and William the said lord king’s writ of consultation ought not to be granted to the aforementioned George, Frances, and William in this part, because, as before, he says that the abovesaid late prior of the abovesaid lately dissolved monastery of Newborough and all his predecessors priors of the same late monastery for the time being from time whereof memory of man runs not to the contrary until the time of the dissolution or suppression of the same late monastery as well as at the time of the dissolution or suppression of the same had, held, occupied, possessed, used, retained, and enjoyed the same tenements with appurtenances exonerated and acquitted in whatsoever way of payment of all and all manner tithes whatsoever as that Thomas above alleged. And he seeks that this be inquired by the countryside. And the abovesaid George, Frances, and William similarly. Therefore as to the trying both of that issue and the abovesaid other issue joined between the parties abovesaid, it is ordered to the sheriff that he make to come here at the third week of Holy Trinity twelve etc., by whom etc., and who neither etc., to recognize etc., because both etc.

[verdict for the defendants on proceeding to prosecute after the prohibition was delivered; verdict for Hicke on the exemption from tithes; judgment in accord with the verdict]

Afterwards, process having continued between the abovesaid parties concerning the abovesaid plea by juries put in respite thereof between them here until this day, to wit, at the quindenes of Easter then next following unless the justices of the lord king assigned to take the assizes in the abovesaid county by form of the statute etc on Monday in the second week of Lent last past at York castle in the abovesaid county should come before that, and now here at this day comes the abovesaid Thomas Hicke who as etc by his abovesaid attorney and the aforementioned justices at assizes before whom etc., sent this their record in these words: Afterwards at the day and place contained within before James Altham knight a baron of the exchequer of the lord king and Edward Phelipps knight serjeant at law of the same lord king justices of the said lord king assigned to take the assizes in Yorkshire by form of the statute comes both the withinnamed Thomas Hicke who etc., and the withinwritten George Savile gentleman, Frances his wife, and William Foster by their attorneys within contained. And the jurors of the jury mentioned within having been exacted, some of them, viz., John Plowburye (?) gentleman, Matthew Dodsworthe gentleman, and Peter harper (?) come, and they are sworn into that jury, and some of the rest of the jurors of that jury do not appear; therefore the others from those standing around chosen to this by the sheriff withinwritten at the request of the abovesaid Thomas Hicke qui etc., as and by the mandate of the justices abovesaid de novo are appointed, whose names are sewn to the panel withinwritten according to the form of the statute lately edited and provided in such manner case, and the jurors thus de novo appointed exacted, viz., Thomas Frauncke, Hugh Bucke, Robert Davyson, John Lynley, Henry Robinson, Henry Boulton, Simon Freeman, William Hudson, and William Taylor come, who, sworn to tell the truth concerning the within contained matters together with the other abovesaid jurors empaneled and sworn before, elected, tried, and sworn, say on their oath that as to the first withinwritten issue between the aforementioned Thomas Hicke who as etc., and the aforementioned George Savile, Frances, and William Foster joined within that the abovesaid George, Frances, and William did not prosecute a plea against the aforementioned Thomas Hicke in the court Christian withinwritten after the prohibition of the said lord king delivered to them thereof as the same George Savile, Frances, and William Foster within thereof alleged for themselves. And as to the withinwritten second issue within similarly joined between the aforementioned Thomas Hicke who etc and the aforementioned George Savile, Frances, and William Foster, the abovesaid jurors on their oath abovesaid further say that the co-friar late prior in the friary lately dissolved of the monastery of Newborough and all his predecessors priors of the same late monastery for the time being from time whereof the memory of man runs not to the contrary until the time of the dissolution or of the suppression of the same late monastery as well as at the time of the dissolution or suppression of the same had, held, occupied, possessed, used, retained, and enjoyed the withinwritten tenements with appurtenances in whatsoever way exonerated and acquitted of the payment of all and all manner tithes of whatsoever kind in the mode and form as that Thomas Hicke who as etc within by replicating alleged. Therefore it is considered that the abovesaid George Savile, Frances, and William Foster have no writ of consultation in this part, and the abovesaid Thomas Hicke who as etc., concerning the abovesaid tithes sought in the abovesaid court Christian be quit etc. And the abovesaid George Savile, Frances, and William be thereof in mercy etc. And similarly the abovesaid Thomas who etc., be in mercy for his false claim as to the rest of the trespass and contempt abovesaid whereof the same George Savile, Frances, and William have been acquitted by the abovesaid jury. And the abovesaid George Savile, Frances, and William go thereof without day etc.