Roy Price collection
Deanes v Somerscale Regarding Tithes
TNA GDR/B4/3/1342 (not Deaves in TNA record)
Deanes v Somerscale Regarding Tithes 1617
Deaves v Somerscale Regarding Tithes
This is Henry Somerscales son of Robert (the Gainsborough Lawyer ex Settle) and connects to tobacco trade which also has a tiny local relevance
Libel
[ie the originating action; not a defamatory statement, as in the modern sense.]
Deaves against Somerscale in a cause concerning tithes
June 23rd 1619
Before Master John Seman, Ll.D., Vicar General of Miles, Bishop of Gloucester, the distinguished Master John Deaves, against Henry Somerscale, says;
1.First that in Jan, Feb & Mar 1617, and afterwards, John Deaves, clerk, was lawful farmer, conductor or occupier of the small tithes and ecclesiastical emoluments arising in the towns, villages or hamlets of Winchcombe, Gretton and Greet in the diocese of Gloucester.
2.Item that both in common law and by ancient custom the right of receiving the small tithes of the aforesaid places has appertained to the farmers, and thus to the aforenamed John Deaves.
3.Item the occupiers and farmers of the tithes of the aforesaid places, and their predecessors for 10, 20 … 60 years and more, have been in peaceful possession of the tithes of the aforesaid places, and have had and received them. The new farmer for all the periods above [ie in 1.] is John Deaves.
4.Item that the said Henry Somerscale, in the years and months aforesaid, had, took and received the great, middle and small tithes mentioned in the schedule.
5.Item that the said Henry Somerscale is a layman and has no right in the tithes aforesaid, or any part of them. However he had or has, in the years and months aforesaid, diverted them away from the aforesaid John Deaves and to his own use.
Deaves v Somerscale Regarding Tithes
Libel continued
Item that Henry Somerscale, although asked many times before this action was moved, has refused to pay, convey and deliver to the aforenamed John Deaves the tithes diverted and unpaid, or otherwise to compound for them.
Item that Henry Somerscale was and is an inhabitant of Winchcombe in the diocese of Gloucester, and subject to the jurisdiction of this court.
Item that he was and is correctly and lawfully complained of, on behalf of the party of Master John Deaves, to you, the judge, and to this your court.
Item that all and singular the premises are true, and public knowledge, whereupon, the required faith having been given in law, this party seeks right and justice. John Deaves, clerk, in the months and years libelled, was farmer, conductor or occupier of the tithes in question. He seeks that the right, title and interest in them be pronounced and declared his “by right of the Rectory aforesaid” [Note: no specific rectory has previously been identified]. He seeks that Henry Somerscale be declared to have diverted and withheld all the tithes mentioned in the schedule. He seeks that a definitive sentence or final decree be passed condemning him.
Schedule
First that in Jan, Feb & Mar 1617, and afterwards, the said Henry Somerscale did plant and sett within … Winchcombe, Gretton and Greet, within the manor of Cotes there adioyning, or neer unto Winchcombe two acres with Tobacco [which by him or his agents were] disposed of and Cutt and Carried away and Converted to his owne use, every acre of the said Tobacco worth to him … Five hundred poundes, and the teythe according to that rate.
Item that in the months and years mentioned the said Henry Somerscale, by him or his agents, at or neer the towne and village of Winchcombe and Gretton and Greet aforesaid … did likewise sow, plant and sett with tobacco a certayne parcell of ground conteyning two acres late in the tenure of Henry Barkdale [which by him or his agents were] disposed of and Cutt, Carried away and Converted to his owne use, every acre of the said Tobacco worth to him … £500, and the teythe according to that rate.
Item that in the months and years mentioned in the preceding articles the said Henry Somerscale, by him or his agents, at or neer Winchcombe, Gretton and Greet …did likewise sow, sett and plant with tobacco … one other ground inclosed with a stone wall called the Abbey orchard conteyning in quantity three acres [which by him or his agents were] likewise disposed of and Cutt, carried away and converted to his owne use, every acre of the said Tobacco worth to him … £500, and the teythe according to that rate.
And this party puts forward that everything concerning these titheable matters, and the worth or sum of money arising therefrom as a great, middle or small tithe, will be proved by lawful proof and acknowledgements in this action.