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Archaeologia Cantiana -  Vol. 134  2014

A History of the Ecclesiastical Courts of the Diocese of Canterbury, 1566-86, based on the
   Cause papers bound within the Volume MS.F.4.12. By Karen Rushton

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Entry 49 f.112 verso - Citation, Tithes  - Transcription and Translation

Editorial Conventions
Each entry that has been selected for transcription is given with its entry number and folio number as well as the type of record and type of case. Directly following each transcription is a full translation of the entry, and the sections of entries that were originally in English are shown in italics in the translation. The transcription follows the original exactly in terms of spelling, punctuation and capitalisation. Also, capitalisation of certain words can be inconsistent or inaccurate but again it has been transcribed without corrections as not to do so would detract from the research value and would be wrongly influencing the record’s interpretation.
   All abbreviated words have been extended with the missing letters included in square brackets. Words and sentences that have been inserted later are indicated by a forward and backward slash to show where it has been inserted. In the same vein words that have been crossed out by the scribe are transcribed with a line running through them to illustrate the mistakes of the scribe and to try and remain true to the original. Where words have been seemingly joined together they are shown separately in the transcription apart from the occasions when the word ‘que’ has been added on the end of words to indicate ‘and’. Letters such as i and j and u, v, and n, which can often be indistinguishable from one another, are transcribed in the form they are written in rather than the letter they are supposed to represent when it is clear.
    In the translation Christian names have been anglicised but all surnames remain as in the original record. Correcting surnames to their modernised forms would not accurately reflect the meaning and is sometimes difficult to do, especially given the inconsistencies in the spelling of surnames, which is in itself a potentially interesting point. Similar to Christian names, all place names appear in the translation in their modern forms.

Bartholomeus Clerke legu[m] doctor Alme Curie
Cantuar[iensis] de Archubus London[ie] officialis, l[egi]time deputatus
univ[er]sis et singulis cl[er]icis et l[itte]ratis quibuscu[m]q[ue] p[er] p[ro]vinciam
Cant[uariensem] ubili[be]t constitut[is], Sal[u]t[e]m, C[or]am nos in quadam
c[aus]a subtractionis deci[m]ar[um] sive alio[rum] iuriu[m] eccl[es]iastico[rum]
que coram nobis inter Jacobum Charles cl[er]icum partem
agen[tem] et querelan[tem] ex una, et Will[elm]imu[m] Forde et Thoma[m]
Cobbe, partem ream et querelat[em] p[ar]tib[us] ex altera vertitur et
pendet indecisis rite et l[egi]time p[ro]ceden[tes], Eosdem Will[elm]imu[m]
Forde et Thoma[m] Cobbe ad p[er]sonal[iter] r[esp]ondend[um] po[s]ic[i]onib[us]
et articulis cuiusdam libelli al[ia]s c[ontra] eos ex p[ar]te et p[er]
p[ar]tem d[i]c[t]i Jacobi Charles in c[aus]a p[re]dicta dat[i] et oblat[i], eo
q[uo]d legationes fuit p[er]sone a quibus veritas in hac p[ar]te
melius erui poterit et inquiri, q[ua]m ab eor[um] p[ro]curatore pro
eisd[em] in h[uius]mo[d]i c[aus]a occupan[s], facta fide de iure in hac p[ar]te
requisit[um], ad diem et locu[m] subscript[um], atq[ue] ad effectu[m]
infra script[us], ad judiciu[m] evocand[um] et citand[um] fore decreverim[us]
iusticia id posten[s], Vobis ig[itu]r con[juncti]m et divi[si]m co[m]mittimus
ac firmiter iniu[n]gend[o] mandamus quat[e]nus citetis seu citari
faciat[is] p[er]emptorie an[ti]dictos Thoma[m] Cobbe et Will[elm]imu[m]
Forde, q[uo]d comp[ar]eant et eor[um] uterq[ue] compareat coram nobis
aut alio d[i]c[t]e Curie judice sive p[re]siden[te] competen[te] quocu[m]q[ue]
in eccl[es]ia p[ar]o[chia]li b[ea]te marie virginis de Archubus London
Sexto die post Citac[i]o[n]em h[uius]mo[d]i eis in hac p[ar]te factam
si iuri[s] dic[tib]us fuerit, Alioquin p[ro]x[ima] die juridico extunc
sequen[te], hora ca[usarum] ib[ide]m consueta, Po[s]ic[i]onib[us] et ar[ticu]lis
libelli p[re]d[i]c[t]i tunc et ib[ide]m personal[iter] r[esp]onsu[m], Ulteriusq[ue]
factus et receptus q[uo]d iustum fuerit in hac p[ar]te,
Et quid in p[re]miss[is] fecerit[is], nos vel judicem sive
p[re]siden[tem] an[ti]dictum quemcu[m]q[ue] competen[tum] dict[is] die et loco
vel citra debite certificet[es] unam p[rese]ntibus, Dat[us]
Sexto die mensis junii, Anno d[omi]ni Mill[es]imo
quingen[ti]mo octogesimo,
Citiati fuerunt p[re]no[m]i[n]ate Will[elm]imus Forde et Thomas
Cobbe p[er]sonali[ter], p[er] Robertu[m] Robyns Civitat[is]
Cantuar[iensis] l[itte]ratum etc xxvio die mensis octobris A[nn]o d[omi]ni
1580, ad comp[ar]end[um] etc,

Bartholemew Clerke, doctor of laws, official of the leading court of Canterbury of the arches in London lawfully appointed, established in any place by all and singular clerks and learned whosoever for the province of Canterbury, greetings. Duly and lawfully proceeding before us in a certain cause of the withdrawing of tithes or of other ecclesiastical rights, which is being considered and is pending undecided before us between James Charles, clerk, plaintiff, and William Forde and Thomas Cobbe, defendants. Demanding for trial the same William Forde and Thomas Cobbe to personally answer for the positions and articles of a certain other petition, given and offered against them from the part and by the part of the said James Charles in aforesaid cause, since from the embassies to be inquired the truth will be better able to be known if he was in person rather than taking them from their proctor for the same in this cause. Sought for a day and time below written to be made faithfully according to the law. And to the effect within these letters to be called and to be summoned to court for us to decide justice. We, therefore, jointly and separately, are committing and by firmly imposing we command that you should summon or make to be summoned peremptorily the aforesaid Thomas Cobbe and William Forde, that they should appear in court and each of them should appear before us or another judge whithersoever presiding or belonging to the said court in the parish church of the Virgin Mary of the Arches London on the sixth day after this citation, if it should have been lawfully made to them in this regard. Otherwise the next lawful day then following at the hours accustomed for the hearing of causes, then and in the same place to personally answer for the positions and articles of the aforesaid libel. And furthermore, made and received that it will have been just in this regard, and which you will have made in the aforesaid things before us or another suitable judge from the said day and place or after by due certificates and presentments.
   Given the sixth day of June, 1580.
   William Forde and Thomas Cobbe were summoned personally by Robert Robyns, learned of the city of Canterbury, etc. 26th of October 1580, to be presented, etc.

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