Church Courts

The following extracts are from the University of York's Cause Papers in the Diocesan Courts of the Archbishopric of York, 1300-1858. This online database was consulted, and the following references to Ellerton were found:


Reference Case Date Participants
CP.F.89 Violation of church rights (abduction of nun) 1424-1426 Giles, prior of the Priory of Ellerton on Spalding Moor
CP.F.221 Appeals (tuitorial appeal, tithes) 1441-1441 The prior and convent of Ellerton, as appropriators of the church of Ellerton and the chapel at East Cottingwith
CP.F.331 Defamation (theft) 1442-1442 Thomas Herst, plaintiff; Thomas Cooper, defendant. Places: Aughton and Ellerton.
CP.G.1061 Tithe (hay) 1562-1563 William Kirkby, farmer of tithes in Ellerton Priory, plaintiff; William Stainforth, defendant. Witnesses of Ellerton: John Parkin, wheelwright, 44; Hugh Sawers, carpenter, 26; John Sutton, labourer, 34.
CP.G.1072 Tithe (hay) 1562-1562 William Kirkby, plaintiff; William Stainforth, defendant. Witnesses of Ellerton: Robert Hardy, smith, 72; Nicholas Forster, labourer, 46.
CP.G.1477 Tithe (hay) 1569-1570 Hugh Bethel, gent, farmer of tithes in Ellerton Priory, plaintiff; Gawin Tomlinson, defendent. Witnesses of Ellerton: John Dewar, servingman, 78; John Blanchard, husbandman, 56; Henry Taylor, husbandman, 53; Richard Killingham, yeoman, 63.
CP.G.1472 Tithe (hay) 1569-1570 Hugh Bethel, gent, farmer of tithes in Ellerton Priory, plaintiff; Nicholas Hazelwood, defendant. Witnesses of Ellerton: John Dewar, servingman, 78; John Blanchard, husbandman, 56; Henry Taylor, husbandman, 53; Richard Killingham, yeoman, 63.
CP.G.1453 Tithe (hay) 1569-1570 Hugh Bethel, gent, farmer of tithes in Ellerton Priory, plaintiff; Robert Harpham, defendent. Witnesses of Ellerton: John Driver, servingman, 68; John Blanchard, husbandman, 56; Henry Taylor, husbandman, 53; Richard Killingham, yeoman, 63.
CP.G.2615 Tithe (sheep, wool, hemp) 1591-1591 Edward Goodyear, plaintiff; John Bateman, defendent. Witnesses of Ellerton: Henry Kirkstall, husbandman, 76; John Dewar, weaver, 32;
CP.G.2852 Matrimonial (annulment - adultery) 1594-1594 John Aske, armiger, of Aughton, plaintiff; Christiana Aske, wife of John Aske, daughter of Thomas Fairfax, defendent. Witnesses of Ellerton: Charles Burgh, joiner, 33.
CP.H.155B Defamation (character) 1603-1605 Elizabeth Bethel, wife of William Bethel, gentleman, plaintiff; Mary Hindesley, wife of John Hindesley, defendent. Places mentioned: Aughton, Ellerton.
CP.H.155A Defamation (character) 1603-1604 Elizabeth Bethel, wife of William Bethel, gentleman, plaintiff; Mary Hindesley, wife of John Hindesley, defendent. Witness: Elizabeth Young, wife of George Young of Ellerton, 24.
CP.H.1244 Tithe (rye, barley, oats, hay) 1616-1616 George Butler, esq., farmer of all and singular the tithes of corn, hay, wool, and lambs within the chapelry, manor and lordship of Ellerton, plaintiff; Anthony Chambers, defendent.
CP.H.1180 Tithe (wheat, rye, oats, hay) 1616-1616 George Butler, esq., farmer of all and singular the tithes of grain, hay, wool, and lambs within the chapelry, manor and lordship of Ellerton, plaintiff; Thomas Snawdell, defendent.
CP.H.5884 Undefined (indenture only) 1652-1652 Matthew Frankland, gent. George Butler, esq., of Ellerton.
CP.H.5530 Matrimonial (restitution of conjugal rights) 1665-1665 Christabel Bethel, wife of Walter Bethel, plaintiff; Walter Bethel of Ellerton, armiger, defendent.
CP.H.2568 Appeals (Matrimonial: restitution of conjugal rights) 1666-1666 Walter Bethel of Ellerton, armiger, plaintiff; Christabel Rogers, defendent.
CP.H.4345 Violation of church rights (assessment) 1693-1694 George Hailey, churchwarden of Bubwith, plaintiff; Richard Corney, churchwarden of Bubwith, plaintiff; Thomas Dunnington, defendent. Witness: Andrew Morel, farmer of Ellerton, 24.
CP.I.2582 Matrimonial (separation from bed and board) 1796-1797 Ralph Dundas, Major General in his Majesty's Army of Elton, husband of Diana Dundas, defendant. Witnesses of Ellerton: Suzannah Levet, John Levet, gardener, 56; Ann Trenholm, servant, 39.
CP.I.2584 Defamation (sexual slander) 1796-1796 Elizabeth Cocksworth, wife of John Cocksworth, farmer, plaintiff; George Rowntree, miller of Ellerton, defendent. Witnesses of Ellerton: David Tough, bricklayer, 56; Philip Shaw, shoemaker, 37.
CONS.CP.1810/8 Defamation (sexual slander) 1810-1810 Elizabeth Selby, wife of Richard Selby of Ellerton, Cordwainer, plaintiff; Sarah Paul, wife of Samuel Paul, farmer, of Ellerton. Witnesses of Ellerton: Mary Robinson, spinster, servant, 30; Mary Hopkinson, spinster, servant, 18; John Brown, miller, 26.
TEST.CP.1830/9 Testamentary (disputed value of goods; disputed administration) 1830-1830 Robert Brown, gent of Ellerton, testator; Robert Richardson, executor.


Tithe disputes can be particularly informative, as often the deponents (witnesses) to a case relate how they came by their local knowledge, and commonly give a precis of their entire life. 


Take the following case from the above index as an example: 


CP.G.1453 Tithe (hay): 


AD. 1569/70 

Hugh Bethell, as farmer, contra Robt. Herpham for tithe hay of the Abbey Ings of Ellerton. The file presents little of an individual character; the main interest is in the Incidental details given by the witnesses about themselves. 


[The Attestations] 


Willm. Blackburne [of Eastcottingwith husbandman, aged 50] ... ... this examinate dwellinge and continuinge in the layte abbaye and monasterye of Ellerton by the space of xvi yeres nexte and immediatlye before the dissolucion therof and at the tyme of the dissolucion thereof sence which tyme he dwelt and continued in East Cottingwythe and yet doithe whyche is distante frome the layte dissolved monastary about halfe a myle doithe verye well knowe the Abbaye Inges libellate ... abuttinge nexte unto a playce callid Pickerynge Ings . . . ... [for the last sixteen years the rent of every acre in the Abbey Ings was 3s. and the tithe hay 4d, in money. The Ings were of ten acres, and were let out in acre lots or thereabouts]. 


Joh. Blansharde [of Ellerton husbandman, aged 56] ... ... beinge borne in the towne of Ellerton and dwellinge in the same frome the tyme of his birthe for the space of one yeare then nexte folowinge his birthe and flitted frome thence to Pocklington where he dwelte untill wythin viii yeres next before the dissolucion of the abbye in wych towne of Ellerton he continued for the same viii yeares and then came to dwell where he remayned in the towne of North Duffield for the space of xxtie yeares then nexte folowinge endid aboute v yeares sence whyche Northe Duffield is distante frome Ellerton aboute a myelle and a halfe and for thies v yeares laste he hayth dwelte and yett doithe in the towne of Ellerton ... immediatlye folowinge the dissolucion of the abbaye viz. within one yeare nexte after the same was one of the tenauntes that had to ferme ii acres of the grounde called Abbaye Inge and had the same for ii yeares together ... 


Joh. Driver [of Ellerton servingman, aged 78] ... ... dwellinge and continuinge in the towme and parishe of Ellerton ... and so haythe done durynge all the space of thies iii score and x yeres laste paste and yet dothe and dwellinge in the abbaye or monasterye of Ellerton the space of xx yeares togither nexte before the dissolucion thereof ... [he is worth in debtless goods 40s. ... he is the domestic servant of Mr. Robt. Aske and has yearly of the gift of Mr. Robt. Aske 6s. for the payment of his farm which he holds of our Lady the Queen and also has of the gift of the said Mr. Robert Aske his Master ii kye gresse yearlye] ... 


Robte. Riche [of Lethome in Awghton, husbandman, aged 52 ... has lived in Awghton for twenty years after his birth and since then in Lethome ... is worth in debtless goods 5 marks ... he is the tenant of Mr. Robt. Aske and his farm is called the Grange of Lethome and the rent of the same farm yearly extends to the sum of 32s. 6d.]. 


Printed in: Select 16th Century Causes in Tithe from York Diocesan Registry, YASRS 114, pages 114-115