1530 Lawsuit versus the Abbot of Whalley

Background to the Case :

Robert Crombleholme [Cro0011] was the parson of the parish of Ribchester from 1507 and he resigned in 1527 being about 75 years old. He had been ordained in 1470 (see Early Clerics) and thus had a very long clerical career of some 57 years.

He died intestate before Easter in the following year 1528. He left his administrators Richard Crombleholme [Cro0013] and Thomas Walmesley with a dispute to resolve. This was over a "pension" that he had negotiated upon his resignation with his superior the Abbot of Whalley. As this involved a large sum for the time, (£500 - worth about £100,000 in 2020), they undertook a perhaps rather bold step of taking the locally important Abbot John Paslew to court. It is not known how Richard Crombleholme [0013] (c1500 - 1576) was related to Robert C [0011] - he may well have been a nephew.

Between 1530 and 1533 the Abbot of Whalley (John Paslew) and his officials took some seven cases of refusal to pay tithes or disputed church lands and three mortuary cases to the court of the Archdeacon of Chester in addition to those that they tried in their own court. There thus appeared to be some alienation from the local community perhaps not helped by the large expenditures on the Abbey during this period.

The Abbot John Paslew (c1464-1537) was 66 years old when this case was brought against him. He had become the Abbot of Whalley in August 1507 in the same year as Robert Crombleholme [Cro0011] had became the parson of Ribchester Church.

The Abbot was liable as surety for William Clayton, the succeeding Rector and alleged that the covenants had been fulfilled.

Prior to this in 1520, the King had granted the next presentation to John Veysey (Bishop of Exeter) and Sir Edward Belknap; (Duchy of Lanc. Misc. Bks. xxii, 229 d.)

On Crombleholme's [Cro0011] resignation (in 1527) the bishop, as surviving trustee, presented one Thomas Brerewood, and complained that William Clayton unjustly hindered his obtaining possession; (Pal of Lanc.Plea R.142,m.2 d.)

The new rector held various benefices and dignities, including Windermere, Doncaster and Bromfield Churches, and canonries at Lichfield and York. (Source : (D. Can. Law, 1528; Foster, Alumni Oxon.) Neve, Fasti, i, 627; iii, 193; L. and P. Hen. VIII, v, 608, 700).

He died 14th October 1532, and it appears that Edmund Bonner was recommended as his successor at Ribchester. A letter from Clayton to Cromwell is at the P.R.O.; (ibid, iv, 2248.)

(Source for Bond of Debt below : From Lanc Rec Soc Vol 32 : Pleadings & Depositions in the Duchy Court of Lancaster Pt 1. (Vol v. Calendar 7; C3. 22 Hen VIII [1530-1])

1530 - IN THE DUCHY COURT

Richard Crombelholme and Thomas Walmesley, Adminstrators of Robert Crombleholme, late Parson of Ribchester, VERSUS

The Abbot of Whalley,

re: Bond for Debt.

To the Right Worshepfull Ser William fytz William, Knyght, Chauncelor of the Duchie of Lancaster.

" In moste humbley wise" shew to your Mastership your orators Richarde Crombleholme [Cro0013] and Thomas Walmesley, adminstrators of the goods and chattels of Robert Crombelholme,[Cro0011] Clerk, parson of the Parish Church of Rybchester, in the county of Lancaster, deceased, that whereas the said Robert was possessed of a writing obligatory wherein John, Abbot of Our Blessed Lady of Whalley, "upon grete and specyall Consyderacons" stood bound to the said Robert in the sum of £500, to be paid at certain days now past. The said Robert Crombelholme [Cro0011] died intestate, after whose death the administration of all his goods was committed to your orators by the Archdeacon of Richmond, by reason whereof they were lawfully possessed of the said writing.

Afterwards the said Abbot, intending to deceive plaintiffs about the payment of the said money, sent for them in Passion week, 19 Henry VIII (1528), and asked them to bring with them the said bond. This they accordingly did on Good-Friday, trusting to have had a "goode ende" concerning the said obligation, "Incontynent" after they were come thither the said Abbot required the "seyght" of the said writing, promising to return it to them immediately after perusing it without any "Impeyryng or denyer" thereof, and your orators "dowtyng nor mistrustyng noo dyscette to be done to them, concyderyng that he was and is a Relygous person and also of grete dygnyte and behavyor", suffered him to take the same into his hands, whereon he at once left them and took the said obligation into his chamber in the said Monastery. The said Richard Crombelholme [Cro0013] said to him " My lord Abbot will ye take ower obligacon from us after this Maner," and he said "yor obligacon shalbe sure ynogh for you mystruste ye nothyng therin."

Furthermore your orators complain that where William Claton, clerk, by his indenture made between himself of the one part, and Robert Crombelholme,[Cro0011] clerk, of the other part, "whose" date is the 1st of May 18 Henry (1526). agrees that before the feast of St Michael the Archangel then next following , he would make a lease to Richard Crombelholme [Cro0013] of all the tithes and grains of the town of Dutton, in the parish of Rybchester, he yielding therefore yearly to the said William Claton 5 marks at the said feast;

And also that the said William should make another lease to Thomas Walmesley of all the tithe corn between Chesterbroke and Notbroke, in Rybchester, he yielding yearly for the same 25s at the said feast : for the performance of which said leases the said Abbot, by his obligation, stands bound to execute the same, but they are still unperformed.

Plaintiffs cannot commence any suit against the said Abbot, as they have not the said writing in their hands, but they have caused one Roger Shyrborne, Esq, on their behalf to require the said Abbot to deliver to them the said obligation or else to seal the said leases, but he still refuses to do either, whereby a great part of the debts of the said Robert Crombelholme [Cro0011] remain unpaid, and are likely to remain so unless a remedy be provided. And forasmuch as plaintiffs are very poor men , and the said Abbot is a man of very great power, lands, and substance, they pray for the King's Letters of Privy Seal to be directed against the said Abbot.

Termino Michis A' rr H. viij. xxij.

C.3a - Writ dated 4th July, 22 Henry VIII (1530), directed to Sir Alexander Radclyff, Knight, and Sir Alexander Osbaldeston, Knight, commanding them, as complaint has been made by Richard Crombilholme [Cro0013] and Thomas Walmesley against the said Abbot of Whalley, to call the said Abbot before them and take his answer, and also to examine him upon certain interrogatories hereunto annexed.

C.3b - The answer of John, Abbot of Whalley, to the bill of complaint of Richard Crombolholme [Cro0013] and Thomas Walmesley.

Defendant says that the said Robert Crombolholme,[Cro0011] the late parson of Ryblechester, at the special desire of the said William Clayton, and upon a certain pension agreed upon between them, resigned the said parsonage of Ryblechester into the hands of the ordinary of the same place : and for the true payment of the said pension the said Abbot, at the request of William Clayton, was bound in an obligation of £500 to the said Robert Crombolholme [Cro0011]. The said pension was truly paid to the said Robert [Cro0011] during his life by the said William, and yet, this notwithstanding, the said Robert and the said plaintiffs have kept the said obligation from the said Abbot.

Defendant denies that he sent for plaintiffs and took from them the said bond.

Further, the said Abbot declares that "well and trew yt ys" that he was bound in the sum of £40 to the said Robert Crombolholme, [Cro0011] the said William Clayton should perform certain agreements made between the said Robert and William.

After the death of the said Robert,[Cro0011] the said William Clayton and plaintiffs met at the said Monastery of Whalley, and several indentures of lease of certain tithes within the said parish of Ryblechester were then made, but before the sealing thereof the said William made the said plaintiffs his proctors [collectors of alms] for the whole of the said parish, whereupon they were well content and agreed that the said indentures should be no further executed or sealed, in proof whereof the said pliantiffs in " presence and oppyn audience of diverse and sounde personez oppenly puplyshed and sayde that they had lever have the sayde parson Clayton's promysse by worde of mowthe then hys wrytyng". The said Abbot then desired redelivery of his said obligation of £40, which plaintiffs of their "owne good myndes and free wyll" gave up to him, whereupon he put the same "furthe of the way" as was lawful for him to do.

Within a certain time after the said agreement made at Whalley, the said William Clayton and plaintiffs, for divers causes to the said defendant unknown, "felle in variaunce," and then Roger Shyrborne came to the said Abbot and desired to have redelivery of the said obligation of £40 to the use of the plaintiffs, which he refused.

C.3.c - The answer of John, Abbot of Whalley , to the Interrogatories of the "Partye" of Richard Crombleholme [Cro0013] and other.

1) Whether plaintiffs were at Whalley in Passion Week, or not, he cannot remember.

Defendant was bound to Robert Crombolholme [Cro0011] in the sum of £40 and no more, that William Clayton, now parson of Ryblechester (Ribchester), should perform divers covenants made between the said William and Robert.

2) The said plaintiffs never shewed any obligation to him in consideration of any promise made to them to be performed on his behalf.

3) Plaintiffs, of their free will, delivered to him the said obligation of £40, which he then carried away to his chamber.

4,5) If any such words were used to the said Abbot as is alledged, they were spoken "by way of pastyme and merry coication" (conversation), and not in order to have the said bond redelivered.

6,7,8) A long time afterwards variance and debate commenced between the said Clayton and plaintiffs (as above), & c.

9,10) Defendant does not know of any indentures made and delivered by the said plaintiffs to him.

11) The said Abbot says he is of the age of 60 years and more but not of the age of 70 years.

12) In June last past defendant was so "crased and dyseased that he cowth nott labor to London after the coien Jornayng of laboryng men, withowte greate payne, dysease of his Bodye and Jeopardye of hys lyf."

C.3.d - To the Right Hon. Sir Wm Fytzwilliam, Kt, Chancellor of the Duchie of Lanc.

"The Certificat of Sir Alex Radclyff and Sir Alex Osbaldston, Knyghtes.

"The sayde Sir Alexander and Sir Alexander certifiyth unto yor honorable Maistershippes that according to the Kynge's heaghest comaundement to vs directed at Whalley, in the Countie of Lancastre, the vj th (6th) day of Septembre, in the xxij th yere of the Reigne of owre sovereyn Lorde Kynge Henry the viij th (1530), wee have called the said Abbot of Whalley before us, and then and ther not onely takyn his vnswar opon his boke othe, bvt also examyned hym of suche interrogatoryes as were directed vnto vs whiche vnswer and also examinacon we send vnto yor honorable maistershippez hereunto annexed" Alex. Radclyff, K.

Alex. Osbaldeston, K.

C.3.e - The replication of Richard Crombolholme [Cro0013] and Thomas Walmesley to the answer of John, Abbot of Our Blessed Lady of Whalley.

Plaintiffs say that everything contained in their said bill is true.

They also declare that the said obligation of £500 was not made only for the sure payment of the said pension, but also for the performance of divers agreements on the part of the said William Clayton, to be kept, as by a deed indented dated 1st May Henry VIII (1526), more fully appears.

Plaintiffs contradict the statements made by defendant. (end)

(Source : Lanc Record Soc Pub No 32 - Pleadings & Depositions in the Duchy Court of Lancaster Part 1 page 201-205 - Volume V. Calendar 7 C.3 - 22 Hen VIII [1530-1531])

Conclusion :

It is therefore presumed that the case was unsuccessful as neither side could prove their statements.

Research so far has failed to find any further reference to the outcome. It is understood that there were separate Orders published that announced the rulings on cases. Many have not survived and therefore we may never know the outcome. The Abbot of Whalley features in many cases in these records and it has to be wondered whether he was deceitful and not very honest ? He landed up by getting hanged due to him being implicated in the Pilgrimage of Grace. (see below)

Below : The remains of the Abbey site (photos RC 2012)

1464 : John Paslew was born near to Whalley Abbey in Wiswall Hall, (see below) his family's home for several generations. He entered the Abbey as a novice on 21st September 1487. The following year, he went to Oxford where he gained a degree of Bachelor of Divinity. He appears to have remained in the Oxford area for some ten years afterwards.

1507 - 7th August : John Paslew returned to Whalley where he was elected Abbot aged 43. He lived more like a nobleman than an Abbot, travelling widely and being very generous when entertaining guests.

He started a major building programme including enlarging the Abbot's Lodging House and adding a Lady Chapel. By 1520, he was spending some £500 on food, drink and entertainment for him and his guests. A journey that he made to London cost £26 5s.

1536 : He was implicated with others in the Pilgrimage of Grace and an associated local rebellion. He was charged with Treason at Lancaster Castle on 9th March 1537 and having pleaded guilty was hanged the next day at Lancaster. Two other monks from Whalley suffered a similar fate. It is said that the remains of Paslew's body were brought back to Whalley and displayed in a gibbet at Little Imps field. It is not certain where he was buried.

Later in same month, the Lord Lieutenant of Lancashire, Robert Radcliffe (Earl of Sussex) was made responsible for pacifying the county. In April 1537, he moved into the the Abbot’s lodgings and drew up an extensive inventory of the Abbey's property. One of the King’s surveyors, Richard Pollard came to Whalley to supervise the letting out of the abbey’s lands in small units to local people now as tenants of the Crown. See Dutton family year 1544 onwards for more details

The monks of Whalley Abbey were cast out without any pensions in 1537 largely due to the Abbot's involvement in the Pilgrimage of Grace. An antiquarion source describes how the brethen clung to their ruinous building "like a few surviving bees about a suffocated hive" (Source : English Heritage on line "Dissolution of the Monastries" - they give no source of the above quote !

Wiswell Hall

This building was near Whalley contained Paslew's private chapel. Whalley Church now has the font from this chapel in the rear of the nave. A carved figure of Paslew in prayer is built in over a nearby roadside cottage.

The above information on Wiswell Hall has been taken p84 of John Dixon's The Forest of Bowland (Ribchester & Hurst Green + Ribble Valley & Pendleside) edition. (Aussteiger Publications)

There is also a further interesting account on this page : ........ "Vicarage House, the first one notices on entering the village from Whalley, is a good example of local architecture and contains within its fabric an older 16th century dwelling. During the 17th century the house belonged to Crombrocks (Crombleholme) family of Catholic yeoman stock. During those dark times, given its secluded position became a place for secret worship and a number of hiding holes can be found in the house. The family remained Catholic until Dorothea Crombrocks , the last of the family line, turned Protestant when she married the vicar of Whalley in 1665 hence the house present name "The Old Vicarage" . " To be checked

See Crombocke family section

1537 : Richard Crombelholme [Cro 0013] Plaintiff in 1530 against the Abbot of Whalley & probably the same Richard who in 1537 is described as "of the paryshe of Stidde" and who opposed with others the claims of Richard Townley to the lordship of Dutton.

John Townley disputed with Richard Crombleholme [Cro 0013] and others the title to certain lands in Dutton and Ribchester and particularly a piece called Candinghurst (?).

1544 / 5 : Richard Crombleholme [Cro 0013] acquired lands from the crown. (See Dutton family)

Whalley Abbey Documents :

(to be checked)

Other important administrative manuscripts, most notably the Coucher book (a record of deeds, charters, donations, and annual expenditure begun in 1347) and the Act Book of the Ecclesiastical Court for 1510-38, are also known to have passed into private hands following the suppression of the abbey.

The Coucher book, an octavo volume of 749 pages, closely written on vellum, is known to have been owned in 1649 by Sir Ralph Assheton, the then owner of Whalley Abbey, whose great-grandfather Ralph (d. 1587) had inherited the estate from his uncle Richard Assheton (d. 1572), the original purchaser (along with John Braddyll) of the abbey's properties and land: (Source : V.C.H. Lanes., II, p. 131; Coucher book, I, p. iii.)

Some of the original deeds from which the Coucher book were compiled are preserved in the British Library Harleian collection. Many of these items seem to have been collected by the antiquary Thomas Talbot, whose papers are preserved in the Harleian, Cottonian, and Lansdowne collections.

In the Act book of the Ecclesiastical Court of Whalley, 1510-1538, ed. Alice M. Cooke (Source : C.S. new ser. XLIV, 1901). Alice Cooke speculates that the original manuscript, now in the library of Stonyhurst College, may have been acquired by Sir Richard Shireburn of Stonyhurst.

Other surviving manuscripts from Whalley Abbey are detailed in Seymour De Ricci and W. J. Wilson, Census of medieval and renaissance manuscripts in the United States and Canada (3 vols, New York, 1935-40); and Supplement, ed. C. U. Faye and W. H. Bond (New York, 1962), items 658, 1045, 1869. V.C.H. Lanes., II, p. 139, notes B.L. MS. 10374, 'Liber Loci Benedicti cle Whalley',

A miscellaneous register extending from 1296 to 1346. (Ibid., II, p. 131,) records that other Whalley Abbey documents, not included in the coucher book, were transcribed by Christopher Towneley (d. 1674) into another volume, then owned by William Farrar, who also possessed the original accounts of the abbey bursars for the years 1485-1506 and 1509-37. (Source : The Book of Hours of the Braddyll family of Whalley Abbey (university of Leeds - Brotherton MS 15 - by Michael G Brennan)

For the earlier history of the Crombleholme family as clerics in Ribchester please refer to the Early Clerics section.

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