Ref: EDC 5/1587/8

Catalogue Entry:

EDC 5/1587/8 HOLT Kathryn Clubb c John Ledsom of Holt for breach of marriage contract, letter from William Oldham.

Summary:

Katherine Clubb contra John Ledsam. This is a letter from William Ledsam of ‘Comen Woodd’ concerning Katherine Clubb of Farndon and John Ledsam the younger of Holt in Denbighshire, his brother, concerning a marriage between John and Katherine.

Year

1587

Type of Cause:

Matrimonial – enforcement of marriage contract

Cause Papers:

Miscellaneous (letter)

Miscellaneous (image 1)

Original Document

Click to view fullscreen

Translation

Transcript

[5/1587/8 image 1]

[…]

betwixt Katheren Clubb, of Farndon in the County
of Cheshyre, Spynster, And John Ledsam, the
younger, of Holt, in the County of Denbygh Joyner
for, touchinge & consyninge (amongst other thinges)
a Contract of Marryaidge, to bene had & made
betwixt the seid Katheren, And the seid John; An[d]
the same lyke to accrewe, & be to the greate
Indempnyte & detryment to <some one of> the seide partyes, for
wante of the trueth, touchinge the same, to be
shewed & explayned therof to the heareres by
some soche person, or persons, as haue (as yet)
the seyd theyre Contract (amongst other thing[es)]
& manner of promysses of theyre marryadge in Rype
remembraunce: Foreasmoch therfore as yt ys no
Lesse then a merytoryousse deedd to be doen
of all persons, in lettinge a trueth in […]
Ambyguyties, & doubtes manyfestly […]
be knowen; And the rather at the parte […]
request & petycion: I haue therefore thought
yt good to lett the seid honerable Cort, & you, &
euery of you to wytte, to whome thees my present
lettres shallbe come to be seen reedd, hard or vnderston-
ded That I Wylliam Ledsam, brother vnto the seyd
John Ledsam, they younger, haue bene in the
place, and haue hard the seid John ledsam, my seid
brothe, promesse faythfully the seid Katheren
Clubb, to marry her, and that vpon the seid his
promesse, that he caused the Curat at two seuerall[1]
tymes to Aske the Bannes of Marryadge betwixt
theym aswell in the parishe Churche of Holt, as
also in the paryshe Churche of Far[n]don & further
that the seid John named the day of Marryadge
caused sixe bushells of Malt (or thereaboutes)
three Bushells of whyette, and all to be grounded
against the seid day of Marryadge And that he
the seid John, dyd dysbursse the Chardges & pay
for the keapinge of his Chylde beinge a wenshe
& being begotten by the seid John by & vpon the boddy
of the seid Katheren: And further I sygnyfye that
the seyd Katheren hath at all tymes hethervnto
lyved in good name, & fame, & in good credyct withall
persons & so contynually withall her neighbors well
knowen to be, reputed, & so taken: Thus moch
haue I thought good of a trueth to signyfye, as  I
and <so> wyll <be> ready at all tymes (yf nede requyre) too
deposse the same: Comen Woodd xjth November

yor Frende

William ledsam

[1] several = separate

Miscellaneous (image 2)

Original Document

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Translation

Transcript

[5/1587/8 image 2]

[Endorsement]

[…]

1585

November xviijto

To his verey lovinge
Frendes, Mr Harry penant
and John Yardley, gent,
And to euery or eny one
of theym yeue thees

Cestr

[in pencil in a later hand]

Holt Denbigh

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Katherine Clubb

John Ledsam

William Ledsam – wrote the above letter

John Yardley – one of the intended recipients of William Ledsam’s letter

Officials

Henry (Harry) Pennant – Deputy Registrar of the diocese and one of the intended recipients of William Ledsam’s letter

Notes

Probably written in connection with cause reference EDC 5/1586/3 Farndon. The catalogue entry for this cause is ‘Catherine Clubb c John Hodson senior of Holt for a clandestine marriage-libel.’

Ref: EDC 5/1582/11

Catalogue Entry:

EDC 5/1582/11. TILSTON Richard Masie of Grafton c John Brereton claiming a pew in right of Grafton Hall – libel.

Summary:

Richard Massey contra John Brereton

At service time, John Brereton had tried to sit in a certain pew in Tilston church, but Richard Massey contended that he was not entitled to do so because use of the pew belonged exclusively to him and his family, as owners of Grafton Hall.

There are two copies of the libel and images of both are included.

There is also another libel filed at this reference which is unrelated to this matter. It is referenced on this website as EDC 5/1582/11a

Year

1582

Type of Cause:

Violation 0f church rights – pew dispute

Cause Papers:

Libel

Libel (image 1)

Original Document

Click to view fullscreen

Translation

[1582/11 image 1]

In the name of God, Amen: before you, the venerable Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court, or any other judge whomsoever competent in this regard; the party of the distinguished Richard Massey of Grafton, gentleman, of the parish of Tilston, of the archdeaconry of Chester and the diocese of Chester, against John Brerton of the parish and diocese aforesaid, and against any other person or persons whomsoever lawfully intervening before you in judgement for the same, by way of complaint and complaining to you in this behalf says, alleges and propounds in these writings in law jointly, severally and in articles as follows:

Firstly, namely that the aforesaid Richard Massey, the precursors and predecessors of the aforesaid Richard Massey, gentleman, each and every one of them in their successive times, for 10, 20, 30, 40, 50 and 60 years and also before and since, from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men were, just as they should have been, in peaceful possession of a certain pew or seat in the church of Tilston aforesaid, and in the same pew or seat his precursors and predecessors, as aforesaid, had the right and authority of sitting, kneeling, praying and burying and interring, just as they should have had and the said Richard, the present plaintiff, always peacefully and quietly had, possessed and occupied for himself and his household until the time of this trouble;  and he propounds jointly, severally and concerning any of these points.

Also, that the aforesaid pew or seat always belonged and appertained both to the precursors and predecessors of the aforesaid Richard Massey in their time by reason of the principal residence of the aforesaid Richard called ‘the hall of Grafton’ and controlled by the aforenamed Richard now possessing and inhabiting the same house of Grafton; and he propounds as above.

Also, that the aforesaid John Brereton, who did not have or ought to have any right in the said pew or seat wrongfully, against the requirement of law, to the bad example of other parishioners claiming to expel the aforenamed Richard Massey, gentleman, from the aforesaid seat or at least to sit in the same pew or seat with the same Richard against the wishes of the said Richard saying of the same seat ‘he would sitt there in spyte of his head’[1] or at least wrongfully in some part of the same, to the serious detriment and disturbance of and no small trouble to the said Richard; and he propounds as before.

[1] In spite of his head = in defiance of him

Transcript

[1582/11 image 1]

In dei nomine amen coram vobis venerabili viro Roberto Leich legum doctori Curie consistorialis Cestrensis officiali principali legitime deputato aut alio Judice in hac
parte competenti quocunque pars discreti viri Richardi Massie
de grafton generosi parochie de Tilston Archidiaconatum Cestrensis
Diocesis Cestrensis contra et aduersus Johannem Brereton parochie et
diocesis predictis ac contra quemcunque alium seu quoscunque alios pro
eodem coram vobis in Juditio legitime intervenientem per viam querele
et vobis in hac parte querelando dicit allegat et in his scriptis
in iure proponit articulatim pro vt sequitur

Inprimis videlicet Quod <predictus Richardus Massie>  precessores et predicessores predicti Richardi Massye
generosi omnes et singuli eorum temporibus successiue existentes a
x xx xxx xl l et lx annos necnon vltraque et citra
a tempore et per tempus cuius initij siue contrarij
memoria hominum non existit fuerunt prout esse debuerunt in
pacifica possessione cuiusdam <scamnum> siue sedilis in Ecclesia de
Tilston predicte in eodemque scamno siue sedili Jus et potestatem
sedendi genuflectendum orandi et sepeliendi et inhumandi
{habuerunt} eius precessores et predicessores vt predicitur habuerunt
prout habere debent dictus Richardus pars iam agens semper habuit
et possedit et occupavit per se et suos pacifice et quiete
vsque ad tempus huius gravamenius et ponit coniunctim diuisim et de
quolibet

Item Quod predictum Scamnum siue sedile semper spectabat et
pertinebat tam ad precessores et predicessores prefati Richardi
Massie pro tempore existentes Ratione domicilij principalis predicti Richardi
vocati the hall of Gradton quam ad prelibatum Richardum
moderamen eandem domum de Grafton iam possidens et
inhabitans et ponit vt supra

Item quod predictus Johannes Brereton qui nihill iuris in dicto scamno
siue sedili habuit aut habere debet iniuste contra iuris
exigentiam in malum exemplum aliorum parochia-
norum prenominatum Richardum Massie generosum a predicto scamno
expellere vell saltem in eodem scamno et sedili cum
eodem Richardo sedere contra voluntatem dicti Richardi
dicendo he would sitt there in spyte of his head eandem
sedem vell saltem aliquam eiusdem partem iniuste sibi vendicando
in gravem iniuriam et disturbationem atque gravamen
dicti Richardi non modicum
et ponit vt supra

Libel (image 2)

Original Document

Click to view fullscreen

Translation

[1582/11 image 2]

Also, that the said John Brereton was and is of the parish of Tilston of Chester diocese and for that reason notoriously subordinate and subject to your jurisdiction; and he propounds as before.

Also, that it was and is on the part and behalf of the said Richard Massey rightly and lawfully complained to you, lord judge aforesaid, and to your Chester consistory court; and he propounds as before.

Also, that all and singular the premises were and are true, public, notorious, manifest and equally well-known, and regarding and concerning the same public voice and fame were and are circulating.

Whereupon, due proof being made as is required by law in this regard, the party of the said Richard Massey prays that right and a complement of justice may be done and administered to him in all and singular the premises, and that the said pew or seat, held by his precursors and predecessors in peaceful possession as thus set out above, is adjudged, decreed and declared as his and his family’s and that he, John Brereton, will be punished on account of his wrongful and presumptuous nuisance and disturbance and also that the party of the said John Brereton will be condemned in the lawful costs incurred on the part of the said Richard Massey in this behalf, and he protests those to be incurred, and, having been condemned that he will be obliged and compelled to the real payment of the same by you passing your definitive sentence in that behalf, lord judge aforesaid; not obliging himself to prove all and singular the premises, nor to the burden of superfluous proof, concerning which he protests, but so far as he will have proved in the premises, thus far may he obtain in the petitions,

Transcript

[1582/11 image 2]

Item Quod dictus Johannes Brerton fuit et est parochie de
Tilston Cestrensis diocesis et eo pretextu vestre Jurisdiccionis notorie
subditus et subiectus Et ponit vt supra

Item Quod fuit et est ex parte et per partem dicti Richardi Massey
ad vos dominum Judicem antedictum et ad curiam vestram consistorialem Cestrensem
Rite et legitime querelatum Et ponit vt supra

Item Quod  premissa omnia et singula fuerunt et sunt vera
publica notoria manifesta pariter ac famosa atque de et super
huiusmodi laborarunt et laborant publica vox et fama

 Vnde facta fide de iure in hac parte requisita petit pars
dicti Richardi Massy ius et Justiciam complementum sibi
[in premissis] omnibus et singulis fieri et ministrari dictumque Scamnum
siue Sedile sic vt premittitur a suis precessoribus
siue predecessoribus habitum in pacifica possessione sibi
et suis adiudicari decerni et declarari Ipsumque Johannem
Brerton propter suam Iniustam et temerariam vexacionem
et perburbationem puniendum fore necnon in expensis legitimis
per partem dicti Richardi Massy in hac parte factis et protestatur
defiendis parte dicti Johannis Brerton condempnari condempnatumque
ad realem solucionem earundem cogi et compelli per vos et vestram
Sententiam diffinitivam in hac parte ferendum domine Judex antedicte non
arctans se ad omnia et singula premissa probanda nec ad
onus superflue probacionis de quo protestatur sed Quatenus
probauerit in premissis eatenus obtineat in petitis Juris

Libel (image 3)

Original Document

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Translation

[1582/11 image 3]

always reserving the benefit of law in all things; and he asserts the right of amending this libel; humbly imploring your office in the premises, distinguished judge aforesaid.

 

Transcript

[1582/11 image 3]

beneficio Ac protestatur de Addendo hunc libello In omnibus semper
saluo vestrum officium in premissis Judex egregie antedicte
humiliter Implorando

Libel (image 4)

Original Document

Click to view fullscreen

Translation

[1582/11 image 4] 

[Endorsement] 

Libel on behalf of Richard Massey, gentleman, against John Brereton in a cause of seating. Exhibited 1582. 

[in pencil in a different hand]

Tilston

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1582/11 image 4] 

[Endorsement] 

Libellus ex parte Richardi
Massie generosi contra
Johannem Brereton
in Causa Scedilis
Exhibitus 1582

[in pencil in a different hand]

Tilston

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Richard Massey – plaintiff

John Brereton – defendant

 

 

Officials

Robert Leche

Subjects

Church seating

 

 

 

 

 

Places

Grafton

Tilston

Notes

Sentence was passed in favour of the plaintiff. Although the sentence has not survived, the defendant appealed to York where his libel and Richard Massey’s response survive at reference CP.G.3064 and may be viewed online https://www.dhi.ac.uk/causepapers/causepaper.jsp?id=128125

The basis of John Brereton’s claim was that lands which he occupied under a three-life lease from John Heath of Overton, and which were situated in Grafton, gave him the right to sit in the contested pew, which Richard Massey continued to dispute.

There were two pews in dispute, both on the north side of the church, one being four back from the pulpit and the other behind it.

 

 

 

Ref: EDC 5/1580/12

Catalogue Entry:

EDC 5 1580. 12. MANCHESTER Robert Riding c Ralph Shalcrosse for saying he was a naughty man of his body – libel.

Summary:

Ralph Shalcrosse contra Robert Ridinges

 

Year

1580

Type of Cause:

Defamation – sexual slander

Cause Papers:

Libel

Libel (image 1)

Original Document

Click to view fullscreen

Translation

[1580/12 image 1]

In the name of God, Amen; before you, worshipful Master Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court, or any other judge whomsoever competent in this regard, the party of the distinguished Ralph Shalcrosse of the parish of Manchester of Chester archdeaconry against Robert Ridinges of the parish and archdeaconry aforesaid and against any other person or persons whomsoever lawfully intervening before you in judgement for the same, by way of complaint and complaining to you in this behalf says, alleges and propounds in these writings in law in articles as follows: 

1          Firstly, namely that all and singular subordinates and subjects of this realm of England who utter, assert or declare abuse, disparagements or opprobrious, scandalous or defamatory words tending or sounding to the injury or denigration of the good fame of any person with malicious intent and against public morals, were and are to be canonically and according to the due requirement of law in that behalf corrected and punished; and he propounds as before.

2          Also, that notwithstanding the premises the aforesaid Robert Ridings, not being ignorant of the premises but knowing well enough, in the months of April and May in the year of our Lord 1580, now current, within the parish of Manchester aforesaid, with malicious intent and against public morals seriously and grievously defamed the aforesaid Ralph Shalcrosse, previously in no way defamed, of and concerning the crimes written below and he uttered, spoke and published some abusive, scandalous and defamatory words openly and publicly against the aforesaid Ralph and especially the following English words namely ‘Thou art or he is, meaninge the said Rafe Shalcrosse a naughtie[1] man of thy bodie & hast had […] dealing with […]’

[1] Promiscuous or immoral in this context.

Transcript

[1580/12 image 1]

In dei nomine Amen Coram vobis venerabili viro magistro Roberto leche legum
doctore Curie Consistorialis Cestrensis officiali principali legitime deputato aut
alio Judice in hac parte competenti quocunque Pars discreti
viri Radulphi Shalcrosse parochie de Mancestr’ Archidiaconatus
Cestrensis contra et aduersus Robertum Ridinges parochie et
Archidiaconatus predictis ac contra quemcunque alium seu quoscunque
alios coram vobis pro eodem in Judicio legitime interuenientem
per viam querele et vobis in hac parte querelando
dicit allegat et in hijs scriptis in Jure proponit
articulatim prout sequitur

1          Inprimis videlicet Quod omnes et singuli huius Regni Anglie
Subditi et subiecti qui Convitia vituperia verbaue
opprobriosa scandalosa seu diffamatoria ad alicuis
bone fame lesionem seu denigracionem tendentia seu
sonantia animo malicioso ac contra bonos mores proferunt
asserunt seu predicant, fuerunt et sunt canonice
ac iuxta Juris in ea parte Exigentiam corrigendi et
puniendi  Et ponit vt supra

2          Item Quod premissis non obstantibus prefatus Robertus Ridinges
premissorum non ignarus imo satis sciolus predictum Radulphum
Shalcrosse de et super Criminibus infrascriptis prius
minime diffamatum mensibus Aprilis et Maij Anno domini
1580 iam currenti infra parochiam de mancestr’ predict
animo malicioso ac contra bonos mores grauiter et
enormiter diffamaui, nonnullaque verba convitiosa
scandalosa seu diffamatoria contra prefatum Radulphum
palam et publice protulit dixit et promulgauit ac
presertim verba Anglice sequentia videlicet Thou
art or he is, meaninge the said Rafe Sh[alcrosse]
a naughtie man of thy bodie & hast had […]
dealinge with […]

Libel (image 2)

Original Document

Click to view fullscreen

Translation

[1580/12 image 2] 

3          Also, that the aforesaid Ralph Shalcrosse, before the utterance of these defamatory words and until then, was a man of good fame, unblemished reputation and honest conversation and for such and as such openly, publicly and notoriously commonly called, held, considered, named and reputed among his acquaintances and neighbours; and he propounds as before.

4          Also that by reason and occasion of the utterance of these words the standing and good fame of the said Ralph are diminished, injured and harmed and the same Ralph was and is of less esteem after the utterance of these words than before; and he propounds as before. 

5          Also, that the aforesaid Robert Ridings was and is of the parish of  Manchester of the archdeaconry of Chester and notoriously subordinate and subject to your jurisdiction; and he propounds as before.

6          Also, all and singular the premises were and are true, public, notorious, manifest and equally well known and public voice and fame were circulating regarding and concerning the same, just as they are circulating at present.

Whereupon, due proof being made as required by law in this regard, the party of the aforesaid Ralph Shalcrosse prays that right and justice may effectively be done and administered to him in all and singular the premises and anything whatsoever concerning them and that that the said Robert Ridings will be punished according to the demands of the law in that regard on account of his reckless excess in pronouncing the defamatory words aforesaid; and also that he will be condemned in the costs incurred and to be incurred on behalf of the plaintiff in this cause by you and  your definitive sentence or final decree; and otherwise, that what will have been of right and reason in the premises may be done, established and decreed; this party propounds the premises and prays that they are done jointly and severally, not obliging himself to proving all and singular the premises, nor to the burden of superfluous proof, concerning […]

Transcript

[1580/12 image 2]

3          Item Quod predictus Radulphus Shalcrosse ante huiusmodi verborum
diffamatoriorum prolacionem et vsque ad ea fuit vir bone fame
opinionis illese et conuersacionis honeste proque tali et
vt talis inter notos et vicinos suos communiter dictus tentus
habitus nominatus et reputatatus palam publice et notorie Et
ponit vt supra

4          Item Quod pretextu et occacione prolacionis huiusmodi verborum status
et bona fama dicti Radulphi attenuanter leduntur et
gravantur fuitque et est idem Radulphus minoris
Estimacionis citra huiusmodi verborum prolacionem quam ante
Et ponit vt supra 

5          Item Quod predictus Robertus Ridinges fuit et est parochie de
Mancestr’Archidiaconatus Cestrie vestreque Jurisdiccioni notorie
subditus et subiectus Et ponit vt supra 

6          Item Quod premissa omnia  et singula fuerunt et sunt vera
publica notoria manifesta pariter et famosa Et quod de et
super eisdem laborarunt prout in presenti laborant publica
vox et fama 

Vnde facta fide de et super premissis
de Jure requisita petit pars predicti Radulphi Shalcrosse
Jus et Justiciam sibi in premissis omnibus et singulis ac
ea concernentibus quibuscunque fieri et ministrari cum
effectu dictumque Robertum Ridinges propter suum
temerarium excessus verba diffamatoria predicta proferenda
iuxta Juris in ea parte Exigentia puniri atque in Expensis
ex parte agentis in huiusmodi causa  factis et fiendis condemnari
per vos et vestram Sententiam diffinitiuam siue finale decretum
Ceteraque fieri statui et decerni quod Juris fuerit
et Rationis Premissa proponit et fieri petit pars
ista Coniunctim et diuisim Non arctans se ad omnia et singula
premissa probanda nec ad onus superflue probacionis de […]

Libel (image 3)

Original Document

Click to view fullscreen

Translation

[1580/12 image 3]

[Endorsement] 

Libel offered on behalf of Ralph Shalcrosse against Robert Ridinges in a cause of defamation, 1580

[in pencil in a different hand]

Manchester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/12 image 3] 

[Endorsement] 

Libellus ex parte
Radulphi Shalcrosse
contra Robertus
Ridinges in causa
diffamacionis oblatus
1580

[in pencil in a different hand]

Manchester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Ralph Shalcrosse – plaintiff

Robert Ridinges – defendant

 

 

Officials

Robert Leche

Subjects

Defamatory words

 

 

 

 

 

Places

Manchester

Ref: EDC 5/1580/11

Catalogue Entry:

EDC 5 1580. 11. MANCHESTER Jane wife of Henry Chetham c Richard Hall clerk for saying this place is not fit for any cuckold to walk in – libel.

Summary:

Jane Chetam, wife of Henry Chetam, contra Richard Hall, clerk

The libel states that Hall had referred to Henry Chetam as ‘cuckold’. While this suggested that Chetam’s wife had committed adultery, it was also an insult to Henry Chetam.

Year

1580

Type of Cause:

Defamation – sexual slander

Cause Papers:

Libel

Libel (image 1)

Original Document

Click to view fullscreen

Translation

[1580/11 image 1]

[…] deputy or any other judge whomsoever competent in this regard, the party of the distinguished and honest woman, Jane Chetam, wife of Henry Chetam, of the parish of Manchester of the archdeaconry of Chester against Richard Hall, clerk, of the parish and archdeaconry aforesaid  and against any other person or persons whomsoever lawfully intervening before you in judgement, by way of complaint and complaining to you in this behalf says, alleges and propounds in these writings in law in articles as follows:

1          Firstly, namely that all and singular subordinates and subjects of this realm of England who speak, utter, express or declare abuse, disparagements or opprobrious, disparaging or scandalous words of anyone against public morals and with malicious intent were and are to be canonically corrected and punished according to the laws and statutes of this realm of England; and he propounds jointly, severally and concerning any part thereof.

2          Also, that notwithstanding the premises and they being true, the aforesaid Richard Hall, clerk, not being ignorant of them but forgetful of the welfare of his soul, being induced, as it is believed, by an evil spirit, in the months of September, October and November in the year of our Lord 1580, or in any of those months whatsoever, in one or other, with malicious intent and against public morals seriously and grievously defamed the said Jane Chetam, previously in no way defamed, and he uttered and pronounced these following opprobrious, defamatory and scandalous words or similar in effect to these and importing the same effect openly and publicly before trustworthy witnesses within the churchyard of the parish church of Manchester aforesaid or in other neighbouring places, namely ‘seinge the said Henrie Chetam walkinge there <[…]> the said Richard spake vnto him audibly this place is not fitt for any Cuckoldes to walke in And the said’

Transcript

[1580/11 image 1] 

[…] deputat[o aut ali]o Judice [in hac parte] co[mpetenti] quocunque
Pars discrete et hones[te] mulieris Jane Chetam
vxoris Henrici Chetam parochie de Mancestr’Archidiaconatus
Cestrie contra et aduersus Ricardum Hall clericum parochie et
Archidiaconatus predictis ac contra quemcunque alium seu
quoscunque alios Coram vobis in Judicio legitime
interuenientem per viam querele et vobis in hac
parte querelando dicit allegat et in hijs scriptis
in Jure proponit articulatim prout sequitur

1          Inprimis videlicet Quod omnes et singuli huius Regni Anglie
subditi et subiecti qui Convitia vituperia verbaue
obprobriosa vituperiosa seu scandalosa de aliquo
contra bonos mores animoque malicioso dicunt
emittunt proferunt seu predicant fuerunt et sunt
iuxta Jura et Statuta huius Regni Anglie
canonice corrigendi et puniendi Et ponit Coniunctim
diuisim Et de quolibet

2          Item Quod premissis non obstantibus eisque veris existentibus
predictus Ricardus Hall clericus eorundem non ignarus imo
anime  sue salutis immemor Spritu vt creditur maligno
ductus dictam Janam Chetam prius minime diffamatam
mensibus Septembris Octobris et Novembris Anno
domini 1580 eorumve mensium quolibet vno siue aliquo
animo malicioso ac contra bonos mores grauiter et
enormiter diffamauit verbaque obprobriosa diffamatoria
et scandalosa sequentia seu eis in effectu similia et
eundem effectum importantia coram testibus fidedignis
palam et publice protulit et pronuntiauit infra
Cemiterium Ecclesie parochialis de mancestr’ predict’ <aut alijs locis vicinis> videlicet seinge
the said Henrie Chetam walkinge there <[…]> the said
Richard spake vnto him audibly this place is not
fitt for any Cuckoldes to walke in And the said

Libel (image 2)

Original Document

Click to view fullscreen

Translation

[1580/11 image 2]

[…] the same Richard Hall uttered and pronounced these defamatory words or similar in effect to these and importing the same effect with malicious intent and against public morals; and he propounds jointly, severally and concerning any part thereof.

3          Also ‘That the Common Exposicion <& meaninge> of the said sclaunderous wordes within the parishe of manchester & other places thereaboutes was & is that the said Jane Chetam had abused her self in Adultrie or incontinencie & soe are the same words commonly reputed & taken & not in any other Sense or meaninge; and he propounds as before.

4          Also, that the aforesaid Jane Chetam, before the utterance of the said defamatory words and until then, was a woman of good fame, honest conversation and unblemished reputation and as such openly, publicly and notoriously commonly called, held, considered, named and reputed among good and substantial people; and he propounds as before.

5          Also that by occasion and reason of the utterance of these defamatory words the standing and good fame of the aforesaid Jane Chetam are seriously and grievously injured and diminished among and between good and substantial people and the same Jane was and is of less reputation after the utterance of the same words than before; and he propounds as before.

6          Also, that the aforesaid Richard Hall was and is of the parish of  Manchester and for that reason notoriously subordinate and subject to your jurisdiction; and he propounds as before.

7          Also, that it was and is on the part and behalf of the said Jane Chetam that this action is lawfully brought to you and your Chester consistory court; and he propounds as before.

Transcript

[1580/11 image 2]

[…] hec
verba d[iffa]matoria seu eis in effectu similia et eun[dem]
effectum importantia idem Ricardus Hall animo malicioso
et contra bonos mores protulit et pronuntiauit
Et ponit Coniunctim diuisim Et de quolibet

3          Item That the Common Exposicion <& meaninge> of the said sclaunderous
wordes within the parishe of manchester & other
places thereaboutes was & is that the said
Jane Chetam had abused her self in Adultrie
or incontinencie & soe are the same words commonly
reputed & taken & not in any
other Sense or meaninge Et ponit vt supra

4          Item Quod predicta Jana Chetam ante dictorum verborum
diffamatoriorum prolacionem et vsque ad ea fuit mulier
bone fame, Conuersacionis honeste, et opinionis illese
sicque inter bonos et graues communiter dicta tenta
habita nominata et reputatata palam publice et
notorie Et ponit vt supra 

5          Item Quod occasione et pretextu huiusmodi verborum
diffamatoriorum emissionis status et bona fame predicte
Jane Chetam apud et inter bonos et graues
grauiter et enormiter leduntur et  attenuanter fuitque
et est eadem Jane minoris reputacionis citra prolacionem
eorundem verborum quam ante Et ponit vt supra 

6          Item Quod predictus Ricardus Hall fuit et est parochie de
mancestr’ et eo pretextu vestre Jurisdiccioni notorie
subditus et subiectus Et ponit vt supra 

7          Item Quod fuit et est ex parte et per partem dicte
Jane Chetam ad vos et vestram Curiam Consistorialem
legitime querelatur Et ponit vt supra

 

Libel (image 3)

Original Document

Click to view fullscreen

Translation

[1580/11 image 3] 

[…] public voice and fame are circulating.

Whereupon, due proof being made as required by law in this regard, the party of the said Jane Chetam prays that right and justice may be done and administered to her with effect in all and singular the premises and that that the said Richard Hall will be punished by ecclesiastical censures and according to the demands of the law in that regard on account of his rash presumption in pronouncing the defamatory words aforesaid or similar in effect to them; and also that he will be condemned in the lawful costs incurred on behalf of the aforesaid Jane, and he protests those to be incurred, and having been condemned, that he will be obliged and compelled to the real payment of the same, by you and your definitive sentence, lord judge aforesaid; and otherwise, that what will have been of right and reason in the premises and anything whatsoever concerning them is done, established and decreed; this party propounds the premises and prays that they are done jointly and severally, not binding himself to prove all and singular the premises, nor to the burden of superfluous proof, concerning which he protests, but so far as he will have proved in the premises thus far may he obtain in the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises; and this party asserts the right of adding to, correcting and amending at an appropriate and suitable place and time etc.

Transcript

[1580/11 image 3]

[…] laboran[t publi]ca vox [et fam]a

Vnde facta
fide de Jure in hac parte requisita petit pars
dicte Jane Chetam Jus et Justiciam sibi in premissis
omnibus et singulis fieri et ministrari cum effectu
dictumque Ricardum Hall propter suum temerarium ausum
verba diffamatoria predicta seu eis in effectu
similia proferenda per Censuras Ecclesiasticas et
iuxta Juris in ea parte Exigentia puniri necnon in
Expensis legitimis ex parte predicte Jane factis et protestatur
de fiendis condemnari Condempnatumque ad realem
solucionem earundem cogi et compelli per vos et
vestram Sententiam diffinitiuam domine Judex antedicte
Ceteraque fieri statui et decerni in premissis et
ea concernentibus quibuscunque quod Juris fuerit et
racionis Premissa proponit et fieri petit pars ista
Coniunctim et diuisim non arctans se ad omnia et
singula premissa probanda nec ad onus superflue
probacionis de quo protestatur sed quatenus probauerit
in premissis eatenus obtineat in petitis Juris
beneficio in omnibus semper saluo Vestrum officium
in premissis humiliter implorando Et protestatur
pars ista de addendo corrigendo et emendando pro
loco et tempore conguis et oportunis et cetera

Libel (image 4)

Original Document

Click to view fullscreen

Translation

[1580/11 image 4] 

[Endorsement] 

[…] Richard Hall, clerk, a cause of defamation, offered 1580.

[in pencil in a different hand]

Manchester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/11 image 4] 

[Endorsement]

 […]
Ricard’ Hall
Cleric’ in causa
diffamacionis oblat’
1580

[in pencil in a different hand]

Manchester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Jane Chetam – plaintiff

Richard Hall – defendant

 

 

Ref: EDC 5/1580/10

Catalogue Entry:

EDC 5 1580. 10. MIDDLETON Anna Jackson c Anna Johns saying she was a common liar and also a married man’s whore – libel, responsions, decree.

Summary:

Anne Jackson contra Anne Jones, wife of Thomas Jones

 

Year

1580

Type of Cause:

Defamation – sexual slander

Cause Papers:

Libel
Commission to examine witnesses outside Chester
Depositions on the libel
Report of commissioners
Exceptions against witnesses for the plaintiff

Libel (image 1)

Original Document

Click to view fullscreen

Translation

[1580/10 image 1]

[…] the party of the honest woman, Anne Jackson, of the parish of Prestwich against Anne Jones, wife of Thomas Jones, of the parish of Middleton of Chester diocese and of your jurisdiction and against any other person whomsoever lawfully intervening before you in judgement for the same, by way of complaint and complaining to you in this behalf says, alleges and propounds in these writings in law jointly, severally and in articles as follows:

Firstly, that all and singular subordinates and subjects of this realm of England who speak, utter, express or declare abuse, disparagements or opprobrious, disparaging, scandalous or defamatory words sounding or tending to the injury or denigration of the good fame of any person against the public morals of any person were and are to be canonically corrected and punished and are to be obliged and compelled to desist and to completely abstain from these abuses, disparagements and defamatory words in future; and he propounds as before.

Also, that the said Anne Jones, not being ignorant of the premises but forgetful of the welfare of her soul, being induced, as it is believed, by an evil spirit, in the months of March, April, May, June, July, August, September, October, November, December, January and February in the year of our Lord 1580, or in any of those months whatsoever, in one or other of them,  seriously and grievously defamed the said Anne Jackson, previously in no way defamed, namely these English words which follow ‘what Robert Ireland wilt thowe marry Anne Jackeson’ meaning the said Anne Jackson ‘that is a maried mans hore And beinge demaunded whose hore Answered that she’ meaning the said Anne Jackson ‘was Mr Leghes hore’ the said Anne Jones said and pronounced these defamatory words or others similar to these and importing the same effect of the same Anne Jackson, as will become clear and appear by lawful proofs in the event of this suit; and he propounds as before.

Transcript

[1580/10 image 1]

[…] Pars honeste mulieris Ann [Jackson]
parochie de Prestwiche contra et aduersus Annam Johnes vxorem
Thome Johnes parochie de Midleton Cestrensis diocesis et vestre
Jurisdicionis ac contra quemcunque alium coram vobis pro eadem in iudicio
Legitime intervenientem per viam querele et vobis in hac parte
querelando dicit allegat et in hijs scriptis in iure proponit coniunctim
diuisim atque articulatim prout sequitur

Inprimis Quod omnies et singuli huius regni Anglie subditi et
subiecti qui convicia vituperia verbaue obprobriosa vilpendosa
scandalosa vel diffamatoria ad alicuis bone fame lesionem seu
denigracionem sonantia vel tendentia contra bonos mores de aliquo dicunt
emittunt proferunt seu predicant fuerunt et sunt canonice
corrigendi et puniendi et vt ab huiusmodi convicijs vituperijs et
verbis diffamatorijs desistant et se penitus abstineant
in futurum cogendi et compellendi Et ponit vt supra

Item Quod dicta Anna Johnes premissorum non ignara immo anime
sue salutis immemor spritu vt creditur maligno ducta dictam Annam
Jackeson prius minime diffamatam mensibus Marcij Aprilis Maij
Junij Julij Augusti Septembris Octobris Novembris Decembris
Januarij et Februarij Anno domini 1580 eorumue mensium
quolibet vno siue aliquo grauiter et enormiter diffamauit
videlicet hec anglicis verbis sequutur what Robert Ireland wilt
thowe marry Anne Jackeson <innuendo dictam Annam Jackeson> that is a maried mans
hore And beinge demaunded whose hore Answered
that she Innuendo dictam Annam Jackeson was Mr
Leghes hore hec verba diffamatoria seu alia hijs similia et
eundem effectum importantia dicta Anna Johnes dixit et
pronunciavit de eadem Anna Jackeson prout in eventu huius
litis per probaciones legitimas liquebit et apparebit Et ponit
vt supra

 

Libel (image 2)

Original Document

Click to view fullscreen

Translation

[1580/10 image 2]

[…] the standing and good fame of the said Anne Jackson are injured and blackened and the said Anne Jackson was and is at no little trouble and expense and otherwise and elsewhere wearied, vexed, oppressed, burdened and perturbed in many different ways, and among and between good and substantial people she is of less reputation and favour and good and substantial people have ascribed and given, and at present ascribe and give, less trust and favour to the same Jane by reason of the premises; and he propounds, jointly, severally and concerning any part thereof.

Also, that the said Anne Jackson, before this defamation and the utterance, assertion and declaration of the defamatory words aforesaid and until then, was a woman of good fame, unblemished reputation and honest conversation, and previously in no way defamed among and between good and substantial people; and he propounds as before.

Also, that the said Anne Jones was and is of the parish of  Middleton aforesaid of Chester diocese and for that reason notoriously subordinate and subject to your jurisdiction; and he propounds as before.

Also, that it was and is on the part and behalf of the said Anne Jackson that this complaint is rightly and lawfully brought to you, lord judge aforesaid, and to your Chester consistory court; and he propounds as before.

Also, that all and singular the premises were and are true, public, notorious, manifest and equally well known and public voice and fame were circulating and are circulating regarding and concerning this.

Whereupon, due proof being made as required by law in this regard, the party of the said Anne Jackson prays that right and justice may be done and administered to her in all and singular the premises and that that the said Anne Jones should be corrected and punished for the imputation of the above-said crimes and for the pronouncing and declaration of these aforesaid scandalous and defamatory words according to the due requirement of law, and that she will be punished with effect etc. and also that she will be condemned in the lawful costs incurred on the part of the said Anne Jackson in that behalf, and he protests those to be incurred, by you and your definitive sentence, lord judge aforesaid etc. always reserving the benefit of law in all things, humbly imploring your office in the premises, not binding etc.

Transcript

[1580/10 image 2]

[…] status et bona fama dicte Anne Jack[eson leduntur] et  denigrantur
dictaque Annam Jackeson fuit et est in nonnullis laboribus et
expensis ac alias et aliunde mulipliciter fatigata vexata grauata onerata
et perturbata ac apud et inter bonos et graues [minoris reputacionis et fauoris bonique et graves] adhibuerunt et
dederunt adhibentque et dant in presenti eidem Anne Jackeson
minorem fidem atque fauorem pretextu premissorum Et ponit coniunctim
diuisim et de quolibet

 Item Quod dicta Anna Jackeson ante huiusmodi diffamacionem et verborum
diffamatoriorum predictorum emissionem assertionem et predicacionem et vsque
ad ea fuit mulier bone fame opinionis illese ac conuersacionis
honeste ac apud et inter bonos et graues prius minime diffamata
Et ponit vt supra

Item Quod dicta Anne Johnes fuit et est parochie de Midleton
antedicte Cestrensis diocesis et eo pretextu vestre Jurisdiccionis notorie
subdita et subiecta Et ponit vt supra

Item Quod fuit et est ex parte et per partem dicte Anne Jackeson
ad vos dominum Judicem antedictum et ad Curiam vestram consistorialem Cestrensem
rite et legitime querelatur Et ponit vt supra

Item Quod premissa omnia et singula fuerunt et sunt vera publica notoria
manifesta pariter et famosa atque de et super huiusmodi laborarunt
et laborant publica vox et fama.

Vnde facta fide de iure in
hac parte requisita petit pars dicte Anne Jackeson  ius et
iusticiam sibi in premissis omnibus et singulis fieri et ministrari
ac dictam Annam Johnes pro supradictum criminium imposicione
et huiusmodi verborum scandalosorum et diffamatoriorum prolacionem et predicacionem predictorum
iuxta iuris debitam exigentiam corrigendam et puniendam fore debere
decerni et cum effectu puniri et cetera Necnon in expensis legitimis
per partem dicte Anne Jackeson in hac parte factis et protestatur
de fiendis condempnari per vos et vestram Sententiam diffinitiuam
domine Judex antedicte et cetera in omnibus semper saluo vestrum officium
in premissis humiliter implorando non arctans et cetera

Libel (image 3)

Original Document

Click to view fullscreen

Translation

[1580/10 image 3]

[Endorsement]

[…] a cause of defamation, exhibited 1580.

[in pencil in a different hand]

Manchester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/10 image 3]

[Endorsement]

[…]
caus’ diffamacionis Exhibit
1580

[in pencil in a different hand]

Manchester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

Commission (image 4)

Original Document

Click to view fullscreen

Translation

[1580/10 image 4] 

Robert Leche, Doctor of Laws, rightly and lawfully deputed official principal of the Chester consistory court, to our beloved in Christ, Oliver Carter, Bachelor of Sacred Theology, Thomas Williamson, clerk, Master of Arts and vicar of the parish church of Eccles, Thomas Richardson, clerk, rural dean of the deanery of Manchester, greeting in the Lord. Since, in a certain cause of defamation or foul slander which is in dispute and is pending undecided before us in the consistory court aforesaid between Anne Jackson, the party plaintiff on the one part, and Anne Jones, wife of Thomas Jones, the defending party and party complained of on the other part, we, rightly and lawfully proceeding […] to be made to the parties for the reception, admission, swearing of the oath and examination of any witnesses whatsoever on behalf of the said plaintiff necessary, as he has asserted, to prove his claim in a certain libel of his previously given and offered before us in the manner and form described below […] in the pursuance of justice.

Therefore, to receive, admit, and to be sworn in due form of law respectively producing every witness whatsoever of the witnesses for the said plaintiff before you in the parish or collegiate church of Manchester of Chester diocese […] ten and three in the afternoon of the same day, with adjournment of the days and places then next following, these witnesses, as aforesaid, having been judicially summoned by the opposing party to appear at the said day and place to be produced and admitted on behalf of the plaintiff, who will have presented himself to see them appear as produced otherwise he is contumacious in this. 

And they, the witnesses, thus received, admitted and sworn are to be examined and interrogated separately and singly, according to the requirement of law, upon the positions and articles of the said libel annexed to these presents and the interrogatories administered on behalf of the opposing party, if any such have been suitably made,

and their statements and depositions and replies caused to be recorded in writing and if these witnesses for the sake of hatred, fear or favour withdraw testimony they are to be canonically compelled by ecclesiastical censure to […] the truth which they may know in that respect

having taken with you jointly and severally Master Randle Cotgreave, principal registrar of the consistory court aforesaid, or any other notary public whomsoever nominated by the same Master Randle Cotgreave […] as your scribe in this behalf and of doing, executing and exercising all and singular other things which […] shall be necessary or in any way opportune 

We commit authority to you jointly and severally as our substitutes by these presents, asking that, this examination having been completed, you should send the authenticated depositions of the witnesses and the whole and complete process had and done before you […] to Chester cathedral church before 19 of January next, to the consistorial place there to us or to our deputy. Given […] Chester on the 15th day of the month of December in the one thousand five hundred and eightieth year of our Lord.

Agreed with the decree, John Morgell, notary public.

[There is no endorsement] 

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/10 image 4]

Robertus Leche legum doctor Curie consistorialis Cestrensis officialis principalis
rite et legitime deputatus dilectis nobis in christo Olivero Cartar sacre Theologie [Baccallario]
Thome Williamson Clerico Artium magistro Vicario Ecclesie parochialis de Eccles Thome Richardson
Clerico Decano Ruralis decanatus de Mancestr’ salutem in domino Cum nos in qu[adam]
causa diffamacionis siue Turpis convicij que Coram nobis in Curia consistoriali predict[a inter]
Annam Jackson partem Actricem  ex vna Et Annam Jones vxorem Thome Jones  [partem ream]
et querelatam  partem ex altera vertitur et pendet indecisa rite et legitime procedens […]
fieri ad partes pro receptione admissione Juramenti prestacione et examinacione quorumcunque [testium]
ex parte dicte partis Agentis ad probandum Intencionem suam in quodam suo libello alias c[oram nobis]
dato et oblato vt asseruit necessitum sub modo et forma inferius descriptis [fieret?]
Justicia mediante 

Ad Recipiendum igitur admittendum et in debita Juris forma Jurari [testium]
Testes quoscunque per dictam partem Agentem coram vobis in Ecclesia parochiali siue Collegiat’ [Mancestr’]
Cestrensis diocesis […]
Decimas et Tercias pomeridianas eiusdem diei respectiue producendum cum prorogatione [dierum]
et locorum tunc proximo sequentis parte aduersa ad interessendum iudicaliter moniti dictis di[e et]
loco huiusmodi Testes sic ut prefertur ex parte agenti produci et admitti se sua pr[esentauerit]
Interesse visuri sui autem in illius contumacem producendos 

Ipsosque Testes sic recep[tos]
admissos et Juratos super positionibus et articulis dicti libelli presentibus annexi et Interrog[atorijs]
si que congrue fuerunt ex parte aduersu ministratis secrete et sigillatim iuxta Juris exig[entia]
examinandis et Interrogandis 

eorumque dicta et depositiones ac responsa in scriptis fideliter redegi fa[ciendum]
ac Testes huiusmodi si se gratia odio Timore vel favore subtraxerunt Testimonium […] Veritati quam in ea parte nouerint per censuras Ecclesiasticas Canonice compellendis

Assumpto vobis coniunctim et diuisim magistro Ranulpho Cotgraue Curie consistorialis predicte Reg[istrario]
principali vel alio quocunque notario publico per eundem magistrum Ranulphum Cotgraue nominando […]
vestram scribam in hac parte Ceteraque omnia et singula faciendi exequendi et exercendi que […]
in hac parte necessaria fuerint seu quomodolibet oportuna 

Vobis coniunctim et diuisim vices
Auctoritatem nostras committimus per presentes Rogantes quatenus huiusmodi examinacione completa […]
deposiciones Testium totumque et integrum {et integrum} processum coram vobis […]
habitum et factum Ad  Ecclesiam Cathedralem Cestrensem Citra xix Januarij pro[ximo]
ad locum consistorialem ibidem nobis aut deputato nostro Auctentice transmittatis Da[tum …]
Cestren’ xvto die mensis decembris Anno domini Millesimo Quingentesimo Oct[agesimo]

Concordat cum decreto Johannes Morgell notarius Pub[licus]

[There is no endorsement] 

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

Depositions on the libel (image 5)

Original Document

Click to view fullscreen

Translation

[1580/10 image 5] 

Statements of witnesses upon the libel on behalf of Anne Jackson against Anne Jones, wife of Thomas Jones, taken in the parish or collegiate church of Manchester before the distinguished Oliver Carter, Bachelor of Sacred Theology, Thomas Williamson, clerk, Master of Arts, vicar of the parish church of Eccles, Thomas Richardson, clerk, rural dean of the deanery of Manchester, by virtue of letters of commission, directed from the venerable Robert Leche, Doctor of Laws, vicar etc. and lawfully deputed official principal of the right reverend father in Christ, William, by divine mercy lord bishop of Chester, on the 19th day of the month of December, 1580.

Elizabeth Smythe, wife of Alexander Smythe, of the parish of Middleton of the age of about 50 years, has known Anne Jackson for 20 years and Anne Jones for the same time.

To the first article she believes that the same is consonant[1] with justice and equity.

To the second article ‘this deponent saieth that betwixte Whitsontyde and midsomer last to this deponentes nowe remembrance This deponent having occasion to goe to the watermilne att middleton Anne Jones the defendant willed her beinge in The same milne to sit downe by her beinge present The saide Anne in the saide milne togeather with one Richard Ireland the vnder milner of the same milne and when shee this deponent had staied in the Same milne came thither one Robert Ireland whoe when hee was come into the milne and going vppe a payre of steares in the same milne the saide Anne saide art thou heare speaking to Robert Ireland That shall marrie Anne Jackson Mr leighes whore I knowe ytt to bee true for a man tooke her with Mr leighe in Acrington spring getting a borne[2] of Kelinges[3] And Mr leighe because hee would haue the same man leaue with hym badde hym gett one other borne of Kelinges And badde the saide Robert Ireland come to her The saide Anne and shee would tell hym whoe hee was that sawe them and the same Robert would not come To her’ being present then there in the said mill at the time of the utterance of the words, Robert Ireland and Richard Ireland aforesaid […] this deponent; otherwise she knows nothing certainly to depose.

[1] consonant = in accordance with.

[2] burn = burden or load of (OED).

[3] I may have misread this but assume that if it reads ‘borne of Kelinges’ it may mean ‘load of kindling’ otherwise the meaning is not clear to me.

Transcript

[1580/10 image 5] 

Dicta Testium super libello ex parte Anne
Jackson contra Annam Jones vxorem Thome
Jones capta coram discretis viris Olivero
Cartar sacre Theologie Baccallario
Thoma Williamson Clerico artium
magistro Vicario Ecclesie parochialis de Eccles
Thoma Richardson Clerico decano
Rurali decanatus de Mancestr’
virtute litterarum commissionalium a venerabili viro
Roberto leche legum doctore Reverendi in
christo patris et domini domini Willielmi
miseracione diuine Cestrensis Episcopi
vicario et cetera et officiali principali legitime
deputato directarum xixmo die mensis
Decembris 1580 in Ecclesia parochiali
siue Collegiat’ de Mancestria 

Elizabetha Smythe vxor Alexandri smythe parochie de Middleton
etatis Circiter lta Annorum nouit Annam Jackson per xx
Annos et Annam Jones per idem Tempus

Ad Primum articulum credit eundem esse consonum Juri et equitati

Ad secundum articulum this deponent saieth that betwixte Whitsontyde
and midsomer last to this deponentes nowe remembrance
This deponent having occasion to goe to the watermilne
att middleton Anne Jones the defendant willed her beinge in
The same milne to sit downe by her beinge present
The saide Anne in the saide milne togeather with
one Richard Ireland the vnder milner of the same
milne and when shee this deponent had staied in the
Same milne came thither one Robert Ireland whoe
when hee was come into the milne and going vppe a
payre of steares in the same milne the saide Anne saide
art thou heare speaking to Robert Ireland
That shall marrie Anne Jackson Mr leighes whore
I knowe ytt to bee true for a man tooke her with
Mr leighe in Acrington spring getting a borne of Kelinges
And Mr leighe because hee would haue the same
man leaue with hym badde hym gett one other borne of
Kelinges And badde the saide Robert Ireland come to her
The saide Anne and shee would tell hym whoe hee
was that sawe them and the same Robert would not come
To her presentibus tunc ibidem in dicto molendino prolacionem  huiusmodi
verborum Roberto Ireland et Richardo Ireland predictis [… i]sto deponenti
[aliter nescit c]erte deponere

Depositions on the libel (image 6)

Original Document

Click to view fullscreen

Translation

[1580/10 image 6]

To the third article she believes that the same contains the truth.

To the fourth article ‘shee this deponent saieth shee neuer hard evill speaches vttered att anie tyme against the saied Anne Jackson butt alwaies amongest her neighbors accompted of good name & fame and of honest lyfe and conuersacion’ otherwise she knows nothing certainly to depose.

To the fifth article, she says that the same is true.

To the sixth article she believes that complaint is justly brought on behalf of the said Anne Jackson.

To the last she says that the depositions she has made before are true, she is not coached or hired nor instructed  etc.

Robert Ireland, son of Edmund Ireland, gentleman, of the parish of Middleton his age about 22 years, has known Anne Jackson for as long as this deponent can remember and Anne Jones for 6 years.

To the first article he believes that the same is consonant with justice and equity.

To the second article ‘this deponent saieth that aboutes midsomer last to this deponentes nowe remembraunce This deponent had occasion to goe to middleton milne and when hee came thither in the same.milne hee found the saide Anne Jones Elizabeth Smyth his precontest[1] and Richard Ireland and going vppe a payre of steares of the same milne the saide Anne called this deponent and This deponent bicause hee was sent for by his master Richard Ashton of Midleton Esquier would not staie butt went his waie from Them and hard noe talke farther att that tyme’.

[1] precontest = previous fellow-witness.

Transcript

[1580/10 image 6]

Ad Tercium articulum credit eundem continere veritatem

Ad Quartum articulum shee this deponent <saieth shee> neuer
hard evill speaches vttered att anie tyme against
the saide Anne Jackson butt alwaies amongest
her neighbors accompted of good name & fame
and of honest lyfe and conuersacion alias nescit
Certe deponere

Ad Quintum articulum dicit eundem esse verum

Ad Sextum articulum credit ex parte dicte Anne
Jackson esse Juste querelatum

Ad vltimum dicit predeposita per eum esse vera non est
docta non conducta nec instructa et cetera

Robertus Ireland filius Edmundi Ireland generosi parochie de Middleton
etatis sue Circiter xxij Annorum novit Annam Jackson
a noticia istius deponentis et Annam Jones per vj Annos

Ad Primum articulum credit eundem esse consonum Juri et equitati

Ad secundum articulum this deponent saieth that aboutes
midsomer last to this deponentes nowe remembraunce
This deponent had occasion to goe to middleton
milne and when hee came thither in the same
milne hee found the saide Anne Jones Elizabeth
Smyth his precontest and Richard Ireland
and going vppe a payre of steares of the same
milne the saide Anne called this deponent and
This deponent bicause hee was sent for by
his master Richard Ashton of Midleton Esquier
would not staie butt went his waie from
Them and hard noe talke farther att that tyme

Depositions on the libel (image 7)

Original Document

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Translation

[1580/10 image 7]

And about ij daies after Ambrose Jackson brother To the saide Anne Jackson told this deponent that Elizabeth Smythe had told hym that Anne Jones had saide within the watermilne of Middleton that Anne Jackson was a married mans whore and Mr leighes’ whore whereappon hee willed This deponent to goe to her toe her house which this Deponent att his request dyd and goinge on the waie sawe the saide Anne Jones come from a feld of her husbandes from marling[1] and this deponent beinge then in the fold neare her house the saide Anne cominge by this deponent willed hym to come neare and drincke with her and then shee saide Robert you are my cosen[2] will you marrie one that goeth in the name of a weded man you would bee sorie that you shuld marie such a one and this deponent Asked her whether shee would stand to that shee had spoken in the milne yee saide shee that I will and more then that’ he was asked ‘what shee the saide Anne meaned by the same speeches’ namely ‘that goeth in the name of a wedded man saieth hee verelie beleveth in his conscience shee dyd meane the same Anne Jackson was Mr Thomas leighes <of Acrington> whore and not otherwise’ nobody being present besides this deponent and the same Anne Jones, otherwise he knows nothing certainly to depose.

To the third article ‘this deponent saieth ytt hath somewhat impayred her good name for yf the same would haue nott byn spoken this deponent would haue maried her.’

[1] Marl is a type of earth rich in carbonates which was spread on farming land as a soil conditioner. Marling was the process of spreading marl.

[2] Cousin meant s a relative, but not necessarily the child of a parents’ sibling, and could be a much more distant family connection.

Transcript

[1580/10 image 7]

And about ij daies after Ambrose Jackson
brother To the saide Anne Jackson told this
deponent that Elizabeth Smythe had told
hym that Anne Jones had saide within the
watermilne of Middleton that Anne Jackson was
a married mans whore <and Mr leighes’ whore> whereappon hee willed
This deponent to goe to her toe her house
which this Deponent att his request dyd
and goinge on the waie sawe the saide Anne
Jones come from a feld of her husbandes from
marling and this deponent beinge then in
the fold neare her house the saide Anne cominge
by this deponent willed hym to come neare
and drincke with her and then shee saide Robert
you are my cosen will you marrie one that goeth
in the name of a weded man you would bee sorie that
you shuld marie such a one and this deponent
Asked her whether shee would stand to that
shee had spoken in the milne yee saide shee
that I will and more then that Interrogatus
what shee the saide Anne meaned by the same
speeches videlicet <that goeth> in the name of a wedded man
saieth hee verelie beleveth in his conscience shee
dyd meane the same Anne Jackson was Mr <Thomas> leighes
<of Acrington> whore and not otherwise
nullo presente preter isto deponente Et eadem Anna Jones
alias nescit certe deponere

Ad Tercium articulum this deponent saieth ytt hath
somewhat impayred her good name for yf the same
would haue nott byn spoken this deponent would
haue maried her

Depositions on the libel (image 8)

Original Document

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Translation

[1580/10 image 8]

To the fourth article ‘this deponent saieth shee the said Anne was accompted to bee a mayd of good and honest conversacion among her neighbors’.

To the fifth article, he believes that the same is true.

To the seventh, he believes that the same contains the truth.

To the eighth he says that the depositions he has made before are true and that fame is circulating upon this etc.

Richard Ireland of the parish of Middleton of the age of about 20 years has known Anne Jackson for 12 years and Anne Jones for 6 years. 

To the first article he believes that the same is consonant with justice and equity.

To the second article ‘this deponent saieth that hee being vnder milner att the watermilne in Middleton there came thither about forten or xv weekes sythens To this deponentes now remembrance Anne Jones to see her Corne grounden and quicklie after her came Elizabeth Smyth this deponentes precontest and when they had staied there a whyle Robert Ireland came and was in speache with this deponent and the saide Anne Jones called Robert Ireland and saide I will speake with you and withall the saide Anne saide will you marie Anne Jackson That goeth in the name of a wedded man and the saide Robert went his waie and gaue her

Transcript

[1580/10 image 8]

Ad Quartum articulum this deponent saieth shee
the saide Anne was accompted to bee a mayd
of good and honest conversacion among her
neighbors

Ad Quintum articulum credit eundem esse verum

Ad Septum credit eundem continere veritatem

Ad Octavum dicit predeposita per eum esse vera
et famam super huiusmodi laborare et cetera

Richardus Ireland parochie de Middleton etatis circa xx
Annorum novit Annam Jackson per xij Annos et Annam
Jones per vj Annos 

Ad Primum articulum credit eundem esse consonum Juri
et equitati

Ad secundum articuluthis deponent saieth that hee being
vnder milner att the watermilne in Middleton
there came thither about forten or xv weekes sythens
To this deponentes now remembrance Anne Jones
to see her Corne grounden and quicklie after
her came Elizabeth Smyth this deponentes
precontest  and when they had staied there a whyle
Robert Ireland came and
was <in speache> with this deponent and the saide
Anne Jones called Robert Ireland and saide I will
speake with you and withall the saide Anne
saide will you marie Anne Jackson
That goeth in the name of a wedded man and
the saide Robert went his waie and gaue her

Depositions on the libel (image 9)

Original Document

Click to view fullscreen

Translation

[1580/10 image 9]

her noe answere whereby this deponent thinketh by reason of the noyse in the milne hee hard ytt nott soe well as this deponent which was nearer to the said Anne Jones then the saide Robert was; beinge demaunded what the saied Anne dyd meane att the same tyme by the saide speaches’ namely ‘that goeth in the name of a wedded man answereth hee beleveth shee ment that Anne Jackson had plaied the whore with some wedded man’ otherwise he knows nothing certainly to depose.

To the third article he believes that the same contains the truth.

To the fourth he says ‘the saide Anne Jackson was accompted to bee a woman of honest lyfe and conversacion amonge her neighbors and neuer evill saied of to this deponentes knowledg before the saied speaches’.

To the fifth, he says that he believes that the same is true.

To the sixth, he believes that the same is true.

To the last he says that the depositions he has made before are true etc.

Margery Lorte, wife of Thomas Lorte, of the parish of Middleton of the age of 34 years has known Anne Jackson since the birth of this deponent and Anne Jones for 6 years. 

To the first article she believes that the same is consonant with justice and equity.

Transcript

[1580/10 image 9]

her noe answere whereby this deponent thinketh by reason
of the noyse in the milne hee hard ytt nott soe well
as this deponent which was nearer to the saide
Anne Jones then the saide Robert was beinge demaunded what
the saide Anne dyd meane att the same tyme by the
saide speaches videlicet that goeth in the name of a wedded
man answereth hee beleveth shee ment that Anne Jackson
had plaied the whore with some wedded man alias
nescit Certe deponere

Ad Tertium articulum credit eandem continere veritatem

Ad Quartum dicit the saide Anne Jackson
was accompted to bee a woman of honest lyfe
and conuersasion amonge her neighbors and neuer evill
saide of to this deponentes knowledg before
the saide speaches

Ad Quintum dicit credit eundem esse verum

Ad Sextum credit eundem esse verum

Ad vltimum dicit predeposita per eum esse vera et cetera

Margeria Lorte vxor Thome Lorte  parochie de Midleton
etatis sue xxxiiij Annorum novit Annam Jackson
a nativitate istius deponentis et Annam Jones per
vj Annos 

Ad Primum articulum credit eundem esse consonum Juri
et equitati

Depositions on the libel (image 10)

Original Document

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Translation

[1580/10 image 10]

To the second article she knows nothing to depose ‘saving that Shee hard Elizabeth Smythe saie that Anne Jones had saide Anne Jackson was a maried mans whore farther this deponent saieth shee cannott depose’.

To the third article ‘this deponent  saieth sythens the same speaches weare vttered to her by the saide Elizabeth shee hath thought the worse of her the saide Anne Jackson’.

To the fourth she says ‘the saide Anne hath alwaies hearefore byn accompted for a mayde of honest name & fame among her neighbors’.

To the fifth article, she says that the same is true.

To the sixth, she believes that the same is true ‘because of the speaches that Elizabeth Smyth vttered as before’.

To the last she says that the depositions she has made before are true etc.

Thomas Jones, husband of Anne Jones, of the parish of Middleton his age 40 years has known Anne Jackson for 12 years. 

To the first article he believes that the same is consonant with justice and equity.

Transcript

[1580/10 image 10]

Ad secundum articulum nescit deponere saving that
Shee hard Elizabeth smythe saie that
Anne Jones had saide Anne Jackson was
a maried mans whore farther this deponent
saieth shee cannott depose

Ad Tercium articulum this deponent saieth sythens
the same speaches weare vttered to her by
the saide Elizabeth shee hath thought the
worse of her the saide Anne Jackson

Ad Quartum dicit the saide Anne hath
alwaies hearefore byn accompted for a mayde
of honest name & fame emong her neighbors

Ad Quintum articulum dicit eundem esse verum

Ad Sextum credit eundem esse verum because of the speaches that Elizabeth Smyth vttered
as before

Ad Septum dicit predeposita per eam
esse vera et cetera

Thomas Jones maritus Anne Jones parochie de Middleton
etatis sue xltum Annorum novit Annam Jackson
per xij Annos 

Ad Primum articulum credit eundem esse consonum Juri
et equitati

Depositions on the libel (image 11)

Original Document

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Translation

[1580/10 image 11]

To the second article ‘this deponent saieth hee cannott depose nether ever hard The saide Anne his wyfe vtter suche Speaches a> are specified in the Article or the lyke […] against the saide Anne Jackson.

To the third article he replies as before.

To the fourth article he knows nothing certainly to depose.

To the fifth, he says that the same is true.

To the sixth ‘this deponent saieth hee thinketh the saide Anne Jackson hath had noe Juste occasion to sue his wyfe’

To the last he says that the depositions he has made before are true.

[There is no endorsement] 

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/10 image 11]

Ad secundum articulum this deponent saieth
hee cannott depose nether ever hard
The saide Anne his wyfe vtter suche
Speaches <as> are specified in the Article
or the lyke […] against the saide
Anne Jackson

Ad Tercium articulum respondet vt supra

Ad Quartum articulum nescit certe deponere

Ad Quintum articulum dicit eundem esse verum

Ad Sextum this deponent saieth hee
thinketh the saide Anne Jackson
hath had noe Juste occasion to
sue his wyfe

Ad vltimum dicit predeposita per eum esse vera

[There is no endorsement] 

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

Report of commissioners (image 12)

Original Document

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Translation

[1580/10 image 12]

To the venerable Robert Leche, Doctor of Laws, vicar general in spirituals of the right reverend father in Christ, William, by divine mercy lord bishop of Chester and rightly and lawfully deputed official principal of his consistory court, or to his deputy in that behalf […]; Oliver Carter, Bachelor of Sacred Theology, Thomas Williamson, Master of Arts and vicar of the parish church of Eccles, and Thomas Richardson, rural dean of the deanery of Manchester, greetings in the Lord with due […].

We cause you to be notified and we signify by these presents that on the 19th day of the month of December in the year of our Lord 1580, Master James Banester, notary public, proctor of Anne Jackson, plaintiff, named in the letters of commission annexed to these presents, appeared before us, sitting publicly and judicially in the parish or collegiate church of Manchester in the presence of John Pewson otherwise Morgell, notary public: and he presented the said letters of commission and prayed that we take to ourselves the burden of the execution of the same, and we determined to proceed according to the form and effect of the same and we have accepted the same John Pewson otherwise Morgell as scribe of our acts; when this was done the aforesaid Master James Banester prayed that Anne Jones, wife of Thomas Jones, the defendant specified in the said letters is summoned, who, having been summoned three times (at the petition of the said Banester) and in no way appearing, we pronounced to be contumacious and as penalty for this, her contumacy, the same Banester produced as witnesses upon the libel affixed to the said letters a certain Robert Ireland, Thomas Jones, Richard Ireland, Elizabeth Smyth, wife of Alexander Smyth, Margery Lord, wife of William Lord, all and singular the which witnesses at the petition of the aforesaid James Banester we admitted and bound with a corporal oath upon the holy gospels of God to depose faithfully all, and in every way, the truth which they have known or have learnt about and concerning the libel aforesaid and with all hatred, fear, love, odium, entreaty, reward and all manner of corruption having been distanced and set aside; we warned them not to leave the town of Manchester aforesaid before their examination, we examined all and singular witnesses separately and singly upon the aforesaid libel and we caused to be rendered in writing by the aforesaid John Morgell their statements and depositions, which we faithfully deliver to you by the aforesaid John Morgell ; given […] with our seals on the 20th day of the month of December in the year of our Lord aforesaid.

And whereas I, John Pewson otherwise Morgell, of Coventry and Lichfield diocese, notary public by authority of the Queen, was personally present in public having been lawfully taken on  as scribe of their acts by virtue of the aforesaid letters of commission […] having assumed the burden of the execution of the same, by the production of the witnesses aforesaid, binding them with the oath and examination of them and all and singular other premises, together with the said Oliver Carter, Thomas Richardson and Thomas Williamson, while, as thus aforesaid, all was being put in motion and done in the year of our Lord, month, day and place aforesaid, and thus I have noted all and singular matters that I have done, seen, known and heard; therefore I have written these present letters of certification in my own hand by command of the said Oliver Carter, Thomas Richardson and Thomas Williamson; and in witness of all and singular premises I have underwritten my name to these presents.

[signed] Johannes Pewson otherwise Morgell, notary public

[There is no endorsement]

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/10 image 12]

Venerabili viro Roberto Leche legum doctori Reverendi in christo patris et domini
domini Willielmi miseracione divina Cestrensis Episcopi et Vicario in spiritualibus generali eiusque Curie
Consistorialis officiali principali rite et legitime deputato siue eius in hac parte deputato […]
Oliverus Cartar sacre Theologie Baccallarius Thomas Williams[on]
Artium magister et vicarius Ecclesie parochialis de Eccles et Thomas Richards[on]
decanus Ruralis decanatus de Mancestr’ salutem in domino cum debit[…] 

Vobis notari facimus et significamus per presentes Quod <coram> nobis xixmo [die]
mensis Decembris Anno domini 1580 in Ecclesia parochiali siue Collegi[ali [de]
Mancestr’ publice pro Tribunali sedentibus in presentia Johannis Pewson alias Morg[ell notarij]
publicis magister Jacobus Bannister notorius publicus procurator Anne Jackson [partis] Agentis in dictis litteris commissionalibus presentibus annexis nominatus comparuit dictasque l[itteras]
Commissionales presentavit et petijt nos onus execucionis earundem in nos acceptare [secundum]
formam et effectum earundem procedere decreuimus eundemque Johannem Pewson alias M[orgell]
in Actorum nostrorum scribam Assumpsimus quo facto prefatus magister Jacobus Bannister
preconizari petijt Annam Jones vxorem Thome Jones partem defendentem in dictis litteris specif[icatam]
qua trina vice preconizata <et> (Ad peticionem dicti Banister) nullo modo comparentem
pronuntiavimus contumacem et in penam contumacie sue huiusmodi idem Banister
super libello dictis litteris affixo produxit in Testes quosdam Robertum Ireland
Thomam Jones Richardum Ireland Elizabetham Smyth vxorem Alexandri
Smythe Margeriam Lord vxorem Willielmi Lord Quos quidem Testes
Omnes et singulos nos ad peticionem prefati Jacobi Bannister admisimus Juram[enti] Corporali ad sancta dei evangelia oneravimus de fideliter deponendo omnem
et omnimodam veritatem quam sciverint aut noverint de et super libello predicto Omnique o[dio]
Timore amore prece pretio et alijs corrupcione generis sepositis et sem[otis]
monuimus ne redeant a villa de Mancester predicta ante eorum ex[amen]
quid Testes omnes et singulos nos secrete et sigillatim super libello predicto ex[aminavimus]
earundemque dicta et depositiones per prefatum Johannem Morgell Scriptis redigi f[aciendis]
quas vobis fideliter transmittimus per prefatum Johannem Morgell […]
nostris sigillatis datum xxmo die mensis Decembris Anno domini pre[dicto]   

Et Ego Johannes Pewson alias Morgell Coven’ et Lichfeldien’ d[iocesis]
publicus Regine Auctoritate notarius quia prefatis litteris commissionalibus […]
Onere execucionis earundem Assumpcionis Testium predictorum producionis
Juramenti prestacionis et examinacionis Ceterisque omnibus et singulis
premissis dum sic ut premittitur sub Anno domini mensis
die et loco predictis agebantur et fiebantur vnacum dictis Oliv[ero]
Cartar Thoma Richardson et Thoma Williamson
publice personaliter interfui in eorum actorum scribam legitime Assumpt[us]
eaque omnia et singula sic fieri vidi scivi et audivi
in notam sumpsi ideo hac presentes litteras Certificacionales man[u]
mea propria scripsi de mandato dictorum Olivero [Cartar]
Thome Richardson et Thome Williamson et in fidem om[nium]
et singulorum premissorum nomen presentibus subscripsi

Johannis Pewson alias Morgell notarius publicus

[There is no endorsement]

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

Exceptions against witnesses for the plaintiff (image 13)

Original Document

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Translation

[1580/10 image 13]

In the name of God, Amen; in a certain pretended cause of defamation or foul slander which is in dispute and depending undecided before you, the worshipful […] Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court or any other judge whomsoever competent in this regard, between Anne Jackson, the party plaintiff and complainant on the one part and Anne Jones, wife of Thomas Jones, defendant and party complained of, on the other part; the party of the said Anne Jones excepting against the characters, statements and depositions of a certain Elizabeth Smith, widow, Robert Ireland, Richard Ireland and Margery Lorte, pretended witnesses produced upon and concerning a libel given and offered on the part of the plaintiff in this cause, says, alleges and in these writings in law propounds in articles as follows:

1          Firstly, namely that no credit, at least sufficient in law is to be attached to the statements and depositions of the aforesaid pretended witnesses or any of them in this matter inasmuch as all and singular the aforesaid witnesses for the whole and entire time of their production, admission, oath-swearing and examination in this behalf and before and since were, just as they are at present, conflicting, vacillating, singular and inconsistent among themselves in very many parts of their depositions and intimate friends and familiar acquaintances of the party producing them and mortal enemies of the party against whom they are produced and for such and as such were and are called, held, considered, named and reputed commonly openly, publicly and notoriously among acquaintances and neighbours; and he propounds jointly, severally and concerning any part thereof.

 2          Also, that no credit, at least sufficient in law is to be attached to the statements and depositions of the aforesaid Elizabeth Smith, widow, in this matter inasmuch as the aforesaid Elizabeth for the whole and entire time of her production, admission, oath-swearing and examination in this behalf and before and since was, just as she is at present, a woman of ill fame, blemished reputation and dishonest conversation, in addition she is a pauper and destitute, having nothing in goods, after deduction of debts, living on alms almost as if she were begging ‘And suche as is Acompted for a Common lier & so reputed and taken amongest her neighbours And that litle that she hath, she hath it vnder the said Robert Ireland and Richard Ireland & therfor durst not supose otherwise then they would’; and he propounds as before.

Transcript

[1580/10 image 13]

[In dei] nomine Amen In quadam pretensa Causa diffamacionis siue turpis
[conuitij] que Coram vobis venerabili viro […] Roberto leche legum
[doctor]e Curie Consistorialis Cestrensis officiali principali legitime deputato
[seu] alio Judice in hac parte Competenti quocunque inter
Annam Jackson partem agentem et querelantem ex vna et Anna Jones
vxorem Thome Jones  partem ream et querelatam partibus ex
altera vertitur et  pendet indecisa Pars dicte Anne Jones
Contra personas dictas et depositiones quorundum Elizabeth Smith
vidue Roberti Ireland Richard Ireland et Margerie Lort
testium pretensorum de et super libello ex parte agente in huiusmodi Causa
dato et oblato productorum excipiendo dicit allegat et in hijs
scriptis in Jure proponit articulatim prout sequitur

 1          Imprimis videlicet Quod nulla fides saltem de Jure sufficiens fuit aut
est dictis et deposicionibus predictorum pretensorum testium aut eorum alicuius
in hac parte reddit adhibenda pro eo videlicet et ex eo quod predicti
Testes omnes et singuli toto et omni tempore eorum in hac parte
productionis Admissionis Juramenti prestacionis et Examinacionis
anteque et citra fuerunt prout in presenti sunt in quamplurimis
partibus depositionum suarum varij vacillantes singulares inter se
discrepantes partique eos producentis Amici intimi et familiares
ac parti contra quam producentis Inimici Capitales pro que
talibus et ut talis fuerunt et sunt inter notos et vicinos
suos Communiter dicti tenti habiti nominati et reputati palam
publice et notorie Et ponit Coniunctim Diuisim Et de
quolibet 

2          Item Quod nulla fides saltem de Jure sufficiens fuit aut
est dictis et deposicionibus predicte Elizabeth Smith vidue in hac
parte Reddit adhibenda pro eo videlicet et ex eo quod predicta Elizabeth
toto et omni tempore eius in hac parte productionis Admissionis
Juramenti prestacionis et Examinacionis anteque et citra fuit
prout in presenti est mulier male fame opinionis lese et Conuersacionis
inhoneste pauper insuper et Egena nihil in bonis habens
ære alieno deducto victam quasi ostitiatim mendicans And
suche as is Acompted for a Common lier & so reputed
and taken amongest her neighbours, And that litle <that> she
hath, she hath it vnder the said Robert Ireland and
Richard Ireland & therfor durst not supose otherwise
then they would Et ponit vt supra

Exceptions against witnesses for the plaintiff (image 14)

Original Document

Click to view fullscreen

Translation

[1580/10 image 14]

3          Also, that no credit, at least sufficient in law is to be attached to the statements and depositions of the aforesaid Robert Ireland in this cause inasmuch as the aforesaid Robert for the whole and entire time of his production, admission, oath-swearing and examination in this behalf and before and since was, just as he is at present, a singular […] and hostile witness, and after and since the time of his examination aforesaid he has taken her, Anne Jackson, as his wife as he contracted before the same time ‘and would haue maried her sooner but that of purpose he staied that he might be a witnes in this Cause And it is vehementlie to be presumed that the said Robert would not haue married her if her good name by any wordes the defendant had spoken had bene impaired, And further the testimonie of the said Ireland cannot hurt the said Anne Jones in this Cause for that he longe before this Sute began diuers and sundrie tymes confessed before honest witnesses that he had Carnallie knowne the said Anne Jackson & had taken[1] Mr Leighe libellate and her in the feilde together’ and so he would brag about his wickedness; and he propounds as before.

4          Also, that no credit, at least sufficient in law is and should be attached to the statements and depositions of the aforesaid Richard Ireland in this matter inasmuch as the aforesaid Richard for the whole and entire time of his production, admission, oath-swearing and examination in this behalf and before and since was, just as he is at present, a singular witness, a pauper and destitute, having nothing in goods, after deduction of debts, also an intimate friend and familiar acquaintance of the aforesaid Anne Jackson and Robert Ireland, her husband,  and a close blood relative of the aforesaid Robert, ‘& the said Robert Ireland and Richard Ireland were at the tyme of there Examinacion farmers of the mylne in theire Examinacion mencioned and parteners of the gayne thereof’ and in addition because the same Richard Ireland at the time of his examination was not past 20 years of age, those less than 25 years are not to be admitted as a witness in the consistory court; and he propounds as before.

[1] To take in this context means to come upon or catch in a fault.

Transcript

[1580/10 image 14] 

3          Item Quod nulla fides saltem de Jure [sufficiens fuit] aut est
dictis et deposicionibus predicti Roberti I[reland in] huiusmodi Causa
reddit adhibenda pro eo videlicet et ex [eo quod] predictus Robertus
toto et omni tempore eius in hac parte [produc]tionis Admissionis
Juramenti prestacionis et Examinacionis anteque et citra
fuit prout in presenti est testis singularis […] Contrarius,
et ipsam Annam Jackson post et citra tempus Examinacionis
sue predicte duxit in vxorem anteque idem tempus ipsam
Contraxit, and would haue maried her sooner but that
of purpose he staied that he might be a witnes in this
Cause And it is vehementlie to be presumed that the
said Robert would not haue married her if her good
name by any wordes the defendant had spoken had bene
impaired, And further the testimonie of the said
Ireland cannot hurt the said Anne Jones in this Cause
for that he longe before this Sute began diuers
and sundrie tymes confessed before honest witnesses
that he had Carnallie knowne the said Anne
Jackson & had taken Mr Leighe libellate and her in the
feilde together Et sic gloriabatur in malicia sua
Et ponit vt supra 

4          Item Quod nulla fides saltem de Jure sufficiens fuit aut est
dictis et deposicionibus predicti Richardi Ireland in hac parte
reddit et facta adhibenda pro eo videlicet et ex eo quod predictus
Richardus toto et omni tempore eius in hac parte productionis
admissionis Juramenti prestacionis et Examinacionis anteque
et Citra fuit prout in presenti est testes singularis pauper
Et Egenus nihil in bonis habens ære alieno deducto, Amicus
quoque intimis et familiares predicte Anne Jackson et Roberti
Ireland eius mariti ac predicti Roberti propinquis
Consanguineus, & the said Robert Ireland and Richard
Ireland were at the tyme of there Examinacion farmers
of the mylne in theire Examinacion mencioned and parteners
of the gayne thereof Et insuper quia idem Richardus Ireland
tempore Examinacionis sue xx {seu} [sue] Etatis annum non preteriebat,
cuia in Curia Consistoriali minor xxv annis in testem non addmittendum;
Et ponit vt supra

Exceptions against witnesses for the plaintiff (image 15)

Original Document

Click to view fullscreen

Translation

[1580/10 image 15]

 Also, that all and singular the premises were and are true, public, notorious, manifest and equally well-known and that public voice and fame were circulating regarding and concerning the same just as they are circulating at present.

Whereupon, due proof being made as required by law in this regard, there is to not be established, decided or anything else to be done in this matter as is sought in the libel offered on behalf of the plaintiff, but the party of the aforesaid Anne Jones is to be absolved and dismissed from the claim, petition and unjust vexation of the same Anne Jackson touching the matters set forth in the same libel, together with her costs incurred and to be incurred in this cause by you and your definitive sentence, lord judge aforesaid;  this party propounds the premises and prays that they are done jointly and severally, not binding himself to prove all and singular, nor to the burden of a superfluous proof, against which he protests, but so far as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises; and this party asserts the right of adding and correcting etc.

Transcript

[1580/10 image 15] 

[Item quod] premissa omnia et singula fuerunt et sunt vera
publica notoria manifesta pariter et famosa Et quod
de et super eisdem laborarunt prout in presenti laborant
[publica] vox et fama

Vnde facta fide de Jure in hac
parte requisita non est statuendum decernendum aut
aliquid aliud faciendum in hac parte prout in libello
ex parte agenti oblato est petitum sed est Pars predicte
Anne Jones ab instantia impeticione et iniusta vexacione
eiusdem Anne Jackson quoad deducta in eodem libello
absoluenda et dimittenda vnacum Expensis suis in huismodi
Causa factis et fiendis per vos et vestram Sentenciam deffinitiuam
domine Judex antedicte Premissa proponit et fieri petit
pars ista Coniunctim et diuisim non arctans se ad omnia et singula
probanda nec ad onus superflue probacionis de quo protestatur
sed quantus probaverit in Premissis Eatenus obtineat
in petitis Juris beneficio in omnibus semper saluo vestrum
officium in Premissis humiliter implorando Et protestator
pars ista de addendo et Corrigendo et cetera 

Exceptions against witnesses for the plaintiff (image 16)

Original Document

Click to view fullscreen

Translation

[1580/10 image 16] 

[Endorsement]

[…] Jackson […]

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/10 image 16]

[Endorsement] 

[…] Jackson […]

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Anne Jackson – plaintiff

Anne Jones – defendant

Robert Ireland – witness

Oliver Carter – commissioned to examine witnesses

Thomas Williamson – commissioned to examine witnesses

Thomas Richardson – commissioned to examine witnesses

Elizabeth Smith – witness

Richard Ireland – witness

Margery Lord – witness

Thomas Jones – witness

Officials

Robert Leche

William Chaderton

John Pewson otherwise Morgell

Ref: EDC 5/1580/9

Catalogue Entry:

EDC 5 1580. 9. ASTBURY Jane Asgard c John Leigh of Ridge, Prestbury saying that Jane had a child to her father in law Mr Rode – libel.

Summary:

Jane Agard contra John Legh, esquire, of Ridge and Elizabeth Legh, widow, of Ridge

The alleged defamation was that Jane had had a child, fathered by a servant of Mr Rode. Mr Rode was said to be her father-in-law, but as she is described is ‘virginis’ from ‘virgo’ this presumably does not mean the father of her husband, but her stepfather.

Year

1580

Type of Cause:

Defamation – sexual slander

Cause Papers:

Libel

Libel (image 1)

Original Document

Click to view fullscreen

Translation

[1580/9 image 1]

In the name of God, Amen; before you, worshipful Master Robert Leche, Doctor of Laws, rightly and lawfully deputed official principal of the Chester episcopal consistory court, or your deputy or any other judge whomsoever competent in this regard, the party of the honest and gentle maiden, Jane Agard, of the parish of Astbury of Chester diocese against John Legh, esquire, of Ridge of the parish of Prestbury and Elizabeth Legh, widow, of Ridge of the parish and diocese aforesaid and of your jurisdiction and against any other person or persons whomsoever lawfully intervening before you in judgement for the same, by way of complaint and complaining to you in this behalf says, alleges and propounds in these writings in law jointly, severally and in articles as follows:

1          Firstly, that all and singular subordinates and subjects of this realm of England who speak, utter, assert, express or declare abuse, disparagements or opprobrious, disparaging, scandalous or defamatory words sounding or tending to the injury or denigration of the good fame of any person against public morals were and are to be canonically corrected and punished and are to be obliged and compelled to desist and to completely abstain from these abuses, disparagements and defamatory words in future; and he propounds jointly, severally and concerning any part thereof.

2          Also, that the said John Legh and Elizabeth Legh, not being ignorant of all of the premises but forgetful of the welfare of their souls, being induced, as it is believed, by an evil spirit, in the months of March, April, May, June, July and August in the year of our Lord 1580, now current, or in any of those months whatsoever, in one or other of them, within the parish of Prestbury and other parishes and places neighbouring and surrounding the same and under your jurisdiction they, and either of them, seriously and grievously defamed the said Jane Agard, previously in no way defamed, saying these following defamatory words in English to the said Jane Agard, or of her, maliciously and by reason of hatred ‘that she’ meaning the said Jane Agard ‘had borne a childe begotten by [blank] Wedgwood late servant to Mr Rode her father in lawe’ or the said John and Elizabeth Legh expressed and uttered other defamatory, scandalous and disparaging words similar in effect to these and importing the same effect to the said Jane Agard, or of her, before trustworthy witnesses as will come to be proved more fully in the event of this suit; and he propounds and articles jointly, severally and concerning any part thereof.

Transcript

[1580/9 image 1]

In dei Nomine Amen [coram vobis vobis venerabili viro Magistro Roberto]
Lech legum doctore Cu[rie] Consistorialis Episcopalis Cestrensis [officiali principali]
rite et legitime deputato vestroue deputato aut alio Ju[dice in hac parte]
competenti quocunque Pars honeste et generose virg[inis] Jane
Agard parochie de Astbury Cestrensis diocesis contra et aduersus
Johannem Leighe de Ridge parochie de Prestbury Armigerum et Elizabetham
Leighe de Ridge viduam parochie et diocesis predictis ac vestre Jurisdicionis
ac contra quemcunque alium seu quoscunque alios pro eijsdem coram
vobis [in Judicio legitime intervenientem per viam querele et vobis] in hac parte querelando dicit allegat et in hijs scriptis
in Jure proponit coniunctim diuisim atque Articulatim provt sequitur

1          Inprimis quod omnes et singuli huius Regni Anglie subditi et subiecti
qui convitia vituperia verbaue opprobriosa vilpendosa scandalosa
vel diffamatoria ad alicuis bone fame lesionem seu denigracionem
sonantia vel tendentia contra bonos mores dicunt emittunt asserunt
proferunt seu predicant fuerunt et sunt canonice corrigendi
et puniendi, et vt ab huiusmodi convitijs vituperijs et verbis
diffamatorijs desistant et se penitus abstineant in futurum cogendi
ac compellendi ac ponit coniunctim diuisim et de quolibet

2          Item quod dicti Johannes Leighe et Elizabetha Leighe
premissorum omium non ignari imo animarum suarum salutis immemores
spiritu vt creditur maligno ducti dictam Janam Agard prius
minime diffamatam mensibus Martij Aprilis Maij Junij Julij
et Augusti in  Anno domini 1580 iam currenti eorumue mensium quolibet
vno siue aliquo infra parochiam de Prestbury alijsque parochijs
et Locis idem convicinis et circumvicinis ac sub Jurisdicione vestra
grauiter et enormiter diffamauerunt et eorum vterque diffamavit dicendo
dicte Jane Agard siue de eadem maliciose et ex causa odij hec
verba diffamatoria Anglice sequentia that she invendo dictam Janam
Agard had borne a childe begottin by [blank] Wedgw[ood?]
late servant to Mr Rode her father in lawe seu alia verba
diffamatoria scandalosa et vituperiosa hijs in effectu quam similia
et eundem effectum importantia dicti Johannes et Elizabeth Leighe
dicte Jane siue de eadem coram testibus fidedignis protulerunt
et emiserunt provt in eventu huius litis plenius veniet comprobandum
et ponit atque articulatur coniunctim diuisim ac de quolibet

Libel (image 2)

Original Document

Click to view fullscreen

Translation

[1580/9 image 2]

3          Also, that by occasion and reason of this defamation, crimes and insults and the utterance, assertion and declaration of the aforesaid defamatory words the standing and good fame of the said Jane Agard are injured, blackened and lessened and the said Jane was and is at no little trouble and expense and otherwise and elsewhere wearied, vexed, oppressed, burdened and perturbed in many different ways, and among and between good and substantial people she is of less reputation and favour and good and substantial people have ascribed and given, and at present ascribe and give, less trust and favour to the same Jane by reason of the premises; and he propounds as before, jointly, severally and concerning any part thereof.

4          Also, that before this defamation and the utterance, assertion and declaration of the defamatory words and until then, the said Jane Agard was a woman of good name, unblemished reputation and honest conversation, and previously in no way defamed among and between good and substantial people; and he propounds as before.

5          Also, that the said John Legh and Elizabeth Legh, widow, were and are of the parish of  Prestbury or the parish of Davenham and for that reason subordinate and subject to your jurisdiction; and he propounds as before.

6          Also, that it was and is on the part and behalf of the said Jane Agard that complaint is rightly and lawfully brought to you, lord judge, and to your Chester consistory court; and he propounds as before.

7          Also, all and singular the premises were and are true, public, notorious, manifest and equally well known and public voice and fame were circulating and are circulating regarding and concerning this in the parish of Astbury and in other parishes neighbouring and surrounding the same.

Whereupon, due proof being made as required by law in this regard, the party of the said Jane Agard prays that right and justice may be done and administered to her in all and singular the premises and that the said John Legh and Elizabeth Legh should be corrected and punished for the imputation of the said crimes and for this pronouncing and declaration of scandalous and defamatory words according to the due requirement of law,

Transcript

[1580/9 image 2]

[3]       [Item quod occatione et pre]textu huiusmodi diffamacionis criminium
et conviciorum ac [ver]borum diffamatoriorum predictorum emissionem assertionem
et  predicacionem status et bona fama dicte Jane Agard leduntur
denigrantur et attenuantur dictaque Jane fuit et est in nonnullis
laboribus et expensis ac alias et aliunde mulipliciter fatigata
vexata grauata onerata et perturbata ac apud et inter bonos
et graues minoris reputacionis et favoris bonique et graves
adhibuerunt et dederunt adhibentque et dant in presenti eidem
Jane minorem fidem atque favorem pretextu premissorum Et ponit
vt supra coniunctim diuisim et de quolibet.

4          Item quod dicta Jane Agard ante huiusmodi diffamacionem et
verborum diffamatoriorum emissionem assertionem et predicacionem et vsque
ad ea fuit mulier bone fame opinionis illese et conuersationis
honeste ac apud et inter bonos et graves prius minime
diffamata Et ponit vt supra.

5          Item quod dicti Johannes Leighe et Elizabeth Leigh vidua fuerunt
et sunt parochie de Prestbury siue parochie de Davenham et eo
pretextu vestre Jurisdiccioni subditi et subiecti et ponit vt supra.

6          Item quod fuit et est ex parte et per partem dicte Jane {Leigh} [Agard]
ad vos dominum Judicem et ad curiam vestram Consistorialem Cestrensem
rite et legitime querelatur Et ponit vt supra.

7          Item quod premissa omnia  et singula fuerunt et sunt vera publica
notoria manifesta pariter et famosa atque de et super huiusmodi
in parochia de Astbury et in alijs parochijs eidem convicinis
et circumvicinis laborarunt et laborant publica vox et fama.

Vnde facta fide de Jure in hac parte requisita
petit pars dicte Jane Agard  ius et iusticiam sibi in premissis
omnibus et singulis fieri et ministrari ac dictos Johannem Leighe
et Elizabetham Leighe pro dictam criminum impositione huiusmodique verborum
scandalosorum et diffamatoriorum prolacionem et predicacionem iuxta Juris debitam
exigentiam corrigendos et puniendos fore debere et cum

Libel (image 3)

Original Document

Click to view fullscreen

Translation

[1580/9 image 3]

and that they will be punished with effect and are to be obliged and compelled to desist and to completely abstain from these defamatory words in future and also that they will be condemned in the lawful costs incurred on the part of the said Jane Agard in that behalf, and he protests those to be incurred, and having been condemned, that they will be canonically obliged and compelled to the due and real payment of the same by you making your definitive sentence or your final decree in that behalf, lord judge aforesaid; and otherwise, that what will have been of right and reason in the premises and anything whatsoever concerning them may be done, established and decreed, the party of the said Jane Agard propounds the premises and prays that they are done jointly and severally, not binding himself to prove all and singular the premises, nor to the burden of a superfluous proof, against which he protests, but so far as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, lord judge aforesaid.

Transcript

[1580/9 image 3]

effe[ctu puniri Et vt ab huiusmodi]
verbis diff[amatorijs  desistat et se penitus abstineat infuturum]
cogi et compelli [Nec]non in expensis Legitimis p[er partem]
dicte Jane Agard in hac parte factis et protestatur de [fiendis]
condemnari ac condemnatos ad debitam et realem so[lucionem]
earundem canonice cogi et compelli per vos et vestram sententiam [diffinitiuam]
siue vestrum finale decretum in hac parte fiendum domine Judex
antedicte. Vlteriusque fieri statui et decerni in premissis et
ea concernentibus quibuscunque quod Juris fuerit et rationis. Premissa
proponit et fieri petit pars dicte Jane Agard coniunctim et diuisim
Non arctans se ad omnia et singula premissa probanda nec
ad onus superflue probacionis de quo protestatur sed quatenus
probauerit in premissis eatenus obtineat in petitis Juris beneficio
in omnibus semper saluo vestrum officium in premissis domine Judex
antedicte humiliter implorando.

Libel (image 4)

Original Document

Click to view fullscreen

Translation

[1580/9 image 4]

[Endorsement]

[…] a cause of defamation, 1580.

Of Jane Agard.

[in pencil in a different hand]

Astbury

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/9 image 4]

[Endorsement]

[…]
caus’ diffamati-
onis 1580

Janæ Agard

[in pencil in a different hand]

Astbury

[There also appears to be something written on the bottom of the page.]

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Jane Agard – plaintiff

John Legh of Ridge – defendant

Elizabeth Legh of Ridge – defendant

 

Officials

Robert Leche

Subjects

Women

 

 

 

Places

Astbury

Prestbury

 

Related Causes

EDC 5/1580/47 – Jane Agard contra John Leigh, esquire, of Ridge and Elizabeth Leigh, widow, of Ridge (return of commission to examine witnesses outside Chester).

Notes

John Legh was the son of Elizabeth Legh, his father had died in 1578. As they lived in the parish of Macclesfield it is perhaps unusual that they are accused of defaming a resident of a different parish.

Ref: EDC 5/1580/8

Catalogue Entry:

EDC 5 1580. 8. ALDFORD Alice Hasewell c Ellen Barrowe saying she had a child before her marriage – libel, depositions.

Summary:

Alice Haselwall, wife of Christopher Haselwall, contra Ellen Barrowe

The exceptions by the defendant against the witnesses for the plaintiff include what amounts to a libel for defamation and claim for costs against the plaintiff, thus turning the exceptions into a form of counterclaim.

Year

1580

Type of Cause:

Defamation – sexual slander

Cause Papers:

Libel
Depositions
Exceptions against the witnesses

Libel (image 1)

Original Document

Click to view fullscreen

Translation

[1580/8 image 1]

In the name of God, Amen; before you, venerable Master Robert Leche, Doctor of Laws, lawfully deputed official of the Chester consistory court, or any other judge whomsoever competent in this regard, the party of the honest woman, Alice Haselwall, wife of Christopher Haselwall, of the parish of Aldford of Chester diocese against Ellen Barrowe of the parish and diocese aforesaid, and against any other person or any other persons whomsoever lawfully intervening before you in judgement for the same, by way of complaint and complaining to you in this behalf says, alleges and propounds in these writings in law in articles as follows:

1          Firstly, namely that all and singular persons who speak, utter, assert, express or declare abuse, disparagements or abusive, disparaging, scandalous, defamatory words or any other matter of any person sounding or tending to the slander, injury, denigration or diminution of the good character of any person, were and are to be lawfully corrected and punished according to the requirement of law; and he propounds jointly, severally and concerning any part thereof.

2          Also, that the said Ellen Barrowe maliciously and by reason of hatred in the months of March, April, May and June in the year of our Lord 1580, now current, or in any of them whatsoever, in one or other of them, defamed the aforesaid Alice, previously in no way defamed, within the said parish of Aldford and in a number of other parishes or in any of those places whatsoever, in one or another, and several abusive, disparaging, scandalous and defamatory words or others sounding and tending to the denigration and diminution of the standing and good fame of the said Alice, and especially she said, expressed, uttered, asserted and declared to her or of her the following words in English, or others similar in effect namely, ‘she’ meaning the said Alice Haselwell, ‘hath had a child before she was married’; and he propounds as before.

3          Also, that by reason of the premises the standing and good fame of the said Alice are severely injured and burdened among good and substantial people; and he propounds as before.

4          Also, that it was and is rightly and lawfully complained and represented to you, lord Judge, about and upon all and singular the premises for and on behalf of the said Alice; and he propounds as before.

Transcript

[1580/8 image 1]

In dei nomine amen Coram vobis vobis venerabili viro Magistro Roberto
Leche legum doctore Officiali Curie Consistorialis Cestrensis <legitime deputato> seu
alio Judice competenti quocunque Pars honeste mulieris
Alicie Haselwall vxor <Christoferi Haselwall> parochie de Awdford Cestrensis diocesis contra
et aduersus Ellenam Barrow parochie et diocesis predicte Necnon contra
et aduersus quemcunque alium seu quoscunque alios coram
vobis in Judicio pro eadem legitime intervenientem per viam
querele et vobis in hac parte querelando dicit allegat
et in hijs scriptis in Jure proponit articulatim provt sequitur

1          Imprimis videlicet quod omnes et singuli qui convitia vituperia verbave
convitiosa vituperiosa scandalosa diffamatoria seu alia
ad infamiam lesionem denigracionem siue diminutionem
status et bone fame alicuis sonantia et tendentia contra
bonos mores de aliquo dicunt emittunt asserunt
proferunt seu predicant fuerunt et sunt iuxta Juris
exigentia legitime corrigendi et puniendi ac ponit coniunctim
diuisim et de quolibet

2          Item quod dicta Ellena Barrowe mensibus martij Aprilis
Maij et Junij anno domini 1580 iam currenti eorundemve
mensium quolibet vno siue aliquo infra dictam parochiam
de Awdford aliasque nonullas parochias eorundemve
locis quolibet vno siue aliquo prefatam Aliciam de
et super criminibus infrascriptis pruis minime
diffamatam maliciose atque ex causa odij diffamavit
ac nonnulla verba convitiosa vituperiosa scandalosa
et diffamatoria seu alia ad infamiam lesionem
denigracionem et diminutionem status et bone
fame dicte Alicie sonantia et tendentia et presertim
verba anglicis sequentia seu alia eis in effectu
consimilia videlicet she Innuendo dictam Aliciam
haselwell hath had a child before she
was married eidem seu de eadem dixit emisit
protulit asseruit et predicavit ac ponit vt supra

3          Item quod pretextu premissorum status et bona fama dicte
Alicie apud bonos et graves enormiter leduntur
et gravantur ac ponit vt supra

4          Item quod de et super premissis fuit et est ex parte et
per partem dicte Alicie apud vos domine Judex rite
et legitime querelatum et demonstratum ac ponit vt
supra

Libel (image 2)

Original Document

Click to view fullscreen

Translation

[1580/8 image 2]

5          Also, that the aforesaid Ellen Barrowe was and is of the parish of Aldford of Chester diocese and thus notoriously subordinate and subject to your jurisdiction; and he propounds as before.

6          Also, that all and singular the premises were and are true, public, notorious, manifest and equally well known and public voice and fame were circulating regarding and concerning this, just as they are at present.

Whereupon, due proof being made as required by law in this regard, for the making of which according to the requirements of law, this party offers himself, willing and ready, at a suitable and opportune place and time, the same party prays that right and justice should effectively be done and administered to him in the premises and that the aforesaid Ellen Barrowe will be corrected and punished according to the requirements of law for so great an excess of rashness and that she will be effectively corrected and punished; and also that she will be condemned in the lawful costs incurred on the part of the said Alice in this, and he protests those to be incurred, and having been condemned, that she will be obliged and compelled to the due and real payment of the same by you and your definitive sentence or your final decree, lord judge aforesaid

and otherwise, that what will have been of right and reason in the premises may be done, established and decreed; which this party propounds and prays that they are done jointly and severally, not binding himself to prove all and singular the premises, nor to the burden of a superfluous proof, against which he protests, but so far as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office.

Transcript

[1580/8 image 2]

5          Item quod prefata Ellena Barrowe fuit et est parochie de
Awdford Cestrensis diocesis et sic vestre Jurisdiccionis notorie subdita
et subiecta ac ponit vt supra

6          Item quod premissa omnia  et singula fuerunt et sunt vera
publica notoria manifesta pariter et famosa atque de et
super eisdem laborarunt provt in presenti laborant publica
vox et fama

Vnde facta fide de Jure in hac parte
requisita ad quam faciendam iuxta Juris exigentiam
offert se pars ista prompta et parata pro loco et tempore
congruis et oportunis petit eadem pars ius et
iusticiam sibi in premissis fieri et ministrari cum
effectu prefatamque Ellenam Barrowe pro tante sue
temeritatis excessu iuxta Juris exigentiam debite
corrigendam et puniendam et cum effectu corrigi et
puniri Necnon in expensis legitimis ex parte et per
partem dicte Alicie in huiusmodi factis et protestatur
de fiendis condempnari condempnatamque ad debitam
et realem solucionem earundem cogi et compelli per
vos et vestram Sententiam diffinitiuam siue vestrum finalem
decretum domine Judex antedicte

Vlteriusque fieri
statui et decerni in premissis quod Juris fuerit et
racionis Que proponit et fieri petit pars ista
coniunctim et diuisim non arctans se ad omnia et singula
premissa probanda nec ad onus superflue probacionis
de quo protestatur sed quatenus probauerit in premissis
eatenus obtineat in petitis Juris beneficio in
omnibus semper salvo vestrum officium humiliter Implorando

Libel (image 3)

Original Document

Click to view fullscreen

Translation

[1580/8 image 3]

[Endorsement]

Alice Hasewall, wife of Christopher Haselwall, of the parish of Aldford against Ellen Barrowe of the same in a cause of defamation.

[in pencil in a different hand]

Aldford

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/8 image 3]

[Endorsement]

Alicia Haselwall
vxor Christoferi
Haselwall parochie
de Awdford
contra Ellenam
Barrowe de eadem
in causa diffamationis

[in pencil in a different hand]

Aldford

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

Depositions (image 4)

Original Document

Click to view fullscreen

Translation

[1580/8 image 4]

[…] Alice Haselwall against Ellen Barrowe taken before Master Robert Leche, Doctor of Laws, on the 12th day of September 1580

James Calveley of the parish of Aldford of the age of about […] years has known Alice Haselwall for 6 […] years and Ellen Barrowe for 12 years at least.

To the first article he believes that the same is consonant[1] with justice and equity.

To the second article ‘this deponent saieth That Christofer Haselwall husband to the saide Alice sent for this deponent to come […] with hym being in the streete and this deponent came with the messenger vnto the saide Christofer and founde with hym Raphe Churton his contest[2] and immediatlie appon his cominge the said Christofer willed this deponent and the saide Raphe Churton to goe vnto Ellen Barrowe the defendant and to demaunde of her what shee could saie against his wyfe And this deponent togeather with the saide Churton

[1] Consonant = in accordance with.

[2] Contest = fellow witness.

Transcript

[1580/8 image 4]

[…]

[Alicia] Haselwall contra Ell[enam Barrowe]
capt’ coram magistro Robert[o leche]
legum doctore xxijd die [Septembris]
1580

Jacobus Calveley parochie de Aldford etatis sue circiter […]
Annorum novit Aliciam Haselwall per sex […]
Annos et Ellenam Barrowe per xij A[nnis]
adminus

Ad Primum articulum credit eundem esse consonum
Juri et equitati

Ad secundum articulum this deponent saieth
That Christofer Haselwall husband to the saide
Alice sent for this deponent to come […]
with hym being in the streete and this deponent
came with the messenger vnto the saide
Christofer and founde with hym Raphe
Churton his contest and immediatlie
appon his cominge the said Christofer
willed this deponent and the saide
Raphe Churton to goe vnto Ellen Barrowe
the defendant and to demaunde of her
what shee could saie against
his wyfe And this deponent
togeather with the saide Churton

Depositions (image 5)

Original Document

Click to view fullscreen

Translation

[1580/8 image 5]

went to the house of the […] and according to the request of the Saide Christofer demaunded of her if shee could saie annie thinge against Alice Haselwall plaintiff And then the defendant Answered that that I haue saied I will nott denie And that that I haue saied I hard of Raphe Huxley that shee’ meaning the said Alice ‘hath had a chylde before shee was maried And I and Katheren Catherall haue hard of one other a stranger that dwelt with John Caterall of Churton the same speaches And tell the plaintiff I told her heareof v or sixe yeare agoe And then this deponent with the saide Raphe departed backe to the saide Christofer and told hym the speaches which the saide Ellen had vttered’ and these statements were ‘about six weekes after Easter last And saieth that the said plaintiff hath bene and yet is accompted to haue bene of good and honest Conversacion both maid and wife’.

Transcript

[1580/8 image 5]

[went to the house of the …]
and according to the request of the
Saide Christofer demaunded of her <if>
shee could saie annie thinge against
Alice Haselwall plaintiff And then the
defendant Answered that that I
haue saied I will nott denie
And that that I haue saied
I hard of Raphe Huxley that
shee innuendo dictam Aliciam hath
had a chylde before shee was maried
And I and Katheren
Catherall haue hard of one other
a stranger that dwelt with John Caterall
of Churton the same speaches And
tell the plaintiff I told her heareof v or
sixe yeare agoe And then this deponent
with the saide <Raphe> departed backe to
the <saide> Christofer and told hym the speaches
which the saide Ellen had vttered et hec dicta erant about six weekes after
Easter last <And saieth that the said plaintiff hath
bene and yet is accompted to haue bene of good and
honest Conversacion both maid and wief>

Depositions (image 6)

Original Document

Click to view fullscreen

Translation

[1580/8 image 6]

To the third article, he believes that the same is true.

To the fourth article, he believes that the same is true.

To the fifth article, he says that the same is true.

To the last he says that the depositions he has made before are true.

Ralph Churton of the parish of Aldford, his age about 30 years, has known Alice Haselwall for 8 years and Ellen Barrowe for 12 years at least.

To the first article he believes that the same is consonant with justice and equity.

To the second article ‘this deponent saieth that Christofer Haselwall husband to the said Alice sent for This deponent to come speeke with hym being in the streete and this deponent came with The messenger vnto the saide Christofer And then immediatlie hee sent for James Calveley his precontest[1] who alsoe came and appon his coming the said Christofer willed this deponent and the saide James Calveley to goe vnto Ellen Barrowe the defendant and to demaunde of her what shee coulde saie against his wyfe And the saide James.togeather with this deponent went to the house of the saide Ellen and according To the request of the saide Christofer demaunded of her yf shee could saie

[1] Precontest = previous witness.

Transcript

[1580/8 image 6]

Ad Ter[tium] articulum credit eundem esse [verum]

Ad Quartum articulum credit eundem esse [verum]

Ad Quintum articulum dicit eundem esse ve[rum]

Ad vltimum dicit predeposita per eum esse vera

Radulphus Churton parochie de Aldford etatis sue circiter
xxx Annorum novit Aliciam Haselwall per
viij Annos et Ellenam Barrowe per
xij Annos adminus

Ad primum articulum credit eundem esse consonum Juri
et equitati

Ad secundum articulum this deponent saieth that Christofer
Haselwall husband to the said Alice sent for
This deponent to come speeke with hym being
in the streete and this deponent came with
The messenger vnto the saide Christofer And
<then immediatlie hee sent for James Calveley> his precontest <who alsoe came> and
appon his coming the said Christofer
willed this deponent and the saide <James
Calveley> to goe vnto Ellen Barrowe the defendant
and to demaunde of her what shee coulde saie
against his wyfe And the saide <James>
togeather with this deponent went to the
house of the saide Ellen and according
To the request of the saide Christofer
demaunded of her yf shee could saie

Depositions (image 7)

Original Document

Click to view fullscreen

Translation

[1580/8 image 7]

anie thinge against Alice Haselwall plaintiff and Then the defendant Answered that that I haue saied I will nott denye and that that I haue saied I hard of Raphe Huxley that shee innuendo dictam Aliciam hathe had A chylde before shee was maried And I and Katherin Catherall haue hard of one other A stranger that dwelt with John Catterall of Churton the same speaches and that wee will depose of a booke wee hard the stranger soe saie & reporte And Tell the plaintiff I told her heareof v or vj yeares agoe and then this deponent with The saide James departed backe to the saide Christofer and told hym the speaches which the saide Ellen had vttered’ and these statements were ‘about sixe weekes after Easter last and saieth that the saide plaintiff hathe byn & yett ys accompted to haue bin of good and honest conversacion both mayde & wyfe.’

To the third article, he believes that the same is true.

To the fourth article, he believes that the same is true.

To the fifth article, he says that the same is true.

To the last he says that the depositions he has made before are true.

Transcript

[1580/8 image 7]

anie thinge against Alice Haselwall plaintiff and
Then the defendant Answered that that I haue
saied I will nott denye and that that I
haue saied I hard of Raphe Huxley that
shee innuendo dictam Aliciam hathe had
A chylde before shee was maried And
I and Katherin Catherall haue hard
of one other A stranger that dwelt with
John Catterall of Churton the same speaches
and that wee will depose of a booke wee
hard the stranger soe saie & reporte And
Tell the plaintiff I told her heareof v or vj
yeares agoe and then this deponent with
The saide <James> departed backe to the
saide Christofer and told hym the speaches
which the saide Ellen had vttered et
hec dicta erant about sixe weekes
after Easter last and saieth that the saide
plaintiff hathe byn & yett ys accompted
to haue bin of good and honest conversacion
both mayde & wyfe

Ad Tertium articulum credit eundem esse verum

Ad Quartum articulum credit eundem esse verum

Ad Quintum articulum dicit eundem esse verum

Ad vltimum dicit predeposita per eum esse vera

Depositions (image 8)

Original Document

Click to view fullscreen

Translation

[1580/8 image 8]

John Ha[rrison] of the parish of Aldford of the age of about […] years has known the plaintiff for 9 years and the defendant […] or thereabouts.]

 To the first he believes that the same is consonant with justice and equity.

To the second article ‘This deponent saith that […] May Last or somwhat before this deponent Did go to drink to the house of the defendant’s husband beinge an Ale house at what tyme the
said defendant fell in talk with this deponent of the plaintiff and said I hard Rafe Huxley say that she the said plaintiff had a child before she was married and this Deponent said he neuer knewe or hard of hit before than the said defendant said further that the said Rafe did so report hit to her before diuers witnes and this she spake to this deponent in her buttry’ otherwise she knows nothing to depose ‘sauinge he saieth she the plaintiff is reported to be a woman of verie good bahavior and so to haue continued maid and wife’.

To the rest he agrees with his precontest.

Anne Harrison, wife of Hugh Harrison, of the parish of Aldford of the age of about 50 years has known the plaintiff for 8 years and more and the defendant for about 8 years.

To the first article she thinks that the same is consonant with justice and equity.

To the 2nd article ‘This deponent saieth that apon Mayedaie Last this Deponent and the defendant came from Church together and by the way the defendant said to this Deponent I marvaile what ailes Christopher Hasselwall his wife’ meaning ‘the now plaintiff that she will not

Transcript

[1580/8 image 8]

Johannis Ha[rrison] parochie de Aldford etatis circiter […]
annos novit partem Agentem ix annos et partem defendentem […]
aut circiter

Ad primum credit eundem esse consonum Juri et equitati

Ad ijd articuluThis deponent saith that […]
May Last or somwhat before this deponent
Did go to drink to the house of the def[endant’s]
husband beinge an Ale house at what tyme the
said defendant fell in talk with this deponent of the
plaintiff and said I hard Rafe Huxley say that she
the said plaintiff had a child before she was married
and this Deponent said he neuer knewe or hard of hit
before than the said defendant said further that the
said Rafe did so report hit to her before diuers
witnes and this she spake to this deponent in her buttry
alias nescit deponere sauinge he saieth she <the plaintiff> is reported
to be a woman of verie good bahavior and so to haue
continued maid and wief

Ad reliquos concordat cum precontesto suo

Anna Harrison vxor Hugonis Harrison  parochie de Aldford
etatis circiter l annos novit partem agentem viij annos et vltra et
partem ream circiter viij annos

Ad primum articulum putat eundem esse consonum Juri et equitati

Ad ijd articuluThis deponent saieth that apon Mayedaie
Last this Deponent and the defendant came from Church together
and by the way the defendant said to this Deponent I
marvaile what ailes Christopher Hasselwall his
wief Innuendo the now plaintiff that she will not

Depositions (image 9)

Original Document

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Translation

[1580/8 image 9]

Lett me alone […] she the said’ […] meaningthe said plaintiff reioysed to here of my evill Doinges when the lettre was cast into my wyndowe but I Did not reioyce for hers when she had a child afore she was maried as she hard say and this Deponent willed her hold her peace for if such wordes were knowne they wold breede her trouble’ meaning ‘her the Defendant who without more wordes left this Deponent and went her way homewardes And further saieth that she the said Plaintiff is commenly reputed and taken to haue bene an honest gentlewoman maide and wief hitherto amongest her neybores

To the rest she agrees with her precontest.

Transcript

[1580/8 image 9]

Lett me alone […] she the said […]
innuendo the said plaintiff reioysed to here of my
evill Doinges when the lettre was cast into my
wyndowe but I Did not reioyce for hers when
she had a child afore she was maried as she
hard say and this Deponent willed her hold
her peace for if such wordes were knowne they
wold breede her trouble innuendo her the Defendant who
without more wordes left this Deponent and went
her way homewardes And further saieth that
she the said Plaintiff is commenly reputed and
taken to haue bene an honest gentlewoman
maide and wief hitherto amongest her neybores

Ad reliquos concordat cum precontesto suo

Depositions (image 10)

Original Document

Click to view fullscreen

Translation

[1580/8 image 10]

[Endorsement]


Examination of witnesses upon the libel on behalf of Alice Haselwall against Ellen Barrowe taken on the 22nd of September in the year 1580

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/8 image 10]

[Endorsement]

Examinacio testium
super libello ex parte
Alicie Hasewall
contra Elenam
Barrowe Capte
xxijdo Septembris
Anno 1580

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

Exceptions against the witnesses for the plaintiff (image 11)

Original Document

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Translation

[1580/8 image 11]

In the name of God, Amen; in a certain pretended cause of defamation or foul slander which was in dispute for a considerable time and is still in dispute and pending undecided before you, worshipful Robert Leche, Doctor of Laws, in the Chester consistory court, between Alice Hasselwall, pretended plaintiff and complaining party on the one part and Ellen Barrowe, pretended defendant and party complained of, on the other part; the party of the said Ellen Barrowe for every consequence of law and fact that can follow thereon against the said Alice Hasselwall and against any other whomsoever lawfully intervening before you in judgement for the same and also against James Calveley, Ralph Churton, John Harrison and Anne Harrison, pretended witnesses on behalf of the said Alice in whatever way, although invalidly, produced, admitted, sworn and examined before you upon a certain pretended libel given and offered before you on behalf of the said Alice in this behalf and the whole of their claim in the same, says, alleges and in these writings in law propounds jointly, severally and in articles as follows:

1          Firstly, this party, in excepting, propounds against the aforesaid James Calveley, Ralph Churton, John Harrison and Anne Harrison, that their testimony is null, void and not to be admitted in law but completely to be excluded and rejected inasmuch as they are conflicting, vacillating, singular, coached, suborned and in their depositions inconsistent between themselves as is more fully clear and appears in their testimony, and they are intimate friends of the party producing them and mortal enemies of this propounding party; and he propounds jointly, severally and concerning any part thereof.

2          Also, this party, in excepting, propounds against James Calveley and Ralph Churton that their testimony is null and void and not to be admitted in law and completely to be excluded and rejected inasmuch as they were and are friends […] of the party producing them ‘and were sent by Christopher Haselwall husband to the plentif of purpos to intrap this proponent in her speache and taulke […] was not the […] of good men’ as may appear […] by their testimony’ and haue reported otherwyse than this proponent […]’ voluntary witnesses […] in this cause; and he propounds jointly, severally and concerning any part thereof.

3          Also, this party, in excepting, propounds against John Harrison and Anne Harrison that their testimony is null and void and not to be admitted in law but completely to be excluded and rejected inasmuch as they were and are accusers of this proponent and original sower and […] of discord between […] and this proponent and furthermore they are […] John Harrison is, or recently was, a servant and domestic of the said Alice Haselwall;  and he propounds jointly, severally and concerning any part thereof.

4          Also, that this party, in excepting, propounds against Alice Haselwall that the said Alice, forgetful of the welfare of her soul, being induced (as it is believed) by an evil spirit, in the months of November, December, January, February and March in the year of our Lord 1579, according to the computation of the English church, or any of those months whatsoever, in one or another, seriously and grievously defamed within the parish of Aldford and other parishes neighbouring the same, saying of the said Ellen maliciously and by reason of hatred ‘that shee’  meaning the said Ellen Barrowe ‘might well goo tryme and fyne in hir apparell for that Cristofer Haselwall husband to hir the said Alice Haselwall did paie for the neu hatte and kyrtell that shee the said Ellen Barrowe did weare’

Transcript

[1580/8 image 11]

In dei nomine Amen In quadam pretensa Cause diffamacionis siue turpis conuitij
que coram vobis venerabili viro Roberto Leche legum doctore
in Curia Consistoriali Cestrensi inter Aliciam Haselwall partem pretensam
Actricem et querelantem ex vna et Ellenam Barrow  partem
ream pretensam et querelatam partibus ex altera aliquandiu vertebatur
vertiturque adhuc et pendet indecisa Pars dicte Ellene Barrowe
ad omnem Juris et facti effectum exinde sequi valentem contra et aduersus
dictam Aliciam Hasselwall ac contra quemcunque alium pro eadem coram
vobis in Judicio Legitime interuenientem nec non contra Jacobum
Calueley Radulphum Churton Johannem Harrison et Annam Harrison
Testes pretensos ex parte dicte Alicie coram vobis taliter qualiter
immo nulliter productos admissos Juratos et examinatos super quodam pretenso
Libello ex parte dicte Alicie coram vobis  in hac parte dato et oblato
totalemque Intencionem eorum in eodem dicit allegat et in hijs scriptis
in Jure proponit coniunctim diuisim atque Articulatim prout sequitur

1          In primis pars ista excipiendo proponit contra predictos Jacobum Calueley
Radulphum Churton Johannem harrison et Annam Harrison quod eorum testi-
monium est nullum Invalidum ac de Jure non admittendum sed
omnino reprobandum et reijciendum pro eo videlicet et ex eo quod sunt  varij
vacillantes singulares Instructi subornati et in eorum depositi-
onibus inter se discrepantes vt in suis attestaccionibus plenius
liquet et apparet partisque eosdem producentis Intimi amici ac partis
istius proponentis capitales Inimici et ponit coniunctim diuisim et de quolibet

2          Item pars ista excipiendo proponit contra Jacobum Calueley et Radulphum
Churton quod eorum testimonium est nullum et invalidum ac de Jure
non Admittendum sed omnino reprobandum et reijciendum pro eo et ex eo
quod fuerunt et sunt familiares […]
partis eosdem producentis and were sent by Christofer Haselwall
husband to the plentyf of purpos to intrap this proponent in
hir speache and taulke […] was not the […] of good
men vt per eorum attestaciones[…] apparet and haue repor-
ted otherwyse than this proponent […]
voluntarij testes […]
in hac causa et ponit coniunctim diuisim ac de quolibet

3          Item pars ista excipiendo proponit contra Johannem Harison et Annam
Harison quod eorum testimonium est nullum et inualidum ac de
Jure non admittendum sed omnino reprobandum et reijciendum pro eo et ex
eo quod fuerunt et sunt accusatores istius proponentis et origi-
nales seminator et […] ac discordie inter […]
et istam proponentem suntque preterea […]
Johannes Harison est seu nuper fuit seruus atque domesticus
dicte Alicie Haselwall ponit coniunctim diuisim ac de quolibet

4          Item quod pars ista excipiendo proponit contra Aliciam Haselwall
quod dictam Aliciam Anime sue salutis Immemorem spiritu vt cre-
ditur maligno ductam mensibus nouembris decembris Januarij
februarij et Martij in Anno domini secundum compucationem Ecclesie Anglicane
1579 eorumue mensium quolibet vno siue aliquo Infra parochiam de
Auldford Cestrensis diocesis alijsque parochijs eidem convicinis grau-
iter et enormiter diffamauit dicendo malitiose et ex
causa odij de dicta Ellena that shee innuendo dictam Ellenam
Barrowe might well goo tryme and fyne in hir apparell
for that Cristofer Haselwall husband to hir the said Alice
Haselwall did paie for the neu hatte and kyrtell
that shee the said Ellen Barrowe did weare nonnullaque alia

Exceptions against the witnesses for the plaintiff (image 12)

Original Document

Click to view fullscreen

Translation

[1580/8 image 12]

and some other scandalous, disparaging and defamatory words similar in effect to these and importing the same effect the said Alice Hasselwall maliciously expressed and uttered of the same Ellen Barrowe before trustworthy witnesses, as will be proved in the event of this suit; and he propounds jointly, severally and concerning any part thereof.

5          Also, this party, in excepting, propounds against the said Alice Haselwall that the said Alice  seriously and grievously defamed the aforesaid Ellen Barrowe in the months of April, May, June, July and August in the year of our Lord 1579/80, now current, within the parishes aforesaid saying of the said Ellen maliciously and by reason of hatred ‘that shee’ meaning the said Ellen Barrowe ‘was naught and did kepe a naughti house and that shee had rather see hir house on a light fire than that euer she would com into the same and that she was the worsse the daye that she did see the said Ellin’ and the said Alice expressed and uttered  several other defamatory words similar in effect to these of the aforesaid Ellen, as will be proved by trustworthy witnesses; and he propounds as before.

6          Also, this party propounds that by occasion and reason of this defamation and the aforesaid defamatory words the standing and good fame of the said Ellen Barrow are seriously injured, blackened and lessened and among good and substantial people she is of less reputation and favour by reason of the premises; and he propounds as before.

7          Also, this party propounds that before this defamation and the utterance of the defamatory words and until then, the said Ellen Barrowe was a woman of good fame honest conversation and unblemished reputation, and previously in no way defamed among good and substantial people; and he propounds jointly, severally and concerning any part thereof.

8          Also that all and singular the premises were and are true, public, notorious, manifest and equally well-known and regarding and concerning this public voice and fame were and are circulating within the said parish of Aldford and other parishes surrounding the same.

Whereupon, due proof being made as required by law in this regard, the party of the said Ellen Barrowe prays that right and justice etc. and that the said Alice Hasselwall will be canonically punished for the assertion and declaration of the defamatory words aforesaid, and also that she will be condemned in the lawful costs incurred on the part of the said Ellen in this behalf (and he protests those to be incurred) by you, lord judge aforesaid, and making your definitive sentence in that behalf etc. not binding himself to proving all and singular the premises nor to all superfluous proofs, concerning which he protests, but so much as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, distinguished judge aforesaid; and he asserts the right of adding to, correcting and emending etc..

 

Transcript

[1580/8 image 12]

verba scandalosa vituperiosa et diffamatoria hijs in effectu quam similia
et eundem effectu Importantia dicta Alicia Haselwall malitiose
de eadem Ellenam Barrowe coram testibus fidedignis protulit
et emisit prout in euentu huius litis probabitur et ponit
coniunctim diuisim ac de quolibet

5          Item pars ista excipiendo proponit contra dictam Aliciam Haselwall
quod dicta Alicia predictam Ellenam Barrowe mensibus Apri-
lis Maij Junij Julij et augusti in anno domini 1580 Jam currenti
infra parochias predictas grauiter et enormiter diffamauit
dicendo malitiose et ex causa odij de dicta Ellena that
shee innuendo dictam Ellenam Barrowe was naught and did
kepe a navghti house and that shee had rather see hir
house on a light fire than that euer she would com
into the same and that she was the worsse the daye that
she did see the said Ellin, nonnullaque alia verba diffam-
atoria hijs in effectu quam similia dicta Alicia de predicta
Ellena protulit et emisit prout per testes fidedignos probabitur
et ponit vt supra

6          Item pars ista proponit quod occacione et pretextu huiusmodi diffamacionis et ver-
borum diffamatoriorum predictorum status et bona fama dicte Ellene
Barrowe grauiter leduntur denigrantur
et attenuantur et est inter bonos et graues minoris Repu-
tacionis et fauoris premissorum ratione et ponit vt supra

7          Item pars ista proponit quod dicta Ellena Barrowe ante huiusmodi
diffamationem et verborum diffamatoriorum predicacionem et vsque ad ea
fuit mulier bone fame conuersationis honeste et opini-
onis illese ac inter bonos graues prius minime
diffamata et ponit coniunctim diuisim ac de quolibet

8          Item quod premissa omnia et singula fuerunt et sunt vera publica
notoria manifesta pariter ac famosa ac de et super huiusmodi infra
dictam parochiam de Auldford et alijs parochijs eidem conuicinis
Laborarunt et Laborant publica vox et fama

Vnde facta
fide de Jure in hac parte requisita petit pars dicte Ellene
Barrowe Jus et Justiciam et cetera dictamque Aliciam Hasellwall
pro verborum diffamatoriorum predictorum assertione et predicacione canonice
puniri necnon in expencis legitimis ex parte dicte Ellene
in hac parte factis et protestatur de fiendis condemnari
per vos et vestram Sententiam diffinitivam in hac parte ferendam domine Judex
antedicte et cetera non arctans se ad omnia et singula premissa pro-
banda nec ad omnes superflue probaciones de quo protestatur
sed quatenus probauerit in premissis eatenus obtineat in
petitis Juris beneficio in omnibus semper saluo vestrum offi-
cium in premissis Judex egregie antedicte humiliter Imp-
lorando
et protestatur de addendo corrigendo et amendendo et cetera

Exceptions against the witnesses for the plaintiff (image 13)

Original Document

Click to view fullscreen

Translation

[1580/8 image 13]

[Endorsement]


[…] against Alice Haselwall in a cause of defamation 1580

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/8 image 13]

[Endorsement]

 […]
contra Aliciam
Haselwall in
causa diffamationis
1580

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Alice Haselwall– plaintiff

Christopher Haselwall– husband of the plaintiff

Ellen Barrowe – defendant

James Calveley – witness for the plaintiff

Ralph Churton – witness for the plaintiff

John Harrison – witness for the plaintiff

Anne Harrison – witness for the plaintiff

Ralph Huxley – mentioned in the depositions

John Catherall – mentioned in the depositions

Katherine Catherall – mentioned in the depositions

Officials

Robert Leche

Ref: EDC 5/1580/7

Catalogue Entry:

EDC 5 1580. 7. CHESTER (St Bridget) Alice Bostock c Roger Chauntrell of St Oswald for breach of contract – sentence.

Summary:

Alice Bostocke contra Roger Chauntrell

There is no note on the sentence that it has been read and issued, so it may be draft only. However, it does carry notes in the handwriting of Robert Leche, indicating that he had read it.

Year

1580

Type of Cause:

Matrimonial – enforcement of marriage contract

Cause Papers:

Sentence

Sentence (image 1)

Original Document

Click to view fullscreen

Translation

[1580/7 image 1]

In the name of God, Amen: the merits and circumstances of a certain pretended cause of matrimonial contract which was disputed for some time and is as yet disputed and pending undecided before us having been heard, seen, understood and fully investigated by us, Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court, rightly and lawfully proceeding, between Alice Bostocke of the parish of Saint Bridget in the city of Chester, the party plaintiff and complainant on the one part, and Roger Chauntrell of the parish of Saint Oswald of the city aforesaid, […]  party on the other part; and the parties aforesaid appearing rightly and lawfully before us namely the party of the said Alice Bostocke through Henry Pennant, notary public, her proctor according to the acts of the court, likewise the party of Roger Chauntrell appearing in person and through James Banester, his proctor previously lawfully appointed according to the acts of the court and not […] revoked; with the party of the said Roger Chauntrell praying that sentence is passed for him and that justice may be done to him, while the party of the said Alice also praying with no little urgency that justice may be done to her.

The whole and entire proceedings had and done in this cause having first been examined and diligently considered by us, and matters which according to law should be observed in this respect having been observed by us, we have thus thought fit to proceed to making the pronouncement of our definitive sentence or final decree in the said cause, and we do proceed in this manner which follows:

Forasmuch as we know and clearly find by the acts enacted, set forth, alleged and likewise proved in the cause aforesaid that the claim of the said Alice Bostocke in a certain pretended libel of hers or a certain pretended allegation of hers previously given and offered before us (the tenor of which libel or allegation, indeed, follows and is thus; In the name of God, Amen; before you, worshipful master Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court etc., which libel we hold and we wish to be held as here read and inserted) was wrongly and invalidly founded and has not been sufficiently proved at all but has completely failed in its proof of this.

Therefore we, Robert Leche, official aforesaid, having first called on the name of Christ, and setting and having God only before our eyes, and from and with the advice of the learned in the law with whom we have maturely

[In a different hand on a separate paper pinned to the sentence]

Matrimonial Cont Alice Bostocke
(Bostock) of the Parish of St Bridget Chester
v. Roger Chauntrell of the Parish of St
Oswald Chester

1580

Transcript

[1580/7 image 1]

In dei nomine amen Auditis Visis intellectis plenarieque discussis
per nos Robertum Leche Legum doctorem Curie Consistorialis
Cestrensis officialem principalem Legitime deputatum meritis
et circumstancijs cuiusdam pretense Cause Contractis matri-
monialis que coram nobis inter Aliciam Bostocke
parochie sancte Brigitte <in> Ciuitatis Cestrie  partem Actricem et
querelantem ex vna et Rogerum Chavntrell parochie Sancti
oswaldi Ciuitatis predicte <[…]>  partibus ex altera aliquandiu
vertebatur vertiturque adhuc et pendet indecise
rite et legitime procedentes partibus predictis coram nobis
rite et legitime videlicet parte dicte Alicie Bostocke
per Henricum Pennant notarium publicum eius apud
acta procuratorem parte vero Rogeri Chavntrell
personaliter et per Jacobum
Banister eius apud acta procuratorem <alias constitutum necnon […] revocatum> legitime com-
perentibus parte dicti Rogeri Chavntrell Sententiam pro se
ferri et Justiciam fieri parte vero dicte Alicie
Bostocke <sententiam etiam ferri> cum Instancia non
modica postulantibus

Rimato primitus per nos
toto et Integro processu in
huiusmodi Causa habita et facta ac diligenter recensito
seruatisque per nos in hac parte de Jure Servandis ad
nostre Sententie diffinitiue siue finalis decreti prolacionem in
dicta Causa <ferendam> sic duximus procedendum et procedimus
in hunc qui sequitur modum

Quia per acta
Inactita deducta allegata pariter et probata in Causa
predicta comperimus et luculenter Inuenimus
dictam Aliciam Bostocke Intencionem suam in quodam suo
pretenso Libello <seu quadam sua pretensa allegacione alias> coram nobis dato et oblato cuius qui-
dem libelli <seu allegacionis> tenor sequitur et est talis, In dei
nomine Amen coram vobis venerabili viro magistro
Roberto Leche Legum doctore Curie Consistorialis Cestrensis
officiali principali legitime deputato et cetera quem libellum
pro hic lectum et insertum habemus et habere volumus
nulliter et Inutiliter fundasse nullatenusque pro-
basse sed in probacione sua huiusmodi omnino defecisse

Idcirco nos Robertus Leche officialis antedictus
christi nomine primitus invocato ac illum solum deum
oculis nostris preponentes et prehabentes de et cum Con-
silio Jurisperitorum quibuscum in hac parte mature

[In a different hand on a separate paper pinned to the sentence]

Matrimonial Cont Alice Bostocke
(Bostock) of the Parish of St Bridget Chester
v. Roger Chauntrell of the Parish of St
Oswald Chester

1580

Sentence (image 2)

Original Document

Click to view fullscreen

Translation

[1580/7 image 2]

consulted in this behalf, dismiss, absolve and release the aforesaid Roger Chauntrell from the suit and instance, vexation and controversy in law by the said Alice Bostocke touching the matters set forth in the said libel or allegation and we pronounce and decree […] that the same is free, quit and discharged in that behalf by this our definitive sentence or this our final decree which we pass and publish in these writings.

Transcript

[1580/7 image 2]

communicauimus prefatum Rogerum Chavntrell ab
Instancia et impeticione vexacione et in Jure
controuersia dicte Alicie Bostocke <quoad deducta in dicto libello seu allegacione> dimittimus
absoluimus et relaxamus ac <eundem in ea parte> liberum quietum et
solutum esse <[…]> pronunciamus <et decernimus>
per hanc
nostram Sententiam diffinitivam siue hoc nostrum finale decretum
quam siue quod ferimus et promulgamus in hijs
scriptis

Sentence (image 3)

Original Document

Click to view fullscreen

Translation

[1580/7 image 3]

[Endorsement]

Sentence of Roger Chauntrell against Alice Bostock, 1580.

[in pencil in a different hand]

Chester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/7 image 3]

[Endorsement]

Sententia Rogeri
Chavntrell contra
Aliciam bostocke

1580

[in pencil in a different hand]

Chester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Roger Chauntrell – plaintiff

Alice Bostocke – defendant

Officials

Robert Leche

Ref: EDC 5/1580/6

Catalogue Entry:

EDC 5 1580. 6. CHESTER (St Oswald) John Vaudrey impropriator c Richard Webbe, William Janson sen and William Janson jnr for tithes – libel.

Summary:

John Vawdrey and Richard Vawdrey, gentlemen, farmers of the tithes of Saint Oswald contra Richard Webb, William Janeon the elder and William Janeon the younger

 

Year

1580

Type of Cause:

Tithes – pigs

Cause Papers:

Libel

Libel (image 1)

Original Document

Click to view fullscreen

Translation

[1580/6 image 1]

In the name of God, Amen; before you, worshipful Master Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court, or other judge whomsoever competent in this regard, the party of the distinguished John Vawdrey and Richard Vawdrey, gentlemen, farmers of all and singular tithes appertaining to the perpetual vicarage of the parish church of Saint Oswald of Chester against Richard Webb, William Janeon the elder and William Janeon the younger of the parish of Saint Oswald aforesaid and against any other person or persons whomsoever lawfully intervening before you in judgement for the same, by way of complaint and complaining to you in this behalf says, alleges and propounds in these writings in law in articles as follows:

1          Firstly, namely that the aforesaid John Vawdrey and Richard Vawdrey had and have lawfully acquired the farm of all and singular tithes appertaining to the perpetual vicarage aforesaid and having thus acquired it, possessed it peacefully and quietly for some space of time, just as (saving what is written below) they possess it at present, and the aforesaid John and Richard were and are commonly called, taken, deemed, named and openly, publicly and notoriously reputed as lawful farmers there; and he propounds jointly, severally and concerning any part thereof.

2          Also, that as well by common law, statutes and injunctions of this realm of England, as by ancient laudable and lawful prescribed custom, hitherto inviolably and steadfastly observed from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men and often upheld in judgment in a contested cause, the right of  receiving and having all and singular tithes, as well greater as lesser, mixed and minute appertaining to the perpetual vicarage aforesaid, appertains and belongs to the vicar there or any farmer of his whomsoever he may be at the time, just as it appertains and belongs at present to the current farmers there; and he propounds as before.

Transcript

[1580/6 image 1]

 In dei nomine Amen Coram vobis [venerabili] viro magistro [Roberto] leche legum
doctore Curie Consistorialis Cestrensis officiali principali legitime dep[utato]
seu alio Judice in hac parte competenti quocunque Pars discretorum virorum Johannes Vawdrey et Ricardi Vawdrey
generosorum firmariorum omnium et singulorum decimarum ad vicariam perpetuam Ecclesie parochialis Sancti Oswaldi Cestrie
pertinentium Contra et aduersus Ricardum Webb Willielmum Janeon seniorem et William Janeon Juniorem parochie Sancti
Oswaldi predicti ac contra quemcunque alium seu quoscunque alios Coram vobis <pro eisdem in Judicio legitime intervenientem per viam querele et> vobis in hac parte querelando
dicit allegat et in hijs scriptis in Jure proponit articulatim prout sequitur

[1]        Imprimis videlicet Quod Johannes Vawdrey et Ricardus Vawdrey fuerunt et sunt firmam omnium et singularum
decimarum ad vicariam perpetuam predictam pertinentium rite et legitime assecuti ipsam sic assectutam per nonnullum
temporis spacium pacifice et quiete possederunt prout (saluis infrascriptis) in presenti possident
fueruntque et sunt predici Johannes et Ricardus pro firmarijs ibidem legitimis communiter dicti tenti habiti
nominati et reputati palam publice et notorie Et ponit Coniunctim diuisim Et de quolibet

[2]        Item Quod tam de Jure communi Statutis et Iniunctionibus huius Regni Anglie quam de antiqua laudabili legitimeque
prescripta consuetudine a tempore et per tempus cuius Initij siue Contrarij memoria hominum non
existit hucusque inviolabiliter et inconcusse obseruata atque in Contradictorio Judicio sepius obtenta
Jus percipiendi et habendi omnes et singulas decimas tam maiores quam minores mixtas et minutas
ad vicariam perpetuam predictam pertinentem ad vicarium ibidem siue eius firmarium quemcunque pro tempore
existentem pertinuit et spectauit prout ad firmarios ibidem modernos in presenti pertinet et spectat Et
ponit vt supra.

Libel (image 2)

Original Document

Click to view fullscreen

Translation

[1580/6 image 2]

3          Also, that the aforesaid farmers and their precursors and predecessors each and every one of them in their successive times, for 10, 20, 30, 40, 50 and 60 years last past, and before and since and also from the time and throughout the time of the beginning or to the contrary of which there exists no memory of men, were, just as are at present, in peaceable possession, or virtually so, of the right of taking and having all and singular tithes, both greater and lesser, mixed and minute belonging to the vicarage aforesaid wherever, whenever and howsoever growing, proceeding or arising and they possessed them peacefully and quietly through themselves and their men, and freely disposed of them through the whole time aforesaid until the time of trouble described below; and he propounds as before.

4          Also, that Richard Webb who had no right or could have in any way in the said tithes or any parcel thereof, forgetful of the welfare of his soul, scorning the statutes of the realm set forth in that behalf and not fearing to fall under penalty of the law in the months of March, April, May, July, June, August, September, October, November, December in the year of our Lord 1580 now current or any of those months whatsoever, in one or another, had three sows grazing and sleeping within the parish aforesaid and the bounds and limits and the tithable places of the same and from the same he converted to his own use, reared and nourished  thirty piglets arising and renewing, born and bred; and this party propounds and articles of whatever other number of piglets greater, lesser or intermediate down to the number of seven piglets and of any other number of such and so great an amount as will be proved in the event of this suit; and he propounds as before.

5          Also, that the aforesaid William Janeon the elder in the months and year aforesaid  or any of those months whatsoever, in one or another, had three sows sleeping and grazing within the parish aforesaid and the bounds and limits and the tithable places of the same and from the same he reared and nourished  for his own use, thirty piglets arising and renewing, born and bred; and this party propounds and articles of whatever other number of piglets greater, lesser or intermediate down to the number of seven piglets and also of any other number of such amount as will be proved in the event of this suit; and he propounds as before.

Transcript

[1580/6 image 2]

[3]        Item Quod predicti firmarij eorumque predecessores et antecessores omnes et singuli eorum temporibus successiue
existentes a x xx xxx xl l et lx annis vltime elapsis vltraque et citra necnon a tempore et per tempus
cuius Initij siue contrarij memoria hominum non existit fuerunt prout in presenti sunt in pacifica possessione
seu quasi Juris percipiendi et habendi omnes et singulas decimas tam maiores quam minores mixtas et minutas
ad vicariam predictam pertinentes vbicunque quandocunque seu qualitercunque crescentes prouenientes seu contingentes easque
per se et suos pacifice et quiete possiderunt ac libere de eisdem disposuerunt per omne tempus predictum vsque
ad tempus gravaminis infrascriptum Et ponit vt supra

[4]        Item Quod Ricardus Webbe qui nihil Juris in dictis decimis aut aliqua inde parcella habuit {aut} aut aliqualiter
habere potuit anime sue salutis immemor Statuta regia in ea parte edita vilipendens et in penam Juris cadere non formidans mensis Martij Aprilis Maij Julij Junij Augusti Septembris Octobris Nouembris
Decembris et Januarij Anno domini 1580  iam currenti eorumve mensium quolibet vno siue aliquo habuit
infra parochiam predictam finesque et limites ac loca decimabilia eiusdem tres Sues pascentes et cubantes et ex
eisdem et in vsum suum proprium Conuertit Triginta porcellos contingentes et renouantes enatos et enixos eduxit
et nutruit Et ponit atque articulatur pars ista de quolibet alio numero porcellorum huiusmodi maiori minori seu
intermedio vsque ad numero septem porcellorum ac de tali et tanto numero quantus et qualis in eventu
huius litis probabitur Et ponit vt supra

[5]        Item Quod predictus Willielmus Janeon {Junior} senior mensis et Anno predictis eorumve mensium quolibet vno siue aliquo
habuit infra parochiam predictam finesque et limites ac loca decimabilia eiusdem tres Sues cubantes et pascentes
et ex eisdem Triginta porcellos contingentes et renouantes enatos et enixos in vsum suum proprium eduxit
et nutruit Et ponit atque articulatur pars ista de quolibet alio numero porcellorum huiusmodi maiori minori seu
intermedio vsque ad numero septem porcellorum necnon de tali et tanto numero qualis et quantus in
eventu huius litis probabitur Et ponit vt supra

Libel (image 3)

Original Document

Click to view fullscreen

Translation

[1580/6 image 3]

6          Also, that the aforesaid William Janeon the younger in the months and year aforesaid  or any of those months whatsoever, in one or another, had two sows sleeping and grazing within the said parish and the bounds and limits and the tithable places of the same and from the same he reared and nourished  for his own use, twenty piglets arising and renewing, born or bred; and this party propounds and articles of whatever other number of piglets greater, less or intermediate down to the number of seven piglets and also of any other number of such amount as will be proved in the event of this suit; and he propounds as before.

7          Also, that the true value or valuation of any piglet of the piglets aforesaid in the months and year aforesaid by common report of men notoriously amounted and amounts to the sum or value of 12d of lawful money of England, and this party propounds and articles of any other greater, lesser or intermediate sum whatever down to the sum of 6d for any piglet aforesaid and also of any other sum of such amount as will be proved in the event of this suit; and he propounds as before.

8          Also that the aforesaid Richard Webb, William Janeon the elder and William Janeon the younger have not paid the tithes in the premises to the aforesaid farmers, and duly asked in that respect, they have refused and refuse at present to pay the same tithes to the grave danger of their souls and the pernicious example of other Christian faithful and to no small prejudice and grievance of the said farmers; and he propounds as before.

9          Also, that the aforesaid Richard Webb, William Janeon the elder and William Janeon the younger were and are of the parish of Saint Oswald aforesaid and by reason thereof notoriously subordinate and subject to your jurisdiction; and he propounds as before.

10        Also, that all and singular the premises were and are true, public, notorious, manifest and equally famous, and public voice and fame were circulating, just as they are circulating at present, regarding and concerning the same.

Transcript

[1580/6 image 3]

6          Item Quod predictus Willielmus Janeon Junior mensis et Anno predictis eorumve mensium quolibet vno siue aliquo habuit infra dictam
parochiam finesque et limites ac loca decimabilia eiusdem duas Sues cubantes et pascentes et ex eisdem Viginti porcellos
contingentes et renouantes enatos seu enixos in vsum suum proprium eduxit et nutruit Et ponit atque articulatur pars ista
de quolibet alio numero porcellorum huiusmodi maiori minori seu intermedio vsque ad numero Septem porcellorum
necnon de tali et tanto numero qualis et quantus in eventu huius litis probabitur Et ponit vt supra

7          Item Quod verus valor siue Estimacio cuiuslibet porcelli porcellorum predictorum mensis et Anno predictis ad Summam
sive valorem xijd legalis monete Anglie communi hominum estimacione se extendebat et extendit
et ponit tamen et articulatur pars ista de qualibet alio Summa maiori minori seu intermedio vsque ad Summam
vjd pro quolibet porcello predicto necnon de tali et tanto Summa qualis et quantus in eventu huius
litis probabitur Et ponit vt supra 

8          Item Quod predicti Ricardus Webbe Willielmus Janeon senior et Willielmus Janeon Junior decimas ex premissis
non soluerunt predictis firmarijs Et que in ea parte debite requisiti easdem decimas soluere recusauerunt
et in presenti recusant in animarum suarum grave periculum et aliorum christifidelium perniciosum Exemplum dictorumque
fimariorum preiudiciam non modicum Et grauamen Et ponit vt supra

9          Item Quod predicti Ricardus Webbe Willielmus Janeon senior et Willielmus Janeon Junior fuerunt et sunt parochie Sancti
Oswaldi predicti in eo pretextu vestre Jurisdiccioni notorie subditi et subiecti  et ponit vt supra

10        Item Quod premissa omnia  et singula fuerunt et sunt vera publica notoria manifesta pariter et famosa
Et quod de et super eisdem laborarunt prout in presenti laborant  publica vox et fama

Libel (image 4)

Original Document

Click to view fullscreen

Translation

[1580/6 image 4]

Whereupon, due proof being made as required by law in this regard, the party of the said farmers prays that right and justice may be done and administered to him with effect in all and singular the premises and anything whatsoever concerning them, and that the said Richard Webb, William Janeon the elder and William Janeon the younger are condemned in the tithes aforesaid or in their true value and also in the lawful costs incurred on his part in this cause and he protests those to be incurred; and, having been condemned, that they are obliged and compelled by ecclesiastical censures to make real payment of the same by you and your definitive sentence, lord judge aforesaid; this party propounds the premises and prays that they are done jointly and severally, not binding himself to prove them all and singular, nor to the burden of a superfluous proof, against which he protests, but so far as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises; and this party asserts the right of adding to, correcting and amending etc.

Transcript

[1580/6 image 4]

Vnde facta
fide de Jure in hac parte requisita petit pars dictorum firmariorum Jus et Justiciam sibi in premissis
omnibus et singulis ac ea concernentibus quibuscunque fieri et ministrari cum effectu, dictosque Ricardum
Webbe Willielmum Janeon seniorem et Willielmum Janeon Juniorem in decimis predictis seu eorum vero valore
necnon in Expensis legitimis ex parte sua in huiusmodi causa factis et protestatur de fiendis condemnari condemnatos
que ad realem solucionem earundem per sensuras Ecclesiasticas cogi et Compelli per vos et vestram Sententiam
deffinitiuam domine Judex antedicte Premissa proponit et fieri petit pars ista Coniunctim et diuisim [non]
arctans se ad omnia et singula eadem probanda nec ad onus superflue probacionis de quo protestatur sed quatenus
probauerit in premissis eatenus obtineat in petitis Juris beneficio in omnibus semper saluo Vestrum officium in
premissis humiliter implorando Et protestatur pars ista de addendo corrigendo et emendando et cetera

Libel (image 5)

Original Document

Click to view fullscreen

Translation

[1580/6 image 5]

[Endorsement]

[…] farmers of the vicarage of Saint Oswald against Richard Webb and others, 1580.

[in pencil in a different hand]

Chester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/6 image 5]

[Endorsement]

[…] firmarij vicarie
Sancti oswaldi
contra Richard
Webbe et alias
1580

[in pencil in a different hand]

Chester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

John Vawdrey – plaintiff

Richard Vawdrey – plaintiff

Richard Webb – defendant

William Janeon the elder – defendant

William Janeon the younger – defendant

Officials

Robert Leche

Related Causes

EDC 5/1575/3 – John Vawdrey and Richard Vawdrey contra Ralph Calveley

Ref: EDC 5/1580/5

Catalogue Entry:

EDC 5 1580. 5. CHESTER James Bannister c Ellen Bannister alias Urmston for adultery and bastardy – libel, responsions, decree from York.

Summary:

James Banester contra Ellen Urmeston

Ellen Urmeston contra James Banester

James Banester tried to prevent Ellen Urmeston from bring an action against him, naming him as the father of her illegitimate child, by naming the man whom he thought to be the father and naming witnesses who had been told by Ellen that James was not the father. He also claimed that he should have been given the opportunity of clearing his name by compurgation. However, sentence was given in favour of Ellen and James was ordered to support the child. He appealed to York and an order was made to inhibit implementation of the sentence.

Year

1580

Type of Cause:

Immorality – acknowledgement of illegitimate child

Cause Papers:

Banester c. Urmeston
Libel
Additional positions

Urmeston c. Banester
Sentence
Miscellaneous (inhibition)

 

Banester c. Urmeston - Libel (image 1)

Original Document

Click to view fullscreen

Translation

[1580/5 image 1] 

In the name of God, Amen; before you, venerable Master Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court, or any other judge whomsoever competent in this regard, the party of the distinguished James Banester of the city of Chester against Ellen Urmeston of the same city and against any other person or persons whomsoever lawfully intervening before you in judgement for the same, by way of complaint and complaining to you in this behalf says and alleges and propounds in these writings in law in articles as follows: 

1          Firstly, namely that the aforesaid James Banester, for twenty years, ten years or at least five years last past was, just as he is at present, a man of good name, honest conversation and unblemished reputation and accused or defamed or detected of no crime, leastways of adultery, fornication or sexual incontinence and commonly called, held, deemed and reputed for such and as such among good and substantial people and others having sufficient knowledge of his life and conversation for the whole and entire time aforesaid; and he propounds jointly, severally and concerning any part thereof.

2          Also, that if and in so far as the aforesaid Ellen Urmeston has seriously defamed the same James Banester and has accused him of having recently begotten a female child from her body, the same Ellen should not and cannot burden the aforesaid James in that respect forasmuch as he, the aforesaid James, never had carnal knowledge of the said Ellen; and he propounds as before.

3          Also that the aforesaid James should not be adjudged as the natural father of the same child in as much ‘That the said Ellen when she <went> with the said childe in her wombe being charged by honest & credible persons to declare whoe war father of the same childe confessed that the said James was not the father thereof, and asked the same James then present forgiuenes for that she had wrongfullie & vntrulie accused him thereof and vtterred vnto him then the person that was the father of the same, requestinge the said James neuer to disclose the same person, for that if it were knowen the same person had begott her with childe she sholde be vtterlie shamed for euer for that she <stode> soe nere in affinitie vnto him’  And he propounds as before.

Transcript

[1580/5 image 1]

In dei nomine Amen Coram vobis [venerabili] viro magistro [Roberto] leche legum
doctore Curie Consistorialis Cestrensis officiali principali legitime deputato
aut alio Judice in hac parte competenti quocunque Pars discreti
viri Jacobi Banester Ciuitatis Cestrie contra et aduersus
Ellenam Urmeston eiusdem Ciuitatis ac contra quemcunque
alium seu quoscunque alios Coram vobis in Judicio pro eadem
legitime intervenientem per viam querele et vobis in hac parte
querelando dicit allegat et in hijs scriptis in Jure
proponit articulatim prout sequitur

1          Imprimis videlicet Quod predictus Jacobus Banester per viginti annos
decem annos seu saltem per Quinque annos vltimo elapsos
fuit prout in presenti est vir bone fame conuersacionis honeste
ac opinionis illese, et nullius Criminis saltem adulterij
fornicacionis vel incontinentie accusatus seu diffamatus vel
detectus proque tali et vt talis inter bonos et graues
et alios euis vite et Conuersacione sufficientem noticiam habentes
communiter dictus tentus habitus et reputatus pro toto et omni
tempore predicto Et ponit Coniunctim diuisim Et de quolibet

2          Item Quod si et quatenus predicta Ellena Urmeston eundem
Jacobum Banester grauiter diffamauit, ac prolem feminiam
ex corpore suo nuper procreasse accusauit, eadem Ellena
predictum Jacobum in ea parte onerare non debet neque potest, pro
eo videlicet et ex eo quod ipse prefatus Jacobus dictam Ellenam nunquam
carnaliter cognouit Et ponit vt supra 

3          Item Quod predictus Jacobus pater naturalis eiusdem prolis adiudicari
non debet pro eo videlicet et ex eo That the said Ellen when
she <went> with the said childe in her wombe beinge charged
by honest & credible persons to declare whoe war father
of the same childe confessed that the said James was not
the father thereof, and asked the same James then present
forgiuenes for that she had wrongfullie & vntrulie
accused him thereof and vtterred vnto him then the
person that was the father of the same, requestinge
the said James neuer to disclose the same person, for that
if it were knowen the same person had begott her
with childe she sholde be vtterlie shamed for euer for
that she <stode> soe nere in affinitie vnto him Et ponit
vt supra

Banester c. Urmeston - Libel (image 2)

Original Document

Click to view fullscreen

Translation

[1580/5 image 2]

[4]        […] ‘the spe[ce of] Eight [seven six] fyve foure three two or at least one whole weke about the same tyme that by possibilitie of nature and Computacion of tyme the said childe was begotten did nightlie lye in bed with one Thomas Wilson of the Citie of Chester Sheareman whoe hath & then had maried the suster of the said Ellen to the great offence of the neighbors of the said Thomas’ And he propounds as before.

5          Also That incase the said Ellen hath at any tyme fathered the said childe sithence it was borne vppon the said James Banester <in fact> the same fatheringe cannot in any wise profitt or availe her nor <be> hurtfull or preiudiciall to the said James, for that it was done in a place called Thelwall distaunt from the dwellinge house or abidinge place of the said James about xvj miles, without any Canonicall monicion giuen to the said James by the <Curat of the> same place, and in which place nether Sacramentes are ministred, matrimonies solemnized or the dead buried, where in verie dede by the laudable Custome of this dioces the same childe sholde haue bene fathered in the parishe churche of the said James and he sholde haue had <publique> monicion thereof <from his own Curat> by the space of one whole weke next before the doenge thereof to thintent he might haue vsed the benefite of Reclamacion[1] otherwise evill disposed women might & wolde father their children borne & begotten out of wedlock vppon suche persons as were giltles of the fact And he propounds as before.

6          Also, that the aforesaid James Banester was and is of the parish of Saint Oswald of the city of Chester and not of the chapelry of Thelwall, and he propounds as before.

Also, that all and singular the premises were and are true, public, notorious, manifest and equally famous, and public voice and fame were circulating, just as they are circulating at present, regarding and concerning this.

Whereupon, due proof being made as required by law in this regard, the party of the same James prays that right and justice may be done and administered to him in all and singular the premises

[1] Establishing innocence by claiming compurgation.

Transcript

[1580/5 image 2]

[4]        […] the spa[ce of] Eight [seven six] fyve
foure three two or at least one whole weke about
the same tyme that by possibilitie of nature and
Computacion of tyme the said childe was begotten
did nightlie lye in bed with one Thomas Wilson
of the Citie of Chester Sheareman whoe hath &
then had maried the suster of the said Ellen to
the great offence of the neighbors of the said
Thomas Et ponit vt supra

5          Item That incase the said Ellen hath at any tyme
fathered the said childe sithence it was borne
vppon the said James Banester <de facto> the same fatheringe
cannot in any wise profitt or availe her nor <be> hurtfull
or preiudiciall to the said James, for that it was
done in a place called Thelwall distaunt from the
dwellinge house or abidinge place of the said
James about xvj miles, without any Canonicall monicion
giuen to the said James by the <Curat of the> same place, and
in which place nether Sacramentes are ministred,
matrimonies solemnized or the dead buried, where
in verie dede by the laudable Custome of this
dioces the same childe sholde haue bene fathered
in the parishe churche of the said James and he
sholde haue had <publique> monicion thereof <from his own Curat> by the space of
one whole weke next before the doenge thereof
to thintent he might haue vsed the benefite of
Reclamacion otherwise evill
disposed women might & wolde father their children
borne & begotten out of wedlock vppon suche persons
as were giltles of the fact Et ponit vt supra

6          Item Quod predictus Jacobus Banester fuit et est parochie Sancti
Oswaldi Ciuitatis Cestrie et non Capellarie de Thelwall
Et ponit vt supra. 

Item Quod premissa omnia  et singula fuerunt et sunt vera
publica notoria manifesta pariter et  famosa Et quod
de et super eisdem laborarunt prout in presenti laborant
publica vox et fama

Unde facta fide de Jure
in hac parte requisita petit pars eiusdem Jacobi
Jus et Justiciam sibi in premissis omnibus et singulis

Banester c. Urmeston - Libel (image 3)

Original Document

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Translation

[1580/5 image 3]

and that he will be dismissed and absolved from the […] petition and […] unjust vexation by the same Ellen by you and your definitive sentence or final decree, together with his costs incurred and to be incurred in this cause, etc. this party propounds the premises and prays that they are done jointly and severally, not binding himself to prove all and singular the premises, nor to the burden of a superfluous proof, against which he protests, but so far as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises; and this party asserts the right of adding to, taking from and correcting at an agreeable and suitable place and time; And that he does not propound the premises to defame the same Ellen nor the aforesaid Thomas Wilson at all, but to use for his defence by remedy of law and not otherwise, in which sense and by no other premise he desires and wishes to be judged etc.

Transcript

[1580/5 image 3]

fieri et ministrari Seque ab […] impe[ticione ac] iniusta
vexacione eiusdem Ellene dimitti et abolui vnacum Expensis
suis in hac Causa factis et fiendis per vos et vestram Sententiam
diffinitivam siue finale decretum et cetera Premissa proponit et fieri
petit pars ista Coniunctim et diuisim non arctans se ad omnia et
singula premissa probanda nec ad onus superflue probacionis
de quo protestatur sed quatenus probauerit in premissis eatenus
obtineat in petitis Juris beneficio in omnibus semper saluo
Vestrum officium in premissis humiliter implorando Et
protestatur de addendo diminuendo et corrigendo pro
loco et tempore congruis et oportunis Et quod
premissa non proponit omnino eandem Ellenam nec predictum
Thomam Wilson diffamandi sed remedio Juris pro
sua defensione vtendi et non aliter in quo Sensu
et nullo alio premisso censeri cupit et vult et cetera 

Banester c. Urmeston - Libel (image 4)

Original Document

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Translation

[1580/5 image 4]

[Endorsement]

[…] Banester against Ellen Urmeston offered in the year 1580.

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/5 image 4]

[Endorsement]
[…]
Banester contra
Ellenam Vrmeston
oblat’ Anno 1580

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

Banester c. Urmeston - Additional Positions (image 5)

Original Document

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Translation

[1580/5 image 5]

Additional positions on behalf of James Banester against Ellen Urmeston in a cause of upkeep of a child, exhibited on the 15th day of April in the year 1580.

1          Item the party of the said James Banester propounds and articles ‘that’ Katherine Wright, wife of Roland Wright, met the said James Banester within 3 days after the examination of the said Ellen Urmeston held in that respect before the aforesaid Katherine Wright and Katherine Momforde, wife of David Momforde, and said these words which follow in English to the same James, namely ‘James’ meaning the said James Banester ‘we haue now found a nue father to the child’ meaningthe child now in question’ and the said James Banester, replying, asked ‘who is that ‘and the said Katherine Wright said ‘A knave that came from London with hir I thought it was not hir Chance[1] to haue so honest a man to to the father of the Child as you be’ or other words conveying the same effect; and he propounds jointly, severally and concerning any part thereof.

2          Also he propounds and articles ‘that the Comon speche in Chester is […] Thomas Wilson Brother in law to the said Ellen Vrmeston hath confessed that She the said Ellen came from London where She had dweled for the space of v years

[1] Chance = luck, fortune

Transcript

[1580/5 image 5]

Posi[tiones addi]cional[es] [ex parte Jacobi Banester]
contra Elen[am] Vrmeston in causa sustentacionis prolis

Exhibite xvo die mensis Aprilis Anno 1580

1          Item ponit et articulatur pars dicti Jacobi Banester that
Katherin Wright vxor Rouland Wright dedit obviam
dicto Jacobo Banester infra iijs dies post examinacionem
dicte Elene Vrmeston coram prefata Katherina Wright et
Katherina Momfurthe vxor David Momforde in hac parte
habitam et hec verba vt in anglicis sequntur eidem Jacobo
dixit videlicet James innuendo dictum Jacobum Banester
we haue now found a nue father to the child
innuendo the child now in question  Et dictus
Jacobus Banester respondendo interrogabat who is
that et dictam Katherinam Wright dixit A knave
that came from London with hir I thought it
was not hir Chance to haue so honest a man to
{to} the father of the Child as you be seu alia
verba eundem effectum et importantia Et ponit coniunctim
diuisim et de quolibet 

2          Item ponit et articulatur that the Comon speche in Chester
is […] Thomas Wilson Brother in law to
the said Ellen Vrmeston hath confessed that
She the said Ellen came from London where
She had dweled for the space of v years

Banester c. Urmeston - Additional Positions (image 6)

Original Document

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Translation

[1580/5 image 6]

[…] Credible […] vnto his the said Thomas his house on trenetye Sonday laste which was the xiiij daie of June laste[1] And the same  Child was borne the fyfte day of february then next followeng So that by that accompte the Childe was not in the mothers wombe eight monthes’ and he propounds as before.

Also he propounds and articles ‘that if the said Ellen may be hir self examined she will confesse the said James Banester was not acquainted with hir the said Ellen of a good tyme after hir Retorne from london’  and that he never knew her carnally as previously alleged; and he propounds as before.

Whereupon, due proof being made etc. he prays right and justice in the premises etc.

[1] Trinity Sunday 1579 was 14th June

Transcript

[1580/5 image 6]

[…] the Credible […] vnto his the said
Thomas his house on trenetye Sonday laste
which was the xiiij daie of June laste[1]
And the said  Child was borne the fyfte
day of february then next followeng So that
by that accompte the Childe was not in the
mothers wombe eight monthes et ponit
vt supra

Item ponit et Articulatur that if the said Ellen
may be hir self examined she will confesse
the said James Banester was not
acquainted with hir the said Ellen of
a good tyme after hir Retorne from london
Et quod nunquam cognovit ea carnaliter vt
preallegauit et ponit vt supra

Vnde facte
fide et cetera petit ius et iusticiam in premissis et cetera

[1] Trinity Sunday 1579 was 14th June

Banester c. Urmeston - Additional Positions (image 7)

Original Document

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Translation

[1580/5 image 7]

[Endorsement]

Additional positions on behalf of James Banester against Ellen Urmeston etc. 1580

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/5 image 7]

[Endorsement]

Positiones ad[ditionales]
ex parte Jacobi
Banester contra
Elenam Vrmeston
et cetera 1580

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

Urmeston c. Banester - Sentence (image 8)

Original Document

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Translation

[1580/5 image 8]

In the name of God, Amen: the merits and circumstances of a certain cause of affiliation or support of a child which was disputed for some time and is still disputed and pending undecided before us having been heard, seen and understood and fully investigated by us, Robert Leche, Doctor of Laws, lawfully deputed official principal of the Chester consistory court by the authority of the right reverend father in God, William, by divine mercy lord bishop of Chester, rightly and lawfully proceeding, between Ellen Urmeston, the party plaintiff and complainant on the one part, and James Banester of the city of Chester ‘Swerdberer’ of the parish of Saint Oswald of the city of Chester and of Chester diocese and jurisdiction, the defendant and party complained of on the other part; appearing sufficiently and lawfully before us in court; the party of the said Ellen Urmeston by the distinguished William Withens, her proctor previously appointed according to the acts of the court, likewise the party of the said James Banester appearing in person and by James Banester, notary public, his previously-appointed proctor;  the party of the said Ellen praying that sentence is passed and justice may be done to her party, while respectively the party of the said James Banester also praying with no little urgency that justice may be done to him.

The whole and entire proceedings had and done in this cause having first been examined and diligently considered by us, and matters which according to law should be observed in this respect having been observed by us, we have thus thought fit to proceed to the pronouncement of our definitive sentence in the afore-mentioned cause and between the parties aforesaid, and we do proceed in this manner which follows: 

Forasmuch as we find by the acts enacted, set forth, propounded, alleged and likewise proved that the aforesaid Ellen Urmeston  has attributed to and fathered upon the said James Banester, the defendant, a certain illegitimate child recently illicitly begotten and produced from the body of Ellen, by virtue of her corporal oath and has sworn with a sufficient number of women who have believed that the said Ellen has sworn a true oath in that behalf that the same James Banester is father of this child and the said James Banester has failed in proof of his material […] introduced in this cause and has failed […] with this court and that nothing effectual has been or is alleged, propounded or proved on the part or behalf of the said James which could destroy or in any way weaken the claim of the previously-libelled Ellen Urmeston.

Transcript

[1580/5 image 8]

In dei nomine Amen Auditis Visis Intellectis plenarie[que]
discussis per nos Robertum Leche Legum doctorem Curie Consistorialis
Cestrensis auctoritate Reuerendi in christo patris et domini domini Willielmi
miseratione diuina Cestrensis Episcopi officialem princi-
palem Legitime deputatum meritis et Circumstantijs cuiusdam
Cause filiationis siue Alimentacionis prolis que coram
nobis inter Ellenam Urmeston partem Actricem et
querelantem ex vna et Jacobum Banister <de Ciuitate Cestrie>
Swerdberer  parochie Sancti Oswaldi Ciuitatis
Cestrie <Cestrensis diocesis>  ac Jurisdiccionis partem ream et querelatam partibus
ex altera Aliquandiu vertebatur vertiturque adhuc
et pendet Indecise <rite et legitime procedentes> parte dicte Ellene Urmeston per
discretum virum Willielmum Withens eius apud acta
procuratorem <alias constitutum > parte vero dicti Jacobi Banister per se
et Jacobum Banister notarium publicum eius procura-
torem <alias constitutum> coram nobis In Judicio rite et legitime
comparentibus parte dicte Ellene Sententiam ferri et Justiciam
pro parte sue fieri parte vero dicti Jacobi Banister
Justiciam etiam <sibi> fieri cum Instantia non modicum <respectiue> postu-
lantibus

 Rimato primitus per nos diligenterque recen-
sito toto et Integro processu in huiusmodi Causa habita
et facto Servatisque per nos de Jure in hac parte seruandis
ad nostre Sententie diffinitiue prolacionem in memorata Causa
et inter partes predictas sic duximus procedendum et proce-
dimus in hunc qui sequitur modum

Quia per acta
Inactita deducta proposita allegata pariter ac probata
Invenimus predictam Ellenam Vrmeston
<prolem> quandam Spuriam <nuper> ex corpore
<ipsius Ellene illicite> procreatam <et genitam> medio cor-
porali suo juramento
<in dictum Jacobum Banester partem defendentem> filiasse et paternasse <eundemque Jacobum Banester patrem esse huiusmodi
prolis Jurasse cum sufficienti numero mulierum se dictam Ellenam verum in
hac parte Jurasse credere dictum iuramentum dictumque Jacobum in probacione materie sue defecisse
in hac causa interposite […] huius Curie […] defecisse nihilque effectuale ex parte et per
partem dicti Jacobi fuisse aut esse allegatum propositum et probatum quod intencionem prelibate>
Ellene Urmeston  elideret seu quomodolibet

Urmeston c. Banester - Sentence (image 9)

Original Document

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Translation

[1580/5 image 9] 

Therefore we, Robert Leche, Doctor of Laws, the official aforesaid, having first called upon the name of Christ, and setting God himself alone before our eyes, from and with the advice of the learned in the law with whom we have consulted in a timely manner in this behalf pronounce, decree and declare that the said James Banester is compelled to support and educate the same child for […] and we condemn the aforesaid James Banester in the lawful costs incurred and to be incurred on the part and behalf of the said Ellen Urmeston in this cause, to be taxed by us with the greatest moderation, and to the real payment of the same to the party of the said Ellen by this our definitive sentence or this our final decree which we pass and publish in these writings; but reserving taxation of these expenses to us or another judge competent in this behalf and we do reserve it.

This sentence was read and issued by the aforesaid judge in the presence of Randle Cotgrave, the principal registrar etc., sitting publicly and judicially in Chester cathedral church in the place of the consistory there on the second day of December 1580, then present there John Morgell, notary public, David Mountford of the city of Chester, John Yardley and Hugh Gillam, literate men, particularly called and summoned to the premises.

Transcript

[1580/5 image 9]

enervaret 

Idcirco nos Robertus Leche legum
doctor <officialis antedictus> christi nomine primitus Invocato ac ipsum solum deum
oculis nostris preponentes de et cum Consilio
Jurisperitorum quibuscum in hac parte <mature> communicauimus
<dictum Jacobum Banester> ad alimentandum et educandum eandem <prolem pro […] <compellendum fore […]>

predictumque Jacobum
Banister in Expensis Legitimis ex parte et per partem
dicte Ellene Vrmeston in hac <causa> factis et fiendis
<cum magna tamen moderacione per nos taxandis> ac ad realem Solucionem earu-
ndem parti dicte Ellene Condempnamus per hanc
nostram Sententiam diffinitivam siue hoc nostrum finale de-
cretum quam siue quod ferimus et promulgamus in
hijs Scriptis taxacionem vero huiusmodi Expensarum
nobis aut alio Judici in hac parte <competenti> reseruantes
et reseruamus

Lecta et lata fuit huiusmodi Sententia <per>
iudicem
antedictum in presentia magistri  Ranulphi Cotgreaue
Registrarij principalis et cetera publice pro tribunali in Ecclesie
cathedrali Cestrensi loco consistorio ibidem secundo die
decembris 1580 sedenti presentibus tunc
ibidem Johanne Morgell notorio publico David
Mountford Civitatis Cestrie Johanne Yardley
et Hugone Gillam literatis Testibus ad
premisis specialiter vocatis et requisitis

Urmeston c. Banester - Sentence (image 10)

Original Document

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Translation

[1580/5 image 10]

[Endorsement]

[…] Vrmeston […] James Banester in a cause of affiliation of a child exhibited 1580.

[in pencil in a different hand]

Chester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

 

Transcript

 

[1580/5 image 10]

[Endorsement]

[…]
Vrmeston […]
Jacobum Banaster
in causa filiationis
Prolis exhibit’
1580

[in pencil in a different hand]

Chester

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

Urmeston c. Banester - Inhibition (image 11)

Original Document

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Translation

[1580/5 image 11] 

Copy of the inhibition in respect of Banester

The official of the revered consistory court of York, lawfully appointed, to all and singular clerks and literate men whomsoever throughout the diocese and province of York in any place appointed, greeting.

Since a certain James Banester of the city of Chester, of Chester diocese and the province of York, sword-bearer, thinking and perceiving himself and his party, invalidly, wrongly and unjustly decreed and adjudged by promulgation of a certain pretended definitive sentence (if it deserves to be so called), both wrongful in law and completely contemptuous and neglectful of judgements, invalidly and unjustly issued and published against his party by the venerable Master Robert Leche, Doctor of Laws, pretended official principal of the right reverend father in God, William, by divine mercy lord bishop of Chester in a certain pretended cause of affiliation or support of a child on the part and behalf of a certain Ellen Urmston, the party plaintiff and pretended complainant on the one part and the aforesaid James Banester, the defendant and party complained of on the other part, in some way directed and instituted, through the which pretended sentence the said James Banester is to be compelled to feed and educate a certain illegitimate child unlawfully born of the body of her, Ellen, at the false petitions and persuasions of the said Ellen Urmeston, while through other matters and proofs he is able to show or declare some other man to be deemed and reputed as the father of the same child; 

and also from the costs incurred and to be incurred on the part and behalf of the said Ellen in the said pretended cause, although to be taxed with the greatest moderation, and the real payment of the same to the party of the same Ellen, to which he also wrongly, invalidly and unjustly condemned the aforesaid James unduly and unjustly to be burdened, to the manifest abuse of law and to the no small prejudice, loss and damage of the said James and also fearing and dreading that he could be annoyed and burdened in future and he has appealed to us and our revered consistory court of York aforesaid from the same sentence as unfairly and unjustly issued, and he has complained chiefly of the invalidity of the said sentence and the process had and done in the said pretended cause

Transcript

[1580/5 image 11] 

Copia Inhibicionis pro Banester

Officialis alme curie consistorialis Ebor’ legitime deputatus
Vniversis et singulis clericis et literatis quibuscunque per diocesem
et provinciam Eboracensem ubilibet constitutis Salutem

Cum quidam Jacobus
Bannester de Ciuitate Cestrie Cestrensis diocesis Eboracensisque
provincie Ensiferus sentiens et percipiens se et partem suam
ex prolacione cuiusdam pretence sentencie diffinitive
(si ita dici mereatur) contra partem suam per venerabilem
virum magistrum Robertum Leech legum doctorem officialem
pretensum principalem Reverendi in christo patris et domini domini
Willielmi miseracione divina Cestrensis Episcopi nulliter et
inique late et promulgate in quadam pretensa causa
filiacionis siue alementacionis prolis coram eo ex parte
et per partem cuiusdam Elene Urmeston partis actricis
et querelantis pretense ex vna contra prefatum Jacobum
Bannester partem ream et querelatam ex altera taliter
qualiter intentata et instituta per quam quidam pretensam
sententiam dictum Jacobum Bannester ad alimentandum et educandum
quandam prolem spuriam ex corpore ipsius Ellene illicite
natam compellendum fore donec per alia et probalia documenta
ostendere seu declarare poterit aliquem alium virum habendum
fore et reputandum debere pro patre eiusdem prolis ad subdolas
peticiones et perswasiones dicte Elene Urmeston nulliter
perperam et inique Juris et iudiciorum ordine spreto penitus
et neclecto decreuit et adiudicauit 

Predictumque Jacobum
ne ex expensis ex parte aut per partem dicte Elene in dicta
pretensa causa factis et fiendis magna tamen moderacione
taxandis et ad realem eorundem solucionem parti euisdem Elene
etiam perperam nulliter inique condempnauit in iuris Iniuriam
manifestam dictique Jacobi preiudicium dampnumque non modicum
et gravamen indebite et iniuste pregravari ac plus
timens et metuens se ledi posse et gravari in futurum

Ac nos et Almam curiam consistorialem Ebor’ predictam ab eadem sentencia
tanquam inique et iniuste lata appelauit Et eaque prin-
cipaliter de nullitate dicte sentencie et processus
in dicta pretensa causa habito et facto querelatus fuerit

Urmeston c. Banester - Inhibition (image 12)

Original Document

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Translation

[1580/5 image 12] 

We therefore command you to inhibit the aforesaid Robert Leche, Doctor of Laws, official aforesaid, and the scribe or scribes of his acts and in particular the said Ellen and also in general all others whom the law requires to be inhibited in this respect, whom we also inhibit by the tenor of these presents, nor in any way while this suit is pending should they or any of them attempt or cause to be attempted anything to the prejudice of the said party appellant so that he, the party appellant, may have the freedom to pursue this appeal and business of complaint, as is just. In addition that you cite or cause to be cited peremptorily Ellen Urmeston, that she should appear before us or any deputy of ours whomsoever in the cathedral and metropolitan church of York in the place of the consistory there on Thursday, in the third week of Lent next to come after the date of these presents between the ninth and eleventh hours before noon of the same day, to answer according to justice to the aforesaid party appellant in this, his appeal and business of complaint, and in all things to submit to law; and what you do in the premises you should duly certify together with these presents to us or any deputy of ours whomsoever on the said day, time and place. This our mandate was executed given at York under our seal which we use in this behalf on the 23rd day of January in the one thousand five hundred and eightieth year of our Lord[1], according to the system and computation of the English church.

[1] This is 1581, according to the Gregorian calendar in use today. Thursday in the third week of Lent in 1581 would have been 2nd March.

Transcript

[1580/5 image 12]

Vobis igitur mandamus quatenus prefato Roberto Lech legum
doctori officiali antedicto eiusque actorum scribe seu scribis
ac dicte Elene in specie necnon omnibus alijs quibus ius
exigit in hac parte inhiberi in genere inhibeatis quibus
nos etiam tenore presentium inhibemus ne quicquam in preiudicium
dicte partis appellantis pendente lite huiusmodi attemptent seu
attemptet eorum aliquis faciantue aut faciat quomodolibet
attemptari quo minus ipsam pars appellans liberam habeat
huiusmodi appellacionem et querele negotium prosequendi
facultatem prout iustum fuerit Citetis insuper seu
citari faciatis peremptorie prefatam Elenam Urmeston
quod compareat coram nobis seu deputato nostro quocunque
in Ecclesia cathedrali et metropolitana Ebor’ loco consistorio ibidem
die Jouis in tertia septimana quadragesime proximo
futuro post datum presentium inter horas nonam et vndecimam
ante meridiem eiusdem diei Prefate parti appellanti
in huiusmodi suo appellacionis et querele negotio de
iusticia Responsurum ac Juri per omnia pariturum Et quid
in premissis feceritis nos seu deputatum nostrum quemcunque
dictis die horis et loco debite certificetis ille vestrum
qui presens hoc nostrum mandatum fuerit exequutus Datum
Eborac’ sub sigillo nostro quo in hac parte vtimur xxiijo
die Januarij Anno domini Millesimo quingentesimo
octogesimo secundum cursum et computacionem ecclesie
Anglicane

Urmeston c. Banester - Inhibition (image 13)

Original Document

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Translation

[1580/5 image 13]

[Endorsement]

Executed on the third day of February 1580.

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved

 

Transcript

[1580/5 image 13]

[Endorsement]

execut’ Tercio die
Februarij 1580 

[Produced with the permission of the Chester Diocesan Board of Finance.]

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Banester c. Urmeston
James Banester – plaintiff
Ellen Urmeston – defendant
Hugh Gillam – witness to the sentence
Katherine Momforde – mentioned in the additional positions
John Morgell – witness to the sentence
David Mountford – witness to the sentence
Thomas Wilson – brother-in-law of Ellen Urmeston
Katherine Wright– mentioned in the additional positions
John Yardley – witness to the sentence

Urmeston c. Banester
Ellen Urmeston – plaintiff
James Banester – defendant

Officials

Robert Leche