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

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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

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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

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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

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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

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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

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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

Click to view fullscreen

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

Click to view fullscreen

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

Click to view fullscreen

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

Click to view fullscreen

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

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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

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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 5/1575/2

Catalogue Entry:

EDC 5/1575/2 CHESTER (Watergate Street) Rose Smith c Elena Bannicle calling her whore and unfit to speak to any woman – libel, depositions.

Summary:

Ellen Bamvile contra Rose Smith.

The libel, giving the words complained of has not survived, but witnesses deposed that Rose called Ellen ‘bawdrie whore’ ‘not mete to kepe companie with any honest women’ and said that she accused her of an illicit relationship with her husband.

Depositions on the libel (image 1)

Original Document

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Translation

[1575/2 image 1]

 […] of Oliver Smith […] and offered in a cause of defamation, taken before the venerable Master Robert Leche, Doctor of Laws, 22nd of June 1575.

Adam Johnson of the parish of Holy Trinity within the city of Chester, draper, his age about 33 years, has known the plaintiff for about 16 years and the defendant for a similar time, or longer.

 To the first article he says that he believes it to be consonant with law and equity.

 To the 2nd article This deponent saieth that he vppon sundaie ether fortnight or thre wekes before Sundaie last sitting in <a certen> Settell by the defendantes husbandes dore <in Chestre> together with Saolomon Smith sonne to the said defendantes husband, & the plaintiff & this deponentes weif  <sytting the same tyme> ouer against this deponentes owne dore <being next howse adioning to ye defendents husbands house>, the defendent came furth of her husbandes house & set her downe in another Settell nere <to> the <place where ye> plaintiff & this deponentes weif <were setting> And when she had <satte> there a litle while she called vnto her Prudence Smith one of her husbandes doughters & said <alowde> doest not thou see these bawdrie[1] whores howe they sitt here to countenaunce me & these naughtie[2] Jades[3] & other reprochfull wordes <she vsed meaning the same plaintiff and this deponentes wief for this deponent sayth there were none other women then & there nere them> that she cold meane saving William browne his maide wherevppon this deponent said to the said Salomon Smith, this is an evill hearing to heare your mother speake so farre out of order by her neighbors, for she spake that the plaintiff & this deponentes weif did <or might> heare her. And this deponent being therwith greved departed because he cold not abide to heare suche disorderly talke otherwise he says that he knows nothing to depose.

To article 3 he says that he doethe verely beleue that the good name of the plaintiff is muche impaired by reason of the <said wordes spoken as deposed as above> & the rather because this deponent hath certenly heard of his neighbors that the defendent hath sclaundred the said plaintiff diuers & sundrie tymes calling her whore & errand[4] whore

[1] Bawdry – immoral, sometimes implying connection to a brothel.

[2] Naughty or naught- here means immoral.

[3] Jade -a term of condemnation usually only applied to women.

[4] Probably for ‘errant’ meaning arrant = notorious or ‘common’.

Transcript

[1575/2 image 1]

[…] Oliueri Smith in causa
diff[amacionis] […] et oblato
capta coram venerabli
viro M[agistro] Roberto Leche legum doctore
xijo Junij 1575

Adamus Johnson parochie Sancte Trinitatis infra Civitatem Cestrie draper
etatis sue circiter xxxiij annos nouit partem agentem circiter
xvj annos et partem defendentem similiter vel vltra

 Ad primum articulum dicit quod credit eundem esse consonum Juri et
equitati

 Ad ijd articulum This deponent saieth that he vppon sundaie
ether fortnight or thre wekes before Sundaie last
sitting in <a certen> Settell by the defendantes husbandes dore <in Chestre> together
with Saolomon Smith sonne to the said
defendantes husband, & the plaintiff & this deponentes weif
<sytting the same tyme> ouer against this deponentes owne dore <being next howse adioning to ye defendents husbands house>, the defendent
came furth of her husbandes house & set her
downe in another Settell nere <to> the <place where ye> plaintiff & this
deponentes weif <were setting> And when she had <satte> there
a litle while she called vnto her Prudence Smith
one of her husbandes doughters & said <alowde> doest not
thou see these bawdrie[1] whores howe they sitt
here to countenaunce me & these naughtie[2] Jades[3]
& other reprochfull wordes <she vsed meaning the same plaintiff and this deponentes wief for
this deponent sayth there were none other women then & there nere them>
that she cold meane saving William browne his maide wherevppon this
deponent said to the said Salomon Smith, this
is an evill hearing to heare your mother speake
so farre out of order by her neighbors, for she
spake that the plaintiff & this
deponentes weif did <or might> heare her. And this deponent
being therwith greved departed because he cold
not abide to heare suche disorderly talke alias dicit
quod nescit deponere.]

Ad iij articulum dicit that he doethe verely beleue that the
good name of the plaintiff is muche impaired by reason of the
<said wordes spoken as deposed vt supra > & the rather because this deponent
hath certenly heard of his neighbors that
the defendent hath sclaundred the said plaintiff diuers &
sundrie tymes calling her whore & errand[4] whore

[1] Bawdry – immoral, sometimes implying connection to a brothel.

[2] Naughty – here means immoral.

[3] Jade -a term of condemnation usually only applied to women.

[4] Probably for ‘errant’ meaning arrant = notorious or ‘common’.

Depositions on the libel (image 2)

Original Document

Click to view fullscreen

Translation

[1575/2 image 2]

[…]  & is a verie honest
gentleman […] <as above deposed>doeth th[ink] that she wold haue bene loth to haue complayned but that she <hath> bene so oft sclaundred by her <the said Rose smythe>, that if she shold suffer from tyme to tyme as she hath done <it myght happen to be thought> that there were some matter why she durst not shewe her greif

To 5 he says that the same is true.

To 6 he believes that the same is true.

To the last he says that the things deposed before by him are true and that fame is circulating about this.

by me Adam Johnson [signed]

Katherine Johnson, wife of Adam Johnson the previous witness, her age is about 23 years, has known the plaintiff about 3 years and the defendant 5 or 6 years.

To the first article she believes that the same is true.

To the 2nd article This deponent saieth that diuers & sundrie tymes she hath heard the defendant raile[5] against the plaintiff in calling her whore & saieng that she was not mete[6] to kepe companie with any honest women And further saieth that the defendant spake to this deponent vppon a tyme & said, katherine did not you see what countenaunce yonder whore (meaning the plaintiff) beared towardes my husband as they sat together And this deponent answered & said she sawe not And she the defendant said agayne yf you had marked it aswell as I you shold haue sene it.

[5] Rail – to utter abusive language.

[6] Meet – suitable or appropriate

Transcript

[1575/2 image 2]

[…]  & is a verie honest
gentleman […] <as above deposed>
doeth th[ink] that she wold haue bene loth to haue
complayned but that she <hath> bene so oft sclaundred
by her <the said Rose smythe>, that if she shold suffer from tyme to
tyme as she hath done <it myght happen to be thought> that
there were some matter why she durst not
shewe her greif

Ad v dicit eundem esse verum.

Ad vj credit eundem esse verum.

Ad vltimum dicit predeposita per eum esse vera et famam super huiusmodi laborare.]

by me Adam Johnson [signed]

Katherine Johnson vxor Adami Johnson precontestis sui etatis sue circiter
xxiij annos nouit partem agentem circiter iij annos et partem
defendentem v vel vj annos

Ad primum articulum credit eudem esse verum

Ad ijd articulum This deponent saieth that diuers & sundrie
tymes she hath heard the defendant raile[5] against the
plaintiff in calling her whore & saieng that she was
not mete[6] to kepe companie with any honest women
And further saieth that the defendant spake to this
deponent vppon a tyme & said, katherine did not you see
what countenaunce yonder whore (meaning the plaintiff)
beared towardes my husband as they sat together
And this deponent answered & said she sawe
not And she the defendant said agayne yf you had
marked it aswell as I you shold haue sene it.

[5] Rail – to utter abusive language.

[6] Meet – suitable or appropriate.

Depositions on the libel (image 3)

Original Document

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Translation

[1575/2 image 3]

[…] And further […] depose concerning this article of her owne knoledge

To article 3 she says that this deponent hath heard the said Rose Smith diuers & sundrie tymes speake such reprochfull wordes by the said plaintiff that she beleueth the good name of the plaintiff is much impaired by occasion of the same evill wordes pronounced & spoken by the defendant amonges her neighbors

To 4 she says that the said plaintiff was taken & reputed for an honest gentlewoman for any thing this deponent heard but only by the defendant

To 5 she says that the same is true.

To 6 she says that she believes the same to contain the truth in it.

To the last she says that the things deposed before by her are true and that fame is circulating about this.

 Elizabeth Johnson, widow, her age about 60 years, of the parish of Holy Trinity, has known the plaintiff about 12 years and the defendant about 20 years.

To the first article she says that she believes the same to be true and consonant with law.

To the 2nd article she says that the said defendant hath reported diuers & sundrie tymes to this deponent that the said plaintiff was not an honest woman & hath called her whore & <hath said to this deponent> that she liked not the countenaunce betwene the defendantes husband & the plaintiff, & saieth further that she this deponent hath heard the defendant speake these wordes or the like within Trinitie parishe in Chester diuers & sundrie tymes in the presence of diuers persons whom she toke no hede to of late tyme & a good while agoe otherwise she knows nothing to depose.

Transcript

[1575/2 image 3]

[…] And further […] depose concerning
this article of her owne
knoledge

Ad iij articulum dicit that this deponent hath heard the
said Rose Smith diuers & sundrie tymes speake such
reprochfull wordes by the said plaintiff that she beleueth
the good name of the plaintiff is much impaired by occasion
of the same evill wordes pronounced & spoken by
the defendant amonges her neighbors

Ad iiij dicit that the said plaintiff was taken & reputed
for an honest gentlewoman for any thing this
deponent heard but only by the defendant

Ad v dicit eundem esse veru

Ad vj dicit quod credit eundem continere in se veritatem 

Ad vltimum dicit predeposita per eam esse vera et famam super huiusmodi laborare .

 Elizabeth Johnson vidua etatis sue circiter lx annos parochie Sancte Trinitatis
nouit partem agentem circiter xij annos et partem defendentem
xx annos

Ad primum articulum dicit quod credit eundem esse verum et Juri
consonum.

Ad ijd articulum dicit that the said defendant hath reported
diuers & sundrie tymes to this deponent that the
said plaintiff was not an honest woman & hath called
her whore & <hath said to this deponent> that she liked not the countenaunce
betwene the defendantes husband & the plaintiff, & saieth further that she
this deponent hath heard the defendant speake these
wordes or the like within Trinitie parishe in Chester
diuers & sundrie tymes in the presence of diuers
persons whom she toke no hede to of late tyme
& a good while agoe alias nescit deponere.

Depositions on the libel (image 4)

Original Document

Click to view fullscreen

Translation

[1575/2 image 4]

To article 3 she says […] knewe nor heard any thing by […] then honest & good Saving [that] the said Rose Smith hath reported as she has deposed above otherwise she refers herself to the matters deposed before.

To 5 and 6 she says that she believes the same to be true.

To the last she says that the things deposed before by her are true and that fame is circulating about this.

Alice Massey, wife of William Massey, of the parish of Holy Trinity, her age about 34 years, has known the plaintiff about 12 years and the defendant about 16 years.

To the first article she says that she believes it to be consonant with law and equity.

Ad ijd articulum [To the 2nd article] This deponent saieth that vppon a Sundaie or hollie daie within this moneth or vj wekes last past this deponent & the weif of Thomas Tetlowe merchaunt & the plaintiff were sitting together in the Roe[7] nere vnto the defendantes husbandes dore, as neighbors commonly vse to mete & sitt in the same Roe and the said Rose Smith came furth and sat downe vppon a Settell nere by & when she had sitt there a while she rose & goeng awaie said alowd, doe you not see howe they bring an errand whore to face me & so went into her husbandes house againe, meaning as this deponent verely beleueth in her conscience, the said plaintiff, because this deponent hath diuers & sundrie tymes heard the defendant report evill of the plaintiff & call her whore otherwise she knows nothing to depose.

To 3 and 4 she says that this deponent <neuer heard nor> knoweth but the said plaintiff is an honest gentlewoman saving by the report of the defendant

To 5 and 6 she says that she believes that the same are true.

To the last she says that the things deposed before by her are true and that fame is circulating about this.

[7] The Rows comprise multi-storey properties of a design unique to Chester and many of these properties can still be seen in the centre of the city. Most of the premises have an undercroft, often partly below ground level The ground floor is either a shop or other commercial premises, set back from the street and fronted by a gallery. These galleries form the base of a covered walkway above, giving access to the first floor.

Transcript

[1575/2 image 4]

Ad iij [articulum dicit] […]knewe nor heard any
thing by […] then honest & good
Saving [that] the said Rose Smith hath
reported vt supra deposuit aliter
refert se ad predeposita.

Ad v et vj dicit quod credit eosdem esse

Ad vltimum dicit predeposita per eam esse vera et famam super huiusmodi
laborare.

Alicia Massie vxor Willelmi Massie parochie Sancte Trinitatis etatis
sue circiter xxxiiijor annos nouit partem agentem circiter
xij annos et partem defendentem circiter xvj annos

Ad primum articulum dicit quod credit eundem esse consonum Juri
et equitati.

Ad ijd articulum This deponent saieth that vppon a
Sundaie or hollie daie within this moneth or
vj wekes last past this deponent & the weif
of Thomas Tetlowe merchaunt & the plaintiff
were sitting together in the Roe[7] nere vnto the
defendantes husbandes dore, as neighbors commonly
vse to mete & sitt in the same Roe and
the said Rose Smith came furth and sat downe
vppon a Settell nere by & when she had
sitt there a while she rose & goeng
awaie said alowd, doe you not see howe they
bring an errand whore to face me & so went
into her husbandes house againe, meaning
as this deponent verely beleueth in her
conscience, the said plaintiff, because this deponent
hath diuers & sundrie tymes heard the defendant
report evill of the plaintiff & call her whore  alias
nescit deponere .

Ad iijd et iiij dicit that this deponent <neuer heard nor> knoweth
but the said plaintiff is an honest
gentlewoman saving by the report of the defendant

Ad v et vj dicit quod credit eosdem esse veros.

Ad vltimum dicit predeposita per eam esse vera et famam super huiusmodi
laborare.

[7] The Rows comprise multi-storey properties of a design unique to Chester and many of these properties can still be seen in the centre of the city. Most of the premises have an undercroft, often partly below ground level The ground floor is either a shop or other commercial premises, set back from the street and fronted by a gallery. These galleries form the base of a covered walkway above, giving access to the first floor.

Depositions on the libel (image 5)

Original Document

Click to view fullscreen

Translation

[1575/2 image 5]

Elizabeth Bristowe wife of […], of the parish of Holy Trinity within the city of Chester, her age about 34 years, has known the plaintiff about 10 years and has known the defendant well for about 5 or 6 years.

To the first article she says that she believes it to be consonant with law and equity.

To the 2nd article she says That the defendant in communicacion betwene her & this deponent hath reported evill by the said plaintiff calling her whore & saieng that she was informed that her husband & the said plaintiff had bene nought together this deponent saieth that she wold be loth to haue vttered this but because of her othe sake And being examined vppon the rest of the articles saieth she cannot depose any thing materiall Saving she knoweth not nor hath heard but of the defendant, but the plaintiff is a verie honest woman & so reputed & taken amonges her neighbors otherwise she knows nothing to depose].

 

Transcript

[1575/2 image 5]

Elizabeth Bristowe vxor […] parochie Sancte Trinitatis
infra Civitate[m Cestrie etatis] sue circiter xxxiiijor
annos nouit partem [agentem ci]rciter x annos et partem
defendentem circiter v vel vj annos bene nouit

Ad primum articulum dicit quod credit eundem esse consonum Jurique
equitati

Ad ijd articulum dicit That the defendant in communicacion betwene
her & this deponent hath reported evill by the said
plaintiff calling her whore & saieng that she was
informed that her husband & the said plaintiff had bene
nought together this deponent saieth that
she wold be loth to haue vttered this but
because of her othe sake And
being examined vppon the rest of the articles saieth
she cannot depose any thing materiall Saving
she knoweth not nor hath heard but of the
defendant, but the plaintiff is a verie honest woman &
so reputed & taken amonges her neighbors alias
nescit deponere.]

Depositions on the libel (image 6)

Original Document

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Translation

[1575/2 image 6]

[Endorsement]

Ellen Bamvile against Rose Smith, 1575.

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

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1575/2 image 6]

[Endorsement]

[Ellena Bam]vile contra Roseam Smith 1575

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

Transcript copyright ©2022 P J Cox All Rights Reserved

 

Exceptions to the witnesses on the libel (image 7)

Original Document

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Translation

[1575/2 image 7]

At Chester on Thursday, namely the 6th day of October 1575

[Marginal note]

Rose Smith against Ellen Bamvile in a cause of defamation

On which day John Prichard, in the name of proctor, and as lawful proctor of the said Rose Smith, in every better and more effective way, manner and form of law by which, in law, he has been or should be or is best or most effectively able and for every consequence of law that can follow thereupon in any way, says, alleges and in these writings propounds in law in articles as follows:

1          Firstly, namely that no credit, at least sufficient in law, was or is to be attached in any way in law to the pretended statements or depositions of Adam Johnson, Katherine Johnson, his wife, Elizabeth Johnson, Alice Massie and Elizabeth Bristowe, pretended witnesses on behalf of the said Ellen Bamvile, of and upon a certain pretended libel given and propounded in this court in whatever way produced, sworn and examined, inasmuch as all and singular the same pretended witnesses for the whole and entire time and place or places of their pretended production, reception, admission,  oath-swearing and examination had and done in fact in this matter were and are in their aforesaid pretended statements and depositions conflicting, vacillating, singular and inconsistent among themselves and they contradict themselves and are incompatible, not provable, at least sufficiently, on account of whom or what they were produced to prove, just as will be proved both from their pretended statements and depositions and from other lawful proofs in the event of this suit; and he propounds jointly, severally and concerning any part thereof.

2          Also that no credit, at least sufficient in law, was or is to be attached in law in any way to the pretended statements or depositions of the said pretended witnesses inasmuch as  all and singular the said pretended witnesses for the whole and entire time and place or places aforesaid and before and since were, just as they are at present, the greatest friends of the party producing them and her supporters and promoters of this cause and detractors of the said Ellen Bamville and of her good fame, malevolent and defamers, and such as regarded the said Ellen with the utmost hatred before the beginning of this suit, and voluntarily and without compulsion obtruded and offered themselves to testify in this matter; and he propounds as above.

 

 

 

Transcript

[1575/2 image 7]

Cestria die Jouis videlicet vjo die Octobris 1575

[Marginal note]

Rosa Smith contra Elenam Bamuile in causa diffamationis

Quo die Johannes Prichard nomine procuraturio ac vt procurator legitimus
dicte Rose Smith omnibus melioribus et efficatioribus via modo et
Juris forma quibus melius aut efficatius de Jure potuit aut
potest debuitue aut debet necnon ad omnem Juris effectum exinde
quouismodo sequi valentem dicit allegat et in hijs Scriptis in Jure
proponit articulatim prout sequitur

1          Inprimis videlicet quod nulla fides saltem de Jure sufficiens fuit aut
est dictis seu deposicionibus pretensis Adam Joneson, Katherine Joneson
eius vxoris Elizabeth Joneson, Alicie Massye et Elizabethe Bristowe
testium pretensorum ex parte dicte Elene Bamuile de et super quodam pretenso
libello in hac curia dato et proposito taliter qualiter productorum Juratorum et
examinatorum de Jure quouismodo adhibenda, pro eo videlicet et ex eo quod
ijdem pretensi testes omnes et singuli toto et omni tempore ac loco siue
locis eorum productionis recepcionis admissionis Juramenti prestacionis et examinacionis
suarum pretensarum in hac parte de facto habitarum et factarum fuerunt et sunt in
dictis <et> deposicionibus suis pretensis antedictis varii vacillantes singulares et
inter se discrepantes ac sibi ipsis contrarij et repugnantes non probandis
saltem sufficienter ea seu id propter que vel quod probandum fuerunt
productis prout tam ex eorum dictis et deposicionibus pretensis quam ex
alijs probacionibus legitimis in eventu huius litis comprobabitur, Et  ponit
coniunctim diuisim et de quolibet

2          Item quod nulla fides saltem de Jure sufficiens fuit aut est dictis
siue deposicionibus pretensis dictorum pretensorum testium de Jure quouismodo
adhibenda pro eo videlicet et ex eo quod dicti pretensi testes omnes et singuli
toto et omni tempore ac loco siue locis predictis anteaque et citra
fuerunt prout in presenti sunt nimis familiares partis eos producentis
eiusque fautores et sustentatores huius causse et dicte
Elene Bamuile et eius bone fame detractatores maleuoli et
diffamatores et tales qui dictam Elenam capitali odio ante
huius litis exordium prosequebantur, et sese ad testificandum in hac
parte vltro et non coacti ingesserunt et obtulerunt Et ponit
vt supra.

 

 

 

 

Exceptions to the witnesses on the libel (image 8)

Original Document

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Translation

[1575/2 image 8]

3          Also that no credit, at least sufficient in law, was or is to be attached in any way in law to the pretended statements or depositions of the aforesaid Adam Johnson, one of the pretended witnesses in this matter, in any way whatsoever rendered, had and done, inasmuch as the said pretended witness, Adam, the whole and entire time and place or places of his aforesaid pretended production, admission, oath-swearing and examination in this matter in the cause aforesaid was and is a supporter of the party producing him and a promoter of this cause of the said Ellen for whom he is being produced, and brought in for this reason namely because the aforesaid Adam Johnson and his wife aforesaid often and at various times before trustworthy witnesses have wickedly and maliciously defamed the same Ellen about several crimes and adulterous embraces to the damage and injury of the good name of the said Ellen Bamvile; and he propounds as above.

4          Also that there was and is no credit, at least sufficient in law, to be attached to the pretended statements or depositions of the aforesaid Katherine Johnson, Elizabeth Johnson, Alice Massie and Elizabeth Bristowe on account of their sex, and also inasmuch the aforesaid witnesses were defamers of the said Ellen Bamvile who spoke and uttered opprobrious words of the same, tending to the damage of her good fame, before the start of this suit; and he propounds as above.

Transcript

[1575/2 image 8]

3          Item quod nulla fides saltem de Jure sufficiens fuit aut est
dictis siue deposicionibus pretensis prefati Adami Joneson testium
pretensorum productorum vnius in hac parte vtcunque redditis habitis et
factis de Jure quouismodo adhibenda, pro eo videlicet et ex eo quod
dictus Adamus pretensus testis toto et omni tempore ac loco
siue locis eius in hac parte produccionis admissionis Juramenti
prestacionis et examinacionis suarum pretensarum predictarum, cause predicte ex parte
eum producentis  fuit et est fautor ac sustentator huiusmodi
cause dicte Elene pro qua producitur, et hac ratione ductus
videlicet quia prefatus Adamus Joneson et eius vxor predicta sepe
et diuersis temporibus eandem Elenam coram testibus
fidedignis nequiter et maliciose super nonnullis criminibus et
adulterinis amplexibus diffamauerunt in dicte Elene Bamuile
bone fame denigracionem et Lesionem Et ponit vt supra

4          Item quod nulla fides saltem de Jure sufficiens fuit aut est
dictis siue deposicionibus pretensis prefatarum Katherine Joneson
Elizabeth Joheson Alicie Massye et Elizabethe Bristowe
propter sexum adhibenda ac etiam  ex eo quod prefati testes fuerunt
dicte Elene Bamuile diffamatrices que verba opprobriosa
in eius bone fame lesionem tendentia ante huius Litis ingressum
de eadem dixerunt et protulerunt. Et ponit vt supra.

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

Vnde facta
fide de Jure in hac parte requisita non est fides aliqua
saltem de Jure sufficiens fuit aut est dictis siue deposicionibus
pretensis pretensorum prefatorum testium in hac parte vtcunque habitis
et factis de Jure inualidis censendo pronunciando et declarando
Vlteriusque faciendo statuendo et decernendo in premissis et ea
concernentis quibuscunque quod Juris fuerit et rationis

Exceptions to the witnesses on the libel (image 9)

Original Document

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Translation

[1575/2 image 9]

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

Having sworn the oath thereupon as required by law in this behalf, there is no credit, at least sufficient in law, in the pretended statements or depositions of the aforesaid pretended witnesses had and done in this matter in any way, assessing, pronouncing and declaring them invalid in law. And otherwise, doing, establishing and decreeing what will have been of right and reason in the premises and anything whatsoever concerning them,  which this propounding 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, and he asserts the right of adding to and correcting these exceptions, humbly imploring your office in the premises, lord judge aforesaid.

Transcript

[1575/2 image 9]

que proponit et fieri petit pars ista proponens 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 iuris beneficio in
omnibus semper saluo, ac protestatur de addendo et corrigendo has
excepciones  vestrum officium domine Judex ante dicte humiliter
implorando

Exceptions to the witnesses on the libel (image 10)

Original Document

Click to view fullscreen

Translation

[1575/2 image 10]

[Endorsement]

Exceptions on behalf of Rose Smith against the pretended witnesses produced on behalf of Ellen Bamville, exhibited 1575.

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

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1575/2 image 10]

[Endorsement]

Excepciones ex parte Rose Smith contra pretensos testes ex parte Elene Bamuile productos exhibitas 1575.

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

Transcript copyright ©2022 P J Cox All Rights Reserved

Depositions on the exceptions (image 11)

Original Document

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Translation

[1575/2 image 11]

Answers [ …] taken before the venerable Master Robert Leche, doctor of laws etc. on the 13 day of December in the year of our Lord 1575.

Margaret Maynwaring of the parish of St Peter within the city of Chester, widow, her age 60 years, says that she has known the plaintiff for the whole time of the dwelling of the same party in this city and the defendant from the time of the solemnisation of the marriage between her and her husband.

To the first article she says that she well knows Adam Johnson, Katherine, his wife, Elizabeth Johnson, Alice Massie and Elizabeth Bristowe articulate and as for the rest of the contents of the said article she refers herself to their depositions and otherwise she knows nothing to depose Saving she saieth she beleueth they are honest persons.

To the 2nd article she says that the said witnesses & the said Ellen bamvile are neighbors & frendes in the waie of honestie and otherwise she knows nothing to depose.

To article 3 she says that she knows nothing to depose Saving she saieth she neuer heard the said Adam Johnson nor his weif slaunder the said Ellen

To article 4 she says that althoughe the said katherine Johnson Elizabeth Johnson Alice Massie & Elizabeth bristowe be women, yet she beleueth they are so honest as they are to be credited

To the last she says that the things deposed before by her are true and that fame is circulating about this.

Peter Maynwaring of the parish of St Peter within the city of Chester, merchant, his age about 34 years, has known the plaintiff for the space of 12 years and the defendant for 12 years similarly.

 

 

 

Transcript

[1575/2 image 11]

Re[sponsiones] […]  Capte coram venerabli viro [Magistro] Roberto leche
legum doctore et cetera xiij [die d]ecembris
Anno domini 1575

Margareta Maynwaring parochie Sancti Petri infra Civitatem Cestrie vidua etatis sue lx
annorum dicit se nouisse partem agentem per totum tempore
eiusdem partis in hac Civitate habitacionis et partem ream
bene nouit a tempore matrimonij inter eam et
euis maritum solempnizationis

Ad primum articulum dicit quod bene nouit Adamum Johnson Katerinam
euis vxorem Elizabeth Johnson Aliciam Massie et Elizabeth bristowe
articulatos et quoad cetera dicti articulati contenta refert se ad eorum
deposiciones et aliter nescit deponere Saving she saieth she beleueth they are honest persons

Ad ijd articulum dicit that the said witnesses & the said Ellen bamvile are neighbors & frendes in the waie
of honestie Et aliter nescit deponere.

Ad iij articulum dicit quod nescit deponere Saving she saieth
she neuer heard the said Adam Johnson nor his
weif slaunder the said Ellen

Ad iiij articulum dicit that althoughe the said katherine
Johnson Elizabeth Johnson Alice Massie &
Elizabeth bristowe be women, yet she beleueth
they are so honest as they are to be credited

Ad vltimum dicit predeposita per eam esse vera et famam super
huiusmodi laborare

Petrus Maynwaring parochie Sancti Petri infra Civitatem Cestrie mercator
etatis sue circiter xxxiiijor annos nouit partem
agentem per spacium xij annorum et partem ream per xij
annos similiter

 

 

Depositions on the exceptions (image 12)

Original Document

Click to view fullscreen

Translation

[1575/2 image 12]

He knows […] Alice Massie and Elizabeth Bristowe articulate well] & taketh them to be verie honest persons <& to be credited vppon their othes> otherwise he refers himself to their depositions.

To the 2nd article he says that he thinketh there is no suche familiaritie as is articulate betwene the said witnesses & Ellen bamvile articulate and otherwise he knows nothing to depose.

To article 3 he says that he knows nothing to depose except as he has previously deposed & saieth further that he neuer heard Adam Johnson sclaunder the said Ellen Bamvile

To 4 he knows nothing to depose], but saieth he neuer heard the said katherine Johnson Elizabeth Johnson Alice Massie nor Elizabeth bristowe <or any of them> slaunder the said Ellen bamvile as is articulated.

To the last he says that the things deposed before by him are true and that fame is circulating about this.

[Signed] Peter Maynwaryng

Margaret Leche, wife of Robert Leche, of the parish of St Michael within the city of Chester, her age about 36 years, has known the plaintiff sithence she married fraunces bamvile her nowe husband and the defendant sithence she was maried to oliuer Smith her nowe husband.

To the first article she says that she knoweth Adam Johnson katherine his weif Elizabeth Johnson Alice Massie & Elizabeth bristowe verie well & taketh them to be suche persons as are to be credited vppon their othes for she knoweth no cause to the contrarie And being further examined vppon this article she referreth herself to their deposicions

Transcript

[1575/2 image 12]

[…] Aliciam Massi[e e]t Elizabeth bristowe articulatas
bene nouit  & taketh them to be verie honest
persons <& to be credited vppon their othes>  alias refert se ad eorum deposiciones

Ad ijd articulum dicit that he thinketh there
is no suche familiaritie as is articulate betwene the said
witnesses & Ellen bamvile articulate Et aliter nescit deponere

Ad iij articulum dicit quod nescit deponere nisi vt prius deposuit
& saieth further that he neuer heard Adam
Johnson sclaunder the said Ellen
Bamvile

Ad iiij nescit deponere, but saieth he neuer heard
the said katherine Johnson Elizabeth Johnson Alice Massie
nor Elizabeth bristowe <or any of them> slaunder the said Ellen bamvile
prout articulatur.

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

[Signed] Peter Maynwaryng

Margareta leche vxor Roberti leche parochie Sancti Michaelis infra Civitatem
Cestrie etatis sue circiter xxxvj  annos nouit partem agentem
sithence she married fraunces bamvile her nowe
husband et partem defendentem sithence she was
maried to oliuer Smith her nowe husband

Ad primum articulum dicit that she knoweth Adam Johnson katherine his weif Elizabeth Johnson Alice Massie &
Elizabeth bristowe verie well & taketh them
to be suche persons as are to be credited vppon
their othes for she knoweth no cause to the
contrarie And being further examined vppon this
article she referreth herself to their deposicions

Depositions on the exceptions (image 13)

Original Document

Click to view fullscreen

Translation

[1575/2 image 13]

[…] [w]as married out of her house <in the watergate str[eet]> into another strea[t] And during the tyme of her seruice with the said […] she neuer knewe nor heard of any dishonestie by the said Ellen bamvile nor any falling out amongest any of the parties articulate And by reason this deponent hath dwelled out of that streate for these vj yeres  <farre of from them &> she hathe had litle to doe there she cannot further depose of her owne certen knoledge concerning thecontentes of this article or any other thing matteriall in the said Excepcions but that she neuer heard that any haue sclaundred the said Ellen before the begining of this sute otherwise she knows nothing to depose.

John Dickenson of the parish of St Mary within the city of Chester, labourer, his age about 60 years, has known the plaintiff for about 10 years and the defendant sithence she was married to Oliuer Smith

Ad primum articulum dicit that he knoweth Adam Johnson &his weif Elizabeth Johnson Alice Massie & Elizabeth bristowe articulate & thinketh they are to be credited as honest  and otherwise he knows nothing to depose.

To the 2nd saieth he dwelleth in St Maries parishe farre from them & sometyme worketh with the defendantes husband & for the rest of the contentes of this article he cannot depose except as he has previously deposed.

To 3 and 4 he says that he is a poore laboring man & tendeth his labor in the feildes abroade for his lyving & marveileth why he shold be called about this matter <being not able to depose anything therein matteriall >And being asked whether he knoweth any dishonestie by the said Ellen bamvile saieth he knoweth non et aliter nescit deponere [and otherwise he knows nothing to depose.]

To the last he says that the things deposed before by him are true and that fame is circulating about this.

Transcript

[1575/2 image 13]

[…] [w]as married
out of her house <in the watergate str[eet]> into another strea[t] And during
the tyme of her seruice with the said […]
she neuer knewe nor heard
of any dishonestie by the said Ellen
bamvile nor any falling out amongest any of
the parties articulate And by reason this deponent hath
dwelled out of that streate for these vj yeres
<farre of from them &> she hathe had litle to doe there she cannot further
depose of her owne certen knoledge concerning the
contentes of this article or any other thing matteriall
in the said Excepcions but that she neuer heard that
any haue sclaundred the said Ellen before
the begining of this sute alias nescit deponere.

Johannes dicconson parochie Sancte Marie infra Civitatem Cestrie laborer
etatis sue circiter lx annos nouit partem agentem circiter
x annos et partem defendentem

Ad primum articulum dicit that he knoweth Adam Johnson &
his weif Elizabeth Johnson Alice Massie & Elizabeth bristowe articulate
& thinketh they are to be credited as honest Et aliter nescit deponere

Ad ijd saieth he dwelleth in St Maries parishe farre
from them & sometyme worketh with the defendantes husband
& for the rest of the contentes of this article he cannot depose nisi vt prius deposuit

Ad iij et iiij dicit that he is a poore laboring man
& tendeth his labor in the feildes abroade for his
lyving & marveileth why he shold be called about this
matter <being not able to depose anything therein matteriall >And being asked whether he knoweth
any dishonestie by the said Ellen bamvile saieth
he knoweth non et aliter nescit deponere.

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

Depositions on the exceptions (image 14)

Original Document

Click to view fullscreen

Translation

[1575/2 image 14]

[Endorsement]

[…] Bamvile 1575

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

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1575/2 image 14]

[Endorsement]

[…] Bamvile 1575

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

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Ellen Bamville – plaintiff

Francis Bamvile – husband of the plaintiff

Elizabeth Bristowe – witness on the libel

William Browne – referred to in the depositions

John Dicconson – witness on the exceptions

Adam Johnson – witness on the libel

Elizabeth Johnson – witness on the libel

Katherine Johnson – witness on the libel

Margaret Leche – witness on the exceptions

Alice Massie – witness on the libel

Margaret Maynwaring – witness on the exceptions

Peter Maynwaring – witness on the exceptions

Oliver Smith – husband of the defendant

Rose Smith – defendant

Thomas Tetlowe – referred to in the depositions

Officials

Robert Leche

Related Causes

EDC 5/1576/2 – sentence

Notes

This is an example of the defendant’s name appearing before that of the plaintiff in the pleadings as the defendant objected to material introduced by the plaintiff.

Ref: EDC 5/3/2

Catalogue Entry:

EDC 5/3/1,2 Libel & exceptions in tithe cause: Thomas Valentyne gent. Of Benclif in pa. Eccles co. L v. Sir Richard Brereton kt. Farmer of tithes of Eccles. 1542

Summary:

Sir Richard Brereton contra Thomas Valentine – exceptions against the witnesses for the plaintiff

These exceptions indicate that Thomas Valentine had been working for Sir Richard Brereton and deponents in this cause (CALS EDC 2/2 ff. 456v-457v) stated that it had been agreed that his wages would comprise tithes of his own land ‘as longe as they cold agree and now about mydsomer last Master Brereton … discharged hym’. However, Thomas Valentine claimed that he was still entitled to the tithes in dispute. He also claimed that any dispute in this matter should be heard by the secular courts.

Exceptions against the libel are filed as EDC 5/3/1.

 

Year

1542

Type of Cause:

Tithes – wheat

Cause Papers:

Exceptions against the witnesses for the plaintiff

Exceptions against the witnesses for the plaintiff (image 1)

Original Document

Click to view fullscreen

Translation

[5/3/2 image 1]

In the name of God, Amen; in a certain pretended cause of subtraction of tithes, which is disputed and depending undecided before you, venerable Master George Wilmesley, Bachelor of Laws, vicar general in spirituals and lawfully supported official principal for deciding ecclesiastical causes within the diocese of Chester of his consistory by the authority of our most illustrious prince in Christ and our lord Henry the Eighth, by the grace of God king of England, France and Ireland, defender of the faith, and on earth supreme head under Christ of the English and Irish church […] bishop by the same authority;  or your commissary or any other judge whomsoever competent in this behalf; between the venerable Sir Richard Brereton, knight, pretended plaintiff and complaining party on the one part and the distinguished Thomas Valentine, gentleman, defendant and party complained of, on the other part, in the term judicially assigned to him for speaking and excepting against the persons, statements and depositions of certain pretended witnesses invalidly produced upon […] and the articles of a certain pretended libel on behalf of the said venerable Sir Richard Brereton, knight; the party of the said Thomas Valentine, against all and singular the same pretended witnesses, and their persons, statements and the pretended depositions of the same, says, alleges and in these writings propounds, excepting, jointly and severally as follows:

1          Firstly, the party of Thomas Valentine, in excepting, propounds against James Crompton, the first pretended witness, that his testimony is null, false and invalid and for the whole and entire time of his production, admission and oath-swearing he has been and was a useless, inept and unsuitable witness and to be prohibited, excluded and rejected from testimony in this respect inasmuch as the said James is a tenant and servant of the said Richard Brereton, knight, and of his livery and profits and emoluments namely, the collected, received and acquired the tithes both mixed and minute and real, predial and personal within the parish of Deane and in any parts of the same parish, to the use and profit of the said Sir Richard Brereton; and he is a supporter and promoter of the said pretended suit; and he maintains and keeps in his house a certain […] Brereton, son of the said Sir Richard begotten from an illegitimate union, and he is unreliable […] and changeable and not in agreement with his fellow-witnesses as clearly appears in his pretended depositions and statements, to which this party refers so far as is necessary to him and not otherwise or in any other way.

2          Also, this party, in excepting, propounds against Ralph Heyton, the second pretended witness, that his testimony is null, false and invalid and he is to be prohibited, excluded and rejected from testimony in this respect inasmuch as for the whole and entire time of his production, admission and oath-swearing he has been and was, just as he still is, principal supporter, sustainer, friend and prosecutor of this pretended cause of the said Sir Richard Brereton, knight, not only in this pretended cause but also in a certain other pretended cause which the said venerable knight before you against William Hulton of Farnworth, esquire, Thomas Lee, Hugh Forster and Peter Bradshaw; and […] Ralph Heyton occupies and holds certain lands and tenements in the parish of Deane by concession, rental and demise of the said Richard Brereton […] and the said Ralph Heyton dwells, sleeps and stays in his mother’s house and occupies and holds certain of her lands and has converted […]  to his own benefit and so lives with and under his mother for his board and lodging and support as will become clear and appear by lawful proofs; and this party refers as before.

3          Also, in excepting, this party propounds against John Carison, the third pretended witness, that his testimony is null, false and invalid and he is to be prohibited, excluded and rejected from testimony in this respect inasmuch as for the whole and entire time of his production, admission and oath-swearing he has been and was, just as he still is, principal supporter and friend of the party producing him, and he is a stranger and outsider in this […] Eccles because he is of the parish or chapelry of Shocklach in the county of Chester; and he has effectually deposed nothing of his own certain knowledge […] from hearsay and the reports of others, nor of the name or position of this pretended close called ‘heefeld’ or ‘Barnerfeld’ within […] of Eccles because such a close does not […] within the township of Eccles, as is suggested or supposed in the said pretended libel, […] conflicting, unique and singular, as is clearly evident from his pretended depositions and statements, to which this party refers himself as far as is necessary to him and not otherwise.

Transcript

[5/3/2 image 1]

In dei nomine Amen In quadam pretensa causa subtraccionis decimarum que coram vobis  venerabili viro Magistro Georgio [Wilmesley]
in legibus baccallario Auctoritate Illustrissimi in christo principis et domini nostri Henrici octaui dei gratia Anglie Francie et [Hibernie Regis]
fidei defensoris et in terris ecclesie Anglicane et Hibernice sub christo capitis suprimi per reuerendum in christo […]
permissione diuina Cestrensis episcopum eandem Auctoritate ad causas ecclesiasticas decidendum infra diocesem Cestrensem [vicario in spiritualibus]
generali ac eius Consistorij Officiali principali legitime fulcito vestro ve Commissario [seu alio Judice] in hac parte competente quocunque [inter]
venerabilem virum Richardum Brereton militem partem pretensam actricem et querelantem ex vna et discretum virum [Thomam]
Valentyne generosum parochie de Eccles partem ream et querelatam partibus ex altera vertitur et pendet indec[isa in termino sibi]
Judicaliter assignato ad dicendum et excipiendum contra personas dictas et depositiones quorundam pretensorum testium [super …]
et articulis cuiusdam pretensi libelli ex parte dicti venerabilis viri Richardi Brereton militis nulliter productorum pars d[icti Thome Valentine]
contra eosdem pretensos testes omnes et singulos eorumque personas dicta et deposiciones pretensis eorundem dicit allegat et [in hijs]
scriptis excipiendo proponit coniunctim et diuisim prout sequitur

1          In primis pars Thome Valentyne excipiendo proponit contra Jacobum Crompton primum
pretensum testem quod ipsius testi[monium est]
nullum falsum et invalidum ac toto et omni tempore sue produccionis admissionis ac Juramenti prestacionis fuit et erat testis [inutilis]
ineptus et Inidoneus ac a testimonio in hac parte prohibendo repellendo et reijciendo pro eo <videlicet> et ex eo quod dictus J[acobus est]
tenens et serueus dicti Richardi Brereton militis ac de eius roba proficuaque et emolumenta videlicet decimas tam [mixtas]
et minutas quam reales prediales et personales ad vsum et proficium dicti domini Richardi Brereton infra parochiam de Dean […]
aliquibus partibus eiusdem parochie collegit recipit et acquirit fautorque et promotor dicti pretensi litis Ac quendam […]
Brereton filium dicti domini Richardi ex illegitimo coitu procreatum in domo suo fouet et tenet estque varius […]
ac discrepans et non concordans cum contestibus suis prout in suis pretensis deposicionibus et dictis liquide apparet […]
se refert pars ista excipiens quatenus sibi expedit et non aliter neque alio modo.

2          Item pars ista excipiendo proponit contra Radulphum Heyton secundum pretensum testem quod ipsius testimonium est nullum falsum et invalidum [ac a]
testimonio in hac parte prohibendo repellendo et reijciendo pro eo et ex eo quod toto et omni tempore sue produccionis admissionis [et]
Juramenti prestacionis fuit et erat prout adhuc est principalis fautor sustentator amicus et prosecutor huiusmodi pretensa [causa]
dicti domini Richardi Brereton militis non solum istius pretense litis veram eciam in quadam alia <pretensa> causa que dictus venerabilis miles coram vo[bis]
contra Willielmum Hulton de Farnworth Armiger Thomam Lee Hugonem Fostar et petrum Bradsha occupatque et tenet […]
Radulphus Heyton quasdam terras et tenementa in parochia de Dean ex concessione locacione et dimissione dicti Richardi Brere[ton]
habitatque cubat et Jacet dictus Radulphus Heyton in domo matris sue ac quasdam ex illis terris occupat et tenet […]
et commodum suum proprium conuertit et sic cum et sub matre sua quoad victum  et vestitum ac tenens viuit prout per probaciones l[egitimas liquebit]
et plene apparebit et refert se pars ista ut supra

3          Item excipiendo pars ista proponit contra Johannem Caryson tercium pretensum testem quod ipsius testimonium est nullum falsum et invalidum [ac a]
testimonio in hac parte prohibendo repellendo et reijciendo pro eo et ex eo quod toto et omni tempore sue produccionis admissionis [et Juramenti]
prestacionis fuit et erat prout adhuc est principalis fautor et amicus partis eum producentis estque extraneus et alienus in huiusmodi […]
Eccles quia est parochie siue capelle de Shocklach Comitatis Cestrie Nichilque effectualiter deponit ex certa sua scientia […]
auditu et relacione aliorum neque de nomine seu situacione ipsius pretense clausure vocate heefeld siue Barnerfeld infra […]
de Eccles quia talis clausura saltem infra villam de Eccles prout in dicto pretenso libello suggeritur seu supponentur non […]
varius vnicus et singularis prout in suis pretensis deposicionibus et dictis liquide patet ad quas et que se refert pars ista
quatenus sibi expedit et non aliter

Exceptions against the witnesses for the plaintiff (image 2)

Original Document

Click to view fullscreen

Translation

[5/3/2 image 2] 

4          Also, in the case that the said Thomas Valentine received, took and had certain tithes of  wheat from a certain close of his and converted and applied them to his own use (but not from a certain close called ‘heefeld’ or ‘Branefeld’ as in the said […] libel is alleged) which this party expressly does not admit but denies, however the aforesaid Thomas tithed […] in heaps, ‘hattockes’[1] […] and after he tithed them he applied and […] them to his own use by concession, rental, gift and demise of the […] Richard Brereton, knight, for the true and faithful service done and rendered to the aforesaid Richard and his salary, as was fair, permissible and just to him as will become clear and clearly appear by lawful and sufficient proofs.

5          Also, that all and singular the said pretended witnesses are singular, conflicting and in no way in agreement, lying, incited, coached and instructed how and what they should depose in the said pretended cause, and clearly appears in their pretended depositions and statements; to which this excepting party refers so far as is necessary to him, and wishes to have here inserted, and not otherwise or in any other way, and he propounds […] and concerning any part thereof.

6          Also, that all and singular the premises were and are true, public, notorious, evident and famous and public voice and fame were, just as they are at present, are circulating of and upon the same in the parish of Eccles and other surrounding parishes, townships and places.

Whereupon, due proof being made as required in this regard, the party of the said Thomas Valentine, gentleman, all and singular these said […] coached, instructed, presumptuous, hired, pretended witnesses and their statements and depositions are decreed, pronounced and declared to be null and void, by reason that they are thoroughly lacking in all proof […]; and that he, Thomas Valentyne, is to be […] and  absolved from the petition and presumptuous vexation of the same Richard Brereton, knight, aforesaid, together with the lawful expenses incurred in this respect, and he protests those to be incurred, and that this pretended cause will be dismissed to the royal court by you and your passing definitive sentence in this respect, lord judge aforesaid. The party of the aforesaid Thomas Valentine propounds the premises and prays that they may be done jointly and severally, not binding himself to proving all and singular the premises, 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 so far as is necessary for a complement of justice.

[1] hattock = a group of sheaves of corn, placed upright with two sheaves placed over them to keep off the rain (OED online).

Transcript

[5/3/2 image 2] 

4          Item casu quo dictus Thomas Valentyne recepit percepit et habuit certas decimas siliginis ac ad vsum suum proprium co[nvertit et]
applicauit ex quadam sua clausura (sed non ex quadam clausura vocata heefeld siue Branefeld prout in dicto […]
libello allegatur quod non expresse fatetur pars ista sed diffatetur Attamen prefatus Thomas in Acervos hattockes […]
decimauit et postque decimauit easdem ad vsum proprium ex concessione locacione donacione et dimmissione […]
viri Richardi Brereton militis ac pro vero et fideli seruicio ac salario suo prefato Richardo facto et impenso applicauit et […]
equium licitum et iustum sibi fuerat prout per probaciones legitimas et sufficientes liquidabitur et plene apparebit

5          Item quod dicti pretensi testes omnes et singuli sunt varij singulares discrepantes et nullo modo concordantes falsi subornate doc[ti et]
Instructi qualiter et quid in dicta pretensa causa deponerent prout in suis pretensis deposicionibus et dictis plene liquet ad [quem]
se refert pars ista excipiens quatenus sibi expedit et hic pro insertis habere vult et non aliter neque alio modo et ponit […]
ac de quolibet

6          Que omnia  et singula premissa fuerunt et sunt vera publica notoria manifesta et famosa ac de et super eisdem in dicta [parochia de]
Ecclijs alijsque parochiis villis et locis circumvicinis laborarunt prout in presenti laborant publica vox et fama

 Vnde fact[a fide in]
in hac parte de Jure requisita petit pars dicti Thome Valentyne generosi dictos huismodi pretensos testes omnes et singulos […]
doctos instructos subornatos conductos eorumque dicti et deposiciones nullas et invalidas omnique fide prorsus carentes […]
pretextu decernendum pronunciandum et declarandum Ipsumque Thomam Valentyne ab impeticione et iniusta ac temeraria [vexacione]
dicti Richardi Brereton militis antedicti vnacum expensis legitimis in hac parte factis et protestatur de faciendis […]
et absolui ac huismodi pretensam causam ad forum regium dimittendum fore per vos et vestram sentenciam diffinitiuam in hac parte ferendam [domine Judex]
antedicte. Que omnia et singula premissa proponit et fieri petit
pars antedicti Thome Valentyne coniunctim et diuisim Non arc[tans se ad]
omnia et singula premissa probanda Sed quatenus probauerit in premissis eatenus obtineat
in petitis Juris beneficio in omnibus [semper]
saluo vestrum officium quatenus oporteat pro complemento  Justicie humiliter implorando.

Exceptions against the witnesses for the plaintiff (image 3)

Original Document

Click to view fullscreen

Translation

[5/3/2 image 3] 

[Endorsement] 

Exceptions Valentine against Richard Brereton, knight, in a cause of subtraction of tithes.

1542

[in pencil in a different hand]

/2

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

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[5/3/2 image 3] 

[Endorsement] 

Excepciones Valentine contra Richardum Brereton
militem in causa subtraccionis decimarum

1542

[in pencil in a different hand]

/2

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

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Sir Richard Brereton – plaintiff

Thomas Valentine – defendant

James Crompton – witness for the plaintiff

Ralph Heyton – witness for the plaintiff

John Carison – witness for the plaintiff

 

 

 

Officials

George Wilmesley – chancellor of the diocese of Chester

Related Causes

EDC 5/3/1 – Sir Richard Brereton contra Thomas Valentine

Ref: EDC 5/1/1

Catalogue Entry:

Sentence of divorce between Ellen Knottisford & Ralph Bury of pa. Huyton co. L. 30 Sep. 1525

Summary:

Ellen Knottisford contra Ralph Bury. Ellen Knottisford had been married while under age to Ralph Bury. She had always objected to the marriage and sworn witnesses confirmed that the marriage had never been consummated.

This is the earliest of the surviving Chester Cause Papers and was heard while the consistory court was under the control of the archdeacon of Chester in the bishopric of Coventry and Lichfield.

Year

1525

Type of Cause:

Matrimonial – annulment (minor)

Cause Papers:

Sentence

Sentence (image 1)

Original Document

Click to view fullscreen

Translation

[5/1/1 image 1]

 […] having been seen and understood and fully investigated by us, the official […] of a matrimonial or divorce cause which is disputed and now depending undecided between [Ellen Knottisford] on the one [part] and Ralph Bury of the parish of Huyton of Coventry [and Lichfield diocese] on the other […] the parties aforesaid […] before us […] definitive [sentence] may be passed and published in the said cause and with no [little] urgency that justice may be done […]

The whole and entire proceedings had and done before us in the said cause having first been examined and diligently considered by us, and all and singular 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 in the afore-mentioned cause between the parties aforesaid, and we do proceed in this manner which follows:

Forasmuch as we know and clearly find by the acts enacted before us in the aforesaid cause […] that Ellen Knottisford has sufficiently established and fully proved her claim in a certain libel judicially offered before us, of which, indeed […] is thus, In the name of God, Amen: before you, the worshipful etc. which here as read and inserted […] and that nothing to the contrary on behalf of the said Ralph Bury has been […] alleged or proved which could destroy or in any way […] weaken the petition of the aforesaid Ellen in that behalf […] acts enacted, brought propounded and confessed we fully and judicially find that the aforesaid Ellen […] being then young and before she had reached marriageable years through the planning of her parents, and objecting, to the same […] was and is joined in a certain pretended marriage, in fact but not in law, and she, Ellen, immediately after she reached […] has always objected, dissented and spoken against this pretended marriage and objects […] and speaks against at present. And furthermore, to avoid all damaging fear and suspicion of collusion in this matter […] she, Ellen, by the inspection of six honest and willing matrons, sworn in this behalf and by virtue of their oath […] that she was and is a virgin and was and is not known by her said pretended husband and any others whomsoever.

[…] this pretended marriage between the same Ralph and Ellen, as thus aforesaid made in fact but not in law […] by occasion and reason was and is of no force or authority but in all things was and is invalid, null and void and […] and we pronounce and declare that it lacked and was lacking the force of law, and we separate and divorce the same Ralph and Ellen from each other by this our definitive sentence which we pass and publish in these writings.

This sentence of divorce was passed and read on the last day of September in the 1525th year of our Lord, in the presence of John Burges and John Par, chaplains, and Ralph Venables, literate man, and of others.

Transcript

[5/1/1 image 1]

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[…] cause  matrimonialis seu divorcij que coram nobis inter […]
[…] ex vna Et Radulphum Bury parochie de hyton Coun’ […]
[…] ex altera vertitur et pendet adhuc indecise prefatis partibus coram nobis […]
[…] diffinitiuam in dicta causa fieri et promulgari Justiciamque fieri cum instantia non […]

 Rimato primitus per nos diligenterque recensito toto et integro processu coram nobis in dicta causa
[habito et] facto ac seruatis per nos omnibus et singulis de Jure in hac parte seruandis ad nostre sententie diffinitive
prolacionem in memorata causa et inter partes predictas ferendam sic duximus procedendum et procedimus [in hunc]
qui sequitur modum

Quia per Acta inactitata coram nobis in prefata causa comperimus et lucul[enter invenimus] […] Elenam Knottisford suam intentionem in quodam libello coram nobis Judicaliter oblato cuius quidem […]
[…] talis est In dei nomine Amen Coram vobis venerabili viro et cetera quem hic pro lecto et inserto […]
[suffic]ienter et ad plenum fundasse et probasse Nichilque ex aduerso per partem dicti Radulphi Bury fuisse […]
[…] allegatum seu probatum quod intentionem dicte Elene in hac parte elideret seu quomodolibet […]
[…] per acta inactitata deducta proposita et confessata in hac parte plenarie ac Judicaliter comperimus prefatam Elenam
[…] tunc impuberam et antequam ad annos nubiles pervenisset ac reclamantem ex medicacionem parentum suorum eidem
[…] de facto et non de Jure quodam pretenso matrimonio copulatam fuisse et esse Ipsamque Elenam statim postquam ad
[…] perveneret huiusmodi pretenso matrimonio semper reclamasse dissenssisse et contradixisse ac reclamare
[…] et contradicere in presenti Et vlteriusque ad evitandum omnem sinistrum collusionis metum et suspicionem in hac parte
[…] ipsam Elenam per inspectionem sex honestarum <et paritarum> matronarum  in hac parte Juratarum et virtute Juramenti
[…] fuisse et esse virginem et pro dictum virum suum pretensum et alios quoscumque fuisse et esse in cognitam
[…] huiusmodi pretensum matrimonium inter eosdem Radulphum et Elenam sic vt premittitur de facto et non de Jure factum
[…] occasione et pretextu nullius efficacie aut momenti fuisse et esse sed omnino irritum cassum nullumque et
[…] fuisse et esse viribusque Juris caruisse et carere debere pronunciamus et declaramus Eosdemque Radulphum
et Elenam abinvicem separamus et diuorciamus per hanc nostram sentenciam diffinitiuam quam ferimus et promulgamus
in hijs scriptis

Lata et lecta fuit hec diuorcij sententia vltimo die mensis septembris anno domini <1525o> in presenciam
Johannis Burges et Johannis par capellanorum et Radulphi Venables literati et aliorum

Sentence (image 2)

Original Document

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Translation

[5/1/1 image 2]

[Endorsement]

Sentence of divorce between Ellen Knottisford and Ralph Bury

[in pencil in a different hand]

30 Sept 1525

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

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[5/1/1 image 2]

[Endorsement]

Sententia diuorcij inter elenam Knottisford et Radulphum Bury

[in pencil in a different hand]

30 Sept 1525

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

Transcript copyright ©2022 P J Cox All Rights Reserved

People

John Burges – witness to the sentence

Ralph Bury – defendant

Ellen Knottisford – plaintiff

John Par – witness to the sentence

Ralph Venables – witness to the sentence