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In the name of God, Amen: the merits and circumstances of a certain cause of defamation or vulgar abuse which was disputed […] and is pending undecided before us having been heard, seen and understood and fully investigated by us, Robert Leche, bachelor of laws, vicar general in spirituals of the right reverend father in God, William, by divine permission lord bishop of Chester, and lawfully deputed official principal of his consistory court, between Helen Smith of the parish of Prescot, the plaintiff and complainant on the one part, and John Moseley and Katherine, his wife, the defendant and party complained of on the other part; with the parties aforesaid properly and lawfully proceeding before us […] by William Man, Master of Arts, her lawfully appointed proctor according to the acts of the court and the party of […] personally and Katherine Moseley, his wife, personally and by William Cowper, her proctor lawfully appointed this day according to the acts of the court; also, the party of the said plaintiff praying that sentence is passed and justice is administered to her, while the party of the aforesaid defendant also earnestly praying that justice is administered to them.

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

Forasmuch as we know and clearly find by the acts enacted, brought, alleged, exhibited, confessed and proved done and had in the said cause that the aforesaid Helen Smith has sufficiently and fully founded and proved her claim in a certain libel of hers (the tenor of which follows and is thus; In the name of God, Amen: before you, William, by divine permission bishop of Chester etc., which libel we will have here read and inserted) and that nothing effectual has been and is brought on behalf of the said defendant and party complained of […] could destroy or in any way weaken […] of the said plaintiff and complaining party.

Therefore we, Robert Leche, Bachelor of Laws, official aforesaid, having first called upon the name of Christ, and having God himself alone before our eyes, from and with the advice of the learned in the law with whom we have consulted in a timely manner in this behalf, decree that they, John Moseley, Katherine Moseley, Isabelle Croft, Margery Powell, should be punished and corrected on account of their recklessness in the pronouncement of these defamatory words and we decree that they, John Moseley, Katherine Moseley, Isabelle Croft, Margery Powell, are to be condemned in the lawful costs incurred and to be incurred on the part of the said Helen Smith in this matter, and we do condemn them by this our definitive sentence or our final decree which we thus give and publish in these writings; reserving taxation of these expenses, and we do reserve it.

This sentence was read and issued by the judge aforesaid […] in the year of our Lord 1566, being then present there […] Thomas […], clerk, and John Barlow, rector of [Warmingham] witnesses and called to the premises etc..

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[Endorsement]

Sentence of Helen Smith against John Moseley and others in a cause of defamation.

[In a later hand]

Prescot

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

Translation copyright ©2022 P J Cox All Rights Reserved

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[…] the party of the honest woman, Joan Fitton, wife of Robert Fitton, of Carden in the parish of Tilston of Chester diocese against Ralph Leche of the said parish and diocese and of your jurisdiction and against any other whomsoever lawfully intervening before you in judgement for the same by way of complaint and complaining to you in this behalf propounds says, alleges and propounds in these writings in law jointly, severally and in articles as follows:

1          Firstly, that all and singular subordinates and subjects of this realm of England who speak, utter, assert, express or declare abuse, disparagement or insulting, opprobrious, vexatious, disparaging, scandalous and defamatory words of any person against public morals, sounding or tending to the injury or denigration of the good fame 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 jointly, severally and concerning any of these points.

2          Also, that the said Ralph Leche, not being ignorant of the premises but heedless of the welfare of his soul, being induced, as it is believed, by an evil spirit, grievously defamed the said Joan Fitton, previously in no way defamed, in the months of July, August and  September last, namely in the one thousand five hundred and sixtieth year of our Lord now current, or in any of those months, in one or other, of and upon the crime of incontinence, and he proffered these defamatory words to the same Joan Fitton, with intent to defame her, in the place called ‘the Commen Town fylde of Carden’ namely ‘Thow art a nowghty[1] harlot’ or he proffered other words similar to these and importing the same effect, as will become clear and appear by lawful proofs in the event of this suit; and he propounds jointly, severally and concerning any of these points.

3          Also, that by occasion and reason of this defamation and of the crime and the utterance, assertion and declaration of the defamatory words aforesaid, the status and good fame of the said Joan Fitton are seriously injured and harmed and the said Joan Fitton is at some trouble and expense and otherwise and for other reasons in many ways wearied, vexed, oppressed, burdened and perturbed, and among and between good and substantial people 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 Joan by reason of the premises; and he propounds as before.

[1] Naughty – here means immoral.

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4          Also, that before the assertion and declaration of these defamatory words the aforesaid Joan Fitton was a woman of good fame, unblemished reputation and honest conversation and among and between good and substantial people and previously in no way defamed; and he propounds as before.

5          Also, that the said Ralph Leche was and is of the parish of Tilston of Chester diocese and for that reason notoriously subordinate and subject to your jurisdiction; and he propounds jointly, severally and concerning any of these points.

6          Also, that it was and is on behalf of the said Joan Fitton that complaint is rightly and lawfully made to you, lord judge aforesaid, and to your Chester consistory court; and he propounds as before.

7          Also, all and singular the premises were and are true, public, notorious, manifest and equally well known and public voice and fame were and are circulating regarding and concerning this in the parishes of Tilston and Tattenhall and in other parishes and public places.

Whereupon, due proof being made, as required by law in this regard, the party of the said Joan Fitton prays that right and a complement of justice may be done and administered to her in all and singular the premises and that it will be decreed that the said Ralph Leche should be corrected for the expression and declaration of the aforementioned defamatory words according to the due requirement of law, and obliged and compelled to desist and to completely abstain in future from these abuses, disparagements and defamatory words and also that he will be condemned in the lawful costs incurred on the part of the said Joan Fitton in this matter, and he protests those to be incurred, and having been condemned, that he will be canonically obliged and compelled to the due and real payment of the same by your passing your definitive sentence in that behalf, lord judge aforesaid; and otherwise, that what will have been of right and reason in the premises and anything whatsoever concerning them may be done, established and decreed. The party of the said Joan Fitton propounds the premises and prays that they are done jointly and severally, not binding himself to prove all and singular the premises, nor to the burden of superfluous proof, about which he protests, but so far as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, lord judge aforesaid.

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[The original endorsement is illegible.] 

[in pencil]

/2

1560

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

Translation copyright ©2022 P J Cox All Rights Reserved

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In the name of God, Amen; before you, worshipful Master John Hanson, Master of Arts, archdeacon of Richmond, and also guardian of the spiritualities and commissary lawfully deputed to exercise ecclesiastical jurisdiction within the diocese of Chester, the episcopal see now being vacant, by the authority of the right reverend father, Nicholas, by divine permission, lord archbishop of York, primate, metropolitan and chancellor of England and legate of the apostolic see or any other judge whomsoever competent in this regard; the party of the gentlewoman Isabelle Holden, wife of Ralph Holden, esquire, of Duckworth in the parish of Church of Chester diocese against Roger Rishton, gentleman, of the said parish and diocese and of your jurisdiction  and against any other whomsoever lawfully intervening before you in judgement for the same by way of complaint and complaining to you in this behalf states, alleges and propounds in these writings in law jointly, severally and in articles as follows:

1          Firstly, he propounds and articles that all and singular persons who speak, utter, assert, express or declare abuse, disparagements or calumnious, opprobrious, disparaging, contumelious, scandalous or defamatory words of any man or woman against public morals, sounding or tending to the injury or denigration of the good fame 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 other defamatory words in future; and he propounds jointly, severally and concerning any part thereof.

2          Also, that the said Roger Rishton, not being ignorant of the premises but rather heedless of the salvation of his soul, being induced, as it is believed, by an evil spirit, seriously and grievously defamed the said Isabelle Holden, previously in no way defamed, of and upon the crimes of adultery and unchastity on Thursday next before the feast of the Assumption of the Blessed Virgin Mary last, namely on the eighth day of the month of August in the one thousand five hundred and fifty fifth year of our Lord, in the place called Duckworth More in the parish of Church, uttering these following defamatory words to the same Isabelle in English and saying of her ‘ Thow arte an Arrant[1] hore And Thow haddest A chylde before thow were maryed’ and in addition he said to the same Isabelle ‘ Thow hast lost all thy frendes Thow haddest wyth thyne Arse’ or other disparaging and scandalous words similar to these and importing the same effect, as will become clear and appear by lawful proofs in the event of this suit, and he propounds jointly, severally and concerning any part thereof.

3          Also, that by occasion and reason of this defamation, crimes and reproaches and the expressing, utterance, assertion and declaration of the aforesaid words the standing and good fame of the said Isabelle Holden, wife of Ralph Holden, are impaired, injured, blackened and
[1] Arrant – notorious or unmitgated.

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diminished and the same Isabelle Holden 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 Isabelle Holden by reason of the premises; and he propounds, jointly, severally and concerning any part thereof.

4          Also, that the said Isabelle Holden, before this defamation and crimes and reproaches and the expressing, utterance, assertion and declaration of the defamatory words aforesaid and until then, was a woman of good name, unblemished reputation and honest conversation, and previously in no way defamed among and between good and substantial people; and he propounds, jointly, severally and concerning any part thereof.

5          Also, that the said Roger Rishton was and is of the parish of Church of Chester diocese and notoriously subordinate and subject to your jurisdiction; and he propounds jointly, severally and concerning any part thereof.

6          Also, that it was and is on the part and behalf of the said Isabelle Holden that complaint is rightly and lawfully made to you, lord judge aforesaid, and to your Chester consistory court; and he propounds as above.

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

Whereupon, due proof being made as required by law in this regard, the party of the said Isabelle Holden prays that right and a complement of justice may be done and administered to her in all and singular the premises and that it is decreed that the aforesaid Roger Rishton should be corrected and punished for the imputation of the above-said crimes and for the pronouncing and declaration of these aforesaid words according to the due requirement of law, and that he will be punished with effect and is to be obliged and compelled to desist and to completely abstain from these disparagements, abuse and defamatory words in future; and also that he will be condemned in the lawful costs incurred on the part of the said Isabelle Holden in that behalf, and he protests those to be incurred, and having been condemned, that he will be duly obliged and compelled to the real payment of the same by you passing your definitive sentence in that behalf, lord judge aforesaid; and otherwise, that what will have been of right and reason in the premises and anything whatsoever concerning them may be done, established and decreed,

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the party of the said Isabelle Holden propounds the premises and prays that they are done jointly and severally, not binding himself to prove all and singular the premises, nor to the burden of a superfluous proof, against which he protests, but so far as he shall prove in the premises so much may he obtain of the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, distinguished judge aforesaid.

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[Endorsement]

Libel of Isabelle Holden against Roger Rishton in a cause of defamation, exhibited on the tenth of […] 1556

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

Translation copyright ©2022 P J Cox All Rights Reserved

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In the name of God, Amen: before you, venerable Master George Wilmesley, Bachelor of Law, by the authority of the most illustrious Prince in Christ and our master, Henry the eighth, by the grace of God King of England and France, Defender of the Faith […] and of Ireland and on earth supreme head under Christ […] lawfully appointed by the reverend in Christ, John, by divine permission bishop of Chester, to decide ecclesiastical causes within the diocese of Chester, by the same authority vicar general in spirituals, or any other lawfully deputed judge competent in that behalf; the party of the honest woman Pernell Daniel against Johanna Walton of the parish of Knustford of the archdeaconry of Chester of Chester diocese and of your jurisdiction, and against any other whomsoever lawfully intervening before you in judgement for the same says, alleges and propounds in these writings in law jointly, severally and in articles as follows:

1          Firstly, that all and singular subjects and subordinates of this realm of England who for the sake of gain, hatred or favour or any other […] speak, express, proffer or utter abuse, disparagements or calumnious or contumelious words sounding or tending to the discredit, blackening, injury or diminution of the good fame of any person against good morals, whereby among good and serious people […] should be, were and are to be canonically punished and are to be obliged and compelled to desist from these abuses and these other words.

2          Also, that the aforesaid Joan Walton not being ignorant of the premises but forgetful of the welfare of her soul, being induced, as it is believed, by an evil spirit, defamed the said Pernell Danyell, previously in no way defamed among good and serious people, in the township of Bexton, of and upon the crimes set out below in the months of January or February in the one thousand five hundred and 42nd year of our Lord and also around the feast of the nativity of St John the Baptist[1] […] in June or July in the present and current one thousand five hundred and 43rd year of our Lord, in one or other of the aforesaid years and months in the township aforesaid she expressed, spoke, uttered and declared the following scandalous, disparaging, calumnious, injurious words […] trustworthy and honest people of and upon the crime of incest or fornication, in the common tongue ‘Parnell and hyr brother Robert Danyell dyde lye to gether and dolt carnally[2] or bodily to ge[ther …] Parnell hade a childe beffor Cristmase a more or a lesse’ or by other defamatory words importing […]; and he propounds jointly and severally and concerning any part thereof.

3          Also, that by occasion and reason of this defamation and the aforesaid imposition of a crime, and the utterance and declaration of the aforesaid words, the standing and good fame of the said Parnell are injured and also she and her reputation are burdened, blackened and diminished and she, Parnell, was and is at no little expense and otherwise and elsewhere wearied, vexed, burdened, oppressed 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 ascribe and give, less trust and favour to the same Parnell by reason of the premises; and he propounds jointly and severally and concerning any part thereof.

4          Also, that before this defamation and the aforesaid crime and injury and the aforesaid imposition, utterance and declaration of the abusive insulting, scandalous and calumnious words and until then, the aforesaid Pernell 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 jointly and severally and concerning any part thereof.

5          Also, that the aforesaid Joan Walton was and is of the parish of Knutsford of the archdeaconry of Chester of Chester diocese and notoriously subordinate and subject to your jurisdiction, and she is had, held and openly, publicly and notoriously known and reputed as such and for such; and he propounds as before.

Also, that all and singular the premises were and are true, public, notorious, flagrant and well-known and public voice and fame were circulating of and upon the same, just as they are circulating at present, in the parish of Knutsford and other parishes, townships and places neighbouring the same.

Whereupon, due proof being made, as is required in that respect upon all and singular of which matters the libelling party aforesaid prays for right and justice in the premises and that the aforesaid Joan has culpably sustained and incurred the sentence of excommunication by reason of the premises and that she will be excommunicated […] and should denounced as such and for such and will be pronounced, decreed and declared and for her imposition and assertion should be punished and duly punished according to the due requirement of law, and that she, Joan, will be obliged and compelled that she will desist from these disparagements, abuses, calumnies, dishonesties and injuries and these injurious, defamatory words; and also will be condemned in the lawful costs incurred on the part of the aforesaid Pernell Danyell in this matter, and he protests those to be incurred, and, having been condemned, will be canonically obliged and compelled to the real payment of the same by you and your passing your definitive sentence in that behalf, lord judge aforesaid; and furthermore that what may be of law and reason in the premises and matters concerning them may be done, established and decreed; this party propounds the premises and prays that they are done jointly and severally, not obliging himself to prove all and singular the premises, nor to the burden o a superfluous proof, concerning which he protests, but so far as he has proved in the premises thus far may he obtain in the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, distinguished judge aforesaid.

[1] This feast is observed on 24 June.

[2] carnal dole = sexual intercourse

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[Endorsement] 

Libel of Pernell Danyell against Joan Walton in a cause of defamation. 

[in pencil in a different hand]

/1

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

Translation copyright ©2022 P J Cox All Rights Reserved

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In the name of God, Amen: before you, venerable Master Richard Smyth, Bachelor of Canon Law, official of the lord archdeacon of Chester, or any other commissary of yours lawfully deputed in that behalf; the party of the honest woman Agnes Rosbothom of the parish of Winwick against Robert Haryson of the same parish, of Coventry and Lichfield diocese and the archdeaconry of Chester and of your jurisdiction, and against any other whomsoever lawfully intervening before you in judgement for […] says, alleges and propounds in these writings in law jointly, severally and in articles as follows:

m         Firstly, the party of the said Agnes Rosbothom  propounds and it is articled that there was and is a certain constitution of Canterbury province, concerning sentence of excommunication which begins ‘By authority of God, the Father almighty etc.’ rightly enacted and duly promulgated  in which it is provided and established that all and singular subordinates and subjects of Canterbury province who for the sake of money, hatred or favour for any other cause whatsoever maliciously impute a crime to any person whereby he may be defamed among good and substantial persons whereby canonical purgation is awarded to him or he is harmed in some other manner were and are by culpability bound and tied ipso facto by the sentence […] of major excommunication promulgated in the said provincial constitution.

m         Also, the said plaintiff propounds and it is articled that the aforesaid Robert Haryson was and is notoriously subordinate and subject to the said province of Canterbury and is taken and held as such, and openly, publicly and notoriously so known and reputed.

m         Also, the same plaintiff propounds and it is articled that the aforesaid Robert Haryson, not ignorant of the premises, but heedless of the health of his soul, led by the counsel of a pernicious spirit, in the months of May, June, July, August or September, in one or another of the same months in the present and now current year of our Lord one thousand five hundred 35, within the said parish of Winwick, falsely, wickedly and maliciously and out of hatred defamed the aforesaid Agnes of and upon the crime of fornication and unchastity before serious and honest people and openly and publicly imputed the said crime to the same Agnes, namely by repeating and saying that a certain Richard Parr, in the absence of the said Robert Haryson, entered his house <…>  on a certain night and slept in bed with the said Agnes through the night in the said house of the same Robert,  asserting in addition that the said Richard Parr had indicated and reported to him, the same Robert, that he had entered his house in this way and slept with the same Agnes; and he propounds jointly, severally and concerning any of these points.

m         Also, the plaintiff aforesaid propounds and it is articled that before this said defamation and the imputation of the said crime, the aforesaid Agnes has been and was a woman […] from that said crime, of good fame and unblemished reputation and held, taken, known and reputed for such and as such among her neighbours.

m         Also, the said plaintiff propounds and it is articled that by occasion and reason of this defamation and of the imputation of the said crimes the reputation and good fame of the said Agnes Rosbothom are injured, burdened and blackened among her neighbours and also among good and substantial persons to the grave danger of the soul of Robert Haryson and to no small prejudice and damage to the said Agnes and the pernicious example of other Christian faithful, and he propounds as before.

m         Also, that all and singular the premises were and are true, public, notorious, flagrant and public voice and fame were circulating of and upon the same, just as they are circulating at present, in the parish of Winwick and other neighbouring places.

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Whereupon, due proof being made, as required by law in this behalf, the party of the said Agnes Rosbothom prays that the aforesaid Robert Haryson, by occasion and reason of the premises, has ipso facto culpably sustained and incurred the said sentence of major excommunication in the manner as aforesaid as issued in the aforementioned constitution of the province, and that he is and was bound, enfolded and excommunicated by it, and should be publicly pronounced, decreed and declared for such and as such; and he, Robert, should be canonically corrected and punished for such excess of temerity, according to the due requirement of law: and will be condemned in the lawful costs incurred by the said Agnes reason of this suit and, having been condemned, will be canonically obliged and compelled to the real payment of the same by you passing your definitive sentence in that behalf, lord judge aforesaid; and furthermore that what may be of law and reason in the premises and matters concerning them may be done, established and decreed; the party of the said Agnes propounds the premises and prays that they are be done jointly and severally, not obliging himself to prove all and singular the premises, but so far as he has proved in the premises thus far may he obtain in the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, lord judge. And the plaintiff aforesaid assets the right of amending, correcting and modifying this his libel at a suitable and appropriate time and place and for suitable and appropriate reason.

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[Endorsement] 

Rosbothom against Haryson 

[in pencil in a different hand]

1535

/7

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[Endorsement] 

On the 7^th day of the month of October in the year of our Lord above-written Brian presented the libel

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

Translation copyright ©2022 P J Cox All Rights Reserved

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In the name of God, Amen: before you, venerable Master Richard Smyth, Bachelor of Canon Law, official of the lord archdeacon of Chester, or any other commissary whomsoever lawfully deputed in that behalf; the party of the distinguished John Minshull and Sir Gilbert Lightfote,chaplain, jointly and severally, against Alice Scariot, formerly of the parish of Warmingham, of the diocese of Coventry and Lichfield and against any other whomsoever lawfully intervening before you in judgement for the same says, alleges and propounds in these writings in law jointly, severally and in articles as follows:

m         Firstly, the party of the said John Mynshull and Sir Gilbert Lightfote propounds and it is articled jointly and severally, as aforesaid, that there is a certain constitution of the province of Canterbury promulgated, concerning sentence of excommunication which begins ‘By authority of God, the Father almighty’ in which it is provided and established that all and singular subordinates and subjects of the province of Canterbury who for the sake of hatred or for any other cause whatsoever maliciously impute a crime to any person whereby he is defamed among good and substantial persons whereby canonical purgation is awarded to him or he is harmed in some other manner were and are by culpability bound and tied ipso facto by the sentence […] of major excommunication promulgated in the said constitution.

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m         Also, the plaintiff aforesaid propounds and it is articled that the aforesaid Alice Scariot was and is subordinate and subject to the said province of Canterbury […] and is taken and held as such, and openly, publicly and notoriously so known and reputed.

m         Also, the said plaintiff propounds and it is articled that the aforesaid Alice Scariot, not ignorant of the premises, but heedless of the health of her soul, led by an evil spirit, in the month of April in the present and current year of our Lord one thousand five hundred 34, namely on […] day of Easter last past, in the parish church of Warmingham, of the diocese aforesaid, openly and publicly before a multitude of people then assembled there, falsely, wickedly and maliciously and out of hatred, imputed to the aforesaid John Minshull and Sir Gilbert, and either of them, the crime set out below; namely that while a certain Edmund Kinsey of the said parish at the time […] the said Alice Scariot who had caused her, Alice, to defame Agnes, wife of the same Edmund, the said Alice Scariot openly and publicly replied, ‘Mary that did John Mynshull for he promised to geve [a] kyrtyll[1] for to sclaunder hyr to be a stronge[2] hore’ and with other defamatory words similar to these  and […]. 

m         Also, the same plaintiff propounds and it is articled that the aforesaid Alice Scariot, at the time and place aforesaid, and then immediately […] by the same Edmund […] had caused or instigated her to defame Agnes, his wife, of having committed adultery with someone, replied openly and publicly ‘Syr gilbert lightfote counseled and caused me so to sclaunder hyr an hor’ or by other defamatory and scandalous words similar to these, and […] the same ill-fame and scandal [and] he propounds jointly, severally and concerning any of these points, as before.

m         Also, the said plaintiff propounds and it is articled that before this said defamation and the imputation of the said crime, the aforesaid John Mynshull and Sir Gilbert Lightfoot have been and were, and either of them has been and was, men of good fame, […] opinions and taken, held, known and reputed as such between close friends and neighbours.

m         Also, the said plaintiff propounds and it is articled that by occasion and reason of this said defamation and these crimes or […] and good fame of the said John Mynshull and Sir Gilbert and, and either of them, are grievously injured, burdened […] their relatives and neighbours and also among good and substantial persons to the grave danger of the soul of Alice Scariot and to no small prejudice and damage to the said John and Sir Gilbert and the pernicious example of Christian faithful, and he propounds as before.

m         Also, the same plaintiff propounds and it is articled that all and singular the premises were and are true, public, notorious, flagrant and public voice and fame were circulating of and upon the same, just as they are circulating at present, in the parish of Warmingham and other places neighbouring the same.

[1] kirtle = a gown or skirt

[2] strong = (of a crime) gross or flagrant

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Whereupon, due proof being made, as required by law in the premises, the party of the said John Mynshull and Sir Gilbert Lightfoot, and either of them severally, prays that the aforesaid Alice Scariot, by occasion and reason of the premises, has culpably sustained and incurred major excommunication issued ipso facto in the manner as is aforesaid in the said constitution of the province, and is and was bound and […] by that, and is pronounced, decreed such and as such should be publicly denounced and the said Alice Scariot should be canonically punished for such excess of temerity, according to the due requirement of law:  and will be condemned in the lawful costs of this suit incurred and […] on behalf of the said John and Sir Gilbert and either of them, and, having been condemned, will be canonically obliged and compelled to the real payment of the same by you passing your definitive sentence in that behalf, lord judge aforesaid; and furthermore that what is of law and reason in the premises may be done, established and decreed; the plaintiff aforesaid propounds the premises and prays that they are be done jointly and severally, not obliging himself to prove all and singular the premises, but so far as he has proved in the premises thus far may he obtain in the petitions, always reserving the benefit of law in all things, humbly imploring your office in the premises, lord judge.

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[Endorsement] 

Mynshull

against Scariot

Lightfoot 

[in pencil in a different hand]

1534

/6

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

Translation copyright ©2022 P J Cox All Rights Reserved