Ref: EDC 5/1/5

Catalogue Entry:

EDC 5/1/5 Libel in matrimonial cause: Piers Orrell of Wigan co. L. states that wife Anne was enticed away from him by her friends. 16 Oct, 1533

Summary:

Anne Orell contra Piers Orrell.

The surviving material consist of the exceptions of Piers Orrell to his wife’s libel. Piers claimed that Anne had been lured away from him by her friends who told her that he was trying to poison her he admitted that he had sent away a woman he had been keeping in his house and who was alleged to be his concubine. He claimed that Anne’s friends were keeping her closely confined and the reason they had done so involved ‘certen greate & notable summes’ of money due to him.

Year

1533

Type of Cause:

Matrimonial – separation from bed and board (adultery and cruelty)

Cause Papers:

Exceptions to the libel

Exceptions to the libel (image 1)

Original Document

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Translation

[5/1/5 image 1] 

In the name of God, Amen; in a certain pretended cause of divorce from bed and board which is pending undecided before you, master Richard Smyth, Bachelor in Decretals, official of the lord […] between Anne Orell, wife of Piers Orell, pretended party plaintiff on the one part, and the same Piers Orell, her husband, the pretended defendant on the other part; in the term assigned to him, the aforesaid Piers, for alleging and propounding certain just and true material […] Anne and the pretended libel, wickedly made and offered on her behalf by pretended council, says and alleges and in these writings in the vulgar tongue alleges and propounds the said material as follows:

m         Firstly, ‘the sayd Piers Orell allegeth & saythe that the sayd Anne his wyffe wolde neuer haue caused hym […] ben Cited ner sued before your maystershyp here ner elles where for eny suche matter as is vntruly & wykedly […] & alleget in the sayd pretensid libell but only by & throghe the wykyd & peruerse councell […] of certen persons whiche take apon theym to be her Frendes the whiche persons only by there enticement caused her to goo with theym from her sayd husband and so do kepe her styll amongest theym with force […] to her owne mynde & will yf she now myght be at her owne Fre wyll & libertie to do as she […] withoute drede & daunger of the saydes persons’.

m         Also ‘the sayd Piers Orell allegeth & sayth that the saydes persons wolde neuer haue councelled  ner constrayned his sayd wyffe to do as she hathe done for eny maner proffet help or releffe vnto her […] the true entent purpas & mynde of theym was & is for the deley of certen greate & notable summes of […] the sayd persons  shulde pay vnto the sayd Piers Orell & his sayd wyffe whiche they […] be delayed & witholden for euer yf they myght brynge the sayd devorce to passe’.

m         Also ‘the sayd Piers allegeth & saythe that euer sythe the tyme that his sayd wyffe was taken […] hym she hathe ben in  strayte  & secrete kepynge amongest the saydes persons inso myche that no man […] come to speyke with her but suche as her saydes Frendes wyll suffre for feyre lest eny wolde come […] to goo agayne to <hym> her sayd husband by reason wherof she is vtterly excludet from all fre wyll & liberty […] so she remayneth still in suche custodie & kepyne more lyke vnto a prison then otherwyse’.

m         Also ‘the sayd Piers saythe that he hathe ben credibly enformed by suche persons as haue […] commynycacion with his sayd wyffe that yf she myght be her owne worthy & at her owne libertie she […] come whom[1] to hym & to her owne house agayne yf she knew that  her sayd husband wolde in lyke wyse be pleased & contented’.

[1] Home

Transcript

[5/1/5 image 1] 

In dei nomine amen In quadam pretensa causa diuorcij a mensa et thoro que coram vobis magistro Ricardo Smyth in Decretis baccallario Officiali do[mini …]
inter Annam Orell vxorem Petri Orell partem actricem pretensam ex vna et Idem Petrum Orell virum suum partem se defendentem ex altera [pendet]
indecisa In termino sibi prefato Petro assignato ad allegandum et proponendum quendam materiam iustam et veram et maxime […]
Annam et pretencum libellum ex parte sua nequiter ex concilio pretenso facto et oblato dicit et allegat et in hijs [scriptis]
in vulgari lingua sequitur dictam materiam allegat et proponit 

m         In primis the sayd Piers Orell allegeth & saythe that the sayd Anne his wyffe wolde neuer haue caused hym […]
ben Cited ner sued before your maystershyp here ner elles where for eny suche matter as is vntruly & wyke[dly …]
& alleget in the sayd pretensid libell but only by & throghe the wykyd & peruerse councell […]
of certen persons whiche take apon theym to be her Frendes the whiche persons only by there entice[ment]
caused her to goo with theym from her sayd husband and so do kepe her styll amongest theym <with force> […]
to her owne mynde & will yf she <now> myght be at her owne Fre wyll & libertie to do as she […]
withoute drede & daunger of the saydes persons

m         Item the sayd Piers Orell allegeth & sayth that the saydes persons wolde neuer haue councelled
ner constrayned his sayd wyffe to do as she hathe done for eny maner proffet help or releffe vnto her […]
the true entent purpas & mynde <of theym> was & is for the deley of certen greate & notable summes of […]
the sayd persons  shulde pay vnto the sayd Piers Orell & his sayd wyffe whiche they […]
be delayed & witholden for euer yf they myght brynge the sayd devorce to passe

m         Item the sayd Piers allegeth & saythe that euer sythe the tyme that his sayd wyffe was taken […]
hym she hathe ben in  strayte  <& secrete> kepynge amongest the saydes persons inso myche that no man […]
come to speyke with her but suche as her saydes Frendes wyll suffre for feyre lest eny wolde come […]
to goo agayne to <hym> her sayd husband by reason wherof she is vtterly excludet from all fre wyll & lib[erty …]
so she remayneth still in suche custodie & kepyng more lyke vnto a prison then otherwyse

m         Item the sayd Piers saythe that he hathe ben credibly enformed by suche persons as haue […] commynycacion with his sayd wyffe that yf she myght be her owne worthye & at her owne libertie she […]
come whom to hym & <to> her owne house agayne yf she knew that  her <sayd husband> wolde in lyke wyse […]
pleased & contented

Exceptions to the libel (image 2)

Original Document

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Translation

[5/1/5 image 2]

m         Also ‘the sayd Piers allegeth & saythe that where it is vntruly wykydly & maliciously surmysed & alleg[ed …] sayd pretended libell that he shuld be […] & abowte to poysen hys sayd wyffe and also that he […] a concubyne & a harlot within his owne house the trothe therof is that he neuer entendyt by nyght […] day more hurte ner harme vnto his said wyffe then he entendet to his owne bodye and as […] said woman whiche is allegit that he shuld kepe he hathe now avoydet[1] her owte of his house […] company for euer And prayeth that his sayd wyffe may be restored to hym agayne and that she be […] ner letted[2] from the same by meanes of her sayd Frendes but that she may be at her owne lib[erty …] & the rather Inso myche it is a matter concernynge? the helth of bothe theyre soules and yf his sayd wyffe by mea[ns …] false enformacions of her saydes Frendes or otherwyse do drede or Fere euery maner of vnlawfull […] hym her sayd husband he shall bynde hym with sufficient sureties with hym in a grette somme […] to enny suche person or persons as shalbe thoght convenyent to be bounden vnto that he shold in all th[inges …] well & convenyently order & kepe his sayd wyffe at his bedde & borde & all other thynges lawfull […] honest man shuld do his wyffe withoute  Ieperdie[3] of enny bodyly hurte or harme to her by hys […] done’.

m         ‘All whiche premisses be verry true & evidently knowen in & by all the paroche of Wygen & the […] there abowtes wherefore the sayd Piers Orell prayeth that a personall Citacean may be […] sende for his sayd wyffe by meanes wherof she may be caused personally to appere before your maystershyp here at the next Consistorye to vnswere to the premisses by reason of whose vnswere the troth […] euery thyng shalbe evydently knowen withoute enny further proves therapon  to be had yf she […] libertie to say the trothe withoute drede & Feyre of theym which haue her nowe at theyre […] gydynge’.

[1] Avoid = to remove
[2] Let = to keep back, hinder
[3] Jeopardy = danger

Transcript

[5/1/5 image 2]

m         Item the sayd Piers allegeth & saythe that where it is vntruly wykydly & maliciosly surmysed & alleg[ed …]
sayd pretensed libell that he shuld be […] & abowte to poysen hys sayd wyffe and also that he […]
a concubyne & a harlot within his owne house the trothe therof is that he neuer entendyt by nyght […]
day more hurte ner harme vnto his said wyffe then he entendet to his owne bodye and as […] sayd woman whiche is allegit that he shuld kepe he hathe now avoydet her owte of his house […]
company for euer And prayeth that his sayd wyffe may be restored to hym agayne and thatt she be […]
ner letted from the same by meanes of her sayd Frendes but that she may be at her owne lib[erty …]
<& the rather> Inso myche it is a matter concerninge? the helth of bothe theyre soules and yf his sayd wyffe by mea[ns…]
false enformacions of her saydes Frendes or otherwyse do drede or Feyre euery maner of vnlawffull […]
hym her sayd husband he shall bynde hym with sufficient sureties with hym in a grette somme […]
to enny suche person or persons as shalbe thoght convenyent to <be> bounden vnto that he shold in all th[inges …]
well & convenyently order & kepe his sayd wyffe at <his> bedde & borde & all other thynges lawfull […]
honest <man> shuld do his wyffe withoute  Ieperdie of enny bodyly hurte or harme to her by hys […]
done

m         All whiche premisses <be> verry true & evidently knowen in & by all the paroche of Wygen & the […]
there abowtes wherefore the sayd Piers Orell prayeth that a personall Citacean may be […] sende for his sayd wyffe by meanes wherof she may be caused personally to appere before your may[stershyp]
here at the next Consistorye to vnswere to the premisses by reason of <whose> vnswere the troth […]
euery thyng shalbe evydently knowen withoute enny further proves therapon  to be had yf she […]
libertie to say the trothe withoute drede & Feyre of theym which haue her <nowe> at theyre […]
gydynge

Exceptions to the libel (image 3)

Original Document

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Translation

[5/1/5 image 3] 

[Endorsement]

Certain material of Piers Orell

On the 16th day of the month of October in the one thousand five hundred 33rd year of our Lord, Pyllyn gave this material in the presence of Brian Garnett etc.

 

Transcript

[5/1/5 image 3] 

[Endorsement]

quedam materia Petri Orell

xvjto die mensis octobris Anno domini Millesimo quingentesimo xxxiijo
pyllyn in presentia brian garnett dedit materiam et cetera

Exceptions to the libel (image 4)

Original Document

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Translation

[5/1/5 image 4] 

[Endorsement]

[in pencil in a different hand]

1533 Oct.16 Allegations of Peter [or Piers] Orrell.

His wife Anne entised and taken away from him by her friends.

/5

EDC 5

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

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[5/1/5 image 4] 

[Endorsement]

[in pencil in a different hand]

1533 Oct.16 Allegations of Peter [or Piers] Orrell.

His wife Anne entised and taken away from him by her friends.

/5

EDC 5

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

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Anne Orrell – plaintiff

Piers Orrell – defendant

Officials

Richard Smyth – official of the archdeacon of Chester

Subjects

Separation from bed and board

Women

Proctors

Brian Garnett – proctor for the plaintiff

William Pyllyn – proctor for the defendant

 

Places

Wigan