Ref: EDC 5/1575/1
Catalogue Entry:
EDC 5/1575/1 CHESTER (St Werbergh) Joan Shepherd wife of Robert c Francis and Margaret Sefton for saying she was a whore and a carted whore – libel.
Summary:
Jane Shepherd contra Francis Sefton and Margaret Sefton.
Jane, wife of Robert Shepherd, of the parish of St Werburgh also known as St Oswald in Chester, claimed that Francis Sefton and his wife, Margaret, of the same parish had called her a whore and a carted whore. The plaintiff’s forename is given in Latin as both Jane and Joan.
Original Document
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Translation
[1575/1 image 1]
[…] of the honest woman, Jane Shepherd, wife of Robert Shepherd, of the parish of St Werburgh of Chester diocese against Francis Sefton and Margaret, his wife, of the parish aforesaid 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 and articles in these writings in law as follows:
1 Firstly, that all and singular subordinates and subjects of this realm of England who speak, utter, assert, express or declare abuse, disparagements or opprobrious, disparaging and scandalous or 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 and articles as above.
2 Also, that the said Francis Sefton and Margaret, his wife, not being ignorant of the premises but heedless of the welfare of their souls, being induced, as it is believed, by an evil spirit, seriously and grievously defamed the said Jane Shepherd, previously in no way defamed, in the months of March, April, May, June, July, August, September, October, November, December, January, February in the year of our Lord 1575, or in any of those months whatsoever, in one or other of them, namely he said ‘that the said plantiffe was a whore and A Carted whore[1]’ he said and uttered these defamatory words of the same Jane, the plaintiff, or other words similar to these and importing the same effect; his wife, Margaret, asserting and affirming the same words, as will become clear and appear by lawful proofs in the event of this suit, and he propounds as above.
[1] At the time ‘whore’ usually implied promiscuity rather than prostitution. Women found guilty of promiscuity by a secular court could be punished by being paraded through the streets in an open cart. Hence ‘carted whore’ was more seriously defamatory than ‘whore’.
Transcript
[1575/1 image 1]
[…] honeste [mulieris Jane S]hepherd vxo[ris Roberti Shepherd]
parochie Sancte Warb[ridg]ij Cestrensis diocesis contra et aduersus
Franciscum Sefton et Margaretam vxorem eius parochie
predicte ac contra quemcunque alium Coram vobis pro eisdem
in iudicio legitime interuenientem per viam querele et vobis
in hac parte querelando dicit allegat et in his scriptis
in iure proponit Articulatur pro vt sequitur
1 Inprimis Quod omnies et singuli huius regni Anglie
subditi et subiecti qui convicia vituperia verbaue
opprobriosa vilipendiosa et scandalosa vel diffamatoria
ad alicuis bone fame lesionem seu denigracionem
sonantia vel tendentia contra bonos mores de aliquo dicunt
emittunt asserunt proferunt seu predicant fuerunt
et sunt Canonice corrigendi et puniendi et vt ab huiusmodi
Convicijs vituperijs [et verbis] diffamatorijs desistant et se pe-
nitus abstineant in futurum cogendi et compellendi
et ponit et Articulatur pro vt supra
2 Item Quod dictus Franciscus Sefton et Margareta
vxor eius premissorum non ignari imo animarum suarum salutis
immemores spritu vt creditur maligno ducti dicunt [for dictam]
Jannam Shepherd prius minime diffamatam Mensis
Martij Aprilis Maij Junij Julij Augusti Septembris
Octobris Novembris decembris Januarij Februarij
Anno domini 1575 eorumue mensium quolibet vno siue aliquo
grauiter et enormiter diffamauerunt videlicet dixit
that the said plantiffe was a whore and A
Carted whore hec verba diffamatoria seu alia verba
his similia et eundem effectum importantia de eadem
Janna parte actrice dixit et protulit vxor sua Margareta
eadem verba asserens et affirmans pro vt in euentu
huius litis per probaciones legitimas liquebit et appa-
rebit Et ponit vt supra
Original Document
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Translation
[1575/1 image 2]
[3] […] Jane is burdened and […] she 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 and articles as above.
4 Also, that the said Francis Sefton and Margaret, his wife, were and are of the parish of St Werburgh of Chester diocese and for that reason subordinate and subject to your jurisdiction; and he propounds as above.
5 Also, that it was and is on behalf of the said Jane Shepherd, wife of Robert Shepherd, that complaint is rightly and lawfully made to you, lord judge aforesaid, and to your Chester consistory court; and he propounds as above.
6 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.
Whereupon, due proof being made as required by law in this regard, the party of the said Joan Shepherd prays that right and justice may be done and administered to her in all and singular the premises and that it is decreed that the said Francis Sefton and Margaret, his wife, 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 they will be punished with effect etc.; and also in the lawful costs incurred on the part of the said Jane Shepherd in that behalf, and he protests those to be incurred, by you and your definitive sentence, lord judge aforesaid; always reserving in all things; humbly imploring your office in the premises, lord judge aforesaid.
Transcript
[1575/1 image 2]
[3] […] Janne […] grauantur et […]
fuit et est in nonnullis laboribus et expensis ac
alias et aliunde mulipliciter fatigata vexita gravata onerata
et perturbata ac apud et inter bonos et graues minorum
reputacionis et favoris bonique et graues adhibuerunt et
dederunt adhibentque et dant in presenti eidem Janne
minorem fidem atque favorem pretextu premissorum Et
ponit et Articulatur prout supra.
4 Item Quod dictus Franciscus Sefton et Margareta
eius vxor fuerunt et sunt parochie SancteWarbridgij Cestrensis
diocesis et eo pretextu vestre iurisdiccionis subditi et subiecti Et ponit
vt supra
5 Item Quod fuit et est per partem dicte Joanne Shepherd
vxoris Roberti Shepherd ad vos dominum Judicem antedictum
et ad Curiam vestram Consistorialem Cestrensem rite et legitime
querelatum et ponit vt supra
6 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 Janne Shepherd ius et iusticiam sibi
in premissis omnibus et singulis fieri et ministrari Ac
dictum Franciscum Sefton et Margaretam vxorem eius pro
vt supradictorum criminium impositione et huiusmodi verborum
scandalosorum et diffamatoriorum prolacionem et predicacionem predictorum
iuxta iuris debitam exigentiam Corrigendos et puniendos fore
debere decerni et Cum effectu puniri et cetera Necnon in
expensis legitimis per partem dicte Janne Shepherd
in hac parte factis et protestatur de fiendis per vos et
vestram Sententiam diffinitivam domine iudex Antedicte
in omnibus semper salvo vestrum officium in premissis
humiliter Implorando
Original Document
Click to view fullscreen
Translation
[1575/1 image 3]
[The endorsement is illegible]
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
Transcript
[1575/1 image 3]
[The endorsement is illegible]
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
People
Sefton, Francis – defendant
Sefton, Margaret – defendant
Shepherd, Jane (Joan) – plaintiff
Shepherd, Richard – husband of plaintiff