Ref: EDC 5/1580/10

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[…] 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.

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[…] 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.

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[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

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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

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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.

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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.

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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.

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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

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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.

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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.

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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

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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

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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.

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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.

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 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.

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[Endorsement]

[…] Jackson […]

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

Translation copyright ©2022 P J Cox All Rights Reserved