Ref: EDC 5/1580/11

Click to view fullscreen

[1580/11 image 1]

[…] deputy or any other judge whomsoever competent in this regard, the party of the distinguished and honest woman, Jane Chetam, wife of Henry Chetam, of the parish of Manchester of the archdeaconry of Chester against Richard Hall, clerk, of the parish and archdeaconry aforesaid  and against any other person or persons whomsoever lawfully intervening before you in judgement, by way of complaint and complaining to you in this behalf says, alleges and propounds in these writings in law in articles as follows:

1          Firstly, namely that all and singular subordinates and subjects of this realm of England who speak, utter, express or declare abuse, disparagements or opprobrious, disparaging or scandalous words of anyone against public morals and with malicious intent were and are to be canonically corrected and punished according to the laws and statutes of this realm of England; and he propounds jointly, severally and concerning any part thereof.

2          Also, that notwithstanding the premises and they being true, the aforesaid Richard Hall, clerk, not being ignorant of them but forgetful of the welfare of his soul, being induced, as it is believed, by an evil spirit, in the months of September, October and November in the year of our Lord 1580, or in any of those months whatsoever, in one or other, with malicious intent and against public morals seriously and grievously defamed the said Jane Chetam, previously in no way defamed, and he uttered and pronounced these following opprobrious, defamatory and scandalous words or similar in effect to these and importing the same effect openly and publicly before trustworthy witnesses within the churchyard of the parish church of Manchester aforesaid or in other neighbouring places, namely ‘seinge the said Henrie Chetam walkinge there <[…]> the said Richard spake vnto him audibly this place is not fitt for any Cuckoldes to walke in And the said’

Click to view fullscreen

[1580/11 image 2]

[…] the same Richard Hall uttered and pronounced these defamatory words or similar in effect to these and importing the same effect with malicious intent and against public morals; and he propounds jointly, severally and concerning any part thereof.

3          Also ‘That the Common Exposicion <& meaninge> of the said sclaunderous wordes within the parishe of manchester & other places thereaboutes was & is that the said Jane Chetam had abused her self in Adultrie or incontinencie & soe are the same words commonly reputed & taken & not in any other Sense or meaninge; and he propounds as before.

4          Also, that the aforesaid Jane Chetam, before the utterance of the said defamatory words and until then, was a woman of good fame, honest conversation and unblemished reputation and as such openly, publicly and notoriously commonly called, held, considered, named and reputed among good and substantial people; and he propounds as before.

5          Also that by occasion and reason of the utterance of these defamatory words the standing and good fame of the aforesaid Jane Chetam are seriously and grievously injured and diminished among and between good and substantial people and the same Jane was and is of less reputation after the utterance of the same words than before; and he propounds as before.

6          Also, that the aforesaid Richard Hall was and is of the parish of  Manchester and for that reason notoriously subordinate and subject to your jurisdiction; and he propounds as before.

7          Also, that it was and is on the part and behalf of the said Jane Chetam that this action is lawfully brought to you and your Chester consistory court; and he propounds as before.

Click to view fullscreen

[1580/11 image 3] 

[…] public voice and fame are circulating.

Whereupon, due proof being made as required by law in this regard, the party of the said Jane Chetam prays that right and justice may be done and administered to her with effect in all and singular the premises and that that the said Richard Hall will be punished by ecclesiastical censures and according to the demands of the law in that regard on account of his rash presumption in pronouncing the defamatory words aforesaid or similar in effect to them; and also that he will be condemned in the lawful costs incurred on behalf of the aforesaid Jane, and he protests those to be incurred, and having been condemned, that he will be obliged and compelled to the real payment of the same, by you and your definitive sentence, lord judge aforesaid; and otherwise, that what will have been of right and reason in the premises and anything whatsoever concerning them is done, established and decreed; this party 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, concerning which he protests, but so far as he will have 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; and this party asserts the right of adding to, correcting and amending at an appropriate and suitable place and time etc.

Click to view fullscreen

[1580/11 image 4] 

[Endorsement] 

[…] Richard Hall, clerk, a cause of defamation, offered 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