Ref: EDC 5/1580/8

Catalogue Entry:

EDC 5 1580. 8. ALDFORD Alice Hasewell c Ellen Barrowe saying she had a child before her marriage – libel, depositions.

Summary:

Alice Haselwall, wife of Christopher Haselwall, contra Ellen Barrowe

The exceptions by the defendant against the witnesses for the plaintiff include what amounts to a libel for defamation and claim for costs against the plaintiff, thus turning the exceptions into a form of counterclaim.

Year

1580

Type of Cause:

Defamation – sexual slander

Cause Papers:

Libel
Depositions
Exceptions against the witnesses

Libel (image 1)

Original Document

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Translation

[1580/8 image 1]

In the name of God, Amen; before you, venerable Master Robert Leche, Doctor of Laws, lawfully deputed official of the Chester consistory court, or any other judge whomsoever competent in this regard, the party of the honest woman, Alice Haselwall, wife of Christopher Haselwall, of the parish of Aldford of Chester diocese against Ellen Barrowe of the parish and diocese aforesaid, and against any other person or any other persons 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 in articles as follows:

1          Firstly, namely that all and singular persons who speak, utter, assert, express or declare abuse, disparagements or abusive, disparaging, scandalous, defamatory words or any other matter of any person sounding or tending to the slander, injury, denigration or diminution of the good character of any person, were and are to be lawfully corrected and punished according to the requirement of law; and he propounds jointly, severally and concerning any part thereof.

2          Also, that the said Ellen Barrowe maliciously and by reason of hatred in the months of March, April, May and June in the year of our Lord 1580, now current, or in any of them whatsoever, in one or other of them, defamed the aforesaid Alice, previously in no way defamed, within the said parish of Aldford and in a number of other parishes or in any of those places whatsoever, in one or another, and several abusive, disparaging, scandalous and defamatory words or others sounding and tending to the denigration and diminution of the standing and good fame of the said Alice, and especially she said, expressed, uttered, asserted and declared to her or of her the following words in English, or others similar in effect namely, ‘she’ meaning the said Alice Haselwell, ‘hath had a child before she was married’; and he propounds as before.

3          Also, that by reason of the premises the standing and good fame of the said Alice are severely injured and burdened among good and substantial people; and he propounds as before.

4          Also, that it was and is rightly and lawfully complained and represented to you, lord Judge, about and upon all and singular the premises for and on behalf of the said Alice; and he propounds as before.

Transcript

[1580/8 image 1]

In dei nomine amen Coram vobis vobis venerabili viro Magistro Roberto
Leche legum doctore Officiali Curie Consistorialis Cestrensis <legitime deputato> seu
alio Judice competenti quocunque Pars honeste mulieris
Alicie Haselwall vxor <Christoferi Haselwall> parochie de Awdford Cestrensis diocesis contra
et aduersus Ellenam Barrow parochie et diocesis predicte Necnon contra
et aduersus quemcunque alium seu quoscunque alios coram
vobis in Judicio pro eadem legitime intervenientem per viam
querele et vobis in hac parte querelando dicit allegat
et in hijs scriptis in Jure proponit articulatim provt sequitur

1          Imprimis videlicet quod omnes et singuli qui convitia vituperia verbave
convitiosa vituperiosa scandalosa diffamatoria seu alia
ad infamiam lesionem denigracionem siue diminutionem
status et bone fame alicuis sonantia et tendentia contra
bonos mores de aliquo dicunt emittunt asserunt
proferunt seu predicant fuerunt et sunt iuxta Juris
exigentia legitime corrigendi et puniendi ac ponit coniunctim
diuisim et de quolibet

2          Item quod dicta Ellena Barrowe mensibus martij Aprilis
Maij et Junij anno domini 1580 iam currenti eorundemve
mensium quolibet vno siue aliquo infra dictam parochiam
de Awdford aliasque nonullas parochias eorundemve
locis quolibet vno siue aliquo prefatam Aliciam de
et super criminibus infrascriptis pruis minime
diffamatam maliciose atque ex causa odij diffamavit
ac nonnulla verba convitiosa vituperiosa scandalosa
et diffamatoria seu alia ad infamiam lesionem
denigracionem et diminutionem status et bone
fame dicte Alicie sonantia et tendentia et presertim
verba anglicis sequentia seu alia eis in effectu
consimilia videlicet she Innuendo dictam Aliciam
haselwell hath had a child before she
was married eidem seu de eadem dixit emisit
protulit asseruit et predicavit ac ponit vt supra

3          Item quod pretextu premissorum status et bona fama dicte
Alicie apud bonos et graves enormiter leduntur
et gravantur ac ponit vt supra

4          Item quod de et super premissis fuit et est ex parte et
per partem dicte Alicie apud vos domine Judex rite
et legitime querelatum et demonstratum ac ponit vt
supra

Libel (image 2)

Original Document

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Translation

[1580/8 image 2]

5          Also, that the aforesaid Ellen Barrowe was and is of the parish of Aldford of Chester diocese and thus notoriously subordinate and subject to your jurisdiction; and he propounds as before.

6          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 regarding and concerning this, just as they are at present.

Whereupon, due proof being made as required by law in this regard, for the making of which according to the requirements of law, this party offers himself, willing and ready, at a suitable and opportune place and time, the same party prays that right and justice should effectively be done and administered to him in the premises and that the aforesaid Ellen Barrowe will be corrected and punished according to the requirements of law for so great an excess of rashness and that she will be effectively corrected and punished; and also that she will be condemned in the lawful costs incurred on the part of the said Alice in this, and he protests those to be incurred, and having been condemned, that she will be obliged and compelled to the due and real payment of the same by you and your definitive sentence or your final decree, lord judge aforesaid

and otherwise, that what will have been of right and reason in the premises may be done, established and decreed; which this party propounds 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.

Transcript

[1580/8 image 2]

5          Item quod prefata Ellena Barrowe fuit et est parochie de
Awdford Cestrensis diocesis et sic vestre Jurisdiccionis notorie subdita
et subiecta ac ponit vt supra

6          Item quod premissa omnia  et singula fuerunt et sunt vera
publica notoria manifesta pariter et famosa atque de et
super eisdem laborarunt provt in presenti laborant publica
vox et fama

Vnde facta fide de Jure in hac parte
requisita ad quam faciendam iuxta Juris exigentiam
offert se pars ista prompta et parata pro loco et tempore
congruis et oportunis petit eadem pars ius et
iusticiam sibi in premissis fieri et ministrari cum
effectu prefatamque Ellenam Barrowe pro tante sue
temeritatis excessu iuxta Juris exigentiam debite
corrigendam et puniendam et cum effectu corrigi et
puniri Necnon in expensis legitimis ex parte et per
partem dicte Alicie in huiusmodi factis et protestatur
de fiendis condempnari condempnatamque ad debitam
et realem solucionem earundem cogi et compelli per
vos et vestram Sententiam diffinitiuam siue vestrum finalem
decretum domine Judex antedicte

Vlteriusque fieri
statui et decerni in premissis quod Juris fuerit et
racionis Que proponit et fieri petit pars ista
coniunctim et diuisim non arctans se ad omnia et singula
premissa probanda nec ad onus superflue probacionis
de quo protestatur sed quatenus probauerit in premissis
eatenus obtineat in petitis Juris beneficio in
omnibus semper salvo vestrum officium humiliter Implorando

Libel (image 3)

Original Document

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Translation

[1580/8 image 3]

[Endorsement]

Alice Hasewall, wife of Christopher Haselwall, of the parish of Aldford against Ellen Barrowe of the same in a cause of defamation.

[in pencil in a different hand]

Aldford

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

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/8 image 3]

[Endorsement]

Alicia Haselwall
vxor Christoferi
Haselwall parochie
de Awdford
contra Ellenam
Barrowe de eadem
in causa diffamationis

[in pencil in a different hand]

Aldford

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

Transcript copyright ©2022 P J Cox All Rights Reserved

Depositions (image 4)

Original Document

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Translation

[1580/8 image 4]

[…] Alice Haselwall against Ellen Barrowe taken before Master Robert Leche, Doctor of Laws, on the 12th day of September 1580

James Calveley of the parish of Aldford of the age of about […] years has known Alice Haselwall for 6 […] years and Ellen Barrowe for 12 years at least.

To the first article he believes that the same is consonant[1] with justice and equity.

To the second article ‘this deponent saieth That Christofer Haselwall husband to the saide Alice sent for this deponent to come […] with hym being in the streete and this deponent came with the messenger vnto the saide Christofer and founde with hym Raphe Churton his contest[2] and immediatlie appon his cominge the said Christofer willed this deponent and the saide Raphe Churton to goe vnto Ellen Barrowe the defendant and to demaunde of her what shee could saie against his wyfe And this deponent togeather with the saide Churton

[1] Consonant = in accordance with.

[2] Contest = fellow witness.

Transcript

[1580/8 image 4]

[…]

[Alicia] Haselwall contra Ell[enam Barrowe]
capt’ coram magistro Robert[o leche]
legum doctore xxijd die [Septembris]
1580

Jacobus Calveley parochie de Aldford etatis sue circiter […]
Annorum novit Aliciam Haselwall per sex […]
Annos et Ellenam Barrowe per xij A[nnis]
adminus

Ad Primum articulum credit eundem esse consonum
Juri et equitati

Ad secundum articulum this deponent saieth
That Christofer Haselwall husband to the saide
Alice sent for this deponent to come […]
with hym being in the streete and this deponent
came with the messenger vnto the saide
Christofer and founde with hym Raphe
Churton his contest and immediatlie
appon his cominge the said Christofer
willed this deponent and the saide
Raphe Churton to goe vnto Ellen Barrowe
the defendant and to demaunde of her
what shee could saie against
his wyfe And this deponent
togeather with the saide Churton

Depositions (image 5)

Original Document

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Translation

[1580/8 image 5]

went to the house of the […] and according to the request of the Saide Christofer demaunded of her if shee could saie annie thinge against Alice Haselwall plaintiff And then the defendant Answered that that I haue saied I will nott denie And that that I haue saied I hard of Raphe Huxley that shee’ meaning the said Alice ‘hath had a chylde before shee was maried And I and Katheren Catherall haue hard of one other a stranger that dwelt with John Caterall of Churton the same speaches And tell the plaintiff I told her heareof v or sixe yeare agoe And then this deponent with the saide Raphe departed backe to the saide Christofer and told hym the speaches which the saide Ellen had vttered’ and these statements were ‘about six weekes after Easter last And saieth that the said plaintiff hath bene and yet is accompted to haue bene of good and honest Conversacion both maid and wife’.

Transcript

[1580/8 image 5]

[went to the house of the …]
and according to the request of the
Saide Christofer demaunded of her <if>
shee could saie annie thinge against
Alice Haselwall plaintiff And then the
defendant Answered that that I
haue saied I will nott denie
And that that I haue saied
I hard of Raphe Huxley that
shee innuendo dictam Aliciam hath
had a chylde before shee was maried
And I and Katheren
Catherall haue hard of one other
a stranger that dwelt with John Caterall
of Churton the same speaches And
tell the plaintiff I told her heareof v or
sixe yeare agoe And then this deponent
with the saide <Raphe> departed backe to
the <saide> Christofer and told hym the speaches
which the saide Ellen had vttered et hec dicta erant about six weekes after
Easter last <And saieth that the said plaintiff hath
bene and yet is accompted to haue bene of good and
honest Conversacion both maid and wief>

Depositions (image 6)

Original Document

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Translation

[1580/8 image 6]

To the third article, he believes that the same is true.

To the fourth article, he believes that the same is true.

To the fifth article, he says that the same is true.

To the last he says that the depositions he has made before are true.

Ralph Churton of the parish of Aldford, his age about 30 years, has known Alice Haselwall for 8 years and Ellen Barrowe for 12 years at least.

To the first article he believes that the same is consonant with justice and equity.

To the second article ‘this deponent saieth that Christofer Haselwall husband to the said Alice sent for This deponent to come speeke with hym being in the streete and this deponent came with The messenger vnto the saide Christofer And then immediatlie hee sent for James Calveley his precontest[1] who alsoe came and appon his coming the said Christofer willed this deponent and the saide James Calveley to goe vnto Ellen Barrowe the defendant and to demaunde of her what shee coulde saie against his wyfe And the saide James.togeather with this deponent went to the house of the saide Ellen and according To the request of the saide Christofer demaunded of her yf shee could saie

[1] Precontest = previous witness.

Transcript

[1580/8 image 6]

Ad Ter[tium] articulum credit eundem esse [verum]

Ad Quartum articulum credit eundem esse [verum]

Ad Quintum articulum dicit eundem esse ve[rum]

Ad vltimum dicit predeposita per eum esse vera

Radulphus Churton parochie de Aldford etatis sue circiter
xxx Annorum novit Aliciam Haselwall per
viij Annos et Ellenam Barrowe per
xij Annos adminus

Ad primum articulum credit eundem esse consonum Juri
et equitati

Ad secundum articulum this deponent saieth that Christofer
Haselwall husband to the said Alice sent for
This deponent to come speeke with hym being
in the streete and this deponent came with
The messenger vnto the saide Christofer And
<then immediatlie hee sent for James Calveley> his precontest <who alsoe came> and
appon his coming the said Christofer
willed this deponent and the saide <James
Calveley> to goe vnto Ellen Barrowe the defendant
and to demaunde of her what shee coulde saie
against his wyfe And the saide <James>
togeather with this deponent went to the
house of the saide Ellen and according
To the request of the saide Christofer
demaunded of her yf shee could saie

Depositions (image 7)

Original Document

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Translation

[1580/8 image 7]

anie thinge against Alice Haselwall plaintiff and Then the defendant Answered that that I haue saied I will nott denye and that that I haue saied I hard of Raphe Huxley that shee innuendo dictam Aliciam hathe had A chylde before shee was maried And I and Katherin Catherall haue hard of one other A stranger that dwelt with John Catterall of Churton the same speaches and that wee will depose of a booke wee hard the stranger soe saie & reporte And Tell the plaintiff I told her heareof v or vj yeares agoe and then this deponent with The saide James departed backe to the saide Christofer and told hym the speaches which the saide Ellen had vttered’ and these statements were ‘about sixe weekes after Easter last and saieth that the saide plaintiff hathe byn & yett ys accompted to haue bin of good and honest conversacion both mayde & wyfe.’

To the third article, he believes that the same is true.

To the fourth article, he believes that the same is true.

To the fifth article, he says that the same is true.

To the last he says that the depositions he has made before are true.

Transcript

[1580/8 image 7]

anie thinge against Alice Haselwall plaintiff and
Then the defendant Answered that that I haue
saied I will nott denye and that that I
haue saied I hard of Raphe Huxley that
shee innuendo dictam Aliciam hathe had
A chylde before shee was maried And
I and Katherin Catherall haue hard
of one other A stranger that dwelt with
John Catterall of Churton the same speaches
and that wee will depose of a booke wee
hard the stranger soe saie & reporte And
Tell the plaintiff I told her heareof v or vj
yeares agoe and then this deponent with
The saide <James> departed backe to the
saide Christofer and told hym the speaches
which the saide Ellen had vttered et
hec dicta erant about sixe weekes
after Easter last and saieth that the saide
plaintiff hathe byn & yett ys accompted
to haue bin of good and honest conversacion
both mayde & wyfe

Ad Tertium articulum credit eundem esse verum

Ad Quartum articulum credit eundem esse verum

Ad Quintum articulum dicit eundem esse verum

Ad vltimum dicit predeposita per eum esse vera

Depositions (image 8)

Original Document

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Translation

[1580/8 image 8]

John Ha[rrison] of the parish of Aldford of the age of about […] years has known the plaintiff for 9 years and the defendant […] or thereabouts.]

 To the first he believes that the same is consonant with justice and equity.

To the second article ‘This deponent saith that […] May Last or somwhat before this deponent Did go to drink to the house of the defendant’s husband beinge an Ale house at what tyme the
said defendant fell in talk with this deponent of the plaintiff and said I hard Rafe Huxley say that she the said plaintiff had a child before she was married and this Deponent said he neuer knewe or hard of hit before than the said defendant said further that the said Rafe did so report hit to her before diuers witnes and this she spake to this deponent in her buttry’ otherwise she knows nothing to depose ‘sauinge he saieth she the plaintiff is reported to be a woman of verie good bahavior and so to haue continued maid and wife’.

To the rest he agrees with his precontest.

Anne Harrison, wife of Hugh Harrison, of the parish of Aldford of the age of about 50 years has known the plaintiff for 8 years and more and the defendant for about 8 years.

To the first article she thinks that the same is consonant with justice and equity.

To the 2nd article ‘This deponent saieth that apon Mayedaie Last this Deponent and the defendant came from Church together and by the way the defendant said to this Deponent I marvaile what ailes Christopher Hasselwall his wife’ meaning ‘the now plaintiff that she will not

Transcript

[1580/8 image 8]

Johannis Ha[rrison] parochie de Aldford etatis circiter […]
annos novit partem Agentem ix annos et partem defendentem […]
aut circiter

Ad primum credit eundem esse consonum Juri et equitati

Ad ijd articuluThis deponent saith that […]
May Last or somwhat before this deponent
Did go to drink to the house of the def[endant’s]
husband beinge an Ale house at what tyme the
said defendant fell in talk with this deponent of the
plaintiff and said I hard Rafe Huxley say that she
the said plaintiff had a child before she was married
and this Deponent said he neuer knewe or hard of hit
before than the said defendant said further that the
said Rafe did so report hit to her before diuers
witnes and this she spake to this deponent in her buttry
alias nescit deponere sauinge he saieth she <the plaintiff> is reported
to be a woman of verie good bahavior and so to haue
continued maid and wief

Ad reliquos concordat cum precontesto suo

Anna Harrison vxor Hugonis Harrison  parochie de Aldford
etatis circiter l annos novit partem agentem viij annos et vltra et
partem ream circiter viij annos

Ad primum articulum putat eundem esse consonum Juri et equitati

Ad ijd articuluThis deponent saieth that apon Mayedaie
Last this Deponent and the defendant came from Church together
and by the way the defendant said to this Deponent I
marvaile what ailes Christopher Hasselwall his
wief Innuendo the now plaintiff that she will not

Depositions (image 9)

Original Document

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Translation

[1580/8 image 9]

Lett me alone […] she the said’ […] meaningthe said plaintiff reioysed to here of my evill Doinges when the lettre was cast into my wyndowe but I Did not reioyce for hers when she had a child afore she was maried as she hard say and this Deponent willed her hold her peace for if such wordes were knowne they wold breede her trouble’ meaning ‘her the Defendant who without more wordes left this Deponent and went her way homewardes And further saieth that she the said Plaintiff is commenly reputed and taken to haue bene an honest gentlewoman maide and wief hitherto amongest her neybores

To the rest she agrees with her precontest.

Transcript

[1580/8 image 9]

Lett me alone […] she the said […]
innuendo the said plaintiff reioysed to here of my
evill Doinges when the lettre was cast into my
wyndowe but I Did not reioyce for hers when
she had a child afore she was maried as she
hard say and this Deponent willed her hold
her peace for if such wordes were knowne they
wold breede her trouble innuendo her the Defendant who
without more wordes left this Deponent and went
her way homewardes And further saieth that
she the said Plaintiff is commenly reputed and
taken to haue bene an honest gentlewoman
maide and wief hitherto amongest her neybores

Ad reliquos concordat cum precontesto suo

Depositions (image 10)

Original Document

Click to view fullscreen

Translation

[1580/8 image 10]

[Endorsement]


Examination of witnesses upon the libel on behalf of Alice Haselwall against Ellen Barrowe taken on the 22nd of September in the year 1580

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

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/8 image 10]

[Endorsement]

Examinacio testium
super libello ex parte
Alicie Hasewall
contra Elenam
Barrowe Capte
xxijdo Septembris
Anno 1580

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

Transcript copyright ©2022 P J Cox All Rights Reserved

Exceptions against the witnesses for the plaintiff (image 11)

Original Document

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Translation

[1580/8 image 11]

In the name of God, Amen; in a certain pretended cause of defamation or foul slander which was in dispute for a considerable time and is still in dispute and pending undecided before you, worshipful Robert Leche, Doctor of Laws, in the Chester consistory court, between Alice Hasselwall, pretended plaintiff and complaining party on the one part and Ellen Barrowe, pretended defendant and party complained of, on the other part; the party of the said Ellen Barrowe for every consequence of law and fact that can follow thereon against the said Alice Hasselwall and against any other whomsoever lawfully intervening before you in judgement for the same and also against James Calveley, Ralph Churton, John Harrison and Anne Harrison, pretended witnesses on behalf of the said Alice in whatever way, although invalidly, produced, admitted, sworn and examined before you upon a certain pretended libel given and offered before you on behalf of the said Alice in this behalf and the whole of their claim in the same, says, alleges and in these writings in law propounds jointly, severally and in articles as follows:

1          Firstly, this party, in excepting, propounds against the aforesaid James Calveley, Ralph Churton, John Harrison and Anne Harrison, that their testimony is null, void and not to be admitted in law but completely to be excluded and rejected inasmuch as they are conflicting, vacillating, singular, coached, suborned and in their depositions inconsistent between themselves as is more fully clear and appears in their testimony, and they are intimate friends of the party producing them and mortal enemies of this propounding party; and he propounds jointly, severally and concerning any part thereof.

2          Also, this party, in excepting, propounds against James Calveley and Ralph Churton that their testimony is null and void and not to be admitted in law and completely to be excluded and rejected inasmuch as they were and are friends […] of the party producing them ‘and were sent by Christopher Haselwall husband to the plentif of purpos to intrap this proponent in her speache and taulke […] was not the […] of good men’ as may appear […] by their testimony’ and haue reported otherwyse than this proponent […]’ voluntary witnesses […] in this cause; and he propounds jointly, severally and concerning any part thereof.

3          Also, this party, in excepting, propounds against John Harrison and Anne Harrison that their testimony is null and void and not to be admitted in law but completely to be excluded and rejected inasmuch as they were and are accusers of this proponent and original sower and […] of discord between […] and this proponent and furthermore they are […] John Harrison is, or recently was, a servant and domestic of the said Alice Haselwall;  and he propounds jointly, severally and concerning any part thereof.

4          Also, that this party, in excepting, propounds against Alice Haselwall that the said Alice, forgetful of the welfare of her soul, being induced (as it is believed) by an evil spirit, in the months of November, December, January, February and March in the year of our Lord 1579, according to the computation of the English church, or any of those months whatsoever, in one or another, seriously and grievously defamed within the parish of Aldford and other parishes neighbouring the same, saying of the said Ellen maliciously and by reason of hatred ‘that shee’  meaning the said Ellen Barrowe ‘might well goo tryme and fyne in hir apparell for that Cristofer Haselwall husband to hir the said Alice Haselwall did paie for the neu hatte and kyrtell that shee the said Ellen Barrowe did weare’

Transcript

[1580/8 image 11]

In dei nomine Amen In quadam pretensa Cause diffamacionis siue turpis conuitij
que coram vobis venerabili viro Roberto Leche legum doctore
in Curia Consistoriali Cestrensi inter Aliciam Haselwall partem pretensam
Actricem et querelantem ex vna et Ellenam Barrow  partem
ream pretensam et querelatam partibus ex altera aliquandiu vertebatur
vertiturque adhuc et pendet indecisa Pars dicte Ellene Barrowe
ad omnem Juris et facti effectum exinde sequi valentem contra et aduersus
dictam Aliciam Hasselwall ac contra quemcunque alium pro eadem coram
vobis in Judicio Legitime interuenientem nec non contra Jacobum
Calueley Radulphum Churton Johannem Harrison et Annam Harrison
Testes pretensos ex parte dicte Alicie coram vobis taliter qualiter
immo nulliter productos admissos Juratos et examinatos super quodam pretenso
Libello ex parte dicte Alicie coram vobis  in hac parte dato et oblato
totalemque Intencionem eorum in eodem dicit allegat et in hijs scriptis
in Jure proponit coniunctim diuisim atque Articulatim prout sequitur

1          In primis pars ista excipiendo proponit contra predictos Jacobum Calueley
Radulphum Churton Johannem harrison et Annam Harrison quod eorum testi-
monium est nullum Invalidum ac de Jure non admittendum sed
omnino reprobandum et reijciendum pro eo videlicet et ex eo quod sunt  varij
vacillantes singulares Instructi subornati et in eorum depositi-
onibus inter se discrepantes vt in suis attestaccionibus plenius
liquet et apparet partisque eosdem producentis Intimi amici ac partis
istius proponentis capitales Inimici et ponit coniunctim diuisim et de quolibet

2          Item pars ista excipiendo proponit contra Jacobum Calueley et Radulphum
Churton quod eorum testimonium est nullum et invalidum ac de Jure
non Admittendum sed omnino reprobandum et reijciendum pro eo et ex eo
quod fuerunt et sunt familiares […]
partis eosdem producentis and were sent by Christofer Haselwall
husband to the plentyf of purpos to intrap this proponent in
hir speache and taulke […] was not the […] of good
men vt per eorum attestaciones[…] apparet and haue repor-
ted otherwyse than this proponent […]
voluntarij testes […]
in hac causa et ponit coniunctim diuisim ac de quolibet

3          Item pars ista excipiendo proponit contra Johannem Harison et Annam
Harison quod eorum testimonium est nullum et inualidum ac de
Jure non admittendum sed omnino reprobandum et reijciendum pro eo et ex
eo quod fuerunt et sunt accusatores istius proponentis et origi-
nales seminator et […] ac discordie inter […]
et istam proponentem suntque preterea […]
Johannes Harison est seu nuper fuit seruus atque domesticus
dicte Alicie Haselwall ponit coniunctim diuisim ac de quolibet

4          Item quod pars ista excipiendo proponit contra Aliciam Haselwall
quod dictam Aliciam Anime sue salutis Immemorem spiritu vt cre-
ditur maligno ductam mensibus nouembris decembris Januarij
februarij et Martij in Anno domini secundum compucationem Ecclesie Anglicane
1579 eorumue mensium quolibet vno siue aliquo Infra parochiam de
Auldford Cestrensis diocesis alijsque parochijs eidem convicinis grau-
iter et enormiter diffamauit dicendo malitiose et ex
causa odij de dicta Ellena that shee innuendo dictam Ellenam
Barrowe might well goo tryme and fyne in hir apparell
for that Cristofer Haselwall husband to hir the said Alice
Haselwall did paie for the neu hatte and kyrtell
that shee the said Ellen Barrowe did weare nonnullaque alia

Exceptions against the witnesses for the plaintiff (image 12)

Original Document

Click to view fullscreen

Translation

[1580/8 image 12]

and some other scandalous, disparaging and defamatory words similar in effect to these and importing the same effect the said Alice Hasselwall maliciously expressed and uttered of the same Ellen Barrowe before trustworthy witnesses, as will be proved in the event of this suit; and he propounds jointly, severally and concerning any part thereof.

5          Also, this party, in excepting, propounds against the said Alice Haselwall that the said Alice  seriously and grievously defamed the aforesaid Ellen Barrowe in the months of April, May, June, July and August in the year of our Lord 1579/80, now current, within the parishes aforesaid saying of the said Ellen maliciously and by reason of hatred ‘that shee’ meaning the said Ellen Barrowe ‘was naught and did kepe a naughti house and that shee had rather see hir house on a light fire than that euer she would com into the same and that she was the worsse the daye that she did see the said Ellin’ and the said Alice expressed and uttered  several other defamatory words similar in effect to these of the aforesaid Ellen, as will be proved by trustworthy witnesses; and he propounds as before.

6          Also, this party propounds that by occasion and reason of this defamation and the aforesaid defamatory words the standing and good fame of the said Ellen Barrow are seriously injured, blackened and lessened and among good and substantial people she is of less reputation and favour by reason of the premises; and he propounds as before.

7          Also, this party propounds that before this defamation and the utterance of the defamatory words and until then, the said Ellen Barrowe was a woman of good fame honest conversation and unblemished reputation, and previously in no way defamed among good and substantial people; and he propounds jointly, severally and concerning any part thereof.

8          Also that all and singular the premises were and are true, public, notorious, manifest and equally well-known and regarding and concerning this public voice and fame were and are circulating within the said parish of Aldford and other parishes surrounding the same.

Whereupon, due proof being made as required by law in this regard, the party of the said Ellen Barrowe prays that right and justice etc. and that the said Alice Hasselwall will be canonically punished for the assertion and declaration of the defamatory words aforesaid, and also that she will be condemned in the lawful costs incurred on the part of the said Ellen in this behalf (and he protests those to be incurred) by you, lord judge aforesaid, and making your definitive sentence in that behalf etc. not binding himself to proving all and singular the premises nor to all superfluous proofs, concerning which he protests, but so much 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; and he asserts the right of adding to, correcting and emending etc..

 

Transcript

[1580/8 image 12]

verba scandalosa vituperiosa et diffamatoria hijs in effectu quam similia
et eundem effectu Importantia dicta Alicia Haselwall malitiose
de eadem Ellenam Barrowe coram testibus fidedignis protulit
et emisit prout in euentu huius litis probabitur et ponit
coniunctim diuisim ac de quolibet

5          Item pars ista excipiendo proponit contra dictam Aliciam Haselwall
quod dicta Alicia predictam Ellenam Barrowe mensibus Apri-
lis Maij Junij Julij et augusti in anno domini 1580 Jam currenti
infra parochias predictas grauiter et enormiter diffamauit
dicendo malitiose et ex causa odij de dicta Ellena that
shee innuendo dictam Ellenam Barrowe was naught and did
kepe a navghti house and that shee had rather see hir
house on a light fire than that euer she would com
into the same and that she was the worsse the daye that
she did see the said Ellin, nonnullaque alia verba diffam-
atoria hijs in effectu quam similia dicta Alicia de predicta
Ellena protulit et emisit prout per testes fidedignos probabitur
et ponit vt supra

6          Item pars ista proponit quod occacione et pretextu huiusmodi diffamacionis et ver-
borum diffamatoriorum predictorum status et bona fama dicte Ellene
Barrowe grauiter leduntur denigrantur
et attenuantur et est inter bonos et graues minoris Repu-
tacionis et fauoris premissorum ratione et ponit vt supra

7          Item pars ista proponit quod dicta Ellena Barrowe ante huiusmodi
diffamationem et verborum diffamatoriorum predicacionem et vsque ad ea
fuit mulier bone fame conuersationis honeste et opini-
onis illese ac inter bonos graues prius minime
diffamata et ponit coniunctim diuisim ac de quolibet

8          Item quod premissa omnia et singula fuerunt et sunt vera publica
notoria manifesta pariter ac famosa ac de et super huiusmodi infra
dictam parochiam de Auldford et alijs parochijs eidem conuicinis
Laborarunt et Laborant publica vox et fama

Vnde facta
fide de Jure in hac parte requisita petit pars dicte Ellene
Barrowe Jus et Justiciam et cetera dictamque Aliciam Hasellwall
pro verborum diffamatoriorum predictorum assertione et predicacione canonice
puniri necnon in expencis legitimis ex parte dicte Ellene
in hac parte factis et protestatur de fiendis condemnari
per vos et vestram Sententiam diffinitivam in hac parte ferendam domine Judex
antedicte et cetera non arctans se ad omnia et singula premissa pro-
banda nec ad omnes superflue probaciones de quo protestatur
sed quatenus probauerit in premissis eatenus obtineat in
petitis Juris beneficio in omnibus semper saluo vestrum offi-
cium in premissis Judex egregie antedicte humiliter Imp-
lorando
et protestatur de addendo corrigendo et amendendo et cetera

Exceptions against the witnesses for the plaintiff (image 13)

Original Document

Click to view fullscreen

Translation

[1580/8 image 13]

[Endorsement]


[…] against Alice Haselwall in a cause of defamation 1580

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

Translation copyright ©2022 P J Cox All Rights Reserved

Transcript

[1580/8 image 13]

[Endorsement]

 […]
contra Aliciam
Haselwall in
causa diffamationis
1580

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

Transcript copyright ©2022 P J Cox All Rights Reserved

People

Alice Haselwall– plaintiff

Christopher Haselwall– husband of the plaintiff

Ellen Barrowe – defendant

James Calveley – witness for the plaintiff

Ralph Churton – witness for the plaintiff

John Harrison – witness for the plaintiff

Anne Harrison – witness for the plaintiff

Ralph Huxley – mentioned in the depositions

John Catherall – mentioned in the depositions

Katherine Catherall – mentioned in the depositions

Officials

Robert Leche