2a. Mary Angel defames Elizabeth Whitton

Cause
Summary

Examinations of witnesses concerning a cause of defamation arising from accusations made by Mary Angel with respect to Elizabeth Whitton's chaste character.  Elizabeth (wife of Francis Whitton) was defamed in the presence of her family and her children's teacher (Thomas Lane). The allegations suggest a previous relationship between William Whitton (Francis's brother) and Elizabeth; also more recent rumours of adultery with the teacher Thomas Lane. It is notable that Elizabeth Whitton is reported to suffer from seizures, possibly due to epilepsy. 

See Cause 2b for Elizabeth Whitton's exceptions to this cause. See Cause 3 for a related cause. 

Shelf Mark
Hereford, Hereford Archive and Record Centre, HD 4/2/11, ff. 124v-124v and 128r
Date

People

Name Date of Birth Notes
Eleanor Meredith

Spinster, living in Burford, Shropshire.

Cause 2a (1598): witness.

Elizabeth Whitton

Wife of Francis Whitton, the elder. Mother of Francis, Susan, and Whorwood Whitton. 

Cause 2a and 2b (1598): Whitton sues Mary Angel for defamation. 

Cause 3 (1598): mentioned.

Other documents:

Marriage settlement. Covenant that Whorwood, son of Francis and Elizabeth Whitton shall marry Elizabeth daughter of Richard Tompkyns  before the feast of the nativity of St John Baptist next. 28 April 1599. Mentions second son Edmund. X11/1/2/1/10 10/11. https://www.shropshirearchives.org.uk/collections/getrecord/CCA_X11_1_2_1_10

Francis Whitton, the elder

Husband of Elizabeth Whitton. Brother of William Whitton. Father of Whorwood, Susan, and Francis Whitton, the younger. Resident at Burford

Cause 2a (1598): mentioned.

Cause 3 (1598): mentioned.

Other documents:

Mortgage of Faintree Manor to Frauncis Whitton and Elizabeth 1602. https://www.shropshirearchives.org.uk/collections/getrecord/CCA_X11_1_2_2_15

Marriage settlement. Covenant that Whorwood, son of Francis and Elizabeth Whitton shall marry Elizabeth daughter of Richard Tompkyns  before the feast of the nativity of St John Baptist next. 28 April 1599. Mentions second son Edmund. X11/1/2/1/10 10/11. https://www.shropshirearchives.org.uk/collections/getrecord/CCA_X11_1_2_1_10

Francis Whitton, the younger. 1580

Son of Elizabeth Whitton and Francis Whitton, the elder. Brother to Susan and Whorwood Whitton.

Cause 2a (1598): deponent and listed as 18 years old. 

Susan Whitton

Sister of Francis Whitton, the younger and Whorwood Whitton. Daughter of Elizabeth Whitton and Francis Whitton, the elder

Cause 2a (1598): mentioned. 

Thomas James 1558

Yeoman, born and lived at Caynham, Shropshire. 

Cause 2a (1598): deponent.

Thomas Lane 1558

Yeoman, teacher at Whitton Chapel, born in Tenbury ca. 1558, resident of Burford.

Cause 2a (1598): deponent, described as yeoman, 40 years of age, and resident of Burford in Shropshire for seven years. Prior to that he lived, where he was born, in Tenbury, an adjoining town in Worcestershire. 

Cause 2b (1598): described as living in the Whitton household, teaching their four children as well as others in the chapel at Whitton (poss. St. Mary’s Church, Whitton). 

Cause 3 (1598): sues William Whitton for Defamation.

Disambiguation: 

Someone called Thomas Lane was rector at Burford 1567-69 and priest 1569-1587 but this could not be the same person. (If this record is correct the Thomas Lane mentioned in this case would only have been 9 at appointment.) The rector and priest were almost certainly this Thomas Lane's father which is suggested by the 1605 lease to "Thomas Lane, his wife Anne, and his son Thomas." 

Other documents:

Clergy records, 1567-87. Rector and priest at Burford. Person ID: 65140. https://theclergydatabase.org.uk/jsp/persons/index.jsp

Lease to Thomas, mentions job as yeoman, wife Anne, & son Thomas, 1605. 

https://discovery.nationalarchives.gov.uk/details/r/9c44e6f6-a51c-46c9-9ca3-0439852b4a29 

Indenture to Francis Whitton in 1595. https://discovery.nationalarchives.gov.uk/details/r/C4951304

William Whitton 1535

Brother of Francis Whitton, the elder. Moved to Coreley 1596. Prior to this lived at Chetton.

Cause 2a (1598): deponent, described as 63 years of age and having lived in the parish of Coreley/Coreldy for two years prior to which he lived at Chetton. 

Cause 3 (1598): sued for defamation by Thomas Lane.

Case Page

f. 123v

Upon the libel
16 June, 1598
Repeated before magistrate.
Jacob Ballard

Examinations of the witnesses on behalf of Elizabeth Whitton, gentlewoman, against Mary Angel in a cause of defamation or insult follow. 

Thomas Lane, yeoman, of the parish of Burford in the county of Shropshire where he has lived for seven years or thereabouts, born in the parish of Tenbury in the county of Worcester, aged forty years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.

To the first article he says the same is true.

To the second article he says that he refers to the articulate constitution etc.

To the third article he says and deposes that he refers to the articulate royal laws etc.

To the fourth article he says and deposes that about the feast of the Nativity of Christ last past – the precise time he does not otherwise recall – this examinate being at Whitton in the parish of Burford articulate in the house of Master Francis Whitton, husband of the articulate Elizabeth Whitton, the said Elizabeth Whitton called this examinate to her and told him that the articulate, Mary Angel, had reported unto her, the said Mistress Whitton, that William Whitton did make his boast unto the said Mary Angel, that he the said William Whitton might have had the use of the body of the said Elizabeth Whitton carnally at his pleasure when she the said Elizabeth Whitton dwelled at Faintree. Whereupon this examinate answered, “No, by the grace of God, that old man is not so lusty.” Then the said Mary Angel, being then and there present, replied in these words, “Yes, faith, he spoke the very same words to me at Tenbury in one Watie’s house that he might have had the use of her body at Faintree at his pleasure,” which words were so uttered by the same Mary Angel [at] the time and place afore specified in the presence of this examinate, Francis Whitton the younger, and Susan Whitton. And otherwise, he knows nothing to depose.

To the fifth he says it is true.

To the last he says that all and singular deposed above by him were and are true. Also, regarding and concerning these same things, public voice and fame are circulating, etc. 

[Signed] by me Thomas Lane

Transcript

Super libello 
xvj Junij 1598 
repetito coram magistro 
Iacobo Ballard 
 
Examinaciones testium ex parte Elizabeth Whitton generosa
contra Mariam Angell in Causa diffamationis 
siue Convicij sequntur videlicit

Thomas Lane parochie de Burford in Comitatu Salopie  
yeoman vbi moram fecit per vij annos aut 
eo circiter, et antea natus infra parochiam de  
Tenburie in Comitatu pre wigornie, ætatis xlta  
annorum aut eo circiter Testis productus iuratus 
et examinatus dicit et deponit vt sequitur. 
 
1 Ad primum articulum dicit eundem esse verum. 

2 Ad secundum articulum dicit quod refert se ad  
Constitucionem articulatum etc. 

3 Ad tertium articulum dicit et deponit quod refert se ad 
leges regias articulatas etc. 

4 Ad quartum articulum dicit et deponit. That aboutes 
the feaste of the Nativitie of Christe last past 
tempus certum aliter non recolit. This examinate being 
at whitton in the parishe of Burford articulate in the  
howse of master ffraunces whitton husband of the articulate  
Elizabeth whitton, the said Elizabeth whitton called 
this examinate to her and told him that ye articulate marie marie 
Angell had reported, and vnto tha s her the said  
mistres whitton that william whitton did make his boaste 
vnto the said marie Angell, that he the said william 
whitton, mighte haue had the vse of the bodie 
of the said Elizabeth whitton carnally at his pleasure  
when she the said Elizabeth dwelled at ffaintree 
wherevppon this examinate answered noe by the grace of  
god that old man is not soe lustie, Then the 
said Marie Angell being then and there present, replied 
in these wordes, yes faieth he spake the verie  
same wordes to me at Tenbury, in one waties  
howse that he mighte have had the bodi the 
vse of her bodie at ffaintree \at his pleasure/ which wordes were 
soe vttered by the said mary Angell the time and  
place afore specified in the presence of this examinate, In 
ffraunces whitton the yonger, and Susan whitton 
Et aliter nescit deponere. 
 
Ad quintum dicit eundem esse verum. 

Ad vltimum dicit omnia et singula per eum predeposita 
fuisse et esse vera etc. ac de et super eisdem laborant 
publica vox et fama etc. 
 
per me Thomam Lanem

f. 124r

Francis Whitton the younger of the Whitton [family], gentleman, from the parish of Burford in the county of Shropshire where he has lived for most of his life of eighteen years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows, namely:

To the first article he says and deposes the same is true.

To the second and third article he says and deposes that he refers it to the articulate laws and constitutions etc. 

To the fourth article he says and deposes that about the feast of the Nativity of our Lord – the precise time he cannot otherwise remember – the articulate Mary Angel at Whitton in the parish of Burford articulate in the house of Francis Whitton, gentleman, this examinate’s father, did utter and report openly in the hearing and presence of this examinate, Thomas Lane his previous fellow witness, and Susan Whitton this deponent’s sister, that William Whitton articulate told her, the said Mary Angel, that he the said William Whitton might have carnally to deal with the body of the articulate Elizabeth Whitton, this examinate’s mother, at his pleasure when she, the said Elizabeth Whitton, dwelled at Faintree. And otherwise, he knows nothing to depose as he says

To the fifth he says it is true etc.

To the last he says that all and singular deposed above by him were and are true. Also, regarding and concerning these same things public voice and fame are circulating, etc. 

Francis Whitton.

William Whitton, gentleman, of the parish of Coreley in the county of Shropshire where he has lived for two years or thereabouts and before at Chelton in the aforesaid county, aged 63 years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows, namely:

To the first article he says the same is true.

To the second and third articles he says and deposes that he refers to the articulate laws. 

To the fourth article he says and deposes that he never heard Mary Angel speak the words articulate and being further examined whether he spoke any of the words recorded in the libel to Mary Angel, he utterly refused to answer the same.

Transcript

ffranciscus whitton \iunior/ de Whitton parochi
de Burford in comitatu Salopie generosus 
vbi moram fecit per maximum tempus vite 
sue, ætatis xviij annorum aut eo circiter. Testis 
productus iuratus et examinatus dicit et deponit vt 
sequitur videlicet
 
1 Ad primum articulum dicit et deponit eundem articulum ess
verum. 

2 3. Ad secundum et tertium articulos dicit et deponit quo
refert se ad leges et constituciones articulatas etc. 

4. Ad quartum articulum dicit et deponit That aboutes 
The ffeaste of the Nativitie of our lord last past tempus 
certum aliter non recolit Thes examinate articulate Marie 
Angell, did at whitton in the parishe of Burford articulate 
in the howse of ffraunces whitton gentleman this examinates father 
did vtter and reporte openly, in the hearing and presence 
of thes examinate, Thomas Lane his preconteste, and Susan 
whitton this deponentes Sister, that william whitton articulate 
told her the said Marie Angell, that he the said willia
whitton mighte have Carnally to deal with the bodie 
of the articulate Elizabeth whitton this examinates mother at his  
pleasure when she the said Elizabeth whitton dwelled 
at ffainetree. Et aliter nescit deponere vt dicit. 
 
5. Ad quintudicit eundem esse verum etc. 
6. Ad vltimum dicit omnia et singula per eum predeposita fuisse 
et esse vera etc. ac de et super eisdem laborant 
publica vox et fama etc. 
 
ffrances Whitton 
 
willelmus whitton parochie de Coreley 
in comitatu Salopie generosus, vbi 
moram fecit per 2 Annos elapsos aut  
eo circiter, et antea apud Chetton in comitatu 
predicto, ætatis lxviij aut eo circiter. Testis 
productus iuratus et examinatus dicit et
deponit vt sequitur videlicet
 
1 Ad primum articulum dicit eundem esse verum

2 3 Ad secundum et tertium articulos dicit et deponit 
quod refert se ad leges articulatas etc. 

4 Ad quartum articulum dicit et deponit q That he neuer 
heard Mary Angell speake the wordes articulate, And 
being further examined whether he spake any 
of the wordes libelate to mary Angell, he vtterly 
refuseth to answere the same.

f. 124v

To the fifth he says that he knows nothing to depose.

To the last he says that all and singular deposed above by him were and are true etc.

Jacob Ballard

Thomas James, yeoman, of the parish of Caynham in the county of Shropshire where he has lived from the cradle aged forty years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.

To the first article he says the same is true.

To the second and third articles he says that he refers to the articulate laws etc.

To the fourth articles he says and deposes that since the entrance of this cause now in question, he, this examinate, by chance meeting with the articulate Mary Angel and conferring of diverse matters, amongst other words passed between them, the said Mary Angel questioned with this examinate for what cause Mistress Whitton articulate should sue her at Hereford. Whereupon this examinate answered that the suit was for slanderous words and that some of the words were [slanderous], for that the said Mary Angel should say that William Whitton, also named in this article, might have had carnally the use of the body of the aforesaid Elizabeth Whitton when he would [i.e., whenever he wanted] when she dwelled at Faintree. Then the said Mary Angel answered, “If that be all I care not, for when I spoke these words there was nobody by but Thomas Lane, Francis Whitton, and Susan Whitton, and they cannot be witnesses.” And otherwise he knows nothing depose.

To the fifth he says it is true.

To the last he says that all and singular deposed above by him were and are true etc.

Thomas James

Transcript

Ad quintudicit quod nescit deponer

Ad vltimum dicit omnia et singula per eum 
predeposita fuisse et esse vera etc.  
 
Iacobus Ballard 

Thomas Iames parochie de Cayneham 
in comitatu Salopie yeoman vbi 
moram fecit a cunabulis, ætatis xlta 
annorum aut eo circiter. Testis productus 
iuratus et examinatus dicit et deponit  
vt sequitur 
 
Ad primum articulum dicit eundem esse verum etc. 
Ad secundum et tertium articulos dicit quod refert se  
ad leges articulatas etc. 
Ad quartum articulum dicit et deponit That 
sithence the enteraunce of this Cause now in 
question, he this examinate by chaunce meeting with 
the articulate Marie Angell, and conferring of diuers  
matters, Amongst other wordes passed betweene  
them, the said Marie Angell questioned with this  
examinate, for what cause mistres whitton articulate sholde 
sue her at hereford, wherevppon this \examinate/ answered that 
the suite was for slaunderouse wordes. and that some 
of the wordes were, for that the said Marie 
Angell should saie that william whitton allsoe named 
in this article, mighte haue had \carnallie/ the vse of the bodie 
of william the foresaid Elizabeth \whitton/ when he would 
when she dwelled at ffaynetree, Then the said 
Marie Angell answered if that be all I care not 
for when I spake those wordes there was noebody 
by but Thomas Lane, ffraunces whitton, and Susan 
whitton, and they cannot be wittnesses. Et aliter nescit 
 deponere. 
 
Ad quintudicit eundem esse verum. 
Ad vltimum dicit omnia et singula per eum predeposita  
fuisse et esse vera etc. 
 
Thomas Iames 

f. 128r

Upon the libel.

On the part of Whitton against Angel.

Eleanor Meredith, spinster, of the parish of Burford in the county of Shropshire, aged fifty or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows, namely:

To the first article she says the same is true.

To the second and third articles she says that she refers to the articulate laws, etc.

To the fourth article she says that she knows nothing to depose.

To the fifth, that there is much speech in the country concerning this cause. And otherwise, she knows nothing to depose.

To the last she says the depositions made above are true, etc. 

Transcript

Super libel

Ex parte whitton contraLane Angell. 

Elenora Meredith parochie de Burford in Comitatu  
Salopie spinster vbi ætatis l annorum aut 
eo circiter testis producta iurata et examinatdicit  
et deponit vt sequitur videlicet
 
1 Ad primum articulum dicit eundem esse verum. 

2. 3. Ad secundum et tertium articulos dicit quod refert se  
ad Consticiones et leges regias articulatas etc. 

Ad 4 articulum dicit quod nescit deponere. 

Ad 5 dicit that there is much speach in the  
Cuntry concerning this Cause. Et aliter nescit deponer

Ad vltimum dicit predeposita esse vera etc.