2b. Mary Angel defames Elizabeth Whitton (Exceptions)
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 3 for a related cause.
The documents here are the "Exceptions" brought on the part of Mary Angel regarding the suit of defamation against her and follow-up examinations or interrogations on the part of Elizabeth Whitton. This is to say, Angel's party brought witnesses in her defence who were then examined by Whitton's party.
People
| Name | Date of Birth | Notes |
|---|---|---|
| David Jones | 1546 | Husband of Frances Jones (alias Inkes). Both of Hopton Wafers, Shropshire. Case 2a: mentioned. Husband of deponent, Frances Jones. |
| Edmund Sherman | 1578 | Gentleman. Resident of Ludlow, Shropshire. Cause 2b: deponent. |
| 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 |
|
| Frances Jones (alias Inkes) | 1555 | Wife of David Jones of Hopton Wafers, Shropshire. Cause 2b: deponent, 43 years of age. |
| Mary Angel | Cause 2a: Mary Angel sued for defamation by Elizabeth Whitton. Cause 2b: Mary Angel resents exceptions to the cause of defamation. |
|
| Mistress Fox of Stoke | Case 2b: mentioned. |
f. 230v
5th of
May 1598
Jacob Ballard
Examinations of the witnesses on the part and behalf of Mary Angel against Elizabeth Whitton in a cause of defamation upon the exceptions[1], as follow.
Edmund Sherman, gentleman, of the parish of Ludlow in the county of Shropshire, aged twenty years or more. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article he says and deposes that this examinate on a time came to visit the articulate, Elizabeth Whitton, who then lay extremely sick. And at his coming, to the said Elizabeth, found her lying sick in her bed, at what time this examinate did see the said Thomas Lane lie upon the one side of the said bed by the said Elizabeth Whitton, under the coverlet in his clothes and one Frances Inkes sat under her head. Which thing they commonly did (as this examinate was then given to understand) to keep the said Elizabeth down in her fits. And further he said the fame of the country is (and has been for three years last past) that the said Thomas Lane and Elizabeth Whitton have lived incontinently together. And otherwise he knows nothing to depose.
To the second article he said he knows nothing to depose.
To the third article he says and deposes that the articulate, Thomas Lane, as this examinate had heard, had had his meat, drink, and lodging in the house with the articulate, Elizabeth Whitton, and her husband for seven years last past or thereabouts. And finally he says that he, this examinate, has seen the said Thomas Lane at sundry times within the said space or somewhat before at dinner and supper in the said house with
[1] Term means formal objections or challenges to inadequate testimony. Oxford English Dictionary, s.v. “exception (n.)” nos. 4 and 5. June 2024, https://doi.org/10.1093/OED/2700665522.
Transcript
vo die
May 1598
Iacobus Ballard
Examinaciones testium ex parte et pro
partem Marie Angell contra Elizabeth
Whitton in causa diffamationis super
ex[c]eptionibus sequuntur.
Edmundus Shermane parochie de
Ludlowe in comitatu [Salopie] generosus ætatis xxta annorum
et vltra. Testis productus iuratus et examinatus
dicit et deponit vt sequitur.
Ad primum articulum dicit et deponit That
this examinate one a time cam to visit the articulate
Elizabeth Whitten whoe then lay extreeme sicke
And at his coming to the said Elizabeth found
her lieng sicke in her bed; at what time
this examinate did se the said Thomas Lane
lie vpon the one side of the said bed by
the said Elizabeth Whitton vnder the
Coverlette in his Clothes, and and one
ffraunces Inkes sate vnder her heade
wich thinge ther vsed accustomably (as this
examinate did then was then given to vnderstand)
to keape the said Elizabeth downe in her fittes
And further he saieth the fame of the
Countrey is \and hath beine for three yeres last past/ that the said Thomas Lane
and Elizabeth Whitton have lived incontinently
together Et aliter nescit deponere
2. Ad secundum articulum dicit quod nescit deponere.
3 Ad tertium articulum dicit et deponit that
the articulate Thomas Lane as this examinate
hath heard hath had his meate drinke
and lodging in the howse with the articulate
Elizabeth Whitton and her husband for seaven
yeres last past or thereaboutes Et vlterius
dicit that he this examinate at hath seene
the said Thomas Lane at Sundrie tymes
within the said space at or somwhat before
at dynner and supper in the said howse with
f. 231r
the said Elizabeth and her husband. And otherwise he knows nothing to depose.
To the fourth and fifth he says he knows nothing to depose.
To the sixth he says that the articulate, Frances Whitton, is the natural and lawful son of the foresaid Elizabeth Whitton. And otherwise he knows nothing to depose.
To the seventh he says that he knows nothing to depose.
To the last he says his depositions made above were and are true.
Concerning the interrogations administered on the part of Elizabeth Whitton the same examinate says as follows, namely.
To the first question he responds in the negative.
To the second article he says that this examinate did hear that the articulate, Frances Inkes alias Iones, had a child of her body unlawfully begotten. And otherwise he knows nothing to depose.
To the third question he says and deposes that about eight years last past this examinate did see the articulate, Thomas Lane, lie upon the bed of the said Elizabeth Whitton in manner and form as is in his depositions to the first article (of the matter exceptive) declared unto which he refer himself, being in the presence of Mistress Fox of Stoke, Frances Iones alias Inkes, and some others whose names he does not now remember. And otherwise he knows nothing to depose.
To the fourth question he knows nothing to depose.
Transcript
the said Elizabeth and her husband. Et aliter
nescit deponere.
Ad quartum et quintum dicit quod necsit deponere.
6. Ad sextum dicit that the articulate ffraunnces
Whitton is the naturall and lawfull
sonne of the foresaid Elizabeth Whitton
Et aliter nescit deponere.
Ad 7 dicit quod nescit deponere.
Ad vltimum dicit predeposita sua fuisse et esse
vera etc.
Idem examinatus super Interrogationibus ex parte
Elizabeth Whitton ministratis dicit vt
sequitur videlicet.
Ad primum Interrogationem dicit respondet negative.
2. Ad secundum articulum dicit that this examinate did
Heare that the sa articulate ffraunces Inkes alias
Iones had a Child of her bodie vnlawfully
begotten Et aliter nescit deponere.
3 Ad tertium interrogationem dicit that aboutes eight yeares
past this examinate did see the articulate Thomas
Lane lie vppon the bed of the said Elizabeth
whitton in manner and forme as th is in his des deposicions to the first article \of the matter exceptive/ declared
vnto which he referreth himself, being in the
presence of mistres ffox of stoke, ffraunces Iones
alias Inkes and somme others whose names he
doeth not nowe remember. Et aliter nescit deponere.
Ad quartum Interrogationem nescit deponere.
f. 231v
To the fifth question he says that he does know that the articulate, Thomas Lane, did teach and instruct four of the children of the articulate Elizabeth Whitton begotten by her husband Francis Whitton (as he believes) together with diverse other children in the country thereabouts the chapel at Whitton, and had his table free with Master Whitton as he had heard. And otherwise he knows nothing to depose.
To the sixth and seventh he says that he knows nothing to depose.
Edmund Sherman
Jacob Ballard
Francesca Jones, wife of David Jones, of the parish of Hopton Wafers in the county of Shropshire, aged fifty-two years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article she says and deposes that for two or three years last past, there has been a speech in the country that the articulate, Thomas Lane, has lived incontinently with the articulate, Elizabeth Whitton. And otherwise she says that about seven years last past, this examinate came to visit the said Elizabeth Whitton, then lying sick being upon a Monday as far she now remembers. And at her coming to the said Elizabeth, she found the said Elizabeth laying in her bed and the said Thomas Lane in the bed with her in his clothes between the sheets and she coming to the bed (did put in her hand and did feel) the said Thomas Lane, his right leg between the said Elizabeth Whitton her legs, her smock being up so upon her belly, and one of her arms was under his neck, and her other arm upon him and one of his arms lay over her body about her girdle. And this examinate demanding of the said Thomas Lane why he lay in such a manner, he
Transcript
Ad quintum Interrogationem dicit that he doeth
knowe that the articulate Thomas lane
did teache and instructe fower of the
chilldren of the articulate Elizabeth whitton
begotten by her husband ffraunces whitton
(as he beleaveth) together with diuers
other Chilldren in the Countrie thereaboutes
in the Chappell at whitton, and had
his table\ free /with master whitton as he hath
heard Et aliter nescit deponere.
Ad sextum et septimum dicit quod nescit
deponere.
Edmunde shermonde
Iacobus Ballard
ffrancisca Iones vxor david
Iones parochie de Hopton wafers
in Comitatu Salopie, ætatis v
lijo annorum aut eo circiter testis producta
iurata et examinata dicit et deponit
vt sequitur.
1 Ad primum articulum dicit et deponit That
for twoo or three yeares last past, there have
benne a speach in the Countrie, that the articulate
Thomas lane hath liued incontinently with the
articulate Elizabeth whitton. Et vlterius dicit that
aboutes seaven yeares\ last/ past, this examinate cam to visite
the ar said Elizabeth whitton then lieng sicke being
vpon a munday as ffarre as she nowe remembreth
And at her coming th to the said Elizabeth
she found the said Elizabeth lieng in her bedd
and the said Thomas lane in the bedd with
her in his clothes betwixt the sheetes and she
comming to the bed \did put in her hand and did feele/ s<aw>e the said Thomas lane his
right legge betwixt the said Elizabeth whitton
her legges, her smocke being trussed vpp so vppon
her belly, and one of her armes was vnder his
necke and her other arme vpon him and one
of his armes laie ouer her bodie about her girdle
And this examinate demaunding of the said Thomas
lane whie he laie in such manner he
f. 232r
answered that he lay so to make the said Elizabeth to sleep, and to keep her in the bed in her extreme fits, in which she would be very outrageous all with one Francis Wright being present in the chamber which this examinate did see and behold. And otherwise says that diverse times afterwards she did see the said Thomas Lane lie in the bed with the said Elizabeth Whitton (sometimes in the night and sometimes in the day) being in his clothes. And once she did see him lie in bed with her barelegged, at what time one of the maid servants of the said Elizabeth Whitton did rub his legs instead of her mistress’ legs which rubbing they used for ease of pain which the said Elizabeth had then in her legs. And otherwise she knows not to depose.
To the second article she says and deposes that she knows nothing to depose.
To the third article she says and deposes that for four years together (before the time articulate) she knew that the said Thomas Lane had had his meat and drink at the said Elizabeth Whitton and her husband’s table and that he had during the said space lodged in the said Elizabeth Whitton and her husband’s house, giving an explanation said that she was during that space dwelling in Whitton very near to the said Elizabeth Whitton and thereby knows it to be true. And otherwise she knows nothing to depose.
To the fourth she says that she knows nothing to depose.
Transcript
answered that he he laie soe, to make the said
Elizabeth to sleape, and to keepe her in the bedd
in her extreeme fittes, in which she wold be verievnruelie O outragious. and saieth th all with
one ffraunces wright being present in the said
Chamber which this examinate, did see did see
and behould Et vlterius dicit that diuers times
afterwardes she did see the said Thomas
Lane lie in the bedd together with the said
Elizabeth whitton \somtimes in the night and somtimes in the daie/ being in his Clothes, and once
she did see him lie in bedd with her and his noestockinges and his legges barelegged, at what
\time/ one of the maid servantes of the said Elizabeth
whitton did rubbe his legges in steed of her
mistres legges being which rubbing they vsed
for a p ease of a paine which the said Elizabeth
had then in her legges, but she saieth thatshe never sawe the said Thomas lane lie withthe said Elizabeth whitton in bedd, but there wassomme Companie or other in the Chamber wherethey laie. Et aliter nescit deponere.
2. Ad qu secundum articulum dicit et deponit quod nescit
deponere.
3. Ad tertium articulum dicit et deponit t hat for
foure yeares together \before the time articulate/ she knoweth that the
said Thomas Lane hath had his meate and
drincke at the said Elizabeth whitton and her
husbandes table and that he hath during the said
space lodged in the said Elizabeth whitton and
her husbandes howse, reddens racionem saieth
that she was during that space dwelling in
whitton very neere to the said Elizabeth whitton
and thereby knoweth it to be true. Et aliter
nescit deponere.
Ad quartum dicit quod nescit deponere.
f. 232v
To the fifth she says that she knows nothing to depose.
To the sixth article she says and depose that she had known the articulate, Francis Whitton, ever since his birth, and said that he is now seventeen years of age, as she takes it, and not above. And otherwise she says that he, the said Francis, is natural and lawful son of the said Elizabeth Whitton and so commonly reputed and taken. And otherwise she knows nothing to depose.
To the seventh she says that she knows nothing to depose.
To the last she says that her depositions made above were and are true.
Concerning the interrogation administered on the part of Elizabeth Whitton, the same examinate says as follows, namely:
To the first question she responded in the negative.
To the second article she says that this examinate’s husband is a day labourer, and he keeps three cows and lives of his own [i.e., on his own resources], and that her credit or estimation is not any way impeached. And as to the rest of the content of the article she says that she is not bound by the law to accuse herself (as she believes) and otherwise she does not know how to respond.
To the third she says that she did not see the articulate, Thomas Lane, lie in bed with the said Elizabeth Whitton he alone with her alone at any time other than when the said Elizabeth was sick, and
Transcript
f. 232v
Ad quintum dicit quod nescit deponere.
Ad sextum articulum dicit et deponit that she
hath knowen the articulate ffraunces
whitton euer sithence his Birth, and
saieth that she doeth he is wi nowe
seaventeene yeres of age, as she taketh
it and not above Et vlterius dicit
that he the [said] ffraunces is naturall and
Lawfull sonne of the said Elizabeth
whitton and soe commonlie reputed and
taken. Et aliter nescit deponere.
Ad septimum dicit quod nescit deponere.
Ad vltimum dicit predeposita sua[1] fuisse et
esse vera etc.
Eadem examinata super Interrogatione ex parte
Elizabeth whitton ministrata
dicit vt sequitur videlicet.
1 Ad primum interrogationem respondet negativa.
2 Ad secundum articulum dicit that this examinates
husband is a day laborer, and he keapeth
three kine and liveth of his owne, and
that her Credit or estimacion is not any
waie impeached. Et quoad cetera in
articulo contente dicit quod non tenetur de
Iure seipsam accusare (vti credit) Et aliter
nescit respondere
Ad tertium dicit that she did \not/ se the articulate
Thomas lane at any other time the lie in
bedd with the said Elizabeth whitton solus
cum solat sola at anie time other then
when the said Elizabeth was sicke, and
[1] macron is otiose.
f. 233r
that at those times there was somebody always in the chamber with them. And as far as the rest of the content in the article she refers to her depositions on the first article with exceptive material[1] and otherwise she knows nothing to depose.
To the fourth question she says that she knows nothing to depose.
To the fifth she says that in the time articulate the said Thomas Lane did teach and instruct four of the children of the said Mistress Whitton, and had his table free for the same (as this examinate was told by the said Mistress Whitton). And otherwise says that the said Lane did teach diverse other children in the country thereabouts in the chapel at Whitton. And otherwise she knows nothing to depose.
To the sixth and seventh questions she knows nothing to depose.
F
[1] matters objected to (i.e. the exceptions).
Transcript
that at those times there was somebody allwaies
in the Chamber with them. Et quoad cetera in
articulo contente refert se ad depositiones suas super
primo articulo materie exeptive Et aliter nescit deponere
Ad quartum Interrogationem dicit quod nescit deponere.
5. Ad quintum dicit that in the time libellat articulate
the said Thomas lane did teache and
instructe for fower of the Children of the
said mistres whitton, and had his table
free for the same (as this examinate was told
by the said mistres whitton). Et vlterius dicit
that the said lane did teache diuers other
Chilldren in the Countrie thereaboutes in the
Chappell at whitton. Et aliter nescit deponere.
Ad sextum et septimum Interrogationes dicit quod nescit
deponere.
F