3. William Whitton defames Thomas Lane

Cause
Summary

Examinations of witnesses concerning a cause of defamation arising from accusations made by William Whitton about Thomas Lane's adultery with Elizabeth Whitton. See Cause 2 for a related cause. 

Shelf Mark
Hereford, Hereford Archive and Record Centre, HD 4/2/11, f. 135v-137r
Date

People

Name Date of Birth Notes
Edmund Aldred 1556

Rector, Hope Baggard.

Cause 3 (1598): deponent, 42, rector of church at Hope Baggard.

Other docments:

Record of positions in church until death. 1579-1602. https://theclergydatabase.org.uk/jsp/persons/CreatePersonFrames.jsp?PersonID=67275 

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

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. 

John Nicols 1550

Yeoman, born and lived in Burford, Shropshire.

Cause 3 (1598): deponent, 48 years of age.

Richard Shrawley de Westmore 1569

Yeoman of Burford, Shropshire.

Cause 3: deponent, 29 years of age, yeoman from the parish of Burford, Shropshire. 

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. 135v

30 June, 1598

Jacob Ballard

Examinations of the witnesses on behalf of and for the party Thomas Lane against William Whitton in a cause of defamation. Upon the libel etc.

Richard Shrawley de Westmore, yeoman, of the parish of Burford in the county of Shropshire where he has lived for half the year, aged twenty-nine 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 and constitution. 

To the fourth article he says and deposes that diverse times within this twelvemonth last past, he, this examinate, had heard the articulate William Whitton say that Elizabeth Whitton articulate did not lie with her husband, Francis Whitton, named in this article, for seven years together before her last child was born, which this examinate did hear spoken in the parish of Corely or Nashe. And otherwise he knows nothing to depose.

To the fifth he says that the articulate, Thomas Lane, is vexed with expenses by reason and occasion of this suite. And otherwise he knows nothing to depose. 

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

Richard Shrawley

Jacob Ballard

Edmund Aldred, cleric rector of the church of the parish of Hope Baggard in the county of Shropshire, aged forty-two 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 he says that he refers to the articulate laws etc.

Transcript

xxo Iunij  
1598  
Iacobus Ballard 
 
Examinaciones testium ex parte et 
per partem Thome Lane contra  
Willelmum Whitton in Causa diffamationis. super  
libelo etc. 

Richardus Shrawley de westmore  
parochie de Burford in Comitatu Salopie 
yeoman vbi moram fecit per 2 Ann 
Bienniuætatis xxiiij annorum aut eo  
circiter testis productus iuratus 
et examinatus dicit et deponit vt sequitur. 
 
Ad primum articulum dicit eundem esse verum etc. 

Ad 2 et tertium articulos dicit quod refert se ad 
leges et Constitucionem articulatas. 

Ad quartum articulum dicit et deponit That 
diuers times within this twelvemoneth last 
past, he this Examinate hathe heard the articulate william  
whitton saie, that Elizabeth whitton articulate, did  
not lie with her husband ffraunces whitton  
named in this article, for seaven yeares together 
before her last Childe was borne Et aliter  
which this examinatdid heare spoken in the parishe 
of Coreley or Nashe. Et aliter nescit deponere.  
 
Ad 5 dicit that the articulatThomas Lane 
is vexed with expenses in this suite, by reason  
and occasion of this suite. Et aliter nescit deponere.  
 
Ad vltimum dicit omnia et singula per eum predeposita  
fuisse et esse vera etc. 
 
Richard Shrawley
 
Iacobus Ballard  
 
Edmundus Aldred Cleruicus Rector ecclesie  
parochialis de hopebaggard in Comitatu Salopie 
ætatis lij annorum aut eo circiter Testis 
productus iuratus dicit examinatus dicit et 
deponit vt sequitur. videlicet. 
 
Ad primum articulum dicit eundem esse verum. 

Ad 2 et 3. dicit quod refert se ad leges articulatas etc. 

f. 136r

To the fourth article he says and deposes that in the oat harvest 1596 this examinate, conferring with the articulate William Whitton, at a field of oats called Hope Field within the parish of Hope Baggard, he, this said William Whitton, said to this examinate that no man but a whoremaster would have denied him to come over an old piece of land, meaning thereby the articulate Thomas Lane as he thinks. Further he deposed that about September following this examinate and William Whitton aforesaid met together in a lane by the Corte of hill, and as they were talking, there passed by Frances Whitton, Elizabeth his wife, and the articulate Thomas Lane. And after they were gone by, the said William Whitton said to this examinate that the little child that the said Elizabeth had last was not his brothers (meaning Master Francis Whitton), but the foresaid Thomas Lane’s. And otherwise he knows nothing to depose.

To the fifth, he says it is true etc.

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

By me Edmund Aldred.

21st day of the month of October 1598

Jacob Ballard

Richard Nashe, husbandman, of the parish of Millson in the county of Shropshire where he has lived for fifteen years or thereabouts, born in the parish of Nashe in the aforesaid county. 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 article he says and deposes that about the feast of All Saints last past, this examinate being in the company with William Whitton articulate in the house of one Shrawley in Ludlow, having speech and communication concerning diverse matters, amongst other speech then and there

Transcript

Ad quartum articulum dicit et deponit That in oate 
harvest 1596 this examinate, conferring with the 
articulate william whitton, at a field of oates of this 
examinates called hope field within the parishe of  
hope baggard, he this ex said william whitton  
said to this examinate that the articulate Thomas 
lane noe man but a hooremaister wold haue  
denied him to come over an old piece of land  
meaning thereby the said \articulate Thomas/ Lane \as he thinketh/. ffurther he 
deposeth that aboutes September following this 
examinate and william whitton aforesaid met together in  
a lane by the Corte of hill, and as as they were  
talking, there passed by the ffraunces whitton  
Elizabeth his wief and the articulate Thomas lane 
and after they were gonne by the said william whitton 
said to this examinate that the litle Child that the 
litle Child that the said Elizabeth had last 
was not his brothers (meaning master ffrancis  
whitton,) but the foresaid Thomas lanes. 
Et aliter nescit deponere. 
 
Ad quintudicit eundem esse verum etc. 
Ad vltimum dicit omnia et singula per eum predeposita 
fuisse et vera etc.  
      
per me EdmunduAlred  
 
xxj die mensis  
Octobris 1598 
 
Iacobus Ballard 
 
Richardus Nashe parochie de millson in 
Comitatu Salopie husbandman vbi 
moram fecit per xv annos aut eo  
circiter natus in parochia de Nashe in 
Comitatu predicto testis productus iuratus et examinatus 
dicit et deponit vt sequitur. 

1 Ad primum articulum dicit eundem esse verum. 

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

4. Ad quartum articulum dicit et deponit That aboutes  
the feast of all saintes last past This examinate  
being in company with william whitton articulate  
in the howse of one Shrawley in ludlowe 
having speache and Comunicacion concerning diuers  
matters amongst other speche then and there 

f. 136v

passed, he this examinate did hear the said William Whitton say that his brother, Master Francis Whitton, had not lain with his wife, Mistress Elizabeth Whitton, for ten or eleven years and that the said Mistress Elizabeth Whitton was lately delivered of a child and that the articulate Thomas Lane, using the house of the said Master Francis Whitton, was famed to be the father of that child, and that he the said William Whitton did not think the said child to be his brother’s considering he did not lie with the said Elizabeth his wife for so long time. And [he] said that Richard Shrawley and his mother were present at the speaking of the said words. And otherwise he knows nothing to depose.

To the fourth he says that he knows nothing to depose other than what he has already deposed.

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

[Mark in lieu of signature]

3rd day November 1598

Repeated before Master Ballard 3rd day of November

John Nichols, yeoman, of the parish of Burford in the county of Shropshire where he has lived since his birth, aged forty-three years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.

To the first article he says that as he, this examinate, does think the articulate, William Whitton, is of the parish of Coreldy. And otherwise he knows nothing to depose.

To the second and third he says that he refers to the rights and laws in this part etc.

To the third [sic] article he says and deposes about a fortnight before the feast of the Nativity of our Lord last past, this examinate did hear the articulate, William Whitton, say that the articulate, Thomas Lane, was a whoremaster and that he did lie incontinently with the articulate, Elizabeth Whitton, and that he kept her as commonly

Transcript

passed he this Examinate did heare the said willia
whitton said that his Brother, master ffraunces 
whitton had not laid layen with his wief 
mistries Elizabeth whitton for ten or eleauen yeres
and that that the said mistries Elizabeth whitton 
was latelie deliuered of a Childe and that 
the articulate Thomas Lane vsing the howse of 
the said master ffrances whitton was famed
to be father of that childe, and that he
the said william whitton did not thinke the 
said child to be his Brothers considering he
did not lie with the said Elizabeth his wief
for soe longe time, And saieth that 
Richard Shrawley and the Sister
of the his mother were present at the
speaking of the said wordes Et aliter
nescit deponere

Ad quintum dicit quod nescit deponere alias quam 
predeposuit.

Ad vltimum dicit omnia et singula per eu
predeposita fuisse et esse vera etc. 

[Mark in lieu of signature]     

3o die 
Novembris 
1598

repetitur coram 
magistro Ballard
3o Nouembris

Johanes Nicholls parochie de Burford in 
Comitatu Salopie yeoman, vbi moram 
fecit a nativitate sua aetatis [unlear] xlviij 
annorum aut eo circiter. Testis productus iuratus 
et examinatus dicit et deponit vt sequitur.

1. Ad primum articulum dicit that as he this examinate
doeth thincke the articulate william whitton is
of the parishe of Coreldy Et aliter nescit deponer

2 3 Ad secundum et tertium dicit quod refert 
se ad Iura et leges in ea parte etc. 

Ad tertium articulum dicit et deponit aboutes 
a fortnight before the feast of the Nativity
of our lord last past This examinate did heare
the articulatWilliam Whitton saie that the articulate
Thomas Lane was a hooremaster, and that he 
did liue incontinently with the articulate Elizabeth
whitton, And that he kept her is commonly

f. 137r

as he, the said William Whitton, did keep his own wife. Which words were spoken privately unto this examinate, by the said William Whitton, in Tenbury. And otherwise he knows nothing to depose. 

To the fifth he says that the articulate, Thomas Lane, is much troubled in this matter and that he does sustain charges and expenses by reason of this suit. And otherwise he knows nothing to depose. 

To the last he says the depositions made above were and are true.

By me John Nichols

Transcript

as he the said william whitton did keepe his owne 
weif, which wordes were spoken privatly vnto
this examinate by the said william whitton in Tenbury
Et aliter nescit deponer

Ad 5 dicit that the articulate Thomas
Lane is much troubled in this matter
and that he is doeth susteigne 
chardges and expenses by reason of 
this suite. Et aliter nescit deponere. 

Ad vltimum dicit predeposita fuisse et esse vera etc. 

per me Iohannem nycolles