9. Elizabeth Smith defames Eleanor Thomas
Examinations of witnesses concerning a cause of defamation brought by Eleanor wife of Philip ap Thomas against Elizabeth Smith who impugned Eleanor's chaste character using very abusive language, including anti-Welsh sentiment. Elizabeth Smith curses Eleanor publicly, calling down God's vengeance on her neighbour.
People
f. 372r
27th day of November 1600
Examinations of the witness on the part and behalf of Eleanor, wife of Philip ap Thomas, against Elizabeth Smith in a cause of defamation or insult follow.
Christina Cowsie, spinster, of the parish of Leominster in the county of Hereford, aged twenty years or thereabouts. The witness, produced, sworn, and examined says and deposes as follows.
To the first article she says the same is true.
To the second article she says that she refers to the articulate laws.
To the third article he says and deposes that within this twelvemonth last past the precise time she does not otherwise recall, the plaintiff Eleanor, the wife of Philip ap Thomas, being in her garden in Leominster articulate. And the articulate, Elizabeth Smith, being in a back side of her husband’s house next adjoining to the said garden, did maliciously (as she thinks) slander the said plaintiff with words of scandal and defame in effect as follows namely: “you" (speaking to the said plaintiff) "are a whore and an arrand whore, I will say it and stand to it.” And then kneeled on her knees and cursed the said Eleanor, the plaintiff, in this manner namely: “a plague of God light on thee, all the world wonder on thee, for I and my children will curse thee every evening and morning,” which words she spoke in the hearing of this examinate and one Anne Street and Catherine Street. And otherwise she knows nothing to depose.
To the fourth she says that he knows nothing to depose.
To the fifth she says that her depositions made above are true, etc.
X
Signed Christina Cowsie
Anna Street, spinster, of the parish of Leominster in the county of Hereford, aged twenty years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article she says the same is true.
Transcript
xxvij die
Novembris
1600
Examinaciones testium ex parte et per partem Elinore
vxor Philipi ap Thomas contra Elizabeth Smith
in Causa diffamacionis siue Convicij sequ[u]ntur etc.
Christiana Cowsie, parochie de leompster in comitatu
hereford spinster ætatis xx annorum aut eo circiter
testis producta iurata et examinata dicit et deponit vt
sequitur.
1 Ad primum articulum dicit eundem esse verum.
2. Ad 2 articulum dicit quod refert se ad leges articulatas
3 Ad 3 articulum dicit et deponit that within this
twelve moneth last past tempus certum aliter non recolit
the plaintiff Elinor the wief of Phillipp ap Thomas being
in her garden in leominster articulate, and the articulate Elizabeth Smith
being in a back side of her sh husbandes howse next
adioyning to the said garden, did malitiouslie (as she
thincketh) sclaunder the said plaintiff with words of scandale
and defame in effect as followeth videlicet thowe (speaking
to the said plaintiff) arte a hoore and an arrand hoore
I will saie it and stand to it. And then knealed one her
knewes and cursed the said Elinor the plaintiff in this manner
videlicet. a plague of god light one thee, all the world
wonder one the, for I and my children will curse thee
euerie evening and morning, which wordes she speake in the
hearing of this examinate and one Anne Streete and
Catherin Streete Et aliter nescit deponere.
4 Ad 4 dicit quod nescit deponere
5 Ad quintum dicit quod predeposita sua sunt vera etc.
X
signatum christiane Cowsie
Anna Streete parochie de leompster in comitatu hereford
spinster, ætatis xx annorum aut eo circiter testis producta
iurata et examinata dicit et deponit vt sequitur.
1 Ad primum articulum dicit eundem esse verum.
f. 372v
To the second article she says that she refers to the articulate laws.
To the third article she says and deposes that upon the Wednesday next before the Feast of Saint Peter the Apostle last past, the articulate Eleanor, the wife of Philip ap Thomas, being in her garden in Leominster articulate. And the defendant, Elizabeth Smith, being in a backside of her husband’s near adjoining to the said garden, she the said defendant Elizabeth Smith did utter and speak certain slanderous and opprobrious speeches of and concerning the plaintiff, Eleanor the said wife of Philip ap Thomas namely: speaking to the said Eleanor, said “thou art a whore and an arrand whore and I will prove thee a whore.” And then kneeling down on her knees said, “a plague of God light upon thee and all the world wonder on thee, and I and my children will curse thee morning and evening.” Which words were spoken in the hearing of this examinate, Christina Cowsie, and one Catherine Street and some others. And otherwise she knows nothing to depose.
To the fourth article she says the same is true.
To the last she says that what her depositions made above were and are true, etc.
[Signature mark]
Catherine Street, spinster, of the parish of Leominster in the county of Hereford, aged eighteen years of thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article she says and deposes the same is true.
To the second article she says that she refers to the articulate laws set forth in that behalf.
To the third article she says and deposes that on the Wednesday next before the Feast of Saint Peter the Apostle last past, this examinate going to bed, and shutting the windows,
Transcript
Ad 2 articulum dicit quod refert se ad leges in ea
parte editas.
Ad 3 articulum dicit et deponit that vpon the
wensdaie next before the feast of saint Peeter
the appostell last past the articulate Elinor the wief
of Phillipp ap Thomas being in her garden in
Leompster articulate, and \the/ defendant Elizabeth Smith
being in a backside of her husbandes neere
adioyning to the said garden she the said
defendant Elizabeth Smithe did vtter and speake
certaine sclaunderouse and opprobrious speeches
of and concerning the plaintiff Elianor the wief of Philippe
ap Thomas, videlicet speaking to the said Elianor
said thowe arte a hoore and an arrand hoore and
I will prove thee a hoore And then kneeling
downe one her knees said a plague of god
lighte vpon thee and all the worlde wonder
one thee, and I and my children will curse
thee morning and evening, which wordes were
spoken in the hearing of this examinate christiana
Cowsie, and one Catherine streete and
somme others Et aliter nescit deponere.
4 Ad quartum eundem esse verum
Ad vltimum dicit predeposita sua fuisse et esse vera etc.
[Mark in lieu of signature]
Catherina Streete parochie de leompster spinster,
ætatis xvij annorum aut eo circiter
testis producta iurata et examinata dicit et deponit
vt sequitur.
1 Ad primum articulum dicit et deponit eundem esse verum.
2. Ad 2. articulum dicit quod refert se ad leges in ea parte editas.
3. Ad 3 articulum dicit et deponit
That one the wensdaie[1] next before the feast of saint
Peeter thappostell last past this examinate
going to bed, and shutting the windowes
[1] Last letter unclear.
f. 373r
heard great talking near unto the same place. And as she thinks it was the plaintiff Mistress Eleanor Thomas and the defendant Elizabeth Smith but did not see them. Nevertheless, she heard one of them say to the other, “thou arte an arrand whore and I will prove it.” And said that it was the said Elizabeth Smith that said so, because she did speak like the said Elizabeth Smith. Spoken in the hearing of Lucy Drayton, John Suche, and others. And otherwise she knows nothing to depose.
To the fourth she says that she knows nothing to depose.
To the last she says that her depositions made above were and are true, etc.
Signed [by] Catherine Street
28 November 1600
John Suche, nailer, of the parish of Leominster in the county of Hereford, aged thirty 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 refers to the articulate laws in that behalf.
To the third he says and deposes that within this twelvemonth last past, this examinate being in a back field of the defendant’s husband, John Smith, in Leominster articulate, did hear the said defendant, Elizabeth Smith, speaking to the said plaintiff Eleanor, the wife of Philip ap Thomas, say “if thou dost say that I am not an honest woman, thou art a whore” or such like words tending to the same affect. And otherwise he knows nothing to depose.
To the fourth he says that he knows nothing to depose.
To the last he says that his depositions made above were and are true, etc.
John Suche
Transcript
heard greate talking in the neere vnto the same
place And as she thinnketh it was the plaintiff mistres
Elinor Thomas and the defendant Elizabeth Smithe, but did
not see them : Neverthelesse she heard one \of them/ saie to the
other thowe arte an arrand hoore and I will prove
it, and thincketh that \saieth that/ it was the said Elizabeth
Smithe that said soe, because she did speake
like the said Elizabeth Smith. spoken in the
hearing of lucy drayton Iohn suche and others Et
aliter nescit deponere.
Ad 4 dicit quod nescit deponere.
Ad vltimum dicit predeposita sua fuisse et esse
vera etc.
[Mark in lieu of signature]
signatum Catherine streete
xxviij Novembris
1600
Iohannes Suche parochie de leompster in Comitatu hereford nayler ætatis xxx annorum
aut eo circiter testis productus iuratus et examinatus
dicit et deponit vt sequitur.
1 Ad 1 articulum dicit eundem esse verum.
2. Ad 2. articulum refert se ad leges in ea parte
Ad 3 articulum dicit et deponit quod nescit deponere
that within this twelve moneth last past this examinate
being in a backe field of the defendantes husband
Iohn Smith in leompster articulate, did heare the said
defendant Elianor S Elizabeth Smith speaking to the plaintiff
Elinor the wief of Phillippe ap Thomas, saie if thowe
doest saie that I am not an honest wooman thowe
arte a hoore or such like wordes tending to the same
affect. Et aliter nescit deponere.
4 Ad quartum dicit quod nescit deponere
Ad vltimum dicit predeposita sua esse vera etc.
Iohn such
f. 373v
Luna Drayton of the parish of Leominster in the county of Hereford, aged forty years and more or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article she says the same is true.
To the second she says that she refers to the laws articulate.
To the third article she says and deposes that about midsummer last past, she this examinate dwelling then and now in Leominster and coming of an errand to a neighbour’s house did hear the defendant, Elizabeth Smith, say that she and her children would curse the plaintiff, Eleanor the wife of Philip ap Thomas, or such like words. Which speeches were so uttered in the hearing also of the wife of Thomas Green and Anne Symons. And further she says that she this examinate did then hear the said Elizabeth say, “whosoever doth say that I am not an honest woman is a whore,” but to whom she spoke the words she is ignorant. And otherwise she knows nothing to depose.
To the fourth she knows nothing to depose.
To the last she says that her depositions made above were and are true, etc.
L
Anna Trumper of the parish of Leominster in the county of Hereford, aged thirty years and more. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article she says the same to be true.
To the second article she refers to the laws.
Transcript
Luna drayton parochie de leominster in Comitatu
hereford ætatis xl annorum et vltra testis
producta iurata et examinata dicit et deponit
vt sequitur.
1 Ad primum articulum dicit eundem esse verum.
2. Ad 2 dicit quod refert se ad leges
articulatas.
3 Ad 3 articulum dicit et deponit That aboutes half midsomer last past she this examinate
dwelling then and nowe in leominster didarticulate, and comming vf an arrand to a
neighboures howse did heare the defendant
Elizabeth smithe saie that she and her children
wold curse the plaintiff Elinor thee wief of
Phillippe ap Thomas or such like wordes, which
speaches were soe vttered in the hering allsoe
of the wief of Thomas greene, and
Anne Symons and this Et aliter nescit deponere Et vlterius dicit that she this examinate did
then here the said Elizabeth saie that whosoeuer doeth
saie that I am not an honest wooman is a hoore, but
to whom she spake those wordes she is ignorat
Et aliter nescit deponere.
4. Ad 4 dicit quod nescit deponere
Ad vltimum dicit sua predeposita fuisse et esse
vera etc.
L
Anna Trumper parochie de leompster
in Comitatu hereford, ætatis xxx annorum
et vltra testis producta iurata et examinata
dicit et deponit vt sequitur.
1. Ad primum articulum dicit eundem esse verum.
2. Ad 2 articulum dicit quod refert se ad
leges
f. 374r
To the third article she says and deposes that upon a Wednesday about a quarter of a year last past, she this examinate being in her own house in Leominster articulate, did hear the parties litigants at words, but did not see them, yet does believe that they were the same parties for that she, this examinate, did know their tongues. Where and when she, this deponent, did hear the defendant Elizabeth Smith says amongst other speeches “whosoever doth say that I am not an honest woman, I say she is a whore,” but whether she did speak those words to the plaintiff Eleanor, the wife of Philip ap Thomas, or not she is ignorant, but does believe that she, the said Elizabeth Smith, did speak the words to the said Eleanor Thomas for that she did hear others report it so afterwards. And otherwise she knows nothing to depose.
To the fourth she says that she knows nothing to depose.
To the last she says that her deposition made above was and is true, etc.
[Mark in lieu of signature]
Joan Caldowe, spinster, of the parish of Leominster in the county of Hereford, aged seventeen years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article she says the same is true.
To the second article she refers to the laws.
To the third article she says and deposes that upon the Wednesday next before the Feast of Saint Peter the Apostle last past, this examinate being in her
Transcript
Ad 3 articulum dicit et deponit that vpon a wensdaie
aboutes a quarter of a yeare \last/ past she this extaminate
being in her owne howse in Leompster articulate
did heare the parties litigantes at wordes, but did
not see them, yet doeth beleave that they were
the same parties for that she this examinate did
knowe theire tongues. where and when she
this deponent did heare the defendant Elizabeth
Smith saie amongst other speeches thowe arte no if thowe whoesoeuer doeth saie that I am not
an honest wooman I saie she is a hoore, but
whether she did speake those wordes to the plaintiff
Elinor the wief of Phillippe ap Thomas or not she
is ignorant, but doeth beleave that she the
said Elizabeth Smith did speake those wordes
to the said Elinor Thomas for that she did heare
others reporte it soe afterwardes. Et aliter nescit
deponere.
4. Ad 4 dicit quod nescit deponere.
Ad vltimum dicit predeposita sua fuisse et esse vera
etc.
[Mark in lieu of signature ]
Iohanna Caldowe parochie de leompster in comitatu
hereford spinster ætatis xvij annorum aut eo
circiter testis producta iurata et examinata dicit et
deponit vt sequitur.
1 Ad primum articulum dicit eundem esse verum.
2. Ad 2 articulum refert se ad leges
3. Ad 3 articulum dicit et deponit That vpon the
wensdaie next before the feast of saint Peeter
the appostell last past this eximinate being in her
f. 374v
Master his garden in Leominster articulate, at what time Eleanor Thomas the plaintiff was walking in her garden which was not far off and the defendant, Elizabeth Smith, was in her back side very near unto the same place. But she, this deponent, did not then see the said Elizabeth Smith by reason of a high wall between them. Nevertheless, she did know her by her voice. And she, this deponent, did then hear the said Elizabeth Smith say unto the aforesaid Elinor Thomas, “thou art an arrand whore,” which words (as it did seem unto this examinate) proceeded upon occasion of some speeches formerly passed between the said parties. And further she says that there were none present with her, this examinate, at the speaking of the said words, but she did see one Humphrey Rea, Christina Cowsie, and some others then in the garden with the said Elinor Thomas. And otherwise she knows nothing to depose.
To the fourth she says that she knows nothing to depose.
To the last she says that her depositions made above were and are true, etc.
9th day of January 1600
Matthew Lowe of the parish of Leominster in the county of Hereford, aged eighteen years or more. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article he says the same is true.
To the second he refers to the laws set forth in that behalf.
Transcript
master his garden in leompster articulate did hearethe articulate the articulate Elizabeth Smith, at what time
Elinor Thomas the plaintiff was walking in her garden
which was not farre of and the \defendant/ Elizabeth
Smith was in her backe side verie neere
vnto the same place, but she this deponent
did not then see the said Elizabeth Smithe
by reason of a hie wall betwixt them Nevertheles
she did knowe her by her voice, And then shedid \this/ deponent did then heare the said
Elizabeth Smith saie vnto the foresaid
Elinor Thomas thowe arte an arrand hoore
which wordes ((as it did seeme vnto this examinate)w proceeded vpon occasion of sume so speeches
formerly passed betwixt the said parties.
Et vlterius dicit that there were none present
with her this examinate at the speaking of the
said wordes But she did see one humfrey
Rea, Christiana Cowsie and somme others in then
in the garden with the said Elinor Thomas
Et aliter nescit deponere.
4 Ad quartum dicit eundem esse verum
Ad vltimum dicit predeposita sua fuisse et esse
vera etc.
9 die
Ianuarij
1600
matheus lowe parochie de leominster in
Comitatu hereford ætatis xviij annorum
et vltra testis productus iuratus et
examinatus dicit et deponit vt sequitur.
1. Ad 1 articulum dicit eundem esse verum.
2 Ad secund[um] refert se ad leges in
ea parte editas.
f. 375r
To the third article he says and deposes that upon the Wednesday next before the Feast of Saint Peter the Apostle last past, this examinate in his master his back side in Leominster articulate, did hear the defendant, Elizabeth Smith, call the plaintiff, Elinor Thomas, arrand whore, saying that she, the said Elinor, did go to bed with her master. Spoken in the presence of diverse persons and namely one Christina Cowsie, Anne Street, Catherine Street. And otherwise he knows nothing to depose.
To the fourth he says that by reason of the premises, the plaintiff is put to charges and expenses. And otherwise he knows nothing to depose.
To the last he says his depositions made above were and are true, etc.
Matthew Lowe
Transcript
Ad 3 articulum dicit et deponit that vpon the
wensdaie next before the feast of saint
Peeter the appostell last past This examinate
in his master his back side in Leompster
articulate did heare the defendant Elizabeth
Smithe call the plaintiff Elinor Thomas arrand
hoore saieng that she the said Elianor did
goe to bed with her maister, spoken in the
presence of this of diuers persons and namelie
one Christiana Cowsie Anne streete Catherin
streete Et aliter nescit deponere.
Ad quartum dicit that by reason of the
premisses the plaintiff is putto chardges and
Expences Et aliter nescit deponere
Ad vltimum dicit sua predeposita fuisse et esse vera etc.
Mathew Lowe