Burford (Shropshire)
52.31626745943904, -2.596525200688948 https://goo.gl/maps/42bmhSeFtJLZFPJV7
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
2a. Mary Angel defames Elizabeth Whitton
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.
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. |
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 parochie
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 esse
verum.
2 3. Ad secundum et tertium articulos dicit et deponit quod
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 william
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 quintum dicit 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 quintum dicit quod nescit deponere
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 quintum dicit 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 libelo
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 examinata dicit
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 deponere
Ad vltimum dicit predeposita esse vera etc.