“I Will Still Call Thee a Witch” Two Pennies, a Bad Debt, and a Woman's Reputation

Margery Tomlinson and Frances Brown

1589–1590  |  Latin and English

Manuscript reading with unresolved passages.

Contents

Libel and six articles

Libel concluding prayer

Frances Brown personal answers

Docket on personal answers

Heading for the witness examinations

Deposition of Walter Barwick

Deposition of William Plumber

Deposition of John Curtes

Deposition of Robert Ellison

Case docket

Libel and six articles

University of York, Borthwick Institute, CP.G.2564, repository image 2

Manuscript transcription with unresolved readings

English translation and modern reading

In the name of God, amen. Before you, the venerable men John Gibson and John Bennet, doctors of laws, lawfully appointed officials of the consistory court of York, or another judge competent in this matter, the proctor [contracted words unresolved] for the discreet woman Margery Tomlinson, of [parish wording unresolved] in the diocese of York, against Frances Brown of the parish of Harewood in the diocese of York, and against anyone else lawfully intervening for her in court before you, says, alleges, and in these writings [contracted words unresolved] puts forward, articulates and pursues in law the following.

1. First, he puts forward and articles that the said Margery Tomlinson was and is an honest woman, of good fame, honest life and conversation, stained or defamed by no crime, at least no notorious one, nor implicated in any way (saving what is said below); and that she was and is held, regarded, named and reputed as such, openly, publicly and notoriously, in the aforesaid parish of Harewood and other neighbouring places in the diocese of York. He nevertheless puts forward and articles [contracted reservation unresolved] and concerning each matter.

2. Also he puts forward and articles that, notwithstanding the foregoing, the said Frances Brown knowingly and maliciously, during March, April, May, June, July, August, September and October in the year of our Lord 1589, in any one or some of those months, within the parish of Harewood and other neighbouring places in the diocese of York, maliciously and with the intention of defaming her, defamed the said Margery Tomlinson. She uttered, said, spoke and proclaimed various reproachful, injurious, quarrelsome, insulting and defamatory words to or about Margery Tomlinson, especially the following English words, or others similar in effect: she, the said Frances Brown, called the said Margery Tomlinson a witch and an arrant witch, and said that she would prove her a witch because she had bewitched her pigs. He nevertheless puts forward and articles concerning the form of the defamatory words spoken by Frances, and concerning such and so great a time, as and to the extent that will be proved in the course of this litigation [concluding contractions unresolved], and concerning each matter.

3. Also he puts forward and articles that, after the foregoing, Frances Brown confessed and acknowledged all and each of these matters before trustworthy witnesses, both in Margery Tomlinson's presence and in her absence, once and repeatedly, or at least once. He puts this forward as above.

4. Also he puts forward and articles that, after and through the foregoing, Margery Tomlinson's standing, good fame and reputation among good and substantial men, where she previously stood in good reputation, are unlawfully, seriously and greatly injured and diminished, and will probably be further injured in future. He puts this forward as above.

5. Also he puts forward and articles that Frances Brown was and is of the parish of Harewood in the diocese of York, and therefore notoriously subject to your jurisdiction. He puts this forward as above.

6. Also he puts forward and articles that there was and is public voice and fame concerning all and each of the foregoing in the parish of Harewood and other neighbouring places. He nevertheless puts this forward as above.

[The cancelled subscription cannot yet be translated: its name and abbreviated office are unresolved.]

Original transcription in Latin and English

[Upper left subscription] Matt: [Holdsworth?].

In dei nomine amen coram vobis venerabilibus viris Johanne gibson et Johanne bennet
legum doctoribus alme curie cons[istorialis] Ebor[acensis] officialibus l[egiti]me deputatis aut alio Judice
in hac p[ar]te competenti procurator [unread contraction] et discrete mulieris margerie tomlinson p[arochie] et paro-
[unread] Ebor[acensis] diocesis con[tra] franciscam browne p[arochie] de harewode Ebor[acensis] dioc[esis] [unread contractions]
quemcumque alium coram vobis pro eadem in judicio l[egiti]me intervenientem dicit allegat
et in hijs scriptis [unread contractions] in jure ponit ar[ticula]t et sequitur.

1. Inprimis ponit et ar[ticula]t quod dicta margeria tomlinson fuit et est mulier honesta bone
fame vite et conversationis honeste nulloque crimine saltem notorio aspersa,
diffamata vel aliquo modo involuta (salvis infra dicendis) ac pro tali et ut tali fuit
et est habita tenta habita nominata ac reputata, palam publice et notorie
in p[arochia] de harewode pr[edicta] alijsque locis vicinis Ebor[acensis] diocesis. ponit tamen et ar[ticula]t [unread contractions]
et de quolibet.

2. Item ponit et ar[ticula]t quod premissis non obstantibus dicta francisca browne [inserted: scienter]
maligne mensibus martij, aprilis, maij, junij, julij, Augusti, septembris et octobris Anno
D[omi]ni mill[esim]o quingentesimo octogesimo nono eorundem mensium quolibet uno sive aliquo intra
p[arochiam] de harewode [cancelled word] aliaque loca vicina Ebor[acensis] diocesis malitiose et animo ipsam diffaman-
di eandem margeriam tomlinson diffamavit, nonnullaque verba opprobriosa,
injuriosa, rixosa, contumeliosa, diffamatoria eidem margerie tomlinson sive de
eadem emisit dixit et protulit et predi[c]avit, et precipue hec verba anglice sequentia
[inserted: aut] a[l]ia in effectu consimilia viz: she the saide francis browne called the
sayde margerye tomlinson witche, and errand witch and sayde she wolde prove
hir a witch for she had bewy[t]ched hir pigs. ponit tamen [inserted: et ar[ticula]t] de et super
forma verborum diffamatorum per eandem franciscam prolatorum, ac de tali
et tanto tempore quod et quantum in eventu hujus litis probabitur cui [unread contractions]
[unread contractions] et de quolibet.

3. Item ponit et ar[ticula]t quod post premissa omnia et singula prefata francisca browne coram testi-
bus fide dignis tam in presentia ipsius margerie tomlinson quam eadem
in ejus absentia semel et iteratis vicibus seu saltem semel confessa fuit et
est ac recognovit. Et ponit ut supra.

4. Item ponit et ar[ticula]t quod post et per premissa status bona fama et opinio ipsius marge-
rie tomlinson apud bonos et graves viros qui prius existitit bone fame et
opinionis illicite graviter et enormiter leduntur et diminuuntur ac de veri-
simili plus ledentur in futurum. Et ponit ut supra.

5. Item ponit et ar[ticula]t quod dicta francisca browne fuit et est p[arochie] de harewode
Ebor[acensis] diocesis et sic vestre jurisdictioni notorie submissa. Et ponit ut supra.

6. Item ponit et ar[ticula]t quod de et super premissis omnibus et singulis fuit et est publica
vox et fama in dicta p[arochia] de harewode alijsque locis vicinis. ponit tamen et
supra.

[Cancelled subscription] [three or four words unread; looks like a name followed by proct...].

Libel concluding prayer

University of York, Borthwick Institute, CP.G.2564, repository image 3 left

Manuscript transcription with unresolved readings

English translation

Therefore, when sufficient proof of the foregoing has been made, Margery Tomlinson asks that right and justice in all and each of these matters be done, given and administered to her [one abbreviated expression unresolved]; that Frances Brown, for so great an excess of her rashness in the foregoing and matters concerning it, be corrected and punished ecclesiastically at the court's discretion, according to law; and also that she be lawfully condemned in the expenses incurred and to be incurred on Margery Tomlinson's behalf in this matter. Once condemned, she is likewise to be compelled to make true payment of those expenses to Margery Tomlinson. Otherwise, she asks that right and justice in all and each of the foregoing be done and administered to her by you and your definitive sentence, the aforesaid lord judges.

Margery Tomlinson puts these matters forward and requests that they be done jointly and severally. She does not bind herself to prove all and each of the foregoing, nor take on a superfluous burden of proof, against which she protests; rather, so far as she proves the foregoing, so far may she obtain what she requests, saving throughout the benefit of the law. She invokes your office, the aforesaid lord judges, in all the foregoing.

Saving the right, etc.
And we protest, etc.

Latin transcription

Unde facta fide quantum sufficit de premissis petit [cancelled: vobis?] margeria tomlinson jus
et justitiam in premissis omnibus et singulis sibi et [unread contraction] fieri dari et ministrari dictam
franciscam Browne pro tanto temeritatis sue excessu in premissis et ea concernentibus
(jure mediante arbitrarie) ecclesiastice corrigi et puniri nec non in expensis pro parte
dicte margerie tomlinson in hac p[ar]te factis et fiendis l[egiti]me condemnari condemnata[m]-
que ad veram solutionem earundem expensarum prefate margerie tomlinson simili-
ter cogi et compelli alijs jus et justitiam in premissis omnibus et singulis sibi
fieri et ministrari per vos et sententiam vestram definitivam domine Judices antedicti.
Que ponit et fieri petit predicta margeria tomlinson con[junctim] et di[visim] non
astringens se ad omnia et singula premissa probanda nec ad onus superflue probationis
de quo protestatur posita sed quatenus probaverit in premissis eatenus obtineat
in petitis hujus (beneficio in omnibus juris salvo) vestrum officium domine Judices
antedicti in omnibus premissis implorando.

Salvo jure [etc.]
et protestamur [etc.]

Frances Brown personal answers

University of York, Borthwick Institute, CP.G.2564, repository image 4

Manuscript transcription with unresolved readings

English translation

29 May 1590.
Personal answers [made through] Christopher Foster, notary public [contracted wording unresolved], for Frances Brown to the positions of the libel brought against her by Margery Tomlinson, etc.

To the first, she believes it to be true.
To the second, she believes that in law she is not bound to answer, because it is a criminal position.
To the third and fourth, she believes that in law she is not bound to answer them, because they depend on the said second position.
To the fifth, she believes it to be true.
To the sixth, she believes what is believed and denies what is denied.

Christopher Foster [signature].

Latin transcription

[Date, left] xxixo maij
1590

[Heading, upper right]
Responsiones p[er]sonales per Christopherum Foster notarium
p[ublicum] [unread contraction] Francisce browne po[sitioni]bus
libelli per partem margarie tomlinson contra
eandem [etc.]

Ad primam credit eandem esse veram.
Ad secundam credit quod de jure non tenetur ad respondere
quia est positio criminalis.
Ad tertiam et quartam credit quod de jure non
tenetur eisdem respondere quia dependent ex dicta secunda po[sitione].
Ad quintam credit eandem esse veram.
Ad sextam credit de creditis et negat de negatis.

[Signature] Chr: foster.

Docket on personal answers

University of York, Borthwick Institute, CP.G.2564, repository image 5

Manuscript transcription with unresolved readings

English translation

Personal answers of Frances Brown.

Latin transcription

Respons[iones] p[er]sonales
francisce browne

Heading for the witness examinations

University of York, Borthwick Institute, CP.G.2564, repository image 6 upper right

Manuscript transcription with unresolved readings

English translation

Examination of the witnesses named below, received [unresolved expression] before [John?] Bent, doctor of laws [unresolved expression], in the presence of me, Henry Swinber, notary public [unresolved abbreviation], on the penultimate day of July 1590 [30 July].

Latin transcription

Examinatio testium infrascriptorum nominatorum receptorum [unread contraction] coram
[Jo.?] Bent legum doctore [unread contraction] in presentia
mei Henrici Swinber notarii publici [unread abbreviation] penultimo
Julij 1590.

Deposition of Walter Barwick

University of York, Borthwick Institute, CP.G.2564, repository image 6

Manuscript transcription with unresolved readings

English translation and modern reading

Walter Barwick of Harewood, diocese of York, butcher, aged about twenty-six, a witness produced, admitted, sworn and examined on the positions and articles of the libel exhibited for Margery Tomlinson against Frances Brown. First, concerning knowledge of the parties, he says that he has known Margery Tomlinson well for fifteen years and Frances Brown for twelve years.

On the first article he is not examined because the defendant admits it.

Examined on the second article, he says that he was in the shop of Lancelot Barwick, butcher, his father, in Harewood, on a Wednesday in August last, at [one word unresolved] or thereabouts. Frances Brown was standing with others outside the shop. He cannot remember what words she then spoke, but remembers the following words. William Plumber then said, “Peace now, Dame Brown, you have said enough.” Frances Brown asked him, “What have I said?” William Plumber said, “You have called Margery Tomlinson”—meaning Margery Tomlinson, a party to the case—“a witch, and you must prove it.” Frances Brown answered, “I have called her a witch; I will hold her a witch”—meaning Margery Tomlinson—“and I will stand to it.” Present at this act in the shop were Lancelot Barwick, this witness's father, Thomas [surname uncertain], William Plumber, Robert Ellison and various others inside and outside the shop, to the number of half a dozen, whose names he cannot now remember. He knows nothing further to depose.

On the third article he says what he has already deposed and knows nothing further.

Examined on the fourth article, he says [syntax uncertain in the original] that after this act [the connecting construction is uncertain], Margery Tomlinson was “worse thought off” by means of the words in question. He has heard it, and since the speaking of the words in question, various people of Harewood have called her a witch, etc. [Cancellations and connecting syntax unresolved.]

On the [corrected: first] article he is not examined because the defendant admits it.
On the sixth article he says that what he has already deposed is true and adds a formula concerning fama [reputation or report; exact construction unresolved]. He says that he has not been instructed [abbreviation unresolved] and is not related by blood or marriage to either party [ending uncertain].

Original transcription in Latin and English

[Margin] Jo: Bent.
Walterus Barwick de harewood Ebor[acensis] diocesis butcher
etatis sue circiter xxvj annos testis super po[sitioni]bus et ar[ticu]lis
libelli per partem Margerie Tomlinson contra Franciscam
Browne exhibiti productus admissus juratus et examinatus Et primo
de notitia p[ar]tium testis dicit quod Margeriam Tomlinson per xv
annos et Franciscam Browne per duodecim annos bene
novit.

Super primo articulo non ex[aminatur] quia pars [cancelled: [unread]] [inserted: rea] fatetur.

Super secundo articulo ex[aminatus] dicit that this examinate being
in the shop of Lancelot Barwick butcher his father
in harewood upon a Wednesday in August last past
at the [unread word] or thereabouts the said Frances Browne
art[iculate] [unread word] standing with others on the outside of the
said shop what wordes she then spake he this
examinate [cancelled word] remembreth not [cancelled: but these wordes] [inserted: but the wordes]
these wordes following he remembreth [inserted: William Plumber]
then said [inserted: William?] yet peace Dame Browne you
have said ynough And she the [cancelled: margerye] Frances
Browne then asked him what have I said And
will[ia]m Plumber said you have called Margery
Tomlinson meaning Margery Tomlinson art[iculate] witche
and you must prove it And Frances Browne art[iculate]
answered and said I have called hir witch I will
hold hir witch meaning of the said margery Tomlinson art[iculate]
And I will stand to it, Then and there being present
at this act in the said shop Lancelot Barwick
this ex[aminat]es [inserted: father] with Tho[mas] [Nourghuse?] will[ia]m Plumber
and Robert Ellyson and divers others within and without
the said shop to the number of half a dozen whose
names he now remembreth not Et aliter nescit deponere.

Super tertio articulo dicit quod prius deposuit Et aliter nescit deponere.
Super quarto articulo ex[aminatus] dicit although [even?] after this act and
that of his knowledge the said margery Tomlinson art[iculate]
worse thought off by meanes of the wordes art[iculate] [cancelled: [unread two words]]
he hath heard [cancelled: divers reporte] it and yet since the
speaking of the wordes art[iculate] divers of the towne
of harewood art[iculate] have called hir witche [etc.]
Super [cancelled: quinto] [inserted: primo] non ex[aminatur] quia pars rea fatetur.
Super [cancelled: quinto articulo] sexto art[icu]lo dicit quod predeposita per eum sunt
vera et de hujus fama laborare in locis art[iculatis]
dicit quod non est doctus [unread abbreviation] nec consanguineus aut affinis
alteri [cancelled: [unread words]] p[ar]tium art[iculatarum] magis.

Deposition of William Plumber

University of York, Borthwick Institute, CP.G.2564, repository image 7 left

Manuscript transcription with unresolved readings

English translation and modern reading

William Plumber of Harewood, diocese of York, carpenter, aged about thirty, a witness produced, admitted, sworn and examined as above. First, concerning knowledge of the parties, he says that he has known Margery Tomlinson well for five years and Frances Brown for the same period.

On the first article he is not examined because the defendant admits it.
Examined on the second article, he says that about Midsummer last was a year, on a Friday afternoon, he, John Curtes and one Thomas Mocan [surname uncertain] were sitting on a block of wood at the door of Frances Brown, widow, in Harewood. Margery Tomlinson of the same town passed them and went into that house. While she was inside, he heard her ask Frances Brown to let her have the twopence she owed her. Frances Brown answered that she had more to give her. Tomlinson said [two small words uncertain], “Have a penny loaf for me.” Frances Brown said, “I have more for thee, old witch; get thee out of my house, witch.” Tomlinson replied [first words uncertain], “a witch.” Frances Brown said, “Hither, thou didst once set a stone against me for calling thee a witch, and I then called thee a witch, and I will still call thee a witch and stand to it.” At the same time she thrust her out of her door, giving her a [blow?] of the mouth. Present, sitting at the door, were this witness, Curtes and Mocane [surname uncertain].

Afterwards, around Lammas last, this witness was in Lancelot Barwick's shop in Harewood on a Wednesday; he does not remember which precise day. Frances Brown was in the shop, maintaining her position against Margery Tomlinson. He told her to be quiet, saying she had said enough against Margery. Frances Brown said, “I have called Tomlinson a witch”—meaning Margery Tomlinson—“a witch I will call her, and I will stand to it.” Present were Walter Barwick, this witness, Robert Ellison and various others, five or six people, whose names he cannot now remember. He knows nothing further to depose.

He knows nothing to depose on the third article.
He knows nothing to depose on the fourth article.
He is not examined on the fifth article because the defendant admits it.
On the sixth article he says that his foregoing deposition is true and adds a formula concerning fama in the places in question [exact construction and sense unresolved]. He further says that he has not been instructed, is not related by blood or marriage to either party, and would not more [unresolved closing expression] wish [one party rather than the other].

Original transcription in Latin and English

[Margin] Jo: Bent.
Willelmus Plumber de harewood Ebor[acensis] diocesis Carpentar
etatis sue circiter xxx annos testis ut supra productus
admissus juratus et examinatus Et primo de notitia p[ar]tium testis dicit
quod margeriam Tomlinson per quinque annos et Franciscam
Browne per idem tempus bene novit.

Super primo articulo non ex[aminatur] quia pars rea fatetur.
Super secundo articulo ex[aminatus] dicit that about Midsomer last past was a
twelvemonth upon a friday in the after noone the same day
this examinate and John Curtes and one Thomas Mocan [surname uncertain]
being sittinge upon a clog at the doore of Frances
Browne wedow art[iculate] in harewood, Margery Tomlinson
art[iculate] of the same towne passed by them and went into the
said house and at her being within the [inserted: same] house he did heare
the said Margery Tomlinson art[iculate] desire the said Frances
Browne art[iculate] to let hir have ijd [cancelled: she] [inserted: ought] hir
And Frances Browne art[iculate] answered that she had more
to give hir then quoth the said Tomlinson [Yea?] then [you?]
for me have a penny loafe quoth the said Frances
Browne I have more for the old Witch get the
out of my house Witch quoth the said Tomlinson [thou?]
[art?] a witche And Frances Browne saying hither thow
did once sett a stone against me for calling the witche
And I then called the witche and I will still call
the witch and stand to yt and did at the same
tyme thrust hir out of her doore giving hir a
[blaw?] of the mouth at the same time then and there
being sitting at the doore this exa[minate] the said Curtes
and Mocane [surname uncertain] And after that long about Lammas
last past this exa[minate] was in the shop of Lancelot
Barwick of harewood upon a Wednesday [what?] certen
day he remembreth not Where and when the
said [inserted: articulate] Frances [cancelled word] Browne being in the
[inserted: said] shop holding against Margery Tomlinson
art[iculate], And this exa[minate] bad hir be in quietnes saying
she had said ynoughe against the said margery [cancelled: Tom] [inserted: artic...]
And quoth the said Frances browne I have called
[cancelled: the said margerye] Tomlinson witch (meaning the
said margery Tomlinson art[iculate]) witch I will call hir
witch and I will stand to it Then and there being
present Walter Barwick and this exa[minate], Robert Ellyson
and divers others to the number of five or six persons
whose names he now remembreth not Et aliter nescit deponere.

Super tertio articulo nescit deponere.
Super quarto articulo nescit deponere.
Super quinto articulo non ex[aminatur] quia pars rea fatetur.
Super sexto articulo dicit quod predeposita per eum sunt vera et de hujus
famam laborare in locis art[iculatis] Et aliter dicit quod non est doctus
nec consanguineus aut affinis alteri p[ar]tium nec magis [unread contraction] [unread word] optaret.

Deposition of John Curtes

University of York, Borthwick Institute, CP.G.2564, repository image 7 right upper

Manuscript transcription with unresolved readings

English translation and modern reading

John Curtes of Harewood, diocese of York, [nailmaker?], aged about thirty, a witness produced, admitted, sworn and examined as above. First, concerning knowledge of the parties, he says that he has known Margery Tomlinson well for fifteen years and Frances Brown for the same period.

On the first article he is not examined because the defendant admits it.
Examined on the second article, he says that on the Sunday next before Midsummer last was a year, or fourteen sennights after that feast [the manuscript’s alternative is preserved], Margery Tomlinson passed this witness and others sitting on a block of wood at Frances Brown the widow's door in Harewood and went into the house. After she was inside, he heard her ask Frances Brown for twopence. Brown answered that she should have more. Tomlinson then asked to have cakes for it. Frances Brown said that she had more for her, adding, “Get thee out of my house, witch.” [The following words “then this art[iculate] And” are incomplete or anomalous as written.] She thrust her out of the doors and gave her a box on the ear, saying, “Thou didst once set a stone against me for calling thee a witch; now I call thee a witch again, and I will still [call?] thee a witch.” William Plumber, Edmund Wykeley [surname uncertain], Thomas Warter alias Mortane [names uncertain], Thomas [Mocane?] and various others who were in the house were present. He knows nothing further to depose.

He knows nothing to depose on the third article.
He knows nothing to depose on the fourth article.
He is not examined on the fifth article because the defendant admits it.
Examined on the sixth article, he says that what he has already deposed is true and adds a formula concerning fama in the places in question [exact construction and sense unresolved]. He further says that he has not been instructed [remaining contracted clause concerning either party unresolved].

Original transcription in Latin and English

[Margin] Jo: Bent.
Johannes Curtes de harewood Ebor[acensis] diocesis fab[er] clavo[rum?]
etatis sue circiter xxx annos testis ut supra productus admissus juratus et
examinatus Et primo de notitia p[ar]tium testis dicit quod Margeriam
Tomlinson per xv annos et Franciscam Browne per idem
tempus bene novit.

Super primo articulo non ex[aminatur] quia pars rea fatetur.
Super secundo articulo ex[aminatus] dicit that this exa[minate] upon sonday
next before midsomer last past was a twelvemonth or fourten
sennights following the said feast Margery Tomlinson art[iculate]
passed by this exa[minate] and others sittinge upon a clog
at the doore of Frances Browne wedow in harewood into the
said house And after she was in the house this examinate
heard hir aske ijd of the said Frances browne art[iculate] And
Browne art[iculate] answered she shold have more And then
she desired to have cakes for it And Frances browne
art[iculate] said she had more for hir saying further get
the out of my house witche: then this art[iculate] And
thrust hir furth of the doores and gave hir a box
of the eare saying thow did once sett a stone
against me for calling the witche Now I call the
witche againe and I will still [call?] the a witche.
Then and there being present Will[ia]m plumber
Edmund Wykeley [surname uncertain] and Tho[mas] Warter als Mortane [names uncertain]
Tho[mas] [Mocane?] with divers other that were
in the house Et aliter nescit deponere.

Super tertio articulo nescit deponere.
Super quarto articulo nescit deponere.
Super quinto articulo non ex[aminatur] quia pars rea fatetur.
Super sexto articulo ex[aminatus] dicit quod predeposita per eum sunt vera ac
ut hujus fama laborare in locis art[iculatis] Et aliter dicit quod non est
doctus [contracted words unread] alteri p[ar]tium.

Deposition of Robert Ellison

University of York, Borthwick Institute, CP.G.2564, repository image 7 right lower

Manuscript transcription with unresolved readings

English translation and modern reading

Robert Ellison of Harewood, diocese of York, butcher, aged about thirty, a witness produced, admitted, sworn and examined as above. First, concerning knowledge of the parties, he says that he has known Margery Tomlinson well for fifteen years and Frances Brown for twelve years.

On the first article he is not examined because the defendant admits it.
Examined on the second article, he says that about Lammas last he was [with/by?] Lancelot Barwick, butcher of Harewood, to kill a calf. Frances Brown was outside the shop, and William Plumber, his fellow witness, was inside. Plumber answered and said that she had said enough already against Tomlinson, meaning Margery Tomlinson, for [the intervening speech has an uncertain construction] having called her a witch. Frances Brown said, “I have indeed called her a witch; I will call her a witch again, and stand to it.” Present were [William?—possibly a false start], Walter Barwick, this witness, William Plumber and various others whose names he cannot now remember. He knows nothing further to depose.

He knows nothing to depose on the third and fourth articles.
He is not examined on the fifth article because the defendant admits it.
Examined on the sixth article, he says that what he has already deposed is true and adds a formula concerning fama [exact sense unresolved; the bottom is damaged; part of the remaining line refers to not being related by blood; the missing words cannot be translated].

Original transcription in Latin and English

[Margin] Jo: Bent.
Robertus Ellyson de harewood Ebor[acensis] diocesis butcher etatis
sue circiter xxx annos testis ut supra productus admissus juratus
et examinatus Et primo de notitia p[ar]tium testis dicit quod Margeriam
Tomlinson per xv annos et Franciscam browne per xij annos
bene novit.

Super primo articulo non ex[aminatur] quia pars rea fatetur.
Super secundo articulo ex[aminatus] dicit that this examinate about
Lammas last past was [by?] Lancelot Barwick
of harewood butcher to kill a calfe Where and when the
said Frances Browne art[iculate] being without the said shop
And Will[ia]m plumber his contest then being in the said shop
answered and said she had said ynough already against
Tomlinson words meaning margery Tomlinson art[iculate] for then
have called hir witche To yt [have?] I called hir said
Frances browne I have indeed called hir witche
I will call hir witche againe And stand to it then
and there being Will[ia]m Walter Barwick and this exa[minate]
Will[ia]m plumber with divers others whose names he now
remembreth not Et aliter nescit deponere.

Super tertio et quarto articulis nescit deponere.
Super quinto articulo non ex[aminatur] quia pars rea fatetur.
Super sexto articulo ex[aminatus] dicit quod predeposita per eum sunt vera et de hujus fama laborare
[damaged line] nec consanguineus [damaged words] [unread ending].

Case docket

University of York, Borthwick Institute, CP.G.2564, repository image 8

Manuscript transcription with unresolved readings

Modern English reading

Tomlinson and Brown, 1590.

Original English text

Tomlinson
&
Browne
1590.
[Later repository stamp] BORTHWICK INSTITUTE [pencil reference: R viii G 2564; partly unclear].

About this case and its sources

Reference  University of York, Borthwick Institute, CP.G.2564

Source languages  Latin and English

Court  York ecclesiastical court

Case  Defamation concerning allegations of witchcraft

Record dates  29 May–30 July 1590; reported incidents are earlier

Surviving papers  Three pieces according to the York catalogue; libel and depositions; no sentence

Parties  Margery Tomlinson, complainant; Frances Brown, defendant

Witnesses  Walter Barwick; William Plumber; John Curtes; Robert Ellison

Other named people  Lancelot Barwick, father of Walter; Christopher Foster, notary in the personal answers, described as defence proctor in the catalogue

Outcome  No sentence survives in the catalogued papers; the result is not established

Catalogue differences  The catalogue describes Brown as a spinster; witnesses call her a widow. Both descriptions are retained with their sources.

Texts in this edition  Libel and prayer, personal answers, four witness depositions and dockets.

Text status  Manuscript reading with unresolved passages.

Edition  25 October 2026 · version 1.0

How to cite  Witches in Early Modern England, Margery Tomlinson and Frances Brown, reading edition, 25 October 2026, section title and source folio or page.

Citations attached to the represented texts; saved repository catalogue information where explicitly identified.