“A Whore, a Witch, and a Cuckoldy Whore”: Elizabeth Mould, Charles Empson, and the Insults That Reached the Courts, 1690–1691

In dei nomine Amen.
Coram vobis [contracted style] Henrico Watkinson legum doctore
[approximately eleven preliminary lines naming spiritual jurisdiction, proctor for Elizabeth wife of John Mould against Charles Empson of Booth, partly unread].
[Margin:] R Squire.

1. Imprimis ponit et articulat quod dicta Eliza Mould fuit et est mulier
nupta et conjugata ac uxor [contracted] Johannis Mould ac bonae
honestae bonae famae vitaeque et conversationis integrae mulieris
[approximately five remaining lines of reputation clause partly unread].

2. Item ponit et articulat quod dictus Carolus Empson [unread words]
[unread clause] mensibus Februarij et Martij
Anno Domini 1689 et mensibus Martij et Aprilis Anno Domini 1690
[contracted month alternatives/place clause]
[approximately four lines of Latin defamation clause partly unread]
[English:] the [said] Charles Empson
speaking to and of the said Elizabeth Mould said and reported
[unread parenthetic phrase] that the said Elizabeth Mould was a whore a witch
and a Cuckoldy whore [contracted clause] he the said Charles
Empson [unread clause] repeated and reported divers and sundry times or
[unread words] [continuing Latin proof formula partly unread].

3. Item ponit et articulat quod post praemissa [approximately five lines across images 2–3, alleging acknowledgment before trustworthy witnesses, partly unread].
4. Item ponit et articulat quod per [contracted] prolationem [unread] verborum
scandalosorum et diffamatorum status bona fama et opinio ipsius
Elizae Mould apud bonos et graves [remaining injury clause partly unread].
5. Item ponit et articulat quod dictus Carolus Empson fuit et est de
Booth Ebor diocesis [jurisdiction clause partly unread].
6. Item quod de et super praemissis omnibus et singulis fuit et est publica
vox et fama in locis [contracted words] alijsque locis vicinis [unread ending].

Unde facta fide de praemissis quantum de
jure sufficit [prayer approximately nineteen lines, correction, retraction and costs sought; partly unread].
Salvo jure [contracted ending].
Et protestamur [contracted ending].

30mo Julij 1690.
Recognit[a] coram
Hen: Watkinson.
Responsiones personales Caroli Empson
factae positionibus et Articulis Libelli ex parte
et per partem Elizabethae Mould contra eum
dati et exhibiti.

Ad primam positionem [contracted] Credit eandem esse
veram.
Ad secundam tertiam et quartam positiones
respondet dicit quod [deleted word] de jure non tenetur
respondere eis quia sunt positiones Criminales.
Ad quintam positionem [contracted] dicit That this
[deleted word] [contracted] was and is of Booth within
the parish of Howden which is not of the
Dioces of Yorke Et aliter refert se ad
jus nec Credit eandem esse veram in
aliquo.
Ad sextam positionem [contracted] Credit Creditis
et negat Negata.
Rob. Medley. / Charles Empson.

[Image 5 opening Latin, approximately seven lines, proctor for Charles Empson reserving legal exceptions and articulating as follows; several contracted words unresolved. Margin Rob: Medley.]

1. Imprimis ponit et all[egat] that at the time of the awarding
and giving out of the Original Citation in this pretended
cause of diffamacion and for the space of ten years last
past and more the said Charles Empson did dwell &
Inhabit at Booth mentioned in the Libell & personal
answers of him the said Charles in this cause Exhibited [insertion:] and not else
where Et ponit de tali et tanto tempore loco modo et forma
[remaining Latin proof formula partly unread].

2. Item ponit et allegat that for the space of 10.20.30.40.50 &
60 years [insertion:] last past & more and for and during the time whereof mans memory
doth not extend to the Contrary the place called Booth aforesaid
hath been and still is notoriously Scite & Scituate within the
peculiar Jurisdiction of Howden & Howdenshire [deleted phrase]
belonging to the Dean & Chapter of Durham & not [insertion:] of or
within the diocess of York and for all the time aforesaid
hath commonly Notoriously and publiquely been reputed and
taken to be of and within the said peculiar Jurisdiction
& not of or within the diocess of York aforesaid Et ponit
ut Supra.

3. Item ponit et all[egat] that for all the time in the next
precedent Article mentioned the hearing & determining
of all causes of Ecclesiastical Cognizance ariseing within
the said peculiar Jurisdiction and especially the hearing &
determining of all causes of diffamacion ariseing from
words spoken by any person dwelling & inhabiting within
the said peculiar hath & still doth of right belong unto
the Judge Commissary or tutor of the said peculiar Jurisdiction
[deleted words] & without the Concurrent Jurisdiction of
any
[image 6 left:]
any other Ecclesiastical Judge whatsoever Hocque fuit est [contracted]
[remaining Latin clause partly unread] Et ponit ut Supra.

4. Item ponit et all[egat] that by an Act of Parliament made in the
23 yeare of the Reigne of our late Sovereigne [contracted] King
Henry the 8th of famous memory it was (amongst
other things) Enacted as followeth viz be it enacted by
the King our Sovereigne [contracted] with the Assent of the [contracted] Spirituall
& temporal and the Comons in this present parliament
Assembled and by Authority of the same that no manner
of person shalbe from henceforth cited or sumoned
or otherwise called to appeare by himself or her self or
by any proctour before any Ordinary Arch Deacon
Commissary Official or any other Judge Spirituall out of the
Diocess or peculiar Jurisdiction where the person which shalbe
so cited Sumoned or otherwise called shall be inhabiting
or dwelling at the time of awarding or going forth of
the same citation or Summons Except in the Cases [where?]
[unread word] are remitted from any Inferiour to a Superiour Court
& in some other causes (whereof the cause in controversy
is not one) particularly mentioned in the said Act as by
the same reference being thereunto had more fully and
at large appeares Et ponit de tali modo et forma [contracted proof ending].

5. Item ponit et all[egat] that by the Canons & Constitutions
Ecclesiastical made in the 37 yeare of the Reigne of King
James the 1st of famous memory it was Ordained
& provided that no Official of any Archbishops Consistory
shall either ex officio or at the Instance of any party
Originally cite Sumon or any way compell & procure
to be cited Sumoned or compelled any person which
dwelleth not within the particular diocess or peculiar of
the said Archbishop to appear before him for any cause or
matter whatsoever belonging to Ecclesiastical Cognizance
[image 6 right:]
contrary to the Tenor & forme of the late Statutum in the
next precedent Article mentioned as by the said Canon and
Constitution reference being thereunto had more fully and
at large appeares Et ponit ut Supra.

6. Item ponit et all[egat] that the premises notwithstanding the
said Elizabeth Mould without any remission from the
Commissary of the said peculiar Jurisdiction of Howden &
Howdenshire or without his privity or consent did de
facto when further she could not cause an original
Citation to be issued out of this Court ag[ains]t the said
Charles Empson & by vertue thereof caused him to be cited
& Sumoned to appear in the Consistory Court upon a
certain day lapsed then and there to Answer her in this
pretended cause of diffamacion & so cited & Sumoned
him the said Charles Empson out of the peculiar
Jurisdiction of Howden & Howdenshire aforesaid where
he then dwelt & inhabited as aforesaid as by the said
Original Citation & Act of this Court reference
being thereunto had fully & at large appeares Et ponit
ut Supra.

7. Item ponit et all[egat] that by reason of the premises this
[unread words] proceeding himself contrary to the said aforesaid
Original Citation being taken out of an Incompetent
Court & the proceedings thereon being coram non
Judice were & are null & void for want of lawfull
Authority & Jurisdiction in that behalfe and that tis
not in the power of any parties or their proctours either
by consent or combination prejudicially to divest any
Ecclesiastical Court of their lawfull Jurisdiction and
[unread words] by [altered words] Cognizance of such
causes as properly belong thereto [altered concluding phrase]
[unread words] the said Court of Judicature reference [unread words] Et
ponit ut Supra.

[Image 7 left:]
Item ponit et all[egat] that an Exception to a nullity arising
from the want or defect of Jurisdiction may at any time
be propounded as well after as before contestation of
Suit Although the parties have both covenanted and
sworne not to propound the same and tho' the same
should be propounded after three Conformable Sentences
[unread word] had [contracted words] Et ponit ut Supra.

Quae omnia [remaining Latin prayer for dismissal from this incompetent forum and costs, approximately seven lines, partly unread].
[Docket:] Mould contra Empson.

Henricus Watkinson legum doctor [remaining heading and first lines obscured by seal attachment]
[approximately sixteen partly obscured/contracted Latin lines citing Charles Empson of Booth to York; date and hearing date require further reading]
Datis [contracted words] [date:] octavo die mensis Junij [contracted]
Domini 1690.
Tho: [surname uncertain]
Notarius Publicus.

[Image 8 return:]
June [day unclear] 1690
This [citation?] was [unread] served on [unread words]
Charles Empson [unread words] [unread ending]
by [name unread].

Gulielmus Savile [contracted] legum baccalaureus Officialis sive Custos generalis Juris
peculiaris et specialis de Howden et Howdenshire [remaining addressee and jurisdiction clauses partly unread]
[approximately thirteen Latin lines directing appearance before Henry Watkinson in York on Thursday 19 March next, to hear definitive sentence; wording and some parties' names partly unread]
[date:] undecimo die mensis
Martij Anno Domini 1690.
[Subscription:] [unread] Notarius Publicus.

[Margin:] To appeare on Thursday the
19th of March 1690.

[Bottom return:]
March the 18th 1690.
The above named Charles Empson was diligently sought
for att his dwelling house in Booth but could not be found
Wittness my hand
Peter Hawkins.
R: Squire [subscription, left].

8o Octobris 1690.
Frances Johnson de Carleton in Com[itatu] [deleted: Ebor; inserted:] Lincoln aetatis
22 annorum Spinster testis super positionibus et
Articulis Libelli ex parte Elizabethae uxoris Johannis Mould
contra Carolum Empson dati et exhibiti [contracted] [jurata?]
et primo [contracted] Elizabetham Mould per 10 menses [contracted]
Carolum Empson per tres annos aut inde novit.

Super secundo et tertio Articulis [contracted] dicit That about
the 17th or 18th day of May last past as near as this
Deponent can remember the articulate Charles Empson
came to the house of one Stephen [Margreave?; partly obscured] [insertion:] this deponents [master?]
within the [Southward?] parish of Carleton articulate and the
articulate mrs Mould was then sett by the fire in this
Deponents said [unread word] house and the said Charles
Empson then asked who itt was that was sett by the
ffire and being told that itt was mrs Mould he
thereupon called the said mrs Mould a Whore
a Witch and a Cuckoldy whore, which wordes
he repeated severall times over in the presence of
this Deponents Mistress (Margt Margreave) her
contest Sarah Wilson and this Deponent Et aliter
nescit deponere.

Super quarto Articulo [contracted] dicit quod nescit deponere.
Super reliquis non examinata [contracted credibility ending partly unread].
Signum
Frances [mark] Johnson.

Sara Wilson de [Readnes?] parochiae de Whitgift in
Com[itatu] Ebor aetatis 18 annorum aut circiter testis
ut supra dicit et deponit quod dictam Elizabetham
Mould per 9 menses [contracted] Carolum Empson
per 6 menses novit.

Super secundo articulo [contracted] dicit That in May last and
about the latter end thereof as she now remembreth
the articulate mrs Mould was att one Stephen Margreaves
house
[image 11 left:]
house (this deponents then master) situate in
Carleton articulate and being sett by the fire the articulate
Charles Empson came into the Roome and asked
who itt was and being told that itt was mrs Mould
he the said Charles Empson called her the said mrs
Mould whore Witch and Cuckoldy whore and
these wordes he repeated over and over in the presence
of Margt Margreave (this deponents then mistress)
her precontest Frances Johnson and this Deponent
Et aliter nescit deponere.

Super quarto Articulo [contracted] dicit That in this Deponents beliefe
and opinion the articulate mrs Moulds reputation is
much injured by reason of speaking the wordes
praedeposed Et aliter nescit deponere.
Super reliquis non examinata [contracted ending].
Signum
Sara [mark] Wilson.

In dei nomine Amen.
Auditis visis et intellectis ac plenarie et mature discussis per
Nos Henricum Watkinson Legum Doctorem [contracted office]
[approximately twenty-four lines of recital: merits of cause between Elizabeth wife of John Mould and Charles Empson; proctors and hearing; partly unread]
[operative proof clause:] comperimus
luculenter et invenimus dictam partem agentem petitionem sive inten-
tionem suam in dicto suo libello deductam et propositam sufficienter
fundasse pariter et probasse nihilque effectuale ex adverso per
partem [contracted] partis defendentis in hac Causa exceptum dictum
allegatum propositum et probatum fuisse aut esse quod intentionem
dictae partis agentis elideret seu quomodolibet enervaret
Idcirco Nos Henricus Watkinson Legum doctor Judex antedictus
praefatum Carolum Empson pro tanto temeritatis suae excessu
[image 13 left:]
[unread opening word] praemissis et ea concernentibus debite corrigendum et puniendum
fore pronuntiamus decernimus et declaramus nec non in
expensis [contracted] ex parte et per partem dictae Elizabethae Mould in hac
Causa [contracted] factis et fiendis Condemnamus Condemnatumque
ad debitam solutionem earundem parti dictae Elizae
Mould legitime cogendum et compellendum fore pronuntiamus
decernimus et declaramus [remaining final-decree/reserved-taxation clauses, approximately eight lines, partly unread].
R Squire.
Februarij 19mo 1690 lecta et
lata
per nos
Hen: Watkinson.

Mould contra Empson.

Gulielmus Savile legum Baccalaureus Commissarius aut Custos generalis Juris peculiaris et specialis de
Howden Howdenshire et Hemingbrough [remaining addressees and first seven lines partly unread]
[clause citing Charles Empson, if personally possible, otherwise by public citation in Howden parish church]
[appearance direction refers to the Howden court on:] Veneris decimo septimo Aprilis [contracted]
[approximately six remaining Latin lines concerning a definitive-sentence cause between Elizabeth wife of John Mould and Charles Empson, and a purported sentence by Henry Watkinson; operative purpose not fully resolved]
Datum [contracted words] vigesimo tertio die
Martij Anno Domini 1690 (Stilo Angliae).
[Subscription:] [unread] Notarius Publicus.
[Margin:] To appeare on Thursday
ye 2d of Aprill 1691 [reading and relation to main-text Friday appearance require checking].

[Image 16 verso:]
This Citacion was published in ye Parish
Church of Howden ye 29th day of
March 1691
By me
Wm: Willington.
[Docket:] Mould contra Empson.

Gulielmus et Maria Dei gratia Angliae Scotiae Franciae
et Hiberniae Rex et Regina fidei [contracted] [remaining royal style]
[addressees provisionally read:] Henricum Newton et Stephanum
Waller legum doctores Judices [contracted continuation]
[approximately twelve lines describing the York appeal between Charles Empson of Booth and Elizabeth Mould, wife of John Mould, and transfer of the appeal; partly unread]
[operative instruction includes:] ... Henricum
Watkinson legum doctorem [contracted] ...
[approximately sixteen further lines ordering transmission of records/instruments/processes to the royal judges/delegates, partly unread]
[dating:] 20o [month reading uncertain, appears Apr[ilis]] [regnal/dating formula unread].
[Left vertical margin: long English certificate concerning receipt/execution, partly unread; not transcribed in full.]

Mould contra Empson.