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Archaeologia Cantiana -  Vol. 134  2014

A History of the Ecclesiastical Courts of the Diocese of Canterbury, 1566-86, based on the
   Cause papers bound within the Volume MS.F.4.12. By Karen Rushton

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Entry 4 f.9 verso - Exceptions, Defamation  - Transcription and Translation

Editorial Conventions
  
Each entry that has been selected for transcription is given with its entry number and folio number as well as the type of record and type of case. Directly following each transcription is a full translation of the entry, and the sections of entries that were originally in English are shown in italics in the translation. The transcription follows the original exactly in terms of spelling, punctuation and capitalisation. Also, capitalisation of certain words can be inconsistent or inaccurate but again it has been transcribed without corrections as not to do so would detract from the research value and would be wrongly influencing the record’s interpretation.
   All abbreviated words have been extended with the missing letters included in square brackets. Words and sentences that have been inserted later are indicated by a forward and backward slash to show where it has been inserted. In the same vein words that have been crossed out by the scribe are transcribed with a line running through them to illustrate the mistakes of the scribe and to try and remain true to the original. Where words have been seemingly joined together they are shown separately in the transcription apart from the occasions when the word ‘que’ has been added on the end of words to indicate ‘and’. Letters such as i and j and u, v, and n, which can often be indistinguishable from one another, are transcribed in the form they are written in rather than the letter they are supposed to represent when it is clear.
    In the translation Christian names have been anglicised but all surnames remain as in the original record. Correcting surnames to their modernised forms would not accurately reflect the meaning and is sometimes difficult to do, especially given the inconsistencies in the spelling of surnames, which is in itself a potentially interesting point. Similar to Christian names, all place names appear in the translation in their modern forms.

Transcription
In dei no[m]i[n]e amen, coram vobis ven[er]abili viro m[agist]ro
Stephano Lakes legu[m] doctore, Civitatis et diocesis
Cantuar[iensis] Com[m]issario gen[er]ali l[egi]time deputato v[est]rove
in hac p[ar]te substituto, aut alio Iudice in hac p[ar]te
competen[te] quocu[m]q[ue], Ego Johannes Edward[es] Notarius
publicus p[ro]curator Johannis Clerk Iunioris ville
de nova Romney Cantuar[iensis] diocesis, o[mn]i meliori mod[o]
et iuris forma, dico allego et in hiis script[is] in
iure p[ro]pono articulatim p[ro]ut sequitur

1 2. Inprimis q[uo]d p[re]fatus Johannes Clerk toto tempore vite
sue, seu saltem p[er] septem, sex, quinq[ue], vel quatuor
annos vlt[imos] elapsos fuit, ac in p[rese]nti est vir
bone fame, et opinionis ille se, et p[re]cipue ap[u]d
bonos et graves, p[ro]q[ue] tali et ut talis fuit ac est
habitus er reputatus, Et pono con[juncti]m et divisim
et de quoli[be]t

3. It[e]m q[uo]d si et quatenus quicquam fuerat coram vobis (d[omi]ne
Iudex an[ti]dicte) in contrariu[m] detectu[m] vel p[re]sentatu[m]
contra p[re]dictu[m] Iohannem Clerk et Suzannam Etheryck
uxorem Thome Etheryck de nova Romney p[re]dict[a], de
et sup[er] crimine incontinentie inter eos p[er]petrat[o] sive
co[m]misse, Illud tamen factu[m] fuit p[re]sentac[i]one sive
detectione solu[m]modo Thome Eppes Joh[ann]is Fowle
Eliz[ab]e[th]i Cowcheman, et Walteri Gybbes, et non alior[um]
nulla charitativa monic[i]one, neq[ue] fama, saltem
ex l[egi]timis coniecturis habit[o] et fact[o] p[ro]ceden[ti] sive
p[re]ceden[ti], Ac pono vt supra

3 4. It[e]m q[uo]d p[re]fati Thomas Eppes, Johannes Fowle, Eliz[ab]e[th]us Cowcheman
et Walterus Gybbes toto et o[mn]i tempore suar[um] p[er]n[icio]sa[rum]

f.9 recto
p[re]sentac[i]onu[m] et detectionu[m], diuq[ue] antea et citra
fuerunt inimici capitales d[i]c[t]i Joh[ann]is Clerk, p[ro]q[ue]
talibus et vt tales fuerunt et sunt co[m]iter dicti, tenti
habiti, no[m]i[n]ati et reputati palam publice et notorie,
Ac pono ut supra

5. It[e]m q[uo]d p[re]dictus Ioh[ann]es Fowle tempore detectionis sive
p[re]sentac[i]onis pu[ ]se p[re]dict[i], diuq[ue] antea fuit ac erat
capital[is] insensus et iratus cu[m] p[re]fato Joh[ann]e Clerk
infra villam de Nova Romney p[re]dict[a], In so muche
that he the said John Fowle about a quarter of
a yeare past, uppon a p[re]tended mallyce, (w[hi]ch
he confessed in the court hall of new Romney) dyd
breake the said John Clerk[es] head, for w[hi]ch said
fact he was p[re]sented in Romney aforesaid by a
Iury for the Quene, & for the w[hi]ch, he is to
pay vjs viijd for shedynge of bloud in Romney
aforesaid, And there is actyon & sute dependynge
agaynst the said John Fowle co[m]mensed by the
said John Clerk, dictusq[ue] Joh[ann]es Fowle
p[re]misso[rum] intuitu fuit ac est capitalis inimicus
d[i[c[t]i Joh[ann]is Clerk, Ac pono vt supra

6. It[e]m q[uo]d p[re]dictus Thomas Eppes tempore detectionis sive
p[re]sentac[i]onis p[re]dict[i], anteaq[ue] vel citra, Was
dysfranchysed of his freedom of the towne of
New Romney aforesaid, by the mayor, juratt[es]
& co[m]mynalty of the same towne, for breache of
his othe, concernynge the lybertyes & vsagyes
of the same towne of new Romney, Ac pono vt
supra

f.10 verso
6 7. It[e]m that the said Thomas Eppes & John Fowle p[re]tensed
churche wardens of new Romney aforesaid, beinge geven
to vnderstand that one Rychard Pell of the said
towne of new Romney, had spred abrode & openly
published very odyous, obp[ro]bryous & sclaunderous
woord[es] agaynst the fore named Suzan Etheryck
& concernynge the said John Clerk, They the said
Thomas Eppes & John Fowle there vppon went to
the said Suzan Etheryck, & told her that they must
present her, for that there was a fame or speache
that she lyved incontynently w[i]th John Clerk
afore named, But in thende of there talk w[i]th
her, they told her, That if she for her parte
would not trouble Rychard Pell afore named
for suche woord[es] as he had spoken agaynst her,
That then they for there partes would not p[re]sent
her in there yeare, And Bycause she would not
nor dyd not graunt there request[es], therefore they
p[re]sented her w[i]th the said John Clerk, Ac pono
vt supra

8. It[e]m that Walter Gybbes afore named hathe affyrmed
& said, That he consented to the p[re]sentment made
& exhibyted agaynst the said John Clerk, &
Suzan Etheryck by the only procurement of the
said Thomas Eppes & John Fowle, And that he
told them it was agaynst his conscyence to p[re]sent
the said John Clerk & Suzan Etheryck, except
they had fyrst lawfull warnynge, To whome

f.10 recto
the said Thomas Eppes & John Fowle said, be
contented to do as we do, & we wyll beare
you out in it, Ac pono ut supra

8 9. It[e]m that Ellys Elize[beth]us Cowcheman hathe byn induced by
Thomas Eppes & John Fowle, to [th]oine w[i]th them
in this Presentment, as it is aparant by the
causes before alleged, Ac pono vt supra

9 10. It[e]m that m[aste]r Thomas Etheryck the husband of the
said Suzan Etheryck is at this tyme, & hathe
byn of a longe tyme past, mayor of the
towne of new Romney afore said, And the said
Iohn Clerk is & hathe byn of a longe tyme past
the chamberleyne of the same towne, & beinge
chamberleyn kepethe the towne seale of the same
towne, And by reason of his said offyce
hathe occasyon to com to the house of the said
m[aste]r Etheryck mayor there, to seale wrytes,
p[ro]cesses, & other thyng[es] twyse or thryse every
weeke, in the p[re]sence of the said mayor,
Ac pono vt supra

10 11. It[e]m dictus Edward[es] p[ro]cur[at]o[r] no[m]i[n]e quo supra, dicit et
allegat, q[uo]d quanvis aliqua fama laboravit aut
in p[rese]nti laborat, infra dictam villam de nova
Romney, contra dictos Ioh[ann]em Clerk et Suzannam
Etheryck de crimine incontinentie inter eos
p[er]petrat[is] sive co[m]missis q[uo]d non fatetur p[ar]s ista, sed
expresse negat, Tamen dicta fama originem
traxit et habuit a p[re]fato Richardo Pell de nova

f.11 verso
Romney p[re]dict[a], seu saltem a dict[is] p[re]sentatoribus
ex odii fomite potuis quam q[uer]elo iusticie, vel
charitatis intuitu, Et pono vt supra

11 12. It[e]m that the said Rychard Pell, hathe uttered dyvers
sclanderous woord[es] agaynst the said Suzan Etheryck
& concernynge the said John Clerk, for w[hi]ch
the said Suzan hathe entered a cause of
dyffamac[i]on agaynst the said Rychard Pell,
Et pono vt supra

13. It[e]m q[uo]d p[re]missa o[mn]ia et singula fuerunt ac sunt vera,
publica, notoria, manifesta p[ar]iter et famosa,
Ac de et sup[er] eisdem laborarunt et in p[rese]nti
laborant publica vox et fama, Unde ego
p[ro]curator an[ti]dictus peto detectionem pu[ ]sam p[re]dict[am]
sic vt p[re]fertur fact[um] et exhibit[um], tanquam nullam
reiici, ac ius et iusticiam d[omi]no meo mi[ni]strari
cu[m] effectu, dictu[m]q[ue] d[omi]n[u]m meu[m] ab vlteriori
iudicii obs[er]vac[i]one dimitti, et offero me p[ro]mpt[um]
et parat[um] ad p[ro]band[um] p[re]missa
            Et p[ro]testor q[uo]d non p[ro]pono has exceptiones a[n]i[m]o
            diffamandi p[ar]tes p[re]dict[as] vel ea[rum] aliquem, sed
            tantu[m]modo ca[usa] defendi jniuriam dicto d[omi]no
            meo illat[o]

Translation
In the name of God amen, before you the venerable man master Stephen Lakes, doctor of laws, Commissary general of the city and diocese of Canterbury lawfully appointed or for you in this part substituted by any other suitable judge in this regard. I John Edwardes, notary public, proctor of John Clerk junior of the town of New Romney of the diocese of Canterbury, in every good manner and by the form of law, I say, allege and by these words in law propound articulately as follows.

2. Firstly, that the said John Clerk was for all the time of his life, or at least for seven, six, five, or four years last past, and in the present is a man of good fame and repute and he by himself was and is held and reputed principally amongst the good and weighty for such and as far as such. And I produce in court jointly, separately and for each one.

3. Item, that if and insofar as anything to the contrary had been presented or disclosed before you, o lord judge, against John Clerk and Suzan Etheryck wife of Thomas Etheryck from New Romney aforesaid concerning criminal incontinence perpetrated or committed between them, that however was made by presentation or disclosure proceeding or preceding solely of Thomas Eppes, John Fowles, Elizabeth Cowcheman and Walter Eppes and no of others, made and held from no charitable warning or fame at least from lawful conjectures. And I produce as above.

4. Item, that the aforesaid Thomas Eppes, John Fowle, Elizabeth Cowcheman and Walter Gybbes for the whole and by all the time of their pernicious presentment and disclosure, and for a long time before and since were chief enemies of the aforesaid John Clerk and for which matters and such they were and are readily said, held, regarded, named and counted openly, publicly and notoriously. And I produce as above.

5. Item, that the said John Fowle from the time of his aforesaid presentment and disclosure and for a long time since has been and was chiefly aggravated and angered with the said John Clerk within the town of New Romney aforesaid, In so muche that he the said John Fowle about a quarter of a yeare past uppon a pretended mallyce (which he confessed in the court hall of New Romney) dyd breake the said John Clerkes head, for which said fact he was presented in Romney aforesaid by a Jury for the Quene, & for which he is to pay VIs VIIId for shedynge of bloud in Romney aforesaid, And there is actyon & sute dependynge agaynst the said John Fowle comensed by the said John Clerk, And the said John Fowle with a view of the aforementioned things was and is a chief enemy of the said John Clerk. And I produce as above.

6. Item, that the said Thomas Eppes from the time of his presentment or disclosure aforesaid, and before and since, Was dysfranchysed of his freedom of the towne of New Romney aforesaid, by the mayor, jurattes & commynalty of the same town, for breache of his othe, concernynge the lybertyes & usagyes of the same towne of New Romney, And I produce as above.

7. Item, that the said Thomas Eppes & John Fowle pretensed churche wardens of New Romney aforesaid, being geven to understand that one Rychard Pell of the said towne of New Romney, had spred abrode & openly published very odyous, obprobryous & sclaunderous woordes agaynst the fore named Suzan Etheryck & concernynge the said John Clerk. They the said Thomas Eppes & John Fowle there uppon went to the said Susan Etheryck & told her that they must present her, for that there was a fame or speache that she lyved incontynently with John Clerk afore named. But in thende of there talk with her, they told her, that if she for her parte would not trouble Rychard Pell afore named for suche woordes as he had spoken agaynst her, that then they for there partes would not present her in there yeare. And bycause she would notnor dyd not graunt there requestes, therefore they presented her with the said John Clerk. And I produce as above.

8. Item, that Walter Gybbes afore named hathe affyrmed & said, that he consented to the presentment made & exhibyted agaynst the said John Clerk, & Suzan Etheryck by the only procurement of the said Thomas Eppes & John Fowle. And that he told them it was agaynst his consyence to present the said John Clerk & Suzan Etheryck, except they had fyrst lawfull warnynge. To whome the said Thomas Eppes & John Fowle said, be contented to do as we do, & we wyll beare you out in it. And I produce as above.

9. Item, that Elizebethus Cowcheman hathe byn induced by Thomas Eppes & John Fowle, to thoine with them in this Presentment, as it is aparant by the causes before alleged. And I produce as above.

10. Item, That Master Thomas Etheryck the husband of the said Suzan Etheryck is at this tyme, & hathe byn of a longe tyme past, mayor of the towne of New Romney afore said, And the said John Clerk is & hath byn of a longe tyme past the chamberleyne of the same towne, & beinge chamberleyn kepethe the towne seale of the same towne. And by reason of his said offyce hathe occayson to com to the house of the said Master Etheryck mayor there, to seale wrytes, processes, & other thynges twyse or thryse every weeke, in the presence of the said mayor. And I produce as above.

11. Item, the said Edwardes proctor for the name of the above, says and alleges, that though some fame circulated or in the present circulates within the town of New Romney against the said John Clerk and Suzan Etheryck, concerning criminal incontinence perpetrated or committed between them, that this part does not confess but expressly denies. Furthermore the said fame, dragged and managed in the beginning by the said Richard Pell from New Romney aforesaid, or at least by the said presenters, from a kindling of hatred rather than from a complaint of justice or with a view of charity. And I produce as above.

12. Item, that the said Rychard Pell, hathe uttered dyvers sclanderous woordes agaynst the said Suzan Etheryck & concernynge the said John Clerk, for which the said Suzan hathe entered a cause of dyffamacion agaynst the said Rychard Pell, And I produce as above

13. Item, that all and singular aforementioned things were and are true, public, notorious equally evident and famous. And concerning and upon the same, there circulated, and in the present circulates, a public voice and fame. And so I, the aforesaid proctor, seek the aforesaid disclosure, made and exhibited as above, to be rejected as false, and right and justice to be administered by my lord with effect, and, my lord, by further observation of investigation, to be dismissed. And I offer myself promptly and ready for the proving of the aforementioned things.
   And I am protesting that I do not report these exceptions by reason of slandering the aforesaid parts, or some of them, but I have only defended wrongdoing by a cause introduced before my lord.

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