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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

Return to entry number and folio number introduction

Entry 28 f.61 verso - Depositions, 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
IX Nov 1577
Sup[er] libello ex parte Iohan[n]es Byrche
c[ontra] Edwardu[m] Pyper

Ioha[n]nes Tayler curatus eccl[es]ie parroch[ial]is de Aythorn
com[itatus] Kanc[ium] cl[er]icus ubi mora[m] fecit p[er] ii annos vel eo circit[er]
et antea in littleborn com[itatus] pred[icti] p[er] vi annos et antea in
Cantuar[iensi] p[er] xii annos oriund[us] in Stoke Bayland
com[itatus] Suss[exie] etate xlvii annos lib[er]e con[d]ic[i]o[n]is testis
p[re]d[ictis] admissis Iurat[us] et examinatus sup[er] libello pred[icto]
de ponit vt sequitur,

Ad primu[m] refert se ad Iura,

Ad ii this deponent saith that on palme Sonday being
the last day of Marche anno do[mi]ni 1577 vltimo p[re]terit[o]
the day and tyme otherwise he saith he dothe not now
remember, it chaunced that as this deponent saith
Byrches wife acknowledged her fault openly in
Aythorn church for that she had offended agenst one
Tosyes wife, whome openly in the congregac[i]on
in the mornyng prayer tyme she desyred her to
forgeve her At w[hi]ch tyme Edward Pyper artic[u]ate
was p[re]sent and said openly in the meane tyme of
the said reconcilme[n]t in open congregac[i]on to the said
Toys Tosyes wife aforsaid Thes or the like word[es]
in effect following. Vid[elicet] The doest thow
Imiend[o] uxore[m] d[i]c[t]a Byrche aske her forgevenes
Imiend[o] uxore[m] Tosyes She had more nede to
aske you forgevenes, for thoue Imiendo uxore[m]
Byrche, hast said nothing agenst Tosyes wife
but that I will iustify to be true w[i]th other
words w[hi]ch this deponent remembreth not. And
in the afternoone of the day p[re]deposed after
evening prayer was ended this deponent saith
that the said Edward Pyper artic[u]lat[e] came to me

f.61 recto
to this deponents house scituat in Aythorne p[ar]ishe
called the p[ar]sonage, And he the said piper being
come into the haull where this deponent and
Roger Dukdale were settinge by the fyer together
reanewed his form[er] talke presently w[hi]ch before he
had uttred in the churche as is p[re]deposed. And added
further and said thes words to this deponent or
the like in effect following vid[elicet] That Tosyes
wife is an Arrand whore yea and Iohn Byrches
whore, and that I will be able to prove with
suffycient wytnesses two or thre that might
have taken them doing the dede together carnally
dealing in Maymedge Wood w[i]th more fylthy
speaches then this deponent for honesty sake
think good to depose. The premisses being
spoken by the said Pyper w[i]th an malicyous mynd
agenst the said Byrche as it seamed to the
deponent because he vttred them so veheme[n]tly
and in a rage being spoken and vttred as is
p[re]deposed in the p[re]sence and hearing of this deponent
and of Roger Dukdale the tyme and place
aforesaid. Al[ite]r nes[c]it depon[er]e.

Ad iii this deponent saith that by reason of
the p[re]misses so vttred some p[er]sons thunk wors
of the said Byrche then they did before, because
it is so brated abrod by the said Pyper. Al[ite]r
nes[c]it sed refert se ad Iura.

f 62 verso
Ad iiii this deponent saithe that on anoth[er]
day hap[en]ning some what before harvest tyme
last past befor this his exa[m]inac[i]on toward[es] night
the said night Pyper overtooke this deponent and Thomas
harnett in a feld in Aythorn p[ar]ishe. At w[hi]ch tyme
and place also this deponent saith that the
said pyper fell into his wanted talke and said
that the said Tosyes wife was Byrches whore
and an arrand whore or the like in effect w[i]th oth[er]
more ill speaches w[hi]ch this deponent doth not
remember as he saith. The premisses beang
spoken in the hearang & p[re]sence of this depone[n]t
and of Thomas harnett and one Ric[hard] hennekar
w[hi]ch ca[use] w[i]th the said Pyper. Al[ite]r nes[c]it

Ad v. dicit that the said Edward Pyper
is nowe dwelling in Oxny p[ar]ishe by dovor
Al[ite]r dicit et veru[m]

Ad Vlt[imum] dicit p[re]depo[s]itu[m] p[er] eu[m] fuisse et de
vera ex cert[a] scien[tia] visis et auditu suis fama[m]q[ue]
publica[m] de sup[er] eisd[em] laborat.
IX Nov 1577
Rogerus Dukdale parrochie de Aythorn com[itatus]
Kanc[ium] husbandman vbi mora[m] fecit p[er] ii annos
et antea et antea in Lydden com[itatus] pred[icti] p[er] xiii annos oriund[us]
in p[ar]ochia de gastang in com[itatus] lancastre
annos lib[er]e con[d]ic[i]o[n]is testis pred[ictis] deponit vt sequitur

f.62 recto
Ad primu[m] refert se ad Iura.

Ad ii this deponent saith that on Palme Sonday
last past befor this his exa[m]inac[i]on the day he saith
he remembreth not well for in the same day in Aythorn
churche in the open congregac[i]on in the morning prayer
tyme ther as he saith Iohn Byrches wife asked
Tosyes wife forgevenes for her mysdemeanor toward
her. And in the doing therof this deponent saith
that Edward Pyper artic[u]lat[e] stood vp openly and took
the part of the said Byrches wife and said to her as
followeth Wyll you ask her meaning Tosyes Wife
forgevenes, She had more cause to aske you
forgevenes or the like in effect and said that
he wold iustify w[hi]ch she the said Byrches wife
had spoken agenst Tosyes wife or the like in
effect Then in the afternoone of the same day
aft[er] evening prayer was done this deponent
was in the haull of the p[ar]sonage house of
Aythorn and was in some conference w[i]th the
Curat[e] Mr Tayler. And as they were togeth[er]
cam Edward Pyper artic[u]lat[e] as this deponent saith
being ther also p[re]sent w[i]th them. Whome Mr
Tayler p[er]swaded to be quiet and content and
deswaded hym from his outragious speaches. Then
the said Pyper said thes or the like word[es] in effect
following to the said Mr Tayler vi[delicet] Toosyes
wife is an arrant whore and she is Iohn Byrches
whore and that will I prove by two or thre
substantiall wytnesses who could have

f.63 verso
taken them the said Byrche and Tosyes wife
in Malmedge wood with the maner or the like
in effect. The p[re]misses being spoken by the said
Pyper in an outragious man[ner] as seamed to this
this deponent being vttered and spoken as is
p[re]deposed in the p[re]sence and hearing of this deponent
and of Mr Tayler aforsaid the tyme and place
aforsaid.

Ad iii this deponent saith that by the comon
fame of the p[re]misses p[re]deposed so vttered agenst
the said Byrche by the said Pyper, the fame
and name and good estimac[i]on of the said Byrche
is impared among his honest neighbours especialy
of some dwelling in Waldershere Colred No[n]ington
and other p[ar]ishes ther about. Al[ite]r nesit sed
refert se ad Iur[a].

Ad iiii nesatt saving he pryvatly he saith [tha]t
the said Pyper hath resyted the like word[es] p[re]deposed
to this deponent. Al[ite]r nes[c]it.

Ad v dicit that Pyper is now in Oxny ner
to Westlangdon. al[ite]r nes[c]it.

Ad vi dicit p[re]depo[s]itu[m] p[er] eu[m] fuisse et de vera
ex c[er]ta scien[tia] visis et auditu suis famamq[ue] publica[m]
de sup[er] eisd[em] laborant.

Translation
IX Nov 1577
Upon the libel from the part of John Byrche against Edward Pyper.

John Taylor, curate of the parish church of Eythorne of the county of Kent, clerk where he was made for two years or there about and before in Littlebourne, of the aforesaid county, for six years, and before in Canterbury for twelve years, coming from Stoke Bayland of the county of Sussex, age forty seven years, admitted freely of condition of the witness aforesaid. Judged and examined upon the aforesaid libel, concerning which he produces as following.

To the first, he is returning it to the law.

To the second, this deponent saith that on palme Sonday being the last day of Marche in the year of the lord 1577 now past, the day and tyme otherwise he saith he dothe not now remember, it chaunced that as this deponent saith Byrches wife acknowledged her fault openly in Eythorne church for that she had offended agenst one Tosyes wife, whome openly in the congregacion in the mornyng prayer tyme she desyred her to forgeve her. At which tyme Edward Pyper articled was present and said openly in the meane tyme of the said reconcilment in open congregacion to the said Tosyes wife aforsaid Thes or the like wordes in effect following. Namely ‘doest thow by addressing the wife of the said Byrche aske her forgevenes by addressing Tosyes wife She had more nede to aske you forgevenes, for thoue by addressing the wife of Byrche, hast said nothing agenst Tosyes wife but that I will iustif to be true’ with other words which this deponent remembreth not. And in the afternoone of the day predeposed after evening prayer was ended this deponent saith that the said Edward Pyper articled came to me to this deponents house scituat in Eythorne parishe called the parsonage. And he the said Piper being come unto the haull where this deponent and Roger Dukdale were settinge by the fyer together reanewed his former talke presently which before he had uttered in the churche as is predeposed. And added further and said thes words to this deponent or the like in effect following, namely, ‘That Tosyes wife is an Arrand whore yea and Iohn Byrhces whore, and that I will be able to prove with suffycient wytneses two or thre that might have taken them doing the dede together carnally dealing in Maymedge Wood’ with more fylthy speaches then this deponent for honesty sake think good to depose. The premisses being spoken by the said Pyper with an malicyous mynd agenst the said Byrche as it seamed to the deponent because he vtterd them so vehemently and in a rage being spoken and vttred as is predeposed in the presence and hearing of this deponent and of Roger Dukdale the tyme and place aforesaid. Otherwise he does not know to depose.

To the third this deponent saith that by reason of the premisses so vttred some persons thunk wors of the said Byrche then they did before, because it is so brated abrod by the said Pyper. Otherwise he does not know but refers himself to the law.

To the fourth this deponent saithe that on another day happening some what before harvest tyme last past befor this his examinacion towardes night the said Pyper oovertooke this deponent and Thomas Harnett in a feld in Eythorne parishe. At which tyme and place also this deponent saith that the said Pyper fell into his wanted talke and said that the said Tosyes wife was Byrches whore and an arrand whore or th like in effect with other more ill speaches which this deponent doth not remember as he saith. The premisses beang spoken in the hearang & presence of this deponent and of Thomas Harnett and one Richard Hennekar which cause with the said Pyper. Otherwise he does not know.

To the fifth he says that the said Edward Pyper is nowe dwelling in Oxney parishe by Dover. Otherwise he speaks the truth.

To the last he says the predeposed by him to have been and be true and from a certain knowledge seen and heard by him, and that a public fame concerning the same does circulate.

IX Nov 1577
Roger Dukdale of the parish of Eythorne of the county of Kent, husbandman, where he has made for two years and before in Lydden of the aforesaid county for twelve years, coming from the parish of Garstang of the county of Lancaster aged forty four years, he deposes freely of the condition of witness, as follows.

To the first he refers himself to the law.

To the second this deponent saith that on Palme Sonday last past befor this his examinacion the day he saith he remembreth well for in the same day in Eythorne churche in the open congregacion in the morning prayer tyme ther as he saith Iohn Byrches wife asked Tosyes wife forgevenes for her mysdemeanor toward her. And in the doing therof this deponent saith that Edward Pyper articled stood vp openly and took the part of the said Byrches wife and said to her as followeth ‘Wyll you ask her, meaning Tosyes Wife, forgevenes, She had more cause to aske you forgevenes’ or the like in effect and said that he wold iustify which she the said Byrches wife had spoken agenst Tosyes wife or the like in effect. Then in the afternoone of the same day after evening prayer was done this deponent was in the haull of the parsonage house of Eythorne and was in some conference with the Curate Mr Tayler. And as they were together cam Edward Pyper articled as this deponent saith being ther also present with them. Whome Mr Tayler perswaded to be quiet and content and deswaded hym from his outragious speaches. Then the said Pyper said thes or the like wordes in effect following to the said Mr Tayler, namely, ‘Toosyes wife is an arrant whore and she is Iohn Byrches whore and that I will prove by two or thre substantiall wytnesses who could have taken them the said Byrche and Tosyes wife in Malmedge wood’ with the maner or the like in effect. The premisses being spoken by the said Pyper in an outragious manner as seamed to this deponent being vttred and spoken as is predeposed in the presence and hearing of this deponent and of Mr Tayler aforsaid the tyme and place aforsaid.

To the third, this deponent saith that by the comon fame of the premisses predeposed so vttered agenst the said Byrche by the said Pyper, the fame and name and good estimacion of the said Byrche is impared among his honest neighbours especialy of some dwelling in Waldershare, Coldred, Nonington and other parishes ther about. Otherwise he does not know but refers himself to the law.

To the fourth he does not know saving pryvatly he saith that the said Pyper hath resyted the like wordes predeposed to this deponent. Otherwise he does not know.

To the fifth he says that Pyper is now in Oxney ner to West Langdon. Otherwise he does not know.

To the sixth he says the predeposed by him to have been and be true and from a certain knowledge seen and heard by him, and a public fame concerning the same does circulate.

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