Example of cause papers in a typical defamation case
In this page, the progress of a defamation cause from 1611 is followed. The cause was brought by Anne Selbye against Margery Sambach of the parish of St Peter, Nottingham.
For each of the four documents in the bundle, important words and phrases are highlighted. This is a fairly typical defamation cause, in which the plaintiff (Anne Selbye) is complaining that the defendant (Margery Sambach) has made allegations of sexual misbehaviour against her.
Libel (AN/LB 222/1/1/1)
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Heading paragraph
This is an introduction to the cause, in Latin, giving the name of the person hearing the cause, and the names of both parties. The important parts of the paragraph can be translated as follows:
(Translation:) In the name of God, Amen … In front of John Savage, clerk, M.A., Commissary for spiritual and ecclesiastical jurisdiction during the Ordinary Visitation of the Most Reverend in Christ, Father Toby, Archbishop of York … [the proctor] on the part of the honest and discreet woman Anne Selbye, against Margerie Sambach of the parish of St Peter in Nottingham … does say allege and in Law propound articulately as follows…'
First article
This gives a clue to the kind of cause we are dealing with:
'convitia vituperia verbave scandalose opprobriosa contumeliosa injuriosa et diffamatoria' .
Second article
This article explains that Anne Selbye was and is a woman of honest life and conversation, and has never been implicated in any crime or notoriety with the exception of what is detailed here.
Third article
Here, we are told the accusation against Anne Selbye, which was that she had engaged in sexual misbehaviour with John Sambach in Mr Greaves' beer cellar, and that he had caught something which made him go to see the surgeon.
The article states that in one of the months of January, February or March of the previous year 1610 [1611 in modern dating], within the parish of St Peter in Nottingham, in front of many witnesses, Margerie spoke these scandalous, abusive, opprobrious, injurious, reviling and defamatory words:
'My husband (John Sambach)… and goodwyfe Selbye were alone togither in Mr Greaues his sellar (speaking of his beare-sellar) and the dore locked unto them, and his hose were downe, and her cloathes wer up, & hee betweene her leggs, and then he gott that of her, or of the wall, that made him goe to Mr Langford the Chirurgian.'
Fourth and fifth articles
In these articles the allegation that Margerie said these words in front of witnesses before this cause commenced is repeated; there is also a comment on the damage the fame is doing to Anne's reputation.
Sixth article
This article states that Margerie was and is of the parish of St Peter in Nottingham, and therefore comes under the jurisdiction of the court.
Seventh article
This article states that all of the above is true, and that there is a public voice and fame in the parish of St Peter and in the surrounding neighbourhoods.
Concluding paragraph
This is an appeal by Anne's proctor to the court, asking for Margerie to be punished and for her to bear the costs of the cause.
Depositions (AN/LB 222/1/1/2)
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The depositions by Thomas HeathCoate of Nottingham, cordwainer, 22 Apr. 1611, and Francis Shawe of Nottingham, blacksmith, 25 May 1611, are witness statements, answering the details in the libel, in the same order as the paragraphs in the libel.
First witness
Examination taken in front of Master John Savage, clerk, M.A., Commissary etc., in the presence of me, John Tibberd, notary public, Deputy Registrar, on 22 April 1611. [the depositions are in Tibberd's handwriting].
By Thomas HeathCoate of the town of Nottingham in the county of Nottinghamshire, 'cordyner' [cordwainer], aged around 30 years, who makes his mark.
To the first article:
(transcription) 'he this deponent did never knowe or heere anye thinge to the contrarie before the beginninge of this suite but that the ar[ticu]lat[e] Anne Selbie was and is an honest woman and so commonlie reputed and taken within the parishe of Sancte Maries in Nott.'
To the third article:
(transcription) 'uppon the Mundaye seavennighte before Easter daye laste paste, as he this deponent remembreth, he this deponent beinge in the nowe dwellinge house of George Carret in the parishe of Sancte Peter in Nottingham did heere the ar[ticu]lat[e] Margerie Sambach, standing in the same house, saye speakinge to Franc[es] Shawe this deponents conteste these words vid[elicet]: My husbande and goodwyfe Selbye, meaning the ar[ticu]lat[e] John Sambache and Anne Selbie ar[ticu]lat[e], weere alone togeather in Mr Greaves his seller (speaking of his beare seller) and the doore locked unto them, and his hose weere downe, and her clothes up, & hee gotte that of her, or of the wall, that made him goe to Mr Langford the Chirurgian ar[ticu]lat[e], and there weere then p[re]sent in the same house Frannc[es] Shawe and others of the same house vid[elicet] George Carret and his wyfe and the reste of his housholde.'
To the fourth article:
(transcription) 'the ar[ticu]lat[e] Margerie confessed the words before by this deponent deposed of in the next p[re]cedent article in the p[re]sence and heeringe of this deponent and his conteste Frannc[es] Shawe once since Easter laste in George Carrets house but the tyme certeine when he doth not remember.'
To the fifth article:
(transcription) 'he this deponent dothe verilie thincke and in his conscience beleeve that by meanes of the speakinge of the wordes before by this deponent deposed of in the third article of the libell the good fame and name of the ar[ticu]lat[e] Anne is greatelie hurte.'
Second witness
Examination [taken in front of Master John Savage, clerk, M.A., Commissary etc., in the presence of me, John Tibberd, notary public, Deputy Registrar, as above], on 25 May 1611.
By Francis Shawe of the town of Nottingham in the county of Nottinghamshire, blacksmith, aged 25 years, who makes his mark.
This is a very similar deposition to the first one, with the following additional or differing information:
To the third article:
The words were spoken on the Monday fortnight or three weeks before Easter.
Margerie Sambach said the words 'standinge in her fathers house' [therefore, her father was George Carret].
To the fourth article:
Margerie confessed that had spoken the words, on 'Saturday laste was seavennighte.'
Sentence (AN/LB 222/1/1/3)
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This is the document which wrapped up the cause, in which the Official gave his judgement. It is entirely in Latin.
It begins, 'In dei nomine Amen. Auditis visis intellectis ac plenarie discussis per nos Michaelem Purifie M.A….meritis circumstantijs cuisd[em] cause diffamationis sive convitij…'
(translation) 'In the name of God Amen. The merits and circumstances of a certain cause of defamation or insult having been heard, seen, understood and fully discussed by Us, Michael Purefey [the Official, or judge of the court]… '
The sentence goes on to explain at length how the decision about the cause was reached, and repeats the defamatory words allegedly spoken by Margerie. The judge considered that it had been proven that Margerie spoke the defamatory words.
At the bottom of the first page, the words can be translated as:
'We do pronounce, decree and declare that the said Margerie, for such rashness or excess on her part, be ecclesiastically corrected and punished.'
The exact punishment is not stated, but the usual punishment for defamation was to perform a penance, in which the guilty party had to apologise in public and take back the offending words.
The judge goes on to decree that Margerie should 'be condemned in the lawful costs of the suit' on the part of Anne - that is, to pay the costs run up by Anne's proctor.
The words 's[ente]nciam diffinitiva[m] sive hoc n[ost]r[u]m finale decretu[m]' mean, 'our definitive sentence or final decree'.
At the very end of the document is a note that the sentence was read and promulgated in St Peter's parish church in Nottingham on 8 June 1611. It is signed by Michael Purefey.
Bill of costs (AN/LB 222/1/1/4)
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The document is entitled 'Expenses facta ex parte et per partem Anne Selbye con[tra] Margeria[m] Sambach'.
(translation) 'The expenses run up by Selby in prosecuting the cause'.
The first costs were charged on 6 April. They include fees for the proctor, for the first citation and for its execution, for writing out an Act of court, for writing three copies of the libel, for admitting the libel into court, for admitting the proctors, and for examining two witnesses.
The bill of costs tells us things about the progression of the cause that we would not know from the surviving documents. The libel itself is undated; but the bill of costs tells us that it was drawn up in time for the court session on 6 April 1611.
On 22 April, the witness Francis Shaw was called to testify, but did not appear ['contumacem reputat'].
On 25 May, time was given to 'propound and conclude' - that is, for the judge to weigh up all the evidence and make a decision.
The sentence was written out on 8 June.
On 4 July, a schedule of penance was produced ['schedula peniten.']
Finally, on 27 July, the cause was wrapped up with one final Act of Court, more fees for the proctors, and the drawing up of the bill of costs. The total charge was 49 shillings and 7 pence, taxed to 49 shillings. In the Sentence, the tax had been reserved to the judge.
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