In this defamation case, a quarrel between a parish priest and one of his parishioners appears to have become heated. James Ely, the parishioner, sued the priest Sir[1] William Kirkham for publicly insulting him multiple times, including from the pulpit during Sunday mass. According to testimony from Ely’s witnesses, there were different versions of their exchanges and multiple occasions on which they traded elaborate insults. Ely’s own behaviour was hardly exemplary: he was said by his own witnesses to have leaned on an altar dedicated to St Katherine in the nave of the church (where the congregation stood or sat during the service) and to have openly mocked the priest. Kirkham challenged Ely’s witnesses not by countering the details of the allegations but by challenging the overall veracity of the witnesses: they must have been lying, Kirkham’s deponents said, because they included as one of those present at these exchanges a man who they knew certainly to be somewhere else entirely, participating in a fraternity feast at another parish three miles away. Along the way, we learn some interesting details about religious life: on the one hand, parish relations that had degenerated significantly and, on the other, the convivial life of a religious fraternity dedicated to St. Ann in High Easter parish church.
LMA, MS DL/C/A/001/MS09065, fols. 216v-219r
Testimony of Thomas Saveryng, Witness for plaintiff, 21 Nov. 1494
21 November by Master Sancte, commissary of the Official, in Master Richard Spencer’s house, in my, Richard Grome’s, presence
On behalf of James Ely c. Sir William Kirkham
Thomas Saveryng of Beauchamp Roding [Essex], London diocese, where he has lived for twenty years and more, illiterate, of free condition, fifty years old as he says. Sworn as a witness etc. on the libel etc., he says that he has known James Ely for ten years and Sir William Kirkham for seven years. To the first, second, third, and fourth articles, he says that its contents are true. To the fifth article, he says that on the day following the feast of St. Ann [27 Jul. 1494] last past, this witness was present in the parish church of Beauchamp Roding[2] together with John Kyng, John Nevell, John Aleme, and other parishioners of the church, when and where Sir William, about to go celebrate mass, wearing his priestly vestments, looked back and said to James Ely the following words in English or others similar in effect, “Void out of my chancel, thou unthrift, and go sit with the sows.” And afterwards the same James left the chancel and stood leaning against a certain altar of St. Katherine in the nave of the church, until Sir William came to the pulpit of the church in order to preach the word of God to the parishioners. Among other things in his preaching he said about James there present in English, “Lo sirs, take no heed of that cursed[3] man that leaneth on that altar; there should no such come to the altar.” And then James answered him, “Find ye that in the gospel of this day?” And then Sir William responded, “Go look thou in the book.” And otherwise he knows nothing to depose. To the sixth article, he says that he knows nothing to depose concerning its contents. To the seventh article, he says what he said above in the fifth article, and he did not hear any other words that now come to this witness’s mind. To the eighth article, he says that he knows nothing to depose concerning its contents. To the ninth article, he says that what he said above is true, and that public voice and fame circulated and circulate about them in the parish of Beauchamp Roding and in other neighbouring parishes.
Testimony of Thomas Burre, Witness for plaintiff, 21 Nov. 1494
Thomas Burre, husbandman of the parish of Beauchamp Roding, where he has lived for twenty [years], illiterate, of free condition, forty years old, as he says. Sworn as a witness etc., he says that he has known James Ely for seven years and Sir William Kirkham for six or seven years. To the first, second, third, and fourth articles, he says that their contents are true. To the fifth article, he says that on a certain Sunday falling after the feast of St. James [27 Jul. 1494] last past, as he recalls, this witness was present in the parish church of Beauchamp Roding together with Thomas Saveryng, Gilbert Church, Andrew Fynch, the said Sir William, and James Ely, and the other parishioners of the said church. There and then Sir William and James quarreled with one another, and among other things this witness heard Sir William calling James these words in English, “Thou art an untrue man, and false and untrue vows[4] thou taketh.” And James responded to Sir William, “Thou art a false priest.” And other opprobrious words were spoken between them, which this witness deposes from his own sight and hearing. To the sixth article, he says that he knows nothing to depose concerning its contents. To the seventh article, he says that on the Sunday following the aforesaid feast of St. James, the said Sir William publicly in the pulpit of the church before the parishioners of the church, while he was preaching the gospel of God, said to James, who was leaning on a certain altar situated in the church next to the pulpit, saying to him in English, “I curse thee and all such other that presume themselves to lean of the altar.” And then James responded, “Remember you, Master Parson, is this the Gospel of the day?” And the rector responded, “Go thou, rise and look.” And otherwise he knows nothing to depose. To the eighth article, he says that he knows nothing to depose concerning its contents. To the ninth article, he says that what he said above is true, and that public voice and fame circulated and circulate in the parish about it. To the first interrogatory, he says as he said above. And he does not care about the victory as long as justice is done. To the second and third interrogatories, he says as he said above. To the fourth interrogatory, he responds negatively to all its contents.
Testimony of Andrew Fynch, Witness for plaintiff, 21 Nov. 1494
Andrew Fynch, husbandman of the parish of Beauchamp Roding aforesaid, where he has lived for ten years, literate, of free condition, forty years old, as he says. Sworn as a witness etc., he says that he has known James Ely for seven years and Sir William Kirkham as long as he has been rector of the church of Beauchamp Roding. To the first, second, third, and fourth articles, he says that their contents are true. To the fifth article, he agrees with the first witness examined above. To the sixth article, he says that he knows nothing to depose concerning its contents. To the seventh article, he says as he said above to the fifth article. To the eighth article, he says that he knows nothing to depose concerning its contents. To the ninth article, he says that what he said above is true and that public voice and fame circulated and circulate concerning it in the parish. To the first interrogatory, he says as he said above. And he does not care about the victory as long as justice is done. To the second and third interrogatory, he says as he said above. To the fourth interrogatory, he responds negatively. Questioned about the articles, that is on the first and second, he says as he said above, and he denies the third article. To the fourth article, he says that he heard James saying to Sir William in English, “I defy thee, lewd priest, and such as thou art.”
Testimony of Thomas Gibbes, Witness for plaintiff, 21 Nov. 1494
Thomas Gibbes of the parish of Beauchamp Roding aforesaid, where he has lived for seven years, literate, of free condition, thirty years old, as he says. Sworn as a witness etc., he says that he has known James Ely for six and Sir William Kirkham from the time that he became rector there. To the first, second, third, and fourth articles, he says that their contents are true. To the fifth and sixth articles, he says that on Ash Wednesday a year ago as he recalls [20 Feb. 1493], this witness was present in the church of Beauchamp Roding, together with Sir William, James Ely, and another man whose name does not now come to mind. Then and there Sir William and James quarreled between them and amongst the things that Sir William said, he said to James in English, “Avoid out of my church, and walk among thy fellows.” And he said, “What fellows have I, and what know you what fellows I have?” And Sir William said, “A retinue of false harlots and thieves, as for some of them be had forth to Colchester,[5] and so shall thou betimes, for I have seen as true a face look through a halter [noose] ere this time.” This witness deposes these things from his own sight and hearing. To the eighth article, he says that on Sunday following the feast of St. Ann [27 Jul. 1494], this witness was present in the said church of Beauchamp Roding with the parishioners at the time of divine service, when and where Sir William publicly in the pulpit of the church preached the word to the parishioners, and among the other things in his preaching he said to the parishioners these words in English, “Beware ye all my parishioners, that ye neither eat nor drink with the said James, for he is accursed, and beware of such holy men.” And then James responded, “Master Parson, is that the gospel of this day?” And he responded, “Go look of the book and there thou shall find it.” To the ninth article, he says that he knows nothing to depose. To the tenth article, he says that what he said above is true, and that public voice and fame circulated and circulate in the parish of Beauchamp Roding. To the first interrogatory, he says as he said above, and he does not care about the victory as long as justice is done. To the second and third interrogatories, he says as he said above. To the fourth interrogatory, he says that he is a relative of James, and to its other contents he responds negatively.
Testimony of Robert Stane, Witness for plaintiff, 21 Nov. 1494
Robert Stane, husbandman[6] of Beauchamp Roding aforesaid, where he has lived for eighteen years, illiterate, of free condition, forty years old as he says. Sworn as a witness etc., he says that he has known James Ely for eight years and Sir William Kirkham for five years. To the first, second, third, and fourth articles, he says that their contents are true. To the fifth and sixth articles, he agrees with the first witness examined above, that Sir William stood in the pulpit preaching the holy gospel of God, and said to his parishioners in English, “Lo, parishioners, take heed at such presumptuous fellows as he was, for I might suspend the altar if I would.” And James responded to him, “Is this the gospel of the day?” And he said, “Go look of the book if thou will.” To the seventh article, he says as he said above, and otherwise he knows nothing to depose. To the eighth article, he says that he knows nothing to depose concerning its contents. To the ninth article, he says that what he said above is true, and that public voice and fame circulated and circulate concerning it in the parish of Beauchamp Roding. To the first interrogatory, he says as he said above, and he does not care about the victory as long as justice is done. To the second and third interrogatories, he says as he said above. To the fourth interrogatory, he responds negatively to all its contents. To the articles, he says that James said to Sir William in English, “I defy thee, churlish priest as thou art, and all other as thou art.”
Testimony of Sir Philip Carlehill, Witness for defendant, 15 May 1495
On behalf of Kirkham[7] c. Ely on the exceptions, etc.
15 May [14]95, by the lord Official, in the church of St. Paul, in my, Richard Crome’s, presence
Sir Philip Carlehill, curate[8] of the parish church of High Easter [Essex], London diocese, where he has lived for five years, literate, of free condition, thirty years old and more, as he says. Sworn as a witness, etc., he says that he has known Sir William Kirkham for two years and more, James Ely for a year, Thomas Burre for two or three years, and he does not know Thomas Saveryng, Andrew Fynch, Thomas Gibbes, and Robert Stane. To the first part of the exceptions, he says as he will say below. To the second part, he says that Thomas Saveryng and Andrew Fynch were and are false men and perjurers in their depositions and so on, and this he knows because John Aleme was present in the parish church of High Easter, in which parish he serves as curate, on the day following the feast of St. Ann last past [27 Jul. 1494], together with the other parishioners hearing divine services, both at the time of matins and at mass and vespers, and this he knows because the said John breakfasted in the said parish of High Easter together with this witness and other brothers holding a celebration of the gild of St. Ann. And otherwise he knows nothing to depose concerning its contents. To the third part, he says that what he said above is true, and that public voice and fame circulated and circulate concerning it in the parish of Beauchamp Roding. To the first interrogatory, he says as he said above. To the second interrogatory, he says that he does not care who has victory as long as justice is done. And he responds negatively to its other contents.
Testimony of John Aleme, Witness for defendant, 15 May 1495
John Aleme of the parish of High Easter, where he has lived for seven years, illiterate, of free condition, sixty years old and more, as he says. Sworn as a witness, etc., he says that he had known Sir William Kirkham for eight years, James Ely he does not know, Thomas Saveryng from the time of his boyhood, Thomas Burre for seven years, Andrew Fynch for the same time, Thomas Gibbes for three years, and Robert Stane he does not know. To the first part of the exceptions, he says as he will say below. To the second part of the exceptions, he says that on the day following the feast of St. Ann last past [27 Jul. 1494], this witness was present in the parish church of High Easter at the time of matins and mass, together with other parishioners there to hear divine service, and on that same day was held a certain gild [celebration] of St. Ann within the said parish. At the behest of this witness and other brothers of the said gild, John Aleme, this witness’s natural[9] son, came and heard matins and mass at the said church, and after mass was done he breakfasted with this witness and the other brothers of the confraternity of St. Ann. And after noon, he heard vespers in this church and dined, and thus it would be impossible for John to be present in the church of Beauchamp Roding at the time of matins and mass where those words were spoken, because the two parishes are three miles apart. And otherwise he knows nothing to depose. To the third part, he says that what he said above is true and that public voice and fame circulated and circulate in the parish of Beauchamp Roding. To the first interrogatory, he says as he said above. To the second interrogatory, he says that he does not care about the victory as long as justice is done. And he responds negatively to its other contents.
Testimony of John Claryvaunce, Witness for defendant, 15 May 1495
LMA, MS DL/C/A/001/MS09065, fol. 236v
John Claryvaunce of the parish of High Easter, London diocese, where he has lived for six years, literate, of free condition, thirty-eight years old, as he says. Sworn as a witness etc., he says that he has known Sir William Kirkham for three years, James Ely he does not know, and he does not know Thomas Saveryng and the other witnesses named in the exceptions. To the first part, he says as he will say below. To the second part, he says that on Sunday following the last feast of St. Ann [27 Jul. 1494], this witness was present in the parish church of High Easter together with the other parishioners of the parish at the time of matins and mass, on which day a gild [celebration] was held in honour of St. Ann. There and then he saw the said John Aleme at the time of matins and there in the choir of the church he sang with this witness and other clerks, and after the matins he was present at the time of the mass, and after mass he breakfasted with this witness and the other brothers of the confraternity, and after noon the said John was present in the choir of the church at the time of vespers. And he says that it would be impossible for him to be present at the church of Beauchamp Roding at the time of the speaking of those words because one parish is three miles and more distant from the other. And otherwise he knows nothing to depose. To the third part, he says that what he said above is true and that public voice and fame circulated and circulates about it in the parish of Beauchamp Roding. To the first interrogatory, he says as he said above. To the second interrogatory, he says that he does not care about the victory as long as justice is done. He responds negatively to its other contents.
[1] “Sir” was the honorific given to priests as well as knights, similar to “Father” or “Reverend” to priests or ministers today.
[2] See here for a floorplan of Beauchamp Roding church.
[3] “Cursed” in this context means excommunicated, that is, that Ely had been officially excluded from the communion of the Church because of their offences; in late medieval England they were not to enter a church nor to receive sacraments.
[4] This is a conjectural translation for “veys”; neither the OED nor the MED give this as a form of “vow.” The OED suggests that “vey” was a verb meaning to inspect or examine (as in “survey”), but this does not seem to make sense in the context.
[5] Colchester was the county seat of Essex, where accused felons would be put to trial; this is an insinuation that Ely kept company with criminals.
[6] The manuscript has colonus, which could also be translated as villein or serf; given that Stane claims also to be of “free condition,” the translation “husbandman” seems more appropriate.
[7] The MS has “Kirkeby” rather than Kirkham, a clerical error.
[8] A curate was a priest who had the “cure of souls” (responsibility for the parishioners) but who did not hold the benefice or living of the parish (that is, was salaried rather than receiving the income from the parish tithes).
[9] A “natural” child or son was what we would call a biological child, as opposed to a stepson or adopted child; it did not in this period indicate illegitimacy.
Consistory 