Testimony in this case gives us fascinating insights into women’s employment conditions and the arrangement of marriage in rural Essex. Henry Kyrkeby’s witnesses claimed that Eleanor Roberts, a servant, agreed to marry him after meeting him once, exchanging binding vows of marriage with him at the four elms at the Hornchurch crossroads. Kyrkeby’s witnesses didn’t explain why following those vows of marriage he failed to follow through, apparently not even contacting Roberts for months afterwards; Henry Kyrkeby’s lack of direct involvement in the arrangement of this marriage suggests an unexplained problem of some kind. Roberts’s witnesses offered an alternative story, giving her an alibi for the day on which the marriage contract was supposed to have been made. This meant that the contract she had subsequently made with another man, John Baker, would stand. It’s possible that Roberts’s friends rallied around her with a bit of perjury to get her out of a sticky situation when Kyrkeby seems to have disappeared. Both sets of witnesses offer a good deal of detail about Eleanor Roberts’s work conditions and her move from one employment contract to another, rich evidence for women’s rural labour in late fifteenth-century Essex. L. R. Poos wrote about this case to discuss those very themes in his book A Rural Society After the Black Death (Cambridge University Press, 1991), 181, 195, 203..
LMA, MS DL/C/A/001/MS09065 61r, 62v-63v, 67r-69r
Testimony of John at Wode, 22 Oct. 1489
On behalf of Henry Kyrkeby c. Eleanor Roberts
22 Oct. by Master Shenkwyn commissary, in my, Richard Spencer’s, house and presence
John at Wode of East Ham [Essex], London diocese, where he has lived from the time of his birth and where he was born, illiterate, of free condition, forty years old or thereabouts. Inducted as a witness etc., he says that he has known Henry Kyrkeby for three years, and Eleanor Roberts for twelve years and more. To the first and second articles of the libel, he says that before the feast of the Circumcision of the Lord [1 Jan.] a year ago, John Kyrkeby, Henry’s brother, spoke to this witness asking him to [……] any good marriage could be had for Henry his brother and this witness told him about Eleanor, who was at that time [working in the service of] Thomas Turke of Hornchurch [Essex]. And afterwards on the day after the feast of the Circumcision a year ago this witness and John went to Hornchurch to have a discussion with her. They met her going out to milk the cows, and this witness asked her how she was doing and why she was not better attired, and he advised her to take a husband, and he said that if she would be governed by him this witness would provide her with a good man who could also help her recover her inheritance. She answered by her faith that if he could do that, she would marry whomever this witness wished. And when these things were said, they set a certain day, that is the feast of the Purification [2 Feb.] next following, at which feast she would finish her term of service with Thomas as she said, at which time this witness and Eleanor and another man to be named by this witness would return. When that day came, this witness, Henry Kyrkeby, and John Kyrkeby, and another man whose name he does not know went to a crossroads in the parish of Hornchurch, at the four elms. Leaving Henry, John, and the other man waiting for him there, this witness went alone to the house of Thomas and brought Eleanor back to that place. When they came to it, this witness said to her, “Behold the man to whom I wish to marry you. Can you find it in your heart to love him and take him as your husband?” And she said yes, and then in a similar way he asked Henry, and he said yes. And then, at the instruction of this witness, Henry took Eleanor by her right hand and said to her, “I Henry take thee Eleanor to my wife, and forsake all other for thee, and thereto I plight thee my troth.” And then Eleanor took Henry by the right hand and said to him, “I Eleanor take thee Henry to my husband, and thereto I plight thee my troth.” And they kissed one another. And then Eleanor left for the parish of Corringham [Essex] to the service of a man living there. This witness deposes these things from his own sight and hearing, as he says. To the third article, he says that about a week before the feast of St. Bartholomew [24 Aug.] last past, this witness heard that Eleanor had contracted with another man and because of this he went to her and in Eleanor’s master’s yard at Corringham he asked her whether she had contracted with another man, and she answered no, but that she would like to make permanent the contract she had elsewhere made with Henry. And then this witness said, “If you will be true and wish to stand firmly for this contract, come to me next Sunday to Tilbury [Essex] or to the house of Hervy or to the house of Kynne and there I will bring there your husband.” And afterwards on that day Eleanor came to Tilbury and because at that time Henry could not come this witness did not meet Eleanor there as he had promised, and Eleanor was brought back, as he heard, to her master. To the fourth article, he says the things he said above are true, and that public voice and fame circulated and circulate concerning them in East Ham and other neighbouring places, as he says. To the first interrogatory, he says as he said above. To the second, third, and fourth interrogatories, he says as he said above, and he says that if Henry had come to Tilbury, he would have taken her as his wife to other places and to do this Eleanor had come of her own will, alone, to Tilbury. To the fifth interrogatory, he responds negatively, except that he will have part of his expenses. To the sixth interrogatory, he says as he said above. And he says that the other man was named Baker.
Testimony of William Baker, 22 Oct. 1489
William Baker, tiler, of the parish of St. Benet Paul’s Wharf [London], illiterate, of free condition, thirty years old, as he says. Inducted as a witness etc., he says that he has known Henry Kyrkeby for six years, and Eleanor Roberts he first met and knew on the feast of the Purification of the blessed Mary [2 Feb.] a year ago. To the first and second articles of the libel, he says that on the feast of the Purification of the blessed Mary a year ago, this witness, at the request of John Kyrkeby, went with him and Henry to the four elms about which John at Wode deposed above. When John came he brought with him a young woman, the said Eleanor. There John said to Henry, “here is the woman about whom I spoke to you before.” And then John at Wode said to Eleanor, “here is the man,” indicating Henry, “whom I would want you to have as your husband if you were my daughter. Can you find it in your heart to have him as your husband?” And she said yes. And in a similar manner he asked Henry whether he would have her as his wife, and he said yes. Immediately Henry took Eleanor by the hand and said, “Can you find it in your heart to take me as your husband?” And she said yes. And then immediately Henry said, “And I Henry Kyrkeby take you Eleanor Roberts as my wife.” And Eleanor said, “And I Eleanor Roberts take you Henry as my spouse.” And they clasped hands and kissed, and from there Eleanor left to go to the parish of Corringham. This witness deposes these things from his own sight and hearing, there being present the parties, John at Wode, and John Kyrkeby. To the third and fourth articles of the libel, he says that the things he said above are true, concerning the fame he knows nothing as he says. To the first interrogatory, he says as he said above. To the second, third, and fourth, fifth, and sixth interrogatories, he says as he said above, and to the others he responds negatively.
Testimony of John Kyrkeby, 22 Oct. 1489
John Kyrkeby of the parish of East Ham aforesaid, illiterate, of free condition, forty years old or thereabouts. Inducted as a witness etc., he says that he has known Henry Kyrkeby this witness’s brother for thirty years and more, and Eleanor Roberts for four or five years. To the first and second articles of the libel, he says that as for the communication between John at Wode first at Hornchurch and the setting of the day of the contract, and the words of the contract made between the parties on the feast of the Purification around the hour of ten a.m. at the four elms, he agrees with John at Wode examined above. To the third article, he knows nothing concerning its contents. To the fourth article, he says that the things he deposed above are true and that in East Ham and other neighbouring places public voice and fame circulated and circulate concerning them. To the first interrogatory, he says as he said above. To the second interrogatory, he says that he is Henry’s brother and solicited the matter with the aforesaid John at Wode. And to the other things he responds negatively. To the third, fourth, and fifth interrogatories, he says as he said above. And to the other things he responds negatively. To the sixth interrogatory, he says that he does not favour one party more than the other in this cause, and he has heard that Eleanor has since contracted marriage with the son of a miller named Baker.
Testimony of John Whitypoll, 4 Dec. 1489
On behalf of Kyrkeby c. Roberts, on the exceptions
4 December, by the lord Official in Pardon Church-hawe,[1] in Spencer’s presence
John Whitypoll of the parish of Corringham, where he has lived for four years, illiterate, of free condition, thirty-five years old, as he says. Inducted as a witness etc. on the positions etc., he says that he does not know Henry Kyrkeby, he has known John Kyrkeby for two years, Eleanor Roberts for eight years or thereabouts, John at Wode for eight years, and William Barker 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 Friday, the vigil of the Purification of the Virigin a year ago [1 Feb. 1488], Eleanor came to the dwelling-house of this witness about twilight, together with John Curtman, this witness’s neighbour. Eleanor had previously asked John (as John told this witness) which was this witness’s dwelling, and he, out of affection for this witness, had led her to this witness’s house. And when Eleanor came, this witness asked her why she came there and what she wanted, and she responded that that same day she had come from the parish of Hornchurch to seek service, because her master at Hornchurch did not give her an appropriate wage and, since she was not bound with him in any agreement, she came to look for a better position. And thus this witness took her into his home and that night she spent the night in the home of this witness. And on the day of the Purification immediately following, around the hour of eight and before this witness went to the parish church, he saw and left her in his house, and when he returned from the church, that is around the hour of eleven, he found her in his house. She, together with this witness, dined in this witness’s sight and for the whole day and night following she remained in this witness’s house. And he says that on the Sunday, Monday, Tuesday, Wednesday, Thursday and Friday following, Eleanor spent the night in this witness’s house from his knowledge, because as he says he saw her in the evening and in the morning. And he says that it is such a distance between this witness’s house and the elms, that is twelve miles’ distance,[2] that in his conscience it is impossible for Eleanor to have been present at the four elms on the day of the Purification. This witness deposes these things from his own knowledge. To the third part, he says as he said above. And otherwise he knows nothing concerning its contents. To the fourth part of the exceptions, he says that John Kyrkeby is more affectionate to one party than to the other, that is to Henry, and he knows this because he heard it said that he was a solicitor in the case and urged Eleanor to leave with him from the service of William Austyn against William’s will to go to Henry. And otherwise he knows nothing concerning its contents. To the fifth part of the exceptions, he says that its contents are true as he heard. And otherwise he knows nothing concerning its contents. To the sixth part, he says that he knows nothing concerning its contents. To the seventh part, he says that the things he said above are true, and that public voice and fame circulated and circulate concerning them in the parish of Corringham and in other neighbouring places, as he says.
Testimony of Edmund Brethnam, 4 Dec. 1489
Edmund Brethnam of Corringham aforesaid, London diocese, where he has lived for four years, illiterate, of free condition, sixty years old or thereabouts as he says. Inducted as a witness etc., he says that he does not know Henry Kyrkeby, he has known Eleanor Roberts for three years, John at Wode for a year or thereabouts, William Barker and John Kyrkeby he does not know. To the first part of the exceptions, he says that on the feast of the Purification a year ago, Eleanor was absent from the parish of Hornchurch and was personally present in the house of John Whitypoll of Corringham, distant from Hornchurch by twelve miles, and the witness says this because he saw her at seven in the morning of that day and around eleven and again he saw her around six p.m. of that day in John Whitypoll’s house, a house situated next to this witness’s. This witness deposes these things from his own sight and hearing, as he says. To the third part of the exceptions, he says that he[3] is reputed and was reputed as a solicitor for marriage to be contracted between them. And otherwise he knows nothing concerning its contents. To the fifth and sixth parts, he says that he knows nothing concerning their contents. To the seventh part, he says that the things he deposed above are true and that public voice and fame circulated and circulate in the parish of Corringham and in other neighbouring places concerning them and that Eleanor on the feast of the Purification for the whole day and for the next five or six days following was personally present in John’s house, as he says. To the first interrogatory, he says that he is the master and friend of John Baker with whom Eleanor contracted marriage in the presence of this witness and others, and he says that he is a miller. And he says that he is more affectionate towards Eleanor than towards Henry Kyrkeby because he does not know him, but he is not affectionate towards her contrary to justice, as he says. To the second interrogatory, he says as he said above. To the third interrogatory, he says that he wants the person with right to win and as far as he knows John Baker has the right to Eleanor. And he responds negatively to its other contents.
Testimony of John Whitypoll, 4 Dec. 1489
John Whitypoll re-examined on the interrogatories. To the first interrogatory, he says as he said above. And he says that for the most part since he reached the age of discretion he lived in the city of London and neighbouring places, and he is a labourer as he says. And he does not favour one party more than the other. And to the other contents he responds negatively. To the second interrogatory, he says as he said above. To the third interrogatory, he says as he said above. And to the other contents he responds negatively.
Testimony of Andrew Edward, 31 Jan. 1490
The last day of January in the cathedral church of St. Paul, by the lord Official
Andrew Edward of the parish of Corringham aforesaid, where he has lived for the most part since his birth, illiterate, of free condition, twenty-two years old, as he says. Inducted as a witness etc., he says that he has known Eleanor Roberts for three years, Henry Kyrkeby he does not know, and he does not know the other persons named in the exceptions. 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 vigil of the feast of the Purification last past a year ago, this witness was hired by John Webbe, living on the outskirts of the town of Corringham, to work with him. And around six p.m., Eleanor entered alone into the house and asked where John Whitypoll lived, and John Webbe sent William Edward, this witness’s brother, to take her to John Whitypoll’s house. And he says that about eight in the morning of the day of the feast of the Purification following, this witness saw her in John Whitypoll’s house. And after the high mass, that is around eleven o’clock of that day, this witness, because he did not see her in the aforesaid church carrying her candle and believed her to have left town, looked into the house of John Whitypoll and through the window he saw Eleanor in that house, and again in the afternoon of that day crossing by that house to the church to hear vespers he saw Eleanor in the house again. And because of what he said above, he knows well that Eleanor was absent from the place of the pretended contract. And otherwise he knows nothing concerning the contents of that part. To the fourth, fifth, and sixth parts of the exceptions, he says that he knows nothing concerning their contents. To the seventh part of the exceptions, he says that the things he said above are true, and that public voice and fame circulated and circulate in the parish that Eleanor for the whole day of the feast of the Purification of the blessed Mary about which he deposed above was continually present in John’s house and in the parish of Corringham. To the interrogatories, he says that he does not favour one party more than the other, nor does he care which party wins, nor has he received nor does not hope to receive anything for his testimony in this matter.
Testimony of John Anton, 31 Jan. 1490
John Anton of Corringham aforesaid, where he was born and has lived from the time of his birth, illiterate, of free condition, twenty-three years old or thereabouts, as he says. Inducted as a witness etc., he says that he has known Eleanor Roberts for two years and John at Wode for a year or thereabouts, and he does not know the other persons named in the exceptions. Questioned further about the contents of the exceptions, he says that he knows only that around six in the evening of the vigil of the Purification of the Virgin a year ago, this witness saw Eleanor in John Webbe’s house, then the next day around eight he saw her in John Whitypoll’s house, and for a third time after high mass in the church of Corringham returning to his house, that is around eleven a.m., he saw her in John Whitypoll’s house. He says that it is such a distance between the place of the pretended contract and the house of John Whitypoll that it was impossible for Eleanor to be at ten in the parish of Hornchurch and the place of the pretended contract. He says also that fame circulates in the parish that for the whole day of the feast of the Purification Eleanor was continually present in the parish of Corringham and in the home of John, and by no means outside it. And otherwise he knows nothing concerning the contents of the exceptions. To the interrogatories, he agrees with the previous witness examined above.
[1] A church-hawe was a churchyard (OED, s.v. church-hawe); Pardon Church-hawe was a cloister, with a chapel, on the north side of St. Paul’s cathedral, east of the bishop’s palace. W. Sparrow Simpson, ed., Registrum Statutorum et Consuetudinem Ecclesiae Cathedralis Sancti Pauli Londiniensis (1873), xxiv. Unless it was an unusually warm early December day, it seems more likely the proceedings took place in the chapel than the cloister.
[2] Hornchurch is about 10 miles as the crow flies from Corringham; by road it would likely have been at least 12 miles.
[3] The subject of this verb is not stated: the previous deposition makes it likely that it is John Kyrkeby.
Consistory 