5. Joan Davies defames Sybil Smith
Examinations of witnesses concerning a cause of defamation arising from allegations made by Joan Davies that Sybil Smith had given birth to an illegitimate child.
People
f. 262v
The last day of June 1599
Jacob Ballard
Examinations of the witnesses on and for the part of Sybil Smith against Joan Davies alias Pynner in a cause of defamation or insult follow.
John Geynes, husbandman, of the parish of Holme Lacy in the county of Hereford where he has lived and made his home for eleven years of thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article he says the same is true.
To the second article he says that he refers to the laws in that behalf.
To the third article he says and deposes that upon the Friday in the cleansing week, being the Friday next after Shrove Sunday last past, this examinate happening to be in the house of John Pynner alias Smith, within the parish of Holme Lacy articulate. And having conference with Joan Davies alias Pynner, the wife of the said John Pynner alias Smith, concerning the plaintiff Sybil Smith. The said Joan, the defendant, said to this examinate that she would tell him a thing if he would not utter it again, and this examinate answered her that he would not disclose it if it did not concern a friend of his, and she said it did not, and thereupon she said that Sybil Smith, the plaintiff, was delivered of a child at Henry Phellpotes’ house at the boot of Byford, and that it was she, the said Sybil, that was there delivered of a child and who should it be but she. And otherwise he knows nothing depose.
Transcript
Vltimo die Iunij
1599
Iacobus Ballard
Exaiat Examinaciones testium
ex parte et [pro] partem Sibille
Smith contra Iohannam davies
alias Pynner in Causa diffamacionis siue
Convitij sequu[n]tur.
Iohannes Geynes parochie de homlacy in
Comitatu hereford husbandman Vbi moram
fecit et domicilium fovit per vndecim annos
Annos aut eo circiter testis productus iuratus
et examinatus dicit et deponit vt sequitur.
1 Ad primum articulum dicit eundem esse verum.
2 Ad secundum articulum dicit et quod
refert se ad leges in ea parte.
Ad tertium articulum dicit et deponit that
vpon the fridaie in the Clensing weeke being
the fridaie next after Shrove sundaie last
past this examinate hapening to be in the howse
of Iohn Pynner alias Smithe within the how
parishe of homlacie articulate h And having
conference aboutes the plaintiffe Sible Smithshe the said , with Iohan davies alias Pynner
the wief of the said Iohn Pynner alias Smith
concerning the plaintiffe Sible Smith
the said Iohan the defendant said to this examinate that
she would tell him a thing it he wold not
vtter it againe, and this examinate answered her
that he wold not disclose it if it did not
concerne a frend of his, and therevpon
she said it did not, and therevpon she said
that Sible Smithe the plaintiff was deliuered
of a Child at henrie Phellpotes howse at
the boote of Biford, and that it was
she that the said Sible that was there
delivered of a Child and whoe should it be but
shee Et aliter nescit deponere.
f. 263r
To the fourth he says it is true.
To the fifth he says that he knows nothing to depose.
To the sixth he says that the articulate Sybil Smith is put to charges and expenses by reason of this suite. And otherwise he knows nothing to depose.
To the last he says that his depositions made above were and are true.
John Geynes
Jacob Ballard
William Woodward, husbandman, of the parish of Holme Lacy in the county of Hereford where he has lived from the cradle, aged about twenty-four years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article he says the same is true.
To the second article he says that he refers it to the laws in that behalf.
To the fourth article he says and deposes that somewhat above a month last past, it was this examinate's chance to meet with the articulate, Joan Pynner alias Davies, the defendant within the parish of Holme Lacy articulate, where she the said defendant Joan Pynner alias Davies, told this examinate that she had imparted to John Gines this examinate’s master that Sybil Smith, the plaintiff in this cause, was delievered of a child at Phellpotes’ house at the boot of Byford and that he the said Gines promised her not to discover the same again, and yet he had uttered it. And otherwise he knows nothing to depose.
Transcript
Ad quartum dicit eundem esse verum.
Ad quart quintum dicit quod nescit deponere
Ad sextum dicit that the articulate Sible
Smith is put to chardges and
expences by reason of this suite Et aliter
nescit deponere.
Ad vltimum dicit sua predeposita fuisse et esse vera etc.
Iohn gines
Iacobus Ballard
Willelmus woodward parochie de
homlacie in Comitatu hereford husbandman
vbi moram fecit a Cunabulis ætatis
xxiiij annorum aut eo circiter testis productus
iuratus et examinatus dicit et deponit vt sequitur
1 Ad primum articulum dicit eundem esse verum.
2 Ad secundum articulum dicit quod refert se ad
Leges in ea parte
4. Ad quartum articulum dicit et deponit that some
what above a moneth last past, it was this
examinates chaunce to meate with the articulate
Iohanne Pynner alias davies the defendant within the
parishe of homlacie articulate, where she the said
defendant Iohan Pynner alias davies tould this
examinate that she had imparted to Iohn Gines[1]
this examinates maister that Sible Smith the plaintiff
in this Cause was deliuered of a Child at Phellpotes
howse at the boote of Biford and that he the
said Gines promised her not to discouer her the Counsaile same againe, and yet he haid vttered
it. Et aliter nescit deponere.
[1] It is possible that this is Gunds but it seems this is the same person named four lines below and in the previous deposition.
f. 263v
To the fourth article he says it is true.
To the fifth he says that he refers to the depositions he has made.
To the sixth he says that he this examinate does think that by reason of the prolation of these words the articulate, Sybil Smith, her good name is much impaired and hurt and that she is put to expenses and charges. And otherwise he knows nothing to depose.
To the last he says his depositions made above were and are true.
Signed [by] William Woodward
Jacob Ballard
John Smith of the parish of Holme Lacy in the county of Hereford, where he has lived from the cradle, aged sixty-six years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article, he says the same is true.
To the second article he says that he refers to the laws in that behalf.
To the third article he says and deposes that upon the Sunday next after the feast of Easter last past or thereabouts, this examinate, John Hooper, and John Owen upon request made did go into the house of the articulate, Joan Pynner alias Davies, to see whether she would justify some words of slander supposed to be spoken by her against Sybil Smith, the plaintiff, and when they came thither called her out of her house, and went all together
Transcript
Ad 4 articulum dicit eundem esse verum.
Ad quintum dicit quod refert se ad predeposita.
Ad sextum dicit that by he this
examinate doeth thincke that by reason
of the prolacion of these wordes the articulate
Sible Smithe her good name is much
impaired and hurte and that she is
puto expences and Chardges. Et aliter nescit
deponere.
Ad vltimum dicit predeposita sua fuisse
et esse vera etc.
signatum + [Mark in lieu of signature] willelmi woodward
Iacobus Ballard
Iohannes Smithe parochie de homlacy in
Comitatu hereford Smithe vbi moram fecit
a Cunabulis ætatis lxvj annorum aut eo
circiter testis productus iuratus et examinatus
dicit et deponit vt sequitur.
Ad primum articulum dicit eundem esse verum.
2. Ad secundum articulum dicit quod refert se ad
leges in ea parte.
3 Ad tertium articulum dicit et deponit that
vpon the Sundaie next after the ffeast of
Easter last past or thereaboutes this examinate
Iohn hooper and Iohn owen vpon request made
did goe vnto the howse of the articulate Iohan
Pynner alias davies, to see whether she wold
iustifie somme wordes of sclaunder supposed
to be spoken by her against Sible Smith
the plaintiff and when they cam thether called her
out of her howse, and went all together
f. 264r
unto a stile hard by. And then the said John Hooper demanded of her, the said Joan, whether she did say that the said Sybil Smith was delivered of a child at Byford and she, the said Joan, did confess that she had said so, but she thought no harm and desired that she might be forgiven for it. All this was done in the presence of this examinate, John Hooper, and John Owen. And otherwise he knows nothing to depose.
To the fourth he says it is true.
To the fifth he says that he refers it to the depositions he has made.
To the sixth he says that he thinks that the said Sybil Smith is put to charges and expenses by reason of the speaking of the said words. And otherwise he knows nothing to depose.
To the last he says his depositions made above were and are true etc.
John Smith
Jacob Ballard
John Owen, tailor, of the parish of Holme Lacy in the county of Hereford, aged thirty-one years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article he says the same is true.
To the second article he says that he refers to the laws set forth in that behalf.
To the fourth article he says and deposes that between Easter and Whitsuntide last past, this examinate was entreated to go with one John Hooper and John Smith, his precontest,[1] to the
[1] = A former or previous fellow witness. Oxford English Dictionary, s.v. “precontest (n.),” July 2023, https://doi.org/10.1093/OED/1048985335.
Transcript
vnto a stile hard by. And then the said Iohn
hooper demaunded of her the said Iohan whether
she did saie that the said Sible Smith
was deliuered of a Child at Biford \and she the said/ she did
\Iohan did/ confesse that she did saie soe, but she
thought noe harme, and desired that
she the said might be forgiuen for it Et aliter all this was donne in the presence
of this examinate and Iohn hooper and Iohn owen
Et aliter nescit deponere.
Ad quartum dicit eundem esse verum.
Ad quintum dicit quod refert se ad predeposita
Ad quintum sextum dicit that he thincketh
that the said Sible Smith is put
to chardges and expences by reason of the
speaking of the said wordes Et aliter nescit
deponere.
Ad vltimum dicit predeposita sua fuisse et esse
vera etc.
Iohn Smythe
Iacobus Ballard
Iohannes owen parochie de homlacie in Comitatu
hereford Tailer ætatis xxxj annorum aut
eo circiter testis productus iuratus et examinatus dicit et deponit vt sequitur
1 Ad primum articulum dicit eundem esse verum.
2. Ad secundum articulum dicit eundem quod refert se
ad leges in ea parte editas.
Ad 4 articulum dicit et deponit that betwixt
ester and whitsontide last past, This
examinate was entreated to goe with one Iohn
hooper and, Iohn Smith his preconteste to the
f. 264v
house of the articulate Joan Pynner, alias Davies, in the parish of Holme Lacy articulate to examine the said Joan touching some slanderous speeches uttered by her touching Sybil Smith, the plaintiff, who went accordingly, and called her out of her house unto a stile hard by where she was demanded by the said Hooper whether she said that Sybil Smith, the plaintiff, was delivered of a child at Byford, and she answered that she did say so and that she knew to whom she spoke it, but she thought no harm, and desired that she might be forgiven for it. And otherwise he knows nothing to depose.
To the fourth he says it is true.
To the fifth he refers to the depositions he has made etc.
To the sixth he says that he knows nothing to depose.
To the seventh he says his depositions made above were and are true etc.
By me John Owen
13th day July 1599
Jacob Ballard
Eleanor Phellpotes, spinster, of the parish of Byford in the county of Hereford where she has lived for one year now passed or thereabouts, and before at Bolstone in the aforesaid county, aged twenty years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article she says the same is true.
Transcript
howse of the articulate Iohan Pynner alias
davies in the parishe of homlacie articulate
to se whether examine the said Iohan
touching somme slaunderous speaches vttered
by her touching Sible Smithe thee plaintiff whoe went accord[i]nglie, and
called called her out of her howse vnto
a stile hard by where she was demaunded
by the said hooper whethe[r] she said that
Sible Smith the plaintiffe was deliuered
of a Child at Biford, and she answered
that she did saie soe \and that she knewe to whom she spake it/ but she though[t] noe
harme, and desired that she might be
forgiuen for it Et aliter nescit deponere etc.
Ad 4 dicit eundem esse verum.
Ad quintum refert se ad predeposita etc.
Ad sextum dicit quod nescit deponere.
Ad septimum dicit predeposita sua fuisse et
esse vera etc.
per me Ioh owen
xiij die
Iulij 1599
Iacobus Ballard
Elenora Phellpotes parochie de
Biford in Comitatu, hereford Spinster
vbi inhabitavit per vnum Annum iam
elapsum aut eo circiter, et antea apud
Boulson in Comitatu predicti, ætatis xx annorum
aut eo circiter testis producta iuratus iurata
et examinata dicit et deponit vt sequitur.
Ad primum articulum dicit eundem esse verum.
f. 265r
To the second article she says that she refers it to the aforesaid.
To the third article she says and deposes that in the Lent last past, this examinate, Joan Jennings, and the defendant, Joan Pynner, coming from Hereford all together homewards, and having conference about diverse matters, and especially touching the plaintiff, Sybil Smith, the said Joan Pynner demanded of this examinate whether the said Sybil Smith was delivered of a child at Byford at this examinate’s father’s house. And this examinate denied the same whereupon the said Joan Pynner answered that she would justify the same, and she, the said Joan [Pynner], said further that it was Sybil Smith that was delivered of a boy at Byford, which words were spoken in the presence of Joan Jennings and this examinate between Dynder’s mill and Upton being within the parish of Holme Lacy as she takes it. And otherwise she knows nothing to depose.
To the fourth she says it is true.
To the fifth she says that she refers to the deposition that she made.
To the sixth she says that the articulate, Sybil Smith, is put to expenses and charges in this matter by reason of the speaking of the said words, and in her opinion the good name and fame of the said Sybil by these means is impaired and hurt. And otherwise she knows nothing to depose.
To the last she says her depositions made above were and are true etc.
Transcript
Ad secundum articulum dicit quod refert se ad
Leges articulatas.
Ad tertium articulum dicit et deponit that in the
Lent last past, this examinate, Iohan Ienninges
and the defendant Iohan Pynner coming from
hereford all together homewardes, and having
conference aboutes diuers matters, w assoone
and especially touching the plaintiffe Sible
Smithe, the said Iohan Pynner demaunded of
this examinate whether the said Sible Smith
were deliuered of a Child at Biford at this examinates
fathers howse, and this examinate denied the same
wherevppon the said Sible Iohan \pynner/ answered
that she wold iustifie the same, and \she the said Iohan/ said \furth[e]r/
that it was Sible Smithe that was deliuered
of a Boye at Biford, which wordes were
spoken vnto his in the presence of Iohan
Ienninges and this examinate betweene dynders
mill and Vpton being within the parishe of
homlacy as she taketh it Et aliter nescit
deponere.
4. Ad quartum dicit eundem esse verum.
5 Ad quintum dicit quod refert se ad predepositam.
6 Ad sextum dicit that the articulate Sible
Smith is putto expences and chardges
in this matter by reason of the speaking
of the said wordes, and in her opinion
the goode name and fame of the said
Sible by these meanes is impaired and
hurte Et aliter nescit deponere.
Ad vltimum dicit predeposita sua fuisse et esse
vera etc.
f. 265v
27 July 1599
Jacob Ballard
Joan Jennings, spinster, of the parish of Holme Lacy in the county of Hereford, where she was born, aged seventeen years or thereabouts. The witness, produced, sworn, and examined, says and deposes as follows.
To the first article she says the same is true.
To the second she says that she refers to the laws set forth in that behalf.
To the third article she says and deposes that in the Lent last, this examinate, happening to travel from Hereford to Holme Lacy in the company of Eleanor Phellpotes, her precontest, and the defendant Joan Pynner, heard the said Eleanor and Joan talk of one Sybil, the said Joan affirming that it was Sybil Smith, and the said Eleanor Phellpotes denying it, and saying that "it was Joan," then the said Joan Pynner said "she had changed her name for her name was Syble" which words were spoken between Dynder and Upton in the parishes of Holme and Dynder as she take it. And said that after this examinate came home, she demanded of the said Eleanor what speech and conversation she and the said Joan Pynner had by the way, who answered this examinate that the said Joan Pynner told her, the said Eleanor Phellpotes, that it was John Whoper his wench which was delivered of a
Transcript
xxvij Iulij 1599
Iacobus Ballard
Iohanna Ienninges parochie de Homlacy
in Comitatu hereford spinster vbi nata fuit
ætatis xvij annorum aut eo circiter testis
producta iurata et examinata dicit et
deponit vt sequitur.
Ad primum articulum dicit eundem esse verum.
Ad secundum dicit quod refert se ad
Leges in ea parte editas.
Ad tertium articulum dicit et deponit That
in the lent last this examinate happening to
travaile from hereford to homlacy in the
Companie of Elinor Phellpotes her precontest
and the defendant Iohan Pynner heard the
said helinor and Iohan take talke of one
Sible, the said Iohan affirming that
it was Sible Smith, and the said
Elinor Phellpotes denieng it, and saieng that
it was Iohan, then said the said Iohan
Pynner said she hath changed her name
for her name was Sible which wordes were
spoken betwixt dynder and vpton in
the parishes of hom and dinder as she taketh
it And afte saieth that after this examinate
cam home she demaunded of the said Elinor
what speech and Conuercacion shee and the said
Iohan Pynner had by the way whoe answered this
examinate that the said Iohan Pynner tould
her the said Elinor Phellpotes that it was
Iohn whoper his wench which was deliuered of a
f. 266r
child at Byford, meaning the plaintiff Sybil Smith. And otherwise she knows nothing to depose.
To the fourth she says that she knows nothing to depose.
To the fifth she says that she knows nothing to depose other than she has deposed.
To the sixth she says that she knows nothing to depose.
To the last she says her depositions made above were and are true etc. Also regarding and concerning the same things public voice and fame are circulating, etc.
JJ
Transcript
Child at Biford meaning the plaintiff Sible
Smithe Et aliter nescit deponere.
Ad quartum dicit quod nescit deponere.
Ad quintum dicit quod nescit deponere alias
quam predeposuit.
Ad sextum dicit quod nescit deponere
Ad vltimum dicit predeposita sua fuisse et
esse vera etc. ac de et super eisdem
Laborant publica vox et fama etc.
II