Case type: Defamation
Summary: Alice and Richard Illary v Joan Castle: Joan implies that Richard's wife, Alice, had had a premarital affair with another man. Joan subsequently raised a counter-suit against Richard (see Case 3.2).
Source: Somerset Heritage Centre, D/D/Cd/20
Gloss: definitions of key terminology.
Interpretation: matters of interest and importance relating to how evidence recorded in the depositions is analysed.
Technicalities of the court: procedural information about the operation of the courts and the recording of depositional evidence.
^10 December 1584^
Examinac[ion] test[imoniu]m ex p[ar]te Alice Illury f[a]c[t]a no[m]i[ni]bus et artic[u]lus libelli al[ia]s ex sua p[ar]te con Joham Castle dat et oblat sequit[ur]./
Johannes Fry p[ar]ochie de Westpennard in Com[itatus] Som[er]s[e]t husband[man] ubi mora[m] trapit a nativitate ib[u]m oriundus et natus. etatis lxxvi Annor[es] libere Condic[i]o[n]is testis p[ro]ductus admiss &c. et primo exa[m]i[n]atus de noticia p[ar]tiu[m] dicit se novisse, Alicia Illury p[er] spaciu[m] xii Annor[es] ant eo circit[er]: et Jo[h]an Castle p[er] spaciu[m] xl. Annor[es] ut dicit bene novit.
Sup[er] p[ri]mo artic[u]lo libelli exa[m]i[n]atus dicit q[uo]d refert se ad iura./
Sup[er] secundo dicit et deponit: That
aboute Midsomer Laste paste before this his
examinac[i]on ut modo recolit, et tempus et die[m] al[ite]r p[er]fecte no[n]
recordat[ur], This deponent happened to be in the Churchyard of the p[ar]ishe Church of Westpennard
wher and when was also p[rese]nte w[i]th this Jurate the articulated Richard Illury
Johane Casttle John Gremsteede Willyam Rawlins and Thom[a]s Lane w[i]th div[er]s
oth[e]rs whose names he reme[m]breth not wher and when emonge oth[e]r Co[m]munication
by and betweene the said Richard Illary and Jone Castle had he this deponent first hard the said Richard
Illary utter and say unto the said Jone Castle uppon an abuse geven first by thee I have said the wordes
w[hi]ch willingli I would not say; then she asked him what she had said of him or spoken of him or his
wief who answered her saying thow saidest that my wief Alice Illury was a
whore and that
she had Layne w[i]th Robert Whitte x. nights before she was married to me: then quoth the said Jone Castle,
so Elizabeth Champion tolde me. p[rese]nte then and ther the p[ar]ties before named ut
dicit et al[ite]r nescit depon[er]e.
Sup[er] tertio nescit depon[er]e.
Sup[er] quarto deponit ead de veru[m]
Sup[er] ult deponit q[uo]d p[re]depo[s]ita p[er] eu[m] sunt vera &c et fama Laborure &c
Johannes Gremsteede p[ar]ochie de Westpennard in Com[itatus] Som[er]s[e]t husbandma[n] ubi natus, ac mora[m] ubi trapit a nativitate: etatis lvii Annor[es] ant de circit[er] libere Condic[i]o[n]is testis p[ro]ductus admiss et juratus et exa[m]i[n]atus de noticia p[ar]tiu[m] dicit se novisse Alicia Illury p[er] spaciu[m] xviii Annor[es] et Jo[h]am Castle p[er] spaciu[m] xxx Annor[es] ut dicit bene novit./
Sup[er] p[ri]mo artic[u]lo libelli exa[m]i[n]atus dicit et deponit q[uo]d refert se ad iura /
Sup[er] secundo deponit that uppon a sonday happeninge
aboute midsom[er] laste paste
before this his examinac[i]on ut modo recolit et tempus et die[m] al[ite]r
p[er]fecte no[n] recordat[ur], this deponent happened to be in the Churchyard of the
p[ar]ishe Churche of Westpennard wher and when were also p[rese]nte Richard Illury
and Johane Castle togeth[e]r w[i]th John Fry this deponents
p[re]conteste
Thom[a]s Lane w[i]th oth[e]rs whose names he reme[m]breth not. Wher
and when emonge div[er]s speachis and talke had betweene the said Richard Castle Illury and Jone
Castle, he this deponent hard the said Richard Illury say unto the said Jone Castle these wordes
following: viz The wordes w[hi]ch thow hast spoken by me and my wief hath ronged me to speake
that w[hi]ch willingly I would not speake, Why quoth she what have I spoken then he answered
thow saidest that my wief was a
whore, and that she had laine x. nightes w[i]th Robert Whitte
before she was married to me then the said Jone Castle said yea
marry so Elizabeth Champion tolde
me p[rese]nte then and ther the p[ar]tes above named: et al[ite]r nescit
depon[er]e
Sup[er] tertio nescit depon[er]e.
Sup[er] quarto deponit ead de veru[m].
Sup[er] quinto deponit q[uo]d p[re]depo[s]ita p[er] eu[m] sunt vera &c et fama laborare &c.
Will[ia]m[u]s Rawlins p[ar]ochie de Westpennard in Com[itatus] Som[er]s[e]t husbandman ubi natus, ac mora[m] trapit a nativitate sua: duobus Annis exceptis, etatis lxiiii Annor[es] libere Condic[i]o[n]is testis p[ro]ductus Admiss &c et p[ri]mo exa[m]i[n]atus de noticia p[ar]tiu[m] dicit q[uo]d novit Alicia Illury p[er] spaciu[m] xxte Annor[es] et Jo[h]an Castle p[er] spaiuc[m] xx Annor[es] ut dicit bene novit./
Sup[er] p[ri]mo exa[m]i[n]atus dicit et q[uo]d refert se ad iura.
Sup[er] secundo dicit et deponit That uppon a sonday happeninge
aboute midsom[er] laste paste
before this his examinac[i]on ut modo recolit et tempus et diem al[ite]r p[er]fecte
no[n] recordat[ur] in the Churchyard of the p[ar]ishe Church of Westpennard this deponent
happened to be p[er]sonally p[rese]nte to and w[i]th the articulated Richard Illury
and Jone Castle, together w[i]th John Fry John Gremsteed this deponentes
p[re]conteste and
also Thomas Lane w[i]th div[er]s oth[e]rs whose names he reme[m]breth not wher and when
uppon div[er]s and sun speacheis had and uttered by and betweene the said Richard Illury and Jone Castle, he
this deponent hard the said Richard Illary saie firste unto Jone Castle these wordes followinge viz yo
Churged [...] my wief very farr, why quoth she what have I said of yo[u]r wief then he answered and said
yo[u] said that my wief was a
whore, and that she had Layne w[i]th Robert Whitte x, nightes
before she was married unto me, (yea
marry quoth she) so Elizabeth Champion tolde me, p[rese]nte
then and ther the p[ar]ties above named. ut dicit et al[ite]r nescit depon[er]e
Sup[er] tertio nescit depon[er]e.
Sup[er] quarto deponit ead et veru[m]
Sup[er] quinto deponit ead[em] p[re]depo[s]ita p[er] eu[m] de veru[m] &c et fama Laborure &c.
Thom[a]s Lane p[ar]ochie de Powlton in Com[itatus] Som[er]s[e]t husband[man] ubi mora[m] trapit p[er] spaciu[m] xxiiii Annor[es] et antea ap[u]d Priddy ubi natus: etatis l Annor[es] libere Condic[i]o[n]is testis p[ro]ductus &c et primo exa[m]i[n]atus de noticia p[ar]tiu[m] dicit se novisse Alicia Illary p[er] spaciu[m] xvi Annor[es] et Jo[h]am Castle p[er] consimile tempus ut dicit bene novit./
Sup[er] p[ri]mo artic[u]lo libelli exa[m]i[n]atus dicit et deponit q[uo]d refert se ad iura.
Sup[er] secundo dicit et deponit That uppon a sonday happeninge
aboute midsom[er] laste paste before
this his examinac[i]on ut modo recolit et tempus al[ite]r p[er]fecte no[n] recordat[ur]:
This deponent happened to be in the Churchyard of the p[ar]ishe Churche of Westpennard w[i]th
Richard Illury and Jone Castle, together w[i]th John Fry John Gremsteede and Willyam Rawlins this deponentes
p[re]conteste, w[i]th oth[e]r whose names he reme[m]breth not: wher and when this
depon[en]t amonge many other wordes uttered betweene the said Richard Castle Illury and Jone Castle hurd the said
Richard Illury say unto the said Jone Castle, thow haste Caused me to recite and utter more wordes then willingly
I woulde: why quoth she what have I donne or said: then he answered thow saydeste that my wief was a
whore and that
she had layne x nightes w[i]th Rob[er]te Whitte before she was married
noe Marry for [...] quoth she, I said
not that she was a whore but I said that she had layne w[i]th Rob[er]te Whitte x nightes before she
was married, as Elizabeth Champion tolde and said unto me: p[rese]nte then and ther the p[ar]ties
above named, ut dicit et al[ite]r nescit depon[er]e./
Sup[er] tertio nescit depon[er]e.
Sup[er] quarto deponit ead de veru[m].
Sup[er] quinto deponit q[uo]d p[re]depo[s]ita p[er] eu[m] sunt vera &c et fama &c
Will[ia]m[u]s Champion p[ar]ochie de West pennard in Com[itatus] Som[er]s[e]t husband[man] ubi mora[m] trapit a nativitate ib[u]m natus et oriundus etatis xlviii ant de circiter libere Condic[ionis] testis p[ro]ductus admiss &c et primo exa[m]i[n]atus de notari p[ar]tiu[m] dicit q[uo]d novit Rich[ardu]m Illury p[er] spaciu[m] duor[es] Annor[es] et ante et Joham Castle p[er] spaciu[m] xxx Annor[es] ut dicit bene novit./
Sup[er] primo et secundo nescit depon[er]e sed refert se ad d[i]c[t]u[m] et depo[sicio]nes testi[moniu]m ex p[ar]te Castle p[ro]duct et exa[m]i[n]ator./
Sup[er] tertio nescit depon[er]e./
Sup[er] quarto deponit That the articlated John Priddy was
household servant unto the articlated Jone Castle by the space of one whole yere that is to say from
the feast of St michaell laste paste was xii monethes, untill michaelmas laste, and then he departed from her, et reddend cum scie[n] sue dicit et deponit that
he this jurate was by all that tyme and at this p[rese]nte is the next neughbour unto the said Jone Castle (excepte one) viz Richard Illury articluted and by all
the said space, or oughten tymes w[i]thin the said space did and hath seene the said John Priddy
doinge of the necessary busynes and worke of the said Jone, that
is to say drivinge of her Cattell to and froe, and mowinge of her grasse in the Somer tyme. / And furth[e]r saith that the articlated Mary Bower
from Easter Wednesday laste
untill Michaelmas laste was dwellinge w[i]th the said Jone Castle and did by all the said space
suche necessary busynes as was ther to be donne, et redden cum scie[n]
sue dicit et deponit ut sup[er]. And that he hath oughten tymes w[i]thin the said space seene her goe aboute her
dames busynes and sawe her Comi[n]ge
and goinge to the said Jone Castle her house as her servante et al[ite]r nescit depon[er]e
but not in Covennente w[i]th her as the said Mary hath confessed unto hym, this depone[n] et
al[ite]r nescit
Sup[er] quinto deponit That w[i]thin the p[ar]ishe of West Pennard the articluted Mary Bower is accompted reputed and taken for a woman of little or noe welth at all, and of noe Creditt or estimac[i]on but this depon[en]t taketh her to be an honest woman et al[ite]r nescit depon[er]e./
Sup[er] sexto deponit q[uo]d p[re]depo[s]ita p[er] eu[m] sunt vera &c et fama[m] Laborare &c /
Will[ia]mus Maple p[ar]ochie de West pennard in Com[itatus] Som[er]s[e]t husband[man] ubi mora[m] trapit a nativitate ib[u]m oriundus etatis xl Annor[es] ant de circit[er] libere Condic[i]o[n]is testis p[ro]duct admiss jurat &c et p[ri]mo exa[m]i[n]atus de noticia p[ar]tiu[m] dicit q[uo]d novit Rich[ardu]m Illary p[er] spaciu[m] unus Ann et dimid[ius], et Jo[h]am Castle p[er] spaciu[m] xx Annor[es] et ultra ut dicit bene novit./
Sup[er] p[ri]mo et secundo deponit et Concordat cu[m] preconteste s[ui]s./
Sup[er] tertio nescit depon[er]e./
Sup[er] quarto deponit that the articlated John Priddy by the space of xii monethes viz
from michelmas laste paste was xii monethes unto Michaelmas lasteand then departed from her was
household
s[er]vante unto the articluted Jone Castle, and at michaelmas last he dep[ar]ted from her: et reddend cam scie[n] sue dicit et deponit that by all the moste
p[ar]te of the said space he beinge a p[]arishoner of West pennard and dwellinge w[i]thin half a quarter of a mile unto the said Jone Castle hath seene the said John
Priddy
do suche necessary busynes as she had to doe, viz in goinge w[i]th her plowe and in the som[er] tyme makinge of her hay and all oth[e]r necessary busynes to be donne by suche a s[er]vannte or
hyne.
And furth[e]r saith that the articluted Mary Bower was
from easter Wednesday untill after michaelmas laste in the house of the said Jone Castle and did by all the said space
doe
suche Covenient worke and busynes as was by her to be donne as a s[er]vannte, but not beinge in
Covenante w[i]th her as she her self hath Confessed unto this deponent: et
reddend cum scie[n] sue dicit et deponit ut sup[er]./
Sup[er] quinto deponit That w[i]thin the p[ar]ishe of West pennard she the articlated Mary Bowre is accompted and taken for a very poore wenche and not reckoned to be of Creditt sufficient to take an othe. yet reputed and [sic] honest maiden et al[ite]r nescit depon[er]e /
Sup[er] ult deponit q[uo]d p[re]depo[s]ita p[er] eu[m] sunt vera &c et famam laborare &c./
^10 December 1584^
Examinations on the part of Alice Illary named in the articles of the libel against Joan Castle, given and offered as follows:
John Fry of the parish of West Pennard in the county of Somerset, husbandman, where he has lived since birth and where he was born, 76 years old. Produced as a free witness and at first examination has known Alice Illary for twelve years and Joan Castle for the space of 40 years and knows them well.
To the first article of the libel he says he refers himself to the law.
To the second he says and deposes that
about Midsummer last past before this his
examination, the day and time he does not recall perfectly, this deponent happened to be in the churchyard of the parish
church of West Pennard, where and when was also present with this witness the articulated Richard Illary,
Joan Castle, John Gremsteed, William Rawlins and Thomas Lane with diverse others whose names he remembers not. Where and when among
other communication by and between the said Richard Illary and Joan Castle had, he this deponent first heard the said Richard
Illary utter and say unto the said Joan Castle upon an abuse given first by her: 'I have said the words
which willingly I would not say'. Then she asked him what she had said of him or spoken of him or his
wife. Who answered her saying: 'you say that my wife Alice Illary was a
whore and that she had lay
with Robert Whitte ten nights before she was married to me'. Then said the said Joan Castle:
'so Elizabeth Champion told me'. Present then and there, the parties before named as he says and otherwise he knows nothing.
To the third he knows nothing.
The fourth he deposes that it is true.
To the final he deposes that what he has deposed is true and as reported.
John Gremsteed of the parish of West Pennard in the county of Somerset, husbandman, where he was born and where he has lived since birth, 57 years old. Produced as a free witness and at first examination has known Alice Illary and Joan Castle for the space of 30 years and knows them well.
To the first article of the libel he says he refers to his oath.
To the second he deposes that upon a Sunday happening
about Midsummer last past
before this his examination, the day and time he does not recall perfectly, this deponent happened
to be in the churchyard of the parish church of West Pennard, where and when were also present Richard Illary
and Joan Castle together with John Fry, this deponent's
precontest, Thomas Lane with others whose names he remembers not. Where
and when, among diverse speeches and talk had between the said Richard Castle Illary and Joan
Castle, he this deponent heard the said Richard Illary say unto the said Joan Castle these words
following, viz: 'The words which you have spoken by me and my wife has wronged me to speak
that which willingly I would not speak'. 'Why,' said she, 'what have I spoken then?' He answered:
'you said that my wife was a
whore, and that she had lay ten nights with Robert Whitte
before she was married to me.' Then the said Joan Castle said 'yes,
marry, so Elizabeth Champion told
me'. Present then and there the parties above named and otherwise he knows nothing.
To the third he knows nothing.
The fourth he deposes that it is true.
To the last he deposes that what he has deposed is true and as reported.
William Rawlins of the parish of West Pennard in the county of Somerset, husbandman, where he was born and has lived since birth (except for two years), 64 years old. Produced as a free witness and at first examination has known Alice Illary for the space of 20 years and Joan Castle for the space of 40 years and knows them well.
To the first article of the libel he says he refers himself to the law.
To the second he says and deposes that upon a Sunday happening
about Midsummer last past
before this his examination, the day and time he does not recall perfectly, in the churchyard of the parish church of West Pennard
this deponent happened to be personally present to and with the articulated Richard Illary
and Joan Castle together with John Fry, John Gremsteed, this deponent's
precontest, and
also Thomas Lane with diverse others whose names he remembers not. Where and when
upon diverse and sun speeches had and uttered by and between the said Richard Illary and Joan Castle, he
this deponent heard the said Richard Illary say first unto Joan Castle these words following, viz: 'you
charge [...] my wife very far'. 'Why,' said she, 'what have I said of your wife?' Then he answered and said:
'you said that my wife was a
whore, and that she had lay with Robert Whitte ten nights
before she was married unto me'. 'Yea
marry,' said she, 'so Elizabeth Champion told me.' Present
then and there the parties above named and otherwise he knows nothing.
To the third he knows nothing.
The fourth he deposes that it is true.
To the fifth he deposes that what he has deposed is true and as reported.
Thomas Lane of the parish of Pilton in the county of Somerset, husbandman, where he has lived for the space of 24 years. And before he lived in Priddy where he was born, age 50. Produced as a free witness and at first examination has known Alice Illary for the space of 16 years and Joan Castle for a similar time and knows them well.
To the first article of the libel he says he refers himself to the law.
To the second he says and deposes that upon a Sunday happening
about Midsummer last past before
this his examination, the day and time he does not recall perfectly: this deponent happened to be in the churchyard
of the parish church of West Pennard with Richard Illary and Joan Castle, together with John Fry,
John Gremsteed and William Rawlins, this deponent's
precontest, with others whose names he remembers not. Where and when this
deponent, among many other words uttered between the said Richard Castle Illary and Joan Castle, heard the said
Richard Illary say unto the said Joan Castle: 'you have caused me to recite and utter more words than willingly
I would'. 'Why,' said she, 'what have I done or said?' Then he answered: 'you said that my wife was a
whore and that
she had lay ten nights with Robert Whitte before she was married'.
'No Marry for[...],' said she, 'I said
not that she was a
whore but I said that she had lay with Robert Whitte ten nights before she
was married, as Elizabeth Champion told and said unto me'. Present then and there the parties
above named and otherwise he knows nothing.
To the third he knows nothing.
The fourth he deposes is true.
To the fifth he deposes that what he has deposed is true and as reported.
Examinations on the part of Richard Illary, exceptions in the trial given and offered as follows:
William Champion of the parish of West Pennard in the county of Somerset, husbandman, where he has lived since birth and where he was born, age 48. Produced as a free witness and at first examination he has known Richard Illary for the space of two years and Joan Castle for the space of 30 years and knows them well.
To the first and second he knows nothing and refers himself to the depositions of the witnesses on the part of Castle produced and examined.
To the third he knows nothing.
To the fourth he deposes that the articlated John Priddy was
household servant unto the articlated Joan Castle by the space of one whole year, that is to say
from
the feast of St Michael last past was twelve months [ago], until Michaelmas last and then he departed from her. And he knows this because he says and deposes that
he, this witness, was by all that time and at this present is the next neighbour unto the said Joan Castle (except one) viz. Richard Illary articlated. And by all
the said space, or often times within the said space, did and has seen the said John Priddy
doing of the necessary business and work of the said Joan, that
is to say driving of her cattle to and fro, and mowing of her grass in the Summer time. And further says that the articlated Mary Bower
from Easter Wednesday last
until Michaelmas last was dwelling with the said Joan Castle and did by all the said space
such necessary business as was there to be done. And he knows this as he says and deposes. And that
he has often times within the said space seen her go about her
dame's business and saw her coming and going to the said Joan Castle her house as her servant and otherwise he knows nothing but not in
covenant with her
as the said Mary has confessed unto him and otherwise he knows nothing.
To the fifth he deposes that within the parish of West Pennard, the articlated Mary Bower is accounted, reputed and taken for a woman of little or no worth at all and of no credit or estimation but this deponent takes her to be an honest woman and otherwise he knows nothing.
To the sixth he deposes that what he has deposed is true and as reported.
William Maple of the parish of West Pennard in the county of Somerset, husbandman, where he was born and has lived since birth, age 40. Produced as a free witness and at first examination he has known Richard Illary for the space of one and a half years and Joan Castle for the space of 20 years and knows them well.
To the first and second he agrees with his precontest.
To the third he knows nothing.
To the fourth he deposes that the articlated John Priddy by the space of 12 months viz.
from Michaelmas last past was twelve months unto Michaelmas lastand then departed from her was
household
servant unto the articlated Joan Castle, and
at Michaelmas last he departed from her. And he knows this because he says and deposes that by all the most
part of the said space, he being a parishioner of West Pennard and dwelling within half a quarter of a mile unto the said Joan Castle, has seen the said John
Priddy
do such necessary business as she had to do, viz. in going with her plough and in the Summertime making of her hay and all other necessary business to be done by such a servant or
hind.
And further says that the articlated Mary Bower was
from Easter Wednesday until after Michaelmas last in the house of the said Joan Castle and did by all the said space
do
such covenient work and business as was by her to be done as a servant, but not being in
covenant with her as she herself has confessed unto this deponent. And he knows this as he says and deposes.
To the fifth he deposes that within the parish of West Pennard she, the articlated Mary Bower, is accounted and taken for a very poor wench and not reckoned to be of credit sufficient to take an oath yet reputed an honest maiden and otherwise he knows nothing.
To the final he deposes that what he has deposed is true and as reported.
A husbandman is an agricultural worker. Male depositions: occupational or social status descriptors (e.g. baker, joiner, yeoman) were typically recorded in the brief biographical statement at the beginning of the deposition.
In describing when a particular event had taken place, witnesses often reported the time in relation to the liturgical calendar (e.g.referring to church seasons and feast days).
'Whore' was an actionable word in the church courts.
'Hind' is another word for a (farm) servant.
Witnesses were asked to sign their depositions: signatures range from full names to simply initials or marks (sometimes images linked with trades).
Thomas Lane's testimony differs from those given by other witnesses. His account raises the question of whether Joan Castle specifically called Richard Illary’s wife a whore. This evidence highlights the importance of studying depositions as carefully constructed narratives rather than as unmediated accounts of events.
Exceptions to witnesses: witnesses were produced by Richard Illary to raise ‘exceptions’ or issues with the witnesses produced by Joan Castle (see Case 3.2.)
As Joan Castle's servant, John Priddy's testimony might be discredited, as he was dependent on Joan for food, drink, lodging and wages.
The tasks that a male servant might be expected to perform here relate predominantly to husbandry.
The tasks that a female servant might be expected to perform here are non-specific.
'Dame' is used to denote a female employer.
Mary’s employment in service was casual as she was not a covenant servant (i.e. a servant with a contract).
Statement of worth: in interrogatory questioning, witnesses were often asked to state how much they (or another witness) were worth (all debts paid). The question was designed to discredit witnesses based on their economic value. Reputation and credibility was linked to economic wealth; those of higher social status and wealth were presumed to be more trustworthy. Some described their worth as a cash value, some in terms of the goods they owned and others talked about their worth in much broader terms (e.g. 'not much worth').
The same witness is produced by both parties (see Case 3.2).
'Marry' acts as a discourse marker here, often used to express surprise.
The words 'contest' or 'precontest' were used to refer to someone who was also a witness and had given a testimony in the same case.
This is a dispute between private parties, known in the church courts as an instance suit.