We are pleased to introduce the latest post in the Postgraduate and Early Career Takeover, by Hannah Reeve. It offers a new entry to our ‘Understanding Sources’ series that we began in 2016. Hannah is in her third year of her AHRC-funded PhD at Newcastle University, where she is currently researching the Hanoverian parish. Follow her on Twitter @Hannah_Reeve_.

Back in my MA days I stumbled across the Cause Papers. Fast forward five years and I still use them – almost daily – as part of my PhD thesis on the early modern parish. Misbehaving clergy? Check. Decayed and dilapidated churches? Check. Squabbles over pews? Check. Boozing during divine service? Check. Really, they have it all. In this short post, I want to share with you what makes the Cause Papers such a unique source and why almost anyone interested in early modern England should explore them.

First, however, the nitty-gritty. The Church courts functioned from the middle ages to the nineteenth century to hear cases on a whole host of matters relating to the Church, and these have survived to form the Cause Papers. Anything from cases of defamation to tithe disputes were heard, where plaintiffs (the person making the complaint) would bring their grievance to the attention of the judge and ask for the defendant (the offender) to be cited to court. Once in court, each party were to produce proof to support their version of events, and these usually took the form of witness statements. Each statement usually began (in Latin) with a personal description of the witness (such as name, where they were from, age and profession). The one below, for instance, is for twenty-seven-year-old James Smith, a York based bell-founder.[1]

The rest of the statement followed – usually in English – to describe the witness’s version of events. Once all the evidence had been gathered, the case would eventually move toward final sentencing, though some reconciled or admitted guilt prior to the final verdict. In some cases, a verdict of excommunication was decided, where the defendant would be expelled from the Church of England. Francis Milburne, for instance, was caught digging up the “dead bodys, and the bones and sculls of several dead men and women” in the churchyard of St Michael-Le-Belfry (York). In 1664, Milburne was presented to the courts to explain why these corpses had been “heaped against” the side of the church, causing a “filthy noysome smell” for the inhabitants of the parish and those attending divine service. In Milburne’s failure to desist in his shady undertakings, the Church courts excommunicated him in a last ditch attempt to save his soul and deter others from following in his footsteps.[2]

Despite the extensive paper-trail left behind, the Cause Papers remain an underused source. The following will therefore share six reasons why anyone with an interest in the early modern period should utilise them and hopefully draw attention to their potential for future projects.

Our latest Postgraduate and Early Career Takeover post is by Anna Cusack. She is a PhD student at Birkbeck, University of London, and co-edits the blog We Hang Out a Lot in Cemeteries. Anna works on the marginal dead of early modern London, focusing specifically on suicides, executed criminals, Quakers and Jews. You can find her on Twitter at @AnnaRCusack.

In 1721, Barbara Spencer was burnt for coining. Her execution was moved at the last minute from Smithfield to Tyburn, after a petition from Smithfield’s inhabitants against having women burnt there.[1] Barbara Spencer’s execution was still attended by a vast crowd, and the people of London did not seem too concerned with this form of execution if it was carried out on the margins of everyday life as opposed to in their neighbourhood. As the original petition for Spencer’s case is lost it is only from a simple newspaper entry that we know it existed, and other newspapers of the time reveal that this was not the only such objection.

By the eighteenth century, alongside the more common petitions of mercy that are found when studying the history of crime and execution, these types of petitions which I have termed ‘relocation petitions’ or, rather, the ‘not in my backyard’ petitions begin to appear and were often reported in the newspapers. The glimpses of the petitions that are visible in these reports show that they highlighted the sensory impact of executions, the problems of crowds, and the general nuisance that the execution would cause due to its proximity to daily life. They were not from the family nor friends of the individual facing execution and show no sympathy for the condemned. Instead, they purely defended the peace and comfort of the local community. Many were similar to the one asking to relocate Barbara Spencer’s execution, however these petitions were always case specific and not every execution held outside the main execution sites of Tyburn, Execution Dock, or, after 1783, in front of Newgate Prison, resulted in a petition for relocation. For example, on the 27 October 1779, fourteen-year-old Isabella Condon was burnt for coining at Smithfield, yet there is no evidence of a petition to relocate her execution.[2]

It was not just executions by burning that provoked relocation petitions. In July 1729, the newspapers reported that ‘Yesterday James Cluff was executed at Tyburn, for the Murder of Mary Green at the Green Lettice in Holborn. He was to have been executed over against the Door where the Murder was committed, but the Neighbours petition’d against it’.[3] The custom of hanging a felon on temporary gallows near the site of their crime, such as in Cliff’s case, had been declining since the late seventeenth century. This decline could also potentially be due to the impact the practice had on the daily lives of Londoners. Therefore, it is not too surprising that these types of petitions began to appear when they do alongside other shifts in the history of execution and the topographical changes of the metropolis.

Our latest Postgraduate and Early Career Takeover post is by Dom Birch. Dom (they/them) is a doctoral researcher at King’s College London who has just submitted their thesis ‘Parish, Participation and Power: Legal Pluralism in Early Modern England’ for examination.

I was drawn to history-writing because I wanted tell peoples’ stories. My ethical and political commitments, as a social historian, have pushed me to look for and recount the meaningful and inconsequential histories of ordinary early modern people. The somewhat obvious consequence of this commitment has been that the people who populate my work can be frustratingly anonymous.

The records I use—Church Court depositions—are full of gaps and individuals’ rarely turn up repeatedly. The longer depositions, and the fuller characters, stand out in my mind: Agnes Swales, from Osmotherly, who boasted about sleeping with three men in one night and told her neighbour that she hoped her future husband would be a `good doer’ in the bedroom; Joyce Griffiths who suffered from some kind of serious mental illness and was shunned by her neighbours on account of her `madd’ behaviour; and Emmanuel Trotter a vicar from Northumberland whose parishioners attempted to stop him collecting tithes using force, and pitchforks.

My deponents’ lives can be slippery but it is even harder to know the motivations of the court officials—the notaries and lawyers who shaped the documents I read as a historian. How much of the legalese is theirs? And what did they do when they weren’t listening to other early moderns describing their sex lives and tithe disputes?

The lawyers of the church court were men of some stature, but they too have left little information about themselves. They would have been trained in Canon or Roman law and would, in London, have populated the Doctors Commons and the area around St Paul’s. I have been unable to find specifics about their lives; except for Walter Horsell, a proctor and notary who worked in London in the late sixteenth century.