Response to a defamation action in 1754

[Llanfihangel]

I obtained a copy of a defamation action taken against Thomas Williams of Battle by Jennet Powell in 1654  for Defamation. Libel. In bound volume SD/CCB/59 the Library  of Wales.

There is a response in the margin that I can't quite make out.. I would very much appreciate some help!

The response is attached.

Once again, many thanks for your attention!!

LLanfi 

[Llanfihangel]

Hi,

the defamation action was in 1754 not 1654!

Sorry!

Llanfi 

[Bookbox]

Best I can do …

Watkin
The App(arito)r return’d
the Citation and made
Oath [of the?] due Execu-
tion thereof whereupon
the r[espondent?] was thrice
Call’d […] the Judge
at the Peti(t)ion of Watkins
[…eing?]* his Contu-
macy in not Appear(ing)
decreed him Contuma-
cious and reserved the
prem(ises) of his Contempt &
Continued the Certificate
[for?] the Execution of the
s(ai)d C(i)t(ation) to the next Court day
the Contempt [deleted]

* I’d expect this word to be accuseing, but it doesn’t look like it.

Essentially, the respondent (Williams) had been served with a citation (for defamation) by the court official (Watkin). Williams had been called three times, but he didn’t turn up and was therefore in contempt of court. The judge has postponed the case until the next sitting. As it’s a church court, anyone in contempt would be at risk of excommunication.

[Llanfihangel]

Hello Bookbox,

Thank you for your help once again. I think this family had a long history (possibly of Catholic background) as a previous Court case also ended in excommunication.
The previous citation was:

Parties: Henry Mitchell, gentleman John Thomas, Samuel Pritchard and John Prosser, farmers of tithes of battle versus John Williams of same. Context: Subtraction of tithes. Libel (copy); Schedule of Excommunication of respondent for not putting in Personal Answer.


Best Wishes!

Llanfi 

[Bookbox]

I think this family had a long history (possibly of Catholic background) as a previous Court case also ended in excommunication.

No, not Catholic. These cases were heard by the Bishop’s Court of St David’s, which is part of the Established Church in Wales.

The purpose of church courts was to maintain spiritual discipline amongst the clergy and parishioners, hearing cases that offended against Canon Law. These were usually offences of a moral kind, e.g. defamation, fornication, marriage disputes, retention of tithes etc.

Excommunication was a common punishment for contempt of court, but offenders could later be absolved and restored to the church community.

[Llanfihangel]

Hello Bookbox

Thanks for clearing that Catholic remark for me..

I am awash with John and Thomas Williams in Battle right now, and every little bit helps.

I am looking for the parents of  William Williams Shopkeeper of Trecastle whose Will is on the Library of Wales Website

His Will was probated in 1808.

He had a daughter Cicelia so I think his mother's name was Cicely.

There is a Will for a Cecilia Williams Brecon in 1764  and they (Thomas and Cisly)had a son William in 1741 but he died the same year..

Cheers,

David Pugh

[Llanfihangel]

To Bookbox

Please ignore my last response to Bookbox. My statements regarding the Williams family aren't appropriate to this thread.

However, the knowledge that excommunication was a common (and not necessarily religious) punishment is really helpful.

Thanks, and my apologies to all of you for my digression!!!

Llanfi

[Bookbox]

No problem, Llanfi. Good luck with finding your Williams.