Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
I
During December 1605 there was a commotion at the inn of
Edward Freme in Evesham, Worcs. For, in a room at the Swan,
a group of townspeople had hatched a plot to blacken the name
of a certain George Hawkins, and so make him the laughing-
stock of the neighbourhood. Hawkins, a local squire, an attorney
of the borough court and a steward of the hundred of Blakenhurst,
was alleged to have fathered a bastard child. It was a transgression,
real or imagined, for which the conspirators were to censure him
by means of a piece of imaginative ridicule of a kind familiar to
life in early modern England. For these people were composing
a "libel", and George Hawkins was to be "balladed".3
None of the libellers seem to have been able to write, since in
order to commit their message to paper, and so give it maximum
publicity, they sought the services of three travelling tradesmen
from Coventry, Lancelot Ratsey, Alexander Staples and William
Hickman, who happened to be lodging at the Swan. They told
them that Hawkins "was a man of that lewdenes" which they
claimed and persuaded them to serve their turn. Accordingly,
Ratsey, "dyd in paper drawe . . . three sevrall pictures or images,
3
Public Record Office, London (hereafter P.R.O.), STAC 8/178/20; STAC 8/178/37.
This done, Ratsey made multiple copies of the ballad and "did
drawe the same uppon a walle". He and the others then set out
to "caste abrode, devulge, publishe, and singe the same in dyverse
and sonderye open and publicke places, and dyd sett upp and fix
the same uppon dyverse and sundry doors, walls and posts to the
intente that the same might be made knowne unto all mannor of
persones whatsoever, to the utter infame, scandale and disgrace
of [Hawkins]". At the Swan they performed the scurrilous ditty
and "dyd fix the same uppon walls and doors in the said house
to the intent that all persones might take notice thereof". They
"did laughe and jeste att the said pictures", encouraging strangers
passing through to do the same. Finally, they gave copies to
II
Makers of ballads and libels were regularly being brought before
the courts in early modern England. Libel and slander had tradi-
tionally been considered moral offences, dealt with by the ecclesi-
astical authorities, but during this period they also came to be
7
Edmund Spenser, The Faerie Queene (1596), V, ix, 25, in Spenser: Poetical Works,
ed. J. C. Smith and E. De Selincourt (Oxford, 1912), p. 318 (I am grateful to Andrew
McRae for drawing this reference to my attention); Ben Jonson, Bartholmew Fayre
(1631), II, ii, in The Works of Ben Jonson, ed. C. H. Herford and Percy Simpson, 11
vols. (Oxford, 1925-52), vi, p. 41; George Chapman, Monsieur d'Olive (1606), III, i,
in The Works of George Chapman: Plays, ed. R. H. Shepherd (London, 1874), p. 129;
Thomas Heywood, The Fayre Mayde of the Exchange (1607), HI, ii, in The Dramatic
Works of Thomas Heywood, 6 vols. (London, 1874), ii, pp. 46-7; Philip Massinger,
The Parliament of Love (1624), IV, v, in The Plays and Poems of Philip Massinger, ed.
Philip Edwards and Colin Gibson, 5 vols. (Oxford, 1976), ii, p. 158; and for similar
examples, see William Chappell, Popular Music of the Olden Time, 2 vols. (London,
1853-9), i, pp. 252-4; ii, pp. 422-3.
8
C. R. Baskervill, The Elizabethan Jig and Related Song Drama (Chicago, 1929),
ch. 2; N. J. O'Connor, Godes Peace and the Queenes: Vicissitudes of a House, 1539-1615
(London, 1934), pp. 108-26; Sisson, Lost Plays of Shakespeare's Age, chs. 2-4; C. L.
Barber, Shakespeare's Festive Comedy: A Study of Dramatic Form and its Relation to
Social Custom (Princeton, 1959); Mildred Campbell, The English Yeoman under
Elizabeth and the Early Stuarts (London, 1960), p. 152; see also Records of Early
English Drama: Cumberland, Westmorland, Gloucestershire, ed. Audrey Douglas and
Peter Greenfield (Toronto, 1986), pp. 195-8, 235-8.
9
J. F. Stephen, A History of the Criminal Law of England, 3 vols. (London, 1883),
ii, pp. 298-395; W. S. Holdsworth, A History of English Law, 17 vols. (London,
1903-72), v, pp. 205-12; viii, pp. 333-78; W. S. Holdsworth, "Defamation in the
Sixteenth and Seventeenth Centuries", Law Quart. Rev., xl (1924), pp. 302-15,
397-412; xli (1925), pp. 13-31.
10
Holdsworth, History of English Law, v, pp. 208-12; T. G. Barnes, "Due Process
and Slow Process in the Late Elizabethan and Early-Stuart Star Chamber", Atner. Jl
Legal Hist., vi (1962), pp. 221-49, 315-46; T. G. Barnes, "Star Chamber and the
Sophistication of the Criminal Law", Criminal Law Rev., 1977, pp. 316-26.
11
William Hudson, "A Treatise of the Court of Star Chamber", in Collectanea
Juridica: Consisting of Tracts Relative to the Law and Constitution, ed. F. Hargrave, 2
vols. (London, 1791-2), ii, p. 100; British Library, London (hereafter Brit. Lib.),
Lansdowne MS. 620 (Reports of the Starr-Chamber Cases. From Pasch. 1. Car. 1. to
Hill. 3. Car. 1. inclusive), fos. 50"-51'; Richard Crompton, Star Chamber Cases
(London, 1630, S.T.C. 6056), pp. 10-11.
All such things might detract from the name and reputation of a
person and materially effect the "credit" upon which so much
of his or her ability to function within a community was based.
Many libels alleged sexual misdemeanour or at least employed
sexual imagery and innuendo, for regardless of circumstance this
was the most ready and potent means to shame and to mock.13
Litigation at Westminster was an inconvenient and costly busi-
ness, and this is reflected in the social status of those engaged in
Star Chamber actions. Of the 8,228 cases of all types brought
before the court during the reign of James I (1603-25), 64 per
cent involved plaintiffs stated to be from the wealthier ranks of
society: nobles, gentlemen, professionals and merchants. The
remaining 36 per cent came from the middle and lower social
orders: the yeomanry, in particular, together with husbandmen,
artisans and labourers. The rank of defendants, though less easy
to determine, suggests equally that "Star Chamber litigation was
gentlemen's business, first and foremost".14 The cases involving
defamation reveal even more of a social bias among plaintiffs; of
the 577 suits heard by Star Chamber in this period, only 115, or
20 per cent, were entered by litigants designated to be of
"yeoman" status or below. However, a total of 212 causes, or
nearly 37 per cent, involved defendants from these middling and
lower levels of society.15 The latter statistic is, of course, the
12
Hudson, "Treatise of the Court of Star Chamber", p. 100.
13
The court deemed the composition of a "libel" to be an offence, regardless
of whether or not the allegations which it made were true. Early in the reign of
Charles I, Richardson L.C.J. ruled in Frere v. Bennett, Langdon and Aylett that
"though the truth bee that the plaintiff is incontinent, yet it is a rule in lawe and in
this court that a libell can noe way be justified": Brit. Lib., Lansdowne MS. 620, fo.
35"; and see Houghton Library, Harvard University, fMS. Eng. 1084 (Camera Stellata:
Reportes of the Starrchamber, Pasche Primo Caroli Regis), fo. 6C.
14
T. G. Barnes, "Star Chamber Litigants and their Counsel, 1596-1641", in J. H.
Baker (ed.), Legal Records and the Historian (London, 1978), p. 10. These figures
include those of unspecified status who "can be presumed to have been of the
lower orders".
15
In the 577 cases involving defamation before the Jacobean Star Chamber the
number of suits entered by principal plaintiffs, broken down according to social
(com. on p. 57)
(n. IS cam.)
status, was as follows: King (6); Peer (15); Baronet (6); Knight (64); Esquire (98);
Gentleman (153); Professional (76); Merchant (41); Yeoman (56); Husbandman (4);
Artisan (18); Labourer (1); Corporate Body (3); Unspecified (36). The social status
of principal defendants in these cases was: Peer (3); Baronet (4); Knight (48); Esquire
(63); Gentleman (139); Professional (74); Merchant (34); Yeoman (41); Husbandman
(14); Artisan (22); Labourer (1); Unspecified (134). In practice, many causes involved
multiple plaintiffs, and the majority cited multiple defendants whose social status was
usually the same as or lower than the individual principally sued. These calculations
are based on the data in T. G. Barnes el al. (eds.), List and Index to the Proceedings
in Star Chamber for the Reign of James I (1603-25) in the Public Record Office, London,
Class STAC8, 3 vols. (Chicago, 1975), iii, pp. 351-61.
16
For discussion of libellous verses attacking great persons of state which could be
produced and circulated at the highest social levels, see Richard Cust, "News and
Politics in Early Seventeenth-Century England", Past and Present, no. 112 (Aug.
1986), pp. 66-9; Pauline Croft, "The Reputation of Robert Cecil: Libels, Political
Opinion and Popular Awareness in the Early Seventeenth Century", Trans. Roy. Hist.
Soc, 6th ser., i (1991), pp. 43-69; Alastair Bellany, " 'Raylinge Rymes and Vaunting
Verse': Libellous Politics in Early Stuart England, 1603-1628", in Kevin Sharpe and
Peter Lake (eds.), Culture and Politics in Early Stuart England (London, 1994),
pp. 285-310.
17
Brit. Lib., Lansdowne MS. 639 (Isaac Cotton, "The Course and Manner of
Prosecution of Causes in the Highe Court of Starchamber", 1622), fos. 88, 105;
Hudson, "Treatise of the Court of Star Chamber", p. 154.
when John Peter, a fuller from Tiverton, Devon, was before the
court in 1611 accused of inventing some scandalous verses against
Robert Reede, a wealthy clothier and local worthy, Reede was
obliged to admit that "not having himself seene or heard them
written or spoken as they were first devised, written, spoken,
and published", he could not "preciselie sett [them] downe for
the better colouringe and strengtheninge" of his case. Peter was
legitimately entitled to answer, as a result, that an accusation
without the texts, "without shewinge in what sort or what the
same were, ys utterlye uncerteyne and insufficient in the lawe".18
Fortunately, the burden of proof ensures that, in the great major-
ity of cases, both the circumstances and the precise contents of
such compositions can be retrieved.
The difficulty in producing a copy of some libels was a con-
sequence of the fact that many of them were intended to be
chanted or sung; they were transmitted orally to the extent that
some were never written down at all. This was so in the case of
a ballad invented in the summer of 1611 by John Penne, a
husbandman of Belbroughton, Worcs., against the local vicar,
Thomas Tristram, and entitled "The Parson and his Mare".
Tristram could not "attaine to have anie copies therof in wryting
in respect the said John Penne dooth only sing and utter the same
by word of mouth". He would perform it "with a lowde and
high voice . . . not only [at] fayres and other great assemblies
and concourses of people but also in publique tavernes and ale-
howses", claiming that all clerics simply "conned a ballet without
booke and thereof made a sermon".19 Penne was probably unable
to write, and he was just one of many libellers who were illiterate
in some sense. Of course, it must have been a good form of
defence to claim as much in court when accused of having devised
and copied a scurrilous text. But almost all bills of complaint
were prepared to recognize that the defendants might not have
drawn up the libel personally; that they "did write and make, or
cause to be written and made" was a standard formula.
But the inability to write by no means denied people access to
the realm of script in this context, or in any other. All communit-
ies had at least one person, perhaps a cleric or a pedagogue, an
apprentice or a schoolboy, who was able and willing to perform
such functions. Indeed, some individuals seem to have been well-
18
P.R.O., STAC 8/253/18, mm. 3-4.
"P.R.O., STAC 8/281/13, m. 2.
20
E m m i s o n , Elizabethan Life: Disorder, p . 7 4 ; Sisson, Lost Plays of Shakespeare's
Age, p. 132. For a cameo of a professional ballad-writer who makes "libels" into
"metre", see J. H., Two Essays of Love and Marriage (London, 1657), p. 91.
21
Guildhall Library, London, Bridewell Court Books, vol. v, fo. 10v (I am grateful
to Paul Griffiths for this reference); Reports of Cases in the Courts of Star Chamber
and High Commission, ed. Samuel Rawson Gardiner (Camden Soc., new ser., xxxix,
(ami. on p. 60)
31
O n publication a n d circulation in manuscript, see Harold L o v e , Scribal Publication
in Seventeenth-Century England (Oxford, 1993).
32
P.R.O., STAC 8/152/11; STAC 8/151/7, m. 2; STAC 8/156/29, mm. 2-3.
Significantly, the fact that libels were at one and the same time
both written and spoken, simultaneously oral and textual so that
the distinction between the two had almost no meaning, was
reflected in the contemporary law of defamation. "For a libell
may be in word as well as in writing", ruled Lord Chief Justice
Richardson in a case of "slander" before the Star Chamber in
1631.34
As written texts, then, libels were intended to be repeated
aloud to those who could not read; as songs also, they were often
set to popular tunes. "Better to be sung than to be redd, to the
tune of Bonny Nell", instructed one verse composed at
Nottingham in 1617; an apothecary of the town, Thomas Aldred,
certainly thought it was hilarious "in regarde of the strangness
and conceyted tune sett to it". The celebrated tunes "Phillida
Flouts Me" and "Fortune my Foe" were among the musical
backings to the libellous song-drama performed by a group of
travelling players at Osmotherley, North Yorks., in December
1601. A scatological ballad invented during the summer of 1608
by Thomas and William Tickell of Much Brickhill, Bucks., to
publicize the alleged fornication of Dorothy Poole and William
Abraham, was set "to a new tune called Pryde and Lecherie":
pipeinge and fidling, running and ranginge upp and downe the
countrie from place to place to gett their livings at fayres, marketts
and idle meetings and merrements", to perform the many songs
he had conceived in derogation of Thomas Shillito, the high
constable of Barkston. At Aberford, Ferrybridge, Pontefract and
Knottingley, among other places, they entertained the locals "in
diverse and sundrie alehouses and innes and in diverse and sundry
companies drawne together of purpose to heare the same songs,
rithmes and libells and to reioyce and laugh thereat in scornfull,
derideinge and infamous manner".36
The references to tunes suggest that some of those who made
up extempore rhymes and songs may well have been drawing
upon, or at least operating within, a milieu of established and
familiar commercial print. In their named tunes or titles, their
conventional division into two parts, and in other features of
format, style and length, a small number of libels echoed the world
of the broadside ballad.37 Some authors appear to have copied
directly from favourite items of popular literature. A long ballad
composed and circulated in the city of Gloucester on 20 February
1609 by James Cowarne and Morris Attwood, mercers, together
with a group of other men, mostly servants, contained references
to the renowned Reynard the Fox and to Pasquil, the great patron
of anonymous lampoons. It also embodied a crude version of A
Moste Strange Weddinge of the Frogge and the Mowse which predates
the earliest previously known text of this famous song.38 One ditty,
made in December 1612 by James Ball of Wellingborough,
Northants, which he did "openly and with a highe voice publishe
^Sisson, Lost Plays of Shakespeare's Age, p. 198; P.R.O., STAC 8/113/3; STAC
8/275/22, m. 2.
37
For examples of the contemporary printed ballad, the major collections are The
Roxburghe Ballads, ed. William Chappell and J. Woodfall Ebsworth, 9 vols. (London,
1871-99); The Shirburn Ballads, ed. Andrew Clark (Oxford, 1907); Old English
Ballads, 1553-1625, ed. Hyder E. Rollins (Cambridge, 1920); The Pepys Ballads, ed.
W. G. Day, 5 vols. (Cambridge, 1987); for discussion, see Hyder E. Rollins, "The
Black-Letter Broadside Ballad", P.M.L.A., xxxiv (1919), pp. 258-339.
^P.R.O., STAC 8/285/27, m. 8. The earliest known reference to this song dates
from 1549; it was licensed as a broadside ballad by the Stationers' Company in
November 1580; the earliest copy of the text known hitherto is that in Thomas
Ravenscroft, Melismata. Musical! Phansies, Fitting the Court, Cilie, and Countrey
Humours (London, 1611, S.T.C. 20758), sig. F F ; a rather different version has been
a favourite of children since the nineteenth century as "A frog he would a-wooing
go": see Hyder E. Rollins, "An Analytical Index to the Ballad-Entries (1557-1709)
in the Registers of the Company of Stationers of London", Studies in Philology, xxi
(1924), p. 158; The Oxford Dictionary of Nursery Rhymes, ed. Iona and Peter Opie
(Oxford, 1951), pp. 177-81.
42
O ' C o n n o r , Godes Peace and the Queenes, p . 120. The Frere and the Boye was first
printed in England by Wynkyn de Worde, 1510-13, and was registered as a ballad in
1586: Rollins, "Analytical Index", p. 84.
43
P . R . O . , STAC 8/98/20, m . 27; The Murtherous Life and Terrible Death of the Riche
Jew of Malta was registered in 1594: Rollins, "Analytical Index", pp. 161-2.
the same put into verse, purposing to have had the same put into
print". 44
On 1 March 1607 Richard Rotten, a weaver from Moseley,
Worcs., together with his brother John, and William Pretty from
Yardley, contrived three ballads accusing a local girl, Anne
Bellamie, of an illicit affair with a married man, Richard
Nightingale of Tipton, Staffs. Several of those who happened to
be in John Tomlinson's alehouse in Moseley four days later
testified to hearing Richard Rotten singing them to a tune which
they recognized as "Jamey". He was also said to have had copies
made which he "dispersed on the backside or neare . . . his
dwelling howse", set up in his shop, "spread and cast abroade
. . . in divers places" and would "laughe and reioyce at the verses
and contents thereof". In addition, the composition was sent to
the capital to be set in type, for it was apparently "Imprinted at
London at the signe of the woodcocke in Paules Churchyarde".
The polish and the standardized format of the printed forms
suggest that a professional writer may have been employed at
this stage to improve the quality of the work for the press. No
copy of this broadside is extant, but the whole text survives in
the Star Chamber cause papers, transcribed by the clerk of the
court. One ballad was entitled "A Pleasant New History /
Declaring of a Mysterie / Of Richard Nightingale by name / and
Anne Bellamie of Dods Lane. You may sing it to a merry new
tune". Another was now set, rather loftily, "To a pleasant new
tune called Marcus Tullius Cicero".45 It ran:
speech. Many of the versifiers who could record their work wrote
as they spoke, rhyming in the cadences of regional pronunciation
and expressing themselves in the vocabulary of local dialect. The
libels of the unlettered were sometimes hardly songs or ballads
in any formal sense, but more like "rabblements of words without
rime or reason".
Ill
In their deployment by people of humble origin, these railing
rhymes and lampooning songs could be very much the products
of the "alternative" society of the alehouse. Almost all were
explicitly stated to have been composed over a pot of ale and
handed out or repeated in taverns and inns. "If anie man aske
who made this rime / Yt was Steven Corkrum in a drinkinge
time", concluded one squib composed at a tippling-house in
Pyworthy, Devon, in May 1612 and sung on "alebenches and
other places in most scoffing, lewd and obscene manner".46
Denied the right openly to question those in authority, it was
only away from their watchful eyes that people were able to vent
grievances freely. The alehouse offered a sanctuary for relative
freedom of speech, for cathartic release in story and song, jest
and mockery; it provided the chance to ridicule in private those
whom it was an offence to challenge in public. These ballads of
popular invention were, like so much oral culture, inherently
subversive and irreverent, implicitly running counter to the
norms and values of society's elite and sometimes challenging
them explicitly.47
Indeed, many of the libels brought before the Jacobean Star
Chamber that were composed by those of lowly social status, and
therefore tended to be directed at persons of higher rank, had
subversive overtones of some kind. It was this perceived threat
to the social order which caused the Star Chamber to take an
ever more dim view of the crime. Counsel for the plaintiff in a
case of 1608 made it clear that persons of "good credit":
fingers make the signe or token of homes and poynt att [him]
therewith", with such resulting shame to him and his wife that
it "were likely not only to cause a seperacion between them but
alsoe were lyke to have bereaved them both of their lyves through
the grief, sorrowe and discontentment which they conceyved att
the said scandalous imputations". Such indeed came to pass in
the case of Joan Cunde and her husband Henry, the vicar of
Montford, Shropshire. Joan was the victim of an "infamous
lybell" in August 1604 which ruined her marriage and to which
she "tooke such an inward grief and sorrowe that she presentlye
fell sicke and pyned, wasted and consumed away, and shortly
afterward dyed".S2
Very similar circumstances surrounded the "sundrie reproache-
full, scandalous and infamous libells . . . in words as in writings"
directed against Henry Collins of Winscombe, Somerset. Collins
was another wealthy clothier who employed "many poore and
distressed people", and was also a village constable who regularly
presented miscreants to the authorities. In doing so he incurred
the wrath of one John Hawker who, as a weaver and "a common
haunter of alehouses, a night walker, and a notorious offender in
many other disorders and greevous misdemeanors", had both
professional and personal reasons to resent Collins. On 16 May
1624, Hawker, together with fellow weavers William Staple and
George Bullford, invented "balletts, rymes, songs and other
infamous speeches" claiming that Collins, a married man, had
been seen in the trees of Maudlines Grove with Hawker's niece
Ann. They alleged that he had also lived incontinently with many
women, that he was a bad debtor, and thus a person of no credit.
They deliberately sang these ballads in front of Collins's circle of
friends, "the better sorte" of the neighbours, and among his
"kinsfolkes". The result, he claimed, was that he was shunned
by all and became afraid even to leave his house. Professionally
he was "utterlie forbarred and frustrated from the following of
his trade and thereby utterly undonne and overthrowne". When
the ill fame reached Collins's wife she believed the "rumors and
rimes to be true" and "theruppon became frantick".53
The "better sort", so often the victims of these scurrilous
songs, could frequently be heard denouncing libellers and their
alehouse culture. Such was the reaction to the ballad composed
52
P.R.O., STAC 8/253/18, m. 4; STAC 8/100/18, m. 8.
53
P.R.O., STAC 8/88/7, m. 2.
54
P.R.O., STAC 8/153/5, mm. 4, 8.
greeved and ashamed thereof and for shame went from him and
left him alone in such manner".55
Libels were obviously an effective way in which people might
jeer at, and so assault and wound, their betters. Historians gener-
ally tend to regard social relations in early modern England as
being characterized by a nexus of paternalism and deference. In
normal circumstances, landlords, masters and figures in authority
offered their protection to the lower orders (more or less) in
return for a tacit acceptance of the existing hierarchy of wealth
and power. Sometimes this reciprocity was disturbed when the
governors abused their position, or when the governed expressed
their grievances in the violent protest of riot and rebellion.56 But
the evidence of libels suggests that another dimension might be
added to this rather polarized model. Between the extremes of
acquiescence and unrest there was a whole dynamic of interper-
sonal tensions, an oscillating interplay of conditional respect and
cautious mutuality by which, in practice, people lived together
across the gulfs of inequality and negotiated the day-to-day con-
figurations of their vertical relationships.
It has been suggested that the facade of paternalism and defer-
ence may obscure a reality of animosities, but that "we catch
sight of it only rarely".57 Mockery in rhyme and song, however,
begins to open up something of the shadowy world of social
relations. For clearly, ordinary men and women, no matter how
illiterate, were not inarticulate when it came to expressing their
opinions and they could do so through a subtle and extremely
powerful complex of channels. The effects might be just as dam-
aging to victims as any physical assault, indeed perhaps much
more so, for, whatever the widening horizons and affiliations of
the "better sort" in this period, the loss of reputation among
their immediate neighbours still mattered greatly to most.
There were few more effective ways in which people might
give vent to discontent with their overlords than by composing
a railing rhyme against them. Such things might be sung among
the victim's friends and family and, if they could be written out,
posted up in public or left on their doorsteps. Often they were
55
P.R.O., STAC 8/190/7, m. 13; STAC 8/153/29, m. 1; STAC 8/51/2, m. 2.
56
For the best summary of social relations in this period, see Keith Wrightson,
English Society, 1580-1680 (London, 1982), pp. 57-65.
57
Barry Reay, "Introduction", in Reay (ed.), Popular Culture in Seventeenth-
Century England, p. 23.
IV
Verse libels offer valuable insight into the mental world of those
at the least literate levels of English society in the early modern
period, identifying them as producers and creators rather than
merely as consumers and appropriators of their cultural reper-
toire. As such, they demonstrate some of the relationships
between orality, literacy and print even in contexts where reading
ability was highly selective and writing skills were rare. They
65
P.R.O., STAC 8/205/19; STAC 8/205/20; Huntington Lib., Ellesmere MS. 5956.
In July 1607 a libel was thrown into the parish church at Caistor, Lines., entitled
"The Poor Man's Friend and the Gentlemen's Plague", and beginning, "You gentle-
men that rack your rents and throwe downe land for corne": H.M.C., Twelfth Report:
Appendix, iv (London, 1888), p. 406.
66
265 out of the 577 defamation causes (46 per cent) involved men and women of
"yeoman" status or below as either plaintiff or defendant. On the massive increase
in litigation during this period, see C. W. Brooks, Pettyfoggers and Vipers of the
Commonwealth: The "Lower Branch" of the Legal Profession in Early Modern England
(Cambridge, 1986), chs. 4-5.
67
John Selden, Table Talk, ed. S. H. Reynolds (Oxford, 1892), p. 105.