Difference between revisions of "Marriage"

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'''M1309 A:''' Taking of listed ecclesiastical items from a woman's chapel; first defendant tried to bar by alleging marriage with the woman.  A common law jury returned that she was not married to him or known to be so.  [http://aalt.law.uh.edu/E2/KB27no198/aKB27no198fronts/IMG_0094.htm]  
 
'''M1309 A:''' Taking of listed ecclesiastical items from a woman's chapel; first defendant tried to bar by alleging marriage with the woman.  A common law jury returned that she was not married to him or known to be so.  [http://aalt.law.uh.edu/E2/KB27no198/aKB27no198fronts/IMG_0094.htm]  
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'''M1310A:''' Marriage bars from prosecuting: Alina Lovel, indicted by men of Exeter and men of the hundreds of Bulleford and Buddelegh before Thomas of Raleigh, sheriff of Devon (1307) of receiving thieves, is suing Robert de Stokhaye for trespass (imprisonment for a year and a month), acknowledges that she is married to Geoffrey de Doncaster without whom she does not want and cannot sue. Robert is dismissed without a day [http://aalt.law.uh.edu/AALT7/E2/E13no34/aE13no34fronts/IMG_0059.htm] SJ
  
 
'''T1313 A:''' Grant of land by bride's father to couple secured by statute merchant that the land would be returned to the bride's father if there was a divorce.  There was a divorce.  [http://aalt.law.uh.edu/E2/KB27no213/aKB27no213fronts/IMG_0062.htm]
 
'''T1313 A:''' Grant of land by bride's father to couple secured by statute merchant that the land would be returned to the bride's father if there was a divorce.  There was a divorce.  [http://aalt.law.uh.edu/E2/KB27no213/aKB27no213fronts/IMG_0062.htm]
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*1352M:  Norfolk.  Presented that William son of Hugh Godesman of Norwich in 1350 raped Margaret daughter of William de Martham of Hemesby and then took her to Leryngsete and detained her for two months  and thereafter sold her to Bartholomew Deverow, who then married her against her will; afterwards there was a divorce between them.  William was acquitted by a jury.  [http://aalt.law.uh.edu/E3/KB27no369/bKB27no369dorses/IMG_9752.htm] rcp
  
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*M1357 A: Premunire (with some similarity to prohibition).  London.  Thomas de Seton knight (qui tam) v. Lucy late the wife of Robert de Coksyde and William de Langeton notary.  Lucy was already in prison.  [http://aalt.law.uh.edu/E3/KB27no389/aKB27no389frontsPt1/IMG_9972.htm], pleading: [http://aalt.law.uh.edu/E3/KB27no390/aKB27no390fronts/IMG_0545.htm] & [http://aalt.law.uh.edu/E3/KB27no390/bKB27no390dorses/IMG_0819.htm]:  Thomas accused Lucy of citing him to answer her in Roman court over lands and goods worth 3,500 ps.; he alleged damages of 10,000 ps.  Lucy pleaded that right after the death of Robert de Cokside her late husband she took a vow of chastity in the presence of many and would have taken the oath before the ordinary except that she was detained by grave sickness.  At that point she was assigned many goods as the purpart by church law of Robert's goods.  She also held lands:  some in dower and others at term of life and some heritably.  Thomas, attracted more by the wealth than by marriage, beat and imprisoned her and married her against her will.  Lucy maintained that she escaped as soon as she could and immediately went to the bishop of Durham to complete her oath of chastity.  Concerning the injuries she received from Thomas, she appealed from the bishop to Rome.  By his procurator Thomas asked for her to be delivered to him as his wife, whereas Lucy claimed that she persisted in her oath of chastity and that the marriage should be dissolved.  Thomas accepted the jurisdiction of the Roman court.  Thomas was thus cited to appear.  But because Thomas had her goods and had occupied her lands by reason of the marriage, she had no money to support herself, so her plea for support is the plea here complained of.  She proceeded by the testimony of witnesses to proceed each of the allegations, and Thomas defaulted, so that she prevailed by definitive sentence, with the divorce being the substantive case and the rest being accessory issues.  The marriage was thus dissolved and she was awarded damages to be paid by a certain day, and Thomas accepted that he would pay.  He did not pay and thus incurred a sentence of major excommunication.  Thomas then appealed, but his appeal was ruled false and frivolous and his excommunication was promulgated in London.  Thus everything she did was to dissolve the marriage so that she could fulfil her vow of chastity; the divorce was within ecclesiastical jurisdiction and everything else was accessory.  Thomas put his original allegations forward again and asked for a jury.  The jury delivered its verdict for Thomas.  Lucy immediately declared that the justices and jurors were false, thus in contempt of the crown.  Thomas recovered his damages, and Lucy was committed to the Fleet.  rcp
  
  
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*H1590 B: Buckinghamshire.  George Clark and Adrian his wife executor of John Norris late her husband v. John Hopkins executor of Richard Symondes.  Trespass on the case.  Richard on 1 March 1576 at Hitchenden, in consideration that John would marry Adrian the daughter of Richard, promised that he would pay John 40 p.s. when asked.  The married took place on 5 March 1576, but Richard did not pay.  [http://aalt.law.uh.edu/AALT7/Eliz/KB27no1312/aKB27no1312Pt1fronts/IMG_0501.htm] rcp
 
*H1590 B: Buckinghamshire.  George Clark and Adrian his wife executor of John Norris late her husband v. John Hopkins executor of Richard Symondes.  Trespass on the case.  Richard on 1 March 1576 at Hitchenden, in consideration that John would marry Adrian the daughter of Richard, promised that he would pay John 40 p.s. when asked.  The married took place on 5 March 1576, but Richard did not pay.  [http://aalt.law.uh.edu/AALT7/Eliz/KB27no1312/aKB27no1312Pt1fronts/IMG_0501.htm] rcp
  
*H1590 C: Suffolk. William Martyn v. John Keble. On 30 May 1588 there was a discussion between John Keble and one Elizabeth Mose concerning their marriage.  Thereafter John then on 30 May 1588 (still) at Sutton promised William to pay William 6 p.s. 13s4d after the marraige.  William in fact on 10 July 1588 travelled from Stonham to Elizabeth, who was then at Hollisley at his own expence and procured the marriage between John and Elizabeth on 21 July, and by that procurement the marriage took place. John, nevertheless, refused to pay. [http://aalt.law.uh.edu/AALT7/Eliz/KB27no1312/bKB27no1312Pt1dorses/IMG_0804.htm] rcp
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*H1590 C: Suffolk. William Martyn v. John Keble. On 30 May 1588 there was a discussion between John Keble and one Elizabeth Mose concerning their marriage.  Thereafter John then on 30 May 1588 (still) at Sutton promised William to pay William 6 p.s. 13s4d after the marriage.  William in fact on 10 July 1588 travelled from Stonham to Elizabeth, who was then at Hollisley at his own expence and procured the marriage between John and Elizabeth on 21 July, and by that procurement the marriage took place. John, nevertheless, refused to pay. [http://aalt.law.uh.edu/AALT7/Eliz/KB27no1312/bKB27no1312Pt1dorses/IMG_0804.htm] rcp
 
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Latest revision as of 01:30, 20 March 2016

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H1305 A: Familial discord and reconciliation. Walter Peytevyn v. William son of Simon Ayles. Alleged rape of Alice wife of Walter and taking of goods; Alice fled with goods to stay with friends and thereafter went with her husband when approached. [1]

M1306 A: Land transactions preparatory to marriage, followed by both marriage and divorce. [2]

M1309 A: Taking of listed ecclesiastical items from a woman's chapel; first defendant tried to bar by alleging marriage with the woman. A common law jury returned that she was not married to him or known to be so. [3]

M1310A: Marriage bars from prosecuting: Alina Lovel, indicted by men of Exeter and men of the hundreds of Bulleford and Buddelegh before Thomas of Raleigh, sheriff of Devon (1307) of receiving thieves, is suing Robert de Stokhaye for trespass (imprisonment for a year and a month), acknowledges that she is married to Geoffrey de Doncaster without whom she does not want and cannot sue. Robert is dismissed without a day [4] SJ

T1313 A: Grant of land by bride's father to couple secured by statute merchant that the land would be returned to the bride's father if there was a divorce. There was a divorce. [5]

H1315 A: Husband, accused of theft, fled Ipswich and thus left his wife unsupported. Wife's father took her back in and was then accused by the husband of taking his wife and goods and chattels. [6]

E1315 B: Master Thomas de Gerdeston archdeacon of Norfolk and Master Richard de Ryngestede his official made a summons in a case of divorce within the palace of Westminster. [7]

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H1348E: Som. Presentment that John de Uppehey broke into the room of Elizabeth Gorges at Wraxall in 15 Edward III and attempted to force her to marry him. She fled to the rectory of "Sheldefleet" where she hid for some months. [8]


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  • 1352M: Norfolk. Presented that William son of Hugh Godesman of Norwich in 1350 raped Margaret daughter of William de Martham of Hemesby and then took her to Leryngsete and detained her for two months and thereafter sold her to Bartholomew Deverow, who then married her against her will; afterwards there was a divorce between them. William was acquitted by a jury. [9] rcp
  • M1357 A: Premunire (with some similarity to prohibition). London. Thomas de Seton knight (qui tam) v. Lucy late the wife of Robert de Coksyde and William de Langeton notary. Lucy was already in prison. [10], pleading: [11] & [12]: Thomas accused Lucy of citing him to answer her in Roman court over lands and goods worth 3,500 ps.; he alleged damages of 10,000 ps. Lucy pleaded that right after the death of Robert de Cokside her late husband she took a vow of chastity in the presence of many and would have taken the oath before the ordinary except that she was detained by grave sickness. At that point she was assigned many goods as the purpart by church law of Robert's goods. She also held lands: some in dower and others at term of life and some heritably. Thomas, attracted more by the wealth than by marriage, beat and imprisoned her and married her against her will. Lucy maintained that she escaped as soon as she could and immediately went to the bishop of Durham to complete her oath of chastity. Concerning the injuries she received from Thomas, she appealed from the bishop to Rome. By his procurator Thomas asked for her to be delivered to him as his wife, whereas Lucy claimed that she persisted in her oath of chastity and that the marriage should be dissolved. Thomas accepted the jurisdiction of the Roman court. Thomas was thus cited to appear. But because Thomas had her goods and had occupied her lands by reason of the marriage, she had no money to support herself, so her plea for support is the plea here complained of. She proceeded by the testimony of witnesses to proceed each of the allegations, and Thomas defaulted, so that she prevailed by definitive sentence, with the divorce being the substantive case and the rest being accessory issues. The marriage was thus dissolved and she was awarded damages to be paid by a certain day, and Thomas accepted that he would pay. He did not pay and thus incurred a sentence of major excommunication. Thomas then appealed, but his appeal was ruled false and frivolous and his excommunication was promulgated in London. Thus everything she did was to dissolve the marriage so that she could fulfil her vow of chastity; the divorce was within ecclesiastical jurisdiction and everything else was accessory. Thomas put his original allegations forward again and asked for a jury. The jury delivered its verdict for Thomas. Lucy immediately declared that the justices and jurors were false, thus in contempt of the crown. Thomas recovered his damages, and Lucy was committed to the Fleet. rcp




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  • T1530 A: Cambridgeshire. John Goodale of Cambridge gentleman v. Thomas Goodwyn cleric. On 29 March 1530 Thomas granted to John, so that John would marry Thomas's cousin Katherine Causfilde, suitable drink, bed, bedding and house for both John and Katerhine and their horses and family to be taken at Westminster yearly from the time of the nuptuals until John became seised of a certain farm called Brunfield parsonage furnished with implements and necessities to the value of 20 p.s. per year. By virtue of the grant John married Katherine on April 8 at Broomfield, whereby action accrued to him for that support. Goodwyn appeared and gave no response, so that a jury was ordered to assess damages. [13] rcp

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  • H1590 A: Essex. Thomas Stronge v. Richard Greene. Trespass on the case. Def on 18 June 1582 at Hemingham Sible, in consideration that Pl would marry Jocosa daughter of Def, promised that he would pay 40 p.s. to Jocosa after the marriage when he was asked. Pl married Jocosa on 21 June 1582, but Def did not pay. [14] rcp
  • H1590 B: Buckinghamshire. George Clark and Adrian his wife executor of John Norris late her husband v. John Hopkins executor of Richard Symondes. Trespass on the case. Richard on 1 March 1576 at Hitchenden, in consideration that John would marry Adrian the daughter of Richard, promised that he would pay John 40 p.s. when asked. The married took place on 5 March 1576, but Richard did not pay. [15] rcp
  • H1590 C: Suffolk. William Martyn v. John Keble. On 30 May 1588 there was a discussion between John Keble and one Elizabeth Mose concerning their marriage. Thereafter John then on 30 May 1588 (still) at Sutton promised William to pay William 6 p.s. 13s4d after the marriage. William in fact on 10 July 1588 travelled from Stonham to Elizabeth, who was then at Hollisley at his own expence and procured the marriage between John and Elizabeth on 21 July, and by that procurement the marriage took place. John, nevertheless, refused to pay. [16] rcp

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