Ref: EDC 5/1566/1

Click to view fullscreen

[5/1566/1 image 1]

In the name of God, Amen: the merits and circumstances of a certain cause of restitution of conjugal rights which was recently disputed and is still disputed and pending undecided before us having been heard, seen and understood and fully investigated by us, Robert Leche, Master of Arts and Bachelor of Laws, commissary general of the right reverend father in God, William, by divine permission lord bishop of Chester, and lawfully deputed official principal of his consistory court, rightly and lawfully proceeding, between Henry Hall of the parish of Saint Oswald within the city of Chester and of our jurisdiction, the party plaintiff and complainant on the one part and Helen Hall, his wife, the defendant and party complained of on the other part; the party of the said Henry Hall earnestly demanding that justice may be done to him, by his proctor, William Man, Master of Arts,  lawfully appointed according to the acts of this court,  the party of the aforesaid Helen Hall, having been now cited many times to this day and place and being contumaciously absent, without a proctor, in view of her contumacy, at the petition of the said Master Man […] of Henry Hall, we proceed to passing sentence notwithstanding her absence.

The whole and entire proceedings had and done in this cause having first been examined and diligently considered by us, and having observed what according to law should be observed by us in this behalf, we have thus thought fit to proceed to making the pronouncement of our definitive sentence in the said cause between the parties aforesaid, and we do proceed in this manner which follows:

Forasmuch as we know and clearly find by the acts enacted, brought, alleged, exhibited, proved and confessed had and done before us in the said cause that the aforesaid Henry has sufficiently and fully founded and in like manner proved his claim in a certain libel of his given and offered before us (the tenor of which libel follows and is thus; In the name of God, Amen; before you, William, by divine permission bishop of Chester etc., which libel we wish to have here read and inserted) and that nothing effectual has been or is brought, alleged, exhibited and proved on behalf of the said Helen Hall which could destroy or in any way weaken the claim of the said Henry Hall.

Therefore we, the official aforesaid, having first called upon the name of Christ, and setting God alone before our eyes, from and with the advice of the learned in the law with whom we have consulted promptly in this behalf pronounce, decree and declare that the marriage entered into and solemnised between the said Henry Hall and Helen Hall is a true and lawful marriage; and we decree that he, Henry Hall, will be restored to possession of his conjugal rights to be provided to him by the aforesaid Helen Hall, his wife, and must be effectively restored; and we pronounce, decree, adjudge and declare that she, Helen Hall, ought to be effectively obliged and compelled to cleave to the aforesaid Henry Hall as to her lawful husband and cohabit with him and treat him with marital affection and we sentence her so to cohabit with her said husband by this our definitive sentence or this our final decree which we pass and publish in these writings.

This sentence was read and passed by the aforesaid judge in the chapter house of Chester cathedral on 14th November in the year of our Lord 1566, being then present there Robert White, Robert Hurleston, John Coke, Hugh Rolanson and with other witnesses etc..

Click to view fullscreen

[5/1566/1 image 2]

[Endorsement]

Sentence of Henry Hall in a cause of restitution of conjugal rights, 1566.

[Produced with the permission of the Chester Diocesan Board of Finance.]

Translation copyright ©2022 P J Cox All Rights Reserved