Ref: EDC 5/1/1
Catalogue Entry:
Sentence of divorce between Ellen Knottisford & Ralph Bury of pa. Huyton co. L. 30 Sep. 1525
Summary:
Ellen Knottisford contra Ralph Bury. Ellen Knottisford had been married while under age to Ralph Bury. She had always objected to the marriage and sworn witnesses confirmed that the marriage had never been consummated.
This is the earliest of the surviving Chester Cause Papers and was heard while the consistory court was under the control of the archdeacon of Chester in the bishopric of Coventry and Lichfield.
Original Document
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Translation
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[…] having been seen and understood and fully investigated by us, the official […] of a matrimonial or divorce cause which is disputed and now depending undecided between [Ellen Knottisford] on the one [part] and Ralph Bury of the parish of Huyton of Coventry [and Lichfield diocese] on the other […] the parties aforesaid […] before us […] definitive [sentence] may be passed and published in the said cause and with no [little] urgency that justice may be done […]
The whole and entire proceedings had and done before us in the said cause having first been examined and diligently considered by us, and all and singular matters which according to law should be observed in this respect having been observed by us, we have thus thought fit to proceed to making the pronouncement of our definitive sentence in the afore-mentioned 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 before us in the aforesaid cause […] that Ellen Knottisford has sufficiently established and fully proved her claim in a certain libel judicially offered before us, of which, indeed […] is thus, In the name of God, Amen: before you, the worshipful etc. which here as read and inserted […] and that nothing to the contrary on behalf of the said Ralph Bury has been […] alleged or proved which could destroy or in any way […] weaken the petition of the aforesaid Ellen in that behalf […] acts enacted, brought propounded and confessed we fully and judicially find that the aforesaid Ellen […] being then young and before she had reached marriageable years through the planning of her parents, and objecting, to the same […] was and is joined in a certain pretended marriage, in fact but not in law, and she, Ellen, immediately after she reached […] has always objected, dissented and spoken against this pretended marriage and objects […] and speaks against at present. And furthermore, to avoid all damaging fear and suspicion of collusion in this matter […] she, Ellen, by the inspection of six honest and willing matrons, sworn in this behalf and by virtue of their oath […] that she was and is a virgin and was and is not known by her said pretended husband and any others whomsoever.
[…] this pretended marriage between the same Ralph and Ellen, as thus aforesaid made in fact but not in law […] by occasion and reason was and is of no force or authority but in all things was and is invalid, null and void and […] and we pronounce and declare that it lacked and was lacking the force of law, and we separate and divorce the same Ralph and Ellen from each other by this our definitive sentence which we pass and publish in these writings.
This sentence of divorce was passed and read on the last day of September in the 1525th year of our Lord, in the presence of John Burges and John Par, chaplains, and Ralph Venables, literate man, and of others.
Transcript
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[…] visis et intellectis plenarieque discussis per Nos offi[cialis] […]
[…] cause matrimonialis seu divorcij que coram nobis inter […]
[…] ex vna Et Radulphum Bury parochie de hyton Coun’ […]
[…] ex altera vertitur et pendet adhuc indecise prefatis partibus coram nobis […]
[…] diffinitiuam in dicta causa fieri et promulgari Justiciamque fieri cum instantia non […]
Rimato primitus per nos diligenterque recensito toto et integro processu coram nobis in dicta causa
[habito et] facto ac seruatis per nos omnibus et singulis de Jure in hac parte seruandis ad nostre sententie diffinitive
prolacionem in memorata causa et inter partes predictas ferendam sic duximus procedendum et procedimus [in hunc]
qui sequitur modum
Quia per Acta inactitata coram nobis in prefata causa comperimus et lucul[enter invenimus] […] Elenam Knottisford suam intentionem in quodam libello coram nobis Judicaliter oblato cuius quidem […]
[…] talis est In dei nomine Amen Coram vobis venerabili viro et cetera quem hic pro lecto et inserto […]
[suffic]ienter et ad plenum fundasse et probasse Nichilque ex aduerso per partem dicti Radulphi Bury fuisse […]
[…] allegatum seu probatum quod intentionem dicte Elene in hac parte elideret seu quomodolibet […]
[…] per acta inactitata deducta proposita et confessata in hac parte plenarie ac Judicaliter comperimus prefatam Elenam
[…] tunc impuberam et antequam ad annos nubiles pervenisset ac reclamantem ex medicacionem parentum suorum eidem
[…] de facto et non de Jure quodam pretenso matrimonio copulatam fuisse et esse Ipsamque Elenam statim postquam ad
[…] perveneret huiusmodi pretenso matrimonio semper reclamasse dissenssisse et contradixisse ac reclamare
[…] et contradicere in presenti Et vlteriusque ad evitandum omnem sinistrum collusionis metum et suspicionem in hac parte
[…] ipsam Elenam per inspectionem sex honestarum <et paritarum> matronarum in hac parte Juratarum et virtute Juramenti
[…] fuisse et esse virginem et pro dictum virum suum pretensum et alios quoscumque fuisse et esse in cognitam
[…] huiusmodi pretensum matrimonium inter eosdem Radulphum et Elenam sic vt premittitur de facto et non de Jure factum
[…] occasione et pretextu nullius efficacie aut momenti fuisse et esse sed omnino irritum cassum nullumque et
[…] fuisse et esse viribusque Juris caruisse et carere debere pronunciamus et declaramus Eosdemque Radulphum
et Elenam abinvicem separamus et diuorciamus per hanc nostram sentenciam diffinitiuam quam ferimus et promulgamus
in hijs scriptis
Lata et lecta fuit hec diuorcij sententia vltimo die mensis septembris anno domini <1525o> in presenciam
Johannis Burges et Johannis par capellanorum et Radulphi Venables literati et aliorum
Original Document
Click to view fullscreen
Translation
[5/1/1 image 2]
[Endorsement]
Sentence of divorce between Ellen Knottisford and Ralph Bury
[in pencil in a different hand]
30 Sept 1525
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2022 P J Cox All Rights Reserved
Transcript
[5/1/1 image 2]
[Endorsement]
Sententia diuorcij inter elenam Knottisford et Radulphum Bury
[in pencil in a different hand]
30 Sept 1525
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2022 P J Cox All Rights Reserved
People
John Burges – witness to the sentence
Ralph Bury – defendant
Ellen Knottisford – plaintiff
John Par – witness to the sentence
Ralph Venables – witness to the sentence