Ref: EDC 5/9/2
Catalogue Entry:
EDC 5/9/2 Sentence of divorce: Elizabeth & Thomas Stapulton of Alderley. 20 Apr. 1548.
Summary:
Elizabeth Stapultun contra Thomas Stapultun
Original Document
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Translation
[5/9/2 image 1]
In the name of God, Amen: the merits and circumstances of a certain cause of divorce and separation […] from bed and board having been heard, seen and understood and fully investigated by us, George Wilmesley, Bachelor of Laws, vicar general in spirituals of the right reverend father in Christ, John, by divine permission lord bishop of Chester, and official principal of his consistory to decide ecclesiastical causes within the diocese of Chester by the authority of the most illustrious lord Prince in Christ and our master, Edward the sixth, by the grace of God King of England, France and Ireland, Defender of the Faith and on earth supreme head of the English and Irish church, lawfully constituted deputy by the said reverend father which was disputed and is as yet disputed and pending undecided, between Elizabeth Stapulton of the parish of Alderley of Chester diocese, the party plaintiff and complainant on the one part, and Thomas Stapulton of the same parish , pretended husband of the said Elizabeth, the defendant and party complained of on the other part rightly and lawfully proceeding; the parties aforesaid appearing before us sufficiently and lawfully, through their proctors of record being lawfully constituted; while the party of the said Elizabeth fervently praying that sentence is passed and that justice may be done to her party and the party of the said Thomas praying that justice may be done to his party.
The whole and entire proceedings had and done in this cause having first been examined and diligently considered by us, and matters which according to law should be observed in this respect having been observed by us, we have thus thought fit to proceed to the pronouncement of our definitive sentence, and we do proceed in this manner which follows:
Forasmuch as we know and clearly find by the acts enacted, set forth, alleged, exhibited, confessed and proved by the testimony of trustworthy witnesses in sufficient number that the aforesaid Elizabeth Stapulton has sufficiently and fully established and equally proved her claim in a certain libel of hers (the tenor of which libel follows and is thus; In the name of God, Amen; etc., which libel we wish to be held as here read and inserted) and because the said Thomas has had an adulterous relationship with a certain Elizabeth Shae […], and has had a child with her, and we find that that nothing effectual has been or is set forth, alleged, excepted, confessed or proved on the part or behalf of the said Thomas Stapulton which could destroy or in any way weaken the claim of the aforesaid Elizabeth Stapulton
Therefore we, George Wilmesley, vicar general in spiritual abovesaid, having first called upon the name of Christ, and setting and having the one and true God himself alone before our eyes, of and with the advice of the learned in the law with whom we have consulted promptly in this respect separate and divorce the said Thomas and Elizabeth, matrimonially and lawfully joined, from bed and board and […] and other marital duties by this our definitive sentence or this our final decree which we pass and publish in these writings.
The sentence aforesaid was read by the said chancellor on the 20th day of the month of April in the 1548th year of our Lord; being present those as are expressed in the record etc.
Transcript
[5/9/2 image 1]
In dei Nomine Amen auditis visis et intellectis ac plenarie discussis per nos Georgium Wilmesley in legibus
baccallarium Reuerendi in Christo patris et domini domini Johannis permissione diuina Cestrensis Episcopi vicarium in spiritualibus generalem
ac eius consistorij officialem principalem ad causas ecclesiasticas decidendum infra diocesem Cestrensem auctoritate Illustrissimi in Christo principis
et domini nostri domini Edwardi Sexti dei gracia Anglie francie et hibernie Regis fidei defensoris et in terris ecclesie
Anglicane et hibernice supremi capitis fulcitum per dictum Reuerendum patrem legitime deputatum Meritis et circumstancijs cuiusdam
cause diuortij <et separacionis … a mensa et thoro> que coram nobis inter Elizabet stapultun parochie de Alderley cestrensis
diocesis partem Actricem et querelantem ex una et Thomam stapultun eiusdem parochie pretensum virum dicte Elizabeth
partem Ream et querelatam partibus ex altera vertebatur et adhuc vertitur et pendet indecise rite et legitime
procedentes partibus predictis coram nobis per eorum procuratores aput acta legitime constitutos sufficienter et legitime
comparentibus parte vero dicte Elizabeth sententiam ferri et Justiciam sibi fieri parte vero dicti Thome Justiciam etiam sibi fieri instanter postulantibus
Rimato per nos primitus toto et integro processu in huiusmodi
causa habito et facto ac diligenter recensito seruatisque per nos in hac parte de Jure seruandis ad nostre
sententie diffinitiue prolacionem sic duximus procedendum et procedimus in hunc qui sequitur modum
Quia per acta
inactita deducta allegata exhibita confessata et per testimonium testium fidedignorum numero sufficienti probata
Comperimus et luculenter Invenimus prefatam Elizabet stapulton intencionem suam in quodam suo libello Cuius tenor
sequitur et est talis In dei nomine Amen Coram vobis et cetera Quem libellum pro hic lectum et insertum haberi
volumus sufficienter et ad plenum fundasse pariter et probasse Et quia dictus Thomas tenuit quandam
Elizabeth shae in adulterinis amplexibus <…> et ex eadem prolem suscitauit Nihilque
effectuale ex parte et per partem dicti Thome stapulton fuisse aut esse deductum allegatum exhibitum confessatum
aut probatum quod intentionem predicte Elizabet stapulton elideret seu quomodolibet enarveret
Idcirco Nos
georgius wilmeslow vicarius in spititualibus generalis antedictus Christi nomine primitus invocato ac ipsum solum vnicum et verum deum
oculis nostris preponentes et habentes de et cum consilio Jurisperitorum cum quibus mature in hac parte communicauimus dictos
Thomam et Elizabet <matrimonialiter et legitime copulatos a thoro mensa et … ac ceteris obsequis coniugalibus ob dictas causas iuxta iuris exigentia separamus ac diuorciamus> per hanc nostram sententiam diffinituam siue hoc nostrum finale decretum quam siue quod ferimus et promul-
gamus in hijs scriptis
lecta fuit sententia predicta per dictum cancellarium xxmo die mensis aprilis anno domini
1548mo
presentibus prout in actu exprimentur etc
Original Document
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Translation
[5/9/2 image 2]
Sentence Stapulton against Stapulton in a cause of divorce; it has been registered.
[in pencil in a different hand]
1548 Apr. 20
\2
[Produced with the permission of the Chester Diocesan Board of Finance.]
Translation copyright ©2023 P J Cox All Rights Reserved
Transcript
[5/9/2 image 2]
Sententia stapulton contra stapulton in causa divortij
Regestratur
[in pencil in a different hand]
1548 Apr. 20
\2
[Produced with the permission of the Chester Diocesan Board of Finance.]
Transcript copyright ©2023 P J Cox All Rights Reserved
People
Elizabeth Stapultun – plaintiff
Thomas Stapultun – defendant
Elizabeth Shae – committed adultery with the defendant
Officials
George Wilmesley – official principal
Notes
When the time came for the court to pass any sentence each party was required to draw up a sentence in their favour. The judge would select the sentence submitted by party he judged to be the winner, to read and pass, but might rule that amendments were to be made to the document submitted.
This seems to have happened in this cause as it appears that the plaintiff had hoped that the marriage would be annulled on the basis that it was invalid but the sentence has been amended by the court to state that there had been a lawful marriage but the parties were to be separated. This meant that they were not free to marry again, although no longer obliged to live together.
Amendments to the draft sentences are often made in the judge’s handwriting.