Types of Cause: Matrimonial – restitution of conjugal rights

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The formation of a legal marriage relied upon a valid contract and consummation of the union. By the sixteenth century it was also necessary to show that the marriage had been solemnised ‘in the face of the church’. If a valid marriage was proved then neither party was free to marry again while both of them were alive. If one party had been deserted by a spouse to whom they had been lawfully married for some time they could bring a suit for restitution of conjugal rights.

Source:

R. H. Helmholz, Marriage Litigation in Medieval England, (Cambridge, 1974), pp. 67-69

EDC 5/14/1 – Elizabeth Smyth, otherwise Rixton, contra Giles Smyth and Margaret Barington.
EDC 5/1566/1 – Henry Hall contra Helen Hall.

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