ANNULMENT OF A CHILD MARRIAGE MARCER (Emelene, of Halsall) and HUNTER (Thomas, of Aughton, both near Ormskirk, Lancashire)

Copies of the  Draft Depositions  of the witnesses on each side, including the husband, in English, and of the Final Decree by Robert Leche, LL.D., principal officer of the Archdeacon of Chester's court, in Latin, all with transcriptions. Thomas Tatlock, 56, and William Scarsbrick, 40, who had known both since infancy, depone for Emelene, that at the time of the marriage, 2½ years previously at the house of Thomas Halsall, by "Sir James, Curat of Formbie", Emelene was "about ten years of age" and Thomas "not above thirteen", even on the morning of the marriage the children "knewe nott of ytt but were compelled ... by there parents", Thomas Hunter refers to his coming "to lawfull yeares of discretion", Emelene had lived at his father's house till last Christmas, but "he could not abyde the saide Emelene and never woulde", he approached Scarsbrick as his kinsman, and Tatlock as his father's executor, to procure a divorce, he had never "saide or done any acte that he thincketh in his conscience hee ought to have her to his wife" and vouches for her virginity, he can not tell "whye they were maried in a howse" instead of in church. The final decree says that everything has been thoroughly considered, confirms that nothing Thomas has done invalidates his claim, that the marriage is annulled and both are free to remarry with a clear conscience. The depositions 4 sides 12" x 8¼", the judgment 1 side 11" x 10½", Chester, 24th March 1579 (new style the depositions, neatly restored at top and bottom with old paper, with loss of a number of words or phrases (most can be supplied by context

The depositions are interesting as working copies, with considerable running emendations and second thoughts. The judgment bears a note of the promulgation of the decree in another hand and a list of people present. William Withnes appeared for Emelene, and Henry Pennant for Thomas, though both children were in fact seeking the same end.

Item Date:  1580

Stock No:  17635      £475

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