Example of cause papers in a typical matrimonial cause
In this page, the progress of a matrimonial cause from 1732 is followed. For each of the documents in the bundle, important words and phrases are highlighted. The cause started as a correction cause against Edward Robinson and Martha Robinson his 'pretended' wife, of Beeston, for 'incest'. It proceeded to a cause to nullify their marriage because they were too closely related.
The ecclesiastical offence of 'incest' referred to in this cause was initially detected and presented by the churchwardens of Beeston at the Michaelmas Visitation of 1732. The cause was therefore technically a 'mere office' cause, or correction cause; however, the complexity of the issues involved, which ultimately led to the couple's marriage being annulled, meant that it was not settled by the summary jurisdiction of the Official like most correction causes. Instead, it was argued by proctors in the Consistory Court and treated like an Instance cause. The paperwork generated was therefore filed with the other cause papers, in the series of records now known as Libels, even though the bundle includes a presentment bill, two penances, and a schedule of excommunication.
The hybrid nature of this cause, and the mixture of documents generated and filed together, is typical of the mid-eighteenth century papers in the Archdeaconry of Nottingham archive. Bundles of cause papers from the seventeenth century are often found in their original state, and rarely include anything except legal paperwork (libels, articles, sentences, depositions etc.). However, later cause papers might be more confused in their arrangement, and they often include supporting evidence and related documents such as schedules of penance and excommunication. It would appear that the series of Penances (AN/PN) and Excommunications (AN/E) in the Archdeaconry archive are mostly made up of documents generated through the Correction process of summary jurisdiction. Paperwork relating to people excommunicated following an Instance or promoted Office cause tends to have been filed with the cause papers in the Libels series.
These cause papers also help to illustrate the changeover in the language used for official records at this time. The articles against Edward and Martha Robinson were drawn up in Latin; however, after 25th March 1733, English was used as the court's language of record.
Churchwarden presentment bill (AN/LB 237/3/19/2)
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This is the original presentment bill, signed by Wm Constable and Henry Cox, churchwardens of Beeston, and exhibited at the Michaelmas Visitation on 9th October 1732. Apart from strays such as this, no churchwarden presentment bills have survived from the years 1731 and 1732.
(transcription) 'Edward Robinson and Martha Robinson for Incest being married within the Degrees prohibited by Law'.
The term 'incest' was applied to a broader range of relationships in the eighteenth century than nowadays. In the 1604 Canons, Archbishop Parker's Table of Consanguinity and Affinity (1563) was ordered to be publicly set up in every church at the expense of the parish. The table prohibited sexual relationships and marriages between people 'within the prohibited degrees', which included first cousins, a deceased brother's wife, and the siblings of one's deceased spouse. The prohibitions remained in force until they were modified by the civil authorities in 1907.
The churchwarden presentment bill does not explain exactly how Edward and Martha Robinson were related.
Articles (AN/LB 237/3/16)
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Three months later, articles against Edward and Martha Robinson were drawn up in the language of the court, Latin. The endorsement reads as follows:
(Transcription) 23 Jan'rij 1732. Officiu[m] D[omi]ni con[tra] Robinson et Uxor In Ca[us]a[m] nullitatis Matrimonij.
(Translation) 23 January 1732 [1733 in New Style dating]. The Office of the Judge against Robinson and his Wife in a Cause of Nullity of Marriage.
Heading paragraph
This is an introduction to the cause, giving the name of the person hearing the cause, and the names of both parties. The important parts of the paragraph can be translated as follows:
(Translation:) In the name of God, Amen. [Addressed to] Edward Robinson and Martha Robinson of Beeston. We, William Bridges, clerk, M.A., Official of the Archdeacon of Nottingham, article and object the articles underwritten relating merely to your soul's health and the reformation of your manners... We therefore require your answer as far as by law you are bound, as we article and object as follows, to wit…
First article
This gives some background, alleging that the late Thomas Robinson, formerly of Beeston, about 11 years ago married 'you', Martha Clay alias Robinson, at that time the legitimate daughter of Robert Clay of Heanor, and that the marriage was consummated, that they lived together, and that children were born.
Second article
This article explains that Thomas Robinson was the son of Edward Robinson, and that this was well known in the parish of Beeston.
Third article
Here, it states that Thomas Robinson died about three years ago, and that in one of the months from June 1732 to January 1732 [1733 in New Style dating], Edward and Martha Robinson solemnized a pretended marriage in the parish church of Duffield [Derbyshire], consummated the marriage, and lived together, thereby committing incest in contempt of the Canons and Constitutions of the church, to the grave danger of their souls, and the bad example of other Christians.
Fourth article
States that Edward and Martha Robinson were and are of the parish of Beeston, and therefore come under the jurisdiction of the court.
Fifth article
States that all of the above is true, and that there is a public voice and fame in the surrounding neighbourhoods.
Concluding paragraph
This is an appeal by the proctor for the Office of the judge, stating that Edward and Martha should be separated and divorced, that they should be ecclesiastically corrected and punished for solemnizing the marriage against the ecclesiastical law, and that they should bear the costs.
Allegation (AN/LB 237/3/19/1)
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This document is dated 2 April 1733, and is therefore the first official cause paper in the bundle written in English. The language of record had changed from Latin to English on 25 March 1733, the start of the civil year.
It records that the Beeston churchwarden presentment bill was exhibited in court by Mr Stockdale, proctor for the Office, in order to prove the contents of the Articles.
Marriage certificates (AN/LB 237/3/15/2-3)
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These are copy certificates used as evidence in the cause, to prove the sequence of events. In the first (marked 'A'), John White, rector of Wollaton, certifies that he married Thomas Robinson of Cossall and Martha Clay of Heanor in Wollaton parish church on 11 July 1722.
In the second (marked 'B'), Thomas Calton, vicar of Duffield [Derbyshire], certifies that Edward Robinson and Martha Robinson of Heanor were married on 9 June 1732.
Allegation (AN/LB 237/3/15/1)
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This document records that on 22 May 1733, the two marriage certificates marked 'A' and 'B' were exhibited in court by Mr Stockdale, proctor for the Office, in order to prove the contents of the Articles.
Sentence (AN/LB 237/3/17)
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This is the document which wrapped up the cause, in which the Official gave his judgement.
It begins, 'In the name of God Amen. The Merits and Circumstances of a certain Cause or Business of Correction of Ecclesiasticall Cognisance having been heard and understood, and also fully and maturely discussed by Us William Bridges ... [the Official, or judge of the court]...'
The sentence goes on to explain how the decision about the cause was reached, detailing the Articles, exhibits and Allegations which the judge has read. The 'definitive sentence' itself actually begins near the top of the second page. The judge considers that James Stockdale had proved his 'Intention' on behalf of the Office and that Edward and Martha Robinson had not provided anything to weaken his case.
Therefore, 'We ... doe pronounce decree and declare the pretended marriage in fact solemnized or rather profaned by and between the said Edward Robinson and Martha Robinson to have been and to be Incestuous and unlawfull, and therefore to be void to all Intents and purposes of the Law...'
The marriage, it goes on, had always been null and void, since Edward and Martha were within the prohibited degrees of marriage; and they are declared 'separated and entirely divorced from the Bond of Matrimony'.
In addition, they are to be 'corrected and Ecclesiastically Punished' for comitting incest. The exact punishment is not stated, but the usual punishment for sexual misdemeanours was to perform a penance.
The judge goes on to 'Intimate, Enjoin and Inhibit' them [warn them] not to attempt to cohabit together again; and condemns them in the costs of the suit - that is, they are to pay the expenses of James Stockdale, the proctor.
At the very end of the document is a note that the sentence was read and published in St Peter's parish church in Nottingham on 23 July 1733. It is signed by William Bridges.
Bill of costs (AN/LB 237/3/18)
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'A Bill of the Costs of this Suite made on the part and behalf of the necessary Promotor of the Office.' [James Stockdale, the proctor].
The first costs were charged on 23 January 1732/3. They include fees for the proctor and for writing out Acts of court, Articles and other documents.
The bill of costs tells us things about the progression of the cause that we would not know from the surviving documents. The defendants' Answers, referred to on 13 February, do not survive. Apparently, three witnesses were examined in court on 2 April, but we do not have their depositions. Mr Stockdale charged for journeys to Wollaton and Duffield to search the parish registers in person. And when the Sentence was pronounced at St Peter's Church in Nottingham on 23 July 1733, 4 shillings were charged for payments to the apparitor and the sexton, and to pay for wine.
Finally, on 25 September, the cause was wrapped up with one final Act of Court, another fee for the proctors, and the drawing up of the bill of costs. The total charge was £7 6s 4d, taxed down to £5 10s. In the Sentence, the tax had been reserved to the judge.
Costs of two schedules of penance were added to the bill later.
Schedules of penance (AN/LB 237/3/14/1-2)
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The punishment enjoined on Edward and Martha Robinson for the crime of incest was to perform a penance. Two schedules of penance were issued on 9 October 1733 by the Archdeaconry Register [or Registrar], Thomas Bennett. They detail the penitentiary outfit both were expected to wear, of a white sheet wrapped around from shoulders to feet, and the fact that they were to be bare-headed, bare-footed and bare-legged, and were to carry a white wand. Edward and Martha had to stand on a seat or form in Beeston parish church, in full view of the whole congregation attending Sunday worship, and say out loud the statement of repentence detailed in the schedule.
Both schedules were endorsed with the signatures of the vicar, two churchwardens, and three other parishioners, certifying that the penances had been performed on 14 October 1733.
Schedule of excommunication (AN/LB 237/3/44)
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However, this was not quite the end of the story. Despite performing their penances, Edward and Martha did not (perhaps could not) pay the £5 10s they were supposed to pay to the proctor James Stockdale. For their contumacy or contempt in failing to pay this money, without providing a reasonable excuse, the judge William Bridges decreed them to be excommunicated. He read out the decree of excommunication in St Peter's Church, Nottingham, on 13 November 1733, and signed the schedule.
Excommunicated people were not allowed to receive holy communion, and were technically also subject to civil restrictions. The cause papers do not record when or if Edward and Martha were released from their excommunication, although it is possible that schedules of absolution survive in the Excommunications series of papers (AN/E).
Next page: Table of words and phrases to help identify original cause papers