PRACTICE IN COURTS. engage CHAP. VII. widow, and both free from all matrimonial contracts and ECCLESIASTICAL ments, were lawfully joined together in holy matrimony according to the rites and ceremonies of the church of England as by law established, in the parish church of aforesaid, by the Reverend, clerk, a priest or minister in holy orders of the church of England, and then curate of the said parish, who then and there pronounced them to be lawful husband and wife in the presence and hearing of several credible witnesses, in virtue of banns thrice duly published in the said parish church, and an entry of such marriage was duly made in the register book of marriages kept for the said parish of ——, for the said And this was, &c. &c. year Sixth. Also that in supply of proof of part of the premises in the next preceding article mentioned, and to all other intents and purposes in the next preceding article mentioned, and to all other intents and purposes in the law whatsoever, we do exhibit, hereto annex, and will to be here read and inserted, and taken as part and parcel hereof, a certain paper writing marked No. 4, and do article, object, and allege the same to be and contain a true copy of the entry of the marriage of the said Richard and Sarah-mentioned in the next preceding article, that the same hath been faithfully extracted from the register book of marriages kept for the said parish of ——, for the year 1791, and carefully collated with its original now remaining therein, and agrees therewith; that all and singular the contents of the said exhibit and of the said original entry were and are true, that all things were so had and done as are therein contained, and that Richard and Sarah therein mentioned, and Richard and Sarah, formerly ——, his wife, the natural and lawful father and mother of you the said Elizabeth spinster, were and are the same persons and not divers; and that Richard therein mentioned in the third and fourth otherwise mentioned and Richard preceding articles, the natural and lawful brother of you the same person and not divers. And this was, &c. Seventh. Also we article and object to you the said David otherwise and Elizabeth otherwise spinster, falsely calling yourself ——, and wife of David ——, otherwise, that from and immediately after the said marriage of them the said Richard and Sarah, formerly in the two next preceding articles mentioned, they lived and cohabited together as lawful husband and wife, as well as in the said parishes of - and , as also in the parish of PRACTICE IN -, in the county of, and that during the time they so CHAP. VII. lived and cohabited together they had issue of their said mar- ECCLESIASTICAL riage a daughter, being you the said Elizabeth otherwise spinster; and we article and object that you the said Elizabeth, otherwise spinster, were born on or about and that on or about the -you were baptiz the 21st December in the year and Sarah -, otherwise was --and and —, otherwise ———, spinster, were and are commonly accounted and taken to be by and amongst your relations, friends, acquaintance and others. And this was, &c. &c. Eighth. Also that in part supply of proof of the premises mentioned in the next preceding article, and to all other intents and purposes in the law whatsoever, we do exhibit, hereto annex, and will to be here read and inserted, and taken as part and parcel hereof, a certain paper writing marked No. 5, and do article and object, and allege the same to be a true copy of the entry of the baptism of you the said Elizabeth, otherwise spinster, mentioned in the next preceding article, that the same hath been faithfully extracted from the register book of baptisms kept for the said parish of —, in the county of for the year one thousand seven hundred and nine-two, and carefully collated with its original now remaining therein and agrees therewith, that all and singular the contents of the said exhibit and the said original entry were and are true, that all things were so had and done as therein contained, and that "Elizabeth" therein mentioned as the daughter of "Richard and Elizabeth," and you the said Elizabeth COURTS. preceding articles, the natural and lawful father and mother of you the said Elizabeth , —, otherwise spinster, were and are the same person and not divers. And this was and is, &c. Ninth. Also we article and object to you, the said David otherwise, and Elizabeth otherwise spinster, falsely calling yourself, wife of the said David ; that the marriage of a man with his brother's daughter, and the marriage of a woman with her father's brother, is prohibited by the law of God, and that in and by the table of degrees of marriage set forth by the Reverend Father in God, Matthew Parker, by Divine Providence some time Lord Archbishop of Canterbury, Primate of all England and Metropolitan, in the year of our Lord 1563, it is declared, ordered and directed, that a man may not marry his brother's daughter, and that a woman may not marry her father's brother; and that by the 99th canon of the constitutions and canons ecclesiastical, treated of by the Bishop of London, president of the convocation for the province of Canterbury, and the rest of the bishops and clergy of the said province, and agreed upon with the king's majesty's license in their synod, begun at London in the year of our Lord 1603, it is declared, ordered and directed, that no person shall marry within the degrees prohibited by the laws of God, and expressed in a table set forth by authority in the year 1563, and that all marriages so made and contracted shall be judged incestuous and unlawful, and consequently shall be dissolved, as void from the beginning, and the parties shall by course of law be separated as in and by the said table and canon to which we refer doth appear. And this was and is, &c. Tenth. Also we article and object to you, the said David otherwise, and Elizabeth, otherwise F. spinster, falsely calling yourself, wife of the said David otherwise, that notwithstanding the premises pleaded, objected and alleged in the several preceding articles were and are true, you the said David --, otherwise being then a widower, did pay your courtship and addresses in the way of marriage to your niece, the said Elizabeth, otherwise, spinster, the natural and lawful daughter of Richard the natural and lawful brother of you, the said David, otherwise; and that you the said the natural Elizabeth, otherwise, was then a spinster, and did spinster, and did consent to be married to him, and that ac- Eleventh. Also that in part supply of proof of the premises Twelfth. Also we article and object to you the said David and Elizabeth otherwise spinster, falsely calling yourself wife otherwise of the said David CHAP. VII. ECCLESIASTICAL CHAP. VII. ECCLESIASTICAL COURTS. --, otherwise, that immediately after the marriage menPRACTICE IN tioned in the tenth of these articles was solemnized, or rather profaned, you the said David, otherwise, and Elizabeth, otherwise, spinster, lived and cohabited together as husband and wife in the said parish of St. Margaret's next in the county of, and afterwards in the parishes of and ——, and in the parish of ——, in the county of and did consummate the said marriage, or rather effigy or show of marriage, by carnal copulation and procreation of children, (several of whom are now living,) and have ever since continued to live, and do now continue to live and cohabit together in an incestuous manner, pretending to be husband and wife. And this was and is, &c. Thirteenth. Also we article and object to you the said David, otherwise otherwise and Elizabeth otherwise --, spinster, falsely calling yourself, and wife of the said David that you were and are of the parish of, in the county of --, and diocese and province of Canterbury, and therefore and by reason of the premises and letters of request under the hand and seal of the Worshipful, Knight, Doctor of Laws, Commissary-General of the Most Reverend Father in God, William, by Divine Providence, Archbishop of Canterbury, Primate of all England and Metropolitan, in and throughout the whole city and diocese of Canterbury lawfully constituted, to us presented and by us accepted in this cause, and also by reason of our office being promoted by the aforesaid Richard, you were and are subject to the jurisdiction of this Court. And this was and is, &c. otherwise Fourteenth. Also we article and object to you, the said David, otherwise, and Elizabeth -, otherwise spinster, falsely calling yourself, wife of the said David that of and concerning all and singular the premises, it has been and is, by and on the part and behalf of the said Richard, the promoter in the cause, rightly and duly complained to us and to this Court. And we article and object as before. Fifteenth. Also we article and object to you the said David otherwise, and Elizabeth -, otherwise --) spinster, falsely calling yourself, wife of the said David —, otherwise, that all and singular the premises were and are true, public and notorious; and thereof there was and is a public voice, fame and report, of which legal proof being made, we will that right and justice shall be effectually done |