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Archaeologia Cantiana -  Vol. 134  2014

A History of the Ecclesiastical Courts of the Diocese of Canterbury, 1566-86, based on the
   Cause papers bound within the Volume MS.F.4.12. By Karen Rushton

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Entry 102 f.236 verso – Libel, Matrimonial - Transcription and Translation

Editorial Conventions
Each entry that has been selected for transcription is given with its entry number and folio number as well as the type of record and type of case. Directly following each transcription is a full translation of the entry, and the sections of entries that were originally in English are shown in italics in the translation. The transcription follows the original exactly in terms of spelling, punctuation and capitalisation. Also, capitalisation of certain words can be inconsistent or inaccurate but again it has been transcribed without corrections as not to do so would detract from the research value and would be wrongly influencing the record’s interpretation.
   All abbreviated words have been extended with the missing letters included in square brackets. Words and sentences that have been inserted later are indicated by a forward and backward slash to show where it has been inserted. In the same vein words that have been crossed out by the scribe are transcribed with a line running through them to illustrate the mistakes of the scribe and to try and remain true to the original. Where words have been seemingly joined together they are shown separately in the transcription apart from the occasions when the word ‘que’ has been added on the end of words to indicate ‘and’. Letters such as i and j and u, v, and n, which can often be indistinguishable from one another, are transcribed in the form they are written in rather than the letter they are supposed to represent when it is clear.
    In the translation Christian names have been anglicised but all surnames remain as in the original record. Correcting surnames to their modernised forms would not accurately reflect the meaning and is sometimes difficult to do, especially given the inconsistencies in the spelling of surnames, which is in itself a potentially interesting point. Similar to Christian names, all place names appear in the translation in their modern forms.

In dei no[m]i[n]e amen. Coram vobis ven[er]abili viro mag[ist]ro vince[n]tio
denne in legib[us] bacc[alaureo] etc pars honesti viri Will[el]mi Asten p[ar]o[chi]e
de tenterden contra et adversus mariona[m] Roger de Fev[er]sh[a]m
ac contra que[m]cu[m]q[ue] aliu[m] etc

In p[ri]mis vi[delicet] quod dict[us] Will[elm]us Asten et mariona Roger ab o[mn]i
contractu m[at]ri[m]oniali sive sponsalitico liberi et i[m]munes atq[ue]
in h[uius]mo[d]i litt[er]ate et i[m]munitate no[to]rie existen[tem] de m[at]ri[m]onio inter
eos contrahend[o] et habend[o] sepius ad invice[m] tracta[ve]runt et
co[mmun]ica[ve]runt, et ponit con[juncti]m di[visi]m ac de quoli[be]t,

It[e]m q[uo]d post tractatu[m] et co[mmun]icac[i]o[n]em h[uius]mo[d]i, Idem will[elm]us et
mariona, m[at]ri[m]oniu[m] veru[m] puru[m] et lit[er]um p[er] verba Ac p[rese]nti ad
hoc apta mutuu[m] eoru[m] consensu[m] hincin[de] exp[ri]men[tia] vi[delicet] I
william take the marion to my wyffe and do forsake all
other wome[n] for thy sake and therto I gyve the my
Faythe and trothe et similiter dict[a] mariona eid[em] will[el]mo
and I marion take the willia[m] to my husband and do
forsake all other men for thy sake and therto I gyve
the my Faythe and trothe, seu salt[e]m sponsalia iurat[a]
ad invice[m] cora[m] testibus fidedignis tunc p[rese]ntibus
contraxerunt atq[ue] alter alteri eius consensu[m] et fide in ea
p[ar]te alteri adhibuit, libellat ac ponit p[ar]s ista con[juncti]m di[visi]m
ac de quoli[be]t et petit quod dict[a] mariona r[esp]ondere co[m]pellatu[r]
cuili[be]t p[ar]ticule his ar[ticu]li p[er] hoc verbu[m] credit vel non

It[e]m quod ip[s]a mariona post co[mmuni]cac[i]onem consensu[m] q[ue] et contract[um]
p[re]dict[am] inter eam et p[re]fat[um] Will[el]mu[m] Asten vt p[re]fertur i[ura]t[a]
habit[a] et fact[a] se iurioniu[m] cu[m] eod[em] will[el]mo contraxisse
ac ip[su]m will[el]mu[m] eius viru[m] et maritu[m] lit[er]um tam in
p[rese]ntia ip[s]ius will[el]mi asten qua[m] alioru[m] testiu[m] fidedignis
sepius ac iterat[es] viribus fassa est et recognovit

It[e]m quod accesi[on]e m[at]ri[m]oni[al]i tractatusq[ue] et consensus p[re]dict[us]
et in signu[m] eiusd[em] m[at]ri[m]oni[al]i no[n]nulla dena sive
denaria in eventu lit[is] h[uius]mo[d]i plenius specificans
alter alteri dictoru[m] contrahen[te] mutuo contulit et
denavit, atq[ue] alter ab altero gratanter recepit

f.236 recto
It[e]m q[uo]d obtentu p[re]missis dict[us] will[el]mus asten et mariona Roger
fuerunt ac sunt vt vir et uxor veriq[ue] et lit[er]um com[pa]ges
proq[ue] talibus et vt tales fueru[n]t ac sunt co[m]iter dict[i]
tent[i] habit[i] no[m]i[n]at[i] et reputat[i] pala[m] pu[bli]c[e] et no[to]rie

It[e]m q[uo]d p[re]fat[a] mariona Roger fuit ac est p[ar]o[chi]e de fev[er]sh[a]m
cant[uariensis] diocesis et eo p[re]textu jurisdictioni vestre
no[to]rie subdit[a] et subiect[a], ponit vt supra,

It[e]m q[uo]d p[re]missis o[mn]ia et singula fueru[n]t ac su[n]t veras

In the name of God amen, before us the venerable man master Vincent Denne bachelor in laws etc. The part of the honest man William Asten of the parish of Tenterden against Marion Roger of Faversham and against whosoever else etc.

Firstly, namely that the said William Asten and Marion Roger have often mutually shared and discussed to be free and exempt from all matrimonial contract and betrothal, and being learned and free concerning the marriage to be had and held between them. And he produces jointly, separately and concerning each one.

Item, that after this agreement and treaty, the same William and Marion, the same William and Marion have contracted true, pure and sound marriage, through these suitable words expressing the mutual agreement of them on both sides, namely, I William take the Marion to my wyffe and do forsake all other women for thy sake and therto I gyve the my faythe and trothe and similarly the said Marion to the same William, and I Marion take the William to my husband and do forsake all other men for thy sake and therto I gyve my faythe and trothe, or at least by sworn betrothal to one another before faithful witnesses then present. And he admitted that one or another of them consented and faithfully in that part of the other. This part sues and produces jointly, separately and for each one, and seeks that the said Marion to be compelled to respond to any part of this article through the word I believe or I do not believe.

Item, that the said Marion after the aforesaid agreement contracted and consented between her and the said William Asten, as above, sworn, held and made to have contracted herself with the same William and the said William man and husband of her, she certified both in the presence of the said William Asten and other faithful witnesses, and it has often been confessed by repeated powers.

Item, that the aforesaid contract and agreement of marriage, by accession and in mark of the same marriage, he conveyed and paid some money, specifying more fully in the event of this lawsuit, by mutually exchanging to one another of the same. And one from another gratefully received.

Item, that by the pretence of the aforesaid things the said William Asten and Marion Roger were and are man and wife, and because of such and such are readily said, held, had, named and reputed openly, publicly and notoriously.

Item, that the aforesaid Marion Roger was and is of the parish of Faversham of the diocese of Canterbury and by this pretext is subject to and falls under your jurisdiction. He produces as above.

Item, that all and singular aforementioned things were and are true.

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