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« on: Saturday 09 September 17 15:38 BST (UK) »
When is a marriage not a marriage? Has anyone got any ideas about something that has been baffling me for several years now - sorry if it’s a bit longwinded - I made it as short as I could!
The Rev John Smith was b.c. 1735 and studied at Caius College Cambridge and got his BA in 1756 and MA in 1759. He was Greek and Hebrew lecturer at the college until 1780 when he took the living of Bratton Fleming in Devon, exchanging it the next year for Mattishall in Norfolk where he became a neighbour and acquaintance of James Woodforde and appears regularly in his Diary of a Country Parson. Smith was apparently a bachelor and there is never any mention of a wife. In 1784 he made an offer to marry a widow Elizabeth Davie “after his mother’s decease” (she died in 1786)
but withdrew the offer the next year, blaming her for going off with someone else (Elizabeth never re-married).
In his will PCC PROB 11/1399/166 dated 15 April 1795 (he died in 1803) he left his wife Frances, formerly Brace, a life interest in his Mattishall property, £500 and most of his household effects. Other beneficiaries were his niece Frances, the wife of Leonard Hampson of Luton and nephew the Rev Thomas Cave of Bedford. A lot of the will is about the legality of his marriage:
“The said Frances Hampson and the said Thomas Cave or either of them who shall so dispute and call into question the legality of my marriage with my said wife Frances Smith or shall prosecute or commence any such Suit at Law or in Equity shall forfeit and absolutely lose and be deprived of the rest residue and remainder of all my Estates and Effects .... and finally to remove all doubts and suspicions that may be entertained by the said Frances Hampson and the said Thomas Cave or either of them respecting the certainty and legality of my aforesaid marriage I refer them to my Books of Accounts to my said wife Frances Smith and to such living witnesses as she may be able to produce after the time of my decease from anyone of which they may receive such evidence or so ought to prove perfectly satisfactory and restrain them from making any attempts to controvert my assertions or to set aside any part of this my will.”
If either started a lawsuit their inheritance was to go to “Sarah the daughter of the late William Wills of St Neots in Huntingdon and Harriot his wife”
Frances was made sole executrix but renounced execution of the will which was done by Frances Hampson and Thomas Cave.
I am pretty sure I have the right Frances Brace - she was born in Tempsford Beds in 1746 and one of her sisters, Henrietta, married William Wiles an Innkeeper in St Neots and their eldest child was called Sarah - not quite, but near enough to the people mentioned in Smith’s will. Frances Brace lived with them, died in 1813 and was buried in Tempsford. She made an Archdeaconry of Huntingdon will in which she called herself spinster and made no mention of either John Smith or Mattishall.
I can’t find a marriage - surely - especially as he was a clergyman Smith would have known that a legal marriage would have to be performed in church and easy enough to confirm by the register? I’m guessing the marriage took place while he was at Cambridge at a time when married Fellows were forbidden to live in College as he did, but what other form of marriage could that be? A marriage that he considered to be perfectly legally binding but one that it appears she did not?
Carole