Author Topic: Where might I be able to locate a 17th century divorce case?  (Read 2303 times)

Offline Nick93

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Where might I be able to locate a 17th century divorce case?
« on: Monday 21 September 20 16:30 BST (UK) »
Heya, all. I'm trying to locate a court document from 1698. Little bit of a wild story, regarding the divorce of William Hockmore and his wife, Mary Prestwood. My sources I'm getting this from are the essay "Leggasicke, Filling the Gaps" by Richard G. Grylls, and the academic work "Fashioning Adultery: Gender, Sex, and Civility in England 1660-1740" by David M. Turner.

https://essaydocs.org/legassicke-filling-the-gaps.html?page=4

http://ndl.ethernet.edu.et/bitstream/123456789/32443/1/9pdf.pdf?fbclid=IwAR2rulWc68oYguYJwBrzy6f6pwsEm3SiKIYUh1Bd9wikLbmhS-iZHHpK08w

The separation took place in 1698. The cause of it was William was convinced their youngest daughter, Prestwood (given her mother's maiden name as a first name), was not his. Apparently Mary had multiple lovers, including a Mr. Edward Ford, a Mr. Nicholas Cove, a Mr. Charles Manley, and a Swiss mercenary referred to in Turner's work as "Killcutt."

The daughter, Prestwood, was apparently baptized in London (though William and Mary were from Devon, Mary apparently ran off to London during a dispute with her husband) in early 1696 under "Prestwood Buckmore, son [sic] of William and Mary Buckmore." Not sure why she was referred to as a son, Mr. Grylls doesn't say.

Grylls implies Mary ran off to London on her own in 1696 to have her baby, though Turner in passing says she was in London with her husband, not sure which is accurate, which is why I'm looking for the original case. Turner goes on to say that that year, according to the divorce proceedings, she made several visits to her lover, Edward Ford, another member of the Devon gentry but who had apparently taken up lodging in London at the home of a Westminster victualler named Rive Morgan, who apparently gave his deposition to the court saying Mary had complained to her that there were no curtains in Mr. Ford's room.

According to a witness, Mary had apparently told William that she would go and live in London and “there I’le live, and I’le bring thee a child every yeare if the Art of man can get them, and thou shalt maintayne them all, And I will run thee in debt until I have ruined thee, if I damne both Body and Soule to effect it”.

So, moving on, Mary apparently maintained that baby Prestwood was William's daughter, but perhaps that was for inheritance reasons. When William died in 1707 he left his estates to their four elder daughters, and left some money for Prestwood. Prestwood's guardian (Mary had aparently died by then, too) Mr. Richard Underhay, appealed the will to try to get a better deal for Prestwood.

Assuming William was right, and he wasn't the father of Prestwood, it seems to me that the likeliest candidate would be Edward Ford (unless she was carrying on with multiple lovers at the time she got pregnant), given Mary's visits to him in London that year when she gave birth, and the fact he was staying in London when she went there, perhaps to be close to her when she had their child. Turner's work references the divorce proceedings saying at a party back in Devon Mr. Ford and Nicholas Cove were carrying on very inappropriately with Mary, and Cove even went so far as to openly tease William about mounting him with a cuckold's horns.

I'd very much like to be able to find the original divorce proceedings, to see what arguments were made; who William thought to be the likely father out of all Mary's lovers, why he was so certain the baby wasn't his (perhaps they'd stopped being intimate, I imagine he'd have to be very convinced of the child being someone else's to air their dirty laundry publicly at that time). If the father was Edward Ford I believe I found him in some other sources can work on drawing up a "possible/probable" genealogy for Prestwood.

Regarding the original source, Turner cites "Hockmore v. Hockmore 1698 fo. 614" and Grylls cites both Turner's book, and "C 5/134/25 (TNA)" which I assume is The National Archives but I'm not sure.

Now I *did* manage to find this page, but unfortunately the cases only go back as 1701. I wondered if anyone familiar with this site knows if they have a page for earlier cases?

https://waalt.uh.edu/index.php/C78_1701?fbclid=IwAR0mCBIjVbS9PwR83Eq38TJwgvRpL_865ZXNZGjBmkTAeL-A7RgnoH-it5w

It includes a 1701 case involving William and Mary arguing over distribution of lands after their divorce. It includes the original document which is great, but unfortunately no transcript, and the original is extremely long and illegible.
http://aalt.law.uh.edu/AALT7/C78/C78no1160/IMG_0001.htm

If anyone knows where I might be able to find the original divorce proceedings, I'd be extremely grateful, and thanks regardless for going through this long post.



Online rosie99

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Re: Where might I be able to locate a 17th century divorce case?
« Reply #1 on: Monday 21 September 20 17:02 BST (UK) »
Sorry, I have not read your post thoroughly but found this on TNA website

https://discovery.nationalarchives.gov.uk/details/r/C3932305

This list may also be worth trawling
https://discovery.nationalarchives.gov.uk/results/r?_q=william+hockmore
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Offline Nick93

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Re: Where might I be able to locate a 17th century divorce case?
« Reply #2 on: Monday 21 September 20 17:08 BST (UK) »
Sorry, I have not read your post thoroughly but found this on TNA website

https://discovery.nationalarchives.gov.uk/details/r/C3932305

This list may also be worth trawling
https://discovery.nationalarchives.gov.uk/results/r?_q=william+hockmore

Oh, thank you so much, Rosie! Yep, the second link looks like it has the 1698 case, I'll have a look into that.

Offline Bookbox

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Re: Where might I be able to locate a 17th century divorce case?
« Reply #3 on: Monday 21 September 20 20:25 BST (UK) »
I'd very much like to be able to find the original divorce proceedings, to see what arguments were made

Divorce at this date was a matter for the ecclesiastical courts, not the civil courts. So the original documents for the divorce hearing, if they survive, will not be at the National Archives but at the relevant diocesan record office, depending on where the action was brought.

The Chancery suits at the National Archives (as indexed on Discovery) will no doubt relate and refer to the original divorce hearing, but you will not be able to get copies of those until TNA restores full access to services.

So your best bet may be to start with the decree roll (from C 78) which, as you have pointed out, is conveniently online at AALT. This should recite much of the background to the case and will therefore probably give you plenty of details.


Offline Nick93

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Re: Where might I be able to locate a 17th century divorce case?
« Reply #4 on: Monday 21 September 20 20:46 BST (UK) »
I'd very much like to be able to find the original divorce proceedings, to see what arguments were made

Divorce at this date was a matter for the ecclesiastical courts, not the civil courts. So the original documents for the divorce hearing, if they survive, will not be at the National Archives but at the relevant diocesan record office, depending on where the action was brought.

The Chancery suits at the National Archives (as indexed on Discovery) will no doubt relate and refer to the original divorce hearing, but you will not be able to get copies of those until TNA restores full access to services.

So your best bet may be to start with the decree roll (from C 78) which, as you have pointed out, is conveniently online at AALT. This should recite much of the background to the case and will therefore probably give you plenty of details.

Ah, that would make sense. Thanks, Bookbox. Though maybe I'm navigating the site wrong. C78 does have a 1701 case between William and Mary, but it's an argument over property after the separation, not the separation case itself which happened in 1698, which Turner and Grylls quote regarding the question of Prestwood Hockmore's real father. I looked for 1698 in the search bar:

https://waalt.uh.edu/index.php/C78_1698

But unfortunately there seems to be nothing there regarding the Hockmore case.

Offline Bookbox

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Re: Where might I be able to locate a 17th century divorce case?
« Reply #5 on: Monday 21 September 20 22:12 BST (UK) »
Ah, that would make sense. Thanks, Bookbox. Though maybe I'm navigating the site wrong. C78 does have a 1701 case between William and Mary, but it's an argument over property after the separation, not the separation case itself which happened in 1698, which Turner and Grylls quote regarding the question of Prestwood Hockmore's real father. I looked for 1698 in the search bar:

https://waalt.uh.edu/index.php/C78_1698

But unfortunately there seems to be nothing there regarding the Hockmore case.

The whole of C 78 (final decree rolls) is now on AALT, but C 78 does not have an enrolled decree for every suit heard in Chancery!

The document you’ve found from 1701 may relate to a case that began much earlier than that. And the 1698 case may have rumbled on long past 1701, or may never even have reached the decree stage.

I’m afraid you may not be able to get the document you’re after at the moment. Reading through the online decree might just act as a stopgap until you can.

Meanwhile you may want to have a look at the standard research guide to equity suits.
https://www.nationalarchives.gov.uk/help-with-your-research/research-guides/chancery-equity-suits-after-1558/

Offline goldie61

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Re: Where might I be able to locate a 17th century divorce case?
« Reply #6 on: Monday 21 September 20 22:39 BST (UK) »

I'd very much like to be able to find the original divorce proceedings, to see what arguments were made; who William thought to be the likely father out of all Mary's lovers, why he was so certain the baby wasn't his (perhaps they'd stopped being intimate, I imagine he'd have to be very convinced of the child being someone else's to air their dirty laundry publicly at that time). If the father was Edward Ford I believe I found him in some other sources can work on drawing up a "possible/probable" genealogy for Prestwood.

Now I *did* manage to find this page, but unfortunately the cases only go back as 1701. I wondered if anyone familiar with this site knows if they have a page for earlier cases?

https://waalt.uh.edu/index.php/C78_1701?fbclid=IwAR0mCBIjVbS9PwR83Eq38TJwgvRpL_865ZXNZGjBmkTAeL-A7RgnoH-it5w

It includes a 1701 case involving William and Mary arguing over distribution of lands after their divorce. It includes the original document which is great, but unfortunately no transcript, and the original is extremely long and illegible.
http://aalt.law.uh.edu/AALT7/C78/C78no1160/IMG_0001.htm


I have skimmed through the first few pages of this.
It is a whole lot more than 'arguing over distribution of lands after their divorce'.
Neither is it 'illegible'.
It is full of great detail about Mary's lifestyle! (Not judging her here!) And why the case is bring brought. Lots of background information going back many years. Very interesting indeed.
I didn't get to the part, if indeed it is in here,  about the parentage of the child in question in your post, but it may well be in there - one thing you're right about is that it is very long - I got to page 5 before I stopped.
As Bookbox has said, if you haven't already done so, it would be well worth reading though this document,  or getting it transcribed.
There is a Handwriting Deciphering Board here on Rootschat.
https://www.rootschat.com/forum/handwriting-deciphering-recognition/
You could ask for help on there.
Perhaps if the first part is transcribed, you would be able to read the rest.
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline Ruskie

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Re: Where might I be able to locate a 17th century divorce case?
« Reply #7 on: Monday 21 September 20 23:29 BST (UK) »
Fascinating - someone should write a book or make a film about the exploits of William and Mary.  :)

Offline goldie61

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Re: Where might I be able to locate a 17th century divorce case?
« Reply #8 on: Tuesday 22 September 20 00:11 BST (UK) »
Fascinating - someone should write a book or make a film about the exploits of William and Mary.  :)

That's what I thought Ruskie!
It sounds like a great plot for book!
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs