Stocke v Carr & Bindloss; Matrimonial dispute 1599
Borthwick Institute CPG 3082
Articles of Allegation of James Stock, Notary Public, Official Principal of the Consistory Court of York, against William Carr and Alice Bindclouse alias Dockerey alias Carre of the parish of Giggleswick.
1. That one Robert Byndlouse, gent, and Alice Byndelouse alias Dockerey alias Carre, being free from all contracts of matrimony, did contract lawful matrimony in the church of Kirkby Kendal or elsewhere within the diocese of Chester and Province of York, and they consummated the marriage by carnal copulation, mutual cohabitation, dwelling together as man and wife, and by the procreation of one or more children.
2. That Robert Byndelouse is still living, and if there was any separation between him and his wife, it was only from bed and bed and not from the bond of marriage, or came about from Alice’s adultery.
3. William Carr and Alice, knowing the above to be true, and Robert Byndelouse to be living, did nonetheless, despite this, in 1597, when they should not have married, promise matrimony between them, to the great offence of the almighty.
4. William and Alice have consummated the marriage by living together and carnal copulation, thereby committing the detestable sin or crime of adultery or fornication, to the great offence of the almighty.
5. William and Alice lived in the diocese of York.
6. All the above is public voice and fame in Kendal, Warton, Giggleswick and Gisburne.
Whereupon, faith having been made, it is said that William and Anne were married in fact but not in law.
Answer of Henry Proctor, proctor of Alice Byndlous alias Dockrey alias Carr to the allegation of James Stock
11 October 1599
He believes Alice did not on her being at Chester the day and time mentioned confess that she committed adultery or had carnal knowledge as is alleged
Stocke v Carr & Bindloss; Matrimonial dispute 1599
CPG 3082
Answer of Alice Byndlose alias Dockerey alias Carre to the allegation of James Stock
19 May 1599
1. About 30 years ago, being then 15, and Robert Bindelose, being about 13, being free from all former contracts of matrimony, were married together in a chamber in the dwelling house of Robert Byndelose, Robert’s father, at Helston in the parish of Kirkby Kendal, by one Stephen Wilson, then curate there. For about 8 years afterwards they lived as man and wife in Robert’s father’s house. They lived in other places for about 9 years. They consummated the marriage and procreated two children.
2. Robert Bindelose is still living. About 10 years ago a toleration to live apart was granted by the official of the Consistory Court of York, by reason of some disagreement between them, and about 4 or 5 years ago they were divorced at Chester by the Chancellor of Bishop of Chester. The husband alleged adultery against this respondent, although she never committed the same.
3. About Michaelmas last past 12 months ago, knowing Bindelose to be living, she married William Carr by licence in a chamber in the house of one Armestead, then curate at Gisburne.
4. From then until Low Sunday last she and William Carr lived together as man and wife and had carnal knowledge together.
5. – 6. Nothing of any import.
Answer of William Carr to the libel of James Stock
19 May 1599
1. He believes it to be true.
2. Robert Bindelose is still alive. He and Alice were divorced at Chester for adultery alleged against Alice.
3. About Michaelmas last past 12 months ago he and Alice, knowing Bindelose to be living, were married by one Armestead, curate of Gisburne, in a chamber in his house, having a licence procured by one Thomas Ardwick from York.
4. They have lived together in one house and had carnal copulation together.
5. – 6. Nothing of any import.
Stocke v Carr & Bindloss; Matrimonial dispute 1599
CPG 3082
Letter from David Yale, Official Principal of the Bishop of Chester
Robert Ireland, Rector of Christleton, by letters dated 20 February 1593, in a divorce case at Chester, between Robert Byndlose of Warton and Alice Byndlose alias Dockerey , gave the following definitive sentence or final decree.
Robert and Alice were married for not a few years. One or both were minors when they were married; Robert not more than 13 years old and Alice Dockrey 11. Robert and Alice allege, or tacitly accept, that they were not married of their own free will. Robert denies that he cohabited with Alice for a long time. He says Alice committed adultery both within the parish of Kendal and in other places with various men.
In 1587 she committed adultery with James Potter, late of Kendal, in the house of Robert Byndclose at Helsington. He says she kept James secret in a great chamber at Helsington. He always came by night, was kept close in the day, and left again by night. At that time she sent one Margaret Milner, her servant, to an outhouse where she thought James was, and Margaret said, “James Potter, my mistress would have you to stay there where you are till the servants be gone to bed.” Margaret continued that her mistress had appointed her to leave open the great chamber door, whereat, when all were at their rest, he might come in, but wished him to beware waking the child that lay with her.
At which time, although Alice had thought James was in the outhouse, in truth the words were spoken to the above named Robert Brynclose, who, having justly conceived suspicion of the said Alice’s lewd life, had secretly conveyed himself into the said house, to see how she behaved in his absence.
In 1590 she committed adultery with Richard Warriner of Kendal. Near Easter Richard was found naked in the bed where Alice used to lie at the Town End Hall near Kendal, being the dwelling house of one James Midgley. James and his wife, lying in bed, heard in the night time such jumbling and trucking of the bed as seemed so strange that James, arose somewhat early in the morning to know the cause thereof. He met Alice coming out of the chamber and found Richard naked in the bed and wrapped in the bedclothes.
Alice has confessed that she and Richard Warriner lay together every week, and she would have married him but for fear of Robert Bynclose. Also that Richard Alice “would ly all the night longe betwene her, the said Alice, and her maide, and never offerre to stirr her said maide.”
Whereupon, faith having been made, Robert Byndclose sought that Alice should be pronounced and declared for lewd and adulterous behaviour, and the bond of marriage severed and divorced by this definitive sentence and final decree.
The merits and circumstances of the matter having been considered, we uphold the case of the said Robert Byndclose, nothing having been produced by the aforesaid Alice Byndclose alias Dockerey to displace it.
Stocke v Carr & Bindloss; Matrimonial dispute 1599
CPG 3082
Definitive Sentence, Consistory Court of York, 6 December 1599.
The merits and circumstances of a certain divorce cause between James Stock, notary public, our Official, the moving party, and William Carr and Alice Bindclose alias Dockrey alias Carr, the defendants, our decision is handed down in these words. We uphold the case of the moving party, nothing having been produced by the other party to displace it.
Therefore we decree and declare that the marriage solemnized between William Carr and Alice Binlose still stands, because the true, pure and lawful marriage between Robert Bindclose and Alice already solemnised is null and void in law.
William and Anne are dismissed and ordered to pay the church’s expenses.
FILE - [no title] - ref. F8/II/466 - date: 1594
Contents
Settlement by Robert Byndclose of Townend Hall, Kirkby Kendal co. Westmoreland, gent. and Alice Byndclose al. Dockrey, lately divorced from Robert to Thomas Dockrey of Giggleswick co. York, of Townsend Hall and apps.
FILE - Bargain and sale - ref. MD335/2/1/1/2/1 - date: 28 Oct 1604
Contents
1. George, Earl of Cumberland, Francis Clifford his brother, and William Ingilby of Ripley 2. Robert Bindloss of Eshton and Francis Bindlosse his son and heir apparent Property: capital messuage of Eshton Hall and lands [field names given], and capital messuage called Nether Hesleden [field names given] in Littondale Recital of mortgage of 2 Nov 1596 [Former ref: Box 32/1]
TnquisitlOn taken at Lancaster, 18 March, 21 James
No. 97. J[ [1623-4], before Edward Rigby, Esq., Escheator, after the
i6 8 2^24. death of Simon Dawney, late of Whittington, gentleman, by
1 In Whittington parish.
LANCASHIRE INQUISITIONS. 417
the oath of the same Jurors, who say that Simon Dawney
long before his death was seised in fee of I messuage and 16
acres of land, meadow, and pasture in Whittington, lately
purchased of Robert Bindlosse, Knt. ; I messuage and 6 acres
of land, meadow and pasture, in Whittington, lately purchased
of Miles Bailiffe ; 2 acres of land, meadow and pasture, in
Whittington, lately purchased of William Harrison and fames
JoJmson ; I messuage and 12 acres of land, meadow and
pasture, in Newton, 1 lately purchased of Henry Brabine, gent. ;
5 roods of land in Newton, lately purchased of Thomas
Nelson ; I acres of land in Newton, lately purchased of
Edmund Tathani ; 3 roods of land in Newton, lately pur-
chased of Edward Godsalve ; 3 roods of land in Newton,
lately purchased of John Knight ; 5 roods of land in Newton,
purchased of Thomas WJiitJicad ; 6 roods of land in Newton,
purchased of Leonard Even ; and 3 roods of land in Tunstall,
lately purchased of William Burton.
The messuages, lands, and other the premises in Whitting-
ton are held of the King, as of his Duchy of Lancaster, by
knight's service, viz. by the 2OOth part of a knight's fee, and are
worth per ann. (clear) IDS. The lands and other the premises
in Newton are held of the King, as of his Duchy of Lancaster,
by knight's service, viz. by the 2OOth part of a knight's fee, and
are worth per ann. (clear) $s. By whom the lands in Tunstall are
held the Jurors know not, and they are worth per ann. (clear) 6s.
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Records of Hill Court Estate
Catalogue Ref. F8
Creator(s):
Trafford family of Hill Court, Herefordshire
ref. FILE [no title] - ref. F8/II/466 - date: 1594
[from Scope and Content] Settlement by Robert Byndclose of Townend Hall, Kirkby Kendal co. Westmoreland, gent. and Alice Byndclose al. Dockrey, lately divorced from Robert to Thomas Dockrey of Giggleswick co. York, of Townsend Hall and apps.