Trial notes for Christopher kenn & Elizabeth Stowell – webtrees

Trial notes for Christopher kenn & Elizabeth Stowell

Media file	Title: Trial notes for Christopher kenn & Elizabeth Stowell Media type: story Format:
Record ID number	589ea2a5-9270-42ab-8e1a-b0401df582eb
OBJE:_DSCR	Original in: The Reports of Sir Edward Coke, Knt: In Thirteen Parts, Volume 4, Google ebook
OBJE:_META	<metadataxml><content><line>Notes from the trial of Elizabeth Chudleigh, Duchess of Kingston (1720-1788) for bigamy referencing an earlier case relating to Christopher Kenn, Elizabeth Stowell and daughter Martha.</line><line /><line>[Some of the words are scanned incorrectly. The original is available as a free eBook from Google. ]</line><line /><line>My lords, this case of Kenn, which is reported 7 Coke, 43, has been already opened to your lordships: but it being in my apprehension extremely material in this cause, containing the whole learning that is to be met with in the hook upon the subject, and going the whole length, as I humbly submit to your lordships it does, that it is our business to contend for in behalf of the noble person at the bar, your lordships will not perhaps think it mis-spent time in me to state it more particularly. It was a case in the court of Wards, in which Thomas Robertson and Elizabeth his wife were plaintiffs, and Florence lady Stnllenge defendant. The case was, that Christopher Kenn dc facto took to wife Elizabeth Stowell, and had issue by her Martha; soon after this, there appears to bare been a suit brought iu the court of Audience, in which the judgment given was in these words: "prsetensunt contractual et matrimonium inter Chr. Kenn et Eliz. Stowel in minore relate eorundem aut eorum alterius habitum fuisse: eosdemque Chr. et Eliz. tarn tempore solemnizatiouis dicli matrimonii quam etiam continuo postea, eidem matrimouio dissensisse, ac eo prretexiu hujusmodi matrimonium in hum et invalidura fuisse: necnon antedictos Chr. Kenn et Eliz, Stowel ab dicto matrimouio separandos et divorciiindos fore pronunciamus, eosque separsmus et divorciamus, iisdemque Chr. et Eliz. 2F</line><line /><line /><line /><line>libertatem ad -alia vota convolandi concedimus per hanc sententiam nostra m definilivam."</line><line /><line>My lords, after this Kenn married another wife, Elizabeth Beckwith; and after this it appears thai Elizabeth Beckwith brought a suit before the commissioners ecclesiastical 10 enquire again into the validity of the marriage between Christopher Kenn and Elizabeth Stowell: there that marriage was again pronounced against, and the marriage of Christopher Kenn with Elizabeth Beckwith was affirmed. Then Elizabeth Beckwith died, and Christopher Kenn married Florence, by whom he had issue Elizabeth, and then died. At last the question came on between the issne of Christopher Kenn by Florence, and Martha the issue of said Christopher Kenn by his first wife Elizabeth Stowell, who desired she might lie permitted to aver against the sentence formerly given against the marriage between Christopher Kenn and Elizabeth Stowell, declaring that she could prove, that the w hole was founded aon an absolute falsehood; atid that those parties, who are declared by the sentence of the Ecclesiastical Court to have been married in their minority, and to have dissented to the marriage in the moment it was solemnized, and ever after, had cohabited as husband and wife for ten years, and had issue Martha, the party before the court. This the ■aid party averred, and undertook to prove in the court of Wards, in order to avoid the effect of the sentence of the Ecclesiastical Court against the marriage between her father and mother. But it was resolved by all the justices and barons, that the said sentence should conclude aa long as it remained1 in force. And in answer to the averment that the sentence Was fouuded upon false facts, they said, that though the ecclesiastical judge sheweth the cause of his sentence, yet forasmuch as he is judge of the original matter, the loyalty of matrimony, we shall never examine the cause, whether it were true or not: for of things the cognizance whereof belougeth to the Ecclesiastical Court, we must give credit to their sentences, as they give to the judgments in our courts. In that same case it was, that lord Coke quoted the case of Corbett, and there there had been no sentence in the Ecclesiastical Court: that originally began upon the question of a right to an inheritance; and the party who claimed the inheritance was advised to bring a ■uit in the Ecclesiastical Court then against a woman whojaclitated, as he said, of an undue marriage with his elder brother. The party against whom this suit was brought in the Ecclesiastical Court applied for a prohibition, and the temporal court granted it; for thev said, there is no sentence of the Ecclesiastical Court in this case for you to reverse, no sentence has been given; therefore we will enquire, as far as we see we can do without interfering in' matters of mere ecclesiastical cognizance, respecting the loyalty of the marriage; and we may direct the ordinary to certify hereafter, if I there is a necessity for it; but there is no need</line><line /><line /><line>to apply to the Ecclesiastical Court in the present state of the case.</line><line /></content></metadataxml>
OBJE:_CREA	2021-06-04 01:05:09.000
OBJE:_CLON	_TID: 54822634 _PID: 26074841731 _OID: dfb72783-09f1-4630-8ad7-60b9f5acd1a5
OBJE:_ORIG	u
Unique identifier	823047D50B0D406387C6D6B881EDAA32AE40

Alive Dead Death>100 Death<=100 Birth>100 Birth<=100 Roots Leaves
Given names	Surname	Sosa	Birth		Place		Death		Age	Place	Last change
Christopher Kenn Christopher de Chesney Christopher Kenne Father: John Keene Mother: Margaret Baynham				1530	494	Sussex, England	0	January 21, 1592	432	62	Sussex, England	Never	M	YES	YES

Both alive Widower Widow Both dead Roots Leaves Not married Marriage>100 Marriage<=100 Divorce Multiple marriages
Given names	Surname	Age	Given names	Surname	Age	Marriage		Place		Last change

Sources
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