Court Depositions of South West England, 1500-1700

Case type: Matrimonial

Summary: Roger Hill v Anne Percivall: Witnesses testify concerning an alleged betrothal between widow Anne and Roger, a cardmaker.

Source: Wiltshire and Swindon History Centre, D1-42-61

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Key

Gloss: definitions of key terminology.

Interpretation: matters of interest and importance relating to how evidence recorded in the depositions is analysed.

Technicalities of the court: procedural information about the operation of the courts and the recording of depositional evidence.

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Original Spelling Transcription

^23 Oct 1671^

hill Cont[ra] Perceivall in Ca[us]a Jactita[n]ois M[at]r[im]o[n]ii

Depositiones Testi[moni]u[m] in d[i]c[t]a Causa sup[er ]Lib[el]lo Ex p[ar]te Hill Dat et admisse Capte sequintur vizt.

Deposition 1

Joh[n]es Munday de Civitate Nova Sarum in Comit[atu] Wilts Feltmaker nat apud orcheston S[anc]ti Georgii in Com p[re]dict, Sed vixit in Civitate Supradict p[er] Spatiu[m] viginti Annor[es] ant de Circiter, Partes in huicoi Nego[c]ia litigantes p[er] Spatiu[m] 7 Anor[es] respe novit, Testes iurat depon[i]t ut sequitur./

Ad 1 Art[icu]lum Libelli in huicoi nego[c]io Dat et Admis depon[i]t et Dicit, That since the decease of the Plaintiffs wife about 3. yeares since or thereabouts, he knoweth not, nor Ev[er] heard that the said Pl[ainti]ff Contracted Matrimonie w[i]th any p[er]son w[ha]tsoev[er]. And that he is at this time free from any Such Contract so farre as he knowes or beleives Excepting alwayes w[ha]t he knows he shall hereaft[er] depose in & Concer[n]ing the Cause now depending b[e]t[wee]n the Pl[ai]ntiff Roger Hill of the Cittie of New Sarum Cardmaker And Anne Perceivall of the said Cittie Spinster Daught[e]r of William Perceivall of the Same Cittie Inholder/

Ad 2 Art[iclu]m Deponit et dicit: that in ye Moneth of Septemb[e]r in ye yeare 1670 about a fortnight before Michaelmas This Deponent haveing businesse w[i]th one Thomas Barge a Carrier Co[m]monly Called the Yevill Carrier who makes his usuall Inne or Stage at the Signe of ye Greyhound in Sarum aforesaid w[hi]ch house then was & now is in the Tenure or Occupac[i]on of William Peicivall of ye same, And p[ar]ticularly for yt this Dep[onen]t was to receive Monies from the said Tho[ma]s Barge was [...] pr[e]sent at & in ye house of the said Will[ia]m Peircevall And also haveing like Occasions for the receipt of oth[e]r Monies from the said Thomas Barge in the Mo: of Oct following (but more Certaine time, he doth not now rememb[er]) & neare upon or about a fortnight aft[e]r Mich[aelma]s aforesaid, was then like-wise pr[e]sent at & in ye house of ye said Tho[ma]s W[illia]m Peircivall E[x]pecting the said Carrier togeth[e]r was one Richard Durnford of ye aforesaid Cittie Feltmaker, And in ye Company of Anne Perceivall aforesaid Def[endan]t & a serv[an]t Maide of the same house (whose name he knoweth not) The said Anne Perceivall did Then & there at One of the times aforesaid (& More Certaine time he this Dep[onen]t now remembreth not) in pr[e]sence of ye aforemenc[i]oned p[er]sons speake & declare words to this Effect as followeth. That Roger Hill the Pl[ai]ntiff in this Cause was depending, was as much her Husband as the said John Munday This Dep[onen]t was Husband to his wife The Solempnity of Marrige onely Excepted. But wheth[e]r she Expressed the words (before God) in ye said Article Menc[i]oned he knoweth not. Nor doth now Rememb[e]r. But wheth[er] The said words were Maliciously spoken (as in ye said Article is Expressed) he knoweth not. Et al[ite]r q[uo]d eand Ar[ticu]lum Quam supra deponit non potest deponere./

Ad 3 Ar[ticu]lum Refert se ad iur[a]./

Ad 4 Ar[ticu]lum Deponit et Dicit, That the said Anne Perceivall [...] was at ye time of ye deliverie of the words before deposed & Now is liveing at ye house of of [sic] her Father Will[ia]m Percivall w[i]thin ye Cittie of New Sarum aforesaid./

Ad 5 Ar[ticu]lum Depot et dit, That Mr Hill & Mr Perceivall are both very good frends [...] rath[er][...] but wishes that eith[er] man take [...] Et [...] ut supra refert se ad predeposita sua Et ad iur[a] et aliter nescit deponere.

Ad 6 Ar[tic]lum Deponit et dicit Quod refert se ad pr[e]deposita quod credit est de vera Et ad Iura Et nescit [...]

John Munday

Lecta et repetit. Coram ven[era]li vico Mro Lewe LL. Dioce Can[c]i[llar]io 23tio d[i]e M[en]se Octob[r]is 1671

In p[re]tentia Mri Guil[a]mi Prince Not[ar]ii Publi. Rep: Dep /

Interro[g]ia Ministrat Ex p[ar]te et p[er] p[ar]tem de Anna Percivall

Joh[n]es Munday de Civitate Nova Sarum in Com Wilts p[re]dict ad Intero[g]ia Ex p[ar]te adversa Ministrat respondet et Dicit et Sequitur./

Ad 1 Interro[gator]ium [...] satisfactum est in Titulo depositionum./

Ad 2 Interro[gator]ium respondet negative.

Ad 3 Interro[gator]ium Respondet et dicit That he favoureth neith[er] partie More then other, sed optet victoriam ins habenti: Et

Ad 4 Interro[gator]ium resp[onde]t et dic[i]t. That he favours neith[e]r p[ar]tie more yn oth[e]r but wishes right may take place

Ad 5 Interr. Resp[onde]t et dic[i]t. That he is worth 40 L Each p[er]son paid.

Ad 6. 7. et 8. Interro[gator]ia resp[onde]t se negative.

Ad 9 Interr. Resp[onde]t se. That he hath heard a report of ye said Mr Hills Courting the said Mrs Percivall but how true he Can[n]ot say.

Ad 11. et 12. Resp[onde]t et dic[i]t Quod refert se ad p[re]depo[s]ita Qua[m] Credit esse vera. Et al[ite]r non p[ar]t respondere.

Lecta et repetita ut antea./

John Munday

Deposition 2

hill Contra Percivall Ca[us]a Jacita[n]ois Matr[imon]ii

Depo[s]ic[i]o[n]es &c.

Patience Yates de Purton in p[ar]ochia de Idmiston in Com Wilts vid[na] natus apud Wareham in Comit[atu] Wilts sed vixit in Purton pr[e]dict p[er] spatium xxti An[n]or[es] Partes in huicoi nego litigant respe novit vizt. Novit Mr Rogerum Hill p[er] spatium dimid[ium] An[n]i Et plus ultra et Anna Percevall p[er] spat[ium] 3 An[n]or[es] Testes iurat deponit &c. ut sequitur.

Ad 1 Art[icu]lum in huicoi nego Dat. et admiss. Respondit et dicit, that she knowes nor Ev[er] heard That ye said Mr Hill was Ev[er] Contracted to any one, More yn w[ha]t she heard the Def[endan]t Mrs Anne Percevall say, w[hi]ch hereaft[e]r she shall depose.

Ad 2 Art[icu]lum &c. resp[ondi]t et dic[i]t That before somtime & a little before valentides day last in ye yeare 1670 & (more Certaine time she remembreth not,) This Dep[onen]t happening to be in the Shop of Mrs Morgan hosier, situate in Minster Street in ye Cittie of New Sarum, There Came into ye said shop Mrs Anne Percivall upon pr[e]tence of boying some small Comedities, & tooke Occasion to tell Mrs Morgan (then in ye shopp) that her Daught[e]r (meaning Mrs Cragge) should have a Care how she p[ro]ceeded w[i]th Mr Hill for he had p[ro]mised her Marriage div[er]s times & was her Husband, as much as any Man was any Woman’s, Marriage only Excepted: & that afterwards Mrs Cragge invited ye said Mrs Percevall to goe into ye house, w[hi]ch she did, but w[ha]t discourse aft[e]r happened she knows not. Et al[ite]r non potest deponere.

Ad 3 &c. resp[ondi]t et dic[i]t Quod refert se ad iur[a]; Et al[ite]r &c.

Ad 4 &c. resp[ondi]t affirmative.

Ad 5 &c. resp[ondi]t et dicit quod refert se ad pr[e]depo[s]ita et ad iur[a], Et al[ite]r &c.

Ad 6 Art[icu]lum resp[ondi]t et dicit Quod o[mn]ia et singula p[er] Eam in hac p[ar]te pr[e]depo[s]ita Credit esse vera &c. Et al[ite]r.

Lect. Et repetit. Coram Cancell[ario]. 23io Oct. 1671. In p[re]tente me W[illia]m Prince

Patience Yates her marke

23 Oct 1671

Idem Patience Yates ad interro[gator]ia &c.

Ad 1 satisf[a]c[t]um est in Tit[u]lo depo[sit]ium.

Ad 2 Interr in hoc nego &c. resp[ondi]t et dicit neg[ativ]e.

Ad 3 &c. Resp[ondi]t &c. That she favours neith[er] p[ar]tie but wishes right may take place.

Ad 4 &c. resp[ondi]t et dicit. That she gives her testimony freely in this Cause w[i]th out any hope of reward & yt she hath not bin p[ro]mised or received any thing.

Ad 5 Interr. resp[ondi]t &c. That she is a poore widdow & worth nothing save w[ha]t she gets by her labour.

Ad 6 resp[ondi]t negative.

Ad 7 resp[ondi]t negative.

Ad 8 Interr. resp[ondi]t negative.

Ad 9 Inter. She knowes nothing but w[ha]t she heard from Mrs Percivall, & therefore referes her selfe to her depo[s]i[ci]ons.

Sim[i]l[a]r resp[ondi]t ad 10 Interrogat[iu]m.

Sim[i]l[a]r resp[ondi]t ad 11. et 12. Interro[gator]ia.

Lect &c. ut antea

Patience Yate ^her mark^

Deposition 3

Hill Cont. Percivall in Ca[us]a Jacita[n]ois Matr[imon]ii

Depositiones &c.

Maria Morgan de Civitate Nova Sarum in Com[itatu] Wilts vid[na] ubi nata fuit et vixit p[er] Spatium Sua vita, Et p[ar]tes in hoc nego[t]io litigantes p[er] Spatium Quinq[ue] annor[es] ant de Circit[er] respe novit, Testis iurat, Deponit ut sequitur./

Ad 1 Ar[ticu]lum in huicoi nego dat et admiss Deponit et dicit. That she knowes not, nor Ev[er] heard that ye Pl[ain]t[i]ffe was any way Concern[e]d in Contract with any p[er]son, saveing w[ha]t she shall hereaft[er] depose Concerning the p[ar]ties in this Cause.

Ad 2 dep[oni]t et dicit, That about ye latter End of Jan[uar]ii or ye begin[nin]g of Feb[rua]rii last past in ye yeare 1670 (& more Certaine time she now rem[em]breth not) Mrs Anne Percivall the Def[endan]t came to ye shop of this Dep[onen]t in Sarum pr[e]tending to buy some small Com[m]oditie, but as this Dep[onen]t verely beleives to p[re]vent a marriage b[e]t[wee]n Mr Hill & this Dep[onen]ts Daught[er] for being in this Dep[onen]ts shopp as aforesaid she tooke occasion to tell this Dep[onen]t That she would advise her Daught[e]r Mrs Cragge widdow (for whome she supposed Mr Hill to have some kindnesse) that she should have a Care how she p[ro]ceeded in ye way of Marriage with him, for that ye said Mr Hill was her Husband as much as any man could be any Womans Marriage Only Excepted, & that Mr Hill knew well Enough & the said Widow Cragge Comeing into ye shop in ye meane time desired ye said Mrs Percivall out of Civilitie & to avoid Clamour to walk into ye next roome, & Mrs Percevall did goe with ye said Mrs Morgan & Mrs Crage into ye Kitchen of ye said house, where Mrs Percivall repeated the same words above written, w[hi]ch she had uttered in ye shopp whereupon Mrs Morgan this Dep[onen]t & Mrs Cragge (1st adviseing ye said Mrs Percivall to Consider w[ha]t she did, for if w[ha]t she speke were not true she might doe Mr Hill a great deale of wrongne) tould ye said Mrs Per[civa]ll if w[ha]t she did report were true they were only fitt ye one for ye oth[e]r & for none els, & this Dep[onen]t & Mrs Cragge did faithfully p[ro]mise the [...] said Mrs Per[civa]ll yt there should be noe furth[e]r treaty b[e]t[wi]xt ym Concerning Marriage till Mr Hill had Cleared himselfe of w[ha]t was thus reported by her, & this Dep[onen]t & the said wid: Cragge (knowing that ye said Mr Hill was to Come to ye house in halfe an houre or thereabouts) were urgent w[i]th Mrs Percivall to stay till he Came but, or they would pr[e]sently stay send for him & would doe their utmost Endeavor to Make peace b[e]t[wee]n ym. But they Could by no Meanes p[er]swaide her to stay, & afterwards yn Mr Hill Came in, This Dep[onen]t & Mrs Cragge acquainted him of w[ha]t had past from Mrs Percivalls one Mouth Concern[in]g him; whereupon he p[ro]tested as in ye p[re]sence of God that he nev[er] made her the least p[ro]mise Conc[erning] Marr. b[e]t[wee]n him & her, Neith[er] did he Ev[er] Conclude any thinge w[i]th her freinds or her selfe Concerning ye same.

Ad 3 Ar[ticu]l[u]m refert se ad iur.

Ad 4 Art[icu]l[u]m Dep[oni]t affirmative.

Ad 5 Ar[ticu]l[u]m Refert se ad p[re]depo[s]ita et ad iur.

Ad 6 Art[icu]lo similar Qua o[mn]ia et singla Credit esse vera.

Lecte et repetita Coram ven[era]li vico Edw Lowe. Ll: Dean Cancell[ario] se 23 die M[en]so Octob. 1671

Mary Morgan

Idem ad Interrogatoria.

Ad 1 satisf[a]c[tu]m est in tit[u]lo depo[n]ium

Ad 2 Inter. Resp[ondi]t negative.

Ad 3 Int. resp[ondi]t &c. That she favo[ur] neith[e]r p[ar]tie above oth[e]r but wishes that right may take place.

Ad 4 Inter respond[i]t et dic[i]t That she gives her Testimony freely & only for justice sake w[i]thout any reward in p[re]sent or to Come.

Ad 5 [...] resp[ondi]t et dicit That she is worth 100 L Every one p[ai]d.

Ad 6 et 7 Interr resp[ondi]t et dic[i]t negative.

Ad 8 Int[er] resp[ondi]t similar.

Ad 9 Int. resp[ondi]t et dicit That she hath heard a flying report of it but how true she knoweth not.

Ad 10 Inter. she hath heard Mr Hill say ye Contrary as in her depositions to w[hi]ch she referreth her selfe

Ad 11. et 12. Inter refert seipsam ad pr[e]depo[s]ita sua et al[ite]r non potest rondere.

Lecta et repetita ut sup:/

Mary Morgan

Deposition 4

Hill Cont Percivall

D[i]c[t]a et Depo[osition]s Testium in diu Ca[us]a super alleg[e]d Ex p[ar]te Percivall dat &c. Capta Sequit[u]r vizt.

Thomasin Hutchins de Civit Nova Sarum in Comit Wilts spinst[e]r ubi moram fecit et vixit per Spatiu[m] vita Sue. Et p[ar]tes in hoc nego litigan p[er] tot. illa tempus respe novit Testes iurat, deponit et Sequitur./

Ad 1 et 2 Ar[ticu]lum Allega[ci]o[n]is in hac Ca[us]a dat et dep[oni]t et dic[i]t That about 3 yeare ago this Dep[onen]t beleives that the parties Concerned in this Cause were both free from all man[ne]r of Matrimoniall Contract w[i]th any p[er]sons w[ha]tsoev[er]. & that about so long Since it was that Mr Hill began to expresse an affection for Mrs Anne Percivall ye p[ar]tie defend[an]t in this Cause, & that he was a dilig[en]t & Earnest suitor to her for ye Space one whole yeare & more, insomuch this Dep[onen]t beleives he Scarcely missed one day in Corting of her by all that time Except he was forth of towne, or otherwise hindered by Sicknesse & So Continued his Courteship in like mann[e]r till aft[e]r the death of old Mrs Percivall Moth[e]r to ye said Anne w[hi]ch was about two yeares since, but that a little before her death, this Dep[onen]t haveing heard Some reports in ye towne that Mr Hill should speake sleightingly of ye said Mrs Anne Percivall, did acquaint her Old Mrs therewith (this Dep[onen]t being then serv[an]t to her) who beset Mr Hill therewith at his next Comeing to her Daught[e]r inquireing of him w[ha]t he intended by such dealings w[i]th her Daught[e]r ( for they were then lookt upon as man & wife the Solemnity of Marriage only Excepted) w[hi]ch Mr Hill was much troubled at & it seem’d in a great rage, & would then have sent for the p[ar]ties who had raised such reports but the said Mrs Percivall gave Creditt to Mr Hill, who p[ro]tested how much he loved Mrs Anne Percivall & that ye repoorts were folie & yt he utterly disowned them, asking this Depo[nen]t said Mrs w[ha]t she tooke him to be, & yt he hoped she could not beleive him So very a villaine but yt he would make good his p[ro]mites (or words to that Effect) & that he would prove them all Lyars very shortly & that he wold nev[e]r marrie any oth[e]r woman liveing but her Daught[er] Mrs Anne Percivall. Et al[ite]r nescit deponere ad &c.

Ad 2 Art[icu]lum huicoi Allega[c]ois Dep[oni]t et dicit, That there was & is a publiq fame & notorious fame of all the Contants of this Ar[tic]le w[hi]ch she does beleive as she hath good reason for ye Same, that it is true in her p[ar]t thereof but Cannott particularly depose as to ye portion Otherwise then upon Report & heresay. Et al[ite]r refert se ad p[re]depo[s]ita &c.

Ad 3 Ar[ticu]l[u]m Dep[oni]t et dic[i]t That Mr Hill did treate w[i]th her Mast[e]r & Mrs about ye marriage of their D[aughte]r he haveing obtained her Consent long before y that there was a Com[m]mon speech in the house & els where that all was Co[n]cluded & that they were Speedily to be marryed, & that old Mrs Percivall before her death bought her D[aughte]r severall things & gave her a bed w[hi]ch she had newly made up & finisht on purpose for her wedding. & this Dep[onen]t verely beleives that the Mr Hill durst would not have falne off from if Old Mrs Percivall had lived, & that they would speedily have been Marryed, & that Mr Hill nev[er] fell off till he heard old Mr Percivall was goeing to Marrie ag[ai]n & particularly w[he]n the report was hott that he was to Marrie w[i]th Mrs Smedmore of this Citty. Et al[ite]r

Ad 4 Ar[ticu]l[u]m Dep[oni]t That this Dep[onen]t happened to bringe the Lett[e]r from the post in w[hi]ch was Contained the news of old Mrs Percivalls death at London at such time as Mr Hill ye Pl[ain]t[iff] was then p[re]sent w[i]th Mrs Anne Percivall who opened the Lett[e]r who opened the Lett[e]r [sic] w[hi]ch was directed to her unckle & therein was Contained ye death of her Moth[e]r w[hi]ch Caused a very great passion in Mrs Anne Percivall that she Could not read any forth[e]r. but Mr Hill tooke ye Lett[e]r & read it out ov[er] & seem’d much troubled & comforted Mrs Anne Percivall who Calling upon her Moth[e]r Mr Hill bad her not to trouble her selfe saying: dust think I will not be better then a Moth[e]r to yee. Et al[ite]r non ar[ticulum]

Ad 5. 6. 7. 8. et 9 Ar[ticu]los non al[ite]r potent deponere quam p[re]depo[s]int; &c.

Lecta et repetit Cora[m] Mr Richo Kent Surrog. 20 die mensis Januarii Ano Diu 1671 /.

The marke of Thomasin Hutchyn

Deposition 5

Hill Cont Percivall

D[i]c[t]a et Depo[ositioni]s t[est]is in d[i]c[t]a Ca[us]a sup[er] alleg Ex p[ar]te Percivall dat &c. Capt. Sequitur Et [...] vizt.

Joh[n]is Gilbert de Civitate Nova Sarum in Com Wilts Cloath worker ubi vixit et moram fecit per Spatium. 60. Annor[es] ant de Circit[e]r etatis 64 annor. ant de Circit[e]r partes in hoi nego litigan p[er] Spatium Quinq annor. respe novit Test. iurat Depo ut Sequitur./

Ad 1 Ar[ticu]lum Allega[cio]nis in humoi Causa Dat et admiss Depo[ni]t et dicit negative:

Ad 2. 3. 4. 5 et 6 Ar[ticu]los Dicit That he Cannott otherwise depose then upon heresay & report.

Ad 7 Ar[ticu]lum humoi Alleg Dep[oni]t et dicit That about Midsum[me]r last Mr. Rog[e]r Hill ye Pl[ainti]ffe in this suite by the Recom[m]enda[c]ions of some applyed neighbours applied himselfe to this Dep[onen]t desireing & intreating him to Mak be a meanes of makeing peace b[etwi]xt him ye said Hill & Mr. Will[ia]m Percivall & his Daught[e]r of this de Citty, & that if he would undertake or Endeavo[u]r ye same & p[ro]cure peace b[etwi]xt ym so that this suite and all oth[e]r Controversies might cease & Could obtaine an acquittance or Cleare discharge from ye said Anne Percivall, he ye said Roger Hill did p[ro]mise & Engage to gratifie him very well for his paines & would be willing to pay all of the Costs & Charges of the Suite depending whereupon this Dep[onen]t acquainted Mr. Hill that he had some interest in Mr. Percivall &c. & would use his Endeavo[u]r to make peace b[etwi]xt ym according to his disire, & accordingly did make Severall iourneys to Mr. Percivalls house at least 6 or: 7 times before he Could worke any thing upon ye said Mr Percivall or his D[aughte]r at last this Dep[onen]t p[re]vailed w[i]th Mr. Percivall so farre that he was willing to referre the whole matt[e]r in difference b[etwi]xt him his D[aughte]r & ye said Mr. Hill to this Dep[onen]t & his Broth[e]r in Law Mr. Will[ia]m Staples of this Citty, who accordingly did Conferre & Conclude ye Matt[e]r & made an absolute End of it, (as they beleived) & did award that Mr. Hill should pay all man[ne]r of Charges Expended in the Suite to w[hi]ch Mr. Percivall & his D[aughte]r were Consenting & im[m]ediately this dep[onen]t acquainted Mr. Hill therew[i]th who often before had followed him very Close to make an End of it, & Came very often to him to know w[ha]t Successe he had, & Expressed a great deale of Satisfac[i]on at the Conclusion & determinac[i]on w[hi]ch ye had now made & askt this Dep[onen]t wheth[e]r he gott a discharge from Mr. Percivall he tould he must 1st pay the Costs of Suite & he then Or undertake p[ro]cure a bill of them from ye Co[u]rt & engage to pay them & yn he should have a discharge, but m whereof Mr. Hill was very well Contented, & desired this Dep[onen]t to p[ro]cure him a Bill of ye Costs & Charg[e]s accordingly, but this Dep[onen]t tould him That yt was his owne businesse & not his, Saying he had done his part & Expected his reward, whereupon Mr. Hill tould him he would part w[i]th no Money till he had an acquittance from Mr. Mrs. Percivalls hand, & was Somthing uncivill in words to this Dep[onen]t who flung away from him in some ang[e]r & hath nev[e]r spoke to him since allthough he was some Money out of purse in goeing about this businesse. Et al[ite]r.

Ad 8. Ar[ticu]lum. non potest al[ite]r depon[er]e qui p[re]depo[s]it

Ad 9 refert se ad p[re]depo[s]ita que Credit et vera.

Lecta et Recognit cora[m] Mr. Will[ia]mo West Surro. 20 die mensis Jan[uar]rii A[n]no Diu 1671 p[re]sente me W[illia]mo Prince not.

John Gilbert

Deposition 6

Hill Cont Percivall

D[i]c[t]a et Depo[ositioni]s Testis Ex p[ar]te sup[er] alleg in sive Ca[us]a dat et Capt. Seq[uite]r vizt.

Martha Langley de Civit nova Sarum in Comit. Wilts vid: ubi nata et ib[u]m vixit a nitivitate sua, [...] part litigant in hui Ca[us]a novit p[er] super [...] 3 annor ant de Circit[e]r p[ar]tem defend in hui Cau[sa] p[er] Spatium viginti annores ant de Circit[e]r respe novit. Test dep[oni]t ut sequ[uitu]r...

Ad 1 Ar[ticu]l[u]m Alleg in humoi Cau[sa] dat et admissa dep[oni]t Alleg et dicit that in some or one of ye yeares ar[ticu]late the p[ar]ties litigant were free from all m[atrimo]nie Contract Eith[e]r to oth[e]r & as also to any oth[e]r p[er]son or p[er]sons w[hat]soev[er] as this dep[onent] verely beleives & farth[e]r saith & deposeth that about 3 yeares agoe or more as this dep[onen]t now remembreth the s[ai]d Roger Hill did adresse himselfe to, & freq[uen]t ye Company of ye said Anne Percivall in ye way of marryage, and for yt End they did frequently meet almost Every day once for the Space of one whole yeare & a halfe at least at this Dep[onen]ts house she being a neare Neighboure to the s[ai]d pericvall & this Dep[onen]t did Esteeme ym. to be man & wife by all the time they mett, there Otherwise this dep[onen]t should not have Sent so often to Mrs Percivall to have mett the s[ai]d Mr. Hill at her house: Et al[ite]r ad humoi Alleg non p[otes]t Dep[oni]t

Ad 5 Ar[ticu]l[u]m: This dep[onen]t Saith that she cannot particularly depose to ye this ar[tic]le because she was not p[re]sent at ye Conference or treaty or treaty menc[i]oned in the b[etwi] Mr Hill Percivall & Mr. Hill but she was then in the house at Mr. Percivall's & but w[ha]t discourse they had she did [...] inquire of Mr. Hill at yt time, but Mr. Percivall tould her that they were fully agreed; w[hi]ch this Dep[onen]t tooke for granted & that the Mr. Hill & Mrs Anne Percivall were up & downe at her house fo as before for at least a q[uarte]r of ayeare, [...] ye s[ai]d Mrs. Anne Percivall were to be Marryed & the s[ai]d Mr. Hill still answer'd as Soone as he Could gett into that it was her fault Meaning Mrs Anne Percivall for she would not be Marryed till he had gotten a bigger house, & this dep[onen]t saith that in Mrs Percivalls life time she inquired of Mr. Hill if all was agreed upon Concerning his Marryage w[i]th Mrs Anne Percivall & the portion he was to have w[i]th her & Mr. Hill answer'd yes it was & yt he suppos'd this dep[onen]t was not ignorant of it, & yt she knew well enough w[ha]t it was for yt it was in every ones mouth, for severall p[er]sons he had meet w[i]th could tell him w[ha]t he was to have, & particularly one Mr. Durnford whome Mr. Mathew's had tould of it upon ye way from London: whereupon this dep[onen]t p[ro]tested that she did not know w[ha]t it was, and yn. Mr. Hill s[ai]d that if this dep[onen]t would say nothing of it he would tell her w[ha]t it was for he was ashamed to menc[i]on it was so small, & this dep[onen]t p[ro]mised him she would not if he desired it, whereupon he tould this Dep[onen]t he was to have 50 li. w[i]th her & this Dep[onen]t askd him p[re]sently if he had accepted of it & he tould her 'I have accepted of it the more foole I' & from yt time more Especially she Esteem'd ym to be man & wife & so did ye whole neighbourhood round about the solemnity of marriage onely Excepted. Et al[ite]r non p[otes]t depon[er]e ad humoi ar[ticu]l[u]m.

Ad 6 Ar[ticu]l[u]m this Dep[onen]t saith that Mrs Keinton sist[er] of ye s[ai]d Mrs Anne Percivall did informe long time informe this dep[onen]t that Mr. Roger Hill did Expresse himselfe to her as is Contained & menc[i]oned in in this art[ic]le. Sed al[ite]r non p[otes]t dep[one]re qui p[re]deponit Et refert se ad d[i]c[t]a p[re]depo[s]ita sua que Credit esse vera.

Supa reliquis non Examinatur Ex Consentu p[ar]tis p[ro]ducentis.

Lecta et repetit Coram Mr Will[ia]mo West Surro p[ri]mo Aprilis 1672 p[re]sente me Will[ia]mo Prince Not. Publio Rego Depo

Martha Langly

Deposition 7

Hill Cont Percivall

D[i]c[t]a et Depo[ositioni]s Test in d[i]c[t]a Ca[us]a Super alleg[e] Ex p[ar]te Percivall dat et admiss Capt. Sequitur vizt.

Will[ia]mus Percivall de Civit nova Sarum in Comit. Wilts Inholder ib[u]m natus ubi vixit p[er] totu[m] tempus vita sua, etatis 50 ant de Circit[er] Pars litigans p[er] spatiu[m] 10 annor[es] bene novit, Pars defendens Est filia na[t]alis et ltina humoi testis iurat. Dep[oni]t ut Sequitur

Ad 1 Ar[ticu]l[u]m alleg in humoi Cau[s]a dat. et admiss dep[oni]t et dicit That about three yeares agoe (& more Certaine time this Dep[onen]t Can[n]ot well rememb[e]r) the parties litigant being free from all form[e]r M[atrim]oniall Contract as this Dep[onen]t verily beleiveth, the partie litigant (Mr. Roger Hill) did often frequent ye house of this Dep[onen]t upon ye score of affecion w[hi]ch he yn. violently professed to have for this Dep[onen]ts Daught[e]r Mrs Anne Percivall the p[ar]tie deff[endan]t in this Cause, & did p[re]sente his passion he soe p[ro]fessed to have for her, w[i]th such Earnestnesse & importunity that this Dep[onen]t is very Confident the said Mr. Hill did Scarcely intermitt one day for two yeares togeth[e]r (unlesse a iourney or Sicknesse prevented him) that he did not attend & addresse himselfe to his said Daught[e]r Eith[e]r at ye house of this Dep[onen]t or occasionally at some Oth[e]r neighbouring house, Et al[ite]r ad humoi Ar[ticu]l[u]m non p[otes]t Dep[one]re

Ad 2 Ar[ticu]l[u]m Dep[oni]t et dicit that he verye knowes the Contents of this Ar[tic]le to be true in Ev[e]ry p[ar]t & particular thereof (unlesse that he was not p[re]sent himselfe in Mr. Hills house (though his wife was & Div[er]s oth[er]s)) when ye said Mr. Hill did p[ro]mote Marriage to ye said Mrs Anne Percivall w[hi]ch was about Xtmas. 1670. at such time as ye said Mr. Hill had made an invitac[i]on to the said Mrs Anne Percivall & to this Dep[onen]t & his wife & divers oth[e]r freinds yn. p[re]sent (Except before Excepted) & the said Mr. Hill did yn. at yt time Earnestly presse this Dep[onen]ts wife that he might marrie her Daught[e]r (for that all things were Concluded b[twi]xt ym. selves long before) before she ye mother should take her iourney to London w[hi]ch was to be Speedily aft[e]r Twelfe markett (so called in Sarum was ov[e]r but this Dep[onen]ts wife (who long before at ye instance of ye said Mr. Hill had given her Consent to ye marrying togeth[e]r, perswaded him for Severall reasons that he would stay till she should Returne from London, & also this Dep[onen]ts Daught[e]r did at yt. time tell ye said Mr Hill yt. she was disireous not to marrie till he had removed into a bigg[e]r house, w[hi]ch Mr. Hill intended to have done into a house belonging to this Dep[onen]t & had done to and if the Ten[an]t Could have been p[re]vailed w[i]th to have gon forth, & therefore Mr. Hill tooke an oth[e]r house of his owne accord because ye. def[endan]t was very desireous not to marrie till he had 1st removed into a bigger house, w[hi]ch he did accordingly & as to w[ha]t is before sett downe to have bin Spoken by Mr. Hill at his house as aforesaid this Dep[onen]t p[ro]testeth was delivered to him by his wife at her coming home to his house aft[e]r her Entertainm[en]t at Mr Hills as aforesaid & was also Seconded by his said Daught[e]r & wilbe deposed by div[er]s oth[e]r witnesses w[he]n need shall require Et al[ite]r non.

Ad 3 Ar[ticu]l[u]m Dep[oni]t et Dic[i]t that before his wife happened to goe to London the said Mr. Hill Came to this Dep[onen]t & humbly Craved his Consent to Marrie his Daught[e]r ye Def[endan]t in Cause, w[hi]ch this Dep[onen]t tould Mr. Hill he gave him, & w[i]th out being putt upon it, or without being ask't any Question to ye purpose by Mr. Hill this Dep[onen]t tould m him, that as to any treatie of a Portion he would not have any thing hand in it, but did refer him to his wife, & tould him yt. w[ha]t ever his wife should p[ro]mise him he would make it good to him, & Mr Hill answered & said he desired no bett[e]r nor no more of him & did p[re]sently aft[e]r apply himselfe to this Dep[onen]ts wife who made a Conclusion w[i]th him, w[hi]ch was yt he should have the Portion in Money, & 10 li. in goods w[i]th her said Daught[e]r whereof she aft[e]r words acquainted this Dep[onen]t who was Consenting thereunto, & ye said Mr. Hill did p[re]sently acquaint ye said Mrs Anne Percivall yt all things were now fully agreed & Concluded on b[etwi]xt her Fath[e]r & Moth[e]r & himselfe & yt now there wanted only yt solemnizac[i]on of their nuptialls, w[hi]ch words were Spoken a litle before this Dep[onen]ts wife went for London as she this Dep[onen]ts wife & his said Daught[e]r did then declare to this dep[onen]t whose wife happened to take her iourney for London as aforesaid on or neare the 25th day of January 1670 & died there the 14th of Feb following before w[hi]ch time she had bought sev[er]all things to a Considerable value in ord[e]r only to her Daught[e]rs wedding at her returne & with full purpose to bestowe ym. upon her said Daught[e]r. Et al[ite]r non p[otes]t ad humoi Ar[ticu]l[u]m

Ad 4 Ar[ticu]l[u]m Dep[oni]t et dicit: that aft[e]r ye death of this Dep[onen]ts wife, moth[e]r of ye said Anne Percivall ye def[endan]t w[hi]ch w[hi]ch happened neare or upon Shrove tuesday 1670 the said Mr. Roger Hill applied himself ag[ai]n to this Dep[onen]t Craveing his Consent in ye 2d. place & telling him that (in ye p[re]sence of his Daught[e]r ye def[endan]t) that his wife had given her free Consent in her life time to yr. Marriage & that upon treaty w[i]th her (according to this dep[onen]ts ord[e]r) she had Concluded w[i]th him that he should have 60 li. in Money & 10 li. in household goods, besides w[hi]ch she of her Motherly love should give more to her said D[aughte]r & thereof supposed his wife had given him an acc[oun]t before her goeing to London as aforesaid, all w[hi]ch this Dep[onen]t did then acknowledge, & replyed & said unto ye said Roger Hill God blesse you & my Daught[e]r togeth[e]r. I will make good to you ye portion w[hi]ch my late wife p[ro]mised you & will make it somw[ha]t bett[e]r besides w[ha]t I may do hereaft[e]r for her, w[hi]ch Portion & p[ro]mise ye said Will[ia]m Percivall this Dep[onen]t the said Roger Hill kindly imbraced & gave him thanks & then Concluded w[i]th him this Dep[onen]t who ask't of him if he were Satisfied according to his desire, & he answered that he was fully satisfied & that his Daught[e]r & he were man & wife before God & as they had been long before & that there was nothing wanting but ye solemnitie of yr. Marryage w[hi]ch that should not now be long before; Et al[ite]r non p[otes]t dep[oni]t ad humoi Ar[ticu]l[u]m./

Ad 5 Ar[ticu]l[u]m dep[oni]t et dic[i]t that at ye last time of [...] his Conference w[i]th ye said Mr Roger Hill about this matt[e]r as it is specified & set forth in ye next present Ar[tic]le he desired ye said Mr Rog[e]r Hill to lett him knowe w[ha]t he would or Could offer his said D[aughte]r to live on, in or for her live hood aft[e]r him, in Case he should dye before her, & he replyed & answered that he had some Land at or about Frome in Som[er]settshire w[hi]ch he held by Copie hold, & yt he would renew his Copie & put her life therein very shortly but that he Could not do it at p[re]sent for that there was some Contest in Law b[etwi]xt S[i]r James Thine & an oth[e]r Gent[lema]n about ye Manor Land wherein ye said Land laye or words to this Effect, & did then also affirme ye form[e]r Contract agreem[en]t & p[ro]mise of Marryage b[e]tw[een] himself & this Dep[onen]ts Daught[e]r & seriously p[ro]mised to be marryed unto her in a short time aft[e]r & this Dep[onen]t Furth[e]r also saith & remembreth that sometime aft[e]r ye death of his said wife the said Mr Rog[e]r Hill did Cause in this Dep[onen]ts p[re]sence, Comfort his said D[aughte]r (who was of yt time very sad & weeping for ye death of her Moth[e]r) in these words following: I praye thee to be Contented & not trouble thy selfe for a Husband (meaning himselfe) is nearer to ye yn. a Moth[e]r & added am not I a nearer freind to ye then a Moth[e]r Et al[ite]r non p[otes]t dep[oner]e ad &c.

Ad 6 Ar[ticu]l[u]m dep[oni]t et dic[i]t That he well Knows ye Contents of this Ar[tic]le to be very true but leaves the P[...] to oth[e]r witnesses, who may more p[ro]perly depose the same.

Ad 7 dep[oni]t Et dicit ut in Art[ic]lo predente

Ad 8 Ar[ticu]l[u]m dep[oni]t et dic[i]t simile./

Ad 9 Art[icu]l[u]m refert se ad p[re]deposita qua Credit

Lecta et repetit 15 die Feb[rua]rii 1671 Cora[m] Mr Will[ia]mo West Surro &c. Et postea Coram Mr. Richo Kent Surro. 17 [...] Mensis in p[re]sentia Mei

William Percevall

Willmi Prince Reg Dept

Deposition 8

Hill Cont Percivall

D[i]c[t]a et Depo[ositioni]s Test in d[i]c[t]a Ca[us]a sup[er] Alleg Ex p[ar]te P: dat. Seq[uitu]r vizt./

Will[ia]m[u]s Staples de Civit Nova Saru[m] in Comit Wilts Inhold[e]r Inhold[e]r ib[u]m natus ubi ubi vixit per Spatitiu[m] vita sua etatis 53. an ant de Circit[e]r pars litigant per Spatium 7 bene ann[um] bene novit, pers defendens in humoi Cau[s]a p[er] Spatium viginti annor. novit: Testis iurat. dep[oni]t ut Sequit[u]r.

Ad 1 Ar[ticu]l[u]m Ar[ticu]lum Alleg in humoi Ca[u]sa dat. et admiss Dep[oni]t et dicit. That one John Gilbert liveing in ye Fryery in ye City of New Sarum, being an old acquaintance & freind of this Dep[onen]t Came to him this Dep[onen]t about Octob[e]r last, Earnestly intreating him upon ye Score of old acquaintance & freindship that he would & for yt he was related to Mr. Percivall & his Daught[e]r the p[ar]tie def[endan]t in this Cause, that he would be a Meanes to make an End of ye difference b[e]t[wee]n Mr. Rog[e]r Hill & Mrs Anne Percivall, w[hi]ch this Dep[onen]t at Severall times positively refused to have any hand in it, but at length was p[re]vailed upo[n] through ye importunity of ye s[ai]d Gilbert to use his Endeavo[u]r ye s[ai]d Gilb[er]t (who hath also been Sworne a witnesse in this businesse) telling him that he was implyed herein by Mr. Hill, who ye p[ro]moto[r] in this Cause, & who he s[ai]d was willing to pay all ye Costs & Charges of ye Suite, & would also be willing to give Some gratuitie or Remembrance (as we should agree upon b[etwi]xt o[u]r Selves) to Mrs Anne Percivall ye p[ar]tie def[endan]t alwayes provided that she would signe him a release, hereupon this Dep[onen]t applyed himselfe, to ye s[ai]d p[ar]tie def[endan]t & her fath[e]r, who were very unwilling at 1st to admitt of any such treatie, but by ye perswasion of this dep[onen]t did yeild at length to have leave it wholly to this dep[onen]t to do as he should see cause, who upon a Meeting & Conference w[i]th ye s[ai]d Mr. Gilbert, it was Concluded on that ye s[ai]d Mr Hill should pay all ye Costs & Charges of ye suite, & yt a certaine gratuitie should be given to ye partie def[endan]t & then she should give a release to ye s[ai]d Mr. Hill, who fell out w[i]th ye s[ai]d Mr. Gilbert as he hath since tould this dep[onen]t because he had not first brought a release Signed by ye s[ai]d def[endan]t & for yt he demanded 20s. of him in Case he Could make a Composur of ye businesse. Et al[ite]r non

Ad 8 Ar[ticu]l[u]m non al[ite]r po[tes]t dep: qui p[re]dep[osi]t

Sup[er] reliquis ar[tic]lis humoi Alleg non Examinat[u]r Ex direccion p[ar]tis p[ro]ducentis

Lect et repetit Coram Mr Richo Kent Surro 19 die Feb[ruar]ii 1671 p[re]sente me Guilm[u]s Prince.

William Staples

Modernized Spelling Transcription

^23 Oct 1671^

Hill against Percivall in the specified case of matrimony.

Witness depositions on the part of Hill given, admitted and takes as follows viz:

Deposition 1

John Munday of the city of Salisbury in the county of Wiltshire, feltmaker, born in Orcheston St George in the same county but has lived in the above mentioned city for about 20 years. He has known the litigant parties for the space of seven years. Sworn deposition of the witness as follows:

To Article 1 of the libel given and admitted in this business, he deposes and says that since the decease of the plaintiff's wife about three years since or thereabouts, he knows not nor ever heard that the said plaintiff contracted matrimony with any person whatsoever. And that he is at this time free from any such contract so far as he knows or believes, except always what he knows he shall hereafter depose in and concerning the cause now depending between the plaintiff Roger Hill of the city of New Salisbury, cardmaker, and Anne Percivall of the said city, spinster, daughter of William Percivall of the same city, innholder.

To Article 2 he deposes and says that in the month of September in the year 1670 about a fortnight before Michaelmas, this deponent having business with one Thomas Barge a carrier commonly called the Yeovil Carrier, who makes his usual inn or stage at the Sign of the Greyhound in Salisbury aforesaid, which house then was and now is in the tenure or occupation of William Percivall of the same. And particularly for that this deponent was to receive monies from the said Thomas Barge was present [...]at and in the house of the said William Percivall. And also having like occasions for the receipt of other monies from the said Thomas Barge in the month of October following (but more certain time, he does not now remember) and near upon or about a fortnight after Michaelmas aforesaid, was then likewise present at and in the house of the said William Percivall, expecting the said carrier together, was one Richard Durnford of the aforesaid city, feltmaker. And in the company of Anne Percivall aforesaid (defendant) and a servant maid of the same house (whose name he knows not), the said Anne Percivall did then and there at one of the times aforesaid (and more certain time he this deponent now remembers not) in presence of the aforementioned persons spoke and declared words to this effect as follows: that Roger Hill, the plaintiff in this cause depending, was as much her husband as the said John Munday, this deponent, was husband to his wife, the solemnity of marriage only excepted. But whether she expressed the words (before God) in the said article mentioned he knows not. Nor does now remember. But whether the said words were maliciously spoken (as in the said article is expressed) he knows not. And otherwise to the same article as above he deposes he cannot depose.

To Article 3 he refers himself to the law.

To Article 4 he deposes and says that the said Anne Percivall [...] was, at the time of the delivery of the words before deposed, and now is living at the house of of [sic] her father, William Percivall within the city of New Salisbury aforesaid.

To 5 Article he deposes and says that Mr Hill and Mr Percivall are both good friends [...] rather [...] but wishes that either man take [...] And [...] as above he refers to what he has previously deposed and to the law and otherwise he knows nothing.

To Article 6 he deposes and says that what he has referred to in his deposition is true. And to the Law And knows [...]

John Munday

Read and repeated. Before the venerable vicar Mr Lewe, Chancellor of the Diocese 23rd day of the month of October 1671.

In the presence of Mr William Prince, Public Notary

Interrogatory on the part of and for Anne Percivall

John Munday of the city of New Salisbury in the county of Wiltshire before deposed. To the interrogatories given by the opposing party, he responds and says as follows:

To Interrogatory 1 [...] he has satisfied this in his depositions.

To Interrogatory 2 he responds no.

To Interrogatory 3 he responds and says that he favours neither party more than the other, but wishes victory for whoever has the right.

To Interrogarory 4 he responds that he favours neither party more than the other but wishes right may take place.

To Interrogatory 5 he responds and says that he is worth £40 each person paid.

To Interrogatories 6, 7 and 8 he responds no.

To Interrogatory 9 he responds that he has heard a report of the said Mr Hill's courting the said Mrs Percivall but how true he cannot say.

To 11 and 12 he responds and says that what he has already deposed is true. And otherwise he cannot respond.

Read and repeated as above.

John Munday

Deposition 2

Hill against Percivall in the case of matrimony.

Depositions

Patience Yates of Porton in the parish of Idmiston in the county of Wiltshire, widow, born in Wareham in the county of Wiltshire, but has lived in the said Porton for the space of 20 years. She knows the respective parties in this business as follows viz. she has known Mr Roger Hill for the space of half a year and more and Anne Percivall for the space of three years. Sworn deposition etc. of the witness as follows:

To Article 1 given and admitted in this business, she responds and says that she knows nor ever heard that the said Mr Hill was ever contracted to anyone, more than what she heard the defendant Mrs Anne Percivall say, which hereafter she shall depose.

To Article 2 etc. she responds and says that before sometime a little before Valentine's day last in the year 1670 and (more certain time she remembers not), this deponent happening to be in the shop of Mrs Morgan, hosier, situated in Minster Street in the city of New Salisbury, there came into the said shop Mrs Anne Percivall upon pretence of buying some small commodities, and took occasion to tell Mrs Morgan (then in the shop) that her daughter (meaning Mrs Cragge) should have a care how she proceeded with Mr Hill for he had promised her marriage diverse times and was her husband, as much as any man was any woman’s, marriage only excepted. And that afterwards, Mrs Cragge invited the said Mrs Percivall to go into the house, which she did, but what discourse after happened she knows not. And otherwise she cannot depose.

To 3 etc. she responds and says that she refers herself to the law. And otherwise etc.

To 4 etc. she responds yes.

To 5 etc. she responds and says that she refers herself to what she has already deposed and the law. And otherise she knows nothing.

To Article 6 she responds and says that in general and particular, as she has already deposed, she believes it is true etc. And otherwise she knows nothing.

Read and repeated. Before the Councellor 23rd Oct. 1671. In the presence of me, William Prince.

Patience Yates ^her mark^

23 Oct 1671

Interrogatory of Patience Yates etc.

To 1 she has satisfied this in her deposition.

To Interrogatory 2 in this business etc. she responds and says no.

To 3 etc. she responds that she favours neither party but wishes right may take place.

To 4 etc. she responds and says that she gives her testimony freely in this cause without any hope of reward and that she has not been promised or received anything.

To Interrogatory 5 etc. she responds that she is a poor widow and worth nothing save what she gets by her labour.

To 6 she responds no.

To 7 she responds no.

To Interrogatory 8 she responds no.

To Interrogatory 9 she knows nothing but what she heard from Mrs Percivall, and therefore refers herself to her depositions.

Similar response to Interrogatory 10.

Similar responses to Interrogatories 11 and 12.

Read etc. as above.

Patience Yate ^her mark^

Deposition 3

Hill against Percivall in the case of matrimony.

Depositions etc.

Maria Morgan of the city of New Salisbury in the county of Wiltshire, widow, where she was born and has lived for her whole life. And has known the litigant parties for the space of about five years. Sworn deposition etc. of the witness as follows:

To Article 1 given and admitted in this business, she deposes and says that she knows not, nor ever heard that the plaintiff was any way concerned in contract with any person, saving what she shall hereafter depose concerning the parties in this cause.

To 2 she deposes and says that about the latter end of January or the beginning of February last past in the year 1670 (and more certain time she now remembers not) Mrs Anne Percivall, the defendant, came to the shop of this deponent in Salisbury pretending to buy some small commodities, but as this deponent verily believes to prevent a marriage between Mr Hill and this deponent's daughter. For being in this deponent's shop as aforesaid, she took occasion to tell this deponent that she would advise her daughter Mrs Cragge, widow, (for whom she supposed Mr Hill to have some kindness) that she should have a care how she proceeded in the way of marriage with him, for that the said Mr Hill was her husband as much as any man could be any woman's, marriage only excepted. And that Mr Hill knew well enough and the said Widow Cragge coming into the shop in the meantime desired the said Mrs Percivall out of civility and to avoid clamour to walk into the next room, and Mrs Percivall did go with the said Mrs Morgan and Mrs Cragge into the kitchen of the said house, where Mrs Percivall repeated the same words above written, which she had uttered in the shop. Whereupon Mrs Morgan, this deponent and Mrs Cragge (1st advising the said Mrs Percivall to consider what she did, for if what she spoke were not true she might do Mr Hill a great deal of wrong) told the said Mrs Percivall if what she did report were true they were only fit the one for the other and for none else, and this deponent and Mrs Cragge did faithfully promise the [...] said Mrs Percivall that there should be no further treaty between them concerning marriage till Mr Hill had cleared himself of what was thus reported by her, and this deponent and the said Widow Cragge (knowing that the said Mr Hill was to come to the house in half an hour or thereabouts) were urgent with Mrs Percivall to stay till he came but, or they would presently stay send for him and would do their utmost endeavor to make peace between them. But they could by no means persuade her to stay, and afterwards when Mr Hill came in, this deponent and Mrs Cragge acquainted him of what had passed from Mrs Percivall's own mouth concerning him; whereupon he protested as in the presence of God that he never made her the least promise concerning marriage between him and her, neither did he ever conclude anything with her friends or herself concerning the same.

To Article 3 she refers herself to the law.

To Article 4 she deposes yes.

To Article 5 she refers herself to what she has already deposed and the law.

To Article 6 that generally and particularly, she believes it to be true.

Read and repeated before the venerable Edw Lowe Chancellor on 23 of the month of October 1671.

Mary Morgan

Interrogatories

To 1 she has satisfied this in her deposition.

To Interrogatory 2 she responds no.

To Interrogatory 3 she responds etc. that she favours neither party above other but wishes that right may take place.

To Interrogatory 4 she responds and says that she gives her testimony freely and only for justice sake without any reward in present or to come.

To 5 [...] she responds and says that she is worth £100 every one paid.

To Interrogatories 6 and 7 she responds and says no.

To Interrogatory 8 she responds similarly.

To Interrogatory 9 she responds and says that she has heard a flying report of it but how true she knows not.

To Interrogatory 10 she has heard Mr Hill say the contrary as in her depositions to which she refers herself.

To Interrogatories 11 and 12 she refers to what she has already deposed and otherwise cannot respond.

Read and repeated as above.

Mary Morgan

Deposition 4

Hill against Percivall

Witness depositions on the part of Percivall given etc. and taken as follows viz:

Thomasine Hutchins of the city of New Salisbury in the county of Wiltshire, spinster, where she has lived for her whole life. And she has known the litigant parties in this business for the same time. Sworn deposition etc. of the witness as follows:

To Articles 1 and 2 in the allegations in this cause she deposes and says that about three years ago this deponent believes that the parties concerned in this cause were both free from all manner of matrimonial contract with any persons whatsoever. And that about so long since it was that Mr Hill began to express an affection for Mrs Anne Percivall, the party defendant in this cause, and that he was a diligent and earnest suitor to her for the space of one whole year and more, insomuch this deponent believes he scarcely missed one day in courting of her by all that time except he was forth of town, or otherwise hindered by sickness. And so continued his courtship in like manner till after the death of old Mrs Percivall, mother to the said Anne, which was about two years since, but that a little before her death, this deponent having heard some reports in the town that Mr Hill should speak slightingly of the said Mrs Anne Percivall, did acquaint her old Mrs therewith (this deponent being then servant to her) who beset Mr Hill therewith at his next coming to her daughter, inquiring of him what he intended by such dealings with her daughter (for they were then looked upon as man and wife, the solemnity of marriage only excepted) which Mr Hill was much troubled at and seemed in a great rage, and would then have sent for the parties who had raised such report. But the said Mrs Percivall gave credit to Mr Hill, who protested how much he loved Mrs Anne Percivall and that the reports were false and that he utterly disowned them, asking this deponent's said Mrs what she took him to be and that he hoped she should not believe him so very a villain, but that he would make good his promises or words to that effect. And that he would prove them all liars very shortly and that he would never marry any other woman living but her daughter, Mrs Anne Percivall. And otherwise she knows nothing.

To Article 2 of the allegation she deposes and says that there was and is a public fame and notorious fame of all the contents of this article which she does believe as she has good reason for the same, that it is true in part thereof. But cannot particularly depose as to the portion otherwise than upon report and heresay. And otherwise she knows nothing other than what she has deposed etc.

To Article 3 she deposes and says that Mr Hill did treat with her Master and Mrs about the marriage of their daughter, he having obtained her consent long before y that there was a commmon speech in the house and elsewhere that all was concluded and that they were speedily to be married. And that old Mrs Percivall before her death bought her daughter Percivall things and gave her a bed which she had newly made up and finished on purpose for her wedding and this deponent verily believes that the Mr Hill darest would not have fallen off from if Old Mrs Percivall had lived, and that they would speedily have been married. And that Mr Hill never fell off till he heard old Mr Percivall was going to marry again, and particularly when the report was hot that he was to marry with Mrs Smedmore of this city. And otherwise she cannot depose.

To Article 4 she deposes that this deponent happened to bring the letter from the post in which was contained the news of old Mrs Percivall's death at London at such time as Mr Hill, the plaintiff, was then present with Mrs Anne Percivall, who opened the leter who opened the letter [sic] which was directed to her uncle. And therein was contained the death of her mother which caused a very great passion in Mrs Anne Percivall that she could not read any further, but Mr Hill took the letter and read it out over and seemed much troubled. And comforted Mrs Anne Percivall, who calling upon her mother, Mr Hill bade her not to trouble herself saying: 'do you think I will not be better than a mother to you?' And otherwise she says nothing to the article.

To Articles 5 6 7 8 and 9 she cannot depose etc.

Read and repeated before Mr Richard Kent 20 day of the month of January 1671.

The mark of Thomasin Hutchyn

Deposition 5

Hill against Percivall

Depositions of witnesses in this case on the part of Percivall given as follows [...] viz:

John Gilbert of the City of New Salisbury in the county of Wiltshire, cloth worker, where he has lived for the space of around 60 years, age 64. He has known the litigant parties for the space of five years. Sworn witness who deposes as follows:

To Article 1 of the allegation given and admitted in this cause he deposes and says no.

To Articles 2, 3, 4, 5 and 6 he says that he cannot otherwise depose then upon hearsay and report.

To Article 7 of this allegation he deposes and says that about Midsummer last Mr Roger Hill, the plaintiff in this suit, by the recommendations of some applied neighbours, applied himself to this deponent, desiring and entreating him to mak be a means of making peace between him the said Hill and Mr William Percivall and his daughter of this de city. And that if he would undertake or endeavour the same and procure peace between them so that this suit and all other controversies might cease and could obtain an acquittance or clear discharge from the said Anne Percivall, he the said Roger Hill did promise and engage to gratify him very well for his pains and would be willing to pay all of the costs and charges of the suit depending. Whereupon this deponent acquainted Mr Hill that he had some interest in Mr Percivall etc. and would use his endeavour to make peace between them according to his desire. And accordingly did make several journeys to Mr Percivall's house at least six or seven times before he could work anything upon the said Mr Percivall or his daughter. At last, this deponent prevailed with Mr Percivall, so far that he was willing to refer the whole matter in difference between him, his daughter and the said Mr Hill to this deponent and his brother-in-law, Mr William Staples of this city, who accordingly did confer and conclude the matter and made an absolute end of it (as they believed). And did award that Mr Hill should pay all manner of charges expended in the suit, to which Mr Percivall and his daughter were consenting. And immediately this deponent acquainted Mr Hill therewith, who often before had followed him very close to make an end of it, and came very often to him to know what success he had, and expressed a great deal of satisfaction at the conclusion and determination which he had now made. And asked this deponent whether he got a discharge from Mr Percivall. He told [him] he must first pay the costs of suit and he then or undertake procure a bill of them from the court and engage to pay them and then he should have a discharge, but m whereof Mr Hill was very well contented, and desired this deponent to procure him a bill of the costs and charges accordingly. But this deponent told him that that was his own business and not his, saying he had done his part and expected his reward. Whereupon Mr Hill told him he would part with no money till he had an acquittance from Mr [and] Mrs Percivall's hand, and was something uncivil in words to this deponent who flung away from him in some anger and has never spoke to him since, although he was some money out of purse in going about this business. And otherwise he cannot depose.

To Article 8 he cannot depose other than what he has already deposed.

To Article 9 he refers himself to what he has already deposed and believes it is true.

Read and acknowledged before Mr William West, surrogate on 20 January 1671 present me William Prince, not.

John Gilbert

Deposition 6

Hill against Percivall

Depositions of witnesses in this case given and taken as follows viz:

Martha Langley of the city of New Salisbury in the county of Wiltshire, widow, where she was born and has lived ever since. [...] She has know the plaintiff in this case [...] around three years and the defendant in this case for the space of around 20 years. Witness deposition as follows:

To Article 1 of the allegations in this case given and admitted she deposes and says that in some or one of the years [specified in the article] the litigant parties were free from all matrimonial contracts either to other and as also to any other person or persons whatsoever as this deponent verily believes. And further says and deposes that about three years ago or more (as this deponent now remembers) the said Roger Hill did address himself to, and frequent the company of the said Anne Percivall in the way of marriage. And for that end, they did frequently meet almost every day once for the space of one whole year and a half at least at this deponent's house, she being a near neighbour to the said Pericvall. And this deponent did esteem them to be man and wife by all the time they met, there otherwise this deponent should not have sent so often to Mrs Percivall to have met the said Mr Hill at her house. And otherwise she cannot depose.

To Article 5: this deponent says that she cannot particularly depose to the this article because she was not present at the conference or treaty or treaty mentioned in the between Mr Hill Percivall and Mr Hill. But she was then in the house at Mr Percivall's and but what discourse they had she did [...] inquire of Mr Hill at that time, but Mr Percivall told her that they were fully agreed. Which this deponent took for granted and that the Mr Hill and Mrs Anne Percivall were up and down at her house fo as before for at least a quarter of a year. [...] the said Mrs Anne Percivall were to be married and the said Mr Hill still answered as soon as he could get into that it was her fault, meaning Mrs Anne Percivall for she would not be married till he had gotten a bigger house. And this deponent says that in Mrs Percivall's lifetime, she inquired of Mr Hill if all was agreed upon concerning his marriage with Mrs Anne Percivall and the portion he was to have with her. And Mr. Hill answered yes it was and that he supposed this deponent was not ignorant of it, and that she knew well enough what it was for that it was in every one's mouth: for several persons he had met with could tell him what he was to have, and particularly one Mr Durnford, whom Mr Mathews had told of it upon the way from London. Whereupon this deponent protested that she did not know what it was, and then Mr Hill said that if this deponent would say nothing of it, he would tell her what it was for he was ashamed to mention it was so small. And this deponent promised him she would not if he desired it, whereupon he told this deponent he was to have £50 with her and this deponent asked him presently if he had accepted of it, and he told her 'I have accepted of it, the more fool I' and from that time more especially, she esteemed them to be man and wife and so did the whole neighbourhood round about, the solemnity of marriage only excepted. And otherwise she cannot depose to this article.

To Article 6 this deponent says that Mrs Keinton, sister of the said Mrs Anne Percivall, did inform long time inform this deponent that Mr Roger Hill did express himself to her as is contained and mentioned in in this article. And otherwise she cannot answer other than what she has already deposed and refers herself to what she has already deposed and believes to be true.

She is not examined on the rest of the articles in this allegation, by the agreement of the party producent.

Read and repeated before Mr William West, surrogate 1st April 1672 in the presence of me Williamo Prince Not. Publio Rego Depo.

Martha Langly

Deposition 7

Hill against Percivall

Depositions of witnesses in this case on the part of Percivall given as follows:

William Percivall of the city of New Salisbury in the county of Wiltshire, innholder, where he has lived for his whole life, around 50 years old. He has known the plaintiff for the space of ten years and the defendant is his natual daughter. Sworn witness, who deposes as follows:

To Article 1 of the allegations given and admitted in this case, he deposes and says that about three years ago (and more certain time this deponent cannot well remember) the litigant parties being free from all former matrimonial contracts as this deponent verily believes, the party litigant (Mr Roger Hill) did often frequent the house of this deponent upon the score of affection which he then violently professed to have for this deponent's daughter, Mrs Anne Percivall, the party defendant in this cause. And did present his passion he so professed to have for her with such earnestness and importunity that this deponent is very confident the said Mr Hill did scarcely intermit one day for two years together (unless a journey or sickness prevented him) that he did not attend and address himself to his said daughter, either at the house of this deponent or occasionally at some other neighbouring house. And otherwise he cannot say more to the contents of this article.

To Article 2 he deposes and says that he very knows the contents of this article to be true in every part and particular thereof (unless that he was not present himself in Mr Hill's house (though his wife was and diverse others)) when the said Mr Hill did promote marriage to the said Mrs Anne Percivall, which was about Christmas 1670, at such time as the said Mr Hill had made an invitation to the said Mrs Anne Percivall and to this deponent and his wife and diverse other friends then present (except [those] before excepted). And the said Mr Hill did then at that time earnestly press this deponent's wife that he might marry her daughter (for that all things were concluded between themselves long before) before she the mother should take her journey to London, which was to be speedily after Twelfth Market (so called in Salisbury) was over. But this deponent's wife (who long before at the instance of the said Mr Hill had given her consent to the marrying together), persuaded him for several reasons that he would stay till she should return from London. And also this deponent's daughter did at that time tell the said Mr Hill that she was desirous not to marry till he had removed into a bigger house, which Mr Hill intended to have done into a house belonging to this deponent and had done to and if the tenant could have been prevailed with to have gone forth. And therefore Mr Hill took another house of his own accord because the defendant was very desirous not to marry till he had first removed into a bigger house, which he did accordingly. And as to what is before set down to have been spoken by Mr Hill at his house as aforesaid, this deponent protests was delivered to him by his wife at her coming home to his house after her entertainment at Mr Hill's as aforesaid and was also seconded by his said daughter and will be deposed by diverse other witnesses when need shall require. And otherwise he cannot depose.

To Article 3 he deposes and says that before his wife happened to go to London, the said Mr Hill came to this deponent and humbly craved his consent to marry his daughter, the defendant in cause, which this deponent told Mr Hill he gave him. And without being put upon it, or without being asked any question to the purpose by Mr Hill, this deponent told m him that as to any treaty of a portion, he would not have any thing hand in it, but did refer him to his wife, and told him that whatever his wife should promise him he would make it good to him. And Mr Hill answered and said he desired no better nor no more of him and did presently after apply himself to this deponent's wife who made a conclusion with him, which was that he should have the portion in money, and £10 in goods with her said daughte. Whereof she afterwards acquainted this deponent, who was consenting thereunto, and the said Mr Hill did presently acquaint the said Mrs Anne Percivall that all things were now fully agreed and concluded on between her father and mother and himself and that now there wanted only that solemnization of their nuptials. Which words were spoken a little before this deponent's wife went for London, as she this deponent's wife and his said daughter did then declare to this deponent, whose wife happened to take her journey for London as aforesaid on or near the 25th day of January 1670. And died there the 14th of February following, before which time she had bought several things to a considerable value in order only to her daughter's wedding at her return and with full purpose to bestow them upon her said daughter. And otherwise he cannot depose to this article.

To Article 4 he deposes and says that after the death of this deponent's wife, mother of the said Anne Percivall, the defendant, which which happened near or upon Shrove Tuesday 1670, the said Mr Roger Hill applied himself again to this deponent, craving his consent in the 2nd place and telling him that (in the presence of his daughter, the defendant) that his wife had given her free consent in her lifetime to their marriage and that upon treaty with her (according to this deponent's order) she had concluded with him that he should have £60 in money and £10 in household goods, besides which she, of her motherly love, should give more to her said daughter and thereof supposed his wife had given him an account before her goeing to London as aforesaid. All which this deponent did then acknowledge, and replied and said unto the said Roger Hill 'God bless you and my daughter together. I will make good to you the portion which my late wife promised you and will make it somewhat better besides what I may do hereafter for her', which portion and promise the said William Percivall (this deponent) the said Roger Hill kindly embraced and gave him thanks and then concluded with him this deponent who asked of him if he were satisfied according to his desire. And he answered that he was fully satisfied and that his daughter and he were man and wife before God and as they had been long before and that there was nothing wanting but the solemnity of their marriage, which that should not now be long before. And otherwise he cannot depose to the contents of this article.

To Article 5 he deposes and says that at the last time of [...] his conference with the said Mr Roger Hill about this matter as it is specified and set forth in the next present article, he desired the said Mr Roger Hill to let him know what he would or could offer his said daughter to live on, in or for her livelihood after him, in case he should die before her. And he replied and answered that he had some land at or about Frome in Somersetshire which he held by copyhold, and that he would renew his copy and put her life therein very shortly. But that he could not do it at present for that there was some contest in law between Sir James Thine and another gentleman about the manor land wherein the said land lay, or words to this effect. And did then also affirm the former contract, agreement and promise of marriage between himself and this deponent's daughter and seriously promised to be married unto her in a short time after. And this deponent further also says and remembers that sometime after the death of his said wife, the said Mr Roger Hill did cause in this deponent's presence, comfort his said daughter (who was of that time very sad and weeping for the death of her mother) in these words following: 'I pray thee to be contented and not trouble thyself, for a husband (meaning himself) is nearer to thee than a mother' and added 'am not I a nearer friend to thee than a mother?' And otherwise he cannot depose.

To Article 6 he deposes and says that he well knows the contents of this article to be very true but leaves the P[...] to other witnesses, who may more properly depose the same.

To 7 he deposes and says as to the previous article.

To Article 8 he gives a similar response.

To Article 9 he refers himself to what he has already deposed and believes.

Read and repeated on 15 February 1671 before Mr William West, surrogate etc. and later before Mr Richard Kent, surrogate. on 17 [...] of the month in his presence.

William Percevall

William Prince, Reg Dept

Deposition 8

Hill against Percivall

Depositions of witness in this case on the part of P given as follows viz:

Williamus Staples of the city of New Salisbury in the county of Wiltshire, innholder innholder, were he was born and has lived for his whole life, around 53 years old. He has known the plaintiff for the space of seven bene years and the defendant in this case for the space of 20 years. This witness is sworn and deposes as follows:

To Article 1 Article of the allegations given and admitted he deposes and says that one John Gilbert living in the Friary in the City of New Salisbury, being an old acquaintance and friend of this deponent, came to him this deponent about October last, earnestly intreating him upon the score of old acquaintance and friendship that he would (and for that he was related to Mr Percivall and his daughter (the party defendant in this cause)), that he would be a means to make an end of the difference between Mr Roger Hill and Mrs Anne Percivall, which this deponent at several times positively refused to have any hand in it. But at length, was prevailed upon through the importunity of the said Gilbert to use his endeavour, the said Gilbert (who has also been sworn a witness in this business) telling him that he was employed herein by Mr Hill, who (the promoter in this cause). And who he said was willing to pay all the costs and charges of the suit, and would also be willing to give some gratuity or remembrance (as we should agree upon between ourselves) to Mrs Anne Percivall, the party defendant, always provided that she would sign him a release. Hereupon this deponent applied himself to the said party defendant and her father, who were very unwilling at 1st to admit of any such treaty, but by the persuasion of this deponent did yield at length to have leave it wholly to this deponent to do as he should see cause, who upon a meeting and conference with the said Mr Gilbert, it was concluded on that the said Mr Hill should pay all the costs and charges of the suit, and that a certain gratuity should be given to the party defendant. And then she should give a release to the said Mr Hill, who fell out with the said Mr Gilbert, as he has since told this deponent, because he had not first brought a release signed by the said defendant and for that he demanded 20s of him in case he could make a composure of the business. And otherwise he cannot depose.

To Article 8 he cannot depose more than he has already deposed.

He is not examined on the rest of the articles in this allegation, by the agreement of the party producent.

Read and repeated before Mr Richard Kent, surrogate on 19 February 1671 in the presence of me, William Prince.

William Staples

Technicalities of the Court

This is a dispute between private parties, known in the church courts as an instance suit.

Technicalities of the Court

Male depositions: occupational or social status descriptors (e.g. baker, joiner, yeoman) were typically recorded in the brief biographical statement at the beginning of the deposition.

Technicalities of the Court

Female depositions: marital status descriptors (e.g. singlewoman, widow, wife) were typically recorded in the brief biographical statement at the beginning of the deposition.

Interpretation

Unmarried women were often recorded as 'the daughter of' their father to indicate dependency.

Interpretation

In describing when a particular event had taken place, witnesses often reported the time in relation to the liturgical calendar (e.g.referring to church seasons and feast days).

Technicalities of the Court

Occupational or social status descriptors (e.g. baker, joiner, yeoman) were typically recorded for men.

Interpretation

This was a regular meeting point for Thomas Barge, carrier and others wishing to do business with him.

Interpretation

William Percivall leases the inn.

Interpretation

Evidence of men’s work: this could be commerce (buying and selling) or evidence of lending.

Technicalities of the Court

Witnesses were asked to sign their depositions: signatures range from full names to simply initials or marks (sometimes images linked with trades).

Technicalities of the Court

Statement of worth: in interrogatory questioning, witnesses were often asked to state how much they (or another witness) were worth (all debts paid). The question was designed to discredit witnesses based on their economic value. Reputation and credibility was linked to economic wealth; those of higher social status and wealth were presumed to be more trustworthy. Some described their worth as a cash value, some in terms of the goods they owned and others talked about their worth in much broader terms (e.g. 'not much worth').

Gloss

Use of the word 'Mrs' does not denote a married woman but a woman of social standing. This usage persisted until at least 1800. See A. Erickson, 'Mistresses and Marriage: or, a Short History of the Mrs', History Workshop Journal, 78, 2014, 39-57.

Interpretation

Evidence of plausible women’s work: commerce (buying and selling).

Technicalities of the Court

Marital status descriptors (e.g. singlewoman, widow, wife) were typically recorded for women.

Technicalities of the Court

When witnesses were produced, their expenses were often paid by the producing party or sometimes by the court itself. This interrogatory questioning was designed to establish whether a witness had been bribed to give evidence.

Technicalities of the Court

Individuals could only betroth themselves to one another if they were free from other contracts. A contract of matrimony was not a wedding, but an official vow or promise.

Interpretation

Evidence of courtship.

Gloss

Mrs here means ‘mistress’, indicating that Thomasine was in service.

Technicalities of the Court

Betrothals did not have to be solemnized by a marriage ceremony immediately and couples could be taken as man and wife before this official ceremony. This only changed with the 1753 Marriage Act.

Gloss

A portion was the property given to a woman upon her marriage (usually by her parents).

Interpretation

Beds were commonly given to daughters as wedding gifts.

Interpretation

Evidence of Anne Percivall’s literacy.

Gloss

Alehouses, inns and taverns were known by the 'Sign of', referring to the signs that were hung outside.

Technicalities of the Court

Until the Gregorian Calendar was adopted in 1752, the English New Year began on 25th March. According to our modern dating system, this deposition was actually taken in 1672

Gloss

A cardmaker is maker of instruments for combing wool. Occupational or social status descriptors (e.g. baker, joiner, yeoman) were typically recorded for men.

Technicalities of the Court

Occupational or social status descriptors (e.g. baker, joiner, yeoman) were typically recorded for men.

Gloss

A carrier was employed for the transportation of items or goods. Occupational or social status descriptors (e.g. baker, joiner, yeoman) were typically recorded for men.

Gloss

N.P. stands for 'Notarius Publicus' or public notary.

Gloss

A hosier is a retailer of small items such as stockings and gloves. Occupational or social status descriptors (e.g. baker, joiner, yeoman) were typically recorded for men.

Gloss

's' used after a number refers to shillings (e.g. 20 shillings).