[From Choice Presentments ]

Jurby Presentments 1637

Note: Ann and Edward of Andreas had 2 children; Ann also has an earlier child with Thomas Kelly of Jurby before her divorce from William.

Note divorce a mensa et thoro, from bed and board (table & hearth) is strictly a legal separation of the parties rather than a dissolution of the marriage - usual grounds for the separation included adultery, cruelty and heresy, and it meant that any offspring were not rendered illegitimate; however here the law appears to have been strangely interpreted that William Gawn is free to remarry (the marriage being declared a nullity) whereas Ann is punished by being unable to marry.

Archdeacon Wills 1637 divorce between Ann Kelly and William Gawen: [right side is too dark to read in film copy] Ffebruarie the 12th 1637: Accordinge to my Reverende Lo: Bishops pleasure and direccon given me I have asked o-- the parish church -- ---------- in hearinge of the wholl congregation whether --------- woman or she that was to be divorce c----- ------- contrarie that Ann Kellie & Willm Gaven might hot -------- ---ly reason of her offences m--- performing the -------- heire was -e-theme man or woman nor yet sh------ Kellie spake one word, And to signifie this to be ------- ye ----- subscribed my name the day & yeare above written.
Witness my name
John Clerke.

------- Ordinaire
Yt hath been likewise puslished ------ was come & dwelt that upon lawfull cause ------- the ordinarie & parish offices, the said Willm Gawen & Ann Kelly in favuor to be devorced in open Court upon the Munday followinge 22th of febreaire, therfore if any man or woman who ------ a--- just cause to the contrarie, to appeare the said ---- be---- the ordinarie & officers to make it known ------ ------- ------- 1637.

[Upside down on this page is a very light and crossed out note that contains Sr Wm Cosnahan's name and Thomas Quayle's name.]

Jurbey: A Decree of Divorce betwixt Wm Gawen & Ann Kellie: Whereas Ann Kellie of ye parish of Jurby wyfe of Wm Gawen beeinge convented before us the Ordinarie, Sr Nicholas Tompson & Sr Hugh Cannell officialls att Bps. Court ye xith of Jan: 1637 and there & then accused & charged by her husband Wm Gawen of ye haynous sin of adulterie wth Edw: Lawson of KK Andres by whom shee had two bastard children, & wth Tho: Kellie of Jurby parish by whom shee had one bastard child; wch charge & accusation made by ye said Wm Gawen touchinge his wyfe her adulteries is sufficently proved & confessed in ye face of ye Court by ye said Ann Kellie. And forasmuch as proclamation was made in form of Law, in ye parish church of Ballaugh where ye said Wm Gawen was borne & lived, & in ye parish church of KK Patrick of Jurbye where ye said Ann Kellie was borne married & now dweling: forasmuch (wee say) yt proclamation was made in ye said churches touchinge our intentions & reall purposes to divorce ye said parties & to denounce a nullitio of theire marriage for ye cause of adulterie accordinge to ye law of God & ye practice of all Christian churches; And not wthstandinge no manner of person or persons as yet appears to alledge anie just cause or causes w----[in fold] wee may not proceede to denounce ye se-te---[in fold] of divorce or nullitio of marriage betwixt ye said parties. Therefore in Dei nomine [God's name] wee decree, sentence, & pronounce a nullitio upon ye marriage betwixt ye said Wm Gawen & Ann Kellie to all true intents & purposes of seperation, a thoro mensa et vinclo, whereby there are not to be accounpted or reputed as man & wyfe for ever hereafter. Nevertheles wee leave ye said Wm Gawen beeinge ye inocente partie at libertie to marrie in Domino in ye Lord when & where he pleaseth; But for Ann Kellie the delinquent partie wee do by vertue hereof inhibite her accordinge to ye tenet of ye Church for marryinge hereafter wth anie manner of person or persons duringe ye naturall lyfe of ye said Wm Gawen her late husband. Dated ye fifteenth day of ffeb: 1637.
Ri: Sodor & Man
Nicho: Thompson
Hugh Cannell
[The above is also written in Latin on 3 pages; together with the above English translation.]