CONS.CP.1850/4
Click for help
Reference:CONS.CP.1850/4
Repository:Borthwick Institute GB 193


Court:Consistory
Case:Matrimonial (restitution of conjugal rights)
Details:43 Pieces; Has deposition; Has libel; Has sentence
Outcome:Sent on Appeal
Date: 1850 — 1857


People & Places
Click for help
Participant:John   Jepson Rowley [Jepson Rowley;  Jephson Rowley]
Alternate name:John Jepson   Rowley [Rowley]
Alternate name:John Jephson   Rowley [Rowley]
Alternate name:John   Jeppeson [Jepson;  Jephson]
Role:appellant
Details:male; Gentleman
Employment:Farmer; formerly employed as a Maltster.
Location:Ault Hucknall (Derbyshire)
Place(s):Rowthorne (Rowthorne) : undefined
Notes:This is an unusual case in that whilst the plaintiff, John Jepson Rowley, sued for restitution of conjugal rights, the defendant, Mary Anne Jepson Rowley, countered with a plea to be separated from her husband by reason of cruelty. The court upheld the defendant's plea and separated the parties, but this was appealed against by the plaintiff. The plaintiff seems to have been born 'John Jepson' (otherwise Jephson), and added Rowley to his name after his marriage to his wife Mary Anne, nee Rowley. It is unclear whether thereafter his surname was 'Jepson Rowley' or whether he used Jepson as a middle name - all combinations have therefore been entered as variants.



Participant:Mary Anne   Jepson Rowley [Jepson Rowley;  Jephson Rowley]
Alternate name:Mary Anne   Rowley [Rowley]
Alternate name:Mary Anne Jepson   Rowley [Rowley]
Alternate name:Mary Anne Jephson   Rowley [Rowley]
Role:appellate
Details:female; Wife of John Jepson Rowley; a widow before her marriage to John Jepson.
Location:Ault Hucknall (Derbyshire)
Place(s):Rowthorne (Rowthorne) : undefined
Sheffield (YorkshireWestRiding)
Sheffield (Sheffield) : ecclesiastical parish
Notes:A widow before her marriage to John Jepson, when she was Mary Ann Rowley. Her husband John Jepson (otherwise Jephson) added Rowley to his name after his marriage. It is unclear whether thereafter their surname was 'Jepson Rowley' or whether they used Jepson as a middle name - all combinations have therefore been entered as variants.



Participant:William   Hudson [Hudson]
Role:prosecution proctor
Details:male
Employment:Notary Public
Location:York (York) : city



Participant:George   Lawton [Lawton]
Role:defence proctor
Details:male; The Elder
Employment:Notary Public
Location:York (York) : city



Participant:Charles   Binne [Binns]
Role:witness
Details:male; 36
Employment:Manager of the Claycross Works
Location:North Wingfield (Derbyshire)
Place(s):Clay Cross (Claycross) : undefined



Participant:William   Hudson [Hudson]
Role:witness
Details:male; 53
Employment:Proctor
Location:York (York) : city
Notes:Almost certainly the same William Hudson who acted as the plaintiff's proctor, but the documents do not make this clear.



Participant:Sarah   Woodhead [Woodhead]
Role:witness
Details:female; 58; Widow
Employment:Hotel Keeper
Location:Sheffield (YorkshireWestRiding)
Place(s):The King's Head Hotel (The King's Head Hotel) : undefined



Participant:Jonathan   Shillito [Shillito]
Role:witness
Details:male; 32
Employment:Farm Servant; Formerly Head Farm Servant to the plaintiff
Location:Dronfield (Derbyshire)
Place(s):Bowshaw (Bowshaw) : undefined
Ault Hucknall (Derbyshire)
Rowthorne (Rowthorne) : undefined



Participant:Wilson   Overend [Overend]
Role:witness
Details:male; 45; Fellow of the Royal College of Surgeons
Employment:Surgeon
Location:Sheffield (YorkshireWestRiding)
Place(s):Sheffield (Sheffield) : undefined



Participant:Elizabeth   Shillito [Shillito]
Alternate name:Elizabeth   Fisher [Fisher]
Role:witness
Details:female; 35; Wife of Jonathan Shillito, Farm Servant.
Employment:Formerly servant to the plaintiff and defendant
Location:Dronfield (Derbyshire)
Place(s):Bowshaw (Bowshaw) : undefined
Ault Hucknall (Derbyshire)
Rowthorne (Rowthorne) : undefined
Sheffield (YorkshireWestRiding)
The Mount (The Mount) : undefined



Participant:George   Thompson [Thompson]
Role:witness
Details:male; 29
Employment:Messenger to the Post Officer
Location:Chesterfield (Derbyshire)
Place(s):Chesterfield (Chesterfield) : ecclesiastical parish



Participant:Elizabeth   Slater [Slater]
Role:witness
Details:female; 17; Spinster
Employment:Formerly servant to the plaintiff
Location:Alfreton (Derbyshire)
Place(s):Pye Bridge (Pye Bridge) : undefined
Ault Hucknall (Derbyshire)
Rowthorne (Rowthorne) : undefined



Participant:Bridget   Maley [Maley]
Role:witness
Details:female; 27; Wife of Thomas Maley, Labourer
Location:Chesterfield (Derbyshire)
Place(s):Chesterfield (Chesterfield) : undefined
Ault Hucknall (Derbyshire)
Rowthorne (Rowthorne) : undefined
Former residence



Participant:Henry   Brailsford [Brailsford]
Role:witness
Details:male; 22
Employment:Farm Servant
Location:Ault Hucknall (Derbyshire)
Place(s):Aut Hucknall (Ault Hucknall) : ecclesiastical parish
Rowthorne (Rowthorne) : undefined
Former residence
Notes:Formerly farm servant to the plaintiff



Participant:Fanny   Frost [Frost]
Role:witness
Details:female; 17; Spinster
Employment:Servant
Location:Ault Hucknall (Derbyshire)
Place(s):Rowthorne (Rowthorne) : undefined



Participant:Richard   Cooper [Cooper]
Role:witness
Details:male; 16
Employment:Farm Servant
Location:Mansfield (Nottinghamshire)
Place(s):Pleasley Hill (Pleasley) : undefined
Ault Hucknall (Derbyshire)
Rowthorne (Rowthorne) : undefined
Former residence



Participant:John   Nussey [Nussey]
Role:witness
Details:male; 58
Employment:Surgeon and Apothecary
Location:Middlesex

Place(s): Cleveland Row (Cleveland Row) : undefined
Described as in 'St James'



Participant:Felix   Slade [Slade]
Role:defence proctor
Details:male
Employment:Notary Public



Participant:Edward Weyman   Wadeson [Wadeson]
Role:defence proctor
Details:male
Employment:Notary Public



Participant:Robert Edward   Crickitt [Crickitt]
Role:defence proctor
Details:male
Employment:Notary Public



Participant:Reginald   Appach [Appach]
Role:defence proctor
Details:male
Employment:Notary Public



Associated Places
Click for help
Location:Chesterfield (Derbyshire)
Place(s):Chesterfield (Chesterfield) : ecclesiastical parish
Location:St George Hanover Square (Middlesex)
Place(s):St George Hanover Square (Saint George) : ecclesiastical parish
Location:Sheffield (YorkshireWestRiding)
Place(s):Sheffield (Sheffield) : undefined
Orchard Street (Orchard Street) : street name
Location:Ault Hucknall (Derbyshire)
Place(s):Rowthorne (Rowthorne) : undefined
Location:Derbyshire

Place(s): Derby (Derby) : undefined
Location:Derbyshire

Place(s): Tupton (Tupton) : undefined
Location:Bolsover (Derbyshire)
Place(s):Glapwell (Glasswell) : undefined
Location:Isle of Man

Place(s): Isle of Man (Isle of Man) : undefined
Location:Poulton-le-fylde (Lancashire)
Place(s):Fleetwood (Fleetwood) : undefined
Location:Lancashire

Place(s): Blackpool (Blackpool) : undefined
Location:Mansfield (Nottinghamshire)
Place(s):Mansfield (Mansfield) : undefined
Location:Silkstone (YorkshireWestRiding)
Place(s):Barnsley (Barnsley) : undefined
Location:Royston (YorkshireWestRiding)
Place(s):Carlton (Carlton) : township
Location:Wakefield, All Saints (YorkshireWestRiding)
Place(s):Wakefield (Wakefield) : undefined
Location:Canterbury (Canterbury) : ecclesiastical province
Location:St Benet (London)
Place(s):St Benet (Saint Benedict) : ecclesiastical parish
Location:Derby St Alkmund (Derbyshire)
Place(s):Derby St Alkmund (Saint Alkmund) : ecclesiastical parish
Location:Lichfield (Lichfield) : diocese
Location:Bolsover (Derbyshire)
Place(s):Bolsover (Bolsover) : ecclesiastical parish
Location:London (London) : city
Location:Brighton (Brighton) : town
Location:Scarborough (YorkshireNorthRiding)
Place(s):Scarborough (Scarborough) : undefined
Location:Edensor (Derbyshire)
Place(s):Edensor (Edensor) : ecclesiastical parish
Location:Derbyshire

Place(s): The King's Head Inn (The King's Head Inn) : undefined
The Royal Hotel (The Royal Hotel) : habitation
Location:Rotherham (YorkshireWestRiding)
Place(s):Dalton Magna (Dalton Magna) : undefined
Location:Sheffield (YorkshireWestRiding)
Place(s):Union Street (Union Street) : street name
Orchard Street (Orchard Street, Brelsforth Orchard) : street name
Location:Middlesex

Place(s): Westbourne Terrace (Westbourne Terrace) : street name
Location:Middlesex

Place(s): Chester Terrace (Chester Terrace) : street name
Abstract

John Rowley sued for restitution of his conjugal rights with his wife Mary, who had parted from him. Mary Rowley countered by stating that she did so owing to his cruelty. She sued for a separation by reason of this and his adultery. She alleged that he had beaten and abused her, explaining that this cruelty arose from her refusal to give him money from her independent income. She further stated that he had committed adultery with an unknown woman, through which he contracted venereal disease. This, she attested, was shown by his taking pills for this and by stains left on his clothing. In an additional allegation, she claimed that her husband had committed adultery with one Anne Green, his servant, and that she had become pregnant. John Rowley denied these allegations. He claimed that he had merely tried to persuade his wife to grant him money in order for him to settle her (allegedly numerous) debts, for which he was liable. He further stated that she had attacked and abused him. Mary Rowley brought witnesses to support her, although their testimony was ambiguous, with many stating that they could not declare that John Rowley was guilty of adultery. Some examinations included reference to the stains on his clothing, which he seemingly claimed were caused by another illness rather than venereal disease.  The parties then disputed John Rowley’s wealth and income. The court found for Mary Rowley and the case was sent on appeal.

'The Cause Papers' was developed by The Borthwick Institute for Archives at The University of York Library and Archives with technical development provided by The Humanities Research Institute at The University of Sheffield
Version 1.1 | ISBN 978-0-9557876-4-5
© 2010-2012 The University of York
Contact Us | Copyright and Citation Guide