Reading Mistress Elizabeth Bourne

Marriage, Separation, and Legal Controversies

Cristina León Alfar, Emily Sherwood, Cristina León Alfar, Emily G. Sherwood

• Publisher: Routledge
• Year: 2021
• Print ISBN: 9780367700362
• eBook ISBN: 9781000340280
• Edition: 1
• Topic: Histoire
• Subtopic: Histoire de la Grande-Bretagne

The documents contained in Reading Mistress Elizabeth Bourne: Marriage, Separation, and Legal Controversies tell a story of Mistress Bourne's petition for divorce, its resolution, and the ongoing dispute between Mistress Bourne and her husband about their marriage and separation, and subsequently between Mistress Bourne and Sir John Conway both for custody of her daughters and her financial security. The letters capture the contradiction between married women's official legal limitations and the often messy and complicated avenues of redress available to them. Elizabeth's narratives and desire for divorce challenge literary representations of patient endurance where appropriate feminine behavior restores a husband's devotion. The Bourne case offers a unique set of documents heretofore unavailable except through the British Library, National Archives' State Papers, and Hatfield House. Reading Mistress Elizabeth Bourne is tremendously important to early modern scholars and our knowledge about and view of women's negotiations for legal autonomy in the sixteenth century.

Letters and Documents

1 13 February [1576/7],¹ Master Anthony Bourne to Mistress Elizabeth Bourne

1 Anthony Bourne sold Battenhall, a manor in the parish of St. Peter, Worcester, to Thomas Bromley in January of 1576/7. His reference to selling Battenhall in this letter suggests that this letter was written shortly after.

(© British Library Board, BL, Add. MS 23212, fols. 5–6)²

2 This letter is a copy, as noted by Sir John Conway on fol. 6 of this letter. There is no address page. What must be the original is contained in BL, Add. MS 23212, fols. 3–4, and is addressed “To Mistress Bourne at Sarsden, these with speed.”

This copy of Master Bourne’s letter to his wife to persuade her to answereth a fine to the Lord Chancellor therein, Her Majesty’s Solicitor General.³

3 Contents description is given by Sir John Conway in fol. 6. The letters are usually accompanied by his (often enlightening) notes, such as this one.

Bess,

I commend me hardily to you, then do I hope that you have spent the time more merrily in Warwickshire and elsewhere than I have done here. Besides that matter whereof I wrote unto you, which will do you no good to know, withal I have taken great pains for my other business and brought the same to wished effect. I have gone through Sandford clearly and made unto you therein an estate for life. I have also bought one annuity of 50 pounds by the year, to discharge that which is paid out of Cutteslowe,⁴ in which you have also an estate for term of life. So as I have made you a large recompense for Stowell⁵ and your half part of Lyneham for where these two were worth but £180 by the year; these two which I have joined you purchaser in are to be letten⁶ at the least for 400 pounds by the year.

4 Because John Chamberleyn sold Cutteslowe to Anthony Bourne on 2 January 1576/7, this provides further evidence for the date this letter. Anthony Bourne sold Cutteslowe to William Lenthall c. 1588.

5 In 1577, Anthony Bourne sold Stowell to Robert Atkinson and his wife Joyce. Because Stowell belonged to Elizabeth Bourne, here he is compensating her for the loss of her property.

6 Let, v.1. 8a. To grant the temporary possession and use of (land, buildings, rooms, movable property) to another in consideration of rent or hire.

Now to comfort you more, Sir James Mervyn and I are gone through for Lyneham in such sort as that the next term I dare assure you it shall be ours and yet if it fail, I have to make you a further recompense, conveyed unto you £3000 in money, the same to be bestowed upon Lyneham or somewhat else to your use. Your plate is also redeemed and shall be sent home; your jewel I also have but will advise to leave it when I speak with you.

Now Bess, I have told you what I have done for you. Let me tell you what I have done against you. I have sold both Battenhall and Holt to Master Bromley⁷ and broken with Master Owen⁸ upon some respects such as Master Chamberleyn and I both will tell you at my return home. You must, therefore, put your hand to the two fines which Sir Gerard Croker will bring you. I pray you, excuse my breach of appointment with Sir John Conway, for I cannot for my life come hence till Saturday night. So as upon Monday I will be home by dinner.

7 Thomas Bromley.

8 Possibly, Richard or William Owen.

And so farewell, good Bess. With hardy commendations to yourself and God’s blessing to my young mistresses. London, the 13th of February.

Your loving husband,

Anthony Bourne

2 2 March 1576/7, [Indenture for the Marriage of Amy Bourne and Edward Conway]

(© British Library Board, BL, Add. MS 23212, fols. 71–72)¹

1 This document, signed by Anthony Bourne, would have been the copy received by Sir John Conway. It is a document referred to in NA, SP 13c, fol. 28 (Indenture of Award reconciling all debts and holding Conway innocent of all accusations made by Anthony).

By indenture hearing date, the second day of March in the nineteenth year of the reign of our Sovereign Lady Queen Elizabeth, her Majesty, made between Sir John Conway Knight of the one part and Anthony Bourne, Esquire, of the other part, among other things it appeareth.

That the said parties have covenanted one to the other to do their best endeavor that Amy, daughter of the said Anthony, and Edward, son of the said Sir John, shall be together married.

And that to the end the same marriage shall the rather take effect, the said Anthony hath granted and assigned to the said Sir John the government, marriage, and custody of the said Amy until her age of fourteen years or marriage aforesaid solemnized without let or disturbance.

And that if the said Anthony shall fortune to decease without issue male, then he shall leave to the said Amy the moiety of all his lands which he shall be seized of at the time of his decease either lawfully to descend or to be assured to the said Amy and her heirs forever; and also the moiety of all his goods, debts, and chattels, whatsoever.

Provided that it shall be lawful for the said Anthony to dispose £1000 at his pleasure out of her part. And that the said Anthony shall pay to the said Sir John £1000 within eight months after the sealing thereof, and £500 for the said Edward at the marriage day.

And that the said Anthony should find and bring up Frances Conway one of the daughters of the said Sir John in like and equal sort as the said Amy shall be brought up by the said Sir John.

And if it fortune Elizabeth, wife of the said Anthony and mother of the said Amy, or any other his wife to survive the said Anthony, that then the wife of the said Anthony, his executors or assigns, shall yearly pay unto the said Edward Conway after marriage solemnized as aforesaid £100 at two terms in the year during her natural life.

And that the said Sir John Conway hath covenanted with the said Anthony that upon marriage solemnized as aforesaid, the said Sir John shall assure to the said Edward and Amy all that his manors of Belne with the appurtenances, and to make the same worth £80 a year above all charges and reposes² during the life of the same Amy.

2 Repose, v1. 6. b. intransitive. To lie in the control or management of a person or institution; to be placed in the hands, power, etc., of.

And that if the said Edward fortune to decease after the said marriage solemnized, then the said Sir John shall leave and assure to the said Amy after the decease of the said Sir John Conway £100 more out of all other his lands, and after the death of the now or then wife of the said Sir John one other £100 during the natural life of the said Amy.

And that the said Sir John shall immediately after his decease leave assured the said Edward his son all his manor of Kingley in the county of Warwick.

And that (his debts paid and daughters married) the said Sir John shall assure to the said Edward his manor and Lordship of Luddington and all copies³ woods and underwoods within his manor of Arrow.

3 Copy, n. and adj. A. n. †I. Abundance, plenty. a. Plenty, abundance, a copious quantity. Obsolete.

And, finally, that the said Sir John Conway shall sufficiently and lawfully assure and convey all his manors of Arrow and Kingley with their appurtenances to the said Edward and Amy, his wife, and to the heirs of their two bodies lawfully begotten, and for lack of such issue the remainder thereof to the right heirs of the said Edward Conway, forever.

4. This indenture proveth the four considerations.2 March 19 Eliz

Covenants concerning the marriage of Edward Conway to Amy Bourne

Master Anth. Bourne⁴

4 The last few lines of this document, starting with “4. This indenture proveth,” are written in two distinctly different hands on fol. 72v.

3 [Undated],¹ Sir John Conway to Master Anthony Bourne

1 There are several possible dates for this letter. Anthony first flees the realm in March 1577. He is once again “a fugitive” according to the Acts of the Privy Council in 1595. It is possible that he was in France in 1583. We know that in official documents of 1582–1583, Anthony clearly asserts his intention to make his life with Mistress Pagnam.

(© British Library Board, BL, Add. MS 23212, fol. 83)

The copy of my letter sent to Master Bourne in dissuading him from Mistress Pagnam.

Keep a happy life to yourself and leave death to her chase. If she escape not, the peril as well as you shall enjoy the pleasure, let me answer the murder. Women, as I have said, be good poets. They can fain well. Beware lest she can make better and you mar all. The choice is now in your own hand—

I have here showed you some perils which [threaten] your purpose. Compare them with the pleasure you seek, and as your own reason shall persuade you, so I leave God to guide you. If you take this I speak in ill part, you wrong your friend’s good will, whose honest heart more desireth your happiness than your own reason can in this time foresee your evil doings.

Affection is blind, and where she fails, wisdom serves. This being so, I were not a friend to conceal that duty in friendship binds me to speak, and discretion wills you to see. I would to God you had passed as much {…}² and proof of law and friendship as I have ever. You would hear more than fear to fall into the necessity to seek favor of any. You shall find in so ill a case the favor of law, and friendship so cold and costly, that had, I wist,³ will come too late. And my words will be remembered.

2 This letter, though a copy of one sent to Master Bourne, has several tears at the right margin. We include it because it shows John Conway attempting to dissuade Anthony from leaving his wife and his country.

3 Wist, v. To know; past participle = caused to know, informed.

Be friend to yourself, and you shall have many friends to favor you. Alter your estate to stand upon petition without the compass of your own help. And you shall go helpless or be hardly assisted.⁴ I shall then love myself {…} better, and will not leave to love you of pity that you will not lo[...

Table of contents

• Cover
• Half-Title
• Series
• Title
• Copyright
• Dedication
• Contents
• Acknowledgments
• Abbreviations
• Editorial Principles and Notes on the Text
• Introduction: The Marital Dispute of Elizabeth and Anthony Bourne: Femme Sole Status and Its Discontents
• Letters and Documents
• Places
• People
• Index