In 1494, a young servant woman, Agnes Eston, sued John Crosby, a young man from London’s merchant elite. The two had been spending time alone in her chamber, with her employers encouraging the relationship and turning a blind eye to the impropriety. Eston alleged that the two had exchanged binding vows of marriage, but Crosby denied it – occasioning this lawsuit. Witnesses invoke the distinction between “marriage before God,” a private exchange of vows that created an true marriage but one that only God had seen, and “marriage before man,” an exchange of consent that was witnessed by mortals who could testify and prove the marriage in court.
Agnes Eston had influential people support her case, so she must have been of at least moderate social status, but likely she was not in the same league as the young “Master Crosby.” The John Crosby of this suit was likely the man of the same name who was the son and heir of the late and very wealthy Sir John Crosby, alderman; if he was the same person, he was between fifteen and twenty when the relationship with Agnes first developed in about 1491. This was old enough to contract a marriage (the minimum age was twelve for girls, fourteen for boys), but too young to have control over his inherited fortune. The John Crosby who was son of the alderman died in 1501, unmarried (see his will here), so likely Agnes lost her suit. She had impressive witnesses but that did not help a legally weak case.
Source: London Metropolitan Archives, MS DL/C/A/001/MS09065, fols. 201r-202r, 207r-208r.
Deposition of Thomas Spencer, 10 Jun. 1494
On behalf of Eston c. Crosby
10 June by the lord Official in his dwelling house, in my, Richard Grome’s, presence
Thomas Spencer of the hospital of St. Bartholomew in West Smithfield,1 where he has lived for eight years and more, literate, of free condition, sixty-three years old as he says. Sworn as a witness etc., he says that he has known Agnes Eston for four or five years and John Crosby for three years or thereabouts. Examined further on the libel, he says that on a certain day falling between the feasts of St. Michael the Archangel [29 Sept.] and Christmas two years ago, which day he cannot specify, John Crosby came many times to this witness’s house and there communicated familiarly with Agnes Eston. And after many things were discussed, John Crosby, in the presence of this witness’s wife and Agnes, said to this witness in English, “Brother Spencer, let this gentlewoman want no manner of thing, for what so ever she take, I will content it.” And within three quarters of a year after that on an evening in winter, John came to this witness’s house for the sake of communicating with Agnes, and went to Agnes’s chamber and there they familiarly communicated with one another. And immediately after they had spoken together, Agnes called this witness and his wife to drink with them, and when they entered into the chamber John said to this witness in English, “Ye be welcome.” And this witness answered and rejoiced, and said to him in English, “Master Crosby, ye be the more welcome, if it be as my cousin saieth.” And then John said to this witness, “Why, what saieth she?” And this witness responded, “She saieth that ye and she be man and wife before God,” and he responded, “I say the same, and what she saieth, I will perform it.” And otherwise he knows nothing to depose about its contents, but he says that what he said above is true, and that public voice and fame circulated and circulate about it in the City of London.
Deposition of Alice Spencer, 10 Jun. 1494
Alice Spencer of the hospital of St. Bartholomew aforesaid, where she has lived for seven years, literate, of free condition, fifty-eight years old as she says. Sworn as a witness etc., she says that she had known Agnes Eston from the time of her birth and John Crosby for three years. Examined further on the libel, she agrees with the first witness examined above. And she says that as she believes on the feast of St. Martin [11 Nov.] two years ago, John asked Agnes for a certain gold ring which he had given her, and she answered that she had it, and he asked why she did not wear it, and she answered that it was not in her power to wear such a thing, and then John asked Agnes if he could see it, and then she handed the ring to him, and John put the ring on Agnes’s finger, and asked her to wear it for love of him. And otherwise she knows nothing to depose concerning its contents, but she says that what she said above is true, and that public voice and fame circulated and circulate concerning it in the city of London. To the first interrogatory, she says as she said above. To the second interrogatory, she responds negatively. To the third interrogatory, she says as she said above. To the fourth interrogatory, she says that she does not care which party obtains victory.
Deposition of Master William Dawbeney, 24 Jun. 1494
24 June, by the lord Official, in the dwelling house of Master Dawbeney and his wife, in my, Richard Grome’s, presence
Master William Dawbeney, of the parish of St. Dunstan in the East, where he has lived for ten years, literate, of free condition, fifty-eight years old, as he says. Sworn as a witness on the libel, he says that he has known Agnes Eston for twenty years and John Crosby for ten years. Examined further on the libel, this witness says that he often and many times heard John Crosby saying that he had contracted marriage with Agnes Eston, and he says that John Crosby gave Agnes a gold chain, which chain was at Crosby’s request brought to this witness in order to raise money to support John and Agnes, and whether his wife was present at the delivery of the chain or not he does not know. And otherwise he knows nothing to testify concerning its contents, but he says that what he said above is true and that public voice and fame circulated and circulate both about the contract and about sexual relations between them. To the first interrogatory, he says as he said above. To the second interrogatory, he replies negatively. To the third interrogatory, he says as he said above. To the fourth interrogatory, he does not care about victory as long as justice is done.
Deposition of Joan Dawbeney, 24 Jun. 1494
Joan Dawbeney of the parish of St. Dunstan in the East, where she has lived for seven years, literate, of free condition, twenty-eight years old, as she says. Sworn as a witness etc., she says that she has known Agnes Eston for eleven years and John Crosby for three years or thereabouts. Examined further on the libel, she says that on a certain day around three years ago, which day this witness cannot further specify, John Crosby gave this witness’s husband a gold chain worth fifty pounds sterling in order to raise money to support John and Agnes Eston. And then this witness asked John what his intentions were regarding Agnes and he answered, “This chain, my goods, and my body are hers, because she is my wife before almighty God.” She says also that she often heard John saying that he had contracted marriage with Agnes. And otherwise she knows nothing to testify about its contents, but she says that what she said above is true and that public voice and fame circulated and circulate in the said parish of Stepney. To the first interrogatory, she says what she said above. To the second interrogatory, she responds negatively. To the third interrogatory, she says as she said above. To the fourth interrogatory, she says that she does not care about victory as long as justice is done.
Deposition of John Baynard, 2 Jul. 1494
2 July, by the lord Official in his dwelling house, in my, Richard Grome’s, presence
On behalf of Eston c. Crosby
John Baynard of the parish of St. Martin Outwich, city of London, where he has lived from the time of his birth and where he was born, literate, of free condition, forty-eight years old as he says. Sworn as a witness etc., he says that he has known Agnes Eston for sixteen years and more, and Master Crosby from the time of his childhood, as he says. Examined further on the libel, he says that many times around three years ago, this witness saw when John and Agnes spoke familiarly together as they ate and drank, but what they spoke about this witness does not know, whether it was about marriage or not he does not know. And he says that Agnes often said to this witness that Master Crosby wished to take her as his wife, and then this witness responded and gave her advice that she should have many trustworthy witness to hear that contract between them, and she replied, “I trust greatly in him […].” And afterwards Agnes told this witness that if he had thousands in gold she would never marry him. And otherwise he knows nothing to testify about its contents, but he says that what he said above is true and he knows nothing to testify about the fame. To the first and second interrogatory, he says as he said above. And to its other contents, he replies negatively. To the third interrogatory, he says as he said above. And otherwise he knows nothing to testify. To the fourth interrogatory, he says that he does not care about victory as long as justice is done.
1. St Bartholomew’s Hospital was associated with the priory of the same name in West Smithfield. Such ecclesiastical properties often had tenements inside their precincts leased to laypeople, and it was likely that the Spencers lived in such a tenement, rather than that they were recipients of the hospital’s alms.
Consistory 