John Payden, John Ward.
13th December 1699
Reference Numbert16991213-39
VerdictNot Guilty; Guilty
SentenceMiscellaneous > branding

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John Payden, alias Thomas Lock , of the Parish of St. Anns, in the Liberty of Westminster , as Principal, and John Ward , as accessary were Indicted for Polygamy, for that he, the 23d of April , 1693, did take to Wife one Elizabeth Osborne , and to her was Married at the Parish of St. James Dukes-place; and that he afterwards at the Parish of St. Anns Westminster, on the 29th of September, 1698, did take to Wife one Mrs. Elizabeth Adey , his first Wife being then alive . The first Evidence was the Minister of St. James Dukes-place, who deposed, that on the 23d of April, 1693 he Married two Persons, Thomas Lock, a Widower, and Elizabeth Osborne, a Spinster, but could not say he remembered them, but said he was desired by an Honourable Lady, who was present in Court, to go with her to Newgate, to see if he knew the said Payden alias Lock; accordingly he went, where he saw his first Wife; but no sooner had the Prisoner spied her, but that he fell upon his Knees, and ask'd her pardon for his fault, and acknowledged at the same time that he was Married to her, and likewise owned at the same time, that he was Married to the Lady, Mrs. Elizabeth Adey, and would have begged her Pardon, pretending to be sorry for his Offence; the Clerk of Dukes-place deposed that, he was the Father that gave her, and that he well remembered them, by reason they invited him to their House, and gave him a pair of Gloves. Another Evidence said, that he went by the Name of Lock, and lived with her Sister as his Wife, and had a Child by her. An Attorney gave Evidence, that in April, 1693, he drew Writings concerning the Marriage of the said Elizabeth Osborne, with the Prisoner, and saw him Sign the same, by the Name of Thomas Lock, which Writing he produced in Court; and said, that he did see Elizabeth Osborne on Monday last was seven Nights. The Curate of St. Anns Westminster, deposed that on the 29th September 1698, he had a License brought him to Marry two Persons, John Payden, Widower, and Mrs. Elizabeth Adey, Widow, which accordingly he did the same day, and said, that he did well remember the Prisoner to be the same Man, his Clerk likewise deposed the same. Another Evidence said, that by the means and subtilty of Ward, she had like to have been Married to the Prisoner, but that the Care and Prudence of her Friends detected the Villany; and that he Courted her by the Name of Sevando Ponteau , and had divers Letters from him to prove the same. She declared also, that he had Courted another Lady of a great Fortune, by the Name of John Stiles , Esq; she also said, that he hath been called in this City by the Name of the Never-born or (Unborn) Doctor; and the Seventh Son of a Seventh Son. Ward pretended himself to be Paydon's, alias Lock's Steward, (or Rent-gatherer) and vouched that his Master had a great Estate near Norwich, and procured a false Settlement to be made to Mrs. Elizabeth Adey, a Person of a great Family, and Honourably descended; but it did not appear that he knew any of the former Match, the Jury acquitted him, but Paydon, alias Lock, made a frivolous Defence; saying that he was in Flanders at the time of the first Marriage, and would have called a Condemned Person to justify the same. The Jury having considered the Matter found him Guilty .

[Branding. See summary.]

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