412. Peter de St . Remye , otherwise John Lafontaine , otherwise Lafountaine , otherwise Delafountame proceedingsdefend , of the parish of St. James's Westminster , Gent. was indicted for that he on the 7th day of March in the 14th year of his present Majesty's reign, in the parish of St. Bridget, otherwise St. Brides , did marry one Ann Hatfield proceedingsvictim Spinster , and her then and there had for his wife, and that he the said Peter de St < no role > . Remye, &c. afterwards to wit on the 6th day of August in the 18th year of his Majesty's reign at the parish of St. George, Hanover-Square, did feloniously marry * and to wife take, Anne Yarp proceedingsvictim widow , his former wife Ann being then living and in full life, against the form of the Statute and against his Majesty's peace, &c .

* This prosecution is founded upon an Act of Parliament made in the 1st of James 1st, chap. 11. whereby 'tis enacted that if any person or persons shall marry, the former husband or wife being living, every such offence shall be Felony, and the person and persons so offending shall suffer death as in Cases of Felony. Then it is provided that this Act shall not extend to any person or persons, whose husband or wife shall be continually remaining beyond the seas by the space of seven years together, or whose husband or wife shall absent him or herself he one from the other by the space of seven years in any part within his Majesty's dominions, the one not knowing the other to be living within that time, or where the person is divorced from the first marriage, or where the former marriage is made void by sentence in the Ecclesiastical Court.

The Prisoner being a Frenchman desired, a Jury, De medietate Linguae , which was granted, and is as follows,

Thomas Niccol proceedingsjury

James Dalbiac proceedingsjury This name instance is in set 2739.

Ralph Marsh proceedingsjury

Daniel Pilleau proceedingsjury

Daniel Wedon proceedingsjury .

Simon Dalbiac proceedingsjury This name instance is in set 2739.

Jarvis Weston proceedingsjury

Peter Meigett proceedingsjury

Henry Bristow proceedingsjury

Peter Pontie proceedingsjury

Francis Calloway

Lapton Jourquet.

Sarah Rogers < no role > . I was acquainted with Mrs. Ann Hatfield < no role > when she lived in St. Anns Soho , she passed for a single woman - I saw the Prisoner once there, and she told me she was to be married to that Gentleman - she said he was a Gentleman - I told her he looked like a Jew, and I understood he was angry with me for saying so - he went then by the name of Peter de St < no role > . Remye.

William Dare < no role > - I am a Clergyman of the church of England.

Q. Look at the Prisoner, and see if you remember him.

Dare. I remember the Gentleman very well, I married him the 7th of March 1740. In the evening after it was dark - by candle-light at the house of one Mrs. Crook in the Fleet-Market: by the name of Peter de St < no role > . Remye, of the parish of St. Anns Westminster, Gentleman and Batchelor, to Ann Hatfield < no role > of the same parish Spinster - the Prisoner not only told me his name, but at the same time took a pen and ink and wrote it down, that I might set it down right, this is the entry I made in my book at that time.

Q. Who told you that the woman's name was Ann Hatfield < no role > ?

Dare. She did her self, and bid me set her down Spinster; before the Prisoner came to the house, two women, one of whom was Mrs. Ann Hatfield < no role > , came there and enquired if they could have a Clergyman, and Mrs. Crook sent for me, and one of them made an agreement with me what I was to have for the marriage - that was 13 s. 6 d. and the Prisoner came in and consented to the agreement - I lived in Fleet-Lane then, but was not a Prisoner.

Pris. Coun. Did the Prisoner pay that money?

Dare. It was laid down upon the book with the ring, I can't tell who laid it down - they were married according to the form of the Common-prayer and the Ceremonies of the Church of England; I took the Gentleman's hand and joined to the woman's, whether he thought the ceremony was over or no, I can't say, but he went to salute her, and I said, pray don't be in a hurry, have a little patience, and then you may do as you please - she was given away by a Gentleman I don't know. After the ceremony was over he gave the gentlewoman of the house a shilling for officiating as clerk, I said it was usual to give something more; he frowned, which made the cresses in his forehead appear more than ordinary, and I took particular notice of him - I observed his nose was remarkable; my Lord, there is something more corroborating, a gentleman came to me some little time afterwards, to know whether I had married one Mrs. Ann Hatfield < no role > to one Mr. Remye, I said I had, he said with an oath (your Lordship will excuse me) I am glad of it, for I did not think any body would have had her she is so d - n ugly; and he said he was glad for other reasons that he did not tell me - He called her his sister-in-law, and desired a stamped certificate. I gave him a certificate with a 5 s. stamp, and he gave me half a guinea for my trouble, and paid the stamps beside.

Q. Was she a homely woman?

Dare. She was a very ordinary woman, a tall thin woman.

Prosecutor's Council. Then she was not a tempting piece?

Dare. She would not have tempted me.

Prisoner's Council. Can you take upon you to say that the Prisoner married Ann Hatfield < no role > ?

William Dare < no role > . I am as positive to the Prisoner's being the person who married one who called herself Ann Hatfield, as I am that my name is William Dare < no role > - I never saw the Prisoner since till yesterday to my knowledge. Another thing I thought very odd, he came in a plain hat, and as soon as the ceremony was over, the gentlewoman pulled a lace hat out of a handkerchief and he put it on.

Prisoner's Council. Did the Prisoner make responses?

Dare. If he had not, I should have done as I do at all times, desire him to speak so as I might hear him, for I am a little deaf, but he spoke with an audible voice.

Barbara Crook < no role > . I live in the Fleet-Market, about three or four years ago two women came about a wedding, and I sent for Mr. Dare a Clergyman of the Church of England, one of them agreed for 13 s. 6 d. - I am very certain the Prisoner is the person who was married to one of those women - Not to her that made the agreement - The marriage was performed according to the ceremony of the Church of England; before the ceremony was gone through the Prisoner offered to salute her, and Mr. Dare checked him for it, and said it was time enough for that when the ceremony was over.

Mrs. Crook produced a book of marriages which she keeps, wherein was the entry of the marriage, made by Mr. Dare at the time, signed W. D. and agrees as to the names and date as deposed by Mr. Dare; she also confirmed every material circumstance mentioned by Mr. Dare.

Prosecutor's Council. Did you go to see her after she was married?

Crook. Yes, and she was not at home; I found she bore but an indifferent character, so I did not go any more, - she lived in St. Ann's-Court Soho .

John Robinson Minors < no role > an Attorney, produced a deed to which he was a subscribing witness, and which was prepared by him, and knows that Mrs. Ann Hatfield < no role > was daughter of Joshua Hatfield < no role > , and saw both the Prisoner and her execute this deed after he had read it twice over to them, viz.

' This indenture made the 4th day of February ' 1743, between Peter Lasontaine < no role > de St. Remye, of ' St. Martin's in the Fields, in the County of Middle-sex ' Gent. and Ann his wife, which said Ann is ' one of the daughters and coheirs of Ann Hatfield < no role > , ' deceased, by Joshua Hatfield < no role > her late husband, ' deceased, &c.'

Q. Is Mrs. Ann Hatfield < no role > the first wife alive?

John Robinson Minors < no role > . I saw her but yesterday.

Amme Yarp. I am widow of Henry Yarp < no role > , my husband died about two years ago - He was a Broker.

Q. Do you know the Prisoner, look at him?

Amme Yarp. I know him without looking at him - I was married the 6th of August last by Mr. Keith at May-Fair Chapel, about one o'clock at noon to the Prisoner, by the name of John Delasontaine < no role > , according to the form and ceremony of the Church of England, and was given away by one Mr. Clarkson - There was a thing they called a licence produced at the chapel, but whether it was a regular one I can't tell.

John Clarkson < no role > . I saw this lady [Mrs. Amme Yarp] married to the Prisoner, August the 6th last at May-Fair Chapel, in the parish of St. George Hanover-Square, and gave her away; they were married by Mr. Keith - I believe his name is Alexander Keith < no role > - I think he had not a surplice on, he appeared to be a Clergyman - I was recommended by one Mrs. Allen to give her away, for I knew her but three days before.

Mr. Alexander Keith < no role > appeared and proved that he married the Prisoner to Mrs. Yarp.

The Council for the Prisoner produced an excommunication taken out of the Bishop of London's court against Alexander Keith < no role > , but not producing the proceedings in the spiritual court upon which this excommunication was founded, it was not admitted in evidence. Guilty .

[Branding. See summary.]