Affadavit of Thomas Old

Found in a bundle of legal documents regarding the Whitchurch family – this regarding the dispute between John Whitchurch of Sharpshaw and his wife Elizabeth in Nunney, Somerset, England.

Madam

I Thursday last called on Mr. Old & settled his affadavit and on the other half sheet — — a copy of it, which he says is as particular, and as strong as he can recollect & safely swear to – I was willing to send you a copy of it before he was — that you might if you thought proper gett the Gentleman to advised these affadavits to peruse the same – As soon as you return it I will get Mr. Old sworn Since your last Mr Cain has been with me about the Farm House but offers no more than six pounds a year, which I think considerably too little. Mr. John Morgan — out too morrow for London, and I have this day delivered the makers et et which he will have at Mr. Theobald’s I am in last

Madam

Your Most Blsd Servt – James Wickham – 26th Febry 1748

In the King’s Bench

Thomas Old of East Pennard in the County of Somerset Cork maketh oath that several times in the years 1745 and 1746 when this Deponent has been at the house of John Whitchurch of Sharpshaw within the Parish of Nunney in the County of Somerset aforesaid Esqr he the Deponent has heard the said John Whitchurch say of Eliz. W. his wife You shall be gone, I wish you was gone, Why don’t you go, I desire you would, I want none of your property, Take your property and be gone, or words to that Effect; And that one evening in particular in or about the month of February which was in the said year of our Lord 1745 according to the best of this Deponents remembrance as to the time the said Jno. W. devised and said the sd. E. W. his said wife shd. go and that he the said J. W. that evening rose up in great fury as if he wod. strike the said Eliz. W. which this Deponent then feared he wod. have done, and therefore interposed and stood between them And this Deponent also saith that sometime after (that is to say) in or about the month of November in the said year of our Lord 1746 (according to the best of this Deponents remembrance as to the time) the said J. W. again devised and said that the said E. W. his said wife shod. immediately go – To which the sd. Eliz. W. answered she wod. obey him and go as soon as possible but cod. not that night or words to that Effect And this Deponent also saith that the —– last mentioned the said J. W. in a great rage endeavored to come to the said Eliz. W. to strike her as this Deponent imagined and which this Deponent believed he wod. have done had not he this Deponent prevented it, by holding the said J. W. whilst the said E. W. hastened out of the Room And this Deponent further saith that the said Eliz. W. fearing (as this Depnt believes) some injury would be done to her Person by the said J. W. has frequently before she went from her said husband’s, desired him this Deponent to ly in her said Husband’s house, which this Deponent has on that account often done, And this Deponent further saith that for some considerable time before the said E. W. left the house of her said Husband he this Deponent was apprehensive and feared (from what he had seen of her said Husband’s behavior) that some mischief would be done unto her by her said Husband.

Swornes

*Transcribed from an original document – Somerset Archives

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