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<DATE>2007-06-15</DATE>
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<NAME>Jonathan Blaney</NAME>
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<P>Alimony Arraign'd, OR THE REMONSTRANCE AND HUMBLE APPEAL OF <HI>THOMAS IVIE</HI> <ABBR>E&s;q</ABBR> From the High Court of <HI>CHANCERY,</HI> To His HIGHNES the <HI>LORD PROTECTOR</HI> of the Commonwealth of <HI>England, Scotland,</HI> and <HI>Ireland,</HI> &amp;c. WHEREIN Are &s;et forth the unheard-of Practices and Villanies of Lewd and Defamed Wo|men, in Order to &s;eparate Man and Wife.</P>
<P>LONDON, Printed in the Year 1654.</P>
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<DIV1 TYPE="text">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>The humble Appeal and Re|mon&s;trance of <HI>Thomas Ivie,</HI> E&s;q. To His Highne&s;s the <HI>Lord Protector,</HI> &amp;c.</HEAD>
<P>_HAd it not plea&s;ed the Lord to bear up my fainting &s;pirit, with more than an ordinary Confidence that the Deliverance of his People was nigh at hand, and that he would put a &s;top to the Violent Pa&s;&s;ions of Oppre&s;|&s;ing Men, I had undoubtedly &s;unck under tho&s;e abo|minable Scandals and A&s;per&s;ions, which have been ca&s;t, like dirt about the &s;treets, upon me, by my Wife and her Abettors.</P>
<P>But certainly the Day of our Deliverance is already dawn'd; And we are in &s;ome mea&s;ure a&s;&s;ur'd, that <HI>Ju&s;tice</HI> and <HI>Righteou&s;ne&s;s</HI> is alrea|dy broke &s;orth, and that the Abominations of the Wicked &s;hall be no more clothed with <HI>Authority;</HI> but what&s;oever is a Lie &s;hall be made mani&s;e&s;t, and confounded.</P>
<P>As our Eyes are therefore on the Lord, as the &s;upreme Fountain of all Goodne&s;s, &s;o we tru&s;t that the Declaration of his Will &s;hall be made out by Your Highne&s;&s;e, being cho&s;en by Him&s;elf in an extraor|dinary manner, and by a wonderfull &s;eries of Providences, to this very end, to execute Righteou&s;ne&s;s and Judgement for his People that are oppre&s;&s;ed among&s;t us: and that your Highne&s;s will put on bowels of Compa&s;&s;ion for the Afflictions of Men in Mi&s;ery, who pour out their Complaints and Grievances before you.</P>
<P>With this Confidence I appeal from the Chancery unto your High|ne&s;&s;e (being unable to endure any longer, either the Expences or De|lays of that Court; or indeed the Ju&s;tice, which is there di&s;tributed) For be&s;ides the hazarding of that which is better than a precious Oint|ment, much of my E&s;tate hath been con&s;umed, and great Debts con|tracted, by rea&s;on of my attendance upon the&s;e unnatural Differences, (which have been fomented between my &s;elf and my &s;educed Wife) much of it torn away by Violence under a Pretence of <HI>Alimony</HI> for
<PB N="2" REF="3">
her, to whom I never denyed or refu&s;ed any thing what&s;oever.</P>
<P>And that which remaineth is daily &s;o mole&s;ted with Creditors, that I now may mo&s;t truly take upon me the Expre&s;&s;ion of <HI>Job, I once had Riches, but now have none:</HI> And unle&s;s it will plea&s;e your Highne&s;s to afford a &s;peedy Redre&s;s, I &s;hall hardly enjoy long my Liberty al&s;o.</P>
<P>I will not &s;ay any thing of tho&s;e &s;ad and di&s;mall Thoughts which have been conninually in my Mind, tho&s;e hideous Temptations, which have been hourly grating and gnawing my very &s;oul.</P>
<P>During this &s;ad Condition, tis the Voice of the Lord only can &s;peak Peace unto my Spirit, (who&s;e Name be ble&s;&s;ed for tho&s;e &s;weet and refre&s;hing Experiences, with which he hath &s;upported me in this fiery tryal) but I &s;hall open unto your Highne&s;s, as unto a good <HI>Samaritan,</HI> the wounds of my Body and <HI>Fortune;</HI> (&amp; briefly pre&s;ent a <HI>Narrative</HI> of the whole Matter concerning my &s;elf, and wife, and how it hath been tran|&s;acted in the Chancery) That &s;o I may with the more confidence ex|pect a Cure proportionable to my Di&s;ea&s;e; and that your Highne&s;s Judgement may be as well grounded upon Knowledge, as my Suffering upon Experience.</P>
<P>Having faithfully di&s;charged the Tru&s;t that was repo&s;ed in me by the honourable <HI>Ea&s;t-India Company</HI> (as their chief Agent at <HI>Madra&s;&s;opotan,</HI> where I had not only the Command of the per&s;ons of Thou&s;ands of People, but al&s;o the Fort of St. <HI>George,</HI> and Town of <HI>Madra&s;&s;opotan;</HI>) And having made a thorough Reformation of the grand Abu&s;es which had crept into tho&s;e parts, to the great Injury of the Trade; and erected them a Town by my own pains and Indu&s;try, even out of the Sea it &s;elf, for the better advantage and &s;ecurity of it; I re&s;olved with my &s;elf, (though I was often per&s;waded by the &s;aid Company to continue lon|ger my Charge) to return into my Country, where I had left the near relation of a Wife behind me: And by how much the more that Reci|procal happine&s;s (which we enjoyed together) did revive, the more enflam'd were my De&s;ires for a Return.</P>
<P>But I had no &s;ooner arrived in <HI>England,</HI> but the fir&s;t News almo&s;t that was brought me, was the Death of my Wife, in her very Jour|ney to meet me.</P>
<P>This was the fir&s;t Tryal which the Lord laid upon me: But as he corrected, &s;o he gave me Patience and Submi&s;&s;ion to his Will in it; neither were friends wanting to endeavour a Belief in me, that as the Lord had taken one Wife from my Bo&s;om, &s;o he could be&s;tow ano|ther.</P>
<P>After many &s;everal Dayes and Months thus &s;pent in Melancholy,
<PB N="3" REF="3">
and willing to inure my &s;elf to the Condition I enjoyed when I left <HI>England,</HI> I was per&s;waded to addre&s;s my &s;elf to one Mrs. <HI>Garret,</HI> a Widdow, and Daughter of Mr. <HI>Stepkins,</HI> who was repre&s;ented unto me to be as beautifull in mind as in per&s;on; And though her Husband had left her nothing, yet was I not deterr'd by this to forbear my &s;ute, &s;up|po&s;ing what was wanting in <HI>Fortune,</HI> would be made up in <HI>Affection</HI> and and <HI>Sweetne&s;s</HI> towards me.</P>
<P>Hereupon, in &s;hort, about <HI>October.</HI> 1649. a Marriage&punc; was had and concluded between us; and, that I might give the be&s;t demon&s;tration what a high value I put upon her, I &s;etled for her Joynture 1000 l. <HI>per ann.</HI> and Covenanted with her Tru&s;tees to leave her at the time of my Death 1000l. al&s;o in ready money.</P>
<P>Her Father (now taking notice of this cordial and affectionate dea|ling of mine with his Daughter) made in &s;hort this Propo&s;ition unto me, That if I would give him the &s;aid <HI>Stepkins</HI> 1000l. more, and de|liver forthwith unto his &s;aid Daughter, as many Jewels as might be worth at lea&s;t 1200l. that then he would &s;ettle his E&s;tate at <HI>Wapping</HI> (being 240l. <HI>per An.</HI>) upon me for my life, and after my decea&s;e to my Wife; And in ca&s;e we had I&s;&s;ue, then to them; and in ca&s;e we had no i&s;&s;ue, then to the Heirs general&punc; of the &s;aid <HI>Stepkins,</HI> or &s;uch as he the &s;aid <HI>Stepkins</HI> &s;hould limit and appoint.</P>
<P>To which I returned as &s;hort an an&s;wer, and told him, I would im|mediately perform his demand. Whereupon I did di&s;po&s;ite 1000 l. in mony, and 1200l in Jewels, and all the afore&s;aid agreements and Settlements were Indented in Parchment, and legally executed accor|dingly (as may appear from the Deeds them&s;elves, proved by two Te|&s;timonies in Chancery, to which I refer my &s;elf.)</P>
<P>I make no mention what Pre&s;ents, nor of what value they were, (though con&s;iderable) I &s;ent her before Marriage, (becau&s;e they were purely Gifts) but the other upon the mo&s;t real and highe&s;t con|&s;ideration of Marriage.</P>
<P>I &s;uppo&s;e its already evident, that had I now found the affection which I promi&s;ed my &s;elf, it might be very well &s;aid to be rather pur|cha&s;ed than gained; for although there was 240l. <HI>per ann.</HI> &s;etled upon the Con&s;iderations afore&s;aid, yet was it a dear bargain unto me, only for my Life, to lay down for it 2200 l. Neither was I to enjoy this untill the &s;aid <HI>Stepkins</HI> &s;hould decea&s;e; which (if the contingencie of his Death, and the Intere&s;t of the Money had been con&s;idered) twas more than ten years purcha&s;e, for one life.</P>
<P>Neverthele&s;s, had there been a Return but of common Gratitude,
<PB N="4" REF="4">
(much le&s;s of a conjugal Affection) I &s;hould &s;carcely have entertained a Thought of Penitency for &s;o large a Joynter, which I had &s;et|led.</P>
<P>But certainly the Anger of the Lord began now to be kindled again&s;t us, and whether 'twas for her &s;ins as well as mine own, and particu|larly for being in&s;trumental to the Di&s;heriting of the elde&s;t Son and Heir of the &s;aid <HI>Stepkins</HI> (who never had demerited it in the lea&s;t mea|&s;ure from the Father) I know not, the Lord di&s;cover it unto us both in his due time: But certain it is, that &s;he could not long continue her|&s;elf from di&s;covering, that 'twas rather my <HI>Fortune</HI> than my <HI>Per&s;on,</HI> which &s;he had wedded; rather embracing Advantages of expre&s;&s;ing Kindne&s;s to others, than her Husband.</P>
<P>Notwith&s;tanding many of the&s;e inconveniences did I pa&s;s over (though 'twas very grievous to be thus u&s;ed &s;o &s;oon after our Marri|age, within le&s;s than &s;ix months, and &s;till per&s;evere (if with Pru|dence I may &s;peak it) with more than u&s;ual fondne&s;s) &s;he could no &s;ooner propo&s;e any thing, which my Pur&s;e or Indu&s;try could procure, but 'twas immediately provided; nothing which might be either for Nece&s;&s;ity or Ornament (though never &s;o co&s;tly) but &s;he had it, though I borrowed money to provide it.</P>
<P>I could here tell your Highne&s;s in what Plenty I maintained her, with what &s;ums of Money in her Pur&s;e, with her Coach and Hor&s;es, Sadle-Hor&s;es, and rich Furniture, rich Cloathes, Beds, Linnen, &amp;c. but that I &s;hould di&s;cover too much of my Folly in it, as well as her Unworthine&s;s.</P>
<P>But I am confident, (and tis proved by &s;ufficient Witne&s;&s;es in Chan|cery) that in eighteen months after our Marriage, &s;he had &s;pent for her Accommodations above 3000 l. whereof 600 l. was in Apparel only, 500 l. in ready money.</P>
<P>But all this could not prevail, the Multiplicity of Curte&s;ies and Endearments towards her on my part, was but the encrea&s;ing of her frowns and &s;lightings towards me; and being un&s;atisfied with what I voluntarily be&s;towed upon her, &s;he took all opportunity (in my ab|&s;ence from home) to imbezele what goods &s;oever &s;he could come at; and at one time (when I was at the Court of Aldermen) &s;he took from my Hou&s;e 300 pounds at lea&s;t of rich <HI>Ea&s;t India</HI> Stuffs, and Plate.</P>
<P>The Company &s;he re&s;orted unto (were no le&s;s offen&s;ive unto me than her actions) being either Per&s;ons of very low Condition, or De|&s;perate Fortune, who&s;e Nece&s;&s;ities and Debaucheries &s;till prompted her to further Inconveniences.</P>
<P><PB N="5" REF="4">It being now evident unto me, and all our Acquaintance be&s;ides, That a &s;udden Ruine could not but be near to our E&s;tates, and unhap|pine&s;s to our Per&s;ons, I entered upon a &s;erious Re&s;olution to with|draw for a while to my Country hou&s;e at <HI>Malmsburby</HI> in <HI>Wilt&s;hire,</HI> and per&s;waded my Wife to a complyance herein; This I did, that I might pay tho&s;e Debts, which I had contracted by her means, and take her from the Occa&s;ions and the Per&s;ons which had enticed her to &s;uch pernicious cour&s;es.</P>
<P>But they (finding if their <HI>Diana</HI> &s;hould leave <HI>London,</HI> the &s;ilver &s;hrine would be al&s;o removed) were too too prevalent with her to retard her Journey; Nay in conclu&s;ion &s;he ab&s;olutely refu&s;ed to goe with me.</P>
<P>Notwith&s;tanding I did not forbear all the Arguments, which either Prudence or Nece&s;&s;ity could dictate: And that I might not neglect any Motive, which I thought might conduce to this end, I gave 100 l. to two of her Familiar acquaintance (whom I thought mo&s;t prevalent with her) to per&s;wade her to accompany me into the Country.</P>
<P>But no Charms of Per&s;wa&s;ions had any Influence, nor Rea&s;on (though very urgent and manife&s;t) but was &s;lighted.</P>
<P>Neverthele&s;s before I went out of Town, I writ this Paper, and left it with her.</P>
<LETTER>
<OPENER><SALUTE>Sweet-heart,</SALUTE></OPENER>
<P>THe Rea&s;ons where&s;ore I am at pre&s;ent forced to leave <HI>London,</HI> is in regard of the following particulars.</P>
<P>1. Becau&s;e my Hou&s;e, Family, Goods and E&s;tate in the Country goeth much to Ruine, for want of my Pre&s;ence.</P>
<P>2. Becau&s;e my Engagements in <HI>London</HI> are great, <HI>viz.</HI> 1146l.</P>
<P>3. Becau&s;e of the&s;e great Engagements, my Credit, which hath been of value, (but now through &s;ome Di&s;paragements and evil practices,) is lo&s;t in <HI>London,</HI> that I cannot borrow any more money to &s;upply yours and my pre&s;ent wants: And now, when I thought all things had been forgotten, I heard abroad by my Friends; that by certain Warrants i&s;&s;ued out by the States for your &s;elf, and others to ap|pear before them, that I am a&s;hamed to walk <HI>London</HI> &s;treets; and I much fear, that if I continue in <HI>London,</HI> you will in &s;hort time both ruine your &s;elf and me.</P>
<P>4. You are &s;o tran&s;ported by the Per&s;wa&s;ions, and practices of your Aunt and Others, that I, nor no Friend of yours, can intreat you to leave their Company and evil coun&s;el, which daily breeds Debates and Strifes between us, Notwith|&s;tanding, they have been by their ill Coun&s;el and evil Actions, the chief Occa&s;ion of all, which hath brought us to this &s;ad Condition and Shame that we are now in:
<PB N="6" REF="5">
So that I may now &s;ay with <HI>Job, I had once Riches, but they are now wa|&s;ted,</HI> and <HI>once&punc; I had a Wife, but now &s;he will be no longer mine.</HI></P>
<P>5. I have no employment nor Calling in <HI>London;</HI> which di&s;gracefull and unquiet life, is hatefull unto me, and mo&s;t di&s;advantagious; for I find not this Town good for my health, (by rea&s;on of my continual trouble) my expences are in|&s;upportable: And I prote&s;t before the great God of Heaven, my only Joy and Comfort &s;hould have been, and &s;hall be (if I can any way find your Affections reciprocal, and your Compliance equal) to &s;upport your Honour and Fortune be|yond my Own: But if we continue in <HI>London,</HI> I find all will be quickly con|founded and de&s;troyed.</P>
<P>Therefore, Dear Heart, take the premi&s;&s;es into good, religious, and &s;erious con|&s;ideration, and go with me unto our habitation in the Countrie, by which means, all things that are pa&s;t, will be forgotten, whereby we &s;hall be both happy; for my intents are onely and really to make you a happy Woman: For I prote&s;t before God, when you come into the Country, I &s;hall render my &s;elf and Estate to your Di&s;po&s;ure, to come and go when and where you plea&s;e, which &s;hall be faithfully and lovingly performed by me, but if not, be plea&s;ed to take this as a &s;ad Farewel, from thy</P>
<CLOSER><SIGNED>Mo&s;t affectioned Husband, Thomas Ivie.</SIGNED>
<DATELINE>London <DATE>17 March 1650.</DATE></DATELINE></CLOSER>
</LETTER>
<P>And immediately after my Arrival at <HI>Malmsbury,</HI> as &s;oon as I had accommodated my hou&s;e; I &s;ent her this Letter.</P>
<LETTER>
<OPENER><SALUTE>Mo&s;t dear Heart,</SALUTE></OPENER>
<P>YOu cannot but be &s;en&s;ible of my &s;ad condition and nece&s;sity at <HI>London,</HI> by rea&s;on of my Di&s;contents and great &s;ummes of money which I doe owe, and have not wherewithall to &s;atisfie my Creditors, for had I &s;tayed longer, I mu&s;t of nece&s;sity have been carryed to Pri&s;on, or at lea&s;t to my Grave; For I was &s;o much troubled and griev'd in mind at your unkindne&s;s, and want of money, that I thought my heart would have broken, which &s;o tran&s;ported me, that I knew not what I did, when I left you: Yet notwith&s;tanding your unkindne&s;s to me (if you can borrow 30 l. of any Friend of ours to &s;upply your pre&s;ent occa&s;ions) I will &s;ee it &s;atisfied; if not, I &s;hall willingly con&s;ent, that you pawn &s;ome of your Jewels for &s;o much money; and when the <HI>India</HI> &s;hips come home (God willing) I &s;hall redeem them for you again; and when I have paid my Debts, you &s;hall command me and my E&s;tate, which &s;hall be at your di&s;po&s;ure. I &s;hould rejoyce to &s;ee you and my Father <HI>Stepkins</HI> here; Therefore, Dear Heart, When you have a mind to come unto me, advi&s;e me, and I &s;hall wait upon you, to bring you down; And when you are weary of my Company and Entertainment in the
<PB N="7" REF="5">
Country, (where my &s;elf, and all that I have, &s;hall be at your Di&s;po&s;ure) I &s;hall (when you plea&s;e&punc;) return again with you to <HI>London,</HI> and ever re|main</P>
<CLOSER><SIGNED>Your mo&s;t affectioned Husband, Thomas Ivie.</SIGNED> <DATELINE>Malmsbury <DATE>24 March, 1650.</DATE></DATELINE></CLOSER>
</LETTER>
<P>In&s;tead of a Complying an&s;wer, which I expected (for We can|not ea&s;ily de&s;pair of Things We pa&s;&s;ionately de&s;ire) I received this Summons from the Lords Commi&s;&s;ioners of the Great Seal, to ap|pear before them.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="summons">
<P>WHereas <HI>Theodo&s;ia</HI> your Wife hath on this pre&s;ent day preferr'd her humble Petition unto us the Lords Commi&s;sioners of the Great Seal of <HI>England,</HI> Thereby praying Allowance of Alimony, as by her &s;aid Petition remaining with us doth appear, We do at her in&s;tance give you Notice thereof, Requiring you hereby to make your per&s;onal appea|rance before Vs, on the thirtieth day of this In&s;tant, to &s;peak with Vs a|bout the &s;ame.</P>
<CLOSER><SIGNED>Richard Keeble,</SIGNED>
<SIGNED>John Li&s;le.</SIGNED> <DATELINE>Middle Temple <DATE>the 11 day of April, 1651.</DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Immediately, (laying a&s;ide all my Bu&s;ine&s;s) as fa&s;t as Pa&s;&s;ions and Spurs could quicken, I repaired to the Chancery, where I found (to my great a&s;toni&s;hent) this fal&s;e and &s;candalous Libel, under the Title of a Petition for <HI>Alimony</HI> preferr'd again&s;t me.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="petition">
<HEAD>The humble Petition of <HI>Theodo&s;ia Ivie,</HI> Plaintiff, Wife of <HI>Thomas Ivie,</HI> Defendant.</HEAD>
<P>THat She being the Daughter of <HI>John Stepkins</HI> <ABBR>E&s;q</ABBR> and married to the De|fendant, who hath (without any cau&s;e given him) not only de&s;erted her Com|pany, but left her destitute of all manner of Means for her Livelihood and Sub|&s;i&s;tence; And that during the time &s;he cohabited with him, &s;he hath not only been in great Danger of her Life, by bis Cruel V&s;ages, and unju&s;t contrivances, but by &s;ome means occa&s;ioned by the Defendant, &s;he hath been very Weak and In|firm; And hath received from him &s;uch Infirmities, (not becomming a Hu&s;|band to conferr on his Wife;) And that by rea&s;on of his &s;aid cruelties, and the peril of receiving from him Di&s;ea&s;es of Dangerous con&s;equence, &s;he could not co|habite with him as his Wife, without eminent peril of her Life; And the Defen|dant was not only departed from her, but utterly denied to allow her any conve|nient
<PB N="8" REF="6">
Support; And that for meer nece&s;sity &s;he had contracted &s;ome &s;mall debts; And therefore &s;he prayed the &s;peedy Aid of the Court; And that They would &s;ummon the Defendant before Them, that upon hearing her ju&s;t complaints, &s;he might be relieved, and have &s;uch fitting Allowance by way of <HI>Alimony</HI> granted to her, as to the Court &s;hould &s;eem meet; And that for the pre&s;ent, &s;he may have &s;ome convenient Allowance for Expences in this Sute, &s;he being otherwi&s;e unable to proceed therein.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>To which (having &s;ought <HI>Patience</HI> from above) I returned this an|&s;wer.</P>
<P>That 'tis true, he Married the Plaintiff, and hath ever &s;ince u&s;ed her with the Re&s;pects of an affectionate Husband to a loving Wife, and neither hath, nor did intend to de&s;ert her&punc; Company, but much de|&s;ires it, if he may find re&s;pectfull carriage from her; and is &s;o far from leaving her de&s;titute of all means, that &s;ince his Marriage, which was not then above eighteen Moneths, he had furni&s;hed her with Jewels and Pearl, to the value of 1200 l. be&s;ides Apparel, which co&s;t him a|bove 200 l. All which Pearl and Jewels &s;he had in her Po&s;&s;e&s;&s;ion in <HI>March</HI> then la&s;t pa&s;t, when the Defendant went to his dwelling-hou&s;e in <HI>Wilt&s;hire,</HI> at which time, he not only &s;ollicited her to go and dwell with him, but promi&s;ed her (upon the Enjoyment of her in the Coun|try) to re&s;ign both him&s;elf and his E&s;tate to her Commands and Di&s;|po&s;all.</P>
<P>That he hath likewi&s;e paid her Father 1000 l. for which he &s;hould have &s;etled upon the Defendant &s;ome E&s;tate of Inheritance for her Portion, which is all the <HI>Fortune</HI> he ever expected with her, whereof he hath not received the value of one penny.</P>
<P>That he allowed her for Clothes money, and otherwife for her u&s;e, above 800 l. And during the time he hath lived with her, he hath &s;pent in Hou&s;hold&s;tuff, Hou&s;e-rent, and Hou&s;e-keeping, 2870 l. &s;o that in eighteen Months, he hath &s;pent with her 6000 l. And this he men|tions not, as if he repented of his Kindne&s;s to her, but to evidence to their Lord&s;hips that there is no ju&s;t cau&s;e of Complaint again&s;t him, for not allowing her Maintenance.</P>
<P>That he never acted any thing of Danger or Cruelty, or that might occa&s;ion any infirmity to her; nor was there ever any Di&s;agreement, or any Cau&s;e why &s;he &s;hould &s;eparate from him; But her de&s;ire was to live in <HI>London,</HI> a place neither agreeable to the Defendants health, or E&s;tate; He having already (by rea&s;on thereof) contracted many. Debts: And confe&s;&s;eth, that having (by con&s;ent of her Father and her
<PB N="9" REF="6">
&s;elf) bought an E&s;tate in <HI>Wilt&s;hire,</HI> &s;ituate in a healthfull air, and a place of much conveniency, delight and profit, He hath many times by Letters, in Per&s;on, and by Friends, earne&s;tly de&s;ired her to live with him at his &s;aid hou&s;e in the Country, where &s;he &s;hall want for nothing in his power, for her u&s;e and conveniency, and care &s;hall be taken for her accommodation for her Journey, wherein he hopes yet to prevail, that they may mutually enjoy the Comfort of each other, which he much thir&s;teth after, and is not a little grieved there &s;hould be any Que&s;tion of it.</P>
<P>That he took &s;uch Order (pre&s;ently after his going into the Coun|try) whereby the Plaintiff was &s;upplyed with monies for her pre&s;ent occa&s;ions, and pre&s;umes the foul &s;candals &s;ugge&s;ted in the Petition, are well known to the Plaintiff to have &s;o little colour of Truth in them, as he hopes the &s;ame were put into the Petition, as words of Cour&s;e, rather than by her Direction: And he utterly denies the &s;ame; and therefore he hopes, he &s;hall not be ordered to make Allowance to the Petitioner, (as in the Petition) &s;he demands.</P>
<P>Could ever any Man &s;u&s;pect to be thus dealt withall by a Woman, that had plighted her faith in Marriage to one, who had &s;etled &s;o great a Joynture, given her &s;o many Gifts, &s;o much Money, Jewels, and all other accommodations what&s;oever in the greate&s;t Plenty, for the Con&s;ideration of Nothing? Certainly among&s;t the <HI>Indians</HI> them&s;elvs have I not &s;een &s;o great perfidiou&s;ne&s;s.</P>
<P>Now had I ju&s;t Rea&s;on to &s;u&s;pect, 'twas not only the malicious Coun&s;els of her wicked Abettors, was the cau&s;e of her inhumanity towards me; but that &s;he had in her own Bre&s;t a Principle of Enmi|ry and di&s;&s;atisfaction, even to the Relation of being my Wife.</P>
<P>Nay &s;eeing the <HI>Scene</HI> appears, tis too ea&s;ie to under&s;tand what Plot is laid and concluded; If &s;he can &s;urvive me (which &s;he thinks very probable) and hath no i&s;&s;ue of our two bodies (which &s;he is re|&s;olved never to have) by keeping her &s;elf from me, Then will &s;he be a <HI>Fortune</HI> indeed, and her Widdowhood be worth its weight in Gold. And if in the mean time (during my life) &s;he can have from the Lords Commi&s;&s;ioners (by way of <HI>Alimony</HI>) 300 <HI>per annum,</HI> &s;he will think her &s;elf in a better condition, than her father, who had but 240 l. <HI>per annum,</HI> both for him&s;elf and his whole Family: And to pro&s;ecute the Sute, &s;he hath 1200l. worth of Jewels already, and 500l. in ready Ca&s;h advanced, and her Husband much in debt, &s;o that peradven|ture &s;he may out&s;pend him al&s;o even at Law.</P>
<P>But to obtain this glorious de&s;ign, many difficulties are to be pa&s;s'd
<PB N="10" REF="7">
through; And though &s;he her&s;elf hath re&s;olved to calumniate ve|hemently (pre&s;uming that &s;omewhat will gain a Belief among&s;t ma|ny) yet will not this be enough; and therefore, <HI>Witne&s;&s;es</HI> mu&s;t be pre|pared of as large <HI>Con&s;ciences</HI> as <HI>Foreheads:</HI> And for their better encou|ragement, They &s;hall participate in the Gain and Advantage: Wel|come Expre&s;&s;ions and Opportunities to &s;uch Per&s;ons, who&s;e defamed Lives, and nece&s;&s;itous Fortunes, rendred them, neither in a Capacity to live, or conver&s;e with People of any Hone&s;ty or Reputation.</P>
<P>As for her part, her &s;ugge&s;tions and in&s;inuations were high indeed; much fear &s;he pretended (for had it been more than a Pretence, all had been accompli&s;hed, and my life lo&s;t) le&s;t &s;he &s;hould participate of the Sins and Puni&s;hments of <HI>Sodom</HI> and <HI>Gomorrah:</HI> And as for her body &s;he dur&s;t not tru&s;t that with me le&s;t (at any time being Moro&s;e and Cholerick) I &s;hould injure her by Blows; or if kind, I &s;hould in|fect her with unclean di&s;ea&s;es.</P>
<P>To enforce the&s;e Motives upon the Minds of all People, who now took notice of the&s;e di&s;tractions, Never was there a more ex|qui&s;ite Vizard of Mode&s;ty put on by a Woman: Never were Expre&s;&s;i|ons of Religion more di&s;torted to an ill end; no Projects and Practices of Ob&s;cenity and Murder it &s;elf, were wanting to colour the&s;e mali|cious devices again&s;t me; Nay, &s;o gro&s;&s;ely infatuated was &s;he in her &s;candall, that &s;he repre&s;ented my per&s;on to be more like to a <HI>Mon|&s;ters</HI> than a <HI>Mans.</HI></P>
<P>Her Abettors are not wanting in acting their parts al&s;o; What &s;he in&s;inuated they converted into clamours; neither &s;tuck to depo&s;e any thing, what po&s;&s;ibly could be believ'd to be &s;worn by them, without any apparent contradiction.</P>
<P>Having thus prepo&s;&s;e&s;&s;ed the Ears of as many Per&s;ons of Quality as &s;he could, and framed a Harmony of Te&s;timonies (as well as of Wit|ne&s;&s;es) with as much Art and Cunning, as her own Wit, or her A|bettors, (or the matter it &s;elf could &s;upply) &s;he took out with much eagerne&s;&s;e a Commi&s;&s;ion out of the Court, to make what proof &s;he could of her Petition.</P>
<P>Notwith&s;tanding this further provocation al&s;o, my Lips were lock'd up with &s;ilence, as well as my Heart with &s;orrow, not reta|liating Evil for Evil in the lea&s;t mea&s;ure; or &s;o much as intimating unto her, of her fir&s;t Follies (which if they were publi&s;hed by me) might have rai&s;ed a great Cloud upon her Reputation: Neither was I con|tent to be totally Pa&s;&s;ive of what injuries had pa&s;&s;ed, but was re&s;ol|ved not to leave any means unattempted to reclaim her from the&s;e extravagancies.</P>
<P><PB N="11" REF="7">And thereupon went unto her in Per&s;on, with Mr. <HI>E&s;cot,</HI> Serjeant <HI>Middleton,</HI> and Mr. <HI>Booth,</HI> at Mr. <HI>Zancheys</HI> hou&s;e (he him&s;elf being pre&s;ent) and with as much Rhetorick as my real affection to her could dictate did pa&s;&s;ionately move her to a Reconciliation&punc; &s;hewing what Scandal and di&s;honour would follow &s;uch differences, and promi&s;ing withal, a perfect Oblivion of what&s;oever had been acted again&s;t me; And to fortifie my arguments the better, I de&s;ired all tho&s;e Gentlemen there pre&s;ent, to do the office of Chri&s;tian Moderators, and to endea|vour to &s;top the Breaches between us, which were too wide already.</P>
<P>Neverthele&s;&s;e, by how much the more weight &s;he perceived in our Rea&s;ons, the more ob&s;tinacy &s;he di&s;covered in her returns, utterly rejecting any agreement, upon what terms &s;oever.</P>
<P>Hereupon &s;u&s;pecting in her the apparent Symptoms of a &s;ear'd Con&s;cience; and how that by my &s;ilence, the World began to infer a main Guilt of tho&s;e A&s;per&s;ions which had been divulged again&s;t me, Upon the &s;erious advice of my Coun&s;el (though I cannot but acknowledge a very great Reluctancy thereunto) I was per&s;waded to examine Witne&s;&s;es al&s;o, both to vindicate my own integrity, and to di&s;cover unto the world the Grand Cheat that was contrived to gain my E&s;tate (which could no otherwi&s;e be accompli&s;hed) without defaming my Per&s;on (and if it were po&s;&s;ible) to take away my life al&s;o: which &s;hall evidently appear anon.</P>
<P>But before I &s;hall give an Account of the proofs which were made on my behalf, I &s;hall according to her own forwardne&s;&s;e and Method give your Highne&s;s a &s;hort view, what was atte&s;ted for her.</P>
<P>One &s;wore, That he &s;aw me &s;quieze her (at eleven a clock) one night, as She was going down &s;tairs.</P>
<P>Another that &s;he heard my Wife complain of ill u&s;age (but though &s;he lived in hou&s;e with us) never heard me give an ill word to her.</P>
<P>Another heard her cry out, Help, Help, Murder, Murder; and &s;aw me take her by the Throat: Though I refer my &s;elf to my <HI>Affidavit</HI> on Oath, yet when I &s;hall manife&s;t it, (That this Woman who &s;wore this, was brought in that very night, and next morning con|veyed away) I &s;uppo&s;e 'twill be no difficult thing to per&s;wade any one to believe, that this Creature was brought in on purpo&s;e to be a Witne&s;&s;e again&s;t me.</P>
<P>The Woman that &s;wore this was brought in that very night, on pur|po&s;e to be a Witne&s;&s;e, and the next morning went away again.</P>
<P>One <HI>Mea&s;ter</HI> (a pretended <HI>French Phy&s;ician</HI>) &s;wore that &s;he was ill; and that there was a &s;u&s;pition of Poy&s;on: but this was five moneths
<PB N="12" REF="8">
after &s;he left me; and was commonly reported to have the Pox, (which being a Venemous Di&s;ea&s;e) the <HI>Frenchman</HI> might &s;afely &s;wear (with a mental Re&s;ervation, the frequent Practice of his Countrey|men) there was a &s;u&s;pition of Poy&s;on.</P>
<P>This is the &s;ub&s;tance of what was &s;worn again&s;t Me, (and &s;hould I name the Per&s;ons of the Witne&s;&s;es) they were more mean than their Te&s;timonies; The Chief of them was her <HI>Aunt</HI> Mi&s;tre&s;s <HI>William&s;on;</HI> of whom I &s;hall &s;ay no other, but that her <HI>Way</HI> and <HI>Living</HI> is after the rate of 300, or 400l. <HI>per annum,</HI> though it be well known, That neither her Husband, nor her &s;elf, have any <HI>Profe&s;sion</HI> to live by, or any vi&s;ible E&s;tate, nor worth a Penny; but are &s;o nearly poor, That he or &s;he dares not appear in publique, le&s;t they be carried away by <HI>Bailiffs</HI> for the Multitude of Debts he owes.</P>
<P>This is that ungodly Wretch, who too vi&s;ibly hath been the Ruine, both of my &s;elf and Wife, as will appear from the Depo&s;itions them|&s;elves.</P>
<P>One <HI>Per&s;on</HI> there was produced on her behalf (who&s;e Name hath a Reputation in the World, <HI>viz.</HI> Sir <HI>John Bramp&s;ton;</HI>) yet all that he can depo&s;e for Her, is nothing which is material, but that he never knew her defam'd, but in this Bu&s;ines, and that &s;he was bred up among&s;t his Children; and that he often endeavour'd a Reconciliation between us: Whether he did it, or no, I cannot affirm, but when I was told by him lately, and never heretofore, That he had a <HI>Pre-Morgage</HI> of the E|&s;tate of 240 l. <HI>per annum</HI> (made unto him by <HI>Stepkins</HI>) which was &s;etled on Me for the Con&s;ideration afore&s;aid, I hope, that I &s;hall not be con|demn'd, as too jealous without a Ground, That he is fi&s;hing for his own Intere&s;t in our troubled waters.</P>
<P>Were there ought el&s;e con&s;iderable depo&s;ed again&s;t me, I &s;hould deal &s;o ingenuou&s;ly as to relate it, being very confident, that at the hearing of my Cau&s;e before any in Authority, there will not be wan|ting <HI>Agents</HI> enough for her, to lay open the wor&s;t again&s;t me.</P>
<P>One thing therefore more (and that which they think mo&s;t con&s;ide|rable again&s;t me, not in order to ju&s;tifie her Complaint, but to take off a Belie&s;, from what &s;he knew I could prove again&s;t her and her &s;aid Aunt <HI>William&s;on</HI>) was briefly this, That I endeavour'd to &s;uborn one <HI>Hold&s;worth</HI> (a poor fellow about the Town) to &s;wear point blanck&punc; That my Wife was a Whore, and her <HI>Aunt William&s;on</HI> a Bawd.</P>
<P>That I may be impartial in this <HI>Narration,</HI> I &s;hall cite the very words them&s;elves of this Depo&s;ition, which are the&s;e.</P>
<P>That in <HI>April</HI> and <HI>May</HI> was: twelve-moneth, He (<HI>viz.</HI> this Deponent)
<PB N="13" REF="8">
came to the Defendant, (<HI>viz.</HI> to my &s;elf) for Money for one <HI>Nicholas;</HI> and the Defendant &s;aid, He could prove Mi&s;tre&s;s <HI>William&s;on</HI> a Bawd, and would have had him &s;worn it; and offered the Deponent money to &s;wear the Plaintiff (meaning Mrs. <HI>Ivie</HI>) was a Whore.</P>
<P>That he had made the Commi&s;&s;ioners for him; and &s;aid, That <HI>Step|kins</HI> and all his <HI>Family</HI> were <HI>Ba&s;e People,</HI> and often offered him money to &s;wear; and &s;aid, he had two Witne&s;&s;es more, if he would make up the third.</P>
<P>How much Indi&s;cretion, as well as Fal&s;hood, was in this Deponent, and both in them, who imployed this inferiour Per&s;on, and who too probably practiz'd that infamous <HI>Act</HI> of Creating Knights of the Po&s;t (which &s;eems to appear, even from the Oath it &s;elf) For certainly, had I been provided with two Witne&s;&s;es (as he &s;aid I told him) which Number the Law admits even in the highe&s;t Ca&s;es) it had not only been an impertinent lo&s;ing of my Money, but my Hone&s;ty al&s;o, to no purpo&s;e: Be&s;ides there are &s;car&s;e any &s;o ignorant, but under&s;tand how difficult a thing it is to prove even a Whore, a Whore.</P>
<P>'Twas again&s;t the Advice of my Coun&s;el, and my own Inclination al&s;o, to examine any VVitne&s;s of &s;o mean a Quality in &s;uch Differen|ces, (as the&s;e are between my &s;elf and my VVife) le&s;t the contemp|tiblene&s;s of the Evidence, might derogate from the Truth of the thing: Mo&s;t of tho&s;e (whom I produced to give Te&s;timony on my be|half) were per&s;ons of fair E&s;tates, many hundreds <HI>per annum,</HI> and &s;uch, who for many years pa&s;t, have been Ju&s;tices of the Peace in their Country, <HI>&amp;c.</HI> But more (of this <HI>Nature</HI>) I omit: For (without Doubt) <HI>Poverty</HI> &amp; <HI>Hone&s;ty</HI> are not incon&s;i&s;tent: The mo&s;t precious Saints of God, are more frequently found cloath'd with Raggs, than in a Kings hou&s;e: <HI>Job</HI> him&s;elf was more acceptable to the Lord on the Dunghill, than in his co&s;tly Palaces: But withall there mu&s;t be a Poverty in Spirit, as well as in E&s;tate; otherwi&s;e, they will forfeit both their <HI>Religion</HI> to <HI>God,</HI> &amp; their <HI>Credit</HI> among&s;t <HI>Men:</HI> For certainly a poor Man (being notori|ou&s;ly vicious and &s;candalous) is to be reputed rather a <HI>Vermin</HI> in <HI>Na|ture,</HI> than a Member of <HI>Chri&s;tian Society,</HI> who&s;e Te&s;timonies &s;tink in their own No&s;trils, and their Memory &s;hall peri&s;h with them.</P>
<P>That your Highne&s;s may the more knowingly judge and determine, both of this and other Proofs again&s;t me, I humbly begg leave to lay before your Highne&s;s the Manife&s;tation of my An&s;wer which I retur|ned to my Wifes Petition, and what Evidences I produced to the clee|ring of it.</P>
<P>1. To the fir&s;t Charge in the Petition; That I left her de&s;titute of all manner of Livelihood and Sub&s;i&s;tence.</P>
<P><PB N="14" REF="9"><HI>'Twas Depo&s;ed,</HI></P>
<P>(Be&s;ides her having of 1200l. worth of Jewels in her Cu&s;tody) That I maintained her with meat, drink, and cloaths, and all Conveniences in a very plentiful high way, <HI>l. A. fol. 19. f. 40, 47. l. 3. f.</HI> 3, 4, 49.</P>
<P>That &s;he had the Di&s;po&s;al of all things in his hou&s;e, <HI>f.</HI> 7.</P>
<P>That he &s;pent Twenty &s;hillings a day in meat, be&s;ides Spice, Sugar, Wine, Beer, <HI>&amp;c. fol. 8. f.</HI> 55, 56, 57.</P>
<P>That he importun'd her to go live with him into <HI>Wilt&s;hire, l. A. f. 4. l. 13. f.</HI> 9, 10, 11.</P>
<P>That &s;he was richly cloathed, <HI>fol.</HI> 60. Had a Coach and Hor&s;e for her u&s;e. <HI>f.</HI> 67. Be&s;ides a Coach, he provided for her Journey a &s;ingle hor&s;e, worth 45 l. <HI>f.</HI> 68. and a Riding Suit worth 40 l. and hor&s;e fur|niture, worth 40l. more. <HI>l. B. f.</HI> 68.</P>
<P>That &s;he ab&s;olutely refu&s;ed to keep me Company into the Country, but would rather &s;tay with her Aunt <HI>William&s;on, l. C. fol.</HI> 13.</P>
<P>That I gave 100 l. to Serjeant <HI>Middleton,</HI> the Serjeant to the Lords Commi&s;&s;ioners, and Mr. <HI>Pauncefoot,</HI> a Clerk to &s;everal Committees, to per&s;wade her to go with me, <HI>l. A. f.</HI> 8.</P>
<P>That &s;he refu&s;ed notwit&s;tanding, <HI>l. A. f. C.</HI></P>
<P>And for her Reception, I immediately declared in my an&s;wer, my Willingne&s;s to receive her, and cohabite with her, and provide her all nece&s;&s;aries, and conveniences what&s;oever.</P>
<P>To the Objection which follows in the Petition, That my U&s;age was Cruel.</P>
<P><HI>'Twas depo&s;ed,</HI></P>
<P>That I ever expre&s;&s;ed much Love towards her, and was an Indulgent Husband, <HI>l. A. f. 18. 39. fol. 2. l. B. f. 3. f. 48. l. C. f.</HI> 10, 12, 19.</P>
<P>That I ever &s;hewed a Willingne&s;s to plea&s;ure her in any thing, <HI>l. B. f.</HI> 63.</P>
<P>That the &s;queezing her by the arms, was but the holding of her, when &s;he attempted to run from me, intreating her with all fair words to &s;tay, <HI>l. B. f.</HI> 82.</P>
<P>To the third Charge, That I had given her foul Di&s;ea&s;es, (meaning the <HI>Pox</HI>) 'twas not only Depo&s;ed, that I was then free, but upon the Search of my Body, (which I voluntarily did de&s;ire might be done by able and hone&s;t Phy&s;icians) but there was not the lea&s;t Sign or Sym|ptome, that I ever had that fowl Di&s;ea&s;e. <HI>l. B. f. 35, 36. l. C. f.</HI> 4. And at that time that this was reported, &s;he her &s;elf was free from it, <HI>l. B. f.</HI> 37.</P>
<P>And for my further Vindication herein, I be&s;eech your Highne&s;s to
<PB N="15" REF="9">
read, but the&s;e two Certificates under Oath of three eminent Do|ctors, and one Chirurgion; the Pre&s;ident of the College of <HI>London,</HI> Dr. <HI>Pruiean,</HI> Dr. <HI>Wedderburn,</HI> Dr. <HI>Nur&s;e,</HI> and Mr. <HI>Boon.</HI></P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="clean bill of health">
<P>WE who&s;e names are hereunto &s;ub&s;cribed, do certifie, That <HI>Thomas Ivie</HI> E&s;quire (upon a &s;caudalous Petition exhibited again&s;t him by <HI>Theodo&s;ia</HI> his wife) that he had infected her With that foul Di&s;ea&s;e of the Pox (as the &s;aid Mr. <HI>Ivie</HI> informed Vs) did de&s;ire Vs, and voluntarily offer him&s;elf to be &s;earched by Vs concerning the &s;ame. Whereupon, upon &s;earch, and view, had of his na|ked body; We find, That Mr. <HI>Ivie</HI> is not only free from the &s;aid di&s;ea&s;e, but &s;o free from it, that we cannot perceive, that he was ever tainted therewith: Witne&s;&s;e our hands.</P>
<CLOSER><SIGNED>Francis Pruiean <HI>Pre&s;ident of the Coll. of Phy&s;icians in</HI> London.</SIGNED>
<SIGNED>Thomas Nur&s;e <HI>M. D.</HI></SIGNED>
<SIGNED>Hen. Boon <HI>Chirurgion.</HI></SIGNED>
<DATELINE>London <DATE>30 May, 1651.</DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="clean bill of health">
<P>WE who&s;e names are hereunto &s;ub&s;cribed, do certifie, That about the moneth of <HI>June</HI> la&s;t 1650. Vpon the &s;candalous report publi&s;hed of <HI>Tho|mas Ivie</HI> <ABBR>E&s;q</ABBR> who lately before had married <HI>Theodo&s;ia,</HI> Daughter of <HI>Iohn Stepkins</HI> <ABBR>E&s;q</ABBR>, that he had the foul Di&s;ea&s;e of the Pox, and had given it un|to his Wife, That at the reque&s;t of the &s;aid Mr. <HI>Ivie,</HI> by Examinations and An&s;wers given by him, and others having intere&s;t, we did find that the &s;aid Mr. <HI>Ivie</HI> was clear of the &s;ame Di&s;ea&s;e, and had no Symptom or Token thereof: Al&s;o we (upon examination of the &s;aid Mr. <HI>Ivie</HI>) did find him to be clear of the &s;aid Di&s;ea&s;e at that time, Witne&s;s our hands.</P>
<CLOSER><DATELINE>London <DATE>30 May, 1651.</DATE></DATELINE>
<SIGNED>Thomas Nur&s;e <HI>M. D.</HI></SIGNED>
<SIGNED>Jo. Wedderburne <HI>M. D.</HI></SIGNED>
<SIGNED>Hen. Boon <HI>Chirurgion.</HI></SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Be&s;ides all this (that there might be nothing wanting to make out the Integrity of my Soul, and the Cleerne&s;&s;e of my Con&s;cience, before all the World) I did voluntarily (for the Court compels none in the&s;e Ca&s;es to return an an&s;wer upon Oath) make this Affidavit before a ma&s;ter in Chancery, and at the next opportunity of participating of the Sacrament, immediately before I touch'd tho&s;e &s;acred Elements, did declare and avouch the Oath, which I had taken, to be unfeig|nedly true, without any Equivocation, or mental Re&s;ervation what|&s;oever; and did thereupon print and publi&s;h it to the World, as fol|loweth.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="affidavit">
<PB N="16" REF="10">
<HEAD>Thomas Ivie <HI>of</HI> Malmsbury <HI>in the County of</HI> Wilts, <HI>E&s;quire, and Hus|band to</HI> Theodo&s;ia Ivie, <HI>late Widdow of</HI> George Garret <HI>decea&s;ed, and Daughter of</HI> Iohn Stepkins <HI><ABBR>E&s;q</ABBR> decea&s;ed, maketh Oath, &amp;c.</HI></HEAD>
<P>HAving often with grief and angui&s;h of mind con&s;idered tho&s;e many &s;candals and a&s;per&s;ions which have been laid upon me by my own wife, from whom my Soul once expected as much happine&s;&s;e, as could be hoped for in a Conjugal E&s;tate; and finding how ea&s;ie the minds of many Per&s;ons, and tho&s;e of quality too, have been, not only to give an Ear, but a Faith al&s;o, to tho&s;e abominable Reports, which She and her Abettors have rai&s;'d and fomented, utterly to aboli&s;h (if in their power) my Reputation, either as a Gentlemen, or a Chri&s;tian; both which, (I tru&s;t) have been honourably pre&s;erved with much Con|&s;tancy and Fidelity among&s;t thou&s;ands of Per&s;ons in tho&s;e places where I have had long abode; le&s;t I might be adjudged guilty in tho&s;e things, which are only private to our &s;elves, and which cannot admit of any proof or witne&s;&s;e on either &s;ide, her per&s;onal and &s;ingle Affirmation, being the only argument to induce the world to the be|lief of &s;o vile, and inhumane actions; I have thought it mo&s;t nece&s;&s;a|ry, be&s;ides the&s;e Proofes which are taken in Chancery, to vindicate my innocency, not only with a bare negation, but with &s;uch a one as is ratified with the solemnity of an Oath: This I do the rather, be|cau&s;e in the&s;e unhappy Ca&s;es between the Husband and the Wife, the An&s;wers which are returned to the Petition, are not depo&s;ed to, as in other Proceedings in <HI>Chancery,</HI> neither can I content my &s;elf to &s;top here, but am willing to give the highe&s;t &s;atisfaction that a Chri&s;tian can expect on Earth, and &s;hall therefore cho&s;e &s;uch a time as the re|ceiving of the mo&s;t precious Body and Blood of my Saviour, Je&s;us Chri&s;t (of which with all humility this day, having &s;trictly exami|ned my own heart, I intend to participate) as to declare my inno|cency thereupon to tho&s;e principal points which are objected unto me by my Wife: were there any other waters of Tryal under the Go&s;|pel, as there was under the Law, I could mo&s;t &s;afely adventure the drinking of them to clear my &s;elf before the World: But this, I hope will give a plenary &s;atisfaction to all Godly and Con&s;ciencious Per|&s;ons, who (if ever) will give Credit to the words of an afflicted Spi|rit, will now doe it, after &s;uch a &s;olmn &s;ort.</P>
<P>And I do fir&s;t upon my Oath &s;ay and affirm, that I have been &s;o far from Acting and Committing that foul Sin of Sodomy upon her Body, that I never had within my bre&s;t the lea&s;t inclination or de&s;ire to &s;o
<PB N="17" REF="10">
vile &amp; abominable a thing; neither did I ever attempt to per&s;wade her by fair Words and Inticements, or to move her by threats, or ever u|&s;ed the lea&s;t force or &s;trugling with her to compa&s;s any &s;uch Ba&s;e or Heatheni&s;h De&s;igne, as &s;he mo&s;t fal&s;ly and opprobriou&s;ly char|ged me with.</P>
<P>And moreover, whereas on a certain night &s;he was nece&s;&s;itated, in pre&s;ervation of her life, as &s;he had &s;ugge&s;ted to the Lords Commi&s;&s;io|ners, and &s;everal others, to leap out of the Bed from me, to cry out, <HI>Murther, Murther;</HI> alleging, that I offer'd violence unto her by pinch|ing, beating, and &s;triking: Now I do prote&s;t and depo&s;e before Al|mighty God, that this was done without any &s;uch provocation, even in the lea&s;t mea&s;ure; Nay at the &s;ame time, while &s;he was attempting to leave my hou&s;e, and running to her Fathers, I us'd all the friendly and kind Per&s;wa&s;ions which I could expre&s;&s;e to detain her, and onely holding her by the arm, without the lea&s;t hurt as I believe, I often re|peated my hearty Sollicitations unto her to remain with me: But I do really beleeve, upon the con&s;ideration of &s;everal Circum&s;tances and Pa&s;&s;ages &s;ince that time, that both her Out-cry, and her Sub&s;equent Behaviour was de&s;ign'd before that night. If any thing at that time might be look'd on as a &s;hadow to ju&s;tifie her proceedings, it was this, That a little before &s;he leap'd out of the Bed (among&s;t other Di&s;cour|&s;es) I intimated a Di&s;like of her Carriage, which was ob&s;erved by o|thers, towards one who pretended to be her Phy&s;ician; This, and this only, was all the Cau&s;e and Occa&s;ion (if this be any) of her for&s;aking me at that time. And for all other times what&s;oever, I do affirm upon Oath, that I never gave her the lea&s;t &s;troak in my life, or ever did &s;o much as pinch her in Je&s;t, to the be&s;t of my Remembrance, or did ever directly or indirectly, let fall from my mouth any kinds of Threats what&s;oever.</P>
<P>And I do further &s;wear, That untill &s;uch time as &s;he exhibited that foul and &s;candalous Petition to the Lords Commi&s;&s;ioners, that I lov'd her unfeignedly, re&s;pected and e&s;teemed her above all Creatures in the World; and as I layd down my <HI>Fortune</HI> at her feet when I fir&s;t mar|ried her, &s;o would I have layd down my <HI>Life</HI> too, for her good and pre&s;ervation. Nay, I do allege further upon my Oath, that notwith|&s;tanding that &s;candalous and fal&s;e Petition exhibited again&s;t me in pur|&s;uance of her malicious de&s;ignes, &s;he had examined Witne&s;&s;es to de|fame me; yet out of Chri&s;tian and tender Con&s;ideration of the Rela|tion wherein I &s;tood towards her, as a Husband, I was willing from my heart, and did endeavour (by the &s;everall means of Per&s;ons of
<PB N="18" REF="11">
Quality, allyed both to my Self and Her) to compo&s;e all differences, that We might for the future Cohabit together in Peace and Content; and not to regard any A&s;per&s;ions which &s;he and all her Witne&s;&s;es, be|ing there examined, had ca&s;t upon me, not to retaliate in the lea&s;t mea&s;ure, &s;till deferring the Examination of my Witne&s;&s;es again&s;t her, and attending whether it would plea&s;e the Lord to give her a &s;ight of the Error of her way, and to return her home to her Husband, who was mo&s;t willing to receive her.</P>
<P>As to that A&s;per&s;ion ca&s;t upon me, That I committed folly with her Servant <HI>Jane Gilbert,</HI> though I need not &s;ay much to it, the Maid her &s;elf, and other credible Witne&s;&s;es having clear'd me in that point, both in Court, and on her Death-bed; and convinced the World of the horrid and unheard-of Practices of her and her Abettors, in abu|&s;ing and expo&s;ing the body of the &s;aid <HI>Jane</HI> to the View and Search of &s;everall men, and &s;uborning her to give in Te&s;timony again&s;t me; yet that the World may know the Integrity of my Soul in this al&s;o, I do further &s;wear, That I never entertain'd within me the lea&s;t thought of corrupting her Cha&s;tity, or did ever commit any unlawfull or di&s;ho|ne&s;t action with her, from the time I knew her to this day.</P>
<P>And la&s;tly, whereas I am charged by my Wife to have &s;uborn'd &s;e|verall Witne&s;&s;es again&s;t her, and particularly one <HI>Hold&s;worth;</HI> I call the Lord to bear me Record in this al&s;o, and do upon my Oath affirm, That I did never directly or indirectly procure any Witne&s;&s;es again&s;t her to te&s;tifie farther than the truth of the thing, what he or &s;he would knowingly and &s;afely, without breach of Faith or good Con|&s;cience, Depo&s;e.</P>
<P>True it is, that <HI>Hold&s;worth</HI> being imployed as a Bayliff to arre&s;t me at the Sute of my Wifes Taylor, for a con&s;iderable &s;um of money, which &s;he her &s;elf was indebted for, and behaving him&s;elf civilly towards me, I gave him five &s;hillings, and for no other end or purpo&s;e; And upon my Oath, I prote&s;t, that I never had any &s;uch Communication or Di&s;|cour&s;e with the &s;aid <HI>Hold&s;worth,</HI> to any &s;uch intent or purpo&s;e, as he hath mo&s;t maliciou&s;ly depo&s;ed again&s;t me.</P>
<CLOSER><SIGNED>Thomas Ivie.</SIGNED>
<DATELINE>Sworn <DATE>Augu&s;t the 4th 1652.</DATE></DATELINE>
<SIGNED>Thomas Benet.</SIGNED>
<POSTSCRIPT>
<P>WE who&s;e Names are hereunto &s;ub&s;cribed, do Certifie that this is a true Copy of the Oath, which Mr. <HI>Thomas Ivie</HI> did take before Doctor <HI>Benet,</HI> a Ma&s;ter in Chancery, which al&s;o he avouched to be truth before and after his receiving of the Sacrament, which he received &s;ince his
<PB N="19" REF="11">
la&s;t dangerous &s;ickne&s;&s;e:</P>
<CLOSER><DATELINE>As witne&s;&s;e our hands <DATE>the 6th. of. <HI>Augu&s;t,</HI> 1652.</DATE></DATELINE>
<SIGNED>Nic. Bernard <HI>Doctor of Divinity.</HI></SIGNED>
<SIGNED>John Baber, <HI>Doctor of Phy&s;ick.</HI></SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Thus much, (and I think more cannot be expected or done by a man) was offered for my per&s;onal Vindication; and that it may be vi&s;ible unto your Highne&s;&s;e, with what Per&s;ons I have dealt withall: I &s;hall &s;ummarily recite the heads of tho&s;e Proofs, which were made con|cerning this Wife who begg'd <HI>Alimony;</HI> and &s;hew your Highne&s;s the blazing Star, which enlightn'd her in the&s;e de&s;tructive ways to both our ruins (I mean her Aunt <HI>William&s;on</HI>) concerning whom, 'twas &s;worn,</P>
<P>That Mrs. <HI>William&s;on</HI> did ever abu&s;e Mr. <HI>Ivie,</HI> and was an Incendiary between him and his Wife, and the chief Cau&s;er and Promoter of the Differences and Breaches between them, <HI>l. A. f. C. l. f. 79. l. C. f. 18. f.</HI> 19. 27, 38.</P>
<P>That Mrs. <HI>William&s;on</HI> per&s;waded Mrs. <HI>Ivie</HI> not to go into the Country with her Husband, <HI>l. A. f.</HI> 60.</P>
<P>That Mrs. <HI>William&s;on</HI> &s;everal times &s;poke &s;oandalous, opprobrious, and di&s;dainfull &s;peeches (again&s;t Mr. <HI>Ivie</HI>) to his Wife, <HI>l. A. f. 51. l. B. f.</HI> 12.</P>
<P>That Mrs. <HI>William&s;on</HI> &s;aid Mr. <HI>Ivie</HI> had the Pox, and had given his Wife the Pox, <HI>l. A. f. 52. l. 3. f.</HI> 13, 14.</P>
<P>That Mrs. <HI>William&s;on</HI> reported that Mr. <HI>Ivie</HI> had bugger'd his Wife, <HI>l. A. f.</HI> 52.</P>
<P>That Mrs. <HI>William&s;on</HI> reported, that he had got <HI>Jane Gilbert</HI> (his Wifes Servant) with Child, <HI>ib.</HI></P>
<P>That Mrs. <HI>William&s;on</HI> told Mr. <HI>Ivie</HI> (who by rea&s;on of her ill name had forbid his Wife to keep her company) that &s;he would keep his Wife company in &s;pight of his Teeth, <HI>l. A. f.</HI> 60 59.</P>
<P>That Mrs. <HI>William&s;on</HI> told Mrs. <HI>Ivie,</HI> that if &s;he would &s;eparate from her Husband, &s;he would enforce <HI>Alimony</HI> from her Husband for her, <HI>l. A. f.</HI> 61.</P>
<P>That Mrs. <HI>William&s;on</HI> told Mrs. <HI>Ivie,</HI> that when &s;he was &s;eparated from her Husband, they would live together, <HI>l. A. f.</HI> 62.</P>
<P>That Mrs. <HI>William&s;on</HI> brought to Mrs. <HI>Ivie,</HI> a lock of <HI>Snellings</HI> hair, <HI>l. B. fol.</HI> 27 of which &s;he made a Bracelet, &s;et it with Ribbans, and wore it on her wri&s;t, <HI>l. C. f.</HI> 29.</P>
<P>That Mrs. <HI>William&s;on</HI> bid her wear it next her heart, <HI>l. B. f.</HI> 30.</P>
<P>That Mrs. <HI>William&s;on</HI> encouraged Mrs. <HI>Ivie</HI> to give her Husband ba&s;e
<PB N="20" REF="12">
language, <HI>l. C. f.</HI> 31. and told her, &s;he did well therein, <HI>l. C. f.</HI> 32.</P>
<P>That Mrs. <HI>Ivie</HI> relating, how She had given her Husband ill words, Mrs. <HI>William&s;on</HI> runn unto her, and told her 'twas well done, <HI>l. C. f.</HI> 33.</P>
<P>That Mrs. <HI>William&s;on</HI> received the Goods, which were embezelled from Mr. <HI>Ivie</HI> by his Wife, <HI>l. B. f.</HI> 40.</P>
<P>That Mrs. <HI>William&s;on</HI> &s;ollicited Mrs. <HI>Ivie,</HI> to let <HI>Snelling</HI> lie down with her on a bed; (and when &s;he had effected it) went out of the Chamber; and left M. <HI>Wheatly</HI> to keep the door, <HI>l. C. f.</HI> 43, 44, 45.</P>
<P>That Mrs. <HI>William&s;on</HI> encouraged Mrs. <HI>Ivie,</HI> not to give any Acounts of moneys which She had received from her Husband; Telling her, what was her Husbands, was her own, and why &s;hould &s;he account for her own, <HI>l. c. f. 58. l. A. f.</HI> 61.</P>
<P>That Mrs. <HI>William&s;on</HI> lived in a hou&s;e of ill fame in a little blind Al|ley, <HI>l. C. f.</HI> 72.</P>
<P>That Mrs. <HI>William&s;on</HI> &s;eldom lives with her own Husband, <HI>l. C. f.</HI> 79.</P>
<P>That Mrs. <HI>William&s;on</HI> made <HI>Snelling</HI> a Favorite of Mrs. <HI>Ivies;</HI> and that &s;he not only per&s;waded Mrs. <HI>Ivie,</HI> but cry'd out unto her to lie down on bed with the &s;aid <HI>Snelling, l. C. f.</HI> 80.</P>
<P>That Mrs. <HI>William&s;on</HI> called Mr. <HI>Ivie</HI> Clown, and Fool; and advi&s;ed Mrs. <HI>Ivie</HI> not to go with him into the Country, <HI>l. C. f.</HI> 13. And that he was an ugly fellow, <HI>l. C. f.</HI> 20.</P>
<P>That Mrs. <HI>William&s;on</HI> carried Letters for Mrs. <HI>Ivie</HI> to her Gallants, <HI>l. C. f.</HI> 16.</P>
<P>That Mrs. <HI>William&s;on</HI> &s;aid, She hated Mr. <HI>Ivies</HI> child, becau&s;e 'twas his, <HI>l. C. f.</HI> 21.</P>
<P>That Mrs. <HI>William&s;on</HI> brought Mr. <HI>Snelling</HI> to Mr. <HI>Ivies</HI> hou&s;e, after he had forbid him, <HI>l. C: f.</HI> 21.</P>
<P>That Mrs. <HI>William&s;on</HI> (the very next day after Mr. <HI>Ivie</HI> married his &s;aid Wife) made horns and mouths at him behind his back, <HI>l. C. f.</HI> 21.</P>
<P>That Mrs. <HI>William&s;on</HI> reported that Mr. <HI>Ivie</HI> had a Whore, and it being replyed, that 'twas hard to prove any &s;uch thing; &s;he an&s;wered, that &s;he would hire a Whore to lie with him, and take him in the fact, and &s;o obtain <HI>Alimony</HI> for Mrs. <HI>Ivie, l. C. f.</HI> 26, 38.</P>
<P>That when Mrs. <HI>Ivie</HI> &s;aid, &s;he &s;hould love her Husband very well; Mrs. <HI>William&s;on</HI> replyed, that if &s;he &s;hould love her Husband &s;o well, they &s;hould be all undone, <HI>l. C. f.</HI> 26.</P>
<P>That a Fortune-woman looking in Mrs. <HI>Ivies</HI> hand, and telling her, that &s;he and her Husband &s;hould live long together, immediately thereupon Mrs. <HI>William&s;on</HI> wi&s;h'd her hang'd for her news, <HI>l. C. f.</HI> 25.</P>
<P>That Mrs. <HI>Ivie</HI> telling Mrs. <HI>William&s;on,</HI> that her Husband gave her &s;o
<PB N="21" REF="12">
good words, that &s;he knew not what to do, (meaning, whether &s;he &s;hould proceed in the plot again&s;t him) at which Mrs. <HI>William&s;on</HI> an|&s;wered, <HI>Hang him Rogue, Damn him Rogue, l. A.</HI> f. 52.</P>
<P>How horrid the actions of this Per&s;on have been, in &s;ome mea&s;ure is laid open; But how contagious the conver&s;ation (of this mon&s;trous and unchri&s;tian wretch) is, willbe too &s;adly and experimentally de|mon&s;trated by the&s;e following Depo&s;itions concerning my Wife and her &s;elf; about whom 'twas &s;worn,</P>
<P>That notwith&s;tanding the great E&s;tate I had &s;etled upon her, and the va&s;t &s;umms of money I had expended for her u&s;e and ornament, which any one would think, (had been enough to have purcha&s;ed a common Gratitude and Civility to a Husband) &s;he immediatly after our marriage &s;lighted me to my face, never returned, in the lea&s;t mea|&s;ure, any reciprocal affection, <HI>l. A. f.</HI> 39.</P>
<P>1. That immediatly after our marriage, &s;he held corre&s;pondency with Sir <HI>William Killegrews</HI> Son, under the name of <HI>Ornaldo,</HI> called her &s;elf <HI>Callis, l. C. f.</HI> 15.</P>
<P>2. That the &s;aid <HI>Killigrew</HI> confe&s;&s;ed upon his own Oath four Letters that he had &s;ent her, and alwayes writ him&s;elf <HI>Ornaldo,</HI> and her <HI>Callis, Kill:</HI> own Depo&s;it.</P>
<P>3. That &s;he admitted both Sir <HI>William Killigrew</HI> and his Sonne her Corrivals; and that young <HI>Killigrew</HI> threatned to kill his Father, and her Husband al&s;o, <HI>l. c. f.</HI> 15.</P>
<P>4. That Sir <HI>William Killigrew</HI> chid Mrs. <HI>William&s;on</HI> for &s;uffering his Son to be &s;o familiar with Mrs. <HI>Ivie, l. C. f.</HI> 15.</P>
<P>5. That Mrs. <HI>Ivie</HI> (under the name of <HI>Callis</HI>) promi&s;ed to <HI>Ornaldo</HI> a Courte&s;ie, <HI>l. C. f.</HI> 15.</P>
<P>6. That Mrs. <HI>William&s;on</HI> was u&s;ed to carry Letters between them, <HI>l. C. f.</HI> 16.</P>
<P>7. That if Mr. <HI>Ivie</HI> did carry her into the Country without her con|&s;ent, <HI>Ornaldo</HI> would pi&s;tol him, <HI>l. C. f.</HI> 16.</P>
<P>8. That &s;he received Letters, and held Corre&s;pondency with one Mr. <HI>Snelling,</HI> whom Mr. <HI>Ivie</HI> had forbid his Wifes Company and hou&s;e, and &s;orbad her likewi&s;e to receive him, <HI>l. C. f.</HI> 15.</P>
<P>9. That Mrs. <HI>William&s;on</HI> brought in Mr. <HI>Snelling</HI> to Mr. <HI>Ivies</HI> hou&s;e, after that he had forbad them both) and Mrs. <HI>Ivie</HI> received them, <HI>l. C. f. 21. f. 18. l. B.</HI> 79.</P>
<P>10. That Mrs. <HI>Ivie</HI> went abroad after her Husband was in bed, to meet with <HI>Snelling</HI> at Mrs: <HI>VVilliam&s;ons</HI> hou&s;e; and both Mr. <HI>Snelling,</HI> and Mrs. <HI>VVilliam&s;on</HI> brought her home to her Husbands door, which was about 12 a clock at night, <HI>l. C. f.</HI> 27.</P>
<P><PB N="22" REF="13">11. That Mrs. <HI>Ivie</HI> going out of her Bed-chamber after Mr. <HI>Ivie</HI> was in bed, and being asked by him, whither &s;he was going? replyed, that &s;he was retiring to her devotion, but went to Mrs. <HI>VVilliam&s;on, l. C. f.</HI> 25.</P>
<P>12. That &s;he was with Mrs. <HI>VVilliam&s;on</HI> and <HI>Snelling,</HI> (who lay there by the name of <HI>Clerck</HI>) a whole day, at the Sugar-Loaf in <HI>Long-Acre,</HI> (a &s;u&s;pected hou&s;e,) <HI>l. C. f. 11. l. C. f.</HI> 25.</P>
<P>13. That &s;he was frequently conver&s;ant with <HI>Snelling, l. C. f. 74. f.</HI> 22.</P>
<P>14. That Mrs. <HI>Ivie</HI> met with <HI>Snelling</HI> at a Cooks hou&s;e of ill Report in a blind Alley in St. <HI>Martins</HI> Lane, <HI>l. C. f.</HI> 76.</P>
<P>15. That Mrs. <HI>Ivie</HI> lodged and abode there, out of her Husbands hou&s;e, many days and nights together, <HI>l. C. f.</HI> 72.</P>
<P>16. That &s;he refu&s;ed to return to her Husband, when he &s;ent for her, <HI>l. C. f.</HI> 73.</P>
<P>17. That &s;he being asked by her Husband at any time (when &s;he returned home) where &s;he had been, refu&s;ed to an&s;wer, <HI>l. C. f.</HI> 77.</P>
<P>18. That <HI>Snelling</HI> had &s;pent a 1000 l. on Mrs. <HI>Ivie,</HI> and Mrs. <HI>Willi|am&s;on, B. f.</HI> 26.</P>
<P>19. That <HI>Snelling</HI> came up into Mr. <HI>Ivies</HI> Bed-Chamber with a Pi|&s;tol in his Pocket, and que&s;tioned him (before his Wife) for forbid|ding him his Hou&s;e, <HI>l. C. f.</HI> 23.</P>
<P>That <HI>Snelling</HI> would defend her with Pen and Sword, <HI>l. C. f.</HI> 23.</P>
<P>20. That <HI>Snelling</HI> came often to Mrs. <HI>Ivie,</HI> when her Husband was out of Town, <HI>l. C. f.</HI> 22.</P>
<P>21. That <HI>Snelling</HI> was frequently private with her in her Bed-Cham|ber, <HI>l. C. f.</HI> 23.</P>
<P>22. That &s;he lay out of her Hou&s;e, when her Husband was out of Town, <HI>l. A. f.</HI> 40.</P>
<P>23. That when her Husband was out of Town, &s;he made a great Fea&s;t for Mr. <HI>Snelling,</HI> Mrs. <HI>William&s;on,</HI> Mrs. <HI>Wheatly,</HI> Mrs. <HI>Nowell;</HI> All three notoriou&s;ly known to be&mdash;<HI>l. A. f.</HI> 42. At this time the Plot for <HI>Alimony,</HI> and the practices upon <HI>Jane Gilbert</HI> (which co&s;t her, her life) were in probability contrived.</P>
<P>24. That Mrs. <HI>Ivie</HI> &s;ent to <HI>Lilly,</HI> who (among&s;t other things) returned this <HI>Caution</HI> to beware of two Women, de&s;cribing Mrs. <HI>William&s;om,</HI> and her Companion Mrs. <HI>Wheatly, l. A. f.</HI> 57.</P>
<P>25. That &s;he o ten &s;ent to <HI>Fortune-Tellers,</HI> and particularly to one Mrs. <HI>Nowell</HI> a &s;ore&s;aid (lately Cook maid to my Lady <HI>Cunny) l. A. f. 58. l. C. f.</HI> 33. 34. 35.</P>
<P>All that &s;he enquired of the&s;e Wizards, was to know how long I &s;hould live.</P>
<P><PB N="23" REF="13">26. That when Mrs. <HI>Ivie</HI> was &s;eparated from her Husband, then &s;he and Mrs. <HI>William&s;on</HI> would live together, <HI>l. A. f.</HI> 62.</P>
<P>27. That Mrs. <HI>Ivie</HI> her &s;elf laid Copper<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">s in the Window, and gave out in &s;peeches that her Husband had laid Poy&s;on there, <HI>l. A. f.</HI> 53.</P>
<P>28. That her Chirurgion, (being asked how &s;he did, after he had vi&s;ited her) &s;aid that her hair came off, and &s;hook his head; And that he had made her an I&s;&s;ue, <HI>l. A. f.</HI> 62. 63.</P>
<P>This was above &s;ix moneths after &s;he had left me.</P>
<P>29. That &s;he immode&s;tly &s;aid before two, <HI>viz. Snelling</HI> and <HI>Killi|grew,</HI> that her fir&s;t Husband had done the part of a man, twelve times the marriage night, But that this Husband had done but eight.</P>
<P>30. That &s;he was too familier with her own Father, his hands were &s;een under her Coats, <HI>l. C. f.</HI> 18.</P>
<P>31. That Mrs. <HI>Ivies</HI> Father was often in bed with her, <HI>l. C. f.</HI> 20.</P>
<P>32. That &s;he gave 100 l. to her Brother, and promi&s;ed to keep his Wife, in ca&s;e he would murder her Husband; and procured from the <HI>Council of State</HI> a Pa&s;&s;e to carry him beyond Seas, after the murder was executed.</P>
<P>This was proved in the upper Bench the Term, before my Lord Chief Ju&s;tice <HI>Roles;</HI> and &s;he was bound over to the good Beha|viour: The Pa&s;&s;e was there produced, and is now in my Cu&s;tody.</P>
<P>Be&s;ides the&s;e &s;hort intimations, many foul and horrid &s;tories (could I have produced) of De&s;igns for my De&s;truction: but becau&s;e I was not able to make out clear and evident proofs of them, I was unwil|ling either to trouble the Court, or di&s;turb my own Thoughts, with any thing le&s;&s;e than Realities and Demon&s;trations.</P>
<P><HI>One History.</HI> or rather a Di&s;mal <HI>Tragedy,</HI> acted by my Wife; Mrs. <HI>William&s;on,</HI> and their con&s;piracy, was with all its Circum&s;tarces, &s;o clearly delineated in the Depo&s;itions, that I &s;hould wrong my Cau&s;e, &s;hould I not relate this al&s;o: and perhaps few <HI>Romance's</HI> or <HI>Gu&s;man</HI> him&s;elf can parallel it.</P>
<P>It being re&s;olved at the Fea&s;t, (which was held at my hou&s;e, when I was in the Country) by my Wife, Mrs. <HI>William&s;on,</HI> Mrs. <HI>Wheatly,</HI> and Mrs. <HI>Nowells</HI> (being the Per&s;ons) for whom that Treatment was provided; That though the Scandals of <HI>Sodome</HI> were &s;ufficiently high, which had been divulged again&s;t me; and would render me odious to the World: Yet &s;eeing 'twas but a matter of <HI>Fact</HI> between us two in private, which could not be proved more, than by her &s;ingle affirma|tion; and that her own Midwife (having &s;earch'd her for that very
<PB N="24" REF="14">
purpo&s;e) had &s;o &s;treight a Con&s;cience, that &s;he would not &s;wear, that my Wife had been injured in tho&s;e parts; Did therupon conclude, that &s;ome other way mu&s;t be found out, which might admit of <HI>Te|&s;timonies;</HI> otherwi&s;e, they &s;u&s;pected, my Wife could hardly obtain <HI>Alimony,</HI> or procure a <HI>&s;eparation</HI> from me.</P>
<P>Hereupon it &s;eems, This Plot was afterwards put in execution upon <HI>Jane Gilbert:</HI> Its proved, <HI>l. C. f.</HI> 115.</P>
<P>This Wench they picht upon to be the In&s;trument of their De&s;ign, becau&s;e &s;he being actually a Servant in my Hou&s;e, it might be thought very ea&s;ie for me to find an opportunity to lie with her; and being al|&s;o of a &s;ickly di&s;po&s;ition, it would be no difficult thing to rai&s;e a &s;u&s;|pition, that &s;he might po&s;&s;ibly be with Child, e&s;pecially, being not well recovered of the Dreggs of the Small Pox, which &s;he had had a little before.</P>
<P>Hereupon Mrs. <HI>William&s;on</HI> (that &s;he might the better colour her In|tention privately) carried this Maids water unto one, whom they call <HI>Trigg,</HI> a Shoo-maker (as I have heard) by Trade, and enquired of him, whether the Party that made this water, were not with Child?</P>
<P><HI>Trigg</HI> (having good In&s;tructions, and doubtle&s;s a large Fee) Orde|red Mrs. <HI>William&s;on</HI> to bring the &s;aid <HI>Jane Gilbert</HI> unto him, and he would &s;earch her.</P>
<P>At her return home to my Wife, there was a new con&s;ult, how they might carry the Maid to <HI>Trigg,</HI> and make her willing to be &s;earch'd? leave that to me, (&s;aid my Wife) and immediatly went unto <HI>Jane Gil|bert,</HI> and &s;aid, <HI>Jenny,</HI> my Father hath &s;ent for my Aunt <HI>William&s;on</HI> and me to Breakfa&s;t to morrow morning, and hath commanded me to bring thee with us, becau&s;e he hath provided a Di&s;h of <HI>Milk and Eggs,</HI> that which he knowes thou doe&s;t dearly love: The Maid (little &s;u&s;|pecting any mi&s;chie&s;, couch'd under this pretended Kindne&s;s) thank'd her Mi&s;tre&s;s; but by rea&s;on of the many cloaths &s;he had to &s;teel and &s;tarch again&s;t the morrow, (being <HI>Sabbath-day</HI>) was willing to be ex|cu&s;ed: Nay <HI>Jenny,</HI> replyed my Wife, you mu&s;t and &s;hall go; for I know my Father will be angry, if we bring you not.</P>
<P>So a Coach being call'd, my Wife, Mrs. <HI>VVilliam&s;on,</HI> and the Maid went to Mr. <HI>Stepkins</HI> hou&s;e, but neither found him, nor the <HI>Milk and E<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">gs:</HI> Ah, quoth Mrs. <HI>VVilliam&s;on,</HI> are we &s;erv'd &s;o? wee'l make a mor|nings work of it, now we are out; me-thinks I have a rumbling in my Guts, pray let's go to Doctor <HI>Trigg;</HI> Agreed, &s;aid my Wife; And as they were pa&s;&s;ing from Mr. <HI>Stepkins</HI> to <HI>Triggs</HI> hou&s;e, my Wife and Mrs. <HI>VVilliam&s;on</HI> (being very frolick) began to je&s;t with the &s;aid <HI>Jane</HI>
<PB N="25" REF="14">
<HI>Gilbert,</HI> and per&s;waded her to make <HI>Trigg</HI> believe, &s;he was a new mar|ried VVoman, and &s;o that would put a Trick upon the Doctor his skill.</P>
<P>After they were all arrived in the Doctors pre&s;ence, Mrs. <HI>VVilliam&s;on</HI> made a private addre&s;s unto him, and pretended to have acquainted him with the pain in her Guts. But having ended her Tale in privat, What think you, &s;aid &s;he, of yonder new married Wife? <HI>Trigg</HI> (ha|ving felt her pul&s;e, and bid her &s;pit once or twice) told her, &s;he was <HI>Splenetick;</HI> Like enough that, quoth Mrs. <HI>VVilliam&s;on;</HI> But is &s;he not breeding Doctor? Yes, I warrant you, &s;aid he; &s;o the wench turning about, and &s;miling, was bid go out by Mrs. <HI>VVillam&s;on,</HI> (that &s;he and her Mi&s;tre&s;s might have &s;ome private Di&s;cour&s;e with <HI>Trigg,</HI> about the Drink which they had given her) which &s;he did accordingly, whil&s;t her Mi&s;tre&s;s, Mrs. <HI>VVilliam&s;on</HI> and <HI>Trigg</HI> held a long Conference toge|ther; when this <HI>Scene</HI> was over, All returned home.</P>
<P>About three or four dayes after the &s;aid <HI>Jane Gilbert,</HI> having been pro|mi&s;ed leave by my Wife to go vi&s;it her friends in the Country, for the Recovery of her health, my Wife took her into a Chamber, and &s;aid, Ah <HI>Jenny,</HI> But I have &s;omewhat more to tell you, (and thereupon &s;hut the Chamber door, none being pre&s;ent but them two, and Mrs <HI>VVil|liam&s;on,</HI>) 'Tis commonly reported, <HI>Jenny,</HI> quoth my Wife, that you are with child, and 'tis my de&s;ire to have it cleer'd: Tu&s;h, &s;aid Mrs. <HI>VVilliam&s;on,</HI> if it be &s;o, I warrant you 'tis by the Be&s;t in the hou&s;e; (mea|ning my &s;elf) Let us know it, for we can, and will conceal it, and &s;o di&s;po&s;e things, that it &s;hall never be a di&s;credit, or di&s;grace unto her; Nay, if &s;he will confe&s;s that &s;he was with Child, they would provide for her; But, &s;aid they, if you will refu&s;e to let us know it, and go into the Country, we will Report, that you are gone to take &s;ome Phy&s;ick to de&s;troy the Child.</P>
<P>The Maid now con&s;idering what &s;nare they had brought her into, by going to <HI>Trigg,</HI> (as afore&s;aid) being per&s;waded to act the part of a new married woman, was a&s;toni&s;hed at this Surprizal, and cryed out, The Lord protect me, for I am very innocent from any &s;uch thing; and withall my heart, &s;aid &s;he, will I do any thing, that may give you &s;a|tisfaction, or clear my &s;elf from this Scandal.</P>
<P>Look here, &s;aid my Wife to her, my Father hath &s;ent me a Letter, where he &s;ays, That Doctor <HI>Trigg</HI> &s;ayes that you are certainly with Child; and if you will not confe&s;&s;e, you mu&s;t be whipped in <HI>Bride|well.</HI></P>
<P>As they were thus Di&s;cour&s;ing, (often intimating that 'twas their
<PB N="26" REF="15">
De&s;igne to make this Maid confe&s;s her &s;elf with Child by me) in came Mrs. <HI>Se&s;sions,</HI> my Wifes Midwife, whom &s;he per&s;waded to &s;earch <HI>Jane Gilbert,</HI> which &s;he willingly &s;ubmitted unto; and the midwife (in their pre&s;ence) acquitted her from being with Child.</P>
<P>Hereupon, my Wife commanding &s;ome tears from her Eyes, wept pa&s;&s;ionately (as &s;he &s;eemed) and breaking into great Pa&s;&s;ion, &s;aid, Ah <HI>Jenny,</HI> have I loved and entertained thee thus long, been as kind to thee, and as tender of thy good, as if thou wert my own Child, and can&s;t thou conceal any thing from me? Doubtle&s;s thou art with Child: and therefore come, put on your mask, for you &s;hall once more to Doctor <HI>Trigg,</HI> who under&s;tands the&s;e things better than any midwife; and he will prove you to be with Child: And that you may not think I have any Plot upon you, (that Objection was very &s;trong within her) put on your mask, (that the Doctor may not know your face again) and fetch your Water; and Mrs. <HI>Se&s;&s;ions</HI> &s;hall go with you.</P>
<P>The Maid being perplexed in mind, and far from any of her Friends, knew not what to do in this condition: But being urged by her Mi|&s;tre&s;&s;e went again with the Midwife.</P>
<P>After the Midwife had given <HI>Trigg</HI> her Water, and di&s;cour&s;t with him privately; He called to <HI>Jane Gilbert,</HI> and bid her go up &s;tairs with him: But the poor Wench (not knowing which to prefer, her <HI>Mode&s;ty</HI> or <HI>Innocency</HI>) refu&s;ed to go with him; until at length (being clamour'd at, and ab&s;olutely forced up to his Chamber) &s;he was ne|ce&s;&s;itated to follow him: VVhere <HI>Trigg</HI> began to acquaint her, that her mi&s;tre&s;&s;e Mrs. <HI>Ivie,</HI> had told him, that &s;he had been too famili|ar with her Ma&s;ter, and therefore he mu&s;t &s;earch her: And did thereup|on (in a mo&s;t rude and violent manner) force his hands under her Coats, to her naked Body; and did u&s;e her in a mo&s;t abominable way, &amp;c.</P>
<P>And when he had effected his bu&s;ine&s;&s;e, he told the Midwife that &s;he was with Child; though the Maid ab&s;olutely and earne&s;tly deny|ed the &s;ame.</P>
<P>Hereupon they left <HI>Trigg,</HI> and returned to my VVife, who having heard the Relation from Mrs. <HI>Se&s;&s;ions,</HI> what had been done (being to|tally un&s;atisfied) cau&s;ed her to be carried to another Phy&s;ician, Dr. <HI>Hinchley,</HI> and &s;hewed him the VVater; and de&s;ired him al&s;o to &s;earch her in like manner: But his <HI>Verdict</HI> was unlike that of the (<HI>Mountebanck) Trigg;</HI> for he peremptorily avouch'd &s;he was not with Child.</P>
<P>Notwith&s;tanding all this could not &s;atisfie the aim of my VVife,
<PB N="27" REF="15">
and Mrs. <HI>William&s;on:</HI> But once more &s;he mu&s;t expo&s;e her nakedne&s;&s;e to a &s;earch of another Doctor, a Man-midwife, Dr. <HI>Hinton,</HI> who in like manner, as Dr. <HI>Hinchley</HI> (notwith&s;tanding Mrs. <HI>William&s;on</HI> and my VVife did earne&s;tly &s;ollicite him to atte&s;t that &s;he was with Child) acquitted her from being with Child; and would ju&s;tifie her to be a Virgin.</P>
<P>The&s;e two <HI>Te&s;timonies</HI> did no way forward their De&s;ign, for by this means, all the pains in Threatnings and Per&s;wa&s;ions, (to acknow|ledge her &s;elf with Child by me) began to be undervalued, by how much the more the &s;aid <HI>Jane Gilbert</HI> had been acquitted by the two Doctors and Midwife, and accu&s;ed only by that <HI>Ignorant Quack Trigg.</HI></P>
<P>And therefore &s;eeing the VVench was &s;o ob&s;tinate that &s;he would not comply with them, (and lea&s;t at my return &s;he might di&s;cover this unto me) a new Project was &s;et on foot, &s;o to terrifie the Wench, that &s;he might leave <HI>London</HI> immediatly.</P>
<P>And thereupon they came unto her, and told her, that Mr. <HI>Stepkins,</HI> my Wifes Father, would doe her a notorious <HI>Mi&s;chief</HI> if &s;he would not acknowledge her &s;elf with Child: Mrs. <HI>William&s;on</HI> advi&s;'d the Maid to goe for a while into the Country, until Mr. <HI>Stepkins</HI> his An|ger was over.</P>
<P>Upon this account &s;he was &s;ent away to her Fathers hou&s;e in <HI>Hert|ford&s;hire,</HI> where immediately after her arrival, &s;he received a Letter from my Wife; that her Father <HI>Stepkins</HI> was &s;o incen&s;ed again&s;t her, that he would not &s;uffer her any longer to live with my Wife.</P>
<P>Notwith&s;tanding the great love &s;he bore, &s;he would not leave her de&s;titute of a &s;ervice, but would provide a convenient Place for her,</P>
<P>Scarce eight days had pa&s;&s;ed, but down comes Mrs. <HI>William&s;on</HI> to her (pretending &s;he had been at <HI>Cambridge</HI>) and came out of her way on purpo&s;e to &s;ee her; Though 'twas evident &s;he came directly from <HI>Lon|don</HI> to the &s;aid <HI>Jane Gilbert.</HI></P>
<P>In&s;omuch that the Maid &s;u&s;pected &s;ome farther ill towards her; (ha|ving been formerly &s;o abu&s;ed) But parling together, about former Pa&s;|&s;ages, The Maid asked Mrs. <HI>William&s;on;</HI> what Ill &s;he had de&s;erved from her Mi&s;tre&s;&s;e, that &s;he &s;hould be &s;o di&s;graced, as &s;he had been; and though &s;he found her guiltle&s;&s;e, &s;he &s;hould now be put away? Well, quoth the Maid, by Gods help, I will be to morrow in <HI>Lon|don,</HI> and will endeavour to right my &s;elf from the&s;e A&s;per&s;ions.</P>
<P>Whereupon &s;he found the end of Mrs <HI>William&s;ons</HI> Journey (was to hinder the Maid from comming to <HI>London</HI>) (becau&s;e I was the day
<PB N="28" REF="16">
before arrived out of the Countrey) le&s;t &s;he &s;hould &s;ee me, and di&s;|cover what had been done unto her; in order to make her confe&s;&s;e that I lay with her, and that &s;he was with Child by me.</P>
<P>Mrs. <HI>William&s;on</HI> now perceiving, that the &s;aid <HI>Jane Gilbert</HI> was re&s;ol|ved to make a &s;tir in this &s;oul bu&s;ine&s;&s;e, returned with all &s;peed to my Wife; and wi&s;hed her to think of a way, how to hinder her from &s;peaking with me.</P>
<P>The next Day, as &s;oon as the &s;aid <HI>Jane Gilbert</HI> came to my hou&s;e, my Wife met her at the Door, and giving her many good words, per&s;wa|ded her to take a Lodging near that place, (and change her name) and that &s;he would pay for it.</P>
<P>The Maid (very much troubled at this u&s;age) was very pre&s;&s;ing to know what offence &s;he had ever given her; Truly, quoth my Wife, Sweet <HI>Jenny,</HI> I love thee mo&s;t dearly; But the Truth of all is, my Hus|band and his friends give out, that 'tis unfit for me to keep a Gentle|woman to wait upon me, be&s;ides common Servants; and that 'twas their envy towards her, and therefore &s;he mu&s;t be gone: but withall a&s;&s;ur'd her, that &s;he would provide a convenient place for her.</P>
<P>My Wife now thought, that &s;he had (by this Trick) made the Maid believe me to be the &s;ole cau&s;e of her turning away, and &s;ufficiently exa&s;perated her again&s;t me; yet did not de&s;pair of a complyance from her, and therefore &s;aid, For my part, I am content you &s;tay this night, (that &s;he might farther try her) and to morrow thou &s;halt have ano|ther Lodging look'd out for thee.</P>
<P>But my Wife under&s;tanding the next morning, that I began to parle with the Maid about the pa&s;&s;ages afore&s;aid, (which indeed were communicated to me in the Country) knockt very furiou&s;ly for her to come up into her Chamber; and commanded her immediate|ly to leave the hou&s;e, and would not &s;uffer her to &s;peak any more to me.</P>
<P>Whereupon &s;he went to one Mr. <HI>Prices</HI> hou&s;e, a Brother of one of her fellow &s;ervants, and lay there privatly, (as &s;he thought) but 'twas made known to my Wife; who immediatly &s;ent a Maid to &s;ound of what temper &s;he was, and how &s;he &s;tood affected towards her: and it being return'd, that &s;he was full of Di&s;dain and Pa&s;&s;ion, by rea&s;on of the afore&s;aid practices again&s;t her; and that &s;he would forthwith &s;end for her Trunks, they were immediatly &s;eized upon by my Wife, and looked up in her Clo&s;et.</P>
<P>Notwith&s;tanding, upon this Report, the maid did not &s;end, but came her &s;elf to demand her Trunks; and I &s;eeing of her in the hou&s;e,
<PB N="29" REF="16">
began to ask again, why &s;he went away, and upon what occa&s;ion that Searching of her (by men, and women) were? But her Mi&s;tr e&s;s calling her Queane for acquainting me with it, and threatning to &s;trike her for it, denyed her the Trunks, and cau&s;ed her forthwith to be &s;ent away: And the very next Day Mrs. <HI>William&s;on</HI> and my Wife gave out in Speeches, (among&s;t my Family, and Neighbours) that they had broke open the Trunks, and had found that &s;he had been a Baggage, and a notorious Thief, and &s;tollen her Goods.</P>
<P>And thereupon (the better to &s;ecure the Wench, either for com|plaining of the&s;e Abu&s;es, or telling me the Truth of her U&s;age) they procured a Warrant from my Lord Chief Ju&s;tice <HI>Roles</HI> to appre|hend the Maid for her Life, (having charged her with Fellony.) But finding that the Maid kept in, and that by vertue of the &s;aid War|rant, they could not enter any hou&s;e to take her forth, they entered into a new Project, how the Wench might be &s;ecured (both Tongue and Per&s;on) and al&s;o, that they might &s;eize on her, where&s;oever &s;he was.</P>
<P>To this end, Mr. <HI>Paunce&s;oot</HI> was look'd on as a fit In&s;trument (ha|ving Relation to the <HI>Lord Pre&s;ident Brad&s;haw</HI>) and was de&s;ired to pro|cure them a Warrant from the <HI>Council of State,</HI> upon Pretence, that this poor VVench held Corre&s;pondency (with the Enemies of the Commonwealth) beyond Seas, and &s;o apprehend her: By vertue of which VVarrant &s;he was &s;eized on accordingly; and kept Clo&s;e Pri|&s;oner 18 days together with great hard&s;hips.</P>
<P>During this Impri&s;onment, a Gentleman came to this VVench from my VVife, advi&s;ing her to humble her &s;elf to her Mi&s;tre&s;s, and to con|fe&s;s her &s;elf Guilty, and much to that purpo&s;e, but &s;he (being innocent) utterly refu&s;ed any &s;uch Acknowledgement.</P>
<P>During this Impri&s;onment, many Petitions (for to be heard at the Council) did &s;he attempt to pre&s;ent, but were &s;till kept off by the means of the &s;aid <HI>Paunce&s;oot,</HI> neither could &s;he ever be heard.</P>
<P>At length my Wife and Mrs. <HI>William&s;on</HI> finding nothing could pre|vail (after &s;orrow and grief (in this lamentable condition) had almo&s;t killed her, they had contrived a meeting for the Wench (by the per|mi&s;&s;ion of her Keeper) in <HI>Moor-fields;</HI> where, as &s;oon as my Wife &s;aw her, &s;he fell into a deep fit of weeping to the Wench, and told her how dearly &s;he loved her, and that &s;he was in perfect friend&s;hip with her, and earne&s;tly de&s;ired that all things (which had pa&s;&s;ed) might be forgotten; promi&s;ing withall, (that in a very &s;hort time) &s;he would abundantly expre&s;&s;e, how &s;en&s;ible &s;he had been of her late Sufferings.</P>
<P><PB N="30" REF="17">Hereupon my Wife, without ever acquainting or procuring their Order for her freedom, (only giving the Me&s;&s;enger of the Council of State 20 l.) cau&s;ed the Maid by her own Power (by which it &s;eems &s;he &s;tood commited) to be &s;et at liberty.</P>
<P>But very &s;uddenly after enlargement (her body being quite &s;pent, and her mind almo&s;t di&s;tracted with grief and melancholy) She died; and in her Death bed profe&s;&s;ed &s;olemnly (that by rea&s;on of tho&s;e Cru|elties, which had been practi&s;ed upon her, by Mrs. <HI>William&s;on,</HI> and Mrs. <HI>Ivie;</HI> and e&s;pecially by the operation of a Potion given her by them, (which upon the words of a dying woman) &s;he believed to be poy&s;on) That they had been the cau&s;e of her death; and that &s;he doubted not but that the Almighty God would require her Blood at their hands.</P>
<P>After the&s;e things were laid open to the Lords Commi&s;&s;ioners for the great Seal; I little expected that Vices &s;hould be received for Rea&s;ons; that &s;uch abominations &s;hould have been thought worthy the protection, not to &s;ay the encouragement of &s;uch eminent Judges; but with grief of heart, and empty Pur&s;e, may I &s;ay, that I found ex|perimentally there Chancery rather a Court of oppre&s;&s;ion, than good Con&s;cience; nay, I have this peculiar in my Ca&s;e (that after all VVitne&s;&s;es on both &s;ides were examined) they never afforded me that favour (which they omitted to none) as to command me and my VVife in Per&s;on to attend them, and to endeavour a Reconciliation between us.</P>
<P>This I thought hard mea&s;ure, becau&s;e I was informed all others had participated of that Civility from them; and the more hard, in re|gard my VVife had frequent and private addre&s;&s;es unto them, and I was never admitted any.</P>
<P>The con&s;ideration of this, not only a&s;toni&s;hed me, but gave me a &s;trong Alarm al&s;o to be very Circum&s;pect, le&s;t I might have as little Ju&s;tice in their Sentence, as I had favour in their procee|dings.</P>
<P>And that on the other &s;ide, when I remembred, they openly de|clared before my Council, that nothing &s;hould be concluded without &s;ending for both parties, and al&s;o their parties; and al&s;o their Order of the 27 of <HI>October</HI> 1651. that they had denied her any expences of the Sute, in regard the merits of the Cau&s;e &s;hould be &s;peedily heard; I could not conclude within my &s;elf, but that I &s;hould be dealt withal according to their own Rules, and practice of all the of <HI>England;</HI> and that a Summons (upon a day of hearing &s;hould be fir&s;t &s;ent)
<PB N="31" REF="17">
ere any Sentence pronounced, or Decree made in the Cau&s;e.</P>
<P>But what I often &s;u&s;pected, and was intimated unto me by others, I had now too much rea&s;on to believe.</P>
<P>For after eight moneths (having all that while never received any command to wait upon their Lord&s;hips) when all my Coun&s;el was out of Town, <HI>Iuly</HI> 24 1652: (Her Coun&s;el Mr. <HI>Vincent,</HI> and Lieut. Col. <HI>Zanchey,</HI> her Sollicitor, with a Sword by his &s;ide) pre&s;ented unto the Lords Commi&s;&s;ioners, a final Decree ready drawn; (it not being fir&s;t peru&s;ed by Coun&s;el of my &s;ide, as by the Rules of the Court it ought to have been) for no le&s;s than 300l. <HI>per annum,</HI> (a fair &s;um, and enough to tempt a good Woman to be bad:) The Draught of the Order is thus.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="order">
<OPENER><HI>Lords Commi&s;sioners.</HI> Saturday 24 of July 1652. Between <HI>Theodo&s;ia Ivie</HI> Plaintiff, and <HI>Thomas Ivie</HI> her Husband, Defendant.</OPENER>
<P>WHereas the Plaintiff having exhibited her Petition (again&s;t the Defen|dant her Husband) to be relieved for <HI>Alimony,</HI> unto which the Defen|dant having put in his An&s;wer, divers Witne&s;&s;es were examined by Commi&s;sion, and other were (by their Lord&s;hips directions) al&s;o examined by the Regi&s;ter, in the pre&s;ence of Coun&s;el on both &s;ides; And for the better cleering of the Matters, and Satisfaction of their Lord&s;hips therein, their Lord&s;hips were al&s;o plea&s;ed them&s;elves to examine &s;everal Witne&s;&s;es, <HI>viva voce;</HI> And the Cau&s;e having ta|ken up many dayes in hearing, (after much Debate and Pains &s;pent herein; And upon full and deliberate hearing of what could be offered on both &s;ides: And upon reading of the &s;aid Depo&s;itions, and of the Indenture made upon the Marriage; whereby the E&s;tate of the Plaintiffs Father, is &s;etled upon Sir <HI>John Bramp&s;ton,</HI> Knight, and <HI>William Booth,</HI> E&s;quire, to the u&s;es in the &s;aid Indenture declared:) Their Lord&s;hips were fully &s;atisfied, that there is good cau&s;e to give allowance for <HI>Alimony</HI> to the Plaintiff; And do Order, and De|cree, that the Plaintiff have paid unto her, the &s;umme of 300 l. by the year, which their Lord&s;hips intend to be had and rai&s;ed, out of the Plaintiffs Fathers E&s;tate, &s;o &s;etled in the &s;aid Tru&s;tees, as afore&s;aid, until farther order: And do therefore Order, that the &s;aid Defendant, and the &s;aid Tru&s;tees, &s;hall autho|rize, or permit and &s;uffer the Plaintiff, or whom &s;he &s;hall nominate and appoint, from time to time, quietly, and without interruption, to receive the Rents and Profits of the &s;aid Lands: And the &s;everal Tenants of the premi&s;&s;es are hereby ordered to pay the &s;ame accordingly, from our Lady day last; And the &s;aid Tru&s;tees, and the &s;aid Tenants, in &s;o doing, are to be &s;aved harmle&s;s by the De|cree of the Court. But in ca&s;e the &s;aid Lands are in a greater yearly value than
<PB N="32" REF="18">
the &s;aid <HI>300 l. per annum,</HI> And that the &s;aid Defendant &s;hall at any time &s;ignifie &s;o much unto their Lord&s;hips, And undertake and &s;ufficiently &s;ecure the payment of <HI>300 l. per annum,</HI> (quarterly unto the &s;aid Plaintiff) by equal portions, to be begin from our Lady day la&s;t, then the &s;aid Defendant is hereby decreed to pay unto the &s;aid Plaintiff, the &s;aid yearly &s;um of <HI>300 l.</HI> accordingly, until further Order, as afore&s;aid: And that the &s;aid Tru&s;tees are in &s;uch Ca&s;e to permit and &s;uffer the &s;aid Defendant, and his A&s;signes, to receive and enjoy the Rents and Profits of the &s;aid Fathers E&s;tate, (any thing herein conteined to the contrary in any wi&s;e notwithstanding.)</P>
<CLOSER><SIGNED><HI>Rob: Dod,</HI> Deput. Regi&s;t.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Being advertized by a Friend of the&s;e irregular Proceedings, and perceiving what a Con&s;iderable part of my E&s;tate was aimed at, I addre&s;&s;ed my &s;elf immediately with this Petition to the Lords Com|mi&s;&s;ioners, <HI>Augu&s;t</HI> 19.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="petition">
<OPENER><SALUTE>To the Right Honourable, &amp;c.</SALUTE></OPENER>
<HEAD>The humble Petition of <HI>Thomas Ivie</HI> Defendant, Husband to <HI>Theo|do&s;ia Ivie,</HI> Plaintiff.</HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat &s;everal Papers have been brought to your Petitioner, intituled as Orders from your Lord&s;hips, but without any Sub&s;cription of the Regi&s;ter, or his Deputy.</P>
<P>That at the end of one of the &s;aid Papers 'tis mentioned, that unle&s;s cau&s;e (at the next Privy Seal) be &s;hewn to this Court to the contrary by the Defendant, That <HI>300 l. per annum,</HI> therein mentioned, &s;hall be decreed: But on what day the next Privy Seal will be, or in what place, is not expre&s;&s;ed in the &s;aid Pa|per; Neither can your Petitioner (by all po&s;sible means and indu&s;try) find when and where he may attend your Lord&s;hips.</P>
<P>In&s;omuch, that your Petitioner hath ju&s;t Ground to fear (if any &s;uch Order be) either he may be &s;urpriz'd, or a Decree might pa&s;s again&s;t him, without his Knowledge of the time, wherein he might make his ju&s;t Defence, e&s;pecially all his Papers being at pre&s;ent in the cu&s;tody of his Sollicitor, Mr. <HI>Cox,</HI> who is not in Town.</P>
<P>In tender Con&s;ideration whereof, May it plea&s;e your Honours to declare, whether any &s;uch Order was made by the Court; and at what time and place your Lord&s;hips have
<PB N="33" REF="18">
or will be plea&s;ed, peremptorily to appoint, to hear the De|fence of your Petitioner, who with all humility and wil|lingne&s;s, will attend your Lord&s;hips; Hoping by Gods a&s;|&s;i&s;tance, to give a full Demon&s;tration of his Innocency and Integrity; and to wipe off all the foul A&s;per&s;ions what&s;o|ever, which have been ca&s;t upon him, to ruine both his Per|&s;on and E&s;tate.</P>
<CLOSER><SIGNED>And your Petitioner &s;hall ever pray, &amp;c.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>All the Return (that I could obtain from the Lords Commi&s;&s;ioners) unto the &s;aid Petition, was this; <Q><TEXT>
<BODY>
<DIV1 TYPE="document">
<P><HI>Let Mr.</HI> Ivie <HI>attend us, to &s;hew us Cau&s;e, according to the la&s;t Order, on Tue&s;day next.</HI> <DATE>19th of Augu&s;t 1652.</DATE></P>
<CLOSER><SIGNED>B. Whitlock,</SIGNED>
<SIGNED>R. Keeble,</SIGNED>
<SIGNED>J. Li&s;le.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q></P>
<P>On the Tue&s;day following I did attend in Per&s;on, but without any Coun&s;ell; all being in the Circuits with the Judges: And if I could have found any, it had been almo&s;t impo&s;&s;ible to have fully in&s;truct|ed them in the Cau&s;e, there being &s;o many Depo&s;itions, and tho&s;e of &s;o great Length.</P>
<P>Whereupon I renewed my humble and earne&s;t Reque&s;t unto them, with all the Vehemency I could expre&s;s, That they would make no Decree, before they had heard the merits of the Cau&s;e on both &s;ides.</P>
<P>Notwith&s;tanding, I found 'twas their Re&s;olution to &s;igne that irre|gular Paper, and to declare before-hand, that they had found ju&s;t Cau&s;e for <HI>Alimony;</HI> The Preamble of the Decree being full of Re|flections, and conteining &s;everal In&s;inuations again&s;t me: all that they thought fit to adde, was this Clau&s;e, [<HI>Vntill further Order.</HI>] A dear Expre&s;&s;ion in Chancery, and as co&s;tly as the other, [<HI>Vnle&s;&s;e He &s;hew Cau&s;e.</HI>]</P>
<P>Now, and not before, was the Order, (which they commonly call the Decree, having put the Great Seal unto it) delivered unto the Re|gi&s;ter to enter, which fir&s;t ought to have been drawn by him, and then peru&s;ed by Coun&s;el on both &s;ides.</P>
<P>Had any one but heard, what &s;mooth words the Lords Commi&s;&s;io|ners gave me at this time, telling me, That it &s;hould not be prejudici|al unto me, and that they would hear my Coun&s;el at any time, come when I would, and that 'twas but a Temporary thing, and that
<PB N="34" REF="19">
they would deal tenderly with me, in &s;o tender a Ca&s;e, as between man and Wife, one would have almo&s;t been per&s;waded, that it had been my duty to have given my con&s;ent al&s;o: But though there was Honey in their Mouths, yet was there too too much Gall in their Inke, and Wormewood in their Decree.</P>
<P>Had they but con&s;idered the Deed of Covenant which (they profe&s;|&s;ed) they had peru&s;ed, 'twould have appear'd very evident, that there was no &s;hadow for &s;o great allowance, as 300 l. <HI>per annum:</HI> When her Father him&s;elf, and my Wife al&s;o made to me a Propo&s;iti|on, of giving her the liberty of living where &s;he would, and &s;etting out for her fit allowance, they them&s;elves did de&s;ire, no more but 120 l. <HI>per annum, Depo&s;. l.</HI></P>
<P>Be&s;ides of the Articles (in my cu&s;tody) which they cau&s;ed to be drawn to the &s;ame Purpo&s;e.</P>
<P>But I &s;uppo&s;e the Lords Commi&s;&s;ioners were &s;o far from con&s;ide|ring what they &s;igned, that they never read the Deed, which they mention; nay, I think, I may &s;afely &s;ay; They did not, or would not con&s;ider the Act it &s;elf, for <HI>Alimony.</HI></P>
<P>For that Act impowers them, to give only &s;uch <HI>Alimony,</HI> as is pro|portionable to the Fortune which the Woman brought; and that al|&s;o to be rai&s;ed out of the Husband E&s;tate. Whereas the truth is, &s;he hath not (in all her Proofs) proved, that &s;he had been, or in proba|bility could ever be worth a Penny to Me.</P>
<P>And as for that E&s;tate, which the Lords Commi&s;&s;ioners did decree unto her, 'tis true, I had an equitable Title unto it; but it really did belong to the Heir, at Law, until &s;uch time as I had performed &s;ome &s;mall Covenant.</P>
<P>In&s;omuch that Mr. <HI>Stepkins,</HI> his Son and Heir, al&s;o was injured by the&s;e proceedings of the Lords Commi&s;&s;ioners; for which he hath of|ten made his Complaint, as well, as his ju&s;t Title in Law, though to little purpo&s;e.</P>
<P>I know full well, what &s;hadow the Commi&s;&s;ioners put on this dea|ling; but whether it be ju&s;t and righteous, I &s;ubmit to your Bre&s;t, and that is thus.</P>
<P>That although it was Covenanted, between Mr. <HI>Stepkins</HI> and my <HI>Tru&s;tees,</HI> that in ca&s;e I did not perform all the Covenants (to which I had obliged my &s;elf) then was the &s;aid E&s;tate of 240 l. to goe to the u&s;e of the right Heirs of the &s;aid <HI>Stepkins,</HI> until &s;uch time as I &s;hould perform: By virtue of this Clau&s;e, did young <HI>Stepkins,</HI> lay claim to the &s;aid E&s;tate.
<PB N="35" REF="19">
Yet &s;ay the Commi&s;&s;ioners, that Mr. <HI>Stepkins</HI> the Father (Who had re&s;erved unto him&s;elf the Remainder of the &s;aid Limitation, to me and my Wife) made a VVill; and by that VVill had acquitted me from any further Performance; in&s;omuch that the E&s;tate was now totally belonging unto me.</P>
<P>This I believe my VVife told them; and peradventure &s;hewed them &s;uch a VVill; and this is their Ground: But by their leave, I cannot think, till &s;uch a VVill be legally proved, That it can be any Ground for them, to give away the E&s;tate in &s;uch manner, as they have; upon a bare &s;ugge&s;tion of one Party, for who&s;e intere&s;t and profit it was.</P>
<P>Certainly had they been as con&s;cientious Judges (as they are Jud|ges of Con&s;cience) they would have fir&s;t cau&s;ed her to prove the &s;aid VVill, (which then had clear'd the E&s;tate from the claim of my Bro|ther <HI>Stepkins,</HI> and &s;aved me the expences of &s;ome Sutes in Chancery, for no other end than to get the Will produced, which to this day, I am not able to doe; Notwith&s;tanding I have a Bill of Complaint de|pending before them for that purpo&s;e)</P>
<P>Neverthele&s;&s;e all the&s;e di&s;couragements, it plea&s;ed the Lord to give me a proportionable mea&s;ure of Patience, to &s;ubmit unto his correcting hand; and in the mo&s;t &s;ore Afflictions (which I have under|gone) he hath not with-held his loving kindne&s;&s;es from me, nor the &s;weetne&s;&s;es of his refre&s;hing Spirit; though many Oppre&s;&s;ions and Grievances were daily multiplied, and many new Sutes at Law were &s;et on foot again&s;t me by my Wifes means, who now &s;eemed ju&s;tified by them; and my &s;elf vilified and undervalued.</P>
<P>Yet was I not clamorous at their Bar, neither was I ever admitted to any private Speeches with them: or indeed did ever &s;eek it (being confident) that my cau&s;e wanted the Protection of Ju&s;tice only, and not favour; but waited, &s;till expecting when they would put their good Promi&s;e in Execution, and &s;end for us, and endeavour a cordi|al Reconciliation between us.</P>
<P>But after two moneths were expired, and hearing nothing from them to that purpo&s;e (though many &s;everal Friends of Quality had moved them thereunto) I addre&s;&s;'d my &s;elf with an humble Petition for a hearing.</P>
<P>After it was read, they appointed a day (though it was &s;omewhat far of) yet it did abundantly revive me, hoping that that day would be the end of my trouble; and that then, my reputation and e&s;tate, might be repaired; my Per&s;on freed from the continual mole&s;tation
<PB N="36" REF="20">
of Catchpoles; And my Wife her &s;elf (whom I had perfectly forgi|ven) re&s;tored unto my Bo&s;om.</P>
<P>The Order which the Lords made in An&s;wer to my Petition, was this.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="answer to petition">
<OPENER><DATELINE><DATE>Saturday 29 of April, 1653.</DATE></DATELINE></OPENER>
<HEAD>Between <HI>Theodo&s;ia Ivie,</HI> Plaintiff, Wife of <HI>Thomas Ivie,</HI> Defendant.</HEAD>
<P>VPon the Defendants humble Petition, (this day preferr'd to the Right Ho|nourable the Lords Commi&s;sioners for the Great Seal of <HI>England</HI>) &s;hewing, That in the unhappy difference fomented by evil per&s;ons between the &s;aid Parties; and the &s;aid Plaintiff hath petitioned their Lord&s;hips for <HI>Alimony,</HI> (being &s;e|parated from her Husband) without his Con&s;ent; Thereby intending to live a-part by her &s;elf, (contrary to the Marriage Stipulation) to the de&s;truction of the mutual happy Comfort, (that might, and ought to be between parties &s;o near|ly joyned) pending with Sute; Their Lord&s;hips (as Judges of good Con&s;cience) did often move her to Conformity and Reconcilement, chiefly de&s;ired by the &s;aid Defendant, but the Plaintiff refu&s;ed, And by an Order of the 24 of July la&s;t, their Lord&s;hips were plea&s;ed to appoint her <HI>300 l. per annnm</HI> out of her Fa|thers E&s;tate, until further Order; And the &s;aid Defendant (being daily arre|&s;ted and troubled for the &s;aid Plaintiffs Debis) cannot walk the &s;treets, without mole&s;tation, by the Officers and Bailiffs; It was prayed, That &s;ome day (as &s;oon as to their Honours &s;hould &s;eem meet) may be appointed to hear the Defendants Rea&s;ons, and the merits of the Cau&s;e, why the &s;aid Order &s;hould be null'd; To command the Defendant and his wife to be per&s;onally before their Lord&s;hips at the &s;ame time; &s;o that there might be a final Conclu&s;ion of the&s;e unhappy and un|natural Differences, under which the Defendant hath long groan'd, to his utter Ruine: Their Lord&s;hips do thereupon Order, that Coun&s;el on both &s;ides be heard in the Bu&s;ine&s;s the fir&s;t Day of Cau&s;es in Trinity Term next.</P>
<CLOSER><SIGNED><HI>John Sandford,</HI> Deput. Regi&s;t.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>My Hopes and Expectations being now rai&s;ed from the Du&s;t, I con|&s;idered with my &s;elf, how I might repre&s;ent the Ca&s;e between me and my Wife, with the lea&s;t prejudice to her: for upon &s;ome Debatings about the Witne&s;&s;es I had examined again&s;t her, I found the Breach &s;till made wider, by her Lawyers aggravations, than it was really in it &s;elf; what was but a &s;car, they would tear open into a wound; nay, they preferr'd a &s;eeming <HI>Rhetorick</HI> &s;o far before a <HI>Chri&s;tianity,</HI> that ra|ther than they would exa&s;perate, they would &s;peak <HI>Point Blank,</HI> to the very Papers they held in their hands.</P>
<P><PB N="37" REF="20">And therefore, to prevent the like Inconveniences, and aiming at a perfect Reconciliation, I drew up all (that Coun&s;el could be in&s;tructed in, or could offer at the Bar) into writing, and for each Commi&s;&s;ioner had a Paper ready to be pre&s;ented, as follows.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="document">
<HEAD>To the Right Honourable the Lords Commi&s;&s;ioners for the Cu&s;tody of the Great Seal of <HI>England.</HI></HEAD>
<P>WHereas the Draught of an Order was on Friday <HI>Augu&s;t</HI> the 13th made, and pre&s;ented unto your Honours by the Coun&s;el of the Plaintiff, and Mr. <HI>Zanchie</HI> her Sollicitor, not entered into the Regi&s;ters Book, or drawn up by him from any Notes taken in Court, or was ever peru&s;ed by the Defendants Coun&s;el before it was &s;igned, according to the Rules of the Court; in which Or|der it was mentioned, that <HI>300l. per annum</HI> &s;hould be rai&s;ed out of the Fathers E&s;tate, which was &s;elled at the Marriage upon Sir <HI>John Bramp&s;ton</HI> Knight, <HI>Orlando Bridgman</HI> <ABBR>E&s;q</ABBR> and <HI>William Booth,</HI> to u&s;es, &amp;c. and upon the reading of it, it was Ordered by your Lord&s;hips at the &s;ame time, that unle&s;&s;e the Defendant &s;hould &s;hew cau&s;e at the next Privy Seal, a Decree &s;hould pa&s;s ac|cordingly; And whereas it was ordered by another of <HI>Augu&s;t</HI> the 19th, That on Tue&s;day following the Defendant &s;hould attend, and &s;hew Cau&s;e why the &s;aid <HI>300l. per annum</HI> &s;hould not be decreed; May it therefore plea&s;e your Ho|nours to con&s;ider the&s;e following Con&s;iderations, which are all proved upon Oath, and good Evidence; wherein he hopeth it is &s;ufficiently cleared, that the Plain|tiff neither ought to have any <HI>Alimony</HI> out of that which was her Fathers E&s;tate, or out of her Husbands.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>Mrs. <HI>Ivie,</HI> the Wife of <HI>Thomas Ivie,</HI> &s;ugge&s;teth by her Petition to the Lords Commi&s;&s;ioners, That her Husband hath de&s;erted her, and left her no means to live; That during her Cohabitation with him, &s;he was in danger of her life, and became very weak, and for perill of receiving from him di&s;ea&s;es of dangerons con&s;eqnence, &s;he cannot Cohabite with him, and prayes Relief.</P>
<P><HI>The Que&s;tion is, Whether in this Ca&s;e &s;he ought to have</HI> Alimony.</P>
<P>In which it will be pertinent, to con&s;ider the near conjunction that is between Man and Wife, and whether they be of equal Authority, or there be a Superior, and in whom that Superiority re&s;teth.</P>
<P>1. The Original female Ance&s;tor was taken out of Man, and by the Marriage-bond were made one fle&s;h, though &s;everal Individuals, like the Cele&s;tial <HI>Gemini,</HI> that makes but one Con&s;tellation; but the Go|vernment
<PB N="38" REF="21">
was placed upon the Man by God him&s;elf, who gave the Law in Paradi&s;e, &s;aying, Thy de&s;ire &s;hall be to thy Husband, and he &s;hall rule over thee, <HI>Gen. 3. v. 16. 1 Cor.</HI> 14. 5: 34. and by the Apo&s;tle remembred, That Women are commanded to be under obedience; &s;o &s;aith the Law; and that they &s;ubmit them&s;elves unto their Hus|bands, as to the Lord that is &s;upreme, 5 <HI>Eph. v.</HI> 22. Thus far for the <HI>Di|vine Law.</HI></P>
<P>2. The common Law &s;ays, that a Woman that is married is not <HI>&s;ui Juris,</HI> but <HI>&s;ub pote&s;tate Viri,</HI> hath no Will but her Husbands, though &s;he may have a Stomach; therefore the Civil Acts &s;he does are void in common Law; &s;he can neither take nor give any thing without her Husbands con&s;ent; She can have no reparation for any wrong done unto her Per&s;on by her &s;elf, without her Husband, and the damages that &s;hall be recovered, &s;hall goe to the Husband and not to the Wife; And it is further to be con&s;idered the exten&s;ion of that word <HI>Pote&s;tas;</HI> It is of a great latitude, for Soveraign Princes and Governours, though they have rule and power of the People; Yet they cannot beat, wound, or kill the People under them, nor doe any thing to their Per&s;ons corporally; but according to their Laws, by Sentence or Judgement: But the Husband hath power of Correction upon the bo|dy of his Wife, and Servant, according to his own Judgement, &s;o as he doth not wound nor kill, and is not prohibited by any Law.</P>
<P>3. The Civill Law (as I take it) agrees with the Common Law; then it mu&s;t follow by nece&s;&s;ary con&s;equence, that a married Wo|man without leave cannot depart from her Husband, which &s;he mu&s;t evidence by proof, no more than a Servant from his Ma&s;ter, a Sub|ject from his Soveraign into forreign parts, who by his Mi&s;&s;ives is to return upon forfeit of his E&s;tate; which makes good what was &s;aid be|fore, that &s;he is not <HI>&s;ui Juris,</HI> and in &s;ome &s;ort expounds and expli|cates the <HI>pote&s;tatem Viri in Vxorem;</HI> for the ma&s;ter may &s;eize and carry away his Servant, if he find him, or implead him that &s;hall keep him, and recover damages for the time he keeps him; &s;o may the Husband by his Wife; which &s;hews the propriety and intere&s;t which the Hus|baud hath in his Wife, and for lo&s;&s;e of her &s;ociety and company (though no other harm be done) he &s;hall recover damages again&s;t the detainer.</P>
<P>Nay the Husband could not repudiate his Wife, but in ca&s;e of A|dultery, for that the Bill of divorce &s;poken of in the old Law, was not given by God, but permitted by <HI>Mo&s;es,</HI> to prevent a greater mi&s;|chief; for the <HI>Jews</HI> are cruel men to their VVives, and to prevent
<PB N="39" REF="21">
<HI>Vxoricidium,</HI> he gave way to it, <HI>Sed non fuit &s;ic ab initio.</HI></P>
<P>The Ca&s;e thus &s;tated upon the impotencies and non-ability of the will of the Wife, and the ju&s;t Rule and Power of the Husband over her will and Per&s;on; tis con&s;iderable, whether by Law or Rea&s;on, a Wife departing without leave, &s;hall have allowance to live &s;eparate, which is called <HI>Alimony.</HI></P>
<P><HI>Alimony</HI> is a Thing not known at the Common or Civil Law, but in|dulged, and brought in by the Pope and his Canons, and very much put in U&s;e by the late High Commi&s;&s;ion and Prerogative Court of <HI>Canterbury,</HI> wherein, upon Sentence of Separation from Bed and Board given by that Court, the Husband was enjoyned to make allowance to the VVife, and the Husband enforcd to give &s;ecurity for the payment, &amp; many times impri&s;oned upon failer of performance; yet in tho&s;e ca&s;es, both of Bonds and Impri&s;onments, the Husband upon <HI>Habeas Corpus</HI> re|turnable in the uper Bench, where by Iudgment of that Court, di&s;char|ged of both, if the Husband cohabit, becau&s;e the Law &s;aies, <HI>Quos Deus conjunxit, nemo &s;eparet.</HI> So as without the Husbands con&s;ent no &s;e|paration could be made, and if no &s;eparation, no Alimony.</P>
<P>Nor were per&s;onall Infirmities or di&s;ea&s;es contracted after Mariage &s;ufficient cau&s;e of &s;uch &s;eparation, becau&s;e &s;he may board though not bed with &s;uch a Husband; but where the temper of the Husband was more &s;evere and violent then di&s;creet, That Court by the wi&s;dom of prevention, which is better then the wi&s;dom of remedies, did u&s;e by way of caution to take bond for the Husbands orderly u&s;age of his Wife, to prevent the crueltie whereof they had no Iuri&s;diction, but only in cau&s;es and <HI>&s;alute Animae,</HI> and not <HI>pro reformatione Morum,</HI> which be|longs to the Common Law, and where upon complaint by the Wife in that kind the Common Law will enforce the Husband to give bond to &s;ecure both life and member of his VVife from maim and death.</P>
<P><HI>And certainly</HI> Rea&s;on <HI>is again&s;t it.</HI></P>
<P>1 <HI>Rea&s;on</HI> commands obedience to Superiors, generally the Apo&s;tle puts it further for con&s;cience &s;ake, and di&s;obedience is not cheri&s;hed by any Rea&s;on.</P>
<P>2 One end of Marriage is Mutual &s;ocietie and comfort, would be a|voyded by the Act of the VVife, which is not to be admitted upon the petulant Allegation of difference betwixt her and her Husband upon per&s;onall Infirmities.</P>
<P>3 Mariage it &s;elf, and all the Laws of the VVifes &s;ubjection and ca|pacity
<PB N="40" REF="22">
by &s;o long time pronounced and received, by this meanes would be avoyded.</P>
<P>4 If God him&s;elf was plea&s;ed to &s;ay, it was not good for a Man to be alone, then &s;urely we may &s;afely &s;ay, it is not good for a VVoman to be alone; for though they are the weaker Ve&s;&s;el, and have the le&s;&s;er Rea&s;on, yet they have the &s;tronger Pa&s;sions, and more violent De&s;ires, and &s;o more &s;ubject to Temptation and Sin.</P>
<P>5 La&s;tly, for the inevitable Danger of illegitimate Ba&s;tards, and Clande&s;tine I&s;&s;ues (where the VVife is &s;eparate) who concealed til the Husbands death, are yet inheritable to his Land (though never be|gotten by him;) This Inconvenience &s;adly weighed, and how Epide|mically it may run to all Families of this Nation, is of it &s;elf a &s;uffici|ent convincing Rea&s;on, to bridle the ra&s;h hot appetit of incon&s;iderable women, and avoid all <HI>Alimony.</HI> But on the other &s;ide, If any Husband &s;hall be &s;o unju&s;t to his VVife, and unkind to his own fle&s;h, whom he is bound by Law to maintain, as to &s;eparate from her, and will not cohabite with her, <HI>Ni&s;i propter Adulterium,</HI> or will con&s;ent to &s;epa|rate, it is mo&s;t rea&s;onable he &s;hould allow her convenient mainte|nance; el&s;e he &s;hould take advantage of his own wrong and humour, and VVomen &s;hould be in wor&s;e ca&s;e and condition than Servants, who during their contract mu&s;t have their wages, which between Husband and VVife ends not till death. And it is conceived the Act of Parlia|ment, which impowreth the Lords Commi&s;&s;ioners of the Great Seal to allow <HI>Alimony,</HI> chiefly and naturally intends Relief, where the Hus|band doth repudiate, and not the VVife; the words being upon con|&s;ideration a&s;well of the Portion or E&s;tate that hath been paid, or come to the Husband by &s;uch VVife as &s;hall pray Relief.</P>
<P>And therefore in this particular Ca&s;e, it may be very ju&s;tly in&s;i&s;ted, even from the &s;ence and letter of the Act; as al&s;o that 'twas Mrs. <HI>Ivie</HI> &s;eparated her &s;elf from her Husband, 'twas not her Husband left her; Nay, after &s;he was gone, he u&s;ed all affectionated and prudential means to bring her home to Cohabit with him, neither doth he de&s;i&s;t in the pro&s;ecution of it, but hath &s;everal wayes attempted it, even un|till this day, and doth &s;till declare and prote&s;t his willingne&s;s to re|ceive her, when&s;oever &s;he will Return, and give &s;ecurity for his well U&s;age of her.</P>
<P>That &s;he wanted nothing before her departure, but was indeed main|tained far above her quality, is mo&s;t cleer from the Depo&s;itions, and it is cleer al&s;o from the Depo&s;itions, that there was no de&s;erting of her by her Husband, but that her departure was ab&s;olutely upon Advice
<PB N="41" REF="22">
and con&s;ideration de&s;igned by her &s;elf and her Abettots, e&s;pecially if your Lord&s;hips plea&s;e to remember tho&s;e unhand&s;ome corre&s;ponden|cies held by her with Gentlemen under feigned names; her frequen|ting and meeting them in &s;candalous hou&s;es in <HI>Long-Acre</HI> and other places, at un&s;ea&s;onable times of the night, under the pretence of with|drawing from her Husbaud (being a Bed) to her Devotion; Tho&s;e horrrid and dete&s;table plots upon <HI>Jane Gilbert,</HI> even to the lo&s;ing of her life; Her charging her Husband with foul di&s;ea&s;es, of which he was cleared upon Oath by the Pre&s;ident of the College and other lear|ned Phy&s;icians, And al&s;o her Contrivancies and Sollicitations to her Brother <HI>Iohn Stepkins</HI> to murder her Husband, which appears by the Oath of the &s;aid <HI>Stepkins.</HI></P>
<P>Moreover &s;eeing that there is a Caution in the Act, that the allow|ance to the repudiated Wife ought to be proportionable to the <HI>For|tune</HI> &s;he brought her Husband: May it therefore plea&s;e your Honours to under&s;tand,</P>
<P>1. That he never received any penny portion as yet, and hath great rea&s;on to doubt whether ever he &s;hall.</P>
<P>2. Becau&s;e the E&s;tate of her Father is at pre&s;ent in the afore&s;aid Tru&s;tees, and not in the Defendant, nay it is &s;o &s;etled on them, that unle&s;&s;e I can rai&s;e and &s;ecure 4000 l. more, be&s;ides 7000 l. already laid out, they are not oblighed, neither will they, nor can they, con|vay it to the Defendant, as appears by the Indenture of &s;ettlement.</P>
<P>3. In ca&s;e they &s;hould convay and &s;etle on the Defendant the &s;aid E&s;tate, 'tis only for his life, and no longer; for which E|&s;tate, being only 240 l. <HI>per annum,</HI> He has disbur&s;ed and laid out far more money than it is worth; this appears from the Indenture (<HI>viz.</HI>) a 1000 l. to Mr. <HI>Stepkins</HI> in ready money, to free the E&s;tate from in|cumbrances three years &s;ince.</P>
<P>The Intere&s;t whereof comes to 200 l. In Jewels, Pearls, Amber|greeze, Bezoar, &amp;c. to the value of 1200 l. There was al&s;o &s;pent in Law to enforce the Tru&s;tees, who were kept back and hindred by Mr. <HI>Stepkins</HI> her father, to &s;ettle the E&s;tate according to the Covenants, and for the fine and recovery 200 l. more at lea&s;t, which makes 2600 l.</P>
<P>That notwith&s;tanding all the afore&s;aid &s;ums of money have been laid out by the Defendant, the <HI>Tru&s;tees</HI> do &s;till refu&s;e to convey the E&s;tate to the Defendant, and the Plaintiffs brother (as Heir at Law) hath &s;ince the death of his Father got the po&s;&s;e&s;&s;ion of the E&s;tate, and re|ceives the Rents, I&s;&s;ues and profits thereof: In&s;omuch that the De|fendant
<PB N="32" REF="23">
hath been nece&s;&s;itated to expend great &s;ums of money to maintain &s;everal Sutes at Law, both again&s;t the Tru&s;tees and Heir at Law, in pre&s;ervation of his E&s;tate for life, which he has &s;o dearly bought as afore&s;aid.</P>
<P>That by the Plaintiffs means there has been con&s;umed and wa&s;ted of his E&s;tate 4000 l. (<HI>viz</HI>) 3000 l. &s;ince marriage &s;pent on her, 500 l. given in money, 100 l. given to Gentlemen of her familiar acquain|tance to per&s;wade her to goe into the Country, 300 l. taken in Silks and Plate from the Defendant, whil&s;t that he was at the Court of Al|dermen: He has al&s;o contracted &s;everal great debts to the value of 3000 l. be&s;ides 1000 l. &s;pent in this unhappy Sute, and mu&s;t there|fore nece&s;&s;arily (in ca&s;e 3000 l. <HI>per annum</HI> be taken from him) be ca&s;t into pri&s;on the mo&s;t part of his life (he having but 632 l. <HI>per annum</HI> of his own E&s;tate) and that for his life only, both to pay all his debts a|fore&s;aid, and to live on be&s;ide.</P>
<P>Excepting the 240 l. <HI>per annum,</HI> which if it be recovered from the Heir of <HI>Stepkins,</HI> and recovered by the Tru&s;tees, all which will yield but a &s;cant and bare maintenance for him&s;elf, Wife and Family, to rai&s;e out of it 3000 l. for the Creditors, and 4000 l. more according to the Indenture of &s;ettlement, unle&s;&s;e the Defendant be acquitted and di&s;charged of the &s;aid 4000 l. by the la&s;t Will and Te&s;tament of the Plaintiffs Father, in whom the remainder of the E&s;tate was, in ca&s;e the Defendant &s;hould have no I&s;&s;ue, or not perform the Cove|nants which he &s;tands obliged to perform in the &s;aid Deed: And though the Defendant is credibly informed, that the &s;aid remainder is di&s;po&s;ed of to the &s;aid Plaintiff, and the Defendant is al&s;o acquit|ted from all performance of any Covenants expre&s;&s;ed in the &s;aid Deed of Settlement; Yet &s;o it is, that the Plaintiff having got po&s;&s;e&s;&s;ion of the &s;aid Will, and by combination with Sir John <HI>Bramp&s;ton</HI> Knight, &amp;c. his Son, the &s;ole Executor of it, &s;till keeps and detaines the &s;aid VVill from being legally proved: In&s;omuch that the Defendant can|not make any benefit of the &s;aid E&s;tare, nor by Law enforce the Plaintiff to produce the VVill (&s;he being his VVife.) That this is not a bare &s;ugge&s;tion, I doubt not but is very evident to your Lord&s;hips, &s;he and her Sollicitor <HI>Zanchey</HI> having often avouch'd in your Lord|&s;hips pre&s;ence, that both there is &s;uch a Will, and that your Lord|&s;hips have &s;een it: This is al&s;o very well known unto her Coun&s;el Mr. <HI>Maynard,</HI> who cau&s;ed to be delivered unto Sir <HI>W. Row</HI> a true Copy of the &s;aid VVill taken from the Original, which was long in his Cu|&s;tody. But &s;uch is the Plaintiffs malice to the Defendants Per&s;on and
<PB N="43" REF="23">
E&s;tate, that &s;he &s;till &s;uppre&s;&s;es and hinders the proving of it, which is the &s;ole cau&s;e of the continuance of many great Sutes and va&s;t ex|pences to the Defendant, both with the Heirs at Law, the Execu|tors of the &s;aid Will, and Tru&s;tees of the &s;aid E&s;tate; That both the Defendant and Plaintiff mu&s;t nece&s;&s;arily be defeated of all hopes of e|ver enjoying the Fathers E&s;tate for the future, unle&s;&s;e the 4000 l. a|fore&s;aid be rai&s;ed and di&s;po&s;ed of, according as is limited and appoin|ted in the Deed of Settlement, or the &s;aid VVill proved, for in De|fault thereof, the Tru&s;tees are obliged by the &s;aid Indenture to &s;ettle the &s;aid E&s;tate on the Plaintiffs Father, and his Heirs for ever.</P>
<P>And the E&s;tate is not as yet recovered by the Defendant, but is &s;till inve&s;ted in the Tru&s;tees, (who are no parties to the&s;e proceedings) and in the po&s;&s;e&s;&s;ion of the Heir at Law; In&s;omuch that no <HI>Alimony,</HI> as the Defendant is advi&s;ed by his Coun&s;el, can be ordered from hence, becau&s;e the Ordinance of Parliament impowreth the Lords Com|mi&s;&s;ioners to allow the maintenence out of the Husbands E&s;tate, not out of any others what&s;oever. And the Plaintiff hath or ought to have in her cu&s;tody 1200 l. worth of Jewels, which were delivered her ac|cording to the Indenture of Settlement at the Inter-marriage: And in ca&s;e the Defendant &s;urvive her, ought to be re&s;tored to the De&s;en|dant, who hath too great rea&s;on to &s;u&s;pect that they are wa&s;ted and embezelled; and therefore the Defendant humbly be&s;eecheth your Lord&s;hips, that in&s;tead of giving her <HI>Alimony,</HI> you will be plea&s;ed to enforce her to give good &s;ecurity unto the Defendant, or bring the Jewels into Court, that &s;o he may not be cheated of 1200 l. by the Plaintiff and her Abettors; and unle&s;&s;e your Honours yield to &s;ecure the &s;aid jewels whil&s;t this cau&s;e depends before you, he doth not conceive where or how he can be redre&s;&s;ed from any Court of <HI>En|gland.</HI></P>
<P>That about the beginning of the&s;e unhappy differences, it was propo|&s;ed both by the Plaintiff and her Father, that in ca&s;e &s;he mighthave her liberty to live where &s;he would, that &s;he would accept of 120 l. <HI>per an|num</HI> for her maintenance, and look on it as a very good provi&s;ion, which accordingly was agreed upon, and drawn into writing, and engro&s;&s;ed, by and with the con&s;ent of Sir <HI>John Bramp&s;tone</HI> her Uncle, and <HI>Orlando Bridgeman</HI> E&s;quire, two of her Tru&s;tees; her Father al&s;o promi&s;ing that his E&s;tate &s;hould be &s;etled according to the Covenants on the Defendant, without further Sute of Law; but the &s;aid Defendant was unwilling to &s;eal it, being very tender to Act any thing that might &s;eparate him from the continual enjoyment and &s;ociety of his VVife;
<PB N="44" REF="24">
&s;o that 300 l. <HI>per annum,</HI> is more than her &s;elf, Father, Tru&s;tees and friends did think fitting by 180 l. <HI>per annum.</HI></P>
<P>That the Petition it &s;elf is both fal&s;e and &s;candalous, and hath been di&s;proved by &s;everal Witne&s;&s;es; nay the contrary al&s;o proved by Per&s;ons of Quality, that &s;he lived very plentifully in great abundance, rather beyond, than under her Quality in every re&s;pect, as the Defen|dant hopeth is mo&s;t vi&s;ible to your Honours.</P>
<P>That notwith&s;tanding &s;uch va&s;t &s;ums have been expended on her by her means, and that the &s;aid Defendant is to pay to Creditors 3000 l. and to rai&s;e 4000 l. more to be &s;ecured unto the Tru&s;tees as afore&s;aid; And that in ca&s;e he recover the Plaintiffs Fathers E&s;tate, 'twill not with his own, make above 872 l. <HI>per annum,</HI> out of which all the&s;e mo|neys mu&s;t be rai&s;ed; and in ca&s;e 300 l. <HI>per annum</HI> of this &s;hall be taken away out of the Plaintiffs Fathers E&s;tate, which he has dearly bought, and purcha&s;ed; That 'twill be impo&s;&s;ible for the Defendant to avoid perpetual Impri&s;onment, but mu&s;t be kept in Gaole, and the Creditors defrauded, and mu&s;t there peri&s;h, and him&s;elf be cheated al&s;o of 1200 l. worth of Jewels; yet he is mo&s;t willing to receive her, and take her again, and forget all former Pa&s;&s;ages what&s;oever, that &s;o they may for the future lead a peaceable and godly Life together.</P>
<P>Coun&s;el al&s;o I did retain, very many, and great ones; That in Ca&s;e the Lords &s;hould refu&s;e the Papers, and would not hear the Merits of the Cau&s;e in Publique, (in regard I might not be wanting, to lo&s;e the opportunity of that Time which they had ordered for me) I drew up al&s;o to be tendred at the &s;ame time (that (if it had been po&s;&s;ible) I might have prevented both Reading and Arguing too) this &s;hort Pe|tition following.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="petition">
<HEAD>Theodo&s;ia Ivie <HI>Plaintiff,</HI>
Thomas Ivie <HI>Defendant.</HI></HEAD>
<OPENER><HI>To the Right Honourable the Lords Commi&s;sioners for the Cu&s;tody of the Great Seal of</HI> England,</OPENER>
<HEAD>The humble Petition of <HI>Thomas Ivie,</HI> Defendant,</HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat your Petitioner (with much Horror and Amazement) doth con&s;ider the great unhappine&s;&s;e of his future life, if your Lord&s;hips &s;hall both &s;eparate him from the Society of his Wife, and take from him &s;o great a part of his E&s;tate, ha|ving &s;uch great debts to pay, as have been made appear to your Lord&s;hips.</P>
<P>That he cannot De&s;pair in the infinite Mercy of God, in who&s;e hands are the
<PB N="45" REF="24">
hearts and de&s;ires of all Mankind, But that his Wife (notwith&s;tanding &s;uch va&s;t &s;ums of Money have been wa&s;ted, and &s;uch odious a&s;per&s;ions ca&s;t on him) may yet return, and take Comfort from her Husband (being pa&s;sionately de&s;irous to receive her) if all Chri&s;tian and prudent means, may be applyed.</P>
<P>That for your Petitioners part, he doth (as in the pre&s;ence of God) forgive her from the bottom of his Soul, and is mo&s;t willing to Cohabite with her, &s;o long as he liveth on Earth.</P>
<P>That he hath often de&s;ired to expre&s;s unto her, and u&s;ed all the Iudu&s;try (as Man can imagine) but once to &s;peak with her (even before any of her friends, to let her know &s;o much) but could never obtain any &s;uch meeting from her.</P>
<P>In Order hereunto, he is very willing that a Godly and Con&s;cientious Divine, (may be received to live in hou&s;e with your Petitioner &amp; his Wife,) both to exhort and in&s;truct them in their Duties towards God, and one another; and to perform all Go&s;pel, and Family-Duties among&s;t them: for certainly the Lord will not de|ny a Ble&s;sing on tho&s;e means which he hath ordain'd; and which is unfeignedly &s;ought after by a broken and contrite Spirit. And your Petitioner will oblige him&s;elf to allow any &s;uch Mini&s;ter <HI>50 l. per annum,</HI> be&s;ides all other conveni|ences what&s;oever.</P>
<CLOSER>May it therefore plea&s;e your Lord&s;hips, not to pronounce any &s;uch hard Sentence (as <HI>Separation</HI>) but rather enjoyn your Petitioner and his Wife to live together; and to appoint any hone&s;t and religious Divine to live with them, who may ever be at hand to pray with them, and for them, and to keep up their Spirits in Peace and Unity toge|ther.
<SIGNED>And your Petitioner &s;hall pray, &amp;c. Thomas Ivie.</SIGNED> <DATELINE><DATE>Augu&s;t 24th 1652.</DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>When the Day came, and the Coun&s;el began to &s;peak, my hopes were quickly commanded to vani&s;h, and the Coun&s;el to hold their Peace; for they &s;uddenly declared, That they would not hear the Merits of the Cau&s;e.</P>
<P>With much pre&s;&s;ing, Mr. <HI>Li&s;le</HI> read the Petition; And though they took evident notice of it, yet would they not return any An&s;wer to it; or &s;o much as demand of my Wife, (who &s;tood there laughing in their Pre&s;ence) whether &s;he would return to me, or no; Only they were plea&s;ed to find fault with that word [<HI>Separation;</HI>] And told my Coun&s;el, That they neither had, or could &s;eparate our Per|&s;ons.</P>
<P><PB N="46" REF="25">The&s;e words they had no &s;ooner &s;poke, but (I confe&s;s) I laid hold on; though I had been mo&s;t hardly and &s;everely dealt withall, in the judg|ment of tho&s;e that were pre&s;ent.</P>
<P>In&s;omuch, That now I did de&s;pair, ever to find among&s;t them, and indeed, did determine to commit my Cau&s;e unto God, untill (in his due time) he &s;hould rai&s;e up Judges in our <HI>I&s;rael,</HI> who &s;hould execute Righteons Judgement, even upon tho&s;e Judges them&s;elves.</P>
<P>But in the mean time, I was advi&s;ed (which was very agreeable un|to my own Di&s;po&s;ition, not to leave any thing unattempted, which might be thought advantagious to a Union of Us,) but to go per&s;o|nally to my Wife, and per&s;wade her my &s;elf, to leave tho&s;e Per&s;ons who aymed at both our Ruines, And to return to me, (pa&s;&s;ionately willing to receive her.</P>
<P>And if &s;he &s;hould, (notwith&s;tanding) refu&s;e to &s;peak, or go with me, then to demand her of tho&s;e Per&s;ons who received her into their hou|&s;es.</P>
<P>Accordinly, (taking two civil Gentlemen) I went to her Lodging, but received a Repul&s;e from her, in&s;tead of Complyance; and then, &s;eeing Mr. <HI>William&s;on</HI> (who kept the hou&s;e) I required from him the per&s;on of my Wife, who refu&s;ing her, was &s;ued by me.</P>
<P>And upon the Tryal before my Lord Cheif Ju&s;tice <HI>Roles</HI> (a renow|ned Per&s;on) had a Verdict, Judgement and Execution of 100 l. a|gain&s;t the &s;aid <HI>William&s;on,</HI> for detaining my Wife from me.</P>
<P>Many Coun&s;els there were to argue the Ca&s;e; and the Decree it&s;elf (under the great Seal of <HI>England</HI>) was opened, read, and &s;hew|ed the Jury: But my Lord <HI>Roles</HI> quickly &s;tated the re&s;olution of the Ca&s;e in my behalf, and the Jury gave me 100 l. damages.</P>
<P><HI>William&s;on</HI> (now finding him&s;elf in a great <HI>Dilemma</HI>) either to deliver up my Wife, or him&s;elf, to ruine; and my Wife in &s;o bad a conditi|on, (notwith&s;tanding her glorious Decree) that although &s;he had 300 l. <HI>per annum,</HI> yet if &s;he could not take the liberty of her old Com|panions, or any new one (where&s;oever &s;he &s;hould be entertained) for fear of Judgement and Executions; began to take new Coun&s;el, how to free Mr. <HI>William&s;on</HI> and her &s;elf from this bondage of living under the Roof of a Husbands Hou&s;e; and the truth is, &s;ollicited it to the purpo&s;e (among&s;t her old <HI>Patrons</HI>) the Lords Commi&s;&s;ioners.</P>
<P>For with all &s;peed, <HI>William&s;on</HI> prefers a Bill in Chancery to be relee|ved again&s;t my Execution. And after he had preferted his Bill (though my An&s;wer was &s;o clear, as it could not admit of one exception) mo|ved for an <HI>Injunction</HI> (after Judgement and Execution granted at
<PB N="47" REF="25">
Law) and to protect him for keeping away my Wife; which was granted in the&s;e words, (as fully as he could de&s;ire) being ingro&s;&s;ed in Parchment and &s;ealed.</P>
<Q><TEXT>
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<DIV1 TYPE="document">
<P>THe Keepers of the Liberty of <HI>England,</HI> by Authority of Parliamemt; To <HI>Thomas Ivie</HI> E&s;quire, and to his Coun&s;ellors, Agents, and Sollicitors, and every of them, Greeting. It was informed in our Court of Chancery 10 November in&s;tant, in the behalf of <HI>George William&s;on,</HI> Pl. again&s;t you the &s;aid <HI>Thomas,</HI> that the Pls. Bill is to be relieved against an Action and Judgement, thereupon obtained again&s;t the Pl. upon pretence of the &s;aid Pls. detaining of your (the &s;aid Defendants Wife) from you; and it appearing in a <HI>Cau&s;e</HI> of <HI>Alimony,</HI> between you, the &s;aid Defendant, and your Wife, that their Lord&s;hips decreed her <HI>Alimony,</HI> during <HI>Separacion;</HI> In which time, &s;he ought to have a Habitation apart from you the &s;aid Defendant, as well as a &s;eparate maintenance, or el&s;e, the Decree were groundle&s;&s;e: And we concei|ving the doings of you (the &s;aid Defendant) to be altogether unju&s;t, Do com|mand, and by the&s;e pre&s;ents &s;trictly enjoyn you the above named <HI>Thomas Ivie,</HI> and you his &s;aid Coun&s;ellors, Attorneys, Agents, Sollicitors, and every of you, under the pain of 500 l. to be levyed of your Lands, Goods and Chattels to our u&s;e, That you, and every of you, (do from benceforth) &s;urcea&s;e and forbear all further Proceedings (at the common Law) again&s;t the Plaintiff upon the &s;aid Action and Judgement thereupon, until the &s;aid cau&s;e &s;hall be finally heard and determined before us in our &s;aid Court; And this you, nor any of you, may omit in any wi&s;e (under the penalty afore&s;aid, Witnes, our hands, at <HI>We&s;tmin&s;ter 10 November, 1653.</HI></P>
<CLOSER>Vera Copia ex <SIGNED>May.</SIGNED></CLOSER>
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<P>This <HI>Injunction</HI> (being now granted, Signed and Sealed, with the Commi&s;&s;ioners hands under the great Seal of <HI>England</HI>) is the Accom|pli&s;hment of all their De&s;igns; and the compleating of my Mi&s;ery; though the Courts of Law, both could and have (in &s;ome mea&s;ure) relieved me; yet is the power of it re&s;trained by this <HI>Injunction;</HI> which indeed I &s;uppo&s;e can be called nothing el&s;e, than a perfect <HI>Separation</HI> and <HI>Divorce:</HI> whether the Chancery (being &s;tiled the high Court) ever receives from any Parliaments, &s;uch an unlimited power as this, It behooves them to make out unto your Highne&s;s.</P>
<P>Tis the opinion, both of the greate&s;t and hone&s;te&s;t Coun&s;el of <HI>Eng|land;</HI> That no parallel for this Ca&s;e, no Pre&s;ident of the like Nature, is to be found on Record; Nay, they are not backward to aver, That it is as contrary to the Word of God, the Law of the Nations, the
<PB N="43" REF="26">
Civil Law, the Law of our own Country, as well as the Practice of the Chancery it &s;elf.</P>
<P>Once did that Court (by its own Authority) i&s;&s;ue out a Seque&s;tra|t<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">on upon a Gentlemans E&s;tate, and it was by very many Per&s;ons ad|mired, and murmur'd at; but never could I near, that they ever &s;eque|&s;tred Women from their Husbands.</P>
<P>Were there not a &s;uperiour Juri&s;dict on over this Court, (who&s;e Determinations &s;eems too too Arbitrary,) being grounded &s;olely up|pon the Opinions (not to &s;ay the Pa&s;&s;ions or Aff<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">ctions) of two or three Erring men, what a mi&s;erable Bondage and Slavery were this Nation in? what Benefit could we expect from all the good Laws of former Ages, if their power may be qu<GAP DESC="illegible" RESP="OXF" EXTENT="3 letters">'d, or &s;uppre&s;t at the plea|&s;ure of the Chancery? They might have (for ought I know) made an Injunction al&s;o, that I &s;hould never complain; and if I had attemp|ted to have made known my Ca&s;e, to have aid me by the heels.</P>
<P>But ble&s;&s;ed be the name of our God <HI>Jehovah,</HI> who&s;e extraordinary Providence hath been vi&s;ible in this Land, that he hath rai&s;ed up and &s;etled your Highne&s;s to be next under him&s;elf the Supreme Di&s;pen&s;er of Ju&s;tice and Righteou&s;ne&s;s to the&s;e Nations, which the Lord has happily placed under your Highne&s;s Government. By which means we have a ju&s;t confidence to be a&s;&s;ur'd, having had many Experiences already of your Highne&s;&s;es &s;ingular piety and ju&s;tice in tho&s;e &s;everall &s;tations where the Lord has formerly placed you, That there &s;hall be no more complainings made, either in our &s;treets, or in the very cor|ners of our Country, but &s;hall be heard, and relieved even again&s;t the Great Ones among&s;t us.</P>
<P>Tis your Highne&s;s power therefore which I implore; tis only your power can free me from tho&s;e Fetters which are laid upon me by the Lords Commi&s;&s;ioners; only your power that can repair me for t<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">e Injuries done, (both to my Per&s;on and E&s;tate, which I have undergon) by Rea&s;on of my &s;educed Wife; Tis you alone, that can re&s;tore me the Benefit of the Law, again&s;t tho&s;e that have been Incendiaries and Abettors of the&s;e unnatural differences between us: That &s;o my Repu|tation (which hath been a long time clouded) may be made cleer; my Per&s;on (which hath continually been mole&s;ted with Catchpoles by my Wifes means) may be at length free; And that I may be in a condition to &s;atisfie my Creditors (their ju&s;t debts) who&s;e Pur&s;es have &s;upported me; and that a final end may be put to the&s;e unnatural dif|ferences, concerning my Wife, as in Ju&s;tice and Con&s;cience &s;hall &s;eem meet unto your Highne&s;s.</P>
<P><PB N="49" REF="26">In order to this, I have deliver'd in my Petition, and the &s;tate of my Ca&s;e, to Mr. <HI>Sadler,</HI> and Mr. <HI>Long,</HI> to be delivered unto your High|ne&s;s. <HI>In the&s;e words.</HI></P>
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<OPENER><SALUTE>To the Parliament for the Commonwealth of <HI>England.</HI></SALUTE></OPENER>
<HEAD>The humble Petition of <HI>Thomas Ivie</HI> E&s;quire,</HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat your Petitioners Wife very &s;uddenly after her Intermarriage with him, having got from him a Joynture of <HI>1000 l. per annum,</HI> with <HI>1000 l.</HI> in ready money to be left her at the time of his death, and <HI>1200 l.</HI> in Jewels, <HI>600l.</HI> worth of Cloaths, <HI>500 l.</HI> in ready money, and accommodation to the value of <HI>3000 l.</HI> in le&s;s than 18 moneths time, (and all this without one penny portion with her) hath not only de&s;erted his Company, but hath preferr'd a &s;candalous Petition to the Lords Commi&s;sioners for the Great Seal again&s;t him, yet nothing material proved.</P>
<P>That by the&s;e unnatural Cour&s;es, &s;he hath cau&s;ed him to &s;pend <HI>3000l.</HI> in this and Twelve other Sutes at Law; by which means afore&s;aid, your Petitioner is become indebted at this pre&s;ent time <HI>3000l.</HI> more at lea&s;t.</P>
<P>That he hath often tendred unto the &s;aid Commi&s;sioners his Willingne&s;s to re|ceive her, and to give any &s;ecurity which they can require, to u&s;e her with all lo|ving Re&s;pects becomming a good Husband.</P>
<P>Notwith&s;tanding the &s;aid Commi&s;sioners have allowed her <HI>300 l. per an.</HI> A|limony; and refu&s;ed to hear the Merits of the Cau&s;e, though they had ordered it under their hands; and have al&s;o granted an Injunction to protect &s;uch (who keep the Per&s;on of his Wife from him) contrary to Law.</P>
<P>In&s;omuch, that your Petitioner hath no Remedy left in Law or Equity (All which more clearly appears by the State of his Ca&s;e and Narrative hereunto an|nexed.)</P>
<CLOSER>May it therefore plea&s;e your Honours to commi&s;erate his &s;ad condition; and (in regard &s;he ob&s;tinately refu&s;eth to Cohabit with him in the Quality of a Wife) to vacate the &s;aid Order of 300 l. <HI>per annum;</HI> and to null the &s;aid Joynture of 1000 l. <HI>per annum,</HI> and 1000 l. in ready money; and to enforce her to return the 1200 l. in Jewels, whereby your Petitioner may be inabled to &s;atisfie his Creditors their ju&s;t debts; and that Re|paration and Satisfaction may be made, both to his Reputati|on and E&s;tate, as &s;hall &s;eem meet to your Honours Wi&s;doms and Ju&s;tice.
<SIGNED>And your Petitioner, &amp;c.</SIGNED></CLOSER>
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<PB N="50" REF="27">
<HEAD>To the Parliament for the Common-wealth of <HI>England.</HI></HEAD>
<HEAD TYPE="sub">The State of the Ca&s;e of <HI>Thomas Ivie</HI> E&s;quire.</HEAD>
<P>THat Mr. <HI>Ivie</HI> about <HI>October</HI> 1649. took to Wife <HI>Theodo&s;ia Garret</HI> Widdow, Daughter of <HI>Iohn Stepkins</HI> <ABBR>E&s;q</ABBR> on whom, by rea&s;on of the great affection, which he bore unto her, he &s;etled 1000l. <HI>per an. oyn|ture,</HI> and gave al&s;o &s;ecurity to leave her 1000 l. in ready money at the time of his death, and this without any con&s;ideration of a Portion from her Father, or any E&s;tate left her by her former Husband, who not only left her without a Joynture, but in debt al&s;o.</P>
<P>That the &s;aid <HI>Stepkins</HI> perceiving how really Mr. <HI>Ivie</HI> &s;tood affected to his &s;aid Danghter, and with what cheerfulne&s;s and willingne&s;s he was re&s;olved to &s;ettle all his E&s;tate for the good and preferment of his &s;aid Daughter; was content, that if Mr. <HI>Ivie</HI> would free his the &s;aid <HI>Stepkins</HI> E&s;tate, which was 240 l. <HI>per annum</HI> then encumbred with &s;everal debts, or pay a 1000 l. towards the &s;ame, and deliver into the hands of the &s;aid Daughter 1200 l. in Jewels that then it &s;hould be &s;et|led on Mr. <HI>Ivie</HI> for his life, and afterwards to the u&s;e of his Daughter for her life; And in ca&s;e, he had no I&s;&s;ue by her, then to the Heirs general of the &s;aid <HI>Stepkins,</HI> or &s;uch as the &s;aid <HI>Stepkins</HI> &s;hould limit &amp; appoint.</P>
<P>Whereupon Mr. <HI>Ivie</HI> did deliver unto the &s;aid <HI>Theodo&s;ia</HI> rich Jewels to the value of 1200 l. in ready money to the &s;aid <HI>Stepkins</HI> to free his E&s;tate accordingly.</P>
<P>That Mr. <HI>Ivie</HI> then expected a reciprocal return of his affecti|on, which he had &s;o cordially demon&s;trated: But when the &s;aid 1000 l. was paid, and a firm and legal &s;ettlement of the Joynture made, and the Jewels delivered to his &s;aid Wife, He found great rea|&s;on to u&s;pect, that 'twas rather his Fortune than him&s;elf, which &s;he had wedded: For &s;he not only &s;ought all means to avoid <GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">is Compa|ny, but cho&s;e out tho&s;e as &s;he thought might be mo&s;t offen&s;ive to him, and &s;uch (whom by rea&s;on of the &s;candal they lay under) he had prohibited her to conver&s;e with.</P>
<P>Notwith&s;tanding, &s;eeing it was the plea&s;ure of the Lord to unite them in &s;o near a union; Mr. <HI>Ivie</HI> was re&s;olved not to leave any fair and hone&s;t motives (either of Purle or Per&s;wa&s;ion) unattempted, which might encline her affection towards him; and in order here|unto (there was nothing which &s;he ever propo&s;ed, which might be for her content) that he did deny unto her: And in le&s;&s;e than four|teen Moneths, &s;he expended in apparel, 600 l. in ready money 500l.
<PB N="51" REF="27">
and for other Accommodations about 2800 l. be&s;ides the 1200 l. in Jewels, and 1000 l. in mone&punc; afore&s;aid; which amounts to 6100 l. Nay, the Gifts were &s;o great he be&s;towed on her, That he &s;uppo&s;eth, &s;he was even a&s;hamed to reque&s;t any more from him.</P>
<P>Nevertheles &s;he, by the evil coun&s;el of her Confederates (while he was at the Court of Aldermen) did convey out of his hou&s;e Plate, and rich Ea&s;t-India &s;tuffs, to the value of 300 l. and divers other goods, which were by her and her Confederates carried away and imbezel|led.</P>
<P>That Mr. <HI>Ivie</HI> now finding his own E&s;tate, as well as his Wifes Af|fection, too too vi&s;ibly declining; and that nothing could attend &s;uch an unhappy condition, but Ruine and Di&s;honour, to prevent both, per&s;waded his &s;aid Wife to retire with him for a while to his E&s;tate in the Country; thinking thereby to take her off from the Temptations of tho&s;e &s;educing Per&s;ons, who engaged her in &s;uch pernicious cour|&s;es.</P>
<P>But in&s;tead of a complyance, he found a greater Ob&s;tinacy than ever; neither could her own friends, (who then per&s;waded her to leave the City for a while) prevail with her. And that there might be no In|du&s;try wanting to per&s;wade her, he gave 100 l. to two Per&s;ons of her familiar Acquaintance, to be urgent and &s;ollicitous to endeavour the Accompli&s;hment of his de&s;ire.</P>
<P>But by the Practi&s;es of the &s;aid Confederates, &s;he was &s;educed to the preferring of a vile, &s;candalous, and fal&s;e Petition to the Lords Commi&s;&s;ioners again&s;t Mr. <HI>Ivie</HI> for obtaining <HI>Alimony;</HI> but not one &s;yllable of her &s;ugge&s;tions proved again&s;t him: Nay, the contrary proved by Mr. <HI>Ivie,</HI> by the &s;everall Te&s;timonies of many Per&s;ons of good Quality and Reputation, as appears by the Depo&s;itions them|&s;elves, be&s;ides his own Oath which he made in an&s;wer to the &s;canda|lous a&s;per&s;ions ca&s;t upon him.</P>
<P>Notwith&s;tanding this Vindication, after two years dependance in the Chancery, and the Expences of almo&s;t 3000 l. in this unnatural, and twelve other Sutes at Law, (which were commenc'd again&s;t him, by the means of this Sute) &s;he obtained from the Lords Commi&s;&s;io|ners an Order in private for 300 l. <HI>per ann. Alimony.</HI></P>
<P>(Notwith&s;tanding Mr. <HI>Ivie</HI> was alwayes ready to receive her, and u&s;e her in a<GAP DESC="illegible" RESP="OXF" EXTENT="1 letter">l Re&s;pects according to her Quality neither, Mr. <HI>Ivie</HI>) nor his Coun&s;el being pre&s;ent, Notwith&s;tanding they declared, That they would &s;end for Mr. <HI>Ivie,</HI> <GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"> they would give Judgement in the Ca&s;e; But never as yet did, nor ever yet heard the Merits of the
<PB N="52" REF="28">
Cau&s;e; which (in re&s;pect of the proceedings) was contrary to the Rules of the Court; and in re&s;pect of the Allowance (in ca&s;e Mr. <HI>Ivie</HI> had been guilty of the Complaint) contrary to the Act of Parlia|ment.</P>
<P>Having thus Affliction added to Affliction, and being in Debt by the means of his &s;aid Wife above 3000 l. And having not where|withall to &s;ell to pay his Creditors, (And in regard the Rever&s;ion of his E&s;tate is &s;etled on his &s;aid Wife) he attended almo&s;t a year up|on the Lords Commi&s;&s;ioners for his Relief, that they would be plea|&s;ed but to grant him a fair hearing upon the Merits of the Cau&s;e, in pre&s;ence of both parties, with their Coun&s;el; which was by their Or|der accordingly granted, and a Day by them appointed.</P>
<P>But when the Day came, and Mr. <HI>Ivie</HI> had retained to his great charge, many great Coun&s;el, the Lords Commi&s;sioners ab&s;olutely re|fu&s;ed to hear the &s;aid Cau&s;e; which hath expo&s;ed the &s;aid Mr. <HI>Ivie</HI> and his Wife to all manner of Temptations, and their Per&s;ons and E&s;tates to utter Ruine.</P>
<P>And although at the &s;ame time Mr. <HI>Ivie</HI> did Reque&s;t the &s;aid Lords Commi&s;sioners to recommend any godly Mini&s;ter, whom they them|&s;elves &s;hould chu&s;e to live in hou&s;e with him and his Wife (as an Ex|pedient to a Peace and Reconciliation between them) for which he obliged him&s;elf to allow any &s;uch Mini&s;ter 50 l. <HI>per annum,</HI> be&s;ides all other fitting Accommodations what&s;oever; yet was this Propo&s;all flighted by them, and laugh'd at by his &s;aid Wife, even in the pre|&s;ence of their Lord&s;hips.</P>
<P>And &s;ince that time Mr. <HI>Ivie</HI> having &s;ued tho&s;e (who received her, and denyed her unto him) and obtained by ju&s;t proceedings in Law, a Judgement and Execution again&s;t &s;uch Per&s;ons, The Lords Com|mi&s;&s;ioners have notwith&s;tanding granted their <HI>Injunction</HI> for their <HI>Pro|tection.</HI></P>
<P>In&s;omuch, that they have now effected an ab&s;olute Separation; which is contrary to the Law of the Nation, and the Act of Parliament for <HI>Alimony</HI> it &s;elf; which was declared by my Lord Chief Ju&s;tice <HI>Roles</HI> upon Reading the Decree for <HI>Alimony.</HI></P>
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