Creditors for had I stayed longer I must of necessity have been carryed to Prison or at least to my Grave For I was so much troubled and griev'd in mind at your unkindness and want of money that I thought my heart would have broken which so transported me that I knew not what I did when I left you Yet notwithstanding your unkindness to me if you can borrow 30 l. of any Friend of ours to supply your present occasions I will see it satisfied if not I shall willingly consent that you pawn some of your Jewels for so much money and when the India ships come home God willing I shall redeem them for you again and when I have paid my Debts you shall command me and my Estate which shall be at your disposure I should rejoyce to see you and my Father Stepkins here Therefore Dear Heart When you have a mind to come unto me advise me and I shall wait upon you to bring you down And when you are weary of my Company and Entertainment in the Country where my self and all that I have shall be at your Disposure I shall when you please return again with you to London and ever remain Your most affectioned Husband Thomas Ivie Malmsbury 24 March 1650. Instead of a Complying answer which I expected for We cannot easily despair of Things We passionately desire I received this Summons from the Lords Commissioners of the Great Seal to appear before them WHereas Theodosia your Wife hath on this present day preferr'd her humble Petition unto us the Lords Commissioners of the Great Seal of England Thereby praying Allowance of Alimony as by her said Petition remaining with us doth appear We do at her instance give you Notice thereof Requiring you hereby to make your personal appearance before Vs on the thirtieth day of this Instant to speak with Vs about the same Richard Keeble John Lisle Middle Temple the 11 day of April 1651. Immediately laying aside all my Business as fast as Passions and Spurs could quicken I repaired to the Chancery where I found to my great astonishent this false and scandalous Libel under the Title of a Petition for Alimony preferr'd against me The humble Petition of Theodosia Ivie Plaintiff Wife of Thomas Ivie Defendant THat She being the Daughter of John Stepkins Esq and married to the Defendant who hath without any cause given him not only deserted her Company but left her destitute of all manner of Means for her Livelihood and Subsistence And that during the time she cohabited with him she hath not only been in great Danger of her Life by bis Cruel Vsages and unjust contrivances but by some means occasioned by the Defendant she hath been very Weak and Infirm And hath received from him such Infirmities not becomming a Husband to conferr on his Wife And that by reason of his said cruelties and the peril of receiving from him Diseases of Dangerous consequence she could not cohabite with him as his Wife without eminent peril of her Life And the Defendant was not only departed from her but utterly denied to allow her any convenient Support And that for meer necessity she had contracted some small debts And therefore she prayed the speedy Aid of the Court And that They would summon the Defendant before Them that upon hearing her just complaints she might be relieved and have such fitting Allowance by way of Alimony granted to her as to the Court should seem meet And that for the present she may have some convenient Allowance for Expences in this Sute she being otherwise unable to proceed therein To which having sought Patience from above I returned this answer That 't is true he Married the Plaintiff and hath ever since used her with the Respects of an affectionate Husband to a loving Wife and neither hath nor did intend to desert her Company but much desires it if he may find respectfull carriage from her and is so far from leaving her destitute of all means that since his Marriage which was not then above eighteen Moneths he had furnished her with Jewels and Pearl to the value of 1200 l. besides Apparel which cost him above 200 l. All which Pearl and Jewels she had in her Possession in March then last past when the Defendant went to his dwelling-house in Wiltshire at which time he not only sollicited her to go and dwell with him but promised her upon the Enjoyment of her in the Country to resign both himself and his Estate to her Commands and Disposall That he hath likewise paid her Father 1000 l. for which he should have setled upon the Defendant some Estate of Inheritance for her Portion which is all the Fortune he ever expected with her whereof he hath not received the value of one penny That he allowed her for Clothes money and otherwife for her use above 800 l. And during the time he hath lived with her he hath spent in Housholdstuff House-rent and House-keeping 2870 l. so that in eighteen Months he hath spent with her 6000 l. And this he mentions not as if he repented of his Kindness to her but to evidence to their Lordships that there is no just cause of Complaint against him for not allowing her Maintenance That he never acted any thing of Danger or Cruelty or that might occasion any infirmity to her nor was there ever any Disagreement or any Cause why she should separate from him But her desire was to live in London a place neither agreeable to the Defendants health or Estate He having already by reason thereof contracted many Debts And confesseth that having by consent of her Father and her self bought an Estate in Wiltshire situate in a healthfull air and a place of much conveniency delight and profit He hath many times by Letters in Person and by Friends earnestly desired her to live with him at his said house in the Country where she shall want for nothing in his power for her use and conveniency and care shall 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 thirsteth after and is not a little grieved there should be any Question of it That he took such Order presently after his going into the Country whereby the Plaintiff was supplyed with monies for her present occasions and presumes the foul scandals suggested in the Petition are well known to the Plaintiff to have so little colour of Truth in them as he hopes the same were put into the Petition as words of Course rather than by her Direction And he utterly denies the same and therefore he hopes he shall not be ordered to make Allowance to the Petitioner as in the Petition she demands Could ever any Man suspect to be thus dealt withall by a Woman that had plighted her faith in Marriage to one who had setled so great a Joynture given her so many Gifts so much Money Jewels
and all other accommodations whatsoever in the greatest Plenty for the Consideration of Nothing Certainly amongst the Indians themselvs have I not seen so great perfidiousness Now had I just Reason to suspect 't was not only the malicious Counsels of her wicked Abettors was the cause of her inhumanity towards me but that she had in her own Brest a Principle of Enmiry and dissatisfaction even to the Relation of being my Wife Nay seeing the Scene appears t is too easie to understand what Plot is laid and concluded If she can survive me which she thinks very probable and hath no issue of our two bodies which she is resolved never to have by keeping her self from me Then will she be a Fortune indeed and her Widdowhood be worth its weight in Gold And if in the mean time during my life she can have from the Lords Commissioners by way of Alimony 300 per annum she will think her self in a better condition than her father who had but 240 l. per annum both for himself and his whole Family And to prosecute the Sute she hath 1200l worth of Jewels already and 500l in ready Cash advanced and her Husband much in debt so that peradventure she may outspend him also even at Law But to obtain this glorious design many difficulties are to be pass'd through And though she herself hath resolved to calumniate vehemently presuming that somewhat will gain a Belief amongst many yet will not this be enough and therefore Witnesses must be prepared of as large Consciences as Foreheads And for their better encouragement They shall participate in the Gain and Advantage Welcome Expressions and Opportunities to such Persons whose defamed Lives and necessitous Fortunes rendred them neither in a Capacity to live or converse with People of any Honesty or Reputation As for her part her suggestions and insinuations were high indeed much fear she pretended for had it been more than a Pretence all had been accomplished and my life lost lest she should participate of the Sins and Punishments of Sodom and Gomorrah And as for her body she durst not trust that with me lest at any time being Morose and Cholerick I should injure her by Blows or if kind I should infect her with unclean diseases To enforce these Motives upon the Minds of all People who now took notice of these distractions Never was there a more exquisite Vizard of Modesty put on by a Woman Never were Expressions of Religion more distorted to an ill end no Projects and Practices of Obscenity and Murder it self were wanting to colour these malicious devices against me Nay so grossely infatuated was she in her scandall that she represented my person to be more like to a Monsters than a Mans. Her Abettors are not wanting in acting their parts also What she insinuated they converted into clamours neither stuck to depose any thing what possibly could be believ'd to be sworn by them without any apparent contradiction Having thus prepossessed the Ears of as many Persons of Quality as she could and framed a Harmony of Testimonies as well as of Witnesses with as much Art and Cunning as her own Wit or her Abettors or the matter it self could supply she took out with much eagernesse a Commission out of the Court to make what proof she could of her Petition Notwithstanding this further provocation also my Lips were lock'd up with silence as well as my Heart with sorrow not retaliating Evil for Evil in the least measure or so much as intimating unto her of her first Follies which if they were published by me might have raised a great Cloud upon her Reputation Neither was I content to be totally Passive of what injuries had passed but was resolved not to leave any means unattempted to reclaim her from these extravagancies And thereupon went unto her in Person with Mr. Escot Serjeant Middleton and Mr. Booth at Mr. Zancheys house he himself being present and with as much Rhetorick as my real affection to her could dictate did passionately move her to a Reconciliation shewing what Scandal and dishonour would follow such differences and promising withal a perfect Oblivion of whatsoever had been acted against me And to fortifie my arguments the better I desired all those Gentlemen there present to do the office of Christian Moderators and to endeavour to stop the Breaches between us which were too wide already Neverthelesse by how much the more weight she perceived in our Reasons the more obstinacy she discovered in her returns utterly rejecting any agreement upon what terms soever Hereupon suspecting in her the apparent Symptoms of a sear'd Conscience and how that by my silence the World began to infer a main Guilt of those Aspersions which had been divulged against me Upon the serious advice of my Counsel though I cannot but acknowledge a very great Reluctancy thereunto I was perswaded to examine Witnesses also both to vindicate my own integrity and to discover unto the world the Grand Cheat that was contrived to gain my Estate which could no otherwise be accomplished without defaming my Person and if it were possible to take away my life also which shall evidently appear anon But before I shall give an Account of the proofs which were made on my behalf I shall according to her own forwardnesse and Method give your Highness a short view what was attested for her One swore That he saw me squieze her at eleven a clock one night as She was going down stairs Another that she heard my Wife complain of ill usage but though she lived in house with us never heard me give an ill word to her Another heard her cry out Help Help Murder Murder and saw me take her by the Throat Though I refer my self to my Affidavit on Oath yet when I shall manifest it That this Woman who swore this was brought in that very night and next morning conveyed away I suppose 't will be no difficult thing to perswade any one to believe that this Creature was brought in on purpose to be a Witnesse against me The Woman that swore this was brought in that very night on purpose to be a Witnesse and the next morning went away again One Measter a pretended French Physician swore that she was ill and that there was a suspition of Poyson but this was five moneths after she left me and was commonly reported to have the Pox which being a Venemous Disease the Frenchman might safely swear with a mental Reservation the frequent Practice of his Countrey-men there was a suspition of Poyson This is the substance of what was sworn against Me and should I name the Persons of the Witnesses they were more mean than their Testimonies The Chief of them was her Aunt Mistress Williamson of whom I shall say no other but that her Way and Living is after the rate of 300 or 400l per annum though it be well known That neither her Husband nor her self have any Profession to
appointed in the Deed of Settlement or the said VVill proved for in Default thereof the Trustees are obliged by the said Indenture to settle the said Estate on the Plaintiffs Father and his Heirs for ever And the Estate is not as yet recovered by the Defendant but is still invested in the Trustees who are no parties to these proceedings and in the possession of the Heir at Law Insomuch that no Alimony as the Defendant is advised by his Counsel can be ordered from hence because the Ordinance of Parliament impowreth the Lords Commissioners to allow the maintenence out of the Husbands Estate not out of any others whatsoever And the Plaintiff hath or ought to have in her custody 1200 l. worth of Jewels which were delivered her according to the Indenture of Settlement at the Inter-marriage And in case the Defendant survive her ought to be restored to the Desendant who hath too great reason to suspect that they are wasted and embezelled and therefore the Defendant humbly beseecheth your Lordships that instead of giving her Alimony you will be pleased to enforce her to give good security unto the Defendant or bring the Jewels into Court that so he may not be cheated of 1200 l. by the Plaintiff and her Abettors and unlesse your Honours yield to secure the said jewels whilst this cause depends before you he doth not conceive where or how he can be redressed from any Court of England That about the beginning of these unhappy differences it was proposed both by the Plaintiff and her Father that in case she mighthave her liberty to live where she would that she would accept of 120 l. per annum for her maintenance and look on it as a very good provision which accordingly was agreed upon and drawn into writing and engrossed by and with the consent of Sir John Brampstone her Uncle and Orlando Bridgeman Esquire two of her Trustees her Father also promising that his Estate should be setled according to the Covenants on the Defendant without further Sute of Law but the said Defendant was unwilling to seal it being very tender to Act any thing that might separate him from the continual enjoyment and society of his VVife so that 300 l. per annum is more than her self Father Trustees and friends did think fitting by 180 l. per annum That the Petition it self is both false and scandalous and hath been disproved by several Witnesses nay the contrary also proved by Persons of Quality that she lived very plentifully in great abundance rather beyond than under her Quality in every respect as the Defendant hopeth is most visible to your Honours That notwithstanding such vast sums have been expended on her by her means and that the said Defendant is to pay to Creditors 3000 l. and to raise 4000 l. more to be secured unto the Trustees as aforesaid And that in case he recover the Plaintiffs Fathers Estate 't will not with his own make above 872 l. per annum out of which all these moneys must be raised and in case 300 l. per annum of this shall be taken away out of the Plaintiffs Fathers Estate which he has dearly bought and purchased That 't will be impossible for the Defendant to avoid perpetual Imprisonment but must be kept in Gaole and the Creditors defrauded and must there perish and himself be cheated also of 1200 l. worth of Jewels yet he is most willing to receive her and take her again and forget all former Passages whatsoever that so they may for the future lead a peaceable and godly Life together Counsel also I did retain very many and great ones That in Case the Lords should refuse the Papers and would not hear the Merits of the Cause in Publique in regard I might not be wanting to lose the opportunity of that Time which they had ordered for me I drew up also to be tendred at the same time that if it had been possible I might have prevented both Reading and Arguing too this short Petition following Theodosia Ivie Plaintiff Thomas Ivie Defendant To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England The humble Petition of Thomas Ivie Defendant Sheweth THat your Petitioner with much Horror and Amazement doth consider the great unhappinesse of his future life if your Lordships shall both separate him from the Society of his Wife and take from him so great a part of his Estate having such great debts to pay as have been made appear to your Lordships That he cannot Despair in the infinite Mercy of God in whose hands are the hearts and desires of all Mankind But that his Wife notwithstanding such vast sums of Money have been wasted and such odious aspersions cast on him may yet return and take Comfort from her Husband being passionately desirous to receive her if all Christian and prudent means may be applyed That for your Petitioners part he doth as in the presence of God forgive her from the bottom of his Soul and is most willing to Cohabite with her so long as he liveth on Earth That he hath often desired to express unto her and used all the Iudustry as Man can imagine but once to speak with her even before any of her friends to let her know so much but could never obtain any such meeting from her In Order hereunto he is very willing that a Godly and Conscientious Divine may be received to live in house with your Petitioner his Wife both to exhort and instruct them in their Duties towards God and one another and to perform all Gospel and Family-Duties amongst them for certainly the Lord will not deny a Blessing on those means which he hath ordain'd and which is unfeignedly sought after by a broken and contrite Spirit And your Petitioner will oblige himself to allow any such Minister 50 l. per annum besides all other conveniences whatsoever May it therefore please your Lordships not to pronounce any such hard Sentence as Separation but rather enjoyn your Petitioner and his Wife to live together and to appoint any honest 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 together And your Petitioner shall pray c. Thomas Ivie August 24th 1652. When the Day came and the Counsel began to speak my hopes were quickly commanded to vanish and the Counsel to hold their Peace for they suddenly declared That they would not hear the Merits of the Cause With much pressing Mr. Lisle read the Petition And though they took evident notice of it yet would they not return any Answer to it or so much as demand of my Wife who stood there laughing in their Presence whether she would return to me or no Only they were pleased to find fault with that word Separation And told my Counsel That they neither had or could separate our Persons These words they had
is you alone that can restore me the Benefit of the Law against those that have been Incendiaries and Abettors of these unnatural differences between us That so my Reputation which hath been a long time clouded may be made cleer my Person which hath continually been molested with Catchpoles by my Wifes means may be at length free And that I may be in a condition to satisfie my Creditors their just debts whose Purses have supported me and that a final end may be put to these unnatural differences concerning my Wife as in Justice and Conscience shall seem meet unto your Highness In order to this I have deliver'd in my Petition and the state of my Case to Mr. Sadler and Mr. Long to be delivered unto your Highness In these words To the Parliament for the Commonwealth of England The humble Petition of Thomas Ivie Esquire Sheweth THat your Petitioners Wife very suddenly after her Intermarriage with him having got from him a Joynture of 1000 l. per annum with 1000 l. in ready money to be left her at the time of his death and 1200 l. in Jewels 600l worth of Cloaths 500 l. in ready money and accommodation to the value of 3000 l. in less than 18 moneths time and all this without one penny portion with her hath not only deserted his Company but hath preferr'd a scandalous Petition to the Lords Commissioners for the Great Seal against him yet nothing material proved That by these unnatural Courses she hath caused him to spend 3000l in this and Twelve other Sutes at Law by which means aforesaid your Petitioner is become indebted at this present time 3000l more at least That he hath often tendred unto the said Commissioners his Willingness to receive her and to give any security which they can require to use her with all loving Respects becomming a good Husband Notwithstanding the said Commissioners have allowed her 300 l. per an. Alimony and refused to hear the Merits of the Cause though they had ordered it under their hands and have also granted an Injunction to protect such who keep the Person of his Wife from him contrary to Law Insomuch that your Petitioner hath no Remedy left in Law or Equity All which more clearly appears by the State of his Case and Narrative hereunto annexed May it therefore please your Honours to commiserate his sad condition and in regard she obstinately refuseth to Cohabit with him in the Quality of a Wife to vacate the said Order of 300 l. per annum and to null the said Joynture of 1000 l. per annum and 1000 l. in ready money and to enforce her to return the 1200 l. in Jewels whereby your Petitioner may be inabled to satisfie his Creditors their just debts and that Reparation and Satisfaction may be made both to his Reputation and Estate as shall seem meet to your Honours Wisdoms and Justice And your Petitioner c. To the Parliament for the Common-wealth of England The State of the Case of Thomas Ivie Esquire THat Mr. Ivie about October 1649. took to Wife Theodosia Garret Widdow Daughter of Iohn Stepkins Esq on whom by reason of the great affection which he bore unto her he setled 1000l per an. oynture and gave also security to leave her 1000 l. in ready money at the time of his death and this without any consideration of a Portion from her Father or any Estate left her by her former Husband who not only left her without a Joynture but in debt also That the said Stepkins perceiving how really Mr. Ivie stood affected to his said Daughter and with what cheerfulness and willingness he was resolved to settle all his Estate for the good and preferment of his said Daughter was content that if Mr. Ivie would free his the said Stepkins Estate which was 240 l. per annum then encumbred with several debts or pay a 1000 l. towards the same and deliver into the hands of the said Daughter 1200 l. in Jewels that then it should be setled on Mr. Ivie for his life and afterwards to the use of his Daughter for her life And in case he had no Issue by her then to the Heirs general of the said Stepkins or such as the said Stepkins should limit appoint Whereupon Mr. Ivie did deliver unto the said Theodosia rich Jewels to the value of 1200 l. in ready money to the said Stepkins to free his Estate accordingly That Mr. Ivie then expected a reciprocal return of his affection which he had so cordially demonstrated But when the said 1000 l. was paid and a firm and legal settlement of the Joynture made and the Jewels delivered to his said Wife He found great reason to uspect that 't was rather his Fortune than himself which she had wedded For she not only sought all means to avoid â—is Company but chose out those as she thought might be most offensive to him and such whom by reason of the scandal they lay under he had prohibited her to converse with Notwithstanding seeing it was the pleasure of the Lord to unite them in so near a union Mr. Ivie was resolved not to leave any fair and honest motives either of Purle or Perswasion unattempted which might encline her affection towards him and in order hereunto there was nothing which she ever proposed which might be for her content that he did deny unto her And in lesse than fourteen Moneths she expended in apparel 600 l. in ready money 500l and for other Accommodations about 2800 l. besides the 1200 l. in Jewels and 1000 l. in mone aforesaid which amounts to 6100 l. Nay the Gifts were so great he bestowed on her That he supposeth she was even ashamed to request any more from him Nevertheles she by the evil counsel of her Confederates while he was at the Court of Aldermen did convey out of his house Plate and rich East-India stuffs to the value of 300 l. and divers other goods which were by her and her Confederates carried away and imbezelled That Mr. Ivie now finding his own Estate as well as his Wifes Affection too too visibly declining and that nothing could attend such an unhappy condition but Ruine and Dishonour to prevent both perswaded his said Wife to retire with him for a while to his Estate in the Country thinking thereby to take her off from the Temptations of those seducing Persons who engaged her in such pernicious courses But instead of a complyance he found a greater Obstinacy than ever neither could her own friends who then perswaded her to leave the City for a while prevail with her And that there might be no Industry wanting to perswade her he gave 100 l. to two Persons of her familiar Acquaintance to be urgent and sollicitous to endeavour the Accomplishment of his desire But by the Practises of the said Confederates she was seduced to the preferring of a vile scandalous and false Petition to the Lords Commissioners against Mr. Ivie for obtaining Alimony but not one syllable of her suggestions proved against him Nay the contrary proved by Mr. Ivie by the severall Testimonies of many Persons of good Quality and Reputation as appears by the Depositions themselves besides his own Oath which he made in answer to the scandalous aspersions cast upon him Notwithstanding this Vindication after two years dependance in the Chancery and the Expences of almost 3000 l. in this unnatural and twelve other Sutes at Law which were commenc'd against him by the means of this Sute she obtained from the Lords Commissioners an Order in private for 300 l. per ann. Alimony Notwithstanding Mr. Ivie was alwayes ready to receive her and use her in aâ—l Respects according to her Quality neither Mr. Ivie nor his Counsel being present Notwithstanding they declared That they would send for Mr. Ivie â— they would give Judgement in the Case But never as yet did nor ever yet heard the Merits of the Cause which in respect of the proceedings was contrary to the Rules of the Court and in respect of the Allowance in case Mr. Ivie had been guilty of the Complaint contrary to the Act of Parliament Having thus Affliction added to Affliction and being in Debt by the means of his said Wife above 3000 l. And having not wherewithall to sell to pay his Creditors And in regard the Reversion of his Estate is setled on his said Wife he attended almost a year upon the Lords Commissioners for his Relief that they would be pleased but to grant him a fair hearing upon the Merits of the Cause in presence of both parties with their Counsel which was by their Order accordingly granted and a Day by them appointed But when the Day came and Mr. Ivie had retained to his great charge many great Counsel the Lords Commissioners absolutely refused to hear the said Cause which hath exposed the said Mr. Ivie and his Wife to all manner of Temptations and their Persons and Estates to utter Ruine And although at the same time Mr. Ivie did Request the said Lords Commissioners to recommend any godly Minister whom they themselves should chuse to live in house with him and his Wife as an Expedient to a Peace and Reconciliation between them for which he obliged himself to allow any such Minister 50 l. per annum besides all other fitting Accommodations whatsoever yet was this Proposall flighted by them and laugh'd at by his said Wife even in the presence of their Lordships And since that time Mr. Ivie having sued those who received her and denyed her unto him and obtained by just proceedings in Law a Judgement and Execution against such Persons The Lords Commissioners have notwithstanding granted their Injunction for their Protection Insomuch that they have now effected an absolute Separation which is contrary to the Law of the Nation and the Act of Parliament for Alimony it self which was declared by my Lord Chief Justice Roles upon Reading the Decree for Alimony FINIS
herein I beseech your Highness to read but these two Certificates under Oath of three eminent Doctors and one Chirurgion the President of the College of London Dr. Pruiean Dr. Wedderburn Dr. Nurse and Mr. Boon WE whose names are hereunto subscribed do certifie That Thomas Ivie Esquire upon a scaudalous Petition exhibited against him by Theodosia his wife that he had infected her With that foul Disease of the Pox as the said Mr. Ivie informed Vs did desire Vs and voluntarily offer himself to be searched by Vs concerning the same Whereupon upon search and view had of his naked body We find That Mr. Ivie is not only free from the said disease but so free from it that we cannot perceive that he was ever tainted therewith Witnesse our hands Francis Pruiean President of the Coll. of Physicians in London Thomas Nurse M. D. Hen. Boon Chirurgion London 30 May 1651. WE whose names are hereunto subscribed do certifie That about the moneth of June last 1650. Vpon the scandalous report published of Thomas Ivie Esq who lately before had married Theodosia Daughter of Iohn Stepkins Esq that he had the foul Disease of the Pox and had given it unto his Wife That at the request of the said Mr. Ivie by Examinations and Answers given by him and others having interest we did find that the said Mr. Ivie was clear of the same Disease and had no Symptom or Token thereof Also we upon examination of the said Mr. Ivie did find him to be clear of the said Disease at that time Witness our hands London 30 May 1651. Thomas Nurse M. D. Jo. Wedderburne M. D. Hen. Boon Chirurgion Besides all this that there might be nothing wanting to make out the Integrity of my Soul and the Cleernesse of my Conscience before all the World I did voluntarily for the Court compels none in these Cases to return an answer upon Oath make this Affidavit before a master in Chancery and at the next opportunity of participating of the Sacrament immediately before I touch'd those sacred Elements did declare and avouch the Oath which I had taken to be unfeignedly true without any Equivocation or mental Reservation whatsoever and did thereupon print and publish it to the World as followeth Thomas Ivie of Malmsbury in the County of Wilts Esquire and Husband to Theodosia Ivie late Widdow of George Garret deceased and Daughter of Iohn Stepkins Esq deceased maketh Oath c. HAving often with grief and anguish of mind considered those many scandals and aspersions which have been laid upon me by my own wife from whom my Soul once expected as much happinesse as could be hoped for in a Conjugal Estate and finding how easie the minds of many Persons and those of quality too have been not only to give an Ear but a Faith also to those abominable Reports which She and her Abettors have rais'd and fomented utterly to abolish if in their power my Reputation either as a Gentlemen or a Christian both which I trust have been honourably preserved with much Constancy and Fidelity amongst thousands of Persons in those places where I have had long abode lest I might be adjudged guilty in those things which are only private to our selves and which cannot admit of any proof or witnesse on either side her personal and single Affirmation being the only argument to induce the world to the belief of so vile and inhumane actions I have thought it most necessary besides these Proofes which are taken in Chancery to vindicate my innocency not only with a bare negation but with such a one as is ratified with the solemnity of an Oath This I do the rather because in these unhappy Cases between the Husband and the Wife the Answers which are returned to the Petition are not deposed to as in other Proceedings in Chancery neither can I content my self to stop here but am willing to give the highest satisfaction that a Christian can expect on Earth and shall therefore chose such a time as the receiving of the most precious Body and Blood of my Saviour Jesus Christ of which with all humility this day having strictly examined my own heart I intend to participate as to declare my innocency thereupon to those principal points which are objected unto me by my Wife were there any other waters of Tryal under the Gospel as there was under the Law I could most safely adventure the drinking of them to clear my self before the World But this I hope will give a plenary satisfaction to all Godly and Consciencious Persons who if ever will give Credit to the words of an afflicted Spirit will now doe it after such a solmn sort And I do first upon my Oath say and affirm that I have been so far from Acting and Committing that foul Sin of Sodomy upon her Body that I never had within my brest the least inclination or desire to so vile abominable a thing neither did I ever attempt to perswade her by fair Words and Inticements or to move her by threats or ever used the least force or strugling with her to compass any such Base or Heathenish Designe as she most falsly and opprobriously charged me with And moreover whereas on a certain night she was necessitated in preservation of her life as she had suggested to the Lords Commissioners and several others to leap out of the Bed from me to cry out Murther Murther alleging that I offer'd violence unto her by pinching beating and striking Now I do protest and depose before Almighty God that this was done without any such provocation even in the least measure Nay at the same time while she was attempting to leave my house and running to her Fathers I us'd all the friendly and kind Perswasions which I could expresse to detain her and onely holding her by the arm without the least hurt as I believe I often repeated my hearty Sollicitations unto her to remain with me But I do really beleeve upon the consideration of several Circumstances and Passages since that time that both her Out-cry and her Subsequent Behaviour was design'd before that night If any thing at that time might be look'd on as a shadow to justifie her proceedings it was this That a little before she leap'd out of the Bed amongst other Discourses I intimated a Dislike of her Carriage which was observed by others towards one who pretended to be her Physician This and this only was all the Cause and Occasion if this be any of her forsaking me at that time And for all other times whatsoever I do affirm upon Oath that I never gave her the least stroak in my life or ever did so much as pinch her in Jest to the best of my Remembrance or did ever directly or indirectly let fall from my mouth any kinds of Threats whatsoever And I do further swear That untill such time as she exhibited that foul and scandalous Petition to the Lords Commissioners that I lov'd her unfeignedly
therefore Order that the said Defendant and the said Trustees shall authorize or permit and suffer the Plaintiff or whom she shall nominate and appoint from time to time quietly and without interruption to receive the Rents and Profits of the said Lands And the several Tenants of the premisses are hereby ordered to pay the same accordingly from our Lady day last And the said Trustees and the said Tenants in so doing are to be saved harmless by the Decree of the Court But in case the said Lands are in a greater yearly value than the said 300 l. per annum And that the said Defendant shall at any time signifie so much unto their Lordships And undertake and sufficiently secure the payment of 300 l. per annum quarterly unto the said Plaintiff by equal portions to be begin from our Lady day last then the said Defendant is hereby decreed to pay unto the said Plaintiff the said yearly sum of 300 l. accordingly until further Order as aforesaid And that the said Trustees are in such Case to permit and suffer the said Defendant and his Assignes to receive and enjoy the Rents and Profits of the said Fathers Estate any thing herein conteined to the contrary in any wise notwithstanding Rob Dod Deput. Regist. Being advertized by a Friend of these irregular Proceedings and perceiving what a Considerable part of my Estate was aimed at I addressed my self immediately with this Petition to the Lords Commissioners August 19. To the Right Honourable c. The humble Petition of Thomas Ivie Defendant Husband to Theodosia Ivie Plaintiff Sheweth THat several Papers have been brought to your Petitioner intituled as Orders from your Lordships but without any Subscription of the Register or his Deputy That at the end of one of the said Papers 't is mentioned that unless cause at the next Privy Seal be shewn to this Court to the contrary by the Defendant That 300 l. per annum therein mentioned shall be decreed But on what day the next Privy Seal will be or in what place is not expressed in the said Paper Neither can your Petitioner by all possible means and industry find when and where he may attend your Lordships Insomuch that your Petitioner hath just Ground to fear if any such Order be either he may be surpriz'd or a Decree might pass against him without his Knowledge of the time wherein he might make his just Defence especially all his Papers being at present in the custody of his Sollicitor Mr. Cox who is not in Town In tender Consideration whereof May it please your Honours to declare whether any such Order was made by the Court and at what time and place your Lordships have or will be pleased peremptorily to appoint to hear the Defence of your Petitioner who with all humility and willingness will attend your Lordships Hoping by Gods assistance to give a full Demonstration of his Innocency and Integrity and to wipe off all the foul Aspersions whatsoever which have been cast upon him to ruine both his Person and Estate And your Petitioner shall ever pray c. All the Return that I could obtain from the Lords Commissioners unto the said Petition was this Let Mr. Ivie attend us to shew us Cause according to the last Order on Tuesday next 19th of August 1652. B. Whitlock R. Keeble J. Lisle On the Tuesday following I did attend in Person but without any Counsell all being in the Circuits with the Judges And if I could have found any it had been almost impossible to have fully instructed them in the Cause there being so many Depositions and those of so great Length Whereupon I renewed my humble and earnest Request unto them with all the Vehemency I could express That they would make no Decree before they had heard the merits of the Cause on both sides Notwithstanding I found 't was their Resolution to signe that irregular Paper and to declare before-hand that they had found just Cause for Alimony The Preamble of the Decree being full of Reflections and conteining several Insinuations against me all that they thought fit to adde was this Clause Vntill further Order A dear Expression in Chancery and as costly as the other Vnlesse He shew Cause Now and not before was the Order which they commonly call the Decree having put the Great Seal unto it delivered unto the Register to enter which first ought to have been drawn by him and then perused by Counsel on both sides Had any one but heard what smooth words the Lords Commissioners gave me at this time telling me That it should not be prejudicial unto me and that they would hear my Counsel at any time come when I would and that 't was but a Temporary thing and that they would deal tenderly with me in so tender a Case as between man and Wife one would have almost been perswaded that it had been my duty to have given my consent also But though there was Honey in their Mouths yet was there too too much Gall in their Inke and Wormewood in their Decree Had they but considered the Deed of Covenant which they professed they had perused 't would have appear'd very evident that there was no shadow for so great allowance as 300 l. per annum When her Father himself and my Wife also made to me a Proposition of giving her the liberty of living where she would and setting out for her fit allowance they themselves did desire no more but 120 l. per annum Depos. l. Besides of the Articles in my custody which they caused to be drawn to the same Purpose But I suppose the Lords Commissioners were so far from considering what they signed that they never read the Deed which they mention nay I think I may safely say They did not or would not consider the Act it self for Alimony For that Act impowers them to give only such Alimony as is proportionable to the Fortune which the Woman brought and that also to be raised out of the Husband Estate Whereas the truth is she hath not in all her Proofs proved that she had been or in probability could ever be worth a Penny to Me And as for that Estate which the Lords Commissioners did decree unto her 't is true I had an equitable Title unto it but it really did belong to the Heir at Law until such time as I had performed some small Covenant Insomuch that Mr. Stepkins his Son and Heir also was injured by these proceedings of the Lords Commissioners for which he hath often made his Complaint as well as his just Title in Law though to little purpose I know full well what shadow the Commissioners put on this dealing but whether it be just and righteous I submit to your Brest and that is thus That although it was Covenanted between Mr. Stepkins and my Trustees that in case I did not perform all the Covenants to which I had obliged my self then was the said Estate of 240 l. to goe
to the use of the right Heirs of the said Stepkins until such time as I should perform By virtue of this Clause did young Stepkins lay claim to the said Estate Yet say the Commissioners that Mr. Stepkins the Father Who had reserved unto himself the Remainder of the said Limitation to me and my Wife made a VVill and by that VVill had acquitted me from any further Performance insomuch that the Estate was now totally belonging unto me This I believe my VVife told them and peradventure shewed them such a VVill and this is their Ground But by their leave I cannot think till such a VVill be legally proved That it can be any Ground for them to give away the Estate in such manner as they have upon a bare suggestion of one Party for whose interest and profit it was Certainly had they been as conscientious Judges as they are Judges of Conscience they would have first caused her to prove the said VVill which then had clear'd the Estate from the claim of my Brother Stepkins and saved me the expences of some Sutes in Chancery for no other end than to get the Will produced which to this day I am not able to doe Notwithstanding I have a Bill of Complaint depending before them for that purpose Neverthelesse all these discouragements it pleased the Lord to give me a proportionable measure of Patience to submit unto his correcting hand and in the most sore Afflictions which I have undergone he hath not with-held his loving kindnesses from me nor the sweetnesses of his refreshing Spirit though many Oppressions and Grievances were daily multiplied and many new Sutes at Law were set on foot against me by my Wifes means who now seemed justified by them and my self vilified and undervalued Yet was I not clamorous at their Bar neither was I ever admitted to any private Speeches with them or indeed did ever seek it being confident that my cause wanted the Protection of Justice only and not favour but waited still expecting when they would put their good Promise in Execution and send for us and endeavour a cordial Reconciliation between us But after two moneths were expired and hearing nothing from them to that purpose though many several Friends of Quality had moved them thereunto I address'd my self with an humble Petition for a hearing After it was read they appointed a day though it was somewhat 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 estate might be repaired my Person freed from the continual molestation of Catchpoles And my Wife her self whom I had perfectly forgiven restored unto my Bosom The Order which the Lords made in Answer to my Petition was this Saturday 29 of April 1653. Between Theodosia Ivie Plaintiff Wife of Thomas Ivie Defendant VPon the Defendants humble Petition this day preferr'd to the Right Honourable the Lords Commissioners for the Great Seal of England shewing That in the unhappy difference fomented by evil persons between the said Parties and the said Plaintiff hath petitioned their Lordships for Alimony being separated from her Husband without his Consent Thereby intending to live a-part by her self contrary to the Marriage Stipulation to the destruction of the mutual happy Comfort that might and ought to be between parties so nearly joyned pending with Sute Their Lordships as Judges of good Conscience did often move her to Conformity and Reconcilement chiefly desired by the said Defendant but the Plaintiff refused And by an Order of the 24 of July last their Lordships were pleased to appoint her 300 l. per annnm out of her Fathers Estate until further Order And the said Defendant being daily arrested and troubled for the said Plaintiffs Debis cannot walk the streets without molestation by the Officers and Bailiffs It was prayed That some day as soon as to their Honours should seem meet may be appointed to hear the Defendants Reasons and the merits of the Cause why the said Order should be null'd To command the Defendant and his wife to be personally before their Lordships at the same time so that there might be a final Conclusion of these unhappy and unnatural Differences under which the Defendant hath long groan'd to his utter Ruine Their Lordships do thereupon Order that Counsel on both sides be heard in the Business the first Day of Causes in Trinity Term next John Sandford Deput. Regist. My Hopes and Expectations being now raised from the Dust I considered with my self how I might represent the Case between me and my Wife with the least prejudice to her for upon some Debatings about the Witnesses I had examined against her I found the Breach still made wider by her Lawyers aggravations than it was really in it self what was but a scar they would tear open into a wound nay they preferr'd a seeming Rhetorick so far before a Christianity that rather than they would exasperate they would speak Point Blank to the very Papers they held in their hands And therefore to prevent the like Inconveniences and aiming at a perfect Reconciliation I drew up all that Counsel could be instructed in or could offer at the Bar into writing and for each Commissioner had a Paper ready to be presented as follows To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England WHereas the Draught of an Order was on Friday August the 13th made and presented unto your Honours by the Counsel of the Plaintiff and Mr. Zanchie her Sollicitor not entered into the Registers Book or drawn up by him from any Notes taken in Court or was ever perused by the Defendants Counsel before it was signed according to the Rules of the Court in which Order it was mentioned that 300l per annum should be raised out of the Fathers Estate which was selled at the Marriage upon Sir John Brampston Knight Orlando Bridgman Esq and William Booth to uses c. and upon the reading of it it was Ordered by your Lordships at the same time that unlesse the Defendant should shew cause at the next Privy Seal a Decree should pass accordingly And whereas it was ordered by another of August the 19th That on Tuesday following the Defendant should attend and shew Cause why the said 300l per annum should not be decreed May it therefore please your Honours to consider these following Considerations which are all proved upon Oath and good Evidence wherein he hopeth it is sufficiently cleared that the Plaintiff neither ought to have any Alimony out of that which was her Fathers Estate or out of her Husbands Mrs. Ivie the Wife of Thomas Ivie suggesteth by her Petition to the Lords Commissioners That her Husband hath deserted her and left her no means to live That during her Cohabitation with him she was in danger of her life and became very weak and for perill of receiving from him diseases of dangerous conseqnence she cannot Cohabite with him
no sooner spoke but I confess I laid hold on though I had been most hardly and severely dealt withall in the judgment of those that were present Insomuch That now I did despair ever to find amongst them and indeed did determine to commit my Cause unto God untill in his due time he should raise up Judges in our Israel who should execute Righteons Judgement even upon those Judges themselves But in the mean time I was advised which was very agreeable unto my own Disposition not to leave any thing unattempted which might be thought advantagious to a Union of Us but to go personally to my Wife and perswade her my self to leave those Persons who aymed at both our Ruines And to return to me passionately willing to receive her And if she should notwithstanding refuse to speak or go with me then to demand her of those Persons who received her into their houses Accordinly taking two civil Gentlemen I went to her Lodging but received a Repulse from her instead of Complyance and then seeing Mr. Williamson who kept the house I required from him the person of my Wife who refusing her was sued by me And upon the Tryal before my Lord Cheif Justice Roles a renowned Person had a Verdict Judgement and Execution of 100 l. against the said Williamson for detaining my Wife from me Many Counsels there were to argue the Case and the Decree itself under the great Seal of England was opened read and shewed the Jury But my Lord Roles quickly stated the resolution of the Case in my behalf and the Jury gave me 100 l. damages Williamson now finding himself in a great Dilemma either to deliver up my Wife or himself to ruine and my Wife in so bad a condition notwithstanding her glorious Decree that although she had 300 l. per annum yet if she could not take the liberty of her old Companions or any new one wheresoever she should be entertained for fear of Judgement and Executions began to take new Counsel how to free Mr. Williamson and her self from this bondage of living under the Roof of a Husbands House and the truth is sollicited it to the purpose amongst her old Patrons the Lords Commissioners For with all speed Williamson prefers a Bill in Chancery to be releeved against my Execution And after he had preferted his Bill though my Answer was so clear as it could not admit of one exception moved for an Injunction after Judgement and Execution granted at Law and to protect him for keeping away my Wife which was granted in these words as fully as he could desire being ingrossed in Parchment and sealed THe Keepers of the Liberty of England by Authority of Parliamemt To Thomas Ivie Esquire and to his Counsellors Agents and Sollicitors and every of them Greeting It was informed in our Court of Chancery 10 November instant in the behalf of George Williamson Pl. against you the said Thomas that the Pls. Bill is to be relieved against an Action and Judgement thereupon obtained against the Pl. upon pretence of the said Pls. detaining of your the said Defendants Wife from you and it appearing in a Cause of Alimony between you the said Defendant and your Wife that their Lordships decreed her Alimony during Separacion In which time she ought to have a Habitation apart from you the said Defendant as well as a separate maintenance or else the Decree were groundlesse And we conceiving the doings of you the said Defendant to be altogether unjust Do command and by these presents strictly enjoyn you the above named Thomas Ivie and you his said Counsellors Attorneys Agents Sollicitors and every of you under the pain of 500 l. to be levyed of your Lands Goods and Chattels to our use That you and every of you do from benceforth surcease and forbear all further Proceedings at the common Law against the Plaintiff upon the said Action and Judgement thereupon until the said cause shall be finally heard and determined before us in our said Court And this you nor any of you may omit in any wise under the penalty aforesaid Witnes our hands at Westminster 10 November 1653. Vera Copia ex May This Injunction being now granted Signed and Sealed with the Commissioners hands under the great Seal of England is the Accomplishment of all their Designs and the compleating of my Misery though the Courts of Law both could and have in some measure relieved me yet is the power of it restrained by this Injunction which indeed I suppose can be called nothing else than a perfect Separation and Divorce whether the Chancery being stiled the high Court ever receives from any Parliaments such an unlimited power as this It behooves them to make out unto your Highness T is the opinion both of the greatest and honestest Counsel of England That no parallel for this Case no President 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 Civil Law the Law of our own Country as well as the Practice of the Chancery it self Once did that Court by its own Authority issue out a Sequestratâ—on upon a Gentlemans Estate and it was by very many Persons admired and murmur'd at but never could I near that they ever sequestred Women from their Husbands Were there not a superiour Jurisdict on over this Court whose Determinations seems too too Arbitrary being grounded solely uppon the Opinions not to say the Passions or Affâ—ctions of two or three Erring men what a miserable 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 quâ—â—â—'d or supprest at the pleasure of the Chancery They might have for ought I know made an Injunction also that I should never complain and if I had attempted to have made known my Case to have aid me by the heels But blessed be the name of our God Jehovah whose extraordinary Providence hath been visible in this Land that he hath raised up and setled your Highness to be next under himself the Supreme Dispenser of Justice and Righteousness to these Nations which the Lord has happily placed under your Highness Government By which means we have a just confidence to be assur'd having had many Experiences already of your Highnesses singular piety and justice in those severall stations where the Lord has formerly placed you That there shall be no more complainings made either in our streets or in the very corners of our Country but shall be heard and relieved even against the Great Ones amongst us T is your Highness power therefore which I implore t is only your power can free me from those Fetters which are laid upon me by the Lords Commissioners only your power that can repair me for tâ—e Injuries done both to my Person and Estate which I have undergon by Reason of my seduced Wife T