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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A87232 Alimony arraign'd, or The remonstrance and humble appeal of Thomas Ivie Esq; from the high court of chancery, to His Highnes the Lord Protector of the Commonwealth of England, Scotland, and Ireland, &c. VVherein are set forth the unheard-of practices and villanies of lewd and defamed vvomen, in order to separate man and wife.; Humble appeal and remonstrance of Thomas Ivie, Esq. Ivie, Thomas. 1654 (1654) Wing I1108; Thomason E231_3; ESTC R8770 44,790 55

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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
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