THE
CASE
of
Susannah
Smith
.
Humbly
Represented
to
the
Right
Honourable
the
LORDS
Spiritual
and
Temporal
in
Parliament
Assembled
.
SVsannah
Smith
,
born
in
London
of
English
Parents
,
but
now
an
Inhabitant
of
Suratt
,
in
the
East
Indies
,
was
at
Fourteen
Years
of
Age
married
on
the
16th
of
November
,
1680.
according
to
the
Rites
and
Ceremonies
of
the
Church
of
England
,
to
Henry
Smith
,
Accomptant
to
the
Honourable
the
East
India
Company
,
in
the
Island
of
Bombay
,
where
she
then
lived
,
and
afterwards
cohabited
with
him
as
his
Wife
,
till
the
27th
of
April
,
1684.
at
which
Time
the
aforesaid
Henry
was
sent
over
into
England
by
President
Child
,
for
some
ill
Practices
there
,
and
left
the
said
Susannah
his
Wife
,
big
with
Child
,
which
died
quickly
after
its
Birth
.
At
the
Time
of
his
Departure
from
India
,
the
said
Henry
took
not
the
least
Care
for
the
Maintenance
of
his
said
Wife
,
nor
has
he
ever
since
sent
for
her
over
into
England
to
him
,
or
return'd
her
any
money
for
her
support
:
And
since
the
Year
1687.
has
neither
written
to
her
,
or
given
her
the
least
Information
of
himself
or
his
Concerns
.
In
the
Year
1690.
the
aforesaid
Henry
Smith
did
in
the
Church
of
Dukes-Place
,
London
,
joyn
himself
in
a
pretended
Marriage
with
one
Susannah
Wycher
,
by
whom
he
has
had
several
Children
,
and
with
whom
he
still
cohabits
as
his
Wife
.
Susannah
Smith
having
certain
Information
of
the
said
pretended
Marriage
,
did
on
the
19th
Day
of
February
last
past
,
institute
by
her
Proxy
a
Cause
of
Divorce
,
by
Reason
of
Adultery
,
against
the
said
Henry
Smith
,
in
the
Court
of
the
Right
Reverend
Father
in
God
,
Henry
Lord
Bishop
of
London
,
in
which
Court
,
upon
full
Proof
of
the
Premises
,
she
did
,
on
the
18th
Day
of
June
following
,
obtain
a
Sentence
of
Divorce
from
the
aforesaid
Henry
Smith
;
and
accordingly
now
remains
Divorced
without
any
Appeal
by
him
interposed
.
Whereupon
the
aforesaid
Susannah
Smith
,
doth
most
Humbly
Request
,
That
a
Bill
may
pass
this
most
Honourable
House
for
the
Securing
and
Indempnifying
her
from
all
Pains
,
Penalties
,
&c.
which
she
or
her
Issue
may
incur
,
in
case
she
should
happen
to
Contract
Marriage
with
any
person
,
not
otherwise
by
Law
prohibited
,
during
the
Life-time
of
the
aforesaid
Henry
Smith
.
Reasons
Humbly
Offered
for
the
Passing
the
said
Bill
.
I.
Having
consulted
several
very
Eminent
and
Learned
Divines
,
she
has
been
assured
by
them
,
That
there
is
nothing
in
the
Law
of
God
prohibiting
a
Second
Marriage
,
the
Lawfulness
whereof
,
as
they
inform
her
,
has
been
universally
allowed
by
all
Foreign
Protestants
since
the
Reformation
.
II.
She
has
been
informed
by
her
Council
Learned
in
the
Laws
of
this
Realm
,
that
the
Statute
Primo
Jacohi
,
prohibiting
Second
Marriages
during
each
others
Life
,
has
a
particular
Exception
as
to
Persons
Legally
divorc'd
:
And
likewise
,
That
the
High
Court
of
Parliament
has
pass'd
Acts
in
Favour
of
such
Second
Marriages
.
III.
Having
advised
with
Persons
skill'd
in
the
Civil
Law
,
they
tell
her
,
that
such
Marriages
have
been
all
along
allowed
by
that
Law
,
under
Emperours
that
were
Christians
.
IV.
As
to
the
Canon
Law
,
She
hath
likewise
been
informed
,
that
till
the
Council
of
Trent
(
which
was
never
received
even
by
Papists
themselves
on
this
side
the
Alps
)
those
Canons
which
have
been
made
against
such
Marriages
,
have
been
generally
Advice
and
Counsel
,
rather
than
Express
Prohibitions
.
And
that
the
Canon
of
the
Church
of
England
is
not
Declaratory
of
any
Unlawfulness
in
such
Second
marriages
,
but
only
prohibits
them
upon
Penalty
of
a
Bond
given
at
the
time
of
passing
the
Sentence
of
Divorce
.
And
likewise
,
That
a
book
,
called
,
Reformatio
Legum
Ecclesiasticarum
,
appointed
to
be
made
by
Authority
of
Parliament
,
in
the
Reign
of
K.
Henry
the
8th
,
and
actually
compiled
by
the
most
Learned
Persons
in
all
Professions
,
in
the
Time
of
K.
Edward
the
6th
,
doth
in
the
Title
conterning
Divorces
,
Chap.
5.
give
leave
to
the
innocent
person
,
Divorced
by
reason
of
Adultery
,
to
marry
again
,
affirming
,
That
such
a
Remarriage
is
allowed
by
our
Saviour
.
Cum
alter
Conjux
Adulterii
damnatus
est
,
alteri
licebit
innocenti
novum
ad
Matrimonium
,
si
volet
,
progredi
.
Nec
enim
usque
adeo
debet
integra
persona
crimine
alieno
premi
,
celibatus
ut
invite
possit
obtrudi
:
Quapropter
integra
persona
non
habebitur
Adultera
,
si
novo
se
matrimonio
devinxerit
,
quoniam
ipse
Causam
Adulterii
Christus
excepit
.
And
indeed
the
Reason
not
only
of
this
,
but
of
all
Laws
,
seems
to
forbid
,
the
Compelling
of
an
innocent
person
to
suffer
for
another's
Offence
.
V.
Besides
these
General
Reasons
,
she
humbly
conceives
there
are
some
peculiar
and
proper
to
her self
,
which
may
not
happen
on
any
other
Occasions
.
As
,
Her
Age
,
which
was
but
Fourteen
at
her
marriage
,
and
Eighteen
when
her
Husband
left
her
.
The
Length
of
Time
since
she
has
been
deserted
,
which
has
been
Twelve
Years
.
And
she
is
inform'd
,
That
it
is
the
General
Opinion
of
Foreign
Divines
,
That
a
Re-marriage
is
lawful
,
after
a
Desertion
of
a
much
shorter
continuance
,
and
particularly
as
to
her
own
Countrey
.
That
the
foremention'd
book
,
in
the
Title
of
Divorces
,
Chap.
9.
does
allow
of
it
after
Three
Years
Absence
.
The
Cruelty
of
such
Desertion
,
leaving
her
among
Infidels
,
big
with
Child
,
without
money
,
and
taking
no
care
for
her
Relief
afterwards
.
His
Second
Marriage
,
by
which
his
Life
is
Forfeited
to
the
Law
.
His
having
several
Children
by
that
Second
Marriage
.
The
Impossibility
of
any
Reconciliation
to
be
made
between
him
and
her
,
not
only
on
account
of
Cruelty
,
Desertion
and
Adultery
,
but
of
his
present
Wife
and
Children
,
which
he
ought
to
maintain
.
Her
having
no
Issue
by
him
,
who
might
otherwise
be
prejudiced
by
her
Re-marriage
.
And
Lastly
,
There
being
no
Alimony
assign'd
her
by
the
Sentence
of
Divorce
:
So
that
she
can
have
no
prospect
of
any
maintenance
from
him
for
ever
.
Wherefore
,
She
Humbly
hopes
,
That
in
consideration
of
the
Premises
(
which
are
such
in
this
Case
as
may
never
probably
happen
in
another
,
)
This
Most
Honourable
House
will
be
pleased
to
Relieve
her
,
by
passing
the
Bill
she
now
most
humbly
Offers
to
their
Lordships
.