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, Accountant to the Honourable the East India Company, in the Island of Bombay, where she than 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 Precedent 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 returned 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, join 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 passed, 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, etc. 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 divorced: And likewise, That the High Court of Parliament has passed Acts in Favour of such Second Marriages.  
III. Having advised with Persons skilled in the Civil Law, they tell her, that such Marriages have been all along allowed by that Law, under Emperors 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 herself, 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 informed, 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 Country. That the forementioned 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 assigned 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.