Part 568s – Smith Robertson Genealogy – 1816 Richard Oliver Smith Serves Divorce Papers

07 September 2011

Good Day,

Yesterday I went through Internet and telephone withdrawal… The Central Florida Hub for Bright House went down. And I had to ask myself the question, “What did I do before ‘reflective’ communication?” I use the term ‘reflective’ in a very liberal way, because after about an hour of no Bright House and everything being down, I realized that the only satisfaction or maybe, ego-stroking, that truly exists is the fact that I “make up” a receptive audience to the writings of my Blog and emails.

I continue with the search and the research of my genealogy and ancestry. Most recently I have been in discussion with Richard of Sydney in New South Wales, Australia. His gg-grandfather was Richard Oliver Smith. I have been following the Richard Oliver Smith line in the search of a possible connection to my ggg-grandfather James Smith. You can see my Richard Oliver Descendant Chart under the Analysis Heading at the top of the page.

(The inserted map is courtesy of the Government of New South Wales Website.)

Based on Richard’s research, he his discovered some tremendous accompanying information of his gg-grandfather Richard Oliver Smith and his first wife, Harriet (née Gee). Richard Oliver Smith and Harriet Gee were married on 21 August 1806 in the Old Church, St. Pancras in London. They were later divorced when Richard Oliver presented a special request based on some extraordinary encounters on Harriet’s part. Richard Oliver Smith later married Mary Broderip on 18 August 1819 in St. Cuthbert Church, Wells, England.

Pardon my limited legal understanding but… this divorce and marriage annulment seems somewhat confusing. If supposedly Harriet (née Gee) Smith is the party at fault, and from what I read, why did Richard Oliver Smith have to pay alimony? Just asking.

Here are copies of the images of the Divorce document Reference 57 George III c57HL/po/pg/1/1817/57G3n135 Richard obtained at the Parliamentary Archives, Houses of Parliament, London.





Here is Richard’s transcription –

Soit fait comme il est désiré

Humbly sheweth and complains
unto your Most Excellent Majesty your
true and faithful subject Richard Oliver
Smith late of Douglas in the Isle of Man
but now of Grays Inn in the County of
Middlesex Esquire That on or about
the Twenty first Day of August in the
year of our Lord One thousand eight
hundred and six your said Subject was
married to Harriet Smith his now Wife
then Harriet Gee Spinster and your
said Subject and the said Harriet Gee
cohabited together as Husband and Wife
from the time of their said Marriage
until the period next therein after was
mentioned and had Issue of the said
Marriage one Child a Daughter who is
now living That in the Month of January
One thousand eight hundred and fourteen
the said Harriet Smith your said Subject’s

Wife entered into and carried on an
unlawful familiarity and adulterous
conversation with The Reverend Thomas
Orpen Stewart of Douglas in the said Isle
of Man That your said Subject in the
Month of February One thousand eight
hundred and fourteen brought this Action
in the Court of Common Law in the
said Isle of Man against the said
Thomas Orpen Stewart for such Criminal
Intercourse and adulterous Conversation
and did on the Thirteenth Day of
∫∫ebruary One thousand eight hundred and

sixteen obtain a Verdict in such Court
in the said Action for the Sum of One
thousand pounds Damages a∫se∫sed for
your said Subject by a Jury of the said
Isle and your said Subject afterwards
obtained judgment in the said Action for
the said sum of One thousand Pounds
Damages with the Costs of Suit That the
said Thomas Orpen Stewart having
thereupon traversed or appealed from the
said Verdict and Judgment to the House
of Keys in the said Isle such Appeal
came on to be heard before the said
House on the Twenty ninth Day of
October One thousand eight hundred and
sixteen when the said House was of
Opinion that the said Verdict so traversed or
appealed from and bearing date the
Thirteenth Day of ∫∫ebruary One thousand
eight hundred and sixteen ought to be
varied and the said House was of
Opinion that your said Subject the
Respondent ought to recover from said
Thomas Orpen Stewart the Appellant the
sum of ∫∫ive hundred Pounds British

Damages with Costs That your said
Subject instituted a Suit in the Ecclesiastical
Court of Sodor and Mann against the said
Harriet for a Divorce and Separation from
Bed and Board and mutual Cohabitation
for the said Adultery and on the ∫∫ourteenth
Day of October One thousand eight
hundred and sixteen obtained a Definitive
Decree or Sentence of Divorce from Bed and
Board and mutual Cohabitation against
the said Harriet for Adultery committed
by her with the said Thomas Orpen
Stewart and the said Court did thereby
(according to the Custom and Jurisdiction
of the said Court) give and allow the
said Harriet Smith your said Subject’s
Wife towards her Maintenance and
Support the Sum of Eighty Pounds
according to the Currency of Great
Britain for each year as Alimony the
said allowance of Eighty Pounds British
to commence on the Sixteenth Day of the
then Instant October and to be paid to her
by Quarterly Payments in Advance to
continue Yearly and every Year during
the natural Life of the said Harriet
Smith That the said Harriet your said

Subject’s Wife hath by her Adulterous
Conduct dissolved the Bond of Marriage
on her part and your said Subject of
deprived of the Comforts of Matrimony
and may be liable to have a spurious
I∫sue imposed upon him to succeed to
Estate and ∫∫ortune unle∫s the said
Marriage between Your said Subject
of the said Harriet his Wife be declared
void and annulled by the Authority of
Parliament May it therefore please Your
Majesty out of your Princely Goodne∫s
and in compa∫sion to Your said Subject’s
Misfortune and Calamity that it may be
Enacted AND be it ENACTED by the
King’s Most Excellent Majesty by and
with the Advice and Consent of the Lords
Spiritual and Temporal and Commons in
this present Parliament A∫sembled and by
the Authority of the same That the Bond
of Matrimony between the said Richard
Oliver Smith and the said Harriet his
Wife be violated and broken by the
manifest and open Adultery of the said

Harriet be and the same is hereby from
henceforth wholly di∫solved annulled
vacated and made void to all Intents
Effects Constructions and Purposes whatsoever
and that it shall and may be lawful to
and for the said Richard Oliver Smith at
any time or times thereafter to contract
Matrimony and to marry (in the life-time
of the said Harriet as if she was actually
dead) with any woman or women he
might lawfully marry in case the said
Harriet was not living and that such
Matrimony when duly had and celebrated
shall be a good and lawful Marriage
or Marriages and shall be so adjudged
deemed and taken in all Courts and to all
Intents Constructions and Purposes whatsoever
and that and every the Child and
Children born in such Matrimony shall
be deemed adjudged and taken to be born
in lawful Wedlock and shall be legitimate
and inheritable to and shall inherit the
Lands Tenements and Hereditaments of
the said Richard Oliver Smith and all other
Lands Tenements and Hereditaments from
and by their Father Mother and other
Ancestors and Relations in like Manner
and ∫∫orm as any other Child or Children

born in lawful Matrimony should could and
or might inherit or be inheritable unto
according to the Laws and Courses of
Inheritance used in the Realm or in
any of His Majesty’s Dominions thereinto
belonging and also shall and may have
and enjoy all Honors Privileges
Proemminences Benefits Advantages Claims
and Demands in as full ample and beneficial
manner as any other Child or Children
born in lawful Wedlock may have or
claim by the Laws and Customs of this
Realm or of any of His Majesty’s Dominions
thereunto belonging AND be it further
ENACTED that the said Richard Oliver
Smith shall be entitled to be Tenant by the
Curtesy of the Lands Tenements and
Inheritance of such Wife or Wives as he
shall hereafter marry and that such Wife
or Wives as he shall so hereafter marry
shall (unle∫s barred by a Jointure or otherwise
be entitled to Dower ∫∫reehold and Thirds
at Common Law or by Custom or otherwise
of and in such Lands Tenements and
Hereditaments whereof the said Richard

Oliver Smith shall be seized of such Estate
whereof she or they shall be dowable or
any Husband or Wife respectively may or
might claim have or enjoy and that the
Child or Children born in such Marriage or
Marriages shall and may derive and make
Title by Descent Remainder Limitation or
otherwise to and from any of his her or
their Ancestors or Coliateral Relations as
any other Child or Children born in lawful
Wedlock may do any Law Restraint
Prohibition Ordinance Canon Constitution
Prescription Usage or Custom had made
constituted or used to the contrary notwith
standing AND be it further ENACTED
that the said Harriet Smith shall be as
she is hereby barred and excluded of as
from all Dower ∫∫reehold and Thirds at
the Common Law by Custom or otherwise
and all other Claims and Demands of in
or out of any Lands Tenements or
Hereditaments whereof or whereto the
said Richard Oliver Smith previous to and
at the time of his Marriage with the
said Harriet was now is or since his
said Marriage hath been or at any time

hereafter shall or may be seized of or
entitled for any Estate of Inheritance or
other Estate whatsoever and of and from
all Claims and Demands in to upon or
out of the Goods Chattels and Personal
Estate and Effects which the said Richard
Oliver Smith now is or at any time or
times hereafter shall be po∫se∫sed of or
entitled unto other than and except so
far as relates to the said Yearly Sum
of Eighty Pounds by the said Decree of
the said Ecclesiastical Court of the Bishop
of Sodor and Mann allowed and ordered to
be paid by the said Richard Oliver Smith
to the said Harriet as Alimony during
her natural Life as aforesaid which said
Sum of Eighty Pounds shall remain due and
continue payable from and after the
Pa∫sing of this Act for and during the
natural Life of the said Harriet Smith
in like manner and to and for the said
Purposes as is ordered and directed in
and by the said Decree of the said
Ecclesiastical Court AND be it further
ENACTED and DECLARED that the said

Richard Oliver Smith and all Persons
claiming or to claim by from or under him
is are and shall for ever be barred and
excluded of and from all Rights Claims
Titles or Interests of in to or out of any
Lands Tenements and Hereditaments and
other Estates Real Personal Estate and _____
and all Goods Chattels Personal Estate
Ornaments of the Person and Effects
whatsoever which the said Harriet Smith
now is or shall or may at any time or
times hereafter acquire or become seized
or po∫se∫sed of or entitled to by Descent
Gift Devise Purchase or otherwise howsoever
during the Estate and Interest of the said
Harriet Smith her Heirs Executors
Administrators and A∫signs therein respectively
and that the said Harriet Smith her
Heirs Executors and Administrators shall
and may hold and enjoy the same and
every of them for all her and their
Estate and Interest therein for her and
their own proper Use Benefit and
Advantage exclusive of the said Richard
Oliver Smith his Heirs Executors and
Administrators and all and every other
Person or Persons whomsoever claiming or
to claim by from or under him.

Soit baillé aux Commons
Thanks Richard.

Enjoy.

Jim

2 comments:

Post a Comment

 

Share It

Please Note: All information and data... and work found on this blogsite and website is available for your use. Please do not be a "scab" and steal this information without acknowledgement of source. Also pleased be advised that there could be Copyright issues and legal yada...yadada...das... so be prewarned...

A Genealogy Hunt Copyright © 2009-2014 - WoodMag is Designed by Ipietoon for Free Blogger Template