Digamias adikia, or, The first marriage of Katherine Fitzgerald (now Lady Decies) contracted in facie ecclesiæ with John Power, now Lord of Decies / asserted by Dudley Loftus ...

To the Right Honourable ARTHUR Earl of Anglesey, Lord Keeper of His Majesties Privy-Seal, &c.

May it please your Lordship,

I Here present to your Lordships View and Pa∣tronage the ensuing Argument of Dr. Loftus on the Case of the Lord of Decies; which, though it be succinct, yet it is so perfect a Dilucidation of Truth, as may serve to en∣lighten all well-disposed Understandings to the perception of what Determination the Law gives therein; so that I may justly say of him, as Aulus Gellius said of Salust, Ex∣quisitissimus est brevitatis Artifex, he being as rich in matter, as frugal of words. And though Arguments of this nature may sometimes seem rather to kindle an angry flame, than to quench the fire, by reason either of unfaith∣fulness

of stating the Case, or of petulency of speech in hand∣ling the Matter; yet I am exempt from such fear in the pub∣lishing this modest and sober Treatise, by reason the stating of the Case as here set down, is acknowledged to be true by both Parties to the Controversy; and for that there is not so much as a word of offence given in the style of the Author, nor any loose intemperancy of speech us'd therein, he speaking nothing else but what falls directly under the consideration of the Subject, as fit to be determined by the precise decision of Law.

Nor do I design to present this, as a matter of Curiosity to the Reader, though the matter of Fact be de rarò con∣tingentibus; nor to present unto the Lady Objècts of Ter∣ror, to frighten her with guilty Apprehensions, or to tax her with the polluted mystery of a Matrimonial-Bed, or the stain of Unchaste Extravagancies; or to convene her before the great Judge of Heaven and Earth, who is so formidable to the sence of Guilt; or to upbraid her with the inevitable Con∣sequences of her Ruine, which will ensue her Temerity with∣out Repentance: but to satisfie all Parties concerned, and even the whole World, in the Justice and Reason of the Lord Decies his Case, sufficient to enforce the belief there∣of unresistible, even upon the most prevaricated Understand∣ings. For your Lordship will not find in the Author's discourse an umbrage of Rhetorical Flourishes, but a breviary of such Arguments and Authorities as are of force to sway the points in controversie, and to turn the Objections out of all Laws in∣to

Arguments to perswade the contrary; insomuch, that the said Doctor's Allegations are so luculent, that words of Au∣thors could not, by Invention it self have been put in order, more for our advantage; nor could Imagination frame a Con∣ception of words more to the proof and approbation of our Cause, than are the said Doctor's most authentick Allegati∣ons, being Authorities too clear to be denied or eluded, lea∣ving no place to contrary Exposition, and giving counte∣nance with Reason to whatsoever he proposes to be be∣lieved.

Furthermore, he clears the Text from the disparagement of vain Cavils, the misinterpretations of impertinent Glosses, and confutes the Lord Cooke, not only by the incompetency of his Authority, being neither Judge of, nor vers'd in Ma∣trimonial Causes, but also by the inevitable Deductions from his mistaken Positions.

And finally, the said Doctor lays down such Principles, to beat out a path to the decision of the Cause in behalf of the Lord of Decies, as that Judgment cannot be given in favour of Mr. Villiers without a manifest decadency from ancient practice, and deviation from all known Rules of Justice (as is generally conceived) whereby it is hoped that the Lady upon consideration and reflection on the many Pre∣judices of her Seduction hitherto, and the Conviction of this Argument will be reduced to the modest acknowledgment of her fault; which is my earnest desire, who upon many Ob∣ligations am bound not only to wish her happiness, (as I do

from the bottom of my heart) but by my best Endeavours to argue the sincerity of my real Respects to her, from whence the Publication hereof chiefly proceeds, and to remain in the profession I now make to continue during my Life,

Your Lordships most humble, faithful, and devoted Servant, R. P.