Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	defendant_n	plaintiff_n	3,071	5	10.8111	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A40860	The famous tryal in B.R. between Thomas Neale, Esq. and the late Lady Theadosia Ivy the 4th of June, 1684, before the Right Honourable the late Lord Jeffreys, lord chief justice of England, for part of Shadwell in the county of Middlesex ... together with a pamphlet heretofore writ ... by Sir Thomas Ivy ...	Mossam, Elam.; Ivy, Theadosia Stepkins, Lady, d. 1694 or 5?; Neale, Thomas, d. 1699?; Ivie, Thomas. Alimony arraigned, or, The remonstrance and humble appeal of Thomas Ivie, Esq.; England and Wales. Court of King's Bench.	1696 (1696)	Wing F386; ESTC R35557	155,074	101

return any Answer to it or so much as demand of my Wife who stood there laughing in their Presence whether she would return to me or no Only they were pleased to find fault with that word Separation And told my Counsel That they neither had or could separate our Persons These words they had no sooner spoke but I confess I laid hold on though I had been most hardly and severely dealt withal in the judgment of those that were present Insomuch That now I did despair ever to find amongst them and indeed did determine to commit my Cause unto God until in his due time he should raise up Judges in our Israel who should execute Righteous Judgment even upon those Judges themselves But in the mean time I was advised which was very agreeable unto my own Disposition not to leave any thing unattempted which might be thought advantagious to a union of Us but to go personally to my Wife and persuade her my self to leave those Persons who aimed at both our Ruines And to return to me passionately willing to receive her And if she should notwithstanding refuse to speak or go with me then to demand her of those Persons who received her into their houses Accordingly taking two civil Gentlemen I went to her Lodging but received a Repulse from her instead of Compliance and then seeing Mr. Williamson who kept the house I required from him the person of my Wife who refusing her was sued by me And upon the Tryal before my Lord Chief Justice Roles a renowned Person had a Verdict Judgment and Execution of 100 l. against the said Williamson for detaining my Wife from me Many Counsels there were to argue the Case and the Decree in it self under the Great Seal of England was opened read and shewed the Jury But my Lord Roles quickly stated the resolution of the Case in my behalf and the Jury gave me 100 l. damages Williamson now finding himself in a great Dilemma either to deliver up my Wife or himself to ruine and my Wife in so bad a condition notwithstanding her glorious Decree that although she had 300 l. per Annum yet if she could not take the liberty of her old Companions or any new one wheresoever she should be entertained for fear of Judgment and Executions began to take new Counsel how to free Mr. Williamson and her self from this bondage of living under the Roof of a Husbands House and the truth is sollicited it to the purpose amongst her old Patrons the Lords Commissioners For with all speed Williamson prefers a Bill in Chancery to be relieved against my Execution And after he had preferred his Bill though my Answer was so clear as it could not admit of one exception moved for an Injunction after Judgment and Execution granted at Law and to protect him for keeping away my Wife which was granted in these words as fully as he could desire being ingrossed in Parchment and sealed THE Keepers of the Liberty of England by Authority of Parliament To Thomas Ivie Esquire and to his Counsellors Agents and Sollicitors and every of them Greeting It was informed in our Court of Chancery 10 November instant in the behalf of George Williamson Plaintiff against you the said Thomas that the Plaintiffs Bill is to be relieved against an Action and Iudgment thereupon obtained against the Plaintiff upon pretence of the said Plaintiffs detaining of your the said Defendants Wife from you and it appearing in a Cause of Alimony between you the said Defendant and your Wife that their Lordships decreed her Alimony during Separation In which time she ought to have a Habitation a part from you the said Defendant as well as a separate maintenance or else the Decree were groundless And we conceiving the doings of you the said Defendant to be altogether unjust Do command and by these Presents strictly enjoyn you the above-named Thomas Ivie and you his said Counsellors Attorneys Agents Sollicitors and every of you under the pain of 500 l. to be levyed of your Lands Goods and Chattels to our use That you and every of you do from henceforth surcease and forbear all further Proceedings at the Common Law against the Plaintiff upon the said Action and Iudgment thereupon until the said Cause shall be finally heard and determined before us in our said Court And this you nor any of you may omit in any wise under the penalty aforesaid Witness our Hands at Westminster 10 November 1653. Vera Copia ex May. This Injunction being now Granted Signed and Sealed with the Commissioners Hands under the Great Seal of England is the Accomplishment of all their Designs and the compleating of my Misery though the Courts of Law both could and have in some measure relieved me yet is the power of it restrained by this Injunction which indeed I suppose can be called nothing else than a perfect Separation and Divorce Whether the Chancery being stiled the High Court ever receives from any Parliaments such an unlimited power as this It behoves them to make our unto your Highness 'T is the Opinion both of the greatest and honestest Counsel of England That no parallel for this Case no President of the like Nature is to be found on Record Nay they are not backward to aver That it is as contrary to the Word of God the Law of the Nations the Civil Law the Law of our own Country as well as the Practice of the Chancery it self Once did that Court by its own Authority issue out a Sequestration upon a Gentlemans Estate and it was by very many Persons admired and murmur'd at but never could I hear that they ever sequestred Women from their Husbands Were there not a superiour Jurisdiction over this Court whose Determinations seems too too Arbitrary being gounded solely upon the Opinions not to say the Passions or Affections of two or three Erring men what a miserable Bondage and Slavery were this Nation in What Benefit could we expect from all the good Laws of former Ages if their power may be quell'd or supprest at the pleasure of the Chancery They might have for ought I know made an Injunction also that I should never complain and if I had attempted to have made known my Case to have laid me by the heels But blessed be the Name of our God Iehovah whose extraordinary Providence hath been visible in this Land that he hath raised up and setled your Highness to be next under himself the Supreme Dispenser of Justice and Righteousness to these Nations which the Lord has happily placed under your Highness Government By which means we have a just confidence to be assur'd having had many Experiences already of your Highnesses singular piety and justice in those several Stations where the Lord has formerly placed you That there shall be no more complainings made either in our Streets or in the very Corners of our Country but shall be heard and relieved even against the Great Ones amongst

Sancroft who raised the Rent to 80 l. during the Life of Freak who was the surviving Life and to 100 l. after Which Lease dated 12. July 21 Car. 1669. was read Mr. Serj. Stringer We have brought it home now my Lord to the Lessor of the Plaintiff For we have shewn this Lease was surrendered to Dean Stillingfleet and thereupon he made the Lease to Garrard and Cratford which we have given an account of before And so we have shewn a Succession of Leases from the Church for 130 odd Years L. C. I. The last Lease is at the Rent of 240 l. a Year I think Mr. Serj. Stringer Yes my Lord. Mr. Serj. Maynard Have you done Gentlemen Mr. Serj. Stringer Yes we have till you give us farther occasion Brother Mr. Serj. Maynard Then may it please your Lordship and you Gentlemen of the Jury I am of Counsel in this Cause for the Defendant my Lady Ivy. The Plaintiffs have given you a sort of Evidence for a Title but the Truth of it is all that they say will not make a Conclusion such as they would have from their Premises For all that they have proved is that the Deans of Pauls successively one after another have made Leases They did in the beginning tell you they had had this Land hundreds of Years But what have they had and what Leases have they made But only a Mill a Bakehouse a Trough of Lead and all Houses Lands Meadows and Pastures thereto belonging We do not deny but that they are to have a Mill their Leases are all so even the new ones do mostly follow the Tract and Words that were used in Queen Mary and Henry the eighths times But here is the truth of our Case That the Dean and Chapter had a Mill we agree nay more than that we agree that they have Eighteen Acres that lye on the North side of Ratcliff High-way and also that they have another parcel of Land called the Lynches That this may be understood we now crave leave to deliver Maps to the Court and the Jury Mr. Serj. Stringer And we desire ours may be seen too Mr. I. Withins Aye deliver in your Maps this is the only fit place for them Which was done on both sides Mr. Serj. Maynard Then my Lord I will go on We agree I say they had a Mill which is now taken down and put in another place We shall shew them where it did stand and that was no part of the Land now in Question The Jury have seen the place and I hope have had a satisfactory view of it There was once a Mill standing and there was once a Pond but that Mill and Pond doth stand elsewhere The Land in Question we say was anciently Marsh Ground and subject to the overflowing of the Water and it is so to this Day In H. VIII time it was by one Vanderdelf a Dutchman drained This by Act of Parliament Richard Hill was made Owner of and he convey'd it to Stepkin who was the Defendants Ancestor and whose Heir she is And the Boundaries are set down in that and the subsequent Conveyances which cannot possibly stand with those that their Mill is said to stand in We shall shew by several Records the Queen had a Title to it by a Conveyance in way of Mortgage to her and this afterwards was conveyed back again to the Ancestor of my Lady Ivy. We yield they had a Mill and they have increased the Rent sufficiently upon it not to need other Mens Land ' They have Houses built upon it I know not indeed how much but I think it is near 1000 l. a Year that yields to them If then we can demonstratively shew you where our Ground is and where theirs is and if we affirm our Title by Records and good Conveyances then by a Pretence to a Mill I hope they shall not grind us or take away all our Land Mr. Att. Gen. My Lord and Gentlemen of the Jury I crave leave to answer the Evidence that has been given before I enter upon our Title They have spent a great deal of time to derive down a Title to the Dean and Chapter of Pauls to a Mill a Bake-house and some little Ground thereto belonging And truly as Mr. Serjeant says no Man ever questioned the Dean and Chapter for their Mill and Bake-house and Leaden Trough But the thing in Question is seven Acres and an half of Land which in the Memory of Man was Marsh Ground If you observed it Gentlemen upon the view how it lies you know the North Bound is the Dean's Lynches the South Bound is the Thames Wall the West Bound Foxes-lane and the East Bound is the Hilly-ground that is called Cock-hill And we say as to all this Land it is none of the Dean and Chapter 's nor ever did pass or was enjoy'd by this Lease but we shall shew you it was under another Lease I must observe that it is very strange upon their own Evidence that a Mill cum Pertinentiis should pass seven Acres of Ground and a Mill that was demolished so long ago as in Queen Mary's Time for so we shall plainly shew you it was and that these Lands containing so considerable a Revenue should not have a Survey taken of then or a Boundary made of the Land that they might know what was theirs and what their Neighbours For your Lordship and the Jury may observe in all the Leases and Conveyances down to this time in Dean Collett's Lease and onward there was nothing mentioned but a Mill with the Apurtenances or a Tenement with the Apurtenances But they have not one fixed Boundary of their Lands and really it cannot be presumed the Dean and Chapter should be so ignorant Besides in the ancient Lease that they produce of Ed. VI. Time there was a Covenant to pay the Quit-Rent as for Lands holden of the Mannor of Stepney and we did expect that they would have brought some of the Rolls and Records of that Mannor and out of some Survey there remaining would have given a particular Testimony of what Lands belong to the Dean and what doth not But in Truth we say this is properly Marsh-Land for that will be your Question Gentlemen that you are to try I believe at last Whether these seaven Acres thus bounded on Foxes-Lane West on the Thames South on the Hilly-way called Cock-hill or Mill-ditch East and on the Dean and Chapter 's Lynches North be Marsh-ground The Dean and Chapter have given Evidence of some Leases which upon the Surrenders were delivered up to them but there are none produced they only read the Entries in their Books Now we shall demonstrate that this Mill of theirs was an Overshot-mill for there is mention made of a Leaden Trough which is the only proper Instrument of an Overshot-mill Therefore we will first settle because they themselves will not what is theirs and then we doubt not to give you Satisfaction that this was never

both with the Heirs at Law the Executors of the said Will and the Trustees of the said Estate That both the Defendant and Plaintiff must necessarily be defeated of all Hopes of ever enjoying the Father's Estate for the future unless the 4000 l. aforesaid be raised and disposed of according as is limited and appointed in the Deed of Settlement or the said Will proved for in Default thereof the Trusttes are obliged by the said Indenture to settle the said Estate on the Plaintiffs Father and his Heirs for ever And the Estate is not as yet recovered by the Defendant but is still invested in the Trustees who are no Parties to these Proceedings and in the Possession of the Heir at Law Insomuch that no Alimony as the Defendant is advised by his Counsel can be ordered from hence because the Ordinance of Parliament impowereth the Lords Commissioners to allow the Maintenance out of the Husband's Estate not out of any others whatsoever And the Plaintiff hath or ought to have in her Custody 1200 l. worth of Jewels which were delivered her according to the Indenture of Settlement at the Intermarriage And in case the Defendant survive her ought to be restored to the Defendant who hath too great reason to suspect that they are wasted and embezelled and therefore the Defendant humbly beseecheth your Lordships that instead of giving her Alimony you will be pleased to force her to give good Security unto the Defendant or bring the Jewels into Court that so he may not be cheated of 1200 l. by the Plaintiff and her Abettors and unless your Honours yield to secure the said Jewels whilst this Cause depends before you he doth not conceive where or how he can be redressed from any Court of England That about the beginning of these Unhappy Differences it was proposed both by the Plaintiff and her Father that in case she might have her liberty to live where she would that she would accept of 120 l. per Annum for her Maintenance and look on it as a very good Provision which accordingly was agreed upon and drawn into Writing and Engrossed by and with the Consent of Sir Iohn Brampstone her Uncle and Orlando Bridgeman Esq two of her Trustees her Father also promising that his Estate should be setled according to the Covenants on the Defendant without further Sute of Law but the said Defendant was unwilling to Seal it being very tender to Act any thing that might separate him from the continual Enjoyment and Society of his Wife so that 300 l. per Annum is more than her self Father Trustees and Friends did think fitting by 180 l. per Annum That the Petition it self is both False and Scandalous and hath been disproved by several Witnesses nay the contrary also proved by Persons of Quality that she lived very Plentifully in great abundance rather beyond than under her Quality in every respect as the Defendant hopeth is most visible to your Honours That notwithstanding such vast Sums have been expended on her by her means and that the said Defendant is to pay to Creditors 3000 l. and to raise 4000 l. more to be secured unto the Trustees as aforesaid And that in case he recover the Plaintiffs Father's Estate 't will not with his own make above 872 l. per Annum out of which all these Moneys must be raised and in case 300 l. per Annum of this shall be taken away out of the Plaintiffs Father's Estate which he has dearly bought and purchased That 't will be impossible for the Defendant to avoid perpetual Imprisonment but must be kept in Goal and the Creditors Defrauded and must there perish and himself be cheated also of 1200 l. worth of Jewels yet he is most willing to receive her and take her again and forget all former Passages whatsoever that so they may be for the future lead a peaceable and godly Life together Counsel also I did retain very many and great ones That in Case the Lords should refuse the Papers and would not hear the Merits of the Cause in Publick in regard I might not be wanting to lose the opportunity of that Time which they had ordered for me I drew up also to be rendred at the same time that if it had been possible I might have prevented both Reading and Arguing too this short Petition following Theodosia Ivie Plaintiff Thomas Ivie Defendant To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England The Humble Petition of Thomas Ivie Defendant Sheweth THat your Petitioner with much Horror and Amazement doth consider the great unhappiness of his future life if your Lordships shall both separate him from the Society of his Wife and take from him so great a part of his Estate having such great debts to pay as have been made appear to your Lordships That he cannot Despair in the infinite Mercy of God in whose hands are the hearts and desires of all Mankind But that his Wife notwithstanding such vast sums of Money have been wasted and such odious aspersions cast on him may yet return and take Comfort from her Husband being passionately desirous to receive her if all Christian and prudent means may be applied That for your Petitioners part he doth as in the presence of God forgive her from the bottom of his Soul and is most willing to cohabit with her so long as he liveth on Earth That he hath often desired to express unto her and used all the Industry as Man can imagine but once to speak with her even before any of her Friends to let her know so much but could never obtain any such meeting from her In Order hereunto he very willing that a Godly and Conscientious Divine may be received to live in house with your Petitioner and his Wife both to exhort and instruct them in their Duties towards God and one another and to perform all Gospel and Family-Duties amongst them for certainly the Lord will not deny a Blessing on those means which he hath ordained and which is unfeignedly sought after by a broken and contrite Spirit And your Petitioner will oblige himself to allow any such Minister 50 l. per Annum besides all other conveniences whatsoever May it therefore please your Lordships not to pronounce any such hard Sentence as Separaration but rather enjoyn your Petitioner and his Wife to live together and to appoint any honest and religious Divine to live with them who may ever be at hand pray with them and for them and keep up their Spirits in Peace and Unity together August 24th 1652. And your Petitioner shall pray c. Thomas Ivie When the Day came and the Counsel began to speak my hopes were quickly commanded to vanish and the Counsel to hold their Peace for they suddenly declared That they would not hear the Merits of the Cause With much pressing Mr. Lisle read the Petition And though they took evident notice of it yet would they not

seized upon by my Wife and locked up in her Closet Notwithstanding upon this Report the Maid did not send but came her self to demand her Trunks and I seeing of her in the House began to ask again why she went away and upon what occasion that Searching of her by Men and Women were But her Mistress calling her Queane for acquainting me with it and threatning to strike her for it denied her the Trunks and caused her forthwith to be sent away And the very next day Mrs. Williamson and my Wife gave out in Speeches amongst my Family and Neighbours that they had broke open the Trunks and had found that she had been a Baggage and a notorious Thief and stollen her Goods And thereupon the better to secure the Wench either for complaining of these Abuses or telling me the Truth of her Usage they procured a Warrant from my Lord Chief Justice Roles to apprehend the Maid for her Life having charged her with Felony But finding that the Maid kept in and that by vertue of the said Warrant they could not enter any House to take her forth they entered into a new Project how the Wench might be secured both Tongue and Person and also that they might seize on her wheresoever she was To this end Mr. Pauncefoot was look'd on as a fit Instrument having Relation to the Lord President Bradshaw and was desired to procure them a Warrant from the Council of State upon Pretence that this poor Wench held Correspondency with the Enemies of the Commonwealth beyond Seas and so apprehended her By vertue of which Warrant she was seized on accordingly and kept close Prisoner eighteen days together with great Hardships During this Imprisonment a Gentleman came to this Wench from my Wife advising her to humble her self to her Mistress and to confess her self Guilty and much to that purpose but she being Innocent utterly refused any such Acknowledgment During this Imprisonment many Petitions for to be heard at the Council did she attempt to present but were still kept off by the means of the said Pauncefoot neither could she ever be heard At length my Wife and Mrs. Williamson finding nothing could prevail after Sorrow and Grief in this lamentable Condition had almost killed her they had contrived a meeting for the Wench by the permission of her Keeper in Moor-fields where as soon as my Wife saw her she fell into a deep fit of Weeping to the Wench and told her how dearly she loved her and that she was in perfect Friendship with her and earnestly desired that all things which had passed might be forgotten promising withal that in a very short time she would abundantly express how sensible she had been of her late Sufferings Hereupon my Wife without ever acquainting or procuring their Order for her Freedom only giving the Messenger of the Council of State 20 l. caused the Maid by her own Power by which it seems she stood committed to be set at liberty But very suddenly after Enlargement her Body being quite spent and her Mind almost distracted with Grief and Melancholy she died and in her Death-bed professed solemnly that by reason of those Cruelties which had been practised upon her by Mrs. Williamson and Mrs. Ivie and especially by the Operation of a Potion given her by them which upon the words of a Dying Woman she believed to be Poyson That they had been the cause of her Death and that she doubted not but that the Almighty God would require her Blood at their hands After these things were laid open to the Lords Commissioners for the Great Seal I little expected that Vices should be received for Reasons that such Abominations should have been thought worthy the Protection not to say the Encouragement of such eminent Judges but with Grief of Heart and empty Purse may I say that I found experimentally their Chancery rather a Court of Oppression than good Conscience nay I have this peculiar in my Case that after all Witnesses on both sides were examined they never afforded me that Favour which they omitted to none as to command me and my Wife in Person to attend them and to endeavour a Reconciliation between us This I thought hard measure because I was informed all others had participated of that Civility from them and the more hard in regard my Wife had frequent and private Addresses unto them and I was never admitted any The Consideration of this not only astonished me but gave me a strong Alarm also to be very Circumspect lest I might have as little Justice in their Sentence as I had savour in their Proceedings And that on the other side when I remembred they openly declared before my Council that nothing should be concluded without sending for both Parties and also their Parties and also their Order of the 27 of October 1651. that they had denied her any Expences of the Suit in regard the Merits of the Cause should be speedily heard I could not conclude within my self but that I should be dealt withal according to their own Rules and Practice of all the of England and that a Summons upon a day of hearing should be first sent e'er any Sentence pronounced or Decree made in the Cause But what I often suspected and was intimated unto me by others I had now too much reason to believe For after eight Months having all that while never received any command to wait upon their Lordships when all my Counsel was out of Town Iuly 24. 1652. Her Counsel Mr. Vincent and Lieut. Col. Zanchey her Sollicitor with a Sword by his side presented unto the Lords Commissioners a final Decree ready drawn it not being first perused by Counsel of my side as by the Rules of the Court it ought to have been for no less than 300 l. per Annum a fair Sum and enough to tempt a good Woman to be bad The Draught of the Order is thus Lords Commissioners Saturday 24 of July 1652. Between Theodosia Ivie Plaintiff and Thomas Ivie her Husband Defendant WHereas the Plaintiff having exhibited her Petition against the Defendant her Husband to be relieved for Alimony unto which the Defendant having put in his Answer divers Witnesses were examined by Commission and others were by their Lordships Directions also examined by the Register in the presence of Council on both sides And for the better clearing of the Matters and Satisfaction of their Lordships therein their Lordships were also pleased themselves to examine several Witnesses viva voce And the Cause having taken up many days in hearing after much Debate and Pains spent herein And upon full and deliberate hearing of what could be offered on both sides And upon reading of the said Depositions and of the Indenture made upon the Marriage whereby the Estate of the Plaintiffs Father is settled upon Sir John Brampston Kt. and William Booth Esq to the uses in the said Indenture declared Their Lordships were fully satisfied that there is good cause to

but whether it be just and righteous I submit to your Breast and that is thus That although it was Convenanted between Mr. Stepkins and my Trustees that in case I did not perform all the Covenants to which I had obliged my self then was the said Estate of 240 l. to go to the use of the right Heirs of the said Stepkins until such time as I should perform By virtue of this Clause did young Stepkins lay claim to the said Estate Yet say the Commissioners that Mr. Stepkins the Father Who had reserved unto himself the Remainder of the said Limitation to me and my Wife made a Will and by that Will had acquitted me from any further Performance insomuch that the Estate was now totally belonging unto me This I believe my Wife told them and peradventure shewed them such a Will and this is their Ground But by their leave I cannot think till such a Will be legally proved That it can be any Ground for them to give away the Estate in such manner as they have upon a bare suggestion of one Party for whose interest and profit it was Certainly had they been as conscientions Judges as they are Judges of Conscience they would have first caused her to prove the said Will which then had clear'd the Estate from the claim of my Brother Stepkins and saved me the expences of some Suits in Chancery for no other end than to get the Will produced which to this day I am not able to do Notwithstanding I have a Bill of Complaint depending before them for that purpose Nevertheless all these discouragements it pleased the Lord to give me a proportionable measure of Patience to submit unto his correcting hand and in the most sore Afflictions which I have undergone he hath not with-held his loving kindnesses from me nor the sweetness of his refreshing Spirit though many Oppressions and Grievances were daily multipled and many new Suits at Law were let on foot against me by my Wives means who now seemed justified by them and my self vilified and undervalued Yet was I not clamorous at their Bar neither was I ever admitted to any private Speeches with them or indeed did ever seek it being confident that my cause wanted the Protection of Justice only and not favour but waited still expecting when they would put their good Promise in Execution and send for us and endeavour a cordial Reconciliation between us But after two months were expired and hearing nothing from them to that purpose though many several Friends of Quality had moved them thereunto I addressed my self with an humble Petition for a hearing After it was read they appointed a day though it was somewhat far off yet it did abundantly revive me hoping that that day would be the end of my trouble and that then my Reputation and Estate might be repaired my Person freed from the continual molestation of Catchpoles And my Wife her self whom I had perfectly forgiven restored unto my Bosom The Order which the Lords made in Answer to my Petition was this Saturday 29th of April 1653. Between Theodosia Ivie Plaintiff Wife of Thomas Ivie Defendant UPon the Defendants Humble Petition this day preferred to the Right Honourable the Lords Commissioners for the Great Seal of England shewing That in the unhappy difference fomented by evil persons between the said Parties and the said Plaintiff hath petitioned their Lordships for Alimony being separted from her Husband without his Consent Thereby intending to live a-part by her self contrary to the Marriage Stipulation to the destruction of the mutual happy Comfort that might and ought to be between parties so nearly joyned pending with Suit Their Lordships as Iudges of good Conscience did often move her to Conformity and Reconcilement chiefly desired by the said Defendant but the Plaintiff refused And by an Order of the 24th of Iuly last their Lordships were pleased to appoint her 300 l. per Annum out of her Fathers Estate until further Order And the said Defendant being daily arrested and troubled for the said Plaintiffs Debts cannot walk the streets without molestation by the Officers and Bailiffs It was prayed That some day as soon as to their Honours shall seem meet may be appointed to hear the Defendants Reasons and the merits of the Cause why the said Order should be nulled To command the Defendant and his Wife to be personally before their Lordships at the same time so that there might be a final Conclusion of these unhappy and unnatural Differences under which the Defendant hath long groaned to his utter Ruine Their Lordships do thereupon Order that Counsel on both sides be heard in the Business the first Day of Causes in Trinity Term next Iohn Sandford Deput Regist. My Hopes and Expectations being now raised from the Dust I considered with my self how I might represent the Case between me and my Wife with the least prejudice to her For upon some Debatings about the Witnesses I had examined against her I found the Breach still made wider by her Lawyers aggravations than it was really in it self what was but a scar they would tear open into a wound nay they preferr'd a seeming Rhetorick so far before a Christianity that rather than they would exasperate they would speak Point Blank to the very Papers they held in their hands And therefore to prevent the like Inconveniences and aiming at a perfect Reconciliation I drew up all that Counsel could be instructed in or could offer at the Bar into writing and for each Commissioner had a Paper ready to be presented as follows To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England WHereas the Daught of an Order was on Friday August the 13th made and presented unto your Honours by the Counsel of the Plaintiff and Mr. Zanchie her Sollicitor not entred into the Registers Book or drawn up by him from any Notes taken in Court or was ever perused by the Defendants Counsel before it was signed according to the Rules of the Court in which Order it was mentioned that 300 l. per Annum should be raised out of the Fathers Estate which was setled at the Marriage upon Sir John Brampston Knight Orlanlando Bridgman Esq and William Booth to uses c. and upon the reading of it it was ordered by your Lordships at the same time that unless the Defendant should shew cause at the next Privy Seal a Decree should pass accordingly And whereas it was ordered by another of August the 19th That on Tuesday following the Defendant should attend and shew Cause why the said 300 l. per Annum should not be decreed May it therefore please your Honours to consider these following Considerations which are all proved upon Oath and good Evidence wherein he hopeth it is sufficiently cleared that the Plaintiff neither ought to have any Alimony out of that which was her Fathers Estate or out of her Husbands Mrs. Ivie the Wife of Thomas Ivie suggesteth

propter Adulterium or will consent to separate it is most reasonable he should allow her convenient maintenance else he should take advantage of his own wrong and humour and Women should be in a worse case and condition than Servants who during their contract must have their Wages which between Husband and Wife ends not till death And it is conceived the Act of Parliament which impowreth the Lords Commissioners of the Great Seal to allow Alimony chiefly and naturally intends Relief where the Husband doth repudiate and not the Wife the words being upon consideration as well of the Portion or Estate that hath been paid or come to the Husband by such Wife as shall pray Relief And therefore in this particular Case it may be very justly insisted even from the Sence and Letter of the Act as also that 't was Mrs. Ivie separated her self from her Husband 't was not her Husband left her Nay after she was gone he used all affectionated and prudential means to bring her home to Cohabit with him neither doth he desist in the prosecution of it but hath several ways attempted it even until this day and doth still declare and protest his willingness to receive her whensoever she will Return and give security for his well Usage of her That she wanted nothing before her departure but was indeed maintained far above her quality is most clear from the Depositions and it is clear also from the Depositions that there was no deserting of her by her Husband but that her departure was absolutely upon Advice and Consideration design'd by her self and her Abettors especially if your Lordships please to remember those unhandsome correspondencies held by her with Gentlemen under feigned names her frequenting and meeting them in scandalous houses in Long-Acre and other places at unseasonable times of the Night under the pretence of withdrawing from her Husband being a Bed to her Devotion Those horrid and detestable plots upon Iane Gilbert even to the losing of her life Her charging her Husband with foul diseases of which he was cleared upon Oath by the President of the College and other learned Physicians And also her Contrivances and Sollicitations to her Brother Iohn Stepkins to murder her Husband which appears by the Oath of the said Stepkins Moreover seeing that there is a Caution in the Act that the allowance to the repudiated Wife ought to be proportionable to the Fortune she brought her Husband May it therefore please your Honours to understand 1. That he never received any penny Portion as yet and hath great reasen to doubt whether ever he shall 2. Because the Estate of her Father is at the present in the aforesaid Trustees and not in the Defendant nay it is so setled on them that unless I can raise and secure 4000 l. more besides 7000 l. already laid out they are not obliged neither will they nor can they convey it to the Defendant as appears by the Indenture of Settlement 3. In case they should convey and settle on the Defendant the said Estate 't is only for his life and no longer for which Estate being only 240 l. per Annum He has disbursed and laid out far more money than it is worth this appears from the Indenture viz. a 1000 l. to Mr. Stepkins in ready money to free the Estate from incumbrances three years since The Interest whereof comes to 200 l. In Jewels Pearls Ambergreeze Bezoar c. to the value of 1200 l. There was also spent in Law to enforce the Trustees who were kept back and hindred by Mr. Stepkins her Father to settle the Estate according to the Covenants and for the Fine and Recovery 200 l. more at least which makes 2600 l. That notwithstanding all the aforesaid Sums of Money have been laid out by the Defendant the Trustees do still refuse to convey the Estate to the Defendant and the Plaintiffs Brother as Heir at Law hath since the Death of his Father got the Possession of the Estate and receives the Rents Issues and Profits thereof Insomuch that the Defendant hath been necessitated to expend great Sums of Money to maintain several Sutes at Law both against the Trustees and Heir at Law in Preservation of his Estate for Life which he has so dearly bought as aforesaid That by the Plaintiffs means there has been consumed and wasted of his Estate 4000 l. viz. 3000 l. since Marriage spent on her 500 l. given in Money 100 l. given to Gentlemen of her Familiar Acquaintance to perswade her to go into the Country 300 l. taken in Silks and Plate from the Defendant whilst that he was at the Court of Aldermen He has also contracted several great Debts to the value of 3000 l. besides 1000 l. spent in this unhappy Sute and must therefore necessarily in case 300 l. per Annum be taken from him be cast into Prison the most part of his Life he having but 632 l. per Annum of his own Estate and that for his Life only both to pay all his Debts aforesaid and to live on beside Excepting the 240 l. per Annum which if it be recovered from the Heir of Stepkins and recovered by the Trustees all which will yield but a scant and bare Maintenance for himself Wife and Family to raise out of it 3000 l. for the Creditors and 4000 l. more according to the Indenture of Settlement unless the Defendant be acquitted and discharged of the said 4000 l. by the last Will and Testament of the Plaintiffs Father in whom the remainder of the Estate was in case the Defendant should have no Issue or not perform the Covenants which he stands obliged to perform in the said Deed And though the Defendant is credibly informed that the said remainder is disposed of to the said Plaintiff and the Defendant is also acquitted from all performance of any Covenants expressed in the said Deed of Settlement Yet so it is that the Plaintiff having got Possession of the said Will and by Combination with Sir Iohn Brampston Kr. c. his Son the sole Executor of it still keeps and detains the said Will from being legally proved Insomuch that the Defendant cannot make any Benefit of the said Estate nor by Law enforce the Plaintiff to produce the Will she being his Wife That this is not a bare Suggestion I doubt not but is very evident to your Lordships she and her Sollicitor Zanchey having often avouch'd in your Lordships presence that both there is such a Will and that your Lordships have seen it This is also very well known unto her Council Mr. Maynard who caused to be delivered unto Sir W. Row a true Copy of the said Will taken from the Original which was long in his Custody But such is the Plaintiffs Malice to the Defendants Person and Estate that she still suppresses and hinders the proving of it which is the sole cause of the Continuance of many great Sutes and vast Expences to the Defendant

give Allowance for Alimony to the Plaintiff And do Order and Decree that the Plaintiff have paid unto her the Sum of 300 l. by the year which their Lordships intend to be had and raised out of the Plaintiffs Father's Estate so setled in the said Trustrees as aforesaid until farther Order And do therefore Order that the said Defendant and the said Trustees shall authorize or permit and suffer the Plaintiff or whom she shall nominate and appoint from time to time quietly and without Interruption to receive the Rents and Profits of the said Lands And the several Tenants of the Premisses are hereby ordered to pay the same accordingly from our Lady-day last And the said Trustees and the said Tenants in so doing are to be saved harmless by the Decree of the Court But in case the said Lands are in a greater yearly value than the said 300 l. per Annum And that the said Defendant shall at any time signifie so much unto their Lordships And undertake and sufficiently secure the Payment of 300 l. per Annum quarterly unto the said Plaintiff by equal Portions to begin from our Lady-day last then the said Defendant is hereby decreed to pay unto the said Plaintiff the said yearly Sum of 300 l. accordingly until further Order at aforesaid And that the said Trustees are in such Case to permit and suffer the said Defendant and his Assigns to receive and enjoy the Rents and Profits of the said Fathers Estate any thing herein contained to the contrary in any wise notwithstanding Rob. Dod Deput Regist. Being advertized by a Friend of these irregular Proceedings and perceiving what a Considerable part of my Estate was aimed at I addressed my self immediately with this Petition to the Lords Commissioners August 19. To the Right Honourable c. The Humble Petition of Thomas Ivie Defendant Husband to Theodosia Ivie Plaintiff Sheweth THat several Papers have been brought to your Petitioner intituled ●● Orders from your Lordships but without any Subscription of the Register or his Deputy That at the end of one of the said Papers 't is mentioned that unless cause at the next Privy Seal be shewn to this Court to the contrary by the Defendant That 300 l. per Annum therein mentioned shall be decreed But on what day the next Privy Seal will be or in what place is not expressed in the said Paper Neither can your Petitioner by all possible means and industry find when and where he may attend your Lordships Insomuch that your Petitioner hath just Ground to fear if any such Order be either he may be surprized or a Decree might pass against him without his Knowledge of the time wherein he might make his just Defence especially all his Papers being at present in the Custody of his Sollicitor Mr. Cox who is not in Town In tender Consideration whereof may it please your Honours to declare whether any such Order was made by the Court and at what time and place your Lordships have or will be pleased peremptorily to appoint to hear the Defence of your Petitioner who with all humility and willingness will attend your Lordships Hoping by God's assistance to give a full Demonstration of his Innocency and Integrity and to wipe off all the foul Aspersions whatsoever which have been cast upon him to ruine both his Person and Estate And your Petitioner shall ever pray c. All the Return that I could obtain from the Lords Commissioners unto the said Petition was this Let Mr. Ivie attend us to shew us Cause according to the last Order on Tuesday next 19th of August 1652. B. Whitlock R. Keeble J. Lisle On the Tuesday following I did attend in Person but without any Counsel all being in the Circuits with the Judges And if could have found any it had been almost impossible to have fully instructed them in the Cause there being so many Depositions and those of so great Length Whereupon I renewed my humble and earnest Request unto them with all the Vehemency I could express That they would make no Decree before they heard the merits of the Cause on both sides Notwithstanding I found 't was their Resolution to sign that Irregular Paper and to declare before-hand that they had found just Cause for Alimony The Preamble of the Decree being full of Reflections and containing several Insinuations against me All that they thought fit to add was this Clause Vntil further Order A dear Expression in Chancery and as costly as the other Vnless he shew Cause Now and not before was the Order which they commonly call the Decree having put the Great Seal unto it delivered unto the Register to enter which first ought to have been drawn by him and then perused by Counsel on both sides Had any one but heard what smooth words the Lords Commissioners gave me at this time telling me That it should not be prejudicial unto me and that they would hear my Counsel at any time come when I would and that 't was but a Temporary thing and that they would deal tenderly with me in so tender a Case as between Man and Wife one would have almost been persuaded that it had been my duty to have given my consent also But though there was Honey in their Mouths yet was there too too much Gall in their Ink and Wormwood in their Decree Had they but considered the Deed of Covenant which they professed they had perused 't would have appeared very evident that there was no shadow for so great allowance as 300 l. per Annum When her Father himself and my Wife also made to me a Proposition of giving her the liberty of living where she would and setting out for her fit allowance they themselves did desire no more but 120 l. per Annum Depos l. Besides of the Articles in my custody which they caused to be drawn to the same Purpose But I suppose the Lords Commissioners were so far from considering what they signed that they never read the Deed which they mention nay I think I may safely say They did not or would not consider the Act it self for Alimony For that Act impowers them to give only such Alimony as is proportionable to the Fortune which the Woman brought and that also to be raised out of the Husbands Estate Whereas the truth is she hath not in all her Proofs proved that she had been or in probability could ever be worth a Penny to me And as for that Estate which the Lords Commissioners did decree unto her 't is true I had an equitable Title unto it but it really did belong to the Heir at Law until such time as I had performed some small Covenant Insomuch that Mr. Stepkins his Son and Heir also was injured by these proceedings of the Lords Commissioners for which he hath often made his Complaint as well as his just Title in Law though to little purpose I know full well what shadow the Commissioners put on this dealing