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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

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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
thing now we would have gratified them with a sight of it in Court where he should have had his full view for my Lady has it still and it is a true Mortgage and for a real Consideration But he says this is released and she did that as is supposed to suppress any Inquiry after it But with Reverence to Sir Charles Cotterell the Fact is otherwise My Lady Salthill pretended to a Debt from my Lady Ivy for Nine Years Diet for Four Persons and the Reckoning being made according to my Lady Ivy's Quality was made so high that it paid off the Mortgage But he has the Deed still L. C. I. But what say you to the Deed of Sale and my Friend Sutton's Notes out of the Lease and the Debt of 96 l. and 4 l. but a little before acknowledged by my Lady Ivy Mr. Sol. Gen. My Lord in answer to that we say he has been pleased to give it a great deal of Garniture and as he is Master of the Ceremonies to adorn the Story with abundance of Flourishes of his own Kindness and Interests L. C. I. Mr. Solicitor you are not to judge of that whether it be Flourish only or Substance the Court and the Jury are the Judges of that and truly I think it very material to the Cause I assure you I do let the Dirt be taken off as it can it sticks very much I must speak my mind Mr. Sol. Gen. When I am over-ruled I acquiesce in the Judgment of the Court. L. C. I. Pray Sir apply your self to answer the Evidence Mr. Sol. Gen. So I do my Lord as well as I can The next Witness is this Gentlewoman Mrs. Duffet she swears that she saw her Husband Mr. Duffett counterfeit many Deeds she does not particularize them And here have been likewise several Letters read that did import a Transaction and Correspondence between my Lady Ivy and him L. C. I. Pray Mr. Sollicitor remember she swears she saw that Lease of Salthills and that called Glover's Lease Mr. Sol. Gen. My Lord this Witness that swears this is not only a Person unfit to be believed but is contradicted by a Record and for that my Lord it stands thus Mr. Iohnson as is well known had his Tryal for the matter about which she now swears For Mr. Iohnson on the behalf of Alderman Ireton undertook to pay 500 l. to Mr. Duffett to procure somebody to swear that the Deed called Glover's Lease to be forged Upon this there was an Information exhibited in this Court against Mr. Iohnson for Subornation and upon full Evidence Iohnson was Convicted for his Endeavour And the Record of that Conviction we have here and desire to have produced and read L. C. I. And I tell you Mr. Solicitor that is no Evidence in this Case Mr. Sol. Gen. Why pray good my Lord Did not they here just now swear her L. C. I. But the Information put in by Mr. Attorney Noy pray remember was not suffered to be read because not against any of the Parties but third Persons Mr. Sol. Gen. But pray my Lord give me leave to apply it to the Objection here made in our Case to the Credit of our Deeds They say it is suspicious because my Lady Ivy used to forge Deeds and particularly Duffett they say did once forge for her Glover's Lease Now to answer that we come to shew that my Lady Ivy did not forge Glover's Lease but there was indeed an Art used to persuade Duffett to swear it forged when indeed it was not for which Trick Iohnson that was the Agent or Instrument was convicted and that Conviction is I think a good Evidence that it was not forged L. C. I. None in the World Mr. Sollicitor and that from the very Evidence that has been given in this Cause this Day For it is plain if you will believe this Woman and I yet see no cause to the contrary that she was coming into the Court to have sworn the Truth which would have perhaps cleared Iohnson but my Lady Ivy would needs keep her away Now if Duffett were so great a Rogue as to forge he would not stick to swear to protect that Forgery and then how easy a thing was it had Iohnson been the greatest Saint in the World to have got him convicted upon what Duffett came to swear against him though had she come then in Duffett would have appeared one not at all fit to be credited Mr. Sol. Gen. My Lord I have then one thing more to offer I cannot tell indeed whether it be material for it seems I have been so unhappy as to offer some things that have not been though material L. C. I. You have so indeed Mr. Solicitor I must speak the Truth there have been several things offered as Evidence which in another cause and Place would not I am sure have been offered Mr. Sol. Gen. My Lord I submit what I offer for my Client to the Judgment of the Court But that which I would say now is this We have here the Husband's Oath concerning this matter that this Woman who now takes upon her to swear these Forgeries and things told him she could have 500 l. if she would swear against my Lady Ivy. L. C. I. Is that Evidence against the Wife Mr. Sollicitor He is now dead it seems but here is his Oath L. C. I. Pray consider with your self could the Husband have been a Witness against the Wife about what she told him upon an Information for that Offence of Subornation Mr. Sol. Gen. No my Lord I think not L. C. I. Could the Wife be an Evidence against the Husband for the Forgery Mr. Sol. Gen. No my Lord she could not and yet she swears it upon him here L. C. I. That is not against him Man he is out of the Case but against my Lady Ivy and how can the Oath of the Husband be Evidence here Mr. Att. Gen. Cryer call Mr. Gibson to give an account of this Gentlewoman Mr. Sol. Gen. Suppose my Lord that both Husband and Wife were brought as Evidence against my Lady Ivy were that good L. C. I. Certainly that were very good Mr. Sol. Gen. Why then my Lord one of them says that she saw such and such things done by Lady Ivy and by him for her and the other says such things were not done but she confessed she could have 500 l. to swear they were done Shall not this Evidence be admitted to contradict the other L. C. I. Why good Lord Gentlemen is the Philosophy of this so witty that it need be so confidently urged is it good Logick that because they both were good Witnesses against my Lady Ivy therefore either of them is a good Witness against the other Shall the Husband's Oath be read against the Wife to fix a Crime upon her Sure you do not intend this should pass for Argument but to spend time Cryer Here is Gibson now Sir Mr. Att. Gen. Swear him Which was