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judgement_n action_n court_n defendant_n 3,192 5 9.7483 5 true
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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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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