Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	defendant_n	plaintiff_n	2,243	5	10.0786	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87232	Alimony arraign'd, or The remonstrance and humble appeal of Thomas Ivie Esq; from the high court of chancery, to His Highnes the Lord Protector of the Commonwealth of England, Scotland, and Ireland, &c. VVherein are set forth the unheard-of practices and villanies of lewd and defamed vvomen, in order to separate man and wife.; Humble appeal and remonstrance of Thomas Ivie, Esq.	Ivie, Thomas.	1654 (1654)	Wing I1108; Thomason E231_3; ESTC R8770	44,790	55

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 be 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 as aforesaid And that the said Trustees are in such Case to permit and suffer the said Defendant and his Assignes to receive and enjoy the Rents and Profits of the said Fathers Estate any thing herein conteined 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 as 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 surpriz'd 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 Gods 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 Counsell all being in the Circuits with the Judges And if I 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 had heard the merits of the Cause on both sides Notwithstanding I found 't was their Resolution to signe 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 conteining several Insinuations against me all that they thought fit to adde was this Clause Vntill further Order A dear Expression in Chancery and as costly as the other Vnlesse 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 perswaded 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 Inke and Wormewood in their Decree Had they but considered the Deed of Covenant which they professed they had perused 't would have appear'd 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 Husband 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 but whether it be just and righteous I submit to your Brest and that is thus That although it was Covenanted 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 goe

no sooner spoke but I confess I laid hold on though I had been most hardly and severely dealt withall 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 untill in his due time he should raise up Judges in our Israel who should execute Righteons Judgement 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 perswade her my self to leave those Persons who aymed 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 Accordinly taking two civil Gentlemen I went to her Lodging but received a Repulse from her instead of Complyance 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 Cheif Justice Roles a renowned Person had a Verdict Judgement 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 itself 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 Judgement 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 releeved against my Execution And after he had preferted his Bill though my Answer was so clear as it could not admit of one exception moved for an Injunction after Judgement 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 Parliamemt 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 Pl. against you the said Thomas that the Pls. Bill is to be relieved against an Action and Judgement thereupon obtained against the Pl. upon pretence of the said Pls. 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 Separacion In which time she ought to have a Habitation apart from you the said Defendant as well as a separate maintenance or else the Decree were groundlesse 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 benceforth surcease and forbear all further Proceedings at the common Law against the Plaintiff upon the said Action and Judgement 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 Witnes 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 behooves them to make out 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 Sequestrat●on upon a Gentlemans Estate and it was by very many Persons admired and murmur'd at but never could I near that they ever sequestred Women from their Husbands Were there not a superiour Jurisdict on over this Court whose Determinations seems too too Arbitrary being grounded solely uppon the Opinions not to say the Passions or Aff●ctions 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 qu●●●'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 aid me by the heels But blessed be the name of our God Jehovah 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 severall 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 us T is your Highness power therefore which I implore t is only your power can free me from those Fetters which are laid upon me by the Lords Commissioners only your power that can repair me for t●e Injuries done both to my Person and Estate which I have undergon by Reason of my seduced Wife T