Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	esq_n	john_n	sir_n	38,913	5	9.3479	4	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

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

such an Inheritance Deed made and assigned in Trust for Sir Thomas to Burtbee and Temple at that time and no notice in that Controversie be taken of it at all considering also that that Lease was at that time within Nine years of expiring and also not worth any thing had the Fifty six years Lease been true And farther to demonstrate that it cannot be with reason believed that the Fifty six years Lease from 1620. could be recited in a Deed made in 1664. that was perused by Serjeant Brampston and he a Witness and Lady Ivy a Party to it Note Serjeant Brampston when examined for Lady Ivy in this Cause in 1675. to perpetuate his Testimony being in the fourth Interrogatory asked When and how long it was since he FIRST law the Counterpart of the Lease explained to be this Fifty six years Lease in the second Interrogatory and where and among whose Evidences Papers and Writings he did FIRST see the same in answer deposeth That having several Boxes and Bags of Writings to him delivered by his Brother Sir Iohn that were in the possession of Sir Iohn Brampston his Father at the time of his death to be by him kept he was desired by one Sir Charles Stepkins about six or seven years since to search among the said Writings for the Counterpart of a Lease made to one Bourne and that upon this Deponents THEN searching he did find a Deed with the name Richard Glover as a Party set to it but saith he did not THEN read the same and that these Bags and Boxes of Writings he after delivered to Lady Ivy and among them she told him she found this Lease Now if Serjeant Brampston swears true that the FIRST time he found which in common Speech is as much as to say he knew not of it before a Deed under Glover's hand which might well be the Lease lett by Richard Glover to Aaron Williams which Lady Ivy had purchased were but six or seven years before 1675. how then was it possible that it could be by him for so Burtbee swore 't was recited in a Deed made in 1664 And had it been so recited as now 't is pretended it was in a Deed made in 1664. to which Lady Ivy was Party it must have been known to her self which in her Answer to Sir Robert Cotton's Bill she swears it was not but that it was by her found in May 1675. in an old Bag of Writings And Serjeant Brampstons Deposition also says That she at that time told him that she did find it so so that it is not hard to believe this Deed never produced till Easter-Term 1686. was made for the purpose aforesaid since to support the Truth of this Deed there is nothing more than barely the Oath of one Edward Burtbee a man well known about Town and that he has been all along employed by the Lady Ivy and so not unlikely to have been in the Secret For the Fine if the Deed of Uses be not true it may be of any other five Acres But Note 't was Levied two years after 1664. Just about the time that Sir Anthony Bateman failed and when Lady Ivy set up to Claim the Inheritance of it nor is without some suspicion of having been unduly levied it may be by passing the Offices without the knowledge of Sir Tho. Ivy and Lord Chief Justice the Roll where the Caption of it to which the Lord Chief Justices Hand should be in the Custos Brevium Office being lost And if that Fine was really levied by Sir Thomas Ivy which is still to be doubted for the reason aforesaid 't is not however to be wondred at much considering that he had covenanted to do any Act with the Land in that Lease his Lady should desire so it might be no prejudice to the payment of his 800 l. as aforesaid And it may be he was made believe at that time that it was her Inheritance by being showed the Deed of the 12 Nov. 5 and 6 Ph. and Mary which was before that time made and if any Deed there was made to Edward Burtbee and Edward Temple to lead the use of this Fine of five Acres 't is plain it could not be a Deed dated in February 1664. reciting this Fifty six years Lease for the reasons aforesaid but must have been some other Deed after that time made and designed as this Fine seems to have been in future times to make out some colourable Title to the Inheritance of this five Acres of Land which Lady Ivy held only by Aaron Williams his Lease that expired at Lady-day 1681. And that 't was privately done is plain for neither the Fine nor the Deed was ever in any Trial produced till Easter-Term 1686. All that is to be said to the Verdict is They were given at times when the Creditors Title and that to Pruson's Island were not well made understood to the Court and Jury and when Lady Ivy's Deeds were believed As for the difficulty of making of Deeds a great many may as well be imagined to be made as one single Deed where the Ingenuity of the Party concerned and the Nature of the Title and Place afford good Materials for it And The Reader is now desired to take Notice That Wapping-Marsh was one Hundred and thirty Acres drowned Land in Henry the 8th's time and undertook to be Drained by one Vanderdelfe and so setled by Parliament that when Drained it should be equally divided 'twixt the Proprietors and Richard Hill who had bought Vanderdelfe's half And That no Division though undoubtedly one there was it may be among themselves made is now to be found on Record And Iasper Hill 3 Eliz. by Fine and Recovery having sold to Macheline and Iohn Stepkins 20 Acres of Land and 100 Acres of Marsh in Stepney that being the first Sale on Record 'T is in the power of Lady Ivy as Heir of Stepkins to Claim any part of the Marsh by alledging 't was part of what her Ancestors purchased if to answer the Possession there can any way a Lease be set up and by her Ladyship's luck only in finding old Leases these long Disputes have been made For the Proprietors no Division appearing being able to make no Title unless to the Copyhold before that purchased by Stepkins 3 Eliz. By such Lease she may claim any parcel she will though the Owners thereof have had it ever since the Draining thereof which could not be done in another place and makes it much easier to have been done than it can be imagined here And to remember That The Title by which the Creditors claim the Ten Acres of Freehold and Twelve Acres of Copyhold Land and whereby the Heirs of Whichcot do claim Pruson's Island and under which those Lands were all quietly held and enjoyed till after Sir Anthony Bateman failed is by Copies of Court Roll and Deeds on Record against the truth of which there has never yet been nor ever can be the least

done Mr. Sol. Gen. We are not now my Lord examining what Duffett swore about Forgery or not Forgery but is not this Confession of hers an Argument against the Credit of her Testimony who now says she saw my Lady Ivy do so and so when she has confessed she could have Money to swear against my Lady Ivy. L. C. I. But Mr. Sollicitor if you will not apprehend the Question I cannot help it is it not the Husband that swears against the Wife Mr. Att. Gen. Do you know that Gentlewoman there Gibson Gibson I have heard of her L. C. I. Nay be not angry Mr. Solicitor for if you be we cannot help that neither The Law is the Law for you as well as me Mr. Sol. Gen. My Lord I must take the Rule from you now L. G. I. And so you shall Sir from the Court as long as I sit here and so shall every body else by the Grace of God I assure you I care not whether it please or displease we must not have our time taken up with impertinent things for I must say there have been as many offered in this Cause to day as ever were in any Cause that ever I heard and if all be not as some will have it then they must be in Passion presently The Court gives all due Respects and expects them Mr. Att. Gen. Have you any acquaintance with that Woman Gibson I have seen her a great while ago Mr. Att. Gen. What do you know of her what Reputation is she of Gibson I know nothing of her Reputation I know she was Mr. Duffett's Wife L. C. I. And so do we she tells us so What then Gibson I have seen her abed with Mr. Frogmorton and she told me she had then a Frog in her Belly Mr. Williams It seems then by having this Gentleman so ready they were aware of this too I suppose Mr. Neale brag'd of this too or else the guilty Conscience put them upon preparing for it But yet I think they do us no great harm by it Mr. Att. Gen. You will give our Evidence an Answer I suppose by and by But we will go on to the rest of yours As to the Bill and Answer in the Year 1629. In that of Iohn Stepkins it is said he makes the Bounds Eastward to be Foxes-lane But it is plain he that gives in that Answer was not acquainted with the Transactions of the Estate before his own time And if you consider the time of that Answer there was near Fourscore Years then past since the Lease made and so long it had been out of the Family rendering a Pepper-corn Rent and so the profitable Interest was only the Four Acres surrendered to him by the Tenant before the Licence to Alien And it appears not that he had any Notice of the Reversion But I observe in the Answer there is one Passage remarkable That there was a way time out of Mind that did part his Land and that which was reputed the Dean and Chapters Land Now that doth not tie it up to make Foxes-lane that same way but only says generally there was an old way which must be understood of the way down from Cock-hill to Bell-wharf So that I take it that is no conclusion upon us Nor upon the same Ground is that Lease made 13 Iacobi by Iohn Stepkins where he abutts his Land upon that Wall which is called Wall-marsh-wall and covenants to have the Rent increased if any thing beyond that be recovered For there was near Threescore Years to come then of this Lease and he had no pretence of Title to contest it at that time and so the Verdicts are all answered that way the Lease expired not till the Year 1680. Mr. Sol. Gen. Then my Lord for the Survey that they produce of the late times by Order of the Committee of Parliament for Sale of Church-lands how that should give a Title I do not understand It is the first time I ever heard of a Particular of Dean and Chapters Lands to be an Evidence when at that time there was no Dean and Chapter But that which is a clear Answer to it is this Winterburn who had the Lease from the Church did also claim under Marcellus Hall who had a Lease for Ninety Years That in time expired in the Year 1640. That Interest being then determined he gets these put into the Survey which it was his interest to do as the Inheritance of the Church which would gain him a Fee Simple upon his Purchase he concealing the long Lease and they being so long in Possession whereas otherwise he could only have an Estate for Years and it appears all the Deeds were in his Custody at that time For the other Witnesses that speak to the Wall that we must leave to the Juries Consideration upon the Ballance of the Evidence For with Submission my Lord taking the Evidence as it stands together if that Lease of Marcellus Hall be a good Lease these several Conveyances we produce are supported and do explain that He surrenders four Acres which are the Lands that are afterwards conveyed to Fox which is mentioned in the deed of his Surrender to be the Green Hilly Bank and that was the Boundary of the four Acres but what becomes of the other seven Acres and an half they have given no account of it hitherto But surely my Lord upon that first Survey I take it there is a strong Evidence concurring with our Assertion for that saith the South Boundary of the Dean's Lynches is Wall Marsh now then if there be seven Acres to go forward from thence that just reacheth up to Cock-hill And all the other Bounds plainly concur with ours and upon the perusal of the Survey which it is consented to on both sides the Jury shall have with them I believe they will be satisfied our Bounds and that agree Upon the whole Evidence I submit it for the Defendant We have done my Lord. Mr. Att. Gen. Only I would ask Mr. Sutton a Question whether the Bill and Answer now given in Evidence were not given in in Evidence at the last Tryal Sutton Yes it was Mr. Att. Gen. And yet the Verdict went for us then as I hope it will now L. C. I. Have you all done Gentlemen Will you say any thing for the Plaintiff Mr. Williams No my Lord we leave it to your Lordship and the Jury L. C. I. Then Gentlemen of the Jury This Evidence has been very long I think the Tryal has held us as long as any Cause that ever happened in Westminster-Hall of this Nature I mean except one this many Years I think we met with but one in all our Books that held near so long That indeed was rather something longer the famous Cause of Colt in this Court but besides that I never heard of a Cause of this length before But Gentlemen it is a Cause of Value and a Cause of great Weight and Consideration it hath