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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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Bond from him to some third Person for 1000 l. and several Letters pretended to be written from Sir Thomas to my Lady Ivy were counterfeit The next thing that I remember Mr. Duffett was writing upon a Parchment I asked him what he was writing He answered me he was counterfeiting one Glovers Lease by which my Lady would get many hundreds of Pounds and for which he should have 500 l. I desired him to consider what he did for before that time he had been accounted a very honest man Some time after that my Lady Ivy did upon a Pique to my Mother my Lady Salthill set a-foot a Mortgage she pretended to have of the House in St. Martins lane for 1500 l. from my Father She did once tell me she had such a Mortgage as she pretended real but that it was drowned in a Trunk of Writings coming from Malmesbury Said I my Mother and Sir Charles Cotterell will not believe it if you do not let them see it I am satisfied as to my concern in it and would not have you proceed in it for she pretended she did it for my advantage But afterwards Mr. Duffett and she did agree to make a Writing in my sight of a Mortgage L. C. I. Was my Lady Ivy by when the Writing was made as you say Mrs. Duffett She was by giving him order how to make it and what Ink he should use to make it look old and they forced me to make the Ink and to fetch Saffron to put in it to make it look old Mr. S. Stringer Now will be the time to shew my Ladies Letters L. C. I. Mrs. I would ask you one Question by the way whether while these things were doing at any time any body did come in and give you any Interruption Mrs. Duffett My Lord Mr. Duffett and my Lady made me oftentimes stand at the Door for we were but Lodgers that no one might come and disturb them and I never remember any that came in thither but one Mr. Sutton an Attorney my Lady's Attorney L. C. I. Did he see any of this done Mrs. Duffet I cannot say he helped to do any thing for when he came in they sometimes sent me out to see that no Body should come upon them and so what he did I cannot say But he was let in when Mr. Duffett was counterfeiting for my Lady Ivy. L. C. I. When was this about what time Mrs. Duffett Of the Day my Lord. L. C. I. No how long ago is it Mrs. Duffett It might be about 70 or 71. L. C. I. You are my Lady Salkhills Daughter I think and married Duffett Mrs. Duffett I did so my Lord I am her Daughter Mr. S. Stringer Pray what did they do to the Deeds they made to make them look like ancient true Deeds Mrs. Duffett For the making of the Outsides look Old and Dirty they used to rub them on Windows that were very Dusty and wear them in their Pockets to crease them for some weeks together according as they intended to make use of them Mr. Att. Gen. My Lord as it happens we have that Deed she talks of called Glovers Lease here L. C. I. Ay I suppose you have such a Deed it is a Famous Deed in Westminster Hall Mr. Att. Gen. Here it is we desire she may look upon it Which she did Mrs. Duffett As for this Deed I cannot swear this is the Deed there have been so many made by them But he did counterfeit a Deed that he told me was one Glovers Lease Mr. Williams Mrs. you were going on to tell how they did use their Deeds they made Pray tell us how they used to lay them in the Balcony's and all you know of the Art L. C. I. Ay how was it Mrs. Duffett When they had been rubbed upon the Window to make them look Dirty and they were to pass for Deeds of a great many years standing it was used to lay them in a Balcony or any open place for the Rain to come upon them and Wet them and then the next Sunshine-day they were exposed to the Sun or a Fire made to dry them hastily that they might be shrivelled L. C. I. Is your Husband dead or alive Mrs. Duffett Dead Sir Mr. Att. Gen. How long has he been dead Mrs. Duffet I was not at his Death with him he died beyond Sea L. C. I. Was your Husband alive when Mr. Iohnson's business was Mrs. Duffett Yes he was L. C. I. Yes I know he was in Court tho' I asked the Question I remember all that business Mrs. Duffett I was subpoena'd in at that time but my Lady Ivy would not let me swear L. C. I. Pray Mrs. what had your Husband for his pains Mr. Williams Had he any share of the mony lent by Sir Charles Cotterell Mrs. Duffett My Lady Ivy gave him in my sight 200 l. of Sir Charles Cotterell's mony Mr. Williams Do you know any body else that had any of that mony Mrs. Duffet The Attorney had 200 l. of the same mony too L. C. I. What Attorny do you mean Mrs. Duffett Mr. Sutton L. C. I. Had he so how come he to deserve it Mr. Dobbins Pray Madam what do you know of counterfeiting any Seals Mrs. Duffett Mr. Duffett once had the Impression of a Seal in his Hand which he said he was going to one Mr. Dryden to have it counterfeited but I do not remember what the Seal was Mr. Williams When the Deeds were written how did he use to put the names to them Mrs. Duffett I have seen my Lady her self write some great Letters of the Names first upon other Papers which Mr Duffett could not so well hit and he has writ the rest Mr. Williams Can you tell the Names Mrs. Duffett Truly I do not remember what Names Mr. Williams We have another Witness who will give you an account of some Letters of my Ladies which we shall desire to be read Swear Mrs. Elizabeth Rycaut Which was done Mr. Att. Gen. She talks of Glovers Lease L. C. I. She says she doth not know whether that be the Deed there were so many forged Mr. Attorney But she swears thus my Husband did forge a Writing he called Glovers Lease Mrs. Duffett She had two or three Mortgages forfeited Mr. Williams Come Mrs. where had you these Letters Mrs. Rycott I had these Letters from Mr. Duffett Mr. Williams Pray where had you these Bottles Mrs. Rycott This is the Ink I saw Mr. Duffett write for my Lady Ivy with at Mrs. Lee's House at the Table in the Kitchin L. C. I. Who did he write for Mrs. Rycott For my Lady Ivy I did not know what they were that were-written but he said they were forged and with Ink out of these Bottles he said he could make new written Writings look like Old ones very soon Mr. Williams Did you ever speak with my Lady Ivy do you know her Hand Mrs. Rycott I do not know these Letters to be
other times whatsoever I do affirm upon Oath that I never gave her the least stroak in my Life or ever did so much as pinch her in Jest to the best of my remembrance or did ever directly or indirectly let fall from my mouth any kinds of Threats whatsoever And I do further Swear That until such time as she exhibited that foul and scandalous Petition to the Lords Commissioners that I lov'd her unfeignedly respected and esteemed her above all Creatures in the World and as I laid down my Fortune at her feet when I first married her so would I have laid down my Life too for her Good and Preservation Nay I do allege further upon my Oath that notwithstanding that scandalous and false Petition exhibited against me in pursuance of her malicious Designs she had examined Witnesses to defame me yet out of Christian and tender Consideration of the Relation wherein I stood towards her as a Husband I was willing from my Heart and did endeavour by the several means of Persons of Quality allied both to my self and her to compose all Differences that we might for the future Cohabit together in Peace and Content and not to regard any Aspersions which she and all her Witnesses being there examined had cast upon me not to retaliate in the least measure still deferring the Examination of my Witnesses against her and attending whether it would please the Lord to give her a sight of the Error of her way and to return her home to her Husband who was most willing to receive her As to that Aspersion cast upon me That I committed Folly with her Servant Iane Gilbert though I need not say much to it the Maid her self and other credible Witnesses having clear'd me in that point both in Court and on her Death-bed and convinced the World of the horrid and unheard-of Practices of her and her Abertors in abusing and exposing the Body of the said Iane to the View and Search of several Men and suborning her to give in Testimony against me yet that the World may know the Integrity of my Soul in this also I do further Swear That I never entertain'd within me the least thought of corrupting her Chastity or did ever commit any unlawful or dishonourable Action with her from the time I knew her to this day And lastly Whereas I am charged by my Wife to have suborned several Witnesses against her and particularly one Holdsworth I call the Lord to bear me Record in this also and do upon my Oath affirm That I did never directly or indirectly procure any Witnesses against her to testifie farther than the truth of the thing what he or she would knowingly and safely without breach of Faith or good Conscience Depose True it is that Holdsworth being imployed as a Bayliff to arrest me at the Suit of my Wifes Taylor for a considerable Sum of Money which she her self was indebted for and behaving himself civilly towards me I gave him five Shillings and for no other end or purpose And upon my Oath I protest that I never had any such Communication or Discourse with the said Holdsworth to any such intent or purpose as he hath most maliciously deposed against me Thomas Ivie Sworn August the 4 th 1652. Thomas Benet WE whose Names are hereunto subscribed do Certifie that this is a true Copy of the Oath which Mr. Thomas Ivie did take before Dr. Bener a Master in Chancery which also he avouched to be truth before and after his receiving of the Sacrament which he received since his last dangerous Sickness As witness our hands the 5th of August 1652. Nic. Bernard Doctor of Divinity John Baber Doctor of Physick Thus much and I think more cannot be expected or done by a Man was offered for my personal Vindication and that it may be visible unto your Highness with what Persons I have dealt withal I shall summarily recite the heads of those Proofs which were made concerning this Wife who begged Alimony and shew your Highness the blazing Star which enlightned her in these destructive ways to both our Ruins I mean her Aunt Williamson concerning whom 't was Sworn That Mrs. Williamson did ever abuse Mr. Ivie and was an Incendiary between him and his Wife and the chief Causer and Promoter of the Differences and Breaches between them l. A.f. C.l.f. 79. l. C.f. 18. f. 19.27,38 That Mrs. Williamson perswaded Mrs. Ivie not to go into the Country with her Husband l. A. f. 60 That Mrs. Williamson several times spoke scandalous opprobrious and disdainful Speeches against Mr. Ivie to his Wife l. A.f. 51. l. B.f. 12. That Mrs. Williamson said Mr. Ivie had the Pox and had given his Wife the Pox l. A. f.52 l. 3. f. 13 14. That Mrs. Williamson reported that Mr. Ivie had bugger'd his Wife l. A. f. 52. That Mrs. Williamson reported that he had got Iane Gilbert his Wifes Servant with Child ib. That Mrs. Williamson told Mr. Ivie who by reason of her ill name had forbid his Wife to keep her company that she would keep his Wife company in spight of his Teeth l. A.f. 60. 59. That Mrs. Williamson told Mrs. Ivie that when she was separated from her Husband she would enforce Alimony from her Husband for her l. A. f. 61. That Mrs. Williamson told Mrs. Ivie that when she was separated from her Husband they would live together l. A.f. 62. That Mrs. Williamson brought to Mrs. Ivie a lock of Snelling's Hair l. B. fol. 27. of which she made a Bracelet set it with Ribbans and wore it on her wrist l. C.f. 29. That Mrs. Williamson bid her wear it next her heart l. B. f 30. That Mrs. Williamson encouraged Mrs. Ivie to give her Husband base language l. C. f. 31. and told her she did well therein l. C. f. 32. That Mrs Ivy relating how She had given her Husband ill words Mrs. Williamson run unto her and told her 't was well done l. C. f. 33. That Mrs. Williamson received the Goods which were embezlled from Mr. Ivy by his Wife l. B. f. 40. That Mrs. Williamson sollicitated Mrs. Ivy to let Snelling lie down with her on a Bed and when she had effected it went out of the Chamber and left M. Wheatly to keep the door l. C. f. 43 44 45. That Mrs. Williamson encouraged Mrs. Ivy not to give any Accounts of moneys which She had received from her Husband Telling her what was her Husbands was her own and why should she account for her own l. cf. 58. l. A. f. 61. That Mrs. Williamson lived in a house of ill same in a little blind Alley l. C.f. 72. That Mrs. Williamson seldom lives with her own Husband l. C. f. 79. That Mrs. Williamson made Snelling a Favourite of Mrs. Ivies and that she not only perswaded Mrs. Ivy but cry'd out unto her to lie down on the bed with the said Snelling I. C. f. 83. That Mrs. Williamson called Mr. Ivy Clown and Fool
by her Petition to the Lords Commissioners That her Husband hath deserted her and left her no means to live That during her Cohabitation with him she was in danger of her life and became very weak and for peril of receiving from him diseases of dangerous consequence she cannot Cohabite with him and prays Relief The Question is Whether in this Case she ought to have Alimony In which it will be pertinent to consider the near conjunction that is between Man and Wife and whether they be of equal Authority or there be a Superior and in whom that Superiority resteth 1. The Original female Ancestor was taken out of Man and by the Marriage-bond were made one flesh though several Individuals like the Celestial Gemini that makes but one Constellation but the Government was placed upon the Man by God himself who gave the Law in Paradise saying Thy desire shall be to thy Husband and he shall rule over thee Gen. 3. v. 16. 1 Cor. 14. v. 5. 34. and by the Apostle remembred That Women are commanded to be under obedience so saith the Law and that they submit themselves unto their own Husbands as to the Lord that is supreme Eph. 5. v. 22. Thus far for the Divine Law 2. The Common Law says That a Woman that is married is not sui Iuris but sub potestate Viri hath no will but her Husbands though she may have a Stomach therefore the Civil Acts she does are void in Common Law she can neither take nor give any thing without her Husbands consent She can have no reparation for any wrong done unto her Person by her self without her Husband and the damages that shall be recovered shall go to the Husband and not to the Wife And it is further to be considered the extention of that word Potestas It is of a great latitude for Soveraign Princes and Governours though they have rule and power of the People Yet they cannot beat wound or kill the People under them nor do any thing to their Persons corporally but according to their Laws by Sentence or Judgment But the Husband hath power of Correction upon the Body of his Wife and Servant according to his own Judgment so as he doth not wound nor kill and is not prohibited by any Law 3. The Civil Law as I take it agrees with the Common Law then it must follow by necessary consequence that a married Woman without leave cannot depart from her Husband which she must evidence by proof no more than a Servant from his Master a Subject from his Soveraign into forreign parts who by his Missives is to return upon forfeit of his Estate which makes good what was said before that she is not sui Iuris and in some sort expounds and explicates the potestatem Viri in Vxorem for the Master may seize and carry away his Servant if he find him or implead him that shall keep him and recover damages for the time he keeps him so may the Husband by his Wife which shews the propropriety and interest which the Husband hath in his Wife and for loss of her society and company though no other harm be done he shall recover damages against the detainer Nay the Husband could not repudiate his Wife but in case of Adultery for that the Bill of divorce spoken of in the Old Law was not given by God but permitted by Moses to prevent a greater mischief for the Iews are cruel Men to their Wives and to prevent Vxoricidium he gave way to it Sed non fuit sic ab initio The Case thus stated upon the impotencies and non-ability of the will of the Wife and the just Rule and Power of the Husband over her Will and Person t is considerable whether by Law or Reason a Wife departing without leave shall have allowance to live separate which is called Alimony Alimony is a Thing not known at the Common or Civil Law but indulged and brought in by the Pope and his Canons and very much put in Use by the late High Commission and Prerogativive Court of Canterbury wherein upon Sentence of Separation from Bed and Board given by that Court the Husband was enjoyned to make allowance to the Wife and the Husband enforced to give security for the payment and many times imprisoned upon failure of performance yet in those cases both of Bonds and Imprisonments the Husband upon Habeas Corpus returnable in the upper Bench where by Judgment of that Court discharged of both if the Husband cohabit because the Law says Quos Deus conjunxit nemo separet So as without the Husbands consent no separation could be made and if no separation no Alimony Nor were personal Infirmities or Diseases contracted after Marriage sufficient cause for such separation because she may Board though not Bed with such a Husband but where the temper of her Husband was more severe and violent than discreet That Court by the wisdom of prevention which is better than the wisdom of remedies did use by way of caution to take bond for the Husbands orderly usage of his Wife to prevent the cruelty whereof they had no Jurisdiction but only in causes and salute Animae and not pro reformatione Morum which belongs to the Common Law and where upon complaint by the Wife in that kind the Common Law will enforce the Husband to give bond to secure both life and member of his Wife from maim and death And certainly Reason is against it 1. Reason commands obedience to Superiors generally the Apostle puts it further for Conscience sake and disobedience is not cherished by any Reason 2. One end of Marriage is Mutual Society and Comfort would be avoided by the Act of the Wife which is not to be admitted upon the petulant Allegation of difference betwixt her and her Husband upon personal Infirmities 3. Marriage it self and all the Laws of the Wifes subjection and capacity by so long time pronounced and received by this means would be avoided 4. If God himself was pleased to say it was not good for a Man to be alone then surely we may safely say it is not good for a Woman to be alone for though they are the weaker Vessel and have the lesser Reason yet they have the stronger Passions and more violent Desires and so more subject to Temptation and Sin 5. For the inevitable Danger of illegitimate Bastards and Clandestine Issues where the Wife is separate who concealed it till the Husbands death are yet inheritable to his Land though never begotten by him This Inconvenience sadly weighed and how Epidemically it may run to all Families of this Nation is of it self a sufficient convincing Reason to bridle the rash hot appetite of inconsiderable women and avoid all Alimony But on the other side if any Husband shall be so unjust to his Wife and unkind to his own Flesh whom he is bound by Law to maintain as to separate from her and will not cohabite with her Nisi