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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
but whether it be just and righteous I submit to your Breast and that is thus That although it was Convenanted 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 go to the use of the right Heirs of the said Stepkins until such time as I should perform By virtue of this Clause did young Stepkins lay claim to the said Estate Yet say the Commissioners that Mr. Stepkins the Father Who had reserved unto himself the Remainder of the said Limitation to me and my Wife made a Will and by that Will had acquitted me from any further Performance insomuch that the Estate was now totally belonging unto me This I believe my Wife told them and peradventure shewed them such a Will and this is their Ground But by their leave I cannot think till such a Will be legally proved That it can be any Ground for them to give away the Estate in such manner as they have upon a bare suggestion of one Party for whose interest and profit it was Certainly had they been as conscientions Judges as they are Judges of Conscience they would have first caused her to prove the said Will which then had clear'd the Estate from the claim of my Brother Stepkins and saved me the expences of some Suits in Chancery for no other end than to get the Will produced which to this day I am not able to do Notwithstanding I have a Bill of Complaint depending before them for that purpose Nevertheless all these discouragements it pleased the Lord to give me a proportionable measure of Patience to submit unto his correcting hand and in the most sore Afflictions which I have undergone he hath not with-held his loving kindnesses from me nor the sweetness of his refreshing Spirit though many Oppressions and Grievances were daily multipled and many new Suits at Law were let on foot against me by my Wives means who now seemed justified by them and my self vilified and undervalued Yet was I not clamorous at their Bar neither was I ever admitted to any private Speeches with them or indeed did ever seek it being confident that my cause wanted the Protection of Justice only and not favour but waited still expecting when they would put their good Promise in Execution and send for us and endeavour a cordial Reconciliation between us But after two months were expired and hearing nothing from them to that purpose though many several Friends of Quality had moved them thereunto I addressed my self with an humble Petition for a hearing After it was read they appointed a day though it was somewhat far off yet it did abundantly revive me hoping that that day would be the end of my trouble and that then my Reputation and Estate might be repaired my Person freed from the continual molestation of Catchpoles And my Wife her self whom I had perfectly forgiven restored unto my Bosom The Order which the Lords made in Answer to my Petition was this Saturday 29th of April 1653. Between Theodosia Ivie Plaintiff Wife of Thomas Ivie Defendant UPon the Defendants Humble Petition this day preferred to the Right Honourable the Lords Commissioners for the Great Seal of England shewing That in the unhappy difference fomented by evil persons between the said Parties and the said Plaintiff hath petitioned their Lordships for Alimony being separted from her Husband without his Consent Thereby intending to live a-part by her self contrary to the Marriage Stipulation to the destruction of the mutual happy Comfort that might and ought to be between parties so nearly joyned pending with Suit Their Lordships as Iudges of good Conscience did often move her to Conformity and Reconcilement chiefly desired by the said Defendant but the Plaintiff refused And by an Order of the 24th of Iuly last their Lordships were pleased to appoint her 300 l. per Annum out of her Fathers Estate until further Order And the said Defendant being daily arrested and troubled for the said Plaintiffs Debts cannot walk the streets without molestation by the Officers and Bailiffs It was prayed That some day as soon as to their Honours shall seem meet may be appointed to hear the Defendants Reasons and the merits of the Cause why the said Order should be nulled To command the Defendant and his Wife to be personally before their Lordships at the same time so that there might be a final Conclusion of these unhappy and unnatural Differences under which the Defendant hath long groaned to his utter Ruine Their Lordships do thereupon Order that Counsel on both sides be heard in the Business the first Day of Causes in Trinity Term next Iohn Sandford Deput Regist. My Hopes and Expectations being now raised from the Dust I considered with my self how I might represent the Case between me and my Wife with the least prejudice to her For upon some Debatings about the Witnesses I had examined against her I found the Breach still made wider by her Lawyers aggravations than it was really in it self what was but a scar they would tear open into a wound nay they preferr'd a seeming Rhetorick so far before a Christianity that rather than they would exasperate they would speak Point Blank to the very Papers they held in their hands And therefore to prevent the like Inconveniences and aiming at a perfect Reconciliation I drew up all that Counsel could be instructed in or could offer at the Bar into writing and for each Commissioner had a Paper ready to be presented as follows To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England WHereas the Daught of an Order was on Friday August the 13th made and presented unto your Honours by the Counsel of the Plaintiff and Mr. Zanchie her Sollicitor not entred into the Registers Book or drawn up by him from any Notes taken in Court or was ever perused by the Defendants Counsel before it was signed according to the Rules of the Court in which Order it was mentioned that 300 l. per Annum should be raised out of the Fathers Estate which was setled at the Marriage upon Sir John Brampston Knight Orlanlando Bridgman Esq and William Booth to uses c. and upon the reading of it it was ordered by your Lordships at the same time that unless the Defendant should shew cause at the next Privy Seal a Decree should pass accordingly And whereas it was ordered by another of August the 19th That on Tuesday following the Defendant should attend and shew Cause why the said 300 l. per Annum should not be decreed May it therefore please your Honours to consider these following Considerations which are all proved upon Oath and good Evidence wherein he hopeth it is sufficiently cleared that the Plaintiff neither ought to have any Alimony out of that which was her Fathers Estate or out of her Husbands Mrs. Ivie the Wife of Thomas Ivie suggesteth