Barnardiston Lord vane and lady vane July how far a court of equity will allow  of agreement for a separate maintenance in Lord vane marry with his lady and  on that occasion in consideration of a fortune of pound Lord vane make a  settlement upon her of a rentcharge of pound per Ann by way of jointure and of  a rentcharge of pound per Ann for her separate use during the coverture soon  after the marriage be have misunderstand arise between they and she leave he  but in march in that same year they come to a agreement together that in  consideration that she will relinquish her right in a house in Grosvenorsquare  her rentcharge of pound per Ann shall be increase to pound and thereupon she  live with he again after this they go into France but there he beat her in a  violent manner and upon this she return into England and swear the peace  against he she likewise institute a suit against he in the ecclesiastical  court to have a divorce from he causan scevitice after that suit have proceed  some time they come to a agreement to the follow effect that in consideration  of her stay proceed against he in that suit and that she will cohabit with he  again in the same manner as by that deed be declare the rentcharge of pound  per Ann shall be wave and in the room of it she shall have one of pound per  Ann but in this deed there be a proviso that if lady vane shall signify her  desire in write to John Aderly her trustee to live separate c VII I  Barnardiston er p from her husband then and in such case she shall have free  liberty to do so and Lord vane covenant that he will bring no action upon any  account against any person with who she shall cohabit till by the like notice  to the same John Aderly she shall signify her consent to live with Lord vane  again Lord vane give a bind in the penalty of pound for perform the covenant  of this deed by this deed there Barnardiston be a day fix upon for their  meeting in order to cohabit together again and they take lodging for that  purpose but on that same day after they have be a few hour together a quarrel  arise between they and he take a hot poker out of the fire run it at her and  burn her clothes upon this she instant go out of the house and leave he again  refuse to cohabit with he for ever after during the time of this separation  she contract some debt and on her former separation she have do the same which  sum together with money that Lord vane owe her amount from the time of her  marriage to pound the present bill be bring by Lord vane against lady vane and  her trustee in order to be relieve against these several deed and to have a  injunction to stay the defendant from commence any remedy upon they to this  bill the answer of lady vane come in whereby the fact be state to the effect  beforementioned and thereupon Mr Robinson move for a injunction to stay the  commence of any remedy at law on these deed by lady I vane or her trustee Lord  chancellor say that most of these sort of case be very difficult to give a  determination upon this court have give countenance to agreement for separate  maintenance and he do not know whether in that matter they have not go too far  however the court have general be cautious to prevent a improper use from be  make of they and therefore where agreement have be make for pinmoney or  separate maintenance if the wife refuse to live with her husband without have  a sufficient reason for do so the court always refuse to aid her in the  recovery of such maintenance and in some case have even stop it and the  occasion of the present bill have chief arise from the covenant in the deed of  whereby lady vane be to have liberty Barnardiston of leave her husband when  she shall think proper and no action be to be bring on any account whatsoever  against the person with who she shall cohabit and his lordship say this be a  shameful clause and a manifest imposition upon the husband the consideration  of this deed be her stay proceed against he in the ecclesiastical court and  her agree to cohabit with he but be this covenant to prevail it will defeat  that part of the consideration relate to her cohabit with he and beside by  this covenant the husband be make to agree that he will not bring any action  whatsoever on any account against any person who she shall cohabit with his  lordship say that this covenant in the deed be a fraud apparent upon the face  of it by this covenant the wife have not only her liberty to live separate  from her husband but her whole conduct be without remedy shall this clause  prevail a husband be to give up his whole authority over his wife it be indeed  true that as it be swear by the answer and the answer in the present case must  be take to be true the husband make a violent attempt upon his wife by run a  hot poker at her and that be a brutal Act indeed however that will not show  but the husband be entitle to some relief in the present case and the question  will be how far he be entitle to have it the bill ray to be relieve against  all the deed and do it appear by the answer that lad vane live separate from  her husband without a Cause his lordship say he will grant a injunction to  stay her from commence proceed at law upon every one of they for nothing can  be more mischievous to the right of marriage than to support these sort of  provision for pinmoney or eat maintenance where a wife will take advantage of  that and live separate her husband without any reason but that indeed do not  appear to be the present case the attempt that be offer upon her life be a  foundation for her withdraw herself from he however his lordship say that with  regard to some of the deed the Barnardiston injunction must be continue  notwithstanding it must be continue as to the annuity of pound per annum grant  by the deed of march for though that deed have not be carry into execution by  reason that lady vane have not yet resign up her right in the house in  Grosvenorsquare yet she may do that whenever she have a mind to it and then  may proceed at law for the recovery of that annuity but the circumstance of  the present case be sufficient to warrant the Barnardiston er p court in grant  a injunction as to that the injunction must likewise extend to the deed of  whereby the former annuity be give up and in the room of it a annuity of pound  per annum accept of the injunction must extend to that by reason of the  covenant in that deed which have be mention and in consequence of this it must  extend likewise to the bind however his lordship opinion be that the  injunction ought not to extend to the pound per Ann grant by the marriage  settlement There be a Cause for her go away as he have observe before and on  that account she must be at liberty   proceed at law upon that deed however  his lordship say that still it will be a question how far she will be entitle  to take her remedy even upon that deed Lord vane must be indemnified from the  personal debt of his wife it be admit that those debt together with the money  which he pay her amount to pound a account must therefore be take of what be  due to her under that deed and she must be at liberty to proceed at law for  the balance and liberty likewise must be give her to apply to the court in  case default shall be make in any future payment and so his lordship be please  to order accord