case in chancery WHOREWOOD against WHOREWOOD fever see head v head atk in the  late time of the great trouble the commissioner of the great seal as they be  then call have jurisdiction give they in the case of alimony between Mr  Whorewood and his wife a decree be make that Mr Whorewood shall pay pound per  annum to his wife till they cohabit and during their separation and assurance  to be make for payment thereof with condition to be void in case of  reconciliation and cohabitation but the assurance be make without these  condition Mr Whorewood for six year pay not the pound per annum the decree be  confirm by the general Act touch judicial proceed Mr Whorewood do not rest  there but exhibit a bill of review and thereon the decree affirm for the bill  be dismiss further struggle be by Mr Whorewood and reference and now he  exhibit this bill that the per annum may cease because he offer to be  reconcile and desire to cohabit with her and use her as his wife the Lord  keeper be assist now by chief justice north and justice Rainsford on the  defendant part it be say that the Act be make when there be a suspension of  ecclesiastical jurisdiction the same be confer to the commissioner who be to  act accord to the law ecclesiastic and so ought this court now to do and it  can be conceive when there be a separation and allowance of alimony until what  time c that a single declaration of the husband without consent of the wife  shall free he from alimony for then he may so declare and avoid the sentence  the next day but it must be by her consent or on clear proof that it be mere  wilfulness in her and that the fear she have be just remove which in this case  appear by her oath not to be and she have great Cause to be in fear by sixteen  year struggle against the sentence and his exasperation by her prosecution of  he and the dismission of his bill of review have now foreclose he to sue for  relief by way of original bill and the decree be for pound per annum till  cohabitation by consent which cohabitation must be by mutual consent case in  chancery resolve saint that though the assurance be absolute without the  condition or limitation until what time c yet the deed be in performance of  the decree for so it be express in the deed yet they shall be rule and guide  by the decree that a original bill be proper in this case notwithstanding the  bill of review dismiss videlicet the court be invest with the same  jurisdiction which the ecclesiastical court have and when a decree be  temporary and for special end a original bill lie to put a period to it and to  show the purpose of the decree satisfy that the court can not discharge the  arrear case in chancery er p justice Rainsford be of opinion that neither the  wilfulness of the wife nor pretence of kindness or desire of cohabitation  shall prevail either way and therefore that a trial shall be make and she to  be order to cohabit for half a year or the like to see what will be and the  decree of alimony to be suspend and after order or suspend as there shall be  occasion north the decree have no force but from the consent of the party else  the ecclesiastical court can not decree alimony as this case be for if they  have decree a separation then they may also decree alimony but not alimony  alone save pro expenditure lawsuit but here be no sentence of separation and  therefore the husband in this case may sue his wife ad yield to debt is owed  in the ecclesiastical court or sue those that detain his wife at the commonlaw  notwithstanding the decree here the Lord keeper I can decree a separation I  shall not continue the alimony to the wife if she will not cohabit nor decree  the wife to cohabit but shall not discharge the alimony or sentence but keep  it in suspense but the wife shall return to her husband who shall maintain and  use her as a gentleman and a good husband ought to do wherein if he fail I  will hear the wife be complaint with favour and lie on the decree again as  Cause shall be but now suspend it save to her the arrear but she shall  immediate return and if not she shall have no benefit of the alimony till she  do so but take her remedy in the court ecclesiastical