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FREDERICK v. FREDERICK [1731]
I BROWN.


this court. And the said Sir John Frederick did thereupon promise and engage, that if the said settlement intended should not prove satisfactory to Mr. Common Serjeant and to this Court, that then he would make up and enlarge the same, to the full satisfaction of this Court. And the said Mr. Frederick, being thereunto required by this Court, did promise and engage, and the said Sir John did also undertake, in his behalf, to take his freedom of this city within one year now next ensuing.

And it is agreed by this Court, that for the future, when any persons, not free of this city, shall address themselves to this Court for licence to marry any orphan of this city, that they be first required and urged by this Court to take their freedom of this city, before this Court give consent to such marriage.

Upon the humble desire of Thomas Frederick, the son of Sir John Frederick, Knt. and Alderman, and citizen and grocer, being capable of his freedom of this city by patrimony in the company of but desiring to be admitted into the freedom of this city in the company of . It is ordered by this Court, that the said Thomas Frederick shall be admitted into the freedom of this city by redemption, in the said company of paying to Mr. Chamberlain for the city's use, 3s. 4d.

On the 20th of February 1674, the marriage was had, and the £11,500 was paid to the trustees, who paid to the son £5000. The £8300 was also soon after received out of the Chamber of London, which, together with the £6500, the remaining part of the £11,500, was put out at interest; so that all that was stipulated for on the orphan's part was performed, and every thing was completed, except what was to be done on the part of the said Thomas Frederick.

On the 14th of November 1676, an order was made by the Court of Aldermen, reciting, that the said Thomas Frederick had not taken his freedom of the city, notwithstanding the engagements he had made in that court for that purpose; and directing, that he should be warned to appear before that court on Thursday then next. And he still neglecting to pay any regard to that summons, or to take up his freedom, the following order was made, viz.

[256] 15th March 1680, Upon some debate now had in this court touching Mr. Frederick, who married one of the orphans of Marescoe, deceased, not having taken his freedom of this city, according to his promise made unto this Court at the time he had licence to marry her, whereby she, if she survive him, will not be entitled to the third of his personal estate, in like manner as the widows of freemen are. It is by this Court referred to Mr. Recorder and Mr. Common Serjeant, to peruse and consider of the settlement made upon the said orphan, as also the marriage agreement, and see if the same be made according to the direction and intent of this Court, and the said Mr. Frederick's promise; and to certify to this Court how they find the same, and their opinions therein.

It is observable, that Sir John Frederick the father, presided in this Court as locum tenens, and pronounced this order to enforce the performance of his son's promise, and his own undertaking.

But notwithstanding these several orders, it does not appear that the said Thomas Frederick paid any obedience to them, by taking up his freedom, or ever made any objection thereto before the Court; but he soon got all the money which was in the trustees hands into his own, except £3000, and never laid out any part of it in purchases.

Mr. Frederick afterwards treated his wife and children with great unkindness and severity, although they constantly behaved themselves towards him with the utmost duty and submission. At last he shewed such a settled aversion to them, and his behaviour was such, that their lives were rendered so uncomfortable that they could no longer live with him.

A separation was therefore, in 1714, agreed upon, and articles for that purpose executed; whereby he allowed his wife only £300 per ann. and her daughters £50 per ann. a-piece. And among several other extraordinary clauses in these articles, he obliged them, that, without his consent in writing, they should not come to any place, or make any visit to any person within 300 yards of his habitation, upon pain of forfeiting out of their allowance 40s. a-piece for every such visit.

His usage towards his eldest son the respondent Sir John was equally severe;

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