HELMS v. FRANCISCUS.—2 BLAND. 541

contract of marriage itself; yet, according to the provisions of this
Act, it cannot allow itself to receive any matter as a sufficient
ground for granting alimony alone, which would not be a sufficient
foundation in England for granting a divorce a, mensa et thoro, to-
gether with its incident alimony. Wallingsford v. Wallingsford.
6 H. & J. 485. (f}

(f) LYNTHECUMB's CASE.—This case was a bill tiled by Jane Lynthecumb
against Gideon Lynthecumb, her husband.

OGLE, C., 14th March, 1738.—Upon hearing counsel of both sides, it is
Ordered, that the defendant pay unto the complainant after the rate of three
thousand pounds of tobacco per annum, as a separate maintenance for her
during the continuance of this suit, or until further order, if the estate of
John Ford, late husband of the complainant, be left under the care and
management of the defendant.

Some time after which, the case appears to have been again brought before
the Court.

OGLE, C., December, 1739.—Upon motion of the complainant's counsel, it
is Ordered, that the defendant do not take from the complainant her bed,
bed-clothes, furniture to the bed, and her wearing apparel.—Chancery Pro-
ceedings, lib. J. R. No. 4, fol. 63, 146.

SCOTT'S CASE.—This bill was Hied on the 30th day of August, 1746, by
Mary Scott, against Andrew Scott. In which it is stated, that the plaintiff
had been married to John Abbington, who by his will appointed her his
executrix, and soon after died seized and possessed of a very large real and
personal estate, of which she obtained possession, and to the one-third of
which she became entitled: besides which she was seized in her own right of
several parcels of land; that, under these circumstances, she married the
defendant, who thereupon took possession of all her personal estate and ap-
plied it to his own use; and at his earnest persuasion, she joined in convey-
ing all her real estate to persons named by the defendant, for the purpose of
having it re-conveyed to him in fee simple; that after she had thus put
everything out of her own power, the defendant began and continued to
use her with so much cruelty and inhumanity, that she could not cohabit
with him without running a manifest hazard of her life, and an utter loss of
all peace and quiet; that she was actually driven out of doors almost naked,
and quite destitute of all the necessaries of life, and forced by him to fly for
refuge and subsistence to her friends; that he had declared he never would
cohabit with her, but would allow her thirty pounds per annum as a separate
maintenance, with which she would have been content: but he has since re-
fused to make her any allowance, and declared he would not allow her any-
thing unless he was forced to do so; and that he is now actually about to de-
part from this Province for some part of Europe, as appears by the annexed
affidavit. Whereupon it was prayed, that the defendant might be compelled
to make to the plaintiff a competent allowance and maintenance; that she
might have a writ of ne exeat provinciam against him, until the matter could
be finally heard; and that she might have such other relief in the premises
as might seem meet, &c.

With this bill there was filed an affidavit of George Parker, in which he
states, that upon a difference between the defendant and his wife, he had