is you alone that can restore me the Benefit of the Law against those that have been Incendiaries and Abettors of these unnatural differences between us That so my Reputation which hath been a long time clouded may be made cleer my Person which hath continually been molested with Catchpoles by my Wifes means may be at length free And that I may be in a condition to satisfie my Creditors their just debts whose Purses have supported me and that a final end may be put to these unnatural differences concerning my Wife as in Justice and Conscience shall seem meet unto your Highness In order to this I have deliver'd in my Petition and the state of my Case to Mr. Sadler and Mr. Long to be delivered unto your Highness In these words To the Parliament for the Commonwealth of England The humble Petition of Thomas Ivie Esquire Sheweth THat your Petitioners Wife very suddenly after her Intermarriage with him having got from him a Joynture of 1000 l. per annum with 1000 l. in ready money to be left her at the time of his death and 1200 l. in Jewels 600l worth of Cloaths 500 l. in ready money and accommodation to the value of 3000 l. in less than 18 moneths time and all this without one penny portion with her hath not only deserted his Company but hath preferr'd a scandalous Petition to the Lords Commissioners for the Great Seal against him yet nothing material proved That by these unnatural Courses she hath caused him to spend 3000l in this and Twelve other Sutes at Law by which means aforesaid your Petitioner is become indebted at this present time 3000l more at least That he hath often tendred unto the said Commissioners his Willingness to receive her and to give any security which they can require to use her with all loving Respects becomming a good Husband Notwithstanding the said Commissioners have allowed her 300 l. per an. Alimony and refused to hear the Merits of the Cause though they had ordered it under their hands and have also granted an Injunction to protect such who keep the Person of his Wife from him contrary to Law Insomuch that your Petitioner hath no Remedy left in Law or Equity All which more clearly appears by the State of his Case and Narrative hereunto annexed May it therefore please your Honours to commiserate his sad condition and in regard she obstinately refuseth to Cohabit with him in the Quality of a Wife to vacate the said Order of 300 l. per annum and to null the said Joynture of 1000 l. per annum and 1000 l. in ready money and to enforce her to return the 1200 l. in Jewels whereby your Petitioner may be inabled to satisfie his Creditors their just debts and that Reparation and Satisfaction may be made both to his Reputation and Estate as shall seem meet to your Honours Wisdoms and Justice And your Petitioner c. To the Parliament for the Common-wealth of England The State of the Case of Thomas Ivie Esquire THat Mr. Ivie about October 1649. took to Wife Theodosia Garret Widdow Daughter of Iohn Stepkins Esq on whom by reason of the great affection which he bore unto her he setled 1000l per an. oynture and gave also security to leave her 1000 l. in ready money at the time of his death and this without any consideration of a Portion from her Father or any Estate left her by her former Husband who not only left her without a Joynture but in debt also That the said Stepkins perceiving how really Mr. Ivie stood affected to his said Daughter and with what cheerfulness and willingness he was resolved to settle all his Estate for the good and preferment of his said Daughter was content that if Mr. Ivie would free his the said Stepkins Estate which was 240 l. per annum then encumbred with several debts or pay a 1000 l. towards the same and deliver into the hands of the said Daughter 1200 l. in Jewels that then it should be setled on Mr. Ivie for his life and afterwards to the use of his Daughter for her life And in case he had no Issue by her then to the Heirs general of the said Stepkins or such as the said Stepkins should limit appoint Whereupon Mr. Ivie did deliver unto the said Theodosia rich Jewels to the value of 1200 l. in ready money to the said Stepkins to free his Estate accordingly That Mr. Ivie then expected a reciprocal return of his affection which he had so cordially demonstrated But when the said 1000 l. was paid and a firm and legal settlement of the Joynture made and the Jewels delivered to his said Wife He found great reason to uspect that 't was rather his Fortune than himself which she had wedded For she not only sought all means to avoid â—is Company but chose out those as she thought might be most offensive to him and such whom by reason of the scandal they lay under he had prohibited her to converse with Notwithstanding seeing it was the pleasure of the Lord to unite them in so near a union Mr. Ivie was resolved not to leave any fair and honest motives either of Purle or Perswasion unattempted which might encline her affection towards him and in order hereunto there was nothing which she ever proposed which might be for her content that he did deny unto her And in lesse than fourteen Moneths she expended in apparel 600 l. in ready money 500l and for other Accommodations about 2800 l. besides the 1200 l. in Jewels and 1000 l. in mone aforesaid which amounts to 6100 l. Nay the Gifts were so great he bestowed on her That he supposeth she was even ashamed to request any more from him Nevertheles she by the evil counsel of her Confederates while he was at the Court of Aldermen did convey out of his house Plate and rich East-India stuffs to the value of 300 l. and divers other goods which were by her and her Confederates carried away and imbezelled That Mr. Ivie now finding his own Estate as well as his Wifes Affection too too visibly declining and that nothing could attend such an unhappy condition but Ruine and Dishonour to prevent both perswaded his said Wife to retire with him for a while to his Estate in the Country thinking thereby to take her off from the Temptations of those seducing Persons who engaged her in such pernicious courses But instead of a complyance he found a greater Obstinacy than ever neither could her own friends who then perswaded her to leave the City for a while prevail with her And that there might be no Industry wanting to perswade her he gave 100 l. to two Persons of her familiar Acquaintance to be urgent and sollicitous to endeavour the Accomplishment of his desire But by the Practises of the said Confederates she was seduced to the preferring of a vile scandalous and false Petition to the Lords Commissioners against Mr. Ivie for obtaining Alimony but not one syllable of her suggestions proved against him Nay the contrary proved by Mr. Ivie by the severall Testimonies of many Persons of good Quality and Reputation as appears by the Depositions themselves besides his own Oath which he made in answer to the scandalous aspersions cast upon him Notwithstanding this Vindication after two years dependance in the Chancery and the Expences of almost 3000 l. in this unnatural and twelve other Sutes at Law which were commenc'd against him by the means of this Sute she obtained from the Lords Commissioners an Order in private for 300 l. per ann. Alimony Notwithstanding Mr. Ivie was alwayes ready to receive her and use her in aâ—l Respects according to her Quality neither Mr. Ivie nor his Counsel being present Notwithstanding they declared That they would send for Mr. Ivie â— they would give Judgement in the Case But never as yet did nor ever yet heard the Merits of the Cause which in respect of the proceedings was contrary to the Rules of the Court and in respect of the Allowance in case Mr. Ivie had been guilty of the Complaint contrary to the Act of Parliament Having thus Affliction added to Affliction and being in Debt by the means of his said Wife above 3000 l. And having not wherewithall to sell to pay his Creditors And in regard the Reversion of his Estate is setled on his said Wife he attended almost a year upon the Lords Commissioners for his Relief that they would be pleased but to grant him a fair hearing upon the Merits of the Cause in presence of both parties with their Counsel which was by their Order accordingly granted and a Day by them appointed But when the Day came and Mr. Ivie had retained to his great charge many great Counsel the Lords Commissioners absolutely refused to hear the said Cause which hath exposed the said Mr. Ivie and his Wife to all manner of Temptations and their Persons and Estates to utter Ruine And although at the same time Mr. Ivie did Request the said Lords Commissioners to recommend any godly Minister whom they themselves should chuse to live in house with him and his Wife as an Expedient to a Peace and Reconciliation between them for which he obliged himself to allow any such Minister 50 l. per annum besides all other fitting Accommodations whatsoever yet was this Proposall flighted by them and laugh'd at by his said Wife even in the presence of their Lordships And since that time Mr. Ivie having sued those who received her and denyed her unto him and obtained by just proceedings in Law a Judgement and Execution against such Persons The Lords Commissioners have notwithstanding granted their Injunction for their Protection Insomuch that they have now effected an absolute Separation which is contrary to the Law of the Nation and the Act of Parliament for Alimony it self which was declared by my Lord Chief Justice Roles upon Reading the Decree for Alimony FINIS
and all other accommodations whatsoever in the greatest Plenty for the Consideration of Nothing Certainly amongst the Indians themselvs have I not seen so great perfidiousness Now had I just Reason to suspect 't was not only the malicious Counsels of her wicked Abettors was the cause of her inhumanity towards me but that she had in her own Brest a Principle of Enmiry and dissatisfaction even to the Relation of being my Wife Nay seeing the Scene appears t is too easie to understand what Plot is laid and concluded If she can survive me which she thinks very probable and hath no issue of our two bodies which she is resolved never to have by keeping her self from me Then will she be a Fortune indeed and her Widdowhood be worth its weight in Gold And if in the mean time during my life she can have from the Lords Commissioners by way of Alimony 300 per annum she will think her self in a better condition than her father who had but 240 l. per annum both for himself and his whole Family And to prosecute the Sute she hath 1200l worth of Jewels already and 500l in ready Cash advanced and her Husband much in debt so that peradventure she may outspend him also even at Law But to obtain this glorious design many difficulties are to be pass'd through And though she herself hath resolved to calumniate vehemently presuming that somewhat will gain a Belief amongst many yet will not this be enough and therefore Witnesses must be prepared of as large Consciences as Foreheads And for their better encouragement They shall participate in the Gain and Advantage Welcome Expressions and Opportunities to such Persons whose defamed Lives and necessitous Fortunes rendred them neither in a Capacity to live or converse with People of any Honesty or Reputation As for her part her suggestions and insinuations were high indeed much fear she pretended for had it been more than a Pretence all had been accomplished and my life lost lest she should participate of the Sins and Punishments of Sodom and Gomorrah And as for her body she durst not trust that with me lest at any time being Morose and Cholerick I should injure her by Blows or if kind I should infect her with unclean diseases To enforce these Motives upon the Minds of all People who now took notice of these distractions Never was there a more exquisite Vizard of Modesty put on by a Woman Never were Expressions of Religion more distorted to an ill end no Projects and Practices of Obscenity and Murder it self were wanting to colour these malicious devices against me Nay so grossely infatuated was she in her scandall that she represented my person to be more like to a Monsters than a Mans. Her Abettors are not wanting in acting their parts also What she insinuated they converted into clamours neither stuck to depose any thing what possibly could be believ'd to be sworn by them without any apparent contradiction Having thus prepossessed the Ears of as many Persons of Quality as she could and framed a Harmony of Testimonies as well as of Witnesses with as much Art and Cunning as her own Wit or her Abettors or the matter it self could supply she took out with much eagernesse a Commission out of the Court to make what proof she could of her Petition Notwithstanding this further provocation also my Lips were lock'd up with silence as well as my Heart with sorrow not retaliating Evil for Evil in the least measure or so much as intimating unto her of her first Follies which if they were published by me might have raised a great Cloud upon her Reputation Neither was I content to be totally Passive of what injuries had passed but was resolved not to leave any means unattempted to reclaim her from these extravagancies And thereupon went unto her in Person with Mr. Escot Serjeant Middleton and Mr. Booth at Mr. Zancheys house he himself being present and with as much Rhetorick as my real affection to her could dictate did passionately move her to a Reconciliation shewing what Scandal and dishonour would follow such differences and promising withal a perfect Oblivion of whatsoever had been acted against me And to fortifie my arguments the better I desired all those Gentlemen there present to do the office of Christian Moderators and to endeavour to stop the Breaches between us which were too wide already Neverthelesse by how much the more weight she perceived in our Reasons the more obstinacy she discovered in her returns utterly rejecting any agreement upon what terms soever Hereupon suspecting in her the apparent Symptoms of a sear'd Conscience and how that by my silence the World began to infer a main Guilt of those Aspersions which had been divulged against me Upon the serious advice of my Counsel though I cannot but acknowledge a very great Reluctancy thereunto I was perswaded to examine Witnesses also both to vindicate my own integrity and to discover unto the world the Grand Cheat that was contrived to gain my Estate which could no otherwise be accomplished without defaming my Person and if it were possible to take away my life also which shall evidently appear anon But before I shall give an Account of the proofs which were made on my behalf I shall according to her own forwardnesse and Method give your Highness a short view what was attested for her One swore That he saw me squieze her at eleven a clock one night as She was going down stairs Another that she heard my Wife complain of ill usage but though she lived in house with us never heard me give an ill word to her Another heard her cry out Help Help Murder Murder and saw me take her by the Throat Though I refer my self to my Affidavit on Oath yet when I shall manifest it That this Woman who swore this was brought in that very night and next morning conveyed away I suppose 't will be no difficult thing to perswade any one to believe that this Creature was brought in on purpose to be a Witnesse against me The Woman that swore this was brought in that very night on purpose to be a Witnesse and the next morning went away again One Measter a pretended French Physician swore that she was ill and that there was a suspition of Poyson but this was five moneths after she left me and was commonly reported to have the Pox which being a Venemous Disease the Frenchman might safely swear with a mental Reservation the frequent Practice of his Countrey-men there was a suspition of Poyson This is the substance of what was sworn against Me and should I name the Persons of the Witnesses they were more mean than their Testimonies The Chief of them was her Aunt Mistress Williamson of whom I shall say no other but that her Way and Living is after the rate of 300 or 400l per annum though it be well known That neither her Husband nor her self have any Profession to
Mistress calling her Queane for acquainting me with it and threatning to strike her for it denyed 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 Fellony 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. Pauncesoot 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 VVench held Correspondency with the Enemies of the Commonwealth beyond Seas and so apprehend her By vertue of which VVarrant she was seized on accordingly and kept Close Prisoner 18 days together with great hardships During this Imprisonment a Gentleman came to this VVench from my VVife 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 Acknowledgement 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 Pauncesoot 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 withall that in a very short time she would abundantly expresse 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 commited 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 there Chancery rather a Court of oppression than good Conscience nay I have this peculiar in my Case that after all VVitnesses on both sides were examined they never afforded me that favour which they omitted to none as to command me and my VVife 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 VVife 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 favour 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 Sute 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 ere 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 moneths 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 300l 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 other were by their Lordships directions also examined by the Register in the presence of Counsel on both sides And for the better cleering 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 dayes 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 setled upon Sir John Brampston Knight and William Booth Esquire to the uses in the said Indenture declared Their Lordships were fully satisfied that there is good cause to give allowance for Alimony to the Plaintiff And do Order and Decree that the Plaintiff have paid unto her the summe of 300 l. by the year which their Lordships intend to be had and raised out of the Plaintiffs Fathers Estate so setled in the said Trustees as aforesaid until farther order And do
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 VVill and by that VVill had acquitted me from any further Performance insomuch that the Estate was now totally belonging unto me This I believe my VVife told them and peradventure shewed them such a VVill and this is their Ground But by their leave I cannot think till such a VVill 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 conscientious Judges as they are Judges of Conscience they would have first caused her to prove the said VVill which then had clear'd the Estate from the claim of my Brother Stepkins and saved me the expences of some Sutes in Chancery for no other end than to get the Will produced which to this day I am not able to doe Notwithstanding I have a Bill of Complaint depending before them for that purpose Neverthelesse 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 sweetnesses of his refreshing Spirit though many Oppressions and Grievances were daily multiplied and many new Sutes at Law were set on foot against me by my Wifes 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 moneths were expired and hearing nothing from them to that purpose though many several Friends of Quality had moved them thereunto I address'd my self with an humble Petition for a hearing After it was read they appointed a day though it was somewhat far of 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 29 of April 1653. Between Theodosia Ivie Plaintiff Wife of Thomas Ivie Defendant VPon the Defendants humble Petition this day preferr'd 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 separated 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 Sute Their Lordships as Judges 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 24 of July last their Lordships were pleased to appoint her 300 l. per annnm out of her Fathers Estate until further Order And the said Defendant being daily arrested and troubled for the said Plaintiffs Debis cannot walk the streets without molestation by the Officers and Bailiffs It was prayed That some day as soon as to their Honours should seem meet may be appointed to hear the Defendants Reasons and the merits of the Cause why the said Order should be null'd 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 groan'd 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 John 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 Draught 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 entered 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 300l per annum should be raised out of the Fathers Estate which was selled at the Marriage upon Sir John Brampston Knight Orlando 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 unlesse 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 300l 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 by her Petition to the Lords Commissioners That her Husband hath deserted her and left her no means to live That during her Cohabitation with him she was in danger of her life and became very weak and for perill of receiving from him diseases of dangerous conseqnence she cannot Cohabite with him
appointed in the Deed of Settlement or the said VVill proved for in Default thereof the Trustees are obliged by the said Indenture to settle the said Estate on the Plaintiffs Father and his Heirs for ever And the Estate is not as yet recovered by the Defendant but is still invested in the Trustees who are no parties to these proceedings and in the possession of the Heir at Law Insomuch that no Alimony as the Defendant is advised by his Counsel can be ordered from hence because the Ordinance of Parliament impowreth the Lords Commissioners to allow the maintenence out of the Husbands Estate not out of any others whatsoever And the Plaintiff hath or ought to have in her custody 1200 l. worth of Jewels which were delivered her according to the Indenture of Settlement at the Inter-marriage And in case the Defendant survive her ought to be restored to the Desendant who hath too great reason to suspect that they are wasted and embezelled and therefore the Defendant humbly beseecheth your Lordships that instead of giving her Alimony you will be pleased to enforce her to give good security unto the Defendant or bring the Jewels into Court that so he may not be cheated of 1200 l. by the Plaintiff and her Abettors and unlesse your Honours yield to secure the said jewels whilst this cause depends before you he doth not conceive where or how he can be redressed from any Court of England That about the beginning of these unhappy differences it was proposed both by the Plaintiff and her Father that in case she mighthave her liberty to live where she would that she would accept of 120 l. per annum for her maintenance and look on it as a very good provision which accordingly was agreed upon and drawn into writing and engrossed by and with the consent of Sir John Brampstone her Uncle and Orlando Bridgeman Esquire two of her Trustees her Father also promising that his Estate should be setled according to the Covenants on the Defendant without further Sute of Law but the said Defendant was unwilling to seal it being very tender to Act any thing that might separate him from the continual enjoyment and society of his VVife so that 300 l. per annum is more than her self Father Trustees and friends did think fitting by 180 l. per annum That the Petition it self is both false and scandalous and hath been disproved by several Witnesses nay the contrary also proved by Persons of Quality that she lived very plentifully in great abundance rather beyond than under her Quality in every respect as the Defendant hopeth is most visible to your Honours That notwithstanding such vast sums have been expended on her by her means and that the said Defendant is to pay to Creditors 3000 l. and to raise 4000 l. more to be secured unto the Trustees as aforesaid And that in case he recover the Plaintiffs Fathers Estate 't will not with his own make above 872 l. per annum out of which all these moneys must be raised and in case 300 l. per annum of this shall be taken away out of the Plaintiffs Fathers Estate which he has dearly bought and purchased That 't will be impossible for the Defendant to avoid perpetual Imprisonment but must be kept in Gaole and the Creditors defrauded and must there perish and himself be cheated also of 1200 l. worth of Jewels yet he is most willing to receive her and take her again and forget all former Passages whatsoever that so they may for the future lead a peaceable and godly Life together Counsel also I did retain very many and great ones That in Case the Lords should refuse the Papers and would not hear the Merits of the Cause in Publique in regard I might not be wanting to lose the opportunity of that Time which they had ordered for me I drew up also to be tendred at the same time that if it had been possible I might have prevented both Reading and Arguing too this short Petition following Theodosia Ivie Plaintiff Thomas Ivie Defendant To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England The humble Petition of Thomas Ivie Defendant Sheweth THat your Petitioner with much Horror and Amazement doth consider the great unhappinesse of his future life if your Lordships shall both separate him from the Society of his Wife and take from him so great a part of his Estate having such great debts to pay as have been made appear to your Lordships That he cannot Despair in the infinite Mercy of God in whose hands are the hearts and desires of all Mankind But that his Wife notwithstanding such vast sums of Money have been wasted and such odious aspersions cast on him may yet return and take Comfort from her Husband being passionately desirous to receive her if all Christian and prudent means may be applyed That for your Petitioners part he doth as in the presence of God forgive her from the bottom of his Soul and is most willing to Cohabite with her so long as he liveth on Earth That he hath often desired to express unto her and used all the Iudustry as Man can imagine but once to speak with her even before any of her friends to let her know so much but could never obtain any such meeting from her In Order hereunto he is very willing that a Godly and Conscientious Divine may be received to live in house with your Petitioner his Wife both to exhort and instruct them in their Duties towards God and one another and to perform all Gospel and Family-Duties amongst them for certainly the Lord will not deny a Blessing on those means which he hath ordain'd and which is unfeignedly sought after by a broken and contrite Spirit And your Petitioner will oblige himself to allow any such Minister 50 l. per annum besides all other conveniences whatsoever May it therefore please your Lordships not to pronounce any such hard Sentence as Separation but rather enjoyn your Petitioner and his Wife to live together and to appoint any honest and religious Divine to live with them who may ever be at hand to pray with them and for them and to keep up their Spirits in Peace and Unity together And your Petitioner shall pray c. Thomas Ivie August 24th 1652. When the Day came and the Counsel began to speak my hopes were quickly commanded to vanish and the Counsel to hold their Peace for they suddenly declared That they would not hear the Merits of the Cause With much pressing Mr. Lisle read the Petition And though they took evident notice of it yet would they not return any Answer to it or so much as demand of my Wife who stood there laughing in their Presence whether she would return to me or no Only they were pleased to find fault with that word Separation And told my Counsel That they neither had or could separate our Persons These words they had