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A87232 Alimony arraign'd, or The remonstrance and humble appeal of Thomas Ivie Esq; from the high court of chancery, to His Highnes the Lord Protector of the Commonwealth of England, Scotland, and Ireland, &c. VVherein are set forth the unheard-of practices and villanies of lewd and defamed vvomen, in order to separate man and wife.; Humble appeal and remonstrance of Thomas Ivie, Esq. Ivie, Thomas. 1654 (1654) Wing I1108; Thomason E231_3; ESTC R8770 44,790 55

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no sooner spoke but I confess I laid hold on though I had been most hardly and severely dealt withall in the judgment of those that were present Insomuch That now I did despair ever to find amongst them and indeed did determine to commit my Cause unto God untill in his due time he should raise up Judges in our Israel who should execute Righteons Judgement even upon those Judges themselves But in the mean time I was advised which was very agreeable unto my own Disposition not to leave any thing unattempted which might be thought advantagious to a Union of Us but to go personally to my Wife and perswade her my self to leave those Persons who aymed at both our Ruines And to return to me passionately willing to receive her And if she should notwithstanding refuse to speak or go with me then to demand her of those Persons who received her into their houses Accordinly taking two civil Gentlemen I went to her Lodging but received a Repulse from her instead of Complyance and then seeing Mr. Williamson who kept the house I required from him the person of my Wife who refusing her was sued by me And upon the Tryal before my Lord Cheif Justice Roles a renowned Person had a Verdict Judgement and Execution of 100 l. against the said Williamson for detaining my Wife from me Many Counsels there were to argue the Case and the Decree itself under the great Seal of England was opened read and shewed the Jury But my Lord Roles quickly stated the resolution of the Case in my behalf and the Jury gave me 100 l. damages Williamson now finding himself in a great Dilemma either to deliver up my Wife or himself to ruine and my Wife in so bad a condition notwithstanding her glorious Decree that although she had 300 l. per annum yet if she could not take the liberty of her old Companions or any new one wheresoever she should be entertained for fear of Judgement and Executions began to take new Counsel how to free Mr. Williamson and her self from this bondage of living under the Roof of a Husbands House and the truth is sollicited it to the purpose amongst her old Patrons the Lords Commissioners For with all speed Williamson prefers a Bill in Chancery to be releeved against my Execution And after he had preferted his Bill though my Answer was so clear as it could not admit of one exception moved for an Injunction after Judgement and Execution granted at Law and to protect him for keeping away my Wife which was granted in these words as fully as he could desire being ingrossed in Parchment and sealed THe Keepers of the Liberty of England by Authority of Parliamemt To Thomas Ivie Esquire and to his Counsellors Agents and Sollicitors and every of them Greeting It was informed in our Court of Chancery 10 November instant in the behalf of George Williamson Pl. against you the said Thomas that the Pls. Bill is to be relieved against an Action and Judgement thereupon obtained against the Pl. upon pretence of the said Pls. detaining of your the said Defendants Wife from you and it appearing in a Cause of Alimony between you the said Defendant and your Wife that their Lordships decreed her Alimony during Separacion In which time she ought to have a Habitation apart from you the said Defendant as well as a separate maintenance or else the Decree were groundlesse And we conceiving the doings of you the said Defendant to be altogether unjust Do command and by these presents strictly enjoyn you the above named Thomas Ivie and you his said Counsellors Attorneys Agents Sollicitors and every of you under the pain of 500 l. to be levyed of your Lands Goods and Chattels to our use That you and every of you do from benceforth surcease and forbear all further Proceedings at the common Law against the Plaintiff upon the said Action and Judgement thereupon until the said cause shall be finally heard and determined before us in our said Court And this you nor any of you may omit in any wise under the penalty aforesaid Witnes our hands at Westminster 10 November 1653. Vera Copia ex May This Injunction being now granted Signed and Sealed with the Commissioners hands under the great Seal of England is the Accomplishment of all their Designs and the compleating of my Misery though the Courts of Law both could and have in some measure relieved me yet is the power of it restrained by this Injunction which indeed I suppose can be called nothing else than a perfect Separation and Divorce whether the Chancery being stiled the high Court ever receives from any Parliaments such an unlimited power as this It behooves them to make out unto your Highness T is the opinion both of the greatest and honestest Counsel of England That no parallel for this Case no President of the like Nature is to be found on Record Nay they are not backward to aver That it is as contrary to the Word of God the Law of the Nations the Civil Law the Law of our own Country as well as the Practice of the Chancery it self Once did that Court by its own Authority issue out a Sequestrat●on upon a Gentlemans Estate and it was by very many Persons admired and murmur'd at but never could I near that they ever sequestred Women from their Husbands Were there not a superiour Jurisdict on over this Court whose Determinations seems too too Arbitrary being grounded solely uppon the Opinions not to say the Passions or Aff●ctions of two or three Erring men what a miserable Bondage and Slavery were this Nation in what Benefit could we expect from all the good Laws of former Ages if their power may be qu●●●'d or supprest at the pleasure of the Chancery They might have for ought I know made an Injunction also that I should never complain and if I had attempted to have made known my Case to have aid me by the heels But blessed be the name of our God Jehovah whose extraordinary Providence hath been visible in this Land that he hath raised up and setled your Highness to be next under himself the Supreme Dispenser of Justice and Righteousness to these Nations which the Lord has happily placed under your Highness Government By which means we have a just confidence to be assur'd having had many Experiences already of your Highnesses singular piety and justice in those severall stations where the Lord has formerly placed you That there shall be no more complainings made either in our streets or in the very corners of our Country but shall be heard and relieved even against the Great Ones amongst us T is your Highness power therefore which I implore t is only your power can free me from those Fetters which are laid upon me by the Lords Commissioners only your power that can repair me for t●e Injuries done both to my Person and Estate which I have undergon by Reason of my seduced Wife T
Alimony Arraign'd OR THE REMONSTRANCE AND HUMBLE APPEAL OF THOMAS IVIE Esq From the High Court of CHANCERY To His HIGHNES the LORD PROTECTOR of the Commonwealth of England Scotland and Ireland c. WHEREIN Are set forth the unheard-of Practices and Villanies of Lewd and Defamed Women in Order to separate Man and Wife LONDON Printed in the Year 1654. The humble Appeal and Remonstrance of Thomas Ivie Esq. To His Highness the Lord Protector c. HAd it not pleased the Lord to bear up my fainting spirit with more than an ordinary Confidence that the Deliverance of his People was nigh at hand and that he would put a stop to the Violent Passions of Oppressing Men I had undoubtedly sunck under those abominable Scandals and Aspersions which have been cast like dirt about the streets upon me by my Wife and her Abettors But certainly the Day of our Deliverance is already dawn'd And we are in some measure assur'd that Justice and Righteousness is already broke sorth and that the Abominations of the Wicked shall be no more clothed with Authority but whatsoever is a Lie shall be made manisest and confounded As our Eyes are therefore on the Lord as the supreme Fountain of all Goodness so we trust that the Declaration of his Will shall be made out by Your Highnesse being chosen by Himself in an extraordinary manner and by a wonderfull series of Providences to this very end to execute Righteousness and Judgement for his People that are oppressed amongst us and that your Highness will put on bowels of Compassion for the Afflictions of Men in Misery who pour out their Complaints and Grievances before you With this Confidence I appeal from the Chancery unto your Highnesse being unable to endure any longer either the Expences or Delays of that Court or indeed the Justice which is there distributed For besides the hazarding of that which is better than a precious Ointment much of my Estate hath been consumed and great Debts contracted by reason of my attendance upon these unnatural Differences which have been fomented between my self and my seduced Wife much of it torn away by Violence under a Pretence of Alimony for her to whom I never denyed or refused any thing whatsoever And that which remaineth is daily so molested with Creditors that I now may most truly take upon me the Expression of Job I once had Riches but now have none And unless it will please your Highness to afford a speedy Redress I shall hardly enjoy long my Liberty also I will not say any thing of those sad and dismall Thoughts which have been conninually in my Mind those hideous Temptations which have been hourly grating and gnawing my very soul During this sad Condition t is the Voice of the Lord only can speak Peace unto my Spirit whose Name be blessed for those sweet and refreshing Experiences with which he hath supported me in this fiery tryal but I shall open unto your Highness as unto a good Samaritan the wounds of my Body and Fortune briefly present a Narrative of the whole Matter concerning my self and wife and how it hath been transacted in the Chancery That so I may with the more confidence expect a Cure proportionable to my Disease and that your Highness Judgement may be as well grounded upon Knowledge as my Suffering upon Experience Having faithfully discharged the Trust that was reposed in me by the honourable East-India Company as their chief Agent at Madrassopotan where I had not only the Command of the persons of Thousands of People but also the Fort of St. George and Town of Madrassopotan And having made a thorough Reformation of the grand Abuses which had crept into those parts to the great Injury of the Trade and erected them a Town by my own pains and Industry even out of the Sea it self for the better advantage and security of it I resolved with my self though I was often perswaded by the said Company to continue longer my Charge to return into my Country where I had left the near relation of a Wife behind me And by how much the more that Reciprocal happiness which we enjoyed together did revive the more enflam'd were my Desires for a Return But I had no sooner arrived in England but the first News almost that was brought me was the Death of my Wife in her very Journey to meet me This was the first Tryal which the Lord laid upon me But as he corrected so he gave me Patience and Submission to his Will in it neither were friends wanting to endeavour a Belief in me that as the Lord had taken one Wife from my Bosom so he could bestow another After many several Dayes and Months thus spent in Melancholy and willing to inure my self to the Condition I enjoyed when I left England I was perswaded to address my self to one Mrs. Garret a Widdow and Daughter of Mr. Stepkins who was represented unto me to be as beautifull in mind as in person And though her Husband had left her nothing yet was I not deterr'd by this to forbear my sute supposing what was wanting in Fortune would be made up in Affection and and Sweetness towards me Hereupon in short about October 1649. a Marriage was had and concluded between us and that I might give the best demonstration what a high value I put upon her I setled for her Joynture 1000 l. per ann. and Covenanted with her Trustees to leave her at the time of my Death 1000l also in ready money Her Father now taking notice of this cordial and affectionate dealing of mine with his Daughter made in short this Proposition unto me That if I would give him the said Stepkins 1000l more and deliver forthwith unto his said Daughter as many Jewels as might be worth at least 1200l that then he would settle his Estate at Wapping being 240l per An. upon me for my life and after my decease to my Wife And in case we had Issue then to them and in case we had no issue then to the Heirs general of the said Stepkins or such as he the said Stepkins should limit and appoint To which I returned as short an answer and told him I would immediately perform his demand Whereupon I did disposite 1000 l. in mony and 1200l in Jewels and all the aforesaid agreements and Settlements were Indented in Parchment and legally executed accordingly as may appear from the Deeds themselves proved by two Testimonies in Chancery to which I refer my self I make no mention what Presents nor of what value they were though considerable I sent her before Marriage because they were purely Gifts but the other upon the most real and highest consideration of Marriage I suppose its already evident that had I now found the affection which I promised my self it might be very well said to be rather purchased than gained for although there was 240l per ann. setled upon the Considerations aforesaid yet was it a
Creditors for had I stayed longer I must of necessity have been carryed to Prison or at least to my Grave For I was so much troubled and griev'd in mind at your unkindness and want of money that I thought my heart would have broken which so transported me that I knew not what I did when I left you Yet notwithstanding your unkindness to me if you can borrow 30 l. of any Friend of ours to supply your present occasions I will see it satisfied if not I shall willingly consent that you pawn some of your Jewels for so much money and when the India ships come home God willing I shall redeem them for you again and when I have paid my Debts you shall command me and my Estate which shall be at your disposure I should rejoyce to see you and my Father Stepkins here Therefore Dear Heart When you have a mind to come unto me advise me and I shall wait upon you to bring you down And when you are weary of my Company and Entertainment in the Country where my self and all that I have shall be at your Disposure I shall when you please return again with you to London and ever remain Your most affectioned Husband Thomas Ivie Malmsbury 24 March 1650. Instead of a Complying answer which I expected for We cannot easily despair of Things We passionately desire I received this Summons from the Lords Commissioners of the Great Seal to appear before them WHereas Theodosia your Wife hath on this present day preferr'd her humble Petition unto us the Lords Commissioners of the Great Seal of England Thereby praying Allowance of Alimony as by her said Petition remaining with us doth appear We do at her instance give you Notice thereof Requiring you hereby to make your personal appearance before Vs on the thirtieth day of this Instant to speak with Vs about the same Richard Keeble John Lisle Middle Temple the 11 day of April 1651. Immediately laying aside all my Business as fast as Passions and Spurs could quicken I repaired to the Chancery where I found to my great astonishent this false and scandalous Libel under the Title of a Petition for Alimony preferr'd against me The humble Petition of Theodosia Ivie Plaintiff Wife of Thomas Ivie Defendant THat She being the Daughter of John Stepkins Esq and married to the Defendant who hath without any cause given him not only deserted her Company but left her destitute of all manner of Means for her Livelihood and Subsistence And that during the time she cohabited with him she hath not only been in great Danger of her Life by bis Cruel Vsages and unjust contrivances but by some means occasioned by the Defendant she hath been very Weak and Infirm And hath received from him such Infirmities not becomming a Husband to conferr on his Wife And that by reason of his said cruelties and the peril of receiving from him Diseases of Dangerous consequence she could not cohabite with him as his Wife without eminent peril of her Life And the Defendant was not only departed from her but utterly denied to allow her any convenient Support And that for meer necessity she had contracted some small debts And therefore she prayed the speedy Aid of the Court And that They would summon the Defendant before Them that upon hearing her just complaints she might be relieved and have such fitting Allowance by way of Alimony granted to her as to the Court should seem meet And that for the present she may have some convenient Allowance for Expences in this Sute she being otherwise unable to proceed therein To which having sought Patience from above I returned this answer That 't is true he Married the Plaintiff and hath ever since used her with the Respects of an affectionate Husband to a loving Wife and neither hath nor did intend to desert her Company but much desires it if he may find respectfull carriage from her and is so far from leaving her destitute of all means that since his Marriage which was not then above eighteen Moneths he had furnished her with Jewels and Pearl to the value of 1200 l. besides Apparel which cost him above 200 l. All which Pearl and Jewels she had in her Possession in March then last past when the Defendant went to his dwelling-house in Wiltshire at which time he not only sollicited her to go and dwell with him but promised her upon the Enjoyment of her in the Country to resign both himself and his Estate to her Commands and Disposall That he hath likewise paid her Father 1000 l. for which he should have setled upon the Defendant some Estate of Inheritance for her Portion which is all the Fortune he ever expected with her whereof he hath not received the value of one penny That he allowed her for Clothes money and otherwife for her use above 800 l. And during the time he hath lived with her he hath spent in Housholdstuff House-rent and House-keeping 2870 l. so that in eighteen Months he hath spent with her 6000 l. And this he mentions not as if he repented of his Kindness to her but to evidence to their Lordships that there is no just cause of Complaint against him for not allowing her Maintenance That he never acted any thing of Danger or Cruelty or that might occasion any infirmity to her nor was there ever any Disagreement or any Cause why she should separate from him But her desire was to live in London a place neither agreeable to the Defendants health or Estate He having already by reason thereof contracted many Debts And confesseth that having by consent of her Father and her self bought an Estate in Wiltshire situate in a healthfull air and a place of much conveniency delight and profit He hath many times by Letters in Person and by Friends earnestly desired her to live with him at his said house in the Country where she shall want for nothing in his power for her use and conveniency and care shall be taken for her accommodation for her Journey wherein he hopes yet to prevail that they may mutually enjoy the Comfort of each other which he much thirsteth after and is not a little grieved there should be any Question of it That he took such Order presently after his going into the Country whereby the Plaintiff was supplyed with monies for her present occasions and presumes the foul scandals suggested in the Petition are well known to the Plaintiff to have so little colour of Truth in them as he hopes the same were put into the Petition as words of Course rather than by her Direction And he utterly denies the same and therefore he hopes he shall not be ordered to make Allowance to the Petitioner as in the Petition she demands Could ever any Man suspect to be thus dealt withall by a Woman that had plighted her faith in Marriage to one who had setled so great a Joynture given her so many Gifts so much Money Jewels
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