Transcribed by Paul Myles
This important document has recently been purchased by the Sussex Record Office Articles of Agreement Tripartite Indented had made and agreed upon the Fourth day of June in the Year of our Lord One thousand and Seven Hundred and Seventy four Between Thomas Pain of Lewes in the County of Sussex Fate- inserted above] Excise Officer of the first part Elizabeth Pain Wife of the said Thomas Pain ( late Elizabeth Olive Spinster) of the Second part and the Reverend James Castley of Lewes aforesaid Clerk of the Third part.
Whereas certain unhappy Quarrels and dissensions have arisen (and which do now in part subsist) between the said Thomas Pain and Elizabeth his Wife for putting an End to which They the said Thomas Pain and Elizabeth his Wife bath mutually agreed to live separate and apart and Previous to such Separation he the said Thomas Pain hath consented thereto and also proposed and agreed that the said Elizabeth shall have and take a few fixtures now remaining in their late dwelling House at Lewes and valued by Mr Verret/ at about Twenty five Shillings
And whereas Samuel Olive late of Lewes aforesaid Grocer deceased Father of the said Elizabeth in and by his last Will and Testament Did give and Devise All that his Messuage or Tenement and Appurtenances wherein he lived Situate in the parish of Saint Michaels in the Town of Lewes aforesaid unto his Wife Hester Olive for and during the Term of her Natural Life and after her Decease he gave and Devised the same unto John Ridge of Kingston in the said County Gentleman and John Attersoll of Lewes aforesaid Carpenter and the Survivor of them and the Heirs and Assigns of the Survivor In Trust to sell the same and out of the Monies arising thereby In Trust to divide the same between his Four Children John Samuel Thomas and Elizabeth ( now the Wife of the said Thomas Pain as aforesaid) in equal shares and in case any or either of them should happen to Die before the Monies Should become Payable then to pay the same in such manner as therein is mentioned As in and by the the said Will and Probate thereof relation being thereunto had more fully will appear
Now the said Thomas Pain bath also consented and agreed that the said Elizabeth shall have and take her share of the said Monies of the said House when the same shall become due and Payable and will also give any Discharge that shall be then required to and for the Use of the said Elizabeth And the said Elizabeth hath agreed to give up to the said Thomas Pain the sum of I Forty Five Pounds- inserted ] now in hor Possession on or before the [ Sixth- inserted day of [ June – inserted ]
And the said James Castley for and on behalf of the said Elizabeth Pain bath agreed to indemnify the said Thomas Pain of and from Payment of all Maintenance Monies to be by her the said Elizabeth Pain demanded or Recovered against him the said Thomas Pain as also of and from all contracts Debts and Engagements whatsoever to be by her the said Elizabeth Pain in any wise contracted and which he the said Thomas Pain shall actually Pay together with Charges touching the same in such manner as hereinafter is mentioned
Now those Presents Witness that the said Thomas Pain in Pursuance of his aforesaid Proposal and Agreement doth hereby for himself his Executors and Administrators and every of them Covenant Promise and agree to and with the said James Castley his Executors and Administrators and cloth also agree with the said Elizabeth his Wife in manner and form following, that is to say, That it shall and may be lawful to and for the said Elizabeth his Wife and that he the said Thomas Pain shall and will Permit and Suffer her the said Elizabeth from time to time and at all times from henceforth during her Natural Life to live Separate and apart from him and to reside and be in such Place and Places and in such Family and Families and with such relations Friends and other Persons and to follow and carry on such Trade and Business as she the said Elizabeth from time to time at her Will and Pleasure (Notwithstanding her [present- inserted above] Coverture and as if she were a Feme Sole and unmarried) shall think fit and that he the said Thomas Pain shall not nor Will at any time or times hereafter sue her the said Elizabeth in the Ecclesiastical Court or any other Court for her living Separate and apart from him or Compel her to Cohabit with him or to sue Molest disturb or trouble her for such living Separate and apart from him or any other Person or Persons whatsoever for receiving harbouring or entertaining her nor shall or will without the Consent of the said Elizabeth Visit her or knowingly come into any House or Place where she shall or may dwell reside or be nor shall or will at any time hereafter claim or demand the said few fixtures or the said Monies which she shall be entitled to at the time of the Sale of the said House in Lewes aforesaid or any of the Monies Rings Plate Clothes Linen Woolen Household Goods or stock in Trade which the said Elizabeth shall or may at any time hereafter buy or Purchase or which shall be devised or given to her or shall otherwise acquire and that she shall and may enjoy and Absolutely dispose of the same as if she were a Feme sole and Unmarried
And also that he the said Thomas Pain shall not nor will at any time hereafter Slander or defame his said Wife or detract from her Good Character or do any Injury whatsoever to her or her reputation And also that it shall and may be lawful for the said Elizabeth to have receive and take to her own Separate Use and Benefit her said Share of the Monies for which the said Messuage or Tenement in Lewes shall be Sold when the same shall become due and Payable
And the said James Castley for himself his Heirs Executors and Administrators and for every of them doth covenant Promise and agree to and with the said Thomas Pain his Executors and Administrators by these Presents That he the said James Castley his Heirs Executors and Administrators shall and will from time to time at all times hereafter well and Sufficiently save defend keep harmless and Indemnified as well the said Thomas Pain his Heirs Executors and Administrators as also his and their Lands Tenements Goods and Chattels of from and against Payment of all manner of Debts whatsoever and of what nature or kindsoever which she the said Elizabeth Pain from henceforth from time to time and at all times hereafter during the said Separation shall Contract or make with any Person or Persons whomsoever and also of and from Payment of all Alimony Maintenance and Support whatsoever which [ she- inserted above] the said Elizabeth Pain at any time hereafter may have claim challenge or Demand from the said Thomas Pain or his Estates Real or Personal during the Continuance of such Separation and likewise of and from all Costs Charges Expenses and Damages whatsoever which he the said Thomas Pain his Heirs Executors and Administrators shall or may at any time hereafter pay Sustain or be put unto by the said Elizabeth Pain Contracting any such Debt or Debts or Demand of any such Alimony Maintenance or Support as aforesaid or for or by reason or in respect of any other Cause matter or thing whatsoever which may be born paid or Sustained by him the said Thomas Pain touching or concerning her the said Elizabeth so living separate and apart from him the said Thomas Pain during the time aforesaid. In Witness whereof the Parties first above named have to these Presents Set their Hands and Seals the Day and Year first above written
Signed Sealed and Delivered ( being first duly stamped) by the said Thomas Pain and James Castley in the Presence of John Ollive
William Wright
Signed Seated and Delivered ( being first duly stamped) by the said Elizabeth Pain in the presence of John 0llive.