278. Paine (Thomas, author and revolutionary, author of “The Rights of Man”, 1737-1809) [Deed of legal separation between Thomas Paine and his wife, Elizabeth Paine, née Ollive], D.s. “Thomas Pain”, “Elizabeth Pain” & “James Castley”, with 3 identical wax seals with initials, manuscript indenture on paper, 1p., 37 lines, 2 duty stamps in left margin (1 ink, 1 blind-stamped), laid down on thick paper, tears along folds, large tear along central fold between sentences but affecting a few letters above and below, a few other tears and wormholes but entirely legible, some damp marks, mostly at tail, some soiling and browning, wax seals cracked (seal opposite Thomas Paine’s signature lacking small piece of wax at head, one other chipped), framed and glazed (can be viewed out of frame), 475 x 610mm., Lewes, 4th June 1774.
est. £6000 – £8000
Thomas Paine’s deed of legal separation from his wife, Elizabeth Ollive, signed a few months before his departure for America, this document highlights the collapse of Paine’s affairs in England.
“Articles of Agreement Tripartite Indented had made and agreed upon the Fourth day of June in... One thousand and Seven Hundred and Seventy ffour Between Thomas Pain of Lewes in the County of Sussex late Excise Officer of the first part Elizabeth Pain Wife..., (late Elizabeth Olive Spinster) of the second part and the Reverend James Castley... Clerk of the third part. Whereas certain unhappy Quarrels and dissensions have arisen (and which now do in part subsist) between... Thomas Pain and... Elizabeth... for Putting an End to which They... have mutually agreed to live separate and apart and previous ... Pain hath consented thereto... that the said Elizabeth shall have and take a few fixtures now remaining in their late dwelling... and valued by Mr. Verrale at about Twenty five shillings And whereas Samuel Olive... Did give and Devise All that his Messuage or Tenement... Situate in the parish of St. Michael’s... in Lewes In Trust to divide the same between his ffour children... in equal shares... Now the said Thomas Pain hath also consented and agreed that... Elizabeth shall have her share of the said monies... and... Elizabeth hath agreed to give up to the said Thomas Pain the sum of Forty Five Pounds in her possession on or before the Sixth day of June... and Thomas Pain shall... permit... Elizabeth... to live separate and apart from him... Thomas Pain... shall not nor will at any time hereafter slander or defame his said wife... James Castley Indemnified... the said Thomas Pain... of from and against Payment of all manner of Debts... which... Elizabeth Pain... shall contract 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, sealed... by... Elizabeth Pain in the Presence of John Ollive Thomas Pain Elizabeth Pain James Castley.” - Indenture.
Paine, originally from Thetford in Norfolk, drifted to London and the South East as a young man and worked in a variety of jobs, including on privateers and as a stay-maker, his father’s profession. In 1768 he was appointed to the position of excise officer for Lewes in Sussex and moved into rented lodgings with Samuel Ollive, an innkeeper and his family. Soon after he went into business with Ollive, setting up a tobacco mill as an independent source of income. “Samuel Ollive died in July 1769, leaving his widow, Esther, and daughter, Elizabeth, in poor circumstances. For propriety’s sake, Paine took up lodgings elsewhere, but the following year he joined the Ollives in opening a shop, and on 26 March 1771 he married Elizabeth (c. 1749-1808) who was at least ten years his junior. The following year he was nominated to press the excisemen’s case for improved pay and conditions in London.” (Oxford DNB). From then on Paine’s fortunes took a turn for the worse. The excisemen’s case failed, then in 1773 the tobacco mill business collapsed and in the following year he was dismissed from his job at the excise. “Moreover, in May 1774 Paine and his wife separated, with a formal document being signed on 4 June 1774.” (Oxford DNB). The above is that document of separation detailing Paine’s and his wife’s assets. At a low ebb Paine with the forty five pounds from his estranged wife booked a passage to America where he would start his controversial career as a revolutionary and pamphleteer. The document is signed “Pain”, he changed the spelling of his name to “Paine” at a later date.
Provenance: From the basement of a shop in Hastings, located in the 1970s. The above document has been cited many times in biographies of Paine but only Moncure Daniel Conway in his Life of Thomas Paine, 1892 seems to have seen and quoted from this document.
With thanks to Dr. Mark Philp for his assistance in cataloguing this item.