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A52633 A narrative of the excommunication of Sir John Pettus of the county of Suffolk, Knight obtained against him by his lady, a Roman Catholick, and the true state of the case between them with his faithful answers to several aspersions raised against him by her, to the prepossessing the judgments of some honourable persons and others. Pettus, John, Sir, 1613-1690. 1674 (1674) Wing N185; ESTC R23115 13,266 21

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the 28th of Decemb. 1629. and then the sum of his Estate real and personal set down in particulars amounted to 27058 l. 12 s. 11 d. his Debts then 2431 l. 8 s. 5 d. So as his remaining Estate was then cast up at 24627 l. 4 s. 6 d. and so the Books continue till 1642. upon several increases and decreases But I shall not trouble the Reader with the Sums of every successive year which are writ all with his own hand but only come to his last Account viz. 12. Octob. 1642. when he was a Prisoner in the Tower so that during his life there which ended Octob. 3d. 1647. his Estate being at that time Sequester'd and many years after his death no man can imagine that he could increase it and by that last Inventory and that only of all the rest is writ by his Casheere yet living and by that it appears his Estate amounted then to 46903 l. 12 s. 4 d. which was the highest of all his Inventories from the Year 1629. to that time and the Debts which he owed on the other side were 10607 l. 18 s. 1 d. So that the ballance of his Estate was then but 36295 14 3 Now at his death there was but 25 l. left in money So that the 46903 l. 12 s. 4 d. is thus clearly and shortly accounted for 46903 12 4   l. s. d. Imprimis his Funeral cost as appears by a just Account all borrowed 0562 19 1 The Lady Gurney his second Wife his Relict had a Statute on the whole Estate so that we were forced by Decree of Chancery of which we borrowed the greatest part to pay her down 8220 00 0 Haberdashers Hall had besides charges part borrowed 1248 00 0 The Lord Richardson had for his Portion part borrowed 6200 00 00 And He and his Lady in Composition for the remaining Estate hereafter mentioned had part also borrowed 3556 00 00 The Debts due upon the Inventory aforesaid made in 1642. were duly paid viz. part also borrowed 10607 18 01 Other Debts contracted in his Imprisonment and paid by us and part borrowed 1860 13 09 Legacies paid by us 0896 00 00 So the Debts which were actually contracted by Sir Rich. Gurney and paid ut supra amounted to 33151 10 11 And the Estate yet remaining in Securities is 13356 12 06 Totall 46508 02 05   l. s. d. Now the utmost of his Estate being never above 46903 12 4 And the undenyable Disbursements without any Addition of Charges with the Remainder being 46508 11 4 The Whole Account is ballanced with 395 1 0 So that where was the 40 30 29 or 12 thousand pounds or 2 pence to be had as is pretended by her Allegations for can any one fancy but a Woman that 395 l. 1 s. 0 d. could mannage an Estate so incumbred when he died in 13. Committees in Statutes Judgments Mortgages Accounts of great and various natures and perplext Suits which are scarce yet determined besides the troubles of 5000 l. which the then Powers would have had out of that Estate the Contests about which lasting above 9. years after his death And after I had been Sequestred 4. years upon the general Account I stood sequestred one year and a half more to preserve the Lord Richardson joynt Executor with me in right of his Lady from the moyety of that 5000 l. which he had contentedly secured to Goldsmiths-hall rather than stand it out as I did at last after 6 years in his life time and 9 years after his death I was freed from this unspeakable trouble and charge about the 5000 l. and the Lord Richardson from the Security which he had given so tamely for the moyetie by the kind and just assistance of Charles Fleetwood then Lieutenant General but I could never retreive the 700 l. which the Committees took from me of my own Mony by Seisures and Rents Which made the Lord Richardson then so sensible of my cane and trouble and charge that by the advice of Sir Thomas Beding-feild and Sir Thomas Runt both of our standing Council he and his Lady with my Lady did under their hands and seals make over the most considerable part of the remainder of Sir Richards Estate to me for my Reimbursement and Satisfaction But my Lady not having that advantage by it which she expected I being not obliged to it by any such Conditions she protested and continues in that minde that she was forced and inveigled into it whereupon from that time to this in regret to that part of her ungrateful nature after all my endeavours to preserve the repute of her Father I thought fit eversince not to concern my self in the advantages of it although I might Legally have done it as well for my recompence as for my reimbursement of very considerable summes which I have expended and to which I am still subject by the continuing troubles of that Estate So that from the death of Sir Richard Gurney to this time I hope it doth Cleerly appear to any rational man that I have had no profit out of that Estate and as evident to their Judgements that besides what hath been received that my disbursements must necessarily be very great as in truth they are Now from the time of my Marriage to his Death I never received more then 4000 l. for his Portion which summer my then Estate might justly expect according to the strictest Rules of City Matches her Brother was then living and I had then possibility on my side from my Father and Mothers Relations greater than could be expected from hers so that 4000 l. I had and no more during her Fathers life And I am sure when she went from me the first and second time viz. in 57. and 62. she purloined and received much more from me that summe so that I conceive every small accountant may be satisfied that I have lost much but got nothing by her from first to last and if any one out of Justice to her or me shall desire to be satisfied in any of these allegations I will truely and thankfully produce the Books and Accounts for their satisfaction and my own vindication herein Secondly Next she saith That she can prove that when some did alledge to me That she had brought me a great Fortune that I never denyed it To which I Answer That it had been a weakness in me if I had nor should I have now done it but upon this occasion for that estimation of her Fortunes possibly did carry me through her Fathers and other great concerns Thirdly She saith I have put into the Account of Sir Richard Gurneys Estate several Debts which were not Sir Richards To which I Answer That I do acknowledge it but do also affirm that that they were Monies borrowed to pay Sir Richards Debts as aforesaid for we could not pay the Lady Gurney nor the Lord Richardson c. so great summes without borrowing considerable summes and so there is no injury
done thereby for it was equal whether we paid Interest to the Lady Gurney c. or to strangers only by changing hands we had some advantages in changing real securities into our personal securities Fourthly Next That her Joynture falls short of 500 l. per annum according to my Covenant and that that Estate was bought with her Portion To which I Answer and Affirm That this is only her mistake for I bought Cheston in Suffolk which is her Joynture and pay'd for it with my own Mony before Marriage but the Mannor of Winhaston which is within 2. miles of Cheston of about 300 l. per annum I bought with her Portion with some addition of my own as also a Farme of 130 l. per annum not far from Cheston but both that Farme and Winhaston being then about 400 l. per annum I sold again soon after Sir Richard Gurneys death with her consent to pay the Mony which I had taken up for my Composition and cleering of my Debts contracted in the last Kings Warrs which surely I had not done lying so commodious for me that they are Eye-sores to me every morning I look out but not to my Heart in its Loyalty if I had not a cleer prospect that Sir Richards Estate would afford me nothing or not any thing till the great Incumbrances and Debts on his Estate were first discharged So that if Cheston which is her remaining Joynture free from any praeincumbrance as she also asperseth doth fall short of her expectation as to value she may impute something to the times or may sue my Executors and not now do what she can to obstruct me in any Capacities that may make good my intentions by addition or improvement if either she or her fortunes had deserved such from my Industry The next is Her publick misrepresentation of my Fortunes and Estate and as if I denying to allow such Allimony as she thinks fit were out of a cruel and niggerly disposition and withall publisheth what great Fortunes I have acquired by the late death of my Mother and by my services to his Majestie and his blessed Father and what other great summes I have in other mens hands To which I answer That if my disposition had been cruel as she alledgeth in her Libel or niggardly it would ere this have been seen by some others as well as her self for as yet there is nothing appears but her single affirmation and my positive denyal to own such base tempers and I am sure this aspersion cannot hurt me with any who will be so kind as to enquire of my whole Life and Conversation But as to the other part of her Charge she hath done me an unspeakable injury because the Creditors to whom I am ingaged for several other persons more responsible than my self who hitherto have been patient upon these suggestions have fallen on me with great severity and therefore to undeceive and reduce them into a better temper I do really and truly declare That I never had any thing from the last King nor his present Majestie ever since 1639. when I first entered into their Military and Civil Imployments and yet I must ingeniously confess their respects have been such to me that they never denyed me what ever I asked but I must as truly say that I never injoyed what ever they granted me Next as to the advantage by my Mothers death It is quite contrary for besides the loss of so good a one I lost the benefit of above 400 l. per annum part of which being the Joynture from her second Husband she injoying it neer 50. years and I receiving the benefit of it for many years 't was lookt upon as an access when in truth it was but a decease of so much of my Fortunes and I must acknowledge to the Repute of her Memory that by her great assistance and by the Sale of all the Lands I could sell and by getting in such of my Debts as I could fairly perswade my Creditors to pay I have within Ten years last past freed my self from above 28000 l. Debts and Ingagements by which my disposition may be seen how justly I intend towards all men whether the Debts were properly mine or not and yet there are remaining ingagements and but very few of which I can properly call my own to satisfie all which I am and shall be industrious as they themselves can be and I hope there is sufficient left for Us both especially if my Debtors be as just to me as I shall endeavour to be to my Creditors Then in her Petitions to his Majestie the Parliament-House and in her Libels in the Spiritual Court she was pleased to intimate my Relations to some men of Power in the late usurping Times touching upon generals but not particulars onely Col. Fleetwood Concerning whom I return this Answer That I had some Opportunities to vindicate my self at the Councel-Board the First of Octob. 1672. being summon'd thither upon her Petition where his Majestie was present and amongst other things to that part of her Petition which she intended as a blemish to me I spake in these words to His Majesty as near as I can remember what I had writ Sir I do acknowledge I received Civilities from many who were in considerable Imployments in the time of your Exile but especially from Charles Fleetwood Esq then Lieut. General whose first Wives name was Smith and she was of Kin to me by 4. several Families viz the Lord Hoptons Sir Edmund Mundiford Sir Owen Smith and her Father Smith and from them she inherited a considerable Estate and when she lay on her Death-bed she foreseeing the probability of his marrying again and of other greater Imployments she as I was informed desired him that in his absence I might have the Inspection of his Childrens concerns by her which I accepted proposing only That he would please to settle the Estate that came by her upon them which he freely did reserving but a small pittance for himself which worthy act of his did much oblige my Care But this was not the ground of our Acquaintance for I was taken Prisoner at Laystaffe in 1642. by Cromwell and after when Bristol was surrendred to Fairfax both my self and Wife wanting Accommodations to march away we received several Civilities from him and after all this he saved both my Life as I could at large demonstrate as also my own Estate and Sir Richard Gurney's and my Lord Richardsons so that my Lady nor any else had any reason to accuse me for my Respects to him And though he was a Person not to be tempted to unfaithfulness to his Party yet there are many of the Chief Nobility of England who did and are ready to Justifie what great Civilities and Kindnesses he did in the preservation of their Persons and Estates and I could boast how instrumental by his Favours I was therein and though I had alwayes a generous kindness from him yet