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A90626 Concerning moneys deposited in the chamber of London by Sir Richard Gurney, Kt. & Bar., late Lord Mayor of the city of London, and since his death, due to Sir John Pettus of the county of Suffolk, Knight. 1680 (1680) Wing P1904A; ESTC R181743 4,632 11

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CONCERNING MONEYS DEPOSITED In the Chamber of London BY S ir Richard Gurney Kt. Bar. LATE Lord Mayor OF THE City of London And since his Death due to Sir JOHN PETTUS of the County of Suffolk Knight LONDON Printed for the Author in the Year 1680. The Proceedings concerning the 500 l. deposited in the Chamber of London by Sir Richard Gurney Anno 1641. SIr Richard Gurney then Lord Mayor 13 Decem. 1641. deposited 500 l. in the Chamber of London which according to the words in the receipt for it by order of the Court of Aldermen is to remain in the Chamber of London until Security be given for the repayment thereof to the liking of the Court of Aldermen together with such costs and dammages for the same after the Rate of 8 l. per Cent. for a year from the time that the same is advanced until it shall be repaid and this is subscribed by Bateman then Chamberlin of the City The then House of Commons being displeased at some of Sir Richard Gurneys proceedings 15 July 1642. manifesting his Loyalty to the King and Fidelity in supporting the Rights of the City carried up an Impeachment against him to the Lords house for which he was this same day sent to the Tower of London and upon several hearings at the Lords Bar both before his Commitment and during his Tryal cost him above 1000 l. He was sentenced by the Lords 12 August 1642. amongst other severities to continue a Prisoner in the Tower during their Lordships pleasure He was Plundered of all his Plate 20 August 1642. Goods c. to the value of 4000 l. besides the loss of Offices then in his guift disposed of to Pennington of as great a value He borrowed 500 l. of Mr. William Chamberlaine and Mr. Pettit upon the Security and Assignment to them of the said 500 l. deposited in the Chamber of London 10 Septem 1642. He being in the Tower 3 Decemb. 1642. was Assest 1000 l. for his Twenty fifth part which he not paying his Estate was Sequestred by order of Haberdashers-Hall in Feb. following and so continued till November 1647. Besides his Imprisonment 19 April 1644. and the 1000 l. assessed by Haberdashers-Hall the Committee of Goldsmiths-Hall issued out Warrants to several Counties to restrain his Rents upon pretence of 5000 l. also assest on him by the House of Commons Sir Richard Gurney Petitioning to the Commons they sent Mr. Ash to him to know whether he would pay the 5000 l. and he should be freed of Imprisonment and Sequestration Sir Richard paid the 1000 l. to Haberdashers-Hall 15 April 1645. and had orders for discharging his Sequestration Mr. Ash reports to the Commons 2 March 1645. that Sir Richard Gurney obstinately refused to pay the said 5000 l. whereupon The Commons ordered the levying it upon his Estate 4 March 1645. The power of Haberdashers-Hall and Goldsmiths-Hall as to freeing his Estate of Sequestration held in debate till April 1647. before he could get free of Sequestration Apr. 1647. Sir Richard Gurney died a Prisoner of the Tower of London 3 October 1647. His Executors Thomas Lord Richardson Nov. 1647. 1647. 1648. 1649. and Sir John Pettus Knight in right of their Wives Coheirs to Sir Richard Gurney proved his Will and by vertue thereof and Deeds of Settlement made in June 1641 his Trustees and Executors were so Industrious that before the end of the year 1649 they sold and disposed of all his real Estate and with the money paid great debts which Sir Richard owed before and had contracted during his more than five years Imprisonment and thereby they thought to have enjoyed the Personal Estate in quiet so as they did not think it safe or prudent to stir in this 500 l. or any other of his personal Estate as conceiving the personal Securities were not so visible as the real Estate The Executors divided the Personal Estate under Hand and Seal 24 Decem. 1650. whereby this 500 l. and the Interest fell to Sir John Pettus his share and upon the Accompt thereof did pay several considerable debts the other assign'd debts proving of little benefit to him But the Executors having as yet no discharge of the said 5000 l. although there was a Cessation did not think fit to stir in this and according to their fears so it happened For The Commons did order the Commissioners of Goldsmiths-Hall 3 Novemb. 1652. forthwith to levy the same for the use of the Admiralty Thereupon the Commissioners ordered the Executors to pay it within seven days 4 Novemb. 1652. or they would proceed to levy it and notwithstanding all their applications 25 January 1652. Letters were sent from those Commissioners into every County where Sir Richard had any real or personal Estate to Sequester it sold or unsold accordingly every particular purchasor of his real Estate in and about London were summoned viz. Sir John Frederick c. to the value of 10000 l. and they did appear but the Executors seeing after a long defence for themselves that the Committee was resolved to levy it upon the Purchasors and the Executors being sensible that the Purchasors had purchased the Lands without any Covenant from the Executors against any Act of Sir Richards the Executors were so just that they in discharge of the Purchasors freely offered that they would pay the 5000 l. rather than the Purchasors should suffer and not only so but paid their charges and gave them a good Dinner besides of which generous dealing the Commissioners were so sensible that they allowed to the Executors some further time of Appeal to the House of Commons but the time being elapsed and the Commissioners pressing for the mony one of the Executors viz. the Lord Richardson gave Bond for the payment of 2500 l. but Sir John Pettus the other Executor proffering his Interest for the satisfaction of the other 2500 l. the Commissioners refused whereupon he suffered himself to be Sequestred about two years before he could get his discharge whilst the Executors were thus transacting about his real and personal Estate several of the Debtors to Sir Richard Gurney did apply themselves to the Executors offering that if the Executors would make such abatements as they proposed they would pay the Executors if not they would discover the same to the Commissioners so that the Executors did abate at least 3000 l. rather than have their debts discovered Amongst the rest of the Discoverers April 53. two Aldermen whereof one is now living informed the Commissioners of this 500 l. in the Chamber of London due to Sir Richard whereupon orders were issued to the Chamber to pay in the money which the Court was ready to obey but the aforesaid Assignment to Mr. William Chamberlaine and Mr. Pettit being not cancelled it was produced and proved without taking notice of the Reassignment of it to Sir Richard Gurneys Executors
and was allowed so there was no further proceedings on that Discovery By this time Cromwell took upon him to be Protector Decem. 54. whereupon the Executors by Petition complaining of the Injustice of the House of Commons in punishing a man so often for one offence or without hearing the Executors Case though it stood committed gained a reference to his Councel when the injustice and unusual proceedings were made so clear that the Lord Richardson was discharged of his Security given to Goldsmiths-Hall Jan. 1654. 1655. 1656. and Sir John Pettus of his Sequestration with an order of restitution of what had been taken from him yet he lost above 600 l. on that accompt nor was there a clear effect of the order of discharging the 5000 l. till the year 1657. These three years were years of great commotion in the City c. so as there was no stirring there 1657. 1658. 1659. in matters which concerned money The Executors were advised though the 500 l. debt was transferred to Sir John Pettus to Petition to the Lord Major In 1660. 1661. c. in all their Names and had some Proceedings upon it This Debt was lookt upon to be so good 20 Novem. 1662. that Mr. Charles Eucrard Goldsmith of London who about that time fined for Alderman takes the Assignment of it as a good Security for above 600 l. which the said Sir John did after Repay so as little was done more in getting in the money till 1663. And then the Executors upon a new Petition 2 June 1663. gains a Reference to a Committee of Aldermen and a Report from them to the Court of Aldermen to this effect 20 June 1663. viz. That they found the money to be paid by Sir Richard Gurney but not repaid to him but in respect the money was issued out of the Chamber as was pretended they conceived it could not be levyed without a Common Councel Upon which the Executors prepared a Petition to the Major and Common-councel 1664. but being delayed His Majesty well knowing the great Sufferings of Sir Richard Gurney 16 June 1665. by his Loyalty and Fidelity to the City writ a Letter to the Lord Major Court of Aldermen and Common-Councel recommending the Case to them but the Common-Councel not sitting and the Plague encreasing nothing was done more in that year Before the Executors could bring the matters to any Resolution the Plague destroyed the Citizens and in 1666 1666. the Fire consumed the City wherein Sir John had an house let for 100 l. per Annum and more worth burnt and in 1667 1667. the Dutch gave a trouble to the whole Kingdom for all which Reasons Sir Johns Counsel and Friends advised him not to stir in it till the City was in a better condition to pay him The Executors applied themselves fresh again to the Court of Aldermen but soon after 1670 1671 1672 1673 viz. in 1672 and 1673 Sir John being the only Prosecutor of it was imployed in Suffolk about the Dutch Wars on that Coast Those being ended the Executors applied themselves again to the Court of Aldermen 1674 1675 1676 and then some scruples were raised concerning the nature of the Debt which occasioned Sir John Pettus to be at great expences and trouble in searching the Books in the House of Lords and House of Commons the Court not permitting Sir John to have the view of the Chamberlines books as formerly he had At last Sir John being then the sole Petitioner found that some of the Aldermen did favour his Lady who had lived about Twenty years from him and was turned Roman Catholick and had endeavour'd to make a stop of any money to be paid to Sir John Whereupon Sir John prest to know the resolution of the Court whether they would pay it or not 1677 that the might take some other legal course to which two of the Aldermen replyed that if Sir John did go to Law for it the Excommunication which his Lady had against him should be pleaded Upon which Answer 1678 Sir John gave over solicitation But now his Lady being Dead and the Excommunication discharged under the Seal of the Spiritual Court and publisht in Form so as the whole Interest being in Sir John he now Petitions singly and desires their Resolution Being able to prove 1. That the 500 l. was Deposited 2. That most if not all others who deposited money upon the same occasion are repaid 3. That Sir Richard was not repaid in his life time 4. That is was engaged by Sir Richard and Redeemed by his Executors 5. That it was afterwards purchased upon very valuable considerations by Sir John Pettus of the other Executors 6. That is was engaged by him for a good sum to one that fin'd for Alderman 7. That it had not been prudent or safe for Sir Richard in his life time nor for his Executors for twelve years after Sir Richards Death to press for it 8. That three years after his Death it was acknowledged by some Aldermen by way of Discovery to be in the Chamber as money justly due to his Executors and so claim'd by Goldsmith-Hall Commissioners 9. That for Fifteen years after that discovery it was acknowledg'd a just Debt by the Court of Aldermen but the manner how it should be raised and paid was the only question 10. Sir John Pettus did coolly Prosecute the payment of it ever after because Sir John did perceive that his Lady had made an Interest in some Aldermen to stop it unless she might have better conditions than he thought fit to allow considering what he had paid for it and what trouble and charge he had been at concerning it 11. That she is now Dead and the right to the said 500 l. and Interest according to contract is solely due to him 12. That it is a Trust in the Court and ought to be performed with as much Sanctity and Integrity as any money due to Orphans Especially Considering That Sir John Pettus can make it appear that Sir Richard was lessened in his Estate by his Imprisonment Plunders and Sequestration c. meerly for his Loyalty to the King and fidelity to the City full 28600 l. of which Sir Johns share as Executor would have been above 14300 l. and therefore in Justice he ought to be paid this 500 l. with Interest which in June last past amounted to 2160 l. or in Equity a greater sum for his Relative Sufferings FINIS