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 Approx. 17 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2). A90626 Wing P1904A ESTC R181743 45504502 ocm 45504502 171818

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 Early English books online. (EEBO-TCP ; phase 2, no. A90626) Transcribed from: (Early English Books Online ; image set 171818) Images scanned from microfilm: (Early English books, 1641-1700 ; 2593:7) 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. [2], 9 p. Printed for the author, London : in the year 1680. Reproduction of original in: Sutro Library.

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 eng Gurney, Richard, -- Sir, 1577-1647 -- Estate. Pettus, John, -- Sir, 1613-1690. Claims against decedents' estates -- England -- London -- Early works to 1800. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2009-08 Assigned for keying and markup 2009-09 Keyed and coded from ProQuest page images 2010-01 Sampled and proofread 2010-01 Text and markup reviewed and edited 2010-04 Batch review (QC) and XML conversion

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.

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.