A NARRATIVE OF THE Excommunication OF Sir John Pettus of the County of Suffolk, Knight. Obtained against him by his Lady, a Roman Catholic. AND The true state of the Case between 〈◊〉 WITH His faithful Answers to several Aspersions raised against him by her, to the prepossessing the Judgements of some Honourable Persons, and Others. Printed in the Year, 1674. To the READER. THat he may make the more facile use of these following Discourses, to satisfy his Curiosity or Judgement in any part, (if his leisure will not serve him to peruse the whole) I have abstracted them under these distinct Heads. First, Concerning my Wives twice deserting me, and twice purloining my Goods from me, and placing herself in a Nunnery beyond the Seas. Secondly, Concerning my Lady's return from thence, after she had lived from me there 5. years; and 5. years before incognita, and of her proceed towards me above 5. years since her return, to Aug. 72. and of her then unjust gaining an Excommunication against me. Thirdly, Concerning my Answers to her several Scandals in her Petitions and Libels against me; viz. 1. To her pretended great Fortunes which she brought to me. 2. To my owning her Fortunes to be such. 3. To my false entry of Debts into the Accounts of Sir Richard Gurney's Estate, which were not his debts. 4. To the imperfection of her Jointure, pretended also to be bought with her money. 5. To the misrepresentations of my Fortunes and Disposition. 6. To my Compliance with several Persons in the late Usurped Times. 7. To my breach of promise to the King and Council, in not paying her 104 l. per annum. Fourthly, Concerning her next proceed against me from Aug. 72. at the Council Table, and then at Doctor's Commons, where her Excommunication of me is once more gained; and once more, viz. in June 74. caused to be published in the Church. Fifthly, And so I conclude with the public Injuries she hath done, in diverting me so many years from some Eminent Services, some of which are particularised. Concerning my Wives first Separation from me, and her first purloining of my Goods. AFter we had lived about 18 years very Sociably and contentedly through all the Accidents of those Times, She (about 15 years' last passed) went away from me (without any just cause given on my part,) but possibly she being guilty of the changing her Religion, or some other disobligations on her part, did think fit to desert me, and so continued incognita bookful 5. years of the 15. When she first went from me, it was privately and unsuspected of me, so as by her Confederacy with a Servant of her Fathers, whom I kept in Suffolk, (I being in London) he conveyed away by her directions several Horse-Loads of Goods in the Nights, of a considerable Value, which I could never Retrieve. Soon after this her first separation, I imparted my Misfortunes to Bishop Duppa (after Bishop of Winchester, and Tutor to his Majesty when Prince) with whom she had lived in her younger years, and I must ever acknowledge the great pains he took by often coming from Richmond to London to her; but at last she absented herself from him also, and then he employed other Reverend Divines to her, and writes to me thus, viz. I have sent her word that I have heard and seen many Proposals of yours to her, but I could never hear of any of hers to you, but I have desired this Religious Peacemaker Dr. T. to press her in this particular. In another thus, viz. My former Letters to your Lady being rejected, I have no other Shrine to address myself to but to God, etc. And in another (a little before his Majesty's Return) thus, viz. I dare not ask you any thing concerning your Lady, for I fear her unflexible disposition hath not yet relented, but I persuade myself that you keep the same preparation of mind to receive her, when she shall so soften her heart as to desire it. And these Personal and Literal Applications from several Worthy Divines, and from her nearest Relations, continued full 5. years, but could not batter down her obstinacy. Of her second Separation, and second purloining from me. IN 1662. my only Son (returning out of France a very accomplished and endearing Person) did work upon her to Return to me (being then a solitary Housekeeper in Westminster) to which she consented, so as I would pay her Debts amounting to 6. or 700 l. which I yielded to, so as my Jewels might be restored, which was performed on both sides; but her debts amounted to more than 800 l. which I paid, and upon her Return I presented her again with my Jewels above the value of 900 l. (however her abettors undervalue them) barely upon her and my Lord Richardson's promise that she should restore them, when ever I demanded them, (most of them being only lent me by my Mother.) But soon after my only Son fell sick (upon breaking a Vein) and I do believe his days were shortened by her demeanour towards me, after my so kind reception of her) and with that distemper and grief in his passage into Suffolk, (where desirous to be buried) he died. After I had performed his Funerals, I writ to her several Consolatory Letters, and when I thought those might have made some kind impressions, I writ some Proposals for our more contented living for the future; which Letter and Proposals she sent back to me with this only Answer writ and subscribed with her own hand, That she would consent to none of them; upon which I writ again to her, That the Lease of my house being near expired, that she might take care for some convenient house of a less rate, and furnish it with some Goods, and send the rest into Suffolk: But instead of removing part of them to another house, in the Night times she rifled the whole house, and sent away Pictures (pawned to me for a considerable sum) to one place, my Books, Goods, Rarities and other Pictures to other places, and this done so suddenly, that I had no notice till the most valuable were disposed of; and so soon as she had thus twice made those purloynings and disposed of them this second time, she went again from me, and to a Nunnery beyond Sea, without my privity, consent, or the least allowance; and she had not been there long, but a Person of quality of her Religion (yet my very good friend) acquainted me with it, and told me 'twere better for me to allow her something there, then that she should return again, and that if I would, the Pope would grant us a Divorce; I answered, That I knew no cause of Divorce on my part, and if there were, it might be done by our own Laws; but when I perceived from his discourse no likelihood of the restitution of my Goods and Jewels, I was content she should have the Rent of her Father's house in Cheapside so long as the Lease continued, which being 100 l. per annum, was duly paid her for 5. years whilst she continued in the Nunnery. Concerning her Return from the Nunnery after she had been there 5. years instructed. AFter her 5. years' continuance in the Nunnery, upon some encouragement (as I conceive) she comes over into England, and demands no less than 200 l. per annum for Alimony, yet no restitution of my Jewels or Goods to be had: But the Lease of the house in Cheapside was newly expired, and my Fortunes thus and otherwise exhausted, I declared that I could not spare such an annual Rent, nor any thing near it, and that my Fortunes being uncertain, I could not agree to any other certainty, then that what Incomes did come monthly or quarterly in, she should have such a proportion of them as should be agreed on; but this liked her not, so she Petitions to the King for Alimony, and therein boasting of her great Fortunes, his Majesty refers it to the Lord Keeper Bridgman, who reported that he could not Compose the matter. Then she attended the House of Commons door for near a month together with a most scandalous Petition, which she shown to several Members of Parliament as they passed by, not with intent to have it read in the House, but to defame and lessen my esteem there as a Member; but at last upon my importunity to some of my fellow Members, she could not refuse to deliver it into the hands of one of that House, who (notwithstanding my pressing to have it read) did not put it forward, which occasioned me to speak that in the House concerning her and her party, which made her forbear any furthar attendance that Sessions, or any reply. After that Sessions she prefers a Libel far more scandalous into the Spiritual Court, where alleging my cruel usage of her to be the Motive of her going from me, and that allegation more than 10. years after her first separation, and more than 5. after her second separation from me, and made no Proof thereof in Court, nor produced so much as one Witness to confirm it, (nor ever can) without admitting any allegation on my part, either whether Alimony were due to her or not, and that though by the Ecclesiastical Laws Goods and Jewels so taken, aught to be allowed in the Alymony, yet the Court not only denied to admit of my allegations, but denied so much as to admit that she should answer to what Goods, and to what value they were of, which were taken from me (which might have been dispatched in 2. days, if she had pleased) so as I was sentenced to pay (merely upon her false suggestions) 4 l. per week, from October 1673. (when she first put in her Libel) without hearing of any thing I had to say in my defence; upon which I appealed to the Delegates, who abated 20 s. a week of their rigour. And though in all this time I could not be personally present as I desired, to adjust my Estate and what she had taken from me (which ought to have been the ground of Alymony) in respect I was employed as Deputy Lieutenant, Colonel of a Regiment of the Traind-Band, Justice of Peace, and Deputy to the Vice Admiral, for that part of the County of Suffolk (where all the Engagements were with the Dutch; and had got so great a hurt in my Leg (of which I am not yet fully Cured) occasioned by going a Board the Duke for Orders) of all which full Notice was given the Court; yet almost at the very time of the Engagement, I alone was thought fit (right or wrong) to be Excommunicated, only by 3. Doctors, 5. being present, whereof 2. excepted against it, as not done to the meanest Seaman or Soldier upon producing of a Certificate: And accordingly it was Published in the Church, when I was also in great Employments in disposing prisoners, etc. And this is the substance of the Case between my Lady and me to August, 1672. But before I acquaint the Reader with any further Proceed in this Court, I think fit to give my Answers to most of the material Scandals, which she hath vented in her Petitions, Libels, and common Discourses. And though I have observed, that sometimes it is better to let Scandals and Libels die in their own ashes, than by defences to give them further flames by publication or exasperations; Yet having for many years groaned under the Clamours of several persons, which I find by my long silence hath done me injury, some having imputed it to a conceession (which was only either my modesty or prudence not to oppose); I am at last covinced by some of my worthy Friends of the necessity of Publishing my own Justification, which I shall do with as much cleverness and integrity as is possible for my Pen to perform. The Spring from whence all my Misfortunes herein arise is, from the Lady Eliz. Pettus, who calls herself my Wife, That she was so, whilst she lived contentedly with me about 18. years; I own, that she is so; Now is a doubt in our Laws, which I desire may be fairly decided, (she having gone from me about 16. years, since the said 18.) before I give her any other Title than my Lady; Nor would I have set Pen to Paper to satisfy the vulgar tattling Brains; but my Business having been before the King, the Councel-Table, Parliament-House, Civil and Ecclesiastical-Courts, Cities, Burroughs and Counties, wherein I have had signal Transactions as well in this, as other matters, I thought myself obliged at last, to give the Reader such a just Account of myself as by undeniable Proofs may render me (I hope) blameless, in these matters whereof I am accused, and which have occasioned the grounds of those Aspersions, which have most evidently injured me, in that clear Reputation, which I conceive nothing could have shaken, but Malice and Credulity to believe what ever she reports. Now to satisfy such persons, I shall proceed in my Answers, and I hope so convincingly, as may once more obtain their just Esteems, and free me from her unjust Aspersions. The First Aspersion (and of greatest weight to guide the Judgements of others in point of Pity and Alimony) she hath toss d about in her Petitions to the King and Council very modestly, that she brought 12000 l. Portion to me; but in her Petition pretended for the Parliament she affirms more: To the Ecclesiastical Court, 40, 30, or 20000 l. and in her common discourse 29000 l. at least. To which I answer, That if any of those were true, I should show a very ungrateful Nature not to give her a Subsistance suitable; or if it be spent, I should show much unworthiness not to acknowledge it: And to convince any, in this may seem a difficult task. But I shall thus attempt it; In short, I have regained (by good fortune) Sir Richard Gurney's Year-Book, which now I have to produce of every Years Inventory of his Estate and Debts (all writ with his own hand, and his Name subscribed to every page) (with a Prayer into bargain): The first gins 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 Sequestered, 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 Cashier (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 balance 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 undeniable Disbursements without any Addition of Charges with the Remainder being 46508 11 4 The Whole Account is balanced 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 manage an Estate so encumbered when he died, in 13. Committees, in Statutes, Judgements, Mortgages, Accounts, of great and various natures, and perplexed 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 Sequestered 4. years upon the general Account, I stood sequestered one year and a half more to preserve the Lord Richardson (joint Executor with me in right of his Lady) from the moiety 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 moiety: 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 Money, by Seizures, and Rents. Which made the Lord Richardson then so sensible of my cane and trouble, and charge, that by the advice of Sir Thomas Bedingfeild, 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 Richard's 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 mind, 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 myself in the advantages of it, although I might Legally have done it, as well for my recompense as for my reimbursement of very considerable sums 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 Clearly 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 than 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 Mother's Relations, greater than could be expected from hers; so that 4000 l. I had, and no more during her Father's 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 sum; 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 truly 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 allege to me, That she had brought me a great Fortune, that I never denied 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 Richard's Debts as aforesaid, for we could not pay the Lady Gurney, nor the Lord Richardson, etc. so great sums without borrowing considerable sums, and so there is no injury done thereby, for it was equal whether we paid Interest to the Lady Gurney, etc. or to strangers, only by changing hands we had some advantages, in changing real securities into our personal securities Fourthly, Next, That her Jointure 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 Jointure) and paid for it with my own Money before Marriage, but the Manor 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 Farm of 130 l. per annum not far from Cheston (but both that Farm and Winhaston being then about 400 l. per annum) I sold again soon after Sir Richard Gurneys death with her consent, to pay the Money which I had taken up for my Composition, and clearing of my Debts contracted in the last King's Wars; which surely I had not done (lying so commodious for me, that they are Eyesores to me every morning I look out, but not to my Heart in its Loyalty) if I had not a clear prospect that Sir Richard's Estate would afford me nothing, or not any thing till the great Encumbrances and Debts on his Estate were first discharged; So that if Cheston which is her remaining Jointure (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 public misrepresentation of my Fortunes and Estate, and as if I denying to allow such alimony as she thinks fit, were out of a cruel and niggerly disposition, and withal publisheth, what great Fortunes I have acquired by the late death of my Mother; and by my services to his Majesty and his blessed Father; and what other great sums I have in other men's hands. To which I answer, That if my disposition had been cruel as she allegeth in her Libel, or niggardly, it would ere this have been seen by some others, as well as herself, for as yet there is nothing appears but her single affirmation, and my positive denial to own such base tempers; and I am sure this aspersion cannot hurt me with any who will be so kind as to inquire 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 engaged for several other persons (more responsible than myself) who hitherto have been patiented) 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 Majesty ever since 1639. when I first entered into their Military and Civil Employments; and yet I must ingeniously confess, their respects have been such to me, that they never denied me what ever I asked, but I must as truly say, that I never enjoyed what ever they granted me. Next as to the advantage by my Mother's 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 Jointure from her second Husband, she enjoying it near 50. years, and I receiving the benefit of it for many years, 'twas looked 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 persuade my Creditors to pay, I have within Ten years' last passed freed myself from above 28000 l. Debts and Engagements, by which my disposition may be seen, how justly I intent towards all men, whether the Debts were properly mine or not, and yet there are remaining engagements, and but very few of which I can properly call my own, to satisfy 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 Majesty, 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, only Col. Fleetwood. Concerning whom, I return this Answer, That I had some Opportunities to vindicate myself at the Councel-Board the First of Octob. 1672. (being summoned thither upon her Petition) where his Majesty was present) and amongst other things, to that part of her Petition which she intended as a blemish to me, I spoke 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 Employments 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 Deathbed, she foreseeing the probability of his marrying again, and of other greater Employments, she (as I was informed) desired him, that in his absence I might have the Inspection of his children's 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 surrendered to Fairfax, both myself 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 richardson's, 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 Justify 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 always a generous kindness from him, yet I never accepted of Place, Office or Employment, or any advantage more than my own preservation by him and by his Kindness, (which I esteemed greatest of all) I was preserved from the pressures of Oaths or Renunciations, and by his assistance I did Courtesies to many, never any injury to any; and though in the highest of his power my Lady did run from me, yet I never made use of into reduce her, or revenge myself on those who perverted, and inveigled her from me; though tempted to it. And that I may stand right in your Majesty's Esteem, and free others of the least doubt of my Fidelity, I freely offer, That if she or any else have any matter to charge me with, I desire they may proceed in the charge, and I do protest, that although her Scandalous Petitions here and else where are contrary to, and thereby an affront to your Majesty's Act of Oblivion, granted soon after your Return, yet in this case I will decline it, or any Privileges I have by being a Member of Parliament, and stand wholly upon the Justification of my Integrity, and being well assured in myself that my Principles would not suffer me to be ensnared into any act or pretence of Disloyalty, (more than a quiet submission to the present Power over me) and I wish all men would as I do, discover their Principles, and you would be more safe in your Subjects. Sir, I do without wavering own myself a true Protestant and Professor of the Doctrine and Discipline of the Church of England, being the best Reformed Church in Europe in its Foundations, though it may be not at this time in its Practice. Doctor Hammond was my Tutor as to the Doctrinal part; Admired Hooker to the Discipline, and I doubt not but I shall always adhere to the Principles of being dutiful both to God and the King; and though Coll. Fleetwood and I did not agree to all the Fundamentals of this Church, yet no man can persuade me from my gratitude towards him, for I do own (as I said) the former part of my Life and Fortunes to him; and what I can do with safety to your Crown, to preserve him, I shall do it: And I hope my Reasons being thus grounded and known, it will give no offence to your Majesty or any else. And I have this Satisfaction in myself, that your Majesty would not have committed so many weighty Trusts to me, if you had the least doubt of me; and therefore setting aside these groundless tattles of my Ladies, I shall go on in my Continued Obedience to your Commands, and Care of your Majesty's Affairs, without regard to this undeserved Aspersion. She accuseth me of breach of Promise to the King and Counsel, In not paying her 104 l. per annum. This hath made a great noise about the Court, where I would gladly preserve my just Interest, and therefore I shall be the clearer in my Answer, That after she had got the Excommunication in 72. as aforesaid, lest she should (as I suppose) offend his Majesty in further proceeding, it being gained as a Contempt to his Majesty's Prerogative, by the Act of Edw 2. cap. 9 she Petitions the King and Council to confirm the same; so I attended the Board 31. of Octob. 72. where I represented the Proceed of the Spiritual Court, and prayed it might be honourably discharged; that my Goods and Jewels might be restored, and her Scandalous Petitions and Libels taken off their Files, etc. But the Board (being kinder than the Spiritual Court) insisted to have me pay 40 s. per Week: But I acquainted them with the present condition of my Real Estate, out of which nothing could be paid to her; But gave in a Particular in writing of the several great Debts owing to me, and by whom, and told the Reasons why I could not get them in without her and other assistances; and out of that personal Estate I was contented to allow any Weekly sum they should think fit. This with other Discourses to the Board, occasioned one of them (my Honoured Friend) to rise from his Seat, and came and advised me not to Capitulate with his Majesty (who was then present); which advice being from a Friend, I could not but apprehend, but his Majesty would some way or other assist me (though he thought it not proper to declare it publicly); So I did yield to pay her 40 s. per Week, and did pay her accordingly for 25. weeks. But finding that she would not concur with me in any thing, to get in her Father's Debts or others, and that no consideration was taken of my Reputation, or Encouragements, and the Points about Alimony still lying undecided, I did stop my hand from paying any more to her. Since which I was again summoned to the Board, viz. in Apr. 74. where I did attend, and she also present, and the Board not taking upon them any compulsive power, but finding that I was not altered from my resolutions, they dismissed us both. Since which an honoured Lord interceded for her, to whom I gave in writing several Proposals on my part and hers, which his Lordship thought reasonable; and upon her refusal hath not any further interceded for her, and for brevity sake, I shall only recite what she was therein to perform, being but the substance of part of what I did, and do still insist on, as both just and reasonable. 1. That she should make a Submiss Petition to the King and Council, That the Excommunication may be honourably discharged, (it being contrived at a time when I was in immediate Commands to His Majesty) and that she also desire that her Scandalous Petitions to the Board, and Orders thereupon, may be honourably vacated; and that by order of the Board, the Scandalous Libels in the Spiritual Court may be also taken off their Files. 2. That she give in writing where and to whom her Jewels were pawned or sold, and for what sums, and what remains. 3. What Pictures, Books or other Rarities were delivered to E. M. C. F. M. S. M. C. all persons which I know, but think not fit to nominate them at present; or what of the like nature to any other persons unknown to me. Notwithstanding which fair and just Proposals both for her and myself, so soon as I was once more fixed to the Affairs of the Country, she again revives the Excommunication, and in June last caused it to be published once more in the Church. And now what I did lately, and intended to do for his Majesty, the Kingdom and Country, I shall briefly declare. My House is within 6. miles of Dunwich and Sowthold Bay, where the great Transactions between us and the Dutch in 72. and 73. gave Trouble enough to those who were in Employments, and having mentioned mine before, I shall only say, That I hope his Majesty and the Country are well satisfied of my demeanour therein, and I am sure I have had the thanks from some of the Chief Officers of Prince Rupert's Dragoons, the Earl of Oxford's Horse, and many of Scombergs Army, for composing many differences, which might otherwise have risen between them in the Country: and I dare be confident, that the other Deputy Lieutenants appointed for that Division being diverted by sickness or other Justifiable Accidents, will testify my Care in supplying of theirs when they could not possibly attend; And all these without any return or recompense to my great Trouble, Charges and diversions from my private Concerns, from his Majesty, the Country, or any else. So soon as those two years were over, I betook myself to the review of our Laws for the Militia, so as by some additional Act, it might be put into a better posture, with more safety to the King and Country, and less fear on either side. I had also digested all the Laws for Highways. intending to reduce them into one, with an additional Method which might be more applicable to each County, than any general Law can be. I did also give in a Proposal to the Lords Commissioners of the Admiralty in May last, for the mending a Lane called Christmas Lane, and the Haven at Dunwich and Sowthold, very beneficial to the County, without any Charge to the King, or Imposition on the County: But being diverted by this Lady, so many years together, It hath been as great a perplexity to my thoughts (that I could not pursue them to maturity) as the many fomented Vexations from her and others. The Conclusion. HAving stated her proceed towards me, (there being many more which for brevity sake I omit) and the Encouragements which she hath received from others, (grounded I presume upon her many false Accusations. which I have truly, really and as succinctly as I can answered) as also shown the public Injuries which she hath done thereby; I do affirm as a Conclusion, That I never yet refused Cohabitation, so as it may be safe to my Person, and my remaining Estate, and a mutual contentment in our future Conversations. But that being thought difficult, I also affirm, That I never denied alimony, but I think fit (as useful to other Families, and consequently to the Nation) to be resolved, whether in respect of her long absent: and refidence beyond the Seas, in places Prohibited, she be capable of Alimony. Then if she be, Whether my Goods and Jewels ought not to be proportioned in the allowance, or restored: If not, than the the Condition of her Forumes, or mine, are to be considered (wherein I think myself a more Competent Judge, then what can be Collected by any Judges barely and merely from her Suggestions, and shall endeavour to put a better certainty upon it, than they with Justice can impose upon me Nor do I think it prudent to move further, till some public Submission and publication by some Order of Council or otherwise be obtained for the Vindication of her Ungrateful and Scandalous Aspersions on me, which I presumel are been the ground of the Excominunication, intrencoing (as I humbly conative) on his Majesty's Honour, and I am sure on my Reputation, which I ever valued as my Life. FINIS.