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Title: Katherine Pettus, plaintiffe, Margaret Bancroft, Defendant in Chancery, an electronic edition
Author: Pettus, Katherine
Publisher: 
Place published: 
Date: 1654
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Novemb. 1. 1654.
Katherine Pettus, Plaintiffe
Margaret Bancroft, Defendant
In ChanceryThe Plaintiffe a poore Widow, oppressed in an extraordinary manner by the
power of the Defendent and her friends in this suit in Chancery, now of 23
yeares continuance, wherein the Plaintiffe sueth for an orphans portion
against the Defendent, the Widow and Excutrix of Mr. Thomas Bancroft, the
Executor that raised his whole Estate by his Executorship.The Plaintiffe through this Suit is above 2000.l. in debt, and some of her
creditors are ready to perish for want of their Moneys, is brought to sue
in forma pauperis, hath sold and pawned all the Goods and meanes shee had
any waies for her subsistence, and hath been and is forced to take up money
at Brokage after 20, 40, and 60.l. in the hundred, and hath nothing left to
live upon, but is supported upon Almes and Charity, her whole Estate, for
her self, her Fatherless children, and Creditors, being in and upon this
Suit.The Orphans portion is, by vertue of, and according to, the Orders of
Court, Cast up, and Certified by a Master of Chancery, to amount unto
6720.l. upon the first of March, 1651. (And after 6.l. per Cent. since,
commeth now unto 7795.l.); yet the Master hath taxed but 100.l. for the
Plaintiffes costs, whereas the Plaintiffe, and her late Husband the orphan
have spent in this suit, neere 2000.l. if not full so much.The said Thomas Bancroft, the Executor, above 18. yeares agoe, at his
Death, and within three weeks before his death, when this Suit had
continued above Foure yeares against him, left to the Defendent his Wife,
and their children, being onely three Daughters, whereof the two elder were
richly Married before, and hee had given them answerable Portions, a
personall Estate of above 5000.l. and a reall Estate of 300.l. a yeare
Lands of inheritance, or thereabouts; All which hee raised and bought,
after hee had possessed himself of the Testators estate, and this
Orphans-portion.The defendent Margaret Bancroft, after shee had stood out all processe of
Contempt in Chancery, and obscured her self, for almost seven yeares
together, was, by the Plaintiffes procurement, with much trouble, searching
and charges to the Plaintiffe, arrested by a Serjeant at Armes upon the
6.th day of July, 1648. and was Committed to the Fleet where after she had
been there about a yeare Imprisoned, she removed her self from thence by a
Habeas corpus unto the Prison of the Upper-Bench where she still remaineth,
obstinatly refusing to make satisfaction to the Plaintiffe; And the estate
of the said Thomas Bancroft is so fraudulently passed away, by himself and
the Defendent, since the beginning of this Suit, for the use of the
Defendent, and their Children, that the poore Plaintiffe can get no fruit
nor benefit of her Suit, though shee hath an Ordinance of Parliament of the
8th of August 1643. That shee should receive the fruit and benefit of her
Suit by the Ordinance and Authority of both Houses of Parliament.The Plaintiffe humbly representeth this short part of her Case to the
Honourable Committee, that is to bring in a Bill for the Relief of
Creditors and poore Prisoners, most humbly praying, That in the said Bill
there may bee some special provision made for such like Cases; And that the
words in the late Act for the Relief of Creditors and poore Prisoners (But
a Settlement or Graunt made by such Prisoners of their Estates, or any part
thereof, or made by any other Person for whose debt the said Prisoner is
Imprisoned of his or her Estate reall or personall, or any part thereof, to
any of their Children or Heyres apparent, upon Marriage or otherwise, after
a debt contracted, is not to be accompted a Purchase or Conveighance to bee
allowed, further than to cause restitution of the Money, which was really
payed to, and received by, such Prisoner, or other person upon such
Conveighance or Graunt) may bee put into the said Bill and like Act to bee
made; which Words will save much trouble in the proof of fraudulent Deeds,
which the leaving out thereof in the late Ordinances would have put unto;
And that there may bee, Understanding, upright, and impartiall Judges.