Humbly complaining sheweth unto your Lordship your daily Orator Jeremiah Spitty of Prittlewell in the County of Essex yeoman that whereas one Richard Spitty late of Fambridge in the said County of Essex yeoman your Orators father the seventh day of February in the year of our Lord one thousand six hundred and fifty six the said Richard Spitty made his last Will and Testament in writing and amongst other legacies and bequests did give unto your Orator Jeremiah Spitty

the full sum of four score pounds of lawful money of England to be paid unto your Orator when he should accomplish the age of one and twenty years and also the said Richard Spitty in and by the said Will did give and bequest unto your Orator two heifers or seven pounds of lawful money of England at your Orators own choice and also two silver spoons or six and twenty shillings and eight pence at your Orators choice and also the said Richard Spitty did give and bequeath unto your Orator the bed wherein your Orator then did lie (being the best the said Richard Spitty had but one) withal which did belong to the said bed (that is to say) one bolster, two pillows, a covering, a blanket, and two pair of sheets, And the said Richard Spitty did further declare by the said Will that your Orator should have the use of the said four score pounds with the rent of your Orators own lands for to maintain your Orator (if the said Richard Spitty should die before your Orator should accomplish his said age of one and twenty years) And of his last Will made his son Ambrose Spitty of Rettendon in the said County of Essex yeoman sole executor

And shortly after the said Richard Spitty died, after whose death the said Ambrose Spitty proved the said Will in due form of Law as your Orator is informed and took upon him the burden and execution thereof and possessed himself of the personal estate which the said Richard Spitty died possessed of to a far greater value than would pay his debts funeral charges and legacies with a great overplus, and hath so confessed to your Orator and others and hath often in private promised your said Orator that if your Orator would have some little patience to forbear the same legacies he the said Ambrose Spitty would pay and satisfy your Orator the same but now so it is may it please your good Lordship that notwithstanding your Orator hath by himself and by his friends much solicited the said Ambrose Spitty in a fair and friendly manner to pay satisfy and deliver unto your Orator the legacies aforesaid and that your Orator had made choice of seven pounds in lieu of the two heifers in the Will named and six and twenty shillings and eight pence in lieu of the two silver spoons in the Will named and of such his choice hath given notice to the said Ambrose Spitty, Yet the said Ambrose Spitty contriving how to defeat your Orator of his said legacies so given him by the said Richard Spitty as aforesaid And which the said Ambrose Spitty hath long since possessed himself of, doth deny and refuse to pay satisfy and deliver the same sometimes pretending that he hath not received the said legacies or any part thereof, nor hath assets in his hands to pay the same, and that there is nothing due unto your Orator And at other times pretending that he cannot find estate sufficient to discharge the just debts of the said Richard Spitty whereas in truth there were no debts, or if any, very inconsiderable And he hath assets enough to satisfy the said legacies all debts being paid, And at other times pretending that he cannot receive several just debts and sums of money that were due and owing to the said Richard Spitty, whereas in truth he doth willfully neglect the same, and will not look after or sue for the same, or take any other remedy to recover the same purposing thereby to defraud your Orator of his just due

Now for as much that your Orators witnesses that could prove that the said Richard Spitty died possessed of a good personal estate sufficient to pay his debts and legacies with a great overplus And that the said Ambrose Spitty’s promises to pay satisfy and deliver your Orators legacies aforesaid are either dead or in place unknown to your Orator, And that your Orator hath no way or means to be relieved by the Common Laws of the Kingdom concerning the same but by your Lordships aid in this honourable Court, nor can otherwise compel him to set forth a true Inventory of the said Richard Spitty’s estate whereof he died possessed, and what is come to his hands, whereby your Orator may be paid and satisfied the aforesaid legacies but on his oath in this honourable Court

To the end therefore that the said Ambrose Spitty may true answer make to all and singular the promises And may be compelled upon his corporal oath to this Bill, to set forth whether your Orator’s father the said Richard Spitty made not such a Will? And gave to your Orator such legacies as aforesaid And whether he the said Ambrose Spitty be not sole executor thereof and proved the same and possessed himself of the personal estate of the said Richard Spitty And what personal estate the said Richard Spitty died possessed of? and what part thereof came to his hands and what debts the said Richard Spitty owed at the time of his death and to whom And how many of the said debts he hath paid? and to whom? and how much to every creditor in lieu of their whole debts And what debts were owing to the said Richard Spitty at the time of his death? and how many of them he hath, or without his ?? fault he might have received and what is the cause he hath not received them all? and whether he hath paid satisfied and delivered your Orator his said legacies , or any part thereof, and what there is behind and paid satisfied or delivered to your Orator And shoe reason (if he can) why he doth refuse to pay satisfy and deliver the said legacies , And that your Orator may be relieved in all and singular the promises according to right equity and good conscience

May it please your Lordship to grant to your said Orator process of subpoena to be directed unto the said Ambrose Spitty thereby commanding him at a certain day and under a certain pain therein to be limited, personally to appear before your Lordship in this high and honourable Court of Chancery to answer the promises, and further to stand unto and abide such order directed and award concerning the same As unto your Lordship shall seem meet, and your Orator shall daily pray for the long continuance of your Lordships prosperous estate.

Acknowledgement to the National Arhives.
National Archives Ref - C9/411/19.

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