Part of the fleet was fitted out at the expense of the London merchants, who entered into a contract with Phineas for the construction of two pinnaces, of 120 and 80 tons respectively, subsequently named the Mercury and the Spy. It was the habit of the Master Shipwrights to exceed their instructions in building ships for the Navy; partly, perhaps, from a desire to do greater things than they were asked to do, and to outrival their colleagues, but largely because the greater the ship the greater the profit to themselves. When Pett attempted to play this trick upon the merchants (increasing one pinnace from 120 tons to 300, and the other from 80 tons to 200), 'upon some hopes of thanks and reward,' he got bitten badly, for the merchants, disdaining the precedents of the royal dockyards, insisted upon holding to their contract, and left Pett to make the best of a bad bargain. His appeal to the Council for redress was referred to the Committee of Merchants, who in their reply[145] of 2nd December 1622 pointed out that their 'chief desires and endeavours have been and ever shall be to do right unto all and (as fast as money can be gotten in) to give satisfaction where any just demands can be made unto us.' They added that 'at our last meeting Captain Pett sent his brother and son unto us, with whom we have conferred and have agreed that Captain Pett shall bring in his accompt, and if it appear that he hath not received as much or more than any way can be due unto him, either for making the two pinnaces or his entertainment, we will make present payment of the remainder, as we have formerly offered before your Lordships.'
The matter drifted on until 1624, and two further remonstrances, from the Admiralty, brought forth a reply from the merchants that they were
sorry to observe your Lordships' displeasure contained against us upon the suggestions of those whom nothing but their own demands can satisfy.... Your Lordships may please to be advertised that we contracted with him to build two pinnaces for twelve hundred and seventy pounds, and have paid to his workmen and lent to himself divers great sums of money over and above our contract and his wages,[146] by reason whereof we conceive he is more indebted to us than his wages demanded amounts unto, in a great sum of money, and also we lent him two hundred pounds upon his own bond yet unsatisfied. Notwithstanding, as formerly we have certified your Lordships, and sundry times offered to Capt. Pett, that we were ready to accompt with him that satisfaction might be given if ought were due to either party, and we are still ready to perform the same, yet because he rejects this motion and that we are desirous your Lordships may be fully satisfied of our honest intentions and proceedings and may be no further troubled herein, we are therefore emboldened to become suitors to your Lordships that the Commissioners of the Navy, or whom else your Lordships shall please to appoint, may have the examination of the account depending, and if upon their report anything be found due we will take present order for payment thereof.
Elizabeth Pett.
Apparently Pett never received the balance of the money, but his troubles did not end there. He was indebted to his brother Peter for materials for these ships to the value of 325l. While his brother lived Phineas does not seem to have troubled about repayment, although, according to Elizabeth Pett, his sister-in-law, Peter had been 'often arrested on this account,' and Phineas himself had, as he tells us, been arrested and imprisoned in 1628 at the suit of 'one Freeman,' by whom the timber seems to have been originally supplied.[147]
After Peter's death,[148] his widow endeavoured to recover the debt from Phineas, but could not enforce judgment on account of the latter's position as the King's servant. She therefore petitioned the Admiralty in January 1633 for 'leave to have the benefit of law against him.' Pett was ordered to satisfy her or show cause why the law should not take its course. Pett explained his loss on the transaction, and asserted that, 'notwithstanding this great loss and main other[149] befallen me, yet according to my poor abilities I have endeavoured to make satisfaction for the debt due to my brother,' and he promised to pay it off in instalments. Elizabeth, who had herself been 'taken in execution' for the debt, pressed for a larger amount down, because she was 'almost utterly undone through want of the said sum so long time, being the greater part of her maintenance.'
In May Phineas wrote to Nicholas protesting that he could not help defaulting in his payments because his son fell dangerously sick, and he could not get his arrears due from the Exchequer, and asserting his intention to settle the matter 'before the end of this term.' In June Nicholas told him that the course of justice could not be stayed any longer, and Pett again promised that the instalment due should be paid. In October, Pett was still in default, and he was ordered by the Admiralty to give immediate satisfaction or show cause within a week why proceedings should not be taken. He managed still to hold out, and on Sunday the 8th of December he was arrested as he was going to St. Dunstan's Church 'to hear a brother of his preach.' The officers let him go when they heard that he was the King's servant, and subsequently excused their action on the ground that Mrs. Pett's daughter had assured them that Phineas 'lay skulking in obscure places and then ... lay at a chandler's shop in Tower Street, being ... an old sea captain and ready to go to sea presently.' Upon this Pett petitioned the Admiralty, complaining that he had offered part of the debt, which was 'utterly rejected, and her implacable spirit will receive no other satisfaction but present payment of the whole debt,' and he asked the Lords to summon Mrs. Pett and her abettors before them for daring to arrest him without leave, 'so that he can go about his business without fear of arrest and that she may be enforced to accept her debt at such reasonable times as he is able to pay.' The remainder of the story is not to be found in the State Papers, but Pett tells us[150] that the matter was fought out at law, to his 'great charge,' so that presumably he was ultimately compelled to pay the money.
The Destiny
A little before the time when Elizabeth first began to press him for the payment of the debt due to her late husband, Phineas was being pursued by an anchor-smith named Tayte, who asked the Admiralty for permission to proceed against him for a debt of 250l. due on account of ironwork supplied for the construction of the Destiny, which Pett built for Sir Walter Ralegh in 1617. Phineas does not mention this in the manuscript, but as it gave rise to the interesting letter to Nicholas and petition to the Admiralty printed in the Appendix[151] it seems worthy of passing reference. On the return of Ralegh from his disastrous expedition, the Destiny was confiscated by the Crown, her name being changed to Convertive. Pett was therefore unable to recover against the ship the 700l. which was due to him, and presumably had no power to recover it from Ralegh's estate; possibly, however, this was another case in which he had exceeded the contract and had no legal remedy against the owner for the difference.