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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A35617 The Case of John Coombes, Valentine Houseman, and Edward Pearce 1676 (1676) Wing C927; ESTC R40309 1,488 1

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THE CASE OF John Coombes Valentine Houseman and Edward Pearce THE Duke of Buckingham having settled his Estate on Doctor Thomas Spratt now Lord Bishop of Rochester Sir Robert Clayton and John Wildman Esquire In Trust for payment of 5000 l. per Annum to the Duke himself and for payment of his Debts in a Schedule to the Deeds of trust annexed and such other Debts as the Duke should appoint And the surplus for the said Duke And the said Duke being minded to build a House at Clifden and that the Workmen should be paid out of his said Trusted Estate by a Deed poll dated the 24th of August 1676. declared and appointed That the Trustees out of Money to be raised out of the said Trusted Estate by Sale or otherwise should be saved harmless and reimburse themselves such Moneys as they should pay or be engaged to pay for the said Duke though the same should cross the former Trusts or upon what Account soever it should be And the said Duke by the said John Wildman his Trustee and Agent proposed to the said Workmen That if they would do the Plaisterers Joyners and Carvers Works in the said Building they should be paid out of the said Trusted Estate And accordingly the 17th of March 1676. the said Duke in the said Work-mens presence wrote and signed a Paper Writing directed to the said John Wildman one of his Trustees whereby he appointed him to pay the said Workmen which was done to the intent that the said John Wildman should be authorized to pay the said Workmen out of the said Trusted Estate And the said Duke declared That his whole Trusted Estate should be lyable to make Satisfaction for what the said Mr. Wildman should pay or be engaged to pay to the said Workmen Without which the said Workmen would not have done the said Works And the said Duke appointed Surveyors to survey and value the said Works and appointed the said John Wildman to pay such Bills as should be Signed by his said Surveyors And the said John Wildman in Pursuance of the said Duke 's said Declaration and Appointment imployed the said Workmen to do the said Works and promised to pay them for the same And the several Works done by the said Workmen were viewed surveyed and approved and the Prizes thereof ascertained by the said Duke's Surveyors who signed the said Workmens Bills and the same were from time to time entered in a Book kept by the said John Wildman by the said Duke's direction for that purpose and the Book signed by the said Duke's Surveyors to the intent That the said John Wildman might with more safety and certainty pay the said Monies And the said Duke's Agents in pursuance of the said Duke 's said Declaration and Order met the said Workmen at the said John Wildman's House in his presence and proposed and promised to the said Workmen several Mannors and Lands to be sold for payment of the Monies due to the said Workmen or to be conveyed to them for their satisfaction And the said Workmen not being able to obtain their Monies and being much straightned for want thereof exhibited their Bill in Chancery against the said Duke and his Trustees to recover their Monies out of the said Trusted Estate And at the hearing of the Cause in Chancery the several Matters aforesaid appearing to the Court by the Proofs in the Cause the Court of Chancery was fully satisfied That by the Matters aforesaid the said Trusted Estate was lyable in Equity to the payment of the Monies due to the said Workmen and Decreed That the said Trustees out of the said Trusted Estate should pay the same and the Interest thereof from the time of the filing the Bill in Chancery and should sell part of the said Trusted Estate for that purpose There being due to Coombes 969 l. 16 s. 8 d. for Plaisterers Work and to Houseman 1534 l. 12 s. 3 d. for Joyners Work and to Pearce 587 l. 5 s. 9 d. for Carvers Work The said Duke hath appealed from the said Decree to the Lords in Parliament to have the said Decree reversed and thereby to obstruct the said Workmen in receiving their said Monies which have been due to them above six Years