Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	act_n	pay_v	say_a	1,402	5	6.9915	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A81259	The case of John Cresset, Gent. truly stated, and humbly presented to the consideration of Parliament.	Cresset, John.	1679 (1679)	Wing C848bA; ESTC R175655	28,594	16

in my Name I do hereby assure you he never consulted me in the Case nor had any direction from me therein as I am ready to make Oath wherefore I do utterly protest against it And as to my Receipts of all or any part of Bodvell's Estate I do profess I never did it to pay Funeral Charges Note this 5000 l. was assigned to Cresset on the 10. of Mar. 1663. nor upon any such like trick but having by Mr. Bodvell's deed of Settlement in Marriage a Title to 5000 l. portion I thought my self legally entituled to receive the Rents even before the pretended Will was set aside and since the Act of Parliament mentions that 5000 l. I continued the same and hope that no Court of Equity will ever make me an Accomptant to the Trustees since I had a legal interest to such a summ as will clear me upon the ballance of my Receipts with what was my due As to any Defalcations I demand not one penny for I received many Debts due to Mr. Bodvell and Arrears of Rent Mrs. Vermuyden had 600 l. per Annum and yet Mr. Roberts to lessen Cresset's Receipts would charge himself with the Receipt of all the Estate and therefore charge my self with the Receipt of the whole Estate in possession ever since the Act of Parliament passed being three years this Christmas I here send you Mr. Cresset's Defeazance of which I must give you thus the History My Wife and I sealed an Assignment of the Portion to satisfie him for 2400 l. then laid out I signed several times as he laid out but my Wife signed only the first time Then at Oxford when the Parliament sate I gave him a Judgment as farther security whereof this is the Defeazance and methinks thereby he can claim but 3000 l. for though it be said that to acquit my self from the 6000 l. I must not only pay 3000 l. but perform certain Articles and Covenants relating to the Deed therein mentioned Note It is 3400 l. yet I do suppose he concluded himself thereby to have only remedy upon the Judgment in case such Covenants are not performed and therefore Bodvell's Estate not liable at all to pay it or but the remainder of the Portion in my hands which accounting my Receipts as aforesaid cannot be more than 3000 l. I think I am your affectionate friend R. ROBERTS Sir Walter Littleton made the aforesaid Report and it was ordered to be confirmed unless Cause All Defendants served with that Order The Report upon hearing of Councel of both sides was confirmed and afterwards signed and enrolled Lord Roberts petitioned the Lord Keeper for a Bill of Review upon the same point concerning Interest which had been determined upon five hearings as aforesaid this contrary to the course of the Court was granted but from the sixth of March to the eighth of June following being three Months the order never drawn up or entred nor proceeded upon till When Cressets Money was neer the time of being paid to wit the first of July 1670 then a Bill of Review was exhibited and the only Errors assigned were First That Interest for 4000 l. was decreed and payment of Interest is not warranted by the Act. Secondly That the Act saith The 5000 l. in question should be paid after the Debt and Funeral Charges of Bodvell were paid and they appeared not to be paid so the 5000 l. not due Cresset put in his Plea and Demurer as followeth Demurred for that there was no error in Law in the body of the Decree whereupon a Bill of Review could be brought to ground a Reversal thereof Nor was there error so much as in fact or judgment in the body of the said Decree for that it might have stood with the Justice of the Court to have decreed Interest for the whole 5000 l. and not for 4000 l. only and that from the time the same was payable to Sarah Roberts and not from the time of the Act of Parliament only inasmuch as the said 5000 l. was not a Duty created by the Act of Parliament but directed by the said Act to be payed according to the Deed of 20 Febr. 1639 which made it a Debt payable when the said Sarah attained the age of 21 years or day of Marriage both which happened before Bodvell died And howbeit by the Act it was made payable to Sarah Roberts and that after Debts and Funerals paid yet that did not alter the said Cresset's title to the same nor ought it to hinder him from receiving the same before the payment of the Debts and Funerals for that in the Act there is a saving of all mens Rights and Interest either in Law or Equity and the said 5000 l. was Assigned to the said Cresset long before the said Act of Parliament and was the first debt upon the Estate And it was further pleaded that without paying Interest it was impossible to perform the Act of Parliament which enacts 5000 l. to be payed The Act was passed four years before that time the Interest came to 1200 l. besides all costs and charges in the recovering the same so that to pay 5000 l. then was not to pay above 3300 l. and the Trustees might delay payment till the whole Principal should be drown'd and the said Cresset only receive the Interest of his Money And that the Debts and Funerals were not paid ought not to hinder Payment of Cresset's 5000 l. for that the Trustees were intrusted to pay both them and the 5000 l. and by their own showing there is Estate enough so to do and the not paying them is latches in themselves whereof they ought to have no benefit Nor ought the Bill of Review to have been admitted in as much as there were not proper parties thereunto the Decree being against six Defendants five of which abided by the same and the sixth bringing the Bill of Review alone Nor ought such Bill of Review to be brought till the Decree be performed and the 5820 l. paid but not one penny thereof was either paid or secured therefore prayed a Dismission with full costs Ordered that this Plea and Demurrer be argued on the 8th of July 1670 the Plantiffs to have notice The Cause came on when Lord Roberts Agents moved to put off the hearing till after Michaelmas on pretence his Lordships Councel were out of Town when as Mr. Serjeant Maynard Mr. Collins and Mr. Colthrop were all in Court Cresset finding delay to be the only design did as he had many times before to his Lordships Agents done offer in Court to take his 5000 l. without Interest so it might be forthwith paid and Bodvell's Estate be preserved from sale therefore prayed that the hearing might go on his Councel being all fee'd The Lord Keeper declared Cresset's Proposition was honest and fair and ordered the Lord Roberts his Sollicitor to give his Lordship notice thereof and bring his Answer next day when if he did not agree