Selected quad for the lemma: land_n
Text snippets containing the quad
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A81259
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The case of John Cresset, Gent. truly stated, and humbly presented to the consideration of Parliament.
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Cresset, John.
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1679
(1679)
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Wing C848bA; ESTC R175655
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28,594
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16
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The Case of John Cresset Gent. truly stated and humbly presented to the Consideration of Parliament JOhn Bodvel Esq being seized in Fee of 1700 l. per Annum Intermarried in 1638 with Ann the Daughter of Sir William Russel and by Indenture dated the 20 of February 1639 setled his Estate by which settlement amongst other things there was a Provision made for raising 5000 l. for his Daughter or Daughters that he should have at the time of his Decease to be paid them at their Age of 21 years or day of Marriage which should first happen John had two Daughters Elizabeth and Sarah Elizabeth died in July 1662 Sarah the 21 of December 1657 Intermarried with the Honourable Robert Roberts Esq had by him Issue several Sons and Daughters in the life-time of her said Father who died the 28 of March 1663 after whose Decease one Thomas Wynn Esq with others set up a pretended Will of his whereby he had totally disinherited his said Daughter Sarah and her Children given her only 5000 l. and devised all the rest of his Estate to Griffith Wynn Son of the said Thomas Wynn and one Thomas Bodvel both Infants Whereupon several Suits arose the management whereof was committed to the care of John Cresset who undertook the same and 't was as much as possible he could do so that he was forced to put off above 38 Causes and deny to meddle with any other business for several years together whereby he was greatly prejudiced in his Practice There were six Suits in Chancery two in the Prerogative Court and several at Law violently prosecuted the expence and charges being quick and great Mr. Roberts wanting Money to defray the same prevailed with Cresset to procure him supplys as he had occasion Whereupon the said Cresset borrowed for him the several sums and of the several persons in the Accompt following mentioned and became bound with him for the same amounting in the whole to about 4000 l. to defray the charges of these Suits his Journey into Wales to take possession of the Estate and paying his Fathers Debts and Funeral charges For securing whereof the said Robert and Sarah by Deed indented dated 1. March 1663 assigned to the said Cresset the 5000 l. Portion due by the Deed of the 20 of February 1639 and also the 5000 l. given by the pretended Will aforesaid The tediousness intricacy and trouble of those Suits is so well known that there is no need to give any account how many Hearings there was in Chancery each holding three whole days how many days Hearings in Parliament upon the Appeal how many afterwards before both Houses and his Majesty and Councel when before them by Bill to make null and void the said Will what care Cresset took what trouble he had and industry he used and the charge that those proceedings must necessarily occasion is submitted to judgment The Parliament passed an Act for nulling the said Will and for vesting his Estate in the Right Honourable John Lord Roberts Sir Richard Wynn and Henry Wynn in trust to raise money by perception of rents or sale of part of the premises wherewith to pay Bodvel's Debts due when he died and his Funeral Charges and then to pay 5000 l. to Sarah Roberts for her Portion according to the Deed of 20 February 1639 remainder for life to Sarah remainder in Tail to Charles Bodvell Roberts her Son which Act Cresset consented unto though it cut off half his Security relying upon their Promises of giving other Security in lieu thereof This Trust they having accepted and sold Land for 1700 l. and paid part of Bodvell's Debts therewith Cresset made Application to them for his 5000 l. and prayed Land might be sold for the same had often Promises from some of them that there should so be and for that purpose had Particulars given him and was desired to find out a Purchaser or one that would lend Money upon a Morgage to pay himself 5000 l. and 2000 l. of Bodvell's Debts Note by this that in 1666 Mr. Roberts knew there was above 5000 l. due to Cresset and Mr. Roberts by his Letter dated the 28 Febr. 1666 gave Assurance that the rest of Cressets debt over and above the said 5000 l. should be otherwise secured whereupon a Purchaser was found But the Lord Roberts would not do any thing therein other than what by law or equity he should be directed Cresset having used all manner of Endeavours waited two years after the Act and receiving no satisfaction being arrested and sued by several persons to Judgments and Executions taken out by surprize and executed upon him was forced to sell Lands of his own of the yearly value of 300 l. at least at great under-rates to raise money for to pay part of the said Money so by him borrowed for the said Roberts with the Interest thereof whereby he lost his Estate and was vastly prejudiced in his Practice Credit and Reputation and finding no relief by fair means He thereupon in Drew a Bâ—… in Chancery against the said John Lord Roberts Sir Richard Wynn Henry Wynn Robert Sarah and Charles Bodvell Roberts setting forth the matters aforesaid and his Debt how he suffered for want of receiving the same pray'd a Decree for sale of Lands This Bill before filed was delivered to Henry Wynn to carry to John Lâ—rd Roberts and to amend as he pleased the said Cresset being assured it should be a suit by coâ—sent only to have the Judgment of the Court for the Trustees Indemnity which Bill was â—mended by Mr. Wynn and approved of under his hand to be exhibited against the Truâ—…ees and so delivered back and was engrossed and filed To this Bill alâ— the Defendants except John Lord Roberts put in their several Answers Michaelmas Term fâ—llowing confessed all the matter of the Bill and R. Roberts and Sarah his Wife confessed Cresset debt the justness of his accompt and demands the great services he had done them and his â—â—fferings for them desired Lands might be sold to pay him and submitted to the judgment 〈◊〉 the Court being ready to observe the directions thereof But the Lord Roberts he put into Answer whereupon the Right Honourable the Lord Keeper 16 January 1668 writ to â—is Lordship to desire him if he thought fit to appear and answer the said Bill but he dâ—… not answer though Cresset offered to submit himself and his concerns to his Lordships owâ— appointment and determination Cresset beinâ— assured by Mr. Roberts and his Lady that the Lord Roberts though he had not answered would abide the judgment of the Court thereupon at their importunity he moved for a â—earing against the other Defendants Ordered that is Cause be heard on Bill and answer'd the 8 February 1668 and the Cause was set down â—he Defendants served to hear Judgments and Counsel intrusted accordingly The Lord Robâ—â—ts sent to Mr. Henry Wynn to insist at the hearing upon three things First â—hat
in Court before The Commission was executed in Cornwal and there not one Witness examined to any the matters in Issue or concerning this cause so that the said Commissions were only for delay and to put the said Cresset to unnecessary charges Lord Robert Agent gave notice to move the Court on the 23. of October to put off the hearing for three weeks on pretence that the Commission executed the 24 August was not returned which Commission was in his Lordships Kinsman's hand and kept out all that time Cresset waited with his Counsel to defend the Motion but none was made Thereupon he fee'd and instructed his Counsel for the hearing on Monday the 25 of October 1669. The Cause came to hearing but upon Serjeant Fountains Motion the same was put off on pretence the said Commission was not returned and this done without giving the said Cresset his Costs for his Counsel attending that day which was never done to any before The Cause was heard by Mr. Justice Rainsford who decreed Land to be sold to pay the said Cresset 5000 l. in question with damages for the same from the time it should have been paid directed an Account to be taken of what Profits was received of Bodwel's Estate since the Act of Parliament those to go in first place to payment of Bodwel's Debts and Funeral-charges when those paid if a Surplusage remain the Trustees to pay the same to Cresset in part of his 5000 l. and damages and sell Land for the Remainder the Master to compute Interest set out Land to be sold appoint time for Sale if not sold by time appointed Cresset to produce a Purchaser and the Master to sell for the most that can be gotten the Trustees to convey to such Purchaser who was thereby decreed to hold and enjoy the Lands bought by them against the Trustees and all the Defendants and if any Debts or Funeral-charges remained unpaid that not to hinder selling to pay Cressets 5000 l. with Interest there appearing Land sufficient to pay all and it was reserved to the Court to consider of the said Cresset's cost to be given him Lord Roberts his Agent petition'd Lord Keeper against the Decree as to the point of Interest alleadging that by the Act payment of Interest was not warranted and that there was but 4000 l. due to Cresset the other 1000 l. was given for Sollicitation Ordered that the Register attend the Judge to settle the Decree and in the mean time the Inrolment staid This Petition was presented after the Order was setled and entred and Sir Walter Littleton been twice attended and never objected against till after the Judge was gone into Northamptonshire so that it appeared only a Design for delay For upon this Order though no proceeding were stopt yet the Defendants refused to attend the Master Whereupon Cresset petitioned the Lord Keeper to hear the Cause himself as to that point of Interest and offered to abide his Judgment but his Lordship refused so to do as he did to hear the Cause at first Mr Justice Rainsford was attended by Councel on both sides with the Register when Lord Roberts his Sollicitor put off the hearing till next day Lord Robert's Agent never came till after the time appointed when he brought Mr. Justice Ellis but the Judge was gone abroad having suspended the giving Judgment till 26 January 1669. Lord Roberts nor none in his behalf attended as they promised the Judge to do whereupon he confirmed his Decree but ordered it to be stayed a day or two to see if the Lord Robert's Agents would attend of which he caused notice to be given None appearing for the Defendants the Judge confirmed his Decree and ordered it to be entred and signed it himself All these times Cresset attended with Councel at great Charge Lord Keeper Signed the Decree in the Lord Roberts his Agents presence who complaining that he was surprized his Lordship ordered both sides to go back to the Judge upon that Point of Interest in the mean time the Decree to be deposited in Mr. Dugdale's hand The Judg being attended by both sides declared the Decree to be according to his sense and nothing but what was just but finding what troubles the said Cresset was in advised him to let the Decree be altered and made to pay Interest only for 4000 l. because in the Account there was mention of 1000 l. given for 3 years and halfs Sollicitation and such Interest to begin from the time of the Act of Parliament only which done there could be no manner of Objection made against it by the Lord Roberts but declared he would not make that alteration without the said Cressets consent this in the Presence of Mr. Justice Ellis to which Proposition Cresset consented the Decree was accordingly amended signed and enrolled and Sir Walter Littleton attended who took the Accompt stated Cresset's 5000 l. principal Money decreed him and the Interest thereof to be 5820 l. appointed the same to be paid the first of July 1670 and reported no surplusage of Rents or Profits in the Trustees hands and at the Lord Roberts Councel's instance the whole Estate was set out to be sold a particular whereof was brought in by Richard Edwards the Bayliff with the Names of every Tenant and the Rents they paid This when brought in was brought in at much greater rates then let for on purpose as is conceived to deceive a Purchaser whereupon he was ordred to be examined upon Oath and upon his Examination he put in the Margent the true values of every Tenement these Lands or so much thereof as would raise 5820 l. was ordered to be sold The reason why as the Master in his Report declares he did not set out particular Lands for the said 5820 l. at that time was because the Lord Roberts Counsel insisted That if the Lands free from Incumbrances should be sold it would greatly prejudice the Estate and therefore they hoped to exchange the Lands in Joynture in Anglesey whereof Llanigred Park was a part for Lands in Carnarvanshire and so to sell all Anglesey Lands and preserve the Infants Estate in Carnarvanshire being the best part thereof entire and sell as little reversion as could be Note During this Reference Mr. Roberts who had all along before seemed to consent to sell Land to pay the 5000 l. and Interest and had told and writ Cresset word that he being in Possession and receiving the Profits of Bodvell's Estate should not hurt him for that he received the same upon Accompt of an Assignment of a Sequestration from his Mother in Law which she had for Arrears of Ally-money pretended to be 6000 l. but assigned for 3000 l. secretly writ the following Letter to Mr. Hart who was the Lord Roberts's Sollicitor and he brought the same to Sir Walter Littleton who gave it to Cresset 1 January 1669. Mr. HART MR. Vermuyden informs me that Mr. Cresset has preferred before the Master of Chancery an Accompt