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
thereunto he would proceed to hear and determine the Cause Cresset having offered to wave Interest might not the L. Keeper as well have setled it so now as to discharge him from his offer put him to 12 l. charges and then take away his Interest without his consent and against the opinion of all the Judges as by the following order he did do Cresset's Counsel was again Fee'd and attended and the Lord Roberts not complying with the Offer the Lord Keeper discharged the said Cresset from the same and proceeded to hearing but after a full hearing when ready as supposed to give Judgment upon the earnest importunity of the Lord Roberts his Counsel his Lordship deferred giving Judgment till the 8th of November 1670. when he declared he would desire the Assistance of some of the Judges This Order Cresset could not get passed till 6 November 1670. when Lord Robert's Sollicitor would not let that Declaration concerning the Assistance of the Judges be put into the same of which by Petition the 7th of November Cresset gave intimation to his Lordship and prayed Judges might be called to Assist him Nevertheless The Lord Keeper heard the Cause upon the Plea and Demurrer aforesaid without any Judges and without over-ruling the Plea and Demurrer both which to this day stand good fell upon the Merits of the Cause for which Cresset's Counsel was not prepared and reversed so much of the Decree as concerned selling Land to pay Interest but confirmed the Decree in all other points and ordered an Account to be taken of all the profits of Bodvells Estate from the time of his death and decreed Cresset to find a Purchaser that should buy not only Land for payment of his own Debt but also so much as should raise Money to pay all Bodvells Debts and Funeral-charges mentioned in the aforesaid Report of the 11. February 1669. and which were not paid or said therein to be secured by Mr. Roberts The Master to sell the Land for the most he could get agree conveyances and appoint a short time for sealing the same and if not sealed by the time appointed then the Trustees to pay Interest from the time of tendering a Purchaser This Order could not begot passed till 17. December 1670. when my Lord was attended to settle the same The Reference was transferred to Sir John Coell Sir Walter Littleton being dead and his Lordship ordered that Cresset should have Interest for his whole 5000 l. and that the Deeds concerning the Land that should be sold should be delivered to the Purchaser Sir John Coell made his Report that he had heard both sides several days and found by the Account annexed Copies whereof Lord Roberts his Agents had were heard thereupon and took no exception unto that there was sufficient raised to pay all Bodvells Debts and Funeral-charges and all the Arrears of Hern's Annuity due at Christmas then last past with a Surplusage of 791 l. which he allowed Mr. Roberts for Costs and this by the Profits due from the time of Bodwells death till August 1670. And that Cresset had produced a Purchaser to buy the Lands in the Shcedule annexed whereof Bodvell Seat and Lanigred Park was a Part that offered 13 years Purchase for what was in possession 7 years for Reversion after one Life 5 for Reversion after two lives and pressed him to sell But upon Lord Roberts his Council's desire to have ten days time to see if his Lordship would pay the Money or produce a Purchaser to give more than Cressets Purchaser offered or to buy other Lands he had given him 14 days time when if the money were not paid or other Purchasers to buy other Land or give more for these Lands produced he would proceed to sell and settle the Conveyances Note By Sir Walter Littletons Report dated 11 Feb. 1669. It appears they designed that Lanigred Park should be sold and Bodvell was put in by Cresset First because there was no other Estate in possession that was free from Incumbrances Secondly in hopes the Trustees would pay the Money decreed rather then suffer the Principal Seat to be Sold Cresset neither designing nor desiring to have it as by the following account will appear Sir John Coell makes a Second Report and certifies that the 20 January Lord Roberts his Council attended him told him his Lordship was loth to have Bodvells house sold but had given no order to pay any money or could produce any other Purchaser either to buy other Land or give more for the Lands mentioned in his former Report but certifies further that upon the great Importunity of Lord Roberts his Council Cresset offered for the Preservation of the Estate that if the Lord Roberts would pay him 1000 l. the middle of Febr. and secure the rest with interest from the time the Court should direct to be paid at Midsummer the said Cresset would accept the same or if the Lord Roberts would clear Anglesey Lands from all Incumbrances as he proposed to Sir Walter Littleton and exchange those Lands in Jointure there and give Mrs. Bodwell Lands in Carnarvanshire for them he would buy the Lands in Anglesey and leave Bodvell which offer they prayed 14 days time for his Lordship to answer unto and did not doubt to receive the same which time was granted and elapsed and new Summons issued but the Defendants did not attend therefore he had sold the Lands in his former Report mentioned to the person and at the Prizes therein expressed and would settle Conveyances allow the same under his hand and appoint short time for the execution thereof These two Reports confirmed unless upon Notice Good cause within Eight days after should be shown to the Contrary The Defendants were served with notice thereof Exceptions to the said Reports were filed First because the Master ought to have Reported what or how much had been Received before the Act and what and how much since the Act of Parliament and of whom and for what Secondly Because the Master appointed 5000 l. of the Purchase-Money to be paid to the said Cresset intimating that the said Mr. having reported a Surplusage received over and above what would pay Bodvells debts and funeral-charge he should have said how much such Surplusage was and in whose hands and ordered the same to have been paid in part of the 5000 l. to have saved so much of the Estate from sale and the Mr. ought not to have allowed of a Purchaser the Lands being much undervalued no allowance made for 2000 l. worth of Wood nor care taken for the Preservation of the Principal Seat of the Family and place of Residence of the Wife and Children of the said Rob. Roberts who on the purchase will be turned out of doors Upon arguing the said Exceptions by Councel on both sides before the Lord Keeper his Lordship held them insufficient and over-ruled the same and confirmed the Reports all the Exceptions being grounded upon Mistakes and
fully Answered by the Reports themselves and the Court confirmed the Sale But with this that the Mr. should examine whether there were any Gross Timber on Bodwells Demesnes and not valued to or paid for by the Purchaser if there were then Lord Roberts to have time till Midsummer to cut it and carry it away leaving sufficient boots of all sorts and for the Ornament and defence of the Mansion house It was ordered that the said Cresset should have Interest for 5000 l. from the time when he first tendred his Purchaser That the writings concerning the Lands sold alone and true Copies of such as concern the Lands sold with others be delivered to the Purchaser And Sir John Coell to compute the Interest Note the Purchaser Robert Stapleton Esq was a Trustee for Cresset and settle the payments thereof according to the Decree of the 8. of November 1699. and the Purchaser Decreed the possession of the Lands sold and to enjoy the same to him and his Heirs and Assignees for ever against the Lord Roberts and all other the Defendants in the causes he paying the said Cresset 5000 l. out of the purchase Money and the other 126 l. remained c. thereof as Sir John Coell should direct All these Orders Decrees and Reports Accounts and Rentalls being signed and Inrolled upon such mature deliberation as aforesaid John Lord Roberts Sir Richard and Henry Wynn Esq appealed from them to the house of Lords and for ground of Relief insisted upon the same Reasons contained in the Exceptions to Sir John Coells Report Cresset Answered the said Appeal setting forth the matters aforesaid The Cause was fully heard at the bar and dismiss't Nemine Contradicente with this special direction that it should be without prejudice to the said Cressets going back into Chancery for his Costs of Suit which by the Decree of the 8. of November 1669 was reserved to the Consideration of that Court. Note Cresset exhibited a Counter Appeal to have had Interest money from the time of Mr. Bodwells death according to the Decree which Appeal for quietness sake he waved at the Bar and would not suffer to be opened Thereupon that also was dismiss't After these dismissions Sir John Coell was daily addressed unto to settle Conveyances and compute and set out Lands for Interest according to the order of the 6 March 1670. who after above 20 times being attended by both Sides made the Report following First that there was no Gross Timber on Bodvells demesnes but what was necessary for Boots and Ornament to the house and that Cresset had allowed for it in his former purchase Secondly that he had computed Interest for the 5000 l. for one year which comes to 300 l. and set out and sold Land of 13 l. 31 s. 4 d. per annum and the 126 l. above the 5000 l. in the last purchase Money in Satisfaction for the same Thirdly that he had allowed of Conveyances according to the Lord Roberts and the other Defendants Council's own amendments and appointed them to be executed by John Lord Roberts Sir Richard Wynn Henry Wynn Robert and Sarah Roberts when tendred to them and Sarah Roberts and her Husband to levy a Fine of the Land sold to the use of the aforesaid Robert Stapleton and his Heirs for ever and all the Defendants to make further Assurance within 7 years if needful for ascertaining the Title and freeing the Lands sold from Bodvells Incumbrances And that Lanigred Park should be liable after Mrs. Bodvells life to pay to Joseph Hern or his Assignes during his wifes life what can be made thereof towards raising the 100 l. per annum Annuity which that Park and three Townships in Carnarvanshire are obliged to pay And that all the Arrears of the said 100 l. per annum which should grow due before Mrs. Bodvell's death should be paid out of the said Townships and Lanigred Park not be liable to the same c. This Report confirmed unless Cause within 6 days after Notice be shown to the contrary Notice being given they desired some Amendments in the Report and Conveyance and then promised to consent to confirm it which amendments Cresset agreed unto The last Order made Absolute and the Report confirmed For the Satisfaction of the Court Sir John Coell upon an Order to him directed Reports as followeth That all along Pending the Reference before him both before and after the Appeal to Parliament and after the dismission out of Parliament when he was attended to settle Conveyances Cresset did in his presence offer the Defendants that if they would set out Lands in lieu of Bodvell of the same yearly value and sell the other Lands in his purchase for the value they were let for to preserve Bodvell house and demesnes from Sale and to keep the Estate in Carnarvanshire intire He would exchange the said Bodvell house for such other Lands as they should set out but that offer would not be accepted nor would they set out other Lands whereupon the Conveyances passed as the Defendant amended them The Report was made and entred after which some Amendments were desired to be made And the Defendants Councel and their Agents agreed if such Amendments were made they would not oppose the Confirmation of the Report Whereupon Cresset consented and the Report was sent for from of the file and with the Conveyances were amended in all points desired The Registers certifie no Exceptions were filed to the aforesaid Reports The Registers make the like Certificate Whereupon the Decree and Report were drawn up signed and enrolled and the Defendants served with a writ of Execution thereof and desired to seal which none would do but Henry Wynn Esq Mr. Roberts who all along had hindred Bodvell from being left out of the Conveyances and promised to seal and his Lady declared they would not seal till my Lord Roberts had sealed A Messenger was sent express being an Atturney at Law to serve John Lord Roberts in Cornwall but was not admitted to his Lordship He tendred the Writ of Execution and Conveyances in his Hall but no servant would receive them Complaint thereof being made to the Court it was ordered That serving Lord Roberts Clerk in Court should be deemed a good service of him and that all Process of contempt returnable immediate should issue against Robert and Sarah Roberts to enforce them to execute the Conveyances And that an Injunction should issue against the Tenants to enjoyn them to attorn and pay their Rents to Stapleton And it was further ordered That Sir John Coel should tax Cresset's Costs of Suit unless cause shown the then next third general Seal Lord Roberts Councel desiring to be heard to that point only Lord Roberts his Clerk in Court was served with the Decree and an Attachment returnable immediate issued against Robert and Sarah Roberts for their contempts Cresset having attended with Councel three days of motions upon notice given him that the Lord
saved the charge of the rest of the Motions Notices and Affidavits of giving notice of those Motions and drawing up those Orders which was very little more than paid the charges of the several motions made for Settlement thereof The Sequestration being issued and one Richard Edwards appointed one of the Sequestrators he hath ever since received the Rents of the Estate sequestred and refused to pay the same to Mr. Roberts without Cresset's consent which Mr. Roberts in September 1672 prevailed with Cresset to give for that year upon his promise that if he did not end the difference betwixt him and the said Cresset between that and Christmas that then he and his Lady would seal the Conveyances in question the said Cresset giving him two years time to redeem Bodvell's seat at the price the Lord Keeper and Sir Thomas Chichly had valued the same at upon the reference in Febr. 1671 and promising further that He would repay the said money which he should so receive of the said Edwards Cresset relying upon this promise got Writings drawn for that purpose which he carried to Mr. Roberts in Decemb. 1672 he kept but did not execute the same but when he received them he promised that he would forthwith go to his Father into Cornwall and submit himself to his pleasure whereby he doubted not to regain his favour and capacitate himself to end the said Cresset's business if not he would certainly at his return seal the Deed in question This Journey he took accordingly but it proved ineffectual nevertheless to this day he hath not sealed Edwards received the Rents of the Sequestered Lands again and refused to pay them to Mr. Roberts as before until such time as he prevail'd with Cresset for another direction for that purpose the which Cresset was perswaded to grant First Because he was unwilling to be an Accomptant to the said Roberts or to the Court when the said Decree should be performed Secondly Upon Mr. Roberts his securing the 250 l. Cost taxed as aforesaid by a Bill of sale of the Goods in Bodvell's House dated the 19th of March 1672 and a Bill under hand and seal to Edwards to pay him out of that years rents 130 l. to make up the said 250 l. But the said Roberts having got Cresset's Letter never acquainting the said Edwards that he was to pay any part thereof to Cresset got the whole Rents out of his hand before due so that nothing was paid to Cresset that year Mrs. Vermuyden who had a Joynture in most of the Lands sold to Stapleton happen'd to die which Cresset well hoped might have been of some advantage to him in his Purchase which had cost him so dear and to help make up the great loss he had sustained and the vast charge of the Suit aforesaid but the contrary hath happened as by the following Narrative will appear For in Mr. Roberts acquainted Cresset that his Lady had now a mind to have all the Lands again that were sold intimating they were too good a bargain by the life falling never considering that she might have lived twenty years Note This was never desired while it was a Reversion and that the hazard was reciprocal both to the Vender and the Purchaser Cresset desiring if possible to preserve their Estate consented that they should have all again paying thirteen years purchase for the Possession and seven for the Reversion after one life which rate he allowed when he purchased and that at the same yearly value he bought them at or that they paying him the principal Money he paid and his Interest and his Charges of the Suits Mr. Stapleton should re-convey to them though the Lands are worth more neither of these Offers were grateful but a Reference was proposed to the Right Honorable the now Lord Keeper of the Great Seal of England the which Cresset consented unto upon Condition that he might have Security from them to abide his Award My Lord Keeper being attended no Security could be given Therefore by his Lordships advice An Order by consent obliging both parties to abide his Award was drawn up agreed and entred his Lordship was to be attended each party to make his Proposals in writing his Lordship to consider them and hear both parties and thereupon to perswade to an Accommodation which if he could not do then his Lordship to determine by the 6. of July 1674. what should be paid Cresset for the said Lands one moiety whereof was to be paid the 16 July 1674 the other moiety on the 8th of November following otherwise they to Seal the Conveyances to levy a Fine to wave all Priviledge and to quit all Pretences to the Estate in question this to be done without prejudice to the Decree if the Award should not be by them performed upon this Order His Lordship was often attended by the parties sometimes by themselves and at other times with Counsel and Cresset wholly submitted to his Lordships determination and petitioned him to make his Award The time limited by the Order of the 18th of May 1674 for making the said Award was enlarged by a second Order of Consent till the 16. of July 1674 his Lordship was frequently attended in that time and by Cresset petitioned to make his Award which he thought not fit to do because he could not find Mr. Roberts had any Money but declared he was ready to have delivered his Judgment if he could have seen Money ready So that all this Time and great Charges was lost and the end Cresset had in the Reference wholly frustrated for he could never expect any advantage by such Reference or that my Lord should have given him more but rather less than the Land was worth but well hoped for an end of trouble and if he had not Money then to have his Conveyances executed when the time limited for the payment thereof had been elapsed by which Sealing it is to be observed nothing doth pass for the Estate in Law is already conveyed and Cresset is in possession and Mr. Roberts and his Lady their being made parties was only to testifie their Consents for their Trustees Indempnity but being made parties and not Sealing it frightens persons from becoming Purchasers or lending of Money upon a Mortgage without which Cresset cannot pay their Debts but must lie in a Gaol for them whilst they who by means as aforesaid are become Masters of his Estate live plentifully in a Palace From the 16th of July 1674. to November 1674. Cresset pressed the renewing of the aforesaid Reference to the Lord Keeper which frequently was promised and he put to great charge in going as well as loss of time in attending at Whitehall for that purpose but all in vain for a Reference to his Lordship or to any other person would not be consented unto though Cresset frequently offered to refer it either to Mr. Attorney or Mr. Sollicitor General both of them of Mr. Roberts his own Councel or to