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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

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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
Roberts would move against the Order of the 12th of July 1671 and no motion being made he then moved the Court and it was Ordered That tendering the Decree and Conveyances at the Lord Roberts house should be a good service upon his Lordship and if his Lordship did not seal then upon Affidavit thereof a Sequestration should issue without further motion against John Bodvell's Estate and a Writ of Assistance to put the Purchaser in possession of the Lands sold and that the Master should proceed to tax Cresset his Costs according to the course of the Court. A Proclamation of Rebellion issued against Robert and Sarah Roberts The Lord Roberts was attended in Cornwall by an express Messenger and then sealed the Conveyances which done Mr. Roberts and his Lady had the Conveyances tendered to them again to seal which they both refused to do on pretence that Bodvell's House and Demesnes were conveyed thereby Cresset went into Carnarvonshire to serve Sir Richard Wynn when he came there met with a Letter from Mr. Roberts conjuring the said Sir Richard not to seal which so far prevailed as that Sir Richard would not execute the said Deeds till Attachments were sent for from London and executed upon him which cost the said Cresset together with his Journey above 100 l. The Letter was as followeth SIR How my Father who occasioned all this sale and refused to let Mr. Cresset have 3000 l. worth of Land should now seal away the value of 8000 l. and of both the Mansion-houses with the best of all the Lands and the very name of the Family is a thing so unjust and shameful that it is the talk and wonder of every body you are the chief of my Wife's Family and if you now become the preserver of her and her Estate it will make the world honour you and us ever to serve you and be sure of this that at Michaelmas-Term next his Money shall be paid him and so you shall not have so much as the trouble of a Suit and it had been now ready if any one could but have expected such a compliance of my Father my Wife and I never shall seal and therefore think not Sir we can ever assent as you were informed We abhor to sell away the name of Bodvell My Wife gives you her humble service and thanks and both of us are obliged beyond expression of Your most humble Servant Cousin R. ROBERTS For Sir Richard Wynn Baronet at Gwidder in Carnarvonshire Cresset having a Coppy of the aforesaid Letter from Sir Richard Wynn immediately writ to London to Mr. Roberts who had assured him before his going out of Town that he would give him no hinderance in the Country In answer to which Letter Mr. Roberts writ to him dated the 29th of August 1671 wherein among other things he useth this Expression But since Sir Richard Wynn stops his hand upon my account I shall propose this to you that you press him not to seal for if I do not shortly either pay the whole summ of the Decree or for all the Carnarvonshire Lands I will be bound to joyn in the conveyance c. This you may consent to without prejudice c. A Commission of Rebellion Issued against the said Robert and Sarah Roberts Sir John Coel being attended to tax Costs according to the Order of the 26th of July the Defendants got time to move the Court to know whether Costs of the Appeal in Parliament should be taxed and they gave Cresset six several Notices to move the same at which times he attended with Councel at great charge but they never moved Whereupon Cresset moved to know his Lordships pleasure in that point when it was ordered that the Master should proceed to tax the Costs in general unless upon notice good cause should be shewn the then next seal The Defendants were served with that Notice Councel on both sides attending the Court put off the motion till after the last seal when his Lordship declared he would be attended with and peruse all the Orders made in the cause and then would settle Costs After which Seals Cresset endeavoured but could get no day appointed for attending his Lordship for that purpose though he often petitioned for the same A Serjeant at Arms was awarded against Robert and Sarah Roberts Mr. Roberts and his Lady their pretence for not sealing being because Bodvell's House was sold and promising to seal if they might have that again At their desire Cresset referred it to the present Lord Keeper and Sir Thomas Chichly their own Uncle both of their Nomination to settle what should be paid or given him in exchange for the same the Referees met Note this agreement was to be executed on or before the 25 of March 1671. made an agreement to which Cresset consented and they promised to perform thereby put Cresset to great charge in getting Conveyances drawn for the Execution thereof But Mr. Roberts and his Lady never performed the same The Serjeant at Arms returned that Robert and Sarah Roberts lodged in Whitehall and therefore he could not attach them Cresset moved again for Costs when it was ordered that Sir John Coel should tax Costs since the Decree against John Lord Roberts and that a Sequestration should issue against John Bodvell and Robert Roberts their real and personal Estate for the contempt of the said Roberts and Sarah his Wife unless cause should be shewed the then next Seal though by Affidavit it then appeared they had due notice of that days motion Cause coming to be shewn the Lord Keeper gave my Lord Roberts further time till the first day of the then next Term peremptorily to shew cause against his paying of Costs but disallowed the Reasons offered by Mr. Roberts and his Lady their Councel against the Sequestration and Ordered that the same should issue Upon the Lord Roberts motion it was Ordered That no Costs should be taxed against him personally but that Cresset should have all his Cost of Suits taxed and Sir John Coel to tax them accordingly the same to be paid out of Bodvell's Estate unless on notice to Robert Roberts and his Trustees good cause to the contrary should be shewn the then next day of motion Upon hearing Councel on both sides it was Ordered That Cresset should have his Costs relative to these Suits both before and after his Decree Coel to tax them and to be paid out of Bodvell's Estate The Lord Roberts and Robert and Sarah Roberts moved whereupon notwithstanding all the former Orders the Court Ordered Cresset should have Cost taxed since the Decree only and to be paid as aforesaid Which Order they kept from passing untill When the Court Ordered on Cresset's motion That Mr. Flatman the Defendant's Clerk in Court should bring back the Order pass it and attend the Master therewith Which done The Master taxed 250 l. Costs only Note that one motion might have setled these Costs as well as 15 and