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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

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for his three years and half time then wholly spent in Mr. Roberts his Service and the aforesaid Judgment of 6000 l. was made liable also to pay the same So that the totall sum then due from the said Roberts and secured as aforesaid was 5070 l. 8 s. 10 d. Of all which Sums or for his eight years loss of time since or his sufferings by sale of his Estate at under-rates to pay Mr. Roberts his Debts contracted as aforesaid or for the loss of his Credit by being sued for him and his Practice Cresset could never get one penny Add to this 5070 l. 8 s. 10. the Interest thereof for eight years and half 2586 l. The Money lent and laid out for Roberts between the 6 of July and 26 of Febr. 1666 250 l. And the Interest thereof for eight years 120 l. Cressets charges he hath been put to in defending himself at Law against Mr. Roberts Creditors 300 l. And the charges of this Suit in Chancery which hath cost 1200 l. Makes the whole Demand to be 9486 l. 8 s. 10 d. Besides the Interest of these last Summs expended in Law-suits and of the Money paid by Cresset to Mr. Roberts Creditors for Interest-money Procuration Continuation-Money and for altering Securities since the 6th of July 1666 all which ought to be allowed Cresset it being principal out of his Pocket and being computed amounts to about 600 l. And all that Cresset hath received towards satisfaction of these Demands out of the profits of the Lands sold amounteth not to above 760 l. Note That the aforesaid 4070 l. and 250 l. Principle-money was borrowed by Cresset for Mr. Roberts and he being bound with him for the same hath been forced to pay it together with Interest and Charges to the persons of whom it was borrowed to wit Note As Money was borrowed Mr. Roberts had part of it and left the rest with Cresset to defray Charges which he himself saw disposed but Cresset kept the Accompt and from time to time gave him account thereof the which he examined and afterwards stated allowed and gave Releases upon the same so that Cresset hath no Accompt with Roberts save to have the Money he was bound with him for and the Interest and his Charges of Suits that he hath paid and been at upon his Accompt Of Mr. John Jones in May 1663 800 l. Of Mr. Ralph Suckly in Aug. 1663 1000 l. Of Sir Jeremy Whichcot in Febr. 1663 500 l. Of Mr. Edward Rudg Merchant in 1664 500 l. Of Sir William Roberts Daughter 500 l. Of Serjeant Maynard 200 l. Of Mr. Tratford of the Inner Temple 300 l. Of Mr. Caesar 500 l. In all 4300 l. Which Summs were not all spent in the charges of the Suits For the charges of seven Suits in Chancery two in the Prerogative-Court two Appeals to the Lords-house and many Suits at common Law did not cost above 2650 l. which considering what the transactions of those Causes were was less by far than his own Councel thought it had cost but there was paid 185 l. 16 s. 11 d. for Mr. Bodvell's Funeral-charges 300 l. For Arrears of Ally-money due to his Wife 643 l. 4 s. 10 d. Mr. Roberts had himself of the Money borrowed 80 l. 5 s. 6 d. of it was allowed for procuration and continuation Money and 466 l. was paid for Interest of the Summs borrowed from the time of their being lent till the 6th of July 1666. Note that in February 1666 when the Act of Parliament passed to null Wynn's Pretended Will and vest Bodvell's Estate in the Trustees aforesaid 5400 l. would have paid all Cresset's Debt the charges of the Suits and the several Sums laid out for paid to him as aforesaid And if the Trustees according to the trust reposed in them by that Act had so soon as the Bill passed sold Lands raised 5000 l. and paid it to Cresset Cresset's Debt had been satisfied all but 400 l. which he would have been content to have staid for or to have lost so as the Estate might have been preserved from sale but they neglecting to do the same put Cresset to vast charges and suffered the Interest-money to rise high therefore it is their own fault that the Accompt now is so great and ought not to be charged upon Cresset as an extravagant demand which Mr. Roberts because he cannot perswade Cresset now to take 5000 l. for the 5000 l. which should have been paid in 1666 and the Interest thereof and his charges as aforesaid most unkindly endeavours to do which 5000 l. Cresset hath no reason to take considering that the payment of 5000 l. now were not to pay above 1700 l. inasmuch as the Interest comes to 2586 l. the charges 1500 l. besides his trouble and loss of time which is considerable which Summs put together makes in all 9156 l. so that there having been but 760 l. received by profits of the Land there remains of the said 9156 due 8386 which makes it clear that to pay now 5000 l. is not to pay 1700 l. principal Money as aforesaid Nevertheless the said Cresset by his said answer under his hand delivered to his Majesty in Council offered again to refer himself to the determination of the Right Honourable the now Lord Keeper or Sir William Jones or Sir Francis Winington or to any other honest or understanding person his Majesty should name provided such Referee might be enjoyned to make his Award in some short time and that security be given by the said Roberts to perform that Award before the end of Hillary Term then next ensuing and therefore prayed if this would not satisfy that his deeds might be executed or leave given to attach Mr. Roberts and his Lady as by his former Petition was desired humbly offering then to consideration as he doth now First whether Cresset could have done more than he hath done either in getting Bodvells Estate for Mr. Roberts or endeavouring to preserve it to him Secondly whether after Land was decreed to be sold and Cresset compelled to find a purchaser and by Reason of the Defendants refusing to set out Lands it was put upon him to say what he would buy and he had made choise of Bodvell for the reasons aforesaid Cresset could have done more than he did both before and after the sale and during the Appeal to Parliament and afterwards in Chancery before the Conveyances were executed to preserve Bodvel's demesnes to them As also whether he could have done more since his Conveyances were Executed to let them have it again than he hath done by making the several offers and references aforesaid to persons of his own Nomination and Relations Thirdly whether after accounts delivered stated allowed and Releases given upon them in 1663 1664 1665 and 1666. as aforesaid and security given for the moneys due upon those accounts and after Recovering in Chancery upon those Securities where the said Roberts and his Lady by answer swore the said accounts to be Just and desired Lands might be sold to satisfy the same And whether after such decreed confirmed upon a Bill of Re-view and affirmed by Judgment in the house of Lords upon an Appeal and no exceptions taken to the Accounts in any of these Courts where if there had been any occasion they might properly have complained and have received relief The said Roberts and Sarah should now be admitted to Ravill into accounts so solemnly stated or to alleage against their own Oaths their acts under their hand seals and their continued declarations to all persons upon all occasions of the said Cressets Integrity and Justice towards them meerly with design to take away his reputation which is his life whose Estate they have made themselves Masters of by means as aforesaid and that in a place where if there were just cause offered they could receive no Relief Nevertheless Cresset submitted to his Majesties and the pleasure of that honourable Board praying to be heard offering to make good every Parragraph of that Answer As also that the Land sold is not 700 l. per Annum nor any more than 538 l. though sold to him at 590 l. per Annum and not above 200 l. a year was in possession when sold and 180 a year come into possession by Mrs. Vermudens death the rest remaining Reversion to this day Upon reading part of the said Answer It was ordered by his Majesty in Council that Mr. Roberts should have a Copy thereof and forthwith put in his Reply thereunto Cresset served Mr. Roberts with a Copy of that Order and his said Answer Mr. Roberts not replying Cresset petitioned again for a day of hearing and it was ordered that the Cause should be heard the 12. of the said moneth and both parties then to Attend He was served with that order Nevertheless Mr. Roberts petitioned to delay the hearing a week longer upon pretences that he had not timely Notice thereof And it was then ordered that the Cause should be peremptorily heard the 19 of February 1674. The cause being heard his Majesty was graciously pleased to declare that if Mr. Roberts do not Satisfy Cresset before the end of Easter Term 1675. he could not longer protect him against Justice and the Law In the mean time Mr. Roberts and his Lady declared they will never Seal the Conveyances in question but rather go beyond Sea and there live till they enforce Cresset to depart with his right at their own rates the Consequence whereof if Cresset for want of Relief should be compelled so to do will be that after eleven years Troubles Suits delays and vast Charges having parted with his own Estate to purchase Bodvells Estate for them he must inevitably ruin himself and Family Vpon all which Consideration be most humbly Prays That a short Act may be passed for the Confirmation of the Decrees Sale and Conveyances aforesaid and to Confirm the Estate sold to the Purchaser his Heirs and his Assigns for ever The CASE and GRIEVANCE of John Cresset Gentleman Humbly presented to Parliament for Relief