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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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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 B●… 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 L●rd Roberts and to amend as he pleased the said Cresset being assured it should be a suit by co●sent only to have the Judgment of the Court for the Trustees Indemnity which Bill was ●mended by Mr. Wynn and approved of under his hand to be exhibited against the Tru●…ees and so delivered back and was engrossed and filed To this Bill al● the Defendants except John Lord Roberts put in their several Answers Michaelmas Term f●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 ●●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 ●is Lordship to desire him if he thought fit to appear and answer the said Bill but he d●… not answer though Cresset offered to submit himself and his concerns to his Lordships ow● appointment and determination Cresset bein● 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 ●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 ●he Defendants served to hear Judgments and Counsel intrusted accordingly The Lord Rob●●ts sent to Mr. Henry Wynn to insist at the hearing upon three things First ●hat