The case of the creditors of Sr. Robert Vyner, occasioned by the new subscribed project

The case of the creditors of Sr. Robert Vyner, occasioned by the new subscribed project

Table of contents

THE CASE OF THE Creditors of Sr. Robert Vyner, Occasioned by the new Subscribed Project.

[Page]

THE CASE OF THE Creditors of Sr. Robert Vyner, Occasioned by the new Subscribed Project.

THE Proposals which are lately Subscrib'd by Sir Robert Vyners Creditors, are, that those Creditors shall agree to what shall be done by Seven Refferees, or any Three of them, And Sir Thomas Meres (who acted vigorously for Sir Robert Vyner, to get the Bankrupts Bill passed in 1685.) is now a Refferee, and acts very Zealously in this Affair; And these Refferees, are to advise with Five Council, or any Two of them; and one of those Two Council who act, is Sir Francis Pemberton, who was of Council for Sir Robert Vyner in his life-time, and is row Council for the Executor, and for that reason ought not to be of Council in this Case for the Creditors.

The Agreement is that the Executor shall have Seven thousand pounds in Mony, when the Creditors are paid Thirty pounds per Cent. for their Principal, and then the Executor to come in as a Creditor for Three thousand pounds more, And if the Acting Refferees, and Council, prove Friends to the Executor, there will be many Contrivances for the Executor's benefit, but few for the Creditors; and herein is couch'd a design, to get all Judgments and Incumbrances, levelled with other Debts, although they have taken the due Course of Law, and have been at great Charges for obtaining the same.

☞ If the Commission of Bankruptcy can be renewed and proceeded upon (The Major part of the Commissioners the last time of their Sitting before Sr. Roberts Death, declaring that Sr. Robert was not proved a Bankrupt,) Then was Sr. Roberts Will of no effect, and the Executor is onely an Intruder, and in the Laws against Bankrupts there are sufficient ways and methods forthwith to compell a discovery from the Executor and all other persons concerned without giving the Executor a Gratuity, but if a Commission cannot be now taken out and proceeded upon, Then those which have Incumbrances ought to be first satisfied, Sir Robert having made a particular provision also for them in his Will in these words, viz. Out of which the Incumbrances being first satisfied, &c. And the Executor hath sworn duly to execute that Will, And after the Incumbrances paid, All the Estate Real and Personal ought to go to satisfie the remaining Debts, and after the Debts satisfied, then the overpluss to be disposed of according to Sr. Roberts Will, and for a discovery of the Estates, several are already known, viz. Estates in London, Middlesex, Leicestershire, Surry, Warwickshire, Cheshire, an Estate in Ireland, and a Mortgage for a great Sum upon a Noblemans Estate, and it is needless to give any thing for discovery of what is already known, but as for discovery of what private Estates, what Plate, what Jewels, what Money, what Debts due to Sir Robert, which the Executor claims, or hath possessed himself of, the Executors Proposal implies a great concealment, but he Proved the Will the 4th of October, 1688. And hath yet put in no Inventory, nor Answered any Bill in Chancery for Discovery, but stands in Contempt, and intends to make this advantage by contemning the law whereby to inforce the Creditors to Comply with those strange proposals, it will be a fine Example and Encouragement for Executors, for the future, to keep close the Testators Estate, to stand in contempt of the Law, and to force the Creditors to comply with their humours, but the Executor and several other persons concerned will be quickly forced to discover upon Oath what Estates or Effects they know of Sr. Robert Vyners, and such discovery shall be made publick for the general good of the Creditors, and perhaps will reach further than what will be discovered by their giving Ten Thousand Pounds to the Executor: However, after all that which is already known, or shall be by such means discovered, shall be divided; If a further Discovery can after be made, let something in the Pound be given for such further Discovery, but to give something for nothing is very hard, or especially to give such a great Sum as Ten thousand pounds for that, which about Ten pounds will procure, seems unreasonable. If the Executor pretends Debts owing to him out of the Estate, the Statute which Sir Robert Vyner confessed to him, the 27th. of January 1686. for Twenty thousand pounds, payable in Six days time is Vacated; and the Sham Incumbrances which are Charged on the Houses in London, are already detected in Chancery: And if any such Things shall be attempted hereafter, they will be easily found out.

☞ There is now a Bill brought into the High Court of Parliament relating to Bankrupts, whereby to compell Creditors to accept of such an Agreement, as the Major part shall agree to: And the Executor of Sir Robert Vyner intends to take advantage of this Bill and designs thereby to compell the Creditors to make him an Allowance; The Creditors therefore of Sir Robert Vyner, ought to Petition the High Court of Parliament, that if the said Bill pass, a proviso may be therein incerted, for Excepting the Creditors of Sir Robert Vyner; and that Sir Robert's whole Estate, real and Personal, may be disposed of to Trustees, to be by them Sold, and that the Incumbrances may be first paid, and the Remainder equally devided amongst the rest of the Creditors, and that the Overplus after the Debts satisfied, may be disposed to such Charitable and other Uses, as are directed by Sir Robert Vyners Will.

Information about this book

Title statement

The case of the creditors of Sr. Robert Vyner, occasioned by the new subscribed project

Edition statement

1695

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

A78245

ID [STC]

Wing C1059bA

ID [STC]

ESTC R223217

ID [EEBO-CITATION]

99897174

ID [PROQUEST]

99897174

ID [VID]

135586

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A78245)

Transcribed from: (Early English Books Online ; image set 135586)

Images scanned from microfilm: (Early English books, 1641-1700 ; 2474:10)

Source

— The case of the creditors of Sr. Robert Vyner, occasioned by the new subscribed project,

Extent

1 sheet ([1] p.)

s.n.,. [London :: 1695]. (Imprint from Wing (CD-ROM edition).) (Reproduction of original in the Folger Shakespeare Library.)

Creation

Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial practices

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.