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<DATE>2014-04-23</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140226.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B17129">
<STC T="W">A3309A</STC>
<STC T="G">L.R.305.a.7[6]</STC>
<STC T="C">R218809</STC>
<STC T="C">R227701</STC>
<BIBNO T="umi">99887474</BIBNO>
<VID>190431</VID>
</IDG><!-- alt.stc GL.R.305.a.7[6] --><!-- alt.stc CR218809 --><!-- alt.stc CR227701 -->
<TEXT LANG="eng">
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<DIV1 TYPE="response">
<PB REF="1" MS="y">
<HEAD>An ANSWER to a late printed Paper, Intituled, The <HI>Ca&s;e</HI> of the Creditors of Sir <HI>Robert Vyner,</HI> who have complyed with his <HI>Propo&s;als.</HI></HEAD>
<P><HI>THat Paper mentions Propo&s;als made and Signed by the greater part of Sir</HI> Robert Vyner's <HI>Creditor, and that the performance thereof was hindred by the Ob&s;tinacy of &s;ome few of the Creditors, and that the Conforming Creditors were in h<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">pes to have the benefit of a Bill which was pa&s;&s;ing, and &s;o to oblige the re&s;t; But the Di&s;&s;enting Creditors had prevailed upon the Committee, to in&s;ert a Provi&s;o, excluding Sir</HI> Robert Vyner's, <HI>Concerns, and unle&s;s that Provi&s;o was expunged, the E&s;tate would be torn to pieces, and no equal Di&s;tribution could be made and that</HI> 250 <HI>of Sir</HI> Robert Vyner's <HI>Creditors have Sub&s;cribed for above</HI> 60000 <HI>l. which is the greater par<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> b<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">h of Number and Sum.</HI></P>
<P>&rindx; The Propo&s;als in 1684 were for taking 20 <HI>l. per Cent,</HI> and the whole Intere&s;t in Money and the remai|ning 80 <HI>l. per Cent</HI> by A&s;&s;ignments; and if the Debts were computed together, there will appear due at lea&s;t 40 <HI>l. per Cent</HI> for Intere&s;t on each Bond; &s;o that the Creditors at that rate, mu&s;t have 60 <HI>l. per Cent.</HI> in Money: But Sir <HI>R<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">bert</HI> by his Will, and his Executor in his printed Propo&s;als, Dated the <HI>1&s;t.</HI> Day of <HI>January,</HI> 1689. ab&s;ol<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">tely di&s;agree from tho&s;e Propo&s;als, and mention paying but 30 <HI>l. per Cent.</HI> of the Principal only, which is but half &s;o much in Money as tho&s;e Propo&s;als were; and by that it &s;eems that tho&s;e Propo&s;als are now only made u&s;e of by the Executor to en&s;nare, and not to be performed. And it appears by the Management of the Affair, that the Executor is more concerned herein than the Sub&s;cri|bing Creditors.</P>
<P>If the major part of Sir <HI>Robert Vyner's</HI> Creditors have Sub&s;cribed? The other Creditors are not again&s;t their being &s;atisfied accordingly, but they hope they &s;hall not be thereby Concluded; and if they are but <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> f<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">w, the Executor may more ea&s;ily comply with them; And Sir <HI>Robert</HI> and his Son being Dead, it is but rea&s;onable that his E&s;tate both Real and per&s;onal &s;hould be Di&s;covered, (the Executor having hitherto not given in any Inventory, or an&s;wered any Bill in Chancery for Di&s;covery thereof) and that the whole E&s;tate &s;hould go to pay the ju&s;t Debts, and not to inrich the Executor, or his Accomplices; nor to be Di|vided among&s;t &s;everal Relations, and Four Ho&s;pitals, according to Sir <HI>Robert's</HI> Will: And if tho&s;e Credi|tors who have Signed tho&s;e former Propo&s;als, Exhibit a Bill in Chancery again&s;t the Executor, either that tho&s;e Propo&s;als &s;hould be void or performed, their bu&s;ine&s;s will be quickly ended without an Act of Par|liament.</P>
<P>&rindx; Several of Sir <HI>Robert Vyner's</HI> Creditors have Judgments, and &s;ome have extended &s;everal Lands and Tenements of Sir <HI>Robert's</HI> for their Debts, and Sir <HI>Robert</HI> in his Will hath Ordered that the Incumbrances &s;hould be fir&s;t paid, and Sir <HI>Robert</HI> in his life-time did agree with &s;everal of the Creditors (who now Pro&s;<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">cute) for paying them their whole money; and Mr. <HI>Edwards</HI> (a Creditor of Sir <HI>Robert's</HI>) had long &s;ince received his Debt out of Sir <HI>Robert's</HI> E&s;tate, if the Law had not been perverted, and his Pro|ceedings mo&s;t unju&s;tly and barbarou&s;ly granted by a Privy Seal from the late King <HI>James</HI> to <HI>Richard Beauvoyr</HI> E&s;q; in tru&s;t for Sir <HI>Robert</HI> him&s;elf, contrary to all Law and Ju&s;tice, (and Mr. <HI>Ru&s;&s;el</HI> (another of Sir <HI>Robert Vyner's</HI> Creditors) had al&s;o long &s;ince received his Debt, if that Privy Seal had not prevented him; and after &s;uch hard U&s;uage to have the Provi&s;o expunged to oblige the Executor, and to injure real Creditors, is very unrea&s;onable.</P>
<P>&rindx; Sir <HI>Robert</HI> in his life-time always made Complaint of his Lo&s;&s;es by the late King <HI>Charles</HI> the II., and his Executor revives the &s;ame Complaint, although there is no need; for Sir <HI>Robert (Con&s;ideratis Con&s;ide|randis)</HI> was a great Gainer. Sir <HI>Robert</HI> began his Concerns with his late Maje&s;ty, in 1660 and Lent his late Maje&s;ty Mony; and in the Year 1667. he had 14 Hundred Thou&s;and pounds in his Maje&s;ties Hands; and he had for the mo&s;t part 12 <HI>per Cent</HI> and never le&s;s then 10 <HI>per Cent.</HI> and Intere&s;t often ca&s;t up and made Principal; and after this rate, before the Exchequer was &s;hut up; it will appear by the Accompts &s;<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ated from time to time, that he was at lea&s;t 2 Hundred Thou&s;and pounds Gainer before the time of &s;hut|ting up the Exchequer; and Sir <HI>Robert</HI> being fearful of a pro&s;ecution for his extorting U&s;ury, did in <HI>Sep|tember</HI> 1672 procure his Pardon for U&s;ury.</P>
<P>&rindx; The Exchequer was &s;hut up in <HI>December</HI> 1671. and Sir <HI>Robert's</HI> Accompts were &s;tated and made up to the 1&s;t. of <HI>January</HI> 1676 (being 5 Years after) and Sir <HI>Robert</HI> had Privy Seals for Gratuities and Rewards, and for keeping Money in readine&s;s, and &s;uch like Contrivances, in&s;erted in that Accompt, which amount to above 100000 <HI>l.</HI> clear Gains, as will appear by that Accompt, which is now in the hands of Mr. <HI>Aldworth:</HI> And &s;ome of the Creditors did in Sir <HI>Robirt Vyner's</HI> life-time, after they had peru&s;ed that Accompt, Petition the then Lords of the Trea&s;ury for a Copy thereof, which the Lords were plea|&s;ed to Grant, and it was Copyed by Mr. <HI>Aldworth;</HI> But before the Creditors could obtain the Copy, Sir <HI>Robert</HI> got an Order privately to hinder the &s;ame.</P>
<P>&rindx; That Accompt with the afore&s;aid Gains in&s;erted, amuonted to 416724 <HI>l.</HI> 13 <HI>s.</HI> 1 <HI>d.</HI> halfpenny: And Sir <HI>Robert</HI> in his life time A&s;&s;igned all that (except 60000 <HI>l.</HI> and the Intere&s;t thereof from <HI>Lady-Day</HI> 1683.) to his Creditors for full value, and took up his Bonds; &s;o that he hath already a&s;&s;ign'd Forty Thou&s;and pounds more than he had in the Exchequer when the Exchequer was &s;hut up; &amp; now according to their own Paper, as many Creditors have Signed to take 80 <HI>l. per Cent</HI> by A&s;&s;ignments, to the value of 60000 <HI>l.</HI> which will almo&s;t clear the remainder; and Sir <HI>Robert</HI> was always more behind with his Creditors for In|tre&s;t than the Exchequer was with him, whereby his Gains are clear without lo&s;s.</P>
<P><HI>Whither (the&s;e things being Con&s;idered) Sir</HI> Robert Vyner's <HI>Concerns, ought not to be Excepted out of the Bankrupts Bill, is humbly offered.</HI></P>
<PB REF="2" MS="y">
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