THE CASE OF THE Creditors of Sr. Robert Vyner, Occasioned by the new Subscribed Project. THE Proposals which are lately Subscribed 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 Money, 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 couched a design, to get all Judgements and Encumbrances, leveled 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. Robert's Death, declaring that Sr. Robert was not proved a Bankrupt,) Then was Sr. Robert's Will of no effect, and the Executor is only an Intruder, and in the Laws against Bankrupts there are sufficient ways and methods forthwith to compel 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 Encumbrances 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 Encumbrances being first satisfied, etc. And the Executor hath sworn duly to execute that Will, And after the Encumbrances paid, All the Estate Real and Personal aught to go to satisfy the remaining Debts, and after the Debts satisfied, than the overpluss to be disposed of according to Sr. Robert's 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 Nobleman's 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 enforce 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 public 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 Shame Encumbrances 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 compel 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 compel the Creditors to make him an Allowance; The Creditors therefore of Sir Robert Vyner, aught to Petition the High Court of Parliament, that if the said Bill pass, a proviso may be therein inserted, for Excepting the Creditors of Sir Robert Vyner; and that Sir Robert's whole Estate, real and Personal, may be disposed of to trusties, to be by them Sold, and that the Encumbrances may be first paid, and the Remainder equally divided 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.