THE CASE OF THOMAS ROWNEY Gent. Executor of EDWARD TWYFORD Gent. In trust for the said TWYFORD's Children. THE said Edward Twyford about Michaelmas Term 1669, being aged; infirm and indebted to several persons, Agrees to sell the Manor of North-Moor, with the Appurtenances, in the County of Oxford, to Edmond Warcupp Esq; (now Sir Edmond Warcupp Knight,) for payment of his Debts, and raising Portions for his Children. And Articles of Agreement were made between them therein; At which time there were Suits depending in Twyford's Name, touching the Enclosing of two large Commons part of the said Manor and which since the Purchase, are enclosed accordingly. Sir Edmond Warcupp at the first Discourse, much pressed to have a Particular, but Mr. Twyford. being then in London, Declared he was not able to make one, but however, at Sir Edmond Warcupp's Importunity, Did as well as he could, make a Particular, and delivered it to Sir Edmond Warcupp, By which the Premises at twenty years' Purchase (which is the usual Rate in that Country) came to 9600 l. But Sir Edmond Warcupp refusing to purchase at those Terms, the Particular was wholly laid aside, and the Parties agreed by the Lump; and Sir Edmond Warcupp was only to give 6500 l. for the Purchase; so much having been before offered for it by others. Nevertheless, when the Articles came to be Sealed, Sir Edmond Warcupp had Annexed the said Particular thereto, and had also inserted a Covenant into the Articles, that Twyford should make good the said Particular, both as to the quantity and quality. But Twyford positively refused to Seal the Articles, until Sir Edmond Warcupp promised that no other use should be made of the said Particular, other than to find out the purchased Lands. The Articles being thus Sealed, the Conveyances were for some time respited at Sir Edmond Warcupp's desire, lest the Suits then depending, touching the said Enclosures should abate. But the Conveyances being afterwards Sealed, and the Purchase Money not paid, Twyford in 1673, Exhibited his Bill in Chancery against Sir Edmond Warcupp to have his Purchase Money paid, To which the said Sir Edmond Warcupp put in a very long Answer, and also for vexation, Exhibited a long cross Bill against the said Twyford, to have an Allowance for pretended Defects in the Particular, and for the Charges of Enclosing the said Commons which were agreed to be done at his own Charge: And several Witnesses were Examined in the Case to Twyford's great Charge. Sir Edmond Warcupp (who was a privileged person in Chancery) endeavouring by the said long Bill, Answer, and Depositions, to disable the said Twyford from prosecuting his said Suit; who had no other Estate to pay his Debts, or to maintain, or provide for himself and seven Children than what was in Sir Edmond Warcupp's hands. That the said Twyford at last by the Assistance of Friends brought the said Cause to Hearing in Hillary Term 1675, and obtained a Decree for the Payment of the Arrear Purchase-Money, but before the said Decretal Order was drawn up, the said Twyford died, having made the said Rowney his Executor in Trust for his Children. That Sir Edmond Warcupp entered a CAVEAT against the Probate of the said Will, and also Moved against the Inrolling of the said Decree, but the Will being proved, and the Decree Enrolled, he after Exhibits a Bill of Review against the said Rowney of 120 sheets of Paper, and assigned fifteen Errors, which upon a long Debate by Council were overruled about eight years since. That ever since the overruling the said Errors, the said Rowney hath been labouring to bring Sir Edmond Warcupp to an Account before the Master, and to that purpose hath taken out above 60 Warrants, and served Sir Edmond Warcupp therewith, but cannot yet get the Account stated. That Sir Edmond Warcupp hath endeavoured to prove Payment of the Purchase Money by several mistaken Acquittances, which being disallowed by the Master, Sir Edmond Warcupp for further delay hath Appealed from the said Decree to the House of Peers. That the said Rowney never received one penny of the Estate of the said Twyford, but hath expended above 300 l. in the prosecuting of the said Suit on the behalf of the Poor Children. That there is at least 1500 l. of the Purchase Money besides Interest since Sealing the said Articles, in the hands of the said Sir Edmond Warcupp, and the Poor Children of the said Twyford want Bread.