• Reference
    RO5/387
  • Title
    Decree Master of the Rolls, Mr Bramston, Mr Hobart Richard Conquest esquire, plaintiff v. Edward Wyld esquire defendant
  • Date free text
    Thurs 28 Jan 1668/9
  • Production date
    From: 1668 To: 1669
  • Scope and Content
    On hearing the causes 27 June 17 Charles [II 1665] court declared neither cause proper for this court except for preserving testimony of Witnesses; commission to be awarded to Sir Willliam Palmer of Worden Street, Bedfordshire, knight; Sir Henry Chester KB, Thomas Snagg, Richard Edwards esquire and William Scott gentleman to determine the same and their award to be confirmed by Decree of this court. Award 18 January 16 Charles [II 1665] returned to this court, awarded mutual releases of actions; Wyld put in frivolous exceptions thus stopping Conquest drawing up decree; Conquest put in exception to part of award directing him to make general release of all actions to the date of the award as no such matter was referred and making such releases would bar him from the benefit of the said award and from several other demands from the said Wyld not in question. Exceptions heard before late Lord Chancellor 15 May 18 Charles II [1666] and referred back to referees to consider whether they intended to award to comprehend matters other than those in question in this court and that the release awarded should bar the plaintiff of anything awarded or not referred to and whether said award charges defendant's lands (not previously chargeable) to pay rents to plaintiff. Plaintiff has made several applications to referees to end business without success; Chester since deceased; defendant has Injunction by order of 28 November 18 Charles II [1666] to stop all plaintiff's suits at law for the said rents. Mr Rich, plaintiff's counsel, requested that award, as to matters therein determined which were referred, should be settled by decree of this court and the releases set aside and Injunction dissolved. Now ordered in the presence of Mr Peck and Mr Whitlocke, counsel for the defendant that Wyld's clerk shall show cause on Thursday next why it should not be ordered as desired.
  • Level of description
    item