. r "i g ,~;\'4 .. . I P E " i * 'i?v,i..:-~~;- -' H J .1, . i . ,‘,1 V7‘ i»:‘t.:.. »-. , In Relation-hfthe , ~;\\*~ N \ g 1 ‘ 4 / _:,;::' i z;».-«.-‘. ' ‘ y .. _ v-v_-_ '= 1 :~ _ .' ” ;'.‘ ‘, .'.' ;j-,' v.“-" - ' . ‘ i 5 ._ Q. - .§ » ii ' i * ,_ ., ‘ , ~ .. .~' ., -.- . V . 1 _y_ ._ ’ :. —~ A. I I g . I g A , , _ V ,. . g ‘- .' ..~‘ ' ’- ,\"‘ J- - "is? ' V T4. ' . '* ' , . . . . . *4 . ‘ -= .-r '_ *-~“"._ - V , _.y., 4;,‘ - 3,4: .3; ; I — » - . ,,_ ,_ ~ 0 o i . K * ‘ ‘ . , - _ .. ~ 7 . V V _ , ' 3 -5’ ‘_ I . ‘ . . .- . ' ~ 1 i ; . . , ' . "1, '1 . 2 - ._"_ ' . . ' ' .4 A ‘ A’ I ‘-3 "'5 ’ I i "V . ' - . 3 ‘ ‘I . . ‘-, we ‘ V . . 6 Q,’ . ~ ‘P’:- , 3 r V . ‘ ,f , H A R LES late Lord Lczg/z_2czrr.:’,i. being greatly ,Ind_cbted, japplyed to Sir folm Cutler, to fupply him \‘#?.‘_l'3ff§Mony ; ,\.Vher_eupon Sir jio/an Lent him, 65oo I. And had fome Mortgages of yfome pgirt of his _Lordihip’s t T. y S Efiate‘ Aflign’d over to’ him, and _othérs Intrult for hini’, Defeazanced for payment of the {aid 6 5-00 I. at 6 1. per C_E’m‘lI1i‘L‘€1‘€fi , and fuch other Monies’ he Ihould afterwards Lend, and pay to, a11d_fQ!.‘, his Lordihip. _ “ . 6 1 , _ , By the {aid 6500 Z. and Iiitereft, and other Monies, L6“ and Paid; ‘$116 D€.b.l3 Waslnczreafiéd" to T0000 1. which his Lordlhip by Writing, under Hand and Seal, acknowledged to be Due, and to be fecuredyvitli Intereftfrom that Day. By the {aid Mony and Interelt, and otl1er*7;fgI;g513y Lem and Paid, it was 1,,;@. 6 to I 5650 1. ,«And his Lord1hipcc&Agreed,,I11atcr éhewfiunecl xvasaflue, ‘angd to ‘be;Paid ' Walith Intereft, 1‘ ‘ V S J A ‘mitlxator ,, . .. “ 6 . c 6 S _ D His Lordfl1ipha§v’ing ob‘tain’d A Decree in C/aancmy, againft one Mr. I-[racial/e/Eon, for 10000 I. but agreed to accept of 666 1, and Mr, Ha;///Cflvfl h3i’iIJg gi- Veulfis L01-dfhjp sewrity for 1;, by a Statute and Mortgage, o.f“_tl1e Equity of Redemption of his Eflate in fork/bite and Oxforz[[72zz_'e_ ;V (which Was then‘ in Mortgage to Sir T/ya. Bycle and others, and Charged with 3ooo 1. to Hazl- olldlmfs Wife, iffllé furvived him;) at his Lordihips defire, and 111 Ofdfir $0 i fetVestshim~Sir"}bI§n‘Ciufler agreedto Lend his Lordfhip _zooo Z. more,‘ and takfi an Afiignxiient of that fecurity his Lordihip had upon, Mr. Hm/cl/e/}on’s Eflate, and accordingly he did fo do, ; And thereupon‘, , Q His Lordfhip, by Writing under Hand and Seal, Agreed the faid 6 66 1. be 1 2. Ma‘;-. Ii68ce And his Lordihip’s Debt was then deducited out of his Debt; and it was fo : 6 ,_ _ _ ‘ ‘ Adjufied (by the 2.000 1. Lent, and Intereftvof the former Debt to that days) at 1,1550 1. which was acknowledged and agreed to be due. _ 6 _ g 6 V But lcait Mr. _Hudd[c=/lon’s Eftate ihould prove infuflicientg 170 AIIWVGY that 6 366 Z. by Reafon of the precedent Charges u A _, 4 (in the Aflignment of his Securities from Hug]?/leflon) That his Lordfhips own Eftate ihould land a Security flill, to Sir 3'0/m, for the 6366 Z. and Inrereir. 10 Feb. 1677. 2.7 Dec. 1,673. on it. The Lord Laumrre agreed . Sir ffolm Cuitlerr (having by his Lordfli'ipsiOrdet, Paid 1000 1- F0 fill“? O{{:1I10- 17 Feb» I68’ 1- the, Mortgage upon other part of his Lordihips Eftate, and lent to, and paid for, him other Monies.) his Lordlhip and Sir 70/212 Adjufled the Account OF the Debt. due to Sir 70/2:2; and by the ifaid-11650 Z. andlnterefl‘, and the faid rooo Z. and S other Monies lent, theDebt was Increafed to 169501. and it was acknowledged by his Lordihip to bedue, and to be ficured by the Securities him given; and paid with Intereit from that day. . i _ y ‘ .k ,, I *l,’_-“,{;_\9 .. .. - - "3, *1, t . . . ~ , » 1 . L‘ .. 4 1.7 1:7eI;.,~e‘; 682.. .By Account then Stated, the V r the Debt was increafed to 18087. I". iliitis Hand and Seal, it was agreedifi§;_e“1i BY ACC0;“11t the“ Stated: $116 fail and other Mohy‘ i1ilent ,; _ the Debtwas increafed to 20721 1.7:‘ K C C’ C Hand and Seal, it was agreed to day. ~ . By Account then‘ Statedjtlie Deb,,tLri uq;§der l1issI;ollrd’il%1ipsiHa‘i1Td and Seal ? " W \;5itl1.Ir1te.rel°t._from that day. .r»~.. * As Sir _'}'0/E7}: C‘-mf/er had never ‘:1?-A » I i S. . _ ,,,,,- 1~ A .~.. . ’ ,. "5 ‘S’ Interelhfo he did not Receive any T * ¢b l5C}f\ zojzr 1. £5 5. in Thr€C; « And in 3724!} I687. his Lordlhip defirefig ‘to he'?Iu.pp;lied‘?Xvitl1 iv i have his Interefi funk to}; :1. per 70/.mi ‘ wiierefl-; go gram. 1 5g7,upon his Lordfhip and Sn: 3'01»: ratfju , t’lt@e*'.A;’€CO“u11t An” t the 54 Z. r..o:{, and Intereft of it, and by the 6 before take y . {hips Accompt, and Intereft of Z. thenlent and yfomeslother - Sums due from his Lordfhip to S _'}"0/an, =Adjuf‘ted at 35720 L and further * Security ; by I-Iarid Seal, _all‘}thef Securities.tl;i’ 310/)» had from his Lord lhip, Wet? .P3Y!TI€nli7rs-rdf73'itl§*iat 73 §7LO’iifZ..l Cm’ Intereft at 5' 1. per ' cm ; and agreed his Three Years Time to pay it in, ofthe ‘Many .i,i1. Months Notice. C ~ . L l r ‘ e v C e ‘And liis~Lordihip then took a* from~'Sir‘ }'oIm', W declaring L that the jfaidfl ’63’fi6_6 3 ...[g’§¢fefi.5jrwasr~"ineluded that D56: ‘ 2*: \- ._. s- .. ,- 5:. i . AM N 3 d gave} New sraeute of#.2oooo;.;1’i"’7?i'.;@f 4 Tad this an Ac¢ssatsrtr;»¢e%'i byliis "Lordlhip, and by his own Co‘ ‘ s fled to do the fame, and make all Writings between his Lrdihip ‘and I1 . And during his Lordlhips Life, no Objeétion was made by him to Sir film; but the {aid Accompt acquielled in : And in Truth the now Lord Lawarre was privy to almoft all thofe Tranfaétions. i - Qt : T H A T Sir }'0/an Cutler never refufed to accept his Mony; and if he did Re- ‘ fufe to difcover the particulars of it, he C9flC€‘iVCS he had good Reafon ; the fame being adjufted as aforefaid. J . T H A T the now Lord Lawarrc, after his Fathers Death, did exhibite his Bill (ftuffed with fuch pretences as are ufual) in Chancery. But the fame being immedi- ately upon the Revolution, and all things in hurry; Sir Eolm did not think fit to Anfwer for fome time ; But afterwards he did voluntarily do it ; and by his An-‘ . fiver fet forth all the {aid Accounts Stated, and Matters aforefaid, and infifled there- on, as duly and fairly Stated, without any Fraud whatfoever, " and fubmitted to accept his 357201. and Intereft, and R€C0nVey : And alfo fetforth, that he had paid to B)/z/6 and others (S000 .6001. and Intereft, and toMrs.HudJleflan andSir C/mm Cooper (her Adminilirator) 1116 fi11‘ViVing her Husband 3ooo Z. and Interefi, which Mr. Hut/z/leflons Eltate was Mortgagedrfor, and that the fame ought alfo to be paid to him; and upon fuch fatisfaéition he would Convey and Accompt 5017 the profits of Mr. Hudr/[tj}0n’5 Oxforc/fl7z'rc Ellate: (Which he had Entred upon) and Convey as the Court fhould direét. ‘ 4 t THAT Sir jolm made due Proof of all the {aid Accompts and Writings,frorn 1:113 ._ 7 AP, I 69 1- late Lord Clyarles. And the Caule came to hearing in the Court of Changer)/: But the Court upon the hearing; when fome matters were Infified upon by thé L0_1'ydy Lawm-re, which Sir §‘olm was not apprized of, and which he can (were he pcrmlf‘. ted thereto) fufficiently Anfiver (as he humbly hopes) did think fit to Order ,4‘ A not «av and atria. Many clearly . _ F ~ Writings’ under his «be paid with y;I11terel’c;..r._ from s g under‘ l1i‘§- 12:9 be paid with Intereit. from A /,a. ' i*’€€>.:-.2. 13 544 Z. I :5. Andélf§yW?it.in~ iéiiic r... - 4-, . , fl‘. ‘ . V! . ~V’;____,’ iii,» __ > If . If . -" E Z - s ex» . r*"“~¥" __.........;- ‘Join’ ,...<._..'.....r..:m.;..:¢-a.e.=.- flat Ojgly the 1395 ,:gCCO,,;,Pp of 31,,” 16 8 7. _fb,f1t all the precedent Accornpts fince *2 Fchrzavry i677. to be laid open; and Referred it‘ to a Malter, to Examine the par» ’ ticuiars of ‘each lhccouiit, and to State the matter iipon By,/c5_ gh/lortgage; and that hit ‘fiche llialilrmaltie out ,what,Monies lie/really advanced, or paid 110 , Of f0f.§ The late Lord Lczwrzrre, fince Fehramy 16777. Wliereat Sir jiohh being aggrieved, as xlvellifor that the iirid Stated Accounts are i‘, fer aiide, as for that no provifion was made fer his being fatisfied the 3000 /. and lntereii, paid ‘Mrs, ffm/5/[cfioh and her Adniinillrator; and fo by confequence mull. looie it. '0 _ Sir flvhrz Car/er ( defiring upo \ . _ ,, fie. ,....u2'.3'~‘5 n a Re-liearing to give fatisfacfiion to ‘the’ Coltirt, Qin filth matters as had been Obje<9ted 2lg2lil1ih»h’llIl ) Entred ‘a Caveat. as is ufual ’i againli Signing and Enrolling the Decree ; and prefented ‘a Pet1tion_to the 0 Court (Signed by Mr. Solicitor General and «filter Council, Wl1lCl1 had been in the Caufé) in Azrgufl tan (before any thingiivas done upon the faid Decree)‘ letting‘ v forth his Calé at large in effefl: (as herein; ) that he didmhope he lhould give . ‘ C the Court full nnsnttion, whereby to ihew that What had been done, between the l_ 1313 Lord and him, was Honeft and }'ul‘t; and therefore prayed. , That the Court W§01ild V’oL1cl1fai”eh to Grant a Reid-hearing of the Caufe, at fuch time as lhould be ,1 Ihought fit 5 and expected to have obtained fifth a Re-hearing, iwhereby he might ! i "haVesfatisfiedithat Court in the matter of his Petitidn, andalfo Vitidicated his Re- C putation , which, as he is informed, hathbecn much Reflieéied upon , in this Aflair. 3 ~ But, the Court was not pleafed to‘Gtant ah Rehearing, but permitted the Decree to be Signed and Enrolled: Whereupon Sirfohn Cutler, fuppofing‘ a lpeedy pro- " ifecution would be upon the Decree! zadvifedgwhat was fit for» him to do ;_ he being i W (as he conceived) fo much Injure_d;‘ and =‘~ being by the late Lord Lawarrc’y Dea'th,;” deprived of the benefit of his Anfwer ‘( which would have Declared the whole Truth) Was upon’ the .whole matter, advifed to Sign fome Writing, Iniifling upon his Pri-A Viledge, and the Reafbn why he did fo, for this Agents to make ufe or“, Wlien a- ny proceeding fhould be upon the Decreve,,_y;1g if i. r — pp p ,_ ., L _y W i T H A T :14’ Lord Lawarrc’s flgents dr‘ ’not,fi1r,or do,any thing upon the De.‘ ‘ta-h~e,~-E»i-ll about W rFyortnight before itheend oflaflt Michaelmar Term, when one or i tviro.—Warrants were taken out from the Mafter; and Sir }‘oIm’s Agent did once at- tend, to fee what was g expeéfed to be done ,' and the Mafter dircétcd Sir 701922 to ‘bring in his Accompt and Charge, purfuant ti) the {aid Decree,‘ by the 24th of No; tzemher laft ; but Sir 70/in was not before the Mailer himfelf, nor his Agents at any other time; norldid they obtain any time (other than bythe faid Mailers’ appoint- ment as aforefaid) nor did promilé to bring inany Charge .- Nor did Sir in/an ever at all confent to /wave his Privilcdge, otlierwilé than as he did voluntarily an- fwer the faid Bill, and permit a Proceeding to the Hearing as betbre,‘ , b V B U T he being by the faid Decree, if it ihofild be purfiied‘, like to be deprived, ‘to the Value of r» oooo I. and upwards, of the Debt, jufily due to him; And as he is a Member of this Houfe, being (as advifed) in no Capacity of Redrcfs by Appeal :’ He hatlithought fit to infill upon his Pliviledge; and for that Purpofe, his A- gent on the faid 94th of Nowmhcf , before any further Proceedings ion the! a Decree, gave -a Copy ofthpe {aid «Writing to the Lord Lan‘>a«rre’sll Agents’, which Writing is as followeth, r g, C . ’ ‘ s , ' ")“"-° ““‘-mm . _ ._ A_A‘v*‘#y~g‘,.n, —..‘f“,_«___,,, -. -.~__V__‘.v‘__.v‘.,_V." _ , ‘NM g I --x\_\_._ .’’r X-« ,. ’ ‘l y H E R E A S, I Sir John Cutler /'l’n2'g}_;r”’ci7:za’ Baronet (rt .Mcmhc°2' of the [he norahle.Houfe cf Commons) am azl'vzfi'J my C'mnciZ, that Chairs and Canfe to Appeal from a Decree mac/e hy th: Lon/5 Commifjfi9ncr5,i‘ fbr the Cu/fora of «the Great Seal, the .27th :14} of April Zafl pafl, in a Caufc A wheréin the Right Hoxoo rahle John Lord Lawarre is Plaintifr agczinfl minds Arm’ whereas I have Jul} app[)'ea' to the flzicl Lam’: Cammzffloncrs for a R6-hearing ofthe filial Ccrufé ; And, in my Petition,’ lSz'gnea’ h} my Council, jhewezl to their Lorz//hips. ihc particular Matters wherein I am Gricmed ; and for which the filial Caufl? ought. to he Ree-hca'rzl. Which Petition .f/J€l'F,Lordjhip5 ha-ve heehp/cqflvd to Rejer‘I‘,' mm.’ math to’ Grant at Re-3/scaring 5 h;_4'rr_hwve; ~ i . . peimirtezl .' \‘ .’ V ' K‘ A ‘:9 ‘A?’ Q’ ,4‘. ‘Vi A .Aaflwna .AmQmn \ permitted we 6 Decrée to ée Signed an Enroll’;/:-; Ami’ for filixilf-13553”. Hmmgzze, « Houfe of Commons, do not (as I tam at/*vzfi’a’) perm: m«2y’of’t/aein I‘;/lenabers to A2). ii " _ of Eqllity‘, iv/zvereiy I a;4¢,<;n ‘ fort, /Jereéy declare, That 1 do 2'2“:/if} on my P;-img. T pen! to the Houfe of Peers, againfl Decrees in Oazarts prefent without Remedy. I :10 flycre ledge, as zz Meméer of the Houfe of Commons, to prevent azg/fnrrlyer Prnce in the _fl1ia' Caufl’, until cm Opportunity can 56 12:15/for my fi’€/king ]w3.€[Ze_f*; Am{ fare I do deflre you to take Notice, 2712: éeirzg the 2.2.2‘/2 {la} afAugui’t, 1691. A T/nztttlze Matters Complained of Z} the Lam’ Lawarre, are, I . BEcaufe the on 6 36 6 Z. and Interelt was brought into the Accompt of 1687, which the Court; faidrought not to, have been.- 2. Becaule the Particulars of tlistakyteral Accornpts Stated, didnot appear. I A; to tl:e_Fz'r/},That the 6 3 6 61. and lntereit wasJ'ult~lv in I 6 87, taken into the At:-- { COWPI, and ought lb jtobe, for tlT,it was deducted out of the Lord Lawtzrrds flea- compt in 1680 ; buthis Eltate wa die/z‘on’s Eftate fail’d. , ~ And Mrs.Hudz1!cflon’s Money Charged upon Hnz/a//eflon’s, Efta_te,being becomedue 7( by her furviving her Husband; andfo, thefulficiencyof Hat/c//e,?on’sEitate queltioned and it not being pretended that the 6 3 6 6 1. was ever before brought into any precedent P l " Accompt. It was but Reafonable_andJL1l‘c to bringit into the lalt and 51111 Accompt of the Lord Lawarre: And the late Lad Lawarre was fatisfied with the Iuftice ofthat Matter, and confented to it, andlhaving been once before deduéted, left it lhould‘ P terwards upon Death of the Parties, or otherwife, be objeeted not to be taken in. The late Lord Lawarre, was fo careful to takea Writing from Sir jlolm, to ihew it was included in the 35720 1. 6 P edzrzgr A fh€F€- ;“g e "l "er-i’: {hill tied to fecure and make it good, il‘Hn.%l— 6 And Sir 70/m Cut/er had prejudice enough to be without his lnterelt of that do 1 366, h from 1680, to 1687 ; and never received a Penny of it. _ As to the Steam], That notwithftandin the Lord Lawarre’s great Complapiufieg and (}la;nour' of F raud, and Surprize;§“ie‘ihat 1 prqwsred no Caufc for eitinore Error - or 5 n.- — jullt Charge by Sir }*qIm;e ‘ upon‘ g ,4, “_ — V . ; f And after I 6 Years, and fo many "Sums of Money lent and p ;.d§ 5_=‘11d:fi.1Cl1 fid- jufiments made ofAccompts (upon Examination by the late Lord and l1IS ownCoun- cil) under Hand and Seal: It is conceived, Particulars of thofe Accompts, ought , not now to be enquired into, or at all Examined. And it is the Nature of all Ac- vcompts‘ Stated to be final; and that Particulars before may not be examined into. And efpecially, as this Cafe now is, Wh€rC th6.jL0fd L4W"’€ is d€3<_1; 311def0 the Benefit of his Oath cannotbe hadlib m3k€ any thing 3PPear:_. 5113,31! 5.0/9" fl10u1‘»l fail“ in making out. And after Acdéxnpts Stated, it cannioti be imagined Sn: 3019» was fqcareful to keep allVouche;s, and Papers to make out his Payment,nor.» can it be ex- pefifid he ihould. But however the Lord Lamarfc’S Petition to the Honfe of .C'0m- ’ mom, Particularizing no other Error, but in the {aid 6 3.66 1. Sir 3'0/an is willing any way whatfoever, to give both to and a] l Mankind fitisfaétion in the Mat» ter of the faid 6 366 as alfo touching the 30001; omitted to be allowed him by the faid Decree, that they arejuft, and ought §o,:b€ 31.10W€d;3nd 3K0 to giV€ him fa- tisfaéition in any thing he lhdll defire, touching the {aid Accompts. Sir john Cutler conceiving hirrfelf. to be ,1 lo greatly‘ injured, cannot confent to WW6 his Privilcdge, for. ,that the “Court of Chancery hath refufed to Re- heat‘ the Caule; and Sir i }’o‘bn being a Member. of the Honorable Houfl: of Corinmom, cannot without the Order of that Houfi, bring his, Appeal in..the rm/e err»,-4;. 6 P N I~$. a ‘W. .... RARE KD 371 . V7 C8 1691 our Inoouu - counnu ELL SPC RRE RARE KD371.V7 C8 1691 Vllllllllllllllllllll O-007243627 01