THE Substance of the Earl of Radnor's Petition, is, That the Earl, in Right of his Countess, Daughter of Sir John Cutler, having great Demands on Mr. Boulter, in relation to the Personal and Real Estate of Sir John Cutler, exhibited a Bill in Chancery above a Year since, which Mr. Boulter should have Answered before Hilary-Term then next following; and, That on Mr. Boulter, promising to comply with the Earl's Demands, the Earl was prevail'd with to stop his Suit.

That Mr. Boulter being since a Member of Parliament, refuseth to satisfie the Earl, and to put in his Answer to the Earl's Bill, although he declared to the Earl, that he did not insist on, but wave his Priviledge, but refuseth to give it under his Hand.

Upon which Petition, it is observed, That it doth not appear by this Petition, what the Earl's pretended Demands were, nor how they are Demandable of Mr. Boulter, whether against him in his own Right, or as he is Executor of Sir John Cutler, or Trustee.

But, Mr. Boulter's Case is thus, (viz.) Sir John Cutler made Mr. Boulter his Executor, and died the 15th. of April, 1693; and by his Will (after his Debts and Legacies paid) gave Mr. Boulter his Kinsman all the rest of his Personal Estate (which by the Custom of London he could give,) one half of which Personal Estate devolved on the Countess the only Daughter of Sir John Cutler, a Freeman of London, as her Customary Part. Of which Mr. Boulter hath paid the Earl 39000 l. and upwards: And Mr. Boulter hath also, in Funeral Expences, by the Earl's Consent and Approbation under his Hand, and by Payment of Debts and Law-Charges, laid out above 7660 l. Which Payments do consist of very many Item's or Particulars, a Moiety of which belongs to the Earl to allow out of his Moiety, and so is in consequence a Payment to him of so much. Besides which, the Earl has enjoyed the Profits of Lands with his Countess, since her Father's Death, amounting to about 14000 l.

And as to the Lands Sir John Cutler, by Deed of Settlement, setled all of it upon Mr. Boulter, and his other Relations, in failure of Issue by his Daughter the Countess.

After Sir John Cutler's Death, there being great Arrears of Rents from Tenants, Mr. Boulter being entitled to Half thereof, and many Rents being desperate, and Tenants poor, the Earl, under Hand and Seal, impowered Mr. Boulter to make Abatements and Discharges as he did see cause. Which he did, pursuant to the Power given him.

In relation to the Accounts of which Estate, (after Mr. Boulter had paid the Earl such great Summs of Money,) the Earl raising many causeless Scruples in many Particulars, Mr. Boulter though it high time to get an Adjustment and Allowance of his Accompts, which were very large, and therefore desired the Earl to adjust the Accompts between them: Which the Earl such great Summs of Money,) the Earl raising many causeless Scruples in many Particulars, Mr. Boulter thought it high time to get an Adjustment and Allowance of his Accompts, which were very large, and therefore desired the Earl to adjust the Accompts between them: Which the Earl delayed, but still pressed Mr. Boulter for more Money; and gave out to his Creditors, That Mr. Boulter ow'd him a great Summ of Money.

This, as Mr. Boulter (who had paid him near the full Moiety of the Receipts) conceived, reflected very much upon him, and made him persist to have his Accompts adjusted. Whereupon, when the Earl could draw no more Money from Mr. Boulter, he brought the Bill in Chancery, in his Petition mentioned, which is near Two Hundred and Fifty Sheets of Paper, complaining that Mr. Boulter would not come to Accompt, and charging therein many things of great Reflection upon Mr. Boulter.

Upon which, Mr. Boulter attended the Earl concerning them; who told Mr. Boulter, That most of the Charges in that Bill was his Councel's In­vention, and against his Knowledge or Intent: And Mr. Boulter still pressed to have the Accompts setled and allowed speedily, (Mr. Boulter being unwilling to leave them unsetled, in case of his Death.) And the Earl promised fair, but Mr. Boulter could get nothing finished, although the Earl made some proceedings; which were only done, as Mr. Boulter conceived, to encline Mr. Boulter to pay him more Money, but in a short time desisted therein.

When the Earl found that he could not prevail with Mr. Boulter to pay him more Money, until the Accompts were actually setled and allowed, and there being considerable of the Personal Estate still standing out, particularly near 20000 l. from William Lenthall, upon a Mortgage of Land in Oxford­shire, and upon the Profits of the Office of Marshal of the King's-Bench; the Earl desired to compass that Debt or Estates to himself, and to have an Assignment of that Security in further part of his Customary Part of Sir John Cutler's Personal Estate. And Mr. Boulter was willing to comply with the Earl's Request, provided he might have his Accompts setled and adjusted, and offered the Earl to abate him 1000 l. of his share of that Debt.

Whereupon the Earl, April 30. 1698. after the Bill Exhibited, Entred into an Agreement under Hand and Seal with Mr. Boulter, that all Accompts between him and Mr. Boulter, relating to the Executorship, and other­wise, should be forthwith Adjusted, and to perform other Matters in that Agreement. But the Accompts are not yet settled by the Earl, nor the other Matters (as Covenanted by the Earl to be done) although Mr. Boulter hath consented to a Marshal at the Earl's Request, and by that Agree­ment, hath let the Earl into Possession of the Profits of the Office of Marshal, on which the Earl hath reserved 1000 l. per Annum, as Mr. Boul­ter is informed; and though the Earl doth not perform that Agree­ment, yet the Earl presseth Mr. Boulter to make him an Assignment of [Page 3] Lenthall's. Land-Security immediately, but procures not Mr. Lenthall to settled his Accompts with Mr. Boulter; nor doth the Earl perform the Agreement that relates to his Covenant for other Matters for Lenthall to do. And Mr. Boulter doth apprehend, that if the should Assign to the Earl the Land-Security, without Settlement of Lenthall's Accompt, it would after Involve Mr. Boulter in Trouble with Lenthall on those un­settled Accompts with Lenthall.

Note, That since the said Agreement, the Earl and Mr. Boulter's Ac­comptants have been Adjusting the Accompts in an amicable Way, and have gone a great way in it; But the Earl will not settle the Accompts, upon pretence Mr. Boulter keeps some Writings touching the Estate in Cambridgeshire; which (as is alledged) the Earl Claims the Inheritance of, by a Gift from Mr. Boulter, to the Earl and Countess; which if it be true, the Earl has the less reason to Complain of Mr. Boulter, being 2500 l. per Annum Inheritance, and being settled on the Countess for her Life, and on her Issue only: And she is Dead without Issue. But the Matter of that Matter touching the Cambridgeshire Estate, is also Controverted.

Wherefore, and in respect of the said Agreement, made long since the Earl's Bill Filed, Mr. Boulter hopeth that this Honourable House will not Interpose, until the Earl hath performed his Agreement made since the Bill Exhibited, relating to the Setling and Adjusting all Accompts of the Executorship, and otherwise, as Agreed to be amicably done, and which are so far forwarded by Mr. Boulter, that Mr. Boulter hath permitted the Earl's own Agent to take a full Accompt thereof, and of the Inventory of the whole Personal Estate, and of all Receipts and Disbursements, and they are all before the Earl, to Allow, or make his particular Objections thereunto; which, as yet, the Earl hath not done; but contrary to his Agreement, would without any Just Cause, engage Mr. Boulter in a Trou­blesom and Chargeable Suit in Chancery.

As to Mr. Boulter's waving his Priviledge, he hath done no Act since he was a Member for any such Purpose; But he believes he might (being asked whether he would insist on his Privilege) say, he believed he should not. But surely, every slight word will not make a Waver of Pri­vilege of a Member.

As to the Matter of the Lord De la Ware and Sir John Cutler, it was thus; Sir John Cutler had put in an Answer in Chancery, and submitted to many Orders to be made in time of Priviledge, without Complaint of any Breach; and afterwards would have resumed his Priviledge;

Which the House would not permit him to do.

In this Case there are only such Words pretended, as before.

Mr. Boulter 's Intent is only to avoid a tedious Suit in Chancery upon Accompt, and have all his Accompts adjusted by a Reference to In­different Persons; which if the Earl refuses, Mr. Boutler being accomptable, in his own Person and Estate, for what he has done touching Sir John Cutler 's Estate: He hopes this Honourable House will not Interpose in this Matter.