THat your Petitioner hath paid, as Surety, the sum of Three thousand pounds for the Debts of Sir Peter Temple, Knight and Baronet, late deceased; and is engaged for other great sums for him.

For the payment whereof, there was a setled Agreement betwixt Sir Richard Temple Baronet, his son and heir, and divers Creditors whom he made Trustees for the payment of his Debts.

The said Sir Richard Temple hath obtained the said Agreement into his own custody.

To discover which, your Petitioner did long ago prefer his Bill in Equity; to which the said Sir Richard Temple did appear in the time of the late Prorogation, yet stood in contempt; and now stands upon his priviledge: So that your Petitioner and his whole Fa­mily are inevitably ruined, if not speedily relieved by your Honours, as by the Cafe annexed appeareth.

IN all humbleness shewing, That by Articles indented and made, by and between the aforesaid Sir Peter Temple, Dame Christian Temple his wife, and Richard Temple son and heir of the said Sir Peter Temple, of the one part; and George Coney Esquire, John Holcroft Esq Henry Sandys Esq Harman Beckman Esq Francis Harrington, and others, the Creditors of the said Sir Peter Temple of the other part, bearing date the 15th day of August, 1653. It was provided and agreed, That the Lands of the said Sir Peter Temple, of the yearly value of 3800 l and the Woods growing upon the same, worth 10000 l should be sold, or so disposed of for payment of the Debts of the said Sir Peter Temple; as well to the persons in the said Articles indented mentioned, as to other the Creditors of the said Sir Peter; and for the discharge of such Surety or Sureties of the said Sir Peter, who by Action or Execu­tion were, or might be charged for the Debt of the said Sir Peter; as in and by the said Articles (if the same might be produced) would more fully appear.

That for the better performance of the said Articles, and provision to be made for the payment of the Debts of the said Sir Peter, and discharge of his Sureties as aforesaid, the said Sir Richard, when he came of full age, made another Indenture between himself and Dame Christian Temple of the one part, and the Creditors aforesaid, and all other Creditors of Sir Peter Temple, deceased, of the other part: And thereupon a Fine was levied, and a Recovery suffered by the said Sir Richard Temple in Easter Term, in the year of our Lord 1655, of the Manors and Lands in the said Articles mentioned, for the end to satisfie the said Sir Peter's Debts.

That the said Sir Richard Temple afterwards compounded for part of the said Scheduled Debts of the said Sir Peter, to the value of 10000 l at 7 s—6 d the pound, as this Petitioner is informed, but did not pay many of the aforesaid Creditors mentioned in the afore­said Articles, for which your Petitioner was Surety for the said Sir Peter Temple deceased, who hath since been inforced to pay the same; and yet the said Sir Richard hath gained and gotten into possession of the said Estate of the said Sir Peter, of the yearly value aforesaid; and hath not taken any order to indempnifie your Petitioner, or to satisfie many of the Scheduled Creditors of their just Debts; or to make any provision for the payment of the said Debts to your Petitioner, being a Surety for Sir Peter, as aforesaid, for which he hath been since sued, and inforced to pay a great part of them, and is inevitably presently upon the ruine of himself and his whole family thereby.

For asmuch as your Petitioner is remediless, but in this High and Honourable Court; being also sued at this time for several other Debts of the said Sir Peter Temple's, as his Surety, to his inevitable ruine and undoing suddenly: Yet the said Sir Richard Temple (being a Member of this House, and pleading his Priviledge) refuseth to make satisfaction, notwithstanding your Petitioner preferred his Bill in Chancery against him, who appeared thereunto since the late Prorogation of this Parliament, yet hath put in no Answer thereunto.

May it therefore please your Honours (the premises considered) that the Delayes of the said Sir Richard Temple, tending to the present ruine of your Petitioner, may not be made use of to defeat your Petitioner what is justly due unto him, for Moneys lent unto the said Sir Peter Temple, Debts paid for him, or Securities entred into for him, not yet satisfied; but that such of the said Lands and Woods, setled as aforesaid, may be speedily sold, and the Lands may be setled according to the Articles for Payment and Indempnity of your Petitioner: And that the said Sir Richard Temple may answer the Premises; or that your Honours will cause the Lands so setled, as aforesaid, to be imployed to the discharge of your Petitioner, and other the Creditors, according to the Articles and Fine; As to your great Wisdoms shall seem meet.