c. 52. committed as aforefaid: and whereas by an act made in the first year of the reign of his late majesty King George the First, (intituled, An 1 Geo. 1. c. 50. act for appointing commiffioners to inquire of the eftates of cer

tain traitors, and of popish recufants, and of eftates given to fuperftitious ufes, in order to raise money out of them severally for the ufe of the publick) it was enacted, That all and every the caffles, honours, lordships, manors, messuages, lands, tenements, rents, reverfions, fervices, remainders, poffeffions, royalties, franchises, jurifdictions, and privileges whatsoever, and all appurtenances to them, or any of them belonging, or any wife appertaining; and all rights of entry, rights of action, titles, conditions, ufes, trufts, powers, and authorities; and all leafes for life, lives, or years, penfions, annuities, rents, charges, and hereditaments whatsoever, and of what nature er kind foever in Great Britain, Ireland, or elsewhere, whereof any perfon or perfons who, fince the twenty fourth day of June, in the year of our Lord one thousand feven hundred and fifteen, had been attainted, or before the twenty fourth day of June, in the year of our Lord one thousand seven hundred and eighteen, fhould be attainted for high treafon committed before the first day of June, one thousand seven hundred and fixteen, within Great Britain, or elsewhere, was, were, or fhould have been feised or possessed of, or interested in, or intitled unto, on the twenty fourth day of June, one thousand feven hundred and fifteen, or at any time afterwards, in his, her, or their own right, or to his, her, or their own ufe, or whereof any other perfon or perfons was, were, or should have been feifed or poffeffed of, or interested in, to the ufe of, or in truft for them, or any of them, on the faid twenty fourth day of June, one thousand feven hundred and fifteen, or at any time afterwards, fhould fland and be forfeited to his Majefly, his heirs and fucceffors, and fhould be deemed, vefted, and adjudged to be in the actual and real poffeffion of his Majefty, without any office or inquifition thereof, thereafter to be taken or found; all which faid caftles, honours, manors, lands, tenements, rents, reverfions, hereditaments, and other the premiffes, according to the feveral and respective eftates and interefts, which the faid perfons attainted, or to be attainted, within fuch days and times as aforefaid, or any in truft for them, or any of them, or to their or any of their use or uses, had, or should have had therein as aforefaid, were thereby declared and enacted to be fo vefted in his Majefty, his heirs and fucceffors, for the use of the publick: and to the intent that the fame, and the profits and proceed thereof, fhould be difpofed and applied to the ufe and benefit of the publick, and in enfe of his Majefty's good fubjects, according to fuch act and acts of parliament as should thereafter be made and passed in that behalf; and that where any of the perfon or perfons attainted, or to be attainted, within fuch days and times as aforesaid, were feifed of an eftate tail in poffeffion, in any such castles, honours, manors, meffuages, lands, tenements, rents, hereditaments, or other the premises, the fame were thereby enacted and declared to be vested in his Majefty, his heirs and fucceffors, in fee fimple, to the end the fame might be abfolutely fold, difpofed, or applied, according to fuch act or acts of parliament as fhould thereafter be made in that behalf; and all and every perfon and perfons (other than and except all fuch forfeiting perfons as aforefaid,

aforefaid, and the heirs, executors, adminiftrators, and affigns of every of them; and all perfons having or claiming any thing in the premiffes, or any part thereof, to the use of, or in truft for any fuch forfeiting perfons, or their or any of their heirs, executors, or adminiflrators; and fuch persons who had or might claim any eftate, which was in reverfion or remainder, expectant on the determination of any eftate tail, whereof a forfeiting perfon was feifed as aforefaid, on the Jaid twenty fourth day of June, one thoufand feven hundred and fifteen, or at any time fince, always excepted) having any eftate, right, title, intereft, ufe, truft, poffeffion, reverfion, remainder, office, annuity, fervice, rent, debt, benefit, charge, or incumbrance in lato or equity, in, to, out of, or upon any caftles, honours, manors, messuages, lands, tenements, rents, hereditaments, or real estate, or any other the premises in Great Britain, Ireland, or elsewhere, therein before vefted in his Majefly, by or under any fettlement, conveyance, judgment, ftatute, recognizance, extent, or other debt, charge, or incumbrance, affecting the fame eftate, before the respective days and times whereon the fame were vefted in his Majefty as aforefaid, were, on or before the twenty fourth day of June, one thousand seven hundred and feventeen (and which time, by another act of parliament made in the third year of the reign of his faid late Majefty, intituled, An act to inlarge the time for making claims before the com- 3Geo. 1. c. miffioners appointed to inquire of the forfeited eftates, was inlarged to the first day of February, one thousand seven hundred and and feventeen) to enter all their respective claims and demands thereof before certain commiffioners appointed by the faid act, or any four or more of them refiding in England or Scotland respectively, in the manner in the faid act mentioned; or in default thereof, every fuch eftate, right, title, intereft, ufe, poffeffion, reverfion, remainder, office, annuity, fervice, rent, debt, benefit, charge, or incumbrance, in, to, out of, or upon the faid premiffes, or any part thereof, was thereby declared to be null and void; and the eftate or eftates liable unto, or charged therewith, were from thenceforth to be freed, acquitted, and difcharged of and from the fame: and whereas by another act of parliament made in the fourth year of the reign of his faid late majesty 4 Geo. 1.c.8. King George the First (intituled, An act for vefting the forfeited eftates in Great Britain and Ireland in trustees, to be fold for the use of the publick, and for giving relief to lawful creditors, by determining the claims, and for the more effectual bringing into the refpective exchequers the rents and profits of the faid eftates till fold) it was enacted, That all and every the caftles, honours, lordships, manors, meffuages, lands, tenements, rents, reverfions, fervices, remainders, poffeffions, royalties, franchises, jurifdictions, and privileges whatsoever, and all appurtenances to them, or any of them, belonging, or in any wife appertaining; and all rights of entry, rights of action, titles, conditions, ufes, trufts, powers, and authorities; and all leafes for life, lives, or years, penfions, annuities, rents, charges, and hereditaments whatsoever, and of what nature or kind foever, not difpofed of according to the directions of the faid firft-recited act, in Great Britain, Ireland, or elsewhere, which by the faid recited all were vested, or intended to be vefted, in his Majefty, his

heirs and fucceffors, as aforefaid, for the use of the publick, should be, and were thereby, vefted and fettled in the actual and real poffeffion and feifin of Richard Grantham efquire, George Treby efquire, Arthur Ingram efquire, George Gregory efquire, Sir Richard Steele knight, Sir Henry Houghton baronet, Patrick Haldane esquire, Sir Thomas Hales baronet, Robert Munro efquire, Henry Cunningham efquire, Denis Bond efquire, John Birch ferjeant at law, and Sir John Eyles baronet, and their heirs, executors, adminiftrators, and affigns refpectively, from the twenty fifth day of March, one thousand feven hundred and eighteen, according to the feveral eftates and interefts vefted or intended to be vested in his Majefty by the faid former act; to the end the fame might be bargained, fold, difpofed of, and applied by the faid trustees, and the furvivors of them, to and for the ufes in the faid recited at, or in the faid att of the fourth year of his faid late Majefty's reign after-mentioned and declared: and it was by the faid laft recited act further enacted, That. from and after the faid twenty fifth day of March, one thousand seven hundred and eighteen, the faid commiffioners and truflees, or any four or more of them, refiding in England, Scotland, or Ireland, reSpectively, fhould and were thereby enabled and required, at any time or times, to fell all and fingular the eftates and interefts vefted in them as aforefaid; (that is to Jay) fuch of the faid eftates and interefts, concerning which no claims should be or had been entered within the times limited for that purpose, as foon as conveniently might be after the faid twenty fifth day of March, one thousand feven hundred and eighteen; and fuch of the faid eftates and interefts for or concerning which any claims had been or should be entered, as aforefaid, as foon as conveniently might be after fuch claims relating to fuch eftates or interefts refpectively fhould be determined; the faid fales to be made to any perfon or perfons being proteftants, bodies politick or corporate, their heirs, fucceffors, executors, administrators or affigns (other than the faid commiffioners and trustees, or their officers refpectively, or any others in truft for them) who should become purchafer or purchasers thereof, for fuch eftate and intereft therein respectively, as was therein before vefted in the faid commiffioners and trustees: and the faid commiffioners and trustees, or any four or more of them, refiding in England, Scotland, or Ireland, respectively, being certified of the payment of the price agreed upon into the receipt of his Majesty's exchequers in England and Scotland refpectively, were to execute an indenture or contract of bargain and fale of the parcels bought and paid for to the buyers thereof, for fuch estate or intereft therein as the faid commiffioners and trustees, or any four or more of them refiding in England, Scotland, or Ireland respectively, should have contracted to fell the fames and all and every purchafer or purchafers, his, her, or their heirs, fucceffors, executors, adminiftrators and affigns, were to hold and enjoy fuch parts and parcels of the premifles as fhould be fo purchafed and conveyed for fuch eftate and intereft therein respectively, as should be conveyed by the faid commiffioners and trustees, or any four or more of them, in fuch indenture or contract of bargain and fale, freed and difcharged of and from all arrears of quit-rents, crown-rents, feu duties and chiefries, at any time ac

crued

crued or to grow due before the date of fuch refpective conveyances, and of and from all other claims and demands of his Majefty, his heirs and fucceffors, and of the faid commiffioners and trustees, their beirs, executors, adminiftrators, and affigns, and of all and every other perfon or perfons whatsoever, other than and except fuch claims and demands which should be allowed by the faid commiffioners and trustees, or any four or more of them, or the court of delegates (which, by the faid laft recited act, his faid late Majefty was impowered to appoint, for bearing and determining fuch appeals as should be made by any claimant from any judgement, determination, or decree of the faid commiffioners and trustees, or any four or more of them) on the determination of fuch claims as aforefaid: and whereas the aforefaid John Radcliffe, Jon of the faid James late earl of Derwentwater, did, by his mother and guardian the faid Anna Maria, late countess of Derwentwater, on or about the first day of March, one thousand feven hundred and fixteen, exhibit two feveral claims before the commiffioners appointed by the faid recited act of the first year of his faid late Majefty's reign; by one of which the faid John Radcliffe claimed the manors, lands, and hereditaments, comprized in the faid fettlement of the twenty fourth day of March, one thousand fix hundred and ninety one, as the right and inheritance of him the faid claimant, and the heirs male of his body; and by the other of the faid claims, the faid John Radcliffe claimed the manors, lands, and hereditaments, comprized in the faid indenture of release of the twenty fourth day of June, one thousand feven hundred and twelve (Subject to the aforefaid rent charge, and to the said term of two hundred years, and the trufts thereof) as the right and inheritance of him the faid claimant, and the heirs male of his body: which claims coming afterwards on to be heard before the faid commiffioners, the claim made by the faid John Radcliffe to the manors, lands, and hereditaments, comprized in the faid fettlement of the twenty fourth day of March, one thoufand fix hundred and ninety one, was allowed; and the claim made by him to the manors, lands, and hereditaments, comprized in the "Jaid fettlement of the twenty fourth day of June, one thousand feven hundred and twelve, was difmiffed: but the decree made by the said commiffioners for difmiffing the fame was, upon an appeal made to the court of delegates, appointed by his faid late Majefly by virtue of the faid recited at, made in the fourth year of his reign, reverfed, and the faid laft mentioned claim was, by the faid court allowed: and whereas by an act made in the ninth year of the reign of his faid late majesty King George the First (intituled, An act to continue the duties for encouragement of the coinage of monies; and for relief of William late lord Widdrington; and to prevent foreign lotteries being carried on in this kingdom; and for afcertaining the duties on bound books imported; and for iffuing certificates and debentures for arrears due to five regiments, to be fatisfied by annuities therein mentioned; and for difcharging the duties of rock falt loft on the rivers Weaver and Mercy; and for limiting the times of continuance of commiffioners for forfeited eftates in England and Scotland refpectively; and for appropriating the

fupplies

9 Geo. 1. c. 19.

fupplies granted to his Majesty in this feffion of parliament; and to rectify mifnomers and omiffions of commiffioners for the land tax in the year one thousand seven hundred and twenty three) after reciting, That all the claims entered before the commiffioners and trustees in England were heard and determined, and the appeals from the decrees of the faid commiffioners and trustees in Engand, were alfo finally determined, it was enacted, That the forfeited eftates in England, by any former act or acts of parliament vefted in the faid commiffioners and trustees, which should remain unfold from and after the twenty ninth day of September, one thousand seven hundred and twenty three, were thereby divefted out of the faid commiffioners and trustees, and vefted in the King's majesty, his heirs and fucceffors, for the ufe of the publick: and whereas by indenture bearing date the twenty eighth day of September, anno domini one thousand feven hundred and twenty three, and made or mentioned to be made between the faid George Gregory, Sir Thomas Hales, Henry Cuningham, Denis Bond, John Birch, and Sir John Eyles, commiffioners and truflees, nominated and appointed for putting in execution the powers and authorities relating to the forfeited eftates in England and Ireland, enacted by the two acts of parliament berein first-mentioned, of the one part, and William Smith of Billiter Square, London efquire, of the other part, reciting the marriage fettlement of the faid James late earl of Derwentwater; and that the eftate for life fo limited, as aforefaid to the faid Charles Radcliffe, of and in all and fingular the faid premiffes mentioned in the faid recited fettlement of the twenty fourth day of June one thousand Seven hundred and twelve, in remainder, after the death of the faid John Radcliffe without iffue male of his body, was vested in the faid commiffioners and truflees for the ufes in the faid acts mentioned; and that the reverfion in fee of the fame premisses, so limited to the right heirs of the jaid James late earl of Derwentwater, was alfo vefted in the faid commiffioners and truflees for the fame ufes, the faid George Gregory, Sir Thomas Hales, Henry Cuningham, Denis Bond, John Birch, and Sir John Eyles, pursuant to the faid act of parliament of the fourth year of his faid late Majefty, and in execution of the trust thereby in them repofed, and of the powers and authorities to them, or any four or more of them, thereby given: and for and in confideration of one thousand and fixty pounds, for which the faid William Smith contracted with the faid commiffioners and truflees for the purchase of all and fingular the premises, during the life of the faid Charles Radcliffe, without impeachment of wafte, and for and during fo long as the faid Charles Radcliffe should have iffue male of his body, in remainder, expectant on the death of the faid John Radcliffe without iffue male; and alfo the reverfion in fee of and in the faid premiffes limited to the faid James late earl of Derwentwater, did bargain and fell all and fingular the faid barony, manors, lordships, rectories, parfonages, mines, collieries, meuages, lands, tenements, hereditaments, and premisses, comprized in the faid indenture of releafe, bearing date the twenty fourth day of June, one thousand feven hundred and twelve, and every part and parcel thereof, with their and every of their appurtenances, unto the faid William