Smith (whom the faid commiffioners and trustees did declare and confirm the purchafer thereof, he having bid moft for the fame on the publick fale, by cant or auction had for that purpofe, according to the laft mentioned act of parliament) and his heirs, to hold to him, his heirs, and affigns (in cafe the faid John Radcliffe fhould happen to die without heirs male of his body begotten) for and during the natural life of the faid Charles Radcliffe, without impeachment of wafte; and for and during fo long as the faid Charles Radcliffe, bould have heirs male of his body lawfully to be begotten and on failure of issue male of the faid Charles Radcliffe, to hold the fame premiffes unto the faid William Smith, his heirs and affigns, to the ufe of him, his heirs, and affigns, for ever: and whereas by another indenture, bearing date the faid twenty eighth day of September, one thoufand feven hundred and twenty three, and made between the fame commiffioners and trustees, of the one part; and the faid William Smith, of the other part; reciting the fettlement of the twenty fourth day of March, one thousand fix hundred and ninety one; and that by the attainder of the faid James late earl of Derwentwater, and the act of parliament afore-mentioned, the reverfion in fee, of all the premiffes in the faid fettlement comprized, was vefted in the faid commiffioners and trustees; and by the attainder of the faid Charles Radcliffe, and the faid act of parliament, the remainder in tail, limited to him in the fame premiffes, expectant on the death of the faid John Radcliffe without iffue male of his body, was alfo vefted in the faid commiffioners and trustees, the faid George Gregory, Sir Thomas Hales, Henry Cuningham, Denis Bond, John Birch, and Sir John Eyles, in execution of the powers and authorities afore-mentioned; and for and in confideration of one thousand and fixty pounds, for which the faid William Smith contracted with them, not only for the purchafe of the fame premises, for the remainder in tail male, fo forfeited by the attainder of the faid Charles Radcliffe, and the reverfion in fee, fo forfeited by the attainder of the faid James late earl of Derwentwater, but also for the purchase of a remainder limited by another fettlement to the faid Charles Radcliffe, and his iffue male, and the reverfion infee to the faid James late earl of Derwentwater, of and in the barony of Langley, and divers lands and hereditaments, mentioned in the indenture of bargain and fale, herein Laft before recited, did bargain and fell all and fingular the manors, lordships, hamlets, meffuages, lands, tenements, mills, reflories, tythes, and other the premises, in the faid fettlement of the twenty fourth day of March, one thousand fix hundred and ninety one, comprized with their and every of their appurtenances, unto the faid William Smith (whom the faid commiffioners and trustees did thereby declare and confirm the purchafer thereof, he having bid most for the fame on the publick fale, by cant or auction had for that purpose, according to the last-mentioned act of parliament) and his heirs, to hold to him, his heirs and affigns (in cafe the faid John Radcliffe should happen to die without iffue male of his body) for and during the natu ral life of the faid Charles Radcliffe, and fo long as he should have iffue male of his body; and in cafe the faid William Radcliffe, and Arthur Radcliffe, should both happen to die without iffue male of their respective bodies, then to hold the same premisses unto the faid

William Smith, his heirs and affigns, to the use of him, his heirs and affigns for ever; and whereas the faid John Radcliffe departed this life in or about the year one thousand seven hundred and thirty one, 5Geo. 2. c. 23. before he attained his age of twenty one years, without iffue, and unmarried: and whereas by an act made in the fifth year of the reign of his prefent Majefty (intituled, An act for making void the feveral contracts for fale of the eftate of James late earl of Derwentwater to William Smith efquire, and alfo of the annuity of two hundred pounds, during the life of Charles Radcliffe, and the arrears thereof, to Matthew White efquire, and the feveral conveyances made in purfuance of the fame ;) it was, for the reafons therein contained, enacted, That the feveral contracts made, figned, or entered into, or pretended to be made, figned, or entered into, by the faid commiffioners and truflees, or any of them, for the fale or ·conveyance to the faid William Smith, of any eftate, right, title, or intereft of, in, to, or out of the barony, manors, lordships, messuages, farms, lands, tenements, rectories, tythes, hereditaments, and premiffes, in the faid recited fettlements of the twenty fourth of March, one thousand fix hundred and ninety one, and twenty fourth of June, one thousand seven hundred and twelve, comprized, or either of them, or of, in, to, or out of any part or parcel thereof, or any lands, tenements, or hereditaments whatsoever, contracted or pretended to be contracted for by the Jaid William Smith, for the fum of one thoufand and fixty pounds; and alfo the contract or contracts, or pretended contract or contracts, for the fale, conveyance, or affignment to the faid Matthew White, of the faid annuity of two hundred pounds, granted to, or charged for the benefit of the faid Charles Radcliffe, as therein is mentioned, and of the arrears of the fame; and alfo the faid feveral recited indentures of bargain and sale respectively, bearing date the twenty eighth day of September, in the year one thoufand feven hundred and twenty three; and one other indenture of bargain and fale therein recited, bearing date the faid twenty eighth day of September, one thousand seven hundred and twenty three, being the indenture of bargain and fale therein recited to have been made to the faid Matthew White, of the faid annuity or yearly rent of two hundred pounds, fo granted to the faid Charles Radcliffe for his life as aforefaid, together with the arrears thereof incurred and grown due, from the time of the attainder of the faid Charles Radcliffe, to the day of the date of the faid indenture; and all and every the bargains, fales, conveyances, deeds, and inftruments figned, fealed, made or executed, or pretended fo to be, for the conveying, transferring, vefting, paffing, and affuring the said several eftates, interefts, annuity, arrears, and other the premiffes, or any part or parcel thereof, unto the faid William Smith and Matthew White, or either of them, their or either of their heirs, executors, adminiftrators, or af figns, fhould be, and were thereby fet afide and annulled, and were thereby adjudged and declared to be, and to have been abfolutely null and void to all intents, conftructions, and purposes, as if the fame had never been made; and the attorney general of his Majefty, his heirs and fucceffors, by his or their direction, was thereby impowered to apply to the court of Exchequer for fale, and the faid court was thereby impowered to order fale of the faid barony, manors, lands, beredi

ditaments

taments, and premiffes (fubject to fuch claims and demands, as had been allowed by the faid commiffioners and trustees, according to the. faid recited act of the fourth year of his faid late Majefty's reign) for fuch eftate and intereft as was vefted in his Majefty, his heirs and fucceffors, as aforefaid; and the purchase-money was to be paid into the receipt of his Majefty's exchequer, to be applied and disposed of according to any act or acts of parliament then after to be made for that purpose; and it was thereby further enacted, that until fuch fale fhould be made, as by the faid act is directed, it should be lawful for the lords commiffioners of his Majefty's treasury, or any three or more of them, or the lord high treasurer for the time being, to caufe to be collected and levied all the rents, iffues, and profits of the said barony, manors, lands, hereditaments, and premifles, and all arrearages thereof fince the death of the faid John Radcliffe; and to fue for and recover the fame in the name of his Majefty, his heirs and fuccefors, and to caufe all the monies arifing thereby (the necessary charges of levying, collecting, fuing for, and recovering the fame, and the incident charges relating thereunto only excepted) to be brought and paid into the receipt of the exchequer, to be applied and difpofed of, according to any act or acts of parliament thereafter to be made for that purpofe but in the faid laft-recited at, a faving is made to his Majesty, his heirs and fucceffors, of all fuch right, title, eftate, intereft, claim, and demand of, in, unto, or out of the faid premiffes, as his Majefty, his heirs or fucceffors, might have had or been intitled unto, in cafe that act had never been made, other than and except fuch right, title, eftate, intereft, claim, and demand, as was vefted in his Majefty, his heirs and fucceffors, by virtue of the feveral attainders before-mentioned, or of the acts of parliament therein recited; and a faving is also in the faid laft-recited act made to all other perfons, other than and except the faid commiffioners and trustees, and the faid Matthew White and William Smith, and any perfons concerned with them in the faid contracts or purchases, their respective heirs, executors, adminiftrators and affigns, and all perfons claiming or to claim any eftate, right, title, intereft, or demand, either in law or equity, in, unto, or out of the faid premiffes, by, from, or under them, of all fuch right, title, eftate, intereft, claim, or demand, of, in, unto, or out of the faid premiffes, as they might have had or been intitled unto, in cafe that act had never been made: and whereas by another act of parliament made in the eighth year of the reign of his present Majefty (intituled, An act for 8 Geo. 2. c.19. the application of the rents and profits of the eftates forfeited by the attainders of James late earl of Derwentwater and Charles, Radcliffe,) reciting, amongst other things, That there then remained in the receipt of his Majesty's exchequer the fum of seven thousand one bundred and eighty two pounds, thirteen fhillings, which had arifen out of the rents and profits of the faid premiffes fo vefted in his Majefty as aforefaid; and that there were also feveral fums of money in the hands of the collectors and receivers, and due and in arrear from the tenants and farmers of the faid premiffes; and farther reciting, That the annuity or rent charge, and alfo the feveral mortgages and incumbrances of and upon the faid eftate of the faid late earl of Derwentwater,, or fome part thereof, therein and herein after particu VOL. XIX.

larly

larly mentioned, had been regularly claimed and allowed, according to the direction of the faid act of the fourth year of his faid late Majefty's reign; and that there was then due, owing, iffuing, and payable out of the faid eftate, or fome part thereof, to the feveral perfons therein and herein after-named, the feveral fums of money and annuity therein and herein after mentioned; that is to Jay, to the right honourable Robert James lord Petre the fum of twenty thousand pounds principal money, with the intereft thereof: to Cuthbert Conftable, alias Tunstall, of Burton Conftable in Holderness, in the county of York, efquire, upon mortgage, the fum of five thousand nine hundred pounds, principal-money, befides intereft; to Mary Chamberlain Spinfter, Edward Hopkins of the city of Coventry efquire, and Anna Maria his wife, Richard Luther efquire, and Charlotte his wife, upon mortgage, the fum of three thousand pounds principal-money, befides intereft: to the lady Catherine Radcliffe, second daughter of Francis late earl of Derwentwater, one annuity or yearly rent charge of one hundred pounds, clear of all taxes, for the term of her natural life, with the arrears thereof; it was enacted, That the faid fum of feven thoufand one hundred and eighty two pounds, thirteen billings, fo arifing and produced of the rents and profits of the faid premiffes, and remaining in the receipt of the exchequer as aforesaid, fhould be iffued, appropriated, and applied, in the first place, for the paying and clearing off all intereft and arrears of the faid annuity of one hundred pounds a year, and incumbrances therein and herein before-mentioned, to the twenty fifth day of March, one thousand feven hundred and thirty five; and after payment thereof, the furplus and refidue of the faid fum of feven thousand one hundred and eighty two pounds, thirteen fhillings, fhould (except as therein after is excepted) be appropriated and applied, and was thereby appropriated and applied, towards the building and finishing of the royal hospital for feamen at Greenwich: and it was thereby further enacted, That all fums of money collected and received by the respective receivers of the rents and profits of the said premises, so forfeited and vested in bis Majesty as aforefaid, which were not paid into the receipt of the exchequer on or before the twenty fifth day of March, one thousand Jeven hundred and thirty five, and all arrears of rents and profits of the fame premises, due and owing from the feveral farmers, tenants, and occupiers of any part or parts thereof at or on the said twenty fifth day of March, one thousand feven hundred and thirty five; and all the rents, iffues, and profits of the faid premiffes, which should from and after the faid twenty fifth day of March, one thousand feven hundred and thirty five, grow, accrue, or become due and payable for and during his Majesty's faid eftate and intereft in the faid premisses, fubject in the first place to the payment of the said annuity of one hundred pounds a year, as the fame fhall grow due, and of all principal and intereft due and to grow due upon the feveral incumbrances therein, and herein before-mentioned, should be iffued and applied, and were thereby appropriated and applied in the first place for and towards the finishing and completing the building of the faid royal hofpital for feamen at Greenwich; and after the building of the fame royal hofpital fhould be completed and finished, for and towards the support of the

Sand

faid royal hofpital for the better maintenance of the feamen of the faid hofpital, worn out and become decrepit in the fervice of their country: and it was thereby further enacted and declared, That the faid premifJes fo forfeited and vested in his Majefty as aforesaid, bould not be fold (except as in the fad act is excepted) but should remain and continue vefted in his Majefty, his heirs, and fucceffors (fubject to, and charged and chargeable with, the faid annuity of one hundred pounds, and incumbrances aforefaid, and the payment thereof, in the first place) for fuch eftate and intereft as aforefaid, for the purposes of the faid laft-recited act: and his Majefly, his heirs and fucceffors were, by the faid laft-recited act, impowered to authorize the commiffioners or governors of the faid royal hofpital for the time being, or any Seven or more of them, to appoint ftewards, receivers, or bailiffs of the faid premilles, fo forfeited and vefted in his Majefty as aforefaid, for and during the faid eftate and intereft of his Majesty, his heirs, and fucceffors, in the fame premiffes; and to invest them with full power to receive the rents, iffues, and profits thereof; and to give receipts, difcharges, and acquittances for the fame; and to hold courts, and to do and perform all acts, matters, and things, neceffary for the managing the faid premiffes, ufually done and performed by stewards, receiv ers, and bailiffs and his Majefty, his heirs and fucceffors, were, by the faid laft-recited act alfo impowered, during the continuance of the faid eftate and intereft of his Majesty, his heirs and fucceffors, in the Jaid premiffes, to authorize the commiffioners and governors of the faid royal hofpital, for the time being, to grant leafes of the premises fo forfeited, and vested in his Majefty as aforefaid, for any term not exceeding twenty one years in poffeffion, at the best and most improved yearly rent: and it was thereby further enacted, That the commiffioners or governors of the faid royal hofpital fhould, and were thereby required, to contract and agree with able and fufficient tradesmen, artificers, or other perfons, for finishing and completing the faid royal hofpital in a workman-like and fubftantial manner, on the easiest and most reasonable terms, according to the plan laid before the house of commons in that feffion of parliament; and that they should lay their proceedings therein, with their annual accounts, before his Majefty, and both houses of parliament refpectively and it was by the faid act, for the reafons therein contained, provided and enacted, That out of the rents and profits of the faid eftate, then remaining in the receipt of his Majefty's exchequer, there should and might be issued and paid to the lord viscount Gage in the kingdom of Ireland, the fum of two thoufand pounds without account, and clear of all fees and deductions; in which faid laft recited act is contained a faving to his Majesty, his heirs, and fucceffors, of all fuch right, title, eftate, intereft, claim, and demand, of, in, unto, or out of the faid premiffes, as his Majesty, his heirs and fucceffors, might have had, or been intitled unto, in cafe that at had never been made; other than and except fuch right, title, eftate, intereft, claim, and demand, as was vefted in his Majefty, his heirs and fucceffors, by virtue of the feveral attainders before-mentioned, or of the therein recited acts of parliament; and other than and except fuch right, title, eftate, intereft, claim, and demand, which his Majefty, bis heirs and fucceffors, had or might have in or to fuch part

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