cholas Clarke, and William Baxter, grant, bargain, fell, and affign to the faid governor and company of the bank of England, and their fucceffors and affigns, the faid manors of Spindleston and Utchefter, to hold the fame unto the faid governor and company of the bank of England, and their fucceffors and affigns, for the remainder then to come of the faid term of five hundred years, by the faid indenture of the twenty fecond day of April, one thousand fix hundred and ninety nine, granted, fubject to a provifo for the furrendering and affigning the faid premiffes to the faid Sir Charles Wager, Sir Tho mas Littleton, Sir Thomas Frankland, Sir Jacob Ackworth, Thomas Pearfe, George Purvis, Jofiah Burchett, Tudor Trevor, Nicholas Clarke, and William Baxter, their executors, adminiftrators, or affigns, or to fuch perfon or perfons as they should appoint and direct, on payment of the faid fum of five thousand nine "hundred pounds, with intereft for the fame, at the rate of four pounds per centum per annum, at the time therein mentioned: and the commiffioners or governors of the faid hofpital, or fome of them, having fince paid out of the monies and revenues belonging to the faid hofpital, the faid fum of five thousand nine hundred pounds, with all intereft due for the fame, the faid governor and company of the bank of England, did, by another indenture bearing date the faid fixeeenth day of February, one thousand seven hundred and forty eight, bargain, fell, and affign unto the faid Archibald Hamilton, Charles Smith, James Gunman, Sir Edward Bellamy, Sir John Thompson, William Fawkener, and William Baxter, their executors, adminiftrators, and affigns, the faid manors of Spindlefton and Utchefter, to hold the fame unto the faid Archibald Hamilton, Charles Smith, James Gunman, Sir Edward Bellamy, Sir John Thompson, William Fawkener, and William Baxter, their executors, adminiftrators, and affigns, for the remainder then to come of the faid last-mentioned term of five hundred years, in truft, and to the intent that the rents, iffues, and profits of the faid manors and premiffes fhould and might be appropriated, applied, and difpofed, to the uses, and for the purposes, directed in and by the faid act of parliament made in the faid eighth year of the reign of his prefent Majefty; and for that purpose, that the faid term and eftate might attend and wait upon the freehold and inheritance thereof, as the fame was then vefted in his Majesty, bis beirs, and fucceffors: and whereas the faid Mary Chamberlain, Edward Hopkins, and Anna Maria his wife, and Richard Luther and Charlotte his wife, did immediately after the passing the said recited act, made in the eleventh year of his Majefly's reign, agree with the commissioners or governors of the faid hofpital to accept of four pounds per centum per annum, for the intereft of the faid principal fum of three thousand pounds, mentioned in the faid recited act of the eighth year of his prefent Majefty's reign to be due to them upon mortgage (which fum of three thousand pounds was, by the faid Edward earl of Derwentwater, by a certain deed poll, bearing date the twenty fourth day of June, one thousand fix hundred and ninety nine, pursuant to a power to him given by a certain indenture of release, bearing date the twentieth day of May, in the third year of the reign of his Majefty King James the Second, charged upon the faid barony, manor,

or lordship of Langley, and several other of the manors, lands, and bereditaments before-mentioned, and other the lands in the faid deed poll mentioned, for the portion of his daughter lady Tudor Radcliffe, and which fum of three thousand pounds, was afterwards affigned to Hugh Chamberlain doctor in phyfick, by William Petre junior efquire, who intermarried with the faid lady Tudor Radcliffe; and the faid lady Tudor his wife, by indenture tripartite, bearing date the first day of July, one thousand feven hundred and twenty two, in the manner in the faid indenture mentioned; and which faid Hugh Chamberlain afterwards died, having firft made his last will and teftament in writing, and two codicils thereunto, and appointed his three daughters, the faid Mary Chamberlain, Anna Maria Hopkins, and Charlotte Luther, executrixes of his will) but the faid Edward Hopkins, having afterwards died, and the faid Mary Chamberlain, Anna Maria Hopkins, Richard Luther, and Charlotte bis wife, having thought fit to call in the faid principal fum of three thoufand pounds, the commissioners or governors of the faid hofpital did, out of the monies and revenues belonging to the faid hofpital pay the faid Jum of three thousand pounds, and all intereft due for the fame; and thereupon the faid Mary Chamberlain, Anna Maria Hopkins, Richard Luther and Charlotte his wife, did by indenture, bearing date the fixteenth day of May, one thousand feven hundred and forty eight, affignunto the faid Archibald Hamilton, Charles Smith, James Gunman, Sir Edward Bellamy, Sir John Thompson, William Fawkener, and William Baxter, their executors, adminiftrators, and affigns, the faid fum of three thousand pounds, and all intereft thereafter to grow due for the fame, and all their eftate and interest in and to the Jaid manor or lordship of Langley, and other the manors, lands, and hereditaments, by the faid last-mentioned deed poll charged with the faid Jum of three thousand pounds and intereft (except as therein is mentioned) to hold the faid barony, manors, lands, and hereditaments (except as therein is mentioned) and the faid fum of three thoufand pounds charged thereon, unto the faid Archibald Hamilton, Charles Smith James Gunman, Sir Edward Bellamy, Sir John Thompson, William Fawkener, and William Baxter, their heirs, executors, adminiftrators and affigns, upon truft, to and for the use and benefit of the faid royal hofpital at Greenwich: and whereas the aforefaid Charles Radcliffe, did, after his having been fo attainted as aforefaid, inter-marry with the right honourable Charlotte countess of Newburgh, by whom he had iffue two fons, namely James Bartholomew Radcliffe, commonly called lord Kenaird, his eldest son who was born in France out of his Majefty's allegiance, on the twenty fifth day of Auguft, one thousand feven hundred and twenty five, and James Clement Radcliffe his youngest fon, and three daughters, to wit, the lady Charlotte Radcliffe, Lady Barbara Radcliffe, and lady Mary Radcliffe, who were all alfo born out of his Majesty's allegiance in parts beyond the feas, and all of them (except the faid lady Mary Radcliffe) have attained their respective ages of twenty one years: and whereas by a claufe in an act made in the feventh year of the reign of her late majesty Queen Anne (intituled, An act for the naturalizing foreign proteftants) it was enacted, That the children of all natural-born fubjects, born out of the legiance of her Majefly, her

heirs and fucceffors, should be deemed, adjudged, and taken to be natural-born fubjects of this kingdom, to all intents, conftructions, and purposes whatsoever: and whereas by an act of parliament made in 4 Geo. 2. c. 21, the fourth year of his prefent Majefty's reign (intituled, An act to explain a claufe in an act made in the feventh year of the reign of her late majesty Queen Anne, For naturalizing foreign proteftants, which relates to the children of the natural-born fubjects of the crown of England, or of Great Britain) it was enacted, That all children, born out of the legiance of the crown of England,

of Great Britain, or which should thereafter be born out of fuch legiance, whofe fathers were or should be natural-born fubjects of the crown of England, or of Great Britain, at the time of the birth of fuch children refpectively, fhould and might, by virtue of the laid recited claufe in the faid act of the feventh year of the reign of her late Majefly, and of that act, be adjudged and taken to be, and all fuch children were thereby declared to be natural-born fubjects of the crown of Great Britain, to all intents, conflructions, and purpofes whatsoever; but it was by the faid at provided, and further declared and enacted, That nothing in the faid recited act of the feventh year of her faid late Majefty's reign, or in that act contained, did or fhould extend, or ought to be conftrued, adjudged, or taken to extend, to make any children, born or to be born out of the legiance of the crown of England, or of the crown of Great Britain, to be natural-born Jubjects of the crown of England, or of Great Britain, whose fathers, at the birth of fuch children refpectively, were or should be attainted of high treafon, by judgment, outlawry, or otherwife, either in this kingdom or in Ireland; or whofe fathers, at the time of the birth of fuch children respectively, by any law or laws made in this kingdom, or in Ireland, were or should be liable to the penalties of high treafon or felony, in cafe of their returning into this kingdom, or into Ireland, without the licence of his Majesty, his heirs or fucceffors, or of any of his Majefty's royal predeceffors; or whofe fathers, at the time of the birth of fuch children refpectively, were or should be in the actual fervice of any foreign prince or state then in enmity with the crown of England, or of Great Britain; but that all fuch children were, and fhould be and remain, in the fame ftate, plight, and condition, to all intents, conftructions, and purposes whatsoever, as they would have been in, if the faid act of the feventh year of her faid late Majefty's reign, or that act, had never been made, as by the faid two laft-mentioned acts of parliament may more fully appear: and whereas the faid James Bartholomew Radcliffe, commonly called lord Kennaird, hath made a moft dutiful reprefentation to your Majefty; wherein, after having fet forth the feveral limitations contained in the faid Jettlement of the twenty fourth of June, one thousand feven hundred and twelve, and the feveral attainders of the faid James earl of Derwentwater, and Charles Radcliffe his father, and his being the first fon of the body of the faid Charles Radcliffe, and the feveral acts of parliament herein before-recited, relating to the faid forfeited eftates, and that, by virtue thereof, the faid manors, lands, and hereditaments, comprized in the faid laft-mentioned fettlement, became vefted in your Majefly, your heirs and fucceffors, according to fuch eftates and interefts as the faid attainted perfons had therein at the

times mentioned in the faid first recited act, he the faid James Bartholomew Radcliffe did, in all humility, fhew to your Majefly, that being advised that your Majesty's eftate and intereft in the manors, lands, and hereditaments, comprized in the said settlement, under the faid acts, did determine on the death of the faid Charles Radcliffe, he the faid James Bartholomew Radcliffe did well hope, that the commiffioners and governors of Greenwich Hofpital would have admitted him to be intitled, from the time of the death of the faid Charles Radcliffe, to the poffeffion of the said laft-mentioned manors, lands, and hereditaments, under the limitations contained in the faid fettlement of the twenty fourth of June, one thousand feven hundred and twelve, to the first and other fons of the faid Charles Radcliffe in tail male; but that he found the faid commissioners and governors did not look on your Majefty's eftate and intereft in the faid premifles to be determined, but did confider the faid right, title, claim, and intereft, which the faid James Bartholomew Radcliffe pretended to under the faid fettlement of the twenty fourth day of June, one thousand feven hundred and twelve, to be null and void, inasmuch as neither the trustees for preserving the contingent remainders under the faid fettlement, nor any other perfon for or on the behalf of the first and other fons of the faid Charles Radcliffe, had made any claim before the commiffioners appointed by the faid recited acts of the first and fourth years of his late Majefty, for the determining claims as aforefaid: and the faid James Bartholomew Radcliffe did also shew to your Majefty, that he found it might be objected to him, that, as he was born within the dominions of the French King, in the year one thousand seven hundred and twenty five, and out of your Majefty's legiance, he was to be confidered as an alien, and was to be excluded from all right and title to the faid eftates, although he was born of natural-born fubjects, as before is mentioned; and thereupon the faid James Bartholomew Radcliffe did most humbly reprefent it to your Majefty, that if he should be found to be an alien under the faid act of the fourth year of your Majesty's reign, it could not be of any avail to him to litigate the question touching the neceffity there was, under the act of his late Majefty, to enter a claim in behalf of an unborn perfon; and as the faid James Bartholomew Radcliffe was absolutely unable to bear the expence of fuch a litigation, he did therefore fubmit to your Majefty's confideration feveral reafons and arguments in fupport of his right and title to the faid eftates, and whether he was to be confidered as an alien, or not; and although he was to be confidered as an alien, in which cafe he would be incapable to hold any eftate against the crown, yet nevertheless he did contend, that he was capable for the benefit of the crown, to take fuch eftate and intereft as was limited to him by the faid fettlement; in regard whereof, and of the many fingular hardships attending his cafe, he did humbly beJeech your Majefty to extend your grace and favour to him, and to grant him fuch relief for his fupport, as the circumstances of his cafe Thould require: and whereas your Majesty, out of your princely dlemency, and from those motives of goodness and compaffion, which are inherent in your royal nature, hath been pleafed to fignify to your parliament, That your Majefty was graciously inclined, that

fome relief fhould be granted to the faid James Bartholomew Radcliffe, fo as the fame fhould be confiftent with the just rights of Greenwich Hofpital: and whereas the faid commiffioners and governors of the faid hofpital are advised, that great doubts may arife, whether upon the construction of the true intent of the faid act of the first year of the reign of his late majefty King George the First, and of the faid other act of the fourth year of his reign, the use and eftate in remainder limited by the faid fettlement of the twenty fourth day of June, one thousand feven hundred and twelve, to the first and other fons of the faid Charles Radcliffe, was loft and deftroyed, by reafon that the fame was not claimed before the commiffioners and trustees appointed by the faid act, for and on the behalf of fuch first and other fons, within the time prescribed by the faid acts; and it may also be doubted, whether the claim made in behalf of the faid John Radcliffe of the precedent use and estate limited to him, and the allowance thereof by the court of delegates, in fuch manner as before is mentioned, did not revest all the manors and hereditaments comprized in the faid fettlement of one thousand seven hundred and twelve, to the feveral ufes limited in and by the faid fettlement, with fuch remainders as therein are expreffed: and the faid commiffioners and governors are also advised, That in cafe the faid act fhould not extend to make the faid ufe and eftate in remainder, limited by the faid fettlement to the firft and other fons of the faid Charles Radcliffe (they not being born or in being at the time of the faid alts, and therefore not being perfons actually having any eftate and intereft at that time) abfolutely null and void, then the eftate and intereft of your Majelly, and confequently the right and title of the faid hofpital, which depends on the continuance thereof, may be confidered as having determined on the death of the faid Charles Radcliffe ; and if the faid James Bartholomew Radcliffe should be confidered as an alien, then a new right might accrue to your Majefty, in virtue of your prerogative royal, fo foon as an inquifition fhould be taken, finding the faid James Bartholomew Radcliffe to be an alien accordingly in regard of all which, and many other doubts and difficulties, the faid commiffioners and governors are advised, That it will be for the intereft and advantage of the faid hofpital to confent that the faid manors, lands, and hereditaments fhall ftand charged with the raising fuch fum of money as herein after is mentioned; fo as that the right and title of the faid hofpital to the faid manors, lands, and hereditaments, may be fully established, and that the fee and inheritance thereof may be abfolutely vefted in trustees for the use and benefit of the faid hofpital for ever, free and difcharged from all the right, title, claim, and demand of the faid James Bartholomew Radcliffe, and of his Majefly in his right, and of all others claiming by or under any of the limitations contained in the faid fettlement, fo dated the faid twenty fourth day of June, one thousand seven hundred and twelve, as aforefaid; and fo that the faid commissioners and governors of the faid hofpital may have and exercife full power to cut down and make fale of the timber on the premiffes for the benefit of the faid hofpital, as they fhall think fit, and to make fuch leafes of the fame, and of the mines open or unopen, as they shall think proper: and whereas the