eftates

trustees, for

being then established, were conveyed at divers times to fundry perfons, who were then commissioners or governors of the faid hofpital, for the ufe thereof, by means whereof the legal eftates of and in fuch purchased premifes became and are now vefted in many perfons, fome of whom are wholly unconnected with the affairs of the faid hofpital, and others of them, from the great effluxion of time fince fuch purchases were fo made, cannot now be difcovered: and whereas by an act of parliament, made and passed in the twenty-fecond year of the reign of his Recital of act late majesty King George the Second, intituled, An act for vefting 22 Geo. II. for the feveral eftates of James late earl of Derwentwater, and Charles ventes of the vefling the Ratcliffe deceafed, comprifed in feveral fettlements therein men- late earl of tioned, in trustees, for an abfolute eftate of inheritance for the be- Derwentwanefit of the royal hospital at Greenwich, and for raising certain ter, and Cha, fums of money, out of part of the faid eftates, for the relief of Radcliffe, in the children of the faid Charles Ratcliffe; after reciting as therein the benefit of is recited, it was enacted, That the barony, manor, or lordship of Greenwich Langley, with the rights, members, and appurtenances thereof, in the hofpital, &c. county of Northumberland, and alfo all thofe the manors of Whittingftall alias Quittingftall, and Newlands, Dilfton alias Develfton, Aydon-Shields, Warke, Elrington, and Meldon, and every of them, with their and every of their rights, members, and appurtenances, in the faid county of Northumberland, and all thofe manors er reputed manors of Spindlefton, Utchefter, Throckley, Coaftley, Middleton-Hall, Eaft Thornton alias Thornton Eaft, Weftwood, and Thornborough, and every of them, with their and every of their rights, members, and appurtenances, in the faid county of Northumberland; and alfo all that the advowson of the church of Symond burne, with the appurtenances, in the faid county of Northumberland; and alfo all thofe manors or reputed manors of Castlerigg and Derwentwater alias Keswick and Thornthwaite, with their and every of their rights, members, and appurtenances, in the county of Cumberland; and alfo all that the manor of Scremerston, with the rights, members, and appurtenances, in the county palatine of Durham; and alfo all and fingular the meuages, granges, farms, lands, meadows, paftures, feedings, woods, underwoods, tenements, and hereditaments whatsoever, late the eflates of the faid James earl of Derwentwater, or whereof he was feized of any eftate of inheri tance in poffeffion, reverfion, remainder, or expectancy, fituate, lying, or being in the faid counties of Northumberland and Cumberland, and county palatine of Durham, and every of them, with their appurtenances, which, by certain indentures of leafe and release therein recited, bearing date the twenty-third and twenty-fourth days of June, one thousand feven hundred and twelve, were fettled, limited, and affured to the ufes in the faid indenture of release of the twenty-fourth day of June, one thousand feven hundred and twelve, mentioned, and the reverfion and reverfions, remainder and remainders, rents, iffues, and profits, of all and fingular the fame premises fhould, from and immediately after the death of the faid Charles Radcliffe in the faid act named, be, and be deemed to have been, divefted out of his then Majefly, bis beirs and furceffors, and fettled upon and vested in, and the fame were thereby from thenceforth fettled upon and vefted in, the most noble

N 3

Charles

Charles duke of Richmond and Lenox, and the right honourable Henry Fox efquire, their heirs and affigns, freed, acquitted, and abfolutely difcharged, of, from, and against all and every the ufes, eftates, and limitations, in and by the faid indenture of release or fettlement, dated the twenty-fourth day of June, one thousand feven hundred and twelve, limited and created of and concerning the fame, to and for the first and other fons of the faid Charles Radcliffe, and the iffue male of juch first and other fons, and freed and abfolutely difcharged of and from all fuch right, title, eftate, intereft, claim, and demand, as was vefted in his faid Majefty, his heirs and fucceffors, by virtue of the feveral attainders in the said act mentioned, or of the feveral acts of parliament in the faid act recited, or any of them; and alfo freed and abfolutely discharged of and from all fuch right, title, eftate, intereft, claim, and demand, as was vefted, or that might or could accrue or belong to his faid late Majefty, his heirs or fucceffors, by reafon or means of James Bartholomew Radcliffe and James Clement Radcliffe, in the faid act named, or either of them, having been born out of the dominions of the crown of Great Britain, or atherwife bowfoever, (Jave as therein after was faved) to the ufe of them the faid Charles duke of Richmond and Lenox, and Henry Fox, their executors, administrators, and affigns, for and during, and unto the full end and term of five hundred years, to be computed from the day of the death of the faid Charles Radcliffe, and from thence next enfuing and fully to be compleat and ended, without impeachment of waste; and, from and after the end, expiration, or other sooner determination of the faid term, then to and for the only proper use and beloof of the right honourable Archibald Hamilton efquire, commonly cailed Lord Archibald Hamilton, Charles Smith efquire, James Gunman efquire, fir John Thompson knight, fir James Creed knight, Peter Burrell efquire, William Fawkener efquire, William Baxter efquire, Edward Vernon efquire, Thomas Ripley efquire, doctor David Cockburn, James Spilman efquire, William Allix efquire, Fitzwilliam Plumptre efquire, William Young efquire, and captain Francis Danfays, then being fixteen of the commiffioners or governors and directors of the faid royal hofpital for feamen at Greenwich, their heirs and affigns for ever; in truft nevertheless, for themselves and the reft of the commiffioners or governors and directors for the time being of the faid royal hofpital, for the uses and purposes following; (that is to fay,) In the first place, for and towards the finishing and compleating the building of the said royal bofpital; and after the building of the fame fhould be compleated and fi nished, for and towards the fupport of the faid royal hofpital, and for the better maintenance of the feamen of the faid hofpital worn out and become decrepid in the fervice of their country: and it was thereby further enacted, that the manor and lordship of Altone alias Alstone Moore, and Garrigill, and all and every the rights, members, and appurtenances thereunto belonging, in the faid county of Cumberland, and all thofe the two parts (the whole into three parts to be divided) of the manor and lordship of Newton Hall in the faid county of Northumberland; and all that the moiety or one half part of the village or township of Buteland, in the parish of Chollerton and county of

Nor

Northumberland; and all thofe the rectories or parfonages of KirkeWelpington, Harburne alias Hartburne, and Midford in the faid county of Northumberland; and all and fingular the meuages, tithes, farms, lands, tenements, and hereditaments whatsoever, fituate, lying, and being in the faid county of Northumberland, which, by certain other indentures of leafe and release, bearing date the twentythird and twenty-fourth days of March, one thousand fix hundred and ninety-one, in the faid act mentioned, were fettled, limited, and affured to the ufes in the faid indenture of release, of the twenty-fourth day of March, one thousand fix hundred and ninety-one, mentioned; and which by virtue of the feveral attainders in the said act mentioned, and of the feveral acts of parliament in the act now reciting reSpectively recited, or fome of them, did then remain vefted in his faid late Majefty, his heirs and fucceffors, fubject to fuch appropriation of the rents and profits thereof for the ufe and benefit of the faid royal hofpital at Greenwich as in the act now reciting is mentioned; and the reverfion and reverfions, remainder and remainders, rents, iffues, and profits, of all and fingular the faid laft-mentioned premifes, fhould from thenceforth be divefted out of his faid late Majefty, his heirs and fucceffors; and the fame should be, and fhould be deemed to be, and they were accordingly from thenceforth fettled upon, and vested in, the faid Archibald Hamilton, Charles Smith, James Gunman, fir John Thompson, fir James Creed, Peter Burrell, William Fawkener, William Baxter, Edward Vernon, Thomas Ripley, David Cockburn, James Spilman, William Allix, Fitzwilliam Plumptre, William Young, and Francis Danfays, their heirs and affigns, to the ufe of them, their heirs and affigns, for ever, in trust nevertheless, for themfelves and the rest of the commiffioners or governors and directors for the time being of the faid royal hofpital, for and towards the finishing and compleating the building of the faid royal hofpital, and, after the building of the fame should be compleated and finished, for and towards the Jupport of the faid royal hofpital, for the better maintenance of the feamen of the faid hofpital worn out and become decrepid in the fervice of their country, freed and abfolutely discharged of and from all fuch right, title, eftate, intereft, claim, and demand, as was vefted in his faid Majefty, his heirs and fucceffors, by virtue of the feveral attainders in the act now reciting mentioned, or of the feveral acts of parliament therein also recited, or any of them, or otherwife howfoever, and freed and abfolutely discharged of and from all fuch right, title, eftate, intereft, claim, or demand, as any other perfon or perfons whatsoever then had, or might, or could have had, in or to the faid laft-mentioned manors, messuages, lands, tenements, and hereditaments, or in or to any part or parcel thereof, upon any account whatfoever, fave as therein-after is mentioned: and it was thereby alfo enacted, That the faid Archibald Hamilton, Charles Smith, James Gunman, fir John Thompson, fir James Creed, Peter Burrell, William Fawkener, William Baxter, Edward Vernon, Thomas Ripley, David Cockburn, James Spilman, William Allix, Fitzwilliam Plumptre, William Young, and Francis Danfays, their heirs and affigns, fhould, in trust as aforefaid, but Subject to the term of five hundred years, (as to the premises com

N4

prifed

prifed in the faid fettlement of the twenty-fourth day of June, one thoufand feven hundred and twelve, and as the fame was therein-before created and limited,) hold and enjoy all and fingular the manors, lands, tenements, and hereditaments, comprifed in the faid fettlements of the twenty-fourth day of March, one thousand fix hundred and ninety one, and twenty-fourth day of June, one thousand feven hundred and twelve; and which were therein before vefted, or mentioned to be vefted, in the faid Archibald Hamilton, Charles Smith, James Gunman, fir John Thompson, fir James Creed, Peter Burrell, William Fawkener, William Baxter, Edward Vernon, Thomas Ripley, David Cockburn, James Spilman, William Allix, Fitzwilliam Plumptre, William Young, and Francis Danfays, and the fame fhould be, and be deemed to be, held of the faid late King's majesty, his heirs and fucceffors, as of his faid late Majefty's manor of Eaft Greenwich in the county of Kent, by free and common foccage tenure; but nevertheless the faid manors, lands, tenements, and hereditaments, fhould be, and should be deemed to be, fubject to fuch quit-rents, crown rents, and dutchy-rents, issuing thereout respectively, as the fame were respectively liable to on the twenty-third day of June, one thousand feven hundred and fifteen: Commiffion and it was thereby alfo enacted and declared, That the then prefent er ers or goverit future commiffioners or governors and directors of the faid royal hofpibie to the of tal at Greenwich, or any of them should not be answerable or accountpital only for able to any perfon or perfons, other than to the said royal hospital, for

crs accounta

profits of lands, &c.

or in respect of all or any part of the rents, iffues, and profits, of the faid manors, lands, tenements, and hereditaments, comprised in the indentures of leafe and release of the twenty-third and twenty-fourth days of June, one thousand feven hundred and twelve, in the faid aft recited, which had accrued or become due from the death of the faid Charles Radcliffe, and which had then already been, or should thereException. after be received by them, or any of them, except by laying such accounts before his Majesty and both houses of parliament, as by a certain at, of the eighth year of his faid late Majefty's reign, is directed; but that all fuch rents, iffues, and profets, and all fines and fums of money which had accrued or become due or payable from the death of the faid Charles Radcliffe, fhould be appropriated and applied to the ufes and for the purposes in the faid at, of the eighth year of his faid late Majefty's reign, mentioned, and in the act now reciting mentioned; nevertheless, that they the faid commissioners or governors and directors for the time being, fhould from time to time lay the accounts of their receipts, payments, and disbursements, before his Majesty and both boufes of parliament, as by the faid recited act, of the eighth year of his faid late Majefty, is directed, as well with respect to the manors, lands, and hereditaments, comprifed in the faid fettlement of the twenty-fourth day of June, one thousand feven hundred and twelve, as with respect to the manors, lands, and hereditaments, comprised in the faid fettlement of the twenty-fourth day of March, one thousand fix hundred and ninety-one; and after reciting, that by reafen of the limitation therein-before made to the faid Archibald Hamilton, Charles Smith, James Gunman, fir John Thompfon, fir James Creed, Peter Burrell, William Fawkener, William Baxter, Ed

ward

death of his

the tenants,

ward Vernon, Thomas Ripley, David Cockburn, James Spilman, William Allix, Fitzwilliam Plumptre, William Young, and Francis Danfays, of the faid manors, lands, tenements, and hereditaments, in manner aforefaid, a doubt might be made whether the tenants of the faid eftates ought from thenceforth to do fuch acts and Services, and pay fuch fines and fums, as, by the nature and tenure of their eftates, founded upon immemorial ufage and custom or otherwise, they would be to have done and performed and paid on the death of any lord thereof, in cafe the limitation of the faid manors, lands, tenements, and hereditaments, was made to a particular perfon only and his heirs; in order to make the like provifions as were made by the act of the eleventh year of his faid late Majefty's reign, for obliging the tenants of the faid eftates to do fuch acts and fervices, and to pay fuch fines and fums of money as aforefaid, it was further enacted, That upon the death of Upon the his faid late Majefty, and also upon the death of every fucceffive King late Majelty, and Queen of this realm, all fuch acts and fervices fhould be done and &c. enacted, performed, and all fuch fines and fums of money should be paid by the that fervices respective tenants of the faid eftates to the faid commiffioners or gover- be done, and nors and directors for the time being of the faid royal hofpital at Green- fines paid, by wich, as by the ancient tenure thereof, or by any contract, law, ufage, agreeable to or custom, ought to be done, performed, and paid by them, in cafe the ancient tefaid manors, lands, tenements, and hereditaments, had continued to be, nure. or were actually vefted in his faid late Majefly, his heirs and fucceffors; and that he and they were to be confidered as private perfons only, and not in their politick capacity; and for default of performance of Such acts and fervices which ought fo to be done and performed, ana for default of payment of any fuch fines and fums of money which ought fo to be paid, fuch forfeitures and penalties should accrue and become due, and it should be lawful for the faid commiffioners or governors and directors for the time being of the fsaid royal hofpital, in the name of any one of them, to use and take all fuch ways and means for recovering and taking advantage of the faid forfeitures and penalties as might be lawfully ufid or taken by his Majefty, his heirs and fucceffors, in cafe the faid manors, lands, tenements, and hereditaments, had continued to be or were actually vefted in his faid Majefty, his heirs and fucceffors, and that he and they were to be confidered as private perfons only, and no: in their politick capacity; any law, ufage, or custom, to the contrary notwithstanding and it was thereby alfo further enacted, That the faid Archibald Hamilton, Charles Smith, James Gunman, fir John Thompson, William Fawkener, and William Baxter, and the furvivors and furvivor of them, and the executors and administrators of fuch furvivor, fhould fand possessed of and interested in the barony, manors, lands, and hereditaments, by two feveral indentures, both bearing date the fixteenth day of February, one thousand feven hundred and forty-eight, in the act now reciting particularly mentioned, respectively bargained, fold, and affigned unto the faid Archibald Hamilton, Charles Smith, James Gunman, fir Edward Bellamy, fir John Thompfon, William Fawkener, and William Baxter, their executors, adminiftrators, and affigns, for and during all the rest, refidue, and remainder then to come and unexpired, of the feveral terms of five hundred years and five hundred years in the fame