Page:Ruffhead - The Statutes at Large - vol 7.djvu/250

 2o6 C. 52. Anno vicefimo fecundo G E ORGii ir, A. D. 1749. ' the firft Son of the Body of the faid Chm-lcs P.adcliffe, and the feveral A£ls of Parliament herein beforc- ' recited, relating to the find forfeited Eftates, and that, by virtue thereof, the faid Manors, Lands ai:-.l ' Hereditaments, comprized in the faid lafl-mentioned Settlement, became veftcd in your Maj fly, your ' Heirs and Succeflbrs, according to fuch Eftates and Intereft as the faid attainted Perfons haJ therein at ' the Times mentioned in the faid firft recited A6i:, he the faid Jnnies Barthc/o/nnu Radc/;J/l- did, in all Hu- ' mility, fhew to your Majclty, that being advifed that your Majefty's Eftate and Intereit in the Manor., ^ Lands and Hereditaments, comprized in the faid Settlement, under the !aid Acts, diJ determine on th: ' miffioners and Governors of Greenwich Hofpital v,'oud have admitted him to be intitled, from the Time of ' Hereditaments, under the Limitations contained in the faid Sectlement of the twenty fourth o'i jwie one ' thoufand feven hundred and twelve, to the firfl and other Sons of the faid Charles RadcUjje in Tail ' Male ; but that he found the faid Commiflioners and Governors did not look on your Maje%'s Eftates and ' Interefts in the faid Premiffes to be determined, but did confider the faid Right, Title, Claim and In- ' tereft, which the faid James Bartholomeiu Radcliff" pretended to under the faid Settlement of the tvventy- ' fourth Day oijiine one thoufand feven hundred and twelve, to be null and void, inafmuch as neither t.ic ' Truftees for preferving the contigent Remainders under the faid Settlement, nor any other Perfon for or ' Commiffioners appointed by the faid recited A6ls of the firft and fourth Years of his late Majefly, for the ' determining Claims as aforefaid : And the faid James Bartholomew Radclijfe did alfo fhew to your Maje- ' although he was born of natural-born Subjefts, as before is mentioned ; and thereupon the faid Janus ' Alien under the faid Aift of the fourth Year of your Majefty's Reign, it could not be of any Avail to ' him to litigate the Queftion 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 Bartholomeiu Radclijfe was abfolutely un- ' feveral Reafons and Arguments in Support of his Right and Title to the faid Eftates, and whether he ' Cafe he would be incapable to hold any Eftate againft the Crown, yet neverthelefs he did contend, that ' faid Settlement ; in regard whereof, and of the many fingular Hardfhips attending his Cafe, he did hum- ' bly befeech your Majefty to extend your Grace and Favour to him, and to grant him fuch Relief for his ' Support, as the Circumftances of his Cafe fliould require : And whereas your R'lajefty, out of you; ' Royal Nature, hath been pleafed tofignify to your Parliament, That your Majefty was gracioufly inclin- ' ed, that fome Relief fhould be granted to the faid James Bartholomeiu Radcliffc, fo as the fame fhould ba ' confiftent with the juft Rights of Greetnuich Hofpital : And whereas the faid Commiflioners and Go'ernors ' true Litent of the faid Aft of the firft Year of the Reign of his late Majefty King George the Firft, ' and of the faid other A£l of the fourth Year of his Reign, the Ufe and Eflate in Remainder limited by ' the faid Settlement of the twenty-fourth Day of June one thoufand feven hundred and twelve, to the firit ' and other Sons of the faid Charles RadcUffe, was loft and deftroyed, by reafon that the fame was not ' claimed before the Commiflioners and Truftees appointed by the faid Aft, for and on the Behalf of fuch ' ' fii'ft and other Sons, within the Time prefcribed by the faid Afts ; and it may alfo be doubted, whether ' the Claim made in i?ehalf of the faid John RadcUffe of the precedent Ufe and Eftate limited to him, and the Allowance thereof by the Court of Delegates, in fuch Manner as before is mentioned, did not rcveft all the Manors and Hereditaments comprized in the faid Settlement of one thoufand fe'en hundred and twelve, to the feveral Ufes limited in and by the faid Settlement, with fuch Remainders as therein arc ' not extend to make the faid Ufe and Eftate in Remainder, limited by the faid Settlement to the firft and ' other Sons of the faid Charles Radcllife (they not being born or in being at the Time of the faid Acts, ' and therefore not being Perfons actually having any Eftate and Litereft at that Time) abfolutely null and ' void, then the Eftate and Intereft of your Majefty, and cotifequently the Right and Title of the faid Ho* then a new Right might accrue to your Majefty, in virtue of your Prerogative Royal, fo foon as an In^ ' quifition fliould be taken, finding the faid James Burtholr.ruew Radclijfe to be an Alien accordingly : In ' regard of all which, and many other Doubts and Difficulties, the faid Commiflioners and Governors arc ' advifed. That it will be for the Intereft and Advantage of the faid Hofpital to confent that the faid Ma- '• mentioned ; fo as that the Right and Title of the faid Hofpital to the faid Manors, Lands and Heredita- ' ments, may he fully eftabliftied, and that the Fee and Inheritance thereof may be abfolutely -efted in ' Truftees for the Ufe and Benefit of the faid Hofpital for ever, free and difchargcd from all the Right, Ti- ' tie, Claim and Demand of the fiid James Bartholomew Radclijfe, and of his Majefty in his Right, and of ' all others claiming by or under any of the Limitations contained in the faid Settlement, fo dated the faid ^ Compaiflioncrs and Governors of the faid Hofpital may have and cxcrcife full Power tg cut down and 3 ' make
 * Death of the faid Charles Raddiffe, he the faid James Bartbolomeiv Radclijj'c did wdl hope, that theCoi-;-
 * the Death of the faid Charles RadcUffe, to the Pofleffion of the faid laft-mentioned RIanors, Lands, and
 * on the Belialf of the firft and other Sons of the faid Charles Radctiffe, had made any Claim before the
 * fty, that he found it might be objefted to him, that, as he was born within the Dominions of the French
 * King, in the Year one thoufand feven hundred and twenty-five, and out of 5'our Majefty's Legiance, he
 * was to be confidered as an Alien, and was to be excluded from all Right and Title to the faid Lltates,
 * Bartholomeiu Radclijfe did moft humbly reprefent it to your Majefty, that if he fhould be found to be an
 * able to bear the Expence of fuch a Litigation, he did therefore fubmit to vour Majefty's Confideration
 * was to be confidered as an Alien or not ; and although he v.'as to be confidered as an Alien, in which
 * he was capable for the Benefit of the Crown, to take fuch Eftate and Intereft as was limited to him by the
 * Princely Clemency, and from thofe Motives of Goodnefs and Compaffion, which are inherent in yoi:.
 * of the faid Hofpital are advifed. That great Doubts may arife, whether upon the Conftrudion of the
 * expreffed : And the faid Commiflioners and Governors are alfo advifed, That in cafe the faid Act (hould
 * fpital, which depends on the Continuance thereof, may be confidered as having determined on the Death
 * of the faid Charles RadcUffe; and if the hA James Bartholomew Radclife {hou]d be confidered as an Alien,
 * nors, Lands and Hereditaments fhall ftand charged with the raifing fiich Sum of Money as herein after is
 * twenty-fourth Day of jw/ziT one thoufand feven hundred and twelve, as aforefaid; and fo that the faid