THE CASE OF THE CREDITORS, OF Joseph, and Nathaniel Hornby, In Relation to the Bill of Mrs. Katherine Fitz Gerald Villers, Widow of Edward Fitz Gerald Villers Deceased.  
THE great Question with Relation to the said Creditors is, whither there ever was any such Deed of Settlement Executed as is recited in the Mortgage, for 2000 l. made in May 86 by the said Edward to Sr. Theophilus Oglethorpe in which it is recited, that the said Edward had Power to grant or Mortagage the Lands in the Bill for raising any Sum, not exceeding 12000 l. for payment of the Debts, or Portions for his Younger Children: Now the Reasons that induce the Creditors to believe there was a Deed Executed with such Power is, for that the Mortgage was made within three Months after the Deed of Settlement, and the Draught of a Settlement was produced to Counsel, which was affirmed to agree with the Deed; and therein there was such a Power as is recited in the Mortgage to Sr. Theophilus and Mr. Edward Villers, the Mortgager was esteemed a Gentleman of that Worth and Honour, that he would not have offered it as a security, in case he had no such Power.  
Now admitting the Case to be otherwise, and that Mr. Edward Villers was mistaken, and had no such Power as is recited in the Mortgage, and that the Power he had was only what is given him by a Deed of the 24th of February 1685 which was produced to the Committee on Saturday last, whereby he had liberty by his last Will, or any other Writing by him to be perfected, to grant or convey the Estate for raising 12000 l. for the better provision for his said Wife, or Portions for his Younger Children: Then the Question will be how far this Mortgage may be made good in a Court of Equity, considering the several circumstances that attend the Case: For first, if Mr. Edward Villers had Mortgaged the Estate for any Sum for the Maintenance of his Wife, that Money, when raised, had been in his own disposal, there being no provision to the contrary, in the Deed produced to the Committee.  
Secondly, in that very produced Deed, Mr. Villers had power to grant Leases for Three Lives, or 41 Years, reserving a Moiety of Rents usually paid; Now this was giving such a Power over the Estate, as might have Enabled him to Raise a much greater Sum, by letting Leases at one Half of the Rents, and if the Mortgage to Sir Theophilus, had been by Lease of the whole Estate, reserving but a Moiety of the Rent, it had been a good Security, and he might have enjoyed the Estate subject to the proviso, persuant to the Power in such produced Settlement.  
But besides all this, Mr. Villers by his Will, in which he Chargeth the Estate with 12000 l. gives 2000 l. thereof to his Wife, besides such of the children's Portions as should Die before they became Payable: Now certainly this 2000 l. aught to be Accounted as part of his Personal Estate, to pay a Creditor, where there is no other Assetts.  
Now, if the Creditors of Hornby can (as they are Advised they may) be relieved in a Court of Equity upon this Mortgage, which is since legally Assigned, and Conveyed to trusties for their Benefit, ‛ It's humbly hoped this Honourable House, in case they Pass this Bill, will make provision f●r their Receiving the said Debt.  
Note, The Creditors of Hornby, were never heard upon the matter, when the Bill was before the Lords, or had any Notice thereof, till the same was in the Printed Votes.