The Case of Dame Fancces Clifton the Relict of Sir Clifford Clifton Baronet deceased, and William Clifton, Katherine and Arabella Clifton, the Son and Daughters of the said Sir Clifford, Humbly presented to the Consideration of the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled. IN Michaelmas Term 9 Car. 1. Sir Jervis Clifton Knight and Baronet, and Jervis his Son and Heir apparent Esquire, levied a Fine Sur cognizance de droit come ceo, to Timothy Pusye Esquire, and by Indenture Dated the 20 September 9 Car. 1. made between the said Sir Jervis, and Jervis his Son, of the one part, and the said Timothy of the other part, declared the Uses thereof, by which said Deed, Fine, and other Conveyances since made Sir Clifford Clifton deceased, was, during his life seized of and in the Manor of Clifton and divers other Manors, Messages, Cottages, Lands, Advowsons', Tenements, Meadows, Closes, Pastures, etc. In the Parishes of Clifton Wilford, etc. for Term of his life, with the immediate remainder thereof to William his eldest Son, and the Heirs males of the body of the said William, Remainder over to all other the Sons of the said Sir Clifford Clifton in Tail successively, Remainder to all other the Sons of Sir Jervit Clifton. (except Sir Jervis Clifton) his eldest Son) in Tail male, successively Remainder to all the Daughters of the said Sir Jervis Clifton the Father in Tail, Remander to the use of the Daughters of the said Jervis Clifton the Son in Tail, Remainder to the Daughters of Sir Clifford Clifton in Tail, Remainder to Sir Jervis Clifton the Son, Sir Clifford Clifton, Robert Waring, Robert Butler Gent▪ their Heirs and Assigns for ever, with power to Sir Clifford, to make any Lease or Leases of the Premises, except the Manor-house of Clifton and Hodsock, and the Park for 21 years or under, or three Lives, or for years determinable upon two or three Lives, so as the Leases take commencement from the time of making, or a time then past, and the accustomary Rent be thereupon reserved, with further power by his Deeds or last Will in Writing to Grant or Devise two third parts of the Premises, with or without reservation of any Rents to any Persons for any number of years, to take commencement from his death, so as the same determine upon the death of the Heirs male of the said Sir Clifford Clifton's Body or his attaining the age of 21 years. That Sir Clifford Clifton became engaged for great Debts, which his Father contracted by reason of the late unhappy War, and was otherwise indebted in several Sums of Money himself, the which he intended to satisfy by the taking of several Fines, for the renewing of several Leases of the Premises accordinng to the power given him as aforesaid, for the Terms of years or lives as aforesaid, which before he could accomplish, he was surprised by Death. That Sir Clifford Clifton by Will dated the 11 of August 21 Car 2. did give to the Lady Frances his Wife, and Jervis Holland his Kinsman, two third parts of the Premises until William his Son should attain the Age of 21 years or die without Issue male of his body. But if the said Lady Frances should be in senite with a Son, at the time of the said Sir Clifford's death, and should be born alive, than the said Sir Clifford did appoint, that the said Lady Frances, and Jervis Holland, should enjoy the two third parts, until such after-born Son, should attain the age of twenty one years, or die without Issue male of his Body. In trust for payment of his debts, afterwards in trust for him or them, to whom the freehold of the premises should appertain; and appointed the said Dame Frances and Jervis Holland his Executors, and William Sacheverill, and the said Jervis Holland, Guardians of his said Son William, and by his said Will bequeathed to Katherine and Arabella his two Daughters, 4000 l. a piece, with this his said further direction, that if either of them died before Marriage, the Survivor should have 6000 l. to her Portion. Sir William afterwards died seized of the premises, leaving William his Son, of the age of eight years, and Katherine and Arabella his two Daughters and no other Children. The said Sir Clifford, being by death prevented from executing such Leases as aforesaid, (the which Leases he had agreed to make, and were drawn, and some of them Sealed) and his personal Estate being but small, his debts and Daughters portions cannot be satisfied, unless such Leases be made for raising of the Fines, which he had in his life time agreed for, and the profits of the said two third parts of the said Estate, be employed to those purposes, during the minority of the said William Clifton. The Bill therefore prays, that it may be Enacted, that the said William Sacheverill, the Lady Frances Clifton, and Jervis Holland, and the Survivors or Survior of them, may have Power and Authority: And it is Enacted, that they and the Survivor of them, are enabled and empowered, during the minority of the said William, by writing indented under their or the Survivors or Survivor, of their Hands and Seals, to make such Leases of the premises or of any part of them, (except as aforesaid) to any person or persons, for any time not exceeding twenty one years, or three Lives, in possession and not in Reversion to take effect from the making thereof, under the ancient and accustomary yearly Rents, which Rents, are to go along with the Reversion and Remainder of the premises, immediately expectant upon such Estate for years or Lives, and to be recovered by him or them, who shall be seized from time to time, of or in the next immediate Remainder or Reversion, expectant upon such Estate for years or Lives, in such manner as if such Leases and Estates, had been made by Sir Clifford in his life time, and such Leases to be as effectual, as if made by Sir Clifford himself. It doth further Enact, that two third parts of the said Manors and Premises, shall be vested in the said Lady Frances, and Jervis,— Holland, and the Survivor of them; and the Executors and Administrators of such Survivor, till william Clifton die without Issue Male, or attain to the age of twenty one years, which shall first happen, discharged at the Trust of Sir Clifford's Will; but subject to the Estates and of Leases for years or Lives made by Sir Clifford in his life time, according to the aforesaid settlement, and with the Estates for years or Lives, which shall be madeby the aforesaid William Sachervill, Lady Frances Clifton, and Jervis Holland, or their Survivors in persuance of this Act. And it doth further Enact, that the Moneys raised by Fines upon such Estates to be granted by the persons aforesaid, and the Moneys raised out of the said two third parts of the said premises by the said Lady Frances and jervis Holland, reasonable and convenient maintenance for the said Katherine and Arabella Clifton, being first according to the direction of _____ _____ deducted and allowed, shall be applied to the payment of the just debts, owing by Sir Clifford at the time of his decease; and after the debts paid, then to raise such Portions for the said Katherine and Arabella as is appointed by the Will aforesaid. And if such Portions cannot be raised after such Debts paid, than such Moneys as shall be raised, shall be equally paid between the said Katherine and Arabella (so far as the same shall extend) for their Portions, and if there shall be a Surplusage after the Debts and Portions paid, the same shall be paid to William Clifton, his Executors or Administrators, with a General saving of all Persons Rights, Titles and Interests, excepting William Clifton and the Heirs males of his body, and such other person and persons to whom any Estate of or in any the said Premises is limited or appointed by the Indenture aforesaid, and his or their Heirs of their bodies or Heirs males of their bodies or Heirs General and Assignees. It is humbly Offered, that all Parties concerned are consenting to the passing of this Act desired.