The CASE of Divers Creditors of King CHARLES I. TOUCHING Some CROWN-LANDS, Conveyed by the said King, to Trustees, for Payment of their Debts; WITH Reference to the Bill for the Quiet of the Subject against Concealments.

SIR Allen Apsley, 15. Septem. 1629. being one of the Surveyors-General for Marine Causes, in the Reign of King Charles I. and pretending that there was due to him, and his Creditors 40000 l. from the King, for Provision of Victuals for the Fleet, Petitioned the King on the Be­half of himself, and Creditors, That an Assurance might be given of Land, for Satis­faction of 20000 l. Part of their Debt: And thereupon obtained a Grant from the Crown, to White, Steventon, and Perkins, and their Heirs (in Trust for Sir Allen Apsley) of the Mannor of Newington-Barrow, alias Hiberry, and divers other Mannors and Lands, which are now of very great Value; which Grant was obtained upon a false Suggestion, Sir Allen Apsley being then in Arrear to the Crown above Two Hundred Thousand Pounds.

It appearing that the Creditors did remain unsatisfied,3 Novemb. 1637. and that Sir Allen Apsley was Debtor to the Crown, as aforesaid, it was ordered in Council, that the Attorney-General should take Course to Levy the said Arrears, due to the Crown upon the Premises, and all Sir Allen's Estate; and that the Money should, in the first Place, be applied for Satisfaction of the Creditors: And some Proceedings were had thereupon; but the War breaking out, all Things rested 'till the Return of King Charles II.

The Creditors,1664. by Petition, representing their Case to the House of Commons, it was refer­red to a Committee, who, after a full Examination of the Matter, making their Report, a Bill was brought into the House, for vesting the Mannor of Newington, &c. in the Creditor, for, and towards their Satisfaction, and the Surplusage to the King; but the Parliament being soon after Prorogued, nothing further was done.

By an Order of Council,20 October 1669.made upon the Petition of the said Creditors, it was referred to the Lords Commissioners of the Treasury, to Examine the said Matters, and to do all things expedient for Satisfying the Creditors, and getting back the said Land to the Crown: Whereupon the Lords of the Treasury referred it to the Surveyor-General, and Attorney, who Certified, 'That some speedy Course ought to be taken for Satisfying the Creditors out of the said Lands, 'and the Over-plusage to be to the King.

Upon the Petition of Thomas Baker, 5 August 1687. Esq to the late King James, it was referred to the Lords of the Treasury, who referred it to Graham and Burton, to State the Fact; who accordingly made their Report: But the Revolution soon after hapening, nothing further was done.

Upon the Petition of the said Mr. Baker, 22 Decem. 1690. who offered at his own Cost and Charges to Vacate the said Grant and to pay and satisfy the said Creditors, (more than One Hundred Familes) who were grievously oppressed for Want of their Money, and to put His Majesty in Possession of the Surplus of the said Land, in Case the Petitioner might have a Lease of the Moiety thereof for 99 Years, under the Rent of a Pepper-Corn, by Way of Recompence for his great Trouble and Charge: It was referred to the then Solicitor-General, now Lord-Chancellor, to certify a true State of the Fact, together with his Opinion what was fit to be done.

The Solicitor-General certified a State of the Case; and that,24 March 169 [...]. in his Opinion, some effectual Course ought to be taken, that the Creditors might be satisfied, and the Crown no longer kept out of the Surplus.

That Length of Time ought to be no Objection, there having been, as it were, a continual Claim made, tho' by Accidence of the Time, nothing had been done effectually.

That the Grant made to the Pattentee might be avoided, being obtained upon a false Sug­gestion of Sir Allen Apsley, and the King deceived in his Grant: And if the Grant was Valid in Point of Law, it was a Trust for the Creditors so far as 20000 l. and for the Crown as to the Surplus.

And that he thought the Terms proposed by the Petitioner were not unreasonable: But Mr. Baker dying, nothing farther was done.

The only Remedy the said poor Creditors (being above One Hundred Families) have for the Recovery of the said Lands, and Satisfaction of their Debts, is by Suit in the King's Name: Which by the Bill for the General Quiet of the Subject against Concealments, &c. will be entirely taken away.

The said Lands being Conveyed by the said King upon valuable Consideration, as a Security for Payment of His just Debts: And the said Lands being sufficient to satisfy them, with a very great Overplus to the Crown, 'tis humbly hoped, This most Honourable House will admit of a Proviso to be annexed to the said Bill, saving to the said Creditors such Remedy as they now have for Recovery of the said Lands.

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