A Mortgage of 700 l. per Annum, 1664 is made by Sir Robert Holt to Mr. Fountaine, and also a Recognizance of 8000 l. is assign'd to him for securing 5000 l. lent in Mr. Fountaine's Name, in Trust for Mr. John Coke, since deceased.

Mr. Fountaine, who pretended a Gift of this Money, from Mr. John Coke, after ten Years Suit with Mr. Coke's Executors, and several Hearings, is decreed to transfer the Securities to Mr. Coke's Execu­tors; and these Executors have been since adjudg'd to be Execu­tors in Trust for Edward Coke Esq; an Infant, who in Trinity-Term 1693, obtain'd another Decree against Sir Charles Holt for this Money, and all Interest since the Loan of it, and for Non­payment to hold the Mortgag'd Estate discharg'd of all Equity of Redemption. About 2800 l. has been paid for Interest, and receiv'd out of the Profits of the Mortgag'd Estate: 3000 l. more paid into the Court of Exchequer, and 2000 l. more paid lately to Mr. Edward Coke's Guardian in Obedience to the last Decree.

Mr. Fountaine, who has the Estate in Law, and the Securities in his Hands, and is the only Person capable to reconvey the Estate, refuses to reconvey it, or to deliver up the Securities, and hath stood out all Process of Contempt for eleven Years.

Sir Charles Holt always has been, and still is desirous, and ready to pay what remains due, if he may have his Estate, and is not capable of raising the Money otherwise.

It is contrary to all Justice and Equity, that Sir Charles Holt, who has been forc'd to pay the greatest part of the Debt, and is ready to pay the Residue, should lose an Estate of 700 l. per Annum, and have the rest of his Estate subject to a Recognizance.

The Cause has pass'd the ordinary Judicature of the Nation, and that cannot divest the Estate out of Mr. Fountaine, nor restore it to Sir Charles Holt: and unless there be some Remedy by Act of Parliament, Sir Charles Holt must lose his Estate, tho he would pay his Debt; which Case it is humbly hop'd may deserve (if any Case can) the Relief of an Act.