To the honourable the knights, citizens and burgesses assembled in the Commons House of Parliament. The several petitions of William Hansard and Sir Frederick Hammiltoun knight and colonel. Together with the true state of the case concerning the lands of Lifford, in the county of Donnegal within the kingdom of Ireland. As also the several remonstrances of the committee at Grocers Hall for Irish affairs, in the behalf of Sir Frederick Hammiltoun. With the order of the Honourable House of Commons to the Committee of both Kingdoms; and their order thereupon for Sir Arthur Haslerig to make report.

To the Honourable The Knights, Citizens and Burgeſſes Aſſembled in the COMMONS HOUSE OF PARLIAMENT. The ſeveral PETITIONS Of WILLIAM HANSARD and Sir FREDERICK HAMMILTOUN Knight and Colonel.

Together with the true State of the Caſe concerning the Lands of Lifford, in the County of Donnegal within the Kingdom of Ireland.

As alſo, the ſeveral REMONSTRANCES of the Committee at Grocers Hall for Iriſh affairs, in the behalf of Sir Frederick Hammiltoun.

With the ORDER of the Honourable Houſe of Commons to the Committee of both Kingdoms; and their Order thereupon for Sir Arthur Haſlerig to make report.

Printed at LONDON, Anno 1646.

To the Honourable the Commons in Parliament aſſembled. The humble Petition of William Hanſard, Sheweth,

THat Sir Frederick Hammiltoun Knight, above five yeers ſince, procured an Order from this Honourable Houſe, that the Rents and Profits of the Lands of your Petitioner (at that time an Infant) in and about Lifford in the County of Donnegal in Ireland, ſhould be detained in the hands of Sir Paul Daviis Knight, Edward Stanhope and George Walker Gentlemen, upon pretence of an extrajudicial Decree made by the late Earl of Strafford, in the behalf of your Petitioner; whereas the ſaid Decree was made in the Chancery of that Kingdom, and the Lord Chancellor, by the opinions of Sir George Shurley Knight, Lord Chief Juſtice of the Kings Bench; The Lord Sarsfeild Lord Chief Juſtice of the Common-Pleas; Sir Richard Bolton Knight, Chief Baron of the Court of Exchequer; and the Lord Aunger, then Maſter of the Rolls, pronounced the ſame. And after, upon Sir Frederick Hammiltouns Appeal here into England, the ſaid Decree was ratified and confirmed in the behalf of your Petitioner by the Lord Keeper of the Great Seal, and the Chief Juſtices of the Kings Bench and Common-Pleas in this Kingdom, and by His Majeſtie ratified accordingly.

Notwithſtanding Sir Frederick Hammiltoun by threats, diſtreſſes, forceable entries and bloodſheds, conſtrained the Tenants to pay the Rents of the ſaid Mannor and Lands unto him; which actions are no way warranted by the ſaid Order from this Honourable Houſe: and by this means your Petitioner hath been thrust and kept out of his just right and poſſeſſion above five yeers as aforeſaid (his estate therein being worth above 500l. per annum) and is now likely to periſh for want of bread.

He therefore humbly prayeth this Honourable Houſe to take his miſerable condition into ſerious conſideration; and the ſaid Sir Frederick Hammiltoun being now in Town, to give preſent Order he may forthwith anſwer his Contempt in abuſing of your Honorable Order; and that your Petitioner may receive ſome Rent our of his ſaid Lands for his preſent livelihood, until his Cauſe may be heard; and alſo that the ſaid Sir Frederick Hammiltoun may be cited to appear to anſwer his ſaid Contempt.

And your Petitioner ſhall ever pray, &c. WILLIAM HANSARD.

To the Honourable the Commons in Parliament aſſembled. The humble Petition of Sir Frederick Hammiltoun Knight and Colonel. Humbly ſhewing,

THat whereas there is a moſt ſcandalous Petition exhibited to this Honourable Houſe againſt your Petitioner, by and in the name of one William Hanſard; who, as your Petitioner conceiveth, is animated thereunto by ſome perſons diſaffected to the Petitioner for his former great zeal to the publike Service, and antipathy to their Knavery: in which Petition he alleadges that your Petitioner, by vertue of an Order of this Honourable Houſe, ſhould detain from him the rents and profits of certain Lands in and about Lifford in the County of Donnegal in the Kingdom of Ireland; which Lands he pretends to be his by Decree of Chancery there, and ratified and confirmed here by His Majeſtie: And moſt falſly ſuggeſts to your Honours, That the Petitioner ſhould practiſe indirect means to force the Tenants to pay their rents; as in that Petition is more fully and untruly inſerted. And this Petition, that it may take the deeper impreſſion, is printed, and diſperſt abroad, meerly to viliſie and diſparage your Petitioner in his Honour and Reputation, thinking your Petitioner had (that day the papers were diſperſt) left the Town, and gone to his Charge before Newark, as he then intended, not unknown to ſome of the Honourable Members of this Houſe; which if the Petitioner had gone without anſwering, might have brought a harder opinion of him.

May it pleaſe your Honours; your Petitioner hath but lately had intereſt in the ſaid Lands, onely as Heir to Sir John Vaughan late deceaſed, whoſe Daughter your Petitioner married, and in whoſe favour that Order which Hanſard chargeth your Petitioner with, was obtained, and in his life-time received the Rents. And for that Decree to which he pretends as out of the Chancery, your Honours may be credibly informed, that it ſhall be made appear to be no ſuch Decree, but an extrajudicial proceeding of the late Earl of Strafford, ratified and confirmed here by the late Lord Keeper Finch (one of Strafford's creatures) and others, meerly upon a bare Reference from His Majeſtie, and by the Earl of Strafford's power and greatneſſe; for oppoſing of whoſe Tyrannical courſes, your Petitioners loſſes and ſufferings have not been few.

That the Petitioners ſufferings and loſſes, not onely before and ſince the horrid Rebellion in Ireland, are not unknown to this Honourable Houſe; beſides how that he hath ventured life and eſtate to ſtand by the juſt Cauſe of Parliamentary proceedings; never as yet having received either preferment or other reward from the Parliament, nothwithſtanding his conſtant Service, and great Arrears due to him: And now to be thus uſed by ſcandalous papers to be put in print and diſperſt againſt him, it tends exceedingly not onely to the diſhonour of this high Court and the Juſtice thereof, but to the dejecting of all faithful generous Spirits who conſtantly adhere to the Cauſe and Covenant.

The premiſes conſidered, And for that all that might be here alleadged to prove his right and title to the Lands aforeſaid, is too much to inſeri by way of Petition; his most humble ſuit therefore is, That this Honourable Houſe will be pleaſed for the preſent ſo far to vindicate your own Honour and Order, and the Petitioners reputation, as to make the ſaid Hanſard exemplary to all ſcandalous and vilifying perſons, by ſome ſuch ways and means as your Honours ſhall think fit. And for the determination of the premiſes to which he pretends right, the Petitioner ſhall moſt willingly condeſcend and ſubmit to the justice and equity of this Honourable Houſe.

Humbly praying, That in the mean time you would be pleaſed to caſt an eye upon the following Caſe, as it is truely ſtated, and the proceedings mentioned.

And he ſhall pray, &c. FREDERICK HAMMILTOUN.

The true ſtate of the CASE Concerning the Lands of Lifford.

SIR Richard Hanſard ſeiſed in Fee of the Mannor of Lifford in Ireland, and of divers Lands thereunto belonging, by his Deed bearing date the 6 of Octob. 6 Octobr. 16 Jacobi. 29 Septembris, 17 Jacobi. 16 Jacobi, made a Leaſe to Sir George Marbury and Thomas Perkins, from the death of the ſaid Sir Richard, for the life of Dame Anne his wife, and for Nine yeers after, in truſt, to employ the profits to ſuch uſes as Sir Richard ſhould by his laſt Will appoint.

Sir Richard Hanſard having taken ſome diſpleaſure againſt William Hanſard his Brother and Heir apparant, made his laſt Will, and thereby gave divers yeerly Sums, amounting in the whole to 86 l. per annum to divers charitable uſes; all which Sums he willed to be paid for ever by his Heirs, out of his Freehold-Lands, and to begin after his Debts paid, &c. with this further Clauſe, ITEM, I give, infeoff, and confirm, after Funerals, Buildings, and Legacies paid and performed, and two yeers after the ſaid Dame Hanſards deceaſe, All my eſtate, right, &c. in all my houſes and Freehold-Lands, to the ſole and proper uſe and behoof of John Hanſard the yonger, ſon of John Hanſard the elder of Ouſlaby, for life; then to the uſe of John Hanſard his ſon, and the Heirs males of their two bodies lawfully begotten: and for want of ſuch Heirs males, the eſtate and inheritance ſhall deſcend and divolve to the proper uſe and behoof of Robert Hanſard of London, Gent. and the Heirs males of his body lawfully begotten; then to the uſe of William ſon of Robert Hanſard, &c.

Then deviſeth two Acres to Richard Perkins and his heirs; the like to Mansfield; and the ſaid Land to be allotted out by the Executors, and thoſe eſtates to be eſtabliſhed by his Executors: and of his ſaid Will, did make his Wife, Sir George Marbury, Sir John Vaughan and Thomas Perkins Executors; to whom by the ſaid Will, he giveth certain Leaſehold-land.

Sir Richard Hanſard dies: and inaſmuch as there was no Feoffment before to the uſes of his laſt Wil, and the Lands not there deviſeable, the Fee and Inheritance deſcended to the ſaid William Hanſard, brother and heir of the ſaid Sir Richard.

2 Auguſti. 21 Jacobi. William Hanſard, the brother and heir at law, for 1480l. by Indenture grants the premiſes to the ſaid Sir George Marbury and Thomas Perkins, and their heirs, and to the uſe of them and their heirs; for 6 Maii. which they the ſaid Foeffees covenanted to perform the pious Requeſts of the ſaid Sir Richard, and were bound to Recognizance ſo to do.

Sir George Marbury and Thomas Perkins, for the ſum of 493l.—6s.—8d. grants part of the premiſes to the ſaid Sir John Vaughan & haered. to the proper uſe of the ſaid Sir John and his heirs; Reſerving nevertheleſſe particularly the third part of ſuch payments as by the laſt Will of the ſaid Sir Richard were reſerved to be paid for the charitable uſes, with a Covenant by Sir John, for the contribution to a third part of the ſaid charitable uſes.

All this appearing upon proof in Chancery, a Decree was conceived, but not drawn up for the purchaſers againſt the pretended deviſers of the Inheritance.

John Hanſard and his ſon dies without iſſue.

Upon Petition preferred to His Majeſtie on the behalf of William, ſon and heir of Robert Hanſard, ſurmiſing a Feoffment to have been made by Sir Richard to the ſaid Sir George Marbury and Thomas Perkins, and their heirs, to the uſe of the ſaid Sir Richard and his heirs, and of his laſt Will, and ſetting forth the requeſt of theſe charitable uſes; and that aſwell the Petitioner, who is thereby ſuppoſed to be right heir of the ſaid Sir Richard, as alſo the pious uſes, were fruſtrated by the Executors.

The King refers the conſideration of the ſaid Cauſe to the Lord Deputy, to the end that if the Cauſe be ſuch as requires relief in this kinde, his Lordſhip might take further order, &c.

Upon this Reference, the Lord Deputy withdraws and overthrows the proceedings in Chancery, and with the aſſiſtance of the Chief Juſtice of the Common-Pleas and Chief Baron of Exchequer reciting the Leaſe, the Will and ſeveral paſſages between the Executors, and the pretended Deviſees, and William Hanſard the heir, and Robert Davies, The preſumption and ſuppoſition of a Feoffment; and that the moneys for the purchaſe were raiſed by the Executors, and of the profits of the Land and perſonal Eſtate of Sir Richard; and that the ſaid Executors were aſwell truſted for Hanſard the Deviſee, as for the pious uſes; and their breach of truſt, by giving notice to William Hanſard the Heir, of his Title; and by compounding with him, Awards that Sir John Vaughan, and the heirs of the other Executors, receiving the moneys by them paid to William Hanſard, and Robert Davies not ſatisfied by the profits and perſonal eſtate of Sir Richard, ſhould convey the premiſes to perſons nominated by the ſaid Petitioner, to the uſes limited by the Will; and that the Defendants ſhould be anſwerable to the Petitioner for the ſurpluſage of the profits by them received above ſuch their expences; and a Commiſſion to iſſue for the aſcertaining thereof.

By an Order reciting the laſt mentioned Order, and an Order for the ſetling of the poſſeſſion of the premiſes, and conveying thereof, and of all the Defendants eſtate therein, unto the Complainant, and for the delivering of Evidences, and for the payment of 465l. —8s. by Sir John Vaughan to the Plaintiff, and another Order for the Sequeſtration of the Rents of the premiſes, and reciting the Plaintiffs minority, and ſeveral Sums of money expended and furniſhed in his behalf in the ſaid Suit, by Robert Bradbury, Sara his wife, Hercules Geildsland, and Thomas Greene; It is by the like aſſiſtance ordered that the premiſes ſhall be performed, the Lands conveyed to Edward Stanhope and George Walker, by a deed thereunto annexed, unto the uſes therein expreſſed. It is further ordered, that Edward Torleton ſhall be the Plaintiffs Steward and Sollicitor, cum feod' Anni 10l. Thomas Greene ſhall be Bayliff, cum feod' Anni 10l. Bradbury and his wife ſhall receive their Bill of Diſburments, viz. 386l. together with a yeerly Penſion out of the Lands:Brave Encouragements for Champetters and Maintainers. Thomas Greene ſhall receive his Bill of Diſburſements, viz. 65l.—18s. and alſo 17l. Hercules Geildeſtand ſhall receive his Bill of Diſburſments, viz. 287l.—7s. and for the recompence of his pains and proſecution, 10l. Annuatim during the Plaintiffs minority. The premiſes to be paid out of the profits of the premiſes formerly ſequeſtred, or to be raiſed by the Feoffees, the ſurpluſage of the profits to be diſpoſed by the Lord Deputy for the Plaintiffs benefit.

Now the Deed was expreſſed to be to the uſe of Stanhope and Walker for Seven yeers, for the performance of the purpoſes appointed in the Decree; and then to the uſe of William the Plaintiff in tail, the Remainders over pront in the Will.

Upon this Caſe, theſe things are to be admitted.

1. That there was no Feoffment by Sir Richard to the uſe of his laſt Will. 2. That the Lands at the time of the Deviſe and death of the deceaſed, were not deviſeable by Statute or Cuſtom. 3. That upon the Conveyance by William Hanſard to the Executor & his Releaſe, proviſion is made for the charitable uſes in the Will, but not for the Hanſards, or the bequeſt to them.

The Queſtions therefore upon the Caſe will be of two kindes.

1. Concerning the right of the Hanſards in Law or equity. 2. Concerning the Judicial proceeding thereupon.

Upon the Right theſe ſeveral Queſtions have been propounded.

1. Whether the Deviſe being void in Law, ſhall yet charge the Land deſcended to the Heir with any truſt or equity for the Hanſards. 2. Admitting it doth; whether the Executors of Sir John Vaughan, having notice thereof, and purchaſing the Land for a valuable conſideration, are charged with that truſt. 3. Admitting it doth not charge the Land in the hands of the Heir; yet when the Land comes to the Executors by purchaſe, being perſons intruſted by Sir Richard for performance of his Will; whether they are chargeable with any truſts for the Hanſards. 4. Admitting they are; who ſhall be anſwered for the meaſne profits taken by Executors in the life-time of the predeceſſor of the Plaintiff?

Upon the proceeding, theſe matters have been moved and are enquirable: 1. Whether upon a Reference from His Majeſtie, the Lord Deputy and two Judges may determine a right of Free-hold, or any equitable matter concerning the Cauſe, without both parties conſent, the Suit depending in Chancery. 2. Admit he may; whether the proceedings of the Lord Deputy be warranted by the Kings Direction or no.

To the Firſt: As the Deviſe is void in Law to paſſe any uſe already created, there being no Feoffment to uſes, or to paſſe the Land (the ſame being not deviſeable:) ſo it is in it ſelf void to raiſe or create any truſt or uſe remediable in equity againſt the Heir of Sir Richard for the Hanſards.

1. Becauſe the intent of the Deviſor was by the Will to paſſe the Land it ſelf either to the Hanſards themſelves, or elſe to the Executors to the uſe of the Hanſards; and not to raiſe a uſe out of the eſtate deſcended to the Heir: for that was not the thing willed by the Deviſor, as appears by the Deviſe: and the Rule is generally true in all Laws, Si non valeat quod ago ut age, non valebit ut valere potest. 2. Although it were admitted that the Hanſards were of the blood of the Deviſor (which appears not) yet this Deviſe meerly voluntary, and depended onely upon the Will of the Deviſor; there being no precedent valuable conſideration on the part of the Hanſards, to draw out the eſtate or uſe from the Deviſor, but onely the bare Will of the Deviſor: therefore if the Law be againſt the Deviſees for the paſſing of the Land by the Will, which was the thing intended by the Deviſor; Equity will not ſpeak for them to create a truſt for their benefit, which was not intended, unleſſe the Land had paſſed; for the equity in this caſe follows the Law. 3. Although a Will may transfer a uſe already in eſſe, or by transferring the Land where it is deviſeable, may create a uſe out of the eſtates transferred; yet it cannot originally and immediately charge the poſſeſſion deſcended to the heir, with a uſe or truſt, eſpecially upon a meer voluntary act. 1. Becauſe it is no Deed. 2. The heir regularly cannot originally be charged by the Anceſtor with a uſe or with a truſt, if the Anceſtor, or the Land in the life of the Anceſtor, were not bound or charged.

Therefore Equity ſpeaks for the heir, to whom both Law and Equity gives the Land, if not diſpoſed, rather then from the Hanſards, to whom the Teſtator would have given it, but indeed did not. For theſe Reaſons, but eſpecially the two former, I conceive the heir not chargeable with any uſe or truſt.

As to the Second Queſtion: If it be admitted that the Lands in the hands of the heir of Sir Richard be charged with ſuch a truſt or uſe remediable in equity; then the Executors and Sir John Vaughan having notice thereof, ſhall be bound to execute the truſt, notwithſtanding the money paid by them.

As to the Third: If it be admitted that the heir of Sir Richard, or the Lands in his hands, are not cha • geable with any truſt or uſe remediable in equity; then, although the Lands come to the Executors as in the Caſe, yet they are not chargeable to execute any truſt for the Hanſards. My Reaſons are theſe.

1. Becauſe the Executors come to the Land under the heir, who was not chargeable with any truſt; therefore not the Executor, no more then if a meer ſtranger had purchaſed the ſame. 2. Although their perſons were truſted for the performance of ſo much as was in their power, viz. for the adminiſtration of his goods, and the diſpoſing of the profits of the Land during the Leaſe for nine yeers, according to the Will of the deceaſed; yet as to the Inheritance, they were not intruſted: for as it was not expreſly deviſed to them; ſo if it had, yet it paſſed not to them, but deſcended to the heir diſcharged of any truſt. 3. There being no truſt or uſe attaching upon the Land of the Deviſor, but the limitation of the Teſtator being in all points void, it is impoſſible that the Quality of the perſons to whom it comes afterwards, ſhould create a truſt or uſe which had never a being before. 4. As they were not truſted by the Teſtator with the Land; ſo there was no truſt at all for the Hanſards upon the purchaſe by the Executors. 1. Although by the expreſſe agreement of William Hanſard the heir, they were charged for the pious uſes; yet not a word of any truſt for the Hanſards. 2. They paid a valuable conſideration, which, for any thing appears, was their own money, and not money raiſed by them out of the goods or profits of the land of the deceaſed. 3. If it were raiſed of the profits of the Lands or Goods of the deceaſed, yet that is nothing to the Hanſards; for they were not entruſted with any the goods or profits during the Nine yeers, or otherwiſe for the benefit of the Hanſards: and as they did not, ſo had they no reaſon to employ the Teſtators goods for the benefit of Strangers rather then for Themſelves. 4. The ſeveral Treaties of the Hanſards, receives a ſufficient Anſwer, and doth not any way impeach the eſtate of the Executors.

For the Fourth: Admitting the Executors were chargeable, yet they are not bound in Law or equity (as I conceive) to be anſwerable to the Plaintiff for any meaſne profits taken.

1. Before the expiration of the Nine yeers. 2. Before the death of Jo: Jo: and Robert Hanſard the Plaintiffs father: for they belong not to the heir, becauſe onely Chattels; nor to the Executors, becauſe never reſted in the Teſtator.

Upon the Queſtions for the Judiciary Proceedings.

1. The determining of matter of Freehold in ſuch an extraordinary Award, upon a Petition without the conſent of both Parties, where the form of proceeding anciently ſetled in England or Ireland, as by the Record of thoſe times may appear. 2. If it were true, yet this Petition and this Anſwer I conceive to be no warrant to proceed in this manner.

1. Becauſe it appears that the very ground of the Petition was falſe principally in theſe points.

1. There was no ſuch Feoffment to uſes as therein is pretended. 2. There was no perverting or neglecting of the charitable uſes declared by the deceaſed. 3. The Petitioner was not heir to the deceaſed Sir Richard Hanſard, as is therein pretended.

2. Becauſe there was no Commiſſion thereupon given by His Majeſtie to proceed; unleſſe the Cauſe were ſuch as required relief in ſuch a kinde which refers to the truth and quality of the Surmiſes of the Petition, viz. if falſe, or remediable elſewhere, the Anſwer warrants not the proceeding.

3. Admitting the Cauſe required relief in this kinde, yet upon the laſt Decree there is cauſe of appeal: for beſides the inſerting of allowances and rewards for ſuch who were no parties to the Suit and whole proſecution and diſburſments on the Petitioners behalf, were not warranted by Law. The Appellant alſo is thereby bound to make a Feoffment to the uſes of the Decree during the Petitioners minority. And if the Appellant ſhould be queſtioned by the Petitioner at his full age again for breach of Truſt in making ſuch conveyance to ſuch uſes; I ſee not how the Petitioner ſhould be bound, or the Defendant ſecured by this Decree, in reſpect of the ſaid payments to be made to the Strangers.

7 Decembris, 1638.

Grocers Hall, 29 October. To the Honourable Committee of both Kingdoms. The humble REMONSTRANCE Of your SUB-COMMITTEE, Concerning Sir Frederick Hammiltoun Knight. Shewing,

THat by your Order of the 21 of October, 1644, we are commanded to conſider of Sir Frederick Hammiltouns ſervice, and what proportion of the money that is to come in upon the Aſſeſſement for Ireland, ſhall be aſſigned unto him. We humbly inform, that he hath given us ſuch an account of his actions in the particular ſervices done by him and his handful of Forces againſt thoſe Rebels ſince the beginning of the Rebellion in Ireland, that no one man in that Kingdom (in our opinions) with ſo ſmall a Force as he hath had, can poſſibly pretend to more ſatisfaction from the State then himſelf; wherein he hath behaved himſelf with ſuch valour and reſolution, and hath gone thorow ſo many difficulties and dangers with good ſucceſſe, as in our opinions we think him worthy of all encouragement, and a perſon fit to be employed in the Service there, in whatſoever Charge and Command that ſhall be conferred upon him. And that men of his merit may be encouraged to the like Ʋndertakings, you may be pleaſed to think of him for the future, to put ſome Mark of Honour and Acknowledgement upon him accordingly, as in your Wiſedoms you ſhall think fit. The Committee of Adventurers in London heretofore have made ſeveral Remonſtrances in his behalf; the last of them repreſented unto your Honours, we crave leave, together with an Information of his own to us concerning his ſufferings & loſſes, to annex with theſe, for your further conſideration; which have moved us (amongst many other things) to inform your Honours, that if you ſhall ſo think fit, he may receive Two thouſand pounds out of the Moneys to come in upon the ſaid Ordinance for raiſing of Eighty thouſand pounds, wherewith to ſatisfie and diſcharge the engagements he hath contracted in this time, to ſupply himſelf, family and ſouldiers withal, in this time of action; he having received no pay nor helps, but a little pittance which the Committee of Adventurers in London ſent to him heretofore, to relieve him in his great distreſſes, which is not worthy Remembrance; all the Officers and Souldiers of the Britiſh Regiments in this time having received far more in proportion: And for the time to come, he may be thought upon to be provided for, as others that ſhall have the like Employments and Commands in which you ſhall be pleaſed to put him. All which nevertheleſſe 〈1 page duplicate〉〈1 page duplicate〉〈1 page duplicate〉〈1 page duplicate〉 we humbly leave to your Honours graver Judgements.

D. WATKINS, By direction of the ſaid Sub-committee.

To the Honourable Sub-committee ſitting at Grocers Hall for Iriſh affairs. The humble REMONSTRANCE OF Sir FREDERICK HAMMILTOUN, Knight and Colonel. Shewing,

THat in the beginning of the bloody Rebellion, and for many yeers before, he commanded a Gariſon of the old ſtanding Army in Ireland at Mannor Hammilton, in the Province of Connaught and County of Letrim.

That being at London-derry when the ſaid Rebellion brake out, ſome Sixty miles from his Caſtle and Gariſon, he got home with no ſmall hazard of his life.

That immediately he made up his Company of Foot Two hundred, and Fifty Horſe, maintaining them with his own means and proviſions.

That he by that ſmall handful of Horſe and Foot, hath done (by Gods merciful and powerful aſſiſtance) ſo great ſervices, as he hath not onely maintained his Caſtle to this day, in the midſt of many enemies both from Ʋlster and Connaught, without aid or relief, but hath alſo hanged and cut off many principal Rebels, with divers hundreds of their followers, and amongſt them ſeveral ancient and expert Souldiers ſent from the King of Spain's Service to aſſiſt that horrid action, as doth appear by their ſeveral Paſſes, Papers and Commiſſions formerly preſented to this worthy Committee.

That by means of his Appeal to His Majeſtie, and his ſeveral other oppoſitions to the late Earl of Strafford, late Lord Lieutenant of Ireland, for divers unſufferable injuries and extrajudicial proceedings againſt him and his late deceaſed Father-in-law Sir John Vaughan Knight, an ancient Privie Councellor of that Kingdom, who had honourably and faithfully ſerved the Crown of England in that Army for above Fifty yeers together, dying Governour of London-derry ſince this Rebellion, leaving your Petitioner as his Heir and Executor, with a great burden of Debt, by means of the croſſes put upon him by the ſaid Earl of Strafford; there being in arrear of entertainment due to him and the Petitioner above Five thouſand pounds; as by their Warrants of full pay, ſigned by the Deputy and Generals hands, ſhall be made appear; beſides what may be due to us ſince this Rebellion, having never ſince received any.

That ever ſince this Rebellion brake out, he hath loſt the Rents of his whole Lands in Connaught, where he received in peaceable times neer Two thouſand pounds per annum; beſides the loſſe of his Stock of Corn and Cattel, with his breed of Horſe and Mares, being neer Four hundred young and old; which he ſo highly eſteemed and valued at that time, as he would not have taken Five thouſand pounds for them.

That he likewiſe had his whole Town and Gariſon, with two ſufficient Corn-Mills, quite burnt down, neer to his Caſtle-walls.

That he likewiſe hath received little or no benefit of neer Six hundred pounds per annum which he enjoyed in the Counties of Donnegal, London-derry and Tyrone, in the Province of Ʋlster, beſides the perſonal Eſtate of his Father-in-law likewiſe deſtroyed by the Rebels.

That he alſo hath the Broad Seal of England for the Iſland of Valencia in the Province of Munſter and County of Kerry, conveyed to him from Sir John Airs Knight, in King James his time, whereof he had the peaceable poſſeſſion, and attornament of the Tenants in that Iſland.

That the Regiment of Sir Robert Steward, and the Troop of Horſe which he commands, hath taken up of the Petitioners Rents and his Tenants above Four thouſand pounds ſince this Rebellion, in money and goods; which he holds hard meaſure, himſelf being a Souldier, and having acted his part in that Kingdoms Service, that any other ſhould have the benefit of his Rents and Tenants, having Children and Souldiers of his own to maintain there, and cannot at this time receive any; which he prays means may be made to the honorable houſe that this may be remedied, until they be able to provide better for the Petitioner; he having in all this time received no relief or ſupply but what this worthy Committee was once pleaſed to ſend him, out of their own reſpects: which great teſtimony of your favours, in time of diſtreſſe, ſhall be ever thankfully acknowledged.

And being now referred unto you by the Honourable Committee of both Kingdoms, he prayeth you would be pleaſed to take him into your ſpeedy conſideration, both for ſuch ſatisfaction as you ſhall think fit to adviſe, towards his great loſſes and paſt ſervices, as for what otherwiſe you ſhall think fit and convenient to be done for him for the future, wherein he ſhall always faithfully ſerve this Cauſe, and acknowledge your favours.

FREDERICK HAMMILTOUN.

To the Honourable Committee of both Kingdoms. Grocers Hall, 12 Aug. 1644 The humble REMONSTRANCE Of the SUB-COMMITTEE At Grocers-Hall for Iriſh affairs, In the behalf of Sir Frederick Hammiltoun.

THey humbly crave leave to recommend unto your Honours Sir Frederick Hammiltoun Knight, a Gentleman well known to both the Honourable Houſes of Parliament, and who hath expreſſed his good affection to their proceedings, by the great ſervice which he hath done against thoſe Rebels of Ireland ſince the Rebellion; being Honourable both by Birth and Acquiſition; having been a Colonel, and commanded a Brigade of more Regiments in the King of Swedland's Army when he was living; and after that, a Regiment of Horſe in Scotland; and hath had ſome command for a long time in Ireland (though not of ſuch eminency as he deſerveth.) He is an Inhabitant within that Kingdom, and as well underſtanding that Countrey and thoſe Rebels, as any other there: That he may be recommended to the Honourable Houſe of Parliament to be made a Colonel of a Thouſand Foot, and to have the Command of a Troop of Horſe; either to be placed over ſuch Forces whereof the Commanders ſhall be now diſplaced and removed there, or over ſuch other Forces as are now there in the Province of Ulſter, which are not yet Regimented, as thoſe Eleven Companies in London-Derry, and others the like in that Province; or over thoſe Forces not Regimented in Connaught, where he hath a fair Eſtate, and may the more engage him in the Service; or how otherwiſe the Parliament ſhall think fit. And if a Governour be to be appointed in the City of London-Derry, this Committee is informed that no man is better able to diſcharge that Trust, where his Father-in-law, Sir John Vaughan, now deceaſed, had the Government before, and with which the ſaid Sir Frederick Hammiltoun is well acquainted, and no doubt but will be well accepted of the Citizens.

D. WATKINS. Sam. Moyer. Rich. Leader. Hen. Fetherſton. James Houblon. John Dethick. John Kendrick. Sam. Avery. Jerom Alexander. George Thomaſon.

Die Lunae, 17 Martii, 1644.

IT is this day Ordered by the Commons aſſembled in Parliament, That the Remonſtrance of the Committee of Adventurers for Ireland concerning Sir Frederick Hammiltoun, with the Papers annexed, be recommitted to the Committee of both Kingdoms, to take them, and likewiſe the Petition in Maſter Vaſſals hand concerning London-derry, into ſpeedie conſideration, and to bring a Report into the Houſe, with an opinion what is fit to be done upon the whole.

Hen. Elſynge, Cler. Parl. D. Com.

For Sir Arthur Haſelrig, to be reported. At the Committee of both Kingdoms, 24 March, 1644. Ordered,

THat it be reported to the Houſe, That whereas it is referred to this Committee to give their opinion what is fit to be done for Sir Frederick Hammiltoun, for his good ſervice done; That in reſpect it is for Service past, this Committee cannot do it out of the money of the Ordinance of October last; and therefore to deſire the Houſe to take ſome other way how to recompence his ſervice.

That concerning his Troop of Horſe, and new-levied Foot, for that they have not yet been taken on by the Establiſhment, that there can be no allowance made them out of this Money, unleſſe the Houſes be pleaſed to give order for it by ſome other way.

By command of the ſame Committee. J. Cheiſlie.

VVHich Report hath never yet been made, neither hath there any thing been done for the ſaid Sir Frederick in any of theſe Particulars: which he humbly prays the Honourable Houſe now at laſt to give him their ſpeedy Anſwer what he may truſt to; hoping his ſervice and long ſufferings will appear to have deſerved better, then to be made yet more miſerable with longer attendance.

FRED. HAMMILTOUN.

ERRATA.

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