Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	judge_n	king_n	law_n	5,155	5	5.2571	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87071	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.	Hansard, William.; Hamilton, Frederick, Sir, fl. 1645.; Committee of Adventurers in London for Lands in Ireland.; England and Wales. Parliament. House of Commons.; England and Wales. Commissioners of Both Kingdoms.	1646 (1646)	Wing H661; Thomason E335_12; ESTC R200787	11,563	41

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 Vndertakings 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 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 Vlster 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