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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

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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
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
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 Vlster 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 Page 11. line 3. for to read by FINIS