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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-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-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 1480 l. 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 493 l. 6 s. 8 d. 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-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 465 l. 8 s. 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 10 l. Thomas Greene shall be Bayliff cum feod ' Anni 10 l. Bradbury and his wife shall receive their Bill of Disburments viz. 386 l. together with a yeerly Pension out of the Lands Brave Encouragements for Champetters and Maintainers Thomas Greene shall receive his Bill of Disbursements viz. 65 l. 18 s. and also 17 l. Hercules Geildestand shall receive his Bill of Disbursments viz. 287 l. 7 s. and for the recompence of his pains and prosecution 10 l. 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