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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	john_n	knight_n	sir_n	20,604	5	7.8822	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

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-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-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-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

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-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

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