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 Grocer's 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, Shows, THat Sir Frederick Hammiltoun Knight, above five years 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 King's 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, than 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 King's Bench and Common-Pleas in this Kingdom, and by His Majesty ratified accordingly. Notwithstanding Sir Frederick Hammiltoun by threats, distresses, forceable entries and bloodsheds, constrained the Tenants to pay the Rents of the said Manor 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 years 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 Honourable 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, etc. WILLIAM HANSARD. To the Honourable the Commons in Parliament assembled. The humble Petition of Sir Frederick Hammiltoun Knight and Colonel. Humbly showing, 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 public Service, and antipathy to their Knavery: in which Petition he alleadges that your Petitioner, by virtue 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 Majesty: And most falsely 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 dispersed abroad, merely to vilify and disparage your Petitioner in his Honour and Reputation, thinking your Petitioner had (that day the papers were dispersed) 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, only 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, merely upon a bare Reference from His Majesty, and by the Earl of Strafford's power and greatness; for opposing of whose Tyrannical courses, your Petitioners losses and sufferings have not been few. That the Petitioners sufferings and losses, not only 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 proceed; never as yet having received either preferment or other reward from the Parliament, notwithstanding his constant Service, and great Arrears due to him: And now to be thus used by scandalous papers to be put in print and dispersed against him, it tends exceedingly not only 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 alleged 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 truly stated, and the proceed mentioned. And he shall pray, etc. FREDERICK HAMMILTOUN. The true state of the CASE Concerning the Lands of Lifford. SIR Richard Hansard seized in Fee of the Manor 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 years 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 apparent, made his last Will, and thereby gave divers yearly 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, etc. with this further Clause, ITEM, I give, infeoff, and confirm, after Funerals, Buildings, and Legacies paid and performed, and two years after the said Dame Hansards decease, All my estate, right, etc. in all my houses and Freehold-Lands, to the sole and proper use and behoof of John Hansard the younger, 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, etc. 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 Will, 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 nevertheless 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 Majesty 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 kind, his Lordship might take further order, etc. Upon this Reference, the Lord Deputy withdraws and overthrows the proceed 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 expenses; and a Commission to issue for the ascertaining thereof. By an Order reciting the last mentioned Order, and an Order for the settling 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 Solicitor, cum feod' Anni 10 l. Thomas Greene shall be Bailiff, cum feod' Anni 10 l. Bradbury and his wife shall receive their Bill of Disburments, viz. 386 l. together with a yearly 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 recompense 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 sequestered, 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 years, 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 kinds. 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 entrusted 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 Majesty, the Lord Deputy and two Judges may determine a right of , or any equitable matter concerning the Cause, without both party's consent, the Suit depending in Chancery. 2. Admit he may; whether the proceed of the Lord Deputy be warranted by the King's Direction or no. To the First: As the Devise is void in Law to pass any use already created, there being no Feoffment to uses, or to pass the Land (the same being not deviseable:) so it is in itself 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 pass the Land itself 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 merely voluntary, and depended only 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 only 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, unless 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 mere 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 than 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 than if a mere 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 years, according to the Will of the deceased; yet as to the Inheritance, they were not entrusted: for as it was not expressly 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 express 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 years, 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 than 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 years. 2. Before the death of Jo: Jo: and Robert Hansard the Plaintiffs father: for they belong not to the heir, because only Chattels; nor to the Executors, because never rested in the Testator. Upon the Questions for the Judiciary Proceed. 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 settled 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 Majesty to proceed; unless the Cause were such as required relief in such a kind 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 kind, 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. Grocer's Hall, 29 October. To the Honourable Committee of both Kingdoms. The humble REMONSTRANCE Of your SUB-COMMITTEE, Concerning Sir Frederick Hammiltoun Knight. Showing, 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 Assessment 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 thorough so many difficulties and dangers with good success, 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 Undertake, 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 Wisdoms 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 satisfy and discharge the engagements he hath contracted in this time, to supply himself, family and soldiers 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 Soldiers 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 nevertheless we humbly leave to your Honours graver Judgements. D. WATKINS, By direction of the said Sub-committee. To the Honourable Sub-committee sitting at Grocer's Hall for Irish affairs. The humble REMONSTRANCE OF Sir FREDERICK HAMMILTOUN, Knight and Colonel. Showing, THat in the beginning of the bloody Rebellion, and for many years before, he commanded a Garrison of the old standing Army in Ireland at Manor Hamilton, in the Province of Connaught and County of Letrim. That being at when the said Rebellion broke out, some Sixty miles from his Castle and Garrison, 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 God's merciful and powerful assistance) so great services, as he hath not only maintained his Castle to this day, in the midst of many enemies both from Ulster 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 Soldiers 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 Majesty, and his several other oppositions to the late Earl of Strafford, late Lord Lieutenant of Ireland, for divers unsufferable injuries and extrajudicial proceed against him and his late deceased Father-in-law Sir John Vaughan Knight, an ancient Privy Councillor of that Kingdom, who had honourably and faithfully served the Crown of England in that Army for above Fifty years together, dying Governor of 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 General's 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 broke out, he hath lost the Rents of his whole Lands in Connaught, where he received in peaceable times near Two thousand pounds per annum; besides the loss of his Stock of Corn and , with his breed of Horse and Mares, being near 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 Garrison, with two sufficient Corn-Mills, quite burnt down, near to his Castle-walls. That he likewise hath received little or no benefit of near Six hundred pounds per annum which he enjoyed in the Counties of Donnegal, and Tyrone, in the Province of Ulster, 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 Soldier, and having acted his part in that Kingdom's Service, that any other should have the benefit of his Rents and Tenants, having Children and Soldiers of his own to maintain there, and cannot at this time receive any; which he prays means may be made to the honourable 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 distress, 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. Grocer's 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 Honour's Sir Frederick Hammiltoun Knight, a Gentleman well known to both the Honourable Houses of Parliament, and who hath expressed his good affection to their proceed, 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 Country 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 Governor 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 , into speedy consideration, and to bring a Report into the House, with an opinion what is fit to be done upon the whole. Hen. Elsing, 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 recompense 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, unless the Houses be pleased to give order for it by some other way. By command of the same Committee. J. Cheislie. Which 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. FERD. HAMMILTOUN. ERRATA. Page 11. line 3. for to, read by. FINIS.