To the Parliament of the Common-wealth of England, The humble Petition of Elizabeth duchess( dowager) of Hamilton, and her four Orphan Daughters. SHEWETH, THat your Commissioners for Sequestrations at Leith in Scotland, have sequestered the Lordship of Keneele, and other Lands in Scotland, settled upon her for her jointure, and Provision of her four Daughters, upon most just and valuable Considerations.( conceiving the same to be confiscated by the Declaration of Parliament in February 1651.) That so it is, That the Case hath been truly stated and presented to learned council, who( upon perusal thereof, together with the said Declaration) have delivered their Opinions under their hands: Mr Recorder. Mr Maynard. Mr Latch. That your Petitioners said jointure and Provision for her said Children, is not forfeited by the said Declaration. Your Petitioners humbly pray, That( in the midst of their great Misfortunes and heavy Sufferings) you would please to vouchsafe your speedy Justice by the discharge of the Sequestration of the said Lands, and restoring to them the Rents and Profits received since they were dispossessed thereof. And they shall pray, &c. E. Hamilton. Anne Hamilton. Eliz. Hamilton. Mary Hamilton. Margaret Hamilton. A Declaration of the Parliament of the Common-wealth of England, concerning the Settlement of Scotland. February 1651. Whereof the Third Branch which concerns the Case, is in these words, ( viz.) THey do declare, As to satisfaction and Reparation, that they intend and expect for the vast expenses and damages which this Common-wealth hath already undergone by reason of the Invasion, in the year 1648, by the Scots Army, under the then Duke Hamilton, the war which they necessitated England to for their own defence, and the late Invasion by the Army under Charles Stewart; and for and towards the lessening the future Charge of this Common-wealth, All the Lands, Houses, Goods and Revenue whatsoever belonging to the said Charles Stewart pretended King of the Scots, or to the crown or State of Scotland: And all the Estates whatsoever, real or personal of those who did Invade England under Duke Hamiltonâ–Ş in the year 1648. or were advising, contriving or promoting thereof, or in any way aiding, abetting or assisting thereunto, or who were in arms under the said Charles Stewart, or were any way aiding, abetting or assisting to him in Scotland, or who did with the said Charles Stewart, lately Invade England, or were aiding, abetting or assisting thereunto, or since the same, have raised arms, or been promoters, Abettors or Assistors thereof in prosecution of the said Invasion, or in opposition to the Forces of the Parliament of England remaining there, shall be confiscated, and forfeited, to the use and benefit of the Common-wealth of England( except such who have since the battle of Dunbar, on the third of Sept. 1650. deserted the said Charles Stewart, and not born arms since against the Parliament, as also such whose Merits and Services to this Common-wealth, have or shall render them capable of being taken into a more favourable Consideration by the Parliament. The Case of the duchess( dowager) of Hamilton, and her four Orphan Daughters. THat in Feb. 1639, Articles of marriage were Sealed and Delivered between William earl of Lanrick afterwards Duke of Hamilton deceased, and James Maxwell Esquire, afterwards earl of Dirlton in Scotland deceased, Father of Elizabeth Maxwell, wife afterwards of the said Duke. That in consideration of 10000li. portion, to be given by the said James Maxwell with his said daughter, the said Duke should purchase Lands to the value of 20000l. for the security of a jointure to his Lady, and for provision for the Children to be begotten between them: And to that end the said Duke did deposit 10000l. in the hands of the said earl of Dirlton. That the sum of 20000l. for security of such Lands to be purchased, remained in the hands of the said James Maxwell earl of Dirlton, till after the death of James Duke Hamilton. That Duke William succeeding to his Brothers Estate, upon raising and payment of the said 20000li. unto him by the said earl of Dirlton( which was employed for payment of his Brothers debts) he in the year 1649. settled upon his said wife his Lands of Keneele in Scotland, for her jointure and provision of her children, redeemable upon the payment of 10000l. to his daughters( they having no other maintenance provided for them during their Mothers life) and this security of Keneele was granted to them in lieu of the said Portion of 10000l. brought by their Mother, the whole estate of the said Duke besides being conveyed by him to his niece, Duke James his Daughter. Quaere. Whether the said settlement of Keneele upon the duchess and her children, upon these just and weighty considerations in 1649. ought not to be valid, notwithstanding the Declaration of the Parliament Anno 1651. E. Hamilton. Anne Hamilton. Eliz. Hamilton. Mary Hamilton. Margaret Hamilton. That the said Settlement is valid notwithstanding the said Declaration, is the subscribed opinion of Mr. Recorder. Mr. Maynard. Mr. Latch.