To the Parliament of the Common-wealth of England, the humble petition of Elizabeth Dutchesse (dowager) of Hamilton, and her foure orphan daughters. Hamilton, Elizabeth Hamilton, Duchess of, 1619 or 20-1659. This text is an enriched version of the TCP digital transcription B23879 of text R229290 in the English Short Title Catalog. Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 B23879 Wing H477A Interim Tract Supplement Guide 190.g.12[2] ESTC R229290 ocm99888297

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 Early English books online text creation partnership. (EEBO-TCP ; phase 2, no. B23879) Transcribed from: (Early English Books Online ; image set 201774) Images scanned from microfilm: (Early English books; Tract supplement ; C26:3[2]) To the Parliament of the Common-wealth of England, the humble petition of Elizabeth Dutchesse (dowager) of Hamilton, and her foure orphan daughters. Hamilton, Elizabeth Hamilton, Duchess of, 1619 or 20-1659. 1 sheet ([1] p.). s.n., [London : 1651] Caption title. Place and date of publication suggested by Wing. Reproduction of original in the British Library.

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 eng Inheritance and succession -- England -- Early works to 1800. Marriage settlements -- England -- Early works to 1800. Marriage law -- England -- Early works to 1800. Estates (Law) -- England -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. eebo To the Parliament of the Common-wealth of England, : the humble petition of Elizabeth Dutchesse (dowager) of Hamilton, and her foure orphan daughters. Hamilton, Elizabeth Hamilton, Duchess of, 1619 or 1620-1659. 1651 2 977 1 0 0 0 0 0 10.24 C The rate of 10.24 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2014-03 Keyed and coded from ProQuest page images 2014-06 Sampled and proofread 2014-06 Text and markup reviewed and edited 2015-03 Batch review (QC) and XML conversion
To the Parliament of the Common-wealth of England , The humble Petition of Elizabeth Dutchesse ( dowager ) of Hamilton , and her Foure Orphan Daughters . SHEWETH ,

THat your Commissioners for Sequestrations at Leith in Scotland , have Sequestred the Lordship of Keneele , and other Lands in Scotland , setled upon her for her Joynture , and Provision of her foure 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 beene truely stated and presented to learned Councell , who ( upon perusall thereof , together with the said Declaration ) have delivered their Opinions under their hands : Mr Recorder . Mr Maynard . Mr Latch . That your Petitioners said Joynture 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 concernes the Case , is in these words , ( viz. )

THey doe declare , As to satisfaction and Reparation , that they intend and expect for the vast Expences and damages which this Common-wealth hath already undergone by reason of the Invasion , in the yeare 1648 , by the Scots Army , under the then Duke Hamilton , the warre which they necessitated England to for their owne 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 Crowne or State of Scotland : And all the Estates whatsoever , reall or personall of those who did Invade England under Duke Hamilton ▪ in the yeare 1648. or were advising , contriving or promoting thereof , or in any way ayding , abetting or assisting thereunto , or who were in Armes under the said Charles Stewart , or were any way ayding , abetting or assisting to him in Scotland , or who did with the said Charles Stewart , lately Invade England , or were ayding , abetting or assisting thereunto , or since the same , have raised Armes , or been Promotors , 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 borne Armes 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 Duchesse ( dowager ) of Hamilton , and her Foure Orphan Daughters .

THat in Feb. 1639 , Articles of Mariage were Sealed and Delivered betweene William Earle of Lanrick afterwards Duke of Hamilton deceased , and James Maxwell Esquire , afterwards Earle 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 Joynture 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 Earle of Dirlton .

That the summe of 20000l . for security of such Lands to be purchased , remained in the hands of the said James Maxwell Earle 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 Earle of Dirlton ( which was imployed for payment of his Brothers debts ) he in the yeare 1649. setled upon his said wife his Lands of Keneele in Scotland , for her Joynture 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 Neece , Duke James his Daughter .

Quaere . Whether the said settlement of Keneele upon the Duchesse 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 .