Hamilton manuscripts

28
his, upon the late revolution. He that is minded to know more at large how this case stood, may in the appendix find
the petition of the present Sir Thomas Smith exemplified, as it was humanely communicated to me by his son, together
with the King's order thereupon. 11 — life of Sir Thomas Smith, pp. 176 to 183.
k The following is a copy of the memorial, as given in the
appendix to Sir Thomas Smith's life : —
" To the King's most excellent Majesty. — The humble
petition of Thomas Smith, Esquire, uncle and heir of
Edward Smith, Esquire, deceased, son and heir of Sir
William Smith the younger : and heir of Sir William
Smith the elder ; who was nephew and. heir of Sir Thomas
Smith, Knight, deceased, shewoth : —
" That the said Sir Thomas Smith, the Petitioner's an-
cestor, had the honour to serve as Secretary of State to
your Majesty's most noble Progenitor, Queen Elizabeth, of
happy memory, and served her in that employment many
years. And in the 13th year of her reign, the said late
Queen did make a grant of Letters Patent under the great
seal, to the said Sir Thomas Smith and Thomas his then
son and heir apparent, of divers Manors, Castles, andLands
thereto belonging, in the County of Downe, in the realm
of Ireland, which were then possest by divers persons, who
were in actual rebellion against Her Highness, with com-
mand that the said Sir Thomas Smith should enter upon
the parts infested by the said rebels, and by power of arms
obtain the same from them.
" And the said Sir Thomas Smith did at his great charge
raise an army, and entered those parts and gained them
unto their due obedience. In which said service the said
Thomas his son was slain. And then the said Sir Thomas
Smith assigned the said Sir William Smith, his nephew, to
take the charge of prosecution of that war, and came over
to England to attend the further service of Her Majesty,
and to solicit Her Majesty that the lands might he surveyed,
and the rents ascertained, and his grant and title perfected.
And her Majesty taking notice of such the great service of
the said Sir Thomas Smith was pleased several times
graciously to declare that, her royal intentions to the said
Sir Thomas should be made good. But, by reason of the
many great troubles falling out in her time, the same was
not done during all the time of her Reign. And after-
wards tlie said Sir William Smith, the elder was commanded
by the said Queen upon service into Spain. And upon his
departure out of England, he desired Sir James Hamilton,
Knight, to prosecute his giant on the said Sir Wil'iam's
behalf, and procure the same tor him, and the said Sir
James Hamilton, in the time of your noble grandfather,
King James, upon some undue pretences, contrary to the
trust in him reposed by the said Sir- William Snriflr, ob-
tained the said lands to be granted to himself upon pre-
tences of a valuable consideration paid, which in truth was
never paid. But, in truth, according to the intention of the
late Queen, the said lands are the right of your Petitioner.
" That Sir William Smith died about 40 years since, and
Sir William, his son and heir, since died, and left his son
and heir an infant of two years old ; and until he came at
age nothing could he done, and the troublesome times hap-
pening since his death, the petitioner and his ancestors
have sit down by the loss ; yet your petitioner hopeth that
the long discontinuance shall not be a bar to bis just
right:
" But humbly prayeth your Majesty to cause an exami-
nation of the premises to be made, and certified to yonr
Majesty ; and then the petitioner hopes that when the
truth of the fact shall appear, your Majesty will be gra-
ciously pleased to do therein for the petitioner's relief
what shall be agreeable to justice, and your petitioner
shall, &c.
"At the Court of Whitehal, 14th Nov., 1660.
" His Majesty is pleased to refer this petition to the
Bight Honourable Sir Maurice Eustace, Lord Chancellor
of Ireland, who, having examined and considered the con-
tents and allegations of this petition, is to certifie his Ma-
jesty how he findeth the same, and what his Lordship
conceiveth to be just and fit for his Majesty to do therein,
and then his Majesty will declare his further pleasure.
"Edw. Nicholas."
" Sir Maurice Eustace, bis certificate : —
" It may Please youe Excellent Majesty, — I have,
according to your Majesty's gracious reference, considered
the petition of Thomas Smith, Esquire. And, considering
that the petitioner doth ground his title upon a patent
made 13th Elizabeth to his ancestors, and that the said
title has been very much controverted, and the possession
gone for a long time against the petitioner, and some
descents east, I humbly conceive that it is neither fit nor
convenient for your Majesty to determine this cause upon
a paper petition. But your Majesty, in regard your
Courts of Justice in Ireland will be soon open, may be
pleased to have all parties pretending interest in the said
lands to your Majesty's Courts of Justice in that your
Kingdom, to be proceeded in as they shall be advised by
their counsel. And the rather, for that the Earl of Clan-
brazil, who is interested in the said lands by descent from
his father, is a minor, and under years, and cannot be con-
cluded by any order which can be made against him during
his minority, all which is humbly submitted to you Ma-
jesty's judgment.
" Maurice Eustace, Cane."