committed to them by the Act of Parliament and that great care justice and integrity they have used in the pursuance of it The Act of Parliament by which the Court of Articles was constituted bears date the 18th of Iune 1649. wherein the Parliament takes notice of divers complaints touching the breach of Articles granted in time of War and taking into their consideration the faith of their Armies and Forces ingaged for performance of the same and how much it concerns themselves in Iustice and Honor that the same be made good and no violation thereof permitted Do Enact and Ordain by Authority of Parliament that the persons therein nominated should be constituted and appointed Commissioners for the ends and purposes expressed in that Act They are thereby authorized to hear and determine the complaints of all and every such person or persons as do or shall pretend to be sued molested or in any wayes damnified contrary to any Articles granted or made to or with any such person or persons in time of War which have been approved of by Parliament They are to determine whether the persons complaining were truly comprized in such Articles and also to judge and determine whether the parties so complaining have by their own default forfeited or lost the benefit of the said Articles Where there shall appear any right due to the party complaining by vertue of such Articles and yet denied and not duly performed or any violation thereof made against him or them they are in every such case authorized to award and give unto the party complaining relief and redress so far as in justice they ought to have by the said Articles by staying proceedings in Law or Equity discharging Judgements Executions or Decrees or by restitution in specie or in value of what hath been taken recovered or withheld but without charging any costs or further damages against the Commonwealth or against any person or persons against whom the Complaint is made And it is thereby further Enacted That upon all such Complaints in all such Cases the Certificates Orders and Awards of the said Commissioners or any nine or more of them being produced to any Court of Justice Committee Commissioner Magistrate Officer or other person or persons whatsoever before or with whom any Matter Question or Thing which such Complaint concerns doth or shall any wayes rest or depend respectively shall in every such Matter Question or Thing be binding and conclusive unto and obeyed and observed by all and every such Courts Committees Commissioners Magistrates Officers person and persons who are by vertue of the said Act enjoyned and required to take notice of and observe the same any Law Order or Ordinance to the contrary notwithstanding A Proviso is added in the bottome of the said Act That nothing therein contained should be construed to controle an Order or Ordinance of the Lords and Commons bearing date the 9. of December 1643. or any other Order or Ordinance of Parliament concerning the Town of Kings-Linne and the Articles agreed unto by the Earle of Manchester upon the rendring up of the said Town but that the said Order or Ordinance and all proceedings thereupon had should be as good and effectual in Law as if that Act had not been made any thing therein contained to the contrary in any wise notwithstanding This Act of Parliament being made to continue only until the 20. day of Iune 1650. and no longer ended by expiration After which upon the 29. of September 1652. another Act was made for renewing the said former Act for relief of persons upon Articles The Parliament therein takes notice that the said former Act is expired and yet many complaints concerning breach of Articles remain still undetermined And therefore by Authority of Parliament they do Enact That the said Act and every clause Article and sentence therein contained shall be in force from the 28. of Septem. 1652. till the 28. of September 1655. It is thereby further Enacted That the Commissioners therein nominated or any seven of them should be Authorised and appointed Commissioners to put in execution all the Powers expressed in the said former Act It is also further Enacted That the Commissioners therein nominated or any seven of them shall be thereby Authorised to give relief according to the powers mentioned in the said former Act to all such persons who were or should be arrested sued impleaded imprisoned or sequestred contrary to any Articles given or granted by any Commission-Officer not under the degree of a Captain intrusted upon the place as Commander in chief by Land or Sea in England Scotland or Ireland Unto this Act four Provisoes are added First That the persons clayming benefit of Articles have not forfeited the same by breach or non-performance of what was on their part to be done since the Articles were granted Secondly That such persons have not been ayding to the late King or Charles Stuart his Son in open Hostility or secret Counsels since the 30. of Ian. 1648. Thirdly That no person shall have benefit of the Act unless he shall put in his claim to such Articles before the Commissioners within the times therein limited viz. For Articles in England before the first of Feb. 1652. and in all other places before the first of Iuly 1653. And fourthly That where any Question shall arise before them upon Articles whereof relief is by that Act intended which have not been confirmed by Parliament The Commissioners shall resort unto the Parliament for their Resolutions touching the said Articles before they the Commissioners proceed therein further than to stay proceedings at Law against any person or persons concerned in such Articles or sale of their Estates Unto this Act before the passing of it two Provisoes were tendered The first on the 28. of Sept. 1652. to this effect Provided that this Act nor any thing therein contained should not extend nor be construed to extend to prejudice alter or make void any Resolutions Votes or Iudgements given in Parliament touching any the Articles aforesaid or any persons clayming thereby The other on the 29. of Septem. 1652. to this effect Provided that no real or personal estate which hath been setled conveyed or assured to any person or persons by vertue of any Act Ordinance or Order of this present Parliament shall be made null vacated or otherwise determined or disposed of by the Commissioners named in this Act or by their Authority but if they see cause of restitution by vertue of Articles subject to their Cognizance not in specie against the particular person or persons upon whom such estate or estates be setled conveyed or assâ—red but in value by such other Lands or Revenue as the Parliament shall direct any thing in this Act or the former hereby revived to the contrary notwithstandiinng But these Provisoes which tended to the limitation of the benefit most honorably granted by the House to persons claiming benefit by
me and have since purchased a good part of my estate which Indictments were afterwards removed by Certiorari into the then Kings Bench where the 12. and 13. of May 1649. I was arraigned upon the Indictment of High Treason in levying War against the King upon the Statute of the 25. of Edward the Third and upon my moving to plead specially the Court ordered accordingly That I should bring in my special Pleading the first day of the next Term and did assign me Counsel for that purpose but I was never brought to plead further to that Indictment The 18. of Iune 1649. an Act was printed and published entituled An Act for relief of all such persons as have been are or shall be sued molested or any way damnified contrary to Articles or Conditions granted in time of War In which Act Commissioners were nominated to hear and determine Cases concerning Articles according to the powers of the said Act Whereupon I did address my self by Petition unto that Court to be relieved upon my Articles which Petition was read the 10. of Iuly 1649. and is verbatim printed in my Remonstrance and therefore I spare here to insert it But upon this Petition no proceedings were made by the said Court whose Authority determining with the said Act was on the 10. of Iune 1650. renewed for six months by Act of Parliament and then ended by expiration only And here before I mention any thing of the proceedings against me at the High Court of Justice which happened more then a year after I shall desire the Reader to observe the falshood of Mr. Ashe his Pamphlet in two particulars which hee suggesteth viz. That I did not upon any Trial at the then Kings Bench Bar claim the benefit of the Articles of Exeter and did not at any other time after challenge the benefit of them by Petition to the Parliament nor any Committee from them As to the first of these The falshood of it is apparent for that upon my motion to plead specially the Court allowed it to me and ordered me to bring in my special Plea on the first day of the next Term and did assign me Counsel for that purpose but I was never called upon to plead further to that Indictment so as it is impossible for Mr. Ashe to know what I would have pleaded had I been called and I can with much confidence affirm That albeit my Counsel might advise me to offer in the first place to that Court such matters in Law as were more proper for them to judge upon yet I was resolved both according to my own sense and the opinion of my Counsel not to plead any Plea which might deprive me of the benefit of my Articles as being resolved to insist upon them whensoever my Counsel should advise me it was seasonable to demand the allowance of them And for the second It appears manifestly false by the Petition before mentioned which I preferred unto the Commissioners appointed by the Parliament for relieving persons upon Articles before the 10. of Iuly 1649. which was at least seventeen months before that I was brought unto the Bar at the High Court of Justice and was as soon as the House had appointed any Court to relieve such as were agrieved upon Articles and that I did not make any application to the Parliament upon my first Committal was no default in me but in himself who having then perswaded me to alter my Petition to them and after kept it either by fraud or malice from their sight doth now charge that upon mee as a crime whereof himself is only guilty But that I may conclude this long Narration The power of those Commissioners being as I have said before expired upon the 26. of March following the High Court of Justice was established and on the 9. of Iuly next after an Act was published for the trial of me and of some others for our lives before them The 20. of the same month I was by order of the said High Court removed in order to my trial from Newgate to the Tower of London And on the 17. of December following I was brought unto the Bar of the said High Court there to abide a Trial for my life And certainly there is no man who had but the least spark of generosity or humanity but would bee moved with some compassion and afford his just assistance unto a person reduced to that extreme degree of danger wherein I stood That very Iudas to whom he doth with so much scorn fancy himself to be resembled when he saw his Master voted guilty by the Jews and that he was to be presented before Pilate there to receive his last Tryal felt some remorse and coming to the Princes and the Elders confessed his Treachery in the betraying of him But Mr. Ashe in this sad exigent whereunto I had been brought by him was so far from doing right unto me by his testimony that concealing my appearance before the Committee at Goldsmiths-Hall and the presenting of my Petition there which I had put into his hands he came to justice that most false Record entered in his presence the 4th of August which proved that I had not appeared either before the Committee at Goldsmiths-Hall or any other Committee at the time when that Record was entred And to the end it might not be inferred that I had claimed the benefit of Exeter Articles before them by that clause of the Record which saith That I pretended to come in upon those Articles the same was totally left out in the Copy produced before the High Court of Justice and notwithstanding sworn as a true copy of the whole Record This evidence was much insisted on and strongly urged against me during the greatest part of my Trial and it was in vain that I produced persons of quality and honor Sir Iames Thinne and Mr. Aâ—â—iâ—â— Paulet as witnesses for me to prove the tender of my Petition for they could onely swear that I was there with them in Iuly that I had a Petition in my hand which I told them I did intend to present unto the Committee and that I was called in a while after into the Room where the Committee sate staid there some time and at my coming out told them I had delivered my Petition to the Committee but in regard they were not suffered to come in when I was called they were not able to swear that I had given my Petition into the hands of Mr. Ashe as I alledged and therefore this being no concluding Evidence for the delivery thereof it was pressed that my Averment in this case was not to be received against the said Record which did positively affirm that I had not on the 4th of August or any time before appeared before them And certainly that High Court notwithstanding their Depositions would have condemned me by their Justice had it not pleased God in his infinite Providence and mercy to
said Articles That it appeareth not to this Court that he hath by any act or default of his lost or forfeited the benefit of his said Articles which we find to be approved by the then House of Commons the sixth of May 1646. and by both Houses of Parliament the fourth of Novem. 1647. who Ordered that Approbation of theirs to be published and all Committees Judges Officers and other persons concerned to take notice thereof and observe the same any Orders or Ordinances to the contrary notwithstanding That since his said submitting to compound the profits received forth of his Estate being ever since until the late sale under Sequestration and the Damages thereby by him sustained appear to amount to above 25000 l. That by the Trustees Answer in this case it appears they have sold all his Estate by reason of the Act for Sale wherein he is included And the Defendants Matthew Coker Iohn Warr Iohn Borradale Edward Bushel Iohn Farwel Nicholas Batteley and Iohn Gorges acknowledge they have bought of them the said Trustees several parcels of the said Estate That the said Petitioner Sir Iohn Stawel being tried for his life before the late High Court of Justice sitting in the years 1650 and 1651. that Court finding him within the said Articles and that he had submitted to Composition thought not fit to proceed to sentence but to certifie his Case to the Parliament Upon which Articles this Court finds not any Judgement to be since given but discern themselves impowred authorized and required by Parliament to give relief to persons wronged through breach of Articles in such sort as is expressed by the Acts made in that behalf All which this Court having taken into their serious consideration and how far the Faith of the Army and Honor and Justice of the Parliament and Nation are concerned in this and the like cases that right be done and no violation of Articles permitted after many debates and mature deliberation had thereupon and being satisfied in their judgements and consciences that the Petitioner Sir Iohn Stawell is fully capable of the Relief intended to persons within Articles by the Acts directing and authorizing the same and constituting this Court Do in order thereto and in pursuance of the power and trust to them committed in that behalf Resolve Declare and Adjudge That the Petitioner Sir Iohn Stawell hath good right and by his said Articles ought to be admitted to compound for his whole Estate real and personal according to the tenor of the same Articles notwithstanding any the Settlements Sales or Contracts before-mentioned at such rates and in such manner as others comprized within the said Articles have done and the Commissioners for compounding with Delinquents are hereby inabled authorized and required to permit the said Sir Iohn Stawell to compound for his whole Estate as aforesaid And in respect of those great Losses and extreme Damages which the said Petitioner hath sustained by the Sequestration and Detention of his Estate and the profits received out of the same for above seven years last past and by the felling of his Woods and Timber and otherwise for want of being admitted to a timely Composition This Court doth order and direct That the said Commissioners for compounding do cause an exact account to be made of the Rents Issues and profits received for or out of the Petitioners Estate since he first submitted to Composition and was not admitted thereunto and do recommend to their consideration the proofs thereof already taken in this Cause Copies whereof attested by the Register of this Court are for that purpose to be presented to them And if the said Commissioners shall find the same to amount unto or exceed the Fine or Composition which the said Petitioner ought to pay according to the rates prescribed and allowed by the said Articles of Exeter That then the same be allowed accepted and taken in lieu and full satisfaction of such Fine or Composition so imposed upon or to be satisfied by the said Petitioner Sir Iohn Stawell according to his Articles otherwise the defect if any happen to be is to be supplied by him the said Petitioner And if any surplusage or overplus remain the said Commissioners for compounding are hereby ordered and desired to certifie the same unto this Court And upon such computation and satisfaction made as aforesaid the said Commissioners are hereby directed and authorized to give their Order for such acceptance of the Petitioners Fine and Composition and to give the Petitioner a Discharge accordingly and they are desired to give him all fitting expedition in the premises And it is further ordered adjudged and declared by this Court That after the making of the said Composition as aforesaid the said Petitioner Sir Iohn Stawell shall have the Liberty and Indempnity of his person free from any further restraint or imprisonment according to the true meaning of his said Articles and that all Bayl or other security entred into by the said Petitioner or any other person with or for him touching his true imprisonment be thereupon delivered up to the said Petitioner and vacated and discharged and that he be in the mean time permitted upon the Bayl already by him given to prosecute and attend the perfecting of his said Composition without let or molestation And that the said Petitioner Sir Iohn Stawell from and after such Composition as aforesaid shall have the possession of his Estate freed and discharged from all Sequestrations and Seizures whatsoever and shall injoy the same without any claim demand impediment or molestation of the said Trustees or of the Survivors and Survivor of them their or any of their Heirs And this Court doth further award order and judge That the Trustees for sale of Lands and Estates forfeited to the Commonwealth for Treason do upon sight of this Order and Award stay and forbear all further proceedings in the Sale or Disposal of any the Lands and Estate of the said Petitioner Sir Iohn Stawell remaining unsold if any such be and if any part of the Monies remain unpaid for any Lands belonging to the Petitioner already contracted for and sold that they likewise forbear to demand or receive the same or to make any further proceedings touching the same or intermeddle any further therewith And it appearing unto this Court by the answers of the said several Defendants Matthew Coker Iohn Warr Iohn Borradale Nicholas Battely Iohn Farwell Edward Bushell and Iohn Gorges that they have contracted for and purchased some parts and parcels of the Petitioners Lands and Estate mentioned and referred to in and by the Answers afore mentioned the detention whereof is to the prejudice and tending to the disherison of the said Petitioner and contrary to his said Articles This Court do order and adjudge That from and after the perfecting of the Composition aforesaid and notice given thereof and of this Order and Judgement the said Matthew Coker Iohn Warr Iohn Borradale Nicholas Batteley Iohn Farwell
the Petitioner And so upon the whole matter it cost the Petitioners Father but Two thousand three hundred pounds to have this Estate of near Three hundred pounds by the year thus settled And as touching Depopulations made by Sir Iohn Stawell in the parish of Cothelestone mentioned in the aforesaid Petition I well know having been the most part of my time a near neighbour unto that place that Sir Iohn Stawell did give full satisfaction to all such Tenants whose Estates he redeemed being for the inlargement principally of his Courts Orchards and Gardens about his House and for such as wanted houses and had no other dwellings he either bought or gave them houses in other places to their full content who were better pleased with their Bargains and such Exchanges then with their former Estates And that the Depopulations complained of may the better be understood pray give me leave to inform you that there were but five small Tenements which were so compounded for worth about thirty pounds by the year in the whole and there are yet remaining in the said Parish ten several Tenements and Cottages which are injoyed by estates by him granted which are worth above one hundred pounds by the year and the Demeasns of Cothelestone lying within that Parish were never known to be less worth then Two hundred and seventy pounds by the year and with those additions complained of they are not now worth as is conceived above three hundred pounds by the year as they are annexed to Sir Iohns principal House Besides this there hath been four hundred Acres of land by estimation divided into thirty Acre Tenements by Sir Iohn Stawell and are annexed unto the Mannor of Cothelestone upon many of which Tenements houses are built and Familes do live which in former times had not a house standing upon it and inlargeth that Mannor much more than it was before And whereas in the said Petition it is thus expressed that it would be a very great cruelty and injustice by not making good publick Sales to sacrifise to his Rage and Revenge all the well-affected people of fifteen or sixteen great Mannors I cannot conceive any reason of this expression For Sir Iohns Tenants are so well affected unto him as I have not heard five only excepted whereof the Petitioner is one that any have bought a greater interest in his Lands then what hath been of his own granting and I suppose it will be conceived a great mercy unto them to be restored to him who hath ever been a good Land-lord unto them and stands obliged to the making good of their former Estates And I Iohn Lawrence do likewise say to that part of the Petition that avers That the Petitioner was totally ignorant of the Articles of Exeter or any pretence of the said Sir Iohn Stawell to the same he is very much mistaken for that I my self told the Petitioner That Sir Iohn Stawell had right to the Articles of Exeter and that the truth thereof was known to most men by the publick Trial he had received for his life at the High Court of Justice where his Articles were pleaded allowed and his life thereupon preserved and did advise him not to proceed further in his Purchase intended Wherefore we the Petitioners Uncles do humbly conceive That his Petition in many things wanteth a good foundation That it affordeth no right to the memory of his deceased Father and setteth forth great unthankfulness unto Sir John Stawell who hath been alwayes kind to our Name and Kindred Robert Lawrence John Lawrence November 24. 1654. The relation and dependance which the Grandfather Father and Family of Mr. Lawrence have alwayes had upon my Predecessors and my self And those good offices we have formerly received from them in the occasions wherein we have from time to time imployed them joyned to the just acknowledgement of those advantages received from us which is according unto Truth and Justice now publickly declared by his Uncles are a sufficient motive to me not to reproach the now Petitioner with his ingratitude and falshood towards a Family and person to whom hee ows the Fortune he now possesses Besides I have a hope that the just reprehension of two Uncles the Elders of his Family and who may challenge a respect and duty from him will make him sensible of that foul Error he hath committed in seeking by indirect means our Ruine and Destruction as he hath done which is the cause I leave the further handling of this point and pass unto the next wherein Mr. Lawrence is not more truly informed touching the Condition in which he pretends I am than in those other slanders wherein I have already shewed how grosly he is mistaken For neither hath my Wife purchased my principal place of Residence or any other part of my Estate for the use of me or my children or fifteen hundred pounds per annum moâ—e by her Assigns and Friends as Mr. Lawrence doth suggest Nor have I since the time that my Estate was first sequestred received any the least profit or subsistence by allowance out of it And what opinion soever he hath of my Right and Title Truly I would not give consent that any Friend of mine imployed by me should put so mean a value upon the Publick Faith and Honor of the Parliament Armies and the whole Nation ingaged for the performance of my Articles as to become Purchasers of any part thereof at ten years Purchase considering That I am to be restored unto it upon the payment of two years value by my Articles The performance whereof Mr. Lawrence hath surely no just reason to oppose with so much Passion Falshood and Ingratitude as he hath done that he might keep unto himself a part of my Inheritance Unless he hath some wayes abused the Commonwealth in the said Purchase and is therefore loath to receive a satisfaction in value from them which could be no prejudice at all unto him if he hath given a full consideration for the same The last thing and which is most insisted on by Mr. Lawrence is the Act of the 13. of October 1653. made by the Little Parliament for confirming and establishing the sales made of my estate or goods in the possession of the Purchasers And for the better strengthing of it many reasons are therein offered of profit to the State and of convenience unto the Purchasers why the Purchase made by the Petitioner and others of my Estate should not be questioned Unto all which I give this Answer First That the Act before mentioned is meerly void in it self And secondly The same is Repealed and Declared absolutely void by the Fortieth Article of the present Government Of both which points I shall speak briefly as they lye in order First It is a Case adjudged and reported by the Lord Cook That where an Act of Parliament is contrary to common Righr and Justice The Common Law doth in that Case controle an
That Sir Iohn called him Servant and he Sir Iohn Master what care he had of Sir Iohn when he came to London and how that I was the onely bitter man Sir Iohn Stawel had at the Committee with much more to the like effect To which in brief I made answer I am sure the Committee present will affirm as much That I came thither by their Order to set my hand to my Depositions and not to make a reply to Mr. Ashe for it was but his Yea and it would be my No That I had not so forfeited my Credit with them or any body else but that it stood as clear and my words were to be beleeved as well as Mr. Ashes That what I had testified before them was truth which I would justifie by setting my hand to it and if they had power to administer I would willingly take my Oath of it or otherwise justifie it upon any English ground and thereupon I came and set my hand to my Depositions As I was going away Mr. Ashe desired that he might aske me a Question or two which the Committee gave leave unto The first was Whether I was not present at Goldsmiths-Hal the first and second time Sir John Stawel appeared there I answered I was pag. 16. The second was Whether the Committee did order Mr. Stephens to make a Report to the Parliament I Answered there was such an Order but those words in his Pamphlet p. 16. inserted in the body of this Question in a Parenthesis viz. Taking offence at Sir John Stawells language and mis-behavior there was no part of the Question to me but falsly put into his Book as he entred the Warrant of the fourth of August and done here with the same malice both to Sir Iohn his Master and to me his Friend The third Question was Whether to the making of the Order for Mr. Stephens his Report I did give my Vote in the affirmative My Answer was There was no negative for in truth there was no Question put and that was the reason of my Answer And wereas Mr. Iohn Ashe in pag. 16. saith I might have written the whole Truth for that I knew that the House of Lords had not approved of the Articles of Exon. Mr. Ashe did then very well know that the House of Commons for several weeks if not for some months before had approved of the aforesaid Articles and that at that time the Committee wholly consisted of Commoners the Lords not then being joyned with us to my best remembrance And if Mr. Iohn Ashe had had so great a respect to his old Master as he would have the world to beleeve he might have proceeded in Sir Iohn Stawells Compositions for the House whereof he was a Member could take no exceptions they having approved of the Articles Sir With as much shortness as I could I have made a true and faithful Relation and answer to such things as I judge material for the rest I value not My Credit not standing upon any mans sayings but my own Actions I rest Your Servant ANTHONY IRBY 12 May 1655. To my Honorable Sir John Stawell Knight of the Bath these Sir David Watkins his short Reply to a Passage in Mr. John Ashe his angry Replication to Sir John Stawells Remonstrance I Cannot but much admire that Mr. Iohn Ashe should be so sensible and displeased at my just Certificate made concerning Sir Iohn Stawel Knight of the Bath which I did out of my desire to promote that Common Justice which I owe to all men not aiming at my own particular nor intending thereby to lay my hand on Mr. Ashe his tender side or to discover any design of his For my Old Age which Mr. Ashe accounts a blemish I esteem a blessing from God and can justifie I have not served the State drowsely And if I were at any time nodding as Mr. Ashe would have it then certainly it must have been on the 4th of August 1646. when that mistaken Order for summoning Sir Iohn Stawell to answer a supposed Contempt was made and entred mentioned in pag. 26. of the Pamphlet set forth by the Purchasers of Sir Iohn Stawells Estate of which Order or Summons I conceive most if not all of the Committee except Mr. Ashe were as my self unknowing thereof although both they and I acted therein with faithful and unbyassed zeal And for my own particular I doubt not but the world is satisfied in all my Actings therein I have kept my Eye free from Coveting the Estates of other men my Hands from Bribery and my Body from Nocturnal and other pains the Concomitants of Ryot and that other Vice which is all I have at present to say to Mr. Ashe his Pamphlet p. 17. David Watkins 11. May 1655. The Articles of Exeter with their Confirmations The Answer unto the reasons Mr. Ashe his first visit The Objection answered made by Mr. Ashe touching Dean and Chapters Lands My subscription as Guild-Hall The Order and the Subscription therupon The visit I gave Mr. Ash. My Petition to compound The time I preferred my Petition to compound Mr: Ash procures by his Petition the benefit of my Composition Mr. Ashes petition to the House and the Order therupon This appears by Mr. Baylies certificate The examinations of Sir Anth. Irby and Sir David Watkins The Certificate and judgement in Mr. Newcourts Case The Order of the Committee for Mr. Ash his receipt of the Fines The Treasurers account Monies demanded by Mr. Ash which he never paid 1642. 13. July 1642. November 2â— Colonell Popham's Petition Here begins the relation of the false Record entred the 4th of August This is certified by Mr. Bayly The Record of the 4th of August My second appearance upon Summons The Mittimus to Ely house The Order for the report So certified by Mr. Bayley Mr Ashes testimony The things premised by Mr. Ash The answer therunto Mr. Leeches testimony taken in short hand by order of the High Court of Iustice Observations in answer to Mr. Ashes particuars mentioned in his Pamphlet page 4. and 5. The Record in the short-hand Book Mr. Attor Gen. Mr. Attor. Gen. Lord President Mr. Attor. Gen. Resolves and votes of the House The manner how he cheated me out of my Petition Mr. Ash his relation touching the Petition * That my Fine which he begged might be increased above what my Articles required upon my remittall to Goldsmiths Hall He got his own Petition answered the first day it was offered Pray let this be compared with his Letter that followes Pray compare this with Mr. Hollis his Letter and my Petition proved by Mr. Basset hereafter mentioned The answer to Mr. Ashes Relation touching the Petition The copy of my Petition that Mr. Ashe disliked Mr. Ashes first Letter The Petition and Mr. Bassets Affidavit proving the same Pray observe how this was done in persuance of Mr. Ashes directions mentioned in his Letter Mr Ashes second Letter Mr. Hollis his Letter Pray observe how different this is from Mr. Ashe's affirmation in his Pamphlet Mr. Ashe's Objections My Answer to them My Trial before the High Court of Justice In the Book of Short-hand taken by order of the High Court of justice The book of Short-hand proves this Mr. Ashe is here considered in a twofold capacity As a private person As a publick person L. Cook 3d part of his Instit p. 223. Sir Will. Thorps Case Cook 3d part of his Instit. p. 22 23 Triseilians Case L. Cook 3d. part of his Instit. p. 222. Nota. 37 E. 3. cap. 18. Answers to the Objections against Sir Anthony Irbys and Sir David Watkins Testimonies So certified by Mr. Baily The Iustification of Mr. Stephens his Report answered Mr. Stephens his examination in the High Court of Justice 18. of Ian. 1650. Mr. Lawrence's Petition and Reasons examined and answered The first Act constituting the Court of Articles A Proviso in the first Act The second Act reviving the former Provisoes inserted in the Act Provisoes offered rejected The Judgement of the Court of Articles The Judgement proved to have been given by the Court in pursuance of their Trust and Power The Certificate of Mr. Lawrence his Uncles This was no hard bargain Mr. Lawrence his mistake in representing my condition The objection touching the Act of confirmation answered L. Cook 8. Rep. Dr. Bonhams Case The Certificate of the Court of Articles Authorities and Reasons why publick sales made contrary to Articles should be vaâ—â—ted Plutarch in the life of Aristides Sir Walter Raleighs History of the World 1 part 5 Book Plutarch in the life of Marâ— Anthonie Davilae's History of the Civil Wars 1 part and 3 Book Rot Parl. 1â— E. 4. Menbr 22. Nu. 31. Josh chap. 9. 2 Sam. 21.
against the person that trusted in him whom he presented to the Committee who were his Judges under so foul a Character that before they saw him they began their knowledge of him by the hatred of his pretensions and person You see him afterwards publickly obstruct that Composition he had promised to further with his best assistance and when by breach of that publick trust which was reposed in him by Parliament he had procured unto me their displeasure you see him then resume the person of a friend that he might cheat me of my Petition when I had nothing else remaining to preserve either my life or estate and having gotten the possession of it to keep it by him and neither offer it himself unto the House or put it into the hands of any other as he pretended to have done upon his going into the Country after which time he never more came neer me as I have formerly said in my Remonstrance What can be added unto the malice and perfidiousness of this being all acted under the colour and pretence of love and friendship But if we look upon him as a publick person then this miscarriage appears in him much fouler for we must then consider Mr. Ashe as a man most highly trusted by his Country when they returned him to serve them as a Member of Parliament and most particularly favoured by that great Assembly by nominating him a Member of the Committee who were intrusted to dispence their Justice granted in the Articles of War made by their Armies unto the strict performance whereof the publick faith and honor of the Armies the Parliament and the whole Nation in general were by the Law of God and Nations ingaged in a most eminent and particular manner and upon this depended the lives and fortunes of a considerable number of their fellow-subjects who were ingaged for the late King in those unhappy differences whom they were to admit to Composition upon the terms prescribed unto them by their several Articles so as they were appointed Iudges over things which are above all other of the highest consequence and most concernment to wit The publick Faith and Honor the Estates the Lives and Liberties of their Country-men and Fellow-subjects And among all these persons there was more than ordinary confidence reposed in Mr. Ashe who was the Chair-man of the said Committee Wherefore for such a man thus qualified advanced and trusted first to obtain the Grant of a Fine unto his own particular use which was to be assessed before himself For the obtaining whereof he exhibited unto the Parliament a cheating false Account claiming Sums which he not at all disbursed as I have formerly expressed To play the Orator and falsly to calumniate a person to his fellow Judges who was a stranger to them and did appear before them an humble Petitioner to obtain the benefit intended to him by his Articles having engaged himself to favor his Petition To obtrude Oathes and Covenants upon him from which he was to be exempted by his Articles and for that reason to deny this Composition when it was tendered To be present and assistant unto the entry of a Record the Contents whereof were false to his own knowledge and did no way belong to his Cognizance or Jurisdiction To give direction for the making of a Report unto the House of Commons as from the whole Committee without their Warrant or Directions That I had contemned the Parliaments authority and forfeited my Articles And lastly To appear and by his Testimony to countenance that false Record when it was urged against me at my Tryal thereby to take away my Life and Estate together All these are in a publick Officer crimes of so high a nature and concernment that if we find not presidents touching the punishments due to them we must conclude it is because himself was the first man that ever had presumption to commit them But although our Histories have not examples of the like miscarriage in an Officer so immediatly intrusted by the High Court of Parliament as Mr. Ashe yet notwithstanding our Laws are very clear and positive in the inflicting of great and exemplary punishments on persons trusted with the execution of the Law and publick Justice of the Land if they shall violate their trust in matters of far less concernment than what was recommended to Mr. Ashe If a Judge of Record sworn to decide the private Controversies between man and man shall through corruption or interest wilfully give a Judgement contrary unto the known Law and his own Conscience our Ancestors have thought this crime worthy of death and have accordingly inflicted it upon the offenders as is apparent in our Histories If a Jury who are the Judges in all matters of fact which come in issue before the Judges in the Courts of Common Law give a false Verdict contrary to their evidence this is a crime so odious in the eye of the Law that being attainted of it they shall suffer the VILLANOUS JUDGEMENT And the same Iudgement is also given in a Conspiracy upon the false conspiring to deprive a man of life by an Indictment at the Common Law which Judgement is declared by my Lord Cook to consist in five several punishments First That their bodies shall be imprisoned in the common Gaol Secondly Their Wives and Children amoved out of their Houses Thirdly That all their Houses and Lands shall be seized into the Kings hands and their Houses wasted and their Trees extirpated Fourthly All their Goods and Chattles forfeited to the King Fifthly That they for ever shall loose the Freedom and Franchizes of the Law that is First They shall never be of any Juries or Recognitors of Assizes Secondly Nor never be received as Witnesses in any Cause Thirdly That they shall never come into any of the Kings Courts but make Attorneys if they have any thing to do there And this is called a VILLANOUS JUDGEMENT because of the villany and infamy which they deserve against whom it is given And all is inflicted by the common Law for that the Offenders by false conspiracy under the pretext of Law by Indictment of Treason or Felony and legal proceedings thereupon sought to do the greatest Injustice by false conspiracy to shed his blood who afterwards is thereof Legitimo modo acquietatus But if these crimes are singly punished with so much rigor by the Laws in our inferior Magistrates and persons what shall we say of Mr. Ashes guilt who hath himself taken the boldness to commit them all In acting the several parts First Of a malicious unjust Iudge when I first tendred my Petition to him Secondly Of a corrupt Iuror in his direction for the report against me to the House And thirdly Of a false Conspirator by countenancing the entry of that pernicious Record which was produced and sworn against me at my Trial especially being in breach of an immediate Trust committed to him by Authority of
Edward Bushell and Iohn Gorges do forthwith restore unto the said Petitioner Sir Iohn Stawell and his Heirs the full and peaceable possession of all and every the premises by them purchased as aforesaid and that after the making of the said Composition the said Petitioner and his Heirs shall and may peaceably and quietly hold and injoy the same Hereditaments with their and every of their members and appurtenances freed and discharged of and from all claims charges and incumbrances in any wise occasioned by or under them the said Defendants Purchasers respectively And the said Trustees and the Survivors or Survivor of them or any of them their or any of their Heirs or any person or persons claiming by from or under them or any of them in as free and ample manner as if the said last mentioned premises had not been sequestred or vested or settled in the said Trustees and Purchasers or any of them and as if no such Settlements Contracts or Sales had been had or made And the said Trustees at Drury-House and also the said Matthew Coker Iohn Warr Iohn Borradale Nicholas Batteley Iohn Farwell Edward Bushell and Iohn Gorges and every of them and all others who are or may be any way herein concerned are upon notice hereof to give their observance hereunto accordingly And it is lastly Ordered and Declared That the Petitioners bringing the present cause to hearing against the aforenamed Defendants shall be no bar to him to proceed further upon his said Petition against other Defendants already named or who shall be hereafter made Defendants to the said Petition but that hee may prosecute such persons upon the ground of his said Complaint so far as he shall see occasion and be advised and upon the same Petition if cause be bring those causes also to Issue and Judgement in order to his just Relief The now Award and Judgement given in this Cause or any other matter or thing herein contained to the contrary notwithstanding This is a true Copy Tracy Pauncefote Regist. Io. Bradshaw Edw. Whalley Edward Cook William Bosvile Anthony Samwell Owen Rowe Iohn Hayes Clem. Oxenbridge NOw that they have in the proceedings of my Cause used all diligence and precaution needful and possible for the discovering of the truth appears by the Decree it self wherein the same are briefly mentioned and that in the relief they have thereby been honorably pleased to afford unto me they have pursued the Power and Trust committed to them appears by the said Acts of Parliament before recited whereby when there shall appear any right due to the party complaining by vertue of such Articles and yet denied and not duely performed or any violation thereof made they are in every such case authorized to give unto the party complaining relief and redress so far as in Iustice they ought to have by the said Articles by restitution in specie of what hath been taken recovered or with-held but without charging any further costs or dammages against the Common-wealth or against any person or persons against whom the Complaint is made And it is thereby further Enacted That their Certificates Orders and Awards shall be binding and conclusive unto and be obeyed and observed by all Courts Committees Commissioners Magistrates Officers person and persons who are by the said Act injoyned and required to observe the same any Law Order or Ordinance to the contrary in any wise notwithstanding These are the express words of this Act whereby the said Commissioners have power when it appears unto them that the party had right to give redress so far as in Justice he ought to have by the said Articles and by them I was to be admitted to my Composition at two years value and upon making of it to have Indempnity for my person and injoy my Estate and all other Immunities which is a benefit my Articles allow unto me It appears plainly they were by the words of the said Act impowred to decree this unto me by restitution in specie as they have honorably and justly been pleased to do Which Judgement and Order of theirs is by the Authority of the said Act binding and conclusive unto and ought to be obeyed by all Courts Commissioners Committees and persons any Law Order or Ordinance and consequently the said Act for sale of my Estate which is a Law to the contrary in any wise notwithstanding You see by this that the said Commissioners for giving relief upon Articles have in giving their Judgement and Decree before recited strictly pursued the Power and Trust committed to them by the said Acts But this will yet appear more plainly if we consider what was the intention of the House who where the makers of them by those Provisoes before-mentioned which were inserted into and rejected out of the said several Acts according to that general maxim Exceptio firmat regulam in non exceptis And first to begin with the Provisoes inserted into the said Acts By that which is added in the bottom of the said first Act It is provided that nothing therein contained should be construed to controle an Order or Ordinance dated the 9. of December 1643. touching Lin Regis and the Articles agreed to at the rendring thereof But that the said Order or Ordinance should be as good and effectual in Law as if that Act had not been made Is it not clear by this Proviso That the House conceived the said Commissioners had power to controle and make void that Ordinance which had the same vigor as a Law at least whilst the said Parliament was sitting and therefore put in this Proviso to restrain their power in this particular Thereby according to the said Maxime confirming it unto them in all other cases Nay is it not as clear that by the latter words of that Proviso whereby they do provide That Ordinance and the proceedings thereupon should be as good and effectual in the Law as if the Act had not been made they did sufficiently declare their Intentions to be That by the same Act they did themselves revoke all Acts and Ordinances made to the prejudice of any persons that were comprised in Articles and the Commissioners by their Decrees were only to apply that remedy to the particular persons who were capable of the relief which was most honorably granted by the Parliament unto all persons who had right unto it by repealing all the Laws Ordinances and Orders made to the contrary Whereby it will then follow that the Act made for sale of my Estate the 16. of Iuly 1651. is by the said Act of the 29 of September 1652. repealed and void as unto me and in my Case Is it not also plain by the last Proviso in the said Act of the 29. of September which provideth That where a question riseth before them upon Articles not confirmed by Parliament the Commissioners shall resort to the Parliament for their Resolution before they proceed therein further than to stay proceedings at
Act and makes it void whereof many examples are there mentioned Now this Act made by the Parliament a body Politick who by the confirming of my Articles were parties to them is contrary to common Right and Iustice because by confirming the sale of my Estate unto the Purchasers which according to the Articles of Exeter the Parliament were in Honor and Justice ingaged to restore unto mee upon a Composition They overthrow all Articles whose very Essence and Being consists in this That they are binding and conclusive to both parties which cannot bee avoided but by a mutual consent and consequently they have therein opposed Common Right and Iustice upon which the mutual bond of Articles is grounded whereby their Act according to the said Judgement reported by my Lord Cook is meerly void And secondly The same is void because the right of Articles is a Contract grounded upon the Law of Nations which being a Law Paramount and Superior to that of any particular Country or Nation controles all Laws and Ordinances made in opposition to it But if the said Act bee not for these Reasons void in it self as I do in some cleerness conceive it is Yet nothwithstanding it is absolutely void by the fortieth Article of the present Government Whereby it is Provided and Declared That the Articles given to or made with the Enemy and afterwards confirmed by Parliament shall be performed â—â—d made good to the persons concerned therein Any thing in the said Writing or otherwise to the contrary nothwithstanding So as this Act is repealed and made absolutely void by the express words of the said Instrument the Basis and Foundation of the present Government which his Highness hath by his Oath promised to observe without any violation And unto which Mr. Lawrence is surely not well advised to oppose this Act being an Officer who in his present imployment doth act by vertue of and in obedience unto the form of Government which hath repealed it as may appear by a Certificate of the Commissioners for relief upon Articles of War returned by them in an Answet to a Reference unto them from his Highness of the 25. of Ianuary 1653. Which Certificate followeth in these words To his Highness Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging May it please your Highness IN pursuance of several Acts of Parliament authorizing us to give relief to persons within Articles We did the 14. day of October 1652. receive the Petition of Sir John Stawell And after many solemn and deliberate Debates and upon hearing as well what could be alleaged by some of the Defendants to his Complaint and Purchasers of part of his Estate as also by Mr. Attorney General and the rest of the Council on the behalf of the Commonwealth We did upon the 15. day of August last past deliver our Iudgement in the cause and did declare therein that the benefit of the Articles of Exeter did justly and properly belong unto the said Sir John Stawell as by the Decree and Iudgement of this Court relation thereunto being had may more at large appear wherewith Your Highness will by the Petitioner be attended when it shall be your pleasure to peruse the same Now upon your Highness Reference made to us the five and twentieth day of Ianuary last past relating to the Petition of the said Sir Iohn Stawell and authorizing us to give the Petitioner speedy relief or otherwise to certifie to your Highness the obstructions we found therein We have in observance thereof and upon the Petition and Motion on Sir Johns behalf reviewed our former Iudgement and upon hearing his Council who informed the Court That the Petitioner in pursuance of our Iudgement had made application to the Commissioners for compounding with Delinquents desiring to be admitted to a Composition for his whole Estate according to the Articles of Exeter and our said Iudgement thereupon but could not obtain their admission thereunto By reason whereof the said Articles as to him and our said Iudgement were rendred fruitless and ineffectual in regard the benefits and priviledges allowed by the said Articles and Iudgement were to operate after Composition made and perfected The Court taking consideration thereof thought fit to be informed from the said Commissioners for compounding upon what grounds their said Iudgement given in this cause was not observed and the Petitioner admitted to composition accordingly For which purpose they directed an Order to them the 8. day of this instant March to which the 10th following they returned an Answer under their hands to this purpose That Sir John Stawell had Petitioned to compound the first of September 1653. according to Exeter Articles which Petition they referred to their Council to state his case in order to a Composition But before the Fine came to be set viz. The 15. of September 1653. The Parliament resolved that the Purchasors of Sir John Stawells Estate should quietly possess and enjoy the same according to the several Contracts made with the Trustees and upon the 13. of October following an Act was passed for confirmation of the sale of the Lands and Estate of Sir John Stawell by which Resolve and Act the said Commissioners conceived themselves tied up from Composition with the Petitioner for any Estate save for what is unsold which they declare themselves ready to do And the said Commissioners do also insist upon an Ordinance made by your Highness and Council the 10. of February 1653. by which they say they are not impowred to compound with any Delinquents save onely with the persons named in the last additional Act for sale and with such Delinquents as shall discover any part of their Estates not being under Sequestration Upon serious consideration and debate whereof this Court being satisfied that by the Fortieth Article of the present Government produced in Court confirming Articles of War made with or granted to the Enemy and afterwards confirmed by Parliament any thing in that writing or otherwise to the contrary nothwithstanding That objection of the Act made in October last is removed Do nevertheless find that for want of due power in the said Commissioners for compounding being so limitted as aforesaid the Petitioner Sir John Stawell cannot attain the relief meant and intended him by his Articles by the Parliament confirming the same by the Acts constituting this Court by the Iudgement of the same Court and as they conceive by your Highness also which being the sole impediment and onely at present as we apprehend removeable by Your Highness and Council in the further communication of power to the said Commissiioners wherein also we find divers other Petitioners before us in like manner concerned This Court much resenting and commiserating the Petitioners pressures and grievances through want of effectual Iustice humbly submit the premises to your Highnesse's consideration and judgement to do and direct further herein as to your Wisdom and Iustice shall seem