Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	edward_n	sir_n	william_n	5,538	5	8.7836	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67889	The vindication of Sr. John Stawells remonstrance, against a scurrilous pamphlet written by Mr. John Ash; entituled An answer to divers scandalls mentioned in the humble remonstrance of Sr. John Stawell. As also an answer to a petition of William Lawrence of Edenburgh, Esq; whereunto certain reasons are annexed, directed to the honourable the referrees of his highness most honourable council. With a conclusion humbly offered unto his highnesse the Lord Protector. / Written by Sr. John Stawell. Wherunto are annexed, a letter of Sir Anthony Irbyes, and a short reply of Sr. David Watkins relating unto some parts of the said pamphlet.	Stawell, John, Sir, 1599-1662.; Irby, Anthony, Sir, d. 1682.; Watkins, David, Sir.	1655 (1655)	Wing S5352; ESTC R208228	86,641	91

directions of Mr. Ashe That I had fleighted and contemned the Authority of the present Parliament and forfeited their mercy contained in the Articles of Exeter And in the close of his Report to say THAT IF THE PARLIAMENT DID NOT MAKE SIR IOHN STAWELL A TRAYTOR SIR IOHN STAWELL HAD MADE THEM TRAYTORS as Mr. Ashe in the conclusion of his Pamphlet affirms he did which was a most false bold and malicious inference and could not be collected from any thing that I had spoken or he by the Committees Order was Authorised to deliver and this without stating the matter truly unto the House and desiring their opinion and direction therein which was the final end for which that Order was made Who sees not that this same is quite another thing from what by Order of the Committee Mr. Stephens was to have performed so as if Sir Anthony Irby did make some pause before he gave an Answer to this Question it was for that he made some doubt within himself whether he should not before he answered thereunto inform the Committee in the Star-Chamber of the whole truth as I have now expressed it or leave it as it seems he did unto their further Examination And surely Mr. Ashe was very cautious what questions he proposed unto Sir Anthony for fear his practices might have more cleerly been brought to light or otherwise being so much my friend as he pretends he would have then denied the ill offices he did me unto the Committee before I was called in before them wherewith Sir Anthony had charged him and he would also have sought to cleer himself touching the entry of that false Record of the fourth of August which is suggested to have been made when that Sir Anthony Irby was present at the Committee though Sir Anthony was altogether ignorant of the making of it But Mr. Ashe having declined the asking of these questions did plainly shew these charges were so cleerly true against him that though he sought a colour for the rest yet he could find out nothing to palliate his guilt in these and therefore sought to pass them over in silence without making any mention of them The thing which Mr. Ashe did next except at is the relation given by Sir Anthony Irby touching his intention to buy a Mannor of me which lay neer him and this Sir Anthony Irby in his Examination before the Committee of Parliament sets forth was told unto him by Sir Edward Bainton who did acquaint him That Mr. Ashe was he that would have bought the Mannor Here Mr. Ashe puts in a Note and would perswade the Reader to beleeve that I had invented this story and published it at the High Court of Justice which coming to Sir Edward Baintons hearing he told it Sir Anthony Irby who now makes use of it to justifie what he had written whereas if Mr. Ashe his passion had not deprived him of his judgement he would have easily observed that Sir Edward Bainton gave a relation to Sir Anthony Irby not of a thing which he had heard after my Trial at the High Court of Justice but of a matter treated with him before I fell into my troubles for the relation he made was That a Gentleman whom he declared to be Mr. Ashe would have bought a Mannor of me wherein he had some interest and he had offered That if I would sell my part he also would sell his for which Sir Edward Bainton after said that hee was sorry as conceiving it to be the original of all my troubles so as you see Sir Edward Bainton declares that Proposition to have been made unto him before I was refused to be admitted to Composition or else it could not have been the original of all my troubles and consequently it could not be a thing which he had heard only after my Trial as Mr. Ashe would without any ground but his own impudence perswade the Reader In the last place it is observed by Mr. Ashe that what Sir Anthony Irby hath called a Mannor and said it lay neer him I call a Farm and lay in Abury about sixteen miles as he allegeth from his dwelling and thereupon according to his breeding and discretion he blames Sir Anthony Irby's memory which he conceives must here have failed him I shall desire the Reader to observe that Sir Anthony Irby doth here make a relation of what was told him in discourse and therefore wee must judge of it according to the usual way of speaking and not to the construction of the Law I have already shewed that Farm at Abury cost me about 9000 l. and certainly whether it were a Mannor or a Farm it was notwithstanding such a proportion of land as is in usual discourse stiled by the appellation of a Mannor and it is no way considerable as to the matter whether it were the one or the other And although we shall admit that Land to lye sixteen miles from his dwelling in the Country yet certainly according to the common way of speaking he must be said to be a neighbour to it so as in these Exceptions it appears That Mr. Ashe hath declared only his own want of Civility towards Sir Anthony Irby and his indiscretion in urging things so weak and senseless to avoid his testimony As for the Certificate of Sir David Watkings he urgeth no new thing against it only to shew his wit without any part of his judgement he doth suppose that in regard it was in the heat of Summer when I first came to Goldsmiths-hall he being an old Gentleman might then be nodding or that his memory through age doth fail him it being neer eight yeers since these transactions were at Goldsmiths-Hall This surely is an ending extremely suitable to all the other parts of that his Pamphlet which being begun through malice unto me and continued with great impudence and falsehood could not more properly conclude then with a scoff at old age declared venerable by the opinion of all Nations how fierce and barbarous soever Promised by God as a Reward to those that shall observe his Law in giving due obedience to their Parents Which Sir David Watkins enjoyes with health strength convenient and a perfect sense and memory as a blessing sent him by God the plentiful bestower of all good gifts whilst Mr. Ashe perhaps for a punishment of this and of his other crimes is subject to those pains sickness and diseases now in the vigor of his age from which Sir David Watkins notwithstanding his great years is still exempted I am now at the end of Mr. Ashe his Pamphlet where he takes notice that it might be expected he should give answer to that wherewith I seem to charge him in my Remonstrance viz. That the Report made by Mr. Stephens unto the Parliament of my behavior before the Committee at Goldsmiths-Hall was no other then what he had received from Mr. Ashe which I collect from this because the Report which Mr Stephens

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

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 ●●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

meet Io. Bradshaw Will. Underwood Matth. Sheppard Iohn Ireton Iohn Hayes Edw. Whalley Clem. Oxenbridge William Bosvile Tho. Mytton Queens-Court Westminster 15 March 1653. This is a true Copy Exam. Tracy Pauncefote Regist. THe right I have to my Estate upon a Composition according to my Articles notwithstanding the said Act of confirmation appears clearly by this Certificate and the restoring of it unto me will not be so destructive to Mr. Lawrence as he pretends satisfaction being made unto him of what he hath disbursed because upon the restoring of my Estate his Lease also is revived and the forfeiture by Feoffments or otherwise if any were is purged neither can he be prejudiced by any penal Covenants and Bonds to warranty in regard the disability to perform them will in this Case proceed from the Law not his Laeches or default THere now remains nothing for me to answer but the Reasons therein mentioned for the establishment of publique Sale unto all which I give this general Answer That they proceed upon false and mistaken grounds proposing Profit Security Advantage and conveniency unto the State and private Purchasers as the chief end which they prefer before those great and sacred tyes of Honor Faith and Iustice recommended unto us by the Word of God and most religiously observed in all ages by the most famous Common-wealths and renowned Generals who have upon occasion always preferred the bond of Honesty and in particular the punctual observance of their Promises unto an Enemy before those things that were of highest consequence and advantage to them THemistocles did once propose to the Athenians a famous Common-wealth among the Grecians that he had a design to render them the Masters of all Greece the effecting whereof was most infallible and easie but might not be imparted to the people and did therefore desire their consent and Orders for it The Athenians before they would give their consent commanded him to propose it to Aristides who was then renowned for his great Valour as a worthy General but much more famous for his love to Justice The design being communicated by him to Aristides he let the people know that what Themistocles proposed would be indeed of very great advantage to them and was in the performance of it easie but that withall it was not honest to be done being to fire the Spartans Fleet which lay in all security upon their Coast trusting unto a Truce between them The Athenians upon the hearing of this report forthwith rejected the Propositions of Themistocles preferring the considerations of Honesty and Iustice before all those of Profit and Advantage ATtilius Regulus a Roman Consul in the first Punick War chose rather to expose himself unto and suffer death by an extremity of torments than violate his Faith given to the Enemy SExtus Son to the great Pompey refused to consent unto the breach of Articles made with Mark Anthony and Augustus Caesar although he might thereby have been with ease the Master of the then known world onely by cutting of a Cable and carrying away with him to Sea those famous Generals who doubted not to put themselves under his power relying for their security onely upon the sacred tie of Articles There may be multitudes of these Examples found out in History among the Pagans who had no other rule to guide them but the Law of Nature and the sense of Honor But among Christians the practice of it is strictly recommended to us by the Law of God and our own Country can furnish us with many presidents upon this subject THe Protestants in France during those Civil Wars which happened there about the fifth year of Queen Elizabeth delivered into her hands the strong Town of New-haven in Normandy into which she put a Garison of 3000 men commanded by the Earl of Warwick a person of great Honor and gallantry All France takes an Alarm at their arrival as being very sensible of their known valour and just pretension to that Province and a great army is presently drawn round about it to the siedge thereof the English scorn their Attempts and the great valour of the noble Earl had rendered all their expectations frustrate had not a fatal and sudden Plague fallen among the Souldiers which in a few daies consumed the greatest part of the besiedged and forced him to capitulate for rendring of the Town unto the French which he could by no means have longer kept Scarce were the Articles agreed upon and fully perfected but that the English Fleet consisting of sixty sail of ships well furnished with men and all provisions needful appeared in sight of the Town but the noble Earl who had already passed his Faith for rendering of the Town unto the French judging it to be dishonorable to break his word although to continue our possession in France gave notice to the Admiral of what had past and quitted it unto the French giving thereby a great example of his Faith and Iustice whereby he merited a favorable reception from that noble Princess and found an honorable place in history THe Case of Sir Iohn Scudamore is directly the same with mine in all its circumstances he commanded for King Henry the Sixth the Castle of Pembrook when Edward the Fourth having defeated him recovered his Right and was acknowledged King of England the Lord Herbert was imployed by the new King to reduce that Castle held by Sir Iohn Scudamore who surrendered it to the Lord Herbert upon Articles to have his life and his estate preserved unto him notwithstanding which Articles he was by the malicious practise of some enemies put into the Bill of Attainder past in the Parliament of the first year of that King for the attaining of the Servants and party of the late King Henry the Sixth and his Estate was thereby confiscate with a Proviso that it should not extend to deprive him of his life on the possession of his Goods and Chattles His Lands by vertue of that Act of Parliament were seized into the Kings hands and divers of them granted over unto others Sir Iohn Scudamore at the next Parliament preferred his Petition setting forth his Case and prayed relief upon his Articles and upon proof thereof made and by producing the Certificate of the Lord Herbert whereby it did appear such Articles were granted to him The Bill for his Attainder was reversed the Grants of the Estate ●acated and he restored to the possession of it Which is my very Case without any difference at all save onely this That he was by that Judgement settled again in his estate which I am yet in expectation of by vertue of the sentence given for me in the Court of Articles I will conclude this Point with one example drawn from the Word of God which is the best Authority and ought to be the guide of all our actions WE read in Ioshua That God himself by his Decree infinitely more just and binding