speak all that I had to say when J replyed that J had spoken all the Lord President spake letting me know the Court had with much patience heard me tell a long story though no way pertinent to the matter before them the substance being that Mr. Ash advised me to sel my Farm at Aubury and with that money to pay my Composition But the Lord President demanded whether he or any for him treated with me for buying of it or whether he discovered a desire to buy the Farm at Aubury That J answered his Lordship he did not and therupon the Lord President demanding how the Story could then reflect upon Mr. Ash J answered that J beleived Mr. Ash intended to buy the Farm because he had advised me to sell it This is in short the substance of his relation if at least that may be said to have a substance which is nothing only an invention of his own But Mr. Ash is very just in this particular and hath not only performed but is according to the Proverb better then his word For having assured me when I reproached him with his covetousness in the daâ—k corner that he would deny all that discourse if I should charge him with it He hath not only made this good but hath invented also this formall Story to give a countenance to his denyall And this J shall most cleerly prove not by the boldness of an affirmation as he hath done but by the undeniable Evidence of the Proceedings in the High Court where whatsoever was read or spoken was taken at first in short-hand by Mr. Pococke a person authorized therunto and afterwards written at large for information of that Court And is by Authority of the Court of Articles and by consent of Mr. Attorney Generall and my Counsell admitted as indifferent Evidence By this it doth appear that Mr. Attorney Generall upon the first sitting of the Court acquainted them that Mr. Ash and Mr. Stephens did both of them appear that day being the first time that they came to be examined as witnesses in my Cause and without mentioning any thing in the least kind of what is here affirmed by Mr Ash desired they might be sworn to give their Evidence and they were sworn accordingly and did deliver what they had to say before J spoke at all concerning Mr. Ash his carriage But when upon my answer to their Evidence J had in part laid open these his practises against me Mr. Attorney Generall was then so far from taking notice to the Court that what J spake did not at all answer to the reports about the Town as that he appealed unto the Court whether that so much as a word concerning Mr. Ash was spoken before that he was then present in the Court and gave his Evidence For proof wherof J shall insert here what was spoken by Mr. Attorney at the first entring into the business of the day and what he after urged when they had given their Evidence and I had made an answer to them which followes as it is in the aforesaid Record Verbatim thus expressed Wednesday 22. of Ianuary 1650. THe Cause of meeting this day my Lord was the Parliament on the tryall of Sir John Stawell had especially appointed that Mr. John Ash should be examined in this Cause he was sent to but it pleas'd the Lord to lay his hand upon him that he could not appeare Mr. Stephens likewise that was a member of the House was then out of Town you were pleased to appoint this day upon this occasion and Sir John Stawell had timely notice of it t is upon the speciall Plea we have done with that of not guilty I desire if you please that Mr. Ash and Mr. Stephens may have their Oaths given to them that they may give in their Evidence what they know of this business of Sir John Stawell Mr. Iohn Ash and Mr. Iohn Stephens are sworne My Lord if you please J will begin with Mr. Ash. If you please Mr. Attorney Let his Plea be read The Clark reads Sir Iohn Stawells Plea 1. That he is not lyable to the charge now read against him by the Act appointing his Tryall being a person admitted to Composition 2. That by the Articles of Exeter confirmed by Parliament he ought not to be Questioned for the offences laid to his charge Mr. Ash and Mr. Stephens did after this give in their Evidence against me to which J answered and having touched upon this passage together with some other things concerning Mr. Ash his practises against me Mr. Attorney Generall did then apply himself to the Court and spake as followeth My Lord I thought that Sir John Stawells own Iudgment would have made use of the liberty given him in a fair way I appeal to your memories whether any one word of this of Mr. Ash was said before Now Mr. Ash is here and speaks that Sir John Stawell thinks goes to the quick now it is time to revile and scandalize And therfore having fully cleered by this Record how grossely he hath erred in his relation I leave it to the Readers judgment what credit is to be given unto him touching discourses passed in private betwixt us who hath the Impudence to forge and publish this as a thing that passed in publike in the Court And that he had for proof therof a hundred Witnesses when as unto a thing that is so evident there is no doubt but every one of all those Witnesses will upon the reading hereof assent unto the truth of it Secondly That Mr. Ash notwithstanding his impudence to deny the truth doth yet confess that he did move me to sell Aubury for payment of my Fine though he doth deny that he had an intention to buy it yet it appears by Sir Edward Bayntons discourse unto Sir Anthony Irby mentioned in his Examination aforesaid that Mr. Ash himself was the person who was to be the Purchaser of that Mannor which is the substance of that wherewith J charge him And thirdly That he doth not so much as once alledge among his good advises to me that he perswaded me unto a Composition according to the Articles of Exeter that being the thing wherof I was desirous but to acknowledge my miscarriage at Goldsmiths Hall where I have shewed already that I had not at all offended and therfore could not acknowledge this or crave the pardon of the House as Mr. Ash advised me without confessing of a Crime wherof I was not guilty and subjecting my self unto the censure of the House as a person who had affronted the Committee imployed under them So as if I had been remitted to Goldsmiths Hall to make a Composition they must have needs according unto Justice ordered the Committee to have received a Fine from me not only in relation to my Articles but also for that pretended contempt of their Authority which Mr. Ash had a desire I should confess for his own
had not taken the Negative Oath and Covenant and saith that he saw the Lord Fairfax his Passe dated in Aprill and that he doth account four moneths after the rate of 28 dayes to the moneth and saith that he doth not know that any Certificate was brought to them touching subscription not to bear arms either in this or any case of persons compounding upon those Articles and saith that Sir Iohn Stawells not subscribing was not objected against him at that time Being crosse examined on the behalf of the Common-wealth saith THat some did say that Sir Iohn Stawells Petition was rather a Remonstrance than a Petition but the title was a Petition but he had not acknowledged his Delinquency nor taken the Negative Oath and Covenant and for that reason he conceives it was called a Remonstrance That the Committee were informed he had subscribed not to bear arms against the Parliament Sir Anthony Irby being Called in after the company were withdrawn and asked whether there were any private discourse at the Committee to Sir John Stawells prejudice HE saith that Sir Iohn Stawell being without the door the Chairman went out and on his return told this Examinant that Sir John Stawell was a great enemy had raised Arms against the Parliament drew the first blood in the West of England that his Petition was not valid he acknowledged no Delinquency had not taken the Negative Oath and saith that the Committee pressed him to it and upon refusall gave him time till his Articles were out because then they knew how to deal with him and saith that the Committee did not meddle with subscriptions for that was to be done by a particular Committee separated from them because that concerned Delinquents stay in town but only to see that they did take the Negative Oath and Covenant and further sayth that the second day that Sir Iohn Stawell appeared Mr. Stephens was in the Chair as he remembers My Composition being thus foyled when I first tendered it and the Committee disaffected to me by the misinformation and covert practices of Mr. Ash I who was ignorant of his designs and took him for my freind as he professed himself to me in publique expected that the Committee after they had considered that I was by my Articles excused from taking the Negative Oath and Covenant which was the only cause for which they had refused me when they had better considered of the Articles would again have called for mâ— and given me leave to prosecute the same and I was herein the more confirmed because I saw that by the Articles I was not limited to any time wherin I was to make my Composition but was to be admitted therunto when I should tender it and therefore I did hold my self assured that the Committee who had perceived my readines to Compound by the early tender of my Petition would not have looked upon me as a refractory person or have made use of any power to inforce me therunto And that I did not herein go upon mistaken grounds will appear plainly by a solemn Judgment and decree in the Court of Articles given in Mr. Newcourts Case wherin the Court upon consideration of a Certificate made unto them by the Commissioners for Compounding and of the Articles of Exeter resolved that he was to be suffered to make his Composition upon those Articles though he had not tendered the same till neer 3. years after the date of them and that the limitation of four moneths did concern only the excepted persons wherof I was none The Copy of which Certificate together with the Judgment and Decree of the said Court follow in these words From the Commissioners for Compounding c. the 10th of November 1652. Gent. IN pursuance of your Order of the 27th of October last in the Case of Richard Newcourt of Somerton in the County of Somerset upon search made in the Books and papers touching Compositions it appears That a Petition was Exhibited the 14th of April 1649. in the name of the said Richard Newcourt confessing that he adhered unto and assisted the forces raised against the Parliament for which his Delinquency his Estate was sequestred and desired to be admitted to Composition according to the Particular of his Estate annexed to the said Petition And a Certificate and estimate of his Estate was returned from the late Committee of Somerset the 15th of May following upon all which a Report according to the usuall manner was drawn up and the Fine set at a sixt one hundred and twenty pounds fifteen shillings no mention being made in the Petition or any other Paper touching Exeter Articles But on the 26th of March 1651. the said Richard Newcourt having obtained your Order of Reference hither the 26th of November 1649. he again Petitioned desiring to be admitted to his Composition upon the said Articles alledging that he was comprised in them and that one Mr. Smith his Sollicitor entred his former composition without mentioning the said Articles contrary to his knowledge Vpon hearing of which Petition the result was that no Order could be given here in the case And the Fine being still unpaid the Estate continues under Sequestration as by Copies of the sayd severall proceedings hereunto annexed appears Jo Leech Regist. A true Copy Tracy Pauncefote Regist. Exchecquer Chamber Westminster Wednesday the 22th of December 1652. By the Commissioners for releif upon Articles of War UPon full hearing of the Cause depending in this Court upon the Petition of Ri Newcourt of Somerton in the County of Somerset Gent. in presence of the Councill for the Common-wealth who were also fully heard therin And upon consideration of the matter of complaint of the said Richard Newcourt and of the Evidence produced on his behalf It appearing unto this Court that the said Richard Newcourt was comprised in the Articles made at the Surrender of the Garrison of Exeter and confirmed by Parliament By virtue wherof all persons included therin and not excepted were to be admitted to Composition according to the rates and proportions therin set down without any limitation of time And there being no proof before this Court nor any suggestion therof that the said Richard Newcourt had taken up Armes or otherwise engaged himself in open hostility or secret counsell against the Parliament since the said Articles granted wherby he might have lost or forfeited the benefit therof The Court upon full debate of the whole matter and upon consideration of the Acts of Parliament by which they are constituted and of the power and trust therby committed to them Do award order and adjudge that the said Richard Newcourt be admitted to compound for his Estate Reall and Personall according to the said Articles of Exeter And the Commissioners authorized by Parliament to compound with Delinquents are desired to take notice hereof and to admit the said Richard Newcourt to his Composition according to the said Articles A true Copy T. Pauncefote Regist. But whilst
me to put into my mind that Sir Henry Berkley whose business was heard immediately before mine had by meer accident contrary unto the usual course staid in the Room whilst his Mittimus was making and whilst I tendred my Petition to Mr. Ashe I made this known unto the Court and they were honorably pleased to give me time for the producing of him at which time of Sir Henry Berklies appearance that individual Petition formerly delivered to Mr. Ashe the tender whereof was so stifly denied was then and not before produced in Court and Mr. Ashe appearing the same time used his utmost skill to incense the Court against me plainly shewing the intention of entering that false Record was to deprive me of my life whensoever I should be called to Trial for it as a person who had neglected my time and thereby forfeited my Articles This foul practice in a person so highly trusted by the Parliament together with Mr. Leeches Oath which did expresly aver the Record of the fourth of August to be entred by the Committees appointment was surely ill resented by the Court although they made no mention thereof in their Proceedings because it never came judicially before them But in my Case after mature advice and several Debates they all resolved and did accordingly certifie unto the Parliament That I was comprised in the said Articles of Exeter did personally appear within four months according to truth although my Articles as I have formerly said required not the same and presented a Petition to the Committee at Goldsmiths-Hall for a Composition in relation to the said Articles which they resolved was a submission to Composition according to the said Articles of Exeter Thereby implicitly condemning M. Ashe of Injustice in denying to admit my Composition tendred with all due circumstances which on my part I was to do and of a foul conspiracy against my life in countenancing a false Record unduely entred to stand against me as an Evidence and be a ground for the condemning of me contrary to the truth and his own knowledge My Life being thus by the blessing of Almighty God and the Justice of that honorable Court preserved my Estate was notwithstanding on the 16th of Iuly following adjudged by Act of Parliament to be sold and accordingly was purchased by several persons from the Trustees at Drury-house Upon the 29th day of September 1652. the House was pleased to pass an Act for reviveing of the former Act made for relief of persons upon Articles and nominated Commissioners for that purpose rejecting two Provisoes tendred to the Act on the 28. and 29. dayes of September before the passing of it which tended to the limitation of that benefit which the House was honorably pleased to grant and allow unto such persons as should claim relief by Articles requiring that the Judgement and Orders of the said Commissioners be obeyed and observed by all Courts Committees Officers and other persons concerned any Law Order or Ordinance to the contrary notwithstanding The 14th of October following I exhibited my Petition to the said Court craving relief upon my Articles where after witnesses examined publication granted and a full hearing of all parties the Commissioners did solemnly declare and adjudge that I was fully capable of the relief intended upon the said Acts of Parliament constituting that Court and that I ought to be admitted to compound for my whole estate according to the Tenor of my said Articles as appears by the Judgement and Proceedings in that Court mentioned at large in my Remonstrance which Judgement I forbear in this place to insert because I shall hereafter have occasion to mention it Neither are they questioned at all by Mr. Ashe who notwithstanding hee hath been formerly examined against me in the High Court of Justice and that testimony of his taken in the Book of Short-hand was afterwards read and made use of in the Court of Articles upon the hearing of my Cause according to the said Order allowing the Book of Short-hand to be made use of as indifferent evidence on both sides and notwithstanding the solemn Judgement of those two Honourable Courts who have plainly declared the refusal of my Petition for a Composition when I tendered it to be a violation of my Articles is yet so passionately pressed against me that without all regard to truth and modesty he hath divulged this scandalous and scurrilous Pamphlet to asperse me only as himself professeth that he might be received as a Witness to swear against me before a Committee appointed to examine my Petition by the late Parliament whom he had hoped to have mis-led by his false allegations whereby he hath occasioned all my miseries and losses And for the better countenancing of his Fables there is with it come out in the name of the Purchasers of my estate a Re-examination of all the matters formerly moved heard and determined in my former hearings which for that reason I forbear to answer as deeming it unfit to submit the things already cleered and judged by two such Honorable Courts as it were unto another Trial and Examination to satisfie the fancies and pleasures of I know not whom Reader I have here given a true and an exact account of all that Mr. Ashe hath acted in my business from my first coming to London after the surrender of Exeter until the sentence given for me in the Court of Articles by which it appears plainly that my Remonstrance is not only true in all those passages touching Mr. Ashe which I have there set down but also that I have therein out of a Christian respect and charity whereof he hath made me but an ill requital forborn to publish that foul practice he hath used to take away my life and my estate the which I had not now divulged were I not compelled to do it for my own vindication against those false and malicious slanders which he hath sought to fix upon me by his shameless Pamphlet which was most maliciously published at the very time when by my Petition which made no mention of him I sued unto the Parliament for my relief I have most cleerly proved not by a feigned Utopian Discourse but by undoubted evidence the testimony of witnesses persons of Honor and integrity by his own Letters by Records and by the solemn Iudgements of two great and Honorable Courts that Mr. Ashe hath herein broken all those tyes that are most sacred as being the foundation wherein doth rest as well the private as the publick conversation of men not to be violated without the general confusion of all Laws Divine and Humane For if you shall consider Mr. Ashe as a private person you will find him a man pretending friendship who having promised assistance to his friend in those indearing terms that might beget a mutual confidence and being the sole man who was relied upon for favor did afterwards without offence or provocation for his own private benefit inveigh
Commonwealth and the said Trustees with this Resolution to the end they might set forth such other cause as they had to alledge if there were any on the States behalf by way of Plea or Answer to the said Petition And the Court also at the prayer of the Petitioner issued forth summons to such persons as were by the Petitioner named Defendants and certified by the Trustees aforesaid to have been Purchasers of the Lands and Estate of the Petitioner to plead or answer to the Complaint of the said Petitioner Hereupon the Councel for the Commonwealth put in an Answer wherein they say they know not that the Petitioner was comprized in Articles nor that he was in the City of Exeter at the surrender nor an Inhabitant there seven Months before the said Articles and that if he were comprized he knew not that the said Petitioner did submit unto or make Composition for his Estate acording to the true meaning of the said Articles and as he ought to have done and avers that the Petitioner had not performed such of the said Articles as on his part were to be performed but had wilfully broken and infringed the same That he hath been ingaged in secret counsels since the said Articles against the Parliament and committed other acts since the Articles whereby he hath forfeited the benefit of the same Articles through his own default And by way of Answer further also sets forth the same matters of Law formerly insisted upon in his said Plea and Demurrer whereupon this Court had formerly delivered their Judgements as aforesaid The said Trustees also put in their Answer and say That by the said Act of the 16. of Iuly 1651. the Petitioners Estate was setled in them upon Trust to convey the same as the said Act directed and that in pursuance thereof they have sold to several persons all the said Estate and do believe that a great part of the purchase-Mony is paid and claim no other interest in the said Estate than as persons intrusted as aforesaid neither know nor are concerned why the Parliament have enacted the Petitioners Estate to be sold Several persons named Defendants by the said Petitioner did also appear and put in Answers to the said Petition In particular Matthew Coker of Lincolns-Inne Gent. saith That he hath purchased from the said Trustees part of the Mannor of Priestley being parcel of the Lands of the said Petitioner and hopes to have back his mony and charges before he surrender and then he sayes he shall be alwayes ready to do the same Iohn War and Iohn Borradale say That they have joyntly contracted with the said Trustees for the Demeasnes of Bewley in the County of Somerset part of the estate of the said Petitioner That how far the Petitioner is concerned in the pretended breach of the Articles of Exon concerns not them to look at the Parliament having as they conceive sufficiently weighed and determined the interest of the said Petitioner in the said Articles before they exposed his Lands to sale Nicholas Battely Iohn Farwell Edward Bushell and Iohn Gorges by their several Answers severally say That they have contracted for the Lands respectively mentioned in the subscription of the Petitioner to the Order of this Court of Summons of the eighth of December last with those who they conceive had authority to do the same and each of them freely offers to submit to what Authority shall do therein Unto which Answers of the Councel for the Commonwealth and the said Trustees and of the said other Defendants the Petitioner Sir Iohn Stawell replied avering the truth of his said Petition and the cause being at perfect issue Witnesses were examined and their Depositions published and by the consent both of Mr. Attorney General and of the Councel for the Petitioner the whole evidence taken before the late High Court of Justice upon the Trial of the said Petitioner before them was agreed to be made use of by either party at the hearing of the cause The Court having also received the Answer of the present Commissioners for compounding c. sitting at Habberdashers-Hall London certifying That they have no further matter against the Petitioner than what hath been already signified to the said High Court upon his Trial by vertue of their Order in that behalf did appoint this day for the hearing of the whole cause Now upon full hearing of Mr. Latch Mr. Harrison and Mr. Amhurst on the behalf of the said Petitioner and of Mr. Attorney General Mr. Attorney Hall and Mr. Hurst on behalf of the Commonwealth together with Mr. Graves on the behalf of the said Trustees and upon reading of the said Answers of the said other Defendants purchasers of part of the Petitioners said Estate they nor any of them appearing nor any for them although due notice had been given unto each of them of the time appointed for the hearing of this cause whereof Oath is made the Court proceeded therein and upon the hearing of the Evidences and Witnesses produced on the behalf of the said Petitioner and of the Commonwealth and consideration had of what stands admitted and proved before this Court they do find and are cleerly of opinion That Sir Iohn Stawel is within the Articles of Exeter confirmed by Parliament by which no persons therein comprized and submitting to reasonable Composition for their Estates are to be accountable or questioned for any act past by them done relating unto the unhappy Differences between the late King and the Parliament That the Petitioner personally appeared before the Committee of the Militia of London and subscribed according to an Order in Parliament of the second of Iuly 1646. not to bear Arms against the Parliament nor wilfully do any act prejudicial to their affairs whilst he remained in their quarters which we find to be agreeable to the 21. of the said Articles That he also personally appeared the 24. of Iuly 1646. being within four months after the said Articles and presented a Petition to the Committee of Goldsmiths-Hall for Compositions mentioning therein his Estate to be sequestred and humbly praying they would please to admit him to Composition according to the said Articles and the then Generals Certificate rendering him capable of that agreement but his said Petition was rejected That Sir Iohn Stawel's tender of that Petition in the manner proved before this Court was a submission to Composition according to the said Articles of Exeter That he was afterwards by Warrant of the said Committee of the 13. of August 1646. committed to Ely-house for refusing to take the Negative Oath and Covenant injoyned by the Ordinances of Parliament of the fifth of April 1645. and first of November 1645. That since that Commitment he hath been continued prisoner in several Gaols and during that restraint hath been several times indicted and brought in question for his life for acts relating to the unhappy Differences supposed by him to be done before the granting of the
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
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