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cause_n	great_a	king_n	power_n	3,921	5	4.7466	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A75403	An answer of the purchasers of the lands, late of Sir John Stawel, by act of Parliament, exposed to sale for his treason to a pamphlet, intituled, The humble remonstrance of Sir John Stawel: together with the answer of John Ashe Esquire, to divers scandals mentioned in that remonstrance. As also a petition and several reasons for establishment of publick sales; tendred by Wil. Lawrence Esq; one of the judges in Scotland.	Lawrence, William, 1613 or 14-1681 or 2.	1654 (1654)	Wing A3300; Thomason E1072_3; ESTC R208226	62,646	64

he catcheth at every twig to recover it However the truth of those Verdicts and Indictments is since confirmed by the Iudgment of the High Court of Iustice upon Sir Iohn Stawels Plea of Not guilty and the Depositions of several Witnesses to that purpose as is certified under the subscriptions of three and twenty of that Court and manifested by the recital of the proceedings of that Court in the Remonstrance Sir Iohn being thus found guilty by three several Indictments of Treason and two Murders and still refusing the mercy of his Articles the Parliament in honour of Iustice and upon consideration of his forfeiture of Articles did on the 14 of March 1648. and two years and a half and more after his first Commitment Order his Trial upon these Indictments at the Upper-Bench bar where his Expressions were more insolent and his disownings of the present Authority greater then at any time before And so far was Sir Iohn Stawel after so long imprisonment from accepting the benefit of his Articles that he did not then mention them in order to his exemption from that Trial but on the contrary distinguishing Mr. Iustice Bacon from Mr. Iustice Roll owned the first as one sitting by the Kings Commission but disowned the latter being appointed by the Parliament under the Great Seal by them approved which Seal he termed a Counterfeit and accused the then Sollicitor-Generall of high treason for prosecuting against him in the name of the Parliament as was by several Witnesses proved before the High Court of Iustice And as Mr. Iohn Ash affirmeth uttered words to this effect viZ. My offence is not Treason for which I am here arraigned but because I would not permit the Committee of Goldsmiths Hall to pick my purse and give my consent to pay a sum of mony for the redemption of my Estate which is unjustly taken from me Which speeches if they had fallen from one formerly innocent had been an offence of an high nature but being spoken by sir Iohn a person guilty and so found by several Grand Iuries and at several times of Treason Murder and other high offences And by one that came into the Parliament-Quarters under the pretence of a Composition and in that conjuncture of time when divers Garrisons held yet out for the late King and some Ships had renegaded the Parliament-service and in one of the highest Iudicatures whither multitudes resorted to observe his deportment became not a Compounder much aggravated his former offences must prove prejudicial to the Parliaments affairs and contrary to the 21 of Exceter Articles and to sir Iohns Engagement and subscription at the Guild Hall and was doubtless a breach of his Articles And although perhaps these insolencies were not Treason within the Cognizance of an inferior or ordinary Judicature yet might the Parliament adjudge them so which they have done For in their Act of sale they have mentioned Treason committed by him which must be his miscarriages since his Articles for his former were pardoned And although it be granted they do not amount unto Treason yet they may be a breach of Articles for it is not Treason only that doth break them inferior offences may prove a breach the breach of good behaviour and certainly his miscarriages are of no less nature is a forfeiture of a pardon and why not of Articles Truely much more for pardon though of grace is grounded upon the compact and agreement of the whole Nation but these Articles are but the agreement of certain persons thereof of the Army with Traitors And although by the third Article of Exon certain enumerated Acts are made a breach of those Articles yet questionless other matters not enumerated may be a breach whereof these of sir John are some and it seems have been so adjudged by the Parliament For in the Debate of all Acts and Resolutions of theirs against sir John they still had a consideration of his Articles and adjudged these his miscarriages a breach of them and therefore declared him not to be admitted to Composition having forfeited the benefit thereof And although the Articles bind not sir John in point of his judgement yet they restrain him from all open and overt expressions thereof to the prejudice of the Commonwealth A man in private thoughts deemeth another man to be a thief perhaps knoweth him to be one This judgement this knowledg the Law taketh no notice of But let him declare such his thoughts judgement or knowledge by saying he is a Thief these open words being prejudicial to the party whereof the words were spoken make him liable to an Action and if he proves it not to repair him in damage Sir John might without damage have kept his judgement to himself but expressing it in such insolent and prejudicial language to the affairs of Parliament he forfeited his Articles Which his deportment being reported to the House of Commons they proceeded at that time no further against him in that Court but having then consideration of the Articles of Exon and to preserve the faith of their Armies from all colour of violation they still reserved their mercy for him if he had but then implored it But sir John continued in his averse resolution out of a confidence of the late Kings restitution to his Power and Authority and a designe thereby to receive his whole Estate gratis with a great reward for his many sufferings in owning and justifying the late Kings Cause beyond any of his party being the only Subject of his that refused to comply with the Parliament when he might and was earnestly invited thereunto which aim of his is apparent For Mr. Iohn Ash doth tell us that he sent unto the late King at Hampton-Court desiring him to take notice of the great sufferings he had undergone for his Majesties Cause and did let him know the hopes he had of his Majesties great favour and reward for him when he should be restored And Mr. Iames Ash testifieth that the Lady Stawell told him that sir Iohn did still flatter his hopes to have the King restored and although there were daily less hopes yet his faith continued strong nay besides the testimony of these two persons of honour and by the testimony of two witnesses each truth ought to be tryed if half an eye did but look into his carriage from his first coming before the Committee at Goldsmiths Hall untill his tryal by the High-Court of Justice it could be nothing but disownings contempts and opprobrious language of the present Government and Authority deriding of Compounders and not the least claim of the benefit of his Articles as long as his hopes of favour and singularity remained For sir Iohn never pleaded nor so much as ever pretended to those Articles untill some time after the late Kings death although in the mean time there were brought and obtained against him divers Actions and Iudgements for acts by him done before those Articles and relating to the wars which

comprised within the Articles of Exon or of any other Garison or not within Articles yet did they Petition in that manner although they were as zealous for their King as Sir John Stawel deeming it wisdom in them rather so to do then to run the hazard of not performing their Articles and thereby of the loss of their Liberty and Estate and especially since such acknowledgment or expression and formality of Address was within the intention of those Articles For if a man agreeth to submit to a Composition with these Exceptions certainly he doth agree to submit to all other Rules for such Composition not formerly excepted and this was a constant rule and observed at and before the time of the making of those Articles And therefore in regard Sir John Stawel did refuse to insert such an Acknowledgment or Expression in his Petition he hath in a second particular neglected the performance of his Articles and that premediately since he was preadvised Neither is it satisfactory when Sir John alleageth That he did tell Mr. Ashe he had borne Arms for the late King and by his command unless for the Reasons aforesaid he had in writing affirmed as much And yet this very Paper or pretended Petition which was thus delivered was not presented by himself but put in by a Solicitor And Sir John did refuse to subscribe the same as Mr. Michael Herring hath lately affirmed before a Committee of this present Parliament sitting in the Star-chamber And if it shall be objected That although the several Orders aforesaid did inable that Committee to compound onely with Delinquents it followeth not They should compound with none but such as in terminis acknowledged Delinquency It is easily answered when it is considered That Sir John was not advised to acknowledge in express terms That he was a Delinquent but if he had in his Petition set forth some act done by him amounting to Delinquency it had been sufficient but one of them he was by the constant rules of the Committee to insert in his Petition which Sir Iohn refused Sir Henry Berkley with others came in upon the Articles of Exon as well as Sir Iohn yet Sir Henries Petition was in these words To the Honorable Committe for Compounding with Delinquents The humble Petition of Sir Henry Berkley Knight Sheweth THat your Petitioner as formerly a Commissioner of the Army for His Majesty and since did voluntarily contribute to the Forces raised against the Parliament by means whereof he is become under the notion of a Delinquent That being in the City of Exeter upon the delivery thereof humbly craves the benefit of the Articles of the same And that he may be admitted to a favorable Composition for his offence according to the value of his Estate to the end he may free the same from Sequestration And he shall pray c. Subscribed Hen. Berkley But Sir Iohn having taken on a Resolution not to compound took up all pretences to avoid the same But Mr. Ashe asked him as Sir Iohn objecteth whether he had taken the negative Oath and Covenant to whom Sir Iohn answering no and that his Articles did free him from taking any Oaths Mr. Ashe replyed that before he could be admitted to Composition with them he must take them both It is answered that there then lay on that Committee a command several Ordinances of both Houses the transcripts whereof are inserted that injoined them to tender that Covenant and negative Oath to all persons that came to compound and to secure their persons upon refusal Sab. 1 Nov. 1645. ORdered by the Lords and Commons in Parliament assembled That the Committee at Goldsmiths Hall shall have power to tender the Solemn League and Covenant to all persons that come out of the Kings quarters to that Committee to compound either upon Mr. Speakers Pass or otherwise and to secure such as shall refuse to take the Covenant until they shall conform thereunto Sab. 5. April 1645. BE it ordained by the Lords and Commons in Parliament assembled That all and every person of what degree or quality soever that hath lived or shall live within the Kings quarters or been aiding assisting or adhearing unto the forces raised against the Parliament and hath or shall come to inhabite or reside under the power and protection of the Parliament shall swear upon the holy Evangelists in manner following I A. B. do swear from my heart that I will not directly nor indirectly adhere unto or willingly assist the King in the war or in this cause against the Parliament nor any forces raised without the consent of the two Houses in this cause or war And I do likewise swear that my coming and submitting my self under the power and Protection of the Parliament is without any manner of design whatsoever to the prejudice of the proceedings of the two Houses of Parliament and without the direction privity or advice of the King or any of his Councel or Officers other then in what I have now made known so help me God and the contents of this book And be it ordained by the Authority aforesaid that the Commissioners for the keeping of the great Seal of England for the time being shall have power are hereby authorised to tender administer the said Oath unto any Peer or Wife or Widdow of any Peer so coming to inhabit as aforesaid And it shall be lawful to and for the Committee of the House of Commons for Examinations the Committee for the Militia in London and all Committies of Parliament in the several Counties Cities of the Kingdome to tender and administer the said Oath unto every other person so coming to inhabite a abovesaid if any person not being a member of or assistant unto either of the Houses of the Parliament shall refuse or neglect to take the said Oath so duely tendered unto him or her as abovesaid the said Commissioners and Committees respectively shall and may commit the same person to some prison there to remain without bail or mainprize untill he shall conform thereunto It is true that the Articles of Exon do free all persons comprised therein from all Oaths Covenants and Protestations but it is likewise as true that those Articles were not at the time of Sir Iohn's being at Goldsmiths Hall confirmed by both Houses as in right they then ought indeed the House of Commons had before that time confirmed them viZ. sixth of May 1646. but they were confirmed by both Houses not before the fourth of Nov. 1647 above an year after Sir Iohns being there so as the command of tendering this Oath and Covenant lay still upon that Committee and they were not to compound with any person be he within Articles or without before he had taken them and therefore it was no injustice in that Committee to deny Sir Iohn to treat with him before he was sworn for they were prohibited otherwise to admit him to Composition which Sir Anthony Irbie in his

the Parliament had by their Act declared that he was not admitted to compound and that that Court should try him as one not admitted thereunto which Declaration no inferior or subordinate Court or authority whatsoever hath power to examine or question And all Examinations Resolutions and other proceedings of that Court touching those Articles and Plea thereof are void and extrajudicial and Sir Iohn stands guilty by the Judgement of that Court of high Treason and other the offences abovesaid and by Act of Parliament declared not admitted to compound This his Guilt being certified to the Parliament by the high Court of Justice with a cesser of sentence in respect of his Articles the Parliament upon reading of that Certificate 10 Iune 1651. resented the same yet by reason thereof spared his life but passed an Act of the 16 of Iune 1651. a month thereafter whereby they adjudge sir Iohn to have forfeited his Estate for Treason and thereupon vested the actual possession of that Estate in certain Trustees and their heirs in order to the sale thereof which Lands are since sold accordingly and the moneys disposed of for the use of the Commonwealth sir Iohn Stawell being in that Act first named and before others of higher degree Which Act and Iudgement being the Act and Iudgement of all the People of England inclusively and the same judgement being since fully executed and the Estate of sir Iohn in fact sold and disposed of by and according to that Act and the Purchasers thereof by force of their respective bargains in the actual and peaceable possession thereof these consequences will follow and be necessarily deduced 1. That the Reasons and causes of that Iudgement cannot be examined or questioned out of the House it self Whether they passed that their Iudgement for Treasonable acts by him done before his Articles in regard they adjudge his Articles to be either neglected in performance or broken by all or any his refusals or misdemeanors abovesaid or whether they adjudged those misdemeanors either joyntly or severally to be a new Treason and by consequence a forfeiture of his Estate since his Articles Or whether for any and for any other act of his or cause they passed their Iudgement against him It will therefore seem very unreasonable and be of dangerous consequence if the Purchasers mediat or immediat should be now enforced for defence of such their Possessions to search into and produce the reasons and causes thereof especially since the Purchasers are meer strangers thereunto 2. That all the Examinations and other proceedings and very Iudgement of the Court of Articles on the said Iudgement of Parliament although an Act of Parliament erected it after that Iudgement given were extrajudicial against the fundamental Laws of this Commonwealth and of bad example Coram non Iudice When that Court under pretence of a general Act of Relief upon Articles did intermeddle with the Case of sir Iohn Stawel touching his person and Estate his Estate being already adjudged by Act of Parliament to be forfeited and the imprisonment of his person remaining indiscussed in that very House especially after the Parliament had Thursday Febr. 24. 1652. Resolved THat the Cause of Sir John Stawel upon his pretence of Title to Articles be resumed to the consideration and determination of the Parliament and that the Commissioners for giving relief to persons upon Articles do forbear to proceed any further therein untill the Parliament take further order Hen. Scobell Cler. Parl. Which Resolves amounting unto an explanation of that Act of Reviver determined not with the dissolution of the Parliament but doth remain annexed to it as a Codicil taking away the Iurisdiction of that Court in the Case of Sir Iohn 2. These proceedings were coram non Iudice in regard of a Proviso in that Act of Reviver in these words viZ. Provided That such person or persons claiming benefit of Articles as aforesaid have not forfeited the same by breach or non-performance of what is or was on their part to be performed since their Articles were granted Now the Parliament having declared if not adjudged Sir John Stawell not to be admitted to Compound have adjudged or declared that Sir John hath forfeited his Articles either by breach or non-performance either of which Judgment or Declaration the Court of Articles could not draw into question And therefore is Sir John within that Proviso and without the jurisdiction of that Court. It is a fundamental That a Judgment of Parliament should not be reversed or annulled by any subordinate or delegated Court Judicature or Authority whatsoever or otherwise then by the immediate power of Parliament which power cannot be transmitted to any other Judicature The Court of Articles have adjudged That Sir John Stawell from and after Composition made as aforesaid shall have the possession of his Estate freed and discharged from all sequestrations and seisures whatsoever and shall enjoy the same without any claim demand impediment or molestation of the said Trustees or of the Survivors or Survivor of them they or any of their heirs These are the words of that Judgment as it is recited in the Remonstrance pag. 71. Which Judgment in respect of this Estate is no otherwise then an annihilation of that Act of Parliament by this subordinate Court under pretence of a power transmitted unto them by the general words of the Act of Reviver when as a special Act could not give any such power of annihilation The Legislative power by the fundamental laws remaineth solely and undoubtedly in the Parliament and cannot be transferred to any inferior Judicature whatsoever Of which power the Abrogation or Repeal of former Laws is a branch or part But this Judgment of the Court of Articles in respect of the Estate of Sir Iohn doth amount unto a Repeal of that Act of disposing this Estate by a power pretended to be delegated to that Court by the general words of that Act of Reviver It is of bad example for that Court of Articles to take cognisance of the Cause of Sir Iohn Stawel the same being depending before the Supreme Authority of the Nation when as their Predecessors who had the same if not greater power for that very reason forbare to give Sir Iohn any relief in that behalf And when the High Court of Justice for the same cause forbore their sentence and did submit it to the judgment of the House although their Act was particular and the Act of Reviving the Court of Articles in generall words And the example is heighthened after that the Parliament-Votes had prohibited them any further intermedling to resume the cognisance of the Cause and to proceed to judgment and by that judgment in respect of the Estate to intrench upon the priviledge of Parliament in reversing the Judgments of Parliament and repealing the Acts thereof and when the Judges Members of that Committee and the best and fundamental Expositors of Acts of Parliament the Parliament that made them being