Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	law_n	lord_n	4,135	5	3.8427	3	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

against the person that trusted in him whom he presented to the Committee who were his Judges under so foul a Character that before they saw him they began their knowledge of him by the hatred of his pretensions and person You see him afterwards publickly obstruct that Composition he had promised to further with his best assistance and when by breach of that publick trust which was reposed in him by Parliament he had procured unto me their displeasure you see him then resume the person of a friend that he might cheat me of my Petition when I had nothing else remaining to preserve either my life or estate and having gotten the possession of it to keep it by him and neither offer it himself unto the House or put it into the hands of any other as he pretended to have done upon his going into the Country after which time he never more came neer me as I have formerly said in my Remonstrance What can be added unto the malice and perfidiousness of this being all acted under the colour and pretence of love and friendship But if we look upon him as a publick person then this miscarriage appears in him much fouler for we must then consider Mr. Ashe as a man most highly trusted by his Country when they returned him to serve them as a Member of Parliament and most particularly favoured by that great Assembly by nominating him a Member of the Committee who were intrusted to dispence their Justice granted in the Articles of War made by their Armies unto the strict performance whereof the publick faith and honor of the Armies the Parliament and the whole Nation in general were by the Law of God and Nations ingaged in a most eminent and particular manner and upon this depended the lives and fortunes of a considerable number of their fellow-subjects who were ingaged for the late King in those unhappy differences whom they were to admit to Composition upon the terms prescribed unto them by their several Articles so as they were appointed Iudges over things which are above all other of the highest consequence and most concernment to wit The publick Faith and Honor the Estates the Lives and Liberties of their Country-men and Fellow-subjects And among all these persons there was more than ordinary confidence reposed in Mr. Ashe who was the Chair-man of the said Committee Wherefore for such a man thus qualified advanced and trusted first to obtain the Grant of a Fine unto his own particular use which was to be assessed before himself For the obtaining whereof he exhibited unto the Parliament a cheating false Account claiming Sums which he not at all disbursed as I have formerly expressed To play the Orator and falsly to calumniate a person to his fellow Judges who was a stranger to them and did appear before them an humble Petitioner to obtain the benefit intended to him by his Articles having engaged himself to favor his Petition To obtrude Oathes and Covenants upon him from which he was to be exempted by his Articles and for that reason to deny this Composition when it was tendered To be present and assistant unto the entry of a Record the Contents whereof were false to his own knowledge and did no way belong to his Cognizance or Jurisdiction To give direction for the making of a Report unto the House of Commons as from the whole Committee without their Warrant or Directions That I had contemned the Parliaments authority and forfeited my Articles And lastly To appear and by his Testimony to countenance that false Record when it was urged against me at my Tryal thereby to take away my Life and Estate together All these are in a publick Officer crimes of so high a nature and concernment that if we find not presidents touching the punishments due to them we must conclude it is because himself was the first man that ever had presumption to commit them But although our Histories have not examples of the like miscarriage in an Officer so immediatly intrusted by the High Court of Parliament as Mr. Ashe yet notwithstanding our Laws are very clear and positive in the inflicting of great and exemplary punishments on persons trusted with the execution of the Law and publick Justice of the Land if they shall violate their trust in matters of far less concernment than what was recommended to Mr. Ashe If a Judge of Record sworn to decide the private Controversies between man and man shall through corruption or interest wilfully give a Judgement contrary unto the known Law and his own Conscience our Ancestors have thought this crime worthy of death and have accordingly inflicted it upon the offenders as is apparent in our Histories If a Jury who are the Judges in all matters of fact which come in issue before the Judges in the Courts of Common Law give a false Verdict contrary to their evidence this is a crime so odious in the eye of the Law that being attainted of it they shall suffer the VILLANOUS JUDGEMENT And the same Iudgement is also given in a Conspiracy upon the false conspiring to deprive a man of life by an Indictment at the Common Law which Judgement is declared by my Lord Cook to consist in five several punishments First That their bodies shall be imprisoned in the common Gaol Secondly Their Wives and Children amoved out of their Houses Thirdly That all their Houses and Lands shall be seized into the Kings hands and their Houses wasted and their Trees extirpated Fourthly All their Goods and Chattles forfeited to the King Fifthly That they for ever shall loose the Freedom and Franchizes of the Law that is First They shall never be of any Juries or Recognitors of Assizes Secondly Nor never be received as Witnesses in any Cause Thirdly That they shall never come into any of the Kings Courts but make Attorneys if they have any thing to do there And this is called a VILLANOUS JUDGEMENT because of the villany and infamy which they deserve against whom it is given And all is inflicted by the common Law for that the Offenders by false conspiracy under the pretext of Law by Indictment of Treason or Felony and legal proceedings thereupon sought to do the greatest Injustice by false conspiracy to shed his blood who afterwards is thereof Legitimo modo acquietatus But if these crimes are singly punished with so much rigor by the Laws in our inferior Magistrates and persons what shall we say of Mr. Ashes guilt who hath himself taken the boldness to commit them all In acting the several parts First Of a malicious unjust Iudge when I first tendred my Petition to him Secondly Of a corrupt Iuror in his direction for the report against me to the House And thirdly Of a false Conspirator by countenancing the entry of that pernicious Record which was produced and sworn against me at my Trial especially being in breach of an immediate Trust committed to him by Authority of

order this approbation to be published to the end all people concerned may take notice therof And that the Committees Iudges Officers and other persons concerned therin do take notice therof and observe the same any Orders or Ordinances to the contrary notwithstanding Iohn Brown Cler Parliamentor H Elsynge Cler. Parl D Com. THe Reader may observe that a distinction is made upon the granting of these Articles between such as were then Excepted by Parliament from Pardon and Composition and all other persons comprised in them Those of the first sort being the excepted persons were to enjoy no other benefit by the Articles but liberty to go unto any of the Kings Garrisons and safe conduct for them to repair unto the Parliament there to apply themselves for their admission to Composition and Indemnity and if they failed therin were however to have four months after the date of them to endeavour their peace or go beyond Sea to which purpose Passes were to be granted to them All the rest were not to be accountable or questioned for any Act done by them or their procurement Relating to the War they submitting to Composition which his Lordship engaged himself should not exceed two years value and that being once made they were to have Indemnity for their persons and enjoy their Estates and all other Immunities so as all these were absolutely admitted to their Compositions without any limitation or circumscription of time wherin they should submit unto it The Articles further providing that no Oath Covenant Protestation or Subscription relating therunto should be imposed on them but only such as should oblige them not to bear Armes against the Parliament nor wilfully do any thing prejudicial to their Affairs whilst they remained in their Quarters I was comprised within these Articles and accordingly the Lord General on the fourth day of April 1646. gave a Certificate under his hand and Seal therby signifying that I was in the said City at the surrender therof and was to have the benefit of those Articles which were then agreed upon which Certificate I forbeare to insert here because it is recited in my Remonstrance and hath been proved upon my several Tryals in the High-Court of Justice and the Court of Articles And consequently not being excepted from Pardon or Composition by the Parliament was absolutely admitted to compound without any limitation of time wherin to make a tender of it But having upon due consideration resolved to submit unto the Parliament accept the benefit intended to me by those Articles and spend the residue of my daies in peaceable obedience unto the Government established I thought it best to put this speedily in execution and after some time spent in the Country to fit my selve for such a Journey I came to London on the 15th day of Iuly 1646. I was no sooner come but Mr. Ash taking it seems notice of my arrival came the next day being the 16th day of Iuly 1646. early in the morning whilst I was a bed to welcom me to the Town and to bestow a Visit on his good Master for by that name he pleased to call me And here begin the Series of those Untruths which he hath framed and published as an Answer to my Remonstrance in the said fictitious Pamphlet wherin he doth by way of Introduction assure the Reader that he hath written an exact Narrative of all proceedings and passages in my Cause from the time of my first coming to London unto the time I was arraigned at the High-Court of Justice and this he saith he wrot upon the first sight of my Remonstrance but then forboreto publish it upon some reasons which he pretends did hinder him from setting out that large discourse First in regard that he had answered all the particulars which did concern him before the High Court of Justice to their satisfaction and my confusion Secondly because the scandalls he pretends were mentioned in my Remonstrance were so apparantly false that every one might easily perceive therin a confutation of those things were charged upon him And thirdly Because in his respect unto my family he was willing to be silent least otherwise in giving answer unto the scandalls wherewith he doth pretend himself to be aspersed by saying he did clandestinely obstruct my composition he might doe that wch he doth now conceive himself obliged unto viz. Prove that I never intended to compound but resolved the contrary flattering my self with hopes of seeing the late King restored unto his power and greatness from whom I might receive not only my whole Estate but also a great reward for my suffering in owning and defending his cause beyond any of his party But notwithstanding these reasons since he hath heard that a Committee was appointed to examine the matter of Fact in my Petition he is so set upon the working of my ruine that he is now resolved to add falsehood and impudence unto his malice by publishing this Fiction of his own in answer to the Scandals which he pretends were fixed on him by my Remonstrance least otherwise his testimony against me might be impeached and he should be mis-represented to those who were strangers to his Actions Now in regard I have resolved in this Discourse to render an exact Narrative of Mr. Ashe his carriage and actings in relation to my business wherby the many falsehoods contained in that his Pamphlet will be made evident I hold my self obliged before examination of them to shew the falsehood frivilousness and vanity of those his Reasons Now as to the first of them I cannot but admire the boldness of this affirmation which is not only contrary to truth but also to the very Judgment of the High-Court of Justice in the sole point examined by them For being brought to tryall for my life before that Court I had no other matter to alledge for preservation of it but that I was comprised within the Articles of Exeter and had performed all that on my part was required for Intituling my self unto the benefit of them That all my troubles had their rise from Mr. Ashe who contrary to justice and his duty refused my Petition to compound when I first tendred it according to my Articles and afterwards caused me to fall into the Parliaments displeasure by the undue practises hereafter mentioned which are the Subject of the ensuing Narrative To prove the contrary wherof Mr. Ashe was produced a Witness on the Common-wealths behalf and did with great malice and virulency endeavour to have justified his own proceedings by proving that I had forfeited the benefit of my Articles But the Court having upon full hearing declared the contrary did consequently and by implication adjudge his Answer no way satisfactory as to the clearing of himself from those hardships towards me wherwith I charged him upon my defence and this point also hath been since decreed by solemn Iudgment of the Court of Articles So as this first reason is a notorious

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 da●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