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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

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committed to them by the Act of Parliament and that great care justice and integrity they have used in the pursuance of it The Act of Parliament by which the Court of Articles was constituted bears date the 18th of Iune 1649. wherein the Parliament takes notice of divers complaints touching the breach of Articles granted in time of War and taking into their consideration the faith of their Armies and Forces ingaged for performance of the same and how much it concerns themselves in Iustice and Honor that the same be made good and no violation thereof permitted Do Enact and Ordain by Authority of Parliament that the persons therein nominated should be constituted and appointed Commissioners for the ends and purposes expressed in that Act They are thereby authorized to hear and determine the complaints of all and every such person or persons as do or shall pretend to be sued molested or in any wayes damnified contrary to any Articles granted or made to or with any such person or persons in time of War which have been approved of by Parliament They are to determine whether the persons complaining were truly comprized in such Articles and also to judge and determine whether the parties so complaining have by their own default forfeited or lost the benefit of the said Articles Where there shall appear any right due to the party complaining by vertue of such Articles and yet denied and not duly performed or any violation thereof made against him or them they are in every such case authorized to award and give unto the party complaining relief and redress so far as in justice they ought to have by the said Articles by staying proceedings in Law or Equity discharging Judgements Executions or Decrees or by restitution in specie or in value of what hath been taken recovered or withheld but without charging any costs or further damages against the Commonwealth or against any person or persons against whom the Complaint is made And it is thereby further Enacted That upon all such Complaints in all such Cases the Certificates Orders and Awards of the said Commissioners or any nine or more of them being produced to any Court of Justice Committee Commissioner Magistrate Officer or other person or persons whatsoever before or with whom any Matter Question or Thing which such Complaint concerns doth or shall any wayes rest or depend respectively shall in every such Matter Question or Thing be binding and conclusive unto and obeyed and observed by all and every such Courts Committees Commissioners Magistrates Officers person and persons who are by vertue of the said Act enjoyned and required to take notice of and observe the same any Law Order or Ordinance to the contrary notwithstanding A Proviso is added in the bottome of the said Act That nothing therein contained should be construed to controle an Order or Ordinance of the Lords and Commons bearing date the 9. of December 1643. or any other Order or Ordinance of Parliament concerning the Town of Kings-Linne and the Articles agreed unto by the Earle of Manchester upon the rendring up of the said Town but that the said Order or Ordinance and all proceedings thereupon had should be as good and effectual in Law as if that Act had not been made any thing therein contained to the contrary in any wise notwithstanding This Act of Parliament being made to continue only until the 20. day of Iune 1650. and no longer ended by expiration After which upon the 29. of September 1652. another Act was made for renewing the said former Act for relief of persons upon Articles The Parliament therein takes notice that the said former Act is expired and yet many complaints concerning breach of Articles remain still undetermined And therefore by Authority of Parliament they do Enact That the said Act and every clause Article and sentence therein contained shall be in force from the 28. of Septem. 1652. till the 28. of September 1655. It is thereby further Enacted That the Commissioners therein nominated or any seven of them should be Authorised and appointed Commissioners to put in execution all the Powers expressed in the said former Act It is also further Enacted That the Commissioners therein nominated or any seven of them shall be thereby Authorised to give relief according to the powers mentioned in the said former Act to all such persons who were or should be arrested sued impleaded imprisoned or sequestred contrary to any Articles given or granted by any Commission-Officer not under the degree of a Captain intrusted upon the place as Commander in chief by Land or Sea in England Scotland or Ireland Unto this Act four Provisoes are added First That the persons clayming benefit of Articles have not forfeited the same by breach or non-performance of what was on their part to be done since the Articles were granted Secondly That such persons have not been ayding to the late King or Charles Stuart his Son in open Hostility or secret Counsels since the 30. of Ian. 1648. Thirdly That no person shall have benefit of the Act unless he shall put in his claim to such Articles before the Commissioners within the times therein limited viz. For Articles in England before the first of Feb. 1652. and in all other places before the first of Iuly 1653. And fourthly That where any Question shall arise before them upon Articles whereof relief is by that Act intended which have not been confirmed by Parliament The Commissioners shall resort unto the Parliament for their Resolutions touching the said Articles before they the Commissioners proceed therein further than to stay proceedings at Law against any person or persons concerned in such Articles or sale of their Estates Unto this Act before the passing of it two Provisoes were tendered The first on the 28. of Sept. 1652. to this effect Provided that this Act nor any thing therein contained should not extend nor be construed to extend to prejudice alter or make void any Resolutions Votes or Iudgements given in Parliament touching any the Articles aforesaid or any persons clayming thereby The other on the 29. of Septem. 1652. to this effect Provided that no real or personal estate which hath been setled conveyed or assured to any person or persons by vertue of any Act Ordinance or Order of this present Parliament shall be made null vacated or otherwise determined or disposed of by the Commissioners named in this Act or by their Authority but if they see cause of restitution by vertue of Articles subject to their Cognizance not in specie against the particular person or persons upon whom such estate or estates be setled conveyed or ass●red but in value by such other Lands or Revenue as the Parliament shall direct any thing in this Act or the former hereby revived to the contrary notwithstandiinng But these Provisoes which tended to the limitation of the benefit most honorably granted by the House to persons claiming benefit by