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