Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	lord_n	sir_n	19,204	5	6.2509	4	true

Text snippets containing the quad

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

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

private benefit for having formerly begg'd my Composition he was in hope that this might have been super-added unto it so as this being one of the main things wherwith I charge Mr. Ash is here acknowledged by him But two continue the Naration which I have upon this occasion interrupted Mr. Ash after the proposition which he made for purchase of my Land at Aubury was not above a quarter of an hour gone from me but I was brought to the Bar where being commanded to kneel I desired that before I received any mark of their displeasure I might know my Offence wherupon I was committed to Newgate and these following Resolves and Orders passed against me Die Martis 18. Augusti 1646. Sir John Stawell being brought by the Serjeant to the Barre and by Mr. Speaker Commanded to kneel refused desiring first to be informed what was his Offence he was thereupon Commanded presently to withdraw Resolved That Sir John Stawell be forthwith committed Prisoner to Newgate for high Treason for levying War against the Parliament Ordered that the Sheriffs of London and Middlesex be required to take speciall care that Sir John Stawell committed by warrant of this House Prisoner to Newgate for high Treason for levying War against the Parliament be kept in sure and safe custody Upon which Order a Mittimus was drawn up under the Speakers hand which followeth in these words BY virtue of an Order of the House of Commons These are to require you to receive from the Serjeant at Armes or his Deputy the body of Sir John Stawell Knight of the Bath into the Prison of Newgate in London and him there to detain in safe custody as your Prisoner untill the pleasure of the House be signified to you to the contrary He being committed for High Treason for levying War against the Parliament And for so doing this shall be your Warrant dated 18. Augusti 1646. William Lenthall Speaker To the Keeper of the Prison of Newgate in London ORdered That Mr. Palmer Mr. Walker Mr. Harrington Mr. Searl Sir Thomas Wroth Mr. Blague and Collonel Popham or any two of them do take care that there be a prosecution and an Indictment prepared against Sir John Stawell at the next Assises to be holden for the County of Somerset for high Treason for his levying War against the King Parliament and Kingdom of England Die Lune 28. Feb. 1647. ORdered That Mr. Maynard and Mr. Hill do take care of the Indictment against Sir John Stawell at the next Assises for Somerset Die Mercurij 14. Martij 1648. REsolved by the Parliament that Sir John Stawell Knight be proceeded against for life in the Vpper-Bench Hen. Scobell Cler. Parliamenti And now having nothing left me to save either Life or Estate but by way of Petition to make my case knowne unto the Parliament And having told Mr. Ash when I came out from the Bar that I hoped that in regard they did not admit me to speak they would not be displeased at my Addresse by Petition Upon this hint of my purpose Mr. Ash came unto me three or four daies as I remember after my Commitment to Newgate And after that he had expressed seemingly a great deale of sorrow and trouble that his good Master for so he called me was in so sad a Condition he offered me his service to do what possibly lay in his power sithence there was nothing more seasonable for me then good advice hee did earnestly desire me to apply my self very humbly to the Parliament by Petition I told him that his Advice and my own Resolutions did very well agree and that I did intend to do so Whereupon he told me that he had a very earnest request unto me and prayed me that I would not deny it which was that he might have the honour to preferre my Petition for me and if it were so that I would trust him with it if he did not give me a very speedy account therof and that if he did not use his utmost endeavours to accomplish so much as I should therin desire he would give me leave wheresoevr I saw him or spake of him to say My servant Ash was an arrant Knave I told him that although I did intend to deliver a Petition yet it was not my purpose to have troubled him with it but since he had so freindly invited me therunto he should have it he prayed mee speedily to draw it I told him that I would he told me then hee would come the next morning to me for it and accordingly he did so but not liking the Petition for that I had expressed therin that I had the benefit of the Articles of Exeter and that I had accordingly submitted unto my Composition and that I was refused only for denying to take the Negative Oath and Covenant and therfore did pray that I might be referred unto my Composition and restored to my Liberty he told me that this Petition did too much expostulate with the Parliament for so he termed it that was highly displeased with me and that I should not Petition in that way but draw up an humble Petition that should shew that I was very sorry that I had incurred their displeasures in refusing to kneele when they Commanded me and to excuse that offence in the best manner that I could and to beg their pardon for the same and this he told me would be sufficient to take off the prosecution of my Indictments which was the first thing in order to be done the Assizes being so neer at hand in the Country Wherupon I sent another Petition to him which by his Letter written to me he seemed very well to approve of but yet though I did very often solicite him by my Wife and Freinds to put him in mind to prefer the same he never delivered it to this day nor did ever come neer me after that time which Petition followeth in these words To the Right Honorable the Commons assembled in Parliament The humble Petititon of Sir Iohn Stawell Prisoner in Newgate WHereas your Petitioner by Command lately attended this Honorable House and being brought to the Barr was enjoyned to kneel which your Petitioner forbore to doe not out of any will to lessen the great respect and Reverence due to that Honourable Assembly but conceiving he might first have spoken But now finding that he hath committed an Error for which he holds himself obliged to make an humble acknowledgment and by this Petition to crave a favourable interpretation of his offence Your Petitioner humbly begs your pardon being very sorry hee hath given you so just cause of displeasure and shall account it in these his sad misfortunes a very great happinesse to be restored to a capacity of your favours and that you would not looke back upon what he praies may be forgotten but bee pleased in the midst of Iudgement to remember mercy And your Petitioner shall pray c. Iohn Stawell This is

the Parliament so grosly in the sums which rested of Record upon the Treasurers Accompts we may conclude he hath in probability abused them much more shamefully in those wherein hee was his own Carver and could not be disproved by any because he gave not in the Particulars or Vouchers for them And Secondly how dishonestly unjustly and injuriously hee hath dealt with the Parliament these Gentlemen and my self in the receiving and disposing of it and First as for the Parliament he was authorised by their warrant to receive the summes arising by our Compositions when they should be ascertained and paid in but Mr. Ash hath by the colour of that Order received not onely 8000 l. which was the summe to which the Compositions of Mr. Coventry and Sir Edward Moseley did amount unto but also 2434 l. more towards my Composition whereas hee hindred mee himselfe from making of it and by this mean● he did unwarrantably possess himself and very unhandsomly borrow so much mony belonging to the publique contrary to their intention and his Duty Thirdly The Parliament was moved to grant our Compositions to Mr. Ash principally for the discharge of those Engagements wherein he was entred into together with Colonell Nathaniel Fines Colonell Alexander Popham Colonell Hollis and others These Gentlemen were then Members of the House and expecting to be freed by the assigning of these monies to him did surely very much assist him in the procuring of that Order by themselves and by their freinds when his Petition was read and these Engagements were by the Order appointed to be paid out of the First monies that should come unto his hands but Mr. Ash took so little Care to observe common Honesty and Justice towards the Parliament or those Gentlemen that notwithstanding those Engagements as appears by his Petition amounted but unto 4700 l. and that he hath received as I have shewed already above 10000l upon this account being much more then was due unto him for the discharge not only of those Engagements but also of all other summs which he had really lent and paid in unto the publick use yet he hath not discharged those Obligations but they remain still in force against those Gentlemen as it appears both by his own Confession in his Pamphlet and a late Petition preferred against him by Colonel Popham which followes in these words To his Highness the Lord Protector of the Common Wealth of England Scotland and Ireland The Humble Petition of Col. Alexander Popham Sheweth THat by an Order of Parliament made the 17th of July 1646. the several Fines and Compositions of Sir Edward Moseley Sir John Stawell and Mr. John Coventry were assigned unto Mr. John Ash a Member of the late Parliament for severall Engagements for the Service of the State heretofore presented to the House amounting to 10920 l. lent by himself and others and secured by Mr. Hollis Mr. Nathaniel Fines your Petitioner and the said Mr. Ash which said sum of 10920 l. was by that Order to be first paid and the Engagements discharged as thereby appears That Mr. Ash hath received 10434 l. appears under the hand of Mr Michael Herring a Receiver at Goldsmiths Hall and yet your Petitioner hath paid part of the Debts for satisfaction of which the said 10434 l. was received and the said Mr. Ash forbeareth to re-imburse to your Petitioner or to account for the said money by him received and your Petitioner with others is also sued for 1000 l. more borrowed for the Service of the State of one Mr. Chetwind then Chamberlain of the Citty of Bristoll Wherefore your Petitioner humbly prayeth that in regard the money in question was borrowed for the Service of the State and the matters have been transacted by Orders of Parliament hereunto annexed whereof being now dissolved your Petitioner can have no fruit your Highness would please to order Mr. Ash to declare what payments he hath made out of the said sum by him received when and to whom and what remains in his hands and that out of such Remainder if any be your Petitioners disbursments may be satisfied or he with the others discharged from the trouble and prosecutions under which they now suffer by such other meanes of satisfaction of the said debts as to your Highness in Equity and Iustice shall seem meet And your Petitioner shall pray So that herein he hath very much falsified the Trust the Parliament reposed in him in relation to their honour in not discharging those Obligations having received money to perform it with a great overplus and much abused and prejudiced those Honourable persons whose Indempnity and discharge the Parliament did principally respect and made his request for so much as concerned himself much the easier And Fourthly He hath been very injurious to me denying to admit me to my Composition notwithstanding that upon his own Petition the Parliament had ordered me to make it And that he hath received no lesse than 2434 l. upon the account of my Composition his Order not extending unto the same Having made this Observation by the way I shall now proceed and let the Reader know Mr. Ashes further progresse in the wrongs wherewith I charge him Having thus settled his interest in my Composition he took notice of an Ordinance of Parliament of the 13th of November 1645. whereby all persons who should come out of the enemies Quarters were required to make their appearance before a Committee appointed to enter their names and take an account of their abode and condition upon pain of being proceeded against as spies by martiall Law which Committee did also sit at Gold-Smiths-Hall but were a distinct Committee from those who were appointed to Compound with Delinquents Mr. Ash not considering that this Ordinance extended not to such as came in upon the Articles of Exeter who were onely to appeare and make their subscriptions before the Committee at the Guild-Hall who were by the Ordinance of the second of Iuly 1646 before recited particularly appointed to receive them but finding I had not appeared before the Committee at Gold smiths-Hall according to the Ordinance of the 13th of November 1645. an Order or warrant was entred and made a Record by Mr. Leech then Clark to the Committee for compounding Mr. Ash being then present without the knowledge or consent of divers Members of that Committee thereby suggesting that I had not appeared either before the said Committee or any other Committee of Parliament notwithstanding the time appointed by the Articles of Exeter to which I pretended was expired commanding me on Thursday following to appear before them to answer my contempt which warrant or Order followeth in these words Gold Smiths-Hall London At the Committee for Compounding 4. Aug. 1646. WHereas by Ordinance of Parliament of the 13th of November there was a Committee appointed to enter the names of all such persons as should come out of the Enemies Quarters and to take an account

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 ●●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