Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	act_n	person_n	tenement_n	2,006	5	11.2521	5	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

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

the Petitioner And so upon the whole matter it cost the Petitioners Father but Two thousand three hundred pounds to have this Estate of near Three hundred pounds by the year thus settled And as touching Depopulations made by Sir Iohn Stawell in the parish of Cothelestone mentioned in the aforesaid Petition I well know having been the most part of my time a near neighbour unto that place that Sir Iohn Stawell did give full satisfaction to all such Tenants whose Estates he redeemed being for the inlargement principally of his Courts Orchards and Gardens about his House and for such as wanted houses and had no other dwellings he either bought or gave them houses in other places to their full content who were better pleased with their Bargains and such Exchanges then with their former Estates And that the Depopulations complained of may the better be understood pray give me leave to inform you that there were but five small Tenements which were so compounded for worth about thirty pounds by the year in the whole and there are yet remaining in the said Parish ten several Tenements and Cottages which are injoyed by estates by him granted which are worth above one hundred pounds by the year and the Demeasns of Cothelestone lying within that Parish were never known to be less worth then Two hundred and seventy pounds by the year and with those additions complained of they are not now worth as is conceived above three hundred pounds by the year as they are annexed to Sir Iohns principal House Besides this there hath been four hundred Acres of land by estimation divided into thirty Acre Tenements by Sir Iohn Stawell and are annexed unto the Mannor of Cothelestone upon many of which Tenements houses are built and Familes do live which in former times had not a house standing upon it and inlargeth that Mannor much more than it was before And whereas in the said Petition it is thus expressed that it would be a very great cruelty and injustice by not making good publick Sales to sacrifise to his Rage and Revenge all the well-affected people of fifteen or sixteen great Mannors I cannot conceive any reason of this expression For Sir Iohns Tenants are so well affected unto him as I have not heard five only excepted whereof the Petitioner is one that any have bought a greater interest in his Lands then what hath been of his own granting and I suppose it will be conceived a great mercy unto them to be restored to him who hath ever been a good Land-lord unto them and stands obliged to the making good of their former Estates And I Iohn Lawrence do likewise say to that part of the Petition that avers That the Petitioner was totally ignorant of the Articles of Exeter or any pretence of the said Sir Iohn Stawell to the same he is very much mistaken for that I my self told the Petitioner That Sir Iohn Stawell had right to the Articles of Exeter and that the truth thereof was known to most men by the publick Trial he had received for his life at the High Court of Justice where his Articles were pleaded allowed and his life thereupon preserved and did advise him not to proceed further in his Purchase intended Wherefore we the Petitioners Uncles do humbly conceive That his Petition in many things wanteth a good foundation That it affordeth no right to the memory of his deceased Father and setteth forth great unthankfulness unto Sir John Stawell who hath been alwayes kind to our Name and Kindred Robert Lawrence John Lawrence November 24. 1654. The relation and dependance which the Grandfather Father and Family of Mr. Lawrence have alwayes had upon my Predecessors and my self And those good offices we have formerly received from them in the occasions wherein we have from time to time imployed them joyned to the just acknowledgement of those advantages received from us which is according unto Truth and Justice now publickly declared by his Uncles are a sufficient motive to me not to reproach the now Petitioner with his ingratitude and falshood towards a Family and person to whom hee ows the Fortune he now possesses Besides I have a hope that the just reprehension of two Uncles the Elders of his Family and who may challenge a respect and duty from him will make him sensible of that foul Error he hath committed in seeking by indirect means our Ruine and Destruction as he hath done which is the cause I leave the further handling of this point and pass unto the next wherein Mr. Lawrence is not more truly informed touching the Condition in which he pretends I am than in those other slanders wherein I have already shewed how grosly he is mistaken For neither hath my Wife purchased my principal place of Residence or any other part of my Estate for the use of me or my children or fifteen hundred pounds per annum mo●e by her Assigns and Friends as Mr. Lawrence doth suggest Nor have I since the time that my Estate was first sequestred received any the least profit or subsistence by allowance out of it And what opinion soever he hath of my Right and Title Truly I would not give consent that any Friend of mine imployed by me should put so mean a value upon the Publick Faith and Honor of the Parliament Armies and the whole Nation ingaged for the performance of my Articles as to become Purchasers of any part thereof at ten years Purchase considering That I am to be restored unto it upon the payment of two years value by my Articles The performance whereof Mr. Lawrence hath surely no just reason to oppose with so much Passion Falshood and Ingratitude as he hath done that he might keep unto himself a part of my Inheritance Unless he hath some wayes abused the Commonwealth in the said Purchase and is therefore loath to receive a satisfaction in value from them which could be no prejudice at all unto him if he hath given a full consideration for the same The last thing and which is most insisted on by Mr. Lawrence is the Act of the 13. of October 1653. made by the Little Parliament for confirming and establishing the sales made of my estate or goods in the possession of the Purchasers And for the better strengthing of it many reasons are therein offered of profit to the State and of convenience unto the Purchasers why the Purchase made by the Petitioner and others of my Estate should not be questioned Unto all which I give this Answer First That the Act before mentioned is meerly void in it self And secondly The same is Repealed and Declared absolutely void by the Fortieth Article of the present Government Of both which points I shall speak briefly as they lye in order First It is a Case adjudged and reported by the Lord Cook That where an Act of Parliament is contrary to common Righr and Justice The Common Law doth in that Case controle an

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

than any Act of Parliament had appointed all those Nations who dwelt within the Land of Promise to be destroyed root and branch and given their Lands unto the Israelites Ioshua was sent by God to put this his Decree in execution with an Army The Gibeonites who were one of those Nations that were to be extirpated sent their Ambassadors and by a cunning slight which in the Scripture is expressed at large deceived Ioshua and procured Articles by surprize from him for preservation of their lives which Saul after some hundreds of years infringed by killing many of them for the accommodation of the Israelites God was pleased himself to take in hand their Quarrell and punished the whole Land with a great Famine for that offence which did not cease untill that breach was expiated by the execution of seven male persons of his Family Here we are taught by a divine example how strictly hee requires from us the due performance of all Articles since God himself who is above all Laws was well contented to dispense with his immediate command rather than to permit a violation of them that we might thereby know by his proceedings that the breach of Articles is a foul crime which cannot be advised without impiety nor put in execution without punishment THese great and weighty considerations of Honor Publique Faith and Iustice whereof perhaps the narrow heart of Mr. Lawrence is not capable induced the Noble Army in their Petition to the late Parliament of August 12. 1652. to make it one of the weighty Clauses of their Request That the Articles of War made unto the Enemy might be made good according to the intent of them Which Petition by order of the Council of War was presented by six Honorable Officers of the Army and had a very favorable and gracious Answer And upon these motives it was that the late Parliament was pleased to pass those Acts whereby the Court of Articles was constituted and impowred to give relief to all that should be damnified or molested contrary to Articles who in pursuance thereof have by their just and honorable sentence adjudged that I should be admitted to Composition and be restored to my estate which hath been also since confirmed by the Fortieth Article of the present Government and promised by his Highness who hath obliged himself to the observance of the same The benefit whereof I do with all humility and confidence expect notwithstanding the perfidiousness of Mr. Ash and the ingratitude and passion of Mr. Lawrence The Conclusion to His Highness the Lord Protector May it please your Highness I Have not dedicated this Vindication of my Remonstrance unto you because I neither hoped nor thought it necessary That it should be presented to your view I have in writing of it had no design but only to cleer my self of those Slanders which the Passion and private ends of some particular interested persons would fix upon me and that in doing of it I might declare unto the world how just and equitable the proceedings were of those two great and Honourable Courts who by the blessing of God have preserved my life and adjudged me capable of my Estate upon a Composition at two years value according to my Articles It is by their two sentences that I conceive my Innocency is evidenced sufficiently to your Justice and it is only from your Goodness that I expect to reap the fruit of their Judgements when you shall be gratiously pleased to impower the Commissioners sitting at Haberdashers-Hall to receive me to Composition which being denied unto me by the Committee at Goldsmiths-Hall when I first tendered it I am now by Decree of the Court of Articles inabled to make before them The summe of my humble Petition to your Highness now lying before your Councel is not that you would exercise a Legislative power in favour of me by repealing the Act of Parliament made for the sale of my Estate or of that Act which after past for the confirming of the Purchasers Estates in respect the first of them is already declared void by the solemn Judgement of the Court of Articles and the objection touching the latter of them is removed by their Certificate formerly presented to your Highness grounded upon the Fortieth Article of the present Government 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 notwithstanding but that you would be pleased by you Order or Direction to Authorize those Commissioners to compound with me for a Fine now belonging to your Highness by the form of Government and to the making of which I am to be received according to my Articles and the Judgement given thereupon to the strict observation of which your Highness hath sufficiently declared your Honourable intentions in taking a solemn Oath to observe that Instrument without violation into which this Article is inserted leaving me for further relief to the said Court according to your former Reference Your Highness will in doing this not only follow the bent of your own inclinations but also exercise an act of highest charity and goodness towards an oppressed miserable person And certainly among those actions which our humanity is capable to execute there can be none that carries in it self a stamp of the Divinity so perfect as when an eminent person imployes the full extent of his whole power in relieving graciously the miseries of humane kind How great and weighty soever your Highnesses occasions may be at present I doubt not but some small time will be found out for this when you shal consider how conformable this action wil be unto his goodness who doth in a peculiar manner appropriate unto himself the name of being God of the afflicted and who vouchsafes to look down from his high Sanctuary upon the earth That he may hear the mourning of the prisoner and deliver the children appointed unto death Wherefore I shall with great assurance hope that your Highness will not abandon me and mine for ever in the shades of death but imitate so great and glorious an example by giving an end to all our sufferings That being declared capable of my Estate by Iudgement of the Court of Articles I may obtain the actual possession of it by the assistance of your Favour and Iustice FINIS SIR UNderstanding by you the other day when I met with you accidentally in the Temple This Letter of Sir Anthony Irbies and reply of Sir David Watkins came not so timely unto me as to be inserted in a proper place that you had an intention shortly to publish something to vindicate your Remonstrance against a Pamphlet written by Mr. Iohn Ashe and finding that he hath also therein made me a co-partner with you in his displeasures I shall acquaint you with an Answer to so much as concerns my self and all men else if you think fit to publish it Although I regard

not much what such men as himself do either say or write in their own Cases especially having done such acts which if he did not endeavor to make good by writing which is too common now adayes being the least he can do to boulster out his Cause would undoubtedly lye very heavy upon his Credit In the Pamphlet Entituled An Answer of the Purchasers of the Lands late of Sir John Stawel c. page 53. and 54 is related the Testimony I gave to the Committee sitting in the Star Chamber with my Answer to the cross Examinations I think truly related which I do avow to be truth and will maintain to be so on any ground in the three Nations Upon which in pag. 56. they are pleased to make some Observations First That if Sir Anthony means the Calender time he says true for Sir John Stawel appearing first the sixth of August came within the time limitted First I do aver that Sir Iohn Stawel petitioned the Committee sitting at Goldsmiths-Hall in Iuly 1646. and so his first coming was before the sixth of August and so my Testimony is true wherein I say that he came within the time limitted by his Articles Which Sir David Watkins also testifies and streightens it to a lunary moneth which I had no reason to do being a thing so long passed and might have slipt out of a better memory than mine Neither doth Mr. Michael Herring in his Examination in pag. 38 and 39 affirm any thing to the contrary so there is no Gens contra Gentem as is falsely alleadged in pag. 56. But for the allegations in pag. 66. That Sir John Stawel did not appear untill the sixth of August there lieth a foul treachery under that which Mr. John Ashe can never wipe off which plainly demonstrates his early intentions to ruin you And that was in a Clandestine Order or Warrant as I may justly call it made the fourth of August 1646. expressed in p. 26. of the same Book which there saith in the body of that Order or Warrant Now forasmuch as you have neglected to make your appearance to the said Committee or to any other Committee of Parliament notwithstanding the time allowed by the Articles of Exon upon which you pretend you come in are expired Now consider the malice and falsehood of this Order or Warrant I do beleeve few or none of the Committee knew of it I have spoken with several of them since the publishing of the aforesaid Pamphlet and they deny the knowlege of it and I protest so do I best known to Sir Iohn Stawels great friend and framed by him out of the love and tender respect he did bear to his old Master False it must needs be for how could it say that Sir John Stawel had neglected to appear before this or any other Committee when Sir Iohn Stawel had appeared at and petitioned to the same Committee the week before And further how could it truely say that Sir Iohn had forfeited the benefit of his Articles for not appearing before the fourth of August when in the page 56. it is acknowledged That the sixth of August which was two days after according to the Calender account was within the time of his Articles I have heard this Order or Warrant was like to have cost you dear at your Trial But this was the Child of your loving Servants brain the man who most favored you at the Committee and I the violentest man of all against you knew nothing of it And therefore again Sir Anthony Irby disownes the Order or Warrant of the fourth of August as not true and so by this Sir Anthony Irby the Commissioner and Sir Anthony Irby the Witness agrees very well and full together though most falsely otherwise related in page 56. And whereas in the same page afterwards they say in their observations upon Sir Anthony Irbyes Letter or Testimony wherein is expressed We gave him eight or ten days or a fortnights time that by that time the time given him by his Articles would be out that we might deal with him the better They charge Sir Anthony to be too severe in his Iustice or rather unjust neither can he be excused of casting snares in Sir Iohns way to satisfie his passion Sir Anthony being the violentest man of all against him though to the breach of the Faith of the Army and Nation For Answer to which I say First It is onely their bare affirmation that I was the violentest man against Sir Iohn Stawel and no proof at all and therefore my No is as good as their Yea. Secondly Why should that be imputed or charged upon me more than upon the rest of the Committee why might not I beleeve Sir Iohn Stawel having so good an Estate to compound for might within that time submit to that they propounded and so compound for his Estate or in that time the House of Lords might pass the Articles of Exon and so might without any scruple be admitted to Composition without taking the Oath or Covenant or the Negative Oath But Sir Anthony Irby admireth that Mr. Ashe or any other should charge severity or injustice upon him as aforesaid that framed or consented to that Order or Warrant term it what you will of the fourth of August 1646. expressed in page 26. There you have an habemus reum confitentem and Sir Anthony Irbies Testimony touching Sir Iohn Stawels carriage at the Committee sufficiently confined there you have him violating of the Faith of the Army and Nation and so mutato nomine de se narratur fabula Now Sir to Answer that which that honest Gentleman Mr. Iohn Ashe saith in a book written annexed to the former Book p. 17. where his Iustice dealeth with me as formerly concerning that part of my Testimony wherein I mention what passed betwixt Sir Edward Bainton and my self at Sir Abraham Williams his house That I should call that a Mannor which he saith is but a Farm I confess I might be mistaken in that for truely in our poor Country you shall scarce meet with a Farm of near that value and I dare say many a considerable Mannor would be bought with that mony in our parts for if I be not mistaken it cost 9 or 10000l But the Ashe is grown so great now as things of 9 or 10000l are but Farmes with him My gains have been such after all my service that I can shew no such Farms bought or offered to be bought by me though I have been as serviceable as he hath been Sir About a week or ten dayes after my Depositions were taken before the Committee of Parliament I was sent for to set my hand to what I had testified there accordingly I did attend them and was called in and as soon as I came in Mr. Ashe made a Speech to the Committee being one of them himself and informed them how well he affected Sir Iohn Stawel and what friendship and love there was betwixt them