Common-Law or if they have a Title to a Trust or Equity in Chancery whereof Purchasers have no notice they must lose it and be content with such recompence in value as the Law allows what an abomination would it be if two measures of justice should be kept a greater for the Enemy and a smaller for the Subject 16. The Case in point is resolved and practised to the subjects of Ireland yet have they as good Articles as those of Exceter as appears by the Act for setling Ireland dated 12 August 1652. in the tenth Article and last Proviso for it is expresly enacted That they may be transplanted from their own Estates to remote Estate of like value notwithstanding they have been adjudged comprised within Articles 17. Purchasers for the most part are undone and incapable of Indemnity Tenants having drowned and forfeited their Estates Widows Wives Orphants and Fatherless having yeilded up their portions and the estate passed from hand to hand to so many manner of conveyances uses trusts and crose Covenants as is impossible to reconcile or accommodate with any value whereas the estate of the Delinquent is only the interest of a single person who can alledge no reason why to avoid all these inconveniencies he should not accept an estate equal or better then his own in value But only that he scorns to take land on the Title either of Parliament or Army 18. Touching Honour it will reflect deeply on the Honour of the Parliament to retract their own Sales on the Honor of the Protector himself being so eminently named and made a party to the Act of Sale on the Honour of the army the people esteeming publick Sales to be the military Market and planting of the Sphear where by the Laws of Nations all ought to have security and protection in dealing and the rights of buying and selling to be observed inviolable And the Honour of God not to justifie Delinquents to destroy Innocents By all which it is hoped it will appear to all just and intelligent persons that to reverse publick Sales of Delinquents Lands made by Act of Parliament upon Articles or any cause preceding whereof Purchasers had no notice is contrary to wisdom Justice Honour and the Laws of God and man Reasons why the Purchasers of Sir John Stawels Estate desire the late Vote concerning the confirmation of the Purchases may be enacted 1. A Great noise of terrour is spread amongst the People by the proceeding of the Committee of Articles and men still remain fearful to bring in their money to the State unless satisfied with an Act. 2. The presumption of the Committee of Articles in those proceedings against the Resolution of the late Parliament was grounded meerly on this That the same was a Vote and not an Act. 3. In the Intervals of Parliaments on the same grounds men of impudent spirits will sleight a Vote not enacted 4. It is usual and equal for Sellers to do Acts of further assurance 5. The Purchasers are menaced and threatned they shall not hold quiet long what they have purchased 6. They shall not be able to sell off their Purchases to others but with great loss 7. An Act leaves Purchasers in no other condition as against the State then they were before but onely is to secure them against Sir Iohn Stawel 8. Many Acts of Parliament have been confirmed again by Parliament though sufficiently valid before and particularly Magna Charta though unquestionable in it self hath been confirmed above thirty several times Thursday the thirteenth of October 1653. An Act for confirmation of the Sale of the Lands and Estate of Sir John Stawell Knight of the Bath BE it Enacted and declared by Authority of Parliament That all Sales made of any Estate Lands Tenements Hereditaments Goods or Chattels of Sir Iohn Stawell Knight of the Bath by vertue or appointment of any Act or Acts of Parliament are hereby confirmed and established And accordingly all purchasers and buyers of the same shall and may have hold and quietly enjoy the same to them their Heirs and Assignes according to their respective interest and estates purchased or bought and according to the Rules Conditions and Limitations prescribed in the said Acts any Law or Judgement to the contrary notwithstanding Hen. Scobell Clerk Parl. FINIS
that came there under a pretence of a Compounder That the Committee of Gold-Smiths Hall had delivered the said Sir Iohn Stawell to the custody of the Serjeant at Arms that so he might be forth-coming to answer that Charge which he should then give against him and therefore did move that the said Serjeant at Arms might be ordered to bring Sir Iohn Stawell to the Barr of the House to hear the Charge which should be delivered against him in his said Report And the Parliament did then order the Serjeant to send for Sir Iohn Stawell from Ely House accordingly which done the House fell upon the Debate of other Business which took up the greatest part of the forenoon That about ten of the clock the Serjeant came and informed the Speaker that Sir John Stawell was there ready if he pleased to have him called in the Speaker made answer according to the usual custom that as soon as the business then in Debate was at an end he would put the House in mind thereof that so Sir John Stawell might be called in I then observing that the present Debate in which the House was then engaged was like to last for half an hour or more out of my real and hearty respects to Sir John Stawell and his welfare went out of the House on purpose to sit with him and keep him company resolving to spend that time in giving him my best advice and councel to prevent if it might be his utter ruine But coming forth to the Lobby without the Parliament door where usually all persons are placed who either are brought or sent to appear before the House of Parliament expecting to find Sir John Stawell there but missing of him I returned back into the House to the Serjeant to be directed by him where Sir John Stawell was and thereupon the Serjeant at Arms said to me come along with me and I will bring you to the place where Sir Iohn Stawell is and accordingly the Serjeant brought me to that little room mentioned in his Remonstrance upon the head of the stairs a place that I never saw before or ever heard of and there I found Sir Iohn Stawell sitting by himself with a Tobacco-Pipe in his hand and a candle burning by him What Mr Serjeant said I is this little Cell to which you bring me This is said the Serjeant my own Retiring Quarter where I have alwayes two or three bottles of good Wine to refresh my self and all accommodations as Tobacco c. to welcome my friends if there should be occasion And thereupon the Serjeant very nobly offered Sir Iohn Stawell and my self the said entertainment which done the Serjeant departed to attend the service of the House promising me that assoon as the Debate of the House grew to a conclusion he would come and give me notice thereof that so I might return to the House when Sir Iohn Stawell was called in Now when the Serjeant was departed and Sir Iohn Stawell and my selfe alone together in this said little room out of my real and hearty care of his welfare I did most seriously and earnestly press him to be well advised of what he said or did when he came to the Barr of the Parliament House For said I if your carriage here should be like that at Gold-Smiths Hall you will be undone for ever and much to this purpose I spake then to him Sir Iohn gave me the hearing but reply'd very little only sometimes when I was earnest with him to submit and conform he would reply Come come trouble not your self I shall do and say when I come into the House what I shall think to be most fit And when I had there even tired my self in giving him my most earnest and importunate advice and had pressed him to submit and conform wherein I spent about half an hour the Serjeant came and gave me notice that the present Debate in the House was drawing to a conclusion and therefore advised me to come away Rising then to depart I said to Sir Iohn Stawel be not I pray you so wilfull and obstinate as to destroy your self and your whole Posterity but hearken to the friendly advice that I have given you and with that I was stept one foot without the door of the said little room going away at which time Sir Iohn Stawell arising out of his place and coming towards the door after me said I pray what is that good advice that you do give me To whom I reply'd When you come to the Barr of the House of Parliament do you there acknowledge your miscarriage at Goldsmiths Hall and pray the pardon of the House and desire that you may be remitted to Goldsmiths Hall there to make your Composition according to the Articles of Exceter Sir Iohn Stawell replyed Is that your advice I like it not for were I willing yet I am altogether unable to pay the money of a Composition for I have no money to pay it but am alread indebted therefore your advice is not seasonable and good Fy fy what mean you Sir Iohn Stawell replyed I do not you know that I am very well acquainted with many Gentlemen whose debts are great and the incumbrances upon the estates very many who pay for their Compositions some three years value some five and yet they make a shift either by morgaging or selling to save a part rather then lose the whole and you said I have lately bought a Farm in Wiltshire which is an addition to your Estate at Awbery and as you told me your self cost you between eight and ten thousand pound t is but the selling again of that Farm and your Composition is paid and all the rest of your Estate saved Well well said Sir Iohn Stawell all your advice tends to this That I should sell away part of my Lands No replyed I my advice is that you should submit unto a Composition and save your self and your Estate from ruine and so I departed from him into the House of Parliament and never spake with him more untill about four or five daies after when I was sent for to visit him at Newgate And by what means I came to Newgate and the passages between him and my self doth follow in my Answer to the next Charge mentioned in the 30. page Reader thou mayest observe that Sir Iohn Stawell in his relation of the matter doth acknowledg that in all my discourse I did seem to condole his deplorable condition and Sir Iohn Stawell thought then that I did really and not seemingly compassionate him as will appear by what passed between us four or five dayes after at Newgate It was alwayes the study and endeavor of Sir Iohn Stawell to gain himself the repute of a wise stout and prudent Gentleman and so no doubt he thought himself to be when he could laugh at the indiscretions of all those that made their compositions whilst he did with a strong Faith behold at a very remote
the Scots in Arms against this Commonwealth and till all was lost he made only a shew and pretence to desire to compound but really resolved and declared against it and derided and scorned all those who submitted to it All which was besides many others 1. No fit language or behaviour to demand a Composition with 2. A breach of the Peace within the Parliaments quarters 3. An incensing of the People to rebel and adhere to the enemy 4. The highest prejudice to the Parliaments quarters a prisoner could do though he knew by his Articles he was not to prejudice the same and had given security to that end 5. Divers of the same Acts have been made treasonable by Ordinance of Parliament 6. If any innocent person had presumed on half so much it had been his ruine VI. The said Sir Iohn Stawell refused to acknowledge himself a Delinquent and thereby willfully refused his Composition 1. It was the command of the Parliament and the Commissioners for compounding could not justifie composition on any other terms 2. The House of Lords being part of the Parliament had not then confirmed his Articles 3 The Parliament had considerately designed that all Delinquency should rema in of Record that both in the disposing of Offices of trust and power and other future Acts relating to the Commonwealth they might the more readily guide themselves 4. A dishonour might have been aspersed upon them that it had been Latrocinium and not Bellum a robbery and no just War if together with the penalties a confession or tryal of the offence had not likewise appeared 5. Both Commissioners and Sequestrators might have been otherwise liable to future actions and suits from the said Sir John Stawell and his heirs 6. The Parliament had appointed other Courts as namely the Commissioners of Appeals and those of the Common-Law for relief of persons sequestred being not Delinquents which were open unto him for trial if he would stand on that point but by standing on it with the Commissioners for compounding 't is clear heousted them of jurisdiction to meddle with him 7. His refusal was not out of error or mistake but advisedly and obstinately and after he was told of it 8. Both before and at time of making his Articles it was known that by the usual course of submitting to composition the first point was acknowledgement of Delinquency and therefore if the said Sir John Stawell had not liked it he might have chosen whether he would have taken Articles without an express dispensation of that very point VII Your Petitioner saith that the interest of the land in question doth not totally belong to the said Sir John Stawell but there are divers charges upon it and divers transactions have been made touching the same to other persons making no pretence to Articles who never made claim and therefore bound by the sale which your Petitioner ought to have liberty to examin as well by the Oath of the said Sir John Stawell as other persons and to have a Production of the Deeds Titles and Evidences of the said land in Court if there be cause VIII Your Petitioner saith that Purchasers were commanded to pay in their second moyeties by Act of Councel at White-Hall and their Estates were thereupon confirmed by Act of Parliament called by his Highness which is the deepest fundamental of property can be laid and the highest assurance the Law can give and ought not to be questioned IX His Highness hath been pleased likewise by his Oath in the Iwstrument Government to confirm the securing property and to Govern therein according to the Laws and Statutes the benefit whereof your Petitioner doth claim X. Your Petitioner acknowledgeth Laws may be repeal'd Judgements reversed and Authorities countermanded but humbly saith That buying and selling binds Supream Power it self And that in the particular sale the full price both of money and blood hath been received And therefore neither God nor man can revoke their onwn bargain and sales and the whole Christian Religion it self hath no other foundation but a bargain and sale XI Your Petitioner saith his Purchase being a reversion he was necessitated to drown and extinguish his old Lease for which old Lease the said Sir John Stawell received of this Petitioners father far more then the whole Inheritance was worth And your Petitioners occasions have likewise since his Purchase compell'd him to commit acts of forfeiture of his said old Lease by Feoffments and otherwise and to charge the mixt interest of old and new Purchase part with a joynture part in tail to an infant part with debts part orphans money part others And upon such transacting and charging the same hath bound himself in many penal Covenats and Bonds to warranty so that if Justice be not done to your Petitioner in maintenance of his Right your Petitioner is utterly destroyed and made incapable of other Indempnity or Reparation XII Your Petitioner was totally ignorant of the Articles of Exceter or any pretence of the said Sir Iohn Stawell to the same and the same Sir Iohn Stawell might and ought to have given him notice of the same and was earnestly requested and solicited to give your Petitioner notice and directions of his desires touching his intended purchase And the said Sir Iohn Stawell did notwithstanding purposely and fraudulently conceà l the same from your Petitioner which point though your Petitioner had nothing else to say is unanswerable both in the laws of peace and war XIII Your Petitioner saith that the said Sir Iohn Stawell might and ought further to have given notice to the Trustees for sale the Committee of obstructions the Terretenants of the land who had preemption as it is the course and other persons have done though inacted to be sold and their claims taken away as the said Sir John Stawel's was but he did not and therefore by his own wilfull defaults he lost the benefit of stopping sales which others in the like condition obtained Your Petitioner saith that the said Sir John Stawell is a subject and the Land in question English Land and the said Sir Iohn Stawell neither doth nor can claim by his Articles to be in better condition then the residue of the Subjects of England And they if their Estates happen to be sold by mistake in Parliament or erroneus Judgement at Common-Law or their claims have been unjustly refused or there be a trust or title of Equity in Chancery on the Land whereof Purchasers have no notice must take in lieu thereof that expedient which the Law allows namely reparation in value as far as is proper And for the residue damage by way of Action which legal expedient is made good by the said Articles and without them he can have no benefit of the same By the Act for settlement of Ireland the Parliament declared in a far stronger case and though no sale were made to necessitate it that persons there might be transplanted from their own Estates of
equal value notwithstanding they had been adjudged comprized within Articles Sir Iohn Stawell himself hath measured the same and far worse measure to others for the whole Parish of Cothelstone in Somerset hath been by him miserably and totally depopulated And not awaiting the expiring of their Estates he by force fraude and terror expelled them their wives children and families to swim through their own tears to new Plantations Here therefore as the Law warrants and necessity commands so the Finger of God seems to direct and Justice it self to cry aloud for retaliation It would be a very great cruelty and injustice by not making good publick sales to sacrifice to his rage and revenge all the well-affected people of fifteen or sixteen great Mannors who have incurred his hatred meerly out of service to the publick and have the faith and honour both of military and civil power engaged to protect them which if not performed unto them he will in point of Estate neither give quarter to man woman or child but will totally extirpate and destroy them The said Sir Iohn Stawell himself is in no such case as he pretends For as your Petitioner is informed his principal place of Residence being a magnificent seat is purchased by his Lady for his use and besides he hath left him unsold and purchased by his Ladies assigns and friends fifteen hundred pounds per annum more And if he hath the residue of his Rents filled up with Rents of State-Land the money whereof is as good as his own he hath nothing to object but that he scorns the title and desires only to deal in Merchandize will swim best if the ship of the Commonwealth and Government sink together But certainly cannot say but as touching his poor depopulated Tenants whom he pull'd out like snails from their only houses to which their lives were tied But he is far better dealt then he dealt with them or intends to deal with the residue if ever delivered into his hands REASONS FOR ESTABLISHMENT OF PUBLIKE SALE Humbly tendered as well in behalf of the Common-wealth as likewise of the Purchasers of the Estate of Sir Iohn Stawell and all others who upon the Warrant and Authority of an Act of Parliament and in service thereto have not onely engaged their Estates and money but the price and blood of themselves and nearest Relations 1. TT is an absolute maxime that no power can be of continuance unless founded on the title of Land and that foundation cannot be laid without credit to sell 2. One President of Revocation will make the credit of the State excommunicate none will buy or fell with it For once forsworn ever forlorn 3. This will destroy the being of Souldiery by making all got by the sword unseasonable neither can the spoils and Conquests though of the whole world be of use if not vendible but then the more victories the poorer 4. There is no other permanent Bar against the King of the Scots but sales of land and to destroy these will reduce him 5. If Articles may reverse sales by the same justice ought perjury in Witnesses injustice in Judges absence of Witnesses or Parties at time of their trial new Discoveries since and infinite others which principle will make questionable or destroy all Sales ever made or to be made and leave the Parliament no power at all to warrant any 6. Reversing Sales will make the Enemie potent and formidable and Friend poor and despicable 7. The Friend lost and Enemy not got but made more fit for dissimulation and dangerousness neither is there any way to assure them but transplanting to other lands on the Parliaments title 8. To unfreeze an Enemy and be stung to death is folly not charity 9. Touching Grants by Act of Parliament necessity and the Law of the Land frees them from being avoided by any errour of Fact Law or Equity preceding 1. Otherwise no Enemy could or would Article Truce or League with the Parliament for fear of invisible errour and preincumbrance on their Acts and want of power to warrant them 2. Such a principle may not onely destroy all Articles in general but doth part icularly those of Exceter For at the beginning of the wars all adherers to the Parliament were promised indemnity therein against the Delinquent and his party which very Indemnity is clean contrary since by those Articles granted the Delinquent against them and that without any ceremony or hearing of those innocent adherers to their friends who had lost their lives and estates in the service And it cannot therefore be reason or justice to allow the Delinquent to disannul the Act of Sale by a pre-promise of indemnity in Articles and not to allow those Innocents to avoid his Act of Articles by those pre-promises of indemnity to them at the beginning of the wars 3. All Acts of indemnity to their owne Souldiery might be avoided by admitting Reviews for error or equity preceding 4. All ancient Parliament laws and Magna Charta it self may be avoided on that ground 5. As to Estates and Titles if an Act of Parliament shall not be a Non ultra of Controversies the liberty of the people is destroyed and there is no Free-hold in England but all Tenants at will 6. It is in vain in the regulation of the Law to free inferiour transactions from secret pre-incumbrances if the Supream are liable to the same or worse 10. It is unjust if Acts of Sale should be binding to innocents and not to Delinquents what a shame would it be if our Laws should be cords to one and cob-webs to the other 11. It is unjust to prefer a pure promise before property For Rem Domino vel non Domino vendente duobus In jure est potior traditione prior 12. Quod fieri non debet factum valet If an Inheretrix happen to be married or Inheritance sold though contrary to Articles it is not lawful to perform those Articles by committing adultery or robbery for that were to do evil that good might com thereby But there is an honourable and just way left to perform them which is restitution in value and may be more honourable too then specie for value may be sevenfold if Parties please But specie can be but single 13. It is a known Rule if Covenants happen by matter ex post facto to be either impossible in themselves injust as to third persons contrary to the Laws or inconsistent with publick safety It is unlawful to perform them otherwise then in value 14. No supream power ought to repeal their own Bargains and Sales though they may their laws for Regum Contractus non sunt leges 15. By the very words of the Articles of Exceter a Delinquent neither doth nor can claim to be in better condition then the residue of the subjects of England And they if their Estates happen to be sold by command of authority either by a mistake in Parliament or erroneous judgment at