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 moâ—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
Commonwealth and the said Trustees with this Resolution to the end they might set forth such other cause as they had to alledge if there were any on the States behalf by way of Plea or Answer to the said Petition And the Court also at the prayer of the Petitioner issued forth summons to such persons as were by the Petitioner named Defendants and certified by the Trustees aforesaid to have been Purchasers of the Lands and Estate of the Petitioner to plead or answer to the Complaint of the said Petitioner Hereupon the Councel for the Commonwealth put in an Answer wherein they say they know not that the Petitioner was comprized in Articles nor that he was in the City of Exeter at the surrender nor an Inhabitant there seven Months before the said Articles and that if he were comprized he knew not that the said Petitioner did submit unto or make Composition for his Estate acording to the true meaning of the said Articles and as he ought to have done and avers that the Petitioner had not performed such of the said Articles as on his part were to be performed but had wilfully broken and infringed the same That he hath been ingaged in secret counsels since the said Articles against the Parliament and committed other acts since the Articles whereby he hath forfeited the benefit of the same Articles through his own default And by way of Answer further also sets forth the same matters of Law formerly insisted upon in his said Plea and Demurrer whereupon this Court had formerly delivered their Judgements as aforesaid The said Trustees also put in their Answer and say That by the said Act of the 16. of Iuly 1651. the Petitioners Estate was setled in them upon Trust to convey the same as the said Act directed and that in pursuance thereof they have sold to several persons all the said Estate and do believe that a great part of the purchase-Mony is paid and claim no other interest in the said Estate than as persons intrusted as aforesaid neither know nor are concerned why the Parliament have enacted the Petitioners Estate to be sold Several persons named Defendants by the said Petitioner did also appear and put in Answers to the said Petition In particular Matthew Coker of Lincolns-Inne Gent. saith That he hath purchased from the said Trustees part of the Mannor of Priestley being parcel of the Lands of the said Petitioner and hopes to have back his mony and charges before he surrender and then he sayes he shall be alwayes ready to do the same Iohn War and Iohn Borradale say That they have joyntly contracted with the said Trustees for the Demeasnes of Bewley in the County of Somerset part of the estate of the said Petitioner That how far the Petitioner is concerned in the pretended breach of the Articles of Exon concerns not them to look at the Parliament having as they conceive sufficiently weighed and determined the interest of the said Petitioner in the said Articles before they exposed his Lands to sale Nicholas Battely Iohn Farwell Edward Bushell and Iohn Gorges by their several Answers severally say That they have contracted for the Lands respectively mentioned in the subscription of the Petitioner to the Order of this Court of Summons of the eighth of December last with those who they conceive had authority to do the same and each of them freely offers to submit to what Authority shall do therein Unto which Answers of the Councel for the Commonwealth and the said Trustees and of the said other Defendants the Petitioner Sir Iohn Stawell replied avering the truth of his said Petition and the cause being at perfect issue Witnesses were examined and their Depositions published and by the consent both of Mr. Attorney General and of the Councel for the Petitioner the whole evidence taken before the late High Court of Justice upon the Trial of the said Petitioner before them was agreed to be made use of by either party at the hearing of the cause The Court having also received the Answer of the present Commissioners for compounding c. sitting at Habberdashers-Hall London certifying That they have no further matter against the Petitioner than what hath been already signified to the said High Court upon his Trial by vertue of their Order in that behalf did appoint this day for the hearing of the whole cause Now upon full hearing of Mr. Latch Mr. Harrison and Mr. Amhurst on the behalf of the said Petitioner and of Mr. Attorney General Mr. Attorney Hall and Mr. Hurst on behalf of the Commonwealth together with Mr. Graves on the behalf of the said Trustees and upon reading of the said Answers of the said other Defendants purchasers of part of the Petitioners said Estate they nor any of them appearing nor any for them although due notice had been given unto each of them of the time appointed for the hearing of this cause whereof Oath is made the Court proceeded therein and upon the hearing of the Evidences and Witnesses produced on the behalf of the said Petitioner and of the Commonwealth and consideration had of what stands admitted and proved before this Court they do find and are cleerly of opinion That Sir Iohn Stawel is within the Articles of Exeter confirmed by Parliament by which no persons therein comprized and submitting to reasonable Composition for their Estates are to be accountable or questioned for any act past by them done relating unto the unhappy Differences between the late King and the Parliament That the Petitioner personally appeared before the Committee of the Militia of London and subscribed according to an Order in Parliament of the second of Iuly 1646. not to bear Arms against the Parliament nor wilfully do any act prejudicial to their affairs whilst he remained in their quarters which we find to be agreeable to the 21. of the said Articles That he also personally appeared the 24. of Iuly 1646. being within four months after the said Articles and presented a Petition to the Committee of Goldsmiths-Hall for Compositions mentioning therein his Estate to be sequestred and humbly praying they would please to admit him to Composition according to the said Articles and the then Generals Certificate rendering him capable of that agreement but his said Petition was rejected That Sir Iohn Stawel's tender of that Petition in the manner proved before this Court was a submission to Composition according to the said Articles of Exeter That he was afterwards by Warrant of the said Committee of the 13. of August 1646. committed to Ely-house for refusing to take the Negative Oath and Covenant injoyned by the Ordinances of Parliament of the fifth of April 1645. and first of November 1645. That since that Commitment he hath been continued prisoner in several Gaols and during that restraint hath been several times indicted and brought in question for his life for acts relating to the unhappy Differences supposed by him to be done before the granting of the
said Articles That it appeareth not to this Court that he hath by any act or default of his lost or forfeited the benefit of his said Articles which we find to be approved by the then House of Commons the sixth of May 1646. and by both Houses of Parliament the fourth of Novem. 1647. who Ordered that Approbation of theirs to be published and all Committees Judges Officers and other persons concerned to take notice thereof and observe the same any Orders or Ordinances to the contrary notwithstanding That since his said submitting to compound the profits received forth of his Estate being ever since until the late sale under Sequestration and the Damages thereby by him sustained appear to amount to above 25000 l. That by the Trustees Answer in this case it appears they have sold all his Estate by reason of the Act for Sale wherein he is included And the Defendants Matthew Coker Iohn Warr Iohn Borradale Edward Bushel Iohn Farwel Nicholas Batteley and Iohn Gorges acknowledge they have bought of them the said Trustees several parcels of the said Estate That the said Petitioner Sir Iohn Stawel being tried for his life before the late High Court of Justice sitting in the years 1650 and 1651. that Court finding him within the said Articles and that he had submitted to Composition thought not fit to proceed to sentence but to certifie his Case to the Parliament Upon which Articles this Court finds not any Judgement to be since given but discern themselves impowred authorized and required by Parliament to give relief to persons wronged through breach of Articles in such sort as is expressed by the Acts made in that behalf All which this Court having taken into their serious consideration and how far the Faith of the Army and Honor and Justice of the Parliament and Nation are concerned in this and the like cases that right be done and no violation of Articles permitted after many debates and mature deliberation had thereupon and being satisfied in their judgements and consciences that the Petitioner Sir Iohn Stawell is fully capable of the Relief intended to persons within Articles by the Acts directing and authorizing the same and constituting this Court Do in order thereto and in pursuance of the power and trust to them committed in that behalf Resolve Declare and Adjudge That the Petitioner Sir Iohn Stawell hath good right and by his said Articles ought to be admitted to compound for his whole Estate real and personal according to the tenor of the same Articles notwithstanding any the Settlements Sales or Contracts before-mentioned at such rates and in such manner as others comprized within the said Articles have done and the Commissioners for compounding with Delinquents are hereby inabled authorized and required to permit the said Sir Iohn Stawell to compound for his whole Estate as aforesaid And in respect of those great Losses and extreme Damages which the said Petitioner hath sustained by the Sequestration and Detention of his Estate and the profits received out of the same for above seven years last past and by the felling of his Woods and Timber and otherwise for want of being admitted to a timely Composition This Court doth order and direct That the said Commissioners for compounding do cause an exact account to be made of the Rents Issues and profits received for or out of the Petitioners Estate since he first submitted to Composition and was not admitted thereunto and do recommend to their consideration the proofs thereof already taken in this Cause Copies whereof attested by the Register of this Court are for that purpose to be presented to them And if the said Commissioners shall find the same to amount unto or exceed the Fine or Composition which the said Petitioner ought to pay according to the rates prescribed and allowed by the said Articles of Exeter That then the same be allowed accepted and taken in lieu and full satisfaction of such Fine or Composition so imposed upon or to be satisfied by the said Petitioner Sir Iohn Stawell according to his Articles otherwise the defect if any happen to be is to be supplied by him the said Petitioner And if any surplusage or overplus remain the said Commissioners for compounding are hereby ordered and desired to certifie the same unto this Court And upon such computation and satisfaction made as aforesaid the said Commissioners are hereby directed and authorized to give their Order for such acceptance of the Petitioners Fine and Composition and to give the Petitioner a Discharge accordingly and they are desired to give him all fitting expedition in the premises And it is further ordered adjudged and declared by this Court That after the making of the said Composition as aforesaid the said Petitioner Sir Iohn Stawell shall have the Liberty and Indempnity of his person free from any further restraint or imprisonment according to the true meaning of his said Articles and that all Bayl or other security entred into by the said Petitioner or any other person with or for him touching his true imprisonment be thereupon delivered up to the said Petitioner and vacated and discharged and that he be in the mean time permitted upon the Bayl already by him given to prosecute and attend the perfecting of his said Composition without let or molestation And that the said Petitioner Sir Iohn Stawell from and after such Composition as aforesaid shall have the possession of his Estate freed and discharged from all Sequestrations and Seizures whatsoever and shall injoy the same without any claim demand impediment or molestation of the said Trustees or of the Survivors and Survivor of them their or any of their Heirs And this Court doth further award order and judge That the Trustees for sale of Lands and Estates forfeited to the Commonwealth for Treason do upon sight of this Order and Award stay and forbear all further proceedings in the Sale or Disposal of any the Lands and Estate of the said Petitioner Sir Iohn Stawell remaining unsold if any such be and if any part of the Monies remain unpaid for any Lands belonging to the Petitioner already contracted for and sold that they likewise forbear to demand or receive the same or to make any further proceedings touching the same or intermeddle any further therewith And it appearing unto this Court by the answers of the said several Defendants Matthew Coker Iohn Warr Iohn Borradale Nicholas Battely Iohn Farwell Edward Bushell and Iohn Gorges that they have contracted for and purchased some parts and parcels of the Petitioners Lands and Estate mentioned and referred to in and by the Answers afore mentioned the detention whereof is to the prejudice and tending to the disherison of the said Petitioner and contrary to his said Articles This Court do order and adjudge That from and after the perfecting of the Composition aforesaid and notice given thereof and of this Order and Judgement the said Matthew Coker Iohn Warr Iohn Borradale Nicholas Batteley Iohn Farwell
untruth declared to be so by two honourable Courts and is besides injurious to them since they could not in justice have acquitted me without censuring the proceedings of Mr. Ashe against me as unjust and tending to the violation of the said Articles As for his second Reason it is besides the falsehood of it so vain and frivolous that I can see nothing of reason in it but the name for if those things wherwith I charged him be true as I shall evidently shew they are then the improbability of them is a Chymera only of his own brain which can no where have a subsistance except it be in his fictitious Pamphlet the worthy Issue of such a Parent And for his third Reason who sees not the absurdity therof for if he truly had any respect unto my Family which he hath ruined and had for that consideration forborn to publish that wherby it might appear I never had intention to have compounded as he surmiseth This motive of respect unto them would have been much more powerfull with him when upon my Petition to the late Parliament he saw that a Committee was appointed for the re-examining of my Cause on the success wherof depended their fairest hopes then whilst they could not be prejudiced by that discovery The High-Court of Iustice and the Court of Articles having resolved in my Case that I had really submitted unto a Composition according to the Articles of Exeter Therfore for this man to do this unasked or called for meerly to preserve himself in a capacity to be a Witness against me and therby the better to be enabled to ruine and destroy them is a kindness so suitable unto the truth of all his other Allegations that I must leave it to the Reader to determine whether he hath in these three Reasons given a larger testimony of his Ingenuity or of his respects unto my family His three reasons being thus answered I shall now proceed in my relation which upon that occasion was interrupted and shall inform the reader of what passed between us upon our first meeting This first visit from Mr. Ashe who was in those dayes a man of power and usually Chair-man of the Comittee at Goldsmiths Hall with whom I was to make my Composition gave me an apprehension that I might by his favour reap some considerable advantage in the perfecting of it and therfore after words of civility and congratulation had passed between us such as are usuall amongst friends upon their meeting after a long absence I failed not to acquaint him with my business letting him know that I was come to London with an intention to compound for my Estate upon the Articles of Exeter and did desire his furtherance in the doing of it which he did very freely promise assuring me that he would imploy his best interest to serve me in all things And now having thus happily as I thought gotten a friend who could better then any other assist me in the prosecution of my business I did then upon further discourse acquaint him with a difficulty I apprehended in being able to raise money for payment of my Composition telling him I had heard in the Country that Deans and Chapters Lands were by the Parliament appointed to be sold at ten years purchase and therfore it was probable the price of other Lands would fall on that occasion wherby the two years value which by my Articles I was to pay for my Composition would be intruth the same to me as four years value because I should for raising of it be forced to sell Fee-simple Lands at ten years purchase which at another time would sell for twenty This was in truth a Report mistaken in the Country for although Bishops Lands were about that time appointed to be sold which was the occasion therof yet Deans and Chapters Lands were not exposed to sale till some years after But it is certain that I had heard so in the Country and did accordingly upon this ground relate the same to Mr. Ashe who though he could have rectified my error in this particular forbore to do it because having as since appeared some covetous design on my Estate he thought whilst I continued in that Error I might be drawn to sell my Land a better penny worth then otherwise I should have done And that his thoughts were then projecting some such thing appears clearly by his after actings and discourse to me when being sent for by the House of Commons I was as I have mentioned formerly in my Remonstrance put into the little dark corner upon the left hand of the entring in of the outermost door of the House wherof I shall hereafter have occasion to speak more largely But whatsoever Mr. Ashes thoughts then were I who had then a thought on nothing more then the perfecting of my Composition having upon inquiry heard that all persons comprised within Articles who should repair unto the Cities of London and Westminster should within four daies after their coming repair to Guild-Hall London and there produce their Passes and according to their Articles engage themselves not to bear Armes against the Parliament or wilfully do any Act prejudiciall to their Affairs whilst they remained in their Quarters I did according to the said Order make such subscription and promise on the 17th of Iuly 1646. being within the time therin limited as appears by the said Order of Parliament which together with the said Certificate touching my subscription hereafter follow 2. July 1646. IN order to the safety of the Parliament and City It is ordered by the Commons in Parliament assembled that all such persons of what degree or quality soever comprised within the Articles of Oxon Exon and all other Garrisons that are already come to the Cities of London and Westminster and places within the lines of communication shall before Thursday next being the nineth day of this instant month of July repair to Guild-Hall London and shall there in the presence of any three of the Committee of the Militia of the City of London produce their Passes and shall according to their Articles engage themselves by promise not to bear Armes against the Parliament nor wilfully do any Act prejudiciall to their Affairs so long as they remain in their Quarters And that all persons of what degree or quality soever comprised within any of the said Articles as shall hereafter come within the said Cities and Lines of Communication shall within four dayes after their coming repair to Guild-Hall London and shall there likewise produce their Passes and make the like Engagement And the Committee of the Militia or any three of them are hereby authorized to receive the said Engagement and take the respective Subscriptions of the persons and for this purpose are to sit constantly three daies in the week viz. Mondaies Wednesdaies and Frydaies between the hours of three and seven in the afternoon And lastly it is ordered That such of the
with the Interest unto 10920 l. and that the overplus of our Compositions might be allowed unto him for the Losse and Damages which he pretended to have suffered by the War if the Parliament should so think fit and this accordingly was granted unto him by order of the House upon his Petition the 17th day of Iuly 1646. which was the day after he had been with me at my lodging which Petition and the Order therupon do follow in these words The humble Petition and desires of Iohn Ash a member of this House craving your assistance for satisfaction and repayment of such summs of money as he hath disbursed for your service and by Bond hath engaged to pay for you INprimis That when the Parliament first raised their Army he did then in the House publiquely engage to pay ten pounds per week for the maintenance of that Army which money he paid into the Treasury at Guild Hall for the space of twenty weeks and also two hundred Pounds more which he borrowed of his father 2. That he raised armed and for many weeks payd a Troop of horse a Company of Foot and a Company of Dragoons for the service of the West-Country before the Contributions or any way setled for the payment of Souldiers in those parts which were commanded by Captaine John Barnard Captain Nathaniel Barnard Captain Samuel Ash and payd for Powder Match and Bullet expended by them all which cost him above three thousand pounds 3. That at the same time he raised armed and payd Dragooneirs and Musqueteirs which he sent into Wiltshire for the assistance of Sir Edw. Hungerford and safty of that County which cost 200 l. 4. That he assisted Sir William Waller and Mr. Nathaniel Fines when they were in the West both with his purse and credit for very great summs and that there is still owing upon Mr. Fines accompt for money disbursed by him and others for which Collonel Nathaniel Fines and himself stand yet engaged for payment and is 2200 l. That upon the advance of the first 50000 l. sent into Scotland he lent and payd in at Gouldsmiths Hall 1100 l. and hath since engaged his bond for many thousands more there and although he hath been an Instrument for the raising of aboue 300000 l. at that Committee yet did never allow himself any part therof nor any consideration for the forbearance but have lent the same for neer three yeares time That when the Earle of Bedford came into the West he became bound with some others members of this House Mr. Denzill Hollis and Mr. Alexander Popham for the repayment of 2500 l. unto Sir John Horner Alderman Cuning Mr. Woodward and Mr. Young Citizens of Bristol all which monies is yet unpaid and he daily called upon for the payment therof which monies were borrowed then for your service All which loan Disbursments and Engagments amount unto 9400l principall money and the Consideration allowed for so much therof as was lent upon your Ordinances which promiseth that allowance makes the summe to be 10920 l. In Consideration of the Premises and because your many Ordinances and Declarations have assured the repayment of all those disbursments and engagments aforementioned out of the Estates and Compositions of Delinquents and many men have obtained the same Iustice from you already as also somewhat towards the repayre of their Losses and Damages sustained by the Enemy your Petitioner having lost the greatest part of his personall Estate and three whole years Revenew of his Lands by the Plunder and cruelty of the said Enemy May it therfore please you to order that the severall Fines and Compositions of Mr. John Coventry Sir Edward Moseley and Sir John Stawell Knight be allowed and assigned unto your Petitioner for the re-payment and satisfaction of those Disbursements and Engagements aforesaid amounting to 10920 l. And that if any overplus happen to be when the said Fines and Compositions are ascertained and the monyes secured the same be reported to this House and applyed towards the repayre of your Petitioners Losses and Damages or other wise disposed of as this House shall think fit and appoint Hen Scobell Clerk of the Parliament Die Veneris 17. Julij 1646. ORdered by the Commons assembled in Parliament That the severall Fines and Compositions of Sir Edward Mosely Sir John Stawell and Mr. John Coventry shall be allowed and are Assigned unto Mr. John Ash a member of this House for the satisfaction and discharge of the severall Disbursments and Ingagments for the service of the State and now presented unto the House amounting to the summ of 10920. and the moneys lent by himself and others for the Service of the State for which Mr. Holles Mr. Fines and Mr. Alex Popham together with Mr. Ash stand engaged shall be paid with the first and the Engagements Discharged And when the said Fines and Compositions shall be ascertained and the moneys secured if any overplus happen to be after all the said Disbursments and Ingagements be satisfied and discharged that then the same shall be reported to this House and if the House think fit applyed for and towards the repayre of Mr. Ashes Losses and Damages or otherwise disposed of as this House upon the said report shall order and appoint and the Treasurers of Goldsmiths-Hall are hereby ordered to pay the said monyes to Mr. John Ash accordingly whose acquittance shall be their sufficient discharge for the same Hen Scobel Cler Parliamenti NOw Mr. Ash having thus begged my Composition together with that of those other gentlemen which were set sometime before and amounted unto the summe of 8000 l. and being to receive the overplus that should arise upon the whole in respect of his pretended Losses being willing as it seemes to improue this grant of theirs unto the best advantage he could possibly make of it and therfore knowing that if I were admitted to my Composition upon the Articles of Exeter my fine was not to exceed 2. years value wch holding not a proportion with his covetous desires takes a resolution contrary unto his former professions of freindship towards me and duty to the Parliament who had intrusted him with making Compositions upon Articles to obstruct mine when I should tender it and being Chairman of the Committee at Goldsmiths-Hall cause me to be so represented to the Parliament that if I were returned by them to make a Composition with the said Committee I should be ordered to make it for some crime which he resolved to fasten on me as well as in relation to my Articles at two years value and if this project took not then to bring me to a tryall for my life either as a spy by martiall Law or otherwise for Acts by me done relating to the unhappy differences between the late King and the Parliament and for which by my Articles I was no wayes accountable that so upon the losse of my life and confiscation of my Estate upon which my
absence And the words of his report as they are expressed in Mr. Ashes testimony given to the High Court of Justice under his hand and is for so much as concerneth this point as followeth That I do not remember the precise words contained in that Paper which Sir John Stawell then presented to the Committee for his Petition but I do remember that the Committee did reject the said Paper telling Sir John Stawell that it was a Remonstrance not a Petition wherin he rejected the Parliaments mercy offered him in the Articles and did put a contempt upon the Authority of the Parliament That in short time after Mr. Stephens a Member of that Committee did report the same unto the House of Commons and in that Report informed the House that the opinion of that Committee was that Sir John Stawell had slighted and contemned the Authority of the present Parliament and forfeited their mercy contained in the Articles of Exeter Iohn Ash This is a true Copy Tracy Pauncefote Regist. So as it is most cleer that all my wrongs have had their rise from hence That Mr. Ash by a wilfull mistake interpreted my Petition to be admitted unto a Composition to be a Remonstrance contrary unto the sence and title of it And Mr. Stephens by his Instructions re-ported to the House that my desiring to be excused from the Negative Oath and Covenant according to my Articles which at that very time were approved by the House of Commons was a refusing of the Parliaments Mercy contained in those Articles a contempt of their Authority and a forfeiture of the benefit of the said Articles I have here given a true relation of what was acted in my Business until my first Commitment to Ely House by that Committee And therfore shall desire the Reader to observe how far from truth or probability those particulars are which Mr. Ash alledgeth to the contrary and doth premise as fully cleared in a large discourse which he pretends was written by him Videlicet That although I appeared at Goldsmiths Hall yet I never intended to compound and did often declare my resolution to the contrary That I did wholly depend upon the late Kings being restored to his power and upon this confidence neglected my Composition and refused the benefit of Exeter Articles That himself did never hinder my Composition but did with all reality and faithfulness endeavour to perswade me unto it yet I refused to follow his advice And that all those things I have mentioned in my Remonstrance touching him are meer fictions and never heard of till the Parliament had ordered I should be tryed at the High Court of Justice and that he should attend there as a witness against me For can it fall into the heart of any reasonable man to think that I who notwithstanding all his uncivill censures had by his own confession studiously endeavored to gaine the reputation of a stout and prudent man after a resolution taken not to compound but to depend upon the late Kings being restored unto his power for the re-gaining of my Estate and after the avowing of this Resolution to Mr. Ash would on the next day after not being forced unto it by any necessity because my tendring of a Composition was not limited as I have shewed before to four moneths time and without any ground or motive which might induce me unto the alteration of that design qnit the party for whom I professed so highly and engage my self by a Subscription not to act any thing which might be prejudiciall to the Parliament and within seven daies after would tender my Petition at Goldsmiths Hall to be admitted to a Composition for my Estate according to the Articles in a voluntary way Must not the levity and inconstancy of these Actions have made me necessarily forfeit that Reputation which Mr. Ash acknowledgeth I had with so much study laboured to acquire in all my Actions And what opinion soever was had of me can it be thought that Mr. Ash who conceives himself much injured if we imagine he should do any thing but what befits a wise judicious man would on the very next day after his conference with me have become a Suitor unto the Parliament to grant him my Composition towards the satisfaction of the Debts wherin he stood engaged and reparation of his losses by the War if I had then assured him that I intended not at all to make it wherby those Debts Disbursements and Ingagements must rest unsatisfied and he for his particular should loose 5000 l. as he affirmeth he hath done by my not compounding Is it not certain that he would by making such a suit have justly merited the censure of a wilfull madness wherewith he doth endeavour to asperse me by his Pamphlet which is an Errour whereof he doth desire the Reader to esteem hee is no way capable And therefore since I have demonstrated that all those things were really performed by both of us in pursuance of the discourse he had with me at that first visit he was pleased to make me the Reader must conclude if he conceive us to be reasonable men that all the goodly things which he pretends to be fully proved are meer Fables contrived by Mr. Ash himself who hath imployed the Height of Malice to invent them and an Excess of Impudence to publish them Whereas it is in Truth most evident that Mr. Ash having understood from me the resolution I had to compound for my Estate finding that I conceived the price of Lands were like to fal by reason of the sale of Dean Chapters Lands which I had in the Country heard were to be sold at ten yeares purchase Did thereupon put my name into his Petition and desired the Grant of my Composition together with that of those other Gentlemen whom I have formerly named for satisfaction of his Engagements and Losses And this being granted unto him by the Parliament he took a Resolution to put me off from the right of Composition for his greater benefit as I have formerly related and by wicked and foul practises expose me unto the eminent danger of loosing both my life and my Estate together For can it be imagined that Mr. Ash who had made me a visit and received one from me and had at both those times engaged himself to befreind me what he could in making my Composition who had acquainted me when the Committee sate and promised me his presence to that purpose would notwithstanding his Professions of freindship to me if he had intended to assist me in it as he pretends he did with all reality before I had appeared or presented my Petition to the Committee have spoken to my Disadvantage and given such a Character of me that the Committee were all of them inflamed against me before they saw me and after when I had admittance could any man have taken the Petition which I delivered into his hands the Copy wherof you
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 assâ—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
Law or stop the sale of their Estates That in all other cases where the Articles are confirmed by Parliament the said Commissioners have power not onely to stop the sale of their Estates but also to vacate the sale of them and award restitution in specie unto the party claiming relief upon the Articles according to the express words of the Act Especially considering the House rejected the said two Provisoes tendred to restain them in this particular Case and did thereby sufficiently declare their intentions to be that they should put that power in execution where they saw cause It being therefore evident that the Commissioners have in their proceedings and sentence given for me pursued the Trust and Power committed to them by the Parliament it must then follow of necessity That Mr. Lawrence by saying they are parties and not Iudges That their Orders and Certificates ought to have no Authority or credit that they mis-stated the Case and have not been indifferent or equal in their proceedings with other scandals therein mentioned hath been mis-guided by his passion and hath instead of a Reason published a false malicious and scandalous Libel against those Honorable and worthy persons who are Magistrates trusted and imployed in this and other weighty Affairs which are of great concernment to the publique whose just equal and indifferent proceedings he doth therein traduce seeking petulantly for his own private interest to weaken the authority of their proceedings by the defaming of their persons I pass over many of his Reasons wherein he doth alledge onely those things that were in issue and have been judged already in the High Court of Justice and the Court of Articles where I have proved them to be onely surmises and scandals cast upon me But I esteem my self obliged to give an answer unto the slanders which he himself hath first invented and now indeavors with great ingratitude to fix upon me by those Reasons Wherein he hath suggested That I received from his Father more for a Lease of what he purchased than the inheritance was worth That he was totally ignorant of my pretending to the benefit of Articles though he requested me to give him notice and directions That I have miserably and totally depopulated the whole parish of Cotheleston in Somerset and by force fraud and terror expelled them their Wives Children and Families to swim through their own tears to new plantations That to restore me would be to sacrifice unto my rage and revenge all the well-affected people of fifteen or sixteen great Mannors whom I would totally extirpate These charges are very high and heinous in themselves and therefore it would surely have been just and fitting this Gentleman should not have vented his spleen and malice in such a publique way against me without producing some proof of what he hath so confidently written But I intend not to return an Answer to him by a bare denial but I shall desire the Reader to observe how little cause there was for him to publish this false invective when he hath first perused the Certificate of two substantial grave and consciencious Gentlemen Uncles to Mr. Lawrence signed by them and intended to be presented to the Committee of Parliament but came a few days too late To the Honorable the Committee appointed by Order of Parliament in the case of Sir John Stawell We whose names are here under written Uncles to William Lawrence of Edenborough Esq and Brothers to his deceased Father having seen a printed paper Intituled Mr. Lawrences Petition together with Reasons thereunto annexed why the Petitioners Purchase ought not to be questioned by Sir Iohn Stawell do at the request of Sir John Stawell and in favor of truth thus humbly certifie your Honors THat our Father was Tenant and many years a Servant unto Sir Iohn Stawells Grand-father who throughout all his time was never other than a kind and loving Master unto him and did intrust him with the management of his Estate and Lands in Dorset where he lived and was a very great support unto him being a Father of many children and to whose Name and Posterity we cannot but pay all thankful acknowledgements We do also acknowledge That we are not a little troubled at those mis-representations which our Nephew Mr. Lawrence hath made in the before-mentioned Petition having known Sir Iohn Stawell that now is from a Child and how kind and friendly he hath been to our Name and kindred who are many of us his Tenants and have ever found him in an especial manner regardful of us And in particular I Robert Lawrence do testifie that I was intrusted with others in the managing of Sir Iohn Stawells Estate divers years during his minority by the power of his Grand-fathers Will and since was his Servant and Officer untill his Estate first fell under Sequestration And whereas it is by the Petition suggested That my Brother the Petitioners Father gave far more for an Estate by Lease unto Sir Iohn Stawell than the whole Inheritance is worth The Petitioner in those days was young and it seems not acquainted with the truth of things But I well remember that the Petitioners Father did purchase of one Dunning part of a Farm called Wraxal Farm being the Inheritance of Sir Iohn Stawell which the said Dunning held for certain years determinable upon his own life being then I beleeve about forty years of age for which he paid 300l And the same is now valued and esteemed to be worth threescore and ten pounds by the year above the Rent and did within few years after purchase of one Mr. Anthony Stawell a Farm called Rampisham Park adjoyning to the aforesaid Farm called Wraxal Farm wherein the said Anthony Stawell had then an Estate for ninety nine yeers determinable upon three lives which were then all living being the Inheritance also of the said Sir Iohn Stawell which Farm is esteemed to be worth by the year two hundred and twenty pounds at the least besides the rent for which he paid Thirteen hundred pounds and being so settled in the said two Farms after Sir Iohn Stawell came to the age of one and twenty years for he was in minority when these bargains were made the said Petitioners Father being married and having a Wife and Children became an earnest Suter unto the said Sir Iohn Stawel to exchange those Estates by which he held those two Farms and to settle them upon his own lives concerning which there were divers parlies between them and my self did indeavor to gain it for him and the Bargain was concluded that for Seven hundred pounds and surrendring the former Estates he should have both Farms granted unto him upon one Lease for Ninety nine years if three lives named by him should live so long which was performed accordingly whereas I beleeve he would have given Eight hundred pounds for it rather than he would have left it and by this Bargain the Lease then granted is enjoyed by
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 â—â—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
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 â—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