Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	grant_v	say_a	tenement_n	3,336	5	10.9769	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67889	The vindication of Sr. John Stawells remonstrance, against a scurrilous pamphlet written by Mr. John Ash; entituled An answer to divers scandalls mentioned in the humble remonstrance of Sr. John Stawell. As also an answer to a petition of William Lawrence of Edenburgh, Esq; whereunto certain reasons are annexed, directed to the honourable the referrees of his highness most honourable council. With a conclusion humbly offered unto his highnesse the Lord Protector. / Written by Sr. John Stawell. Wherunto are annexed, a letter of Sir Anthony Irbyes, and a short reply of Sr. David Watkins relating unto some parts of the said pamphlet.	Stawell, John, Sir, 1599-1662.; Irby, Anthony, Sir, d. 1682.; Watkins, David, Sir.	1655 (1655)	Wing S5352; ESTC R208228	86,641	91

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

committed to them by the Act of Parliament and that great care justice and integrity they have used in the pursuance of it The Act of Parliament by which the Court of Articles was constituted bears date the 18th of Iune 1649. wherein the Parliament takes notice of divers complaints touching the breach of Articles granted in time of War and taking into their consideration the faith of their Armies and Forces ingaged for performance of the same and how much it concerns themselves in Iustice and Honor that the same be made good and no violation thereof permitted Do Enact and Ordain by Authority of Parliament that the persons therein nominated should be constituted and appointed Commissioners for the ends and purposes expressed in that Act They are thereby authorized to hear and determine the complaints of all and every such person or persons as do or shall pretend to be sued molested or in any wayes damnified contrary to any Articles granted or made to or with any such person or persons in time of War which have been approved of by Parliament They are to determine whether the persons complaining were truly comprized in such Articles and also to judge and determine whether the parties so complaining have by their own default forfeited or lost the benefit of the said Articles Where there shall appear any right due to the party complaining by vertue of such Articles and yet denied and not duly performed or any violation thereof made against him or them they are in every such case authorized to award and give unto the party complaining relief and redress so far as in justice they ought to have by the said Articles by staying proceedings in Law or Equity discharging Judgements Executions or Decrees or by restitution in specie or in value of what hath been taken recovered or withheld but without charging any costs or further damages against the Commonwealth or against any person or persons against whom the Complaint is made And it is thereby further Enacted That upon all such Complaints in all such Cases the Certificates Orders and Awards of the said Commissioners or any nine or more of them being produced to any Court of Justice Committee Commissioner Magistrate Officer or other person or persons whatsoever before or with whom any Matter Question or Thing which such Complaint concerns doth or shall any wayes rest or depend respectively shall in every such Matter Question or Thing be binding and conclusive unto and obeyed and observed by all and every such Courts Committees Commissioners Magistrates Officers person and persons who are by vertue of the said Act enjoyned and required to take notice of and observe the same any Law Order or Ordinance to the contrary notwithstanding A Proviso is added in the bottome of the said Act That nothing therein contained should be construed to controle an Order or Ordinance of the Lords and Commons bearing date the 9. of December 1643. or any other Order or Ordinance of Parliament concerning the Town of Kings-Linne and the Articles agreed unto by the Earle of Manchester upon the rendring up of the said Town but that the said Order or Ordinance and all proceedings thereupon had should be as good and effectual in Law as if that Act had not been made any thing therein contained to the contrary in any wise notwithstanding This Act of Parliament being made to continue only until the 20. day of Iune 1650. and no longer ended by expiration After which upon the 29. of September 1652. another Act was made for renewing the said former Act for relief of persons upon Articles The Parliament therein takes notice that the said former Act is expired and yet many complaints concerning breach of Articles remain still undetermined And therefore by Authority of Parliament they do Enact That the said Act and every clause Article and sentence therein contained shall be in force from the 28. of Septem. 1652. till the 28. of September 1655. It is thereby further Enacted That the Commissioners therein nominated or any seven of them should be Authorised and appointed Commissioners to put in execution all the Powers expressed in the said former Act It is also further Enacted That the Commissioners therein nominated or any seven of them shall be thereby Authorised to give relief according to the powers mentioned in the said former Act to all such persons who were or should be arrested sued impleaded imprisoned or sequestred contrary to any Articles given or granted by any Commission-Officer not under the degree of a Captain intrusted upon the place as Commander in chief by Land or Sea in England Scotland or Ireland Unto this Act four Provisoes are added First That the persons clayming benefit of Articles have not forfeited the same by breach or non-performance of what was on their part to be done since the Articles were granted Secondly That such persons have not been ayding to the late King or Charles Stuart his Son in open Hostility or secret Counsels since the 30. of Ian. 1648. Thirdly That no person shall have benefit of the Act unless he shall put in his claim to such Articles before the Commissioners within the times therein limited viz. For Articles in England before the first of Feb. 1652. and in all other places before the first of Iuly 1653. And fourthly That where any Question shall arise before them upon Articles whereof relief is by that Act intended which have not been confirmed by Parliament The Commissioners shall resort unto the Parliament for their Resolutions touching the said Articles before they the Commissioners proceed therein further than to stay proceedings at Law against any person or persons concerned in such Articles or sale of their Estates Unto this Act before the passing of it two Provisoes were tendered The first on the 28. of Sept. 1652. to this effect Provided that this Act nor any thing therein contained should not extend nor be construed to extend to prejudice alter or make void any Resolutions Votes or Iudgements given in Parliament touching any the Articles aforesaid or any persons clayming thereby The other on the 29. of Septem. 1652. to this effect Provided that no real or personal estate which hath been setled conveyed or assured to any person or persons by vertue of any Act Ordinance or Order of this present Parliament shall be made null vacated or otherwise determined or disposed of by the Commissioners named in this Act or by their Authority but if they see cause of restitution by vertue of Articles subject to their Cognizance not in specie against the particular person or persons upon whom such estate or estates be setled conveyed or ass●red but in value by such other Lands or Revenue as the Parliament shall direct any thing in this Act or the former hereby revived to the contrary notwithstandiinng But these Provisoes which tended to the limitation of the benefit most honorably granted by the House to persons claiming benefit by