Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	say_a	sir_n	tenement_n	2,038	5	11.1572	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

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

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

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