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A75699 An answer to divers scandals mentioned in a certain pamphlet, entituled, The humble remonstrance of Sr. Iohn Stawell. Written by John Ashe Esquire, 1654. Ashe, John, Esquire. 1654 (1654) Wing A3944; Thomason E1072_2*; ESTC R208223 28,340 31

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Common-Law or if they have a Title to a Trust or Equity in Chancery whereof Purchasers have no notice they must lose it and be content with such recompence in value as the Law allows what an abomination would it be if two measures of justice should be kept a greater for the Enemy and a smaller for the Subject 16. The Case in point is resolved and practised to the subjects of Ireland yet have they as good Articles as those of Exceter as appears by the Act for setling Ireland dated 12 August 1652. in the tenth Article and last Proviso for it is expresly enacted That they may be transplanted from their own Estates to remote Estate of like value notwithstanding they have been adjudged comprised within Articles 17. Purchasers for the most part are undone and incapable of Indemnity Tenants having drowned and forfeited their Estates Widows Wives Orphants and Fatherless having yeilded up their portions and the estate passed from hand to hand to so many manner of conveyances uses trusts and crose Covenants as is impossible to reconcile or accommodate with any value whereas the estate of the Delinquent is only the interest of a single person who can alledge no reason why to avoid all these inconveniencies he should not accept an estate equal or better then his own in value But only that he scorns to take land on the Title either of Parliament or Army 18. Touching Honour it will reflect deeply on the Honour of the Parliament to retract their own Sales on the Honor of the Protector himself being so eminently named and made a party to the Act of Sale on the Honour of the army the people esteeming publick Sales to be the military Market and planting of the Sphear where by the Laws of Nations all ought to have security and protection in dealing and the rights of buying and selling to be observed inviolable And the Honour of God not to justifie Delinquents to destroy Innocents By all which it is hoped it will appear to all just and intelligent persons that to reverse publick Sales of Delinquents Lands made by Act of Parliament upon Articles or any cause preceding whereof Purchasers had no notice is contrary to wisdom Justice Honour and the Laws of God and man Reasons why the Purchasers of Sir John Stawels Estate desire the late Vote concerning the confirmation of the Purchases may be enacted 1. A Great noise of terrour is spread amongst the People by the proceeding of the Committee of Articles and men still remain fearful to bring in their money to the State unless satisfied with an Act. 2. The presumption of the Committee of Articles in those proceedings against the Resolution of the late Parliament was grounded meerly on this That the same was a Vote and not an Act. 3. In the Intervals of Parliaments on the same grounds men of impudent spirits will sleight a Vote not enacted 4. It is usual and equal for Sellers to do Acts of further assurance 5. The Purchasers are menaced and threatned they shall not hold quiet long what they have purchased 6. They shall not be able to sell off their Purchases to others but with great loss 7. An Act leaves Purchasers in no other condition as against the State then they were before but onely is to secure them against Sir Iohn Stawel 8. Many Acts of Parliament have been confirmed again by Parliament though sufficiently valid before and particularly Magna Charta though unquestionable in it self hath been confirmed above thirty several times Thursday the thirteenth of October 1653. An Act for confirmation of the Sale of the Lands and Estate of Sir John Stawell Knight of the Bath BE it Enacted and declared by Authority of Parliament That all Sales made of any Estate Lands Tenements Hereditaments Goods or Chattels of Sir Iohn Stawell Knight of the Bath by vertue or appointment of any Act or Acts of Parliament are hereby confirmed and established And accordingly all purchasers and buyers of the same shall and may have hold and quietly enjoy the same to them their Heirs and Assignes according to their respective interest and estates purchased or bought and according to the Rules Conditions and Limitations prescribed in the said Acts any Law or Judgement to the contrary notwithstanding Hen. Scobell Clerk Parl. FINIS