die jovis, 8. julii, 1646. ordered by the commons assembled in parliament, that all such persons as have presented their petitions at goldsmiths-hall, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a83780 of text r212299 in the english short title catalog (thomason 669.f.9[64]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 1 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83780 wing e2660 thomason 669.f.9[64] estc r212299 99870937 99870937 161162 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83780) transcribed from: (early english books online ; image set 161162) images scanned from microfilm: (thomason tracts ; 245:669f9[64]) die jovis, 8. julii, 1646. ordered by the commons assembled in parliament, that all such persons as have presented their petitions at goldsmiths-hall, ... england and wales. parliament. house of commons. 1 sheet ([1] p.) s.n., [london : 1646] title from heading and first lines of text. signed: h. elsynge cler. parl. d. com. imprint from wing. an order of the commons fixing 1 august as the limit of time within which persons may "present their petitions at goldsmiths hall, or agree to their compositions." reproduction of the original in the british library. eng england and wales. -parliament. -committee for compounding with delinquents -early works to 1800. estates (law) -england -early works to 1800. attachment and garnishment -england -early works to 1800. great britain -history -civil war, 1642-1649 -confiscations and contributions -early works to 1800. a83780 r212299 (thomason 669.f.9[64]). civilwar no die jovis, 8. julii, 1646. ordered by the commons assembled in parliament, that all such persons as have presented their petitions at goldsm england and wales. parliament. 1646 115 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2008-01 emma (leeson) huber sampled and proofread 2008-01 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die jovis , 8. julii , 1646. ordered by the commons assembled in parliament , that all such persons as have presented their petitions at goldsmiths-hall , or agreed to their compositions , and shall not come in before the the first of august next , and prosecute their compositions to effect , shall lose the whole benefit of the favour intended by their compositions , and bee reputed among those that still stand out , and have not rendred themselves to the parliament . this to bee forthwith printed and published : and that the care hereof bee referred to the committee at goldsmiths-hall . h. elsynge cler. parl. d. com. a vote of the parliament touching delinquents. die martis, 26 martii, 1650. england and wales. parliament. this text is an enriched version of the tcp digital transcription a83580 of text r211373 in the english short title catalog (thomason 669.f.15[24]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83580 wing e2434 thomason 669.f.15[24] estc r211373 99870101 99870101 163099 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83580) transcribed from: (early english books online ; image set 163099) images scanned from microfilm: (thomason tracts ; 246:669f15[24]) a vote of the parliament touching delinquents. die martis, 26 martii, 1650. england and wales. parliament. 1 sheet ([1] p.) printed by edward husband and john field, printers to the parliament of england, london : 1650. order to print signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng estates (law) -england -early works to 1800. great britain -politics and government -1649-1660 -early works to 1800. a83580 r211373 (thomason 669.f.15[24]). civilwar no a vote of the parliament touching delinquents. die martis, 26 martii, 1650. england and wales. parliament. 1650 236 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 emma (leeson) huber sampled and proofread 2007-12 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag (1649-1651) a vote of the parliament touching delinquents . die martis , 26 martii , 1650. resolved by the parliament , that power be given to the councel of state to remove from london and westminster , and from any place within twenty miles of the same , every such person or persons whose abode there shall to them appear prejudicial or dangerous to the safety of the parliament , or peace of this commonwealth : and every such person and persons so ordered by the councel of state to remove , are enjoyned to conform thereunto accordingly , upon all and every the penalties expressed in the late act , entituled , an act for removing all papists , &c. from london and westminster . die martis , 9o aprilis , 1650. ordered by the parliament , that the vote of the parliament of the 26th of march , 1650. ( giving power to the councel of state to remove from london and westminster , and any place within twenty miles of the same , all such persons whose abode there shall to them appear prejudicial or dangerous to the safety of the parliament , or peace of the commonwealth ) be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , 1650. to the parliament of the common-wealth of england, scotland, and ireland the humble petition of sir iohn stawell. stawell, john, sir, 1599-1662. this text is an enriched version of the tcp digital transcription a93837 of text r212138 in the english short title catalog (thomason 669.f.19[51]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a93837 wing s5350 thomason 669.f.19[51] estc r212138 99870784 99870784 163388 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a93837) transcribed from: (early english books online ; image set 163388) images scanned from microfilm: (thomason tracts ; 246:669f19[51]) to the parliament of the common-wealth of england, scotland, and ireland the humble petition of sir iohn stawell. stawell, john, sir, 1599-1662. 1 sheet ([1] p.) s.n., [london : 1654] imprint from wing. annotation on thomason copy: "decemb: 1654". reproduction of the original in the british library. eng stawell, john, -sir, 1599-1662 -estate -early works to 1800. estates (law) -england -early works to 1800. a93837 r212138 (thomason 669.f.19[51]). civilwar no to the parliament of the common-wealth of england, scotland, and ireland; the humble petition of sir iohn stawell stawell, john, sir 1654 311 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-07 robyn anspach sampled and proofread 2007-07 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the parliament of the common-wealth of england , scotland , and ireland ; the humble petition of sir iohn stawell sheweth , that your petitioner hath met of late with severall papers , which have , at the parliament dore , been preferred unto you ; the one intituled reasons for the establishment of publike sales : the other a petition of william lawrence of edenburgh esq ; with reasons thereunto annexed , why the petitioners purchase ought not to be questioned by sir john stawell : there being but little of truth contained in either of them ; he humbly conceives their principall ends are but to dishonour two great , and honourable courts , who have done your petitioner justice : the one as unto his life , the other as unto his estate : to retard the proceedings of the committee , to whom you have been pleased to referr his late petition ; and utterly to extinguish those hopes , he for the present conceives , of being restored to your favour , and a right understanding , after his very great losses , and long sufferings . wherefore your petitioner most humbly prayes , that since he hath made his humble addresses unto you , without reflections upon persons , or cause given to irritate those passions which appears in the expressions in those papers ; you will be pleased to permit the proof of his petition , according to the rule prescribed by the committee , and receive hereafter , as there shall be cause , such a further manifestation of his wrong , as may give some light to works of darkness , answer those objections now made , and give further satisfaction , as your honours shall please to require , and your petitioner shall ever pray , &c. john stawell . a declaration of the lords in parliament assembled concerning the committee sitting at goldsmiths hall for composition of delinquents estates. die lunæ 1 februarii 1646. england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a83887 of text r206848 in the english short title catalog (thomason 669.f.9[77]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83887 wing e2796 thomason 669.f.9[77] estc r206848 99865949 99865949 161175 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83887) transcribed from: (early english books online ; image set 161175) images scanned from microfilm: (thomason tracts ; 245:669f9[77]) a declaration of the lords in parliament assembled concerning the committee sitting at goldsmiths hall for composition of delinquents estates. die lunæ 1 februarii 1646. england and wales. parliament. house of lords. 1 sheet ([1] p.) printed for john wright at the kings head in the old bayley, london : 1646. [i.e. 1647] order to print signed: joh. brown cler. parliamentorum. declares the committee to be without authority. withdrawn on 8 feb. due to objections from the house of commons. reproduction of the original in the british library. eng england and wales. -parliament. -committee for sequestration of delinquents' estates -early works to 1800. attachment and garnishment -england -early works to 1800. estates (law) -england -early works to 1800. great britain -history -civil war, 1642-1649 -confiscations and contributions -early works to 1800. a83887 r206848 (thomason 669.f.9[77]). civilwar no a declaration of the lords in parliament assembled: concerning the committee sitting at goldsmiths hall for composition of delinquents estat england and wales. parliament. 1646 285 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-11 aptara keyed and coded from proquest page images 2007-12 elspeth healey sampled and proofread 2007-12 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion ❧ a declaration of the lords in parliament assembled : concerning the committee sitting at goldsmiths hall for composition of delinquents estates . die lunae 1 februarii 1646. whereas divers delinquents have formerly , and still doe addresse themselves unto some persons sitting at goldsmiths hall , and there have and doe dayly enter into agreements for the taking off such sequestrations as are duly laid upon them by ordinance of parliament . the lords in parliament doe declare , that all such compositions made by those persons sitting at goldsmiths hall with such as are under delinquency , are not authorized by any ordinance of parliament ; and that the committees for sequestrations within the severall counties of england and dominion of wales ought not to obey any order from those persons sitting at goldsmiths hall for the taking off or suspending any sequestrations upon the pretence of the delinquents having made his composition with them , untill such time as a committee , or commissioners to that purpose be setled by ordinance of parliament ; and the composition made with such committee or commissioners be likewise ratified by ordinance of parliament . ordered by the lords assembled in parliament , that this declaration shall be printed and published ; and that the sheriffes or their vnder-sheriffes shall take care to carry downe the said declarations , and that they be delivered unto the severall committees for sequestrations within the counties of the kingdome of england and dominion of wales , who are to take notice of the said declaration accordingly . joh. brown cler. parliamentorum . london printed for john wright at the kings head in the old bayley . 1646. to the supream authority of this nation, the parliament of the common-wealth of england. the humble petition of charles earle of derby derby, charles stanley, earl of, 1628-1672. this text is an enriched version of the tcp digital transcription a81325 of text r231391 in the english short title catalog (wing d1090ba). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a81325 wing d1090ba estc r231391 99897286 99897286 137007 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a81325) transcribed from: (early english books online ; image set 137007) images scanned from microfilm: (early english books, 1641-1700 ; 2480:21) to the supream authority of this nation, the parliament of the common-wealth of england. the humble petition of charles earle of derby derby, charles stanley, earl of, 1628-1672. 1 sheet ([1] p.) s.n., [london : 1651] imprint from wing (cd-rom edition). reproduction of original in the folger shakespeare library. eng derby, james stanley, -earl of, 1607-1651 -early works to 1800. estates (law) -england -cases -early works to 1800. broadsides -england a81325 r231391 (wing d1090ba). civilwar no to the supream authority of this nation, the parliament of the common-wealth of england. the humble petition of charles earle of derby. derby, charles stanley, earl of 1651 424 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 mona logarbo sampled and proofread 2007-11 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the supream authority of this nation , the parliament of the common-wealth of england . the humble petition of charles earle of derby . sheweth , that by conveyances heretofore made in the life of your petitioners grandfather , william earle of derby , all his mannors and lands in the counties of lancaster , chester , flint , yorkshire , westmerland and cumberland , and in divers other places in england and wales , and the isle of man , were limited to james late earle of derby , your petitioners father , for his life only , with remainder to the first son of the said james , ( which is your petitioner , ) and the heires males of his body , with other remainder over . that the estate of the said james earle of derby , being according to the late act of the 16. of iuly last , appointed to be sold , your petitioner hath preferred his petition to the committee by that act appointed , & therein set forth his title to the premisses . but most of the deeds concerning the said estate were imbezeled or burnt upon the taking of latham-house , in one part whereof the evidences belonging to his family were usually kept , and if any do remain , they are now in the isle of man , so that your petitioner cannot produce them timely enough , to have allowance of his estate according to the saving of that act , and the order for further time . he further sheweth , that there was a composition formerly set in goldsmiths-hall , for the said estate for his fathers former delinquency , and humbly hopes his death will be accepted as an expiation for his later delinquency . your petitioner therefore , ( who never acted or consented to any thing prejudicial to the parliament or common-wealth of england , nor ever will act , or consent to act any thing prejudicial to the same , ) most humbly casts himself upon your clemency , and humbly prays that you would be pleased to admit your petitioner to have the said estate upon such composition as you shall in clemency and compassion to him thinkfit . and to appoint and direct a stay of the sale of the said estate , or any further proceedings therein , until you shall be pleased further to determine therein . and your petitioner ( as in duty bound ) shall pray . 8. septembr. 1645. an ordinance of the lords and commons assembled in parliament, for taking away the fifth part of delinquent estates formerly granted by an ordinance of parliament for maintaining of the vvives and children of delinquents. england and wales. parliament. this text is an enriched version of the tcp digital transcription a83141 of text r212254 in the english short title catalog (thomason 669.f.9[44]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83141 wing e1931 thomason 669.f.9[44] estc r212254 99870895 99870895 161142 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83141) transcribed from: (early english books online ; image set 161142) images scanned from microfilm: (thomason tracts ; 245:669f9[44]) 8. septembr. 1645. an ordinance of the lords and commons assembled in parliament, for taking away the fifth part of delinquent estates formerly granted by an ordinance of parliament for maintaining of the vvives and children of delinquents. england and wales. parliament. 1 sheet ([1] p.) printed for edward husband, printer to the honorable house of commons, london : septemb. 11. 1645. signed: h:elsynge, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -parliament. -committee for sequestration of delinquents' estates -early works to 1800. estates (law) -england -early works to 1800. attachment and garnishment -england -early works to 1800. great britain -history -civil war, 1642-1649 -confiscations and contributions -early works to 1800. a83141 r212254 (thomason 669.f.9[44]). civilwar no 8. septembr. 1645. an ordinance of the lords and commons assembled in parliament, for taking away the fifth part of delinquent estates, form england and wales. parliament. 1645 402 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 emma (leeson) huber sampled and proofread 2007-11 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion 8. septembr . 1645. an ordinance of the lords and commons assembled in parliament , for taking away the fifth part of delinquents estates , formerly granted by an ordinance of parliament for maintaining of the vvives and children of delinquents . whereas by a late ordinance of sequestration it is amongst other things declared and ordained , that the committees of the severall counties shall have power to assign maintenance out of the lands of delinquents , to their severall wives and children , so as the same exceed not the fifth part of the lands or goods so sequestred : and whereas by occasion hereof , divers wives and children of delinquents may resort hither , onely to obtain the said fifth part , and may be ready to do ill offices to the parliament ; the lords and commons , to prevent the said mischief , and other of like nature , do ordain , that no wife , childe or children of any delinquent , who shall come from their own habitation into the parliament quarters , with or without their fathers or husbands , from the kings quarters , shall have , hold and injoy any fifth part by the said ordinance : and therefore they do ordain , that all such allowances hereafter to be made to such wife or children , shall be utterly void . and if any such wife , childe or children shall return from the kings quarters , without leave of both houses : the deputy-lieutenants and committees of parliament in the severall counties , or any two of them , or any of them , are hereby authorised and required to take care , that they be commanded to return back into the kings quarters ; and if they shall not return , upon command given to them by the deputy-lieutenants or committee , or any two of them , they shall hereby have power to commit them , untill they shall give security for to return . and be it further ordained , that no children of any delinquents shall have any fifth part , but such as shall be educated and brought up in the protestant religion . h : elsynge , cler. parl. d. com. london : printed for edward husband , printer to the honorable house of commons . septemb. 11. 1645. from the committee of sequestrations, sitting at cambden house in mayden lane, london it is desired by the committee for sequestrations of the estates of papists and delinquents within the jurisdiction of the lord maior, that for the ease of those who have liberally contributed to the parliament, ... england and wales. parliament. committee for sequestration of delinquents' estates. this text is an enriched version of the tcp digital transcription a83703 of text r211979 in the english short title catalog (thomason 669.f.7[40]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83703 wing e2578 thomason 669.f.7[40] estc r211979 99870642 99870642 161022 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83703) transcribed from: (early english books online ; image set 161022) images scanned from microfilm: (thomason tracts ; 245:669f7[40]) from the committee of sequestrations, sitting at cambden house in mayden lane, london it is desired by the committee for sequestrations of the estates of papists and delinquents within the jurisdiction of the lord maior, that for the ease of those who have liberally contributed to the parliament, ... england and wales. parliament. committee for sequestration of delinquents' estates. penington, isaac, sir, 1616-1679. 1 sheet ([1] p.) s.n., [london : 1643] title from caption and first lines of text. imprint from wing. an order from the committee for sequestration of delinquents' estates, requiring ministers to give public notice of the ordinances for the sequestration of the estates of all papists. dated at end: dated at cambden house aforesaid, the 28 of septemb. 1643. hen. linch, clerk to the said committee. signed at end: let this be read and published, as is desired. isaac pennington, maior. reproduction of the original in the british library. eng england and wales. -parliament. -committee for sequestration of delinquents' estates -early works to 1800. attachment and garnishment -england -early works to 1800. estates (law) -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a83703 r211979 (thomason 669.f.7[40]). civilwar no from the committee of sequestrations, sitting at cambden house in mayden lane, london. it is desired by the committee for sequestrations of england and wales. parliament. 1643 348 1 0 0 0 0 0 29 c the rate of 29 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-11 tcp assigned for keying and markup 2007-11 apex covantage keyed and coded from proquest page images 2007-12 john pas sampled and proofread 2007-12 john pas text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion from the committee of sequestrations , sitting at cambden house in mayden lane , london . it is desired by the committee for sequestrations of the estates of papists and delinquents within the jurisdiction of the lord maior , that for the ease of those who have already liberally contributed to the parliament , and for the better putting in execution the ordinances for sequestrations , the ministers and lecturers of each parish do the next lords day ( being the first of october ) give publike notice in each parish church , that the rents and estates of all papists are to be sequestred by the said ordinances , and of all such who have voluntarily contributed any ayd or assistance to the forces raised against the parliament , or have gone , or shall go to any of the kings armies , or other forces raised without consent of both houses of parliament , and have there continued , and shall not , within ten dayes after sequestration of their estates , shew sufficient cause to the said committee of their absence ; and of all such as shall fraudulently imbezzle , conceale , or convey away any part of their estate , without valuable consideration , thereby preventing the payment of any taxes or assessements laid upon them by any ordinances of both houses of parliament ; or that , after any such tax laid on them , convey themselves away , whereby such tax cannot be executed on them , or on their estates , according to the said ordinances : and that for the discovery of such estates so imbezzeled and concealed , belonging to such papists and delinquents as aforesaid , the said ordinance alloweth twelve pence in the pound , to be paid to every person so making discovery to the said committee . dated at cambden house aforesaid , the 28 of septemb. 1643. hen. linch , clerk to the said committee . let this be read and published , as is desired ▪ isaac pennington , maior . richard pearle gent. plaintiff sir william powel alias hinson baronet, dame mary his wife, & al. defendants. pearle, richard. 1665 approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a56798 wing p968aa estc r217884 99829527 99829527 33967 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a56798) transcribed from: (early english books online ; image set 33967) images scanned from microfilm: (early english books, 1641-1700 ; 1995:24) richard pearle gent. plaintiff sir william powel alias hinson baronet, dame mary his wife, & al. defendants. pearle, richard. 1 sheet ([1] p.) s.n., [london : 1665] imprint from wing. cropped at head. reproduction of the original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng powell, william -early works to 1800. stirling, mary vanlore alexander, -countess of, d. ca. 1660 -early works to 1800. pearle, richard -early works to 1800. estates (law) -england -cases -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion richard pearle gent. plaintiff ; sir william powel alias hinson baronet , dame mary his wife , & al. defendants . answers to the objections that may be probably made , against the admitting the plaintiffs bill in parliament . ob. 1. the plaintiff if he had any good title , would have sought for remedy long since , it being above 9 years since the ideot john pearle , his elder brother , died . res . 1. sir john bridges , under whom the defendants claim , had by his deserting the king , and complying with the late usurped powers , made himself so powerfull an interest in herefordshire , and elsewhere , that the plaintiff had enough to do to preserve his person , having alwayes adhered to the kings interest , much less to contest then with so powerfull a man , yet hath alwayes made his claim . 2. since his majesties happy restauration , the plaintiff richard pearle hath alwayes endeavoured the finding out the records of the ideory , which he was still in hopes to do , the clerk of the lunatick office , and some of the defendants , having often confessed the having them in their custody ; but he believes did and doth conceal them , in hopes of a composition , which hath been often offered to the plaintiff . ob. 2. sir john bridges paid a valuable consideration for the estate . res . 1. he gave but 40 l. per annum to the ideot during his life , who had the sole estate in him : and what he gave to others , was in his own wrong , and for the furthering his design . 2. the estate is really worth 420 l. per annum ; the grandfather had no other estate , yet was prick'd for sheriff of the county . ob. 3. the defendants have gotten a common recovery , and though from an ideot , ( yet being one of the common assurances of the nation ) ought not to be avoided . res . fines and recoveries obtained by design , fraud , force , covin , and deceit , are not reckoned the common assurances of the nation , and therefore not favoured by the common law. vide fermors case at large , co. 3 rep. so . 77. where it is adjudged by six justices , litt. cap. remitter 151. quod alias bonum & justumest , si per vim vel fraudem petatur malum & injustum est . and there is a late case in point between leveston and powel in both houses , where a fine was damned because it was obtained by force , fraud , and covin . this case is accompanied with more deceit , &c. than the case cited , or any of the cases cited in our books : for , 1. sir john to get the ideot into his custody , petitions his majesties attorney in the year 44. for a commission de ideota inquirendo ; and doth not inform him , that the ideot was and ought to be a ward ; so to carry on his design , he first begins to deceive his majesty . 2. francis rinardes , tho. tomkins esquires , & al. petition his majesties attorney , informing him of his ward , and thereupon obtain a supersedeas to the said commission , and a new commission de diem clausit extremum , for finding the kings ward ; both which the said sir john bridges did suppress in the executing thereof , and by force did take them away , and executed his own commission , and did find the said john an ideot in due form of law. 3. so by colour of having the custody of the ideot , did by force take possession of his estate , in right of the ideot as he then pretended ; and having gotten the possession , he complies with the parliament , and then falsifies the trust committed to him in the preservation of the ideot . vide stat. praerogativae regis . ita quod nullatenus per eosdem fatuos alienentur , nec quod corum haeredes exhaeredentur . 4. for having by such force , covin , fraud , and deceit , gotten the ideot into his sole possession , procures him to suffer a recovery ; and that by attorney , and makes his menial servants his commissioners . so that where design , force , fraud , and covin , are the supporters of an assurance , be it fine , common recovery , or otherwise , the law will not call it one of the common assurances of the nation . vide the preamble of the statute of 4 hen. 7. cap. 24.41 . ass . pla. 28.44 . e. 3.25.12 . eliz. 295. dier . ob. 4. there hath been several other fines and assurances passed of the estate , since that recovery . res . 1. those that claim under an estate got by covin , shall be in the same plight as those that got the estate by covin . 39 e. 3. br. remitter 47. littlet . 678. 2. and if any be , 't is by one of the defendants to the other , who are parties or privies to the first recovery . the case of the lord jeffreys, and the lady charlotte, his wife, sole daughter and heir of philip earl of pembroke, deceased, in relation to a bill entituled, an act to set aside several amendments and alterations made in the records and writs of a fine and two recoveries in the grand sessions, held for the county of glamorgan. jeffreys of wem, john jeffreys, baron, 1673-1702. 1693 approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a78257 wing c1105a estc r227812 99896978 99896978 136234 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78257) transcribed from: (early english books online ; image set 136234) images scanned from microfilm: (early english books, 1641-1700 ; 2455:12) the case of the lord jeffreys, and the lady charlotte, his wife, sole daughter and heir of philip earl of pembroke, deceased, in relation to a bill entituled, an act to set aside several amendments and alterations made in the records and writs of a fine and two recoveries in the grand sessions, held for the county of glamorgan. jeffreys of wem, john jeffreys, baron, 1673-1702. 1 sheet ([1] p.) s.n., [london? : 1693] imprint from wing cd-rom, 1996. publication date according to lady day dating. docket title reads: the case of the lord jeffreys. to be heard at the bar of the house of lords on friday the 17th of february, 1692. reproduction of original in the folger shakespeare library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng jeffreys of wem, charlotte jeffreys, -baroness, 1674 or 51733 -early works to 1800. jeffreys of wem, john jeffreys, -baron, 1673-1702 -early works to 1800. estates (law) -england -early works to 1800. inheritance and succession -england -early works to 1800. land tenure -england -early works to 1800. 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the case of the lord jeffreys , and the lady charlotte , his wife , sole daughter and heir of philip , earl of pembroke deceased , in relation to a bill entituled , an act to set aside several amendments and alterations made in the records and writs of a fine and two recoveries in the grand sessions , held for the county of glamorgan . philip late earl of pembroke , being seized in tail male , with remainder over to the present earl , of several mannors and lands in the county of glamorgan , in consideration of a marriage to be had between him and henriette querovalle , and of 10000 l. portion , did by articles of that date , covenant with robert earl of sunderland , and sidney lord godolphin , to settle on her 1300 l. per annum , during her life , out of those mannors , in lieu of a joynture ; and entred into a statute of 20000 l. penalty to make good those articles . the marriage took effect , and the portion was paid ; and the late earl , to enable himself to make such settlement , employs mr. rider and mr. negus , his own servants , to get a fine and recovery , levied and suffered at the grand sessions held in glamorgan-shire in april 1675. and accordingly commissions of dedimus potestatem were taken out , and directed to mr , herbert salladine , mr. francis negus , and others , as commissioners to take the earls acknowledgment of the fine , and warrant of attorney for the recovery ; which were by salladine and negus duly executed and return'd . that mr. rider coming to the grand sessions was informed , that there were several freehold leases on several parts of the estate , and that the recovery would not bar the entail of those lands , unless such freehold leases were first surrendred ; and therefore mr. rider agrees with the compounder for the king's silver , to pass the fine and recovery at that time for 140 l. composition money ; which was also to be a satisfaction for a second fine and recovery , if any were esteemed necessary , for the tenements contained in such freehold leases : and in april 1675. a fine and recovery of the estate passed , and a chirograph of the fine , and an exemplification of the recovery were brought to sir john king , in order to have the settlement drawn by him ; and by his direction and advice the freehold leases were surrendred , and a fine and a 2 d. recovery duly suffered of those lands , at the grand sessions held in august after . and thereupon a chirograph of that fine , and an exemplification of that recovery were brought also and delivered to the said sir john king. that thereupon the earl by indenture , dat . 10. sep. 1675 , reciting both fines and recoveries to be duly levied and suffer'd , declar'd the uses thereof to himself and his heirs . and in pursuance of the said articles , and subsequent agreement secur'd to his countess a jointure of 1500 l. per annum , out of the said mannors and lands , of which the said fines and recoveries had pass'd . and upon the execution of the said fines and recoveries , and the said conveyances , the trustees of the countess delivered up the stat. of 20000 l. to the earl to be cancell'd . that in aug. 1685. earl philip dyed without issue male , leaving only one daughter , viz. the lady charlotte now wife of the lord jeffreys ; to whom all the said mannors and premisses , of which the said fine and recovery were suffer'd , descended ; and by whom after the earl's death , the premisses were enjoy'd , subject to the said jointure of the countess of pembroke . that the records and writs relating to the fines and recoveries are so carelesly kept in the county of glamorgan ; that many of them are torn , defac'd , rotten , lost , or otherwise embezzelled , by the neglect and default of the officers in the courts there . in hil. ter. 1687. tho. earl of pembroke , now lord privy seal ; hoping to take advantage of the misprision of the clerks in entring the said fines and recoveries , or of their negligence in keeping them , brought three several writs of error to reverse the first fine and both recoveries , which were return'd accordingly . that upon this occasion the countess being advised ; that the mistakes in the said fines and recoveries were amendable , and that upon a writ of error brought the court usually ordered amendments to be made , did , by the advice of her council , move the justices of the grand sessions of wales ; that the mistakes in the said fines and recoveries might be amended , and the several writs and parts of records , that were rotten , eaten by vermin or desac'd , might , as usually in like cases , be supply'd upon the testimony of living witnesses , who were concern'd in the said fine and recoveries . that upon this motion , the usual rule was made for amending and supplying the said writs , unless the earls council should at a time appointed show cause to the contrary . that upon hearing of council on both sides , and upon fight of many precedents of the like amendments in westminster-hall , and upon the opinion of many eminent council , and the oaths of several living witnesses , that commissions had issued , and were returned for the earls acknowledging the fine and recoveries , and that the usual writs and proceedings had been made in prosecuting and perfecting them , and that the records were kept in a confused manner , and in such places , that they were rotten , defac'd , or lost : and that whatever writ , or part of records was wanting , was rotten or eaten by vermin ; such of the defects , as were usually amendable , were by rule of court amended , or supplyed . since which proceedings the amended records are removed into the king's bench by certiorari , and by the rules of law the errors cannot be further proceeded in until the lady charlotte comes of age. the present earl hath now brought a bill in parliament , to set aside all these amendments by the legislative power , and to disenherit the heir at law. now forasmuch as these mistakes occasioned by the misprision or negligence of the clerk in making or keeping records have usually been amended and supplied . and forasmuch as many good laws have been made for the encouragement of amendments in the reigns of several of their majesties predecessors , which do yet stand in force . and forasmuch as a common recovery is favoured in law , more than any judgment or proceedings in any other real action : as being a common assurance made by the mutual consent of parties , and upon which most of the settlements in england , and the titles of purchasers do depend , and therefore hath been , and is usually amended and supported . and forasmuch as this precedent will be of fatal consequence to most of the estates in england , and more especially in wales , if the neglect , or misprision , or indirect acts of the clerks shall set aside all titles and settlements , contrary to the plain words of the deeds , and the testimony of many witnesses yet alive , and the known consent and meaning of the parties , without any relief , or amendment of those mistakes : and the rather since it cannot be denied , that the records in that county are kept in such place and manner , that there are no whole and entire proceedings in any fine or recovery , suffered and levied in the county of twenty years standing . it is therefore humbly pray'd , that this bill may not pass into an act. notes, typically marginal, from the original text notes for div a78257-e10 17 dec. 1647. the heads of the judges arguments for the deceased duke of norfolk, in the case between him and his brother mr. charles howard, with some observations on the lord chancellor nottingham's arguments. england and wales. court of chancery. 1685 approx. 11 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-03 (eebo-tcp phase 1). a43190 wing h1296 estc r218624 99830201 99830201 34651 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43190) transcribed from: (early english books online ; image set 34651) images scanned from microfilm: (early english books, 1641-1700 ; 1778:27) the heads of the judges arguments for the deceased duke of norfolk, in the case between him and his brother mr. charles howard, with some observations on the lord chancellor nottingham's arguments. england and wales. court of chancery. nottingham, heneage finch, earl of, 1621-1682. howard, charles, d. 1713. norfolk, henry howard, duke of, 1628-1684. 1 sheet ([1] p.) s.n., [london : 1685] imprint from wing. reproduction of the original at the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng future interests -england -early works to 1800. remainders (estates) -england -early works to 1800. law -england -early works to 1800. estates (law) -england -cases -early works to 1800. 2004-09 tcp assigned for keying and markup 2004-09 aptara keyed and coded from proquest page images 2004-10 judith siefring sampled and proofread 2004-10 judith siefring text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion the heads of the judges arguments for the deceased duke of norfolk , in the case between him and his brother mr. charles howard , with some observations on the lord chancellor nottingham's arguments . the judges all agreed that the limitation to charles howard was a void limitation of the trust ; and that the bill ought to be dismissed , grounding their opinions on the following reasons . 1. all the trust of the whole term was vested in henry by the limitation of it to him and the heirs males of his body , which in law is a disposition of the whole interest : such a trust being indeed greater in its nature , than a term of years is capable of , in regard it cannot go to heirs males , but therefore hath been often resolved to contain the whole interest . and where a term for years is under such a limitation that will admit no remainder , there can be no contingent remainder limited of such a term ; and to make that limitation which could not be effectual by the rules of law , as a remainder to take effect by calling it a springing use , is but a quibble too light to have the countenance of the law. 2. it 's contrary to the rules of law , to limit an interest either in law or equity of a term , to take effect after any ones dying without issue of his body , and of a dangerous consequence ; for it would tend to make perpetuities and fetter estates : inasmuch as it is allowed of all hands , that if there can be such a limitation by law , allowed after a dying without issue male , there is no possibility of docking or destroying the interests that are under such limitations ; so that such estates can never be sold or parted with , no recoveries reaching them , nor no method in the law nor possibility to do it , which would make estates stagnate in a family , and discourage all ingenuity and industry , which the law perfectly abhors — and this the lord chancellor allows in his arguments in this case in his third conclusion . and it mends not the matter , to say that this is under a limitation of thomas his dying without issue in the life of henry ; for 3. this is a stretch farther than ever before was endeavoured , the judges have gone as far as is fit in indulging mens dispositions of terms to take effects by limitations after lives — if this limitation should be admitted ( if thomas dye without issue in the life of henry , then the next strain would be to limit a term over upon ones dying without issue during the lives of two or three , and then of twenty men : and then if he should dye without issue within seven years , for that is equal to a life , and then within twenty years , then why not within a hundred years , and then why not within a thousand , or during the term , &c. for all these are less interests in the eye of the law , than a freehold , and where should we end or stop ; for it must be confessed that there is the same reason for all these , as it was by experience found upon the judgment of mathew manning's case , when it was once allowed that a term for years might be limited to one , and if he died within the term then to another ; it was soon found that there was the same reason to allow a limitation of it after two as twenty lives , which hath been the occasion of fettering estates exceedingly by such limitations of terms to take effect after lives , and made the judges often repine at that judgment , and declare that if it were now a new case , since they have seen the inconveniencies of it ) it would never have been so adjudged . so bridgeman in the case of grigg and hopkins . siderfin's report fo . 37. 4. it 's agreed on all hands that there is the same reason and ground of allowing limitations of terms for years at law , as there is for allowing limitations of trusts of terms for years in equity and no other : now there hath never been any judgment that the limitation of a term to one , after anothers dying without issue was good — it hath been often endeavoured , and ( if it could have gained the precedent of such a solemn resolution ) would no doubt of it , be too often practiced . but it hath always been disallowed , and many judgments against it — leventhorp and ashby pasc. 11 car. 1. in b. reg. rolles 611. sanders and cornish rolles 611 , 612. rolles 2. rep. 1 cro. backhurst and bellinghams case . mod. rep. 115. and burgis case there reported . and child and bayley's case trin. 15. jac. rot. 183. in banc. reg. which is a judgment in the very point — william heath being possessed of a term for 76. years , by his will devised it to his wife , and afterwards to william his son , provided that if william his son should dye without issue of his body then living at the time of his death , then thomas his eldest son should have the term ; william did dye without issue , living thomas , yet thomas could not have the term , because the whole court of kings-bench adjudged that the limitation to thomas after the death of william without issue ( tho this contingent was confin'd to a life , as here it is ) was void , for the reason before mentioned . and this judgment afterwards affirmed in a writ of error in the exchequer chamber , by all the judges of the common pleas and barons of the exchequer , so that it was a solemn judgment of all the judges of england , and which alone were enough to rule the case in question . yet the lord chancellor decreed this limitation to charles to be a good limitation , and that he should hold the barony during the residue of the term , and have an account of the profits thereof from the death of duke thomas . declaring his reasons to be as followeth . 1. some men have no estates but terms of years ; and he that hath a term of years , hath as much right to dispose of it , as he that hath a fee-simple . 2. unless these words ( if thomas dye without issue in the life of henry ) have the effect of excepting this out of the common cases of limitting terms over upon ones dying without issue — the words are idle and of no effect . 3. this might have been done in another way ( viz. by making the first term to cease upon this contingency , and limitting a new one to charles ) and therefore shall be taken to be good this way . 4. that the meanness of a term for years or chattel interest , is not to be regarded in limitations of it . — it was at first disputed , whether it might be limited over , after a life , and some opinions against it : but that afterwards obtained ; and though the judges would not allow a limitation of it over after a dying without issue ; but he saw no reason why it might not be allowed after a dying without issue in such a ones life ; for that is but equal to a limitation after a life . then the lord chancellor seeks to evade the case of child and baylie , by making several distinctions between that and the case in question , which it's plain that he himself look'd upon but as frivolous , and saw there was no real difference between them ; and therefore to fortifie his own resolution , he is driven at last in plain downright terms to deny it to be law , calling it a single resolution , that never had any like it before or since . and he opposes to this resolution in child and baylie's case , two other cases ; the one of heath and cotton , ( which is nothing to the purpose , there being no limitation after a dying without issue , but only after a death ) the other of wood and sanders ; where a term is limited to the father for his life ; then to the mother for hers ; then if john survive his father and mother , to him ; and if he die in their lives , and leave issue , to his issue ; if he die without issue in their lives time , then to edward his brother ; he died in their lives time without issue , and holdeth that the limitation to edward was good . nevertheless the lord chancellor made such a decree , that charles should hold the land during the residue of the term ; urging further for his so doing , that it was the will of hen. frederick , father of the plaintiff and defendant , who was owner of the estate ; and therefore that it was equitable and just to decree that it should go accordingly ; not allowing that mens wills and intentions are to be bounded by the rules of law , and no farther to prevail , than the methods and rules of law warrant them . there being afterwards a bill of review brought upon this decree , before the now lord keeper ; and his lordship finding the said decree grounded upon great mistakes , and likely to be a ground it self of great inconveniency , did reverse the said decree , as being erroneous , and against law , and dismissed the said charles howard's bill . whereupon the appeal is now brought in the lords house . notes, typically marginal, from the original text notes for div a43190-e10 3. note , the lord chancellor ( finding himself pincht with this reason , in his argument indeavours to answer it by saying , he would stop any where when he should find an inconvenience by allowing such a limitation , which is a poor evasion , and the judges conceived would be too late when it should have gained the countenance of such a solemn precedent and resolution , and conceived it more agreeable to the prudence and policy of the law , to prevent such inconveniences when foreseen , than to distinguish ones self out of them , or retract opinions by a ( non putarem . ) 1. note this is true , but it doth not follow that he may dispose them contrary to the rule of law. 2. note this hath no weight , for many words are oft inserted in settlements that are idle ; and operate nothing , and these are not the only words in this that are idle , for the lord chancellor allows here , that the limitation to edward and all after him are void . 3. this is so weak a reason , that it requires no answer . 4. this answered in the judges third reason supr . note , this case of child and bayly was adjudged by all the judges of england , first in the king's bench , and then in the exchequer chamber , and hath been approved and cited by many judges in many cases since , and made the ground of several judgments , and never denied for law , as in love and windham , and grigg and hopkins , and other cases , till now by the lord chancellor , being thus hard put to it to maintain this opinion of his . note , this touches not this case of the duke of norfolk , for there john never had any limitation took effect at all , for it was to commence upon condition , which never happened ; so it was all one , as if there had been no limitation at all . a brief deduction of the case between george carew esqr. administrator of the goods and chattels, rights, debts and credits of sr. william courten, knight deceased unadministred with his will annexed, plaintiff and [i]acob pergens, bewinthebber of the west-india company at their chamber in amsterdam, defendant : as it was delivered in low-dutch to the scheepens and iudges in amsterdam, in the month of october 1676. 1676 approx. 17 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-11 (eebo-tcp phase 1). a29436 wing c545 wing b4566 estc r40763 18926686 ocm 18926686 108471 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a29436) transcribed from: (early english books online ; image set 108471) images scanned from microfilm: (early english books, 1641-1700 ; 1682:12) a brief deduction of the case between george carew esqr. administrator of the goods and chattels, rights, debts and credits of sr. william courten, knight deceased unadministred with his will annexed, plaintiff and [i]acob pergens, bewinthebber of the west-india company at their chamber in amsterdam, defendant : as it was delivered in low-dutch to the scheepens and iudges in amsterdam, in the month of october 1676. carew, george, esq. courten, william, sir, 1572-1636. pergens, jacob. [4] p. s.n., [s.l. : 1676] caption title. wing suggests imprint: amsterdam, 1679. imperfect: pages stained with slight loss of print; best copy available for photographing. identified on film as wing b4566 (number cancelled). reproduction of original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng courten, william, -sir, 1572-1636. estates (law) claims against decedents' estates -netherlands. claims against decendents' estates -england. 2004-06 tcp assigned for keying and markup 2004-07 spi global keyed and coded from proquest page images 2004-08 mona logarbo sampled and proofread 2004-08 mona logarbo text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion a brief deduction of the case between george carew esqr. administrator of the goods and chattels , rights , debts and credits of sr. william courten , knight deceased unadministred , with his will annexed , plaintiff . and jacob pergens , bewinthebber of the west-india company at their chamber in amsterdam , defendant . as it was delivered in low-dutch to the scheepens and iudges in amsterdam , in the month of october 1676. 1. sr . iacob cats late pensionaris of holland , iohn corcelis and others became bound by their writing obligatory at london , dated 29 iuly 1631 unto sr. william courten in the penalty of 3000 pounds for payment of 2080 pounds to the said sr. william his executors or administrators according to the laws and custom of england . 2. in the year 1636 the said money continuing at interest , sr. william courten died indebted to many persons , and left william courten his son and heir his sole executor . 3. in the moneth of september 1643. the said william courten became insolvent for his own debts , and absented himself from his creditors . 4. on the 31 of octob. 1653. william courten at london assigns the said obligation of 3000 pounds to iacob pergens , upon pretence of an old debt due to the said pergens from sr. william courten , and gives him procuration to sue for the said money accordingly . 5. in the year 1645 iacob pergens summoned sr. iacob cats before the provinciall court of holland , and instituted his process for the said debt and dammages . 6. in the year 1647 iacob pergens ( during the civill warrs in england ) procured letters from the late king to the states generall and the prince of orange in favour of himself against sr iacob cats , and the east-india company . 7. in the year 1653. iacob pergens gave 400 pounds to the comissioners concerning banckrupts to release their right to the money due from sr. iacob cats , and to assign their pretence unto pergens salvo jure of other men . 8. in the year 1655. depending the said process against sr. iacob cats , william courten the executor died in florence intestate . 9. in the year 1660. letters of administration of sr. william courtens goods , debts and effects unadministred by will. courten esquire ( with the testament annexed ) were granted by the prerogative court of england to the said george carew . 10. in the year 1661. the provincial court of holland pronounced a sentence in favour of iacob pergens against the heyrs of sr. iacob cats , who appealed to the supream court of iustice at the hague , from the same . 11. in the moneth of may 1662. george carew exhibited his request unto the high court , and intervened in the said cause , praying that his right might be preserved according to law ; and in consequence thereof , that the heirs of sr. iacob cats might be ordered to pay the money to him in right of his administration ; and that iacob pergens should be likewise enjoyned to deliver up the bond as an unadministred effect of sr. william courtens estate . 12. whereupon iacob pergens refused to answer unto the principall demand , but made his exception in writing , that he was a burger of amsterdam , and ought to be impleaded before his competent judges there , notwithstanding he dwelt then in the hague . 13. after severall pleadings , repliques , duplicques and advertisments of right with severall advices upon the case transmited from the judges of england to the said high court of iudicature ; the lords nevertheless admitted the exception of iacob pergens , and renvoyed carew before the scheepens of amsterdam with compensation of costs . 14. on the 6 of november 1663 george carew cited iacob pergens before the lords of amsterdam and exhibited his request , as aforesaid , for the recovery of his right , desiring a precise day as a stranger . yet the scheepens ordered the process to be written by demand , answer , replicque and duplicque : as by the acts of the court inventaried appears . 15. however on the 34 of october 1664 the high court at the hague proceeded to a sentence in favour of mr. pergens against the heirs of sr. iacob cats . whereby the lords ordered them to pay the money with interest , and charges to the said pergens , which amounred unto 4200 pounds sterling : and directed pergens to assign the said bond with power to sue the other obligers . although the iudges of england had intimated mr. carews right , to the said high court , and subscribed the same before major wright and iohn daniel two publique notaries in london . 16. in the years 1669 and 1670 mr. iames boeve sollicited the said process and caused the writings and papers on both sides to be inventaried and exchanged by the procters francis meerhout and arnold vingbooms : then by a contrivance between pergens and the sons of peter boudaen , iames boeve was arrested at the hague upon a vexatious action out of the admiralty of zealand , which they bought purposely to trouble mr. boeve : whereupon he was detained a prisoner , and so obstructed the prosecution in this cause some time longer . 17 in the year 1672 mr. carew arrived at amsterdam and desired his advocate mr. paulus buys to draw an advertisment of right to be delivered over with the pieces and papers to the lords , which was retarded yet longer by reason of the warr with england , and mr. carews detention in prison at the hague upon pretence of being an enemie to the countrey for demanding common justice . 18 in the moneth of may 1676 mr. carew arrived again at amsterdam , and applied himself to advocate buys to make an advertisment of right , that the sentence might be pronounced thereupon ; who refused to serve any longer in the cause , pretending that he had married a kinswoman of mr. pergens ; yet demanded his salarie of 116 gilders for perusing the papers drawn by advocate caw and others , ( yet ▪ no disparagement to mr. buys his abilities ) although he never pleaded in the cause . 19. in the moneth of august last mr. paulus buys and arnold vingboom summoned mr. carew before the magistrates at amsterdam , for their respective salaries , and arrested his goods for the same : whereupon the lords condemned carew to pay their demands accordingly : mr. buys having interdicted all others to serve in the cause before he was paid . 20. then pergens and boudaens having published a scandalous book against the procedings of carew and boeve , it was answered by another book , many whereof they caused to be taken away by inglebreght the under-scout of amsterdam from stephen swart , a bookseller near the exchang by order of the president scheepen , as inglebreght pretended . 21. in the moneth of september last mr. carew having then gotten his papers and writings from mr. buys and vingboom , paid them both their salaries and proceeded to the advertisment of rights : following upon which he craves the iudgement of the honoerable lords the scheepens . advertisment of right . 1. the said george carew appointed administrator of the goods , rights and credits of sr. william courten , as aforesaid , stands obliged by the laws and customs of england , to exhibit a perfect inventarie of the goods and effects upon oath , and faithfully to administer the same , giving preference onely to the king , and to such creditors as have obtained decrees or judgments for their debts , ( as severall have done in the courts of record at westminster . ) therefore all obstructions that are made to hinder the said carew in the due execution of his administration , are destructive to mutuall society , and commerce . 2. admitting that jacob pergens was bona fide a creditor of sr. william courten , as he alledgeth by an obligation of 1500. pound , dated the 12. of march 1634. for payment of 1000. pounds with interest , the copy whereof being mentioned in the inventary marked with the letter f. yet he must come in concurrence with other creditors , who would otherwise suffer great prejudice , against the rules of equity ; sr. william courten dying indebted 100000 pounds and upwards to many orphans and widows , which are yet unsatisfied , besides a particular debt of 35000. pounds to sr. paul pyndar , wherof two third parts are yet owing , as appears by an authentique writing marked with the letter m. 3. as soon as william courten the executor died , the debt of sr. iacob cats became an unadministred effect of sr. william courtens estate , and must be so inventaried . the rule in law both in england and all other nations is positive , quòd actio personalis moritur cum persona . vide the severall advices transmitted from the iudges of england to the supream court of iudicature at the hague under the letters c. d. 4. the sentences pronounced by the court of holland and the supream court of iudicature at the hague are erronious and have a nullity in themselvs , as acts coram non judice after the death of william courten the executor , who could not by the law of england transport or assign any of his fathers obligations . vide the judges opinions and advice aforesaid . 5. that in all originall obligations and contracts between man and man , right must be done according to the law of the land , where such contracts and obligations were first made . 6. if the laws of holland should not be admitted to take place in england upon dutch contracts made in the united provinces , it might be of dangerous consequence to the subjects of the states generall , whose moneys and estates doe often fall or come into the hands of english-men . 7. the commissioners upon the statutes concerning banckrupts had no power or authority , by force of the statutes or their commission to intermeddle with sr. william courtens estate , which must be appropriated unto his own creditors , and not applyed unto the sons debts : nemo plus juris in alium transferre potest quam ipse habet . vide the iudges advice , u●●upra . 8. every man is bound to take notice of another mans right , that intermeddles in any thing which concerns that mans property . 9. an heir or executor unto any person that dies indebted in england can have no quality to dispose the goods of the deceased but as the law directs . and without a commission from the prerogative court no executor or administrator in england can legally intermeddle with the goods of the deceased . 10. william courten esquire possessed himself of his fathers goods under the benefit of an inventary , and he that hath received any of the estate contrary to right and equity is responsible to make restitution thereof to the right proprietors . 11. letters of recommendation from the late king , or any treaty of alliance , cannot create a right , or alter the property of any particular estate : the law must determine that point . 12. wherefore all the subterfuges of iacob pergens in his answers duplicques and papers produced in this case having no force of reason or strength of arguments in them to hinder carews right : the plaintiff humbly desires the iudgement of the honourable mr. david de wilhem . hendrick becker . mr. cornelis cloeck . joan appelman . mr. everart scott de jonge . dr. dirk boelensz . lieve van loon. jan van dijck . mr. jacob popta . present scheepens , that is , sheriffs of amsterdam , according to the merits of his cause ; and prayeth that he may have his costs and dammages sustained , in the forbearance of his money and the prosecution of this cause . a memorandum . for the more abundant satisfaction of all persons concerned , the fraudulent practises of iacob pergens are here discovered , who was born at cologne in germany , bred up in london , made a free denizon of england , lived some years a porter in middelburg , having first married old peter boudaens sister , and afterwards came to be a burger of amsterdam , and a bewinthebber of the west-india chamber there . 1. by a sentence of the supream court of iustice at the hague on the 16 of march 1666. an action is reserved againse the said jacob pergens for 691 £ 16 s 7 d sterling money paid unto himself by james boeve in the years 1635 and 1636 out of sr. william courtens cash and the companies , more then was received of the said pergens . vide the sentence between boeve and boudaenmarked . a. 2. on the 22 of february 1648 five years after william courten became insolvent , and seven years after he had assigned his ships and goods in the east-indies to sr. edward littleton and sr. paul pyndar , jacob pergens ( having knowledg thereof ) took another assignment at the hague in consideration of his pretended debt , and covenanted to refund the overplus to such persons as should have right to demand the same . vide the notariall acts marked b. 3. that in pursuance of the said assignment jacob pergens received 85000. gilders of the directors of the east-india company on the 18th of septemb. 1649. as appears by the act marked c. 4. that jacob pergens having made an attestation on the 23. of ianuary 1675. concerning a bond brought in reconvention towards ballance of accounts in a process between carew and boudaens , an authentique copy being required by mr. carew of mr. david doornick , pub●●●●e notary in amsterdam where the attestation was made , pergens interdicted doornick from delivering it . and carew having cited the said doornick before the scheepens , pergens arres●ed the copie of the said attestation in doornicks hands after carew had tendred him money for it , and so would continue process in amsterdam ad insinitum . vide the acts of the vierscha●● marked d. 5. that jacob pergens and some of his friends are so abominably wicked and absurd , to report , that the states of holland will protect him from rendring any account for the 85000 gilders in the ordinary courts of iustice , upon pretence of some treaty between the king and the states ; and so would indeavour by forced interpretations to bring an odium upon his majestie and the states generall ; as if they intended to take away the naturall liberty of any particular man to prosecute his right in the ordinarie course of iustice. wherefore any man that hath his five senses , and can read his abc may consider whether it be convenient to suffer the said jacob pergens to prosecute his evill designs any longer , that hath done so much mischief already to many families both in england and holland . a vindication of the severall actions at law, brought against the heires of sr. peter courten, knight, and peter boudaen, merchants deceased by george carew, esqr., james boeve, merchant, and hester de weyer ; with the arraignment of a most scandalous pamphlet called, de quade minees en practiken van seeckeren george carew, ontdeckt en opengeleght, tot onderrichtingh en waerschouw aen nederlandt, door d'erfgenamen van p.b.c., zalr. 1675, privately given out to the magistrates in zeeland. carew, george, esq. 1675 approx. 171 kb of xml-encoded text transcribed from 42 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a34133 wing c556 estc r22961 12234694 ocm 12234694 56712 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a34133) transcribed from: (early english books online ; image set 56712) images scanned from microfilm: (early english books, 1641-1700 ; 58:6) a vindication of the severall actions at law, brought against the heires of sr. peter courten, knight, and peter boudaen, merchants deceased by george carew, esqr., james boeve, merchant, and hester de weyer ; with the arraignment of a most scandalous pamphlet called, de quade minees en practiken van seeckeren george carew, ontdeckt en opengeleght, tot onderrichtingh en waerschouw aen nederlandt, door d'erfgenamen van p.b.c., zalr. 1675, privately given out to the magistrates in zeeland. carew, george, esq. [6], 74 p. by thomas berry, printed at middelburgh : 1675. letters and legal papers, some in english, some in dutch. advertisement: p. 66. reproduction of original in british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng estates (law) -england. 2002-08 tcp assigned for keying and markup 2002-10 aptara keyed and coded from proquest page images 2002-11 emma (leeson) huber sampled and proofread 2002-11 emma (leeson) huber text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion a vindication of the severall actions at law , brought against the heires of s r. peter courten knight , and peter boudaen , merchants deceased , by george carew esqr ; iames boeve merchant , and hester de weyer . with the arraignment of a most scandalous pamphlet , called , de quade minees en practiken van seeckeren george carew , ontdeckt en opengeleght / tot onderrichtingh en waerschouw aen nederlandt , door d' erfgenamen van p. b. c. zal r. 1675. privately given out to the magistrates in zeeland . veritas non quaerit angulos . printed at middelburgh , by thomas berry . 1675. to his highness the prince of orange . sir , it was given for a maxime ( amongst other policies of government ) to the states of the united provinces , by prince william of nassaw , your great grandfather , that they should doe justice unto all strangers ; it being the greatest support of a nation , and the want of it , the chiefest cause of their fall . i am grieved that such occasions are given me , to write upon this subject , or to say that these netherlands , have long mourned for the transgressions of evill doers . before the law of property , there was noe theft , all things remained in common to every man ; but after the laws of nations were established , all mens rights , became distinguished and preserved , by certaine rules and order of good governement . may it please your highness , i am obleiged as an englishman , a gentle-man , and a subject , of the king of great brittaigne , publiquely to vindicate my self , my country , and the judicature of england , since severall advocates and their clyants in middelburgh , have taken the boldnes , and liberty , publiquely to scandalize and reproach all three , by belching out their calumnies and aspersions , against us , in the ordinary courts of justice there . and since your highnes by a wonderfull providence , is not only restored , to the ancient offices , and dignities , of your most noble and princely ancestors , but that the chiefe office of statholder , in holland and zeeland is intailed upon your highnes and your heires for ever , as a remarkable testimony of your personall merits , and the common gratitude of the people , for the many and great services , that your ancestors had done for these provinces . i shall therefore implore your highnes to recommend my causes , that i may at last find common justice , in these netherlands , without respect of persons : and that in the meane time , your highnes would give your selfe the trouble of reading this short narative of them ; wherein i have not offered any thing , impertinent to the busines in hand . so leaving the scope of the whole matter , unto your highnes most serious considerations ; submitting the same to your great wisdome and judgment , as the chief president of all judicature , in these provinces . great sr. i remaine your highnes most humble servant , george carew . middelburgh in zeeland , september 2. 1675. a preface to the reader . virtue , and honourable actions , make all men truly noble ; and on the contrary , wicked and abominable practises render them , unworthy and base . it is not busines here to recriminate the vices , of these provinces , or to make a retrospect into the pedegrees of those particular inhabitants , that have lived upon the spoyles of other nations , but only into my parties and their advocates , who have not been ashamed to publish most false and libellous discourses , reflecting upon my self , and severall others of his majesties good subjects of england , scotland , and ireland ; i should therefore betray my own innocence , the merits of my causes , and the deserts of my own family . if i should continue silent , after so many indignities , and reproaches cast upon us , that are reduced into writing by john , and peter boudaen , by whose directions , they were also printed by the states printer , in middelburgh : and the books given under hand to the magistrates , to get good opinions of their bad causes , to the prejudice of my self , and other englishmen . miracles are now ceased , and men cannot have moneys drop into their lapps out of the clouds . all things mencioned in this following treatise , are matters of record . and if shame and infamy had not attended the family of old peter boudaen ( as he himself in a letter to his mother long before his death prognosticated ) his children might have covered their fathers infirmities , and suffered him to rest quiet in his grave , by giving better attention , unto those timely insinuations , and friendly addresses , that were made unto all the four brothers , john , peter , walter , and henery boudaen , respectively , who follows the stepps of their father ( not restoring what was injustly gotten , ) yet i cannot without regret speake evill of the dead ; wherefore i have modestly and briefly set forth the characters , and extractions , of the persons concerned , as a most necessary introduction to what follows : then comes a relation of the partnership in trade and commerce , between sr. william courten , sr. peter courten , and mr. john moncy , together with the severall transactions of their heires , executors , and assignes ; adding some observations and remarques thereupon , i come to the vindication of my selfe and family ; justifying my administrations in england , and my proceedings in the severall cases depending in holland and zeeland , ever since the yeare 1650. which i leave also to your candid apprehensions , and the whole world to be competent iudges thereof . vale. middelburgh septemb. 3. 1675. it was the saying of an ancient philosopher , that lived in a very serene aire , quôd , gaudiant qui bene nati ; the words being spoken as to the temperature of those mens bodies , from whence followed the generous disposition of their minds . in the yeare 1567. phillip the second , king of spaine , having sent olivaris duke of alva , to be governour of the seventeene provinces , the spanish inquisition , was then put in execution . where amongst others , william courten a taylors son at menen in flanders , was imprisoned , from whence he made his escape , and remained sometime privately about courtrick , having maried margriet casier from thence a linnen-weavers daughter , by whom he had one daughter named margiret , that maried with matthias boudaen , a macklaers son of antwerpe : these people having very tender consciences , they transported themselves , some for holland , and others for england , with all the monies and credit they could make . william courten and margeret his wife being arived at london , in the yeare 1568. they toke a small house in abchurch-laine , where both of them followed the trade of making french hoods , that were much used in those days , and sold their worke to the shops , that retayled the same out againe . after some time expired , they toke a house in pudding-laine , in the parish of st. mary hill , where they had two sons , the eldest named william , who was borne in the yeare 1572. ( yet within the memory of the living ) and the other named peter , that was born in the yeare 1581. who were both brought up to schoole , to lea●ne to read , write , and cast accounts . william courtens the sonne after his fathers death , was sent unto mr. peter cromelincx , a linnen merchant at harlem , ( that had also fled out of courtrick for religion ) to be instructed in trafficque and linnen manifactures , where the said william courten became intimate with one of the deafe and dumbe daughters of mr. cromelincx , and afterwards maried her ( with the consent of her father ) by whom he had a good fortune , and one son named peter , that died without issue . and after the death of mr. peter cromelin●x daughter , william courten being setled at london , he maried the daughter of one mr. moses tryan , by whom he had severall children . peter courten the second brother was sent to cologne in germany , to be a correspondent there for his brother william and other friends , where he became familiar with the widdow of mr. fromenois , who was the daughter of monsieur del prato , and maried her , that had a son and daughter by her former husband , but died without issue by peter courten , leaving her two children named walter and katharine fromenois , to his care and education . matthias boudaen had planted himself and his family at rotterdam , where he became insolvent , but was set up againe , by the assistance of his friends , and not long after died , leaving his widdow margret courten with two children a son and a daughter , named peter and anna boudaen . the widdow then transported her selfe and her children for england , to seek better preferment . iacob pergens a cologner borne , that was made a free denizon of england , at the instance of william courten , he maried the said anna boudaen , who died without issue . peter boudaen the onely son of matthias was bred in england , and made also a free denizon , and afterwards maried katharine fromenois , the daughter in law of peter courten , that was setled in middelburgh in zeeland ; but walter fromenois the son maried a sempstris , and died without issue , leaving a great part of his estate to his widdow . on the 24. of april 1606. iohn moncy of london merchant , a brabander borne , and a schoole-masters son , being made likewise a free denizon of england , he contracted a mariage with the said margret boudaen , the widdow of matthias , whereupon william courten , peter courten , and iohn moncy entred into a trade of partnership with a joynt stock , whereof the half-part belonged to william courten , and a quarter-part to each of the other two , which trade continued for 15. yeares together very profitable to all the partners : then the accounts thereof were liquidated , and all things set even and right . now william courten , and peter courten , being made knights , they raised their credit and esteem in the world , and also continued their trade in partnership during their lives ; but that stock was chiefly managed by sr. peter courten and iohn moncy , sr. william courten dealing as a bankere in london , besides upon his own particular account , where he toke up what monies he pleased ; purchased severall lordships , and tenements . and transported vast sums of money , in gold , out of england to middelburgh , and other places to negotiate bills of exchange , whereupon he was questioned in the star-chamber , committed to the prison of the fleet , and fined for the said offence of exporting the treasure of england into forraigne parts , against the law of the land , as by the records in the crowne-office appeares . sr. peter courten having maried a second wife named elizabeth hennich , he died without issue in the yeare 1630. at middelburgh , where he had built a great house in the north-street , but left the accounts of the trade in partnership open , which had not been liquidated within the space of nine yeares before his death , and made peter boudaen his heire and sole executor , giving only 100 pound sterling to sr. william courten his brother , and other small legacies to his children , ( that were his heires at law , ) to exclude them from the estate , which raised the first dissentions in those families . iohn moncy died without issue in the yeare 1631. when he was at peter boudaens house in middelburgh , upon the view of all the accounts , in the generall books of trade , that were kept by sr. peter courten ; and by his pretended will , gave a great part of his estate away in legacies to the children of sr. william courten and peter boudaen , from his owne and only sisters children , hester and su●●nna de wyer , that he brought up as his owne , and made margret his wife , his heire , by whome he had noe child . sr. willim courten died in the yeare 1636 , in the 64. yeare of his age , leaving one son , and three daughters , named william , hester , mary , and anna , being all very much troubled concerning the accounts lying open between sr. william courten , sr. peter courten , and iohn moncy , wherein they esteemed the greatest part of their fathers estate to be in that stock : which raised many jealousies in the family of sr. william courten , and more amongst the creditors , who had lent their own monies , and the portions of many orphants , and widdows , upon the credit of sr. william courten , and his son and heire , who sr. william appointed the sole executor of his last will and testament . it is to be remarqued , that sr. william courten died indebted 146300 pound principall sterling money , borrowed at intrest , upon the obligations of himself and his son , as by a schedule of the debts appeares . and that for 112500. pound thereof , there remaines no effects in england , or visibly in any parts of the world , but what rests either in the hands of the sons and daughters of the said peter baudaen , viz. of iohn boudaen , peter boudaen , walter boudaen , henry boudaen , constance and katharine boudaen , that call themselves the heires of sr. pieter courten and iohn moncy , or in the hands of sr. iacob cats , iacob pergens , or the east-india companie of the netherlands , as by the 36. articles annexed to a petition in the parliament of england , hereafter mencioned more plainely appeares . it is now necessarie to give some account of the administration of sr. william courtens estate by his son and heire and sole executor , that administred upon his fathers lands and goods , from the yeare 1636 , unto the yeare 1643 , when he became insolvent and absented himself from his creditors , and also left his dwelling house in london , and frequented the exchange no more , which was most notoriously known to all the world. sr. william courten in the yeare before his death , borrowed the summe of 36000. pound sterling of sr. paul pyndar upon his own and his sons obligations , and set out severall ships ( in companie with other men ) to the east-indies , china , and japan ; and sr. paul pyndar being the greatst creditor , he earnestly called for his money , in the yeare after sr. william cour●en died , but was perswaded to waite in expectation of returnes from the east-indies , to get his satisfaction from thence ( if possible ) where his money was imployed . divers other creditors for severall great sums of money , daily solicited william courten , the son and heire for payment of their debts , or to have other security for their moneys , which forced mr. courten to sell the lordships of laxton and kneesall in the county of nottingham unto mr. p●rpoint , to satisfie some persons that were very importunate for their monies . soone after the said william courten was necessitated to morgage all his other lands and lordships unto mr. daniell harvy , mr. iohn rushout , and mr. thomas coppin , which went but a litle way towards satisfaction of the great debts and interest money growne due thereupon , the rents and profits of the lands being consumed by the armies of the king and parliament . after all this was done , the said william courten , further to preserve his fathers reputation , prevailed with sr. edward littleton , his brother in law , and the earle of bridgwater with david goubard to become bound unto divers creditors , that renewed their bonds , and also unto several other persons , that lent monies , towards payment of old debts . thus william courten the son and heire of sr. william courten continued in paying some creditors with borrowing of others , untill the yeare 1642. then he granted and assigned all his ships , and stock in the east-indies , and the reversions of his morgaged lands in england , by severall deeds and conveyances unto sr. edward littleton , dated the 26. of april 1642 , to save him harmless and indempnified from the said debts , wherein he stood obliged . william courten and sr. edward littleton then for further security unto sr. paul pyndar , for the remainder of his debt , which was at that time the summe of 24800. pound sterling , did by their deed and assignment bearing date the 19. of september 1642. grant and assigne severall sums of money upon the said ships and their fraights , in the east-indies , for satisfaction of the said debt and damages , to sr. paul pyndar , his executors or administrators , as by the said severall deeds inrolled in chancery , and the admiralty of england appeares . in the yeare 1646. the lady katharine courten the sons wife , by whom she had two children , a son and a daughter , named william and kathartne , both yet living , having conveyed away the books of accounts of the trade in partnership , that were kept in england , she caused authentick coppies to be made thereof , and sent the originall books unto peter boudaen of middelburgh , to the end and purpose , that the accounts might be stated and setled , that some portion of monies might be preserved if possible for her children ( after the companies debts were paid ) out of the reach of the commissioners , that executed the statutes made against banckrupts , as by the attestations of iohn moone , iames boevé , and severall others appeares . john moones deposition before the commissioners upon the statutes against banckrupts , on the 25. of febr. 1656. copia , extracted out of the register of commissioners of banckrupt . iohn moone of london merchant , sworne and re-examined the 25. day of february 1656. upon his oath saith , that in or about the yeares 1646 , or 1647. this deponent was desired by the lady katherine courten , wife of william courten , the partie against whom the commission is awarded , to draw out an account out of the books of sr. william courten , concerning the charge and disbursments of the said sr. william , in setting out ships , men and provisions for the discoverie and planting of the island of barbados ; and accordingly this deponent did draw out an accompt of his said disbursments , which did amount unto the summe of twelve or thirteene thousand pounds or thereabouts , which said accompt this deponent delivered unto the said lady . iohn moone . and the said iohn moone also deposeth , that heretofore about 1646. he this deponent , by the appointment and direction of the said william courten and his wife , did send to middelborrow unto one peter boudaen courten , severall books of accompts , as journalls , ledgers , and cash-bookes ; but what is now become of the said bookes , this deponent knoweth not . iohn moone . concordat original . verbatim . copia vera , quod attesttor rogatus & requisitus . i. daniell . notaris publ. attestatien van m r. iames boeve , rakende de boecken die gehouden wierden by sir william courten , koopman tot londen . den 16. iuly 1675. op huyden den 16. iuly 1675. compareerde voor my abraham huyssens , openbaer notaris by den hove van hollandt geadmitteert , binnen vlissinge residerende , ende den getuygen naergenoemt , sr. jaques boevé , koopman van engelandt in londen , gewoont hebbende binnen middelburgh , my notaris seer wel bekent , de welcke op sijn manne waerheyt , in plaets van eede , ten versoecke van d' heer george carew schilt-knaep , by den prerogativen hove van engelandt gestelt tot administrateur van alle de ongeadministreer de goederen ende effecten van wijlen willem courten ridder , in sijn leven woonachtigh tot londen , ende verklaer de waerachtigh te zijn dat hy deponent in den iare 1628. is komen woonen al 's comptoirknecht by jan de moncy koopman tot londen voorsz . in huywelijck hebbende iuffrouw margrieta courten , de welcke in compagnie handelde met de voornoemde heer willem courten , ende pieter courten ridder , woonende tot middelburgh , ende dat hy in dien dienst is gebleven tot den iare 1638. in welcke tijdt hy ettelijcke iaren de boecken wegens de negotie van de gemelde compagnie binnen engelandt heeft gehouden , ende voor sijn afscheyt ( naer dat de selve volkomentlijck waren overgedragen door last van iuffrouw margrieta courten , weduwe van den voornoemden jan de moncy , gelevert in handen van willem courten , sone van den voornoemden willem courten ridder , welcke boecken sedert door last ende ordre van willem courten ende sijn huysvrouwe , in ofte ontrent den iare 1646. gesonden zijn geweest aen pieter boudaen courten , al 's erfgenaem van pieter courten , door john moone , gelijck hem deponent gebleken is uyt een be-eedighde verklaringe door gemelte moone gedaen in handen van commissarisen van desolate boedels binnen londen , op den 25. february 1656. item dat david goubard gewesen boeck-houder eerst van pieter courten , ende nader●andt van willem courten , aen hem deponent verklaert heeft in den hage dat de selve compagnie boecken die tot londen waren gehouden , gekomen waren in handen van pieter boudaen courten , ende die aldaer gesien te hebben : voorts dat de generale boecken , nopende de negotie op alle gewesten buyten engelandt , gehouden wierden door pieter courten tot middelburgh , ende desselfs erfgenaem pieter boudaen courten , ende dat de rekeningen van gemelte compagnie by sijnen tijdt noyt en zijn vereffent , ende noch openstaen voor soo veel hem bekent is , 't selve gevende voor redenen van wetenschappe , presenterende alle 't selve des noodt ende daer toe versocht zijnde met solemnelen eede te bevestigen . aldus gedaen ende gepasseert binnen vlissingen voorn̄ . present joannis ende engel huyssens , al 's getuygen hier toe versocht . quod attestor rogatus . a. huyssens , notaris publ. after the creditors had prosecuted the said commission for severall moneths together , they procured the commissioners to make an assignment , and repartition of william courtens estate , that was discovered , and to divide the same amongst the creditors , conformable to the statutes made against banckrupts . and notwithstanding all possible inquiries , and examinations were made at the great costs , and charges of the creditors ; yet there could not be found , any more estare , in england , then 13. in the pound , which was divided towards the principall debt of 112300 £ that still remained due , unto the creditors of sr. william courten and his sonne , ( besides the debt of sr. paul pyndar ) although sr. edward littleton , the earle of bridgwater , and david goubard became bound , as aforesaid . who also absented themselves , and died without giving satisfaction , as hereafter is mencioned . these transactions made all men stand amazed , in regard they could not discover any losses , that sr. william courten had sustained in his life time ; and they were the more astonished , in respect that those very individuall summes of money , for which they sought relief upon the obligations of sr. william courten and his son , were contracted by sr. william courten , 14 ▪ or 15. yeares before his death , and continued at intrest , which was constantly payd out of designe to get what other monies he could into his hands , as by the sadd consequences thereof appeares . upon severall other meetings , and examinations , the commissioners were informed , that david goubard , who was book-keeper unto sr. peter courten , and sr. william courten , and had made his escape into holland , ( where the states generall gave him a protection ) could discover much of sr. william courtens estate , and that also iacob pergens of amsterdam and peter boudaen of middelburgh , could likewise contribute very much thereunto . the said commissioners sent severall letters subscribed by themselves and many of the principall creditors , unto pergens , boudaen , and goubard respectively , earnestly intreating them to give their best assistance therein towards the reliefe of many orphants and widdows ; but neither of them would send any answers to the purpose , only pergens writ unto mr. richard norton one of the commissioners , that as for the monies which they had desired him to pay , which the east-india company had paid concerning the ships bona esperanza and henry bona adventura , ionas abels of amsterdam by procuration from sr. paul pyndar had claymed and arrested the same in the yeare 1648 , therefore he could not doe them any service therein . the controversie concerning those ships is formerly set forth at large , called a continuation of the ca●e between the heires and assignes of sr. william courten and the east india company of the netherlands , unto wich i refer you ; yet for a further aggrevation of that cause , i shall make these following remarkes thereupon . that it was a most abominable practise , and combination , betweene iacob pergens , peter boudaen , david goubard , and severall directors of the east-india company , who had speciall notice , of the severall grants , and bills of sale unto sr. edward littleton , and sr. paul pyndar , which were also insinuated unto them by ionas abeels , on the 25. of may 1648. who likewise arrested the money in their hands , which the scheepens of amsterdam had declared valid , on the first of october 1648. yet after all insinuations , prohibitions , protests , and arrests , this pretended agreement following was made . het accoort tusschen de oost-indische compagnie en m r. pergens . den 18. septembris 1649. alsoo differenten ontstaen zijn tusschen de e. bewinthebberen van de nederlants●he geoctroyeerde oost-indische compagnie ter eenre / mitsgaders d' e. jacob pergens ende david goubart , soo voor hem selven / ende al 's procuratie hebbende van d' e. william courten , ende andere ge-interesseerdens in de gemelte differenten tot londen ter andere zijden : ter saecke van seecker schip genaemt l'esperance , in den iare 1643. voorleden ontrent de stadt malacca van de ministers van de gemelte compagnie om redenen daer toe dienende , met sijn ingeladen goederen aengehouden , midtsgaders eenige ge●erghde goederen uyt het schip henry bon adventura op 't eylandt mauritius verongeluckt / ende van daer op batavia gebracht : soo i st / dat de voornoemde jacob pergens ende goubart ter vergaderinge van de seventhiene / de gemelte hare pretensien ( om eenmael van de selve af te zijn ) eyndelijck begroot hebbende op een somme van hondert duysent guldens , ende daer op gehoort zijnde de presentatie van de gemelte vergaderinge van tseventigh duysent guldens , na dat hare ed. de resterende differerende dertigh duysent guldens al ende geheel aen de uytspake van dese vergaderinge gesubmitteert hadden , a●n de voornoemde pergens ende goubart voor alle de gemelte hare pretensien ende aenkleven van dien / egeene uytgesondert of gereserveert / by desen toegeleyt hebben de somme van tachtigh duysent guldens , mits voor den ontfangh van de gemelte penningen stellende suffisante cautie voor alle namaninge . alle 't welcke by de gemelte e. pergens ende goubart gehoort zijnde daer mede contentement genomen hebben / alles ter goeder trouwen sonder argh of list / zijn daer van gedaen maken twee al-eens-luydende acten / ende wederzijts tusschen gemelte parthyen geteyckent binnen middelburg in zeelandt , den 18. septembris 1649. was met verscheyden handen ouderteeckent . iacob pergens . i. c. hayman 1649. david goubard . iacob roch. p. boudaen courten . p. carpentier . pieter van santen . adriaen besemer . ian vaericksz abbekerck hercke iansz noortlant . na gedane collatie is dese copye jegens den principale van woorde tot woorde bevonden te accorderen / sulcx betuyge ick ●eyserlijcken / en by den ed. hove van hollandt / mitsgaders den groot achtbaren magistraet der stadt amsterdam , geadmiteerden openbaer notaris binnen de selve stadt residederende / ende hebbe in oirkonde van dien mijnen notariale signature hier onder gestelt / desen 27. ianuary 1651. j. vande ven , notaris publ. it was a double iniquity and robbery in pergens , boudaen , and goubard , that knew william courten became insolvent in the yeare 1643. and that he had no property left in him after the grants and bills of sale to sr. edward littleton and sr. paul pyndar . such fraudes in france , are punished with death , and the persons absent are hanged in effigies . the very fraight , that the portugals , by contract were to give for the passengers , and goods taken aboard the ship bona esperanza for maccao , and for 90. lasts , of the ships lading , back againe for goa , amounted unto much more money , then what pergens , and goubard , had by their pretended agreement , gotten of the company upon caution . solomon says , that opression makes the wise man mad , sr. paul pyndar , that had served king iames , and the turkey company in the quallity of an embassador , for the space of eleaven yeares , and had advanced the greatst part of his estate unto sr. william courten , as aforesaid , and the rest of all his meanes unto the late king charles , towards the ordinary charge of the crowne . this sr. paul pyndar , upon the news that the east-india company of the netherlands had dealt so unkindly by him , he retired himself to his chamber , and died of grief in the yeare 1650. then william toomes his executor , made some further inspection into the said cause , and found upon examinations , that the officers of the east-india company had not only surprised the bona esperanza , and spoyled the voyage in her passage by malacca , but had also taken away the charterparties , bills of lading , books of account , journals and all other writings whatsoeve● , in the ship , and sent them to batavia , with the ships and goods , which were there kept without any proceedings at law , or colour of right . at the very apprehension of this spoyle and loss sustained by william toomes , in such an age , that he could not expect any justice , where frauds and oppression , were added unto force and violence ; he therefore laid violent hands upon himself and died . it is very remarkable , that sr. william courtens son and heire died a fugetive in italy , and insolvent , his lady the earle of bridgwaters daughter died miserable , his daughter katharine courten maried a millers son that was her owne foot-boy , and william courten the grand-child lives in exile , while a comission upon the statutes concerning banckrupts remaines in force against his fathers estate . yet the sons and heires of peter boudaen and their advocates say , that william courten , the grand-child ought to administer the estate as heire at law , additione hereditatis , both of the father and grand-father , after he hath renounced the same , and cannot appropriate any thing unto himself , the father and grandfather being indebted more then ten times the value of their goods . although dionisius rextoot , is a school-masters son , he hath as little manners as wit , and less law then both ; otherwise such rude expressions , had not come out of his black mouth , in pleadings , when he wanted matter of defence , in his cases , to fall upon the persons of his adversaries , with railing , and base language , as hereafter is mencioned ; but it is convenient first to shew his ignorance , in the laws of england , and secondly , that the force and strength of reason and argument is against him here , if the cause were to be judged by the laws of this country . by the statutes made concerning banckrupts in the 13. yeare of queene elizabeth , and the 19. of king james , the commissioners or the major part of them , have power to grant , bargaine and sell the goods , debts , lands , tenements , and hereditaments of banckrupts , and to bar the issue in taile , of all such estates , in reversion or remainder , that the said banckrupts were any wayes possessed of , or seized at the time , when they become banckrupts . whereupon a question did arise betweene the commissiners , and william courten , the grandchild , concerning lands , that was setled upon his mother , at her mariage , as a ioynture , and after her death , upon the heirs male of william courten , by her for ever , in consideration of the mariage portion , that shee brought , being a person of honor , and the daughter of an earle . the case was in short thus . william courten , tenant in taile , bargaines and sells his mannors and lands of pirton annton , and evesham , in the county of worcester , anno 1642. unto sr. edward littleton , and his heires , for payment of debts , and in the yeare 1643. becomes banckrupt , the question was , whether the estate taile , which passed not by the bargaine and sale , should not be preserved by the law , for the heires of william courten , the banckrupt , or not . it was resolved , by all the iudges , that during the life of william courten the father , sr. edward littleton had a good estate in the lands , but was determinable upon the death of courten , and that after his death , the commissioners grant , would opperate upon the lands , for the benefit of the creditors , and bar the heires in taile ; but the wife should have had , and injoyed the lands , only during her life ( if she had survived her husband ) in recompence of her dower . if there were any separation of goods , admitted in england , as there is in these netherlands , between man and wife , frauds would abound there , as they doe in holland and zeeland , where , upon contracts of mariages , men that are indebted , and have gotten other mens estates into their hands ▪ they doe usually secure their goods , and monies , to their wives and children , to the prejudice of other men , which is a most ungodly practise , and distructive to credit and commerce . the statutes are very severe in england , to prevent all such kind of fraudulent practices . and i doe presume banckrupts in the united netherlands , that have forfited their estates to creditors , can have no heires at law , to enjoy their goods . and that the courts of iudicature in the netherlands , cannot set up an heire of william courten , as they did an executor of john moncy . it is a most horrid abuse , for advocates here , to controvert the laws of england , and to make their owne constructions of such things , that they doe not understand . contracts in england , by subjects of the crowne of england , touching their owne interest ▪ are not to be interpreted by the people of another nation . although pergens and boudaen , with their confederates , have indeavoured to defraud the kings subjects , of their goods , yet they cannot defend themselves from the reach of the kings laws and statutes of his kingdoms . it is not very materiall whether the sons and heires of peter boudten , doe account with george carew , as administrator , appointed by the prerogative court of england , or as he is impowred by the commissioners upon the statutes aforesaid . they must make a discovery by one meanes or another what is become of the 122139 £ sterling , that sr. peter courten is charged with by the bookes of sr. william courten , and the account thereof taken out of the books that were kept by mr. john moncy , wherein it is most evident , that sr. peter courten died much indebted to the stock in partnership , which came into the hands of peter boudaen deceased . now follows the vindication of george carew , in his quality , and caracter , and the severall proceedings , upon his administratons and assignments on the estates of sr. edward littleton , sr. william courten , and sr. paul pyndar . altho●gh it be not very materiall to the cause , to say any thing in the vindication of my self and family , or to answer those false allegations that rextoot and schotte used in their pleadings , by instructions of the boudaens , viz. that my obligations were false , and informations upon them . that i had no just pretence against sr. william courten or company . that all the actions brought against the boudaens were vexations . that i had no quallity as administrator of sr. will. courten . that i was an enemy to the states generall , and particularly to zeeland . that i was a person of noe consideration or family of worth . and finally that the oaths of english men , and scotch men could be gotten for four stivers a peice . all which being more of malice then matter , nevertheless , i shall truly demonstrate my condition and quallity as follow , viz. that i am lineally de●ended from the carews of anthony , a family from whence severall branches have continued knights in devonshire and cornwal ever since the conquest . that my great grandfather setled himself at wickham brooke , in the county of suffolke , at the desire of his wife , where he purchased 800. pound per annum to be neare her relations . that my father was educated at oxford , and had his own election after he was master of art , to follow what study he pleased , who chose divinity , and then maried with mrs. frances gosnold my mother , who was the daughter of robert gosnold of otley hall , in the county of suffolke esqr. that maried with the daughter of robert forth , of butley abby , in the same county esqr. where those two families had continued in honor and reputation in the service of their king and country 500. yeares and upward . that at the earnest request of the aldermen and common councel of london , ( who were upon the view and sale of severall lands in suffolke , which king james had granted for satisfaction of money , lent by the city ) my father was invited to accept the benefice of st. michaell in cornhill , over against the royall exchange , where he died , whose memory is very much esteemed throughout the city of london . that i was the second son of my father , after whose death my mother left me to my owne choyce , either to go to the university , or to follow any other imployment : whereupon i made severall essays in the city of london , and spent divers sums of money to noe purpose , being averse to trade . then i admitted my self a studient of graeys inn , where i spent my time during the space of nine yeares in the exercise of the common law. that my first wife was the only daughter of william walton , a turkey-merchant , who had lent at severall times to sr. william courten and sr. paul pyndar , the sum of 7000. pound sterling . and she was ( bona fide ) worth 5000. pound , besides all the obligations due unto her father , which were assigned to me by william walton esqr. her only brother , in satisfaction of her right . that my second wife was the daughter of john cole of whichampton , esqr. principall register unto sr. julius caesar , that was master of the rolls . her portion was 900. pound sterling , and 80. pound per annum in lands , and tenements for ever . that upon the kings restauration anno 1660. i was admitted and sworn one of the gentlemen of his majesties most honorable privy chamber , being actually seized and possessed of an estate of inheritance to the valve of 500. pound per annum , as by the certificates following all these particulars more plainly appeares . that all the obligations under which i claime , and all the prosecutions thereupon , are matters of record , and such iudiciall ●cts , that vindicates my person and quality to all the world , as hereafter is also further declared by the very records extant . wherefore the said advocates , and their clyants , ought to be condemned in good dammages , for those nationall affronts , and personall injuries , that in other countries , are not committed without most severe chastisements . op huyden den xxiv . iuly 1675. compareerde voor my arnoldus rijcx openbare notaris by den hoogen raade in hollandt geadmiteert / ter vere in zeelandt residerende / de heer george carew schilt-knaap van richmond in het graafschap van surrey , in het koninckrijck van engeland , ●e kennen gevende / dat mr. john moncy koopman in londen / by sijn testament ende uytterste wille gedateert binnen middelburgh in zeelant den 17. october 1631. heeft gegeven ende naergelaten ( gelijck breeder daer in is te sien ) eene somme van duysent ponden sterlinex / aen willem courten schilt-knaap / soon ende erfgenaem van den overleden sr. william courten ridder / welcke tot noch toe niet en is beta●lt by de gepretendeerde executeuren van den voorsz . john moncy ofte yemant van de selve / ter oorsake van diversche differenten die ontstonden wegens het capitael en rekeninge van de vernootschap in den handel ongeliquideert tusschen sir william courten , sir peter courten , ende john moncy , ten tijde van haer overlijden respectivelijck / waer in de voorsz . sir peter courten schuldigh was op rekeninge aen her capitael / eene somme van een hondert twintigh duysent ponden sterlinex en daer boven / zijnde penningen gelicht op intrest / op het credit van sir william courten , en sijn soon / mitsgaders mr. john moncy , 't welck by wissel was geremitteert aen de voorsz . sir peter courten , gelijck by de copyen authentijck van de selve rekeninge blijckt / blijvende de selve penningen al 's noch onvoldaen aen vele weduwen en weesen in groot brittange / en in andere plaetsen van sijn majesteyts koninckrijcken . en nademacl peter boudaen zal r. koopman binnen middelburgh , noemende hem selven erfgenaem van den staet ofte boedel van meergemelten sir peter courten ende john moncy , hem selven verbonden heeft ( ac h●ervolgens eene sententie ges●reckt ende gepronuncieert voor den hoogen raade in hollant in den iare 1657. ) aensprekelijck te zijn voor het voorsz . legaet en intrest / mitsgaders alle andere pretentien van wat nature die soude mogen wesen / ● en gemaeck● werden op de nalatenschappen van gedachten john moncy , en werdende den voorsz . william courten de jonge in het jaer 1643. insolvent / ende do ot in rechte / soo hebben de commissarisen / genomineert ende gestelt zijnde tot uytvoeringe van een commissie onder het groot zegel van engeland / gegrontvest op de wetten en statuten gemaeckt aengaende banckeroetiers / by hare acte in geschrift van dato den 30. april 1662. het voorsz . legaet van duysent ponden en alle andere sommen van penningen / schulden / rechten / en pretentien / hoe die soude mogen wesen den voorsz . william courten aenkomende / geassigneert en getransporteert aen sir john ayton , voornaemste edelman en kamer-bewaerder van sijn majesteyt van groot brittanje / en meester van de swarte roede / charles whitaker , en aen den heer comperant george carew schilt-knaap / gelijck de selve acten klaerlijck ende in 't breede uytwijsen / zijnde die geregistreert ten comptoire van major wright ende john daniel , openbare notarisen tot londen . wijders / dat aengesien de heeren johan boudaen , pieter boudaen , walter boudaen , hendrick boudaen , abraham biscop in huwelijck hebbende vrouw catharina boudaen , ende constantia boudaen , sonen ende dochters van meergemelten heer pieter boudaen aensprekelijck zijn al 's erfgenamen van haren heer vader zaliger / voor het gedachte legaet metten intrest van dien / soo heeft den heer comparant my notario versocht / dat ick my soude willen vervougen aen welgemelte heeren ofte yemandt van den selve / ende haer ed. uyt sijn heer comparants naem ende van sijnent wege / mitsgaders al 's gemachtigde ende geauthoriseert by welgemelten sir john ayton ende charles whitaker , afvorderen betalinge van de voorsz . een duysent ponden sterlinex metten intrest van dien jegens vijf per ct o. in 't iaer sedert den iare 1632. bedragende te samen ter somme van drie duysent een hondert en vijftigh ponden sterlinex / ofte in cas van refuys / suffisante redenen waeromme de voorsz . somme in maniere al 's voorsz . niet en behoorde betaelt te werden / ende by weygeringe van dien / dat ick notaris jegens de selve soude protesteren / gelijck den heer comparant in sijne qualiteyt wel expresselijck is protesterende by desen / van alle kosten / schaden ende intresten daer door geleden ende noch te lijden / omme alle de selve te verhalen daer ende soo hy heer comparant te rade werden sal . verder heeft den heer comparant my notario versocht dat ick de opgemelte heeren soude insinueren ende bekent maken / al 's dat by comparant begeerigh en genegen is / om een eynde te hebben van alle verschillen / rakende de boedels van sir william courten , sir edward littleton , ende sir paul pyndar , en te vermijden alle verdere onheylen ende moeyelijckheden / die daer uyt noch soude mogen spruyten / en daer toe bereyt en gewilligh is om alle de differenten en dispuyten de selve boedels rakende / te refereren aen twee neutrale / bequame ende eerelijcke luyden / uyt yder natie om de selve te arbitreren / composeren ende finalijck te determineren / geduerende dese jegenwoordige vacantie / ende in cas van verwerpinge van dese billicke presentatie / dat ick notaris in maniere al 's vooren jegens de selve soude protesteren van alle kosten / schaden ende intressen / die daer door soude mogen werden veroirsaeckt / versouckende hier af te hebben acte in forma om sijne bereytwilligheyt ten go●de / en onwilligheyt tot verdere proceduyren / te toonen daer en soo hy te rade werden sal / benevens het relaes van mijn wedervaren / in kennisse der waerheyt dese geteyckent binnen middelburgh , date al 's boven . en was geteyckent , george carew . op den voorsz . 24. july 1675. hebbe ick arnoldus rijcx my getransporteert ( geassisteert met de ondergeschreven getuygen ) ten huyse ende aen den per●oon van de heer pieter boudaen . en sijn edelheyt de voorenstaende insinuatie by lecture gedaen , die my notaris tot antwoorde gaf , ick hoore en sie , en ick versoecke copye vande selve insinuatien ende protesteren , die ick sijn edelh t. oock hebbe behandight , en jegens den selven heer boudaen geprotesteert , conform de voorenstaende last , zijnde dit alsoo mijn relaes ende wedervaren . aldus gepasseert binnen middelburgh , present iohannes vinckaert , en aaron wright al 's getuygen , die de menute behoorlijck hebben onderteyckent , date al 's boven . quod attestor arnoldus rijcx , notaris publ. a en den hoogen rade in 's gravenhage . vertoont met alle behoorlijck respect ende eerbiedigheyt george carew schilt-knaep van richmond in het graafschap van surrey , in het koninckrijck van engeland , administrateur van alle de goederen , effecten , haven , vee , rechten , schulden , ende crediten , van sir william courten zaliger ridder , ( gelijck by sijne uytterste wille hier annex blijckt . ) hoe dat hy suppliant in sijne voorsz . qualiteyt al 's administrateur , ( tot sijn groote schade ende verlies ) vele jaren achter den anderen proces heeft gevoert voor de ordinare vierschare voor b b , en s s. der stadt middelburgh , ( in der tijdt zijnde ) op ende jegens de heer pieter boudaen zaliger , gewesen koopman ende bewinthebber van de geoctroyeerde oost-indische compagnie tot middelburgh , en des selfs erfgenamen , omme sekere rekeningen gestatueert ende geliquideert te hebben , die al 's noch zijn openstaende ende ongesloten tusschen den suppliant ende de erfgenamen van den voorsz . pieter boudaen , wegens de societeyt in den handel ende commercie die geweest is tusschen sir william courten , sir pieter courten , ende iohn moncy , alle koopluyden , gelijck by het vertoogh hier annex op den 8. february 1675. aen burgemeesters ende schepenen der selver stadt middelburgh gepresenteert , naerder te sien is . wijders , dat niet jegenstaende den suppliant hadde geexhibeert sijne brieven van administratie onder 't zegel van den prerogativen hove van engeland ( zijnde een soo wettigen acte ende bewijs de welcke by alle andere recht-bancken van de gansche weereld wert geapprobeert ) soo hebben de gemelte heeren burgemeesters ende schepenen op den 20. february laestleden , geordonneert dat den suppliant moeste verzorgen andere acten authentijcke uyt het register van den prerogativen hove van engeland voornoemt , behelsende dat william courten soons-soon van sir william courten hadde geconsenteert in de gemelte brieven van administratie , ende die in rechte van waerden verklaert , al 's mede dat de rechters van de prerogativen hove de selve hadden geratificeert , en insgelijks , dat den suppliant daer by was gemachtight ende geauthoriseert omme de goederen ende effecten van sir william courten op te lichten ende te ontfangen , welcke acten den suppliant met de explicatie daer over van den prerogativen hove vervolgens heeft geprocureert ende versorght , ende op den 19. juny daer aen volgende versocht dat sententie daer op soude werden gedecerneert , waer op abraham smith procureur van de verweerders heeft versocht prolongatie voor den tijt van veerthien dagen , dat by de heeren commissarisen is gegeven , op dat al 's dan sonder eenigh verder dilay by de heeren van wette mochte werden recht gedaen ende sententie gevelt . niet jegenstaende alle 't selve ende naer expiratie vanden gelimiteerden tijt , soo i st , dat ( ian van rijmsdijck des suppliants procureur versoeckende recht ) den meergemelten abraham smith op den vijfden laestleden , een andere frivoleuse ende impertinente exceptie heeft geproponeert , seggende , dat alhoewel het by de selve acten van den prerogativen hove van engeland konde blijcken dat des eygenaers qualiteyt suffisant was , niet te min soo en konde hy egeene actie instituëren omme de goederen van den voornoemden sir william courten d'oude te recouvreren , vermits des selfs soon , die in sijn leven vele jaren achter den anderen al 's executeur had geadministreert , mitsgaders dat den selven sir william courtens staat is gedescendeert op sijn soons-soon william courten , den welcken daer over sijn recht behoorde te vervolgen , willende alsoo de wetten ende rechten van engeland dooden ende te niete doen , ende de administrateuren benemen het recht tot het recouvreren van de goederen ende middelen uyt de handen van hunne debiteuren , strijdigh jegens de eygenschappen van de wetten ende gemeene recht , en dienende tot verdervinge van alle onderlinge gemeynschap , ende in 't particulier tot ruïne van vele engelsche , die diversche groote sommen van penningen hebben geleent aen meergemelten sir william courten , die in het capitael van den handel in societeyt ofte vermintschap generalijck zijn geemployeert , waer vooren oock de boedels van sir vvilliam courten , sir pieter courten , en iohn moncy ( berustende in de handen van de erfgenamen van opgemelte pieter boudaen ) aensprekelijck zijn , met welcke ende diergelijcke andere impertinente voorgevingen den suppliant van tijt tot tijt is afgestelt , sonder sententie te konnen bekomen , die wel hadde behoort over vele jaren by den voornoemden gerechte uytgesproken te zijn geweest , echter blijven sy van sulcx te doen in gebreke , niet jegenstaende alle des suppliants sollicitatien en vruntlijke aenmaningen ten dien eynde gedaen . derhalven keert hy suppliant sich tot u ed : mog : versoeckende u ed : mog : mandament van evocatie in communi forma , ende burgemeesters ende schepenen der stadt middelburgh , om de saack sonder uytstel ten eynde te brengen , ofte in cas van geen terminatie van de voorsz . saack van gemelte gerechte sekere dagh binnen een korten gelimenteerde tijt te prefigeren , dat dage gedaen zijnde parthyen mogen werden gehoort voor u ed : mog : , en alsoo by u ed : mog : mach werde recht gedaen , naer bewint van saaken . den 2 september 1675. 't welck doende , &c. aen de ed. achtbare heeren regerende burgemeesters ende schepenen der stadt middelburgh in zeelandt . vertoont met aller ootmoet george carew schilt-knaap by den prerogative hove van engeland , gestelt tot administrateur van alle de ongeadministeerde goederen ende effecten van william courten , ridder , in sijn leven woonende tot londen , al 's by de brieven daer van zijnde , met sijn testament daer annex . 1 dat willem courten , ende pieter courten ridder / in sijn leven gewoont hebbende binnen deser stadt middelburgh , mitsgaders jan de moncy in sijn leven koopman tot londen voorsz / over de dartigh iaren t'samen genegotieert hebben in compagnie / op verscheyde gewesten des weerelts 2. dat de reeckeningen van de voorsz . negotie / in geen veerthien iaren voor het overlijden van de geseyde compagnons en zijn geliquideert / noch eenigh sloth daer van gemaeckt t'sedert het overlijden van gemelte willem courten , die daer inne de helft was heriderende / ende op sijn uytterste verklaerde / dat een groot gedeelte van sijn middelen wa●en berustende onder pieter boudaen koopman al 's erfgenaem van pieter courten , die de generale boecken van de selve negotie heeft gehouden / ende waer van den voornoemden pieter boudaen hem heeft gepossedeert / mitsgaders van alle de middelen . 3. dat den suppliant george carew in sijn voorsz . qualiteyt in den iare 1662. by procuratie machtigh gemaeckt heeft jaques boevé koopman al 's doen woonachtigh hier ter stede / omme de geseyde yekeningen te liquideren / ende te ontfangen soodanige somme van penningen al 's bevonden mochten werden aen de voornoemde willem courten toebehoorende / tot wel●ken ey●de hem geaddresseert hebbende aen de voornoemde pietet boudaen , met versoeck van sulcks te willen laten doen tot gemeyne kosten / maer 't selve weygerende / soo was hy genootdruckt op den 6. september 1662. hem voor desen achtb. gerechte al 's doen te betrecken / ende te concluderen / dat den voornoemden pieter boudaen soude werden gecondemneert alle de boecken / reeckeningen ende andere bescheyden rakende de voorsz . compagnie / te consigneren ter secretarie / ofte andere neutrale plaetse / omme inspectie daer van genomen / ende reeckeninge te formeren tot gemeene kosten / waer op alvooren t'antwoorden / cautie ge-eyscht zijnde / soo hadde gemelte boevé notariale acte daer van gemaeckt / ende niet jegenstaende hy al 's doen burger ende ●nwoonder tot middelburgh was / soo hebben burgemeesters ende schepenen gelieven te ordouneren dat naerder cautie soude werden gestelt / 't welck niet gedaen zijnde / ende den ●or●logh nagevolght / is d'heer boudaen korts daer aen komen t'overlijden . 4. dat naer 't overlijden vanden voornoemden pieter boudaen , de● suppliant verscheydemalen metter minne hem geaddresseert heeft / aen johan ende pieter boudaen , sonen / ende erfgenamen / van den voor●s . pieter boudaen haren vader / ten eynde de voorsz . rekeningen gestateert en geliquideert mochten worden tot gemeene kosten / die 't selve mede geweygert hebben te doen / waer door den suppliant genootdruckt is geworden in de maent van mey laestleden sich erpresselijck te transsporteren alhier binnen middelburgh , omme de voorsz . saecke voor v e. achtbaerheden hangende te vervolgen / ende dien volgende / op den 18 iuny 1674. hun ( te weten / de kinderen ende erfgenamen van pieter boudaen voornoemt ) 't gunt voorsz . doen insinueren door den notaris johan duyvelaer , nochmaels versoeckende dat de geseyde reeckeningen mochten werden vereffent / 't zy metter minne / ofte gerechtelijck / dewijle hy suppliant expresselijck daerom alhier was gekomen / protesterende ( in cas van obstinaetheyt ) van alle kosten / schaden / ende interessen alreede geleden / noch te hebben / ende te lijden / op alle de welcke den voornoemden johan ende pieter boudaen alleen voor antwoort gaven dat zy hoorden eude sagen . 5. dat den suppliant al 's doen de voorsz saecke door sij● procureur jan van rijmsdi●ck wettel●ck heeft doen vervolgen / tegens johan ende pieter boudaen , mitsgaders de vordere erfgenamen / ende voorts cautie gestelt / ende by v e. achtbaerheden aengenomen / voor de ●osten . 6. dat den voornoemden johan ende pieter boudaen , cum suis naer citatie ge●ompareert he●bende / soo heeft den suppliant ( naer exhibtie van brieven van administratie onder 't ●egel van den prerogative hove van engelandt / met het testament van willen courten , ridder / daer annex / omme te doen blijcken van sijn qualiteyt ) dagelijcx gesolisiteert dat sy-luyhen so●den antwoorden ten principalen . 7 dat naer veel aenhouden den voornoemdedn johan ende pieter boudaen , cum suis , door haer procureur abraham de smit op den 16 september 1674. omme de saecke slepende te houden / seer inpertinent in scriptis ontkent hebben dat den suppliant al 's eysscher is hebbende de qualiteyt soo hy ●●ch ten processe adscribeert / ende mit●dien geproponeert exceptie van non qualiteyt / strijdende ●egens d'ordonnantie op het procederen voor de weth dseer stadt middelburgh art. 47. 8. dat den suppliant daer op een expres naer engelant heeft gesonden / ende aen den rechter van den prerogative hove verthoont copye van de voorsz exceptie / die gehouden wiert ●seer irregulier te zijn / ende omme v e. achtbaerheden buyten twij●●el te stellen van de wettige qualiteyt van den suppliant / omme te administreren alle de effecten van den boedel van den voornoemden willen courten , ridder / soo is dien aengaende superabundanti geproduceert een certificatie geteyckent door verscheyde practiznus ende notarisen vanden voorsz . hove in date den 9. o●ober 1674. 9 dat in gevolge den suppliant dagelijex gesoli●iteert heeft ten eynde v e achtbaerheden gelieve de geproponeerde exceptie al 's frivool te reje●teren ende de gedaeghdens te condem●eren omme alle de voorsz . boecken / reeckeningen ende andere bescheyden rakende de voorsz . compagnie wae●inne hy soo merekelijck in sijn qualiteyt is ge●n●ereffeert / alhier ter greffie ofte op een neutrale plaets te consigneren / ende des te meer / nademael den supplant twee ervaren boeck-houders expresselijck alhier heeft doen komen / omme de selve te inspecteren ende een reeckeninge daer uyt te formeren ende alsoo verscheyde onderdanen van sijne majesteyt van groot brittannien , merckelijck hier in ge-intresseert zijn , ende particulierlijck de crediteuren van sr paul pindar , die aen sr. willem courten ridder , korts voor sijn overlijden verstreckt hadde dartigh duysent ponden sterlinx capitael omme sijn equipagie op oost-indien voort te setten , doch dese dillayen beswaert , met noch andere onwaerdigheden de judicature van engelandt aengedaen ( gelijck sy berecht zijn door rechts-geleerden ) in de saecke van hester white , die wettelijck gestelt is tot adminstratice over den boedel by jan moncy naergelaten . dieshalven versoockt den suppliant seer ootmoedelijck dat u e. achtbaerheden gelieve op 't gunt voorsz . expiditie ende recht te willen administreren , naer merite van de saecke , tot satisfactie van alle ge-interesseerde persoonen , 't welck doende , &c. actum binnen middelburgh den 8. february 1675. door my george carew . the earle of arlingtons certificate . these are to certifie , that george carew esqr. is sworne and admitted his majesties servant , in the place and qualitie of one of the gentlemen of his majesties most honourable privy chamber , to enjoy all rights , priviledges , advantages , and preheminences thereunto belonging : given under my hand and seale this 25 th day of february 1974 / 5. in the 27 th yeare of his majesties reigne . arlington . translaet . desen dient om te certificeren , dat george carew schilt-knaep , is beëdight , ende geadmitteert tot sijn majesteyts dienaer in de plaets en qualiteyt van een vande edel-luyden van sijn majesteyts alder eerwaerdighste secreete kamer , omme te genieten alle rechten , privilegien , voordeelen en uytnementheden daer toe dienende en behoorende . gegeven onder mijn handt en zegel desen 25. dagh van february 1674 / 5. in het 27 ste jaer van sijn majesteyts regeringe . was geteyckent arlington . in margine stont een signet gedruckt in rooden lack. getranslateert uyt het engelsch inde nederduytsche taal , en bevonden mette originele in substantie te accorderen , binnen vere , den 27. iuny 1675. per me arnold rijcxs not. pub. a certificate concerning m r. carews estate , from his steward , and servant . these are to testifie unto all people , unto whom this writing shall come , that george carew , of richmond in the county of surry , in the kingdome of england , esqr. at present residing in middelburgh in zeeland , upon severall suits and process at law there depending , hath severall lands , houses , tenements , and hereditaments , in the county of suffolke , essex , london , dorsetshire , and surry , whereof he is seized , and possessed to the value of 530. pound per annum , besides the improvments , that may be made thereuppon . in witness whereof we have hereunto set our hands , at london this 26 th of march 1675. in the 27 th yeare of our soveraigne lord king charles the second . iohn exall . aaron wright . a certificate from the reader and benchers of grays inn. these are to certifie unto all persons whom it may any ways concerne , that george carew of richmond in the county of surry , esquire , oue of the gentlemen of his majesties most honourable privy chamber ; was admitted into this society of grayes inn , on the 23. of june 1653. in testimony whereof we have hereunto set our hands this 26. of february 1674 / 5. and in the 27 th . yeare of king charles the second . thomas holt lect●r . robert raworth . iohn otway . fr. luttrell . it is expedient , to give a more particular narrative of my proceedings , with sr. edwad littleton , and the commissioners upon the statutes against mr. courten , from the yeare 1650. unto the yeare 1660. and after the kings restauraton , to give an account of my administration to this day , since mr. rextoot ( as he says ) was instructed to declare , that i had noe pretence against the estate of courten , or the executors of peter boudaen , but upon false actions . in the yeare 1651. sr. edward littleton being retired , and resolved to end his days , silently amongst the mountaines in wales , i found him out at phinant in montgomeryshire , by the directions of dr. littleton his brother . and after some time spent with him , where he was lamenting his misfortune , how he became ingaged with his brother in law , william courten , for 60000 pound sterling and upwards , principall debts . and that he was sequestred by the parliament , for serving the king. that his owne unsetled estate , was ordained to be sold , by a committee at worcester house , for want of friends , to compound , or to redeeme it . sr. edward littleton then offered to assigne over unto me all his right and intrest in the lands , ships , and stock in india , that william courten had granted him for his indempnity ; provided i would covenant to pay proportionably , with my owne debt , such other particular friends of his , that had continued their monies at intrest , in the family of courten , or lent other monies upon sr. edward littletons credit , and obligations , which amounted unto 30000. pound or thereabouts , which i promised to doe , after i should be well informed of the value of the ships , and lands ; and the incumbrances thereupon . in the yeare 1652. i spent three moneths time amongst the tenants and others , in the counties of worcester , and gloucester , where the lands and tenements were situate , and found upon inquiry , that every acre was preingaged and mortgaged , before that mr. courten , had granted them unto sr. edward littleton , and by computation , also found , that most of the persons , unto whom the lands were mortgaged ( exceping the joynture-land ) demanded more principall money , interest , and damages , than the lands were really worth . and that the ships and stock in india , was ingaged to sr. paul pyndar , as a further security for payment of 24800. £ . part of the money lent unto sr. william courten , in the yeare 1635. when he first entred upon the east-india trade . in the yeare 1653. at the request of sr. edward littleton , i made another journey into wales , where i made a contract , and agreement with sr. edward littleton , concerning the said lands , ships , and stock , that they should be granted unto me , or such persons as i should appoynt , towards satisfaction of the debts , unto my self and the persons following , provisionally , that such grants , should not prejudice me , nor the other creditors in our further right , against any other person , or persons whatsoever , that were any wayes obliged , or lyable to satisfie the said debts , or any part thereof : ( excepting only the heyres of sr. edward littleton ) whereupon severall grants and coveyances of sr. edward littletons right , and equity of redemption , were made , on the 23. of april 1653. unto me the said goerge carew , and my trustees , of and in the manors , lands , and tenements of severne stoke , pyrton , annton , eversham , upper swell and lower swell , and all other lands , in the counties of worcester , and gloucester , to them belonging , that were granted to sr. edward littleton , by william courten , as aforesaid , and severall other deeds declaring the trust , covenants , and agreements , were also then executed accordingly , with a schedule of the principall debts annexed the●eunto , as follows , a cattalogue ( of some part ) of s r. edward littletons creditors .   £ to sr. robert thorold for the principall debt of 2000. to sr. peter richaut for the principall debt of 1000. to sr. david watkins , 1500. to eusebius mathews , 2000. to the earle of shrewsbury 2500. to iosina calf . 1500. to sr. anthony van dijke , 1500. to sr. george whitemore , 1000. to sr. william whitmore , 0500. to thomas abberly , 1500. to robert davies , 0600. to edmond hamond , 1600. to william , and susanna walton , 3000. to thomas more , 2400. to iohn gifford , 1000. to william bagott , 0600. to alice walcott , 1000. to ieremy elwes , 1250. to sr. robert ayton , 2500. to sr. peter van lore , 1500.   30450. memorandum , that severall of these summes of money were the proper debts of the company , for which the stock is lyable , that rests in the hands , of the heiret of peter boudaen deceased . then mr. carew entred his claime before the commitee at worcester house , on the behalfe , of himself and the creditors , to have an allowance thereof , for that it was not an estate subject to any forfeiture , for any delinquency of sr. edward littleton , which , with much difficulty , and expences , was exempted by speciall order of the said committee . then iames winstanley , george cotton , richard norton , and the rest of the commissioners , appoynted to execute the commission against william courten , entred upon the lands , and brought their writts of ejectment , on the behalfe of the generall creditors ; pretending that william courten was within the compass , true meaning , or intent of the statutes against banckrupts , before he had granted the said lands , or any right or interest therein , unto sr. edward littleton , and therefore , that the right and equity of redemption belonged to them . in the yeare 1654. george carew , to avoyde all disputes and controversies , contracted with the said commissioners , to give them 2000. pound serling , for their pretended title and interest , which they claimed , on the bebalfe of the generall creditors , that sought relief by the said commission , whose debts amounted unto 128000. pound sterling , which was granted and conveyed by the consent of the major part of them , unto the said george carew accordingly , but withall they ingaged the said george carew , in articles and covenants , that he should at his owne proper costs and charges , bring the heires , and executors of sr. peter courten , and iohn moncy , ( partners with sr. william courten , ) to account for the stock that was in the trade of partnership , that belonged to sr. william courten , and to recover the same , which should be divided , in equall shares and proportions , between the generall creditors , and those particular creditors that mr. carew was intrusted for , by sr. edward littleton as aforesaid . in the same yeare 1654. mr. carew contracted with the lord coventry , and others for the purchase of the said lands , and to procure , a fine from william courten , the son and heyre that was in italy , for which 4000. £ was to be given out of the purchase money ; but before the commission was re●urned out of italy , and the fine executed , william courten died in florence , in the yeare 1655. then all things by agreement rested in statu quo , untill william courten , the grand-child came to age , who afterwards , joyned in fines to the lord coventry , to mr. carew , and others , which payd courten considerable summes of money , to end all debates , although he had no right thereunto . soone after , severall of his fathers , and grandfathers creditors ( comeing to the knowledge thereof ) brought actions against him , as heire at law , and arrested him ; others exhibited bills in chancery against him , unto all which he pleaded , that he was neither heire , executor , or administrator , or claimed any thing from their estates ; what was paid to him , was ex dono & g●atia , and not ex iure . yet to avoyd all further cavills , he absented himself , out of england , and is resolved to live upon that money , in a strange land , and not to demand any thing , additione haereditatis , as heire to his father , or grandfather . an account of the monies raised by sale of the lands .   £ the equity of redemption of severne stoke , ( that was mortgaged to mr. daniel harvey ) sold unto thomas lord coventry , for 1200. the equity of redemption of upper swell and other lands ( that were mortgaged to mr. john rushout ) sold to sr. james rushout his son , for 0300. the equity of redemption of lower swell , ( that was mortgaged to mr. giles carter ) sold to sr. robert atkins , for 1600. the mannor of pyrton , in possession sold to thomas lord coventry , for 7500. the mannor of evesham in possession sold to mr. rudge , for 7500. the mannor of annton in po●●ession sold to mr. thomas foly , for 3600.   21700.   £ whereof mr. carew deducted , that he payd to the commissioners 2000. and 7400 £ payd to mr. courten , with all other incident charges 7400.   9400. mr. carew , addressed himselfe againe in the yeare 1656. unto sr. edward littleton , with a report of all his proceedings , who then delivered mr. carew , the originall bill of sale ( dated 26 th . of aprill 1642. ) of the ships , goods , and fraights , transferred unto him by mr. courten , as aforesaid . and assigned , all his right , and equity , therein unto the said george carew , for further satisfaction of the persons aforesaid , after the severall assignations , should be discharged unto sr. paul pyndar , according to the deed , dated the 19. of december 1642. before mencioned . after these transactions , all things continnued without further prosecution , in regard of the severall changes of government , untill the kings most happy restauration . then the creditors renewed the commission ( against the estate of william courten ) under the great seale of england ; whereupon mr. carew , and the commissioners had several meetings , and consultations together , who tooke new measures from all the former inquiries , and examinations , made after the estate of mr. courten . then divers debates did arise concerning such a vast corporation of credi●ors , who valued their de●ts . interests , and damages ( of sevrrall natures ) to amount unto 400000. pound , and upwards , many of them being executors , that could not abate any thing of their principall and interest . and some persons having lent their monies upon the credit of sr. will. courten , and company ( long before the death of sr. peter courten , and john moncy ) insisted to have satisfaction out of the estates of the company . others that had the colaterall security of the earle of bridgwater , and david goubard , would not contribute to the commission against courten , but expected satisfaction , from the earle of bridgwater , which proved otherwise : for that upon their addresses unto him , for their money , he excused himselfe , that it was none of his debt . that he was deceived in the estate of mr. courten , and expressed himselfe in these very words , at his house in barbican . that he would not fry in hell for his owne debts , wherefore he had taken care , and setled some lands for the payment of them ; but as for mr. courtens debts , he would not concerne himselfe therewith : yet his son , the earle of bridgwater , that now is , hath had much trouble , concerning the same . now the king of great brittaigne being crowned at westminster , all his subjects made no doubt of procuring satisfaction for civil actions at law , against the inhabitants of holland and zeeland , upon private differences ; as also for damages , that they had suffered by spoyles and depredations . whereupon they made their applications , expecting respective protections , and reliefe , from his majesty accordingly . briefe relations whereof are mencioned / in the continuation of the case betweene sr. w. courten , his heires and assignes , and the east-india company of the netherlands . and the peticion of george carew , james boeve , and john white , to the commons in parliament , with the 36. articles annexed . which are placed in order at the latter end of this booke , unto which i refer you . in the meane time i will give you some positions of law , with the particular proceedings , in the case depending upon the accounts , and also severall copies of letters , and answers relating thereunto : and likewise some speciall remarkes , of fraud and malice , in the practises of boudaens , and pergens , and then conclude . many debates still arising between the creditors , concerning the different natures of their debts . it was agreed , that administration , of sr. william courtens estate not administred , should bee taken out by mr. carew , to prosecute those persons that injoyed the effects thereof , beyond the seas : whereupon william courten the grandchild was cited to appeare , who refused . so administration was granted , on the fourth of july 1660. to the said george carew , with the will annexed . then mr. iohn madden of westminster , addressed himselfe , to mr. carew , to be satisfied a debt of 1000. pound , due from sr. william courten , upon a judgment obtained in the kings bench court , in the name of henery bringhurst , ( mr. maddens father in law ) in the yeare 1625. which very much surprised mr. carew , in regard he had some land lyable thereunto : wherefore he agreed with the said madden , to have the debt assigned unto him , that others might pay their proportions , who had any of courtens lands . whereupon richard dowdeswell an atturny , and steward to the lord coventry , maliciously combined with some other persons to question mr. carew , concerning the said judgment , and also to joyne with william courten the grandchild , to question mr. carews administration of sr. william courtens estate . and in order thereunto brought an information against mr. carew , in the crown office , pretending that he fyled the declaration , and bayle irregularly , that was to warrant the said judgment : which upon a full hearing , in court , and the verdict of twelve able sufficient men , mr. carew was acquitted , and found not guilty . soone after mr. carew brought his actions against the said dowdeswell , for conspiracy and slander , who insisted upon his priviledge , as a member in parliament , to avoyde any appearance ; whereupon mr. carew posted him ( upon the pillory , in worcester , and severall other market-towns , in the said county , where he lived ) for a false accuser , a lyer , and a most malicious person , that durst not appeare , to justifie himselfe , or his actions . and william courten the grandchild , upon mr. carews appeale to the king , in the case of his administration , ( whereupon a commission under the great seale of england was awarded , to deligates ) the said courten personally appeared , before the judge of the prerogative court , and there openly agreed , and consented unto mr. carews administration , and was also present in court , to see the same ratified , and judicially confirmed accordingly : all which proceedings , remaines upon record . and were very well known , both to the boudaens , and rextoot , who notwithstanding were so audacious , most falsely , maliciously , and impertinently , to alledge the contrary , in open court , before the magistrates of middelburgh , on the 20 th of february 1675. where exemplifications of the said records , were extant , to manifest the same . sr. william powell baronet , having administration of sr. paul pyndars estate , as a principall creditor , he applyed himself to mr. carew , in the yeare 1662. for satisfaction , of the money , that sr. william courten was indebted to pyndar , but he refused to prosecute joyntly with mr. carew , against pergens , or the east-india company of the netherlands , for the damages concerning the ships , bona esperanza , and henry bona adventura , although mr. carew was a creditor to the estate of sr. paul pyndar , and also had sr. edward littletons equitable interest in the said ships . wherefore mr. carew was necessitated to comply with sr. william powell , and mr. iohn whitfield , either to pay them , 2500. pound sterling , in ready money , to assigne the administration , or to acquit his prosecution , that he had begun at the hague , for those ships , upon the kings recommendation . then upon sr. william powells resignation , letters of administration , were de novo , granted on the 21 th of march 1661 / 3. to mr. carew , and afterwasds confirmed by decree in chancery . whereby mr. carew became legally intituled in right of himself and other creditors , unto all the goods , and chattells , debts , and credits of sr. paul pyndar , unto whom sr. william courten died indebted thirty thousand pound sterling , and upwards : yet the sons of peter boudaen , and rextoot , had the impudence to pleade , and publish in print , that mr. carew hath no just pretence to any part of s. william conrtens estate , or any quality to administer the effects thereof , and also , that all his estate was gotten by false actions . advertisement . if it may be freely spoaken , what judicious and impartiall men do apprehend , concerning the proceedings in this case . ( it is thus . ) they do no less admire mr. carews patience , then they doe commend his constancy , in prosecution of his right . and at the same time they cannot approve , the righteousnes of the boudaens ●●use , that have not in so many yeares , triumphed in their iustification against carews process . yet they doe blame some persons , in appearing to vindicate such frivolous exceptions of the boudaens , only to delay common justice . nay it is observable , that mr. carew does all things publiquely , in the face of the sun , while the lords boudaens workes underhand in darknes , by printing such lybels , that dare not appeare in the light ; although they are given to some magistrates , conjuring them not to part with the same , nor even to let them be seen , but by such persons , that are of their owne confederacy . these carriages , have taken such an impression in m●ddelburgh , amongst the burgers there , that all good men , who have come to the knowledge thereof , do looke upon mr. carew , with as much passion for his sufferings , as they looke ●pon the boudaens with regret for their ungodly dealings . saying , that iniquity would come to the height , if he that doth wrong , should sit upon the cushon , to do right ; or an offender become a burgermeester , to make the city of middelburgh , a priviledged place , as viana , and ceulenburgh , to harbour evill doers . positien , ofte stellingen in de wett , inde saeck van carew , contra boudaens . 1. william courten de jonge , en kan niet / noch en magh sigh niet bemoeyen / met de middelen van zijne groot-vader de ridder willem courten , additione haereditatis , om redenen / dat hy ridder / is gestorven veel meer schuldigh aen diversche persoonen dan al zijne middelen importeerden ; en schoon den prerogativen hove van engelant , hem courten de jonge / al 's administrateur hadde geadmitteert gehadt ; soo most het nootsaeckelijck wesen in autre droit , ten behoeve vande ridder paul pynder , en andere crediteuren / aen wien het ongeadministreerde deel vande middelen vande ridder courten , eygentlijck zijn toebehoorende . 2. noch en mach willem courten de ionge / zigh bemoeyen met de middelen van sijn vader van dien naem die insolvent gestorven is / naelatende hondert en acht-en-●wintigh duysent pondt starlinx schult : vermidts een resolutie of commissie volgens de wetten of statuten / jegens banckroeten ( even eens gelijck de kamer der desolate boedels hier to lande ) in volle kracht en vigeur is blijvende / tegens alle de middelen van zijn vader zal r. in conformireyt vande wetten van engelant , derhalven en kan willem courten de ionge / sigh selfs niet intituleren additione haereditatis , daer waerlijck in rerum natura , geen erfelijcke overblij●●els en zijn . 3. d'achtbare magistraet der stadt middelburgh , konnen onder correctie haer selven niet aensien of stellen / al 's competente rechters van de wetten en decreten van den prerogativen hove van engelant ; sy en konnen oock ( behoudens respect ) g●en andere constructien maken van de ordonnantien en costuymen van een souverayn● prins / anders / dan bekent zijn / en aldaer onder zijn●●ygen onderdanen gepractiseert werden : en alsoo daer thien duysent exempelen zijn / van brieven van administratte die in diergelijcke voorvallen / zijn gegunt en geprefereert : soo behoorden de verweerders erfgenamen drymaels over te be●alen de costen van 't proces / en dat voor de taedieuse ende niet min moeyelijicke delayen / wegens de flechte en frivole exceptien door hun ingebracht . salmen hun niet culperen , die sinisterlijck aen het goet van een ander soeckt te komen ? jae salmen hun voor onreedelijcke en oneerlijcke niet achten , die andere luyden hare goederen zijn houdende en gebruyckende , sonder d'eygenaers van de profijten te geven , of ten minsten rekeninge daer van gedaen te hebben ? en salmen met infamie niet teeckenen en brandmerken , al sulcke persoonen , die naer datse de middelen van andere onrechtveerdigh hebben gepossedeert , en tegen wil en danck dertigh jaeren langh gebruyckt gehadt , hebben noch al d'impudentie om niet alleenlijck sulx te loochenen en t'ontkennen , maer dat meer is , durven de justitie met getaende troonien in 't aengesicht kijcken , ende by haer boose resolutien persisteren , tegens positive bewijsen , en ware getuygenissen : soeckende met frivoole exceptien en gecontinueerde delaeyen tijt te winnen , daer 't nochtans onmogelijck is , de waerheyt , het recht en justitie te konnen overtuygen en wederstaen . de ridder willem courten , de ridder pieter courten , iohn moncy , en pieter boudan saliger , waeren allegaer ingesetenen en vrye denizons van engelant : ende gelijck bewesen kan werden , soo hebbenze uyt engelant getrocken en geremitteert £ 125000. starlincx , het welcke noch aen de onderdanen van engelant schuldigh is blijvende ; welcke crediteuren sonder hulp en remedie zijn , in the ordinary way of iustice , soo by aldien de wetten van engelant alhier tot middelburgh niet en sullen erkent en toegestaen werden . sr. william courten , sr. peter courten and john moncy , raised their credit by trading in company , and what moneys were lent to the company , the whole stock in trade is liable to discharge the debts , before any repartition can be made of the stock ; and sr. peter courten dying indebted £ 122139-10-6 . sterling to the account , it must be found and made good by those that are heires to his estate . if c. a stranger institutes his action at law against b. in amsterdam , before the magistrates in the ordinary court of iustice , and requires by his process , to have an account of £ 100000. that rests in the hands of b. a burger in amsterdam , where iustice was denied , or delayed , so long that b. and his heires became insolvent . quaere , whether the magistrates of amsterdam , are not lyable by the law of nations , to make restitution to c. for the said £ 100000. deb●and dammages or not ? fiat justitia , periat mundus . eysch gedaen by m r. george carew ter ordinaris rolle , contra d'heeren boudaens , den 17. iuny 1675. extract uyt d'ordinaire vroug-rolle deser stadt middelburgh in zeelandt . den procureur abraham de smit , over d'heeren ian , pieter , henricus boudaen , en abraham bisschop , versoeckt dagh , behoudens de exceptie in defentie . commissarisen fiat op versteecken , en voorts authorisatie om de vordere gedaeghdens te daghvaerden by missive te bestellen door coopmans boode , op aght dagen na de receptie . actum den 27. juny 1674. iacobus peckius junior . george carew , by den praerogativen hove van engelandt gestelt tot administrateur van alle de ongeadministreerde goederen , van wijlen d'heer willem courten , in sijn leven woonachtigh in de parochie van st. gabriel fanchurch tot londen , en in dier qualiteyt advojeerende de proceduren by jaques boeve , al 's gemaghtight by procuratie van hem george carew , in dese sake gehouden , ende sulcx eyscher contra d'heeren johan , pieter en mr. henricus boudaen , ende mr. abraham buscop , in huywelijck hebbende catarina boudaen , alle woonende binnen deser stadt . item d'heer mr. walterus boudaen , bedienaer des goddelijcken woorts tot amsterdam , en vrouw constantia boudaen , mede woonende tot amsterdam , te samen kinderen ende erfgenamen van wijlen d'heer pieter boudaen courten hun vader zaliger , die erfgenaem is gebleven , van wijlen d'heer pieter courten ridder , in dier qualiteyt gedaegdens , omme gecondemneert te werden de arnementen van den voorschreven processe te moeten aenvaerden , en tot dien eynde te moeten stellen procureur acceptant , en dien volgende met den eyscher in sijn voorsz . qualiteyt te moeten voort procederen , volgens de laeste retroacten , cum expensis , in cas van debat . extract uyt de ordinare rolle der stadt middelburgh in zeelandt . george carew qualitate qua eyscher , contra d'heer iohan boudaen cum suis , fol. 136. den procureur abraham de smit proponeert exceptie in scriptis . den procureur abraham de smit ontkent dat den eyscher is hebbende de qualiteyt , soo hy sich ten processe adscribeert , proponeert mitsdien de exceptie van non qualiteyt , concludeert tot admissie van de selve , ende absolutie van de instantie cum expensis . den procureur rijmsdijck dagh 26. september . 1674. extract uyt de ordinaris pleyt-rolle der stadt middelburgh in zeelandt . george carew qualitate qua eyscher , contra d'heer iohan boudaen courten , cum suis. burgemeesters en schepenen alvorens te disponeren op de geproponeerde exceptie , ordonneren den eyscher te exhiberen en overleggen een extract authentijcq uyt het register van het prerogatijf hof tot cantelberch , daer by blijcke dat willem courten soons-soon van de heer ridder willem courten op de● 15. juny 1664. voor het hof is gecompareert ende vrywilligh erkent ende bekent heeft , dat de brieven van administratie van de goederen , actien ende crediten van den voorsz . ridder willem courten ongereddet naergelaten , aen george carew eyscher in desen , wettelijck ende met volkomen kennisse van de saecke zijn overgegeven en toegekomen , ende dat daer op den rechter van het voorsz . prerogative hof de voorsz . brieven van administratie heeft geratificeert en geconformeert , ende dat de voorsz . george carew de macht ende authoriteyt daer by is gegeven om te eyschen , afvorderen ende ontfangen alle en yegelijcke goederen van den voorsz . willem courten , mitsgaders om alle processen over alle en yegelijck der selver goederen te mogen institueren , ende om het selve gedaen naeder ten principalen te werden gedisponeert soo al 's men sal bevinden te behooren . actum den twintighsten february sesthien hondert vijf-en-tseventigh . absente secretario , iohan pieter vanden brande . extract uyt de ordinare vroug-rolle der stadt middelburgh in zeelandt . george carew qualitate qua eyscher , contra d' heeren iohan ende pieter boudaen courten , cum suis. den procureur smitt versoeckt noch dagh van veerthien dagen . den procureur rijmsdijck , dat het versoeck sal werden ontseght . commissarisen fiat veerthien dagen voor alle dilay . actum den 19. juny 1675. absente secretario , iohan pieter vanden brande . extract uyt de ordinaris vroug-rolle der stadt middelburgh in zeelandt . george carew qualitate qua eyscher , contra d'heeren iohan ende pieter boudaen courten cum suis , f. 136. den procureur abraham de smitt over d'heeren verweerders en excipitien , gesien hebbende de naeder bescheyden in voldoeninge van het appointement van desen ed : achtbaren gerechte in dato den 20. february laestleden by den eyscher ge-exhibeert , seght dat schoon genomen by de selve eenighsints mochte consteren , dat de selve waren suffisant tot adstructie van de qualiteyt , die den eyscher sich al 's executeur van de pretense ongeadministreerde goederen wijlen willem courten den ouden bestaet te adscriberen , dat echter den eyscher uyt den hoofde van den selven willem courten den ouden geen judicium interderen kan , alsoo willem courten de jonge , desselfs gewesen soon , erfgenaem en executeur van den boedel van den voorsz . vvillem courten den ouden is gebleven , en den voorsz . boedel vele jaren heeft beseten , en geadministeert , ende den selven boedel van vvillem courten den ouden , additione haereditatis alsoo gevallen in den voorsz . vvillem courten de jonge sijnen sone , uyt wiens hoofde alleenigh souw konnen ende moeten werden geageert , concludeert midtsdien onder benefitie van de voorsz . middelen , en andere in tijden en wijlen nader , ist noodt , ten processe te deduceren , tot absolutie van de instantie cum expensis . den procureur rijmsdijck debatteert de middelen by die exceptie geallegeert frivool en impertinent , concludeert tot rejectie van de geproponeerde exceptie , en dat de excipitien sullen werden geordonneert illico nader en ten principalen te moeten antwoorden cum expensis . den procureur de smit persisteert voor replijcque . rijmsdijck voor duplijcque . actum den 5. july 1675. ende was geteyckent , iacobus p●ckius iunior . if advocates or procureurs in england or france , should pleade any thing maliciously or impertinently ( in a process ) reflecting upon the persons of their parties or their nations , which did not concerne the matter in issue ; they would have their ears cutt of their empty heads , or their tongues cutt out of their black mouths , when they come forth of the court. copye van sententie van den hoogen rade , in date 19. mey 1657. hester white alias de weyer , contra pieter boudaen courten . op de differenten geresen voor den hoogen rade in hollant , tusschen hester wythe alias de weyer , al 's by de bewaerders vande vryheyt van engelant , by authoriteyt van 't parliament aldaer / al 's administratrice gestelt zijnde / over den boedel ende naergelaten goederen / actien / ende crediten / van wijlen jan de moncy , in sijn leven koopman inde parochie van maria hil tot londen , inde selve qualiteyt / ende voor soo veel des noots / gemaghtichde van johan wythe , impetrante van mandament in cas van reformatie / ende verweerderesse ter eenre / ende pieter boudaen courten woonende tot middelburgh in zeelant , gederghde in 't voorsz . cas / ende requirant van twee requesten civile / beyde by voorgaende appointementen van desen rade geinterineert ter andere zijden . 't hof gehoort 't raport van commissarisen / daer vooren parthyen gecompareet zijn geweest / gesien proces verbael / stucken ende munimenten onder hen geexhibeert / ende op alles rijpclijck geleth / doende recht uyt den naem / ende van wegen de hooge overigheyt ende graeffelijckheyt / van hollant , zeelant , ende vrieslant , mits by den gedaeghde binnen den tijt van ses weecken / voor een commissaris van desen rade catagorice verklaert werdende / dat hy bereyts is in qualiteyt al 's uytten hoofde van sijne moeder erfgenamen van wijlen jan de moncy sijnen s●ief-vader te rechte te staen / aen allen den genen die tot laste vanden s●erf-huyse ofte boedel vanden selven jan de moncy , al 's crediteuren / legatarisen / ofte anders yets soude mogen hebben t'eysschen ofte te pretenderen / behoudens hem gedaeghde soodanige exceptien / ende befensien / al 's hem daer jegens soude mogen competeren ; welverstaende hy den selven eysscher ofte pretendenten niet en sal vermogen af te wijsen / onder pretext van de wetten ende coustuymen van engelant , ofte anders op eenige executeurs ofte administrateurs / die over de naergelaten boedel vande voornoemde jan de moncy soude moghen zijn gestelt / ofte op der selver erfgenamen / ende dat hy oock bereyt is aende voorschreven pretendenten ende eyschers te voldoen 't gene henlieden ter saecke voorschreven soude mogen werden geadjudiceert / verklaert in sulcken gevalle d'impetrante by 't vonnisse in questie te wesen niet bezwaert / ende in cas van weygeringhe ofte gebreecke vanden gedaeghde de voorschreve verklaringe in voeghen als-boven te doen ende te presteren / do et te niete het vonnisse in questie / ende doende in dien gevalle wijders recht / condemneert den gedaeghde ter griffie der stadt middelburgh te consigneren de boecken / reeckeningen ende bescheyden / onder hem gedaeghde berustende / aengaende de compagnie die geweest is tusschen de voornoemde jan de moncy ende pieter courten mitsgaders willem courten , omme daer van by de impetranten ende die van haren rade inspectie genomen / ende cen r●ecke geformeert te werden / in sulcken gevalle onvermindert ende ongeprejudicieert blijvende soodanigh recht al 's de gedaghde ofte yemant a●ders soude moghen hebben uyt krachte van alsulcke testamentaire dispositie al 's by de voorsz jan de moncy we●●eliijck souden moghn wesen gemaeckt / alsmede het recht vanden genen dewelcke ter contrarie soude willen sustineren den selven jan de moncy ab intestato ende sonder we●●ige testamentaire dispositie ovrrleden te zijn / ende compenseert de kosten vanden processe om redenen . gepronuncieert den xix den . mey xvi c. seven-en-vijftigh . in kennisse van my , j. coenen . den president ende rade , vanden hoogen-rade , over hollandt , zeelandt , ende west-vrieslandt , allen den genen die desen sullen sien , ofte hooren lesen saluyt , doen te weten , dat de voorenstaende sententie by den voorschreven hoogen-rade , tusschen de parthyen inde selve genomineert , op den xix . mey 1657. is gewesen . des ten oirconde hebben wy desen mettet cachet vanden op-gemelten hoogen-rade bekrachtight , ende onsen voorsz griffier geodonneert desen te onderteyckenen op den xxvj . augustij in 't jaer ons heeren duysent ses-hondert tseventigh . j. coenen . a copy of a letter writ by mr. george carew , in london , the 15 th of september 1670. unto mr. mark● fletcher merchant of middelburgh . sir , i received yours of the 29. of august last , wherein i understand that my procuration and papers are come to your hands . vnder your good favor , i did not send for your advice , nor for the opinions of any of your advocates in middelburgh . i am better able to informe my self in those poynts of law , then either you , or your advocates can resolve me . sir , i desired you , upon the recommendation of your good friends , alderman backwell and others , to make a demand of 3000. pound sterling , assigned upon the ship bona esperanza , and 2500. upon the ship henry bona adventura , with interest for the same at 5. £ per cent , since the yeare 1649. in persuance of those assignations made unto sr. paul pyndar , by sr. edward littleton and mr. courten , in the yeare 1642. which money is come to the hands of jacob pergens of amsterdam , who is responsible to me for the same by his own acts ; and if he should deny payment , then to commence a suite against him for the debt , &c. what you discourse concerning the treaty relates to matter of state , and not of law , or unto any mans particular rights in civill causes . no prince in the world can hinder his subjects from the ordinary course of iustice. in the extraordinary way , i shall take other measures , before other courts , as time shall serve . as to the accounts unliquidated , concerning sr. william courtens trade in company with sr. peter courten and mr. moncy , it is the interest of the boudaens to produce sr. peters bookes of the generall trade , to discharge what they may ; for i can give them a sufficient charge to the value of 122000. pound , that sr. peter courten stands indebted by the accompt . the plaine truth is , the greatest part of the stock in that trade , was with momes taken up at interest in england , and remitted from time to time unto sr. peter courten , for which the company had credit . and there cannot be any repartition of the stock , untill the debts of the company are payd , which are yet standing out to vast summes : neither can sr. peter courtens heires , take the benefit of other mens capitalls , without accounting for the same . it seems very strange to a corporation of creditors in england , that the boudaens should have their great houses , castles , and estates , when the courtens are banckrupts , leaving the debts of the company unpaid . what ill consequences they brought upon others by their fraudulent practices , about the ships , are obvious unto all wise men . and i feare these accounts will prove fatall to the boudaens and their family in the event , if they be brought into the house of commons , where there are many creditors of courten and company , who will not acquiesse to see so many thousand pounds sterling fraudulently drawne out of england by such people , to make up their fortunes , to kick against the kingdome . what concernes mr. boeve and mr. white , i leave to their owne care and conduct ; but what concernes the generall creditors of courten and company , and the particular creditors of sr. william courten and his son , i have double obligations upon me , to use my utmost dilligence therein , as administrator for the one part , and assignee of the commissioners against banckrupts for the other : and i shall be true to my owne resolution in both quallities , to drive on the business as far as it will go . sir , i perceive you apprehend , it may be prejudiciall unto your owne affaires , or inconvenient , to appeare against the boudaens ( in so just a cause ) that are of so base and dirty dispositions . but though i find so many arguments from you , to disswade me from prosecuting them . iustice must be done , although they perish . melior unus quâm unitas . the cause concerning the accounts , is aggrevated with so many circumstances of shifts , and delays , for 25. yeares together , that cannot be parralleld in the world. there wants now only a good advocaet , and procureur , to proceed in the process mr. boevé begun for me in the yeare 1662. which must be revived , against the sons , and daughters of peter boudaen , as heires of sr. peter courten . pray let me know your good inclinations therein . you will not only oblige the alderman , and many of his friends , with divers members in parliament ; but you will merit the prayers of many orphans and widdows ▪ whose bread have been eaten so long by strangers of another land. what books and abstracts of accounts are needfull , shall be sent when occasion requires . pray consider of it , and let me heare from you by the next opportunity , wherein you will infinitely oblige him that is , sir , your most affectionate friend and humble servant george carew . copye van een brief te londen geschreven , door george carew , den 15. september 1670. aen marke fletcher coopman tot middelburgh . getranslateert uyt het engelsch in 't nederduytsch . u e. missive van den 29. augusty lest-leden is my wel geworden / waer ●yt verstaen / al 's dat mijn procuratie en papieren u e. wel ter hand gekomen zijn . u e. gelieve te weten / hoe dat ick niet en hebbe gesonden gehad om u advijs / noch om de opmien van eenige van uwe middelburgsche advocaten / alsoo ick mijn selven beter wete te onderrichten in die poincten van de rechten / al 's u e. en u e. advocaten my l●●●nen raden . ick hebbe ( ter instantit / en op recommandatie / vanden alderman backwell , ende andere van u e. goede vrienden ) versocht / dat u e. gelief de een eysch te doen / van £ 3000. starlinex / geassigneert op het schip genaemt de bona esperanza , al 's mede van £ 2500. starlin●x / op het schip de henry bona adventura , nevens den interest van dese somme / t'sedert anno 1649. jegens 5. per cento's iaers : in gevolge vande assignatien ende transporten / aen de ridder paul pyndar , gepasseert / door de ridder edward littleton , ende monsr . courten , in anno 1642. welcke penningen in handen zijn van mo●sr . jacob pergens , tot amsterdam , die de selve aen my moet responderen ( gelijck door sijn eygen doen is blijckende ) en in cas van refuis / gelieft tegens hem pergens te procederen / ende die schult van hem af te vorderen . het geen u e. gelieft te zeggen wegens het tractaet van vrede / dat siet immers meer op stae●se handelingen / al 's op particuliere wetten / en yemants recht in civile saecken : en konnen geen princen inde werelt haer eygen onderda●en / depriveren van de gemeene procedupren in de rechten : moet ick dan extraordinaire middelen gebruycken ? soo sal ick ter zijner tijd thoonen / wat ick voor andere hoven sal te doen hebben . wat de ongeliquideerde rekeningen belanght / raeckende de negotie van de ridder willem courten , in companie met de ridder pieter courten , ende mo●sr . jan moncy : 't is waerlijck de heeren boudaens haer interest / om de boecken van de ridder pieter courten ( de gemeenen handel concernerende ) voor den dagh te brengen / en haer selven t'ontschuldigen ; want ick kan met suffisante bewijsen thoonen / dat de ridder pieter courten , voor £ 122000. starlinex by rekeninge debet staet . de rechte waerhe●t is / dat het grootsie gedeelte van 't capitael ( waer mede die negotie is gedreven geweest / ) was met gelt in engelant op interest genomen / en van tijt tot tijt aen de ridder pieter courten geremitteert / en dat op 't credit vande compagnie : derhalven en kan geen repartitie van 't capitael volgen / voor en al eer dat de schulden van de compagnie betaelt zijn / die noch al blijven uytstaen voor excessive sommen gelts : soo dat de erfgenamen van de ridder pieter courten niet vermogen te gebruycken het voordeel van de penningen en cappitalen van andere / ten zp ( dat zy erfgenamen ) daer voren comptabel willen wesen . het geeft oorsaeck van wonderlijcke bedencken / aen de veele crediteuren in engelant , ( die al 's cenlichaem zijn ) dat de heeren boudaens souden hebben sulcke groote huysen / casteelen / en middelen / daer en tegen / dat de courtens banckroct souden zijn / latende de schulden vande compagnie onbetaelt . de quade consequentien die door haer bedriegelijcke practijcken ( ontrent haer schepen ) op andere zijn gevallen / is genoeghsaem bekent / aen die de minste wetenschap hebben : ●n ick beduchte / dat dese rekeninge eyndelijck fataal voor de boudaens en hare familie fullen wesen / voornamentlijck / soo de saecken voor 't parlament alhier gebracht werden ; alwaer diversche vande crediteuren van de courtens zijn sittende : die niet en sullen toe laten / dat soo veel duysende van ponden starlinex / soo fieltachtigh uyt engelant sullen getrocken zijn / door een volck / die door dat middel soecken haer selve te verrijcken / om des te beter tegens het rijck te konnen schoppen . wat de saecken van monsr . boeve en monsr . white belaught / ick laete sul●x aende sorge en directie van dito messieurs . maer wat aengaet de generaele crediteuren van de courtens en compagnie / en de particuliere crediteuren van de ridder willem courten en zoon / ick ben in een sonderlinge manier verplicht mijn uytters●e devoir en diligentie daer ontrent in 't werck te stellen ; zijnde adminis●rateur aen d'eene zijde / en geauthoriseert van de kamer der desolate boedels aen d'andere zijde : en ben geresolveert mijn selven in beyde die qualiteyten oprechtelijck te dragen / en de saecke soo verre te brengen / al 's wel doenlijck sal zijn . ick bespeure / datter by u e. weynigh lust is / in dese saecke te treden / vermits u e. affaires sulex niet toe laten wil : oock dat u e. met gaerene sich in oppositie wilde stellen tegens de boudaens : daer nochtans u e een gereghtige sake voor hebt / en ten ander / met luyden te doen / die geen respect en meriteren / ( al 's zijnde persoonen van verfoeyelijke humeuren en slechte comportementen hebbende ) en alhoewel u e. gelieft eenige argumenten te gebruyken / om my mijn voornemens te divertren : nochtans moet recht gefchieden / jae al fouden zy vergaen / ( melior unus quâm unitas ) het gene de rekeningen concerneert / dat is door de menichvuldige circumstantien / uytvluchten en dwerse delaeyen / voor 25. jaeren la●gh gepractiseert / foodanigh door hem gedraeyt en verergert ; dat noyt soo langh al 's de werelt gestaen heeft isser dierdelijcke exempel geweest . daer manqueert alleenlijck een ervaren advocaet ende procureur / om met het proces / dat in 't iaer 1662. door mr. boeve begonnen is geweest / voort te gaen : het welcke jegens de soons en dochters van pieter boudaen salr . gerenoveert moet wesen . gelieft my dan u e. genegentheyt te laten weten / het welcke niet alleenlijck een obligatie sal zijn gedaen aen den alderman / en veele van zijn vrienden / en diversche leden van 't parlament ; nemaer u e. sult meriteren de gebeden van veele weduwen en weesen ; wiens brood ( soo veel iaren na malkander ) door vremdelingen van een ander land is gegeten . al sulcke boecken en extracten van rekeningen al 's noodigh geoordeelt sullen werden / sal ick niet nalaten te senden / wanneer de selve gerequireert werden . gelieft dan hierop te considereren / ende my met d'cerste gelegenthept te schrijven . waer door u e. sult ten hooghsten verplichten die gene die is / monsieur , u e. geaffectioneerden vriendten ootmoedigen dienaer , george carew . copye van seecker missive , geschreven door pieter boudaen courten , aen sijn moeder iuffrouw margrieta courten , weduwe van sr. jan de moncy zal r. in date den 4 den april xvj c. seven-en-dartigh , waer onder anderen , staet al 's volght . wegens , i. white , verstae zijne middelen niet veel te bedieden zijn , ende zijn doen streckt niet gelijck het behoort ; in een versouck ; soo dat my dunckt , een ongeraden huwelijck is , gelijck aen cousin courten schrijve : derhalven indien hester konde gedisswadeert worden , seer geraden ware ; nichte beck soude daer in veel konnen doen ; door u l. geinformeert zijnde : oock nichts margrietje neffens u l. is 't mogelijck dient ontranen , ende achter-gehouden , ende alzoon mijn huys-vrouw nu heel swanger wort , t'eynde dese maent rekent , ende zy beneffens my , wel wenschte u l. presentie : ende alsoo daer goede compagnie is , al 's cousin casteele , ende nichte de wael , soo konde u l. sonder achterdencken , beyde de dochters mede brengen , dat godt gave dat ick sien moghte . is het niet mogelijck , ende moet het voort-gaen , soo bidde ick u l. met cousin courten ende sr. ru●●out te beraden , ende yets laten maken , daer inne zy verbonden zijn , in sulcke vougen , dat in geen moeyte mogen komen , waer op vertrouw cousin courten wel letten sal ; alsoo hem ende sijne susters aengaet ; de moeyte ende schande is het meest ; anders wete niet of zy veele voordeel souden doen , al 's u l. contract magh stant grijpen ; maer het is beter niet gedisputeert . mijnent halven , ick ben wel te vreden , dat geen burge gestelt en worde , daer u l. vry in consentere : ende wat de penningen aengaet , ick hope dat desen somer alles sal konnen tot effeninge brengen : en dan blijcken , gelijk vastelijk vertrouwe ende u l. gheschreven hebbe , alles onder cousin sal gevonden werden : derhalven onnoodigh sich te belasten , ende vertrouwe , cousin courten wel sal konnen aen i. white contentement geven , dat soo lange wachte , daer op zy billeken oock niet en behoorden te excipieren . u l. gelieve doch niet verder te enlargeren al 's simpelijck het capitaell sonder eenigh interest , haer onderhoudinge , tegen den interest stellende , dies noch swaer genoegh valt , &c. onder stont , u e. onderdanigen zoon , was geteyckent pieter boudaen courten . het op-schrif was eerbaere , voorsienige joff r. margrieta courten , weduwe van sr. ian de moncy tot londen . copye uyt seecker andere missive , geschreven door den voorsz . pieter boudaen courten , aen sijn moeder ioffr . margrieta courten , weduwe wijlen sr. jean de moncy , in date seven-en-twintigh april xvj c. seven-en-dertigh , wt middelburg , waer in onder anderen staet al 's volght . capiteyn tiessen ' k sie van susan bescheet heeft ; aengaende iohn white , eerw . moeder , souder geen middel wesen om hester te disswaderen ? voorwaer die maniere van proceduren en staet my niet aen ; ick vreese dat schade ende schande daer uyt o●tstaen sal ; ende sal mon pere moncys capitael niet gevonden worden datmen meynt : de quade schulden ende verliesen , zijn in menighte jaren niet af-geschreven ; soo dat mijn herte clempt al 's daer aen duncke , dat die gene door wiens vader de compagnie sulcken crock gecregen heeft , en voor de welcke u e. soo veel gedaen heeft al 's voor u l. eygen in het op-brengen , dat zy soo ondanckbaer souden zijn . in u l. ouden dagh quellinge aen te doen : soude hester door d'een oft d'ander predikant niet koneen ontraden worden ? of door nichte beck ; want ick verstae behalven 't voorsz . dat noch al een slecht houwelijck is , hy weyeigh of niet hebbende in geen beroep gestilleert , wat kanse slechter , ende t'principale achte die maniere van proceduren het querelleren van de wille : daerom hadde gewenscht dat hier met u l. ware gekomen . dit moeder al 's coutenantie , dat by u l. ende die vertrouwt niet verder seggen sal . is 't nu soo , die preuve van ontradinge gedaen zijnde , niet belet en kan worden ; soo bidde dat uytstel mochte lijden tot dat monsr . pergens en ick over-kome . ick meyne dat wel eenigen wegh souden vinden , dat gerustheyt en contentement soude konnen geven . mijn huys-vrouwens gelegentheyt , de vexatie met monsr . fourmenois , ende dat voorgenomen hebbe de boecken te oversien , soo wel mijn particuliers al 's de compagnie aengaende , ende soo tot een hooft te brengen , belet my dat niet komen kan ; maer hope dat monsr . pergens niet lange wachten sal ; de heere geve goede uytkomste . die saecke geen uytstel willende lijden , soo hope cousin courten u l. assisteren , en den besten raet geven sal , gelijck ick op den vierden deses aen hem versochte , daer by sr. rushout , and sr. godschalck die sullen u l. assisteren . aengaende interest , meyne niet gehouden zijt , ende magh gecompenseert blijven tegen d'onkosten door u l. voor hun gedaen in 't onderhouden , &c. onder stont , u e. onderdanigen zoone , was geteyckent pr. boudaen courten . het op-schrift was , e. voorsienige discrete joffr . mrgrieta courten weduwe van sr. ian de moncy , in eygen handen tot londen . naer collatie is bevonden met d'originele missiven van woorde tot woorde t'accorderen , middelburg den 25. april 1650. quod attestor , was geteyckent l. doutreleau not. pub. translated out of dutch. the copie of a certaine letter writ by mr. peter boudaen courten , unto his mother m rs margiret courten , widdow of m r. iohn moncy , dated the fouth of april 1637. wherein standeth as followeth . touching j. white , i understand his meanes are small , and his doings tend not as they ought , in a suite ; so that i thinke it an unadvised match , as i have writ unto cousin courten ; wherefore if hester could be disswaded , it would be good . cousin beck could do much therein , being instructed by you : as also cousen margiret , a●d you : if possible , it ought to be dsswaded , and broake off . and whereas my wife is very bigg , and reckons the end of this moneth , shee and i wishing your presence . and whereas there is good companie , viz. cousin casteele , and cousin de wael , you might without suspition , bring both the maydens with you ; which god grant i may see . if it be ●●possible , and must go forward , then i pray you to advise with cousin courten , and mr. rushout , and let something be made , whereby they may be bound in such sort , that we come to no trouble ; whereon i trust cousin courten will have regard , for that it concerneth him and his sisters . the tronble and shame is the most , otherwise i know not if they would proffit thereby , if your contract tooke place , but it is better not disputed . for my part i am content , that no security be given , wherein you have my consent , and touching the monies , i hope i shall be able to even all things this summer , and will appeare as i have writ , and do firmly beleeve , that all will be found under cousin courten . and therefore unneedfull to charge my selfe , beleeving that consin courten can satisfie j. white , who may stay so long , against which , they ought not in reason to except . you may please not to inlarge further then the bare capitall , without any interest , accounting their allimentation against the interest , which falleth heauy enough . lower stood , your obedient son , and was signed peter boudaen courten . the superscription was , honoured and discreete mrs. margaret courten , widdow of mr. john moncy in london . the copie of another letter , writ by the aforesaid peter boudaen conrten , unto his mother m margiret courten , widdow of mr. iohn moncy , dated the 27 th . of aprill 1637. in middelburg , wherein standeth as followeth . captain tiessen i see hath his answer from susan ; touching john white , honoured mother ; is there no meanes to disswade hester , in truth that manner of proceeding doth not please me ; i feare that loss and shame will ensue , and my father moncys estate will not be found as is though : the bad debts and losses have not been writ off these many yeares ; so that my heart aketh to think , that they whose father hath caused so great a loss to the company , and for whom you have done as much as for your owne in their education ; that they should be so ungratefull to vex you in your old age . could hester not be disswaded by some minister or other , or by cousin beck ; for ( setting aside what is aforesaid ) i understand its a meane match , he having little or nothing , and setled in no calling , how can she do wors ? and principally am sensible of the manner of proceeding , questioning the will : wherefore i wished she were come hither with you ; this also mother by way of discourse , in confidence that you will not report it to any . if it be so ( the tryall of perswasion being done ) that it cannot be hindred , i pray that it may be deferred untill my brother pergens and i come over : i think we may find a way which may give satitfaction and quiet . my wifes condition , the vexation with my brother fourmenois , and the resolvtion of examining the bookes , as well my particular as touching the company , and to bring them to a head , hindreth me that i cannot come ; but i hope my brother pergens will not stay long , god grant a good issue . that matter admitting no delay , i hope cousin courten will assist and give you the best councell , even as i desired him the fourth present , as also mr. rushout , and mr. godskalk will assist you : touching interest , i think you are not obliged , and may remaine compensed against the charge of maintenance by you , &c. lower stood , your obedient son ▪ and was signed , pieter boudaen courten . the superscription was , honoured and discreet mrs. margiret courten , widdow of mr. john moncy , in her own hands in london . that these translations agree in substance with the originall letters writ by mr. peter boudaen courten , as aforesaid i do attest . j. boeve . the coppie of a letter sent from the court of aldermen and common-councell of the city of london , to the magistrates of middelburgh . the superscription was thus , these , to the ever honoured , and our worthy good friends , the magistrates , and judges of the city of middelburgh in zeeland , present , ●ight worthy and our honoured good friends , having received a petition from george carew of richmond in the county of surrey esquire , wherein he declares , that he is duely and legally constituted administrator , of all and singular the goods , chattels , rights and credits , both of sr. william courten , late of this city of london , knight , with his will annexed ; as also of sr. paul pyndar knight deceased , yet unadministred by their respective executors , on behalfe of himself , and very many others , widdows , and orphants , of this city , who were creditors to the said sr. william courten , and sr. paul pyndar ; and that hee was constrained very many yeares since , to commence a suite in that capacity against peter boudaen , the heire and executor of sr. peter courten , late of your city knight deceased , who in his life time did trade in partnership ( with the before-named sr. william courten , and mr. john moncy , late of this city marchant deceased , ) and kept the generall bookes , and accompts of all their said trade ; which bookes remained in the hands of his children , and heires , and have never yet been liquidated ; to the end that hee might have free accesse thereunto ; and that the accompts thereof might be stated at their common charge . and that haveing lately revived his said suite , against the children and heires of the said peter boudaen , they have excepted against his quality , as administrator to the persons above mentioned , with designe onely to vex and tire him out , with a long and chargeable suite ; and therefore he besought us to recommend him and his cause to your favour . wee were easily prevailed upon , by the iustice and meritts of his cause to answer his request : and doe therefore hereby certifie unto you , that the said george carew , having letters of administration to him granted , under the seale of the prerogative court of canterbury , in this kingdome of england , is legally invested in , and intiteled to all the goods , chattells , rights , and credits , belonging to the said sr. william couren , which had not been before administred by the said sr. williams executors ; and therefore doe desire on his behalfe , that you will be pleased not to listen to any such frivolous and dilatory exceptions , made by his adversaries ; but cause them to answer to the matter of fact , and administer iustice with all possible expedition , according as the meritts of his cause shall require , which will be a meanes to incourag● , and promote trade , and commerce , between you and us ; promising the like assistance , and dispatch , to all your citizens , who shall at any time have occasion to prosecute suite before us in any of our courts of iustice. and so we remaine , your assured friends to serve you , the maior and aldermen of the city of london . by their command , wagstaffe . london 13. sept. 1675. translaet , uyt d'engelsche taele . recht waerdigh , ende onse ge-eerde goede vrunden , &c. ontfangen hebbende de supplicatie van george carew van richmond in 't graefschap van surrey schilt-knaep , waer inne hy verklaert wettelijck geconstitueert te zijn tot administrateur van alle ende yegelijcke de goederen , chatteilen , actien ende crediten van s r. willem courten ridder , in sijn leven woonende binnen dese stadt londen met sijn testament annex , alsmede van s r. paul pindar ridder over-leden , noch ongeadministreert by hun respective executeurs , voor sijn selven , ende seer veele weduwen ende weesen van dese stadt , crediteuren vande voornoemde s r. willem courten ende paul pindar , ende dat hy genootdruckt is geweest over veele jaeren in die qualiteyt proces t'institueren jegens pieter boudaen al 's erfgenaem ende executeur van s r. pieter courten ridder , in sijn leven woonachtigh binnen uwe stadt ( die by sijn leven in compagnie genegotieert heeft met de voornoemde s r. willem courten ende ian de moncy , in sijn leven koopman woonende binnen dese stadt ) ende de generale boecken ende reeckeningen van hun voorschreve negotie gehouden heeft , welcke boecken gebleven sijn in handen vande voornoemde pieter boudaen tot sijn over-lijden , ende naderhandt gekomen in handen van sijne kinderen ende erfgenamen , ende tot noch toe ongeliquideert sijn , ten eynde hy daer toe mocht hebben vry acces , ende dat reeckeningen daer uyt mochte werden gestateert tot gemeene kosten ; ende dat onlancx 't voorschreve proces weder levendigh gemaeckt hebbende jegens de kinderen ende erfgenamen vande voornoemde pieter boudaen , hebben sy jegens sijn qualiteyt al 's administrateur vande voornoemde persoonen geëxcipieert , met voornemen alleen omme hem te quellen ende moede te maeken door een langh ende kostelijck vervolgh , ende daerom on s ver●oght heeft hem ende sijne saecken te recommanderen in u ed. faveur . soo zijn wy beweeght geweest , door de justitie ende merite van sake sijn versoeck toe te staen , ende derhalven verseeckeren wy u ed. mitsdesen , dat de voornoemde george carew brieven van administratie hebbende , aen hem verleent onder 't zegel van den prerogativen hove van cantelburgh in dese koninckrijcke van engelandt , hy wettelijck gestelt ende geintituleert is tot alle de goederen , chatteilen , actien ende crediten aende voornoemde s r. willem courten toebehoorende , die te vooren niet en zijn geadministreert by d'executeurs van de voornoemde s r. willem courten , ende daerom versoecken wy sijnent halven dat , dat u ed. gelieve niet te willen luysteren na sulcke frivole ende dillatoire exceptien by sijne parthyen geproponeert , maer hun ordonneren ten principalen te antwoorden , ende justitie t'administreren met alle mogelijcke expeditie na merite vande saecke , 't welck een middel we●en sal omme de negotie ende commercie tusschen u ed. ende on s te incourageren ende verbreyden , belovende gelijcke assistentie , ende expeditie , aen alle uwe ingesetenen die t'eenigen tijde occasie sullen hebben omme proces voor on s te vervolgen in eenige van onse hoven van justitie . onder staet , waer mede verblijven , noch lager , u ed. versekerde vrunden om u te dienen den major ende aldermannen vande stadt londen , ter ordonnantie van deselve ende onderteyckent wagstaffe , ter zijdenstaet londen 13. september 1675. ende onder op 't spacium gedruckt den stadts-zegel in rooden wassche onder een papiere ruyte . d'op-schrift was , aende altijt ge-eerde , ende onse waerde goede vrunden de magistraten ende rechters vande stadt middelburgh in zeelandt . concordat substancialiter cum suo originali quod attestator rogatus & requisitus jo. marius , not. pub. lond. 15. sept. 1675. memorandum . ce seroit certainement une dangereuse concequence a tous les anglois de nation , si en cas les loyx peculiëres d' angliterre , les statutes & loyx dudit royaume , comme auss● les coustumes dudit lieu , nestant en aucune estime , & n'avoient aucune vertu ni force , touchant leurs propres interestz pour les deffendre . et quant a la iudicature de hors la cour , le droit est la vie de la loy , & expedition la vie du droit ; mais ou le droit & la iustice est refus● , & dilaié , lá ily a proprement un appel au prince de tels sujects injurieux pour y chercher le remede . lors qu'on ne peut obtenir l' advantage de loy , il faut de failler de tout , & demeure toute en la puissance de ceux seulement qui la scavent avoir en possession — s'il y a quelqun qui vieut a souffrier injustice , & en demeure la acquiescant . il est hors de droit de ses propres raisons , trahit son propre droit & abandonné son propre interest . a rejetter les lettres d'administration , qui sont passées par la cour prerogative d' anglaterre . tout ainsi comme si on nioit le droit & puissance de la souverainté du roy , pour proteger ses sujects , le ravisant & frustrant de ses ordonnances & loys , aussibien que ses sujects de leur biens . et ce●uy ne merité en quelque façon qui ce soit le nom d' anglois , qui veut souffrier tant de mécontement , quand il a un prince qui a le pouvoir de maintenier les loyx de sa propre couronne , & maintenir les propriëtez de ses sujects . god save the king , and prosper the city of london . request aen d'edele achtbare heeren bailliu , burgemeesters ende schepenen der stadt middelburgh in zeelandt . vertoont reverentelijck george carew schilt-knaep , administrateur van alle de goederen en nalatenschappen , soo roerende al 's onroerende , actien , schulden en crediten , van wijlen sir william courten , en sir paul pyndar , in hun leven ridders , ongeadministreert gelaten by william courten , en william tomes . 1. hoe dat hy suppliant in den iare 1662. voor v ed. achtb. proces heeft gemoveert op ende jegens pieter boudaen zaliger gewesen koopman , ende na sijn overlijden , 't selve wederom op nieuws geinstitueert jegens sijne kinderen en erfgenamen ; omme te hebben rekeninge ende bewijs van diversche notable sommen van penningen ( berustende in hun handen ) aenkomende den boedel van sir william courten , en vervolgens oock aen sir paul pyndar , en den suppliant die geduerigh is opgehouden , met vele frivoleuse en inpertinente exceptien , ende andere dilayerende practijcquen tot sijn suppliants groote schade en vexatie , strijdigh jegens de regulen van iustitie , ende rechtmatigheydt . 2. dat alhoewel het seer wel kennelijk is , dat den suppliant was geadmitteert in de eerweerde societeyt van grays inn , alwaer hy vele iaren achter den anderen in de rechten van engelant heeft gestudeert , en in den iare 1660. was beëdight en gesworen tot een van de edelluyden van sijn majesteyts eerwaerdighste secreet-kamer , tot welcke digniteyt niemandt wert geadmitteert , al 's die gene , die af-komstigh zijn van honorable familien , levende in seer goede reputatie ; effectivelijck besittende ende possiderende een staat ofte inkomen waerdigh £ 500 sterling per annum , gelijck blijckt by de attestatien daer van zijnde , hier geannexeert . 3. evenwel soo hebben de heeren johan en pieter boudaen me● hare consoorten , niet alleen de vrymoedigheyt en onbeschaemtheyt gehadt , h●●ne advocaten seer leelijck , nijdelijck , valschelijck , en onbehoorlijck te institueren , omme in hare pleydoyen voor v ed. achtb. vyerschare voor te brengen , sulcke infameuse en snoode dingen ( geensints ter materie dienende ) waer door de omstanders schaemroot wierden , om sijnent wil , die sich niet en schaemde sulcke reflectien op den koninck van groot brittannien sijn e. onderdanen , ende particulierlijck op den suppliant te leggen : nemaer hebben oock de selve doen drucken , en heymelijck uytgegeven aen diversche persoonen , met intentie omme door soodanige libellen en valsche pampheletten ( die behoorde door den beul ofte scherp-rechter verbrandt te werden , ter oorsa●ck van het affront die natie aengedaen , in tijde van vrede , en goede correspondentie ●usschen den koninck van groot brittannien ende de heeren staten generael ) hare gruwsam● actien te wreken in 't stellen van hem suppliant odieus voor ed. achtbare en misdadigh voor het volck . 4. oversulcx kan den suppliant hem selfs niet langer loochenen , ofte sijn rechtma●igh gevoelen verswijgen , wegens de ongeschickte en onbeleefde practijcquen van de voorsz . boudaens ende hare advocaten ; nochte oock vergeten v ed. achtbare bekent te maken , dat de fraudeleuse handelingen van den ouden pieter boudaen ende jacob pergens , wegens sir edward littletons intrest in de twee schepen de bona esperanza ende henry bona adventura , en sir paul pyndars assignatien , by andere volckeren soude hebben gestraft geworden , al 's criminele misdaden . 5. dat alhoewel de boudaens geen meerder kennisse , nochte bel●eftheyt hadden , soo hadden nochtans hun advocaten , meer wetenschap ende geleertheyt behooren te hebben , die by manequement van andere saaken , v ed. achtbaerheden , en andere hebben moeyelijck gevallen met dese ongerijmtheden , welcke , by aldien 't selve in engelandt hadde geschiet by eenigen advocaet aldaer jegens een vremdelinck , ( gelijck al 's mr. dionisius rexstoot hier heeft gedaen ) soo soude die schandeleuse ende onbehoorlijcke daedt , hem ontrent sijn hersenloos hooft gespelt geworden hebben , en gesententieert daer mede ontrent de zael van west-munster te wandelen , mitsgaders gesuspendeert van meerder voor eenige vyerscharen te pleyten : alwaer oock parthyen niet is geadmitteert soo vermetigh te zijn om te blijven sitten in de rechtbanck ( gelijsk johan boudaen op den 7. october deses iaers heeft gedaen , ) al 's de saeck jegens hem bepleyt wiert . om alle welcke redenen den suppliant seer ootmoedelijck versoeckt , dat u ed. achtb. hem gelieven te admitteren , om voor u ed. achtb. vyerschare proces te mogen instituëren op ende jegens iohan bo●daen . pieter boudaen , ende abraham biscop , ten eynde dat hy suppliant reparatie mach verkrijgen van de schandale ende injurie hem aengedaen : mitsgaders dat u ed. achtb. de sake wegens de rekeninge ( dienende op d'ordinaire roll voor u ed. achtb. ) geliefden te expediëren , achtervolgens den brief van recommandatie door den heer major ende alder-mannen der stadt londen , aen u ed. achtb. onlangs gepresenteert ; te meer alsoo binnen londen de vremdelingen in sulcken cas voor de borgers ende ingesetenen werden geprefereert , 't welck oock selfs binnen constantinopolen en al andere gewesten in turckyen wert gepractiseert , alwaer geen proces daer vremdelingen in zijn geintresseert langer is hangende , al 's den tijdt van achtien weecken . 't welck doende , &c. translaet uyt de engelsche taal . cereificatie van den grave arlington . desen dient om te certificeren , dat george carew schilt knaep , is beedight , ende geadmitteert tot sijn majesteyts dienaer , in de plaets en in de qualiteyt van een van de edelluyden van sijn majesteyts aldereerweerdighste secreete kamer , omme te genieten alle rechten , privilegien , voordeelen en uytnementheden daer toe dienende en behoorende . gegeven onder mijn handt en zegel desen 25. dagh van february 1674 / 5. in het 27 ste jaer van sijn majesteyts regeringe . was geteyckent arlington . in margine stont een signet gedruckt in ●ooden lack. certificatie wegens m r. carews staet van sijn rentmeester en dienaer . kennelijck zy een yeder by desen , dat george carew van richmond , in het grafschap van surrey , in het koninckrijck van engeland , schilt-knaep , jegenwoordigh residerende binnen de stadt middelburgh in zeelandt , ( ter oirsake van diversche processen ende rechten aldaer hangende ) heeft verscheyden landen , huysen , hof-steden , en erf-goederen gelegen in het graefschap van suffolke , essex , londen , dorsetshiere , ende surrey , waer van hy al 's wettige possesseur jaerlijcks treckt de somme £ 530. over ende boven de opgelden , die daer op mogen verkregen werden . in kennisse der waerheyt dese met onse handen geteyckent binnen londen desen 26. marty 1675. in het 27 ste jaer van onsen souverainen heer koninck carolus de tweede , was geteyckent , iohn exall , aäron wright . certificatie van de leser ende benchers van grays inn. desen dient omme een yegelijck te certificeren dien 't aengaen mach , dat george carew van richmond in het graefschap van surrey , schilt-knaep , een van de edelluyden van sijn majesteyts eerweerdighste secreet-kamer ; was geadmitteert in dese societeyt van grayes inn op den 23 juny 1653. in kennisse der waerheyt hebben wy hier onder gestelt on●e handtteyckens , desen 26. february 1674 / 5. en in het 27 ste jaer van koninck carolus de tweede , was geteyckent thomas holt lector , robert raworth , iohn otway , fr. luttrel . dese dry voorsz . certificatien zijn getranslateert door den notaris marinus smallegangh . 12. instantien en positien in de wet observabel , rakende de saecken tuss chen carew ende boudaens . 1. alle erfgenamen / executeuren en administrateuren zijn verplicht en gehouden / soo welte betalen al 's t'ontfangen ; gelijck ymant / die kennisse van zaecken heeft / ●oet bekennen den advocaet rextoot in sijn ple●doyen / socckt dese saecke confuselijck te verwerren / en wilde gaern de selve faeck anders uytleggen / sustinerende / dat de zoons zoon vande ridder willem courten , in soodanigen casu blijft verobligeert / daer nochtans hy niet alleenelijck heeft gerefuseert gehad / om brieven van administratie van's broot-vaders zijde te lichten / neen maer het recht van engelant soude niet geleden hebben gehadt / dat hy de selve op hem soude genomenhebben vande vaderlijcke zijde / schoon hy sulex hadde soccken te doen. 2. willem courten de soon / die erfgenaem en executeur was van de ridder willem courten sijn vader / en konde geen van sijn eygen schulden betalen / met de middelen van dito sijn vader zaliger terwijl sijn vaders crediteuren niet waren voldaen / de ●amer van de disolate boedels en kon op haer niet nemen om cenigh gedeelte van de soons schulden te betalen u●t de middelen van de vader de ●idder willem courten , hy soon hebbende de selve schulden gemaeckt / en insolvent 〈◊〉 zijnde . 3. will●m courten de soon ( die erfgenaem en executeur was van sijn vader ) en kan niet gheseght worden te hebben geadministreert de middelen van dito sijn vader / voor en aleer hy geliquideert hadde gehadt de rekeningen / die de compagnie aengmgen / en de schulden van dien betaelt / maer dat noch meer is / daer zijn diversche particuliere schulden van de ●idder willem courten uptstaende / die hy selfs moe● hebben / soo wel al 's betalen / die noyt door sijn soon zijn geadministreert geweest / en konnen die schulden / die hy hebben most / niet wettelijck ingemaent of gevordert werden / al 's door kracht van de brieven van administratie aen carew gegunt / sonder wiens eygentlijck niet betaelt of ontfangen kan worden . 4. willem courten de soon na de do ot van de ridder willem courten de vader / heeft verscheyde schulden van sijn eygen rekeninge gemaeckt / door een particuliere handel op oost-indien / ( en daerom al 's een koopman aengesien ) is hy de ●amer van de disolate boedels onderworpen geweest / dat anders niet konde wesen / ten zy een negotiant waer geweest / en moet verstaen werden / soo wanneer hy selfs absenteerde sonder te blijven in de administratie van sijn vaders middelen / dat de selve al 's dan waren blijvende in averance de la loy , dat is ●nder protextie van de wet / tot hoedanigen tijdt dat de brieven van administratie waren verleent aen carew , om volgens de wetten en usantien van engelant te ageren . 5. moet oock genotificeert werden / dat die gene die executeur is van cen ander executeur / niet en kan betalen de schulden van de leste testateur met de middelen van den eersten testateur / maer moeten alle schulden betaelt werden de bonis propriis testatoris . 6. indien 't gebeurt dat een executeur of administrateur pleyt tegens eenige van de crediteuren / al 's dat hy ten vollen heeft geadministreert de goederen / roerende ende onroerende van den intestaet / en soo 't daer na gevonden werdt / dat hy een gedeelte daer van qualijck heeft gebruyckt / of ten ourechte betaelt / maeckt hy al 's dan sich selfs schuldigh om alle die schulden uyt sijn eygen goederen te betalen ▪ de reden daer van is / vermits het in sijn eygen keur was / of hy wilde administreren of niet / en die na dat hy hadde geaccepteert gehadt voor soodanigen administratie behoorde onder eedt een ware en perfecte inventaris ge-exhibeert te hebben en niet te persisteren op valsche en impertinente pleydoyen . 7. vorders is 't sulex / dat soo by aldien een erfgenaem plept / dat hy geen landeryen heeft van sijn voorsaet de●cendente / die voor sijne schulden aensprekelijck zijn / ende dat de crediteuren daer na vinden eenige middelen en fief , de er●genamen aensprekelijck zijn / ende die schulden nyt sijn middelen betaelt werden / om redenen / dat hy een valsche pleydoy heeft gemaeckt . 8. yemandt / die sich bemoeyt met de goederen van overleden vrient of bloet-verwant sonder brieven van administratie te hebben / sal aengesien wesen al 's cen executeur in sijn eygen prejuditie / en is aensprekelijck om alle de schuldeu van den intestaet te betalen / want het is een presumptie in rechten / dat niemandt so● willen aenvaerden de middelen van een ander in soodanigen cas / ten zy hy versekert was / dat'er genoegh en over soude wesen / om alle de schulden te betalen . 9. voor en aleer de statuten van west-munster de tweede ( soo ghenaemt ) zijn gemaeckt geweest / alle landerpen / van wat nature de selve mochten wesen / waren aensprekelijck voor de schulden / en konde geen entaillementen selfs gheschieden van de middelen toebehoorende heeren die van haer landt-goederen / te beleteen om van haer crediteuren niet aengesproken en gemaent te werden / maer naderhandt zijnde ●eer schadelijck gevonden voor de negotie / waren nieuwe statuten in koninck jacobus tijdt gemaeckt / waer door de landeryen van ●oop-luyden waren aensprekelijck voor hare schulden / niet jegenstaende dat er entaillementen waren gepasseert op hare kinderen / daer ter contrarie / die op haer inkomsten leven / en geen negotie en doen / entaillementen konnen maken . 10. de wetten van engelandt , ja de wetten van natien / zijn seer teer in saken rakende de ●ekeningen en persoonen van koopluyden / doende in compagnie / die gewoonelijck haer credijt extenderen en verbreeden in alle gedeelten des weerelts / tot voortsettinge van de negotie . het ware dan een van de groote malheuren / die men konde bedencken / indie● dry persoonen in compagnie handelende / datse dan allegaer 〈◊〉 en ●ouden verobligeert wesen / en haer middelen verplicht om de schulden van de compagnie te betalen . 't is tot dien eynde dat ●e statuyten van engelandt hebben specialijck gedecriteert en geprovideert / om alle exceptien in de rekeniugen van kooplu●den te voorkomen / dat geen limitatie van th●t altoos kan vermind●●en of echaperen actien in de rechten in saken van koopluyden haer ●ekeningen / of luyden uytlandigh gestorven . 11. een koopman in engelant , die £ 500 sterlinex 's iaers inkomste heest van sijn landeryen / en daer-en-boven noch £ 5000 sterlincx in contanten / die verobligeert alles / soo wanneer hy een negotie aengaet met ●mant in compagnie / en wat den eenen compagnion komt te doen / in wat sake het soude mogen wesen / de compagnie aengaende / sulcx verbint d'andere compagnions mede . pieter boudaen zaliger heeft het mede ge-experimenteert gegad in de sake met iuffrouw josina hobell , ende mr ▪ johan east , die twee crediteuren waren van de compagnie / en met wien hy een accoort maeckte / wegens de schulden van de compagnie / wanneer dan pieter boudaen zaliger sich embarqueerde in 't schip of bodem van de ridder pieter courten , soo begaf hy hem op een voyagie niet min desperaet / gelijck h● en jacob pergens deden met de schepen de bon esperance en henry bon adventura , die executeuren waren in de sake tot haer eygen nadeel / en sullen bevinden hier namaels / datse het dier moeten kosten / mits datse haer selven bemoeyt hebben met nolime tangere , 't welck haer / en hare familien sal schip-breuck doen lijden / ten zy het schip na een ander streeck van 't compas gestiert werdt . 12. de schulden der koopluyden sont plus sacré , al 's zijn de schulden van andere persoonen in de weerelt / de reden is / om datse gefondeert zijn op gods voorsienighept / en een koopmans personeel credijt en weer digheyt . particuliere heeren in engelant , die van haer eygen landen en inkomsten leven / en konnen geen considerabile sommen gelts leenen / sonder een visibel pant of cautie van huysen of landen te stellen / zijnde niet onderworpen de commissien van die statuyten en ordonnantien / gelijck koopluyden zijn / en konnen d'erfgenamen van pieter boudaen zaliger / en de ridder pieter courten niet seggen dat dit huys of dat landt haer eygen is / voor en al eer de schulden van de compagnie betaelt zijn / en dat de ongeadministreerde effecten van de ridder willem courtens middelen onder haer berustende / zijn gerestaureert aen de administrateur / die wettelijck de selve komt eyschen / met ●osten / schaden / intresten / geleden in dit proces soo veel iaren na malkander . advertissement . de ridders willem courten , pieter courten , ende johan moncy , koopman waren alle engelschen / en handelden in compagnie . den ridder willem courten storf in 't iaar 1636. tot londen , schuldigh . aen diversche persoonen 125000 ponden sterline● / benessens 36000 ponden sterlinex aen de ridder paul pyndar . welcke schulden niet en zijn voldaen / alhoewel den ridder willem courten op sijn doodtbedde ernstelijck vegeerde op al sijn vrienden ( alwaer jacob pergens present was ) te adsisteren sijn soon willem courten , wien hy ordineerde tot sijn executeur in 't stellen van de rekeningen van de compagnie op dat de schulden mochten werden betaeit / waer op willem courten was d'admini●tratie vergunt by den prerogativen hove in londen , met macht omme te innen de effecten van sijn vaders boedel : maer en konde in sijn gansche leven de erfgenamen van den ridder pieter courten niet brengen tot●●enige reden . welcke hielt de generale boecken ende reeckeningen van al de koopmanschappen / ende storf schuldigh wesende ae● de● ridder willem courten op de reeckeninge 122139 : 10 : 6. al 's blijckt by de reeckeninge . waerom de crediteuren van de ridders willem courten en paul pyndar souden wesen miserabel indien de letteren van administratie van den praerogativen hove van engelandt , binnen middelburgh niet en souden krachtigh zijn . we sende nochtans sulcken juditiëlen acte van get●ygenisse , dat de authori●eyt derselve aller wegen goet ensufficient is , in alle andere recht-bancken van de weerelt , omme te recoevereeren de o●geadministreerde effecten van den boedel , van den ridder willem courten , dewelcke ●oo lange zijn onthouden van soo menige weduwe ende weese die broot hebben gegeten by de vremde . korts na de do ot van den ridder willem courten zijn de inlantsche troubelen ende burgerlijcke oorlogen in engelandt geresen : willem de soon ende executeur absentcerde hem selven / ende wiert insolv●nt / doen interposeerde en adviseerde jacob pergens sijnen schoon-broeder pieter boudaen , ende de reste van sijn confraters te houden war sy in hare handen ghekregen hadden / seggende dat de possessie was elf deelen van de wet . in 't iaer 1648. korts na dat karolus de eerste koninck van groot brittangien was gedoot / zijnder in hollandt dissentien geresen . in 't iaer 1653 is ' er een oorlogh gekomen tusschen het lange parlement / ende de vereenighde provintlen . korts naer dat karolus de tweede was gerestaureert / wiert een ander oorlogh gepro●lameert tusschen syn ma●esteyt ende de staten generael . in't iaer 1672. is'er een derde oorlogh geresen tusschen den koniuck en de staten . nochtans alle dese revolutie van tijdt , ende gouvernement , niet jegenstaende al de eysschen van de crediteuren , van de last-hebbe●s , van de executcurs , van de administrateurs , addressen van vrinden , ende ministers van staet , en proces in rechte , niets en konde prevaleren om met pieter boudaen , ende sijn sonen , ofte ha●e confraters te liquideren de reeck●ninge van de koopmanschap in compagnie , o●●e te maken eenige restitutie van't gelt ende goederen verkregen in possessie , behoorende tot de boedels van de ridders willem courten , en paul pyndar , &c. it would be an example , without any president in christendome , if mr. george carew should be rejected in his quality , to administer the effects of sir william courtens estate , or that any iudicature in the world , should give laws unto england , in such cases , to render the prerogative court insufficient , or defective towards obtaining the debts and credits belonging to the subjects of the crowne of england , who would be left without remedy , if the goods of sir william courten should be given additione haereditatis to william courten the grandchild , that hath abandonned the same , and lives in obscurity , having sequestred himselfe out of england , to end his dayes in france , out of the reach of his fathers , and grandfathers creditors , that have questioned him , for intermedling with the ioynture lands of his mother , before the debts are paid . d e insinuatie , interdictie en protest , gedaen aen de oost-indische compagnie ter kamer van zeelant , aengaende de erfgenamen van de heer pieter boudaen zaliger . op huyden den iv . november 1675. hebbe ick henry van rijckegem openbaer notaris by den hove provintiael van hollandt , zeelandt ende west-vrieslandt geadmitteert , binnen middelburgh in zeelant residerende , my ten versoecke van d'heer george carew schilt-knaep van richmond in het graefschap van surrey , in 't koninckrijck van engelant , ( qualitate qua ) vervoegt ter vergaderinge van de heeren bewinthebberen van de oost-indische compagnie ter kamer tot middelburgh , ende de heeren aldaer vergadert , voorgelesen de navolgende insinuatie en protestatie . kennelijck zy een yegelijck die dit sullen sien ofte hooren lesen , dat ick george carew schilt-knaep van richmond in het graefschap van surrey , in het koninckrijck van engelant , in qualiteyt al 's administrateur van alle goederen , haven , effecten , actien ende crediten van sir william courten ende sir paul pyndar zaligers , in hun leven ridders woonachtigh tot londen , ende assignatie hebbende van sir edward littleton baronet , mitsgaders van de commissarisen gestelt zijnde over de statuyten , gemaeckt jegens de banckroettiers , daer onder den voornoemden william courten , soon ende executeur van sijnen vader zal r. is begrepen , doen kond ende make bekent , 1. dat sir william courten , sir pieter courten ende m r. iohn de moncy , gesamentlijck vele jaren achter den anderen in compagnie hebben genegotieert , soo in zijde al 's linnen manifacturen ende andere koopmanschappen , welcken handel wel voornamentlijck is gevoert geworden , met penningen op intrest gelicht binnen londen , die aen sir pieter courten tot middelburgh door wissel zijn geremitteert , of over zee getransporteert , houdende hy courten de generale boecken van den voornoemden handel en negotie , den welcken schuldigh was aen sir william courten , op de rekeningen ten tijde van sijn overlijden , de somme van £ 122139 : 10 : 6. sterlincx , gelijck by 't slot der selver rekeningen blijckt , bedragende in 't geheel met den verloopen intrest tot dato deses ter somme van £ 350000. sterlincx , en meer . 2. al 's mede dat sir william courten is komen te overlijden schuldigh zijnde aen diversch van sijn majesteyts onderdanen van engelandt eene somme van £ 160000 sterlincx en daer boven aen contante penningen op intrest gelicht , waer van het grootste deel geduyrighlijck is geimployeert in de voorsz . compagnie , en in de selve compagnies boecken gebracht al 's hun eygen en propre schulden , daer van den intrest betaelt wiert uyt het gemeene capitael van de meergemelte compagnie . 3. item dat sir pieter courten diversche groote sommen van de voorsz . penningen ( aen hem geremitteert ende getransporteert by sijn broeder sir vvilliam ) heeft verandert ende verkeert in oost ende west-indische capitale actien op de respective kamers van middelburgh , zijnde die penningen betaelt in gout , de selve eygene ende onverscheydene spetien die de crediteuren binnen londen , hebben geleent , waer vooren sir william courten ( naer gedaen ondersoeck van den procureur generael ) in gevanckenis in engelant was gestelt , ende in een boete geslagen van twintigh duysent ponden sterlincx , voor het transporteren van de schatten van het koninckrijck naer een uytheemsche natie , strijdigh jegens de wetten van de kroon , al 's blijckt by het register daer van gesonden . 4. insgelijcx dat sir pieter courten is komen te overlijden , stellende sijn neef pieter boudaen zaliger , koopman tot middelburgh , tot sijnen erfgenaem , ende iohn moncy mede overlijdende , stelde ofte maeckte mentie van den voorsz . pieter boudaen ende sir william courten te stellen tot sijne executeurs , ende sir william courten oock stervende , stelde en appointeerde , sijn soon william courten tot sijnen eenigen executeur , die insolvent gestorven is , hebbende niemant van hun allen ter deser uyre de minste zorge gedragen , om eenige van de compagnies propre schulden te betalen , ( uytgenomen de schulden van iohn east ende iosina hobell , daer over den ouden boudaen is veraccordeert , mitsgaders de schulden van m ●s . iohn casteel en deremontius , dewelke met de curateuren van den desolaten boedel van vvilliam courten de jonge , zijn over-een-gekomen voor 17 pence per pont ) nochte oock de particuliere schulden van sir vvilliam courten , ja selfs niet de legaten gelegateert by sir pieter courten , sir vvilliam courten , ende m r. iohn moncy , de welcke al 's noch seer schandelijck onvoldaen blijven , strijdigh niet alleen jegens de goddelijcke ende weereltsche wetten , maer selfs tegen alle billigheyt , recht ende redenen , al 's wanneer de sonen ende erfgenamen van pieter boudaen ( segge verraders te zijn , die hun met recht voor 't gunt sy schuldigh zijn aenspreken ) de selve penningen en effecten in hunne handen hebben gekregen die met de voorsz . schulden en legaten belast zijn , zijnde de voornoemde sonen en erfghenamen sulcke sprinck-hanen voor het koninckrijck van engelandt , dat haer's gelijck niet te vinden is , willende de onrechtveerdigheyt door de weth rechtveerdigen , by aldien niet yets over hare quade practijcken en heerschte . 5. dat ick george carew verbonden by diversche obligatien en contracten aen ende met de crediteuren en geassigneerdens van sir william courten ende sijn soon ; al 's mede dat ick voor den prerogativen hove van engelant , den eedt van getrouwigheyt heb gedaen voor de administratie van de respective boedels van sir vvilliam courten , ende sir paul pyndar , hebbende oock vervolgens in den meergemelten hove , borge daer vooren gestelt , waer door ick gedwongen ben staet inventarisen van de selve over te leveren , mitsgaders mijn uytterste diligentie en neerstigheyt aen te wenden om die te recouvreren , gelijckerwijs oock van de effecten van den boedel van vvilliam courten , soon van sir vvilliam courten , de welcke insolvent was al 's voorsz . is : tot welcken eynde ick mijne qualiteyt , recht , eygendom en eysch , verscheyden reysen door een publijck notaris aen de eerweerde heeren bewinthebberen der geoctroyeerde oost-indische compagnie ter kamer van amsterdam , en ter kamer van middelburgh hebbe doen bekent maken ende insinuëren , ja selfs oock aen pieter boudaen de oude , ende sijn sonen respectivelijck met protestatie wegens alle geledene kosten , schaden ende intresten , alles blijckende by de hier aen geannexeerde insinuatien ende protesten . 6. en voor soo verre al 's pieter boudaen d'oude , ende sijn erfgenamen soo langen tijdt d'administratie ende directie hebben gehadt , van sulcken notabele somme van penningen ( aenkomende de onderdanen van engelandt , die verandert ende verkeert zijn in capitale actien ende obligatien op de oost ende west-indische compagnie der vereenighde nederlanden , soo ben ick geensints vermoedende dat de eerweerde heeren bewinthebberen der voorsz . compagnien , in dese ongeredderde saeck , de middelen , staet of effecten van de boudaens sullen willen beschermen ofte protegeren , omme alsoo een bekommernisse op de meergemelte compagnien te brengen , maer liever daer in te voorsien , op dat hy insinuant alsoo mochte geraken aen sijne gerechtigheyt ; ende te meer om dat volgens de wetten ende costuymen van engelant , ende diversche andere natien ( gefondeert op de grootste redenen ) wannneer koopluyden gebruyck maken van eenige frivoleuse ofte inpertinente pleydoyen , of exceptien , om hare crediteuren te delayeren , ipso facto , soo werden de selve gerekent al 's insolvent , ende in het hooghste hof van recht en equiteyt , indien eenigh edelman , hoedanigh hy zy , sal refuseren t'antwoorden op den principalen eysch , soo wert'er een sequestratie gegunt op sijne landen ende renten ; andersints souden sommige menschen de gemeene justitie verkeeren , ende andere vlieden de kracht van de wett , ende daer door verwerren alle burgerlijcke societeyt . 7. oversulcx zijnde vorder geimportuneert van diversche considerabelste crediteuren , soeckende hunne achterstallige penningen van my ondergeschreven al 's administrateur , te weten van sir thomas mears , ende sir richard mauleverer , leden van het lager-huys des parlements , en gilbert crouch , al 's mede van de erfgenamen , executeuren ende administrateuren van wijlen francis , in sijn leven graef van shrewsbury , sir george vvhitmore , sir robert ayton , sir iames cambell , sir david watkins , sir william whitmore , edmond hammond , iozina calfe , iohn gifford , sir peter van lore , hester styles , charles vvhitaker , iohn beadle , vvilliam morehead , sir iohn gore , sir hugh vvindham , sir peter richaut , elizebeth bartlett , ende verscheyde andere , omme te verbieden , beletten ende kennisse te geven aen alle ende een yegelijck die 't aengaen mach , ende specialijck aen de heeren bewinthebberen der oost ende west-indische compagnien op de respective kamers binnen middelburgh , gelijck ick doe by desen , dat gene van alle de actien en obligatien in de geoctroyeerde oost-indische compagnie , aenkomende d'erfgenamen van pieter boudaen voornoemt , of aen yemant van hun in 't particulier , niet en mogen ofte souden werden verkocht , getransporteert , betaelt of veraliëneert , aen niemant wie het soude mogen wesen , tot ter tijdt ende wijlen dat de saecken ende proceduyren tusschen my en d'heeren iohan , pieter , vvalterus ende hendrick boudaen , mitsgaders d'heer abraham biscop , al 's in huywelijck hebbende juff r. catharina boudaen , ende vrouw constantia boudaen , erfgenamen van den voorsz . pieter boudaen , sullen zijn gedetermineert ende afgedaen , versoeckende dat d'eerw . heeren bewinthebberen der voorsz . oost-indische compagnie , niet en sullen toelaten dat eenige der selver capitale actien of obligatien op yemant anders naem ofte namen , sullen werden gestelt , ofte veranderinge op de boecken der meergemelte compagnie sal werden gemaeckt , met protestatie in sulcken cas jegens de opgemelte heeren bewinthebberen der meergedachte compagnie , ende allen anderen , van allen kosten , schaden ende intresten daer door geleden ende te lijden , omme alle de selve te verhalen daer mijnen goeden raedt sal bevinden te behooren . geteeckent binnen middelburgh datum ut supra , was geteykent george carew . welcken volgende ten selven dage heb ick den voorsz . notaris my vervoeght ter kamer van de voorsz . oost-indische compagnie , alwaer vergadert waren d'heeren burgemeesters gillis mueninx , jacob van hoorn , m r. daniel fannius en alexander de munck , ende haer ed. in de voorsz . qualiteyt de voorenstaende insinuatie ende protestatie by lecture gedaen , die my tot antwoorde gaven , dat haer e. vermits t' onsterck wa● en niet en konden voor al 's noch antwoorden , ende derhalven dat ick my notaris jegens naest-komende ter voorsz . ramer konde laten vinden , ende dat haer ed. al 's dan souden antwoorden . 't welckick relatere te wesen mijn wedervaren . quod attestor , h. v. rijckegem , not. pub. notes, typically marginal, from the original text notes for div a34133-e2200 commissioners . ia. winstanley . tho. bayles . richard nortan . antho. boys . notes for div a34133-e14610 nb. notes for div a34133-e14890 nb. nb. 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. this text is an enriched version of the tcp digital transcription a67889 of text r208228 in the english short title catalog (wing s5352). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 267 kb of xml-encoded text transcribed from 46 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a67889 wing s5352 estc r208228 99867194 99867194 119494-01 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a67889) transcribed from: (early english books online ; image set 119494-01) images scanned from microfilm: (thomason tracts ; 160:e1072[4], 249:e1072[4]) 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. [2], 87 [i.e. 89] p. printed by t.r. for henry twyford, and are to be sold at his shop in vine-court middle temple, london : an. dom. 1655. signatures: a¹ b-k² k2*¹ l-z² . a reply to: ashe, john. an answer to divers scandals mentioned in a certain pamphlet, entituled, the humble remonstrance of sr. john stawell and other pamphlets. annotation on thomason copy: "may 18". incorrect numbering: p. 37 misnumbered p. 33, p. 38-39 misnumbered 36-37, which numbering continues until end. reproduction of the original in the british library. eng ashe, john, -esquire. -answer to divers scandals mentioned in a certain pamphlet, entituled, the humble remonstrance of sr. john stawell. stawell, john, -sir, 1599-1662 -early works to 1800. lawrence, william, 1613 or 14-1681 or 2 -early works to 1800. estates (law) -england -cases -early works to 1800. confiscations -great britain -early works to 1800. a67889 r208228 (wing s5352). civilwar no the vindication of sr. john stawells remonstrance, against a scurrilous pamphlet written by mr. john ash; entituled an answer to divers scan stawell, john, sir 1655 48564 15 0 0 0 0 0 3 b the rate of 3 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-11 spi global keyed and coded from proquest page images 2002-02 tcp staff (oxford) sampled and proofread 2002-02 tcp staff (oxford) text and markup reviewed and edited 2002-03 pfs batch review (qc) and xml conversion the vindication of sr. iohn stawells remonstrance , against a scurrilous pamphlet written by mr. iohn ash ; entituled an answer to divers scandalls mentioned in the humble remonstrance of sr. iohn stawell . as also an answer to a petition of william lawrence of edenburgh , esq wherunto certain reasons are annexed , directed to the honourable the referrees of his highness most honourable covncil . with a conclusion humbly offered unto his highnesse the lord protector . written by sr. iohn 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 . london , printed by t. r. for henry twyford , and are to be sold at his shop in vine-court middle temple , an. dom. 1655. the vindication of sir iohn stawells remonstrance , against a scurrilous pamphlet written by mr. iohn ashe , &c. i have in my remonstrance formerly made a profession to fixe my selfe upon that truth which should be avowed upon the faith of a christian , and honour of a gentleman , and i can with much confidence affirme , that i have not been wanting in the least point to that profession ; and i engage my selfe again , to follow the same course in the ensuing narrative , wherein , when i shall have demonstrated by clear proofes , and arguments , the wicked , and malicious practises which mr. iohn ash hath used against me , thereby , involving me in those great calamities , and miseries which i have undergone for many years , violating that private tye of freindship which he pretends , and duty of a person publickly entrusted by the parliament , i doubt not but the reader will beleive , i had more cause to have expected that mr. ash , would rather have acknowledged by his thankfulness the moderation i used in the relating of those passages , wherin he was concerned in my remonstrance , then have endeavoured ( as he hath lately done ) by a scurrilous pamphlet published in his name , to asperse me with the writing of many fashoods in severall pages of it , and by a faigned discourse , as void of truth , as of civility , perswade the reader . first , that i never had any intention to compound upon my articles . and secondly , that he had alwayes studiously performed the office of a faithfull freind unto me . now these two points have been already cleered by solemne judgments in two great and honourable courts , constituted by authority of parliament ; who having both of them declared , that i submitted to a composition according to my articles , and performed al things which were on my part requisite towards my obtaining the benefit of them , have therein also by a necessary consequence resolved , that mr. ash ( by whom i was refused to be admitted to my composition when i first tendred it ) had not performed either the office of a freind , or duty of a publick person towards me , so that it may appear superfluous to give a further answer to it , which was the cause i had at first some thought to let it passe , as being a thing which deserved not the trouble of an answer ; yet afterwards having more seriously weighed what ill impressions so many shamelesse and notorious falshoods might make in those , who are but strangers unto the former proceedings in my cause , if they perceived them passe in silence without an answer ; to the great prejudice of truth , and of the justice of those two honourable courts who have already cleared them by their judgments , i have thought fit upon these grounds , and for my own vindication from those scandalls , wherewith the author of that pamphlet hath therin falsely and maliciously aspersed me , to publish an exact narrative of all his actings in relation to my business , from the 15th . of iuly 1646. ( which was the day of my first coming to london upon the articles of exeter ) untill this time , that so it may appear how shamelesly he hath endeavoured to abuse the reader by that most false and scandalous pamphlet . and therefore i shall in the first place represent clearly the condition wherein i stood at my first coming hither after the granting of those articles , being breifly thus . upon the rendring of exeter to the lord generall fairfax , there were some articles agreed upon between his lordship , and the governour , dated the 8th . of aprill , 1646. which were upon the 6th . of may following , read and approved of by the house of commons , and afterwards by both the houses on the 4th . of november 1647. the 12. 13. and 21. of which articles , together with the votes and orders made in confirmation of them , do follow in these words . 12. that no lords , knights , gentlemen , clergymen , chaplains ( excepting those who are by name excepted by parliament from pardon , and composition ) officers , citizens , and souldiers , and all other persons comprised in these articles , shall be questioned or accomptable for any act past by them done ( or by any other done by their procurement ) relating unto the unhappy differences betwixt his majesty and the parliament , they submitting themselves to reasonable and moderate composition for their estates , which the generall sir thomas fairfax shall really endeavour with the parliament , that it shall not exceed two years value of any mans reall estate respectively , and for personall , according to the ordinary rule , not exceeding the proportion aforesaid . which composition being made , they shall have indemnity of their persons , and enjoy their estates , and all other immunities , without payment of 5. or 20. part or any other taxes , or impositions , except what shall be hereafter charged upon them in common with other subjects of this kingdome by authority of parliament . 13. that all lords , knights , gentlemen clergymen , and chaplains , excepted in the next precedent article , shall have liberty to go unto any of the kings garrisons , and to have a safe conduct for themselves and servants , to go unto the parliament to obtain their composition for their estates , and indemnity for their persons , which though it prove uneffectuall , yet nevertheless they shall have four moneths time next after the date of these articles to endeavour their peace , or to go beyond the seas , and shall have passes for that purpose . 21. that no oath , covenant , protestation , or subscription relating therunto , shall be imposed upon any person whatsoever , comprised within these articles , but only such , as shall bind all persons aforesaid not to bear armes against the parliament of england , now sitting at westminster , nor wilfully do any act prejudiciall unto their affairs , whilst they remain in their quarters , except the persons aforesaid shall first render themselves to the parliament , who shall cause them to be secured , if they think fit . die mercurij 6. maij , 1646. the articles made and agreed upon between sir thomas fairfax , general , and sir john berkley , governour of exeter , upon the rendition of the sayd city , &c. to his excellency sir thomas fairfax , were all this day read , and upon the question approved . h : elsynge , cler : par : d : com. die iovis 4. novemb. 1647. the lords and commons assembled in parliament , do approve of the articles of exeter , and order this approbation to be published , to the end all people concerned may take notice therof ; and that the committees , iudges , officers , and other persons concerned therin , do take notice therof and observe the same , any orders or ordinances to the contrary notwithstanding . iohn brown cler : parliamentor . h : elsynge cler. parl : d : com. the reader may observe that a distinction is made upon the granting of these articles between such as were then excepted by parliament from pardon and composition , and all other persons comprised in them , those of the first sort ( being the excepted persons ) were to enjoy no other benefit by the articles , but liberty to go unto any of the kings garrisons , and safe conduct for them to repair unto the parliament , there to apply themselves for their admission to composition and indemnity , and if they failed therin , were however to have four months after the date of them , to endeavour their peace , or go beyond sea , to which purpose , passes were to be granted to them ; all the rest were not to be accountable or questioned for any act done by them , or their procurement : relating to the war , they submitting to composition , which his lordship engaged himself , should not exceed two years value ; and that being once made , they were to have indemnity for their persons , and enjoy their estates , and all other immunities , so as all these were absolutely admitted to their compositions without any limitation , or circumscription of time wherin they should submit unto it . the articles further providing that no oath , covenant protestation , or subscription relating therunto should be imposed on them , but only such as should oblige them not to bear armes against the parliament , nor wilfully do any thing prejudicial to their affairs whilst they remained in their quarters . i was comprised within these articles , and accordingly the lord general on the fourth day of april , 1646. gave a certificate under his hand and seal , therby signifying , that i was in the said city at the surrender therof , and was to have the benefit of those articles which were then agreed upon , which certificate i forbeare to insert here , because it is recited in my remonstrance , and hath been proved upon my several tryals in the high-court of justice , and the court of articles . and consequently ( not being excepted from pardon or composition by the parliament ) was absolutely admitted to compound without any limitation of time , wherin to make a tender of it . but having upon due consideration resolved to submit unto the parliament , accept the benefit intended to me by those articles , and spend the residue of my daies in peaceable obedience unto the government established , i thought it best to put this speedily in execution , and after some time spent in the country , to fit my selve for such a journey , i came to london on the 15th . day of iuly , 1646. i was no sooner come , but mr. ash ( taking it seems notice of my arrival ) came the next day being the 16th . day of iuly 1646. early in the morning , whilst i was a bed to welcom me to the town , and to bestow a visit on his good master ( for by that name he pleased to call me . ) and here begin the series of those untruths , which he hath framed and published as an answer to my remonstrance in the said fictitious pamphlet , wherin he doth ( by way of introduction ) assure the reader , that he hath written an exact narrative of all proceedings and passages in my cause , from the time of my first coming to london , unto the time i was arraigned at the high-court of justice , and this , he saith , he wrot upon the first sight of my remonstrance , but then forboreto publish it upon some reasons which he pretends did hinder him from setting out that large discourse . first , in regard that he had answered all the particulars which did concern him before the high court of justice to their satisfaction and my confusion . secondly , because the scandalls he pretends , were mentioned in my remonstrance , were so apparantly false , that every one might easily perceive therin a confutation of those things were charged upon him . and thirdly , because in his respect unto my family he was willing to be silent , least otherwise in giving answer unto the scandalls , wherewith he doth pretend himself to be aspersed ( by saying he did clandestinely obstruct my composition ) he might doe that wch he doth now conceive himself obliged unto ; viz. prove that i never intended to compound , but resolved the contrary , flattering my self with hopes of seeing the late king restored unto his power and greatness , from whom i might receive not only my whole estate , but also a great reward for my suffering , in owning and defending his cause beyond any of his party . but notwithstanding these reasons , since he hath heard that a committee was appointed to examine the matter of fact in my petition , he is so set upon the working of my ruine , that he is now resolved to add falsehood and impudence unto his malice , by publishing this fiction of his own , in answer to the scandals which he pretends were fixed on him by my remonstrance , least otherwise his testimony against me might be impeached , and he should be mis-represented to those who were strangers to his actions . now in regard i have resolved in this discourse to render an exact narrative of mr. ashe his carriage and actings in relation to my business , wherby the many falsehoods contained in that his pamphlet will be made evident , i hold my self obliged before examination of them , to shew the falsehood , frivilousness , and vanity of those his reasons . now as to the first of them , i cannot but admire the boldness of this affirmation , which is not only contrary to truth , but also to the very judgment of the high-court of justice , in the sole point examined by them : for being brought to tryall for my life before that court , i had no other matter to alledge for preservation of it , but that i was comprised within the articles of exeter , and had performed all that on my part was required for intituling my self unto the benefit of them ; that all my troubles had their rise from mr. ashe , who contrary to justice and his duty refused my petition to compound , when i first tendred it according to my articles , and afterwards caused me to fall into the parliaments displeasure , by the undue practises hereafter mentioned ( which are the subject of the ensuing narrative ) to prove the contrary wherof mr. ashe was produced a witness on the common-wealths behalf , and did with great malice and virulency , endeavour to have justified his own proceedings , by proving that i had forfeited the benefit of my articles : but the court having upon full hearing declared the contrary , did consequently and by implication adjudge his answer no way satisfactory as to the clearing of himself from those hardships towards me , wherwith i charged him upon my defence , and this point also hath been since decreed by solemn iudgment of the court of articles ; so as this first reason is a notorious 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 persons comprised within any of the said articles , as shall neglect or refuse to observe this order , or do any thing contrary to the said articles , shall forfeit the benefit of the said articles . and this to be printed , and published by sound of trumpet and beat of drum ; and the committee of the militia of london is desired to take care that this be so published accordingly . hen : scobell cler : parliamenti . the subscription is thus certified . i am commanded by the committee of the militia of london , to certifie , that sir john stawell , knight of the bath , did promise before the said committee , that he would not bear armes against the parliament , nor wilfully do any act prejudiciall to their affairs , while he remains in their quarters , and therunto subscribed his name , according to the order of parliament in that behalf , dated at guild-hall , london , the 18th . of july , 1646. adam bankes clerk to the said committee . having thus performed what by the order of parliament i was directed to do , i did a day or two before i presented my petition to the committee at goldsmiths hall ( where mr. ashe was chair-man ) wait upon him at his brothers house in fanchurch street , and acquainted him with my purpose to petition , desiring his furtherance therin , which he promised , and then informed me of the day that the committee sate , at which time he would not sail to be there himself , and would in all friendly manner further my business , and upon my return from him that night , i drew up my petition , which mr. stonehouse my kinsman , who was then with me , and wrote a better hand then my self , did me the favour to transcribe for me , which petition followeth in these words . for the honourable the committee for compositions sitting at goldsmiths hall . the humble petition of sir john stawell . sheweth , that your petitioners estate hath been for a long time sequestred , and himself reduced to very great wants , which being supplyed by the help of his friends , hath added much to his former debts and engagements . he humbly praies , that you will be pleased to admit him to his composition , according to the articles of exeter , and sir thomas fairfax his certificate , which renders him capable of that agreement . and your petitioner shall , &c. the next day being the 24th . of iuly , mr. stonehouse did me the favour to accompany me to goldsmiths hall , and coming to the door where the committee sate , i desired the door-keeper to acquaint mr. ashe that i was without , and had a petition to present , who brought me word that as soon as sir henry berkleyes business was over , i should be next , and accordingly about half an hour after i was called for , and none of those who were without admitted to come in with me . being come in , i tendred my petition to the committee , and delivered it into mr. ashes hands , who having read it , threw it down upon the table , saying , it was a remonstrance and not a petition , and put it from him towards me as far as he could reach for me to receive again , wherupon i told him , i had brought that for him , and had a copy of it for my self , and so left it upon the table . he told me , i must confess my delinquency , before i could be admitted to composition , and i replyed that i came thither to compound for my estate according to my articles which did not require me to confess my delinquency , and withall told him that i had born armes for the king , and that i did so by his command ; and i said ( by his command ) not that i stood upon my justification ) but to entitle my self to the articles of exeter ) which did excuse me for acts done relating unto the unhappy differences . he then asked me if i had taken the negative oath and covenant , and i answering that i had not , he told me that before i could be admitted to composition i must take them both . j replyed , that by my articles , j was freed from taking any oathes ; and j do well remember , that ( as j have set it down formerly in my remonstrance ) he pressing me to take those oathes , and to acknowledge my delinquency , j did at last make him this answer ; mr. ash , j have known you long , and my good friend , and do desire to preserve you so , and for these gentlemen that are of the parliament ( for j did not then know but that they had been so ) there was very great reason that my judgment and opinion should subscribe to theirs ; but as for my estate it was my servant , and j had a power to command it , but my conscience was my master , and had power to command me , and therfore j must yeild obedience to it ; and since these oathes you offer me are contrary to my articles , and repugnant to those j have already taken , j desire you will excuse me , if j refuse them . hereupon mr. ash willed me to withdraw , and being called for in again , mr. ash told me j was but lately come to town , and therfore they would allow me some time to consider of the negative oath and covenant , of which , it might be , i had not yet taken notice . but unto this my answer was , that i did not desire any time to consider of what was a right which did belong unto me by my articles , and of which if i should accept , and make them the same answer as now , they might conceive that by the acceptation of time , i had abused their expectations wch i was unwilling to do . hereupon i was again willed to withdraw , and attended without , till the committee rose , not knowing whether they might have any thing more to say unto me ; but having not then heard any more from them , after they were risen i departed home unto my lodging . i have set down this conference at large though i have formerly related it in my remonstrance because the reader may observe by it , that i did never in the least kind declare that i had no intention to compound , as mr. ash hath with great impudence and false hood suggested ; but on the contrary did apply my self to the committe , and desire to be admitted to my composition upon the termes prescribed by my articles ; unto which if mr. ash and the committee had given way without inforcing oaths , and covenants upon me , from which i was to be exempted by my articles , i had then perfected the same , & therby had been free from all those miseries & calamities , which i have for many years suffered : for he having ( as i formerly related ) understood from me at my first coming that i intended to compound , did therupon preferre a petition to the house therby desiring that my composition money together with the compositions of mr. coventry and sir . edward moseley might be granted to him , for the discharge of some disbursements of his own wherein he stood bound with collonel allexander popham , col. nathaniel fines , col. hollis and and other gentlemen of the county of somerset for the service of the parliament amounting in all 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 composition would rest ) he might in liew therof be his own carver . in pursuance of this designe , mr. ash having notice by me of the time , when i intended to prefer my petition to be admitted to my composition , notwithstanding his professions of befreinding me therin , takes occasion to misinforme the committee , ( before he caused me to be called before them ) that i was a great enemy , had rais'd armes against the parlaimt. & drawn the first bloud in the west of england , that my petition was not valid , that i acknowledged no delinquency , and had not taken the negative oath , & covenant , wherby in stead of furthering my busines ( as he had undertaken , and i expected ) he so exasperated the committee against me , before i had presented my self before them , that they were resolved to show me no favour but give me time untill my articles were out , that so they might deale with me the better : all which appears by the examinations of sir anthony irby , and sir david watkins , both of them persons of honor , and quality , who were then members of the said committee , which examinations were taken before a committee of the late parliament and follow in these words : the examination of sir anthony irby knight , taken the 16th . of november 1654. before the committee of parliament , to whom the lord cravens petition is referred being produced as a witness on the behalf of sir john stawell , whose petition is referred by the parliament to this committee . who sayth , that he was one of the committee for compounding sitting at goldsmiths-hall , and was present there when sir iohn stawell did preferre his petition to compound , and sayth , that the same was so preferred within the time limitted by the articles of exeter , as appeared by the passe of sir thomas fairfax , and sayth , that the said petition was read at the board , but something therin was disliked ; for sir iohn stawell did not acknowledg his delinquency , nor would he take the covenant , and negative oath ; and further sayth , that sir iohn stawell did not behave himself misbecomingly , as this deponent conceiveth , onely did insist upon the articles of exeter , and said that by them he was to be admitted to composition , and he this examinant took no exceptions at his carriage . and sayth , that in those times there was want of money , and it was his opinion , that sir iohn stawell ought to compound . and further saith , that at that time this examinant did not know of any body that was about to buy any part of sir iohn stawells estate . but sayth that about two , or three years agoe ( as he remembers ) he was at sir abraham williams his house , being about the time of sir iohn stawells tryall for his life , or presently after , ( as he remembreth ) and there he met sir edward baynton , and enquired of him the reason of the prosecution of sir john stawell , and sir edw : baynton then told this examinant that there was a gentleman who would have bought a mannor of sir john stawells in somersetshire or wiltshire ( he cannot tell whether ) and that he the said sir edward baynton had some interest in part of it , and had offerred , if sir john stawell would sell his part , he also would sell his other part ; but said that afterwards he was sorry for that offer , because he conceithat was the originall of sir john stawells troubles . and this examinant further sayth that , sir iohn stawell came punctually within the time limitted by his articles ; for that the committee for compounding gave him a time to appear after the date of the time given by the said articles , on purpose that the committee might shew him no favour when the time given by the articles was out . and sayth , that sir edward baynton told him this examinant that the person who would buy the said mannor was mr. john ash. and this examinant further sayth , that one of the members of that committee being the chair-man , told the committee that sir iohn stawell was without with a petition , but said , the same was failing in many circumstances . and sayth , that after the case then in debate was ended ( which was one berkleys as this deponent now remembers ) sir iohn stawell was called in , and this examinant being now demanded whether sir iohn stawell had subscribed not to beare armes against the parliament , as was required by his articles ; this examinant sayth that there was a committee who sate in goldsmiths-hall to take subscriptions , without which ( as he remembreth ) delinquents were not to stay within the lines of communication , but sayth , that he doth not remember that ever he saw any certificate that sir iohn stawell had subscribed , not to bear armes , nor did he ever see the certificate of any other person to that purpose that came to compound ; and this examinant further saith , that the committee had an order of parliament not to compound with any that did not take the covenant and negative oath , which latter the committee had power to administer and the same was tendred to sir iohn stawell , but he refused to take it , and said , he was excused by his articles : and this examinant further sayth , that it was not then objected against sir iohn stawell , that he had not subscribed the engagment , not to bear armes against the parliament . being cross examined on the behalf of the common-wealth , he sayth . that he doth not remember that sir iohn stawell said , the committee were traytors or delinquents , that to his remembrance , they had no order of parliament that persons should acknowledg their delinquency , before they were admitted to compound ; but the committee made such an agreement amongst themselves : and saith , that some of the committee did say , that sir iohn stawells petition was rather a remonstrance then a petition : and saith , that there was no particular of his estate annexed to his petition , nor was it ordinary so to doe , but the particular was usually delivered after admission to a composition : and saith , that sir iohn stawell did refuse the covenant , and negative oath upon account of his articles ; and that the subscription not to beare armes was not to be made before them , but in another place before they came to them . and sayth , that he was neer sir iohn stawell when he was with the committee , but did not hear any particular ill language given by him to the committee , as he remembreth ; but saith , that his carriage was then as it was usually , not very pleasant , or courtly . sir david watkins examined at the same time on sir john stawells part . saith , that he was of the committee for compounding , and was there , when sir iohn stawell came and presented his petition to the committee , which was within four moneths from the eighth of april , and saith , that he came in a civill manner , but did not acknowledge his delinquency , nor would take the negative oath , and was refused to be admitted upon that account , and saith , that he doth not remember any order of parliament that did forbid them to compound with persons , that did not acknowledge themselves delinquents , but such as had not taken the negative oath and covenant , and saith , that he saw the lord fairfax his passe , dated in aprill , and that he doth account four moneths , after the rate of 28 dayes to the moneth , and saith , that he doth not know , that any certificate was brought to them touching subscription not to bear arms , either in this , or any case of persons compounding upon those articles , and saith , that sir iohn stawells not subscribing , was not objected against him at that time . being crosse examined on the behalf of the common-wealth , saith . that some did say , that sir iohn stawells petition , was rather a remonstrance than a petition ; but the title was a petition , but he had not acknowledged his delinquency , nor taken the negative oath and covenant , and for that reason , he conceives , it was called a remonstrance . that the committee were informed , he had subscribed not to bear arms against the parliament . sir anthony irby being called in , after the company were withdrawn , and asked whether there were any private discourse at the committee , to sir john stawells prejudice . he saith , that sir iohn stawell being without the door , the chairman went out , and on his return told this examinant , that sir john stawell was a great enemy , had raised arms against the parliament , drew the first blood in the west of england , that his petition was not valid , he acknowledged no delinquency , had not taken the negative oath , and saith that the committee pressed him to it , and upon refusall gave him time , till his articles were out , because then they knew how to deal with him , and saith that the committee did not meddle with subscriptions , for that was to be done by a particular committee separated from them , because that ( concerned delinquents stay in town : but only to see that they did take the negative oath and covenant ; and further sayth , that the second day that sir iohn stawell appeared , mr. stephens was in the chair , as he remembers . my composition being thus foyled when i first tendered it , and the committee disaffected to me by the misinformation , and covert practices of mr. ash , i who was ignorant of his designs , ( and took him for my freind , as he professed himself to me in publique ) expected that the committee , after they had considered that i was by my articles excused from taking the negative oath and covenant ( which was the only cause for which they had refused me : ) when they had better considered of the articles , would again have called for m● and given me leave to prosecute the same ; and i was herein the more confirmed , because i saw that by the articles i was not limited to any time wherin i was to make my composition , but was to be admitted therunto when i should tender it , and therefore i did hold my self assured , that the committee who had perceived my readines to compound by the early tender of my petition , would not have looked upon me as a refractory person , or have made use of any power to inforce me therunto . and that i did not herein go upon mistaken grounds , will appear plainly by a solemn judgment and decree in the court of articles given in mr. newcourts case , wherin , the court , upon consideration of a certificate made unto them by the commissioners for compounding , and of the articles of exeter , resolved , that he was to be suffered to make his composition upon those articles , though he had not tendered the same till neer 3. years after the date of them , and that the limitation of four moneths did concern only the excepted persons , wherof i was none : the copy of which certificate , together with the judgment and decree of the said court , follow in these words . from the commissioners for compounding &c. the 10th . of november 1652. gent. in pursuance of your order of the 27th . of october last , in the case of richard newcourt of somerton in the county of somerset , upon search made in the books and papers touching compositions , it appears , that a petition was exhibited the 14th . of april 1649. in the name of the said richard newcourt , confessing that he adhered unto , and assisted the forces raised against the parliament , for which his delinquency his estate was sequestred , and desired to be admitted to composition , according to the particular of his estate annexed to the said petition . and a certificate and estimate of his estate was returned from the late committee of somerset the 15th . of may following , upon all which a report ( according to the usuall manner ) was drawn up , and the fine set at a sixt , one hundred and twenty pounds , fifteen shillings , no mention being made in the petition , or any other paper touching exeter articles . but on the 26th . of march , 1651. the said richard newcourt having obtained your order of reference hither , the 26th . of november , 1649. he again petitioned , desiring to be admitted to his composition upon the said articles , alledging that he was comprised in them , and that one mr. smith his sollicitor , entred his former composition , without mentioning the said articles contrary to his knowledge . vpon hearing of which petition the result was , that no order could be given here in the case . and the fine being still unpaid , the estate continues under sequestration , as by copies of the sayd severall proceedings hereunto annexed appears . jo : leech regist. a true copy tracy pauncefote regist. exchecquer chamber westminster , wednesday the 22th . of december 1652. by the commissioners for releif , upon articles of war . upon full hearing of the cause depending in this court upon the petition of ri : newcourt of somerton in the county of somerset gent. in presence of the councill for the common-wealth , who were also fully heard therin : and upon consideration of the matter of complaint of the said richard newcourt , and of the evidence produced on his behalf . it appearing unto this court , that the said richard newcourt was comprised in the articles made at the surrender of the garrison of exeter , and confirmed by parliament : by virtue wherof all persons included therin , and not excepted , were to be admitted to composition , according to the rates and proportions therin set down , without any limitation of time ; and there being no proof before this court , nor any suggestion therof , that the said richard newcourt had taken up armes , or otherwise engaged himself in open hostility or secret counsell against the parliament , since the said articles granted , wherby he might have lost or forfeited the benefit therof . the court upon full debate of the whole matter , and upon consideration of the acts of parliament , by which they are constituted , and of the power and trust therby committed to them ; do award , order and adjudge that the said richard newcourt be admitted to compound for his estate reall and personall , according to the said articles of exeter . and the commissioners authorized by parliament to compound with delinquents , are desired to take notice hereof , and to admit the said richard newcourt to his composition according to the said articles . a true copy . t. pauncefote regist. but whilst ( upon the consideration of the right which belonged unto me ) i spent some dayes in london , mr ash upon the 30th . of iuly following , acquaints the committee at goldsmiths-hall with the order which ( as i formerly related ) was given by the house for his receipt of my fine together with that of sir edward mosely's , and mr. coventry's and procures from them an order unto the treasurers to pay the same accordingly , in pursuance wherof he received 10434 l. in satisfaction of those disbursments and engagements mentioned in his afore-recited petition , and in his pamphlet declared not to be fully satisfied , but that himself , together with the other gentlemen before mentioned , have and will suffer very much , in case the parliament do not discharge those obligations still in force . the particular of which receipts is evidenced by the order of that committee , and the account of the then treasurers of goldsmiths-hall hereafter following . goldsmiths hall london . at the committee for compounding with delinquents , the 30th of july , 1646. according to an order of the house of commons assembled in parliament , of the seventeenth of this instant july , directed to this committee , whereby the severall fines and compositions of sir edward mosely , sir iohn stawel , and mr. iohn coventry , are allowed and assigned unto mr. iohn ash , a member of the house of commons , for the satisfaction and discharge of the severall disbursments and engagements for the service of the state , amounting to the summe of ten thousand nine hundred and twenty pound , and the monies lent by him for the service of the state ; for which mr. hollis , mr. fines , and mr. alexander popham , together with mr. ash , stand engaged , and by the said order are to be paid with the first , and the engagements discharged . it is this day ordered , that mr. richard waring , and mr. michael herring , treasurers of this committee are hereby desired , and by the said order of the house of commons ordered , to pay the said monies unto the said mr. iohn ash out of the monies that shall come into the treasury for the said severall fines , and these together with mr. ash his acquittance , shall be to the said treasurers , a sufficient discharge . david watkins . richard bateman . ier. alexander . anthony irby . samuell moyer . ch. pack . received of the treasurers within mentioned this 7th of october , 1646. the summe of two thousand pounds , being the moity of mr. iohn couentry , his composition , and in pursuance of this within written order , i say received in part , 2000.l . iohn ash. received more in pursuance of this within written order , this 16th of november , 1646. two thousand four hundred pounds , 2400 l. iohn ash. received this 12th of november 1647. in further payment , one thousand pounds , i say received 1000 l. iohn ash. received of the treasurers , this 4th of march 1647. in further payment of this within written order , the summe of two thousand pounds , i say , 2000 l. iohn ash. received this 8th of october 1648. in further payment of this within written order , two thousand eight hundred thirty five pounds , i say , 2835 l. iohn ash. received this 9th . of november , 1648. in further payment , one hundred ninety nine pounds , 0199. / 10434 l. iohn ash. the before written , are true copies of the originall order and receipts theron endorsed . and in pursuance of which said order , we richard waringe and michael herring , late treasurers at goldsmiths-hall , have towards the within mentioned summ of ten thousand nine hundred and twenty pounds , only paid as before appeareth , the summe of ten thousand four hundred thirty four pounds , so there remaineth unpaid by us the summ of four hundred eighty six pounds . in testimony wherof we have hereunto set our hands this sixth of january , 1654. examined by john bateman . richard waringe . michaell herring . now mr. ash having , as it appears , received so great a summ of money upon these orders of the parliament and the committee , i shall here make a short digression , and pray the reader to observe . first , the falseness of his demands made of the moneys pretended by him to be lent and paid towards the service of the common-wealth , which was the ground of his receipt therof , which thus appears . the charge brought in by him doth rest on severall particulars , some of which are to be taken only on his own credit , being of moneys he pretends to have expended in the service of the parliament , and others which he alledgeth were by him lent and paid in at the guild-hall and goldsmiths-hall . the truth of those which depend upon his own word , cannot be here examined by me ; in regard they are put down generally in a grosse sum , not descending to particulars , and it is a maxime , dolosus versatur in generalibus . but we may guesse how justly he hath dealt in that part of his charge , by what appears touching the summs pretended , to have been lent , and paid in by him unto the treasurers of guild-hall , and gold-smiths-hall , which are , first , to the guild-hall by ten pounds per week , for twenty weeks 200 l. and by money borrowed of his father 200 l. in all 400 l. and into goldsmiths-hall , upon the coming in of the scots , 1100 l. these sums being 1500 l. principal debt , together with the use of them , are cast up in the totall of the debt demanded by him ; whereas in truth , he never lent or paid in of these , more than 70 l. for seven weeks of the 200 l. for twenty weeks demanded , and 50 l. of the 2●0 l. more demanded , as money borrowed from his father , amounting unto 120. l. and 500 l. uopn the scots coming in , for which he demands 1100 l. principall , as appears by these two certificates , from the several officers there , which follow in these words . joh. ash of freshford , esquire , a member of the house of commons . by money received of him , 50 l. 0 . s . 0.d . by money received of him for seven weeks , ending the 28. october , 70.l . 0 . s . 0.d . entred in libro primo mo. fol. 4. 120. l. 0. s. ●d . examined jos. watmough . upon search made in the generall accompt book of monies paid into the treasury at gold smiths-hall london , for advance of the scots army , under the command of the earl of leven ; i find that john ash esquire , paid into the treasury aforesaid , the 24th day of october , 1643. the summ of 500 l. ( and no more ) towards the monies appointed by ordinance of parliament , to be raised by way of loan , for maintenance of the scots army aforesaid , which at the request of edward toll is certified this 14th day of april 1655. by 500. l. onely paid , joh. bateman , clerk to m. rich. waring and mr. mich. herring , late treasurers at gold-smiths hall . by these it is most manifest , that mr. ash hath brought in an overcharge more then he disbursed for the common-wealths use the sum of 820 l. principall , besides the interest which was allowed for these debts , since the time he pretends they were first lent ; and certainly , if mr. ash hath had the boldness to cheat the parliament so grosly in the sums which rested of record upon the treasurers accompts ; we may conclude , he hath in probability abused them much more shamefully in those wherein hee was his own carver , and could not be disproved by any , because he gave not in the particulars , or vouchers for them . and secondly , how dishonestly , unjustly , and injuriously hee hath dealt with the parliament , these gentlemen , and my self in the receiving and disposing of it ; and first , as for the parliament , he was authorised by their warrant , to receive the summes arising by our compositions , when they should be ascertained and paid in , but mr. ash hath by the colour of that order received not onely 8000 l. which was the summe to which the compositions of mr. coventry , and sir edward moseley did amount unto , but also 2434 l. more towards my composition , whereas hee hindred mee himselfe from making of it , and by this mean● he did unwarrantably possess himself , and very unhandsomly borrow so much mony belonging to the publique , contrary to their intention and his duty . thirdly , the parliament was moved to grant our compositions to mr. ash , principally for the discharge of those engagements , wherein he was entred into , together with colonell nathaniel fines , colonell alexander popham , colonell hollis , and others . these gentlemen were then members of the house , and expecting to be freed by the assigning of these monies to him , did surely very much assist him in the procuring of that order , by themselves and by their freinds , when his petition was read , and these engagements were by the order appointed to be paid out of the first monies that should come unto his hands , but mr. ash took so little care to observe common honesty and justice towards the parliament , or those gentlemen , that notwithstanding those engagements , as appears by his petition , amounted but unto 4700 l. and that he hath received ( as i have shewed already ) above 10000l . upon this account ; being much more then was due unto him for the discharge , not only of those engagements , but also of all other summs , which he had really lent and paid in unto the publick use , yet he hath not discharged those obligations , but they remain still in force against those gentlemen , as it appears both by his own confession , in his pamphlet , and a late petition preferred against him by colonel popham , which followes in these words . to his highness the lord protector of the common wealth of england , scotland , and ireland , the humble petition of col. alexander popham . sheweth , that by an order of parliament , made the 17th . of july 1646. the several fines and compositions of sir edward moseley , sir john stawell , and mr. john coventry were assigned unto mr. john ash , a member of the late parliament , for severall engagements for the service of the state , heretofore presented to the house , amounting to 10920 l. lent by himself and others , and secured by mr. hollis , mr. nathaniel fines , your petitioner , and the said mr. ash , which said sum of 10920 l. was by that order to be first paid , and the engagements discharged , as thereby appears . that mr. ash hath received 10434 l. appears under the hand of mr michael herring , a receiver at goldsmiths hall , and yet your petitioner hath paid part of the debts , for satisfaction of which , the said 10434 l. was received , and the said mr. ash forbeareth to re-imburse to your petitioner , or to account for the said money by him received , and your petitioner with others , is also sued for 1000 l. more , borrowed for the service of the state of one mr. chetwind , then chamberlain of the citty of bristoll . wherefore your petitioner humbly prayeth , that in regard the money in question was borrowed for the service of the state , and the matters have been transacted by orders of parliament hereunto annexed , whereof ( being now dissolved ) your petitioner can have no fruit , your highness would please to order mr. ash to declare what payments he hath made out of the said sum by him received , when , and to whom , and what remains in his hands , and that out of such remainder ( if any be ) your petitioners disbursments may be satisfied , or he with the others discharged from the trouble and prosecutions under which they now suffer , by such other meanes of satisfaction of the said debts , as to your highness in equity and iustice shall seem meet . and your petitioner shall pray . so that herein he hath very much falsified the trust the parliament reposed in him , in relation to their honour , in not discharging those obligations , having received money to perform it with a great overplus ; and much abused and prejudiced those honourable persons , whose indempnity and discharge , the parliament did principally respect , and made his request for so much as concerned himself much the easier . and fourthly , he hath been very injurious to me , denying to admit me to my composition , notwithstanding , that upon his own petition , the parliament had ordered me to make it . and that he hath received no lesse than 2434 l. upon the account of my composition , his order not extending unto the same . having made this observation by the way , i shall now proceed , and let the reader know mr. ashes further progresse in the wrongs wherewith i charge him . having thus settled his interest in my composition , he took notice of an ordinance of parliament , of the 13th of november 1645. whereby all persons , who should come out of the enemies quarters , were required to make their appearance before a committee appointed to enter their names , and take an account of their abode , and condition , upon pain of being proceeded against , as spies by martiall law ( which committee did also sit at gold-smiths-hall , but were a distinct committee , from those who were appointed to compound with delinquents ) mr. ash ( not considering that this ordinance extended not to such , as came in upon the articles of exeter , who were onely to appeare and make their subscriptions before the committee at the guild-hall , who were by the ordinance of the second of iuly , 1646 before recited particularly appointed to receive them , but finding i had not appeared before the committee at gold smiths-hall , according to the ordinance of the 13th of november 1645. an order or warrant was entred , and made a record by mr. leech then clark to the committee for compounding , mr. ash being then present , without the knowledge or consent of divers members of that committee , thereby suggesting that i had not appeared either before the said committee , or any other committee of parliament , notwithstanding the time appointed by the articles of exeter , to which i pretended , was expired , commanding me on thursday following to appear before them to answer my contempt , which warrant or order followeth in these words . gold smiths-hall , london . at the committee for compounding , 4. aug. 1646. whereas by ordinance of parliament , of the 13th of november , there was a committee appointed to enter the names of all such persons as should come out of the enemies quarters , and to take an account of their condition , and abode , and by the same ordinance all such persons were required to make their appearance before the said committee accordingly . now forasmuch as you have neglected to make your appearance to the said committee , or to any other committee of parliament , notwithstanding the time allowed by the articles of exon. ( upon which you pretend to come in ) expired . these are to require you to attend , this committee on thursday next , at four of the clock , there to answer your contempt , and give an account of what you have done in obedience to the said ordinance , or in pursuance of those articles , and hereof you are not to fail at your peril . to sir iohn stawell knight . a true copy , sept. 6. 1654. t. bayly . this record being entred ( mr. ash before whom , as he very well knows i had formerly appeared , and to whom i had delivered my petition to compound as aforesaid , and who was besides informed , that i had made my subscription as appeares by the examination of sir david watkins ) was never served upon me , but kept to lye as a convincing proofe against me , when i should be after called to question , either for my life , as a spy , or otherwise that i had never tendred my petition to be admitted unto composition before the committee at gold-smiths hall , nor performed any thing required of me in pursuance of my articles , and accordingly this use was made of it upon my tryall at the high court of justice , where i had been infallibly condemned upon it , had not god blessed me with the presence and testimony of sir henry berkley , whose business was the next before mine , and who ( contrary to the usuall course ) was by accident permitted ( whilst his mittimus was making ) to remaine in the roome where the committee sate when i presented my petition , to prove the falshood of that record , whereof i shall hereafter take occasion to write more largely . i was not then acquainted with the entring of that record , but on the twelfth of aug. following , i received a ticket sent unto me by a messenger , wherby i was required to appear at goldsmiths hal the next day , being the thirteenth , at two of the clock in the afternoon , at which time i appeared accordingly : and well remember , that when i came into the room where the committee sate , mr. ash had left the chair to mr. iohn stephens , and then told mr. stephens that i had been formerly before them , and preferred a petition , desiring to be admitted unto my composition , but that i refused both to confess my delinquency by my petition , and to take the negative oath and covenant ; and that the committee had given me time till then to consider of it : wherupon mr. stephens asked me what i did say to it ; i made him this answer , that there was nothing in what mr. ash had deliverd , which had the nature of a question to me , but was spoken to inform him who was not there the day before : wherunto mr. stephens replyed , say you so , then , sir , by your leave i will put you a short question ; will you take the negative oath and covenant , or no ? to which i answered , that usually , sir , to a short question i do return a short answer , but , sir , i shall not do so unto you , but make you the same answer which i made unto the committee the last time i was here : that i have the benefit of the articles of exeter , which do exempt me from taking of oathes , and in regard they are not agreeable to such oathes as i have formerly taken , i desire to be excused . and this was all that did at that time pass betwixt us : and hereupon they willed me to withdraw ; and about half an hour after , two of their messengers came to me , as i was sitting without the door , and shewed me a mittimus directed to the serjeant at armes , which followeth in these words . by the committee for compounding with delinquents , &c. 13. aug. 1646. wheras sir john stawell , knight of the bath , was summoned to appear before this committee , and there demanded whether he would take the covenant and negative oath , and he absolutely refused to take either of them . these are therfore by virtue of the ordinances of parliament of the fifth of april , 1645. and of the first of november , 1645. to require you to take into your custody the person of the said sir john stawell for his said refusall , and him safely to keep , till he conform himself therunto , and for so doing this shall be your warrant . to the serjeant of the house of commons , or his deputy . after i had seen and read the mittimus and found my self a prisoner , i desired to speak again with the committee , and one of the messengers signifying so much unto them , i was admitted , and spake unto them to this effect . gentlemen , i find by your mittimus that you have made me a prisoner , i had very little before left me but my liberty , my reall estate having been under sequestration for a long time , and my personall , little more then what you see : as long as i had my liberty , i did communicate my wants unto my friends , and i have been helpt and releived by them . but now that you have taken my liberty from me , i desire you to consider of some maintenance that may be necessary for me . unto which mr. stephens made answer , that my request was very just and reasonable , and that there should be consideration had of it : and mr. ash told me , that though mr. stephens should forget it , he would not ; and so with my thanks unto them for that promise i left them : at which severall times both of my first and second coming before them , my behaviour was no otherwise then might beeome a modest man , and persons of their place and quality , as is before testified by sir anthony irby and sir david watkins , gentlemen of honour and worth of the same committee : notwithstanding the committee made this order . at the committee for compounding , &c. 13. of aug. 1646. goldsmiths hall . sir john stawell appeared and refused to take the negative oath and covenant : ordered , that mr. stephens report his carriage to the house , and that he be committed to the serjeant at armes , and mr. stephens to report his desire for an allowance of maintenance . john leech . this being the truth of all that passed in fact , or that is entred upon record with the committee touching my cause : yet mr. stephens , who ( as himself confesseth ) was not present when i first appeared before the committee at goldsmiths hall , in short time after makes his report , and therin ( without ground of truth or warrant from the committee ) informs the house that i had sleighted and contemned the authority of the parliament , and forfeited their mercy contained in the articles of exeter : and this it is most probable he did according to the instructions of mr. ash , as may be easily inferred by mr. ashes words to me , when i first tendred my petition in mr. stephens his 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 have already read , to be a remonstrance , and not a petition , when there was nothing in it but a request that i might be admitted to compound according to my articles wch is the only formall and essentiall thing of a petition , unless he had resolved to obstruct my composition upon the articles ? and is it not most evident that he was much in liking with this design , when , for the carrying on of it , he took the boldness to cause the order , or warrant of the 4. of august to be entred upon record as an act of the committee , without the knowledge or privity of all , or the most part of those of the committee who were then present , as will be testified by sir anthony irby , and sir david watkins , persons of honour and quality , who were both of them members of the committee , and are suggested to have been present at the granting of that order ? especially since the matter of it was , to the knowledge of the committee , an apparant falshood : and howsoever , could not by possibility have judicially appeared before them , because the committee appointed to take subscriptions , was a distinct committee from them particularly appointed for that purpose , as appears by the examination of sir anthony irby . and since in making of it , they took upon themselves , and did exercise a jurisdiction no way belonging unto them , they being intrusted by the parliament to compound with all delinquents , and were not to enquire who did neglect to make their appearance before them , or any other committee of parliament , with whose actions they had no power to intermeddle . and lastly , since there was no present use made of it , the same not being then , nor at any time after served upon me , but only entred to remain there upon record , that it might serve as evidence against me , if i were questioned upon the ordinance of the 13. of novem: ( which that relates to ) as a spy by martiall law , or else in any other manner , and therby either fright me out of part of my estate for preservation of my life , or deprive me of the whole , whensoever he should please to question me ; and if he had ( as he pretends ) given me time to consider whether i would take the negative oath and covenant ; in favour of me , would he have signed the warrant for my commitment the 12 of august ( as mr. leech in his examination before the high court of justice hath sworn ) when my appearance before the committee at goldsmiths hall upon their summons , was not to be untill the next day after : and when at last i was committed only for refusing to take the negative oath and covenant , which the committee would have enforced upon me , and i desired to be excused from taking , as a benefit allowed unto me by my articles : is it not som● thing more then probable , that a desire of compliance with mr. ash his private interest , caused mr. stephens in his report unto the house to represent , that my insisting to have the benefit of my articles allowed unto me ( which at that very time the house of commons had by vote approved ) was a forfeiture of those very articles wherof i craved the benefit , and a contempt of that authority which gave a confirmation to them ? and to conclude , is it not plain , that mr. ash declared sufficiently what his drift was , in these his covert practises against me ; when being brought to the lobby about nine of the clock in the morning , i was put into a dark corner by the outermost door , where my two keepers attending , permitted none to come unto me , but mr. ash , who during my stay there , which was betwixt nine , and three in the afternoon , was with me four or five severall times , expecting that the apprehension i should have of my approaching danger , would have made me propose the parting with my land unto him , to free my self from further trouble . and at his last coming , perceiving that i did not mention it to him , he did himself propose it , and offered to help me to a chapman who should give 4000 l. for aubury , being not half the money it had cost me , as i have formerly related in my remonstrance : to which if i would then have condescended , it is most probable , according to the manner of my close keeping : that i had not been brought unto the bar , as may be necessarily inferred by what he spake unto sir anthony irby , to whom he came severall times after his coming from me , and told him , that he could not bring me to conformity , and therfore must be brought unto the bar , which notwithstanding mr. ashes confident avowing of the contrary in his pamphlet , will be testified by sir anthony against him . who sees not , that all this machination against me is a chain of actions , wherin self-interest , malice , and breach of trust are by their complication raised to so high a pitch of wickedness , that they can scarce be matched by any thing ; but the dissimulation and craft he used to cheat me out of my petition at newgate , when i had nothing else remaining to save either my life , or my estate from utter ruine and destruction . but in regard this discourse which passed in private between our selves , being one of those two things which mr. ash hath undertaken to answer in his pamphlet , is denyed by him , and therfore only rests for proof upon our single disagreeing testimonies , i shall desire the reader to suspend his judgment touching the truth of our two severall allegations , untill he hath read my answer unto the other , and then i doubt not but he will perceive how little credit is to be given to mr. ashes affirmations , upon which terms i quit the further discussion of this point , observing only these three things to the judicious reader . first , that the generall answer he pretends to give in this particular , for proof wherof he doth affirm so boldly , that he hath more then one hundred witnesses , is altogether false . as i shall evidence , when i have given you the substance of that romance which he so formally delivers , being this . that when i was brought to the high court of justice , mr. ash being then present as a witness , mr. attorney generall was pleased to acquaint the court , that at my first appearance there , i had cast out some words reflecting upon mr. ash , and i had filled the town with talk of the great matters i would charge him withall , if he appeared in the court , and therfore mr. attorney prayed , that since he was there present , i might openly declare what it was wherwith i meaned to charge him ; that the court liked the motion , and willed me to speak that which i had to say against him ; that i condescended therunto , & then related some headless stories , and that when i had done , mr. attorney told the court that i had sure much more to say , in regard that which i had now spoken did not reflect at all on mr. ash , nor answer the reports about the town , and therfore pressed me again and again to speak all that i had to say ; & when j replyed that j had spoken all , the lord president spake , letting me know , the court had with much patience heard me tell a long story , though no way pertinent to the matter before them ; the substance being that mr. ash advised me to sel my farm at aubury , and with that money to pay my composition . but the lord president demanded whether he , or any for him , treated with me for buying of it , or whether he discovered a desire to buy the farm at aubury : that j answered his lordship he did not , and therupon the lord president demanding how the story could then reflect upon mr. ash ? j answered , that j beleived mr. ash intended to buy the farm , because he had advised me to sell it . this is in short the substance of his relation , if at least that may be said to have a substance , which is nothing , only an invention of his own : but mr. ash is very just in this particular , and hath not only performed , but is according to the proverb , better then his word . for having assured me ( when i reproached him with his covetousness in the da●k corner ) that he would deny all that discourse , if i should charge him with it . he hath not only made this good , but hath invented also this formall story to give a countenance to his denyall ; and this j shall most cleerly prove , not by the boldness of an affirmation ( as he hath done ) but by the undeniable evidence of the proceedings in the high court , where , whatsoever was read or spoken , was taken at first in short-hand by mr. pococke , a person authorized therunto , and afterwards written at large for information of that court ; and is by authority of the court of articles , and by consent of mr. attorney generall and my counsell , admitted as indifferent evidence . by this it doth appear , that mr. attorney generall upon the first sitting of the court , acquainted them that mr. ash and mr. stephens did both of them appear that day , being the first time that they came to be examined as witnesses in my cause , and without mentioning any thing in the least kind of what is here affirmed by mr ash , desired they might be sworn to give their evidence , and they were sworn accordingly , and did deliver what they had to say before j spoke at all concerning mr. ash his carriage : but when upon my answer to their evidence , j had in part laid open these his practises against me ; mr. attorney generall was then so far from taking notice to the court that what j spake did not at all answer to the reports about the town , as that he appealed unto the court , whether that so much as a word concerning mr. ash was spoken before , that he was then present in the court and gave his evidence . for proof wherof j shall insert here what was spoken by mr. attorney at the first entring into the business of the day , and what he after urged when they had given their evidence , and i had made an answer to them , which followes as it is in the aforesaid record verbatim thus expressed . wednesday 22. of ianuary 1650. the cause of meeting this day , my lord , was , the parliament on the tryall of sir john stawell had especially appointed that mr. john ash should be examined in this cause , he was sent to , but it pleas'd the lord to lay his hand upon him that he could not appeare ; mr. stephens likewise , that was a member of the house was then out of town you were pleased to appoint this day upon this occasion , and sir john stawell had timely notice of it , t is upon the speciall plea , we have done with that of not guilty . i desire if you please that mr. ash and mr. stephens may have their oaths given to them , that they may give in their evidence what they know of this business of sir john stawell . mr. iohn ash and mr. iohn stephens are sworne . my lord if you please j will begin with mr. ash. if you please mr. attorney , let his plea be read . the clark reads sir iohn stawells plea . 1. that he is not lyable to the charge now read against him by the act appointing his tryall , being a person admitted to composition . 2. that by the articles of exeter confirmed by parliament , he ought not to be questioned for the offences laid to his charge . mr. ash and mr. stephens did after this , give in their evidence against me , to which j answered , and having touched upon this passage together with some other things concerning mr. ash his practises against me , mr. attorney generall did then apply himself to the court and spake as followeth . my lord , i thought that sir john stawells own iudgment would have made use of the liberty given him in a fair way , i appeal to your memories whether any one word of this of mr. ash was said before : now mr. ash is here and speaks , that sir john stawell thinks goes to the quick , now it is time to revile and scandalize . and therfore having fully cleered by this record , how grossely he hath erred in his relation , i leave it to the readers judgment , what credit is to be given unto him touching discourses passed in private betwixt us , who hath the impudence to forge and publish this as a thing that passed in publike in the court ; and that he had for proof therof a hundred witnesses , when as unto a thing that is so evident , there is no doubt but every one of all those witnesses will upon the reading hereof assent unto the truth of it . secondly , that mr. ash notwithstanding his impudence to deny the truth , doth yet confess that he did move me to sell aubury for payment of my fine , & though he doth deny that he had an intention to buy it , yet it appears by sir edward bayntons discourse unto sir anthony irby mentioned in his examination aforesaid , that mr. ash himself was the person who was to be the purchaser of that mannor , which is the substance of that wherewith j charge him . and thirdly , that he doth not so much as once alledge among his good advises to me , that he perswaded me unto a composition according to the articles of exeter ( that being the thing wherof i was desirous ) but to acknowledge my miscarriage at goldsmiths hall , where i have shewed already , that i had not at all offended , and therfore could not acknowledge this , or crave the pardon of the house ( as mr. ash advised me ) without confessing of a crime , wherof i was not guilty , and subjecting my self unto the censure of the house , as a person who had affronted the committee imployed under them . so as if i had been remitted to goldsmiths hall to make a composition ; they must have needs according unto justice ordered the committee to have received a fine from me , not only in relation to my articles , but also for that pretended contempt of their authority , which mr. ash had a desire i should confess for his own private benefit , for having formerly begg'd my composition , he was in hope that this might have been super-added unto it , so as this being one of the main things wherwith i charge mr. ash , is here acknowledged by him . but two continue the naration which i have upon this occasion interrupted : mr. ash , after the proposition which he made for purchase of my land at aubury , was not above a quarter of an hour gone from me , but i was brought to the bar where being commanded to kneel , i desired , that before i received any mark of their displeasure , i might know my offence , wherupon i was committed to newgate , and these following resolves , and orders passed against me . die martis 18. augusti 1646. sir john stawell being brought by the serjeant to the barre , and by mr. speaker commanded to kneel , refused , desiring first to be informed what was his offence , he was thereupon commanded presently to withdraw . resolved , that sir john stawell be forthwith committed prisoner to newgate for high treason , for levying war against the parliament : ordered that the sheriffs of london and middlesex be required to take speciall care , that sir john stawell committed by warrant of this house , prisoner to newgate for high treason , for levying war against the parliament , be kept in sure and safe custody . upon which order a mittimus was drawn up under the speakers hand , which followeth in these words . by virtue of an order of the house of commons , these are to require you to receive from the serjeant at armes , or his deputy , the body of sir john stawell , knight of the bath , into the prison of newgate in london , and him there to detain in safe custody as your prisoner , untill the pleasure of the house be signified to you to the contrary ; he being committed for high treason , for levying war against the parliament : and for so doing this shall be your warrant , dated 18. augusti 1646. william lenthall speaker . to the keeper of the prison of newgate in london . ordered , that mr. palmer . mr. walker , mr. harrington , mr. searl , sir thomas wroth , mr. blague , and collonel popham , or any two of them do take care that there be a prosecution , and an indictment prepared against sir john stawell at the next assises to be holden for the county of somerset for high treason , for his levying war against the king , parliament , and kingdom of england . die lune 28. feb. 1647. ordered , that mr. maynard and mr. hill do take care of the indictment against sir john stawell at the next assises for somerset : die mercurij 14. martij 1648. resolved by the parliament , that sir john stawell knight be proceeded against for life in the vpper-bench . hen. scobell cler. parliamenti . and now having nothing left me to save either life or estate , but by way of petition to make my case knowne unto the parliament : and having told mr. ash when i came out from the bar , that i hoped , that in regard they did not admit me to speak , they would not be displeased at my addresse by petition : upon this hint of my purpose , mr. ash came unto me three or four daies ( as i remember ) after my commitment to newgate : and after that he had expressed , seemingly , a great deale of sorrow and trouble , that his good master ( for so he called me ) was in so sad a condition , he offered me his service to do what possibly lay in his power ; & sithence there was nothing more seasonable for me then good advice , hee did earnestly desire me to apply my self very humbly to the parliament by petition , i told him that his advice and my own resolutions , did very well agree , and that i did intend to do so . whereupon he told me that he had a very earnest request unto me , and prayed me that i would not deny it , which was , that he might have the honour to preferre my petition for me ; and if it were so that i would trust him with it , if he did not give me a very speedy account therof , and that if he did not use his utmost endeavours to accomplish so much as i should therin desire , he would give me leave wheresoevr i saw him , or spake of him , to say , my servant ash was an arrant knave , i told him ; that although i did intend to deliver a petition , yet it was not my purpose to have troubled him with it ; but since he had so freindly invited me therunto , he should have it , he prayed mee speedily to draw it , i told him that i would , he told me then hee would come the next morning to me for it , and accordingly he did so ; but not liking the petition , for that i had expressed therin , that i had the benefit of the articles of exeter , and that i had accordingly submitted unto my composition , and that i was refused only for denying to take the negative oath and covenant , and therfore did pray that i might be referred unto my composition , and restored to my liberty , he told me that this petition did too much expostulate with the parliament ( for so he termed it ) that was highly displeased with me ; and that i should not petition in that way but draw up an humble petition , that should shew that i was very sorry that i had incurred their displeasures in refusing to kneele when they commanded me , and to excuse that offence in the best manner that i could , and to beg their pardon for the same , and this he told me would be sufficient to take off the prosecution of my indictments which was the first thing in order to be done , the assizes being so neer at hand in the country . wherupon i sent another petition to him ; which by his letter written to me he seemed very well to approve of ; but yet though i did very often solicite him by my wife and freinds , to put him in mind to prefer the same , he never delivered it to this day , nor did ever come neer me after that time , which petition followeth in these words . to the right honorable , the commons assembled in parliament . the humble petititon of sir iohn stawell , prisoner in newgate . whereas your petitioner by command lately attended this honorable house , and being brought to the barr , was enjoyned to kneel , which your petitioner forbore to doe , not out of any will to lessen the great respect and reverence due to that honourable assembly , but conceiving he might first have spoken . but now finding that he hath committed an error , for which he holds himself obliged to make an humble acknowledgment , and by this petition to crave a favourable interpretation of his offence . your petitioner humbly begs your pardon , being very sorry hee hath given you so just cause of displeasure , and shall account it ( in these his sad misfortunes ) a very great happinesse to be restored to a capacity of your favours , and that you would not looke back upon what he praies may be forgotten , but bee pleased in the midst of iudgement to remember mercy . and your petitioner shall pray , &c. iohn stawell . this is verbatim what i have published in my remonstrance , touching mr. ash his receipt , & keeping back of my petition , & this is the main thing at which he takes exceptions in his pamphlet , where with a more than ordinary confidence , he doth affirm , that there is not one line of truth in my relation , and that hee hath himself severall witnesses to prove the falshood of it ; and therfore i shall here set down the story he hath framed in answer unto this particular , and shall by undeniable proofes and arguments shew it to be a meer falshood of his own contrivance and invention , the same being in effect thus . that about three or foure dayes after my committall to newgate , my wife came to the house of mr: edward ash about nine or ten of the clock at night , and desired to speak with him from me , intreating him to come unto me , & that at length not without great importunity and solicitation on her part , shee did prevaile with him to go thither . that when he came , i desired of him to deliver a petition or make a motion unto the parliament in my behalfe , that i might be removed to another prison , and that he would nominate the tower for that purpose , that he desired to be excused in that ; but councelled me to preferre a petition to the parliament wherein i should acknowledge my * miscarryages ( as he is pleased to term them ) at goldsmiths-hall , and at the parliament , and crave pardon for the same , & that the prayer of my peon should be , to be remitted to goldsmiths-hall , and receive the benefit of exeter articles . that i refused this advice , and only prayed him to present a short petition to the parliament for my removall out of newgate , and that i undertook the danger of this petition my self , since it would be my fault , not his . that he at last undertook the delivery of this short petition , so as he might have a sight of the foule copy to correct , which j sent him the next day ; but hee disliked it , and was inforc't with his own pen to correct the greatest part of it , but j not liking that , sent him another petition of my own drawing , which hee likewise disliked , but after severall amendments took , and attended severall days to deliver , but being forced to go into the country about his occasions , some sixteen days after hee had received my petition , for so long , and no longer , he saies , he had my petition in his custody , sent his letter to me to give me notice of it , and desiring my directions into whose hands he should put it , whilst he was absent , that having sent this letter to mee in newgate , i returned my thanks for his care , wishing him a good journey into the countrey , and directed him to leave it in the hands of mr. denzell hollis , or sir phillp stapleton . that the next morning he went something early to the house , where he met happily with mr. hollis , who was in private discourse with another gentleman , but mr. ash somthing uncivilly interrupted him , told him that i presented my respects to him , and had sent him a petition , which i desired might by his hand be presented unto the house , which mr. hollis took , and put into his pocket , and promised to take care of it ; and mr. ash saith , that at his coming home , he wrote unto me to inform me of this , and advised mee to imploy some friend to mr. hollis to mind him of it , unto which letter i returned him an answer by one of mine , thanking him for having lodged my petition in so worthy a hand , promising to observe his advice , and wishing him a happy journey into the country , and a safe returne . that he went into the country , and returned againe about three weeks after , and when he met with mr. hollis , asked him what he had done with my petition , that mr. hollis told him it was such a one , as would , if it had been delivered , have more incensed the house against me , in regard i desired nothing by it , but my removall to a better prison , and mr. ash asking where the petition was , mr. hollis told him , he had sent it back to me with this direction , that i should draw another , humbly acknowledging my miscarriages , craving pardon for them , and desiring to be remitted unto goldsmiths hall to make my composition , and to receive the benefit of exeter articles , and further letting me know , that if i would send him such a petition , he would not only deliver it himself , but engage all his freinds , that my desires should be granted : that mr. ash demanding of him whether i had taken his advice , he replied no , adding withall , that i was certainly either mad , or had lost my wits , i was so obstinate ; upon which mr. ash said , that had been also his advice , and of some others of his freinds , but i rejected their councills , and he concludes with an affirmation that hee never received other petition from me , then that which hee hath mentioned . this is the substance of the narrative , which mr. ash hath in his pamphlet published , as an answer to this passage in my remonstrance and this he doth affirm , the witnesses ( if called ) will make good ; so as upon the truth hereof , he builds the credit he would have the reader give unto those other things which passed in private discourse between my self , and mr. ash. i shall therefore examine the truth of all these allegations , and having shewed the manifest vntruth and falshood of them , i doubt not but the reader will find great cause to wonder at his confidence , in publishing this story of his own invention , the falshood whereof is not only notoriously known to himselfe , but will be also clearly evidenced unto the reader by that , which followes . and first , whereas he doth alledge that he came to me upon the earnest desire , and solicitation of my wife at nine or ten a clock at night ; i shall desire the reader to observe the want of ingenuity there is in mr. ashes relation , notwithstanding his profession of an exact truth & plainess ; for i affirme with confidence , that mr. ash did , as i have before alleadged , come of himself unsent for by me , about three a clock in the afternoon , within three or four dayes after i was committed to newgate , and did officiously , ( or debasedly as he would have it by his pamphlet ) court me to have the honour ( as i have said in my remonstrance ) to preferre my petition for me : and this passage which he relates with so much circumstance , as the first time when he came to me , was not till some time after he had been with me , received my petition , and pretended to waite an opportunity for the presenting of it ; now the occasion upon which mr. ash was by my wife desired , to come into the prison to me at that late hour , was onely this ; my eldest son iohn stawell , lay then sick in bathe , and being in arrear for his expences in dyet and physick , she had received a letter from mr boyse at whose house he lay , wherby he let her know , that unless 50. or 60 l. ( as i remember ) were speedily sent unto him for discharge of those scores , he would not entertain him longer , but would remove him thence into the country , where he could not have that conveniency for such remedies to recover him as were then used about him : now my wife having received this letter , unwilling to loose time , did with the tender care of a mother on behalf of her son , importune mr. ash to come unto me , without acquainting either me , or mr. ash with the occasion , for which she desired his coming to confer with me , untill she brought us both together , and then she did acquaint us with the letter which mr. ash did read as well as my self , and earnestly desired the furtherance and assistance of mr. ash for the procuring of that summ from the parliament by his means , upon this urgent and extream necessity : my estate being then , and long before totally sequestred , nothing let us , and no allowance at that time set forth either to wife or children : i joyned with her in this request , and mr. ash did promise us to use his best endeavour in it : but whether it were that he did move in it and could not prevail , or that he never stirred in it according to his promise ; the success was , that the money being not procured in time , he was removed thence into the country , to the great prejudice of his health , considering his weak and languishing condition ; and this was the only business , which at that time was treated of between us : so as i cannot but admire his boldness in framing and divulging of this story to mislead the reader , by making him beleive it was then , that j engaged him to undertake the presenting of my petition , which , before that time he had received from me , contrary to truth and his own knowledge . now , wheras he pretends that the petition which i sent him , was only for my removall unto a better prison , and that he did himself amend the first i drew in many places with his pen , this is so impudent a falsehood , that it is wonderfull with what face he can alledge it . i have the individuall paper in my custody , not corrected or interlined at all by him , or any other , and that was drawn according to my own sense , it being to inform the house , that i was comprised within the articles of exeter , and to desire my enlargement , and to be remitted to goldsmiths hall to make my composition there , according to my articles : the copy wherof follows in these words . to the honorable the commons assembled in parliament , the humble petition of sir john stawel , sheweth , that your petitioner being comprised within the articles of exeter , hath , according to your order of the second of iuly last , subscribed before the committee of the militia of london , not to bear arms , or act against you , remaining in your quarters , and as by the said articles is required . that he hath preferred his petition to the committee of goldsmiths-hall to be admitted to his composition , but was rejected , for that he refused to take the negative oath and covenant , from both which by his said articles he is expresly exempted . it is his humble sute , that you will be pleased to grant him his liberty , having some time patiently undergone the sense of your displeasures in newgate ; and that he may be remitted to prosecute his composition , to which he hath formerly submitted , without taking of oaths , or other impositions not agreeable to his articles . and your petitioner shall ever pray , &c. but mr. ashe coming unto me when i had drawn it ( as i have said before ) disliked with this petition , and would have had me make one to acknowledg my miscarriages at goldsmiths-hall , indeed , because he would by my confession , have justified his own miscarriage there , in denying me the benefit of my articles ; and unto this i could not condescend , without incurring the just displeasure of the house , in acknowledging a crime , whereof i was not guilty , contrary to truth , and the benefit allowed unto me by my articles . his next advice was , as i have set down before , to desire their excuse for my not kneeling , which i did by the petition , whereof i have before set down the copy , and that was well approved by mr. ashe , as appears by his letter sent unto me upon the receipt thereof , which letter followeth in these words , worthy sir , i have now received yours , and the inclosed , which i cannot dislike , as to the matter for which it is intended ; my indeavors shall not be wanting to do you service ; and the house shall check the greatest impudency that ever possessed me , if it be not to morrow presented to their view ; if i fail in my intentions , and frustrate both your and my expectations , do not blame me but my fate ; for i shall struggle hard before i receive a denial . i shall meet sir iohn bamfield this evening , at supper in the temple , with mr. prideux , to whom i shall communicate your commands . i expect a fair draught of this at my lodging this evening , or at the house to morrow by eight of the clock in the morning , signed with your name , that so i may avow it to be yours . you may impart the business to all your friends , that so they may be ready to welcome your petition when it shall be to morrow presented by your loving servant , john ashe . fanchurch-street munday 12 at noon . to the honored , my noble friend , sir john stawel , knight of the bath , these present . newgate . and that this is a true copy of that petition he received to present on my behalf , appears by the deposition of mr. basset , whom i desired , according to the counsel given me in mr. ashes letter , to shew the same unto severall members of parliament , praying their favor when it should be presented by him , which deposition is as followeth , to the right honorable the commons assembled in parliament , the humble petition of sir john stawel , prisoner in newgate . whereas your petitioner , by command , lately attended this honorable house , and being brought to the bar , was enjoyned to kneel , which your petitioner forbore to do , not out of a will to lessen the great respect and reverence due to this honorable assembly , but conceiving he might first have spoken ; and now finding that he hath committed an error , for which he holds himself obliged to make an humble acknowldgement , and by this petition to crave a favorable interpretation of his offence ; your petitioner humbly begs your pardon , being very sorry he hath so justly incurred your displeasure , and shall account it , in these his sad misfortunes , a very great happiness to be restored to a capacity of your favors ; and that you would not look back upon what he prays may be forgotten , but be pleased in the midst of iudgement to remember mercy . and your petitioner shall pray , &c. this is a true copy of the petition remaining in my hands , which sir iohn stawel delivered me in newgate within few daies after his commitment thither , to shew unto several members of parliament ( videlicet ) mr. hollis , sir philip stapleton , sir iohn holland , and mr. iohn crewes , with letters unto them directed from the said sir iohn stawel , praying their favors and assistance in seconding the original , when it should be presented unto the house . the 11. of decemb. 1654. will basset . william basset esq sworn decemb. 15.1654 . tho. benet . and now having lodged my petition in mr. ashes hands , which , notwithstanding his denial of it , appears to be not a petition for my removal to a better prison , but such a one as was approved of by mr. ashe himself , and is the very same that i have printed formerly in my remonstrance ; i shall desire the reader to observe what truth there is in that account he gives of the disposing of it . and here he hath related so many particulars , that it can hardly be imagined but some of them will be made good to prove the story which he so formally delivers ; as first , his care in coming early to the house , his earnestness in the uncivil interrupting of mr. hollis to deliver the petition to him , his solicitude in the enquiry after it from mr. hollis as soon as he returned , and the affection he expressed in consulting with mr. hollis how to do me good , by whom ( it seems ) all his advices were approved , and i condemned for madness and obstinacy ; and yet it is most certain , that this narration , with all its circumstances , is an invention of his own brain , disavowed by mr. hollis , and contradicted by himself , in a letter which he sent unto me upon his going out of town , to give me an account of the disposal of my petition , both which letters follow in these words . worthy sir , had i time to visit you , i would not have now written , nor have been so long from you ; i pray excuse me , for i promised your lady the last night to come this morning to see you . she taking notice of my going out of town this morning , came to me the last night , and mr. merefield , and they both were earnest with me to acquaint them how i had left your business , whilst i should be absent ; and having informed them , they were desirous that i should let you know either as much by word of mouth ( if possible ) or by letter . sir , as to your business , it is so , that since i saw you last , i have waited every day with your petition in my hand , hoping to meet with an opportunity wherein i might present it for your advantage ; i have now commended the care of it , and you , to my worthy friends mr. hollis , sir philip stapleton , and sir william lewis , to whom i have written yesterday with all earnestness to do their best for you . i am confident of their care and faithfulness to attend it in my absence , which will not , i hope , be long ; i am going this morning with mr. prideux , and some other good company into the west , as far as bristol , i shall hasten my return with all convenient speed , i hope that in the mean time , my friends will procure a releasement for you from that nasty cabben , which is the earnest desire of your humble servant , john ashe wednesday morning septem. 9. 1646. to the right worshipful sir john stawel , knight of the bath , these deliver , newgate . sir , i cannot call to remembrance that ever i saw any petition of yours to the parliament , less , that it ever was in my hand to present it ; if mr. ashe be very certain of it , i know not what to say to it , only this i dare affirm , it must have been for a very short time , and that there was no possibility of getting it read ; for i was too sensible of any gentlemans sufferings , to omit any opportunity of serving him : but i rather beleeve he is mistaken , and that he gave it to one of the other two gentlemen , whom he mentions , and who , i am confident , were as careful to have delivered it , as i should have been ; but what might hinder it , i do not know , so long since may very well be out of memory . sir , i am sorry i can do you no service in this particular ; in any thing else , that shall lye in my power , i shall bee ready to shew my self , sir , your very affectionate and humble servant , denzel hollis . cerne octob. 30. 1654. to my much honored friend sir john stawel . by these it doth appear , that all the formal story , published with so large a dress of circumstances by mr. ashe , is a meer fiction invented by himself ; for he confesseth in his letter , that he did not deliver it himself to mr. hollis , but recommended it unto him by a letter that very day , on which he now alledges that he had given it into the hands of mr. hollis , in the morning before the sitting of the house . and if he did at all commend it to him by a letter , it was committed to the trust of such a messenger , as never yet delivered it to mr. hollis , who consequently could not , nor did at all return it to me with his friendly counsel , nor could there be occasion ministred for the discourse invented by mr. ashe , and published him as a thing that passed between them two , wherein he hath suggested , mr. hollis did concur with him in censuring of me . why should i longer dwell upon this passage , having already proved by witnesses , by arguments , by his own letters , that notwithstanding the strange boldness which he hath used in publishing this fiction , there is not one true word throughout the whole contexture of it ; so as by grounding the credit which he would have given to his other allegations , upon the proof he pretends to make of this particular , he leaves the reader to admire his confidence in the avowing of a slander , without the least ground of truth , or probability for the maintaining of it ; and therefore i must needs conclude this point , as i did formerly at the high court of justice , that mr. ashe , by the professions of love and kindness which he made to his good master ( for so he called me ) got the possession of my petition , and did ingage himself to deliver the same unto the parliament , but did maliciously and wilfully fail in performing his engagement : by which failer , and breach of trust , he did ( according to mr. ashe's inference ) iudas-like betray his master . and certainly , the consequences of this breach of trust fell heavily upon me ; for i was shortly afterwards indicted , first at taunton assizes , where the bill of high treason was found ; next at the sessions at bridgewater , where there was an ignoramus ; and last of all at charde , where three indictments were found , one for high treason , and two for murther , for killing of osborn at marshals elme , and for execution of viccary , when i was governor of taunton , many of the grand jury being the inhabitants of taunton , and such who had recovered judgements for great summes of mony against me , and have since purchased a good part of my estate , which indictments were afterwards removed by certiorari into the then kings bench , where the 12. and 13. of may , 1649. i was arraigned upon the indictment of high treason , in levying war against the king , upon the statute of the 25. of edward the third , and upon my moving to plead specially , the court ordered accordingly , that i should bring in my special pleading the first day of the next term , and did assign me counsel for that purpose , but i was never brought to plead further to that indictment . the 18. of iune 1649. an act was printed and published , entituled , an act for relief of all such persons , as have been , are , or shall be sued , molested , or any way damnified , contrary to articles , or conditions granted in time of war . in which act commissioners were nominated to hear , and determine cases concerning articles , according to the powers of the said act . whereupon i did address my self by petition unto that court to be relieved upon my articles , which petition was read the 10. of iuly 1649. and is verbatim printed in my remonstrance , and therefore i spare here to insert it . but upon this petition , no proceedings were made by the said court , whose authority determining with the said act , was on the 10. of iune 1650. renewed for six months , by act of parliament ; and then ended by expiration only . and here , before i mention any thing of the proceedings against me at the high court of justice , which happened more then a year after , i shall desire the reader to observe the falshood of mr. ashe his pamphlet in two particulars which hee suggesteth , viz. that i did not upon any trial at the then kings bench bar , claim the benefit of the articles of exeter , and did not at any other time after challenge the benefit of them by petition to the parliament , nor any committee from them . as to the first of these ; the falshood of it is apparent ; for that upon my motion to plead specially , the court allowed it to me , and ordered me to bring in my special plea on the first day of the next term , and did assign me counsel for that purpose ; but i was never called upon to plead further to that indictment ; so as it is impossible for mr. ashe to know what i would have pleaded had i been called ; and i can with much confidence affirm , that albeit my counsel might advise me , to offer in the first place to that court such matters in law as were more proper for them to judge upon , yet i was resolved , both according to my own sense , and the opinion of my counsel , not to plead any plea , which might deprive me of the benefit of my articles , as being resolved to insist upon them , whensoever my counsel should advise me it was seasonable to demand the allowance of them . and for the second ; it appears manifestly false by the petition before mentioned , which i preferred unto the commissioners appointed by the parliament , for relieving persons upon articles , before the 10. of iuly 1649. which was at least seventeen months before that i was brought unto the bar at the high court of justice , and was as soon as the house had appointed any court to relieve such as were agrieved upon articles ; and that i did not make any application to the parliament upon my first committal , was no default in me , but in himself , who having then perswaded me to alter my petition to them , and after kept it either by fraud , or malice from their sight , doth now charge that upon mee as a crime , whereof himself is only guilty . but that i may conclude this long narration , the power of those commissioners being ( as i have said before ) expired , upon the 26. of march following , the high court of justice was established , and on the 9. of iuly next after , an act was published for the trial of me , and of some others for our lives before them . the 20. of the same month , i was by order of the said high court removed in order to my trial from newgate to the tower of london ; and on the 17. of december following , i was brought unto the bar of the said high court , there to abide a trial for my life . and certainly , there is no man , who had but the least spark of generosity , or humanity , but would bee moved with some compassion , and afford his just assistance unto a person reduced to that extreme degree of danger wherein i stood . that very iudas ( to whom he doth with so much scorn fancy himself to be resembled ) when he saw his master voted guilty by the jews , and that he was to be presented before pilate , there to receive his last tryal , felt some remorse , and coming to the princes and the elders , confessed his treachery in the betraying of him ; but mr. ashe , in this sad exigent whereunto i had been brought by him , was so far from doing right unto me by his testimony , that concealing my appearance before the committee at goldsmiths-hall , and the presenting of my petition there , which i had put into his hands , he came to justice that most false record entered in his presence the 4th . of august , which proved , that i had not appeared either before the committee at goldsmiths-hall , or any other committee at the time when that record was entred . and to the end it might not be inferred that i had claimed the benefit of exeter articles before them by that clause of the record , which saith , that i pretended to come in upon those articles , the same was totally left out in the copy produced before the high court of justice , and notwithstanding sworn as a true copy of the whole record . this evidence was much insisted on , and strongly urged against me during the greatest part of my trial ; and it was in vain that i produced persons of quality and honor , sir iames thinne , and mr. a●●i●● paulet as witnesses for me , to prove the tender of my petition , for they could onely swear , that i was there with them in iuly ; that i had a petition in my hand , which i told them i did intend to present unto the committee , and that i was called in a while after into the room where the committee sate , staid there some time , and at my coming out told them i had delivered my petition to the committee ; but in regard they were not suffered to come in when i was called , they were not able to swear that i had given my petition into the hands of mr. ashe , as i alledged , and therefore this being no concluding evidence for the delivery thereof , it was pressed , that my averment in this case was not to be received against the said record , which did positively affirm that i had not on the 4th . of august , or any time before , appeared before them . and certainly , that high court , notwithstanding their depositions , would have condemned me by their justice , had it not pleased god in his infinite providence and mercy to me , to put into my mind , that sir henry berkley ( whose business was heard immediately before mine ) had by meer accident , contrary unto the usual course , staid in the room whilst his mittimus was making , and whilst i tendred my petition to mr. ashe ; i made this known unto the court , and they were honorably pleased to give me time for the producing of him , at which time of sir henry berklies appearance , that individual petition , formerly delivered to mr. ashe ( the tender whereof was so stifly denied ) was then , and not before , produced in court , and mr. ashe appearing the same time . used his utmost skill to incense the court against me , plainly shewing the intention of entering that false record was , to deprive me of my life whensoever i should be called to trial for it , as a person who had neglected my time , and thereby forfeited my articles . this foul practice in a person so highly trusted by the parliament , together with mr. leeches oath , which did expresly aver the record of the fourth of august to be entred by the committees appointment , was surely ill resented by the court , although they made no mention thereof in their proceedings , because it never came judicially before them ; but in my case , after mature advice , and several debates , they all resolved , and did accordingly certifie unto the parliament , that i was comprised in the said articles of exeter , did personally appear within four months , according to truth ( although my articles , as i have formerly said , required not the same ) and presented a petition to the committee at goldsmiths-hall , for a composition , in relation to the said articles , which they resolved was a submission to composition , according to the said articles of exeter , thereby implicitly condemning m. ashe of injustice , in denying to admit my composition tendred with all due circumstances , which on my part i was to do , and of a foul conspiracy against my life , in countenancing a false record unduely entred , to stand against me as an evidence , and be a ground for the condemning of me , contrary to the truth , and his own knowledge . my life being thus , by the blessing of almighty god , and the justice of that honorable court , preserved , my estate was notwithstanding on the 16th . of iuly following , adjudged by act of parliament to be sold , and accordingly was purchased by several persons from the trustees at drury-house . upon the 29th . day of september 1652. the house was pleased to pass an act for reviveing of the former act made for relief of persons upon articles , and nominated commissioners for that purpose , rejecting two provisoes tendred to the act on the 28. and 29. dayes of september , before the passing of it , which tended to the limitation of that benefit which the house was honorably pleased to grant and allow unto such persons as should claim relief by articles ; requiring , that the judgement and orders of the said commissioners be obeyed and observed by all courts , committees , officers , and other persons concerned , any law , order , or ordinance to the contrary notwithstanding . the 14th . of october following , i exhibited my petition to the said court , craving relief upon my articles , where , after witnesses examined , publication granted , and a full hearing of all parties , the commissioners did solemnly declare and adjudge that i was fully capable of the relief intended upon the said acts of parliament , constituting that court , and that i ought to be admitted to compound for my whole estate , according to the tenor of my said articles , as appears by the judgement , and proceedings in that court , mentioned at large in my remonstrance , which judgement i forbear in this place to insert , because i shall hereafter have occasion to mention it . neither are they questioned at all by mr. ashe , who notwithstanding hee hath been formerly examined against me in the high court of justice , and that testimony of his , taken in the book of short-hand , was afterwards read and made use of in the court of articles upon the hearing of my cause , according to the said order , allowing the book of short-hand to be made use of as indifferent evidence on both sides , and notwithstanding the solemn judgement of those two honourable courts who have plainly declared the refusal of my petition for a composition when i tendered it , to be a violation of my articles , is yet so passionately pressed against me , that without all regard to truth and modesty , he hath divulged this scandalous and scurrilous pamphlet to asperse me only ( as himself professeth ) that he might be received as a witness to swear against me , before a committee appointed to examine my petition by the late parliament , whom he had hoped to have mis-led , by his false allegations , whereby he hath occasioned all my miseries and losses . and for the better countenancing of his fables , there is with it come out , in the name of the purchasers of my estate , a re-examination of all the matters formerly moved , heard , and determined in my former hearings , which for that reason , i forbear to answer , as deeming it unfit to submit the things already cleered , and judged by two such honorable courts , as it were unto another trial and examination , to satisfie the fancies and pleasures of i know not whom . reader , i have here given a true and an exact account of all that mr. ashe hath acted in my business , from my first coming to london after the surrender of exeter , until the sentence given for me in the court of articles , by which it appears plainly , that my remonstrance is not only true in all those passages touching mr. ashe , which i have there set down , but also that i have therein , out of a christian respect , and charity ( whereof he hath made me but an ill requital ) forborn to publish that foul practice he hath used to take away my life , and my estate , the which i had not now divulged , were i not compelled to do it for my own vindication , against those false and malicious slanders , which he hath sought to fix upon me , by his shameless pamphlet , which was most maliciously published at the very time when by my petition ( which made no mention of him ) i sued unto the parliament for my relief . i have most cleerly proved , not by a feigned utopian discourse , but by undoubted evidence , the testimony of witnesses , persons of honor and integrity , by his own letters , by records , and by the solemn iudgements of two great and honorable courts , that mr. ashe hath herein broken all those tyes that are most sacred , as being the foundation , wherein doth rest as well the private , as the publick conversation of men , not to be violated , without the general confusion of all laws divine and humane ; for if you shall consider mr. ashe as a private person , you will find him a man pretending friendship , who having promised assistance to his friend in those indearing terms that might beget a mutual confidence , and being the sole man who was relied upon for favor , did afterwards , without offence , or provocation , for his own private benefit , inveigh against the person that trusted in him , whom he presented to the committee ( who were his judges ) under so foul a character , that before they saw him , they began their knowledge of him by the hatred of his pretensions , and person ; you see him afterwards publickly obstruct that composition he had promised to further with his best assistance , and when by breach of that publick trust which was reposed in him by parliament , he had procured unto me their displeasure , you see him then resume the person of a friend , that he might cheat me of my petition , when i had nothing else remaining to preserve either my life , or estate ; and having gotten the possession of it , to keep it by him , and neither offer it himself unto the house , or put it into the hands of any other , as he pretended to have done , upon his going into the country , after which time he never more came neer me , as i have formerly said in my remonstrance . what can be added unto the malice and perfidiousness of this , being all acted under the colour , and pretence of love and friendship ? but if we look upon him as a publick person , then this miscarriage appears in him much fouler ; for we must then consider mr. ashe as a man most highly trusted by his country , when they returned him to serve them as a member of parliament , and most particularly favoured by that great assembly , by nominating him a member of the committee , who were intrusted to dispence their justice granted in the articles of war made by their armies , unto the strict performance whereof , the publick faith and honor of the armies , the parliament , and the whole nation in general , were by the law of god and nations , ingaged in a most eminent and particular manner ; and upon this depended the lives and fortunes of a considerable number of their fellow-subjects , who were ingaged for the late king in those unhappy differences , whom they were to admit to composition upon the terms prescribed unto them by their several articles , so as they were appointed iudges over things which are above all other of the highest consequence and most concernment , to wit , the publick faith and honor , the estates , the lives and liberties of their country-men and fellow-subjects ; and among all these persons , there was more than ordinary confidence reposed in mr. ashe , who was the chair-man of the said committee ; wherefore for such a man , thus qualified , advanced , and trusted , first to obtain the grant of a fine unto his own particular use , which was to be assessed before himself ; for the obtaining whereof he exhibited unto the parliament , a cheating false account , claiming sums which he not at all disbursed , as i have formerly expressed ; to play the orator , and falsly to calumniate a person to his fellow judges , who was a stranger to them , and did appear before them an humble petitioner to obtain the benefit intended to him by his articles , having engaged himself to favor his petition ; to obtrude oathes and covenants upon him , from which he was to be exempted by his articles , and for that reason to deny this composition when it was tendered . to be present and assistant unto the entry of a record , the contents whereof were false , to his own knowledge , and did no way belong to his cognizance , or jurisdiction ; to give direction for the making of a report unto the house of commons , as from the whole committee ( without their warrant or directions ) that i had contemned the parliaments authority , and forfeited my articles ; and lastly , to appear , and by his testimony to countenance that false record when it was urged against me at my tryal , thereby to take away my life and estate together ; all these are , in a publick officer , crimes of so high a nature and concernment , that if we find not presidents touching the punishments due to them , we must conclude , it is because himself was the first man that ever had presumption to commit them . but although our histories have not examples of the like miscarriage in an officer so immediatly intrusted by the high court of parliament , as mr. ashe , yet notwithstanding our laws are very clear and positive in the inflicting of great and exemplary punishments on persons trusted with the execution of the law , and publick justice of the land , if they shall violate their trust , in matters of far less concernment , than what was recommended to mr. ashe . if a judge of record sworn to decide the private controversies between man and man , shall , through corruption or interest , wilfully give a judgement contrary unto the known law , and his own conscience , our ancestors have thought this crime worthy of death , and have accordingly inflicted it upon the offenders , as is apparent in our histories . if a jury who are the judges in all matters of fact , which come in issue before the judges in the courts of common law , give a false verdict contrary to their evidence , this is a crime so odious in the eye of the law , that being attainted of it they shall suffer the villanous judgement . and the same iudgement is also given in a conspiracy , upon the false conspiring to deprive a man of life , by an indictment at the common law , which judgement is declared by my lord cook to consist in five several punishments . first , that their bodies shall be imprisoned in the common gaol . secondly , their wives and children amoved out of their houses . thirdly , that all their houses and lands shall be seized into the kings hands , and their houses wasted , and their trees extirpated . fourthly , all their goods and chattles forfeited to the king . fifthly , that they for ever shall loose the freedom and franchizes of the law ( that is ) first , they shall never be of any juries , or recognitors of assizes . secondly , nor never be received as witnesses in any cause . thirdly , that they shall never come into any of the kings courts , but make attorneys , if they have any thing to do there . and this is called a villanous judgement , because of the villany and infamy which they deserve against whom it is given . and all is inflicted by the common law , for that the offenders by false conspiracy , under the pretext of law , by indictment of treason , or felony , and legal proceedings thereupon , sought to do the greatest injustice , by false conspiracy to shed his blood , who afterwards is thereof legitimo modo acquietatus . but if these crimes are singly punished with so much rigor by the laws in our inferior magistrates and persons ; what shall we say of mr. ashes guilt , who hath himself taken the boldness to commit them all ? in acting the several parts , first , of a malicious , unjust iudge , when i first tendred my petition to him . secondly , of a corrupt iuror , in his direction for the report against me to the house . and thirdly , of a false conspirator , by countenancing the entry of that pernicious record , which was produced and sworn against me at my trial ; especially , being in breach of an immediate trust committed to him by authority of parliament ( the supreme court of law and justice , whereof the others are but rivulets ) and who have in all ages punished the want of truth in all those informations which were brought unto them , with so much rigor , that by the statute of 37. e. 3. cap. 18. it is enacted , that those who shall make false suggestions against any one before the king and his council ( who were then the supreme power ) shall prove their suggestions , or else in our the same pain the other should , in case he were attainted . and certainly , if they have punished with this great severity those who presumed to mis-inform them by petition or suggestion , whereby the person against whom complaint is made receives no other prejudice but onely to be brought unto an answer , we cannot well conceive the greatness of that punishment , which they would in their justice have inflicted on any person that should dare to have abused the power and trust they had committed to him ( as mr. ashe hath done ) by acts of high injustice in his judgement , and extreme falsehood in the informations he hath directed to be made unto them . but i forbear to heighten his offence , because i have in writing this discourse intended my own vindication , not his punishment . i had here given a conclusion to this discourse concerning mr. ashe , did not the artifice which he hath in his pamphlet used , to avoid the testimonies of sir anthony irby , and sir david watkins , persons of honor and quality , whose depositions you have already read , and that great want of civility and respect he hath shewed to them , inforce me to say some thing in answer to it . the thing which mr. ashe doth first except against , and undertakes to answer , is , the relation sir anthony irby hath given of my deportment , at both those times i appeared before the committee at goldsmiths-hall , which he declares to have been such , as that he for his part took no offence at it , nor doth he think there could be any justly taken . this is confirmed , not onely by sir anthony , but also by the concurring testimony of sir david watkins . in answer unto this , it is alleged by mr. ashe , that sir anthony irby was the principal man of the committee that took exceptions at my petition , and moved that it might be rejected , and that it was he principally who pressed the making of the report against me . here is a flat denial of the testimonies of two concurring witnesses , persons of great integrity and worth ; but if wee look for proof of his assertions , he can produce no other but his own affirmation ; and therefore we must take it as a slander cast upon those worthy gentlemen , in the inventing whereof he shews great impudence , and in the publishing , much weakness , to think that his bare word should pass as proof against them , being produced as indifferent persons , to testifie their knowledge before a committee of parliament , in my case : especially considering , that mr. ashe ( among the questions which he sets down , and which he moved the committee he might ask sir anthony irby ) had a care not to question any thing touching my carriage , because sir anthony both could and would have proved the falseness of his allegations . but in regard it is pretended by mr. ashe , that in the answers made to these three questions , sir anthony irby had some way contradicted what he had formerly delivered , i will set down the questions and the answers , that so it may appear how truly he infers out of them . first , whether sir anthony were present the first and second time that i appeared before the committee at goldsmiths-hall ? to which he answered , he was present . and mr. ashe might well have spared the labour of that question , because it is one of the first things affirmed by him in his letter , and in his examination before the committee of parliament . the second , whether the committee ( taking offence at my behavior and language ) did order mr. stephens to report the same to the parliament ; this sir anthony acknowledgeth , and this is not the thing mr. ashe insists on . but on the third whether sir anthony himself consented , and gave his vote in the affirmative , for making of the said report ; and hereunto sir anthony answered , he did , after some pause , wherein it is supposed by mr. ashe he contradicted what he had formerly said in the justification of my civil language and fair deportment . what ground or reason mr. ashe can have for this his supposition , i shall refer unto the readers judgement , when i have onely stated the matter of fact , as it appears out of the letter of sir anthony , which he pretends to answer , and his examinations before the committee , being this . when i first tendred my petition to the committee to be admitted unto my composition , which was disliked and rejected , as you have heard , sir anthony irby took no exception at my carriage , nor did he think justly there could be any , and then declared his opinion , that i ought to compound , there being want of money , the house of commons having confirmed the articles of exeter , by which i was exempted from the taking of oathes . at my second appearance before them , he was also of the same opinion ; but seeing others were not of his mind , but heightned my offence , and took exceptions at my carriage and language , and would have it reported to the house , he gave way to it , and passed his vote in the affirmative , that the whole matter should be reported to the house . and now i shall desire the reader to observe , if any thing herein do contradict in the least kind what hath been formerly said by sir anthony irby in justification of my deportment . for admit ( although in truth no question was put , and consequently no vote could pass , as appears by mr. baylies certificate , who keeps the records of that committee , which makes it more then probable that mr. ashe very much mistakes in this relation ) sir anthony had given his vote , that my denial of the negative oath and covenant ( which i refused by vertue of my articles ) and my carriage ( which he conceived was fair and civil ) should be reported to the house , that they might thereupon declare their pleasures , whether i should be continued under restraint for refusing the negative oath and covenant , or be admitted to composition without taking them ( notwithstanding his opinion , that the house had by the granting of these articles dispensed with the taking of them ; ) which was the onely thing ; then in dispute amongst them , as appears by their order then entred , and was as much as mr. stephens had in direction to report unto the house . can any man suppose sir anthony irby , by passing his vote in the affirmative for this end , did give consent , that it should be reported to the house , i had rejected , or forfeited the benefit of my articles , and contemned the authority of the house , which confirmed them ? or was there any warrant for mr. stephens , by this order , to report as he hath done , by the directions of mr. ashe , that i had fleighted and contemned the authority of the present parliament , and forfeited their mercy contained in the articles of exeter ; and in the close of his report to say , that if the parliament did not make sir iohn stawell a traytor , sir iohn stawell had made them traytors , as mr. ashe , in the conclusion of his pamphlet , affirms he did ? which was a most false , bold , and malicious inference , and could not be collected from any thing that i had spoken , or he , by the committees order , was authorised to deliver ; and this without stating the matter truly unto the house , and desiring their opinion and direction therein , which was the final end , for which that order was made . who sees not , that this same is quite another thing , from what , by order of the committee , mr. stephens was to have performed ? so as if sir anthony irby did make some pause before he gave an answer to this question , it was , for that he made some doubt within himself , whether he should not , before he answered thereunto , inform the committee , in the star-chamber , of the whole truth , as i have now expressed it , or leave it ( as it seems he did ) unto their further examination . and surely mr. ashe was very cautious what questions he proposed unto sir anthony , for fear his practices might have more cleerly been brought to light , or otherwise ( being so much my friend as he pretends ) he would have then denied the ill offices he did me , unto the committee , before i was called in before them , wherewith sir anthony had charged him , and he would also have sought to cleer himself touching the entry of that false record of the fourth of august , which is suggested to have been made when that sir anthony irby was present at the committee , though sir anthony was altogether ignorant of the making of it : but mr. ashe having declined the asking of these questions , did plainly shew these charges were so cleerly true against him , that though he sought a colour for the rest , yet he could find out nothing to palliate his guilt in these , and therefore sought to pass them over in silence , without making any mention of them . the thing which mr. ashe did next except at , is the relation given by sir anthony irby touching his intention to buy a mannor of me , which lay neer him , and this sir anthony irby in his examination before the committee of parliament sets forth was told unto him by sir edward bainton , who did acquaint him , that mr. ashe was he that would have bought the mannor . here mr. ashe puts in a note , and would perswade the reader to beleeve that i had invented this story , and published it at the high court of justice , which coming to sir edward baintons hearing , he told it sir anthony irby , who now makes use of it to justifie what he had written , whereas if mr. ashe his passion had not deprived him of his judgement , he would have easily observed , that sir edward bainton gave a relation to sir anthony irby , not of a thing which he had heard after my trial at the high court of justice , but of a matter treated with him before i fell into my troubles , for the relation he made was , that a gentleman ( whom he declared to be mr. ashe ) would have bought a mannor of me , wherein he had some interest , and he had offered , that if i would sell my part , he also would sell his , for which sir edward bainton after said that hee was sorry , as conceiving it to be the original of all my troubles ; so as you see sir edward bainton declares that proposition to have been made unto him before i was refused to be admitted to composition , or else it could not have been the original of all my troubles , and consequently , it could not be a thing which he had heard only after my trial , as mr. ashe would ( without any ground but his own impudence ) perswade the reader . in the last place it is observed by mr. ashe , that what sir anthony irby hath called a mannor , and said , it lay neer him , i call a farm , and lay in abury , about sixteen miles ( as he allegeth ) from his dwelling , and thereupon ( according to his breeding and discretion ) he blames sir anthony irby's memory , which he conceives must here have failed him . i shall desire the reader to observe , that sir anthony irby doth here make a relation of what was told him in discourse , and therefore wee must judge of it according to the usual way of speaking , and not to the construction of the law . i have already shewed , that farm at abury cost me about 9000 l. and certainly whether it were a mannor , or a farm , it was notwithstanding such a proportion of land as is in usual discourse stiled by the appellation of a mannor , and it is no way considerable , as to the matter , whether it were the one , or the other : and although we shall admit that land to lye sixteen miles from his dwelling in the country , yet certainly , according to the common way of speaking , he must be said to be a neighbour to it ; so as in these exceptions , it appears , that mr. ashe hath declared only his own want of civility towards sir anthony irby , and his indiscretion in urging things so weak and senseless , to avoid his testimony . as for the certificate of sir david watkings , he urgeth no new thing against it , only to shew his wit , without any part of his judgement , he doth suppose , that in regard it was in the heat of summer , when i first came to goldsmiths-hall , he being an old gentleman , might then be nodding , or that his memory through age doth fail him , it being neer eight yeers since these transactions were at goldsmiths-hall . this surely is an ending extremely suitable to all the other parts of that his pamphlet , which being begun through malice unto me , and continued with great impudence and falsehood , could not more properly conclude then with a scoff at old age , declared venerable by the opinion of all nations , how fierce and barbarous soever ; promised by god , as a reward to those that shall observe his law , in giving due obedience to their parents ; which sir david watkins enjoyes , with health , strength convenient , and a perfect sense and memory , as a blessing sent him by god , the plentiful bestower of all good gifts ; whilst mr. ashe ( perhaps for a punishment of this , and of his other crimes ) is subject to those pains , sickness , and diseases , now in the vigor of his age , from which sir david watkins , notwithstanding his great years , is still exempted . i am now at the end of mr. ashe his pamphlet , where he takes notice , that it might be expected he should give answer to that wherewith i seem to charge him in my remonstrance , viz. that the report made by mr. stephens unto the parliament , of my behavior before the committee at goldsmiths-hall , was no other then what he had received from mr. ashe ; which i collect from this , because the report which mr stephens made to the parliament is the same with mr. ashe his testimony given at the high court of justice , and mr. ashe by way of answer , doth with his usual confidence deny it , affirming , that mr. stephens reported nothing to the parliament , touching my ill behavior , but what he heard from my own mouth , which was so much as moved him to make that cloze to his report , i before mentioned , viz. that if the parliament did not make sir john stawell a traytor , sir john stawell had made them traytors . here mr. ashe might have informed the reader truly , and let him have known the reason , why i gathered mr. stephens had received instructions from mr. ashe for making his report , was not onely by the testimony of mr. ashe under his hand , agreeing with the report , but also more especially by the deposition of mr. stephens taken in the high court of justice , wherein he doth confess , he was not present when i first appeared before the committee at goldsmiths-hall , and consequently he could not report any thing which was transacted in his absence , but by order of the committee , or by the relation of some other , who did inform him , whom i collected to be mr. ashe , because his deposition agrees in substance with the report of mr. stephens , and is grounded upon what mr. ashe ( though falsly ) affirmes to have been the opinion of the committee at my first appearance before them , when i tendred my petition , there being no such thing at all voted or spoken by the committee at my last coming before them , when mr. stephens was in the chair ; which appears plainly , if we consider in the first place , what the report was according unto mr. ashe his testimony , before recited , which saith , that mr. stephens , in his report , informed the house , that the opinion of the committee was , i had slighted and contemned the authority of the present parliament , and forfeited their mercy contained in the articles of exeter . now it is evident , that mr. stephens had no direction from the committee , at his being there , to report that unto the house , as their opinion , by the order before recited , which was no more , but that he should report unto the house my refusing the negative oath and covenant , my committal for it , my carriage , and my desire for an allowance of maintenance ; but they declared no opinion at all touching my carriage , nor did ever put it to the question . so as i must now leave it to the readers judgement , whether of us two speaks truth , and whether this be an idle aspersion ( as the worthy gentleman is pleased to stile it . ) either mr. stephens , who was not present the first day of my appearance ( as mr. ashe and himself acknowledge ) and consequently could not know what was then spoken , but as he was informed , must have his instructions from the committee , or from mr. ashe the chair-man : but from the committee he had no such instructions to report , that sir john stawel had sleighted and contemned the authority of the present parliament , and forfeited their mercy contained in the articles of exeter , as appears by their order , and from thence to infer , that if the parliament did not make sir john stawel a traytor , sir john stawel had made them traytors . therefore this must needs proceed from mr. ashe , who ( as it seems by what is said before ) did put his own words into mr. stephens his mouth , or otherwise mr. stephens must have spoken what he did , without any ground or authority whatsoever ; and this i suppose mr. ashe will be very unwilling to acknowledge of his good friend , who hath so faithfully served him , to my ruin and destruction . reader , here i conclude this vindication of my self , and my remonstrance , against that false and scurrillous pamphlet , published by mr. iohn ashe , to justifie himself , and asperse me . i have most clearly proved , that all his actings in my business have proceeded out of malice , self-interest , perfidiousness towards me , and breach of trust towards the publique . that all his allegations in his pamphlet , published for his excuse , are full of impudence and falsehood . i will not take much pains to justifie my self , or trouble the reader with that quaere which he hath frivolously inserted in the margent of his pamphlet , as though i had got lands from mris. basset by a cheat , but give this short answer . either my wife had a power to dispose of her fathers estate , or she had not . if she had , what wrong could it be to mris. basset for her mother to dispose of what was properly her own ? if not , then surely , what my wife hath done , is a great benefit to mris. basset , who hath received 3000 l. above twenty years since , as a portion from me , her right ( if any ) being still preserved . but this is onely the foul mouth of mr. ashe , who hath abandoned all regard of modesty or truth , that he might fix some stain upon me ; yet i forbear to follow my just resentments , in decrying his falsehoods , and shall ( notwithstanding the high provocations which he hath given me ) wish him a due sense of his most wicked practises , and a sincere repentance for them . there is , together with the pamphlet of mr. ashe , in answer whereunto i have published this vindication of my remonstrance , printed a petition , to the honorable the referrees of his highness most honorable council , in the cause between me and the purchasers , by william lawrence of edenburgh esq to which some reasons are annexed , why the petitioners purchase ought not to be questioned by me ; wherein , because the petitioner ( giving full scope to his passion ) hath in the reasons annexed written many things injurious to the honorable members of the court of articles , who have pronounced their sentence in my behalf , ungratefully scandalous against me , and prejudicial to the honor of the parliament , by whom the court of articles was first erected , and impowred ; i hold my self obliged to give an answer , with all brevity and clearness possible , unto such of the reasons as have not been already answered in the preceding parts of this discourse . the first of these verbatim , is , your petitioner saith , that such members of the committee of articles as have acted for the said sir john stawel , against purchasers , are parties , and not iudges , and their orders and certificates ought to have no credit or authority ; and your petitioner saith , they have mis-stated the case ; transgressed the duty of an inferior iurisdiction ; and presumed on acts of sovereign power ; they have wrongfully indebted the commonwealth in vast sums of money to the said sir john stawell ; they have occasioned false scandal on it , of infringing his articles , and have not been indifferent or equal in their proceedings , either as to publick or private rights ; all which your petitioner shall be ready to prove . how precipitatly rash this gentleman hath been in passing so severe a censure upon those honorable persons who gave the judgement for me in the court of articles , will appear fully , when i have laid before his eyes the power 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 articles , were both rejected , and upon the question , resolved in the negative . this power being granted to the said honorable commissioners without limitation or restriction , gave them authority to hear and determine my complaint before them , as being a person imprisoned , sequestred , and indamaged , contrary to articles given unto mee by the lord fairfax , late lord general , confirmed by parliament , so as i was a person capable of relief , according to their judgement and determination , by the express letter of both the acts , and accordingly i exhibited my petition to the said court on the 14. of october following ( which was within the time limitted by the proviso in the said latter act ) where , the same , after many proceedings , which are at large mentioned in my remonstrance , coming to be heard the 15. of august 1653. the said commissioners did solemnly give their judgement as followeth . monday the 15 of august , 1653. by the commissioners constituted by act of parliament for relief of persons upon articles , conditions and engagements made in time of war , sitting in the exchequer-chamber , westminster . whereas sir iohn stawell hath exhibited his petition into this court , thereby ( amongst other things ) setting forth , that he is comprized in the articles made upon the surrender of the city and garrison of exeter , bearing date the eighth of april , 1646. and afterwards confirmed by parliament ; by the twelfth of which said articles it was agreed , that no person therein comprized should be questioned or accountable for any act past by them done , or any other done by their procurement , relating unto the unhappy differences betwixt the late king and the parliament , they submitting themselves to reasonable and moderate composition for their estates , which the then general sir thomas fairfax was really to endeavor with the parliament , that it should not exceed two years value of any mans real estate respectively , and for personal , according to the ordinary rules , not exceeding the proportion aforesaid : which composition being made , they should have indempnity for their persons , and injoy their estates , and all other immunities , without payment of fifth or twentieth part , or any other taxes or impositions , except what should hereafter be charged upon them in common with other subjects , by authority of parliament . and by the 21 article it was further agreed , that no oath , covenant , protestation , or subscription relating thereunto , shall be imposed upon any person whatsoever comprized within the said articles , but onely such as should bind all persons aforesaid , not to bear arms against the parliament of england sitting at westminster , nor wilfully do any act prejudicial to their affairs , whilst they remain in their quarters . that he had a certificate under the hand and seal of the then general , dated the 14. of april 1646. signifying , that he was to have the benefit of the said articles . that the 15. of iuly 1646. he came to london to make his composition , and according to an order of parliament of the second of iuly 1646. and within the time therby limited , undertook by a subscription under his hand , not to bear arms against the parliament , according to the intention of the said order , and 21 article . and upon the 24. of the same iuly , 1646. he preferred his petition in person to the committee at goldsmiths-hall for compounding with delinquents , desiring to compound according to the said articles ; but was not admitted , because he refused to take the negative oath and covenant : and was the 13 of august , 1646. for such his refusal onely , committed first to ely-house , afterwards by order of the then house of commons , to newgate , for high-treason , in levying war against the parliament , where he continued almost four years , and in that time was several times indicted for treason , and twice arraigned for his life at the then kings bench bar : and that judgements are obtained against him in personal actions for seven thousand pounds in damages ; and all this for acts relating to the differences between the late king and the parliament , and before the date of the said articles . that in iuly , 1650. he was by order of the high court of justice removed from newgate to the tower , and there kept in close custody ; and the seventeenth of december , 1650. and divers days after , tried for his life before the said high court , who after many daies trial , examination of witnesses , and strict inquiry into his actions , and the performance of the articles on his part , did not proceed to sentence , but certified their proceedings to the parliament ; a copy of which certificate was annexed to this petition : that ever since the said trial he was a prisoner , and from the date of the said articles his estate sequestred , by which , together with his debts , and felling his woods and timber , he hath lost near thirty thousand pounds in his estate , besides his imprisonment , and hazard of his life . that his estate , by an act of the 16 of iuly , 1651. is ( amongst others ) declared forfeited for treason , and hath been since sold accordingly . that neither he , nor his sons , or servants , have ingaged against the parliament in any act of hostility since the said articles , nor hath he lost the benefit thereof , by any default of his ; and therefore prays , that the said certificate of the high court of justice may be considered , and the liberty of his person , and the possession of his estate , may be granted to him , discharged of such judgements , executions , sales and incumbrances , as are contrary to the meaning of the said articles , and free from composition , in regard the profits of his estate for seven years have been received to the use of the commonwealth . unto which petition several pleas and demurrers were put in , by mr. attorny general , on the behalf of the commonwealth of england , and by the council for the trustees for sale of estates forfeited for treason , on the behalf of the same trustees ; the effect whereof was , it appearing that the parliament had interposed in the case of the petitioner , both in respect of his imprisonment , and in appointing tryals for his life , and the selling of his estate , as by them adjudged to be confiscated for treason ; therefore , that as to his imprisonment , and possession of his estate , the court could not take cognizance of the complaint , or examine or give any relief thereupon , as by the said pleas and demurrers , reference thereunto being had , may more at large appear : which petition , pleas , and demurrers coming regularly to hearing before this court , after long debate and mature deliberation had of and upon the same , this court upon the 31. of december last past , declared their opinion ; that the said pleas and demurrers ( which for the present admitted the state of the fact to be such as is set forth in the said petition ) did not contain in themselves sufficient matter to preclude this court from proceeding upon the said petition , and did therefore resolve and adjudge the same to be over-ruled , and set aside ; and appointed the solicitor for the state , attending the court , to acquaint the councel for the 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 , edward bushell , and iohn gorges , do forthwith restore unto the said petitioner sir iohn stawell , and his heirs , the full and peaceable possession of all and every the premises by them purchased , as aforesaid ; and that after the making of the said composition , the said petitioner and his heirs , shall and may peaceably and quietly hold and injoy the same hereditaments , with their and every of their members and appurtenances , freed and discharged of and from all claims , charges , and incumbrances , in any wise occasioned by or under them the said defendants , purchasers respectively ; and the said trustees , and the survivors or survivor of them , or any of them , their , or any of their heirs , or any person or persons , claiming by , from , or under them , or any of them , in as free and ample manner , as if the said last mentioned premises had not been sequestred , or vested , or settled in the said trustees and purchasers , or any of them ; and as if no such settlements , contracts , or sales , had been had or made . and the said trustees at drury-house , and also the said matthew coker , iohn warr , iohn borradale , nicholas batteley , iohn farwell , edward bushell , and iohn gorges , and every of them , and all others , who are or may be any way herein concerned , are upon notice hereof , to give their observance hereunto accordingly . and it is lastly ordered and declared , that the petitioners bringing the present cause to hearing against the aforenamed defendants , shall be no bar to him to proceed further upon his said petition against other defendants already named , or who shall be hereafter made defendants to the said petition ; but that hee may prosecute such persons upon the ground of his said complaint , so far as he shall see occasion , and be advised ; and upon the same petition , if cause be , bring those causes also to issue and judgement , in order to his just relief ; the now award and judgement given in this cause , or any other matter or thing herein contained to the contrary , notwithstanding . this is a true copy , tracy pauncefote , regist. io. bradshaw edw. whalley edward cook william bosvile anthony samwell owen rowe iohn hayes clem. oxenbridge now that they have in the proceedings of my cause used all diligence , and precaution needful and possible for the discovering of the truth , appears by the decree it self , wherein the same are briefly mentioned , and that in the relief they have thereby been honorably pleased to afford unto me , they have pursued the power and trust committed to them , appears by the said acts of parliament , before recited , whereby when there shall appear any right due to the party complaining by vertue of such articles , and yet denied , and not duely performed , or any violation thereof made , they are in every such case authorized to give unto the party complaining , relief and redress , so far as in iustice they ought to have by the said articles , by restitution in specie of what hath been taken , recovered , or with-held , but without charging any further costs or dammages against the common-wealth , or against any person or persons against whom the complaint is made : and it is thereby further enacted , that their certificates , orders , and awards , shall be binding and conclusive unto , and be obeyed and observed by all courts , committees , commissioners , magistrates , officers , person and persons , who are by the said act injoyned and required to observe the same , any law , order , or ordinance to the contrary in any wise notwithstanding , these are the express words of this act , whereby the said commissioners have power , when it appears unto them that the party had right , to give redress so far as in justice he ought to have by the said articles ; and by them i was to be admitted to my composition at two years value , and upon making of it , to have indempnity for my person , and injoy my estate , and all other immunities , which is a benefit my articles allow unto me : it appears plainly they were by the words of the said act impowred to decree this unto me , by restitution in specie , as they have honorably and justly been pleased to do ; which judgement and order of theirs is by the authority of the said act binding and conclusive unto , and ought to be obeyed by all courts , commissioners , committees , and persons , any law , order or ordinance ( and consequently , the said act for sale of my estate , which is a law ) to the contrary in any wise notwithstanding . you see by this , that the said commissioners for giving relief upon articles , have , in giving their judgement and decree before recited , strictly pursued the power and trust committed to them by the said acts . but this will yet appear more plainly , if we consider what was the intention of the house , who where the makers of them , by those provisoes before-mentioned , which were inserted into , and rejected out of the said several acts , according to that general maxim , exceptio firmat regulam in non exceptis , and first to begin with the provisoes inserted into the said acts ; by that which is added in the bottom of the said first act ; it is provided , that nothing therein contained should be construed to controle an order or ordinance dated the 9. of december , 1643. touching lin regis , and the articles agreed to at the rendring thereof ; but that the said order or ordinance should be as good and effectual in law , as if that act had not been made . is it not clear by this proviso , that the house conceived the said commissioners had power to controle and make void that ordinance ( which had the same vigor as a law , at least whilst the said parliament was sitting ) and therefore put in this proviso to restrain their power in this particular ? thereby , according to the said maxime , confirming it unto them in all other cases . nay , is it not as clear , that by the latter words of that proviso , whereby they do provide , that ordinance , and the proceedings thereupon , should be as good and effectual in the law , as if the act had not been made , they did sufficiently declare their intentions to be , that by the same act , they did themselves revoke all acts and ordinances made to the prejudice of any persons that were comprised in articles , and the commissioners by their decrees were only to apply that remedy to the particular persons who were capable of the relief which was most honorably granted by the parliament , unto all persons who had right unto it , by repealing all the laws , ordinances , and orders made to the contrary ? whereby it will then follow , that the act made for sale of my estate , the 16. of iuly , 1651. is by the said act of the 29 of september , 1652. repealed and void , as unto me , and in my case . is it not also plain by the last proviso in the said act of the 29. of september , which provideth , that where a question riseth before them upon articles not confirmed by parliament , the commissioners shall resort to the parliament , for their resolution , before they proceed therein , further than to stay proceedings at 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 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 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 , ●●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 ●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 , than any act of parliament ) had appointed all those nations who dwelt within the land of promise to be destroyed root and branch , and given their lands unto the israelites ; ioshua was sent by god , to put this his decree in execution , with an army ; the gibeonites ( who were one of those nations that were to be extirpated ) sent their ambassadors , and by a cunning slight ( which in the scripture is expressed at large ) deceived ioshua , and procured articles by surprize from him , for preservation of their lives , which saul after some hundreds of years infringed , by killing many of them for the accommodation of the israelites ; god was pleased himself to take in hand their quarrell , and punished the whole land with a great famine for that offence , which did not cease untill that breach was expiated by the execution of seven male persons of his family . here we are taught by a divine example , how strictly hee requires from us the due performance of all articles , since god himself ( who is above all laws ) was well contented to dispense with his immediate command , rather than to permit a violation of them , that we might thereby know by his proceedings , that the breach of articles is a foul crime , which cannot be advised without impiety , nor put in execution without punishment . these great and weighty considerations of honor , publique faith , and iustice ( whereof perhaps the narrow heart of mr. lawrence is not capable ) induced the noble army in their petition to the late parliament of august 12. 1652. to make it one of the weighty clauses of their request , that the articles of war made unto the enemy , might be made good according to the intent of them ; which petition by order of the council of war was presented by six honorable officers of the army , and had a very favorable and gracious answer . and upon these motives it was that the late parliament was pleased to pass those acts , whereby the court of articles was constituted and impowred to give relief to all that should be damnified , or molested , contrary to articles , who in pursuance thereof , have by their just and honorable sentence adjudged that i should be admitted to composition , and be restored to my estate , which hath been also since confirmed by the fortieth article of the present government , and promised by his highness , who hath obliged himself to the observance of the same ; the benefit whereof , i do with all humility and confidence expect , notwithstanding the perfidiousness of mr. ash , and the ingratitude and passion of mr. lawrence . the conclusion to his highness the lord protector . may it please your highness , i have not dedicated this vindication of my remonstrance unto you , because i neither hoped , nor thought it necessary , that it should be presented to your view . i have in writing of it had no design , but only to cleer my self of those slanders , which the passion , and private ends of some particular interested persons would fix upon me ; and that in doing of it , i might declare unto the world how just and equitable the proceedings were of those two great and honourable courts , who by the blessing of god , have preserved my life , and adjudged me capable of my estate , upon a composition at two years value , according to my articles . it is by their two sentences , that i conceive my innocency is evidenced sufficiently to your justice , and it is only from your goodness , that i expect to reap the fruit of their judgements , when you shall be gratiously pleased to impower the commissioners sitting at haberdashers-hall , to receive me to composition , which being denied unto me by the committee at goldsmiths-hall , when i first tendered it , i am now , by decree of the court of articles , inabled to make before them . the summe of my humble petition to your highness ( now lying before your councel ) is , not that you would exercise a legislative power in favour of me , by repealing the act of parliament made for the sale of my estate , or of that act which after past for the confirming of the purchasers estates ( in respect the first of them is already declared void by the solemn judgement of the court of articles , and the objection touching the latter of them , is removed by their certificate formerly presented to your highness , grounded upon the fortieth article of the present government , 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 notwithstanding ) but that you would be pleased by you order or direction , to authorize those commissioners to compound with me for a fine now belonging to your highness , by the form of government , and to the making of which , i am to be received according to my articles , and the judgement given thereupon ( to the strict observation of which , your highness hath sufficiently declared your honourable intentions , in taking a solemn oath to observe that instrument without violation , into which this article is inserted ) leaving me for further relief , to the said court , according to your former reference . your highness will in doing this , not only follow the bent of your own inclinations , but also exercise an act of highest charity and goodness , towards an oppressed miserable person : and certainly , among those actions which our humanity is capable to execute , there can be none that carries in it self a stamp of the divinity so perfect , as when an eminent person imployes the full extent of his whole power in relieving graciously the miseries of humane kind : how great and weighty soever your highnesses occasions may be at present , i doubt not but some small time will be found out for this , when you shal consider how conformable this action wil be unto his goodness , who doth in a peculiar manner appropriate unto himself the name of being god of the afflicted , and who vouchsafes to look down from his high sanctuary upon the earth , that he may hear the mourning of the prisoner , and deliver the children appointed unto death . wherefore , i shall with great assurance hope , that your highness will not abandon me , and mine for ever in the shades of death , but imitate so great and glorious an example , by giving an end to all our sufferings ; that being declared capable of my estate , by iudgement of the court of articles , i may obtain the actual possession of it by the assistance of your favour and iustice . finis . sir , understanding by you the other day , when i met with you accidentally in the temple , this letter of sir anthony irbies , and reply of sir david watkins , came not so timely unto me as to be inserted in a proper place . that you had an intention shortly to publish something to vindicate your remonstrance against a pamphlet written by mr. iohn ashe , and finding that he hath also therein made me a co-partner with you in his displeasures ; i shall acquaint you with an answer to so much as concerns my self , and all men else if you think fit to publish it ; although i regard not much what such men as himself do either say or write in their own cases ; especially , having done such acts , which if he did not endeavor to make good by writing ( which is too common now adayes ) being the least he can do to boulster out his cause , would undoubtedly lye very heavy upon his credit . in the pamphlet entituled , an answer of the purchasers of the lands late of sir john stawel , &c. page 53. and 54 , is related the testimony i gave to the committee sitting in the star chamber , with my answer to the cross examinations , i think truly related , which i do avow to be truth , and will maintain to be so on any ground in the three nations . upon which , in pag. 56. they are pleased to make some observations ; first , that if sir anthony means the calender time , he says true , for sir john stawel appearing first the sixth of august , came within the time limitted . first , i do aver that sir iohn stawel petitioned the committee sitting at goldsmiths-hall , in iuly , 1646. and so his first coming was before the sixth of august , and so my testimony is true , wherein i say , that he came within the time limitted by his articles ; which sir david watkins also testifies , and streightens it to a lunary moneth , which i had no reason to do , being a thing so long passed , and might have slipt out of a better memory than mine ; neither doth mr. michael herring , in his examination , in pag. 38 , and 39 , affirm any thing to the contrary ; so there is no gens contra gentem , as is falsely alleadged in pag. 56. but for the allegations in pag. 66. that sir john stawel did not appear untill the sixth of august , there lieth a foul treachery under that , which mr. john ashe can never wipe off , which plainly demonstrates his early intentions to ruin you ; and that was , in a clandestine order or warrant ( as i may justly call it ) made the fourth of august , 1646. expressed in p. 26. of the same book , which there saith in the body of that order or warrant , ( now forasmuch as you have neglected to make your appearance to the said committee , or to any other committee of parliament , notwithstanding the time allowed by the articles of exon , upon which you pretend you come in , are expired : ) now consider , the malice and falsehood of this order or warrant ; i do beleeve , few or none of the committee knew of it ; i have spoken with several of them , since the publishing of the aforesaid pamphlet , and they deny the knowlege of it , and i protest so do i , best known to sir iohn stawels great friend , and framed by him out of the love and tender respect he did bear to his old master . false it must needs be ; for how could it say , that sir john stawel had neglected to appear before this , or any other committee , when sir iohn stawel had appeared at , and petitioned to the same committee the week before ? and further , how could it truely say , that sir iohn had forfeited the benefit of his articles for not appearing before the fourth of august , when in the page 56. it is acknowledged , that the sixth of august , ( which was two days after according to the calender account ) was within the time of his articles ? i have heard this order or warrant was like to have cost you dear at your trial ; but this was the child of your loving servants brain , the man who most favored you at the committee , and i , the violentest man of all against you , knew nothing of it ; and therefore again , sir anthony irby disownes the order or warrant of the fourth of august , as not true , and so by this , sir anthony irby the commissioner , and sir anthony irby the witness , agrees very well , and full together , though most falsely otherwise related in page 56. and whereas in the same page afterwards , they say in their observations upon sir anthony irbyes letter or testimony , wherein is expressed , we gave him eight , or ten days , or a fortnights time , that by that time , the time given him by his articles would be out , that we might deal with him the better ; they charge sir anthony to be too severe in his iustice , or rather unjust , neither can he be excused of casting snares in sir iohns way , to satisfie his passion ( sir anthony being the violentest man of all against him ) though to the breach of the faith of the army and nation . for answer to which , i say , first , it is onely their bare affirmation , that i was the violentest man against sir iohn stawel , and no proof at all , and therefore my no , is as good as their yea. secondly , why should that be imputed or charged upon me , more than upon the rest of the committee ? why might not i beleeve sir iohn stawel ( having so good an estate to compound for ) might within that time submit to that they propounded , and so compound for his estate , or in that time the house of lords might pass the articles of exon , and so might without any scruple be admitted to composition , without taking the oath or covenant , or the negative oath ? but sir anthony irby admireth , that mr. ashe , or any other should charge severity or injustice upon him as aforesaid , that framed or consented to that order or warrant ( term it what you will ) of the fourth of august , 1646. expressed in page 26. there you have an habemus reum confitentem , and sir anthony irbies testimony touching sir iohn stawels carriage at the committee , sufficiently confined ; there you have him violating of the faith of the army and nation , and so mutato nomine de se narratur fabula . now sir , to answer that which that honest gentleman mr. iohn ashe saith , in a book written , annexed to the former book , p. 17. where his iustice dealeth with me as formerly concerning that part of my testimony wherein i mention what passed betwixt sir edward bainton and my self at sir abraham williams his house ; that i should call that a mannor , which he saith is but a farm ; i confess i might be mistaken in that ; for truely in our poor country , you shall scarce meet with a farm of near that value ; and i dare say , many a considerable mannor would be bought with that mony in our parts ; for ( if i be not mistaken ) it cost 9 or 10000l . but the ashe is grown so great now , as things of 9 or 10000l . are but farmes with him ; my gains have been such ( after all my service ) that i can shew no such farms bought , or offered to be bought by me , though i have been as serviceable as he hath been . sir , about a week or ten dayes after my depositions were taken before the committee of parliament , i was sent for to set my hand to what i had testified there ; accordingly i did attend them , and was called in ; and as soon as i came in , mr. ashe made a speech to the committee ( being one of them himself ) . and informed them how well he affected sir iohn stawel , and what friendship and love there was betwixt them ; that sir iohn called him servant , and he sir iohn , master , what care he had of sir iohn when he came to london , and how that i was the onely bitter man sir iohn stawel had at the committee , with much more to the like effect . to which in brief i made answer ( i am sure the committee present will affirm as much ) that i came thither by their order , to set my hand to my depositions , and not to make a reply to mr. ashe , for it was but his yea , and it would be my no ; that i had not so forfeited my credit with them or any body else , but that it stood as clear , and my words were to be beleeved as well as mr. ashes ; that what i had testified before them was truth , which i would justifie by setting my hand to it , and if they had power to administer , i would willingly take my oath of it , or otherwise justifie it upon any english ground ; and thereupon i came and set my hand to my depositions . as i was going away , mr. ashe desired that he might aske me a question or two , which the committee gave leave unto . the first was , whether i was not present at goldsmiths-hal the first and second time sir john stawel appeared there ? i answered , i was , pag. 16. the second was , whether the committee did order mr. stephens to make a report to the parliament ? i answered , there was such an order , but those words in his pamphlet , p. 16. inserted in the body of this question , in a parenthesis , viz. ( taking offence at sir john stawells language and mis-behavior there ) was no part of the question to me , but falsly put into his book , as he entred the warrant of the fourth of august , and done here with the same malice both to sir iohn his master , and to me his friend . the third question was , whether to the making of the order for mr. stephens his report , i did give my vote in the affirmative ? my answer was , there was no negative , for in truth , there was no question put ; and that was the reason of my answer . and wereas mr. iohn ashe in pag. 16. saith , i might have written the whole truth , for that i knew that the house of lords had not approved of the articles of exon. mr. ashe did then very well know that the house of commons , for several weeks , if not for some months before , had approved of the aforesaid articles , and that at that time the committee wholly consisted of commoners ( the lords not then being joyned with us , to my best remembrance . ) and if mr. iohn ashe had had so great a respect to his old master , as he would have the world to beleeve , he might have proceeded in sir iohn stawells compositions ; for the house , whereof he was a member , could take no exceptions , they having approved of the articles . sir , with as much shortness as i could , i have made a true and faithful relation and answer to such things as i judge material , for the rest i value not ; my credit not standing upon any mans sayings , but my own actions . i rest , your servant , anthony irby . 12 may , 1655. to my honorable sir john stawell knight of the bath , these . sir david watkins his short reply to a passage in mr. john ashe his angry replication to sir john stawells remonstrance . i cannot but much admire that mr. iohn ashe should be so sensible , and displeased at my just certificate made concerning sir iohn stawel knight of the bath , which i did out of my desire to promote that common justice which i owe to all men , not aiming at my own particular , nor intending thereby to lay my hand on mr. ashe his tender side , or to discover any design of his . for my old age , which mr. ashe accounts a blemish , i esteem a blessing from god , and can justifie , i have not served the state drowsely ; and if i were at any time nodding ( as mr. ashe would have it ) then certainly it must have been on the 4th of august , 1646. when that mistaken order for summoning sir iohn stawell to answer a supposed contempt , was made and entred , mentioned in pag. 26. of the pamphlet , set forth by the purchasers of sir iohn stawells estate , of which order or summons i conceive , most , if not all of the committee ( except mr. ashe ) were , as my self , unknowing thereof ; although both they and i acted therein with faithful , and unbyassed zeal ; and for my own particular , i doubt not but the world is satisfied , in all my actings therein , i have kept my eye free from coveting the estates of other men , my hands from bribery , and my body from nocturnal and other pains , the concomitants of ryot , and that other vice ; which is all i have at present to say to mr. ashe his pamphlet . p. 17. david watkins . 11. may 1655. notes, typically marginal, from the original text notes for div a67889e-240 the articles of exeter with their confirmations . the answer unto the reasons mr. ashe his first visit . the objection answered , made by mr. ashe , touching dean and chapters lands . my subscription as guild-hall . the order and the subscription therupon . the visit i gave mr. ash. my petition to compound . the time i preferred my petition to compound . mr: ash procures by his petition the benefit of my composition . mr. ashes petition to the house and the order therupon : this appears by mr. baylies certificate . the examinations of sir anth. irby and sir david watkins : the certificate and judgement in mr. newcourts case : the order of the committee for mr. ash his receipt of the fines . the treasurers account . monies demanded by mr. ash , which he never paid . 1642. 13. july . 1642. november 2● colonell popham's petition . here begins the relation of the false record entred the 4th . of august . this is certified by mr. bayly . the record of the 4th of august . my second appearance upon summons . the mittimus to ely house . the order for the report : so certified by mr. bayley . mr ashes testimony . the things premised by mr. ash the answer therunto . mr. leeches testimony taken in short hand by order of the high court of iustice . observations in answer to mr. ashes particuars mentioned in his pamphlet , page 4. and 5. the record in the short-hand book . mr. attor : gen. mr. attor. gen. lord president . mr. attor. gen. resolves , and votes of the house . the manner how he cheated me out of my petition . mr. ash his relation touching the petition . * that my fine which he begged , might be increased above what my articles required upon my remittall to goldsmiths hall . he got his own petition answered the first day it was offered . pray let this be compared with his letter that followes . pray compare this with mr. hollis his letter , and my petition proved by mr. basset hereafter mentioned . the answer to mr. ashes relation touching the petition . the copy of my petition that mr. ashe disliked . mr. ashes first letter . the petition and mr. bassets affidavit proving the same . pray observe how this was done in persuance of mr. ashes directions mentioned in his letter . mr ashes second letter . mr. hollis his letter . pray observe how different this is from mr. ashe's affirmation in his pamphlet . mr. ashe's objections . my answer to them . my trial before the high court of justice . in the book of short-hand taken by order of the high court of justice . the book of short-hand proves this . mr. ashe is here considered in a twofold capacity . as a private person . as a publick person . l. cook 3d part of his instit p. 223. sir will. thorps case . cook 3d part of his instit. p. 22 , & 23 triseilians case . l. cook . 3d. part of his instit. p. 222. nota. 37 e. 3. cap. 18. answers to the objections against sir anthony irbys , and sir david watkins testimonies . so certified by mr. baily . the iustification of mr. stephens his report , answered . mr. stephens his examination in the high court of justice , 18. of ian. 1650. notes for div a67889e-18960 mr. lawrence's petition and reasons examined , and answered . the first act constituting the court of articles . a proviso in the first act . the second act reviving the former . provisoes inserted in the act . provisoes offered & rejected the judgement of the court of articles . the judgement proved to have been given by the court in pursuance of their trust and power . the certificate of mr. lawrence his uncles : this was no hard bargain . mr. lawrence his mistake in representing my condition . the objection touching the act of confirmation answered . l. cook 8. rep. dr. bonhams case . the certificate of the court of articles . authorities and reasons why publick sales made contrary to articles should be va●●ted . plutarch in the life of aristides sir walter raleighs history of the world 1 part 5 book . plutarch in the life of mar● anthonie . davilae's history of the civil wars 1 part and 3 book . rot , parl. 1● e. 4. menbr . 22. nu. 31. josh chap. 9. 2 sam. 21. 