Humbly tendered, as well in behalf of the Common-wealth, as likewise of the Purchasers of the Estate of Sir John Stowel, and all others, who upon the Warrant and Authority of an Act of Parliament, and in service thereto have not only engaged their Estates and money, but the price and blood of themselves and nearest Relations.

1. IT is an absolute maxime, that no power can be of continuance unlesse founded on the title of Land and that foundation cannot be laid without credit to sell.

2. One President of Revocation, will make the credit of the State excommunicate, none will buy or sell with it; For once forsworn, ever forlorn.

3. This will destroy the being of Souldiery, by making all got by the sword unsaleable; Neither can the spoiles and Conquests, though of the whole world, be of use, if not vendible; But then the more victories the poorer.

4. There is no other permanent Barre against the King of the Scots, but sales of land; And to destroy these, will reduce him.

5. If Articles may reverse sales, by the same justice ought perjury in Witnesses, injustice in Judges absence of Witnesses or Parties at time of their tri­al, new Discoveries since, and infinite others, which principle will make questionable, or destroy all Sales ever made or to be made, and leave the Par­liament no power at all to warrant any.

6. Reversing Sales will make the Enemie potent and formidable, and Friend poor and despicable.

7. The Friend lost, and Enemie not got, but made more fit for dissimulation and dangerousnesse, neither is there any way to assure them, but transplanting to other lands on the Parliaments title.

8. To unfreeze an Enemie, and be stung to death, is folly, not charity.

9. Touching Grants by Act of Parl. Necessity and the Law of the Land frees them from being avoided by any errour of Fact, Law, or Equity preceding.

1. Otherwise no Enemy could or would Article, Truce or League with the Parliament, for feare of invisible errour and preincumbrance on their Acts, and want of power to warrant them.

2. Such a principle may not only destroy all Articles in general, but doth particularly those of Exceter; For at the beginning of the wars, all Adherers to the Parl. were promised Indempnity therein, against the Delinquent and his Party; which very Indempnity is clean contrary since by those Articles granted the Delinquent against them; and that without any ceremony or hearing of those innocent Adherers or their Friends, who had lost their Lives and estates in the Service: And it cannot therfore be Reason or Justice to allow the Delinquent to disannul the Act of Sale by a pre-promise of Indem­nity in Articles, and not to allow those Innocents to avoid his Act of Articles by those pre-promises of Indempnity to them at the beginning of the warres.

3. All Acts of Indempnity to their own Souldiery might be avoided, by admitting Reviewes for Errour or Equity preceding.

4. All our ancient Parliament-Lawes, and Magna Charta it self may be avoided on that ground.

5. As to Est [...]tes and Titles, if an Act of Parliament shall not be a Non ultra of Controversies, the liberty of the People is destroyed; and there is no Free­hold in England, but all Tenants at will.

6. It is in vain in the regulation of the Law, to free inferiour transactions, from secret pre-incumbrances, if the Supreme are liable to the same, or worse.

10 It is unjust if Acts of Sale should be binding to Innocents, and not to Delinquents: what a shame would it be if our Lawes should be cords to one, and cob-webs to the other?

11. It is unjust to preferre a pure Promise before property; For Rem Domino vel non Domino vendente duobus; In jure est potior traditione prior.

12. Quod fieri non debet factum valet. If an Inheretrix happen to be married, or Inheritance sold, though contrary to Articles; it is not lawful to performe those Articles by committing adultery or robbery, for that were to do evil that good might come thereby: But there is an honourable and just way left to performe them, which is restitution in value, and may be more honourable too then specie, for value may be sevenfold if Parties please; But specie can be but single.

13. It is a known Rule, if Covenants happen by matter ex post facto, to be either impossible in themselves, injust as to third persons, contrary to the Lawes, or inconsistent with publick safety. It is unlawful to perform them otherwise then in value.

14. No supreme power ought to repeal their own Bargaines and Seales, though they may their lawes, for Regum Contractus non sunt leges.

15. By the very words of the Articles of Exceter, a Delinquent neither doth nor can claim to be in better condition then the residue of the subjects of England. And they if their Estates happen to be sold by command of Authority, either by a mistake in Parliament, or erroneous judgement at Common-Law; or if they have a Title to a Trust or Equity in Chancery, wherof Purchasers have no notice, they must lose it, and be content with such recompence in value as the Law allowes, what an Abomination would it be, if two measures of justice should be kept, a great at for the Enemy, and a small for the subject.

16. The Case in point is resolved and practised to the Subjects of Ireland, yet have they as good Articles as those of Exceter, as appears by the Act for setling Ireland, dated 12. Aug. 1652. in the tenth Article and last Proviso; for it is thereby expressely inacted, That they may be trans-planted from their owne Estates to remote Estates of like value, notwithstanding they have beene adjudged comprised within Articles.

17. Purchasers are for the most part undone, and incapable of Indempnity, Tenants having drowned and forfeited their Estates, Widowes, Wives, Or­phans and fatherlesse, having yielded up their portions; And the estate passed from hand to hand, to so many manner of conveyances, uses, trusts and crosse Covenants, as is impossible to reconcile or accommodate with any value; whereas the estate of the Delinquent is only the interest of a single per­son, who can alledge no reason why to avoid all these inconveniences, he should not accept an estate equal or better then his owne in value; But only that he scornes to take land on the Title, either of Parliament or Army.

18. Touching Honour, it will reflect deeply on the Honour of the Parliament, to retract their own Sales; on the Honour of the Protector, he himself being so eminently named, and made a Party to the Act of Sale; On the Honour of the Army, the people esteeming publique Sales to be the military Mar­ket, and planting of the Speare, where by the Lawes of Nations all ought to have security and protection in dealing, and the rights of buying and sel­ling to be observed inviolable. And the Honour of God not to justifie Delinquents to destroy Innocents.

By all which it is hoped it will appear to all just and intelligent persons, that to reverse publick Sales of Delinquents Lands, made by Act of Par­liament upon Articles or any cause preceding, whereof Purchasers had no notice, is contrary to Wisdom, Justice, Honour and the Laws of God and man.

Reasons why the Purchasers of Sir John Stowels Estate, desire the late Vote concerning the confirmation of the Purchases may be enacted.

1. A Great noise of terrour is spread amongst the People by the proceeding of the Committee of Articles; and men still remain fearful to bring in their money to the State, unlesse satisfied with an Act.

2. The presumption of the Committee of Articles in those proceedings against the Resolu­tion of the last Parliament was grounded meerly on this, That the same was a Vote, and not an Act.

3. In the Intervals of Parliaments, on the same grounds men of impudent spirits will sleight a Vote not enacted.

4. It is usual and equal for Sellers to do Acts of further assurance

5. The Purchasers are menaced and threatned they shall not hold quiet long what they have purchased.

6. They shall not be able to sell off their Purchases to others, but with great losse.

7. An Act leaves Purchasers in no other condition as against the State, then they were before, but onely is to secure them against Sir John Stowel.

8 Many Acts of Parliament have been confirmed again by Parliament, though sufficiently valid before, and particularly Magna Charta, though unquesti­onable in its self hath been confirmed above thirty several times.