Sir Gervas Scropes case before the Right Honorable the Commissioners for releif upon Articles granted in time of VVarre.
THe Parliament Treators upon the rendition of Newarke, presented Articles to the Treators of the Garrison Dated 6 May 1646. the eleventh Article whereof are in these words, viz.
That all persons comprised within these Articles shall be recomm [...]nded to the Parliament to compound for their estates as comming in before the first of that instant May.
The Treators for the Garrison then tould theVide The Certificate of the Parliament Treators herewith Printed. Parliament Treators, that they did not know what was the meaning of these words, of coming in before the first of May, and therefore desired an explanation thereof. Whereupon the Treators for the Parliament assured the Treators for the Garrison that all persons (not excepted by former Ordinances) should not exceed two years value for inheritance, and for Leases for Life, or one and twenty years, one years v [...]lue. Upon which explanation, and affirmation of the Parliament Treators, the Treators for the Garrison, agreed to Surrender [Page 2] the towne, and upon that agreement, it was Surrendred.
The Parliament 1. Iunii 1646. confirmed the aforesaid Articles in these words viz. That the persons comprised within the Articles of Newark, shall compound for their estates, as comming in before the first of May 1646.
Sir Gervas Scrope being comprised within these Articles, and not excepted by any former Ordinance, preferred his Petition at Goldsmiths-Hall, but cold not compoūd at lesse then three years value for Inheritance, & proportionably for other estates and accordingly hath paid in two parts of his Fine.
Sir Gervas hereupon petitioned this Court for releife, and praies, that his composition may be reduced from three years to two years value, according to the aforesaid explanation made by the Parliaments Treators, because, upon that agreement, the Garrison was Surrendred, which otherwise had not been Surrendred.
Objections. That the words of the 11th. Article of Newarke, being no more but that the persons therein comprised should be recommended to the Parliament to compound for their estates, as comming in before the first of May 1646 and the Parliaments confirmation of those Articles of the first of Iune 1646 being in the same generall words, it is objected, that the Parliament hath not confirmed the aforesaid paroll agreement of the Treators, and so this court not impowred to relieve us.
[Page 3] Answer. This agreement made between the Treators, was not any new matter distinct from the rest of the articles, but was only an explanation of an Article, which, without that explanation (as to the Newarke men then beseiged) had no signification, and untill it was so explained, the Treators refused to agree to Surrender; and upon that explanation the Garrison was surrendred, and so by the order of 1 Iunii 1646 that 11. Article so explaned, was confirmed, and consequently, this Court is impowred to releive them.
Objection. That by severall orders, one dated 12 Decemb. 1645. one other dated 23 Martii 1645 the rule to compound was according to the Propositions afterwards sent to the late King at Newcastle, which (for such persons as were not under particuler exceptions) was at a sixt being three years value.
Answer. That 1 Iunii 1646. the Parliament byVide The Vote it selfe here. with Printed. their vote, explained the former Order, and declared, that for all such as rendered themselves without Articles, should compound at a sixt; but in expresse terms, by the same vote, further declared, that all such, who came in upon any conditions, upon the Surrender of any Garrison, or otherwise, should have the benefit thereof, according to the Articles, and agreement made in their behalfe.
I Received your Letter of the 25. instant, directed to the Commissioners from Parliament at the [Page 4] surrender of Newarke, which was brought to me this day by Sir Gervase Scroop, with a copy of his Petition inclosed, In answer to which (to the bestThe Certificate of one of the Treators to the Commissioners for Ar [...]icles. of my knowledg) there being now no other Commissioners in Town, that I know of. I Certifie, that Sir Gervase Scroop Knight, was comprised within the Articles of Nèwark, being there, at the surrender thereof. And I beleive the Allegations of his Petition to be true; For, I remember, when that Article was concluded, as comming in before the first of May, some of our Treators came to Us the Commissioners of Parliament, and told us, this Article was much stood upon by the Treators of Newark, who desired our Treators to resolve them what they meant by comming in before the first of May, That our Treators told them, by comming in before the first of May, they should be admitted to Composition at two years value for Inheritance, and for other estates proportionably; such onely excepted, as were within the exceptions of Parliament. Thus having given you the best of my knowledg,
It being questioned by the Treators appointed on the behalf of the Garrison of Newark, at what rate their Composition, comming in as before the first of The Certificate of the Treators. May, was to be made. It was answered by the Treators on the beha [...]fe of the Parliament, that the Estates of Inhe [...]itance of all persons (not excepted by former Ordinances) then in the Garrison of Newark [Page 5] should not exceed two years Revenew, and Estates for Leases, or lives for 21. years should not exceed one years value, and so proportionably, this was the sence of the Gentlemen then appointed to Treat, and so it was agreed;
The Vote of this House of the 12. of Decemb. 1645 declaring, that the rendring, and comming in of persons to the Parliament, shall be understood, of such persons onely, as shall testifie their affection to the Parliament, by taking the Nationall Covenant, and the negative Oath, made in Aprill 1645. was this day Read, An Order for further explanation of the said Vote was read, in haec verba, vizt.
THat all persons who have tendered themselves before the first of May last 1646. to the Committee of Goldsmiths Hall or any other Committee, or to the Generall, or to any Governor of any of the Parliaments Garrisons; or to any Commander in chief of any of the Parliaments forces, and shall tender themselves to the Committee at Goldsmiths hall, to take the Nationall League and Covenant, and the Negative Oath, before the last day of Iuly, shall be admitted to his Composition at Goldsmiths hall, according to the Propositions.
And all persons which have any Conditions granted unto them, upon the surrender of any Garrison, or otherwise, shall have the benefit thereof, according [Page 6] to the Articles and Agreements made in their behalf, and was upon the Question Committed to the Committee at Goldsmiths Hall, who are to consider of it, and report it to the House.
Note. There are not above 8. persons who seek releife upon these Articles, whereof Sir Gervase Scroops Fine, is neer as much as all the rest, the rest of the Garrison of Newark (of any considerable Estate) are of other Qualifications, not releeveable by the Articles of Newarke.