The Case of Sir GERVAS' SCROPE KNIGHT, etc.  
Before the Honourable COMMISSIONERS FOR ARTICLES   printer's or publisher's device 
LONDON Printed in the Year 1650.   

Sir Gervas' Scropes' case before the Right Honourable the Commissioners for relief upon Articles granted in time of War.  
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 recommended to the Parliament to compound for their estates as coming in before the first of that instant May.  
The Treators for the Garrison then told the 
Vide 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 the town, and upon that agreement, it was Surrendered.  
The Parliament 1. junii 1646. confirmed the aforesaid Articles in these words viz. That the persons comprised within the Articles of Newark, shall compound for their estates, as coming 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 could not compound at less than 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 relief, and prays, 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 Surrendered, which otherwise had not been Surrendered.  
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 coming in before the first of May 1646 and the Parliaments confirmation of those Articles of the first of june 1646 being in the same general words, it is objected, that the Parliament hath not confirmed the aforesaid paroll agreement of the Treators, and so this court not empowered to relieve us.  
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 besieged) had no signification, and until it was so explained, the Treators refused to agree to Surrender; and upon that explanation the Garrison was surrendered, and so by the order of 1 junii 1646 that 11. Article so explained, was confirmed, and consequently, this Court is empowered to relieve them.  
Objection. That by several 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 particular exceptions) was at a sixth being three years' value.  
Answer. That 1 junii 1646. the Parliament by 
Vide The Vote itself here. with Printed.  their vote, explained the former Order, and declared, that for all such as rendered themselves without Articles, should compound at a sixth; but in express 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 behalf.  


My Lords and Gentlemen,  
I Received your Letter of the 25. instant, directed to the Commissioners from Parliament at the surrender of Newarke, which was brought to me this day by Sir Gervase Scroop, with a copy of his Petition enclosed, In answer to which (to the best 
The Certificate of one of the Treators to the Commissioners for Articles.  of my knowledge) there being now no other Commissioners in Town, that I know of. I Certify, that Sir Gervase Scroop Knight, was comprised within the Articles of Nèwark, being there, at the surrender thereof. And I believe the Allegations of his Petition to be true; For, I remember, when that Article was concluded, as coming 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 coming in before the first of May, That our Treators told them, by coming in before the first of May, they should be admitted to Composition at two years' value for Inheritance, and for other estates proportionably; such only excepted, as were within the exceptions of Parliament. Thus having given you the best of my knowledge,  
I remain Your humble servant, 25. November 1649.   

It being questioned by the Treators appointed on the behalf of the Garrison of Newark, at what rate their Composition, coming in as before the first of 
The Certificate of the Treators.  May, was to be made. It was answered by the Treators on the behalf of the Parliament, that the Estates of Inheritance of all persons (not excepted by former Ordinances) then in the Garrison of Newark should not exceed two years' Revenue, and Estates for Leases, or lives for 21. years should not exceed one years' value, and so proportionably, this was the sense of the Gentlemen then appointed to Treat, and so it was agreed;  
Witness my hand. 3 December 1649.    
The Vote of this House of the 12. of Decemb. 1645 declaring, that the rendering, and coming in of persons to the Parliament, shall be understood, of such persons only, as shall testify their affection to the Parliament, by taking the Nationall Covenant, and the negative Oath, made in April 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 Goldsmith's Hall or any other Committee, or to the General, 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 Goldsmith's hall, to take the Nationall League and Covenant, and the Negative Oath, before the last day of july, shall be admitted to his Composition at Goldsmith's 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 to the Articles and Agreements made in their behalf, and was upon the Question Committed to the Committee at Goldsmith's Hall, who are to consider of it, and report it to the House.  
Hen: Scobel Cler. Parl.   
Note. There are not above 8. persons who seek relief upon these Articles, whereof Sir Gervase Scroops Fine, is near 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.  
FINIS.