Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	lord_n	say_a	seal_n	3,083	5	9.0207	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93839	To the supreme authority the Parliament of the Common-wealth of England, his excellency the Lord General Cromwell, and his Councell of Officers the humble remonstrance of Sir John Stawell, setting forth the reason of his first engaging on the late Kings part, and his deportment therein. His desisting from further action upon the Articles of Exeter. The benefit which he claimes by vertue of the said articles. The meanes by which that benefit hath been retarded. His several tryals, both by indictment at Common Law and in the High Court of Justice, for high treason, murder, and other felonies in relation to actions committed in the late unhappy warre; and his almost seven yeares imprisonment. The sequestration of his estate, and sale of the greatest part thereof. The proceedings and judgement of the Honourable Court of Articles thereupon: and his present state and condition.	Stawell, John, Sir, 1599-1662.	1653 (1653)	Wing S5351; Thomason E1072_2; ESTC R208213	69,107	80

which the Generall undertook to endeavour really with the Parliament that it should not exceed two years value of any mans reall Estate and for personall according to the ordinary rules not exceeding the proportion aforesaid which Composition being made he was to have Indempnity of his Person and enjoy his Estate and all other Immunities without payment of the fifth or twentieth part or any other Taxes or Impositions except what should be hereafter charged upon him in Common with other Subjects of this Kingdome by Authority of Parliament as by a Copy of the said Articles hereto annexed may fully appear That he humbly conceives that the pressing of the Covenant and Negative Oath upon him in manner before expressed and stop of his Composition for refusall of the same and imprisonment for that cause and all the aforesaid proceedings against him are contrary to the said Articles and the Conditions and Engagements of the Army made unto him And he doth not conceive how the Orders of Parliament of the fifth of April and the first of November 1645. mentioned in the Warrant of the Committee of Goldsmiths Hall for their Authority doth give them any power against your Petitioner who came in by Articles upon the faith of the Army and the Generals Pass declaring so much and those Articles approved and confirmed by the Commons assembled in Parliament 6. May 1646. being in time after the said Orders of the fifth of April and first of November 1645. were made That according to the said Act he humbly prayes you will be pleased to appoint a speedy time for the hearing of the Petitioners complaint and that the Keeper of the Prison of Newgate may by your Order bring your Petitioner then before you and such causes as are against him for his Commitment and deteiner in that Prison That your Petitioner by your Order may be freed of his aforesaid imprisonment and from all Votes Indictments Charges Judgements and Executions against him for the matters before mentioned and that satisfaction may be acknowledged upon the said Judgements That he may be restored to the present possession of all his Estate without taking of Oathes or Covenant and be freed from Sequestration in regard the profits of his Lands the benefit made of his Woods and Timber besides his other losses have been received and imployed to the use of the Parliament neer three yeares since his Petition for Composition was preferred which far exceeds two yeares value of his Estate which was the utmost penalty the said Articles charged upon him for a Composition That all such Goods as have been taken from him by the aforesaid Committee Sequestrators and others contrary to the Articles granted unto him and since the Date of them may be restored either in Specie or in value according to the equity of the said Act. That by your Order a stop may be given to all proceedings hereafter to be had or prosecuted against him for any act by him done or any other by his procurement relating unto the unhappy differences betwixt the late King and the Parliament And that for the prosecution of his Complaint he may as in Cases of like nature have liberty upon Bayle to attend and follow his business from time to time whilest it depends before you By all which the Faith of the Army will be preserved and vindicated and your Honours and Justice will appear to a languishing Prisoner John Stawell Upon this Petition no proceedings were made by that Court whose Authority determining by the said Act The 10th day of June 1650. the same was renewed by Act of Parliament for six moneths and then ended by expiration onely The 20th day of March 1650. the high Court of Justice was established and the 9th day of July following there was published a speciall Act for tryall of me amongst others for my life before the high Court It being therein declared that I was a person not admitted to composition The 20. of Iuly 1650. I was by order of the said high Court removed from Newgate to the Tower of London in order to my tryal Tuesday the 17th of December 1650. I was brought to the Bar of the high Court of Justice and a charge of high Treason exhibited against me which followeth in these words A Charge of high Treason Murther Felony and other high Crimes and Offences exhibited to the high Court of Justice by Edmund Prideaux Esquire Attorney Generall of the Common-wealth of England for and on the behalfe of the Keepers of the liberty of England by Authority of Parliament against Sir John Stawell alias Stowell late of Higham in the County of Somerset Knight of the Bath by him perpetrated and committed that is to say THat he the said Sir John Stawell alias Stowell out of a trayterous and wicked design to destroy the Parliament and people of England and to subvert the fundamentall lawes and government of this Nation hath severall times in severall yeers of our Lord one thousand six hundred forty two one thousand six hundred forty three one thousand six hundred forty foure one thousand six hundred forty five and one thousand six hundred forty six in divers and sundry places trayterously and maliciously levied and prosecuted a cruell and bloody war in this Land on the behalfe of Charles Stuart late King of England against the Parliament and the Forces raised by authority of the same and hath been voluntarily aiding and assisting to the said late King his party in the late wars against the Parliament and people of England and the forces raised by authority of Parliament And particularly he the said Sir John Stawell alias Stowell on the first day of March in the yeer of our Lord one thousand six hundred forty and two did in an hostile manner at or neer a place called Marshalli Elme in the said County of Somerset with many armed men horse and foot rebelliously and trayterously levie actuall war against the Parliament of England and did with the said war-like Forces commit divers and sundry Murthers Outrages Cruelties Burnings and Destructions upon the persons goods houses and estates of divers of the people of England and he the said Sir John Stawell alias Stowell at the time and place last before mentioned and divers other times and places did with the said war-like Forces trayterously levie war fight and joyn battell against the Forces of the Parliament and people of England In which said fight or fights battell or battels he the said Sir John Stawell alias Stowell with the said warlike Forces did trayterously and maliciously kill slay and murther many of the people of England and particularly on the said first day of March in the said yeer of our Lord one thousand six hundred forty two at Marshals Elme aforesaid did trayterously feloniously and of his malice forethought kill slay and murther one Robert Oseborne late of Taunton in the said County of Somerset Gentleman and divers others And further that he the said Sir

John Stawell alias Stowell the last day of Aprill in the yeer of our Lord one thousand six hundred forty and foure at or neer the Town of Taunton in the said County of Somerset feloniously and of his malice forethought did kill and murther one Christopher Viccary late of Taunton aforesaid in the said County of Somerset Yeoman All which Treasons Murthers Felonies Crimes and Offences of him the said Sir John Stawell alias Stowell were and are against the publike peace the Parliament and people of England And the said Attorney Generall by protestation saving to himselfe on the behalfe of the said Keepers of the liberty of England Liberty of exhibiting at any time hereafter any other charge against the said Sir John Stawell alias Stowell And also of replying to the answers which he the said Sir John Stawell alias Stowell shall make to the premisses or any of them or to any other charge that shall be so exhibited doth for the said Treasons Murthers Felonies Crimes and Offences on the behalfe of the said Keepers of the liberty of England impeach the said Sir Iohn Stawell alias Stowell as a Traytor Murtherer Felon and publike enemy to the Parliament and people of England and prayeth that he may be put to answer all and singular the premisses that such Examinations Tryals Sentence and Judgment may be thereupon had as shall be agreeable to Justice Edmund Prideauxs To which I pleaded 1. That I was not lyable to that Charge read against me by the said Act directing my tryall being a person admitted to Composition 2. That by the Articles of Exeter confirmed by Parliament I ought not to be questioned for the offences laid to my charge Hereupon the said high Court gave me leave to plead the said speciall matter and if that should have fallen out against me They likewise gave me liberty to plead the generall Issue and after many daies solemne hearing and debate thereupon the said high Court did not think fit to proceed to Sentence but to certifie my case to the Parliament which Certificate was in these words Tuesday the 6th of May 1651. To the supream Authority the Parliament of the Common-wealth of England IN obedience to an Act of this present Parliament 9 July 1650. This Court hath proceeded in the tryall of Sir John Stawell for Treason and other offences and upon hearing all the evidences and witnesses produced on the behalfe of the Common-wealth and of the Prisoner It was agreed by the whole Court that he was guilty of the Treason and other high Crimes and Offences charged on him But upon his speciall pleading of right to the Articles of Exeter confirmed by Parliament by which no person therein comprised and submitting to reasonable composition for their Estates should be questioned or accountable for any Act passed by them done relating to the unhappy differences The Court findeth that the said Sir Iohn Stawell was comprised within the said Articles and that in pursuance thereof he did subscribe before a Committee for the Militia of London according to an order in Parliament of the second of Iuly 1646. And did also personally appeare within foure moneths after the said Articles and present a Petition to the Committee of Goldsmiths Hall for composition in relation to the said Articles of Exeter And this Court conceiveth and hath so resolved and declared upon severall debates that his tender of that Petition in the manner proved before this Court was a submission to composition according to the said Articles of Exeter But because we finde some Resolves of Parliament that after the said Articles and his submission as aforesaid do order that he should be tryed for Treason And the said Act of Parliament for his present tryall doth declare him not admitted to composition We therefore do not proceed to Sentence but do thus humbly certifie his case to this honourable Parliament At the high Court of Iustice in the Painted Chamber the 29th of Aprill 1651. Richard Keeble Francis Thorpe Iohn Green William Rowe William Steele Iohn Sadler Iohn Harrison William Vnderwood Thomas Cooke Samuel Sheffeild Iohn Hurst Georg Manley Iohn Blackwell Iohn Parker Thomas Ayres Owen Rowe Cornelius Cooke John Berners Samuel Moyer William Weston John Stone Georg Langham Nathaniel Whetham This Certificate was inclosed in a Letter to Mr. Speaker dated the 29th of Aprill 1651. Tuesday 6th of May 1651 For the right honourable the Speaker of the Parliament of England SIR THe high Court of Justice at their meeting upon the businesse of Sir John Stawell who stands referred to them by the Parliament to be tryed which have held severall debates which have produced the Result contained in the paper inclosed And it is our desire it may be by you humbly presented to the Parliament Painted Chamber 6th Maii 1651. Sir Your most humble Servants Signed by the same hands as are to the abovesaid Certificate And the said Certificate was read in Parliament the 10th of Iune 1651. The 16th of Iuly 1651. my Estate was adjudged by Act of Parliament to be sold and my name accordingly inserted in that Act for sale intituled an Act for sale of Lands and Estates forfeited to the Common-wealth for Treason In February after the passing of this Act I did addresse my selfe unto the Parliament by Petition for my reliefe which I put into Mr. Garlands hands and followeth in these words To the Supream Authority the Parliament of the Common-wealth of England The humble Petition of Sir John Stawell Prisoner in the Tower Sheweth THat your Petitioner was comprised within the Articles of Exeter and was to enjoy those benefits which were agreed on at the rendition thereof That he hath really performed all things within his power which were by the said Articles required on his part Notwithstanding he hath for the space of almost six yeers lain under the weight of your displeasures not onely by the sequestration of his Estate and a long and sad Imprisonment but by the prosecution of his life upon severall Indictments and lastly by a tryall before the high Court of Justice Your Petitioner humbly praies that you will be pleased to cast your eye upon the annexed Certificate of that high Court directed unto you and that as by the blessing of God the Justice of that honourable Court and the benefit of the said Articles his life hath been hitherto preserved so the liberty of his person and the possession of his Estate may be granted unto him by the mediation of your favours discharged of such Iudgments Sales or Incumbrances as are contrary to the intent and true meaning of the said Articles in regard that the profits of his Lands the benefit made of his Woods and Timber besides his other losses have been received and imployed to the use of the Common-wealth neer six yeers since his Petition for Composition was preferred which far exceeds two yeers value of his Estate which was the utmost penalty the said Articles charged on him for a

aforesaid not to bear Arms against the Parliament of England sitting at Westminster nor wilfully do any act prejudicial to their affairs whilest 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 July 1646. he came to London to make his Composition and according to an Order of Parliament of the second of July 1646. and within the time thereby 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 July 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 admited because he refused to take the Negative Oath and Covenant And was the 13 of August 1646. for such his refusal only commited 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 Judgments 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 July 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 tryed for his life before the said High Court who after many days tryal examination of witnesses and strict enquiry 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 Tryal 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 neer thirty thousand pounds in his Estate besides his imprisonment and hazard of his life That his Estate by an Act of the 16 of July 1651. is amongst others declared forfeited for Treason and hath been since sold accordingly That neither he nor his sons or servants have engaged 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 Judgments 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 Attorney General on the behalf of the Commonwealth of England and by the Councel 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 thereto 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 according 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 engaged 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 Judgments as aforesaid The said Trustees also put in their Answer and say That by the said Act of the 16 of July 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 payd and claim no other interest in the said Estate then 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 Inn Gent. saith That he hath purchased from the said Trustees part of the Manor of Priestley being parcel of the Lands of the said Petitioner and hopes to have back his

pleasing to the Towne and Country adjacent during which deliberation the Townsmen of Taunton conceiving themselves concerned in the conclusion thought fit to preferre their Petition to have such a Governour as was of birth and honour of their own Countrey from whom as it seemes they supposed they might have ease and favour which Petition as it was exhibited by the then chiefest Inhabitants is in very words thus To his Highnesse Prince Maurice and to his Excellency the Lord Marquesse and Earle of Hertford Generall of his Majesties Forces in the West The humble Petition of the Inhabitants of the Town of Taunton BEing very sensible of the great oppressions we have suffered and the miseries to which we are reduced under that government and by reason of those Governours to whom necessity hath of late times enforced our subjection and yet with some comfort resenting those happy times wherein the Lawes and Justice of this Kingdome were by the hands of the noble Gentry of these parts so dispensed amongst us that every man enjoyed his owne his liberty his property and lived a most happy people under a most gratious Soveraigne and being desirous to be againe brought as neere as may be to the same happy condition doe in all humillity beseech your Highnesse and Excellency will vouchsafe to assigne some Gentleman of birth and honour neere adjoyning to us to be our Governour who to your Highnesse and your Excellency shall seeme fit and under whose protection we may enjoy the almost forgot felioities of former times our liberties and safeties And we shall account our selves most happy and will ever thankefully acknowledge your graces and favours to us and pray for your Highnesse and Excellencies prosperities with increase of happinesse and honour After which Petition preferred the Townsmen did become earnest suiters to the Marquesse that he would be pleased to assigne me in particular and by name their Governour notwithstanding they had left it indefinitely to the Marquesse his discretion to appoint any of the Gentlemen of that Country so qualified as they expressed in their Petition whereupon the Marquesse willing to give them such satisfaction as might oblige them did desire me to take the government up on me But I very well apprehending the nature of the people and how that Towne had dealt with me for my good will towards them who had never in all my life been wanting in any thing wherein I might in all neighbourly manner befriend them In the third yeare of the late King at which time they preferred Articles grounded upon scandalous and false suggestions against me unto the Parliament The danger of any one of which in case they could have made them good against me might have cost me my life Nor was their violent prosecution of the said Articles by moving for a Serjeant at Armes by whom I was commanded to attend the House at that time to be forgotten although they were not able in the least manner to fasten any thing upon me that might justly demerit so much as the rebuke of the house or committee to whom it was referred All which or to the like effect I urged unto the Marquesse humbly and heartily desiring his Lordship that he would be pleased to excuse me their former practices administring good reason for my refusall Insomuch as the Marquesse holding himselfe satisfied did place the government upon a person of honour and quality of the county who had the deputation for some time during which the Towne continued very Incessantly to importune his Lordship that I might be the man who should have the command over them and thinking it then a considerable part of their interest did make use of very many Gentlemen and persons of quality to mediate for them and to perswade me to entertaine it and in their own persons did often sollicite me to accept of a commission to that purpose Yet these their endeavours notwithstanding I did refuse But his Lordships importunity growing to that height that I could not with good manners withstand him I did humbly pray his Lordship that he would lay aside his request unto me as importing a latitude or scope to my denyall and to command me to it and I should obey him as my Generall upon which my Lord replyed if you will excuse the terme I doe command you And thus I accepted my commission the chiefest of the Towne being then present and importuning the same the commission followeth in these words WIlliam Marquesse and Earle of Hertford Viscount Beauchampt Lord Seymor one of his Majesties most honourable Privy Councell and Lieutenant Generall of his Majesties Forces in the West To Sir John Stawell Knight of the honourable order of the Bath greeting By vertue of the authority and power given from our Soveraigne Lord King Charles under the great Seal of England as Lieutenant Generall as aforesaid I doe hereby constitute and appoint you the said Sir John Stawell to be Governour of the Towne and Castle of Taunton and the Parish of St. James thereunto adjoyning scituate in the County of Somerset and the Garrison therein and Forces thereof and doe give unto you full power and authority in his Majesties name and for his service the said ga●rison and Forces as Governour to command arm discipline traine and order in warlike manner and with them to fortifie the said Towne Castle and Parish and defend and preserve the same against all his Majesties enemies whatsoever to the utmost of your abilities and further exercise Marshall Law within the said Towne castle and parish upon all offenders deserving the same and to doe performe and execute all such act and acts thing and things as to the Office of a Governour of a Towne castle and Parish doth of right appeartaine and belong willing and commanding all Officers and Souldiers of the said Garrisen together with the Inhabitants of the said Towne castle and Parish to obey you as their said Governour according to this your commission as also all such Officers as you shall appoint under your hand and seal for the furtherance and advancement of his Majesties service And you your selfe to observe and follow all such orders and directions as you shall from time to time receive from his Majesty my selfe or my Lieutenant Generall according to the occasion and discipline of Warre Given under my hand and seal at Taunton this eighth day of June in the 19. yeare of his Majesties Raigne HERTFORD Together with this Commission I had two other Commissions the one for the raising of a Regiment of Horse and Dragoones the other for the raising of a Regiment of 1500. Foot which I forbeare to insert for brevities sake That very morning I received my Commission my Lord Marquesse marched out of the Towne leaving me to the ordering of my Garrison upon which I thought fit to take a view of the Castle to the end I might dispose and regulate matters as might answer my charge and trust where when I came