mony and charges before he surrender and then he says he shall be always ready to do the same John 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 Batteley 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 Common-wealth and the said Trustees and of the said other Defendants the Petitioner Sir Iohn Stawell replyed averring 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 Tryal 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 then what hath been already signified to the said High Court upon his Tryal 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 Harrisen 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 finde and are clearly of opinion That Sir Iohn Stawell 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 whilest he remained in their Quarters which we finde 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 Stawell'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 enjoyned 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 Goals 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 finde to be approved by the then House of Commons the sixth of May 1646. and by both Houses of Parliament the fourth of November 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 John Warr John Borradale Edward Bushell John Farwell 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 tryed 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 Judgment to be since given but discern themselves impowered 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 judgments 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
same Committee and the rest Notwithstanding the Committee made this order At the Committee for compouning 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 Mr. Stephens within few daies after makes his report and it may easily be gathered from a testimony under Mr. Ash his hand what it was and from whom he received his instructions being not present himselfe the first time that I appeared before the Committee as he doth confesse by his Deposition taken in the high Court of Justice which testimony of Mr. Ash followeth in these words THat I do not remember the precise day of the month when Sir John Stawell first appeared before the Committee at Goldsmiths Hall But this I well remember that it was about foure daies before the foure moneths limited by the Articles of Exeter were expired 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 wherein he rejected the Parliaments mercy offered him in the Articles and did put a contempt upon the Authority of the Parliament That I do not remember the very words contained in the said paper and which Sir John Stawell then spake at the delivery thereof unto the Committee yet I do remember that the sense and substance of both was to this effect viz. THat the Parliament had seised and sequestred his Estate or had taken it away by force for doing his duty to the King as by the Law and severall Oathes which he had taken he was bound to do and that he could not have his Estate again unlesse he gave that Committee money to redeem it That he was a person in debt and his debts were much increased since his Estate was taken from him by the Parliament by which means he was disabled to pay the Committee much money Notwithstanding if they could accept of what he could procure he would then compound with them for the redemption of his Estate That the Committee did then advise Sir John Stawell to submit unto the Authority of Parliament and to petition for his composition as others had done and not to expose his person and his estate to the will and pleasure of the Parliament and not to reject their mercy contained in the Articles of Exeter to which he had a right in case he did submit thereunto and thereupon the Committee advised Sir John Stawel to take further time of consideration hoping that at his next appearance he would be better advised and yeild submission to the Authority of Parliament and conform to the rules of that Committee That when Sir John Stawell next appeared before the Committee which was about three daies after the foure moneths limited by the Exeter Articles were expired instead of submitting to the Committee as was expected he was higher in his expressions then at the first upon which the Committee upon his refusall of taking the Negative Oath committed him to the custody of the Serjeant at Armes untill the whole matter and manner of Sir John Stawells behaviour should be reported to the Parliament That in short time afterward Mr. John 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 That the Parliament upon this report made by Mr. Stephens ordered Sir John Stawell to be brought to the Bar to heare and receive this charge and the sense of the House thereupon That when Sir John Stawel came into the House being brought in by the Serjeant at Armes he was told by the Speaker that he was a Traytor or a Delinquent and therefore was required to kneele at the Bar Sir John Stawell made him some crosse grumbling answer what the words were I do not remember but refused But the Speaker having three times required him to kneele and Sir John Stawell still refusing the Serjeant at Armes was required to take him away which he did accordingly and thereupon the Speaker did not then give him his charge That Sir John Stawell having contemned the Authority of Parliament the House committed him to Newgate as a Traytor and in shorttime after ordered that he should be proceeded against as a Traytor John Ash This is a true Copy Tracy Pauncefote Register THese Contents were signed by Mr. Ash and sent to the high Court of Justice as evidence against me and are now remaining in the Court of Articles in the same individuall paper which he subscribed So that from hence it may easily be inferred that all my wrongs and sufferings have flowen from Mr. Ash his construction of my Petition to be a Remonstrance and that therein I had refused the Parliaments mercy and put a contempt upon the Authority of Parliament and from Mr. Stephens his report the substance of which he took upon credit that it was the sence of that Committee that I had slighted and contemned the Authority of the present Parliament and forfeited their mercy contained in the Articles of Exeter Upon this no man but will say that the Parliament had good cause to send for me to their Bar and to question me for my former Ingagements since they were told that I was in contempt of their Authority and had forfeited their mercy contained in the Articles which were my onely security And being brought unto the Lobby about nine of the clock in the morning I was put into a little dark corner upon the left hand of the entring in of the outermost door my two Keepers attending without the door and suffering none to come in unto me but Mr. Ash who during the time of my being there which was betwixt nine and three in the afternoon was with me foure or five severall times and seeming in all his discourse very much to condole the sadnesse of my condition I very well remember that the last time that he was with me he spake to me in these words Master you told me the other day when I was with you that your Composition would go hard with you for that Deans and Chapters lands are exposed unto sale at tenyeers value you having not money in your purse to pay your composition must sell your Fee-simple lands according to that rate If it please you for to take 4000 l. for Aubury I will help you to a Chapman that shall give you the money Whereupon I told him that he did not offer me halfe that it cost
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
do verily believe a great part of the purchase money is paid according to the said Act of Parliament to the Treasurers thereby appointed to receive the same and that the said monies have been since paid out by the said Treasurors as the Parliament and others authorized by them have Ordered the same And therefore the said Trustees further say That they claime not any manner of Interest in the said Sir Iohn Stawells Estate otherwise then as persons intrusted by the said Act of Parliament as before is declared Nor do they know nor doth it concern them to know why the Parliament did enact his Estate to be sold as aforesaid Wherefore they humbly pray hence to be dismissed Richard Graves Counsell with the said Trustees IN humble obedience to an order of the honourable Commissioners appointed by Act of Parliament for reliefe of persons upon Articles granted in time of War which Order is dated the seven and twentieth of November 1652. and served about six daies since whereby Matthew Coker of Lincolnes Inne Gent is required within 7. daies after service to make answer in writing to the matter of complaint exhibited against him touching breach of Articles by Sir Iohn Stawell whose petition as is informed is now depending before the Commissioners aforesaid according to which the said Sir Iohn Stawell desires to bee releived against him concerning a Messuage in Everchreech and Presley in the County of Somerset I therfore the said Matthew Coker do for answer say that whereas the Trustees at Drury house according to the power given them had given notice of their resolutions to make sale of Sir Iohn Stawells Estate and amongst the rest of the Mannor of Presley part of which Mannor being bought by the Town of Taunton and the remaining part which was and is Tennanted by my Brother-in-Law William Smith of Presly Gent. being also about to be sold I therefore at the instance and request of my owne Brother and other kindred and friends and by vertue of an Assignment of Tenant-Right from my said Brother-in-Law William Smith became a Purchasor of all that Right and Estate that had been in Sir Iohn Stawell upon the Land Tenanted by the said William Smith some great inducement to which Purchase amongst the rest was chiefly the naturall affection I beare to my Sister and her Children who as I had reason to suspect might have very much suffered if a stranger had bought over their heads whereupon I confesse without the least intimation of Sir Iohn Stawell or any Agent from or under him I did with the said Trustees contract for and buy the same notwithstanding the Articles of Exeter which I thought would not have concerned me being a private person to look into or judge of and I the rather did the lesse heed them having then as I still have an assured confidence in the Justice of the Parliament that if at any time they being rightly convinced that the said Sir Iohn Stawell should have the benefit of the Articles of Exeter and accordingly admitted him that care would be taken for giving reasonable satisfaction for my purchase-money and other charges I have been at and now for that I have made my first payment and have a conveyance from the said Trustees of the premisses sealed and inrolled therefore though it shall never so much appeare that Sir John Stawell is comprised in and ought to have benefit of the said Articles and be admitted into a capacity of enjoying the same yet for that I have paid money and am invested as aforesaid I think it altogether consistent with the justice of the Parliament and the honourable Commissioners aforesaid first to put me in a sure condition or way of having that reliefe as is proper and necessary in a case of this nature before I surrender back to the State or part with any Interest I have in the premisses But when I shall be assured of satisfaction as aforesaid I shal being lawfully required be alwaies ready in obedience to any Parliamentary power to part with my Interest as aforesaid which I confesse I should have been the more unwilling to have done but that I have by much experience found that by reason of the doubtfulnesse whether Sir Iohn Stawell should have benefit by the said Articles or no doth make for the disadvantage of the Purchasor in severall respects and therefore I hope the honourable Commissioners aforesaid will bee gratiously pleased speedily to decide and put some certain period to the businesse one way or other Wrote and signed with my own hand Matthew Coker To the Right Honourable the Committee for Articles The humble Answer of Iohn VVarr and Iohn Borradale Gentlemen to the Information and Complaint of Sir Iohn Stawell THat we did joyntly Contract with the Trustees appointed by Act of Parliament for sale of severall Lands and Estates forfeited to the Common-wealth for Treason of the Demesnes of Bewly in the County of Somerset being late parcell of the Estate of the said Sir John Stawell appointed to be sold by the said Act. That we were incouraged to the said Contract by the said Act of Parliament by vertue and authority whereof we hope and expect to be protected and to enjoy our said Purchase That how farre the said Sir John Stawell is concerned in the pretended breach of the Articles of Exon concernes not us to look at The Parliament of the Common-wealth of England having as we humbly conceive sufficiently weighed and determined the Interest of the said Sir John Stawell in the said Articles before they exposed his Land to sale John Warr. John Borradale To the Right Honourable the Commissioners for reliefe of persons upon Articles of VVarre The Answer of Iohn Farewell to the Complaint of Sir Iohn Stawell Knight THat he was altogether ignorant of any Articles Sir John Stawell had but he Contracted for the Lands mentioned in a Subscription of Sir Iohn to your Honours Order of Summons of the eighth of December last with those who as he conceived had authority to doe the same And shall freely submit to what Authority shall do therein By the direction of the said John Farewell Delivered 23. of February 1652. Nicholas Batteley The said Nicholas Batteley Answers in the same words Edward Bushell Answers likewise in the same words Both delivered 23. of February 1652. To the Honourable the Commissioners for releife upon Articles of VVarre The Answer of Iohn Gorges Esquier to the Complaint of Sir Iohn Stawell Knight THat he was altogether ignorant of any Articles Sir Iohn Stawell had But he contracted for the Lands mentioned in a Subscription of Sir Iohn to your Honours Order of Summons of the eighth of December last with those who as he conceived had authority to do the same and shall freely submit to the like Order for himselfe as shall be made in the Case of other the Purchasers on Friday next come seavenight Iohn Gorges I do authorise Thomas Sherwood Gent. to deliver this as my
wherein I may doe him Iustice you may make use of it at his hearing I being upon my oath shall set nothing under my hand but what is truth which I dare not otherwise doe if I were not sworne To the first I know he delivered in a Petition into Goldsmiths Hall desiring to compound for his Estate comming in as I remember upon the Articles of Exeter and I know he delivered his Petition within the time according to the Articles Some of the Committee that were then present gave me and the rest a character of him that he was one of the violentest enemies the Parliament then had That he was one of the very first that raised Forces against the Parliament and some other such speeches of the disposition and nature of the man upon which we were resolved to shew him no favour but found fault that in the first place in his Potition he had not acknowledged himselfe a Delinquent to which as I remember he answered he came to compound according to his Articles and desired the benefit of them Then we asked him if he had taken the oath and covenant or if he had not we asked him if he would take it he replyed that by his Articles he was to take no oath we told him we were commanded that all such as compounded before us should take the oath and covenant and take the Negative Oath which he refused to doe we gave him time for eight or ten daies or a fortnight I doe not certainly remember but it was to my certain remembrance that by that time his time given him by his Articles would be out that we might deale with him the better For his deportment to us at that time and the other that he was before us for my parâ— I took no offence at it neither doe I think justly there could be any He is of himselfe of a blunt carriage but for uncivility I saw none at the times he was before us either in gesture or language For my part I would have had him admitted to composition knowing money would have done the Parliament service besides by his Articles we ought but I was but one others were not of my mind but heightned his offence high took exceptions at his carriage and language and would have it reported to the House for my part then I thought there was more in it then was outwardly expressed but the truth was by the order of the House we were bound up from admitting him to compound unlesse he took the covenant except the House would dispence with it which they did when they approved of those Articles But since I must confesse I have heard from some of the then Members of Parliament that one of our Society would have bought a Mannor of Sir John Stawell which lay neere him but I knew nothing of it then but took notice of some tartnesse in the party which being neighbours and Countreymen I something wondred at thinking that Sir John Stawell might have exasperated him by some action in the time of war Sir if J might know to what the commissioners would have me examined and send me the interrogatories I shall give them as full an answer as if I were present I am confident M. Leech must say the same as J doe about the delivery of the Petition and the reasons why we then respited him and went not on to his composition Sir J am 1 July 1653. Your assured friend and servant ANTHO IRBY THese are to certifie whom it may concern That I Sir David Watkins being in the yeere 1646 one of the Committee for compounding with delinquents then sitting at Goldsmiths-hall doe well remember that Sir John Stawell Knight of the Bath came to the said Committee with a faire and civill respect and presented his petition to them within the time limited by the Articles of Exeter Thereby desiring that he might compound for his Estate according to the said Articles granted to him and others of the Kings party He had omitted to acknowledge Delinquency in his said Petition neither had he taken the Negative Oath and Covenant as others in his condition had done before their admittance to composition nor was he willing to submit to either affirming the same to be contrary to the said Articles and against his conscience to take the Negative oath and covenant Therefore his Petition was laid aside and not received In witnesse whereof I have hereunto at the request of the said Sir John Stawell subscribed my name this third day of October in the yeere of our Lord God 1653. David Watkins The Court of Articles were likewise pleased the Councell of the Commonwealth consenting thereunto to give leave that the whole evidence taken before the High court of Justice should be made use of at the hearing by either party The Commissioners for compounding with Delinquents also returned their answer to an Order of Court which followeth in these words By the Commissioners for compounding c. 11 August 1653. Haberdashers-Hall London IN answer to an Order from the Commissioners for reliefe of persons upon Articles granted in time of warre bearing date the tenth instant in the case of Sir John Stdwell who claims the Benefit of Exeter Articles We doe hereby signifie unto the said Court that upon search made by our Register he findes not that there are any papers in his custody which concernes Sir John Stawell save onely an Order of the High Court of Justice of the 26 of Novrmber 1650 requiring Mr. Leech our late Register to certifie unto that Court the proceedings had in relation to the said Sir Johns composition and we are informed that his petition to compound with such other papers as concerned him were there left before the said High court of Justice and not sithence delivered back to our Register so that we know no further matter against the said Sir John Stawell then what hath been already signified to the said High court upon the said Sir John Stawels Triall Here remaines with our Register severall petitions of the Lady Stawell which we conceive not pertinent to the case of the said Sir John and therefore think not fit to trouble the court of Articles therewith Sam Moyer Edw. Cary. Rich. Williams Ric. Moores T. Bayly The 15 of August 1653. the cause came regularly to be heard and Councell as well on behalfe of the Commonwealth and Trustees and of me the petitioner having been fully heard and averring they had nothing further to say and in regard none of the Defendants who had answered did attend nor any for them although Oath was made that they were summoned to that purpose the Court took time to advise upon the whole matter But in the interim whilst the Court was deliberating and advising upon their judgement the Trustees of Drury-house and the petitioners to impede the judgement of the Court perceiving that I had fully proved the severall assertions of my petition whereupon I prayed their reliefe they preferred two
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 LONDON Printed by T.R. for Henry Twysord Anno Dom. 1653. The humble REMONSTRANCE of Sir JOHN STAWELL IT was but of late that by the blessing of Almighty God and your exceeding great Justice and favour I was freed from some of those many afflictions and calamities which attend a sad condition into which the practise misinformations and ill-grounded apprehensions of some men had throwne me And that I began to look back upon my miseries already past with that contentment and security which men enjoy in viewing Rocks and raging Seas when they themselves are safe in Harbour desiring nothing more then to spend the residue of my dayes which by natures proscription cannot be many in such peaceable obedience to this Commonwealth as by your Faith and Honour made good unto me I hold my selfe obliged unto But now finding that the restlesse proceedings of such as hate me without a cause doe tend to nothing lesse then to reduce me to my former miserable condition and consequently to ruine both me and my posterity I have presumed in all humility and I hope free from offence To declare and remonstrate this my Case to the end That as my duty to heaven bindes me I may evidence unto the world Gods most remarkable mercies towards me vindicate your Honour and Justice and undeceive the whole Natition whose Faith likewise is most highly concerned in these my sufferings And in so doing I will fix my selfe upon that truth which shall be avowed upon the faith of a Christian and honour of a Gentleman And because my undertaking under the late King have had the ill luck to be stained and aspersed with too much forwardnesse as acting beyond the moderate and sober limitations of a contrariant and as if my nature had prompted me to the delight of cruelty in those imployments I shall begge your patience in suffering truth to be fetcht from its Fountaine and hence to derive it to my present state and condition In the yeare 1640. by vertue of the late Kings writ of summons I was chosen by the County of Somerset one of the Knights to sit in Parliament and did accordingly attend that service for the space of eighteen moneths or thereabouts at which time some unhappy differences arising betwixt the late King and the two Houses I did receive signification of his pleasure by a Letter unexpected from Beverley and sealed with his privy Signet which followeth in these words CHARLES REX TRusty and welbeloved we greet you well Whereas we have issued forth our Commission of Array for the County of Somerset under our great Seal of England unto our right trusty and right entirely beloved cousin and councellor the Marquis Hertford And with him have named you a Commissioner In the execution whereof and such other publike services as we have and shall intrust unto you your presence care and utmost circumspection is most necessary We doe therefore hereby require you with all convenient speed to repaire unto the said County and to attend that service wherein we doubt not you will so demeane your selfe as may be sutable to the good opinion we have of you and as may most promote the due execution ef this Commission Which at this time is of so high a consequence not onely to the security of our said County but to the peace of this Kingdome in generall And because this Commission by such who declare all things illegall which suit not with their desires or designes is declared to be contrary to the Lawes and thereupon you may be summoned by one or both Houses of Parliament as a Delinquent for the execution thereof We require you upon your alleageance not to intermit or in any sort to neglect our said service upon any such summons by going on removing to London or any other place save to us or where it is fit for you to be in the prosecution of our said service and such further command as you shall receive under our own hand And we doe hereby require and command all Sheriffes Majors Justices Officers Ministers and loving Subjects whatsoever not onely to be assisting and ayding unto you in case of need in your free passage from place to place But also that they presume not to attach your person or serve you with any warrant Order or summons whereunto we have not consented nor deteine or seize any of your goods or servants or any thing to you belonging without our speciall license first obtained as they and every of them will answer the contrary at their utmost perills For which this shall be to you and them sufficient warrant and authority Given at our Court at Beverley the eleaventh day of July in the eighteenth yeare of our Raigne To our trusty and welbeloved Sir John Stawell Knight of the Bath This Command caused me within few dayes after to repaire to my house in the Country where I received another Letter directed unto me from the Lord Marquis Hertford dated at Bath who was then Lord Lieutenant of that County and recommended to the late King by the House of Commons as a fit person for that command and was as followeth SIR I Am come by command from his Majesty with Commission to muster the Forces of this County of which Commission you are one I intend to be on Wednesday next at Wells where I shall desire your presence that I may impart the Commission unto you and advise further about the execution thereof In the moan time I rest Your assured friend and Servant HERTFORD Bath July 24. 1642. Upon this Summons I waited upon my Lord Marquis at Wells together with two of my Sons and some servants And my Lord shewing me his Commission in which I found my selfe together with divers other persons of honour and quality named Commissioners which Commission was produced and read in the high Court of Justice upon my Tryall And in few dayes after and before my removall from Wells his Lordship had notice that some parts of that Country had put themselves in Armes and were marching towards him without his order or any knowledge of their designe whereupon it was
I found to the number of 60. prisoners or thereabout whose imprisonment in that place I did not thinke convenient And therefore did pray the assistance of Sir William Portman and Mr. John Symes two of the Deputy Lieutenants of the County and Justices of the peace and were neighbours to advise about the disposing of them who did at my request come unto me to the Castle where we called all the prisoners before us and examined the reasons of their severall commitments and for so many as we found committed by Mittimus their offence of such a nature as that they could not be delivered without a due course of Law those were detained amongst which was Mr. Chaplaine Mr. Powell the Apothecary and the aforenamed Cady for which they and some others have brought their severall Actions against me and recovered great sums of money And for so many as we found who were not committed by Mittimus or for slight offences or by persons of no sufficient authority for that purpose who were as I remember the greater part we discharged and the rest were sent to Ivelchester and other places The prisoners being thus disposed of I began to consider of such things as might best conduce to the maintenance of the Garrison for the payment of those Souldiers which the Lord Marquesse left me for making good the Garrison untill I had levyed Souldiers of my own And having no contribution at that time assigned me I was enforced to call upon the Town to proportion a rate for the collecting of the Fine afore-mentioned and agreed upon for a composition with the Marquesse upon his entry and for the receipt of which he gave me order upon his departure which is as followeth Ordered at Taunton the ninth day of June Anno Dom. 1643. IT is ordered that Sir John Stawell shall receive of the Inhabitants of this Towne of Taunton and the Parish of St. Somerset James the sum of eight thousand pounds being the sum set downe and imposed upon them by his Highnesse his Excellency and the councell of Warre And if it shall appeare unto him that any person or persons shall be overcharged with the said Taxe or payment in respect of their estates or quality the said Sir John Stawell hath power by this to Assesse any other man who is omitted and not already rated for the ease of such parties as shall have just cause to have reliefe HERTFORD Upon which I called upon the Towne for no make payment of the same in regard the necessity of my occasions did so require But they having as I found by their notes and Acquittances which they produced paid my Lord Marquesse the sum of 500 l. or neer thereabouts did excuse themselves as not able to raise any more at present so that I was constrained to take such payment as they would make and I did receive of them in all at severall times the sum of 500. l. more or thereabout as I remember which was to rest upon account yet before I could receive any I was constrained to commit some of them for which they likewise have brought their Actions Yet it is true that when the late King was come to the City of Bristoll shortly after his Forces had taken it he being acquainted with the sum of 8000. l. imposed upon Taunton did send unto me for to require 2000. l. of it and send it unto him with all speed whereupon I acquainted the Towne with it and they excusing themselves with the losse of Trade which was that they lived by did seeme very unwilling to raise any more above the 1000. l. already paid Insomuch that I according to my then duty to the late Kings commands did acquaint them that if they did not procure the money he sent for I must take some course with them of compulsion upon which they departed and did by the next morning collect the sum of 850. l. which was all that I could get or receive from them and this being short of what the late King was pleased to command I did borrow of one Mr. Porter a Scrivener upon my own account the sum of 100. l. for which I gave Bond and of Doctor Byham I had 50. l. more to make up the sum collected 1000. but in respect it did not answer the late Kings command I did my selfe in person carry that sum unto Bristoll and did acquaint the late King with the difficulty that I had in raising of that sum and with the present condition of the Towne and made that an excuse for the rest insomuch as when the late King was satisfied from me of their inability he was pleased to leave the remainder of the 8000. l. to my discretion so as to give such an abatement as I should think fit After which I continued in my command as I remember by the space of six moneths and although I had power and authority sufficient to have required the rest yet I was so friendly unto them that they paying their contribution in proportion with the rest of the Country I never pretended any occasion for the enforcement of the rest so that of the whole sum of 8000. l. imposed by my mediation to the King for his favor and my Kindenesse and good will to that Towne I saved unto them the sum of 6000. l. or thereabouts besides the 150. l. lent them of my own which is to this day unpaid for which they have made me since a very ill requitall for after that I had raised part of my Regiment which I was to raise by my Lord Marquesse his commission and had sent to the Army the 500. Foot which my Lord Marquesse had left me at my first taking the command of the Towne upon me and had supplyed that want with part of my own Regiment raised I received orders from the late King to send unto the Lord Paulet who then lay before Lime 100. of my Garrison Souldiers for his assistance and hereupon I gave order to Captaine Robert Clarke with his Officers and company to march accordingly but the Captaine not liking his march took occasion to goe to his own house not farre from the Towne so that by reason of his absence some of his Officers grew likewise out of temper which dangerous infection did at length spread through the whole company so that there was not a man but was tainted unlesse it was the Captaines brother who was his Lieutenant and a stout Gentleman who in his Captaines absence willingly took the command upon him and received orders accordingly but as I remember the morning that they were to begin their march the whole company did mutiny for want of a fortnights pay that was then behinde And in regard that such demands were unseasonably made at such a time as they were to performe their duty I did commit some of the Officers and Souldiers who were most faulty amongst whom was one Christopher Viccary and had an intent to have proceeded against
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
upon the Parliament and to judge their Actions For all which Causes and other apparent insufficiencies and imperfections in the said Petition contained the said Attorney General doth likewise demur in Law and doth demand judgment of the Couâ—â— if any further proceedings shall be had upon the said Petition as to the imprisonment of the said Sir John Stawell and the restitution unto him of his Estate so forfeited by him and sold and disposed of as aforesaid or any part thereof Delivered into the Court by Mr. Hurst the 10th of Novem. 1652. Edmund Prideaux Tho Widdrington Iohn Green Barth Hall Iohn Hurst A true Copy Tracy Pauncefote Registr To the Honourable the Commissioners for Releife upon Articles in time of Warre WHereas by your Orders of the sixth and tenth of Novem. instant the Trustees appointed by Act of parliament of the sixteenth of Iuly 1651. for Sale of Estates forfeited to the Common-wealth for Treason were to shew cause in writing why all further proceedings touching the Sale of Sir Iohn Stowells Estate if any thing remain to be done concerning the same should not be stayed till further order and direction from you In answer whereunto by their Counsell they return this for cause That by the aforesaid Act of Parliament the Estate of Sir John Stowell amongst others is declared and adjudged to be justly forfeited by him for his Treason against the Parliament People of England and is thereby vested and setled in the said Trustees and their heires in order to be sold for the benefit of the Common-wealth That accordingly and in pursuance of their trust they have sold all Sir John Stowells estate some part to the tennants themselves who thereby have drowned their estates other parts to others upon doubling their Publick faith Bills most of the Purchasers are in possession That this being done by Act and Authority of Parliament ought not as they humbly conceive to be questioned or reverst by any derivative Authority whatsoever And therefore the said Trustees do demurre in Law and pray the Judgement of this Court if this Court hath Jurisdiction or may hold Plea of this cause For Plea they say that by the last proviso in your Act power is given you to stay sale of estates of such persons as have not Articles confirmed by Parliament whereas the Articles which Sir John Stowell claimes benefit of are confirmed as in his Petition is alledged They further say for that it appeares that the first Act authorizing this Court to give relief upon Articles did determine the twentieth of June One thousand six hundred and fifty and that the Parliament of England by an Act passed the ninth of July following did direct the triall of Sir John Stowell by the High Court of Justice for Treason And also by the aforesaid Act of the 16th of July 1651. did adjudge his estate to be sold which Judgement is fully executed by the sale thereof according to the said Act. Therefore it shall be presumed the Parliament did the same upon most just grounds and the cause of their Judgment is not to be examined Nor is their said Judgement to be reversed or annulled but by immediate power authority of Parliament for all which causes the said Trustees by their Counsell doe demurre in Law and demand Judgement of the Court if any further proceedings shall be had therein Delivered by Master Graves 24to Nov. 1652. J.W. Rich. Graves Counsel for the said Trustees A true Copy Tracy Pauncefote Registr These Demurrers were solemnly argued before the said Court and overruled as appeares by this following Order at the making whereof 26. Commissioners were present Exchequer Chamber Westminster Friday the 31th of December 1652. By the Commissioners appointed for Reliefe upon Articles granted in time of War UPon large and deliberate debate of the Petition of Sir John Stawell prisoner in the Tower wherein he claims the benefit of the Articles made upon the surrender of Exeter and confirmed by Parliam contrary to which Articles as he alledgeth he hath not onely suffered a long Imprisonment and undergone severall tryals for his life but Judgments are obtained against him to a great value for things done in time of and in relation to the late War and before the date of the said Articles And his Estate since sold by the Trustees for sale of Lands forfeited for Treason Whereupon he praies reliefe having no way as he saith lost or forfeited the benefit of the said Articles unto which Petition severall Pleas and Demurrers have been put in by the Counsell for the Common-wealth and for the said Trustees the effect whereof is It appearing that the Parliament hath 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 judged to be confiscated for Treason Therefore to his Imprisonment and possession of his Estate it is pleaded that this Court could not take Cognizance of the Complaint or examine or give any reliefe thereupon which Pleas and Demurrers remaining upon record in this Court with the debates had thereupon The Court having taken into their serious consideration and the power and trust committed to them by the Parliament in and by their severall Acts for doing Justice in cases of this and the like nature after mature deliberation had and taken of the premisses are of opinion that the said Pleas and Demurrers which for present admit the state of the Fact to be such as in the Petition is declared do not contain in themselves sufficient matter to preclude this Court from proceeding in this cause and do therefore resolve and adjudge that the said Pleas and Demurrers be overruled and set aside And it is further ordered that Mr. Nuttley the Sollicitor attending this Court do acquaint the Councell for the Common-wealth and the said Trustees with this resolution to the end they may set forth such other cause as they have to alledge if there be any on the States behalfe by way of Plea or answer to the said Petition which the Court holds fit to be done and delivered into Court by or before Friday being the fourteenth day of this instant January that such further proceedings may be had in the said cause as shall appertain to Justice Tracy Pauncesote Register IN pursuance of this order the Councell for the Common-wealth and for the Trustees put in their several answers and also divers of the Purchasors and Replications put in by me thereunto the answers of the Common-wealth the Trustees and the severall purchasors were in these words The Answer of Edmund Prideaux Esquire Attorney Generall for the Common-wealth of England to the Petition of Sir John Stawell THe said Attorney Generall saving and reserving to himselfe now and at all times hereafter all and all manner of advantage by way of exception or otherwise to the uncertainties untruths and insufficiencies in the said Petition contained For answer thereunto saith that
he the said Attorney General knoweth not that the said Sir John Stawell was comprised within the Articles in and by his said Petition mentioned and alledged to have been made upon the surrender of the City of Exeter the eighth day of Aprill in the yeer of our Lord one thousand six hundred forty and six as in the Petition is set forth Nor that he the said Sir John Stawell was in the said City of Exeter at the time of such surrender thereof or that he was an Inhabitant within the said City seven moneths before the date of the said Articles and the said Attorney Generall further saith that if in truth he the said Sir John Stawell was so comprised within the said Articles as in and by the said Petition is alledged yet the said Attorney Generall knoweth not that he the said Sir Iohn Stawell did submit unto or make composition for his Estate according to the purport and true intent and meaning of the said Articles and as he ought to have done with this also that here the said Sir Iohn Stawell hath not well and truly performed such of the said Articles as on his part and behalfe were and ought to have been performed according to the tenor purport and true intent and meaning of the said Articles but hath wilfully broken and infringed the same whereby he hath through his own default forfeited and lost the benefit of the said Articles And further that since the time of the said Articles so granted as aforesaid he the said Sir Iohn Stawell hath been engaged in secret Counsels against the Parliament of England and hath done and committed other Acts subsequent to the date of the said Articles whereby he hath also lost and forfeited the benefit of the said Articles through his own default in case he was so comprised within them as in and by the said Petition is alledged And the said Attorney General further saith that by the said Sir John Stawels own shewing in and by his said Petition it doth appeare and the truth so is that he the said Sir Io Stawell after the making of the said Articles was committed by the Commons of England assembled in Parliament to the Prison of Newgate during their pleasure for high Treason in levying war against the Parliament And the said Attorney Generall further saith which also appeareth by the said Sir Iohn Stawels own shewing in and by his said Petition that by an Act of this present Parliament passed on the sixteenth day of Iuly 1651. the Estate of the said Sir John Stawell by the name of Sir John Stawell late of Cudderston in the County of Somerset Knight of the Bath amongst divers others was and is declared and adjudged to be by him and them forfeited for his and their Treasons against the Parliament and people of England as by the said Act relation being thereunto had appeareth And the said Attorney Generall further saith that the said Estate of the said Sir John Stawell so adjudged forfeited hath been since sold and disposed of in pursuance and by vertue and Authority of the said Act of Parliament And the said Attorney General further saith that the Parliament of England have not hitherto declared their pleasure as touching the Imprisonment of the said Sir John Stawell for the Treason aforesaid And the said Parliament having by the aforesaid Act in which all the people of England and their consents thereunto are involued and concluded adjudged the said Sir Iohn Stawell to have forfeited his Estate for high Treason as aforesaid and for that the same is forfeited and the said Judgment of Parliament now fully executed And the said Estate of the said Sir Iohn Stawell in fact sold and disposed of by vertue of and according to the said Act of Parliament as aforesaid The said Attorney Generall further saith that it neither can nor ought to bee supposed that the aforesaid Judgment is or hath been given in breach or violation of any Articles confirmed by Parliament in the observation or violation of which Articles the faith of the Army and the honour and justice of the English Nation are so highly concerned as by the Petition is set forth Neither hath the Parliament declared what the said Treason was nor when committed for which they have adjudged him the said Sir Iohn Stawell guilty and his Estate to be forfeited as aforesaid And the said Attorney Generall neither can or ought to undertake to ascertain the same Neither can this Court bee informed of the same without consulting the Parliament or untill their sense and pleasure be known therein without that that any other matter or thing in the said petition contained materiall or effectuall in the Law to be answered unto and not therein sufficiently answered unto confessed and avoided traversed or denied is true all which matters and things the said Attorney Generall is and will be ready to aver justifie maintain and prove as this honourable Court shall award And therefore humbly prayeth that the said Petition may be dismissed c. Delivered by Master Nutley January 28. 1652. Th. Widdrington Edm. Prideaux Barth Hall John Green The Answer of the Trustees appointed by Act of Parliament for sale of Delinquents Estates to the Petition of Sir John Stawell THe said Trustees saving and reserving to themselves now and at all times hereafter all and all manner of Advantages by way of Exception or otherwise to the uncertainties and Insufficiences in the said Petition contained for a clear and full Answer to the said Petition say that by Act of Parliament of the sixteenth of July One thousand six hundred fifty one The Estate of the said Sir Iohn Stawell amongst others is therein mentioned to have been and is thereby declared and adjudged to be justly forfeited by him for his Treason against the Parliament and People of England That by the said Act of Parliament his Estate is vested and settled in the said Trustees their Heires and Assignes upon trust and confidence to sell and convey the same as in and by the said Act is directed limited and appointed That upon the security of the said Sir Iohn Stawells Lands and other the Traytors Lands by the said Act appointed to be sold The said Act doth direct that the summe of two hundred and fifty thousand pounds should be borrowed for the necessary carrying on the service of this Common-wealth That for the encouragement of such persons who should be the Purchasors of the said Lands or any part thereof It is further enacted that they their Heires and Assignes shall have and enjoy the Lands which shall by them be so purchased discharged of all Trusts and accompts whereunto the said Trustees are or may be lyable by the said Act and all other claimes and demands whatsoever That in pursuance of the said Act and according to the Trust thereby reposed in the said Trustees They have sold to severall persons all Sir Iohn Stawells Estate And they are confident and
severall petitions to the Committee constituted for the receiving of petitions which follow in these words To the Honourable the Committee for Petitions The humble Petition and Representation of the Trustees for sale of lands forfeited for Treason Sheweth THat by Act of Parliament bearing date the sixteenth of July 1651. Sir John Stawell and other Delinquents therein mentioned were adjudged and declared Traytors and their Estates forfeited by them for their severall Treasons against the Parliament and people of England and the said Estates were by the said Act vested and setled in us as Trustees for the sale thereof to the use and benefit of the Commonwealth And whereas we have according to the trust reposed in us made sales of the said Estates and thereby raised very considerable sums of money which have been and are daily disposed of for the Navy and other publique uses And whereas divers of the said purchasers doe come daily unto us with complaints that they are interrupted by Sir John Stawell his Agents in the quiet enjoyment of their Estates so by them purchased according to the Law And whereas the late Parliament upon a petition made unto them by divers of the said purchasers a copy whereof is hereunto annexed did upon the 24 of February last make an Order and a Resolve in the case a copy whereof is hereunto annexed And notwithstanding which Order and Resolve we are certainly informed that the Commissioners appointed to give reliefe upon Articles of Warre have since proceeded in the case of Sir John Stawell and are ready to give judgement against the Common-wealth We therefore humbly pray your Honours to review the annexed petition and vote of Parliament and that the same may he forthwith presented to the consideration of the Parliament together with your opinions therein to doe as shall seem meet to their grave judgements and wisdomes and so the honour and credit of Acts of Parliament may be preserved and the purchasers setled in their undoubted rights and your petitioners encouraged in the execution of their trust And your petitioners shall pray c. Arthur Samuel Samuel Goodkin William Robinson William Skinner William Lisle Houry Sealy Mat. Valentine To the supream Authority of this Nation the PARLIAMENT of ENGLAND The humble petition of severall Purchasers of the late Estate of Sir John Stawell on the behalfe of themselves and other purchasers of the same Estate Sheweth THat your petitioners esteeming Acts of Parliament the highest Law and greatest security to rely upon did purchase severall parcels of Sir John Stawels Estate not imagining any derivative power from you would or could question why you exposed it to sale Notwithstanding which your petitioners are daily summoned up to shew cause why Sir Iohn should not have his lands according to Articles of warre And although the Councell for the Commonwealth on their behalfes have demurred in law yet is the same overruled and your petitioners left in a strange uncertaine undone condition unlesse relieved by your justice That your petitioners have incurred great Debts for their respective purchases and some of them being Tenants have drowned their mean estates by purchasing the Fee and through their constant adhearing to the Parliament have exposed themselves to the mercy of an inveterate implacable enemy Your petitioners therefore humbly pray your speedy consideration of the premises and the engagement of your own honour and justice therein that so your petitioners may peaceably enjoy their Estates according to their severall purchases And they shall pray c. Upon which the Committee ordered that Colonel Rous should report the said petitions to the house which Order is thus Tuesday the 2 of August 1653. At the Committee for receiving Petitions VPon reading the petition of severall purchasers of the late Estate of Sir Iohn Stawell on the behalfe of themselves and others the purchasers of the same Estate Together with the petition and Representation of the Trustees for sale of Lands forfeited for Treason and upon serious debate and consideration had thereupon It is ordered that Colonel Rous who had the chaire of this Committee doe with all convenient speed report the said petition to the Parliament and withall offer it as the sence of this Committee That the purchasers ought to have and enjoy their severall purchases according to their severall contracts And in case that Sir John Stawell shall be found within and ought to have the benefit of Articles of war the Parliament may be pleased to give him satisfaction which they humbly submit to the consideration of the House This Report being made it pleased the Parliament to make these Resolves Munday the 8 of August 1653. COlonel Rous reports from the Committee for petitions the humble petition of severall purchasers of the late Estate of Sir Iohn Stawell on the behalfe of themselves and other purchasers of the same Estate and the severall Votes of Parliament of the 24 of February 1652. which were now read Resolved by the Parliament That this businesse be taken into consideration on Friday next Ordered by the Parliament That it be referred to the Committee for petitions to take care that there be good Councell for the Commonwealth to attend the commissioners for Articles Hen. Scobell Cler. Parliament After which Resolve viz. the 22 of August 1653. abovementioned the Court of Articles 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 John 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 Garison of Exeter bearing date the eighth of April 1646. and afterwards confirmed by Parliament By the 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 un happy 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 endevor 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 enjoy 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 comprised within the said Articles but onely such as should binde all persons