Composition Lastly though principally intended he humbly praies that himselfe together with his two Sons John Stawell and Edward Stawell may be restored to your favours and good opinions having not acted any thing to your disservice since the date of the said Articles And however though some unhappy mistakings when he first preferred his Petition for Composition have been the occasion of all his sufferings yet he hopes the effects of them will not be permitted in your wisdome and Iustice absolutely to ruine him And your Petitioner shall ever pray c. John Stawell THe 29th of September 1652. an Act was printed and published entitled an Act for renewing of a former Act for reliefe of persons upon Articles and Commissioners nominated therein for that purpose At the time of the passing of this Act there were tendred two Provisoes the one of the 28th of September 1652. the other the day following which were in these words Tuesday the 28th September 1652. An Act for reviving a former Act for reliefe of persons upon Articles was this day read the third time A Proviso was tendred to this Act in these words viz. Provided that this Act or any thing therein contained shall not extend nor be construed to extend to prejudice alter or make void any resolution votes or judgments given in the Parliament touching any the Articles aforesaid or any persons claiming thereby Which Proviso was read the first and second time and the Question being put that this Proviso be part of this Act it passed in the Negative Resolved that the Proviso be rejected Vera Copia Henry Scobell Clerk of the Parliament Wednesday the 29th of September 1652 The house resumed the debate upon the Bill for reviving the former Act for reliefe of persons upon Articles ANother Proviso was tendred to this Bill in these words Provided alwaies and be it hereby enacted and declared that no reall or personall Estate which hath been setled conveyed or assured to any person or persons by vertue of any Act Ordinance or Order of this present Parliament shall be made null vacated or otherwise determined or disposed of by the Commissioners named in this Act or by their Authority but that if they shall see cause of restitution by vertue of Articles subject unto their Cognizance they make a Ward not in Specie against the particular person or persons upon whom such Estate or Estates be setled conveyed or assured but in value to be satisfied by such other Lands or Revenew as the Parliament shall direct any thing in this Act or the former which is hereby revived to the contrary notwithstanding And the Question being put that the Proviso be read a second time It passed with the Negative Vera Copia Henry Scobell Clerk of the Parliament BUt these Provisoes tending to the limitation of that benefit which the house was most honourably pleased to grant and allow to such persons as should claim reliefe by Articles were both rejected And it was resolved upon the Question in the Negative which I humbly pray may be specially observed The 14th of October following I exhibited my Petition to the said Court which followeth in these words To the Honourable the Commissioners for reliefe upon Articles of War The humble Petition of Sir John Stawell Prisoner in the Tower Sheweth THat he was in the Garrison of the City of Exeter and was comprised in the Articles made the 8th of April 1646. and afterwards confirmed by the Parliament for the surrender of the same That by the 12th of the said Articles it was agreed that no person comprised in the said Articles excepting those who were by name excepted by Parliament from pardon and composition under which exception he was not shall be questioned or accomptable for any Act passed by them done or any other done by their procurement relating unto the unhappy differences betwixt the late King and the Parliament they submitting themselves to reasonable and moderate Composition for their estates which the then Generall Sir Thomas Fairfax was really to endeavour with the Parliament that it should not exceed two years value of any mans reall 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 5th or 20th part or any other Taxes or Impositions except what should hereafter be charged upon them in common with other Subjects by authority of Parliament That by the 21th 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 shall binde all persons aforesaid not to beare Armes or Act against the Parliament of England sitting at Westminster or willfully doe any Act prejudiciall to their affaires whilest they remain in their Quarters That he had a Certificate under the hand and scale of the then General dated the 14th day of April 1646. signifying that he was in the said City at the time of the surrendring thereof and was to have the benefit of those Articles That upon the 15th day of July 1646. he came to the City of London to make his Composition and according to an Order of Parliament of the 2d of July 1646. repaired to the Committee of the Militia of London within the time limited by the said Order and before them undertook by a subscription under his hand not to beare Armes or act against the Parliament as by that Order and the intention of the said 21th Article was required That upon the 24th of the same moneth of July he preferred his Petition in person to the Committee of Gold-Smiths Hall for compounding with Delinquents desiring to be admitted to his Composition according to the said Articles But was not admitted thereunto in regard he refused to take the Covenant and Negative Oath And on the 13th day of August 1646. was by Order of the said Committee for such his refusall only committed to the custody of the Sergeant at Armes and kept prisoner in Ely House And on the 18th day of the same August being sent for as a Delinquent before the House of Commons was from thence committed to the prison of Newgate during the pleasure of the House for high Treason and levying of war against the Parliament where he continued prisoner almost for the space of four years before his removall to the Tower That during his Imprisonment in Newgate he hath been indicted several times for Treason and other crimes and two several mornings arraigned for his life at the then Kings Bench Barr And many Actions have been prosecuted against him and Iudgments had upon divers of them to the value of neer 7000 l. in damages And all these for Acts done by him relating to the late unhappy differences betwixt the late king and the Parliament and before the date of the said Articles That
I did not conceive but that all such who were concerned would have rested in it But after all this I finde the endeavours of the Trustees and severall Purchasers of my Estate do tend directly to render my proceedings for the gaining of my right unsuccesfull for upon the 29th of August seven daies after this Judgment the Parliament resumed the debate of the Purchasors Petition and Representation of the Trustees and did resolve as followeth Monday the 29th August 1653. THe house took up the former debate upon the Petition of the Purchasers of the Estate of Sir John Stawell The humble Petition and Representation of the Trustees for sale of Lands and Estates forfeited to the Common-wealth for Treason was this day read Resolved Bâ— the Parliament that this Petition of the Purchasers of Sir Iohn Stawells Estate be referred back to the same Committee to consider what is fit to be done for the reliefe of the Petitioners and report to the house withall speed Henry Scobell Clerk of the Parliament Hereupon Mr. Pauncefote the Register of the Court of Articles was commanded to attend the said Committee with the Judgment of that Court together with the severall Acts of Parliament constituting that Court and all the pleadings and proceedings which had passed in my Cause UPon which reference of the House to the Committee to consider what was fit to be done for the reliefe of the Purchasers it seemes they have thought fit to report that the Purchasers of my Estate ought to enjoy it And upon that report you have been pleased to make this Resolve Tuesday the 15th of September 1653. Resolved THat this House doth agree with this Report of the Committee that the Purchasers of Sir John Stawells Estate shall quietly possesse and enjoy the same according to their severall Contracts made with the Trustees Henry Scobell Clerk of the Parliament From this it may appeare that the Committee for receiving of Petitions not pursuing as I humbly conceive the intention of the order of Reference which did refer to their considerations after I had the Judgment of the Court of Articles for part of my Estate what was fit to be done for the reliefe of the Petitioners they did resume the matter which formerly they had offered and instead of proposing a way how the Purchasers should be relieved it was reported as a thing agreeable to their Iudgments that their Estates should be confirmed upon report of which as their sense and opinion it hath pleased the Parliament to make the last mentioned Resolve This being shortly my case and surely my ruine if by your favour not prevented I beseech you in the next place to consider what power you have reserved unto your selves by the expresse words of the Act of sale of the sixteenth of July 1651. fol. 1373. and how the Trustees stand limited in the execution of their Trust the words are these Nevertheless upon trust and confidence that the said William Skinner and others the persons above named or any five or more of them shal have hold and enjoy all and singular the Premisses and every of them meaning the Lands and Estates of the persons in the Act named of which I am one subject unto such trusts and uses as by this Act or in and by Authority of Parliament shall be hereafter further directed and appointed and shall dispose of the same accordingly The reason of this Clause and Limitation I humbly conceive to be for that the Parliament having confirmed and ratified divers Articles and Conditions granted in time of war to the making good of which their Honour and Justice as well as the faith of the Army and Nation was eminently concerned and for that at the time when this Act did passe they neither did nor could possibly take notice of such as had right or claim to the same they reserved unto themselves this power and did provide that the Trustees should order and dispose of the same accordingly And by their Act of the 29th of September 1652. for reviving of the Act of the 18th of June 1649. which upon just and honourable grounds gave reliefe to all such persons who are or shall bee arrested sued impleaded imprisoned or sequestred contrary to any Articles given or granted c. a Court for that purpose being constituted to do right in all the particulars of both the said Acts according to the tenor and meaning of Articles any Law Order or Ordinance to the contrary notwithstanding By which Act and Declaration the Parliament doth make use of their former power expresly reserved unto them And if any mans estate or part thereof be sold contrary to the Right of Articles it is no wrong unto the Purchasers if it be by Judgement restored to the right Owner for the Decree or Judgment that shall so restore it is given by Authority of Parliament and is in order to the Power in the Act of sale reserved unto the Parliament so to do And the Purchasers have no cause to complain so as recompence be assigned unto them for that their bargaines and contracts made with them could not be absolute and direct in regard the said clause of Limitation had debarred the Trustees themselves from whom they clayme in the case of Articles from any such absolute estate And therefore it seemes that some of them taking notice of this reserved power upon passing the Act of Revivour preferred the two Provisoes afore-mentioned to the Parliament That that Act which was then to passe should not extend or be construed to extend to prejudice alter or make void any Resolution Vote or Judgement given in Parliament touching any the Articles aforesaid or any person claiming thereby As also that no Reall or Personall Estate which hath been settled conveyed or assured to any person or persons by vertue of any Act Order or Ordinance of the then Parliament should be made null vacated or otherwise determined or disposed of by the Commissioners named in that Act or by their Authority c. But the Parliament reflecting upon their Honour in the case of Articles upon the question rejected both the Provisoes And whereas if they had been approved I had been ruin'd and undone so by the same reason being rejected I may with the help of your favour and justice be preserved and restored to what is properly and of right belonging unto me Thus in all humbleness I have Remonstrated and faithfully declared unto you to the best of my remembrance by what meanes I came to take up Armes in the behalf of the late KING in those most unhappy distractions my Judgment at that time being satisfied of the KINGS reall intentions and unfeigned constancy thereunto for the sure establishment of Religion and the Lawes the safety and wellfare of the People as also to declare how and in what manner I proceeded during all the time of my service and imployment And upon what Termes Articles and Concessions I ceased from further action on the KINGS Part
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
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
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
about half an hour after I was called for and none admitted who were without to come along with me When I came in I tendered my Petition to the Committee and put it into Mr Ash his hands who when he had read it threw it down upon the Table and said that it was a Remonstrance and not a Petition and put it from him with his hand towards me as far as he could reach for me to receive it again whereupon I told him that I had brought that for him and for my self I had a copy and so left it there upon the Table He told me that I must confess my Delinquency before I could be admitted to Composition I told him that I came thither to compound for my Estate and not to confess Delinquency for that my Articles did require no such thing and that by them my Delinquency was remitted I did withall tell him that I had born Arms for the King and that I did so by his command and I said by his command not that I stood upon my justification but to entitle me to the Articles of Exeter which do excuse me for acts done relating unto the unhappy Differences Then he asked me if I had taken the Negative Oath and Covenant I told him no whereupon he told me that before I could be admitted to Composition I must take them both I replyed that by my Articles I was freed from taking of any Oaths and I well remember that pressing upon me to take those Oaths and to acknowledge in my Petition my Delinquency I made him at last this Answer Mr Ash I have known you long and my good Friend and do desire to preserve you so and for these Gentlemen that are of the Parliament for I did not know then but that they had been so there was very great reason that my judgment and opinion should subscribe unto theirs but as for my Estate it was my servant and I had a power to command it but my Conscience was my master and had power to command me and to it I must yield obedience and since those Oaths which you offer me are contrary to my Articles and repugnant to those which formerly I have taken I desire you will excuse me if I refuse them Whereupon Mr Ash willed me to withdraw And being called for again Mr Ash told me that I was but lately come to Town and it might be that I had not taken notice of the Negative Oath and Covenant and therefore they would afford me some time to consider of it but my Answer was that I did not desire any time to consider of what was a Right which did belong unto me by my Articles and of which if I should accept and make them the same Answer now I do they would say that by the acceptation of time I had abused their expectations which I was unwilling to do Hereupon I was willed to withdraw and did again attend without the door until the Committee rose not knowing whether they might have any thing more to say unto me but at that time heard nothing more from them nor at any time after until April 12. following at which time I received a Ticket from a messenger sent unto me which was to appear the next day at Goldsmiths-Hall at two of the clock in the afternoon I did then appear and I well remember that when I came into the room where the Committee sat Mr Ash had left the Chair unto Mr John Stephens and then told Mr Stephens that I had been formerly before them and had prefered a Petition desiring to be admitted unto my Composition but that I had refused both to confess my Delinquency by my Petition and to take the Negative Oath and Covenant and that the Committee had given me time till then to consider of it Whereupon Mr Stephens asked me what I did say to it I made him this Answer That there was nothing in what Mr Ash had delivered which had the nature of a question to me but was spoken to inform him who was not there the day before whereunto Mr Stephens replyed Say you so Then Sir by your leave I will put you a short question Will you take the Negative Oath and Covenant or no To which I answered that usually Sir to a short question I do return a short answer but Sir I shall not do so unto you but make you the same Answer which I made unto the Committee the last time I was here That I have the benefit of the Articles of Exeter which do exempt me from taking of Oaths and in regard they are not agreeable to such Oaths as I have formerly taken I desire to be excused And this was all that did at that time pass betwixt us And hereupon they willed me to withdraw and about half an hour after two of their messengers came to me as I was sitting without the door and shewed me a Mittimus directed to the Sergeant at Arms which followeth in these words By the Committee for compounding with Delinquents c. 13 Aug 1646. WHereas Sir John Stawell Knight of the Bath was summoned to appeare before this Committee and there demanded whether he would take the Covenant and Negative Oath and he absolutely refused to take either of them These are therefore by vertue of the Ordinances of Parliament of the fifth of Aprill 1645. and of the first of November 1645. to require you to take into your custody the person of the said Sir John Stawell for his said refusall and him safely to keep till he conform himselfe thereunto and for so doing this shall be your Warrant To the Serjeant of the House of Commons or his Deputy AFter I had seen and read the Mittimus and found my selfe a prisoner I desired to speak again with the Committee and one of the Messengers signifying so much unto them I was admitted and spake unto them to this effect Gentlemen I finde by your Mittimus that you have made me a prisoner I had very little before left me but my liberty my reall Estate having been under sequestration for a long time and my personall little more then what you see As long as I had my liberty I did communicate my wants unto my friends and I have been helpt and relieved by them But now that you have taken my liberty from me I desire you to consider of some maintenance that may be necessary for me Vnto which Mr. Stephens made answer that my request was very just and reasonable and that there should be consideration had of it and Mr. Ash told me that though Mr. Stephens should forget it he would not and so with my thanks unto them for that promise I left them In all which severall times both of my first and second coming before them my behaviour was no otherwise then might become a modest man and persons of their place and quality as is testified hereafter by the testimony of Gentlemen of honour and worth of the
and that by those Articles I was to have had my person freed and unmolested and my Estate restored upon a moderate Composition which now at length by your Judgment as is aforesaid and Decrees grounded upon your Lawes and Acts of Parliament are awarded unto mee And I am very confident that had it not been for the ill Offices of some particular persons begot by a designed prejudicie and nursed by the heat of their passions against me I should long ago have been set at liberty from a tedious Imprisonment and have been in the actuall possession of my Estate by the Justice of the late Parliament to whom I cannot impute any Injustice or report any thing that is dishonourable But since they were but men and by the necessity of their humanity they were enforced to take reports from others of such matters as were Acted at a distance from them and perhaps by such though altogether unknown to them as might so present things as their private interest might lead them by which means my Right hath been much retarded so in like manner I make it no question that when you who are their Honourable Successors shall be truly informed of the state of my condition having cast your cies upon this Narrative where you may perceive upon the whole deduction that notwithstanding the utmost diligence and disquisition that either the malice or interest of my Adversaries could promote and project against me for my ruine and destruction I have had the Judgement and resolution of two great and honourable Courts the one for the safety of my life and the other for the restitution of my estate which Judgments considering the ability and integrity of the persons gravity equanimity of their proceedings in their pleadings debates and consultations I hope are fully satisfactory And the rather because the result of them is but the affording of me that Justice which is so eminently grounded upon that indisputable law of Nature without which the foundation of no government whatsoever can be sure or lasting the law of Contracts being reciprocally the obligation of protection from the supreme Power and subjection in the People who ought to obey and that aswell in military as civil Order which the noble Army taking into their serious consideration have made it by publick Petition to the late Parliament of Aug. 12.1652 one of the weighty Clauses of their requests viz. That the Articles of War made unto the Enemy may be made good according to the intent of them Which Petition by Order of the Councell of Warre was presented by six honorable Officers of the Army and had a very favourable and gracious Answer Now forasmuch as there doth not appeare by any proof against me though no stone hath been left unturned under which any thing might be found for that purpose that I am in the least guilty of any Act tending to the non-performance of all such things as on my part I was bound unto by the said Articles either at the time of the rendition of the said city of Exeter nor that I have acted any thing since contrary to my subscription made at Guild-Hall I do make it my humble sute that the Justice and Honour of the Parliament and Nation and the Faith of the Army may be made good unto mee in restoring of me to the benefit of my Articles the afore-mentioned Judgement and such further right and Justice as is extended unto me by the severall Acts of Parliament established for my relief And as it is my humble and frequent prayer to that great God who hath for many yeares miraculously fed me to bestow upon me my dayly bread so let it not I beseech you be a thing displeasing unto you if I pray in a time when neither Estate or Credit is left me for so timely a consideration hereof as may stand with the rest of your weighty affaires John Stawell FINIS