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
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
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
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
in July 1650. he was by Order of the High Court of Iustice removed from Newgate to the Tower of London and there kept in close custody for some moneths And on the 17th day of December 1650. and divers dayes after brought before the said High Court and tryed for his life and after many dayes tryal the examination of several Witnesses and a very strict search and enquiry into all actions and the performance of the Articles on his part the said High Court did not think fit to proceed to sentence but to certifie the Parliament of their proceedings as by the Copy of the said Certificate hereunto annexed may appeare That ever since the said Tryal he hath continued prisoner in the Tower and from the time of granting the said Articles being almost seven years since his estate hath been kept under Sequestration whereby and by the encrease of his Debts the waste and felling of his Woods and Tymber and spoyling his Houses and the taking away of all that little that the War had left him and which was by the said Articles preserved unto him He hath suffered the losse of neere 30000 l. in his estate out of which he hath not been allowed any thing towards his subsistance besides what he hath suffered by a sad and tedious Imprisonment and hazard of his life by the aforesaid Indictments and Prosecutions That by an Act of Parliament passed on the 16th of July 1651. his Estate amongst divers others was declared and adjudged to be forfeited by him for Treason against the Parliament and the same hath been since sold accordingly That he hath not neither any of his sonnes or Servants have since the granting of the said Articles taken up Armes or otherwise been engaged in any Act of hostility against the Parliament neither hath he by any default of his forfeited or lost the benefit of the said Articles or Conditions granted unto him but hath in all things within his power conformed to the said Articles by submitting to Composition in due time and by a subscription and Engagement not to bear Armes or Act against the Parliament Wherefore your Petitioner humbly prayes that you will be pleased to cast your eves upon the annexed Certificate of the High Court of Justice attested under Master Scobells hand And that as by the blessing of God the Justice of that Honourable Court the benefit of the said Articles his life hath been hither unto preserved so the Liberty of his person and the possession of his estate may be granted unto him discharged of such Judgements Sales Executions or Incumbrances as are contrary to the intent and true meaning of the said Articles And also that by the mediation of your favours he may enjoy his Estate free from Composition in regard that the profits of his Lands the benefit made of his Wood and Timber and much of his other Losses have been received and imploied to the use of the Common-wealth almost seven years since his Petition for Composition was preferred which farre exceeds two years value of his Estate which was the utmost penalty the said Articles charged on him for a Composition And if this his humble request shall not finde favour in your sight Then he further prayes that he may receive from this Honourable Committee such justice and right as shall be agreeable to his Articles and the several Acts of Parliament established for his reliefe And your Petitioner shall c. To this Petition the Counsell for the Common-wealth attending the said Court and the Counsell for the Trustees for Sale of Delinquents Lands put in their severall Demurrers which follow in these words The Plea and Demurrer of Edmund Prideaux Esquire Attorney Generall for the Common-wealth of England to the Petition of Sir John Stawell THe said Attorney Generall not confessing any the matters in the said Petition contained to be true in such manner and forme as the same are therein set forth The whole Scope of the said Petition of the said Sir John Stawell being to seek releife upon the Articles made the eighth of April 1646. upon the Surrender of Exeter within which Articles as by the said Petition is supposed he the said Sir John Stawell was and is comprised as to the Liberty of his Person and Possession of his Estate for Plea thereunto saith That inasmuch as in and by the said Petition it doth appeare that he the said Sir John Stawell was committed by the House of Commons thereby meaning as is conceived the Commons of England assembled in Parlia to the Prison of Newgate during the pleasure of the House therby again meaning as is also conceived the said Commons of England assembled in Parliament for High Treason in levying war against the Parliament And for that it also appeareth in and by the said Petition That by an Act of Parliament passed the sixteenth day of July 1651. The Estate of the said Sir John Stawell amongst divers others was declared and adjudged to be by him forfeited for High Treason against the Parliament And the said Estate so adjudged forfeited hath been since sold and disposed of in pursuance and by vertue and authority of the said Act of Parliament Thereupon the said Attorney Generall doth demurre in Law upon the said Petition and doth demand the judgement of this Court if this Court hath Jurisdiction or may or ought to hold Plea or take conusance of the said matters in the said Petition contained And the rather for that it doth not appear in or by the said Petition that the said Commons of England assembled in Parliament have declared their pleasure as touching the imprisonment of the said Sir John Stawell for the Treason aforesaid And the Parliament of England having by the aforesaid Act in which all the people of England and their consents thereunto are involved and included adjudged the said Sir John Stawell to have forfeited his Estate for High Treason and for that the same is forfeited as aforesaid And the said Judgement being now fully executed and the Estate of the said Sir John Stawell in fact sold and disposed of by and according to the said Act of Parliament The said Attorney Generall further saith That no Subordinate or Delegated Court or Authority whatsoever hath power to examine the cause of the aforesaid Judgement Nor is the said Judgement to be reversed or annulled but by immediate power and authority of Parliament and is not nor can be transmitted to any other Judicature whatsoever Nor can nor ought it to be supposed that the aforesaid Judgement 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 Honour and Justice of the Nation of England is so highly concerned Neither ought this Court as the Attorney Generall humbly offereth to admit the aforesaid Act of Parliament and the proceedings thereupon had to be drawne into examination for that were to sit in Judgement
concluded that some of the Commissioners namely the now Lord Paulet Mr. John Digby Sir Francis Hauley Mr. Windham and my selfe who were best acquainted with the Country should with some horse move towards them upon which we went from Wells and not farre from thence we had intelligence that some of the Trained Bands of the Country were in a body under the command of Captaine Preston comming towards a place called Marshalls Elme whereupon we went towards them and when we came within view of them after some consultation amongst our selves we thought it fit to deal friendly and civilly with our Neighbours and Country-men and that our good inclination to preserve the peace of the Country might the better appeare we sent a Gentleman unto them to pray a capitulation and Parley lest that upon dislikes grounded upon misapprehensions we might unhappily come to blowes Hereupon foure of the Commissioners of whom I was one met with Mr. Pine Mr. Sandys Captaine Preston as I remember and one more in an indifferent place betwixt the Forces on both sides and it was the pleasure of the Gentlemen then with me that I should speake to Mr. Pyne and the rest to this purpose That the Lord Marquesse Hertford the Kings Lieutenant did much wonder that his comming into that Country should be understood to be rather in the nature of an Enemy then a Friend That he was come with the Kings Commission to command the Militia of that County and to settle the peace thereof And forasmuch as he heares that you have put your selves into Armes and are comming towards him for which he understands not well the occasion He hath commanded us to let you know that if you thinke fit to send some Gentlemen unto him and in the meane time to retreat to Somerton and there to attend the returne of such as you shall so send We doe promise you as we are Gentlemen those whom you shall thinke fit so to imploy shall have free liberty both to come and returne at their pleasures and a friendly reception while they are there And that we would joyne with them in the promoting of any thing which might stand with his Lordships honour and trust to grant and might be for the peace and welfare of the Country Mr. Pine replyed That he would make the Gentlemen acquainted with what I had delivered and that we should receive an answer which accordingly was sent unto us by Mr. Emanuell Sandys to this effect That they with their companies as they made their appearance did resolve that night to march to Glasenbury And accordingly they began to match up the Hill which was an advance towards us being directly in their way and made many shots first at us and did wound a Gentleman and killed his horse under him which we perceiving in our owne defence put our selves into such a posture as might secure us and upon that began the unhappy engagement in which there was one Osborne killed some others were hurt and some taken prisoners amongst which was Captaine Preston and Mr. Sandys to whose certificate hereafter mentioned I crave leave to referre you In this skirmish one Nicholas Ward a Drummer had many wounds by some of the Troopers who made pursuance after him and some others who had fled into the Corne to save themselves at which time I my selfe and some of the Kings Commanders then present were doing our utmost endeavours to stop our horse from further prosecution of Mr. Pyne and others of that party who were fled Yet this imployment of mine at some distance of place from that where it seemes the Drummer was hurt hath not been sufficient enough to cleer me from the loud and false aspersions of some who uncâ—ssantly made it their businesse against me that I with my own bloudy hands and in cold bloud did carbonade as they call it that Drummer Whereas I doe protest before the Almighty God that I did not cut or draw bloud on any man that day but made it my care to preserve any of that party and to rescue as many as I saw any violence offered unto and to such Gentlemen as were taken prisoners and had suffered by the Souldiery I shewed all the civillity that possibly lay in my power of which some of them have made very honourable testimonies and acknowledgements as by the said Certificate under the said Mr. Sandys his hand to doe me Justice directed to the Honourable Commissioners for Articles together with the Depositions of the Lord Paulet and some others hereafter mentioned may appeare But Ward the Drummer having once sworne and obtained a Judgement at Law for the dammages of a hundred pounds and upwards against me findes himselfe now bound to make good this shamelesse untruth being obliged to secure one mischiefe by acting of another And therefore being made a Defendant to my Petition exhibited to the Honourable Court of Articles in regard of his Judgement so obtained he did upon his appearance together with one Cady preferre a most scandalous and false Petition against me to that Court which followeth in these words To the Right Honourable the Commissioners appointed by Act of Parliament to give reliefe to persons upon Articles made in time of Warre The Humble Petition of William Cady of Taunton and Nicholas Ward of Chard in the County of Somerset together with their answers to so much of the Petition of Sir John Stawell exhibited to your Honours as concernes them Sheweth THat they have faithfully served the Parliament from the first beginning of the troubles against the publike enemy with the expence of their bloud and estates and particularly opposed Sir John Stawell and his bloudy adherents Wherein your Petitioners besides the losse and plunder of their estates by that party have received wounds and Mayhemes in their bodies whereby they are utterly disabled to worke at their Trades your Petitioner Cady having lost three sonnes in the Parliaments service who were the staffe of his age and himselfe fourteen moneths imprisoned in a loathsome Goale where he was laid in Irons by the immediate command of Sir John Stawell for no other cause but his faithfulnesse to the Parliament And your Petitioner Ward for the same cause had his nose and one of his fingers cut off and one of his eyes was cut out by Sir John Stawells owne cruell hand and that in cold bloud your said Petitioner Ward being unarmed and all without any provocation on the Petitioners part whereby they are both of them utterly undone with their wives and children That they heretofore brought their severall Actions against Sir John Stawell wherein they have Judgements against him namely your Petitioner Cady hath a Judgement against Sir John Stawell for 212 l. And your Petitioner Ward hath a Judgement against him for 107. l. 10. s. which Judgements are so farre from proving a benefit to them that they are an addition to their misery for they have spent as much money by their Judgements and
me he told me that he did for that I had told him that the purchase did stand me but in 8000 l. I told him that it stood me upon the point of 9000 l. ready money But now I understand from whence all my troubles do arise and of those commandments which God had made he that did break the least did break them all and therefore in coveting what did belong to another he was a very great sinner But I told him that herein I would befriend him that however he might covet Aubury yet I would promise him he should never have it whereupon Mr. Ash replyed nay you were best to say that I spake to you for Aubury if you do I protest I will deny it unto which I replyed Sir be assured that if I shall think fit at any time to charge you with it I will aver it with so much considence and truth that you shall not dare to deny it then he said unto me Sir I perceive you grow angry and it is time to leave you and so went as I suppose into the house and within a quarter of an houre after I was called to the Bar which was upon the 18th day of August 1646. And being commanded to kneele I prayed that before I received any mark of their displeasure I might know my offence and was thereupon committed to Newgate and prosecution was ordered to be made against me at the next Assises in Somersetshire in the years 1647. 1648. and afterwards at the Upper Bench as by these following Resolves and the Order for my Commitment appears Die Martis 18. Augusti 1646. Sir John Stawell being brought by the Serjeant to the Bar and by Master Speaker commanded to kneel refused desiring first to be informed what was his offence He was thereupon commanded presently to withdraw Resolved THat Sir John Stawell be forthwith committed prisoner to Newgate for High Treason for levying War against the Parliament Ordered that the Sheriffs of London and Middlesex be required to take special care That Sir John Stawell committed by warrant of this House Prisoner to Newgate for high Treason for levying war against the Parliament be kept in sure and safe custody Upon which Order a Mittimus was drawn up under the Speakers hand which followeth in these words BY Vertue of an Order of the House of Commons These are to require you to receive from the Serjeant at Arms or his Deputy the Body of Sir John Stawell Knight of the Bath into the Prison of Newgate in London and him there to deteine in safe Custody as your Prisoner until the pleasure of the House be signified to you to the contrary He being committed for High Treason for levying War against the Parliament And for so doing this shall be your warrant dated 18. Augusti 1646. William Lenthall Speaker To the Keeper of the Prison of Newgate in London Ordered THat Master Palmer Master Walker Master Harrington Master Serle Sir Thomas Wroth Master Blague and Colonel Popham or any two of them doe take care that there be a Prosecution and an Indictment prepared against Sir John Stawell at the next Assises to be holden for the County of Somerset for High Treason for his levying War against the King Parliament and Kingdome of England Die Lunae 28 Feb. 1947. Ordered THat Master Maynard and Master Hill doe take care of the Indictment against Sir John Stawell at the next Assizes for Somerset Die Mercurii 14. Martii 1648. REsolved by the Parliament That Sir John Stawell Knight be proceeded against for life in the Vpper Bench. Hen. Scobell Cler. Parliamenti And now having nothing left me to save either life or estate but by way of Petition to make my cause knowne unto the Parliament and having told Master Ash when I came out from the Bar that I hoped that in regard they did not admit me to speak they would not be displeased at my address by petition Upon this hint of my purpose Master Ash came unto me three or foure dayes as I remember after my commitment to Newgate And after that he had expressed seemingly a great deal of sorrow and trouble that his good Master for so he called me was in so sad a condition he offered me his service to doe what possibly lay in his power and sithence there was nothing more seasonable for me then good advice he did earnestly desire me to apply my selfe very humbly to the Parliament by Petition I told him that his advice my own resolutions did very well agree and that I did intend to doe so Whereupon he told me that he had a very earnest request unto me and prayed me that I would not deny it which was that he might have the honour to prefer my Petition for me And if it were so that I would trust him with it if he did not give me a very speedy account thereof and that he did not use his utmost endeavors to accomplish so much as I should therein desire he would give me leave wheresoever I saw him or spake of him to say My servant Ash was an arrant knave I told him that although I did intend to deliver a Petition yet it was not my purpose to have troubled him with it but since he had so friendly invited me thereunto he should have it He prayed me speedily to draw it I told him that I would He told me then he would come the next morning to me for it and accordingly he did so but not liking the Petition for that I had expressed therein That I had the benefit of the Articles of Exeter and that I had accordingly submitted unto my composition and that I was refused only for denying to take the Negative Oath Covenant and thereof re did pray that I might be referred unto my Composition and restored to my Liberty He told me that this Petition did too much expostulate with the Parliament for so he termed it that was highly displeased with me and that I should not petition in that way but draw up an humble Petition that should shew that I was very sorry that I had incurred their displeasures in refusing to kneele when they commanded me and to excuse that offence in the best manner that I could and to beg their pardon for the same And this he told me would be sufficient to take off the Prosecution of my Indictment which was the first thing in order to be done the Assizes being so near at hand in the Countrey Wherupon I sent another Petition to him which by his Letter written to me he seemed very well to approve of but yet although I did very often sollicit him by my Wife and Friends to put him in minde to prefer the same he never delivered it to this day nor did ever come neer me after that time which Petition followeth in these words To the Right Honourable the Commons assembled in Parliament The Humble Petition of Sir John Stawell Prisoner in Newgate WHereas your
Answer Iohn Gorges The replication of Sir John Stawell Knight unto the answer of Edmond Prideaux Attorney Generall HE the said Sir John Stawell averreth and saith all as in his Petition is alleadged and said and that he was and is a person comprized within the Articles in his Petition set forth and at the making of the said Articles and surrender of the City of Exon in the said City and submitted unto his composition and did all other things that are requisite to inable him to the benefit of the said Articles nor hath broken or infringed the same nor ingaged himselfe since the said Articles in any counsels or Actions against the Parliament nor done other act to forfeit or make him lose the benefit of the said Articles without that that any other matters or things alleadged in the said answer of validity to debarre this Petitioner is true all which he averreth and prayeth as in his Petition he hath already prayed JOHN STAWELL The Replications made unto the severall answers of the persons abovesaid are the same as is before expressed to Mr. Attorney Generals answer and are omitted for brevities sake The cause being thus at perfect issue witnesses were appointed to be examined The 24th of February 1652. these following Resolves were made in Parliament Thursday Febr. 24. 1652. REsolved by the Parliament That all such persons as have purchased of the Trustees at Drury-house the Lands of any Delinquent clayming or who shall claime the benefit of Articles shall hold and enjoy the lands and estates so by them purchased according to the rules limitations and directions contained in the respective Acts for sale notwithstanding any such Articles Resolved by the Parliament That the case of Sir John Stawell upon his pretence of Title to Articles be resumed to the consideration and determination of the Parliament And that the Commissioners for giving reliefe to persons upon Articles doe forbeare to proceed any further therein untill the Parliament take further Order Hen. Scobell Cler. Parliament The late Parliament being dissolved The 18 of May 1653. I exhibited a Petition to the Commissioners for Articles in these words To the Honourable the Commissioners for reliefe of persons upon Articles of Warre The humble Petition of Sir John Stawell Prisoner in the Tower Sheweth THat your Petitioner is advertized as by the annexed Letter may appeare of waste intended to be made upon his estate which if not timely prevented will very much increase those losses he hath already received by the breach of his Articles That of late he hath discovered the disposure of part of his Estate viz. The Prebend and Rectory of Wilscombe and the impropriate Parsonage of Halse which are now in the hands of the Committee for plundered Ministers And Mr. Nicholas Bond who hath purchased the Gleab lands thereunto belonging to whom none of your former Orders have been directed for want of such information and helps as might have guided him in this particular That by the Interpretation he makes of your late Orders He humbly conceives leave is given to him to sollicite this Honourable Court for his reliefe and that an especiall favour is granted unto him for that purpose of which he is not yet made a partaker Wherefore your Petitioner humbly prayes that your Order or Injunction may be granted for the stopping of waste till his cause now depending before you receive a determination That such like Orders may be granted unto the Committee for plundered Ministers and to Mr. Nicholas Bond as have been directed to the Trustees at Drury-house and others in the like case And lastly that by your favour and leave he may proceed to the examination of Witnesses and to the proofe of his petition And your petitioner shall ever pray c. JOHN STAWELL Upon which Petition the Commissioners having heard the Councell for the Commonwealth and for the Petitioner this following Order was made Star-chamber Wistminster Wednesday June 9. 1653. By the Commissioners for reliefe upon Articles of War Upon consideration had of the petition of Sir John Stawell exhibited unto this Court the 18 day of May last past praying thereby amongst other things that he may have leave to proceed to examination of witnesses and proofe of his petition and upon reading the Order of this Court of the first of this instant Jane whereby it was ordered in the presence and at the desire of the Councell for the Commonwealth that Councell on both sides should be heard unto that point this present day Now upon the hearing of Mr. Maynard Mr. Latch and Mr. Harrison on the behalf of the said Sir John Stawell and of Mr. Attorney Generall and the Attorney of the Dutchy for the Commonwealth And upon consideration of what hath been offered by either party and mature deliberation had thereupon Are of opinion and doe finde it just to order that the said Sir John Stawell have liberty to proceed in the examination of such witnesses as have been produced and are already sworne in the cause according to the Order of this Court of the sixteenth day of February last past and to bring on his cause in due course to hearing and do order the same accordingly tracy Pauncefote Register Hereupon Witnesses were examined by me to prove my complaint upon Intergatories and in their severall depositions did cleerly testifie the matters in issue which did arise out of my said Petition which are too long here to be inserted yet in respect that some mis-representations have been made concerning my deportment and carriage at Goldsmiths Hall at the time of the tendering of my Petition for compounding I shall make bold for my justification against those aspersions to insert the testimony of Sir Anthony Erby and Sir David Watkins two worthy persons and members of that Committee and then present when I delivered the said Petition which though it be but a Letter from Sir Anthony Erby yet it relating to his Oath which hee had formerly taken in the Court of Articles to speake his conscience and he being a person of honour and free from all exception I presume it will gaine that credit which I hope in your judgements will very much cleer me which followeth in these words To my much respected friend Tracy Pauncefote Esq at his house in the little Amory Westminster Sir YOu may remember that some time since I was summoned in by Sir John Stawell to the commissioners for Articles sitting in the inner Exchequer chamber as a witnesse and was then sworne but as yet not examined I have been by severall Letters from Sir John Stawell requested to come up to London to be now examined but the truth is my businesse is such here having been absent from my estate now above twelve yeares I cannot come up as he desireth upon which he desireth me to certifie in writing what I can say in his businesse which I am willing to doe and have directed this Letter to you that if there be any thing
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