shall be questioned or accountable for any act passed by them done or by any other done by their procurement relating unto the unhappy Differences betwixt his Majesty and the Parliament they submitting themselves to reasonable and moderate Composition for their Estates which the General Sir Thomas Fairfax shall really endevor with the Parliament that it shall 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 shall have Indempnity for their persons and enjoy their Estates and all other Immunities without payment of any fifth or twentieth part or any other Taxes or Impositions except what shall be hereafter charged upon them in common with other Subjects of this Kingdom by authority of Parliament By the 21 of the said Articles it is agreed That no Oath Covenant Protestation or Subscription relating thereunto shall be imposed upon any person whatsoever comprised within these Articles but onely such as shall binde all persons aforesaid not to bear Arms against the Parliament of England now sitting at Westminster nor wilfully to do any act prejudicial to their affairs whilest they remain in their Quarters except the persons aforesaid shall first render themselves unto the Parliament who shall cause them to be secured if they think fit The 14 of April 1646. the said Lord General Fairfax gave a Certificate under his Hand and Seal signifying that I was in the said City at the surrender and was to have the benefit of the Articles then agreed upon which Certificate is in these words SVffer the Bearer hereof Sir John Stawell Knight of the Bath who was in the City of Exeter and is to have the benefit of the Articles agreed unto by me at the time of the surrendering thereof with his Servants Horse Arms and Goods to pass quietly unto their several homes and other parts in the Parliaments quarters and from thence to London and to enjoy and dispose of all his and their Goods Debts and Movables allowed by the Articles during the space of four Months next after the ninth of this instant April without any interruption or molestation And if he shall not make any Composition with the Parliament during that time and shall be resolved to depart the Kingdom within the said four Months to go into any part beyond the Seas Given under my hand and seal at Excester the 14 day of April 1646. FAIRFAX To all Officers and Souldiers under my command and all others whom it may concern The 15 of July 1646. I came to London and according to an Order of Parliament of the second of July 1646. and within the time therein limited came before the Committee for the Militia and there undertook by a subscription under my hand not to bear Arms against the Parliament according to the meaning of the said 21 Article and the said Order of Parliament which Order and the subscription thereupon follow in these words THat all persons of what degree or quality soever comprised within the Articles of Oxon Exon and all other Garisons that are already come to the Cities of London and Westminster and places within the Lines of Communication shall before Thursday next being the ninth day of this instant Month of July repair to Guildhall London and shall there in presence of any three of the Committee of the Militia of the City of London produce their Passes and shall according to the Articles engage themselves by promise not to bear Arms against the Parliament nor wilfully do any act prejudicial to their affairs so long as they remain in their quarters And that all persons of what degree or quality soever comprised within any of the said Articles as shall hereafter come within the said City and Lines of Communication shall within four days after their coming repair to Guildhall London and shall there likewise produce their Passes and make the like engagement And the Committee of the Militia or any three of them are hereby authorized to receive the said engagement and take the respective subscriptions of the persons and for this purpose are to sit constantly three days in the week viz. Mundays Wednesdays and Fridays between the hour of three and seven in the afternoon And lastly it is ordered That such of the persons comprized within any of the said Articles as shall neglect or refuse to observe this Order or do any thing contrary to the said Articles shall forfeit the benefit of the said Articles And this to be printed and published by sound of Trumpet and beat of Drum and the Committee of the Militia of London is desired to take care that this be so published accordingly HEN. SCOBELL Cleric Parliamenti The Subscription is thus certified I Am commanded by the Committee of the Militia of London to certifie That Sir John Stawell Knight of the Bath did promise before the said Committee that he would not bear Arms against the Parliament nor wilfully do any act prejudicial to their affairs whiles he remains in their Quarters and thereunto subscribed his name according to the Order of Parliament in that behalf Dated at Guildhall London the 18 of July 1646. ADAM BANCKES Clerk to the said Committee Mr Ash having the next day after my coming to London given me a friendly visit as I then understood it I did a day or two before I presented my Petition to the Committee at Goldsmiths-hall where he was Chair-man wait upon him at his Brothers House in Fanchurch-street and did acquaint him with my purpose to petition and pray'd his furtherance therein He did then make me acquainted with the day that the Committee sat at which time he would not fail to be there himself and would in all friendly manner further my business upon my return from him that night I drew up my Petition and I had the favor of Mr Duke Stonehouse my Kinsman who was then with me and writes a better hand then my self to write it for me which Petition followeth in these words For the Honorable the Committee for Compositions sitting at Goldsmiths-Hall The Humble Petition of Sir John Stawell SHEWETH THat your Petitioners Estate hath been for a long time sequestred and himself reduced to very great wants which being supplied by the help of his Friends hath added much to his former Debts and Engagements He humbly prays That ye will be pleased to admit him to his Composition according to the Articles of Exeter and Sir Thomas Fairfax his Certiflcate which renders him capable of that Agreement And your Petitioner shall c. The next day being the 24 of July Mr Stonehouse did me the favor to accompany me to Goldsmiths-Hall and when I came to the door where the Committee sat I desired the Door-Keeper to acquaint Mr Ash that I was without and had a Petition to deliver who brought me this Answer That as soon as Sir Henry Berkleyes business was over I should be the next
John Stawell alias Stowell the last day of Aprill in the yeer of our Lord one thousand six hundred forty and foure at or neer the Town of Taunton in the said County of Somerset feloniously and of his malice forethought did kill and murther one Christopher Viccary late of Taunton aforesaid in the said County of Somerset Yeoman All which Treasons Murthers Felonies Crimes and Offences of him the said Sir John Stawell alias Stowell were and are against the publike peace the Parliament and people of England And the said Attorney Generall by protestation saving to himselfe on the behalfe of the said Keepers of the liberty of England Liberty of exhibiting at any time hereafter any other charge against the said Sir John Stawell alias Stowell And also of replying to the answers which he the said Sir John Stawell alias Stowell shall make to the premisses or any of them or to any other charge that shall be so exhibited doth for the said Treasons Murthers Felonies Crimes and Offences on the behalfe of the said Keepers of the liberty of England impeach the said Sir Iohn Stawell alias Stowell as a Traytor Murtherer Felon and publike enemy to the Parliament and people of England and prayeth that he may be put to answer all and singular the premisses that such Examinations Tryals Sentence and Judgment may be thereupon had as shall be agreeable to Justice Edmund Prideauxs To which I pleaded 1. That I was not lyable to that Charge read against me by the said Act directing my tryall being a person admitted to Composition 2. That by the Articles of Exeter confirmed by Parliament I ought not to be questioned for the offences laid to my charge Hereupon the said high Court gave me leave to plead the said speciall matter and if that should have fallen out against me They likewise gave me liberty to plead the generall Issue and after many daies solemne hearing and debate thereupon the said high Court did not think fit to proceed to Sentence but to certifie my case to the Parliament which Certificate was in these words Tuesday the 6th of May 1651. To the supream Authority the Parliament of the Common-wealth of England IN obedience to an Act of this present Parliament 9 July 1650. This Court hath proceeded in the tryall of Sir John Stawell for Treason and other offences and upon hearing all the evidences and witnesses produced on the behalfe of the Common-wealth and of the Prisoner It was agreed by the whole Court that he was guilty of the Treason and other high Crimes and Offences charged on him But upon his speciall pleading of right to the Articles of Exeter confirmed by Parliament by which no person therein comprised and submitting to reasonable composition for their Estates should be questioned or accountable for any Act passed by them done relating to the unhappy differences The Court findeth that the said Sir Iohn Stawell was comprised within the said Articles and that in pursuance thereof he did subscribe before a Committee for the Militia of London according to an order in Parliament of the second of Iuly 1646. And did also personally appeare within foure moneths after the said Articles and present a Petition to the Committee of Goldsmiths Hall for composition in relation to the said Articles of Exeter And this Court conceiveth and hath so resolved and declared upon severall debates that his tender of that Petition in the manner proved before this Court was a submission to composition according to the said Articles of Exeter But because we finde some Resolves of Parliament that after the said Articles and his submission as aforesaid do order that he should be tryed for Treason And the said Act of Parliament for his present tryall doth declare him not admitted to composition We therefore do not proceed to Sentence but do thus humbly certifie his case to this honourable Parliament At the high Court of Iustice in the Painted Chamber the 29th of Aprill 1651. Richard Keeble Francis Thorpe Iohn Green William Rowe William Steele Iohn Sadler Iohn Harrison William Vnderwood Thomas Cooke Samuel Sheffeild Iohn Hurst Georg Manley Iohn Blackwell Iohn Parker Thomas Ayres Owen Rowe Cornelius Cooke John Berners Samuel Moyer William Weston John Stone Georg Langham Nathaniel Whetham This Certificate was inclosed in a Letter to Mr. Speaker dated the 29th of Aprill 1651. Tuesday 6th of May 1651 For the right honourable the Speaker of the Parliament of England SIR THe high Court of Justice at their meeting upon the businesse of Sir John Stawell who stands referred to them by the Parliament to be tryed which have held severall debates which have produced the Result contained in the paper inclosed And it is our desire it may be by you humbly presented to the Parliament Painted Chamber 6th Maii 1651. Sir Your most humble Servants Signed by the same hands as are to the abovesaid Certificate And the said Certificate was read in Parliament the 10th of Iune 1651. The 16th of Iuly 1651. my Estate was adjudged by Act of Parliament to be sold and my name accordingly inserted in that Act for sale intituled an Act for sale of Lands and Estates forfeited to the Common-wealth for Treason In February after the passing of this Act I did addresse my selfe unto the Parliament by Petition for my reliefe which I put into Mr. Garlands hands and followeth in these words To the Supream Authority the Parliament of the Common-wealth of England The humble Petition of Sir John Stawell Prisoner in the Tower Sheweth THat your Petitioner was comprised within the Articles of Exeter and was to enjoy those benefits which were agreed on at the rendition thereof That he hath really performed all things within his power which were by the said Articles required on his part Notwithstanding he hath for the space of almost six yeers lain under the weight of your displeasures not onely by the sequestration of his Estate and a long and sad Imprisonment but by the prosecution of his life upon severall Indictments and lastly by a tryall before the high Court of Justice Your Petitioner humbly praies that you will be pleased to cast your eye upon the annexed Certificate of that high Court directed unto you and that as by the blessing of God the Justice of that honourable Court and the benefit of the said Articles his life hath been hitherto preserved so the liberty of his person and the possession of his Estate may be granted unto him by the mediation of your favours discharged of such Iudgments Sales or Incumbrances as are contrary to the intent and true meaning of the said Articles in regard that the profits of his Lands the benefit made of his Woods and Timber besides his other losses have been received and imployed to the use of the Common-wealth neer six yeers since his Petition for Composition was preferred which far exceeds two yeers value of his Estate which was the utmost penalty the said Articles charged on him for a
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
upon the Parliament and to judge their Actions For all which Causes and other apparent insufficiencies and imperfections in the said Petition contained the said Attorney General doth likewise demur in Law and doth demand judgment of the Couâ—â— if any further proceedings shall be had upon the said Petition as to the imprisonment of the said Sir John Stawell and the restitution unto him of his Estate so forfeited by him and sold and disposed of as aforesaid or any part thereof Delivered into the Court by Mr. Hurst the 10th of Novem. 1652. Edmund Prideaux Tho Widdrington Iohn Green Barth Hall Iohn Hurst A true Copy Tracy Pauncefote Registr To the Honourable the Commissioners for Releife upon Articles in time of Warre WHereas by your Orders of the sixth and tenth of Novem. instant the Trustees appointed by Act of parliament of the sixteenth of Iuly 1651. for Sale of Estates forfeited to the Common-wealth for Treason were to shew cause in writing why all further proceedings touching the Sale of Sir Iohn Stowells Estate if any thing remain to be done concerning the same should not be stayed till further order and direction from you In answer whereunto by their Counsell they return this for cause That by the aforesaid Act of Parliament the Estate of Sir John Stowell amongst others is declared and adjudged to be justly forfeited by him for his Treason against the Parliament People of England and is thereby vested and setled in the said Trustees and their heires in order to be sold for the benefit of the Common-wealth That accordingly and in pursuance of their trust they have sold all Sir John Stowells estate some part to the tennants themselves who thereby have drowned their estates other parts to others upon doubling their Publick faith Bills most of the Purchasers are in possession That this being done by Act and Authority of Parliament ought not as they humbly conceive to be questioned or reverst by any derivative Authority whatsoever And therefore the said Trustees do demurre in Law and pray the Judgement of this Court if this Court hath Jurisdiction or may hold Plea of this cause For Plea they say that by the last proviso in your Act power is given you to stay sale of estates of such persons as have not Articles confirmed by Parliament whereas the Articles which Sir John Stowell claimes benefit of are confirmed as in his Petition is alledged They further say for that it appeares that the first Act authorizing this Court to give relief upon Articles did determine the twentieth of June One thousand six hundred and fifty and that the Parliament of England by an Act passed the ninth of July following did direct the triall of Sir John Stowell by the High Court of Justice for Treason And also by the aforesaid Act of the 16th of July 1651. did adjudge his estate to be sold which Judgement is fully executed by the sale thereof according to the said Act. Therefore it shall be presumed the Parliament did the same upon most just grounds and the cause of their Judgment is not to be examined Nor is their said Judgement to be reversed or annulled but by immediate power authority of Parliament for all which causes the said Trustees by their Counsell doe demurre in Law and demand Judgement of the Court if any further proceedings shall be had therein Delivered by Master Graves 24to Nov. 1652. J.W. Rich. Graves Counsel for the said Trustees A true Copy Tracy Pauncefote Registr These Demurrers were solemnly argued before the said Court and overruled as appeares by this following Order at the making whereof 26. Commissioners were present Exchequer Chamber Westminster Friday the 31th of December 1652. By the Commissioners appointed for Reliefe upon Articles granted in time of War UPon large and deliberate debate of the Petition of Sir John Stawell prisoner in the Tower wherein he claims the benefit of the Articles made upon the surrender of Exeter and confirmed by Parliam contrary to which Articles as he alledgeth he hath not onely suffered a long Imprisonment and undergone severall tryals for his life but Judgments are obtained against him to a great value for things done in time of and in relation to the late War and before the date of the said Articles And his Estate since sold by the Trustees for sale of Lands forfeited for Treason Whereupon he praies reliefe having no way as he saith lost or forfeited the benefit of the said Articles unto which Petition severall Pleas and Demurrers have been put in by the Counsell for the Common-wealth and for the said Trustees the effect whereof is It appearing that the Parliament hath interposed in the case of the Petitioner both in respect of his Imprisonment and in appointing tryals for his life and the selling of his Estate as by them judged to be confiscated for Treason Therefore to his Imprisonment and possession of his Estate it is pleaded that this Court could not take Cognizance of the Complaint or examine or give any reliefe thereupon which Pleas and Demurrers remaining upon record in this Court with the debates had thereupon The Court having taken into their serious consideration and the power and trust committed to them by the Parliament in and by their severall Acts for doing Justice in cases of this and the like nature after mature deliberation had and taken of the premisses are of opinion that the said Pleas and Demurrers which for present admit the state of the Fact to be such as in the Petition is declared do not contain in themselves sufficient matter to preclude this Court from proceeding in this cause and do therefore resolve and adjudge that the said Pleas and Demurrers be overruled and set aside And it is further ordered that Mr. Nuttley the Sollicitor attending this Court do acquaint the Councell for the Common-wealth and the said Trustees with this resolution to the end they may set forth such other cause as they have to alledge if there be any on the States behalfe by way of Plea or answer to the said Petition which the Court holds fit to be done and delivered into Court by or before Friday being the fourteenth day of this instant January that such further proceedings may be had in the said cause as shall appertain to Justice Tracy Pauncesote Register IN pursuance of this order the Councell for the Common-wealth and for the Trustees put in their several answers and also divers of the Purchasors and Replications put in by me thereunto the answers of the Common-wealth the Trustees and the severall purchasors were in these words The Answer of Edmund Prideaux Esquire Attorney Generall for the Common-wealth of England to the Petition of Sir John Stawell THe said Attorney Generall saving and reserving to himselfe now and at all times hereafter all and all manner of advantage by way of exception or otherwise to the uncertainties untruths and insufficiencies in the said Petition contained For answer thereunto saith that
he the said Attorney General knoweth not that the said Sir John Stawell was comprised within the Articles in and by his said Petition mentioned and alledged to have been made upon the surrender of the City of Exeter the eighth day of Aprill in the yeer of our Lord one thousand six hundred forty and six as in the Petition is set forth Nor that he the said Sir John Stawell was in the said City of Exeter at the time of such surrender thereof or that he was an Inhabitant within the said City seven moneths before the date of the said Articles and the said Attorney Generall further saith that if in truth he the said Sir John Stawell was so comprised within the said Articles as in and by the said Petition is alledged yet the said Attorney Generall knoweth not that he the said Sir Iohn Stawell did submit unto or make composition for his Estate according to the purport and true intent and meaning of the said Articles and as he ought to have done with this also that here the said Sir Iohn Stawell hath not well and truly performed such of the said Articles as on his part and behalfe were and ought to have been performed according to the tenor purport and true intent and meaning of the said Articles but hath wilfully broken and infringed the same whereby he hath through his own default forfeited and lost the benefit of the said Articles And further that since the time of the said Articles so granted as aforesaid he the said Sir Iohn Stawell hath been engaged in secret Counsels against the Parliament of England and hath done and committed other Acts subsequent to the date of the said Articles whereby he hath also lost and forfeited the benefit of the said Articles through his own default in case he was so comprised within them as in and by the said Petition is alledged And the said Attorney General further saith that by the said Sir John Stawels own shewing in and by his said Petition it doth appeare and the truth so is that he the said Sir Io Stawell after the making of the said Articles was committed by the Commons of England assembled in Parliament to the Prison of Newgate during their pleasure for high Treason in levying war against the Parliament And the said Attorney Generall further saith which also appeareth by the said Sir Iohn Stawels own shewing in and by his said Petition that by an Act of this present Parliament passed on the sixteenth day of Iuly 1651. the Estate of the said Sir John Stawell by the name of Sir John Stawell late of Cudderston in the County of Somerset Knight of the Bath amongst divers others was and is declared and adjudged to be by him and them forfeited for his and their Treasons against the Parliament and people of England as by the said Act relation being thereunto had appeareth And the said Attorney Generall further saith that the said Estate of the said Sir John Stawell so adjudged forfeited hath been since sold and disposed of in pursuance and by vertue and Authority of the said Act of Parliament And the said Attorney General further saith that the Parliament of England have not hitherto declared their pleasure as touching the Imprisonment of the said Sir John Stawell for the Treason aforesaid And the said Parliament having by the aforesaid Act in which all the people of England and their consents thereunto are involued and concluded adjudged the said Sir Iohn Stawell to have forfeited his Estate for high Treason as aforesaid and for that the same is forfeited and the said Judgment of Parliament now fully executed And the said Estate of the said Sir Iohn Stawell in fact sold and disposed of by vertue of and according to the said Act of Parliament as aforesaid The said Attorney Generall further saith that it neither can nor ought to bee supposed that the aforesaid Judgment is or hath been given in breach or violation of any Articles confirmed by Parliament in the observation or violation of which Articles the faith of the Army and the honour and justice of the English Nation are so highly concerned as by the Petition is set forth Neither hath the Parliament declared what the said Treason was nor when committed for which they have adjudged him the said Sir Iohn Stawell guilty and his Estate to be forfeited as aforesaid And the said Attorney Generall neither can or ought to undertake to ascertain the same Neither can this Court bee informed of the same without consulting the Parliament or untill their sense and pleasure be known therein without that that any other matter or thing in the said petition contained materiall or effectuall in the Law to be answered unto and not therein sufficiently answered unto confessed and avoided traversed or denied is true all which matters and things the said Attorney Generall is and will be ready to aver justifie maintain and prove as this honourable Court shall award And therefore humbly prayeth that the said Petition may be dismissed c. Delivered by Master Nutley January 28. 1652. Th. Widdrington Edm. Prideaux Barth Hall John Green The Answer of the Trustees appointed by Act of Parliament for sale of Delinquents Estates to the Petition of Sir John Stawell THe said Trustees saving and reserving to themselves now and at all times hereafter all and all manner of Advantages by way of Exception or otherwise to the uncertainties and Insufficiences in the said Petition contained for a clear and full Answer to the said Petition say that by Act of Parliament of the sixteenth of July One thousand six hundred fifty one The Estate of the said Sir Iohn Stawell amongst others is therein mentioned to have been and is thereby declared and adjudged to be justly forfeited by him for his Treason against the Parliament and People of England That by the said Act of Parliament his Estate is vested and settled in the said Trustees their Heires and Assignes upon trust and confidence to sell and convey the same as in and by the said Act is directed limited and appointed That upon the security of the said Sir Iohn Stawells Lands and other the Traytors Lands by the said Act appointed to be sold The said Act doth direct that the summe of two hundred and fifty thousand pounds should be borrowed for the necessary carrying on the service of this Common-wealth That for the encouragement of such persons who should be the Purchasors of the said Lands or any part thereof It is further enacted that they their Heires and Assignes shall have and enjoy the Lands which shall by them be so purchased discharged of all Trusts and accompts whereunto the said Trustees are or may be lyable by the said Act and all other claimes and demands whatsoever That in pursuance of the said Act and according to the Trust thereby reposed in the said Trustees They have sold to severall persons all Sir Iohn Stawells Estate And they are confident and
aforesaid not to bear Arms against the Parliament of England sitting at Westminster nor wilfully do any act prejudicial to their affairs whilest they remain in their Quarters That he had a Certificate under the Hand and Seal of the then General dated the 14 of April 1646. signifying that he was to have the benefit of the said Articles That the 15 of July 1646. he came to London to make his Composition and according to an Order of Parliament of the second of July 1646. and within the time thereby limited undertook by a subscription under his hand not to bear Arms against the Parliament according to the intention of the said Order and 21 Article And upon the 24 of the same July 1646. he preferred his Petition in person to the Committee at Goldsmiths-Hall for compounding with Delinquents desiring to compound according to the said Articles But was not admited because he refused to take the Negative Oath and Covenant And was the 13 of August 1646. for such his refusal only commited first to Ely-House afterwards by Order of the then House of Commons to Newgate for High-Treason in levying War against the Parliament where he continued almost four years and in that time was several times indicted for Treason and twice arraigned for his life at the then Kings Bench Bar And that Judgments are obtained against him in personal Actions for seven thousand pounds in Damages And all this for acts relating to the Differences between the late King and the Parliament and before the Date of the said Articles That in July 1650. he was by Order of the High Court of Justice removed from Newgate to the Tower and there kept in close custody and the seventeenth of December 1650. and divers days after tryed for his life before the said High Court who after many days tryal examination of witnesses and strict enquiry into his actions and the performance of the Articles on his part did not proceed to sentence but certified their proceedings to the Parliament A copy of which Certificate was annexed to this Petition That ever since the said Tryal he was a prisoner and from the Date of the said Articles his Estate sequestred by which together with his Debts and felling his Woods and Timber he hath lost neer thirty thousand pounds in his Estate besides his imprisonment and hazard of his life That his Estate by an Act of the 16 of July 1651. is amongst others declared forfeited for Treason and hath been since sold accordingly That neither he nor his sons or servants have engaged against the Parliament in any act of hostility since the said Articles nor hath he lost the benefit thereof by any default of his and therefore prays That the said Certificate of the High Court of Justice may be considered and the liberty of his person and the possession of his Estate may be granted to him discharged of such Judgments Executions Sales and incumbrances as are contrary to the meaning of the said Articles and free from Composition in regard the profits of his Estate for seven years have been received to the use of the Commonwealth Unto which Petition several Pleas and Demurrers were put in by Mr Attorney General on the behalf of the Commonwealth of England and by the Councel for the Trustees for sale of Estates forfeited for Treason on the behalf of the same Trustees the effect whereof was It appearing that the Parliament had interposed in the case of the Petitioner both in respect of his imprisonment and in appointing Tryals for his life and the selling of his Estate as by them adjudged to be confiscated for Treason Therefore that as to his imprisonment and possession of his Estate the Court could not take cognizance of the complaint or examine or give any relief thereupon as by the said Pleas and Demurrers reference thereto being had may more at large appear Which Petition Pleas and Demurrers coming regularly to hearing before this Court after long debate and mature deliberation had of and upon the same this Court upon the 31 of December last past declared their opinion That the said Pleas and Demurrers which for the present admitted the state of the Fact to be such as is set forth in the said Petition did not contain in themselves sufficient matter to preclude this Court from proceeding upon the said Petition and did therefore resolve and adjudge the same to be over-ruled and set aside and appointed the Solicitor for the State attending the Court to acquaint the Councel for the Commonwealth and the said Trustees with this Resolution to the end they might set forth such other cause as they had to alledge if there were any on the States behalf by way of Plea or Answer to the said Petition And the Court also at the prayer of the Petitioner issued forth summons to such persons as were by the Petitioner named Defendants and certified by the Trustees aforesaid to have been Purchasers of the Lands and Estate of the Petitioner to plead or answer to the Complaint of the said Petitioner Hereupon the Councel for the Commonwealth put in an Answer wherein they say they know not that the Petitioner was comprized in Articles nor that he was in the City of Exeter at the surrender nor an Inhabitant there seven Months before the said Articles and that if he were comprized he knew not that the said Petitioner did submit unto or make Composition for his Estate according to the true meaning of the said Articles and as he ought to have done and avers that the Petitioner had not performed such of the said Articles as on his part were to be performed but had wilfully broken and infringed the same That he hath been engaged in secret counsels since the said Articles against the Parliament and committed other acts since the Articles whereby he hath forfeited the benefit of the same Articles through his own default And by way of Answer further also sets forth the same matters of Law formerly insisted upon in his said Plea and Demurrer whereupon this Court had formerly delivered their Judgments as aforesaid The said Trustees also put in their Answer and say That by the said Act of the 16 of July 1651. the Petitioners Estate was setled in them upon Trust to convey the same as the said Act directed and that in pursuance thereof they have sold to several persons all the said Estate and do believe that a great part of the purchase Mony is payd and claim no other interest in the said Estate then as persons intrusted as aforesaid neither know nor are concerned why the Parliament have enacted the Petitioners Estate to be sold Several persons named Defendants by the said Petitioner did also appear and put in Answers to the said Petition In particular Matthew Coker of Lincolns Inn Gent. saith That he hath purchased from the said Trustees part of the Manor of Priestley being parcel of the Lands of the said Petitioner and hopes to have back his
pleasing to the Towne and Country adjacent during which deliberation the Townsmen of Taunton conceiving themselves concerned in the conclusion thought fit to preferre their Petition to have such a Governour as was of birth and honour of their own Countrey from whom as it seemes they supposed they might have ease and favour which Petition as it was exhibited by the then chiefest Inhabitants is in very words thus To his Highnesse Prince Maurice and to his Excellency the Lord Marquesse and Earle of Hertford Generall of his Majesties Forces in the West The humble Petition of the Inhabitants of the Town of Taunton BEing very sensible of the great oppressions we have suffered and the miseries to which we are reduced under that government and by reason of those Governours to whom necessity hath of late times enforced our subjection and yet with some comfort resenting those happy times wherein the Lawes and Justice of this Kingdome were by the hands of the noble Gentry of these parts so dispensed amongst us that every man enjoyed his owne his liberty his property and lived a most happy people under a most gratious Soveraigne and being desirous to be againe brought as neere as may be to the same happy condition doe in all humillity beseech your Highnesse and Excellency will vouchsafe to assigne some Gentleman of birth and honour neere adjoyning to us to be our Governour who to your Highnesse and your Excellency shall seeme fit and under whose protection we may enjoy the almost forgot felioities of former times our liberties and safeties And we shall account our selves most happy and will ever thankefully acknowledge your graces and favours to us and pray for your Highnesse and Excellencies prosperities with increase of happinesse and honour After which Petition preferred the Townsmen did become earnest suiters to the Marquesse that he would be pleased to assigne me in particular and by name their Governour notwithstanding they had left it indefinitely to the Marquesse his discretion to appoint any of the Gentlemen of that Country so qualified as they expressed in their Petition whereupon the Marquesse willing to give them such satisfaction as might oblige them did desire me to take the government up on me But I very well apprehending the nature of the people and how that Towne had dealt with me for my good will towards them who had never in all my life been wanting in any thing wherein I might in all neighbourly manner befriend them In the third yeare of the late King at which time they preferred Articles grounded upon scandalous and false suggestions against me unto the Parliament The danger of any one of which in case they could have made them good against me might have cost me my life Nor was their violent prosecution of the said Articles by moving for a Serjeant at Armes by whom I was commanded to attend the House at that time to be forgotten although they were not able in the least manner to fasten any thing upon me that might justly demerit so much as the rebuke of the house or committee to whom it was referred All which or to the like effect I urged unto the Marquesse humbly and heartily desiring his Lordship that he would be pleased to excuse me their former practices administring good reason for my refusall Insomuch as the Marquesse holding himselfe satisfied did place the government upon a person of honour and quality of the county who had the deputation for some time during which the Towne continued very Incessantly to importune his Lordship that I might be the man who should have the command over them and thinking it then a considerable part of their interest did make use of very many Gentlemen and persons of quality to mediate for them and to perswade me to entertaine it and in their own persons did often sollicite me to accept of a commission to that purpose Yet these their endeavours notwithstanding I did refuse But his Lordships importunity growing to that height that I could not with good manners withstand him I did humbly pray his Lordship that he would lay aside his request unto me as importing a latitude or scope to my denyall and to command me to it and I should obey him as my Generall upon which my Lord replyed if you will excuse the terme I doe command you And thus I accepted my commission the chiefest of the Towne being then present and importuning the same the commission followeth in these words WIlliam Marquesse and Earle of Hertford Viscount Beauchampt Lord Seymor one of his Majesties most honourable Privy Councell and Lieutenant Generall of his Majesties Forces in the West To Sir John Stawell Knight of the honourable order of the Bath greeting By vertue of the authority and power given from our Soveraigne Lord King Charles under the great Seal of England as Lieutenant Generall as aforesaid I doe hereby constitute and appoint you the said Sir John Stawell to be Governour of the Towne and Castle of Taunton and the Parish of St. James thereunto adjoyning scituate in the County of Somerset and the Garrison therein and Forces thereof and doe give unto you full power and authority in his Majesties name and for his service the said gaâ—rison and Forces as Governour to command arm discipline traine and order in warlike manner and with them to fortifie the said Towne Castle and Parish and defend and preserve the same against all his Majesties enemies whatsoever to the utmost of your abilities and further exercise Marshall Law within the said Towne castle and parish upon all offenders deserving the same and to doe performe and execute all such act and acts thing and things as to the Office of a Governour of a Towne castle and Parish doth of right appeartaine and belong willing and commanding all Officers and Souldiers of the said Garrisen together with the Inhabitants of the said Towne castle and Parish to obey you as their said Governour according to this your commission as also all such Officers as you shall appoint under your hand and seal for the furtherance and advancement of his Majesties service And you your selfe to observe and follow all such orders and directions as you shall from time to time receive from his Majesty my selfe or my Lieutenant Generall according to the occasion and discipline of Warre Given under my hand and seal at Taunton this eighth day of June in the 19. yeare of his Majesties Raigne HERTFORD Together with this Commission I had two other Commissions the one for the raising of a Regiment of Horse and Dragoones the other for the raising of a Regiment of 1500. Foot which I forbeare to insert for brevities sake That very morning I received my Commission my Lord Marquesse marched out of the Towne leaving me to the ordering of my Garrison upon which I thought fit to take a view of the Castle to the end I might dispose and regulate matters as might answer my charge and trust where when I came
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
do verily believe a great part of the purchase money is paid according to the said Act of Parliament to the Treasurers thereby appointed to receive the same and that the said monies have been since paid out by the said Treasurors as the Parliament and others authorized by them have Ordered the same And therefore the said Trustees further say That they claime not any manner of Interest in the said Sir Iohn Stawells Estate otherwise then as persons intrusted by the said Act of Parliament as before is declared Nor do they know nor doth it concern them to know why the Parliament did enact his Estate to be sold as aforesaid Wherefore they humbly pray hence to be dismissed Richard Graves Counsell with the said Trustees IN humble obedience to an order of the honourable Commissioners appointed by Act of Parliament for reliefe of persons upon Articles granted in time of War which Order is dated the seven and twentieth of November 1652. and served about six daies since whereby Matthew Coker of Lincolnes Inne Gent is required within 7. daies after service to make answer in writing to the matter of complaint exhibited against him touching breach of Articles by Sir Iohn Stawell whose petition as is informed is now depending before the Commissioners aforesaid according to which the said Sir Iohn Stawell desires to bee releived against him concerning a Messuage in Everchreech and Presley in the County of Somerset I therfore the said Matthew Coker do for answer say that whereas the Trustees at Drury house according to the power given them had given notice of their resolutions to make sale of Sir Iohn Stawells Estate and amongst the rest of the Mannor of Presley part of which Mannor being bought by the Town of Taunton and the remaining part which was and is Tennanted by my Brother-in-Law William Smith of Presly Gent. being also about to be sold I therefore at the instance and request of my owne Brother and other kindred and friends and by vertue of an Assignment of Tenant-Right from my said Brother-in-Law William Smith became a Purchasor of all that Right and Estate that had been in Sir Iohn Stawell upon the Land Tenanted by the said William Smith some great inducement to which Purchase amongst the rest was chiefly the naturall affection I beare to my Sister and her Children who as I had reason to suspect might have very much suffered if a stranger had bought over their heads whereupon I confesse without the least intimation of Sir Iohn Stawell or any Agent from or under him I did with the said Trustees contract for and buy the same notwithstanding the Articles of Exeter which I thought would not have concerned me being a private person to look into or judge of and I the rather did the lesse heed them having then as I still have an assured confidence in the Justice of the Parliament that if at any time they being rightly convinced that the said Sir Iohn Stawell should have the benefit of the Articles of Exeter and accordingly admitted him that care would be taken for giving reasonable satisfaction for my purchase-money and other charges I have been at and now for that I have made my first payment and have a conveyance from the said Trustees of the premisses sealed and inrolled therefore though it shall never so much appeare that Sir John Stawell is comprised in and ought to have benefit of the said Articles and be admitted into a capacity of enjoying the same yet for that I have paid money and am invested as aforesaid I think it altogether consistent with the justice of the Parliament and the honourable Commissioners aforesaid first to put me in a sure condition or way of having that reliefe as is proper and necessary in a case of this nature before I surrender back to the State or part with any Interest I have in the premisses But when I shall be assured of satisfaction as aforesaid I shal being lawfully required be alwaies ready in obedience to any Parliamentary power to part with my Interest as aforesaid which I confesse I should have been the more unwilling to have done but that I have by much experience found that by reason of the doubtfulnesse whether Sir Iohn Stawell should have benefit by the said Articles or no doth make for the disadvantage of the Purchasor in severall respects and therefore I hope the honourable Commissioners aforesaid will bee gratiously pleased speedily to decide and put some certain period to the businesse one way or other Wrote and signed with my own hand Matthew Coker To the Right Honourable the Committee for Articles The humble Answer of Iohn VVarr and Iohn Borradale Gentlemen to the Information and Complaint of Sir Iohn Stawell THat we did joyntly Contract with the Trustees appointed by Act of Parliament for sale of severall Lands and Estates forfeited to the Common-wealth for Treason of the Demesnes of Bewly in the County of Somerset being late parcell of the Estate of the said Sir John Stawell appointed to be sold by the said Act. That we were incouraged to the said Contract by the said Act of Parliament by vertue and authority whereof we hope and expect to be protected and to enjoy our said Purchase That how farre the said Sir John Stawell is concerned in the pretended breach of the Articles of Exon concernes not us to look at The Parliament of the Common-wealth of England having as we humbly conceive sufficiently weighed and determined the Interest of the said Sir John Stawell in the said Articles before they exposed his Land to sale John Warr. John Borradale To the Right Honourable the Commissioners for reliefe of persons upon Articles of VVarre The Answer of Iohn Farewell to the Complaint of Sir Iohn Stawell Knight THat he was altogether ignorant of any Articles Sir John Stawell had but he Contracted for the Lands mentioned in a Subscription of Sir Iohn to your Honours Order of Summons of the eighth of December last with those who as he conceived had authority to doe the same And shall freely submit to what Authority shall do therein By the direction of the said John Farewell Delivered 23. of February 1652. Nicholas Batteley The said Nicholas Batteley Answers in the same words Edward Bushell Answers likewise in the same words Both delivered 23. of February 1652. To the Honourable the Commissioners for releife upon Articles of VVarre The Answer of Iohn Gorges Esquier to the Complaint of Sir Iohn Stawell Knight THat he was altogether ignorant of any Articles Sir Iohn Stawell had But he contracted for the Lands mentioned in a Subscription of Sir Iohn to your Honours Order of Summons of the eighth of December last with those who as he conceived had authority to do the same and shall freely submit to the like Order for himselfe as shall be made in the Case of other the Purchasers on Friday next come seavenight Iohn Gorges I do authorise Thomas Sherwood Gent. to deliver this as my
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