Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	aforesaid_a	attorney_n	premise_n	3,800	5	12.0518	5	true

Text snippets containing the quad

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

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 Cou●● 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

whole Estate real and personal according to the tenor of the same Articles notwithstanding any the Settlements Sales or Contracts before-mentioned at such rates and in such manner as others comprized within the said Articles have done and the Commissioners for compounding with Delinquents are hereby enabled authorized and required to permit the said Sir Iohn Stawell to compound for his whole Estate as aforesaid And in respect of those great Losses and extreme Damages which the said Petitioner hath sustained by the Sequestration and Detention of his Estate and the profits received out of the same for above seven years last past and by the felling of his Woods and Timber and otherwise for want of being admitted to a timely Composition This Court doth order and direct That the said Commissioners for compounding do cause an exact account to be made of the Rents Issues and profits received for or out of the Petitioners Estate since he first submitted to Composition and was not admitted thereunto and do recommend to their consideration the proofs thereof already taken in this cause Copies whereof attested by the Register of this Court are for that purpose to be presented to them And if the said Commissioners shall finde the same to amount unto or exceed the Fine or Composition which the said Petitioner ought to pay according to the rates prescribed and allowed by the said Articles of Exeter That then the same be allowed accepted and taken in lieu and full satisfaction of such Fine or Composition so imposed upon or to be satisfied by the said Petitioner Sir John Stawell according to his Articles otherwise the defect if any happen to be is to be supplyed by him the said Petitioner and if any surplusage or overplus remain the said Commissioners for compounding are hereby ordred and desired to certifie the same unto this Court And upon such computation satisfaction made as aforesaid the said Commissioners are hereby directed and authorized to give their Order for such acceptance of the Petitioners Fine and Composition and to give the Petitioner a Discharge accordingly and they are desired to give him all fitting expedition in the premisses And it is further ordered adjudged and declared by this Court That after the making of the said Composition as aforesaid the said Petitioner Sir John Stawell shall have the Liberty and Indempnity of his person free from any further restraint or imprisonment according to the true meaning of his said Articles and that all Bayl or other security entred into by the said Petitioner or any other persons with or for him touching his true Imprisonment be thereupon delivered up to the said Petitioner and vacated and discharged and that he be in the mean time permitted upon the Bayl already by him given to prosecute and attend the perfecting of his said Composition without let or molestation And that the said Petitioner Sir Iohn Stawell from and after such Composition as aforesaid shall have the possession of his Estate freed and discharged from all Sequestrations and Seizures whatsoever and shall enjoy the same without any claim demand impediment or molestation of the said Trustees or of the Survivors and Survivor of them their or any of their heirs And this Court doth further award order and judge That the Trustees for Sale of Lands and Estates forfeited to the Commonwealth for Treason do upon sight of this Order and Award stay and forbear all further proceedings in the Sale or Disposal of any the Land and Estate of the said Petitioner Sir Iohn Stawell remaining unsold if any such be and if any part of the Monies remain unpayd for any Lands belonging to the Petitioner already contracted for and sold that they likewise forbear to demand or receive the same or to make any further proceedings touching the same or intermeddle any further therewith And it appearing unto this Court by the Answers of the said several Defendants Matthew Coker Iohn Warr Iohn Borradale Nicholas Batteley Iohn Farwell Edward Bushell and Iohn Gorges that they have contracted for and purchased some parts and parcels of the Petitioners Lands and Estate mentioned and referred to in and by the Answers afore mentioned the detention whereof is to the prejudice and tending to the disherison of the said Petitioner and contrary to his said Articles This Court do order and adjudge That from and after the perfecting of the Composition aforesaid and notice given thereof and of this Order and Judgment the said Matth. Coker Iohn Warr Iohn Borradale Nicholas Batteley Iohn Farwell Edward Bushell and Iohn Gorges do forthwith restore unto the said Petitioner Sir Iohn Stawell and his heirs the full and peaceable possession of all and every the premisses by them purchased as aforesaid And that after the making of the said Composition the said Petitioner and his heirs shall and may peaceably and quietly hold and enjoy the same Hereditaments with their and every of their members and appurtenances freed and discharged of and from all claims charges and incumbrances in any wise occasioned by or under them the said Defendants purchasers respectively And the said Trustees and the Survivors or Survivor of them or any of them their or any of their heirs or any person or persons claiming by from or under them or any of them in as free and ample manner as if the said last mentioned premisses had not been sequestred or vested or setled in the said Trustees and Purchasers or any of them and as if no such Settlements Contracts or Sales had been had or made And the said Trustees at Drury-House and also the said Matthew Coker John Warr Iohn Borradale Nicholas Batteley Iohn Farwell Edward Bushel and Iohn Gorges and every of them and all others who are or may be any way herein concerned are upon notice hereof to give their observance hereunto accordingly And it is lastly Ordered and Declared That the Petitioners bringing the present Cause to hearing against the aforenamed Defendants shal be no bar to him to proceed further upon his said Petition against other Defendants already named or who shall be hereafter made Defendants to the said Petition but that he may prosecute such persons upon the ground of his said Complaint so far as he shall see occasion and be advised And upon the same Petition if cause be bring those causes also to Issue and Judgment in order to his just Relief The now Award and Judgment given in this Cause or any other matter or thing herein contained to the contrary notwithstanding Jo. Bradshaw Edw. Whalley Edward Cook William Bosvile Anth. Samwell Owen Rowe John Hayes Clem. Oxenbridge This Judgment being given and declared by the honourable Court of Articles after they had ten moneths most judiciously ordered and directed the proceedings in the cause to the end that there might be left no scruple in any Interest unsatisfied Mr. Attorney Generall and the rest of the Counsell for the Common-wealth and the Counsell for the Trustees being heard at large

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