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A75403 An answer of the purchasers of the lands, late of Sir John Stawel, by act of Parliament, exposed to sale for his treason to a pamphlet, intituled, The humble remonstrance of Sir John Stawel: together with the answer of John Ashe Esquire, to divers scandals mentioned in that remonstrance. As also a petition and several reasons for establishment of publick sales; tendred by Wil. Lawrence Esq; one of the judges in Scotland. Lawrence, William, 1613 or 14-1681 or 2. 1654 (1654) Wing A3300; Thomason E1072_3; ESTC R208226 62,646 64

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of Commission and Iustice of the Peace for and within the Town of Taunton And also saith That about the eight day of the same Month of Iune the said Sir Iohn Stawell in company with Iohn Syms Esquire sent for and commanded the said Davis to bring this Deponent before them at the house of one Edward Cooper in the said Town who told this Deponent that he was fined eight hundred pounds to the King for his rebellion against the said King and after many opprobrious speeches used saying the Parliament and the said Town were a company of Rebels and Traitors against the late King and deserved to be hanged required the said Fine of 800 l. of this deponent and upon his refusal to pay the said Fine committed this Deponent close prisoner to the Castle of Taunton then in the hands and power of the said Sir Iohn Stawell as Governour of the said Garrison for the late King who after divers weeks imprisonment there and several demands of the said Fine by the said Sir Iohn Stawell and refusal of payment thereof by this Deponent he this Deponent was afterwards by the said command transmitted to the Bridewell of Taunton and there kept in Irons close Prisoner with many others not suffered humane necessaries to the great weakning and impairing of the health of this Deponent untill at last being often threatned by the said Sir Iohn Stawell to be hanged or to be sent to Oxford then in the late Kings power to be tryed for his life through fear of which and terrour and for preservation of his life he was constrained to Morgage and Pawn that land credit they had left him for three hundred pounds or thereabouts which he paid then languishing in prison unto the said Sir Iohn Stawell to redeem himself out of that cruel bondage and inhumane usuage and imprisonment This Deponent further saith that during S. Iohn Stawell's bearing power and government in the said Town he exacted great sums of mony from several persons for the late King his armies use Mustered Soulderies for the late Kings service against the Parliament and billited and enforced on this Deponent and divers of the said Town many Soulderies to free quarter And during his Government there a Souldier of his Regiment the name of whom at present this Deponent remembreth not was then hang'd on the Gibbet or Gallowes set upon the Market place in the said Town and by one Reeves his Major declared that it was the command and pleasure of the Governour that he should be hanged which being done the said Reeves did then further declare openly in the Market place that it was a beginning and president for the rest of the Rebels and Roundheads of the Town to look upon and must look some of them to follow after shortly or words to that effect which was to the great terrour and fear of the free-born of this Nation I Honour Powell of Taunton the relict of my late Husband George Powell Gent. am ready to make attestation of what is under written In the time of the late miseries of this Land it pleased God to make us of this Town partakers in a great measure of the calamities of the times of the which my late husband as is well known had not the least share being exposed to the most inhumane cruelties and outrages of the Enemy when this Town was subdued by them and afterwards made the mark of Sir Iohn Stawels envy and hatred as will more largly appear by what is under written when he usurped that most Tyrannous government over this Town First of all he imposed a Fine of eight hundred pounds on him his house being before rifled and plundred by the Souldery for the refusal to pay the said Fine he was committed by the said Sir Iohn Stawell prisoner to the Castle of Taunton after he had lain there a long time he was removed by his order to the Bridewel where he was kept close prisoner and lay night and day in Irons without the least favour nay denying him that favour which we give to horses namely to have a bundle of clean straw to lye on saying that he would make him an ensample to all Rogues and should look through a grate all dayes of his life and saying at his committing to the Bridewell that he would lay him neck and heels until he paid his Fine which words Mr. Maj. of Taunton which now is can attest being in the presence when they were spoken and threatned at several other times that he would hang him Afterwards having paid a Fine of 300. l. of mony besides what other goods were fetcht from us by his order he was then released of his imprisonment being so weak with lying on the ground and in Irons that he was scarce able to go along the street afterwards being sick for not hearing one of their malignant Priests on their Monthly Fast Sir Iohn caused him to be brought before him and fined him 10 l. and told him if he did not pay it forthwith he would levy a greater fine on him which was forthwith paid unto him with many more of such like cruelties and threats which now would be too tedious to recite One act more of his cruelty I cannot here in silence pass by which is this when he had clapt up my husband close prisoner in the Bridewel putting him in the common prison where Felons and other Rogues were kept he would not suffer me nor yet admit my children to go unto my husband And although Sir Iohn Stawell by his Remonstrance page 15. seems to excuse Mr. Powells imprisonment and detainer because he found him committed and his offence of such a nature as that he could not be delivered without due course of Law Mr. Powell upon his Oath discovereth the cause of his detainer to be for his affection to the Parliament and not payment of the 800 l. imposed on him for his proportion of that Fine Mr. Iasper Chapline who was then Maj. of that Town and a person of about 70 years of age will next relate Sir Iohn's usuage of him and the cause thereof His certificate followeth viz. Some particulats of Sir Iohn Stawell's Remonstrance answered by me Jasper Chaplin the 28 of Nov. 1653. When my Lord of Stanford first entred into the Town of Taunton I being then Major was commanded with others to seize the Castle into our hands for the good and safety of the County which was done acordingly And some of the honourable Deputie Leiutenants of this County authorised me to receive of divers Delinquents great sums of money which I ceived and paid according to order but when the Kings army entred this Town I was wounded in the Knee and sent to prison into the Castle being an old man and paid a hundred pound Fine for which I have a receipt under Sir Iohn Stawells hand Whilst I was there in prison divers of those of whom I received great sums of money became suitors to
before sufficiently confuted his opinion that sir Iohn ought to compound as his expression was upon his Examination and his desire to have had sir Iohn admitted to composition as he ought by his Articles is granted for sir Iohn ought by his Articles to have been admitted to a Composition but sir Iohn would not compound in such manner as that Committee could compound with him and therefore he was justly denyed such an admission thereunto but according to their Rules he was admitted and might have compounded As concerning sir Anthonies relation touching the sale of a Manor of sir Iohn Stawels it was but a relation of another unsworn and therefore no evidence but Mr. Ash himself hath fully answered it and therefore needs no other at this time only sir Anthony hath confessed that the whole Committee without a Negative did resolve to report that carriage of sir Iohn to the House wherein sir Anthony now sweareth he then saw no incivility if he did not where was sir Anthonies Justice when himself voted that Report The same answer respectively may be given to sir David Watkins's Certificate mentioned in the Remonstrance page 61. and his Examinations before this Committee of Parliament both agreeing but in this only that sir David doth now affirm that he doth account 28 daies to the month when he saith that sir Iohn Stawell came and presented his Petition to the Committee within four moneths from the eight of April which likewise cannot agree with his Warrant of the fourth of August often mentioned he being one of the Committee that granted it and at that time it seemeth he accounted the Kalender moneths The Remonstrance page 62. doth surmise that the 15. of August 1653. the cause of Sir Iohn whereof the Court of Articles took the Cognizance upon them came regularly to be heard but how reagular or rather how extrajudicial hath been already declared when the Parliament had resumed it to themselves but that Parliament being disolved Sir Iohn Stawel took advantage thereof and by his importunity obtained from that Court of Articles a further though most extrajudicial proceeding therein even to judgment The Trustees of Drury house and Purchasers cannot be blam'd if to preserve the honour and credit of Acts of Parliament they did Petition the then Committe for Petitions in such manner as the Remonstrance sets forth to prevent such irregularities especially when that Court was deliberating and advising upon their judgement the Order of which Committee thereon was as is Remonstrated that Colonel Rous should report it to the Parliament with this sence of the Committee that the Purchasers ought to enjoy their Purchases and Sir Iohn have satisfaction if found within and ought to have the benefit of Articles which report made accordingly and the then Parliament reading the said several Votes of Parliament of the 24 of February 1652. touching the said confirmation of the sales and resuming the cause did resolve to take the consideration thereof on Fryday following After the resumption whereof and during its debate by the Parliament that Court of Articles took the boldness to give that Iudgement for Sir Iohn Stawell at large set forth in the Remonstrance pag. 65. thereby breaking through Resolves Judgments and Acts of Parliament to the contrary and therefore Sir Iohn could not probably conceive that any other besides himself would rest on or that the then Parliament would suffer their proceedings or the Judgements or Resolutions of their Predecessors to be questioned and annulled by an inferiour jurisdiction and therefore it was justly done by the Trustees and Purchasers to endeavour to render those illegal proceedings succesless and for the Parliament in vindication of their supream power to resume the debate touching the Trustees representation and Purchasers Petition the sooner to declare their resentment of those proceedings which they did on the 29 of August 1653. and upon that debate referred back to the same Committee to consider of an expedient for the Petitioners reliefe upon which reference that Committee of Petitions upon consideration had of that Judgement of the Court of Articles and the several Acts constituting that Court and of all the pleadings and proceedings passed in that case thought fit to report that the Purchasors ought to enjoy the same Estate which report the then Parliament was pleased to confirm and Teusd the 15 of Septemb. 1653. Resolved That this House do agree with this Report of the Committee that the Purchasers of Sir Iohn Stawel's Estate shall quietly possess and enjoy the same according to their several contracts made with the Trustees Henry Scobel Clerk of the Parliament And passed an Act accordingly in these words Thursd the 13. of Octob. 1653 An Act for confirmation of the sale of the Lands and Estate of Sir Iohn Stawell Knight of the Bath Be it enacted and deccared by Authority of Parliament that all sales made of any Estate Lands Tenements Hereditaments Goods or Chattels of Sir John Stawell Knight of the Bath by vertue or appointment of any Act or Acts of Parliament are hereby confirmed and established and accordingly all Purchasers and Buyers of the same shall and may have hold and quietly enjoy the same to them their Heirs and Assigns according to the Rules Conditions and Limitations prescribed in the said Acts any Law or Judgment to the contrary notwithstanding Hen. Scobell Clerk of the Parliament Notwithstanding which reference resolution and Act of this second Parliament in confirmation of the Act and proceedings of the former Parliament and sale of the Estate accordingly Sir Iohn resteth not but now pretendeth that the Committee for Petitions pursu●d not the intent of that Order of Reference and draweth that pretence from these two Premises The one because Sir Iohn had the extrajudicial Judgment of the Court of Articles for part of his Estate therefore this Committee did not pursue the intent of that Order Whereas not to insist upon the consequence the judgment and proceedings of the Court of Articles against the Purchasers being the very cause of their Complaint and against which they desired relief from a superior Court the Parliament thought fit upon a due consideration to establish the enjoyment of the Lands and by consequence did lay aside that Judgment that would have disturbed it Sir John again saith that in regard the Committee did think fit to confirm the Purchasers estates therefore they did not pursue the intent of that Order touching the Purchasers relief As if it were not the best and most sit relief to confirm their Estates notwithstanding this Judgment that would otherwise have taken them away Neither in the judgment of the Parliament it self had that Committee not pursued their intent of Reference for both by a Resolve and an Act they setled the Estate accordingly He saith the Purchasers bargains and contracts could not be absolute and direct in regard the said Clause of Limitation had debarred the Trustees themselves from whom the Purchasers claim in case of Articles