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
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 LONDON Printed by T.R. for Henry Twysord Anno Dom. 1653. The humble REMONSTRANCE of Sir JOHN STAWELL IT was but of late that by the blessing of Almighty God and your exceeding great Justice and favour I was freed from some of those many afflictions and calamities which attend a sad condition into which the practise misinformations and ill-grounded apprehensions of some men had throwne me And that I began to look back upon my miseries already past with that contentment and security which men enjoy in viewing Rocks and raging Seas when they themselves are safe in Harbour desiring nothing more then to spend the residue of my dayes which by natures proscription cannot be many in such peaceable obedience to this Commonwealth as by your Faith and Honour made good unto me I hold my selfe obliged unto But now finding that the restlesse proceedings of such as hate me without a cause doe tend to nothing lesse then to reduce me to my former miserable condition and consequently to ruine both me and my posterity I have presumed in all humility and I hope free from offence To declare and remonstrate this my Case to the end That as my duty to heaven bindes me I may evidence unto the world Gods most remarkable mercies towards me vindicate your Honour and Justice and undeceive the whole Natition whose Faith likewise is most highly concerned in these my sufferings And in so doing I will fix my selfe upon that truth which shall be avowed upon the faith of a Christian and honour of a Gentleman And because my undertaking under the late King have had the ill luck to be stained and aspersed with too much forwardnesse as acting beyond the moderate and sober limitations of a contrariant and as if my nature had prompted me to the delight of cruelty in those imployments I shall begge your patience in suffering truth to be fetcht from its Fountaine and hence to derive it to my present state and condition In the yeare 1640. by vertue of the late Kings writ of summons I was chosen by the County of Somerset one of the Knights to sit in Parliament and did accordingly attend that service for the space of eighteen moneths or thereabouts at which time some unhappy differences arising betwixt the late King and the two Houses I did receive signification of his pleasure by a Letter unexpected from Beverley and sealed with his privy Signet which followeth in these words CHARLES REX TRusty and welbeloved we greet you well Whereas we have issued forth our Commission of Array for the County of Somerset under our great Seal of England unto our right trusty and right entirely beloved cousin and councellor the Marquis Hertford And with him have named you a Commissioner In the execution whereof and such other publike services as we have and shall intrust unto you your presence care and utmost circumspection is most necessary We doe therefore hereby require you with all convenient speed to repaire unto the said County and to attend that service wherein we doubt not you will so demeane your selfe as may be sutable to the good opinion we have of you and as may most promote the due execution ef this Commission Which at this time is of so high a consequence not onely to the security of our said County but to the peace of this Kingdome in generall And because this Commission by such who declare all things illegall which suit not with their desires or designes is declared to be contrary to the Lawes and thereupon you may be summoned by one or both Houses of Parliament as a Delinquent for the execution thereof We require you upon your alleageance not to intermit or in any sort to neglect our said service upon any such summons by going on removing to London or any other place save to us or where it is fit for you to be in the prosecution of our said service and such further command as you shall receive under our own hand And we doe hereby require and command all Sheriffes Majors Justices Officers Ministers and loving Subjects whatsoever not onely to be assisting and ayding unto you in case of need in your free passage from place to place But also that they presume not to attach your person or serve you with any warrant Order or summons whereunto we have not consented nor deteine or seize any of your goods or servants or any thing to you belonging without our speciall license first obtained as they and every of them will answer the contrary at their utmost perills For which this shall be to you and them sufficient warrant and authority Given at our Court at Beverley the eleaventh day of July in the eighteenth yeare of our Raigne To our trusty and welbeloved Sir John Stawell Knight of the Bath This Command caused me within few dayes after to repaire to my house in the Country where I received another Letter directed unto me from the Lord Marquis Hertford dated at Bath who was then Lord Lieutenant of that County and recommended to the late King by the House of Commons as a fit person for that command and was as followeth SIR I Am come by command from his Majesty with Commission to muster the Forces of this County of which Commission you are one I intend to be on Wednesday next at Wells where I shall desire your presence that I may impart the Commission unto you and advise further about the execution thereof In the moan time I rest Your assured friend and Servant HERTFORD Bath July 24. 1642. Upon this Summons I waited upon my Lord Marquis at Wells together with two of my Sons and some servants And my Lord shewing me his Commission in which I found my selfe together with divers other persons of honour and quality named Commissioners which Commission was produced and read in the high Court of Justice upon my Tryall And in few dayes after and before my removall from Wells his Lordship had notice that some parts of that Country had put themselves in Armes and were marching towards him without his order or any knowledge of their designe whereupon it was
attendance and otherwise as those Judgements amount unto in seeking after the fruits of them and can receive none at all and are reduced to very great want and misery And being now summoned to appeare before your Honours in this Court upon Sir John Stawells Petition They are come out of their country being seaven score miles from London in obedience to your command and have attended for three weeks last past their poor wives and children being like to starve at home and themselves no longer able to subsist They therefore humbly begge this honourable Court to take their lamentable estate into your pious and tender consideration so that they may be dismissed with their costs and charges which they have been unjustly put unto by the said Sir John Stawell and put to no further attendance And that in regard of their extream sufferings even to their utter undoing by the said Sir John Stawells means as aforesaid your Honors will be pleased to recommend their sad estate to the Parliament to the end they may have some relief For they having nothing left them whereby to live and must undoubtedly perish with their distressed Families unless the Lord shall move the heart of the Parliament and your Honors to pity their sad estate and to provide some present help for them William Cady Nicholas Ward Now in respect the truth of this Petition did never come to any proof and rests as a grievance upon me I have thought it fit to remove it at this time and upon this occasion by the testimony of such persons as were there present and of the other party who as friends to Truth do upon their Oaths and Certificates say as followeth To the Honorable Commissioners of the Court of Articles Emanuel Sandys of Burrough in the County of Somerset Gent. doth hereby declare and certifie that he will upon his Oath say and depose that heretofore he being with Mr. Pyne and Captain Preston and others desired in behalf and for the good of the Country to march to Glastonbury and so to Wells where the Marquess of Hertford and others then lay as they went from Somerton towards Glastonbury going up the hill towards Marshfills-Elm they discovered a company of armed men and horse at the top of the hill whereupon they made a stand and shortly after Sr Joh. Paulet now Lord Paulet with Sr Joh. Stawell Knight and some others came down the hill towards us and sent a messenger to us desiring to speak with some of us whereupon the company desired me Emanuel Sandys to go and speak with them with I did accordingly when it was demanded wherefore so many men came armed and whither they meant to go to which demand Sandys answered they hearing that the Marquess of Hertford and others were at Wells and intended to set up the Commission of Aray in the County of Somerset they with many others had agreed that night to meet at Glastonbury and the next day to go to Wells to speak with the said Marquess Hertford When the said Sir John Stawell and others desired that the company should go back to Somerton and appoint some men to go and speak with the Marquess and they would promise that whosoever would come to them and go with them to the Marquess they should come go and return freely and quietly and in the mean time they at Somerton should rest there in safety wherewith Sandys acquainted Mr. Pyne Captain Preston and others then there who then sent again Sandys with Mr. Sanders to tell Sir John Stawell and their company that they intended not to return but to go on to Glastonbury that night when they replyed we should do what we pleased and thereupon Sir John Stawell and the rest of that company rode up the hill to their company and Sandys and Sanders returned to their company and afterwards Captain Preston and the company offering to march up the hill in two bodies the company on the hill shot at us several times and we at them and thereupon some of the company and Mr. Pyne flod and a Troop of Souldiers coming down the hill took Captain Preston and Sandys and hurt Sandys and took from them their moneys horses and weapons and presently after came the now Lord Paulet and Sir John Stawell and took from the Souldiers Preston and Sandys who else had been killed and the same night carried them to Wells where they had fair quarter and for that the Souldiers had taken their mony from them Sir John Stawell Gentleman-like delivered to Sandys forty shillings which Sandys took for a civil respect and shortly after his enlargement payd him again and thanked him for his favor and kinde usage and doth verily believe that many lives and much blood was that time saved by the onely means of the said Sir John Stawell who then and at other times ever behaved himself as a lover of his Country Your Lordships c. most humble Servant Emmanuel Sandys The Examination of John Lord Paulet of Hinton St. George in the County of Somerset of the age of seven and thirty years or thereabouts produced on the behalf of Sir John Stawell this twentieth day of June 1653. by vertue of the Order of the Commissioners for Articles and upon his Oath taken the fifteenth of the said Month. TO the 21. Interrogatory he saith and deposeth L. Paulet that he was at Marshals-Elm in the Interrogatory mentioned in the year 1642. which as neer as he can remember was on the fourth day of August in that year where the late Kings forces under the command of the Marquess of Hertford and the Forces of the Parliament under the conduct of John Pyne Esq and Captain Preston did engage And saith that Sir John Stawell in the Interrogatory mentioned was in the said engagement on the behalf of the King and did continue very neer this Deponent during all the time of that Action and Engagement and for a great part of that day And that he doth remember that the said Sir John did not in all that service and fight either discharge his pistol or hurt or strike at any man but doth very well remember that after the first charge made and the flight of the Forces for the Parliament down the hill there into a lane at the foot thereof he the said Sir John Stawell together with this Deponent and divers other Gentlemen did make a stand at the entering into the the said lane and did there stop the further pursuit of the Horse then charging on the behalf of the King stayd there for almost half an hour before he and they retreated to the top of the hill And saith that he did not see the said Sir John Stawell at any time of the day leave the way or go out of the same to search the Corn on either hand for such who were hid there after the charge of the Horse as aforesaid And saith that the aforesaid Captain Preston and one Mr. Sandys was that
day and upon that charge taken prisoners and as this Deponent conceiveth and to the best of his remembrance the said prisoners were by the advice and at the desire of the said Sir John Stawell and other the Gentlemen in that Action released and set at liberty by the said Marquess of Hertford in a short time after their being taken prisoners as aforesaid and had their Horses and Arms and what ever they could claim as belonging unto them and could be found delivered unto them and further saith that during their restraint they were used with very fair respect and civility To the 22. Interrogatory this Deponent saith and deposeth that he doth not know the Drummer in the Interrogatory mentioned neither did he see him during the fight in the precedent Interrogatory mentioned but saith that he hath since heard that the said Drummer was hurt and wounded by one Crocker a Trooper in the service of the King in that fight And saith that he doth believe in his conscience that the said Drummer was not hurt by the said Sir John Stawell which he doth with the more confidence depose for that the said Sir John and this Deponent kept together all the time of that Action and did never stir out of the high-way there being a Ditch or a small fence on each side thereof and Corn-fields into which many did fly for shelter and further to this Interrogatory cannot depose The Examination of Robert Knight of Hill-Bishop in the County of Somerset Gent. of the age of thirty years or thereabouts produced on the behalf of Sir John Stawell according to the Order of the Commissioners for Relief upon Articles of War upon his Oath before the said Commissioners the 21 of this instant June took the 27 of the said Month. TO the 21 Interrogatory he saith and deposeth Robert Knight that he was at Marshals-Elm in the Interrogatory mentioned and as neer as he can remember about the time therein set forth And saith that he was there in the Troop of Sir Francis Hawley who was â—â—ere in command together with Sir John Stawell and the now Lord Paulet and upon his Oath saith that he doth very well remember when the said Sir John Stawell with the rest first came to the top of the Hill neer Marshals-Elm they discovered some Forces at the bottom of the Hill and that after some message between them there was a direction given to fall on which being done the Parliaments party immediately fled and some of them were taken prisoners but by whom any were killed or taken prisoners he cannot expresly set forth but saith that he believeth in his conscience that the said Sir John Stawell did not that day hurt or wound any man for that he this Deponent doth very well remember that the said Sir John Stawell with the now Lord Paulet then Sir John Paulet did stop the Souldiers in the entrance of the lane into which the said Forces fled from pursuing of them And is very confident that the said Sir John did not stir out of the high-way into the Corn on either side of the way all that day which he knoweth the better to depose for that he kept still very neer him And saith that such who did not retreat into the said lane did hide themselves in the Corn in the side of the way And further to this Interrogatory he cannot depose The Examination of William Stucky of Chillington in the County of Somerset yeoman of the age of three and thirty years or thereabouts produced on the behalf of Sir John Stawell and taken the 27 of June 1653. by vertue of the Order of the Commissioners for Relief upon Articles of War of the 16 of February last past and upon his Oath taken the 24 of June last past TO the 21 and 22 Interrogatories this Deponent saith and deposeth that he in the beginning of the late Wars William Stucky was a Trooper under the command of Sir Francis Hawley and marched with him in his Troop from Wells to Marshals-Elm in the Interrogatories mentioned And saith that being come thither they were ordered to charge some forces of the Country which were there under the command of Captain Preston and that the said Sir John Stawell was in the first Rank of the said Troop And he this Examinant upon his Oath saith that upon the first charge the said Forces fled being routed and some fled into the Corn-fields in the side of the high-way And that so soon as the said Forces were so routed and fled the Troop was commanded by the said Sir Francis Hawley and Sir Iohn Stawell to stop in their pursuit and rally again and march back up the Hill which was accordingly done Sir Iohn Stawell being then in the head of the Troop having with him Captain Preston and one Mr Sandys prisoners that day taken And saith that as the said Troop marched back as aforesaid he this Examinate with some of the Troop then in the Reer rode into the Corn-fields by the way side to search after such as were thought might be hid in the Corn And that there was one Thomas Crocker of the same Troop amongst us who found in the corn one Nicholas Ward a Drummer of Chard and with his sword gave him divers wounds and cuts and as this Deponent believeth would have killed him if he had not begged for his life And this Examinate faith that he saw the said Crocker so wound the said Ward and that before the said wounds so given as aforesaid this Deponent did not perceive any hurt or wounds the said Drummer had he having left his Drum in the high-way and was hid in the corn as aforesaid And he this Deponent lastly saith that he did not at all that day see the said Sir Iohn Stawell either discharge his Pistol or hurt any man with his sword or go out of the road-way upon the charge or Retreat but when he returned out of the corn-fields as aforesaid he found the said Sir Iohn with the said Troop on the top of the Hill ready to march back to Wells and further deposeth not Robert Vax of Westham in the County of Essex being deposed maketh Oath and saith THat this Deponent being formerly a servant unto Mr. Emanuel Sandys of Petherton in the County of Somerset was with his said Master in the party commanded by Captain Preston of the said County and marching as this Deponent verily believeth towards Glastonbury they descryed a party of Horse on the top of an Hill called Marshals-Elm the which party was under the command as this Deponent hath been since informed of the Marquess of Hertford in which party was Sir John Stawell and divers other Gentlemen which this Deponent did then see And further this Deponent maketh Oath and saith that before the Engagement he both saw Sir John Stawell come down the Hill and also heard him call unto demand of Capt. Preston with the Officers of our party whither they
were marching unto whom Captain Preston replyed that he intended to march to Glastonbury that night whereupon the said Stawell desired him to march back with his company to Somerton promising him that if he would send any person or persons of his company to Glastonbury Wells or to the Marquess of Hertford that they should be permitted to pass without any molestation to which the said Captain Preston replyed that he resolved to march that night to Glastonbury aforesaid and as he was marching up the Hill called Marshals-Elm heard one of the party under the command of the Marquess to say that if they advanced any further they would fire on them And further this Deponent faith that at the time of the Engagement he was then present when the said Sandys was taken prisoner and that he heard the said Sir John Stawell to call and say unto some of that party then about the said prisoner desiring them to hold their hands in that he knew him to be an honest Gentleman further saying that it was Mr Sandys of Petherton And this Deponent further saith that immediately after the taking of the said Sandys Prisoner he this Deponent did see Sir Iohn Stawell ride down to the foot of the Hill and did then and there in the view of this Deponent fall about and endevor to prevent the pursuit causing many of that party to return back from pursuing the said party then with Captain Preston And this Deponent maketh Oath and saith that being encompassed and amongst the Enemy and endeavoring to make his escape as he thought towards Somerton and riding through a corn-field he saw Nicholas Ward then Drummer to Captain Preston encompassed by two Souldiers on horseback and that this Deponent did see one of the said Souldiers to give him the said Ward several blows with his sword And further this Deponent saith that Sir Iohn Stawell was not the party nor then present when the said Ward was wounded for as much as the said Sir Iohn Stawell was at that instant time standing at the foot of the Hill And this Deponent saith that one of the Souldiers then present at the wounding of Ward was named Crocker which formerly was a Retainer to the Lord Paulet And further this Deponent maketh Oath and saith that as he was making his escape was overtaken by three Horsemen within half a mile of Somerton who gave him several wounds leaving him in the high-way but that any or either of the aforesaid wounds were given him by the said Sir John Stawell this Deponent saith not And further this Deponent saith that being wounded he was brought to Somerton and not being able by reason of his wounds to march with his company was with divers others maimed and wounded men left behinde in the said Town And this Deponent saith that within three days after this Deponent's being there the said Sir John Stawell with several others of that party came into the said Town to quarter and that the said Sir John Stawell with divers others of that party did give several sums of Mony unto many of the wounded and maimed Souldiers so left behinde whereof this Deponent received a part to the value as neer as he this Deponent can remember of about four pounds And further this Deponent saith not Septemb. 28. 1653. Sworn ROBERT VAY THO. BENET And as concerning the charge of Cady that he was kept a prisoner for the space of fourteen moneths and laid in Irons by my immediate command the truth is I found him a prisoner in the Castle of Taunton when I first took that command upon me and did by my Mitimus to the Keeper of Ivelchester onely remove him from Taunton thither as I did one England who was likewise sent by the same Mitimus and after that some others for the ease of the Castle of Taunton where they were improperly kept England a little after upon his request unto me was discharged but Cady could not have the like favour for that he was a prisoner at Law upon an Action of Debt laid upon him at his first comming thither And this will be testified by Mr. Browne the Keeper of the Goale who did then receive him As also that I never gave him who hath been the Keeper of that prison many yeares either as touching Cady or any prisoner else sent unto him directions for the putting him or any other in Irons neither doth the Mitimus by which he was so sent give any such directions onely I required the safe keeping of them till their Deliverance according to Law All which I humbly submit to your judgements and these proofes considered whether it is possible for me to be guilty of so much bloud and cruelty as is mentioned in the Petition After which about the beginning of June in the yeare of our Lord 1643. waiting upon the Marquesse of Hertford by the late Kings command from Oxford into the West with such Forces as then were under his Lordships command we marched towards the Towne of Taunton and comming with considerable Forces neer the Towne whereby they in the Towne and Castle deliberating their own safety and welfare and finding by the result of their consultation as it seemes that they were not of any equivalent strength to stand out they sent two of the Townsmen viz. Mr. Chapline as I remember their then Major and one Mr. Powell an Apothecary to my Lord Marquesse to make their conditions but as the truth did after appeare it was for no other end but that in that space of time the Souldiers and Forces might quit the Towne and save themselves and what they had there by flight which the Lord Marquesse and his party perceiving did presently enter the Towne without any concession at all Whereupon it was my humble request to the Marquesse and Prince Maurice then his Lieutenant Generall that in regard there had been an overture by the Townesmen of a Fine to be paid to preserve their Towne from plunder and their persons from violence that they would be pleased that a reasonable Fine might be imposed and the Towne kept free from any such violence or hostile molestation as they had just reason to feare as the case then stood with them at which request of mine my Lord Marquesse was pleased to make a publike Proclamation throughout his Army to prohibite all the Souldiery of what degree soever that they should not offer any violence to their persons or take their goods or in any manner doe them dammage upon paine of death The Fine which was afterwards agreed upon betwixt my Lord Marquesse his Councell of Warre and the Towne was 8000. l. as I have heard which they promised should faithfully be satisfied without delay upon which the businesse being thus setled the Marquesse and the Prince his Lieutenant Generall and the rest of his Councell consulted about the deputing a Governour such a one as should answer the expectation of the Marquesse and with all should be well
old man thought well of as his case stood and gave me his thanks and I forthwith wrote my Letter unto the Prince that Mr. Chaplaine having no mony had submitted himself unto his Imprisonment That he was a very aged man and could not brook his imprisonment long and that as I was the Governour of the place it was my duty to protect every man in his property as farre as I could and since it was contrary to right to enforce that from him who was admitted to his composition with the rest of that Towne upon the Marquesse his entry which he was lyable to repay unto his Creditors I besought him to be favourable unto him whereupon the Prince did returne me this answer as I doe remember That he was a stranger here and did not know the Lawes of the Country and therefore did wholly referre the matter to my discretion which expresse I did no sooner receive but I went immediately in person to him and set him at liberty And for this imprisonment which was but during the space of a night or two at the most untill my messenger returned and was so successefull unto him as to save his 200. l. he hath brought hsi Action and recovered 313. l. in dammages against me The other is this The Prince having by some intelligence understood that one Mrs. Treagle of Taunton had some Plate of Sir Samuel Rolles in her custody he sent Sir Samuel Caswarth a Comish Gentleman for it with an expresse to me that I should cause it to be delivered unto him whereupon I sent for Mrs. Treagle whose husband was at that time in the Parliaments Quarters The Gentlewoman at first would willingly have concealed the Plate but Sir Sa. Casworth urging much to have the Princes order observed I praid her to fetch me the Plate otherwise I would send for it my selfe hereupon she brought it unto me in a basket and as I did then judge it was worth about 100 l. which being set before Sir Sa. Caswarth upon the Table I prayed him to present my very humble service to the Prince and this request that he would command my service in such things as might be agreeable to my trust and command and that I might not be made instrumental in a service of that nature and I willed the woman to take back the Plate againe and secure it according to her trust Mrs. Treagles Testimony followeth I Frances Treagle wife of George Treagle of Taunton doe testifie that when Sir John Stawell was Governour of Taunton about the yeare of your Lord 1645. there came a Gentleman unto me whose name I did afterwards understand was Sir Samuell Caswarth who told me that he came by authority from Prince Maurice to demand such Plate and Jewels as Sir Samuel Rolle his Lady had left with me whereupon I did use means to acquaint Sir John Stawell therewith who willed me to keep the plate which I had in my custody for he saw no cause why the same should be delivered away and thereupon the Gentleman was dismissed and the plate preserved which I did afterwards send to London to Sir Samuel Rolle by one Mr. Budd of this Town And this I am ready to testifie upon my oath and have hereunto subscribed my name the third day of October 1653. FRANCES TREAGLE I will not say that the Prince was herewith displeased but it was not long after that I did receive this order of discharge as followeth For Sir John Stawell Governour of Taunton ALthough I cannot be satisfied that the Castle is tenable dgainst a strong siege yet I would have it mann'd and in order to that I would have you draw out of your Garrison a good Captaine Lieutenant and Ensigne with fourscore men to maintain the same and to victuall it for three moneths and the rest of your Garrison to be sent to Bridgewater You are to reserve four pieces only of Canou and to send the rest with bullet to Bridgwater And in respect as I am informed you have great store of provisions already in the Castle I would have you after the victualling of the Castle for the said fourscore men for three moneths to send the rest of your store to Bridgwater I am Sir Your loving friend MAURICE Vpon the march toward Honington June 15. eleven a clock POSTSCRIPT I hold not the command of the fourscore men fit for you I doe conceive it a very great vanity for any man to boast of his own good works and should with reflection upon my selfe soon have reprehended what is now written did not a necessity enforce me to say something of the forementioned particulars and as I have been governed through the whole course of my life by that divine rule and principle in humanity Doe as you would be done unto this being a law unto me when no obligation or promise did rest upon me to serve such who did in those days differ in judgment with me so let me beseech you to favor me in like manner and the rather for that the highest security the whole world affords is engaged for my Indempnity of which I shall make no manner of doubt when these shall have the happiness rightly to inform you After the discharge sent me by the Prince for the security of my person I lived in the City of Bristol and such other Garisons and places of strength as were then in the late Kings hands at length about June 1645 I came unto the City and Garison of Exeter where I did abide until such time as the Parliaments Army under the conduct of Sir Thomas Fairfax then General came and layd siege unto it And his Excellency summoning the Town the Governor and his Councel of War did resolve upon a Parley and did bethink themselves of such terms and conditions as might be safe and honorable Upon which Commissioners were assigned to treat with the Officers and Gentlemen commissionate for that purpose by the General the conclusion of which Treaty was the several Concessions Articles and Conditions which were by Order of Parliment printed and published commonly known by the name of the Articles of Exeter which were concluded and agreed upon the eighth of April 1646. and were read and approved by the then House of Commons the sixth of May 1646. and afterwards by both the Houses of Lords and Commons the fourth of November 1647. in these words THe Lords and Commons assembled in Parliament do approve of the Articles of Exeter and order this Approbation be published to the end all people concerned may take notice thereof And that the Committees Judges Officers and other persons concerned therein do take notice thereof and observe the same any Orders or Ordinances to the contrary notwithstanding By the 12 of the said Articles it is agreed That no Lords Knights Gentlemen Clergymen Chaplains excepting those who are by name excepted by Parliament from Pardon and Composition Officers Citizens and Souldiers and all other persons comprized in these Articles
Petitioner by Command lately attended this Honourable House and being brought to the Bar was enjoyned to kneel which your Petitioner forbore to doe not of any will to lessen the great Respect and Reverence due to that Honourable Assembly but conceiving he might first have spoken But now finding he hath committed an Error for which he holds himself obliged to make an humble acknowledgement and by this Petition to crave a favourable interpretation of his offence Your Petitioner humbly begs your pardon being very sorry that he hath given you so just cause of displeasure And shall account it in these his sad misfortunes a very great happiness to be restored to a capacity of your favours And that you would not look back upon what he prayes may be forgotten but be pleased in the midst of judgement to remember mercy And your Petitioner shall pray c. John Stawell But Master Ash not willing to make me happy in the fruit of this Petition insomuch as the Parliaments former displeasure according to the said severall Orders for my Indictment and Arraignment for High Treason was put in execution upon me And I was Indicted first at Taunton Assizes where the Bill of high Treason was found next at the Sessions at Bridgewater where there was an Ignoramus and lastly at Chard where three Indictments as I have heard were found one for High Treason and two for Murther for the killing of Osborne at Marshals Elme and the other for the Execution of Viccary when I was Governour of Taunton many of the Grand Jury being the Inhabitants of Taunton such who had recovered judgments for great sums of money against me and have since purchased a good part of my Estate which Indictments were afterwards removed by Certiorart into the then Kings Bench where the 12. 13. of May 1649. I was Arraigned upon the indictment of High Treason in levying war against the King upon the Statute of 25 E. 3. And upon my moving to plead specially the Court ordered accordingly that I should bring in my special pleading the first day of the next Term and did assign me Counsel for that purpose But I was never brought to plead further to that Indictment The 18. of June 1649. An Act was printed published Entituled An Act for releif of all such persons as have been or shal be sued molested or any way dampnified contrary to Articles or Conditions granted in time of War In which Act Commissioners were nominated hear and determine Cases concerning Articles according to the powers of the said Act. Whereupon I did address my self to that Court by Petition which was read the 10th of July 1649. And was in these words To the Right Honorable the Lords and others the Commissioners appointed by an Act of Parliament for relief of such as have been are or shall be sued molested or any wayes dampnified contrary to Articles or Conditions granted in time of War The Humble Petition of Sir John Stawell Prisoner in Newgate Sheweth THat the Articles made upon the Surrender of Exeter dated 8. Aprilis 1646 and a Pass from the Lord Generall Fairfax dated the 14th of the same moneth declaring according to truth that your Petitioner was comprised in those Articles he repaired to 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 that Order and there undertook by a subscription under his hand not to bear Armes against the Parliament as by that Order and the Intention of his Articles was required That the 24th of the same Moneth of Iuly he preferred a Petition in person to the Committee of Goldsmiths Hall for compounding with Delinquents desiring to be admitted to his composition according to the said Articles but was not admitted thereto in regard he refused to take the Covenant and Negative Oath And the 13th of August 1646. was by Order of the said Committee sent Prisoner to Ely-House for such his refusall That the 18th of the same August he was sent for as a Delinquent to the Bar of the House of Commons and was from thence committed to the Prison of Newgate during the pleasure of that House for High Treason in levying War against the Parl. All which will appear by true Copies annexed of the Lord Fairfax his Pass The Order of the second of Iuly 1646. The Certificate of the Clerk of the Committee of the Militia of London The Petition to the Committee of Goldsmiths Hall and the several Warrants to the Serjeant at Arms and Keeper of the Prison of Newgate That during his imprisonment in Newgate which hath been neer three years he hath been indicted severall times for Treason and other crimes and two severall mornings arraigned for his life And many Actions have been prosecuted against him and Judgments had upon divers of the same to the value of 6380 l. 10 s. A Schedule of which Actions is also hereunto annexed and is threatned with many more And all these for Acts done by him relating unto the unhappy differences betwixt his late Majesty and the Parliament before the date of the said Articles and his Estate continued all this time under Sequestration whereby and by waste and spoile of his Woods and Timber and taking away by the Committees in the County of Somerset all that little of his goods which the Fate of War had left him and the Articles preserved unto him he hath suffered neere the loss of 20000 l. in his Estate beside the hazards of his life by the aforesaid Indictments and what he hath suffered in his Liberty and Good name which with good men is pretious and unvaluable That he hath not since the Articles granted unto him taken up Arms or otherwise been ingaged in any new Hostility against the Parliament or by his own default forfeited or lost the benefit of the said Articles or Conditions thereby granted unto him but hath in all things within his power conformed to the said Articles by submitting to a reasonable and moderate Composition and a timely Petition to that purpose and a Subscription and Engagement not to bear Arms or Act against the Parliament That by the 21. 22. of the said Articles No Oath Covenant Protestation or Subscription relating thereunto was to be imposed upon him but only such as should bind him not to bear Armes against the Parliament and not wilfully doe any act prejudicial to their Affaires whilest he remained in their Quarters which your Petitioner hath punctually performed by his aforesaid Subscription before the Committee of the Militia of London and hath really observed that Engagement That by the 12th of those Articles your Petitioner was not to be questioned or accountable for any Act past by him done or by any other by his procurement relating unto the unhappy differences betwixt the late King and the Parliament He submitting to a reasonable and moderate Composition for his Estate
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
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
wherein I may doe him Iustice you may make use of it at his hearing I being upon my oath shall set nothing under my hand but what is truth which I dare not otherwise doe if I were not sworne To the first I know he delivered in a Petition into Goldsmiths Hall desiring to compound for his Estate comming in as I remember upon the Articles of Exeter and I know he delivered his Petition within the time according to the Articles Some of the Committee that were then present gave me and the rest a character of him that he was one of the violentest enemies the Parliament then had That he was one of the very first that raised Forces against the Parliament and some other such speeches of the disposition and nature of the man upon which we were resolved to shew him no favour but found fault that in the first place in his Potition he had not acknowledged himselfe a Delinquent to which as I remember he answered he came to compound according to his Articles and desired the benefit of them Then we asked him if he had taken the oath and covenant or if he had not we asked him if he would take it he replyed that by his Articles he was to take no oath we told him we were commanded that all such as compounded before us should take the oath and covenant and take the Negative Oath which he refused to doe we gave him time for eight or ten daies or a fortnight I doe not certainly remember but it was to my certain remembrance that by that time his time given him by his Articles would be out that we might deale with him the better For his deportment to us at that time and the other that he was before us for my parâ— I took no offence at it neither doe I think justly there could be any He is of himselfe of a blunt carriage but for uncivility I saw none at the times he was before us either in gesture or language For my part I would have had him admitted to composition knowing money would have done the Parliament service besides by his Articles we ought but I was but one others were not of my mind but heightned his offence high took exceptions at his carriage and language and would have it reported to the House for my part then I thought there was more in it then was outwardly expressed but the truth was by the order of the House we were bound up from admitting him to compound unlesse he took the covenant except the House would dispence with it which they did when they approved of those Articles But since I must confesse I have heard from some of the then Members of Parliament that one of our Society would have bought a Mannor of Sir John Stawell which lay neere him but I knew nothing of it then but took notice of some tartnesse in the party which being neighbours and Countreymen I something wondred at thinking that Sir John Stawell might have exasperated him by some action in the time of war Sir if J might know to what the commissioners would have me examined and send me the interrogatories I shall give them as full an answer as if I were present I am confident M. Leech must say the same as J doe about the delivery of the Petition and the reasons why we then respited him and went not on to his composition Sir J am 1 July 1653. Your assured friend and servant ANTHO IRBY THese are to certifie whom it may concern That I Sir David Watkins being in the yeere 1646 one of the Committee for compounding with delinquents then sitting at Goldsmiths-hall doe well remember that Sir John Stawell Knight of the Bath came to the said Committee with a faire and civill respect and presented his petition to them within the time limited by the Articles of Exeter Thereby desiring that he might compound for his Estate according to the said Articles granted to him and others of the Kings party He had omitted to acknowledge Delinquency in his said Petition neither had he taken the Negative Oath and Covenant as others in his condition had done before their admittance to composition nor was he willing to submit to either affirming the same to be contrary to the said Articles and against his conscience to take the Negative oath and covenant Therefore his Petition was laid aside and not received In witnesse whereof I have hereunto at the request of the said Sir John Stawell subscribed my name this third day of October in the yeere of our Lord God 1653. David Watkins The Court of Articles were likewise pleased the Councell of the Commonwealth consenting thereunto to give leave that the whole evidence taken before the High court of Justice should be made use of at the hearing by either party The Commissioners for compounding with Delinquents also returned their answer to an Order of Court which followeth in these words By the Commissioners for compounding c. 11 August 1653. Haberdashers-Hall London IN answer to an Order from the Commissioners for reliefe of persons upon Articles granted in time of warre bearing date the tenth instant in the case of Sir John Stdwell who claims the Benefit of Exeter Articles We doe hereby signifie unto the said Court that upon search made by our Register he findes not that there are any papers in his custody which concernes Sir John Stawell save onely an Order of the High Court of Justice of the 26 of Novrmber 1650 requiring Mr. Leech our late Register to certifie unto that Court the proceedings had in relation to the said Sir Johns composition and we are informed that his petition to compound with such other papers as concerned him were there left before the said High court of Justice and not sithence delivered back to our Register so that we know no further matter against the said Sir John Stawell then what hath been already signified to the said High court upon the said Sir John Stawels Triall Here remaines with our Register severall petitions of the Lady Stawell which we conceive not pertinent to the case of the said Sir John and therefore think not fit to trouble the court of Articles therewith Sam Moyer Edw. Cary. Rich. Williams Ric. Moores T. Bayly The 15 of August 1653. the cause came regularly to be heard and Councell as well on behalfe of the Commonwealth and Trustees and of me the petitioner having been fully heard and averring they had nothing further to say and in regard none of the Defendants who had answered did attend nor any for them although Oath was made that they were summoned to that purpose the Court took time to advise upon the whole matter But in the interim whilst the Court was deliberating and advising upon their judgement the Trustees of Drury-house and the petitioners to impede the judgement of the Court perceiving that I had fully proved the severall assertions of my petition whereupon I prayed their reliefe they preferred two
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