TO THE PARLIAMENT OF THE COMMON-WEALTH OF ENGLAND, SCOTLAND, and IRELAND:  
The humble Petition of Sir John, Stawell;  
SHEWETH,  
THat by the Articles made upon the surrender of Exeter, the 8th. of April, 1646. within which your Petitioner is comprised, It is declared, that no persons comprised in those Articles shall be questioned or accountable for any Act passed by them done, or any other done by their procurement; relating unto the unhappy differences betwixt the late King and the Parliament: They submitting themselves to reasonable and moderate composition for their Estates, which the Lord Fairfax then General was pleased to promise, really to endeavour with the Parliament, that it should not exceed two years value of any mans real Estate respectively, and for personal, according to the ordinary Rules, not exceeding the proportion aforesaid; as by the 12th. of the said Articles may appear.  
That by the 21th. of those Articles, no Oath, Covenant, Protestation, or Subscription, relating thereunto was to be imposed upon any comprised in those Articles, but only such as should bind them not to bear arms against the Parliament; nor wilfully do any Act prejudicial to their Affairs, whilst they remain in their Quarters. And upon the sixth of May, 1646. those Articles were approved by the Honourable House of Commons: And upon the fourth of November, 1647. they were approved by the Lords and Commons; and by their Order the Committee, Judges, Officers, and other persons concerned therein, were to take notice therof, and observe the same accordingly, any Order, or Ordinance to the contrary.  
That your Petitioner coming to London to make his Composition, did according to an Order of Parliament of the second of July, 1646. repair 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 arms, or act against the Parliament, as by the said Order and the intention of the 21th. Article was required: Which Engagement of his, he hath punctually observed, and hath not by any default of his, forfeited, or lost the benefit of the said Articles or Condition granted unto him.  
That the 24th. of July, 1646. which was within the time limited by the said Articles, he exhibited his Petition in person to the Committee at Goldsmiths-Hall, praying to be admitted to compound according to the Articles of Exeter, but was not admitted thereto, in regard he refused to take the Covenant and Negative Oath; And by Order or Warrant of that Committee of the 13th. of August, 1646, contrary to the said Articles, your Petitioner for such his refusal only was committed to the Custody of the sergeant at arms attending the House of Commons: Their Order or Warrant being grounded upon, and mentioning the Ordinances of the 5th. of April, 1645, and the first of November, 1645. Which said Ordinances your Petitioner humbly conceives the Ordinance gave them not power to proceed in that manner against him, coming in by the faith of the Army upon subsequent Articles which stood then allowed by the House of Commons, and since have been confirmed both by Lords and Commons, as is before set forth.  
That upon the 18th. of the same August, 1646. your Petitioner was sent for as a Delinquent to the Bar of the House of Commons, and was from thence committed to Newgate for Treason, in levying War against the Parliament, where he continued Prisoner near the space of four years, and during that time he was indicted several times for Treason, Felonies, and other Crimes, and two several mornings arraigned for his life at the then Kings Bench-Bar. And many Actions have been brought and Judgments obtained against him, to the value of near 7000 l. and others threatened against him. And all these for Acts done by him relating to the War, and before the date of the said Articles.  
That in July, 1650. he was by order of the High Court of Justice removed from Newgate to the Tower of London, and there kept in close Custody for some moneths, and the 17th. day of December, 1650. and divers dayes after brought before the said High Court, and tried for his life; and after many dayes trial, the examination of several Witnesses and a vety 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 certify the Parliament of their proceedings. Which Certificate was red in Parliament the 10. of June, 1651.  
That by an Act passed, the 16. of July 1651. His Estate amongst divers others was declared and adjudged to be forfeited by him for Treason, and the same as( appears by the answer of the Trustees given into the Court of Articles,) hath been sold accordingly.  
Your Petitioner further sheweth, that your honourable Predecessors upon divers complaints made unto them touching the breach of Articles or Conditions granted in the time of war. Taking into consideration the faith of their Armies and Forces by Land engaged for the performance of the same, and how much it concerned them in Honour and Justice that the same be made good, and no violation therof permitted; did by several Acts of Parliament, in the year 1649. and in the year 1652. nominate divers Commissioners, and constitute a Court for relief of all such persons as have been, are, or shall be sued, molested, or any ways damnified, contrary to Articles, or conditions granted in time of War, and the Complaints so preferred unto them to hear and deter mine.  
That your Petitioner did accordingly apply himself by Petition to that Honourable Court, who after a long and solemn proceeding, wherein in the council as well for the Common-wealth as of the Trustees being fully heard, did give their judgement on the behalf of your Petitioner.  
That since the time he submitted to his Composition and until the sale of his Estate, his damages by reason of the detention, and profits made of his Estate by the judgement of the said Court of Articles, did then amount unto above 25000 l. and since are increased to 42000 l. or near thereabouts. The truth of all the said premises more fully appears by the Copys of the Warrant, or Mittimus, of the Certificate of the high Court of Justice directed to the Parliament, and of the judgement of the Court of Articles hereunto annexed: All which remain upon Record.  
That notwithstanding the said judgement, a Defi●… of power doth appear in the Commissioners at Haberdashers Hall, to receive your Petitioner to his Composition according to the said judgement; As by the Certificate of the Court of Articles directed unto his Highness the Lord Protector( A Copy whereof is hereunto annexed) appears; So that the said judgement of the Court of Articles is in-effectuall unto your Petitioner.  
Your Petitioner also shows, That though by the form of Government( some part whereof is now under your consideration, as is generally reported) there is provision made that the Acts and Ordinances for sale of Delinquents Lands shall remain good and firm; yet by the same it is also provided, that Articles given to, or made with the Enemy, and afterwards confirmed by Parliament shall be made good to the persons concerned therein.  
That the said Articles of Exeter not being yet made good to your Petitioner, who hath had nothing allowed him out of his Estate for his relief, since the same was first sequestered.  
He therfore most humbly prays that you will please to take the sadness of his present condition into your consideration, and give such a confirmation unto the judgement already given by the Court of Articles as that he may be admitted to his Composition, and consequently to the Enjoyment of his Estate, and the liberty of his Person, and such further right and Justice may be done to him, as shall be agreeable to his Articles, and the several Acts of Parliament constituting that Court.  
And your Petitioner shall ever pray, &c. JOHN STAWELL   
By the Committee for compounding with Delinquents, &c. the 13th. of Aug. 1646. 
WHereas Sir John Stawell Knight of the Bath, was summoned to appear before this Committee, and there demanded whether he would take the Covenant, and Negative Oath, and he absolutely refused to take either of them: These are therefore by virtue of the Ordinances of Parliament, of the fifth of april, 1645. and of the first of November, 1645. to require you, to take into your custody the person of the said Sir John Stawell for his said refusal, and him safely keep till he comform himself thereunto, and for so doing, this shall be your Warrant.  
To the sergeant of the House of Commons, or his Deputy.   

To the supreme 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 trial of Sir John Stawell for Treason, and other offences, and upon hearing all the evidences and Witnesses produced on the behalf 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 special 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 acco●… ble for any Act passed by them done, relating to the unhappy differences.  
The Court findeth, that the said Sir John 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 of Parliament the 2. of July, 1646. and did also personally appear within four months after the said Articles, and present a petition to the Committee of Goldsmiths Hall, for compsition, in relation to the said Articles of Exeter.  
And this Court conceiveth, and hath so resolved, and declared upon several 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 find some resolves of Parliament, that( after the said Articles, and his Submission as aforesaid) do order; that he should be tried for Treason; and the said Act of Parliament for his present trial doth declare him not admitted to composition: We therefore do not proceed to sentence, but do thus humbly certify his case to this hon ourable Parliament.  
At the high Court of Justie in the Painted Chamber, the 29th of april, 1651. 

Richard Keeble,  
Francis Thorpe,  
John Green,  
William row,  
William Steel,  
John saddler,  
John Harrison,  
William Underwood,  
Thomas cook,  
Samuel Sheffeild,  
John Hurst.  
George Manley,  
John Parker,  
John Blackwell,  
Thomas airs.  
own row,  
Cornelius cook,  
John Berners.  
Samuel Moyer,  
William Veston.  
John ston,  
George Langham  
Nathaniel Wetham,     

monday the 15. of August, 1653.  By the Commissioners constituted by Act of Parliament for relief of Persons upon Articles, Conditions, and Engagements, made in time of War, sitting in the Exchequer-chamber, Westminster. 
WHereas Sr. John Stawel hath exhibited his Petition into this Court, thereby( amongst other things) setting forth, That he is comprised in the Articles made upon the surrender of the City and Garrison of Exeter, bearing date the 8th. of April, 1646 and afterwards confirmed by Parliament: By the twelfth of which said Articles it was agreed, That no person therein comprised, should be questioned or accountable for any act past by them done, or any other done by their procurement, relating unto the unhappy Differences betwixt the late King and the Parliament, they submitting themselves to reasonable and moderate composition for their Estates, which the then General Sir Thomas Fairfax was really to endeavour with the Parliament, that it should not exceed two years value of any mans real Estate respectively, and for personal according to the ordinary Rules, not exceeding the proportion aforesaid: Which Composition being made, they should have indemnity for their persons, and enjoy their Estates and all other Immunities, without payment of fifth or twentieth part, or any other Taxes or Impositions, except what should hereafter be charged upon them in common with other Subjects, by authority of Parliament. And by the 21. Article it was further agreed, That no Oath, Covenant, Protestation, or Subscription relating thereunto, shall be imposed upon any person whatsoever comprised within the said Artices, but only such as should bind all persons aforesaid, not to bear arms against the Parliament of England, sitting at Westminster, nor wilfully do any act prejudicial to their Affairs, whilst they remain in their Quarters. That he had a Certificate under the hand and Seal of the then General, dated the 14. of April, 1646. signifying that he was to have the benefit of the said Articles. That the 15. of July, 1646. he came to London to make his Composition, and according to an Order of Parliament of the second of July, 1646. and within the time thereby limited undertook by a subscription under his hand, not to bear arms against the Parliament, according to the intention of the said Order and 21. Article. And upon the 24. of the same July, 1646. he preferred his Petition in person to the Committee at Goldsmiths-Hall for compounding with Delinquents, desiring to compound according to the said Articles; But was not admitted, because he refused to take the Negative Oath and Covenant: And was the 13. of August, 1646. for such his refusal only, committed first to Ely-House, afterwards by Order of the then House of Commons to Newgate, for High-treason, in levying War against the Parliament, where he continued almost 4. years, and in that time was several times indicted for Treason, and twice arraigned for his life at the then Kings Bench Bar: And that Judgments are obtained against him in personal Actions for 7000 l. in damages; and all this for Acts relating to the differences between the late King and the Parliament, and before the date of the said Articles. That in July 1650. he was by order of the High Court of Justice removed from Newgate to the Tower, & there kept in close custody: and the seventeenth of December, 1650. and divers dayes after, tried for his life before the said high Court, who after many dayes trial, examination of Witnesses, and strict inquiry into his actions, and the performance of the Articles on his part, did not proceed to sentence, but certified their proceeding to the Parliament: A copy of which Certificate was annexed to this petition; that ever since the said trial he was a Prisoner, and from the Date of the said Articles, his Estate sequestered, by which, together with his Debts, and felling his Woods & Timber, he hath lost near thirty thousand pounds in his Estate, besides his imprisonment and hazard of his life. That his Estate, by an Act of the 16th. of July, 1651. is( amongst others) declared forfeited for Treason, and hath been since sold accordingly. That neither He, nor his Sons, or Servants, have engaged against the Parliament in any act of hostility, since the said Articles, nor hath he lost the benefit thereof, by any default of his, and therefore prays, that the said Certificate of the high Court of Justice may be considered, and the liberty of his person, and the possession of his Estate, may be granted to him, discharged of such Judgments, Executions, Sales, and encumbrances, as are contrary to the meaning of the said Articles, and free from Composition, in regard the profits of his Estate for seven yeares have been received to the use of the Commonwealth. Unto which Petition several Pleas and Demurrers were put in by Mr. attorney general on the behalf of the Common wealth of England, and by the council for the Trustees for sale of Estates forfeited for Treason, on the behalf of the same Trustees; the effect whereof was, it appearing that the Parliament had interposed in the case of the Petitioner, both in respect of his imprisonment, and in appointing trials for his life, and the selling of his Estate, as by them adjudged, to be confiscated for Treason; therefore that as to his imprisonment, and possession of his Estate, the Court could not take cognizance of the complaint, or examine or give any relief thereupon, as by the said Pleas and Demurrers, reference thereto being had, may more at large appear: Which Petition, Pleas, & Demurrers coming regularly to hearing before this Court, after long debate & mature deliberation had, of and upon the same; this Court, upon the 31. of Decem: last past, declared their opinion; That the said Pleas and Demurrers( which for the present admitted the state of the Fact to be such as is set forth in the said Petition) did not contain in themselves sufficient matter to preclude this Court from proceeding upon the said Petition; and did therfore resolve and adjudge the same to be overruled and set aside: and appointed the Solicitor for the State, attending the Court, to acquaint the council for the Common wealth, & the said Trustees with this resolution, to the end they might set forth such other cause as they had to allege( if there were any) on the States behalf, by way of plea or answer to the said Petition: And the Court also, at the prayer of the Petitioner, issued forth summons to such persons as were by the Petitioner name defendants, & certified by the Trustees aforesaid to have been purchaser of the lands & Estate of the Petitioner, to pled or answer to the complaint of the said Petitioner. Hereupon the Counsel for the Commonwealth put in an answer, wherein they say, they know not that the Petitioner was comprised in Articles, nor that he was in the City of Exeter at the surrender, nor an Inhabitant there 7. months before the said Articles, and that if he were comprised, he knew not that the said Petitioner did submit unto, or make composition for his estate, according to the true meaning of the said articles, & as he ought to have done: and avers that the Petitioner had not performed such of the said articles as on his part were to be performed, but had wilfully broken and infringed the same. That he hath been engaged in secret counsels since the said articles, against the Parliament, and committed other acts since the Articles, whereby he hath forfeited the benefit of the same articles through his own default: And by way of answer, further also sets for the same matters of Law formerly insisted upon in his said plea and demurrer, whereupon this Court had formerly delivered their Judgments as aforesaid. The said Trustees also put in their answer, & say, that by the said act of the 16. of July, 1651. the Petitioners estate was settled in them upon trust, to convey the same as the said act directed, & that in pursuance thereof they have sold to several persons all the said estate, & do believe that a great part of the purchase money is paid; and claim no other interest in the said estate than as persons entrusted as aforesaid; neither know, nor are concerned, why the Parliam have enacted the Petitioners estate to be sold. several persons, name Defendants by the said Petitioner, did also appear, and put in answers to the said Petition; In particular Math: Coker of Lincolns Inn, gent saith, that he hath purchased from the said Trustees part of the mannor of Preistley, being parcel of the lands of the said Petitioner, and hopes to have back his money and charges before he surrender: & then he says he shall be always ready to do the same. John War and John Borradale say, that they have jointly contracted with the said Trustees, for the demesnes of Bewly in the county of Somerset, part of the estate of the said Petitioner. That how far the Petitioner is concerned in the pretended breach of the articles of Exon concerns not them to look at; the Parli. having, as they conceive, sufficiently weighed and determined the interest of the said Petitioner in the said articles before they exposed his lands to sale. Nicholas Batteley, John farewell, Edward, Bushel, and John Gorges, by their several answers severally say, that they have contracted for the Lands respectively mentioned in the subscription of the Petitioner to the order of this Court of summons of the 8th. of Decem. last, with those who they conceive had authority to do the same; and each of them freely offers to submit to what authority shall do therein. Unto which answers of the council for the Common-wealth, and the said Trustees, and of the said other Defendants, the Petitioner Sir John Stawel replied, averring the truth of his said Petition: and the cause being at perfect issue, witnesses were examined, and their Depositions published, and by the consent both of Mr. attorney General, and of the council for the Petitioner, the whole evidence taken before the late high Court of Justice, upon the trial of the said Petitioner before them, was agreed to be made use of by either party at the hearing of the cause. The Court having also received the answer of the present Commissioners for compounding, &c. sitting at Haberdashers-Hall, London, certifying, that they have no further matter against the Petitioner, than what hath been already signified to the said high Court upon his trial; by virtue of their order in that behalf, did appoint this day for the hearing of the whole cause. Now upon full hearing of Mr. Latch, Mr. Harrison, and M. Amhurst, on the behalf of the said Petitioner, and of Mr. attorney Ceneral, Mr. attorney Hall, and Mr. Hurst, on behalf of the Common-wealth, together with Mr. Graves on the behalf of the said Trustees; and upon reading of the said answers of the said other Defendants, purchasers of part of the Petitionsrs said Estate, they, nor any of them appearing, nor any for them, although due notice had been given unto each of them of the time appointed for the hearing of this cause( whereof Oath is made) the Court proceeded therein: and upon the hearing of the evidences and witnesses, produced on the behalf of the said Petitioner and of the Common-wealth, and consideration had of what stands admitted and proved before this Court; they do find and are clearly of opinion, that Sir John Stawell is within the Articles of Exeter confirmed by Parliament; by which no persons therein comprised, and submitting to reasonable composition for their estates, are to be accountable or questioned for any act past by them done, relating unto the unhappy differences between the late King and the Parliament, that the Petitioner personally appeared before the Committee of the Militia of London, and subscribed according to an order in Parliament, the second of July, 1646. not to bear arms against the Parli. nor wilfully do any act prejudicial to their affairs, whilst he remained in their quarters: which we find to be agreeable to the 21. of the said articles. That he also personally appeared the 24. of July, 1646. being within four months after the said articles, and presented a Petition to the Committee of Goldsmiths Hall, for compositions, mentioning therein his estate to be sequestered, and humbly praying they would please to admit him to Composition, according to the said articles, & the then Generalls certificate, rendering him capable of that agreement; but his said Petition was rejected. That Sir John Stawell's tender of that Petition in the manner proved before this Court, was a submission to composition according to the said articles of Exeter. That he was afterwards by warrant of the said Committee of the 13 of August, 1646 committed to Ely House, for refusing to take the negative oath and covenant enjoined by the ordinances of Parliament of the 5. of april, 1645. and first of Novem. 1645. That since that commitment he hath been continued prisoner in several Goals, and during that restraint hath been several times indicted and brought in question for his life, for acts relating to the unhappy differences, supposed by him to be done before the granting of the said articles. That it appeareth not to this Court, that he hath by any act or default of his, lost or forfeited the benefit of his said articles, which we find to be approved by the then house of Commons the sixth of May, 1646. and by both houses of Parliament the 4 of Novem. 1647. who ordered that approbation of theirs to be published, and all commits, Judges, Officers, and other persons concerned, to take notice thereof, and observe the same, any orders or ordinances to the contrary notwithstanding. That since his said submitting to compound, the profits received forth of his estate being ever since until the late sale under sequestration, & the damages thereby by him sustained appear to amount to above 25000 l. That by the Trustees answer in this case, it appears they have sold all his Estate, by reason of the Act for sale, wherein he is included: & the defendants, matthew Coker, John War, John Borradale, Edward bushel, John farewell, Nicholas Batteley, and John Gorges, aclowledge that they have bought of them the said Trustees several parcels of the said Estate. That the said Petitioner Sir John Stawel, being tried for his life before the late high Court of Iustice sitting in the yeares 1650 and 1651. that Court finding him within the said Articles, and that he had submitted to Composition, thought not fit to proceed to sentence, but to certify his case to the Parliament: upon which Articles this Court finds not any judgement to be since given; but discern themselves impowred, authorised, and required by Parliament, to give relief to persons wronged, through breach of articles, in such sort as is expressed by the acts made in that behalf. All which this Court having taken into their serious consideration, and how far the faith of the army, and honour and justice of the Parl. & nation are concerned in this & the like cases, that right be done, & no violation of Articles permitted, after many debates and mature deliberation had thereupon; and being satisfied in their judgments and consciences, that the Petitioner Sir John Stawell is fully capable of the relief intended to persons within articles, by the acts directing and authorizing the same, and constituting this Court, do in order thereto, and in pursuance of the power and trust to them committed in that behalf, Resolve, Declare, and adjudge, that the Petitioner Sir John Stawell hath good right, and by his said articles ought to be admitted to compound for his 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 comprised within the said articles have done: and the Commissioners for compounding with Delinquents, are hereby enabled, authorised, and required, to permit the said Sir John Stawell to compound for his whole Estate, as aforesaid: And in respect of those great losses and extreme dam●ges which the said Petitioner hath sustained by the sequestration and detention of his estate, and the profits received out of the same for above 7. 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 therof 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 find the same to amount unto, or exceed the fine or compofition 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 supplied by him the said Petitioner: and if any surplusage or overplus remain, the said Commissioners for compounding are hereby ordered, and desired to certify the same unto this Court. And upon such computation, and satisfaction made, as aforesaid, the said Commissioners are hereby directed and authorised 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 premises.  
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 indemnity of his person free from any further restraint or imprisonment, according to the true meaning of his said Articles: and that all Bail, 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 Bail already by him given, to prosecute and attend the perfecting of his said composition without let or molestation. And that the said petitioner Sr. John 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 Common-wealth for treason, do upon sight of this order and award; stay and forbear all further proceedings in the sale and disposal of any the land and estate of the said Petitioner, Sir John Stawell, remaining unsold( if any such be) and if any part of the moneys remain unpaid, 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 therwith. And it appearing unto this Court, by the answers of the said several Defendants, Mattbew Coker, John, war, John, Borradale, Nicholas Battely, John farewell, Edward bushel, and John 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 therof, and of this order and judgement, the said Matth. Coker, John war, John Boridale, Nicholas Batteley, John farewell, Edward bushel, and John Gorges, do forth with restore unto the said Petitioner, Sir John Staweh, and his heirs, the full and peaceable possession of all, and every the premises by them purchased, as aforesaid: And that after the making of the said Composition, the said Petitioner, and his heirs, shall, and may peaceably & 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 encumbrances, 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 premises had not been sequestered, or vested, or settled in the said Trustees and purchaser, 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 war, John Boridale, Nicholas Battely, John farewell, Edward Eushell, and John 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, shall be no Bar to him to proceed further upon his said Petition against other Defendants already name, or who shall be hereafter made Defendants to the said Petition; but 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 judgement in order to his just relief; the now Award and judgement given in this cause, or any other matter, or thing herein contained to the contrary, notwithstanding.  


John Bradshaw.  
Edw. whaley.  
Edw. cook.  
Will: Bosvile.  
Anth. Samwell.  
own row.  
John hays.  
Clem. Oxenbridge.     

TO His Highnesse, Oliver, Lord Protector of the Common-wealth of ENGLAND, SCOTLAND, and IRELAND, &c.  
The humble Certificate of the Commissioners for relief upon Articles of war.  
May it please your Highness,  
IN pursuance of several Acts of Parliament, authorizing us to give relief to persons within Articles, We did the fourteenth day of October, 1652. receive the Petition of Sir John Stawell: And after many solemn and deliberate debates, and upon hearing as well what could be alleged by some of the Defendants to his Complaint, and purchaser of part of his Estate, as also by Mr. Attorney general, and the rest of the council on the behalf of the Common-wealth. We did upon the 15th. day of Octob. last past deliver our judgement in the Cause, & did declare therein that the benefit of the Articles of Exeter did justly and properly belong to the said Sir John Stawel, as by the Decree and judgement of this Court, relation thereunto being had may more at large appear, wherewith your Highnesse will by the Petitioner be attended when it shall be your pleasure to peruse the same. Now upon your Highnesse reference made to us the 25th. day of January last past, relating to the Petition of the said Sir John Stawell, and authorizing us to give the Petitioner speedy relief, or otherwise to certify to your Highnesse the obstructions we found therein: We have in observance thereof, and upon the Petition and Motion on Sir John's behalf, reviewed our former judgement: And upon hearing his council, who informed the Court, that the Petitioner in pursuance of our judgement, had made application to the Commissioners for compounding with Delinquents, desiring to be admitted to a composition for his whole Estate according to the Articles of Exeter, and our said judgement thereupon, but could not obtain their admission thereunto. By reason whereof, the said Articles as to him, and our said judgement were rendered fruitless and ineffectual, in regard the benefits and privileges allowed by the said Articles and Iudgment, were to operate after Composition made and perfected. The Court taking consideration thereof, thought fit to be informed from the said Commissioners for compounding upon what grounds their said Iudgment given in this cause was not observed, & the Petitioner admitted to composition accordingly: For which purpose they directed an Order to them the 8. day of this instant March; to which, the tenth following, they returned an Answer under their hands to this purpose; That Sir John Stawell had petitioned to compound the first of September, 1653. according to Exeter Articles, which Petition they referred to their council to state his Case in order to a Composition. But before the Fine came to be set, viz. the 15. of September, 1653. The Parliament resolved that the purchaser of Sir John Stawel's Estate should quietly possess and enjoy the same according to the several Contracts made with the Trustees: And upon the 13th. of October following, an Act was passed for confirmation of the sale of the Lands and Estate of Sir John Stawell, by which Resolve and Act the said Commissioners conceived themselves tied up from Composition with the Petitioner for any estate save for what is unsold, which they declare themselves ready to do: And the said Commissioners do also insist upon an Ordinance made by your Highness and your Council the tenth of February, 1653. By which they say they are not impowred to compound with any Delinquents, save only with the persons name in the last additional Act for sale, and with such Delinquents as shall discover any part of their Estates not being under Sequestration: Upon serious consideration and debate whereof, this Court being satisfied, that by the fortieth Article of the present Government, produced in Court, confirming Articles of war made with, or granted to the Enemy, and afterwards confirmed by Parliament. Any thing in that Writing, or otherwise to the contrary notwithstanding. That objection of the Act made in October last is removed, do nevertheless find, that for want of due power in the said Commissioners for compounding being so limited as aforesaid, the Petitioner Sir John Stawell cannot attain the relief meant and intended him by his Articles, by the Parliament confirming the same by the Acts, constituting this Court, by the judgement of the same Court, and as they conceive by your Highnesse, which being the sole impediment, and only at present, as we apprehended; removable by your Highnesse, in the further communication of power to the said Commissioners, wherein also we find divers other Petitioners before us in like manner concerned. This Court much resenting and comiserating the Petitioners pressures and grievances through want of effectual Iustice, humbly subneit the premises to your Highnesse consideration and judgement to do, and direct further herein, as to your wisdom and Justice shall seem meet.  


Edw: Whaley.  
Clem: Oxenbridg.  
Will: Bosvile.  
Tho: Mytton.  
Jo: Bradshaw.  
Will: Underwood.  
Matth: shepherd.  
John Ireton.  
John hays.    
FINIS.