TO THE SUPREME AUTHORITY THE Parliament of the Commonwealth of ENGLAND, His Excellency the LORD GENERAL CROMWELL, And his Council of OFFICERS: THE HUMBLE REMONSTRANCE OF Sir JOHN STAWELL,  
Setting forth 

The Reason of his first engaging on the late KING'S Part, and his deportment therein.  
His desisting from further action upon the Articles of Exeter.  
The Benefit which he claims by virtue of the said Articles.  
The means by which that Benefit hath been retarded.  
His several Trials, 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 War;  
And his almost seven year's Imprisonment.  
The Sequestration of his Estate, and sale of the greatest part thereof.  
The Proceed 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 practice, misinformations, and ill-grounded apprehensions of some men, had thrown 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 than to spend the residue of my days (which by nature's proscription cannot be many) in such peaceable obedience to this Commonwealth, as by your Faith and Honour made good unto me, I hold myself obliged unto: But now finding, that the restless proceed of such as hate me without a cause, do tend to nothing less, then to reduce me to my former miserable condition, and consequently to ruin 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 binds me, I may evidence unto the world, God's 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 myself 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 forwardness, 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 employments: I shall beg your patience in suffering truth to be fetched from its Fountain, and hence to derive it to my present state and condition.  
In the year 1640. by virtue 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 months 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 well-beloved, 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 councillor, the Marquis Hertford, And with him have named you a Commissioner, In the execution whereof (and such other public services as we have and shall intrust unto you, your presence, care, and utmost circumspection is most necessary. We do therefore hereby require you with all convenient speed to repair unto the said County, and to attend that service, wherein we doubt not you will so demean yourself as may be suitable to the good opinion we have of you, and as may most promote the due execution of this Commission. Which at this time is of so high a consequence, not only to the security of our said County, but to the peace of this Kingdom in general. And because this Commission (by such who declare all things illegal which suit not with their desires or designs) is declared to be contrary to the Laws, 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 allegiance 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 do hereby require and command all Sheriffs, Majors, Justices, Officers, Ministers, and loving Subjects whatsoever, not only to be assisting and aiding 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 detain or seize any of your goods or servants, or any thing to you belonging without our special licence first obtained, as they and every of them will answer the contrary at their utmost perils. 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 year of our Reign.  
To our trusty and well-beloved Sir John Stawell, Knight of the Bath.  
This Command caused me within few days after to repair 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 intent 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 showing me his Commission, in which I found myself 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 Trial) And in few days after, and before my removal from Wells, his Lordship had notice that some parts of that Country had put themselves in Arms, and were marching towards him, without his order, or any knowledge of their design, whereupon it was concluded, that some of the Commissioners, namely, the now Lord Paulet, Mr. John Digby, Sir Francis Hauley, Mr. Windham and myself, who were best acquainted with the Country, should with some horse move towards them, upon which we went from Wells, and not fare from thence, we had intelligence that some of the Trained Bands of the Country were in a body under the command of Captain Preston, coming towards a place called Marshals Elm; whereupon we went towards them, and when we came within view of them, after some consultation amongst ourselves, we thought it fit to deal friendly and civilly with our Neighbours and Countrymen, and that our good inclination to preserve the peace of the Country might the better appear, we sent a Gentleman unto them to pray a capitulation and Parley; lest that upon dislikes grounded upon misapprehensions, we might unhappily come to blows: Hereupon four of the Commissioners, of whom I was one, met with Mr. Pine, Mr. Sandys, Captain Preston, as I remember, and one more, in an indifferent place betwixt the Forces on both sides, and it was the pleasure of the Gentlemen then with me, that I should speak to Mr. Pyne and the rest to this purpose: That the Lord marquis Hertford the King's Lieutenant, did much wonder, that his coming into that Country should be understood to be rather in the nature of an Enemy, than a Friend: That he was come with the King's Commission to command the Militia of that County, and to settle the peace thereof: And forasmuch as he hears, that you have put yourselves into Arms, and are coming towards him, for which he understands not well the occasion; He hath commanded us to let you know, that if you think fit to send some Gentlemen unto him, and in the mean time to retreat to Somerton; and there to attend the return of such as you shall so send: We do promise you, as we are Gentlemen, those whom you shall think fit so to employ, shall have free liberty both to come and return at their pleasures, and a friendly reception while they are there. And that we would join with them in the promoting of any thing which might stand with his Lordship's honour, and trust to grant, and might be for the peace and welfare of the Country: Mr. Pine replied, That he would make the Gentlemen acquainted with what I had delivered, and that we should receive an answer, which accordingly was sent unto us by Mr. Emanuel Sandys, to this effect; That they with their companies as they made their appearance, did resolve that night to march to Glasenbury. And accordingly they began to match up the Hill, which was an advance towards us being directly in their way, and made many shots first at us, and did wound a Gentleman, and killed his horse under him, which we perceiving, in our own defence, put ourselves into such a posture as might secure us; and upon that, began the unhappy engagement, in which there was one Osborne killed, some others were hurt, and some taken prisoners, amongst which was Captain Preston and Mr. Sandys, to whose certificate hereafter mentioned, I crave leave to refer you. In this skirmish one Nicholas Ward a Drummer had many wounds by some of the Troopers, who made pursuance after him and some others who had fled into the Corn to save themselves; at which time I myself, and some of the King's Commanders then present were doing our utmost endeavours to stop our horse from further prosecution of Mr. Pyne and others of that party, who were fled: Yet this employment of mine, at some distance of place from that where it seems the Drummer was hurt, hath not been sufficient enough to clear me from the loud and false aspersions of some, who uncessantly made it their business against me, that I with my own bloody hands, and in cold blood, did carbonade (as they call it) that Drummer Whereas I do protest before the Almighty God, that I did not cut or draw blood on any man that day, but made it my care to preserve any of that party, and to rescue as many as I saw any violence offered unto, and to such Gentlemen as were taken prisoners, and had suffered by the Soldiery, I shown all the civility that possibly lay in my power, of which some of them have made very honourable testimonies and acknowledgements, as by the said Certificate under the said Mr. Sandys his hand, to do me Justice, directed to the Honourable Commissioners for Articles, together with the Depositions of the Lord Paulet and some others hereafter mentioned may appear. But Ward the Drummer having once sworn, and obtained a Judgement at Law for the damages of a hundred pounds and upwards against me, finds himself now bound to make good this shameless untruth, being obliged to secure one mischief by acting of another. And therefore being made a Defendant to my Petition exhibited to the Honourable Court of Articles, in regard of his Judgement so obtained, he did upon his appearance together with one Cady prefer a most scandalous and false Petition against me to that Court which followeth in these words.  
To the Right Honourable the Commissioners appointed by Act of Parliament to give relief to persons upon Articles made in time of War.  
The Humble Petition of William Cady of Taunton, and Nicholas Ward of Chard in the County of Somerset, together with their answers to so much of the Petition of Sir John Stawell, exhibited to your Honours as concerns them.  
Shows,  
THat they have faithfully served the Parliament from the first beginning of the troubles against the public enemy, with the expense of their blood and estates, and particularly opposed Sir John Stawell and his bloody adherents: Wherein your Petitioners (besides the loss and plunder of their estates by that party) have received wounds and Mayhemes in their bodies, whereby they are utterly disabled to work at their Trades; your Petitioner Cady having lost three sons in the Parliaments service who were the staff of his age, and himself fourteen months imprisoned in a loathsome Goal, where he was laid in Irons by the immediate command of Sir John Stawell for no other cause but his faithfulness to the Parliament. And your Petitioner Ward for the same cause had his nose, and one of his fingers cut off, and one of his eyes was cut out, by Sir John Stawells own cruel hand, and that in cold blood, your said Petitioner Ward being unarmed, and all without any provocation on the Petitioners part, whereby they are both of them utterly undone with their wives and children.  
That they heretofore brought their several Actions against Sir John Stawell, wherein they have Judgements against him: namely your Petitioner Cady hath a Judgement against Sir John Stawell for 212 l. And your Petitioner Ward hath a Judgement against him for 107. l. 10. s. which Judgements are so fare from proving a benefit to them, that they are an addition to their misery; for they have spent as much money by their Judgements and 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 appear before your Honours in this Court, upon Sir John Stawells Petition, They are come out of their country, being seven score miles from London in obedience to your command, and have attended for three week's last passed, their poor wives and children being like to starve at home, and themselves no longer able to subsist.  
They therefore humbly beg 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 extreme sufferings, even to their utter undoing, by the said Sir John Stawells means as aforesaid, your Honours 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 Honours 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 Honourable Commissioners of the Court of Articles.  
Emanuel Sandys of Burrough in the County of Somerset, Gent. doth hereby declare and certify, 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 Marquis 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 Marquis of Hertford and others were at Wells, and intended to set up the Commission of Array 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 Marquis 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 Marquis, and they would promise that whosoever would come to them, and go with them to the Marquis, 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 replied, we should do what we pleased; and thereupon Sir John Stawell and the rest of that company road 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 flood, and a Troop of Soldiers 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 Soldiers 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 Soldiers had taken their money from them, Sir John Stawell Gentlemanlike delivered to Sandys forty shillings, which Sandys took for a civil respect, and shortly after his enlargement paid him again, and thanked him for his favour and kind usage, and doth verily believe that many lives and much blood was that time saved, by the only means of the said Sir John Stawell, who then and at other times ever behaved himself as a lover of his Country.  
Your Lordships, etc. 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 virtue 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 near as he can remember, was on the fourth day of August in that year, where the late King's forces, under the command of the Marquis 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 near 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, & stayed 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 Marquis 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 highway, there being a Ditch or a small fence on each side thereof, and Cornfields, into which many did fly for shelter; and further to this Interrogatory cannot depose.  
The Examination of Robert Knight of Hillbishop 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 near 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 ●●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 near 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 expressly 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, than Sir John Paulet, did stop the Soldiers 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 highway 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 near him: And saith, that such who did not retreat into the said lane, did hid 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 virtue of the Order of the Commissioners for Relief upon Articles of War, of the 16 of February last passed, and upon his Oath taken the 24 of June last passed.  
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 Cornfields in the side of the highway; 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 john Stawell to stop in their pursuit, and rally again, and march back up the Hill, which was accordingly done, Sir john 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 Rear, road into the Cornfields 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 highway, 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 john Stawell either discharge his Pistol, or hurt any man with his sword, or go out of the roadway upon the charge or Retreat; but when he returned out of the cornfields as aforesaid, he found the said Sir john 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 descried 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 Marquis 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 replied, 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 Marquis of Hertford, that they should be permitted to pass without any molestation: to which the said Captain Preston replied, 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 Marquis 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 john Stawell ride down to the foot of the Hill, and did then and there, in the view of this Deponent, fall about and endeavour 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 endeavouring to make his escape as he thought towards Somerton, and riding through a cornfield, he saw Nicholas Ward, than Drummer to Captain Preston, encompassed by two Soldiers on horseback, and that this Deponent did see one of the said Soldiers to give him the said Ward several blows with his sword: And further this Deponent saith, that Sir john Stawell was not the party, nor then present when the said Ward was wounded, for as much as the said Sir john Stawell was at that instant time standing at the foot of the Hill: And this Deponent saith, that one of the Soldiers, 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 highway; 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 behind 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 Money unto many of the wounded and maimed Soldiers so left behind, whereof this Deponent received a part (to the value, as near 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 months, 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 only 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 coming thither. And this will be testified by Mr. Browne the Keeper of the Goal, who did then receive him. As also that I never gave him (who hath been the Keeper of that prison many years) 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, only I required the safe keeping of them till their Deliverance according to Law. All which I humbly submit to your judgements and these proofs considered, whether it is possible for me to be guilty of so much blood and cruelty as is mentioned in the Petition.  
After which about the beginning of June, in the year of our Lord 1643. waiting upon the marquis of Hertford by the late Kings command from Oxford into the West, with such Forces as then were under his Lordship's command, we marched towards the Town of Taunton, and coming with considerable Forces near the Town, whereby they in the Town and Castle deliberating their own safety and welfare, and finding by the result of their consultation (as it seems 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. powel an Apothecary, to my Lord marquis to make their conditions, but as the truth did after appear, it was for no other end but that in that space of time the Soldiers and Forces might quit the Town, and save themselves and what they had there by flight, which the Lord marquis and his party perceiving, did presently enter the Town without any concession at all. Whereupon it was my humble request to the marquis and Prince Maurice then his Lieutenant General, that in regard there had been an overture by the Townsmen of a Fine to be paid to preserve their Town from plunder, and their persons from violence, that they would be pleased that a reasonable Fine might be imposed, and the Town kept free from any such violence or hostile molestation (as they had just reason to fear, as the case then stood with them) at which request of mine my Lord marquis was pleased to make a public Proclamation throughout his Army to prohibit all the Soldiery of what degree soever, that they should not offer any violence to their persons or take their goods or in any manner do them damage upon pain of death. The Fine which was afterwards agreed upon betwixt my Lord marquis, his Council of War, and the Town, was 8000. l. as I have heard, which they promised should faithfully be satisfied without delay, upon which the business being thus settled, the marquis and the Prince his Lieutenant General, and the rest of his Council consulted about the deputing a Governor, such a one as should answer the expectation of the marquis, and with all should be well pleasing to the Town and Country adjacent; during which deliberation the Townsmen of Taunton conceiving themselves concerned, in the conclusion thought fit to prefer their Petition to have such a Governor as was of birth and honour, of their own Country, from whom as it seems 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 Highness' Prince Maurice, and to his Excellency the Lord marquis and Earl of Hertford, General of his Majesty's 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 Governors, to whom necessity hath of late times enforced our subjection, and yet with some comfort resenting those happy times wherein the Laws and Justice of this Kingdom were by the hands of the noble Gentry of these parts so dispensed amongst us that every man enjoyed his own, his liberty, his property, and lived a most happy people under a most gracious Sovereign, and being desirous to be again brought as near as may be to the same happy condition, do in all humility beseech your Highness and Excellency will vouchsafe to assign some Gentleman of birth and honour near adjoining to us, to be our Governor, (who to your Highness and your Excellency shall seem fit, and under whose protection we may enjoy the almost forgot felioities of former times, our liberties and safeties. And we shall account ourselves most happy, and will ever thankfully acknowledge your graces and favours to us, and pray for your Highness and Excellency's prosperities with increase of happiness and honour.  
After which Petition preferred, the Townsmen did become earnest suitors to the marquis, that he would be pleased to assign me in particular and by name their Governor, (notwithstanding they had left it indefinitely to the marquis his discretion to appoint any of the Gentlemen of that Country so qualified as they expressed in their Petition, whereupon the marquis 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 Town 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 year 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 Sergeant at Arms 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 marquis, humbly and hearty desiring his Lordship that he would be pleased to excuse me, their former practices administering good reason for my refusal; Insomuch as the marquis holding himself 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 Town 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 persuade me to entertain it, and in their own persons did often solicit me to accept of a commission to that purpose: Yet these their endeavours notwithstanding I did refuse.  
But his Lordship's 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 denial, and to command me to it, and I should obey him as my General, upon which my Lord replied, if you will excuse the term, I do command you: And thus I accepted my commission, the chiefest of the Town being then present and importuning the same, the commission followeth in these words:  
WIlliam, marquis and Earl of Hertford, Viscount Beauchampt Lord Seymor, one of his Majesty's most honourable Privy Council, and Lieutenant General of his Majesty's Forces in the West: To Sir John Stawell, Knight of the honourable order of the Bath greeting. By virtue of the authority and power given from our Sovereign Lord King Charles, under the great Seal of England, as Lieutenant General as aforesaid, I do hereby constitute and appoint you the said Sir John Stawell to be Governor of the Town and Castle of Taunton, and the Parish of St. James thereunto adjoining, situate in the County of Somerset, and the Garrison therein, and Forces thereof, and do give unto you full power and authority in his Majesty's name and for his service, the said garrison and Forces as Governor to command, arm, discipline, train, and order in warlike manner, and with them to fortify the said Town, Castle, and Parish, and defend and preserve the same against all his Majesty's enemies whatsoever to the utmost of your abilities, and further exercise Martial Law within the said Town, castle, and parish upon all offenders deserving the same, and to do, perform, and execute all such act and acts, thing and things, as to the Office of a Governor of a Town, castle, and Parish doth of right appeartaine and belong, willing and commanding all Officers and Soldiers of the said Garrisen, together with the Inhabitants of the said Town, castle, and Parish to obey you as their said Governor 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 Majesty's service: And you yourself to observe and follow all such orders and directions as you shall from time to time receive from his Majesty, myself, or my Lieutenant General according to the occasion and discipline of War.  
Given under my hand and seal at Taunton this eighth day of June in the 19 year of his Majesty's Reign. 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 forbear to insert for brevity's sake.  
That very morning I received my Commission my Lord marquis marched out of the Town, 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, I found to the number of 60. prisoners or thereabout, whose imprisonment in that place I did not think convenient: And therefore did pray the assistance of Sir William Portman and Mr. John Symes, two of the Deputy Lieutenants of the County and Justices of the peace, and were neighbours, to advise about the disposing of them, who did at my request come unto me to the Castle, where we called all the prisoners before us, and examined the reasons of their several commitments, and for so many as we found committed by Mittimus, & their offence of such a nature as that they could not be delivered without a due course of Law, those were detained, amongst which was Mr. Chaplain, Mr. powel the Apothecary, and the aforenamed Cady, for which they and some others have brought their several Actions against me, and recovered great sums of money; And for so many as we found, who were not committed by Mittimus, or for slight offences, or by persons of no sufficient authority for that purpose (who were as I remember the greater part) we discharged, and the rest were sent to Ivelchester and other places.  
The prisoners being thus disposed of, I began to consider of such things as might best conduce to the maintenance of the Garrison, for the payment of those Soldiers which the Lord marquis left me for making good the Garrison until I had levied Soldiers of my own: And having no contribution at that time assigned me, I was enforced to call upon the Town to proportion a rate for the collecting of the Fine  and agreed upon for a composition with the marquis upon his entry, and for the receipt of which he gave me order upon his departure, which is as followeth:  
Ordered at Taunton the ninth day of June, Anno Dom. 1643.  
IT is ordered that Sir John Stawell shall receive of the Inhabitants of this Town of Taunton and the Parish of St. 
Somerset.  James, the sum of eight thousand pounds, being the sum set down and imposed upon them by his Highness, his Excellency, and the council of War: And if it shall appear unto him that any person or persons shall be overcharged with the said Tax or payment in respect of their estates or quality, the said Sir John Stawell hath power by this to Assess any other man who is omitted and not already rated, for the ease of such parties as shall have just cause to have relief.  
HERTFORD.  
Upon which I called upon the Town for no make payment of the same, in regard the necessity of my occasions did so require. But they having, as I found by their notes and Acquittances which they produced, paid my Lord marquis the sum of 500 l. or near thereabouts, did excuse themselves as not able to raise any more at present, so that I was constrained to take such payment as they would make, and I did receive of them in all at several times the sum of 500 l. more or thereabout as I remember, which was to rest upon account; yet before I could receive any I was constrained to commit some of them, for which they likewise have brought their Actions.  
Yet it is true, that when the late King was come to the City of Bristol shortly after his Forces had taken it, he being acquainted with the sum of 8000. l. imposed upon Taunton, did send unto me for to require 2000 l. of it, and send it, unto him with all speed, whereupon I acquainted the Town with it, and they excusing themselves with the loss of Trade which was that they lived by, did seem very unwilling to raise any more above the 1000 l. already paid, Insomuch that I according to my then duty to the late King's commands, did acquaint them, that if they did not procure the money he sent for, I must take some course with them of compulsion, upon which they departed, and did by the next morning collect the sum of 850. l. which was all that I could get or receive from them, and this being short of what the late King was pleased to command, I did borrow of one Mr. Porter a Scrivener, upon my own account, the sum of 100 l. for which I gave Bond, and of Doctor Byham I had 50. l. more to make up the sum collected 1000 but in respect it did not answer the late Kings command, I did myself in person carry that sum unto Bristol, and did acquaint the late King with the difficulty that I had in raising of that sum, and with the present condition of the Town, and made that an excuse for the rest, insomuch as when the late King was satisfied from me of their inability, he was pleased to leave the remainder of the 8000. l. to my discretion, so as to give such an abatement as I should think fit.  
After which I continued in my command, as I remember, by the space of six months; and although I had power and authority sufficient to have required the rest, yet I was so friendly unto them, that they paying their contribution in proportion with the rest of the Country, I never pretended any occasion for the enforcement of the rest; so that of the whole sum of 8000. l. imposed, by my mediation to the King for his favour, and my Kindness and good will to that Town, I saved unto them the sum of 6000. l. or thereabouts, besides the 150. l. lent them of my own, which is to this day unpaid, for which they have made me since a very ill requital: for after that I had raised part of my Regiment, which I was to raise by my Lord marquis his commission, and had sent to the Army the 500 Foot which my Lord marquis had left me at my first taking the command of the Town upon me, and had supplied that want with part of my own Regiment raised, I received orders from the late King to send unto the Lord Paulet, who then lay before Lime, 100 of my Garrison Soldiers for his assistance, and hereupon I gave order to Captain Robert Clerk with his Officers and company to march accordingly: but the Captain not liking his march, took occasion to go to his own house not fare from the Town, so that by reason of his absence some of his Officers grew likewise out of temper, which dangerous infection did at length spread through the whole company, so that there was not a man but was tainted, unless it was the Captain's brother, who was his Lieutenant and a stout Gentleman, who in his Captain's absence willingly took the command upon him, and received orders accordingly; but (as I remember) the morning that they were to begin their march the whole company did mutiny for want of a fortnight's pay that was then behind; And in regard that such demands were unseasonably made at such a time as they were to perform their duty, I did commit some of the Officers and Soldiers who were most faulty, amongst whom was one Christopher Viccary, and had an intent to have proceeded against him as the principal mutineer at a Court of War.  
The first day being spent in this disorder, many of them who were committed did that night make suit to me for their releasement, promising that they would readily march with the rest of their company the next morning, and be thenceforth obedient to command: thereupon for their better encouragement, I gave their Lieutenant then Captain 50 l. in the head of his company, and did remit both imprisonment and the offence committed the day before: But as they marched through the Town they took occasion to complain that their Arms were not fixed, and in the middle of the Street, I following them in the Rear to see them out of Town, before my face they threw down all their Arms and would not march unless they might have such Arms as might secure their lives by doing service, and Viccary who was pardoned as I have said before, and released of his imprisonment, when I told him I would see him hanged for this mutiny, he cried out one and all, and after him the whole company did the like.  
Hereupon I commanded Viccary the second time to prison, and had a full purpose (as by Laws military I might well justify) to have made him an example. But that night also the whole company did sue to me for his release and pardon, promising that the next morning they would all march most willingly, upon which I was contented once more to enlarge him and remit his offence. And to take away all causes which might countenance such disorder, I did on the next morning before their march deliver ten or twelve muskets, out of the Magazine for so many as I found in any kind defective, and being thus satisfied (as I supposed) I marched with them again to the utmost Gate of the Town, but after I had left them, and before I was returned to my Quarters, I understood by the Lieutenant that they had thrown down their Arms within half a mile of the Town in the Highway, and resolved to march no further; and stealing back into the Town that night few of them could be found, but on the next morning perceiving the mutiney to be grown to a very great height, I commanded strict guards to be kept upon the gates and outlets of the Town, and Ensign Atherton having command of one of the Gates, and seeing Viccary, and knowing him to be the ringleader in the several mutinies, did as he offered to go through the Gate with twenty more of the Soldiers or thereabout, whom he had seduced accuse him for the mutiny in refusing to march being thereunto commanded, to whom the said Viccary made answer in these words (by god I will not go) stirring up divers of his fellow Soldiers to the like mutiny; whereupon the Ensign going about to lay hands on him, he presented his Musket at him, but being prevented by the Soldiers upon the Guard, he was brought to the Castle and there secured.  
But because the proceed against him might be with the better advice, I prayed Captain Dyer to request Sir. William Portman and Mr. Syms, two of the Deputy Lieutenants of the County to be present and assistant, who came accordingly, and did sir in the Court of war, which I called for that purpose, consisting of fifteen or sixteen Officers, at which time the Articles for mu●●●y and refusing to go upon command according to the late Kings military orders were read against the said Viccary, and was upon the oath of the Ensign and others made good against him, whereupon he had sentence of death passed upon him by a general consent, and was shortly after executed accordingly.  
For this long relation I must humbly crave your pardon for presuming upon your patience, which I have done the rather for that I may remonstrate my proceed concerning the said Viccary, which the Town of Taunton hath so much pressed against me to the hazard of my life, notwithstanding my kindness sundry ways showed towards them: and that during all the time that I was their Governor, which was fully a year, I never received for my own use any one farthing of them, either in money or in any other acknowledgements, but did make it my whole endeavour to protect them and all that was theirs from any violence. And it is also true, that I had as friendly a respect unto the Country, and having the sequestration of Mr. Alexander Pophams' Estate at Wellington, Colonel Ceelyes' Estate near Taunton, and Colonel Wens Estate in the Parish of Laurence Liddiard, assigned me by way of Sequestration towards the maintenance of my Garrison, and before any contribution of the Country were allotted unto me, I do aver, that for the space of a whole year that these several Estates were in my possession, there was not taken by my command (more than seven or eight Loads of Hay in a time of great necessity (which was on Colonel Ceelyes' Estate) and the rateable contributions with the rest of the County) the value of six pence but did protect their Tenants and servants by them appointed for the management thereof for their use and best advantage.  
Yet this fair usage notwithstanding Mr. Ceely hath commenced and prosecuted an Action against me, and obtained a Judgement for 157. l. damages, whereas intruth I did upon his wife's request in his absence suffer her to enjoy the whole benefit, except the Hay above mentioned without any substraction save the ratable contribution.  
Two other particulars I shall presume to relate to wipe off the calumny that is thrown upon me, and to leave it to your judgement, the first was this, Prince Maurice succeeding my Lord the marquis of Hertford in the command of the Western Forces, there came unto his hands (by what means I know not) a Bond for the payment of 200. l. which of right did belong unto one who he was pleased to call a Delinquent, and was due from Mr. Chaplain of Taunton, which Bond he sent in a Letter enclosed unto me, and gave me order either to receive the money for the late King's service, or to commit him to prison until he should satisfy the same: I made Mr. Chaplain herewith acquainted, and shown him the Prince's Letter, together with the Bond, he acknowledged the Debt, but made many protestations to me touching the weakness of his estate at that time, insomuch that he could not possibly pay the money, and did leave it unto me as touching his Imprisonment. I did very much pity the old man, and did bethink myself how I might in the best manner befriend him. I told him the Prince would expect to have his orders obeyed, and if I could not give him satisfaction as to the money or to the imprisonment, happily he might be sent for and put into the custody of the Marshal of the Army, and so his days by hard usage might be shortened; wherefore I wished him that he would give me leave to imprison him (for without his consent I would not do it) which the 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. Chaplain having no money, 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 Governor of the place, it was my duty to protect every man in his property as fare 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 Town upon the marquis his entry) which he was liable to repay unto his Creditors, I besought him to be favourable unto him; whereupon the Prince did return me this answer (as I do remember) That he was a stranger here, and did not know the Laws of the Country, and therefore did wholly refer the matter to my discretion; which express 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, until my messenger returned, and was so successful unto him as to save his 200. l. he hath brought hsi Action and recovered 313. l. in damages 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 Rolls in her custody, he sent Sir Samuel Caswarth a Comish Gentleman for it, with an express 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 Prince's order observed, I prayed her to fetch me the Plate, otherwise I would send for it myself: 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 again and secure it according to her trust. Mrs. Treagles Testimony followeth.  
I Frances Treagle, wife of George Treagle of Taunton, do testify that when Sir. John Stawell was Governor of Taunton, about the year of your Lord 1645. there came a Gentleman unto me, whose name I did afterwards understand was Sir Samuel Caswarth, who told me, that he came by authority from Prince Maurice to demand such Plate and Jewels, as Sir Samuel roll 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 roll by one Mr. Budd of this Town. And this I am ready to testify 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, Governor of Taunton:  
ALthough I cannot be satisfied that the Castle is tenable dgainst a strong siege, yet I would have it manned, and in order to that I would have you draw out of your Garrison, a good Captain, Lieutenant, and Ensign, with fourscore men, to maintain the same, and to victual it for three months, 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 months, to send the rest of your store to Bridgwater. I am Sir,  
Your loving friend, MAURICE. Upon the march toward Honington, June 15. eleven a clock.  
POSTSCRIPT.  
I hold not the command of the fourscore men fit for you.  
I do conceive it a very great vanity for any man to boast of his own good works, and should, with reflection upon myself 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, Do 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 judgement with me; so let me beseech you to favour me in like manner, and the rather for that the highest security the whole world affords is engaged for my Indemnity, 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 Garrisons and places of strength as were then in the late King's hands: at length about June 1645, I came unto the City and Garrison of Exeter, where I did abide, until such time as the Parliaments Army, under the conduct of Sir Thomas Fairfax, than General, came and laid siege unto it; And his Excellency summoning the Town, the Governor and his Council of War did resolve upon a Parley, and did bethink themselves of such terms and conditions as might be safe and honourable. 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 Parliament 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 Soldiers, and all other persons comprised in these Articles, shall be questioned or accountable for any act passed by them done (or by any other done by their procurement) relating unto the unhappy Differences betwixt his Majesty and the Parliament; they submitting themselves to reasonable and moderate Composition for their Estates, which the General Sir Thomas Fairfax shall really endeavour with the Parliament, that it shall not exceed two years value of any man's real estate respectively; and for personal, according to the ordinary rules, not exceeding the proportion aforesaid: Which Composition being made, they shall have Indemnity for their persons, and enjoy their Estates and all other Immunities, without payment of any fifth or twentieth part, or any other Taxes or Impositions, except what shall be hereafter charged upon them in common with other Subjects of this Kingdom, by authority of Parliament.  
By the 21 of the said Articles it is agreed, That no Oath, Covenant, Protestation, or Subscription relating thereunto, shall be imposed upon any person whatsoever comprised within these Articles, but only such as shall bind all persons aforesaid, not to bear Arms against the Parliament of England now sitting at Westminster, nor wilfully to do any act prejudicial to their affairs, whilst they remain in their Quarters; except the persons aforesaid shall first render themselves unto the Parliament, who shall cause them to be secured if they think fit.  
The 14 of April, 1646. the said Lord General Fairfax gave a Certificate under his Hand and Seal, signifying that I was in the said City at the surrender, and was to have the benefit of the Articles then agreed upon, which Certificate is in these words.  
Suffer the Bearer hereof Sir John Stawell, Knight of the Bath, who was in the City of Exeter, and is to have the benefit of the Articles agreed unto by me at the time of the surrendering thereof, with his Servants, Horse, Arms, and Goods, to pass quietly unto their several homes, and other parts in the Parliaments quarters, and from thence to London, and to enjoy and dispose of all his and their Goods, Debts and Movables (allowed by the Articles) during the space of four months' next after the ninth of this instant April, without any interruption or molestation: And if he shall not make any Composition with the Parliament during that time, and shall be resolved to departed the Kingdom within the said four Months, to go into any part beyond the Seas.  
Given under my hand and seal at Excester, the 14 day of April, 1646. FAIRFAX.  
To all Officers and Soldiers under my command, and all others whom it may concern.  
The 15 of July, 1646. I came to London, and according to an Order of Parliament, of the second of July, 1646. and within the time therein limited came before the Committee for the Militia, and there undertook, by a subscription under my hand, not to bear Arms against the Parliament, according to the meaning of the said 21 Article, and the said Order of Parliament; which Order, and the subscription thereupon, follow in these words.  
THat all persons, of what degree or quality soever, comprised within the Articles of Oxon, Exon, and all other Garrisons, that are already come to the Cities of London and Westminster, and places within the Lines of Communication, shall before Thursday next, being the ninth day of this instant Month of July, repair to Guildhall, London, and shall there, in presence of any three of the Committee of the Militia of the City of London, produce their Passes, and shall according to the Articles engage themselves by promise, not to bear Arms against the Parliament, nor wilfully do any act prejudicial to their affairs, so long as they remain in their quarters. And that all persons, of what degree or quality soever, comprised within any of the said Articles, as shall hereafter come within the said City and Lines of Communication, shall within four days after their coming repair to Guildhall, London, and shall there likewise produce their Passes, and make the like engagement. And the Committee of the Militia, or any three of them, are hereby authorized to receive the said engagement, and take the respective subscriptions of the persons; and for this purpose are to sit constantly three days in the week; viz. Mundays, Wednesdays, and Fridays, between the hour of three and seven in the afternoon. And lastly it is ordered, That such of the persons, comprised within any of the said Articles, as shall neglect or refuse to observe this Order, or do any thing contrary to the said Articles, shall forfeit the benefit of the said Articles: And this to be printed, and published by sound of Trumpet and beat of Drum; and the Committee of the Militia of London is desired to take care that this be so published accordingly.  
HEN. SCOBELL, Cleric. Parliamenti.  
The Subscription is thus certified.  
I Am commanded by the Committee of the Militia of London, to certify, That Sir John Stawell, Knight of the Bath, did promise before the said Committee, that he would not bear Arms against the Parliament, nor wilfully do any act prejudicial to their affairs, whiles he remains in their Quarters; and thereunto subscribed his name, according to the Order of Parliament in that behalf.  
Dated at Guildhall, London, the 18 of July, 1646. ADAM BANCKES, Clerk to the said Committee.  
Mr Ash having the next day after my coming to London given me a friendly visit (as I then understood it) I did a day or two before I presented my Petition to the Committee at Goldsmiths-hall, where he was Chairman, wait upon him at his Brother's House in Fanchurch-street, and did acquaint him with my purpose to petition, and prayed his furtherance therein: He did then make me acquainted with the day that the Committee sat, at which time he would not fail to be there himself, and would in all friendly manner further my business: upon my return from him that night I drew up my Petition; and I had the favour of Mr Duke Stonehouse, my Kinsman, who was then with me, and writes a better hand than myself, to write it for me, which Petition followeth in these words.  
For the Honourable the Committee for Compositions sitting at Goldsmiths-Hall:  
The Humble Petition of Sir John Stawell;  
SHOWETHS,  
THat your Petitioners Estate hath been for a long time sequestered, and himself reduced to very great wants, which being supplied by the help of his Friends, hath added much to his former Debts and Engagements.  
He humbly prays, That ye will be pleased to admit him to his Composition, according to the Articles of Exeter, and Sir Thomas Fairfax his Certiflcate, which renders him capable of that Agreement.  
And your Petitioner shall &c.  
The next day, being the 24 of July, Mr Stonehouse did me the favour to accompany me to Goldsmiths-Hall; and when I came to the door where the Committee sat, I desired the Doorkeeper to acquaint Mr Ash that I was without, and had a Petition to deliver; who brought me this Answer, That as soon as Sir Henry Berkleyes' business was over, I should be the next: about half an hour after I was called for, and none admitted who were without to come along with me: When I came in, I tendered my Petition to the Committee, and put it into Mr Ash his hands, who when he had read it, threw it down upon the Table, and said that it was a Remonstrance, and not a Petition; and put it from him with his hand towards me, as far as he could reach, for me to receive it again: whereupon I told him that I had brought that for him, and for myself I had a copy, and so left it there upon the Table. He told me that I must confess my Delinquency before I could be admitted to Composition: I told him that I came thither to compound for my Estate, and not to confess Delinquency, for that my Articles did require no such thing, and that by them my Delinquency was remitted. I did withal tell him, that I had born Arms for the King, and that I did so by his command; and I said [by his command] not that I stood upon my justification, but to entitle me to the Articles of Exeter, which do excuse me for acts done, relating unto the unhappy Differences. Then he asked me, if I had taken the Negative Oath and Covenant; I told him, no; whereupon he told me, that before I could be admitted to Composition, I must take them both: I replied, that by my Articles I was freed from taking of any Oaths; and, I well remember, that pressing upon me to take those Oaths, and to acknowledge in my Petition my Delinquency, I made him at last this Answer; Mr Ash, I have known you long, and my good Friend, and do desire to preserve you so; and for these Gentlemen that are of the Parliament (for I did not know then but that they had been so) there was very great reason that my judgement and opinion should subscribe unto theirs: but as for my Estate, it was my servant, and I had a power to command it; but my Conscience was my master, and had power to command me, and to it I must yield obedience: and since those Oaths, which you offer me, are contrary to my Articles, and repugnant to those which formerly I have taken, I desire you will excuse me, if I refuse them. Whereupon Mr Ash willed me to withdraw; And being called for again, Mr Ash told me that I was but lately come to Town, and it might be that I had not taken notice of the Negative Oath and Covenant, and therefore they would afford me some time to consider of it; but my Answer was, that I did not desire any time to consider of what was a Right which did belong unto me by my Articles, and of which if I should accept, and make them the same Answer now I do, they would say, that by the acceptation of time I had abused their expectations, which I was unwilling to do. Hereupon I was willed to withdraw, and did again attend without the door, until the Committee risen, not knowing whether they might have any thing more to say unto me; but at that time heard nothing more from them, nor at any time after, until April 12. following, at which time I received a Ticket from a messenger sent unto me, which was to appear the next day at Goldsmiths-Hall, at two of the clock in the afternoon: I did then appear, and I well remember that when I came into the room where the Committee sat, Mr Ash had left the Chair unto Mr John Stephens, and then told Mr Stephens that I had been formerly before them, and had preferred a Petition, desiring to be admitted unto my Composition; but that I had refused both to confess my Delinquency by my Petition, and to take the Negative Oath and Covenant; and that the Committee had given me time till then to consider of it: Whereupon Mr Stephens asked me, what I did say to it; I made him this Answer, That there was nothing in what Mr Ash had delivered which had the nature of a question to me, but was spoken to inform him, who was not there the day before: whereunto Mr Stephens replied, Say you so? Then Sir, by your leave I will put you a short question; Will you take the Negative Oath and Covenant or no? To which I answered, that usually Sir, to a short question I do return a short answer; but Sir, I shall not do so unto you, but make you the same Answer which I made unto the Committee the last time I was here; That I have the benefit of the Articles of Exeter, which do exempt me from taking of Oaths; and in regard they are not agreeable to such Oaths as I have formerly taken, I desire to be excused: And this was all that did at that time pass betwixt us. And hereupon they willed me to withdraw, and about half an hour after two of their messengers came to me as I was sitting without the door, and shown me a Mittimus, directed to the Sergeant at Arms, which followeth in these words.  
By the Committee for compounding with Delinquents, etc. 13 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 to keep till he conform himself thereunto, and for so doing this shall be your Warrant.  
To the Sergeant of the House of Commons, or his Deputy.  
AFter I had seen and read the Mittimus, and found myself a prisoner, I desired to speak again with the Committee, and one of the Messengers signifying so much unto them, I was admitted and spoke unto them, to this effect.  Gentlemen, I find by your Mittimus that you have made me a prisoner: I had very little before left me but my liberty, my real Estate having been under sequestration for a long time, and my personal little more than what you see. As long as I had my liberty I did communicate my wants unto my friends, and I have been helped and relieved by them: But now that you have taken my liberty from me, I desire you to consider of some maintenance that may be necessary for me. Unto which Mr. Stephens made answer, that my request was very just and reasonable, and that there should be consideration had of it; and Mr. Ash told me, that though Mr. Stephens should forget it, he would not; and so with my thanks unto them for that promise, I left them: In all which several times both of my first and second coming before them, my behaviour was not otherwise then might become a modest man, and persons of their place and quality, as is testified hereafter by the testimony of Gentlemen of honour and worth of the same Committee, and the rest: Notwithstanding the Committee made this order. 
At the Committee for compouning, 13 of Aug: 1646: Goldsmiths Hall.  
SIr John Stawell appeared, and refused to take the Negative Oath, and Covenant.  
Ordered that Mr. Stephen's report his carriage to the House, and that he be committed to the Sergeant at Arms, and Mr. Stephens to report his desire for an allowance of maintenance.  
John Leech:  
Mr. Stephens within few days after makes his report, and it may easily be gathered from a testimony under Mr. Ash his hand, what it was, and from whom he received his instructions, being not present himself the first time that I appeared before the Committee, as he doth confess by his Deposition taken in the high Court of Justice; which testimony of Mr. Ash followeth in these words.  
THat I do not remember the precise day of the month when Sir John Stawell first appeared before the Committee at Goldsmith's Hall; But this I well remember, that it was about four days before the four months limited by the Articles of Exeter were expired.  
That I do not remember the precise words contained in that paper, which Sir John Stawell then presented to the Committee for his Petition; but I do remember that the Committee did reject the said paper, telling Sir John Stawell, that it was a Remonstrance, not a Petition, wherein he rejected the Parliaments mercy offered him in the Articles, and did put a contempt upon the Authority of the Parliament.  
That I do not remember the very words contained in the said paper, and which Sir John Stawell then spoke at the delivery thereof unto the Committee; yet I do remember that the sense and substance of both was to this effect; viz.  
THat the Parliament had seized and sequestered his Estate, or had taken it away by force, for doing his duty to the King, as by the Law, and several Oaths which he had taken, he was bound to do; and that he could not have his Estate again, unless he gave that Committee money to redeem it. That he was a person in debt, and his debts were much increased since his Estate was taken from him by the Parliament, by which means he was disabled to pay the Committee much money. Notwithstanding, if they could accept of what he could procure, he would then compound with them for the redemption of his Estate.  
That the Committee did then advise Sir John Stawell to submit unto the Authority of Parliament, and to petition for his composition as others had done, and not to expose his person and his estate to the will and pleasure of the Parliament, and not to reject their mercy contained in the Articles of Exeter, to which he had a right, in case he did submit thereunto; and thereupon the Committee advised Sir John Stawel to take further time of consideration, hoping that at his next appearance he would be better advised, and yield submission to the Authority of Parliament, and conform to the rules of that Committee.  
That when Sir John Stawell next appeared before the Committee, which was about three days after the four months limited by the Exeter Articles were expired, instead of submitting to the Committee as was expected, he was higher in his expressions then at the first; upon which the Committee, upon his refusal of taking the Negative Oath, committed him to the custody of the Sergeant at Arms, until the whole matter and manner of Sir John Stawells behaviour should be reported to the Parliament.  
That in short time afterward Mr. John Stephens, a Member of that Committee, did report the same unto the House of Commons, and in that report informed the house that the opinion of that Committee was, that Sir John Stawell had slighted and contemned the Authority of the present Parliament, and forfeited their mercy contained in the Articles of Exeter.  
That the Parliament, upon this report made by Mr. Stephens, ordered Sir John Stawell to be brought to the Bar, to hear and receive this charge, and the sense of the House thereupon.  
That when Sir John Stawel came into the House, being brought in by the Sergeant at Arms, he was told by the Speaker, that he was a Traitor, or a Delinquent, and therefore was required to kneel at the Bar; Sir John Stawell made him some cross grumbling answer, what the words were I do not remember; but refused: But the Speaker having three times required him to kneel, and Sir John Stawell still refusing, the Sergeant at Arms was required to take him away, which he did accordingly, and thereupon the Speaker did not then give him his charge.  
That Sir John Stawell having contemned the Authority of Parliament, the House committed him to Newgate as a Traitor, and in shorttime after, ordered that he should be proceeded against as a Traitor.  
John Ash.  
This is a true Copy.  
Tracy Pauncefote, Register  
THese Contents were signed by Mr. Ash, and sent to the high Court of Justice as evidence against me, and are now remaining in the Court of Articles in the same individual paper which he subscribed. So that from hence it may easily be inferred, that all my wrongs and sufferings have flown from Mr. Ash his construction of my Petition to be a Remonstrance, and that therein I had refused the Parliaments mercy, and put a contempt upon the Authority of Parliament: and from Mr. Stephen's his report, the substance of which he took upon credit, that it was the sense of that Committee, that I had slighted and contemned the Authority of the present Parliament, and forfeited their mercy contained in the Articles of Exeter, Upon this no man but will say, that the Parliament had good cause to send for me to their Bar, and to question me for my former Engagements, since they were told that I was in contempt of their Authority, and had forfeited their mercy contained in the Articles, which were my only security: And being brought unto the Lobby about nine of the clock in the morning, I was put into a little dark corner upon the left hand of the entering in of the outermost door, my two Keepers attending without the door, and suffering none to come in unto me, but Mr. Ash; who during the time of my being there, which was betwixt nine and three in the afternoon, was with me four or five several times, and seeming in all his discourse very much to condole the sadness of my condition. I very well remember that the last time that he was with me, he spoke to me in these words.  
Master, you told me the other day when I was with you, that your Composition would go hard with you for that Deans and Chapters lands are exposed unto sale, at tenyeers' value, you having not money in your purse to pay your composition, must sell your Fee-simple lands according to that rate. If it please you for to take 4000 l. for Aubury, I will help you to a Chapman that shall give you the money.  
Whereupon I told him, that he did not offer me half that it cost me; he told me that he did, for that I had told him that the purchase did stand me but in 8000 l. I told him that it stood me upon the point of 9000 l. ready money: But now I understand from whence all my troubles do arise, and of those commandments which God had made, he that did break the least did break them all; and therefore in coveting what did belong to another, he was a very great sinner. But I told him that herein I would befriend him, that however he might covet Aubury, yet I would promise him he should never have it; whereupon Mr. Ash replied, nay, you were best to say that I spoke to you for Aubury; if you do, I protest I will deny it: unto which I replied, Sir, be assured that if I shall think fit at any time to charge you with it, I will aver it with so much confidence and truth, that you shall not dare to deny it; then he said unto me, Sir, I perceive you grow angry, and it is time to leave you, and so went, as I suppose into the house: and within a quarter of an hour after I was called to the Bar, which was upon the 18th day of August, 1646. And being commanded to kneel, I prayed, that before I received any mark of their displeasure, I might know my offence; and was thereupon committed to Newgate, and prosecution was ordered to be made against me at the next Assizes in Somersetshire, in the years 1647. & 1648. and afterwards at the Upper Bench, as by these following Resolves, and the Order for my Commitment, appears.  
Die Martis 18. Augusti 1646.  
Sir John Stawell being brought by the Sergeant to the Bar, and by Master Speaker commanded to kneel, refused, desiring first to be informed what was his offence. He was thereupon commanded presently to withdraw.  
Resolved,  
THat Sir John Stawell be forthwith committed prisoner to Newgate for High Treason for levying War against the Parliament. Ordered that the Sheriffs of London and Middlesex be required to take special care, That Sir John Stawell committed by warrant of this House Prisoner to Newgate for high Treason for levying war against the Parliament, be kept in sure and safe custody.  
Upon which Order a Mittimus was drawn up under the Speakers hand, which followeth in these words.  
BY Virtue of an Order of the House of Commons, These are to require you to receive from the Sergeant at Arms, or his Deputy, the Body of Sir John Stawell Knight of the Bath into the Prison of Newgate in London, and him there to detain in safe Custody as your Prisoner, until the pleasure of the House be signified to you to the contrary; He being committed for High Treason for levying War against the Parliament: And for so doing this shall be your warrant,  
dated 18. Augusti 1646. William Lenthall Speaker.  
To the Keeper of the Prison of Newgate in London.  
Ordered,  
THat Master Palmer, Master Walker, Master Harrington, Master Serle, Sir Thomas Wroth, Master Blague, and Colonel Popham, or any two of them, do take care that there be a Prosecution and an Indictment prepared against Sir John Stawell at the next Assizes to be holden for the County of Somerset for High Treason, for his levying War against the King, Parliament, and Kingdom of England.  
Die Lunae, 28 Feb. 1947.  
Ordered,  
THat Master Maynard, and Master Hill do take care of the Indictment against Sir John Stawell at the next Assizes for Somerset.  
Die Mercurii 14. Martii 1648.  
REsolved by the Parliament, That Sir John Stawell Knight be proceeded against for life in the Upper Bench.  
Hen. Scobell Cler. Parliamenti.  
And now having nothing left me to save either life or estate, but by way of Petition to make my cause known unto the Parliament, and having told Master Ash when I came out from the Bar, that I hoped that in regard they did not admit me to speak, they would not be displeased at my address by petition: Upon this hint of my purpose, Master Ash came unto me three or four days (as I remember) after my commitment to Newgate: And after that he had expressed seemingly a great deal of sorrow and trouble that his good Master (for so he called me) was in so sad a condition, he offered me his service to do what possibly lay in his power; and since there was nothing more seasonable for me then good advice, he did earnestly desire me to apply myself very humbly to the Parliament by Petition. I told him that his advice & my own resolutions did very well agree, and that I did intent to do so. Whereupon he told me that he had a very earnest request unto me, and prayed me that I would not deny it, which was, that he might have the honour to prefer my Petition for me; And if it were so that I would trust him with it, if he did not give me a very speedy account thereof, and that he did not use his utmost endeavours to accomplish so much as I should therein desire, he would give me leave wheresoever I saw him, or spoke of him, to say, My servant Ash was an arrant knave. I told him, that although I did intent to deliver a Petition, yet it was not my purpose to have troubled him with it; but since he had so friendly invited me thereunto, he should have it. He prayed me speedily to draw it. I told him that I would. He told me then he would come the next morning to me for it, and accordingly he did so; but not liking the Petition, for that I had expressed therein, That I had the benefit of the Articles of Exeter; and that I had accordingly submitted unto my composition; and that I was refused only for denying to take the Negative Oath & Covenant, and thereof re did pray that I might be referred unto my Composition, and restored to my Liberty. He told me that this Petition did too much expostulate with the Parliament (for so he termed it) that was highly displeased with me; and that I should not petition in that way, but draw up an humble Petition, that should show that I was very sorry that I had incurred their displeasures in refusing to kneel when they commanded me, and to excuse that offence in the best manner that I could, and to beg their pardon for the same. And this he told me would be sufficient to take off the Prosecution of my Indictment, which was the first thing in order to be done, the Assizes being so near at hand in the Country. Whereupon I sent another Petition to him, which by his Letter written to me he seemed very well to approve of; but yet although I did very often solicit him by my Wife and Friends, to put him in mind to prefer the same, he never delivered it to this day, nor did ever come near me after that time: which Petition followeth in these words.  
To the Right Honourable the Commons assembled in Parliament.  
The Humble Petition of Sir John Stawell, Prisoner in Newgate.  
WHereas your Petitioner by Command lately attended this Honourable House, and being brought to the Bar, was enjoined to kneel, which your Petitioner forbore to do, 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 prays may be forgotten, but be pleased in the midst of judgement to remember mercy.  
And your Petitioner shall pray, etc. 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 several 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 Murder, for the kill of Osborne at Marshal's Elm, and the other for the Execution of Viccary, when I was Governor of Taunton, many of the Grand Jury being the Inhabitants of Taunton, & such who had recovered judgements 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 than King's 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, Entitled, An Act for relief of all such persons as have been, or shall be sued, molested, or any way damnified, 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 myself to that Court by Petition, which was read the 10th. of July 1649. And was in these words.  
To the Right Honourable, 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 ways damnified, contrary to Articles or Conditions granted in time of War.  
The Humble Petition of Sir John Stawell, Prisoner in Newgate,  
Shows,  
THat the Articles made upon the Surrender of Exeter, dated 8. Aprilis 1646, and a Pass from the Lord General Fairfax, dated the 14th. of the same month (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 Arms against the Parliament, as by that Order, and the Intention of his Articles was required.  
That the 24th. of the same Month of july, he preferred a Petition in person to the Committee of Goldsmith's 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 refusal.  
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 july 1646. The Certificate of the Clerk of the Committee of the Militia of London, The Petition to the Committee of Goldsmith's Hall, and the several Warrants to the Sergeant at Arms, and Keeper of the Prison of Newgate.  
That during his imprisonment in Newgate, which hath been near three years, he hath been indicted several times for Treason, and other crimes, and two several mornings arraigned for his life. And many Actions have been prosecuted against him, and Judgements 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 threatened 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 spoil 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 near 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 precious and unvaluable.  
That he hath not since the Articles granted unto him taken up Arms, or otherwise been engaged 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 Arms against the Parliament, and not wilfully do any act prejudicial to their Affairs whilst 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 passed 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 General undertook to endeavour really with the Parliament, that it should not exceed two years value of any man's real Estate; and for personal, according to the ordinary rules, not exceeding the proportion aforesaid: which Composition being made, he was to have Indemnity 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 Kingdom 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 refusal of the same, and imprisonment for that cause, and all the aforesaid proceed 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 Goldsmith's 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 prays 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 Oaths 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 employed to the use of the Parliament near three years since his Petition for Composition was preferred, which far exceeds two years 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 proceed, 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 Bail to attend and follow his business from time to time whilst 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 proceed 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 months, and then ended by expiration only.  
The 20th day of March, 1650. the high Court of Justice was established, and the 9th. day of July following, there was published a special Act for trial 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 july 1650. I was by order of the said high Court removed from Newgate to the Tower of London, in order to my trial.  
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, Murder, Felony, and other high Crimes and Offences exhibited to the high Court of Justice, by Edmund Prideaux, Esquire, Attorney General of the Commonwealth of England, for and on the behalf 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 traitorous and wicked design to destroy the Parliament and people of England, and to subvert the fundamental laws and government of this Nation, hath several times in several years of our Lord, one thousand six hundred forty two, one thousand six hundred forty three, one thousand six hundred forty four, one thousand six hundred forty five, and one thousand six hundred forty six, in divers and sundry places traitorously and maliciously levied and prosecuted a cruel and bloody war in this Land, on the behalf 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 year of our Lord one thousand six hundred forty and two, did in an hostile manner at, or near a place called Marshalli Elm in the said County of Somerset, with many armed men horse and foot, rebelliously and traitorously levy actual war against the Parliament of England, and did with the said warlike Forces commit divers and sundry Murders, Outrages, Cruelties, Burn, 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 warlike Forces traitorously levy war, fight, and join battle against the Forces of the Parliament and people of England; In which said fight, or fights, battle, or battles, he the said Sir John Stawell, alias Stowell, with the said warlike Forces did traitorously and maliciously kill, slay, and murder many of the people of England; and particularly on the said first day of March, in the said year of our Lord one thousand six hundred forty two, at Marshal's Elm aforesaid, did traitorously, feloniously, and of his malice forethought, kill, slay, and murder one Robert Oseborne, late of Taunton in the said County of Somerset Gentleman, and divers others: And further, that he the said Sir John Stawell, alias Stowell, the last day of April, in the year of our Lord one thousand six hundred forty and four, at, or near the Town of Taunton in the said County of Somerset, feloniously and of his malice forethought, did kill and murder one Christopher Viccary, late of Taunton aforesaid, in the said County of Somerset, Yeoman. All which Treasons, Murders, Felonies, Crimes, and Offences of him the said Sir John Stawell, alias Stowell, were and are against the public peace, the Parliament and people of England. And the said Attorney General by protestation saving to himself, on the behalf 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 premises, or any of them, or to any other charge that shall be so exhibited, doth for the said Treasons, Murders, Felonies, Crimes, and Offences, on the behalf of the said Keepers of the liberty of England, impeach the said Sir john Stawell, alias Stowell, as a Traitor, Murderer, Felon, and public enemy to the Parliament and people of England; and prayeth that he may be put to answer all and singular the premises, that such Examinations, Trials, Sentence, and Judgement may be thereupon had, as shall be agreeable to Justice:  
Edmund Prideauxs.  
To which I pleaded,  
1. That I was not liable to that Charge read against me by the said Act directing my trial; 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 special matter; and if that should have fallen out against me, They likewise gave me liberty to plead the general Issue: and after many days solemn hearing and debate thereupon, the said high Court did not think fit to proceed to Sentence, but to certify my case to the Parliament, which Certificate was in these words.  
Tuesday the 6th of May, 1651.  
To the supreme Authority the Parliament of the Commonwealth 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 Commonwealth, 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 accountable 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 in Parliament of the second of july, 1646. And did also personally appear within four months after the said Articles, and present a Petition to the Committee of Goldsmith's Hall for composition 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 honourable Parliament.  
At the high Court of justice in the Painted Chamber, the 29th. of April, 1651. 

Richard Keeble,  
Francis Thorpe,  
john Green,  
William Rowe,  
William Steel,  
john Sadler,  
john Harrison,  
William Underwood,  
Thomas Cook,  
Samuel Sheffeild,  
john Hurst.  
Georg Manley,  
john Blackwell,  
john Parker,  
Thomas Ayres,  
Owen Rowe,  
Cornelius Cook,  
John berner's,  
Samuel Moyer,  
William Weston,  
John Stone,  
Georg Langham,  
Nathaniel Whetham.    
This Certificate was enclosed in a Letter to Mr. Speaker, dated the 29th. of April, 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 business of Sir John Stawell, who stands referred to them by the Parliament to be tried, which have held several debates which have produced the Result contained in the paper enclosed; 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 june, 1651.  
The 16th. of july, 1651. my Estate was adjudged by Act of Parliament to be sold, and my name accordingly inserted in that Act for sale, entitled an Act for sale of Lands and Estates forfeited to the Commonwealth for Treason.  
In February after the passing of this Act I did address myself unto the Parliament by Petition, for my relief, which I put into Mr. Garlands hands, and followeth in these words.  
To the Supreme Authority the Parliament of the Commonwealth of England.  
The humble Petition of Sir John Stawell, Prisoner in the Tower.  
Shows,  
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 years lain under the weight of your displeasures, not only by the sequestration of his Estate, and a long and sad Imprisonment, but by the prosecution of his life upon several Indictments; and lastly, by a trial before the high Court of Justice.  
Your Petitioner humbly prays 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 judgements, Sales, or Encumbrances, 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 employed to the use of the Commonwealth, near six years since his Petition for Composition was preferred, which far exceeds two years value of his Estate, which was the utmost penalty the said Articles charged on him for a Composition.  
Lastly, though principally intended, he humbly prays that himself, together with his two Sons, John Stawell, and Edward Stawell, may be restored to your favours and good opinions, having not acted any thing to your disservice since the date of the said Articles. And however though some unhappy mistake when he first preferred his Petition for Composition, have been the occasion of all his sufferings, yet he hopes the effects of them will not be permitted in your wisdom and justice absolutely to ruin him.  
And your Petitioner shall ever pray, etc. John Stawell.  
THe 29th. of September, 1652. an Act was printed and published, entitled an Act for renewing of a former Act for relief of persons upon Articles, and Commissioners nominated therein for that purpose.  
At the time of the passing of this Act, there were tendered two Prouisoes, the one of the 28th. of September, 1652. the other the day following, which were in these words.  
Tuesday the 28th. September, 1652.  
An Act for reviving a former Act for relief of persons upon Articles, was this day read the third time.  
A Proviso was tendered to this Act in these words; viz. Provided that this Act, or any thing therein contained, shall not extend, nor be construed to extend to prejudice, altar, or make void any resolution, votes, or judgements given in the Parliament touching any the Articles aforesaid, or any persons claiming thereby. Which Proviso was read the first and second time, and the Question being put that this Proviso be part of this Act, it passed in the Negative: Resolved that the Proviso be rejected.  
 
Vera Copia.  
Henry Scobell Clerk of the Parliament.  
Wednesday the 29th. of September, 1652:  
The house resumed the debate upon the Bill for reviving the former Act for relief of persons upon Articles.  
ANother Proviso was tendered to this Bill in these words. Provided always and be it hereby enacted and declared, that no real or personal Estate which hath been settled, conveyed, or assured to any person, or persons, by virtue of any Act, Ordinance, or Order of this present Parliament shall be made null, vacated, or otherwise determined or disposed of by the Commissioners named in this Act, or by their Authority, but that if they shall see cause of restitution by virtue of Articles subject unto their Cognizance, they make a Ward not in Specie against the particular person or persons upon whom such Estate or Estates be settled, conveyed, or assured, but in value to be satisfied by such other Lands or Revenue, as the Parliament shall direct any, thing in this Act, or the former which is hereby revived, to the contrary notwithstanding. And the Question being put, that the Proviso be read a second time, It passed with the Negative.  
 
Vera Copia.  
Henry Scobell Clerk of the Parliament.  
BUt these Prouisoes, tending to the limitation of that benefit which the house was most honourably pleased to grant and allow to such persons as should claim relief by Articles, were both rejected: And it was resolved upon the Question in the Negative; which I humbly pray may be specially observed.  
The 14th. of October following, I exhibited my Petition to the said Court, which followeth in these words.  
To the Honourable the Commissioners for relief upon Articles of War.  
The humble Petition of Sir John Stawell, Prisoner in the Tower,  
Sheweth,  
THat he was in the Garrison of the City of Exeter, and was comprised in the Articles made the 8th. of April 1646. and afterwards confirmed by the Parliament for the surrender of the same.  
That by the 12th. of the said Articles it was agreed, that no person comprised in the said Articles, excepting those who were by name excepted by Parliament from pardon and composition (under which exception he was not) shall be questioned or 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 then General Sir Thomas Fairfax was really to endeavour with the Parliament that it should not exceed two years value of any man's 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 5th. or 20th. part, or any other Taxes or Impositions, except what should hereafter be charged upon them in common with other Subjects by authority of Parliament.  
That by the 21th. Article it was further agreed, That no Oath, Covenant, Protestation, or Subscription relating thereunto, shall be imposed upon any person whatsoever comprised within the said Articles, but only such as shall bind all persons aforesaid not to bear Arms, or Act against the Parliament of England sitting at Westminster, or wilfully do any Act prejudicial to their affairs whilst they remain in their Quarters.  
That he had a Certificate under the hand and scale of the then General, dated the 14th. day of April 1646. signifying that he was in the said City at the time of the surrendering thereof, and was to have the benefit of those Articles.  
That upon the 15th. day of July 1646. he came to the City of London, to make his Composition, and according to an Order of Parliament of the 2d. of July 1646. repaired to the Committee of the Militia of London within the time limited by the said Order, and before them undertook by a subscription under his hand not to bear Arms or act against the Parliament, as by that Order and the intention of the said 21th. Article was required.  
That upon the 24th. of the same month of July he preferred his Petition in person to the Committee of Goldsmith's Hall for compounding with Delinquents, desiring to be admitted to his Composition according to the said Articles; But was not admitted thereunto in regard he refused to take the Covenant and Negative Oath; And on the 13th. day of August 1646. was by Order of the said Committee, for such his refusal only, committed to the custody of the Sergeant at Arms, and kept prisoner in Ely House; And on the 18th. day of the same August being sent for as a Delinquent before the House of Commons, was from thence committed to the prison of Newgate during the pleasure of the House for high Treason, and levying of war against the Parliament, where he continued prisoner almost for the space of four years before his removal to the Tower.  
That during his Imprisonment in Newgate he hath been indicted several times for Treason and other crimes, and two several mornings arraigned for his life at the than King's Bench Barr; And many Actions have been prosecuted against him, and judgements had upon divers of them, to the value of near 7000 l. in damages; And all these for Acts done by him relating to the late unhappy differences betwixt the late king and the Parliament, and before the date of the said Articles.  
That in July 1650. he was by Order of the High Court of justice removed from Newgate to the Tower of London, and there kept in close custody for some months; And on the 17th. day of December 1650. and divers days after brought before the said High Court, and tried for his life, and after many day's trial, the examination of several Witnesses, and a very strict search and enquiry into all actions, and the performance of the Articles on his part, the said High Court did not think fit to proceed to sentence, but to certify the Parliament of their proceed, as by the Copy of the said Certificate hereunto annexed may appear.  
That ever since the said Trial he hath continued prisoner in the Tower, and from the time of granting the said Articles (being almost seven years since) his estate hath been kept under Sequestration, whereby, and by the increase of his Debts, the waste and felling of his Woods and Timber, and spoiling his Houses, and the taking away of all that little that the War had left him, and which was by the said Articles preserved unto him, He hath suffered the loss of near 30000 l. in his estate, out of which he hath not been allowed any thing towards his subsistence, besides what he hath suffered by a sad and tedious Imprisonment, and hazard of his life by the aforesaid Indictments and Prosecutions.  
That by an Act of Parliament passed on the 16th. of July 1651. his Estate amongst divers others was declared and adjudged to be forfeited by him for Treason against the Parliament, and the same hath been since sold accordingly.  
That he hath not (neither any of his sons or Servants have) since the granting of the said Articles, taken up Arms, or otherwise been engaged in any Act of hostility against the Parliament, neither hath he by any default of his forfeited or lost the benefit of the said Articles, or Conditions granted unto him, but hath in all things within his power conformed to the said Articles, by submitting to Composition in due time, and by a subscription and Engagement not to bear Arms, or Act against the Parliament.  
Wherefore your Petitioner humbly prays, that you will be pleased to cast your eves upon the annexed Certificate of the High Court of Justice, attested under Master Scobells' hand: And that, as by the blessing of God, the Justice of that Honourable Court, the benefit of the said Articles, his life hath been hither unto preserved, so the Liberty of his person, and the possession of his estate may be granted unto him, discharged of such Judgements, Sales, Executions, or Encumbrances, as are contrary to the intent and true meaning of the said Articles; And also that by the mediation of your favours, he may enjoy his Estate free from Composition, in regard that the profits of his Lands, the benefit made of his Wood and Timber, and much of his other Losses, have been received and employed to the use of the Commonwealth almost seven years since his Petition for Composition was preferred, which fare exceeds two years value of his Estate (which was the utmost penalty the said Articles charged on him for a Composition;) And if this his humble request shall not find favour in your sight, Then he further prays, that he may receive from this Honourable Committee such justice and right as shall be agreeable to his Articles, and the several Acts of Parliament established for his relief.  
And your Petitioner shall, etc.  
To this Petition the Counsel for the Commonwealth attending the said Court, and the Counsel for the trusties for Sale of Delinquents Lands, put in their several Demurrers, which follow in these words.  
The Plea and Demurrer of Edmund Prideaux, Esquire, Attorney General for the Commonwealth of England, to the Petition of Sir John Stawell.  
THe said Attorney General (not confessing any the matters in the said Petition contained to be true, in such manner and form as the same are therein set forth; The whole Scope of the said Petition of the said Sir John Stawell being to seek relief upon the Articles made the eighth of April 1646. upon the Surrender of Exeter; (within which Articles, as by the said Petition is supposed, he the said Sir John Stawell was and is comprised) as to the Liberty of his Person, and Possession of his Estate) for Plea thereunto saith, That inasmuch as in and by the said Petition it doth appear that he the said Sir John Stawell was committed by the House of Commons (thereby meaning) as is conceived) the Commons of England assembled in Parlia.) to the Prison of Newgate, during the pleasure of the House (thereby again meaning) as is also conceived) the said Commons of England assembled in Parliament) for High Treason in levying war against the Parliament: And for that it also appeareth in and by the said Petition, That by an Act of Parliament passed the sixteenth day of July 1651. The Estate of the said Sir John Stawell (amongst divers others) was declared and adjudged to be by him forfeited for High Treason against the Parliament; And the said Estate so adjudged forfeited, hath been since sold and disposed of, in pursuance, and by virtue and authority of the said Act of Parliament: Thereupon the said Attorney General doth demur in Law upon the said Petition, and doth demand the judgement of this Court, if this Court hath Jurisdiction, or may or aught to hold Plea, or take conusance of the said matters in the said Petition contained; And the rather for that it doth not appear in or by the said Petition, that the said Commons of England assembled in Parliament have declared their pleasure as touching the imprisonment of the said Sir John Stawell for the Treason aforesaid; And the Parliament of England having by the aforesaid Act (in which all the people of England, and their consents thereunto, are involved and included) adjudged the said Sir John Stawell to have forfeited his Estate for High Treason, and for that the same is forfeited as aforesaid; And the said Judgement being now fully executed, and the Estate of the said Sir John Stawell in fact sold and disposed of by, and according to the said Act of Parliament; The said Attorney General further saith, That no Subordinate, or Delegated Court or Authority whatsoever, hath power to examine the cause of the aforesaid Judgement; Nor is the said Judgement to be reversed or annulled, but by immediate power and authority of Parliament, and is not, nor can be transmitted to any other Judicature whatsoever; Nor can, nor ought it to be supposed that the aforesaid Judgement is or hath been given in breach or violation of any Articles confirmed by Parliament, in the observation, or violation of which Articles, the Faith of the Army, and Honour and Justice of the Nation of England is so highly concerned; Neither ought this Court (as the Attorney General humbly offereth) to admit the aforesaid Act of Parliament, and the proceed thereupon had, to be drawn into examination; for that were to sit in Judgement upon the Parliament, and to judge their Actions; For all which Causes, and other apparent insufficiencies and imperfections in the said Petition contained, the said Attorney General doth likewise demur in Law, and doth demand judgement of the Cou●●, if any further proceed shall be had upon the said Petition, as to the imprisonment of the said Sir John Stawell, and the restitution unto him of his Estate so forfeited by him, and sold and disposed of as aforesaid, or any part thereof.  
Delivered into the Court by Mr. Hurst the 10th. of Novem. 1652. 

Edmund Prideaux,  
Tho: Widdrington,  
john Green,  
Barth. Hall,  
john Hurst.    
A true Copy  
Tracy Pauncefote Registr.  
To the Honourable the Commissioners for Relief upon Articles in time of War.  
WHereas by your Orders of the sixth and tenth of Novem. instant, the trusties appointed by Act of parliament of the sixteenth of july 1651. for Sale of Estates forfeited to the Commonwealth for Treason, were to show cause in writing why all further proceed touching the Sale of Sir john Stowells Estate (if any thing remain to be done concerning the same) should not be stayed till further order and direction from you.  
In answer whereunto by their Counsel, they return this for cause, That by the aforesaid Act of Parliament, the Estate of Sir John Stowell amongst others is declared and adjudged to be justly forfeited by him for his Treason against the Parliament & People of England, and is thereby vested and settled in the said trusties and their heirs in order to be sold for the benefit of the Commonwealth: That accordingly and in pursuance of their trust they have sold all Sir John Stowells estate; some part to the tenants themselves (who thereby have drowned their estates) other parts to others upon doubling their Public faith Bills, & most of the Purchasers are in possession. That this being done by Act and Authority of Parliament, ought not (as they humbly conceive) to be questioned or reversed by any derivative Authority whatsoever. And therefore the said trusties do demur in Law, and pray the Judgement of this Court, if this Court hath Jurisdiction, or may hold Plea of this cause: For Plea they say, that by the last proviso in your Act, power is given you to stay sale of estates of such persons as have not Articles confirmed by Parliament, whereas the Articles which Sir John Stowell claims benefit of, are confirmed, as in his Petition is alleged.  
They further say, for that it appears that the first Act authorising this Court to give relief upon Articles, did determine the twentieth of June One thousand six hundred and fifty, and that the Parliament of England, by an Act passed the ninth of July following, did direct the trial of Sir John Stowell by the High Court of Justice for Treason: And also by the aforesaid Act of the 16th. of July 1651. did adjudge his estate to be sold, which Judgement is fully executed by the sale thereof, according to the said Act. Therefore it shall be presumed, the Parliament did the same upon most just grounds, and the cause of their Judgement is not to be examined; Nor is their said Judgement to be reversed or annulled but by immediate power & authority of Parliament; for all which causes the said trusties by their Counsel do demur in Law, and demand Judgement of the Court, if any further proceed shall be had therein  
Delivered by Master Graves, 24to. Nou. 1652. J.W. Rich. Graves, Counsel for the said trusties.  
A true Copy.  
Tracy Pauncefote Registr.  
These Demurrers were solemnly argued before the said Court and overruled, as appears by this following Order; at the making whereof 26. Commissioners were present.  
Exchequer Chamber, Westminster. Friday the 31th. of December, 1652.  By the Commissioners appointed for Relief upon Articles granted in time of War. 
UPon large and deliberate debate of the Petition of Sir John Stawell, prisoner in the Tower, wherein he claims the benefit of the Articles made upon the surrender of Exeter, and confirmed by Parliam. contrary to which Articles (as he allegeth) he hath not only suffered a long Imprisonment, and undergone several trials for his life, but Judgements are obtained against him to a great value, for things done in time of, and in relation to the late War, and before the date of the said Articles; And his Estate since sold by the trusties for sale of Lands forfeited for Treason: Whereupon he prays relief, having no way (as he saith) lost or forfeited the benefit of the said Articles; unto which Petition several Pleas and Demurrers have been put in by the Counsel for the Commonwealth, and for the said trusties, the effect whereof is; It appearing that the Parliament hath interposed in the case of the Petitioner, both in respect of his Imprisonment, and in appointing trials for his life, and the selling of his Estate, as by them judged to be confiscated for Treason: Therefore to his Imprisonment and possession of his Estate, it is pleaded, that this Court could not take Cognizance of the Complaint, or examine or give any relief thereupon; which Pleas and Demurrers remaining upon record in this Court, with the debates had thereupon: The Court having taken into their serious consideration, and the power and trust committed to them by the Parliament, in and by their several Acts for doing Justice in cases of this, and the like nature, after mature deliberation had and taken of the premises, are of opinion, that the said Pleas and Demurrers which for present admit the state of the Fact to be such as in the Petition is declared, do not contain in themselves sufficient matter to preclude this Court from proceeding in this cause, and do therefore resolve and adjudge that the said Pleas and Demurrers be overruled and set aside. And it is further ordered, that Mr. Nuttley, the Solicitor attending this Court, do acquaint the Council for the Commonwealth, and the said trusties with this resolution; to the end they may set forth such other cause as they have to allege (if there be any on the State's behalf) by way of Plea or answer to the said Petition, which the Court holds fit to be done, and delivered into Court by, or before Friday, being the fourteenth day of this instant January, that such further proceed may be had in the said cause, as shall appertain to Justice.  
Tracy Pauncesote, Register.  
IN pursuance of this order the Council for the Commonwealth and for the trusties put in their several answers, and also divers of the Purchasers; and Replications put in by me thereunto: the answers of the Commonwealth, the trusties, and the several purchasers were in these words.  
The Answer of Edmund Prideaux Esquire, Attorney General for the Commonwealth of England, to the Petition of Sir John Stawell.  
THe said Attorney General saving and reserving to himself now and at all times, hereafter all and all manner of advantage by way of exception, or otherwise to the uncertainties, untruths, and insufficiencies in the said Petition contained, For answer thereunto, saith, that he the said Attorney General knoweth not that the said Sir John Stawell was comprised within the Articles in and by his said Petition mentioned and alleged, to have been made upon the surrender of the City of Exeter, the eighth day of April, in the year 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 months before the date of the said Articles; and the said Attorney General 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 alleged; yet the said Attorney General knoweth not that he the said Sir john 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 john Stawell hath not well and truly performed such of the said Articles as on his part and behalf were and aught 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 john 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 alleged. And the said Attorney General further saith, that by the said Sir John Stawels own showing in and by his said Petition it doth appear, 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 General further saith (which also appeareth by the said Sir john Stawels own showing in and by his said Petition; that by an Act of this present Parliament, passed on the sixteenth day of july, 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 General 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 virtue 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 john Stawell to have forfeited his Estate for high Treason as aforesaid; and for that the same is forfeited, and the said Judgement of Parliament now fully executed; And the said Estate of the said Sir john Stawell in fact sold and disposed of, by virtue of, and according to the said Act of Parliament as aforesaid. The said Attorney General further saith, that it neither can, nor aught to be supposed, that the aforesaid Judgement is, or hath been given in breach or violation of any Articles confirmed by Parliament, in the observation or violation of which Articles, the faith of the Army, and 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 john Stawell guilty, and his Estate to be forfeited as aforesaid. And the said Attorney General neither can, or aught to undertake to ascertain the same: Neither can this Court be informed of the same without consulting the Parliament, or until their sense and pleasure be known therein; without that, that any other matter or thing in the said petition contained, material or effectual 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 General is, and will be ready to aver, justify, maintain, and prove, as this honourable Court shall award. And therefore humbly prayeth, that the said Petition may be dismissed, etc.  
Delivered by Master Nutley January 28. 1652. 

Th. Widdrington.  
Edm. Prideaux.  
Barth. Hall.  
John Green.    
The Answer of the trusties appointed by Act of Parliament for sale of Delinquents Estates, to the Petition of Sir John Stawell.  
THe said trusties (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 john 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 trusties, their Heirs and Assigns, 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 john Stawells Lands (and other the Traitor's Lands by the said Act appointed to be sold) The said Act doth direct, that the sum of two hundred and fifty thousand pounds should be borrowed for the necessary carrying on the service of this Commonwealth. That for the encouragement of such persons who should be the Purchasers of the said Lands or any part thereof, It is further enacted, that they, their Heirs and Assigns, shall have and enjoy the Lands which shall by them be so purchased, discharged of all Trusts and accounts whereunto the said trusties are or may be liable by the said Act, and all other claims and demands whatsoever. That in pursuance of the said Act, and according to the Trust thereby reposed in the said trusties, They have sold to several persons all Sir john Stawells Estate: And they are confident, and do verily believe, a great part of the purchase money is paid, according to the said Act of Parliament to the Treasurers thereby appointed to receive the same, and that the said moneys have been since paid out by the said Treasurors, as the Parliament and others authorized by them have Ordered the same. And therefore the said trusties further say, That they claim not any manner of Interest in the said Sir john Stawells Estate, otherwise then as persons entrusted by the said Act of Parliament, as before is declared; Nor do they know, nor doth it concern them to know why the Parliament did enact his Estate to be sold (as aforesaid.) Wherefore they humbly pray hence to be dismissed.  
Richard Graves, Counsel with the said trusties.  
IN humble obedience to an order of the honourable Commissioners appointed by Act of Parliament, for relief of persons upon Articles granted in time of War, which Order is dated the seven and twentieth of November, 1652. and served about six days since, whereby Matthew Coker of Lincoln's Inn Gent: is required within 7. days after service, to make answer in writing to the matter of complaint exhibited against him, touching breach of Articles by Sir john Stawell, whose petition as is informed is now depending before the Commissioners aforesaid, according to which the said Sir john Stawell desires to be relieved against him concerning a Message in Everchreech and Presley in the County of Somerset. I therefore the said Matthew Coker do for answer say, that whereas the trusties at Drury house, according to the power given them, had given notice of their resolutions to make sale of Sir john Stawells Estate, and amongst the rest of the Manor of Presley, part of which Manor being bought by the Town of Taunton, and the remaining part which was and is Tennanted by my Brother-in-Law William Smith of Presly Gent. being also about to be sold; I therefore at the instance and request of my own Brother, and other kindred and friends, and by virtue of an Assignment of Tenant-Right from my said Brother-in-Law William Smith, became a Purchasor of all that Right and Estate that had been in Sir john Stawell upon the Land Tenanted by the said William Smith, some great inducement to which Purchase, amongst the rest was chief the natural affection I bear to my Sister and her Children, who as I had reason to suspect might have very much suffered, if a stranger had bought over their heads; whereupon I confess without the least intimation of Sir john Stawell, or any Agent from or under him, I did with the said trusties contract for, and buy the same; notwithstanding the Articles of Exeter, which I thought would not have concerned me being a private person to look into or judge of; and I the rather did the less heed them, having then as I still have an assured confidence in the Justice of the Parliament, that if at any time they being rightly convinced that the said Sir john Stawell should have the benefit of the Articles of Exeter, and accordingly admitted him, that care would be taken for giving reasonable satisfaction for my purchase-money, and other charges I have been at; and now for that I have made my first payment, and have a conveyance from the said trusties of the premises sealed and enrolled, therefore though it shall never so much appear that Sir John Stawell is comprised in, and aught to have benefit of the said Articles, and be admitted into a capacity of enjoying the same; yet for that I have paid money, and am invested as aforesaid, I think it altogether consistent with the justice of the Parliament and the honourable Commissioners aforesaid, first to put me in a sure condition or way of having that relief as is proper and necessary in a case of this nature, before I surrender back to the State, or part with any Interest I have in the premises: But when I shall be assured of satisfaction as aforesaid, I shall, being lawfully required, be always ready in obedience to any Parliamentary power to part with my Interest as aforesaid, which I confess I should have been the more unwilling to have done; but that I have by much experience found, that by reason of the doubtfulness whether Sir john Stawell should have benefit by the said Articles or no, doth make for the disadvantage of the Purchasor in several respects, and therefore I hope the honourable Commissioners aforesaid will be graciously pleased speedily to decide and put some certain period to the business one way or other.  
Wrote and signed with my own hand. Matthew Coker.  
To the Right Honourable the Committee for Articles.  
The humble Answer of john Warr, and john Borradale, Gentlemen, to the Information and Complaint of Sir john Stawell.  
THat we did jointly Contract with the trusties appointed by Act of Parliament for sale of several Lands and Estates forfeited to the Commonwealth for Treason of the Demesnes of Bewly, in the County of Somerset, being late parcel of the Estate of the said Sir John Stawell, appointed to be sold by the said Act.  
That we were encouraged to the said Contract by the said Act of Parliament; by virtue and authority whereof, we hope and expect to be protected, and to enjoy our said Purchase.  
That how fare the said Sir John Stawell is concerned in the pretended breach of the Articles of Exon, concerns not us to look at, The Parliament of the Commonwealth of England having (as we humbly conceive) sufficiently weighed and determined the Interest of the said Sir John Stawell in the said Articles, before they exposed his Land to sale.  


John Warr.  
John Borradale.    
To the Right Honourable the Commissioners for relief of persons upon Articles of War.  
The Answer of john Farewell to the Complaint of Sir john Stawell, Knight.  
THat he was altogether ignorant of any Articles Sir John Stawell had; but he Contracted for the Lands mentioned in a Subscription of Sir john to your Honour's Order of Summons of the eighth of December last, with those who (as he conceived) had authority to do the same; And shall freely submit to what Authority shall do therein:  
By the direction of the said John Farewell. Delivered 23. of February 1652. Nicholas Batteley.  
The said Nicholas Batteley Answers in the same words.  
Edward bushel Answers likewise in the same words.  
Both delivered 23. of February 1652.  
To the Honourable the Commissioners for relief upon Articles of War.  
The Answer of john George's Esquire to the Complaint of Sir john Stawell Knight.  
THat he was altogether ignorant of any Articles Sir john Stawell had. But he contracted for the Lands mentioned in a Subscription of Sir john to your Honour's Order of Summons of the eighth of December last, with those who as he conceived had authority to do the same, and shall freely submit to the like Order for himself, as shall be made in the Case of other the Purchasers on Friday next come seavenight.  
john Gorges.  
I do authorize Thomas Sherwood Gent. to deliver this as my Answer.  
john Gorges.  
The replication of Sir John Stawell Knight, unto the answer of Edmond Prideaux, Attorney General.  
HE the said Sir John Stawell averreth and saith all as in his Petition is alleged and said, and that he was and is a person comprised within the Articles in his Petition set forth, and at the making of the said Articles and surrender of the City of Exon in the said City, and submitted unto his composition, and did all other things that are requisite to enable him to the benefit of the said Articles, nor hath broken or infringed the same, nor engaged himself since the said Articles in any counsels or Actions against the Parliament, nor done other act to forfeit or make him lose the benefit of the said Articles without that that any other matters or things alleged in the said answer of validity to debar this Petitioner is true, all which he averreth, and prayeth as in his Petition he hath already prayed.  
JOHN STAWELL.  
The Replications made unto the several answers of the persons abovesaid, are the same as is before expressed to Mr. Attorney General's answer, and are omitted for brevity's sake.  
The cause being thus at perfect issue, witnesses were appointed to be examined.  
The 24th of February 1652. these following Resolves were made in Parliament.  
Thursday, Febr. 24. 1652.  
REsolved by the Parliament, That all such persons as have purchased of the trusties at Drury-house the Lands of any Delinquent claiming, or who shall claim the benefit of Articles, shall hold and enjoy the lands and estates so by them purchased, according to the rules, limitations, and directions contained in the respective Acts for sale, notwithstanding any such Articles.  
Resolved by the Parliament, That the case of Sir John Stawell, upon his pretence of Title to Articles be resumed to the consideration and determination of the Parliament. And that the Commissioners for giving relief to persons upon Articles do forbear to proceed any further therein until the Parliament take further Order.  
Hen. Scobell, Cler. Parliament.  
The late Parliament being dissolved: The 18 of May 1653. I exhibited a Petition to the Commissioners for Articles, in these words:  
To the Honourable the Commissioners for relief of persons upon Articles of War.  
The humble Petition of Sir John Stawell, Prisoner in the Tower.  
Shows,  
THat your Petitioner is advertized (as by the annexed Letter may appear) of waste intended to be made upon his estate, which if not timely prevented, will very much increase those losses he hath already received by the breach of his Articles.  
That of late he hath discovered the disposure of part of his Estate, viz. The Prebend and Rectory of Wilscombe, and the impropriate Parsonage of Halse, which are now in the hands of the Committee for plundered Ministers. And Mr. Nicholas Bond, who hath purchased the Gleab lands thereunto belonging, to whom none of your former Orders have been directed for want of such information and helps as might have guided him in this particular.  
That by the Interpretation he makes of your late Orders, He humbly conceives leave is given to him to solicit this Honourable Court for his relief, and that an especial favour is granted unto him for that purpose, of which he is not yet made a partaker.  
Wherefore your Petitioner humbly prays, that your Order or Injunction may be granted for the stopping of waste, till his cause now depending before you receive a determination. That such like Orders may be granted unto the Committee for plundered Ministers, and to Mr. Nicholas Bond, as have been directed to the trusties at Drury-house, and others in the like case. And lastly, that by your favour and leave he may proceed to the examination of Witnesses, and to the proof of his petition.  
And your petitioner shall ever pray, etc. JOHN STAWELL.  
Upon which Petition, the Commissioners having heard the Council for the Commonwealth, and for the Petitioner, this following Order was made.  
Star-chamber Wistminster. Wednesday, June 9 1653.  By the Commissioners for relief upon Articles of War. 
Upon consideration had of the petition of Sir John Stawell, exhibited unto this Court the 18 day of May last past, praying thereby amongst other things, that he may have leave to proceed to examination of witnesses, and proof of his petition; and upon reading the Order of this Court of the first of this instant Jane, whereby it was ordered in the presence, and at the desire of the Council for the Commonwealth, that Council on both sides should be heard unto that point this present day, Now upon the hearing of Mr. Maynard, Mr. Latch, and Mr. Harrison, on the behalf of the said Sir John Stawell: and of Mr. Attorney General, and the Attorney of the Duchy, for the Commonwealth: And upon consideration of what hath been offered by either party, and mature deliberation had thereupon, Are of opinion, and do find it just to order, that the said Sir John Stawell have liberty to proceed in the examination of such witnesses as have been produced, and are already sworn in the cause, according to the Order of this Court of the sixteenth day of February last passed, and to bring on his cause in due course to hearing, and do order the same accordingly.  
tracy Pauncefote, Register.  
Hereupon Witnesses were examined by me, to prove my complaint, upon Intergatories, and in their several depositions did clearly testify the matters in issue which did arise out of my said Petition which are too long here to be inserted yet in respect that some misrepresentations have been made concerning my deportment and carriage at Goldsmith's Hall at the time of the tendering of my Petition for compounding, I shall make bold for my justification against those aspersions to insert the testimony of Sir Anthony Erby, and Sir David Watkins, two worthy persons and members of that Committee, and then present when I delivered the said Petition, which though it be but a Letter from Sir Anthony Erby, yet it relating to his Oath which he had formerly taken in the Court of Articles to speak his conscience, and he being a person of honour, and free from all exception, I presume it will gain that credit which I hope in your judgements will very much clear me, which followeth in these words.  
To my much respected friend Tracy Pauncefote Esq. at his house in the little Amory, Westminster.  
Sir,  
YOu may remember that some time since I was summoned in by Sir John Stawell to the commissioners for Articles, sitting in the inner Exchequer chamber as a witness, and was then sworn but as yet not examined, I have been by several Letters from Sir John Stawell requested to come up to London to be now examined, but the truth is my business is such here, having been absent from my estate now above twelve years, I cannot come up as he desireth, upon which he desireth me to certify in writing what I can say in his business, which I am willing to do, and have directed this Letter to you, that if there be any thing wherein I may do him justice, 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 do if I were not sworn. To the first I know he delivered in a Petition into Goldsmith's Hall, desiring to compound for his Estate, coming 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 than 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 show him no favour, but found fault that in the first place in his Potition he had not acknowledged himself 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 replied 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 do: we gave him time for eight or ten days, or a fortnight; I do 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 deal with him the better. For his deportment to us at that time, and the other that he was before us, for my par● I took no offence at it, neither do I think justly there could be any. He is of himself 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 heightened his offence high, took exceptions at his carriage and language, and would have it reported to the House; for my part, than 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, unless he took the covenant, except the House would dispense with it, which they did when they approved of those Articles. But since (I must confess) I have heard from some of the then Members of Parliament, that one of our Society would have bought a Manor of Sir John Stawell, which lay near him, but I knew nothing of it then, but took notice of some tartness in the party, which being neighbours and Countrymen, I something wondered at, thinking that Sir John Stawell might have exasperated him by some action in the time of war. Sir, if I 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 I do about the delivery of the Petition, and the reasons why we then respited him, and went not on to his composition. Sir I am  
1 July 1653. Your assured friend and servant, ANTHO. IRBY.  
THese are to certify whom it may concern, That I, Sir David Watkins, being in the year 1646 one of the Committee for compounding with delinquents, then sitting at Goldsmiths-hall, do well remember that Sir John Stawell Knight of the Bath came to the said Committee with a fair and civil 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 King's 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 witness whereof, I have hereunto, at the request of the said Sir John Stawell, subscribed my name, this third day of October in the year of our Lord God 1653.  
David Watkins.  
The Court of Articles were likewise pleased (the Council 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, etc.  
11 August. 1653. Haberdashers-Hall, London.  
IN answer to an Order from the Commissioners for relief of persons upon Articles granted in time of war, bearing date the tenth instant in the case of Sir John Stdwell, who claims the Benefit of Exeter Articles. We do hereby signify unto the said Court, that upon search made by our Register, he finds not that there are any papers in his custody which concerns Sir John Stawell, save only an Order of the High Court of Justice of the 26 of Nourmber 1650, requiring Mr. Leech our late Register to certify unto that Court the proceed had in relation to the said Sir John's 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 since delivered back to our Register, so that we know no further matter against the said Sir John Stawell, than what hath been already signified to the said High court upon the said Sir John Stawels Trial. Here remains with our Register several 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 Council as well on behalf of the Commonwealth and trusties, 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 trusties of Drury-house, and the petitioners, to impede the judgement of the Court, perceiving that I had fully proved the several assertions of my petition, whereupon I prayed their relief, they preferred two several petitions to the Committee constituted for the receiving of petitions, which follow in these words:  
To the Honourable the Committee for Petitions. The humble Petition and Representation of the trusties for sale of lands forfeited for Treason.  
Shows,  
THat by Act of Parliament, bearing date the sixteenth of July 1651. Sir John Stawell, and other Delinquents therein mentioned were adjudged and declared Traitors, and their Estates forfeited by them for their several Treasons against the Parliament and people of England; and the said Estates were by the said Act vested and settled in us as trusties for the sale thereof to the use and benefit of the Commonwealth.  
And whereas we have according to the trust reposed in us, made sales of the said Estates, and thereby raised very considerable sums of money, which have been and are daily disposed of for the Navy and other public uses.  
And whereas divers of the said purchasers do come daily unto us with complaints, that they are interrupted by Sir John Stawell his Agents, in the quiet enjoyment of their Estates so by them purchased, according to the Law.  
And whereas the late Parliament, upon a petition made unto them by divers of the said purchasers (a copy whereof is hereunto annexed) did upon the 24 of February last make an Order and a Resolve in the case, a copy whereof is hereunto annexed. And notwithstanding which Order and Resolve, we are certainly informed that the Commissioners appointed to give relief upon Articles of War have since proceeded in the case of Sir John Stawell, and are ready to give judgement against the Commonwealth.  
We therefore humbly pray your Honours to review the annexed petition and vote of Parliament, and that the same may he forthwith presented to the consideration of the Parliament, together with your opinions therein, to do as shall seem meet to their grave judgements and wisdoms, and so the honour and credit of Acts of Parliament may be preserved, and the purchasers settled in their undoubted rights; and your petitioners encouraged in the execution of their trust,  
And your petitioners shall pray, etc. 

Arthur Samuel.  
Samuel Goodkin.  
William Robinson.  
William Skinner.  
William Lisle.  
Houry Sealy.  
Mat. Valentine.    
To the supreme Authority of this Nation, the PARLIAMENT of ENGLAND.  
The humble petition of several Purchasers of the late Estate of Sir John Stawell, on the behalf of themselves and other purchasers of the same Estate.  
Shows,  
THat your petitioners esteeming Acts of Parliament the highest Law, and greatest security to rely upon, did purchase several parcels of Sir John Stawels Estate, not imagining any derivative power from you would or could question why you exposed it to sale. Notwithstanding which, your petitioners are daily summoned up to show cause why Sir john should not have his lands, according to Articles of war. And although the Council for the Commonwealth on their behalves have demurred in law, yet is the same overruled, and your petitioners left in a strange uncertain undone condition, unless relieved by your justice.  
That your petitioners have incurred great Debts for their respective purchases, and some of them being Tenants have drowned their mean estates by purchasing the Fee; and through their constant adhering to the Parliament, have exposed themselves to the mercy of an inveterate implacable enemy.  
Your petitioners therefore humbly pray your speedy consideration of the premises, and the engagement of your own honour and justice therein, that so your petitioners may peaceably enjoy their Estates according to their several purchases.  
And they shall pray, etc.  
Upon which the Committee ordered that Colonel Rous should report the said petitions to the house; which Order is thus:  
Tuesday, the 2 of August. 1653. At the Committee for receiving Petitions.  
Upon reading the petition of several purchasers of the late Estate of Sir john Stawell, on the behalf of themselves and others the purchasers of the same Estate. Together with the petition and Representation of the trusties for sale of Lands forfeited for Treason; and upon serious debate and consideration had thereupon, It is ordered that Colonel Rous, who had the chair of this Committee, do with all convenient speed report the said petition to the Parliament, and withal offer it as the sense of this Committee, That the purchasers ought to have and enjoy their several purchases, according to their several contracts. And in case that Sir John Stawell shall be found within and aught to have the benefit of Articles of war, the Parliament may be pleased to give him satisfaction, which they humbly submit to the consideration of the House.  
This Report being made, it pleased the Parliament to make these Resolves.  
Monday, the 8 of August. 1653.  
COlonel Rous reports from the Committee for petitions the humble petition of several purchasers of the late Estate of Sir john Stawell, on the behalf of themselves and other purchasers of the same Estate, and the several Votes of Parliament of the 24 of February 1652. which were now read.  
Resolved by the Parliament, That this business be taken into consideration on Friday next.  
Ordered by the Parliament, That it be referred to the Committee for petitions to take care that there be good Council for the Commonwealth, to attend the commissioners for Articles.  
Hen. Scobell, Cler. Parliament.  
After which Resolve, viz. the 22 of August 1653. abovementioned, the Court of Articles did solemnly give their judgement, as followeth.  
Monday the 15 of August, 1653. By the Commissioners constituted by Act of Parliament for Relief of persons upon Articles, Conditions and Engagements made in time of War, sitting in the Exchequer-chamber, Westminster.  
WHereas Sir John Stawell hath exhibited his Petition into this Court, thereby (amongst other things) setting forth, That he is comprised in the Articles made upon the surrender of the City and Garrison of Exeter, bearing date the eighth of April, 1646. and afterwards confirmed by Parliament: By the the twelfth of which said Articles it was agreed, That no person therein comprised should be questioned or accountable for any act passed by them done, or any other done by their procurement, relating unto the un happy Differences betwixt the late King and the Parliament, they submitting themselves to reasonable and moderate Composition for their Estates, which the then General Sir Thomas Fairfax was really to endeavour with the Parliament, that it should not exceed two years value of any man's 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 Articles, 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 undertaken 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 four years, and in that time was several times indicted for Treason, and twice arraigned for his life at the than King's Bench Bar: And that Judgements are obtained against him in personal Actions for seven thousand pounds in Damages; And all this for acts relating to the Differences between the late King and the Parliament, and before the Date of the said Articles. That in July, 1650. he was by Order of the High Court of Justice removed from Newgate to the Tower, and there kept in close custody: and the seventeenth of December, 1650. and divers days after, tried for his life before the said High Court, who after many days trial, examination of witnesses, and strict enquiry into his actions, and the performance of the Articles on his part, did not proceed to sentence, but certified their proceed 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 and 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 16 of July, 1651. is (amongst others) declared forfeited for Treason, and hath been since sold accordingly. That neither he, nor his sons, or servants, have engaged against the Parliament in any act of hostility since the said Articles, nor hath he lost the benefit thereof, by any default of his; and therefore prays, That the said Certificate of the High Court of Justice may be considered, and the liberty of his person, and the possession of his Estate, may be granted to him, discharged of such Judgements, 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 years have been received to the use of the Commonwealth. Unto which Petition several Pleas and Demurrers were put in by Mr Attorney General on the behalf of the Commonwealth of England, and by the Council for the trusties for sale of Estates forfeited for Treason, on the behalf of the same trusties; 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, and Demurrers coming regularly to hearing before this Court, after long debate and mature deliberation had of and upon the same; this Court, upon the 31 of December last passed, declared their opinion. That the said Pleas and Demurrers (which for the present admitted the state of the Fact to be such as is set forth in the said Petition) did not contain in themselves sufficient matter to preclude this Court from proceeding upon the said Petition; and did therefore resolve and adjudge the same to be overruled and set aside: and appointed the Solicitor for the State, attending the Court, to acquaint the Council for the Commonwealth, and the said trusties with this Resolution, to the end they might set forth such other cause as they had to allege (if there were any) on the State's behalf, by way of Plea or Answer to the said Petition: And the Court also, at the prayer of the Petitioner, issued forth summons to such persons as were by the Petitioner named Defendants, and certified by the trusties aforesaid to have been Purchasers of the Lands and Estate of the Petitioner, to plead or answer to the Complaint of the said Petitioner. Hereupon the Council 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 seven 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, and as he ought to have done: and avers, that the Petitioner had not performed such of the said Articles as on his part were to be performed, but had wilfully broken and infringed the same. That he hath been engaged in secret counsels since the said Articles, against the Parliament, and committed other acts since the Articles, whereby he hath forfeited the benefit of the same Articles through his own default: And by way of Answer, further also sets forth the same matters of Law formerly insisted upon in his said Plea and Demurrer, whereupon this Court had formerly delivered their Judgements as aforesaid. The said trusties also put in their Answer, and 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: and that in pursuance thereof they have sold to several persons all the said Estate, and do believe that a great part of the purchase Money is paid; and claim no other interest in the said Estate, then as persons entrusted as aforesaid; neither know, nor are concerned, why the Parliament have enacted the Petitioners Estate to be sold. Several persons, named Defendants by the said Petitioner, did also appear, and put in Answers to the said Petition: In particular Matthew Coker of Lincoln's Inn, Gent. saith. That he hath purchased from the said trusties part of the Manor of Priestley, being parcel of the Lands of the said Petitioner, and hopes to have back his money and charges before he surrender: and 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 trusties for the Demesnes of Bewley 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 Parliament 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 eighth of December 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 Commonwealth, and the said trusties, and of the said other Defendants, the Petitioner Sir john Stawell 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, etc. sitting at Habberdashers-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 Harrisen, and Mr Amhurst, on the behalf of the said Petitioner, and of Mr Attorney General, Mr Attorney Hall, and Mr Hurst, on behalf of the Commonwealth, together with Mr Graves on the behalf of the said trusties; and upon reading of the said Answers of the said other Defendants, purchasers of part of the Petitioners 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 Commonwealth, 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 passed 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 of the second of july, 1646. not to bear Arms against the Parliament, 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, and the than General's 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 fifth of April, 1645. and first of November, 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 fourth of November, 1647. who ordered that Approbation of theirs to be published, and all Committees, 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, and the Damages thereby by him sustained appear to amount to above 25000 l. That by the trusties Answer in this case, it appears they have sold all his Estate, by reason of the Act for sale, wherein he is included: And the Defendants, Matthew Coker, John Warr, John Borradale, Edward bushel, John Farewell, Nicholas Batteley, and john Gorges, acknowledge they have bought of them the said trusties several parcels of the said Estate. That the said Petitioner Sir john Stawel, being tried for his life before the late High Court of Justice sitting in the years 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 impowered, authorized, 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 Parliament and Nation are concerned in this, and the like cases, That right be done, and no violation of Articles permitted, after many debates and mature deliberation had thereupon; and being satisfied in their judgements and consciences, that the Petitioner Sir john Stawell is fully capable of the Relief intended to persons within Articles, by the Acts directing and authorising 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 , 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, authorized, 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 Damages which the said Petitioner hath sustained by the Sequestration and Detention of his Estate, and the profits received out of the same for above seven years' last passed, and by the felling of his Woods and Timber, and otherwise, for want of being admitted to a timely Composition; This Court doth order and direct, That the said Commissioners for compounding do cause an exact account to be made of the Rents, Issues, and profits, received for, or out of the Petitioners Estate, since he first submitted to Composition, and was not admitted thereunto: and do recommend to their consideration the proofs thereof already taken in this cause, Copies whereof, attested by the Register of this Court, are for that purpose to be presented to them: And if the said Commissioners shall find the same to amount unto, or exceed the Fine or Composition which the said Petitioner ought to pay, according to the rates prescribed, and allowed by the said Articles of Exeter, That then the same be allowed, accepted, and taken in lieu and full satisfaction of such Fine or Composition so imposed upon, or to be satisfied by the said Petitioner Sir John Stawell, according to his Articles; otherwise the defect (if any happen to be) is to be 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, & satisfaction made as aforesaid, the said Commissioners are hereby directed and authorized to give their Order for such acceptance of the Petitioners Fine and Composition, and to give the Petitioner a Discharge accordingly: and they are desired to give him all fitting expedition in the 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, entered 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 Sir 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 trusties, 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 trusties for Sale of Lands and Estates forfeited to the Commonwealth for Treason, do upon sight of this Order and Award, stay and forbear all further proceed in the Sale or 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 proceed touching the same, or intermeddle any further therewith. And it appearing unto this Court, by the Answers of the said several Defendants, Matthew Coker, john Warr, john Borradale, Nicholas Batteley, 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 thereof, and of this Order and Judgement, the said Matth. Coker, john Warr, john Borradale, Nicholas Batteley, john Farewell, Edward bushel, and john Gorges, do forthwith restore unto the said Petitioner Sir john Stawell, 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 and quietly hold and enjoy the same Hereditaments, with their and every of their members and appurtenances, freed and discharged of and from all claims, charges, and encumbrances, in any wise occasioned by or under them the said Defendants, purchasers respectively. And the said trusties, 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 trusties and Purchasers, or any of them; and as if no such Settlements, Contracts, or Sales, had been had or made. And the said trusties at Drury-House, and also the said Matthew Coker, John Warr, john Borradale, Nicholas Batteley, john Farewell, Edward Bushel, 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 named, or who shall be hereafter made Defendants to the said Petition; but that he may prosecute such persons upon the ground of his said Complaint, so far as he shall see occasion, and be advised: And upon the same Petition, if cause be, bring those causes also to Issue and 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.  


Jo. Bradshaw  
Edw. whaley  
Edward Cook  
William Bosvile  
Anth. Samwell  
Owen Rowe  
John Hayes  
Clem. Oxenbridge.    
This Judgement being given and declared by the honourable Court of Articles, after they had ten months most judiciously ordered and directed the proceed in the cause, to the end that there might be left no scruple in any Interest unsatisfied, Mr. Attorney General and the rest of the Counsel for the Commonwealth, and the Counsel for the trusties being heard at large, I did not conceive but that all such who were concerned would have rested in it. But after all this I find the endeavours of the trusties and several Purchasers of my Estate do tend directly to render my proceed for the gaining of my right unsuccesful; for upon the 29th. of August seven days after this Judgement, the Parliament resumed the debate of the Purchasers Petition and Representation of the trusties, and did resolve as followeth.  
Monday the 29th. August, 1653.  
THe house took up the former debate upon the Petition of the Purchasers of the Estate of Sir John Stawell.  
The humble Petition and Representation of the trusties, for sale of Lands and Estates forfeited to the Commonwealth for Treason was this day read.  
Resolved  
B● the Parliament, that this Petition of the Purchasers of Sir john Stawells Estate be referred back to the same Committee, to consider what is fit to be done for the relief of the Petitioners, and report to the house withal speed.  
Henry Scobell, Clerk of the Parliament.  
Hereupon Mr. Pauncefote the Register of the Court of Articles was commanded to attend the said Committee with the Judgement of that Court, together with the several Acts of Parliament constituting that Court, and all the plead and proceed which had passed in my Cause.  
UPon which reference of the House to the Committee, to consider what was fit to be done for the relief of the Purchasers, it seems they have thought fit to report, that the Purchasers of my Estate ought to enjoy it; And upon that report you have been pleased to make this Resolve.  
Tuesday the 15th. of September, 1653.  
Resolved,  
THat this House doth agree with this Report of the Committee, that the Purchasers of Sir John Stawells Estate shall quietly possess and enjoy the same, according to their several Contracts made with the trusties.  
Henry Scobell, Clerk of the Parliament.  
From this it may appear that the Committee for receiving of Petitions not pursuing (as I humbly conceive) the intention of the order of Reference which did refer to their considerations, (after I had the Judgement of the Court of Articles for part of my Estate) what was fit to be done for the relief of the Petitioners, they did resume the matter which formerly they had offered, and instead of proposing a way how the Purchasers should be relieved, it was reported as a thing agreeable to their judgements, that their Estates should be confirmed; upon report of which as their sense and opinion, it hath pleased the Parliament to make the last mentioned Resolve. This being shortly my case, and surely my ruin, if by your favour not prevented, I beseech you in the next place to consider what power you have reserved unto yourselves, by the express words of the Act of sale of the sixteenth of July, 1651. fol. 1373. and how the trusties stand limited in the execution of their Trust; the words are these. Nevertheless upon trust and confidence that the said William Skinner and others the persons above named, or any five or more of them shall have, hold, and enjoy, all and singular the Premises, and every of them (meaning the Lands and Estates of the persons in the Act named of which I am one) subject unto such trusts and uses as by this Act, or in and by Authority of Parliament shall be hereafter further directed and appointed, and shall dispose of the same accordingly.  
The reason of this Clause and Limitation, I humbly conceive to be, for that the Parliament having confirmed and ratified divers Articles and Conditions granted in time of war, to the making good of which, their Honour and Justice as well as the faith of the Army and Nation was eminently concerned, and for that at the time when this Act did pass they neither did nor could possibly take notice of such as had right or claim to the same, they reserved unto themselves this power, and did provide that the trusties should order and dispose of the same accordingly.  
And by their Act of the 29th. of September, 1652. for reviving of the Act of the 18th. of June, 1649. which upon just and honourable grounds gave relief to all such persons who are or shall be arrested, sued, impleaded, imprisoned, or sequestered, contrary to any Articles given or granted, etc. a Court for that purpose being constituted to do right in all the particulars of both the said Acts, according to the tenor and meaning of Articles, any Law, Order or Ordinance to the contrary notwithstanding: By which Act and Declaration the Parliament doth make use of their former power, expressly reserved unto them. And if any man's estate or part thereof be sold contrary to the Right of Articles, it is no wrong unto the Purchasers, if it be by Judgement restored to the right Owner; for the Decree or Judgement that shall so restore it, is given by Authority of Parliament, and is in order to the Power in the Act of sale reserved unto the Parliament so to do.  
And the Purchasers have no cause to complain (so as recompense be assigned unto them) for that their bargains and contracts made with them could not be absolute and direct, in regard the said clause of Limitation had debarred the trusties themselves, from whom they claim in the case of Articles, from any such absolute estate: And therefore it seems, that some of them taking notice of this reserved power, upon passing the Act of Revivour, preferred the two Prouisoes  to the Parliament. That that Act which was then to pass, should not extend, or be construed to extend to prejudice, altar, or make void any Resolution, Vote or Judgement given in Parliament touching any the Articles aforesaid, or any person claiming thereby. As also that no Real or Personal Estate, which hath been settled, conveyed, or assured to any person or persons by virtue of any Act, Order or Ordinance of the then Parliament, should be made null, vacated, or otherwise determined or disposed of by the Commissioners named in that Act, or by their Authority, etc. But the Parliament, reflecting upon their Honour in the case of Articles, upon the question rejected both the Prouisoes. And whereas if they had been approved, I had been ruined and undone; so by the same reason, being rejected, I may with the help of your favour and justice, be preserved and restored to what is properly and of right belonging unto me.  
Thus in all humbleness I have Remonstrated and faithfully declared unto you to the best of my remembrance by what means I came to take up Arms in the behalf of the late KING in those most unhappy distractions (my Judgement at that time being satisfied of the KING'S real intentions and unfeigned constancy thereunto, for the sure establishment of Religion, and the Laws, the safety and welfare of the People, as also to declare how, and in what manner I proceeded during all the time of my service and employment, And upon what Terms, Articles, and Concessions I ceased from further action on the KING'S Part, and that by those Articles I was to have had my person freed and unmolested, and my Estate restored upon a moderate Composition, which now at length by your Judgement (as is aforesaid) and Decrees grounded upon your Laws and Acts of Parliament are awarded unto me. And I am very confident that had it not been for the ill Offices of some particular persons begot by a designed prejudicie, and nursed by the heat of their passions against me, I should long ago have been set at liberty from a tedious Imprisonment, and have been in the actual possession of my Estate by the Justice of the late Parliament, to whom I cannot impute any Injustice, or report any thing that is dishonourable. But since they were but men, and by the necessity of their humanity they were enforced to take reports from others of such matters as were Acted at a distance from them, and perhaps by such (though altogether unknown to them) as might so present things as their private interest might lead them, by which means my Right hath been much retarded; so in like manner I make it no question, that when you who are their Honourable Successors shall be truly informed of the state of my condition, having cast your eyes upon this Narrative, where you may perceive upon the whole deduction, that notwithstanding the utmost diligence and disquisition that either the malice or interest of my Adversaries could promote and project against me for my ruin and destruction, I have had the Judgement and resolution of two great and honourable Courts; the one for the safety of my life, and the other for the restitution of my estate; which Judgements, considering the ability and integrity of the persons, & gravity & equanimity of their proceed in their plead, debates, and consultations, I hope are fully satisfactory; And the rather because the result of them is but the affording of me that Justice which is so eminently grounded upon that indisputable law of Nature, without which the foundation of no government whatsoever can be sure or lasting, the law of Contracts being reciprocally the obligation of protection from the supreme Power and subjection in the People who ought to obey, and that aswell in military as civil Order; which the noble Army taking into their serious consideration, have made it by public Petition to the late Parliament of Aug. 12.1652. one of the weighty Clauses of their requests, viz. That the Articles of War made unto the Enemy may be made good, according to the intent of them.  
Which Petition by Order of the Council of War was presented by six honourable Officers of the Army, and had a very favourable and gracious Answer.  
Now forasmuch as there doth not appear by any proof against me (though no stone hath been left unturned under which any thing might be found for that purpose) that I am in the least guilty of any Act tending to the non-performance of all such things as on my part I was bound unto by the said Articles, either at the time of the rendition of the said city of Exeter, nor that I have acted any thing since contrary to my subscription made at Guild-Hall; I do make it my humble suit, that the Justice and Honour of the Parliament and Nation, and the Faith of the Army may be made good unto me in restoring of me to the benefit of my Articles, the  Judgement, and such further right and Justice, as is extended unto me by the several Acts of Parliament established for my relief.  
And as it is my humble and frequent prayer to that great God, who hath for many years miraculously fed me, to bestow upon me my daily bread; so let it not I beseech you be a thing displeasing unto you, if I pray (in a time when neither Estate or Credit is left me) for so timely a consideration hereof as may stand with the rest of your weighty affairs.  
John Stawell.  
FINIS.