Whereas we have issued forth our Commission of Array for the County of Somerset under our great Seal of England unto our right trusty and right entirely belo­ved cousin and councellor, the Marquis Hertford, And with him have named you a Commissioner, In the execution whereof (and such other publike services as we have and shall intrust unto you, your presence, care, and utmost circumspection is most necessary. We doe therefore hereby re­quire you with all convenient speed to repaire unto the said County, and to attend that service, wherein we doubt not you will so demeane your selfe as may be sutable to the good opinion we have of you, and as may most promote the due execution ef this Commission. Which at this time is of so high a consequence, not onely to the security of our said County, but to the peace of this Kingdome in generall. And because this Commission (by such who declare all things illegall which suit not with their desires or designes) is declared to be contrary to the Lawes, and thereupon you may be summo­ned by one or both Houses of Parliament as a Delinquent, for the execution thereof. We require you upon your alleageance not to intermit or in any sort to neglect our said service upon any such summons, by going on remo­ving to London or any other place, save to us, or where it is fit for you to be in the prosecution of our said service, and such further command as you shall receive under our own hand. And we doe hereby require and com­mand all Sheriffes, Majors, Justices, Officers, Ministers, and loving Sub­jects whatsoever, not onely to be assisting and ayding unto you in case of need in your free passage from place to place. But also that they presume not to attach your person, or serve you with any warrant, Order, or sum­mons whereunto we have not consented, nor deteine or seize any of your goods or servants, or any thing to you belonging without our speciall li­cense first obtained, as they and every of them will answer the contrary at their utmost perills. For which this shall be to you and them sufficient war­rant and authority.

Given at our Court at Beverley the eleaventh day of July, in the eighteenth yeare of our Raigne.

I Am come by command from his Majesty, with Commission to muster the Forces of this County, of which Commission you are one: I intend to be on Wednesday next at Wells, where I shall desire your presence, that I may impart the Commission unto you, and advise further about the exe­cution thereof. In the moan time I rest,

To the Right Honourable the Commissioners appointed by Act of Parlia­ment to give reliefe to persons upon Articles made in time of Warre.

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 concernes them.

THat they have faithfully served the Parliament from the first begin­ning of the troubles against the publike enemy, with the expence of their bloud and estates, and particularly opposed Sir John Stawell and his bloudy adherents: Wherein your Petitioners (besides the losse and plunder of their estates by that party) have received wounds and May­hemes in their bodies, whereby they are utterly disabled to worke at their Trades; your Petitioner Cady having lost three sonnes in the Parliaments service who were the staffe of his age, and himselfe fourteen moneths im­prisoned in a loathsome Goale, where he was laid in Irons by the imme­diate command of Sir John Stawell for no other cause but his faithful­nesse 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 owne cruell hand, and that in cold bloud, 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 severall 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 farre 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 appeare before your Honours in this Court, upon Sir John Sta­wells Petition, They are come out of their country, being seaven score miles from London in obedience to your command, and have attended for three weeks last past, their poor wives and children being like to starve at home, and themselves no longer able to subsist.

They therefore humbly begge this honourable Court to take their lamen­table [Page 6]estate into your pious and tender consideration, so that they may be dismissed with their costs and charges (which they have been unjustly put unto by the said Sir John Stawell) and put to no further attend­ance.

And that in regard of their extream sufferings, even to their utter un­doing, by the said Sir John Stawells means as aforesaid, your Honors will be pleased to recommend their sad estate to the Parliament, to the end they may have some relief; For they having nothing left them where­by to live, and must undoubtedly perish with their distressed Families, unless the Lord shall move the heart of the Parliament and your Honors to pity their sad estate, and to provide some present help for them.

To the Honorable Commissioners of the Court of Articles.

Emanuel Sandys of Burrough in the County of Somerset, Gent. doth hereby declare and certifie, that he will upon his Oath say and depose, that heretofore he being with Mr. Pyne and Captain Preston, and others, desired, in behalf and for the good of the Country, to march to Glastonbury and so to Wells, where the Marquess of Hertford and others then lay, as they went from Somerton towards Glastonbury, going up the hill towards Marshfills-Elm, they discovered a company of armed men and horse at the top of the hill, whereupon they made a stand, and shortly after S^r Joh. Paulet, now Lord Paulet, with S^r Joh. Stawell Knight, and some others, came down the hill towards us, and sent a messen­ger to us, desiring to speak with some of us; whereupon the company desired me Emanuel Sandys to go and speak with them, with I did accordingly; when it was demanded, wherefore so many men came armed, and whither they meant to go; to which demand Sandys answered, they hearing that the Marquess of Hertford and others were at Wells, and intended to set up the Commission of Aray in the County of Somerset, they with many others had agreed that night to meet at Glastonbury, and the next day to go to Wells to speak with the said Marquess Hertford: When the said Sir John Stawell and others desired that the company should go back to Somerton, and appoint some men to go and speak with the Marquess, and they would promise that whosoever would come to them, and go with them to the Marquess, they should come, go, and return freely and quietly, and in the mean time they at Somerton should rest there in safety; wherewith Sandys acquainted Mr. Pyne, Captain Preston, [Page 7] and others then there, who then sent again Sandys with Mr. Sanders, to tell Sir John Stawell and their company, that they intended not to return, but to go on to Glastonbury that night; when they replyed, we should do what we pleased; and thereupon Sir John Stawell and the rest of that company rode up the hill to their company, and Sandys and Sanders returned to their company, and afterwards Captain Preston and the company offering to march up the hill in two bodies, the company on the hill shot at us several times, and we at them; and thereupon some of the company and Mr. Pyne flod, and a Troop of Souldiers coming down the hill, took Captain Preston and Sandys, and hurt Sandys; and took from them their moneys, horses and weapons, and presently after came the now Lord Paulet and Sir John Stawell, and took from the Souldiers Preston and Sandys, who else had been killed, and the same night carried them to Wells, where they had fair quarter, and for that the Souldiers had taken their mony from them, Sir John Stawell Gentleman-like delivered to Sandys forty shillings, which Sandys took for a civil respect, and shortly after his enlargement payd him again, and thanked him for his favor and kinde usage, and doth verily believe that many lives and much blood was that time saved, by the onely means of the said Sir John Stawell, who then and at other times ever behaved himself as a lover of his Country.

The Examination of John Lord Paulet of Hinton St. George in the County of Somerset, of the age of seven and thirty years or thereabouts, produced on the behalf of Sir John Stawell this twentieth day of June, 1653. by vertue of the Order of the Commissioners for Articles, and upon his Oath taken the fifteenth of the said Month.

TO the 21. Interrogatory he saith and deposeth, L. Paulet. that he was at Marshals-Elm, in the Interrogatory mentioned in the year 1642. which, as neer as he can remember, was on the fourth day of August in that year, where the late Kings forces, under the command of the Marquess of Hertford, and the Forces of the Parliament, under the conduct of John Pyne, Esq; and Captain Preston, did engage: And saith, that Sir John Stawell in the In­terrogatory mentioned, was in the said engagement on the be­half of the King, and did continue very neer this Deponent du­ring all the time of that Action and Engagement, and for a great part of that day; And that he doth remember that the said Sir John did not in all that service and fight, either discharge his pistol, or hurt or strike at any man, but doth very well remember, that after the first charge made, and the flight of the Forces for the Parliament down the hill there into a lane at the foot thereof, [Page 8]he the said Sir John Stawell, together with this Deponent, and di­vers other Gentlemen, did make a stand at the entering into the the said lane, and did there stop the further pursuit of the Horse then charging on the behalf of the King, & stayd there for almost half an hour before he and they retreated to the top of the hill: And saith, that he did not see the said Sir John Stawell at any time of the day leave the way, or go out of the same, to search the Corn on either hand for such who were hid there after the charge of the Horse, as aforesaid: And saith, that the aforesaid Captain Preston, and one Mr. Sandys, was that day and upon that charge taken prisoners, and as this Deponent conceiveth, and to the best of his remembrance, the said prisoners were by the advice, and at the desire of the said Sir John Stawell, and other the Gen­tlemen in that Action, released and set at liberty by the said Marquess of Hertford, in a short time after their being taken prisoners as aforesaid, and had their Horses and Arms, and what ever they could claim as belonging unto them, and could be found, delivered unto them; and further saith, that during their restraint they were used with very fair respect and civi­lity.

To the 22. Interrogatory this Deponent saith and deposeth, that he doth not know the Drummer in the Interrogatory men­tioned, neither did he see him during the fight in the precedent Interrogatory mentioned; but saith, that he hath since heard, that the said Drummer was hurt and wounded by one Crocker, a Trooper in the service of the King in that fight: And saith, that he doth believe in his conscience that the said Drummer was not hurt by the said Sir John Stawell, which he doth with the more confidence depose, for that the said Sir John and this Deponent kept together all the time of that Action, and did never stir out of the high-way, there being a Ditch or a small fence on each side thereof, and Corn-fields, into which many did fly for shelter; and further to this Interrogatory cannot depose.

The Examination of Robert Knight of Hill-Bishop in the County of Somerset, Gent. of the age of thirty years, or thereabouts, pro­duced on the behalf of Sir John Stawell, according to the Or­der of the Commissioners for Relief upon Articles of War, upon his Oath before the said Commissioners the 21 of this instant June, took the 27 of the said Month.

TO the 21 Interrogatory he saith and deposeth, Robert Knight. that he was at Marshals-Elm in the Interrogatory mentioned, and as neer as he can remember about the time therein set forth; And saith, that he was there in the Troop of Sir Francis Hawley, who was [...]ere in command, together with Sir John Stawell and the now Lord Paulet; and upon his Oath saith, that he doth very well re­member [Page 9]when the said Sir John Stawell, with the rest, first came to the top of the Hill neer Marshals-Elm, they discovered some For­ces at the bottom of the Hill, and that after some message be­tween them, there was a direction given to fall on, which being done, the Parliaments party immediately fled, and some of them were taken prisoners; but by whom any were killed or taken prisoners, he cannot expresly set forth; but saith, that he be­lieveth in his conscience that the said Sir John Stawell did not that day hurt or wound any man, for that he this Deponent doth very well remember, that the said Sir John Stawell, with the now Lord Paulet, then Sir John Paulet, did stop the Souldiers in the entrance of the lane, into which the said Forces fled, from pur­suing of them; And is very confident, that the said Sir John did not stir out of the high-way into the Corn on either side of the way all that day; which he knoweth the better to depose, for that he kept still very neer him: And saith, that such who did not retreat into the said lane, did hide themselves in the Corn in the side of the way: And further to this Interrogatory he cannot depose.

The Examination of William Stucky of Chillington in the County of Somerset, yeoman, of the age of three and thirty years, or thereabouts, produced on the behalf of Sir John Stawell, and taken the 27 of June, 1653. by vertue of the Order of the Commissioners for Relief upon Articles of War, of the 16 of February last past, and upon his Oath taken the 24 of June last past.

TO the 21 and 22 Interrogatories this Deponent saith and deposeth, that he, in the beginning of the late Wars, William Stucky. was a Trooper under the command of Sir Francis Hawley, and marched with him in his Troop from Wells to Marshals-Elm in the Interro­gatories mentioned; And saith, that being come thither, they were ordered to charge some forces of the Country, which were there under the command of Captain Preston; and that the said Sir John Stawell was in the first Rank of the said Troop: And he this Examinant upon his Oath saith, that upon the first charge the said Forces fled, being routed, and some fled into the Corn­fields in the side of the high-way; And that so soon as the said Forces were so routed, and fled, the Troop was commanded by the said Sir Francis Hawley and Sir Iohn Stawell to stop in their pursuit, and rally again, and march back up the Hill, which was accordingly done, Sir Iohn Stawell being then in the head of the Troop, having with him Captain Preston and one Mr Sandys, pri­soners that day taken; And saith, that as the said Troop march­ed back, as aforesaid, he this Examinate, with some of the Troop then in the Reer, rode into the Corn-fields by the way side, to [Page 10]search after such as were thought might be hid in the Corn; And that there was one Thomas Crocker of the same Troop amongst us, who found in the corn one Nicholas Ward a Drummer of Chard, and with his sword gave him divers wounds and cuts, and as this Deponent believeth would have killed him, if he had not begged for his life: And this Examinate faith, that he saw the said Crocker so wound the said Ward; and that before the said wounds so given, as aforesaid, this Deponent did not perceive any hurt or wounds the said Drummer had, he having left his Drum in the high-way, and was hid in the corn as aforesaid: And he this Deponent lastly saith, that he did not at all that day see the said Sir Iohn Stawell either discharge his Pistol, or hurt any man with his sword, or go out of the road-way upon the charge or Retreat; but when he returned out of the corn-fields as a­foresaid, he found the said Sir Iohn with the said Troop on the top of the Hill, ready to march back to Wells; and further de­poseth not.

Robert Vax of Westham in the County of Essex being deposed, maketh Oath, and saith.

THat this Deponent, being formerly a servant unto Mr. Emanuel Sandys of Petherton in the County of Somerset, was with his said Master in the party commanded by Captain Preston of the said County, and marching, as this Deponent verily be­lieveth, towards Glastonbury, they descryed a party of Horse on the top of an Hill called Marshals-Elm, the which party was un­der the command (as this Deponent hath been since informed) of the Marquess of Hertford, in which party was Sir John Stawell, and divers other Gentlemen, which this Deponent did then see. And further this Deponent maketh Oath, and saith, that before the Engagement he both saw Sir John Stawell come down the Hill, and also heard him call unto & demand of Capt. Preston, with the Officers of our party, whither they were marching; unto whom Captain Preston replyed, that he intended to march to Glastonbury that night: whereupon the said Stawell desired him to march back with his company to Somerton, promising him that if he would send any person or persons of his company to Glastonbury, Wells, or to the Marquess of Hertford, that they should be permitted to pass without any molestation: to which the said Captain Preston replyed, that he resolved to march that night to Glastonbury aforesaid; and as he was marching up the Hill, called Marshals-Elm, heard one of the party under the com­mand of the Marquess to say, that if they advanced any further they would fire on them: And further this Deponent faith, that at the time of the Engagement he was then present when the said Sandys was taken prisoner, and that he heard the said Sir [Page 11] John Stawell to call and say unto some of that party then about the said prisoner, desiring them to hold their hands, in that he knew him to be an honest Gentleman; further saying, that it was Mr Sandys of Petherton: And this Deponent further saith, that immediately after the taking of the said Sandys Prisoner, he this Deponent did see Sir Iohn Stawell ride down to the foot of the Hill, and did then and there, in the view of this Deponent, fall about and endevor to prevent the pursuit, causing many of that party to return back from pursuing the said party then with Captain Preston: And this Deponent maketh Oath and saith, that being encompassed and amongst the Enemy, and endeavor­ing to make his escape as he thought towards Somerton, and riding through a corn-field, he saw Nicholas Ward, then Drummer to Captain Preston, encompassed by two Souldiers on horseback, and that this Deponent did see one of the said Souldiers to give him the said Ward several blows with his sword: And further this Deponent saith, that Sir Iohn Stawell was not the party, nor then present when the said Ward was wounded, for as much as the said Sir Iohn Stawell was at that instant time standing at the foot of the Hill: And this Deponent saith, that one of the Soul­diers, then present at the wounding of Ward, was named Crocker, which formerly was a Retainer to the Lord Paulet: And further this Deponent maketh Oath and saith, that as he was making his escape, was overtaken by three Horsemen within half a mile of Somerton, who gave him several wounds, leaving him in the high-way; but that any or either of the aforesaid wounds were given him by the said Sir John Stawell, this Depo­nent saith not: And further this Deponent saith, that being wounded, he was brought to Somerton; and not being able, by reason of his wounds, to march with his company, was with divers others maimed and wounded men left behinde in the said Town: And this Deponent saith, that within three days after this Deponent's being there, the said Sir John Stawell, with several others of that party, came into the said Town to quarter; and that the said Sir John Stawell, with divers others of that party, did give several sums of Mony unto many of the wounded and maimed Souldiers so left be­hinde, whereof this Deponent received a part (to the va­lue, as neer as he this Deponent can remember, of about four pounds:) And further this Deponent saith not.

To his Highnesse Prince Maurice, and to his Excellency the Lord Mar­quesse and Earle of Hertford, Generall of his Majesties Forces in the West.

The humble Petition of the Inhabitants of the Town of Taunton.

BEing very sensible of the great oppressions we have suffered, and the miseries to which we are reduced under that government, and by rea­son of those Governours, to whom necessity hath of late times enforced our subjection, and yet with some comfort resenting those happy times wherein the Lawes and Justice of this Kingdome were by the hands of the noble Gentry of these parts so dispensed amongst us that every man enjoyed his owne, his liberty, his property, and lived a most happy people under a most gratious Soveraigne, and being desirous to be againe brought as neere as may be to the same happy condition, doe in all humillity beseech your High­nesse and Excellency will vouchsafe to assigne some Gentleman of birth and honour neere adjoyning to us, to be our Governour, (who to your Highnesse and your Excellency shall seeme fit, and under whose protection we may enjoy the almost forgot felioities of former times, our liberties and safeties. And we shall account our selves most happy, and will ever thankefully ac­knowledge your graces and favours to us, and pray for your Highnesse and Excellencies prosperities with increase of happinesse and honour.

WIlliam, Marquesse and Earle of Hertford, Viscount Beauchampt Lord Seymor, one of his Majesties most honourable Privy Coun­cell, and Lieutenant Generall of his Majesties Forces in the West: To Sir John Stawell, Knight of the honourable order of the Bath greeting. By vertue of the authority and power given from our Soveraigne Lord King Charles, under the great Seal of England, as Lieutenant Generall as a­foresaid, I doe hereby constitute and appoint you the said Sir John Stawell to be Governour of the Towne and Castle of Taunton, and the Parish of [Page 15]St. James thereunto adjoyning, scituate in the County of Somerset, and the Garrison therein, and Forces thereof, and doe give unto you full power and authority in his Majesties name and for his service, the said ga [...]rison and Forces as Governour to command, arm, discipline, traine, and order in warlike manner, and with them to fortifie the said Towne, Castle, and Parish, and defend and preserve the same against all his Majesties enemies whatsoever to the utmost of your abilities, and further exercise Marshall Law within the said Towne, castle, and parish upon all offenders deser­ving the same, and to doe, performe, and execute all such act and acts, thing and things, as to the Office of a Governour of a Towne, castle, and Parish doth of right appeartaine and belong, willing and commanding all Officers and Souldiers of the said Garrisen, together with the Inhabitants of the said Towne, castle, and Parish to obey you as their said Governour according to this your commission, as also all such Officers as you shall appoint under your hand and seal for the furtherance and advancement of his Majesties service: And you your selfe to observe and follow all such orders and di­rections as you shall from time to time receive from his Majesty, my selfe, or my Lieutenant Generall according to the occasion and discipline of Warre.

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 Towne of Taunton and the Parish of St. Somerset. James, the sum of eight thousand pounds, being the sum set downe and imposed upon them by his Highnesse, his Excellency, and the councell of Warre: And if it shall ap­peare unto him that any person or persons shall be overcharged with the said Taxe or payment in respect of their estates or quality, the said Sir John Stawell hath power by this to Assesse any other man who is omit­ted and not already rated, for the ease of such parties as shall have just cause to have reliefe.

I Frances Treagle, wife of George Treagle of Taunton, doe testifie that when Sir. John Stawell was Governour of Taunton, about the yeare of your Lord 1645. there came a Gentleman unto me, whose name I did afterwards understand was Sir Samuell Caswarth, who told me, that he came by authority from Prince Maurice to demand such Plate and Jewels, as Sir Samuel Rolle his Lady had left with me, whereupon I did use means to acquaint Sir John Stawell therewith, who willed me to keep the plate which I had in my custody, for he saw no cause why the same should be delivered away, and thereupon the Gentleman was dis­missed, and the plate preserved, which I did afterwards send to Lon­don, to Sir Samuel Rolle by one Mr. Budd of this Town. And this I am ready to testifie upon my oath, and have hereunto subscribed my name the third day of October 1653.

For Sir John Stawell, Governour of Taunton:

ALthough I cannot be satisfied that the Castle is tenable dgainst a strong siege, yet I would have it mann'd, and in order to that I would have you draw out of your Garrison, a good Captaine, Lieutenant, and En­signe, with fourscore men, to maintain the same, and to victuall it for three moneths, and the rest of your Garrison to be sent to Bridgewater. You are to reserve four pieces only of Canou, and to send the rest with bullet to Bridgwater. And in respect (as I am informed) you have great store of provisions already in the Castle, I would have you after the victualling of the Castle for the said fourscore men for three moneths, to send the rest of your store to Bridgwater. I am Sir,

I hold not the command of the fourscore men fit for you.

SƲffer 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 depart the Kingdom within the said four Months, to go into any part beyond the Seas.

THat all persons, of what degree or quality soever, comprised within the Articles of Oxon, Exon, and all other Garisons, 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 [Page]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, comprized 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.

The Subscription is thus certified.

I Am commanded by the Committee of the Militia of London, to cer­tifie, 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.

For the Honorable the Committee for Compositions sitting at Goldsmiths-Hall:

The Humble Petition of Sir John Stawell;

THat your Petitioners Estate hath been for a long time sequestred, 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.

By the Committee for compounding with Delinquents, &c. 13 Aug: 1646.

WHereas Sir John Stawell Knight of the Bath, was summon­ed to appeare 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 vertue of the Ordinances of Parliament, of the fifth of A­prill, 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 refusall, and him safely to keep till he conform himselfe thereunto, and for so doing this shall be your Warrant.

SIr John Stawell appeared, and refused to take the Negative Oath, and Covenant.

Ordered that Mr. Stephens report his carriage to the House, and that he be committed to the Serjeant at Armes, and Mr. Ste­phens to report his desire for an allowance of maintenance.

THat I do not remember the precise day of the month when Sir John Stawell first appeared before the Committee at Gold­smiths Hall; But this I well remember, that it was about foure daies before the foure moneths 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 spake at the delivery thereof unto the Committee; yet I do remember that the sense and substance of both was to this effect; viz.

This is a true Copy.

Sir John Stawell being brought by the Serjeant 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.

BY Vertue of an Order of the House of Commons, These are to require you to receive from the Serjeant 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 deteine 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,

Ordered,

THat Master Palmer, Master Walker, Master Harrington, Master Serle, Sir Thomas Wroth, Master Blague, and Co­lonel Popham, or any two of them, doe take care that there be a Prose­cution and an Indictment prepared against Sir John Stawell at the next Assises to be holden for the County of Somerset for High Treason, for his levying War against the King, Parliament, and Kingdome of England.

Ordered,

THat Master Maynard, and Master Hill doe take care of the In­dictment against Sir John Stawell at the next Assizes for So­merset.

REsolved by the Parliament, That Sir John Stawell Knight be pro­ceeded against for life in the Ʋpper Bench.

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 enjoyned to kneel, which your Petitioner forbore to doe, not of any will to lessen the great Respect and Reverence due to that Honourable Assembly, but conceiving he might first have spoken.

But now finding he hath committed an Error, for which he holds him­self obliged to make an humble acknowledgement, and by this Petition to crave a favourable interpretation of his offence:

Your Petitioner humbly begs your pardon, being very sorry that he hath given you so just cause of displeasure, And shall account it, (in these his sad misfortunes) a very great happiness to be restored to a capacity of your favours, And that you would not look back upon what he prayes may be forgotten, but be pleased in the midst of judgement to remember mercy.

To the Right Honorable, the Lords, and others the Commissioners appoin­ted by an Act of Parliament for relief of such as have been, are, or shall be sued, molested, or any wayes dampnified, contrary to Articles or Conditions granted in time of War.

The Humble Petition of Sir John Stawell, Prisoner in Newgate,

THat the Articles made upon the Surrender of Exeter, da­ted 8. Aprilis 1646, and a Pass from the Lord Generall Fairfax, dated the 14th. of the same moneth (declaring accor­ding to truth, that your Petitioner was comprised in those Ar­ticles) he repaired to London to make his Composition, and ac­cording to an Order of Parliament of the 2d. of July 1646. re­paired to the Committee of the Militia of London, within the time limited by that Order, and there undertook by a subscrip­tion under his hand not to bear Armes against the Parliament, as by that Order, and the Intention of his Articles was re­quired.

That the 24th. of the same Moneth of Iuly, he preferred a Petition in person to the Committee of Goldsmiths Hall for com­pounding [Page 33]with Delinquents, desiring to be admitted to his com­position, according to the said Articles, but was not admitted thereto, in regard he refused to take the Covenant and Negative Oath. And the 13th. of August 1646. was by Order of the said Committee sent Prisoner to Ely-House for such his refusall.

That the 18th. of the same August he was sent for as a Delin­quent to the Bar of the House of Commons, and was from thence committed to the Prison of Newgate, during the pleasure of that House, for High Treason, in levying War against the Parl. All which will appear by true Copies annexed of the Lord Fairfax his Pass, The Order of the second of Iuly 1646. The Certifi­cate of the Clerk of the Committee of the Militia of London, The Petition to the Committee of Goldsmiths Hall, and the se­veral Warrants to the Serjeant at Arms, and Keeper of the Pri­son of Newgate.

That during his imprisonment in Newgate, which hath been neer three years, he hath been indicted severall times for Trea­son, and other crimes, and two severall mornings arraigned for his life. And many Actions have been prosecuted against him, and Judgments had upon divers of the same, to the value of 6380 l. 10 s. A Schedule of which Actions is also hereunto annexed, and is threatned with many more. And all these for Acts done by him, relating unto the unhappy differences betwixt his late Ma­jesty and the Parliament, before the date of the said Articles, and his Estate continued all this time under Sequestration; whereby, and by waste and spoile of his Woods and Timber, and taking away by the Committees in the County of Somerset, all that little of his goods which the Fate of War had left him, (and the Articles preserved unto him) he hath suffered neere the loss of 20000 l. in his Estate, beside the hazards of his life by the aforesaid Indictments, and what he hath suffered in his Liberty and Good name, which with good men is pretious and unvaluable.

That he hath not since the Articles granted unto him taken up Arms, or otherwise been ingaged in any new Hostility against the Parliament, or by his own default forfeited or lost the be­nefit of the said Articles or Conditions thereby granted unto him, but hath in all things within his power conformed to the said Articles, by submitting to a reasonable and moderate Com­position, and a timely Petition to that purpose, and a Subscrip­tion and Engagement not to bear Arms, or Act against the Par­liament.

That by the 21. & 22. of the said Articles, No Oath, Cove­nant, Protestation, or Subscription relating thereunto, was to be imposed upon him, but only such as should bind him not to bear Armes against the Parliament, and not wilfully doe any act prejudicial to their Affaires whilest he remained in their Quar­ters, [Page 34]which your Petitioner hath punctually performed by his aforesaid Subscription before the Committee of the Militia of London, and hath really observed that Engagement.

That by the 12th. of those Articles your Petitioner was not to be questioned or accountable for any Act past by him done, or by any other by his procurement relating unto the unhappy differences betwixt the late King and the Parliament; He sub­mitting to a reasonable and moderate Composition for his E­state, which the Generall undertook to endeavour really with the Parliament, that it should not exceed two years value of any mans reall Estate; and for personall, according to the ordina­ry rules, not exceeding the proportion aforesaid: which Com­position being made, he was to have Indempnity of his Person, and enjoy his Estate and all other Immunities without payment of the fifth or twentieth part, or any other Taxes or Impositions, except what should be hereafter charged upon him in Common with other Subjects of this Kingdome by Authority of Parlia­ment, as by a Copy of the said Articles hereto annexed may ful­ly appear.

That he humbly conceives that the pressing of the Covenant and Negative Oath upon him in manner before expressed, and stop of his Composition for refusall of the same, and imprison­ment for that cause, and all the aforesaid proceedings against him are contrary to the said Articles, and the Conditions and En­gagements of the Army made unto him: And he doth not conceive how the Orders of Parliament of the fifth of April, and the first of November 1645. mentioned in the Warrant of the Committee of Goldsmiths Hall, for their Authority, doth give them any power against your Petitioner, who came in by Arti­cles upon the faith of the Army, and the Generals Pass declaring so much, and those Articles approved and confirmed by the Commons assembled in Parliament, 6. May 1646. being in time after the said Orders of the fifth of April, and first of November 1645. were made.

That according to the said Act, he humbly prayes you will be pleased to appoint a speedy time for the hearing of the Peti­tioners complaint, and that the Keeper of the Prison of New­gate may by your Order bring your Petitioner then before you, and such causes as are against him for his Commitment and de­teiner in that Prison.

That your Petitioner by your Order may be freed of his a­foresaid imprisonment, and from all Votes, Indictments, Char­ges, Judgements, and Executions against him, for the matters before mentioned, and that satisfaction may be acknowledged upon the said Judgements.

That he may be restored to the present possession of all his E­state, without taking of Oathes or Covenant, and be freed from [Page 35]Sequestration, in regard the profits of his Lands, the benefit made of his Woods and Timber, besides his other losses, have been received and imployed to the use of the Parliament neer three yeares since his Petition for Composition was preferred, which far exceeds two yeares value of his Estate (which was the utmost penalty the said Articles charged upon him for a Composition.

That all such Goods as have been taken from him by the a­foresaid Committee, Sequestrators, and others, contrary to the Articles granted unto him, and since the Date of them, may be restored either in Specie, or in value, according to the equity of the said Act.

That by your Order a stop may be given to all proceedings, hereafter to be had or prosecuted against him for any act by him done, or any other by his procurement relating unto the un­happy differences betwixt the late King and the Parliament; And that for the prosecution of his Complaint, he may (as in Cases of like nature, have liberty upon Bayle to attend and fol­low his business from time to time whilest it depends before you. By all which, the Faith of the Army will be preserved and vindicated, and your Honours and Justice will appear to a languishing Prisoner.

A Charge of high Treason, Murther, Felony, and other high Crimes and Offences exhibited to the high Court of Justice, by Edmund Pri­deaux, Esquire, Attorney Generall of the Common-wealth of Eng­land, for and on the behalfe of the Keepers of the liberty of England by Authority of Parliament, against Sir John Stawell, alias Sto­well, late of Higham in the County of Somerset, Knight of the Bath, by him perpetrated and committed; that is to say.

THat he the said Sir John Stawell, alias Stowell, out of a trayte­rous and wicked design to destroy the Parliament and peo­ple of England, and to subvert the fundamentall lawes and go­vernment of this Nation, hath severall times in severall yeers of our Lord, one thousand six hundred forty two, one thousand six hundred forty three, one thousand six hundred forty foure, one thousand six hundred forty five, and one thousand six hun­dred forty six, in divers and sundry places trayterously and ma­liciously levied and prosecuted a cruell and bloody war in this Land, on the behalfe of Charles Stuart, late King of England, a­gainst the Parliament and the Forces raised by authority of the same; and hath been voluntarily aiding and assisting to the said late King & his party in the late wars against the Parliament and people of England, and the forces raised by authority of Parlia­ment: And particularly he the said Sir John Stawell, alias Sto­well, on the first day of March, in the yeer of our Lord one thou­sand six hundred forty and two, did in an hostile manner at, or neer a place called Marshalli Elme in the said County of Somer­set, with many armed men horse and foot, rebelliously and trayterously levie actuall war against the Parliament of England, and did with the said war-like Forces commit divers and sundry Murthers, Outrages, Cruelties, Burnings, and Destructions, upon the persons, goods, houses, and estates of divers of the people of England; and he the said Sir John Stawell, alias Stowell, at the time and place last before mentioned, and divers other times and pla­ces did with the said war-like Forces trayterously levie war, fight, and joyn battell against the Forces of the Parliament and people of England; In which said fight, or fights, battell, or bat­tels, he the said Sir John Stawell, alias Stowell, with the said war­like Forces did trayterously and maliciously kill, slay, and mur­ther many of the people of England; and particularly on the said first day of March, in the said yeer of our Lord one thousand six hundred forty two, at Marshals Elme aforesaid, did trayterously, feloniously, and of his malice forethought, kill, slay, and mur­ther one Robert Oseborne, late of Taunton in the said County of So­merset Gentleman, and divers others: And further, that he the said Sir John Stawell, alias Stowell, the last day of Aprill, in the yeer of our Lord one thousand six hundred forty and foure, at, [Page 37]or neer the Town of Taunton in the said County of Somerset, feloniously and of his malice forethought, did kill and murther one Christopher Viccary, late of Taunton aforesaid, in the said Coun­ty of Somerset, Yeoman. All which Treasons, Murthers, Felonies, Crimes, and Offences of him the said Sir John Stawell, alias Stowell, were and are against the publike peace, the Parlia­ment and people of England. And the said Attorney Generall by protestation saving to himselfe, on the behalfe of the said Kee­pers of the liberty of England, Liberty of exhibiting at any time hereafter any other charge against the said Sir John Stawell, alias Stowell: And also of replying to the answers which he the said Sir John Stawell, alias Stowell shall make to the premisses, or any of them, or to any other charge that shall be so exhibited, doth for the said Treasons, Murthers, Felonies, Crimes, and Offen­ces, on the behalfe of the said Keepers of the liberty of England, impeach the said Sir Iohn Stawell, alias Stowell, as a Traytor, Mur­therer, Felon, and publike enemy to the Parliament and people of England; and prayeth that he may be put to answer all and singular the premisses, that such Examinations, Tryals, Sen­tence, and Judgment may be thereupon had, as shall be agreeable to Justice:

To the supream Authority the Parliament of the Com­mon-wealth of England.

IN obedience to an Act of this present Parliament, 9 July, 1650. This Court hath proceeded in the tryall of Sir John Stawell for Treason and other offences, and upon hearing all the evidences and witnesses [Page 38]produced on the behalfe of the Common-wealth, and of the Prisoner; It was agreed by the whole Court that he was guilty of the Treason and o­ther high Crimes and Offences charged on him.

But upon his speciall pleading of right to the Articles of Exeter (confirmed by Parliament) by which no person therein compri­sed, and submitting to reasonable composition for their Estates, should be questioned, or accountable for any Act passed by them done, relating to the unhappy differences.

The Court findeth that the said Sir Iohn Stawell was compri­sed within the said Articles, and that in pursuance thereof he did subscribe before a Committee for the Militia of London, accord­ing to an order in Parliament of the second of Iuly, 1646. And did also personally appeare within foure moneths after the said Articles, and present a Petition to the Committee of Gold­smiths Hall for composition in relation to the said Articles of Ex­eter.

And this Court conceiveth, and hath so resolved and declared upon severall debates, that his tender of that Petition (in the manner proved before this Court) was a submission to compo­sition, according to the said Articles of Exeter.

But because we finde some Resolves of Parliament, that (af­ter the said Articles and his submission as aforesaid) do order that he should be tryed for Treason; And the said Act of Par­liament for his present tryall doth declare him not admitted to composition: We therefore do not proceed to Sentence, but do thus humbly certifie his case to this honourable Parliament.

For the right honourable the Speaker of the Parliament of England.

THe high Court of Justice at their meeting upon the businesse of Sir John Stawell, who stands referred to them by the Parliament to be tryed, which have held severall debates which have produced the Re­sult contained in the paper inclosed; And it is our desire it may be by you humbly presented to the Parliament.

To the Supream Authority the Parliament of the Common-wealth of England.

The humble Petition of Sir John Stawell, Prisoner in the Tower.

THat your Petitioner was comprised within the Articles of Exe­ter, and was to enjoy those benefits which were agreed on at the rendition thereof.

That he hath really performed all things within his power, which were by the said Articles required on his part. Notwithstanding he hath for the space of almost six yeers lain under the weight of your dis­pleasures, [Page 40]not onely by the sequestration of his Estate, and a long and sad Imprisonment, but by the prosecution of his life upon severall Indict­ments; and lastly, by a tryall before the high Court of Justice.

Your Petitioner humbly praies that you will be pleased to cast your eye upon the annexed Certificate of that high Court directed unto you, and that as by the blessing of God, the Justice of that honourable Court, and the benefit of the said Articles his life hath been hither­to preserved, so the liberty of his person and the possession of his E­state may be granted unto him by the mediation of your favours, discharged of such Iudgments, Sales, or Incumbrances, as are contrary to the intent and true meaning of the said Articles, in regard that the profits of his Lands, the benefit made of his Woods and Timber, besides his other losses, have been received and imploy­ed to the use of the Common-wealth, neer six yeers since his Petiti­on for Composition was preferred, which far exceeds two yeers va­lue of his Estate, which was the utmost penalty the said Articles charged on him for a Composition.

Lastly, though principally intended, he humbly praies that himselfe, 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 mistakings 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 wisdome and Iustice absolutely to ruine him.

An Act for reviving a former Act for reliefe of persons up­on Articles, was this day read the third time.

A Proviso was tendred to this Act in these words; viz. Provi­ded that this Act, or any thing therein contained, shall not extend, [Page 41]nor be construed to extend to prejudice, alter, or make void any resolu­tion, votes, or judgments 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.

The house resumed the debate upon the Bill for reviving the former Act for reliefe of persons upon Articles.

ANother Proviso was tendred to this Bill in these words. Provided alwaies and be it hereby enacted and declared, that no reall or personall Estate which hath been setled, conveyed, or assured to any person, or persons, by vertue 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 vertue 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 set­led, conveyed, or assured, but in value to be satisfied by such other Lands or Revenew, 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.

To the Honourable the Commissioners for reliefe upon Articles of War.

The humble Petition of Sir John Stawell, Prisoner in the Tower,

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 accomptable 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 Generall Sir Thomas Fairfax was really to en­deavour with the Parliament that it should not exceed two years value of any mans reall estate respectively; and for personal, according to the or­dinary rules, not exceeding the proportion aforesaid; which Composition being made, they should have indempnity 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 one­ly such as shall binde all persons aforesaid not to beare Armes, or Act a­gainst the Parliament of England sitting at Westminster, or willfully doe any Act prejudiciall to their affaires whilest 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 surrendring 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 beare Armes 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 moneth of July he preferred his Pe­tition in person to the Committee of Gold-Smiths Hall for compound­ing with Delinquents, desiring to be admitted to his Composition accord­ing [Page 43]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 refusall only, committed to the custody of the Sergeant at Armes, 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 remo­vall 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 then Kings Bench Barr; And many Actions have been prosecuted against him, and Iudgments had upon divers of them, to the value of neer 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 Iustice re­moved from Newgate to the Tower of London, and there kept in close custody for some moneths; And on the 17th. day of December 1650. and divers dayes after brought before the said High Court, and tryed for his life, and after many dayes tryal, the examination of seve­ral Witnesses, and a very strict search and enquiry into all actions, and the performance of the Articles on his part, the said High Court did not think fit to proceed to sentence, but to certifie the Parliament of their pro­ceedings, as by the Copy of the said Certificate hereunto annexed may ap­peare.

That ever since the said Tryal he hath continued prisoner in the Tow­er, and from the time of granting the said Articles (being almost seven years since) his estate hath been kept under Sequestration, whereby, and by the encrease of his Debts, the waste and felling of his Woods and Tym­ber, and spoyling his Houses, and the taking away of all that little that the War had left him, and which was by the said Articles preserved unto him, He hath suffered the losse of neere 30000 l. in his estate, out of which he hath not been allowed any thing towards his subsistance, besides what he hath suffered by a sad and tedious Imprisonment, and hazard of his life by the aforesaid Indictments and Prosecutions.

That by an Act of Parliament passed on the 16th. of July 1651. his Estate amongst divers others was declared and adjudged to be forfeited by him for Treason against the Parliament, and the same hath been since sold accordingly.

That he hath not (neither any of his sonnes or Servants have) since the granting of the said Articles, taken up Armes, or otherwise been en­gaged in any Act of hostility against the Parliament, neither hath he by any default of his forfeited or lost the benefit of the said Articles, or Con­ditions granted unto him, but hath in all things within his power con­formed [Page 44]to the said Articles, by submitting to Composition in due time, and by a subscription and Engagement not to bear Armes, or Act against the Parliament.

Wherefore your Petitioner humbly prayes, that you will be pleased to cast your eves upon the annexed Certificate of the High Court of Justice, attested un­der Master Scobells hand: And that, as by the blessing of God, the Justice of that Honourable Court, the be­nefit of the said Articles, his life hath been hither unto preserved, so the Liberty of his person, and the pos­session of his estate may be granted unto him, dischar­ged of such Judgements, Sales, Executions, or Incum­brances, as are contrary to the intent and true mean­ing of the said Articles; And also that by the media­tion of your favours, he may enjoy his Estate free from Composition, in regard that the profits of his Lands, the benefit made of his Wood and Timber, and much of his other Losses, have been received and im­ploied to the use of the Common-wealth almost seven years since his Petition for Composition was prefer­red, which farre exceeds two years value of his Estate (which was the utmost penalty the said Articles char­ged on him for a Composition;) And if this his hum­ble request shall not finde favour in your sight, Then he further prayes, that he may receive from this Ho­nourable Committee such justice and right as shall be agreeable to his Articles, and the several Acts of Parli­ament established for his reliefe.

The Plea and Demurrer of Edmund Prideaux, Esquire, Attorney Generall for the Common-wealth of England, to the Petition of Sir John Stawell.

THe said Attorney Generall (not confessing any the mat­ters in the said Petition contained to be true, in such manner and forme as the same are therein set forth; The whole Scope of the said Petition of the said Sir John Stawell be­ing [Page 45]to seek releife upon the Articles made the eighth of April 1646. upon the Surrender of Exeter; (within which Articles, as by the said Petition is supposed, he the said Sir John Stawell was and is comprised) as to the Liberty of his Person, and Pos­session of his Estate) for Plea thereunto saith, That inasmuch as in and by the said Petition it doth appeare that he the said Sir John Stawell was committed by the House of Commons (thereby mea­ning) as is conceived) the Commons of England assembled in Parlia.) to the Prison of Newgate, during the pleasure of the House (ther­by again meaning) as is also conceived) the said Commons of En­gland assembled in Parliament) for High Treason in levying war a­gainst the Parliament: And for that it also appeareth in and by the said Petition, That by an Act of Parliament passed the sixteenth day of July 1651. The Estate of the said Sir John Stawell (amongst divers others) was declared and adjudged to be by him forfeited for High Treason against the Parliament; And the said Estate so adjudged forfeit­ed, hath been since sold and disposed of, in pursuance, and by vertue and authority of the said Act of Parliament: Thereupon the said Attorney Generall doth demurre in Law upon the said Petiti­on, and doth demand the judgement of this Court, if this Court hath Jurisdiction, or may or ought to hold Plea, or take conu­sance of the said matters in the said Petition contained; And the rather for that it doth not appear in or by the said Petition, that the said Commons of England assembled in Parliament have declared their pleasure as touching the imprisonment of the said Sir John Stawell for the Treason aforesaid; And the Parliament of England having by the aforesaid Act (in which all the people of England, and their consents thereunto, are involved and in­cluded) adjudged the said Sir John Stawell to have forfeited his Estate for High Treason, and for that the same is forfeited as aforesaid; And the said Judgement being now fully executed, and the Estate of the said Sir John Stawell in fact sold and dispo­sed of by, and according to the said Act of Parliament; The said Attorney Generall further saith, That no Subordinate, or Delegated Court or Authority whatsoever, hath power to ex­amine the cause of the aforesaid Judgement; Nor is the said Judgement to be reversed or annulled, but by immediate pow­er and authority of Parliament, and is not, nor can be trans­mitted to any other Judicature whatsoever; Nor can, nor ought it to be supposed that the aforesaid Judgement is or hath been given in breach or violation of any Articles confirmed by Parliament, in the observation, or violation of which Articles, the Faith of the Army, and Honour and Justice of the Nation of England is so highly concerned; Neither ought this Court (as the Attorney Generall humbly offereth) to admit the a­foresaid Act of Parliament, and the proceedings thereupon had, to be drawne into examination; for that were to sit in Judge­ment [Page 46]upon the Parliament, and to judge their Actions; For all which Causes, and other apparent insufficiencies and imperfe­ctions in the said Petition contained, the said Attorney General doth likewise demur in Law, and doth demand judgment of the Cou [...], if any further proceedings shall be had upon the said Petition, as to the imprisonment of the said Sir John Stawell, and the restitution unto him of his Estate so forfeited by him, and sold and disposed of as aforesaid, or any part thereof.

A true Copy

To the Honourable the Commissioners for Releife upon Articles in time of Warre.

WHereas by your Orders of the sixth and tenth of Novem. instant, the Trustees appointed by Act of parliament of the sixteenth of Iuly 1651. for Sale of Estates forfeited to the Common-wealth for Treason, were to shew cause in writing why all further proceedings touching the Sale of Sir Iohn Stowells Estate (if any thing remain to be done concerning the same) should not be stayed till further order and direction from you.

In answer whereunto by their Counsell, they return this for cause, That by the aforesaid Act of Parliament, the Estate of Sir John Stowell amongst others is declared and adjudged to be justly forfeited by him for his Treason against the Parliament & Peo­ple of England, and is thereby vested and setled in the said Tru­stees and their heires in order to be sold for the benefit of the Common-wealth: That accordingly and in pursuance of their trust they have sold all Sir John Stowells estate; some part to the tennants themselves (who thereby have drowned their estates) other parts to others upon doubling their Publick faith Bills, & most of the Purchasers are in possession. That this being done by Act and Authority of Parliament, ought not (as they humbly conceive) to be questioned or reverst by any derivative Autho­rity whatsoever. And therefore the said Trustees do demurre in Law, and pray the Judgement of this Court, if this Court hath Jurisdiction, or may hold Plea of this cause: For Plea they say, that by the last proviso in your Act, power is given you to stay sale of estates of such persons as have not Articles confirmed by Parliament, whereas the Articles which Sir John Stowell claimes benefit of, are confirmed, as in his Petition is alledged.

They further say, for that it appeares that the first Act autho­rizing [Page 47]this Court to give relief upon Articles, did determine the twentieth of June One thousand six hundred and fifty, and that the Parliament of England, by an Act passed the ninth of July fol­lowing, did direct the triall of Sir John Stowell by the High Court of Justice for Treason: And also by the aforesaid Act of the 16th. of July 1651. did adjudge his estate to be sold, which Judgement is fully executed by the sale thereof, accord­ing to the said Act. Therefore it shall be presumed, the Parlia­ment did the same upon most just grounds, and the cause of their Judgment is not to be examined; Nor is their said Judgement to be reversed or annulled but by immediate power & authority of Parliament; for all which causes the said Trustees by their Counsell doe demurre in Law, and demand Judgement of the Court, if any further proceedings shall be had therein

A true Copy.

UPon large and deliberate debate of the Petition of Sir John Stawell, prisoner in the Tower, wherein he claims the be­nefit of the Articles made upon the surrender of Exeter, and con­firmed by Parliam. contrary to which Articles (as he alledgeth) he hath not onely suffered a long Imprisonment, and undergone severall tryals for his life, but Judgments are obtained against him to a great value, for things done in time of, and in relation to the late War, and before the date of the said Articles; And his Estate since sold by the Trustees for sale of Lands forfeited for Treason: Whereupon he praies reliefe, having no way (as he saith) lost or forfeited the benefit of the said Articles; unto [Page 48]which Petition severall Pleas and Demurrers have been put in by the Counsell for the Common-wealth, and for the said Tru­stees, the effect whereof is; It appearing that the Parliament hath interposed in the case of the Petitioner, both in respect of his Imprisonment, and in appointing tryals for his life, and the selling of his Estate, as by them judged to be confiscated for Treason: Therefore to his Imprisonment and possession of his Estate, it is pleaded, that this Court could not take Cognizance of the Complaint, or examine or give any reliefe thereupon; which Pleas and Demurrers remaining upon record in this Court, with the debates had thereupon: The Court having taken into their serious consideration, and the power and trust committed to them by the Parliament, in and by their severall Acts for doing Justice in cases of this, and the like nature, after mature deliberation had and taken of the premisses, are of opi­nion, that the said Pleas and Demurrers which for present admit the state of the Fact to be such as in the Petition is declared, do not contain in themselves sufficient matter to preclude this Court from proceeding in this cause, and do therefore resolve and adjudge that the said Pleas and Demurrers be overruled and set aside. And it is further ordered, that Mr. Nuttley, the Sollici­tor attending this Court, do acquaint the Councell for the Common-wealth, and the said Trustees with this resolution; to the end they may set forth such other cause as they have to alledge (if there be any on the States behalfe) by way of Plea or answer to the said Petition, which the Court holds fit to be done, and delivered into Court by, or before Friday, being the four­teenth day of this instant January, that such further proceedings may be had in the said cause, as shall appertain to Justice.

The Answer of Edmund Prideaux Esquire, Attorney Generall for the Common­wealth of England, to the Petition of Sir John Stawell.

THe said Attorney Generall saving and reserving to him­selfe now and at all times, hereafter all and all manner of ad­vantage by way of exception, or otherwise to the uncertain­ties, untruths, and insufficiencies in the said Petition contained, For answer thereunto, saith, that he the said Attorney Gene­ral knoweth not that the said Sir John Stawell was comprised within the Articles in and by his said Petition mentioned and alledged, to have been made upon the surrender of the City of Exeter, the eighth day of Aprill, in the yeer of our Lord one thou­sand six hundred forty and six, as in the Petition is set forth. Nor that he the said Sir John Stawell was in the said City of Exeter at the time of such surrender thereof, or that he was an Inhabitant within the said City seven moneths before the date of the said Articles; and the said Attorney Generall further saith, that if in truth he the said Sir John Stawell was so comprised within the said Articles, as in and by the said Petition is alledged; yet the said Attorney Generall knoweth not that he the said Sir Iohn Stawell did submit unto, or make composition for his Estate, ac­cording to the purport and true intent and meaning of the said Articles, and as he ought to have done: with this also, that here the said Sir Iohn Stawell hath not well and truly performed such of the said Articles as on his part and behalfe were and ought to have been performed, according to the tenor, purport, and true intent and meaning of the said Articles, but hath wilfully bro­ken and infringed the same, whereby he hath through his own default forfeited and lost the benefit of the said Articles. And further, that since the time of the said Articles so granted as a­foresaid, he the said Sir Iohn Stawell hath been engaged in secret Counsels against the Parliament of England, and hath done and committed other Acts subsequent to the date of the said Ar­ticles, whereby he hath also lost and forfeited the benefit of the said Articles through his own default, in case he was so compri­sed within them, as in and by the said Petition is alledged. And the said Attorney General further saith, that by the said Sir John Stawels own shewing in and by his said Petition it doth appeare, and the truth so is, that he the said Sir Io: Stawell after the making [Page 50]of the said Articles was committed by the Commons of England assembled in Parliament to the Prison of Newgate during their pleasure, for high Treason in levying war against the Parlia­ment. And the said Attorney Generall further saith (which al­so appeareth by the said Sir Iohn Stawels own shewing in and by his said Petition; that by an Act of this present Parliament, passed on the sixteenth day of Iuly, 1651. the Estate of the said Sir John Stawell by the name of Sir John Stawell late of Cudderston in the County of Somerset Knight of the Bath, amongst divers o­thers was and is declared and adjudged to be by him and them forfeited for his and their Treasons against the Parliament and people of England, as by the said Act, relation being thereunto had, appeareth. And the said Attorney Generall further saith, that the said Estate of the said Sir John Stawell so adjudged for­feited, hath been since sold and disposed of in pursuance, and by vertue and Authority of the said Act of Parliament. And the said Attorney General further saith, that the Parliament of Eng­land have not hitherto declared their pleasure as touching the Imprisonment of the said Sir John Stawell for the Treason afore­said: And the said Parliament having by the aforesaid Act, in which all the people of England and their consents thereunto are involued and concluded, adjudged the said Sir Iohn Stawell to have forfeited his Estate for high Treason as aforesaid; and for that the same is forfeited, and the said Judgment of Parliament now fully executed; And the said Estate of the said Sir Iohn Stawell in fact sold and disposed of, by vertue of, and according to the said Act of Parliament as aforesaid. The said Attorney Ge­nerall further saith, that it neither can, nor ought to bee supposed, that the aforesaid Judgment is, or hath been given in breach or violation of any Articles confirmed by Parliament, in the observation or violation of which Articles, the faith of the Army, and the honour and justice of the English Nation are so highly concerned, as by the Petition is set forth. Neither hath the Parliament declared what the said Treason was, nor when committed, for which they have adjudged him the said Sir Iohn Stawell guilty, and his Estate to be forfeited as aforesaid. And the said Attorney Generall neither can, or ought to under­take to ascertain the same: Neither can this Court bee in­formed of the same without consulting the Parliament, or un­till their sense and pleasure be known therein; without that, that any other matter or thing in the said petition contained, mate­riall or effectuall in the Law, to be answered unto, and not there­in sufficiently answered unto, confessed, and avoided, traversed, or denied is true; all which matters and things the said Attor­ney Generall is, and will be ready to aver, justifie, maintain, and prove, as this honourable Court shall award. And therefore [Page 51]humbly prayeth, that the said Petition may be dismissed, &c.

The Answer of the Trustees appoint­ed by Act of Parliament for sale of Delinquents Estates, to the Petition of Sir John Stawell.

THe said Trustees (saving and reserving to themselves now and at all times hereafter all and all manner of Advan­tages by way of Exception or otherwise, to the uncertainties and Insufficiences in the said Petition contained, for a clear and full Answer to the said Petition) say, that by Act of Parliament of the sixteenth of July One thousand six hundred fifty one, The Estate of the said Sir Iohn Stawell (amongst others) is therein mentioned to have been, and is thereby declared and adjudged to be justly forfeited by him for his Treason against the Parlia­ment and People of England. That by the said Act of Parlia­ment his Estate is vested and settled in the said Trustees, their Heires and Assignes, upon trust and confidence to sell and con­vey the same, as in and by the said Act is directed, limited, and appointed. That upon the security of the said Sir Iohn Stawells Lands (and other the Traytors Lands by the said Act appointed to be sold) The said Act doth direct, that the summe of two hundred and fifty thousand pounds should be borrowed for the necessary carrying on the service of this Common-wealth. That for the encouragement of such persons who should be the Pur­chasors of the said Lands or any part thereof, It is further en­acted, that they, their Heires and Assignes, shall have and enjoy the Lands which shall by them be so purchased, discharged of all Trusts and accompts whereunto the said Trustees are or may be lyable by the said Act, and all other claimes and demands what­soever. That in pursuance of the said Act, and according to the Trust thereby reposed in the said Trustees, They have sold to severall persons all Sir Iohn Stawells Estate: And they are confi­dent, and do verily believe, a great part of the purchase money is paid, according to the said Act of Parliament to the Treasu­rers [Page 52]thereby appointed to receive the same, and that the said monies 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 Trustees further say, That they claime not any manner of Interest in the said Sir Iohn Stawells E­state, otherwise then as persons intrusted 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.

IN humble obedience to an order of the honourable Com­missioners appointed by Act of Parliament, for reliefe of per­sons upon Articles granted in time of War, which Order is dated the seven and twentieth of November, 1652. and served a­bout six daies since, whereby Matthew Coker of Lincolnes Inne Gent: is required within 7. daies after service, to make answer in writing to the matter of complaint exhibited against him, touching breach of Articles by Sir Iohn Stawell, whose petition as is informed is now depending before the Commissioners afore­said, according to which the said Sir Iohn Stawell desires to bee releived against him concerning a Messuage in Everchreech and Presley in the County of Somerset. I therfore the said Matthew Coker do for answer say, that whereas the Trustees at Drury house, according to the power given them, had given notice of their resolutions to make sale of Sir Iohn Stawells Estate, and amongst the rest of the Mannor of Presley, part of which Mannor 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 owne Brother, and other kindred and friends, and by vertue 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 Iohn Stawell upon the Land Tenanted by the said William Smith, some great induce­ment to which Purchase, amongst the rest was chiefly the na­turall affection I beare 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 confesse without the least intimation of Sir Iohn Stawell, or any Agent from or under him, I did with the said Trustees contract for, and buy the same; notwithstanding the Articles of Exeter, which I thought would [Page 53]not have concerned me being a private person to look into or judge of; and I the rather did the lesse 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 Iohn 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 Trustees of the premisses sealed and inrolled, therefore though it shall never so much appeare that Sir John Stawell is comprised in, and ought 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 reliefe 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 premisses: But when I shall be assured of satisfacti­on as aforesaid, I shal, being lawfully required, be alwaies ready in obedience to any Parliamentary power to part with my Inte­rest as aforesaid, which I confesse I should have been the more unwilling to have done; but that I have by much experience found, that by reason of the doubtfulnesse whether Sir Iohn Sta­well should have benefit by the said Articles or no, doth make for the disadvantage of the Purchasor in severall respects, and there­fore I hope the honourable Commissioners aforesaid will bee gratiously pleased speedily to decide and put some certain peri­od to the businesse one way or other.

To the Right Honourable the Committee for Articles.

The humble Answer of Iohn VVarr, and Iohn Borradale, Gentlemen, to the Information and Complaint of Sir Iohn Stawell.

THat we did joyntly Contract with the Trustees appointed by Act of Parliament for sale of severall Lands and Estates forfeited to the Common-wealth for Treason of the Demesnes of Bewly, in the County of Somerset, being late parcell of the E­state of the said Sir John Stawell, appointed to be sold by the said Act.

That we were incouraged to the said Contract by the said Act of Parliament; by vertue and authority whereof, we hope and expect to be protected, and to enjoy our said Purchase.

That how farre the said Sir John Stawell is concerned in the pretended breach of the Articles of Exon, concernes not us to look at, The Parliament of the Common-wealth 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.

To the Right Honourable the Commissi­oners for reliefe of persons upon Arti­cles of VVarre.

The Answer of Iohn Fare­well to the Complaint of Sir Iohn 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 Iohn to your Honours Order of Sum­mons of the eighth of December last, with those who (as he con­ceived) had authority to doe the same; And shall freely sub­mit to what Authority shall do therein:

To the Honourable the Commissioners for releife upon Articles of VVarre.

The Answer of Iohn Gorges Esquier to the Complaint of Sir Iohn Sta­well Knight.

THat he was altogether ignorant of any Articles Sir Iohn Stawell had. But he contracted for the Lands mentioned in a Subscription of Sir Iohn to your Honours 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 himselfe, as shall be made in the Case of other the Purchasers on Friday next come seavenight.

I do authoriseThomas Sherwood Gent. to deliver this as my Answer.

The replication of Sir John Stawell Knight, unto the answer of Ed­mond Prideaux, Attorney Generall.

HE the said Sir John Stawell averreth and saith all as in his Pe­tition is alleadged and said, and that he was and is a person comprized 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 inable him to the benefit of the said Articles, nor hath broken or infringed the same, nor ingaged himselfe 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 alleadged in the said answer of validity to debarre this Petitioner is true, all which he averreth, and prayeth as in his Petition he hath already prayed.

REsolved by the Parliament, That all such persons as have purchased of the Trustees at Drury-house the Lands of any Delinquent clay­ming, or who shall claime 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 reliefe to persons upon Articles doe forbeare to proceed any further therein untill the Parliament take further Order.

To the Honourable the Commissioners for reliefe of persons upon Articles of Warre.

The humble Petition of Sir John Stawell, Prisoner in the Tower.

THat your Petitioner is advertized (as by the annexed Letter may ap­peare) 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 sollicite this Honourable Court for his reliefe, and that an especiall favour is granted unto him for that purpose, of which he is not yet made a partaker.

Wherefore your Petitioner humbly prayes, 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 Trustees 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 proofe of his petition.

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 proofe of his petition; and upon reading the Order of this Court of the first of this instant [Page 59] Jane, whereby it was ordered in the presence, and at the desire of the Councell for the Commonwealth, that Councell 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 Generall, and the Attorney of the Dutchy, for the Commonwealth: And upon consideration of what hath been offered by either party, and mature deliberation had thereupon, Are of opinion, and doe finde 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 sworne in the cause, according to the Order of this Court of the sixteenth day of February last past, and to bring on his cause in due course to hearing, and do order the same accordingly.

To my much respected friend Tracy Pauncefote Esq. at his house in the little Amory, Westminster.

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 witnesse, and was then sworne but as yet not examined, I have been by severall Letters from Sir John Stawell requested to come up to London to be now examined, but the truth is my businesse is such here, having been absent from my estate now above twelve yeares, I cannot come up as he desireth, upon which he desireth me to certifie in writing what I can say in his businesse, which I am willing to doe, and have di­rected this Letter to you, that if there be any thing wherein I may doe him Iustice, you may make use of it at his hearing; I being upon my oath shall [Page 60]set nothing under my hand but what is truth, which I dare not otherwise doe if I were not sworne. To the first I know he delivered in a Petition in­to Goldsmiths Hall, desiring to compound for his Estate, comming in as I remember upon the Articles of Exeter, and I know he delivered his Petition within the time according to the Articles. Some of the Commit­tee that were then present gave me and the rest a character of him that he was one of the violentest enemies the Parliament then had, That he was one of the very first that raised Forces against the Parliament, and some other such speeches of the disposition and nature of the man; upon which we were resolved to shew him no favour, but found fault that in the first place in his Potition he had not acknowledged himselfe a Delinquent, to which as I remember he answered, he came to compound according to his Articles; and desired the benefit of them. Then we asked him if he had ta­ken the oath and covenant, or if he had not, we asked him if he would take it; he replyed that by his Articles he was to take no oath; we told him we were commanded that all such as compounded before us should take the oath and covenant, and take the Negative Oath, which he refused to doe: we gave him time for eight or ten daies, or a fortnight; I doe not certainly remember, but it was to my certain remembrance, that by that time his time given him by his Articles would be out that we might deale with him the better. For his deportment to us at that time, and the other that he was before us, for my par [...] I took no offence at it, neither doe I think justly there could be any. He is of himselfe of a blunt carriage, but for uncivility I saw none at the times he was before us, either in gesture or lan­guage. For my part, I would have had him admitted to composition, know­ing money would have done the Parliament service; besides, by his Arti­cles we ought: but I was but one, others were not of my mind, but height­ned his offence high, took exceptions at his carriage and language, and would have it reported to the House; for my part, then I thought there was more in it then was outwardly expressed: but the truth was, by the order of the House we were bound up from admitting him to compound, unlesse he took the covenant, except the House would dispence with it, which they did when they approved of those Articles. But since (I must confesse) I have heard from some of the then Members of Parliament, that one of our Society would have bought a Mannor of Sir John Stawell, which lay neere him, but I knew nothing of it then, but took notice of some tartnesse in the party, which being neighbours and Countreymen, I something wondred at, thinking that Sir John Stawell might have ex­asperated him by some action in the time of war. Sir, if J might know to what the commissioners would have me examined, and send me the inter­rogatories, I shall give them as full an answer, as if I were present. I am confident M. Leech must say the same as J doe about the delivery of the Petition, and the reasons why we then respited him, and went not on to his composition. Sir J am

THese are to certifie whom it may concern, That I, Sir David Watkins, being in the yeere 1646 one of the Committee for compounding with delinquents, then sitting at Goldsmiths-hall, doe well remember that Sir John Stawell Knight of the Bath came to the said Committee with a faire and civill respect, and presented his petition to them within the time limited by the Articles of Exeter, Thereby desiring that he might compound for his Estate according to the said Articles granted to him and others of the Kings party.

He had omitted to acknowledge Delinquency in his said Peti­tion, neither had he taken the Negative Oath and Covenant, as others in his condition had done before their admittance to composition; nor was he willing to submit to either, affirming the same to be contrary to the said Articles, and against his consci­ence, to take the Negative oath and covenant. Therefore his Pe­tition was laid aside, and not received. In witnesse whereof, I have hereunto, at the request of the said Sir John Stawell, subscribed my name, this third day of October in the yeere of our Lord God 1653.

By the Commissioners for compounding, &c.

IN answer to an Order from the Commissioners for reliefe of persons upon Articles granted in time of warre, bearing date the tenth instant in the case of Sir John Stdwell, who claims the Benefit of Exeter Articles. We doe hereby signifie unto the said Court, that upon search made by our Register, he findes not that there are any papers in his custody which concernes Sir John Stawell, save onely an Order of the High Court of Ju­stice of the 26 of Novrmber 1650, requiring Mr. Leech our late Register to certifie unto that Court the proceedings had in relation to the said Sir Johns composition; and we are informed that his petition to compound, with such other papers as con­cerned him were there left before the said High court of Justice, and not sithence delivered back to our Register, so that we know no further matter against the said Sir John Stawell, then what hath been already signified to the said High court upon the said Sir John Stawels Triall. Here remaines with our Regi­ster [Page 62]severall petitions of the Lady Stawell, which we conceive not pertinent to the case of the said Sir John, and therefore think not fit to trouble the court of Articles therewith.

To the Honourable the Committee for Petitions. The humble Petition and Representation of the Trustees for sale of lands forfeited for Treason.

THat by Act of Parliament, bearing date the sixteenth of July 1651. Sir John Stawell, and other Delinquents therein men­tioned were adjudged and declared Traytors, and their Estates forfeited by them for their severall Treasons against the Par­liament and people of England; and the said Estates were by the said Act vested and setled in us as Trustees 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 publique uses.

And whereas divers of the said purchasers doe 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 [Page 63]notwithstanding which Order and Resolve, we are certainly in­formed that the Commissioners appointed to give reliefe upon Articles of Warre 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 doe as shall seem meet to their grave judgements and wisdomes, and so the honour and credit of Acts of Parliament may be preser­ved, and the purchasers setled in their undoubted rights; and your petitioners encouraged in the execution of their trust,

To the supream Authority of this Nation, the PARLIAMENT of ENGLAND.

The humble petition of severall Purchasers of the late Estate of Sir John Stawell, on the behalfe of themselves and other purchasers of the same Estate.

THat your petitioners esteeming Acts of Parliament the highest Law, and greatest security to rely upon, did purchase se­verall 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 shew cause why Sir Iohn should not have his lands, according to Articles of warre. And although the Councell for the Commonwealth on their behalfes have demurred in law, yet is the same overruled, and your peti­tioners left in a strange uncertaine undone condition, unlesse 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 adhearing 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 [Page 64]and justice therein, that so your petitioners may peaceably enjoy their Estates according to their severall purchases.

VPon reading the petition of severall purchasers of the late Estate of Sir Iohn Stawell, on the behalfe of themselves and others the purchasers of the same Estate. Together with the pe­tition and Representation of the Trustees for sale of Lands for­feited for Treason; and upon serious debate and consideration had thereupon, It is ordered that Colonel Rous, who had the chaire of this Committee, doe with all convenient speed report the said petition to the Parliament, and withall offer it as the sence of this Committee, That the purchasers ought to have and enjoy their severall purchases, according to their severall contracts. And in case that Sir John Stawell shall be found within and ought 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.

COlonel Rous reports from the Committee for petitions the humble petition of severall purchasers of the late Estate of Sir Iohn Stawell, on the behalfe of themselves and other purcha­sers of the same Estate, and the severall Votes of Parliament of the 24 of February 1652. which were now read.

Resolved by the Parliament, That this businesse 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 Councell for the Commonwealth, to attend the commissioners for Articles.

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 comprized in the Articles made upon the surrender of the City and Garison 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 comprized should be questioned or accountable for any act past 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 endevor with the Parliament, that it should not exceed two years value of any mans real Estate respectively, and for personal according to the ordinary Rules, not exceeding the proportion aforesaid: Which Compositi­on being made, they should have Indempnity 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 onely such as should binde all persons aforesaid, not to bear Arms against the Parliament of England sitting at Westminster, nor wilfully do any act prejudicial to their affairs, whilest they remain in their Quarters. That he had a Certificate under the Hand and Seal of the then General, dated the 14 of April, 1646. signifying, that he was to have the benefit of the said Articles. That the 15 of July, 1646. he came to London to make his Composition, and according to an Order of Parlia­ment of the second of July, 1646. and within the time thereby limited undertook by a subscription under his hand, not to bear Arms against the Parliament, according to the intention of the said Order and 21 Article. And upon the 24 of the same July, 1646. he preferred his Petition in person to the Committee at Goldsmiths-Hall for compounding with Delinquents, desiring to compound according to the said Articles; But was not admit­ed, because he refused to take the Negative Oath and Covenant: And was the 13 of August, 1646. for such his refusal only, commit­ed first to Ely-House, afterwards by Order of the then House of [Page 62]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 then Kings Bench Bar: And that Judg­ments 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, tryed for his life before the said High Court, who after many days tryal, 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 proceedings to the Parlia­ment: A copy of which Certificate was annexed to this Petiti­on: That ever since the said Tryal he was a prisoner, and from the Date of the said Articles his Estate sequestred, by which, to­gether with his Debts, and felling his Woods and Timber, he hath lost neer 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 Judgments, Executions, Sales and incumbrances 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 Councel for the Trustees for sale of Estates forfeited for Trea­son, on the behalf of the same Trustees; the effect whereof was, It appearing that the Parliament had interposed in the case of the Petitioner, both in respect of his imprisonment, and in appoint­ing Tryals 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 [Page 63]same; this Court, upon the 31 of December last past, declared their opinion. That the said Pleas and Demurrers (which for the present admitted the state of the Fact to be such as is set forth in the said Petition) did not contain in themselves sufficient matter to preclude this Court from proceeding upon the said Petition; and did therefore resolve and adjudge the same to be over-ruled and set aside: and appointed the Solicitor for the State, attending the Court, to acquaint the Councel for the Com­monwealth, and the said Trustees with this Resolution, to the end they might set forth such other cause as they had to alledge (if there were any) on the States behalf, by way of Plea or An­swer to the said Petition: And the Court also, at the prayer of the Petitioner, issued forth summons to such persons as were by the Petitioner named Defendants, and certified by the Trustees 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 Councel for the Commonwealth put in an Answer, wherein they say, they know not that the Petiti­oner was comprized 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 comprized, 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 Judgments as aforesaid. The said Trustees also put in their Answer, and say, That by the said Act of the 16 of July, 1651. the Petitioners Estate was setled 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 Mony is payd; and claim no other interest in the said Estate, then as persons intrusted 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 Lincolns Inn, Gent. saith. That he hath purchased from the said Trustees part of the Manor of Priestley, being parcel of the Lands of the said Petiti­oner, and hopes to have back his mony and charges before he [Page 68]surrender: and then he says he shall be always ready to do the same. John War and Iohn Borradale say, That they have joyntly contracted with the said Trustees for the Demeasnes 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, Iohn Farwell, Edward Bushell, and Iohn 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 Councel for the Common­wealth, and the said Trustees, and of the said other Defendants, the Petitioner Sir Iohn Stawell replyed, 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 Councel for the Petitioner, the whole evidence taken before the late High Court of Justice, upon the Tryal of the said Petitioner before them, was agreed to be made use of by either party at the hear­ing of the cause. The Court having also received the Answer of the present Commissioners for compounding, &c. sitting at Habberdashers-Hall, London, certifying, That they have no fur­ther matter against the Petitioner, then what hath been already signified to the said High Court upon his Tryal, by vertue 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 Trustees; 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 finde, and are clearly of opinion, That Sir Iohn Stawell is within the Articles of Exeter confirmed by Parliament; by which no persons therein comprized, and submitting to rea­sonable Composition for their Estates, are to be accountable or [Page 69]questioned for any act past by them done, relating unto the un­happy Differences between the late King and the Parliament. That the Petitioner personally appeared before the Committee of the Militia of London, and subscribed according to an Order in Parliament of the second of Iuly, 1646. not to bear Arms a­gainst the Parliament, nor wilfully do any act prejudicial to their affairs, whilest he remained in their Quarters: which we finde to be agreeable to the 21 of the said Articles. That he also per­sonally appeared the 24 of Iuly, 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 sequestred, and humbly praying they would please to admit him to Composition, according to the said Ar­ticles, and the then Generals Certificate, rendering him capable of that agreement; but his said Petition was rejected. That Sir Iohn 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, enjoyned 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 finde 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 Trustees 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 Bushell, John Farwell, Nicholas Batteley, and Iohn Gorges, ac­knowledge they have bought of them the said Trustees several parcels of the said Estate. That the said Petitioner Sir Iohn Stawel, being tryed 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, [Page 70]thought not fit to proceed to sentence, but to certifie his Case to the Parliament: Upon which Articles this Court finds not any Judgment 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 Honor 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 judgments and consciences, that the Petitioner Sir Iohn Stawell is fully capable of the Relief intended to persons within Articles, by the Acts directing and authorizing the same, and constituting this Court; Do in order thereto, and in pur­suance of the power and trust to them committed in that be­half, Resolve, Declare, and Adjudge, That the Petitioner Sir Iohn Stawell hath good right, and by his said Articles ought to be ad­mitted to compound for his whole Estate, real and personal, according to the tenor of the same Articles, notwithstanding any the Settlements, Sales, or Contracts before-mentioned, at such rates, and in such manner, as others comprized within the said Articles have done: and the Commissioners for com­pounding with Delinquents, are hereby enabled, authorized, and required, to permit the said Sir Iohn Stawell to compound for his whole Estate, as aforesaid: And in respect of those great Losses and extreme Damages which the said Petitioner hath sustained by the Sequestration and Detention of his Estate, and the profits received out of the same for above seven years last past, and by the felling of his Woods and Timber, and other­wise, for want of being admitted to a timely Composition; This Court doth order and direct, That the said Commissioners for compounding do cause an exact account to be made of the Rents, Issues, and profits, received for, or out of the Petitioners Estate, since he first submitted to Composition, and was not admitted thereunto: and do recommend to their consideration the proofs thereof already taken in this cause, Copies whereof, attested by the Register of this Court, are for that purpose to be present­ed to them: And if the said Commissioners shall finde the same to amount unto, or exceed the Fine or Composition which the said Petitioner ought to pay, according to the rates prescribed, and allowed by the said Articles of Exeter, That then the same be allowed, accepted, and taken in lieu and full satisfaction of such Fine or Composition so imposed upon, or to be satisfied by the said Petitioner Sir John Stawell, according to his Articles; otherwise the defect (if any happen to be) is to be supplyed by him the said Petitioner: and if any surplusage or overplus [Page 71]remain, the said Commissioners for compounding are hereby ordred and desired to certifie the same unto this Court. And upon such computation, & satisfaction made as aforesaid, the said Com­missioners are hereby directed and authorized to give their Order for such acceptance of the Petitioners Fine and Composition, and to give the Petitioner a Discharge accordingly: and they are desired to give him all fitting expedition in the premisses. And it is further ordered, adjudged, and declared by this Court, That after the making of the said Composition as aforesaid, the said Petitioner Sir John Stawell shall have the Liberty and In­dempnity of his person free from any further restraint or im­prisonment, according to the true meaning of his said Articles: and that all Bayl, or other security, entred into by the said Petitioner, or any other persons with or for him, touching his true Imprisonment, be thereupon delivered up to the said Pe­titioner, and vacated and discharged: and that he be in the mean time permitted, upon the Bayl already by him given, to prosecute and attend the perfecting of his said Composition without let or molestation. And that the said Petitioner Sir Iohn Stawell, from and after such Composition as aforesaid, shall have the possession of his Estate, freed and discharged from all Sequestrations and Seizures whatsoever, and shall enjoy the same without any claim, demand, impediment or molestation of the said Trustees, or of the Survivors and Survivor of them, their or any of their heirs. And this Court doth further award, order, and judge, That the Trustees for Sale of Lands and Estates forfeited to the Commonwealth for Treason, do upon sight of this Order and Award, stay and forbear all further proceedings in the Sale or Disposal of any the Land and Estate of the said Pe­titioner Sir Iohn Stawell, remaining unsold (if any such be:) and if any part of the Monies remain unpayd, for any Lands belong­ing to the Petitioner already contracted for and sold, that they likewise forbear to demand or receive the same, or to make any further proceedings touching the same, or intermeddle any fur­ther therewith. And it appearing unto this Court, by the An­swers of the said several Defendants, Matthew Coker, Iohn Warr, Iohn Borradale, Nicholas Batteley, Iohn Farwell, Edward Bushell, and Iohn Gorges, that they have contracted for, and purchased some parts and parcels of the Petitioners Lands and Estate, menti­oned and referred to, in and by the Answers afore mentioned, the detention whereof is to the prejudice, and tending to the disherison of the said Petitioner, and contrary to his said Articles; This Court do order and adjudge, That from and after the per­fecting of the Composition aforesaid, and notice given thereof, and of this Order and Judgment, the said Matth. Coker, Iohn Warr, Iohn Borradale, Nicholas Batteley, Iohn Farwell, Edward Bushell, and Iohn Gorges, do forthwith restore unto the said Petitioner Sir Iohn [Page 72]Stawell, and his heirs, the full and peaceable possession of all and every the premisses by them purchased, as aforesaid: And that after the making of the said Composition, the said Petiti­oner, and his heirs, shall and may peaceably and quietly hold and enjoy the same Hereditaments, with their and every of their members and appurtenances, freed and discharged of and from all claims, charges, and incumbrances, in any wise occasioned by or under them the said Defendants, purchasers respectively. And the said Trustees, and the Survivors or Survivor of them, or any of them, their, or any of their heirs, or any person or persons, claiming by, from, or under them, or any of them, in as free and ample manner, as if the said last mentioned premisses had not been sequestred, or vested, or setled in the said Trustees and Purchasers, or any of them; and as if no such Settlements, Con­tracts, or Sales, had been had or made. And the said Trustees at Drury-House, and also the said Matthew Coker, John Warr, Iohn Borradale, Nicholas Batteley, Iohn Farwell, Edward Bushel, and Iohn Gorges, and every of them, and all others, who are or may be any way herein concerned, are upon notice hereof, to give their ob­servance hereunto accordingly. And it is lastly Ordered and Declared, That the Petitioners bringing the present Cause to hearing against the aforenamed Defendants, shal be no bar to him to proceed further upon his said Petition against other Defendants already named, or who shall be hereafter made Defendants to the said Petition; but that he may prosecute such persons upon the ground of his said Complaint, so far as he shall see occasion, and be advised: And upon the same Petition, if cause be, bring those causes also to Issue and Judgment, in order to his just Re­lief; The now Award and Judgment given in this Cause, or any other matter or thing herein contained to the contrary, not­withstanding.

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 Trustees, for sale of Lands and Estates forfeited to the Common-wealth for Treason was this day read.

Resolved

B [...] the Parliament, that this Petition of the Purchasers of Sir Iohn Stawells Estate be referred back to the same Committee, to consider what is fit to be done for the reliefe of the Petitioners, and report to the house withall speed.

Resolved,

THat this House doth agree with this Report of the Committee, that the Purchasers of Sir John Stawells Estate shall quietly possesse and enjoy the same, according to their severall Contracts made with the Trustees.