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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67889	The vindication of Sr. John Stawells remonstrance, against a scurrilous pamphlet written by Mr. John Ash; entituled An answer to divers scandalls mentioned in the humble remonstrance of Sr. John Stawell. As also an answer to a petition of William Lawrence of Edenburgh, Esq; whereunto certain reasons are annexed, directed to the honourable the referrees of his highness most honourable council. With a conclusion humbly offered unto his highnesse the Lord Protector. / Written by Sr. John Stawell. Wherunto are annexed, a letter of Sir Anthony Irbyes, and a short reply of Sr. David Watkins relating unto some parts of the said pamphlet.	Stawell, John, Sir, 1599-1662.; Irby, Anthony, Sir, d. 1682.; Watkins, David, Sir.	1655 (1655)	Wing S5352; ESTC R208228	86,641	91

order this approbation to be published to the end all people concerned may take notice therof And that the Committees Iudges Officers and other persons concerned therin do take notice therof and observe the same any Orders or Ordinances to the contrary notwithstanding Iohn Brown Cler Parliamentor H Elsynge Cler. Parl D Com. THe Reader may observe that a distinction is made upon the granting of these Articles between such as were then Excepted by Parliament from Pardon and Composition and all other persons comprised in them Those of the first sort being the excepted persons were to enjoy no other benefit by the Articles but liberty to go unto any of the Kings Garrisons and safe conduct for them to repair unto the Parliament there to apply themselves for their admission to Composition and Indemnity and if they failed therin were however to have four months after the date of them to endeavour their peace or go beyond Sea to which purpose Passes were to be granted to them All the rest were not to be accountable or questioned for any Act done by them or their procurement Relating to the War they submitting to Composition which his Lordship engaged himself should not exceed two years value and that being once made they were to have Indemnity for their persons and enjoy their Estates and all other Immunities so as all these were absolutely admitted to their Compositions without any limitation or circumscription of time wherin they should submit unto it The Articles further providing that no Oath Covenant Protestation or Subscription relating therunto should be imposed on them but only such as should oblige them not to bear Armes against the Parliament nor wilfully do any thing prejudicial to their Affairs whilst they remained in their Quarters I was comprised within these Articles and accordingly the Lord General on the fourth day of April 1646. gave a Certificate under his hand and Seal therby signifying that I was in the said City at the surrender therof and was to have the benefit of those Articles which were then agreed upon which Certificate I forbeare to insert here because it is recited in my Remonstrance and hath been proved upon my several Tryals in the High-Court of Justice and the Court of Articles And consequently not being excepted from Pardon or Composition by the Parliament was absolutely admitted to compound without any limitation of time wherin to make a tender of it But having upon due consideration resolved to submit unto the Parliament accept the benefit intended to me by those Articles and spend the residue of my daies in peaceable obedience unto the Government established I thought it best to put this speedily in execution and after some time spent in the Country to fit my selve for such a Journey I came to London on the 15th day of Iuly 1646. I was no sooner come but Mr. Ash taking it seems notice of my arrival came the next day being the 16th day of Iuly 1646. early in the morning whilst I was a bed to welcom me to the Town and to bestow a Visit on his good Master for by that name he pleased to call me And here begin the Series of those Untruths which he hath framed and published as an Answer to my Remonstrance in the said fictitious Pamphlet wherin he doth by way of Introduction assure the Reader that he hath written an exact Narrative of all proceedings and passages in my Cause from the time of my first coming to London unto the time I was arraigned at the High-Court of Justice and this he saith he wrot upon the first sight of my Remonstrance but then forboreto publish it upon some reasons which he pretends did hinder him from setting out that large discourse First in regard that he had answered all the particulars which did concern him before the High Court of Justice to their satisfaction and my confusion Secondly because the scandalls he pretends were mentioned in my Remonstrance were so apparantly false that every one might easily perceive therin a confutation of those things were charged upon him And thirdly Because in his respect unto my family he was willing to be silent least otherwise in giving answer unto the scandalls wherewith he doth pretend himself to be aspersed by saying he did clandestinely obstruct my composition he might doe that wch he doth now conceive himself obliged unto viz. Prove that I never intended to compound but resolved the contrary flattering my self with hopes of seeing the late King restored unto his power and greatness from whom I might receive not only my whole Estate but also a great reward for my suffering in owning and defending his cause beyond any of his party But notwithstanding these reasons since he hath heard that a Committee was appointed to examine the matter of Fact in my Petition he is so set upon the working of my ruine that he is now resolved to add falsehood and impudence unto his malice by publishing this Fiction of his own in answer to the Scandals which he pretends were fixed on him by my Remonstrance least otherwise his testimony against me might be impeached and he should be mis-represented to those who were strangers to his Actions Now in regard I have resolved in this Discourse to render an exact Narrative of Mr. Ashe his carriage and actings in relation to my business wherby the many falsehoods contained in that his Pamphlet will be made evident I hold my self obliged before examination of them to shew the falsehood frivilousness and vanity of those his Reasons Now as to the first of them I cannot but admire the boldness of this affirmation which is not only contrary to truth but also to the very Judgment of the High-Court of Justice in the sole point examined by them For being brought to tryall for my life before that Court I had no other matter to alledge for preservation of it but that I was comprised within the Articles of Exeter and had performed all that on my part was required for Intituling my self unto the benefit of them That all my troubles had their rise from Mr. Ashe who contrary to justice and his duty refused my Petition to compound when I first tendred it according to my Articles and afterwards caused me to fall into the Parliaments displeasure by the undue practises hereafter mentioned which are the Subject of the ensuing Narrative To prove the contrary wherof Mr. Ashe was produced a Witness on the Common-wealths behalf and did with great malice and virulency endeavour to have justified his own proceedings by proving that I had forfeited the benefit of my Articles But the Court having upon full hearing declared the contrary did consequently and by implication adjudge his Answer no way satisfactory as to the clearing of himself from those hardships towards me wherwith I charged him upon my defence and this point also hath been since decreed by solemn Iudgment of the Court of Articles So as this first reason is a notorious

THE VINDICATION OF SR. IOHN STAWELLS REMONSTRANCE AGAINST A Scurrilous PAMPHLET written by Mr. Iohn Ash Entituled an ANSWER to divers Scandalls mentioned in the humble REMONSTRANCE of Sr. Iohn Stawell AS ALSO An ANSWER to a Petition of William Lawrence of Edenburgh Esq Wherunto certain Reasons are annexed directed to the Honourable the Referrees of his Highness most Honourable COVNCIL With a Conclusion humbly offered unto his HIGHNESSE The LORD PROTECTOR Written by Sr. IOHN STAWELL Wherunto are annexed A Letter of Sir Anthony Irbyes AND A short reply of Sr. David Watkins relating unto some parts of the said PAMPHLET LONDON Printed by T. R. for Henry Twyford and are to be sold at his Shop in Vine-Court Middle Temple An. Dom. 1655. THE Vindication of Sir IOHN STAWELLS Remonstrance against a Scurrilous Pamphlet written by Mr. Iohn Ashe c. I HAVE in my Remonstrance formerly made a Profession to fixe my selfe upon that truth which should be avowed upon The Faith of a Christian and Honour of a Gentleman and I can with much confidence affirme that I have not been wanting in the least point to that profession And I engage my selfe again to follow the same course in the ensuing Narrative wherein when I shall have demonstrated by clear proofes and arguments the wicked and malicious Practises which Mr. Iohn Ash hath used against me thereby involving me in those great Calamities and miseries which I have undergone for many years violating that private tye of Freindship which he pretends and duty of a person publickly entrusted by the Parliament I doubt not but the Reader will beleive I had more cause to have expected that Mr. Ash would rather have acknowledged by his thankfulness the moderation I used in the relating of those passages wherin he was concerned in my Remonstrance then have endeavoured as he hath lately done by a scurrilous Pamphlet published in his name to asperse me with the Writing of many fashoods in severall Pages of it and by a faigned discourse as Void of Truth as of Civility perswade the Reader First That I never had any intention to compound upon my Articles And Secondly That he had alwayes studiously performed the Office of a Faithfull Freind unto me Now these two points have been already cleered by solemne Judgments in two great and honourable Courts constituted by Authority of Parliament who having both of them declared that I submitted to a Composition according to my Articles and performed al things which were on my part requisite towards my obtaining the benefit of them have therein also by a necessary consequence resolved that Mr. Ash by whom I was refused to be admitted to my Composition when I first tendred it had not performed either the Office of a Freind or duty of a publick person towards me so that it may appear superfluous to give a further Answer to it which was the cause I had at first some thought to let it passe as being a thing which deserved not the trouble of an answer yet afterwards having more seriously weighed what ill impressions so many Shamelesse and notorious Falshoods might make in those who are but strangers unto the former proceedings in my Cause if they perceived them passe in silence without an Answer to the great prejudice of Truth and of the Justice of those two honourable Courts who have already cleared them by their Judgments I have thought fit upon these grounds and for my own vindication from those scandalls wherewith the Author of that Pamphlet hath therin Falsely and maliciously aspersed me to publish an exact Narrative of all his Actings in relation to my business from the 15th of Iuly 1646. which was the day of my first coming to London upon the Articles of Exeter untill this time that so it may appear how shamelesly he hath endeavoured to abuse the Reader by that most false and scandalous Pamphlet And therefore I shall in the first place represent clearly the condition wherein I stood at my first coming hither after the granting of those Articles being breifly thus Upon the rendring of Exeter to the Lord Generall Fairfax there were some Articles agreed upon between his Lordship and the Governour dated the 8th of Aprill 1646. which were upon the 6th of May following read and approved of by the House of Commons and afterwards by both the Houses on the 4th of November 1647. the 12. 13. and 21. of which Articles together with the Votes and Orders made in confirmation of them do follow in these words 12. That no Lords Knights Gentlemen Clergymen Chaplains excepting those who are by name excepted by Parliament from Pardon and Composition Officers Citizens and Souldiers and all other persons comprised in these Articles shall be questioned or accomptable for any Act past by them done or by any other done by their procurement relating unto the unhappy differences betwixt his Majesty and the Parliament they Submitting themselves to reasonable and moderate Composition for their Estates which the Generall Sir Thomas Fairfax shall really endeavour with the Parliament that it shall not exceed two years value of any mans reall Estate respectively and for personall according to the ordinary rule not exceeding the Proportion aforesaid Which Composition being made they shall have indemnity of their persons and enjoy their Estates and all other immunities without payment of 5. or 20. part or any other Taxes or Impositions except what shall be hereafter charged upon them in Common with other Subjects of this Kingdome by Authority of Parliament 13. That all Lords Knights Gentlemen Clergymen and Chaplains excepted in the next precedent Article shall have Liberty to go unto any of the Kings Garrisons and to have a safe Conduct for themselves and servants to go unto the Parliament to obtain their Composition for their Estates and Indemnity for their persons which though it prove uneffectuall yet nevertheless they shall have four Moneths time next after the date of these Articles to endeavour their peace or to go beyond the Seas and shall have Passes for that purpose 21. That no Oath Covenant Protestation or Subscription relating therunto shall be imposed upon any person whatsoever comprised within these Articles but only such as shall bind all persons aforesaid not to bear Armes against the Parliament of England now sitting at Westminster nor wilfully do any Act prejudiciall unto their affairs whilst they remain in their Quarters except the persons aforesaid shall first render themselves to the Parliament who shall cause them to be secured if they think fit Die Mercurij 6. Maij 1646. THe Articles made and agreed upon between Sir Thomas Fairfax General and Sir John Berkley Governour of Exeter upon the rendition of the sayd City c. to his Excellency Sir Thomas Fairfax were all this day read and upon the Question approved H Elsynge Cler Par D Com. Die Iovis 4. Novemb. 1647. THe Lords and Commons assembled in Parliament do approve of the Articles of Exeter and

verbatim what I have published in my Remonstrance touching Mr. Ash his receipt keeping back of my Petition this is the main thing at which he takes exceptions in his Pamphlet where with a more than ordinary confidence he doth affirm that there is not one line of truth in my relation and that hee hath himself severall Witnesses to prove the falshood of it and therfore I shall here set down the story he hath framed in answer unto this particular and shall by undeniable proofes and arguments shew it to be a meer falshood of his own contrivance and invention the same being in effect thus That about three or foure dayes after my Committall to Newgate my wife came to the house of Mr: Edward Ash about nine or ten of the clock at night and desired to speak with him from me intreating him to come unto me that at length not without great importunity and solicitation on her part shee did prevaile with him to go thither That when he came I desired of him to deliver a Petition or make a motion unto the Parliament in my behalfe that I might be removed to another Prison and that he would nominate the Tower for that purpose that he desired to be excused in that but councelled me to preferre a petition to the Parliament wherein I should acknowledge my * miscarryages as he is pleased to term them at Goldsmiths-Hall and at the Parliament and crave pardon for the same that the prayer of my Peon should be to be remitted to Goldsmiths-Hall and receive the benefit of Exeter Articles That I refused this advice and only prayed him to present a short Petition to the Parliament for my removall out of Newgate and that I undertook the danger of this Petition my self since it would be my fault not his That he at last undertook the delivery of this short Petition so as he might have a sight of the foule Copy to correct which J sent him the next day but hee disliked it and was inforc't with his own pen to correct the greatest part of it but J not liking that sent him another Petition of my own drawing which hee likewise disliked but after severall amendments took and attended severall days to deliver but being forced to go into the Country about his occasions some sixteen days after hee had received my Petition for so long and no longer he saies he had my Petition in his Custody sent his Letter to me to give me notice of it and desiring my directions into whose hands he should put it whilst he was absent That having sent this Letter to mee in Newgate I returned my thanks for his care wishing him a good journey into the Countrey and directed him to leave it in the hands of Mr. Denzell Hollis or Sir Phillp Stapleton That the next morning he went something early to the House where he met happily with Mr. Hollis who was in private discourse with another Gentleman but Mr. Ash somthing uncivilly interrupted him told him that I presented my respects to him and had sent him a Petition which I desired might by his hand be presented unto the House which Mr. Hollis took and put into his pocket and promised to take care of it and Mr. Ash saith That at his coming home he wrote unto me to inform me of this and advised mee to imploy some friend to Mr. Hollis to mind him of it unto which Letter I returned him an answer by one of mine thanking him for having lodged my Petition in so worthy a hand promising to observe his advice and wishing him a happy journey into the Country and a safe Returne That he went into the Country and returned againe about three weeks after and when he met with Mr. Hollis asked him what he had done with my Petition That Mr. Hollis told him it was such a one as would if it had been delivered have more incensed the House against me in regard I desired nothing by it but my removall to a better prison and Mr. Ash asking where the Petition was Mr. Hollis told him he had sent it back to me with this direction that I should draw another humbly acknowledging my miscarriages craving pardon for them and desiring to be remitted unto Goldsmiths Hall to make my Composition and to receive the benefit of Exeter Articles and further letting me know that if I would send him such a Petition he would not only deliver it himself but engage all his freinds that my desires should be granted That Mr. Ash demanding of him whether I had taken his advice He replied no adding withall that I was certainly either mad or had lost my wits I was so obstinate upon which Mr. Ash said that had been also his advice and of some others of his freinds but I rejected their Councills and he concludes with an affirmation that hee never received other Petition from me then that which hee hath mentioned This is the substance of the Narrative which Mr. Ash hath in his Pamphlet published as an answer to this passage in my Remonstrance and this he doth affirm the Witnesses if called will make good so as upon the Truth hereof he builds the Credit he would have the Reader give unto those other things which passed in private discourse between my self and Mr. Ash. I shall therefore examine the Truth of all these Allegations and having shewed the Manifest Vntruth and Falshood of them I doubt not but the Reader will find great cause to wonder at his confidence in publishing this story of his own invention the falshood whereof is not only notoriously known to himselfe but will be also clearly evidenced unto the Reader by that which followes And first whereas he doth alledge that he came to me upon the earnest desire and solicitation of my wife at nine or ten a Clock at night I shall desire the Reader to observe the want of Ingenuity there is in Mr. Ashes relation notwithstanding his profession of an exact truth plainess For I affirme with confidence that Mr. Ash did as I have before alleadged come of himself unsent for by me about three a Clock in the afternoon within three or four dayes after I was committed to Newgate and did Officiously or debasedly as he would have it by his Pamphlet Court me to have the honour as I have said in my Remonstrance to preferre my Petition for me And this passage which he relates with so much Circumstance as the first time when he came to me was not till some time after he had been with me received my Petition and pretended to waite an opportunity for the presenting of it Now the occasion upon which Mr. Ash was by my wife desired to come into the Prison to me at that late hour was onely this My eldest Son Iohn Stawell lay then sick in Bathe and being in Arrear for his expences in Dyet and Physick she had received a Letter from Mr

made to the Parliament is the same with Mr. Ashe his Testimony given at the High Court of Justice and Mr. Ashe by way of answer doth with his usual confidence deny it affirming that Mr. Stephens Reported nothing to the Parliament touching my ill behavior but what he heard from my own mouth which was so much as moved him to make that cloze to his Report I before mentioned viz. That if the Parliament did not make Sir John Stawell a Traytor Sir John Stawell had made them Traytors Here Mr. Ashe might have informed the Reader truly and let him have known the reason why I gathered Mr. Stephens had received Instructions from Mr. Ashe for making his Report was not onely by the testimony of Mr. Ashe under his hand agreeing with the Report but also more especially by the Deposition of Mr. Stephens taken in the High Court of Justice wherein he doth confess he was not present when I first appeared before the Committee at Goldsmiths-hall and consequently he could not report any thing which was transacted in his absence but by order of the Committee or by the relation of some other who did inform him whom I collected to be Mr. Ashe because his Deposition agrees in substance with the Report of Mr. Stephens and is grounded upon what Mr. Ashe though falsly affirmes to have been the opinion of the Committee at my first appearance before them when I tendred my Petition there being no such thing at all voted or spoken by the Committee at my last coming before them when Mr. Stephens was in the chair which appears plainly if we consider in the first place What the Report was according unto Mr. Ashe his Testimony before recited which saith that Mr. Stephens in his Report informed the House that the opinion of the Committee was I had slighted and contemned the Authority of the present Parliament and forfeited their mercy contained in the Articles of Exeter Now it is evident that Mr. Stephens had no direction from the Committee at his being there to report that unto the House as their opinion by the Order before recited which was no more but that he should report unto the House my refusing the Negative Oath and Covenant my committal for it my carriage and my desire for an allowance of maintenance But they declared no opinion at all touching my carriage nor did ever put it to the Question So as I must now leave it to the Readers judgement whether of us two speaks truth and whether this be an idle aspersion as the worthy Gentleman is pleased to stile it Either Mr. Stephens who was not present the first day of my appearance as Mr. Ashe and himself acknowledge and consequently could not know what was then spoken but as he was informed must have his Instructions from the Committee or from Mr. Ashe the Chair-man But from the Committee he had no such Instructions to report That Sir John Stawel had sleighted and contemned the Authority of the present Parliament and forfeited their mercy contained in the Articles of Exeter as appears by their Order and from thence to infer That if the Parliament did not make Sir John Stawel a Traytor Sir John Stawel had made them Traytors Therefore this must needs proceed from Mr. Ashe who as it seems by what is said before did put his own words into Mr. Stephens his mouth or otherwise Mr. Stephens must have spoken what he did without any ground or authority whatsoever And this I suppose Mr. Ashe will be very unwilling to acknowledge of his good friend who hath so faithfully served him to my ruin and destruction Reader Here I conclude this Vindication of my self and my Remonstrance against that false and scurrillous Pamphlet published by Mr. Iohn Ashe to justifie himself and asperse me I have most clearly proved that all his actings in my business have proceeded out of malice self-interest perfidiousness towards me and breach of Trust towards the publique That all his Allegations in his Pamphlet published for his excuse are full of impudence and falsehood I will not take much pains to justifie my self or trouble the Reader with that Quaere which he hath frivolously inserted in the Margent of his Pamphlet as though I had got Lands from Mris. Basset by a cheat but give this short Answer Either my Wife had a power to dispose of her Fathers Estate or she had not If she had What wrong could it be to Mris. Basset for her Mother to dispose of what was properly her own If not Then surely what my Wife hath done is a great benefit to Mris. Basset who hath received 3000 l. above twenty years since as a portion from me her Right if any being still preserved But this is onely the foul mouth of Mr. Ashe who hath abandoned all regard of Modesty or Truth that he might fix some stain upon me Yet I forbear to follow my just Resentments in decrying his falsehoods and shall notwithstanding the high provocations which he hath given me wish him a due sense of his most wicked practises and a sincere repentance for them THere is together with the Pamphlet of Mr. Ashe in Answer whereunto I have published this Vindication of my Remonstrance printed a Petition To the Honorable the Referrees of his Highness most Honorable Council in the cause between me and the Purchasers by William Lawrence of Edenburgh Esq to which some reasons are annexed why the Petitioners Purchase ought not to be questioned by me Wherein because the Petitioner giving full scope to his passion hath in the Reasons annexed written many things injurious to the Honorable Members of the Court of Articles who have pronounced their Sentence in my behalf ungratefully scandalous against me and prejudicial to the Honor of the Parliament by whom the Court of Articles was first erected and impowred I hold my self obliged to give an Answer with all brevity and clearness possible unto such of the Reasons as have not been already Answered in the preceding parts of this Discourse The first of these Verbatim is Your Petitioner saith That such Members of the Committee of Articles as have acted for the said Sir John Stawel against Purchasers are Parties and not Iudges and their Orders and Certificates ought to have no credit or authority And your Petitioner saith they have mis-stated the Case transgressed the Duty of an inferior Iurisdiction and presumed on Acts of sovereign power they have wrongfully indebted the Commonwealth in vast sums of money to the said Sir John Stawell they have occasioned false scandal on it of infringing his Articles and have not been indifferent or equal in their proceedings either as to publick or private Rights all which your Petitioner shall be ready to prove How precipitatly rash this Gentleman hath been in passing so severe a censure upon those Honorable persons who gave the Judgement for me in the Court of Articles will appear fully when I have laid before his eyes the power