AN ANSWER TO DIVERS SCANDALS Mentioned in a certain Pamphlet Entituled THE Humble Remonstrance OF Sr. IOHN STAWELL WRITTEN By JOHN ASHE Esquire 1654. LONDON Printed by Thomas Newcomb dwelling in Thamestreet over against Baynards Castle Anno Domini 1654. AN ANSWER TO Divers Scandals mentioned in a certain PAMPHLET Entituled THE Humble Remonstrance OF Sir John Stawell IT is not my purpose at this time to write an exact Narrative of all proceedings and passages which have been in the Case of Sir John Stawel from the 18 of July 1646. which was the time of his first coming to London from Exceter unto the year 1652. at which time he was Arraigned before the High Court of Justice I having done that formerly even upon the first sight of that Scandalous Pamphlet Entituled The Humble Remonstrance of Sir John Stawell but did not at that time expose it to publique view for these Reasons 1. First Because an Answer had been given by me to all those Particulars which may any way seem to reflect on me before the High-Court of Justice to the general satisfaction of the whole Court and all that were present and to the shame and confusion of the said Sir John Stawel who was then a Prisoner at the Barr of the said Court 2. Secondly Because the Scandals mentioned in the said Pamphlet were so apparently false and improbable that any one who hath been in the least manner acquainted with those transactions might easily perceive even in the said Paper a manifest confutation of those falshoods which are therein malitiously suggested and vainly charged on me 3. Thirdly Because that in regard of my respects to his Family I was willing to be silent lest in giving an Answer to those scandals wherewith he endeavoureth in the said Pamphlet to asperse me by saying that I did clandestinely obstruct his composition I should do what I conceive my self at this time obliged unto viz. clearly prove by undeniable arguments and circumstances that he never intended to compound at all but resolved on the contrary flattering himself with hopes of seeing the late King restored to his Power and greatness from whom he might receive not only his whole Estate which was unjustly taken from him as he constantly affirmed but also a great reward for his many sufferings in owning and defending the Cause of the said King beyond any of his Party But since the Honourable Parliament hath been pleased to refer the Petition of the said Sir John Stawell unto a Committee where the matter of Fact may be throughly examined to the end that my testimony on the behalf of the Commonwealth may not seem to be any way impeached in regard of those feigned Scandals mentioned in his said Pamphlet and lest my carriage in the business of his Composition might be misrepresented to those who were strangers to my actions therein I have judged it necessary to publish these ensuing lines premising a few Particulars which were fully cleared in that discourse which I did then write which are as followeth First That although Sir John Stawell did appear at the Committee of Gold-Smiths Hall about four daies before the time limited by the Articles of Exceter for Compositions were expired yet he never intended to make any Composition there according to the Order of Parliament and the Rules prescribed for Composition upon the said Articles but did oftentimes declare his resolution to the contrary And when the Lady Stawell his wife and Sir Edward Stawell his son then in France did earnestly solicite him that they or either of them might Petition the Parliament to be admitted to compound for the said Estate since he refused it Sir John Stawell did deny to give his consent thereunto and did threaten his said son that in case he did attempt any such thing he would disinherit him and was much incensed against the said Sir Edward Stawell for that he had written Letters unto Mr. Ashe for his admission to Composition since his Father refused it some of which Letters Sir John Stawell intercepted 2 That Sir Iohn Stawel did wholly depend upon the late Kings restoring to his power and authority that from him he might receive not only his whole estate then unjustly taken from him by the Parliament as he said but also a great reward for his many sufferings in owning and justifying the late Kings Cause beyond any other of his party and did send to the said King when he was last at Hampton Court desiring him to take notice of the great suffering he had undergone for his Majesties Cause and did let him know the hopes he had of his Majesties great favor and reward when he should be restored And upon this confidence did Sir Iohn Stawell neglect his composition and refused the benefit of Exceter Articles 3. That Sir Iohn Stawell during the life of the late King and after his first appearance at Goldsmiths Hall did never tender any Petition for his admittance to composition or to claim the benefit of Exceter Articles either unto the Parliament or Committee of Parliament or any other Court whatsoever And when in the life time of the late King he was arraigned for Treason at the Upper Bench Bar he did not then claim the benefit of Exceter Articles nor made any mention of them for his exemption from that tryal but on the contrary he not onely refused to own the Judge that sat there by Commission from the Parliament but uttered an expression to the Court to this or the like effect viz. My offence is not Treason for which I am here arraigned but because I would not permit the Committee of Goldsmiths Hall to pick my purse and give my consent to pay a sum of money for the redemption of my Estate which is unjustly taken from me by which expression he sufficiently declared his resolution against compounding 4. That I did with all reallity and faithfulness use my utmost endeavours to perswade Sir Iohn Stawell to submit unto the Parliament and to make his Composition that so himself and his posterity might be preserved from ruine and that Sir Iohn Stawell did refuse to follow that my councel and advice and did declare that his resolution was not to Compound but to depend upon the said Kings favour And when I did press him to follow the examples of all the other Gentlemen of the Kings Party who submitted to Composition he did seem to jeer and deride them for their follies intimating that his Estate would be restored him by the King with sufficient damages from those that had possessed the same during the Sequestration and for that reason would not permit either his Lady or any other friend for her to take any of his Estate at a Rent from the Sequestrators Fifthly That those scandalous aspersions cast upon me by Sir John Stawell in his Pamphlet Entituled his Humble Remonstrance and mentioned in page 23 24 28 and 30. are meer fictions and never heard of by me or any other person
distance the King restoring him to his Estate without money and therewith a liberal reward for his great sufferings in justifying and owning his Cause beyond any other of his party and I do believe that Sir Iohn Stawell having through his pride and obstinacy lost that his reputation in the judgement of the world is therewith as much troubled as at the loss of his Estate But now Reader thou art here desired by that which followeth to observe the wisdome and prudence of this Gentleman Whereas in the former relation mentioned in page 28. unto which I have given an Answer Sir Iohn Stawell might suppose when he pen'd that invention and contrived fiction that his bare affirmation thereof might beget credit with those that read the same thinking that I could make no reply thereto but a plain denial because the discourse was in private betwixt us two But here in his second relation a choice invention set down in page 30 and 31. a relation wherein truth is not found in any one line in the penning whereof Sir Iohn Stawell's own conscience and reason could tell him not onely that the things there related were untruths but that I had several witnesses to prove them so to be and if so then Sir Iohn Stawells great wisdome and integrity or rather somthing else is here to be admired especially since he hath engaged the faith of a Christian and honour of a Gentleman to make a true relation Reader If thou dost seriously peruse Sir Iohn Stawel's Relation set down in page 30. and 31. to which I am now to give an Answer thou wilt find there these three particulars much insisted on 1. That Mr. Ashe meerly of his owne accord and officiousness nay if it be true that he received that sharp reprehension but four dayes before from Sir Iohn Stawell did most debasedly unsent for resort unto Sir Iohn Stawell then in Newgate after he had been three or four daies in that prison And that he did then and there most earnestly solicite him that he might be imployed in doing Sir Iohn Stawell some further service 2. That Sir Iohn Stawel did then resolve to Petition the Parliament that he might be admitted to his composition and restored to his liberty but Mr. Ashe disliked that Petition which he had drawen to that purpose because it did express that he had formerly submitted to Composition but was denied for refusing the Negative Oath and Covenant and that Mr Ashe perswaded him to draw up a Petition in another Form which he consented unto a Copy whereof is inserted in page 31 of his Remonstrance 3. That Mr. Ashe did engage and promise Sir Iohn Stawell to deliver that his Petition to the Parliament and although Mr. Ashe was often sollicited and minded of that his engagement and promise yet to this day he never delivered the same And here Sir Iohn Stawell might with as much truth have added that which he did affirm at the High Court of Justice where his expression was to this effect That in three or four dayes after he was committed to Newgate he did draw an humble Petition to the Parliament wherein he did acknowledge his miscarriage and desired that he might be remitted to Goldsmiths Hall there to make his Composition which Petition he commended to the care of Mr. Ashe who called him Master he noting thereby the intimacy and familiarity that was between us And Mr. Ashe did engage to deliver the same to the Parliament but never performed his engagement by which failer and breach of his trust Mr. Ashe like Judas betrayed his Master To the first of these I answer and say that there is not one word of truth in it save onely that I was with Sir Iohn Stawell in Newgate about four dayes after the Parliament had committed him to that prison but I do deny that I came thither of my owne accord and unsent for as Mr. Edward Ashe the Lady Stawell and her waiting woman can and will testifie For thus it was that upon the day before mentioned the Lady Stawell between 9 or 10 of the clock at night when Mr. Edward Ashe his gates were fast shut where I then lodged came thither and desired that the gates might be opened that she might be admitted to speak with Mr. Iohn Ashe and to deliver unto him a message from Sir Iohn Stawell Mr. Edward Ash did unwillingly permit his Gates to be opened at that time of the night but because the Lady Stawell was a person of honour and worth did assent thereunto And when the Lady Stawell came in she found me and Master Edward Ashe in a little Parlor sitting together and ready to goe to bed Then said Master Edward Ashe to the Lady Madam What business hath drawn you abroad so farre from your Lodging at this time of the night Sir said she I am sent in a message to your Brother Mr. John Ashe from Mr. Stawell my Husband now in Newgate who doth earnestly desire your Brother to come unto him presently for that she said Mr. Stawell hath a business of great concernment to impart unto him which will not admit of any delay but with the danger of his life Mr. Edward Ash then replyed Madam my brother shall not with my consent go forth of my house at this hour of the night and I hope you conceive it not fitting and so will he my family and servants being all in the Countrey and that it will not stand with my safety to keep my Gates unshut so long until my brother shall return home in case he do go along with you to Sir John Stawell as you desire And I did then tell the said Lady that it was a very unseasonable time at that hour of the night for me to go into a Prison and desired her to excuse me unto her Husband letting him know That I would be ready any hour the next day to wait upon him if he should please to desire it But the Lady Stawell continuing on in her importunate request and telling me That in case I did not go with her and speak with her Husband he would not rest that night nor would his mind be at quiet and that he gave her in charge not to return until she brought me along with her The Lady with these importunities at length prevailed with me and I went with her to Newgate to sir Iohn Stawell where he then lay Now this being the very truth as I have here related it and what the Witnesses aforenam'd can and will testifie I do presume that the ingenious Reader cannot believe that I would at that unseasonable hour of the night go to Newgate and there earnestly sollicite sir Iohn Stawell to imploy me in some new service when but four daies before if his relation in page 28 were true with a severe reprehension he did cashier me from his service But what was said and done by me and sir Iohn Stawell that night at Newgate is in the next
transactions were at Goldsmiths Hall It might be expected that I should give some answer to that aspertion which Sir Iohn Stawell hath cast upon me and Mr. Stephens in the first Paragraph of p. 26. of his Remonstrance where he seems to insinuate and would make the Reader believe that the Report which Mr. Stephens made to the Parliament of his insolent behaviour before the Committee of Goldsmiths Hall was no other but what Mr. Stephens had received from me and that I had instructed him what to say and why Mark Sir Iohn Stawells reason for this insinuation Because saith he The Report which Mr. Stephens made to the Parliament is the same with Mr. Ashe his Testimony given at the High Court of Justice and therefore Mr. Stephens took his Report from Mr. Ashe This is a notorious untruth and an idle aspertion cast both upon Mr. Stephens and my self for Mr. Stephens did report no other thing to the Parliament touching sir Iohn Stawels ill behaviour but what he heard come forth of his own mouth which was so much as gave Mr. Stephens occasion to say in the close of his Report to the House That if the Parliament did not make Sir John Stawell a Traitor Sir John Stawell had made them Traitors And thus Reader after a long forbearance and not without some unwillingness have I given thee a rude yet a most true and faithfull Account of all that passed between Sir Iohn Stawell and my self in relation to those scandals which in the Pamphlet Entituled his Humble Remonstrance are most malitiously insinuated I could have added much more if I was not unwilling either to tire thy patience or to recriminate or to aggravate his ingratitude towards me but by what I have written thou maist clearly perceive how injuriously he hath charged me with the sin of Coveting the Goods of my neighbour and consequently with the breach of all the Commandments And I could wish that I had not just cause were I minded so to do * Quere who it was that coveted Mrs Bassets Lands and got it by a Cheat. to retort the same crime in a high nature on himself and to desire him seriously to lay it to heart and consider whether even that offence of his be not one cause why it hath pleased God so to harden his heart that he should contemn the Parliaments mercy in refusing to submit unto a Composition according to the Articles of Exceter by which means he hath been most justly deprived of his whole Estate To the Honourable the Referrees of his Highness most Honourable Councel in the Cause between Sir Iohn Stawell and the Purchasers The Petition of William Lawrence of Edenburgh Esq Humbly sheweth THat whereas your Petitioner is imployed in his Highness service in Scotland which requires his personal attendance there and he being one of the said Purchasers as he is informed the said Sir John Stawell in his absence without summons or other legal notice hath and doth endeavour by surprize to pursue your Petitioner and work divers things against him prejudicial to his right And whereas your Petitioners purchase was before he left England confirmed by Act of Parliament and in confidence thereof your Petitioner suspending nothing left no provision nor order against any suits not doubting the same And your Petitionr in the present condition he is in is now deprived of all Councel intelligence Agents writings evidences proofs and other things necessary to maintain a Title and of all fit means to make use of them Your Petitioner therefore humbly prayeth that no proceedings be suffered against him otherwise then is by Law allowable against a person not summoned and out of the Nation and who hath besides the warrant of an Act of Parliament which if permitted to be questioned there can be no end of controversie And that for the farther security of your Petitioner the present Petitiin and Reasons annexed may be read or inspected and rest the with papers of other Purchasers before your honors misinformation from the said Sir John Stawell And your Petitioner shall ever pray c. Reasons that the Petitioners purchase ought not to be questioned by Sir John Stawell I. Your Petitioner saith that such members of the Committee of Articles as have acted for the said Sir Iohn Stawell against Purchasers are parties and not Judges and their orders and certificates ought to have no credit or authority And your Petitioner saith they have mistated the Case transgressed the duty of an inferiour jurisdiction and presumed on Acts of Soveraign power they have wrongfully indebted the Commonwealth in vast sums of mony to the said Sir Iohn 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 publike or private rights all which your Petitioner will be ready to prove II. Your Petitioner saith that divers Purchasers some through fear and others by conspiracy with the said Sir Iohn Stawell have and do put in divers feigned and feeble Petitions and pleas part of which the said S. Iohn Stawell to delude the vulgar hath put in print and the same purchasers have and do endeavour to betray the Cause of the Commonwealth and their companions your Petitioner therefore desireth that no proceeding be made against him in gross but his cause heard patiently and particularly III. Your Petitioner saith that hath been already decided and adjudged by Parliament that the said Sir Iohn Stawell hath forfeited his Articles And thereupon the Act of sale of his Estate was made and that judgement being given by Parliament to whose proceedings Purchasers neither could nor ought to be privy and so much time since past That though the evidence and proofs were then never so clear yet the memory may be now lost the Members Witnesses proofs dead removed unknown or taken off It would be unreasonable to put Purchasers now to prove over again what hath been adjudged and would not only question Sir Iohn Stawells but most part of all the lands the Parliament ever sold or shall sell IV. Your Petitioner saith notwithstanding that if he shall be inforced he will prove that the said Sir Iohn Stawel never submitted to Composition according to Articles and that he hath both omitted and committed divers Acts then and since which have clearly forfeited them V. There is sufficient publickly and vulgarly known of the said Sir Iohn Stawell as none needs admire at the judgment passed against him for he offered nothing but insolencies and affronts to the Parliament it self when brought before them he reviled the Committe for compounding charging them to be Delinquents themselves He charged the Judges at the Upper Bench that they sate by a counterfeit Sale and that they were mock Judges and the Jury a pack of Knaves he openly denied and defied the Supream authority and charged the Court and Attorney-General with high Treason for acting by it publickly and to their faces He declared for