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A93839 To the supreme authority the Parliament of the Common-wealth of England, his excellency the Lord General Cromwell, and his Councell of Officers the humble remonstrance of Sir John Stawell, setting forth the reason of his first engaging on the late Kings part, and his deportment therein. His desisting from further action upon the Articles of Exeter. The benefit which he claimes by vertue of the said articles. The meanes by which that benefit hath been retarded. His several tryals, both by indictment at Common Law and in the High Court of Justice, for high treason, murder, and other felonies in relation to actions committed in the late unhappy warre; and his almost seven yeares imprisonment. The sequestration of his estate, and sale of the greatest part thereof. The proceedings and judgement of the Honourable Court of Articles thereupon: and his present state and condition. Stawell, John, Sir, 1599-1662. 1653 (1653) Wing S5351; Thomason E1072_2; ESTC R208213 69,107 80

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pleasing to the Towne and Country adjacent during which deliberation the Townsmen of Taunton conceiving themselves concerned in the conclusion thought fit to preferre their Petition to have such a Governour as was of birth and honour of their own Countrey from whom as it seemes they supposed they might have ease and favour which Petition as it was exhibited by the then chiefest Inhabitants is in very words thus To his 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 After which Petition preferred the Townsmen did become earnest suiters to the Marquesse that he would be pleased to assigne me in particular and by name their Governour notwithstanding they had left it indefinitely to the Marquesse his discretion to appoint any of the Gentlemen of that Country so qualified as they expressed in their Petition whereupon the Marquesse willing to give them such satisfaction as might oblige them did desire me to take the government up on me But I very well apprehending the nature of the people and how that Towne had dealt with me for my good will towards them who had never in all my life been wanting in any thing wherein I might in all neighbourly manner befriend them In the third yeare of the late King at which time they preferred Articles grounded upon scandalous and false suggestions against me unto the Parliament The danger of any one of which in case they could have made them good against me might have cost me my life Nor was their violent prosecution of the said Articles by moving for a Serjeant at Armes by whom I was commanded to attend the House at that time to be forgotten although they were not able in the least manner to fasten any thing upon me that might justly demerit so much as the rebuke of the house or committee to whom it was referred All which or to the like effect I urged unto the Marquesse humbly and heartily desiring his Lordship that he would be pleased to excuse me their former practices administring good reason for my refusall Insomuch as the Marquesse holding himselfe satisfied did place the government upon a person of honour and quality of the county who had the deputation for some time during which the Towne continued very Incessantly to importune his Lordship that I might be the man who should have the command over them and thinking it then a considerable part of their interest did make use of very many Gentlemen and persons of quality to mediate for them and to perswade me to entertaine it and in their own persons did often sollicite me to accept of a commission to that purpose Yet these their endeavours notwithstanding I did refuse But his Lordships importunity growing to that height that I could not with good manners withstand him I did humbly pray his Lordship that he would lay aside his request unto me as importing a latitude or scope to my denyall and to command me to it and I should obey him as my Generall upon which my Lord replyed if you will excuse the terme I doe command you And thus I accepted my commission the chiefest of the Towne being then present and importuning the same the commission followeth in these words 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 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 Given under my hand and seal at Taunton this eighth day of June in the 19. yeare of his Majesties Raigne HERTFORD Together with this Commission I had two other Commissions the one for the raising of a Regiment of Horse and Dragoones the other for the raising of a Regiment of 1500. Foot which I forbeare to insert for brevities sake That very morning I received my Commission my Lord Marquesse marched out of the Towne leaving me to the ordering of my Garrison upon which I thought fit to take a view of the Castle to the end I might dispose and regulate matters as might answer my charge and trust where when I came
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 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 John Stawell Upon this Petition no proceedings were made by that Court whose Authority determining by the said Act The 10th day of June 1650. the same was renewed by Act of Parliament for six moneths and then ended by expiration onely The 20th day of March 1650. the high Court of Justice was established and the 9th day of July following there was published a speciall Act for tryall of me amongst others for my life before the high Court It being therein declared that I was a person not admitted to composition The 20. of Iuly 1650. I was by order of the said high Court removed from Newgate to the Tower of London in order to my tryal Tuesday the 17th of December 1650. I was brought to the Bar of the high Court of Justice and a charge of high Treason exhibited against me which followeth in these words A Charge of high Treason 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