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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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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 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 Corn-fields 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 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
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 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 William Cady Nicholas Ward Now in respect the truth of this Petition did never come to any proof and rests as a grievance upon me I have thought it fit to remove it at this time and upon this occasion by the testimony of such persons as were there present and of the other party who as friends to Truth do upon their Oaths and Certificates say as followeth To the 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 Sr Joh. Paulet now Lord Paulet with Sr Joh. Stawell Knight and some others came down the hill towards us and sent a messenger to us desiring to speak with some of us whereupon the company desired me Emanuel Sandys to go and speak with them with I did accordingly when it was demanded wherefore so many men came armed and whither they meant to go to which demand Sandys answered they hearing that the 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 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 Your Lordships c. most humble Servant Emmanuel Sandys The Examination of John Lord Paulet of Hinton St. George in the County of Somerset of the age of seven and thirty years or thereabouts produced on the behalf of Sir John Stawell this twentieth day of June 1653. by 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 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
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