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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
concluded that some of the Commissioners namely the now Lord Paulet Mr. John Digby Sir Francis Hauley Mr. Windham and my selfe who were best acquainted with the Country should with some horse move towards them upon which we went from Wells and not farre from thence we had intelligence that some of the Trained Bands of the Country were in a body under the command of Captaine Preston comming towards a place called Marshalls Elme whereupon we went towards them and when we came within view of them after some consultation amongst our selves we thought it fit to deal friendly and civilly with our Neighbours and Country-men and that our good inclination to preserve the peace of the Country might the better appeare we sent a Gentleman unto them to pray a capitulation and Parley lest that upon dislikes grounded upon misapprehensions we might unhappily come to blowes Hereupon foure of the Commissioners of whom I was one met with Mr. Pine Mr. Sandys Captaine Preston as I remember and one more in an indifferent place betwixt the Forces on both sides and it was the pleasure of the Gentlemen then with me that I should speake to Mr. Pyne and the rest to this purpose That the Lord Marquesse Hertford the Kings Lieutenant did much wonder that his comming into that Country should be understood to be rather in the nature of an Enemy then a Friend That he was come with the Kings Commission to command the Militia of that County and to settle the peace thereof And forasmuch as he heares that you have put your selves into Armes and are comming towards him for which he understands not well the occasion He hath commanded us to let you know that if you thinke fit to send some Gentlemen unto him and in the meane time to retreat to Somerton and there to attend the returne of such as you shall so send We doe promise you as we are Gentlemen those whom you shall thinke fit so to imploy shall have free liberty both to come and returne at their pleasures and a friendly reception while they are there And that we would joyne with them in the promoting of any thing which might stand with his Lordships honour and trust to grant and might be for the peace and welfare of the Country Mr. Pine replyed That he would make the Gentlemen acquainted with what I had delivered and that we should receive an answer which accordingly was sent unto us by Mr. Emanuell Sandys to this effect That they with their companies as they made their appearance did resolve that night to march to Glasenbury And accordingly they began to match up the Hill which was an advance towards us being directly in their way and made many shots first at us and did wound a Gentleman and killed his horse under him which we perceiving in our owne defence put our selves into such a posture as might secure us and upon that began the unhappy engagement in which there was one Osborne killed some others were hurt and some taken prisoners amongst which was Captaine Preston and Mr. Sandys to whose certificate hereafter mentioned I crave leave to referre you In this skirmish one Nicholas Ward a Drummer had many wounds by some of the Troopers who made pursuance after him and some others who had fled into the Corne to save themselves at which time I my selfe and some of the Kings Commanders then present were doing our utmost endeavours to stop our horse from further prosecution of Mr. Pyne and others of that party who were fled Yet this imployment of mine at some distance of place from that where it seemes the Drummer was hurt hath not been sufficient enough to cleer me from the loud and false aspersions of some who unc●ssantly made it their businesse against me that I with my own bloudy hands and in cold bloud did carbonade as they call it that Drummer Whereas I doe protest before the Almighty God that I did not cut or draw bloud on any man that day but made it my care to preserve any of that party and to rescue as many as I saw any violence offered unto and to such Gentlemen as were taken prisoners and had suffered by the Souldiery I shewed all the civillity that possibly lay in my power of which some of them have made very honourable testimonies and acknowledgements as by the said Certificate under the said Mr. Sandys his hand to doe me Justice directed to the Honourable Commissioners for Articles together with the Depositions of the Lord Paulet and some others hereafter mentioned may appeare But Ward the Drummer having once sworne and obtained a Judgement at Law for the dammages of a hundred pounds and upwards against me findes himselfe now bound to make good this shamelesse untruth being obliged to secure one mischiefe by acting of another And therefore being made a Defendant to my Petition exhibited to the Honourable Court of Articles in regard of his Judgement so obtained he did upon his appearance together with one Cady preferre a most scandalous and false Petition against me to that Court which followeth in these words 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 Sheweth 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
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 And your Petitioner shall pray c. John Stawell But Master Ash not willing to make me happy in the fruit of this Petition insomuch as the Parliaments former displeasure according to the said severall Orders for my Indictment and Arraignment for High Treason was put in execution upon me And I was Indicted first at Taunton Assizes where the Bill of high Treason was found next at the Sessions at Bridgewater where there was an Ignoramus and lastly at Chard where three Indictments as I have heard were found one for High Treason and two for Murther for the killing of Osborne at Marshals Elme and the other for the Execution of Viccary when I was Governour of Taunton many of the Grand Jury being the Inhabitants of Taunton such who had recovered judgments for great sums of money against me and have since purchased a good part of my Estate which Indictments were afterwards removed by Certiorart into the then Kings Bench where the 12. 13. of May 1649. I was Arraigned upon the indictment of High Treason in levying war against the King upon the Statute of 25 E. 3. And upon my moving to plead specially the Court ordered accordingly that I should bring in my special pleading the first day of the next Term and did assign me Counsel for that purpose But I was never brought to plead further to that Indictment The 18. of June 1649. An Act was printed published Entituled An Act for releif of all such persons as have been or shal be sued molested or any way dampnified contrary to Articles or Conditions granted in time of War In which Act Commissioners were nominated hear and determine Cases concerning Articles according to the powers of the said Act. Whereupon I did address my self to that Court by Petition which was read the 10th of July 1649. And was in these words 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 Sheweth 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 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 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