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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
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 LONDON Printed by T.R. for Henry Twysord Anno Dom. 1653. The humble REMONSTRANCE of Sir JOHN STAWELL IT was but of late that by the blessing of Almighty God and your exceeding great Justice and favour I was freed from some of those many afflictions and calamities which attend a sad condition into which the practise misinformations and ill-grounded apprehensions of some men had throwne me And that I began to look back upon my miseries already past with that contentment and security which men enjoy in viewing Rocks and raging Seas when they themselves are safe in Harbour desiring nothing more then to spend the residue of my dayes which by natures proscription cannot be many in such peaceable obedience to this Commonwealth as by your Faith and Honour made good unto me I hold my selfe obliged unto But now finding that the restlesse proceedings of such as hate me without a cause doe tend to nothing lesse then to reduce me to my former miserable condition and consequently to ruine both me and my posterity I have presumed in all humility and I hope free from offence To declare and remonstrate this my Case to the end That as my duty to heaven bindes me I may evidence unto the world Gods most remarkable mercies towards me vindicate your Honour and Justice and undeceive the whole Natition whose Faith likewise is most highly concerned in these my sufferings And in so doing I will fix my selfe upon that truth which shall be avowed upon the faith of a Christian and honour of a Gentleman And because my undertaking under the late King have had the ill luck to be stained and aspersed with too much forwardnesse as acting beyond the moderate and sober limitations of a contrariant and as if my nature had prompted me to the delight of cruelty in those imployments I shall begge your patience in suffering truth to be fetcht from its Fountaine and hence to derive it to my present state and condition In the yeare 1640. by vertue of the late Kings writ of summons I was chosen by the County of Somerset one of the Knights to sit in Parliament and did accordingly attend that service for the space of eighteen moneths or thereabouts at which time some unhappy differences arising betwixt the late King and the two Houses I did receive signification of his pleasure by a Letter unexpected from Beverley and sealed with his privy Signet which followeth in these words CHARLES REX TRusty and welbeloved we greet you well Whereas we have issued forth our Commission of Array for the County of Somerset under our great Seal of England unto our right trusty and right entirely beloved cousin and councellor the Marquis Hertford And with him have named you a Commissioner In the execution whereof and such other publike services as we have and shall intrust unto you your presence care and utmost circumspection is most necessary We doe therefore hereby require you with all convenient speed to repaire unto the said County and to attend that service wherein we doubt not you will so demeane your selfe as may be sutable to the good opinion we have of you and as may most promote the due execution ef this Commission Which at this time is of so high a consequence not onely to the security of our said County but to the peace of this Kingdome in generall And because this Commission by such who declare all things illegall which suit not with their desires or designes is declared to be contrary to the Lawes and thereupon you may be summoned by one or both Houses of Parliament as a Delinquent for the execution thereof We require you upon your alleageance not to intermit or in any sort to neglect our said service upon any such summons by going on removing to London or any other place save to us or where it is fit for you to be in the prosecution of our said service and such further command as you shall receive under our own hand And we doe hereby require and command all Sheriffes Majors Justices Officers Ministers and loving Subjects whatsoever not onely to be assisting and ayding unto you in case of need in your free passage from place to place But also that they presume not to attach your person or serve you with any warrant Order or summons whereunto we have not consented nor deteine or seize any of your goods or servants or any thing to you belonging without our speciall license first obtained as they and every of them will answer the contrary at their utmost perills For which this shall be to you and them sufficient warrant and authority Given at our Court at Beverley the eleaventh day of July in the eighteenth yeare of our Raigne To our trusty and welbeloved Sir John Stawell Knight of the Bath This Command caused me within few dayes after to repaire to my house in the Country where I received another Letter directed unto me from the Lord Marquis Hertford dated at Bath who was then Lord Lieutenant of that County and recommended to the late King by the House of Commons as a fit person for that command and was as followeth SIR I Am come by command from his Majesty with Commission to muster the Forces of this County of which Commission you are one I intend to be on Wednesday next at Wells where I shall desire your presence that I may impart the Commission unto you and advise further about the execution thereof In the moan time I rest Your assured friend and Servant HERTFORD Bath July 24. 1642. Upon this Summons I waited upon my Lord Marquis at Wells together with two of my Sons and some servants And my Lord shewing me his Commission in which I found my selfe together with divers other persons of honour and quality named Commissioners which Commission was produced and read in the high Court of Justice upon my Tryall And in few dayes after and before my removall from Wells his Lordship had notice that some parts of that Country had put themselves in Armes and were marching towards him without his order or any knowledge of their designe whereupon it was
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