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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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me he told me that he did for that I had told him that the purchase did stand me but in 8000 l. I told him that it stood me upon the point of 9000 l. ready money But now I understand from whence all my troubles do arise and of those commandments which God had made he that did break the least did break them all and therefore in coveting what did belong to another he was a very great sinner But I told him that herein I would befriend him that however he might covet Aubury yet I would promise him he should never have it whereupon Mr. Ash replyed nay you were best to say that I spake to you for Aubury if you do I protest I will deny it unto which I replyed Sir be assured that if I shall think fit at any time to charge you with it I will aver it with so much considence and truth that you shall not dare to deny it then he said unto me Sir I perceive you grow angry and it is time to leave you and so went as I suppose into the house and within a quarter of an houre after I was called to the Bar which was upon the 18th day of August 1646. And being commanded to kneele I prayed that before I received any mark of their displeasure I might know my offence and was thereupon committed to Newgate and prosecution was ordered to be made against me at the next Assises in Somersetshire in the years 1647. 1648. and afterwards at the Upper Bench as by these following Resolves and the Order for my Commitment appears Die Martis 18. Augusti 1646. Sir John Stawell being brought by the Serjeant to the Bar and by Master Speaker commanded to kneel refused desiring first to be informed what was his offence He was thereupon commanded presently to withdraw Resolved THat Sir John Stawell be forthwith committed prisoner to Newgate for High Treason for levying War against the Parliament Ordered that the Sheriffs of London and Middlesex be required to take special care That Sir John Stawell committed by warrant of this House Prisoner to Newgate for high Treason for levying war against the Parliament be kept in sure and safe custody Upon which Order a Mittimus was drawn up under the Speakers hand which followeth in these words BY Vertue of an Order of the House of Commons These are to require you to receive from the Serjeant at Arms or his Deputy the Body of Sir John Stawell Knight of the Bath into the Prison of Newgate in London and him there to deteine in safe Custody as your Prisoner until the pleasure of the House be signified to you to the contrary He being committed for High Treason for levying War against the Parliament And for so doing this shall be your warrant dated 18. Augusti 1646. William Lenthall Speaker To the Keeper of the Prison of Newgate in London Ordered THat Master Palmer Master Walker Master Harrington Master Serle Sir Thomas Wroth Master Blague and Colonel Popham or any two of them doe take care that there be a Prosecution and an Indictment prepared against Sir John Stawell at the next Assises to be holden for the County of Somerset for High Treason for his levying War against the King Parliament and Kingdome of England Die Lunae 28 Feb. 1947. Ordered THat Master Maynard and Master Hill doe take care of the Indictment against Sir John Stawell at the next Assizes for Somerset Die Mercurii 14. Martii 1648. REsolved by the Parliament That Sir John Stawell Knight be proceeded against for life in the Vpper Bench. Hen. Scobell Cler. Parliamenti And now having nothing left me to save either life or estate but by way of Petition to make my cause knowne unto the Parliament and having told Master Ash when I came out from the Bar that I hoped that in regard they did not admit me to speak they would not be displeased at my address by petition Upon this hint of my purpose Master Ash came unto me three or foure dayes as I remember after my commitment to Newgate And after that he had expressed seemingly a great deal of sorrow and trouble that his good Master for so he called me was in so sad a condition he offered me his service to doe what possibly lay in his power and sithence there was nothing more seasonable for me then good advice he did earnestly desire me to apply my selfe very humbly to the Parliament by Petition I told him that his advice my own resolutions did very well agree and that I did intend to doe so Whereupon he told me that he had a very earnest request unto me and prayed me that I would not deny it which was that he might have the honour to prefer my Petition for me And if it were so that I would trust him with it if he did not give me a very speedy account thereof and that he did not use his utmost endeavors to accomplish so much as I should therein desire he would give me leave wheresoever I saw him or spake of him to say My servant Ash was an arrant knave I told him that although I did intend to deliver a Petition yet it was not my purpose to have troubled him with it but since he had so friendly invited me thereunto he should have it He prayed me speedily to draw it I told him that I would He told me then he would come the next morning to me for it and accordingly he did so but not liking the Petition for that I had expressed therein That I had the benefit of the Articles of Exeter and that I had accordingly submitted unto my composition and that I was refused only for denying to take the Negative Oath Covenant and thereof re did pray that I might be referred unto my Composition and restored to my Liberty He told me that this Petition did too much expostulate with the Parliament for so he termed it that was highly displeased with me and that I should not petition in that way but draw up an humble Petition that should shew that I was very sorry that I had incurred their displeasures in refusing to kneele when they commanded me and to excuse that offence in the best manner that I could and to beg their pardon for the same And this he told me would be sufficient to take off the Prosecution of my Indictment which was the first thing in order to be done the Assizes being so near at hand in the Countrey Wherupon I sent another Petition to him which by his Letter written to me he seemed very well to approve of but yet although I did very often sollicit him by my Wife and Friends to put him in minde to prefer the same he never delivered it to this day nor did ever come neer me after that time which Petition followeth in these words To the Right Honourable the Commons assembled in Parliament The Humble Petition of Sir John Stawell Prisoner in Newgate WHereas your
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