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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
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