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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67889	The vindication of Sr. John Stawells remonstrance, against a scurrilous pamphlet written by Mr. John Ash; entituled An answer to divers scandalls mentioned in the humble remonstrance of Sr. John Stawell. As also an answer to a petition of William Lawrence of Edenburgh, Esq; whereunto certain reasons are annexed, directed to the honourable the referrees of his highness most honourable council. With a conclusion humbly offered unto his highnesse the Lord Protector. / Written by Sr. John Stawell. Wherunto are annexed, a letter of Sir Anthony Irbyes, and a short reply of Sr. David Watkins relating unto some parts of the said pamphlet.	Stawell, John, Sir, 1599-1662.; Irby, Anthony, Sir, d. 1682.; Watkins, David, Sir.	1655 (1655)	Wing S5352; ESTC R208228	86,641	91

That Sir Iohn called him Servant and he Sir Iohn Master what care he had of Sir Iohn when he came to London and how that I was the onely bitter man Sir Iohn Stawel had at the Committee with much more to the like effect To which in brief I made answer I am sure the Committee present will affirm as much That I came thither by their Order to set my hand to my Depositions and not to make a reply to Mr. Ashe for it was but his Yea and it would be my No That I had not so forfeited my Credit with them or any body else but that it stood as clear and my words were to be beleeved as well as Mr. Ashes That what I had testified before them was truth which I would justifie by setting my hand to it and if they had power to administer I would willingly take my Oath of it or otherwise justifie it upon any English ground and thereupon I came and set my hand to my Depositions As I was going away Mr. Ashe desired that he might aske me a Question or two which the Committee gave leave unto The first was Whether I was not present at Goldsmiths-Hal the first and second time Sir John Stawel appeared there I answered I was pag. 16. The second was Whether the Committee did order Mr. Stephens to make a Report to the Parliament I Answered there was such an Order but those words in his Pamphlet p. 16. inserted in the body of this Question in a Parenthesis viz. Taking offence at Sir John Stawells language and mis-behavior there was no part of the Question to me but falsly put into his Book as he entred the Warrant of the fourth of August and done here with the same malice both to Sir Iohn his Master and to me his Friend The third Question was Whether to the making of the Order for Mr. Stephens his Report I did give my Vote in the affirmative My Answer was There was no negative for in truth there was no Question put and that was the reason of my Answer And wereas Mr. Iohn Ashe in pag. 16. saith I might have written the whole Truth for that I knew that the House of Lords had not approved of the Articles of Exon. Mr. Ashe did then very well know that the House of Commons for several weeks if not for some months before had approved of the aforesaid Articles and that at that time the Committee wholly consisted of Commoners the Lords not then being joyned with us to my best remembrance And if Mr. Iohn Ashe had had so great a respect to his old Master as he would have the world to beleeve he might have proceeded in Sir Iohn Stawells Compositions for the House whereof he was a Member could take no exceptions they having approved of the Articles Sir With as much shortness as I could I have made a true and faithful Relation and answer to such things as I judge material for the rest I value not My Credit not standing upon any mans sayings but my own Actions I rest Your Servant ANTHONY IRBY 12 May 1655. To my Honorable Sir John Stawell Knight of the Bath these Sir David Watkins his short Reply to a Passage in Mr. John Ashe his angry Replication to Sir John Stawells Remonstrance I Cannot but much admire that Mr. Iohn Ashe should be so sensible and displeased at my just Certificate made concerning Sir Iohn Stawel Knight of the Bath which I did out of my desire to promote that Common Justice which I owe to all men not aiming at my own particular nor intending thereby to lay my hand on Mr. Ashe his tender side or to discover any design of his For my Old Age which Mr. Ashe accounts a blemish I esteem a blessing from God and can justifie I have not served the State drowsely And if I were at any time nodding as Mr. Ashe would have it then certainly it must have been on the 4th of August 1646. when that mistaken Order for summoning Sir Iohn Stawell to answer a supposed Contempt was made and entred mentioned in pag. 26. of the Pamphlet set forth by the Purchasers of Sir Iohn Stawells Estate of which Order or Summons I conceive most if not all of the Committee except Mr. Ashe were as my self unknowing thereof although both they and I acted therein with faithful and unbyassed zeal And for my own particular I doubt not but the world is satisfied in all my Actings therein I have kept my Eye free from Coveting the Estates of other men my Hands from Bribery and my Body from Nocturnal and other pains the Concomitants of Ryot and that other Vice which is all I have at present to say to Mr. Ashe his Pamphlet p. 17. David Watkins 11. May 1655. The Articles of Exeter with their Confirmations The Answer unto the reasons Mr. Ashe his first visit The Objection answered made by Mr. Ashe touching Dean and Chapters Lands My subscription as Guild-Hall The Order and the Subscription therupon The visit I gave Mr. Ash. My Petition to compound The time I preferred my Petition to compound Mr: Ash procures by his Petition the benefit of my Composition Mr. Ashes petition to the House and the Order therupon This appears by Mr. Baylies certificate The examinations of Sir Anth. Irby and Sir David Watkins The Certificate and judgement in Mr. Newcourts Case The Order of the Committee for Mr. Ash his receipt of the Fines The Treasurers account Monies demanded by Mr. Ash which he never paid 1642. 13. July 1642. November 2● Colonell Popham's Petition Here begins the relation of the false Record entred the 4th of August This is certified by Mr. Bayly The Record of the 4th of August My second appearance upon Summons The Mittimus to Ely house The Order for the report So certified by Mr. Bayley Mr Ashes testimony The things premised by Mr. Ash The answer therunto Mr. Leeches testimony taken in short hand by order of the High Court of Iustice Observations in answer to Mr. Ashes particuars mentioned in his Pamphlet page 4. and 5. The Record in the short-hand Book Mr. Attor Gen. Mr. Attor. Gen. Lord President Mr. Attor. Gen. Resolves and votes of the House The manner how he cheated me out of my Petition Mr. Ash his relation touching the Petition * That my Fine which he begged might be increased above what my Articles required upon my remittall to Goldsmiths Hall He got his own Petition answered the first day it was offered Pray let this be compared with his Letter that followes Pray compare this with Mr. Hollis his Letter and my Petition proved by Mr. Basset hereafter mentioned The answer to Mr. Ashes Relation touching the Petition The copy of my Petition that Mr. Ashe disliked Mr. Ashes first Letter The Petition and Mr. Bassets Affidavit proving the same Pray observe how this was done in persuance of Mr. Ashes directions mentioned in his Letter Mr Ashes second Letter Mr. Hollis his Letter Pray observe how different this is from Mr. Ashe's affirmation in his Pamphlet Mr. Ashe's Objections My Answer to them My Trial before the High Court of Justice In the Book of Short-hand taken by order of the High Court of justice The book of Short-hand proves this Mr. Ashe is here considered in a twofold capacity As a private person As a publick person L. Cook 3d part of his Instit p. 223. Sir Will. Thorps Case Cook 3d part of his Instit. p. 22 23 Triseilians Case L. Cook 3d. part of his Instit. p. 222. Nota. 37 E. 3. cap. 18. Answers to the Objections against Sir Anthony Irbys and Sir David Watkins Testimonies So certified by Mr. Baily The Iustification of Mr. Stephens his Report answered Mr. Stephens his examination in the High Court of Justice 18. of Ian. 1650. Mr. Lawrence's Petition and Reasons examined and answered The first Act constituting the Court of Articles A Proviso in the first Act The second Act reviving the former Provisoes inserted in the Act Provisoes offered rejected The Judgement of the Court of Articles The Judgement proved to have been given by the Court in pursuance of their Trust and Power The Certificate of Mr. Lawrence his Uncles This was no hard bargain Mr. Lawrence his mistake in representing my condition The objection touching the Act of confirmation answered L. Cook 8. Rep. Dr. Bonhams Case The Certificate of the Court of Articles Authorities and Reasons why publick sales made contrary to Articles should be va●●ted Plutarch in the life of Aristides Sir Walter Raleighs History of the World 1 part 5 Book Plutarch in the life of Mar● Anthonie Davilae's History of the Civil Wars 1 part and 3 Book Rot Parl. 1● E. 4. Menbr 22. Nu. 31. Josh chap. 9. 2 Sam. 21.

made to the Parliament is the same with Mr. Ashe his Testimony given at the High Court of Justice and Mr. Ashe by way of answer doth with his usual confidence deny it affirming that Mr. Stephens Reported nothing to the Parliament touching my ill behavior but what he heard from my own mouth which was so much as moved him to make that cloze to his Report I before mentioned viz. That if the Parliament did not make Sir John Stawell a Traytor Sir John Stawell had made them Traytors Here Mr. Ashe might have informed the Reader truly and let him have known the reason why I gathered Mr. Stephens had received Instructions from Mr. Ashe for making his Report was not onely by the testimony of Mr. Ashe under his hand agreeing with the Report but also more especially by the Deposition of Mr. Stephens taken in the High Court of Justice wherein he doth confess he was not present when I first appeared before the Committee at Goldsmiths-hall and consequently he could not report any thing which was transacted in his absence but by order of the Committee or by the relation of some other who did inform him whom I collected to be Mr. Ashe because his Deposition agrees in substance with the Report of Mr. Stephens and is grounded upon what Mr. Ashe though falsly affirmes to have been the opinion of the Committee at my first appearance before them when I tendred my Petition there being no such thing at all voted or spoken by the Committee at my last coming before them when Mr. Stephens was in the chair which appears plainly if we consider in the first place What the Report was according unto Mr. Ashe his Testimony before recited which saith that Mr. Stephens in his Report informed the House that the opinion of the Committee was I had slighted and contemned the Authority of the present Parliament and forfeited their mercy contained in the Articles of Exeter Now it is evident that Mr. Stephens had no direction from the Committee at his being there to report that unto the House as their opinion by the Order before recited which was no more but that he should report unto the House my refusing the Negative Oath and Covenant my committal for it my carriage and my desire for an allowance of maintenance But they declared no opinion at all touching my carriage nor did ever put it to the Question So as I must now leave it to the Readers judgement whether of us two speaks truth and whether this be an idle aspersion as the worthy Gentleman is pleased to stile it Either Mr. Stephens who was not present the first day of my appearance as Mr. Ashe and himself acknowledge and consequently could not know what was then spoken but as he was informed must have his Instructions from the Committee or from Mr. Ashe the Chair-man But from the Committee he had no such Instructions to report That Sir John Stawel had sleighted and contemned the Authority of the present Parliament and forfeited their mercy contained in the Articles of Exeter as appears by their Order and from thence to infer That if the Parliament did not make Sir John Stawel a Traytor Sir John Stawel had made them Traytors Therefore this must needs proceed from Mr. Ashe who as it seems by what is said before did put his own words into Mr. Stephens his mouth or otherwise Mr. Stephens must have spoken what he did without any ground or authority whatsoever And this I suppose Mr. Ashe will be very unwilling to acknowledge of his good friend who hath so faithfully served him to my ruin and destruction Reader Here I conclude this Vindication of my self and my Remonstrance against that false and scurrillous Pamphlet published by Mr. Iohn Ashe to justifie himself and asperse me I have most clearly proved that all his actings in my business have proceeded out of malice self-interest perfidiousness towards me and breach of Trust towards the publique That all his Allegations in his Pamphlet published for his excuse are full of impudence and falsehood I will not take much pains to justifie my self or trouble the Reader with that Quaere which he hath frivolously inserted in the Margent of his Pamphlet as though I had got Lands from Mris. Basset by a cheat but give this short Answer Either my Wife had a power to dispose of her Fathers Estate or she had not If she had What wrong could it be to Mris. Basset for her Mother to dispose of what was properly her own If not Then surely what my Wife hath done is a great benefit to Mris. Basset who hath received 3000 l. above twenty years since as a portion from me her Right if any being still preserved But this is onely the foul mouth of Mr. Ashe who hath abandoned all regard of Modesty or Truth that he might fix some stain upon me Yet I forbear to follow my just Resentments in decrying his falsehoods and shall notwithstanding the high provocations which he hath given me wish him a due sense of his most wicked practises and a sincere repentance for them THere is together with the Pamphlet of Mr. Ashe in Answer whereunto I have published this Vindication of my Remonstrance printed a Petition To the Honorable the Referrees of his Highness most Honorable Council in the cause between me and the Purchasers by William Lawrence of Edenburgh Esq to which some reasons are annexed why the Petitioners Purchase ought not to be questioned by me Wherein because the Petitioner giving full scope to his passion hath in the Reasons annexed written many things injurious to the Honorable Members of the Court of Articles who have pronounced their Sentence in my behalf ungratefully scandalous against me and prejudicial to the Honor of the Parliament by whom the Court of Articles was first erected and impowred I hold my self obliged to give an Answer with all brevity and clearness possible unto such of the Reasons as have not been already Answered in the preceding parts of this Discourse The first of these Verbatim is Your Petitioner saith That such Members of the Committee of Articles as have acted for the said Sir John Stawel against Purchasers are Parties and not Iudges and their Orders and Certificates ought to have no credit or authority And your Petitioner saith they have mis-stated the Case transgressed the Duty of an inferior Iurisdiction and presumed on Acts of sovereign power they have wrongfully indebted the Commonwealth in vast sums of money to the said Sir John Stawell they have occasioned false scandal on it of infringing his Articles and have not been indifferent or equal in their proceedings either as to publick or private Rights all which your Petitioner shall be ready to prove How precipitatly rash this Gentleman hath been in passing so severe a censure upon those Honorable persons who gave the Judgement for me in the Court of Articles will appear fully when I have laid before his eyes the power

THE VINDICATION OF SR. IOHN STAWELLS REMONSTRANCE AGAINST A Scurrilous PAMPHLET written by Mr. Iohn Ash Entituled an ANSWER to divers Scandalls mentioned in the humble REMONSTRANCE of Sr. Iohn Stawell AS ALSO An ANSWER to a Petition of William Lawrence of Edenburgh Esq Wherunto certain Reasons are annexed directed to the Honourable the Referrees of his Highness most Honourable COVNCIL With a Conclusion humbly offered unto his HIGHNESSE The LORD PROTECTOR Written by Sr. IOHN STAWELL Wherunto are annexed A Letter of Sir Anthony Irbyes AND A short reply of Sr. David Watkins relating unto some parts of the said PAMPHLET LONDON Printed by T. R. for Henry Twyford and are to be sold at his Shop in Vine-Court Middle Temple An. Dom. 1655. THE Vindication of Sir IOHN STAWELLS Remonstrance against a Scurrilous Pamphlet written by Mr. Iohn Ashe c. I HAVE in my Remonstrance formerly made a Profession to fixe my selfe upon that truth which should be avowed upon The Faith of a Christian and Honour of a Gentleman and I can with much confidence affirme that I have not been wanting in the least point to that profession And I engage my selfe again to follow the same course in the ensuing Narrative wherein when I shall have demonstrated by clear proofes and arguments the wicked and malicious Practises which Mr. Iohn Ash hath used against me thereby involving me in those great Calamities and miseries which I have undergone for many years violating that private tye of Freindship which he pretends and duty of a person publickly entrusted by the Parliament I doubt not but the Reader will beleive I had more cause to have expected that Mr. Ash would rather have acknowledged by his thankfulness the moderation I used in the relating of those passages wherin he was concerned in my Remonstrance then have endeavoured as he hath lately done by a scurrilous Pamphlet published in his name to asperse me with the Writing of many fashoods in severall Pages of it and by a faigned discourse as Void of Truth as of Civility perswade the Reader First That I never had any intention to compound upon my Articles And Secondly That he had alwayes studiously performed the Office of a Faithfull Freind unto me Now these two points have been already cleered by solemne Judgments in two great and honourable Courts constituted by Authority of Parliament who having both of them declared that I submitted to a Composition according to my Articles and performed al things which were on my part requisite towards my obtaining the benefit of them have therein also by a necessary consequence resolved that Mr. Ash by whom I was refused to be admitted to my Composition when I first tendred it had not performed either the Office of a Freind or duty of a publick person towards me so that it may appear superfluous to give a further Answer to it which was the cause I had at first some thought to let it passe as being a thing which deserved not the trouble of an answer yet afterwards having more seriously weighed what ill impressions so many Shamelesse and notorious Falshoods might make in those who are but strangers unto the former proceedings in my Cause if they perceived them passe in silence without an Answer to the great prejudice of Truth and of the Justice of those two honourable Courts who have already cleared them by their Judgments I have thought fit upon these grounds and for my own vindication from those scandalls wherewith the Author of that Pamphlet hath therin Falsely and maliciously aspersed me to publish an exact Narrative of all his Actings in relation to my business from the 15th of Iuly 1646. which was the day of my first coming to London upon the Articles of Exeter untill this time that so it may appear how shamelesly he hath endeavoured to abuse the Reader by that most false and scandalous Pamphlet And therefore I shall in the first place represent clearly the condition wherein I stood at my first coming hither after the granting of those Articles being breifly thus Upon the rendring of Exeter to the Lord Generall Fairfax there were some Articles agreed upon between his Lordship and the Governour dated the 8th of Aprill 1646. which were upon the 6th of May following read and approved of by the House of Commons and afterwards by both the Houses on the 4th of November 1647. the 12. 13. and 21. of which Articles together with the Votes and Orders made in confirmation of them do follow in these words 12. That no Lords Knights Gentlemen Clergymen Chaplains excepting those who are by name excepted by Parliament from Pardon and Composition Officers Citizens and Souldiers and all other persons comprised in these Articles shall be questioned or accomptable for any Act past by them done or by any other done by their procurement relating unto the unhappy differences betwixt his Majesty and the Parliament they Submitting themselves to reasonable and moderate Composition for their Estates which the Generall Sir Thomas Fairfax shall really endeavour with the Parliament that it shall not exceed two years value of any mans reall Estate respectively and for personall according to the ordinary rule not exceeding the Proportion aforesaid Which Composition being made they shall have indemnity of their persons and enjoy their Estates and all other immunities without payment of 5. or 20. part or any other Taxes or Impositions except what shall be hereafter charged upon them in Common with other Subjects of this Kingdome by Authority of Parliament 13. That all Lords Knights Gentlemen Clergymen and Chaplains excepted in the next precedent Article shall have Liberty to go unto any of the Kings Garrisons and to have a safe Conduct for themselves and servants to go unto the Parliament to obtain their Composition for their Estates and Indemnity for their persons which though it prove uneffectuall yet nevertheless they shall have four Moneths time next after the date of these Articles to endeavour their peace or to go beyond the Seas and shall have Passes for that purpose 21. That no Oath Covenant Protestation or Subscription relating therunto shall be imposed upon any person whatsoever comprised within these Articles but only such as shall bind all persons aforesaid not to bear Armes against the Parliament of England now sitting at Westminster nor wilfully do any Act prejudiciall unto their affairs whilst they remain in their Quarters except the persons aforesaid shall first render themselves to the Parliament who shall cause them to be secured if they think fit Die Mercurij 6. Maij 1646. THe Articles made and agreed upon between Sir Thomas Fairfax General and Sir John Berkley Governour of Exeter upon the rendition of the sayd City c. to his Excellency Sir Thomas Fairfax were all this day read and upon the Question approved H Elsynge Cler Par D Com. Die Iovis 4. Novemb. 1647. THe Lords and Commons assembled in Parliament do approve of the Articles of Exeter and

order this approbation to be published to the end all people concerned may take notice therof And that the Committees Iudges Officers and other persons concerned therin do take notice therof and observe the same any Orders or Ordinances to the contrary notwithstanding Iohn Brown Cler Parliamentor H Elsynge Cler. Parl D Com. THe Reader may observe that a distinction is made upon the granting of these Articles between such as were then Excepted by Parliament from Pardon and Composition and all other persons comprised in them Those of the first sort being the excepted persons were to enjoy no other benefit by the Articles but liberty to go unto any of the Kings Garrisons and safe conduct for them to repair unto the Parliament there to apply themselves for their admission to Composition and Indemnity and if they failed therin were however to have four months after the date of them to endeavour their peace or go beyond Sea to which purpose Passes were to be granted to them All the rest were not to be accountable or questioned for any Act done by them or their procurement Relating to the War they submitting to Composition which his Lordship engaged himself should not exceed two years value and that being once made they were to have Indemnity for their persons and enjoy their Estates and all other Immunities so as all these were absolutely admitted to their Compositions without any limitation or circumscription of time wherin they should submit unto it The Articles further providing that no Oath Covenant Protestation or Subscription relating therunto should be imposed on them but only such as should oblige them not to bear Armes against the Parliament nor wilfully do any thing prejudicial to their Affairs whilst they remained in their Quarters I was comprised within these Articles and accordingly the Lord General on the fourth day of April 1646. gave a Certificate under his hand and Seal therby signifying that I was in the said City at the surrender therof and was to have the benefit of those Articles which were then agreed upon which Certificate I forbeare to insert here because it is recited in my Remonstrance and hath been proved upon my several Tryals in the High-Court of Justice and the Court of Articles And consequently not being excepted from Pardon or Composition by the Parliament was absolutely admitted to compound without any limitation of time wherin to make a tender of it But having upon due consideration resolved to submit unto the Parliament accept the benefit intended to me by those Articles and spend the residue of my daies in peaceable obedience unto the Government established I thought it best to put this speedily in execution and after some time spent in the Country to fit my selve for such a Journey I came to London on the 15th day of Iuly 1646. I was no sooner come but Mr. Ash taking it seems notice of my arrival came the next day being the 16th day of Iuly 1646. early in the morning whilst I was a bed to welcom me to the Town and to bestow a Visit on his good Master for by that name he pleased to call me And here begin the Series of those Untruths which he hath framed and published as an Answer to my Remonstrance in the said fictitious Pamphlet wherin he doth by way of Introduction assure the Reader that he hath written an exact Narrative of all proceedings and passages in my Cause from the time of my first coming to London unto the time I was arraigned at the High-Court of Justice and this he saith he wrot upon the first sight of my Remonstrance but then forboreto publish it upon some reasons which he pretends did hinder him from setting out that large discourse First in regard that he had answered all the particulars which did concern him before the High Court of Justice to their satisfaction and my confusion Secondly because the scandalls he pretends were mentioned in my Remonstrance were so apparantly false that every one might easily perceive therin a confutation of those things were charged upon him And thirdly Because in his respect unto my family he was willing to be silent least otherwise in giving answer unto the scandalls wherewith he doth pretend himself to be aspersed by saying he did clandestinely obstruct my composition he might doe that wch he doth now conceive himself obliged unto viz. Prove that I never intended to compound but resolved the contrary flattering my self with hopes of seeing the late King restored unto his power and greatness from whom I might receive not only my whole Estate but also a great reward for my suffering in owning and defending his cause beyond any of his party But notwithstanding these reasons since he hath heard that a Committee was appointed to examine the matter of Fact in my Petition he is so set upon the working of my ruine that he is now resolved to add falsehood and impudence unto his malice by publishing this Fiction of his own in answer to the Scandals which he pretends were fixed on him by my Remonstrance least otherwise his testimony against me might be impeached and he should be mis-represented to those who were strangers to his Actions Now in regard I have resolved in this Discourse to render an exact Narrative of Mr. Ashe his carriage and actings in relation to my business wherby the many falsehoods contained in that his Pamphlet will be made evident I hold my self obliged before examination of them to shew the falsehood frivilousness and vanity of those his Reasons Now as to the first of them I cannot but admire the boldness of this affirmation which is not only contrary to truth but also to the very Judgment of the High-Court of Justice in the sole point examined by them For being brought to tryall for my life before that Court I had no other matter to alledge for preservation of it but that I was comprised within the Articles of Exeter and had performed all that on my part was required for Intituling my self unto the benefit of them That all my troubles had their rise from Mr. Ashe who contrary to justice and his duty refused my Petition to compound when I first tendred it according to my Articles and afterwards caused me to fall into the Parliaments displeasure by the undue practises hereafter mentioned which are the Subject of the ensuing Narrative To prove the contrary wherof Mr. Ashe was produced a Witness on the Common-wealths behalf and did with great malice and virulency endeavour to have justified his own proceedings by proving that I had forfeited the benefit of my Articles But the Court having upon full hearing declared the contrary did consequently and by implication adjudge his Answer no way satisfactory as to the clearing of himself from those hardships towards me wherwith I charged him upon my defence and this point also hath been since decreed by solemn Iudgment of the Court of Articles So as this first reason is a notorious

persons comprised within any of the said Articles as shall neglect or refuse to observe this Order or do any thing contrary to the said Articles shall forfeit the benefit of the said Articles And this to be printed and published by sound of Trumpet and beat of Drum and the Committee of the Militia of London is desired to take care that this be so published accordingly Hen Scobell Cler Parliamenti The Subscription is thus certified I Am commanded by the Committee of the Militia of London to certifie That Sir John Stawell Knight of the Bath did promise before the said Committee that he would not bear Armes against the Parliament nor wilfully do any Act prejudiciall to their Affairs while he remains in their Quarters and therunto subscribed his name according to the Order of Parliament in that behalf dated at Guild-Hall London the 18th of July 1646. Adam Bankes Clerk to the said Committee Having thus performed what by the Order of Parliament I was directed to do I did a day or two before I presented my Petition to the Committee at Goldsmiths Hall where Mr. Ashe was Chair-man wait upon him at his Brothers house in Fanchurch Street and acquainted him with my purpose to petition desiring his furtherance therin which he promised and then informed me of the day that the Committee sate at which time he would not sail to be there himself and would in all friendly manner further my business and upon my return from him that night I drew up my Petition which Mr. Stonehouse my Kinsman who was then with me and wrote a better hand then my self did me the favour to transcribe for me which Petition followeth in these words For the Honourable the Committee for Compositions sitting at Goldsmiths Hall The humble Petition of Sir John Stawell Sheweth THat your Petitioners Estate hath been for a long time sequestred and himself reduced to very great wants which being supplyed by the help of his friends hath added much to his former Debts and Engagements He humbly praies that you will be pleased to admit him to his Composition according to the Articles of Exeter and Sir Thomas Fairfax his Certificate which renders him capable of that Agreement And your Petitioner shall c. THe next day being the 24th of Iuly Mr. Stonehouse did me the favour to accompany me to Goldsmiths Hall and coming to the door where the Committee sate I desired the Door-keeper to acquaint Mr. Ashe that I was without and had a Petition to present who brought me word that as soon as Sir Henry Berkleyes business was over I should be next and accordingly about half an hour after I was called for and none of those who were without admitted to come in with me Being come in I tendred my Petition to the Committee and delivered it into Mr. Ashes hands who having read it threw it down upon the Table saying it was a Remonstrance and not a Petition and put it from him towards me as far as he could reach for me to receive again wherupon I told him I had brought that for him and had a Copy of it for my self and so left it upon the Table He told me I must confess my Delinquency before I could be admitted to Composition and I replyed that I came thither to compound for my Estate according to my Articles which did not require me to confess my Delinquency and withall told him that I had born Armes for the King and that I did so by his command and I said by his command not that I stood upon my justification but to entitle my self to the Articles of Exeter which did excuse me for Acts done relating unto the unhappy differences He then asked me if I had taken the Negative Oath and Covenant and I answering that I had not he told me that before I could be admitted to Composition I must take them both J replyed that by my Articles J was freed from taking any Oathes And J do well remember that as J have set it down formerly in my Remonstrance he pressing me to take those Oathes and to acknowledge my Delinquency J did at last make him this answer Mr. Ash J have known you long and my good friend and do desire to preserve you so and for these Gentlemen that are of the Parliament for J did not then know but that they had been so there was very great reason that my Judgment and Opinion should subscribe to theirs but as for my Estate it was my Servant and J had a power to command it but my Conscience was my Master and had power to command me and therfore J must yeild obedience to it And since these Oathes you offer me are contrary to my Articles and repugnant to those J have already taken J desire you will excuse me if J refuse them Hereupon Mr. Ash willed me to withdraw and being called for in again Mr. Ash told me J was but lately come to Town and therfore they would allow me some time to consider of the Negative Oath and Covenant of which it might be I had not yet taken notice But unto this my Answer was that I did not desire any time to consider of what was a right which did belong unto me by my Articles and of which if I should accept and make them the same Answer as now they might conceive that by the acceptation of time I had abused their expectations wch I was unwilling to do Hereupon I was again willed to withdraw and attended without till the Committee rose not knowing whether they might have any thing more to say unto me but having not then heard any more from them after they were risen I departed home unto my lodging I have set down this conference at large though I have formerly related it in my Remonstrance because the Reader may observe by it that I did never in the least kind declare that I had no intention to compound as Mr. Ash hath with great Impudence and false hood suggested but on the contrary did apply my self to the Committe and desire to be admitted to my Composition upon the termes prescribed by my Articles unto which if Mr. Ash and the Committee had given way without inforcing Oaths and Covenants upon me from which I was to be exempted by my Articles I had then perfected the same therby had been free from all those Miseries Calamities which I have for many years suffered for he having as I formerly related understood from me at my first coming that I intended to compound did therupon preferre a Petition to the house therby desiring that my Composition money together with the Compositions of Mr. Coventry and Sir Edward Moseley might be granted to him for the discharge of some disbursements of his own wherein he stood bound with Collonel Allexander Popham Col. Nathaniel Fines Col. Hollis and and other Gentlemen of the County of Somerset for the service of the Parliament amounting in all

Law or stop the sale of their Estates That in all other cases where the Articles are confirmed by Parliament the said Commissioners have power not onely to stop the sale of their Estates but also to vacate the sale of them and award restitution in specie unto the party claiming relief upon the Articles according to the express words of the Act Especially considering the House rejected the said two Provisoes tendred to restain them in this particular Case and did thereby sufficiently declare their intentions to be that they should put that power in execution where they saw cause It being therefore evident that the Commissioners have in their proceedings and sentence given for me pursued the Trust and Power committed to them by the Parliament it must then follow of necessity That Mr. Lawrence by saying they are parties and not Iudges That their Orders and Certificates ought to have no Authority or credit that they mis-stated the Case and have not been indifferent or equal in their proceedings with other scandals therein mentioned hath been mis-guided by his passion and hath instead of a Reason published a false malicious and scandalous Libel against those Honorable and worthy persons who are Magistrates trusted and imployed in this and other weighty Affairs which are of great concernment to the publique whose just equal and indifferent proceedings he doth therein traduce seeking petulantly for his own private interest to weaken the authority of their proceedings by the defaming of their persons I pass over many of his Reasons wherein he doth alledge onely those things that were in issue and have been judged already in the High Court of Justice and the Court of Articles where I have proved them to be onely surmises and scandals cast upon me But I esteem my self obliged to give an answer unto the slanders which he himself hath first invented and now indeavors with great ingratitude to fix upon me by those Reasons Wherein he hath suggested That I received from his Father more for a Lease of what he purchased than the inheritance was worth That he was totally ignorant of my pretending to the benefit of Articles though he requested me to give him notice and directions That I have miserably and totally depopulated the whole parish of Cotheleston in Somerset and by force fraud and terror expelled them their Wives Children and Families to swim through their own tears to new plantations That to restore me would be to sacrifice unto my rage and revenge all the well-affected people of fifteen or sixteen great Mannors whom I would totally extirpate These charges are very high and heinous in themselves and therefore it would surely have been just and fitting this Gentleman should not have vented his spleen and malice in such a publique way against me without producing some proof of what he hath so confidently written But I intend not to return an Answer to him by a bare denial but I shall desire the Reader to observe how little cause there was for him to publish this false invective when he hath first perused the Certificate of two substantial grave and consciencious Gentlemen Uncles to Mr. Lawrence signed by them and intended to be presented to the Committee of Parliament but came a few days too late To the Honorable the Committee appointed by Order of Parliament in the case of Sir John Stawell We whose names are here under written Uncles to William Lawrence of Edenborough Esq and Brothers to his deceased Father having seen a printed paper Intituled Mr. Lawrences Petition together with Reasons thereunto annexed why the Petitioners Purchase ought not to be questioned by Sir Iohn Stawell do at the request of Sir John Stawell and in favor of truth thus humbly certifie your Honors THat our Father was Tenant and many years a Servant unto Sir Iohn Stawells Grand-father who throughout all his time was never other than a kind and loving Master unto him and did intrust him with the management of his Estate and Lands in Dorset where he lived and was a very great support unto him being a Father of many children and to whose Name and Posterity we cannot but pay all thankful acknowledgements We do also acknowledge That we are not a little troubled at those mis-representations which our Nephew Mr. Lawrence hath made in the before-mentioned Petition having known Sir Iohn Stawell that now is from a Child and how kind and friendly he hath been to our Name and kindred who are many of us his Tenants and have ever found him in an especial manner regardful of us And in particular I Robert Lawrence do testifie that I was intrusted with others in the managing of Sir Iohn Stawells Estate divers years during his minority by the power of his Grand-fathers Will and since was his Servant and Officer untill his Estate first fell under Sequestration And whereas it is by the Petition suggested That my Brother the Petitioners Father gave far more for an Estate by Lease unto Sir Iohn Stawell than the whole Inheritance is worth The Petitioner in those days was young and it seems not acquainted with the truth of things But I well remember that the Petitioners Father did purchase of one Dunning part of a Farm called Wraxal Farm being the Inheritance of Sir Iohn Stawell which the said Dunning held for certain years determinable upon his own life being then I beleeve about forty years of age for which he paid 300l And the same is now valued and esteemed to be worth threescore and ten pounds by the year above the Rent and did within few years after purchase of one Mr. Anthony Stawell a Farm called Rampisham Park adjoyning to the aforesaid Farm called Wraxal Farm wherein the said Anthony Stawell had then an Estate for ninety nine yeers determinable upon three lives which were then all living being the Inheritance also of the said Sir Iohn Stawell which Farm is esteemed to be worth by the year two hundred and twenty pounds at the least besides the rent for which he paid Thirteen hundred pounds and being so settled in the said two Farms after Sir Iohn Stawell came to the age of one and twenty years for he was in minority when these bargains were made the said Petitioners Father being married and having a Wife and Children became an earnest Suter unto the said Sir Iohn Stawel to exchange those Estates by which he held those two Farms and to settle them upon his own lives concerning which there were divers parlies between them and my self did indeavor to gain it for him and the Bargain was concluded that for Seven hundred pounds and surrendring the former Estates he should have both Farms granted unto him upon one Lease for Ninety nine years if three lives named by him should live so long which was performed accordingly whereas I beleeve he would have given Eight hundred pounds for it rather than he would have left it and by this Bargain the Lease then granted is enjoyed by