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.

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.

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.

Table of contents

Title page

THE Vindication of Sir IOHN STAWELLS Remonstrance, against a Scurrilous Pamphlet written by Mr. Iohn Ashe, &c.

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The Conclusion to His Highness the Lord Protector.

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Sir David Watkins his short Reply to a Passage in Mr. John Ashe his angry Replication to Sir John Stawells Remonstrance.

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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.

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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 [Page] 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.

The Articles of Exeter with their Confirmations. 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 [Page] 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.

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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.

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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 [Page] 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, [Page] 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,The Answer unto the reasons 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 [Page] 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 untruth, declared to be so by two honourable Courts, and is besides injurious to them, since they could not in justice have acquitted me, without censuring the proceedings of Mr. Ashe against me, as unjust, and tending to the violation of the said Articles.

As for his second Reason, it is, besides the falsehood of it, so vain and frivolous, that I can see nothing of reason in it, but the name, for if those things wherwith I charged him be true (as I shall evidently shew they are) then the improbability of them is a Chymera only of his own brain, which can no where have a subsistance, except it be in his fictitious Pamphlet, the worthy Issue of such a Parent.

And for his third Reason, who sees not the absurdity therof, for if he truly had any respect unto my Family (which he hath ruined) and had for that consideration forborn to publish that, wherby it might appear I never had intention to have compounded (as he surmiseth:) This motive of respect unto them would have been much more powerfull with him, when upon my Petition to the late Parliament, he saw that a Committee was appointed for the re-examining of my Cause (on the success wherof depended their fairest hopes) then whilst they could not be prejudiced by that discovery: (The High-Court of Iustice and the Court of Articles having resolved in my Case, that I had really submitted unto a Composition according to the Articles of Exeter.) Therfore sor this man to do this unasked or called for, meerly to preserve himself in a capacity to be a Witness against me, and therby the better to be enabled to ruine and destroy them, is a kindness so suitable unto the truth of all his other Allegations, that I must leave it to the Reader to determine, whether he hath in these three Reasons given a larger testimony of his Ingenuity, or of his respects unto my family.

His three reasons being thus answered, I shall now proceed in my relation which upon that occasion was interrupted, and shall inform the reader of what passed between us upon our first meeting.

Mr. Ashe his first visit.This first visit from Mr. Ashe (who was in those dayes a man of power and usually Chair-man of the Comittee at Goldsmiths Hall, (with whom I was to make my Composition) gave me an apprehension that I might by his favour reap some considerable advantage [Page] in the perfecting of it, and therfore after words of civility and congratulation had passed between us (such as are usuall amongst friends upon their meeting after a long absence) I failed not to acquaint him with my business, letting him know that I was come to London, with an intention to compound for my Estate upon the Articles of Exeter, and did desire his furtherance in the doing of it, which he did very freely promise, assuring me that he would imploy his best interest to serve me in all things.

And now having thus happily (as I thought) gotten a friend,The Objection answered, made by Mr. Ashe, touching Dean and Chapters Lands. who could better then any other assist me in the prosecution of my business, I did then upon further discourse, acquaint him with a difficulty, I apprehended, in being able to raise money for payment of my Composition, telling him, I had heard in the Country, that Deans and Chapters Lands were by the Parliament appointed to be sold at ten years purchase, and therfore it was probable the price of other Lands would fall on that occasion; wherby the two years value, which by my Articles I was to pay for my Composition, would be intruth the same to me as four years value, because I should for raising of it, be forced to sell Fee-simple Lands at ten years purchase, which at another time would sell for twenty.

This was in truth a Report mistaken in the Country, for although Bishops Lands were about that time appointed to be sold (which was the occasion therof) yet Deans and Chapters Lands were not exposed to sale till some years after: But it is certain, that I had heard so in the Country, and did accordingly upon this ground relate the same to Mr. Ashe, who (though he could have rectified my error in this particular) forbore to do it, because having (as since appeared) some covetous design on my Estate, he thought whilst I continued in that Error, I might be drawn to sell my Land a better penny worth then otherwise I should have done.

And that his thoughts were then projecting some such thing, appears clearly by his after actings and discourse to me, when being sent for by the House of Commons, I was (as I have mentioned formerly in my Remonstrance) put into the little dark corner upon the left hand of the entring in of the outermost door of the House, wherof I shall hereafter have occasion to speak more largely.

But whatsoever Mr. Ashes thoughts then were,My subscription as Guild-Hall. I (who had then a thought on nothing more then the perfecting of my Composition) having upon inquiry heard, that all persons comprised within Articles, who should repair unto the Cities of London and Westminster, should within four daies after their coming, repair to Guild-Hall London, and there produce their Passes, and according to their Articles engage themselves not to bear Armes [Page] against the Parliament; or wilfully do any Act prejudiciall to their Affairs, whilst they remained in their Quarters) I did according to the said Order make such subscription and promise on the 17th. of Iuly, 1646. (being within the time therin limited) as appears by the said Order of Parliament) which together with the said Certificate touching my subscription, hereafter follow.

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2. July, 1646.

The Order and the Subscription therupon.IN order to the safety of the Parliament and City, It is ordered by the Commons in Parliament assembled, that all such persons of what degree or quality soever, comprised within the Articles of Oxon, Exon, and all other Garrisons, that are already come to the Cities of London and Westminster, and places within the lines of communication, shall before Thursday next, being the nineth day of this instant month of July, repair to Guild-Hall London, and shall there, in the presence of any three of the Committee of the Militia of the City of London, produce their Passes, and shall according to their Articles engage themselves by promise, not to bear Armes against the Parliament, nor wilfully do any Act prejudiciall to their Affairs, so long as they remain in their Quarters: And that all persons of what degree or quality soever, comprised within any of the said Articles, as shall hereafter come within the said Cities and Lines of Communication, shall within four dayes after their coming repair to Guild-Hall, London, and shall there likewise produce their Passes, and make the like Engagement. And the Committee of the Militia, or any three of them, are hereby authorized to receive the said Engagement, and take the respective Subscriptions of the persons, and for this purpose are to sit constantly three daies in the week; viz. Mondaies, Wednesdaies, and Frydaies, between the hours of three and seven in the afternoon.

And lastly it is ordered, That such of the 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, [Page]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,The visit I gave Mr. Ash. 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,My Petition to compound. 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, The time I preferred my Petition to compound. 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, [Page] 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 [Page] 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,Mr: Ash procures by his Petition the benefit of my Composition. 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 with the Interest unto 10920 l. and that the overplus of our Compositions might be allowed unto him for the Losse, and Damages which he pretended to have suffered by the War, if the Parliament should so think fit, and this accordingly was granted unto him by order of the House upon his Petition the 17th. day of Iuly 1646. which was the day after he had been with me at my lodging; which Petition and the Order therupon do follow in these words.

The humble Petition and desires of Iohn Ash a member of this House craving your assistance for satisfaction, and repayment of such summs of money as he hath disbursed for your service, and by Bond hath engaged to pay for you.

INprimis, Mr. Ashes petition to the House and the Order therupon: That when the Parliameut first raised their Army he did then in the House publiquely engage to pay ten pounds per week for the maintenance of that Army, which money he paid into the Treasury at Guild Hall for the space of twenty weeks, and also two hundred Pounds more which he borrowed of his father.

2. That he raised, armed, and for many weeks payd a Troop of horse, a Company of Foot, and a Company of Dragoons for the service of the West-Country, before the Contributions, or any way setled, for the payment of Souldiers in those parts, which were commanded by Captaine John Barnard, Captain Nathaniel Barnard, Captain Samuel Ash, and payd for Powder, Match, and Bullet, expended by them, all which cost him above three thousand pounds.

3. That at the same time he raised, armed, and payd Dragooneirs and Musqueteirs which he sent into Wiltshire for the assistance of Sir Edw. Hungerford, and safty of that County which cost 200 l.

4. That he assisted Sir. William Waller and Mr. Nathaniel Fines when they were in the West, both with his purse and credit for very great [Page] summs, and that there is still owing upon Mr. Fines accompt for money disbursed by him, and others, for which Collonel Nathaniel Fines, and himself stand yet engaged for payment, and is 2200 l.

That upon the advance of the first 50000 l. sent into Scotland he lent and payd in at Gouldsmiths Hall 1100 l. and hath since engaged his bond for many thousands more there, and although he hath been an Instrument for the raising of aboue 300000 l. at that Committee, yet did never allow himself any part therof, nor any consideration for the forbearance but have lent the same for neer three yeares time.

That when the Earle of Bedford came into the West he became bound with some others members of this House Mr. Denzill Hollis and Mr. Alexander Popham for the repayment of 2500 l. unto Sir. John Horner, Alderman Cuning, Mr. Woodward, and Mr. Young, Citizens of Bristol, all which monies is yet unpaid and he daily called upon for the payment therof, which monies were borrowed then for your service. All which loan, Disbursments and Engagments amount unto 9400l. principall money and the Consideration allowed for so much therof as was lent upon your Ordinances (which promiseth that allowance) makes the summe to be 10920 l.

In Consideration of the Premises, and because your many Ordinances and Declarations have assured the repayment of all those disbursments and engagments aforementioned, out of the Estates, and Compositions of Delinquents, and many men have obtained the same Iustice from you already, as also somewhat towards the repayre of their Losses and Damages sustained by the Enemy, your Petitioner having lost the greatest part of his personall Estate, and three whole years Revenew of his Lands, by the Plunder and cruelty of the said Enemy.

May it therfore please you to order, that the severall Fines and Compositions of Mr. John Coventry, Sir Edward Moseley, and Sir John Stawell Knight, be allowed and assigned unto your Petitioner, for the re-payment and satisfaction of those Disbursements and Engagements aforesaid, amounting to 10920 l. And that if any overplus happen to be, when the said Fines and Compositions are ascertained, and the monyes secured, the same be reported to this House, and applyed towards the repayre of your Petitioners Losses and Damages or other wise disposed of as this House shall think fit and appoint.

Hen: Scobell, Clerk of the Parliament.

§

Die Veneris 17. Julij 1646.

ORdered by the Commons assembled in Parliament, That the severall Fines and Compositions of Sir Edward Mosely Sir John Stawell and Mr. John Coventry, shall be allowed and are Assigned unto Mr. John Ash a member of this House, for the satisfaction, and discharge of the severall Disbursments and Ingagments for the service of [Page] the State, and now presented unto the House, amounting to the summ of 10920. and the moneys lent by himself, and others for the Service of the State, for which Mr. Holles, Mr. Fines, and Mr. Alex: Popham, together with Mr. Ash stand engaged, shall be paid with the first, and the Engagements Discharged. And when the said Fines, and Compositions shall be ascertained and the moneys secured, if any overplus happen to be, after all the said Disbursments and Ingagements be satisfied and discharged, that then the same shall be reported to this House, and if the House think fit, applyed for, and towards the repayre of Mr. Ashes Losses and Damages, or otherwise disposed of as this House upon the said report shall order and appoint, and the Treasurers of Goldsmiths-Hall are hereby ordered to pay the said monyes to Mr. John Ash accordingly, whose acquittance shall be their sufficient discharge for the same.

Hen: Scobel Cler: Parliamenti.

NOw Mr. Ash having thus begged my Composition, together with that of those other gentlemen, which were set sometime before,This appears by Mr. Baylies certificate. and amounted unto the summe of 8000 l. and being to receive the overplus that should arise upon the whole in respect of his pretended Losses, being willing (as it seemes) to improue this grant of theirs unto the best advantage he could possibly make of it, and therfore knowing, that if I were admitted to my Composition upon the Articles of Exeter, my fine was not to exceed 2. years value (wch holding not a proportion with his covetous desires) takes a resolution, contrary unto his former professions of freindship towards me, and duty to the Parliament who had intrusted him with making Compositions upon Articles, to obstruct mine when I should tender it, and (being Chairman of the Committee at Goldsmiths-Hall) cause me to be so represented to the Parliament, that if I were returned by them to make a Composition with the said Committee, I should be ordered to make it, for some crime which he resolved to fasten on me, as well as in relation to my Articles at two years value, and if this project took not, then to bring me to a tryall for my life, either as a spy by martiall Law, or otherwise for Acts by me done, relating to the unhappy differences between the late King and the Parliament; and for which, by my Articles I was no wayes accountable, that so upon the losse of my life, and confiscation of my Estate upon which my Composition would rest) he might in liew therof be his own carver.

In pursuance of this designe, Mr. Ash having notice by me of the time, when I intended to prefer my Petition to be admitted to my Composition, notwithstanding his professions of befreinding me therin, takes occasion to misinforme the Committee, (before he caused me to be called before them) that I was a great enemy, had [Page]rais'd Armes against the Parlaimt & drawn the first bloud in the West of England, that my Petition was not valid, that I acknowledged no delinquency, and had not taken the negative Oath, & Covenant, wherby in stead of furthering my busines (as he had undertaken, and I expected) he so exasperated the Committee against me, before I had Presented my self before them, that they were resolved to show me no favour but give me time untill my Articles were out, that so they might deale with me the better: all which appears by the examinations of Sir Anthony Irby, and Sir David Watkins, both of them persons of Honor, and quality, who were then members of the said Committee, which Examinations were taken before a Committee of the late Parliament and follow in these words:

The Examination of Sir Anthony Irby Knight, taken the 16th. of November 1654. before the Committee of Parliament, to whom the Lord Cravens Petition is referred being produced as a witness on the behalf of Sir John Stawell, whose Petition is referred by the Parliament to this Committee.

The examinations of Sir Anth. Irby and Sir David Watkins:WHo sayth, that he was one of the Committee for Compounding sitting at Goldsmiths-Hall, and was present there when Sir Iohn Stawell did preferre his Petition to compound, and sayth, that the same was so preferred within the time limitted by the Articles of Exeter, as appeared by the passe of Sir Thomas Fairfax, and sayth, that the said Petition was read at the board, but something therin was disliked; for Sir Iohn Stawell did not acknowledg his delinquency, nor would he take the Covenant, and Negative Oath; And further sayth, that Sir Iohn Stawell did not behave himself misbecomingly, as this Deponent conceiveth, onely did insist upon the Articles of Exeter, and said that by them he was to be admitted to Composition, and he this Examinant took no exceptions at his carriage. And sayth, that in those times there was want of money, and it was his opinion, that Sir Iohn Stawell ought to compound.

And further saith, that at that time this Examinant did not know of any body that was about to buy any part of Sir Iohn Stawells Estate. but sayth that about two, or three years agoe (as he remembers) he was at Sir Abraham Williams his house, being about the time of Sir Iohn Stawells tryall for his life, or presently after, (as he remembreth) and there he met Sir Edward Baynton, and enquired of him the reason of the prosecution of Sir John Stawell, and Sir Edw: Baynton then told this Examinant that there was a Gentleman who would have bought a Mannor of Sir John Stawells in Somersetshire or Wiltshire (he cannot tell whether) and that he the said Sir Edward Baynton had some interest in part of it, and had offerred, if Sir John Stawell would sell his part, he also would sell his other part; but said that afterwards he was sorry for that offer, because he conceithat was the Originall of Sir John Stawells troubles.

[Page]And this Examinant further sayth that, Sir Iohn Stawell came punctually within the time limitted by his Articles; for that the Committee for compounding gave him a time to appear after the date of the time given by the said Articles, on purpose that the Committee might shew him no favour when the time given by the Articles was out. And sayth, that Sir Edward Baynton told him this Examinant that the person who would buy the said Mannor was Mr. John Ash.

And this Examinant further sayth, that one of the members of that Committee being the Chair-man, told the Committee that Sir Iohn Stawell was without with a Petition, but said, the same was failing in many Circumstances. And sayth, that after the case then in debate was ended (which was one Berkleys as this Deponent now remembers) Sir Iohn Stawell was called in, and this Examinant being now demanded whether Sir Iohn Stawell had subscribed not to beare Armes against the Parliament, as was required by his Articles; this Examinant sayth that there was a Committee who sate in Goldsmiths-Hall to take subscriptions, without which (as he remembreth) Delinquents were not to stay within the Lines of Communication, but sayth, that he doth not remember that ever he saw any Certificate that Sir Iohn Stawell had subscribed, not to bear Armes, nor did he ever see the Certificate of any other person to that purpose that came to Compound; and this Examinant further saith, that the Committee had an Order of Parliament not to Compound with any that did not take the Covenant and Negative Oath, which latter the Committee had power to Administer and the same was tendred to Sir Iohn Stawell, but he refused to take it, and said, he was excused by his Articles: And this Examinant further sayth, that it was not then objected against Sir Iohn Stawell, that he had not subscribed the Engagment, not to bear Armes against the Parliament.

Being Cross Examined on the behalf of the Common-Wealth, he sayth.

THat he doth not remember that Sir Iohn Stawell said, the Committee were Traytors or Delinquents, that to his remembrance, They had no Order of Parliament that persons should acknowledg their Delinquency, before they were admitted to Compound; but the Committee made such an Agreement amongst themselves: and saith, That some of the Committee did say, that Sir Iohn Stawells Petition was rather a Remonstrance then a Petition: and saith, That there was no particular of his Estate annexed to his Petition, nor was it ordinary so to doe, but the particular was usually delivered after admission to a Composition: and saith, That Sir Iohn Stawell did refuse the Covenant, and Negative Oath upon account of his Articles; and that the subscription not to beare Armes was not to be made before them, but in another place before they came to them. And sayth, that he was neer Sir Iohn Stawell when he was with the Committee, [Page] but did not hear any particular ill language given by him to the Committee, as he remembreth; but saith, that his Carriage was then as it was usually, not very pleasant, or Courtly.

Sir David Watkins examined at the same time on Sir John Stawells part.

Saith,

THat he was of the Committee for compounding, and was there, when Sir Iohn Stawell came and presented his Petition to the Committee, which was within four moneths from the eighth of April, and saith, that he came in a civill manner, but did not acknowledge his Delinquency, nor would take the Negative Oath, and was refused to be admitted upon that account, and saith, that he doth not remember any Order of Parliament that did forbid them to compound with persons, that did not acknowledge themselves Delinquents, but such as had not taken the Negative Oath and Covenant, and saith, that he saw the Lord Fairfax his Passe, dated in Aprill, and that he doth account four moneths, after the rate of 28 dayes to the moneth, and saith, that he doth not know, that any Certificate was brought to them touching subscription not to bear arms, either in this, or any case of persons compounding upon those Articles, and saith, that Sir Iohn Stawells not subscribing, was not objected against him at that time.

Being crosse examined on the behalf of the Common-wealth, saith.

THat some did say, that Sir Iohn Stawells Petition, was rather a Remonstrance than a Petition; but the title was a Petition, but he had not acknowledged his Delinquency, nor taken the Negative Oath and Covenant, and for that reason, he conceives, it was called a Remonstrance. That the Committee were informed, he had subscribed not to bear arms against the Parliament.

Sir Anthony Irby being Called in, after the company were withdrawn, and asked whether there were any private discourse at the Committee, to Sir John Stawells prejudice.

HE saith, that Sir Iohn Stawell being without the door, the Chairman went out, and on his return told this Examinant, that Sir John Stawell was a great enemy, had raised Arms against the Parliament, drew the first blood in the West of England, that his Petition was not valid, he acknowledged no Delinquency, had not taken the Negative Oath, and saith that the Committee pressed him to it, and upon refusall gave him time, till his Articles were out, because then they knew how to deal with him, and saith that the Committee did not meddle with subscriptions, for that was to be done by a particular Committee separated from them, because that (concerned Delinquents [Page] stay in town: but only to see that they did take the Negative Oath and Covenant; and further sayth, that the second day that Sir Iohn Stawell appeared, Mr. Stephens was in the Chair, as he remembers.

My Composition being thus foyled when I first tendered it, and the Committee disaffected to me by the misinformation, and covert practices of Mr. Ash, I who was ignorant of his designs, (and took him for my freind, as he professed himself to me in publique) expected that the Committee, after they had considered that I was by my Articles excused from taking the Negative Oath and Covenant (which was the only cause for which they had refused me:) when they had better considered of the Articles, would again have called for m [...] and given me leave to prosecute the same; and I was herein the more confirmed, because I saw that by the Articles I was not limited to any time wherin I was to make my Composition, but was to be admitted therunto when I should tender it, and therefore I did hold my self assured, that the Committee who had perceived my readines to Compound by the early tender of my Petition, would not have looked upon me as a refractory person, or have made use of any power to inforce me therunto.

And that I did not herein go upon mistaken grounds, will appear plainly by a solemn Judgment and decree in the Court of Articles given in Mr. Newcourts Case, wherin, the Court, upon consideration of a Certificate made unto them by the Commissioners for Compounding, and of the Articles of Exeter, resolved, that he was to be suffered to make his Composition upon those Articles, though he had not tendered the same till neer 3. years after the date of them, and that the limitation of four moneths did concern only the excepted persons, wherof I was none: The Copy of which Certificate, together with the Judgment and Decree of the said Court, follow in these words.

§

From the Commissioners for Compounding &c. the 10 th. of November 1652.

Gent.

IN pursuance of your Order of the 27 th. of October last, in the Case of Richard Newcourt of Somerton in the County of Somerset, The Certificate and judgement in Mr. Newcourts Case: upon search made in the Books and papers touching Compositions, it appears,

That a Petition was Exhibited the 14 th. of April 1649. in the name of the said Richard Newcourt, confessing that he adhered unto, and assisted the forces raised against the Parliament, for which his Delinquency his Estate was sequestred, and desired to be admitted to Composition, according to the Particular of his Estate annexed to the said Petition. And a Certificate and estimate of his Estate was returned from the late Committee of Somerset the 15 th. of May following, upon all which a Report (according to the usuall manner) was drawn up, and [Page] the Fine set at a sixt, one hundred and twenty pounds, fifteen shillings, no mention being made in the Petition, or any other Paper touching Exeter Articles. But on the 26th. of March, 1651. the said Richard Newcourt having obtained your Order of Reference hither, the 26th. of November, 1649. he again Petitioned, desiring to be admitted to his Composition upon the said Articles, alledging that he was comprised in them, and that one Mr. Smith his Sollicitor, entred his former composition, without mentioning the said Articles contrary to his knowledge. Vpon hearing of which Petition the result was, that no Order could be given here in the case. And the Fine being still unpaid, the Estate continues under Sequestration, as by Copies of the sayd severall proceedings hereunto annexed appears.

Jo: Leech Regist.

A true Copy

Tracy Pauncefote Regist.

§

Exchecquer Chamber Westminster, Wednesday the 22th. of December 1652.

By the Commissioners for releif, upon Articles of War.

UPon full hearing of the Cause depending in this Court upon the Petition of Ri: Newcourt of Somerton in the County of Somerset Gent. in presence of the Councill for the Common-wealth, who were also fully heard therin: And upon consideration of the matter of complaint of the said Richard Newcourt, and of the Evidence produced on his behalf. It appearing unto this Court, that the said Richard Newcourt was comprised in the Articles made at the Surrender of the Garrison of Exeter, and confirmed by Parliament: By virtue wherof all persons included therin, and not excepted, were to be admitted to Composition, according to the rates and proportions therin set down, without any limitation of time; And there being no proof before this Court, nor any suggestion therof, that the said Richard Newcourt had taken up Armes, or otherwise engaged himself in open hostility or secret counsell against the Parliament, since the said Articles granted, wherby he might have lost or forfeited the benefit therof. The Court upon full debate of the whole matter, and upon consideration of the Acts of Parliament, by which they are constituted, and of the power and trust therby committed to them; Do award, order and adjudge that the said Richard Newcourt be admitted to compound for his Estate Reall and Personall, according to the said Articles of Exeter. And the Commissioners authorized by Parliament to compound with Delinquents, are desired to take notice hereof, and to admit the said Richard Newcourt to his Composition according to the said Articles.

§

A true Copy.

T. Pauncefote Regist.

[Page]But whilst (upon the consideration of the right which belonged unto me) I spent some dayes in London, Mr Ash upon the 30th. of Iuly following, acquaints the Committee at Goldsmiths-Hall with the Order which (as I formerly related) was given by the House for his receipt of my fine together with that of Sir Edward Mosely's, and Mr. Coventry's and procures from them an Order unto the Treasurers to pay the same accordingly, in pursuance wherof he received 10434 l. in satisfaction of those Disbursments and Engagements mentioned in his afore-recited Petition, and in his Pamphlet declared not to be fully satisfied, but that himself, together with the other Gentlemen before mentioned, have and will suffer very much, in case the Parliament do not discharge those Obligations still in force. The particular of which Receipts is evidenced by the Order of that Committee, and the account of the then Treasurers of Goldsmiths-Hall hereafter following.

§

Goldsmiths Hall London. At the Committee for compounding with Delinquents, the 30th of July, 1646.

ACcording to an Order of the House of Commons assembled in Parliament, of the seventeenth of this instant July, directed to this Committee, whereby the severall Fines and Compositions of Sir Edward Mosely, Sir Iohn Stawel, and Mr. Iohn Coventry, are allowed and assigned unto Mr. Iohn Ash, The Order of the Committee for Mr. Ash his receipt of the Fines. a Member of the House of Commons, for the satisfaction and discharge of the severall disbursments and engagements for the service of the State, amounting to the summe of ten thousand nine hundred and twenty pound, and the monies lent by him for the Service of the State; for which Mr. Hollis, Mr. Fines, and Mr. Alexander Popham, together with Mr. Ash, stand engaged, and by the said Order are to be paid with the first, and the engagements discharged. It is this day ordered, that Mr. Richard Waring, and Mr. Michael Herring, Treasurers of this Committee are hereby desired, and by the said Order of the House of Commons ordered, to pay the said monies unto the said Mr. Iohn Ash out of the monies that shall come into the treasury for the said severall Fines, and these together with Mr. Ash his acquittance, shall be to the said Treasurers, a sufficient discharge.

David Watkins.

Richard Bateman.

Ier. Alexander.

Anthony Irby.

Samuell Moyer.

Ch. Pack.

§

REceived of the Treasurers within mentioned this 7th of October, 1646. the summe of two thousand pounds,The Treasurers account. being the moity of Mr. Iohn Couentry, his Composition, and in Pursuance [Page] of this within written Order, I say received in part, 2000.l.

Iohn Ash.

Received more in pursuance of this within written Order, this 16th of November, 1646. two thousand four hundred pounds, 2400 l.

Iohn Ash.

Received this 12th of November 1647. in further payment, one thousand pounds, I say received 1000 l.

Iohn Ash.

Received of the Treasurers, this 4th of March 1647. in further payment of this within written Order, the summe of two thousand pounds, I say, 2000 l.

Iohn Ash.

Received this 8th of October 1648. in further payment of this within written Order, two thousand eight hundred thirty five pounds, I say, 2835 l.

Iohn Ash.

Received this 9th. of November, 1648. in further payment, one hundred ninety nine pounds, 0199./10434 l.

Iohn Ash.

§

The before written, are true Copies of the Originall Order and Receipts theron Endorsed. And in pursuance of which said Order, we Richard Waringe and Michael Herring, late Treasurers at Goldsmiths-Hall, have towards the within mentioned summ of ten thousand nine hundred and twenty pounds, only paid as before appeareth, the summe of ten thousand four hundred thirty four pounds, so there remaineth unpaid by us the summ of four hundred eighty six pounds. In testimony wherof we have hereunto set our hands this sixth of January, 1654.

Examined by John Bateman. Richard Waringe. Michaell Herring.

Now Mr. Ash having, as it appears, received so great a summ of money upon these Orders of the Parliament and the Committee, I shall here make a short digression, and pray the Reader to observe.

Monies demanded by Mr. Ash, which he never paid. First, the falseness of his demands made of the moneys pretended by him to be lent and paid towards the Service of the Common-wealth, which was the ground of his Receipt therof, which thus appears.

The charge brought in by him doth rest on severall particulars, some of which are to be taken only on his own Credit, being of moneys he pretends to have expended in the Service of the Parliament, and others which he alledgeth were by him lent and paid in at the Guild-Hall and Goldsmiths-Hall.

The truth of those which depend upon his own word, cannot be here examined by me; in regard they are put down generally [Page] in a grosse sum, not descending to particulars, and it is a maxime, Dolosus versatur in generalibus.

But we may guesse how justly he hath dealt in that part of his Charge, by what appears touching the summs pretended, to have been lent, and paid in by him unto the Treasurers of Guild-hall, and Gold-Smiths-Hall, which are, First, To the Guild-hall by ten pounds per week, for twenty weeks 200 l. and by money borrowed of his father 200 l. in all 400 l. and into Goldsmiths-Hall, upon the coming in of the Scots, 1100 l. these sums being 1500 l. principal debt, together with the use of them, are cast up in the totall of the debt demanded by him; whereas in truth, he never lent or paid in of these, more than 70 l. for seven weeks of the 200 l. for twenty weeks demanded, and 50 l. of the 2 [...]0 l. more demanded, as money borrowed from his father, amounting unto 120. l. and 500 l. uopn the Scots coming in, for which he demands 1100 l. principall, as appears by these two Certificates, from the several Officers there, which follow in these words.

§

Joh. Ash of Freshford, Esquire, a member of the House of Commons.

BY money received of him,

50 l. 0.s. 0.d.

1642. 13. July.

By money received of him for seven weeks, ending the 28. October,

70.l. 0.s. 0.d.

1642. November 2 [...]

Entred in libro primo Mo. Fol. 4.

120. l. 0. s. [...]d.

Examined Jos. Watmough.

§

UPon Search made in the generall accompt Book of monies paid into the Treasury at Gold Smiths-Hall London, for advance of the Scots Army, under the Command of the Earl of Leven; I find that John Ash Esquire, paid into the Treasury aforesaid, the 24th day of October, 1643. the summ of 500 l. (and no more) towards the monies appointed by Ordinance of Parliament, to be raised by way of Loan, for maintenance of the Scots Army aforesaid, which at the request of Edward Toll is certified this 14th day of April 1655. by 500. l. onely paid,

Joh. Bateman, Clerk to M. Rich. Waring and Mr. Mich. Herring, late Treasurers at Gold-smiths Hall.

By these it is most manifest, that Mr. Ash hath brought in an Overcharge more then he disbursed for the Common-wealths use the sum of 820 l. principall, besides the interest which was allowed for these debts, since the time he pretends they were first lent; and certainly, if Mr. Ash hath had the boldness to cheat the Parliament so grosly in the sums which rested of Record upon the Treasurers Accompts; we may conclude, he hath in probability abused them much more shamefully in those wherein hee was his own Carver, and could not be disproved by any, because he gave not in the Particulars, or Vouchers for them.

And Secondly, how dishonestly, unjustly, and injuriously hee hath dealt with the Parliament, these Gentlemen, and my self in [Page] the receiving and disposing of it; and First, as for the Parliament, he was authorised by their warrant, to receive the summes arising by our Compositions, when they should be ascertained and paid in, but Mr. Ash hath by the colour of that Order received not onely 8000 l. which was the summe to which the Compositions of Mr. Coventry, and Sir Edward Moseley did amount unto, but also 2434 l. more towards my Composition, whereas hee hindred mee himselfe from making of it, and by this mean [...] he did unwarrantably possess himself, and very unhandsomly borrow so much mony belonging to the publique, contrary to their intention and his Duty.

Thirdly, The Parliament was moved to grant our Compositions to Mr. Ash, principally for the discharge of those Engagements, wherein he was entred into, together with Colonell Nathaniel Fines, Colonell Alexander Popham, Colonell Hollis, and others. These Gentlemen were then Members of the House, and expecting to be freed by the assigning of these monies to him, did surely very much assist him in the procuring of that Order, by themselves and by their freinds, when his Petition was read, and these Engagements were by the Order appointed to be paid out of the First monies that should come unto his hands, but Mr. Ash took so little Care to observe common Honesty and Justice towards the Parliament, or those Gentlemen, that notwithstanding those Engagements, as appears by his Petition, amounted but unto 4700 l. and that he hath received (as I have shewed already) above 10000l. upon this account; being much more then was due unto him for the discharge, not only of those Engagements, but also of all other summs, which he had really lent and paid in unto the publick use, yet he hath not discharged those Obligations, but they remain still in force against those Gentlemen, as it appears both by his own Confession, in his Pamphlet, and a late Petition preferred against him by Colonel Popham, which followes in these words.

§

To his Highness the Lord Protector of the Common Wealth of England, Scotland, and Ireland,The Humble Petition of Col. Alexander Popham.

Sheweth,

Colonell Popham's Petition.THat by an Order of Parliament, made the 17th. of July 1646. the several Fines and Compositions of Sir Edward Moseley, Sir John Stawell, and Mr. John Coventry were assigned unto Mr. John Ash, a Member of the late Parliament, for severall Engagements for the Service of the State, heretofore presented to the House, amounting to 10920 l. lent by himself and others, and secured by Mr. Hollis, Mr. Nathaniel Fines, your Petitioner, and the said Mr. Ash, which said sum of 10920 l. was by that Order to be first paid, and the Engagements discharged, as thereby appears.

That Mr. Ash hath received 10434 l. appears under the hand of Mr [Page] Michael Herring, a Receiver at Goldsmiths Hall, and yet your Petitioner hath paid part of the Debts, for satisfaction of which, the said 10434 l. was received, and the said Mr. Ash forbeareth to re-imburse to your Petitioner, or to account for the said money by him received, and your Petitioner with others, is also sued for 1000 l. more, borrowed for the Service of the State of one Mr. Chetwind, then Chamberlain of the Citty of Bristoll.

Wherefore your Petitioner humbly prayeth, that in regard the money in question was borrowed for the Service of the State, and the matters have been transacted by Orders of Parliament hereunto annexed, whereof (being now dissolved) your Petitioner can have no fruit, your Highness would please to order Mr. Ash to declare what payments he hath made out of the said sum by him received, when, and to whom, and what remains in his hands, and that out of such Remainder (if any be) your Petitioners disbursments may be satisfied, or he with the others discharged from the trouble and prosecutions under which they now suffer, by such other meanes of satisfaction of the said debts, as to your Highness in Equity and Iustice shall seem meet.

And your Petitioner shall pray.

So that herein he hath very much falsified the Trust the Parliament reposed in him, in relation to their honour, in not discharging those Obligations, having received money to perform it with a great overplus; and much abused and prejudiced those Honourable persons, whose Indempnity and discharge, the Parliament did principally respect, and made his request for so much as concerned himself much the easier.

And Fourthly, He hath been very injurious to me, denying to admit me to my Composition, notwithstanding, that upon his own Petition, the Parliament had ordered me to make it. And that he hath received no lesse than 2434 l. upon the account of my Composition, his Order not extending unto the same.

Having made this Observation by the way, I shall now proceed, and let the Reader know Mr. Ashes further progresse in the wrongs wherewith I charge him.

Having thus settled his interest in my Composition,Here begins the relation of the false Record entred the 4th. of August. he took notice of an Ordinance of Parliament, of the 13th of November 1645. whereby all persons, who should come out of the enemies Quarters, were required to make their appearance before a Committee appointed to enter their names, and take an account of their abode, and condition, upon pain of being proceeded against, as spies by martiall Law (which Committee did also sit at GoldSmiths-Hall, but were a distinct Committee, from those who were appointed to Compound with Delinquents) Mr. Ash (not considering that this Ordinance extended not to such, as came in upon the Articles of Exeter, who were onely to appeare and make their subscriptions before the Committee at the Guild-Hall, who were by the Ordinance of the second of Iuly, 1646 before recited particularly appointed to receive them, but finding I had not appeared [Page] before the Committee at Gold smiths-Hall, according to the Ordinance of the 13th of November 1645. an Order or warrant was entred, and made a Record by Mr. Leech then Clark to the Committee for compounding,This is certified by Mr. Bayly. Mr. Ash being then present, without the knowledge or consent of divers Members of that Committee, thereby suggesting that I had not appeared either before the said Committee, or any other Committee of Parliament, notwithstanding the time appointed by the Articles of Exeter, to which I pretended, was expired, commanding me on Thursday following to appear before them to answer my contempt, which warrant or Order followeth in these words.

§

Gold Smiths-Hall, London. At the Committee for Compounding, 4. Aug. 1646.

The Record of the 4th of August.WHereas by Ordinance of Parliament, of the 13th of November, there was a Committee appointed to enter the names of all such persons as should come out of the Enemies Quarters, and to take an account of their condition, and abode, and by the same Ordinance all such persons were required to make their appearance before the said Committee accordingly. Now forasmuch as you have neglected to make your appearance to the said Committee, or to any other Committee of Parliament, notwithstanding the time allowed by the Articles of Exon. (upon which you pretend to come in) expired. These are to require you to attend, this Committee on Thursday next, at four of the clock, there to answer your contempt, and give an account of what you have done in obedience to the said Ordinance, or in pursuance of those Articles, and hereof you are not to fail at your peril.

To Sir Iohn Stawell Knight.

A true Copy,

Sept. 6. 1654.

T. Bayly.

THis Record being entred (Mr. Ash before whom, as he very well knows I had formerly appeared, and to whom I had delivered my Petition to compound as aforesaid, and who was besides informed, that I had made my Subscription as appeares by the Examination of Sir David Watkins) was never served upon me, but kept to lye as a convincing proofe against me, when I should be after called to question, either for my life, as a spy, or otherwise that I had never tendred my Petition to be admitted unto Composition before the Committee at Gold-Smiths Hall, nor performed any thing required of me in pursuance of my Articles, and accordingly this use was made of it upon my Tryall at the High Court of Justice, where I had been Infallibly condemned upon it, had not God blessed me with the presence and Testimony of Sir Henry Berkley, whose business was the next before mine, and who (contrary to the usuall course) was by accident permitted (whilst his Mittimus was making) to remaine in the roome where the Committee sate when I presented my Petition, to prove the falshood of that Record, whereof I shall hereafter take occasion to write more largely.

I was not then acquainted with the entring of that Record, but [Page] on the twelfth of Aug. following, I received a Ticket sent unto me by a Messenger, wherby I was required to appear at Goldsmiths Hal the next day, being the thirteenth, at two of the Clock in the afternoon, at which time I appeared accordingly:My second appearance upon Summons. And well remember, that when I came into the Room where the Committee sate, Mr. Ash had left the Chair to Mr. Iohn Stephens, and then told Mr. Stephens that I had been formerly before them, and preferred a Petition, desiring to be admitted unto my Composition, but that I refused both to confess my Delinquency by my Petition, and to take the Negative Oath and Covenant; And that the Committee had given me time till then to consider of it: Wherupon Mr. Stephens asked me what I did say to it; I made him this answer, That there was nothing in what Mr. Ash had deliverd, which had the nature of a Question to me, but was spoken to inform him who was not there the day before: Wherunto Mr. Stephens replyed, Say you so, then, Sir, by your leave I will put you a short Question; Will you take the Negative Oath and Covenant, or no? To which I answered, That usually, Sir, to a short Question I do return a short Answer, but, Sir, I shall not do so unto you, but make you the same answer which I made unto the Committee the last time I was here: That I have the benefit of the Articles of Exeter, which do exempt me from taking of Oathes, and in regard they are not agreeable to such Oathes as I have formerly taken, I desire to be excused. And this was all that did at that time pass betwixt us: And hereupon they willed me to withdraw; and about half an hour after, two of their Messengers came to me, as I was sitting without the door, and shewed me a Mittimus directed to the Serjeant at Armes, which followeth in these words.

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By the Committee for compounding with Delinquents, &c. 13. Aug. 1646.

WHeras Sir John Stawell, Knight of the Bath, The Mittimus to Ely house. was summoned to appear before this Committee, and there demanded whether he would take the Covenant and Negative Oath, and he absolutely refused to take either of them. These are therfore by virtue of the Ordinances of Parliament of the fifth of April, 1645. and of the first of November, 1645. to require you to take into your Custody the person of the said Sir John Stawell for his said refusall, and him safely to keep, till he conform himself therunto, and for so doing this shall be your Warrant.

To the Serjeant of the House of Commons, or his Deputy.

After I had seen and read the Mittimus and found my self a Prisoner, I desired to speak again with the Committee, and one of the Messengers signifying so much unto them, I was admitted, and spake unto them to this effect.

Gentlemen, I find by your Mittimus that you have made me a Prisoner, I had very little before left me but my liberty, my reall Estate having been under Sequestration for a long time, and my [Page] personall, little more then what you see: As long as I had my liberty, I did communicate my wants unto my Friends, and I have been helpt and releived by them. But now that yon have taken my liberty from me, I desire you to consider of some maintenance that may be necessary for me. Unto which Mr. Stephens made answer, that my request was very just and reasonable, and that there should be consideration had of it: And Mr. Ash told me, that though Mr. Stephens should forget it, he would not; and so with my thanks unto them for that promise I left them: At which severall times both of my first and second coming before them, my behaviour was no otherwise then might beeome a modest man, and persons of their place and quality, as is before testified by Sir Anthony Irby and Sir David Watkins, Gentlemen of honour and worth of the same Committee: Notwithstanding the Committee made this Order.

At the Committee for compounding, &c. 13. of Aug. 1646.

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Goldsmiths Hall.

The Order for the report:SIR John Stawell appeared and refused to take the Negative Oath and Covenant:

Ordered, that Mr. Stephens report his carriage to the House, and that he be committed to the Serjeant at Armes, and Mr. Stephens to report his desire for an allowance of maintenance.

John Leech.

So certified by Mr. Bayley.This being the truth of all that passed in Fact, or that is entred upon Record with the Committee touching my Cause: Yet Mr. Stephens, who (as himself confesseth) was not present when I first appeared before the Committee at Goldsmiths Hall, in short time after makes his report, and therin (without ground of truth or Warrant from the Committee) informs the House that I had sleighted and contemned the Authority of the Parliament, and forfeited their mercy contained in the Articles of Exeter: And this it is most probable he did according to the Instructions of Mr. Ash, as may be easily inferred by Mr. Ashes words to me, when I first tendred my Petition in Mr. Stephens his absence; And the words of his report as they are expressed in Mr. Ashes testimony given to the High Court of Justice under his hand, and is, for so much as concerneth this point, as followeth.

Mr Ashes testimony.That I do not remember the precise words contained in that Paper, which Sir John Stawell then presented to the Committee for his Petition: but I do remember that the Committee did reject the said Paper, telling Sir John Stawell that it was a Remonstrance, not a Petition, wherin he rejected the Parliaments mercy offered him in the Articles, and did put a contempt upon the Authority of the Parliament.

That in short time after Mr. Stephens a Member of that Committee, did report the same unto the House of Commons, and in that Report informed the House that the opinion of that Committee was, that Sir John [Page]Stawell had slighted and contemned the Authority of the present Parliament, and forfeited their mercy contained in the Articles of Exeter.

Iohn Ash:

This is a true Copy Tracy Pauncefote Regist.

So as it is most cleer, that all my wrongs have had their rise from hence: That Mr. Ash by a wilfull mistake interpreted my Petition to be admitted unto a Composition, to be a Remonstrance, contrary uuto the sence and title of it. And Mr. Stephens (by his Instructions) re-ported to the House, that my desiring to be excused from the Negative Oath and Covenant, according to my Articles (which at that very time were approved by the House of Commons) was a refusing of the Parliaments Mercy contained in those Articles, a contempt of their Authority, and a forfeiture of the benefit of the said Articles.

I have here given a true relation of what was acted in my Business until my first Commitment to Ely House by that Committee; And therfore shall desire the Reader to observe how far from truth or probability those particulars are, which Mr. Ash alledgeth to the contrary, and doth premise as fully cleared in a large discourse, which he pretends was written by him, Videlicet,

That although I appeared at Goldsmiths Hall,The things premised by Mr. Ash yet I never intended to compound, and did often declare my resolution to the contrary.

That I did wholly depend upon the late Kings being restored to his power, and upon this confidence neglected my Composition, and refused the benefit of Exeter Articles.

That himself did never hinder my Composition, but did with all reality and faithfulness endeavour to perswade me unto it; yet I refused to follow his advice.

And that all those things I have mentioned in my Remonstrance, touching him, are meer fictions and never heard of, till the Parliament had ordered I should be tryed at the High Court of Justice, and that he should attend there as a witness against me.

For can it fall into the heart of any reasonable man to think,The answer therunto. that I who (notwithstanding all his uncivill censures) had (by his own confession) studiously endeavored to gaine the reputation of a stout and prudent man, after a resolution taken not to compound, but to depend upon the late Kings being restored unto his power, for the re-gaining of my Estate, and after the avowing of this Resolution to Mr. Ash, would on the next day after (not being forced unto it by any necessity, because my tendring of a Composition was not limited (as I have shewed before) to four moneths time, and without any ground or motive which might induce me unto the alteration of that design) qnit the party for whom I professed so highly, and engage my self by a Subscription not to act any thing which might be prejudiciall to the Parliament, and within seven daies after would tender my Petition at Goldsmiths [Page]Hall, to be admitted to a Composition for my Estate, according to the Articles in a voluntary way? Must not the levity and inconstancy of these Actions have made me necessarily forfeit that Reputation, which Mr. Ash acknowledgeth I had with so much study laboured to acquire in all my Actions? And what opinion soever was had of me, can it be thought that Mr. Ash, who conceives himself much injured, if we imagine he should do any thing but what befits a wise judicious man, would on the very next day after his conference with me, have become a Suitor unto the Parliament, to grant him my Composition towards the satisfaction of the Debts wherin he stood engaged, and reparation of his losses by the War; if I had then assured him that I intended not at all to make it, wherby those Debts, Disbursements and Ingagements, must rest unsatisfied, and he for his particular should loose 5000 l. as he affirmeth he hath done by my not compounding?

Is it not certain that he would by making such a suit, have justly merited the censure of a wilfull madness, wherewith he doth endeavour to asperse me by his Pamphlet, which is an Errour, whereof he doth desire the Reader to esteem hee is no way capable? And therefore since I have demonstrated that all those things were really performed by both of us in pursuance of the discourse he had with me at that first visit he was pleased to make me, the Reader must conclude, if he conceive us to be reasonable men, that all the goodly things which he pretends to be fully proved, are meer Fables contrived by Mr. Ash himself, who hath imployed the Height of Malice to invent them, and an Excess of Impudence to publish them. Whereas it is in Truth most evident, that Mr. Ash having understood from me the resolution I had to compound for my Estate, & finding that I conceived the price of Lands were like to fal, by reason of the sale of Dean & Chapters Lands, which I had in the Country heard, were to be sold at ten yeares purchase; Did thereupon put my name into his Petition, and desired the Grant of my Composition, together with that of those other Gentlemen whom I have formerly named for satisfaction of his Engagements and Losses. And this being granted unto him by the Parliament, he took a Resolution to put me off from the right of Composition for his greater benefit, as I have formerly related, and by wicked and foul practises, expose me unto the eminent danger of loosing both my life and my Estate together; For can it be imagined, that Mr. Ash who had made me a visit, and received one from me, and had at both those times engaged himself to befreind me what he could in making my Composition, who had acquainted me when the Committee sate, and promised me his presence to that purpose, would (notwithstanding his Professions of freindship to me, if he had intended to assist me in it, as he pretends he did with all reality) before I had appeared or presented my Petition to the Committee, have spoken to my Disadvantage, and given such a Character of me, that the Committee were all of [Page] them inflamed against me before they saw me? and after when I had admittance, could any man have taken the Petition which I delivered into his hands, the Copy wherof you have already read, to be a Remonstrance, and not a Petition, when there was nothing in it but a Request that I might be admitted to compound according to my Articles wch is the only Formall and Essentiall thing of a Petition, unless he had resolved to obstruct my Composition upon the Articles? And is it not most evident that he was much in liking with this design, when, for the carrying on of it, he took the boldness to cause the Order, or Warrant of the 4. of August to be entred upon Record as an Act of the Committee, without the knowledge or privity of all, or the most part of those of the Committee who were then present, as will be testified by Sir Anthony Irby, and Sir David Watkins, persons of honour and quality, who were both of them Members of the Committee, and are suggested to have been present at the granting of that Order? Especially since the matter of it was, to the knowledge of the Committee, an apparant falshood: And howsoever, could not by possibility have judicially appeared before them, because the Committee appointed to take Subscriptions, was a distinct Committee from them particularly appointed for that purpose, as appears by the examination of Sir Anthony Irby. And since in making of it, they took upon themselves, and did exercise a Jurisdiction no way belonging unto them, they being intrusted by the Parliament to compound with all Delinquents, and were not to enquire who did neglect to make their appearance before them, or any other Committee of Parliament, with whose actions they had no power to intermeddle. And lastly, Since there was no present use made of it, the same not being then, nor at any time after served upon me, but only entred to remain there upon Record, that it might serve as evidence against me, if I were questioned upon the Ordinance of the 13. of Novem: (which that relates to) as a Spy by Martiall Law, or else in any other manner, and therby either fright me out of part of my Estate for preservation of my life, or deprive me of the whole, whensoever he should please to question me; And if he had (as he pretends) given me time to consider whether I would take the Negative Oath and Covenant; in favour of me, would he have signed the Warrant for my Commitment the 12 of August (as Mr. Leech in his examination before the High Court of Justice hath sworn) when my appearance before the Committee at Goldsmiths Hall upon their Summons,Mr. Leeches testimony taken in short hand by order of the High Court of Iustice. was not to be untill the next day after: And when at last I was committed only for refusing to take the Negative Oath and Covenant, which the Committee would have enforced upon me, and I desired to be excused from taking, as a benefit allowed unto me by my Articles: Is it not som [...] thing more then probable, that a desire of compliance with Mr. Ash his private Interest, caused Mr. Stephens in his report unto the House to represent, that my insisting to have the benefit of my Articles allowed unto me (which at that very time the House of Commons had by Vote approved) was a forfeiture of those very Articles wherof I craved the benefit, and a contempt of that Authority which gave a confirmation to them? [Page] And to conclude, is it not plain, that Mr. Ash declared sufficiently what his drift was, in these his covert practises against me; When being brought to the Lobby about nine of the Clock in the morning, I was put into a dark corner by the outermost door, where my two Keepers attending, permitted none to come unto me, but Mr. Ash, who during my stay there, which was betwixt nine, and three in the afternoon, was with me four or five severall times, expecting that the apprehension I should have of my approaching danger, would have made me propose the parting with my Land unto him, to free my self from further trouble. And at his last coming, perceiving that I did not mention it to him, he did himself propose it, and offered to help me to a Chapman who should give 4000 l. for Aubury, being not half the money it had cost me, as I have formerly related in my Remonstrance: To which if I would then have condescended, it is most probable, according to the manner of my close keeping: that I had not been brought unto the Bar, as may be necessarily inferred by what he spake unto Sir Anthony Irby, to whom he came severall times after his coming from me, and told him, that he could not bring me to conformity, and therfore must be brought unto the Bar, which notwithstanding Mr. Ashes confident avowing of the contrary in his Pamphlet, will be testified by Sir Anthony against him.

Who sees not, that all this machination against me is a Chain of Actions, wherin Self-interest, Malice, and breach of Trust are by their complication raised to so high a pitch of wickedness, that they can scarce be matched by any thing; But the dissimulation and craft he used to cheat me out of my Petition at Newgate, when I had nothing else remaining to save either my life, or my Estate from utter ruine and destruction.

But in regard this discourse which passed in private between our selves, being one of those two things which Mr. Ash hath undertaken to answer in his Pamphlet, is denyed by him, and therfore only rests for proof upon our single disagreeing testimonies, I shall desire the Reader to suspend his Judgment touching the truth of our two severall Allegations, untill he hath read my answer unto the other, and then I doubt not but he will perceive how little credit is to be given to Mr. Ashes affirmations, upon which terms I quit the further discussion of this point, observing only these three things to the judicious Reader.

Observations in answer to Mr. Ashes particuars mentioned in his Pamphlet, page 4. and 5. First, That the generall answer he pretends to give in this particular, for proof wherof he doth affirm so boldly, that he hath more then one hundred witnesses, is altogether false. As I shall evidence, when I have given you the substance of that Romance which he so formally delivers, being this.

That when I was brought to the High Court of Justice, Mr. Ash being then present as a Witness, Mr. Attorney Generall was pleased to acquaint the Court, that at my first appearance there, I had cast out some words reflecting upon Mr. Ash, and I had filled the Town with talk of the great matters I would charge him withall, if he appeared in [Page] the Court, and therfore Mr. Attorney prayed, that since he was there present, I might openly declare what it was wherwith I meaned to charge him; That the Court liked the motion, and willed me to speak that which I had to say against him; That I condescended therunto, & then related some headless Stories, and that when I had done, Mr. Attorney told the Court that I had sure much more to say, in regard that which I had now spoken did not reflect at all on Mr. Ash, nor answer the reports about the Town, and therfore pressed me again and again to speak all that I had to say; & when J replyed that J had spoken all, the Lord President spake, letting me know, the Court had with much patience heard me tell a long story, though no way pertinent to the matter before them; the substance being that Mr. Ash advised me to sel my Farm at Aubury, and with that money to pay my Composition. But the Lord President demanded whether he, or any for him, treated with me for buying of it, or whether he discovered a desire to buy the Farm at Aubury: That J answered his Lordship he did not, and therupon the Lord President demanding how the Story could then reflect upon Mr. Ash? J answered, that J beleived Mr. Ash intended to buy the Farm, because he had advised me to sell it.

This is in short the substance of his relation, if at least that may be said to have a substance, which is nothing, only an invention of his own: But Mr. Ash is very just in this particular, and hath not only performed, but is according to the Proverb, better then his word. For having assured me (when I reproached him with his covetousness in the da [...]k corner) that he would deny all that discourse, if I should charge him with it. He hath not only made this good, but hath invented also this formall Story to give a countenance to his denyall; And this J shall most cleerly prove, not by the boldness of an affirmation (as he hath done) but by the undeniable Evidence of the Proceedings in the High Court, where, whatsoever was read or spoken, was taken at first in short-hand by Mr. Pococke, a person authorized therunto, and afterwards written at large for information of that Court; And is by Authority of the Court of Articles, and by consent of Mr. Attorney Generall and my Counsell, admitted as indifferent Evidence.

By this it doth appear, that Mr. Attorney Generall upon the first sitting of the Court, acquainted them that Mr. Ash and Mr. Stephens did both of them appear that day, being the first time that they came to be examined as witnesses in my Cause, and without mentioning any thing in the least kind of what is here affirmed by Mr Ash, desired they might be sworn to give their Evidence, and they were sworn accordingly, and did deliver what they had to say before J spoke at all concerning Mr. Ash his carriage: But when upon my answer to their Evidence, J had in part laid open these his practises against me; Mr. Attorney Generall was then so far from taking notice to the Court that what J spake did not at all answer to the reports about the Town, as that he appealed unto the Court, whether that so much as a word concerning Mr. Ash was spoken before, that he was then present in the Court and gave his Evidence. For proof wherof J shall insert here what was spoken [Page] by Mr. Attorney at the first entring into the business of the day, and what he after urged when they had given their Evidence, and I had made an answer to them, which followes as it is in the aforesaid Record Verbatim thus expressed.The Record in the short-hand Book.

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Wednesday 22. of Ianuary 1650.

THe Cause of meeting this day, my Lord, was, the Parliament on the tryall of Sir John Stawell had especially appointed that Mr. John Ash should be examined in this Cause,Mr. Attor: Gen. he was sent to, but it pleas'd the Lord to lay his hand upon him that he could not appeare; Mr. Stephens likewise, that was a member of the House was then out of Town you were pleased to appoint this day upon this occasion, and Sir John Stawell had timely notice of it, tis upon the speciall Plea, we have done with that of not guilty.

I desire if you please that Mr. Ash and Mr. Stephens may have their Oaths given to them, that they may give in their Evidence what they know of this business of Sir John Stawell.

Mr. Iohn Ash and Mr. Iohn Stephens are sworne.

Mr. Attor. Gen.My Lord if you please J will begin with Mr. Ash.

If you please Mr. Attorney, Let his Plea be read.

Lord President.The Clark reads Sir Iohn Stawells Plea.

1. That he is not lyable to the charge now read against him by the Act appointing his Tryall, being a person admitted to Composition.

2. That by the Articles of Exeter confirmed by Parliament, he ought not to be Questioned for the offences laid to his charge.

Mr. Ash and Mr. Stephens did after this, give in their Evidence against me, to which J answered, and having touched upon this passage together with some other things concerning Mr. Ash his practises against me, Mr. Attorney Generall did then apply himself to the Court and spake as followeth.

Mr. Attor. Gen.

My Lord, I thought that Sir John Stawells own Iudgment would have made use of the liberty given him in a fair way, I appeal to your memories whether any one word of this of Mr. Ash was said before: Now Mr. Ash is here and speaks, that Sir John Stawell thinks goes to the quick, now it is time to revile and scandalize.

And therfore having fully cleered by this Record, how grossely he hath erred in his relation, I leave it to the Readers judgment, what credit is to be given unto him touching discourses passed in private betwixt us, who hath the Impudence to forge and publish this as a thing that passed in publike in the Court; And that he had for proof therof a hundred Witnesses, when as unto a thing that is so evident, there is no doubt but every one of all those Witnesses will upon the reading hereof assent unto the truth of it.

Secondly, That Mr. Ash notwithstanding his impudence to deny the truth, doth yet confess that he did move me to sell Aubury for payment of my Fine, & though he doth deny that he had an intention to buy it, yet it appears by Sir Edward Bayntons discourse unto Sir Anthony Irby mentioned in his Examination aforesaid, that Mr. Ash himself was the person who was to be the Purchaser of that Mannor, which is the substance of that wherewith J charge him.

[Page] And thirdly, That he doth not so much as once alledge among his good advises to me, that he perswaded me unto a Composition according to the Articles of Exeter (that being the thing wherof I was desirous) but to acknowledge my miscarriage at Goldsmiths Hall, where I have shewed already, that I had not at all offended, and therfore could not acknowledge this, or crave the pardon of the House (as Mr. Ash advised me) without confessing of a Crime, wherof I was not guilty, and subjecting my self unto the censure of the House, as a person who had affronted the Committee imployed under them. So as if I had been remitted to Goldsmiths Hall to make a Composition; they must have needs according unto Justice ordered the Committee to have received a Fine from me, not only in relation to my Articles, but also for that pretended contempt of their Authority, which Mr. Ash had a desire I should confess for his own private benefit, for having formerly begg'd my Composition, he was in hope that this might have been super-added unto it, so as this being one of the main things wherwith I charge Mr. Ash, is here acknowledged by him.

But two continue the Naration which I have upon this occasion interrupted: Mr. Ash, after the proposition which he made for purchase of my Land at Aubury, was not above a quarter of an hour gone from me, but I was brought to the Bar where being commanded to kneel, I desired, that before I received any mark of their displeasure, I might know my Offence, wherupon I was committed to Newgate, and these following Resolves, and Orders passed against me.

§

Die Martis 18. Augusti 1646.

Sir John Stawell being brought by the Serjeant to the Barre,Resolves, and votes of the House. and by Mr. 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 speciall 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 virtue of an Order of the House of Commons, These are to require you to receive from the Serjeant at Armes, or his Deputy, the body of Sir John Stawell, Knight of the Bath, into the Prison of Newgate in London, and him there to detain in safe custody as your Prisoner, untill the pleasure of the House be signified to you to the contrary; He being committed for High Treason, [Page] 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 Mr. Palmer. Mr. Walker, Mr. Harrington, Mr. Searl, Sir Thomas Wroth, Mr. Blague, and Collonel Popham, or any two of them do 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 Kingdom of England.

Die Lune 28. Feb. 1647.

ORdered, That Mr. Maynard and Mr. Hill do take care of the Indictment against Sir John Stawell at the next Assises for Somerset:

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Die Mercurij 14. Martij 1648.

REsolved by the Parliament, that Sir John Stawell Knight be proceeded against for life in the Vpper-Bench.

Hen. Scobell Cler. Parliamenti.

The manner how he cheated me out of my Petition.And now having nothing left me to save either Life or Estate, but by way of Petition to make my case knowne unto the Parliament: And having told Mr. 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 Addresse by Petition: Upon this hint of my purpose, Mr. Ash came unto me three or four daies (as I remember) after my Commitment to Newgate: And after that he had expressed, seemingly, a great deale 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 do what possibly lay in his power; & sithence there was nothing more seasonable for me then good advice, hee did earnestly desire me to apply my self very humbly to the Parliament by Petition, I told him that his Advice and my own Resolutions, did very well agree, and that I did intend to do 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 preferre 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 therof, and that if he did not use his utmost endeavours to accomplish so much as I should therin desire, he would give me leave wheresoevr 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 [Page] my purpose to have troubled him with it; but since he had so freindly invited me therunto, he should have it, he prayed mee speedily to draw it, I told him that I would, he told me then hee would come the next morning to me for it, and accordingly he did so; but not liking the Petition, for that I had expressed therin, 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 and Covenant, and therfore 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 Indictments which was the first thing in order to be done, the Assizes being so neer at hand in the Country. Wherupon I sent another Petition to him; which by his Letter written to me he seemed very well to approve of; but yet though I did very often solicite him by my Wife and Freinds, to put him in mind 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.

The humble Petititon of Sir Iohn Stawell, Prisoner in Newgate.

To the Right Honorable, the Commons assembled in Parliament.

WHereas your Petitioner by Command lately attended this Honorable House, and being brought to the Barr, was enjoyned to kneel, which your Petitioner forbore to doe, not out 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 that he hath committed an Error, for which he holds himself obliged to make an humble acknowledgment, and by this Petition to crave a favourable interpretation of his offence.

Your Petitioner humbly begs your pardon, being very sorry hee hath given you so just cause of displeasure, and shall account it (in these his sad misfortunes) a very great happinesse to be restored to a capacity of your favours, and that you would not looke back upon what he praies may be forgotten, but bee pleased in the midst of Iudgement to remember mercy.

And your Petitioner shall pray, &c. Iohn Stawell.

[Page]This is verbatim what I have published in my Remonstrance, touching Mr. Ash his receipt, & keeping back of my Petition, & this is the main thing at which he takes exceptions in his Pamphlet, where with a more than ordinary confidence, he doth affirm, that there is not one line of truth in my relation, and that hee hath himself severall Witnesses to prove the falshood of it; and therfore I shall here set down the story he hath framed in answer unto this particular, and shall by undeniable proofes and arguments shew it to be a meer falshood of his own contrivance and invention, the same being in effect thus.

Mr. Ash his relation touching the Petition.That about three or foure dayes after my Committall to Newgate, my wife came to the house of Mr: Edward Ash about nine or ten of the clock at night, and desired to speak with him from me, intreating him to come unto me, & that at length not without great importunity and solicitation on her part, shee did prevaile with him to go thither.

That when he came, I desired of him to deliver a Petition or make a motion unto the Parliament in my behalfe, that I might be removed to another Prison, and that he would nominate the Tower for that purpose, that he desired to be excused in that; but councelled me to preferre a petition to the Parliament wherein I should acknowledge my That my Fine which he begged, might be increased above what my Articles required upon my remittall to Goldsmiths Hall. miscarryages (as he is pleased to term them) at Goldsmiths-Hall, and at the Parliament, and crave pardon for the same, & that the prayer of my Peon should be, to be remitted to Goldsmiths-Hall, and receive the benefit of Exeter Articles.

That I refused this advice, and only prayed him to present a short Petition to the Parliament for my removall out of Newgate, and that I undertook the danger of this Petition my self, since it would be my fault, not his.

That he at ast undertook the delivery of this short Petition, so as he might have a sight of the foule Copy to correct, which J sent him the next day; but hee disliked it, and was inforc't with his own pen to correct the greatest part of it, but J not liking that, sent him another Petition of my own drawing, which hee likewise disliked, but after severall amendments took, and attended severall days to deliver, but being forced to go into the Country about his occasions, some sixteen days after hee had received my Petition,He got his own Petition answered the first day it was offered. for so long, and no longer, he saies, he had my Petition in his Custody, sent his Letter to me to give me notice of it, and desiring my directions into whose hands he should put it, whilst he was absent,

That having sent this Letter to mee in Newgate, I returned my thanks for his care, wishing him a good journey into the Countrey, and directed him to leave it in the hands of Mr. Denzell Hollis, or Sir Phillp Stapleton.

That the next morning he went something early to the House, where he met happily with Mr. Hollis, who was in private discourse with another Gentleman, but Mr. Ash somthing uncivilly interrupted him, told him [Page] that I presented my respects to him, and had sent him a Petition, which I desired might by his hand be presented unto the House, which Mr. Hollis took, and put into his pocket, and promised to take care of it; and Mr. Ash saith, That at his coming home, he wrote unto me to inform me of this, and advised mee to imploy some friend to Mr. Hollis to mind him of it, unto which Letter I returned him an answer by one of mine,Pray let this be compared with his Letter that followes. thanking him for having lodged my Petition in so worthy a hand, promising to observe his advice, and wishing him a happy journey into the Country, and a safe Returne.

That he went into the Country, and returned againe about three weeks after, and when he met with Mr. Hollis, asked him what he had done with my Petition,Pray compare this with Mr. Hollis his Letter, and my Petition proved by Mr. Basset hereafter mentioned. That Mr. Hollis told him it was such a one, as would, if it had been delivered, have more incensed the House against me, in regard I desired nothing by it, but my removall to a better prison, and Mr. Ash asking where the Petition was, Mr. Hollis told him, he had sent it back to me with this direction, that I should draw another, humbly acknowledging my miscarriages, craving pardon for them, and desiring to be remitted unto Goldsmiths Hall to make my Composition, and to receive the benefit of Exeter Articles, and further letting me know, that if I would send him such a Petition, he would not only deliver it himself, but engage all his freinds, that my desires should be granted: That Mr. Ash demanding of him whether I had taken his advice, He replied no, adding withall, that I was certainly either mad, or had lost my wits, I was so obstinate; upon which Mr. Ash said, that had been also his advice, and of some others of his freinds, but I rejected their Councills, and he concludes with an affirmation that hee never received other Petition from me, then that which hee hath mentioned.

This is the substance of the Narrative, which Mr. Ash hath in his Pamphlet published, as an answer to this passage in my Remonstrance and this he doth affirm,The answer to Mr. Ashes Relation touching the Petition. the Witnesses (if called) will make good; so as upon the Truth hereof, he builds the Credit he would have the Reader give unto those other things which passed in private discourse between my self, and Mr. Ash. I shall therefore examine the Truth of all these Allegations, and having shewed the Manifest Vntruth and Falshood of them, I doubt not but the Reader will find great cause to wonder at his confidence, in publishing this story of his own invention, the falshood whereof is not only notoriously known to himselfe, but will be also clearly evidenced unto the Reader by that, which followes.

And first, whereas he doth alledge that he came to me upon the earnest desire, and solicitation of my wife at nine or ten a Clock at night; I shall desire the Reader to observe the want of Ingenuity there is in Mr. Ashes relation, notwithstanding his profession of an exact truth & plainess; For I affirme with confidence, that Mr. Ash did, as I have before alleadged, come of himself unsent for by me, about three a Clock in the afternoon, within three or four dayes after I was committed to Newgate, and did Officiously, (or debasedly as he would have it by his [Page] Pamphlet) Court me to have the honour (as I have said in my Remonstrance) to preferre my Petition for me: And this passage which he relates with so much Circumstance, as the first time when he came to me, was not till some time after he had been with me, received my Petition, and pretended to waite an opportunity for the presenting of it; Now the occasion upon which Mr. Ash was by my wife desired, to come into the Prison to me at that late hour, was onely this; My eldest Son Iohn Stawell, lay then sick in Bathe, and being in Arrear for his expences in Dyet and Physick, she had received a Letter from Mr Boyse at whose house he lay, wherby he let her know, that unless 50. or 60 l. (as I remember) were speedily sent unto him for discharge of those scores, he would not entertain him longer, but would remove him thence into the Country, where he could not have that conveniency for such remedies to recover him as were then used about him: Now my Wife having received this Letter, unwilling to loose time, did with the tender care of a Mother on behalf of her Son, importune Mr. Ash to come unto me, without acquainting either me, or Mr. Ash with the occasion, for which she desired his coming to confer with me, untill she brought us both together, and then she did acquaint us with the Letter which Mr. Ash did read as well as my self, and earnestly desired the furtherance and assistance of Mr. Ash for the procuring of that Summ from the Parliament by his means, upon this urgent and extream necessity: My Estate being then, and long before totally sequestred, nothing let us, and no allowance at that time set forth either to wife or Children: I joyned with her in this request, and Mr. Ash did promise us to use his best endeavour in it: But whether it were that he did move in it and could not prevail, or that he never stirred in it according to his promise; The success was, that the money being not procured in time, he was removed thence into the Country, to the great prejudice of his health, considering his weak and languishing condition; And this was the only business, which at that time was treated of between us: So as I cannot but admire his boldness in framing and divulging of this Story to mislead the Reader, by making him beleive it was then, that J engaged him to undertake the presenting of my Petition, which, before that time he had received from me, contrary to truth and his own knowledge.

Now, wheras he pretends that the Petition which I sent him, was only for my removall unto a better Prison, and that he did himself amend the first I drew in many places with his Pen, this is so impudent a falsehood, that it is wonderfull with what face he can alledge it. I have the individuall paper in my custody, not corrected or interlined at all by him, or any other, and that was drawn according to my own sense, it being to inform the House, that I was comprised within the Articles of Exeter, and to desire my enlargement, and to be remitted to Goldsmiths Hall to make my Composition there, according to my Articles: The Copy wherof follows in these words.

[Page]

To the Honorable the Commons Assembled in Parliament, The Humble Petition of Sir John Stawel,

Sheweth,

THat your Petitioner being comprised within the Articles of Exeter, The copy of my Petition that Mr. Ashe disliked. hath, according to your Order of the second of Iuly last, subscribed before the Committee of the Militia of London, not to bear Arms, or act against you, remaining in your Quarters, and as by the said Articles is required.

That he hath preferred his Petition to the Committee of Goldsmiths-hall to be admitted to his Composition, but was rejected, for that he refused to take the negative Oath and Covenant, from both which by his said Articles he is expresly exempted.

It is his humble sute, That you will be pleased to grant him his Liberty, having some time patiently undergone the sense of your displeasures in Newgate; And that he may be remitted to prosecute his Composition, to which he hath formerly submitted, without taking of Oaths, or other Impositions not agreeable to his Articles.

And your Petitioner shall ever pray, &c.

But Mr. Ashe coming unto me when I had drawn it (as I have said before) disliked with this Petition, and would have had me make one to acknowledg my miscarriages at Goldsmiths-Hall, indeed, because he would by my confession, have justified his own Miscarriage there, in denying me the benefit of my Articles; And unto this I could not condescend, without incurring the just displeasure of the House, in acknowledging a Crime, whereof I was not guilty, contrary to truth, and the benefit allowed unto me by my Articles. His next advice was, as I have set down before, to desire their excuse for my not kneeling, which I did by the Petition, whereof I have before set down the copy, and that was well approved by Mr. Ashe, as appears by his Letter sent unto me upon the receipt thereof, which Letter followeth in these words,

Worthy Sir,

I Have now received yours,Mr. Ashes first Letter. and the inclosed, which I cannot dislike, as to the matter for which it is intended; my indeavors shall not be wanting to do you service; and the House shall check the greatest impudency that ever possessed me, if it be not to morrow presented to their view; If I fail in my intentions, and frustrate both your and my expectations, do not blame me but my fate; for I shall struggle hard before I receive a denial. I [Page] shall meet Sir Iohn Bamfield this evening, at Supper in the Temple, with Mr. Prideux, to whom I shall communicate your commands. I expect a fair draught of this at my Lodging this evening, or at the House to morrow by eight of the clock in the morning, signed with your name, that so I may avow it to be yours. You may impart the business to all your friends, that so they may be ready to welcome your Petition when it shall be to morrow presented by

Your loving Servant, John Ashe.

Fanchurch-street Munday 12 at noon.

To the honored, my noble Friend, Sir John Stawel, Knight of the Bath,

these present. Newgate.

And that this is a true copy of that Petition he received to prefent on my behalf, appears by the Deposition of Mr. Basset, whom I desired, according to the counsel given me in Mr. Ashes Letter, to shew the same unto severall Members of Parliament, praying their favor when it should be presented by him, which Deposition is as followeth,

To the Right Honorable the Commons assembled in Parliament, The humble Petition of Sir John Stawel, Prisoner in Newgate.

The Petition and Mr. Bassets Affidavit proving the same.WHereas your Petitioner, by command, lately attended this Honorable House, and being brought to the Bar, was enjoyned to kneel, which your Petitioner forbore to do, not out of a will to lessen the great respect and reverence due to this Honorable Assembly, but conceiving he might first have spoken; and now finding that he hath committed an Error, for which he holds himself obliged to make an humble acknowldgement, and by this Petition to crave a favorable interpretation of his Offence;

Your Petitioner humbly begs your pardon, being very sorry he hath so justly incurred your displeasure, and shall account it, in these his sad Misfortunes, a very great happiness to be restored to a capacity of your Favors; And that you would not look back upon what he prays may be forgotten, but be pleased in the midst of Iudgement to remember Mercy.

And your Petitioner shall pray, &c.

Pray observe how this was done in persuance of Mr. Ashes directions mentioned in his Letter.THis is a true copy of the Petition remaining in my hands, which Sir Iohn Stawel delivered me in Newgate within few [Page] daies after his Commitment thither, to shew unto several Members of Parliament (videlicet) Mr. Hollis, Sir Philip Stapleton, Sir Iohn Holland, and Mr. Iohn Crewes, with Letters unto them directed from the said Sir Iohn Stawel, praying their favors and assistance in seconding the original, when it should be presented unto the House.

The 11. of Decemb. 1654.

Will Basset.

William Basset Esq sworn Decemb. 15.1654.

Tho. Benet.

And now having lodged my Petition in Mr. Ashes hands, which, notwithstanding his denial of it, appears to be not a Petition for my removal to a better prison, but such a one as was approved of by Mr. Ashe himself, and is the very same that I have printed formerly in my Remonstrance; I shall desire the Reader to observe what truth there is in that Account he gives of the disposing of it. And here he hath related so many particulars, that it can hardly be imagined but some of them will be made good to prove the story which he so formally delivers; As First, his care in coming early to the House, his earnestness in the uncivil interrupting of Mr. Hollis to deliver the Petition to him, his solicitude in the enquiry after it from Mr. Hollis as soon as he returned, and the affection he expressed in consulting with Mr. Hollis how to do me good, by whom (it seems) all his advices were approved, and I condemned for madness and obstinacy; and yet it is most certain, that this Narration, with all its circumstances, is an invention of his own brain, disavowed by Mr. Hollis, and contradicted by himself, in a Letter which he sent unto me upon his going out of Town, to give me an account of the disposal of my Petition, both which Letters follow in these words.

Worthy Sir,

HAd I time to visit you, I would not have now written, nor have been so long from you;Mr Ashes second Letter. I pray excuse me, for I promised your Lady the last night to come this morning to see you. She taking notice of my going out of Town this morning, came to me the last night, and Mr. Merefield, and they both were earnest with me to acquaint them how I had left your business, whilst I should be absent; and having informed them, they were desirous that I should let you know either as much by word of mouth (if possible) or by Letter. Sir, As to your business, it is so, That since I saw you last, I have waited every day with your Petition in my hand, hoping to meet with an opportunity wherein I might present it for your advantage; I have now commended the care of it, and you, to my worthy Friends Mr. Hollis, Sir Philip Stapleton, and Sir William Lewis, to whom I have written yesterday with all earnestness to do their best for you. I am confident of their care and faithfulness [Page] to attend it in my absence, which will not, I hope, be long; I am going this morning with Mr. Prideux, and some other good company into the West, as far as Bristol, I shall hasten my return with all convenient speed, I hope that in the mean time, my friends will procure a releasement for you from that Nasty Cabben, which is the earnest desire of

Your humble servant, John Ashe

Wednesday morning Septem. 9. 1646.

To the Right Worshipful Sir John Stawel, Knight of the Bath, these deliver, Newgate. SIR,

Mr. Hollis his Letter.I Cannot call to remembrance that ever I saw any Petition of yours to the Parliament, less, that it ever was in my hand to present it; if Mr. Ashe be very certain of it, I know not what to say to it, only this I dare affirm, it must have been for a very short time, and that there was no possibility of getting it read; for I was too sensible of any Gentlemans sufferings, to omit any opportunity of serving him: but I rather beleeve he is mistaken, and that he gave it to one of the other two Gentlemen, whom he mentions, and who, I am confident, were as careful to have delivered it, as I should have been; but what might hinder it, I do not know, so long since may very well be out of memory. Sir, I am sorry I can do you no service in this particular; in any thing else, that shall lye in my power, I shall bee ready to shew my self,

Sir,

Your very affectionate and humble servant, Denzel Hollis.

Cerne Octob. 30. 1654.

To my much Honored Friend Sir John Stawel.

By these it doth appear, That all the formal story, published with so large a dress of circumstances by Mr. Ashe, is a meer fiction invented by himself; for he confesseth in his letter, That he did not deliver it himself to Mr. Hollis,Pray observe how different this is from Mr. Ashe's affirmation in his Pamphlet. but recommended it unto him by a Letter that very day, on which he now alledges that he had given it into the hands of Mr. Hollis, in the morning before the sitting of the House.

And if he did at all commend it to him by a Letter, it was committed to the trust of such a Messenger, as never yet delivered it to Mr. Hollis, who consequently could not, nor did at all return it to me with his friendly counsel, nor could there be occasion ministred for the discourse invented by Mr. Ashe, and published him as a thing that passed between them two, wherein he hath suggested, Mr. Hollis did concur with him in censuring of me.

Why should I longer dwell upon this passage, having already proved by Witnesses, by Arguments, by his own Letters, that notwithstanding the strange boldness which he hath used in publishing [Page] this fiction, there is not one true word throughout the whole contexture of it; so as by grounding the credit which he would have given to his other allegations, upon the proof he pretends to make of this particular, he leaves the Reader to admire his confidence in the avowing of a slander, without the least ground of truth, or probability for the maintaining of it; and therefore I must needs conclude this point, as I did formerly at the High Court of Justice, That Mr. Ashe, by the professions of love and kindness which he made to his good Master (for so he called me) got the possession of my Petition, and did ingage himself to deliver the same unto the Parliament, but did maliciously and wilfully fail in performing his engagement: By which failer, and breach of Trust, he did (according to Mr. Ashe's inference) Iudas-like betray his Master.

And certainly, the consequences of this breach of Trust fell heavily upon me; for I was shortly afterwards 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 last of all at Charde, where three Indictments were found, one for High Treason, and two for Murther, for killing of Osborn at Marshals Elme, and for execution of Viccary, when I was Governor of Taunton, many of the Grand Jury being the Inhabitants of Taunton, and such who had recovered Judgements for great summes of mony against me, and have since purchased a good part of my estate, which Indictments were afterwards removed by Certiorari into the then Kings Bench, where the 12. and 13. of May, 1649. I was arraigned upon the Indictment of High Treason, in levying War against the King, upon the Statute of the 25. of Edward the Third, 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 Iune 1649. an Act was printed and published, entituled, An Act for relief of all such persons, as have been, are, or shall be sued, molested, or any way damnified, contrary to Articles, or Conditions granted in time of War. In which Act Commissioners were nominated to hear, and determine Cases concerning Articles, according to the powers of the said Act.

Whereupon I did address my self by Petition unto that Court to be relieved upon my Articles, which Petition was read the 10. of Iuly 1649. and is verbatim printed in my Remonstrance, and therefore I spare here to insert it.

But upon this Petition, no proceedings were made by the said Court, whose Authority determining with the said Act, was on the 10. of Iune 1650. renewed for six months, by Act of Parliament; and then ended by expiration only.

And here, before I mention any thing of the proceedings against me at the High Court of Justice, which happened more then a [Page] year after, I shall desire the Reader to observe the falshood of Mr. Ashe his Pamphlet in two particulars which hee suggesteth, viz.

That I did not upon any Trial at the then Kings Bench Bar, claim the benefit of the Articles of Exeter, Mr. Ashe's Objections. and did not at any other time after challenge the benefit of them by Petition to the Parliament, nor any Committee from them.

As to the first of these; The falshood of it is apparent; for that upon my motion to plead specially,My Answer to them. the Court allowed it to me, and ordered me to bring in my special Plea on the first day of the next Term, and did assign me Counsel for that purpose; but I was never called upon to plead further to that Indictment; so as it is impossible for Mr. Ashe to know what I would have pleaded had I been called; and I can with much confidence affirm, That albeit my Counsel might advise me, to offer in the first place to that Court such matters in Law as were more proper for them to judge upon, yet I was resolved, both according to my own sense, and the opinion of my Counsel, not to plead any Plea, which might deprive me of the benefit of my Articles, as being resolved to insist upon them, whensoever my Counsel should advise me it was seasonable to demand the allowance of them.

And for the second; It appears manifestly false by the Petition before mentioned, which I preferred unto the Commissioners appointed by the Parliament, for relieving persons upon Articles, before the 10. of Iuly 1649. which was at least seventeen months before that I was brought unto the Bar at the High Court of Justice, and was as soon as the House had appointed any Court to relieve such as were agrieved upon Articles; and that I did not make any application to the Parliament upon my first Committal, was no default in me, but in himself, who having then perswaded me to alter my Petition to them, and after kept it either by fraud, or malice from their sight, doth now charge that upon mee as a crime, whereof himself is only guilty.

But that I may conclude this long Narration, The power of those Commissioners being (as I have said before) expired, upon the 26. of March following, the High Court of Justice was established, and on the 9. of Iuly next after, an Act was published for the trial of me,My Trial before the High Court of Justice. and of some others for our lives before them. The 20. of the same month, I was by order of the said High Court removed in order to my trial from Newgate to the Tower of London; And on the 17. of December following, I was brought unto the Bar of the said High Court, there to abide a Trial for my life.

And certainly, there is no man, who had but the least spark of generosity, or humanity, but would bee moved with some compassion, and afford his just assistance unto a person reduced to that extreme degree of danger wherein I stood. That very Iudas (to whom he doth with so much scorn fancy himself to be resembled) [Page] when he saw his Master voted guilty by the Jews, and that he was to be presented before Pilate, there to receive his last Tryal, felt some remorse, and coming to the Princes and the Elders, confessed his Treachery in the betraying of him; But Mr. Ashe, in this sad exigent whereunto I had been brought by him, was so far from doing right unto me by his testimony, that concealing my appearance before the Committee at Goldsmiths-Hall, and the presenting of my Petition there, which I had put into his hands, he came to justice that most false Record entered in his presence the 4th. of August, which proved, that I had not appeared either before the Committee at Goldsmiths-Hall, or any other Committee at the time when that Record was entred. And to the end it might not be inferred that I had claimed the benefit of Exeter Articles before them by that clause of the Record, which saith, That I pretended to come in upon those Articles, In the Book of Short-hand taken by order of the High Court of justice. the same was totally left out in the Copy produced before the High Court of Justice, and notwithstanding sworn as a true copy of the whole Record.

This evidence was much insisted on, and strongly urged against me during the greatest part of my Trial; and it was in vain that I produced persons of quality and honor, Sir Iames Thinne, and Mr. A [...]i [...] Paulet as witnesses for me, to prove the tender of my Petition, for they could onely swear, that I was there with them in Iuly; that I had a Petition in my hand, which I told them I did intend to present unto the Committee, and that I was called in a while after into the Room where the Committee sate, staid there some time, and at my coming out told them I had delivered my Petition to the Committee; but in regard they were not suffered to come in when I was called, they were not able to swear that I had given my Petition into the hands of Mr. Ashe, as I alledged, and therefore this being no concluding Evidence for the delivery thereof, it was pressed, that my Averment in this case was not to be received against the said Record, which did positively affirm that I had not on the 4th. of August, or any time before, appeared before them.

And certainly, that High Court, notwithstanding their Depositions, would have condemned me by their Justice, had it not pleased God in his infinite Providence and mercy to me, to put into my mind, that Sir Henry Berkley (whose business was heard immediately before mine) had by meer accident, contrary unto the usual course, staid in the Room whilst his Mittimus was making, and whilst I tendred my Petition to Mr. Ashe; I made this known unto the Court, and they were honorably pleased to give me time for the producing of him, at which time of Sir Henry Berklies appearance, that individual Petition, formerly delivered to Mr. Ashe (the tender whereof was so stifly denied) was then, and not before, produced in Court, and Mr. Ashe appearing the same time. [Page]used his utmost skill to incense the Court against me, plainly shewing the intention of entering that false Record was, to deprive me of my life whensoever I should be called to Trial for it, as a person who had neglected my time, and thereby forfeited my Articles.

The book of Short-hand proves this.This foul practice in a person so highly trusted by the Parliament, together with Mr. Leeches Oath, which did expresly aver the Record of the fourth of August to be entred by the Committees appointment, was surely ill resented by the Court, although they made no mention thereof in their Proceedings, because it never came judicially before them; But in my Case, after mature advice, and several Debates, they all resolved, and did accordingly certifie unto the Parliament, That I was comprised in the said Articles of Exeter, did personally appear within four months, according to truth (although my Articles, as I have formerly said, required not the same) and presented a Petition to the Committee at Goldsmiths-Hall, for a Composition, in relation to the said Articles, which they resolved was a submission to Composition, according to the said Articles of Exeter, Thereby implicitly condemning M. Ashe of Injustice, in denying to admit my Composition tendred with all due circumstances, which on my part I was to do, and of a foul conspiracy against my life, in countenancing a false Record unduely entred, to stand against me as an Evidence, and be a ground for the condemning of me, contrary to the truth, and his own knowledge.

My Life being thus, by the blessing of Almighty God, and the Justice of that honorable Court, preserved, my Estate was notwithstanding on the 16th. of Iuly following, adjudged by Act of Parliament to be sold, and accordingly was purchased by several persons from the Trustees at Drury-house.

Upon the 29th. day of September 1652. the House was pleased to pass an Act for reviveing of the former Act made for relief of persons upon Articles, and nominated Commissioners for that purpose, rejecting two Provisoes tendred to the Act on the 28. and 29. dayes of September, before the passing of it, which tended to the limitation of that benefit which the House was honorably pleased to grant and allow unto such persons as should claim relief by Articles; requiring, that the Judgement and Orders of the said Commissioners be obeyed and observed by all Courts, Committees, Officers, and other persons concerned, any Law, Order, or Ordinance to the contrary notwithstanding.

The 14th. of October following, I exhibited my Petition to the said Court, craving relief upon my Articles, where, after witnesses examined, publication granted, and a full hearing of all parties, the Commissioners did solemnly declare and adjudge that I was fully capable of the relief intended upon the said Acts of Parliament, constituting that Court, and that I ought to be admitted [Page] to compound for my whole estate, according to the Tenor of my said Articles, as appears by the Judgement, and Proceedings in that Court, mentioned at large in my Remonstrance, which Judgement I forbear in this place to insert, because I shall hereafter have occasion to mention it. Neither are they questioned at all by Mr. Ashe, who notwithstanding hee hath been formerly examined against me in the High Court of Justice, and that testimony of his, taken in the Book of Short-hand, was afterwards read and made use of in the Court of Articles upon the hearing of my Cause, according to the said Order, allowing the Book of Short-hand to be made use of as indifferent evidence on both sides, and notwithstanding the solemn Judgement of those two Honourable Courts who have plainly declared the refusal of my Petition for a Composition when I tendered it, to be a violation of my Articles, is yet so passionately pressed against me, that without all regard to truth and modesty, he hath divulged this scandalous and scurrilous Pamphlet to asperse me only (as himself professeth) that he might be received as a Witness to swear against me, before a Committee appointed to examine my Petition by the late Parliament, whom he had hoped to have mis-led, by his false allegations, whereby he hath occasioned all my miseries and losses.

And for the better countenancing of his Fables, there is with it come out, in the name of the Purchasers of my estate, a Re-examination of all the matters formerly moved, heard, and determined in my former hearings, which for that reason, I forbear to answer, as deeming it unfit to submit the things already cleered, and judged by two such Honorable Courts, as it were unto another Trial and Examination, to satisfie the fancies and pleasures of I know not whom.

Reader, I have here given a true and an exact account of all that Mr. Ashe hath acted in my business, from my first coming to London after the surrender of Exeter, until the sentence given for me in the Court of Articles, by which it appears plainly, that my Remonstrance is not only true in all those passages touching Mr. Ashe, which I have there set down, but also that I have therein, out of a Christian respect, and charity (whereof he hath made me but an ill requital) forborn to publish that foul practice he hath used to take away my life, and my estate, the which I had not now divulged, were I not compelled to do it for my own vindication, against those false and malicious slanders, which he hath sought to fix upon me, by his shameless Pamphlet, which was most maliciously published at the very time when by my Petition (which made no mention of him) I sued unto the Parliament for my relief.

I have most cleerly proved, not by a feigned Utopian Discourse, but by undoubted evidence, the testimony of witnesses, persons of Honor and integrity, by his own Letters, by Records, and by the solemn[Page]Iudgements of two great and Honorable Courts, that Mr. Ashe hath herein broken all those tyes that are most sacred, as being the foundation,Mr. Ashe is here considered in a twofold capacity. wherein doth rest as well the private, as the publick conversation of men, not to be violated, without the general confusion of all Laws Divine and Humane; For if you shall consider Mr. Ashe as a private person, you will find him a man pretending friendship, who having promised assistance to his friend in those indearing terms that might beget a mutual confidence,As a private person. and being the sole man who was relied upon for favor, did afterwards, without offence, or provocation, for his own private benefit, inveigh against the person that trusted in him, whom he presented to the Committee (who were his Judges) under so foul a Character, that before they saw him, they began their knowledge of him by the hatred of his pretensions, and person; You see him afterwards publickly obstruct that Composition he had promised to further with his best assistance, and when by breach of that publick trust which was reposed in him by Parliament, he had procured unto me their displeasure, you see him then resume the person of a friend, that he might cheat me of my Petition, when I had nothing else remaining to preserve either my life, or estate; and having gotten the possession of it, to keep it by him, and neither offer it himself unto the House, or put it into the hands of any other, as he pretended to have done, upon his going into the Country, after which time he never more came neer me, as I have formerly said in my Remonstrance. What can be added unto the malice and perfidiousness of this, being all acted under the colour, and pretence of love and friendship?

As a publick person.But if we look upon him as a publick person, then this miscarriage appears in him much fouler; for we must then consider Mr. Ashe as a man most highly trusted by his Country, when they returned him to serve them as a Member of Parliament, and most particularly favoured by that great Assembly, by nominating him a Member of the Committee, who were intrusted to dispence their Justice granted in the Articles of War made by their Armies, unto the strict performance whereof, the publick faith and honor of the Armies, the Parliament, and the whole Nation in general, were by the Law of God and Nations, ingaged in a most eminent and particular manner; and upon this depended the lives and fortunes of a considerable number of their fellow-subjects, who were ingaged for the late King in those unhappy differences, whom they were to admit to Composition upon the terms prescribed unto them by their several Articles, so as they were appointed Iudges over things which are above all other of the highest consequence and most concernment, to wit, The publick Faith and Honor, the Estates, the Lives and Liberties of their Country-men and Fellow-subjects; And among all these persons, there was more than ordinary confidence reposed in Mr. Ashe, who was the Chair-man of the said Committee; Wherefore [Page] for such a man, thus qualified, advanced, and trusted, first to obtain the Grant of a Fine unto his own particular use, which was to be assessed before himself; For the obtaining whereof he exhibited unto the Parliament, a cheating false Account, claiming Sums which he not at all disbursed, as I have formerly expressed; To play the Orator, and falsly to calumniate a person to his fellow Judges, who was a stranger to them, and did appear before them an humble Petitioner to obtain the benefit intended to him by his Articles, having engaged himself to favor his Petition; To obtrude Oathes and Covenants upon him, from which he was to be exempted by his Articles, and for that reason to deny this Composition when it was tendered. To be present and assistant unto the entry of a Record, the Contents whereof were false, to his own knowledge, and did no way belong to his Cognizance, or Jurisdiction; To give direction for the making of a Report unto the House of Commons, as from the whole Committee (without their Warrant or Directions) That I had contemned the Parliaments authority, and forfeited my Articles; And lastly, To appear, and by his Testimony to countenance that false Record when it was urged against me at my Tryal, thereby to take away my Life and Estate together; All these are, in a publick Officer, crimes of so high a nature and concernment, that if we find not presidents touching the punishments due to them, we must conclude, it is because himself was the first man that ever had presumption to commit them.

But although our Histories have not examples of the like miscarriage in an Officer so immediatly intrusted by the High Court of Parliament, as Mr. Ashe, yet notwithstanding our Laws are very clear and positive in the inflicting of great and exemplary punishments on persons trusted with the execution of the Law, and publick Justice of the Land, if they shall violate their trust, in matters of far less concernment, than what was recommended to Mr. Ashe.

If a Judge of Record sworn to decide the private Controversies between man and man,L. Cook 3d part of his Instit p. 223. Sir Will. Thorps Case. Cook 3d part of his Instit. p. 22, & 23 Triseilians Case. shall, through corruption or interest, wilfully give a Judgement contrary unto the known Law, and his own Conscience, our Ancestors have thought this crime worthy of death, and have accordingly inflicted it upon the offenders, as is apparent in our Histories.

If a Jury who are the Judges in all matters of fact, which come in issue before the Judges in the Courts of Common Law, give a false Verdict contrary to their evidence, this is a crime so odious in the eye of the Law, that being attainted of it they shall suffer the VILLANOUS JUDGEMENT.L. Cook. 3d. part of his Instit. p. 222. And the same Iudgement is also given in a Conspiracy, upon the false conspiring to deprive a man of life, by an Indictment at the Common Law, which Judgement is declared by my Lord Cook to consist in five several punishments.

[Page] First, That their bodies shall be imprisoned in the common Gaol.

Secondly, Their Wives and Children amoved out of their Houses.

Thirdly, That all their Houses and Lands shall be seized into the Kings hands, and their Houses wasted, and their Trees extirpated.

Fourthly, All their Goods and Chattles forfeited to the King.

Fifthly, That they for ever shall loose the Freedom and Franchizes of the Law (that is) First, They shall never be of any Juries, or Recognitors of Assizes. Secondly, Nor never be received as Witnesses in any Cause. Thirdly, That they shall never come into any of the Kings Courts, but make Attorneys, if they have any thing to do there.

And this is called a VILLANOUS JUDGEMENT, because of the villany and infamy which they deserve against whom it is given. And all is inflicted by the common Law, for that the Offenders by false conspiracy, under the pretext of Law, Nota. by Indictment of Treason, or Felony, and legal proceedings thereupon, sought to do the greatest Injustice, by false conspiracy to shed his blood, who afterwards is thereof Legitimo modo acquietatus.

But if these crimes are singly punished with so much rigor by the Laws in our inferior Magistrates and persons; what shall we say of Mr. Ashes guilt, who hath himself taken the boldness to commit them all?

In acting the several parts, First, Of a malicious, unjust Iudge, when I first tendred my Petition to him.

Secondly, Of a corrupt Iuror, in his direction for the report against me to the House.

And thirdly, Of a false Conspirator, by countenancing the entry of that pernicious Record, which was produced and sworn against me at my Trial; especially, being in breach of an immediate Trust committed to him by Authority of Parliament (the supreme Court of Law and Justice, whereof the others are but Rivulets) and who have in all ages punished the want of Truth in all those Informations which were brought unto them, with so much rigor, that by the Statute of 37. E. 3. cap. 18.37 E. 3. cap. 18. It is Enacted, That those who shall make false Suggestions against any one before the King and his Council (who were then the Supreme Power) shall prove their suggestions, or else in our the same pain the other should, in case he were attainted.

And certainly, if they have punished with this great severity those who presumed to mis-inform them by Petition or Suggestion, whereby the person against whom complaint is made receives no other prejudice but onely to be brought unto an answer, we cannot well conceive the greatness of that punishment, which they [Page] would in their Justice have inflicted on any person that should dare to have abused the power and trust they had committed to him (as Mr. Ashe hath done) by acts of high injustice in his judgement, and extreme falsehood in the informations he hath directed to be made unto them. But I forbear to heighten his offence, because I have in writing this Discourse intended my own Vindication, not his Punishment.

I had here given a conclusion to this Discourse concerning Mr. Ashe, did not the Artifice which he hath in his Pamphlet used, to avoid the Testimonies of Sir Anthony Irby, and Sir David Watkins, persons of honor and quality, whose Depositions you have already read, and that great want of Civility and respect he hath shewed to them, inforce me to say some thing in answer to it.

The thing which Mr. Ashe doth first except against, and undertakes to answer, is,Answers to the Objections against Sir Anthony Irbys, and Sir David Watkins Testimonies. The relation Sir Anthony Irby hath given of my Deportment, at both those times I appeared before the Committee at Goldsmiths-Hall, which he declares to have been such, as that he for his part took no offence at it, nor doth he think there could be any justly taken. This is confirmed, not onely by Sir Anthony, but also by the concurring Testimony of Sir David Watkins.

In answer unto this, it is alleged by Mr. Ashe, that Sir Anthony Irby was the principal man of the Committee that took exceptions at my Petition, and moved that it might be rejected, and that it was he principally who pressed the making of the Report against me.

Here is a flat denial of the Testimonies of two concurring Witnesses, persons of great integrity and worth; but if wee look for proof of his Assertions, he can produce no other but his own affirmation; and therefore we must take it as a slander cast upon those worthy Gentlemen, in the inventing whereof he shews great Impudence, and in the publishing, much weakness, to think that his bare word should pass as proof against them, being produced as indifferent persons, to testifie their knowledge before a Committee of Parliament, in my case: Especially considering, that Mr. Ashe (among the Questions which he sets down, and which he moved the Committee he might ask Sir Anthony Irby) had a care not to question any thing touching my carriage, because Sir Anthony both could and would have proved the falseness of his Allegations.

But in regard it is pretended by Mr. Ashe, that in the Answers made to these three questions, Sir Anthony Irby had some way contradicted what he had formerly delivered, I will set down the Questions and the Answers, that so it may appear how truly he infers out of them.

First, Whether Sir Anthony were present the first and second time that I appeared before the Committee at Goldsmiths-Hall? To which he answered, he was present. And Mr. Ashe might well [Page] have spared the labour of that Question, because it is one of the first things affirmed by him in his Letter, and in his Examination before the Committee of Parliament.

The second, Whether the Committee (taking offence at my behavior and language) did order Mr. Stephens to report the same to the Parliament; this Sir Anthony acknowledgeth, and this is not the thing Mr. Ashe insists on.

But on the third Whether Sir Anthony himself consented, and gave his Vote in the affirmative, for making of the said Report; And hereunto Sir Anthony answered, he did, after some pause, wherein it is supposed by Mr. Ashe he contradicted what he had formerly said in the justification of my civil language and fair deportment.

What ground or reason Mr. Ashe can have for this his supposition, I shall refer unto the Readers judgement, when I have onely stated the matter of Fact, as it appears out of the Letter of Sir Anthony, which he pretends to answer, and his Examinations before the Committee, being this. When I first tendred my Petition to the Committee to be admitted unto my Composition, which was disliked and rejected, as you have heard, Sir Anthony Irby took no exception at my carriage, nor did he think justly there could be any, and then declared his opinion, That I ought to compound, there being want of money, The House of Commons having confirmed the Articles of Exeter, by which I was exempted from the taking of Oathes. At my second appearance before them, he was also of the same opinion; But seeing others were not of his mind, but heightned my offence, and took exceptions at my carriage and language, and would have it reported to the House, he gave way to it, and passed his Vote in the affirmative, That the whole matter should be reported to the House.

And now I shall desire the Reader to observe, if any thing herein do contradict in the least kind what hath been formerly said by Sir Anthony Irby in justification of my deportment.

So certified by Mr. Baily.For admit (although in truth no question was put, and consequently no Vote could pass, as appears by Mr. Baylies Certificate, who keeps the Records of that Committee, which makes it more then probable that Mr. Ashe very much mistakes in this Relation) Sir Anthony had given his Vote, That my denial of the Negative Oath and Covenant (which I refused by vertue of my Articles) and my carriage (which he conceived was fair and civil) should be reported to the House, That they might thereupon declare their pleasures, whether I should be continued under restraint for refusing the Negative Oath and Covenant, or be admitted to Composition without taking them (notwithstanding his opinion, That the House had by the granting of these Articles dispensed with the taking of them;) which was the onely thing; then in dispute amongst them, as appears by their Order then entred, and was as much as Mr. Stephens had in direction to report unto the House.

[Page]Can any man suppose Sir Anthony Irby, by passing his vote in the affirmative for this end, did give consent, that it should be reported to the House, I had rejected, or forfeited the benefit of my Articles, and contemned the Authority of the House, which confirmed them? Or was there any Warrant for Mr. Stephens, by this order, to report as he hath done, by the directions of Mr. Ashe, That I had fleighted and contemned the Authority of the present Parliament, and forfeited their mercy contained in the Articles of Exeter; And in the close of his Report to say, THAT IF THE PARLIAMENT DID NOT MAKE SIR IOHN STAWELL A TRAYTOR, SIR IOHN STAWELL HAD MADE THEM TRAYTORS, as Mr. Ashe, in the conclusion of his Pamphlet, affirms he did? which was a most false, bold, and malicious inference, and could not be collected from any thing that I had spoken, or he, by the Committees Order, was Authorised to deliver; and this without stating the matter truly unto the House, and desiring their opinion and direction therein, which was the final end, for which that Order was made.

Who sees not, that this same is quite another thing, from what, by Order of the Committee, Mr. Stephens was to have performed? so as if Sir Anthony Irby did make some pause before he gave an Answer to this Question, it was, for that he made some doubt within himself, whether he should not, before he answered thereunto, inform the Committee, in the Star-Chamber, of the whole truth, as I have now expressed it, or leave it (as it seems he did) unto their further Examination.

And surely Mr. Ashe was very cautious what questions he proposed unto Sir Anthony, for fear his practices might have more cleerly been brought to light, or otherwise (being so much my friend as he pretends) he would have then denied the ill offices he did me, unto the Committee, before I was called in before them, wherewith Sir Anthony had charged him, and he would also have sought to cleer himself touching the entry of that false Record of the fourth of August, which is suggested to have been made when that Sir Anthony Irby was present at the Committee, though Sir Anthony was altogether ignorant of the making of it: But Mr. Ashe having declined the asking of these questions, did plainly shew these charges were so cleerly true against him, that though he sought a colour for the rest, yet he could find out nothing to palliate his guilt in these, and therefore sought to pass them over in silence, without making any mention of them.

The thing which Mr. Ashe did next except at, is the relation given by Sir Anthony Irby touching his intention to buy a Mannor of me, which lay neer him, and this Sir Anthony Irby in his Examination before the Committee of Parliament sets forth was told unto him by Sir Edward Bainton, who did acquaint him, That Mr. Ashe was he that would have bought the Mannor.

[Page]Here Mr. Ashe puts in a Note, and would perswade the Reader to beleeve that I had invented this story, and published it at the High Court of Justice, which coming to Sir Edward Baintons hearing, he told it Sir Anthony Irby, who now makes use of it to justifie what he had written, whereas if Mr. Ashe his passion had not deprived him of his judgement, he would have easily observed, that Sir Edward Bainton gave a relation to Sir Anthony Irby, not of a thing which he had heard after my Trial at the High Court of Justice, but of a matter treated with him before I fell into my troubles, for the relation he made was, That a Gentleman (whom he declared to be Mr. Ashe) would have bought a Mannor of me, wherein he had some interest, and he had offered, That if I would sell my part, he also would sell his, for which Sir Edward Bainton after said that hee was sorry, as conceiving it to be the original of all my troubles; so as you see Sir Edward Bainton declares that Proposition to have been made unto him before I was refused to be admitted to Composition, or else it could not have been the original of all my troubles, and consequently, it could not be a thing which he had heard only after my Trial, as Mr. Ashe would (without any ground but his own impudence) perswade the Reader.

In the last place it is observed by Mr. Ashe, that what Sir Anthony Irby hath called a Mannor, and said, it lay neer him, I call a Farm, and lay in Abury, about sixteen miles (as he allegeth) from his dwelling, and thereupon (according to his breeding and discretion) he blames Sir Anthony Irby's memory, which he conceives must here have failed him.

I shall desire the Reader to observe, that Sir Anthony Irby doth here make a relation of what was told him in discourse, and therefore wee must judge of it according to the usual way of speaking, and not to the construction of the Law. I have already shewed, that Farm at Abury cost me about 9000 l. and certainly whether it were a Mannor, or a Farm, it was notwithstanding such a proportion of land as is in usual discourse stiled by the appellation of a Mannor, and it is no way considerable, as to the matter, whether it were the one, or the other: And although we shall admit that Land to lye sixteen miles from his dwelling in the Country, yet certainly, according to the common way of speaking, he must be said to be a neighbour to it; so as in these Exceptions, it appears, That Mr. Ashe hath declared only his own want of Civility towards Sir Anthony Irby, and his indiscretion in urging things so weak and senseless, to avoid his testimony.

As for the Certificate of Sir David Watkings, he urgeth no new thing against it, only to shew his wit, without any part of his judgement, he doth suppose, that in regard it was in the heat of Summer, when I first came to Goldsmiths-hall, he being an old Gentleman, might then be nodding, or that his memory through age doth fail him, it being neer eight yeers since these transactions [Page] were at Goldsmiths-Hall. This surely is an ending extremely suitable to all the other parts of that his Pamphlet, which being begun through malice unto me, and continued with great impudence and falsehood, could not more properly conclude then with a scoff at old age, declared venerable by the opinion of all Nations, how fierce and barbarous soever; Promised by God, as a Reward to those that shall observe his Law, in giving due obedience to their Parents; Which Sir David Watkins enjoyes, with health, strength convenient, and a perfect sense and memory, as a blessing sent him by God, the plentiful bestower of all good gifts; whilst Mr. Ashe (perhaps for a punishment of this, and of his other crimes) is subject to those pains, sickness, and diseases, now in the vigor of his age, from which Sir David Watkins, notwithstanding his great years, is still exempted.

I am now at the end of Mr. Ashe his Pamphlet,The Iustification of Mr. Stephens his Report, answered. where he takes notice, that it might be expected he should give answer to that wherewith I seem to charge him in my Remonstrance, viz. That the Report made by Mr. Stephens unto the Parliament, of my behavior before the Committee at Goldsmiths-Hall, was no other then what he had received from Mr. Ashe; which I collect from this, because the Report which Mr Stephens 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,Mr. Stephens his examination in the High Court of Justice, 18. of Ian. 1650. 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 [Page] 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.

[Page] 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.

§

[Page] Mr. Lawrence's Petition and Reasons examined, and answered.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 committed to them by the Act of Parliament, and that great care, justice, and integrity they have used in the pursuance of it.

The Act of Parliament by which the Court of Articles was constituted,The first Act constituting the Court of Articles. bears date the 18th. of Iune, 1649. wherein the Parliament takes notice of divers complaints touching the breach of Articles granted in time of War, and taking into their consideration the faith, of their Armies and Forces ingaged for performance of the same, and how much it concerns themselves in Iustice and Honor that the same be made good, and no violation thereof permitted, Do Enact and Ordain, by Authority of Parliament, that the persons therein nominated should be constituted and appointed Commissioners, for the ends and purposes expressed in that Act; They are thereby authorized to hear and determine the complaints of all and every such person or persons as do or shall pretend to [Page] be sued, molested, or in any wayes damnified, contrary to any Articles granted, or made, to or with any such person or persons, in time of War, which have been approved of by Parliament.

They are to determine whether the persons complaining were truly comprized in such Articles, and also to judge, and determine whether the parties so complaining, have by their own default forfeited or lost the benefit of the said Articles.

Where there shall appear any right due to the party complaining, by vertue of such Articles, and yet denied and not duly performed, or any violation thereof made against him or them; they are in every such case authorized to award, and give unto the party complaining, relief and redress, so far as in justice they ought to have by the said Articles, by staying proceedings in Law or Equity, discharging Judgements, Executions, or Decrees, or by restitution in specie, or in value, of what hath been taken, recovered, or withheld, but without charging any costs, or further damages against the Commonwealth, or against any person or persons against whom the Complaint is made.

And it is thereby further Enacted, That upon all such Complaints, in all such Cases, the Certificates, Orders, and Awards of the said Commissioners, or any nine, or more of them, being produced to any Court of Justice, Committee, Commissioner, Magistrate, Officer, or other person or persons whatsoever, before, or with whom, any Matter, Question, or Thing, which such Complaint concerns, doth, or shall any wayes rest, or depend respectively, shall in every such Matter, Question, or Thing, be binding and conclusive unto, and obeyed, and observed by all, and every such Courts, Committees, Commissioners, Magistrates, Officers, person and persons, who are by vertue of the said Act enjoyned, and required to take notice of, and observe the same, any Law, Order, or Ordinance to the contrary notwithstanding.

A Proviso is added in the bottome of the said Act, That nothing therein contained,A Proviso in the first Act. should be construed to controle an Order or Ordinance of the Lords and Commons, bearing date the 9. of December 1643. or any other Order or Ordinance of Parliament concerning the Town of Kings-Linne, and the Articles agreed unto by the Earle of Manchester, upon the rendring up of the said Town, but that the said Order or Ordinance, and all proceedings thereupon had, should be as good and effectual in Law, as if that Act had not been made, any thing therein contained to the contrary in any wise notwithstanding.

This Act of Parliament being made to continue only until the 20. day of Iune 1650. and no longer, ended by expiration;The second Act reviving the former. After which upon the 29. of September 1652. another Act was made for renewing the said former Act for relief of persons upon Articles. The Parliament therein takes notice, that the said former Act is expired, and yet many complaints concerning breach of Articles remain [Page] still undetermined. And therefore, by Authority of Parliament, they do Enact, That the said Act, and every clause, Article, and sentence therein contained, shall be in force from the 28. of Septem. 1652. till the 28. of September 1655.

It is thereby further Enacted, That the Commissioners therein nominated, or any seven of them, should be Authorised, and appointed Commissioners, to put in execution all the Powers expressed in the said former Act.

It is also further Enacted, That the Commissioners therein nominated, or any seven of them, shall be thereby Authorised to give relief according to the powers mentioned in the said former Act, to all such persons, who were, or should be arrested, sued, impleaded, imprisoned or sequestred, contrary to any Articles given, or granted, by any Commission-Officer, not under the degree of a Captain, intrusted upon the place as Commander in chief, by Land or Sea, in England, Scotland, or Ireland.

Provisoes inserted in the Act.Unto this Act, four Provisoes are added:

First, That the persons clayming benefit of Articles, have not forfeited the same by breach, or non-performance of what was on their part to be done, since the Articles were granted.

Secondly, That such persons have not been ayding to the late King, or Charles Stuart his Son, in open Hostility, or secret Counsels, since the 30. of Ian. 1648.

Thirdly, That no person shall have benefit of the Act, unless he shall put in his claim to such Articles before the Commissioners, within the times therein limited, viz. For Articles in England before the first of Feb. 1652. and in all other places before the first of Iuly, 1653.

And fourthly, That where any Question shall arise before them, upon Articles, whereof relief is by that Act intended, which have not been confirmed by Parliament, The Commissioners shall resort unto the Parliament, for their Resolutions touching the said Articles, before they the Commissioners proceed therein, further than to stay proceedings at Law against any person, or persons, concerned in such Articles, or sale of their Estates.

Unto this Act, before the passing of it, two Provisoes were tendered.Provisoes offered & rejected

The first, on the 28. of Sept. 1652. to this effect, Provided, that this Act, nor any thing therein contained, should not extend, nor be construed to extend, to prejudice, alter, or make void any Resolutions, Votes, or Iudgements, given in Parliament, touching any the Articles aforesaid, or any persons clayming thereby.

The other, on the 29. of Septem. 1652. to this effect, Provided, that no real, or personal estate, which hath been setled, conveyed, or assured, to any person or persons, by vertue of any Act, Ordinance, or Order of this present Parliament, shall be made null, vacated, or otherwise determined or disposed of by the Commissioners named in this Act,[Page]or by their Authority, but if they see cause of restitution by vertue of Articles subject to their Cognizance, not in specie against the particular person, or persons, upon whom such estate, or estates be setled, conveyed, or ass [...]red, but in value, by such other Lands or Revenue, as the Parliament shall direct, any thing in this Act, or the former hereby revived, to the contrary notwithstandiinng.

But these Provisoes, which tended to the limitation of the benefit most honorably granted by the House, to persons claiming benefit by Articles, were both rejected, and upon the Question, resolved in the Negative.

This power being granted to the said Honorable Commissioners without limitation or restriction, gave them Authority to hear and determine my Complaint before them, as being a person imprisoned, sequestred, and indamaged, contrary to Articles given unto mee by the Lord Fairfax, late Lord General, confirmed by Parliament, so as I was a person capable of relief, according to their Judgement and Determination, by the express Letter of both the Acts, and accordingly I exhibited my Petition to the said Court on the 14. of October following (which was within the time limitted by the Proviso in the said latter Act) where, the same, after many proceedings, which are at large mentioned in my Remonstrance, coming to be heard the 15. of August 1653. the said Commissioners did solemnly give their Judgement as followeth.

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§

Monday the 15 of August, 1653.

By the Commissioners constituted by Act of Parliament for relief of persons upon Articles, Conditions and Engagements made in time of War, sitting in the Exchequer-Chamber, Westminster.

The Judgement of the Court of Articles.WHereas Sir Iohn Stawell hath exhibited his Petition into this Court, thereby (amongst other things) setting forth, That he is comprized in the Articles made upon the surrender of the City and Garrison of Exeter, bearing date the eighth of April, 1646. and afterwards confirmed by Parliament; By the twelfth of which said Articles it was agreed, That no person therein comprized should be questioned or accountable for any act past by them done, or any other done by their procurement, relating unto the unhappy Differences betwixt the late King and the Parliament, they submitting themselves to reasonable and moderate Composition for their Estates, which the then General Sir Thomas Fairfax was really to endeavor with the Parliament, that it should not exceed two years value of any mans real Estate respectively, and for personal, according to the ordinary Rules, not exceeding the proportion aforesaid: Which Composition being made, they should have Indempnity for their persons, and injoy their Estates, and all other Immunities, without payment of fifth or twentieth part, or any other Taxes or Impositions, except what should hereafter be charged upon them in common with other Subjects, by Authority of Parliament. And by the 21 Article it was further agreed, That no Oath, Covenant, Protestation, or Subscription relating thereunto, shall be imposed upon any person whatsoever comprized within the said Articles, but onely such as should bind all persons aforesaid, not to bear Arms against the Parliament of England sitting at Westminster, nor wilfully do any act prejudicial to their Affairs, whilst they remain in their Quarters. That he had a Certificate under the Hand and Seal of the then General, dated the 14. of April 1646. signifying, that he was to have the benefit of the said Articles. That the 15. of Iuly 1646. he came to London to make his Composition, and according to an Order of Parliament of the second of Iuly 1646. and within the time therby limited, undertook by a subscription under his hand, not to bear Arms against the Parliament, according to the intention of the said Order, and 21 Article. And upon the 24. of the same Iuly, 1646. he preferred his Petition in person to the Committee at Goldsmiths-hall for compounding with Delinquents, desiring to compound according to the said Articles; But was not admitted, because he refused to take the Negative Oath and Covenant: And was the 13 of August, 1646. for such his refusal onely, committed first to Ely-House, afterwards by Order of the then House of Commons, [Page] to Newgate, for High-Treason, in levying war against the Parliament, where he continued almost four years, and in that time was several times Indicted for Treason, and twice arraigned for his life at the then Kings Bench Bar: And that Judgements are obtained against him in personal Actions for seven thousand pounds in Damages; And all this for acts relating to the Differences between the late King and the Parliament, and before the Date of the said Articles. That in Iuly, 1650. he was by Order of the High Court of Justice removed from Newgate to the Tower, and there kept in close custody; and the seventeenth of December, 1650. and divers days after, tried for his life before the said High Court, who after many daies trial, examination of Witnesses, and strict inquiry into his actions, and the performance of the Articles on his part, did not proceed to sentence, but certified their proceedings to the Parliament; a copy of which Certificate was annexed to this Petition: That ever since the said Trial he was a prisoner, and from the Date of the said Articles his Estate sequestred, by which, together with his Debts, and felling his Woods and Timber, he hath lost near Thirty thousand pounds in his Estate, besides his imprisonment, and hazard of his life. That his Estate, by an Act of the 16 of Iuly, 1651. is (amongst others) declared forfeited for Treason, and hath been since sold accordingly. That neither he, nor his Sons, or Servants, have ingaged against the Parliament in any act of hostility since the said Articles, nor hath he lost the benefit thereof, by any default of his; and therefore prays, That the said Certificate of the High Court of Justice may be considered, and the liberty of his person, and the possession of his Estate, may be granted to him, discharged of such Judgements, Executions, Sales and Incumbrances, as are contrary to the meaning of the said Articles, and free from Composition, in regard the profits of his Estate for seven years have been received to the use of the Commonwealth. Unto which Petition several Pleas and Demurrers were put in, by Mr. Attorny General, on the behalf of the Commonwealth of England, and by the Council for the Trustees for sale of Estates forfeited for Treason, on the behalf of the same Trustees; the effect whereof was, It appearing that the Parliament had interposed in the case of the Petitioner, both in respect of his imprisonment, and in appointing Tryals for his life, and the selling of his Estate, as by them adjudged to be confiscated for Treason; Therefore, that as to his Imprisonment, and possession of his Estate, the Court could not take cognizance of the complaint, or examine or give any relief thereupon, as by the said Pleas and Demurrers, reference thereunto being had, may more at large appear: Which Petition, Pleas, and Demurrers coming regularly to hearing before this Court, after long debate and mature deliberation had of and upon the same, this Court upon the 31. of December last past, declared their [Page] opinion; That the said Pleas and Demurrers (which for the present admitted the state of the Fact to be such as is set forth in the said Petition) did not contain in themselves sufficient matter to preclude this Court from proceeding upon the said Petition, and did therefore resolve and adjudge the same to be over-ruled, and set aside; and appointed the Solicitor for the State, attending the Court, to acquaint the Councel for the Commonwealth, and the said Trustees, with this Resolution, to the end they might set forth such other cause as they had to alledge (if there were any) on the States behalf, by way of Plea, or Answer to the said Petition: And the Court also, at the prayer of the Petitioner, issued forth summons to such persons as were by the Petitioner named Defendants, and certified by the Trustees aforesaid to have been Purchasers of the Lands and Estate of the Petitioner, to plead or answer to the Complaint of the said Petitioner. Hereupon the Councel for the Commonwealth put in an Answer, wherein they say, they know not that the Petitioner was comprized in Articles, nor that he was in the City of Exeter at the surrender, nor an Inhabitant there seven Months before the said Articles; and that if he were comprized, he knew not that the said Petitioner did submit unto, or make Composition for his Estate, acording to the true meaning of the said Articles, and as he ought to have done; and avers, that the Petitioner had not performed such of the said Articles as on his part were to be performed, but had wilfully broken and infringed the same. That he hath been ingaged in secret counsels since the said Articles, against the Parliament, and committed other acts since the Articles, whereby he hath forfeited the benefit of the same Articles, through his own default: And by way of Answer, further also sets forth the same matters of Law formerly insisted upon in his said Plea and Demurrer, whereupon this Court had formerly delivered their Judgements as aforesaid. The said Trustees also put in their Answer, and say, That by the said Act of the 16. of Iuly, 1651. the Petitioners Estate was setled in them upon Trust, to convey the same as the said Act directed; and that in pursuance thereof they have sold to several persons all the said Estate, and do believe that a great part of the purchase-Mony is paid; and claim no other interest in the said Estate, than as persons intrusted as aforesaid; neither know, nor are concerned, why the Parliament have enacted the Petitioners Estate to be sold.

Several persons, named Defendants by the said Petitioner, did also appear, and put in Answers to the said Petition: In particular Matthew Coker of Lincolns-Inne, Gent. saith, That he hath purchased from the said Trustees part of the Mannor of Priestley, being parcel of the Lands of the said Petitioner, and hopes to have back his mony and charges before he surrender: and then he sayes he shall be alwayes ready to do the same. Iohn War and Iohn Borradale say, That they have joyntly contracted with the said Trustees [Page] for the Demeasnes of Bewley in the County of Somerset, part of the estate of the said Petitioner. That how far the Petitioner is concerned in the pretended breach of the Articles of Exon, concerns not them to look at, the Parliament having, as they conceive, sufficiently weighed and determined the interest of the said Petitioner in the said Articles before they exposed his Lands to sale. Nicholas Battely, Iohn Farwell, Edward Bushell, and Iohn Gorges, by their several Answers severally say, That they have contracted for the Lands respectively mentioned in the subscription of the Petitioner to the Order of this Court of Summons of the eighth of December last, with those who they conceive had authority to do the same; and each of them freely offers to submit to what Authority shall do therein. Unto which Answers of the Councel for the Commonwealth, and the said Trustees, and of the said other Defendants, the Petitioner Sir Iohn Stawell replied, avering the truth of his said Petition; and the cause being at perfect issue, Witnesses were examined, and their Depositions published, and by the consent both of Mr. Attorney General, and of the Councel for the Petitioner, the whole evidence taken before the late High Court of Justice, upon the Trial of the said Petitioner before them, was agreed to be made use of by either party at the hearing of the cause. The Court having also received the Answer of the present Commissioners for compounding, &c. sitting at Habberdashers-Hall, London, certifying, That they have no further matter against the Petitioner, than what hath been already signified to the said High Court upon his Trial, by vertue of their Order in that behalf, did appoint this day for the hearing of the whole cause. Now upon full hearing of Mr. Latch, Mr. Harrison, and Mr. Amhurst, on the behalf of the said Petitioner, and of Mr. Attorney General, Mr. Attorney Hall, and Mr. Hurst, on behalf of the Commonwealth, together with Mr. Graves on the behalf of the said Trustees; and upon reading of the said Answers of the said other Defendants, purchasers of part of the Petitioners said Estate, they, nor any of them appearing, nor any for them, although due notice had been given unto each of them of the time appointed for the hearing of this cause (whereof Oath is made) the Court proceeded therein; and upon the hearing of the Evidences and Witnesses, produced on the behalf of the said Petitioner, and of the Commonwealth, and consideration had of what stands admitted and proved before this Court; they do find, and are cleerly of opinion, That Sir Iohn Stawel is within the Articles of Exeter confirmed by Parliament; by which no persons therein comprized, and submitting to reasonable Composition for their Estates, are to be accountable or questioned for any act past by them done, relating unto the unhappy Differences between the late King, and the Parliament; That the Petitioner personally appeared before the Committee of the Militia of London, and subscribed according to an Order in Parliament of the [Page] second of Iuly, 1646. not to bear Arms against the Parliament, nor wilfully do any act prejudicial to their affairs, whilst he remained in their quarters; which we find to be agreeable to the 21. of the said Articles. That he also personally appeared the 24. of Iuly, 1646. being within four months after the said Articles, and presented a Petition to the Committee of Goldsmiths-Hall for Compositions, mentioning therein his Estate to be sequestred, and humbly praying they would please to admit him to Composition, according to the said Articles, and the then Generals Certificate, rendering him capable of that agreement, but his said Petition was rejected. That Sir Iohn Stawel's tender of that Petition in the manner proved before this Court, was a submission to Composition according to the said Articles of Exeter. That he was afterwards by Warrant of the said Committee of the 13. of August, 1646. committed to Ely-house, for refusing to take the Negative Oath and Covenant, injoyned by the Ordinances of Parliament of the fifth of April, 1645. and first of November, 1645. That since that Commitment he hath been continued prisoner in several Gaols, and during that restraint, hath been several times indicted, and brought in question for his life, for acts relating to the unhappy Differences, supposed by him to be done before the granting of the said Articles. That it appeareth not to this Court, that he hath by any act or default of his, lost, or forfeited the benefit of his said Articles, which we find to be approved by the then House of Commons the sixth of May, 1646. and by both Houses of Parliament the fourth of Novem. 1647. who Ordered that Approbation of theirs to be published, and all Committees, Judges, Officers, and other persons concerned, to take notice thereof, and observe the same, any Orders or Ordinances to the contrary notwithstanding. That since his said submitting to compound, the profits received forth of his Estate being ever since until the late sale under Sequestration, and the Damages thereby by him sustained, appear to amount to above 25000 l. That by the Trustees Answer in this case, it appears they have sold all his Estate, by reason of the Act for Sale wherein he is included: And the Defendants, Matthew Coker, Iohn Warr, Iohn Borradale, Edward Bushel, Iohn Farwel, Nicholas Batteley, and Iohn Gorges, acknowledge they have bought of them the said Trustees several parcels of the said Estate. That the said Petitioner Sir Iohn Stawel, being tried for his life before the late High Court of Justice sitting in the years 1650, and 1651. that Court finding him within the said Articles, and that he had submitted to Composition, thought not fit to proceed to sentence, but to certifie his Case to the Parliament: Upon which Articles this Court finds not any Judgement to be since given, but discern themselves impowred, authorized, and required by Parliament, to give relief to persons wronged through breach of Articles, in such sort as is expressed [Page] by the Acts made in that behalf. All which this Court having taken into their serious consideration, and how far the Faith of the Army, and Honor and Justice of the Parliament and Nation are concerned in this, and the like cases, that right be done, and no violation of Articles permitted, after many debates, and mature deliberation had thereupon; and being satisfied in their judgements and consciences, that the Petitioner Sir Iohn Stawell is fully capable of the Relief intended to persons within Articles, by the Acts directing and authorizing the same, and constituting this Court; Do in order thereto, and in pursuance of the power and trust to them committed in that behalf, Resolve, Declare, and Adjudge, That the Petitioner Sir Iohn Stawell hath good right, and by his said Articles ought to be admitted to compound for his whole Estate, real and personal, according to the tenor of the same Articles, notwithstanding any the Settlements, Sales, or Contracts before-mentioned, at such rates, and in such manner, as others comprized within the said Articles have done; and the Commissioners for compounding with Delinquents, are hereby inabled, authorized, and required, to permit the said Sir Iohn Stawell to compound for his whole Estate, as aforesaid: And in respect of those great Losses and extreme Damages which the said Petitioner hath sustained by the Sequestration and Detention of his Estate, and the profits received out of the same for above seven years last past, and by the felling of his Woods and Timber, and otherwise, for want of being admitted to a timely Composition; This Court doth order and direct, That the said Commissioners for compounding do cause an exact account to be made of the Rents, Issues, and profits, received for, or out of the Petitioners Estate, since he first submitted to Composition, and was not admitted thereunto, and do recommend to their consideration the proofs thereof already taken in this Cause, Copies whereof, attested by the Register of this Court, are for that purpose to be presented to them: And if the said Commissioners shall find the same to amount unto, or exceed the Fine or Composition which the said Petitioner ought to pay, according to the rates prescribed, and allowed by the said Articles of Exeter, That then the same be allowed, accepted, and taken in lieu, and full satisfaction of such Fine or Composition so imposed upon, or to be satisfied by the said Petitioner Sir Iohn Stawell, according to his Articles; otherwise the defect (if any happen to be) is to be supplied by him the said Petitioner: And if any surplusage or overplus remain, the said Commissioners for compounding are hereby ordered and desired to certifie the same unto this Court. And upon such computation, and satisfaction made as aforesaid, the said Commissioners are hereby directed and authorized to give their Order for such acceptance of the Petitioners Fine and Composition, [Page] and to give the Petitioner a Discharge accordingly: and they are desired to give him all fitting expedition in the premises. And it is further ordered, adjudged, and declared by this Court, That after the making of the said Composition as aforesaid, the said Petitioner Sir Iohn Stawell shall have the Liberty and Indempnity of his person free from any further restraint or imprisonment, according to the true meaning of his said Articles: and that all Bayl, or other security, entred into by the said Petitioner, or any other person with or for him, touching his true imprisonment, be thereupon delivered up to the said Petitioner, and vacated and discharged; and that he be in the mean time permitted, upon the Bayl already by him given, to prosecute and attend the perfecting of his said Composition, without let or molestation. And that the said Petitioner Sir Iohn Stawell, from and after such Composition as aforesaid, shall have the possession of his Estate, freed and discharged from all Sequestrations and Seizures whatsoever, and shall injoy the same, without any claim, demand, impediment or molestation of the said Trustees, or of the Survivors and Survivor of them, their or any of their Heirs. And this Court doth further award, order, and judge, That the Trustees for sale of Lands and Estates forfeited to the Commonwealth for Treason, do upon sight of this Order and Award, stay and forbear all further proceedings in the Sale or Disposal of any the Lands and Estate of the said Petitioner Sir Iohn Stawell, remaining unsold (if any such be,) and if any part of the Monies remain unpaid, for any Lands belonging to the Petitioner, already contracted for and sold, that they likewise forbear to demand or receive the same, or to make any further proceedings touching the same, or intermeddle any further therewith.

And it appearing unto this Court, by the answers of the said several Defendants, Matthew Coker, Iohn Warr, Iohn Borradale, Nicholas Battely, Iohn Farwell, Edward Bushell, and Iohn Gorges, that they have contracted for, and purchased some parts and parcels of the Petitioners Lands and Estate, mentioned and referred to, in and by the Answers afore mentioned, the detention whereof is to the prejudice, and tending to the disherison of the said Petitioner, and contrary to his said Articles; This Court do order and adjudge, That from and after the perfecting of the Composition aforesaid, and notice given thereof, and of this Order and Judgement, the said Matthew Coker, Iohn Warr, Iohn Borradale, Nicholas Batteley, Iohn Farwell, Edward Bushell, and Iohn Gorges, do forthwith restore unto the said Petitioner Sir Iohn Stawell, and his Heirs, the full and peaceable possession of all and every the premises by them purchased, as aforesaid; and that after the making of the said Composition, the said Petitioner and his Heirs, shall and may peaceably and quietly hold and injoy the same Hereditaments, with their and every of their members and appurtenances, [Page] freed and discharged of and from all claims, charges, and incumbrances, in any wise occasioned by or under them the said Defendants, Purchasers respectively; And the said Trustees, and the Survivors or Survivor of them, or any of them, their, or any of their Heirs, or any person or persons, claiming by, from, or under them, or any of them, in as free and ample manner, as if the said last mentioned premises had not been sequestred, or vested, or settled in the said Trustees and Purchasers, or any of them; and as if no such Settlements, Contracts, or Sales, had been had or made. And the said Trustees at Drury-House, and also the said Matthew Coker, Iohn Warr, Iohn Borradale, Nicholas Batteley, Iohn Farwell, Edward Bushell, and Iohn Gorges, and every of them, and all others, who are or may be any way herein concerned, are upon notice hereof, to give their observance hereunto accordingly. And it is lastly Ordered and Declared, That the Petitioners bringing the present cause to hearing against the aforenamed Defendants, shall be no bar to him to proceed further upon his said Petition against other Defendants already named, or who shall be hereafter made Defendants to the said Petition; but that hee may prosecute such persons upon the ground of his said Complaint, so far as he shall see occasion, and be advised; and upon the same Petition, if cause be, bring those causes also to Issue and Judgement, in order to his just Relief; The now Award and Judgement given in this Cause, or any other matter or thing herein contained to the contrary, notwithstanding.

This is a true Copy, Tracy Pauncefote, Regist.

Io. Bradshaw

Edw. Whalley

Edward Cook

William Bosvile

Anthony Samwell

Owen Rowe

Iohn Hayes

Clem. Oxenbridge

[Page]NOw that they have in the proceedings of my Cause used all diligence,The Judgement proved to have been given by the Court in pursuance of their Trust and Power. and precaution needful and possible for the discovering of the truth, appears by the Decree it self, wherein the same are briefly mentioned, and that in the relief they have thereby been honorably pleased to afford unto me, they have pursued the Power and Trust committed to them, appears by the said Acts of Parliament, before recited, whereby when there shall appear any right due to the party complaining by vertue of such Articles, and yet denied, and not duely performed, or any violation thereof made, they are in every such case authorized to give unto the party complaining, relief and redress, so far as in Iustice they ought to have by the said Articles, by restitution in specie of what hath been taken, recovered, or with-held, but without charging any further costs or dammages against the Common-wealth, or against any person or persons against whom the Complaint is made: And it is thereby further Enacted, That their Certificates, Orders, and Awards, shall be binding and conclusive unto, and be obeyed and observed by all Courts, Committees, Commissioners, Magistrates, Officers, person and persons, who are by the said Act injoyned and required to observe the same, any Law, Order, or Ordinance to the contrary in any wise notwithstanding,

These are the express words of this Act, whereby the said Commissioners have power, when it appears unto them that the party had right, to give redress so far as in Justice he ought to have by the said Articles; and by them I was to be admitted to my Composition at two years value, and upon making of it, to have Indempnity for my person, and injoy my Estate, and all other Immunities, which is a benefit my Articles allow unto me: It appears plainly they were by the words of the said Act impowred to decree this unto me, by restitution in specie, as they have honorably and justly been pleased to do; Which Judgement and Order of theirs is by the Authority of the said Act binding and conclusive unto, and ought to be obeyed by all Courts, Commissioners, Committees, and persons, any Law, Order or Ordinance (and consequently, the said Act for sale of my Estate, which is a Law) to the contrary in any wise notwithstanding.

You see by this, that the said Commissioners for giving relief upon Articles, have, in giving their Judgement and Decree before recited, strictly pursued the Power and Trust committed to them by the said Acts.

But this will yet appear more plainly, if we consider what was the intention of the House, who where the makers of them, by those Provisoes before-mentioned, which were inserted into, and rejected out of the said several Acts, according to that general maxim,

Exceptio firmat regulam in non exceptis,

[Page]And first to begin with the Provisoes inserted into the said Acts; By that which is added in the bottom of the said first Act; It is provided, that nothing therein contained should be construed to controle an Order or Ordinance dated the 9. of December, 1643. touching Lin Regis, and the Articles agreed to at the rendring thereof; But that the said Order or Ordinance should be as good and effectual in Law, as if that Act had not been made.

Is it not clear by this Proviso, That the House conceived the said Commissioners had power to controle and make void that Ordinance (which had the same vigor as a Law, at least whilst the said Parliament was sitting) and therefore put in this Proviso to restrain their power in this particular? Thereby, according to the said Maxime, confirming it unto them in all other cases. Nay, is it not as clear, that by the latter words of that Proviso, whereby they do provide, That Ordinance, and the proceedings thereupon, should be as good and effectual in the Law, as if the Act had not been made, they did sufficiently declare their Intentions to be, That by the same Act, they did themselves revoke all Acts and Ordinances made to the prejudice of any persons that were comprised in Articles, and the Commissioners by their Decrees were only to apply that remedy to the particular persons who were capable of the relief which was most honorably granted by the Parliament, unto all persons who had right unto it, by repealing all the Laws, Ordinances, and Orders made to the contrary? Whereby it will then follow, that the Act made for sale of my Estate, the 16. of Iuly, 1651. is by the said Act of the 29 of September, 1652. repealed and void, as unto me, and in my Case.

Is it not also plain by the last Proviso in the said Act of the 29. of September, which provideth, That where a question riseth before them upon Articles not confirmed by Parliament, the Commissioners shall resort to the Parliament, for their Resolution, before they proceed therein, further than to stay proceedings at 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[Page]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.

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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,The Certificate of Mr. Lawrence his Uncles: 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 [Page] 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 the Petitioner.This was no hard bargain. And so upon the whole matter it cost the Petitioners Father, but Two thousand three hundred pounds to have this Estate of near Three hundred pounds by the year thus settled. And as touching Depopulations made by Sir Iohn Stawell in the parish of Cothelestone, mentioned in the aforesaid Petition; I well know (having been the most part of my time a near neighbour unto that place) that Sir Iohn Stawell did give full satisfaction to all such Tenants whose Estates he redeemed, being for the inlargement principally of his Courts, Orchards, and Gardens about his House, and for such as wanted houses, and had no other dwellings, he either bought or gave them houses in other places to their full content, who were better pleased with their Bargains, and such Exchanges, then with their former Estates; And that the Depopulations complained of, may the better be understood, pray give me leave to inform you, that there were but five small Tenements which were so compounded for, worth about thirty pounds by the year in the whole, and there are yet remaining in the said Parish ten several Tenements and Cottages, which are injoyed by estates by him granted, which are worth above one hundred pounds by the year, and the Demeasns of Cothelestone lying within that Parish were never known to be less worth then Two hundred and seventy pounds by the year, and with those additions complained of, they are not now worth (as is conceived) above three hundred pounds by the year, as they are annexed to Sir Iohns principal House. Besides this, there hath been four hundred Acres of land by estimation, divided into thirty Acre Tenements by Sir Iohn Stawell, and are annexed unto the Mannor of Cothelestone, upon many of which Tenements, houses are built, and Familes do live, which in former times had not a house standing upon it, and inlargeth that Mannor much more than it was before.

And whereas in the said Petition it is thus expressed, that it [Page] would be a very great cruelty and injustice, by not making good publick Sales, to sacrifise to his Rage and Revenge all the well-affected people of fifteen or sixteen great Mannors: I cannot conceive any reason of this expression; For Sir Iohns Tenants are so well affected unto him, as I have not heard (five only excepted, whereof the Petitioner is one) that any have bought a greater interest in his Lands, then what hath been of his own granting; and I suppose, it will be conceived a great mercy unto them to be restored to him, who hath ever been a good Land-lord unto them, and stands obliged to the making good of their former Estates.

And I Iohn Lawrence do likewise say to that part of the Petition that avers, That the Petitioner was totally ignorant of the Articles of Exeter, or any pretence of the said Sir Iohn Stawell to the same, he is very much mistaken, for that I my self told the Petitioner, That Sir Iohn Stawell had right to the Articles of Exeter, and that the truth thereof was known to most men by the publick Trial he had received for his life at the High Court of Justice, where his Articles were pleaded, allowed, and his life thereupon preserved, and did advise him not to proceed further in his Purchase intended.

Wherefore we the Petitioners Uncles, do humbly conceive, That his Petition in many things wanteth a good foundation, That it affordeth no right to the memory of his deceased Father, and setteth forth great unthankfulness unto Sir John Stawell, who hath been alwayes kind to our Name and Kindred.

Robert Lawrence, John Lawrence.

November 24. 1654.

The relation and dependance, which the Grandfather, Father, and Family of Mr. Lawrence have alwayes had upon my Predecessors, and my self; And those good offices we have formerly received from them, in the occasions wherein we have from time to time imployed them, joyned to the just acknowledgement of those advantages received from us, which is according unto Truth and Justice now publickly declared by his Uncles, are a sufficient motive to me not to reproach the now Petitioner with his ingratitude and falshood towards a Family and person to whom hee ows the Fortune he now possesses; Besides, I have a hope, that the just reprehension of two Uncles, the Elders of his Family, and who may challenge a respect and duty from him, will make him sensible of that foul Error he hath committed, in seeking by indirect means our Ruine and Destruction, as he hath done, which is the cause [Page] I leave the further handling of this point, and pass unto the next, wherein, Mr. Lawrence is not more truly informed touching the Condition,Mr. Lawrence his mistake in representing my condition. in which he pretends I am, than in those other slanders, wherein I have already shewed how grosly he is mistaken: For neither hath my Wife purchased my principal place of Residence, or any other part of my Estate for the use of me, or my children, or fifteen hundred pounds per annum mo [...]e, by her Assigns and Friends, as Mr. Lawrence doth suggest: Nor have I since the time that my Estate was first sequestred, received any the least profit, or subsistence, by allowance, out of it. And what opinion soever he hath of my Right and Title; Truly, I would not give consent, that any Friend of mine imployed by me, should put so mean a value upon the Publick Faith and Honor of the Parliament, Armies, and the whole Nation ingaged for the performance of my Articles, as to become Purchasers of any part thereof at ten years Purchase, considering, That I am to be restored unto it upon the payment of two years value by my Articles: The performance whereof Mr. Lawrence hath surely no just reason to oppose, with so much Passion, Falshood, and Ingratitude, as he hath done, that he might keep unto himself a part of my Inheritance; Unless he hath some wayes abused the Commonwealth in the said Purchase, and is therefore loath to receive a satisfaction in value from them, which could be no prejudice at all unto him, if he hath given a full consideration for the same.

The objection touching the Act of confirmation answered.The last thing, and which is most insisted on by Mr. Lawrence, is, the Act of the 13. of October, 1653. made by the Little Parliament, for confirming and establishing the sales made of my estate, or goods, in the possession of the Purchasers: And for the better strengthing of it, many reasons are therein offered of profit to the State, and of convenience unto the Purchasers, why the Purchase made by the Petitioner, and others, of my Estate, should not be questioned: Unto all which I give this Answer.

First, That the Act before mentioned is meerly void in it self.

And secondly, The same is Repealed and Declared absolutely void by the Fortieth Article of the present Government: Of both which points, I shall speak briefly as they lye in order.

First, It is a Case adjudged, and reported by the Lord Cook, L. Cook 8. Rep. Dr. Bonhams Case. That where an Act of Parliament is contrary to common Righr and Justice, The Common Law doth in that Case controle an Act, and makes it void; whereof many examples are there mentioned. Now this Act made by the Parliament (a body Politick) who by the confirming of my Articles, were parties to them, is contrary to common Right and Iustice, because by confirming the sale of my Estate unto the Purchasers (which according to the Articles of Exeter, the Parliament were in Honor and Justice [Page] ingaged to restore unto mee upon a Composition) They overthrow all Articles, whose very Essence and Being consists in this, That they are binding, and conclusive to both parties, which cannot bee avoided, but by a mutual consent, and consequently they have therein opposed Common Right, and Iustice, upon which the mutual bond of Articles is grounded, whereby their Act, according to the said Judgement, reported by my Lord Cook, is meerly void.

And secondly, The same is void, because the right of Articles is a Contract grounded upon the Law of Nations, which being a Law Paramount and Superior to that of any particular Country or Nation, controles all Laws, and Ordinances made in opposition to it.

But if the said Act bee not for these Reasons void in it self (as I do in some cleerness conceive it is) Yet nothwithstanding it is absolutely void by the fortieth Article of the present Government; Whereby it is Provided and Declared, That the Articles given to, or made with the Enemy, and afterwards confirmed by Parliament, shall be performed, [...]d made good to the persons concerned therein; Any thing in the said Writing, or otherwise to the contrary nothwithstanding; So as this Act is repealed, and made absolutely void by the express words of the said Instrument; the Basis and Foundation of the present Government, which his Highness hath by his Oath promised to observe without any violation: And unto which, Mr. Lawrence is surely not well advised, to oppose this Act, being an Officer, who in his present imployment doth act by vertue of, and in obedience unto the form of Government which hath repealed it; as may appear by a Certificate of the Commissioners for relief upon Articles of War, returned by them in an Answet to a Reference unto them from his Highness of the 25. of Ianuary, 1653. Which Certificate followeth in these words;

To his Highness Oliver Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging.

May it please your Highness,

IN pursuance of several Acts of Parliament, authorizing us to give relief to persons within Articles,The Certificate of the Court of Articles. We did the 14. day of October, 1652. receive the Petition of Sir John Stawell; And after many solemn, and deliberate Debates, and upon hearing as well what could be alleaged by some of the Defendants to his Complaint, and Purchasers of part of his Estate; as also by Mr. Attorney General, and the rest of the Council on the behalf of the Commonwealth; We did upon the 15. day of [Page] August last past, deliver our Iudgement in the cause, and did declare therein, that the benefit of the Articles of Exeter did justly and properly belong unto the said Sir John Stawell, as by the Decree and Iudgement of this Court, relation thereunto being had, may more at large appear, wherewith Your Highness will, by the Petitioner, be attended, when it shall be your pleasure to peruse the same.

Now upon your Highness Reference made to us, the five and twentieth day of Ianuary last past, relating to the Petition of the said Sir Iohn Stawell, and authorizing us to give the Petitioner speedy relief, or otherwise to certifie to your Highness the obstructions we found therein; We have, in observance thereof, and upon the Petition and Motion on Sir. Johns behalf, reviewed our former Iudgement; and upon hearing his Council, who informed the Court, That the Petitioner in pursuance of our Iudgement, had made application to the Commissioners for compounding with Delinquents, desiring to be admitted to a Composition for his whole Estate, according to the Articles of Exeter, and our said Iudgement thereupon, but could not obtain their admission thereunto; By reason whereof, the said Articles, as to him, and our said Iudgement, were rendred fruitless, and ineffectual, in regard the benefits and priviledges allowed by the said Articles and Iudgement, were to operate after Composition made and perfected; The Court taking consideration thereof, thought fit to be informed from the said Commissioners for compounding, upon what grounds their said Iudgement given in this cause was not observed, and the Petitioner admitted to composition accordingly; For which purpose they directed an Order to them the 8. day of this instant March, to which, the 10th. following they returned an Answer under their hands, to this purpose, That Sir John Stawell had Petitioned to compound the first of September, 1653. according to Exeter Articles, which Petition they referred to their Council to state his case in order to a Composition; But before the Fine came to be set, viz. The 15. of September, 1653. The Parliament resolved, that the Purchasors of Sir John Stawells Estate, should quietly possess and enjoy the same according to the several Contracts made with the Trustees; and upon the 13. of October following, an Act was passed for confirmation of the sale of the Lands and Estate of Sir John Stawell, by which Resolve and Act, the said Commissioners conceived themselves tied up from Composition with the Petitioner, for any Estate, save for what is unsold, which they declare themselves ready to do. And the said Commissioners do also insist upon an Ordinance made by your Highness and Council the 10. of February, 1653. by which they say they are not impowred to compound with any Delinquents, save onely with the persons named in the last additional Act for sale, and with such Delinquents as shall discover any part of their Estates not being under Sequestration. Upon serious consideration and debate whereof, this Court being satisfied that by the Fortieth Article of the present Government produced in Court, confirming Articles of War made with,[Page]or granted to the Enemy, and afterwards confirmed by Parliament, any thing in that writing, or otherwise, to the contrary nothwithstanding; That objection of the Act made in October last is removed; Do nevertheless find, that for want of due power in the said Commissioners for compounding, being so limitted as aforesaid, the Petitioner Sir John Stawell cannot attain the relief meant and intended him by his Articles, by the Parliament confirming the same, by the Acts constituting this Court, by the Iudgement of the same Court, and as they conceive by your Highness also; which being the sole impediment, and onely at present, as we apprehend, removeable by Your Highness and Council, in the further communication of power to the said Commissiioners, wherein also we find divers other Petitioners before us, in like manner concerned; This Court much resenting and commiserating the Petitioners pressures and grievances through want of effectual Iustice, humbly submit the premises to your Highnesse's consideration and judgement, to do and direct further herein as to your Wisdom and Iustice shall seem meet,

Io. Bradshaw

Will. Underwood

Matth. Sheppard

Iohn Ireton

Iohn Hayes

Edw. Whalley

Clem. Oxenbridge

William Bosvile

Tho. Mytton.

Queens-Court Westminster, 15 March, 1653.

This is a true Copy, Exam. Tracy Pauncefote, Regist.

THe right I have to my Estate upon a Composition according to my Articles, notwithstanding the said Act of confirmation, appears clearly by this Certificate; and the restoring of it unto me will not be so destructive to Mr. Lawrence, as he pretends, (satisfaction being made unto him of what he hath disbursed) because upon the restoring of my Estate, his Lease also is revived, and the forfeiture by Feoffments, or otherwise (if any were) is purged, neither can he be prejudiced by any penal Covenants, and Bonds to warranty, in regard the disability to perform them, will in this Case proceed from the Law, not his Laeches, or default.

THere now remains nothing for me to answer, but the Reasons therein mentioned for the establishment of publique Sale;Authorities and Reasons why publick sales made contrary to Articles should be va [...]ted. unto all which I give this general Answer; That they proceed upon false and mistaken grounds, proposing Profit, Security, Advantage,[Page]and conveniency unto the State, and private Purchasers, as the chief end, which they prefer before those great and sacred tyes of Honor, Faith, and Iustice, recommended unto us by the Word of God, and most religiously observed in all ages, by the most famous Common-wealths, and renowned Generals, who have upon occasion always preferred the bond of Honesty, and in particular the punctual observance of their Promises unto an Enemy, before those things that were of highest consequence and advantage to them.

Plutarch in the life of Aristides THemistocles did once propose to the Athenians (a famous Common-wealth among the Grecians) that he had a design to render them the Masters of all Greece, the effecting whereof was most infallible and easie, but might not be imparted to the people, and did therefore desire their consent, and Orders for it; The Athenians, before they would give their consent, commanded him to propose it to Aristides, who was then renowned for his great Valour, as a worthy General, but much more famous for his love to Justice; The design being communicated by him to Aristides, he let the people know, that what Themistocles proposed would be indeed of very great advantage to them, and was in the performance of it easie, but that withall, it was not honest to be done, being to fire the Spartans Fleet, which lay in all security upon their Coast, trusting unto a Truce between them; The Athenians, upon the hearing of this report, forthwith rejected the Propositions of Themistocles, preferring the considerations of Honesty and Iustice, before all those of Profit and Advantage.

Sir Walter Raleighs History of the World 1 part 5 Book. ATtilius Regulus, a Roman Consul, in the first Punick War, chose rather to expose himself unto, and suffer death by an extremity of torments, than violate his Faith given to the Enemy.

Plutarch in the life of Mar [...] Anthonie. SExtus, Son to the great Pompey, refused to consent unto the breach of Articles made with Mark Anthony, and Augustus Caesar, although he might thereby have been with ease the Master of the then known world, onely by cutting of a Cable, and carrying away with him to Sea those famous Generals, who doubted not to put themselves under his power, relying for their security onely upon the sacred tie of Articles.

There may be multitudes of these Examples found out in History among the Pagans, who had no other rule to guide them, but the Law of Nature, and the sense of Honor; But among Christians, the practice of it is strictly recommended to us by the Law of God, and our own Country can furnish us with many presidents upon this subject.

[Page]THe Protestants in France, during those Civil Wars which happened there,Davilae's History of the Civil Wars 1 part and 3 Book. about the fifth year of Queen Elizabeth, delivered into her hands the strong Town of New-haven in Normandy, into which she put a Garison of 3000 men, commanded by the Earl of Warwick, a person of great Honor and gallantry. All France takes an Alarm at their arrival, as being very sensible of their known valour, and just pretension to that Province, and a great army is presently drawn round about it to the siedge thereof; the English scorn their Attempts, and the great valour of the noble Earl had rendered all their expectations frustrate, had not a fatal and sudden Plague fallen among the Souldiers, which in a few daies consumed the greatest part of the besiedged, and forced him to capitulate for rendring of the Town unto the French, which he could by no means have longer kept; Scarce were the Articles agreed upon, and fully perfected, but that the English Fleet consisting of sixty sail of ships, well furnished with men, and all provisions needful, appeared in sight of the Town; but the noble Earl, who had already passed his Faith for rendering of the Town unto the French, judging it to be dishonorable to break his word (although to continue our possession in France) gave notice to the Admiral, of what had past, and quitted it unto the French, giving thereby a great example of his Faith and Iustice, whereby he merited a favorable reception from that noble Princess, and found an honorable place in history,

THe Case of Sir Iohn Scudamore is directly the same with mine, in all its circumstances;Rot, Parl. 1 [...] E. 4. Menbr. 22. Nu. 31. he commanded for King Henry the Sixth, the Castle of Pembrook, when Edward the Fourth having defeated him recovered his Right, and was acknowledged King of England; the Lord Herbert was imployed by the new King to reduce that Castle held by Sir Iohn Scudamore, who surrendered it to the Lord Herbert, upon Articles to have his life and his estate preserved unto him; notwithstanding which Articles, he was by the malicious practise of some enemies put into the Bill of Attainder past in the Parliament of the first year of that King, for the attaining of the Servants and party of the late King Henry the Sixth, and his Estate was thereby confiscate, with a Proviso, that it should not extend to deprive him of his life, on the possession of his Goods and Chattles. His Lands by vertue of that Act of Parliament were seized into the Kings hands, and divers of them granted over unto others; Sir Iohn Scudamore at the next Parliament preferred his Petition, setting forth his Case, and prayed relief upon his Articles, and upon proof thereof made, and by producing the Certificate of the Lord Herbert (whereby it did appear such Articles were granted to him) The Bill for his Attainder was reversed, the Grants of the Estate [...]acated, and he restored to the possession of it; [Page] Which is my very Case, without any difference at all, save onely this, That he was by that Judgement settled again in his estate, which I am yet in expectation of, by vertue of the sentence given for me in the Court of Articles.

I will conclude this Point with one example drawn from the Word of God, which is the best Authority, and ought to be the guide of all our actions.

Josh chap. 9.WE read in Ioshua, That God himself by his Decree (infinitely more just and binding, than any Act of Parliament) had appointed all those Nations who dwelt within the Land of Promise to be destroyed root and branch, and given their Lands unto the Israelites; Ioshua was sent by God, to put this his Decree in execution, with an Army; The Gibeonites (who were one of those Nations that were to be extirpated) sent their Ambassadors, and by a cunning slight (which in the Scripture is expressed at large) deceived Ioshua, and procured Articles by surprize from him, for preservation of their lives, which Saul after some hundreds of years infringed, by killing many of them for the accommodation of the Israelites;2 Sam. 21. God was pleased himself to take in hand their Quarrell, and punished the whole Land with a great Famine for that offence, which did not cease untill that breach was expiated by the execution of seven male persons of his Family.

Here we are taught by a divine example, how strictly hee requires from us the due performance of all Articles, since God himself (who is above all Laws) was well contented to dispense with his immediate command, rather than to permit a violation of them, that we might thereby know by his proceedings, that the breach of Articles is a foul crime, which cannot be advised without impiety, nor put in execution without punishment.

THese great and weighty considerations of Honor, Publique Faith, and Iustice (whereof perhaps the narrow heart of Mr. Lawrence is not capable) induced the Noble Army in their Petition to the late Parliament of August 12. 1652. to make it one of the weighty Clauses of their Request, That the Articles of War made unto the Enemy, might be made good according to the intent of them; Which Petition by order of the Council of War was presented by six Honorable Officers of the Army, and had a very favorable and gracious Answer. And upon these motives it was that the late Parliament was pleased to pass those Acts, whereby the Court of Articles was constituted and impowred to give relief to all that should be damnified, or molested, contrary to Articles, who in pursuance thereof, have by their just and honorable sentence adjudged that I should be admitted to Composition, and be restored to my estate, which hath been also since confirmed by the Fortieth Article of the present Government, and promised by his Highness, who hath obliged [Page]himself to the observance of the same; The benefit whereof, I do with all humility and confidence expect, notwithstanding the perfidiousness of Mr. Ash, and the ingratitude and passion of Mr. Lawrence.

The Conclusion to His Highness the Lord Protector.

May it please your Highness,

I Have not dedicated this Vindication of my Remonstrance unto you, because I neither hoped, nor thought it necessary, That it should be presented to your view. I have in writing of it had no design, but only to cleer my self of those Slanders, which the Passion, and private ends of some particular interested persons would fix upon me; and that in doing of it, I might declare unto the world how just and equitable the proceedings were of those two great and Honourable Courts, who by the blessing of God, have preserved my life, and adjudged me capable of my Estate, upon a Composition at two years value, according to my Articles. It is by their two sentences, that I conceive my Innocency is evidenced sufficiently to your Justice, and it is only from your Goodness, that I expect to reap the fruit of their Judgements, when you shall be gratiously pleased to impower the Commissioners sitting at Haberdashers-Hall, to receive me to Composition, which being denied unto me by the Committee at Goldsmiths-Hall, when I first tendered it, I am now, by Decree of the Court of Articles, inabled to make before them.

The summe of my humble Petition to your Highness (now lying before your Councel) is, not that you would exercise a Legislative power in favour of me, by repealing the Act of Parliament made for the sale of my Estate, or of that Act which after past for the confirming of the Purchasers Estates (in respect the first of them is already declared void by the solemn Judgement of the Court of Articles, and the objection touching the latter of them, is removed by their Certificate formerly presented to your Highness, grounded upon the Fortieth Article of the present Government, confirming Articles of War, made with, or granted to the Enemy, and afterwards confirmed by Parliament, any thing in that Writing, or otherwise, to the contrary notwithstanding) but that you would be pleased by you Order or Direction, to Authorize those Commissioners to compound with me for a Fine now belonging to your Highness, by the form of Government, and to the making of which, I am to be received [Page] according to my Articles, and the Judgement given thereupon (to the strict observation of which, your Highness hath sufficiently declared your Honourable intentions, in taking a solemn Oath to observe that Instrument without violation, into which this Article is inserted) leaving me for further relief, to the said Court, according to your former Reference.

Your Highness will in doing this, not only follow the bent of your own inclinations, but also exercise an act of highest charity and goodness, towards an oppressed miserable person: And certainly, among those actions which our humanity is capable to execute, there can be none that carries in it self a stamp of the Divinity so perfect, as when an eminent person imployes the full extent of his whole power in relieving graciously the miseries of humane kind: How great and weighty soever your Highnesses occasions may be at present, I doubt not but some small time will be found out for this, when you shal consider how conformable this action wil be unto his goodness, who doth in a peculiar manner appropriate unto himself the name of being God of the afflicted, and who vouchsafes to look down from his high Sanctuary upon the earth, That he may hear the mourning of the prisoner, and deliver the children appointed unto death.

Wherefore, I shall with great assurance hope, that your Highness will not abandon me, and mine for ever in the shades of death, but imitate so great and glorious an example, by giving an end to all our sufferings; That being declared capable of my Estate, by Iudgement of the Court of Articles, I may obtain the actual possession of it by the assistance of your Favour and Iustice.

FINIS.

§

[Page]

SIR,

UNderstanding by you the other day, when I met with you accidentally in the Temple,This Letter of Sir Anthony Irbies, and reply of Sir David Watkins, came not so timely unto me as to be inserted in a proper place. that you had an intention shortly to publish something to vindicate your Remonstrance against a Pamphlet written by Mr. Iohn Ashe, and finding that he hath also therein made me a co-partner with you in his displeasures; I shall acquaint you with an Answer to so much as concerns my self, and all men else if you think fit to publish it; Although I regard not much what such men as himself do either say or write in their own Cases; especially, having done such acts, which if he did not endeavor to make good by writing (which is too common now adayes) being the least he can do to boulster out his Cause, would undoubtedly lye very heavy upon his Credit.

In the Pamphlet Entituled, An Answer of the Purchasers of the Lands late of Sir John Stawel, &c. page 53. and 54, is related the Testimony I gave to the Committee sitting in the Star Chamber, with my Answer to the cross Examinations, I think truly related, which I do avow to be truth, and will maintain to be so on any ground in the three Nations.

Upon which, in pag. 56. they are pleased to make some Observations; First, That if Sir Anthony means the Calender time, he says true, for Sir John Stawel appearing first the sixth of August, came within the time limitted.

First, I do aver that Sir Iohn Stawel petitioned the Committee sitting at Goldsmiths-Hall, in Iuly, 1646. and so his first coming was before the sixth of August, and so my Testimony is true, wherein I say, that he came within the time limitted by his Articles; Which Sir David Watkins also testifies, and streightens it to a lunary moneth, which I had no reason to do, being a thing so long passed, and might have slipt out of a better memory than mine; Neither doth Mr. Michael Herring, in his Examination, in pag. 38, and 39, affirm any thing to the contrary; so there is no Gens contra Gentem, as is falsely alleadged in pag. 56.

But for the allegations in pag. 66. That Sir John Stawel did not appear untill the sixth of August, there lieth a foul treachery under that, which Mr. John Ashe can never wipe off, which plainly demonstrates his early intentions to ruin you; And that was, in a Clandestine Order or Warrant (as I may justly call it) made the fourth of August, 1646. expressed in p. 26. of the same Book, which there saith in the body of that Order or Warrant, (Now forasmuch as you have neglected to make your appearance to the said Committee, or to any other Committee of Parliament, notwithstanding the time allowed by the Articles of Exon, upon which you pretend you come in, are expired:) Now consider, the malice and falsehood of this Order or Warrant; I do beleeve, few or none of the Committee [Page] knew of it; I have spoken with several of them, since the publishing of the aforesaid Pamphlet, and they deny the knowlege of it, and I protest so do I, best known to Sir Iohn Stawels great friend, and framed by him out of the love and tender respect he did bear to his old Master.

False it must needs be; for how could it say, that Sir John Stawel had neglected to appear before this, or any other Committee, when Sir Iohn Stawel had appeared at, and petitioned to the same Committee the week before?

And further, how could it truely say, that Sir Iohn had forfeited the benefit of his Articles for not appearing before the fourth of August, when in the page 56. it is acknowledged, That the sixth of August, (which was two days after according to the Calender account) was within the time of his Articles? I have heard this Order or Warrant was like to have cost you dear at your Trial; But this was the Child of your loving Servants brain, the man who most favored you at the Committee, and I, the violentest man of all against you, knew nothing of it; And therefore again, Sir Anthony Irby disownes the Order or Warrant of the fourth of August, as not true, and so by this, Sir Anthony Irby the Commissioner, and Sir Anthony Irby the Witness, agrees very well, and full together, though most falsely otherwise related in page 56.

And whereas in the same page afterwards, they say in their observations upon Sir Anthony Irbyes Letter or Testimony, wherein is expressed, We gave him eight, or ten days, or a fortnights time, that by that time, the time given him by his Articles would be out, that we might deal with him the better; They charge Sir Anthony to be too severe in his Iustice, or rather unjust, neither can he be excused of casting snares in Sir Iohns way, to satisfie his passion (Sir Anthony being the violentest man of all against him) though to the breach of the Faith of the Army aud Nation.

For Answer to which, I say, First, It is onely their bare affirmation, that I was the violentest man against Sir Iohn Stawel, and no proof at all, and therefore my No, is as good as their Yea.

Secondly, Why should that be imputed or charged upon me, more than upon the rest of the Committee? why might not I beleeve Sir Iohn Stawel (having so good an Estate to compound for) might within that time submit to that they propounded, and so compound for his Estate, or in that time the House of Lords might pass the Articles of Exon, and so might without any scruple be admitted to Composition, without taking the Oath or Covenant, or the Negative Oath? But Sir Anthony Irby admireth, that Mr. Ashe, or any other should charge severity or injustice upon him as aforesaid, that framed or consented to that Order or Warrant (term it what you will) of the fourth of August, 1646. expressed in page 26. There you have an habemus reum confitentem, and Sir Anthony Irbies Testimony touching Sir Iohn [Page]Stawels carriage at the Committee, sufficiently confined; there you have him violating of the Faith of the Army and Nation, and so mutato nomine de se narratur fabula.

Now Sir, to Answer that which that honest Gentleman Mr. Iohn Ashe saith, in a book written, annexed to the former Book, p. 17. where his Iustice dealeth with me as formerly concerning that part of my Testimony wherein I mention what passed betwixt Sir Edward Bainton and my self at Sir Abraham Williams his house; That I should call that a Mannor, which he saith is but a Farm; I confess I might be mistaken in that; for truely in our poor Country, you shall scarce meet with a Farm of near that value; and I dare say, many a considerable Mannor would be bought with that mony in our parts; for (if I be not mistaken) it cost 9 or 10000l. But the Ashe is grown so great now, as things of 9 or 10000l. are but Farmes with him; My gains have been such (after all my service) that I can shew no such Farms bought, or offered to be bought by me, though I have been as serviceable as he hath been.

Sir, About a week or ten dayes after my Depositions were taken before the Committee of Parliament, I was sent for to set my hand to what I had testified there; accordingly I did attend them, and was called in; and as soon as I came in, Mr. Ashe made a Speech to the Committee (being one of them himself). and informed them how well he affected Sir Iohn Stawel, and what friendship and love there was betwixt them; 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 [Page] 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 conld, 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 [Page] 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.

Information about this book

Title statement

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.

Edition statement

1655

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

A67889

ID [STC]

Wing S5352

ID [STC]

ESTC R208228

ID [EEBO-CITATION]

99867194

ID [PROQUEST]

99867194

ID [VID]

119494-01

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A67889)

Transcribed from: (Early English Books Online ; image set 119494-01)

Images scanned from microfilm: (Thomason Tracts ; 160:E1072[4], 249:E1072[4])

Source

— 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..

Extent

[2], 87 [i.e. 89] p.

Printed by T.R. for Henry Twyford, and are to be sold at his shop in Vine-Court Middle Temple,. London :: An. Dom. 1655.. (Signatures: A¹ B-K² k2*¹ L-Z² .) (A reply to: Ashe, John. An answer to divers scandals mentioned in a certain pamphlet, entituled, The humble remonstrance of Sr. John Stawell and other pamphlets.) (Annotation on Thomason copy: "May 18".) (Incorrect numbering: p. 37 misnumbered p. 33, p. 38-39 misnumbered 36-37, which numbering continues until end.) (Reproduction of the original in the British Library.)

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