THE VINDICATION OF SR. John Stawell's REMONSTRANCE, AGAINST A Scurrilous PAMPHLET written by Mr. John Ash; entitled an ANSWER to divers scandals mentioned in the humble REMONSTRANCE of Sr. John Stawell. AS ALSO An ANSWER to a Petition of William Lawrence of Edinburgh, Esq whereunto certain Reasons are annexed, directed to the Honourable the referees of his Highness most Honourable council. With a Conclusion humbly offered unto his highness The LORD PROTECTOR. Written by Sr. John STAWELL. whereunto 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 John Stawell's Remonstrance, against a Scurrilous Pamphlet written by Mr. John Ashe, &c. I HAVE in my Remonstrance formerly made a Profession to fix myself upon that truth which should be avowed upon The Faith of a Christian, and Honour of a Gentleman, and I can with much confidence affirm, that I have not been wanting in the least point to that profession; And I engage myself again, to follow the same course in the ensuing Narrative, wherein, when I shall have demonstrated by clear proofs, and arguments, the wicked, and malicious practices which Mr. John 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 friendship which he pretends, and duty of a person publicly entrusted by the Parliament, I doubt not but the Reader will believe, 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, wherein 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 several Pages of it, and by a feigned discourse, as Void of Truth, as of Civility, persuade the Reader. First, That I never had any intention to compound upon my Articles. And Secondly, That he had always studiously performed the Office of a faithful friend unto me. Now these two points have been already cleared by solemn judgements 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 all 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 tendered it) had not performed either the Office of a friend, or duty of a public person towards me, so that it may appear superfluous to give a further Answer to it, which was the cause I had at first some thought to let it pass, as being a thing which deserved not the trouble of an answer; yet afterwards having more seriously weighed what ill impressions so many shameless and notorious falsehoods might make in those, who are but strangers unto the former proceedings in my Cause, if they perceived them pass 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 judgements, I have thought fit upon these grounds, and for my own vindication from those scandals, wherewith the Author of that Pamphlet hath therein Falsely and maliciously aspersed me, to publish an exact Narrative of all his Actings in relation to my business, from the 15th. of July 1646. (which was the day of my first coming to London upon the Articles of Exeter) until this time, that so it may appear how shamelessly 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 briefly thus. Upon the rendering of Exeter to the Lord general Fairfax, there were some Articles agreed upon between his Lordship, and the governor, dated the 8th. of April, 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 soldiers, and all other persons comprised in these Articles, shall be questioned or accountable 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 general Sir Thomas Fairfax shall really endeavour with the Parliament, that it shall not exceed two years' value of any man's real Estate respectively, and for personal, 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 kingdom by Authority of Parliament. 13. That all Lords, Knights, Gentlemen Clergymen, and Chaplains, excepted in the next precedent Article, shall have Liberty to go unto any of the King's 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 uneffectual, yet nevertheless they shall have four months' 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 thereunto, shall be imposed upon any person whatsoever, comprised within these Articles, but only such, as shall bind all persons aforesaid not to bear arms against the Parliament of England, now sitting at Westminster, nor wilfully do any Act prejudicial unto their affairs, whilst they remain in their Quarters, except the persons aforesaid shall first render themselves to the Parliament, who shall cause them to be secured, if they think fit. Die Mercurij 6. Maij, 1646. THe Articles made and agreed upon between Sir Thomas Fairfax, General, and Sir John Berkley, governor of Exeter, upon the rendition of the said City, &c. to his Excellency Sir Thomas Fairfax, were all this day read, and upon the Question approved. H: Elsing, Cler: Par: D: Com. Die Iovis 4. Novemb. 1647. THe Lords and Commons assembled in Parliament, do approve of the Articles of Exeter, and order this approbation to be published, to the end all people concerned may take notice thereof; And that the Committees, judges, Officers, and other persons concerned therein, do take notice thereof and observe the same, any Orders or Ordinances to the contrary notwithstanding. John Brown Cler: Parliamentor. H: Elsing 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 King's Garrisons, and safe conduct for them to repair unto the Parliament, there to apply themselves for their admission to Composition and Indemnity, and if they failed therein, 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 wherein they should submit unto it. The Articles further providing that no Oath, Covenant Protestation, or Subscription relating thereunto should be imposed on them, but only such as should oblige them not to bear arms 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, thereby signifying, that I was in the said City at the surrender thereof, and was to have the benefit of those Articles which were then agreed upon, which Certificate I forbear to insert here, because it is recited in my Remonstrance, and hath been proved upon my several trials 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, wherein 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 days 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 self for such a Journey, I came to London on the 15th. day of July, 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 July 1646. early in the morning, whilst I was a bed to welcome 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, wherein 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 wrote upon the first sight of my Remonstrance, but then forboreto publish it upon some reasons which he pretends did hinder him from setting out that large discourse. First, in regard that he had answered all the particulars which did concern him before the High Court of Justice to their satisfaction and my confusion. Secondly, because the scandals he pretends, were mentioned in my Remonstrance, were so apparently false, that every one might easily perceive therein a confutation of those things were charged upon him. And thirdly, Because in his respect unto my family he was willing to be silent, lest otherwise in giving answer unto the scandals, wherewith he doth pretend himself to be aspersed (by saying he did clandestinely obstruct my composition) he might do that which he doth now conceive himself obliged unto; viz. Prove that I never intended to compound, but resolved the contrary, flattering myself 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 ruin, 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, lest otherwise his testimony against me might be impeached, and he should be misrepresented 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, whereby the many falsehoods contained in that his Pamphlet will be made evident, I hold myself obliged before examination of them, to show the falsehood, frivilousness, and vanity of those his Reasons. Now as to the first of them, The Answer unto the reason's I cannot but admire the boldness of this affirmation, which is not only contrary to truth, but also to the very judgement of the High-Court of Justice, in the sole point examined by them: For being brought to trial for my life before that Court, I had no other matter to allege 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 myself unto the benefit of them; That all my troubles had their rise from Mr. ash, who contrary to justice and his duty refused my Petition to compound, when I first tendered it according to my Articles, and afterwards caused me to fall into the Parliaments displeasure, by the undue practices hereafter mentioned (which are the Subject of the ensuing Narrative) To prove the contrary whereof Mr. Ashe was produced a Witness on the commonwealth's 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, wherewith I charged him upon my defence, and this point also hath been since decreed by solemn judgement 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 wherewith I charged him be true (as I shall evidently show they are) than the improbability of them is a chimaera only of his own brain, which can nowhere have a subsistence, except it be in his fictitious Pamphlet, the worthy Issue of such a Parent. And for his third Reason, who sees not the absurdity thereof, for if he truly had any respect unto my Family (which he hath ruined) and had for that consideration forborn to publish that, whereby it might appear I never had intention to have compounded (as he surmiseth:) This motive of respect unto them would have been much more powerful 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 whereof depended their fairest hopes) then whilst they could not be prejudiced by that discovery: (The High-Court of justice and the Court of Articles having resolved in my Case, that I had really submitted unto a Composition according to the Articles of Exeter.) Therefore for this man to do this unasked or called for, merely to preserve himself in a capacity to be a Witness against me, and thereby the better to be enabled to ruin 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 days a man of power and usually chairman of the committee at goldsmith's Hall, (with whom I was to make my Composition) gave me an apprehension that I might by his favour reap some considerable advantage in the perfecting of it, and therefore after words of civility and congratulation had passed between us (such as are usual 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 employ 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 than 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 therefore it was probable the price of other Lands would fall on that occasion; whereby 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 Bishop's Lands were about that time appointed to be sold (which was the occasion thereof) 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 entering in of the outermost door of the House, whereof I shall hereafter have occasion to speak more largely. But whatsoever Mr. Ashe's thoughts than were, My subscription as Guild-Hall. I (who had then a thought on nothing more than 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 days after their coming, repair to Guild-Hall London, and there produce their Passes, and according to their Articles engage themselves not to bear arms against the Parliament; or wilfully do any Act prejudicial 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 July, 1646. (being within the time therein limited) as appears by the said Order of Parliament) which together with the said Certificate touching my subscription, hereafter follow. 2. July, 1646. The Order and the Subscription thereupon. 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 ninth 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 arms against the Parliament, nor wilfully do any Act prejudicial 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 days 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 days in the week; viz. Mondays, Wednesdays, and Fridays, 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 certify, That Sir John Stawell, Knight of the Bath, did promise before the said Committee, that he would not bear arms against the Parliament, nor wilfully do any Act prejudicial to their Affairs, while he remains in their Quarters, and thereunto subscribed his name, according to the Order of Parliament in that behalf, dated at Guild-Hall, London, the 18th. of July, 1646. Adam banks 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 goldsmith's Hall (where Mr. Ashe was chairman) wait upon him at his brother's house in Fanchurch Street, and acquainted him with my purpose to petition, desiring his furtherance therein, which he promised, and then informed me of the day that the Committee sat, 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 than myself, did me the favour to transcribe for me, which Petition followeth in these words. For the Honourable the Committee for Compositions sitting at goldsmith's Hall. The humble Petition of Sir John Stawell. Showeth, THat your Petitioners Estate hath been for a long time sequestered, My Petition to compound. and himself reduced to very great wants, which being supplied by the help of his friends, hath added much to his former Debts and Engagements. He humbly prays, 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 July, Mr. Stonehouse did me the favour to accompany me to goldsmith's Hall, The time I preferred my Petition to compound. and coming to the door where the Committee sat, I desired the doorkeeper 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 tendered my Petition to the Committee, and delivered it into Mr. Ashes hands, who having read it, threw it down upon the Table, saying, it was a Remonstrance and not a Petition, and put it from him towards me as far as he could reach for me to receive again, whereupon I told him, I had brought that for him, and had a Copy of it for myself, and so left it upon the Table. He told me, I must confess my Delinquency, before I could be admitted to Composition, and I replied that I came thither to compound for my Estate according to my Articles which did not require me to confess my Delinquency, and withal told him that I had born arms 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 myself 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. I replied, that by my Articles, i was freed from taking any oaths; And i do well remember, that (as i have set it down formerly in my Remonstrance) he pressing me to take those oaths, and to acknowledge my Delinquency, i did at last make him this answer; Mr. Ash, i 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 i did not then know but that they had been so) there was very great reason that my judgement and Opinion should subscribe to theirs; but as for my Estate it was my Servant, and i had a power to command it, but my Conscience was my Master, and had power to command me, and therefore i must yield obedience to it; And since these oaths you offer me are contrary to my Articles, and repugnant to those i have already taken, i desire you will excuse me, if i refuse them. Hereupon Mr. Ash willed me to withdraw, and being called for in again, Mr. Ash told me i was but lately come to Town, and therefore 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 which I was unwilling to do. Hereupon I was again willed to withdraw, and attended without, till the Committee rose, not knowing whether they might have any thing more to say unto me; but having not then heard any more from them, after they were risen I departed home unto my lodging. I have set down this conference at large though I have formerly related it in my Remonstrance because the Reader may observe by it, that I did never in the least kind declare that I had no intention to compound, as Mr. Ash hath with great Impudence and false hood suggested; but on the contrary did apply myself to the committee, and desire to be admitted to my Composition upon the terms prescribed by my Articles; unto which if Mr. Ash and the Committee had given way without enforcing Oaths, and Covenants upon me, from which I was to be exempted by my Articles, I had then perfected the same, & thereby 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 thereupon prefer a Petition to the house thereby 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 colonel 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 loss, 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 July 1646. which was the day after he had been with me at my lodging; which Petition and the Order thereupon do follow in these words. The humble Petition and desires of John Ash a member of this House craving your assistance for satisfaction, and repayment of such sums of money as he hath disbursed for your service, and by Bond hath engaged to pay for you. INprimis, Mr. Ashe's petition to the House and the Order thereupon: That when the Parliament first raised their Army he did then in the House publicly 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 paid 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 settled, for the payment of soldiers in those parts, which were commanded by captain John Barnard, Captain Nathaniel Barnard, Captain Samuel Ash, and paid 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 paid Dragooneirs and Musqueteirs which he sent into Wiltshire for the assistance of Sir Edw. Hungerford, and safety 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 sums, and that there is still owing upon Mr. Fine's account for money disbursed by him, and others, for which colonel 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 paid 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 above 300000 l. at that Committee, yet did never allow himself any part thereof, nor any consideration for the forbearance but have lent the same for near three years' time. That when the Earl 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 cunning, Mr. Woodward, and Mr. Young, Citizens of Bristol, all which moneys is yet unpaid and he daily called upon for the payment thereof, which moneys were borrowed then for your service. All which loan, disbursements and Engagments amount unto 9400l. principal money and the Consideration allowed for so much thereof as was lent upon your Ordinances (which promiseth that allowance) makes the sum to be 10920 l. In Consideration of the Premises, and because your many Ordinances and Declarations have assured the repayment of all those disbursements and engagments aforementioned, out of the Estates, and Compositions of Delinquents, and many men have obtained the same justice from you already, as also somewhat towards the repair of their Losses and Damages sustained by the Enemy, your Petitioner having lost the greatest part of his personal Estate, and three whole years revenue of his Lands, by the Plunder and cruelty of the said Enemy. May it therefore please you to order, that the several Fines and Compositions of Mr. John Coventry, Sir Edward Moseley, and Sir John Stawell Knight, be allowed and assigned unto your Petitioner, for the repayment 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 moneys secured, the same be reported to this House, and applied towards the repair 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 several 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 several disbursements and engagements for the service of the State, and now presented unto the House, amounting to the sum 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 disbursements and engagements be satisfied and discharged, that then the same shall be reported to this House, and if the House think fit, applied for, and towards the repair 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 moneys 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 sum 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 seems) to improve this grant of theirs unto the best advantage he could possibly make of it, and therefore knowing, that if I were admitted to my Composition upon the Articles of Exeter, my fine was not to exceed 2. years' value (Which holding not a proportion with his covetous desires) takes a resolution, contrary unto his former professions of friendship towards me, and duty to the Parliament who had entrusted 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 trial for my life, either as a spy by martial 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 ways accountable, that so upon the loss of my life, and confiscation of my Estate upon which my Composition would rest) he might in lieu thereof be his own carver. In pursuance of this design, 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 therein, takes occasion to misinform the Committee, (before he caused me to be called before them) that I was a great enemy, had raised arms against the Parliamt & drawn the first blood in the West of England, that my Petition was not valid, that I acknowledged no delinquency, and had not taken the negative Oath, & Covenant, whereby in stead of furthering my business (as he had undertaken, and I expected) he so exasperated the Committee against me, before I had Presented myself before them, that they were resolved to show me no favour but give me time until my Articles were out, that so they might deal with me the better: all which appears by the examinations of Sir Anthony Irby, and Sir David Watkins, both of them persons of honour, 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 saith, that he was one of the Committee for Compounding sitting at Goldsmiths-Hall, and was present there when Sir John Stawell did prefer his Petition to compound, and saith, that the same was so preferred within the time limited by the Articles of Exeter, as appeared by the pass of Sir Thomas Fairfax, and saith, that the said Petition was read at the board, but something therein was disliked; for Sir John Stawell did not acknowledge his delinquency, nor would he take the Covenant, and Negative Oath; And further saith, that Sir John Stawell did not behave himself misbecomingly, as this Deponent conceiveth, only 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 saith, that in those times there was want of money, and it was his opinion, that Sir John Stawell ought to compound. And further saith, that at that time this Examinant did not know of anybody that was about to buy any part of Sir John Stawell's Estate. but saith that about two, or three years ago (as he remembers) he was at Sir Abraham Williams his house, being about the time of Sir John Stawell's trial for his life, or presently after, (as he remembreth) and there he met Sir Edward Baynton, and inquired 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 manor of Sir John Stawell's 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 original of Sir John Stawell's troubles. And this Examinant further saith that, Sir John Stawell came punctually within the time limited 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 show him no favour when the time given by the Articles was out. And saith, that Sir Edward Baynton told him this Examinant that the person who would buy the said manor was Mr. John Ash. And this Examinant further saith, that one of the members of that Committee being the chairman, told the Committee that Sir John Stawell was without with a Petition, but said, the same was failing in many Circumstances. And saith, that after the case then in debate was ended (which was one Berkleys as this Deponent now remembers) Sir John Stawell was called in, and this Examinant being now demanded whether Sir John Stawell had subscribed not to bear arms against the Parliament, as was required by his Articles; this Examinant saith that there was a Committee who sat in Goldsmiths-Hall to take subscriptions, without which (as he remembreth) Delinquents were not to stay within the Lines of Communication, but saith, that he doth not remember that ever he saw any Certificate that Sir John Stawell had subscribed, not to bear arms, 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 tendered to Sir John Stawell, but he refused to take it, and said, he was excused by his Articles: And this Examinant further saith, that it was not then objected against Sir John Stawell, that he had not subscribed the engagement, not to bear arms against the Parliament. Being Cross Examined on the behalf of the commonwealth, he saith. THat he doth not remember that Sir John Stawell said, the Committee were traitors or Delinquents, that to his remembrance, They had no Order of Parliament that persons should acknowledge 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 John Stawell's Petition was rather a Remonstrance than a Petition: and saith, That there was no particular of his Estate annexed to his Petition, nor was it ordinary so to do, but the particular was usually delivered after admission to a Composition: and saith, That Sir John Stawell did refuse the Covenant, and Negative Oath upon account of his Articles; and that the subscription not to bear arms was not to be made before them, but in another place before they came to them. And saith, that he was near Sir John Stawell when he was with the Committee, 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 Stawell's part. Saith, THat he was of the Committee for compounding, and was there, when Sir John Stawell came and presented his Petition to the Committee, which was within four months from the eighth of April, and saith, that he came in a civil 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 pass, dated in April, and that he doth account four months, after the rate of 28 days to the month, 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 John Stawell's not subscribing, was not objected against him at that time. Being cross examined on the behalf of the commonwealth, saith. THat some did say, that Sir John Stawell's 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 Stawell's prejudice. HE saith, that Sir John 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 refusal gave him time, till his Articles were out, because than 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 stay in town: but only to see that they did take the Negative Oath and Covenant; and further saith, that the second day that Sir John Stawell appeared, Mr. Stephens was in the Chair, as he remembers. My Composition being thus foiled 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 friend, as he professed himself to me in public) 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 wherein I was to make my Composition, but was to be admitted thereunto when I should tender it, and therefore I did hold myself assured, that the Committee who had perceived my readiness 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 enforce me thereunto. And that I did not herein go upon mistaken grounds, will appear plainly by a solemn judgement and decree in the Court of Articles given in Mr. Newcourt's Case, wherein, 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 near 3. years after the date of them, and that the limitation of four months did concern only the excepted persons, whereof I was none: The Copy of which Certificate, together with the judgement and Decree of the said Court, follow in these words. From the Commissioners for Compounding &c. the 10. of November 1652. Gent. IN pursuance of your Order of the 27. of October last, in the Case of Richard Newcourt of Somerton in the County of Somerset, The Certificate and judgement in Mr. Newcourt's Case: upon search made in the Books and papers touching Compositions, it appears, That a Petition was Exhibited the 14. 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 sequestered, 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. of May following, upon all which a Report (according to the usual manner) was drawn up, and 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, alleging that he was comprised in them, and that one Mr. Smith his solicitor, entered his former composition, without mentioning the said Articles contrary to his knowledge. Upon 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 said several proceedings hereunto annexed appears. Jo: Leech Regist. A true Copy Tracy Pauncefote Regist. exchequer Chamber Westminster, Wednesday the 22th. of December 1652. By the Commissioners for relief, 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 council for the commonwealth, who were also fully heard therein: 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 whereof all persons included therein, and not excepted, were to be admitted to Composition, according to the rates and proportions therein set down, without any limitation of time; And there being no proof before this Court, nor any suggestion thereof, that the said Richard Newcourt had taken up arms, or otherwise engaged himself in open hostility or secret counsel against the Parliament, since the said Articles granted, whereby he might have lost or forfeited the benefit thereof. 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 thereby committed to them; Do award, order and adjudge that the said Richard Newcourt be admitted to compound for his Estate real and personal, 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. But whilst (upon the consideration of the right which belonged unto me) I spent some days in London, Mr Ash upon the 30th. of July 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 whereof he received 10434 l. in satisfaction of those disbursements 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 than Treasurers of Goldsmiths-Hall hereafter following. goldsmith's 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 several Fines and Compositions of Sir Edward Mosely, Sir John Stawel, and Mr. John Coventry, are allowed and assigned unto Mr. John 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 several disbursements and engagements for the service of the State, amounting to the sum of ten thousand nine hundred and twenty pound, and the moneys 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 moneys unto the said Mr. John Ash out of the moneys that shall come into the treasury for the said several 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. Samuel Moyer. Ch. Pack. REceived of the Treasurers within mentioned this 7th of October, 1646. the sum of two thousand pounds, The treasurer's account. being the moiety of Mr. John Coventry, his Composition, and in Pursuance of this within written Order, I say received in part, 2000.l. John Ash. Received more in pursuance of this within written Order, this 16th of November, 1646. two thousand four hundred pounds, 2400 l. John Ash. Received this 12th of November 1647. in further payment, one thousand pounds, I say received 1000 l. John Ash. Received of the Treasurers, this 4th of March 1647. in further payment of this within written Order, the sum of two thousand pounds, I say, 2000 l. John 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. John Ash. Received this 9th. of November, 1648. in further payment, one hundred ninety nine pounds, 0199./10434 l. John Ash. The before written, are true Copies of the original Order and Receipts thereon Endorsed. And in pursuance of which said Order, we Richard Waringe and Michael Herring, late Treasurers at Goldsmiths-Hall, have towards the within mentioned sum of ten thousand nine hundred and twenty pounds, only paid as before appeareth, the sum of ten thousand four hundred thirty four pounds, so there remaineth unpaid by us the sum of four hundred eighty six pounds. In testimony whereof we have hereunto set our hands this sixth of January, 1654. Examined by John Bateman. Richard Waringe. Michael Herring. Now Mr. Ash having, as it appears, received so great a sum of money upon these Orders of the Parliament and the Committee, I shall here make a short digression, and pray the Reader to observe. moneys 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 commonwealth, which was the ground of his Receipt thereof, which thus appears. The charge brought in by him doth rest on several 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 allegeth 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 in a gross sum, not descending to particulars, and it is a maxim, Dolosus versatur in generalibus. But we may guess how justly he hath dealt in that part of his Charge, by what appears touching the sums pretended, to have been lent, and paid in by him unto the Treasurers of Guildhall, 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 total 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. vopn the Scots coming in, for which he demands 1100 l. principal, 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● entered in libro primo Mo. Fol. 4. 120. l. 0. s. ●d. Examined Jos. Watmough. UPon Search made in the general account Book of moneys 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 sum of 500 l. (and no more) towards the moneys 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. only paid, Joh. Bateman, Clerk to M. Rich. Waring and Mr. Mich. Herring, late Treasurers at goldsmith's Hall. By these it is most manifest, that Mr. Ash hath brought in an Overcharge more than he disbursed for the commonwealths use the sum of 820 l. principal, 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 grossly in the sums which rested of Record upon the treasurer's accounts; we may conclude, he hath in probability abused them much more shamefully in those wherein he 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 he hath dealt with the Parliament, these Gentlemen, and myself in the receiving and disposing of it; and First, as for the Parliament, he was authorised by their warrant, to receive the sums arising by our Compositions, when they should be ascertained and paid in, but Mr. Ash hath by the colour of that Order received not only 8000 l. which was the sum to which the Compositions of Mr. Coventry, and Sir Edward Moseley did amount unto, but also 2434 l. more towards my Composition, whereas he hindered me himself from making of it, and by this mean● he did unwarrantably possess himself, and very unhandsomely borrow so much money belonging to the public, 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 entered into, together with colonel Nathaniel Fines, colonel Alexander Popham, colonel Hollis, and others. These Gentlemen were then Members of the House, and expecting to be freed by the assigning of these moneys to him, did surely very much assist him in the procuring of that Order, by themselves and by their friends, when his Petition was read, and these Engagements were by the Order appointed to be paid out of the First moneys 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 showed already) above 10000l. upon this account; being much more than was due unto him for the discharge, not only of those Engagements, but also of all other sums, which he had really lent and paid in unto the public 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 follows 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. showeth, colonel 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 several 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 Michael Herring, a Receiver at goldsmith's 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 reimburse 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, than Chamberlain of the city of Bristol. 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 disbursements may be satisfied, or he with the others discharged from the trouble and prosecutions under which they now suffer, by such other means of satisfaction of the said debts, as to your Highness in Equity and justice 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 indemnity 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 less 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 progress in the wrongs wherewith I charge him. Having thus settled his interest in my Composition, Here begins the relation of the false Record entered 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 martial Law (which Committee did also sit at Gold-Smiths-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 only to appear and make their subscriptions before the Committee at the Guild-Hall, who were by the Ordinance of the second of July, 1646 before recited particularly appointed to receive them, but finding I had not appeared before the Committee at Gold smiths-Hall, according to the Ordinance of the 13th of November 1645. an Order or warrant was entered, and made a Record by Mr. Leech then clerk to the Committee for compounding, This is certified by Mr. Baily. 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 enemy's 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 John Stawell Knight. A true Copy, Sept. 6. 1654. T. Baily. THis Record being entered (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 appears by the Examination of Sir David Watkins) was never served upon me, but kept to lie as a convincing proof against me, when I should be after called to question, either for my life, as a spy, or otherwise that I had never tendered my Petition to be admitted unto Composition before the Committee at goldsmith's Hall, nor performed any thing required of me in pursuance of my Articles, and accordingly this use was made of it upon my trial 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 usual course) was by accident permitted (whilst his Mittimus was making) to remain in the room where the Committee sat when I presented my Petition, to prove the falsehood of that Record, whereof I shall hereafter take occasion to write more largely. I was not then acquainted with the entering of that Record, but on the twelfth of Aug. following, I received a Ticket sent unto me by a Messenger, whereby I was required to appear at goldsmith's hall 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 sat, Mr. Ash had left the Chair to Mr. John 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: whereupon Mr. Stephens asked me what I did say to it; I made him this answer, That there was nothing in what Mr. Ash had delivered, which had the nature of a Question to me, but was spoken to inform him who was not there the day before: whereunto Mr. Stephens replied, 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 oaths, and in regard they are not agreeable to such oaths 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 showed me a Mittimus directed to the sergeant at arms, which followeth in these words. By the Committee for compounding with Delinquents, &c. 13. Aug. 1646. Whereas 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 therefore 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 refusal, and him safely to keep, till he conform himself thereunto, and for so doing this shall be your Warrant. To the sergeant of the House of Commons, or his Deputy. After I had seen and read the Mittimus and found myself a Prisoner, I desired to speak again with the Committee, and one of the Messengers signifying so much unto them, I was admitted, and spoke 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 real Estate having been under Sequestration for a long time, and my personal, little more than what you see: As long as I had my liberty, I did communicate my wants unto my Friends, and I have been helped and releived by them. But now that you have taken my liberty from me, I desire you to consider of some maintenance that may be necessary for me. Unto which Mr. Stephen's 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 several 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. goldsmith's Hall. The Order for the report: SIR John Stawell appeared and refused to take the Negative Oath and Covenant: Ordered, that Mr. Stephen's report his carriage to the House, and that he be committed to the sergeant at arms, 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 entered 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 goldsmith's Hall, in short time after makes his report, and therein (without ground of truth or Warrant from the Committee) informs the House that I had slighted 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 tendered my Petition in Mr. Stephen's 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 Ashe's 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, wherein 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. Stephen's 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 Stawell had slighted and contemned the Authority of the present Parliament, and forfeited their mercy contained in the Articles of Exeter. John Ash: This is a true Copy Tracy Pauncefote Regist. So as it is most clear, that all my wrongs have had their rise from hence: That Mr. Ash by a wilful mistake interpreted my Petition to be admitted unto a Composition, to be a Remonstrance, contrary unto the sense and title of it. And Mr. Stephens (by his Instructions) reported 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 therefore shall desire the Reader to observe how far from truth or probability those particulars are, which Mr. Ash allegeth 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 goldsmith's 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 persuade me unto it; yet I refused to follow his advice. And that all those things I have mentioned in my Remonstrance, touching him, are mere fictions and never heard of, till the Parliament had ordered I should be tried 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 thereunto. that I who (notwithstanding all his uncivil censures) had (by his own confession) studiously endeavoured to gain 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 regaining 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 tendering of a Composition was not limited (as I have showed before) to four months' 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 myself by a Subscription not to act any thing which might be prejudicial to the Parliament, and within seven days after would tender my Petition at goldsmith's 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 wherein 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, whereby those Debts, Disbursements and engagements, must rest unsatisfied, and he for his particular should lose 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 wilful madness, wherewith he doth endeavour to asperse me by his Pamphlet, which is an error, whereof he doth desire the Reader to esteem he 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 mere Fables contrived by Mr. Ash himself, who hath employed 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 fall, by reason of the sale of Dean & Chapters Lands, which I had in the Country heard, were to be sold at ten years' 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 practices, expose me unto the eminent danger of losing 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 befriend me what he could in making my Composition, who had acquainted me when the Committee sat, and promised me his presence to that purpose, would (notwithstanding his Professions of friendship 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 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 whereof 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 which is the only formal and essential 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 entered 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 apparent falsehood: 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 entrusted by the Parliament to compound with all Delinquents, and were not to inquire 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 entered 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 martial Law, or else in any other manner, and thereby 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 goldsmith's Hall upon their Summons, Mr. Leech's testimony taken in short hand by order of the High Court of justice. was not to be until 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. Stephen's 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 whereof I craved the benefit, and a contempt of that Authority which gave a confirmation to them? And to conclude, is it not plain, that Mr. Ash declared sufficiently what his drift was, in these his covert practices 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 several 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 myself 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 spoke unto Sir Anthony Irby, to whom he came several times after his coming from me, and told him, that he could not bring me to conformity, and therefore 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, wherein 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 ruin and destruction. But in regard this discourse which passed in private between ourselves, being one of those two things which Mr. Ash hath undertaken to answer in his Pamphlet, is denied by him, and therefore only rests for proof upon our single disagreeing testimonies, I shall desire the Reader to suspend his judgement touching the truth of our two several Allegations, until 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 general answer he pretends to give in this particular, for proof whereof he doth affirm so boldly, that he hath more than 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 general 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 withal, if he appeared in the Court, and therefore Mr. Attorney prayed, that since he was there present, I might openly declare what it was wherewith 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 thereunto, & 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 therefore pressed me again and again to speak all that I had to say; & when i replied that i had spoken all, the Lord President spoke, 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 sell 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 i answered his Lordship he did not, and thereupon the Lord President demanding how the Story could then reflect upon Mr. Ash? I answered, that i believed 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 than 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 formal Story to give a countenance to his denial; And this i shall most clearly 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 shorthand by Mr. Pococke, a person authorized thereunto, 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 general and my counsel, admitted as indifferent Evidence. By this it doth appear, that Mr. Attorney general 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 i spoke at all concerning Mr. Ash his carriage: But when upon my answer to their Evidence, i had in part laid open these his practices against me; Mr. Attorney general was then so far from taking notice to the Court that what i spoke 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 whereof i shall insert here what was spoken by Mr. Attorney at the first entering 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 follows as it is in the aforesaid Record Verbatim thus expressed. The Record in the shorthand Book. Wednesday 22. of January 1650. THe Cause of meeting this day, my Lord, was, the Parliament on the trial 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 pleased the Lord to lay his hand upon him that he could not appear; Mr. Stephen's 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 special Plea, we have done with that of not guilty. I desire if you please that Mr. Ash and Mr. Stephen's 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. John Ash and Mr. John Stephens are sworn. Mr. Attor. Gen. My Lord if you please i will begin with Mr. Ash. If you please Mr. Attorney, Let his Plea be read. Lord President. The clerk reads Sir John Stawell's Plea. 1. That he is not liable to the charge now read against him by the Act appointing his trial, 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 i answered, and having touched upon this passage together with some other things concerning Mr. Ash his practices against me, Mr. Attorney general did then apply himself to the Court and spoke as followeth. Mr. Attor. Gen. My Lord, I thought that Sir John Stawell's own judgement 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 therefore having fully cleared by this Record, how grossly he hath erred in his relation, I leave it to the Readers judgement, 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 public in the Court; And that he had for proof thereof 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 manor, which is the substance of that wherewith i charge him. And thirdly, That he doth not so much as once allege among his good advices to me, that he persuaded me unto a Composition according to the Articles of Exeter (that being the thing whereof I was desirous) but to acknowledge my miscarriage at goldsmith's Hall, where I have showed already, that I had not at all offended, and therefore could not acknowledge this, or crave the pardon of the House (as Mr. Ash advised me) without confessing of a Crime, whereof I was not guilty, and subjecting myself unto the censure of the House, as a person who had affronted the Committee employed under them. So as if I had been remitted to goldsmith's 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 begged my Composition, he was in hope that this might have been superadded unto it, so as this being one of the main things wherewith I charge Mr. Ash, is here acknowledged by him. But two continue the narration 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, whereupon 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 sergeant to the bar, 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 special care, that Sir John Stawell committed by warrant of this House, Prisoner to Newgate for high Treason, for levying War against the Parliament, be kept in sure and safe custody. Upon which Order a Mittimus was drawn up under the Speakers hand, which followeth in these words. BY virtue of an Order of the House of Commons, These are to require you to receive from the sergeant at arms, or his Deputy, the body of Sir John Stawell, Knight of the Bath, into the Prison of Newgate in London, and him there to detain in safe custody as your Prisoner, until the pleasure of the House be signified to you to the contrary; He being committed for High Treason, for levying War against the Parliament: And for so doing this shall be your Warrant, dated 18. Augusti 1646. William Lenthall Speaker. To the Keeper of the Prison of Newgate in London. ORdered, That Mr. Palmer. Mr. Walker, Mr. Harrington, Mr. Searl, Sir Thomas Wroth, Mr. Blague, and colonel 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 assizes 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 assizes for Summersault: Die Mercurij 14. Martij 1648. REsolved by the Parliament, that Sir John Stawell Knight be proceeded against for life in the Upper-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 known 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 address by Petition: Upon this hint of my purpose, Mr. Ash came unto me three or four days (as I remember) after my Commitment to Newgate: And after that he had expressed, seemingly, a great deal of sorrow and trouble, that his good Master (for so he called me) was in so sad a Condition, he offered me his service to do what possibly lay in his power; & sithence there was nothing more seasonable for me then good advice, he did earnestly desire me to apply myself 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 prefer my Petition for me; and if it were so that I would trust him with it, if he did not give me a very speedy account thereof, and that if he did not use his utmost endeavours to accomplish so much as I should therein desire, he would give me leave wheresoeur I saw him, or spoke of him, to say, My servant Ash was an arrant Knave, I told him; that although I did intend to deliver a Petition, yet it was not my purpose to have troubled him with it; but since he had so friendly invited me thereunto, he should have it, he prayed me speedily to draw it, I told him that I would, he told me then he would come the next morning to me for it, and accordingly he did so; but not liking the Petition, for that I had expressed therein, that I had the benefit of the Articles of Exeter, and that I had accordingly submitted unto my Composition, and that I was refused only for denying to take the Negative Oath and Covenant, and therefore 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 show that I was very sorry that I had incurred their displeasures in refusing to kneel 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 near at hand in the Country. Whereupon 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 solicit him by my Wife and friends, to put him in mind to prefer the same, he never delivered it to this day, nor did ever come near me after that time, which Petition followeth in these words. To the Right honourable, the Commons assembled in Parliament. The humble Petititon of Sir John Stawell, Prisoner in Newgate. WHereas your Petitioner by Command lately attended this honourable House, and being brought to the bar, was enjoined to kneel, which your Petitioner forbore to do, 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 acknowledgement, and by this Petition to crave a favourable interpretation of his offence. Your Petitioner humbly begs your pardon, being very sorry he hath given you so just cause of displeasure, and shall account it (in these his sad misfortunes) a very great happiness to be restored to a capacity of your favours, and that you would not look back upon what he prays may be forgotten, but be pleased in the midst of judgement to remember mercy. And your Petitioner shall pray, &c. John Stawell. 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 he hath himself several Witnesses to prove the falsehood of it; and therefore I shall here set down the story he hath framed in answer unto this particular, and shall by undeniable proofs and arguments show it to be a mere falsehood of his own contrivance and invention, the same being in effect thus. Mr. Ash his relation touching the Petition. That about three or four days after my committal 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, entreating him to come unto me, & that at length not without great importunity and solicitation on her part, she did prevail 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 behalf, 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 counselled me to prefer 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 remittal to goldsmith's 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 removal out of Newgate, and that I undertook the danger of this Petition myself, since it would be my fault, not his. That he at last undertook the delivery of this short Petition, so as he might have a sight of the foul Copy to correct, which i sent him the next day; but he disliked it, and was enforced with his own pen to correct the greatest part of it, but i not liking that, sent him another Petition of my own drawing, which he likewise disliked, but after several amendments took, and attended several days to deliver, but being forced to go into the Country about his occasions, some sixteen days after he had received my Petition, He got his own Petition answered the first day it was offered. for so long, and no longer, he says, 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 me in Newgate, I returned my thanks for his care, wishing him a good journey into the country, 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 something uncivilly interrupted him, told him 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 me to employ 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 follows. 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 return. That he went into the Country, and returned again 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 removal 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 goldsmith's 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 friends, that my desires should be granted: That Mr. Ash demanding of him whether I had taken his advice, He replied no, adding withal, 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 friends, but I rejected their councils, and he concludes with an affirmation that he never received other Petition from me, then that which he 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 myself, and Mr. Ash. I shall therefore examine the Truth of all these Allegations, and having showed the Manifest untruth and falsehood 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 falsehood whereof is not only notoriously known to himself, but will be also clearly evidenced unto the Reader by that, which follows. And first, whereas he doth allege 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 & plainness; For I affirm with confidence, that Mr. Ash did, as I have before alleged, come of himself unsent for by me, about three a Clock in the afternoon, within three or four days after I was committed to Newgate, and did Officiously, (or debasedly as he would have it by his Pamphlet) Court me to have the honour (as I have said in my Remonstrance) to prefer 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 wait 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 only this; My eldest Son John Stawell, lay then sick in bath, and being in Arrear for his expenses in diet and physic, she had received a Letter from Mr Boyse at whose house he lay, whereby 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 lose 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, until she brought us both together, and then she did acquaint us with the Letter which Mr. Ash did read as well as myself, and earnestly desired the furtherance and assistance of Mr. Ash for the procuring of that sum from the Parliament by his means, upon this urgent and extreme necessity: My Estate being then, and long before totally sequestered, nothing let us, and no allowance at that time set forth either to wife or Children: I joined 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 believe it was then, that i 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, whereas he pretends that the Petition which I sent him, was only for my removal 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 wonderful with what face he can allege it. I have the individual 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 goldsmith's Hall to make my Composition there, according to my Articles: The Copy whereof follows in these words. To the honourable the Commons Assembled in Parliament, The Humble Petition of Sir John Stawel, Showeth, 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 July 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 expressly exempted. It is his humble suit, 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 acknowledge 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. Ashe's first Letter. and the enclosed, which I cannot dislike, as to the matter for which it is intended; my endeavours shall not be wanting to do you service; and the House shall check the greatest impudence 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 shall meet Sir John 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 Monday 12 at noon. To the honoured, 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 show the same unto several Members of Parliament, praying their favour when it should be presented by him, which Deposition is as followeth, To the Right honourable the Commons assembled in Parliament, The humble Petition of Sir John Stawel, Prisoner in Newgate. The Petition and Mr. Basset's Affidavit proving the same. WHereas your Petitioner, by command, lately attended this honourable House, and being brought to the Bar, was enjoined to kneel, which your Petitioner forbore to do, not out of a will to lessen the great respect and reverence due to this honourable 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 favourable 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 favours; And that you would not look back upon what he prays may be forgotten, but be pleased in the midst of judgement to remember Mercy. And your Petitioner shall pray, &c. Pray observe how this was done in pursuance of Mr. Ashes directions mentioned in his Letter. THis is a true copy of the Petition remaining in my hands, which Sir John Stawel delivered me in Newgate within few days after his Commitment thither, to show unto several Members of Parliament (videlicet) Mr. Hollis, Sir Philip Stapleton, Sir John Holland, and Mr. John Crewes, with Letters unto them directed from the said Sir John Stawel, praying their favours 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 Ashe's 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 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 cabin, 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 gentleman's sufferings, to omit any opportunity of serving him: but I rather believe 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 lie in my power, I shall be ready to show myself, Sir, Your very affectionate and humble servant, Denzel Hollis. Cerne Octob. 30. 1654. To my much honoured 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 mere 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 alleges 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 ministered 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 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 engage 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) judas-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 charred, where three Indictments were found, one for High Treason, and two for murder, for killing of Osborn at marshal's elm, 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 sums of money against me, and have since purchased a good part of my estate, which Indictments were afterwards removed by Certiorari into the than King's 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 June 1649. an Act was printed and published, entitled, 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 myself by Petition unto that Court to be relieved upon my Articles, which Petition was read the 10. of July 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 June 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 than a year after, I shall desire the Reader to observe the falsehood of Mr. Ashe his Pamphlet in two particulars which he suggesteth, viz. That I did not upon any Trial at the than King's 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 falsehood 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 July 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 aggrieved 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 persuaded me to alter my Petition to them, and after kept it either by fraud, or malice from their sight, doth now charge that upon me 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 July 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 be moved with some compassion, and afford his just assistance unto a person reduced to that extreme degree of danger wherein I stood. That very Judas (to whom he doth with so much scorn fancy himself to be resembled) when he saw his Master voted guilty by the Jews, and that he was to be presented before Pilate, there to receive his last trial, 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 entered. 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 shorthand 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 honour, Sir James thin, and Mr. A●●i●● Paulet as witnesses for me, to prove the tender of my Petition, for they could only swear, that I was there with them in July; 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 sat, stayed 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 alleged, 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 mere accident, contrary unto the usual course, stayed in the Room whilst his Mittimus was making, and whilst I tendered my Petition to Mr. Ashe; I made this known unto the Court, and they were honourably 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 stiffly denied) was then, and not before, produced in Court, and Mr. Ashe appearing the same time. used his utmost skill to incense the Court against me, plainly showing 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 shorthand proves this. This foul practice in a person so highly trusted by the Parliament, together with Mr. Leeches Oath, which did expressly aver the Record of the fourth of August to be entered 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 certify 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 tendered 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 unduly entered, 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 honourable Court, preserved, my Estate was notwithstanding on the 16th. of July following, adjudged by Act of Parliament to be sold, and accordingly was purchased by several persons from the trusties 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 tendered to the Act on the 28. and 29. days of September, before the passing of it, which tended to the limitation of that benefit which the House was honourably 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 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 he hath been formerly examined against me in the High Court of Justice, and that testimony of his, taken in the Book of shorthand, 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 shorthand 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 misled, 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 cleared, and judged by two such honourable Courts, as it were unto another Trial and Examination, to satisfy 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 clearly proved, not by a feigned Utopian Discourse, but by undoubted evidence, the testimony of witnesses, persons of honour and integrity, by his own Letters, by Records, and by the solemn judgements of two great and honourable Courts, that Mr. Ashe hath herein broken all those ties 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 public conversation of men, not to be violated, without the general confusion of all Laws Divine and human; 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 favour, 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 publicly obstruct that Composition he had promised to further with his best assistance, and when by breach of that public 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 near 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 public person. But if we look upon him as a public person, than 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 entrusted to dispense their Justice granted in the Articles of War made by their Armies, unto the strict performance whereof, the public faith and honour of the Armies, the Parliament, and the whole Nation in general, were by the Law of God and Nations, engaged 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 engaged 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 judges over things which are above all other of the highest consequence and most concernment, to wit, The public Faith and honour, the Estates, the Lives and Liberties of their countrymen and Fellow-subjects; And among all these persons, there was more than ordinary confidence reposed in Mr. Ashe, who was the chairman of the said Committee; Wherefore 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 falsely 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 favour his Petition; To obtrude oaths 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 trial, thereby to take away my Life and Estate together; All these are, in a public Officer, crimes of so high a nature and concernment, that if we find not precedents 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 immediately entrusted 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 public 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. Thorp's 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 villainous JUDGEMENT. L. Cook. 3d. part of his Instit. p. 222. And the same judgement 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. 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 King's 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 lose the Freedom and franchises 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 King's Courts, but make Attorneys, if they have any thing to do there. And this is called a villainous JUDGEMENT, because of the villainy 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 judge, when I first tendered my Petition to him. Secondly, Of a corrupt juror, 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 misinform them by Petition or Suggestion, whereby the person against whom complaint is made receives no other prejudice but only to be brought unto an answer, we cannot well conceive the greatness of that punishment, which they 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 honour and quality, whose Depositions you have already read, and that great want of Civility and respect he hath showed to them, enforce 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 only 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 we 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 shows 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 testify 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 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 behaviour 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 only 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 tendered 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 oaths. At my second appearance before them, he was also of the same opinion; But seeing others were not of his mind, but heightened 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 than 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 virtue 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 only thing; then in dispute amongst them, as appears by their Order then entered, and was as much as Mr. Stephens had in direction to report unto the House. 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 slighted 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 John STAWELL A traitor, SIR John STAWELL HAD MADE THEM traitors, 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 clearly 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 clear 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 show these charges were so clearly 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 manor of me, which lay near 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 manor. Here Mr. Ashe puts in a Note, and would persuade the Reader to believe 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 justify 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 manor 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 he 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) persuade the Reader. In the last place it is observed by Mr. Ashe, that what Sir Anthony Irby hath called a manor, and said, it lay near 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 we must judge of it according to the usual way of speaking, and not to the construction of the Law. I have already showed, that Farm at Abury cost me about 9000 l. and certainly whether it were a manor, or a Farm, it was notwithstanding such a proportion of land as is in usual discourse styled by the appellation of a manor, 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 lie 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 show 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 near eight years since these transactions 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 enjoys, 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 vigour 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 justification 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. Stephen's unto the Parliament, of my behaviour before the Committee at Goldsmiths-Hall, was no other than 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. Stephen's Reported nothing to the Parliament, touching my ill behaviour, but what he heard from my own mouth, which was so much as moved him to make that close to his Report, I before mentioned, viz. That if the Parliament did not make Sir John Stawell a traitor, Sir John Stawell had made them traitors. 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 only by the testimony of Mr. Ashe under his hand, agreeing with the Report, but also more especially by the Deposition of Mr. Stephen's 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 falsely) affirms to have been the opinion of the Committee at my first appearance before them, when I tendered my Petition, there being no such thing at all voted or spoken by the Committee at my last coming before them, when Mr. Stephens was in the chair; which appears plainly, if we consider in the first place, What the Report was according unto Mr. Ashe his Testimony, before recited, which saith, that Mr. Stephens, in his Report, informed the House, that the opinion of the Committee was, I had slighted and contemned the Authority of the present Parliament, and forfeited their mercy contained in the Articles of Exeter. Now it is evident, that Mr. Stephens had no direction from the Committee, at his being there, to report that unto the House, as their opinion, by the Order before recited, which was no more, but that he should report unto the House my refusing the Negative Oath and Covenant, my committal for it, my carriage, and my desire for an allowance of maintenance; But they declared no opinion at all touching my carriage, nor did ever put it to the Question. So as I must now leave it to the Readers judgement, whether of us two speaks truth, and whether this be an idle aspersion (as the worthy Gentleman is pleased to style 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 chairman: But from the Committee he had no such Instructions to report, That Sir John Stawel had slighted 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 traitor, Sir John Stawel had made them traitors. Therefore this must needs proceed from Mr. Ashe, who (as it seems by what is said before) did put his own words into Mr. Stephen's his mouth, or otherwise Mr. Stephen's 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 myself, and my Remonstrance, against that false and scurrilous Pamphlet, published by Mr. John Ashe, to justify 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 public. That all his Allegations in his Pamphlet, published for his excuse, are full of impudence and falsehood. I will not take much pains to justify myself, or trouble the Reader with that Quaere which he hath frivolously inserted in the margin 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 father's Estate, or she had not. If she had, What wrong could it be to Mris. Basset for her Mother to dispose of what was properly her own? If not, Then surely, what my Wife hath done, is a great benefit to Mris. Basset, who hath received 3000 l. above twenty years since, as a portion from me, her Right (if any) being still preserved. But this is only 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 practices, and a sincere repentance for them. 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 honourable the referees of his Highness most honourable Council, in the cause between me and the Purchasers, by William Lawrence of Edinburgh 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 honourable Members of the Court of Articles, who have pronounced their Sentence in my behalf, ungratefully scandalous against me, and prejudicial to the honour of the Parliament, by whom the Court of Articles was first erected, and empowered; I hold myself 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 judges, and their Orders and Certificates ought to have no credit or authority; And your Petitioner saith, they have misstated the Case; transgressed the Duty of an inferior jurisdiction; 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 public or private Rights; all which your Petitioner shall be ready to prove. How precipitately rash this Gentleman hath been in passing so severe a censure upon those honourable 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 June, 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 engaged for performance of the same, and how much it concerns themselves in justice and honour 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 be sued, molested, or in any ways 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 comprised 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 virtue 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 ways 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 virtue of the said Act enjoined, 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 bottom of the said Act, That nothing therein contained, A Proviso in the first Act. should be construed to control 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 Earl of Manchester, upon the rendering 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 June 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 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 sequestered, contrary to any Articles given, or granted, by any Commission-Officer, not under the degree of a Captain, entrusted 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 claiming 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 aiding 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 July, 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 judgements, given in Parliament, touching any the Articles aforesaid, or any persons claiming thereby. The other, on the 29. of Septem. 1652. to this effect, Provided, that no real, or personal estate, which hath been settled, conveyed, or assured, to any person or persons, by virtue 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, or by their Authority, but if they see cause of restitution by virtue of Articles subject to their Cognizance, not in specie against the particular person, or persons, upon whom such estate, or estates be settled, 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 honourably 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 honourable Commissioners without limitation or restriction, gave them Authority to hear and determine my Complaint before them, as being a person imprisoned, sequestered, and endamaged, contrary to Articles given unto me 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 limited 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. 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 John Stawell hath exhibited his Petition into this Court, thereby (amongst other things) setting forth, That he is comprised 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 comprised 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 endeavour with the Parliament, that it should not exceed two years' value of any man's real Estate respectively, and for personal, according to the ordinary Rules, not exceeding the proportion aforesaid: Which Composition being made, they should have indemnity for their persons, and enjoy 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 comprised within the said Articles, but only 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 than General, dated the 14. of April 1646. signifying, that he was to have the benefit of the said Articles. That the 15. of July 1646. he came to London to make his Composition, and according to an Order of Parliament of the second of July 1646. and within the time thereby 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 July, 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 only, committed first to Ely-House, afterwards by Order of the than House of Commons, 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 than King's 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 July, 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 day's 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 sequestered, 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 July, 1651. is (amongst others) declared forfeited for Treason, and hath been since sold accordingly. That neither he, nor his Sons, or Servants, have engaged 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 encumbrances, 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. Attorney General, on the behalf of the Commonwealth of England, and by the Council for the trusties for sale of Estates forfeited for Treason, on the behalf of the same trusties; 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 trials 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 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 overruled, and set aside; and appointed the Solicitor for the State, attending the Court, to acquaint the council for the Commonwealth, and the said trusties, with this Resolution, to the end they might set forth such other cause as they had to allege (if there were any) on the state's 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 trusties 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 council for the Commonwealth put in an Answer, wherein they say, they know not that the Petitioner was comprised 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 comprised, he knew not that the said Petitioner did submit unto, or make Composition for his Estate, according 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 engaged 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 trusties also put in their Answer, and say, That by the said Act of the 16. of July, 1651. the Petitioners Estate was settled 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-money is paid; and claim no other interest in the said Estate, than as persons entrusted 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-inn, Gent. saith, That he hath purchased from the said trusties part of the manor of Priestley, being parcel of the Lands of the said Petitioner, and hopes to have back his money and charges before he surrender: and then he says he shall be always ready to do the same. John War and John Borradale say, That they have jointly contracted with the said trusties for the demesnes 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, John farewell, Edward bushel, and John 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 council for the Commonwealth, and the said trusties, and of the said other Defendants, the Petitioner Sir John 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 council 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 Haberdashers-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 virtue 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 trusties; 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 clearly of opinion, That Sir John Stawel is within the Articles of Exeter confirmed by Parliament; by which no persons therein comprised, 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 second of July, 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 July, 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 sequestered, and humbly praying they would please to admit him to Composition, according to the said Articles, and the than general's Certificate, rendering him capable of that agreement, but his said Petition was rejected. That Sir John 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, enjoined 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 than 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 trusties 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, John Warr, John Borradale, Edward Bushel, John farewell, Nicholas Batteley, and John Gorges, acknowledge they have bought of them the said trusties several parcels of the said Estate. That the said Petitioner Sir John 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 certify his Case to the Parliament: Upon which Articles this Court finds not any Judgement to be since given, but discern themselves empowered, authorized, and required by Parliament, to give relief to persons wronged through breach of Articles, in such sort as is expressed 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 honour 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 John Stawell is fully capable of the Relief intended to persons within Articles, by the Acts directing and authorising 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 John 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 beforementioned, at such rates, and in such manner, as others comprised within the said Articles have done; and the Commissioners for compounding with Delinquents, are hereby enabled, authorized, and required, to permit the said Sir John 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 John 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 certify 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, 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 John Stawell shall have the Liberty and indemnity of his person free from any further restraint or imprisonment, according to the true meaning of his said Articles: and that all bail, or other security, entered 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 bail already by him given, to prosecute and attend the perfecting of his said Composition, without let or molestation. And that the said Petitioner Sir John 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 enjoy the same, without any claim, demand, impediment or molestation of the said trusties, 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 trusties 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 John Stawell, remaining unsold (if any such be,) and if any part of the moneys 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, John Warr, John Borradale, Nicholas Battely, John farewell, Edward bushel, and John 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, John Warr, John Borradale, Nicholas Batteley, John farewell, Edward bushel, and John Gorges, do forthwith restore unto the said Petitioner Sir John 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 enjoy the same Hereditaments, with their and every of their members and appurtenances, freed and discharged of and from all claims, charges, and encumbrances, in any wise occasioned by or under them the said Defendants, Purchasers respectively; And the said trusties, 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 sequestered, or vested, or settled in the said trusties and Purchasers, or any of them; and as if no such Settlements, Contracts, or Sales, had been had or made. And the said trusties at Drury-House, and also the said Matthew Coker, John Warr, John Borradale, Nicholas Batteley, John farewell, Edward bushel, and John 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 he 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 John Hayes Clem. Oxenbridge 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 itself, wherein the same are briefly mentioned, and that in the relief they have thereby been honourably 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 virtue of such Articles, and yet denied, and not duly 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 justice they ought to have by the said Articles, by restitution in specie of what hath been taken, recovered, or withheld, but without charging any further costs or damages against the commonwealth, 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 enjoined 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 indemnity for my person, and enjoy 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 empowered to decree this unto me, by restitution in specie, as they have honourably 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 aught 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 beforementioned, which were inserted into, and rejected out of the said several Acts, according to that general maxim, Exceptio firmat regulam in non exceptis, 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 control an Order or Ordinance dated the 9 of December, 1643. touching Lin Regis, and the Articles agreed to at the rendering 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 control and make void that Ordinance (which had the same vigour 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 maxim, 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 honourably 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 July, 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 only 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 tendered to restrain 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 judges; That their Orders and Certificates ought to have no Authority or credit, that they misstated the Case, and have not been indifferent or equal in their proceedings, with other scandals therein mentioned, hath been misguided by his passion, and hath, instead of a Reason, published a false, malicious, and scandalous Libel against those honourable and worthy persons, who are Magistrates, trusted and employed in this and other weighty Affairs, which are of great concernment to the public, 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 allege only 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 only surmises and scandals cast upon me. But I esteem myself obliged to give an answer unto the slanders which he himself hath first invented, and now endeavours 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 manors 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 public 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 conscientious Gentlemen, Uncles to Mr. Lawrence, signed by them, and intended to be presented to the Committee of Parliament, but came a few days too late. To the honourable, 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 Edinburgh Esq and Brothers to his deceased Father, having seen a printed paper entitled, Mr. Lawrences' Petition, together with Reasons thereunto annexed, why the Petitioners Purchase ought not to be questioned by Sir John Stawell, do, at the request of Sir John Stawell, and in favour of truth, thus humbly certify your honours. THat our Father was Tenant, The Certificate of Mr. Lawrence his Uncles: and many years a Servant unto Sir John Stawell's grandfather, 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 misrepresentations which our Nephew Mr. Lawrence hath made in the beforementioned Petition; having known Sir John 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 testify, that I was entrusted, with others, in the managing of Sir John Stawell's Estate divers years, during his minority, by the power of his grandfather's Will, and since was his Servant and Officer, until 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 John 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 John Stawell, which the said Dunning held for certain years, determinable upon his own life, being then, I believe, 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, adjoining to the aforesaid Farm called Wraxal Farm, wherein the said Anthony Stawell had then an Estate for ninety nine years, determinable upon three lives, which were then all living (being the Inheritance also of the said Sir John Stawell) which Farm is esteemed to be worth by the year two hundred and twenty pounds at the least besides the rent, for which he paid Thirteen hundred pounds; and being so settled in the said two Farms, after Sir John 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 suitor unto the said Sir John 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 parleys between them, and myself did endeavour to gain it for him, and the Bargain was concluded, that for Seven hundred pounds, and surrendering 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 believe 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 John 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 John Stawell did give full satisfaction to all such Tenants whose Estates he redeemed, being for the enlargement 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 enjoyed 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 than 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 John's principal House. Besides this, there hath been four hundred Acres of land by estimation, divided into thirty Acre Tenements by Sir John Stawell, and are annexed unto the manor 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 enlargeth that manor much more than it was before. And whereas in the said Petition it is thus expressed, that it would be a very great cruelty and injustice, by not making good public Sales, to sacrifice to his Rage and Revenge all the well-affected people of fifteen or sixteen great manors: I cannot conceive any reason of this expression; For Sir John's 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, than 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 landlord unto them, and stands obliged to the making good of their former Estates. And I John 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 John Stawell to the same, he is very much mistaken, for that I myself told the Petitioner, That Sir John Stawell had right to the Articles of Exeter, and that the truth thereof was known to most men by the public 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 always kind to our Name and Kindred. Robert Lawrence, John Lawrence. November 24. 1654. The relation and dependence, which the Grandfather, Father, and Family of Mr. Lawrence have always had upon my Predecessors, and myself; And those good offices we have formerly received from them, in the occasions wherein we have from time to time employed them, joined to the just acknowledgement of those advantages received from us, which is according unto Truth and Justice now publicly declared by his Uncles, are a sufficient motive to me not to reproach the now Petitioner with his ingratitude and falsehood towards a Family and person to whom he owes 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 ruin and Destruction, as he hath done, which is the cause 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 showed how grossly 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 sequestered, 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 employed by me, should put so mean a value upon the public Faith and honour of the Parliament, Armies, and the whole Nation engaged 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, falsehood, and Ingratitude, as he hath done, that he might keep unto himself a part of my Inheritance; Unless he hath some ways 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 merely void in itself. 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 lie in order. First, It is a Case adjudged, and reported by the Lord Cook, L. Cook 8. Rep. Dr. Bonham's Case. That where an Act of Parliament is contrary to common Righr and Justice, The Common Law doth in that Case control an Act, and makes it void; whereof many examples are there mentioned. Now this Act made by the Parliament (a body politic) who by the confirming of my Articles, were parties to them, is contrary to common Right and justice, because by confirming the sale of my Estate unto the Purchasers (which according to the Articles of Exeter, the Parliament were in honour and Justice engaged to restore unto me 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 be avoided, but by a mutual consent, and consequently they have therein opposed Common Right, and justice, upon which the mutual bond of Articles is grounded, whereby their Act, according to the said Judgement, reported by my Lord Cook, is merely 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, controls all Laws, and Ordinances made in opposition to it. But if the said Act be not for these Reasons void in itself (as I do in some cleverness conceive it is) Yet notwithstanding 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 notwithstanding; 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 employment doth act by virtue 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 January, 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, authorising 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 alleged 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 August last past, deliver our judgement 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 judgement 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 January last past, relating to the Petition of the said Sir John Stawell, and authorising us to give the Petitioner speedy relief, or otherwise to certify to your Highness the obstructions we found therein; We have, in observance thereof, and upon the Petition and Motion on Sir. John's behalf, reviewed our former judgement; and upon hearing his Council, who informed the Court, That the Petitioner in pursuance of our judgement, 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 judgement thereupon, but could not obtain their admission thereunto; By reason whereof, the said Articles, as to him, and our said judgement, were rendered fruitless, and ineffectual, in regard the benefits and privileges allowed by the said Articles and judgement, 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 judgement 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 purchasers of Sir John Stawell's Estate, should quietly possess and enjoy the same according to the several Contracts made with the trusties; 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 empowered to compound with any Delinquents, save only 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, or granted to the Enemy, and afterwards confirmed by Parliament, any thing in that writing, or otherwise, to the contrary notwithstanding; 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 limited 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 judgement of the same Court, and as they conceive by your Highness also; which being the sole impediment, and only at present, as we apprehend, removable 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 justice, humbly submit the premises to your highness' consideration and judgement, to do and direct further herein as to your Wisdom and justice shall seem meet, Io. Bradshaw Will. Underwood Matth. Sheppard John Ireton John 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 public Sale; Authorities and Reasons why public 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, and conveniency unto the State, and private Purchasers, as the chief end, which they prefer before those great and sacred ties of honour, Faith, and justice, recommended unto us by the Word of God, and most religiously observed in all ages, by the most famous commonwealths, 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 commonwealth among the Grecians) that he had a design to render them the Masters of all Greece, the effecting whereof was most infallible and easy, 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 easy, but that withal, 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 justice, before all those of Profit and Advantage. Sir Walter Raleigh's History of the World 1 part 5 Book. ATtilius Regulus, a Roman Consul, in the first Punic 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● Anthony. 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, only 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 only 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 honour; 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 precedents upon this subject. 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 garrison of 3000 men, commanded by the Earl of Warwick, a person of great honour and gallantry. All France takes an Alarm at their arrival, as being very sensible of their known valour, and just pretention to that Province, and a great army is presently drawn round about it to the siege 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 soldiers, which in a few days consumed the greatest part of the besieged, and forced him to capitulate for rendering 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 dishonourable 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 justice, whereby he merited a favourable reception from that noble Princess, and found an honourable place in history, THe Case of Sir John 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 Pembroke, when Edward the Fourth having defeated him recovered his Right, and was acknowledged King of England; the Lord Herbert was employed by the new King to reduce that Castle held by Sir John 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 practice 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 virtue of that Act of Parliament were seized into the King's hands, and divers of them granted over unto others; Sir John 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; Which is my very Case, without any difference at all, save only this, That he was by that Judgement settled again in his estate, which I am yet in expectation of, by virtue 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 aught to be the guide of all our actions. Josh chap. 9 WE read in Joshua, That God himself by his Decree (infinitely more just and binding, than any Act of Parliament) had appointed all those Nations who dwelled within the Land of Promise to be destroyed root and branch, and given their Lands unto the Israelites; Joshua 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 Joshua, and procured Articles by surprise 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 quarrel, and punished the whole Land with a great Famine for that offence, which did not cease until that breach was expiated by the execution of seven male persons of his Family. Here we are taught by a divine example, how strictly he 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 honour, public Faith, and justice (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 honourable Officers of the Army, and had a very favourable 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 empowered to give relief to all that should be damnified, or molested, contrary to Articles, who in pursuance thereof, have by their just and honourable 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 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 clear myself 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 graciously pleased to empower 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, enabled to make before them. The sum of my humble Petition to your Highness (now lying before your council) 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 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 itself a stamp of the Divinity so perfect, as when an eminent person employs the full extent of his whole power in relieving graciously the miseries of human kind: How great and weighty soever your highness's occasions may be at present, I doubt not but some small time will be found out for this, when you shall consider how conformable this action will 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 judgement of the Court of Articles, I may obtain the actual possession of it by the assistance of your Favour and justice. FINIS. 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. John Ashe, and finding that he hath also therein made me a copartner with you in his displeasures; I shall acquaint you with an Answer to so much as concerns myself, 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 endeavour to make good by writing (which is too common now adays) being the least he can do to bolster out his Cause, would undoubtedly lie very heavy upon his Credit. In the Pamphlet entitled, 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 calendar time, he says true, for Sir John Stawel appearing first the sixth of August, came within the time limited. First, I do aver that Sir John Stawel petitioned the Committee sitting at Goldsmiths-Hall, in July, 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 limited by his Articles; Which Sir David Watkins also testifies, and streightens it to a lunary month, which I had no reason to do, being a thing so long passed, and might have slipped 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 alleged in pag. 56. But for the allegations in pag. 66. That Sir John Stawel did not appear until 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 believe, few or none of the Committee knew of it; I have spoken with several of them, since the publishing of the aforesaid Pamphlet, and they deny the knowledge of it, and I protest so do I, best known to Sir John 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 John Stawel had appeared at, and petitioned to the same Committee the week before? And further, how could it truly say, that Sir John 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 calendar 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 favoured you at the Committee, and I, the violentest man of all against you, knew nothing of it; And therefore again, Sir Anthony Irby disowns 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 fortnight's 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 justice, or rather unjust, neither can he be excused of casting snares in Sir John's way, to satisfy his passion (Sir Anthony being the violentest man of all against him) though to the breach of the Faith of the Army and Nation. For Answer to which, I say, First, It is only their bare affirmation, that I was the violentest man against Sir John 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 believe Sir John 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 John 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. John Ashe saith, in a book written, annexed to the former Book, p. 17. where his justice dealeth with me as formerly concerning that part of my Testimony wherein I mention what passed betwixt Sir Edward Bainton and myself at Sir Abraham Williams his house; That I should call that a manor, which he saith is but a Farm; I confess I might be mistaken in that; for truly in our poor Country, you shall scarce meet with a Farm of near that value; and I dare say, many a considerable manor would be bought with that money in our parts; for (if I be not mistaken) it cost 9 or 10000l. But the ash is grown so great now, as things of 9 or 10000l. are but farms with him; My gains have been such (after all my service) that I can show 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 days 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 John Stawel, and what friendship and love there was betwixt them; That Sir John called him Servant, and he Sir John, Master, what care he had of Sir John when he came to London, and how that I was the only bitter man Sir John 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 anybody else, but that it stood as clear, and my words were to be believed as well as Mr. Ashes; That what I had testified before them was truth, which I would justify by setting my hand to it, and if they had power to administer, I would willingly take my Oath of it, or otherwise justify 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 ask me a Question or two, which the Committee gave leave unto. The first was, Whether I was not present at Goldsmiths-Hal the first and second time Sir John Stawel appeared there? I answered, I was, pag. 16. The second was, Whether the Committee did order Mr. Stephens to make a Report to the Parliament? I Answered, there was such an Order, but those words in his Pamphlet, p. 16. inserted in the body of this Question, in a Parenthesis, viz. (Taking offence at Sir John Stawell's language and misbehavior there) was no part of the Question to me, but falsely put into his Book, as he entered the Warrant of the fourth of August, and done here with the same malice both to Sir John his Master, and to me his Friend. The third Question was, Whether to the making of the Order for Mr. Stephen's 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 whereas Mr. John 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 joined with us, to my best remembrance.) And if Mr. John Ashe had had so great a respect to his old Master, as he would have the world to believe, he might have proceeded in Sir John Stawell's Compositions; for the House, whereof he was a Member, could take no exceptions, they having approved of the Articles. Sir, With as much shortness as I could, I have made a true and faithful Relation and answer to such things as I judge material, for the rest I value not; My Credit not standing upon any man's sayings, but my own Actions. I rest, Your Servant, ANTHONY IRBY. 12 May, 1655. To my honourable 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 Stawell's Remonstrance. I Cannot but much admire that Mr. John Ashe should be so sensible, and displeased at my just Certificate made concerning Sir John 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 justify, 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 John Stawell to answer a supposed Contempt, was made and entered, mentioned in pag. 26. of the Pamphlet, set forth by the Purchasers of Sir John Stawell's Estate, of which Order or Summons I conceive, most, if not all of the Committee (except Mr. Ashe) were, as myself, unknowing thereof; although both they and I acted therein with faithful, and unbiased 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 riot, 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.