AN ANSWER TO DIVERS SCANDALS Mentioned in a certain Pamphlet, Entitled, THE Humble Remonstrance OF Sr. JOHN STAWELL.  
WRITTEN By JOHN ASHE Esquire, 1654.  
LONDON, Printed by Thomas Newcomb, dwelling in Thamestreet, over against Baynard's Castle, Anno Domini 1654.   

AN ANSWER TO Divers Scandals mentioned in a certain PAMPHLET, Entitled, THE Humble Remonstrance OF Sir John Stawell.  
IT is not my purpose at this time, to write an exact Narrative of all proceed and passages which have been in the Case of Sir John Stawel, from the 18 of July 1646. which was the time of his first coming to London from Exeter, unto the year 1652. at which time he was Arraigned before the High Court of Justice; I having done that formerly even upon the first sight of that Scandalous Pamphlet, Entitled, The Humble Remonstrance of Sir John Stawell; but did not at that time expose it to public view for these Reasons.  
1. First, Because an Answer had been given by me to all those Particulars which may any way seem to reflect on me before the High-Court of Justice, to the general satisfaction of the whole Court, and all that were present, and to the shame and confusion of the said Sir John Stawel, who was then a Prisoner at the Bar of the said Court.  
2. Secondly, Because the Scandals mentioned in the said Pamphlet, were so apparently false and improbable, that any one who hath been in the least manner acquainted with those transactions, might easily perceive, even in the said Paper, a manifest confutation of those falsehoods, which are therein maliciously suggested, and vainly charged on me.  
3. Thirdly, Because that in regard of my respects to his Family, I was willing to be silent, lest in giving an Answer to those scandals, wherewith he endeavoureth in the said Pamphlet to asperse me (by saying that I did clandestinely obstruct his composition) I should do what I conceive myself at this time obliged unto (viz.) clearly prove by undeniable arguments and circumstances, that he never intended to compound at all, but resolved on the contrary, flattering himself with hopes of seeing the late King restored to his Power and greatness, from whom he might receive not only his whole Estate, (which was unjustly taken from him, as he constantly affirmed) but also a great reward for his many sufferings in owning and defending the Cause of the said King, beyond any of his Party.  
But since the Honourable Parliament hath been pleased to refer the Petition of the said Sir John Stawell unto a Committee, where the matter of Fact may be throughly examined, to the end that my testimony on the behalf of the Commonwealth, may not seem to be any way impeached, in regard of those feigned Scandals mentioned in his said Pamphlet, and lest my carriage in the business of his Composition, might be misrepresented to those who were strangers to my actions therein,  
I have judged it necessary to publish these ensuing lines, premising a few Particulars which were fully cleared in that discourse, which I did then write, which are as followeth.  
First, That although Sir John Stawell did appear at the Committee of Goldsmith's Hall, about four days before the time limited by the Articles of Exeter for Compositions were expired, yet he never intended to make any Composition there according to the Order of Parliament, and the Rules prescribed for Composition upon the said Articles, but did oftentimes declare his resolution to the contrary: And when the Lady Stawell his wife, and Sir Edward Stawell his son then in France, did earnestly solicit him, that they, or either of them, might Petition the Parliament to be admitted to compound for the said Estate, since he refused it; Sir John Stawell did deny to give his consent thereunto, and did threaten his said son, that in case he did attempt any such thing, he would disinherit him; and was much incensed against the said Sir Edward Stawell, for that he had written Letters unto Mr. Ashe for his admission to Composition, since his Father refused it; some of which Letters Sir John Stawell intercepted.  
2 That Sir john Stawel did wholly depend upon the late Kings restoring to his power and authority, that from him he might receive not only his whole estate, (than unjustly taken from him by the Parliament, as he said) but also a great reward for his many sufferings, in owning and justifying the late King's Cause beyond any other of his party; and did send to the said King when he was last at Hampton Court, desiring him to take notice of the great suffering he had undergone for his Majesty's Cause: and did let him know the hopes he had of his Majesty's great favour, and reward when he should be restored.  
And upon this confidence did Sir john Stawell neglect his composition, and refused the benefit of Exeter Articles.  
3. That Sir john Stawell, during the life of the late King, and after his first appearance at Goldsmith's Hall, did never tender any Petition for his admittance to composition, or to claim the benefit of Exeter Articles, either unto the Parliament or Committee of Parliament, or any other Court whatsoever.  
And when in the life time of the late King, he was arraigned for Treason at the Upper Bench Bar, he did not then claim the benefit of Exeter Articles, nor made any mention of them; for his exemption from that trial: but on the contrary, he not only refused to own the Judge that sat there, by Commission from the Parliament; but uttered an expression to the Court to this, or the like effect, viz. My offence is not Treason, for which I am here arraigned; but because I would not permit the Committee of Goldsmith's Hall to pick my purse, and give my consent to pay a sum of money for the redemption of my Estate, which is unjustly taken from me: by which expression, he sufficiently declared his resolution against compounding.  
4. That I did with all reality and faithfulness, use my utmost endeavours to persuade Sir john Stawell to submit unto the Parliament, and to make his Composition; that so himself and his posterity might be preserved from ruin: and that Sir john Stawell did refuse to follow that my council and advice, and did declare that his resolution was not to Compound, but to depend upon the said King's favour.  
And when I did press him to follow the examples of all the other Gentlemen of the King's Party who submitted to Composition, he did seem to jeer and deride them for their follies, intimating that his Estate would be restored him by the King, with sufficient damages from those that had possessed the same during the Sequestration; and for that reason would not permit either his Lady, or any other friend for her, to take any of his Estate at a Rent from the Sequestrators.  
Fifthly, That those scandalous aspersions cast upon me by Sir John Stawell in his Pamphlet, Entitled his Humble Remonstrance, and mentioned in page 23, 24, 28, and 30. are mere fictions, and never heard of by me, or any other person that I could ever meet withal, until the Parliament had ordered Sir John Stawell to be tried by a High Court of Justice, and had required me to attend the said Court, as a Witness against him. And I do believe that Sir John Stawell did frame and contrive those false and scandalous fictions, after the death of the late King, hoping thereby to save his reputation, and to excuse his wilful perverseness; thereby endeavouring to make the world believe that it was not his own madness and folly that had brought him to ruin; but the treachery of a friend, upon whom he relied: And this is one reason, as I verily believe, that those fictions were printed and published.  
6. And lastly, That in case I should at any time hinder Sir john Stawel's Composition; nay, if I had not endeavoured to the utmost of my power, to persuade him to the same, I might deservedly be censured to be guilty of as much madness and folly, as he now lieth under for not Compounded.  
For that the Parliament had Ordered Sir john Stawels Composition-money, with the Compositions of Mr. Coventry, and Sir Edward Moseley, to be paid unto me for the discharge of several disbursments and engagements which I had paid and entered into, together with Col. Alexander Popham, Col. Nathaniel Fines, Col. Hollis, and other Gentlemen of the County of Somerset, for the service of the Parliament, and paying of their Forces; and by the said Order, I was to receive some satisfaction out of the said Compositions, towards my great loss and damage sustained by the late War; but Sir John Stawell not compounding, those debts, disbursments, and engagements, are not all satisfied and paid, nor have I received any satisfaction towards my said loss and damages, by which means I and the other Gentlemen above mentioned, have and will suffer very much, in case the Parliament do not discharge those obligations still in force.  
And I in particular do lose at least five thousand pound, for that Sir John Stawell did not make his Composition, for that his Composition amounted unto seven or eight thousand pound, or thereabouts.  
These, and many other particulars are set forth, plainly manifested, and clearly proved, in the Treatise which I did then write, as is above mentioned; but in regard the Book proves to be of so large a volume that it will require much time in the Printing thereof, and if Printed, those Honourable Persons to whom Sir John Stawell hath directed his Remonstrance, will want time, as I conceive, to read the same. I have therefore for these and the other reasons first given, and in the beginning of this Treatise expressed, contracted the matter, and only printed something for the present in answer to what is contained in the pages 28 and 30 of Sir John Stawels Pamphlet, Entitled, his Humble Remonstrance, and is as followeth.  
READER,  
In the first Page of the said humble Remonstrance of Sir john Stawell, he doth engage the Faith of a Christian, and honour of a Gentleman, to declare and Remonstrate his Case in all humility and truth: In answer to which, I may with confidence affirm, and do presume, that the ensuing discourse will clearly prove the same; that if his actings in Somersetshire, and his deal with the people of Taunton, be as truly declared and related, as those passages set down in Page 23. 24. 28. & 30. concerning his discourses & proceeding with myself, that then there is not scarce one line of truth in the whole narrative: for I do say and affirm, that the whole relation contained in Pages 23. 24. 28. and 30. is a false and scandalous aspersion, and a fiction invented and contrived by Sir john Stawell since the death of the late King, for the ends and reasons before mentioned; and because the matters contained in pages 28. and 30. do seem most to reflect upon my reputation, and are more notoriously scandalous than the rest: I am resolved at this time to give an Answer only to those, and the rather because the passages contained in pages 23. and 24. relating to Sir john Stawell's appearance at Goldsmith's Hall, his miscarriages there, and the report thereof made to the Parliament will be examined, and at large declared before the Committee, now appointed to examine the same.  
Reader, if thou shalt seriously peruse, what is set forth by Sir john Stawell in page 28. thou mayest easily perceive, that his design is to insinuate these particulars.  
First, that Sir john Stawell being put into a little dark corner, where he was kept from nine of the clock in the morning, till three in the afternoon, and no man suffered to come to him but Mr. Ashe, and that then Mr. Ashe resorted to him four or five times, during his abode in that little dark corner.  
Secondly, that whilst Sir john Stawell was in the said dark Corner, Mr. Ashe did treat with him about the purchase of his Farm at Abery, and did offer to give four thousand pound for the same.  
Thirdly, that some few days before Sir john Stawell was put into the said dark corner, Mr. Ashe had discourse with him about the sale of his Fee-simple lands to pay his composition.  
Fourthly, that Mr. Ashe having discovered his desire to buy the Farm of Abery, he was sharply reproved for the same by Sir john Stawell.  
These four particulars are plainly set down, and with convenient boldness affirmed in this Paragraph. Unto all which I shall in the first place make this general Answer, and for the proof of it I have more than one hundred witnesses: Sir john Stawell being brought before the High Court of Justice in Westminster Hall; and I being then present as a witness by order of Parliament: Mr. Attorney General was pleased, to acquaint the Court that Sir john Stawell (at his first appearance there, when Mr. Ashe was absent) had cast out some words of reflection against him, and had likewise filled the Town with reports of the great matters he had to charge Mr. Ashe with all, if ever he appeared in that Court: Whereupon the said Attorney General did pray the Court, that since Mr. Ashe was there present, Sir john Stawell might openly declare what he had to charge Mr. Ashe withal; which motion the Court approved of, and thereupon willed Sir john Stawell to speak what he had to say; Sir john Stawell willingly condescended to what the Court had approved of upon Mr. Attorney's motion; and then related several headless stories, fictions of his own brain; and when he had said all, Mr. Attorney told the Court that he did believe, Sir john Stawell had much more to say, for that which he had then spoken did not any way reflect upon Mr. Ashe, nor answer the reports he had spread about the Town; wherefore the Attorney General pressed Sir john Stawell again and again to speak all that he had to say; and Sir john Stawell then said he had spoken all: Then the Lord Precedent of that Court spoke unto Sir john Stawell to this effect. Sir, the Court with much patience hath heard you tell a long story, though nothing at all to your business that is before us; the substance of which you have now said, is only this: That Mr. Ashe did advise you to sell your Farm at Abery, and with that money to pay your composition; did he, or any for him treat with you to buy the same, or did he discover any desire he had to buy the Farm at Abery of you?  
Sir john Stawell answered not my Lord he did not; how then said the Lord Precedent can this story of yours reflect upon Mr. Ashe. Yes said Sir john Stawell, for I do think or believe, that Mr. Ashe did intent to buy the Farm, because he did advise me to sell it.  
This being the truth of all that Sir john Stawell had then to accuse me of; as to the purchase of the Farm of Abery, the Reader may plainly perceive, that then he had not fully contrived the fiction and Scandal now printed in his Remonstrance. But let us now farther examine the particulars; Sir john Stawell, in that part of the Paragraph from whence the first particulars above mentioned is taken, hath so penned the same, as if the Reader should conceive, that the Sergeant at Arms attending the Parliament, had by direction from me placed Sir john Stawell in that little dark place, that so I might with the more privacy treat about the pretended purchase; when as I did not know where the Sergeant had put him, or did know that little dark Corner, as the Sergeant can and will testify.  
That Sir john Stawell was kept in that little dark Corner, from nine of the Clock in the morning, till three of the Clock in the afternoon, and no man permitted to speak with him but myself, is that which I can give no answer unto; but I do believe that the Sergeant at Arms, who put Sir john Stawell into that place can and will testify the contrary.  
But that I did resort unto Sir john Stawell whilst he was in that dark place four or five times is a notorious untruth, and a contrivance to complete the remainder, viz. the grand fiction; for besides the testimony of the Sergeant at Arms, who knows the contrary. Sir john Stawell towards the end of this Paragraph faith, that after▪ (as he pretends) I was sound reproved for attempting to purchase the Farm of Abery; I than left him, which was about a quarter of an hour before he was called to the Bar of the Parliament. Sir john Stawell doth not say that I came unto him again, whilst he was in that dark Corner, nor can the ingenious Reader believe that after Mr. Ashe had received such an angry reprehension from Sir john Stawell, for attempting that purchase, he would resort unto him any more upon that errand; therefore it must be understood, that Mr. Ashe resorted unto Sir john Stawell into that dark Corner 4 or 5 times between the hours of 10 and 11; for I do affirm and believe that the Sergeant at Arms, besides many other persons do yet well remember,  
That it was 10 of the Clock when the Sergeant first gave notice to the Speaker, that he had caused Sir john Stawell to be brought, and that he was at the door to attend the pleasure of the House; and that at or before 11 of the Clock Sir john Stawell was called into the House, and from thence ordered to Newgate.  
To the second part of this Paragraph, where Sir john Stawell saith, that some few days before he was brought to the Parliament, and put into that dark Corner; Mr. Ashe had some discourse with him about the sale of his Fee-simple lands, to pay his composition: I do give this answer, that the same in every particle is an absolute untruth; for that neither a few days before, or at any time in all my life, had I any such discourse with Sir john Stawell.  
And therefore I do now advise Sir john Stawell that in case he shall print another Remonstrance, to employ his invention to find out the place where, and the time when, the aforesaid discourse was between us; and certainly he must then contrive it, as if it had been in some unknown place in Utopia for it was never spoken in England.  
But Sir john Stawell hath saved us the labour, to inquire further after the time when the said discourse should be between us; for he tells us in the very same page, that this discourse was when Deans and Chapters Lands were set to sale for 10 years' purchase; which was in the year 1649. and in the year 1646 when this discourse is pretended to be; both Houses of Parliament had then settled the Deans and Chapters Lands, for the increase of the Ministers Maintenance, and the Scholars in the Universities, and those Lands were never put to sale until the year 1649. wherefore Sir John Stawell must here be put in mind of the old Proverb (which in civil English signifies thus much) That, A good Memory is needful to those who shall frame feigned discourses.  
As for those two other particulars drawn from this Paragraph (viz.) That Mr. Ashe should Treat with Sir john Stawell about the Purchase of his Farm of Aubery, and offered for the same 4000 l. And that Sir john Stawell should sharply reprehend him for this Treaty and Offer, which is the grand fiction, and principal ground work upon which all his other Stories are raised, I can give no other answer thereunto, than what I have given to the former Accusations: Which is, That I never had any such Treaty with Sir john Stawell, or did offer him the said Sum of 4000 l. and I have no less number of Witnesses to make good this my Affirmation, than all those Honourable Judges who sat at the High-Court of Justice, and those Gentlemen who were at the same time present, when Sir john Stawell did there relate this story, as is v at large recited.  
And now to the end the ingenious Reader may rightly understand, and be truly informed upon what unjust grounds Sir john Stawell hath made this great noise, and cast these false aspersions upon me; and that the world may behold the slender twig which this prudent, yet wilful and obstinate Gentleman hath catched at, to save himself, his estate, and lost reputation, from an absolute sinking, is one end of this present Writing.  
I shall in the next place set down, and give the Reader a true, faithful, and exact Narative of all that was said and done by me, at the time when Sir john Stawell was brought to the , and put into that little dark corner, as he is pleased to call it: Which is as followeth.  
Upon the 18 of August, 1646. about nine of the clock in the morning (prayers being ended, and the Parliament sat) Mr. john Stevens took the first opportunity to acquaint the Speaker, that he was ordered by the Committee at Goldsmith's Hall, to report to the House the insolent behaviour and miscarriage of one Sir john Stawell that came there under a pretence of a Compounder, That the Committee of Goldsmith's Hall had delivered the said Sir john Stawell to the custody of the Sergeant at Arms, that so he might be forthcoming, to answer that Charge which he should then give against him; and therefore did move that the said Sergeant at Arms might be ordered to bring Sir john Stawell to the Bar of the House, to hear the Charge which should be delivered against him in his said Report. And the Parliament did then order the Sergeant to send for Sir john Stawell from Ely House accordingly; which done, the House fell upon the Debate of other Business, which took up the greatest part of the forenoon.  
That about ten of the clock, the Sergeant came and informed the Speaker that Sir John Stawell was there ready, if he pleased to have him called in; the Speaker made answer (according to the usual custom) that as soon as the business then in Debate was at an end he would put the House in mind thereof, that so Sir John Stawell might be called in.  
I then observing that the present Debate, in which the House was then engaged, was like to last for half an hour, or more, out of my real and hearty respects to Sir John Stawell and his welfare, went out of the House on purpose to sit with him and keep him company, resolving to spend that time in giving him my best advice and council, to prevent (if it might be) his utter ruin.  
But coming forth to the Lobby without the Parliament door, where usually all persons are placed, who either are brought or sent to appear before the House of Parliament, expecting to find Sir John Stawell there, but missing of him, I returned back into the House to the Sergeant, to be directed by him where Sir John Stawell was, and thereupon the Sergeant at Arms said to me, come along with me, and I will bring you to the place where Sir john Stawell is; and accordingly the Sergeant brought me to that little room mentioned in his Remonstrance, upon the head of the stairs, a place that I never saw before, or ever heard of and there I found Sir john Stawell sitting by himself, with a Tobacco-Pipe in his hand, and a candle burning by him: What Mr Serjeant (said I) is this little Cell to which you bring me: This is, said the Sergeant, my own Retiring Quarter, where I have always two or three bottles of good Wine to refresh myself, and all accommodations, as Tobacco, etc. to welcome my friends, if there should be occasion: And thereupon the Sergeant very nobly offered Sir john Stawell and myself the said entertainment; which done, the Sergeant departed to attend the service of the House, promising me, that assoon as the Debate of the House grew to a conclusion, he would come and give me notice thereof, that so I might return to the House when Sir john Stawell was called in.  
Now when the Sergeant was departed, and Sir john Stawell and myself alone together in this said little room, out of my real and hearty care of his welfare, I did most seriously and earnestly press him to be well advised of what he said or did when he came to the Bar of the Parliament House: For, said I, if your carriage here, should be like that at Goldsmith's Hall, you will be undone for ever; and much to this purpose I spoke then to him. Sir john gave me the hearing, but replied very little, only sometimes when I was earnest with him to submit and conform, he would reply. Come, come, trouble not yourself, I shall do and say (when I come into the House) what I shall think to be most fit. And when I had there even tired myself in giving him my most earnest and importunate advice, and had pressed him to submit and conform, wherein I spent about half an hour; the Sergeant came and gave me notice that the present Debate in the House was drawing to a conclusion; and therefore advised me to come away; Rising then to departed, I said to Sir john Stawel, be not, I pray you, so wilful and obstinate as to destroy yourself and your whole Posterity, but harken to the friendly advice that I have given you; and with that I was stepped one foot without the door of the said little room, going away, at which time Sir john Stawell arising out of his place, and coming towards the door after me, said, I pray what is that good advice that you do give me! To whom I replied, When you come to the Bar of the House of Parliament, do you there acknowledge your miscarriage at Goldsmith's Hall, and pray the pardon of the House, and desire that you may be remitted to Goldsmith's Hall, there to make your Composition according to the Articles of Exeter. Sir john Stawell replied, Is that your advice? I like it not; for, were I willing, yet I am altogether unable to pay the money of a Composition, for I have no money to pay it, but am already indebted, therefore your advice is not seasonable and good. Fie, fie, what mean you Sir john Stawell, replied I, do not you know that I am very well acquainted with many Gentlemen whose debts are great, and the encumbrances upon the estates very many, who pay for their Compositions, some three years' value, some five, and yet they make a shift either by mortgaging or selling, to save a part, rather than lose the whole; and you, said I, have lately bought a Farm in Wiltshire, which is an addition to your Estate at Awbury; and (as you told me yourself) cost you between eight and ten thousand pound; 'tis but the selling again of that Farm, and your Composition is paid, and all the rest of your Estate saved. Well, well, said Sir john Stawell, all your advice tends to this, That I should sell away part of my Lands: No, replied I, my advice is, that you should submit unto a Composition, and save yourself and your Estate from ruin; and so I departed from him into the House of Parliament, and never spoke with him more until about four or five days after, when I was sent for to visit him at Newgate: And by what means I came to Newgate and the passages between him and myself, doth follow in my Answer to the next Charge mentioned in the 30. page.  
Reader, thou mayest observe that Sir john Stawell in his relation of the matter, doth acknowledge that in all my discourse, I did seem to condole his deplorable condition; and Sir john Stawell thought then that I did really, and not seemingly compassionate him, as will appear by what passed between us four or five days after at Newgate. It was always the study and endeavour of Sir john Stawell, to gain himself the repute of a wise, stout, and prudent Gentleman: and so no doubt he thought himself to be, when he could laugh at the indiscretions of all those that made their compositions; whilst he did with a strong Faith, behold at a very remote distance, the King restoring him to his Estate without money, and therewith a liberal reward for his great sufferings, in justifying and owning his Cause beyond any other of his party: and I do believe, that Sir john Stawell having through his pride and obstinacy lost that his reputation, in the judgement of the world, is therewith as much troubled as at the loss of his Estate.  
But now Reader, thou art here desired by that which followeth, to observe the wisdom and prudence of this Gentleman.  
Whereas in the former relation; mentioned in page 28. unto which I have given an Answer: Sir john Stawell might suppose when he penned that invention and contrived fiction, that his bare affirmation thereof might beget credit with those that read the same, thinking that I could make no reply thereto, but a plain denial; because the discourse was in private betwixt us two.  
But here in his second relation (a choice invention) set down in page 30 and 31. a relation wherein truth is not found in any one line; in the penning whereof Sir john Stawell's own conscience and reason could tell him, not only, that the things there related were untruths, but that I had several witnesses to prove them so to be; and if so, then Sir john Stawells great wisdom and integrity, or rather something else is here to be admired, especially since he hath engaged the faith of a Christian, and honour of a Gentleman to make a true relation.  
Reader, If thou dost seriously peruse Sir john Stawel's Relation, set down in page 30. and 31. to which I am now to give an Answer, thou wilt find there these three particulars much insisted on.  
1. That Mr. Ashe merely of his own accord and officiousness (nay if it be true that he received that sharp reprehension, but four days before, from Sir john Stawell) did most debasedly, unsent for, resort unto Sir john Stawell then in Newgate, after he had been three or four days in that prison.  
And that he did then and there most earnestly solicit him, that he might be employed in doing Sir john Stawell some further service.  
2. That Sir john Stawel did then resolve to Petition the Parliament, that he might be admitted to his composition, and restored to his liberty; but Mr. Ashe disliked that Petition which he had drawn to that purpose; because it did express that he had formerly submitted to Composition, but was denied, for refusing the Negative Oath and Covenant; and that Mr Ashe persuaded him to draw up a Petition in another Form, which he consented unto; a Copy whereof is inserted in page 31 of his Remonstrance.  
3. That Mr. Ashe did engage and promise Sir john Stawell to deliver that his Petition to the Parliament, and although Mr. Ashe was often solicited, and minded of that his engagement and promise, yet to this day he never delivered the same.  
And here Sir john Stawell, might with as much truth have added, that which he did affirm at the High Court of Justice, where his expression was to this effect,  
That in three or four days after he was committed to Newgate, he did draw an humble Petition to the Parliament, wherein he did acknowledge his miscarriage, and desired that he might be remitted to Goldsmith's Hall, there to make his Composition; which Petition he commended to the care of Mr. Ashe, (who called him Master, he noting thereby the intimacy and familiarity that was between us.) And Mr. Ashe did engage to deliver the same to the Parliament, but never performed his engagement; by which failer and breach of his trust, Mr. Ashe like Judas betrayed his Master.  
To the first of these I answer and say, that there is not one word of truth in it, save only that I was with Sir john Stawell in Newgate, about four days after the Parliament had committed him to that prison; but I do deny that I came thither of my own accord and unsent for, as Mr. Edward Ashe, the Lady Stawell, and her waiting woman can and will testify.  
For thus it was, that upon the day before mentioned, the Lady Stawell between 9 or 10 of the clock at night (when Mr. Edward Ashe his gates were fast shut, where I then lodged,) came thither, and desired that the gates might be opened, that she might be admitted to speak with Mr. john Ashe, and to deliver unto him a message from Sir john Stawell: Mr. Edward Ash did unwillingly permit his Gates to be opened at that time of the night; but because the Lady Stawell was a person of honour and worth, did assent thereunto.  
And when the Lady Stawell came in, she found me and Master Edward Ashe in a little Parlour sitting together, and ready to go to bed.  
Then said Master Edward Ashe to the Lady, Madam, What business hath drawn you abroad so fare from your Lodging, at this time of the night? Sir, said she, I am sent in a message to your Brother, Mr. John Ashe, from Mr. Stawell, my Husband, now in Newgate, who doth earnestly desire your Brother to come unto him presently; for that, she said, Mr. Stawell hath a business of great concernment to impart unto him, which will not admit of any delay, but with the danger of his life. Mr. Edward Ash then replied, Madam, my brother shall not, with my consent, go forth of my house at this hour of the night, and I hope you conceive it not fitting, and so will he (my family and servants being all in the Country) and that it will not stand with my safety to keep my Gates unshut, so long until my brother shall return home, in case he do go along with you to Sir John Stawell, as you desire. And I did then tell the said Lady, that it was a very unseasonable time, at that hour of the night, for me to go into a Prison, and desired her to excuse me unto her Husband, letting him know, That I would be ready any hour the next day, to wait upon him, if he should please to desire it: But the Lady Stawell continuing on in her importunate request, and telling me, That in case I did not go with her, and speak with her Husband, he would not rest that night, nor would his mind be at quiet; and that he gave her in charge not to return until she brought me along with her. The Lady with these importunities at length prevailed with me, and I went with her to Newgate to sir john Stawell, where he than lay.  
Now this being the very truth, as I have here related it, and what the Witnesses aforenamed can and will testify, I do presume, that the ingenious Reader cannot believe, that I would at that unseasonable hour of the night go to Newgate, and there earnestly solicit sir john Stawell to employ me in some new service, when but four days before, (if his relation in page 28 were true) with a severe reprehension he did cashier me from his service.  
But what was said and done by me, and sir john Stawell, that night at Newgate, is in the next place to be declared, and is as followeth, being my answer unto the second particular contained in the 30 and 31 pages of the said Remonstrance.  
When I came to Newgate, and the Lady Stawell had directed me to her Husband's Lodging, I found sir John Stawell sitting in a Chair, taking a Pipe of Tobacco, who said to me, You are welcome; this is done like a friend indeed, to visit me in Prison so late in the night; and then called his man to give me a stool to sit down by him, and requested me to accompany him in taking a Pipe of Tobacco; I told him that I understood by his Lady, that he had a business of importance to impart unto me, and therefore had sent for me: I desired him, in regard it was very late, That he would let me know his business, because I had engaged to my Brother in Fanchurch street, to return home unto him speedily. Sir John Stawell still pressed me, first to take some Tobacco, saying, It was not then much past ten of the Clock, and his custom was, not to go to Bed before one or two in the morning. The Lady Stawell, then standing by, said, I pray Mr. Stawell impart unto Mr. Ashe what you have to say unto him, for which you caused me to bring him hither: For I have engaged to Mr. Edward Ashe, that his Brother shall not be detained here by you above half an hour at the most. Sir John Stawell hereupon caused the servants, then present, to departed the Room, and there was only left with me, himself and his Lady. Then said Sir John Stawell, Mr. Ash, you know very well in what houses, and in what manner I have lived all my life time; and now see into what a noisome and little ugly Chamber I am put into There, said he, (pointing to one side of the Chamber) is a Trunk, through which passeth the filth of the upper Prison; and under my Chamber is the Vault, into which all the filth of the Prison is emptied; by means whereof I am annoyed with such a noisome stink, the weather being hot, that it is impossible for me to endure it for any time without the danger of my life: Wherefore you being my only faithful friend, upon whom I can rely, did think fit to send to you for my relief; and therefore do now entreat you, That either by a Motion, or upon a short Petition, you would procure leave from the Parliament, that I may be removed to another Prison, where I may enjoy the benefit of the open air, and some wholesome walk; and if upon your Motion, or the delivery of my Petition, you nominate the Tower of London, though it be a very chargeable place, I am contented, rather to be placed there, then to lose my life in this stinking Goal. I gave Sir John Stawell then this answer, Sir, as I am most ready and willing to deliver to the Parliament, any Petition for you, that may tend to your good, so am I very unwilling to deliver that which may be for your hurt: For, said I, the Parliament will make this construction of your Petition, That you stand still resolved in you contempt of their power and Authority, and for that end, do only desire health and strength to carry you through the encounter; and therefore my advice is, and, as a faithful friend I give you my Council, That since you have a mind to prefer a Petition unto the Parliament, let it be such a one, as may do you good, and quite free you from this, and all other prisons. What Petition, said Sir John St●well, do you mean? A Petition, said I, wherein you should acknowledge all your miscarriages, both at Goldsmith's Hall, and at the Parliament, and crave pardon for the same, and let the Prayer of your Petition be, to be remitted to Goldsmith's Hall to make your Composition, and receive the benefit of Exeter Articles.  
To this advice of mine Sir John Stawell gave this Answer, Sir, you know my resolution, as to Compounding; and you know, as I have often told you, That if I had a mind to Compound, yet have I no money to pay the Composition; and therefore Sir, let me entreat you to deliver this short Petition to the Parliament for my removal out of this Prison, and therein you will do the part of a faithful friend since it is for the saving of my life. You have, said he, told me the danger of this Petition; so that if I suffer by it, it is my own fault, and none of yours.  
I did at last consent (when I could not persuade him to do otherwise) and did promise him to deliver this Petition unto the Parliament, so as he would draw it up in such humble Language, as I might not receive a reproof upon the delivery thereof, Sir john Stawell then promised to send me a foul draught of that Petition the next day, that in case I did mislike his expressions, I should correct it; and I bade him good night, and left him.  
Reader, thou hast here a faithful, and an exact Narrative of what was said and done by Sir john Stawell and myself, at that time, when I visited him at Newgate, which if compared with what is set down by Sir John Stawell in his Remonstrance, page the 30 and 31. is quite another thing; and thou mayst clearly understand, that the Petition which he often mentioneth, and which I promised to deliver to the Parliament, was not the Petition which he hath there Printed, nor a Petition for his readmission to Composition at Goldsmith's Hall, as he told the High-Court of Justice, was it but a Petition only for his removal from Newgate to a better Prison, as will more plainly appear by what followeth.  
Upon the next day after, I was at Newgate, Sir John Stawell performed his promise, and I had a sight of the foul draught of the Petition, which he intended for me; but the Preamble was penned in such high and unseemly language, that I was enforced with my own Pen to correct the greatest part of it, and so returned the same unto him again with my amendments, which he not liking, did the next day send me another Petition of his own drawing; but I disliked that also, because the language was such, as did not become a Delinquent in his condition, to tender unto the Parliament; but at last, after several amendments, when I could not prevail, to have it drawn as well as I desired, I took it as it was, and promised sir John Stawell to take the first opportunity to present it to the Parliament; which promise I did faithfully perform, and did for about sixteen days together, (for so long and no longer, had I that Petition in my custody) wait early and late to get a time to deliver the same unto the Parliament; but Michaelmas then drawing on, and my particular occasions calling me home into the Country, for the ordering my affairs, and settling my Estate there, having been above four years absent from thence by reason of the War; I thereupon sent my Letter to sir John Stawell, letting him know, That I could not gain a time as yet to deliver his Petition to the Parliament, although I had done my utmost endeavours therein, and that my occasions did call me suddenly into the Country; therefore I did desire him to direct me into what hand I should put his Petition, whilst I was absent, which should not be above three weeks at most.  
This Letter I sent to Newgate to sir John Stawell, and he returned me an answer to this effect, That he was very thankful to me for the great care I had taken in the delivery of his Petition, and was sorry that it had no better success; and that since my occasions called me into the Country, he directed me to place his Petition in the hands of Mr. Denzil Hollis, or Sir Philip Stapleton: the very next morning, I came to the , somewhat early before the House sat, and there very happily I met Mr. Hollis, who was in a private discourse with another Gentleman, I took the opportunity, because I was to go out of Town the day following, and somewhat uncivilly interrupting Mr. Hollis, told him, That Sir john Stawell presented his respects unto him, and had sent him a Petition, which he did desire might be presented to the House by his hand; Mr. Hollis took from me the Petition, and put it in his pocket, willing me to acquaint Sir john Stawell, that he would take care thereof: And the same day, assoon as I did return unto my Lodging, I wrote a Letter to Sir john Stawel, wherein I told him, That according to his direction, I had delivered his Petition to Mr Hollis, who had promised to take care thereof, and advised him to employ some friend to mind Mr. Hollis of the same, lest he should forget it. Sir john Stawel gave me an answer to this Letter the next morning, which Letter his servant delivered me as I was taking horse to ride into the Country; The Contents of which Letter were, That he hearty thanked me for lodging his Petition in so worthy a hand, and that he would observe my advice, by sending some friend to Mr. Hollis to mind him thereof, and so wished me a happy journey, and a safe return.  
I than went into the Country, and returned again to the Parliament about three weeks after, and assoon as I met with Mr. Hollis, I asked him what he had done with Sir john Stawels Petition, which I had delivered him? he told me, That it was such a Petition, that if he had delivered it to the House, it would have more incensed the House against him: For in that Petition, said Mr. Hollis, he desired nothing of the Parliament, but his removal from Newgate, to a better Prison. Then said I, Where is the Petition? and what is become of it? Mr. Hollis answered, That he had sent it back to Sir john Stawell, with this direction, That Sir john Stawel should draw another Petition, humbly acknowledging his miscarriages, and to desire pardon for the same, and the Prayer to be, That the Parliament would remit him to Goldsmith's Hall, there to make his Composition, and receive the benefit of Exeter Articles. And I also sent him word (said he) that if he would send me such a Petition, which would be for his good, I would not only deliver the same to the Parliament, but would engage all my friends, that his desires might be granted.  
Well, said I, did Sir John Stawell harken to your advice? and hath he sent you such a Petition? No, no, said Mr. Hollis, he doth utterly refuse to be advised by me: Certainly the man is either mad, or hath lost his wits, else he would not be so obstinate.  
Then said I, Sir John Stawell hath often been advised by me, and other his friends to follow that course which you have now advised him unto: But he hath always rejected our counsels, and is peremptory in his resolutions, which will be his ruin. And I do affirm, that I never received any other Petition from Sir John Stawell, but that which I now mentioned.  
And now Reader, having thus in all plainness and truth made thee this faithful Narrative, with all its circumstances, and shown who the Witnesses are that can (and I presume will, if called) make good the same, thou wilt exceedingly admire the front and boldness of this Gentleman Sir John Stawel, who with so much confidence should adventure to publish in Print, that which not only his own conscience tells him to be a notorious untruth, but also knows the Witnesses that can convict him thereof; and what cause hast thou then to believe those other stories which he hath printed, and were, as they are pretended, private discourses between Sir john Stawell and myself.  
I had here concluded this discourse, but finding in page 59, 60, and 61. the Copy of a Letter signed by Sir Anthony Irby, and directed unto Thracy Paunsfoot Esq and also a Certificate signed by Sir David Watkins, I thought it requisite to give some answer to the said Letter and Certificate, and then to conclude.  
In that Letter signed by Sir Anthony Irby, amongst other things which he doth there misrecite, these particulars are related and asserted (viz.)  
That Sir john Stawels deportment to us of the Committee at that time (meaning at his second appearance) and the other time that he was before us, for my part I took no offence at it, neither do I think justly there could be any: he is of himself of a blunt carriage, but for incivility I saw none at the times he was before us, either in gesture or language; for my part I would have had him admitted to Composition, knowing money would have done the Parliament service; besides, by his Articles we ought; but I was but one, others were not of my mind, but heightened his offence high, took acceptions at his carriage and language, would have it reported to the House. For my part, than I thought that there was more in it than was outwardly expressed; but the truth was, by the Order of the House, we were bound up from admitting him to compound, unless he took the Covenant, except the House would dispense with it, which they did when they approved of those Articles.  
To this part of the Letter I give this Answer, That Sir Anthony Irby was the principal man of all the Committee that took exceptions at the Paper which he is pleased now to call Sir John Stawels Petition, and was presented at his first appearance: And he first moved, That the said Paper might be rejected, saying, it was rather a Remonstrance then a Petition. And Sir Anthony Irby especially, together with all the rest of the Committee then present, were so offended at Sir John Stawels language and behaviour, that they made an Order that I (then being in the Chair of that Committee) should the next day report the same to the Parliament; which Report had been made accordingly, but that I myself (out of my respects to Sir John Stawell) did prevail with the Committee to suspend that their Order for a time; and also obtained for him this favour, That three or four day's time for consideration was given him, in which time he might amend his Petition, and therewith bring a particular of his Estate under his hand, upon which the Committee might proceed to perfect his Composition; This favour I say again, was procured from the Committee only by my mediation, much against the mind of Sir Anthony Irby, who pressed the Report forthwith to be made.  
And Sir john Stawell at his second appearance before the Committee of Goldsmith's Hall, carrying himself with the like insolency, and giving the same language (if not worse) than he did at the first: Sir Anthony Irby principally taking offence thereat, did, with the rest of the Committee then present, order Mr. john Stephens (then Chairman) to report the same to the Parliament. All which in effect I did affirm unto Sir Anthony Irby upon Thursday the 23 of November last, before the Committee of Parliament sitting in the Star Chamber, by whom Sir Anthony Irby had been examined, as a Witness for Sir john Stawell, and his Examinations are in effect the same as is contained in this Letter.  
Which Examinations being there read in the presence of the said Sir Anthony Irby, I did move the Committee to ask him two or three questions, which being granted, were as followeth.  
First, Whether he was present at the Committee at Goldsmith's Hall the first and second time when Sir john Stawell appeared there.  
He answered, He was then present.  
Secondly, Whether the Committee at Goldsmith's Hall (taking offence at Sir john Stawels language and misbehaviour there) did order Mr. John Stephens to Report the same to the Parliament.  
He answered, Yes, that Order was then made by the Committee.  
Thirdly, Whether to the making of the said Order for Mr. Stephens to Report as aforesaid, he (Sir Anthony Irby) did give his consent and his Vote in the affirmative for the same.  
He answered, Yes, he did, for there was no Member of the said Committee that gave a Nagative to the said Order.  
But in the Answer to this third Question, Sir Anthony Irby made some pause, and it stuck some time with him, because he knew it did contradict what he had said before in the justification of Sir John Stawels good language and fair deportment.  
In the next place Sir Anthony Irby in his Letter saith.  
That the Committee was bound up by an Order of the House to put Sir John Stawell to take the Covenant and Negative Oath, before he was admitted to Composition, but that Order the House did suspend when they approved of the Articles of Exeter.  
Here Sir Anthony Irby might have written the whole truth, and evidenced the same if he had been so pleased; for he knew, that by an Ordinance of both Houses of Parliament, the Committee of Goldsmith's Hall were bound up not to admit any Delinquent to his Composition, before he had taken the Covenant and Negative Oath, and that by the said Ordinance, they mere impowered to commit the Delinquent so refusing to Prison, until he should do the same. And Sir Anthony Irby doth know that the House of Lords had not then approved of the said Articles, but refused the same, and therefore the Committee of Goldsmith's Hall were still bound by the said Ordinance to do as aforesaid, and that the same Ordinance was not suspended, as Sir Anthony Irby pretends: But Sir Anthony Irby in his said Letter, doth yet proceed further (viz.)  
But since (I must confess) I have heard from some of the then Members of Parliament, that one of our Society would have bought a Manor of Sir John Stawell, that lay near him, but I knew nothing of it then, but took notice of some tartness in the party, which being neighbours and Countrymen, I something wondered at, thinking that Sir John Stawell might have exasperated him by some action in the time of Warr.  
Reader, I pray observe here, that Sir Anthony Irby doth not name the person who would have bought this Manor of Sir john Stawell, nor doth he name those Members of Parliament that told him this story, nor the time when this was told him. But in his examination lately taken before the Committee of Parliament, he doth there set forth, that the time when he heard this story, was about two years since, when Sir john Stawel was brought before the High Court of Justice, and that the Member that told it him, was Sir Edward Baynton, as they two sat together in Sir Abraham Williams his House, and that I myself was the person of our society that would have bought the said Manor.  
Where note, that when Sir John Stawell at the High Court of Justice had published this scandalous fiction, which coming to the knowledge of Sir Edward Baynton, he tells it to Sir Anthony Irby, and now Sir Anthony Irby doth make use of this story in this his Letter, thereby to induce the Reader the better to believe what he hath written in the justification of Sir John Stawell.  
Which scandalous fiction was never heard of or told by Sir Anthony Irby, till about seven years after that Sir John Stawell had been at the Committee of Goldsmiths Hall.  
And observe likewise, that Sir Anthony Irby saith, it was a Manor that I would have bought of Sir John Stawell, and that it lay near me; when as Sir John Stawell tells you it was a Farm, and it lay at Aubery, which is above sixteen miles from my dwelling, and I have no Land near the place.  
But Sir Anthony Irby's memory must be blamed, that hath here failed him, according to the common lot of those which contrive and invent such like fictions.  
As for the Certificate signed by Sir David Watkins, wherein he saith, That Sir john Stawell came to the Committee at Goldsmith's Hall, with a fair and civil respect, and presented his Petition within the time limited by the Articles of Exeter, etc.  
Where observe, That Sir Anthony Irby and Sir David Watkins, do give the selfsame evidence, as to Sir john Stawels fair and civil deportment at the Committee of Goldsmith's Hall; but Sir David Watkins, as well as Sir Anthony Irby did give his vote in the affirmative, that Mr. Stephens should report to the Parliament the insolent language and ill behaviour of Sir john Stawell before the said Committee; for saith Sir Anthony Irby, every Member then at the said Committee consented to the said Order, that Sir john Stawells miscarriage there should be reported to the House.  
I shall not trouble myself nor the Reader with any more of this old Gentleman's Certificate; for the time when Sir john Stawell came to Goldsmith's Hall, was in the heat of Summer, and it is very likely that the good old man was then nodding, and so could not mind what the Committee and himself did, or it may be his memory through age doth fail him, for it is now about eight years since that these transactions were at Goldsmiths Hall.  
It might be expected that I should give some answer to that aspersion which Sir john Stawell hath cast upon me and Mr. Stephens in the first Paragraph of p. 26. of his Remonstrance, where he seems to insinuate, and would make the Reader believe that the Report which Mr. Stephens made to the Parliament of his insolent behaviour before the Committee of Goldsmith's Hall, was no other but what Mr. Stephens had received from me, and that I had instructed him what to say; and why? Mark Sir john Stawells reason for this insinuation, Because saith he, 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 therefore Mr. Stephens took his Report from Mr. Ashe.  
This is a notorious untruth, and an idle aspersion, cast both upon Mr. Stephens and myself; for Mr. Stephens did report no other thing to the Parliament touching sir john Stawels ill behaviour, but what he heard come forth of his own mouth, which was so much as gave Mr. Stephen's occasion to say in the close of his Report to the House,  
That if the Parliament did not make Sir John Stawell a Traitor, Sir John Stawell had made them Traitors.  
And thus, Reader, after a long forbearance, and not without some unwillingness, have I given thee a rude, yet a most true and faithful Account of all that passed between Sir john Stawell and myself, in relation to those scandals, which in the Pamphlet, Entitled, his Humble Remonstrance, are most maliciously insinuated: I could have added much more, if I was not unwilling, either to tyre thy patience, or to recriminate, or to aggravate his ingratitude towards me; but by what I have written, thou mayst clearly perceive how injuriously he hath charged me with the sin of Coveting the Goods of my neighbour, and consequently with the breach of all the Commandments: And I could wish that I had not just cause (were I minded so to do) 
* Quere who it was that coveted Mrs Basset's Lands, and got it by a Cheat.  to retort the same crime in a high nature on himself: and to desire him seriously to lay it to heart, and consider whether, even that offence of his, be not one cause why it hath pleased God so to harden his heart, that he should contemn the Parliaments mercy, in refusing to submit unto a Composition according to the Articles of Exeter, by which means he hath been most justly deprived of his whole Estate.   

To the Honourable, the Referrees of his Highness most Honourable Council, in the Cause between Sir john Stawell and the Purchasers.  
The Petition of William Laurence of Edinburgh, Esq  
Humbly showeth,  
THat whereas your Petitioner is employed in his Highness' service in Scotland, which requires his personal attendance there; and he being one of the said Purchasers, as he is informed, the said Sir John Stawell in his absence, without summons or other legal notice, hath, and doth endeavour by surprise to pursue your Petitioner, and work divers things against him prejudicial to his right. And whereas your Petitioners purchase was before he left England, confirmed by Act of Parliament, and in confidence thereof, your Petitioner suspending nothing, left no provision nor order against any suits, not doubting the same. And your Petitionr in the present condition he is in, is now deprived of all Council, intelligence, Agents writings, evidences, proofs, and other things necessary to maintain a Title, and of all fit means to make use of them.  
Your Petitioner therefore humbly prayeth that no proceed be suffered against him otherwise then is by Law allowable against a person not summoned, and out of the Nation, and who hath besides the warrant of an Act of Parliament, which if permitted to be questioned, there can be no end of controversy. And that for the farther security of your Petitioner the present Petitiin and Reasons annexed, may be read or inspected, and rest the with papers of other Purchasers before your honour's misinformation from the said Sir John Stawell.  
And your Petitioner shall ever pray, etc.   

Reasons that the Petitioners purchase ought not to be questioned by Sir John Stawell.  
I. Your Petitioner saith that such members of the Committee of Articles as have acted for the said Sir john Stawell, 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 mistated 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 proceed, either as to public or private rights, all which your Petitioner will be ready to prove.  
II. Your Petitioner saith, that divers Purchasers, some through fear, and others by conspiracy with the said Sir john Stawell, have, and do put in divers feigned and feeble Petitions and pleas, part of which the said S. john Stawell to delude the vulgar, hath put in print, and the same purchasers have and do endeavour to betray the Cause of the Commonwealth, and their companions; your Petitioner therefore desireth that no proceeding be made against him in gross, but his cause heard patiently and particularly.  
III. Your Petitioner saith, that hath been already decided and adjudged by Parliament, that the said Sir john Stawell hath forfeited his Articles. And thereupon the Act of sale of his Estate was made, and that judgement being given by Parliament, to whose proceed Purchasers neither could nor ought to be privy, and so much time since past, That though the evidence and proofs were then never so clear, yet the memory may be now lost; the Members Witnesses proofs dead, removed, unknown, or taken off. It would be unreasonable to put Purchasers now to prove over again, what hath been adjudged, and would not only question Sir john Stawells, but most part of all the lands, the Parliament ever sold or shall sell.  
iv Your Petitioner saith, notwithstanding that if he shall be enforced, he will prove that the said Sir john Stawel never submitted to Composition according to Articles, and that he hath both omitted and committed divers Acts then, and since, which have clearly forfeited them.  
V There is sufficient publicly and vulgarly known of the said Sir john Stawell, as none needs admire at the judgement passed against him; for he offered nothing but insolences and affronts to the Parliament itself, when brought before them, he reviled the  for compounding, charging them to be Delinquents themselves: He charged the Judges at the Upper Bench that they sat by a counterfeit Sale, and that they were mock Judges, and the Jury a pack of Knaves; he openly denied and defied the Supreme authority, and charged the Court and Attorney-General with high Treason for acting by it, publicly, and to their faces. He declared for the Scots in Arms against this Commonwealth, and till all was lost; he made only a show and pretence to desire to compound, but really resolved and declared against it, and derided and scorned all those who submitted to it. All which was besides many others.  
1. No fit language or behaviour to demand a Composition with.  
2. A breach of the Peace within the Parliaments quarters.  
3. An incensing of the People to rebel, and adhere to the enemy.  
4. The highest prejudice to the Parliaments quarters a prisoner could do, though he knew by his Articles he was not to prejudice the same, and had given security to that end.  
5. Divers of the same Acts have been made treasonable by Ordinance of Parliament.  
6. If any innocent person had presumed on half so much it had been his ruin,  
VI The said Sir john Stawell refused to acknowledge himself a Delinquent, and thereby wilfully refused his Composition.  
1. It was the command of the Parliament, and the Commissioners for compounding could not justify composition on any other terms.  
2. The House of Lords being part of the Parliament, had not then confirmed his Articles.  
3 The Parliament had considerately designed that all Delinquency should rema in of Record, that both in the disposing of Offices of trust and power, and other future Acts relating to the Commonwealth, they might the more readily guide themselves.  
4. A dishonour might have been aspersed upon them, that it had been Latrocinium, and not Bellum, a robbery, and no just War, if together with the penalties, a confession or trial of the offence had not likewise appeared.  
5. Both Commissioners and Sequestrators might have been otherwise liable to future actions and suits from the said Sir John Stawell and his heirs.  
6. The Parliament had appointed other Courts, as namely the Commissioners of Appeals, and those of the Common-Law for relief of persons sequestered, being not Delinquents, which were open unto him for trial, if he would stand on that point; but by standing on it with the Commissioners for compounding, 'tis clear heousted them of jurisdiction to meddle with him.  
7. His refusal was not out of error or mistake, but advisedly, and obstinately, and after he was told of it.  
8. Both before, and at time of making his Articles, it was known that by the usual course of submitting to composition; the first point was acknowledgement of Delinquency, and therefore if the said Sir John Stawell had not liked it, he might have chosen whether he would have taken Articles without an express dispensation of that very point.  
VII. Your Petitioner saith that the interest of the land in question doth not totally belong to the said Sir John Stawell, but there are divers charges upon it, and divers transactions have been made touching the same to other persons, making no pretence to Articles, who never made claim, and therefore bound by the sale which your Petitioner ought to have liberty to examine, as well by the Oath of the said Sir John Stawell, as other persons, and to have a Production of the Deeds, Titles, and Evidences of the said land in Court, if there be cause.  
VIII. Your Petitioner saith, that Purchasers were commanded to pay in their second moieties by Act of Council at White-Hall, and their Estates were thereupon confirmed by Act of Parliament called by his Highness, which is the deepest fundamental of property can be laid, and the highest assurance the Law can give, and ought not to be questioned.  
IX. His Highness hath been pleased likewise by his Oath in the Iwstrument Government, to confirm the securing property, and to Govern therein according to the Laws and Statutes, the benefit whereof your Petitioner doth claim.  
X. Your Petitioner acknowledgeth Laws may be repealed, Judgements reversed, and Authorities countermanded, but humbly saith, That buying and selling binds Supreme Power itself: And that in the particular sale the full price, both of money and blood hath been received. And therefore neither God nor man can revoke their onwn bargain and sales; and the whole Christian Religion itself hath no other foundation but a bargain and sale.  
XI. Your Petitioner saith, his Purchase being a reversion, he was necessitated to drown and extinguish his old Lease, for which old Lease the said Sir John Stawell received of this Petitioners father far more than the whole Inheritance was worth. And your Petitioners occasions have likewise since his Purchase compelled him to commit acts of forfeiture of his said old Lease by Feoffments, and otherwise, and to charge the mixed interest of old and new Purchase, part with a jointure, part in tail to an infant, part with debts, part orphan's money, part others. And upon such transacting and charging, the same hath bound himself in many penal Covenats, and Bonds, to warranty, so that if Justice be not done to your Petitioner in maintenance of his Right, your Petitioner is utterly destroyed and made incapable of other Indemnity or Reparation.  
XII. Your Petitioner was totally ignorant of the Articles of Exeter, or any pretence of the said Sir john Stawell to the same, and the same Sir john Stawell might and ought to have given him notice of the same, and was earnestly requested and solicited to give your Petitioner notice and directions of his desires touching his intended purchase. And the said Sir john Stawell did notwithstanding purposely and fraudulently conceàl the same from your Petitioner; which point, though your Petitioner had nothing else to say, is unanswerable both in the laws of peace and war.  
XIII. Your Petitioner saith, that the said Sir john Stawell might, and aught further to have given notice to the trusties for sale, the Committee of obstructions, the Terretenants of the land, who had preemption, as it is the course, and other persons have done, though enacted to be sold, and their claims taken away; as the said Sir John Stawel's was, but he did not; and therefore by his own wilful defaults he lost the benefit of stopping sales, which others in the like condition obtained.  
Your Petitioner saith, that the said Sir John Stawell is a subject, and the Land in question English Land, and the said Sir john Stawell neither doth nor can claim by his Articles to be in better condition than the residue of the Subjects of England. And they, if their Estates happen to be sold by mistake in Parliament, or erroneus Judgement at Common-Law, or their claims have been unjustly refused, or there be a trust or title of Equity in Chancery on the Land, whereof Purchasers have no notice, must take in lieu thereof that expedient which the Law allows, namely, reparation in value as far as is proper. And for the residue, damage by way of Action, which legal expedient is made good by the said Articles, and without them he can have no benefit of the same.  
By the Act for settlement of Ireland, the Parliament declared in a far stronger case, and though no sale were made to necessitate it; that persons there might be transplanted from their own Estates of equal value, notwithstanding they had been adjudged comprised within Articles.  
Sir john Stawell himself hath measured the same, and far worse measure to others; for the whole Parish of Cothelstone in Somerset hath been by him miserably and totally depopulated. And not awaiting the expiring of their Estates, he by force, fraud, and terror expelled them, their wives, children and families to swim through their own tears to new Plantations. Here therefore as the Law warrants, and necessity commands, so the Finger of God seems to direct, and Justice itself to cry aloud for retaliation.  
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, who have incurred his hatred merely out of service to the public, and have the faith and honour, both of military and civil power engaged to protect them: which if not performed unto them, he will in point of Estate neither give quarter to man, woman, or child, but will totally extirpate and destroy them.  
The said Sir john Stawell himself is in no such case as he pretends: For as your Petitioner is informed, his principal place of Residence being a magnificent seat, is purchased by his Lady for his use; and besides he hath left him unsold and purchased by his Lady's assigns, and friends, fifteen hundred pounds per annum more. And if he hath the residue of his Rents filled up with Rents of State-Land, the money whereof is as good as his own, he hath nothing to object but that he scorns the title, and desires only to deal in Merchandise will swim best if the ship of the Commonwealth and Government sink together. But certainly cannot say, but as touching his poor depopulated Tenants, whom he pulled out like snails from their only houses, to which their lives were tied. But he is far better dealt, than he dealt with them, or intends to deal with the residue, if ever delivered into his hands.   

REASONS FOR ESTABLISHMENT OF PUBLIC SALE.  
Humbly tendered, as well in behalf of the Commonwealth, as likewise of the Purchasers of the Estate of Sir john Stawell, and all others, who upon the Warrant and Authority of an Act of Parliament, and in service thereto have not only engaged their Estates and money, but the price and blood of themselves and nearest Relations.  
1. TT is an absolute maxim, that no power can be of continuance unless founded on the title of Land, and that foundation cannot be laid without credit to sell.  
2. One Precedent of Revocation, will make the credit of the State excommunicate, none will buy or fell with it; For once forsworn, ever forlorn.  
3. This will destroy the being of Soldiery, by making all got by the sword unseasonable; neither can the spoils and Conquests, though of the whole world, be of use, if not vendible; but then the more victories, the poorer.  
4. There is no other permanent Bar against the King of the Scots, but sales of land; and to destroy these will reduce him.  
5. If Articles may reverse sales, by the same justice ought perjury in Witnesses, injustice in Judges, absence of Witnesses or Parties at time of their trial, new Discoveries since, and infinite others, which principle will make questionable, or destroy all Sales ever made or to be made, and leave the Parliament no power at all to warrant any.  
6. Reversing Sales will make the Enemy potent and formidable, and Friend poor and despicable.  
7. The Friend lost, and Enemy not got, but made more fit for dissimulation and dangerousness, neither is there any way to assure them, but transplanting to other lands on the Parliaments title.  
8. To unfreeze an Enemy, and be stung to death, is folly, not charity.  
9 Touching Grants by Act of Parliament, necessity and the Law of the Land frees them from being avoided by any error of Fact, Law, or Equity preceding.  
1. Otherwise no Enemy could or would Article, Truce or League with the Parliament, for fear of invisible error and preincumbrance on their Acts, and want of power to warrant them.  
2. Such a principle may not only destroy all Articles in general, but doth part icularly those of Exeter: For at the beginning of the wars, all adherers to the Parliament, were promised indemnity therein, against the Delinquent and his party; which very Indemnity is clean contrary since by those Articles granted the Delinquent against them; and that without any ceremony or hearing of those innocent adherers to their friends, who had lost their lives and estates in the service: And it cannot therefore be reason or justice to allow the Delinquent to disannul the Act of Sale by a pre-promise of indemnity in Articles, and not to allow those Innocents' to avoid his Act of Articles by those pre-promises of indemnity to them at the beginning of the wars.  
3. All Acts of indemnity to their own Soldiery might be avoided, by admitting Reviews for error or equity preceding.  
4. All ancient Parliament laws, and Magna Charta itself may be avoided on that ground.  
5. As to Estates and Titles, if an Act of Parliament shall not be a Non ultra of Controversies, the liberty of the people is destroyed; and there is no  in England, but all Tenants at will.  
6. It is in vain in the regulation of the Law, to free inferior transactions from secret pre-incumbrances, if the Supreme are liable to the same, or worse.  
10. It is unjust if Acts of Sale should be binding to innocents', and not to Delinquents: what a shame would it be if our Laws should be cords to one, and cobwebs to the other?  
11. It is unjust to prefer a pure promise before property; For Rem Domino vel non Domino vendente duobus; In jure est potior traditione prior.  
12. Quod fieri non debet factum valet. If an Inheretrix happen to be married, or Inheritance sold, though contrary to Articles; it is not lawful to perform those Articles by committing adultery or robbery, for that were to do evil that good might come thereby: But there is an honourable and just way left to perform them, which is restitution in value, and may be more honourable too then specie, for value may be sevenfold if Parties please; But specie can be but single.  
13. It is a known Rule, if Covenants happen by matter ex post facto to be either impossible in themselves, injust as to third persons, contrary to the Laws, or inconsistent with public safety. It is unlawful to perform them otherwise then in value.  
14. No supreme power ought to repeal their own Bargains and Sales, though they may their laws, for Regum Contractus non sunt leges.  
15. By the very words of the Articles of Exeter, a Delinquent neither doth nor can claim to be in better condition than the residue of the subjects of England. And they if their Estates happen to be sold by command of authority, either by a mistake in Parliament, or erroneous judgement at Common-Law; or if they have a Title to a Trust or Equity in Chancery, whereof Purchasers have no notice, they must lose it, and be content with such recompense in value as the Law allows; what an abomination would it be if two measures of justice should be kept, a greater for the Enemy, and a smaller for the Subject.  
16. The Case in point is resolved and practised to the subjects of Ireland, yet have they as good Articles as those of Exeter, as appears by the Act for settling Ireland, dated 12 August. 1652. in the tenth Article and last Proviso; for it is expressly enacted, That they may be transplanted from their own Estates to remote Estate of like value, notwithstanding they have been adjudged comprised within Articles.  
17. Purchasers for the most part are undone, and incapable of Indemnity, Tenants having drowned and forfeited their Estates, Widows, Wives, Orphans, and Fatherless having yielded up their portions; and the estate passed from hand to hand, to so many manner of conveyances, uses, trusts and cross Covenants, as is impossible to reconcile or accommodate with any value; whereas the estate of the Delinquent is only the interest of a single person, who can allege no reason why to avoid all these inconveniencies, he should not accept an estate equal or better than his own in value; But only that he scorns to take land on the Title, either of Parliament or Army.  
18. Touching Honour, it will reflect deeply on the Honour of the Parliament, to retract their own Sales; on the Honour of the Protector, himself being so eminently named, and made a party to the Act of Sale; on the Honour of the army, the people esteeming public Sales to be the military Market, and planting of the Sphere, where by the Laws of Nations all aught to have security and protection in dealing, and the rights of buying and selling to be observed inviolable. And the Honour of God not to justify Delinquents to destroy Innocents'.  
By all which it is hoped it will appear to all just and intelligent persons, that to reverse public Sales of Delinquents Lands, made by Act of Parliament upon Articles or any cause preceding, whereof Purchasers had no notice, is contrary to wisdom, Justice, Honour, and the Laws of God and man.   

Reasons why the Purchasers of Sir John Stawels Estate, desire the late Vote concerning the confirmation of the Purchases may be enacted.  
1. A Great noise of terror is spread amongst the People by the proceeding of the Committee of Articles; and men still remain fearful to bring in their money to the State, unless satisfied with an Act.  
2. The presumption of the Committee of Articles in those proceed against the Resolution of the late Parliament, was grounded merely on this, That the same was a Vote, and not an Act.  
3. In the Intervals of Parliaments, on the same grounds men of impudent spirits will slight a Vote not enacted.  
4. It is usual and equal for Sellers to do Acts of further assurance.  
5. The Purchasers are menaced and threatened they shall not hold quiet long what they have purchased.  
6. They shall not be able to sell off their Purchases to others, but with great loss.  
7. An Act leaves Purchasers in no other condition as against the State, than they were before, but only is to secure them against Sir john Stawel.  
8. Many Acts of Parliament have been confirmed again by Parliament, though sufficiently valid before, and particularly Magna Charta, though unquestionable in itself, hath been confirmed above thirty several times.   

Thursday the thirteenth of October, 1653.  
An Act for confirmation of the Sale of the Lands and Estate of Sir John Stawell Knight of the Bath.  
BE it Enacted and declared by Authority of Parliament, That all Sales made of any Estate, Lands, Tenements, Hereditaments, Goods or Chattels of Sir john Stawell Knight of the Bath, by virtue or appointment of any Act or Acts of Parliament, are hereby confirmed and established: And accordingly all purchasers and buyers of the same, shall and may have, hold, and quietly enjoy the same to them, their Heirs and Assigns, according to their respective interest and estates purchased or bought, and according to the Rules, Conditions, and Limitations prescribed in the said Acts, any Law or Judgement to the contrary notwithstanding:  
Hen. Scobell, Clerk Parl.  
FINIS.