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A93839 To the supreme authority the Parliament of the Common-wealth of England, his excellency the Lord General Cromwell, and his Councell of Officers the humble remonstrance of Sir John Stawell, setting forth the reason of his first engaging on the late Kings part, and his deportment therein. His desisting from further action upon the Articles of Exeter. The benefit which he claimes by vertue of the said articles. The meanes by which that benefit hath been retarded. His several tryals, both by indictment at Common Law and in the High Court of Justice, for high treason, murder, and other felonies in relation to actions committed in the late unhappy warre; and his almost seven yeares imprisonment. The sequestration of his estate, and sale of the greatest part thereof. The proceedings and judgement of the Honourable Court of Articles thereupon: and his present state and condition. Stawell, John, Sir, 1599-1662. 1653 (1653) Wing S5351; Thomason E1072_2; ESTC R208213 69,107 80

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me he told me that he did for that I had told him that the purchase did stand me but in 8000 l. I told him that it stood me upon the point of 9000 l. ready money But now I understand from whence all my troubles do arise and of those commandments which God had made he that did break the least did break them all and therefore in coveting what did belong to another he was a very great sinner But I told him that herein I would befriend him that however he might covet Aubury yet I would promise him he should never have it whereupon Mr. Ash replyed nay you were best to say that I spake to you for Aubury if you do I protest I will deny it unto which I replyed Sir be assured that if I shall think fit at any time to charge you with it I will aver it with so much considence and truth that you shall not dare to deny it then he said unto me Sir I perceive you grow angry and it is time to leave you and so went as I suppose into the house and within a quarter of an houre after I was called to the Bar which was upon the 18th day of August 1646. And being commanded to kneele I prayed that before I received any mark of their displeasure I might know my offence and was thereupon committed to Newgate and prosecution was ordered to be made against me at the next Assises in Somersetshire in the years 1647. 1648. and afterwards at the Upper Bench as by these following Resolves and the Order for my Commitment appears Die Martis 18. Augusti 1646. Sir John Stawell being brought by the Serjeant to the Bar and by Master Speaker commanded to kneel refused desiring first to be informed what was his offence He was thereupon commanded presently to withdraw Resolved THat Sir John Stawell be forthwith committed prisoner to Newgate for High Treason for levying War against the Parliament Ordered that the Sheriffs of London and Middlesex be required to take special care That Sir John Stawell committed by warrant of this House Prisoner to Newgate for high Treason for levying war against the Parliament be kept in sure and safe custody Upon which Order a Mittimus was drawn up under the Speakers hand which followeth in these words BY Vertue of an Order of the House of Commons These are to require you to receive from the Serjeant at Arms or his Deputy the Body of Sir John Stawell Knight of the Bath into the Prison of Newgate in London and him there to deteine in safe Custody as your Prisoner until the pleasure of the House be signified to you to the contrary He being committed for High Treason for levying War against the Parliament And for so doing this shall be your warrant dated 18. Augusti 1646. William Lenthall Speaker To the Keeper of the Prison of Newgate in London Ordered THat Master Palmer Master Walker Master Harrington Master Serle Sir Thomas Wroth Master Blague and Colonel Popham or any two of them doe take care that there be a Prosecution and an Indictment prepared against Sir John Stawell at the next Assises to be holden for the County of Somerset for High Treason for his levying War against the King Parliament and Kingdome of England Die Lunae 28 Feb. 1947. Ordered THat Master Maynard and Master Hill doe take care of the Indictment against Sir John Stawell at the next Assizes for Somerset Die Mercurii 14. Martii 1648. REsolved by the Parliament That Sir John Stawell Knight be proceeded against for life in the Vpper Bench. Hen. Scobell Cler. Parliamenti And now having nothing left me to save either life or estate but by way of Petition to make my cause knowne unto the Parliament and having told Master Ash when I came out from the Bar that I hoped that in regard they did not admit me to speak they would not be displeased at my address by petition Upon this hint of my purpose Master Ash came unto me three or foure dayes as I remember after my commitment to Newgate And after that he had expressed seemingly a great deal of sorrow and trouble that his good Master for so he called me was in so sad a condition he offered me his service to doe what possibly lay in his power and sithence there was nothing more seasonable for me then good advice he did earnestly desire me to apply my selfe very humbly to the Parliament by Petition I told him that his advice my own resolutions did very well agree and that I did intend to doe so Whereupon he told me that he had a very earnest request unto me and prayed me that I would not deny it which was that he might have the honour to prefer my Petition for me And if it were so that I would trust him with it if he did not give me a very speedy account thereof and that he did not use his utmost endeavors to accomplish so much as I should therein desire he would give me leave wheresoever I saw him or spake of him to say My servant Ash was an arrant knave I told him that although I did intend to deliver a Petition yet it was not my purpose to have troubled him with it but since he had so friendly invited me thereunto he should have it He prayed me speedily to draw it I told him that I would He told me then he would come the next morning to me for it and accordingly he did so but not liking the Petition for that I had expressed therein That I had the benefit of the Articles of Exeter and that I had accordingly submitted unto my composition and that I was refused only for denying to take the Negative Oath Covenant and thereof re did pray that I might be referred unto my Composition and restored to my Liberty He told me that this Petition did too much expostulate with the Parliament for so he termed it that was highly displeased with me and that I should not petition in that way but draw up an humble Petition that should shew that I was very sorry that I had incurred their displeasures in refusing to kneele when they commanded me and to excuse that offence in the best manner that I could and to beg their pardon for the same And this he told me would be sufficient to take off the Prosecution of my Indictment which was the first thing in order to be done the Assizes being so near at hand in the Countrey Wherupon I sent another Petition to him which by his Letter written to me he seemed very well to approve of but yet although I did very often sollicit him by my Wife and Friends to put him in minde to prefer the same he never delivered it to this day nor did ever come neer me after that time which Petition followeth in these words To the Right Honourable the Commons assembled in Parliament The Humble Petition of Sir John Stawell Prisoner in Newgate WHereas your