IT is not my purpose at this time, to write an exact Narrative of all proceedings 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 Exceter, 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, Entituled, The Humble Remonstrance of Sir John Stawell; but did not at that time expose it to publique 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 Barr 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, [Page 2] even in the said Paper, a manifest confutation of those falshoods, which are therein malitiously 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 my self 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 Gold-Smiths Hall, about four daies before the time limited by the Articles of Exceter 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 solicite 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 Iohn 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, (then 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 Kings 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 Majesties Cause: and did let him know the hopes he had of his Majesties great fa­vor, and reward when he should be restored.

And upon this confidence did Sir Iohn Stawell neglect his compositi­on, and refused the benefit of Exceter Articles.

[Page 3] 3. That Sir Iohn Stawell, during the life of the late King, and after his first appearance at Goldsmiths Hall, did never tender any Petition for his admittance to composition, or to claim the benefit of Exceter 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 Exceter Articles, nor made any mention of them; for his exemption from that tryal: but on the contrary, he not onely 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 Goldsmiths 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 reallity and faithfulness, use my utmost endea­vours to perswade Sir Iohn Stawell to submit unto the Parliament, and to make his Composition; that so himself and his posterity might be pre­served from ruine: and that Sir Iohn Stawell did refuse to follow that my councel and advice, and did declare that his resolution was not to Com­pound, but to depend upon the said Kings favour.

And when I did press him to follow the examples of all the other Gen­tlemen of the Kings 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, Entituled his Humble Remonstrance, and menti­oned in page 23, 24, 28, and 30. are meer fictions, and never heard of by me, or any other person that I could ever meet withall, untill the Par­liament had ordered Sir John Stawell to be tryed 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 wilfull perversness; thereby endeavouring to make the world believe that it was not his own madness and folly that had brought him to ruine; but the treachery of a friend, upon whom he relyed: 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 Iohn Stawel's Composition; nay, if I had not endeavoured to the utmost of my pow­er, to perswade him to the same, I might deservedly be censured to be guilty of as much madness and folly, as he now lyeth under for not Com­pounded.

For that the Parliament had Ordered Sir Iohn Stawels Composition-money, with the Compositions of Mr. Coventry, and Sir Edward Moseley, to be paid unto me for the discharge of several disbursments [Page 4] and engagements which I had paid and entred 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 Honorable 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, Entituled, his Humble Remonstrance, and is as followeth.

READER,

In the first Page of the said humble Remonstrance of Sir Iohn 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 dealings 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 my self, 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 Iohn 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 then 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 Iohn Stawell's appearance at Goldsmiths 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 Iohn Stawell in page 28. thou maiest easily perceive, that his design is to insi­nuate these particulars.

First, that Sir Iohn Stawell being put into a little dark corner, where [Page 5] 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 Iohn Stawell was in the said dark Corner, Mr. Ashe did treat with him about the purchase of his Farme at Abery, and did offer to give four thousand pound for the same.

Thirdly, that some few dayes before Sir Iohn 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 Iohn 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 generall Answer, and for the proof of it I have more then one hundred witnesses: Sir Iohn 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. Atturny General was pleased, to acquaint the Court that Sir Iohn 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 Atturny General did pray the Court, that since Mr. Ashe was there present, Sir Iohn Stawell might openly declare what he had to charge Mr. Ashe withall; which motion the Court approved of, and thereupon wil­led Sir Iohn Stawell to speak what he had to say; Sir Iohn Stawell willing­ly condesended to what the Court had approved of upon Mr. Atturnies motion; and then related several headless stories, fictions of his own brain; and when he had said all, Mr. Attorny told the Court that he did believe, Sir Iohn 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 Attorny General pressed Sir Iohn Stawell again and again to speak all that he had to say; and Sir Iohn Stawell then said he had spoken all: Then the Lord President of that Court spake unto Sir Iohn 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 Iohn Stawell answered no my Lord he did not; how then said the Lord President can this story of yours reflect upon Mr. Ashe. Yes said Sir Iohn Stawell, for I do think or believe, that Mr. Ashe did intend to buy the Farm, because he did advise me to sell it.

This being the truth of all that Sir Iohn 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 Iohn Stawell, in that part of the Paragraph from whence [Page 6] the first particulars above mentioned is taken, hath so pen'd the same, as if the Reader should conceive, that the Serjeant at Arms attending the Parliament, had by direction from me placed Sir Iohn 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 Serjeant had put him, or did know that little dark Corner, as the Serjeant can and will testifie.

That Sir Iohn 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 my self, is that which I can give no answer unto; but I do believe that the Serjeant at Arms, who put Sir Iohn Stawell into that place can and will testifie the contrary.

But that I did resort unto Sir Iohn Stawell whilst he was in that dark place four or five times is a notorious untruth, and a contrivance to com­pleat the remainder, viz. the grand fiction; for besides the testimony of the Serjeant at Arms, who knows the contrary. Sir Iohn Stawell towards the end of this Paragraph faith, that after▪ (as he pretends) I was soundly reproved for attempting to purchase the Farm of Abery; I then left him, which was about a quarter of an hour before he was called to the Bar of the Parliament. Sir Iohn 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 Iohn 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 Iohn Stawell into that dark Corner 4 or 5 times between the hours of 10 and 11; for I do affirm and believe that the Serjeant at Arms, besides many other persons do yet well remember,

That it was 10 of the Clock when the Serjeant first gave notice to the Speaker, that he had caused Sir Iohn 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 Iohn Stawell was called into the House, and from thence ordered to Newgate.

To the second part of this Paragraph, where Sir Iohn Stawell saith, that some few dayes 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 daies before, or at any time in all my life, had I any such discourse with Sir Iohn Stawell.

And therefore I do now advise Sir Iohn Stawell that in case he shall print another Remonstrance, to imploy 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 Eutopia for it was never spoken in England.

But Sir Iohn Stawell hath saved us the labour, to enquire 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 setled the Deans and Chapters Lands, for the [Page 7] encrease of the Ministers Maintenance, and the Schollers in the Univer­sities, and those Lands were never put to sale untill 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 needfull 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 Iohn Stawell about the Purchase of his Farm of Aubery, and offered for the same 4000 l. And that Sir Iohn 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 Iohn 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, then all those Honorable Judges who sate at the High-Court of Justice, and those Gentlemen who were at the same time present, when Sir Iohn Stawell did there relate this story, as is aforsaid at large recited.

And now to the end the ingenious Reader may rightly understand, and be truely informed upon what unjust grounds Sir Iohn Stawell hath made this great noise, and cast these false aspersions upon me; and that the world may behold the slender twigg which this prudent, yet wilfull 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, faithfull, and exact Narative of all that was said and done by me, at the time when Sir Iohn Stawell was brought to the Parliament-House, 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 sate) Mr. Iohn Stevens took the first oportunity to acquaint the Speaker, that he was ordered by the Committee at Gold-Smiths Hall, to report to the House the inso­lent behaviour and miscarriage of one Sir Iohn Stawell that came there under a pretence of a Compounder, That the Committee of Gold-Smiths Hall had delivered the said Sir Iohn Stawell to the custody of the Serjeant at Arms, that so he might be forth-coming, to answer that Charge which he should then give against him; and therefore did move that the said Serjeant at Arms might be ordered to bring Sir Iohn Stawell to the Barr of the House, to hear the Charge which should be delivered against him in his said Report. And the Parliament did then order the Serjeant to send for Sir Iohn 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 Serjeant 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 [Page 8] 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 councel, to prevent (if it might be) his utter ruine.

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 Ser­jeant, to be directed by him where Sir John Stawell was, and thereup­on the Serjeant at Arms said to me, come along with me, and I will bring you to the place where Sir Iohn Stawell is; and accordingly the Serjeant 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 Iohn 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 Ser­jeant, my own Retiring Quarter, where I have alwayes two or three bot­tles of good Wine to refresh my self, and all accommodations, as Tobacco, &c. to welcome my friends, if there should be occasion: And thereupon the Serjeant very nobly offered Sir Iohn Stawell and my self the said entertainment; which done, the Serjeant 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 Iohn Stawell was called in.

Now when the Serjeant was departed, and Sir Iohn Stawell and my selfe 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 Barr of the Parliament House: For, said I, if your carriage here, should be like that at Gold-Smiths Hall, you will be undone for ever; and much to this purpose I spake then to him. Sir Iohn gave me the hearing, but reply'd very little, only sometimes when I was earnest with him to submit and conform, he would reply. Come, come, trouble not your self, 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 my self 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 Serjeant 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 depart, I said to Sir Iohn Stawel, be not, I pray you, so wilfull and obstinate as to destroy your self and your whole Posterity, but hearken to the friendly advice that I have given you; and with that I was stept one foot without the door of the said little room, going away, at which time Sir Iohn 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 reply'd, When you [Page 9] come to the Barr of the House of Parliament, do you there acknow­ledge your miscarriage at Goldsmiths Hall, and pray the pardon of the House, and desire that you may be remitted to Goldsmiths Hall, there to make your Composition according to the Articles of Exceter. Sir Iohn Stawell replyed, 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 alread indebted, therefore your advice is not seasonable and good. Fy, fy, what mean you Sir Iohn Stawell, replyed I, do not you know that I am very well acquainted with many Gentlemen whose debts are great, and the incumbrances up­on the estates very many, who pay for their Compositions, some three years value, some five, and yet they make a shift either by morgaging or selling, to save a part, rather then lose the whole; and you, said I, have lately bought a Farm in Wiltshire, which is an addition to your E­state at Awbery; and (as you told me your self) 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 Iohn Stawell, all your advice tends to this, That I should sell a­way part of my Lands: No, replyed I, my advice is, that you should submit unto a Composition, and save your self and your Estate from ruine; and so I departed from him into the House of Parliament, and ne­ver spake with him more untill about four or five daies 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 my self, doth follow in my Answer to the next Charge mentioned in the 30. page.

Reader, thou mayest observe that Sir Iohn Stawell in his relation of the matter, doth acknowledg that in all my discourse, I did seem to condole his deplorable condition; and Sir Iohn Stawell thought then that I did really, and not seemingly compassionate him, as will appear by what passed be­tween us four or five dayes after at Newgate. It was alwayes the study and endeavor of Sir Iohn 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 Iohn 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 wisdome and prudence of this Gentleman.

Whereas in the former relation; mentioned in page 28. unto which I have given an Answer: Sir Iohn Stawell might suppose when he pen'd 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 [Page 10] penning whereof Sir Iohn Stawell's own conscience and reason could tell him, not onely, that the things there related were untruths, but that I had several witnesses to prove them so to be; and if so, then Sir Iohn Stawells great wisdome and integrity, or rather somthing 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 Iohn 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 meerly of his owne accord and officiousness (nay if it be true that he received that sharp reprehension, but four dayes before, from Sir Iohn Stawell) did most debasedly, unsent for, resort unto Sir Iohn Stawell then in Newgate, after he had been three or four daies in that prison.

And that he did then and there most earnestly solicite him, that he might be imployed in doing Sir Iohn Stawell some further service.

2. That Sir Iohn 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 drawen 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 perswaded 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 Iohn Stawell to deliver that his Petition to the Parliament, and although Mr. Ashe was often sollicited, and minded of that his engagement and promise, yet to this day he never delivered the same.

And here Sir Iohn 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 dayes 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 Gold­smiths 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 onely that I was with Sir Iohn Stawell in Newgate, about four dayes after the Parliament had committed him to that prison; but I do deny that I came thither of my owne accord and unsent for, as Mr. Edward Ashe, the Lady Stawell, and her waiting woman can and will testi­fie.

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. Iohn Ashe, and to deliver unto him a message from Sir Iohn Stawell: Mr. [Page 15] 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 Parlor sitting together, and ready to goe to bed.

Then said Master Edward Ashe to the Lady, Madam, What bu­siness hath drawn you abroad so farre 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 replyed, 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 Countrey) 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 Iohn Stawell, where he then lay.

Now this being the very truth, as I have here related it, and what the Witnesses aforenam'd can and will testifie, 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 sollicite sir Iohn Stawell to imploy me in some new service, when but four daies 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 Iohn 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 Husbands Lodging, I found sir John Stawell sitting in a Chaire, 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 [Page 14] 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 depart 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 noisom 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 noisom 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 faithfull friend, upon whom I can relie, 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 wholsome 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 faithfull friend I give you my Councel, That since you have a mind to preferr a Petition unto the Parliament, let it be such a one, as may doe 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 Gold­smiths Hall, and at the Parliament, and crave pardon for the same, and let the Prayer of your Petition be, to be remitted to Goldsmiths Hall to make your Composition, and receive the benefit of Exceter 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 faithfull friend since it is for the saving of my life. You have, said he, told me the danger of [Page 15] 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 perswade him to doe 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 Iohn 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 bad him good night, and left him.

Reader, thou hast here a faithfull, and an exact Narrative of what was said and done by Sir Iohn Stawell and my self, 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 maist 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 re-admission to Composition at Goldsmiths Hall, as he told the High-Court of Justice, was it but a Petition onely 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 dayes 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 Countrey, for the ordering my affairs, and setling my Estate there, having been above four years absent from thence by reason of the Warre; 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 Countrey; there­fore I did desire him to direct me into what hand I should put his Peti­tion, whilest 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 thankfull to me for the great care I had taken in the delivery of his Petition, and was sorry that it had no better successe; and that since my occasions called me [Page 11] into the Countrey, 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 Parliament-House, somewhat early before the House sate, 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 Iohn 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 Iohn 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 Iohn 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 Iohn 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 Countrey; The Contents of which Letter were, That he heartily 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 then went into the Countrey, 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 Iohn 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 Iohn Stawell, with this direction, That Sir Iohn 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 Gold-Smiths 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 hearken 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 alwaies rejected our counsels, and is peremptory in his resolutions, which will be his ruine. 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 shewed 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 tels 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 Iohn Stawell and my self.

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 Iohn 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 heightned his offence high, took acceptions at his carriage and lan­guage, would have it reported to the House. For my part, then 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 di­spence 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 my self (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 favor, That three or four daies 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 [Page 16] the Committee only by my mediation, much against the mind of Sir An­thony Irby, who pressed the Report forthwith to be made.

And Sir Iohn Stawell at his second appearance before the Committee of Goldsmiths 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. Iohn 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 Starr Chamber, by whom Sir Antho­ny Irby had been examined, as a Witness for Sir Iohn 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 Goldsmiths Hall the first and second time when Sir Iohn Stawell appeared there.

He answered, He was then present.

Secondly, Whether the Committee at Goldsmiths Hall (taking offence at Sir Iohn 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 Exceter.

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 Goldsmiths 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, untill 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 Goldsmiths 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 [Page 17] 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 Countreymen, I something wondred 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 Iohn 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 Iohn Stawel was brought before the High Court of Justice, and that the Member that told it him, was Sir Edward Baynton, as they two sate together in Sir A­braham Williams his House, and that I my self 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 tels 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 tels 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 Iohn Stawell came to the Committee at Goldsmiths Hall, with a fair and civil respect, and presented his Petition within the time limited by the Articles of Exceter, &c.

Where observe, That Sir Anthony Irby and Sir David Watkins, do give the self-same evidence, as to Sir Iohn Stawels fair and civil deport­ment at the Committee of Goldsmiths 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 Iohn Stawell before the said Committee; for saith Sir An­thony Irby, every Member then at the said Committee consented to the said Order, that Sir Iohn Stawells miscarriage there should be reported to the House.

I shall not trouble my self nor the Reader with any more of this old Gentlemans Certificate; for the time when Sir Iohn Stawell came to Goldsmiths 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 [Page 18] 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 aspertion which Sir Iohn 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 Goldsmiths 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 Iohn 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 aspertion, cast both upon Mr. Stephens and my self; for Mr. Stephens did report no other thing to the Parliament touching sir Iohn Stawels ill behaviour, but what he heard come forth of his own mouth, which was so much as gave Mr. Stephens 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 faithfull Ac­count of all that passed between Sir Iohn Stawell and my self, in relation to those scandals, which in the Pamphlet, Entituled, his Humble Remon­strance, are most malitiously insinuated: I could have added much more, if I was not unwilling, either to tire thy patience, or to recriminate, or to aggravate his ingratitude towards me; but by what I have written, thou maist 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 Bassets 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 Exce­ter, by which means he hath been most justly deprived of his whole Estate.