Concerning His Actions During the Late Troubles, Part 4
4. That I had a hand in the ſetting up Richard his ſon, that I endeavoured to the laſt to reſettle him.
This untrue; I never knew of his father's intent to appoint him his Succeſſor. After the Summer Circuit, I went to my Country houſe, 60 miles from London: Oliver died, as I remember, about the 3d. of September, Richard was proclaimed and ſet up before my return to London: In the interim, I knew nothing of this buſineſſe, but what was known all England over; ſince his being out, I never ſaw him, nor received any meſſage from him, nor ſent any to him; never had any thought or treaty with any to reſtore him; and think it ſtrange any ſhould think me guilty of ſo great a folly.
I do therefore with all humble boldneſſe deny, that I had either in publick or private any hand in the King's death, or in the alteration of the antient Government of Kings, Lords, and Commons.
It is true, that when the other Governments were ſet up by others, that I did act under them. And I humbly deſire, that what I ſhall ſay for my ſelf upon this Subject, may not be taken as a Juſtification, but onelyonly as an Extenuation of my offence, for to that end onelyonly I offer it. His Majeſty in his Declaration in April laſt, and by his late Proclamation, doth graciouſly declare, That no crimes formerly committed, ſhould be brought in queſtion againſt any, to the leaſt impeachment, either of Life, Liberty, or Eſtate, excepting onelyonly of notorious Delinquents; and this Honorable Houſe, in their own names, and in the names of all the Commons of England, did lay hold upon his Majeſtie's grace, which, as much as in me lay I had formerly done before the Honorable, the Speaker of this Houſe.
And in regard the Houſe, ſince the laying hold of his Majeſtie's grace, by their Vote of this inſtant June, have ſubjected me to ſuch Pains and Penalties, as by a future Act ſhall be Inacted, It is a great affliction to me, that I ſhould by them be thought unworthy of his Majeſtie's grace, which extends to all that are not notorious Delinquents, when as ſo many thouſands, who have acted under theſe Governments, and ſome who have had a hand in the alteration, do partake thereof. And upon theſe conſiderations, and that the pains and penalties are not yet ſet, I hope it will not be offenſive to any, that I ſet down the grounds and motives of my actings; becauſe before God and Man, all actions are accounted more or leſſe good or bad, from the Circumſtances, Manner, and Intention of doing them.
1. As to my Embaſſie into Holland with Mr. Strickland, I humbly offer:
1. That it was above two years after that the Common-wealth's Government was ſet up; it was ſet up in January 1648, and I was in Holland the latter end of March 1650, and continued there untill towards the end of May 1651.
2. I was ſent againſt my will; for both by Petition to the Houſe, and otherwiſe, I uſed all means to avoid it: No reaſon I ſhould deſire it, conſidering, that Doriſlaus ſent thither before, was killed; and the loſſe of a good part of the profits of my place, as Judge, in my abſence.
3. Commanded by thoſe who then, de facto, though not de jure, exerciſed the Supream Power of the Nation, from which, no appeal for relief could be then made.
The Embaſſie was, to renew the antient Amity and intercourſe between the two Nations: While we treated upon theſe, we were recalled, re infecta, and the whole Embaſſie became fruitleſſe. We did never treat concerning the excluſion of his Majeſty, or his Title. And to the Allegation, that the Miniſters there forbore praying for his Majeſty, as an effect of this Embaſſie: As I never heard it before, ſo I am confident that no occaſion was given for it by me, or that Embaſſie. And if it be further enquired into, I believe it will appear, that it aroſe from ſome other occaſion, and at ſome other time. The King was all this time in his Kingdom of Scotland, and had been Crowned, and reſident there a year before. During the time of this alteration of Government, Treaties and Alliances were made with the Princes and States formerly in amity with England.
I had no advantage by this Embaſſie; the Plate, Furniture, Beds, and other things, claimed formerly by Embaſſadours, were by us returned to the Wardrobe. The States at our Farewell, as a gratuity, promiſed to return to each of us here in England a 1000 l. in Gold, which I refuſed; all the reward of that Embaſſie was, that whereas the Minſter of Peterborough, being an antient and goodly Fabrick, was propounded to be ſold and demoliſhed, I begg'd it to be granted to the Citizens of Peterborough, who at that preſent, and ever ſince, have accordingly made uſe of it, Vid. Act. 19. Aug. 1651.
As to my acting as a Judge, I was in the place before the alteration of the Government, and did no other than the reſt of the Judges, Juſtices of Peace, and other Miniſters of Juſtice, for the adminiſtration of publick Juſtice between Party and Party, which, as the ſtate of affairs then ſtood, could not otherwiſe have been done.
The place when I came into it was vacant, by the death of the Lord Banks, and none appointed by his Majeſty to execute it.
As to any expreſſions I ſhould uſe in Parliament, to ſet up a Government by the Long Sword:
The time alledged was before the excluſion of the Members in 1648. and if I had made any ſuch expreſſion, I ſhould deſervedly have been then call'd to account by the Houſe. About that time, one of the Houſe having uſed that expreſſion, and the preſent debate being, Whether an Act of Parliament, procured by actuall force, were good, or not, I uſed this expreſſion, That if ſuch Acts were good, it would juſtifie the opinion of the Gentleman, That the Long Sword muſt govern, which I ſpake of as the worſt of evills.
This I the better remember, becauſe an old Knight miſtaking me, I took occaſion to explain my ſelf for his ſatisfaction, the Houſe not requiring it. I have in my capacity endeavoured conſtantly to preſerve the Civill Government, in Parliament, and out of Parliament, from the Sword, and all Arbitrary Power, and have ſuffered for it, both from the Army, and otherwiſe, and from the firſt raiſing of forces in the Kingdom unto this day, I have never been privy, or conſented to any action of the Army, or any Members of it, in oppoſition of the Parliament, or Civill Government. And as to the Acts or Ordinances made by the Convention 1653. or by Cromwell and his Councell, I have not onelyonly privately ſhewed my diſlike, but ſome of them having come before me as a Judge, I have not onelyonly not acted upon them, but declared my ſelf againſt them; for which, complaints have been made againſt me to him and his Councell; and as it came in my way as a Judge, I always diſcharged ſuch as had been committed by the Major Generalls.
Concerning my ſitting at all times after 1648, in that called the Parliament: I never ſate in the Convention called in 1653, nor any thing called a Parliament, upon Summons from Oliver or Richard; though always ſummoned to ſit in that called the other Houſe.
I never ſat in any Parliament, but that which was ſummoned by the King's Writ in 1640. I was not of the Houſe in 1648. (being excluded from October, 1648. untill June 1651.) nor had any hand in excluſion of the Members, for not declaring their diſ-ſatisfaction to the Treaty in the Iſle of VVight.
After my return from Holland, in June 1651, I was called to give an account of the Embaſſy in my place in the Houſe, and was commanded again to attend the Houſe, and ſo were all the other Judges, whoſe places were not filled up by new Elections, who accordingly ſat as well as I.
I indeavoured not to have been called again into the Houſe. I never made any Declaration of my diſ-ſatisfaction of the Treaty at the Iſle of VVight; Upon all occaſions, I declared the excluſion of the Members in 1648. to be unjuſt, and was inſtrumentall in reſtoring them to ſit again.
I alwayes oppoſed my ſelfe, to the taking away or altering of the Law, or of the Miniſtery by taking away of Tythes, both which were ſtrongly indeavoured. And not being ſatisfied concerning their ſitting without the Lords and the Members excluded; I indeavoured the bringing in of a Free-Parliament, as a thing due to the Nation, and, as the diſtractions then were, I thought it the beſt, and juſteſt way of healing them, and this was neer effecting, when in April, 1653. there ſitting was hindred by Cromwel, and the Army.
After their ſitting in May, 1659. I declared the ſame reſolution, of maintenance of the Law, and Miniſtery, and that their ſitting in Juſtice to the Nation, ſhould be made uſe of onelyonly as a bridge, to let in a Free-Parliament: That I fell into their great diſpleaſure, and felt it, is well known. I know no other Cauſe, but the publique owning theſe Principles.
After the Army had again interrupted their ſitting, and about January laſt they were reſtored, and an Oath of Abjuration of his Majeſtie's Title was in queſtion, I came out of the Country on purpoſe to oppoſe that, or any other of that nature, and did declare that to be the cauſe of my coming up, and did publiquely oppoſe the ſame; and the other Oath which the Councell of State was injoyned to take, and did for that cauſe forbear at all to ſit in that Councell: It may be preſumed, I apprehended as others did, that the iſſue of a Free-Parliament, would be the happy reſtoring of his Majeſty to His Subjects; As alwayes formerly, ſo I then uſed my utmoſt indeavours for the calling of this therein, and had the happineſſe, when the force was taken from the ſecluded Members, after their ſitting, to make the motion, to put a period to the Long Parliament, the 11th. day of March laſt, which upon debate was accordingly reſolved. What my carriage was in the Houſe after their reſtitution, and in the Councell, both before and after the riſing of the Houſe, I leave to their teſtimony that were preſent.
This Narrative, I humbly tender in anſwer to the Rumours ſpread up and down, which if true would make me guilty of the King's Death, and of alteration of the Government, from King, Lords, and Commons, all which with due humility I do deny.
And if any of my former actions ſhall be thought well of, theſe are not mentioned to Juſtifie any that are bad, (for it was but my duty therein to have done better) nor do I in any thing juſtifie my owne opinion; but humbly deſire, that (the Diſtractions, and the Conjuncture of affairs conſidered when they were done) my actions may receive a favourable conſtruction. His Majeſty is pleaſed to receive to his grace, all that have not been notorious Delinquents, (though faulty) I have done nothing from a depraved or ill intention, and therefore hope, and humbly beg, I may be likewiſe received into yours; which if this Honourable Houſe, the Sanctuary of the Commons of England, and where we are all repreſented, ſhould think me unworthy of, and ſhould adjudge my crimes unpardonable, (the hand conſidered) Affliction would be added to Affliction.
FINIS.
End of the text · Oliver St John, Concerning His Actions During the Late Troubles (1660)