The Justice Justified, Apology
Juſtitiarius juſtificatus. The Iuſtice juſtified.
Being, an Apologeticall Remonſtrance, delivered to the Honourable Commiſſioners, of the Great Seale, by George Wither Eſquire; and occaſioned by Sir Richard Onſlow Knight, with ſome others, who moved to have him put out of the Commiſſion of the Peace, in Surrey: In which private-Defence, many things are expreſſed, verie pertinent to publike-conſideration; and, to the vindication of the Liberties of the Subject, in generall, and of Magiſtrates, in particular.
HOnourable Lords, and Gentlemen, to whoſe cuſtodie and diſpenſation, the great Seal and Conſcience of this Kingdom is committed; ſuffer, I beſeech you, with patience, that, an humble Servant to the Muſes, may, for a few minutes, make his defence before you, againſt thoſe who have lately abuſed both Him, and You, by an impertinent Information. In the nobleſt Ages, and moſt glorious Common-Wealths, they, who were reputed Retainers to Apollo, were ever heard (in making their defences) with good reſpect; yea, even in thoſe times and places, wherin generoſitie, & civilitie, were leaſt regarded, men had ſo much wit, that though they ſecretly hated them, yet, for their owne honour, they uſually kept fair quarter, with that Generation: and, it is a ſymptome of much ſottiſhneſſe, when men do needleſſely ingage themſelves by provoking others to the hazzarding of their credit, and quiet. Miſtake me not, I pray you, as if I thus began, my Apologie, to intimate ſome ſuch imprudencie in you, my moſt honourable Judges; for, I unfainedly profeſſe, that, I neither have any purpoſe, nor know any juſt cauſe, ſo to doe: but, have made this preamble, only, to hint unto thoſe againſt whom I plead, what danger they might have incurred, if I had been one of thoſe Wits, whoſe Iambicks, can … make men their owne executioners; or, if I ſhould have raged-out, an Invective, in bluſtring Numbers, inſtead of this Apologie, which I now, calmely, deliver in Proſe. But, to the matter.
It was my ill fortune (without my own ſeeking, deſire, or fore-knowledge thereof, untill it was done) to be made a Commiſſioner for the Peace and Goale-Delivery in Surrey, ſince the beginning of this war; and, I foreſeeing the troubles which I might thereby bring upon my ſelf, by reaſon of the factiouſneſſe and malignancie of theſe times (and the ſmall eſtate, which the furie of the Common-enemy had left me) thought it good diſcretion not to accept thereof; and was ſo reſolved, untill that reſolution was unhappily changed by the perſwaſion of Friends, who made me believe, that God, by my unſought-for admittance, evidenced his calling of me, to ſerve him and my Countrey, in her great neceſſities; and that, honeſty and good affections joyned with an ordinarie underſtanding, might make me as ſervicecable, as ſome other, who had abler Faculties, and larger Eſtates. Thereupon, I accepted thereof, becauſe my education in the Vniverſity and Innes of Court, made me, as I thought, no leſſe capable of that Office then ſome other of my Fellow-Commiſſioners; and, becauſe, alſo, my knowne converſation, my faſhion of living, & my being ever ſince my youth, an acceptable companion to many noble and honourable perſons, would render me (as I conceived) a Commiſſioner without contempt; though moſt part of my eſtate was taken away: which, I thank God, I have hitherto been, except among ſome of thoſe, creatures without underſtanding, who uſually value themſelves, and others, according to their Trappings: But, I chiefly accepted thereof, becauſe I ſaw many poore ſoules grievouſly oppreſſed by their tyrannous neighbours, and hoped, God would by that Authoritie, enable me to relieve ſome of them.
But, inſtead of what I then hoped, that, which I feared not, came to paſſe: For, Sir Richard Onſlow, and ſome other of his Friends in the Countie of Surrey, have as it ſeems found it pertinent to the eſtabling of their Deſigns or Government there, that I ſhould be thruſt out of the Commiſſion of the Peace, as I have been, out of ſome Committees, and out of my habitation, for no other cauſes, but ſuch as are concealed in the breaſt of the ſaid Sir Richard; who, having got (as it were) the Supremacie over all Cauſes, and all Perſons Eccleſiaſticall and Civill, within his Dominions, diſpoſeth of Elections, preferreth Deputie-Lievtenants, maketh and unmaketh Juſtices of the Peace, Committee-men, Colonells, and all other inferiour Militarie Officers, Marſhalls, Treaſurers, and Collectors, as hee pleaſeth; yea, favours and diſ-favours, impoſeth and taketh off, impriſons and ſets at libertie, builds up and puls downe, armeth and diſ-armeth, ordreth and diſ-ordreth, according to his diſcretion, with little or no contradiction. And that his pleaſure may be fulfilled in all things, your Honours (as I am informed) have been lately ſollicited, by him, to caſhiere me from the Bench.
At firſt hearing thereof, I ſleighted it as a thing not worthy my regard; and within my ſelfe, laughed to ſcorne the poore vanitie of mine Adverſarie, who thinks all my honour lyes, as his doth, about Guildford, and the Weſt-Diviſion of Surrey; or, that, my contentment conſiſteth in having authoritie and power over others, upon ſuch tearmes, and to ſuch frivolous ends, as moſt men deſire, and aſſume it for: and, thereupon, I thought to paſſe it over with perpetuall neglect. But, having better conſidered thereof, and what encouragement it might give mine enemies, to improve their malice, in matters of more concernment, to my ſelfe, and perhaps, to the diſheartening, and enſlaving of others, by his prevailing againſt mee; I ſaw it verie neceſſarie, to take ſpeedy notice of the wrong done: not only, leſt my Oppreſſours ſhould be encouraged to oppreſſe me the more; but, leſt they might, alſo, fooliſhly conceive, that becauſe I do not, therefore I could not vindicate my ſelfe.
VponUpon this conſideration, I have humbly preſumed to make an Apologeticall Remonſtrance againſt them and their proceedings, who have appeared before you, to do me ſuch an affront, as had been too much, when Tyranny raigned; and is therefore, much leſſe to be endured now the Sword is drawne for the Rights, and Liberties, of a Free People. And, though the honour which I care for, and chiefly aime at, is not ſuch as may be added, unto me, or taken from me, at other mens diſcretions; yet (I being a little ſenſible of that Diſgrace and Reputation, which men of my conſtitution and frailtie are uſually affected withall) have a mind to prevent the ſcorne of Fooles, if I may, by preſerving my credit (through your favour and juſtice) in keeping that authoritie, which my Adverſaries endeavour to take from me; or, elſe, by making them and their Favourers to ſee, that, I know how to honour my ſelfe, twice as much, another way; and, how to hew Staires, out of their Affronts, whereby I may aſcend higheſt, when they think they have brought me to the loweſt condition.
I need not tell your Honours, how great a diſgrace it is thought, to be put out of that Commiſſion: For, you verie well know, it is not uſually permitted, ſave for verie groſſe and apparant miſdemeanours; and never upon any clandeſtine, or ſleight informations; except, Will ſtood for Law, and when they kept the Seale, who did arbitrarily put men in, and out, according as they were ſwayed by their own, or by other mens corruptions: of which, I am not jealous at this time; becauſe, I have good hopes of your Equitie, many evidences of mine owne Integritie, and, no feare of my greateſt Enemies; except it be, that, they will not deſiſt from cauſeleſly, and fooliſhly troubling and provoking me, till they compell mee to make all the Kingdome know them by name, and underſtand their purpoſes, and condition, as well as I do. I cannot, therefore, beleeve that perſons ſo honourable, and ſo wiſe as your Lordſhips, will permit me to be (as if were) kicked off like a foot-ball without hearing; I, having been once reputed worthy to ſupply the room of a Iudge upon Record; ſeeing, if ſuch an indignitie ſhould be offered, no man of merit, or of a right underſtanding, would adventure himſelfe upon ſuch a tottering ſeat as the Seſſions-Bench; or, be much incouraged to relieve, and deliver the oppreſſed, from their injurious and tyrannous neighbours; leſt, when he was doing his dutie, and thought himſelfe ſufficiently authorized to be a comfort to others, he might be ſecretly diſabled, from ſecuring his own perſon, from diſgrace and ruine.
Nay, my Lords, it honeſt men ſhall be (as it were) purpoſely ſet up, to be pulled ſuddenly downe againe, to their diſparagement, without hearing; upon the motion of an Adverſarie; yea, and when their converſations and deportments (who are traduced, or ſollicited againſt) have been ſuch, that they dare ab…e and challenge triall, as I do: Or, if the Office of a Juſtice of Peace bee but a complement of reſpect, which you, of higher place, ſhall think fit to ſhew us; a thing to be played withall; or, an Ornament to be put upon us, and torne from us againe, at pleaſure, according to the humours, and changeable inclinations of others; let them take it, who are pleaſed with ſuch toies; yea, let the greateſt fools of the Kingdom monopolize it to themſelves: for, I ſhall be ſo far from deſiring to be continued in it, on thoſe tearmes, that, I ſhall ſcorn it, as fitting for none, but ſneaking, baffel'd, and poore-ſpirited Fellowes.
But, the Dignitie of that Truſt and employment, is indeed ſo honourable, and the due execution thereof is of ſo much conſequence, that it ought to be preſerved from contempt, by being conferred on perſons deliberately choſen, and eminent where they live, for their underſtanding and uprightneſſe, having, alſo, eſtates competently ſufficient, to bear the charge of their Magiſtracie, and to be anſwerable for their over-ſights: And, when ſuch are once authorized, it is fitting that their reputation ſhould be preſerved, ſo long as they continue in their integritie, & that they ſtand not in hazard of a diſgraceful removal, by the diſ-favour, or ſecret ſupplantings of other men, ſo long as they are able and willing to ſerve their Countrey. For to confer that, or any other Office of Judicature (for an uncertaine terme) Duranti bene placito, expreſſively or implicitely intended, rather than with this clauſe, Quàm diu ſe bene geſſerit, was the practice of Tyrants, who intended, thereby, to make their Officers the more ſerviceable to their Arbitrarie Deſignes; and, therfore, it ought not to be endured in a free and well-governed Common-wealth: eſpecially, in a time when Reformation is intended, and by us, who have had experience often, and lately, to our coſt and ſmart, that, when men were conſcionable of their duties, and active in the execution of Juſtice, according to the letter and equitie of the Lawes, (without fear or reſpect of perſons) it was uſuall to remove them with diſgrace; and to ſupply their places, with ſuch as would be conformable to the corrupt will and pleaſure of tyrannous Princes, and their Paraſiticall Favourites and Counſellours, to the publike detriment, and diſhonour. And, doubtleſſe, when a man (which is my caſe) who never ſought for it, or deſired it, ſhall be called to an Office of truſt, and made to pay great fees for being admitted, and for accepting to do the publike ſervice, to his own trouble, and further coſt, without profit; if then, and, even, after he hath faithfully executed the ſame (to the accumulating of hatred to himſelfe, for doing juſtice) he ſhall be diſgracefully caſt out, before hearing, or any Cauſe ſhowne, be left a caſhiered Officer upon record; it is an injurie juſtly to be complained of, and fit to be remedied, and provided againſt.
I cannot imagine, that, the Gentlemen who took pains to appear, and ſollicite your Honours againſt mee, brought any conſiderable argument to prove reaſonable that which they deſired; or, that the diſplacing of me, was any thing pertinent to the well-governing of Surrey; nor have I yet any certaintie of what they alleaged, becauſe nothing is upon record. But, what moved ſome of them againſt mee, I do verie well know; yea, and why they are ſo deſirous to be rid of my fellowſhip, and neighbourhood in Surrey: which, I will forbear now to mention; and, that I may be the more ſure to take off all thoſe juſt exceptions, which, in my underſtanding, may ſeem helpfull to accompliſh their purpoſe, I will ſuppoſe objections, and make diſtinct anſwers unto them, for my vindication.
All Objections, which I think can juſtly be made againſt thee, or any other, to render him uncapable or unworthy to be continued a Commiſſioner of Peace, muſt either concern his manners, his Religion, his knowledge or judgement, his faithfulneſſe to Supreme Authoritie, his uprightneſſe in the execution of his Office, or the Competencie of his eſtate; and I will make it apparent, that in all theſe reſpects, I am as little to be excepted againſt, as ſome of thoſe, who are, yet, to be continued in Commiſſion, with their good liking, who have excepted againſt me: yea, I preſume I ſhall approve my ſelf free from any juſt exception, (notwithſtanding the Statute) the times, and the preſent condition of this Realme, being rightly conſidered.
As touching my manners, my life, and converſation, (though I am a great ſinner to God) I thinke no man hath impudence enough to lay any thing to my charge; no, not Sir Richard Onſlow, who I am confident would not ſpare to diſcover any thing, whereby he might ſafely, and juſtly, diſparage and undo me; and, therefore, I will apologize for my ſelfe no further in that reſpect, untill he, or ſome other, ſhall accuſe me. My Religion teacheth me to renounce the Popes Supremacie, and, that is Religion enough, to keep mee ſtill in the Commiſſion of the Peace, though I profeſſed no more; therefore, I ſhall not need to catechize my ſelfe, or to make a larger Confeſſion of my faith, upon this Occaſion. My knowledge and judgement, hath, hitherto, been as ſeldom, and as little queſtioned as any of my neighbours: and, if it be but ſufficient (as I hope it is) to enable me to ſpeake, and diſcharge my dutie, without the controule or advice of my Clerk, I am perſwaded, it is more ſufficiencie, then all my Fellow-Juſtices, throughout this Kingdome, may truly boaſt of. My faithfulneſſe to the State, is ſo over-much evidenced to my dammage at this preſent, and ſo generally knowne, by my expreſſions and ſufferings, heretofore, as well as by my great loſſes, disburſements, endeavours, and the hazarding of my life, in this War, that, moſt men of qualitie in theſe parts, do repute mee a man, to be unqueſtionably confided in, by the State; and in my conſcience, if it had been otherwiſe, ſome who are now mine Eenemies, would have been my verie good Friends.
In the execution of my Office, I have neither denyed, delayed, or perverted Iuſtice, ſince my admiſſion thereunto; nor put anie man to ſo much coſt for it, as the expence of one Clerks-Fee; becauſe, I have hitherto diſpatched all buſineſſes with my one hand, and am loth to put any man to more charge then need requires. I confeſſe, I have not acted ſo much in the duties of that place, as the many diſorders, and the prophaneneſſe of many among us requires; by reaſon, that, ſome of thoſe, who now labour to put me out of the Commiſſion, have done what in them lies to drive me out of the County alſo, and have made my reſidence, there, to be of late verie ſeldome and uncertain: yea, and as far as they dared, they have done me diſreſpects, and diſcourteſies (if I may terme them no worſe) in the execution of all my Warrants, which have come to their knowledge; and laboured to make me vile, and contemptible, among my neighbours, without cauſe.
For, when I had ſent my Warrant for a dangerous Knave and a Whore, who had travelled together out of Surrey, into the Kings Quarters (perhaps, imployed to conveigh intelligence) and, who lived in manifeſt uncleanneſſe, at their returne; theſe (refuſing contemptuouſly to be obedient to my Authority) were countenanced therein, to my diſgrace; and to the incouragement of ſuch varlets, and baſe people, in their contempts, and filthineſſe. And, whereas I had lately committed two ſuſpitious fellowes, upon very ſtrong probabilities of horſe-ſtealing, and had ſignified what evidence I had of their being dangerous perſons, and not fit to be bailed, but by very good ſureties; ſome of theſe Gentlemen, having the Priſoners carried afterwards before them, by the Conſtable, (who was to have conveighed them immediately to the Goale, according to his duty, and my Warrant) the matter was (as it ſeemeth) ſo ſleighted, that the ſaid Conſtable ſuffered one of them, negligently, or wilfully, to eſcape that night: and, for the other, a few weeks after, mean Baile was taken, by one, or moe of the ſaid Gentlemen; not without ſcandalous intimations (as I have heard) that the poore fellow was not, by me, proceeded againſt, ſo much for being a ſuſpitious perſon, as for that I thought thereby to get his horſe; he being apprehended, in a Mannour where the Felons goods belong unto me: of which intimation, if any of them were guilty, it implies an inveterate malice, much to be taken heed of: and if my reputation ſtood in need to be cleared from ſuch a baſe aſperſion, it will be vindicated at the next Goale-deliverie in Surrey: For, the ſame partie whom they ſo bailed, as a man whom I ſuſpected, not without evident cauſe, hath (ſince he was let forth upon Baile) committed divers other Felonies; and, is now, reapprehended, and, a priſoner againe, by my diligence.
Now, if the exception made againſt me, be grounded upon that obſolete Statute which requires everie Juſtice of Peace to have Land of inheritance, of ſuch, or ſuch an yearly value, in the County (which, I am certaine is all that can be reaſonably objected to have me put out of Commiſſion) then, there is a coulerable exception againſt me: For, indeed, I have no inheritance there, but onelyonly a hundred pounds per annum for a terme to come, and ſome poſſibilities of more hereafter. And, if I ſhall be removed for that only; then, my removall is without any fault of mine: For, it is not meerly my fault, (and I think your Honours will believe it) that I have not land enough to be a Iuſtice of Peace, in everie County of the Kingdome: nor doth, indeed, either the practiſe, or conſtitution of the times require the ſtrict obſervance of that Statue, but permits, and neceſſitates a diſpenſation thereof: And, ſome, even in that County, who have not eſtates there anſwerable to the Letter of the Law, are, nevertheleſſe, kept ſtill in Commiſſion; and were firſt admitted (as I am informed) by means of ſome, or one of thoſe, who ſeek to have mee caſt out, for the ſame inconſiderable defect. Amongſt which perſons, there are two verie obſerveable; one of them (who hath but a little plot of Oſiers in that Countie) is ſo well befriended at Oxford, that (as I am credibly informed) he had lately a Warrant for Veniſen out the walled park near Kingſton, under the Kings own hand: the other, who, ſeems to be either Advocate or Sollicitor Generall for Delinquents, at Kingſton-Committee, hath no more but a poore Potters cottage near Chertſey in that Countie, of about eight pounds per annum. There, is otherwhile, as much need of wit and honeſty, in the execution of that Office, as of a Landed-man. Men of large fortunes, and little conſcience, have ſo long ingroſſed places of Power, and Truſt, and made ſuch uſe of Magiſtracie, for private and ſiniſter ends, that, they have deſtroyed our Peace, and indangered all our Freedomes: and, therefore, it is now requiſite (and, God, in juſtice, will ſo have it) that, the ſtout, faithfull, and prudent Citizens, and the men of midling-Fortunes, who were heretofore ſcorned and oppreſſed, ſhould be called into Office and imployment, that (if it be poſſible) their courage, wiſdome, pietie, and integritie, might help our honourable Senators, to redeeme us from thoſe miſeries, and ſlaveries, into which the Canibals of the Court, and the Sagamores of the Countrey▪ have by their pride, and perfidiouſneſſe, lately brought us. And, doubtleſſe, though this temporarie cauſe of diſpenſing with the Statute were removed, it were no intrenchment upon the true intent and equity of the Law (according to which your Court ought to judge) if a Iuſtice of Peace be continued, who hath a perſonall eſtate, ſufficient to keep his Authority from contempt; and, to inable the diſcharge of his dutie: eſpecially, if the Kingdome be ſo much indebted unto him (as it is now to me, even in the ſame Countie where I am a Commiſſioner) that, it may ſuffice to repaire, all publike, and private dammages alſo, which may be ſuſtained by the Iuſtices Imprudence, neglect, or corruption. Sure I am, if none ſhould be Commiſſioners of the Peace, in ſome Counties, as our affaires now ſtand, but great Landlords; there would be little hope of equity, in many places.
Having thus pleaded to every exception, which may be colourably made againſt me; I could ſay ſomwhat els, lying now at my torgues end, which if it were plainly expreſſed, and could be as well proved to others, as it is manifeſt to my ſelfe, would, perhaps, both continue me in the Commiſſion of the Peace, and make me of the Quorum alſo, if it were uttered in a good houre: But, becauſe good dayes, and houres, are verie rare and uncertaine with me; and, leſt a worſe thing may befall me, than putting out of Commiſſion (if it be ill timed) I will ſilence my preſent thoughts, for ever; or untill I ſee ſuch a day, as may give them a happie birth, without hazard: and, I will now expreſſe ſomewhat, to take away that rigid opinion of me, which may, perhaps, be entertained, by reaſon, ſo many Gentlemen of Surrey have appeared with Sir Richard Onſlow, to ſollicite your Honours to put me out of Commiſſion. For, doubtles, it could not but make the whole Court, and all there preſent, who knew me not, to conceive unworthily of me; and therefore, though not for mine owne ſake, yet for the ſake of that which God hath heretofore enabled mee to expreſſe, concerning this Nation, and the judgements now upon us (which may, elſe, be made the leſſe regarded, and the leſſe effectuall to thoſe who read me) it ſeems neceſſarie, that I ſhould apologize, a little, to that purpoſe.
If I did not know, that to be an honeſt man, and a profeſt enemy to corruption and oppreſſions, were enough to make me hated and perſecuted of ſome men; or, if experience had not acquainted me, how cunningly ſome can draw in others, to make their preſence a countenance to their deſignes, who know not why they are called (as, by their own confeſſion to me, it fared with ſome who accompanied Sir Richard Onſlow to your Honours) I ſhould have much wondred, that, ſo many Gentlemen ſhould have concurred in ſo diſcourteous an office, conſidering, moſt of them have ſeemed to reſpect me, and are men whom I love and honour; and, conſidering alſo, how civilly I have ever behaved my ſelfe toward them, and all other of that Countie, not withſtanding many provocations to the contrarie.
For, I ſolemnly proteſt before God, that, to my remembrance, I do not know any perſon in Surrey, with whom I had any quarrell, or unkind conteſtation, before this War, or ſince it began, but, with reſpects, meerly to the Publike Cauſe; neither any one, whom I have, wittingly, wronged ſo much, in deed or word, but, that, one penny will make ſatisfaction, for the whole injurie, ſeven-fold. Nay, I have not done to any one of thoſe Gentlemen ſo much as a ſeeming injurie, or diſ-reſpect, except, it ſeemeth a diſreſpect, to have refuſed to joyne with ſome of them in the erecting of Alc-houſes, or in ſuch like concurrences, which I thought unfitting to be aſſented unto: Or, except it may ſeeme a diſ-reſpect to Sir Richard Onſlow, that I lately ſet at libertie a poore man, whom (as I conceive) hee had arbitrarily, and wrongfully committed, without cauſe ſhewne, to the infringement of the juſt Freedomes of the people, and the Lawes of the Land: Or, except he thinks it a diſ-reſpect unto him (as I have heard he takes it to be, with an imputation of ingratitude unto mee) that, I will not acknowledge my ſelfe to have been made Captaine of the Horſe firſt raiſed in Surrey, for the Parliament, meerly, by his friendſhip; whereas, he, and the Countie knowes, I was made choyce of, by the Well-affected, before he had any thought of me to that purpoſe; yea, and in oppoſition to his election: For (till he ſaw it would be in vain) hee laboured to bring in the ſon in Law of Mr. Muſchamp, then, reputed a violent Malignant; and the Gentleman whom hee would have made Captaine, was not, at that time, barely ſuſpected, but ſo really a Malignant, that hee became, ſoone after, a Commander for the King; where (I verily beleeve) hee did him worſe ſervice, than hee might have done, had hee commanded thoſe Horſe in Surrey. Or, except it ſeemeth a diſ-reſpect to Sir Richard, that I would not re-admit upon his Letter, (and upon his engagement unto me for him) the naturall ſon of the ſaid Mr. Muſcamp, to be Cornet of my Troop; out of which place (the ſaid Sir Richard having preferred him thereto) I caſhiered him, becauſe hee behaved himſelfe mutinouſly, and ſought to allure away my Troopers, and my Lievtenant to ſerve the King; unto whom the ſaid Cornet went, ſhortly after, and was made a Captain alſo. My Lievtenant, being likewiſe of Sir Richard Onſlow's owne choice, I was forced to caſhiere, as well becauſe he leaned the ſame way, as for other miſdemeanours. Or, except it ſeems a diſ-reſpect, to Sir Richard, that, before his conſent thereunto, I was (without my ſeeking or knowledge thereof, untill it was determined) freely, and unanimouſly nominated for Colonell, by the Committee of the Militia for Surrey, (being a very full Committee ſitting at Kingſton) and was (by the ſame Committee) Auguſt 7. 1644. ordered to take charge of all Forces, then raiſed, and to be raiſed, in the Eaſt, and middle Diviſions of Surrey; and, that, I preſumed to accept therof, without Sir Richard Onſlowes conſent; who, indeed, was much out of patitience there with, and could never after be at quiet, untill he had contrived the new modelling of the Militia, there, according to his own fancie; For, thereupon he procured the reducement therof under the Lievtenancie again, by which &c. Or, except it ſeeme a diſ-reſpect, unto the ſaid Sir Richard, that when he offered to be Commander in chief, over the whole Militia in Surrey, and to make mee his Lievtenant-Colonell, I refuſed the ſame, thinking it no diſcretion to quit a ſuperiour, for an inferiour Command; or, to hazard the being twice deceived, by one man; or, to ſubject my ſelf, to him, who (I thought) regarded neither my profit, nor my credit, nor my life: and, I partly refuſed it, becauſe I was loath to be ſharer with him in the honour gotten (if I may ſo call it) at the ſiege of Baſing; which was famous, at that time, through the whole Kingdom.
Or, except it ſeem a diſ-reſpect unto him, that I ſeldome concurred with him, in his deſignes; eſpecially, in his oppoſition to the Aſſociation; in his arming Malignants, and others promiſcuouſly; and, in his putting the County into thoſe poſtures, and to thoſe exceſſive-impertinent charges, and troubles, which, in my judgment, were more likelie (by weakening, and diſcontening the people) to indanger, then to ſecure, thoſe parts. Or, unleſſe he conceive it a diſ-reſpect unto him, that, when in my Se-Defendendo, I publikely vindicated my ſelfe, from being anie way blameable, that, Farnham-Caſtle (whereof I had command at the beginning of this warre) was left imprudently (if not treacherouſly) to the Enemy; and ſo cleared my ſelfe, that, I thereby gave thoſe who were unſatisfied, occaſion to ſeek further, and lay the fault where it was. Or, except it ſeem a diſ-reſpect to Sir Richard Onſlow, that I ſhould ſay, I thought, his procuring me to be put into the fore-ſaid Caſtle, was not for that end which he firſt pretended: For, when I conſider the ſeries, and concatenation of his proceedings in Surrey, and his continuing-endeavours, from time, to time, in proſecutions, with reference to that Caſtle, (with the manifold charges, diſturbances, and diviſions, which have been occaſioned, by his reſtleſſe ſeeking to accommpliſh ſome ſecret deſigne of his own, which, I conceive he hath, or hath had, upon that Place) I am ſtill, ſo perſwaded, my thoughts have therein done him no wrong; that, I profeſſe againe, I do verily believe, he hath aimed at ſome eſtabliſhment there, for his own advantage, ever ſince the warre began: and, that he hath thereby occaſioned moſt of the miſeries which have waſted Hampſhire, and Surrey; and, becauſe this beleefe ſhall not appeare to bee without a Foundation, I will, out of a long chaine of reaſons, linked into each other, preſent you with a few.
The reaſon why I do beleeve, that hee, the ſaid Sir Richard, occaſioned much of the ſpoyle made in Hamp-ſhire and Surrey; is, for that, it ſeemeth unto me, to be chiefly (if not altogether) his fault, that a ſtrong Garriſon was not eſtabliſhed at Farnham, when the command thereof was firſt given unto me: For, had that Southerne paſſage to London been ſtrongly guarded, by well fortifying of Farnham, for the preſent, and by removing the Garriſon afterward to Baſing (according to my deſigne then propoſed) wee ſhould have ſo comforted, and encreaſed, the Well-affected; and ſo diſcouraged, and ſuppreſſed Malignants, that, many of thoſe occaſions would have been prevented, which drew both Parties, ſo often, that way, to the impoveriſhing, and diſcontenting of thoſe Counties; yea, and a little charge (in reſpect of what was afterward neceſſitated) would, at firſt, have kept out the floud, which made the firſt breach, and ſpoyl; and which, being once made, could never ſince be ſtopped ſo ſtrongly up, but that everie little Torrent broke in upon us; to the encreaſing, or prolonging, of our afflictions.
The reaſons, why I beleeve it his fault, that, for preventing theſe miſchiefs, a ſtrong Garriſon was not timely compleated at Farnham, are theſe: VponUpon due examination, of his beginning and his proceedings, I could perceive no aſſurance, that he intended to fortifie it; unles it might be for ſuch ends as he ſecretly purpoſed: For, the Commiſſion, wherby I was made Governor (thogh procured, by Sir Richard, in my Name, and delivered to me) was ſo drawn up, that, what I ſeemed to be, I was not. He himſelfe, and another, had a ſuperintendencie over me, and I was, from them, to expect Orders, Ammunition, Proviſions, Armes, and all the Forces, which I was likely to have; and, nothing was left in my power, but the diſciplining of my Horſe, (of Foot, when I could get them) and the guarding of undefenſible, and bare walls, without works, or ſo much as ſtrong gates; which, to make the place more tenable, ought ſpeedily to have been looked unto, and provided for, in time; as might have been, and, as the opinion, which I then had of Sir Richard Onflow made me hope it ſhould be. But, after many meſſages, viſits, (and the keeping of Dawes, and Crowes, there, till I was aſhamed of my command) Sir Richard himſelfe came unto mee, and, in ſtead of what I expected, perſwaded me to quit my Government of the Caſtle, and to betake my ſelfe to my Troop only, as likely to be of longeſt continuance: For, (ſaid hee) though I procured you this command, for the preſent, and, to avovd ſurpriſall by the Enemy; it is not purpoſed, it ſhall be long held for a Garriſon; and, that if it ſhould be ſo continued, yet, I could not then command both. VponUpon which overture, if (as perhaps was expected) I had perſwaded him, to aſſume the government upon himſelfe, and, ſo complyed with him, that he might commendably have taken, thereby, occaſion alſo, to have ſo contrived it; I am perſwaded, I had, then, anſwered his expectation: But, I bluntly replyed to this effect: That I knew the place of ſuch concernment, as would make it of ill conſequence, if it were not ſpeedily fortified, and continued defenſible; that, to have the keeping of an Inland-Garriſon, without Horſe (an Enemie being in the field) was a kind of impriſonment; that, I, having taken upon mee the truſt, and profeſſion of a Souldier, it would be diſhonourable to mee, to give up the beſt part of my Command, to mine owne diſadvantage, without any ſecuritie, or benefit to the Publike; and, that therefore, I would not aſſent thereunuo, untill I ſaw no remedy: which, gave him ſo little contentment, that, with ſome faint promiſes of ſupply, he departed; and, never ſent mee any thing afterward, but words, and diſcouragements; untill I, and my Troop, were called thence, to the undoing of the Countie, & to the plundring of my eſtate, by leaving the Caſtle to the poſſeſſion of the Enemy: And, from that time till this, hee hath never been my friend, but ſometimes from the teeth outwards; and apparently injurious to me, oftentimes. Other reaſons I have, moving mee to beleeve what is afore ſaid, which I will omit till further occaſion.
If the ſaid Sir Richard conceive, that ſuch thoughts, and ſuch a beleefe of him, as is afore expreſſed, are a wrong unto him; or, if it be injurious unto him, for me to think (as, I confeſſe, I do, upon vetie good grounds, in my opinion) that he is the greateſt Favourer of Delinquents, and the moſt bitter, and implacable Enemy to them, who are eminently Well-affected to the Parliament, of any man in Surrey, ſo much pretending the contrarie, as he hath done; Verily, he himſelfe, and not I, is cauſe of the injurie (if any be) by giving many occaſions of ſuch thoughts, and beleefe of him, as make it impoſſible for me, yea, and (as I heare) for many hundreds, to beleeve otherwiſe. It had been poſſible for me, to have concealed this beleefe, if his provocations, and the perpetuitie of his malice, had not neceſſitated an expreſſion thereof; as well, heretofore, for the Publike Securitie; as now, for my private vindication; and he had ſooner heard of it, but that wee knew not how to make approaches, for defence of the ſafetie, and priviledges belonging to the Whole Body of the Commonaltie, without endangering our ruine, by ſeeming to violate the Sanctuary of perſonall priviledges, though we did but break thorow their incroachments, to do our duties.
Theſe particulars conſidered, Sir Richard Onſlow might have manifeſted more prudence, by forbearing, to provoke mee beyond all moderation; for, the patient creature, who can paſſe by ſcornes, and injuries, or let a Foole ride him, three or foure yeares together, without kicking, or hurling his Rider into dirt, may be pinched in ſuch a place, or Wither-gall'd in ſuch a hot ſeaſon, that his wronged patience may, perchance, turne into madneſſe, and ſo, both the Foole, and the Aſſe, miſchiefe each other. The heaving of me from the Seat of Magiſtracie, is not that which now moves mee to make this Vindication, though it occaſions it; but, the conſequences, which are expected, ſhould follow: For, I was once before put into authoritie, and out againe, ere I knew either the one, or the other; or, without ſo much as aſking, or caring, who did it, or why it was done: For, I can be as merrie, and as wiſe, when I am out of authoritie, as when I am a Juſtice of the Peace; my Friends love me as well, my Companions think I am as good company, and (if I have not too high an opinion of mine own good diſpoſſition) the Gentlemen, who have taken ſo much paines, to put me out of their Fellowſhip, may have a worſe Companion, than I have hitherto been.
For, I am not ſuch a Cynick, as manie, who know me not, have ſuppoſed me to be; but, can ſit at a Seſſions, or Weekly-meeting, and heare ſome of my worſhipfull Aſſociates, make long ſpeeches, to the Countrey-people, without envying the wiſdome, which is attributed unto them, for it: and, whether they ſpeake ſenſe, or, non-ſence; impertinencies, or, to the purpoſe, it never much troubles me, ſo buſineſſes be timely diſpatched, and, our duties honeſtly performed, at the laſt. I could, alſo, verie contentedly, continue ſilent by them, upon the Bench, and permit them to have all the talk, and the mannaging of everie buſineſſe, without interruption; yea, and ſuffer them to reprove, or incourage, as there was cauſe; or, to the advancement of their own repute, without ſtriving to put in my word, or my opinion, when it ſeemed needleſſe; except it were, that, the people might take notice of mee, and know mee to bee a man in authoritie, as well as they: And when the merit of the Cauſe, the furtherance of Juſtice, or the prevention of an injurie, likely to befall any man, ſhall move mee to ſpeak, I love to do it, in as few words, as I can; that, they whoſe cuſtome it is, may have time to heare themſelves ſpeake, if any ſuch bee preſent. I hope (though I have heard ſo) there is no man among them ſo fooliſh, as to think me a diſparagement to the Commiſſion, becauſe I have the title of a Poet; for, King Iames was ſo ambitious to be ſo called, that he preferred a Wreath of Lawrell (the Poets Crowne) before his Golden Diadem, as appeares by ſome of his coines, and medalls: yea, that title, hath been, by the learned, reputed an honour, even to Salomon, and David; the tranſlation of whoſe holy Songs, and Pſalmes, by me, into Lyrick numbers, hath beene a means, ſo to ſanctifie my Poeſie, for divine uſes; that, this Faculty will not now render mee deſpicable, but among Barbarians; and, how they eſteem of me, I care not.
My Lords, I perceive, this purſuit of my ſlipperie Iuſtice-ſhip, hath made my pen out-run the Conſtable, before I am aware: I will therfore, add a concluding daſh or two, and make an end. I doat not ſo upon ſitting upon the Bench, with Sir Richard Onſlow, as to be ſollicitous, for mine own ſake, whether I am in, or out of the Commiſſion, for ever: But, for my Countrey-ſake, and for the preſervation of the Priviledges, due to a Free-Subject, I could not permit your candor, and credulitie, to be abuſed, by remaining miſ-informed; nor will my pen to be at reſt, untill I ſhall be fairly heard, to the repaire of my credit, (if any be loſt) and, to the repoſſeſſing of that reſpect which is due to a faithfull Officer: Nor will I be ſilent (if a patch of Freehold be ſo conſiderable, that no worth or deſert is to be regarded without it) till I have, at leaſt, ſuch a proportion of my Loſſes, Diſburſements, and Arreares, paid unto me, as will buy me ſo much land of inheritance, as may make me a more conſiderable man in that Countie, where they have ſought to diſgrace me. No, nor will I then be ſilent, untill I ſee the Law, by which my Juſtice-ſhip is queſtioned, to be executed, or diſpenſed, equally, to all men, without partialitie; and, untill the election, and continuance, of all ſuch Officers, as are, or were, ordained for preſervation of Peace, the diſtribution, or execution of Iuſtice, and the ſafety of the Peoples lives, and Liberties, reduced to what (by Law, or equity) they ought to be.
My hope, to ſee that effected, makes me indure, the more patiently, the ſcorne now caſt upon me, in requitall of all my loſſes, ſufferings, hazzards, and the forbearance of my Arrears. And, I doubt not but there will come a day, in which I ſhall not be thought ſo impertinent, as ſome of my neighbours, in Surrey, now think me to be: but, may perhaps (without fawning, or bribing for it) be thought as fit to ſerve in my own Countrey, in ſome place of profit, and credit, as to governe in the Summer-Iſlands, whither I ſhould have been ſent, laſt yeare, (and whither I would willingly have gone, if my loſſes, and arrears, might have been firſt obtained, to fit me for the voyage) upon hope whereof, though that which is due to me for my Service, and by the Publike Faith, is enough (beſide my long forbearance thereof) to purchaſe more then ten times ſo much land in anie Countie of this Kingdom, at this day, as a Iuſtice of Peace is required to have; And, though I cannot yet be diſpenſed withall, as well as my neighbours, I wil, nevertheleſſe, attend patiently, till that day of favour comes; and untill the Starres, both of the greater, and leſſer magnitudes, in our Engliſh Firmament, ſhall meet in a Conſtellation, which will be more favourable to me; and, make my inconſiderable defects, as little liable to exceptions, as other mens.
I perceive, many other, aſwell as my ſelfe, expoſed to ſuch uſages, who are wearie of complaining; or, who dare not complaine, leaſt they may be uſed worſe, by thoſe, who have the advantages of Time, and Place, openly, to illuſtrate their own praiſe, and, ſecretly, to diſparage other men. I ſee, daily, that they, who were generally reputed the moſt dangerous Malignants, and, who never ſhewed themſelves for the Parliament, but by compulſion, (or, untill it began, evidently, to prevail) are, now, become powerfull among us: yea, they are politikely ingratiated, indeered, and brought inſenſibly in, to ſtrengthen a Party againſt thoſe, who (from the beginning) have acted faithfully, and freely, for the publike; and, for the diſcoverie of their neutralitie, and diſ-affection, who, by now ſeeming to be with us, will more undo us, and more diſ-advantage the Common-ſafety, then all our open-Enemies; yea, and make our habitations unſecure, and our lives, for ever, miſerable unto us, if their combinations, and purpoſes, be not timely prevented, by ſome Ordinance, forbidding the admiſſion of anie ſuch to be in Authoritie. For, ſome of them are already in Surrey (as I hear) and elſwhere, in ſpight of the well-affected, made Committee-men, Commiſſioners of the Peace, Deputy-Lievtenants, Colonells, Captaines, and other Militarie Officers, (I will not, yet, ſay Parliament-men, though I thinke I might) to the grievance, and oppreſſion of manie, who dare not ſeek Remedy leſt it prove worſe to them then the Diſeaſe. Inſomuch, that it is evident to me (and, as I believe, plain to manie thouſands) that, ſome have an intention, to diſcountenance, and diſgrace, by degrees, thoſe who have been eminently zealous, and freely bountifull of their blood, and eſtates, for the Common-liberty, and ſafety; and, are putting themſelves and their Confederates, into ſuch a poſture, as may probably, enable them, to continue the people in ſlaverie to their pride, and arbitrarie pleaſure, when advantages may be ſecurely taken: which advantages, may, no way, be more ſafely gained, then by putting thoſe out of Authoritie, who have been a comfort to the well-affected from the beginning; and, placing in their ſtead, thoſe, who may diſcountenance them, and incourage their malignant neighbours, as they do in Surrey, and elſwhere, alſo, as I am informed.
Your Lordſhips will, perhaps, think me tedious, over-bold, and ſomwhat impertinent, in this Apologie, and Remonſtrance; but, you would excuſe my tediouſneſſe, if you knew experimentally, how hard it is for a man to be ſilent, when he hath once gotten an opportunitie to ſpeake (of thoſe things which are grievous unto him) before Perſons, whom he thinks able to give him ſome eaſe; and, you will, I hope, pardon alſo, my bluntneſſe, and digreſſions, when you ſee (as in my Cauſe) what neare relations the publike-grievances, and the private-ſufferings of honeſt men, have one to another, juſtly occaſioning ſome tranſitions from private, to publike, and from publike, to private conſiderations, to the lengthening of diſcourſes, beyond our intentions.
It may be thought, likewiſe, at firſt apprehenſion (& to my diſavantage, if it be ſo taken) that, I have ſcandalized a Member of the Honourable Houſe of Commons, by nominating Sir R. Onſlow, in this Apologie; but, I deſire it may be ſeriouſly conſidered, how eſſentiall it was unto my effectuall juſtification, that I ſhould nominate him; and, in what manner, and, with what circumſtances I have done it; for, I think it will then appeare, to the wiſdome of the reſt of the Members, that I have done my ſelfe right, without wronging Them, or Him: If it prove otherwiſe, I ſhall repent, and acknowledge my errour, with much contrition. For, I prefer the preſervation of their juſt Priviledges, and Honour, ſo far before mine owne reputation (though I prefer that before my life) that, I would expoſe my ſelfe to any hazard, rather than to proſecute mine owne vindication, by wilfull intrenching upon their Eſſentiall-Priviledges. And, I am perſwaded, I ſo well know, how to diſtinguiſh between Scandalum datum, and Scandalum acceptum, that, I doubt not, but to make it evident (if it be any way queſtionable) that, I have kept within the Spheare of mine owne Priviledges; and, that it is poſſible, to purſue ſuch an Adverſarie, even to the Hornes of the Altar, and, yet, not pollute the Sanctuarie.
The Common-wealth is more indangered by Mutes, then by Vowells; by Flatterers, then Free-ſpeakers; and more diſhonoured, by ſome of their owne Members, who are over-violently zealous for perſonall Priviledges, then by anie of thoſe, who, out of care, to preſerve the whole Body, may wring a part of it, for a while, by miſtake, or miſ-information. There was an Ananias among the Diſciples, without any diſparagement to the reſt; and as there have been Falſe-Brethren, among the Lords, and Commons, heretofore, ſo there may be, now, and hereafter, notwithſtanding any aſſurance we have to the contrarie. Therefore, to thoſe who are upright in the Houſes, and unto the whole Commen-wealth, we do more wrong, in being afraid to ſpeak freely, and plainly, of thoſe corruptions, and of thoſe Perſons, whom we think in our conſciences, may occaſion publike detriments and dangers, then we can do injurie, by diſcloſing of them, according to our Covenant, and duty; though it ſhould be done with ſome indiſcretion, and circumſtances, to the diſparagement of a particular Member; ſeeing, it were better that one ſhould ſuffer, then, that, all ſhould be indangered, by our ſilence.
This, is my judgement; and, my practice hath been accordingly, all my life; yet, I have not, either directly, or perſonally, charged any one hitherto; partly, becauſe, I apparently know manie things to be true, which I cannot prove legally, to other men: but, principally, becauſe, I love not to be an Accuſer of my brethren, or, a proſecutor of other mens infirmities, to their open perſonall ſuffering, ſo long as I may have hope to do it ſecretly, for their reformation, and without doing wrong, to the publike. But, if I find not the Inſolencies of ſome men to be ſpeedily reformed; and the good Affections, loſſes, and ſervices, of thoſe, who have borne, and forborne, for publike-reſpects, to be better repreſented to the Parliament, (who, being overburthened by the multiplicitie of emergent affaires, daily renewing, and preſſing upon them, cannot diſcover ſome things by ſitting in the Houſe, which we ſee, too often, by walking abroad) I ſhall be more particular in my reproofs hereafter, then I have been heretofore, whatever come on it: and, though I cannot, perhaps, deliver my ſelfe, from diſgrace, and that undoing, which my Adverſaries threaten; yet, I will periſh to ſome purpoſe (if I muſt periſh) by ſacrificing my endeavours (and life, if need be) for the reliefe of my Fellow-ſufferers, whoſe patience is almoſt quite loſt by their practices, who, by pretending to act with, and for the Parliament, doe ſecretly, and cunningly, what they can, to bring diſ-honour, and contempt thereupon, by their hypocriſie, and injuſtice, which, I pray God to prevent: and, to let me live no longer, then I ſhall purpoſe, and endeavour (according to my underſtanding) to preſerve the power and reputation, of that Supreme Court, in whatſoever I publiſh, or ſpeake; though ſome Members thereof, do, now, and may hereafter, forget their duties, as others have done heretofore; and, may thereby force me to expreſſe ſomewhat, for the purging of a corrupt-part, that the health and life, of the whole, may be preſerved.
If, therefore, my Tongue, or my Pen, ſhall now, or, at any time, ſlip through indiſcretion, or frailtie, let me be conſidered, according to the probabilitie of my good intention, and the ſorrow which I ſhall expreſſe for my overſights: For, I deſire to preſerve a good opinion with your Honours, and, with all men, if it may be, in the performance of my duties; and, that thoſe, whom I love and honour, as I do your Lordſhips, and the two Houſes, (whereof you are Members) may not, at this time, be made Inſtruments of my diſparagement, without cauſe: Seeing, if my heart were as legible as my words, it would be no contentment unto you, that I ſhould be ſentenced, before you had heard as well what might be ſpoken for mee, as againſt me; neither would you thinke it added any thing to your honour, if when your ſhort terme of Authority is expired. I ſhould be left in worſe repute, by your Act, then I was at the late renewing of your owne Commiſſion. But. Fiat voluntas Dei, I have diſcharged my conſcience, and, am aſſured, that God, who hath manie times heretofore delivered me from powerfull, and malitious Enemies, to my reputation, and their ſhame, will be as mercifull unto mee, now, and hereafter.
GEO. WITHER.
End of the text · George Wither, The Justice Justified (1646)