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A96751 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, top the vindication of the liberties of the subject, in generall, and of magistrates, in particular. Wither, George, 1588-1667. 1646 (1646) Wing W3165; Thomason E506_30; ESTC R205589 16,964 15

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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 re-apprehended 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 onely 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