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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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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 Vpon 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