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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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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
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 Vpon 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 Vpon 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