Selected quad for the lemma: death_n
Text snippets containing the quad
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A59775
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The case of Oliver St. Iohn, Esq. concerning his actions during the late troubles
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St. John, Oliver, 1598?-1673.
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1660
(1660)
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Wing S324A; ESTC R219856
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5,844
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16
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THE CASE OF Oliver St. Iohn Esq Concerning his Actions During the late Troubles THE CASE OF Oliver St. Iohn Esq Concerning the King's death 1. IT is said Cromwell at the time of the King's Triall both before and after His Death often lay with me in the same Bed or in my Lodgings This denied For Cromwell having been all the Summer in the Warrs in Wales and other where came to London about the time that the King was brought from the Isle of Wight my Wise then was at Lincolns Inne and so continued all the time of the Triall and after the King's Death never lay out of my Chambers in which there is but one Bed save for Servants and that Cromwell never lay with me or in my Lodgings after his return to London 2. That I had a hand in a Book written by Mr. Sadler in Justification of the King's Death This denied I never saw more then one Book alledged to be Mr. Sadlers remember not the Contents of it but had no hand in it nor ever knew thereof nor what was in it untill I found it Printed The truth hereof I believe Mr. Sadler will affirm 3. That Mr. Thurloe late Secretary to Oliver related to some of the Army that my selfe and Cromwel advised the King's Death This denied or that I ever advised it with Cromwel or any other person whatsoever This was neer twelve years agoe at which time Thurloe as I believe was not acquainted with the Army he was then my private Servant and not Cromwel's untill five years after not being recommended by me to him and he had been out of my service neer two years before he was in Cromwel's And Thurloe being charged with the relation I refer my selfe to his Testimony and deny that any person is able to charge me with it But in answer to these Rumours and all others of this nature 1. I clearly and confidently affirm ' that I never knew of any intention to try Him for his life or of any one thing that tended thereto other waies then as Common newes when all others upon the notoriety of the action knew the same as of his removall from Homby or to any other place the treaties between him and the Army His removall from the Isle of VVight nor of any intent to try Him nor of the matter or manner of his Triall or Execution or any thing conducing thereunto 2. That in these times upon all occasions I manifested my dislike and dis-satisfaction and this if the House think fit will be made good by many witnesses 3. That I was not then of the House of Commons for being made a Judge in October 1648. I sat not again untill June 1651. so that having nothing to do in the House where the Commission issued and declaring my selfe openly against it It is hard these times considered when the danger was more in shewing dislike than consent That I should be thought to give private advise and the rather because I was of no High Court of Justice nor Commissioner of Oyer and Terminer nor in any Circuit executed any upon the late distractions 2. As to the altering of the Government to a Common-wealth This is denied nor is any particular as I hear vouched to make so much as a colour for it many can witnesse my declared Judgment both before and after to be for King Lords and Commons The then pretended House commanded the Judges assistance and opinions for alteration of the Government I refused to give advise alwayes manifested my dislike of taking away the House of Peers and of secluding the Members in 1648. nor was then of the House of Commons 3. That he was the dark Lanthorn and privy Councellour in setting up and managing affairs in the late Oliver Protector 's time This wholly denied and the contrary true and many witnesses of my manifesting my dislike Besides that no colour of proof is made These circumstances will further clear it 1. In October I fell sick so dangerously that from that time untill the end of May my friends expected death I think in December or January he was sett up when I was at the worst 2. He named me one of the Councell and summoned me to sit in that which was called the Other House I never would come to his Councell or sit in the other House He made me one of the Commissioners of the Treasury I never intermedled or received Salary either as a Councellor or Commissioner I nor any of my Relations ever had one penny advantage by him or by his means directly or indirectly save the continuance of my place as a Judge And in the pretended Parliament 1656. when the Petition and Advice was made my relations then that the House forbore to sit all that Parliament few others absenting themselves 3. As soon as the Term was ended I ever went down into the Country and came not up untill the beginning of the Term following seldome saw him save before or after the Term to take leave but followed my Calling 4. Contracted displeasure from the Army as a party disaffected to his Protectorship and way And as for managing of private advice by Mr. Thurlow This wholly denyed having bred him from a youth in my service he out of respect once or twice in a quarter of a year visited me 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 onely as an Extenuation of my offence for to that end onely 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 onely 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 onely privately shewed my dislike but some of them having come before me as a Judge I have not onely 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 onely 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