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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A59775 The case of Oliver St. Iohn, Esq. concerning his actions during the late troubles St. John, Oliver, 1598?-1673. 1660 (1660) Wing S324A; ESTC R219856 5,844 16

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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