Justitiarius justificatus. The justice justified.  
Being, an Apologetical Remonstrance, delivered to the Honourable Commissioners, of the Great Seal, by George Whither 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, very pertinent to publike-consideration; and, to the vindication of the Liberties of the Subject, in general, and of Magistrates, in particular.  
HOnourable Lords, and Gentlemen, to whose custody 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 Commonwealths, they, who were reputed Retainers to Apollo, were ever heard (in making their defences) with good respect; yea, even in those times and places, wherein generosity, & civility, were least regarded, men had so much wit, that though they secretly hated them, yet, for their own honour, they usually kept fair quarter, with that Generation: and, it is a symptom of much sottishness, when men do needlessely engage themselves by provoking others to the hazarding of their credit, and quiet. Mistake me not, I pray you, as if I thus began, my Apology, to intimate some such imprudency in you, my most honourable Judges; for, I unfeignedly profess, that, I neither have any purpose, nor know any just cause, so to do: 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 iambics, can 〈◊〉 make men their own executioners; or, if I should have raged-out, an Invective, in blustering Numbers, instead of this Apology, which I now, calmly, deliver in Prose. But, to the matter.  
It was my ill fortune (without my own seeking, desire, or foreknowledge thereof, until it was done) to be made a Commissioner for the Peace and Goal-delivery in Surrey, since the beginning of this war; and, I foreseeing the troubles which I might thereby bring upon myself, by reason of the factiousness and malignancy of these times (and the small estate, which the fury of the Common-enemy had left me) thought it good discretion not to accept thereof; and was so resolved, until that resolution was unhappily changed by the persuasion of Friends, who made me believe, that God, by my unsought-for admittance, evidenced his calling of me, to serve him and my Country, in her great necessities; and that, honesty and good affections joined with an ordinary 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 University and Inns of Court, made me, as I thought, no less capable of that Office than some other of my Fellow-Commissioners; and, because, also, my known 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 chief accepted thereof, because I saw many poor souls grievously oppressed by their tyrannous neighbours, and hoped, God would by that Authority, enable me to relieve some of them.  
But, instead of what I then hoped, that, which I feared not, came to pass: For, Sir Richard Onslow, and some other of his Friends in the County 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 Supremacy over all Causes, and all Persons Ecclesiastical and Civil, within his Dominions, disposeth of Elections, preferreth Deputie-lieutenants, maketh and unmaketh Justices of the Peace, Committee-men, Colonels, and all other inferior Military Officers, Marshals, Treasurers, and Collectors, as he pleaseth; yea, favours and dis-favours, imposeth and taketh off, imprisons and sets at liberty, builds up and pulls down, armeth and disarmeth, ordreth and disordreth, 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 solicited, by him, to cashier me from the Bench.  
At first hearing thereof, I slighted it as a thing not worthy my regard; and within myself, laughed to scorn the poor vanity of mine Adversary, who thinks all my honour lies, as his doth, about Guildford, and the West-Division of Surrey; or, that, my contentment consisteth in having authority and power over others, upon such terms, and to such frivolous ends, as most men desire, and assume it for: and, thereupon, I thought to pass it over with perpetual neglect. But, having better considered thereof, and what encouragement it might give mine enemies, to improve their malice, in matters of more concernment, to myself, and perhaps, to the disheartening, and enslaving of others, by his prevailing against me; I saw it very necessary, to take speedy notice of the wrong done: not only, lest my Oppressors should be encouraged to oppress me the more; but, lest they might, also, foolishly conceive, that because I do not, therefore I could not vindicate myself.  
Upon this consideration, I have humbly presumed to make an Apologetical Remonstrance against them and their proceed, who have appeared before you, to do me such an affront, as had been too much, when Tyranny reigned; and is therefore, much less to be endured now the Sword is drawn for the Rights, and Liberties, of a Free People. And, though the honour which I care for, and chief aim at, is not such as may be added, unto me, or taken from me, at other men's discretions; yet (I being a little sensible of that Disgrace and Reputation, which men of my constitution and frailty are usually affected withal) have a mind to prevent the scorn of Fools, if I may, by preserving my credit (through your favour and justice) in keeping that authority, which my Adversaries endeavour to take from me; or, else, by making them and their Favourers to see, that, I know how to honour myself, twice as much, another way; and, how to hue Stairs, 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 very well know, it is not usually permitted, save for very gross and apparent misdemeanours; and never upon any clandestine, or slight informations; except, Will stood for Law, and when they kept the Seal, who did arbitrarily put men in, and out, according as they were swayed by their own, or by other men's corruptions: of which, I am not jealous at this time; because, I have good hopes of your Equity, many evidences of mine own Integrity, and, no fear of my greatest Enemies; except it be, that, they will not desist from causelessly, and foolishly troubling and provoking me, till they compel me to make all the Kingdom know them by name, and understand their purposes, and condition, as well as I do. I cannot, therefore, believe that persons so honourable, and so wise as your Lordships, will permit me to be (as if were) kicked off like a football without hearing; I, having been once reputed worthy to supply the room of a judge upon Record; seeing, if such an indignity should be offered, no man of merit, or of a right understanding, would adventure himself upon such a tottering seat as the Sessions-Bench; or, be much encouraged to relieve, and deliver the oppressed, from their injurious and tyrannous neighbours; lest, when he was doing his duty, and thought himself sufficiently authorized to be a comfort to others, he might be secretly disabled, from securing his own person, from disgrace and ruin.  
Nay, my Lords, it honest men shall be (as it were) purposely set up, to be pulled suddenly down again, to their disparagement, without hearing; upon the motion of an Adversary; yea, and when their conversations and deportments (who are traduced, or solicited against) have been such, that they dare ab●●e and challenge trial, as I do: Or, if the Office of a Justice of Peace be but a compliment of respect, which you, of higher place, shall think fit to show us; a thing to be played withal; or, an Ornament to be put upon us, and torn from us again, at pleasure, according to the humours, and changeable inclinations of others; let them take it, who are pleased with such toys; yea, let the greatest fools of the Kingdom monopolise it to themselves: for, I shall be so far from desiring to be continued in it, on those terms, that, I shall scorn it, as fitting for none, but sneaking, baffled, and poor-spirited Fellows.  
But, the Dignity of that Trust and employment, is indeed so honourable, and the due execution thereof is of so much consequence, that it ought to be preserved from contempt, by being conferred on persons deliberately chosen, and eminent where they live, for their understanding and uprightness, having, also, estates competently sufficient, to bear the charge of their Magistracy, and to be answerable for their oversights: And, when such are once authorized, it is fitting that their reputation should be preserved, so long as they continue in their integrity, & that they stand not in hazard of a disgraceful removal, by the disfavour, or secret supplantings of other men, so long as they are able and willing to serve their Country. For to confer that, or any other Office of Judicature (for an uncertain term) Duranti bene placito, expressively or implicitly intended, rather than with this clause, Quàm diu se bene gesserit, was the practice of Tyrants, who intended, thereby, to make their Officers the more serviceable to their arbitrary Designs; and, therefore, it ought not to be endured in a free and well-governed Commonwealth: especially, in a time when Reformation is intended, and by us, who have had experience often, and lately, to our cost and smart, that, when men were conscionable of their duties, and active in the execution of Justice, according to the letter and equity of the Laws, (without fear or respect of persons) it was usual to remove them with disgrace; and to supply their places, with such as would be conformable to the corrupt will and pleasure of tyrannous Princes, and their Parasitical Favourites and Counselors, to the public detriment, and dishonour. And, doubtless, when a man (which is my case) who never sought for it, or desired it, shall be called to an Office of trust, and made to pay great fees for being admitted, and for accepting to do the public service, to his own trouble, and further cost, without profit; if then, and, even, after he hath faithfully executed the same (to the accumulating of hatred to himself, for doing justice) he shall be disgracefully cast out, before hearing, or any Cause shown, be left a cashiered Officer upon record; it is an injury justly to be complained of, and fit to be remedied, and provided against.  
I cannot imagine, that, the Gentlemen who took pains to appear, and solicit your Honours against me, brought any considerable argument to prove reasonable that which they desired; or, that the displacing of me, was any thing pertinent to the well-governing of Surrey; nor have I yet any certainty of what they alleged, because nothing is upon record. But, what moved some of them against me, I do very well know; yea, and why they are so desirous to be rid of my fellowship, and neighbourhood in Surrey: which, I will forbear now to mention; and, that I may be the more sure to take off all those just exceptions, which, in my understanding, may seem helpful to accomplish their purpose, I will suppose objections, and make distinct answers unto them, for my vindication.  
All Objections, which I think can justly be made against thee, or any other, to render him uncapable or unworthy to be continued a Commissioner of Peace, must either concern his manners, his Religion, his knowledge or judgement, his faithfulness to Supreme Authority, his uprightness in the execution of his Office, or the Competency of his estate; and I will make it apparent, that in all these respects, I am as little to be excepted against, as some of those, who are, yet, to be continued in Commission, with their good liking, who have excepted against me: yea, I presume I shall approve myself free from any just exception, (notwithstanding the Statute) the times, and the present condition of this Realm, being rightly considered.  
As touching my manners, my life, and conversation, (though I am a great sinner to God) I think no man hath impudence enough to lay any thing to my charge; no, not Sir Richard Onslow, who I am confident would not spare to discover any thing, whereby he might safely, and justly, disparage and undo me; and, therefore, I will apologise for myself no further in that respect, until he, or some other, shall accuse me. My Religion teacheth me to renounce the Pope's Supremacy, and, that is Religion enough, to keep me still in the Commission of the Peace, though I professed no more; therefore, I shall not need to catechise myself, or to make a larger Confession of my faith, upon this Occasion. My knowledge and judgement, hath, hitherto, been as seldom, and as little questioned as any of my neighbours: and, if it be but sufficient (as I hope it is) to enable me to speak, and discharge my duty, without the control or advice of my Clerk, I am persuaded, it is more sufficiency, than all my Fellow-Justices, throughout this Kingdom, may truly boast of. My faithfulness to the State, is so overmuch evidenced to my damage at this present, and so generally known, 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 quality in these parts, do repute me 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 very good Friends.  
In the execution of my Office, I have neither denied, delayed, or perverted justice, since my admission thereunto; nor put any man to so much cost for it, as the expense of one Clerks-Fee; because, I have hitherto dispatched all businesses with my one hand, and am loath to put any man to more charge than need requires. I confess, I have not acted so much in the duties of that place, as the many disorders, and the profaneness 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 very seldom and uncertain: yea, and as far as they dared, they have done me disrespects, and discourtesies (if I may term 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 traveled together out of Surrey, into the King's Quarters (perhaps, employed to convey intelligence) and, who lived in manifest uncleanness, at their return; these (refusing contemptuously to be obedient to my Authority) were countenanced therein, to my disgrace; and to the encouragement of such varlets, and base people, in their contempts, and filthiness. And, whereas I had lately committed two suspicious fellows, 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 conveyed them immediately to the Goal, according to his duty, and my Warrant) the matter was (as it seemeth) so slighted, that the said Constable suffered one of them, negligently, or wilfully, to escape that night: and, for the other, a few weeks after, mean Bail was taken, by one, or moe of the said Gentlemen; not without scandalous intimations (as I have heard) that the poor fellow was not, by me, proceeded against, so much for being a suspicious person, as for that I thought thereby to get his horse; he being apprehended, in a Manor 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 party whom they so bailed, as a man whom I suspected, not without evident cause, hath (since he was let forth upon Bail) committed divers other Felonies; and, is now, reapprehended, and, a prisoner again, by my diligence.  
Now, if the exception made against me, be grounded upon that obsolete Statute which requires every Justice of Peace to have Land of inheritance, of such, or such an yearly value, in the County (which, I am certain 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 only a hundred pounds per annum for a term to come, and some possibilities of more hereafter. And, if I shall be removed for that only; then, my removal is without any fault of mine: For, it is not merely my fault, (and I think your Honours will believe it) that I have not land enough to be a justice of Peace, in every County of the Kingdom: nor doth, indeed, either the practice, 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, nevertheless, kept still in Commission; and were first admitted (as I am informed) by means of some, or one of those, who seek to have me cast out, for the same inconsiderable defect. Amongst which persons, there are two very observable; one of them (who hath but a little plot of Osiers in that County) 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 Solicitor General for Delinquents, at Kingston-Committee, hath no more but a poor Potter's cottage near Chertsey in that County, 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 engrossed places of Power, and Trust, and made such use of Magistracy, for private and sinister ends, that, they have destroyed our Peace, and endangered all our Freedoms: and, therefore, it is now requisite (and, God, in justice, will so have it) that, the stout, faithful, and prudent Citizens, and the men of midling-Fortunes, who were heretofore scorned and oppressed, should be called into Office and employment, that (if it be possible) their courage, wisdom, piety, and integrity, might help our honourable Senators, to redeem us from those miseries, and slaveries, into which the Cannibals of the Court, and the Sagamores of the Country▪ have by their pride, and perfidiousness, lately brought us. And, doubtless, though this temporary cause of dispensing with the Statute were removed, it were no entrenchment upon the true intent and equity of the Law (according to which your Court ought to judge) if a justice of Peace be continued, who hath a personal estate, sufficient to keep his Authority from contempt; and, to enable the discharge of his duty: especially, if the Kingdom be so much indebted unto him (as it is now to me, even in the same County where I am a Commissioner) that, it may suffice to repair, all public, and private damages also, which may be sustained by the justice's Imprudence, neglect, or corruption. Sure I am, if none should be Commissioners of the Peace, in some Counties, as our affairs 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 somewhat else, 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 myself, 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 hour: But, because good days, and hours, are very rare and uncertain 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 until I see such a day, as may give them a happy birth, without hazard: and, I will now express 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 solicit your Honours to put me out of Commission. For, doubtless, 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 own sake, yet for the sake of that which God hath heretofore enabled me to express, concerning this Nation, and the judgements now upon us (which may, else, be made the less regarded, and the less effectual to those who read me) it seems necessary, that I should apologise, a little, to that purpose.  
If I did not know, that to be an honest man, and a professed 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 designs, 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 wondered, 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 myself toward them, and all other of that County, not withstanding many provocations to the contrary.  
For, I solemnly protest before God, that, to my remembrance, I do not know any person in Surrey, with whom I had any quarrel, or unkind contestation, before this War, or since it began, but, with respects, merely to the Public 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 injury, sevenfold. Nay, I have not done to any one of those Gentlemen so much as a seeming injury, or disrespect, except, it seemeth a disrespect, to have refused to join with some of them in the erecting of Alchouses, or in such like concurrences, which I thought unfitting to be assented unto: Or, except it may seem a disrespect to Sir Richard Onslow, that I lately set at liberty a poor man, whom (as I conceive) he had arbitrarily, and wrongfully committed, without cause shown, to the infringement of the just Freedoms of the people, and the Laws of the Land: Or, except he thinks it a disrespect unto him (as I have heard he takes it to be, with an imputation of ingratitude unto me) that, I will not acknowledge myself to have been made Captain of the Horse first raised in Surrey, for the Parliament, merely, by his friendship; whereas, he, and the County knows, I was made choice 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) he laboured to bring in the son in Law of Mr. Muschamp, then, reputed a violent Malignant; and the Gentleman whom he would have made Captain, was not, at that time, barely suspected, but so really a Malignant, that he became, soon after, a Commander for the King; where (I verily believe) he did him worse service, than he might have done, had he commanded those Horse in Surrey. Or, except it seemeth a disrespect to Sir Richard, that I would not re-admit upon his Letter, (and upon his engagement unto me for him) the natural 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 he behaved himself mutinously, and sought to allure away my Troopers, and my Lieutenant to serve the King; unto whom the said Cornet went, shortly after, and was made a Captain also. My Lieutenant, being likewise of Sir Richard Onslow's own choice, I was forced to cashier, as well because he leaned the same way, as for other misdemeanours. Or, except it seems a disrespect, to Sir Richard, that, before his consent thereunto, I was (without my seeking or knowledge thereof, until it was determined) freely, and unanimously nominated for Colonel, 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 thereof, without Sir Richard Onslowes consent; who, indeed, was much out of patitience there with, and could never after be at quiet, until he had contrived the new modelling of the Militia, there, according to his own fancy; For, thereupon he procured the reducement thereof under the Lieutenancie again, by which etc. Or, except it seem a disrespect, unto the said Sir Richard, that when he offered to be Commander in chief, over the whole Militia in Surrey, and to make me his Lieutenant-colonell, I refused the same, thinking it no discretion to quit a superior, for an inferior Command; or, to hazard the being twice deceived, by one man; or, to subject myself, 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 Basin; which was famous, at that time, through the whole Kingdom.  
Or, except it seem a disrespect unto him, that I seldom concurred with him, in his designs; 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 judgement, were more likely (by weakening, and discontening the people) to endanger, then to secure, those parts. Or, unless he conceive it a disrespect unto him, that, when in my Se-Defendendo, I publicly vindicated myself, from being any way , that, Farnham-Castle (whereof I had command at the beginning of this war) was left imprudently (if not treacherously) to the Enemy; and so cleared myself, that, I thereby gave those who were unsatisfied, occasion to seek further, and lay the fault where it was. Or, except it seem a disrespect to Sir Richard Onslow, that I should say, I thought, his procuring me to be put into the foresaid Castle, was not for that end which he first pretended: For, when I consider the series, and concatenation of his proceed 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 restless seeking to accommplish some secret design of his own, which, I conceive he hath, or hath had, upon that Place) I am still, so persuaded, my thoughts have therein done him no wrong; that, I profess again, I do verily believe, he hath aimed at some establishment there, for his own advantage, ever since the war began: and, that he hath thereby occasioned most of the miseries which have wasted Hampshire, and Surrey; and, because this belief shall not appear to be without a Foundation, I will, out of a long chain of reasons, linked into each other, present you with a few.  
The reason why I do believe, that he, the said Sir Richard, occasioned much of the spoil made in Hamp-shire and Surrey; is, for that, it seemeth unto me, to be chief (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 Southern passage to London been strongly guarded, by well fortifying of Farnham, for the present, and by removing the Garrison afterward to Basin (according to my design then proposed) we should have so comforted, and increased, 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 flood, which made the first breach, and spoil; and which, being once made, could never since be stopped so strongly up, but that every little Torrent broke in upon us; to the increasing, or prolonging, of our afflictions.  
The reasons, why I believe it his fault, that, for preventing these mischiefs, a strong Garrison was not timely completed at Farnham, are these: Upon due examination, of his beginning and his proceed, I could perceive no assurance, that he intended to fortify it; unless it might be for such ends as he secretly purposed: For, the Commission, whereby I was made Governor (though 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 himself, and another, had a superintendency over me, and I was, from them, to expect Orders, Ammunition, Provisions, Arms, 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 Daws, and Crows, there, till I was ashamed of my command) Sir Richard himself came unto me, and, in stead of what I expected, persuaded me to quit my Government of the Castle, and to betake myself to my Troop only, as likely to be of longest continuance: For, (said he) though I procured you this command, for the present, and, to avoud surprisal 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. Upon which overture, if (as perhaps was expected) I had persuaded him, to assume the government upon himself, and, so complied with him, that he might commendably have taken, thereby, occasion also, to have so contrived it; I am persuaded, I had, then, answered his expectation: But, I bluntly replied 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 Enemy being in the field) was a kind of imprisonment; that, I, having taken upon me the trust, and profession of a Soldier, it would be dishonourable to me, to give up the best part of my Command, to mine own disadvantage, without any security, or benefit to the Public; and, that therefore, I would not assent thereunuo, until I saw no remedy: which, gave him so little contentment, that, with some faint promises of supply, he departed; and, never sent me any thing afterward, but words, and discouragements; until I, and my Troop, were called thence, to the undoing of the County, & to the plundering of my estate, by leaving the Castle to the possession of the Enemy: And, from that time till this, he hath never been my friend, but sometimes from the teeth outwards; and apparently injurious to me, oftentimes. Other reasons I have, moving me to believe what is afore said, which I will omit till further occasion.  
If the said Sir Richard conceive, that such thoughts, and such a belief of him, as is afore expressed, are a wrong unto him; or, if it be injurious unto him, for me to think (as, I confess, 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 contrary, as he hath done; Verily, he himself, and not I, is cause of the injury (if any be) by giving many occasions of such thoughts, and belief of him, as make it impossible for me, yea, and (as I hear) for many hundreds, to believe otherwise. It had been possible for me, to have concealed this belief, if his provocations, and the perpetuity of his malice, had not necessitated an expression thereof; as well, heretofore, for the Public Security; as now, for my private vindication; and he had sooner heard of it, but that we knew not how to make approaches, for defence of the safety, and privileges belonging to the Whole Body of the Commonalty, without endangering our ruin, by seeming to violate the Sanctuary of personal privileges, though we did but break thorough their encroachments, to do our duties.  
These particulars considered, Sir Richard Onslow might have manifested more prudence, by forbearing, to provoke me beyond all moderation; for, the patiented creature, who can pass by scorns, and injuries, or let a Fool ride him, three or four years together, without kicking, or hurling his Rider into dirt, may be pinched in such a place, or Wither-galled in such a hot season, that his wronged patience may, perchance, turn into madness, and so, both the Fool, and the Ass, mischief each other. The heaving of me from the Seat of Magistracy, is not that which now moves me to make this Vindication, though it occasions it; but, the consequences, which are expected, should follow: For, I was once before put into authority, and out again, ere I knew either the one, or the other; or, without so much as ask, or caring, who did it, or why it was done: For, I can be as merry, and as wise, when I am out of authority, as when I am a Justice of the Peace; my Friends love me as well, my Companions think I am as good company, and (if I have not too high an opinion of mine own good dispossition) the Gentlemen, who have taken so much pains, to put me out of their Fellowship, may have a worse Companion, than I have hitherto been.  
For, I am not such a Cynic, as many, who know me not, have supposed me to be; but, can sit at a Sessions, or Weekly-meeting, and hear some of my worshipful Associates, make long speeches, to the Countrypeople, without envying the wisdom, which is attributed unto them, for it: and, whether they speak sense, or, nonsense; impertinencies, or, to the purpose, it never much troubles me, so businesses be timely dispatched, and, our duties honestly performed, at the last. I could, also, very contentedly, continue silent by them, upon the Bench, and permit them to have all the talk, and the managing of every business, without interruption; yea, and suffer them to reprove, or encourage, as there was cause; or, to the advancement of their own repute, without striving to put in my word, or my opinion, when it seemed needless; except it were, that, the people might take notice of me, and know me to be a man in authority, as well as they: And when the merit of the Cause, the furtherance of Justice, or the prevention of an injury, likely to befall any man, shall move me to speak, I love to do it, in as few words, as I can; that, they whose custom it is, may have time to hear themselves speak, if any such be present. I hope (though I have heard so) there is no man among them so foolish, as to think me a disparagement to the Commission, because I have the title of a Poet; for, King james was so ambitious to be so called, that he preferred a Wreath of Laurel (the Poet's Crown) before his Golden Diadem, as appears by some of his coins, and medals: yea, that title, hath been, by the learned, reputed an honour, even to Solomon, and David; the translation of whose holy Songs, and Psalms, by me, into Lyric numbers, hath been a means, so to sanctify my Poesy, for divine uses; that, this Faculty will not now render me despicable, but among Barbarians; and, how they esteem of me, I care not.  
My Lords, I perceive, this pursuit of my slippery justiceship, hath made my pen outrun the Constable, before I am ware: I will therefore, add a concluding dash or two, and make an end. I  not so upon sitting upon the Bench, with Sir Richard Onslow, as to be solicitous, for mine own sake, whether I am in, or out of the Commission, for ever: But, for my Countrey-sake, and for the preservation of the Privileges, due to a Free-Subject, I could not permit your candour, and credulity, to be abused, by remaining misinformed; nor will my pen to be at rest, until I shall be fairly heard, to the repair of my credit, (if any be lost) and, to the repossessing of that respect which is due to a faithful Officer: Nor will I be silent (if a patch of Freehold be so considerable, that no worth or desert is to be regarded without it) till I have, at least, such a proportion of my Losses, Disbursements, and Arrears, paid unto me, as will buy me so much land of inheritance, as may make me a more considerable man in that County, where they have sought to disgrace me. No, nor will I then be silent, until I see the Law, by which my Justiceship is questioned, to be executed, or dispensed, equally, to all men, without partiality; and, until the election, and continuance, of all such Officers, as are, or were, ordained for preservation of Peace, the distribution, or execution of justice, and the safety of the People's lives, and Liberties, reduced to what (by Law, or equity) they ought to be.  
My hope, to see that effected, makes me endure, the more patiently, the scorn now cast upon me, in requital of all my losses, sufferings, hazards, and the forbearance of my Arrears. And, I doubt not but there will come a day, in which I shall not be thought so impertinent, as some of my neighbours, in Surrey, now think me to be: but, may perhaps (without fawning, or bribing for it) be thought as fit to serve in my own Country, in some place of profit, and credit, as to govern in the Summer-Islands, whither I should have been sent, last year, (and whither I would willingly have gone, if my losses, and arrears, might have been first obtained, to fit me for the voyage) upon hope whereof, though that which is due to me for my Service, and by the Public Faith, is enough (beside my long forbearance thereof) to purchase more than ten times so much land in any County of this Kingdom, at this day, as a justice of Peace is required to have; And, though I cannot yet be dispensed withal, as well as my neighbours, I will, nevertheless, attend patiently, till that day of favour comes; and until the Stars, both of the greater, and lesser magnitudes, in our English Firmament, shall meet in a Constellation, which will be more favourable to me; and, make my inconsiderable defects, as little liable to exceptions, as other men's.  
I perceive, many other, aswell as myself, exposed to such usages, who are weary of complaining; or, who dare not complain, lest they may be used worse, by those, who have the advantages of Time, and Place, openly, to illustrate their own praise, and, secretly, to disparage other men. I see, daily, that they, who were generally reputed the most dangerous Malignants, and, who never shown themselves for the Parliament, but by compulsion, (or, until it began, evidently, to prevail) are, now, become powerful among us: yea, they are politicly ingratiated, endeared, and brought insensibly in, to strengthen a Party against those, who (from the beginning) have acted faithfully, and freely, for the public; and, for the discovery of their neutrality, and disaffection, who, by now seeming to be with us, will more undo us, and more dis-advantage the Common-safety, than all our open-Enemies; yea, and make our habitations unsecure, and our lives, for ever, miserable unto us, if their combinations, and purposes, be not timely prevented, by some Ordinance, forbidding the admission of any such to be in Authority. For, some of them are already in Surrey (as I hear) and elsewhere, in spite of the well-affected, made Committee-men, Commissioners of the Peace, Deputy-lieutenants, Colonels, Captains, and other Military Officers, (I will not, yet, say Parliament-men, though I think I might) to the grievance, and oppression of many, who dare not seek Remedy lest it prove worse to them then the Disease. Insomuch, that it is evident to me (and, as I believe, plain to many thousands) that, some have an intention, to discountenance, and disgrace, by degrees, those who have been eminently zealous, and freely bountiful of their blood, and estates, for the Common-liberty, and safety; and, are putting themselves and their Confederates, into such a posture, as may probably, enable them, to continue the people in slavery to their pride, and arbitrary pleasure, when advantages may be securely taken: which advantages, may, no way, be more safely gained, then by putting those out of Authority, who have been a comfort to the well-affected from the beginning; and, placing in their stead, those, who may discountenance them, and encourage their malignant neighbours, as they do in Surrey, and elsewhere, also, as I am informed.  
Your Lordship's will, perhaps, think me tedious, overbold, and somewhat impertinent, in this Apology, and Remonstrance; but, you would excuse my tediousness, if you knew experimentally, how hard it is for a man to be silent, when he hath once gotten an opportunity to speak (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 bluntness, and digressions, when you see (as in my Cause) what near relations the publike-grievances, and the private-sufferings of honest men, have one to another, justly occasioning some transitions from private, to public, and from public, 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 scandalised a Member of the Honourable House of Commons, by nominating Sir R. Onslow, in this Apology; but, I desire it may be seriously considered, how essential it was unto my effectual justification, that I should nominate him; and, in what manner, and, with what circumstances I have done it; for, I think it will then appear, to the wisdom of the rest of the Members, that I have done myself right, without wronging Them, or Him: If it prove otherwise, I shall repent, and acknowledge my error, with much contrition. For, I prefer the preservation of their just Privileges, and Honour, so far before mine own reputation (though I prefer that before my life) that, I would expose myself to any hazard, rather than to prosecute mine own vindication, by wilful entrenching upon their Essentiall-Priviledges. And, I am persuaded, 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 Sphere of mine own Privileges; and, that it is possible, to pursue such an Adversary, even to the Horns of the Altar, and, yet, not pollute the Sanctuary.  
The Commonwealth is more endangered by Mutes, then by vowels; by Flatterers, than Free-speakers; and more dishonoured, by some of their own Members, who are over-violently zealous for personal Privileges, then by any of those, who, out of care, to preserve the whole Body, may wring a part of it, for a while, by mistake, or misinformation. There was an Ananias among the Disciples, without any disparagement to the rest; and as there have been False-brethrens, among the Lords, and Commons, heretofore, so there may be, now, and hereafter, notwithstanding any assurance we have to the contrary. 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 public detriments and dangers, than we can do injury, 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 endangered, 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 many 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 men's infirmities, to their open personal suffering, so long as I may have hope to do it secretly, for their reformation, and without doing wrong, to the public. But, if I find not the Insolences of some men to be speedily reform; and the good Affections, losses, and services, of those, who have borne, and forborn, for publike-respects, to be better represented to the Parliament, (who, being overburthened by the multiplicity of emergent affairs, 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, than I have been heretofore, whatever come on it: and, though I cannot, perhaps, deliver myself, 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 relief of my Fellow-sufferers, whose patience is almost quite lost by their practices, who, by pretending to act with, and for the Parliament, do secretly, and cunningly, what they can, to bring dis-honour, and contempt thereupon, by their hypocrisy, and injustice, which, I pray God to prevent: and, to let me live no longer, than I shall purpose, and endeavour (according to my understanding) to preserve the power and reputation, of that Supreme Court, in whatsoever I publish, or speak; though some Members thereof, do, now, and may hereafter, forget their duties, as others have done heretofore; and, may thereby force me to express 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 frailty, let me be considered, according to the probability of my good intention, and the sorrow which I shall express 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 me, as against me; neither would you think it added any thing to your honour, if when your short term of Authority is expired. I should be left in worse repute, by your Act, than I was at the late renewing of your own Commission. But. Fiat voluntas Dei, I have discharged my conscience, and, am assured, that God, who hath many times heretofore delivered me from powerful, and malicious Enemies, to my reputation, and their shame, will be as merciful unto me, now, and hereafter.  
GEO. WITHER.