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 Lodg∣ings.

This denied: For Cromwell having been all the Sum∣mer 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 af∣ter 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 al∣ledged 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, rela∣ted to some of the Army that my selfe and Cromwel advised the King's Death.

This denied; or that I ever advised it with Crom∣wel, 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 af∣ter, 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 rela∣tion, 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 Hom∣by, 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 mani∣fested my dislike, and dis-satisfaction; and this, if the House think fit, will be made good by many witnes∣ses.
• 3. That I was not then of the House of Commons, for being made a Judge in October 1648. I sat not a∣gain untill June 1651. so that having nothing to do in the House, where the Commission issued, and decla∣ring my selfe openly against it; It is hard, these times considered, when the danger was more in shewing dis∣like, 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 pre∣tended 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 Mem∣bers in 1648. nor was then of the House of Com∣mons.

3. That he was the dark Lanthorn, and privy Coun∣cellour, 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 sum∣moned 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 Com∣missioners of the Treasury: I never intermedled, or received Salary, either as a Councellor or Commis∣sioner; 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 Parlia∣ment, 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 fol∣lowed 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 Lon∣don: 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 re∣ceived 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 Go∣vernment 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 com∣mitted, 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 af∣fliction to me, that I should by them be thought un∣worthy 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. Strick∣land, I humbly offer:

• 1. That it was above two years after that the Com∣mon-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 Ami∣ty 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 Ma∣jesty, as an effect of this Embassie: As I never heard it before, so I am confident that no occasion was gi∣ven for it by me, or that Embassie. And if it be fur∣ther 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 Ward∣robe. 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 ad∣ministration 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 pre∣sent debate being, Whether an Act of Parliament, procured by actuall force, were good, or not, I u∣sed 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 Arbi∣trary

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 ne∣ver 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 ha∣ving 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 instru∣mentall 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 ta∣king away of Tythes, both which were strongly in∣deavoured. And not being satisfied concerning their sitting without the Lords and the Members exclu∣ded; I indeavoured the bringing in of a Free-Par∣liament, as a thing due to the Nation, and, as the di∣stractions 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 Prin∣ciples.

After the Army had again interrupted their sit∣ting, 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 de∣clare 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 Par∣liament, 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 pre∣sent.

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 altera∣tion 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 opi∣nion; 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 Delin∣quents,

(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 rep∣resented, should think me unworthy of, and should adjudge my crimes unpardonable, (the hand consi∣dered) Affliction would be added to Affliction.

FINIS.