Reasons justifying the said Order in generall.

IN primis, The said Major Wither was one of the first in the Kingdome, who was damnified by the Kings Forces to any great value; the first Contributer to the Parliament in those parts where he lived; the first who there took up Armes for it, as a Commander, and one who hath not only divers other wayes since this war, but all his life time also, manifested himselfe, both in word, deed, and sufferings, to be an Opposer of publike tyrannies, oppressions, and superstiti­ons, according to his faculties and his power, even to the hazarding of his life, and the losse of his estate at this present, as well as to the hindrance of his preferment heretofore.

Secondly, (though the contrarie be suggested by some envious or malignant persons in Surrey) the said Major can make it appeare, that his hindrances and losses, whose repaire was intended by the said Order, were far greater than to the said House of Commons they were certified to be; and that such as in the said Countie of Surrey, were drawne by some in authoritie to sweare the Negative, were abused, and made to perjure themselves, in so doing.

Thirdly, the said Order was fairly gotten, and deliberately granted, not only according to an Ordinance of the Parliament of England, but in pursuance also of a Declaration of both King­domes, wherein it is declared, that no man who hath been in eminent action, or suffered any nota­ble losse for the Publike, should be neglected or sleighted; but, one way or [...]ther, thankfully remem­bred, to his good and the honour of his posteritie: The said two Kingdomes thereby declared also, that the whole estates, reall and personall, moveables and inheritance, of such who were perso­nally excepted from pardon, and who having taken up Armes against the Parliament, should not come in before a day set therefore, should be forfeited for the paying of publike debts, easing common burthens, and repairing particular losses; and, as an establishment of the said Order is a making good of the said Declaration, and of the Publike Faith thereby engaged; so the annihila­tion or frustrating of the same, before the said Majors losses are fully repaired (without some other recompence) wil be a dishonour to the Parliament, it not a violation of the faith of both Kingdoms.

Fourthly, if the said Order should be contemned, and made ineffectuall to the said Major, as it hath lately been, it would much infringe the Liberties of the House of Commons, and make their Orders contemptible, to the dis-honour of the whole Commonaltie of England: For, it will bee conceived, that they either granted more, then they ought to have vouchsafed; or more, then they have power to maintaine; or more, then they have will to performe; or els, that they were not well advised what they granted; the least of which being admitted, would bring contempt on that Honourable House: and should they give and take away, or not prosecute what they had given, few men would hereafter regard their Gifts or Orders.

Fifthly, the said Order was granted at the beginning of this War, and when the favour thereby vouchsafed (for few such Orders were afterwards obtained) was in probabilitie, that wel-affected men might be thereby incouraged to contribute their assistance the more cheerfully, and the more bountifully to the Parliament. And, if now, when their necessities are once supplied, and the pub­like secured (by those willing-once, so far as their estates would extend, who bore the first brunt of the warre) the promises made them should be forgotten, or the Orders granted for their reliefe rendered in valid, without any demerit or cause showne; it will prove an injutie of dangerous consequence, and lose the State tentimes more, then that little which would be saved thereby could ever recompence; especially when the wrong shall fall upon a man who is able to make his oppressions appeare to the world, and whose good affection to his Countrey is so well knowne to the whole Kingdome, as the said Majors: and who can tell what extreame wants, joyned with unsufferable inju [...]e and neglec [...], long complained of, without remedy or regard, may tempt him unto?

Sixthly, the said Major ought in equitie to be repaired according to the said Order, because his thankfulnesse for the same, and his confidence in the Publike Faith, made him neglect the execution of the said Order, when it might have been most for his advantage, rather than he would desert the publike service for his private benefit, when the Common-wealth was in danger, although that neglect indangered the leaving of his children without meanes of breeding, and exposed his wife and family to, extreme wants upon uncertaine hopes: for, on the continuance of his life all their maintenance then subsisted. Besides this, he hath forborne his owne pay ever since the begin­ning of this war; disbursed to his Souldiers above five hundred pounds out of the remaines of his plundred estate, to keep them from dis-banding; and paid all contributions and taxes to both Kingdomes, without repining, even out of that money which he borrowed, and payeth inte­rest for, to maintaine his Family; because he would not discourage others; and because he thought too much to be adventured in this quarrell.

Seventhly, it appeares reasonable, that the said Order should be made effectuall to the said Major Wither, in regard he hath no way abused the favour vouchsafed, by acting greedily or rigorously; for, it will appeare upon examination; that hee executed the same moderately and modestly, with more sense of compassion towards others, than of his owne necessities; never taking any thing by vertue of the said Order, till extreme wants pinched him, or his: In so much, that (though malice and malignancie have suggested the contrarie) hee is yet so far from recovering any part of his principall damages sustained by plunder (his hindrance considered in the losse of the interest thereof, out of which his subsistence should arise) that hee is at this day worse by some hundreds of pounds, than at his first plundring, though his yearly expences are far short of what they for­merly were. And if his kind Creditours continue not their forbearance, he who was never hereto­fore so engaged, may be a prisoner to morrow, without adventuring into the Kings quarters; yea, and though they should for ever forbeare him, his children will grow barbarous for want of means to educate them, and be exposed to hunger and nakedresse; if his arreares be not speedily paid, or if his faithfulnesse, engagements, and sufferings, be not better considered and recompenced (than they have hitherto been) by some other timely supply.

Eightly, whereas some have sought to enervate the said Order, by the Ordinance for Seque­strations, because it came forth after the said Order was granted to Major Wither, and before it was fully executed, the said Major having, by that means, received much detriment to the frustra­ting of the favour graciously intended to him by the Commons, humbly conceiveth it to bee rea­sonable (the said Order neither being unduly executed, nor expressely repealed, nor the just end ac­complished, for which it was granted.) that it should bee continued, effectuall to that end for which it was granted; especially, when, by possession or seizure, and equitable propertie or interest, in the goods or estate of a Delinquent, is transferred from the said Delinquent, to one to whom the whole Parliament is ingaged: and perhaps, it would ill become the honourable Com­mons of England, to permit their own just grant, and favour to be eluded, for want of a circum­stantiall Proviso in an Ordinance, wherein nothing was intended prejudiciall thereto.

Ninthly, the said Order may be justified without damage to the Publike, because, it the said Ma­jor Wither hath, or shall transgresse in executing the same; there are Committees of Accompt for the whole Kingdome in generall, and for most Counties in particular, by whom his mis-user there­of may be discovered; and there is at this present owing to the said Major, from the State for his [...] and [...] due by Accompt made upon Debenters, with Orders for the payment therof, (besides what is due for the quarters, and pay of his Souldiers) [...]bove three thousand pounds, out of which the Common-wealth may be secured.

Lastly, the gracious favour intended by the said Order is the rather to be confirmed to the said Major, because, though he hath suffered many wants, molestations, and unjust affronts in the Par­liaments service, he neverthelesse, continueth constant in his dependence thereon, and in his affe­ction thereto. And if the said Order had been, or might be as advantagious to him, as they who envie that favour have supposed; yet, hee conceiveth it need, not be repented of, as an over large proportion of grace, considering how rich many other men are become by safe and easie employ­ments, who have neither contributed, nor acted, nor adventured, nor suffered any thing so consi­derable (if any thing at all) for the common safetie. Moreover, the said Major Wither, hath not lived heretofore, nor desireth to live hereafter, to himselfe only, upon that which hath been, or shall be restored unto him: For he hath ever since this war, spent his money and his time, accor­ding to his abilities and the occasions offered, without any charge to the State, (except now and then a dinner) in serving diligently, and in discharging faith fully the Publike Trust at his owne cost in the Commission of the Peace, and in almost all the Committees of Surrey since his militarie em­ployment [Page]ceased; untill they who found him, unusefull for their designes, caused him to be left out of some of those Committees: yea, and since he and they who stood in the [...] the first shock of tyranny, were justled out of employment, hee hath found [...], and put himselfe to cost, in those publike services, which (perhaps) the next age will think considera­ble, though this doth not.

Reasons why the composition with Captain Edw. Andrewes at Goldsmiths Hall should not be confirmed unto him by an Ordinance.

FIrst, the said composition was surreptitiously gotten, and before the nature of the said [...] his Delinquencie, or the value of his estate was made known to the said Committee, by which meanes the summe compounded for, was not a fourth part of the yearely values?

Secondly, it is probable that the said Andrewes came not our of the Kings [...] purpose to compound: but, rather to betray Major Geo. Wither unto the Kings forces at Reading, or Basing; for, there was a voluntarie confession of such a designe, confirmed on oath, by one who should have assisted therein; but Basing being beleaguered, and Reading deserted when Andrews came thither, he thought it (as it seems) his best course to pretend a submission. And that he did not at first really intend the same, appeareth by his promising to a Country [...] his, whom he thought to be of his mind, that assoone as he had compounded for his estate in Surdie, and dispo­sed thereof, he would returne into the Kings Quarters, where his family and the rest of his estate, then was.

Thirdly, because the said Andrewes not only raised a Company of Dragoons against the Parlia­ment voluntarily, and without Commission (as is informed) but after the said Dragoons were ta­ken by Sir William Waller, acted violently, also, against the well affected in Herefordshire, and par­ticularly broke up and ransaked the house of Sir Edw. Powel, in a felonious manner, without War­rant or Commission, having onely one Russian-like fellow in his Company, who with a drawne sword put the house-keeper in fear of his life, as appeareth upon oath.

Fourthly, before the said Composition was allowed or reported, the said Andrews did by colour thereof, dis-possesse the said Major Wither of a Farme in Surrey, which being a part of the personall estate of the said Andrewes, the said Major had formerly by vertue of an Order of the House of Commons seized, valued, & possessed, for the Delinquencie of the said Andrews, who had forfeited his estate therein by taking up armes against the Parliament, and by not returning to his obedience before the set Day, according to an Ordinance. In contempt of which Order, the said Cap­tain Andrewes brought, or sent to the said Farme, souldiers and others about midnight, who, as­saulting the house with threatnings to kill those that were within it, if they opened not the doore, shot three musket bullets against the said doore, one of which bullets broke it open, and carried the lock thereof against the breast of the said Majors servant, to the indangering of his life: and, he being all alone in the house, the Ryotours broke in upon him, demanding in a hostile manner, if he would have quarter, and seized upon the goods in the house belonging to the said Major, which he keepeth from him euer since, with his corne, then growing upon the ground: and the said Ma­jor hath waited now almost twelve moneths without remedy or hearing; which, considering how well the said Major Wither, and how ill the said Andrews hath deserved of the State, renders his insolencies (as is humbly conceived) too many and too great, to make him capable of an Ordinance for his Composition.

Fifthly, the said Andrewes having before his time, and without order, forcibly and ryotously entred the Farme as aforesaid, and unlawfully taken to himselfe almost as much of the said Major Withers own goods, as would discharge the value of his Delinquencie, did immediately also, and be­fore his composition was reported to the House of Commons (or before hee had any possession lawfully given unto him) fell downe the woods, and take the profits of the said Farme, to a grea­ter value than his whole composition amounted unto, which makes it the more unreasonable.

Sixthly, Andrewes his composition (at least for that part of his personall estate, which was sei­zed by Major Wither) ought not to be confirmed to the said Andrewes by an Ordinance, because the said Andrewes not coming in before the time limited in the Ordinance of Grace; and the said Major having possessed that part of the said Andrewes estate, immediately after the said, time limi­ted, and before the Ordinance of Sequestration came forth, (by no worse authoritie than by an Order of the House of Commons, grounded on a Declaration of both Kingdomes, for a just releefe of damages sustained in the generall Cause) it would seeme verie unreasoanble, that without cause or hearing, the said Major should be dis-possessed thereof, and concluded against by an Ordinance of [Page]Parliament, hee having petitioned and waited almost twelve months for the prevention thereof. And it will not be disgracefull and injurious to the said Major Wither only, if hee should be thus af­fronted without remedy, but dishonourable to the House of Commons, that their Order should be sleighted, and their gift taken from their friend, and conferred on their enemy, who (as is re­ported) could not forbeare since his composition, to let fall words manifesting a continuing dis­affection to the State.

Lastly, if the said composition should be confirmed to the said Andrewes, for so small a value, to the damage and disparagement of the said Major; the said Andrewes having voluntarily armed himselfe, and acted against the Parliament, so long as hee had power or repute in the Kings quar­ters: If after he hath (in probabilitie) done more spoyle, and committed more outrages than an hun­dred times his estate, and twice so many lives as his can make recompence for; yea, if he, who is rather mischeevous than serviceable to us, now hee is come in, shall after hee hath murthered and robbed the Parliaments friends, be permitted (even during the war which hee hath fomented, and in our quarters) to enjoy his estate peaceably, to the despitefull dispossessing of him, both of his habitation and maintenance, who hath, adventured his life, lost his estate, and many other wayes continued an unwearied zeale to that Publike Safetie, which, such Traytours as the said Andrewes, hath sought to destroy; it is feared the injurie will be more than can be well borne, and such, as will redound not only to the dishonour of the House of Commons, but of the whole Parliament and Kingdome; for which the said Major should be veris sorrie.