The Petition, and Narrative of Geo. Wither Esq; concerning his many grievances and long sufferings; with a Preceding Addresse made to the Honourable Members of Parliament in their single Capacities, to incline them to a speedy consideration of his Case in Parliament.
Hodie Nobis, Cras Vobis.
To the Right Honourable, the Knights, Citizens and Burgesses in Parliament Assembled.
The humble Petition of George Wither, Esq;
THe said Petitioner hath suffered so much and so long, by trusting to the Publick faith of this Nation, and their Securities given by Act of Parliament, that it hath much impaired his Estate and Credit, and so multiplied his troubles and grievances pertinent to your Cognizance in order to his Relief, that, he dares not offer them in this Petition, lest it prove so large, that at first view it may infringe your patience. Therefore, he is constrained to make way by this Previous Address, adjoyning thereto an humble Narrative of some part of his sad sufferings, with a Series of his Cause, as briefly Epitomized as above 16 years Oppressions would permit; which Narrative he prays your Honours (as you desire GOD should be propitious to you, and those whom you represent) to take into speedy consideration, lest Redress either come too late, or may cost twice so much as will relieve him at this present: For, it will be no Injustice to take Cognizance of those Causes out of Course, that will else become remedilesse, or so hazardous by delay, as this Petitioners will be if deferred, whom perhaps, GOD hath permitted to be so incumbred and insnared, as well for some ends relating to the Publick, or to his own Glory, as for the said Petitioners correction
Justice and Mercy are the chief supports and Ornaments of Kingdoms and Republicks; and the great Body, which your Honours represent, consists of Individuals, whose preservation being neglected One by One, the Whole will be at last consumed. Otherwhiles also Justice neglected, or Injustice done to private men, occasions Plagues to be inflicted on States and Publick persons; and it may be it hath so succeeded within our knowledge: For the five last Parliaments did shut private Complaints so long out of this House, to the remedilesse destruction of many, that those Parliaments were at last shut out of it, and destroyed. Peradventure likewise, that GOD, who alone can make men to be of One minde in a House, will not repair our breaches, untill failings be expiated by more acceptable oblations then such cheap and easie Sacrifices, as formal fastings: Even by some signal Acts of Justice and Mercy, seasonably, and impartially performed for relief of persons extreamly and notoriously oppressed; among whom, if there be any whose present condition deserves more compassion then this Petitioners, he is contented they should be first relieved.
Your Honours will not wholly loose your time, or labour, in hearing the annexed Narrative, or the proofs of the Petitioners Allegations which he shall produce: For, his sufferings being well weighed with the advantages which he hath had in several respects, more then many other oppressed men to vindicate his Cause, and that he hath notwithstanding been hitherto without relief; your Wisdoms may thereby observe, the sad constitution of these times, and conjecture the miserable condition whereto many thousands of the faithfull servants of this Commonwealth have been exposed, who had lesse means to make known their Oppressions; and thence also may collect what is likely to be the sequel.
Therefore, he again beseecheth your Honours (notwithstanding the length thereof) to take the said Narrative into speedy consideration, and to grant the several Requests thereto subjoyned, as in Justice, Equity, or Compassion you shall finde cause; that GOD, who sheweth Mercie to the Mercifull, may free you from your Incumbrances, and so prosper your consultations, that all future Generations may call you BLESSED; to which end this Petitioner will continue his prayers.
The Narrative, and Series of the Grievances, offered by the forenamed Petitioner, in relation to the preceding Petition; with his humble Requests thereunto subjoyned.
THe said Petitioner (who hath in his place, according to his Talent, been faithfull to the Supream power, in all changes, in order to an advance of the publick Interest, peace, and safety, ever since the beginning of the late Wars) was the first (being thereto called) that in those parts where he then lived, freely contributed to that Cause, which seemed prosecuted both for the King and Parliament; the first, who there adventured his life as a Commander; the first, who was there plundered of so considerable an estate; and one of the first, to whom the said Parliament had made so fair a shew of performing their promises and Engagements to those, who should suffer in their service: yet he is likely (if ever) to be one of the last, who shall be repaired: For, all their blossoms have not onely been hitherto unfruitfull, but three times more vexatious and destructive also, then the plunderings, and malice of the common Enemy, as will appear by what follows.
It being proved to the Parliament, by an Inventory of the Petitioners losses, attested by many witnesses, that he was plundered in their service to his dammage in above 2000. l. it was in Parliament ordered Febr. 9. 1642. (above 16. years now past) that he should have 2000. l. toward his repair out of the Estates of John Denham Esq; and other Delinquents; which Order, this Petitioner not being in a capacity to prosecute effectually, without neglect of his duty, (he being then in actual service) no more was by vertue thereof, by him received then 204. l. 17. s. 4 d. or thereabout, above the charges in prosecution; as appeared by a Report made to the Parliament, Feb 18. 1646. by the Committee of Accounts for the Kingdom; before which time, there was due to the Petitioner in principal money, besides what was formerly received and respited upon account (and beside 1795. l. 2. s. 8. d. the remainder of the said 2000. l.) the summe of 1681. l. 15. s. 8. d. by Accompt (fully stated;) and, that summe was made forthwith payable to the Petitioner by several Warrants of the Lord Gen. Essex, and the Committee of Safety, about fifteen years now past; a great part whereof the Petitioner had borrowed to pay his Troup, and hath payed Interest for it to this day.
After many years consumed, in tedious and chargeable solicitations concerning the premisses, the said Petitioners demands were by Order of Parliament referred to the Committee of the Navy, October 20. 1647. who examining them in every particular, found 3438. l. 18 s. 4. d. to be then due to this Petitioner (beside some demands respited) and ordered it should be so reported to the Parliament by Col. Thompson, and that they thought fit it should be paid out of the Excise.
That Report (to this Petitioners great dammage) was not made untill about six moneths after; by which delay, about half a Million (as the Petitioner is informed) was charged upon the said Excise in Course, before any part of the Petitioners debt: The 22 of March 1647. the summe of 1681 1. l. 15. s. 8. d. part of the foresaid 3438. l. 18 s. 4. d. was by Ordinance of Parl. charged upon [...] Course. without mentioning Interest for any portion thereof; though all of it had been made immediately payable by warrants many years before: Though, likewise, they who had served with the Petitioner at the same times, in the same places, under the same Commanders, had either payment in ready money, or Interest allowed untill they were paid: Yea, (which was a greater partiality) though 700. l. of that debt was ingaged for, and lent by the Petitioner as aforesaid: But, this being signified to the Parliament, it was afterward ordered, December 25. 1648. that 300. l. more then was formerly granted, should be paid to the Petitioner out of the Excise, with Interest of 8. l. per Cent. every six moneths, both for the said 300. l. and for the said 700. l. part of the said 1681. l. 15. s. 8. d. untill the said 300. l. and 700. l. were paid.
The residue of the said 3438. l. 18. s. 4. d. was made payable out of Discoveries at Haberdashers Hall, by an Order of the 15. of March 1647. but without effect; because the Petitioner could finde no discovery, without putting himself to more cost and trouble then it would be worth. The Security likewise which was given to the Petitioner for the said 300. l. and for the Interest thereof, together with Interest for the said 700. l. out of the Excise, proved of no force; because the Commons, who granted an Order, as aforesaid, for payment thereof, (having added thereto a desire of the Lords concurrence therein) took away the House of Lords, within so few dayes after, that their concurrence could not be gotten. And the Petitioner being then put into some hope, that payment might have been in some part had out of Compositions made under value, the said Commons ordered again, the 26 of April 1649. that the said 300. l. and Interest for the said 700. l. should be paid unto this Petitioner out of Discoveries at Haberdashers Hall, and out of Compositions as aforesaid made under value at Goldsmiths Hall; by which Order this Petitioner caused 430. l. to be brought into that Treasury; and about seven years after, when it had cost him near as much, he procured payment of 361. l. 6. s. 8. d. thereof, by a Privy Seal out of the Exchequer.
The said Securities being so ineffectual, This Petitioner renewed his suite to the Parliament, which (by means of some not then his friends) referred the whole Cause once again, (as if no former references had been made) to a Select Committee of Parliament, authorized to report how this Petitioner should be paid what they found to be due unto him.) And that Committee reviewing all Demands and Receipts from the beginning, found 3958. l. 15. s. 8. d. to be then due to the Petitioner, with the Interest, which would be due in March then next following, over and above what he had received, which they thought fit should be thus paid, (viz) that the said 1681. l. 15. s. 8. d. should stand charged upon the Excise, with an allowance of Interest of 8. l. per Cent. to be paid every six moneths from the 22. of September then last past, untill the said 1681. l. 15. s. 8. d. should be fully paid. For the reminder of the said 3958. l. 15. s. 8. d. (as also in recompence of the Petitioner's long forbearance, and great expence in about seven years attendance) they thought fit, that the Mannour of Little-Hocksly, (alias) Horsly Hall in Essex, & Wiston Mills in Suffolk, with the Appurtenances, part of the estate of the foresaid John Denham, should be setled upon this Petitioner and his Heirs, the said estate being valued in the Sequestrators books at 240. l. per annum This Report Mr. Dove was desired to make to the Parliament: and this Petitioner is perswaded, that if after so many References and strict examinations in the like, or a lesse considerable Cause, such a Report had been brought in behalf of any Member of that Parliament, or of any one of his Relations, a settlement would forthwith have been made accordingly.
But, so ill was this Petitioner, at that time befriended (for what cause he knows not, except for declaring those truths which some were not pleased to hear of) nothing was done upon that Report, untill the second of January 1650. and then it was Ordered that the said 1681. l. 15. s. 8. d. should stand charged upon the Excise as before, but without mentioning my Interest for the same, though probably intended by the Parliament for the just reasons afore expressed; and in regard it was not for the honour thereof to recede from what they had formerly granted without cause. Neither was more then 150. l. per ann. ordered to be setled upon the Petitioner and his Heirs out of Mr. Denhams estate, [Page]to satisfie the rest of the said debt: which allowance (all things considered) was after the rate of making him pay above twenty years purchase in ready money, for such Land as he might have bought for much sesse then half that value. To make good in shew, this allowance, a Proviso was added to the first Act for sale of Delinquents Estates; And though neither of the foresaid payments, were according to equity (as this Petitioner & many other, conceived) nor amounted to half that, which their own Committee had judged reasonable, and was granted by former Order of Parliament: This Petitioner thankfully accepted thereof, considering the great debts and necessities of the Commonwealth, and how difficultly Justice was obtained in those times; hoping the like strictnesse would have been practised toward themselves, and their Relations (it being about the time of passing their self-denying Vote) which Course would have saved the Commonwealth, many Millions, as he believeth. But, the Petitioner was deceived in that hope; And the security which they then gave him for the said 3958. l. 15. s. 8. d. at so low a rate, did not onely prove no security at all, but became an occasion also of damnifying him, in more then twice that summe; Insomuch, that, if he had remitted all his debts fifteen years ago, he had been probably at more quiet, and at least 4000. l. better in his Estate at this day, and out of those hazzards which he is in, of utterly consuming the remainder of his Estate, and loosing his credit by depending upon Parliamentary securities, as will appear by what follows.
For, the said 1681. l. 15. s. 8. d. part of the said 3958. l. 15. s. 8. d. hath been due as aforesaid above fifteen years; which considered, with the dammages by expences in so long time soliciting for it; The Interests forborn during that time, with the hinderances which he hath had, and the advantages thereby lost (beside so much precious time at the later end of his life) the Petitioner shall loose more then twice that debt, though he might receive the principal summe to morrow: and it being payable without Interest but in Course, which Course hath been stopped five years already, and may so continue ad Graecas Calendas, or till the 30th. of February, no man knows to what dammage it will amount. As for the residue of the said 3958 l. 15. s. 8. d. being 2278. l. the Petitioner is likely to have worse payment: For no more is given to satisfie for it, but 150. l. per annum out of a Delinquents Estate, which is a Title so slighted, that few, or none will lend a years value upon a mortgage of the whole; yet, the said 2278. l. which the Petitioner acquitted for it, considered, with about sixteen years forbearance, heretofore, and other expences and dammages occasioned since the Petitioner bought it, will amount to above fourty years purchase in ready money; nay, his bargain is far worse then so bad; and instead of Land, or Rent for his money, the Petitioner hath nothing but troubles and suites, to the consuming of that Land and money, which he had before; and hath been damnified no lesse then as much more in his Credit, and in hindring the preferment of his Children, when they should, and might have been bestowed in marriage.
For, in pursuance of an Act of Parliament, (whose Securities and Consessions he thought to be the best tenure in the world) the Petitioner took a Conveyance of the 150. l. per annum out of the Mannour of Little Horksly aforesaid, part of the said Mr. Denhams Estate, above seven years now past; he therewith bought by the same Deed Inrolled the remainder of the said Mannour for 1645. l. which he paid according to his Contract; his said purchase was compleated according to every Rule in the Act for sale of such Estates; The premisses were warranted unto him by a Particular to be in the present possession of the Commonwealth; There was no Claim then allowed thereupon; the time limited for allowing of Claims, was elapsed above two moneths before he contracted, and his Purchase was compleated above four moneths, before any Claim upon the premisses was allowed; he was put into peaceable possession, then setled his Family upon part thereof, and demised the rest: yet, after all this, was so interrupted whilest he held the same, that he never made profit thereof to the clear value of a penny; and hath been now about five years ejected, both out of that which was allowed for his said debt, and out of that remainder also which he bought, without any recompence for the one or the other; to the indangering of ruining his Family, in regard he hath spent by inavoydable suits and molestations 500. l. more then he made of the said purchase whilest he was in possession; and cannot yet be freed from further suites, expences, and troubles thereby occasioned, though he be outed of all; and instead of restitution, is jecred (even by some of those, who have put upon him that hard bargain) with Caveat Emptor, and such like scoffing Cautions; which lessons he should not [Page]have needed, if satisfaction might have been at the Petitioners own Election, or if he had thought them in whom he consided to have been either Beggers, or Cheaters, who care not what become of other men when they have served their own ends upon them. But it was not in the Petitioners power to prevent this defect; nor is it now in the power of any under Heaven to relieve him, but a Parliament.
For, an Act of Parliament (whereof the Petitioner could not presage) was made long since the said purchase, to allow of Claims formerly entred, without providing any saving of their Estates, who had purchased according to a former Act; and there being a Dormant Claim entred for a Lease of the premises pretended to be made by the said Mr. Denham, to one Thomas Offly Esq; (which Lease is probably forged, to the defrauding of the Commonwealth of between three and 4000. l.) the Commissioners for allowing of Claims (having no Cognizance of the said probable fraud) did allow satisfaction to be made to the said Offly, out of the said Mr. Denhams Estate; and thereupon the same Trustees, who had formerly sold the premisses to the Petitioner, for so over-valuable a consideration as aforesaid, (though there was no negative, or affirmative Clause in either of the said Acts, to vacate their first sale, or re-invest them with the premisses) did neverthelesse sell them again to John Feilder Esq; (then, and now a Member of Parliament) who had compounded for the said Offlies pretended Interest, at a great under-value, if it be real. They likewise conveyed it unto him in Fee; and continued therewith unto him, or to his Assignes, the said Lease to be kept on foot, whereby the said Mr. Feilder doth knowingly defraud the State, both of the Tythes payable by the Freeholders and Customary Tenants of the said Mannour, and also of a Reversional Estate in the said Mannour; though the said Lease be not fraudulent: For, the premisses were intayl'd, which disabled him to demise the premisses for longer time then during his life: That tail is docked by Act of Parliament, for the benefit of the Commonwealth; and the Evidence which proves the said Interest of the Commonwealth, is a Counterpart of the said deed of Intail; which the said Mr. Feilder having gotten into his hands, to make the easier composition with the said Offly, once produced it to justifie a Claim against the Commonwealth, and now concealeth it, to deprive the Commonwealth of the said Reversion.
By these, and the like proceedings, this Petitioner hath not onely been wholly dispossessed of the premisses as aforesaid, and ever since disquieted with vexatious suites by the said Mr. Feilder and his Agents, but the said Mr. Feilder threatens him with other Actions, and still continues one in the name of Thomas Tedeway commenced against this Petitioner, and for his further vexation, against this Petitioners son also, who hath no Interest in the premisses, but (being under age,) was onely in the Petitioners then dwelling house upon the premisses, when a Lease of Ejectment was there sealed, and was upon that occasion imprisoned in the Upper Bench Prison, to the Petitioners, & his sons great cost and trouble. Upon the same Action the said Mr. Feilder, or his Leasee, by help of an Ignorant Jury, (if not worse) hath lately procured a Verdict for about 300. l. against the Petitioner and his said son for the mean profits of the premisses for three quarters of a year, whereas the whole Mannour is worth no more by the year, and was never worth any thing to the Petitioner, or his son. That summe, or thereabout, this Petitioner is in danger to have added to his former dammages, though proofs were offered to the said Jury, that what the said Mr. Feilder, or some for him hath received of that years profits for which he commenceth his suit, in money, and in what ought to be abated for Taxes, and an Annuity paid out of it to an Hospital by the Petitioner, amounts to almost as much as is given by the said Verdict, and about as much more for the preceding year, the profits whereof were payable to the Petitioner.
These things added together, and considered, with what may probably follow before he shall have relief, do evidence that this Petitioner is damnified and indangered, at least twice so much as in likelyhood he should have been as aforesaid, if he had wholly remitted the said debts at the first: For, it hath, bona fide, indangered the ruine of his Estate and Family; exposed him to extream wants and scorns, rendred his life wearisome, made his honesty questionable, by disabling him to perform his Ingagements; and nigh destroyed his Credit, which is more dear to him then life. Other Grievances very considerable he might justly complain of; but they, who were heretofore most obliged, and most able to relieve him, have been so deaf, or dead rather, to his greatest sufferings when he exhibited his [Page]complaints, that he is weary of complaining, and will not mention smaller oppressions; moreover, he observeth publick wants, and other private mens necessities to be so much, that he cannot in conscience expect a total redresse; and he shall acknowledge it to the honour of your Justice & Clemency, if at this time he may have but that competent Redresse of his Grievances, which may discharge his ingagements to others, for prevention of their wrong, without selling away from his Wife and Children that Estate which is yet left; and that he may not have cause to repent his confiding in a Parliaments concessions and securities, which have hitherto onely increased his dammages and troubles, with disgace to his most sincere endeavours, by making him seem richer then he was; and thereby causing many to think him the lesse honest, because they saw he discharged not those Ingagements, which his trusting to this Commonwealths securities have incumbred him withall, to the dammage as well of other men, and of his dearest relations, as of himself. To which end, if this prevails not, he intends in this cause never from henceforth to Petition any, but God onely, whatsoever he suffers: for he is confident it will be in vain, because he shall then perceive that what he thinks to be right, or wrong, is nor so, nor so, in the judgement of other men.
In consideration of the premisses (whose reality will appear in the main, by the Copies of such Warrants, Orders, and other authentick proofs, and Parliamentary concessions, and securities as this Petitioner will produce, if need be) the said Petitioner humbly prays your Honours, that the said 1681. l. 15. s. 8. d. (whereof about 300. l. is due to some of his Officers and Troupers, and to others of the Towns of Guildford, and Farnham in Surrey, for their quarters) may be forthwith paid unto him; or at least the said 300. l and 700. l. with Interest for the same, and the residue hereafter. Or, that some other provision may be made to relieve his present wants, and preserve his credit. That, also, he may be restored to his said purchase, with reasonable repair of his damages unjustly sustained. That the badges of the fraudulency of the said Mr. Denhams pretended Lease of the premisses afore mentioned to Mr. Offly, (which this Petitioner is ready to offer,) may be taken into consideration, in regard it may possibly recover between three or 4000. l. to the Commonwealth, or a considerable part of those summes. That the said Mr. Feilder may be ordered to produce the foresaid Counterpart of a Deed of Intaile made of the Mannour of Little Horsly aforesaid, and other Lands, by concealment whereof this Commonwealth is defrauded of that right, which it hath to a Reversion of the said Manour, and other Lands. And lastly, it is prayed, that all Actions and proceedings at Law against the Petitioner & his son, concerning the said Mannor, may be stayed, as also all other Actions, whereby the Petitioners prosecution of this Cause may be obstructed, untill it shall be heard, and determined in Parliament; with whose final Sentence as touching any part of the premisses, this Petitioner will rest satisfied, and continue his prayers for your Honours.