Reasons humbly offered in justification of an Order granted to Major George Wither, by the Honourable House of Commons, the ninth of Febr. 1642. for repair of his damages sustained (by the King's Forces) at the beginning of this War, out of the goods and estates of his Plunderers, or any others in Arms against the Parliament: Whereunto are annexed also, reasons against the passing of an Ordinance for one Edward Andrews a Delinquent, part of whose personal estate, was seized and possessed by virtue of the said Order, and injuriously taken again out of the said Major's possession, by colour of a composition at Goldsmith's Hall, to the dishonour of the House of Commons.  

Reason's justifying the said Order in general.  
IN primis, The said Major Wither was one of the first in the Kingdom, who was damnified by the King's Forces to any great value; the first Contributer to the Parliament in those parts where he lived; the first who there took up Arms for it, as a Commander, and one who hath not only divers other ways since this war, but all his life time also, manifested himself, both in word, deed, and sufferings, to be an Opposer of public tyrannies, oppressions, and superstitions, according to his faculties and his power, even to the hazarding of his life, and the loss of his estate at this present, as well as to the hindrance of his preferment heretofore.  
Secondly, (though the contrary be suggested by some envious or malignant persons in Surrey) the said Major can make it appear, that his hindrances and losses, whose repair 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 County of Surrey, were drawn by some in authority to swear 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 Kingdoms, wherein it is declared, that no man who hath been in eminent action, or suffered any notable loss for the Public, should be neglected or slighted; but, one way or ●ther, thankfully remembered, to his good and the honour of his posterity: The said two Kingdoms thereby declared also, that the whole estates, real and personal, moveables and inheritance, of such who were personally excepted from pardon, and who having taken up Arms against the Parliament, should not come in before a day set therefore, should be forfeited for the paying of public debts, easing common burdens, and repairing particular losses; and, as an establishment of the said Order is a making good of the said Declaration, and of the Public Faith thereby engaged; so the annihilation or frustrating of the same, before the said Majors losses are fully repaired (without some other recompense) will 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 ineffectual 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 Commonalty of England: For, it will be conceived, that they either granted more, than they ought to have vouchsafed; or more, than they have power to maintain; or more, than they have will to perform; or else, 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 probability, that well-affected men might be thereby encouraged 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 public secured (by those willing-once, so far as their estates would extend, who bore the first brunt of the war) the promises made them should be forgotten, or the Orders granted for their relief rendered in valid, without any demerit or cause shown; it will prove an injutie of dangerous consequence, and lose the State ten-times more, than that little which would be saved thereby could ever recompense; especially when the wrong shall fall upon a man who is able to make his oppressions appear to the world, and whose good affection to his Country is so well known to the whole Kingdom, as the said Majors: and who can tell what extreme wants, joined with unsufferable inju●…e and neglec●…, long complained of, without remedy or regard, may tempt him unto?  
Sixthly, the said Major aught in equity to be repaired according to the said Order, because his thankfulness for the same, and his confidence in the Public 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 public service for his private benefit, when the Commonwealth was in danger, although that neglect endangered the leaving of his children without means of breeding, and exposed his wife and family to, extreme wants upon uncertain hopes: for, on the continuance of his life all their maintenance then subsisted. Besides this, he hath forborn his own pay ever since the beginning of this war; disbursed to his Soldiers above five hundred pounds out of the remains of his plundered estate, to keep them from dis-banding; and paid all contributions and taxes to both Kingdoms, without repining, even out of that money which he borrowed, and payeth interest for, to maintain his Family; because he would not discourage others; and because he thought too much to be adventured in this quarrel.  
Seventhly, it appears reasonable, that the said Order should be made effectual to the said Major Wither, in regard he hath no way abused the favour vouchsafed, by acting greedily or rigorously; for, it will appear upon examination; that he executed the same moderately and modestly, with more sense of compassion towards others, than of his own necessities; never taking any thing by virtue of the said Order, till extreme wants pinched him, or his: In so much, that (though malice and malignancy have suggested the contrary) he is yet so far from recovering any part of his principal damages sustained by plunder (his hindrance considered in the loss of the interest thereof, out of which his subsistence should arise) that he is at this day worse by some hundreds of pounds, than at his first plundering, though his yearly expenses are far short of what they formerly were. And if his kind Creditors continue not their forbearance, he who was never heretofore so engaged, may be a prisoner to morrow, without adventuring into the King's quarters; yea, and though they should for ever forbear him, his children will grow barbarous for want of means to educate them, and be exposed to hunger and nakedresse; if his arrears be not speedily paid, or if his faithfulness, engagements, and sufferings, be not better considered and recompensed (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 be reasonable (the said Order neither being unduly executed, nor expressly repealed, nor the just end accomplished, for which it was granted.) that it should be continued, effectual to that end for which it was granted; especially, when, by possession or seizure, and equitable property or interest, in the goods or estate of a Delinquent, is transferred from the said Delinquent, to one to whom the whole Parliament is engaged: 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 circumstantial Proviso in an Ordinance, wherein nothing was intended prejudicial thereto.  
Ninthly, the said Order may be justified without damage to the Public, because, it the said Major Wither hath, or shall transgress in executing the same; there are Committees of Account for the whole Kingdom in general, 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 Account made upon Debenters, with Orders for the payment thereof, (besides what is due for the quarters, and pay of his Soldiers) ●bove three thousand pounds, out of which the Commonwealth 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 nevertheless, continueth constant in his dependence thereon, and in his affection thereto. And if the said Order had been, or might be as advantageous to him, as they who envy that favour have supposed; yet, he conceiveth it need, not be repent of, as an over large proportion of grace, considering how rich many other men are become by safe and easy employments, who have neither contributed, nor acted, nor adventured, nor suffered any thing so considerable (if any thing at all) for the common safety. Moreover, the said Major Wither, hath not lived heretofore, nor desireth to live hereafter, to himself 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 Public Trust at his own cost in the Commission of the Peace, and in almost all the Committees of Surrey since his military employment ceased; until they who found him, unuseful for their designs, 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, he hath found 〈…〉, and put himself to cost, in those public services, which (perhaps) the next age will think considerable, though this doth not.   

Reasons why the composition with Captain Edw. Andrew's 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 Delinquency, or the value of his estate was made known to the said Committee, by which means the sum compounded for, was not a fourth part of the yearly values?  
Secondly, it is probable that the said Andrew's came not our of the Kings 〈…〉 purpose to compound: but, rather to betray Major Geo. Whither unto the King's forces at Reading, or Basin; for, there was a voluntary confession of such a design, confirmed on oath, by one who should have assisted therein; but Basin 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 intent the same, appeareth by his promising to a Country 〈…〉 his, whom he thought to be of his mind, that assoon as he had compounded for his estate in Surdie, and disposed thereof, he would return into the King's Quarters, where his family and the rest of his estate, than was.  
Thirdly, because the said Andrew's 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 only one Russian-like fellow in his Company, who with a drawn sword put the housekeeper 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, dispossess the said Major Whither of a Farm in Surrey, which being a part of the personal estate of the said Andrew's, the said Major had formerly by virtue of an Order of the House of Commons seized, valued, & possessed, for the Delinquency of the said Andrews, who had forfeited his estate therein by taking up arms 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 Andrew's brought, or sent to the said Farm, soldiers and others about midnight, who, assaulting the house with threaten to kill those that were within it, if they opened not the door, shot three musket bullets against the said door, one of which bullets broke it open, and carried the lock thereof against the breast of the said Major's servant, to the endangering 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 ever since, with his corn, then growing upon the ground: and the said Major hath waited now almost twelve months 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 insolences (as is humbly conceived) too many and too great, to make him capable of an Ordinance for his Composition.  
Fifthly, the said Andrew's having before his time, and without order, forcibly and riotously entered the Farm as aforesaid, and unlawfully taken to himself almost as much of the said Major Withers own goods, as would discharge the value of his Delinquency, did immediately also, and before his composition was reported to the House of Commons (or before he had any possession lawfully given unto him) fell down the woods, and take the profits of the said Farm, to a greater value than his whole composition amounted unto, which makes it the more unreasonable.  
Sixthly, Andrew's his composition (at least for that part of his personal estate, which was seized by Major Wither) ought not to be confirmed to the said Andrew's by an Ordinance, because the said Andrew's not coming in before the time limited in the Ordinance of Grace; and the said Major having possessed that part of the said Andrew's estate, immediately after the said, time limited, and before the Ordinance of Sequestration came forth, (by no worse authority than by an Order of the House of Commons, grounded on a Declaration of both Kingdoms, for a just relief of damages sustained in the general Cause) it would seem very unreasoanble, that without cause or hearing, the said Major should be dispossessed thereof, and concluded against by an Ordinance of Parliament, he having petitioned and waited almost twelve months for the prevention thereof. And it will not be disgraceful and injurious to the said Major Whither only, if he should be thus affronted without remedy, but dishonourable to the House of Commons, that their Order should be slighted, and their gift taken from their friend, and conferred on their enemy, who (as is reported) could not forbear 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 Andrew's, for so small a value, to the damage and disparagement of the said Major; the said Andrew's having voluntarily armed himself, and acted against the Parliament, so long as he had power or repute in the King's quarters: If after he hath (in probability) done more spoil, and committed more outrages than an hundred times his estate, and twice so many lives as his can make recompense for; yea, if he, who is rather mischievous than serviceable to us, now he is come in, shall after he hath murdered and rob the Parliaments friends, be permitted (even during the war which he hath fomented, and in our quarters) to enjoy his estate peaceably, to the despiteful dispossessing of him, both of his habitation and maintenance, who hath, adventured his life, lost his estate, and many other ways continued an unwearied zeal to that Public Safety, which, such Traitors as the said Andrew's, hath sought to destroy; it is feared the injury 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 Kingdom; for which the said Major should be veris sorry.  

THus having reasoned; whether he  
An Independent seems to be,  
Or Presbyterian-Friend;  
Let not the difference Wrong the Cause;  
For whilst our Factions give us Laws,  
Our plagues will never end.  
Where Truth and Love together side,  
Men will debate; 〈◊〉, not divide:  
But, where Selfe-seekings reign:  
And, where Opinion sway doth bears,  
Confusions in their Counsels are,  
And Reason speaks in vain.   
GEO. WITHER.