The Petition, and Narrative of Geo. Whither Esq; concerning his many grievances and long sufferings; with a Preceding Address 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. WE are not few that suffer; and that may To morrow, be your Case, that's our to day (As now the Cards are shuffled, Cut, and laid, And, as the Game shall well, or ill be played.) Give Loser's leave to speak, and, me for one, Who make at this time my Address alone, Without your doors, within which, I, as yet Can, for my Prayers, no admittance get. Of seven times ten, to spend years ten and seven In ask for mine own, I have been driven, And no result obtained, but, instead Of Fish, a Scorpion, and hard Stones for Bread, Which filled me full of thoughts, that getting vent Orecharge the Papers, which I would present. Yet, muse not, if my Narrative it strain To an unusual length, and shall speak plain: Wide wounds, must have large Plasters; When a wrong Lasts many years, Bills of Complaint, are long, And, sharp words, may from him, be born withal, Whose Drink and Food are Vinegar and Gall. I, have but one Life, and that's almost spent; Let me not wait a time equivalent To three men's lives, or till the Cure I crave Comes, Physick-like, to him that's in his grave. Nor let, by you, my Reason, at this time Despised be, although you slight my Rhyme; For, who ere sleights a suffrer in his sorrow, Mine, or a worse, may be his Case to morrow, Or, ere the storms, now threatened, are passed thorough. I use not to make friends; for I suppose In Parliament, men have nor friends nor foes, But as the Case deserves; at least, I know That if it be not thus, it should be so; And, wish he may with shame requited be, Who wilfully wrongs others, though for me. All, which within your doors, I'll ask of you Is no more, than I freely would allow Even to my greatest foe, and be afraid Of what might follow, if it were delayed. All my Requests, without your doors have been But that some one of you would carry in My sad Petitions; which I did in vain Entreat for, whilst four Parliaments did reign; For, evermore, the Commonwealths Affairs, Or, private men's more acceptable prayers Kept my Petitions out, though I attended From their first sit, till five Sessions ended. Though, many seemed me, and my Cause to own With good respect, and few men are more known. Some still, pretended to be pre-ingaged To others: some, against me were enraged For personal respects: some did profess They feared their own Inacceptablenesse Might wrong my Cause: some, never were at leisure To do for any honest man, a pleasure. Some, very often, promised fair, and much; But, their, or my ill hap, was ever such That, some cross intervening accident, My hopes, and their performance did prevent: And, one (as if I had been of a Nation Without your Pale) said, he knew no Relation 'Twixt him and me, obliging him unto That favour I requested him to do: Which answer, I, the less was pleased withal, Because, he is a Major General; And, one of those, who (being raised, by Pretending to the Common-liberty,) Seemed bound to have performed what I sought In Courtesy, or Conscience, as I thought. But, I, such sleightings very often smother, And make good use of them, one time, or other. This favour, I, yet want: This to obtain By an Expedient, (once tried, not in vain) I, once more now assay: For, though I hear My Foes, do both my Rhymes and Reasons jeer, (And, that they are but laughed at, make their boast) They have not gained their ends, nor are mine lost. By these Outbreathing, I, refresh my heart; They please my friends; sad muse, they divert; They will commemorate my honest Cause When all their grinning teeth, rot from their jaws: And, I, at them, who my deriders be Laugh, with as much scorn as they laugh at me, Because, I know, their hearts, in secret, fear Th' Events of that, whereat their Tongues do jeer; And, that, at length, Time will a means provide, Both to befool their wits, and shame their pride By things which they contemn. I'll therefore try How, Charms of my despised Poetry Will work on you; with hope, that they shall find Such acceptation, in the generous mind Of some Heroic persons, that I may Acquire, what I have failed of to this day, By having my Oppressions, and Afflictions (Which are without Hyperboles, or Fictions To you declared) there, speedily now read Where, they shall justly be determined. For, now the time is come, in which I, either Must be repaired, or ruin'd altogether, If he, from whom, Repairs I, oft have got (When I was nigh destroyed) repair me not. Grant me, but that, which you would ask to have, Were my Case, your; And I, no more will crave. Your servant, Geo. Wither. 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 Public 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, adjoining thereto an humble Narrative of some part of his sad sufferings, with a Series of his Cause, as briefly Epitomised 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 remediless, or so hazardous by delay, as this Petitioners will be if deferred, whom perhaps, GOD hath permitted to be so encumbered and ensnared, as well for some ends relating to the Public, or to his own Glory, as for the said Petitioners correction Justice and Mercy are the chief supports and Ornaments of Kingdoms and Republics; 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 Public 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 remediless 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 mind in a House, will not repair our breaches, until failings be expiated by more acceptable oblations than such cheap and easy Sacrifices, as formal fastings: Even by some signal Acts of Justice and Mercy, seasonably, and impartially performed for relief of persons extremely and notoriously oppressed; among whom, if there be any whose present condition deserves more compassion than this Petitioners, he is contented they should be first relieved. Your Honours will not wholly lose 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 than 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 faithful servants of this Commonwealth have been exposed, who had less 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 subjoined, as in Justice, Equity, or Compassion you shall find cause; that GOD, who showeth Mercy to the Merciful, may free you from your Encumbrances, and so prosper your consultations, that all future Generations may call you BLESSED; to which end this Petitioner will continue his prayers. Geo. Whither. The Narrative, and Series of the Grievances, offered by the forenamed Petitioner, in relation to the preceding Petition; with his humble Requests thereunto subjoined. THe said Petitioner (who hath in his place, according to his Talon, been faithful to the Supreme power, in all changes, in order to an advance of the public Interest, peace, and safety, ever since the beginning of the late Wars) was the first (being thereto called) that in those parts where he than 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 show 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 only been hitherto unfruitful, but three times more vexatious and destructive also, than 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 damage 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 virtue 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 sum of 1681. l. 15. s. 8. d. by Account (fully stated;) and, that sum 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 paid Interest for it to this day. After many years consumed, in tedious and chargeable solicitations concerning the premises, 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 damage) was not made until about six months 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 sum 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 until they were paid: Yea, (which was a greater partiality) though 700. l. of that debt was engaged 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 than was formerly granted, should be paid to the Petitioner out of the Excise, with Interest of 8. l. per Cent. every six months, both for the said 300. l. and for the said 700. l. part of the said 1681. l. 15. s. 8. d. until 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 Haberdasher's Hall, by an Order of the 15. of March 1647. but without effect; because the Petitioner could find no discovery, without putting himself to more cost and trouble than 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 days 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 Haberdasher's Hall, and out of Compositions as aforesaid made under value at Goldsmith's 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 suit 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 than 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 months from the 22. of September than last passed, until 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 recompense of the Petitioner's long forbearance, and great expense in about seven years' attendance) they thought fit, that the Manor 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 settled 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 persuaded, that if after so many References and strict examinations in the like, or a less 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, until 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 than 150. l. per ann. ordered to be settled upon the Petitioner and his Heirs out of Mr. denham's estate, to satisfy 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 show, 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 strictness would have been practised toward themselves, and their Relations (it being about the time of passing their selfdenying 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 only prove no security at all, but became an occasion also of damnifying him, in more than twice that sum; 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 hazards which he is in, of utterly consuming the remainder of his Estate, and losing 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 damages by expenses in so long time soliciting for it; The Interests forborn during that time, with the hindrances which he hath had, and the advantages thereby lost (beside so much precious time at the later end of his life) the Petitioner shall lose more than twice that debt, though he might receive the principal sum 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 damage 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 satisfy 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 expenses and damages occasioned since the Petitioner bought it, will amount to above forty years' purchase in ready money; nay, his bargain is far worse than so bad; and instead of Land, or Rend for his money, the Petitioner hath nothing but troubles and suits, to the consuming of that Land and money, which he had before; and hath been damnified no less then as much more in his Credit, and in hindering 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 Concessions he thought to be the best tenure in the world) the Petitioner took a Conveyance of the 150. l. per annum out of the Manor of Little Horksly aforesaid, part of the said Mr. denham's Estate, above seven years now past; he therewith bought by the same Deed Enrolled the remainder of the said Manor for 1645. l. which he paid according to his Contract; his said purchase was completed according to every Rule in the Act for sale of such Estates; The premises 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 months before he contracted, and his Purchase was completed above four months, before any Claim upon the premises was allowed; he was put into peaceable possession, then settled his Family upon part thereof, and demised the rest: yet, after all this, was so interrupted whilst 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 recompense for the one or the other; to the endangering of ruining his Family, in regard he hath spent by inavoidable suits and molestations 500 l. more than he made of the said purchase whilst he was in possession; and cannot yet be freed from further suits, expenses, 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 have needed, if satisfaction might have been at the Petitioners own Election, or if he had thought them in whom he confided to have been either Beggars, 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 entered, without providing any saving of their Estates, who had purchased according to a former Act; and there being a Dormant Claim entered 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. denham's Estate; and thereupon the same trusties, who had formerly sold the premises 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 reinvest them with the premises) did nevertheless 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 undervalue, if it be real. They likewise conveyed it unto him in Fee; and continued therewith unto him, or to his Assigns, the said Lease to be kept on foot, whereby the said Mr. Feilder doth knowingly defraud the State, both of the Tithes payable by the Freeholders and Customary Tenants of the said Manor, and also of a Reversional Estate in the said Manor; though the said Lease be not fraudulent: For, the premises were entailed, which disabled him to demise the premises 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 Entail; which the said Mr. Feilder having gotten into his hands, to make the easier composition with the said Offly, once produced it to justify a Claim against the Commonwealth, and now concealeth it, to deprive the Commonwealth of the said Reversion. By these, and the like proceed, this Petitioner hath not only been wholly dispossessed of the premises as aforesaid, and ever since disquieted with vexatious suits 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 premises, but (being under age,) was only in the Petitioners then dwelling house upon the premises, 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 premises for three quarters of a year, whereas the whole Manor is worth no more by the year, and was never worth any thing to the Petitioner, or his son. That sum, or thereabout, this Petitioner is in danger to have added to his former damages, 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 endangered, at least twice so much as in likelihood he should have been as aforesaid, if he had wholly remitted the said debts at the first: For, it hath, bona fide, endangered the ruin of his Estate and Family; exposed him to extreme wants and scorns, rendered his life wearisome, made his honesty questionable, by disabling him to perform his Engagements; 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 complaints, that he is weary of complaining, and will not mention smaller oppressions; moreover, he observeth public wants, and other private men's necessities to be so much, that he cannot in conscience expect a total redress; and he shall acknowledge it to the honour of your Justice & Clemency, if at this time he may have but that competent Redress of his Grievances, which may discharge his engagements 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 only increased his damages and troubles, with disgrace to his most sincere endeavours, by making him seem richer than he was; and thereby causing many to think him the less honest, because they saw he discharged not those Engagements, which his trusting to this Commonwealths securities have encumbered him withal, to the damage 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 only, 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 premises (whose reality will appear in the main, by the Copies of such Warrants, Orders, and other authentic 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. denham's pretended Lease of the premises 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 sums. That the said Mr. Feilder may be ordered to produce the foresaid Counterpart of a Deed of Entail made of the Manor 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 Manor, and other Lands. And lastly, it is prayed, that all Actions and proceed at Law against the Petitioner & his son, concerning the said Manor, may be stayed, as also all other Actions, whereby the Petitioners prosecution of this Cause may be obstructed, until it shall be heard, and determined in Parliament; with whose final Sentence as touching any part of the premises, this Petitioner will rest satisfied, and continue his prayers for your Honours. G. W.