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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A58258 Reasons humbly offered in justification of an order granted to Major George Wither, by the honourable House of Commons, the ninth of Febr. 1640 for repairs of his damages sustained by the Kings forces at the beginning of this war ... : whereunto are annexed also, reasons against the passing of an ordinance for one Edward Andrews, a delinquent ... 1643 (1643) Wing R544A; ESTC R36700 5,905 4

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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him by the Commons humbly conceiveth it to bee reasonable the said Order neither being unduly executed nor expressely repealed nor the just end accomplished for which it was granted that it should bee continued effectuall to that end for which it was granted especially when by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 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 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 THus having reason'd whether he An Independent seemes to be Or Presbyterian-Friend Let not the difference Wrong the Cause For whilst our Factions give us Lawes Our plagues will never end Where Truth and Love together side Men will debate 〈◊〉 not divide But where Selfe-seekings raigne And where Opinion sway doth bears Confusions in their Counsels are And Reason speaks in vaine GEO. WITHER