The Petition and Narrative, Account
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 onelyonly 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, 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 onelyonly 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 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 onelyonly 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 onelyonly 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 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 onelyonly 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 onelyonly, 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.
G. W.
End of the text · George Wither, The Petition and Narrative (1659)