Humble Petition

To the Parliament of the Common-wealth of England, Scotland, and Ireland. The humble Petition of George Wither Esq

T Hat in consideration of money due to this Petitioner now above eleven years, without Interest, and formerly made payable by several Orders of Parliament, it was at last provided in the first Act for sale of estates forfeited for Treason, that the Trustees therein named should sell to this Petitioner, and his heirs, lands, tenements, and hereditaments for satisfaction of the said debt, to the value of 150. li. per an. above all Reprizes out of the estate of John Denham Esquire, notwithstanding anything in the said Act, in any wise to the contrary.

That the said Trustees, sold accordingly to this Petitioner, 150 li. per annum out of the Manor of Little Horsly in Essex, part of the estate of the said Denham, and (received their sallery out of this Petitioners own money, which they ought not to have exacted from him) They by the same Deed sold also unto him, the rest of the said Manor for 1645 li. 4s. 9 d. ½. The said purchase was made without breach of any Rule in the said Act, either by the Sellers or Buyer, and fully paid for according to Contract; The Deed was sealed, and enrolled, before any claim upon the Premises was allowed, and after the time limited for allowance of claims was elapsed: The Petitioner, was by orders from the Commissioners for removing of Obstructions and allowing of Claims, put into possession by the Sheriff, and thereupon encouraged to be at great cost in repairs, in stocking part of the land for settlement of his family upon it; to demise the remainder to several Tenants with bands reciprocally given for performance of Covenants; Not doubting after all this, but, that the said Trustees for the States honor, or for their own credit and indemnity, would have made good their bargain, or procured him as full recompense, for damages that should be thereby sustained, without his default, as he might in equity have recovered from private persons.

That, nevertheless, some of the said Trustees, (when this Petitioner had expended great sums upon the Premises, beside his purchase money) did, by their Order stop his rents, and then reconvey that to another which they had formerly sold to him, as aforesaid, (as if they might arbitrarily, sell, resume, and sell again at their pleasure the same land). And they have thereby caused the Petitioners tenants to deny his rents and services of Court; encouraged them and others to disturb him in his Possession; to abuse his servants by riotous oppositions producing bloodshed, and to occasion many vexatious suits and expenses, which have damnified him in above 600 li. more then he hath raised by the premisses. And now, lately, for a pretended incumbrance charged upon the said Manor, and claimed by one Thomas Offly Esq, this Petitioner is ejected out of his whole purchase aforesaid, to the loss therewith, of the last whole years profit of his stock, and much of the principal after payment of all Taxes; and his family, being on a sudden thrown out, is left destitute both of an employment, and of a habitation in the winter among maliciously Malignant strangers, above one hundred miles from his other possessions; which instead of the benefit intended him, hath now damnified him, with that and other hindrances, above 4000 li. beside much vexation and loss of time; upon which, the ruin of his estate will inevitably follow, if God's mercy, by the Justice of this Parliament, shall not speedily prevent it; because, the said Ejectment hath made him liable to an overthrow in near a dozen suits, wherein the foundation of his right, is thereby taken away. And, to further his undoing, there is above 660 li. (made payable to him out of Haberdashers Hall,) of which he cannot get a penny for his relief; and above 1680 li. more charged by Ordinance of Parliament, upon the Excise in course, which hath been due above eleven years yet unpaid; All which summed up together, with this Petitioners forbearance and charges, in long prosecution, hath made his sufferings among his friends, four times more mischievous unto him, then those he sustained by the common enemy, and forty times more grievous; yet, much is supposed by many, to have been done for him heretofore, whereas nothing hath taken effect.

In consideration of the Premises, and for that it would be dishonorable to the Nation, that their Orders and Acts of Parliament, should be delusive, or made snares destructive to them whose good was intended, not only to the consuming their estates by delays, almost doubling the years reputed equivalent to a man's life, and at the later end also of his days, who hath acted and suffered for the common Cause, and in all points performed his bargain; but also, to the exposing of him in his old age, to vexatious suits and quarrels, infringing peace betwixt man and man, to the making of his life wearisome, who had no suit for above sixty years together: In regard likewise, that the said Offlyes debt (if it be not fraudulent) ought to be paid by the Common-wealth, for that, the lands liable thereto were formerly sold, as aforesaid, to discharge a public Ingagement, and the profits thereof taken up for the use of the State, so many years before the said sale, that the debt was thereby doubled, which might else have been discharged thereby, long ago. And lastly, in respect this Petitioner verily believeth he can make it evident that the said Offlyes claim is forged, to the defrauding the Common-wealth of above 3100 li. which might have been saved, if the Commissioners for allowing of claims, had been informed of what this Petitioner hath now to offer.

It is humbly prayed, that this Petitioner may be restored again to the possession of that which he hath purchased, as aforesaid, without waste made, and his damages repaired: That, all suits in relation to the said purchase, commensed against him, may be stayed until his grievance shall be heard: That, the said Offlyes claim and his qualification, making him capable or uncapable (according to the said Act) of having his claim allowed, may be re-examined in Parliament. And, that those things which this Petitioner hath farther to offer in relation to the Premises on the Common-wealths behalf; or for his own just relief, may be taken into speedy consideration, And the said Petitioner shall continue his prayers for this Parliaments prosperous success.