The Case of Anne Smyth, the wife of Daniell Smyth, one of the daughters of Sir John Danvers of Culworth in the County of Northampton K t, deceased, truly stated. Humbly tendred to the Consideration of the Supreme Authority of England, The COMMONS Assembled in Parliament.

May it please your Honours,

ABout the yeer 1642. your Petitioners Father dying, left to her by Will an estate of one thousand pound, as a Portion, in the hands of Sir John Danvers of Chelsey Knight, who with Sir Peter Osborn Knight, his brother, were named Executors: By which said Will was likewise devised the payment of one hundred pounds to your Petitioner, in lieu of so much of hers received by the Testator about forty years since, upon condi­tion and promise of improvement thereof for the use of the Petitioner.

Sir Peter Osborne being out of the land, your Petitioners husband applyed himself to Sir John Danvers of Chelsey concerning the said Portion, who thereupon furnished your Petitioner with such summes of money from time to time as then supplyed her extreme necessity; And after a time, profered a living at Stow in Northamptonshire to your Petitioners husband upon a rent, who accepting it, went with his Family thither, with the good li­king and encouragement of the said Sir John Danvers, who (with other things) gave him in charge, to give his best assistance to Master William Seller Minister there, who (as he thought) was malitiously prosecuted and troubled by some of his neighbours: which command, your Petitioners husband finding just cause, readily observed. But after a time the said Sir John Danvers, being inclinable to remove the said Master Seller, and to place there one Yates, brother to a servant of his, gave intimation thereof to your Petitioners husband, requiring now his assistance on the behalf of the said Yates.

But your Petitioners Husband, being abundantly satisfied of the unjust and causlesse prosecution of the said Master Seller, and also seriously considering the many just causes of exception against the said Yates, (As his extreme inability and insufficiency for the place, his very scandalous conversation, not without great suspition, and many times appearance of Malignancie, and disaffection to the Common-wealth) your Petitioners Husband being extremely pressed in his Con­science, and touched with the sense of the unjustnesse and unwarrantablenesse of such proceedings; and being much more desirous to forward the work of Re­formation (by Gods providence then newly begun) then to have a hand in the nourishing of ignorance, and setting up of prophanesse and licenciousnesse, (ne­cessary consequences of this new intended Minister) out of his duty to God, the Common-wealth, and the Parish wherein he lived; and of his care to the ho­nour of the Parliament, and in particular of Sir John Danvers, whose power must necessarily be made use of to effect it, your Petitioners husband conceived he had good cause to give notice of the premises to the said Sir John Danvers, and to pray an excuse from such service.

Whereupon the said Sir John Danvers (returning for the present a displeased answer) gave order in short time after, for the speedy removing of your Peti­tioner out of the said Living, assigning to the said intended Minister Yates, thereby necessitating your Petitioners Husband to make sudden provision for his Fa­mily elsewhere, means being used to cast him out thence by Ejectment: who understanding of a promise and intention (as was supposed) in the said Sir John Danvers, to pay in your Petitioners portion to Sir Samuell Danvers, her brother, your Petitioners Husband was encouraged to contract for a Living in the same County, which might have been of great advantage to him; but could not prevail by any means possible, with the said Sir John Danvers, to pay in the said por­tion, or any part thereof; yet was threatned with a suit at Law from the said Sir John Danvers, for not avoiding according to order, insomuch that he could not any longer endevour for the said money, for danger of being arrested; and not long after (for want of money to goe on with his said bargain) was, upon breach of Covenant, cast into prison, where falling very dangerously sick, and your Petitioner being constrained to come up to him, the said Sir John Danvers (in her absence, being with her sick husband in prison) gave order to the said intended Minister Yates, to break into your Petitioners house at Stowe, by force of armes, amongst all her goods, and to keep possession there from your Petitioner: who by that means (notwithstanding her relation to Sir John Danvers as his Kinswoman, her being left to his care by her deceased Father, her livelihood all in his hands, and having been to his knowledge for at least these twenty yeares in an extreme weak and diseased condition, now grown to that extremity by occasion of these troubles, that she is in danger to perish for want of means to pro­vide against it) had now nothing at all left her, but a prison for a shelter, and the charity of friends and well-disposed persons, for subsistence of her self and poor Children, her husband being in no capacity to make any provision for them: And notwithstanding your Petitioners many supplications to the said Sir John Danvers at severall times, and in this her distressed and lamentable condition, yet no answer could be obtained, but threats of Law, and expressions of displea­sure, and all this (as is conceived) for no other reason, but to deterre and disable your Petitioner from seeking after her right, and to ruine her Husband for op­posing the said Yates, although it was in order to the discharging of his conscience, and manifesting his constancy to his principles, and reall affection to the Com­mon-wealth.

So that your Petitioner, (being the eldest child of the Testator (having lent him one hundred pounds for above forty yeeres, upon condition as abovesaid, at such time when it was of most advantage to him, and now stayed much the longest for her portion (notwithstanding the said Sir John Danvers hath in his owne hands two thousand five hundred pounds, and Bonds for above three thousand pounds more, in danger to be lost for want of looking after) is now like to be defrauded of her estate, and with her small children impoverished and undone, by means of an unlimited power, procured to the said Sir John Danvers by his said servant Yates, who under pretence of love to the Testator, and care of his Family, had obtained a hand in drawing the said Will. So that with the oppressor there is great power, but on the side of the oppressed there is no helper, unlesse it shall please God to move your Honours to commiserate her sad condition, she having not left her (out of Sir John Danvers his hands) wherewithall to subsist, much lesse (by the tedious and chargeable way of Law, were it that way recoverable) to contend with so mighty an Adversary.

Having therefore no other means to avoid such cruelty, your Petitioner is necessitated to flye unto your Honours for refuge and protection, and in this day of her great calamity to implore your favourable assistance, that so the cryes and grones of the afflicted and oppressed, by your timely justice (especially against the mighty, that are so able to break in peeces, and stamp under foot) may be turned into prayers to that great Protector of States, for a blessing upon your counsells and undertakings, And no place found for that Woe, so long agoe denounced against those that shall neglect to judge the cause of the fatherlesse, or shall stop their eares against the cryes of the oppressed.

To which end your Petitioner humbly prayeth, That the hearing and examination of the truth of her said Case, may be referred by your Honours to some such uninteressed persons as shall be nominated by you, and have power from you to end and determine the same, that she may not onely receive out of her said Fathers estate, her said portion of one thousand pounds, with dammages for forbearance, As also the said hundred pounds, with interest from the time that it was upon that condition lent to the Testator, there being sufficient of the Testators estate in the said Sir John Danvers hand and power to discharge the same, over and above all other claimes thereunto.

But likewise that her said Husband may by some means be secured from such unnecessary suits, as from the said Sir John Danvers are threatned against him, and already brought against such other of the parish, to their almost utter undoing, as out of conscience could not adhere to the said Yates: He having offered, and is still ready, to give all just and faire satisfaction that shall be required from him.

For which your Petitioner, and her poore Children, shall pray, &c.
Anne Smyth.

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