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<NAME>Kate Allen</NAME>
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<DIV1 TYPE="text">
<PB REF="1">
<PB N="1" REF="1">
<HEAD>THE MANY SUFFERINGS of an undone <HI>Gentleman,</HI> and his Fa|mily, here truly remon&s;trated to publick commi&s;eration.</HEAD>
<P>I <HI>Thomas Conningsby</HI> of <HI>North-myms</HI> in the County of <HI>Hartford</HI> E&s;quire, having in the whole cour&s;e of my life endeavoured the enjoyment of my Intere&s;t in this Common-wealth, alwayes in the rules of the known Laws and duties by me to be performed in a peaceable way, without any the lea&s;t medling in the unhappine&s;&s;e of the&s;e times, or gi|ving cau&s;e of &s;o many deep &s;ufferings to my utter ruine; and not con|&s;cious to my &s;elf of any crime de&s;erving &s;uch proceeding again&s;t me, by my malicious Enemies countenanced in the highe&s;t degree, being acts and proceedings again&s;t me, and the extreame&s;t of unju&s;t and hard u&s;ages by &s;everall Committees in the Countrey for Seque&s;trations, and the Committees of Examinations and Indempnitie here above, exceed|ing and abu&s;ing the Power &amp; Au<GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk"> <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">f Ordinances, and Orders of Parliament, and cau&s;ele&s;ly <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> me in my birth-right, my Inheri|tance, propertie and Freeh<GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk"> <GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk">ucting me by their power, and too much pre&s;uming there being too hard for me to bring my hard mea|&s;ure from them, and the true u&s;er its of my cau&s;e to a right under&s;tand|ing; having no other means, I here publi&s;h to all men of mode&s;t minds, and of right under&s;tanding, who are in a capacitie to relieve me, if po&s;|&s;ibly I could bring my ju&s;t Complaints and Grievances to be received and heard before them: but by continued, many deep, and long inju|ries, &s;o powerfull are the parties concerned over me (as in the &s;equell will appear) that all my ju&s;t wayes in endeavouring my lawfull remedy, and &s;ubmitting likewi&s;e to the judgement by Ordinances, or Orders of Parliament, in&s;tead of relief, the additionall outrage (to that low and mi&s;erable condition they have brought me into) intages them to pro|ceed farther in their malicious ends towards me.</P>
<P>And a word concerning all the cau&s;e of my mi&s;eries, was that I was Sheriffe of my County by his Maje&s;ties Commi&s;&s;ion, 1642. under the great Seal and Authority then unque&s;tioned, (a<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> the &s;ame that gave being to the Parliament it &s;elf,) by Writ and Commi&s;&s;ion in <HI>January</HI>
<PB N="2" REF="2">1642. commanded to publi&s;h certain his Maje&s;ties Proclamations, which by unavoidable Law, bound duty, and the tye of a &s;trict Oath I was bound to obey, no Ordinance or Prohibition then to the contrary, nor the Ordinance for Seque&s;trations till the third Month following, the 13. of that <HI>Jan:</HI> at St. <HI>Albons</HI> cau&s;ing a Proclamation to be read, peace|ably, and out of no intere&s;t of my own, but that duty and tye afore&s;aid; was &s;eized by a troop of Hor&s;e, brought pri&s;oner to <HI>London,</HI> not exami|ned or heard, &s;ent pri&s;oner to <HI>London-Hou&s;e</HI> Gaole: Now becau&s;e puni&s;h|ments of &s;o high a nature are a brand to po&s;teritie of &s;ome foule crime and mi&s;carriage, I offer this for my vindication to all the world, in the judgement of rationall men, where was the offence de&s;erving the pu|ni&s;hment by a totall &s;eque&s;tration, the office of Sheriffweek continued under the &s;ame Commi&s;&s;ion till <HI>April</HI> 1644. that I receive di&s;charge by Writ under the then new great Seal, whether the omi&s;&s;ion of what is all my offence, in like kinde commanded from the Authority of this Seal, would not be counted a contempt of an high nature.</P>
<P>And fir&s;t by a mi&s;-guiding and fal&s;e report made to the Hou&s;e by <HI>Miles Corbet,</HI> a Member of the Hou&s;e, in the&s;e words: Mr. <HI>Corbet</HI> reports from the Committee of Examinations the bold and unbefitting carri|age of the Sheriffe of <HI>Hartford&s;hire,</HI> who is committed pri&s;oner to <HI>London-Hou&s;e</HI> by Order of this Hou&s;e, not a&s;&s;igning wherein: and to this day the Remon&s;trate altogether both guiltle&s;&s;e, and unknowing any cau&s;e.</P>
<P>Whereupon it is Ordered this day, <HI>Die Lune,</HI> 13. <HI>Martii,</HI> 1642. That the &s;aid Sheriffe of <HI>Hartford&s;hire,</HI> &s;hall be forthwith committed pri&s;oner to the Tower, there to remain clo&s;e pri&s;oner, till the further plea&s;ure of this Hou&s;e be known.</P>
<P>Where I continued at my own great charges, and in no better then clo&s;e re&s;traint, from the &s;aid 13. of <HI>March</HI> till 14. of <HI>Octob.</HI> 1647. five yeers and &s;even months, and then removed to Peterhou&s;e Goale, where with inhumane in&s;olence, and &s;everal a&s;&s;aults of one <HI>Simball</HI> the Gaoler to the great danger of my life, I continued till 8. of <HI>April</HI> 1648. my &s;on then obtained for my health &s;ake, (being grown into great weakne&s;&s;e) libertie for to go into the Countrey, upon what tearms I know not to this day; but as to my impri&s;onment, being it was by Order of the Hou&s;e of <HI>Commons</HI> is not the thing I any way que&s;tion, but &s;o farre as &s;o deep a di&s;plea&s;ure towards me brought upon me the opinion of &s;ome noto|rious mi&s;carriage even from &s;ome Members of the Hou&s;e to whom I was not known, and others who though knowing my conver&s;ation &s;tood doubtfull of a right under&s;tanding of me, thus branded by &s;o heavie
<PB N="3" REF="2">puni&s;hment, and from &s;o high Authority, to the &s;en&s;ure even of my be&s;t friends, and advantage of malicious enemies, who thus contrived to ruine me as afore&s;aid; and yet in that &s;pace of time from my impri|&s;onment till <HI>May</HI> 1644. that they had fully ripened their intentions up|on me, my wife and now mo&s;t di&s;tre&s;&s;ed family living in my hou&s;e in &s;ufficient &s;orrow, and peaceably paid for me and for that part of my e&s;tate in our own occupation, for the &s;ervice of the Parliament, for 3. months for the Lord Generals Army the Earl of <HI>E&s;&s;ex,</HI> one rate 12 li. an other rate 19 li. another rate 3 li. towards rai&s;ing a &s;cout hor&s;e and cart and fortifications at St. <HI>Albons</HI> 5 li. 10 s. for 5th and 20th part 83 li. 10 s. for an hor&s;e and Arms 19 li. compelled by Do&s;tor <HI>King,</HI> though excu&s;ed by the other Committees, after all our hor&s;es and Arms at &s;everall times plundered from us, to the value of 120 li. for a &s;ea&s;ement with|out Warrant 7 li. for three other Sea&s;ements 17 li. 2 s. the &s;ummes paid to the Parliament &s;ervice 143 li. 12 s. this was not to be reckoned De|linquency and cau&s;e of Seque&s;tration.</P>
<P>Till the yeer 1644. <HI>Die Martis,</HI> 26: one Sir <HI>William Brereton</HI> in an Ordi|nance thus:</P>
<Q>And be it further Ordained by the Lords and Commons, that the per&s;onall e&s;tates of all &s;uch Delinquents and Papi&s;ts within the City of <HI>London</HI> and <HI>We&s;tmin&s;ter,</HI> and within 20. miles of the &s;ame, not &s;eque&s;tred nor di&s;covered, and which &s;hall be di&s;covered by the &s;aid Sir <HI>W. Brere|ton,</HI> or &s;uch per&s;on or per&s;ons, as he &s;hall authori&s;e, under his hand and &s;eal for that purpo&s;e, within two months next after the publi&s;hing in Print of the Ordinance, &s;hall be allowed to the &s;aid Sir <HI>W: Brereton,</HI> for the farther advancement of the &s;aid &s;ervice. Provided, the &s;aid conceal|ed e&s;tates exceed not the &s;umme of 5000 li. And that the &s;aid Sir <HI>Will: Brereton,</HI> or any per&s;on authori&s;ed by him as afore&s;aid, nor any of them, &s;hall po&s;&s;e&s;&s;e them&s;elves of the &s;aid Papi&s;ts and Delinquents e&s;tates, be|fore he or they acquaint the Committee of Lords and Commons for Seque&s;trations therewith, to the end they may judge the delinquency of the per&s;ons before his or their e&s;tates be taken away.</Q>
<P>The 8. of <HI>April</HI> following, <HI>Brereton</HI> procures an Order from the Hou&s;e of Commons of reference to the Committee thus.</P>
<FLOATEXT LANG="eng" TYPE="Parliamentary order">
<OPENER><DATELINE><DATE><HI>Die Lune,</HI> 8 <HI>Aprilis,</HI> 1644.</DATE></DATELINE></OPENER>
<P>It is ordered by the Commons a&s;&s;embled in Parliament, that it be re|ferred to the Committee of Examinations, (where Mr. <HI>Corbet</HI> has the Chaire) to inquire into, and &s;ecure &s;uch Papi&s;ts and Delinquents e&s;tates as Sir <HI>W. Brereton</HI> &s;hall di&s;cover, and report the &s;tate of the bu&s;ine&s;&s;e to the Hou&s;e.</P>
<CLOSER><SIGNED>Hen: El&s;ing, Cler: Parl: Dom: Com.</SIGNED></CLOSER>
</FLOATEXT>
<PB N="4" REF="3">
<P>4 <HI>May</HI> 1644. In pur&s;uance of an Order of the Hou&s;e, dated 8 <HI>Aprill</HI> 1644. Sir <HI>William Brereton</HI> brought in an Information again&s;t Mr. <HI>Thomas Conningsby.</HI></P>
<Q>Ordered that Mr. <HI>Conningsbies</HI> e&s;tate be &s;ecured, and that Mr <HI>Conning&s;|by</HI> and his Wife to have notice, and required to come or &s;end on <HI>Tue&s;day</HI> next, to &s;hew cau&s;e why his e&s;tate &s;hould not be &s;eque&s;tered, that the Tennants forbeare to pay any rents to or for his u&s;e; and that &s;uch per|&s;ons as Sir <HI>W. Brereton</HI> &s;hall appoint, take care to put this in execution.</Q>
<P>Mark here I be&s;eech you, for the Cau&s;e of Truth and Right, and it is an old and true &s;aying, <HI>Lyers had need of good memories, and Iuglers to be wary in fal&s;e practi&s;es:</HI> and here you &s;hall find that the &s;peciall reference to the Committee (where Mr. <HI>Corbet</HI> has the Chaire) is not in vain to <HI>Breretons</HI> purpo&s;e, he and his man <HI>Kirk</HI> the Clark then of that Committee, enter|ing and omitting as might be&s;t conduce to the advantage of <HI>Breretons,</HI> for neither the Information of the 4 of <HI>May,</HI> nor order from my wife and my &s;elf to appear was ever &s;erved on any of us; but an Order of the 1 of <HI>May</HI> upon <HI>Breretons</HI> information again&s;t my Wife and Mr. <HI>Williams,</HI> for &s;ending Hor&s;e and Arms to <HI>Ox<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n,</HI> and &s;ending intelligence thither, and upon this ordered &s;he and Mr. <HI>Williams</HI> are &s;ummoned to appeare &s;erved on them 3 <HI>May,</HI> and that &s;ame day all their Goods within doores and without Inventoried and &s;ecuritie, forced to be given for them, none of which is certified; &s;he appearing on the 8 day, all that laid a&s;ide and the proceeding of the Committee, thus certified.</P>
<Q><P>8 <HI>May</HI> 1644. Upon the information again&s;t Mr. <HI>Conningsby:</HI> That he put in execution the Commi&s;&s;ion of <HI>Array.</HI></P>
<P>Mr. <HI>Henry Coxon</HI> examined &s;aith, <HI>That Mr.</HI> Conningsby <HI>did read and put in execution the Commi&s;&s;ion of</HI> Array <HI>at St.</HI> Albons, <HI>that he bought</HI> 26 <HI>Mu&s;|kets,</HI> and what he did with them they de&s;ire to know.</P>
<P><HI>Henry Price</HI> &s;aith, <HI>That he knows that Mr.</HI> Conningsby <HI>did in the beginning of the&s;e troubles buy</HI> 26 <HI>Muskets in</HI> London, <HI>and brought them to his hou&s;e at</HI> Myms, <HI>and he hath &s;een them in his Kitchin, he knows not what u&s;e he made of them, nor to what end they were bought, he had Re&s;ts, Bandeleers, and Match to them.</HI></P>
<P>Ordered that Mr. <HI>Conningsby</HI> be brought to morrow by the Leiutenant of the Tower, and no &s;ei&s;ure to be made of the goods in Mr. <HI>Conningsbies</HI> hou&s;e, till further ordered.</P>
<P>9 <HI>May</HI> 1644. Mr. <HI>Conningsby</HI> appeared, being brought from the Tower; Mr. <HI>Coxon</HI> and Mr. <HI>Price</HI> their information appears no more but the pub|li&s;hing of the Proclamation of <HI>Jan.</HI> 7. 1642. was all the Charge again&s;t me. Mr. <HI>Iuory</HI> then Mayor of St. <HI>Albons</HI> being examined &s;aith, <HI>That Mr.</HI>
<PB N="5" REF="3">Conningsby <HI>then Sheriffe, came to St.</HI> Albons, <HI>and &s;ent for this Examinate being Mayor, and divers others of the Town, and de&s;ires their a&s;&s;i&s;tance in pub|li&s;hing the Proclamation now produced, and it was publi&s;hed by his Bailieffe, and Mr.</HI> Conningsby <HI>and many more were pre&s;ent, this Examinate being al&s;o pre&s;ent at the time the Proclamation was read, which was done openly in the Market.</HI></P>
<P>Mr. <HI>Conningsby</HI> &s;aith, <HI>That he had the Proclamation, and did &s;end for the Mayor to a&s;&s;i&s;t him, and the Bailiffe read it, and it was done by his command.</HI></P>
<P>Saith further, <HI>That he received the Writ, and he was Sheriffe and knew of no Ordinance, nor ever heard of any Order to prohibite Declaration or Proclamation.</HI></P></Q>
<P>Something was urged to me about a Letter to the Lord <HI>Cranborne,</HI> no|thing to purpo&s;e and point of Seque&s;tration.</P>
<P>Upon the whole bu&s;ine&s;&s;e: This Committee declare their opinion, that Mr. <HI>Conningsby</HI> is within the Ordinance of Seque&s;tration, and that his e&s;tate be &s;ecured till it be reported, and the Hou&s;e give further order, the falacy is (upon the whole bu&s;ine&s;&s;e) as proved in all, and yet without report and further order.</P>
<FLOATEXT LANG="eng" TYPE="Parliamentary order">
<P>20 <HI>May</HI> 1644. Ordered that Sir <HI>Will Brereton</HI> have power to compound for, and &s;ell the goods and other e&s;tate of Mr. <HI>Conningsby,</HI> &s;eized by order of this Committee, giving account for the &s;ame to this Committee.</P>
<CLOSER>Vera Copia ext. per <SIGNED><HI>Ste: Kirke,</HI> Clerk of the &s;aid Committee.</SIGNED></CLOSER>
</FLOATEXT>
<P>Likewi&s;e the Proclamation written at large in the Certificate.</P>
<P>Upon this Order of 20 <HI>May, Breretons</HI> Agents entered my Hou&s;e by force, and not by his Ordinance, for he did not acquaint the Committee of Lords and Commons, nor had not their Judgement of any Delin|quency rendring me liable to Seque&s;tration, and that day &amp; other days within doores, and without, took away all my goods and per&s;onall e|&s;tate, to the value of 1600 li.</P>
<P>So that be&s;ides the irregularity u&s;ed in taking away my goods for the manner of it again&s;t the Ordinances of Parliament will manife&s;tly appeare upon reading the Cau&s;es thereof, in the proceedings as afore|&s;aid.</P>
<P>And this is certified by the Country Committee, as the whole matter whereon they have pretended the &s;eque&s;tration of my reall e&s;tate, &s;o that I was not &s;eque&s;tered at all, but my e&s;tate irregularly and violently by them taken from me, for as they certifie their concurring in Judge|ment with the Committee of Examinations, that Committee nor the Hou&s;e it &s;elf had no power to &s;eize the e&s;tate or judge of the delinquency, but the Committee of Lords and Commons, both by <HI>Breretons</HI> Ordinance and the &s;everall Ordinance for &s;eque&s;terations, declaring the Cau&s;es of &s;eque&s;tration.</P>
<PB N="6" REF="4">
<P>The Hou&s;e of Commons gives power to that Committee only to en|quire into, &s;ecure, and report, which power that Committee did exceed; for by order of that Committee, <HI>Brereton</HI> did fir&s;t &s;eize and &s;ecure my e&s;tate before any enquiry, (and guided by un&s;concionable covetou&s;nes, was loath to let go his hold right or wrong) which was not till 9 <HI>May</HI> that I appeared, was brought thither a Pri&s;oner, &amp; examined as afore|&s;aid, and then without hearing Coun&s;ell, or other hearing then as afore|&s;aid; they voted me within Ordinance, my e&s;tate to be &s;ecured, till re|ported to the Hou&s;e, and further order of the Hou&s;e.</P>
<P>That Committee had no power to judge of the Delinquency by that order of reference, but they do not only exceed that order, but violate their owne order of 9 <HI>May,</HI> which was not to &s;eque&s;ter or di&s;po&s;e of my e&s;tate, but to &s;ecure it till reported to the Hou&s;e, and further order of the Hou&s;e; and yet by their order of 20 <HI>May,</HI> that Committee gives <HI>Bre|reton</HI> power to comp<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">nd for, and &s;ell my goods and other e&s;tate.</P>
<P>By colour of which, he &s;old and had away all my goods, which is ap|parent again&s;t his Ordinance, the order of the Hou&s;e of Commons, and the &s;etled order of the Committee if &s;elfe of 9 <HI>May,</HI> and &s;o it could be no &s;eque&s;tration for my goods by the Committee of Examinations.</P>
<P>And then the Committee of the Country for &s;eque&s;trations, having no other ground to warrant their pretence of &s;eque&s;tration of my real e&s;tate, then the directions of the &s;aid proceedings of the Committee of Examinations tran&s;acted unto them, as they in their Certificate expre&s;&s;e, the &s;eque&s;tration of my real e&s;tate as is pretended, can be no due &s;e|que&s;tration, otherwi&s;e then of the per&s;onall e&s;tate, having an unju&s;t ri&s;e and ground, (the &s;aid proceedings only of the Committee of Examina|tions) which is all the cau&s;e of &s;eque&s;tration certified.</P>
<P>Thus <HI>Brereton</HI> has compa&s;&s;ed his ends upon my per&s;onall e&s;tate, &s;ome|thing with favour give me leave concerning his In&s;truments that acted, they were all &s;trangers, except one <HI>Andrews</HI> that was newly come to be Vicar of the Pari&s;h, they were apprai&s;ers and buyers them&s;elves of all but the Cows and &s;ome Sheep that &s;tockt the Lady at <HI>Ca&s;hobury,</HI> whi|ther they were driven; their a&s;&s;i&s;tance were a pack of Women Inhabi|nants in <HI>Tu<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n-ball-&s;treet</HI> and <HI>Charter hou&s;e-lane,</HI> whither the purcher&s;ers brought divers Carts loads of our goods, and in there actings &s;o uncivill to my wife in that di&s;tre&s;&s;e that they took her by neck &amp; &s;houlders and turned her our from her Clo&s;et, and with reproachfull language, but for de&s;iring her Trunks might be opened and the goods valued, which they bought at a rate &s;et on the whole roome, and &s;he having an old
<PB N="7" REF="4">Coach which was &s;ome convenience for her &s;elf and children, with two of her own hor&s;es, &s;uch mean ones, as &s;he could provide after &s;everall plunders of her hor&s;es to keep her husbandrie a foot, and to draw her Coach &s;ometimes the&s;e Go&s;hips had among&s;t their bargains to bring them to <HI>London,</HI> the other Merchants and <HI>Breretons</HI> AGents, as they called them&s;elves, &s;o totally rifled my hou&s;e, that they did not &s;pare the Cubberds out of the walls &s;ettled with the building, but tore them out, and the B<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ns in my Buttery, and Beer-&s;talls in the Sellers, becau&s;e too unwildie to go out of doores, they beat to peeces, and made them u&s;ele&s;&s;e for any thing but the fire: The Beer in the Soller they turned off of the &s;tands, threatning to let it about the hou&s;e, to take away the barrels, and thus compelled her to buy at their rates to &s;ave the drink, and in all tho&s;e proceedings will not &s;uffer her to know the valuation of her goods thus rent from her, or to have Inventory of particulars which &s;he required of them.</P>
<P><LABEL>1 <HI>Aprilis</HI> 1643. Ordinance.</LABEL> After the&s;e come the Committees and Seque&s;trators of the Countrey to act their parts for my reall e&s;tate, and as before, not regarding to proceed upon cau&s;es in the Ordinance ex|pre&s;t of Seque&s;tration, whether my e&s;tate were lyable, or that their pro|ceedings may be ju&s;tifiable, having no right to act but by the direction of the Ordinance, and their doings in execution and performance of the Ordinances, and in&s;truction upon the Ordinance where doubt is, whe|ther comprehended within Ordinance to certifie the &s;ame to the Com|mittee of the Lords and Commons for farther directions. Thus in the 3d. In&s;truction, and reitterated in the 13. In&s;truction.</P>
<FLOATEXT LANG="eng" TYPE="ordinance">
<HEAD>19 <HI>Augu&s;t</HI> 1643. <HI>Ordinanee of Explanation.</HI></HEAD>
<P>Within compa&s;&s;e of Seque&s;tration, to &s;ue and mole&s;t for doing in performance of the Ordinance, the Committee and Seque&s;trators to de|liver an exact Inventory to the owner, &s;ub&s;cribed under all their hands, of all e&s;tate what&s;oever. To make due apprai&s;ement by two skilfull ap|prai&s;ers, men of quality, and known integrity.</P>
<P>The Committee of Lords and Commons to receive no Information again&s;t the Committee of the Countrey, till the matter certified under the hands of two or more of them&s;elves, or refu&s;e to certifie the &s;peciall matter, or Certificate cannot be had, Indempnity and protection for doing in pur&s;uance of this or the former Order for Seque&s;trations.</P>
</FLOATEXT>
<P>By colour of Seque&s;tration the&s;e Committees enter injuriou&s;ly on my reall e&s;tate and Rents at <HI>Northmyms,</HI> from the time of <HI>Breretons</HI> his agents taking away all my goods, <HI>May</HI> 1644. full five yeer and an half, mo&s;t
<PB N="8" REF="5">part of this time I continue in Goales, cannot, nor have not the means to act in my own bu&s;ine&s;&s;e, and to acquit my &s;elf from the&s;e heavie and long continued injuries; cannot get my wife to endeavour the means of my relief, but content with that poore pittance, a fifth part meanly performed to her; My &s;on notwith&s;tanding my often and earne&s;t de&s;ire to &s;eek to bring my Cau&s;e to a right under&s;tanding: An&s;wers, he dares not meddle in it for fear of hazarding to bring him&s;elf into troubles; and rather though again&s;t my minde, and de&s;iring him not to meddle with my e&s;tate, becomes Tenant to them, and &s;o becomes a countenance to the injuries and unju&s;t actings again&s;t me, my e&s;tate going thorow his hand into theirs, and for rea&s;on pretends regard to his own Intere&s;t to the Rever&s;ion, to pre&s;erve the e&s;tate from wa&s;te to be committed, and the rather becau&s;e of my &s;ickne&s;&s;e and infirmity, contracted by my long impri&s;onment, and the weakne&s;&s;e of a wa&s;ted body, ever &s;ince <HI>May</HI> 1645. and my &s;on, as is afore&s;aid, procuring liberty for me to go into the Countrey, and that I was at &s;o much freedome to con&s;ider my own hard condition, and the way I conceived be&s;t to &s;eek relief. I &s;ent often to the Committee to require an Inventory of my e&s;tate they had recei|ved according to the Ordinance, and likewi&s;e to demand Certificate of the &s;peciall matter of their &s;o pretended &s;eque&s;tration, to be directed to the Committee above, that &s;o I might u&s;e my be&s;t indeavour for re|medie, which they denyed me in both, and &s;o delayed my proceedings to keep my e&s;tate &s;till in their power: and my &s;on before my coming down having contracted with them for a yeer to hold the moitie of my e&s;tate at a Rent, for the other moitie was in extent upon a Recogni|zance of 1000 li. which I did enter into long &s;ince to one <HI>Silverlocke,</HI> and the Committee of Lords and Commons, as by their Order may ap|pear, Ordered that in ca&s;e the Committee did not &s;atisfie him his prin|cipall and Intere&s;t, to the di&s;charge of the full debt, to permit him to take his benefit of the Recognizance upon the Lands under Seque&s;tra|tion lyable thereto; whereupon Mr. <HI>Ja: Cambell</HI> and my &s;on who marri|ed Mr. <HI>Cambels</HI> &s;i&s;ter, in <HI>May</HI> 1646. paying <HI>Silverlock</HI> 860: li. and to pre|vent &s;ome inconvenience that might fall among us upon Agreements and Covenants upon my &s;ons marrying, being after the time of the Re|cognizance entred into by me, had the Recognizance and extent by <HI>Silverlock</HI> a&s;&s;igned to them. Of this more anon.</P>
<P>Out of my &s;ons agreement with them to hold the fir&s;t moitie at a rent, with &s;o much abated of the Rent as was computed a fifth part, his mo|ther and he agree upon &s;uch a quantitie of the &s;aid Land, to keep that
<PB N="9" REF="5">little &s;tock of Cows &s;he had, the be&s;t &s;ub&s;i&s;tance to her &s;elf and family: my &s;on in the mean time payes at <HI>Lady day</HI> half the Rent, and &s;ome other part after, and requires an abatement for Free quarter, amounting to as much or more then remained, and that not due till <HI>Michaelmas day;</HI> yet one <HI>Lattimer,</HI> and one <HI>Ireland,</HI> by Warrant from <HI>King</HI> and <HI>Robottome,</HI> come on the 22. of <HI>Septemb.</HI> and drive out of a pa&s;ture called Innings, being part of the Land agreed on betwixt my &s;on and his mother, &s;even milch Cows, and foure yeerling Bullocks, &s;ix of the &s;even being my wives own Cows, and 3. of the 4. and drive them to St. <HI>Albons.</HI></P>
<P>The &s;ame day I went to St. <HI>Albons,</HI> demanded the goods to be re&s;to|red; it is denyed by <HI>King:</HI> I took out a Repleve, which <HI>King</HI> would not have obeyed. Hereupon I meeting the Cattell in the high-way, did drive them back again: and by the provi&s;ion in the Ordinance, upon pretence of Rent, the Seque&s;trators remedie is but the &s;ame with a Landlord, again&s;t whom a Replieve by Law lyes.</P>
<P>Next day the 23. of <HI>Septemb.</HI> a Foot Company of Souldiers of the Ar|mie, <HI>King</HI> hiring them, are &s;ent without any Officer, but brought by <HI>Latemer</HI> and <HI>Ireland</HI> early in the morning, pretending the Lord Generals Warrant, with Muskets &s;hoot and break open the doores of my hou&s;e before any demand, or &s;hewing any Warrant, break open Chambers, rob them of money and other goods, enter my wives Chamber, affright her and her trembling daughters, (<HI>Ireland</HI> being Officer in chief for the hou&s;e &s;ervice) rob the Stables of Hor&s;es, Bridles and Saddles, and other goods; and without any re&s;i&s;tance yet lay violent hands on me, and with all di&s;gracefull u&s;age that malice could direct, carried me pri&s;o|ner to St. <HI>Albons.</HI></P>
<P><HI>Lattemer</HI> commanded in chief that partie, that out of the &s;ame Field they took them the day before, take the Cattell again, and drive them to St. <HI>Albons.</HI></P>
<P>My wife comes to St. <HI>Albons,</HI> acquaints the Committee of the wrong done her in her fifth part, could have no relief, but by procuring Bond to be given to one <HI>Hickman,</HI> that her &s;on &s;hould come to an account for the Rent pretended, which &s;he procures to be done: and &s;o the Cattell were delivered for this time.</P>
<P><HI>Saterday</HI> 14. of <HI>Octob.</HI> I repaired to the Committee, required as by the Ordinance a Certificate, and an Inventory; the Inventory is denyed by <HI>King,</HI> for he mannages the bagge, the Certificate by &s;ome of the Committee le&s;&s;e malicious, promi&s;e it ready again&s;t <HI>Wedne&s;day,</HI> I &s;ent for it, and did receive it the 18. of <HI>Octob.</HI> and upon the 20. I came to <HI>Lon|don,</HI>
<PB N="10" REF="6">endeavouring by Petition to the Committee of <HI>Lords</HI> and <HI>Commons,</HI> with Certificate annexed, to be relieved upon hearing my ju&s;t Com|plaint, could not have my Petition read, till <HI>Novemb.</HI> 1. and then refer|red to Mr. <HI>Brad&s;hoe</HI> to peru&s;e, examine, and report the &s;tate of the Ca&s;e to the Committee on <HI>Friday</HI> &s;even-night.</P>
<P><HI>King</HI> and <HI>Robottome,</HI> &s;o re&s;tle&s;&s;e is their malice, that though they knew I was upon pro&s;ecution of an Appeal upon the Certificate, on <HI>Friday</HI> 3. of <HI>Novemb.</HI> the &s;aid <HI>Lattemer</HI> and <HI>Ireland</HI> by <HI>King</HI> and <HI>Robottomes</HI> War|rant, out of the Orchard of my hou&s;e, took and drove away &s;ix milch Cows, three Yeerlings, two Geldings, two Mares, and one Colt, in truth our all we had, did drive them to St. <HI>Albons:</HI> My wife and &s;on repaired to them, ju&s;tifies his agreement with his mother for her fifth part tho&s;e Lands, offers if his account be not &s;atisfactory, to account, and pay all Rent agreed on with the Committee, de&s;ires that the Cattell may be re&s;tored to his mother, they deny it them; and cau&s;e <HI>Lattemer</HI> and <HI>Ireland</HI> next Market day to &s;ell them at <HI>Hemp&s;teed,</HI> the rea&s;onable value of the Cattell 80 li.</P>
<P>For this being my wives proper goods by the rule of Seque&s;tration it &s;elf, and not my own goods, but in that notion of allowance by Ordi|nance, and not acting as by the Ordinance, actions at Law, are pro&s;e|cuted in my name for the &s;ame, being likewi&s;e by them done &s;ince my Appeal depending, they Petition the Committee of Indempnitie, I am &s;ummoned to appear <HI>July</HI> 25. the matter not coming to hearing that day, I attended the 26. day; no call of the Cau&s;e that day, I attended the 27. day till after 4. in the afternoon, when it was given out the Com|mittee would not &s;it that day, and the Officers confirmed it, and I went away; and after there came a Committee and &s;a<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e, heard this and ano|ther cau&s;e of Complaint again&s;t my &s;on and Mr. <HI>Cambell</HI> by a Tenant of tho&s;e Lands, under the extent that will not pay his Rent, and is run in|to great Arrears, and for taking their legall cour&s;e.</P>
<P>And fir&s;t let me, I be&s;eech you, be unblamed to write, and &s;et down the greate&s;t grievance that ever was heard of in this Kingdom for ob|&s;tructing the Subjects liberty and the Laws, if this Committee hold on in their way, and &s;train the Ordinance &s;o far beyond a right intention, as they pre&s;ume to do.</P>
<P>And fir&s;t take the Ordinance it &s;elf to judge of, and let all men that have rea&s;on to judge, con&s;ider the lamentable condition that &s;ome men, and cau&s;es, fall into by judgement at the will and di&s;cretion of &s;uch a Judicature as they do proceed in tho&s;e highe&s;t points concerned in the
<PB N="11" REF="6">Laws, that <HI>meum &amp; tuum,</HI> mens birth-right, their propertie in Freehold: <HI>O tempora, O mores,</HI> whither, to what, are we upon this precepi&s;e, are we going headlong into wilfull &s;lavery?</P>
<FLOATEXT LANG="eng" TYPE="ordinance">
<OPENER><DATELINE><DATE><HI>Die Veneris,</HI> 21 of <HI>May,</HI> 1647.</DATE></DATELINE></OPENER>
<HEAD>For indempnifying all tho&s;e that have acted, or done any thing by Sea or Land by Authority of Parliament, this the Title.</HEAD>
<P>The Ordinance. The Lords and Commons taking notice that divers well affected per&s;ons have been &s;ued, indicted, pro&s;ecuted, or mole&s;ted, for &s;uch acts and things which they have acted and done by Authority of this pre&s;ent Parliament, or for the &s;ervice or benefit thereof, during the&s;e late Ware and troubles, do hereby Ordain, and declare, And be it by Authority of Parliament ordained and declared, that no per&s;on or per&s;ons what&s;oever, who have &s;ince the beginning of this pre&s;ent Parliament, acted or done, or commanded to be acted, or done any act or thing what&s;oever by Authority of this pre&s;ent Parliament, or for the &s;ervice or benefit thereof, by Sea or by Land, ought to be &s;ued, in|dicted, pro&s;ecuted or mole&s;ted for the &s;ame; and that every &s;uch per&s;on or per&s;ons what&s;oever, are, and &s;hall be hereby fully acquitted and di&s;|charged, of all Actions, Suits, Indictments, Informations, Pro&s;ecutions, Judgements, Executions, and Mole&s;tations what&s;oever concerning the &s;ame; and all Judges, Ju&s;tices, Sheriffs, Mayors, Bayliffs, Jurors, Offi|cers, Mini&s;ters of ju&s;tice what&s;oever, are hereby required to take notice thereof, and duly to ob&s;erve the &s;ame.</P>
<P>And for the ea&s;e of all &s;uch per&s;ons, who are or &s;hall be &s;ued, indicted, pro&s;ecuted, or mole&s;ted for any &s;uch act or thing as afore&s;aid, It is hereby declared and Ordained, That in every Action, Suit, Indictment, Information, or Pro&s;ecution, what&s;oever, wherein, or whereby they &s;hall be &s;o &s;ued, indicted, pro&s;ecuted, or mole&s;ted as is afore&s;aid, con|trary to this Ordinance, It &s;hall be lawfull to, and for all per&s;ons afore|&s;aid, their Heirs, Executors, Admini&s;trators, and A&s;&s;ignes, to plead the generall I&s;&s;ue that they are not guilty; or any other generall I&s;&s;ue, as the ca&s;e &s;hall require: and &s;hall and may give in evidence to the Jury that &s;hall try the &s;ame, that the matter in que&s;tion was an act or thing done, or commanded to be acted or done by Authority of this pre&s;ent Parliament, or for the &s;ervice or benefit thereof; which Evidence being proved, &s;hall be admitted and allowed by the re&s;pective Judges, Ju&s;tices, and Jury, before whom it &s;hall be tryed, as &s;ufficient to maintain the &s;aid generall I&s;&s;ue: And if the Verdict &s;hall pa&s;&s;e with the Defendant, or Defendants in any Action, Bill, Plaint, or Suit, as is afore&s;aid, or the
<PB N="12" REF="7">Plaintiffe, or Plaintiffs &s;hall be non-&s;uit therein, or &s;uffer any di&s;conti|nuance thereof, the re&s;pective Judges and Ju&s;tices &s;hall award to the Defendant, or Defendants treble Co&s;ts, for which the &s;aid Defendant, or Defendants &s;hall have the like remedy as in the like ca&s;es they ought to have by the Laws of this Land: And what any Judges, Ju&s;tices, or Sheriffes, Mayors, Bayliffs, Juror, Officers and Mini&s;ters of Ju&s;tice &s;hall do according to this Ordinance, or in pur&s;uance thereof, they &s;hall be ju&s;tified and &s;aved harmle&s;&s;e by Authority of Parliament, for and con|cerning the &s;ame.</P>
<P>And becau&s;e &s;uch per&s;ons who have acted, or commanded to be acted or done any &s;uch actor thing as is afore&s;aid, may be poore and not able to defend a Suit at Common-Law, or may find them&s;elves agrieved in the proceedings thereof, now for a further relief of &s;uch per&s;ons it is hereby Ordained and Declared by the authority afore&s;aid; That any &s;uch per&s;ons &s;o &s;ued, indicted, pro&s;ecuted, or mole&s;ted as is afore&s;aid, may at any time hereafter when and as often as they &s;hall be &s;ued, in|dicted, pro&s;ecuted, or mole&s;ted, for any &s;uch act or thing as is afore|&s;aid, either before or after a triall, make their complaint to.</P>
</FLOATEXT>
<P>Thus far the Ordinance as to the materiall parts, and lawdable as in the true intention to determin &s;uch things as in the exigence and heat of the late Wars have from the beginning of the Parliament, till (this Ordinance made in calmer times, in 1647) acted or done, to any mode&s;t mans judgement be otherwi&s;e under&s;tood, but onely for the time pa&s;t, and meerly to acts concerning the Wars and &s;ervice for the Parliament in matters of War, for as in other power by Ordinances.</P>
<P>As in Seque&s;trations my ca&s;e and &s;uch like, there are particular Ordi|nances to guid cau&s;es of that nature, and tho&s;e are by Committes im|powred to hear, and if upon a ju&s;t cau&s;e to clear the party pre&s;umed to have incurred a Seque&s;tration if there be cau&s;e, upon the rea&s;ons and cau&s;es in that Ordinance, for what &s;eque&s;trable or not &s;eque&s;trable; and if Committees or others by their authority and commands, &s;hall act things unwarrantable by the Ordinance, they are not to be protected, and the party injured is no le&s;&s;e a Son of the Common-wealth lineally de&s;cended from <HI>Magna Charta</HI> to all liberty and benefit of the Laws, and may mo&s;t properly &s;eek his remedy by appeale heretofore to the Com|mittee of Lords and Commons, and now renewed by act to the Ho|norable Barons of the Exchequer, to receive and determine upon all appeales, where my appeale now depends under publication; and all per&s;ons who &s;hall be employed and do in pur&s;uance of the Ordinance,
<PB N="13" REF="7">the Acts, and Services warranted to be done by authority of that Ordi|nance to be indempnified, and therefore tho&s;e Ordinances to the end the parties authorized that they may go &s;afe on in the true intention of the Ordinance, and not to be injurious to men that are not compre|hended in the intention and marks plainly &s;et down in the Ordinance, it is twice &s;et down in the third and thirteenth In&s;truction, intituled, <HI>In&s;tructions for the Committees for &s;eque&s;tration of Delinquents e&s;tates, that wher|in they conceive any doubt to be guided by the directions of the Committee of Lords and Commons for that &s;ervice:</HI> but for Committees to act without the rule and guide of that Ordinance, do di&s;-&s;ervice and di&s;-honour to the Par|liament, and pre&s;ume upon the power of Committee-men, to act their own wills and malice, pre&s;uming to be born out. And if actions are brought again&s;t Committee-men, it is <HI>tanta mount</HI> to an Appeale, and tho&s;e Committee-men have the advantage, and may complain to the proper Authority to hear and determine, and &s;end for parties to attend and make their defence, which is the &s;tile of that one-eared Committee of Indempnity, who are to indempnifie becau&s;e complained to, and have not another eare to judge upon rea&s;on, and indeed not power by their Ordinance to do otherwi&s;e, and though the Ordinance in its plain <HI>Engli&s;h</HI> intend not cau&s;es originall to this Committee, but to tryalls at Law, and upon pleading the generall i&s;&s;ue, and the Ordinance for evi|dence upon a ju&s;t and legall triall by 12. of the neighbourhood trials, will have a fair and right under&s;tanding, and at &s;econd hand be better fitted for Indempnitie if there be cau&s;e, (and the Ordinance cannot in|tend but as is &s;et down in cau&s;e of being poore) But that upon all Com|plaints, Orders to flie out into all Countreys, and in all Cau&s;es to fetch up men to a &s;lavi&s;h attendance, and meerly to bring gri&s;ts to the Clerks mill, who to all mens de&s;erning has too &s;aw&s;ie an influence on his Ma|&s;ters of that Committee, even to a bu&s;ie forwardne&s;&s;e, as taking him&s;elf the wi&s;e&s;t man in the company, I mentioned two cau&s;es before as they were not proper for that Judicature for the rea&s;ons afore&s;aid; and the parties were not poore, but better able to defend the Suits then my &s;elf. And I &s;ee a Warrant to take away the Hay of my ground, and <HI>Ireland</HI> to re&s;erve a third part of the moneys to bear the charges of the&s;e very Suits; and they have carried off my grounds 100 loads of Hay; And whiles I have been here to attend this bu&s;ine&s;&s;e (&s;o inraged they are in villanies) that they have carried a great quantitie of Timber off my grounds, prepared for repairs, and all pre&s;uming on the countenance
<PB N="14" REF="8">of that Committee, who by their Orders in the two Suits have awarded them 55 li. Co&s;ts; And one <HI>Allen</HI> a Gold&s;mith, a Member of that Com|mittee, a fierce &s;tickler, to incline the moderate of that Committee to retain the Cau&s;es, and make &s;uch unju&s;t Orders.</P>
<P>The rea&s;ons in chief for giving tho&s;e Co&s;t and &s;uperceding proceed|ings at Law, upon both &s;everall Suits at Law thus expre&s;t by the Com|mittee man <HI>Allen,</HI> we mu&s;t indempnifie our &s;ervants. There is likewi&s;e one Mr. <HI>Lemman</HI> a Member, I know not whether a Committee-man of this Committee, but the promoter of the&s;e mens complaints to the Committee, who in &s;ome degree knows (if they be not birds of a fea|ther) that it is a doubtfull mea&s;ure, or a mea&s;uring ca&s;t, whether <HI>King</HI> his ignorance or in&s;olence lyes neere&s;t the Jack; But no que&s;tion, if weigh'd in <HI>Allens</HI> Scales, his malice would hold weight to both. And I wonder what is <HI>Lemmons</HI> rea&s;on, being grown a man of fortune and e&s;tate, and might con&s;ider the be&s;t pre&s;ervative to give it continuance to his po&s;teritie, is the protection of the Laws, that in this ca&s;e again&s;t my no other but lawfull Application to be judged by the Laws, he &s;hould thus farre countenance &s;uch &s;heep biters, for men in the tru&s;t of &s;uch actings, and &s;o well able to ju&s;tifie them&s;elves again&s;t Suits at Law, and upon &s;o great advantage as they pre&s;ume the Ordinance is to them, to &s;eek &s;uperfuge, at the be&s;t provided for a remedie for the poore, renders them no better then in the nature of &s;heep biters, that hang tails between their legs upon fear of a di&s;covery; &s;uch &s;ervants be&s;t be|come <HI>Allens</HI> skill in his rea&s;on and hone&s;tie, to be a Judge in their cau&s;es. But the&s;e two put me in minde of an ob&s;ervation, that wi&s;e man Lord <HI>Egerton,</HI> Lord Chancellor of <HI>England</HI> had upon the Laws, and tryals by Juries, that the Laws were the ju&s;t balla&s;t of doing every man right, that tryals by Juries when and where mens con&s;ciences were bounded with fear to offend God, and not to be opened &s;o large as for friend&s;hip, or any other ends to be exerci&s;ed as a &s;erveturn.</P>
<P>But as tryals were mo&s;tlie in his time carried, was, that two knaves pack in to ten fools was &s;ufficient to de&s;troy any man that unhappily might meet with &s;uch a Jury either of life, Free-hold, or what&s;oever came under &s;uch tryall, and in &s;ome ca&s;es in all, I do verily beleeve, that both <HI>Allen</HI> and <HI>Lemmon,</HI> in their times and callings, have been Jury men, and have experienced &s;omething towards truth in this matter: I can|not yet &s;o ea&s;ily go off of this Committee of Indempnitie, where I have in obedience to their Orders &s;o &s;lavi&s;hly waited, and been bitten in my
<PB N="15" REF="8">&s;elf, and in my concern now foure &s;everall times by Orders; and it &s;hall be of the manner of proceeding to hear Cau&s;es, for the matter as <HI>Allen</HI> &s;aies, they mu&s;t indempnifie their &s;ervants who complain, and prove the matter complained on, and <HI>de facto</HI> prove it, for it is chiefly for being &s;ued at Law, this is record; and that it is &s;o, is cau&s;e that mu&s;t be in|dempnified, by the Ordinance, as they them&s;elves are Judges of it: &s;o here is &s;hort and &s;ure work for <HI>Allens</HI> skill in Laws, and rules in hone&s;ty.</P>
<P>The Committee &s;it at a Table, five is a &s;ufficient number: the Com|plaint and proofs are fir&s;t read by <HI>Kirk</HI> the Clerk, &s;ay what can be &s;aid in right or rea&s;on, but to give a &s;eeming of a full hearing you mu&s;t withdraw: A word never heard of in Courts intru&s;ted with the Judica|ture of Cau&s;es, till this Committee; The Committee are then turned into a Jury to con&s;ider co&s;ts and it may be you called in to hear your doom; but how&s;oever you &s;hall hear of it in their Order: this is all is to be expected. Whereas in Courts of upright judgement, the face of the Judge is alwayes open (without any withdraw) if in Arbitrary Courts the Judgement given in open Court, in hearing of both the parties on both &s;ides, and Coun&s;ell and Te&s;timony of all hearers of the whole proceedings. In tryals by Juries &s;ometimes as there is cau&s;e, &s;ome light to Juries in point of Law is openly given by the Judge or Judges; the Verdict received and entred to be a Record <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> them in open Court &s;itting. Now Mr. <HI>Allen,</HI> it would better become you to refine gold, the precious jewell of your profe&s;&s;ion, then to meddle with precious jewels &s;o far above your under&s;tanding (and more precious than gold) for you to be a Judge of the de&s;ei&s;ing men of their properties, the Inheri|tance de&s;cended to me from my great Grandfather, and to him by his Mother the Heir in &s;ucce&s;&s;ions to Ance&s;tors for 400 yeers. But this is gold in a Swines &s;nout, and &s;o I leave you.</P>
<CLOSER><SIGNED>Thomas Conningsby.</SIGNED></CLOSER>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
