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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B20625 The many sufferings of an undone gentleman and his family here truly remonstrated to publick commiseration. Conningsby, Thomas, 1591-1654. 1648 (1648) Wing C5878A 13,421 16

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for all persons aforesaid their Heirs Executors Administrators and Assignes to plead the generall Issue that they are not guilty or any other generall Issue as the case shall require and shall and may give in evidence to the Jury that shall try the same that the matter in question was an act or thing done or commanded to be acted or done by Authority of this present Parliament or for the service or benefit thereof which Evidence being proved shall be admitted and allowed by the respective Judges Justices and Jury before whom it shall be tryed as sufficient to maintain the said generall Issue And if the Verdict shall passe with the Defendant or Defendants in any Action Bill Plaint or Suit as is aforesaid or the Plaintiffe or Plaintiffs shall be non-suit therein or suffer any discontinuance thereof the respective Judges and Justices shall award to the Defendant or Defendants treble Costs for which the said Defendant or Defendants shall have the like remedy as in the like cases they ought to have by the Laws of this Land And what any Judges Justices or Sheriffes Mayors Bayliffs Juror Officers and Ministers of Justice shall do according to this Ordinance or in pursuance thereof they shall be justified and saved harmlesse by Authority of Parliament for and concerning the same And because such persons who have acted or commanded to be acted or done any such actor thing as is aforesaid may be poore and not able to defend a Suit at Common-Law or may find themselves agrieved in the proceedings thereof now for a further relief of such persons it is hereby Ordained and Declared by the authority aforesaid That any such persons so sued indicted prosecuted or molested as is aforesaid may at any time hereafter when and as often as they shall be sued indicted prosecuted or molested for any such act or thing as is aforesaid either before or after a triall make their complaint to Thus far the Ordinance as to the materiall parts and lawdable as in the true intention to determin such 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 modest mans judgement be otherwise understood but onely for the time past and meerly to acts concerning the Wars and service for the Parliament in matters of War for as in other power by Ordinances As in Sequestrations my case and such like there are particular Ordinances to guid causes of that nature and those are by Committes impowred to hear and if upon a just cause to clear the party presumed to have incurred a Sequestration if there be cause upon the reasons and causes in that Ordinance for what sequestrable or not sequestrable and if Committees or others by their authority and commands shall act things unwarrantable by the Ordinance they are not to be protected and the party injured is no lesse a Son of the Common-wealth lineally descended from Magna Charta to all liberty and benefit of the Laws and may most properly seek his remedy by appeale heretofore to the Committee of Lords and Commons and now renewed by act to the Honorable Barons of the Exchequer to receive and determine upon all appeales where my appeale now depends under publication and all persons who shall be employed and do in pursuance of the Ordinance the Acts and Services warranted to be done by authority of that Ordinance to be indempnified and therefore those Ordinances to the end the parties authorized that they may go safe on in the true intention of the Ordinance and not to be injurious to men that are not comprehended in the intention and marks plainly set down in the Ordinance it is twice set down in the third and thirteenth Instruction intituled Instructions for the Committees for sequestration of Delinquents estates that wherin they conceive any doubt to be guided by the directions of the Committee of Lords and Commons for that service but for Committees to act without the rule and guide of that Ordinance do dis-service and dis-honour to the Parliament and presume upon the power of Committee-men to act their own wills and malice presuming to be born out And if actions are brought against Committee-men it is tanta mount to an Appeale and those Committee-men have the advantage and may complain to the proper Authority to hear and determine and send for parties to attend and make their defence which is the stile of that one-eared Committee of Indempnity who are to indempnifie because complained to and have not another eare to judge upon reason and indeed not power by their Ordinance to do otherwise and though the Ordinance in its plain English intend not causes originall to this Committee but to tryalls at Law and upon pleading the generall issue and the Ordinance for evidence upon a just and legall triall by 12. of the neighbourhood trials will have a fair and right understanding and at second hand be better fitted for Indempnitie if there be cause and the Ordinance cannot intend but as is set down in cause of being poore But that upon all Complaints Orders to flie out into all Countreys and in all Causes to fetch up men to a slavish attendance and meerly to bring grists to the Clerks mill who to all mens deserning has too sawsie an influence on his Masters of that Committee even to a busie forwardnesse as taking himself the wisest man in the company I mentioned two causes before as they were not proper for that Judicature for the reasons aforesaid and the parties were not poore but better able to defend the Suits then my self And I see a Warrant to take away the Hay of my ground and Ireland to reserve a third part of the moneys to bear the charges of these very Suits and they have carried off my grounds 100 loads of Hay And whiles I have been here to attend this businesse so inraged they are in villanies that they have carried a great quantitie of Timber off my grounds prepared for repairs and all presuming on the countenance of that Committee who by their Orders in the two Suits have awarded them 55 li. Costs And one Allen a Goldsmith a Member of that Committee a fierce stickler to incline the moderate of that Committee to retain the Causes and make such unjust Orders The reasons in chief for giving those Cost and superceding proceedings at Law upon both severall Suits at Law thus exprest by the Committee man Allen we must indempnifie our servants There is likewise one Mr. Lemman a Member I know not whether a Committee-man of this Committee but the promoter of these mens complaints to the Committee who in some degree knows if they be not birds of a feather that it is a doubtfull measure or a measuring cast whether King his ignorance or insolence lyes neerest the Jack But no question if weigh'd in Allens Scales his malice would hold weight to both And I
payes at Lady day half the Rent and some other part after and requires an abatement for Free quarter amounting to as much or more then remained and that not due till Michaelmas day yet one Lattimer and one Ireland by Warrant from King and Robottome come on the 22. of Septemb. and drive out of a pasture called Innings being part of the Land agreed on betwixt my son and his mother seven milch Cows and foure yeerling Bullocks six of the seven being my wives own Cows and 3. of the 4. and drive them to St. Albons The same day I went to St. Albons demanded the goods to be restored it is denyed by King I took out a Repleve which King would not have obeyed Hereupon I meeting the Cattell in the high-way did drive them back again and by the provision in the Ordinance upon pretence of Rent the Sequestrators remedie is but the same with a Landlord against whom a Replieve by Law lyes Next day the 23. of Septemb. a Foot Company of Souldiers of the Armie King hiring them are sent without any Officer but brought by Latemer and Ireland early in the morning pretending the Lord Generals Warrant with Muskets shoot and break open the doores of my house before any demand or shewing any Warrant break open Chambers rob them of money and other goods enter my wives Chamber affright her and her trembling daughters Ireland being Officer in chief for the house service rob the Stables of Horses Bridles and Saddles and other goods and without any resistance yet lay violent hands on me and with all disgracefull usage that malice could direct carried me prisoner to St. Albons Lattemer commanded in chief that partie that out of the same Field they took them the day before take the Cattell again and drive them to St. Albons My wife comes to St. Albons 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 Hickman that her son should come to an account for the Rent pretended which she procures to be done and so the Cattell were delivered for this time Saterday 14. of Octob. I repaired to the Committee required as by the Ordinance a Certificate and an Inventory the Inventory is denyed by King for he mannages the bagge the Certificate by some of the Committee lesse malicious promise it ready against Wednesday I sent for it and did receive it the 18. of Octob. and upon the 20. I came to London endeavouring by Petition to the Committee of Lords and Commons with Certificate annexed to be relieved upon hearing my just Complaint could not have my Petition read till Novemb. 1. and then referred to Mr. Bradshoe to peruse examine and report the state of the Case to the Committee on Friday seven-night King and Robottome so restlesse is their malice that though they knew I was upon prosecution of an Appeal upon the Certificate on Friday 3. of Novemb. the said Lattemer and Ireland by King and Robottomes Warrant out of the Orchard of my house took and drove away six milch Cows three Yeerlings two Geldings two Mares and one Colt in truth our all we had did drive them to St. Albons My wife and son repaired to them justifies his agreement with his mother for her fifth part those Lands offers if his account be not satisfactory to account and pay all Rent agreed on with the Committee desires that the Cattell may be restored to his mother they deny it them and cause Lattemer and Ireland next Market day to sell them at Hempsteed the reasonable value of the Cattell 80 li. For this being my wives proper goods by the rule of Sequestration it self and not my own goods but in that notion of allowance by Ordinance and not acting as by the Ordinance actions at Law are prosecuted in my name for the same being likewise by them done since my Appeal depending they Petition the Committee of Indempnitie I am summoned to appear July 25. the matter not coming to hearing that day I attended the 26. day no call of the Cause that day I attended the 27. day till after 4. in the afternoon when it was given out the Committee would not sit that day and the Officers confirmed it and I went away and after there came a Committee and sa●e heard this and another cause of Complaint against my son and Mr. Cambell by a Tenant of those Lands under the extent that will not pay his Rent and is run into great Arrears and for taking their legall course And first let me I beseech you be unblamed to write and set down the greatest grievance that ever was heard of in this Kingdom for obstructing the Subjects liberty and the Laws if this Committee hold on in their way and strain the Ordinance so far beyond a right intention as they presume to do And first take the Ordinance it self to judge of and let all men that have reason to judge consider the lamentable condition that some men and causes fall into by judgement at the will and discretion of such a Judicature as they do proceed in those highest points concerned in the Laws that meum tuum mens birth-right their propertie in Freehold O tempora O mores whither to what are we upon this precepise are we going headlong into wilfull slavery Die Veneris 21 of May 1647. For indempnifying all those that have acted or done any thing by Sea or Land by Authority of Parliament this the Title The Ordinance The Lords and Commons taking notice that divers well affected persons have been sued indicted prosecuted or molested for such acts and things which they have acted and done by Authority of this present Parliament or for the service or benefit thereof during these late Ware and troubles do hereby Ordain and declare And be it by Authority of Parliament ordained and declared that no person or persons whatsoever who have since the beginning of this present Parliament acted or done or commanded to be acted or done any act or thing whatsoever by Authority of this present Parliament or for the service or benefit thereof by Sea or by Land ought to be sued indicted prosecuted or molested for the same and that every such person or persons whatsoever are and shall be hereby fully acquitted and discharged of all Actions Suits Indictments Informations Prosecutions Judgements Executions and Molestations whatsoever concerning the same and all Judges Justices Sheriffs Mayors Bayliffs Jurors Officers Ministers of justice whatsoever are hereby required to take notice thereof and duly to observe the same And for the ease of all such persons who are or shall be sued indicted prosecuted or molested for any such act or thing as aforesaid It is hereby declared and Ordained That in every Action Suit Indictment Information or Prosecution whatsoever wherein or whereby they shall be so sued indicted prosecuted or molested as is aforesaid contrary to this Ordinance It shall be lawfull to and