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A87750 A discovery of the arbitrary, tyrannicall, and illegall actions of some of the committee of the county of Lincoln, occasioned by a charge given to the grand jury at the Quarter Sessions of the peace held at Folkingham in the county aforesaid, upon the 5 of Octob. 1646. / By Edvvard King, of Marton in the county aforesaid Esquire, Justice of the Peace for that part of the county: wherein is set forth the exorbitancy of the said committee men, who transgressed the laws, changed the ordinances, and broak the solemn vow, League and covenant; with severall warrants under their hands for the cleer and evident proof of the same. King, Edward, of Marton, Lincolnshire. 1647 (1647) Wing K492; Thomason E373_3; ESTC R201324 20,581 34

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professeth himself of counsell with the said Richard White and pleads against the Petitioner and his own Warrant and procured a reference to Mr. Mussendine and Mr. Woolley two of the Committee and not long after Mr. Archer being in the Chair dismist the cause To Henry Winge Gregory Wraw Thomas Palmer and Thomas Kyme Assessors and Collectors of the third four Moneths assesment charged on the towns of Temberland and Martyn and every of them 7. VVHereas upon hearing of severall the Inhabitants of both your said Towns on the 15 of May last past Ham. Whichcott Tho. Cornwallis Cha. Hall It was ordered that to prevent all further differences that might arise between the said Towns touching the unequall assessing of them That the Town of Timberland with the tithes thereof and the Town of Martyn with the tithes thereto belonging should be equally assessed untill cause should be shewed to the contrary Now there being no cause offered to the contrary We do charge you to divide the sum of 29 l. 5 s. equally upon the severall Towns that is to say the sum of 14 l. 12 s. 6 d. upon each Town of which you are to give account according to our former Warrant and observe such directions in leavying the same as therein is directed Fail not at your perils Given at Lincolne this 8. day of June 1645. And this defendant doth further declare that Mr. Archer Mr. Lister and some others of the said Committee have imprisoned beaten and evilly intreated their fellow subjects disinheriting them of their lands spoyling them in their goods and restraining them of their liberties contrary to the great Charter the law of the land and the Ordinances of Parliament as by these particulars following may appear Thomas Lister Esquire having lands in Rowston where this defendants tenant Thomas Cooke liveth who was an Assessor refused to pay his taxes whereupon the said Cooke complained to Mr. Archer and some of the Committee then at Grantham and delivered to them a Letter from the said Mr. Lister in these words Gentlemen THat my grounds in Rowston might not lie unserviceable to the Common-wealth I have given order for the disposing of them undertaking to discharge whatsoever shall be layd upon them by taxes for the Parliament I therefore desire that you will take my ingagement for them and that no other may be questioned for them which shall be faithfully performed by Your humble servant Tho. Lister Lincoln April 19. 1645. But this letter notwithstanding Mr Archer and some other of the Committee imprisoned this Defendants Tennant at Grantham for five weeks for not paying the said Master Listers taxes which was maliciously done to force this Defendents Tenant from his habitation and he was so unjustly terrified by some of the Committee that this Defendent was constrained to take 25 l. rent per annum of him that he might abide in his house though formerly the Defendent leased the same to him for 58. l. per an and upwards and the said agreement yet in force 1. Master Archer and Mr Hall two Committee men sent a Warrant to Thomas Gill to appear at Lincoln and Answer such things as Bridget Martindale should object upon his appearance Master Archer asked him by what Title he held the Land c. Gill replyed he held it for his Wifes child being heir at the Common Law Master Archer said here is a Joynture in writing unlesse you can disprove it she shall have the Land to which Gill replyed he could prove it was not sealed or delivered in her husbands life time Archer replyed if you bring twenty witnesses he not hear them against the deed whereupon Gill desired he might have a tryall at Law Archer answered unless you le yeeld the possession you shall not and none shall have the hearing of it but our selves Gill told Mr Archer that his predecessor was troubled in the Sessions at Sleaford formerly about it and that the Bench had referred it to a tryall at the Common-Law to which Archer replyed They may do what they will But we will do what we list and when Gill refused to yeeld up the possession according to an Order of the Committee he was sent for by Warrant to Lincoln where Mr Archer committed him to prison where he lay fifteen weeks fell very sick was at 13. s. 4. d. charge by the week his wife frighted with souldiers fell sick likewise and they lost the greatest part of their crop by this unjust usage 2. The Assessors and Collectors in Kestiven for the three moneths tax ended Jan. 1643. were after the expiration of the said Ordinance in the year 1644. by beatings imprisonments and distresses compelled by Mr Archer and some of the Committee to pay the same to their treasurer to the dishonour of the truely honourable the Earl of Manchester who had by speciall directions formerly freed that part of the County from those payments in regard Colonel Crumwell had been quartered amongst them 3. October 1644. A gentleman being in the Committee chamber at Lincoln was present when two Collectors of a Town which was within six miles of the Enemies garrison of Newark having Collected the greatest part of their money and intreated much that they might have time from Wednesday morning untill Fryday either to Collect or borrow the remainder could not obtain it but to prison with them take them provost Marshall who violently haled them with some five or six others to prison for the same cause The Gentleman knowing the first two past his word for them to see the money paid at the day at which some of the Committee were very angry with him for breaking the Order of that board the other Collectors went to prison 4. Mark Barnes servant to the Lady Carr being at Grantham the 12 of Novemb. 1644. was sent for before some of the Committee there and 9. l. demanded of him for taxes due for Sir Robert Carrs Land in old Sleaford the said Mark told Mr Archer that Colonel Rossiters horses eate the grounds that his Masters Wood was felled by the Parliaments Forces and the house burnt upon their leaving it but Mr Archer not having patience to hear him speak committed him to the Goal where he lay untill he borrowed 9. l. and paid it 5. May 1645. Some of the Deputy Lieutenants of Lincolnshire by virtue of the Ordinance of the 3 of July 1644. for putting the Associated Counties of Lincoln Suffolk c. into a posture of defence for the preservation and safety of the Counties summoned the Inhabitants of the hundred of Elloe together where the major part of them did propound and nominate Edward King Esquire for their Colonell according to the Ordinance and delivered a writing to Thomas Lister and some other of the Deputy-Lievtenants then present to declare as much at which M. Lister was offended and said if he could do any thing in the County Colonell King should have no command there and at such time as the Persons
done say if you have told our Davids the Worthies of Parliament who are ignorant of it or if you have sought a legall remedy against them This day you have taken an Oath to present all things given you in charge and that without respect of Persons the Law certainely wil conquer the greater as well as the lesser offenders Justice is painted blind that she may not distinguish of persons the sword is put into the Rulers hand to execute wrath upon him that does evill and our God is a righteous Judge I may say with David the Lord never failes nor forsakes those that put their trust in him why then should that curse which God denounced against Meroz fall upon our heads I know you neither will nor desire to sell your selves your wives your sonns and your daughters into the hands of oppressors it is for those onely who love such Masters and will not go out free to go to the door-post and to let their Masters boare their ears thorough with an aul and to serve them for ever for my part being now called to this place of Justice and unexpectedly put upon this service to give the Charge I 'le never pay tithe of mint and annise and cumin and when I have done contrary to my oath and duty omit the weightier matters of the Law Judgement mercy and faith if I perish I perish I will not hold my peace whilst the Hamans of the times are working our distruction what if few or none that opposeth their arbitrary and illegall practises and complieth not with them in their crooked waies escapeth unsequestred or ruined shall I therefore feare and fly I 'le not dissemble and deal falsly with God the Parliament and you to save my life my estate c. neither will I be terrified by menaces or the injustice of malefactors I know what became of Haman who had a wicked plot to destroy the Jewes and offered ten thousand talents of silver and pretended that the people kept not the Kings Lawes our case is almost the same was not this Countrey reported by some to the Parliament to be generally Malignants and are not many who are well-affected dealt with as Malignants Nay have not some Malignants more favour then many of us It was you the Commons of this Countrey under God that upheld this Parliaments Authority here and it is for your good that they sit in Councell feare not then to maintaine your Laws and Liberties we have a just God and an honorable Parliament in whose eyes there will be no respect of Persons According to my duty I shall this day put you in minde of two things your duty towards God and your duty towards your Neighbour If you have regard to the first present all Papists Anabaptists Brownists Separatist Antinomians and Hereticks who take upon them boldness to creep into houses and lead captive silly women laden with sinnes Prophaners of the Sabboth Swearers Drunkards Fornicators Idolators Adulterers abusers of themselves with mankinde or with beast If you regard the second and desire that common right be done to all as well poor as rich without respect of Persons present such as speake irreverently of the Person of the King our undoubted Soveraigne and if any man goe about to compasse or imagine his death it 's Treason to counterfeit the great Seale the Privie Seale or money current in this Realme is Treason to kill or murther the Chancellour Treasurer Justices of the one Bench or other Justices in Eyre of Assize Oyer and Terminer in their places doing their offices is treason to levy warre against the King is treason which is to be understood against his authority in the maintenance of Lawes and Religion not his illegall will and that Malignant party who now adhere unto him to adhere unto the Kings Enemies within the Realme or without and declaring the same by some open act is treason which you ought to present All manner of Felonies you ought to present such is Sodomy Sorcery Rape Burglary Robbery Murder Manslaughter and stealth offences with force you are to present as Maimes Batteries false imprisonment assaults and menaces False imprisonment is when one is committed against Law without lawfull power Mittimus commandment Order or Warrant Offences without force you ought to present such are nusances deceipts c. Offences against the Statutes you are to present as Ale-houses unlicensed or disorderly ale-houses not observing their licence Ryots Routs and unlawfull assemblies you ought to present such as have a plague sore and wilfully and contemptuously go abroad and converse in company contrary to commandment you ought to present Bribery and Extortion you ought to present Bribery is when any person for doing his office or by colour of his office takes any fee gift reward or brocage being workers of iniquity without knowledge eating up the people as they eat bread Extortion is unlawfull exacting of any fee or reward an offence the officers of some Committees are highly guilty of if the common voice be not a lyer my Lord Cook tells us that the Collectors of fifteens were committed to prison for that they took of every Town one shilling six pence for in acquittance your selves best know what you have payd and in what manner it hath been exacted from you I have heard strange stories both of Excise-men Committee-men their Clarks and Sequestrators in this nature if they be true I should be glad to see them presented you are likewise to present perjury which is a willfull and corrupt forswearing of a mans selfe And it is twosold assert ut de praeterito sicut testes c. seu permissorium de futuro sicut Judices Justiciarii Officiarii c. if an Officer commit Extortion he is perjured because it is against his generall oath but if a Sheriffe receive a Writ unsealed as some have done this is perjury being against his expresse oath if any person indite such offences and the Jury wilfully refuse to find them the sinne is theirs and the party that indited or informed shall receive no dammage whatever some ignoramusses have out of malice divulged to the contrary You now know what are offences and I presume some of you that are of this Jury remember the offendors Imprisonments and unkind blowes are not easily forgotten Let it not then be said that you incourage wicked men let not those whose houses are full of deceit who are become great and waxen rich thorough bribery and oppression refusing to judge the cause of the fatherlesse and the right of the needy escape your presentments If false teachers be among you who privily bring in damnable heresies and your governours have exacted corn hay and money from you shall it be said in a time of Reformation that my people delight to have it so No remember your Covenant and the Oath you have now taken provoke not the Lord to anger by sparing or concealing any malefactor but be bold and of a good