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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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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
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 ISAIAH 3. 14 15. The Lord will enter into Judgement with the Ancients of his people and the Princes thereof for ye have eaten up the Vineyard the spoil of the poor is in your houses What mean ye that ye beat my people to peeces and grind the faces of the poor saith the Lord God of Hosts London Printed 1647. To the Honourable the House of COMMONS the humble Petition of EDVVARD KING of Grays Inn in the County of Middlesex Esquire Sheweth THat having according to his Oath and Duty being a Justice of the Peace given a charge to the Jury at Folkingham Sessions in the County of Lincoln the Sectaries and some of the Committees of that County have unjustly and unduly prosecuted your Petitioner for the same pretending that the Excise was obstructed Whereupon Master Corbet a Member of this Honourable House sent a Warrant for Your Petitioner to attend the Committee of Lords and Commons for regulating the Excise where Your Petitioner was examined upon intergatories without the knowledge or Order of this Honourable House and grievously vexed and troubled by the indicted Delinquents being Ordered by that very Committee to prove and make good by testimony the indictment taken before him and other Justices of the Peace at the quarter Sessions and found by the Grand Jury upon Oath a ready way as he humbly conceives to subvert all Legall proceedings of Iustice and discourage all Iustices of the peace for doing their duty Your petitioner having done nothing but his Duty giving in charge to the Iury that Your Ordinances ought to be obeyed and that such as by colour of them oppressed and poled the people to Your dishonour as the Excise men had done ought to be presented That not long after Mr Scawen a Member of Your Honourable House upon the false and malicious complaint of some of the Committee of Lincolnshire who indeavoured to bring a double evil upon him at once without the hearing of Your petitioners just defence or any notice thereof given unto him presented a Letter to Your Honourable House and two papers signed under Your petitioners hand representing great obstructions in the Assessments for Sir Thomas Fairfax his Army occasioned by Your petitioner together with false and unperfect notes stiled the notes of a charge delivered by Col. Edward King at the last quarter Sessions since which time according to Order of Your House dated the fourth of December Your petitioner hath tendred his humble Answer hereunto annexed for his just defence the which the Committee of the Army to whom it was referred to examine the whole business have rejected and examine such persons who prosecute the complaint against Your petioner as witnesses against him the which as Your petitioner humbly conceives is against the fundamentall Laws of this Kingdome and distructive to the liberty of the Subject all which he refers to the Iustice wisdome and piety of this honourable house And prayeth that he may be protected by authority of Parliament according to the Law and that his accusers may receive condigne punishment for their Offences and likewise that Your Petitioner may bee dismist from further attendance with honourable satisfaction and reparations against his false accusers who have wrongfully and maliciously prosecuted complaints against him almost this three years last past before severall Committees against whose faithfulness they have not been neither are they able to prove any thing materiall And Your Petitioner c. To the honourable the Committee of LORDS and COMMONS for Regulating the Army The humble Answer of EDWARD KINGE of Grays Inn in the County of Middlesex Esquire to the false scandalous and malicious information of William Bury Norrice Cave Thomas Lister John Archer and William Savill Committee-men for the County of Lincolne occasioned by a charge given to the Iury at the quarter Sessions of the peace held at Folkingham in the parts of Kestiven in the County of Lincolne upon the fifth of October 1646. By the said EDWARD KINGE THis Defendant saith That he hath been always active diligent and forward to put in execution all the Ordinances and Orders of Parliament and to possesse the Subjects of this Realm with a right understanding of the Declarations Protestations Oaths and Covenants set forth by both Houses of Parliament and of their loyalty and fidelity to his Majesty and their justice zeal to maintain the Rights Liberties of the Subject against al Arbitrary proceedings unjust oppressions by any instruments whatsoever And hath ever been much agrieved and doth think it strange that after so many Declarations and solemn Protestations made to God and the people by both Houses of Parliament of their said resolutions That some of the Committee for Lincolnshire should hope to receive incouragement to issue out the Warrants hereafter expressed so contrary to the Laws of the Land the Ordinances Orders Declarations and Votes of Parliament and so full of danger and inconveniences to all the Subjects of that County which if admitted will be a heavier yoke of bondage upon the people then that of Ship mony the high Commission or any other illegall charge which hath been taken away this Parliament as intollerable grievances And for that it is pretended that the said Warrants and arbitrary proceedings of the Committee are warranted by the Ordinances of Parliament by which they act This defendant saith that for the clear manifestation of the untruth thereof he humbly prays the Judgement of this honourable Committee the said Warrants being in these words Many of them concerning personall differences between party and party the which by severall Votes of the House of Commons they are prohibited to intermedle with To Thomas Boxolme of Fulletby 1. WHereas Iohn Gell of Houghton in the Moore was ordered by us to pay unto you a debt upon a Bond of twelve pounds which he paid accordingly and you refuse to deliver unto him the said Bond which is in your custody This is therefore to will and require you upon notice hereof to deliver unto the said John Gell the said Bill or Bond Ma. Whichcott Iohn Barnard Tho. Nethercotts or otherwise to appear before us upon December 6. next to shew cause to the contrary And hereof fail you not in any wise Given at Lincolne November the 16. 1644. To the Mayor Bayliffs Constables and the Inhabitants of
Great-Grimesby 2. BY vertue of an Order to me given by the Right Honourable the Lord Willoughby Lord Lieutenant for this County of Lincolne These are to charge and command you and every of you that immediately you do bring into Arbye one fat Ox or two Bease price 6 l. 6 s. 8 d. ten fat Sheep threescore pound of Cheese thirty pound of Butter two dozen of Chickens twelve hens for provision of the Army for the King and Parliament and likewise twenty dozen of Bread and four barrels of Bear hereof fail you not upon pain of present plundering Dated 20. September 1649. Nehemiah Rawson Scout-Master-Generall You are likewise to bring in this day one chaldron of Oats and a quarter of Beans 3. Ham. whichcot John Archer Cha. Hall Alex. Emerson FOrasmuch as it appears unto us upon hearing and examination of the differences between Bridget Martindale Widdow and Thomas Gill concerning certain Lands in Morton That the said Bridget was and is lawfully seized for term of her life of certain Houses and Lands in Marton by deed of Joynture made before her intermarriage with Robert Ives late of Marton her former Husband And of all other the Lands of the said Robert in Marton aforesaid by his Will who dyed about twelve yeers since And that the said Bridget hath peaceably and quietly enjoyed the same till within these two yeers Thomas Ives son of the said Robert taking advantage of these troublesome and distracted times violently entred into the possession thereof and outed the said Bridget the said Thomas dying soon after Thomas Gill married his widdow and relict and so without any colour of title doth still keep the possession thereof contrary to the peace of the County The peace whereof we are enabled to keep by vertue of an Ordinance of Parliament in that behalf made These are therefore to require and command the said Thomas Gill and his Wife to avoid the possession of the premises by munday next and to suffer the said Bridget quietly to enjoy the same as before these troublesome times she did untill by due course of law the title may be further tried and she evicted Fail you not herein at your perils Given at Lincoln this 11. day of July 1644. To the Constables of Kirksteade and either of them 4. Tho. Trollope Tho. Lister Vill. Savill Iohn Archer Cha. Hall Edward Northrope THese are to require you and either of you to bring before us at Lincoln on Tuesday next the body of Iohn Williamson of your Parish and with him one black-brown Nag in his possession the proper goods of Robert Goldinge of Dunston to the end that justice may be then done by restoring the said Horse to such person as upon proofe we shall see him justly to belong therein you may not fail Given at Lincolne this 18 day of March 1645. To the Constables and all other the Inhabitants of Great-Steepeinge 5. Richard Earle Jo. Brownlow Jo. Archer Sam. Leigh WHereas by Order of the 30 of July last we setled the possession of a House and forty Acres of land in great-Steepeinge which Henry Neave Clerk whose ancestors and himself had continued the possession thereof above thirty yeers untill by force Richard Forman and Philip Danks entred the possession thereof since these troublesome times and held the same notwithstanding our Orders untill upon further Warrant they were brought before us for their contempt and one of them ingaged himself to deliver up the possession thereof but the other hath absented himself and put others into the possession of the premises who riotously have entred thereinto and by maintenance hold the same These are therefore to require and charge you and every of you that you bring or send in safe custody unto us at Lincolne on wednesday next the bodies of Nicholas Rawson and his Wife and all other persons who do withhold the possession of the premises or any part thereof from the said Master Neave there to be proceeded against for the contempt of our Orders herein you may not fail at your utmost perils Given at Lincolne this 30 day of August 1644. To Mr Broxholme of Fulletby and John Marshall of Reasby 6. WHereas William Hodgeson of Ashby prerorum is assessed severall sums of mony towards the weekly assessements which he is willing to pay but is disabled for that his just debts are by you withheld from him which debts by Ordinance of Parliament we are inabled to leavy Ham. Whichcott Franc. Fines These are therefore to require and command you and either of you that you forthwith pay and satisfie the said William Hodgeson all such monys as are by you or either of you to him due and owing or shew cause to the contrary before us at Lincolne on thursday next the 27 of June instant if you fail herein you will fall into contempt of the High Court of Parliament and be proceeded against accordingly Given at Lincolne the 21 day of June 1644. To the honourable Committee at Lincolne The humble Petition of Henry Pepper SHewing That whereas the Petitioner having put into the hands of one Richard White upon some consideration the sum of one hundred pound the manifold debts charges Assesments and other necessary duties continually pressing your suppliant for discharge forced him to demand his said 100 l. of the said Richard White who neglects and delays the payment thereof to the great hurt and prejudice of the Petitioner who not receiving the said mony is altogether unable to pay his Assesments and other duties c. May it therefore please the honourable Committee to order that the said Richard White give satisfaction to the Petitioner concerning the said 100 l. or be caused to appear to shew cause to the contrary and your Petitioner as he ought to do shall still pray for your prosperity and happinesse To Richard White of Markeby WHereas Henry Pepper of Billisby Gentleman is assessed severall sums of mony for his fift and twentieth part and towards the weekly Assesments which he is willing to pay but is disabled for that the sum of 100 l. from you to him due Ham. Whichcott Tho. Cornwallis Alex. Emerson Iohn Archer and owing is by you with held from him which debts we are inabled to leavy for payment of monies assessed These are therefore to require command you forthwith to pay satisfie the said Henry Pepper the said sum of 100 l. that he may be thereby inabled to pay his said Assesments or to shew cause to the contrary before us at Lincolne on Fryday the 19 day of this instant July If you fail herein you will fall into the contempt of the high Court of Parliament and be proceeded against accordingly Given under our hands at Lincolne this 12 day of July 1644. Upon this Warrant White appeared and having given instructions to Mr. Archer to be of counsell with him Mr. Archer at this sitting refused the Chair where he constantly prosided takes another fear and