wonder what is Lemmons reason being grown a man of fortune and estate and might consider the best preservative to give it continuance to his posteritie is the protection of the Laws that in this case against my no other but lawfull Application to be judged by the Laws he should thus farre countenance such sheep biters for men in the trust of such actings and so well able to justifie themselves against Suits at Law and upon so great advantage as they presume the Ordinance is to them to seek superfuge at the best provided for a remedie for the poore renders them no better then in the nature of sheep biters that hang tails between their legs upon fear of a discovery such servants best become Allens skill in his reason and honestie to be a Judge in their causes But these two put me in minde of an observation that wise man Lord Egerton Lord Chancellor of England had upon the Laws and tryals by Juries that the Laws were the just ballast of doing every man right that tryals by Juries when and where mens consciences were bounded with fear to offend God and not to be opened so large as for friendship or any other ends to be exercised as a serveturn But as tryals were mostlie in his time carried was that two knaves pack in to ten fools was sufficient to destroy any man that unhappily might meet with such a Jury either of life Free-hold or whatsoever came under such tryall and in some cases in all I do verily beleeve that both Allen and Lemmon in their times and callings have been Jury men and have experienced something towards truth in this matter I cannot yet so easily go off of this Committee of Indempnitie where I have in obedience to their Orders so slavishly waited and been bitten in my self and in my concern now foure severall times by Orders and it shall be of the manner of proceeding to hear Causes for the matter as Allen saies they must indempnifie their servants who complain and prove the matter complained on and de facto prove it for it is chiefly for being sued at Law this is record and that it is so is cause that must be indempnified by the Ordinance as they themselves are Judges of it so here is short and sure work for Allens skill in Laws and rules in honesty The Committee sit at a Table five is a sufficient number the Complaint and proofs are first read by Kirk the Clerk say what can be said in right or reason but to give a seeming of a full hearing you must withdraw A word never heard of in Courts intrusted with the Judicature of Causes till this Committee The Committee are then turned into a Jury to consider costs and it may be you called in to hear your doom but howsoever you shall 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 sides and Counsell and Testimony of all hearers of the whole proceedings In tryals by Juries sometimes as there is cause some light to Juries in point of Law is openly given by the Judge or Judges the Verdict received and entred to be a Record 〈◊〉 them in open Court sitting Now Mr. Allen it would better become you to refine gold the precious jewell of your profession then to meddle with precious jewels so far above your understanding and more precious than gold for you to be a Judge of the deseising men of their properties the Inheritance descended to me from my great Grandfather and to him by his Mother the Heir in successions to Ancestors for 400 yeers But this is gold in a Swines snout and so I leave you Thomas Conningsby FINIS
his or their estates be taken away The 8. of April following Brereton procures an Order from the House of Commons of reference to the Committee thus Die Lune 8 Aprilis 1644. It is ordered by the Commons assembled in Parliament that it be referred to the Committee of Examinations where Mr. Corbet has the Chaire to inquire into and secure such Papists and Delinquents estates as Sir W. Brereton shall discover and report the state of the businesse to the House Hen Elsing Cler Parl Dom Com. 4 May 1644. In pursuance of an Order of the House dated 8 Aprill 1644. Sir William Brereton brought in an Information against Mr. Thomas Conningsby Ordered that Mr. Conningsbies estate be secured and that Mr Conningsby and his Wife to have notice and required to come or send on Tuesday next to shew cause why his estate should not be sequestered that the Tennants forbeare to pay any rents to or for his use and that such persons as Sir W. Brereton shall appoint take care to put this in execution Mark here I beseech you for the Cause of Truth and Right and it is an old and true saying Lyers had need of good memories and Iuglers to be wary in false practises and here you shall find that the speciall reference to the Committee where Mr. Corbet has the Chaire is not in vain to Breretons purpose he and his man Kirk the Clark then of that Committee entering and omitting as might best conduce to the advantage of Breretons for neither the Information of the 4 of May nor order from my wife and my self to appear was ever served on any of us but an Order of the 1 of May upon Breretons information against my Wife and Mr. Williams for sending Horse and Arms to Oxâ—n and sending intelligence thither and upon this ordered she and Mr. Williams are summoned to appeare served on them 3 May and that same day all their Goods within doores and without Inventoried and securitie forced to be given for them none of which is certified she appearing on the 8 day all that laid aside and the proceeding of the Committee thus certified 8 May 1644. Upon the information against Mr. Conningsby That he put in execution the Commission of Array Mr. Henry Coxon examined saith That Mr. Conningsby did read and put in execution the Commission of Array at St. Albons that he bought 26 Muskets and what he did with them they desire to know Henry Price saith That he knows that Mr. Conningsby did in the beginning of these troubles buy 26 Muskets in London and brought them to his house at Myms and he hath seen them in his Kitchin he knows not what use he made of them nor to what end they were bought he had Rests Bandeleers and Match to them Ordered that Mr. Conningsby be brought to morrow by the Leiutenant of the Tower and no seisure to be made of the goods in Mr. Conningsbies house till further ordered 9 May 1644. Mr. Conningsby appeared being brought from the Tower Mr. Coxon and Mr. Price their information appears no more but the publishing of the Proclamation of Jan. 7. 1642. was all the Charge against me Mr. Iuory then Mayor of St. Albons being examined saith That Mr. Conningsby then Sheriffe came to St. Albons and sent for this Examinate being Mayor and divers others of the Town and desires their assistance in publishing the Proclamation now produced and it was published by his Bailieffe and Mr. Conningsby and many more were present this Examinate being also present at the time the Proclamation was read which was done openly in the Market Mr. Conningsby saith That he had the Proclamation and did send for the Mayor to assist him and the Bailiffe read it and it was done by his command Saith further 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 Something was urged to me about a Letter to the Lord Cranborne nothing to purpose and point of Sequestration Upon the whole businesse This Committee declare their opinion that Mr. Conningsby is within the Ordinance of Sequestration and that his estate be secured till it be reported and the House give further order the falacy is upon the whole businesse as proved in all and yet without report and further order 20 May 1644. Ordered that Sir Will Brereton have power to compound for and sell the goods and other estate of Mr. Conningsby seized by order of this Committee giving account for the same to this Committee Vera Copia ext per Ste Kirke Clerk of the said Committee Likewise the Proclamation written at large in the Certificate Upon this Order of 20 May Breretons Agents entered my House 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 Delinquency rendring me liable to Sequestration and that day other days within doores and without took away all my goods and personall estate to the value of 1600 li. So that besides the irregularity used in taking away my goods for the manner of it against the Ordinances of Parliament will manifestly appeare upon reading the Causes thereof in the proceedings as aforesaid And this is certified by the Country Committee as the whole matter whereon they have pretended the sequestration of my reall estate so that I was not sequestered at all but my estate irregularly and violently by them taken from me for as they certifie their concurring in Judgement with the Committee of Examinations that Committee nor the House it self had no power to seize the estate or judge of the delinquency but the Committee of Lords and Commons both by Breretons Ordinance and the severall Ordinance for sequesterations declaring the Causes of sequestration The House of Commons gives power to that Committee only to enquire into secure and report which power that Committee did exceed for by order of that Committee Brereton did first seize and secure my estate before any enquiry and guided by unsconcionable covetousnes was loath to let go his hold right or wrong which was not till 9 May that I appeared was brought thither a Prisoner examined as aforesaid and then without hearing Counsell or other hearing then as aforesaid they voted me within Ordinance my estate to be secured till reported to the House and further order of the House 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 May which was not to sequester or dispose of my estate but to secure it till reported to the House and further order of the House and yet by their order of 20 May that Committee gives Brereton power to compâ—nd for and sell my goods and other estate By colour of which he sold and had away all my goods which is apparent against his Ordinance the order of the
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 saâ—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
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