A DISCOVERY of the Arbitrary, Tyrannical, and illegal 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 EDWARD 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 broke the Solemn Vow, League, and Covenant; with several Warrants under their hands for the clear 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 pieces 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 EDWARD KING of Gray's Inn in the County of Middlesex Esquire. Shows, 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 Legal proceed of justice and discourage all justices of the peace for doing their duty; Your petitioner having done nothing but his Duty, giving in charge to the jury 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 endeavoured 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, styled 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 tendered 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 fundamental Laws of this Kingdom, and destructive to the liberty of the Subject, all which he refers to the justice, wisdom, 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 condign punishment for their Offences, and likewise that Your Petitioner may be dismissed 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 passed, before several Committees, against whose faithfulness they have not been, neither are they able to prove any thing material. And Your Petitioner, etc. To the honourable the Committee of LORDS and COMMONS for Regulating the Army. The humble Answer of EDWARD KING of Gray's 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 Lincoln; occasioned by a charge given to the jury at the quarter Sessions of the peace held at Folkingham in the parts of Kestiven in the County of Lincoln upon the fifth of October, 1646. By the said EDWARD KING. 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 possess 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 all Arbitrary proceed, & unjust oppressions, by any instruments whatsoever: And hath ever been much aggrieved, 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 encouragement 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 money, the high Commission, or any other illegal charge which hath been taken away this Parliament as intolerable grievances. And for that it is pretended, that the said Warrants and arbitrary proceed 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 personal differences between party and party, the which by several Votes of the House of Commons they are prohibited to intermeddle with. To Thomas Boxolme of Fulletby. 1. WHereas john Gell of Houghton in the Moor, 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 john Barnard. Tho. Nethercotts. or otherwise to appear before us upon December 6. next, to show cause to the contrary; And hereof fail you not in any wise. Given at Lincoln, November the 16. 1644. To the Mayor, Bailiffs, Constables; and the Inhabitants of Great-Grimesby. 2. BY virtue of an Order to me given by the Right Honourable the Lord Willoughby, Lord Lieutenant for this County of Lincoln; 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 cauldron of Oats and a quarter of Beans. 3. Ham. whichcot. John Archer. Cham Hall. Alex. Emerson. FOrasmuch as it appears unto us upon hearing and examination of the differences between Bridget Martindale Widow, 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 Jointure 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 died about twelve years since; And that the said Bridget hath peaceably and quietly enjoyed the same, till within these two years; Thomas Ives son of the said Robert, taking advantage of these troublesome and distracted times, violently entered into the possession thereof, and outed the said Bridget; the said Thomas dying soon after, Thomas Gill married his widow, 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 virtue 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 monday next, and to suffer the said Bridget quietly to enjoy the same as before these troublesome times she did, until 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. john Archer. Cham Hall. Edward Northrope. THese are to require you, and either of you, to bring before us at Lincoln on Tuesday next, the body of john 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 proof we shall see him justly to belong, therein you may not fail. Given at Lincoln this 18 day of March, 1645. To the Constables and all other the Inhabitants of Great-Steepeinge. 5. Richard Earl. Jo. Brownlow. Jo. Archer. Sam. Leigh. WHereas by Order of the 30 of July last, we settled 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 years, until by force Richard Forman and Philip Danks entered the possession thereof since these troublesome times, and held the same notwithstanding our Orders, until upon further Warrant they were brought before us for their contempt, and one of them engaged 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 entered 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 Lincoln 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 Lincoln this 30 day of August, 1644. To Mr Broxholme of Fulletby and John Marshal of Reasby. 6. WHereas William Hodgeson of Ashby prerorum, is assessed several sums of money towards the weekly assessments, 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 enabled to levy. Ham. Whichcott. Franc. Fines. These are therefore to require and command you, and either of you, that you forthwith pay and satisfy the said William Hodgeson all such moneys as are by you, or either of you, to him due and owing, or show cause to the contrary before us at Lincoln, 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 Lincoln the 21 day of June, 1644. To the honourable Committee at Lincoln, The humble Petition of Henry Pepper. Showing, 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, Assessments, 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 money, is altogether unable to pay his Assessments and other duties, etc. 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 show cause to the contrary; and your Petitioner (as he ought to do) shall still pray for your prosperity and happiness. To Richard White of Markeby. WHereas Henry Pepper of Billisby Gentleman, is assessed several sums of money for his fift, and twentieth part, and towards the weekly Assessments, 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. john Archer. and owing is by you with held from him, which debts we are enabled to levy for payment of moneys assessed. These are therefore to require & command you forthwith, to pay & satisfy the said Henry Pepper the said sum of 100 l. that he may be thereby enabled to pay his said Assessments, or to show cause to the contrary before us at Lincoln on Friday 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 Lincoln this 12 day of July, 1644. Upon this Warrant, White appeared, and having given instructions to Mr. Archer to be of counsel with him, Mr. Archer at this sitting refused the Chair, where he constantly prosided, takes another fear, and professeth himself of counsel 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, dismissed the cause. To Henry Wing, Gregory Wraw, Thomas Palmer, and Thomas Kyme, Assessors and Collectors of the third four Month's assessment, charged on the towns of Temberland and Martin, and every of them. 7. Whereas upon hearing of several the Inhabitants of both your said Towns on the 15 of May last past; Ham. Whichcott. Tho. Cornwallis Cham Hall. It was ordered, that to prevent all further differences that might arise between the said Towns, touching the unequal assessing of them; That the Town of Timberland with the tithes thereof, and the Town of Martin with the tithes thereto belonging, should be equally assessed, until cause should be showed 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 several 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 levying the same as therein is directed: Fail not at your perils. Given at Lincoln 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 entreated their fellow subjects, disinheriting them of their lands, spoiling 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 Cook liveth, (who was an Assessor) refused to pay his taxes, whereupon the said Cook 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 Commonwealth, I have given order for the disposing of them, undertaking to discharge whatsoever shall be laid upon them by taxes for the Parliament. I therefore desire that you will take my engagement 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 Tenant at Grantham for five weeks, for not paying the said Master Lister's taxes, which was maliciously done to force this Defendants Tenant from his habitation, and he was so unjustly terrified by some of the Committee, that this Defendant was constrained to take 25 l. rent per annum of him, that he might abide in his house, though formerly the Defendant 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, etc. Gill replied he held it for his Wife's child being heir at the Common Law, Master Archer said here is a Jointure in writing, unless you can disprove it, she shall have the Land, to which Gill replied, he could prove, it was not sealed or delivered in her husband's life time; Archer replied if you bring twenty witnesses, he not hear them against the deed, whereupon Gill desired he might have a trial at Law; Archer answered unless you'll yield the possession you shall not, and none shall have the hearing of it but ourselves: 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 trial at the Common-Law, to which Archer replied. They may do what they will; But we will do what we list; and when Gill refused to yield 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 soldiers 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 months tax ended, Jan. 1643. were after the expiration of the said Ordinance in the year 1644. by beat, imprisonments, and distresses compelled by Mr Archer and some of the Committee to pay the same to their treasurer, to the dishonour of the truly honourable the Earl of Manchester, who had by special 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 Enemy's garrison of Newark, having Collected the greatest part of their money, and entreated much that they might have time from Wednesday morning until Friday, either to Collect or borrow the remainder, could not obtain it, but to prison with them; take them provost Martial; 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 Cars Land in old Sleaford; the said Mark told Mr Archer that Colonel rossiter's horses eat the grounds; that his Master's 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 until 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, etc. 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 Colonel according to the Ordinance, and delivered a writing to Thomas Lister and some other of the Deputy-lieutenants then present to declare as much; at which M. Lister was offended, and said, if he could do any thing in the County, Colonel King should have no command there, and at such time as the Persons aforesaid propounded and nominated Colonel King for their Officer; Thomas Lister replied, that if any cried (a King again) he would clap them by the heels, notwithstanding all which, Colonel King was freely propounded, and nominated, and so acknowledged under the hands of some of the Deputy-lieutenants; but in regard the said Deputy-lieutenants refused to approve and allow the choice, the Country was not put into a posture of defence, but wasted, destroyed and plundered by the Enemy, contrary to the just and honourable intentions of the Parliament. 6. Lands in Boothby were taxed, the party named in the Assessment was neither Tenant, nor Occupier of the Lands, who thereupon repaired to Lincoln to M. Archer, and some of the Committee to acquaint them with the truth of his case; after he had made it known to M. Archer, he presently trebled the sum upon him for not payment, and the Marshal being present, he said, take him Marshal; whereupon he was constrained to pay the triple, and complaining of this abuse to M. Disney one of the Committee, he went and searched the book, and told him, that the single Assessment was only entered. 7. Divers Assessors complaining to M. Archer and some of the Committee, that M. Wincop the Sub-Commissioner for Excize refused to pay the Parliaments Assessments, and had not goods whereby to be distrained, were committed to prison by M. Archer until they paid them. 8. One of Heckington being much oppressed by free quarter, and having forty quarters of corn taken from him, complained to the Committee at Lincoln, where M. Archer reviled him, called him knave, and in angry manner bade him give two sh●●●●● to his man to draw up a petition to the board, if he had 〈◊〉 ●●●●ng to complain of. And this Defendant further saith, that so great were the miscarriages of the said Committee in Lincolnshire, that Colonel Cromwell (now Lieutenant-generall) informed the House of Commons of the same, whereupon Die Luna, 22. Janu. 1643. a Committee was nominated to take into consideration the miscarriages informed, etc. Die Lunae, 29. Janu. 1643. It was resolved upon the question by the Commons House of Parliament, that the Committee for Lincolnshire Informations shall have power to examine Sir Anthony Irby, M. Ellis, and Sir Edward Ayscough, Members of this House; but the troubles of the Kingdom increasing, and Colonel Cromwell being commanded to his charge, no proceed were made in the same; whereupon divers of the Committee-men, as M. Archer, M. Lister, etc. returned into the Country, and being sharpened and in raged by the complaint against them, imprisoned, spoiled and destroyed the poor Inhabitants of the County, under a fair and specious show of executing the Ordinances of Parliament, and procured by false and untrue informations notorious Delinquents to be nominated of the Committee, and act with them, such as Sir Richard Earl, and William Godfrey who had voluntarily contributed money, horse, aid, and assistance towards the maintenance of the Forces raised against the Parliament, and are puliquely known to be notorious Delinquents; and caused this Defendant and divers others, who had served the Parliament faithfully, to be disgracefully put out of all commands or employments for the public, by which means our estates became subject to, and were unduly taxed by Delinquents, who by the said Committees were nominated Assessors; the which burdens being intolerable, a humble Remonstrance subscribed with above 3000. hands of the Commons of the said County, was presented to the House of Commons, and Die Mercurii, 6. Novem. 1644. it was Ordered, that the Remonstrance be referred to the Members of the House that are of the Earl of Manche●●ers Association; where the Petitioners attended many weeks, and after the expense of much money, and time, some of the aforesaid Warrants and Informations being proved against M. Archer, upon a suggestion to the House of Commons, M. Archer was ordered to have thanks given him, and to return into the Country, the which was very unexpected, and put the Petitioners and the whole County of Lincoln into an amazement; since which time the said M. Archer, Lister, and some other of the Committee, have continued in Lincolnshire, and being Committee-men, to the dishonour and scandal of the Parliament, have not restrained men of unsound doctrine to preach, though not ordained Ministers, nor allowed for the trial of their gifts, as by both Houses of Parliament was ordained; have oppressed, and tyrannised over the people, wasted the treasure of the County, and consumed the estates of Delinquents, by their misgovernment, letting them to the Owners, and Malignants, abusing the Honour and Justice of Parliament; the which being apparent to this Defendant by view of the Warrants, and by complaint of the people who groaned, and cried out under their oppressions, and were ready to despair in the Justice of the Parliament, this Defendant, according to the duty of his place, did openly deliver for the Honour of the Parliament, and for the quiet and satisfaction of the people, a Charge to the Jury at Folkingham-Sessions in Lincolnshire to this effect: MY Masters of this Jury, The Charge. being called to this public service, I am resolved this day to set before your eyes the wisdom, piety, prudence, and justice of the Parliament, and to let you know in all their Protestations, Covenants, Oaths, and Declarations, how tenderly they have expressed themselves for the preservation of our Religion, Laws, and Liberties, and that done, yourselves and the world be Judges how suitable the actions of those have been, who contrary to their pious & just intentions have suffered heresies to be openly taught amongst us, and laid unsufferable burdens upon us, by misusing, altering and subverting the Ordinances of Parliament. When we first took up arms in our own just defence against the will of our Sovereign, seduced by wicked councillors, it was, as the Parliament solemnly protested, and vowed, and by Covenant engaged us to believe, for the defence of our Religion, Laws, and Liberties, such was their zeal to the Covenant, as who is there here before me this day that was not by command ordained to take it? nay, who is there in the Nation, if justice be executed, that escapes punishment if they obstinately refuse it? The Parliament in the time of greatest danger, declared themselves tender of our Laws, and Liberties, they laid no tax or assessment upon us, until we refused to help ourselves by voluntary contributions, and when they did it, they assured us, and did protest in the presence of the allseeing Deity, that their only end was to provide for the public peace, and prosperity of His Majesty, and all his Realms, to preserve the Religion, and Liberties of the Kingdom, for being seized, and devoured by a wicked party; and they doubted not but to deliver us at the last, if the people suffered not themselves to be deluded by false and specious shows. When they were in danger to be baffled, and injured by a malignant party, who had no respect to the Laws of the Land, they excited the well-affected persons to contribute their best assistance according to the solemn Vow and Covenant, and did declare, that whosoever should bring in money, plate, horse, etc. should do according to their duty, and that the same should not be employed upon any other occasions, than the maintaining the Protestant Religion, the King's Authority, and his Person, our Laws and Liberties; all which the Parliament in several Declarations, pressed upon us, as being answerable before God, for the neglect of them; they wrestled earnestly for our Laws and Liberties, being assured that men's minds being made poor, and base, and their Liberties lost and gone, they would be ready to let go their Religion also: Why then should any man entertain a dishonourable thought of the Parliament, who have so solemnly lifted up their hands to the high God, as to fear they'll not maintain the Laws of the Land, but suffer an Arbitrary Government, a thing every honest moral man abhors, to be introduced upon us, and in truth such an act, as no rational man can believe the Houses of Parliament will be guilty of? who can imagine (as themselves have declared) that six hundred men of equal power should agree in acts of will and tyranny, or that the Nobility and chief Gentry should conspire to take away the Law, by which they enjoy their estates, are protected from acts of violence and power, and differenced from the meaner sort of people? For my part, though my own and others sufferings be great, in regard that hitherto the current of justice hath been obstructed by the malice of enemies, and the late distractions, yet I am confident, the Parliament will approve themselves faithful to the Covenant; and that you and I might now obtain justice, if we would contend for it. What though some of our Egyptian taskmasters compel us to make brick without straw, and beat and imprison us without fault; what though they govern us by an Arbitrary, and Tyrannical Power, and tread the Covenant, Ordinances, and Declarations of Parliament under foot, insomuch that they are become like jugglers knots, fast and lose at the will of some men; shall we therefore deal falsely and treacherously with our God and the Parliament, and ourselves in the Covenant; and Esau-like sell our birth rights for a Mess of pottage? God forbidden; I am assured, if at this time I should ask you whether you would part with your God, and Liberties or not, you would answer me, no: but you have in a great measure parted with your God; and others with a high hand have invaded your Liberties, by means of your own divisions; for durst any blaspheme God, or profane the Sabbath, or suffer damnable Doctrines to be taught; or durst the proudest subject in this Realm beat, imprison, and exercise a tyrannical power over you; if you would according to the Covenant adhere together, that such who thus dishonour, and injure the Parliament and oppress you, might be brought to condign punishment; if you will take example of a dying man, I'll tell you the story; The Father lying sick upon his deathbed caused his quiver of arrows to be brought unto him, and that done, sent for his Sons, who standing about his bed, he delivered the quiver of arrows into the hands of his eldest son, and commanded him to break them, he took them, and replied, Father I cannot; he than delivered them to each son severally, with a like command, and they answered as the eldest had done; he than took the quiver into his own hand, and drew out an arrow, and commanded his eldest son to break it, who obeyed and did so; he than delivered another to his second son, and so to each, who did as the elder Brother had done; and so all the arrows became broken. I'll leave the application to yourselves, be you wise as Serpents, and innocent as Doves; which if you were, durst some Committee-men contrary to Law, and the Ordinances by which they act, put you out of your possessions by force, lay arbitrary taxes upon you, by their own power, without any Ordinance, and so destroy the property you have in your goods; by taking your beefs, muttons, bacon, corn, hay, etc. from you, and ordering soldiers to have free quarter amongst you, though they collect from the County moneys sufficient to satisfy their pay; if you would inquire after justice, Nota. and not cease to prosecute your complaints, and grievances in a just, and legal way, until they were heard, and redressed, * Tho: Lister left his Colours, Arms, etc. at Spalding, upon a rumour that the Earl of Newcastle was coming into those parts; The which the Defendant marched under, etc. durst some have betrayed your lives, and estates into the enemy's hand, by unworthily deserting you in the time of your greatest danger; and that after they had levied vast sums upon you, for your defence; if you were active, and stout in pursuing the Covenant, and in prosecuting them for their cowardice, and treachery? Would any have dared to put obsolete Ordinances in execution upon you, and imprisoned you for moneys, which should have been taxed, when the Earl of Newcastles Army frighted them? ruined you, and possessed the Country, contrary to the mind of the Parliament, & intent of the Ordinances? durst the Committee-men for the fift, and twentieth part view and review you; and review you again, the Excise-men poll you, contrary to their Ordinance, and the Oath therein prescribed, taking excise for the sucking children that hangs upon the Breast, and for the Bullock that casually dieth under the yoke? durst some of the Committee-men, and Deputy-lieutenants have denied to put you into a posture of defence, according to the Ordinance of Parliament, thereby to have preserved you from ruin, and plunder of the Enemies? or durst at this present some of the Committee levy a ten months tax upon you by colour of the Ordinances for Sir Thomas Fairfax his Army, which imposeth only twenty month's tax upon you; when they have already leavyed two and twenty months, being two months more than that Ordinance imposed on you; besides other undue taxes of money, corn, and freequarter, to boot, during the self same month? durst any keep the Ordinance for sequestration, as a rod over their backs, who are well-affected to the Parliament, to compel them to bear the iron yoke of their arbitrary and exorbitant proceed; if you had not (like unworthy Englishmen) sold yourselves to their bondage, and slavery? have you read the story how Hanun used David's servants; the text tells you he shaved off the one half of their beards, and cut their garments in the middle, even to their buttocks, and sent them away; the which when they told it to David, he took revenge of Hanun for entreating them so villainously; All I say to you is this, look about you, and see whose beard is not shaved, or whose garment is not cut off in the middle, even by their Buttocks by these Hanuns, and that done, say if you have told our Davids the Worthies of Parliament, who are ignorant of it, or if you have sought a legal 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 certainly will 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 Ruler's hand to execute wrath upon him that does evil, and our God is a righteous Judge, I may say with David, the Lord never fails 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 yourselves, your wives, your sons, and your daughters into the hands of oppressors; it is for those only who love such Masters, and will not go out free to go to the door-post, and to let their Master's boar their ears through 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'll never pay tithe of mint, and anise, 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 haman's of the times are working our destruction; what if few, or none that opposeth their arbitrary, and illegal practices, and complieth not with them in their crooked ways escapeth unsequestred, or ruined, shall I therefore fear, and fly? I'll not dissemble and deal falsely with God, the Parliament and you, to save my life, my estate, etc. 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 Jews, and offered ten thousand talents of silver, and pretended that the people kept not the King's Laws; our case is almost the same: was not this Country 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 than many of us? It was you the Commons of this Country under God, that upheld this Parliaments Authority here, and it is for your good that they sit in Council: fear not then to maintain your Laws and Liberties, we have a just God, and an honourable Parliament, in whose eyes there will be no respect of Persons; According to my duty, I shall this day put you in mind 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 Heretics, who take upon them boldness to creep into houses, and lead captive silly women laden with sins; Prophaners of the Sabbath, Swearers, Drunkards, Fornicators, Idolators, Adulterers, abusers of themselves with mankind, 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 speak irreverently of the Person of the King, our undoubted Sovereign, and if any man go about to compass or imagine his death it's Treason: to counterfeit the great Seal, the Privy Seal, or money current in this Realm, is Treason: to kill or murder the Chancellor, 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 war against the King is treason; which is to be understood against his authority in the maintenance of Laws, and Religion; not his illegal will and that Malignant party who now adhere unto him; to adhere unto the King's Enemies within the Realm, 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 Maims, Batteries, false imprisonment, assaults, and menaces; False imprisonment is when one is committed against Law without lawful power, Mittimus, commandment, Order or Warrant; Offences without force you ought to present; such are nuisances, deceits, etc. Offences against the Statutes you are to present as, Alehouses unlicensed, or disorderly alehouses not observing their licence; Riots, Routs, and unlawful 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 unlawful exacting of any fee, or reward; an offence the officers of some Committees are highly guilty of, if the common voice be not a liar; my Lord Cook tells us that the Collectors of fifteen were committed to prison for that they took of every Town one shilling six pence for in acquittance, yourselves best know what you have paid; 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 wilful, and corrupt forswearing of a man's self. And it is twosold; assert: ut de praeterito, sicut testes, etc. seu permissorium, de futuro, sicut Judices, Justiciarii, Officiarii, etc. if an Officer commit Extortion he is perjured because it is against his general oath; but if a Sheriff receive a Writ unsealed (as some have done) this is perjury, being against his express oath; if any person indite such offences, and the Jury wilfully refuse to find them, the sin is theirs, and the party that indicted, or informed shall receive no damage, 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 offenders; Imprisonments and unkind blows are not easily forgotten: Let it not then be said that you encourage wicked men; let not those whose houses are full of deceit who are become great, and waxed rich through bribery, and oppression, refusing to judge the cause of the fatherless, and the right of the needy, escape your presentments; If false teachers be among you, who privily bring in damnable heresies, and your governor's 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 spirit, turn not to the right hand, nor to the left in your presentments, that so God may prosper you wheresoever you go. Finis. Edw. King. Now this Defendant further saith, that Thomas Lister Esquire, during the time that he was High Sheriff of Lincolnshire, received a Writ for the Election of a Burgess to serve in Parliament for the Town of Grimsby, the which Writ being unsealed when it was delivered unto him, he refused to grant a precept under his Seal to the Mayor of Grimsby, taking notice it was against his oath so to do, as by this Letter may appear; SIR, I Received a Letter from you, but when the same was written I know not, and in the Letter some thing like a Writ, directed I cannot tell to whom; by what appears legible in the Label, by my Oath as I take it, I am to receive no Writs but sealed, and though you writ you broke it up; yet it might come to you unsealed, and whether it be safe for me to grant a warrant upon it I must advise, and take council in it, I desire to be informed, how it came to your hands, and whether a Letter, or person came with it; to give you assurance it was rightfully obtained, I desire to walk warrantably so near as I can, especially in a matter of so great concernment, wherein I hope you will excuse him, who will be ready to serve you, and express himself Your affectionate friend, Thomas Lister. Lincoln 14. Octobris, 1645. Subscribed, To the Right Worshipful john Moor, Mayor of Grimsby, these deliver. But this Defendant who stood for the place, being summoned up to London to answer a complaint subtly devised against him, the said Sheriff to injure this Defendant in his absence delivered a precept under his seal to the Mayor of Grimsby, upon that thing like a Writ, commanding him to proceed to the Election of a Burgess, and afterwards unduly returned Mr. William Wray; who at that time was an Infant, and beyond the Seas; the Mayor not sealing an Indenture according to the Statute, the which this Defender conceiveth was against his oath, the Law of the Land, and Statutes of the Realm, and for so doing the said Sheriff ought to be punished. This Defendant likewise saith, that by virtue of several Ordinances of the Lords and Commons assembled in Parliament, there was monthly to be charged upon the County of Lincoln from the first day of February 1644. until the tenth of October 1646. 2070. l. to be taxed, levied and paid for the maintenance and payment of the Army under the immediate command of Sir Thomas Fairfax, etc. and charges incident, to which Army the Regiment of horse under the command of Col. Rossiter, was and is belonging; And this Defendant saith that the Committee of Lincolnshire neither had nor have any power to assess or levy any other sum or sums of money whatsoever for the maintenance of any other forces in that County, The 2800. l per mensem ought not to be levied, being the County was not into a posture of defence. other then as aforesaid: The which several sums ought to have been divided and apportioned by the Committee of the County to be levied upon the several and respective Wards, Divisions, Hundreds, Layths and Wapentakes according to the usual proportions, & divisions of Rates in the said places; and that done two of the Committee ought to have directed their warrants to several persons within the Respective divisions, to be assessors of the said rates, which persons were required to assess every person within their division, according to the Rate, and proportion in the Ordinances mentioned; and to the end the said Rates might be equally and indifferently assessed, and the money duly collected, and a true account thereof made, the Assessors were by the Ordinances required within six days after the Assessment made to deliver one Copy of their Assessments fairly written, and subscribed by them, unto the said Committee, and the said Committee were required to sign and seal three duplicates of the Assessments, whereof one duplicate the Committees were to deliver to the Collectors with warrants to them to collect the said Assessments, and an other duplicate to such person or persons as the Houses of Parliament should appoint for receiving the same, and the third duplicate to the Committee of accounts of the Kingdom as hath been accustomed in the Court of Exchequer in the case of Estreats of Subsidies, and now used in this assessment in all other Counties liable to it but ours, and two of the said Committee were to nominate one or more sufficient and honest persons in every division to be Collectors of the said moneys so assessed or rated; which Collectors were required to collect the said money so assessed, and if any person refused or neglected to pay the same, than the said collectors might levy the same by distress and sail of his goods. But this Defendant saith that some of the Committee of Lincoln having a greedy and covetous disposition to enrich themselves, dishonour the Parliament and abuse the people in contempt of the Ordinances of Parliament, never intending to give a true and perfect account of their do, and proceed, wholly neglected, and omitted to sign and seal any duplicates, or in any due, or orderly manner to assess the same; but by an Arbitrary, illegal and tyrannical power, some of the said Committee issued out a Warrant dated the sixth of September 1645. under the hand of Sir Richard Earl, Sir Thomas Trallope, Sir Hammond Whichcot, Francis Clinton, alias Fines, Edmund Ellis, and Cham Hall, Committee-men for the County of Lincoln, and without any duplicate of an assessment signed and sealed; there was unjustly levied upon this Defendants estate and the Inhabitants of the said County in a confused and disorderly manner, the sum of 2800. l. per mensem for six months, and by another Warrant as aforesaid under the hands of Sir Hammond Whichcot Knight, William Disme, Edmund Ellis, Will. Godfrey, Cha: Hall, and Richard Filkin, Committee-men for the County aforesaid, bearing date the sixth of Feb. 1645. there was levied as aforesaid, the sum of 2070. l. per mensem, for ten months, and by another Warrant under the hands of Sir Richard Earl, Edmund Ellis, John Hobson, Richard Brian, John Archer, and John Disney, Committee-men as aforesaid, bearing date the 4. of May, 1646. there was levied as aforesaid 2800. l. per-mensem for six months, which sums amount to 54300. l. whereas if regards be had to the Ordinances of Parliament, the said Committee ought not, neither can they justify the levying of any more or other, by colour of any Forces whatsoever, than the sum of 41400. l. which this Defendant being well assured of and knowing they have no power derived from Parliament in this arbitrary manner to impose or require any the aforesaid payments, or to enforce the Inhabitants by imprisonments, fines and distresses, to pay, the same to William Bury their Treasurer: this Defendant did command his Tenants not to pay the last six months tax after that manner rated, and imposed upon them, being it was unjustly and unduly laid upon them, and amounted to 12900. l. more than the said Ordinances do Warrant; whereupon one Robert Dawson, and Thomas Cook, two of this Defendants Tenants, for refusing to pay the same, were by soldiers imprisoned at Lincoln, and their goods taken from them, and this Defendants Estate sequestered, by order of some of the aforesaid Committees. Now this Defendant well knowing that the House of Commons had declared, that they would not, nor any by colour of Authority derived from them, should interrupt the ordinary course of Justice in the several Courts and Judicatories of the Kingdom, did sue out of the King's Bench several habeas corpus, for the relieving of this said Defendants Tenants, and intends with the favour of this honourable Committee, to seek repair and satisfaction by Law. And this Defendant further saith, that a Warrant being sent unto Marton and other Towns in Lincolnshire, for the levying 2070. l. per mensem more for ten months dated the 7. of Sept. 1646. subscribed with the names of Richard Earl Knight, William Savill, and some other of the Committees, commanding the Collectors to pay the said money to William Bury Gentleman, their receiver at Lincoln the one half upon the 25. day of Sept. last; the other half upon the 13. of Novemb. he this Defendant did write and subscribe the two notes showed unto him, the one dated the 21. of Sept. and the other the 24. of the same, which notes were read in the honourable House of Commons, and did command the Inhabitants of Marton being his Tenants, not to assess the same, or pay any more money to William Bury their Treasurer, unless the Committee could show them an Ordinance to raise and pay the said money according to that Warrant, whereupon an Order was made and delivered to this Defendants tenant in these words. At the standing Committee for the County of Lincoln. Exam. per. Tho. Dowse. IT is ordered that the Lands of Col. Edward King in Rowston be sequestered, until he shall pay his assessments due for the same upon several Ordinances: And upon the 6. of October, the Ordinances for raising and maintaining of the Forces under the Command of Sir Thomas Fairfax being expired, and the power of that Committee determined, William Disnie, Moses Disnie, and William Godfrey, sent out a Warrant in these words: To Edward Burnet. The Warrant illegal. COmplaint being made unto us, and also testimony given, that Thomas Cook of Rowston being appointed, an Assessor, Collector of the Assessment imposed on that Town for six months, and four months for maintenance of the Forces under the command of Sir Thomas Fairfax, William Disney. M. Disney. William Godfrey. and having received a Warrant to that purpose, doth notwithstanding contemptuously refuse to make the said Assessment, to the great retarding of the service, not only in that Town, but in all the Towns adjoining, by his ill example, for which he is fined forty shillings: These are therefore according to the said Ordinance to enjoin you to levy the said forty shillings upon the goods and chattels of the said Thomas Cook by distress, sale of goods, and in case of resistance, the soldier's quartering in the Town, or thereabouts, are desired to assist you herein, for which this shall be sufficient Warrant. Lincoln, Octob. 6. 1646. By colour of this Warrant Thomas Cook was distrained by soldiers, whereupon this Defendant advised his Tenant to bring an action at the Common Law, who declaring as much, the distress was waived, and about two days after a party of soldiers sent to Rowston, and the said Cook by force taken out of his house and carried to Lincoln, where M. Archer, and some others of the Committee imprisoned him until he had paid forty shillings fine, (as they called it) and after that they appointed him an Assessor and Collector for the second ten months tax, and some of the Committees have since by force, imprisonments, and threats, as this Defendant is informed, and hopes to prove, unjustly compelled the said Cook to assess and collect the same, and taking upon them an arbitrary and tyrannical power, have since their authority was determined, oppressively and corruptly levied the sum of 20700. l. or a very great part thereof upon the County of Lincoln; whereas in all cases of difficulty and doubt, this defendant conceiveth, it is their duty, to address themselves to the honourable Houses of Parliament, and not by force and imprisonment, (in this manner) to destroy the Subjects of that County, whose sufferings have been intolerable, and whose poverty is very great; by which unlimited power the said Committee have levied 33600 l. upon the County of Lincoln, very unwarrantably and unjustly, against the form and effect of the Ordinances of Parliament, to the undoing of infinite numbers of people; and the great damage and wrongful vexation of the Inhabitants of the same. At which unconscionable and unjust levies, this defendant is the rather aggrieved, when he considereth that the sum raised by way of Tax from the 1. of February 1644. in Lincolnshire, doth amount unto the sum of 75000 l. besides the goods and rates of Delinquents which came to the hands of some of the Committee, and were at their disposing, are of an exceeding great value: that vast sums have been levied by tickets without any name subscribed to the same; called the fifth, and twentieth part: and that 1400. quarters of Oats hath been monthly assessed upon the County; Great sums of money raised upon the Earl of Manchesters' Ordinances after they were expired, which is not mentioned. And several other devices set on foot to levy money by colour of the Ordinance for Sequestrations. And yet the Soldiers have lived upon Freequarter, contrary to the Ordinances and Orders of Parliament, it being ordered, die veneris 26. December, 1645. That the Committee of the Army do according to former directions take care to see the Inhabitants in all places duly satisfied for such Free-quartering, or quarters as have been taken by the Army under the command of Sir Thomas Fairfax; or any part of the said Army: the Horses, hay, corn, and goods of the poor Husbandmen taken from them without price, the charges and expenses of levying, Impressing, and conducting Soldiers, contrary to the Ordinance of Parliament, made very grievous and burdensome to the County by some of the Committee, when as the 800. Horse, sent out of the Eastern Association, was paid by order of Parliament, and 20000 l. paid to the three Regiments of Horse under the command of Major Lehunt, Major Gibb, and Major Haines; and the Company of Dragoons under Captain Walletts command, as by Ordinance of Parliament appeareth: all which this defendant well knowing to be true, he cannot but admire what is become of the moneys, thus unjustly extorted from the poor people by the foresaid Committee-men. And lastly, this defendant faith, that William Bury, John Archer, William Lister, and John Disney, by colour of being Committee-men shaking the ancient and fundamental laws of this Kingdom, there being no Articles depending before the Committee against this defendant, being both his accusers and prosecuters here: and prosecuters and Judges in the country, have taken upon them by their discretion, to examine several persons against this defendant, and by force thereof have preferred these sinister, crafty, feigned, and forged informations against him; and unjustly and wickedly pursue the fame, to his great damage and wrongful vexation; which if not timely punished by the justice and wisdom of the Parliament, it's not credible what horrible oppressions and exactions, to the undoing of infinite numbers of the people, will be committed by this unjust and injurious power. For if this undue proceeding should be countenanced against this defendant he hath neither safety in his life, right, nor property in his estate or goods, nor liberty in his person, there being at this present, Warrants sent to several persent in Lincolnshire under the hands of some Committee-men to gather informations against him in these words, To John Hutchinson of Scawpwick, George Sturdivile of Marton, James Norman of Thrope Tillney, William Smedly of North Kime, etc. Will. Lister. Will. Bury. john Disney. THese are to require and charge you, and every of you, all excuses set apart and delay, to make your several appearance before us at Lincoln on Wednesday next, by ten of the clock in the forenoon, to answer such matters as shall be demanded of you, on the behalf of the Commonwealth: hereof fail not, as you will answer the contrary at your perils. Given at Lincoln December 5. 1646. Sturdivile appearing upon this Warrant, was examined as followeth. Did Colonel King hinder the assessments for the ten Months or not? did you demand it of him? how many children hath Colonel King? whether be they boys, or wenches? what age are the children? what are their names? do any of them live with his Father, or his Wife's Mother. The examination of Robert Prugeon taken at Lincoln December 9 1646. before Will: Bury, etc. THat I Robert Prugeon of Walcott do think in my conscience that the charge of Col: This Prugeon is a known Delinquent. Edward King given at Folkingham at the last quarter Sessions; wherein he spoke of the second ten month's Tax, for Sir Thomas Fairfax, of the illegalnesse of it, to be an hindrance to the said parts of Kestiven; not paying it to the Committees at Lincoln, hereunto I set my hand. Robert Prugeon. One Gustards, and divers others were compelled to do the like, and such as did speak in the justification of this defendant, their testimonies were rejected, which bare informations taken contrary to the law, in the absence of this defendant; who by order of this Committee is commanded to attend here touching the same business, and cannot cross examine them for his just defence, ought not, as this defendant humbly conceives, to be admitted as an accusation against him before this honourable Committee, nor he thereupon be taken, imprisoned, or put out of his freehold; neither ought he by the great Charter of this Kingdom, be put to answer the same; all which he referreth to the judgement, wisdom, and piety of this honourable Committee, and prayeth that the same may be reported to the honourable House of Commons, that justice may be executed upon offenders, and this defendant dismissed with a just and honourable reparation. EDWARD KING. Decemb. 21. 1646. FINIS.