THE MANY SUFFERINGS of an undone Gentleman, and his Family, here truly remonstrated to public commiseration. I Thomas Conningsby of Northmyms in the County of Hartford Esquire, having in the whole course of my life endeavoured the enjoyment of my Interest in this Commonwealth, always in the rules of the known Laws and duties by me to be performed in a peaceable way, without any the least meddling in the unhappiness of these times, or giving cause of so many deep sufferings to my utter ruin; and not conscious to myself of any crime deserving such proceeding against me, by my malicious Enemies countenanced in the highest degree, being acts and proceed against me, and the extremest of unjust and hard usages by several Committees in the Country for Sequestrations, and the Committees of Examinations and indemnity here above, exceeding and abusing the Power & Au … ●f Ordinances, and Orders of Parliament, and causelessly 〈◊〉 me in my birthright, my Inheritance, property and Freeh … … ucting me by their power, and too much presuming there being too hard for me to bring my hard measure from them, and the true user it's of my cause to a right understanding; having no other means, I here publish to all men of modest minds, and of right understanding, who are in a capacity to relieve me, if possibly I could bring my just Complaints and Grievances to be received and heard before them: but by continued, many deep, and long injuries, so powerful are the parties concerned over me (as in the sequel will appear) that all my just ways in endeavouring my lawful remedy, and submitting likewise to the judgement by Ordinances, or Orders of Parliament, instead of relief, the additional outrage (to that low and miserable condition they have brought me into) intages them to proceed farther in their malicious ends towards me. And a word concerning all the cause of my miseries, was that I was Sheriff of my County by his Majesty's Commission, 1642. under the great Seal and Authority then unquestioned, (a●● the same that gave being to the Parliament itself,) by Writ and Commission in January 1642. commanded to publish certain his Majesty's Proclamations, which by unavoidable Law, bound duty, and the tye of a strict Oath I was bound to obey, no Ordinance or Prohibition then to the contrary, nor the Ordinance for Sequestrations till the third Month following, the 13. of that Jan: at St. Albon's causing a Proclamation to be read, peaceably, and out of no interest of my own, but that duty and tie aforesaid; was seized by a troop of Horse, brought prisoner to London, not examined or heard, sent prisoner to London-House Gaol: Now because punishments of so high a nature are a brand to posterity of some foul crime and miscarriage, I offer this for my vindication to all the world, in the judgement of rational men, where was the offence deserving the punishment by a total sequestration, the office of Sheriffweek continued under the same Commission till April 1644. that I receive discharge by Writ under the then new great Seal, whether the omission of what is all my offence, in like kind commanded from the Authority of this Seal, would not be counted a contempt of an high nature. And first by a misguiding and false report made to the House by Miles Corbet, a Member of the House, in these words: Mr. Corbet reports from the Committee of Examinations the bold and unbefitting carriage of the Sheriff of Hartfordshire, who is committed prisoner to London-House by Order of this House, not assigning wherein: and to this day the Remonstrate altogether both guiltless, and unknowing any cause. Whereupon it is Ordered this day, Die Lune, 13. Martii, 1642. That the said Sheriff of Hartfordshire, shall be forthwith committed prisoner to the Tower, there to remain close prisoner, till the further pleasure of this House be known. Where I continued at my own great charges, and in no better than close restraint, from the said 13. of March till 14. of Octob. 1647. five years and seven months, and then removed to Peterhouse Goal, where with inhuman insolence, and several assaults of one Simball the Gaoler to the great danger of my life, I continued till 8. of April 1648. my son then obtained for my health sake, (being grown into great weakness) liberty for to go into the Country, upon what terms I know not to this day; but as to my imprisonment, being it was by Order of the House of Commons is not the thing I any way question, but so fare as so deep a displeasure towards me brought upon me the opinion of some notorious miscarriage even from some Members of the House to whom I was not known, and others who though knowing my conversation stood doubtful of a right understanding of me, thus branded by so heavy punishment, and from so high Authority, to the censure even of my best friends, and advantage of malicious enemies, who thus contrived to ruin me as aforesaid; and yet in that space of time from my imprisonment till May 1644. that they had fully ripened their intentions upon me, my wife and now most distressed family living in my house in sufficient sorrow, and peaceably paid for me and for that part of my estate in our own occupation, for the service of the Parliament, for 3. months for the Lord General's Army the Earl of Essex, one rate 12 li. an other rate 19 li. another rate 3 li. towards raising a scout horse and cart and fortifications at St. Albon's 5 li. 10 s. for 5th and 20th part 83 li. 10 s. for an horse and Arms 19 li. compelled by Dostor King, though excused by the other Committees, after all our horses and Arms at several times plundered from us, to the value of 120 li. for a seasement without Warrant 7 li. for three other Seasements 17 li. 2 s. the sums paid to the Parliament service 143 li. 12 s. this was not to be reckoned Delinquency and cause of Sequestration. Till the year 1644. Die Martis, 26: one Sir William Brereton in an Ordinance thus: And be it further Ordained by the Lords and Commons, that the personal estates of all such Delinquents and Papists within the City of London and Westminster, and within 20. miles of the same, not sequestered nor discovered, and which shall be discovered by the said Sir W. Brereton, or such person or persons, as he shall authorize, under his hand and seal for that purpose, within two months' next after the publishing in Print of the Ordinance, shall be allowed to the said Sir W: Brereton, for the farther advancement of the said service. Provided, the said concealed estates exceed not the sum of 5000 li. And that the said Sir Will: Brereton, or any person authorised by him as aforesaid, nor any of them, shall possess themselves of the said Papists and Delinquents estates, before he or they acquaint the Committee of Lords and Commons for Sequestrations therewith, to the end they may judge the delinquency of the persons before 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 Chair) to inquire into, and secure such Papists and Delinquents estates as Sir W. Brereton shall discover, and report the state of the business to the House. Hen: Elsing, Cler: Parl: Dom: Com. 4 May 1644. In pursuance of an Order of the House, dated 8 April 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 show cause why his estate should not be sequestered, that the Tenants forbear 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, Liars had need of good memories, and jugglers to be wary in false practices: and here you shall find that the special reference to the Committee (where Mr. Corbet has the Chair) is not in vain to Breretons purpose, he and his man Kirk the Clerk 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 myself 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 Oxen, and sending intelligence thither, and upon this ordered she and Mr. Williams are summoned to appear served on them 3 May, and that same day all their Goods within doors and without Inventoried and security, 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. Albon, 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 Kitchen, 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 Lieutenant of the Tower, and no seizure 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. ivory than Mayor of St. Albon's being examined saith, That Mr. Conningsby then Sheriff, came to St. Albon, 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 Bailiff read it, and it was done by his command. Saith further, That he received the Writ, and he was Sheriff and knew of no Ordinance, nor ever heard of any Order to prohibit 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 business: 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 fallacy is (upon the whole business) 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 rendering me liable to Sequestration, and that day & other days within doors, and without, took away all my goods and personal 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 appear upon reading the Causes thereof, in the proceed as aforesaid. And this is certified by the Country Committee, as the whole matter whereon they have pretended the sequestration of my real estate, so that I was not sequestered at all, but my estate irregularly and violently by them taken from me, for as they certify their concurring in Judgement with the Committee of Examinations, that Committee nor the House itself 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 several Ordinance for sequesterations, declaring the Causes of sequestration. The House of Commons gives power to that Committee only to inquire 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 covetousness, 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 Counsel, 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 own 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 compend 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 House of Commons, and the settled order of the Committee if self of 9 May, and so it could be no sequestration for my goods by the Committee of Examinations. And then the Committee of the Country for sequestrations, having no other ground to warrant their pretence of sequestration of my real estate, than the directions of the said proceed of the Committee of Examinations transacted unto them, as they in their Certificate express, the sequestration of my real estate as is pretended, can be no due sequestration, otherwise then of the personal estate, having an unjust rise and ground, (the said proceed only of the Committee of Examinations) which is all the cause of sequestration certified. Thus Brereton has compassed his ends upon my personal estate, something with favour give me leave concerning his Instruments that acted, they were all strangers, except one Andrews that was newly come to be Vicar of the Parish, they were appraisers and buyers themselves of all but the Cows and some Sheep that stocked the Lady at Cashobury, whither they were driven; their assistance were a pack of Women Inhabinants' in Tu●n-ball-street and Charter house-lane, whither the purchersers brought divers Carts loads of our goods, and in there acts so uncivil to my wife in that distress that they took her by neck & shoulders and turned her our from her Closet, and with reproachful language, but for desiring her Trunks might be opened and the goods valued, which they bought at a rate set on the whole room, and she having an old Coach which was some convenience for herself and children, with two of her own horses, such mean ones, as she could provide after several plunders of her horses to keep her husbandry a foot, and to draw her Coach sometimes these Gossip's had amongst their bargains to bring them to London, the other Merchants and Breretons AGents, as they called themselves, so totally rifled my house, that they did not spare the Cubberds out of the walls settled with the building, but tore them out, and the B●ns in my Buttery, and Beer-stalls in the Sellers, because too unwildie to go out of doors, they beat to pieces, and made them useless for any thing but the fire: The Beer in the Soller they turned off of the stands, threatening to let it about the house, to take away the barrels, and thus compelled her to buy at their rates to save the drink, and in all those proceed will not suffer her to know the valuation of her goods thus rend from her, or to have Inventory of particulars which she required of them. 1 Aprilis 1643. Ordinance. After these come the Committees and Sequestrators of the Country to act their parts for my real estate, and as before, not regarding to proceed upon causes in the Ordinance expressed of Sequestration, whether my estate were liable, or that their proceed may be justifiable, having no right to act but by the direction of the Ordinance, and their do in execution and performance of the Ordinances, and instruction upon the Ordinance where doubt is, whether comprehended within Ordinance to certify the same to the Committee of the Lords and Commons for farther directions. Thus in the 3d. Instruction, and reitterated in the 13. Instruction. 19 August 1643. Ordinanee of Explanation. Within compass of Sequestration, to sue and molest for doing in performance of the Ordinance, the Committee and Sequestrators to deliver an exact Inventory to the owner, subscribed under all their hands, of all estate whatsoever. To make due appraisement by two skilful appraisers, men of quality, and known integrity. The Committee of Lords and Commons to receive no Information against the Committee of the Country, till the matter certified under the hands of two or more of themselves, or refuse to certify the special matter, or Certificate cannot be had, Indemnity and protection for doing in pursuance of this or the former Order for Sequestrations. By colour of Sequestration these Committees enter injuriously on my real estate and Rents at Northmyms, from the time of Breretons his agents taking away all my goods, May 1644. full five year and an half, most part of this time I continue in Goals, cannot, nor have not the means to act in my own business, and to acquit myself from these heavy and long continued injuries; cannot get my wife to endeavour the means of my relief, but content with that poor pittance, a fifth part meanly performed to her; My son notwithstanding my often and earnest desire to seek to bring my Cause to a right understanding: Answers, he dares not meddle in it for fear of hazarding to bring himself into troubles; and rather though against my mind, and desiring him not to meddle with my estate, becomes Tenant to them, and so becomes a countenance to the injuries and unjust actings against me, my estate going thorough his hand into theirs, and for reason pretends regard to his own Interest to the Reversion, to preserve the estate from waste to be committed, and the rather because of my sickness and infirmity, contracted by my long imprisonment, and the weakness of a wasted body, ever since May 1645. and my son, as is aforesaid, procuring liberty for me to go into the Country, and that I was at so much freedom to consider my own hard condition, and the way I conceived best to seek relief. I sent often to the Committee to require an Inventory of my estate they had received according to the Ordinance, and likewise to demand Certificate of the special matter of their so pretended sequestration, to be directed to the Committee above, that so I might use my best endeavour for remedy, which they denied me in both, and so delayed my proceed to keep my estate still in their power: and my son before my coming down having contracted with them for a year to hold the moiety of my estate at a Rent, for the other moiety was in extent upon a Recognizance of 1000 li. which I did enter into long since to one Silverlocke, and the Committee of Lords and Commons, as by their Order may appear, Ordered that in case the Committee did not satisfy him his principal and Interest, to the discharge of the full debt, to permit him to take his benefit of the Recognizance upon the Lands under Sequestration liable thereto; whereupon Mr. Ja: Cambell and my son who married Mr. Cambels' sister, in May 1646. paying Silverlock 860: li. and to prevent some inconvenience that might fall among us upon Agreements and Covenants upon my sons marrying, being after the time of the Recognizance entered into by me, had the Recognizance and extent by Silverlock assigned to them. Of this more anon. Out of my son's agreement with them to hold the first moiety at a rent, with so much abated of the Rent as was computed a fifth part, his mother and he agree upon such a quantity of the said Land, to keep that little stock of Cows she had, the best subsistence to herself and family: my son in the mean time pays at Lady day half the Rent, and some other part after, and requires an abatement for Free quarter, amounting to as much or more than 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 four yeerling Bullocks, six of the seven being my wives own Cows, and 3. of the 4. and drive them to St. Albon. The same day I went to St. Albon, demanded the goods to be restored; it is denied by King: I took out a Repleve, which King would not have obeyed. Hereupon I meeting the Cattles in the highway, did drive them back again: and by the provision in the Ordinance, upon pretence of Rent, the Sequestrators remedy is but the same with a Landlord, against whom a Replieve by Law lies. Next day the 23. of Septemb. a Foot Company of Soldiers of the Army, King hiring them, are sent without any Officer, but brought by Latemer and Ireland early in the morning, pretending the Lord General's Warrant, with Muskets shoot and break open the doors of my house before any demand, or showing any Warrant, break open Chambers, rob them of money and other goods, enter my wife's 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 disgraceful usage that malice could direct, carried me prisoner to St. Albon. Lattemer commanded in chief that party, that out of the same Field they took them the day before, take the Cattles again, and drive them to St. Albon. My wife comes to St. Albon, 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 Cattles were delivered for this time. Saturday 14. of Octob. I repaired to the Committee, required as by the Ordinance a Certificate, and an Inventory; the Inventory is denied by King, for he mannages the bag, the Certificate by some of the Committee less 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 restless 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. Albon: 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 Cattles 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 Cattles 80 li. For this being my wives proper goods by the rule of Sequestration itself, 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 indemnity, I am summoned to appear July 25. the matter not coming to hearing that day, I attended the 26. day; no call of the Cause that day, I attended the 27. day till after 4. in the afternoon, when it was given out the Committee would not sit that day, and the Officers confirmed it, and I went away; and after there came a Committee and sa●e, heard this and another cause of Complaint against my son and Mr. Cambell by a Tenant of those Lands, under the extent that will not pay his Rent, and is run into great Arrears, and for taking their legal 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 itself 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 birthright, their property in Freehold: O tempora, O mores, whither, to what, are we upon this precepise, are we going headlong into wilful 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, aught 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, Bailiffs, 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 lawful to, and for all persons aforesaid, their Heirs, Executors, Administrators, and Assigns, to plead the general Issue that they are not guilty; or any other general 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 tried, as sufficient to maintain the said general Issue: And if the Verdict shall pass with the Defendant, or Defendants in any Action, Bill, Plaint, or Suit, as is aforesaid, or the Plaintiff, or Plaintiffs shall be nonsuit therein, or suffer any discontinuance thereof, the respective Judges and Justices shall award to the Defendant, or Defendants triple 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 Sheriffs, Mayors, Bailiffs, Juror, Officers and Ministers of Justice shall do according to this Ordinance, or in pursuance thereof, they shall be justified and saved harmless 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 poor and not able to defend a Suit at Common-Law, or may find themselves aggrieved in the proceed 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 trial, make their complaint to. Thus far the Ordinance as to the material parts, and laudable as in the true intention to determine 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 man's judgement be otherwise understood, but only for the time past, and merely 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 guide causes of that nature, and those are by Commits empowered 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 less a Son of the Commonwealth lineally descended from Magna Charta to all liberty and benefit of the Laws, and may most properly seek his remedy by appeal heretofore to the Committee of Lords and Commons, and now renewed by act to the Honourable Barons of the Exchequer, to receive and determine upon all appeals, where my appeal 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 indemnified, and therefore those Ordinances to the end the parties authorised 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, entitled, Instructions for the Committees for sequestration of Delinquents estates, that wherein 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 Appeal, 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 Indemnity, who are to indemnify because complained to, and have not another ear to judge upon reason, and indeed not power by their Ordinance to do otherwise, and though the Ordinance in its plain English intent not causes original to this Committee, but to trials at Law, and upon pleading the general issue, and the Ordinance for evidence upon a just and legal trial by 12. of the neighbourhood trials, will have a fair and right understanding, and at second hand be better fitted for indemnity if there be cause, (and the Ordinance cannot intent but as is set down in cause of being poor) But that upon all Complaints, Orders to fly out into all countries', and in all Causes to fetch up men to a slavish attendance, and merely to bring grists to the Clerks mill, who to all men's deserning has too saucy an influence on his Masters of that Committee, even to a busy forwardness, 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 poor, but better able to defend the Suits than myself. 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 business (so enraged they are in villainies) that they have carried a great quantity 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 superseding proceed at Law, upon both several Suits at Law thus expressed by the Committee man Allen, we must indemnify our servants. There is likewise one Mr. Leman a Member, I know not whether a Committee-man of this Committee, but the promoter of these men's complaints to the Committee, who in some degree knows (if they be not birds of a feather) that it is a doubtful measure, or a measuring cast, whether King his ignorance or insolence lies nearest the Jack; But no question, if weighed in Allens Scales, his malice would hold weight to both. And I 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 posterity, is the protection of the Laws, that in this case against my no other but lawful Application to be judged by the Laws, he should thus fare countenance such sheep biters, for men in the trust of such actings, and so well able to justify 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 remedy for the poor, 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 honesty, to be a Judge in their causes. But these two put me in mind of an observation, that wise man Lord Egerton, Lord Chancellor of England had upon the Laws, and trials by Juries, that the Laws were the just ballast of doing every man right, that trials by Juries when and where men's 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 trials were mostly 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, , or whatsoever came under such trial, and in some cases in all, I do verily believe, 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 indemnity, where I have in obedience to their Orders so slavishly waited, and been bitten in my self, and in my concern now four several times by Orders; and it shall be of the manner of proceeding to hear Causes, for the matter as Allen says, they must indemnify their servants who complain, and prove the matter complained on, and de facto prove it, for it is chief for being sued at Law, this is record; and that it is so, is cause that must be indemnified, 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 entrusted 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 always open (without any withdraw) if in Arbitrary Courts the Judgement given in open Court, in hearing of both the parties on both sides, and Counsel and Testimony of all hearers of the whole proceed. In trials 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 entered to be a Record 〈◊〉 them in open Court sitting. Now Mr. Allen, it would better become you to refine gold, the precious jewel 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 years. But this is gold in a Swine's snout, and so I leave you. Thomas Conningsby. FINIS.