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

To the honourable the Committee of LORDS and COMMONS for Regulating the Army.

The humble Answer of EDWARD KINGE of Grays Inn in the County of Middlesex Esquire, to the false scan∣dalous and malicious information of William Bury, Norrice Cave, Thomas Lister, John Archer, and William Savill, Committee-men for the County of Lincolne; occasioned by a charge given to the Iury at the quarter Sessions of the peace held at Folkingham in the parts of Kestiven in the County of Lincolne upon the fifth of October, 1646. By the said EDWARD KINGE.

THis Defendant saith, That he hath been always active, diligent, and forward to put in exe∣cution all the Ordinances, and Orders of Par∣liament; and to possesse the Subjects of this Realm with a right understanding of the De∣clarations, Protestations, Oaths, and Cove∣nants, set forth by both Houses of Parliament; and of their loyalty and fidelity to his Majesty; and their justice & zeal to maintain the Rights & Liberties of the Subject against al Arbitrary proceedings, & unjust oppressions, by any instruments whatsoever: And hath ever been much agrieved, and doth think it strange, that after so many Declarations, and solemn Protesta∣tions made to God, and the people, by both Houses of Parlia∣ment of their said resolutions: That some of the Committee for Lincolnshire should hope to receive incouragement to issue out the Warrants hereafter expressed; so contrary to the Laws of the Land; the Ordinances, Orders, Declarations, and Votes of Par∣liament; and so full of danger, and inconveniences to all the Sub∣jects of that County, (which if admitted) will be a heavier yoke

of bondage upon the people then that of Ship mony, the high Commission, or any other illegall charge which hath been taken away this Parliament as intollerable grievances. And for that it is pretended, that the said Warrants and arbitrary proceedings of the Committee, are warranted by the Ordinances of Parliament, by which they act; This defendant saith, that for the clear mani∣festation of the untruth thereof, he humbly prays the Judgement of this honourable Committee, the said Warrants being in these words; Many of them concerning personall differences be∣tween party and party, the which by severall Votes of the House of Commons they are prohibited to intermedle with.

To Thomas Boxolme of Fulletby.

1. WHereas Iohn Gell of Houghton in the Moore, was or∣dered by us to pay unto you a debt upon a Bond of twelve pounds, which he paid accordingly; and you refuse to de∣liver 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, or otherwise to ap∣pear before us upon December 6. next, to shew cause to the con∣trary; And hereof fail you not in any wise.

Given at Lincolne, November the 16. 1644.

To the Mayor, Bayliffs, Constables; and the Inhabitants of Great-Grimesby.

2. BY vertue of an Order to me given by the Right Honour∣able the Lord Willoughby, Lord Lieutenant for this County of Lincolne; These are to charge and command you, and every of you; that immediately you do bring into Arbye one fat Ox, or two Bease, price 6l. 6s. 8d. 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. Sep∣tember, 1649.

Nehemiah Rawson, Scout-Master-Generall.

You are likewise to bring in this day one chaldron of Oats and a quarter of Beans.

3. FOrasmuch as it appears unto us upon hearing and examina∣tion of the differences between Bridget Martindale Wid∣dow, and Thomas Gill concerning certain Lands in Morton; That the said Bridget was, and is lawfully seized for term of her life, of certain Houses and Lands in Marton by deed of Joynture made before her intermarriage with Robert Ives, late of Marton, her former Husband, And of all other the Lands of the said Ro∣bert in Marton aforesaid by his Will, who dyed about twelve yeers since; And that the said Bridget hath peaceably and quiet∣ly enjoyed the same, till within these two yeers; Thomas Ives son of the said Robert, taking advantage of these troublesome and distracted times, violently entred into the possession thereof, and outed the said Bridget; the said Thomas dying soon after, Tho∣mas Gill married his widdow, and relict, and so without any colour of title doth still keep the possession thereof, contrary to the peace of the County; The peace whereof we are enabled to keep by vertue of an Ordinance of Parliament in that behalf made; These are therefore to require, and command the said Thomas Gill and his Wife, to avoid the possession of the premi∣ses by munday next, and to suffer the said Bridget quietly to en∣joy the same as before these troublesome times she did, untill by due course of law the title may be further tried, and she evicted, Fail you not herein at your perils.

Given at Lincoln this 11. day of July, 1644.

To the Constables of Kirksteade and either of them.

4. THese are to require you, and either of you, to bring before us at Lincoln on Tuesday next, the body of Iohn Willi¦amson of your Parish, and with him one black-brown Nag in his possession, the proper goods of Robert Goldinge of Dunston; to the end that justice may be then done by restoring the said Horse to such person as upon proofe we shall see him justly to belong, therein you may not fail.

Given at Lincolne this 18 day of March, 1645.

To the Constables and all other the Inhabitants of Great-Steepeinge.

5. WHereas by Order of the 30 of July last, we setled the possession of a House and forty Acres of land in great-Steepeinge which Henry Neave Clerk, whose ancestors and himself had continued the possession thereof above thirty yeers, untill by force Richard Forman and Philip Danks en∣tred the possession thereof since these troublesome times, and held the same notwithstanding our Orders, untill upon further Warrant they were brought before us for their contempt, and one of them ingaged himself to deliver up the possession thereof: but the other hath absented himself, and put others into the pos∣session of the premises, who riotously have entred thereinto, and by maintenance hold the same. These are therefore to re∣quire and charge you, and every of you, that you bring or send in safe custody unto us at Lincolne on wednesday next, the bodies of Nicholas Rawson and his Wife, and all other persons who do withhold the possession of the premises, or any part thereof from the said Master Neave, there to be proceeded against for the con∣tempt of our Orders: herein you may not fail at your utmost perils.

Given at Lincolne this 30 day of August, 1644.

To M^r Broxholme of Fulletby and John Marshall of Reasby.

6. WHereas William Hodgeson of Ashby prerorum, is as∣sessed severall sums of mony towards the weekly as∣sessements, which he is willing to pay, but is disabled for that his just debts are by you withheld from him, which debts by Or∣dinance of Parliament we are inabled to leavy. These are there∣fore to require and command you, and either of you, that you forthwith pay and satisfie the said William Hodgeson all such monys as are by you, or either of you, to him due and owing, or shew cause to the contrary before us at Lincolne, on thursday next the 27 of June instant; if you fail herein you will fall into contempt of the High Court of Parliament, and be proceeded a∣gainst accordingly.

Given at Lincolne the 21 day of June, 1644.

To the honourable Committee at Lincolne, The humble Petition of Henry Pepper.

SHewing, That whereas the Petitioner having put into the hands of one Richard White, upon some consideration, the sum of one hundred pound; the manifold debts, charges, Asses∣ments, and other necessary duties continually pressing your sup∣pliant for discharge: forced him to demand his said 100l. of the said Richard White, who neglects and delays the payment there∣of, to the great hurt and prejudice of the Petitioner, who not receiving the said mony, is altogether unable to pay his Asses∣ments and other duties, &c.

May it therefore please the honourable Committee to or∣der, that the said Richard White give satisfaction to the Peti∣tioner concerning the said 100l. or be caused to appear, to shew cause to the contrary; and your Petitioner (as he ought to do) shall still pray for your prosperity and happinesse.

To Richard White of Markeby.

WHereas Henry Pepper of Billisby Gentleman, is assessed severall sums of mony for his fift, and twentieth part, and towards the weekly Assesments, which he is willing to pay, but is disabled, for that the sum of 100l. from you to him due, and owing is by you with held from him, which debts we are inabled to leavy for payment of monies assessed. These are there∣fore to require & command you forthwith, to pay & satisfie the said Henry Pepper the said sum of 100l. that he may be thereby inabled to pay his said Assesments, or to shew cause to the con∣trary before us at Lincolne on Fryday the 19 day of this instant July; If you fail herein, you will fall into the contempt of the high Court of Parliament, and be proceeded against accordingly.

Given under our hands at Lincolne this 12 day of July, 1644.

Upon this Warrant, White appeared, and having given in∣structions to Mr. Archer to be of counsell with him, Mr. Ar∣cher at this sitting refused the Chair, where he constantly prosi∣ded, takes another fear, and professeth himself of counsell with the said Richard White, and pleads against the Petitioner, and

his own Warrant, and procured a reference to Mr. Mussendine, and Mr. Woolley two of the Committee; and not long after Mr. Archer being in the Chair, dismist the cause.

To Henry Winge, Gregory Wraw, Thomas Palmer, and Thomas Kyme, Assessors and Collectors of the third four Moneths assesment, charged on the towns of Temberland and Martyn, and every of them.

7. VVHereas upon hearing of severall the Inhabitants of both your said Towns on the 15 of May last past; It was ordered, that to prevent all further differences that might a∣rise between the said Towns, touching the unequall assessing of them; That the Town of Timberland with the tithes thereof, and the Town of Martyn with the tithes thereto belonging, should be equally assessed, untill cause should be shewed to the contrary: Now there being no cause offered to the contrary; We do charge you to divide the sum of 29l. — 5s. equally upon the severall Towns, that is to say, the sum of 14l.—12s.—6d. upon each Town; of which you are to give account according to our former Warrant, and observe such directions in leavying the same as therein is directed: Fail not at your perils.

Given at Lincolne this 8. day of June, 1645.

And this defendant doth further declare, that Mr. Archer, Mr. Lister, and some others of the said Committee, have impri∣soned, beaten, and evilly intreated their fellow subjects, disinhe∣riting them of their lands, spoyling them in their goods, and re∣straining them of their liberties, contrary to the great Charter, the law of the land, and the Ordinances of Parliament, as by these particulars following may appear,

Thomas Lister Esquire, having lands in Rowston, (where this defendants tenant Thomas Cooke liveth, (who was an Assessor) refused to pay his taxes, whereupon the said Cooke complained to Mr. Archer, and some of the Committee then at Grantham, and delivered to them a Letter from the said Mr. Lister, in these words,

Gentlemen,

THat my grounds in Rowston might not lie unserviceable to the Common-wealth, I have given order for the disposing of them, undertaking to discharge whatsoever shall be layd upon them by taxes for the Parliament. I therefore desire that you will take my ingagement for them, and that no other may be questioned for them, which shall be faithfully performed by

Your humble servant, Tho. Lister.

Lincoln, April 19. 1645.

But this letter notwithstanding, Mr Archer and some other of the Committee imprisoned this Defendants Tennant at Gran∣tham for five weeks, for not paying the said Master Listers taxes, which was maliciously done to force this Defendents Tenant from his habitation, and he was so unjustly terrified by some of the Committee, that this Defendent was constrained to take 25l. rent per annum of him, that he might abide in his house, though formerly the Defendent leased the same to him for 58.l. per an. and upwards, and the said agreement yet in force.

1. Master Archer and Mr Hall two Committee men sent a Warrant to Thomas Gill to appear at Lincoln and Answer such things as Bridget Martindale should object: upon his appearance Master Archer asked him by what Title he held the Land, &c. Gill replyed he held it for his Wifes child being heir at the Com∣mon Law, Master Archer said here is a Joynture in writing, un∣lesse you can disprove it, she shall have the Land, to which Gill replyed, he could prove, it was not sealed or delivered in her hus∣bands life time; Archer replyed if you bring twenty witnesses, he not hear them against the deed, whereupon Gill desired he might have a tryall at Law; Archer answered unless youle yeeld the possession you shall not, and none shall have the hearing of it but our selves: Gill told Mr Archer that his predecessor was troubled in the Sessions at Sleaford formerly about it, and that the Bench had referred it to a tryall at the Common-Law, to which Archer replyed. They may do what they will; But we will do what we list; and when Gill refused to yeeld up the possession accor∣ding to an Order of the Committee, he was sent for by Warrant

to Lincoln, where Mr Archer committed him to prison, where he lay fifteen weeks, fell very sick, was at 13. s. 4. d. charge by the week, his wife frighted with souldiers fell sick likewise, and they lost the greatest part of their crop by this unjust usage.

2. The Assessors and Collectors in Kestiven for the three mo∣neths tax ended, Jan. 1643. were after the expiration of the said Ordinance in the year 1644. by beatings, imprisonments, and distresses compelled by Mr Archer and some of the Committee to pay the same to their treasurer, to the dishonour of the truely ho∣nourable the Earl of Manchester, who had by speciall directions formerly freed that part of the County from those payments in re∣gard Colonel Crumwell had been quartered amongst them.

3. October 1644. A gentleman being in the Committee cham∣ber at Lincoln, was present when two Collectors of a Town which was within six miles of the Enemies garrison of Newark, having Collected the greatest part of their money, and intreated much that they might have time from Wednesday morning untill Fryday, either to Collect or borrow the remainder, could not ob∣tain it, but to prison with them; take them provost Marshall; who violently haled them with some five or six others to prison for the same cause; The Gentleman knowing (the first two) past his word for them to see the money paid at the day; at which some of the Committee were very angry with him, for breaking the Order of that board; the other Collectors went to prison.

4. Mark Barnes, servant to the Lady Carr, being at Grantham the 12 of Novemb. 1644. was sent for before some of the Com∣mittee there, and 9.l. demanded of him for taxes due for Sir Ro∣bert Carrs Land in old Sleaford; the said Mark told Mr Archer that Colonel Rossiters horses eate the grounds; that his Masters Wood was felled by the Parliaments Forces; and the house burnt upon their leaving it; but Mr Archer not having patience to hear him speak, committed him to the Goal where he lay untill he bor∣rowed 9.l. and paid it.

5. May 1645. Some of the Deputy Lieutenants of Lincolnshire by virtue of the Ordinance of the 3 of July 1644. for putting the Associated Counties of Lincoln, Suffolk, &c. into a posture of defence for the preservation and safety of the Counties, summoned the Inhabitants of the hundred of Elloe together where the major

part of them did propound and nominate Edward King Esquire for their Colonell according to the Ordinance, and delivered a writing to Thomas Lister and some other of the Deputy-Lievtenants then present to declare as much; at which M. Lister was offended, and said, if he could do any thing in the County, Colonell King should have no command there, and at such time as the Persons aforesaid propounded and nominated Colonell King for their Officer; Thomas Lister replied, that if any cryed (a King againe) he would clap them by the heels, notwithstanding all which, Colonell King was freely propounded, and nominated, and so acknowledged under the hands of some of the Deputy-Lievtenants; but in regard the said Deputy-Lievtenants re∣fused to approve and allow the choice, the Countrey was not put into a posture of defence, but wasted, destroyed and plundered by the Enemy, contrary to the just and honorable intentions of the Parliament.

6. Lands in Boothby were taxed, the party named in the Assessement was neither Tenant, nor Occupier of the Lands, who thereupon repaired to Lincolne to M. Archer, and some of the Committee to acquaint them with the truth of his case; after he had made it knowne to M. Archer, he presently trebled the sum upon him for not payment, and the Marshall being present, he said, take him Marshall; whereupon he was constrained to pay the treble, and complaining of this abuse to M. Disney one of the Committee, he went and searched the booke, and told him, that the single Assessement was onely entred.

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 Assessements, and had not goods whereby to be distrained, were committed to pri∣son by M. Archer untill they paid them.

8. One of Heckington being much oppressed by free quar∣ter, and having forty quarters of corne taken from him, com∣plained to the Committee at Lincolne, where M. Archer re∣viled him, called him knave, and in angry manner bad 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 Co∣lonell Cromwell (now Lievtenant-Generall) informed the House of Commons of the same, whereupon Die Luna, 22. Janu. 1643. a Committee was nominated to take into consi∣deration the miscarriages informed, &c. 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 Kingdome increasing, and Colonell Cromwell being commanded to his charge, no proceedings were made in the same; whereupon divers of the Commit∣tee-men, as M. Archer, M. Lister, &c. returned into the Countrey, and being sharpened and in raged by the complaint against them, imprisoned, spoiled and destroyed the poore Inhabitants of the County, under a faire and specious shew 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 Earle, and William Godfrey who had voluntari∣ly contributed money, horse, aid, and assistance towards the maintenance of the Forces raised against the Parliament, and are puliquely knowne to be notorious Delinquents; and cau∣sed this Defendant and divers others, who had served the Parliament faithfully, to be disgracefully put out of all com∣mands or employments for the publique, by which means our estates became subject to, and were unduly taxed by Delin∣quents, who by the said Committees were nominated Asses∣sors; the which burthens being intollerable, a humble Re∣monstrance subscribed with above 3000. hands of the Com∣mons of the said County, was presented to the House of Commons, and Die Mercurii, 6. Novem. 1644. it was Orde∣red, that the Remonstrance be referred to the Members of the House that are of the Earle of Manche••••ers Association; where the Petitioners attended many weeks, and after the

expence 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 orderd to have thanks given him, and to return into the Countrey, the which was very unexpected, and put the Peti∣tioners and the whole County of Lincolne into an amaze∣ment; since which time the said M. Archer, Lister, and some other of the Committee, have continued in Lincolneshire, and being Committee-men, to the dishonour and scandall of the Parliament, have not restrained men of unsound doctrine to preach, though not ordained Ministers, nor allowed for the triall of their guifts, as by both Houses of Parliament was ordained; have oppressed, and tyrannized over the people, wasted the treasure of the County, and consumed the estates of Delinquents, by their mis-government, letting them to the Owners, and Malignants, abusing the Honor 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 cryed out under their oppressions, and were ready to dispaire in the Justice of the Parliament, this Defendant, according to the duty of his place, did openly deliver for the Honor of the Parliament, and for the quiet and satisfaction of the people, a Charge to the Jury at Fol∣kingham-Sessions in Lincolnshire to this effect:

MY Masters of this Jury, being called to this publike ser∣vice, I am resolved this day to set before your eyes the wisdome, 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 them∣selves for the preservation of our Religion, Laws, and Liber∣ties, and that done, your selves and the world be Judges how sutable the actions of those have beene, who contrary to their pious & just intentions have suffered heresies to be open∣ly taught amongst us, and laid unsufferable burthens upon us, by misusing, altering and subverting the Ordinances of Par∣liament. When we first tooke up armes in our owne just de∣fence against the will of our Soveraigne, seduced by wicked

councellers, it was, as the Parliament solemnly protested, and vowed, and by Covenant ingaged us to believe, for the de∣fence of our Religion, Lawes, and Liberties, such was their zeale 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 pu∣nishment if they obstinately refuse it? The Parliament in the time of greatest danger, declared themselves tender of our Lawes, and Liberties, they laid no tax or assessement upon us, untill we refused to help our selves by voluntary contributi∣ons, and when they did it, they assured us, and did protest in the presence of the all-seeing Diety, that their onely end was to provide for the publike peace, and prosperitie of His Ma∣jestie, and all his Realmes, to preserve the Religion, and Li∣berties of the Kingdome, 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 shewes. When they were in danger to be baffled, and injured by a malignant party, who had no re∣spect to the Lawes of the Land, they excited the well-af∣fected persons to contribute their best assistance according to the solemne Vow and Covenant, and did declare, that who∣soever should bring in money, plate, horse, &c. should do ac∣cording to their duty, and that the same should not be em∣ployed upon any other occasions, then the maintaining the Protestant Religion, the Kings Authority, and his Person, our Lawes and Liberties; all which the Parliament in seve∣rall Declarations, prest upon us, as being answerable before God, for the neglect of them; they wrastled earnestly for our Lawes and Liberties, being assured that mens 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 dishonorable thought of the Parliament, who have so solemnly lifted up their hands to the high God, as to feare they'l not maintaine the Lawes of the Land, but suffer an Arbitrary Government, a thing every honest morall man abhors, to be introduced upon us, and in truth such an act, as no rationall man can believe the Houses

of Parliament will be guilty of? who can imagine (as them∣selves have declared) that six hundred men of equall power should agree in acts of will and tyranny, or that the Nobili∣ty and chief Gentry should conspire to take away the Law, by which they injoy their estates, are protected from acts of vio∣lence and power, and differenced from the meaner sort of people? For my part, though my owne and others suf∣ferings bee 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 faithfull to the Covenant; and that you and I might now obtaine justice, if wee would contend for it. What though some of our Egyptian task-masters compell us to make bricke without straw, and beat and imprison us without fault; what though they governe us by an Arbitrary, and Tyrannicall Power, and tread the Covenant, Ordinances, and Declarations of Parliament under foot, insomuch that they are become like juglers knots, fast and loose at the will of some men; shall we therefore deale falsely and treacherously with our God and the Parliament, and our selves in the Covenant; and Esau-like sell our birth rights for a Messe of pottage? God forbid; I am assured, if at this time I should aske you whether you would part with your God, and Liberties or not, you would answer me, no: but you have in a great measure par∣ted with your God; and others with a high hand have inva∣ded your Liberties, by means of your own divisions; for durst any blaspheme God, or prophane the Sabboth, or suffer dam∣nable Doctrines to be taught; or durst the proudest subject in this Realme beat, imprison, and exercise a tyrannicall pow∣er over you; if you would according to the Covenant ad∣here together, that such who thus dishonour, and injure the Parliament and oppresse you, might be brought to condigne punishment; if you will take example of a dying man, I'le tell you the story; The Father lying sick upon his death-bed caused his quiver of arrowes to be brought unto him, and that done, sent for his Sonnes, who standing about his bed, he delivered the quiver of arrowes into the hands of his eldest

sonne, and commanded him to break them, he took them, and replyed, Father I cannot; he then delivered them to each son severally, with a like command, and they answered as the eldest had done; he then 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 then delivered ano∣ther to his second son, and so to each, who did as the elder Brother had done; and so all the arrowes became broken. Ile leave the application to your selves, be you wise as Ser∣pents, 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 beefes, muttons, bacon, corn, hay, &c. from you, and ordering souldiers to have free quarter a∣mongst you, though they collect from the Countie monies sufficient to satisfie their pay; if you would enquire after ju∣stice, and not cease to prosecute your complaints, and grie∣vances in a just, and legall way, untill they were heard, and redressed, durst some have betrayed your lives, and estates into the enemies hand, by unworthily deserting you in the time of your greatest danger; and that after they had levyed 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 impriso∣ned you for monies, which should have been taxed, when the Earle of Newcastles Army frightned them? ruined you, and possest 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 yoake? durst some of the Committee-men, and Deputy-Lievtenants have denyed to put you into a posture of defence, according to the Ordinance of Parlia∣ment,

thereby to have preserved you from ruine, and plunder of the Enemies? or durst at this present some of the Com∣mittee leavy a ten moneths tax upon you by colour of the Or∣dinances for Sir Thomas Fairfax his Army, which imposeth only twenty moneths tax upon you; when they have already leavyed two and twenty moneths, being two moneths more then that Ordinance imposed on you; besides other undue taxes of monie, corn, and free-quarter, to boot, during the selfe same moneth? durst any keep the Ordinance for seque∣stration, as a rod over their backs, who are well-affected to the Parliament, to compell them to beare the iron yoake of their arbitrary and exorbitant proceedings; if you had not (like unworthy English-men) sold your selves to their bon∣dage, and slavery? have you read the story how Hanun u∣sed Davids servants; the text tells you he shaved off the one halfe 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 intrea∣ting them so vilanously; All I say to you is this, look about you, and see whose beard is not shaven, 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 legall remedy against them. This day you have taken an Oath to present all things given you in charge, and that without respect of Persons; the Law certainely wil con∣quer the greater, as well as the lesser offenders; Justice is pain∣ted blind, that she may not distinguish of persons, the sword is put into the Rulers hand to execute wrath upon him that does evill, and our God is a righteous Judge, I may say with David, the Lord never failes nor forsakes those that put their trust in him; why then should that curse which God denoun∣ced against Meroz fall upon our heads? I know you neither will, nor desire to sell your selves, your wives, your sonns, and your daughters into the hands of oppressors; it is for those onely who love such Masters, and will not go out free to go to the door-post, and to let their Masters boare their ears thorough with an aul, and to serve them for ever; for

my part, being now called to this place of Justice, and unex∣pectedly put upon this service to give the Charge, I'le never pay tithe of mint, and annise, and cumin, and when I have done contrary to my oath and duty, omit the weightier mat∣ters of the Law, Judgement, mercy and faith, if I perish, I pe∣rish; I will not hold my peace, whilst the Hamans of the times are working our distruction; what if few, or none that opposeth their arbitrary, and illegall practises, and compli∣eth not with them in their crooked waies escapeth unseque∣stred, or ruined, shall I therefore feare, and fly? I'le not dis∣semble and deal falsly with God, the Parliament and you, to save my life, my estate, &c. neither will I be terrified by menaces, or the injustice of malefactors, I know what became of Haman who had a wicked plot to destroy the Jewes, and offered ten thousand talents of silver, and pretended that the people kept not the Kings Lawes; our case is almost the same: was not this Countrey reported by some to the Parlia∣ment, to be generally Malignants? and are not many who are well-affected, dealt with as Malignants? Nay, have not some Malignants more favour then many of us? It was you the Commons of this Countrey under God, that upheld this Parliaments Authority here, and it is for your good that they sit in Councell: feare not then to maintaine your Laws and Liberties, we have a just God, and an honorable Parliament, in whose eyes there will be no respect of Persons; Accor∣ding to my duty, I shall this day put you in minde of two things, your duty towards God, and your duty towards your Neighbour: If you have regard to the first, present all Pa∣pists, Anabaptists, Brownists, Separatist, Antinomians and Hereticks, who take upon them boldness to creep into hou∣ses, and lead captive silly women laden with sinnes; Propha∣ners of the Sabboth, Swearers, Drunkards, Fornicators, Ido∣lators, Adulterers, abusers of themselves with mankinde, or with beast; If you regard the second, and desire that common right be done to all, as well poor as rich, without respect of Persons, present such as speake irreverently of the Person of the King, our undoubted Soveraigne, and if any man goe about to compasse or imagine his death it's Treason: to

counterfeit the great Seale, the Privie Seale, or money current in this Realme, is Treason: to kill or murther the Chancellour, Treasurer, Justices of the one Bench or other, Justices in Eyre, of Assize, Oyer and Terminer in their places doing their offices, is treason; to levy warre a∣gainst the King is treason; which is to be understood against his authority in the maintenance of Lawes, and Religion; not his illegall will and that Malignant party who now adhere unto him; to adhere unto the Kings Enemies within the Realme, or without, and declaring the same by some open act is treason, which you ought to present; All manner of Felonies you ought to present; such is Sodomy, Sorcery, Rape, Burglary, Robbery, Murder, Manslaughter, and stealth; offen∣ces with force you are to present, as Maimes, Batteries, false imprisonment, assaults, and menaces; False imprisonment is when one is committed against Law without lawfull power, Mittimus, commandment, Order or Warrant; Offences with∣out force you ought to present; such are nusances, deceipts, &c. Offences against the Statutes you are to present as, Ale-houses unlicensed, or disorderly ale-houses not observing their li∣cence; Ryots, Routs, and unlawfull assemblies you ought to present, such as have a plague sore and wilfully and contemp∣tuously go abroad, and converse in company contrary to commandment, you ought to present: Bribery and Extorti∣on you ought to present, Bribery is when any person for do∣ing his office, or by colour of his office, takes any fee, gift, reward, or brocage, being workers of iniquity; without know∣ledge, eating up the people, as they eat bread. Extortion is unlawfull exacting of any fee, or reward; an offence the of∣ficers of some Committees are highly guilty of, if the common voice be not a lyer; my Lord Cook tells us that the Collectors of fifteens were committed to prison for that they took of e∣very Town one shilling six pence for in acquittance, your selves best know what you have payd; and in what manner it hath been exacted from you; I have heard strange stories both of Excise-men, Committee-men, their Clarks, and Sequestra∣tors in this nature, if they be true; I should be glad to see them presented; you are likewise to present perjury which is

a willfull, and corrupt forswearing of a mans selfe. And it is twosold; assert: ut de praeterito, sicut testes, &c. seu permis∣sorium, de futuro, sicut Judices, Justiciarii, Officiarii, &c. if an Officer commit Extortion he is perjured because it is against his generall oath; but if a Sheriffe receive a Writ unsealed (as some have done) this is perjury, being against his expresse oath; if any person indite such offences, and the Jury wilful∣ly refuse to find them, the sinne is theirs, and the party that indited, or informed shall receive no dammage, whatever some ignoramusses have out of malice divulged to the contra∣ry. You now know what are offences, and I presume some of you that are of this Jury remember the offendors; Impri∣sonments and unkind blowes are not easily forgotten: Let it not then be said that you incourage wicked men; let not those whose houses are full of deceit who are become great, and waxen rich thorough bribery, and oppression, refusing to judge the cause of the fatherlesse, and the right of the needy, escape your presentments; If false teachers be among you, who privily bring in damnable heresies, and your governours have exacted corn, hay and money from you, shall it be said in a time of Reformation that my people delight to have it so? No, remember your Covenant, and the Oath you have now taken, provoke not the Lord to anger by sparing or concea∣ling any malefactor; but be bold, and of a good spirit, turne 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 She∣riffe of Lincolnshire, received a Writ for the Election of a Burgesse to serve in Parliament for the Towne of Grimsby, the which Writ being unsealed when it was delivered unto him, he refused to grant a precept under his Seale to the Mayor of Grimsby, taking no∣tice

it was against his oath so to doe, as by this Let∣ter may appeare;

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 appeares legible in the Labell, by my Oath as I take it, I am to receive no Writs but sealed, and though you write 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 councell 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 walke warrantably so neere 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 expresse himselfe

Your affectionate friend, Thomas Lister.

Lincoln 14. Octo∣bris, 1645.

Subscribed,

To the Right VVorshipfull Iohn Moore, Mayor of Grimsby, these deliver.

But this Defendant who stood for the place, being summoned up to London to answer a complaint sub∣tilly devised against him, the said Sheriffe to injure this

Defendant in his absence delivered a precept under his seale to the Mayor of Grimsby, upon that thing like a Writ, commanding him to proceed to the Ele∣ction of a Burgesse, and afterwards unduly returned Mr. William Wray; who at that time was an Infant, and beyond the Seas; the Mayor not sealing an In∣denture according to the Statute, the which this De∣fender conceiveth was against his oath, the Law of the Land, and Statutes of the Realme, and for so do∣ing the said Sheriffe ought to be punished.

This Defendent likewise saith, that by vertue of severall Ordinances of the Lords and Commons assembled in Parlia∣ment, there was monethly to be charged upon the County of Lincolne from the first day of February 1644. untill the tenth of October 1646. 2070. l. to be taxed, levyed and payed for the maintenance and payment of the Army under the imme∣diate command of Sir Thomas Fairfax, &c. and charges inci∣dent, to which Army the Regiment of horse under the com∣mand of Col. Rossiter, was and is belonging; And this De∣fendent saith that the Committee of Lincolnshire neither had nor have any power to assesse or levy any other sum or sums of money whatsoever for the maintenance of any other for∣ces in that County, other then as aforesaid: The which seve∣rall sums ought to have been divided and apportioned by the Committee of the County to be levyed upon the severall and respective Wards, Divisions, Hundreds, Layths and Wapen∣takes 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 severall persons within the Respective divisions, to be assessors of the said rates, which persons were required to assesse every person within their di∣vision, according to the Rate, and proportion in the Ordi∣nances mentioned; and to the end the said Rates might be e∣qually and indifferently assessed, and the mony duly collected, and a true account thereof made, the Assessors were by the

Ordinances required within six daies after the Assessement made to deliver one Copy of their Assessements fairly writ∣ten, and subscribed by them, unto the said Committee, and the said Committee were required to sign and seale three dupli∣cates of the Assessements, whereof one duplicate the Com∣mittees were to deliver to the Collectors with warrants to them to collect the said Assessements, 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 Kingdome as hath been ac∣customed in the Court of Exchequer in the case of Estreats of Subsidies, and now used in this assessement in all other Coun∣ties liable to it but ours, and two of the said Committee were to nominate one or more sufficient and honest persons in eve∣ry division to be Collectors of the said monies so assessed or ra∣ted; which Collectors were required to collect the said money so assessed, and if any person refused or neglected to pay the same, then the said collectors might levy the same by distress and saile of his goods. But this Defendant saith that some of the Committee of Lincoln having a greedy and covetous dis∣position to inrich themselves, dishonour the Parliament and abuse the people in contempt of the Ordinances of Parlia∣ment, never intending to give a true and perfect account of their doings, and proceedings, wholly neglected, and omit∣ted to sign and seale any duplicates, or in any due, or orderly manner to assess the same; but by an Arbitrary, illegall and tyrannicall power, some of the said Committee issued out a Warrant dated the sixth of September 1645. under the hand of Sir Richard Earle, Sir Thomas Trallope, Sir Hammond Whichcot, Francis Clinton, alias Fines, Edmund Ellis, and Cha. Hall, Committee-men for the County of Lincoln, and without any duplicate of an assessment signed and sealed; there was unjustly levyed 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 moneths, and by another Warrant as aforesaid under the hands of Sir Ham∣mond Whichcot Knight, William Disme, Edmund Ellis,

Will. Godfrey, Cha: Hall, and Richard Filkin, Committee-men for the County aforesaid, bearing date the sixt of Feb. 1645. there was levyed as aforesaid, the summe of 2070. l. per mensem, for ten moneths, and by another Warrant under the hands of Sir Richard Earle, Edmund Ellis, John Hobson, Richard Brian, John Archer, and John Dis∣ney, Committee-men as aforesaid, bearing date the 4. of May, 1646. there was levied as afore-said 2800.l. per-mensem for six months, which sums amount to 54300.l. wher∣as if regards be had to the Ordinances of Parliament, the said Committee ought not, neither can they justifie the levy∣ing of any more or other, by colour of any Forces whatsoe∣ver, then 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 re∣quire any the aforesaid payments, or to inforce the Inhabi∣tants 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 un∣justly and unduly laid upon them, and amounted to 12900.l. more then 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 souldiers im∣prisoned at Lincolne, and their goods taken from them, and this Defendants Estate sequestred, 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 severall Courts and Judicatories of the Kingdome, did sue out of the Kings Bench severall habeas corpus's, for the relieving of this said Defendants Tenants, and intends with the favour of this honourable Committee, to seek repaire and satisfacti∣on by Law. And this Defendant further saith, that a War∣rant being sent unto Marton and other Townes in Lincoln∣shire, for the levying 2070.l. per mensem more for ten months

dated the 7. of Sept. 1646. subscribed with the names of Ri∣chard Earle Knight, William Savill, and some other of the Committees, commanding the Collectors to pay the said mo∣ney to William Bury Gentleman, their receiver at Lincoln the one halfe upon the 25. day of Sept. last; the other halfe upon the 13. of Novemb. he this Defendant did write and subscribe the two notes shewed 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, unlesse the Committee could shew 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 Lincolne.

IT is ordered that the Lands of Col. Edward King in Row∣ston be sequestred, untill he shall pay his assessments due for the same upon severall Ordinances: And upon the 6. of October, the Ordinances for raising and maintaining of the Forces under the Command of Sir Thomas Fairfax being ex∣pired, and the power of that Committee determined, Wil∣liam Disnie, Moses Disnie, and William Godfrey, sent out a Warrant in these words:

To Edward Burnet.

COmplaint being made unto us, and also testimony given, that Thomas Cook of Rowston being appointed, an Assessor, Collector of the Assessement imposed on that Towne for six moneths, and foure moneths for mainte∣nance

of the Forces under the command of Sir Tho∣mas Fairfax, and having received a Warrant to that purpose, doth notwithstanding contemptuously refuse to make the said Assessement, to the great retarding of the service, not onely in that Towne, but in all the Townes adjoyning, by his ill example, for which he is fined forty shillings: These are therefore according to the said Ordinance to injoyne you to leavy the said forty shillings upon the goods and chattells of the said Thomas Cook by distresse, sale of goods, and in case of resistance, the soul∣diers quartering in the Towne, or thereabouts, are desired to assist you herein, for which this shall be sufficient War∣rant.

Lincoln, Octob. 6. 1646.

By colour of this Warrant Thomas Cook was distrained by souldiers, whereupon this Defendant advised his Te∣nant to bring an action at the Common Law, who de∣claring as much, the distresse was waived, and about two daies after a party of souldiers sent to Rowston, and the said Cook by force taken out of his house and carried to Lincolne, where M. Archer, and some others of the Com∣mittee imprisoned him untill hee 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, im∣prisonments, and threats, as this Defendant is informed, and hopes to prove, unjustly compelled the said Cook to assesse and collect the same, and taking upon them an arbitra∣ry and tyrannicall power, have since their authority was deter∣mined, oppressively and corruptly levied the sum of 20700.l. or a very great part thereof upon the County of Lincolne;

whereas in all cases of difficulty and doubt, this defendent con∣ceiveth, it is their duty, to addresse themselves to the honourable Houses of Parliament, and not by force and imprisonment, (in this manner) to destroy the Subjects of that County, whose suf∣ferings have been intollerable, and whose poverty is very great; by which unlimitted power the said Committee have levied 33600l. upon the County of Lincolne, very unwarrantably and unjustly, against the form and effect of the Ordinances of Parlia∣ment, to the undoing of infinite numbers of people; and the great dammage and wrongfull vexation of the Inhabitants of the same. At which unconscionable and unjust levies, this defendant is the rather agrieved, 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 75000l. besides the goods and rates of Delin∣quents 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 monethly assessed upon the County; And severall other devices set on foot to levy mony by colour of the Ordinance for Sequestrations. And yet the Soldiers have lived upon Free-quarter, contrary to the Ordinances and Orders of Par∣liament, 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 un∣der the command of Sir Thomas Fairfax; or any part of the said Army: the Horses, hey, corne, and goods of the poor Husband-men taken from them without price, the charges and expences of levying, Impressing, and conducting Soldiers, contrary to the Or∣dinance of Parliament, made very grievous and burdensome to the County by some of the Committee, when as the 800. Horse, sent out of the Easterne Association, was paid by order of Parliament, and 20000l. paid to the three Regiments of Horse under the com∣mand of Major Lehunt, Major Gibb, and Major Haines; and the Company of Dragoons under Captaine 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 monies, thus unjustly extorted from the poor people by the foresaid Committee-men.

And lastly, this defendant faith, that William Bury, John Ar∣cher, William Lister, and John Disney, by colour of being Com∣mittee-men shaking the ancient and fundamentall laws of this Kingdome, there being no Articles depending before the Com∣mittee against this defendant, being both his accusers and prose∣cuters here: and prosecuters and Judges in the country, have taken upon them by their discretion, to examine severall per∣sons against this defendent, 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 dammage and wrongfull vexation; which if not timely punished by the justice and wisdome of the Parliament, its not credible what horrible oppressions and exactions, to the undoing of infi∣nite numbers of the people, will be committed by this unjust and injurious power. For if this undue proceeding should be counte∣nanced against this defendant he hath neither safety in his life, right, nor property in his estate or goods, nor liberty in his per∣son, there being at this present, Warrants sent to severall persent in Lincolnshire under the hands of some Committee-men to ga∣ther 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, &c.

THese are to require and charge you, and every of you, all ex∣cuses set apart and delay, to make your severall appearance before us at Lincolne on Wednesday next, by ten of the clock in the fore-noone, to answer such matters as shall be demanded of you, on the behalf of the Common-wealth: hereof fail not, as you will answer the contrary at your perils. Given at Lincolne December 5. 1646.

Sturdivile appearing upon this Warrant, was examined as fol∣loweth.

Did Colonel Kinge hinder the assesments for the ten Moneths or not? did you demand it of him? how many children hath Colonel Kinge? 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 Wifes Mother.

The examination of Robert Prugeon taken at Lincolne December 9. 1646. before Will: Bury, &c.

THat I Robert Prugeon of Walcott do think in my conscience that the charge of Col: Edward Kinge given at Folkingham at the last quarter Sessions; wherein he spake of the second ten moneths Tax, for Sir Thomas Fairfax, of the illegalnesse of it, to be an hinderance to the said parts of Kestiven; not paying it to the Committees at Lincolne, 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 con∣trary to the law, in the absence of this defendant; who by or∣der of this Committee is commanded to attend here touching the same businesse, and cannot crosse examine them for his just de∣fence, ought not, as this defendent humbly conceives, to be admit∣ted as an accusation against him before this honourable Commit∣tee, nor he thereupon be taken, imprisoned, or put out of his free∣hold; neither ought he by the great Charter of this Kingdome, be put to answer the same; all which he referreth to the judge∣ment, wisdome, 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 defendent dismist with a just and honourable reparation.

EDWARD KINGE.

Decemb. 21. 1646.

FINIS.

Notes

• Ma. Whichcott Iohn Barnard. Tho. Nether∣cotts.
• Ham. which∣cot. John Archer. Cha. Hall. Alex. Emerson.
• Tho. Trollope. Tho. Lister. Vill. Savill. Iohn Archer. Cha. Hall. Edward Nor∣thrope.
• Richard Earle. Jo. Brownlow. Jo. Archer. Sam. Leigh.
• Ham. Which∣cott. Franc. Fines.
• Ham. Which∣cott. Tho. Cornwallis. Alex. Emerson. Iohn Archer.
• Ham. Which∣cott. Tho. Cornwallis Cha. Hall.
• The Charge.
• Nota.
• Tho: Lister left his Cou∣lours, Arms, &c. at Spal∣ding, upon a rumour that the Earle of Newcastle was coming into those parts; The which the Defendent marched un∣der, &c.
• The 2800.l per mensem ought not to be levy¦ed, being the County was not into a posture of de∣fence.
• Exam. per. Tho. Dowse.
• The Warrant illegall.
• William Dis∣ney. M. Disney. William God∣frey.
• Great sums of mony raised upon the Earl of Manchesters Ordinances after they were expired, which is not menti∣oned.
• Will. Lister. Will. Bury. Iohn Disney.
• This Prugeon is a knowne Delinquent.