Page [unnumbered]
For the King and both Houses of Parliament. BEING The Case of John Pollard of Steeple in ESEX truly stated, and the cruelty and injustice of his Oppressors fully declared and laid before you, to do justice therein, and execute true judgement, and relieve the oppressed.
IN the year 1657. I John Pollard was summoned to appear be∣fore the Barons of the Exchequer by Henry Robinson Priest of Mayland, in the Countie of Essex, whereunto I procured my appearance to be entred, and because my Answer to the said Priests Bill could not be accepted without an Oath, I was after∣wards arrested upon an Attachment of Contempt for not answer∣ing, and thereupon was committed to the County Goal, and there continued a Prisoner fourteen Moneths and upwards, that is to say till Michaelmas Term, in which Term I was removed from thence by a Habeas Corpus issuing out of the Upper Bench Court, and was thereupon committed to the prison of the Marshalsea by the pro∣curement of one Benjamin Maddox an Impropriator of Tithes of part of the Parish called Steeple, where my outward being is; and on the first of February following, a Declaration was left with the Door-keeper of the said prison, for me to give my answer to, where∣in the said Maddox demanded threescore pounds of debt for the creble value of Tithes for one year, the Rent being but about fifty pounds a year, at two shillings in the pound, which is five pounds in all; Whereupon before the end of the said Term I repaired to Thomas Jekills chamber, Attorney for the said Maddox, and he be∣ing not there, I left my answer in writing with his Clerk, which he received, and told me it would be as well, as if I had given it his Master; Yet notwithstanding the said Attorney soon after sued out an Execution to the Sheriff at the suit of the said Maddox, whereby the Sheriff hath taken from me twenty two dairy Cowes, worth one hundred and four pounds, for five pound Tithes; And the Chief Justice Glin being informed of the said Jekills proceedings towards me, He said, Strange, this cannot be: Then the said Glin asked Thomas Iekill who had confessed what he had done, then Glin asked Jekill whether I had given him a Plea in my own person; Je∣kill answered, that I did; Then said Glin, You should not have taken his Cows; for if he would not have an Attorney, you should have taken his own plea: and then Glin ordered that my own plea should be taken, and that the Judgement should bevacated, & that the suit should go to Trial the next Assizes, and that I should have my Cows again all that were unsold, and those that were sold the money should re∣main in the Sheriffs hands till further Order: in stead of which Order the Clerk drew up one which was opposite to it; so I went to Westminster Hall the next morning again, and there was Jekill and one of the Judges whispering together; a little after came in ano∣ther Judge, and then that other Judge with Jekill and the other Judge whispering together till Glin came, then Glin and the other two Judges whispered together a season, and when they had done I spake to Glin to this effect, Thou madest a very good Order yesterday, but they have abused thy Order, and have drawn up a contrary thing in stead of it: Then said Glin to me, Your plea cannot be taken in person, nor the Iudgement cannot be vacated, nor it cannot go to Tryal at the Assi∣zes; Thus John Glin made one Order one morning, and the next morning made it void again: and so because I could not fee an At∣torney (the use of whom was first appointed for them that were sick, or beyond Seas and could not appear in their own persons ac∣cording to the summons) therefore have I lost the value of 104. pounds for five pounds Tithes.
Not long after one Matthias Armiger a Farmer of part of the Tithes of Steeple Grainge aforesaid, seeing the said Maddox have such successe in making a prey on my estate, was encouraged to get what he could of me also, and while I was a Prisoner in the Upper Bench, where I remained five moneths and one week, the said Armiger sent a Declaration against me for two hundred eighty and five pounds, for two years Tithes of a Farm, being but a little above two hundred pounds a year Rent in the whole, though for∣merly Tithes were paid but for three parts of the said Farm in Stee∣ple to him, the Tithes of 3 parts of which amounts to about thirty pounds for two years Tithes, for which the said Armiger caused to be taken from me thirty five Cows and bullocks worth one hun∣dred twenty three pounds and ten shillings, which is seventeen pounds and ten shillings more then the Award made at the Assizes by the Jury: and the said Armiger sued for the Tithes of the whole Farm. And one Charles Nuttall Attorney to the said Armiger and two more men swore that the said Amiger had right to the Tithes of the whole Farm, upon which I was cast for the whole Farm an hundred pounds.
And the next morning, my cause being again called at the same Assizes before another Judge, the same witnesses came against me, and I charged the witnesses before the Judge of false swearing, and did desire that the under Sheriff might be called, and did produce my Declaration which shewed why my Cows were taken away by Maddox, and the Judge took it and read it, and did confesse that it was clear, that it was for one part of the Tithes of the whole Farm that Maddox sued for, and upon the same reason Armiger ought to sue but for three parts. Then the witnesses and one man did whis∣per together, then the Judge asked them whether they did sue for the whole or for three parts, and then they answered but for three parts, and the Jury brought in their virdict for three parts, one hundred and six pounds, although the other Judge and Jury gave him but one hundred pounds for the whole. And thus it may be noted, that Armigers witnesses that swore one day before one Judge that Armiger had right to the Tithes of the whole Farm, the next day before another Judge, being on their oaths, denied what they had sworn to, and said he had right but to three parts. And I declaring against Armigers Attorney for his false swearing, the Judge said I was upon the catch.
Also in the year 1660. the said Armiger brought another action against me (being a Prisoner in the Fleet) and he demanded one hundred ninety and two pounds for one years Tithes of the whole Farm, the Tithes of three parts of which Farm for one year comes to about fifteen pounds, for which he caused to be ta∣ken twenty five Cows and Bullocks worth about fourscore and five pounds.
So that for fifty pounds Tithes which was for lesse then three years, they have taken Cows, Bullocks and one Bull, to the number of four score and two in all, all which are valued to be worth three hurdred twenty two pounds, and returned nothing again, and the said Armiger keeps me and my Brother prisoners in the Fleet besides.
These things are laid before you who are impowred to do Iustice and e∣quity, seriously to weigh and consider, that you may shew mercy to the oppressed, and remove this unreasonable oppression which cryes in the Land, that these heavy burdens & this sad bondage may not alwayes lye upon the back of the Innocent.
John Pollard.
29. of the 4 th. Month, 1661.