I Thomas Conningsby of North-myms in the County of Hartford Esquire, having in the whole course of my life endeavoured the enjoyment of my Interest in this Common-wealth, alwayes in the rules of the known Laws and duties by me to be performed in a peaceable way, without any the least medling in the unhappinesse of these times, or gi­ving cause of so many deep sufferings to my utter ruine; and not con­scious to my self of any crime deserving such proceeding against me, by my malicious Enemies countenanced in the highest degree, being acts and proceedings against me, and the extreamest of unjust and hard usages by severall Committees in the Countrey for Sequestrations, and the Committees of Examinations and Indempnitie here above, exceed­ing and abusing the Power & Au [...] [...]f Ordinances, and Orders of Parliament, and causelesly [...] me in my birth-right, my Inheri­tance, propertie 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 its 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 capacitie 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 powerfull are the parties concerned over me (as in the sequell will appear) that all my just wayes in endeavouring my lawfull remedy, and submitting likewise to the judgement by Ordinances, or Orders of Parliament, instead of relief, the additionall 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 Sheriffe of my County by his Majesties Commission, 1642. under the great Seal and Authority then unquestioned, (a [...] the same that gave being to the Parliament it self,) by Writ and Commission in January [Page 2]1642. commanded to publish certain his Majesties 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. Albons causing a Proclamation to be read, peace­ably, and out of no interest of my own, but that duty and tye aforesaid; was seized by a troop of Horse, brought prisoner to London, not exami­ned or heard, sent prisoner to London-House Gaole: Now because punish­ments of so high a nature are a brand to posteritie of some foule crime and miscarriage, I offer this for my vindication to all the world, in the judgement of rationall men, where was the offence deserving the pu­nishment by a totall 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 kinde commanded from the Authority of this Seal, would not be counted a contempt of an high nature.

And first by a mis-guiding 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 Sheriffe 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 guiltlesse, and unknowing any cause.

Whereupon it is Ordered this day, Die Lune, 13. Martii, 1642. That the said Sheriffe 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 then close restraint, from the said 13. of March till 14. of Octob. 1647. five yeers and seven months, and then removed to Peterhouse Goale, where with inhumane 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 weaknesse) libertie for to go into the Countrey, upon what tearms 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 farre 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 doubtfull of a right understanding of me, thus branded by so heavie [Page 3]punishment, and from so high Authority, to the sensure even of my best friends, and advantage of malicious enemies, who thus contrived to ruine 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 Generals 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. Albons 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 severall 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 summes paid to the Parliament service 143 li. 12 s. this was not to be reckoned De­linquency and cause of Sequestration.

Till the yeer 1644. Die Martis, 26: one Sir William Brereton in an Ordi­nance thus:

The 8. of April following, Brereton procures an Order from the House of Commons of reference to the Committee thus.

4 May 1644. In pursuance of an Order of the House, dated 8 Aprill 1644. Sir William Brereton brought in an Information against Mr. Thomas Conningsby.

Mark here I beseech you, for the Cause of Truth and Right, and it is an old and true saying, Lyers had need of good memories, and Iuglers to be wary in false practises: and here you shall find that the speciall reference to the Committee (where Mr. Corbet has the Chaire) is not in vain to Breretons purpose, he and his man Kirk the Clark then of that Committee, enter­ing and omitting as might best conduce to the advantage of Breretons, for neither the Information of the 4 of May, nor order from my wife and my self to appear was ever served on any of us; but an Order of the 1 of May upon Breretons information against my Wife and Mr. Williams, for sending Horse and Arms to Ox [...]n, and sending intelligence thither, and upon this ordered she and Mr. Williams are summoned to appeare served on them 3 May, and that same day all their Goods within doores and without Inventoried and securitie, forced to be given for them, none of which is certified; she appearing on the 8 day, all that laid aside and the proceeding of the Committee, thus certified.

Something was urged to me about a Letter to the Lord Cranborne, no­thing to purpose and point of Sequestration.

Upon the whole businesse: This Committee declare their opinion, that Mr. Conningsby is within the Ordinance of Sequestration, and that his estate be secured till it be reported, and the House give further order, the falacy is (upon the whole businesse) as proved in all, and yet without report and further order.

Likewise the Proclamation written at large in the Certificate.

Upon this Order of 20 May, Breretons Agents entered my House by force, and not by his Ordinance, for he did not acquaint the Committee of Lords and Commons, nor had not their Judgement of any Delin­quency rendring me liable to Sequestration, and that day & other days within doores, and without, took away all my goods and personall e­state, to the value of 1600 li.

So that besides the irregularity used in taking away my goods for the manner of it against the Ordinances of Parliament will manifestly appeare upon reading the Causes thereof, in the proceedings as afore­said.

And this is certified by the Country Committee, as the whole matter whereon they have pretended the sequestration of my reall estate, so that I was not sequestered at all, but my estate irregularly and violently by them taken from me, for as they certifie their concurring in Judge­ment with the Committee of Examinations, that Committee nor the House it self had no power to seize the estate or judge of the delinquency, but the Committee of Lords and Commons, both by Breretons Ordinance and the severall Ordinance for sequesterations, declaring the Causes of sequestration.

The House of Commons gives power to that Committee only to en­quire into, secure, and report, which power that Committee did exceed; for by order of that Committee, Brereton did first seize and secure my estate before any enquiry, (and guided by unsconcionable covetousnes, was loath to let go his hold right or wrong) which was not till 9 May that I appeared, was brought thither a Prisoner, & examined as afore­said, and then without hearing Counsell, or other hearing then as afore­said; they voted me within Ordinance, my estate to be secured, till re­ported to the House, and further order of the House.

That Committee had no power to judge of the Delinquency by that order of reference, but they do not only exceed that order, but violate their owne order of 9 May, which was not to sequester or dispose of my estate, but to secure it till reported to the House, and further order of the House; and yet by their order of 20 May, that Committee gives Bre­reton power to comp [...]nd for, and sell my goods and other estate.

By colour of which, he sold and had away all my goods, which is ap­parent against his Ordinance, the order of the House of Commons, and the setled order of the Committee if selfe 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, then the directions of the said proceedings of the Committee of Examinations transacted unto them, as they in their Certificate expresse, the sequestration of my real estate as is pretended, can be no due se­questration, otherwise then of the personall estate, having an unjust rise and ground, (the said proceedings only of the Committee of Examina­tions) which is all the cause of sequestration certified.

Thus Brereton has compassed his ends upon my personall 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 stockt 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 actings so uncivill to my wife in that distresse that they took her by neck & shoulders and turned her our from her Closet, and with reproachfull language, but for desiring her Trunks might be opened and the goods valued, which they bought at a rate set on the whole roome, and she having an old [Page 7]Coach which was some convenience for her self and children, with two of her own horses, such mean ones, as she could provide after severall plunders of her horses to keep her husbandrie a foot, and to draw her Coach sometimes these Goships 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 doores, they beat to peeces, and made them uselesse for any thing but the fire: The Beer in the Soller they turned off of the stands, threatning 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 proceedings will not suffer her to know the valuation of her goods thus rent 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 Countrey to act their parts for my reall estate, and as before, not regarding to proceed upon causes in the Ordinance ex­prest of Sequestration, whether my estate were lyable, or that their pro­ceedings may be justifiable, having no right to act but by the direction of the Ordinance, and their doings in execution and performance of the Ordinances, and instruction upon the Ordinance where doubt is, whe­ther comprehended within Ordinance to certifie the same to the Com­mittee of the Lords and Commons for farther directions. Thus in the 3d. Instruction, and reitterated in the 13. Instruction.

By colour of Sequestration these Committees enter injuriously on my reall estate and Rents at Northmyms, from the time of Breretons his agents taking away all my goods, May 1644. full five yeer and an half, most [Page 8]part of this time I continue in Goales, cannot, nor have not the means to act in my own businesse, and to acquit my self from these heavie and long continued injuries; cannot get my wife to endeavour the means of my relief, but content with that poore 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 minde, 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 thorow 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 sicknesse and infirmity, contracted by my long imprisonment, and the weaknesse of a wasted body, ever since May 1645. and my son, as is aforesaid, procuring liberty for me to go into the Countrey, and that I was at so much freedome 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 speciall matter of their so pretended sequestration, to be directed to the Committee above, that so I might use my best indeavour for re­medie, which they denyed me in both, and so delayed my proceedings to keep my estate still in their power: and my son before my coming down having contracted with them for a yeer to hold the moitie of my estate at a Rent, for the other moitie 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 satisfie him his prin­cipall and Interest, to the discharge of the full debt, to permit him to take his benefit of the Recognizance upon the Lands under Sequestra­tion lyable 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 entred into by me, had the Recognizance and extent by Silverlock assigned to them. Of this more anon.

Out of my sons agreement with them to hold the first moitie at a rent, with so much abated of the Rent as was computed a fifth part, his mo­ther and he agree upon such a quantitie of the said Land, to keep that [Page 9]little stock of Cows she had, the best subsistance to her self and family: my son in the mean time payes at Lady day half the Rent, and some other part after, and requires an abatement for Free quarter, amounting to as much or more then remained, and that not due till Michaelmas day; yet one Lattimer, and one Ireland, by Warrant from King and Robottome, come on the 22. of Septemb. and drive out of a pasture called Innings, being part of the Land agreed on betwixt my son and his mother, seven milch Cows, and foure yeerling Bullocks, six of the seven being my wives own Cows, and 3. of the 4. and drive them to St. Albons.

The same day I went to St. Albons, demanded the goods to be resto­red; it is denyed by King: I took out a Repleve, which King would not have obeyed. Hereupon I meeting the Cattell in the high-way, did drive them back again: and by the provision in the Ordinance, upon pretence of Rent, the Sequestrators remedie is but the same with a Landlord, against whom a Replieve by Law lyes.

Next day the 23. of Septemb. a Foot Company of Souldiers of the Ar­mie, King hiring them, are sent without any Officer, but brought by Latemer and Ireland early in the morning, pretending the Lord Generals Warrant, with Muskets shoot and break open the doores of my house before any demand, or shewing any Warrant, break open Chambers, rob them of money and other goods, enter my wives Chamber, affright her and her trembling daughters, (Ireland being Officer in chief for the house service) rob the Stables of Horses, Bridles and Saddles, and other goods; and without any resistance yet lay violent hands on me, and with all disgracefull usage that malice could direct, carried me priso­ner to St. Albons.

Lattemer commanded in chief that partie, that out of the same Field they took them the day before, take the Cattell again, and drive them to St. Albons.

My wife comes to St. Albons, acquaints the Committee of the wrong done her in her fifth part, could have no relief, but by procuring Bond to be given to one Hickman, that her son should come to an account for the Rent pretended, which she procures to be done: and so the Cattell were delivered for this time.

Saterday 14. of Octob. I repaired to the Committee, required as by the Ordinance a Certificate, and an Inventory; the Inventory is denyed by King, for he mannages the bagge, the Certificate by some of the Committee lesse malicious, promise it ready against Wednesday, I sent for it, and did receive it the 18. of Octob. and upon the 20. I came to Lon­don, [Page 10]endeavouring by Petition to the Committee of Lords and Commons, with Certificate annexed, to be relieved upon hearing my just Com­plaint, could not have my Petition read, till Novemb. 1. and then refer­red to Mr. Bradshoe to peruse, examine, and report the state of the Case to the Committee on Friday seven-night.

King and Robottome, so restlesse is their malice, that though they knew I was upon prosecution of an Appeal upon the Certificate, on Friday 3. of Novemb. the said Lattemer and Ireland by King and Robottomes War­rant, out of the Orchard of my house, took and drove away six milch Cows, three Yeerlings, two Geldings, two Mares, and one Colt, in truth our all we had, did drive them to St. Albons: My wife and son repaired to them, justifies his agreement with his mother for her fifth part those Lands, offers if his account be not satisfactory, to account, and pay all Rent agreed on with the Committee, desires that the Cattell may be restored to his mother, they deny it them; and cause Lattemer and Ireland next Market day to sell them at Hempsteed, the reasonable value of the Cattell 80 li.

For this being my wives proper goods by the rule of Sequestration it self, and not my own goods, but in that notion of allowance by Ordi­nance, and not acting as by the Ordinance, actions at Law, are prose­cuted in my name for the same, being likewise by them done since my Appeal depending, they Petition the Committee of Indempnitie, I am summoned to appear July 25. the matter not coming to hearing that day, I attended the 26. day; no call of the Cause that day, I attended the 27. day till after 4. in the afternoon, when it was given out the Com­mittee would not sit that day, and the Officers confirmed it, and I went away; and after there came a Committee and 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 legall course.

And first let me, I beseech you, be unblamed to write, and set down the greatest grievance that ever was heard of in this Kingdom for ob­structing the Subjects liberty and the Laws, if this Committee hold on in their way, and strain the Ordinance so far beyond a right intention, as they presume to do.

And first take the Ordinance it self to judge of, and let all men that have reason to judge, consider the lamentable condition that some men, and causes, fall into by judgement at the will and discretion of such a Judicature as they do proceed in those highest points concerned in the [Page 11]Laws, that meum & tuum, mens birth-right, their propertie in Freehold: O tempora, O mores, whither, to what, are we upon this precepise, are we going headlong into wilfull slavery?

Thus far the Ordinance as to the materiall parts, and lawdable as in the true intention to determin such things as in the exigence and heat of the late Wars have from the beginning of the Parliament, till (this Ordinance made in calmer times, in 1647) acted or done, to any modest mans judgement be otherwise understood, but onely for the time past, and meerly to acts concerning the Wars and service for the Parliament in matters of War, for as in other power by Ordinances.

As in Sequestrations my case and such like, there are particular Ordi­nances to guid causes of that nature, and those are by Committes im­powred to hear, and if upon a just cause to clear the party presumed to have incurred a Sequestration if there be cause, upon the reasons and causes in that Ordinance, for what sequestrable or not sequestrable; and if Committees or others by their authority and commands, shall act things unwarrantable by the Ordinance, they are not to be protected, and the party injured is no lesse a Son of the Common-wealth lineally descended from Magna Charta to all liberty and benefit of the Laws, and may most properly seek his remedy by appeale heretofore to the Com­mittee of Lords and Commons, and now renewed by act to the Ho­norable Barons of the Exchequer, to receive and determine upon all appeales, where my appeale now depends under publication; and all persons who shall be employed and do in pursuance of the Ordinance, [Page 13]the Acts, and Services warranted to be done by authority of that Ordi­nance to be indempnified, and therefore those Ordinances to the end the parties authorized that they may go safe on in the true intention of the Ordinance, and not to be injurious to men that are not compre­hended in the intention and marks plainly set down in the Ordinance, it is twice set down in the third and thirteenth Instruction, intituled, Instructions for the Committees for sequestration of Delinquents estates, that wher­in they conceive any doubt to be guided by the directions of the Committee of Lords and Commons for that service: but for Committees to act without the rule and guide of that Ordinance, do dis-service and dis-honour to the Par­liament, and presume upon the power of Committee-men, to act their own wills and malice, presuming to be born out. And if actions are brought against Committee-men, it is tanta mount to an Appeale, and those Committee-men have the advantage, and may complain to the proper Authority to hear and determine, and send for parties to attend and make their defence, which is the stile of that one-eared Committee of Indempnity, who are to indempnifie because complained to, and have not another eare to judge upon reason, and indeed not power by their Ordinance to do otherwise, and though the Ordinance in its plain English intend not causes originall to this Committee, but to tryalls at Law, and upon pleading the generall issue, and the Ordinance for evi­dence upon a just and legall triall by 12. of the neighbourhood trials, will have a fair and right understanding, and at second hand be better fitted for Indempnitie if there be cause, (and the Ordinance cannot in­tend but as is set down in cause of being poore) But that upon all Com­plaints, Orders to flie out into all Countreys, and in all Causes to fetch up men to a slavish attendance, and meerly to bring grists to the Clerks mill, who to all mens deserning has too sawsie an influence on his Ma­sters of that Committee, even to a busie forwardnesse, as taking himself the wisest man in the company, I mentioned two causes before as they were not proper for that Judicature for the reasons aforesaid; and the parties were not poore, but better able to defend the Suits then my self. And I see a Warrant to take away the Hay of my ground, and Ireland to reserve a third part of the moneys to bear the charges of these very Suits; and they have carried off my grounds 100 loads of Hay; And whiles I have been here to attend this businesse (so inraged they are in villanies) that they have carried a great quantitie of Timber off my grounds, prepared for repairs, and all presuming on the countenance [Page 14]of that Committee, who by their Orders in the two Suits have awarded them 55 li. Costs; And one Allen a Goldsmith, a Member of that Com­mittee, a fierce stickler, to incline the moderate of that Committee to retain the Causes, and make such unjust Orders.

The reasons in chief for giving those Cost and superceding proceed­ings at Law, upon both severall Suits at Law thus exprest by the Com­mittee man Allen, we must indempnifie our servants. There is likewise one Mr. Lemman a Member, I know not whether a Committee-man of this Committee, but the promoter of these mens complaints to the Committee, who in some degree knows (if they be not birds of a fea­ther) that it is a doubtfull measure, or a measuring cast, whether King his ignorance or insolence lyes neerest the Jack; But no question, if weigh'd in Allens Scales, his malice would hold weight to both. And I wonder what is Lemmons reason, being grown a man of fortune and estate, and might consider the best preservative to give it continuance to his posteritie, is the protection of the Laws, that in this case against my no other but lawfull Application to be judged by the Laws, he should thus farre countenance such sheep biters, for men in the trust of such actings, and so well able to justifie themselves against Suits at Law, and upon so great advantage as they presume the Ordinance is to them, to seek superfuge, at the best provided for a remedie for the poore, renders them no better then in the nature of sheep biters, that hang tails between their legs upon fear of a discovery; such servants best be­come Allens skill in his reason and honestie, to be a Judge in their causes. But these two put me in minde of an observation, that wise man Lord Egerton, Lord Chancellor of England had upon the Laws, and tryals by Juries, that the Laws were the just ballast of doing every man right, that tryals by Juries when and where mens consciences were bounded with fear to offend God, and not to be opened so large as for friendship, or any other ends to be exercised as a serveturn.

But as tryals were mostlie in his time carried, was, that two knaves pack in to ten fools was sufficient to destroy any man that unhappily might meet with such a Jury either of life, Free-hold, or whatsoever came under such tryall, and in some cases in all, I do verily beleeve, that both Allen and Lemmon, in their times and callings, have been Jury men, and have experienced something towards truth in this matter: I can­not yet so easily go off of this Committee of Indempnitie, where I have in obedience to their Orders so slavishly waited, and been bitten in my [Page 15]self, and in my concern now foure severall times by Orders; and it shall be of the manner of proceeding to hear Causes, for the matter as Allen saies, they must indempnifie their servants who complain, and prove the matter complained on, and de facto prove it, for it is chiefly for being sued at Law, this is record; and that it is so, is cause that must be in­dempnified, by the Ordinance, as they themselves are Judges of it: so here is short and sure work for Allens skill in Laws, and rules in honesty.

The Committee sit at a Table, five is a sufficient number: the Com­plaint and proofs are first read by Kirk the Clerk, say what can be said in right or reason, but to give a seeming of a full hearing you must withdraw: A word never heard of in Courts intrusted with the Judica­ture of Causes, till this Committee; The Committee are then turned into a Jury to consider costs and it may be you called in to hear your doom; but howsoever you shall hear of it in their Order: this is all is to be expected. Whereas in Courts of upright judgement, the face of the Judge is alwayes open (without any withdraw) if in Arbitrary Courts the Judgement given in open Court, in hearing of both the parties on both sides, and Counsell and Testimony of all hearers of the whole proceedings. In tryals by Juries sometimes as there is cause, some light to Juries in point of Law is openly given by the Judge or Judges; the Verdict received and entred to be a Record [...] them in open Court sitting. Now Mr. Allen, it would better become you to refine gold, the precious jewell of your profession, then to meddle with precious jewels so far above your understanding (and more precious than gold) for you to be a Judge of the deseising men of their properties, the Inheri­tance descended to me from my great Grandfather, and to him by his Mother the Heir in successions to Ancestors for 400 yeers. But this is gold in a Swines snout, and so I leave you.