Selected quad for the lemma: judgement_n
Text snippets containing the quad
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B20625
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The many sufferings of an undone gentleman and his family here truly remonstrated to publick commiseration.
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Conningsby, Thomas, 1591-1654.
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1648
(1648)
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Wing C5878A
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13,421
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16
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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 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 Thomas Conningsby FINIS
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 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 saâ—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 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 Die Veneris 21 of May 1647. For indempnifying all those that have acted or done any thing by Sea or Land by Authority of Parliament this the Title The Ordinance The Lords and Commons taking notice that divers well affected persons have been sued indicted prosecuted or molested for such acts and things which they have acted and done by Authority of this present Parliament or for the service or benefit thereof during these late Ware and troubles do hereby Ordain and declare And be it by Authority of Parliament ordained and declared that no person or persons whatsoever who have since the beginning of this present Parliament acted or done or commanded to be acted or done any act or thing whatsoever by Authority of this present Parliament or for the service or benefit thereof by Sea or by Land ought to be sued indicted prosecuted or molested for the same and that every such person or persons whatsoever are and shall be hereby fully acquitted and discharged of all Actions Suits Indictments Informations Prosecutions Judgements Executions and Molestations whatsoever concerning the same and all Judges Justices Sheriffs Mayors Bayliffs Jurors Officers Ministers of justice whatsoever are hereby required to take notice thereof and duly to observe the same And for the ease of all such persons who are or shall be sued indicted prosecuted or molested for any such act or thing as aforesaid It is hereby declared and Ordained That in every Action Suit Indictment Information or Prosecution whatsoever wherein or whereby they shall be so sued indicted prosecuted or molested as is aforesaid contrary to this Ordinance It shall be lawfull to and