THE PROCEEDINGS OF THE PARLIAMENT UPON THE Petition and Appeal OF Josiah Primat of London, Leatherseller.
Saturday the Seventeenth of January, 1651.
ORdered by the Parliament, That the several Proceedings and Votes be forthwith Printed and Published.
Hen. Scobell, Cleric. Parliament.
London, Printed by John Field, Printer to the Parliament of England. 1651.
Tuesday the Three and twentitth of December. 1651.
THe humble Petition and Appeal of Josiah Primat of London Leatherseller, was this day read.
Resolved upon the Question,
That the Petitioner Josiah Primat be called in to avow his Petition.
The Petitioner was called in accordingly, and being come to the Bar, Mr. Speaker demanded his name: He answered, Josiah Primat; and being shewed the Petition it self, and demanded whether that were his Petition, and that he did avow it: He answered, The name subscribed thereunto was his hand, and that was his Petition, and that he did avow it in the maner as it is therein expressed; and then the Petitioner withdrew.
The Petitioner was again by Order of the House called in, and Mr. Speaker demanded of him whether he did give order for this Petition to be printed: To which he answered, Yes. And being asked who printed it: He saith, It was a Printer at Pauls-wharf, he saith his name was Mr. Newcomb: And that he the said Mr. Primat gave order for the printing of Five hundred, and that he gave such order about three days since. And being shewed a printed Paper entituled thus, To the Supream Authority of this Nation, The Parliament of the Commonwealth of England, The humble Petition and Appeal of Josiah Primat of London, Leatherseller: He doth acknowledge that the same is one of the Copies he caused to be, printed, and that he did deliver diverse of them to diverse Members of the House, and likewise to divers other persons not Members of the House; and that he delivered divers printed Copies of them to other persons to be delivered, and in particular to Lieutenant Colonel Iohn Lilborn, to deliver them to several persons.
Lieutenant Colonel John Lilborn was by Order of the House called in, and being come to the Bar, was demanded by Mr. Speaker, whether he did deliver any of the printed Copies of Master Primat's Petition, one whereof was shewed him: He answered, He did deliver divers to Mr. Speaker, Sir Arthur Hesilrige, Colonel Fenwick, and as many other Members of the House as he could. And being asked whether he did not deliver it to divers others that were not Members: He saith, He did deliver it to divers who desired to read it; And being asked whether he gave direction for the printing of it, He saith, He was employed from the beginning in managing this Business by Mr. Primat and his Uncle George Lilborn; that he believed Mr. Primat will tell the House he gave direction for the printing of it, and will avow it.
And being asked whether he did pen the Petition: He saith, He did not, but he was by when it was penned, and liked it well.
Resolved upon the Question by the Parliament, That this Petition of Josiah Primat be committed.
A Committee was accordingly appointed, and power given them to examine upon Oath, and to send for Persons, Parties, Witnesses, Records and Papers, and to report forthwith.
The Committee having sate Twelve days upon this Business, and examined Witnesses produced on both sides, and heard whatsoever could be said:
Thursday the Fifteenth of January, 1651.
A Report was made from the said Committee of their Proceedings therein, and of the matter of Fact appearing to them, and the Evidence given them.
The Petition which was committed, was as followeth; viz.
To the Supream Authority of this Nation, The Parliament of the Commonwealth of England; The humble Petition of Josiah Primat of London, Leatherseller;
THat your Petitioner by his Under-Tenants, George Lilborn Esq and George Gray the yonger, Gent. both of the county of Duresm, being in the years 1647, 1648, and 1649. in a just and quiet Possession of the Collieries or Seams of Coal in Harraton, in the County aforesaid, called the Five-quarter and Nine-quarter Coal (and having spent near 2000 l. to win the same) which lay drowned and lost from 1642, to 1647. Sir Arthur Hesilrige in September 1649. procuring Colonel Francis Wren, one of the Committee of that County, and Colonel George Fenwick, to joyn with [Page 1529]him, made an Order (against which the rest of the said Committee present protested) to sequester the said Collieries, under colour of an untrue suggestion: That Sir William Armyn had sequestred the same in 1644. as belonging to one Thomas Wray a Papist Delinquent; and thereupon the said Sir Arthur violently dispossessed your Petitioners Tenants, and seized their Goods, and let the said Collieries to Colonel Francis Hacker, and several of the Officers of his own Regiment.
That your Petitioner hath petitioned to the Commissioners for Compounding for relief, but by the power and influence of the said Sir Arthur upon most of the said Commissioners, your Petitioner hath been delayed and denied the ordinary course of Proceeding in all Courts of Justice; and at last coming to Hearing, the said Sir Arthur appeared every day of the Hearing, and took upon him, not onely to plead against your Petitioner (which is humbly conceived to be contrary to Law, he being a Member of the Supream Authority) but also authoritatively to prejudge your Petitioners Case, and to direct the said Commissioners what to judge therein, and by his power and influence upon the said Commissioners, he over-awed most of them; and after full Hearing, Judgement being respited from day to day, the said Sir Arthur kept private Correspondence with some of the said Commissioners about finding some new colour or pretences to detain your Petitioners Possession from him: Whereupon he produced new pretended Evidence after full hearing; and thereupon the major part of the said Commissioners not daring (as is humbly conceived) to oppose the will and pleasure of the said Sir Arthur, have contrary to clear Evidence before them for your Petitioner, refused to relieve him, and have punctually pursued in their Judgement, the Direction publiquely given by the said Sir Arthur.
That the said Commissioners being the onely persons authorized by the Parliament, to hear and determine all Cases about Sequestred Estates, Your Petitioner cannot be relieved from the Oppression and Tyranny of the said Sir Arthur, save by the Parliament, or their special Order and Direction. And your Petitioner hath been kept from his Possession above Two years; and the said Sir Arthur hath declared the said Collieries to be worth at least 5000 l.per annum.
May it therefore please the Parliament, in respect to the Publique Justice of the Commonwealth, to cause the Truth of the Premises to be speedily examined, and to provide for your Petitioners relief from the Oppression and Tyranny of the said Sir Arthur Hesilrige; and for the Dispensation of Justice, without Fear or Favor, as to your Wisdoms shall seem most just.
The Judgement and Resolution of the Commissioners for Compounding, against which this Petition and Appeal was made, is as followeth:
By the commissioners for Compounding, &c. 12. December. 1651.
IN the Case depending before us, touching the Colliery of Harraton, having heard the Depositions and Proofs taken therein, and perused the Deeds and other Writings offered to us, on the behalf of Josiah Primat of London, Leather-seller, who claims an Interest in the said Colliery by Lease thereof from Robert Coniers, who pretends a Right therein by Grant from Sir John Hedworth; And upon hearing of Counsel, as well on the Part and behalf of the said Josiah Primat, as on the behalf of the Commonwealth, in whose Right the same is Sequestred, as belonging to Colonel Thomas Wray, a Papist and Delinquent; And having had several Debates upon the said Proofs and Writings, and what hath been offered by the Counsel on either side, Do Resolve,
That it doth appear that the whole Colliery of Harraton was under Sequestration in the year 1644. without distinction of Seams.
That it doth not appear that the said Colliery, or any part thereof, was discharged from Sequestration from the year 1644. to this time.
That upon Consideration of the whole Matter, there doth not appear to us sufficient cause to take off the Sequestration of the said Colliery, or any part thereof, upon the Petition of the said Mr. Primat.
Resolved,
That we do leave all Parties claiming any Interest in the said Colliery to their course in Law; and do think it fit that the Possession be established accordingly.
Resolved upon the Question,
That the House do proceed first with the Civil part.
The House after long and serious Debate of the Matter,
Resolved upon the Question,
That the Parliament doth approve of and affirm the Judgement and Resolutions of the Commissioners for Compounding, in the Case of Josiah Primat.
In the next place the House proceeded with the Matter of Crime charged by the said Petition; and
The Question being put,
Whether this part of the Petition [viz. That Sir Arthur Hesilrige in September, 1649. procuring Colonel Francis Wren, one of the Committee of that County, and Colonel George Fenwiek, to joyn with him, made an Order (against which the rest of the said Committee present protested) to Sequester the said Collieries under colour of an untrue Suggestion, That Sir William Armyn had sequestred the same in 1644. as belonging to one Thomas Wray a Papist Delinquent] appears to the House to be proved to be true.
It passed in the Negative.
The Question being put,
Whether this part of the Petition [viz. That Sir Arthur Hesilrige did therupon violently dispossess the Petitioners Tenants, and seized their Goods, and let the said Collieries to Colonel Francis Hacker, and several of the Officers of his own Regiment] appears to the House to be proved to be true.
It passed in the Negative.
The Question being put,
Whether this part of the Petition [viz. That the Petitioner (having petitioned the Commissioners for Compounding for relief) by the power and influence of the said Sir Arthur upon most of the said Commissioners, the Petitioner hath been delayed and denied the ordinary course of proceedings in Courts of Justice] appears to the House to be proved to be true.
It passed in the Negative.
The Question being put,
Whether Sir Arthur Hesilrige hath committed any Crime in appearing every day at the hearing of the said Cause, and speaking there on behalf of the Commonwealth.
It passed in the Negative.
The Question being put,
Whether that part of the Petition [viz. That Sir Arthur did Authoritatively prejudge the Petitioners Case, and direct the Commissioners what to judge therein; and by his power and influence upon the said Commissioners he overawed most of them] appears to the house to be proved to be true.
It passed in the Negative.
The Question being put,
Whether this part of the Petition [viz. That after full hearing, Judgement being respited from day to day, the said Sir Arthur kept private Correspondence with some of the said Commissioners, about finding some new colour or pretences to detain the Petitioners Possession from him; Whereupon he produced new [Page 1532]pretended Evidence after full hearing] appears to be proved true.
It passed in the Negative.
The Question being put,
Whether this part of the Petition [viz. That thereupon the major part of the said Commissioners not daring to oppose the will and pleasure of the said Sir Arthur, have contrary to clear Evidence before them for the Petitioner, refused to relieve him, and have punctually pursued in their Judgement, the direction publiquely given by the said Sir Arthur] appears to this House to have been proved to be true.
It passed in the Negative.
The Question being put,
Whether it doth appear that Sir Arthur Hesilrige is guilty either of Oppression or Tyranny in the Carriage and Prosecution of this Business.
It passed in the Negative.
Resolved upon the Question,
That this Petition is false, malicious and scandalous.
Resolved, &c.
That the printing, publishing and dispersing of this Petition, both before and since it was preferred to the Parliament, is an high Breach of the Priviledge of Parliament.
Resolved, &c.
That all the printed Copies of the Petition, entituled, The humble Petition and Appeal of Iosiah Primat of London Leatherseller, be burnt by the hand of the common Hangman, at the Old Exchange London, and in the Old Pallace, on Tuesday and Wednesday next; and that the Sheriffs of London and Middlesex do take care that the same be done accordingly.
Resolved, &c.
That the Fine of Three thousand pounds be imposed upon Josiah Primat of London, Leatherseller, to be paid to the use of the Commonwealth.
Two thousand pounds to sir Arthur Hesilrige for his Damages.
Two thousand pounds to James Russel, Edward Winslow, William Molins and Arthur Squib, Esqs four of the Commissioners for Compounding; that is to say, To each of them Five hundred pounds for their Damages.
Resolved, &c.
That the said Josiah Primat be committed to the Fleet, there to remain a Prisoner, until the several Fines aforesaid be paid.
Resolved, &c.
That the Sergeant at Arms attending the Parliament, do apprehend the said Josiah Primat, and bring him to the Bar of this House upon Tuesday next, to receive the Iudgement aforesaid, and that Mr. Speaker do direct a Warrant to the Sergeant at Arms accordingly.
The Parliament did in the next place proceed against Lieutenant Colonel Iohn Lilborn.
Resolved, &c.
THat the Fine of Three thousand pounds be imposed upon Lieutenant Colonel John Lilborn, to be paid to the use of the Commonwealth.
That he be Fined Two thousand pounds more to be paid to Sir Arthur Hesilrige for his Damages; and Two thousand pounds more to be paid to James Russel, Edward Winslow, William Molins and Arthur Squib, Esqs four of the Commissioners for Compounding; that is to say, To each of them Five hundred pounds for their Damages.
Resolved, &c.
That Lieutenant Colonel John Lilborn be Banished out of England, Scotland and Ireland, and the Islands and Territories thereunto belonging, and not to return into any of them, upon pain of being proceeded against as a Felon; and in case of such return, shall suffer Death accordingly.
Resolved, &c.
That Lieutenant Colonel John Lilborn do depart out of England, Scotland and Ireland, and the Islands and Territories thereof, within thirty days now next coming; and in case the said John Lilborn shall after the said Thirty days be found within England, Scotland or Ireland, or the Islands and Territories thereunto belonging, or ally of them; The said Lieutenant Colonel John Lilborn shall be proceeded against as a Felon, and shall suffer the pains of Death accordingly.
Resolved, &c.
That the Sergeant at Arms attending the Parliament, do Apprehend the said Lieutenant Colonel John Lilborn and bring him to the Bar of this House upon Tuesday morning next, to receive the Iudgement of Parliament aforesaid; and that Mr. Speaker do direct a Warrant to the Sergeant at Arms accordingly.
Friday the 16th of Ianuary, 1651.
THE House resumed the Debate upon the Report made by Mr. Hill yesterday.
Several Passages in a Printed Book [Entituled, A just Reproof to Haberdashers hall: Or, An Epistle written by Lieutenant Colonel John Lilborn, July 30. 1651. to four of the Commissioners at Haberdashers-hall; viz. Mr. James [Page 1535]Russel, Mr. Edward Winslow, Mr. William Molins, and Mr. Arthur Squib; wherein is set forth their unjust and unrighteous dealings in several Cases: with the Relations of the said John Lilborn, and their Captiving their understanding to the Tyrannical will of Sir Arthur Hesilrige, who hath most unjustly endeavored a long time together, the extirpation of the Family of the said John Lilborn] were now read; which Book was proved before the said Committee to have been delivered to a Member of Parliament by Lieutenant Colonel Iohn Lilborn, and was by the said Lieutenant Colonel Iohn Lilborn confessed before the said Committee to be his Book, as was now Reported to the House from the Committee.
Resolved upon the Question by the Parliament, That this Book doth contain matter, false, scandalous and malicious.
Resolved, &c.
That this Book, and all the Printed Copies of the same, be burnt by the hand of the common Hangman, at the same place and time when the printed Copies of the Petition of Josiah Primat of London Leatherseller, are appointed to be burnt.
Ordered by the Parliament,
That all Printers, Stationers, Booksellers and others, who have any of the printed Copies of the Book, Entituled, A just Reproof to Haberdashers-hall, &c. or any of the printed Copies of the Petition and Appeal of Josiah Primat of London Leatherseller, be enjoyned and required forthwith to deliver in to the Sheriffs of London and Middlesex, or to the next Iustice of the Peace, all the said printed Copies of the said Book and Petition; and that the said Sheriffs of London and Middlesex, and the said Iustices of Peace respectively, be required [Page 1536]to cause all the same printed Copies to be burnt by the hand of the common Hangman.
Saturday the Seventeenth of Ianuary, 1651.
ORdered by the Parliament, That the several Proceedings and Votes upon this Report, be forthwith Printed and Published.
Hen: Scobell, Cleric. Parliamenti.