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. England and Wales. Parliament. 1652 Approx. 21 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2). A74436 Thomason E1061_61 ESTC R209331 99868214 99868214 169110

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Early English books online. (EEBO-TCP ; phase 2, no. A74436) Transcribed from: (Early English Books Online ; image set 169110) Images scanned from microfilm: (Thomason Tracts ; 158:E1061[61]) 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. England and Wales. Parliament. p. [2], 1527-1536. Printed by John Field, Printer to the Parliament of England, London : 1651 [i.e. 1652] Ordering the burning of: Primatt, Josiah. To the supream authority of this nation, the Parliament of the Commonwealth of England. Signatures: 11S-11T2. Also issued as part of a through-paged set with a table for the entire set added. Reproduction of the original in the British Library.

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eng Primatt, Josiah -- Censorship -- Early works to 1800. Lilburne, John, 1614?-1657 -- Early works to 1800. Libel and slander -- England -- Early works to 1800. Coal trade -- England -- London -- Early works to 1800. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2009-12 Assigned for keying and markup 2010-01 Keyed and coded from ProQuest page images 2010-03 Sampled and proofread 2010-03 Text and markup reviewed and edited 2010-04 Batch review (QC) and XML conversion

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; SHEVVETH,

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 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.

And your Petitioner ſhall pray, &c. Joſiah Primat.

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 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 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 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.