A IUST REPROOF TO Haberdashers-Hall: OR, An Epistle writ by Lieut. Colonel John Lilburn, July 30. 1651. to four of the Commissioners at Haberdashers Hall, viz. Mr. James Russel, M. Edward Winsloe, M William Mollins, and M. Arthur Squib, wherein is set forth their unjust and unrighteous dealing in severall Cases; with the relations of the said John Lilburn, and their Captiving their understandings to the Tyrannical will of Sir Arthur Haslerigge, who hath most unjustly endeavoured a long time together, the exterpation of the Family of the said John Lilburn.
For the terrible one is brought to nought, and the Scorner is consumed, and all that watch for iniquity are cut off.
That make a man an offender for a word, and lay a snare for him that reproveth in the gate, and turn aside the just for a thing of nought.
MY serious eyeing and beholding for divers months together, your most unjust, partial, and visible combining way of proceedings against some of my nighest relations, hath filled me with so much detestation and indignation against your injustice, that my heart hath even b [...]end within me, and I have with my self had much ado to forbear thus long to speak more plainly to you by my pen, then was safe for me to do at your barre (although I have there, as you all very well know, been very free.) But yet to avoyd if it were possible, by all rational and ingenuous [Page 2]men, to be judged turbulent, and irrational. I have rather bridled my passion, and indignation, and in a quiet, sober and moderate way, endeavoured by Petitions to the Parliament to ease and redress the grievances of my self and my relations: but some of you with violence, reproaches, and much falshoods interposing to hinder our just expected remedy (the particulars of which, by and by I shall more fully [...]int unto you) which hath had too great an influence to retard our just proceedings: so that although my self, and others have done what in us lyes, for divers days by-past, to get two petitions full of justice and truth read against you, yet cannot: and although you your selves directed, and bid me petition against you, yet finding that you are to the purpose netled at my putting in execution your own desires, and withall behinde my back to the purpose reproach me, and do what in you lies to bereave me of all ordinary and legal means to help my self, and my relations, and thereby force me to betake my self to extraordinary, which is my pen, my last and unwilling refuge. In the name, strength, and power of the Lord God Almighty, have at you, and if, I perish, I perish: and therefore before I come to the main combat, give me leave to send out these Forlornes.
First, That I plead against Sir Arthur Haslerigge (a man unto whom, as to me by your actions you seem to have sold your selves to be his slaves, and vassals in all cases whatever) who I do over, hath endeavoured for these several years together, the extirpation and total destruction of my whole Family, and al those in the County where they live that have wisht them wel, and that for no other cause but for their honesty and integrity, and because they will not be his professed slaves as other people are, all which I shall to you and the world endeavor to demonstrate thus;
First my Father Richard Lilburn, and my Unkle, George Lilburn, Esquires, with all their sons, have been well affected to the Parliament, and all of them that have been fit for souldiers, freely and faithfully adventured their lives for the Parliament, without spot on blemish, save my unfortunate youngest brother, Henry Lilburn, who yet visibly was honest enough in the eies of his chief Commanders, till he came under the command of Sir Arthur Haselrig; and my Father and Uncle in the Kings time before the Parliament, were the onely two Gentlemen in all the County of Durham that ever I could hear of, that durst oppose the Kings Will and Pleasure in the point of shipmoney; and the Bishop of Durham and his under Priests called Deans and Chapters will and pleasure, in point of innovations; and when the Parliament came with all their strength adhered to them, and were not willing to be rid upon, nor implicitly led against their understandings by the power of any great ones whatsoever, that under the Parliament had the chief Government of the County of Durham, it being a Bastard as it were to all the Counties of the Nation: having yet never enjoyed that right and priviledge to send either Knights or Burgesses to Parliament, to represent it or speak for it, and therefore was subject always to have some great one or other to domineer over it: And upon the late contest betwixt the Parliament and Army, my eldest brother Col. Robert Lilburn, was thought the fittest by the chief Officers of the Army, to be sent down into his own [Page 3]Countrey to secure New Castle for the interest of the Army, which he did effectually and honorably like a Soldier; and whilst he staid there, governed it in Justice, honesty and peace; but was in short time privatly undermined and worm-eaten out of his governmentship by Sir Arthur Haselrig, who as may be easily demonstrated, had itching fingers after some poor Ahabs Vineyard or other, and it may be in his own thoughts could neither by Law nor equity come by it, unless he could attain to be governour of that Town, and in pomp and glory with his Soldiers round about him, sit as Judge and party in his own case, to over awe thereby if it were possible, both Jury and Judge; that so by interest and power he might get that, which before neither by Law nor equity he could obtain; all or the most part of which, was to the purpose shortly manifested in poor Mr. Collinwoods case divers hundred pounds per-annum thick, and then to disinable him and his posterity for ever, to lift up their heads against Sir Arthur. when times as to him shall mend, to recover their Inheritance again, he got him put into the Act for sale of Delinquents estates, for all the rest behind; but as to me it seems, being by my self and Mr. John Musgrave's pens pursued for his injustice, he thought it pollicy to be the means of getting him out again, least it might be made use of by either of us to his suine, but yet in the words of the Order there is such a clause as may be a sufficient rod over the Collinwoods back to keep him in awe, for so much as talking of Sir Arthurs unjust proceedings with him; I say in order to this and the like my brother unawares, was by Sir Arthur undermined, and thrust out of his government without (as he hath often told me) as ever having so much as a complement from Sir Arthur for it; and my brother like a soft and quiet spirited man gives way unto it, without so much as one Ruffle.
And my Father and Uncle having had former acquaintance with Sir Arthur, and judged him so Godly, just and honest, as the like could scarce be found in England, and my Uncle having high obligations upon him to Sir Arthur for being so zealous for him in 1641. in delivering his Petition to the then House of Commons for reparations for his foresaid sufferings, they did not regard the aforesaid affront done to my eldest brother, but bless themselves in the happiness they were like to enjoy, by having so good a man as they then reputed Sir Arthur to be, to be their Governor; and so made it their work to be serviceable (with all respect) to him and the publick interest, which they conceived to be concerned in him, and having an extraordinary fair visible Correspondency with him, they took the opportunity some years ago, to write a Letter to him for a zealous Parliamentiet (which is something rate in that county) and to intreat him to fix his eie upon him for such a place, but upon the reading the Letter, it seems Sir Arthur sweld, and told him to this effect, that if he expected good from him, he must not be so fixed to the two Lilburns, for saith he, they are stiff obstinate men, and opposed old Sir Henry Vane, and Sir William Armin, and in time will oppose me: But the man being understanding, kept this many months in his own breast, from my Father and Uncle, till now of late by accident it was told to the one of them; but they not knowing the ranker of Sir Arthurs heart against them, went on in their old honest blunt way [Page 4](for so I shall call it till I see something fairly proved against them) in doing their duty without favour or affection, and being something rigid, and not ensie to be byased in their imployment, Sir Arthur had a minde to have my Uncle George as he was a Surveyer of Bishops lands, to make him some reprisals for his great Lordship of Bishop Auckland, which in conscience he could not say Amen unto; upon which grew he first clear demonstration of a visible grudge betwixt them: and the second was occasioned by Sir Arthurs Steward one Mr. Colson, who was also a Surveyer of the same lands, who counterfeting my Uncles hand, upon which my Uncle complained against him as a forgerer; whereupon the said Colson arrested him in an action of some thousands of pounds, and cast him into the Counter prison at London, supposing he could not have got bail for such a sum; in which he was mistaken but never durst to this day declare against my Uncle, lest in the conclusion it should have cost the said Colson his ears for his said Forgery. The third visible occasion was about the coming in of Hamilton, Sir. Arthur endeavoured to get my Uncle to joyn with him in laying on 4 s. per Chaldron Excise upon coals, and for that purpose sent for him from Sunderland, a coal town, where my Uncle had a little power, as well as Sir Arthur had at New-Castle a great one, and prest him to do the one at one place, as he did intend to do the other at the other place; but my Uncle being a warie understanding old man, he could not nor would not do it, unless Sir Arthur could shew him the Parliaments commands for so doing, saying that if he did it without Authority, it might be the ruin of him and all his; but Sir Arthur replied to this effect, The Parliament was a base wicked Parliament, and he would do it though he died for it; and when he went about to lay it on, the seamen demanding the sight of his Commission, he clapt his hand upon the hilt of his sword, and told them that was his Commission, and with that he would justifie it. Thus much for my forlorns: Now to the main and close joyning of the battel of Sir Arthurs clear and visible discovery of himself against my Uncle.
The fourth visible heart-burning within my cognisance arises from this occasion, that Mr. John Blackston late a Parliament man, being a Prebends son, and being allied to divers of the great Malignants in our Countrey, as Dr. Cosens his brother in Law, and several others like him: he very much endeavours to protect them from Sequestration; and he finding my Father and Uncle (who were both Committee men made by Ordinance of Parliament dated April 1643. as well as himself) to be somewhat stiff, and that they would not sell their souls and consciences for greatness sake and relations sake; therefore did Mr. Thomas Shadforth, the said Mr. Blackstons brother in Law, pick a hole in my Uncles coat, for signing two Warrant at New Castle in 1642. when he was under force and power, on purpose to save himself from Sequestration, he being then charged, and it proved against him for a Cavalier in the first Warr, all which my Uncle in his printed Remonstrance to the Parliament, dated March 18. 1649, hath set forth; and Mr. John Blackston all that while sufficiently and groundlesly reproaching my Uncle in the then House of Commons for a notorious Delinquent Cavalier; and thereby gradually got him turned out of those places of trust [Page 5]the Parliament had reposed in him, that thereby he might the easilyer trample upon him: and was not onely content to pay my Uncle, but also fell upon me, as I have punctually declared in my Epistle o [...] the seave [...] of April 1651. Writ to Master John Price, Sir Arthurs P [...]n-Agent; which he durst never answer to this day; to which Epistle for this particular, I refer you and the inquisitive Reader, where you and he shall finde sufficient foul play offered by Sir Arthur. But this business at the last coming to a Committee of Parliament, Sir Arthur it may bee finding it was advantageous to him to joyn with the said Mr Blakiston to crush my Vncle, that so he might be rid of him and his opposition, and thereby to the boot ove aw (if it were possible) my Eather, to a slavish and beastly complyance with him, he did more then ordinary (being Chairman to the said Committee) appear against my said Vncle; but I did to his face sufficiently tell him of his unworthy doings in the Country in the said case: but being my self committed to the Tower about that time, viz. upon the 28. of March, 1649. although then Sir Arthur could not fully have his will of my said Vncle at that time, for the Committee voted him a clear and honest man, and ordered to Report him so to the House; yet I being so in prison, Sir Arthur then thought to the purpose to crush to pieces, and root up by the roots our whole Family, and in order to that fell upon my bones to the purpose, to seek my total distruction, which is particularly touched in that Book proved at my Tryall to be mine, saving the Printers Errata's which were many, called A preparative to an Hue and Cry after Sir Arthur Haselrig. pag, 4, 5 7, 8. and particularly in the case of my money, which was mine by divers Votes, Orders, and Ordinances of Parliament; yet although the Councel of State imprisoned me for Treason, and the Parliament approved thereof, yet they were so just and righteous, as not to order my estate to be seised upon, till I was convicted of some crime; yet Sir Arthur Haselrig did assume that power to himself, as without authority, either from Parliament or Councel of State, to sease upon, or stop and destroy the current of my Ordinance of Parliament, so that I could not get a penny of almost 2500 l. in the day of my adversity, to buy me, my wife and three little babes a bit of bread; of which doings of his being certified by my Father, I confess it did not drive me into a little rage and passion, and put those provocations upon me, that had like to have been my ruin and destruction, and I think Sir Arthur exposed me to as sad a condition as any man in the world could be exposed to, by his being instrumentall to get me into prison for Treason, and then close imprisoned, and my Friends and relations kept from me, and no allowance then from any: And besides all this, to keep all my own Estate from me, and call me Traytor and Villain to my Father, when he demanded some of my Mony for the supportation of me, my wife and children, then in the greatest distress that it was possible for any people in the world to be in: O the height of cruelty and bloodiness [Page 6]in this Sir Arthur! Nay, to add to this, that thus to provoke and necessitate me, and then at Durham to threaten and tell my Father, Hee would come up to London to get me hanged for crying out of that which really and truly arose from his unsufferable oppressing of me; yea, and I have from good hands been told, such an influence Sir Arthur had upon my tryall for my Life, That after the Scaffolds were begun to bee built in Guildhall, my Tryall was delayed a week for his comming to Town, and [...]o lay his modell for my ruine. And after that by the special providence of God I was freed from his bloodthirstinesse, he kept my Money in his, and his Treasurers hands so long, without letting me have a penny of it to support me, being then at liberty, and thereby exposed to the utmost extremity in a manner that could bee, that I was in my own spirit compelled to tell his Clerk, Mr Pearson, at the George in Chanell-Row, That his Master (Sir Arthur) had exposed me, by keeping my Mony from me, to the utmost extremity, and have it from him I must and would, although it cost me my heart blood; and so I desired him before witness to tell him; And that if he thought to keep it while I sued him at Law, or complained to the House of him, it was a vain thing for him to think so, for he was too great for me that way to encounter with, and I too much under a cloud in such a way to expect any remedy from him; and besides, I neither had Money nor time to spend upon him; and therefore as he loved his Masters life and welfare, I intreated him to tell him, I wore a good Dagger by my right side, and a good Rapier by my left side, and if within 8 days he did not send me all my Money, or give me some rationall satisfaction, let him look to himself, for after that day, wherever I met him, I would pay him for all together, though I were cut in a thousand pieces on the very place: For if against a thief that sets upon me upon the Highway to rob me of a little Mony, it was lawfull for me to draw my sword, and in the defence of my propriety to kill him; much more was it lawfull for me to doe the like to him that would (most arbitrarily and tyrannically without all shadow or colour of Law) take al that ever I had, and therby expose me, my wife and children to famish and perish: And in case by my fair dealing with him, by telling him before hand of my intention, he got me committed to prison, and thereby thought to disenable mee to deal with him, he would be very much mistaken, for thereby the hand would only be changed: Whereupon, within the time limited, (to the best of my remembrance) I had, & received a Paper or Warrant, signed by Sir Arthur and Colonel George Fenwick to the Treasurer at Newcastle, to pay me or my Assignes about 800 l. which I accordingly received: And at the Lord Generall Cromwels coming out of Ireland, he was Nobly pleased to get me a grant of selling Lands upon Me for the residue of my Money; for which most noble favour I must and doe heartily declare and acknowledg my self highly obliged to him.
[Page 7]But I must acquaint you that when Sir Arthur had got me to prison, and robbed me of my estate, for no better I can call it, although he should tell me my father was one of the Committee, where it was disposed of; yet I must tell him, his will was, and is a Law to all the Committees in the North, and so absolute he is amongst them, that some of them have told me, he will neither suffer them to vote, nor stare a question, but resolve all himself, and bid the Clark enter it, for so it must be; I say, when he had got me fast, (as is before declared) he then thought all was his own, and finding my Uncle the heaviest man left, he falls point blank upon him, about the Colliery at Harraton, and thinks to do two works at once. viz. 1. Sufficiently to disgrace and impoverish my Uncle thereby. And then 2. To invest Wray a Popish Delinquent in the title of it, that so from him he might either purchase it for a song; or if that could not be, get him put into the Act for sale, as he hath done some others, and so get his own surveyers put in to survey it, and by his agents either drown the Colliery, that it might be esteemed but little worth at the surveying it, or else over awe them to make what reprizals he pleased, (as in the like he hath partly done already) that so it might be his for a toy; for I beleeve scarce all the Lands and Collieries in the County of Durham will satisfie his greedy appetite; and therefore in order to the accomplishment of both his foresaid ends, he doth with force and violence, in the most tyranicallest way, that ever was done in England, sequester the said Colliery, in or about Sept. 1649.
And in process of time, Mr. Primate Landlord to my uncle, &c. Appeals to the Commissioners at Haberdashers-hall, in these words.
To the Honourable Commissioners, for compounding, &c.
The humble Petition of Josiah Primate Citizen, and Letherseller of London.
THAT Your Petitioner being possessed lawfully of three parts in four to be divided of all the Cole Mines in Harraton in the County of Durham, for divers yeers yet to come, by vertue of a Lease thereof made by Sir John Hedworth Knight, in Decemb. 4. Caroli, upon good consideration for 41. years, and by mean assignments now come unto your Petitioner: And notwithstanding that your Petitioner, and those under whom he claimes, hath still sithence quietly wrought in the said Cole Mines, and enjoyed three parts thereof, till Aug. 1649. And though the same three parts are notoriously known to be your Petitioners, yet hath the Committee of Durham sequestred all the said Cole Mines, as supposing the same to belong unto one Thomas Wray Esquire a Delinquent, who in truth was never possessed nor enjoyed more then the fourth part, which your Petitioner claimes not.
And therefore your Petitioner humbly prays, That he may be admitted to make good his title to the said three parts; which being so done that he may be restored to the Possession, and benefit thereof: And that in the mean while upon security given to answer the profits to the state, in case your Petitioner hath [Page 8]no right in regard by the oath annexed, it appears, he, and those under whom he claims have been in Possession these 11. years and above, he may be admitted to work in the said Cole Mines.
Upon the Reading of which Petition, the Commissioners made an Order, the copy of which thus followeth:
By the Commissioners for compounding, &c.
ƲPon the Petition of Josiah Primat, Citizen and Leatherseller of London, (hereunto annexed) it is Ordered, That it be referred to Mr Reading to peruse the said Petition, and to report the state of the case to us.
A copy of which Order, being (it seems) sent to Durham, an answer is returned unto it, the copy of which thus followeth:
IN answer to your Order dated 12. Iunii, 1650. granted upon the Petition of Mr Josiah Primat, we have here inclosed sent you the true state of that Case, concerning Harraton Colliery, and the States interest in it; which we conceive is very clear: VVe are [...] Gent'
Which enclosed certificare, or state of Harraton Colliery, being one of the notorious false ones, that I think can be made, and contains in it the sum of the ranker of Sir Arthur's heart, and the ultimate of what can be said by him against my Uncle; I shall here insert the copy of it, which thus followeth;
UPon the sixth day of August 1649. Thomas Wray of Beanish in this County of Durham Esquire, made complaint to the Committee of Sequestrations for this County, that Mr. George Lilburn and Mr. George Grey, two of the said Committee, had entred into and possessed themselves of his Colieries, and severall houses thereunto belonging in Harraton, and that his estate and coliery in Harraton was sequestred for his being a Recusant, and for his being in Newcastle when it was the enemies Garrison; and that the said Mr. Lilburn and Mr. Grey had raised great summes of money out of the same, and converted it to their own proper uses, which ought to have been paid unto the State; and that they still hold possession thereof, to [Page 9]the great losse and prejudice of the Commonwealth. And upon examination of Witnesses uponaBut I am sure their Depositions are no where to be found; Sir Arthur it seems not daring to trust Mr. Gilpm the Clerk to take them, but onely his owne Secretary, who was no Record-keeper of that Committee And what they were, or where they are, is not to be found. Oath before the Committee i [...] appeared, that in the yeare 1644. Sir William Armyn and the rest of the Commissioners of Parliament, sequestred the coliary of Harraton then in the sole possession of the said Mr. Wrey, and sold one thousand pounds worth of coals that was upon the Staythes And further, that the Committee of Sequestrations for this county granted an Order in the year 1645. upon the petition of Mrs Wray wife to the said Tho. Wray, (Mr. Geo. Lilburn and Mr. Geo. Greys hands being at the said Order) for letting the said coliery at Harraton to one Pearson for the payment of the creditors of Mr. Wray. And the said Pearsen was to give an account thereof to the Committee. Which Pearson did enter into the Colery bThis is the grossest untruth that can be told: For Pearson never took the said Colery. accordingly. But it doth not appear to us that the said Pearson was ever called to give any account to the Committee. And it further appeared to us, that the said coliery continued to bee wrought by Mr. Wray's Agents for his use, till June in the yeare 1647, And that about April in the yeare 1647. Mr. George Lilburne and Mr. George Grey sent to the aforesaid Thomas Wray to desire a meeting with him to treat about buying out his estare in the said coliery. Accordingly they met at Ferryboat about Easter in the yeare 1647. Upon their meeting Thomas Wray told the said Mr. Lilburne and Mr. Grey, that they very well knew that coliery to be of very great value, and that it was worth above 3000. l. per annum, and that he was out in monies for that colery at least 16000. l. yet in respect of the condition he was now in, he was contented to sell his whole estate in it for 5000. l. That he would have one thousand pound paid down for his own use, and one thousand more to stop the clamors of his creditors; and that he would take further time to consider what dayes to require the payments of the other three thousand pounds upon. It was affirmed that Mr. George Lilburne did then say, That for the payment of the first 2000 l. they should not differ; and that Mr. Wray having there his Evidences for that colery, they being viewed by Mr. George Lilburne and Mr. George Grey, Mr. Lilburne told the said Mr. wray that he did not think that Mr. Wray could have produced so cleare a Title for 7 parts of 8 in that colery; but for the 8 part he was not so fully satisfied. Mr. Wray then told him, that there was one Comadale that pretended a Title to that 8 part; but he conceived that he had sufficient to make it good, that that part was in him also. But told Mr. Lilburne that howsoever he knew Comadale would part with his interest upon very easie termes. There was then a new day appointed for another meeting for Mr. Wray's appointing the other dayes for the payment of the 3000. l. And Mr. Lilburn in his going from that place, he met with one Mr. Swaine, and the said Mr. Lilburne told him that he was agreed with Mr. Wray for the said colery. A little before [Page 10]the appointed day of meeting, great rains fell, and the Rivers rose so high, that it hindered the meeting. Immediatly after the said Mr. Lilburne and Mr. Grey went to London, and made some agreement with the said Mr. Commondale about the 8 part as they pretend but nothing shown to make it good. And comming down in June following, they entred into and possessed themselves of the whole colery aforesaid, and it hath been wrought by them ever since to their own uses and benefits.
And for that it plainly appeared unto the Committee that the ColerycThis is as false as can be: For the nine and five quarter Seams of Coles were not in work at all in 1644, 1645, nor 1646, nor never was sequestred by any in the world till 1649. that Sir Arthur by his Will and Sword sequestred it. was sequestred by Sr. William Armine in the yeare 1644. and that it had been solely in the possession of Mr. Wray and his Agents three years before that, and that it was let by the Committee of Sequestrations in the yeare 1645. And that no other had claimed any interest in it untill Mr. George Lilburn and Mr. George Grey, two of the Committee possessed themselves of it. And that there had been no Order made either by the Lords and Commons for Sequestrations, or the Committee of Sequestrations in the County, nor that there had been any Authority for the divesting and dispossessing of the State of their interest, and that Mr. Wray as being a Recusant and Delinquent, was uncapable of composition, the Committee made this Order.
Decimo tertio die Augusti. 1649.
Upon hearing of Thomas Wray, George Lilburne, and George Grey Esquires, It appeared to this Committee, that in the year 1644. Sir William Armine did sequester the Colliery at Harraton, belonging to Mr. Wray for the use of the State, and that the faid Colliery was then wrought for the use of the said Mr. Wray and his assignes, and for no other, and that the same was since let by this Committee in the yeer 1645. for one whole year to one Pearson: And that it doth not appear that the sequestration was not at any time taken off: It is therefore thought fit, and so ordered by the said Committee, that the sequestration shall be continued upon the said Colliery for the use of the State, and that all those, who have had any use or profit of the said Colliery, since the same was sequestred, shall forthwith make their accounts, that it may appear what profits have been made thereof in that time, and immediately after the making this order, Mr. George Lilburne then sitting at the Committee, and being one of the Committee, desired that he might have time given him to make his title good, to the estate he claimed in that Colliery, the Committee bad him to appoint his time, he then desired a full moneth, and it was granted: Thereupon he went to London, and by the aforeappointed day he brought down with him one Mr. Levit, and Mr. Josiah Primatt; who with their Councel went to the Committee: The Councel being then put upon it, to shew what title either Mr. Levitt, Mr. Primatt, or Mr. Lilburne had, affirmed that Mr. Wray had gotten their Evidences, and would have had the Committee to have compelled him to have produced his title: The Committee then replied, that the matter was of very great [Page 11]concernment to the State, the Colliery being worth 3000. l. per Annum. and that Mr. Lilburne had made of it, after he had put the State out of possession at least 15. l. per diem, for about a year together, as they were informed by those that knew it very well, and that they durst not be sofalse to their trust, as when the State had been in possession above three years, to produce Evidences to divest the State: and what they desired was such a thing, as was never heard in any Court, That a Plaintiff that sued for the possession of Land, should desire the Defendant to make him a Title to out himself: And that if Wray had gotten their Evidences into his hand, their way was plain, to exhibite a Bill in Chancery, & there they might compel him to produce his Evidences in a legal way: And it not appearing to the Committee, that either Mr. Lilburne, Mr. Levitt, or Mr. Josiah Primatt, would, or then could produce the least Evidence to overthrow Mr. Wrays title, Mr. Wray being then present and confidently affirming and holding his Evidence in his hand ready to make it good; that the right of the whol Colliery was in him, they confirmed their former order, and have since let the said Colliery for the benefit of the State: And we do now desire that you would be pleased to call Mr. George Lilburne and Mr. George Grey to account for the profits of the said Colliery; we being assured that great sums of money are in their hands due to the Publick, they having as yet paid never a penny, And we hope this is a full answer to your Order procured by Mr. Josiah Primatt, dated July the 12. 1650. concerning his interest in the Cole Mines at Harraton, and sent down to us for our Certificate.
- Arthur Hasilrige.
- Francis Wren.
- Tho. Delaval.
Now I shall desire you to take notice, that the chief title here set up, is Wray's own bare averments, who is a Delinquent Papist, and one of the basest of that sect, being a common procurer of affidavit men; and a fellow that will swear any thing in the world, it being his common habit, in his common discourse, as you your selves very well know, for which you lately reproved him in open Court, though he was too much your friend to be punished therfore by you: but in counter-ballance to his lying averments before mentioned, I could produce you he oaths of my Uncle and Mr. Grey, two men of honor, conscience, and repute; but they being much both at one, and my Uncle a party, and Mr. Grey none, although you lately made him one, against all reason and justice. I shall onely insert Mr. Greys; The Copy of whose oath thus followeth.
GEorge Gray of Harraton in the County of Durham Gentleman, maketh Oath that in the year 1644. Sir William Armin and other Commissioners of Parliament, did Sequester certain Colemynes, or seams of coals in Harraton in the said County of Durham, then belonging to one John Jackson Gentl. a Delinquent, and certain other Colemynes or seams of coals in Harraton aforesaid, then belonging to Thomas Wray Esquire a Papist [Page 12]and Delinquent; which seams of coals belonging to the said Mr. Wray, were onely the half yard and 3 quarter seam of coals, the greater seams of coal, viz. the five quarter seam and nine quarter seam being then drowned and not won or wrought. And he further deposeth that on or about the 6 of February 1645. upon the said Mr. Wrays Petition on the behalf of his creditors, the Committee for Sequestrations for the said County, Ordered that Mr. Rich. Pearson of New Costle, or any other of Mr. Wrays creditors well affected, that would undertake the working of the said colemines, called the half yard and three quarter coal, should have a lease thereof granted for one year, there being then no coals of the said Mr. VVrays visible but onely the coals that did come from the two seams commonly called the half yard and three quarter seams, the five quarter seams and nine quarter seams being then ungained, the profits whereof should be all wed to the said creditors, but neither the said Pearson nor any other of the said Mr. Wrays creditors did accept of any lease to work the said mynes: And this Deponent knoweth that neither the said Mr. VVray, nor any of his Agents, did from thenceforth to this day, work any part of the said coalmynes, except the workmen of the grounds got some for their own fire; And he also knoweth that Capt. Thomas Lilburn took an estate of the eight part of the said five quarter coal and nine quarter coal, from VVilliam Commondale Gentleman for certain years not yet expired; and the said Mr Wray pretending to have some estate in another share of the said seams, called the five quarter and nine quarter coal; He, this Deponent, and Mr George Lilburn at the desire of the said Mr. VVray by his Servant William Madison, did give Mr. VVray a meeting at Ferryboat in the said county about April or May (as he remembreth the time, to see what estate the said Mr. VVray could make to the said seams of five quarter and nine quarter coal, where the said Mr. VVray did shew deeds that intitled him to a fourth part, and no more of the said seams of nine and five quarter coal, for the tearm of certain years, then and yet unexpired; but neither this Deponent nor the said George Lilburn (to this Deponents knowledge) ever offered the said Mr. VVray 5000 l or any other sum at all for his interest in the said coalmine, but told him if he could inable himself to work his share, they would be content to joyn with him in the winning and recovering the said Mynes, and so referred the business to another meeting, but they never after gave him any further meeting about it, well knowing him to be a Delinquent, and all his his estate to be liable to Sequestration. And he further deposeth that he never heard, nor doth he in the least believe, that Mr. George Lilburn did acknowledge to the said Mr. VVray, that he the said Mr. Wray had a title to 7 parts of 8 of the said Colliery, and the rather believes it, forasmuch as the said Mr. Lilburn at the said meeting audibly read over the Deeds of the said Mr. Wray, by the which there did no more in the least to the best of this Deponents understanding, appeare due to him but barely a fourth part. And the said M George Lilburn said then unto the said Mr. Wray, that he could not have believed, that the said Mr. Wray had had so cleare a Title to his fourth part, had he not so plainly read it in the said Deeds. And he further believes, that the said Mr. George Lilburne did not then nor any time since, acknowledge that the said Mr. Wray had a good [Page 13]right to 7 parts of 8 of the said colery, forasmuch as he hath often heard the said Mr George Lilburne affirm, that in or about the year 1641. hee was chosen a Commissioner by Mr Morley in a Suit in Chancery depending, for examining witnesses betwixt the said M. Morley and one Mr. Lewis and Mr. Levet; which commission was set upon at Northalerton in the county of York, where the said Thomas Wray was examined as a principall witnesse for the clearing of the estate of the colery, the thing in controversie, and he the said Wray, did then and there positively swear, that his right was no more but a fourth part of the said colliery in question, as by the said depositions upon Record in the Court of Chancery, reference being thereunto had, more fully appeareth, unto which this Deponent referreth himself; neither doth he believe that the said George Lilburn did ever tell one Mr. Swayne mentioned in Sir Arthur Haslerigs Certificate, that he the said Lilburn had made an agreement with the said VVray for any part of the said colliery, neither can he believe or can imagin it possible, that ever the said Wray hath disbursed 16000 l. about or in the managing of the said colliery, for as much as he could never hear him in the least at any time to be judged a man in lands, stock or credit, able to lay out such an estate as 16000 l. is, although this deponent have known the said Mr. VVray above 30. years. And this deponent further maketh Oath, That he hath known the said colliery very nigh 40. years, and hath known many that have disbursed great sums for the winnining thereof, who have all complained they have had great loss, but never heard of any that gained any thing by i [...]. And he further deposeth, That after the meeting with the said Mr. VVray, and perusal of his deeds, and that it was informed that Jesi [...]h Primat of London, Leather-seller, had the greatest interest and share of the said colliery of the five quarter and nine quarter coal, Mr. Lilburn and this deponent dealt with the said Mr. Primat for a lease of the said 5 quarter and 9 quarters seams, which was granted to the said George Lilburn, and this deponents son George Gray the younger, for five years of the moity of the said Mynes, and after those five years ended, then for a further Lease for seaven years, of three quarters of the said Mynes, under certain rents agreed on, by vertue of which lease, they entred and won and wrought the said colliery: and in or about the Month of May 1648. by ill accident, the said colliery was fired, and about 50 workmen thereby perished, and about August next after, the said Mynes by a great stood were drowned, whereby he believeth the said George Lilburn and his son suffered great loss, besides one thousand pounds and upwards clear out of purse; and afterwards the said George Lilburn and his said son, at their great charge, recovered the said Mynes, and had and enjoyed them til 1649 when the said Thomas Wray enformed Sir Arthur Haselrig and the Committee at Durham, that he had the interest of 7 parts of 8 to be divided of the said colemynes; which the said George Lilburn, being then one of the Committee, denied, and alledged that Mr. Wray had but onely a fourth part thereof, and that the other three parts belonged to the said Josich Primat and others; whereupon the Committee 13 August 1649 ordered that all parties should upon the 11 of September next following produce their writings and evidences touching their several titles and claims to the [Page 14]said colemynes, at which day the said Mr. Primat and Thomas Levet Esquire, under whom the said Mr. Primat claims his interest, were come down from London to Durham, and was ready before the Committee to prove his said title, and brought with him his Councel, one Mr. Turner to plead his cause, who if he had been suffered, would have made as he believeth, the title clear; but was so taken up and affronted by Sir Arthur Haselrig, who took upon him the whole matter, that Mr. Turner could not open the business, insomuch that the standers by did admire at such injustice; yet Mr. Turner desired that Mr Wray might produce certain deeds or leases of the said Mynes which he had in his keeping; which concerned Mr Primat as well as Mr Wray; But Sir Arthur said he should not, then Mr. Turner desired that Mr. Wray might declare the truth, which the said Mr Wray said he would; but Sir Arthur rising up in an angry manner, shaked his hand towards the said Mr. Wray, uttering these words, I charge you speak not a word, for if you do, it shall be no better for them, and it shall be the worse for you, for I know how to handle you; or words to that effect. And this Deponent further saith, that afterwards Sir A thur with Col. Fenwick and Col. Wren, drew up an Order privately, and brought it to the Clark of the Committee of Durham to enter it, contrary to the opinion and knowledge of some of the Committee, as by their Certificate under their hands, which this deponent hath lately seen, may appear.
And this Deponent further maketh oath that Mr. George Lilburne, and this Deponent was served with a warrant to appear before the Lords and Commons, to answer a Petition preferred by Captain Francis Swayne one of Mr. Wray's creditors, about January or February 1647. To the right honourable the Committee of Lords and Commons for sequestrations; in which Petition he complained, that the said Thomas Wray had a right to the said Colliery of Harraton, which he valued at 16000. l. and was kept out of it by Mr. George Lilburne, and this Deponent, so that neither he nor the State for his Delinquency could injoy any benefit by it; Upon which Petition the now L. chief Baron Wilde having then the Chaire there, passed an order to refer the consideration of the Petition to Mr. John Bradshaw now Lord President; After which a set day of hearing was appointed, where divers members of Parliament appeared, and sat upon the hearing of the business: And the now Lord President as Councel for the State, was fully heard, and the said Mr. Lilburne, and this Deponent having no Councel then present appeared, and the said Mr. Lilburne gave the said Lords and Commons, such full satisfaction by demonstrating his, and this Deponents sons legal right to those parts they now claim, and that the said Mr. Wray had no right at all to any more then a fourth part, for which the said Mr. Lilburne then offered the said Lords and Commons; That if either their honors, or any other for the use of the State, or any other in the right of the said Mr. Wray, would put in their Stock, he the said George Lilburne, and his Partners would be true Accomptants, and be very glad to yeild up to the said Mr. Wray, or the State, or any other in his right a clear fourth part of profit, or any other larger proportion that could legally be proved to belong to the said Mr. Wray: upon which hearing, and prosers of [Page 15]the said Mr. Lilburne, the said Lords and Commons threw out the Petition and Complaint of the said Captain Swayne, and openly at the board much commended the said Mr. Lilburne, for his honest, fair, and just dealing, and profers. And this Deponent further maketh oath, that he heard the said Mr. Primatt say to Sir Arthur Haselrige at Newcastle, it was in vain for us to come here, for he, the said Mr. Primatt was told, that Mr. Wray told his friends, that sir Arthur was to have the Colliery, and that he the said sir Arthur had undertaken to pay Mr. Wray's debts, or words to that effect.
UPon which foresaid Order of yours, or some of you, and others of the Commissioners, Mr. Reading perfected his report, the first of February 1650. & the later end of that month, viz. the 27. day, we came to a hearing upon it, where Sir A thu [...] appeared as the Prosecuter, and so behaved himselfe with sweating, foaming, and dominiering, as, if he had had a priviledge to ingrosse all the discourse where ever he comes, and none else had a power to contradict what he saith: But you (as I will say) unjustly over-ruling our chiefest Depositions, (although our case in my judgement both as to possession and Title, was made as clear as the Sunne by Mr. Readings Report) for which I have been severall times told he was sufficiently chid, for that he durst be so honest:) upon which your over-ruling our said Depositions, we let that petition fall, having liberty of right as also by your Order, we preferred a new one; and upon your Order thereupon, I rode almost fourscore miles a day towards the county of Durham to fetch up new witnesses, in such weather that the wind and haile-stones had like to have beat out both my eyes (one of which to this very day I could never since perfectly recover) and there I found our claim to be so clearly able to be made forth, both to title & an uninterrupted possession and that the 5 and 9 quarter Seams of coals were never in this world in Wrayes sole possession, nor never sequestred in 1644 for his delinquency, both of which is most falsly suggested in the foresaid certificate of Sir Arthur, and the pretended Committee of Durham, that I judged it a case so just and honest, as that I might have comfort in it to venture both my life and estate in the defence of it, which I have since done, and to the death shall by Gods assistance still doe; and what injustice you have since offered us in that case, cannot better in my judgement briefly be set forth, then by the inserting Mr. Primats Petition to the Parliament upon Tuesday being the 22 of this present July 1691. the copy of which as it was in print delivered at the Parliament doore, thus followeth,
To the Supreme Authority of this Nation, the Parliament of the Common-wealth of England.
The humble Petition of Josiah Primat Citizen and Leatherseller of LONDON.
THat Sir John Hedwarth Knight, was seised in Fee of the Mannor and Cole-mines of Harraton upon Sunderland river in the county of Durham, under whose Title your Petitioner and one Thomas Wray Esquire, Anthony Metcalf, and William Commondell Gent. and their Assigns, were and are interessed for a long term of yeares yet in being in the two greater Seams of coal there, called the 9 and 5 quarter Seams viz. your Petitioner in one moity of those Seams, the said Thomas Wray in one quarter thereof, the said Metcalf in one halfe quarter thereof, and the said Commondell in the other half quarter thereof.
That in 1642. the said Seams were lost and drowned, and lay so lost till 1647. when your Petitioner demised his said moity to George Lilburne and George Gray Junio [...], Esquires, for 12 years at certain Rents, who by the expence of at least 1500 l. regained the same, and quietly enjoyed & wrought them till 1648. the said Wray and Metcalf neglecting and refusing to joyn with them in that charge and work.
That in 1648. by a sad mischance with the losse of almost 60 mens lives, the said Seams were fired and lost again; but before the end of that year at the vast charge of your Petitioners said tenants, they were regained, and quietly enjoyed and wrought by them till September 1649 to the great advantage of the State in abating the price of coals, and increasing Trade in that River.
That in September 1649 Sir Arthur Haselrig acting as one of the Committee for Sequestrations, with two others, viz. Col. Fenwick, and Col. Francis Wren in the said county, unjustly caused your Petitioners said tenants to be dispossessed of the said Seams of coals and their utensils to be seised & taken from them, under pretence that the said Seams wholly belonged to the said Wray being a Papist Delinquent, and had been sequestred as his estate in 1644. whereas in truth they were not then in being, being absolutely drowned.
That your Petitioner being then in that county, by his Councell humbly moved that Committee before they sequestred his estate, that either the said Wray (who was then also in Court) might shew forth his Title and Evidence, (your Petitioner and his Tenants being in quiet possession) or that the said Order for the sequestration of the said 9 and 5 quarter Seams in 1644. might be produced. But Mr. Wray could neither produce any Evidence, nor Sir Arthur any such Order, And yet your Petitioners said estate was presently sequestred, and his Tenants ejected and dispossessed, although [Page 17]he doth confidently believe that neither Sir Arthur nor colonel Fenwick had any legall right to act there as Sequestrators, having not taken the Oath appointed by Ordinance of Parliament of 27 May 1644. for all members whatsoever of Committees of Sequestration to take before they intermeddle at all with Sequestration; and two of the legal Committee of Sequestration there, viz. col. Milford, and Rich. Lilburne Esquire, did enter their Protest in the Committee Book against the unjust actings of the said Sir Arthur Haselrig; to which illegall practices of Sir Arthur, the major part of the Commissioners at Haberdashers Hall refused to suffer your Petitioner to examine his witnesses to.
That your Petitioner appealed (which was upon the 28 June, 1650.) to the Commissioners for compounding, and before them was ready to make his title appear by good evidence, and particularly by the said Wrays own depositions in Chancery, taken about 9 years ago in a cause then there depending about the said colliery, where he positively swears he hath but a fourth part; but in February last, when this business came to hearing, the Major part of the Commissioners rejected Wrays said depositions in Chancery, and would not suffer them to be read. The first time that ever depositions in Chancery were refused for good evidence (especially against the party swearing them) in any Court of Equity in England, that ever your Petitioner could hear of.
That thereupon by the Order of the said Commissioners, your Petitioner preferred a new Petition, (which was upon the of February, 1650.) before them, setting forth his title to, and possession of the said moiety of the said Seams, and sent above 200 miles for 7 or 8 substantial witnesses, several of which have lived a long time upon the place, and were workers about the said Colliery, and examined them, and staid them here many days after at his own charge, that they might be cross examined for the State. And after obtained*As appears by their order dated publication in the cause, by consent of the States Solicitor, and a report of the state of the case, and got a day of hearing appointed, and an Order that Mr. Wray should be present, and produce his deeds and evidences at the hearing: but the said Wray (though duely summoned) appeared not the first day, nor the second, nor third appointed daysa of hearting, till your Petitioner got him commanded up by the Councel of State.b
That when the said Wray was come up and should have brought his deeds into Court, and gone to a speedy hearing, according to your Petitioners expectation, and several Orders of the Commissioners for that end, the Major part of them ordered the said Wray six weeks longer day to bring in his deeds, and to attend the hearing, and that in the mean time he might examin new witnesses; which is held, (as your Petitioner is informed) a most dangerous course in all other Courts of Justice, and the mother of much [Page 18]perjury, and which three worthy members there, viz. Mr. Moyer, Mr. Barners, and Mr. Moor, in open Court cried shame on, but were overruled, by the influence of Sir Arthur (being the principal instrument of placing the said Commissioners in their power) as your Petitioner by their dealings with him, having just cause to judge, hath more prevalency with them, then the rules of Justice and right, as in part may appear by the Copy of his Petition delivered unto them, hereunto annexed.
The Premises considered, and for that your Petitioner hath now for almost two full years, been most injuriously, and arbitrarily thrust out, and as unjustly kept out of his rightfull estate and possession, (without ever having any pretence of title set up against him) the clear profit whereof by Sir Arthur Haselrig's own Certificate, amounts to 15 l. a day, and all that while no piece of a proof of the States Title offered or produced, and in regard Sir Arthur Haselrig hath put certain of his Officers and Soldiers into the possession of the said Colemynes, which are but unskilfull Collyers, and (as your Petitioner is lately informed) do work the Mynes very foully and injuriously, and are like to destroy them, and so will indanger your Petitioners utter undoing, in point of breach of Covenant with his Landlord, John Hedworth Esquire, son and heir of the aforesaid Sir John Hedworth, the Inheritor of the said Mynes.
Your Petitioner therefore most humbly prays the Justice of the Parliament, that he may either be restored to his possession upon good security given to the Parliament, to be answerable for the profits, in case hereafter the said Mynes shall appear to be duely sequestrable. Or otherwise that the Commissioners for compounding, may be commanded by your Order forth with to hear and determine the whole matter, and admit Wrays Depositions in Chancery for evidence against himself; or else in case of further delay, that the said Sir Arthur Haselrig, and the other two that arbitrarily took away your Petitioners possession with all those Officers and Commanders of Sir Arthurs, that now possess and enjoy the profits of the said Collyery, may forthwith be ordered and compelled by your Honors, to give your Petitioner good security to answer him the profits of the said Collyery, his dammages and expences, in case the said Collyery be judged your Petitioners, or that you will declare that without the check or controul of this honourable House, or the Committee of Indempnity, he may have his remedy at Law against the said Sir Arthur, and all whatsoever under him, or that have joyned with him to act illegally, and arbitrarily against your Petitioner and his said Tenants, and that you will take care to maintain the honor and dignity of Parliament (which doth consist in doing Justice and right without respect of persons) by dealing with Sir Arthur according to his demerit, in case your Petitioner shall fully make it appear to your Honors or some of your Committees, that Sir Arthur hath meerly acted arbitrarily, and without all shadow of Law or Justice, in taking your Petitioners right and propriety from him; himself, and his own privat gain and interest, being principally at the bottom of these his proceedings.
To the honourable the Commissioner for Compounding
The humble Petition of Josiah Primatt, Citizen and Leatherseller of London.
THAT the Colliery of Harraton in the County of Durham, consisting of four Seams of Coal, distinguished by the names of the half yard, three quarter, five quarter, and nine quarter seam of Coal, and that one moity of the five and nine quarter seams of Coal in the said Colliery were wrought under your Petitioners title, one of them until 1640. and the other until 1642. and from that time, both the said seams of Coals lay drowned and unwrought until 1647. at which time your Pettioners tenants (viz) Mr. George Lilburn and Mr. George Grey the younger, as to one moiety, and the tenants of one Commondale, and one Metcalf as to another fourth part of the seams of coal, undertook to regain and work the said 5. or 9. quarter seams of coals, and by the expence of neer 2000 l. they did regain and work the same until May 1648. at which time the mines were fired, and above 50. persons lives lost thereby, and within two monthes after by a flood, the said mines were drowned again, and by the end of that year were regained again by the vast expence of your Petioners said tennants, George Lilburne and George Grey, who enjoyed the same until September 1649. And within two moneths after were sequestred by sir Arthur Haselrige, &c. and by Souldiers violently taken from your Petitioners said tenants, meerly ont of pretence that they were sequestred in 1644. as belonging to one Thomas Wray of Beamish in in the said County, a Papist Delinquent.
That before the day of sequestration, your Petitioner went down into the County of Durham, and by his Councel desired the Committee there, that the said Mr. Wray might shew hi [...] title, and evidence to the said mines, or that any order in 1644. for sequestring the same, as belonging to the said Mr. Wray, might be produced; but upon the day of hearing before the Committee of Durham, no such order could be produced, and it would not be permitted by sir Arthur Haselrige that the said Wray should shew any title thereunto, as is already deposed before your Honors, by divers witnesses then present.
That your Petitioner thereupon appealed to your Honors, and after long attendance, comming to a hearing about the seven and twentieth of February last, the deposition of the said Wray in Chancery, not being allowed to be used, although in October 1641. he positively swore that he had no interest at all in the 5. and 9. quarter coal, but a fourth part; which oath in any Court in England, ought not to be denied for good evidence against himself, and the depositions of other witnesses being laid aside as parties, although they offered their oathes, that they had no interest therein in Law or equity, and there was no writing purporting the same; Your Petitioner thereupon was necessitated to withdraw [Page 20]his Petition, and to present a new Petition according to your order, stating his title unto the 5. and 9. quarter seams of coal and his possession thereof, and to send above two hundred miles for several witnesses to prove the same; and your committee of Durham, and Mr. Eowle, were ordered to take a special care of the Common-wealths Interest therein, and Mr. Wray was ordered to be at the hearing, and to have monies allowed him for his charges, and to bring with him all his deeds and evidences concerning the same.
That your Petitioners witnesses being examined, and according to your Order, publication had, and a report of the state of the case being drawn by Mr. Reading, you were pleased to appoint a day for hearing the case, and to order that Mr. Wray should be present at the same to produce his deeds, and evidences, and he not coming, a second day of hearing was appointed, and the said Wray ordered again to be there; and he not coming, it was pretended, that the reason was because he had not a licence from the Councel of State to come to London, although your own Officers had for about two moneths been ordered to procure such a licence, whereupon your Petitioner undertook to procure such a licence, and in one afternoon did procure the same, and sent it down by the Post.
That now the said Wray having been come to London above a week, your Petitioner expected his hearing,, according to your several Orders, and that Mr. Wray should have brought his evidences into Court; but in steed hereof on Friday last, he findes Mr. Wray Petitioning for three moneths longer time, but states no title at all, nor produceth any deed according to your several Orders in the said case, nor names any deed of any date, that he would have time to prove; and at last makes(*)Whose oath is dated the 27. of June 1651. Oath that he hath material witness to examine, but names not unto what, and being asked who they were, he said in open Court, he knew not; yet contrary to the rules of all Courts of Justice in England, that Affi-davit of the said Wray was admitted by your honors, as sufficient to give him a longer time.
That your Petitioner humbly offers it to you, that by confession of all parties, you took the said 5. and 9. quarter seams of coals out of your Petitioners possession in 1649. and that in neer two years since, no proof is offered on the behalf of the State, that the State was ever in possession of the said seams of coal by sequestration, which ought to have been upon record, if it had been so, and that your Petitioner hath proved by many sufficient witnesses, that the 5. and 9. quarter seams of coal was never wrought, from 1642. till 1647. When they were won and wrought by your Petitioner and his tennants and others: claiming from Metcalf and Commondale; and that in such cases, by your own rules, you do take away no mans possession, until the States title thereunto appears: And if it be doubtful, you suffer the Possessor to enjoy it upon security.
He further offers, That in case the said 9. and 5. quarter seams of coal should by ill management be drowned, fired, or the Pits wrought out, a vast sum of money would not recover the same, and he knows not how he shall be repaired.
[Page 21] He therefore humbly prays, That he may either be restored to his possession, upon proof hereof, now before you, at least upon security, which you do in ordinary Cases, upon an Affidavit onely: Or otherwise that his Case may be heard forth with, no Title ever yet being set up against him.
And to make it further appear, that it was not the nine and five quarter seams of cole that was under the pretence of sequestrations in 1644. but only the half yard and three quarter seams of coles; take a copy of an Order, made at Durham, the 13 of August, 1649. the Original I have by me, all writ with Master Gilpin the Clerks own hand.
VPon the hearing of the cause depending betwixt Thomas Wrey, George Lilburn, and George Grey Esquires, touching the Colyeries at Harraton, it appeared to the said Committee, that the half yard and three quarter Cole was wrought for the use of the said Master *And yet I have seen two depositions taken by Master Cary, that contradicts this Order, and saith positively, that then one M. VVilliam Fenwick of Harraton, farmed the said half yard and three quarter seams of cole of Master VVrey, and wrought them upon his own accompt, and that Sir William Armine, &c. onely sequestred Wrays rent of the said smal seams, and by bargain and sale bought divers 100 Chaldron of the said coles of the said Fenwick, for part of which he paid him ready money, and the rest remains unpaid for at this day. Wrey or his assignes, and for no other person in the year 1644. and that in the same year the said Colyery was sequestred by Sir William Armyn for the use of the State, and the said Sequestration was not at any time since taken off. It is therefore thought fit, and so ordered by the said Committee, that all the said parties shall produce their writings and evidences, touching their several titles and claims, either from Master Primate of London, or any other person, and their several witnesses to be examined by the said Committee upon Tuesday the eleventh day of September next coming. And that the present tenants or occupiers of the said Colyeries, shall continue the working of the said Colyeries in the mean time as tenants to the State: And that Lieutenant Edward Shepherdson shall forthwith enter unto the said Colyery, and take possession thereof, for the use of the State, till the title shall be determined and tried, and shall take true and perfect accompt of all the Coles that are or shall be wrought in the said Colyeries, and of all the charges and disbursments to be laid out and disoursed in the working thereof, during that time. And the said Lieutenant Edward Shepherdson to have such reasonable allowance for his pains, as this Committee shall think fit.
And because by a Member of Parliament, that was by in the Speakers Chamber the other day, I am credibly informed that Master Winslow was with the Speaker there, and endeavored very much to render my Unckle and M. George Grey to be two base fellows, according to the contents of the said false and unjust Certificate of the foresaid pretended Committee of Durham; and said what else of him he pleased, and indeavored very much to reprorch me by accasing me of indeavouring [Page 22]to divide the Army amongst themselves, and the Parliament amongst themselves; and now the Commissioners amongst themselves, by setting three against four, and that it was a false averment of us, to say there was publication in the case. I shall therefore disprove that fully, only I desire this may be observed, that Master Cary your Examinor upon our last Petition, examined all our witnesses upon interrogatories, and it was your Order that commanded our depositions out of his hands; which Order compared with your other Orders for three several days of hearing, is sufficient with another that either is, or ought in your Books to be entred to prove there was publication in the case: but before I come to that, let me tell you it is but a poor guilty shift to put off the reading of Master Primates Petition, because either George Lilburn, George Grey, or Iohn Lilburn, is so and so; therefore it is not [...]t to read Master Primats Petition, and to do him justice and right: for Master Primats Petition is either true or false, and you have either do [...]e him injustice, or you have not; however let us come to a fair and equal hearing. And I do here aver, I dare ingage my life to prove the whole Petition against you, but seeing you have by your daily reproaches put me to it, by calling my Vnckle cheat, &c. at your open Table upon Thursday last in the case of the Lady Tong; I do aver that you are four of the most unjustest, and unworthiest men, that ever the Parliament made in one place Judges in England; and that you are fit for nothing but to be spewed out of all humane society, by all ingenious rational men; and that for the injustice you have acted, and the dishonour you have done the Parliament in your places, you deserve a sharper and severer punishment from them then King Alfred gave to those forty four Judges he hanged in one year for their injustice, whose petty crimes in comparison of yours, are recorded at the latter end of the Law Book, called the Mirror of Iustice; you deserving for example sake, (all circumstances considered) rather to have your skins flead over your ears, and stopt full of straw, and hung up in some publique place, to deter others from doing that multiplied grosse wickedness that you have committed in a short time; and so now I come to your forementioned Order, the copy of which thus followeth.
By the Commissioners for compounding, &c. 28 Martis, 1651.
VPon motion made by M. John Lilburn, alledging that M Josiah Primat hath severall witnesses in Town, which can give testimony concerning the Colyery of Harraton, and desires that the said witnesses may be speedily examined here in Town. It is ordered that M. Fowle do examine the said witnesses by this day seven-night.*And upon the expiration of this Order, Major Iohn Wildman in open Court made a motion for publication of the depositions, unto which Master Fowles Solicitor for the State in open court consented unto, upon which by special order, there was publication, which if not entred in your Books, the fault is none of ours. And in case that the said witnesses shall be detained longer in Town on behalf of the State, that then their charges expended in such stay, be allowed unto them. And it is referred to M. Reading after such examinations taken, to peruse the same, and also the Petition of the said M. Primate, and Report the case.
The forementioned Orders for hearing the cause thus followeth.
By the Commissioners for compounding, &c. 22. May 1651.
WHereas we ordered 21 may current, That the Case touching the Coliery at Harraton should be heard on Thursday then next come fortnight unlesse Mr Fowle shewed cause to the contrary by Wednesday then next. Now upon the desire of Mr. Fowle on behalf of the Common-wealth, that there may bee longer time given for the hearing of the said cause; and that Mr. Wray might according to former order, be sent for up to be present at that time, with what Evidence he hath in his hands, touching the same: It is ordered that the said Case be heard on this day three weekes, unlesse just cause be shewed to the contrary. And Mr. Wray is required at the time to attend here and bring with him all the Evidences and Writings in his hands concerning the said Coliery, and that he have timely notice thereof. And the Commissioners for Sequestrations in the County of Durham, are to certifie to Ʋs such notice the week after the receipt hereof, and pay to the said Mr. Wray 5. l. for and towards his charges. And that Mr. Fowle doe attend the right Honorable the Lord President of the Councel of State, for a licence for the said Mr. Wray to come up to London accordingly, he being a Papist and Delinquent.
By the Commissioners for compounding. 5. Junii 1651.
WHereas we ordered 22 May last, That the Case touching the Coliery at Harraton in the County of Durham, should be heard on that day three weekes, unlesse cause were shewed to the contrary. And Mr. Wray required to attend here at that time, and to bring with him all the Evidences and Writings in his hands concerning the said Coliery, and to have timely notice thereof. And the Commissioners for Sequestrations in the County of Durham, were to certifie such notice to Ʋs the week after the receipt of the said Order, and to pay the said Mr. Wray 5. l. for and towards his charges. And that Mr Fowle should attend the right Honorable the Lord President of the Councell of State for a licence for the said Wray to come up to London accordingly, he being a Papist and Delinquent. Now for that upon information given to Ʋs by Mr. Fowle, that hee hath not as yet procured a licence from the Councel of State for the said M. Wrays coming hither at the day of hearing aforesaid; and upon consideration had thereof, and the short space of time now remaining for the said Mr. Wray to come up hither, the three weeks for hearing the said Case being farre spent, so that we have not time to addresse our selves to the Councell of State for a licence for the said Mr. Wray: It is therefore resolved, and so ordered, That the said Mr. Wray doe forthwith upon notice hereof, repaire hither, and bring with him all the Writings and Evidences in his hands touching the said Coliery, to be present at the hearing of the said Case: and for which this shall be his sufficient Warrant. And it is further ordered, That the Commissioners for Sequestrations in the said County of Durham, doe forthwith pay unto the said Mr. Wray the summe of five pounds for and towards his charges, &c.
But to return back, the said Sir Arthur Hasterig fell upon my Vnkle, about the Land he farms at Ford, as if he had cozened and cheated the State there, and hath put him to a great deale of trouble and charge thereby, although he justly farmd it of those that had a right to Le [...] it. [Page 24]the main drift of sir Arthur, to my understanding, being to get al that land of Ford, with all other lands of the late Baron Hiltons that he gave to the poor of London, &c. invested in the present Col. Hilton a delinquent, that so he might by himself, ragents, get him put into the Bil of Sale, being a gallant and fit parcel of Land (lying close by Esq Hedworths) for Sir Arthur to purchase at the hands of the State, after the Rate of his owne surveying, and add M. Hallimans Ballast key and Land at Munckwarmouth near Sunderland, if Sir Arthur could get that made to be (as he strongly endeavours it) Pudseys, the Delinquents, it would be fit for the Bil of sale also: And so Sir Arthur in time might have a fo [...]ing even from the spring of the River Wear, to its going into the [...], for I am sure lately Sir Arthur came to plead his cause against poor Halliman which hee did with that violence that I never heard man in life do, & he declared himself in my hearing, that the land claimd by Halliman was just and fit to be put into the Bill of sale.
Another of Sir Arthurs unjust dealings with my Vncle, is his going about to make him a deceiver, and the cheater of the State about the Colliery of Lamton, in which I am confident he dealt as justly and as honestly as any Tenant in England could doe that took such a thing of any man for a valuable consideration, that had a right to let it.
Another piece of sir Arthurs dealing with my Vnkle, was in his sequestring that Land he had in mortgage from the Lady Tonge for 600 l. in redy money to pay her sons Composition, as if he had by so doing committed the horriblest cheat against the State that possibly could be but M. B [...]eretons Report, and your own Order made upon Thursday last, being the 24 July, 1651. hath sufficiently cleared my Vnkle for an honest man in that particular, although M. Mollins at the beginning of the caus could with open mouth in the Court call it a notorious cheat, which was reproved by Major Wildman, by demanding of him if he were not ashamed to condemn a thing before he heard it, or understood it; but it seems Sir Arthur had said it, and left his commands with him so to cal it: and therefore right or wrong he must believe it and obey it: and M Winsloe, and M. Squib both did their parts to that purpose, but truth and the reason of M. Moyer was too strong for you all three.
Another piece of Sir Arthur Haselrig most false and wicked dealing with my Uncle, was at Haberdashers hall, not long since, when he and I had the tug for 5 or 6 houres together hand to hand, where he would have had you to have past sentence upon my Vncle upon 3, or 4 verball charges of his, prosecuted with that heat by him, as if it had laid upon his life, which were all falshoods and lyes in themselves, and for a taste of one for all give me leave to whet up your memories, that when Sir Arthur came to tax my Uncle for cheating of the State of the profits of the land of Harraton, as wel as of the coliery, which was sequestred only for the Delinquency of the foresaid Thomas Wray, as he aver'd, being all [Page 25]of it his and he or you the Commissioners demanded my Vncles answer unto it, which I gave to this purpose, that we denyed every thing that Sir Arthur said there, being nothing but falshoods and untruths in all his averments; and put it upon him to prove what he said: at which he being very mad, that such a man of his rank and quality as he was, & one who had from the Parliament so great a trust upon him, should be so affronted as he was, by such a man as I was; unto which I replyed to this purpose, That setting aside his authority, with which I would make no comparisons, I judg my self as honest and as good a man as himself, and come of as good parentage as he; and if he or the greatest man in England durst go about in my hearing to make my Father and his generation a company of knaves and cheaters (as he that day had done) in things or for things, for which my conscience told me they had don nothing but justly & honestly, I should not judg my self worthy to be accounted to com from the loyns of so honest & just a man as my Father was, if I should hear him so basely abused to his face, as he had abused him, and suffer it in silence; for he hinted as if my Father and Vncle had defrauded or lost unto the State 12000. a year of sequestred lands; and that my Father had made himself rich by medling with sequestred lands, and therfore if he durst abuse my Father in things I knew to be false, I durst tell him he spoke falsly in any place in England; and therefore if he would not by me bee told of his falshoods, let him speak truth But Sir Arthur at that time began to lift up his eyes and hands, and call for vengeance from Heaven, averring upon his soul, his conscience & honor, & calling the grear Lord God of heaven and earth to bear witness, that he spoke nothing but Truth; and that as ever he expected to appear with comfort before the Lord, the land of Harraton, which Esq Hedworth lays claim to, was M, Wrays, and was sequestred for his delinquency, and his only and alone; and this I know, saith he; you have a Certificate of from your own sworn commissioners, who are men of honor and conscience, and therefore desired it might be read; Of which Certificate, and all others about that land, I was totally ignorant of, and had never seen not heard read before, to my knowledg; and M. Baily the Clerk being commanded to read it, he read a Certificate, the copy of which thus follows
Gentlemen, we formerly returned that we had sequestred the Lands at Harraton for the Recusancy of the Lady Dorothy Hedworth, the relict of Sir John Hedworth deceased. And we perceiving by several Orders sent unto us, that John Hedworth Esq son of the said Sir John Hedworth and the said Lady, is endevoring a pretended right thereunto, to get off the Sequestration; we have therefore sent the depositions inclosed with a copy of a deed which holds forth the Ladies interest, and the originall deed being in the custody of Mr. Levet, or Mr. George Gray, who now live and recide at London, we have sent what testimony was produced unto us by the said Lady Derothy Hedworth, and desire that Mr. Levet and Mr. Gray aforesaid may be called before you, and injoyned to produce the said Original deed, whereof this inclosed is a Copy, in case the State be prejudiced by taking off the sequestration of the said estate, by destroying the Ladies title, which determins not until her death: We remain.
[Page 27]At the reading of which you may remember Sir Arthur was full of rage at the Cleark, but I helpt to stop his mouth a little, by appealing to you to be Judges whether there was either conscience, honor, faith or truth in Sir Arthur Haselrig, or that there was any credit to be given to any thing he had said or sworn, seeing he had so solemnly averred, protested, and imprecated, and cal'd God to witness, that the land was sequestred onely and alone for Mr. Wrays Delinquency; and his own Record that he first produced to prove his assertion, saith the quite contrary; but although I then plyd him with hot cloaths, and made him in the face as read as a Turkeycock, yet he was not totally dasht out of Countenance; but to mend the matter, called for another Certificate, saying he was sure there was such a Certificate as he spake of; which being before the Gleark, it was read: The Copie of which thus followeth.
Gentlemen, According to your Order granted upon the motion of Mr. Higgins, in the behalf of John Hedworth Esquire of Harraton and William Hollyman of Monkewarmonth, dated July 12. 1650. We do hereby certifie that concerning the Lands in Harraton, pretended by John Hedworth to have been in his possession for several years last past: It appears to us, that about May-day 1647. the said lands were sequestred by the Committee of Sequestrations for the County, as belonging unto Thomas Wray of Beamish Esquire, he being then in the sole possession thereof, and so having had the possession for many years, and that they were letten by the Committee to several Farmours for 200 l per annum, and that Mr. George Gray, one of the said Committee, dealt with the said Farmours, and got into the possession of the said lands, and so continued for several years together, not paying, any rent to the State. And that when the Committee about a year since called for their rent, and the arrears, Mr. Gray then stood up and claimed the said lands, as belonging to one John Hedworth, that married his daughter by collour of an intail, pretended to have been made by some of Hedworths Ancestors.
The Committee then finding the state had been so long disposed without any Order, and that by a member of their own Committee, and that it did belong to the State from the year 1644. that being the time that Mr. Wray was sequestred as a Papist in Arms, they ordered the said lands to be sequestred and disposed for the use of the State: And whereas Mr. Hedworth informs you that he was in possession for diverse years past, and that we put him out, the truth is, the State was long since in possession, the land belonging to Mr. Wray, and he being sequestred in the year 1644. and Mr. Wray has now a good estate in it. But Mr. Gray by vertue of that power as aforesaid, gets into the possession as under-tenant to the State, pays no rent, and after marries his daughter to Mr Hedworths and then also taking the profits to his own use; and when the Committee demanded rent and arrears of him, then held forth a Title in Mr. Hedworths name: And had not the land been long since in the possession of the State, we should not have turned Hedworth out of possession, but onely staid the profits, and acquainted you with it, and so we shall do in all cases of the like nature; but we hold it very fit and necessary, that where the State hath been possessed, [Page 26]they ought not to be put out of possession by any privat or clandestine way; but either publickly by Authority from you the Commissioners, or the Barons of the Exchequer, or by leave given from one of you to the plaintiff, to sue at common Law, care being taken that the States Title be defended; and we offer it to you, if it be not requisite that Mr. Gray be called to account for the profits of these lands, which of due and right he ought to pay to the State. And as for Monk-Warmouth Hal, it was sequestred in the year 1644. from one Ralph Pudsey a Papist in Arms, he being then in the possession of it, the aforesaid Mr. Gray being a Committee-man, took it of the Committee, and being then possessed of it, never paid rent to the State, and when he saw his time, he let Hollyman have the possession of the land, and took to himself the Ballace Shore, and so the State was deceived of both, and Hollyman by pretending a Title by marrying one of Robert Widdringtons daughters; Pudsey being then, and so continues still in Arms against us, the said Hollyman commencing a suit against Pudsey, pretending his wives Title to be better then Pudseys, and there being none to defend the Title, he hath gotten some legall collour, and so thinks utterly to dispossess the State of their Interest; and this is the truth of Hollymans Case: And we offer it likewise, whether Mr. Gray shall not give an account to the State for the profits of this, as for the other.
- Arthur Haselrig.
- Francs Wren.
- Thomas Delavall.
After the reading which, you may remember I told you to this purpose, that Sir Arthur had mended the matter wel; for he had now made his Commissioners as bad as himselfe: nay, he had made them knaves and forsworn men upon Record; Forasmuch as they are upon their Oathes, and yet return certificates point blank crosse to one another. I then desired you to consider whether there were any truth in those Commissioners, or any faith or credit to be given to any thing they say or sweare. And yet notwithstanding all this, I will shew you the copy of a third certificate or Order in the same thing, various from both the former, which thus followeth.
By the Commissioners for Sequestration. March the 21. 1649.
IT is ordered, That William Brewing Gent. Solicitor for Sequestration, shall forthwith repaire to Harraton, and take possession for the use of the State of all those lands and Coliery in Harraton, now under Sequestration, for the recusancy of the Lady Hedworth. and for the Recusancy and Delinquency of Thomas Wray and Ralph Rooksby, together with all the Gins and other Engins standing upon the grounds, for the working of the said Coliery late in the possession of Mr. George Lilburne and Mr. George Grey, untill they shall plead their Title before the Barons of the Exchequer, and give account to the State for the profits of the said coliery.
And if any observations upon their contradictions be not authentick enough to declare them contradictions to you, take the copie of your owne Order made that very day in the case, which thus followeth.
By the Commissioners for compounding, &c. 30 April 1651.
VPon reading of two certificares returned from the Commissioners for Sequestration for the county of Durham, the one dated 8 August 1650. The other dated 8 April currant, touching the lands of Harraton in the said county, betwixt which there seems to us to be some contradiction touching the persons for whō the same was sequestred: it is resolved that copies of both the said certificates be sent down to the said Commissioners, who are to certifie unto us how the said contradiction happeneth, and they are to search the Books and Records of the former Committee, whether Mr. Wray was not in possession of the said lands at the time of the first sequestration thereof; and they are to examine witnesses touching the same, and what profits hath been received out of the said lands since the sequestration, & by whom. And they are to examine witnesses upon Oath (if desired) on behalf of Mr. George Lilburne and Mr. Geo [...]ge Grey, or either of them, and to cross examine the witnesses on both sides (if desired) & to return the proofs and examinations to us sealed up within six weeks next easuing: Mr. Fowles is to draw up a charge against Mr. Grey out of the certificate sent up hither from the said Commissioners in the county of Durham.
Which Order having been served upon the Commissioners of the county of Durham with severall others about the lands of the said Harraton, yet they wil obey none of them, but keep the said lands from the right owner of them Esquire John Hedworth, although he hath proved that he was in possession when they sequestred it, sometimes for ones delinquency, sometimes for anothers And that he was in possession, take these proofs.
Witnesses examined in the case of John Hedworth, Esquire. 13. Feb. 1650.
John Clifton of Gateshhead in the County of Durham gentleman, sworn and examined, being demanded who was in possession of the lands at Harraton, now sequestred at the time of the seisure made; saith that Mr. John Hedworth was at the time of Sequestration actually possessed of the lands at Harraton, and that since he knew the said Mr. Hedworth, he hath frequented the Church, and was never in any service against the Parliament.
Thomas Petty of the City of Durham Apothecary, sworne and examined, saith, That Mr. John Hedworth was in actual possession of the lands at Harraton, now sequestred at the time of the last seisure, for that to this examinants knowledge, he tilled the ground and stockt it; and that the said John Hedworth was neither recusant nor Delinquent to his knowledge.
- Capt. Coram
- Thomas Delavell
- Frances Wren.
- Thomes Pettie.
- T. Bayly.
Some of the Copies of the forementioned Orders for his land thus followeth.
Westminster, By the Commissioners for compounding, &c. July 12. 1650. Upon motion of Mr. Higgins in the behalf of John Hedworth of Harraton in the County of Durham Esquire, and William Hollyman of Munckwar mouth in the said County, complaining, that whereas the before named [Page 29] Hedworth, hath had the possession of divers lands there for severall years last past, by vertue of a deed made by his Ancesters in the 41 year of the Queen, and that the said William Hollyman doth hold the moiety of the Mannor of Munck Warmouth in the right of his wife, which they have held for these several years; yet the Commissioners for Sequestration have turned them out of possession, notwithstanding they offered secrity to be responsible for the profits of the said estate, upon pretence that the estate belongs to delinquents and papists. It is ordered & the Commissioners for sequestration in the said County, are hereby desired to examin who was in possession at the time of their Sequestring the said estate; And if the said Hedworth & Hollyman were in the actual possession thereof, and be not Delinquents nor recusants, That then they be restored to the possession taken from them, giving security to be responsible for the profits of the estate to which they shall be restored; And in the mean time, the said Commissioners are to certifie the whole matter to this Committee: And that the said Hedwo [...]th and Hollyman prosecute the same to a Judgement here within the space of three months.
- Exam Jo. Leech.
- Jo. Berners.
- William Mollins.
- Edward Winsloe.
- Richard Moore.
But before I insert any more copies of your Orders, I shall here give you two of Mr. Hedworths Affidavits in the case, the copies of which thus follows.
John Hedworth of Harraton in the County of Durham Esquire maketh Oath, That he hath had the possession of divers lands in Harraton aforesaid, which he held to him and his heirs males of his body, by vertue of a deed made from his great Grandfather bearing date the 41 year of Queen Elizabeth, and that he kept and had the said lands in his possession for these 3 years last past; until in March last the Commissioners for sequestrations, put him out of possession, upon pretence that part of the said lands did belong to the Lady Hedworth his mother a recusant, and the other lands did belong to Thomas Wray, and Ralph Rookesby delinquents; and this deponent demanding a Certificate of the cause of sequestration, the Commissioners refused to let him have any; but took the possession of his estate from him, notwithstanding that he profered good security to be responsible for the profits of the said lands, in case any pretended title should be made good against his title; which is great dan mage to him, by reason that his cattel are unprovided for, and that his corn upon the ground may [...]u [...]er much by the ill loooking thereunto.
The Copy of his said second Affidavit thus folleweth:
Iohn Hedworth of Harraton in the county of Durham Esquire, maketh oath, that upon the sixth day of August last, this deponent did deliver an Order from the Honorable the Commissioners for compounding with Delinquents to the Commissioners for sequestration of the said county, which Order was, that this deponent should have the possession of his lands, sequestred from him by the said Commissioners, this deponent giving security to be responsal to the State for the mean profits, in case that the lands should be adjudged against this deponent. As also by the said Order the said Commissioners were to certifie the cause of sequestring the said lands. And who was in possession of the said lands at the time of their sequestration. This deponent maketh oath, that according to the said Order, he did render good security, but the said Commissioners refused to take any security, or to deliver him the possession of the said [Page 32]lands, according to the said Order; but then said that they would certifie the Commissioners for Compositions accordingly, but as yet this deponent cannot learn of any return made by them, although he hath waited above a month, and daily made inquiry for the same.
Vpon this last Affidavit, another Order was procured, the copy of which followeth.
By the Commissioners for Compounding, &c. die veneris 18 Oct. 1650.
Vpon reading of an order of the 12 of July last 1650. and also the deposition of John Hedworth of Harraton, in the county of Durham, Esquire, thereunto annexed, taken 11 Octob. instant. It is ordered, that a copy of the said deposition be sent to the Commissioners for sequestrations in the county of Durham, who are hereby required to certifie according to the said Order of the 12 of July 1650. and that the said John Hedworth do prosecute his claim within a month.
- Ia. Russel.
- Io. Berners.
- Sam. Moyer.
- Edw. Winslo.
But nothing being done upon this order, I upon the 5 Feb. last, moved for our possession, upon which they made another Order; the copy of which thus followeth.
By the Commissioners for Compounding, &c. 5 Feb. 1650.
Vpon reading of our Order made the 12 of Iuly 1650. in the case of Iohn Hedworth of Harraton in the county of Durham Esquire. It is ordered that our said Order be performed, and that the said M. Hedworth shall be repayed such rents as appear to have been received our of his estate by the Commissioners in the country, since the date of the said Order in case the cause shall be adjudged for him. And that the said Commissioners do certifie unto us all their proceedings touching the said M. Hedworths goods or lands within three weeks after notice hereof, that he may not be delayed any longer.
- Io. Leech.
- Rich. Moore.
- Will. Molins.
- Sam. Moyer.
- Edw. Winslo.
Now unto your dealings with us about the colyery of Harraton, and to the land there, add to them your dealings with us about the Esquires Cattel, and it will I think clearly appear to any rational man that you have sold or given up your selves to be Sir Arthurs vassals and slaves, and that we shall have no effectual justice at your hands in any cases, wherein he is concerned as he is in all these, because it is against his will and pleasure, and because by his crushing, and do as much as in him lieth, grinding to pieces poor Esquire Hedworth, he will sufficiently (as he may imagine) terrifie and affright any man in the county of Durham, to be familiar with a Lilburn, yea or so much as by buying or selling with him, and what your dealing with us hath been in the case of Esquire Hedworths Cattel, may be briefly given you in the copy of his Petition, which he and I caused to be delivered in print at the Parliament door to the Members thereof the very next day after M. Primat delivered his fore recited Petition, which copy thus followeth.
To the Supreme Authority of this Nation, the Parliament of the Commonwealth of England.
The humble Petition of John Hedworth of Harraton in the County of Durham Esquire:
THAT in May 1650. about 60. head of your Petitioners Cattel were by order from the sub-Commissioners for sequestrations in the County of Durham, taken off your Petitioners grounds (where they were depastured) by some of Colonel Hackars Souldiers, under pretence that they were the goods of George Grey of Harraton Esquire, your Petitioners Father-in-law, whose goods they would have taken under colour that he owed some monies to one Jackson a Delinquent, that had compounded, and wanted some moneys to pay the latter moiety of his fine.
That your Petitioner being at that time in London, some of his friends demanded his cattel, of the said Commissioners, and offered proof upon Oath, that they were your Petitioners goods; but they refused to take any proof, or to deliver the goods, but half starved the cattel, and then sould them at half their value.
That in August 1650. your Petitioner made his address to the Commissioners for compounding for relief, and had an order from them to the said sub-Commissioners, that they should certine the grounds of such their proceedings to take away your Petitioners goods; but they made a return that they onely were the goods of the said George Grey, without shewing the least ground for that their opinion.
That your Petitioner thereupon did again the 5. of February 1650. move them about his said goods, whereupon they ordered, that the Commissioners in the Country should certifie within three weeks after notice of that order, all their proceedings touching the said goods, which they would not do.
That your Petitioner thereupon, did the 28. of May last, again move the said Commissioners for compounding, for satisfaction for his said cattel, he being ready to prove them upon Oath to be his proper goods, and the said sub-Commissioners certifying no grounds whereupon they forcibly and most unjustly took them away, as the goods of the said George Grey; and Oath was made that they were your Petitioners goods, and thereupon the said Commissioners for compounding, would onely order again, that the sub-Commissioners should certifie within ten daies after notice, what proofs they had, that the said cattel were the goods of the said George Grey; and your Petitioner was enforced to send 200. miles to serve the said order, which was done accordingly; yet the said sub-Commissioners would not obey the said order, nor make any return: And your Petitioner was forced to his great expence, to cause one to come 200. miles to make oath of their disobedience; yet the said cattel also being fully proved by the Oaths of two sufficient witnesses before the said Commissioners for compounding, to be the proper goods of your Petitioner: some of the said Commissioners who over voted the rest refuse to order your Petitioner any satisfaction, or to declare a permittance of your Petitioner to sue for the same at Law, and would again send your Petitioner to attend the pleasure of the said sub-Commissioners, who in several cases of your Petitioner, [Page 32]have dealt most illegally and unjustly with him, and will obey no Orders.
That your Petitioners said cattel being the whole stock upon his ground, the taking away the same and forcing your Petitioner to above a years attendance about them to no purpose, but vast expence and charge, and your Petitioner being young, and left much indebted by his father sir John Hedworth, and not being able to stock his ground again, and the reserved rent of the colliery of Harraton, belonging to your Petitioner, being by the like unjust dealing of the said sub-Commissioners, and some of the chief Commissioners with Josiah Primatt Lessee to the said colliery detained from him, it hath been almost the undoing of your Petitioner, and yet he is hopeless of any relief or justice at all from most of your Commissioners for compounding: whose particular interest he hath too just cause to say, over-rules their judgments and consciences, these amongst them that are willing to do him justice, (viz, M. Moyer, Mr. Barn [...]rs, and Mr. Moor, being over-voted by the others.
That your Petitioner having been always well affected to the Parliament, and the said George Grey having been a zealous actor and a Committee-man, and a great sufferer for the Parliament; and in case he had owed the said Delinquent Jack [...]n any money, the Delinquent having compounded for his whole estate, might and ought to have recovered the same at Law; so that the sub-Commissioners had no power to take away the said cattel, in case they had been the goods of the said George Grey, as in the least they were not.
The premises duly considered: your Petitioner most humbly appeals to your honours as his last refuge, and craves the justice of you that ought to be and are the releevers of the distressed and oppressed, the maintainers of our Liberties, freedoms, and proprieties; and therefore beseecheth you, either of your selves to appoint a Committee of your own House speedily to examine the truth of his complaint, and to send for all papers at Haberdashers Hall or elsewhere that concerns the case, and to order and award him a full recompence for all his said cattel and all his expences, and damages, which he judgeth cannot amount to less then 500. l. and to do justice upon all your Petitioners oppressors for their Arbitrary and most unjust dealing with him; or otherwise, that it may be declared by you, that he is freely permitted to have his remedy a Law against the said sub-Commissioners, and their assistanets: whose unjust dealings with him, as in reference to his said Cattle, is by true Copies of Affidavits hereunto annexed fully proved.
JO'm Clifton of Gateshead in the County of Durham Mercer maketh Oath, t [...]at about the 17 of June 1650 Certain Soldiers belonging to Col. Ha [...]ker, did drive away from off the grounds of Harraton and Follensby in the said County, between 50 and 60 head of cattel, as being the goods of Mr. George Gray, for certain Rents, pretended to be due from the said Mr. Gray, to one Mr. Jackson a Delinquent, and indebted for his Composition money to the State: after which time this deponent with one Mr. Thomas Cosin of Newcastle, Draper, repaired to the Sub Commissioners for Sequestrations then sitting at Durham, with a Petition from the wife of John Hedworth of Harraton Esquire (himself being at that time here in London) the [Page 33]effect of which Petition was, that the said goods were the proper goods of her husband; and that she desired the Commissioners then sitting, would be pleased to give Order for the said goods to be restored back to her; yet upon the engagement of this Deponent, and the said Mr. Cosin to make good whatsoever should be proved to be due from her husband to the State, which they refused; whereupon this deponent and the said Cosin offered to enter bond, that within 14 days, upon answer from the said John Hedworth (if any thing appeared due) we would pay it down: But the Commissioners would have us to ingage to make good what was pre [...]ended to be due from Mr. George Gray; which thing we refused, because we knew the goods so driven were not the goods of Mr. Gray, but Mr. Hedworths, as this deent offered there 3 several times to depose; but the said Commissioners refused to take any proof that the said goods were the onely proper goods of the said John Hedworth. And this deponent further maketh Oath, that be certainly knoweth the goods at that time so driven, were really the goods of Mr Hedworth, and not Mr. Grays; which this deponent knoweth the better, because he knoweth that the said John Hedworth bought the same for a valuable consideration without fraud or Trust.
- R M.
- John Clifton.
Ralp [...] Gray of Harraton in the County of Durham Gentleman, maketh Oath, that all the cattel (being be wixt 50 and 60 in number) driven off the grounds of Harraton, North Beddeck and Follemby, al in the County of Durham, by vertue of an Order of the Commissioners for Sequestration of the said County of Durham, dated about June 1650. pretended thereby to be the cattle of George Gray of Harraton aforesaid Esquire, were the proper goods of John Hedworth Esquire and others and not the goods of George Gray, and this he the more persectly knoweth, for that this deponent was present at the barg [...]in making, betwixt the said John Hedworth Esquire, and the said George Gray Esquire, at the very time that the said John Hedworth bought so many of the foresaid cattle of the foresaid George Gray, as did belong unto him, which were about 40 head, for which the said John Hedworth was to pay about three hundred pounds to the said George Gray; which bargain was really made without fraud or trust, and the cattel delivered thereupon into the possession of John Hedworth, above six months before the foresaid cattell were seised upon by order of the said Commissioners. And this deponent further deposeth, that amongst the cattel aforesaid were taken away at the same time (by vertue of the foresaid Order) 3 or 4 of the cattel of one George Gray of Sudwick in the County aforesaid.
And he also deposeth that the said Esquire Hedworth bought several of the foresaid cattel that were taken away out of the foresaid grounds, of his neighbours, viz. John Lax, Will Fenwick. Will. Hol [...]. And he also deposeth that the said Esquire Hedworth bred several of the foresaid cattel, from the day of their being calved, and never was out of the reall possession of them, till the time aforesaid, that they were taken away as is before declared; and [Page 34]all this he the more perfectly knoweth, for that this deponent hath lived in the house with the said Esquire Hedworth, almost four years, and was by him admitted to a constant privity, to all or most of the actions and bargains of the said Esquire Hedworth, and in his absence managed his affairs and business for him.
These foregoing are the copies of 2 orders mentioned in the foregoing Petition, that were read in open Court, to prove the cattel taken away, to be the proper goods of John Hedworth Esquire, and these two following papers are Copies of Affidavits produced in open Court, to prove the Sub-Commissioners slighting and contemning the Orders served upon them from the Commissioners sitting at Haberdashers Hall.
John Hedworth of Harraton in the County of Durham Esquire, maketh Oath, That upon the sixth day of August 1650, being before the Commissioners for Sequestration at Durham, with an Order from the chief Commissioners at London, for putting him in possession of his lands, which Order Sir Arthur Haselrig would not suffer them to obey, but questioned this Deponent how he came in possession of several of them; unto which this deponent made answer, that part of them he had and enjoyed by expiration of Leases, and part of others by Judgement at Law, and that he had several trials of that nature to come before the Judges at Durham the next assises, which were within a few days after: Upon which Sir Arthur Haselrig told this deponent that he sued for nothing but what belonged to the State; whereas the houses and lands for which this deponent sued, and upon which he had sealed Leases of ejectment, and expected tryals, were his own Inheritance, and not sequestred for his or any others delinquency; and that at the same time Sir Arthur Haselrig turned him about in the Court, and openly commanded Col. Wren, that at the Judges coming to town, he should repair unto them, and cause them not to suffer any proceedings in Court whatsoever, that had relation to any pretended lands of the said deponent: By which means this deponent durst not go on with his trials, whereby this deponent sustained very much loss and dammage. And this deponent further saith, that upon the 13 of February 1650. presenting himself with his Councel before the said Commissioners sitting then at Durham, and that with a second Order from the chief Commissioners at London, for their obedience to the first which they refused, whereupon this deponents Councell, Mr. John Heath made the warrantableness of his cause to appear unto them, by vertue of that Order, and advice they last received from the chief Commissioners at London, whereunto Mr. Thomas Dallivale being one of the Sub-Commissioners then sitting at Durham, answered and said unto the said deponent and Mr. Heath his Councel, that notwithstanding they had publick Orders presented unto them, yet many times they received privat instructions to the contrary, or words to that effect.
Ralph Gray of Harraton in the Country of Durham Gentleman, maketh Oath, that upon the eleventh day of June last, he together with George Gray of Harraton Esquire, did deliver unto the Commissioners for Sequestrations in the said County, two Orders of the honourable the Commissioners for Compounding: the one bearing date the 23 of May 1651. concerning the examination of witnesses in the Case of George Gray of Harraton aforesaid Esquire, and to return the examinations in five weeks, from the said 25. of May: and the other bearing date the 28 of May 1651. whereby the said Commissioners were ordered to send up to the said Commissioners for Compounding, the proofes upon Oath; whereupon they judged the cattel taken from John Hedworth of Harraton Esquire, to be the cattell of George Gray Esquire, and to examine witnesses on both sides if desired, and to make return therof within ten dayes after notice of the said order; and both the said Orders were entred in the Book of the said Commissioners for Sequestrations. And he further maketh Oath, that upon ths said eleventh day of June last, he together with the said George Gray, desired the said Commissionerss for Sequestrations, that in obedience to both the said Orders, they would set a time to examine witnesses in both the said cases; but they could not prevail with them to set any time: and this deponent did upon the eighteenth day of June last, together with the said George Gray again attend the said Commissioners for Sequestrations, to appoint a time to examine witnesses according to the two Orders aforesaid, that he delivered to them; but they could not prevail with them to appoint any time, but Master Dalavall, one of them, said, they knew what they had to do; so that this deponent and the said George Gray waited for their obedience to the said Order untill the time limited in the said Order for a return from the said commissioners for Sequestrations in the said County, was elapsed, and they would do nothing therein.
Here followeth the Copy of a third Affidavit of Mr George Gray's to prove the goods to be John Hedworth's Esquire.
George Gray of Harraton in the County of Durham Gentleman, aged sixty eight years or thereabouts, maketh Oath, That whereas by a Certificate from the Commissioners for Sequestrations in the County of Durham, dated 14 Novembris 1650. it is alledged that upon an Order made by the said Commissioners dated March 19, 1649. whereby Colonel Hacker was Authorized to distrein the goods of this deponent for some arrears of Rents, pretended to be due by this deponent to one John Jakson a delinquent, that thereupon this deponent (upon or about the time of the making of the abovesaid Order) did cunningly and fraudulently pretend that he had assigned the cattell so distreined unto John Hedworth Esquire, this deponents son in law, and that this was done in colour to defraud the State, to whom the said Rents were due, as is alledged in the said Certificate. Now this deponent deposeth and saith, That the goods, nor any of [Page 36]them so taken or distreined by the Order of the said Commissioners, upon the grounds at Harraton or thereabout (pretended to be the goods of this deponent) were not at the time of the said distresse, nor had been for the space of twelve months before that time, any of this deponents goods, neither had this deponent any title or interest in any of them; but that the said cattell were most of them really the proper goods of the said John Hedworth Esquire, and some of them belonged to some other neighbours, who never yet got them again to this deponents knowledge.
Now laying these few things together, (which yet are but a part of what I have to complain of) let me appeale to your consciences (as not long since I did at your open B [...]) whether Sir Arthur Haselrig, and his under Commissioners, or petty slaves in the Countrey, have not dealt worse with us then ever wicked Ahab dealt with poor Naboth, who scorned to take away his vineyard from him, before he had proffered him a better for it, or the value in money? but Sir Arthur &c. hath taken away our poffession by force and violence, without so much as ever proffering us one peny of consideration therefore, or ever so much as setting up a man of straw by way of title against us; and hath dealt with us so, that as I then told you, so I aver now, it had been a happiness for us when we fell into Sir Arthur's hands, we had fallen into the hands of theeves and robbers upon the high way; for then we could have raised the hue and cry after them, and have had some sport (at least) for our money and goods; or if it had been done in the day time, we could at law have recovered our money of the Hundred where the robbery was committed; whereas now, God knows, we are by Sir Arthur, (Strafford like) expresly denied the benefit of the Law, our inheritance and birthright; and by you, whom the Parliament hath appointed in all such cases, as now I complain of, to do us justice and right, denied all the rules of justice, conscience, and equity; and by you our blood-suck'd, and exposed to pining by little and little, and made by you ten times worse, and not better, by a constant attendance upon you for your Orders, and then when they are got to ride above 200 miles to serve them in the Countrey, and there dance attendance for their answers; and then post up above 200. miles again to make Affidavit of the serving of them, and then to wait upon you till your leisure pleaseth to vouchsafe to be told of your Under-Commissioners contempts of your publick Orders, upon the private instructions you send them; and then upon the motion to struggle for a new Order, like horses in a mill, you will just go round, and give only in effect what was in the former, after a moneths attendance to our vast expence, and then make us stay a week, or ten dayes sometimes, before you will vouchsafe to set four of your hands to it, some of your four selves having got a trick to carp and pick quarrels at any orders you like not, though made according to the publick Vote that you are at the debate of; yea somtimes, when three hands are to an Order, a fourth of you will except against [Page 37]it, and make a new one to be drawn; and then in case of rubs when it comes to be spoken unto, an answer is ready, that you are full of businesse, and things must come in course: and so there is delay upon delay ad insinitum; by means of which your Court is become a greater torment and purgatory than the Pope's.
Nay, this is not all, for as I once averr'd at your Bar, so I do the same now, that by Sir Arthur's dealing (so arbitrarily and tyrannically) with us, to rob us of our Lands, Goods, Estates, and Inheritances at his will and pleasure, he commits higher treason then Strafford did, (if destruction and levelling of properties, subversion of laws, and exercising of an arbitrary tyrannicall power be treason.) For alas! poor Strafford did what he did, to Richard Earl of Corck, and to the Lord Mount Norris, and to Thomas Lord Dillon, and to Adam Viscount Loftus, and to George Earl of Kildare, &c. in a Prerogative time, when there was little hopes or expectation of seeing a Parliament to redresse the peoples grievances; and yet for all that Strafford in those times did, he had the then common received countenance of Authority, viz. the Kings Commissions, who was then commonly reputed and stiled the Fountain of Law and Justice. But Sir Arthur Haslerig and his Associats hath destroyed and levelled our proprieties, and in our case subverted the Laws and Liberties of Enland, and exercised an arbitrary and tyrannicall power over us, against and without law; and that after he himself was one of the Judges to condemn Strafford, as a Traitor, to have his head chop'd off for the like or lesse things; and during the sitting of a Parliament, the people of Englands hopes for the redresse of all their grievances, hath this been done by him; nay, after the Parliament hath raised and maintained a bloody War for the preservation of the lawes, proprieties and liberties of the people: and after the Parliament hath chop'd off the Kings head for violation of the laws and liberties of England; and after the Parliament hath forc'd the people to take many Oathes, and after themselves have put forth many Declarations to maintain the lawes and liberties of England, with all things incident and belonging to the lives, liberties and properties of the people, hath Sir Arthur Hasterig done this transcendent wickednesse, without any shadow or colour from Order, Ordinances, or Act of Parliament; to the unsufferable and unspeakable indignity and dishonour of the Parliament, and to the apparant hazard of their ruine and destruction, by alienating (as much as in him lyes) the peoples hearts and affections from them; yea, the hearts of their cordiallest friends. And therefore I hope in due time to see the aggrieved, oppressed, and suffering people in the four Northern Counties, that have suffered by him and his Officers, as one man petition the Parliament to have their just complaints against him, and upon proof thereof to confiscate his vast, suddenly but ill got estate, to make them satisfaction for the wrongs he hath done them; and for the overplus of his estate, to bestow it upon the four Northern wasted and oppressed Counties, to be kept as an annuall revenue to help to pay their publick Taxes; for it is impossible that so vast an estate, as in so short a time he hath got his together, should be come by honestly and justly: And in Henry the Eighth's time it was [Page 38]esteemed an high crime in Cardinal Wolsey and his servants to grow so rich of a sudden; as appears by the Articles preferred against him to the King, by the then Lords of the privie Councel, recorded in the fourth part of the Lord Cook's Institutes, fol. 89. 90. 91. 92. 95. See Article 21. 22. and in Article 44. Their words are, ‘That by his unsatiable avarice, and ravenous appetite to have riches and treasure without measure, he hath so grievously oppressed your poor subjects with so manifold crafts of bribery and extortion, that the Common-wealth of this your Graces Realm is thereby greatly decayed and impoverished. And also his cruelty, iniquity, affection and partiality hath subverted the due course and order of your Graces Laws, to the undoing of a great number of your loving people: And therefore they humbly pray of the King, That such a punishment may be inflicted upon him, as may be to the terrible example of others, to beware so to offend your Grace, and your Lawes hereafter.’
Gentlemen, I might further go on to illustrate, and shew the further designes of Sir Arthur to undermine and ruine my Family; but this Epistle is swell'd already to a greater bigness then I intended, and my shortnesse of time by reason of an intended long journey, will not permit me further at large to proceed; and therefore I shall reserve what is behinde for another encounter, or a second part to the same tune; where I shall pretty fully open the great mystery and designe of Sir ARTHUR by his specious pretences to the Parliament, to get them to overthrow all the old Committees of Sequestration. In short, he could never in the Northern parts have put out all those faithfull men that would never bow their knees to Baal (I mean, his will and pleasure) if he had not accomplish'd that, and with his huge zealous long speeches and pretences have blinded the House, to make them judg him a fit man to be one of the two to name the seven principall Commissioners; amongst which, though there was a mixture of honest men, yet the major part of you being his vassals, hee had thereby an opportunity to get you to place in to be under-Commissioners in the North, the basest of men, that would soly captivate their reasons and consciences to his lust and will; and there being in that County enough of all the three sizes, that are fit for a tyrants use, viz. fools, knaves, or beggers, he in the County of Durham, as I lately told you at your Barrs, having put us in two men to govern our Country, viz. Collonel Fran. Wren, and Master Thomas Dalavall, that by reason of their baseness are fit for nothing but to be kick'd out of a Common-wealth; for besides their gross partiality and injustice in their places, the one of them, viz. Col. Wren was, as I then told you, casheered at the head of his army or Regimant, at his first expedition into Scotland for the basest plundering fellow that ever march'd at the heeles of a man of honour; and this I told you to be true and I would make it good: and now I further tel you, that at the Generals coming back for England, at Barnard Castle in the County of Durham he was pleased to give unto my Father, and some other well affected Gantlemen, a narrative of his basenes, and the danger by his unworthy cariage he put his army into: and for the other, viz. Mr Tho. Dalavall, it was well known he was a constant adhe [...]er to, and liver in the Earle of New-castles quarters, and never in times [Page 39]by past so much as reputed a private well wisher to the Parliameur or their welfare, but rather strongly judged to be a commissionated Captain for the Earl of Newcastle in the Garrison of Newcastle; and therefore having, it may be, guilt enough in his own conscience, and peradventure sufficiently known to Sir Arthur, he is a fi [...]man for him to hold a rod over his shoulders, thereby right or wrong to do as he would have him, as that Jury of Cavaliers did for Sir Arthur in one Master Fenwicks case, about seven miles from Newcastle, who at my last being in the North, came to my brother Gors to me, and freely told me to this effect, that Sir Arthur having a mind to his land (Ahab like) having the High-Sheriffe and the Under-Sheriffe at his beck and command, whom he caused to pannell a Jury of Delinquents to passe upon it, who being Master Fenwicks Neighbours, came all, or the most part to him, and told him they were his neighbours, and in their consciences knew well enough he had a good right and title to his land; but, said they, Master Fenwick, you know we have been in enmity against the State, and under the lash and indignation of Sir Arthur to destroy us at his will and pleasure, with our wives, and children, and he hath put us on purpose upon your Jury, and been with us, &c. and we must either go against our consciences, and do as he will have us to find your land for him, or else you know he will destroy both us, our wives, and children, and therefore say they to him, We beg of you for Gods sake to advise with your Councell to finde out some clause in the Law to except against us, having been Cavaliers, as unfit to be of your Jury, or else if you get us not put off, we must find against you, although it be against our owne knowledge and conscience.
But the man fully knowing the integrity of his cause, and believing they knew it as well as himself, he said, If they would damn their souls let them; and so was overthrowne, and now is like, as he himself told me and others, totally thereby to be ruined. And the truth of it is, Sir Arthur can in our County find no man so fit for his purpose, as these that have guilt enough upon their shoulders; and therefore it is that he hath under him Master Thomas Shadford for our high Sheriffe, a strongly reputed Cavalier in both the warrs, and approved one in the first, but yet never sequestred. But besides, Sir Arthur hath not onely the command over our bodies and estates there, but also he is turned the Arch-bishop of our soules, having Master Wels under him for his officiating Bishop or commissary, by whom he hath almost made sure of all the Pulpits and tithes in the country: So that truly and ingeniously, Sir Arthur Haslerig there hath reduced us to that nighnesse of affinity to French Peasants, that can call nothing they buy or work for their own, longer then their Lords and Masters please to let them injoy it; that in good earnest, I speak it from my very soul and conscience, that I verily beleeve, if I, or some body else should not rise up against him, to indeavour to bring him to a just account for his unjust actions, all the land that I have in that country, which the Parliament (as the price of my blood, for my Episcopal and Star-chamber sorrows) have (by the Honourable and Noble mediation of the present Lord Generall) settled upon me and my heires, in one year or two more, would not be (as yet I will justifie it, it hath not been) worth unto me one groat, the tenants rebelling both against the [Page 40]State and me, and telling my agents they have powerfull backers: and being it is the price of my blood, and the product of so many piercing sorrows as I have undergone for it, I am resolved through the strength of God, that never a private or particular man in England shall deprive me of it, or of the priviledges that belong unto me by it, unless his sword be so long and strong that it is able to cut mine in peices, and the hand that holds it, and also the tongue that useth to plead cheerfully without amazement for my life and liberty.
There is much more of your juggling and unjust dealing about my Uncle George's delinquency behind, in your sending down private commissions, to examine witnesses against him, without his knowledge, with such instructions as that you are so ashamed to have seen, that when I bid Master Baily your clark five peices of gold to let Master Hugh Peters then with us, to read them, or twenty peices to give me a copy of them, he ingeniously told Master Peters and my self, he durst not: and being ask'd by him, Why? he was by his Masters commanded to the contrary; and being ask'd by which of them, he told us, he durst not tell us, but they sat at the table, and if he pleas'd, he might go and discourse with themselves, and see if he could find it out himself; for truly he was but a servant and durst say no more, and therfore desired to be prest no further. Upon which Master Peters with open mouth coming to the table, cryed shame of you to the purpose: and you may remember honest Master Moyer told you he knew not of it, nor had no finger in it, and it was an abominable shame any such thing should be done, and promised me a copy of it; but to this day I could never set my eyes upon it. But the full discoursing of this with much more must remaine for a second part. And so at present I bid you farwel, and rest,