A LETTER OF Lieutenant Colonel John Lilburns, written to Mr. John Price of Colemanstreet London, (and a Member of Mr. John Goodwins Congregation) the 31. of March 1651. about the harsh and unequal dealing that his Unckle Mr. George Lilburn, and several others of his Family findes from the hands of Sir ARTHUR HASLERIG.
Unto which is annexed Mr. John Price his Answer thereunto.
HAving for some certain weeks by past, been out of the City in the North, at my coming home, I met with a reproachful caluminons pamphlet, without any Authours name to it, entituled Musgrave muzled, or The mouth of Iniquity stopped, Printed by John Meacock of London: and inquiring as diligently after the Authour of it, as posibly I can; I am confidently informed, that it came to the Presse in your handwriting, & that your self in person were at the Printing house, to look after the correcting of it, and that you are the Authour of it: And finding my self and some of my night relations, somewhat d [...]eply concerned in it; I have been at some pains in the perusal of it, and it may be, have some thoughts, to deale with it as it deserves: but least any reflexion upon slender grounds should be upon you; I judged it but the part of a man, that hath but either a gra [...] of honesty, or a dram of metall in him, to write these few lines unto you, and to desire of you, if you please within 3. dayes after the date hereof, to let me receive 2 or 3 lines from you, for the disavowing [Page 2] of it to be yours, or else in the failer thereof, I shall take it for granted it is yours; and further if you own it, to avoid any further paper jangling, I shall if you please, give you a meeting face to face, with a few friends of yours and mine; where I doubt not but in every circumstance fully to clear up unto you, that my Father Mr. Richard Lilburn, and my Uncle Mr. George Lilburn, have been as faithful Servants, hearty, as zealous, and as honest unto the Parliament of England, and the true interest of the Nation of England, both before the warrs in the Kings prerogative time, and from the first day of the late warres, to this very hour, as any two Committeemen imployed by the Parl. in any County whatsoever, in the whole Nation of England; & never did, either jointly or dividedly in the whole progress of their Committee actions, or any other actions, any one single act, that in the strictest sense comes within the compass of the Ordinance of sequestration; and that they both have been great losers, and not in the least gainers by the warres and troubles of the Nation; and that they have neither jointly nor dividedly done any one action in all their publick imployments, or by any colour thereof, that justly deserves to have them, or either of them branded, as cozeners and cheaters of the State of great sums of money, as Sir Arthur Hazlerig hath taxed them, or the one of them to be in the Speakers Chamber of late, before divers Members there: and also at Haberdashers-Hall, openly and several times; and although most unjustly he hath sequestred the one of them, and endeavoured the destruction of them both, and their whole posterity; and hath also strongly endeavoured to root them out, for having a name or being in the County, where they have received their first breath, and have had their most constant abode: And that Sir Arthur himself is the man of all them three, guiltiest of every particular thing he chargeth upon them. All which (if you decline a fair and friendly meeting, as is before desired) I give you hereby authority to acquaint Sir Arthur, that if he please to procure an Order from the Parliament, I will meet him at the open barre of their House, upon equal, fair and just tearmes; and in the behalf of my Father and Unckle George, or either of them, I will meet him face to face, and will hazard my life and estate, as far as by Law any pretended crimes against them are capable of punishment, to justifie and make good by credible witnesses, appearing vivâ voce at the [Page 3] barre of the Parliament, at the intire charges of him or them, that they shall judge the offender and guilty party: provided his person and estate may be declared to be as liable to repair wrongs done to the State and us, (I mean the parties aforesaid) as ours may be to repair wrongs done to the State or him: and I think this is fair and honest, especially considering he hath ten times my interest in the Parliament. And that you may a little know, I speak not at random; I must let you know, I lost divers hundreds of pounds about 3. years agoe, that in probability I might have injoyed, had not the malice of a North Countrey Parliament man been, who made use of a charge of delinquency, then prefered against my Unckle, to be revenged of me his Nephew, to my losse and detriment of about 5 or 600 l. that I might justly have expected to have possessed; of which being acquainted, by my faithful and never to be forgotten friend Col. Rigby, I hastned down to the Countrey, and told my Uncle of it, and all the circumstances of it; and further protested to him, his crimes should not be my ruine; and therefore if he would not endeavour to bring his business to a final tryal, that thereby he might be cleared, I would become prosecutor in the States behalf, to bring him to his deserts; but if he knew himself clear, and would endeavour his justification by a final Tryal, I would venter my life and estate with him, and become his Agent to mannage his business for him: upon which I digged into the very bottom of all he was charged with, and came to the Committee of Durham, and before Sir Arthur; and the then Committee, opened his case, and pressed for a set day of hearing; which Sir Arthur and the Committee granted, and caused the Order to be sent to Shadford, his prosecutor, a Delinquent in both the first and second warre, or one of them, (I do aver it at my peril, ingaging to make it good: now Sir Arthurs High Sherief of the County of Durham, whose heart failing him, and his Conscience telling him my Unckle was an honest man, and free from all his false accusations; for he pretended my Unckles power was so great in that Countrey, his witnesses durst not speak the truth against my Unckle; whereupon with my Unckles consent, I moved, that seeing the Gentleman had a Brother sitting in Parliament (viz. Mr. John Blaxston) and my Unckle had none, that therefore in regard he might not doubt of fair play, I desired all things betwixt [Page 4] them, by that Committe might be transmitted to Parliament, which the Committee with Sir Arthur unanimously ordered; but after the Order was drawn by Isaac Gilpin their Clark then sitting amongst them, according to all their desires, and openly read: the prosecutor Shadford whispered Sir Arthur; upon which he took the Order, and turned him to the window, and of his own accord blotted out all those lines and words that ordered the transmission; and in their steads with his own hand interlined so many lines and words, as made the Order to amount to thus much in effect, That if George Lilburn would forgive Thomas Shadford, Tho Shadford should forgive George Lilburn, and prosecute him no further; of which I cryed shame, and thereupon Sir Arthur was over-ruled by the Committee, and the case transmitted to the House of Commons, where by reason of Mr. Blaxstones greatness, my Unckles Petition could not procure a hearing, till he was fain to print a Remonstrance against Mr. Blaxstone and Shadford &c. and delivered it at the House door; upon which it was eferred to the Northern Committee, where Sir Arthur got the Chair in the Speakers Chamber; where were present sometimes 12. 16. and more Members of the then House of Commons; and Major John Wildman and my self being my Unckles Councel to mannage his business for him: in the opening of my Unckles cause, I paid Sir Arthur and his unwarrantable dealing in his carriage a Durham to the full, to his face, before the whole Committee; and Mr. Blaxstone had so much of it there, that I have heard it credibly said, with very grief he went home discontented, that he could not have his will of my Unckle; and after that, never stirred out of his Chamber, till he was carried to his grave: and my Unckle in the conclusion, by that very Committee, was honourably acquitted, and commanded to go home; some of them promising him to take care of his report to the House, which being not yet made, Sir Arthur and his Agents the last year, (pending the said report, to the high dishonour of the Parliament,) sequestred him for those very things then charged upon him out of malice, that his Son Thomas Lilburn had so much honesty, as to be the Countries Agent to complain above a year agoe to General Fairfax, &c. at White-Hall, of either Sir Arthur, or some of his Officers, detaining from the Souldiers, great store of their billet [Page 5] money; for want of which they were connived at to take free billet of the Countrey, contrary to an Act of Parliament.
And now Sir, upon the forementioned Ingagement to my Unckle, I have lately and seriously and deliberately digged into the bottom of my Unckles business, that now he is by Sir Arthur troubled, and indeavoured to be destroyed for; and upon my Conscience and life as in the sight of God, I speak it, I judge them al so just and honest, as that I judge my self bound in duty before God and man, to discharge my foresaid Engagement to him, and to venture my life and estate for his just preservation, and if I perish, I perish; but if God please to in [...]ble him to follow my advise, I doub [...] not but Sir Arthur shall purchase all the ground he gets of him, by Inches, and sweat for it two: so as a friend, in a friendly way, I expect your speedy answer, and rest
To Mr. John Lilburn, at his house without Lud-gate, these present.
I Have lately received a letter from you, importing something concerning Sir Arthur Haslerig and my self. As for Sir Arthur, I presume him a Gentleman of that honour and Conscience, as that he is able to give a rational account, touching whatsoever he is chargeable withall, either by your self, or any others. As for my self and the Authour of the book you speak of, though I presume my self capable to give satisfaction in a direct answer; yet I have learned so much from your self and others, as never to respond unto questions of that kind; and therefore shall leave you to your liberty, how you please to deal with
I Hope you and Sir Arthur judge your cause so honest, that you will abhorre and detest to suppress either this, or an after answer to your fore-named Book, (for yours by your letter I judge it is) or to endeavour to punish the dispersers [Page 8] thereof, especially considering you are like to meet with fairer adversaries then your self, that dare set their names to what they do, which it seems you nor Sir Arthurs former Champions durst not; and I promise you, for my part, I shall own and avow before the Parliament it self, what I about this busines shall do; but if you do punish the publishers, and suppress the things themselves; let me tell you, it will to the eyes of all rational men, argue your guilt: therefore in hopes you will be somewhat like men, till the answer to your Book come, take this in good part, with the abstract of the depositions taken in my Unckles case, before the said Committee of Parliament; where Sir Arthur was Chair-man, as is before declared: the Copy of which as they come to me, taken from the hands of Mr. Nicholas Mould, Clarke to the foresaid Committee of Parliament for the Norther Association, thus followeth.
The Abstract of the cause between Mr. Tho. Shadforth, and Mr. George Lilburn, referred to the Honourable Committee for the Northern Association, to be examined by Order of the House, the 5. of March, 1648.
IMprimis, two Warrants were produced, directed to the chief Constables of the County of Durham, and dated at Newcastle Septemb. 12. 1642. Commanding them to furnish the Earl of Newcastle with Horses, to carry Ammunition for the Kings service; and unto these was subscribed George Lilburn, and a seal was set to them by the name, as the Seal of George Lilburn.
George Lilburn being examined, and asked whether the name of George Lilburn subscribed to those warrants produced, and the Seal set to them as his, were his Hand and Seal; he answered that he knew not that it was his Hand and Seal, saying his Hand and Seal had been divers times counterfeited, as he could prove.
For proof that the Warrants were signed and sealed by George Lilburn, Mr. Martin Foster was examined as a witness, who saith, ‘That he was a Captain in the Kings service, under the Earl of [Page 9] Newcastle, and that he saw (as he thinketh) about six years since, about the latter end of November, a Warrant for promoting the Kings service, signed George Lilburn; but whether it were his hand or his Seal, he knoweth not.’
Mr. Foster further saith, ‘That he knew one Chilton was in Col. Hiltons Regiment, under the E. of Newcastle, & that he came into the Regiment before they marched out of the Bishopr. of Durham, which was after the Battel at Yareham, against Sir Hugh Cholmley, as he takes it, about Febr. 1642. And that he believes that the said Chilton served for Mr. George Lilburn, because Chilton made an answer for George Lilburn, when the list of the names of those which were charged with Arms in that County, was called over;’ but he further saith, ‘that he heard that George Lilburn was in prison by the Earl of Newcastles forces, at the time of the raising Col. Hiltons Regiment.’
Mr. Shadforth being the prosecutor, examined for information, but not as a witness, saith, ‘that he saw not George Lilburn sign or seal the Warrants produced, dated the 12. of Septemb. 1642. but saith, that George Lilburn did acknowledge voluntarily in the presence of Francis Wren, and others of the Committee of sequestrations at Durham, who were then sitting as a Committee, that he did sign and seal the aforesaid Warrants; saying, that when he signed them, he would have signed 20. more of the like nature, if they had been then offered unto him; for that he was then under a kind of restraint.’
In the defence of George Lilburn Esq against the charge exhibited against him by Mr. Thomas Shadforth.
CAptain Robert Sharp examined, saith, ‘That about the 12. of Septemb. 1642. he was at the Town-house in Newcastle, where he saw sitting Sir Wil. Carnaby, Sir Tho. Liddle junior, and Mr. Liddle Justices of the Peace, who sent twice for M. George Lilburn, who came not, and thereupon a motion was made, that the said George Lilburn should be sent for by Command; and at the third time the said George Lilburn came to the said Town-house, whether by Command or not, he knoweth not; but being come, he was thrust back by the shoulders, disrespectively, and the Kings Souldiers being at that time within 20. yards of the place, where Mr. Lilburn was thus used: the said Rob. Sharp was afraid that they would keep Mr. Lilburn prisoner, and also apprehend him, and [Page 10] so he fled out of Town; for that he knew Mr. Lilburn was well affected to the Parliament, and that the Kings forces had a List of all that were well-affected in that County.’
Mr. Robert Carr examined saith, ‘That he met George Lilburn at Newcastle in 1642. when the E. of Newcastle was raising forces for the King, the particular time he remembers not. And the said George Lilburn did at Sir Thomas Riddles dore, in the Close at New [...]castle, complain to him the said Carr, that he was in a sad condition; because Bishoprick Gentlemen would force him against his Conscience to sign a Warrant, and saying further, that he thought he should be sent to prison, and all that he had should be lost; and the said Carre heard at that time, Sir Tho. Riddles man told the said George Lilburn, that his Master required him to come to him.’
Mr. Henry Lever examined saith, ‘That George Lilburn in August 1642. met him at Newcastle, when the E of Newcastle was raising forces against the Parliament; and that the said George Lilburn was then very solicitous to oppose those forces, saying, he would rather die in a halter, then joyn with those forces against the Parliament. And the said Lever saith, that they then resolved that George Lilburn should go to Scotland for help for the well-affected.’
Mr. Robert Carr, Mr. George Gray, and Mr. Hen. Lever say, ‘That in Octob. 1642. the said George Lilburn went to Edenburgh to Mr. Pickering, Agent in Scotland for the Parliament of England, to implore him to acquaint the Parliament with the sad condition of the North, and to desire help for the well-affected from the South, which Mr. Pickering promised to do for them.’
Mr John Smart, and Mr. Gilbert Marshall examined severally say, ‘That Mr. George Lilburn in Octob. 1642. at the meeting of the Countrey, to put the Commission of Array in execution, did oppose it, saying, the Parliament did declare it to be illegal’ and they; further say, ‘That Mr. George Lilburn had been then imprisoned for his affections to the Parliament, if he had not fled out of Durham privately.’
Mr. Robert Sharp, Mr. Rob. Carr, Mr. Henry Lever, Mr. Gilbert Marshall, and Thomas Chilton say, ‘That George Lilburn was about the 11. of November 1642. for his affection to the Parliament, taken prisoner by one of the Earl of Newcastles [Page 11] Colonels, and was barbarously used, forced to go on foot, pinioned with ropes, arm to arm, with some other well-affected men through the dirt, after the Carriages from Durham to York Gate-house, having neither fire nor bed, meat nor drink, for 3. dayes and 3. nights, and that the said George Lilburn was afterwards removed and imprisoned for above 6 moneths in York-Castle, where he was sometimes in the Dungeon, sometimes in the common Goale. And Martin Foster saith, he saw the said George Lilburn Prisoner in York, in the Kings forces in August 1643.’
Mr. John Smart, and Mr. Robert Sharp, examined say, ‘That in their hearing the said George Lilburn during his imprisonment, was very often above ten times solicited by Mr. Raphe Hambleton, to give any small matter to the assistance of the E. of Newcastle, either a Horse or the like, and his inlargement should be procured; but the said George Lilburn refused alwayes, saying, he had rather rot in prison then give any thing to that service.’
Thomas Chilton examined, being the party mentioned in the Charge to serve for George Lilburn, in Col. Hiltons Regiment, against the Parliamen, saith, ‘That he never did bear Arms for George Lilburn against the Parliament, neither did the said George Lilburn ever desire him so to do.’ And Mr. George Gray, Mr. John Smart, and the said Thomas Chilton, said ‘that Col. Hiltons Regiment begun to be raised about the beginning of Decemb. 1642.’ And Mr. George Gray relates from the said Col. Hiltons mouth, ‘that the Commission of the said Col. Hilton to raise his Regiment, bore date the 24. of Decemb.’ And they all say, ‘that the said George Lilburn was a prisoner before that time.’
Mr. Gilbert Marshall, Mr. Henry Lever, Mr. George Gray, Mr. Robert Sharp, examined say. ‘That they having lived in the same Countrey with the said George Lilburn, have alwayes observed, that the said George Lilburn hath been from the first to the last, faithful and active for the Parliaments [Page 12] service, and one of the chiefest incouragers of the well-affected in that Countrey.’
PEradventure you may wonder, why in these lines to you I say nothing of Mr. Musgrave, so much reported and calumniated in your Book: truly it is, because he is of parts, resolution and ability sufficient to answer for himself; and by what I have heard from him, will rationally and fully do it in his own time; only as it may be, you may wonder at me for that: so give me leave to wonder at Sir Arthur Haslerig, that he hath lien still all this while, and never indeavoured to take his remedy at Law against Mr. Musgrave, for writing his Book against him; seeing Sir Arthur hath an express Order from the Honourable the Councel of State, to inable him so to do; for truly I and many others can render no reason for Sir Arthurs silence in that particular, unless it be the guilt of Sir Arthurs own Conscience, which tell him Musgrave will, if questioned, justifie and fully prove all or the chiefest part of that which he hath said; which I do verily believe in my very heart, he will very fully be able to do: for as much as I have often heard him say, he can, and desires nothing in the World more, then to come to a legal tryal, or teste. So bidding you adieu at the present, I rest,
I Must confess, I am now as hardly induced to appear again in Print, as ever I was to do any thing in my life; and if any other way in my judgement besides printing, might have preserved my Family from that fatal and causeless ruine Sir Arthur Haslerig intends, and hath visibly acted towards them, I should rather now have lost a peece of one of my fingers, then thus publickly to have spoken; but when I seriously consider that story that I have often heard, That the laying of the knite to the Fathers throat, caused the dumb Child in a miraculous way to strain it self, and to cry out for help to save its likely to be destroyed Father I am provoked and compelled to say to my self; and shall I (though lately resolved in my self, by never so much printing silence) hold my peace, when as I visibly and apparently see (at least to my understanding) not only the knife as it were laid to the throat of my Father, but even to the very essence and being of his Family, (and that for no other crime appearing to me, but only because they dare be English-men, to stand to maintain their own rights, and will not be Sir Arthur Haslerigs Vassals and slaves, to do what ever he pleaseth?) O God forbid that I should live to that day, to be guilty of that grosse baseness; and therefore have I throne fear aside, once again to appear to the world; yet with this resolution, to spread before my eyes in my writing, both those Acts of Parliament about treason, of the 14. of May, and the 17. of July 1649. upon which at my late Tryal at Guild-hall, I was arraigned, and which is printed in the 86. 87. 88. 89. & 90. pages of that Book, called Lieut. Col. John Lilburns Trial; with the constant looking upon which, I hope my pen will be kept from any pretended slip, failings, or distaste towards the State, or the supreme Authority the Parliament of the Common-wealth of England; and therefore this being premised, I must acquaint you (with an intent that the world may know it) that after I had sent you the Copy of the foregoing letter by a friend, on purpose to deliver it to your own hands; but you being gone out, he left it as he told me with your wife. And [Page 7] hearing nothing from you till the time prefixed in my letter was expired, I repaired to your house, and had a pretty large discourse with you; but could not in the least find by you, that you were willing to imbrace or forward any of those just things I had proposed to you in my foregoing letter; but for answer to it referred me to yours, you had lately sent to my house; which at my coming home I found, the Copy of which thus followeth.