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A88209 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 Russell, M. Edward Winsloe, M William Mellins, 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. Lilburne, John, 1614?-1657. 1651 (1651) Wing L2127; Thomason E638_12; ESTC R206637 46,507 40

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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-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 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 August 8. 1651. Copid vera Exam. Dunelm Jo. Leech 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. Dunelm 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 Copia vera exam Cuthbert Hawdon Clerk to the said Commissioners 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 Copia vera exam T. Bayly 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 John Clifton 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 Copia vera Exam. 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 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 To the Commissioners for Sequestrations in the County of Durham 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 Juram corum Commissarium 5. June 1650. John Hedworth Examined according to order the same day by Pet. Brereton 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 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 Jur. Coram Commiss 11 Octob. 1650. John Hedworth W. Molins Copia vera exam Jo. Leech 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 Copia vera Exam. per Ia. Hind 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 Copia vera Int. 387. exam 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