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A86169 The oppressed man's out-cry; Or, an epistle writ by John Hedworth of Harraton in the county of Durham, Esq. the 13 Sept. 1651. unto the Honourable, Sir Henry Vane, the elder, a Member of the Honorable Parliament of the Common-wealth of England, William Vane his son, Lieut. Col. Paul Hobson, and John Middleton, Esq. members of the com. of the militia of the county of Durham by authority of Parliament. Hedworth, John. 1651 (1651) Wing H1353A; ESTC R230321 13,902 16

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I have sent to London for Process for every one of them that are tardy as well Keel men as others and doubts not of a sufficient remedy at law against them all without interruption from the Committee of Indempnity where yet I should not be sorry to be brought into being apt to think I shall not get my complaints heard against Sir Arthur till he or some of his Agents be forced by me to turn complaints But Process being in my own understanding too short weapons to reach Soldiers withall In the Sixth place upon the fourth of this present September I went to Gateshead accompanied with my Father in Law M. George Grey Richard Lilburn Esq Lieu. Col. John Lilburn his son and my brother M. Ralph Grey on purpose to speak with Sir Arthur about all these things but he being busie with the Commissioners of the Ministry and so not to be spoken with we all saving Lieu. Col. John Lilburn went to Major Tolhurst and acquainted him with the substance of all passages at Harraton and demanded of him the said reserved rent of forty shillings per week which he refused to pay and acknowledged that by a verbal command of his own which is not worth a button nor can be no security to the soldiers he had sent the said soldiers to keep the possession of the said Colliery adding he was betrusted by Col. Hacker Lieutenant Col. Mayers and the rest of the Gentlemen that had taken it to keep it and he would keep it so receiving no satisfaction at New Castle and clearly finding Major Tolhurst durst not give unto the soldiers a written Warrant or Order to be their secuirty rule and guide In the Seventh place I desired my Father Grey and som other friends to hasten to Sunderland to disperse my said Letters there and again to warn all the Keel men at their perils to fetch none of my Coles nor none of the ship masters to buy any of them and my self with Lieu. Col. John Lilburn rode away to M. Timothy Whittingham being a Justice of Peace and read him the said Letter and fully acquainted him that a company of Rogues who called themselves soldiers were come upon my ground but could produce no Commission from any body that sent them nor the Commissioners at Durham nor Major Tolhurst would not under their hands own them and they like bloudy Rogues beat and had almost killed some of the people whom they forced to load away my Coles to the water side and some of the said soldiers with their own hands loaded my Coles into Keels and caried or sent them away and thereby feloniously robbed and stole from me my real and proper goods for which as he was a Justice of Peace forthwith vve desired his Warrant as Felons to bring them before him vvhich vve very much prest upon him as his duty by his Oath and the Law of England to grant but he refused and desired time to consider of it and speak vvith Sir Arthur about it upon which Lieu. Col. Lilburn desired him to tell Sir Arthur from him if he and those under him were affraid and ashamed to give the soldiers at Harraton under their hands a written Commission or Order to act by and that M. Whitingham refused to grant his Warrant to bring them before him upon our complaint vve vvould not be affraid nor ashamed to do the best we could to expel force vvith a stronger force and if any of the pretended soldiers were knockt on the head in the scuffle for any thing we know from the Law of England they had their mends in their own hands but if he vvould send his written Order for the soldiers Warrant and let us copy it out vve vvould not at all trouble or molest the soldiers any more and so we vvere content that he should take till Munday at night to talk vvith Sir Arthur about it and vve being both at Durham upon Tuesday last being the ninth of this present September M. Whitinghams man brought to our Inn a sealed Letter the Copy of which thus followeth For his very good Friend Lieutenant Colonel John Lilburn these Kind Sir UPon my more serious thoughts and strict perusal of the Printed Letter you left with me upon Friday last I plainly see a matter of title and a meum and tuum in controversie betwixt the state now in possession and M. John Hedworth of which thing you well know the Law is the proper Iudge and can and must decide it and the Civil Magistrate no way concerned in the businesse yet Sir I am so tender and careful of your safety and my own duty that if either your self or M. Hedworth be affraid of life or know any man lie in wait to rob you or either of you or if any Felony bee committed or Robbery done upon your person or persons upon legal Information I shall be very ready to serve you and grant my Warrant also if there be any force either by Entry or Detainer I shall not in the least be wanting unto you and the Publick to join with another in Commission with my self to view and remove as occasion shall offer In brief this is all but that I am Sir your most affectionate friend to serve you Timothy Whitingham Holmside the 9 Sept. 1651. Now most honoured Gentlemen I pray seriously observe M. Whitinghams Letter who if he had been a man according to that which God in Scripture requires every Magistrate to be viz a man of Courage I am apt to believe he would scarce have written this answer to our Legal demand but I desire to be as sparing of him as the nature of my business will permit me but yet I beseech you to take notice that I think the Civil Magistrate is the proper Judge of the Law and not the soldiers in the least much less those that only pretend themselves soldiers And I beseech you observe that in the eye of the Law Felony and Robbery may be as well committed upon my goods taken out of my house or ground as from my immediat proper person and so much we positively we laid unto the charge of those sturdy rogues that pretend themselves soldiers upon my ground who have no Formal nor Legal Commission to authorize them in the least to do as they do and upon our so serious laying Felony to their charge and offering by the Law to make it good he ought by the Law without any more dispute to have granted us his Warrant at least to have brought them before him to have examined them by means of which I should either have known some that Judicially and Formally would have owned them or have had some evident demonstration that these are the men Major Tolhurst by word of mouth sent or else have clapt them in that place that vvould have kept them safe till they were fully fit for the Gallows their deserved portion But most noble Gentlemen by all the fore-recided dealing with me you