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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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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 Jur. Coram Commissariis 9. July 1651. Ralph Gray R. M. Vera copia 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 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 Jur. Coram Commissariis 9. April 1651. George Gray R. M. Vera copia 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 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
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 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 your Petitioner shall ever pray c. Josiah Primatt 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 Dunelm Die Lunae 13 Augusti 1649. By the Committee of Sequestrations for this County 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 Vera Copia Ex. Per me Isaa Gilpin Cl. Com. 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 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
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 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 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