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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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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 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 George Grey Jur. coram Comiss Janurary 3. 1650. Will. Molins Copia vera Exam. Jo. Leech 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 Sheweth 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
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
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