made some agreement with the said Mr. Commondale about the 8 part as they pretend but nothing shown to make it good And comming down in June following they entred into and possessed themselves of the whole colery aforesaid and it hath been wrought by them ever since to their own uses and benefits And for that it plainly appeared unto the Committee that the Colery c c This is as false as can be For the nine and five quarter Seams of Coles were not in work at all in 1644 1645 nor 1646 nor never was sequestred by any in the world till 1649. that Sir Arthur by his Will and Sword sequestred it was sequestred by Sr. William Armine in the yeare 1644. and that it had been solely in the possession of Mr. Wray and his Agents three years before that and that it was let by the Committee of Sequestrations in the yeare 1645. And that no other had claimed any interest in it untill Mr. George Lilburn and Mr. George Grey two of the Committee possessed themselves of it And that there had been no Order made either by the Lords and Commons for Sequestrations or the Committee of Sequestrations in the County nor that there had been any Authority for the divesting and dispossessing of the State of their interest and that Mr. Wray as being a Recusant and Delinquent was uncapable of composition the Committee made this Order Decimo tertio die Augusti 1649. Upon hearing of Thomas Wray George Lilburne and George Grey Esquires It appeared to this Committee that in the year 1644. Sir William Armine did sequester the Colliery at Harraton belonging to Mr. Wray for the use of the State and that the faid Colliery was then wrought for the use of the said Mr. Wray and his assignes and for no other and that the same was since let by this Committee in the yeer 1645. for one whole year to one Pearson And that it doth not appear that the sequestration was not at any time taken off It is therefore thought fit and so ordered by the said Committee that the sequestration shall be continued upon the said Colliery for the use of the State and that all those who have had any use or profit of the said Colliery since the same was sequestred shall forthwith make their accounts that it may appear what profits have been made thereof in that time and immediately after the making this order Mr. George Lilburne then sitting at the Committee and being one of the Committee desired that he might have time given him to make his title good to the estate he claimed in that Colliery the Committee bad him to appoint his time he then desired a full moneth and it was granted Thereupon he went to London and by the aforeappointed day he brought down with him one Mr. Levit and Mr. Josiah Primatt who with their Councel went to the Committee The Councel being then put upon it to shew what title either Mr. Levitt Mr. Primatt or Mr. Lilburne had affirmed that Mr. Wray had gotten their Evidences and would have had the Committee to have compelled him to have produced his title The Committee then replied that the matter was of very great concernment to the State the Colliery being worth 3000. l. per Annum and that Mr. Lilburne had made of it after he had put the State out of possession at least 15. l. per diem for about a year together as they were informed by those that knew it very well and that they durst not be sofalse to their trust as when the State had been in possession above three years to produce Evidences to divest the State and what they desired was such a thing as was never heard in any Court That a Plaintiff that sued for the possession of Land should desire the Defendant to make him a Title to out himself And that if Wray had gotten their Evidences into his hand their way was plain to exhibite a Bill in Chancery there they might compel him to produce his Evidences in a legal way And it not appearing to the Committee that either Mr. Lilburne Mr. Levitt or Mr. Josiah Primatt would or then could produce the least Evidence to overthrow Mr. Wrays title Mr. Wray being then present and confidently affirming and holding his Evidence in his hand ready to make it good that the right of the whol Colliery was in him they confirmed their former order and have since let the said Colliery for the benefit of the State And we do now desire that you would be pleased to call Mr. George Lilburne and Mr. George Grey to account for the profits of the said Colliery we being assured that great sums of money are in their hands due to the Publick they having as yet paid never a penny And we hope this is a full answer to your Order procured by Mr. Josiah Primatt dated July the 12. 1650. concerning his interest in the Cole Mines at Harraton and sent down to us for our Certificate Arthur Hasilrige Francis Wren Tho. Delaval August 8 1650. Copia vera Exam. Jo. Leech Now I shall desire you to take notice that the chief title here set up is Wray's own bare averments who is a Delinquent Papist and one of the basest of that sect being a common procurer of affidavit men and a fellow that will swear any thing in the world it being his common habit in his common discourse as you your selves very well know for which you lately reproved him in open Court though he was too much your friend to be punished therfore by you but in counter-ballance to his lying averments before mentioned I could produce you he oaths of my Uncle and Mr. Grey two men of honor conscience and repute but they being much both at one and my Uncle a party and Mr. Grey none although you lately made him one against all reason and justice I shall onely insert Mr. Greys The Copy of whose oath thus followeth GEorge Gray of Harraton in the County of Durham Gentleman maketh Oath that in the year 1644. Sir William Armin and other Commissioners of Parliament did Sequester certain Colemynes or seams of coals in Harraton in the said County of Durham then belonging to one John Jackson Gentl. a Delinquent and certain other Colemynes or seams of coals in Harraton aforesaid then belonging to Thomas Wray Esquire a Papist and Delinquent which seams of coals belonging to the said Mr. Wray were onely the half yard and 3 quarter seam of coals the greater seams of coal viz. the five quarter seam and nine quarter seam being then drowned and not won or wrought And he further deposeth that on or about the 6 of February 1645. upon the said Mr. Wrays Petition on the behalf of his creditors the Committee for Sequestrations for the said County Ordered that Mr. Rich. Pearson of New Costle or any other of Mr. Wrays creditors well affected that would undertake the working of the said colemines called the half yard
Parliament yet although the Councel of State imprisoned me for Treason and the Parliament approved thereof yet they were so just and righteous as not to order my estate to be seised upon till I was convicted of some crime yet Sir Arthur Haselrig did assume that power to himself as without authority either from Parliament or Councel of State to sease upon or stop and destroy the current of my Ordinance of Parliament so that I could not get a penny of almost 2500 l. in the day of my adversity to buy me my wife and three little babes a bit of bread of which doings of his being certified by my Father I confess it did not drive me into a little rage and passion and put those provocations upon me that had like to have been my ruin and destruction and I think Sir Arthur exposed me to as sad a condition as any man in the world could be exposed to by his being instrumentall to get me into prison for Treason and then close imprisoned and my Friends and relations kept from me and no allowance then from any And besides all this to keep all my own Estate from me and call me Traytor and Villain to my Father when he demanded some of my Mony for the supportation of me my wife and children then in the greatest distress that it was possible for any people in the world to be in O the height of cruelty and bloodiness in this Sir Arthur Nay to add to this that thus to provoke and necessitate me and then at Durham to threaten and tell my Father Hee would come up to London to get me hanged for crying out of that which really and truly arose from his unsufferable oppressing of me yea and I have from good hands been told such an influence Sir Arthur had upon my tryall for my Life That after the Scaffolds were begun to bee built in Guildhall my Tryall was delayed a week for his comming to Town and â—o lay his modell for my ruine And after that by the special providence of God I was freed from his bloodthirstinesse he kept my Money in his and his Treasurers hands so long without letting me have a penny of it to support me being then at liberty and thereby exposed to the utmost extremity in a manner that could bee that I was in my own spirit compelled to tell his Clerk Mr Pearson at the George in Chanell-Row That his Master Sir Arthur had exposed me by keeping my Mony from me to the utmost extremity and have it from him I must and would although it cost me my heart blood and so I desired him before witness to tell him And that if he thought to keep it while I sued him at Law or complained to the House of him it was a vain thing for him to think so for he was too great for me that way to encounter with and I too much under a cloud in such a way to expect any remedy from him and besides I neither had Money nor time to spend upon him and therefore as he loved his Masters life and welfare I intreated him to tell him I wore a good Dagger by my right side and a good Rapier by my left side and if within 8 days he did not send me all my Money or give me some rationall satisfaction let him look to himself for after that day wherever I met him I would pay him for all together though I were cut in a thousand pieces on the very place For if against a thief that sets upon me upon the Highway to rob me of a little Mony it was lawfull for me to draw my sword and in the defence of my propriety to kill him much more was it lawfull for me to doe the like to him that would most arbitrarily and tyrannically without all shadow or colour of Law take al that ever I had and therby expose me my wife and children to famish and perish And in case by my fair dealing with him by telling him before hand of my intention he got me committed to prison and thereby thought to disenable mee to deal with him he would be very much mistaken for thereby the hand would only be changed Whereupon within the time limited to the best of my remembrance I had received a Paper or Warrant signed by Sir Arthur and Colonel George Fenwick to the Treasurer at Newcastle to pay me or my Assignes about 800 l. which I accordingly received And at the Lord Generall Cromwels coming out of Ireland he was Nobly pleased to get me a grant of selling Lands upon Me for the residue of my Money for which most noble favour I must and doe heartily declare and acknowledg my self highly obliged to him But I must acquaint you that when Sir Arthur had got me to prison and robbed me of my estate for no better I can call it although he should tell me my father was one of the Committee where it was disposed of yet I must tell him his will was and is a Law to all the Committees in the North and so absolute he is amongst them that some of them have told me he will neither suffer them to vote nor stare a question but resolve all himself and bid the Clark enter it for so it must be I say when he had got me fast as is before declared he then thought all was his own and finding my Uncle the heaviest man left he falls point blank upon him about the Colliery at Harraton and thinks to do two works at once viz. 1. Sufficiently to disgrace and impoverish my Uncle thereby And then 2. To invest Wray a Popish Delinquent in the title of it that so from him he might either purchase it for a song or if that could not be get him put into the Act for sale as he hath done some others and so get his own surveyers put in to survey it and by his agents either drown the Colliery that it might be esteemed but little worth at the surveying it or else over awe them to make what reprizals he pleased as in the like he hath partly done already that so it might be his for a toy for I beleeve scarce all the Lands and Collieries in the County of Durham will satisfie his greedy appetite and therefore in order to the accomplishment of both his foresaid ends he doth with force and violence in the most tyranicallest way that ever was done in England sequester the said Colliery in or about Sept. 1649. And in process of time Mr. Primate Landlord to my uncle c. Appeals to the Commissioners at Haberdashers-hall in these words To the Honourable Commissioners for compounding c. The humble Petition of Josiah Primate Citizen and Letherseller of London Sheweth THAT Your Petitioner being possessed lawfully of three parts in four to be divided of all the Cole Mines in Harraton in the County of Durham for divers yeers yet to come by vertue of a Lease thereof made by Sir John
so lost till 1647. when your Petitioner demised his said moity to George Lilburne and George Gray Junioâ— Esquires for 12 years at certain Rents who by the expence of at least 1500 l. regained the same and quietly enjoyed wrought them till 1648. the said Wray and Metcalf neglecting and refusing to joyn with them in that charge and work That in 1648. by a sad mischance with the losse of almost 60 mens lives the said Seams were fired and lost again but before the end of that year at the vast charge of your Petitioners said tenants they were regained and quietly enjoyed and wrought by them till September 1649 to the great advantage of the State in abating the price of coals and increasing Trade in that River That in September 1649 Sir Arthur Haselrig acting as one of the Committee for Sequestrations with two others viz. Col. Fenwick and Col. Francis Wren in the said county unjustly caused your Petitioners said tenants to be dispossessed of the said Seams of coals and their utensils to be seised taken from them under pretence that the said Seams wholly belonged to the said Wray being a Papist Delinquent and had been sequestred as his estate in 1644. whereas in truth they were not then in being being absolutely drowned That your Petitioner being then in that county by his Councell humbly moved that Committee before they sequestred his estate that either the said Wray who was then also in Court might shew forth his Title and Evidence your Petitioner and his Tenants being in quiet possession or that the said Order for the sequestration of the said 9 and 5 quarter Seams in 1644. might be produced But Mr. Wray could neither produce any Evidence nor Sir Arthur any such Order And yet your Petitioners said estate was presently sequestred and his Tenants ejected and dispossessed although he doth confidently believe that neither Sir Arthur nor colonel Fenwick had any legall right to act there as Sequestrators having not taken the Oath appointed by Ordinance of Parliament of 27 May 1644. for all members whatsoever of Committees of Sequestration to take before they intermeddle at all with Sequestration and two of the legal Committee of Sequestration there viz. col Milford and Rich. Lilburne Esquire did enter their Protest in the Committee Book against the unjust actings of the said Sir Arthur Haselrig to which illegall practices of Sir Arthur the major part of the Commissioners at Haberdashers Hall refused to suffer your Petitioner to examine his witnesses to That your Petitioner appealed which was upon the 28 June 1650. to the Commissioners for compounding and before them was ready to make his title appear by good evidence and particularly by the said Wrays own depositions in Chancery taken about 9 years ago in a cause then there depending about the said colliery where he positively swears he hath but a fourth part but in February last when this business came to hearing the Major part of the Commissioners rejected Wrays said depositions in Chancery and would not suffer them to be read The first time that ever depositions in Chancery were refused for good evidence especially against the party swearing them in any Court of Equity in England that ever your Petitioner could hear of That thereupon by the Order of the said Commissioners your Petitioner preferred a new Petition which was upon the of February 1650. before them setting forth his title to and possession of the said moiety of the said Seams and sent above 200 miles for 7 or 8 substantial witnesses several of which have lived a long time upon the place and were workers about the said Colliery and examined them and staid them here many days after at his own charge that they might be cross examined for the State And after obtained * * As appears by their order dated publication in the cause by consent of the States Solicitor and a report of the state of the case and got a day of hearing appointed and an Order that Mr. Wray should be present and produce his deeds and evidences at the hearing but the said Wray though duely summoned appeared not the first day nor the second nor third appointed days a a Which several days of hearing by the Commssioners orders were to be on Thursday next come 14 days after the 21 May 1651. and in three weeks next after the 22 May 1651. and upon 5 June 1651. they order that Wray shall forthwith appear to the hearing upon notice of that Order of hearting till your Petitioner got him commanded up by the Councel of State b b whose Order or Warrant is dated the 10. June 1651. That when the said Wray was come up and should have brought his deeds into Court and gone to a speedy hearing according to your Petitioners expectation and several Orders of the Commissioners for that end the Major part of them ordered the said Wray six weeks longer day to bring in his deeds and to attend the hearing and that in the mean time he might examin new witnesses which is held as your Petitioner is informed a most dangerous course in all other Courts of Justice and the mother of much perjury and which three worthy members there viz. Mr. Moyer Mr. Barners and Mr. Moor in open Court cried shame on but were overruled by the influence of Sir Arthur being the principal instrument of placing the said Commissioners in their power as your Petitioner by their dealings with him having just cause to judge hath more prevalency with them then the rules of Justice and right as in part may appear by the Copy of his Petition delivered unto them hereunto annexed The Premises considered and for that your Petitioner hath now for almost two full years been most injuriously and arbitrarily thrust out and as unjustly kept out of his rightfull estate and possession without ever having any pretence of title set up against him the clear profit whereof by Sir Arthur Haselrig 's own Certificate amounts to 15 l. a day and all that while no piece of a proof of the States Title offered or produced and in regard Sir Arthur Haselrig hath put certain of his Officers and Soldiers into the possession of the said Colemynes which are but unskilfull Collyers and as your Petitioner is lately informed do work the Mynes very foully and injuriously and are like to destroy them and so will indanger your Petitioners utter undoing in point of breach of Covenant with his Landlord John Hedworth Esquire son and heir of the aforesaid Sir John Hedworth the Inheritor of the said Mynes Your Petitioner therefore most humbly prays the Justice of the Parliament that he may either be restored to his possession upon good security given to the Parliament to be answerable for the profits in case hereafter the said Mynes shall appear to be duely sequestrable Or otherwise that the Commissioners for compounding may be commanded by your Order forth with to hear and determine the whole
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 â—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 doâ—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
said witnesses by this day seven-night * * And upon the expiration of this Order Major Iohn Wildman in open Court made a motion for publication of the depositions unto which Master Fowles Solicitor for the State in open court consented unto upon which by special order there was publication which if not entred in your Books the fault is none of ours And in case that the said witnesses shall be detained longer in Town on behalf of the State that then their charges expended in such stay be allowed unto them And it is referred to M. Reading after such examinations taken to peruse the same and also the Petition of the said M. Primate and Report the case Vera copia Ex. T. Baly The forementioned Orders for hearing the cause thus followeth By the Commissioners for compounding c. 22. May 1651. WHereas we ordered 21 may current That the Case touching the Coliery at Harraton should be heard on Thursday then next come fortnight unlesse Mr Fowle shewed cause to the contrary by Wednesday then next Now upon the desire of Mr. Fowle on behalf of the Common-wealth that there may bee longer time given for the hearing of the said cause and that Mr. Wray might according to former order be sent for up to be present at that time with what Evidence he hath in his hands touching the same It is ordered that the said Case be heard on this day three weekes unlesse just cause be shewed to the contrary And Mr. Wray is required at the time to attend here and bring with him all the Evidences and Writings in his hands concerning the said Coliery and that he have timely notice thereof And the Commissioners for Sequestrations in the County of Durham are to certifie to Vs such notice the week after the receipt hereof and pay to the said Mr. Wray 5. l. for and towards his charges And that Mr. Fowle doe attend the right Honorable the Lord President of the Councel of State for a licence for the said Mr. Wray to come up to London accordingly he being a Papist and Delinquent Copia vera exam T. Bayly By the Commissioners for compounding 5. Junii 1651. WHereas we ordered 22 May last That the Case touching the Coliery at Harraton in the County of Durham should be heard on that day three weekes unlesse cause were shewed to the contrary And Mr. Wray required to attend here at that time and to bring with him all the Evidences and Writings in his hands concerning the said Coliery and to have timely notice thereof And the Commissioners for Sequestrations in the County of Durham were to certifie such notice to Vs the week after the receipt of the said Order and to pay the said Mr. Wray 5. l. for and towards his charges And that Mr Fowle should attend the right Honorable the Lord President of the Councell of State for a licence for the said Wray to come up to London accordingly he being a Papist and Delinquent Now for that upon information given to Vs by Mr. Fowle that hee hath not as yet procured a licence from the Councel of State for the said M. Wrays coming hither at the day of hearing aforesaid and upon consideration had thereof and the short space of time now remaining for the said Mr. Wray to come up hither the three weeks for hearing the said Case being farre spent so that we have not time to addresse our selves to the Councell of State for a licence for the said Mr. Wray It is therefore resolved and so ordered That the said Mr. Wray doe forthwith upon notice hereof repaire hither and bring with him all the Writings and Evidences in his hands touching the said Coliery to be present at the hearing of the said Case and for which this shall be his sufficient Warrant And it is further ordered That the Commissioners for Sequestrations in the said County of Durham doe forthwith pay unto the said Mr. Wray the summe of five pounds for and towards his charges c. Copia vera exam T. Bayly But to return back the said Sir Arthur Hasterig fell upon my Vnkle about the Land he farms at Ford as if he had cozened and cheated the State there and hath put him to a great deale of trouble and charge thereby although he justly farmd it of those that had a right to Leâ— it the main drift of sir Arthur to my understanding being to get al that land of Ford with all other lands of the late Baron Hiltons that he gave to the poor of London c. invested in the present Col. Hilton a delinquent that so he might by himself ragents get him put into the Bil of Sale being a gallant and fit parcel of Land lying close by Esq Hedworths for Sir Arthur to purchase at the hands of the State after the Rate of his owne surveying and add M. Hallimans Ballast key and Land at Munckwarmouth near Sunderland if Sir Arthur could get that made to be as he strongly endeavours it Pudseys the Delinquents it would be fit for the Bil of sale also And so Sir Arthur in time might have a foâ—â—ing even from the spring of the River Wear to its going into the 〈◊〉 for I am sure lately Sir Arthur came to plead his cause against poor Halliman which hee did with that violence that I never heard man in life do he declared himself in my hearing that the land claimd by Halliman was just and fit to be put into the Bill of sale Another of Sir Arthurs unjust dealings with my Vncle is his going about to make him a deceiver and the cheater of the State about the Colliery of Lamton in which I am confident he dealt as justly and as honestly as any Tenant in England could doe that took such a thing of any man for a valuable consideration that had a right to let it Another piece of sir Arthurs dealing with my Vnkle was in his sequestring that Land he had in mortgage from the Lady Tonge for 600 l. in redy money to pay her sons Composition as if he had by so doing committed the horriblest cheat against the State that possibly could be but M. Bâ—eretons Report and your own Order made upon Thursday last being the 24 July 1651. hath sufficiently cleared my Vnkle for an honest man in that particular although M. Mollins at the beginning of the caus could with open mouth in the Court call it a notorious cheat which was reproved by Major Wildman by demanding of him if he were not ashamed to condemn a thing before he heard it or understood it but it seems Sir Arthur had said it and left his commands with him so to cal it and therefore right or wrong he must believe it and obey it and M Winsloe and M. Squib both did their parts to that purpose but truth and the reason of M. Moyer was too strong for you all three Another piece of Sir Arthur Haselrig most false and wicked dealing
with my Uncle was at Haberdashers hall not long since when he and I had the tug for 5 or 6 houres together hand to hand where he would have had you to have past sentence upon my Vncle upon 3 or 4 verball charges of his prosecuted with that heat by him as if it had laid upon his life which were all falshoods and lyes in themselves and for a taste of one for all give me leave to whet up your memories that when Sir Arthur came to tax my Uncle for cheating of the State of the profits of the land of Harraton as wel as of the coliery which was sequestred only for the Delinquency of the foresaid Thomas Wray as he aver'd being all of it his and he or you the Commissioners demanded my Vncles answer unto it which I gave to this purpose that we denyed every thing that Sir Arthur said there being nothing but falshoods and untruths in all his averments and put it upon him to prove what he said at which he being very mad that such a man of his rank and quality as he was one who had from the Parliament so great a trust upon him should be so affronted as he was by such a man as I was unto which I replyed to this purpose That setting aside his authority with which I would make no comparisons I judg my self as honest and as good a man as himself and come of as good parentage as he and if he or the greatest man in England durst go about in my hearing to make my Father and his generation a company of knaves and cheaters as he that day had done in things or for things for which my conscience told me they had don nothing but justly honestly I should not judg my self worthy to be accounted to com from the loyns of so honest just a man as my Father was if I should hear him so basely abused to his face as he had abused him and suffer it in silence for he hinted as if my Father and Vncle had defrauded or lost unto the State 12000. a year of sequestred lands and that my Father had made himself rich by medling with sequestred lands and therfore if he durst abuse my Father in things I knew to be false I durst tell him he spoke falsly in any place in England and therefore if he would not by me bee told of his falshoods let him speak truth But Sir Arthur at that time began to lift up his eyes and hands and call for vengeance from Heaven averring upon his soul his conscience honor calling the grear Lord God of heaven and earth to bear witness that he spoke nothing but Truth and that as ever he expected to appear with comfort before the Lord the land of Harraton which Esq Hedworth lays claim to was M Wrays and was sequestred for his delinquency and his only and alone and this I know saith he you have a Certificate of from your own sworn commissioners who are men of honor and conscience and therefore desired it might be read Of which Certificate and all others about that land I was totally ignorant of and had never seen not heard read before to my knowledg and M. Baily the Clerk being commanded to read it he read a Certificate the copy of which thus follows Gentlemen we formerly returned that we had sequestred the Lands at Harraton for the Recusancy of the Lady Dorothy Hedworth the relict of Sir John Hedworth deceased And we perceiving by several Orders sent unto us that John Hedworth Esq son of the said Sir John Hedworth and the said Lady is endevoring a pretended right thereunto to get off the Sequestration we have therefore sent the depositions inclosed with a copy of a deed which holds forth the Ladies interest and the originall deed being in the custody of Mr. Levet or Mr. George Gray who now live and recide at London we have sent what testimony was produced unto us by the said Lady Derothy Hedworth and desire that Mr. Levet and Mr. Gray aforesaid may be called before you and injoyned to produce the said Original deed whereof this inclosed is a Copy in case the State be prejudiced by taking off the sequestration of the said estate by destroying the Ladies title which determins not until her death We remain Durham April 18. 1651. Gentlemen your assured friends Francaes Wren Thomas Delavel Copia vera Exam. John Leech At the reading of which you may remember Sir Arthur was full of rage at the Cleark but I helpt to stop his mouth a little by appealing to you to be Judges whether there was either conscience honor faith or truth in Sir Arthur Haselrig or that there was any credit to be given to any thing he had said or sworn seeing he had so solemnly averred protested and imprecated and cal'd God to witness that the land was sequestred onely and alone for Mr. Wrays Delinquency and his own Record that he first produced to prove his assertion saith the quite contrary but although I then plyd him with hot cloaths and made him in the face as read as a Turkey-cock yet he was not totally dasht out of Countenance but to mend the matter called for another Certificate saying he was sure there was such a Certificate as he spake of which being before the Gleark it was read The Copie of which thus followeth Gentlemen According to your Order granted upon the motion of Mr. Higgins in the behalf of John Hedworth Esquire of Harraton and William Hollyman of Monkewarmonth dated July 12. 1650. We do hereby certifie that concerning the Lands in Harraton pretended by John Hedworth to have been in his possession for several years last past It appears to us that about May-day 1647. the said lands were sequestred by the Committee of Sequestrations for the County as belonging unto Thomas Wray of Beamish Esquire he being then in the sole possession thereof and so having had the possession for many years and that they were letten by the Committee to several Farmours for 200 l per annum and that Mr. George Gray one of the said Committee dealt with the said Farmours and got into the possession of the said lands and so continued for several years together not paying any rent to the State And that when the Committee about a year since called for their rent and the arrears Mr. Gray then stood up and claimed the said lands as belonging to one John Hedworth that married his daughter by collour of an intail pretended to have been made by some of Hedworths Ancestors The Committee then finding the state had been so long disposed without any Order and that by a member of their own Committee and that it did belong to the State from the year 1644. that being the time that Mr. Wray was sequestred as a Papist in Arms they ordered the said lands to be sequestred and disposed for the use of the State And whereas Mr. Hedworth informs you that he
whatsoever should be proved to be due from her husband to the State which they refused whereupon this deponent and the said Cosin offered to enter bond that within 14 days upon answer from the said John Hedworth if any thing appeared due we would pay it down But the Commissioners would have us to ingage to make good what was preâ—ended to be due from Mr. George Gray which thing we refused because we knew the goods so driven were not the goods of Mr. Gray but Mr. Hedworths as this deent offered there 3 several times to depose but the said Commissioners refused to take any proof that the said goods were the onely proper goods of the said John Hedworth And this deponent further maketh Oath that be certainly knoweth the goods at that time so driven were really the goods of Mr Hedworth and not Mr. Grays which this deponent knoweth the better because he knoweth that the said John Hedworth bought the same for a valuable consideration without fraud or Trust Jur. coram commissariis 9. April 1651. R M. John Clifton Copia vera T. Bayly Ralpâ— Gray of Harraton in the County of Durham Gentleman maketh Oath that all the cattel being be wixt 50 and 60 in number driven off the grounds of Harraton North Beddeck and Follemby al in the County of Durham by vertue of an Order of the Commissioners for Sequestration of the said County of Durham dated about June 1650. pretended thereby to be the cattle of George Gray of Harraton aforesaid Esquire were the proper goods of John Hedworth Esquire and others and not the goods of George Gray and this he the more persectly knoweth for that this deponent was present at the bargâ—in making betwixt the said John Hedworth Esquire and the said George Gray Esquire at the very time that the said John Hedworth bought so many of the foresaid cattle of the foresaid George Gray as did belong unto him which were about 40 head for which the said John Hedworth was to pay about three hundred pounds to the said George Gray which bargain was really made without fraud or trust and the cattel delivered thereupon into the possession of John Hedworth above six months before the foresaid cattell were seised upon by order of the said Commissioners And this deponent further deposeth that amongst the cattel aforesaid were taken away at the same time by vertue of the foresaid Order 3 or 4 of the cattel of one George Gray of Sudwick in the County aforesaid And he also deposeth that the said Esquire Hedworth bought several of the foresaid cattel that were taken away out of the foresaid grounds of his neighbours viz. John Lax Will Fenwick Will. Holâ— And he also deposeth that the said Esquire Hedworth bred several of the foresaid cattel from the day of their being calved and never was out of the reall possession of them till the time aforesaid that they were taken away as is before declared and all this he the more perfectly knoweth for that this deponent hath lived in the house with the said Esquire Hedworth almost four years and was by him admitted to a constant privity to all or most of the actions and bargains of the said Esquire Hedworth and in his absence managed his affairs and business for him Jur. Coram Commissariis 9 July 1651. Ralph Gray R. M. vera Copia These foregoing are the copies of 2 orders mentioned in the foregoing Petition that were read in open Court to prove the cattel taken away to be the proper goods of John Hedworth Esquire and these two following papers are Copies of Affidavits produced in open Court to prove the Sub-Commissioners slighting and contemning the Orders served upon them from the Commissioners sitting at Haberdashers Hall John Hedworth of Harraton in the County of Durham Esquire maketh Oath That upon the sixth day of August 1650 being before the Commissioners for Sequestration at Durham with an Order from the chief Commissioners at London for putting him in possession of his lands which Order Sir Arthur Haselrig would not suffer them to obey but questioned this Deponent how he came in possession of several of them unto which this deponent made answer that part of them he had and enjoyed by expiration of Leases and part of others by Judgement at Law and that he had several trials of that nature to come before the Judges at Durham the next assises which were within a few days after Upon which Sir Arthur Haselrig told this deponent that he sued for nothing but what belonged to the State whereas the houses and lands for which this deponent sued and upon which he had sealed Leases of ejectment and expected tryals were his own Inheritance and not sequestred for his or any others delinquency and that at the same time Sir Arthur Haselrig turned him about in the Court and openly commanded Col. Wren that at the Judges coming to town he should repair unto them and cause them not to suffer any proceedings in Court whatsoever that had relation to any pretended lands of the said deponent By which means this deponent durst not go on with his trials whereby this deponent sustained very much loss and dammage And this deponent further saith that upon the 13 of February 1650. presenting himself with his Councel before the said Commissioners sitting then at Durham and that with a second Order from the chief Commissioners at London for their obedience to the first which they refused whereupon this deponents Councell Mr. John Heath made the warrantableness of his cause to appear unto them by vertue of that Order and advice they last received from the chief Commissioners at London whereunto Mr. Thomas Dallivale being one of the Sub-Commissioners then sitting at Durham answered and said unto the said deponent and Mr. Heath his Councel that notwithstanding they had publick Orders presented unto them yet many times they received privat instructions to the contrary or words to that effect Jur. Cotum Commissariis July 2. 1651. John Hedworth R.M. vera Copia Ralph Gray of Harraton in the Country of Durham Gentleman maketh Oath that upon the eleventh day of June last he together with George Gray of Harraton Esquire did deliver unto the Commissioners for Sequestrations in the said County two Orders of the honourable the Commissioners for Compounding the one bearing date the 23 of May 1651. concerning the examination of witnesses in the Case of George Gray of Harraton aforesaid Esquire and to return the examinations in five weeks from the said 25. of May and the other bearing date the 28 of May 1651. whereby the said Commissioners were ordered to send up to the said Commissioners for Compounding the proofes upon Oath whereupon they judged the cattel taken from John Hedworth of Harraton Esquire to be the cattell of George Gray Esquire and to examine witnesses on both sides if desired and to make return therof within ten dayes after notice of the said order and both the said Orders were entred in
Arthur and judged him so Godly just and honest as the like could scarce be found in England and my Uncle having high obligations upon him to Sir Arthur for being so zealous for him in 1641. in delivering his Petition to the then House of Commons for reparations for his foresaid sufferings they did not regard the aforesaid affront done to my eldest brother but bless themselves in the happiness they were like to enjoy by having so good a man as they then reputed Sir Arthur to be to be their Governor and so made it their work to be serviceable with all respect to him and the publick interest which they conceived to be concerned in him and having an extraordinary fair visible Correspondency with him they took the opportunity some years ago to write a Letter to him for a zealous Parliamentiet which is something rate in that county and to intreat him to fix his eie upon him for such a place but upon the reading the Letter it seems Sir Arthur sweld and told him to this effect that if he expected good from him he must not be so fixed to the two Lilburns for saith he they are stiff obstinate men and opposed old Sir Henry Vane and Sir William Armin and in time will oppose me But the man being understanding kept this many months in his own breast from my Father and Uncle till now of late by accident it was told to the one of them but they not knowing the ranker of Sir Arthurs heart against them went on in their old honest blunt way for so I shall call it till I see something fairly proved against them in doing their duty without favour or affection and being something rigid and not ensie to be byased in their imployment Sir Arthur had a minde to have my Uncle George as he was a Surveyer of Bishops lands to make him some reprisals for his great Lordship of Bishop Auckland which in conscience he could not say Amen unto upon which grew he first clear demonstration of a visible grudge betwixt them and the second was occasioned by Sir Arthurs Steward one Mr. Colson who was also a Surveyer of the same lands who counterfeting my Uncles hand upon which my Uncle complained against him as a forgerer whereupon the said Colson arrested him in an action of some thousands of pounds and cast him into the Counter prison at London supposing he could not have got bail for such a sum in which he was mistaken but never durst to this day declare against my Uncle lest in the conclusion it should have cost the said Colson his ears for his said Forgery The third visible occasion was about the coming in of Hamilton Sir Arthur endeavoured to get my Uncle to joyn with him in laying on 4 s. per Chaldron Excise upon coals and for that purpose sent for him from Sunderland a coal town where my Uncle had a little power as well as Sir Arthur had at New-Castle a great one and prest him to do the one at one place as he did intend to do the other at the other place but my Uncle being a warie understanding old man he could not nor would not do it unless Sir Arthur could shew him the Parliaments commands for so doing saying that if he did it without Authority it might be the ruin of him and all his but Sir Arthur replied to this effect The Parliament was a base wicked Parliament and he would do it though he died for it and when he went about to lay it on the seamen demanding the sight of his Commission he clapt his hand upon the hilt of his sword and told them that was his Commission and with that he would justifie it Thus much for my forlorns Now to the main and close joyning of the battel of Sir Arthurs clear and visible discovery of himself against my Uncle The fourth visible heart-burning within my cognisance arises from this occasion that Mr. John Blackston late a Parliament man being a Prebends son and being allied to divers of the great Malignants in our Countrey as Dr. Cosens his brother in Law and several others like him he very much endeavours to protect them from Sequestration and he finding my Father and Uncle who were both Committee men made by Ordinance of Parliament dated April 1643. as well as himself to be somewhat stiff and that they would not sell their souls and consciences for greatness sake and relations sake therefore did Mr. Thomas Shadforth the said Mr. Blackstons brother in Law pick a hole in my Uncles coat for signing two Warrant at New Castle in 1642. when he was under force and power on purpose to save himself from Sequestration he being then charged and it proved against him for a Cavalier in the first Warr all which my Uncle in his printed Remonstrance to the Parliament dated March 18. 1649 hath set forth and Mr. John Blackston all that while sufficiently and groundlesly reproaching my Uncle in the then House of Commons for a notorious Delinquent Cavalier and thereby gradually got him turned out of those places of trust the Parliament had reposed in him that thereby he might the easilyer trample upon him and was not onely content to pay my Uncle but also fell upon me as I have punctually declared in my Epistle oâ— the seaveâ—â—â— of April 1651. Writ to Master John Price Sir Arthurs Pâ—n-Agent which he durst never answer to this day to which Epistle for this particular I refer you and the inquisitive Reader where you and he shall finde sufficient foul play offered by Sir Arthur But this business at the last coming to a Committee of Parliament Sir Arthur it may bee finding it was advantageous to him to joyn with the said Mr Blakiston to crush my Vncle that so he might be rid of him and his opposition and thereby to the boot ove aw if it were possible my Eather to a slavish and beastly complyance with him he did more then ordinary being Chairman to the said Committee appear against my said Vncle but I did to his face sufficiently tell him of his unworthy doings in the Country in the said case but being my self committed to the Tower about that time viz. upon the 28. of March 1649. although then Sir Arthur could not fully have his will of my said Vncle at that time for the Committee voted him a clear and honest man and ordered to Report him so to the House yet I being so in prison Sir Arthur then thought to the purpose to crush to pieces and root up by the roots our whole Family and in order to that fell upon my bones to the purpose to seek my total distruction which is particularly touched in that Book proved at my Tryall to be mine saving the Printers Errata's which were many called A preparative to an Hue and Cry after Sir Arthur Haselrig pag 4 5 7 8. and particularly in the case of my money which was mine by divers Votes Orders and Ordinances of