Selected quad for the lemma: order_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
order_n	chief_a	durham_n	lord_n	21	3	2.1242	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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 pre●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 Ralp● 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 barg●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. Hol● 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

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

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 Le● 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 fo●●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. B●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