THE OPPRESSED MAN'S OUT-CRY; OR, An Epiſtle writ by John Hedworth of Harraton in the Coun­ty of Durham, Eſq. the 13 Sept. 1651. unto the Honourable, Sir Henry Vane, the elder, a Member of the Honorable Parlia­ment of the Common-wealth of England, William Vane his ſon, Lieut. Col. Paul Hobſon, and John Middleton, Eſq. Members of the Com. of the Militia of the County of Durham by Authority of Parliament.

THE great Lord Jehovah, the Creator of the world, In Scripture is ſtyled a God of Compaſſion, and of Truth and Juſtice, and a hearer of the ſighs and groans of the afflicted and oppreſſed; who in ſcripture hath fully declared himſelf, to be an angry and ſevere Judge, and puniſher of tyrants and oppreſſors; yea, and of thoſe that ſhut their ears, and harden their hearts, againſt the mournful, pitiful, and juſt complaints of the afflicted and diſtreſſed. And he by his ſpe­cial Providence, hath put power, authority, & magiſtracy into your hands, being Members of that Committee, that have the chief­eſt command of this County (under the Parliament, the ſupream) at your beck; And therefore by him in Scripture are ſtyled gods upon earth, and in that regard yee ought to be like him not onely in tender Compaſſion and mercy, but alſo in truth and Juſtice, and hearers of the ſighs, groans and mournfull Lamentations of the afflicted and oppreſſed. In the ſerious Conſideration of which give me leave to cry out unto you, and acquaint you, that I am the ſon and heir of a deceaſed Knight, Sir John Hedworth, who was Lord, Owner, or Proprietor of the Lands of Harraton in the County of Durham, and all the Cole Mines thereof, or thereun­to belonging, and left them unto me by an ancient and unblemiſh­ed Intail, as ſtrong as the Laws of England (my undoubted birth­right) could make any, as his eldeſt ſon and heir. And being by his deceaſe, left yong in years, and deſtitute of the ſupport of pow­erful friends, and allies, and therefore fit to become a prey to eve­ry devouring wolf, or greedy great man, that ſhould have a cove­tous eye to that inheritance that my forefathers ſtrongly and Le­gally intailed upon my father and my ſelf: And it was my unhappy fate to live in the age wherein Sir Arthur Heſilrig became Go­vernor of New Caſtle, a man of a high and covetous ſpirit, the whole County of Durham being (as by his conſtant actions he de­clares) too little in Revenue to ſatisfie or content his greedy appe­tite: And a man that will admit of no rule to walk by, but his own perverſe will and ſword, who caſting more then an Ahabs eye upon my poor Vineyard at Harraton, abhorred to be ſo righteous unto me, as wicked Ahab deſired and proffered to be to poor Na­both, who proffered him for his Vineyard the worth of it in mony, or a better for it.

But Sir Arthur Heſilrig finding my land and Cole mines at Har­raton, were profitable and pleaſant, and lay commodious for him to add to his newly com'd by great Eſtate; yet though he were in­feriour in power to Ahab a King, would be more unrighteous in practice to me, then he was to poor Naboth, and therefore would take from me my Colyeries and Land, yea, and my Cattle too, and that without ſo much as ever proffering me as good for them in exchange, or the worth of them in mony, or ſo much as one penny for them in conſideration, yea, or that ſo much as ever ſetting up & legally producing the leaſt ſhadow, or pretence of title againſt me, more then his wil, pleaſure, and ſword; yea, and to aggravate his co­vetouſneſs and tyranny exerciſed to the height againſt me, he would not only take my inheritance, goods, & cattle from me for nothing, by his will; but he would do it in ſuch a way, as that I ſhould be left deſtitute for ever hereafter, of all hopes of friends to recover it; & therefore he would totally deſtroy and cruſh to pieces, not onely in eſtate, but alſo in good name, (which to an honeſt man ought to be more precious, then much ſweet ointment) my Father in Law M. George Grey, and my old friend M. George Lilburn, there­by for ever hoping to deter any man of power or intereſt in the leaſt, to meddle with me, to help to eaſe or redreſs me; and all this done unto me at ſuch a time, when the righteous and juſt God is abroad in the world, in Power and Majeſty, to deſtroy Kings and Princes, and the greateſt of their Followers, for tyranny, inju­ſtice, and oppreſſion; yea, and at ſuch a time when the Parliament3 of England his Maſters, have raiſed and maintained a bloudy and coſtly war, declaredly to defend the liberties and properties of the people, yea, and at ſuch a time when they themſelves execute ſevere juſtice for ſecret tranſgreſſions done in holes and corners, upon their own members, witneſs my Lord Howards Bribery.

And that Sir Arthur hath oppreſſed me, and taken from me, and my tenants, my eſtate, is evident.

1. As to my Cole mines, the profits of which he and his under Commiſſioners, in their Certificate printed in Lieutenant Colo­nel John Lilburns Letter to four of the Commiſſioners at Ha­berdaſhers Hall, dated the 30 of July 1651. pag. 11. line 3, & 4: hath valued it at fifteen pounds a day in clear profit, which by the year at that rate, reckoning 365 days to the year, amounts to full 5475 l. per an. the high injuſtice and tyranny in his taking away of which, and ſtill with a high and ſtrong hand as unjuſtly detain­ing of it, is ſo fully ſet out & proved in authentick Records, in the forementioned printed Epiſtle, eſpecially in my tenant M. Joſiah Primates petition to the Parliament, delivered at their door in print to their members, upon the 22 of July 1651. and recorded there, pag. 16, 17, 18, 19, 20. that I need now ſay no more of it, but refer you to the ſaid Epiſtle, one of which I make bold herewith humbly to preſent unto you all for your ſerious and care­ful peruſal.

2. He and his under Commiſſioners hath as arbitrarily and ty­rannically taken away from me almoſt three hundred pounds per annum, of my Land of Inheritance at Harraton, and have let both Collieery and Land to Colonel Hacker, Lieutenant Colonel Mayers, major Tolhurſt, or other of his officers and ſoldiers, of which Land I was (being neither Papiſt nor Delinquent) in legall and quiet poſſeſſion, for about three years together, before they pretended to ſequeſter it from me; and although I had an Order, dated the 12 of July 1650. recorded in the 29 page of the fore­ſaid Epiſtle, that requires, that in caſe I were in actual poſſeſsion at the time of the ſequeſtring my ſaid Land, and were no Papiſt nor Delinquent, that then I ſhould be reſtored by the Commiſsi­oners of Durham to the poſſeſsion taken from me, giving ſecurity to be reſponſible for the profits of the eſtate, in caſe it ſhould not prove mine; and although there was never any pretence of my being either Papiſt, or Delinquent laid unto my charge; and al­though I have fully proved by Authentick witneſſes, viz. M. John4 Clifton of Gateſhead, and M. Thomas Petty of Durham (recor­ded in the ſaid Epiſtle, pag. 28.) that I was in quiet and peaceable poſſeſsion of the ſaid Lands, at the time when they were ſeque­ſtred, yet will not Sir Arthur ſuffer the Commiſsioners of ſeque­ſtrations of Durham, to obey the ſaid Order, or do me any manner of Juſtice or Right, but inſtead thereof hath commanded one of them, viz. Col. Francis Wren, to go to the Judges of Aſſiſes, and command them from him, to ſuffer me to have no benefit nor priviledge of the Law of England, (my grand and undoubted in­heritance and birth-right.)

3. Sir Arthur Heſilrig and his ſaid under Commiſſioners, who are ſolely at his beck and Command, and dare do nothing againſt his will and directions, have moſt illegally, arbitrarily and tyran­nically robbed and taken from me almoſt ſixty head of my Cat­tle, ſome of which were well worth ſeven or eight pound a piece, I having been bid for ten Oxen, then of that number, ſeven pound a piece ready mony, and ſix more of them were Stots, for ſome of which I was bid five pound a piece, and theſe they took from me being my own proper goods, and no manselſe in the world, neither directly, nor indirectly. And my abſolute propriety in them all, I have fully proved by legal teſtimony. Copies of whoſe Depoſi­tions are recorded in the foreſaid Epiſtle, pag. 33, 34, 35. the height of whoſe injuſtice to me in the two laſt particulars of my Land, and Cattle, I cannot to your Honours better ſet forth, then is already done in my printed petition delivered to the Parliament, upon Iuly. 23. 1651. and recorded in the foreſaid Epiſtle, pag. 31, 32, 33. to which I humbly refer you; all which Cattle I valued at three hundred pounds. Its true, they pretended they were my Father Greys, which if they were, (as in the leaſt they were not at that time, nor any one of them for almoſt twelve months before) yet he is neither Papiſt or Delinquent, but is, and hath been a zea­lous, active, well affected Parliamenteer, and a Committee man for divers years together, unſpotted and unblemiſhed, as is very well known to you all four; but farther they ſay, my Father Grey ought one John Jackson, a Delinquent, mony, who had not paid his Compoſition: what's that to me? But fullier to anſwer that, I ſay, my Father Grey avers he owes him never a penny, nor never bought nor ſold with him in his life, for two pence, nor never took no land of him, nor Cole Pits, nor no ſuch like things; but its true, he confeſſeth he took Land of his brother William Jackson,5 who had a legal right to let it, for the paiment of his portion and his ſiſters, who had a Decree in Chancery, in 1639 to authoriſe him ſo to doe, and alſo had the Order of the Committee of the County of Durham, to inable him ſo to do; which Order was procured and obtained, by the ſpecial deſire and petition of the wife of the ſaid Iohn Iackson, when his Land was under ſeque­ſtration; and yet for all this, hath the ſaid Sir Arthur Heſilrigg and his obedient creatures, by his will and pleaſure, taken the ſaid Land from the ſaid William Iackson, (who was neither Papiſt, nor Delinquent) and his ſiſters, and conferred it upon the ſaid De­linquent Iohn Iackson, who had no preſent right to it; by means of which, thoſe of them that are yet alive, are ready to famiſh and ſtarve through poverty and want.

But may it pleaſe your Honours; admit the ſaid Cattle that I averr was mine, had been my Father Greys, and admit the ſaid Iohn Iackson the Delinquent, had pretended my Father had ow­ed him mony, yet upon what ground of Reaſon, or Law, had the Commiſſioners at Durham, to believe the ſaid Iackson, a Delin­quents bare averment, before my Father in Laws, who is no De­linquent, but every way an honeſt man: But I farther anſwer, Iohn Iackson the Delinquent, had compounded and actually got off his ſequeſtration about a year before the taking away my cat­tle; and in that regard was in a ſenſe in ſtatu quo, and if any man owed him mony, his juſt and regular way was to go to Law for it, and there recover it as other Engliſh people do, and not for Sir Arthur and his Commiſſioners to be their own Carvers, to make that a pretence to ruine and deſtroy thoſe who they had a deſire ſo to do unto, under pretence they owed a Compounding Delin­quent mony; which if they did, yet had Sir Arthur and his Commiſſioners, (neither by Law nor Ordinance) any power at all to drive their goods, half ſtarve them, and then ſell them at moſt for half the price of their firſt worth, and do with the mony what they pleaſed, as with me in my preſent caſe they did; nay, although the ſaid Iohn Iackson had not paid in all his Compo­ſition, yet neither by Law, nor Ordinance, they had no power to ſeize and ſell the goods of thoſe that really owed him mony, much leſs of thoſe that he only pretended owed him mony; much leſs could they ſeize and ſell the goods of thoſe that he never preten­ded owed him a penny, which is my caſe; for their regular and legal courſe, in caſe of his wilful or negligent non-paiment of his6 fine, had been to have re-ſequeſtred his Lands again: but this high piece of injuſtice, as well to my Father Grey, as my ſelf, he aſſures me he will particularly and fully anatomize in print; and therefore to him, I now leave this, and all the other and many oppreſſions and wrongs, by Sir Arthur Heſilrig, which I believe the world will ſhortly ſee in print by him in their colours.

4. I beſeech you obſerve, here is to me out of my Colliery loſt 40 s. a week, and 10 l. at Chriſtmas, and 10 l. at Eaſter, for two years, amounts to 248 l. beſides loſt out of my Land at 300 l per annum, or thereabouts, for 1¾ of a year comes to 575 l. loſt by my ſaid Cattle 300 l. all three of which, put to­gether, comes to 1123 l, beſides in ſeveral poſtings, and other Journies to London, charges ſtaying there, fees to Lawyers and Solicitors, with Clerks fees for Orders, &c. charges for witneſ­ſes, ſeveral times to London and Durham, and many other inci­dent charges depending upon my almoſt two years troubles, above 300 l. for I am ſure of it, one Journey to London, and charges there, coſt me above three ſcore pounds, beſides the loſs of my time for the ſaid almoſt two years, and improvement of my ſtock and land, with the denial of me the benefit of the Law, and thereby with other ingredients the loſs unto me of many oppor­tunities I have had, to re-gain and poſſeſs ſeveral large parcels of mine inheritance at Sunderland, and ſeveral other places, and making me poor and low, and forcing me to run into debt, with diſgracing my reputation and credit; yea, and add to all this, by his burying me alive as it were, if I had not by Gods goodneſs found unexpected extraordinary choice, cordial and faithful friends, by which means I am really damnified, I am confident of it, at leaſt 5000 l. beſides the foreſaid 1123 l. or thereabouts, that I have loſt by Sir Arthurs matchleſs and unparelleled cruelty and tyranny. Over and above which, if my Colliery be worth that rate of fifteen pound per diem, what Sir Arthur and his Com­miſſioners in their foreſaid Certificate values it at, my tenants, M. Primate, M. George Lilburn, and my brother M. George Grey Junior, are damnified by their almoſt two years loſs of it, about ten thouſand nine hundred and fifty pounds, of all which cruelty and injuſtice exerciſed towards me, and upon me, Colonel Francis Hacker, now a Colonel of Horſe in the Army under his Ex­cellency the victorious Lord General Cromwel, hath been no ſmall Inſtrument and principal Agent to execute upon me, arbitrarily and illegally ſending his Soldiers or Troupers with ſevere com­mands, to handle me rufly without pity or compaſſion, when by their wils and ſwords they took my own from me threatning them that if they did not execute his tyrannical and unjuſt commands effectually upon me, he would caſhier them out of his Troup and Regiment, as ſome of themſelves have confeſſed; and all this hee did, as is evident, to make himſelf rich and great, with my Colli­ery and Lands, of which Sir Arthurs darling, the ſaid Col. Fran­cis Hacker, muſt needs become the chiefeſt Farmor, which in the concluſion it may be, may have in ſom ſenſe as ſharp ſauce follow­ing it, as Naboths Vineyard had to, or for Ahab; which if it have, I hope Sir Arthurs Lieutenant Col. Mayers, and his buſie and late upſtart Major Tolhurſt, with his pedling Lieutenant Bruine, the in­ſolenteſt fellow of all the reſt, will not go ſcot-free. Thus moſt noble Gentlemen, have I moſt truly, though briefly, laid open my wounds unto you; for which as yet, in this our Engliſh Gilead, I can finde no balm, although I have left no juſt and ordinary means unaſſayed, that it is poſſible for the wit of man to attempt: as,

Firſt, at the beginning, I and my relations at the Committee of Durham, did what in us lay, to preſerve our rights; but Sir Ar­thurs will, long ſword, threats, and bended fiſt, was too hard there for all our Law, Right, and Reaſon; and then when by will and power, my right was caried from me there, I

Secondly, appealed to the chief Commiſſioners above at Lon­don, and there I freely ſpent my mony, amongſt the Lawyers and Solicitors, to gain the beſt advice I could thereby; but my buſi­neſs going on very heavily, I at laſt found out two faithful Coun­cellors, viz. Lieu. Col. Iohn Lilburn, and Major Iohn Wildman, upon whoſe faithfulneſs, underſtanding, and valour, I caſt all my ſaid affairs; and they plaid the parts of honeſt & faithful men for me, and had many a ſharp and bitter tug with Sir Arthur and the Commiſſioners above, as you may partly and truly read in the foreſaid Epiſtle of Lieutenant Col. Iohn Lilburns, which yet is far ſhort of what I my ſelf heard expreſſed there; and when I was wearied, tired, and almoſt ſpent with charges and delays, and could get no manner of juſtice from their hands, I

Thirdly, followed the advice of one of them eſpecially, viz. Lieu­tenant Col. Iohn Lilburn, and Petitioned the Parliament, and had his perſonal and zealous countenance in it; but they being full of weighty buſineſs, (for ſo at moſt I muſt but ſay) had no time to8 read my Petition, although I ſtaid at〈◊〉long, till I was fain to ride poſt to come down to the expected Aſſiſes at Durham; and at my departure, I principally left the care of my buſineſs, with my ſaid faithful friend Lieu. Col John Lilburn, who it ſeems be­ing in ſome deſpair of getting my Petition at preſent read, and he as to me appears, judging long delays to be my ruine: In the

Fourth place, he hazarded himſelf amongſt other things he had occaſion to publiſh, to print my oppreſſions and cruel ſufferings, in that forementioned Epiſtle of his to four of the Commiſſio­ners at Haberdaſhers Hall, to which he ſets his hand three times; and although Sir Arthur Heſilrig at Durham, the other day (as the Lieutenant Col. informs me) would have had ſome people to believe he durſt not, or would not own it; and therefore deſired his brother Gore, to deliver a meſſage from him to the Lieutenant Col. which was, that if he were a Gentleman, he deſired him to own the late book called his, & to ſend him one; which being deli­vered to the Lieutenant Col. by his brother Gore, he deſired him to tell Sir Arthur, that if he were a Gentleman, hee intreated him to be an inſtrument, that they both might appear face to face at the Bar of the Parliament, and he would ingage himſelf to him, to own ſo much of it, as he was confident ſhould make his very heart to ake; for as the Lieutenant Col. ſaith to me, the Book or Epiſtle contains in it a matter of a high charge againſt Sir Arthur Heſilrig, and by the Law of England, and the pra­ctice of the Parliament it ſelf, in the Earl of Straffords caſe, (he ſaith) it is at his own choice, which piece of it he will begin with, to make good againſt Sir Arthur firſt, and not to be preſcribed by him, or any elſe for him, to begin with what in it they pleaſed; and I my ſelf am ſure of it, the main and principal part of it, he hath there ſufficiently proved by authentick Records, which to my great coſt and expences, I my ſelf know to be true; but be­ſides, Sir Arthur needs not in the leaſt to be affraid of the Lieu­tenant Col. not owning the Book; for I my ſelf, with many more, have heard him often do it, and he hath told me, that (as I remember) the very day he came out of London, he went to the Honourable, the Speaker of the Parliament, for his Poſt War­rant, and told him to this effect, that he had a Book at the Preſs, which would be finiſhed and printed within a few hours, againſt Sir Arthur Heſilrig, for his oppreſſions to his Uncle M. George Lilburn, my ſelf, and ſeveral others of his relations; and there­fore9 intreated his Honour, in caſe that in his abſence, that Book (by reaſon of the high language in it) came to be queſtioned in the Parliament, that he would be pleaſed to oblige him ſo far to him, as to acquaint the Houſe that it was his, and he would ju­ſtifie it with his life; and therefore humbly beſought him to in­treat the Houſe to puniſh no body for writing, printing, or diſ­perſing of it, but to lay the whole load of it upon himſelf; and if he pleaſed, in caſe the Houſe were angry at the Lieutenant Col. for it, he intreated the Speaker to ſend him but two lines by the meaneſt meſſenger in the world, and he ingaged to him to leave all his buſineſs in the North, and to come poſt to the Houſe, and to juſtifie the truth of the ſaid Book, with his life; and farther told the Speaker, that ſeeing in ordinary ways, he and his friends could get no juſtice againſt Sir Arthur, he intended to go to the General to Scotland, and as Sir Arthur was a Member of the Army, being a Colonel of a Regiment, and Governour of a Ga­riſon under the Generals power, he was reſolved at a Councel of War to Article againſt him, and he was confident they would hear him, and do him right; the firſt part of which, he told me he acquainted the Lord Grey of Growby with, and earneſtly begged of him, in caſe the ſaid Book was queſtioned at the Councel of State, that he would anſwer for him, as he had intreated the Speaker to do in the Parliament; and he farther told me, that be­fore he took Horſe at London, he went to Haberdaſhers Hall, and gave, and cauſed his Books to be given away, in the very face of the Commiſsioners there, and their Officers; and that when he took his Journey, he brought many of the ſaid Books along with him, and at all, or moſt places where he came, gave away the ſaid Books with his own hands, as his own; and having but one left at York, at the Poſt maſters there, M. Pearſon, Sir Arthur Heſilrigs Clerk or Secretary, came into his room about twelve a clock at night, and he pulled one of the ſaid Books out of his pocket, and to M. Pearſons face, owned it for his, and read him ſome of the ſmarteſt paſſages in it, and told him he had but one of many of them left, or elſe he would have given it him to give to Sir Arthur Heſilrig; but being he had but one; he was reſolved to keep it till the morning, and give it to his Noble and Honoured friend M. Luke Robinſon the Parliament man, and did ſo, and in­treated him ſeriouſly to read it all over, and as his Book to ſhew it (if he pleaſed) to Baron Thorp, then in perſon at his Inn: and alſo hee farther told me, that at his coming into the County of Durham, he waited upon the General at his Quarters at Branſ­peth on purpoſe about it, having left order at London to ſend ſe­veral of them to the General, and the chief Officers of the Ar­my into Scotland, which arrived ſafe in their hands at Scotland: but the General being very buſie, and ready to march from Branſ­peth, he could have no time to ſpeak with him about it, but in­quired after it of ſome of his principall Officers, who told him the General had ſeen it, and as they thought had read it, foraſmuch as there was ſome diſcourſe betwixt him and ſome of the chief Of­ficers about it; ſome in the Army apprehending the things laid to Sir Arthurs charge, to be very foul and baſe, preſt that there might be a fair hearing of it at a Councel of War, which was promiſed after their great buſineſs was over; at which tidings, the Lieut. Col. vvas very glad, and ingaged upon his life to make his ſaid Book good: and vvhen he had done, having got a new re­cruit, he gave ſome of them away, as his Books, upon the very place, to ſome of the Officers of the Army; and yet for all this, the Lieu. Col. tels me ſince his coming from London, (his letters tells him) he was poſted up publickly (as he believes by ſome of Sir Arthurs Agents, on purpoſe to diſgrace him) for running away for printing the ſaid Book, which he durſt not own, and that if a­ny man would bring him in, he ſhould have 700 l. for his pains; and by others, as he believes of the ſame Agents, he was publick­ly in London poſted up for running away to the King of Scotland with 500 Horſe, and if any could bring him in, they were proffe­red 500 l. for their pains.

But fully underſtanding by the ſaid Lieu. Col. how my buſineſs was above and how little hopes there was to get any ſpeedy reme­dy there, & fearing the length of time of getting a hearing in the Army, vvould be too long for my preſsing neceſsities to ſtay, they having in a manner taken all that ever I have in the vvorld from me, and allow me not one penny to live on, out of my eſtate; ſo that if I had not ſome true friends to help me, I, my wife, and ſmall children (for any thing they afford me, might either ſtarve or beg; and beſides, they ſuffer my Houſes to be ſo, that they are ready to fall down upon the ground, and force me to hire my own ground of them, to put in ſome Cows, to give a little milk to feed my poor young babes; and my mother and her daughters is in the like caſe, they having not for almoſt two years, received 30 l.11 from them to buy them bread, although my mothers title have bin the chiefeſt that ſometimes they have ſet up, to ſequeſter the moſt of it upon pretence of her Recuſancy, and therefore whether ſhe have a title or not, yet they ſequeſtring it upon that pretence, they ought by the Law of England, to allow her the thirds out of it, but they are like greedy Cormorants, that will ſwallow all: I ſay, conſidering and weighing all my neceſſities, and pondering in my own ſelf, and taking councel what I had beſt to do, I did in the

Fifth place, upon the 23 of Auguſt, 1651. with ſome friends go to James Liddel their Steward, and demanded of him the immediat paiment of ſome rent, reſerved to me upon the Collie­ry; the which, he abſolutely refuſing to pay, I made a formal re­entry upon my Colliery, as by Law I might, upon which, a com­pany of men came violently upon me, that call themſelves ſoldi­ers, and act upon my ground like ſavage Bears and Wolves, or Thieves and Robbers, and will produce unto me no written Or­der or Warrant, to give me a Rational ground to judge from whence they come, or who they are; upon which, I the ſecond day of this September, 1651. repaired to Durham, to the Commiſſi­oners ſitting there, and they diſclaim them, and avow they knew nothing of them till I told them; but yet would grant mee no Warrant to take them away, only they promiſed me to ſpeak with Major Tolhurſt about them, who it ſeems is their Commander, as well as his Soldiers; whereupon the next day, I writ a Letter to the Conſtable at Harraton, and others of my neighbours, charging them at their perils, upon my ground to harbour them no more, nor join with them any longer to rob and ſteal from me my Coles by force and violence: and that they might all take notice of their own danger, I cauſed the ſaid Letter to be printed and delivered to them; ſeveral copies of which, I make bold herewith to pre­ſent unto you, for your ſerious peruſal; but divers of my ſaid neighbours perſiſting ſtill in their evil dealing with me, I have ſent to London for Proceſs for every one of them that are tardy, as well Keel men, as others, and doubts not of a ſufficient remedy at law againſt them all, without interruption from the Committee of Indempnity, where yet I ſhould not be ſorry to be brought into, being apt to think I ſhall not get my complaints heard againſt Sir Arthur, till he or ſome of his Agents be forced by me to turn complaints: But Proceſs being in my own underſtanding too ſhort weapons to reach Soldiers withall, In the Sixth place, upon the fourth of this preſent September, I went to Gateſhead, accompanied with my Father in Law M. George Grey, Richard Lilburn, Eſq. Lieu. Col. John Lilburn his ſon, and my brother M. Ralph Grey, on purpoſe to ſpeak with Sir Arthur a­bout all theſe things; but he being buſie with the Commiſſioners of the Miniſtry, and ſo not to be ſpoken with, we all (ſaving Lieu. Col. John Lilburn) went to Major Tolhurſt, and acquainted him with the ſubſtance of all paſſages at Harraton, and demanded of him the ſaid reſerved rent of forty ſhillings per week, which he re­fuſed to pay, and acknowledged that by a verbal command of his own, (which is not worth a button, nor can be no ſecurity to the ſoldiers he had ſent) the ſaid ſoldiers to keep the poſſeſſion of the ſaid Colliery, adding he was betruſted by Col. Hacker, Lieute­nant Col. Mayers, and the reſt of the Gentlemen that had ta­ken it, to keep it, and he would keep it; ſo receiving no ſatisfacti­on at New Caſtle, and clearly finding Major Tolhurſt durſt not give unto the ſoldiers a written Warrant or Order, to be their ſe­cuirty, rule, and guide: In the

Seventh place, I deſired my Father Grey, and ſom other friends to haſten to Sunderland, to diſperſe my ſaid Letters there, and a­gain to warn all the Keel men at their perils to fetch none of my Coles, nor none of the ſhip maſters to buy any of them, and my ſelf, with Lieu. Col. John Lilburn, rode away to M. Timothy Whittingham, being a Juſtice of Peace, and read him the ſaid Letter, and fully acquainted him that a company of Rogues, who called themſelves ſoldiers, were come upon my ground, but could produce no Commiſſion from any body that ſent them, nor the Commiſſioners at Durham, nor Major Tolhurſt, would not under their hands own them, and they like bloudy Rogues, beat, and had almoſt killed ſome of the people, whom they forced to load away my Coles to the water ſide, and ſome of the ſaid ſoldiers, with their own hands, loaded my Coles into Keels, and caried or ſent them away; and thereby feloniouſly robbed and ſtole from me my real and proper goods; for which, as he was a Juſtice of Peace, forthwith vve deſired his Warrant, as Felons to bring them before him, vvhich vve very much preſt upon him as his duty by his Oath, and the Law of England to grant; but he refuſed, and deſired time to conſider of it, and ſpeak vvith Sir Arthur a­bout it: upon which, Lieu. Col. Lilburn deſired him to tell Sir Arthur from him, if he and thoſe under him were affraid and a­ſhamed, to give the ſoldiers at Harraton under their hands a writ­ten Commiſſion or Order to act by, and that M. Whitingham re­fuſed to grant his Warrant to bring them before him, upon our complaint, vve vvould not be affraid nor aſhamed, to do the beſt we could to expel force vvith a ſtronger force, and if any of the pretended ſoldiers were knockt on the head in the ſcuffle, for any thing we know, from the Law of England, they had their mends in their own hands; but if he vvould ſend his written Order for the ſoldiers Warrant, and let us copy it out, vve vvould not at all trouble or moleſt the ſoldiers any more; and ſo we vvere content that he ſhould take till Munday at night to talk vvith Sir Arthur about it: and vve being both at Durham upon Tueſday laſt be­ing the ninth of this preſent September, M. Whitinghams man brought to our Inn a ſealed Letter, the Copy of which thus fol­loweth;

14Now moſt honoured Gentlemen, I pray ſeriouſly obſerve M. Whitinghams Letter, who if he had been a man according to that which God in Scripture requires every Magiſtrate to be, viz: a man of Courage, I am apt to believe he would ſcarce have writ­ten this anſwer, to our Legal demand; but I deſire to be as ſparing of him as the nature of my buſineſs will permit me: but yet I beſeech you to take notice that I think the Civil Magiſtrate is the proper Judge of the Law, and not the ſoldiers in the leaſt, much leſs thoſe that only pretend themſelves ſoldiers. And I beſeech you obſerve, that in the eye of the Law, Felony and Robbery may be as well committed upon my goods taken out of my houſe or ground, as from my immediat & proper perſon, and ſo much we poſitively we laid unto the charge of thoſe ſturdy rogues, that pretend them­ſelves ſoldiers upon my ground, who have no Formal nor Legal Commiſſion to authorize them in the leaſt to do as they do; and upon our ſo ſerious laying Felony to their charge, and offering by the Law to make it good, he ought by the Law without any more diſpute, to have granted us his Warrant, at leaſt to have brought them before him to have examined them: by means of w^ch, I ſhould either have known ſome that Judicially and Formally would have owned them, or have had ſome evident demonſtration that theſe are the men Major Tolhurſt by word of mouth ſent, or elſe have clapt them in that place that vvould have kept them ſafe, till they were fully fit for the Gallows their deſerved portion.

But moſt noble Gentlemen, by all the fore-recided dealing with me, you may clearly ſee, I am made the moſt miſerableſt ſpectacle and object in England, being robbed by Sir Arthur Heſilrig, &c. (by his will and power) of my Land, Colliery, Goods and Cat­tle, and damm'd up that I can have Juſtice no where, to obtain a little of my own to buy me bread, to keep me, my wife, and young and tender infants alive; nay, that which is vvorſt of all, I am ex­preſly by Sir Arthur Heſilrig himſelf, in the preſence of my ſelf, and my Brothers, M George, and M. Richard Grey, and many others, abſolutely commanded to be robbed, and deprived (before I have committed any crime) of all the priviledges of an Eng­liſh man, by being debarred to have the benefit of the Law againſt any of thoſe that detain other parts of my inheritance from mee, then now is in the poſſeſſion of the State, in the detention of which, the State gets no benefit at all: Wherefore hear, O Hea­vens, and give ear, O Earth, and if any bowels of Compaſſion, Juſtice, or Mercy, be in you, pity, commiſſionate, and help to re­lieve me, a moſt diſtreſſed, and cruelly oppreſſed young Gentle­man; that with grand oppreſſion, and unparrelleld cruelty, is like to be deſtroyed by Sir Arthur Heſilrig; even in England, at that time, when the Parliament thereof, hath many Armies in the field to fight for the Laws, Liberties, and Properties of the people; and therefore as yee are men, nay, men of Honour, Conſcience, or common honeſty, or as ever you came from the bowels of women, O help, help, help me, and my periſhing family, in my tranſcen­dent and great diſtreſſes, and put forth ſome of that power betru­ſted to you by the Parliament of England, as you are Members of the chiefeſt power in this County, viz. Commanders, and Diſpo­ſers of all the Forces and Militia there, and ſend forth your War­rant, and Soldiers to command before you, theſe Thieves and Robbers, now upon my ground, that call themſelves ſoldiers, and ſo being within your juriſdiction, are under your immediate com­mand, and compel them by your power, either to produce before you a Formal and written Warrant, to juſtifie them in what they have already done, or in default thereof, to ſend them to the Goal as Rogues, Thieves, and Robbers; and as one of you is a Parlia­ment man, and as either the ſpirit of Honour, or an Engliſh man dwels in you, ſend I beſeech you, this my Complaint, to the Par­liament, and earneſtly intreat them in my behalf to read my fore­mentioned Petition depending before them, and do me right a­gainſt all the cruel oppreſſions of their own Member Sir Arthur Heſilrig, who is the greateſt diſhonour unto them (by his oppreſ­ſion and tyranny) in all this Nation; and as another of you hath been a Member of the Army, in a place of Eminency there, and as either the ſpirit of a Soldier, or a man of Magnanimity dwels within you; ſend this my mournful Complaint, Lamentation, and Out-Cry, to his Excellency the Lord General Cromwel, and the Honourable Officers of his Army, and intreat of them in my be­half, to take Cognizance of my great oppreſſions, by the Mem­bers of their own Army, viz. Sir Arthur Heſilrig, his Col. Hac­ker, his Lieu. Col. Mayers, his Major Tolhurſt, his Lieu. Bruine, and all the reſt of his Officers, that have unjuſtly oppreſſed mee, and helpt to rob me of my eſtate. And alſo I pray put him in mind of the diſhonour Sir Arthur Heſilrig hath done unto him, and the affront he hath put upon him by his turning honeſt, firm, and faſt men to him, and the Common-vvealth, out of places of authority in this County, and his placing in as Governors thereof, not onely Newters, but known Delinquents, yea, and particular­ly his making Col. Francis Wren the only man under him (as it were) to govern and rule this whole County, after his Excellency had caſhiered him in Scotland, for his unworthineſs and baſeneſs; and for your noble favours manifeſted unto me in the things deſi­red of you in this the day of my great diſtreſs and calamity, I ſhall be very much obliged in the preſence of my friends, whoſe names as witneſſes are hereunto ſubſcribed, to acknowledge my ſelf to be ingaged to remain