House of Commons Journal Volume 7: 15 January 1652

Thursday, the 15th of January, 1651.

Prayers.

Escape of Gen. Middleton.

THE Lord Commissioner Whitelock reports, from the Council of State, That Lieutenant General John Middleton Yesterday made an Escape out of the Tower: The Notice whereof was given to the Council last Night between Seven and Eight of the Clock, by the Lieutenant of the Tower: That the Council immediately gave out Warrants for Search after him, and Apprehension of him: And have also sent Letters for a strict Search at the Ports for his Apprehension there; and have also declared, in those Letters, That Two hundred Pounds shall be given to him, or them, that shall bring him to the Council: And do offer it to the Consideration of the Parliament, Whether they will not think fit to cause that Escape to be forthwith proclaimed by Sound of Trumpet, and a Command to all Persons to bring him in; with a Proposal of a Reward, if the Parliament shall so judge fit.

Resolved, That it be referred to the Council of State, to take this Business into their serious Consideration; and to make strict Inquiry into, and fully to examine, the whole Business, and in whom the Default was; with Power to remove the Persons in whom the Default was, from the Service of the State.

Prymat and Lilburne.

Mr. Hill reports from the Committee to whom the Petition of Josiah Prymat, of London, Leatherseller, was referred, the State of the Matter of Fact touching that Business; and the Evidence given in the said Business; and likewise the Proceedings of the Committee, upon the Order touching the Printing and Publishing of the said Petition.

Resolved, upon the Question, That the House do now proceed upon this Report.

The Question being put, That the Door be shut;

The House was divided.

The Yeas went forth.

So it was resolved, That the Door be shut.

Resolved, That the House do proceed first with the Civil Part.

And the House did proceed, accordingly.

Leave of Absence.

Resolved, That Mr. Whitaker have Leave to go forth.

Resolved, That Mr. Clement have Leave to go forth.

Resolved, That Sir Gilbert Pickering have Leave to go forth.

Resolved, That Mr. Marten have Leave to go forth.

Resolved, That Mr. Dormer have Leave to go forth.

The Petition, which was referred, was as followeth:

Prymat and Lilburne.

To the supreme Authority of this Nation, The Parliament of the Commonwealth of England;

The humble Petition and Appeal of Josiah Primat, of London, Leatherseller.

Sheweth,

THAT your Petitioner, by his Under-tenants, Geo. Lilborne Esquire, and George Gray the younger, Gentleman, both of the County of Durham, being in the Years 1647, 1648, and 1649, in a just and quiet Possession of the Collieries, or Seams of Coal, in Garraton, in the County aforesaid, called the Five-quarter and Nine-quarter Coal, and having spent near 2,000£. to win the same, which lay drowned and lost, from 1642 to 1647; Sir Arthur Haslerigg, in September 1649, procuring Colonel Francis Wren, one of the Committee of that County, and Colonel George Fenwick, to join with him, made an Order, against which the rest of the said Committee present protested, to sequester the said Collieries, under Colour of an untrue Suggestion, That Sir Wm. Armyne had sequestred the same in 1644, as belonging to one Tho. Wray, a Papist Delinquent: And, thereupon, the said Sir Arthur violently dispossessed your Petitioner's Tenants, and seized their Goods; and lett the said Collieries to Colonel Francis Hacker, and several of the Officers of his own Regiment.

That your Petitioner hath petitioned to the Commissioners for Compounding, for Relief; but, by the Power and Influence of the said Sir Arthur upon most of the said Commissioners, your Petitioner hath been delayed, and denied the ordinary Course of Proceeding in all Courts of Justice: And at last, coming to Hearing, the said Sir Arthur appeared every Day of the Hearing; and took upon him, not only to plead against your Petitioner, which is humbly conceived to be contrary to Law, he being a Member of the supreme Authority, but also, authoritatively, to prejudge your Petitioner's Case, and to direct the said Commissioners what to judge therein; and, by his Power and Influence upon the said Commissioners, he over-awed most of them: And, after full Hearing, Judgment being respited from Day to Day, the said Sir Arthur kept private Correspondence with some of the said Commissioners, about finding some new Colour or Pretences to detain your Petitioner's Possession from him: Whereupon he produced new pretended Evidence, after full Hearing; and thereupon, the major Part of the said Commissioners, not daring, as is humbly conceived, to oppose the Will and Pleasure of the said Sir Arthur, have, contrary to clear Evidence before them for your Petitioner, refused to relieve him; and have punctually pursued, in their Judgment, the Direction publickly given by the said Sir Arthur.

Prymat and Lilburne.

That, the said Commissioners being the only Persons authorized by the Parliament to hear and determine all Cases about sequestered Estates, your Petitioner cannot be relieved from the Oppression and Tyranny of the said Sir Arthur, save by the Parliament, or their special Order and Direction: And your Petitioner hath been kept from his Possession above Two Years: And the said Sir Arthur hath declared the said Collieries to be worth, at least, 5,000£. per Annum.

May it therefore please the Parliament, in respect to the publick Justice of the Commonwealth, To cause the Truth of the Premisses to be speedily examined; and to provide for your Petitioner's Relief from the Oppression and Tyranny of the said Sir Arthur Heslerigg, and for the Dispensation of Justice, without Fear or Favour; as to your Wisdoms shall seem most just.

And your Petitioner shall pray, &c.

Joseph Primatt.

Resolved, That the Parliament doth approve of, and affirm, the Judgment and Resolutions of the Commissioners for Compounding, in the case of Josiah Prymate.

In the next place the House proceeded with the Matter of Crime charged in the Petition.

And the Question being put, That this Part of the Petition, viz. "That Sir Arthur Hesilrig, in September 1649, procuring Colonel Francis Wren, one of the Committee of that County, and Colonel George Fenwick, to join with him, made an Order, against which the rest of the said Committee present protested, to sequester the said Collieries, under Colour of an untrue Suggestion, that Sir Wm. Armyn had sequestered the same in 1644, as belonging to one Thomas Wray, a Papist Delinquent;" appears to the House to be proved to be true;

That passed in the Negative.

The Question being put, That this Part of the Petition, viz. "That Sir Arthur Hesilrig did, thereupon, violently dispossess the Petitioner's Tenants, and seized their Goods; and lett the said Collieries to Colonel Francis Hacker, and several of the Officers of his own Regiment;" appears to the House to be proved to be true;

It passed in the Negative.

The Question being put, That this Part of the Petition, viz. "That, the Petitioner having petitioned the Commissioners for Compounding for Relief, by the Power and Influence of the said Sir Arthur upon most of the said Commissioners, the Petitioner hath been delayed, and denied the ordinary Course of Proceedings in Courts of Justice;" appears to the House to have been proved to be true;

That passed in the Negative.

The Question being put, That Sir Arthur Hesilrig hath committed any Crime, in appearing every Day at the Hearing of the said Cause, and speaking there on the Behalf of the Commonwealth;

That passed in the Negative.

The Question being put, That that Part of the Petition, viz. "That Sir Arthur Hesilrig did, authoritatively, prejudge the Petitioner's Case, and direct the Commissioners what to judge therein; and, by his Power and Influence upon the said Commissioners, he over-awed most of them;" appears to the House to be proved to be true;

It passed in the Negative.

The Question being put, That this Part of the Petition, viz. "That, after full Hearing, Judgment being respited from Day to Day, the said Sir Arthur kept private Correspondence with some of the said Commissioners, about finding some new Colour or Pretences to detain the Petitioner's Possession from him: Whereupon he produced new pretended Evidence, after full Hearing;" appears to be proved true;"

It passed in the Negative.

The Question being put, That this Part of the Petition, viz. "That, thereupon, the major Part of the said Commissioners, not daring to oppose the Will and Pleasure of the said Sir Arthur, have, contrary to clear Evidence before them for the Petitioner, refused to relieve him: And have punctually pursued, in their Judgment, the Direction publickly given by the said Sir Arthur; appears to this House to have been proved to be true;

It passed in the Negative.

The Question being put, That it doth appear, that Sir Arthur Hesilrig is guilty either of Oppression or Tyranny in the Carriage and Prosecution of this Business;

It passed in the Negative.

The Question being propounded, That this Petition is false;

And the Question being put, That the Word "malicious" be added to this Question;

It passed in the Affirmative.

The Question being put, That the Word "scandalous" be added to the same Question;

It passed in the Affirmative.

Resolved, That this Petition is false, malicious, and scandalous.

Resolved, That the Printing, Publishing, and Dispersing of this Petition, both before and since it was preferred to the Parliament, is an high Breach of Privilege of Parliament.-

Candles.

Resolved, That Candles be brought in.-

Resolved, That all the printed Copies of the Petition, intituled, "The humble Petition and Appeal of Josiah Prymate, of London, Leatherseller," be burned, by the Hand of the common Hangman, at the Old Exchange, London, and in the New Palace, Westminster, on Tuesday and Wednesday next: And that the Sheriffs of London and Middlesex do take care, that the same be done accordingly.

Resolved, That the Fine of Three thousand Pounds be imposed upon Josiah Prymate, of London, Leatherseller; to be paid to the Use of the Commonwealth.

Resolved, That the said Josiah Prymatt be likewise fined Two thousand Pounds more; to be paid to Sir Arthur Hesilrig, for his Damages.

Resolved, That the said Josiah Prymatt be likewise fined Two thousand Pounds more; to be paid unto James Russells, Edward Winslow, Wm. Molins, and Arthur Squibbe, Esquires, Four of the Commissioners for Compounding; that is to say, to each of them Five hundred Pounds, for their Damages.

Ordered, That the said Josiah Prymatt be committed to the Fleet; there to remain a Prisoner, until the several Sums aforesaid be paid.

Resolved, That the Serjeant at Arms attending this House, do apprehend the said Josiah Prymate, and bring him to the Bar of this House, to receive the Judgment aforesaid, upon Tuesday next: And that Mr. Speaker do direct a Warrant to the Serjeant at Arms, accordingly.

The House proceeded against Lieutenant Colonel John Lilburne; who confessed, at the Bar of the Parliament, on the 23th of December 1651, that he did disperse divers of the printed Copies of the Petition of Josiah Prymate, of London, Leatherseller.

Resolved, That the Fine of Three thousand Pounds be imposed upon Lieutenant Colonel John Lilburne; to be paid to the Use of the Commonwealth.

Resolved, That Lieutenant Colonel John Lilburne be also fined Two thousand Pounds; to be paid to Sir Arthur Hesilrige, for his Damages.

Resolved, That Lieutenant Colonel John Lilburne be likewise fined Two thousand Pounds; to be paid unto James Russel, Edward Winslow, Wm. Molins, and Arthur Squibbe, Esquires, Four of the Commissioners for Compounding; that is to say, to each of them Five hundred Pounds, for their Damages.

Resolved, That Lieutenant Colonel Lilburne be banished out of England, Scotland, and Ireland, and the Islands and Territories thereunto belonging; and not to return into any of them, upon pain of being proceeded against as a Felon; and, in case of such Return, shall suffer Death, accordingly.

Resolved, That Lieutenant Colonel John Lilburne do depart out of England, Scotland, and Ireland, and the Islands and Territories thereof, within Thirty Days, now next coming: And, in case the said John Lilburne shall, after the said Thirty Days, be found within England, Scotland, or Ireland, or the Islands and Territories thereunto belonging, or any of them, the said Lieutenant Colonel John Lilburne shall be proceeded against as a Felon; and shall suffer the Pains of Death accordingly.

Resolved, That the Serjeant at Arms attending the Parliament do apprehend the said Lieutenant Colonel John Lilburne; and bring him to the Bar of this House upon Tuesday Morning next, to receive the Judgment of Parliament aforesaid: And that Mr. Speaker do direct a Warrant to the Serjeant at Arms, accordingly.