A Copy of a Letter Written the third of Sep­tember 1651. by John Hedworth of Harraton in the County of Durham Esquire, unto John Dodg­son Constable at Harraton, John Lax a Leader of Coles there, Steven Pattason a Stathe-man there, Ralph Hinderson a Leader of Coles there, Robert Vickars Overman there, Thomas Rutlas a Digger of Coles there; and to all other Workmen whatever, that belong either to the Colepits, Stathes, or Keels of Har­raton Colliery.

NEighbours all,

Though I have never but dealt Neighbourly with you all; yet divers of you have dealt otherwise with me: and yet before I take that course against you that both nature, Law, and reason will afford me: I cannot but hereby un­der my hand acquaint you, That per advice upon Saterday last was 7 days, being the 23 of August 1651. I went to James Liddall your Steward or O­verseer, and in the presence of Richard Lilburn Esquire; Lieut. Col. John Lilburn his son; and Mr. Richard Grey my brother in Law; And told him, That Sir John Hedworth deceased, my Fa­ther, was Lord, Owner and Proprietor of the Mannor of Harraton, and all the Colemines there­unto [Page 2]belonging; which were now Legally and justly descended unto, or upon me, as his Eldest Son and Heir: and being of late fully attained to the age of 21 years, I could not in silence suffer my self any longer to be deprived of my Right and Inheritance by will and power. And therefore I told him that he as Steward, set workmen at work upon my Cole-mines, against my will and minde; and it must be under the pretence of a Lease belonging to Mr. Josiah Primate, or to Mr. Thomas Wray; but whether of them had the most right to the said Lease, it was not much materiall to me now. But sure I was, that by both their leases (under one of which the (I am sure) present posses­sors claims) there is a rent reserved of 40 s per week to be paid to the said Sr. John Hedworth my father, or his heirs, for their House-keeping, in case there be so many Coles wrought as amounts to so much money; with a clause of Re-entry upon the said Colliery for the said Sir John Hedworth and his Heirs, in case of non-payment of the said 40 shil­lings a week rent. And I further told him, I was therefore in a fair and friendly way come unto him with these my friends, as may witnesses, to demand of him my said 40 shillings rent for the last week, and forty shillings per week for all the rest of the weeks arrear, ever since his Master Sir Arthur He­silrig, or any other of his Masters wrought them: And in case immediate payment thereof was not made, I would make a formall seizure of the said [Page 3]Cole-mines, and discharge all Persons whatsoever from working thereof. And in case they would not cease, I would do my best (as by Law, equity, and Reason I might) to sink the Keel, and break the Ginns that should endeavour to work and car­ry away my Coles, seeing my Tenants could have no Legall fair proceedings, either from Sir Arthur, or the Commissioners above; and therefore as a Civil man, desired him to go to his Master Sir Ar­thur Haslerig, or to Major Tolhurst, or whom else he pleased, and acquaint them with so much, that so in a fair way I might have paid unto me without de­lay my said Rent, and all the Arrears thereof since they wrought my Colliery, which is now about two years: And he taking his horse that day, and riding off the ground; At night the same day I re­paired again to the said James Liddall your Stew­ard, accompanied with my Uncle, Master Ralph Rocksby, and my Brother Master Richard Grey, and de­manded his answer; which was, That he had been with Major Tolhurst, who had authorized him to tell me, That he would pay me no Rent at all, but that I must seek it where I could get it; and being denied my own, the aforesaid Saturday night, I discharged all the work-men I could meet with, and commanded them at their perils to cease to meddle in any kinde with my Cole-mines, without my express leave and consent.

And carrying a tender regard to the peace and welfare of my Native Countrey, now invaded by [Page 4]robbers and strangers. And for avoiding as much as in me lay the just occasion of raising any tumults that might seem to have the face of my advantage to our publick enemies (the aforesaid invadors) I was as sparing as could be in doing of that which was necessary for me to do, in order for regaining my own right and just inheritance, which hath bin by force and violence taken from me and my Te­nants, and to this day as unjustly detained from us both, without the least shadow or colour of Law or Justice (as my true friend and Counsellor Lieu­tenant Collonel John Lilburn hath fully proved in his Epistle to four of the Commissioners for Com­pounding, sitting at Haberdashers Hall at London, dated the 30 of July 1651, a Printed Coppie of which I herewith send you for your serious peru­sall) and therefore with an Hatchet, I onely cut two of the Ropes that drew up the water; and the next day being Sunday, came five men in the habit of Countrey men (and so calling themselves) with great Cudgels in their hands, pretending they came to keep the States right; but yet afterwards the aforesaid Liddal, your chief Steward, and one Richard Gillary, another of your inferiour Stewards, or Overseers, told me, and some of my friends, that they were Soldiers, and of the said Major Tol­hurst own Company. And further, the said Liddall told me, in the presence of my aforesaid Uncle and Brother, That the said Major Tolhurst told him, that I must not strive with him for the Collie­ry, [Page 5]unless I could bring thirty thousand men by force to take it from him. And upon Monday af­ter, being the 25 of August 1651, Ralph Hinderson, Stephen Pattason, and others, were leading of my Coles, which by my authority were discharged from leading thereof by my Father in Law Master George Gray; and did all accordingly cease; but there being since an addition of six Soldiers armed with Pistols and Swords, said to be of the said Major Tolhursts own Company; but yet produced no Commission under any mans hand (but absolutely denying that they have any such) but onely act by the verball (and unwarrantable) order of the said Major, a man that hath no power nor authority at all to command them hither: And yet like men subject to no Law, Rule or Government; by their wills, Swords and Pistols, they assume unto them­selves a power to set a Guard upon my Colepits both night and day (after I am violently robbed of almost threescore head of my Cattel, and a great part of my Land of Inheritance by Sir Arthur Hasle­rig and the Commissioners of Sequestration) and threaten, beat, most shamefully abuse, nail up the dores, force quarters from, and compel several of my friends and neighbours to yoke in their Hor­ses and Oxen into Wains and Carts, and to lead my Coles; nay, and have come to my self, and have commanded, and violently hindered me to lead my own Corn, and would produce unto me no written Commission or Order they had from any [Page 6]man so to do, although I earnestly demanded it of them: Upon which I yesterday, being the second of September present, repaired to Durham to Collo­nel Francis Wren, and Master Thomas Dallivel, Com­missioners for Sequestration for this County, and in the presence of my said Father Grey, and his Son Master George Grey, acquainted them herewith, and desired to know of them if the said Soldiers had their Order for comming to the said Harraton, and using me as they do; and they both averred they had none of theirs, nor they never heard any thing of it, untill I told them. In which regard, I have no other ground at all, but to look upon the said pretended Soldiers (as a company of desolate per­sons, sturdy rogues, theeves, and robbers) and as such most fit by the Civil Magistrate to be appre­hended, and clapt in Goal, there to be kept untill they receive a Tryall for their lives, which I shall endeavour to do, to the utmost that Law will ina­ble me; but in the interim I desire you at your pe­rils (unless they produce you a Legall and written Commission, or order under some Hand or Hands legally authorized thereunto, to Quarter upon you, and command you as they do) That you no longer entertain them upon my ground, which Order I am sure of it must be under two of the Commissioners hands of Sequestration, none else in this County having any power to pretend to send Soldiers to me, by violence to keep my estate from me, being neither Papist nor Delinquent; and [Page 7]I am sure of it, Sir Arthur Haslerig at most is but one Commissioner (if that) and his Major Tolhurst none at all. And therefore his written Warrant is no ways to be obeyed by you; who are no way under his Jurisdiction, Put however, what writ­ten Warrant is sent unto you from any hand what­ever, I desire to see it, and to take a Coppie of it. And I further advise you upon sight hereof, for your own safety, That you repair to Sir Arthur Ha­selrig himself, and acquaint him with all passages, and desire to know whether he will justifie that he hath given a written Order to his Soldiers to come to Harraton, and to do as they do; and if he say no: then do you desire him to send for them as prisoners, and severely punish them according to Law and Justice, and all those that have so unwar­rantably sent them: And also that you repair to Major Tolhurst, and tell him what is done, and know of him whether he sent them, or no, and wil justifie it; and in default of satisfaction from him, repair to the said Comissioners, and demand of them their pleasure in the thing, as also their Or­der to command them away. And I further warn you; and every of you, without a written Order from some Legall Magistrate or other; meddle nor make not with (upon any verball command from a­ny power whatsoever) to digg any more of my Coles in Harraton Colliery, to draw them, or any water out of my Pits, to throw them on the banks, lead them to the Water side, or any other places [Page 8]whatsoever, to carry any of them away by Keels, Lyters, Waines, Carts, or any other means what­soever, at your utmost peril of being apprehended by me, according to Law, as Theeves and Rob­bers of me, of my goods and Chattels: And ha­ving all other extremities exercised towards you, that the Law will afford me to inflict upon you, or any of you.

And this I send you on purpose to forewarn you of your own danger, and to leave you without the least excuse, both before God and man.

John Hedworth.
Witness
  • Richard Lilburn
  • John Lilburn
  • George Grey
  • Ralph Grey.

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