John Lilb Tried and Cast, Trial (2 of 2)
After this there was another day appointed for the payment of the 3000 l. but by reaſon of the great rain which fell, and the rivers riſing ſo high, they were hindered of meeting at that time. Immediately thereupon, or very ſhortly after, Maſter Lilburn and Mr. Gray went both to London, and made ſome pQuisquis ditatur rapidos miluos imitatur.agreement with the ſaid Comadale, for the eighth part as they pretended, but nothing was ſhewed to make it good: And coming downe in June following, they qCallenuceus tels us of a noble man of Naples that was wont prophanely to ſay, he had two ſoules in his bodie, one for God, and another for whoſoever would buy it. Theſe men by their practice, ſeem'd to be of his opinion, they will venture the loſſe of one ſoule come what may come, to enrich themſelves and deceive the State.entred into, and poſſeſſed themſelves of the whole Collierie, and it hath been wrought by them ever ſince to their uſe and benefit.
Now for as much as it plainly appeared unto the Committee, that the Collierie was ſequeſtred by Sir William Armine in the yeare 1644. and had been. ſolely in the poſſeſſion of Mr. Wray, and his Agents three years before, and that it was let by the Committee of Sequeſtrations, in the yeare 1645. and no man had claimed any right or intereſt in it, untill Mr. George Lilburn and Mr. George Gray, two of the Committee poſſeſſed themſelves of it: And that there had been no order made either by the Lords and Commons for Sequestrations, nor the Committee there; nor that there had been any authority for the diſpoſſeſſing the ſtate of their Intereſt, and that Mr. Wray a Recuſant and Dilinquent, was uncapable of compoſition: the Committee ordered Auguſt 13. 1649. That the ſequeſtration ſhould be continued upon the ſaid Collierie, for the uſe of the State, and that all thoſe who have had any uſe or profit of the ſaid Collierie, ſince the ſame was ſequeſtred; ſhould forthwith make rThey write of the Partridg, that ſhe will ſteale the eggs of other Birds, and the young ſhe never hatched; but ſoon after the true mother cals them away from the theeviſh Stepdame, & they all (being flag and can fly) leave her mourning, and calling, when they are gone. Thus ſhe that had many running after her for a time, by & by hath none at all. Here the proverb is true, All covetous, all loſt.their accounts, &c.
Upon the making of this Order, Mr. George Lilburn ſitting at the Committee (and being one of the Committee) immediately deſired a moneths time to make his title good; the which being granted, he went thereupon to London, and by the day appointed, brought with him one Mr. Levit, and Mr. Joſiah Primate, who being required by the Committee to make good their Title (they and their Councel being put upon it to ſhew what title they had to the ſaid Collierie) affirmed by their Councell that Mr. Wray had gotten their Evidences, and would have had the Committee to have compelled him to have produced his title. But the Committee replied, the matter was of very great concernment to the Common-wealth (the Collierie being worth 3000 l. per annum) and that Mr. Lilburn had made of it, after he had put the State out of poſſeſſion, at leaſt 15 l. per diem, for a year together, as they were informed by thoſe that knew it well: And therefore durſt not be ſo falſe to their truſt, as when the State had been in poſſeſſion above three yeares, to produce Evidences to diveſt the State: Beſides, what they deſired was ſuch a thing as was never heard or granted in any Court, that a Plaintiff which ſued for a poſſeſſion of land, ſhould deſire the Defendant to make him a Title to out himſelfe. Therefore if Mr. Wray had gotten their Evidences into his hands, their way was plaine, to exhibite a Bill in Chancery, and there they might compell him to produce his Evidences in a legall way.
For concluſion, whereas it did not appear to the Committee, that either Mr. Lilburn, Mr. Levit, or Mr. Joſiah Primate would, or then could produce any Evidence in the leaſt, to overthrow or weaken Mr. Wrayes Title (he being then preſent, and holding his Evidence in his hand, ready to make it good) but that the right of the whole Collierie was clearly in him: They confirmed their former Order (as in point of law & conſcience they could do no leſſe) and afterward let the Collierie for the benefit and uſe of the Common-wealth; and deſired that Mr. Lilburn and Mr. Grey might be called to accompt for the profits of the ſaid Collierie, they being aſſured that great ſumms ſWere not theſe faithfull men to the State all the while, and fit to be of the Committe for Sequeſtration, that they would take into their poſſeſſion a thing which they knew was ſequeſtred before; and that the Common-wealth had an intereſt in it; honeſt men being as they were, emploi'd by the State, would have been aſhamed to have medled with that Collierie.of money were in their hands, due to the publick, they never having paid a penny.
Thus wee have moſt faithfully ſtated the caſe. The Law ſaith Proffes tProbationes debent eſſe luce clariores l. ſcant.ought to be clearer then the noon day. What we have here aſſerted, is not upon uTeſtes ſingulares non probant.ſingle teſtimonie, or xTeſtes deponens de auditu non probat. Teſtes debet deponere per Corporis ſenſum, & non judicium in tellectus. l. Teſt. c. & l. qui Teſtem. Sect. Am. A. de Teſt.Witneſſes ſpeaking upon heareſay, or what men have thought and imagined, but what many perſons, and upon oath, have largely and clearly teſtified.
Moreover, we finde by a Copie of a Petition, atteſted by Mr. Vaughan, exhibited to the Lords and Commons for Sequeſtration, by Capt. Franc. Swain on the behalfe of himſelfe and others, the Creditors of the ſaid Thomas Wray, that the ſaid Wray, was legally poſſeſſed, for many yeares yet to come, under ſeveral Grants, from Sir John Hedworth deceaſed, of the Collierie of Harraton, charged by the ſaid Sir John Hedworth with 2000 l. debts, which Mr. Wray was to pay, and had the Collierie conveyed to him to that purpoſe.
But what for the diſcharge of thoſe debts (Wray being conſtrained to borrow money of other men) and the times then being troubleſome he loſt the uſe of the Colliery: beſides being a *Quere, Whether Mr. Lilburn had not more Reaſon to feare loſſe & puniſhmēt, knowing his treacherous deſign againſt the State, then this man knowing himſelfe a Papiſt.Papiſt, he knew if he ſhould win and worke the ſame, the Coals woud be Sequeſtred. Whereupon he treated with Mr. Lilburn and Mr. Grey, two of the Committee, who had a great yIt ſeemes they had a great deſire to the Collierie, for otherwiſe they would not have taken ſo falſe an Oath as they did before the Commiſſioners of Compounding: Namely, in charging the Committee of the North, as that they refuſed to doe ſo and ſo, which was prov'd to be falſe, and Lilburn and Grey foreſworne. So that it's a true ſaying; In nullum avarus bonus eſt, in ſe peſſimus. Chryſoſt.deſire to to the Collierie, and by cunning deviſes ſought to defeat both Wray and the Common-wealth thereof: As the event ſhewed it to the full. But to proceed, upon Treatie they agreed to give Mr. Wray about 5000 l. though it was worth 16000 l. But it ſeemes this was onelyonly pretended, and no way meant, for preſently they compounded with one Commondale, who had but ſome ſmall part thereof (and that very queſtionable) nevertheleſſe, upon pretence of that little, they boldly entred into the whole, and poſſeſſed the ſame, and ſo through fraud and deceit, defeated both the Common-wealth and the Creditors of their juſt right and due: Wherefore they humbly prayed that both Mr. Lilburn and Mr. Grey might be warned to appeare and anſwer, &c.
It is ſaid ofzClement: Alex: in Protrept. Praxitelles the Painter that he made the ſilly people worſhip the Image of his Strumpet, under the title and pretence of Venus. There are ſeverall Pamphlets publiſhed under the name of John Lilburn, concerning the Colliery in Harraton, wherein we may ſee for all the world, the like practice, even fraud, oppreſſion, covetouſneſſe, (the crafty inventions of his own brain) cryed up and pleaded for, under the name of righteouſneſſe, honeſty, juſtice: and the ſimple who believe every thing, are apt to give credit and truſt to it.
The Caſe being ſo clear, and fully laid open before the Commiſſioners for compounding, by Mr. John Reading, Counſellour for the Common-wealth: and they having likewiſe heard whatſoever could be ſayd by Counſel, on the aIt hath not been knowne in any caſe of this kinde, a more full hearing then this had, as to what could be ſaid, by Primate and his Councel to the full. And this Maſter Lilburn well knowes, though he have publiſhed the contrary.behalfe of Primate, Lilburn, and Grey, gave their judgement upon it, thus.