knowing â—ow fatal Cumberland Gaol Deliveries were to the innocent with much difficulty we obtained a Writ of Habeas Corpus cum causa which we delivered to Sir Henry Fletcher then high Sheriff and to whom we were prisoners therewith he acquainted Sir George Dalstin Sir Thomas Dacres Sir William Musgrave Knights Leonard Dikes William Briscoe Esq and other Justices of the Peace who diswaded the Sheriff from returning our bodies according to the tenor of the Writ and sent to London a Certificate that the reason of disobeying the Writ of Habeas corpus was for that we had committed Treason against the King in refusing the Oath of Supremacy But the Court being not satisfied granted us another Writ with a penalty Upon knowledge of this the Justices complained to the King being then at York how they had imprisoned us as dangerous persons and enemies to his Majesty desiring his direction and Warrant to try us for Treason the Habeas corpus notwithstanding but the King would not give any direction therein In the mean time the Assizes approached so they could not fit the Gâ—alâ—d livery At the Assizes Sir Robert Heath delivered the Goal and we being brought to the Bar Judge Heath declared the Justices could not enforce us to the Oath of Supremacy without a special Commission under the Great Seal yet gave Judgement of Premunire against us to forfeit Lands and Goods and imprisonment during life for no other cause then refusing to take the Oath of Allegiance upon a Book and gave the Sheriff direction not to suffer any to come at us and close imprisonment But upon the Treaty of a Peace betwixt the King and Parliament a little before Edgehil fight the Sheriff took security of us to appear upon the Habeas corpus at the Upper Bench Bar which we did accordingly and after was discharged by Order of the House of Commons Upon our return home the war and difference betwixt King and Parliament growing great and high Sir Philip Musgrave gave order to apprehend us again of which having notice I lest the Countrey and in my way was taken prisoner by one Bennet servant to Sir John Lowther a Commissioner of Array and Collonel for the King and three other charging me with a conspiracy and Treason against the King and Sir John Lowther from whom I made an escape but lost my Horse Sword and Cloak In the time of my withdrawing my Father Vaux offered 100 l. to any that could discover and apprehend me After with much difficulty I got into Scoâ—land and there I was threatned by Thomas Craistour for my non-conformity to the Scotish Presbytery that he would inform against me if I did not withdraw While I was in Scotland I discovered how John Barwis and John Hodâ—son pretenders for the Baâ—liaments â—aisse kept stoâ—es correspondency with Sir Patricius Curwin and Siâ— Wilfride Lawson then Commissioners of Array and in Arms against the Parliament and how Richard Barwis a Member of the House of Commons kept correspondency with Sir Richard Graham and Sir Edward Musgrave and other the known enemies of the Parliament All which I after made known to the Parliament but by Barwis faction or party in the House of Commons to hinder my prosecution I was committed by an Order of the House to the Fleet for a pretended contempt in refusing to answer Interogatories where I was kept close prisoner without any charge or other crime laid against me for the most part of two years Upon the difference betwixt the Parliament and the Army I refused no hazard to serve the Agitators who then acknowledged the service I did in promoting their Cause was acceptable to them and the Lord General Fairfax with â—is Councel of Officers sent to the Parliament to set me at liberty and that he expected I should have fitting reparations for my losses and imprisonment whereupon I was enlarged but never had any satisfaction for my losses and imprisonment to this day After this I made sundry discoveries of concealed Delinquents and brought into the publick Treasury more then 2000 l. for the undervalue of Sir Henry Bellingham's estate whereof the fifth part was due to me for which I have not had one penny my other discoveries amounting to above 10000 l. a great part whereof was secured by the sub-Commissioners who refused to certifie the same being required thereunto by the Commissioners for compâ—unding the other alledging the Commissioners for Compounding never intended good to the Common-wealth and so they would certifie no more to them and thus I was hindred from further prosecuting my discoveries till by the Act of Obâ—ivion the same were discharged after this I began to apply my self to my own private affairs having unprofitably spent my time wearied my self and wasted my means to do my country service while others by their beneficial places inriched themselves in the ruines of their country and falsifying their faith and trust In the mean time my father Vaux having setled his estate and lands upon his two sons in law Richmond and Graham while they were in actual rebellion against the Parliament to defraud me of my right amounting to above 2000 l. I being in my way from London died presently after Richmond applied himself to my mother blaming his father Vaux for his cruelty to her and her children professing all love and respect desiring as he pretended to come to a settlement faithfuâ—ly promising if upon my return home I disapproved what shouâ—d be agreed on no advanâ—age should be taken on either side but his meaning was far otherwise his intention being to circumvent her and strip her out of all as the sequel doth prove for the visible personal estate being valued to about 200 l. he and Graham divided it betwixt them under a colour that there was a debt of 200 l due to Mr. Heron of Chipchase which with great oaths and many assâ—verations he did aver to be true and that Mr. Heron had threatned to put the Bond in suit all which was forged and a lie for upon a Bill of discovery in Chamâ—ery Mr. Heron hath upon Oath confessed Vaux did ow him no such summe nor other debt Then Richmond intreated my mother to let him and his wife have liberty to lie in her house some time which she not mistrusting his guile gave way to him soon after I returned home to my mother she telleth me how her sons in law and daughters in law had used her and that the bond she gave Richmond and Graham was delivered with caution in case I disliked the agreement the same to be void then I caused her to take the locks off her Chamber which Richmond had set on and made a legal and peaceable entry to them for the widdow hath her quarantine which is the possession of the chief Mansion house for forty days and when the entry was made we had sundry honest neighbours to take view of what was in the room to avoid mis-reports and the next day I
I acknowledged the Lords goodness to me At the Westmerland Assizes justice Puliston as at Carlisle discountenanced the honest justices there and said openly upon the Bench he could own none for a justice but Col. Brigs against whom the Lord did witnes before night Brigs having overburthened himself with drink as he could not walk the streets without reeling and after some repose Brigs came to my lodging where he spent the whole night in swearing and excessive drinking among a company of Cavaleers but such things are no blemishes in our persecuting justices but when I come in particular to set down the malignancy and misgovernment of our justices made upon M. Howards recommendation to the Lord Protector I may have farther occasion to speak of this Gentleman But before I will farther meddle with our Country Magistracy I will finish my discourse as to Richmond This last Term upon my removing the indictment of perjury against me into the Upper Bench for the very same thing meerly for vexation hath he laid an information of perjury against me in the Capital Office for the mans malice hath no bounds to which I say no more if I be faulty in the least let me suffer with the highest transgressour but Richmonds dealings is no better towards other poor widdowes His fathers widdow by a wile he turned out of doors who being friendless was drawn to take a small annuity which he failing to pay broke the womans heart and she soon died This affidavit will discover his kindness to another widdow whose petition I have to present to the Lord Protector when a door shall be open to me together with Richmonds barbarous usage of one Halton the Minister of Kurbythure because a Roundhead and how he caried the man to York by vertue of his Commission of Array and how the poor man was brought by him to his grave will require a more large discourse The Affidavit of John Wambye in the behalf of Mary Bearson Widdow plaintiff Thomas Wilton and Henry Mesâ—s Defendants WHereas there was a reference made by Justice Puliston of the difference betwixt the Plaintiff and the Defendant upon the Defendants petition to Christopher Richmond Esq and Thom. Laton Esq two delinquents compounded which said referrees about the 20 of Septemb. last called the said parties before them and brought with them one Francis Sisson a Justice of peace in Westmerl Nephew to Edward Sisson who married Wiltons Aunt and guardian to the said Wilton being an aged decrepit woman about 80 years old Now this Deponent deposeth that he was present at Broughan upon the meeting of the said referrees and parties and upon the said widdow Pearsons seeming to decline the said reference the said Richmom began to give the said widdow very high and threatning language telling her if she would not submit to the reference she should never get any thing nor should have never any benefit of the law and for this Deponent who went thither with the said Pearson he threatned to have his nose slit and his ears cut off and threatned one Iohn Gowling to undo him because he was the widdowes friend and neighbour and other bad language the said Richmond gave then unto the said Gowling so as he well durst not or would not stay longer to be abused with the said Richmond and presently after the said Gowlings departure the said widdow Pearson was drawn by the threats and menaces of the said Mr. Richmond to submit to the order and award of the said referrees with the Vmperidge of the said Justice Sisson who ordered her for to take 25 shillings for her widdow-right and dower in a Tenement in Gulgath in the County of Cumberland and seal a release thereof Whereas her third part thereof was well worth twenty shillings by the year And this Deponent knoweth the said release was made by her through the threats and menaces of the said Mr. Richmond Sworn the 8 of November 1653. By John Wawbye John Page Therefore I will till a fitter opportunity forbear and proceed in order with our Country Justices of the peace in Cumberland and Westmerland And first with Cumberland whose names be Sir Wilfride Lawson Charles Howard William Briscoe John Barwis Henry Tolson Thomas Cholmley John Hudson Thomas Craister Tho. Langhorn Arthur Foster Lancelot Fletcher Captain Coulsey Sir Wilfride Lawson did take the treasonable Oath and Engagement called the E. of Newcastles Oath was a Lieuten Colonel in armes for the King caused one widdow Blaithwait to be carried in a Cart to Carlisle Goal and there imprisoned and first stript to her smock urging to Sir Phil. Musgrave that she came from the Parliament as a Spy Committed to prison one George Foxe to close Goal and procured an order from the Judges that none of his friends should visit him for no other thing then being a Preacher without ever laying any charge against the man to this day After an Injunction serves for setling possession Sir Wilfride Lawson some three moneths since put two of Sir Patritius Curwins tenants out of the possession of their houses and tenements and thereby the men were forced to submit to their Landlords will and pleasure after much money spent in setling their possession Sir Wilfride Lawson being Sheriff the last Summer Assizes at Carlisle refused to arrest Christoph Richmond upon a Capias ut legat at my mothers suit the warrant being delivered to him in Richmonds presence and his Fee tendered Sir Wilf Lawson and his under Sheriff will not though required return processes of Contempts as attachments and proclamations as for instance 3 proclamations at my mothers suit two attachments one at my own suit and another of priviledg at Mr Nelsons suit all returnable the last Term. Charles Howard a notorious delinquent though at Worcester he engaged against the enemy yet his brother supposed not without his privity betraid a great part of Mr Howards Troop to the Scots King with whom his brother went away and before Mr Howard came up to the last Parliament Sir Pat. Curwen and most of his projecting Cavaliers was at his House all night which the well-affected are jealous was upon some designe for the next day again they had another great meeting at Sir Patric-Curwens Castle under colour of a hunting Mr Howard used barbarous cruelty upon the body of the wife and daughter of Thom. Milb one of the witnesses examined to proue his delinquency by causing a Scottish Witch-finder so tearmed in his presence to strip the women and thrust great pins into sundry parts of their naked bodies to the amazement of the beholders the women being of good repute and never any charge brought against them Since the last Plot against the Lord Protector was discovered M. Howard hath listed one Berriswith to be one of the Lord Protectors Life-guard by the name of Hunt that he might not be known by the name of Berriswith he and his friends being so much declared enemies to the Parliament as Captain Thorp a
muster the men who appeared and appointed Officers and listed many men under his command and gave order for free quarter for his souldiers and that the Constables should levie moneys to pay for the horses he took in every place Thom. Milburn Tho. Bell of Farlam Anthony Heviside of Tawkin Secondly that the said Master Howard took ten horses for the said service in Hayton Parish and proportionably in other parishes within Gilesland according to the purvey Tho. Bell. Anth. Heviside Thirdly that the said Mr. Howard did declare openly at the said Muster that the men and horse so levied was for the Kings service and that he was to meet the Prince at Berwick Saturday the 19 of August following Tho. Milburn Tho. Bell. Fourthly the said Mr. Howard sent a letter to ten Cavaliers that had horse and armes quartering upon Leonard Hodgson Constable of Hartleburn in Northumberland that if they would ride in his Troup to Barwick as Reformadoes they should have command as the places fell and they should come to Francis Grahams of the Stone-house in Gilsland and thereabouts and they should have quarter till they marched to Barwick Leonard Hodgeshon Fifthly the said Mr. Howard repaired several times to the enemies Guarrison at Carlisle and walked abroad with his arms Richard Hutton Sixthly at two several Musters by Warrant the said Mr. Howard in the fiâ—st Article mentioned after the said M. Howard had made his Speeches to the Countrey his Souldiers drew their swords and cried a King a King Thomas Addison This charge was presented us and the several Witnesses to every Article proved the same and subscribed their names before us at Penrith the 1. of May 1650. Thomas Craister John Musgrave Jo. Bristoe Tho. Langhorn William Briscoe was a Committee man for the enemy advised the other Justices being most of them Commissioners for Array to commit Captain Crakanthrop and me for not taking the oath of Supremacy and advised the other Justices to disobey our Habeas Corpus When the Justices in open Sessions would have released one Nicholson committed by Col. Fletcher for refusing to take up Arms for the King against the Parliament Mr. Briscoe advised the Court not to do it without Collonel Fletchers directions whereupon the poor man was held in prison till the siege of Carlisle was over He is a great enemy to Sectaries so called and in his charge in Sessions called them worse then Papists requiring the Jury to present them and they would punish them That complaint being made to Mr. Briscoe against Edward Robinson a notorious Delinquent and one who articled against William Musgrave for delivering Iartlepool to the Parl. For forging a false Verdict against one Wil. Bâ—urbank and for levying monies upon that Verdict and other forgâ—ries Mr. Brisco would not punish nor displace Robinson for it but keeps him stil to be Clark of the honour of Penrith and Inglewood Forrest Courts Master Briscoe being learned Steward of the same Honours and Courts Complaints being made to Mr. Brisco for redress of a wrongful amerciament set upon Thomas Cason a tradesman for selling goods in Penreth being no Corporation and of the said Robinson for taking Casons cloath of good value from him would neither give order to redress the amerciament or Robinson to restore Casons cloth tending to the destroying of Casons trade and credit John Barwis to him I have little to say then what is said already onely he is known to be no friend to them they call Sectaries and would destroy us Henry Tolson he hath ever been a Neutral but known a Cavalier hath his heart and is no friend to the Parliament or Armies Friends Thomas Cholmley did take the Earl of Newcastles Oath sent ou Horse and Armes against the Parliament and was in Arms him self for the late King for his delinquency and malignancy deserted the former Parliament being a Member thereof At the Lord Protectors fiâ—st going into Scotland openly declared it was against his conscience to fight against the Scots and committed sundry to prison under the name of Sectaries and preachers Thom Craister a Commissioner for sequestrations got most of his estate by that imployment and being a Captain in Carlisle Garison declared it was against his conscience to fight against the Scots and laid down his Commission raised near ten thousand pound of Delinquents by way of Fines for which he never yet accounted for and without authority of parliament or the Lord General continues still a professed Enemy to all such as are called Sectaries or Independents and imprisoned sundry of them for their judgement Thomas Langhorn did take and subscribe the Earl of Newcastles Oath a great countenancer of Malignant Ministers as Master Baldine of Penreth who refused to pray for parliament and Army while the Scots had an Army on foot A petty Shop keeper very unfit for a Justice of Peace John Hudson against whom I have nothing to object if others have they may but as he tells me he will rather undergo a fine then take the Oath with others in Commission whom he cannot approve of Lancelot Fletcher is a stranger to me I never knew or heard he was any wayes active or appeared for the parliament but by his Cavalier friends lived peaceably at home when the Enemy was in power Captain Coulsey what manner of man he is I reâ—er to the Articles against Howard Arthur Foster a Delinquent and in Armes bo h in the first and and second War against the parliament arraigned for murther and â—ued out his pardon by means of Sir Richard Graham to whose family he is a retainer For the Westmerland Justices I shall be brief being not my business and should have been wholly silent if the honest and suffering party there had not been concerned therein Edward Briggs noted for his malignancy to the Armies friends and for his life and conversation I shall forbear to speak but very many ways unfit for that imployment and ignorant of the Laws and Statutes of this Nation Roger Bateman was so disaffected to the change of Government from Kingly to Parl. as for a long time he refused to be sworn a Justice very passionate and Strafford never more cruelly persecuted the Puritans then he the Sectaries Thomas Burton a notorious Delinquent was a Trooper under Sir Thomas Tildesly expressing his malignancy by drinking the Kings health the gross misdemeanors in executing of his Office while he was Justice of Peace the many quarrelsome and troublesome suits his oppressions and unwarrantable and illegal commitments his daily frequenting ranting Cavaliers company are all proved before the Commissioners for compounding and much more for which be was fined Fifty pounds and disabled to be a Justice of Peace And whereas it is said that his father was plundered by Sir Philip Musgrave it is known that his father was under Sir Philip Musgraves protection and voluntary without compulsion lent large sums of money to Sir Philip to carry on the War and if there was a