them off made gatherings were fully resolved to make their sword their Judge if the King would not confirme their liberties the King by his Espials understanding the increase of their powers knowing to his restlesse trouble the unwilling subject oÌ„ of the English to slavery being a very politike fair spoken Prince did wind himself into their good opinious so far as they laid downe their armes and he for his part fearing to lose the Crowne with shame which he had got with effusion of so much bloud gave his oath to observe and inviolaby to keep the ancient lawes of the Land especially the lawes of King Edward the Confessor which as the event proved he little meant to do it Peace being thus established and the Kings oath received the English Armies disband themselves as dreaming they had arived at the haven of their wished desires and hoping the greatest stormes of their dangers had beene over and past which presently proved but a dreame indeed a vain surmise For KiWilliam working upon advantage began extreamly to hate the Rebels so were they then called that affected liberty and with full resolution of their distraction suddenly set upon them apart which he durst not doe being united and in a body So that slaying many imprisoning others and persecuting all with fire and sword well was hee that could first be gone K. Stephen his son used the like policy to confirme the English unto him against his elder brother Robert of Normandy promising he would reform the over-heard lawes of his Predecessors and mollifie the extreames therof to the peoples own liking under his Seale and Charter and by his Charter did a on firme and restore the ancient lawes but those immunities saith my Author he granted rather to cleere their eyes then with any purpose to manacle his own hands with such parchment chains much like hath ever bin the event successe of Court wars where the making of new parties factions without destruction of old friends we cannot be received trusted by old Enemies These say the French be the blowes of the old art of fencing at this Game England is become very skilfull and is not to learne For how often hath Magna Charta by Oaths by Kings by Parliaments bin confirmed but what fruit have the people over received thereby how many bloudy battels have been of late fought crowned with victory for regaining Englands liberties But after all this are we the more free Never more Oaths Vowes Protestations and Covenants have been contrived made and taken for doing impartiall Justice and bringing the Enemies to condigne punishment yet the out-cries for justice never so loud so long oppressions exactions and boldnesse to offend so never great so generall We are made more miserable and wretched in seeking and wayting for Justice then by the Enemy in oppressing and destroying illegall coÌ„mitments and long imprisonments of the High-Commission Scar-chamber and Councell-Table Sir Peter Temple a Parliament man did most cruelly beat one for asking 25. l. which he owed him f r Oates for his horses but as yet none other payment then blowes hath the honest man had were never so many so frequent as by our Lords and Committees of late betwixt Prorogative and Priviledge we are broken as Corn in a Mill yet I confesse never did I heare the King did ever beate or assault any for demand of a just debt as some Parliament men have done their poor Creditors for asking or rather petitioning for their owne as for the capitall Enemies of the Kingdome Viâ—â—aâ—oâ—s of our lawes perverters of justice and destroyers of our liberties and such as have been declared Traytors or so farre from being brought to the â—eate of Justice as that they are not only permitted to walke in Westminter Hill in their silkes but are preferred to the highest places of honour command and au hority in the Common-wealth though wee have our â—â—â—ses chambers and studies broken up and searched for preâ—eâ—ded Pamphets bookes and writings and our selves and wives and servants cast 〈◊〉 prison before any legal charge or conviction yet cannot wee bee heard against the common Enemies of the Kingdome nor have them â—â—ought in to answer our legal charges exhibited against them confesse lybelling against any private person or against a Magistrate or other pubâ—â—â—e person is a great offence deserves severe punishment For though the Lybell be but against one yet doth the same provoke all of the same â—â—â—â—ly kindred or society to revenge and so consequently causes quarâ—â—s breach of peace and oftentimes much bloud shed and other great inconveniencies if the Lybell be against a Magistrate or oâ—her publique person the offence is the greaâ—er But ballad mongers take liberty to sing Lybels against King Parliament in open streets yet unquestionâ— For as learned Cook saith that concerneth not only the breach of peace but is a scandal of the government For saith Cooke What greater scandal of the government can there be thâ—n to have wicked and corrupt Magistrates to be appointed and deputed to govern the people greater imputation to the State cannot be then to suffer such corrupt men to sit in the sacred Seate of Justice or to have any medling in or concerning the administration of Justice Therfore it is not to the purpose saith Cook whether the Lybel be true or the party against whom it is made be of good fame or evill for in a fetled State of Government the party grieved ought to complaine of the injury or wrong done in an ordinary course of Law and by no meanes to revenge himselfe especially by that odious course of Lybelling that passionate expression on of Iob the Mirrour of patience But in Parliament time men have no other way to make knowne their grivances when petitions be rejected but by publishing the same in print By Lawsons indirect meanes being then high Sheriffe and H. Pearson his under Sheriffe a Delinquent sir Wil. Armyns son was returned Sheriffe of the Shire for Cumberland when he was libelled against may she how forceable libelling is to provoke impatience and make contentioâ— and stirre up strife they were saith the children of sooles yea children 〈◊〉 base men they were viler then the earth and now I am there song yea 〈◊〉 am there by word Iob 30. v. 8. 9. out of this moral consideration the Râ—mans made an excellent Law for preventing this manner of lybelling 〈◊〉 odicus to all men and pernicious to the State that without any danger â—ven one of Romes Senate might be accused by any private man and if hâ—â— proved the charge he received a reward otherwise severely punished Bâ—â— the defamer or lybeller was to be banished by which law of liberty loâ—â— the Romane State flourished But for want of this liberty from libelling the Republique of Flâ—rencâ— fell into factions and soone was its ruine felix quem faciunt aliena pâ—tisâ— la cautum such a law to England would be
profitable if duly executed but alas through the prevalencie and potencie of some in authority is become now lesse dangerous to act the treason then to discover or aâ—cuse the traytor For instance Sir William Armyn who hath by indirect meanes an illegal choyce got his sonne a beard lesse boy to be brought into the honouâ—rable House of Commons was so bold as to tell Lieut. Col. Beacker thâ—â— if he appeared or acted against that grand traytor Lawson it would undeâ— him hinder his preferment and thereby lose all his friends in the Houâ—â— of Commons And Mr. Barris a Member of your House sent his man into our Couâ—trey and caused by him or through his meanes to be read in publike aâ—semblies that whosoever would deny their subscriptions with us againâ—â— Lawson should not be punished I know a Yorkshire Gentleman that waâ—ted upon the House of Commons more then half a year with a charge 〈◊〉 discovery of the treasonable practises and great oppressions of Mr. Thâ—â— the Lawyer amongst many other his wicked practises against the Parliament and his Country this Lawyer first by perswasion then by threat attempted to have got Sir Iohn Hotham to betray his trust and to her delivered up Hull to the Kings party But upon Sir Iohns refusall Mr. Thorpe caused that then deservinâ— Gentleman that Sir I. H. had retained still his integrity to be proclaimed Traytor by a Harrolds at Armes but not a Yorkshire Gentleman of thâ— House would present the same now Mr. Thorpe is a Parliament man 〈◊〉 in the House of Commons in that great Councel unquestioned untryed no man may sit in your House unlesse he take your Covenant but if Covenant-breakers were put to death as of old in Israel many of the great â—â—geâ— thereof would not escape in all this I blame not the House but some â—â—rupted Members thereof that falsyfie and betray their trust and as much as in them lies seeke the destruction of that House and their Countrey it â—â—reth with that honourable house as of old with King Antiochus who being hunting on a time in pursule of his game he strayed from his company and Courtiers and so was inforced to take up a poor mans Cottage for his Inne as the King sate at supper with his Country Host and his poore people he began to discourse with them concerning the Kings government whereupon the poor people replyed that Antiochus was of himself a very good King but he committed the mannaging of his affairs as his friends and Courtiers who were ill men himselfe meane while out of his over-much love to hunting negligently omitted necessary things whereby his people were oppressed and things ill governed the King for that time held his prace but the next morning when his Guard and Courtiers had found him out at the Cottage bringing him his purple Robe and Crown the King thereupon said to his Courtiers from the â—y I first received my Crown I never heard true speeche of my self beâ—â—â— yesterday if that honourable house did hâ—â—e what the poors of the â—â—â—ntry yea and in all other parts speak of them they would say no other 〈◊〉 Antiochus did and would follow the advise of Thâ—opomâ—us who being demanded by what meanes a King might safely hold his Kingdome replyed if he gave his friends free liberty of speech and avenge the iâ—â—â—â—ies and wrongs done his people for that the latter can never bee well performed without granting of the former Now the Kings friends be those no other of what sect or religion soever they be indeed non can be enemies to the Parliament whether Covenantors or non-covenantors Presbyterians or Independents so they bee friends to peace and lovers of justice and their country from this cousideration I could wish our honourable Parliament Lords and Commons â—â—o are semented together into one body would with Anâ—â—nine that good Emperour allow free exercise of Religion to their friends as the wise and now flourishing States of the Netherlands doe and in doing justice impartially for Justice now of late stands a far of and is become a â—â—â—anger in our Land would imitate Romes liberty testore Brutus who for â—is peoples safety and preserving their liberties chosed his owne two 〈◊〉 with some other Nobles for affecting tyrannie and attempting to inâ—â—â— the people to their lawlesse wils publikely to be whipt in the Marâ—â—â— place then to be brought to the block beheaded the like exemplary justice King Alfred within this Kingdome did he not only provided for good Lawes but took care for the better ordering and due administration of justice to have the same exactly observed in one yeare hâ—â—â— put to death 44 wicked and corrupt Judges for their false judgments the fruits whereof was such as notwithstanding multituds of souldiers were continually employed yet it is recorded that in his dayes a Virgin might have travelled along through all his Dominions without any violence offered her and that bracelets of gold were hanged in the high-wayes and no man so bold as to take them away yet then theft was not punished with death the chiefe Justice of the Kings Bench in King H. 4. his time faithfully and as an honest Judge discharged his place when hee spared not to commit the Prince for a Riot to prison no priviledge or protection was then pleaded however not allowed Hereas was the King displeased nay he much rejoyced in that he had a Sonne so obedient to his Lawes and a Judge so upright and bold in administring of Justice without feare or favour But Justice Bacon who now supplies that place the other day did â—â—â—re otherwise he being petitioned unto by my country woman Mary Blâ—â—thwaite whom I mentioned before to bee admitted into Forma Puâ—â—â—â— would not allow her to sue Sir Willifrid Lawson because a great man and then high Sheriffe of Cumberland But against some mean ones who earryed her to prison upon Sir Willfred Lawsons warrant he allowed her to proceed and prosecute This nothing agreeeh with the Oath of a Judge but if our corrupt Judges had received from our Parliament the like punishments for theâ— false judgments for Ship-money as Sizâ—â—â—us did from Cambises such as succeeded in their places would have been more carefull and conscious in the discharge of their duty for I read that Cambises caused this Sizamnus being one of his Judges to be flaid alive for an unjust judgment given by him and his skin to be hung up over the judgment Seate after which he bestowing the Fathers office on the sonne willed him to remember that the same partiality deserved the same judgment Let Judges and Justices escape with fining it wil not much trouble them a part of their ill-gotten wealth will not onely discharge the same but soon restate them in their old places for most of them were mercenary men before they were made Judges and lawes or distinctions they ever have in store to please Kings satisfie States and times though never
so corrupted While I was writing this my letter Judge Ienkins Vindication was brought unto me wherein he condemnes and would aniâ—ilate the whole proceedings Orders and Ordinances of this present Parliament ever since the Kings departure as illegal and not binding for want of the Kings consent I and if God permit to set forth and discover the vanity and wickednesse â—â—â—eof at large for the present I desire him to read the Abusions of the â—â—â—mon Law written by Andrew Horne in the time of King Edward the 〈◊〉 in his mirrour of Justice The first and chiefe Abusion of the law 〈◊〉 Horne an approved Authout is that the King is set above the Law â—â—â—eas he ought to be subject to it as it contained in his oath I would â—â—ly then know of Judge Jenkins if the King be under and subject to the law how he or any other is to be proceeded against for transgressing the law where his consent is not if the same be necessary as the cause sins 〈◊〉 â—on With Horne Judge Fortescue afterwards Chancellour to King â—â—â—ry 6. agreeth who telleth us that England is a kingdome political and sayth Adtutelam legis subditorum corum coâ—porum Rex est erectus hâ—â—â— prestatem à populo effluxam ipse habet quo ei non licet potestate alia suo popula â—â—â—nari Forteseue folio 32. The King is made for the defence of the law of is subjects and of their bodies and goods whereunto hee receiveth the power of his people so as he cannot governe his people by any other power Then he tells you how the Kings of Egypt first lived not after the licentiâ—â—â— manner of after Kings but keep themselves as private persons in subjection to the law as also did the Ethyopian Kings order their lives according to the lawes assigning neither reward nor punishment otherwise then law appoynted And with Fortescue concurre the two great Maximes of the Common law often cited by Cook and other Sages of the Law 1. The Common law hath so admeasured the Kings prerogative that it cannot take may the inheritance of any 2. Nihil tam proprium est imperti quam legilâ—â— vivere There is nothing so proper to ruling as to live by laws Now if the body politick which is the people or the representative body the Parliament could not without the Kings consent act then by his prerogative he might hinder the due execution of the law contrary to the first approved Maxime the statute law confirmeth the same Marl. Br. chap. 5.52 Hen. 3. Magna Charta In singulis teneatur tam in his quae ad Regem partinent quam â—lies Magna shal be holden for good as well in those things that appertain to the King as to others So as all pretence of prerogative against the execution of the law or administration of justice is taken away And indeed it may be sayd the people give lawes to the King but the King cannot give any law to the people without their consent so as Regality in it selfe is good and for the good of the people and what ill custome or â—â—d lawes are brought in the same bee by our own default and not the Kings for the people are the law-makers The next Abusion of the law that Horne cites is that we have not a Parliament every halfe yeare that is to say Parliament men changed and elected anew and no strangers but resâ—nts according to the Common and Statute law which done would prevent much faction oppression partiality and injustice I may adde a third abuse as the King by his prerogative imprisoned so for the Parliament whether by Lords or Commons to imprison before the party bee brought to their Barre vnlesse for want of Baile is against the common law for by the common law before conviction no man having baile may be imprisoned either for Felony or Treasonn Cook 2. part Instit. fol. 189. And so the same is a disfranchizing of the Subject of his Free-hold and Birth-right And however it cannot be justified to keep any in prison longer then the next Goal-delivery after the party be committed Herein Scotland is praise-worthy no Prisoner there longer detained for debt then one yeare and to be provided for at the Plaintifes charge if the prisoner be not able to maintain himselfe and no prisoner for any contempt or felony beyond the next ordinary Sessions which is commonly every quarter of a yeare and sometimes oftner There wants nothing to make that people happy but a free tolleration of exercise of religion whereby every man may serve God in the way he is perswaded is most approveable and not be compelled to live by anothers or a blind and implicit faith Romanist-like they have there lawes pleaded and recorded in their owne naâ—ive tongue and no such delay of justice nor the like excessive and exorbitant fees as with us for indeed though it be said in our law we wil sell justice to no man yet have we neither processe nor proceedings recorded but in an unknown tongue and bought at a deare raâ—e oftentimes driven to spend more in one Terme besides our travell then the thing in question is worth But no more of this subject for the present I will return again to speak a little concerning my selfe and so I have done Sir I have been here a prisoner this 18. moneths and was committed upon a faâ—se report as refusing to answer interrogatories since the Speaker presented my Petition and procured it to be committed though never yet taken into examination by the Committee is 18. moneths a thing never heard of before that a Parliament Committee whereof there be 29. Parliament men in 18 moneths not to meet together about a businesse of so great and generall concernment not one man that sits in the House in the right of our Country once in all that time to speake one word in our Countries behalfe nor do me the favour as to present a petition for me unlesse I would decline and betray my Countries cause which if I would have done sundry of them and others of the house whom I can name would not onely have undertaken the presenting of my petition but likewise promised me to procute me my liberty there names I will forbeare for the present to mention for I take no pleasure to discover their shame unlesse they force me to it but this I may say and truly our case and condition now is as bâ—d as the Brittaines were of old when they writ to Action the Romane thus to Actius thrice Consul the Sighes of the Brittaines the barbarous enemy boâ—tes us to the Sea the Sea beates us back to the enemy we are either murdered or drowned I leave the application to you and say no more but this if you will present this my petition to the house procure us justice and an imparâ—iall speedy tryall upon the hazard of my life I will undertake to prove our charge and make good what I write having said
A fourth word to the wise OR A plaine discovery of Englands misery and how the fame may be redressed set forth in a Letter written by a Prisoner in the Fleete to Commissary Generall Ireton and published by a friend of his and lover of his Country for Englands good PLutarch relates that a certain poore old woman often petitioning King Philip of Macedon to have her cause heard the King at length gave her this answer that he was not at leasure she instantly replyed noli itaque Reguari do not then raign Which speech the King admiring forthwith not only heard her cause and complaint but of many others in his proper person O that our house of Commons would imitate Philip the heathen and no longer put us off to partiall and justice-delaying I had almost said justice-perverting Committees Much and long have I sollicited all such as sit in the house in the right of our Country except your self who hath been long a Nonresident to present my Countries grievances and complaints and to have rhem put in away of tryall But they not only tell me that they have no leasure but that they will not to their shame be it spoken The heathen will Judge them Nay they were not onely the chiefe instruments of geting me cast into prison fearing I should by some other hand bring on my Countries cause to hearing but most perfideously they have got such in authority with us as are notorious Delinquents declared traytors not yet compounded for their treasons for treasons be now made salable and but amony matter though they professe to favour honest men heare and such as be called Independants Yet when I got such men of approved and known integrety to be a Sub-Committee for accompts for Westmâ—rland and Cumberland they procured them upon a false certificate to be put out of Commission and others to be in their stead as were delinquents and professe enemies to all honest men and in particular to Independants Nay they got Commissions for Oyre and Terminer and Goale delivery for our Country but not one of the Commissioners therein named living in our Country other then Delinquents and against whom whom there be severall charges of high nature two yeares agoe exhibited to the House of Commons which we have much laboured to bring to exammination but cannot gâ—â— it done Yet have they been so countenaunced and borne out by thâ— Lord Wharton Sir Wilfride Ermyn Mr. Blackston and some others I coulâ— name as Sir Willfride Lawson was continued high Shrieffe for the moâ—â— part of the last two yeares who hath more tira-nized and exercised 〈◊〉 greater arbitrary power committed farre greater insolences and ounageâ— then ever the Earle of Stafford did in this Kingdom or Ireland diâ— Not tâ— speakâ— of his late committing men to prison for not conforming to Statâ— worship neither how he and other Justices caused to be indicted 3â— persons the Parliaments cordiall friends at Midsummer Sessions last foâ— not repairing to the steeple houses and book of Common-prayer M. Briscoe the Lord Whartons learned Steward his now bosome friend and by him preferred to be a Justice of peace Deputy Lieviennant Committeâ— man and Commissioner of Oyre and Terminer Yet while the Countâ—â— was in the enemies hands the Gentleman joyned with the enemy toâ—â—â— an Oath of obedience to the Commissioners of Array and sent out hoâ—â—â— and Armes against the Parliament At Midsummer Sessions last he very learnedly discoursed in his charge how there were a new kind of Recusantâ— worse then Papists for indeed Papists he protects and not one Papist troubled for his Religion there Meaning the seperatists and Independants and that they were the cause of all these troubles and the enemies of the Kingdom whereupon the poore peâ—ple were indicted This is the bestoffice the Lord Wharton ever did for us I know many here have a good opinion of the Lord Wharton and the rather for that he hath brought you Mr. Lawrence and Mr. Sallaway into the house Indeed you have been for the greatest part absent so we could not exspect much from you neither could we well informe you of the true state of our Country but Mr. Lawrence and Mr. Sallaway have both of them been with me yet did me nor my Country no good them I acquainted how the Lord Wharton had used us I told them how I got our Papers presented to the House by the Scots Commissioners mean s which I did with Mr. Rigby our kind friend his approbation and good liking who had conference with the Scots Commissioners about our businesse and for a good compliance betwixt them and us for the further quiet and ease of honest men in our paâ—s which had in all likelihood been brought about had not Mr. Blackston abused our friends in the house by misinformation in making our friends beleeve Mr. Borwis was Independent and Scottish and that I carried one the Scottish designe which was false though I acknowledge I was beholding to some of the Scots Commissioners for curtesies recâ—ived all which is since clearely manifested For no sooner was I cast into prison but Mr. Barwis thinking to make the Scots in 〈◊〉 base way his friends upon a certificate from Lawson Brisco and â—â—e rest of the Committee against the Church in Cumberland complaiâ—d to the Northern Committe here that in the beginning of the Parliaâ—ent their was but two Sectaries meaning Mr. Crackanthrop and my self 〈◊〉 we were increased to a hundred did preach in Private-houses refuâ—â—d to Baptise our children and made their ministry contemptible and if â—e were suffered would grow to greater numbers desiring some order for â—â—â—ressing us But having no countenance from the Committee and reâ—â—â—ving a checke by some Parliament man went away in chafe much 〈◊〉 saying though he could not then be heard time would come he â—â—â—bted not but to have us all suppressed I thinke Colonell Liburne 〈◊〉 then present he can tell you the particular passages For Lievtennant Colonell Lilburne his brother was the man that told it me I further told 〈◊〉 Lawrence how Mr. Prinne upon sight of the Scotch Papers given into â—â—e House very readely procured at my instance a Commission to honest â—â—â—â—oved men all or most of them Independantâ— to be a Sub-Committee of â—â—â—â—â—pts for Westmerland and Cumberland not one I named being either â—â—â—â—quent accountable or persecuter yet all of them suffiâ—ient men for 〈◊〉 imployment and of considerable estates my self being one of the â—â—â—nest that same being put upon me by Mr. Prinne undeserved Yet 〈◊〉 Lord Wharton did under his hand certify to the Grand-Committee 〈◊〉 accounts here that the men were of no estates and of so mean equaâ—â—â—y as they could neither write no raed nor cast up an account Whereâ—pon our Commission was revoked And upon the like false certificatâ—â—â—om the Lord Wharton and Sir William Ermyn others oppointed in oâ—â—â—â—â—â—d who were notorious Delinquents and themselves accountable and 〈◊〉 disabled by Ordnance of Parliament
examine witnesses I offered to undertake take to prosecute and make good my Charge as I hoped the See's Commissioners could and would do theirs the Committee then missed that they would acquaint the House with my desire and some of them did say that my request was reasonable notwithstanding all this Mr. Lisley misreporteth to the House how that I had contemptuously refused to answer Interrogatories not making any mention of Mr. Osmotherleyes refusing to answer Interrogatories upon the order of the House wherein not onely Mr. Lisley his parciality but likewise his intention and dâ—sire to obstruct Justice plainly appeareth upon which report made by Mr. Lisley I was committed â—o the Fleete by an order of the House of the 27. of October 1645. as contempâ—ibly refusing to answer Interrogatories after this being â—n prison I sent a letter to Mr. Speaker dated the 28. of October 1645. wi h a Petition inclosed to the Honourable House of Commons which Letter and Petition the honourable Speaker presented and procured to be openly read and debâ—ted in the House upon the 8 of November 1645. and both the letter and Petition was referred to the same Committee for the Scots papers and Lisley being the Chairman thereof and then present but presently af er my Letter and Petition was committed and Lisley then withdrew h mselfe for along time and came not to the House after Mr. Lisley came to have a Copy of the order for the committing my Letter and Petition being procured the same was sent in a letter from Colonell Rigby a member of the House desiring him to take some course about me and my Countries businesse But his answer was to my friends that came to him from Colonell Rigby that if Colonel Rigby or Sir Thomas Withrington who knew me and my cause would doe any thing they might but he could doe nothing which was as much as to say as I conceive he would doe nothing although the house had ordered otherwise And since the time my letter and petition was committed upon Mr. Speakers presenting I have written many letters and sent petitions therein inclosed both to them that sate in the House in the right of our Countrey and to others of the House also intreating them to present mine and my Countries grievances to the House and doubting the justice of the House being once truly informed of my state and my Countries cause yea and if I might have legall and impartiall hearing I doubt not but to make it appeare that Mr. Lisley is in the contempt in disobeying and slighting the orders of the House That Committee having power from this Honorable House to send for me as often as they would but to this day was I never sent for by him or that Committee Therefore I conceive that Mr. Lisley and that Committee to be the cause of my continued bonds and Countries long oppressions for his and their non-observance of the Houses Orders by which meanes justice hath been obstructed a long time And such as the Parliament hatâ— declared Traytors and grand enemies being disabled and prohibited by severall ordinances of Parliament to beare any Offices divers of them yet uncompounded for their Treasons and Delinquencies are yet upheld in places of power and trust to over-rule and oppresse our Countrey now under the Parliament more then when they acted for the enemy as I can prove and shew by many letters written to me before I was committed to this prison And in reference to my selfe if I have in the least offended against any of the just Lawes Priviledges Orders or proceedings of this House I am haertily sorry though I am no wayes conscious to my selfe that I have offended in the least but have ever been tender of the just and lawfull Priviledges Orders and proceedings of this House together with the liberties Rights and Franchises of the meanest subject For which and my affection to the Parliament I was imprisoned halfe a yeare by the Commissioners of Array and Justices of peace in Cumberland after driven to live in exile for two yeares and that little meanes I had possessed by the enemy And when it shall be made appeare that I have offended this Honorable House in the premises or in any other thing then I shall not not onely coâ—fesse my fault and error publickly to the whole kingdom but also willingly and cheerfully submit my self to the judgment and censure of this Honorable House to undergoe what punishment this House shal think sin Therefore my humble request is that this honorable House will take my take my cause into consideration to enlarge me from my bonds and put mine and my Countries cause into a legall way of triall and enable me with power to prosecute my severall charges and give unto me and my countrey just and fitting reparations for our losses and wrongs we have sustained agreeable to the wisdome and justice of this Honourable House And if we make not good our severall charges then to punish us according to the law and not to refer me over nor our countries cause to an Arbitrary partiall and Justice-delaying Committee But that I may be brought to your Barre or some other publick tryell And then I nothing doubt but to cleare my selfe of the contempt unjustly laid to my charge and for which I have suffered 18 Moneths hard and close imprisonment And if I may but have the benefit of the Law to make good our particular chrrges against those of whom we complaine And as in duty bound I shall ever pray to and praise God for you JO. MUSGRAVE Fleet 5. May 1647. and 9. day of 19. Months of my imprisonment I have for these last foure moneths had some friends daily attending upon Maj. Salloway Mr. Allan Mr. Laurence Mr. Bellingham for presenting this my petition but after they had the same a long time they returned iâ— back to me refusing to do it Mr. Bellingham said he could not 〈…〉 it unlesse I could shew authority to command him not many dayes since Mr. Rigby moved the House for my liberty but Mr. Tolson the knight of the Shire for Cumberland one of the new election stood up against me and desired I might noâ— be enlarged till I acknowledged my fault for sayd he it is against the order of the House to enlarge any without acknowledgment of their offence and so I lost the benefit of Mr. Rigbys motion I must not be enlarged without petition and all refuse to present my petition consider mine and my countries sad condition If you desire to know what this Mr. Tolson is he is no other then a beardlesse Minor taken the other day from the Grammâ—â— schoole and now elected by a delinquent Sheriffe through the votes of Malignants and delinquents of Cumberland by Mr. Barâ—iâ— procure ment Tolson being the meanest family of any of the Gentry in the North. Not long before Tolson was brought into the House he came from the enemies garrison then at Oxford his Father a neutrall and had his estate protected by the enemy Mr. Tolson Mr. Barwis the L. Wharton others that sit in the House in the right of our County procured the commissions for Oyer Terminer and goal-delivery directed to be declared traytors M. Tolson his father are great persecuters of honest men under the name of Sectaries and independents but favour and protect Papists and Malignants Mr. Bellingham the Knight of the Shire for Westmerland is so yoâ—g as he hath not any haire of his face refuseth to informe the House how the Committee for Accounts of Westmerland Cumberland were declared traytors and men accountable and so betrayeth his trust and his Countrey as his father before him did who being the Knight of the Shire is his son is new in his stead in the beginning of these troubles left the Parliament yet professed to his countrey for a time he would not joyn with the enemy but traiterously and deceitfully when his Countrey expected he would have stood up with them for the Parl. deserted them and joyned with the enemy to the losse of that countrey was after a Colonel for the King very active against the the Parl. and one of the Oxford Juncto his sonne begins to 〈◊〉 When hee came into the House he promsed fairly but now begins to trend in his fathers tract These Ianus and Sinon-likâ— men whether oâ—d or young be the pest of a Common-wealth and the worst and most dangerous enemies any State can have not fit to be trusted or imployed in any office Martiall or Civill seldome you can confide in the son where the father hath betrayed you Beware ever of a reconciled foe and time-servers Farewell PROV 28.15 As a roaring Lion and a ranging Beare so is 〈◊〉 wicked Ruler over the poore people P. 2. l. 3 for Wilford Ermine r. William Ermine line 37. for Scotish r. I Scotish p. 3. l. 20. for undeserved r. undesired l. 38 for faith r. South p. 5. l. 15. for 11. r. 22. p. 6. l. 23. for K. Stephen r. K. William l. 23. for cleare read bleare