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A89428 A true and exact relation of the great and heavy pressures and grievances the well-affected of the northern bordering countries lye under, by Sir Arthur Haslerigs misgovernment, and placing in authority there for justices of the peace, commissioners for the militia, ministry, and sequestrations, malignants, and men disaffected to the present government, set forth in the petition, articles, letters and remonstrance, humbly presented to the councel of state, with his apologie to the Lord President, for publishing thereof. / By John Musgrave. Musgrave, John, fl. 1654. 1650 (1650) Wing M3153; Thomason E619_10; ESTC R206368 38,763 55

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offences lest by others faults the Parliament should suffer in their credit lest that it should be thought the Parliament were offended with as for seeking Justice and pressing forward our Countries just complaints and grievances lest it should be thought the Parliament should seem to justifie or connive at these their lawlesse practises and oppressions which we are ready in a legal way to make good according to our charge by forbearance and sufferance of them For it is a maxime in Law Qui non prohibet quod prohibere potest assentiri videtur He that suffereth not that which he may let is conceived and said in Law to assent Let no such blot lie upon that Honourable House let not the potency of our adversaries overthrow the justnesse of our cause neglect us no more lest besides the blame and out-cries for Justice you bring ruin upon us and your selves by leaving us open to the Irish which may the sooner invite Ormond to invade us with his Popish and revolted Forces having such an easie entrance if the same be not prevented As you tender the good and quiet of the State timely provide for this and have respect to our poor Countrey let all Delinquents Traitors and men dis-affected all such as are tainted with covetousnesse or cowardize be removed out of all Authorities and the same put in the hands of confiding men fearing God and hating covetousnesse and all basenesse such as would not be in the worst of times carried away or corrupted through fear or losse of goods or hope of preferment to joyn with or submit unto the Enemy or act in a neutrality which is holden for most detestable Neglect of those parts may prove of dangerous consequence There and not well else-where in the North may the Irish land at their pleasure and daily are expected there from thence Digby by connivance of some of our English Commanders there as is conceived had free and ready passage into the Isle of Man and so for Ireland from thence the Earl of Antrum had like passage and way into Ireland with the Royal Commissions for Cessation of Arms there which produced such sad effects in that Kingdom Montrosse made his way for Scotland twice that way to the great losse of that Kingdom he invaded Scotland and took Dumfrece hence the Earl of New-Castle had his first rise of his Popish Army in the North and daily supplies of men and monies till the reducement thereof by the Scottish Horse hence since the reducement the Enemy in Dublin and the Isle of Man had Cole and Victuals Here the whole Gentry are Malignants Delinquents Papists Popish or base Temporizers Here not ten of the Gentry in both these Counties nay I dare say not so many have proved Cordial to the State but have submitted themselves or acted to and with the Enemy Here the Gentry have revolted since the reducement thereof more then once or twice Here Will and Oppression reigns more then in any Countrey now subjected to the State so long as the powers and Authorities reside in the hands of such Neutrals Temporizers Self-seekers Traitors and Delinquents as now it is the Enemy though peace for the present were concluded and setled yet might upon new and after discontents of a sudden endanger the losse of the whole North by the help of that Popish faction in those parts who have got in their hands the chief places of trust and Command there though you had no care nor regard of us yet for your own good prevent this mischief the which done may produce though little considered the fruit which may prove to be a well grounded peace to the whole Kingdom Though neglect of us could be no prejudice to the publick which will be of no small concernment as I have already shown yet the redresse of our Countries grievances in common equity ought not to be so lightly passed over all which hitherto but all in vain for fourteen moneths together have been pressed on but by one Committee or other still frustrated and in Justice you cannot deny us audience and an equal trial either at the Common-law or in full Parliament as in your wisdoms shall seem best for the publick and our particular good for that the Law is our common birthright which we may without offence I hope and do challenge and claim the benefit thereof and therefore we have no cause to doubt or be fearfull in putting our selves forth considering how that general rule in Law is still in force Quod curia regis non debeat deficere conquerentibus in Justitia adhibenda That the Kings Court should never be failing to such as complain in the doing of Justice And of Courts Judicial we acknowledge the Parliament Supream which ever hath been and I hope still will be the great and faith full up-holder of the common-Common-Law and of the rights and Priviledges of all the loyal and true-hearted Free-born of the Kingdom I pray you good Sir peruse these papers and Copies of Letters the Originals I have all except two which Master Blaxston hath to whom they were sent and delivered withall I would intreat you to present this my Petition to the House of Commons M. Speaker hath seen it and saith he will speak to it I could not presse him further in respect he had formerly presented one for me which was referred to the former Committee but by M. Lisle who is the Chair-man suppressed and I could never hear more of it the ground of this my Petition I hope you will let me understand what you will do here concerning the whole matter by this bearer Master Hobkins the Warden of the Fleet which hath shown me kindnesse in his readinesse to do me this favour if by your means and the Justice of the house I may obtain my liberty and our Countries cause put in a way of trial without further procrastination I shall not be unthankfull but ever rest From the Fleet prison this 25. of the 12. Moneth 1645. Yours to serve and honour you JOHN MUSGRAVE FINIS POST-SCRIPT I Omitted to set forth how Sir Arthur Hazlerig within these 2. or 3. years and since he became ruler of the North hath got an Estate in Lands there worth eight or ten thousand pounds per Annum part by oppression but the most of it by buying the Common-wealths Lands at far undervalues the Surveyors being such who durst not displease him but made returns of the values as he desired which if reviewed will appear to be true His Man Pearson who the other day was worth little or nothing when his Master came to Newcastle hath purchased as much Lands very near as his Master was worth when the Wars began Fitch the Governour of Carlile under him hath likewise infinitely inriched himself by overburdening the Countrey with free quarter and excessive Taxes and Leavies of Corn and money which he hath never accompted for notwithstanding he hath received constant pay from the State for that Garrison not a people in England so oppressed as we yet never to this day could procure any that sit in Parl in the right of our Countrey to present a Petition for us which is the very cause I have thus set my self forth having spent that little the Enemy hath left me in a fruitless attendance All which I humbly submit to the grave consideration of the Councel of State begging their helping hand and liberty to prove what I here assert before they judge it scandals as some have said it to be JOHN MUSGRVE Reader I pray amend the faults of the Printer with thy Pen.
many favours and great incouragements to serve suffer for my Countrey and not to fear nor be cast down with the greatness of person which I have received from you many years since even when you were in a more private condition finding no change in you when thus eminently placed yet no lesse then your worth and vertue merit are the inducements to present these my weake endeavours which I have undertaken without any sinister or by-ends for the good of my poor Countrey only to your Lorship craving your Lordships favour and that you will procure me protection and indempnity while I prosecute the following charges and other great discoveries which will bring to the State ten thousand pounds and more some whereof of considerable values upon my own charge and travel are already returned if nothing else would speak for me in excuse yet the very relation of the barbarous unmanly and inhumane cruelty of Thomas Craystor Major of Carlile and Lieut. Col. Briggs used towards one Trefena Carter wife of one Christopher Ca●ter then a Souldier in Carlile Garison and now a Lieutenant of Horse in the Army in Scotland particularly for her judgment crossing Presbytery would and will in some measure set forth the inviterate malice this Craistor who is Sir Arthurs Viceroy of Cumberland for all Officers Justices of peace and Cummissioners of the Militia Ministry sequestrations Sir Arthur H. wholly leaves to his nomination and none must bear in any Office whom Craistor approves not beareth towards such as inclined not to the Presbytery and comply not with this Scottish Interest This Trefina Carter this last summer living in Carlile went into a visited house the same being unknown to her then Craystor then Maj of Carlile hearing of it bearing a grudge to her for her judgement Commanded her to house but not allowing any woman to be with her being great with Child and near her account she venturing forth for a pint of Wine another she had not to send for it Lieut. Col. Briggs meets her asked her how she durst come out of her doors contrary to the Majors Order she modestly replyed if the Major would let some bring unto her what she needed for she had none with her she would not go out of her house Briggs makes no answer but draws his Rapier offering to run at her therewith with many execrable Oaths swearing he would have her out of Town for it was the Majors pleasure to have it so he sent her home with a file of Musketeers and a Century is set at her door to hinder any to come at her she falls in travel the Midwife was sent for there being but one in the Town who durst not go till she knew the Majors pleasure he bids the Mid-wife go but tells her withall if she did she should be shut up the Woman is delivered after strong labour without Womans help she procured a Nurse to keep her and her Child but the fifth day after her delivery the Major takes her Nurse from her the Child and she being very weak more likely to dye then live and not any with her for none durst but her own Nurse fearing the Majors displeasure In this extremity the poor Woman was forced to rise out of her bed and goes to the Majors house desiring to know why he took her Nurse from her he answered for a Clenser is that your Conscierce said she the Major replyed never stand questioning me begone we know your judgement and till some honest Officers of the Garrison went to the Major hearing of this uncivil and unchristian usage the Major would not suffer any to come at her though her house was never visited and I hear the Woman is undone therewith and inall likelihood will never recover her former health and strength thus you see my Lord we complain not without cause when Child-bearing Women in their travel and Infants new born are thus extreamly cruelly dealt with in those parts for no other cause then their judgments crossing Presbytery if these men will not pitty nor spare Women and Children but so vehemently persecute them for their judgement what can we expect from them or you imagine they would do to us if the Lord General being so near us did not hinder I hope I need not further apologize nor need say more to move you to pitty our condition and help to ease and bring these your and our enemies to account for rhe breach of their trust and the great oppressions and wrongs they have done to us and our Countrey I will present to your view in the first place the Petition and charge against Sir Arthur H. with the Articles exhibited against him the Justices of peace Commissioners of the Militia Ministry and Sequestrations in Cumberland with Letters of the Congregated Church at Broughton and other Letters to me from some Ministers and other my suffering Friends setting forth therein their misery and sad condition after you have the Councel of the States Declaration with my Remonstrance upon the Declaration And in the last place my Letter to Sir Tho Withrington formerly printed which relates to our former sufferings and how cunningly our Adversaries have long undermined us abused your Friends such as Parliament men as they thought favoured us they drew Mr. Lisle now one of the Lords Commissioners for the great Seal of ENGLAND to make a report against me telling him I carried on a contrary Interest and the Scottish Design and long it was before my Lord LISLE could be perswaded I was a Friend but upon better understanding his prejudice against me was removed and upon his motion in the House of COMMONS after two years Imprisonment I was set at liberty and now my Lord not doubting your favourable acceptance hereof and your ready assistance in procuring me a fair hearing and tryal herein I recommend my selfe and Cause to your Justice and Clemency and remain Your Lordships obliged and humble Servant JOHN MUSGRAVE 9.12 month 1650. TO THE Right Honourable the Councel of State sitting at White-hall The Humble Petition of John Musgrave for and in the behalf of Thomas Worsley Esquire John Worsley Elizabeth Worsley Captain Richard Crackenthorp Mary Blaythwaite and the rest of the well-affected in the Counties of Cumberland Westmerland Bishoprick and Northumberland Humbly sheweth THat your Petitioner John Musgrave above a year since Remonstrated his own and his Countreys sad and distressed condition and how the Enemies of this Common-wealth in those parts do still with unwearied and undefatigable endeavours labour to carry on their designs in strengthening the hands of Malignants ' and weakning the hands of your friends and the better to effect wicked purposes got several incendiaries and such as have born Arms and engaged against the Parliament in the first and second war and still complies with the Scottish interest to be Justices of the peace Sheriffs c. and to have the whole authorities there in their hands by which
the enemies against the Parliament under Captain Rolf a drunkard a pleader for Delinquent and scandalous Ministers an Enemy to honest men and the Parliaments suffering friends 3. Robert Hutton now a Commissioner for the Militia and Ministry a man Sequestrable took the Oath for the Earl of New-Castle against the Parliament a countenancer and upholder of Malignant and scandalous Ministers and such as Act for the Scottish Interest a common Ale-house-haunter and a great drinker 4. Cuthbert Studholme now Commissioner for the Militia Ministry and Sequestrations a private Captain in Carlile Garrison a Farmour of Sequestred tithes at far undervalues when other would have given and offered greater sums a countenancer and upholder of such ministers as oppose the Engagement and he is for the Scottish Interest against the Parliaments friends 5. Thomas Craister now a Commissioner for Sequestrations for the Militia and Ministry a professed Enemy and persecutour of all the Parliaments suffering friends there under the name of Independants an upholder and maintainer of Malignant and such Ministers as refused the Engagement and are for the Scottish faction threatned those that informed against such saying they went in John Musgraves way he discountenanced witnesses produced against Thomas Millington a Malignant Minister who since the Act and Proclamations against King and Kingship prayed for all Kings and Princes and especially for those that pretended Title to this Nation and for bad men to speak against the King and said the Kings Laws would yet be in force and Lawfull and that the Parliament could not order England he doth still Church women and take money for Burials all this and much more was proved before the said M. Craister M. Langhorn M. Lamplongh M. Cholmeley and Edward Winter yet by M. Craister power and Countenance the said Minister is still Countenanced and continued in his personage being worth 100. l. per annum and more 6. That Thomas Craister refused to joyn with the said John Musgrave to receive discoveries against Delinquents whereby the Common-wealth is hindered 10000. l. and Delinquents inabled to raise a second War 7. That the Commissioners for the Militia in Cumberland suffer Delinquents to ride with their armes and to go from their homes at pleasure some 10. some 20. some 60. miles without Sequestring or questioning them for it contrary to the late Act of Parliament 8. Thomas Cholmely now a Justice of Peace a Commissioner for the Militia Ministry and Sequestrations a man Sequestrable left the Parliament for his delinquency in the first War was in arms and joyned with the Enemy against the Parliament and Voluntarily lent the Enemy fifty pounds in the second War kept Intelligence with the Scots and sent a man and horse to the Enemy into Scotland took the Oath for the Earl of New-Castle against the Parliament a great Enemy to the Parliaments friends and them them call Independants joyned with M. Briscoe Sr. Wilfride Lawson M. Lamplongh M. Henry Tolson M. Thomas Curwen and M. John Barwis in committing diverse honest men for not coming to the Book of Common-Prayer since it was taken away and caused them to be indicted at the quarter Sessions for the same and a little before the Scots received the last great overthrow by the now Lord General the said M. Cholmley said the Scots were his brethren in Covenant and it was against his conscience to fight against the Scots he is a great upholder of such Ministers as are against the Engament and he complieth with the Malignant and Scotish party 9. Edward Winter a man of a private condition never appeared for the Parliament where danger was a countenancer and maintainer of Malignant Ministers and such as are against the Engagement and procured by M. Craister and M. Langhorn to be a Commissioner for the Militia and Ministry to vote with them 10. John Crosthwait a Commissioner for the Militia and Ministers a man that lived peaceably in the Enemies Quarters while they had power never Acted nor appeared for the Parliament where danger was holds his Estate in Tenantbright under Sr. John Lowthernant and was Bailiffe and receiver of his Rents when Sr. John was a Commissioner of Array he is a fearfull low-spirited man and procured by M. Craister to be a Commissioner to vote and Act with him 11. William Mawson now a Commissioner for the Militia and Ministry never Acted nor appeared for the Parliament where danger was a great favourer and protector of scandalous and Malignant Ministers and procured by M. Craistor and M. Langhorn to vote with them and uphold their Interest 12. Thomas Langhorn now a Commissioner for Sequestrations the Militia and Ministry a Man sequestred took the Oath for the Earl of New castle against the Parliament A great enemy to them they call Independents refused to joyn with the said John Musgrave in discovery of Delinquents when presented unto them an upholder of Mr. Balwyne a Minister that refuseth the Engagement to preach on Thanksgiving-dayes or preach for the Parliament or Army disaffected to the present Government and joynes with Mr. Craistor to keep under such as favour the Parliament and such as are called Independents 13. Thomas Garth named Agent for Sequestrations a man sequestrable took Oath for the Earl of Newcastle was Cornet to Sir Henry Fletcher and Quartermaster to Sir Phylip Musgrave a great favorer and protector of Malignants while he was Solicitor to the old Committee for Sequestrations 14. Henry Robinson imployed as Agent for Sequestrations now by Mr. Craistor and Mr. Langhorne voluntarily gave to the Enemy five pounds to buy a Horse and ingaged he would never act for the Parliament protesting what he did for the Parliament he did it for a livelihood saying alas alas he was for the King in his heart 15. Thomas Curwen now a Justice of Peace in the last Warre set out Man and Horse for the Enemy was protected in his Estate by Baronet Curwen and continued at the said Baronet Curwens house all the time of the last Warre and after the County was reduced to the Parliament he protected the said Baronet Curwens Estate kept his Goods from being sequestring and in a threatning manner told some whom he called Independents that it was such as they that caused the last Warre 16. That all or most of the Delinquents there injoy their real Estates and most of their personal and those that have compounded with Sir Arthur Hazlerig did not compound to the half value of their Estates 17. Sir Wilfride Lawson now a Commissioner for Ministers and a Justice of Peace was a Commissioner of Array and acted upon the same took the Oath for the Earl of Newcastle and was in Arms with the Enemy against the Parliament hath great summes of money of the County not accompted for a professed Enemy to honest men a favorer and Protector of Papists and Delinquents 18. That the Commissioners for the Militia are great favourers of Malignants very unequally raising the Horse on the poorer sort and
of Cockermouth who refused to take the Engagement he keeps in sundry Town-Officers that refuse the same manifesting by sundry other actions that what ever his pretention is yet his intention is not for the present power My dear love to your self from him who is Your and the Common-wealths servant J. Bywater Octob. 15. 1650. I do well approve of this other relation concerning Mr. Lampit for Mr. Craister manifested as much harshness as he could To his very good friend M. Musgrave ALl men may see by this Letter of L. Fearon the rage of the Justices made by Sr. Arthur H. have against honest men that the poor Church of Broughton complain not without cause what would not these Justices do if Armed with Law and countenance by the higher power when they thus despise the Acts Ordinances of Parliament for it is more then a year since the Act for liberty to swear without layingh and on a Book was passed and published Mr. MUSGRAVE I Was sommoned to appear at the last quarter-Sessions of the Peace at Cockermouth where I did appear and being returned to be one of the Jury because I could not swear upon a book Mr. Henry Pearson then Clerk of the Peace fined me 10. pounds and would not suffer me to be of the Jury I shall desire you to help me and other of our friends who are troubled for the same that we may have the benefit of the Act of Parl. concerning Book-swearing Mr. Antrobus and Francis Smith are troubled for the like by Mr. William Tubman Steward to the Earl of Northumberland in Egremont-Court the Justices that sate upon the Bench the last Sessions when I was fined in 10. pounds are Sr. Willfrid Lawson Henry Tolson Thomas Curwen and Miles Halton I pray you do this for us for the Parliaments suffering friends are much oppressed by their Enemies Sir I am Your loving friend Lancelot Fearen Lamplongh the 15. of October 1650. For Mr. John Musgrave Steward of the Honour of Peureth Mr. Appleby who writ this following Letter is a Cumberland Gentleman and was forced through the Malignancy of the Justices and the Committee of his Country and withdrew into Yorkshire Worthy Sir AFter my kind love to you presented though unacquainted yet I conceive by my wife and son they have been much beholden to you and if I had been intimate with you when you had Sr. Willfride Lawson in question at London I could have been a means to have accomplished your pursuit and desire and if occasion hereafter fall I will give you instructions which I hope will yet work effect Sr. I conceive my wife preferred a Petition by your advice and furtherance unto the Councel of State whereof she got no answer so I heartily desire to know the event thereof and withall your advise and furtherance in the prosecution of my causes for I have sustained great losses and wrongs as any man in the Countrey not onely from the Enemy but from our Committee and Justices also meaning in Cumberland I will justifie and prove that great Delinquents and Papists have had and still have more favour from them then any real and well-affected persons who have adventured life and Estate for them in their service I intended to have been at London not long since but the times have been very bad and difficult with us but upon any notice from you I will not fail to be with you before this Tearm end God willing So good Sir let me have your help and upon receipt of your answer expect me with all speed Halton in Craven Octob. the 18. 1650. Yours to serve you quantum in me LANCELOTH APPLEBY To his Honoured friend M. John Musgrave at London I Could not without ingratitude and doing wrong to the Councel of State who hath done so much for setling this Common-wealth in peace of security but publish this their Declaration made upon reading my Remonstrance Die Lune 27. August 1649. At the Councel of State at White-hall UPon reading the Remonstrance of John Musgrave on the behalf of himself and others well-affected in the Counties of Lancashire Westmerland and Cumberland particularly of Thomas VVorsley Esq Iohn VVorsley his son and Elizabeth VVorsley his daughter Capt. Richard Crakanthrop and Mary Blaithwait widow and upon hearing Mr. Musgrave himself consideration had of the matters remonstrated and desired to be done It is ordered and declared That care shall be had and taken of putting the particulars specified into a way of examination and redress and the Councel will endeavours that a Reformation shall be had of the grievances complained of some of which as that of putting the Militia into trusty hands are already under consideration And this Councel further declares that they will use their endeavours that the particular Petitions of Mr. Musgrave and the rest may be presented to the House and there read and ordered In respect of the long attendance of the parties as soon as with conveniency the same may be done and as the publick affairs of the House will permit Ex. Gualter Frost Secr. HEre Reader thou hast my Remonstrance it self upon which the Councel of State made their Declaration To the Right Honourable the Lord President and the Councel of State sitting at White-hall The Remonstrance and humble supplication of John Musgrave for and on the behalf of himself Thomas Worsley Esq John VVorsley his son Elizabeth VVorsley his daughter Captain Richard Crackanthorp Mary Blaithwait Widdow Thomas Gibson and the rest of the well-affected in the Counties of Lancaster Westmerland and Cumberland IT is not to be doubted but as Justice and treasure are the chief supporters of all Common-wealths Kingdoms so the neglect of the one by male-administration and unduely raising and mispending the other have ever proved fatal to the present Governours and Ministers of States as by wofull experience the greatest Monarchs and States often but ever too late have found The mis-government of Eli and Samuel sons made Israel change their Government as well as their Governours Sauls misorder transferred the Kingdom from his family to David the great burdens and many Taxes of Rehobeam caused the defection of ten tribes which never returned again to the house of David and after few generations all Israel with their Kings and Princes were displanted and carried away into captivity for their oppression and injustice and for that sin the Scepter was taken from Judah and they brought tributary to the Roman Common-wealth as the Prophets complained in Judahs defection and before their fall Judgement was turned away backward and Justice stood then afar off for truth was fallen in the street and equity could not enter Is 59.14 Rome then kept faith with nations executed Justice and judgement for which she was a long time famous and thereby became Mrs over the whole world But when she began to oppresse her Senators corrupt and partial in judgement Soon followed the ruine of that long flourishing Empire The Rebellion of the Moors
same being demanded by what Authority they did take up the Rents there Captain Holcroft held out his Pistol and said here is our Commission All which is fully and truly set forth in their Petition which doings and the like oppressions have brought the wrath and judgments of God upon the Parliament even by breaking them twice with their own strength But the Lord hitherto hath preserved the Nation from breaking by his righteous judgements upon the Parliament We therefore humbly supplicate your Honours to whom we fly for refuge and help as the last and visible means under God for our recovery in this our lost and perishing condition having not onely fruitlesly spent above five hundred pounds in attendance upon the Parliament but lie open to the mercilesse cruelties of our adversaries and every day in danger to be surprised by the common enemy If you neglect us the same may likewise indanger your safety as our ruine and hasten the curse upon you which as a Milstone is fallen upon the late King his House Pears which you can no other way avoid then by your equal and due administration of justice to the poor as to the rich which in all probability will break factions and recover unto you the lost affections of the people and raise again the drooping spirits of your oppressed distressed friends and prevent the adversary of his purpose Now the better to facilitate this great work so long retarded by some corrupt Members of Parliament where if not by your all delayes and obstructions of Justice ought to be examined and redressed It will not be amisse here to relate the expedient the wisdom of our Ancestors found out to prevent the delay of Justice and not to be left onely to the will of private and particular Members of Parliament when and how to bring in Petitions as now is practised to the dishonour and great scandal of the present Government ruin not onely of private families but of whole Countreys and which hath rendered the Parliament to be no other then upholders of Injustice supporters of Tyranny and oppression far contrary to our exspectation and their promises and engagements and which necessitated his Excellency and Armies to advance to London twice against them The old and good way of bringing in Petitions into the Parliament for the equal distribution of Justice to all Suitors was not by the Speaker or any particular Member thereof but by the Masters of the Chancery who by their place and Office were to attend the Parliament for that very end and purpose as the Rolls of most times witnesse it being by the old mod tenend Parliament and others accounted against reason that Petitions should be taken brought into the House by those that were to debate and determine them for so might they at pleasure keep them out or too happily press them on Therefore saieth the same Author Petitions were filed in course and so to be debated as they were received which were intrusted to the care of known and sworn Officers of the Kingdom who of old time were appointed for triers of Petitions to enquire of the matter of fact expressed in the Petitions that it might be rightly stated before it came to be debated in the House By the disuser whereof Justice hath been obstructed the same hath brought contempt upon the Parliament no means left us for making known our grievances and to compleat our misery the worst of men again creep into Magistracy by which they do the Parliament more disservice then when they openly acted in the way of professed enmity as by this ensuing storie of a cunning welch Judge will appear A Gentleman suspecting the welch Judge to have been the cause of putting several of the Parliaments friends out of Commission of Peace and others known disaffected and delinquents to be in their place did entertain discourse with a bosome friend of his by way of complaining The Gentleman said the Judge was ever taken for a friend to Cavaliers and it was not well taken that he had put A. M. from his practise for A. M. was truly the Kings friend the other replied and said if it were so the Judge should bring him again to his practice for he loved the King and never was man so cast down as he and his Son were for the Kings death both of them wept bitterly when the King died then said the Gentleman but I fear the Roundheads will complain of the Judge for putting them out of Commission and the Kings friends in their place and so the Judge might come into trouble and be lesse able to serve his friends the other answered take no thought for that as he waited all opportunities to do good Offices for the King and his friends so he doubted not but to come fair off if Roundheads did complain of him for a Parliament man whom he then named would own the thing as his own act who was able to deal with all that should oppose By all which your Lordship and this Honorable Councel may clearly perceive what imminent danger you are subject unto by these petty Tyrants of the time who as they oppresse us so they wait but for an opportunity to remove you from your seates Now we leave it to your consideration if delay of Iustice be adenial of Iustice or rather Injustice it self how unjust men be these our Northern Gentlemen of the House of Commons who since the Parliament began would never present a Petition for us some of us having since the third day of the Parliaments first sitting down attended and sollicited for that purpose therefore as you tender your own safetie regard you Honors respect Justice love the Common-wealth and are affected with any bowels of compassion towards a distressed afflicted and oppressed people take our Remonstrance into your serious consideration with these our humble requests 1. That all Delinquents in the North according to Ordinance of Parliament may be removed from all Offices Civil and Martial and that under a penalty 2. That the Moneys unduly leavied by Sr. Wilfrid Lawson or any others with us upon the Countrey without order or Ordinance of Parliament may be accounted for and satisfaction made to the parties wronged 3. That Mr. Worsley and his childrens sufferings may be taken into consideration and relieved and provision made that for their non-conformity to the Book of Common-Prayer they be not further molested either in their Persons Lands or goods all charges charged and issuing out of the Exchequer against them for the same may be discharged and nulled and the burthen of Book-swearing taken away 4. That John Musgrave Captain Richard Crackanthorpe Mary Blaithwaite and Thomas Gibson who are wasted with a long and chargeable attendance may have fitting repairations for their losses and sufferings by the Commissioners of Array Justices of the Peace and Committee-men of Cumberland 5. That Mrs. Vaux Petition with the House of Peers Order upon it may be
taken into like consideration 6. That John Musgrave for his discovery of concealed Delinquents in Cumberland and his attendance upon the Committee of Lords and Commons for sequestrations may be taken into consideration 7. That a way may be provided that the grievances of our Northern Counties the oppressions of the Justices of peace Committees there may be removed and such as have unjustly suffered by them may be repaired to the end we may not be constrained after 300. miles travell hither to consume the little that is left us by the adversary in a fruitless and chargeable attendance for moneths and years as for these 8. years and more we have done upon such men as will not nor ever did present a Petition for us themselves for the most part having by some irregular way undue election by the votes of Malignants or Letters of some petty Tyrants or Lord being returned Knights and Burgesses for our Counties JOHN MVSGRAVE This following Letter I writ to my Lord President who thereupon sent for me and shortly after procured me audience before the Conncel of State upon reading my Remonstrance which I at the request of some friends have published as in thankfulness to his Lordship so to satisfie and inform friends how and for what Interest I have ever acted and suffered My Lord SInce my Letter to you by Mr. Rumsey of the 18. of the first moneth I did forbear any wayes to be troublesome unto you neither would I now if I could have found a door open unto me for justice which hitherto as to me and my suffering friends hath been altogether shut up And now I am constrained as the most probable means to attain my wished desires to make my supplication to you and though I could not in spirit go along with you in your last actings towards the late King by the reason of the many oaths and engagements made and taken on his behalf yet I have ever held it my duty to submit without resistance to such Powers and Authorities as the Lord of Heaven in his wayes shall set over us accirding to the Apostles Rule Rom. 13.1.2 Yet I cannot but put the Lords on earth in mind how the same Apostle saith in the same place that Rulers ought not to be a terrour to good works but to the evil But while oppression and injustice in any is either connived at or past by upon complaint unpunished the wicked growe bold by their impunity and the Magistracy becomes a terrour and the Law no other then a snare to all honest men My Request to you now is neither for place nor promotion though these be due to deserving men as the rewards of vertue Therefore I shall never envy nor upbrayde any upon whom the same are conferred by a State or other but give me leave to tell you while the poor are neglected the oppressed unrelieved and justice not done freely in your gates that is openly and not in Chambers security or comfort you cannot long have in the enjoyment of them I have wearied and wasted my self ever since the Parl first sate down in seeking to remove oppressors from their Seats and gaining justice for poor people but never to this present day could I bring my purpose to passe for which I blame not the Parliament but such as sit there in right of our Countrey who only mind themselves and do their own work regardless of us and our Countrey For by fitting there they become great purchasers of Lands and Mannours fare Dives like while we at home are spoiled of all and here disreregarded Lazarous-like lies at their doors begging for justice but never yet could taste the least of their Crums so as from them I am hopeless ever to obtain any good If I had been a Solicitor or Agent for Cavaliers at Goldsmiths-Hall to the Committee of Sequestrations or to the Parliament I might have got Wealth and had the countenance of the great ones and found ready dispatch of business I know one poor Solicitor that way hath gained 2. or 3000 l. at the least But I agitating for a poor plundered People could never gain the favour as the reading of a Petition Mr. Allen hath had poor Widow Blaythwaits Petition one whom you sometimes owned and did good to in his hand near 3. years yet could never find opportunity to present it he held me in hand more then a year he would present mine and Captain Crakanthorps Petition but in the close finding no real dealing with him glad I was to take it from him by no hand could I get access unto justice When I came the other day to present my Petition to the Councel of State I desired * A Member of the Councel of State Mr. Scot to bring it in before you he told me it was not proper for you before he read or knew the Contents of it If I had told him some prety story of some hidden treasure I should then have had ready admittance and well rewarded but while he Dog-like snatcht at the shadow he lost the Gold in his hand Let all such covetous wretches be so served I forbear to particularize it is a story fitter for Pasquile or Tarleton then your graviry I remember when the Earl of Strafford came first President to York and for sundry years after the same being the usual Custome of the Kings learned Councel there every day after dinner for an houre and a half before he went to Court or entered upon any other business of state suiters by turns were called in their Petitions read being before received from them of course by the Clarke of the Petitions there being two that attended every other week for that purpose who had their diet and a constant salary for that purpose so as the reference and attendance to the suitors was no way chargeable none being necessitated to wait for answer longer then two days at the most a good president for you and the Councel of State to follow By which doings for sundry years he kept the North free from oppressions and mightily gained upon the affections of the people The which when he gave over and begun to be proud and covetous his Table became a snare to him and his glory departed and soon after followed the down-fall of him and that Court and how he was after prosecuted with the envy of the people his tryal and death is enough to mention Vpon his tryal I was by the Lord Whitlock brought before the Lords in Parliament and presented to them as a ruinated Gentleman by him without me it was then said they could not have made forth any considerable thing against him of his illegal regal actings in the North then I had the plaudite and thanks not only of that Committee but of many other eminent Members of the House with many and large though then undesired promises to procure me justice and do great matters for which service I was committed by Justice Dikes
one of the Deputies Creatures to Carlile Castle upon my return home after my attendance upon the Tryal upon my own charge but John Musgrave was never after owned My prosecuting against our Malignant Committees though I got a prison yet you gained both honour and friends thereby Vpon your encouragement I brought a list of the concealed Delinquents of our Countrey and proved the same before the Committee of Lords and Commons for Sequestrations which cost me in attendance near 100 l. I return you again your Order I hope you will so order the business for if you please I know you can do it that I may have some proportionable satisfaction for my former service losses and sufferings and some right done to my suffering friends Sir Wilfrid Lawson for his pretended losses by Hambelton without either Law or Act Order or Ordinance of Parliament could raise 3000 l. for his losses from the poor Countrey that never did him wrong the Countrey being then delivered up to Hambleton by the Cowardise and treachery of Lawson and his Confederates there But the poor Widow Blaithwait cannot be heard I desire you to peruse Mr. Worsley and my poor Mothers Petitions with others I sent you that I may obtain so much favour as to procure us common right I may be thought in remembring my former actings to hunt after praise or reward truly I had been altogether silent even as I was in my former troubles in the Fleet and buried the same in oblivion if I and my suffering friends of the North for whom I agitate had receeived any common right or justice from the Parliament which if you procure us we shall with all thankfulness acknowledge the same and you will obliege me to be ever as truly I am Your Lordships humble Servant JOHN MVSGRAVE 21. June 1649. For the Right Honourable John Bradshaw Lord President of the Councel of State sitting at White-Hall Here I though good to insert a letter written to Sr. Thomas VVitherington formerly printed in regard it relates to our former and present grievances SIR I Expected ere this to have heard of your report to have been made to the House upon the vote passed for M. Cracanthorp and my self for the great losses that we have sustained by the Enemy the Iustices of the peace and Com. of Array in Cumberland and Westmerland I here attended the last winter 13. weeks before I could get the Petition presented to the House six moneths upon the Committee I waited before I could get any vote passed upon the Petition since the vote of the Committee was made which you are to report unto the House it is now nigh four moneths yet nothing done which makes me much fear that little good is intended us and that we shall be made more miserable in seeking the recovery of what we have lost then in losing the same undergo more hardship and be brought to greater straits by waiting on you then by lying in the Enemies prisons for you You know the deferring of Iustice in Law is holden for denyal of Iustice The Parliament put us to an oath to maintain the lawfull liberty of the Subject the Enemy because I would not joyn with them in the breach of it and in betraying my Country forced me into Exile and seized on that little Estate I had now again upon the report of M. Lisle after his many differings and puttings off even to the hazard of the losse of our Countrey and if Sir John Brown as is well known with his Scottish forces upon Cumberland forces deserting him by his valour had not prevented it the Enemy by some of our seeming friends who joyned with them had without any great difficulty no opposition being made by Col. Lawson effected their designs in that Country Of my pretended refusal to answer which I did not but onely desired the Interrogatories to advise of before I answered for matter of Law which contrary to Law he resused to grant me though earnestly desired all which may fully appear by my answer and reasons given for not answering then to the Interrogatories before the Committee and taken in writing by M. Lisle himself before the same Committee and some other members of the House and which was then read unto me am I again cast into prison and condemned thereunto unheard and my greatest fault if any be in this case is my Lawfull maintenance of our common freedoms and my doubting and desire to be resolved before I should act that which seemed to me then and now I know to be not agreeable to Law and here I lie in prison for this while Traitors and the grand Enemies to the State are by this means suffered to walk London streets even they of whom I complain for which I cannot but blame M. Lisle being thus injured by him and my Countrey almost undone For as Sr. Edward Cook well observeth it is the greatest Injustice when the Innocent is oppressed under colour of Justice whereby we ought to be protected I am perswaded that if that Honourable House by whom I was committed were truly acquainted with my suffering condition and knew the ground thereof they would not suffer me to lie in prison one day longer and if they rightly understood the unsetled state of our Countrey and what harm the neglect thereof hath been to both Kingdoms this and Scotland and what advantage to the Enemy and also what further evil may ensue thereupon I believe we had not been so slighted as we have been neither our Countrey men have had such just cause to have complained of delay and neglect as they by their letters to me sent daily do neither had the adversary I suppose been so born out As long as honest men are thus slighted neglected and kept under their just complaints thus delayed and suppressed while Traitors Papists and Delinquents be thus countenanced and protected as those of whom we complain have been and still are while the greatest places of trust and command are conferred on and continued in the hands of Traitors and the grand Enemies of the State as hath been and now is with us and still they are kept up in their Authorities while the Parliaments and the Kingdoms faithfull friends and servants are thus molested oppressed and shut up in prisons for their good affection forwardnesse and willingnesse to serve the State and their Countrey How can we expect the restauration of our ancient and long lost Liberties How can we look for an end of these our troubles While things are thus carried on little peace can be hoped for this poor and distressed Kingdom Let us no more cherish the Serpent in our bosom which having got strength will again wound us if not destroy us I could wish that these troublers and Enemies of our State against whom onely I inform and with whom I onely contend may no longer be suffered to escape but may be brought to condigne punishment according to the Law and merit of their