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A89430 Yet another word to the wise: shewing, that the lamentable grievances of the Parliaments friends in Cumberland and Westmerland. [sic] presented by their Commissioner, Mr. Iohn Musgrave, to the House of Commons above two years agoe, are so far yet from being redressed, that the House of Commons not only protecteth Mr. Richard Barwis, one of their owne members, from the law, being accused of high treason, as appeareth by the great charge against him in this treatise contained. As also against Sir Wilford Lawson, commander in chiefe of Cumberland, who betrayed that county into the enemies hands. ... But instead of doing justice either against them or other accused traytors to the common-wealth, they have most unjustly committed that worthy gentleman, Mr. John Musgrave, (their accuser and prosecuter to the Fleet prison) above these 12. moneths, ... Musgrave, John, fl. 1654. 1646 (1646) Wing M3155; Thomason E355_25; ESTC R201125 47,559 50

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it should be thought the Parliament should seeme to justifie or connive at these their lawlesse practises and oppressions vvh ch vve are ready in a legall vvay to make good according to our charge by forbearance and sufferance of them For it is a maxime in Law Qui non prohibit quod prohibere potest assentire videtur He that suffereth and hindreth not that vvhich he may let is conceived and said in Law to assent Let no such blot lye 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 ruine upon us and your selves by leaving us open to the Irish vvhich may the sooner invite Ormond to invade us vvith 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 poore Countrey let all Delinquents Traytors and men dis-affected all such as are tainted vvith 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 vvould not be in the vvorst of times carried away or corrupted through feare or losse of goods or hope of preferment to joyne vvith or submit unto the Enemy or act in a n●vtrality vvhich is holden for detestable Neglect of those parts may prove of dangerous consequence There and not vvell 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 I le of Man and so for Ireland from thence the Earle of Antrim had like passage and way into Ireland with the Royall Commissions for Cessation of Armes there which produced such sad effects in the Kingdome Monnesse made his way for Scotland twice that way to the great losse of that Kingdom he invaded Scotland and took Dumfrece hence the Earle of Newcastle had his first rise of his popish Army in the North and daily supplyes of men and moneyes till the reducement thereof by the Scottish Horse hence since the reducement the Enemy in Dublin and the I le of M●n ●had Cole and Victuals Here the whole Gentry are Malignants Delinquents Papists Popish or ●●se Temporizers Here not ten of the Gentry in bo●h these Counties nay I dare say not so many have proved Cordiall to the S ate 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 raignes more then in any Country now subjected to the State so long as the powers and authorities resides in the hands of such Neutrals Tempori●zrs Selfe-seekers Traytors 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 chiefe places of trust and command there though you had no care nor regard of us yet for your owne good prevent this mischiefe the which done may produce though little considered the fruit which may prove to bee a well grounded peace to the whole Kingdome Though neglect of us could be no prejudice to the publique 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 months together have been pressed on but by one Committee or other still frustrated and in Justice you cannot deny us audience and an equall triall either at the Common-Law or in full Parliament as in your wisdomes shall seeme best for the publique and our particular good for that the Law is our common birth-right which we may without offence J hope and do challenge and claime the benefit thereof and therefore we have no cause to doubt or be fearfull in putting our selves forth considering how that generall rule in Law is still in force Quod curiâ regis non debet deficere conquerentibus in justitia adhibenda That the Kings Court should never be ta●●ing to such as complaine in the doing of Justice And of Courts Jud●●iall we acknowledge the Parliament Supream which ever hath been and I hope still will be the great and faithfull up-holder of the common-Common-Law and of the rights and priviledges of all the loyall and true hearted Free-borne of the Kingdome 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 entreat you to present this my Petition to the House of Commons Mr. Speaker hath seene it and saith he will speake to it I could not prosse him further in respect he had formerly presented one for mee which was referred to the former Committee but by Mr. L●ste who is the Chaire-man suppressed and I could never heare 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 showne me kindnesse in his readinesse to do me this favour if by your meanes and the Justice of the House I may obtaine my liberty and our Countries cause put in a way of triall without further procrastination I shall not be unthankfull but ever rest Yours to serve and honour you JOHN MUSGRAVE From Fleet Prison this 25. of the twelfth moneth 1645. Errata PAge 1. line ● for Northumberland Read Westmerland p. 2. l. 13. for Sequestrators r. Sequestrations l. 24. for ●●tentright r. renantright p 3 l. 10. for of r. and r. 20. shillings p. 12. l. 23. for brethrens r. burthens p 14 l. 28. for 106. r. 10. shillings p. 16. l. 24. for lop r. Lordship p 18. l. 2. for hankes r. thankes l. 31 for warrer and warre p. 19. l. 1. for prime r. privy l. 22. for bluthwet r. Blaithwaite p. 21. l. 23. for might r. must p. 24. l 9. for mountaines r. mountainous l. 10. for 1000 r. 10000. l 11. for house r. hause l. 14. for slavesmore r. stainemore l. 19. for brethen r. beaten p. 34. l. 15. for against r. against them p. 37. l. 45. for del●nquish r. relinquish p 38. l. 34. for caroches r. coaches p. 39. l. 23. for put r. put us To the Right Honourable the Commons in Parliament Assembled The humble Petition of John Musgrave Gentleman Prisoner in the Fleet. Humbly sheweth THa● your Petitioner was halfe a yeare imprisoned by the Iustices of Peace and Commissioners of Array in Cumberland for
Yet another word to the Wise SHEWING THAT The lamentable grievances of the Parliaments friends in Cumberland and Westmerland Presented by their Commissioner Mr. Iohn Musgrave to the House of Commons above two yeares agoe are so far yet from being redressed that the House of Commons not only protecteth Mr. Richard Barwis one of their owne Members from the Law being accused of High treason as appeareth by the great charge against him in this treatise contained As also against Sir Wilford Lawson Commander in chiefe of Cumberland who betrayed that County into the enemies hands And after he was Commissioner of Array carried Men and Arms out of the Countrey for the King against the Parliament But in stead of doing justice either against them or other accused Traytors to the Common-wealth they have most unjustly committed that worthy Gentleman Mr. John Musgrave their Accuser and prosecuter to the Fleet prison above these 12. moneths without any kind of allowance to himselfe or Family or so much as any appearance yet of any faire hearing triall or deliverance Matters worthy all the freemen of Englands serious observation ECCLES 4.1 So I turned and considered all the oppressions that are wrought under the Sunne and behold the teares of the oppressed and none comforteth them and lo the strength of the hand of them that oppresse them and no man comforteth them Printed in the yeare 1646. To our honoured friend Mr. John Musgrave who through God hath done and suffered valiantly for Truth and Iusti●e and the Freedom of the Nation Grace and peace be multiplied SIR WHereas in the midst both of our own particular grievances and of the generall judgements which lik● the waves of the Sea do so succeed one another that they seem to strive which of them shall first make an end of this idolatrous and sinfull nation we look with sorrowfull hearts upon your deplorable conidition with all those that are nearest and dearest unto you and that for no evill but for your well-doing which tendeth greatly to all our comforts For in regard of your Fidelity Magnanimity and Constancy you were chosen by the wel-affected party in your Countrey to present their grievances to the House of Commons it being one of the chiefe ends wherefore the whole Kingdome hath chosen and assembled them But the house of Commons in stead of hearing and redressing your grievances have added new grievances unto those which formerly you have suff●red in their owne quarrel against the cōmon enemy they have unjustly imprisoned you these 12 months protected traytors amōgst themselves from the Law permitted them not onely to set up malignants and other traytors in chiefest places of trust and command in your Countrey but left an open passage there both for Montross and his wicked c●●e to goe through and opp●esse Scotland and for the Irish rebels to enter England so th●t by these and such means they hastened the desolation of both Kingdomes if God had not a gracious protection over his own and did not both continue Kingdoms and reprove Kings and States for their sakes Yet we shall rather with teares seek their repentance then their persisting in such courses seeing they are placed in lawfull authoritie and have a good cause though they seek too much their own and too little the Kingdomes good in managing it and that they might be first reformed at home amongst themselves before they goe abroad to reform others otherwise if they shall still advance themselves and not heare the cries of the poore nor pitie the Widow and Fatherlesse nor the heavie groanes of the oppressed nor the sighes of the prisoners they themselves shall cry and not be heard And as for their lamentable submission to the Bishops servants the Presbyterian Synodians as if the servant were above the Lord in establishing that wil-worship and Popish maintenance which now themselves do well know to be jure Di●bolico through these blinde guides their Diviners and Sooth sayers inability to answer their querees wherby to prove themselves ●ure divine surely if they will notwithstanding obstinately persist in such wilfull dangerous and unwarr●n●●bl● courses not being any longer blind folded as at first it might have seemed they will doubtlesse shew themselves to be fighters against God his truth and p●ople to the●r own destruction without speedy conversion Farewell Articles and Propositions for the Counties of Cumberland and Northumberland INprimis That Sir Iohn Lowther and Sir Philip Musgrave procured the Commons of Westmerland to subscribe the Petition to the King at Yorke as Sir Richard Greham and the Gentry there did the Commons in Cumberland and went to the King at Yorke to tender their service which is conceived to have more insited his Majesty to take up Armes 2 That about 1000 within the Barony of Kendal about the same time petitioned the Commons House of Parliament thereby tendring their service and would have stood for the Parliament as many more in the said County who had provided Armes for that end if _____ would have joyned with them which they would not doe yet then professed to be for the Parliament whereby the Commons were deceived and so more easily by Sir Iohn Lowthers policy and Sir Philip Musgraves threatnings brought under the power of the Commissioners of Array 3 That the Committees for Westmerland appointed or the greater number of them are eyther such as Joyned with the Enemy by Contribution or otherwise or are Tenants to the Delinquents there and such as have not and is feared dare not oppose themselves against the Delinquents in any great businesse 4. That _____ is joyned to the enemy is a great Delinquent now _____ and now made Commander in chiefe in Westmerland as is said wherby complaints will not bee so well heard against the Delinquents neyther are the Delinquents estates Sequestred there which is the cause of great taxes and heavy seasements upon the Commons 5. That Richard Barwis Esq a member of the House of Commons and one of the Commissioners for both Kingdoms at his being at Edenburgh with the consent and advice of Iohn Hodgson who was protected in his estate by the enemy was the first man that drew Brough Barony to submit to pay contrybution money to the enemy appointed named for Commit●ees in both Counties men then in actuall rebellion and such as complied with the enemy 6. That said Mr. Richard Barwis from Edenburgh sent sundry letters to the Commissioners of Array in both Counties by the said Hodgson to be conveyed to them which was done accordingly 7. That most of the Committee appointed for Cumberland are Delinquents and such as have dependance upon the enemy and have not opposed themselves neyther dare displease the Delinquents there against whom Mr. Barwis would not heare nor receive complaints brought unto him 8. That the Sequestrators are such like and many of them of the same Committee 9. That the Commander in chiefe Sir Wilfride Lawson over the forces in Cumberland now
Westmerland 27. 1. Moneth 1646. Sir I humbly thank you and your people for your kindesse to our brother Musgrave and I desire of you to have a good esteeme what ever be said to the contrary for his fidellity will aloud preclaime it selfe to the world to the trouble no doubt of oppressors The Copy of a letter sent by Master Isaac Autrobus Minister of Egrement in Cumberland to Mr. William Ben Minister at Lambeth upon the 27. of the first moneth 1646. Deare Sir THe burthen of the ministrie as you partly know for I did discover my minde unto you lyeth heavy upon me you see the Lord hath revealed the unlawfulnesse of our calling to the eye of the world and now that wee are upon chang●ing it were good that wee should learne the right and infallible way to Zion for then the Lord hath promised a blessing and life for ever more I would doe as much as the most of our Cumberland ministers but I have in my eye that which they want I desire you to be a meanes to helpe me to acquire meanes for my livelyhood I have written to Master Burroughs for his help herein and to your selfe but I feare all have miscarried I was indebted before the times of tryall but these have added to my load Twice was I plūdred by Sir Chri. Lowther John Senhouse before the Parliaments forces came here but the Lord Digby his forces swept all away It cost me for the Parliamēts service this last yeare a hūdred pounds which I think cordially well bestowed I have complained to our Committee for some relief for the losses I suffered by the Enemy but no help from them Wee have now in Cumberland very cruell times The present government here by our Majestrates seemes to be matter of policie rather then of justice as one kinsman goes out of office on the Kings side another comes in for the Parliament and so the match is made up againe the oppressors are only chāged but the oppression continues justice falls in the streets corruption prevailes those few that be reall for the Parliament are quite discouraged so that the Cavaliers carryes it stil the honest religious men about Broughton are beat and imprisoned c. so that I feare our misery in Cumberland is but beginning If the Parliament would doe that for us which they have done in other Counties wee might yet enjoy happinesse viz. send downe Magistrates that have no kinted here then its like there would not be so much partiality You may be a good instrument for your Country if the Lord move your heart you shall Sir I desire you to consider of these rude lines and to lend me your helping hand You have done good to me and your Country Go on and the Lord the al-director prosper you with the tender of my thankfulnesse and loving affections to your selfe I remaine Yours in the surest bond Isaac Autrobus Egrement 27 of 1. Moneth 1646. The Coppy of a Letter written to one of the House of Commons Sir I am bold to be trouble some unto you in acquainting you with the cause ground of my sufferings which are largely set forth in my letters and petitions published to the view of the world what is mine I am ready to owne Other things of the publishers or printers I owne not yet as I doe not justifie them in their doings so I will not condemne them for truth is still truth by whomsoever it is spoken The severall charges the Scotish papers with my reasons for not answering without deliberation and advice are in the hands of Mr. Lisle and the coppy of such other things as are in my hands I have sent you I am still ready to answer such interrogatories as shall be propouded to me agreeable to Law but I cannot consent to betray the trust which my Country reposeth in me neither give way to prove my charge I have already avowed with my partner untill the parties accused have answered yet if the same be referted over to the common law as I have proved in my letter to Sir Arther Haslerig it ought to be I am ready to prosecute and make good the same or else to suffer profalso ●●more It is strange that I cannot have the parties accused brought to answer nor delivered up to the law when as daylie the Committee of Examinations commits and then puts them to answer in criminall causes before any charge be brought in against them as I my self was committed and so brought before that Committee I desire to know the Houses pleasure whether I may have the benefit of the law and be admitted to proceed in prosecuting my Countries cause if not then I desire I may have my liberty with satisfaction and reparation for my losses from Mr. Lisle for my imprisonment which I have vndergon upon his untrue report What the state and condition our Country is in you will better understand by these papers here enclosed and by this our Counties petition to the House which I desire you to present or returne to me againe The not redressing of our Countries grievances makes their adversaries insult over them and they are now under far more heavy pressures then formerly they were under the Kings partie our neighbour Countries are very little better as I am given to understand in Bishoprick Sir George Vane a notorious delinquent and a professed enemy to the state is now made high Sheriffe by an Ordinance of Parliament and so the posse Comitatus committed to a traitor to the great griefe of the well affected party there Yorkshire is in no better condition as appeareth also by their petition How those things answers the Parliaments under●akings promises oathes and protestations I leave it to your selves to judge The revolting Welsh may be a caution to you to commit such high commands and trust to any that have formerly joyned with the Enemy Sir I pray you as you tender the good of the State such as feare God let these things be timely amended and let these Achans and troublers of our State be brught forth and taken out of the way and deliver us from our oppressours and as wee have never been unfaithfull to you so you shall not find us unthankfull My liberty is very deare unto me yet little comfort should I have in it unlesse our Countrie be likewise freed from Tyrants and oppressors I understand there is an Order for my freedome upon bayle I desire either to come forth a freeman and justified or else I am willing still to continue prisoner till the House bring me forth unto triall Only I desire that the House would take some care for my provision and maintenance and that I may not be given up into the hands of spoylers as I was of late for two of the Sergeants men of your House under pretence of a warrant from the Committee of examinations to search my lodging for books intituled Another word to the wise would have
robbed and taken from me my historie and Law bookes Bible and writings if by Gods help I had not by strong hand prevailed against the Warden of the Fleet refusing to joyne with them in any such wicked act though they imperiously commanded him to assist them which he rather did because he saw me willing to give way to their search even to my very shirt in obedience to their warrant Sir I carnestly intreat you to take into your serious consideration what evill may ensue to the State and what reproach and evill report it will bring upon that Honourable House in denying us justice and suffering the Enemy thus to insult over us and how by thus slighting your friends yee both strengthen the hands of your adversaries and weaken your selves However God will not be mocked who is righteous in all his wayes will revenge the quarrell of his Saints to whom formalities and bare professions are alwaies hatefull without real tie and sinceritie therfore whatsoever things are true whatsoever things are honest whatsoever things are just whatsoever things are pure whatsoever things are lovely whatsoever things are of good report i● ther be any vertue and if there be any praise think on these things and then doubtlesse God will prosper you which is the earnest desire of him who is Yours in all due respects John Musgrave Fleet prison the 4th of the 3d Moneth 1646. Another Letter to Sir Arthur Haslerig Sir I Hope by my former letter which I sent you that you are satisfied of my integrity and end in applying my selfe to the Scottish Commissioners for the preferring my Countries cause to the House of Commons And for after time I desire you not to be so credulous and forward as to condemne or mis report any espcially such who have so dearely undergone and approved themselves by so many hazards for the publique as I have done and shall be ready upon all occasions when the same shall conduce to the good of the Common-wealth Upon the bare report or suggestion or rather Clandestine recrimination of the adversary It troubles me not a little after so many perils and sufferings undergone that not only I here but likewise your faithfull friends in the Country are cast into prison for no other fault wherewith they can be charged but for their good affection and readinesse to doe you service whil'st the common Enemyes and Traitors to the State are set and doe rule over us contrary to all Law and justice I expect from you as you are intrusted for the publique and so consequenly engaged to preserve the right of every free-man of this Kingdome chiefly such as have suffered with and for you that without any further begging or puttings of that forth with you present my petition to the House of Commons which I formerly sent you that it be your care not to suffer me any longer to languish in prison nor the Militia with us nor any other commands and offices be any longer continued in the hands of Traitors and Delinquents against whom we have already petitioned and articled and that they be such is well knowne to some of your members and officers of the House of Commons that just ce may no longer be denied us being the expected fruit of all our troubles other ingagements and for which and no other end you sit there and we have foughten otherwise if you faile us herein wee have just cause to complaine of you and you will discover your selves to be such as have set up and make your selves great by the casting downe and ruining them who have chosen you and have adventured their lives and forsaken all for your sakes which if you doe it will prove in you the height of ingratitude but I hope better things from you and could wish that I may have no cause hereafter further to doubt of your reallity and faithfulnesse in the due performance of your great Oath whereby you have bound your selfe to preserve and uphold the just liberties of the subject which are dayly so much encroached upon and to assist us to your utmost endevours to bring to condigne punishment the enemies and Traitors to our Country and in so doing I shall subscribe my selfe Yours as I am the Common-wealths Servant JOHN MVSGRAVE From Fleet prison the first moneth of my Captivity for my Countries cause and freedom Sir WEE of the Church at Broughton in Cumberland are all well at present though in a marvellous suffering condition from our adversaries the Lord hath been and is pleased to adde unto his Church dayly Wee need not to desire your assistance for our liberty for wee are confident of your unwearied endevours therein Wee are glad to heare of your courage for your Country you have our Praiers for the effecting of what the Lord hath determined for us and wee believe that the Lord Christ who hath begun this good work in you will perfect it and bring downe the enemies of his truth wee desire you to go on be not discouraged strengthen your selfe and then prosper with the remembrance of our loves we remain your loving brethren Mungo Rothero John Bowman John Robinson In the behalfe of the Church at Broughton The 21. day 4. Mon. 1646. Worthy Kind Coz. Rigby I Humbly thank you for your favour and good will in my businesse shewed to my Sister whom I not being able my selfe got to go to seeke relief for me in the high Court of Parliament having been my selfe and my Father in whom I also sufferextreamly and seldom the like heard of opprest by one of their intrusted Servants being as I think made by the Parliament a Deputy Lieutenant of our Country a Committe man Lieutenant Colonell in effect Colonell all which I take it Mr. Holcraft profest himselfe to be and made use of these powers to the ruine of my Father my selfe and his family as farre as in him lay I am not acquainted with the Lawes of the Kingdome in that point but I am sure by the Law of God he ought to suffer death for violently with the Parliaments Troops under him stealing and carrying a way my Nephew my Fathers apparent Heire to my Nephews extreame grief and terrer and all ours for my felfe I have often heard of Magna Charta for which and Religion I have freely ventred all I have so that when wee sent in the begining of these times all the little plate wee had I durst not in conscience keep back so much as the handle of my Fanne and ever since wee have to the utmost of our power shewed our loves and service to the Parliament and knowing and feeling the state of the kingdome doe not now or at any time petition for payments or rewards but being free-borne subjects I humbly petition for the benefit of that great Charter and of the good Acts made by this honourable Parliament especially that of the eigth of this Kings Raigne as I heare intuled an Act for the taking away of