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A89429 A word to the vvise. Displaying, great augmented grievances, and heavie pressures of dangerous consequence. Appearing, by certain materiall weighty passages of speciall concernment. Remonstrating, the great dangers which the counties of Cumberland and Westmoreland are in (though now in the hands of the Parliament) but like to be possessed by the enemy, who aimeth at it, above all other landing places, from foraign parts; the said countries being more hazardable, sith that Mr. Richard Barwis (a member of the House of Commons) hath ... betrayed his trust, and placed traytors, and disaffected officers in the said counties, ... All which being certified by Mr. John Musgrave, Commissioner, ... who gave in the charge against Mr. Richard Barwis. And the House having referred the same to a committee, instead of prosecuting the charge brought against the said Mr. Barwis, Mr. Musgrave aforesaid was illegally committed to Fleet Prison ... Musgrave, John, fl. 1654. 1646 (1646) Wing M3154; Thomason E318_5; ESTC R200548 16,104 19

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just complaints thus delayed and suppressed while traytors 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 traytors 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 Kingdomes 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 o● little peace can be hoped for to this poore and distressed Kingdome Let us 〈◊〉 more cherish the Serpent in our bosome which having got strength will againe wound us if not destroy us I could wish that these troublers and enemies of our State against whom onely I informe and with whom I only contend may no longer be suffered to escape but may be brought to condigne punishment according to the Law and merit of their offences lest by others faults the Parliament should suffer in their credit lest that it should be thought the Parliament were offended with us 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 oppressions which we are ready in a legall way to make good according to our charge by forbearance and sufferance of them For it is a maxime in Law Qui non prohiber quod prohibere potest assentire videtur he that suffereth hindreth not that which he may let is conceived and said in Law to assent Let no such blot lie upon that honorable House let not the potency of our adversaries over throw the justnesse of our cause neglect us no more lest besides the blame and outcries for justice you bring ruine 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 tended the good and quiet of the State timely provide for this and have respect to our poor Countrey let all delinquents traytors and men disaffected 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 bee in the worst of times carried away or corrupted through feare or losse of goods or hope of preferment to joyne with or submit unto the Enemy or act in a neutrality which is holden for detestable Neglect of those parts may prove of dangerous consequence There The Ports Whitchurch VVorkington in Cumberland open to Ire●and and not well elsewhere in the North may the Irish and at their pleasure and daily are expected there from thence Digby by conveyance 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 that Kingdome Montrosse made his way for Scotland twice that way to the great losse of that Kingdome he invaded Scotland and tooke Dumfreeze hence the Earle of Newcastle had his first rise of his popish Army in the North and daly supply of Men and Monies till the reducement thereof by the Scottish Horse thence since the reducement the Enemy in Dublin and the I le 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 ●ay I dare say not so many have proved Cordiall 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 raigne more then in any Country now subjected to the state so long as the powers and authorities resides in the hands of such Newtrals Temporisers 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 sodain indanger the losse of the whole North by the helpe of that popish faction in those parts who have got in their hands the cheife places of trust and command there though you had no care nor regard of us yet for your own good prevent this mischeife the which done may produce though little considered the fruite which may prove to be a well grounded peace to the whole Kingdome Though neglect of us could be no prejudice to the publike which will be of no small concernment as I have already showne yet the redresse of our Countryes greevances in common equity ought not to be so lightly passed over all which hitherto but all in vaine for fourteen moneths together have been pressed on but by one Committee or other still frustrated and in Iustice you cannot deny us audience and an equall tryall either at the common Law or in full Parliament as to your wisedomes shall seeme best for the publike and our perticular 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 failing to such as complain in the doing of Justice And of Courts Iudiciall we acknowledge the Parliament supream which ever hath been and I hope still will be the great and faithfull upholder of the common Law and of the rights and priviledges of all the loyall and true hearted freeborne of this Kingdome I pray you good Sir peruse these papers and Copies of Letters the Originalls I have all except two which Mr. Blaxston hath to whom they were sent and deliverea withall I would intreate 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 presse him further in respect he had formerly presented one for me which was referred to the former Committee but by Mr. 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 Mr. Hobkins the Warden of the Fleet which hath shewn me
Authority there which by this honourable House was referred to a Committee wherof M. Lisle is Chair-man who would have examined your Petitioner yet refused to give him any time to advise for his answer to the great obstruction of Iustice (a) Rotul Parl. 1 M. 4 Num. 1.16 Iacob the Lord Carew case Cook 2. part ●nst on Mag. chart ● 29 〈◊〉 25. E 3. 〈◊〉 4. ●8 E. 3. c. 3 ●7 E. 3. c. ●8 ●2 Ed. 3. ● 3 〈◊〉 E. 3. c. 9. 〈◊〉 4. E. 3 c. 〈◊〉 4 Cook Inst 〈◊〉 par upon ●●agn Ch. 〈◊〉 26. 29 which the Law alloweth in Cases of Treasons Fellonies c. That upon the report of the said Mr. Lisle of your Petitioners pretended refusall to be examined your Petitioner though b he was not in that case compellable to auswer was the 28. of Octob. last committed to the Fleet by an Order of this House for a supposed contempt neither as yet hath the said Committee taken your Petitioners Cause into consideration the same being again referred unto them upon a Petition and Letter presented to this honourable House by Mr. Speaker the 8. of Novem. last And the said Mr. Lisle hath ever since absented himself of purpose as your Petitioner conceiveth to retard your Petitioners proceedings whereby Iustice is much delayed to the dishonour of this high and honourable Court of Parliament c which tendeth to the destruction of your Petitioner by imprisonment being exhausted and brought to great straits by his former long and fruitlesse attendance upon the said Committee besides the great griefe and discouragements which the well-affected of his Country have received therby doubting what things will come unto being thus long delayed and put off Your Petitioner humbly prayeth in regard he is ready to prosecute his ●arge sec legem terrae if he may have his liberty and the benefit of the law which your Petitioner holdeth to be his (d) 9. H. 3. c. 29. 5 E. 3. c. 4. 37. Ed. 3. c. 18. Cook par 2. Instit Marl. peramb c. 1. birth-right and best inheritance the same being that golden Rule and Meet-wand to measure out e●●●nally Justice to rich and poor alike that Justice may be done to your Petioner according to the great Charter of this Kingdome it being the chief-Pillar Supporter of the Fabrick of this Common-wealth confirmed by (e) Status Abolish Star-ch 17. Caroli This and so many (f) 34. E. 1. c. 4. Petition Right 3. Caroli Parliaments preserved hereunto by the effusion of so much English (g) Parl. Protest 5. Maii 1645 bloud to the conservance defence whereof this honou●ble Parliament hath tyed Us and your Selves by so many Bonds and Commants Oaths and Protestations as your Petitioner hopeth you will invio●bly uphold still the same And not suffer your Petitioner to be any longer subjected to the (h) Co●k Inst par 2. Magn. Ch. c 29. dilatory and partiall tryall by discretion of any Committee but may have Justice administred to him by that pretious and ordinary tryall per legem terrae Iohn Musgrave 6. Decemb. 1645. The Copy of a Letter written to Sir Thomas Withrington one of the Burgesses for Barwicke from Mr. Iohn Musgrave prisoner in the Fleet. SIR I Expected ere this to have heard of your report to have beene made to the House upon the vote passed for Mr. Crakanthrope and my selfe 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 Committe I waited before I could get any vote passed upon the Petition since the vote of the Committee was made which you are to reporte unto the House it is now nigh four moneths yet nothing done which makes me much feare 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 loosing 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 differring of Iustice in law is holden for denyall of Iustice The Parliament put us to an oath to maintaine the lawfull liberty of the Subject the Enemy because I would not joyne with them in the breach of it and in betraying my Country forced me into Exile and seised on that little Estate I had now againe upon the report of Mr. Lisle after his many differrings and putings off even to the hazard of the losse of our Country and if Sir Iohn Browne as is well knowne 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 joyn● with them had without any great difficulty no opposition being made by Collonel Lawson effected their designes in that Country of my pretended refusall to answer which I did not but only desired the Interrogatories to advise of before I answered for matter of Law which contrary to Law he refused 〈◊〉 grant me though earnestly desired all which may fully appeare by my answer and reasons given for not answering then to the Interrogatories before the Committee and taken in writing by Mr. Lisle himself before the same Committee and some other members of the House and which was then read unto mee am I againe cast into prison and condemned thereunto unheard and 〈◊〉 greatest fault if any be in this case is my lawfull maintenance of our Common Freedoms 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 lye in prison for this while traytors and the grand Enemies to the State and by this meanes suffered to walke London streets even they of whom I complaine● for which I cannot but blame Mr. Lisle being thus injuried by him and my Country almost undone for as Sir Edward Cook well observeth it is the greatest Injustice when the Innocent is oppressed under colour of Iustice whereby he 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 lye in prison one day day longer and if they rightly understood the unsetled state of our Countrey and what harm the neglect thereof hath been to both the Kingdomes this and Scotland and what advantage to the enemy and also what further evill may ensue thereupon I beleeve we had not been so slighted as we have been neither our Countrey-men had had such just cause to have complained of delay and neglect as they by their letters to me sent daily doe neither had the adversary I suppose been so born out As long as honest men are thus slighted neglected and kept under their