Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	honourable_a	house_n	petition_n	3,157	5	9.0634	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25494	Another word to the wise, shewing that the delay of justice is great injustice by displaying heavier grievances in petitions from severall counties to the House of Commons and letters to Parl[i]ament men, from Mr. John Musgrave, Gentleman, one of the commissioners from Cumberland and Westmerland, for presenting their grievances to the Parliament, who, instead either of redressing those two counties grievances, or prosecuting the charge given in by him against Mr. Richard Barwis, a Parliament man ... did illegally commit the said Mr. John Musgrave to the Fleet, where he hath lain these 4. moneths without any justice on tryall of his businesse ...	Musgrave, John, fl. 1654.	1646 (1646)	Wing A3274A; ESTC R17785	19,085	18

ANOTHER WORD TO THE WISE Shewing that the Delay of justice is great injustice By displaying heavier grievances in petitions from severall Counties to the House of Commons and letters to PARLAMENT Men from Mr. John Musgrave Gentleman one of the Commissioners from Cumberland and Westmerland for presenting their grievances to the Parliament Who instead either of redressing those two Counties grievances or prosecuting the charge given in by him against Mr. Richard Barwis a Parliament man for betraying his trust in placing Traytors and Malignant officers in chief places of command to the apparant ruin thereof and landing of the Irish Rebels there did illegally commit the said Mr John Musgrave to the Fleet where he hath lain these 4. moneths without any justice or tryall of his businesse For refusing to answer Interrogatories otherwise then according to law by writing or to stoop unto the arbitrary and illegall proceedings of a Committee who admitteth the parties accused to sit with their hatts on and committeth the accusers to prison though they themselves doe offer to suffer if they prove not their charge by sufficient witnesses Though hand joyne in hand the wicked shall not be unpunished The righteous is more excellent then his neighbour but the way of the wicked will deceive them He that justifieth the wicked and he that condemneth the just even both these are abomination to the Lord Pro. 11. 21. and 12. 26. and 17.15 Printed in the Yeare 1646. To our worthy and much respected friend Mr. Iohn Musgrave Sir AS time that precious jewel bringeth forth the truth of all things so have we gained more knowledge of your just cause and uniust sufferings since we published your last letters and Petitions under the title of A word to the Wise for we have not only received more letters and Petitions which we have here also divulged but likewise the coppie of an order from the House of Commons against that little booke of which order the words are these Die Martis 17. Ianuary 1645. The house tooke notice of a Pamphlet intituled A word to the Wise displaying great augmented grievances and heavie pressures of dangerous consequence And it is ordered that it be referred to the Committee of Examinations who are required to make a strict inquirie after the Author Printer and divulger of the said Pamphlet and to give a speedy accompt thereof to the House Here is a word to the Wise indeed a great noise of hue and cry for a man that like worthy Nehemiah never ran away Jt is a wonder that those few men should thinke all other men blind but themselves What Butcher is so idle and undiscreet as to send his blood-hounds abroad to drive home an Ox which he knoweth is already in his own back shop Only it may be that some time he will make great search for his knife whilest it sticks in his teeth And is it not as great a wonder that they doe offer thus to search abroad for the Printer and divulger of that booke and not seeke their owne fleet prison at home for the Author Mr. Iohn Musgrave and owner of the chiefe parts thereof whose name is so eminent and often therein expressed Jt is most certaine that such dealing cannot long prosper more then Zimri did who killed his master But be of good comfort the same God who sent the Ravens to feed Eliah Ebedmelech the black-more to comfort Ieremiah King Pharoahs baker to deliver Ioseph will have the like care of you and all that stand in the gap either for religion or the just freedome of the nation Great cause have we to be jealous of many whom we have trusted with all that is nearest and dearest unto us in this world and in whose defence so many thousands of lives and such abundance of treasures have been spent and such multitudes of Widowes and Orphans left in distresse and still though persecuters and oppressors be changed yet both persecution and oppression remaines For although the Counsell-table Star-Chamber and High Commission be put down yet all the free born of this kingdom● doe feele the power thereof transformed in another habite and still remaining in the Committees as is too apparent by their manifold illegall proceedings to enslave us But our comfort is that though the world should turn upside downe and the mountaines fall into the sea yet it shall be well with those that feare God Fare well The Copy of the Commitment 25. Octob. 1645. Upon Mr. Lifles report from the Committee to which the Informations given in by Mr. John Musgrave and Mr. Osmotherly against Mr. Barvis a Member of this House was referred Mr. Musgrave refused to answer such Interrogatories as were propounded unto him by the Committee upon the Direction and Order of this House Resolved c. That Mr. John Musgrave be forthwith committed prisoner to the Fleet for his contemptuous refusing to answer to such Interrogatories as were propounded unto him by the Committee upon the directions of this House and that a Warrant do issue under M. Speakers hand for the Commitment of him prisoner to the Fleet accordingly Hen. Elsyng Cler. Parl. D. Com. By vertue of an Order of the House of Commons dated 25. Octob. 1645. These are to will and require you forthwith upon the receipt hereof you apprehend the body of Mr. John Musgrave and him safely deliver unto the Warden of the Fleet there to be kept prisoner for his contempt to the said House untill the said House take further order therein And the said Warden of the Fleet is hereby required to receive into his custody the said John Musgrave to be kept prisoner accordinlgy for which this shall be your warrant dated 27. Octob 1645. WILLIAM LENTHALL Speaker To the Serjant at Armes attending the House of Commons or his Deputy And to the Warden of the Fleet or his deputy I do appoint George Bragg Gentleman to be my lawfull Deputy to execute this Warrant dated 27. Octob. 1645. Edward Berkhead Serjant at Armes The 27. day of the first moneth 1646. there was a petition out of York-shire presented to the Parliament whereof the true copy here followeth To the Right Honourable the Knights Citizens and Burgesses assembled in the Commons House in Parliament The humble Petition of many thousands of the Wel-affected in Yorkshire Sheweth THat they ever looked on the Parliament as the only refuge under God in this Kingdome for the relief of the distressed Subject from Popery tyrannie and injustice and therefore have in and for the defence of Religion the priviledges of the Parliament the rights and libertie of the Subject ventured their lives spent their estates and have been plundered of their goods even to the utter undoing of many of their wives children c. That of late many of the Kings partie some who have been in Arms in open rebellion against the Parliament others who have stood as neuters waiting to side with the stronger partie and no way assisting the Parliament

telleth us how treasons are to be tryed saying there is another excellent branch of a statute made 1. et 2. Philip et Mar. cap 10. in these words Be it further inacted by authoritie aforesaid that all tryalls to bee had awarded or made for any treason shall be had and used only according to the due order and course of the common law which Statute is yet still in as great force as first when it was made the same never being repealed for according thereunto yee tryed the Earle of Strafford since this present Parliament began who had as good right to have challenged his priveledge and exemp●ion from the common law if any such appeale had been as ever Mr. Barwis had or any other who so ever and which doubtlesse hee would have done and you have granted At whose tryall I was and you made use of mee as a witnesse against him where I was examined viva voce upon oath the Earle himselfe having first answered his charge according to law Whereby you may perceive it is plain and evident that this our cause and charge is not proper nor pertinent to be tryed by any Committee who are not authorized to administer an oath whereby to put an end to any controversie but altogether such courts of iustice as are inabled to begin and proceed and end in a iudiciall way per legem et consuetudinem Angliae by the law and custome of this realme For no priveledge of Parliament can hold or be pleaded in cases of treason fellony and the peace Cooke 4. part instit. fol. 15 Herein there only remaines then to be done on your parts ro give up your delinquent members to the law and we on our parts according to the same law to make good our charge by adue and legall prosecution And whereas you say that I have combined with the Scotts and drive on their wicked desigoe give me leave to tell you that I being driven into exile through the crueltie of those unnaturall vipers and traytors of my owne countrey who joyned with the popish conspirators in this great rebellion to ruine our state and countrey they thirsting after my blood and thinking to devoure me profered large sums of money to such as could apprehend me I was forced to fly for my life not being able of my selfe to resist their fury After these your Committee men with us had shamefully desarted me and this iust cause of the kingdome and adhered to the enemie I having then no other way open nor apparent meanes to escape with much difficulty and more danger got by Gods good providence into Scotland where I indured no small tryalls and troubles through the malignancie of some of their Ministers and such as they sturred up against me taking occasion upon my non conformitie and refusall to come to their assemblies and high places unto which I could not submit nor ioyne my selfe But after much and long strugling and contention with these Ministers in the meane time labouring to walke inoffensively towards them and all others in all other things by the private meanes and secret intelligence of some of my faithfull friends in England then in bonds for the Parliaments cause I discovered severall designes of the enemie and our gentry against that state for which I found such favour from the Magistrates there that the governour of Drumfreis did take me under protection and defended me from the persecution and violence of my adversaries there wherein he shewed himselfe to be truly noble and for which I cannot but acknowledge my selfe to be much bound unto him yea and the more in that neither I nor any of my iudgement have received the like duty of love at home notwithstanding the discoveries and all the faithfull services we have done neither sparing our blood nor regarding our estates for the good of the publique After the reducement of Cumberland by the Scottish horse upon my returne thither from Scotland being in exile a yeare and a halfethere some of Mr. Barwis favourers bosome friends who knew me in Scotland and of the good service I had done there threatned to root out me and all of my iudgement in our countrey Neither did Mr. Barwis himselfe regard any honest man there though here as I am informed he pretends to be an Independant but h●ld up and countenanced the booke of Common prayer that English masse notwithstanding all his solemne oaths covenants and protestations against it and likewise did put in the greatest places of trust and command with us traitors and malignants and men disaffected to the publique good of this kingdome All his owne kinred being such whom he thus endeavoured to promote and make great wh●rof we complaining to him were altogether slighted and those our enemies his friends kindred and allyes borne out and continued by him in their authorities neither would he give us any kind of assistance for ●eleiving some honest and godly men who had been kept long and were then still prisoners in Carlile by the enemie for the Parliaments cause and who afterwards by the helpe of the Scotts were relieved out of prison whiles I was at London soliciting this our countries cause some of them being of the separation Sir I was the last Winter here in Town above 3. moneths expecting that Mr. Blaxton one of the Burgesses for New-Castle according to his undertaking would have preferred my petitions and charges against Mr. Barwis and other enemies of our Countrey which he did not And upon my return to the Country Mr. Blaxton promised that in my absence with the first opportunitie he would present to the honourable house of Commons those my petitions and countrey grievances wishing me to encourage my Countrey men to presse on our just complaints and he would bee assisting unto us and likewise I solicited some of the Committee of both Kingdomes at Goldsmiths Hall namely Mr. Moyer and Mr. Allen now a Parliament man who also promising much but after 5. weeks attendance upon them by their owne direction they performed nothing Where by the way I desire you to take notice that in all this time whiles I thus attended with great wearinesse much discouragement and no small expences I did not so much as interchange one word with any of the Scots Comissioners neither was I known to any of them by face But upon our returne againe from our Country to present our grievances with severall Letters to Mr. Blaxton to that purpose we found him changed and become our adversary which did not a little trouble us in respect of the interest which we conceived we had in him But afterwards by means of one Mrs. Glancrosse a gentlewoman well known to many of our friends of the Separation after we had beene in Town sundry weeks were made known to the L. of Wariston one of the Scottish Commissioners who upon perusall of our severall charges against those our adversaries did promise that he would use his endeavour to get the same

as you are pleased to tearm it I pray you if you suspect any such thing and yee know it not fully why do not you either ask themselves for they are old enough or else deal with them for ye call them brethren yea and not only have solemnly sworne and covenanted with them your selves but urge all of this Nation under your power so to do and therefore lay the blame on those who ought to bear it but never on me nor any of my judgement because both ye and the Scots know well enough that we are not minded to submit to their Presbyterian government what ever it cost us so if that be the wicked designe you mean for neither do I know nor I suppose themselves intends any other you are very much mistaken in me for I and all of my mind are rather adjudged to be sufferers then any wise accounted to be actors therein as you very well know by all our writings and practices in which you have already condemned us though you would never give us a fair hearing nor convince us according to the word of God as may appear in that little book called The lawfulnes of the Scots comming into Engl●●d pag. 6. reas 6. Where it is said at the accomplishing of this blessed Reformation there intended as both their and your ministers the true drivers on of such wicked designes if any be are pleased to call it even that there shall not be a papist separatist nor sec●●ry any more mentioned if this be not the meaning of that place being paraleld both with your and their practises since then I desire that there might be a toleration in the one according to the word of truth and a resolution in the other according to equitie and reason however go on and do what you please I and other● of my judgement will rest upon God who will make all things work together for the best unto those that fear him Farewell John Musgrave To the right Honourable the Knights Citizens and Burgesses of the Commons House in Parliament assembed The humble Petition of John Musgrave Gentleman prisoner in the Fleet Sheweth THat I with one Iohn Osmotherly were intrusted by the Parliaments friend● the well affected party in Cumberland and Westmerland to present their grievances to this honourable House by reason of the plots and cruel oppressions of some who have formerly betrayed their trust stirred up the King to this unnaturall war borne armes with the King to destroy this honourable Parliament and such as stood for them put in execution the Commission of Array and other illegall taxes and forced the free-born people of this kingdome to an arbitrary government all which persons have been declared by this present Parliament to betraytors by the fundamentall laws of this Kingdom the Parliaments owne words in the book of Declarations fol. 260. are these Resolved upon the question That whosoever shall serve or assist him meaning the King in the wars against his people are traytors by the fundamentall Laws of this Kingdom and have been so adjudged by two Acts of Parliament and ought to suffer as traytors 11. Rich. 2. and 1. Hen. 4. But so it is that these persons upon the comming in of the Scottish Army the Countrey being reduced to the obedience of the Parliament are now set up in the chief places of trust and command by the Commissioners of that high and honourable Court sent into the countrey by which means they are enabled to cover and protect all such as have formerly joyned with them ●n these bloody wars and to oppresse the Parliaments friends the well affected partie as much now or more then when they were open professed enemies bearing armes for the King And I with others having presented our Countries grievances to Mr. Richard Barw●● a Member of this honourable House and Burges for the City of Carlile and to the rest of the Commissioners in the Countrey who sat up these men in military affair●● and Committees for Sequestrations and other taxes but they affording no relief to us 〈◊〉 to the well affected of both these Counties desired and procured me and my fellow commissioner to present their grievances to this honourable Parliament hoping for reliefe according to their protestations declarations subscriptions oaths and covenants to ease the opressed and punish the oppressors where I have attended since April last besides three moneths the last winter using all lawfull meanes that I and the other Commissioner could both to members of this honourable House and certain of the Committee of both Kingdoms and diverse common Councell men of London to get this our Countries cause put into a legall way of tryall but still being frustrated of presenting the same to this honourable House in the moneth of Iune last by a providence we came to be acquainted with the Scottish Commissioners who perceiving that the setling of those two Counties would be for the good of both Kingdom● undertook to assi●t us and to deliver our grievances to this honourable House who procured the same with their own papers to be referred to a Committee whereof Mr. Lisle is chair-man who laid aside all our papers and would have examined us upon interrogatories but we declared that we were Commissioners for the Countrey and had given in a charge against Mr. Richard Barwis and others by Counsell and therefore desired that the same might be put into a way of tryall And if Mr. Rich. Barwis and others of whom we complained should deny any thing which we have given in charge against them that we should make it good by sufficient withesses or else suffer according to law Then the Committe desired power from this Honourable House to examine us upon interrogatories and if we should refuse to commit us to prison and so obtaining power which they had not before pressed us to answer interrogatories and when we desired a copie thereof or to write the same from their own mouth and we would answer according to law by the advice of Councell which they denyed us but still they requiring us to answer ex tempore and we conceiving that we were not bound so to do by law could not thereunto consent Then report being made to this honourable House that we refused to answer which we did not but in case aforesaid this honourable House ordered me to be committed to the prison of the fleet where I have lain these 4. months and my fellow Commissioner being vexed by Mr. Iohn Fisher was committed also to prison for a pretended debt And after he was released by vertue of an ordinance of Parliament for securing Commissioners and such others as did attend upon this honourable House for presenting of Countrey grievances yet by the means and direction of Iustice Whitaker chairman of the Committee of Examinations the said John Osmotherly was committed again to prison in Woodstreet Counter where he was put to great charges to free himself by a writt of Habeas Corpus

but by constraint have by subtle speeches and clandestine wayes gradually wound themselves in to be Committees for the Parliament and some to be Commanders Who so palliate and vail their actions with pretences of State that the well-affected and friends of the Parliament cannot have justice or are so delayed in their just suits that they are quite wearied out and discouraged The Petitioners therfore humbly pray this honourable House to take the premises into serious and due consideration and for prevention of the great mischiefe that may happen if not prevented by disheartning the good and animating the ill affected To order that all such persons as have been in Armes against the Parliament Malignants and Neuters may be removed from being Committees or Commanders and that their place may be supplyed with honest men who have ventured their Lives spent their Estates in and for the Parliaments service And they shall ever pray c. The Coppy of a letter sent by Mr. John Musgrave Gent. to Alexander Rigby Esquire a member of the House of Commons Worthy Sir LIttle did I expect to have beene so troublesome to my friends upon such an occasion as this sitting a free Parliament we were in hope when the High Commission Councell Board and Starre-chamber were taken away according to the Law that we had been free men and no more subject to any Arbitrary Power But according to the Law we should have beene protected in our just Liberties and have had justice done us without begging or intreaties I have beene kept Prisoner here some 13. weekes yet neither by solicitation of friends or petitions can I get audience I desire but the benefit of the Law which I claim as my Right either to bee justified or condemned by the same favour I desire not no other then the innocency of my cause deserveth Justice only I expect as you have ever professed your selfe to be the Common wealths servant so I desire you in the behalfe of my Country to move the House that I may have my Liberty being their Agent and their Cause put in a way of Tryall This is all I desire from you which I hope you will not deny me and I shall bee From the Fleet Prison 29th of the first moneth 1646. Yours to do you service John Musgrave The coppie of a letter sent by Mr. John Musgrave to Sir Arthur Hasilrigge Knight a Member of the House of Commons Sir I Am given to understand that my petitions and letters of late published by some of my wel-wishers under the title of A word to the Wise were delivered unto you by Mr. Peters there is nothing in any of these petitions and letters which are mine but I am ready to owne and avow and if I may have but common justice and an equall hearing I doubt not but to make good the same to be agreeable to law and truth I am informed that you alone have taken upon you to be my judge and have already condemned me and cast many vile aspersions upon me giving forth how I comply with the Scotts to drive on some wicked designe of theirs tending to the prejudice of the State and undoing of my Countrey which if it were true then are you blame-worthy to passe by the same and not to bring me forth to condigne punishment for already you have given out sentence and adjudged me guilty though you never heard me speak and I suppose never knew me by face but howsoever though I were guilty of that wherein you condemne me yet it doth not beseeme you nor any in the place of iudicature as you are to condemne any man unheard and who is absent nor to have respect of persons in iudgement And none but unrighteous iudges will doe so for it is good and agreeable to law what Seneca saith Qui aliquid statuerit altera parte inauditu aequum licet statuerit haud aequus est He that determineth and ordereth any thing the one partie being unheard although he determine and order that which is right yet is he uniust And this your doing is the more grievous in that you insult over a poore prisoner whom you now have in bonds and so not in place to answer for himselfe I complaine of Traytors whom you suffer to walke at libertie I have given in charges against them unto you yet cannot get them brought to answer whiles I am cast into prison before any charge be brought against me put to answer interrogatories and no accusers comming against me Traitors whom I accuse are continued in their authorities yet almost foure months have I laine in prison and know not for what but hetherto neither by friends nor petitions could I ever obtaine that favour and right which of dutie you owe me and all the free borne of this Kingdome to have audience and libertie as a free man to answer for my selfe for as you can exact no obedience of us further then by the law so may we boldly claime iustice according to the law which to deny us is iniustice in you by the law I am blamed because I decline the Committee how should I expect any good from them when they dare not or will not suffer our cause to be publiquely heard and debated but doe shut their doores against both our friends and also against strangers contrary to law yet suffer they our adversaries whom we accuse to sit with their hats on as Iudges in the cause both permitting them and they taking upon them to examine us O England saith one well in the like case what 's become of thy liberties For if Sir Edward Cooke spake truth or knew the law that iudge who ordereth and ruleth a cause in his chamber though his order or rule be iust yet offendeth he the law and the reason he rendereth is for that all causes ought to be heard ordered and determined openly in the Kings Courts whether all persons may resort and not in chambers or other private places See Cooke 2. part instit. fol. 103. And how can I assent unto the Committees demands to bring witnesses to be examined before such a Committee as cannot or is not authorized to administer an oath and so consequently cannot determine or give any iudgement for or against the partie accused for that all matters of fact and causes criminall are to be tryed and determined by the verdict of 12. men upon the solemne oaths and depositions of witnesses See Cook 3. part instit. fol. 163. And how can I without incurring the haynous sin of periury submit unto the arbitrary proceedings and determinations of any Committee being bound by solemne oath and protestation to maintaine the lawes and iust liberties of the people and that the proceedings orders and results of the Committees be arbitrary and not regulated by the law I need no further proofe then that exorbitant and unlimitted power they take upon them and daily exercise in seizing on free mens goods and imprisoning their bodies contrary to law