IT is not unknown to those who have read the Hi­story of England, that few in the North for service done against the Scot; deserved better, or were greater asserters of their countries liberty, then the family of the Musgrave's, men of good estates, and large Revenues; of whom Speed in his Chronicle takes special notice with this Character, The Ancient and Warlike Family of the Mus­graves.

Sir Simon Musgrave my Grandfather, served Queen Elizabeth upon those Borders, as Deputy Warden for many years; after his death the Queen was pleased to honour my father with that imployment, in which service he so behaved himself, as he pre­served the borders from the Inrodes of the Scots and Rapines of the Outlaws of both Nations there, with whom that Country in those times were infested; I purpose not at this time to par­ticularize the known services, and the great executions my fa­ther did upon some eminent Scots, enemies to our Nation; for which he brought upon himself the envy of King James, and most of the Scots Nobility, who after the old Queens death watched for an opportunity to ruine my father and destroy his family, and how hard a matter it is to stand before envy, or bear the wrath of a King, the prudent may consider. Now about the 5^th year of K. James's reign here in England, one Thomas Musgrave a dissolute loose man, and one Puckering more deboist, drew in­to their company Sir Thomas Musgrave, a young Gentleman, and the eldest son of Sir Richard Musgrave my Grandfathers second son; these fell upon the Kings Receivers in Westmerland, and rob­bed them, and the night after came to my fathers house in Cum­berland, and lodged there, my father being then at Ednell, igno­rant both of the fact done, and their being at his house, as ano­ther [Page 6]of the same name, who suffered for that fact, at his death did solemnly declare.

Robinson then Bishop of Carlisle, knowing how pleasant a thing i [...] would be to the King, to bring my father within the compasse of the Law, procures Puckering a pardon to become an approver against my father to evidence that he was privy of their being at his house after the fact done, more they could not have any colour for King James glad of this, doth forthwith cause a special Gaol Del [...]very to be called for tryal of my father, and sent down as Commissioners the Earl of Dunbar, with sund [...]y o­ther Lords to carry on the design, he well knowing that upon an equal tryal my father would be in no jeopardy, and the King a moneth before the Tryal signs a Warrant for execution, to pre­vent all Reprieval [...], all which was with much celerity perform­ed according to the Kings direction; but the great signal Testi­monies of my fathers innocency, and the Countreys dislike of those extraordinary proceedings, much disco [...]tented the King, and the Court faction, my father left an estate setled upon my mother & his children of 200 l. by year, held by lease for 3 lives, which King James would have seized on, but upon Tryall in the Exchequer, possession was established with her.

Afterwards my mother, by perswasion of friends, to her chil­drens undoing, marries one Vaux, a Gent. of ancient, but most wicked bloudy family, having no estate at all: For Wil. Vaux, his father, having in a most barbarous and unheard of manner, mur­thered one Ridley, suffered for the same, and did confiscate his whole estates And not long before, Rowland Vaux, father of Wil­liam, procured one Bell to personate two, and procured a forged Acquittance for a debt of 100 l. Rowland owed to a Kinswoman; for which perju [...]y Bell lost his ears, and for the forgery and sub­ornation Vaux wore Paper, and rode backward, my Grandfa­ther being then High Sheriff at the time of the execution of the sentence. I would have forborn thus to have untombed the dead, if I had not by a wicked Sister been provoked thereto,

Now for twenty years together, Vaux in my fathers childrens right, held an estate of 200 l. by year, for which we never had any accompt; in which time he purchased the Reversion of the whole with our moneys: for which calling him to accompt, I was with a 22 years consuming suits in Law, wested and spent, and yet is not come to any issue, [...]

[Page 7] Vaux in the beginning of the difference, the more to disable me to prosecute my Cause, beats my mother, would have killed her with an hatchet, put her out of doors, and would have suborned witnesses to have sworn, That she and I would have murthered him, as some of the witnesses yet living do confesse.

The particular Processe and proceedings betwixt us, I shall refer to another discourse; and of old Coventries in justice, King Charles's Order in the Case, being not the thing I desire now to [...]rge or presse. While I was in this private contest, a Parliament is called, by which for a while I was as one raised from the dead; but the Kings leaving his Parliament, was the cause of new Troubles to me; for upon my comming from London, I was com­mitted to Carlisle Castle, for no other cause but that I said the Earl of Strafford was condemned for Treason.

But when the Commission of Array [...] set a foot in our County, then my father Vaux doubted not but to bring me to ruine, knowing I was affected to, and had declared for the Par­liament, and the better to compasse this end, he procured one Richmond (whose son after married his daughter, and my sister) at the Sessions of the Peace to put that illegal oath upon me, cal­led the oath ex Officio, which I refusing was committed to close Gaol, and then Richmond caused me to be indicted for speaking blasphemous words against the book of Common Prayer, viz. that it was Popish; but this having not colour to take away my life, the next Sessions I was called forth, and then Richmond commands me to take the Oath of Supremacy, which I refusing twice, I was returned back to the Gaol, committed for Trea­son; upon this Richmond conspires with Sir Richard Graham, who had married his daughter to Sir Edward Musgrave's grand­child, who wrongfully held an estate from my mother, being her birth-right of 600 l. by year, to procure a special Gaol De­livery, for the Tryal of me and Captain Crakanthorp, for the like offence; but knowing [...]ow fatal Cumberland Gaol Deliveries were to the innocent, with much difficulty we obtained a Writ of Habeas Corpus cum causa, which we delivered to Sir Henry Flet­cher, then high Sheriff, and to whom we were prisoners, there­with he acquainted, Sir George Dalstin, Sir Thomas Dacres, Sir William Musgrave Knights, Leonard Dikes, William Briscoe, Esq [Page 8]and other Justices of the Peace, who diswaded the Sheriff from returning our bodies according to the tenor of the Writ, and sent to London a Certificate, that the reason of disobeying the Writ of Habeas corpus, was, for that we had committed Treason against the King, in refusing the Oath of Supremacy: But the Court being not satisfied, granted us another Writ with a pe­nalty. Upon knowledge of this, the Justices complained to the King, being then at York, how they had imprisoned us as dange­rous persons, and enemies to his Majesty, desiring his direction and Warrant to try us for Treason, the Habeas corpus notwith­standing; but the King would not give any direction therein. In the mean time the Assizes approached, so they could not fit the G [...]al [...]d livery.

At the Assizes Sir Robert Heath delivered the Goal, and we be­ing brought to the Bar, Judge Heath declared, the Justices could not enforce us to the Oath of Supremacy, without a special Commission under the Great Seal; yet gave Judgement of Pre­munire against us, to forfeit Lands and Goods, and imprisonment during life, for no other cause then refusing to take the Oath of Allegiance upon a Book; and gave the Sheriff direction, not to suffer any to come at us, and close imprisonment. But upon the Treaty of a Peace betwixt the King and Parliament, a little be­fore Edgehil fight, the Sheriff took security of us, to appear upon the Habeas corpus at the Upper Bench Bar; which we did accor­dingly, and after was discharged by Order of the House of Com­mons. Upon our return home, the war and difference betwixt King and Parliament growing great and high, Sir Philip Mus­grave gave order to apprehend us again; of which having notice, I lest the Countrey, and in my way was taken prisoner by one Bennet, servant to Sir John Lowther (a Commissioner of Array, and Collonel for the King) and three other, charging me with a conspiracy and Treason against the King and Sir John Lowther; from whom I made an escape, but lost my Horse, Sword, and Cloak. In the time of my withdrawing, my Father Vaux offered 100 l. to any that could discover and apprehend me. After, with much difficulty I got into Sco [...]land, and there I was threatned by Thomas Craistour, for my non-conformity to the Scotish Pres­bytery, that he would inform against me if I did not withdraw.

While I was in Scotland, I discovered how John Barwis, and [Page 9] John Hod [...]son pretenders for the Ba [...]liaments [...]aisse, kept sto [...]es correspondency with Sir Patricius Curwin, and Si [...] Wilfride Law­son then Commissioners of Array, and in Arms against the Par­liament, and how Richard Barwis a Member of the House of Commons kept correspondency with Sir Richard Graham, and Sir Edward Musgrave, and other the known enemies of the Par­liament: All which I after made known to the Parliament; but by Barwis faction or party in the House of Commons, to hinder my prosecution, I was committed by an Order of the House, to the Fleet, for a pretended contempt, in refusing to answer Intero­gatories; where I was kept close prisoner, without any charge or other crime laid against me, for the most part of two years. Upon the difference betwixt the Parliament and the Army, I re­fused no hazard to serve the Agitators, who then acknowledged the service I did in promoting their Cause, was acceptable to them; and the Lord General Fairfax with [...]is Councel of Offi­cers, sent to the Parliament to set me at liberty, and that he ex­pected I should have fitting reparations for my losses and impri­sonment; whereupon I was enlarged, but never had any satis­faction for my losses and imprisonment to this day.

After this, I made sundry discoveries of concealed Delin­quents, and brought into the publick Treasury more then 2000 l. for the undervalue of Sir Henry Bellingham's estate, whereof the fifth part was due to me, for which I have not had one penny, my other discoveries amounting to above 10000 l. a great part whereof was secured by the sub-Commissioners, who refused to certifie the same being required thereunto by the Commissioners for comp [...]unding, the other alledging the Commissioners for Compounding never intended good to the Common-wealth, and so they would certifie no more to them, and thus I was hin­dred from further prosecuting my discoveries till by the Act of Ob [...]ivion the same were discharged: after this I began to apply my self to my own private affairs, having unprofitably spent my time, wearied my self, and wasted my means to do my coun­try service; while others by their beneficial places inriched them­selves in the ruines of their country, and falsifying their faith and trust.

In the mean time my father Vaux (having setled his estate and lands upon his two sons in law, Richmond and Graham, while [Page 10]they were in actual rebellion against the Parliament, to defraud me of my right, amounting to above 2000 l. I being in my way from London) died; presently after Richmond applied himself to my mother, blaming his father Vaux for his cruelty to her and her children; professing all love and respect, desiring as he pre­tended to come to a settlement, faithfu [...]ly promising if upon my return home, I disapproved what shou [...]d be agreed on, no ad­van [...]age should be taken on either side, but his meaning was far otherwise, his intention being to circumvent her and strip her out of all, as the sequel doth prove, for the visible personal e­state being valued to about 200 l. he and Graham divided it be­twixt them under a colour that there was a debt of 200 l due to M^r. Heron of Chipchase, which with great oaths and many ass [...]verations he did aver to be true, and that M^r. Heron had threatned to put the Bond in suit, all which was forged and a lie; for upon a Bill of discovery in Cham [...]ery M^r. Heron hath upon Oath confessed Vaux did ow him no such summe nor other debt.

Then Richmond intreated my mother to let him and his wife have liberty to lie in her house some time, which she not mi­strusting his guile gave way to him▪ soon after I returned home, to my mother, she telleth me how her sons in law and daughters in law had used her, and that the bond she gave Richmond and Graham was delivered with caution, in case I disliked the agree­ment, the same to be void; then I caused her to take the locks off her Chamber which Richmond had set on, and made a legal and peaceable entry to them, for the widdow hath her quarantine, which is the possession of the chief Mansion house for forty days; and when the entry was made, we had sundry honest neighbours to take view of what was in the room to avoid mis-reports, and the next day I went with my mother to Graham house, the better to confirm my self of the tru [...]h of the agreement, who told me the bond was delivered with the caution aforesaid, and that up­on consideration my mother would make void the agreement he would keep her harmlesse, and upon request release the bond, and further declared, he did beleeve Richmond intended to cheat both him and her.

Upon his further request, my mother consented to go the next day to one Dacres of Ʋnthank, where Richmond was to meet him, [Page 11]and agreed, that if Richmond would not yeeld my mother and Grahams Right, they would joyn together in securing the goods: But upon our comming thither, Dacres after some private words with them, came to my mother, desiring to be excused, for the Trunks her Husband had left with him, by direction were not to be opened, till her sons in Law both agreed to it, but she should not be present. Thus she was thrust out, and made a stranger to h [...]r own; for by the Custom of the Province of York, the Wid­dow is to have half the personal Estate, if the children be preferred or married. There it is said the two brothers found some Writings, purporting large summes of moneys to be left by Vaux in Dacres hand; which at first Dacres denied; but after some threats, Dacres acknowledged 60 l. and the 160 l. where­with they charged him more, Richmonds wife perswaded the o­ther to remit, and they gave George Sy [...]pson, M^r. Vaux sisters son, 100 l. of the moneys in Dacres hand, being privie to their Coun­sel. All which, Richmonds wife hath to sundry of her friends and acquaintance privately told who have since discovered the same.

Upon this the two brothers in Law confederated together a­gainst the old woman, and Richmond gave forth in speeches, that my mother and I had broken a chest up in the chamber, and ta­ken out Fourty shillings, for which he would hang us both; and said, his man did see him lay it and leave it there; who being as­ked what he knew thereof, replyed, he knew nothing thereof, neither did he beleeve any such thing. As for the Trunk, upon our entry it was viewed, with all within the same, by able and honest men, whereof not any thing lacked, the trunk being open, and had been without Lock for 40 years and more.

Next day I went towards Manchester, and returned not for ten days. In the mean time, Richmond thinking I was gone for Lon­don, goes to M^r. Howard, and procures a Warrant from him to bring me and one Proctor before him, charging us with Fe [...]ony: Upon his Warrant Proctor is carried as a Thief to Naward, some 16 or 18 miles, thence to Carlisle, being from Naward 10 miles, and back again to Naward, where he gave security for his appear­ance: in all this much wickednesse and cruelty is discovered; for there were two Justices of the Peace living within lesse then two miles of us, but we must be carried before none but Howard.

The next passage that was attempted against my Mother, was [Page 12]this: Richmond and his wife comes to my mothers house, think­ing with railings and revilings to have provoked her to passion; but their expectation failing, Richmonds wi [...]e laid violent hands upon her own mother, b [...]ar her, and called her Whore: The old woman being ready to faint, one present cryed out, Fie Mabel, have son never read the Fifth Commandement? the other answered in fury She knew not what the Commandements were, so she had a fa­ther and mother that taught her neither the fear of God nor Man.

Some two days after this, Richmond with some four or six more, in a forcible and [...]i [...]tous manner, takes away the Court gate, the Hall door, and carried them away with him, thereby to fright her away, and reported M^r. Howard advised him to do it; Wicked counsel.

No [...] long after, I came home; and being in bed in this open house, I heard in the Hall much people, whereupon I called to know the businesse; the Constable came to me, and told me he had a Warrant to arrest me for Felony. I [...]ose, and find a poor lame Widdow, that served my mother, under arrest likewise for Felony, as the Constable said; most of Richmonds Tenants being there, to the number of 20 or 30; I ask o them why so many? they answered, Richmond commanded, and that the Const [...]ble would early in the morning take me, otherwise I would flie, if notice were given me. With this Guard am I carried by the Con­stable to Penreth, a market Town, on a Market day, before M^r. Halton▪ who upon reading M^r. Howards warrant, would take no knowledge of me, so away I am carried to Naward; Which man­ner of doing of theirs was much like the J [...]ws carrying of Christ to Caiphas, who sent him to Pilate, Pilate Herod, and so back again. When I came before Howard, he told me, Richmond bad sworn Felony against me, and some witnesses were examined a­gainst me, who speaking ruth, he refused to set down or testifie the same, saying, that party spake more for me then Richmond, Yet brought before him by his Warrant: I enter Bond for my appea­rance the next Assizes, paying my fees. The nex [...] Sessions Richmond in my absence prefers a Bill of Felony against me and Proctor, which the Jury not finding, are called before the Justices, who threatened the Jury for not finding the same; and one of the Quorum told the Jury, they must find the Indictment, right or wrong: But most of the Jury being understanding men, would [Page 13]not be perswaded or frighted to act contrary to a good Consel­ence, finds not the Bill; notwithstanding, the Justices granted Richmond a Warrant of good behaviour against me, without Oath or Articles; against others they would not, though indict­ed, which discovered their malice to me, and corruption. Upon a Certiorari after in the Upper Bench, I was discharged, never any thing to this day being objected against me.

My occasion soon after drew me to Lond [...]n; in my absence Richmond dayly vexes my aged mother with opprobrious rail­ings, threatening her he would reduce her to that poverty and want, as for flesh she should be constrained to boyl a Louse, and for malt to brew Sand; often staring in her face, after crying, Mo­ther, mother, Death is in thy face, thou wilt not live til Easter: the Justices of the Peace much animating him in this course against my mother and me, as he bragged, all the Justics of the Peace, Commissioners for Sequestrations, Sir Arthur Haslerig and Cap­tain Howard would all adhere to him against me.

Upon my return from London, the Assizes approaches; Rich­mond now bestirs himself, procures the Sheriff to return of the Grand Jury, 14 of 17, all compounded Delinquents, and most Richmonds neare relations, one being Grahams father, ano­ther Grahams son in Law, most of the rest bitter spirited Cava­liers; but one man reasoned all the rest out, and the Bil against me was not found: the one of the Jury would have had it, protesting that he would find it against the Roundhead, whether it was right or wrong.

I made my addresse to Justice Puliston, in a peti ionary way, that Richmond might not disquiet my mother with his boyster­ous and uncivil carriage, but he more like a party then a Judge, slighted my Petition, asked how it came to p [...]sse I was not gone beyond seas with John Lilburn, to which I replied, I had other businesse then to mind, and further said, when these Gentlemen by him, meaning Captain Howard, and the other Justices by oaths and actions, confederated to destroy the Parliament as Traitors, I at their Bar owned there Authority; but Traitors are promoted and your friends slighted, yet God is good. Rich­mond turns his Indictment of Felony, after not found, into an in­dictment of Trespasse, which the Juries finds, and being called, I traverse it; upon Serjeant Parkers motion, all differences were [Page 14]referred to Sir John Lowther and Mr. Halton, but when we meet, hen Richmond asked my mother why she would busie her self for death was in her face, and G [...]aham his brother did challenge me to sight with him on Penreth Fell, thinking to get some advan­tage upon me by provoking me to passion or accepting the chal­lenge; upon a common Latitat Richmond bringeth the Sheriff in person, and arrested my mother, and had carried her to Gaol, but an Attorney told the Sheriff he cou'd not, for he was an At­torney and would appear for her; but we cou'd never have the Sheriff to this day execute any Writ against Richmond.

To free my mother of Richmoxd disturbances, I brought her from Catterlen Hall, being made unhabitable as aforesaid, and ever since she hath dwelt with me.

The last Assiz s at Carlisle my mother had two trials for her Dowry, the one against Graham, the other against Richmond, be­fore my old friend Justice Puliston; I appearing for my mother Justice Puliston began to check me, telling me I never dealt but in bad causes, and that he met me at every Bar in Westminster Hall, the Jury being to be sworn, one of the Panel would not swear upon a book, whereupon the Judge bid set him aside, for that man was one of Musgrave's faction, the man being a stranger to me; abou which a great contest I had before he was admi ted to be sworn, Mr. Vaux dying seized was proved by Richmond and Grahams answers to my mothers Bill of Discovery. Then Justice Puliston asked me when Vaux died; to which I answered about the third of March was a twelve moneth. Then said the Jugd, Are you sure M. Vaux died the third of March? To which I answered, my Lord, I came out of London about the 13 or 18 of March, and before I got home M^r Vaux was dead, so I cannot speak certainly to the time, but I beleeve he died about the 3 4, or 5^th of March; or thereabouts: then said the Judge, M^r. Musgrave what would you say if he died in April? I replied, my Lord, I cannot speak positively to any time, but sure I am he is dead; all which will be proved by Gentlemen of quality well affected and untainted in their reputations, which for the satisfaction of friends, some of them have certified as much, which I have here inserted.

These are to certifie, we whose names are here under-written upon the 16 day of August, 1653. were presented at the Tryal had at Car­lisle before Mr. Justice Puliston, betwixt Isabel Vaux Widow De­mandant, [Page 15]upon a Writ of Dowery against William Graham Defendant, when and where we see John Musgrave of Miln [...]rig in the County of Cumberland Gentleman, sworn a Witnesson the behalf of the said De­mandant Isabel Vaux in the said cause, and the said John Musgrave being asked when the said John Vaux, late husband of the said Isabel died, the said John Musgrave, said upon his oath that the said John Vaux died about the 3^d of March was a twelve moneth, then the said Justice Puliston said Mr. Musgrave, are you sure Mr. Vaux died the 3^d of March, to which the said Mr. Musgrave replied and said, my Lord, I came out of London about the 13 or 18 of March (or words to that purpose) and before I got home Mr. Vaux was dead, so I cannot speak certainly to the very time of his death, but I beleeve he died about the 3, 4, or 5 or thereabouts: then said the Judge Mr. Musgrave, what will you say if he died in April, Mr. Musgrave replied and said, my Lord, I cannot speak positively to any time (or words to that effect) but I'm sure he is dead, and this is the whole sum of Mr. Musgraves Oath and Deposition, other then proving some copies of Records; we being present in Court at the time of the said Tryal, from the swearing of the Jury till they gave up their Ver­dict, which we shall be ready to testifie when we shall be thereunto requi­red. In witnesse whereof, we have subscribed our hands the 10^th day of October, 1653. This is the great P [...]rjury I am charged with.

At Michaelmas Sessions held at Cockermouth, Octob. 5. 1653. in my absence Richmond prefers a Bill of Perjury upon this against me, whereof Captain Hudson now a Justice of Peace hearing, who was present at the Trial, repaired to the Jury, wishing them well to consider what they did upon that indictment against me in my absence, for there was more malice then matter in the prosecution; the Jury told him, they had examined the matter and they could not find it, but the Justices of the Bench being most of them my implacable enemies, called the Jury before them, and would have the witnesses sworn in open Court, but the Sheriff and Bailifs put back all those whom they suspected to favor me; M^r Lamplough one of the Justices told the Court, there was an Order of Sessions, that no indictment was to be admitted against any inhabitant, without notice first given to them; which then they admitted to others, but denied in my case: Mr. Howard hath caused him since to be put out of the Commission of peace, for no other cause as I beleeve but this, and suspecting him to be a man of too publike a spirit to comply with Howard and his [Page 16]popish faction; and others of the most dis-affected and known Deli [...]quents, he hath procured to be Justices of the Peace, refu­sing to put in some very honest & able men recomended to him.

One of the Jury told the Court M. Musgrave might mistake the month, and not swear either corruptly or wilfully; to which M. Briscoe and Sheriff Lawson said, there was som would have al to be mistakes so after Richmond was admitted privatly to tamper with some of the jury, the indictment was found, I being in my way from London: The witnesses sworn to the indictment, were one Dacres above-named, Thomas Ga [...]th an Attorney (how much con­science he makes of an oath, after I shall discover) and one Or­fear, and how qualified he is for such a purpose here will ap­pear; I will begin with the last.

Orfear was first a plundering Cavalier captain for the King, till the county was reduced for the Parliament, then entertain­ed by Lawson as captain under him for the parliament; daily he resorted to the Enemies Garison in Carlisle; drank the Kings health, and being asked why he would serve the parliament? he said he did the King better service then when he was of his party.

Lawson had a house pulled down by the Enemy in his Isle by Keswick, for which he preferred after an indictment against sun­dry persons, some not being near the place by twenty miles, which indictment was found upon Orfears evidence, against sundry persons that were not there, and forced to compound with Lawson upon his own terms; One of credit told me, he was first named in that indictment, and how Lawson swore that hee was the first put his hand to the pulling the house down, whereas in truth the man was not near the place by ten miles, and was forced to leave his habitation because he would not assist the E­nemy in that work, and so desired Lawson to consider his con­dition, but the man not being able to traverse his indictment, the poor creature was constrained for purchasing his peace, to give Lawson six or seven pound; this he told me before sundry credi­ble persons, all which I beleeve to be true. It is credibly said that Orfear did take and subscribe that damnable Oath, called the Earl of Newcastles Oath for destroying the Parliament as traytors; and which Lawson did likewise, as is proved when he was Lieu­tenant Colonel under Sir Patritius Curwin. But as the Fool makes a mock of sin, so these make as light matter of Oaths, as all their practises demonstrate.

[Page 17] For Garth, he was Q [...]arte [...]m [...] [...] to Sir Philip Musgrave; and then Cornet to Col. Sir Henry Fletcher for the King, and did like­wise swear and subscribe the aforenamed O th for the E. of New­castle; but upon reducing of that Country he was made by Bar­wis Agent for sequestrations; in which imployment if he had dealt faithfully, he might have brought into the publike treasury 20000 l. which by his being Sollicitor at the same time for Delinquents was lost; for while he was Agent for sequestra­tions, Mr. Howard, Sir John Lowther, Mr. Dalston, Richmond, and other great Delinquents, imployed him as their Steward to keep their Courts, their Attorney and Sollicitor in suits of Law, and some of them allowing him yearly stipends; so as little could be made of any discovery or concealment, most of the Commissio­ners for sequestrations themselves being likewise sequestrable and men dis-affected.

In the like cases how officious he was to serve his friends, one of many may suffice. My father Vaux being in contempt for not answering my Bill, and for costs upon over-ruling of his Plea, I came to Garth being Deputy Sheriff, for the return of the two Attachments against Vaux, he therewith had Orders and monies from Vaux to discharge the contempt, and sue out a Commission to answer in the country, and for the costs by the next Post he should receive direction from Vaux where to have money to pay me. I told him I could not trust him, and would not forbear prosecution, unless he would go presently to the fix Clarks Of­fice and pay the contempt money for not answering, and give Commissioners names to his Clark accordingly. Garth goes with me to Mr. Colburn in the fix Clarks Office, to him Garth gave names for Commissioners, Christopher Richmond, Henry Da [...]res, and others, before Mr. Colburn paid me the contempt money and I joyned in the Commission; and Garth in the presence of M. Gol­burn declared, what he did was by Vaux direction: Garth sues out the Commission, but Vaux doth not execute, but comes to London, thinking to set his plea up again; the former Commissi­on is a bar to him, Garth must help or it cannot be, whereupon Garth makes affidavit, that he had no direction to sue out a Com­mission or discharge the contempt, and what he did was with­out the privity or direction of Vaux. Upon this the Court refer­red it to the fix Clarks to examine whether the Commission was [Page 18]regularly sued out, and upon hearing of Mr. Colburn, the fixe Clarks certified for me, and Garths wicked Oath was fruitless; the affidavit is filed.

Henry Pearson told me, Garth made an affidavit in the Upper Bench in Michaelmas Term last, which is upon the File; to which Pearson made another contrary to it; so that one must be forsworn: Many others have complained to me of Garths despe­rate swearing and affidavits. For Dacres he could swallow the Earl of Newcastle's damnable Oath; and I can most bear with him, not onely in respect of his malignancy, but for that Rich­mond and his wife had given him 160 l. for doing such like ser­vices against my mother and me, as Richmonds wife hath in coun­cel told sundry of her bosome friends.

Now what advantage could my mother have by my Oath, as to the mistake of the moneth; or what losse or disadvantage had or could Graham have by the same, or how I can be brought within the compass of the statute of perjury, I am not afraid to submit to the trial and judgement of the greatest of my enemies, saving our Cumberland Justices of the peace and their Session juries, and if the Gentlemens certificate on my b [...]half be disproved, or either my mother or I could have one half-peny profit, or the other so much loss by my supposed mistake, or that the same was wilful, knowingly, or corruptly done by m [...], then let me have the like censure as Vaux his Bell with two tongues received for his most wicked, wilful, and corrupt perjury.

After my mother had recovered he Dowry, my business car­ried me to the Assizes after held at Appleby in Westmerland, thither am I persued by these bloudy men; Being at Supper in my Inn, some there took occasion of discourse of the Scottish King (so called) and of an expected change; which I opposing, one Richard Graham my brother Grahams brother sitting at the lower end of the table, used provoking words, whereat I seemed not to be moved; thereupon this fellow called me rogue, traitor, and said that I was committed for treason against the King, and all those that adhered to the Parliament were traitors, and the King would have his right again, and we should be all punisht as rogues and traitors: Truly it was much I could forbear, but passed the same over with other discourse, as neglecting him, After Supper I did go into the Town, which Grahams brother [Page 19]having notice of, with one of his Comrades purposed to have way-laid me, as after I understood, for while they were plotting against me, for no other end, then as I conceive, privately to murther me, if I had gone alone; my man over-heard Grahams Comrade say to the other, Musgrave hath his man with him, and we shall not be able to deal with them both; thus the Lord delivered me from those bloudy conspirators: And the next morning I found this Graham lying in the Kitchin Chimney amongst the ashes asleep, in a beastlike manner overcome with drink, in all this I acknowledged the Lords goodness to me.

At the Westmerland Assizes justice Puliston, as at Carlisle, dis­countenanced the honest justices there, and said openly upon the Bench, he could own none for a justice but Col. Brigs, against whom the Lord did witnes before night, Brigs having overbur­thened himself with drink as he could not walk the streets with­out reeling, and after some repose Brigs came to my lodging, where he spent the whole night in swearing and excessive drink­ing among a company of Cavaleers, but such things are no ble­mishes in our persecuting justices; but when I come in particu­lar to set down the malignancy and misgovernment of our justi­ces made upon M. Howards recommendation to the Lord Prote­ctor, I may have farther occasion to speak of this Gentleman.

But before I will farther meddle with our Country Magistra­cy, I will finish my discourse as to Richmond. This last Term, upon my removing the indictment of perjury against me into the Upper Bench, for the very same thing, meerly for vexation, hath he laid an information of perjury against me in the Capital Office, for the mans malice hath no bounds; to which I say no more, if I be faulty in the least, let me suffer with the highest transgressour; but Richmonds dealings is no better towards other poor widdowes His fathers widdow by a wile he turned out of doors, who being friendless was drawn to take a small annuity, which he failing to pay broke the womans heart, and she soon died. This affidavit will discover his kindness to another wid­dow, whose petition I have to present to the Lord Protector, when a door shall be open to me, together with Richmonds bar­barous usage of one Halton the Minister of Kurbythure, because a Roundhead; and how he caried the man to York by vertue of his Commission of Array, and how the poor man was brought by him to his grave, will require a more large discourse.

[Page 20] The Affidavit of John Wambye in the behalf of Mary Bearson Wid­dow, plaintiff Thomas Wilton and Henry Mes [...]s, Defendants.

WHereas there was a reference made by Justice Puliston, of the difference betwixt the Plaintiff and the Defendant, upon the De­fendants petition to Christopher Richmond Esq and Thom. Laton Esq two delinquents compounded, which said referrees about the 20 of Septemb. last called the said parties before them, and brought with them one Francis Sisson a Justice of peace in Westmerl. Nephew to Ed­ward Sisson who married Wiltons Aunt, and guardian to the said Wilton, being an aged decrepit woman about 80 years old. Now this De­ponent deposeth, that he was present at Broughan upon the meeting of the said referrees and parties, and upon the said widdow Pearsons seem­ing to decline the said reference, the said Richmom began to give the said widdow very high and threatning language, telling her if she would not submit to the reference she should never get any thing, nor should have never any benefit of the law; and for this Deponent who went thither with the said Pearson, he threatned to have his nose slit and his ears cut off, and threatned one Iohn Gowling to undo him because he was the widdowes friend and neighbour, and other bad language the said Rich­mond gave then unto the said Gowling, so as he well durst not or would not stay longer to be abused with the said Richmond; and presently after the said Gowlings departure, the said widdow Pearson was drawn by the threats and menaces of the said Mr. Richmond, to submit to the or­der and award of the said referrees, with the Ʋmperidge of the said Ju­stice Sisson, who ordered her for to take 25 shillings for her widdow-right and dower in a Tenement in Gulgath in the County of Cumber­land, and seal a release thereof; Whereas her third part thereof was well worth twenty shillings by the year. And this Deponent knoweth the said release was made by her through the threats and menaces of the said Mr. Richmond. Sworn the 8 of November, 1653.

By John Wawbye.

John Page.

Therefore I will till a fitter opportunity forbear and proceed in order with our Country Justices of the peace in Cumberland and Westmerland; And first with Cumberland, whose names be, Sir Wilfride Lawson, Charles Howard, William Briscoe, John Barwis, Henry Tolson, Thomas Cholmley, John Hudson, Thomas Craister, Tho. Langhorn, Arthur Foster, Lancelot Fletcher, Captain Coulsey.

Sir Wilfride Lawson did take the treasonable Oath and Engage­ment [Page 21]called the E. of Newcastles Oath, was a Lieuten. Colonel in armes for the King, caused one widdow Blaithwait to be car­ried in a Cart to Carlisle Goal, and there imprisoned, and first stript to her smock, urging to Sir Phil. Musgrave that she came from the Parliament as a Spy. Committed to prison one George Foxe to close Goal, and procured an order from the Judges, that none of his friends should visit him, for no other thing then be­ing a Preacher, without ever laying any charge against the man to this day.

After an Injunction serves for setling possession, Sir Wilfride Lawson some three moneths since put two of Sir Patritius Curwins tenants out of the possession of their houses and tenements, and thereby the men were forced to submit to their Landlords will and pleasure, after much money spent in setling their possession.

Sir Wilfride Lawson being Sheriff the last Summer Assizes at Carlisle, refused to arrest Christoph. Richmond upon a Capias ut le­gat. at my mothers suit, the warrant being delivered to him in Richmonds presence, and his Fee tendered.

Sir Wilf. Lawson and his under Sheriff, will not though requi­red return processes of Contempts, as attachments and procla­mations, as for instance; 3 proclamations at my mothers suit, two attachments, one at my own suit, and another of priviledg, at M^r Nelsons suit, all returnable the last Term.

Charles Howard a notorious delinquent, though at Worcester he engaged against the enemy, yet his brother (supposed not without his privity) betraid a great part of M^r Howards Troop to the Scots King, with whom his brother went away, and be­fore M^r Howard came up to the last Parliament, Sir Pat. Curwen and most of his projecting Cavaliers was at his House all night, which the well-affected are jealous was upon some designe, for the next day again they had another great meeting at Sir Patric-Curwens Castle, under colour of a hunting. M^r Howard used barbarous cruelty upon the body of the wife and daughter of Thom. Milb. one of the witnesses examined to proue his delin­quency, by causing a Scottish Witch-finder, so tearmed in his presence, to strip the women, and thrust great pins into sundry parts of their naked bodies, to the amazement of the beholders, the women being of good repute, and never any charge brought against them.

Since the last Plot against the Lord Protector was discovered, [Page 22]M. Howard hath listed one Berriswith to be one of the Lord Pro­tectors Life-guard, by the name of Hunt, that he might not be known by the name of Berriswith, he and his friends being so much declared enemies to the Parliament, as Captain Thorp a man of credit, both by word and writing doth testifie; for other things I refer you to my Letter to the Speaker of the last Parliament, my Petition, Articles, and the proof of his Delinquency following: only I desire notice may be taken of what manner of men he puts in Commission of Peace with us.

William Briscoe was a Committee man for the enemy, advised the other Justices being most of them Commissioners for Array, to commit Captain Crakanthrop, and me for not taking the oath of Supremacy, and advised the other Justices to disobey our Ha­beas Corpus. When the Justices in open Sessions would have relea­sed one Nicholson, committed by Col. Fletcher, for refusing to take up Arms for the King against the Parliament, Mr. Briscoe advised the Court not to do it without Collonel Fletchers directions; whereupon the poor man was held in prison, till the siege of Carlisle was over. He is a great enemy to Sectaries, so called, and in his charge in Sessions called them worse then Papists, requiring the Jury to present them, and they would punish them.

That complaint being made to Mr. Briscoe against Edward Ro­binson a notorious Delinquent and one who articled against William Musgrave for delivering Iartlepool to the Parl. For for­ging a false Verdict against one Wil. B [...]urbank, and for levying mo­nies upon that Verdict and other forg [...]ries, Mr. Brisco would not punish nor displace Robinson for it, but keeps him stil to be Clark of the honour of Penrith and Inglewood Forrest Courts, Master Briscoe being learned Steward of the same Honours and Courts.

Complaints being made to Mr. Brisco for redress of a wrong­ful amerciament set upon Thomas Cason a tradesman, for selling goods in Penreth being no Corporation, and of the said Robin­son for taking Casons cloath of good value from him, would nei­ther give order to redress the amerciament, or Robinson to restore Casons cloth, tending to the destroying of Casons trade and cre­dit.

John Barwis to him I have little to say, then what is said al­ready, onely he is known to be no friend to them they call Se­ctaries, and would destroy us.

[Page 19] Henry Tolson he hath ever been a Neutral, but known a Cava­lier hath his heart, and is no friend to the Parliament or Armies Friends.

Thomas Cholmley did take the Earl of Newcastles Oath, sent ou Horse and Armes against the Parliament, and was in Arms him self for the late King, for his delinquency and malignancy deser­ted the former Parliament being a Member thereof. At the Lord Protectors fi [...]st going into Scotland openly declared, it was a­gainst his conscience to fight against the Scots, and committed sundry to prison under the name of Sectaries and preachers.

Thom Craister a Commissioner for sequestrations got most of his estate by that imployment, and being a Captain in Carlisle Garison, declared it was against his conscience to fight against the Scots, and laid down his Commission, raised near ten thou­sand pound of Delinquents by way of Fines, for which he never yet accounted for, and without authority of parliament or the Lord General, continues still a professed Enemy to all such as are called Sectaries or Independents, and imprisoned sundry of them for their judgement.

Thomas Langhorn did take and subscribe the Earl of Newcastles Oath, a great countenancer of Malignant Ministers, as Master Baldine of Penreth, who refused to pray for parliament and Ar­my while the Scots had an Army on foot; A petty Shop keeper very unfit for a Justice of Peace.

John Hudson, against whom I have nothing to object, if others have they may, but as he tells me he will rather undergo a fine then take the Oath with others in Commission whom he cannot approve of.

Lancelot Fletcher is a stranger to me, I never knew or heard he was any wayes active or appeared for the parliament, but by his Cavalier friends lived peaceably at home when the Enemy was in power.

Captain Coulsey what manner of man he is, I re [...]er to the Arti­cles against Howard.

Arthur Foster a Delinquent, and in Armes bo h in the first and and second War against the parliament, arraigned for murther, and [...]ued out his pardon by means of Sir Richard Graham, to whose family he is a retainer.

[Page 28] For the Westmerland Justices I shall be brief, being not my business, and should have been wholly silent, if the honest and suffering party there had not been concerned therein.

Edward Briggs, noted for his malignancy to the Armies friends, and for his life and conversation I shall forbear to speak, but very many ways unfit for that imployment, and ignorant of the Laws and Statutes of this Nation.

Roger Bateman was so disaffected to the change of Government from Kingly to Parl. as for a long time he refused to be sworn a Justice, very passionate, and Strafford never more cruelly persecuted the Puri­tans then he the Sectaries.

Thomas Burton, a notorious Delinquent, was a Trooper under Sir Thomas Tildesly, expressing his malignancy by drinking the Kings health; the gross misdemeanors in executing of his Office while he was Justice of Peace, the many quarrelsome and troublesome suits, his op­pressions, and unwarrantable and illegal commitments, his daily fre­quenting ranting Cavaliers company, are all proved before the Com­missioners for compounding, and much more, for which be was fined Fifty pounds, and disabled to be a Justice of Peace. And whereas it is said, that his father was plundered by Sir Philip Musgrave, it is known that his father was under Sir Philip Musgraves protection, and voluntary without compulsion lent large sums of money to Sir Philip to carry on the War; and if there was a more scandalous and malignant Priest in that Countrey, let me receive blame and shame.

Francis Sisson, a man of a quiet spirit, but Prelatical, and no friend to the Armies Interest.

Robert Skaife, a man no ways qualified for a Justice of Peace.

Sir Iohn Lowther, a compounded Delinquent, a man of able parts, but known to be of a Kingly spirit, and his son was in the last War, conceived not without his fathers privity; A Gentleman he is of great Estate, nearly related to me in kindred; but it stumbles all friends, that he shall now be thought fit to be a Justice of Peace in this Countrey, where he is so powerfull and known (though his wisdome in this time teacheth him moderation) to wait for a change. I am afraid some of our Worthies are carried away with their Dalilah's, but let them be­ware they receive not Sampsons portion. I could say more, but will forbear for the present: Onely I could wish it were enquired into, How Iohn Thwaits, who hath knowledge to discharge his duty, not in a condition with power to oppress his Countrey; and Gervase [Page 29]Benson, who hath been thought fit to be trusted with such high Com­mands, and great imployments, while there was trouble and danger, without any complaint, should now be laid aside. You that sit at the Helm wil have the loss, and thereby may unawares tacitely set up again Charls Stuarts Interest.

I desire to draw to my journeys end; yet before I conclude, I must as Abraham said to God, so say I, Let not my Earthly Lords be an­gry, and I will speak but yet once; I have heard that his now Highness upon some discourse of Lawyers, out of the sense he had of the common calamity his brethren had lain under, should sometimes say, How sad, and to be lamented a thing it was, that these men should raise so great and vast Estates out of the ruines of a miserable afflicted people, see­king Iustice and relief of wrongs, and the poor to be made more wret­ched by complaining, and sustain more damage by their Advocates then by their Adversaries who did the wrong? Is there no Balm in our Gilead? How long shall we wait for the long promised and ex­pected Reformation? the Law and Chancery proceedings be now no less burthen, terrour, and oppression to the people of this Land, then Theeves and Highway-men be to the poor travellers in their journey; in every street I meet with sad complainings; a man may spend his whole patrimony in Chancery; before he come to any issue, and then shal he be dismissed again to Law: I have had in my poor mothers case against Richmond in Chancery, some 16 several orders and reports yet have not obtained a perfect answer: for 3 l. costs upon a second in­sufficient answer, I have spent above 12 l. besides travelling charges; and Richmond hath had two London journeys bout the same. O when shall we have an end of a Chancery suit? Shall a woman of 80 years of age be thus spent out, upon her Writs of Dower a Law? before we could come to declare, a year and a half was spent with Essoy [...]es and adjornments, meer delays and fopperies to wast poor people, spin out time, and spend money.

In Chancery what Order made there to day is again to morr [...] un­made; sometime upon Petitions with false suggestions, more o [...]ten in Court without hearing the other side, so as the Court seems rather to be set to make work for the Registers and Lawyers, by multiplying Or­ders▪ and differences, then to settle differences, or determine causes, while the poor sui [...]ors have any money to purchase Orders, or give fees to Lawyers. If I be called to accompt for this, I shall be ready to give particular instances, in my own mothers, and many other of my [Page 22]suffering friends: The wasted condition of my self doth constrain me to sigh out these my groans and complaints; which if the same be ta­ken into consideration, and receive timely redress and relief, as the same will much conduce to the praise of those in power, security to our Countrey, and the good of a poor afflicted people; so shall he with all thankfullness acknowledg the same, who truly is as he writes,