The Apologie of John Musgrave, to the Right Honourable John Bradsham, for his publishing his Petition and Charges against Sr: Arthur Haslerigge, and others put in Authority by him; with several Letters, and his Remonstrance to the Councel of State.
KNowing my own weaknes and imbecillity, and the power and greatness of my opposites, if I had looked only upon outward helps, I should wholly have been deterred from entering the lists with those great ones, whom I have to deal with, and no doubt but of many of my friends, I shall be blamed, and of others, as much or more envied for undertaking this quarrel, as David was of his Brethren, for leaving his Fathers Sheep and taking the Philistins challenge to fight with him, whom the whole Host of Israel feared; and be accounted no less proud, and foolish, then Eliab did his Brother David; But when they shall behold this great Giant, and mighty Nimrod of the North, with his whole Host and Militia, wherewith he is guarded, thrown down and broken without any other Armory, but by the strength of truths discovery by me, one whom he so much disesteemes, and see him and them as suddenly fall, as the great Philistine did, when smitten with the stone cast out of Davids sling. My Countreymen will be then rather ashamed of their faint-heartedness, to have sat still and bin only as idle spectators, while I for mine and their Countries liberty, did contend with these Cedars, and Sonnes of Anack. And though for sundry years, while I have thus strugled and contended, I have often found these Sonnes of Zervia too hard for me; yet when I was as a Man without hopes, seeing no way of escape, even then, God sent me an unexpected delivery, which makes me more bold, and with lesse carefulness, to wait upon the good hand of Gods providence, [Page 2]to carry me on in this business, whereon the welfare and safety of so many thousands depends. I will not deny but in this very thing I have too much consulted with flesh and blood, and rested more then I should upon the rotten props of outward means; and by the deceitful blandishments of the adversary, speaking fair, and promising peace, I was almost taken in the Phylistines Trapp, and ready to be inchained up in their fetters, if by a sudden Alarum of a new enemies approach, I had not been awaked out of my sleep of security, wherewith I was very much overtaken; for after two years, hard and cruel imprisonment in the Fleet, (committed to that Prison for no other cause, as your Lordship well knowes, then for the like discovery as this, & prosecuting some powerful enemies, who then satt in the great Councel of this Nation, having under the false vizard of friends, got themselves into the greatest places of Authority and trust in our parts; being restored to my liberty, upon the Lord Generals taking notice of my wrongful imprisonment, I was fully resolved not further to have busied my self with matters of State, but wholly left the same to the care and ordering of those that sat at the sterne, & only applyed my self to my home business, & lived retired: but in this I was much deceived, for I was no sooner retired to my Countrey, but I understood some men now in great favour, & now highly promoted, and intrusted, by our Governour and Sejanus of the North, were upon a Clandestine design, ready to be put in execution for bringing in the Scots to force the Parliament, and seize upon us before we should mistrust, or be in any wise able to prevent the same; So, as of a sudden being secure as we thought, we were surrounded with our enemies on every side, and had been without recovery, if by the valour and gallantry of the now victorious Gen. in the overthrow of the great Duke of Scotland, we had not been rescued; and after taken under his Excellencies protection; and though the General stayed but a very little time amongst us, (for he gave himself no rest there, while the enemy had any strength unbroken) yet by his presence, and countenance for the time he was with us, we were much refreshed; but the L.G. Cromwel withdrawing, we thence were left to the care and charge of Sir Arthur H. Governour of the bordering Counties and Garisons, a man in whom we had great hopes, and had promised great matters, (sed Magistratus inditat virum;) he deceived our expectation, he takes for his Friends, favourites Councellours, and bosome acquaintance, such as were professed enemies to [Page 3]this Commonwealth; and preferrs none other; he slights, derides, and keep under all the cordial, and well affected; and whom the now L. Gen had preferred, and owned, Sir Arthur with disrespect laies aside, which caused me, constrained by necessity, (for no other with us would or durst) unwillingly (durum telum necessitas) once again to put my self forth by a Remonstrance to the Councel of State; for (by no hand could I have access to the Parliament) & set forth the sad and lamentable condition of our Countrey, and the great and heavy oppressions we lay under, by the disorder and misgovernment of those placed in Authority, by Sir Arthur Haslerigs procurement, and recommendation, in which Remonstrance I had that tender regard and respect to Sir Arthur H. conceiving him to be abused and deceived in this his complying with the malignant party, through their subtil insinuations, (he being a stranger in that Countrey) as I did not so much as once mention his name in my Remonstrance, though I had been many wayes provoked thereunto; I must ever with all thankfulness acknowledge your Lordships favour and benignity; for by your only means I must confess, I had access unto, and audience before that Honourable Councel of State, (as I have had sundry times since) who were pleased to take cognizance of my Remonstrance, and upon reading the same, and hearing my self made their Declaration, promising relief, and redress, as well of particular, as of publick grievances therein complained of, but by other greater business of State, hath bin hindered in the proceed thereof; so as contrary to their intention, (as I believe) we have not had any fruit thereof. (My Lord) it is not to be believed what rejoycing this your Declaration was to your Northern Friends, and how therewith their dying spirits were revived, as if they had bin already delivered from under the hand of their cruel Egyptian Taskmasters, who exacted their stinted number of brick without allowance of any straw, and hoped their bondage should have ended in the first year of Englands Freedom, but alas! their sunne was soon overclouded, and an unexpected storm of a sudden doth arise, ready to over-whelm them in a Sea of new ttoubles; when their Ship was ready to arrive at the Haven of their wished desires. Mr. Howard, a most dangerous and notorious delinquent, in Arms against the Parliament, both in the first and second War, a man of great wealth, and very powerful in his Countrey, who in the last War, raised great Forces, and mustered 8000 men for the enemy, who at his Muster declared for the late King, & said he was to meet the [Page 4] Prince at Barwick, causing his Souldiers to shout, a King a King, in holding up their naked swords in his house, hath for his Councellour one Followfield a Lawyer, a dangerous Papist, being but the other day with the Rebels in Ireland, and for his Chaplain a Malignant-Priest, late Preacher to the King at Oxford, in his Garison there, I say that Mr. Howard, by whose recommendation I know not, if not by Sir Arthur Haslerig, within two moneths that I had presented my Remonstrance, as aforesaid, is made High Sheriff of Cumberland, to the lifting up the Malignant spirits; I complain to Sir Arthur H. of this, he slights it, or rather approves of it; few days after Sir Arthur H. as of purpose to set up the enemy with high hand, presents to the Councel of State for Commissioners of the Militia for our Countrey, Mr. Howards Vassalls and Creatures, known Delinquents, and men professedly enemies to the present Government; openly and liberally I speak against Sir Arthur H. for so doing, he procures an Order, and convents me before the Councel of State, to give in my exceptions, and the reasons of my exceptions to the men, thinking by his greatness and power, to have born me down; but after long debate upon my exceptions, he promised to the Councel of State to lay these men aside, as unworthy, that trust and imployment, pleads misprision, and how he was abused by Thomas Craystor, Major of Carlisle, whose Letters for these men he shewed; but upon our Noble, and ever to be honoured Generals return from Ireland, and his march for Scotland, Sir Arthur H. procures the before excepted men to be Commissioners for our Militia, a boldness not to be paralleld, and a fault not excusable, acting as if he were above Law, above the Parliament. After he returns into the Countrey to Newcastle, he convents our Ministry before him: the Engagement he mentions not, nay some are threatned with imprisonment, for desiring the same to be tendered to some Scottish Malignant Priests which are beneficed with us, he establishes in the Ministry, malignant, scandalous, and such as be opposite to the Engagement, our honest Ministers and your friends he discountenanceth, silenceth, and sequesters, putting in their places men disaffected, and Mr. Nichols Sheriffe Howards Chaplain, whom before I spoke of upon the recommendation of Mr. Craystor, (as from a good hand is certefied me) since I came thence, he hath placed at Aicton; where before Mr. Lampit served faithfully the cure. I pray your Lordship consider, whether if your enemy in Armes were possessed of that Countrey, could do you this way more disservice and more injure [Page 5]your friends; but why complain I alone? read these following Letters, am I not blamed for my long silence, as either conniving at, consenting, or at least concealing Sir Arthur H. exorbitancy and oppressions, therefore least I should prove guilty herein, of betraying my own and Countries Liberty, I have, as Esther did in the like case and extremity present her self before the King, put all to hazard, and contrary to your Law and Order, come thus into your presence, and rather then this grand impostor of State should not be unmasked, I have cast my self upon your bounty, and if I perish, I perish, pardon my Lord this my presumption, consider our condition, and speak peace unto us, we are brought to the like exigency, and strait as the Lepers of Samaria; if we now hold our peace, we dye, and if we put our selves out, our condition cannot be worse; nay, I had rather be in your prison, then live as we do, under Sir Arthur H. in liberty, which very thing and no other, is the cause, that without an Imprimatur, I have thus published his illegal, irregular actings, his breach of faith and trust, and what manner of men he imployes and intrusts, and how they order things, and behave themselves in their publick Offices; but if any object and say, that I strengthen the enemy by thus discovering breaches amongst our selves. I answer, the enemy within the Rib of the Trojan Horse in one night, burned that great City which the Princes of Greece in ten years Warre with all their powers, could never enter; and is not Sir Arthur H. made Guardian and Keeper of your strong Holds and Cities, bordering upon the perfidious Scot, your unreconciliable enemy; and by the laying open the rottonness of these men, the enemy will be much frustrated of their hopes, and prevented in their design, when they cannot have a party among us longer undiscovered, to uphold their interest by the Sword of Authority, and such hereafter as we shall intrust and imploy, when they know they cannot escape unpunished, if they should falsifie their trust, will be more careful to discharge their duty: And such have been Patriots of their Countrey, who have minded the good of the Common-wealth, and not their own Wealth; as blessed be God for it, many there be placed in several seats of your highest Judicatures, will be incouraged to act with higher resolutions without fear, for the Honour of the State there, the good and comfort of the People, and be to their [Page 6]own verlasting praise. the causes of all the late tumultuous risings & insurrections here, in Wales & the North, were occasioned by no other then some of your bosom enemies; such have been the cause of these distractions, and the continuance of this War thus long amongst us; and till justice be done impartially, & your corrupt Ministers of State be brought to account, you can expect no end of these troubles. Slight us not herein, it concernes your peace, your security; for if such men as we complain of be kept in Authority by new divisions through their misgovernment, will indanger (if this Warre were ended, and all your enemies broken) to foment & raise new troubles, greater and more dangerous combustions then any we have had, or yet undergon, premoniti premuniti: Therefore my Lord, you being so concerned, and your interest so great, and your welfare so much depending upon the States prosperity, besides your love of Justice, your great courage, and your unparalleld actings, beyond any other in Authority, tending thereunto, with the many favours and great incouragements (to serve & suffer for my Countrey, and not to fear nor be cast down with the greatness of person) which I have received from you many years since, even when you were in a more private condition, & finding no change in you, when thus eminently placed, yet no lesse then your worth and vertue merit, are the inducements to present these my weake endeavours (which I have undertaken without any sinister or byends, for the good of my poor Countrey) only to your Lorship, craving your Lordships favour, and that you will procure me protection and indempnity, while I prosecute the following charges, and other great discoveries which will bring to the State ten thousand pounds and more; some whereof, of considerable values upon my own charge and travel, are already returned: if nothing else would speak for me in excuse, yet the very relation (of the barbarous, unmanly, and inhumane cruelty of Thomas Craystor Major of Carlile, and Lieut. Col. Briggs used towards one Trefena Carter, wife of one Christopher Ca [...]ter, then a Souldier in Carlile Garison, and now a Lieutenant of Horse in the Army in Scotland, particularly for her judgment, crossing Presbytery) would and will in some measure set forth the inviterate malice this Craistor (who is Sir Arthurs Viceroy of Cumberland, for all Officers, Justices of peace, and Cummissioners of the Militia Ministry, & sequestrations Sir Arthur H. wholly leaves to his nomination: and none must bear in any Office whom Craistor approves not) [Page 7]beareth towards such as inclined not to the Presbytery and comply not with this Scottish Interest.
This Trefina Carter this last summer living in Carlile, went into a visited house, the same being unknown to her then, Craystor then Maj: of Carlile, hearing of it, bearing a grudge to her for her judgement, Commanded her to house, but not allowing any woman to be with her, being great with Child, and near her account, she venturing forth for a pint of Wine, (another she had not to send for it,) Lieut. Col. Briggs meets her, asked her, how she durst come out of her doors, contrary to the Majors Order, she modestly replyed, if the Major would let some bring unto her what she needed, (for she had none with her) she would not go out of her house, Briggs makes no answer, but draws his Rapier, offering to run at her therewith, with many execrable Oaths, swearing he would have her out of Town, for it was the Majors pleasure to have it so; he sent her home with a file of Musketeers, and a Century is set at her door, to hinder any to come at her, she falls in travel, the Midwife was sent for, there being but one in the Town, who durst not go, till she knew the Majors pleasure, he bids the Mid-wife go but tells her withall, if she did, she should be shut up: the Woman is delivered after strong labour, without Womans help, she procured a Nurse to keep her and her Child: but the fifth day after her delivery, the Major takes her Nurse from her the Child and she being very weak, more likely to dye then live, and not any with her for none durst but her own Nurse, fearing the Majors displeasure. In this extremity the poor Woman was forced to rise out of her bed, and goes to the Majors house, desiring to know why he took her Nurse from her; he answered for a Clenser, is that your Conscierce said she? the Major replyed, never stand questioning me, begone, we know your judgement; and till some honest Officers of the Garrison, went to the Major, hearing of this uncivil and unchristian usage, the Major would not suffer any to come at her, though her house was never visited, [Page 8]and I hear the Woman is undone therewith, and inall likelihood will never recover her former health and strength: thus you see my Lord, we complain not without cause, when Child-bearing Women in their travel, and Infants new born, are thus extreamly & cruelly dealt with in those parts for no other cause then their judgments, crossing Presbytery; if these men will not pitty, nor spare Women and Children, but so vehemently persecute them for their judgement, what can we expect from them, or you imagine they would do to us, if the Lord General being so near us, did not hinder, I hope I need not further apologize, nor need say more to move you to pitty our condition, and help to ease and bring these your, and our enemies to account for rhe breach of their trust, and the great oppressions and wrongs they have done to us and our Countrey, I will present to your view in the first place, the Petition and charge against Sir Arthur H. with the Articles exhibited against him, the Justices of peace, Commissioners of the Militia, Ministry, and Sequestrations in Cumberland, with Letters of the Congregated Church at Broughton, and other Letters to me, from some Ministers, and other my suffering Friends, setting forth therein their misery and sad condition, & after you have the Councel of the States Declaration, with my Remonstrance upon the Declaration. And in the last place, my Letter to Sir Tho: Withrington, formerly printed, which relates to our former sufferings, and how cunningly our Adversaries have long undermined us, abused your Friends, & such as Parliament men as they thought favoured us, they drew Mr. Lisle, now one of the Lords Commissioners for the great Seal of ENGLAND, to make a report against me, telling him I carried on a contrary Interest, and the Scottish Design, and long it was before my Lord LISLE could be perswaded I was a Friend; but upon better understanding, his prejudice against me was removed, and upon his motion▪ in the House of COMMONS, after two years Imprisonment, I was set at liberty; and [Page 9]now (my Lord,) not doubting your favourable acceptance hereof, and your ready assistance in procuring me a fair hearing and tryal herein, I recommend my selfe and Cause to your Justice and Clemency, and remain,
TO THE Right Honourable the Councel of State, sitting at White-hall. The Humble Petition of John Musgrave, for, and in the behalf of Thomas Worsley Esquire, John Worsley, Elizabeth Worsley, Captain Richard Crackenthorp, Mary Blaythwaite, and the rest of the well-affected in the Counties of Cumberland, Westmerland, Bishoprick, and Northumberland.
THat your Petitioner John Musgrave above a year since, Remonstrated his own, and his Countreys sad and distressed condition, and how the Enemies of this Common-wealth in those parts do still with unwearied and undefatigable endeavours labour to carry on their designs, in strengthening the hands of Malignants', and weakning the hands of your friends, and the better to effect wicked purposes got several incendiaries, and such as have born Arms, and engaged against the Parliament in the first and second war, and still complies with the Scottish interest, to be Justices of the peace, Sheriffs, &c. and to have the whole authorities there in their hands, by which means they much Tyrannize, and oppresse your Petitioners, and the well-affected, and with lesse difficulty may invite the Enemy into these parts.
That this Honourable Councel upon reading the said Remonstrance declared, they would provide for your Petitioners relief, and redresse of their grievances, and upon another Petition unto this Honourable [Page 8]Councel your Petitioner by the Articles thereto annexed, set forth how M. Charles Howard was made high Sheriffe of Cumberland, which Articles Sr. Arthur Haslerigge undertook to examine, but wholy failed in the same. And the said Sr. Arthur Haslerigge is so far from providing for your Petitioners relief, and the Countries safety as he hath of late procured such as be Enemies to the Common-wealth to be Justices of the Peace, Sheriffes, Commissioners for the Militia, Ministry and Sequestrations; oppressing the well effected, and countenancing your Enemies, as appeareth by the Articles annexed, and exerciseth an Arbitrary power without rule of Law, or Act of Parliament.
That Sr. Willfrid Lawson, Henry Tolson, Thomas Curwen, Miles Halton Justices of Peace, contrary to an Act of Parliament, at the last Sessions of the Peace in the County of Cumberland fined one Lancelot Fearon 10. pounds for refusing to swear upon a book, and the justices and Commissioners for the Militia there much oppresse the well affected, and threaten to commit them for their meetings to prayer, and Divine Worship, boasting they have an order from Sr. Arthur Haslerigge so to do.
Your Petitioner humbly prayeth this Honourable Councel to take his long and chargeable attendance into consideration, and put his former Remonstrance, Petitions, Articles, with this Petition, and the Articles annexed against Sr. Arthur Haslerigge, in a speedy way of examination, for relief and redresse of your Petitioners, and take a review of your own Declaration made upon your Petitioners former Remonstrance. And humbly prayeth the benefit of presenting of additional Articles as he shall see just cause, and that without delay or procrastination for the good, and safety of this Nation.
That the said Sr. Arthur Haslerigge, the chief cause of all the present Northern miseries, may be sent for as a delinquent, to answer the several matters laid to his charge in the Articles annexed, and that at his comming up, he may not be admitted to sit as a Judge in his own cause, but stand in the capacity of a Delinquent, till he hath undergone his tryal, your Petitioner being ready at his uttermost peril to make good his charge, either before this Honourable Councel, or the high Court of Parliament.
That all the other charges against Sheriffe Howard the Justices of the Peace, Commissionters for the Ministery, and Militia in Cumberland, may be put into a speedy way of examination, and such as shall be found unfit removed from their places.
That Thomas Worsley, who is aged four-score years, may have his Petition read and relieved, and that according to your Declaration upon your Petitioners Remonstrance, your Petitioner, and such Petitions as you declared to recommend to the Parliament may no longer be deferred, the Petioners being utterly undone by attendance. And lastly, the Justices of Peace who contemned your Authority in fyning men for refusing book-swearing contrary to the Act of Parliament made in favour of tender consciences, may be sent for to answer their contempt, and provision made in the future that none in the Northern Counties be admitted, to execute civil Office in the administration of Justice, but such as are known to be well affected to the present Government. And your Petioners shall pray as in their former Petitions.
Articles exhibited by John Musgrave, Gentl. to the Councel of State, against Sr Arthur Haslerigge, Knight, and Barroner, Governour of New-Castle, and the Northren bordering Counties.
The exceptions were brought in upon an Order of the Councel of State dated the 31. of Iune 16491. THat Sr. Arthur Haslerigge * contrary to his Engagement to the Councel of State, and Councel of States Declarations upon the Petitioners exceptions, procured lately such in the County of Cumberland, to be Justices of the Peace, Commissioners for Sequestrations, Commissioners for the Ministery, and Commissioners for the Militia there as were known Delinquents, and such as are disaffected to the present Government, and complying with the Scottish Interest, as by the charge against them hereunto annexed, and another charge against them, formerly exhibited to the Councel of State may appear.
2. That the said Sr. Arthur Haslerigge being the chief, and leading Commissioners for the Ministry at New-Castle, approved of such Ministers in Cumberland at New-castle as refused the Engagement, were scandalous, and Delinquents; And such Ministers as were well affected, without any charge removed from their Ministery, and put them out of their places, whereby he discovers his dis-affection to the present Government, by upholding and countenancing the Malignant party in Authority, and keeping under the Parliaments friends, all which this Petioner [Page 10]is able to prove, and further refers himself to the Copies of Letters hereunto annexed, the Originals being in the Petitioners hands.
3. That Sr. Arthur Haslerigge undertook to the Councel of State to examine the Articles exhibited by the Petitioner to the Councel of State, against M. Charles Howard, high Sheriffe of Cumberland, but neglected the same, & came privately into the Countrey to Naward and there feasted with the said Sheriffe, who is a dangerous, and most notorious Delinquent, as appears by the charge exhibited against him by the Petitioner to the Councel of State.
Captain Howard is son to the Lord Howard, a Member of the Councel of State, no Souldier, and never did any service for his pay.4. That the said Sr. Arthur Haslerigge suffers Captain Howards Troop to lie upon free Quarter upon the Countrey, for these four Moneths last past, and doth coutnenance one Dobson Captain Howards Lieutenant, who cheated the Troop of 1350. pound. And when complaint was made to Sr. Arthur Haslerigge, he never punished him for the same.
5. That the said Sr. Arthur Haslerigge gave Commission to Edward Brigs, to be Lieutenant Colonel for Carelile Garrison, and made him a Commissioner for the Militia & Ministry in West-merland, a man known dis-affected to the present Government, and lately cashered for his drunkenness and other miscarriages by the now Lord General Cromwel. That the said Sr. Arthur gave Commissions to Thomas Craystour, Cuthbert Studholme, Captain Brown, and others to be Captains, and Lieutenants in Carelile Garrison, men known to be dis-affected to the present Government, profest Enemies to honest men, most of them having now laid down their Commissions, when they were to march into Scotland, And the said Sr. Arthur doth countenance none in Cumberland, but such as are profest Enemies to the honest party, and are for the Scottish Interest.
6. That by the said Sr. Arthur Haslerigges, intrusting the Authorities, and Militia in the hands of Delinquents, and men for the Scottish Interest, the well-affected in Cumberland and Bishoprick ly under greater oppressions then formerly under King and Prelates. And the said Sr. Arthur is a protector of Papists, and Delinquents, forbidding the Subsequestratours, and Sollicitours for Sequestration in Bishoprick to Sequester Papists Ordered to be Sequestred, of which the Papists and Delinquents do much boast, and honest men thereby are much cast down.
7. That Sr. Arthur Haslerigge hinders, and obstructs the ordinary proceedings of Law and Justice in favour of Papists, and did take out of the Sheriffes custody Ralph Lampton a notorious Papist and Delinquent, being under arrest, and formerly arraigned for poisening his wife, with which Lampton, the said Sr. Arthur is very kinde and familiar.
8. That the said Sr. Arthur Haslerigge procured Ralph Delivall Esq a Delinquent in arms against the Parliament, and dis-affected to the present Government this last year, to be high Sheriffe for Northumberland.
9. That the said Sr. Arthur Haslerigge contrary to an Act of Parliament, suffered Lieutenant Colonel John Jackson a notorious Delinquent, and in arms against the Parliament, both in the first and second War, a great plunderer to go and ride up and down the Countrey with his arms, and against law put the said Jackson in possession of certain grounds and Colleries in Bishoprick belonging to men well-affected, whom the said Sr. Arthur by strong hand dispossessed, thereof without Law, and the said Sr. Arthur Haslerigge against the fundamental Law of the Land, most arbitrarily, and Tyrannically did by his power take from the now high Sheriffe of Bishoprick the said Jacksons goods taken in Execution after Judgement, and restored the said goods to the said Jackson, contrary to all the rules of the Law.
10. That the said Sr. Arthur Haslerigge is very familiar, and keepeth company with Thomas Wray, a Papist, in arms against the Parliament, and upon search for a Popish Priest there was lately found in the said Wrayes house Copes, and other Popish Relickes, and much Gold and mony, most whereof Sr. Arthur Haslerigge caused to be returned back to M. Wrayes wife, a Papist. And the said Sr. Arthur by his Souldiers put sundry Honest men out of possession of the Colleries settled upon them by Law, under colour the same belonged to the said Wray▪ whose Debts Sr. Arthur Haslerigge undertook to pay, (as Wray confessed) for the said Colleries, being worth 10. pounds per diem, as the said Sr. Arthur giveth forth to the utter undoing of the owners of the said Colleries.
11. That the said Sr. Arthur Haslerigge doth comply with, and countenance Colonel John Hilton, a Delinquent in arms, both in the first and second War, and assists the said Hilton to defraud the poor in sundry Parishes in Bishoprick, of great legacies given by the said Hiltons Elder Brother.
12. That Sr. Arthur Haslerigge brought Colonel Hacker into the Country, who contrary to an Act of Parliament Quarters his Souldiers, and others under the name of Souldiers who are none, upon the well affected in Bishoprick, and would but pay what they pleased, and in some places nothing, but upon complaint Colonel Hacker gave the people no relief, but threatned them to have them before Sr. Arthur Haslerigge for complaining, afterwards Captain Thomas Lilbourn brought the matter in question before a Councel of War at Whitehall, but by Sr. Arthurs power it could never be fully heard, which if it had, there would have appeared many thousand pounds kept wrongfully from the Souldiers, besides the great oppression of free Quarter, some Examinations whereof were taken by Mr. Margets, which Sr. Arthur Haslerigge keeps hitherto from reading, and the said Sr. Arthur sore threatned the said Captain, for appearing for the Souldiery and Countrey against him, and Colonel Hacker.
13. That the said Sr. Arthur Haslerigge to disable M. George Lilbourn to serve his Countrey, and the more to discourage the well effected in Bishoprick, caused him to be put out of the Commission of Peace, Ministery, and Militia, and much endeavoureth to Sequester the said M. George Lilbourn, who hath commonly been reputed the most active, stirring, and suffering man for the good of this Nation, both before the Parliament began, and since of any that hath been, or is in the Countrey.
14. That Sr. Arthur Haslerigge hath displaced all the well-affected men in Bishoprick that were of the Committee for Sequestrations there, and put in their stead one Thomas Haslerigge his Kinsman, and a stranger, and doth continue one Colonel Frauncis Wren, who in the head of his Regiment upon his first march into Scotland was disgracefully, and justly cashiered, by the now Lord General Cromwel for plundering, and other grosse, and foulmisde-meanours, and one Thomas Dalaval, an arch Malignant, and dis-affected to the present Government, who lived in the Enemies quarters all the time the Earl of New-Castle had his Forces there.
15. That the said George Lilbourn being Surveyer of the Bishops Lands in Bishoprick with one Edward Colson, which said Colson joyned with one Saunders, and counterfeited M. Duncalfes hand without his privity for the abatement of a thousand and odd pounds, meerly to cofin the State thereof, which cheat, and cousenage the said George [Page 13]Lalbourn discovered. But the said Sr. Arthur Haslerigge much laboured, and Sollicited the said George Lilbourn to conceal the said cheat, and forgery of the said Colson, and though the said Colson be a man dis-affected to the present Government, and married to a Papist, yet doth the said Sr. Arthur Haslerigge much countenance the said Colson, and made him a Commissioner for the Ministery, and his Court-keeper.
16. That your Petitioner hath been much Sollicited by the well-affected in his Countrey to present their grievances, and oppressions, and crave relief in their behalf, as appears by their Letters, Copies whereof are hereunto annexed.
17. That your Petitioner hath lately discovered sundry concealed and unsequestred Delinquents of great Estates, which will bring in to the State, 10. thousand pounds and more, if the Commissioners for Sequestration made by Sr. Arthur Haslerigge were honest, and faithfull men, but in regard most of the said Commissioners are Delinquents, and Sequestrable themselves, and all of them dis-affected to the present Government, they do what in them lies to hinder your Petitioner in the prosecution thereof.
Articles Exhibited by John Musgrave, against the Justices of the Peace, Commissioners for the Militia, Commissioners for the Ministery, and Commissioners for Sequestrations in the County of Cumberland, at the desire and Request of the well-affected there.
INprimis, Thomas Lamplongh now Justice of the peace, a Commissioner for the Militia and Ministry, took the Oath for the Earl of New-Castle against the Parliament, subscribed the same set out Horse and arms for the Enemy, Voluntarily contributed to the Enemy, and had his Estate protected by the Enemy, a great persecutour of honest men, under the name of Independents, a countenancer and protector of Papists, Delinquents, and Malignant Ministers, and did justifie the Enemies Colonels Orders were good orders, and ought to be obeyed.
2. John Stoddert now a Commissioner for the Militia and Ministry, aman Sequestrable, was a Lieutenant in Arms for the enemies against the Parliament, [Page 14]under Captain Rolf a drunkard, a pleader for Delinquent and scandalous Ministers, an Enemy to honest men, and the Parliaments suffering friends.
3. Robert Hutton now a Commissioner for the Militia and Ministry, a man Sequestrable, took the Oath for the Earl of New-Castle against the Parliament, a countenancer and upholder of Malignant and scandalous Ministers, and such as Act for the Scottish Interest, a common Ale-househaunter and a great drinker.
4. Cuthbert Studholme now Commissioner for the Militia, Ministry, and Sequestrations, a private Captain in Carlile Garrison, a Farmour of Sequestred tithes at far undervalues, when other would have given and offered greater sums, a countenancer and upholder of such ministers as oppose the Engagement, and he is for the Scottish Interest against the Parliaments friends.
5. Thomas Craister now a Commissioner for Sequestrations for the Militia and Ministry, a professed Enemy and persecutour of all the Parliaments suffering friends there, under the name of Independants, an upholder and maintainer of Malignant and such Ministers as refused the Engagement and are for the Scottish faction, threatned those that informed against such, saying, they went in John Musgraves way, he discountenanced witnesses produced against Thomas Millington a Malignant Minister, who since the Act and Proclamations against King and Kingship, prayed for all Kings and Princes, and especially for those that pretended Title to this Nation, and for bad men to speak against the King, and said the Kings Laws would yet be in force and Lawfull, and that the Parliament could not order England, he doth still Church women and take money for Burials, all this and much more was proved before the said M. Craister, M. Langhorn, M. Lamplongh. M. Cholmeley, and Edward Winter, yet by M. Craister power, and Countenance the said Minister is still Countenanced and continued in his personage, being worth 100. l. per annum, and more.
6. That Thomas Craister refused to joyn with the said John Musgrave, to receive discoveries against Delinquents, whereby the Common-wealth is hindered 10000. l. and Delinquents inabled to raise a second War.
7. That the Commissioners for the Militia in Cumberland suffer Delinquents to ride with their armes, and to go from their homes at pleasure, some 10. some 20. some 60. miles, without Sequestring or questioning them for it, contrary to the late Act of Parliament.
8. Thomas Cholmely now a Justice of Peace, a Commissioner for the Militia, Ministry and Sequestrations, a man Sequestrable left the Parliament [Page 15]for his delinquency in the first War, was in arms and joyned with the Enemy against the Parliament, and Voluntarily lent the Enemy fifty pounds, in the second War kept Intelligence with the Scots, and sent a man and horse to the Enemy into Scotland, took the Oath for the Earl of New-Castle against the Parliament, a great Enemy to the Parliaments friends and them them call Independants, joyned with M. Briscoe, Sr. Wilfride Lawson, M. Lamplongh, M. Henry Tolson, M. Thomas Curwen, and M. John Barwis, in committing diverse honest men for not coming to the Book of Common-Prayer, since it was taken away and caused them to be indicted at the quarter Sessions for the same, and a little before the Scots received the last great overthrow by the now Lord General, the said M. Cholmley said the Scots were his brethren in Covenant, and it was against his conscience to fight against the Scots, he is a great upholder of such Ministers as are against the Engament, and he complieth with the Malignant and Scotish party.
9. Edward Winter a man of a private condition, never appeared for the Parliament where danger was, a countenancer and maintainer of Malignant Ministers, and such as are against the Engagement, and procured by M. Craister, and M. Langhorn, to be a Commissioner for the Militia and Ministry to vote with them.
10. John Crosthwait a Commissioner for the Militia and Ministers, a man that lived peaceably in the Enemies Quarters while they had power, never Acted nor appeared for the Parliament where danger was, holds his Estate in Tenantbright, under Sr. John Lowthernant, and was Bailiffe and receiver of his Rents, when Sr. John was a Commissioner of Array, he is a fearfull low-spirited man, and procured by M. Craister, to be a Commissioner to vote and Act with him.
11. William Mawson now a Commissioner for the Militia and Ministry, never Acted nor appeared for the Parliament where danger was, a great favourer and protector of scandalous and Malignant Ministers, and procured by M. Craistor, and M. Langhorn to vote with them, and uphold their Interest.
12. Thomas Langhorn, now a Commissioner for Sequestrations, the Militia and Ministry; a Man sequestred took the Oath for the Earl of New castle, against the Parliament: A great enemy to them, they call Independents, refused to joyn with the said John Musgrave, in discovery of Delinquents, when presented unto them, an upholder of Mr. Balwyne, a Minister that refuseth the Engagement, to preach on Thanksgiving-dayes, [Page 16]or preach for the Parliament or Army, disaffected to the present Government, and joynes with Mr. Craistor to keep under such as favour the Parliament, and such as are called Independents.
13. Thomas Garth named Agent for Sequestrations, a man sequestrable, took Oath for the Earl of Newcastle, was Cornet to Sir Henry Fletcher, and Quartermaster to Sir Phylip Musgrave, a great favorer and protector of Malignants, while he was Solicitor to the old Committee for Sequestrations.
14. Henry Robinson, imployed as Agent for Sequestrations now by Mr. Craistor, and Mr. Langhorne, voluntarily gave to the Enemy five pounds to buy a Horse, and ingaged he would never act for the Parliament, protesting what he did for the Parliament, he did it for a livelihood; saying, alas, alas, he was for the King in his heart.
15. Thomas Curwen, now a Justice of Peace, in the last Warre set out Man and Horse for the Enemy, was protected in his Estate, by Baronet Curwen, and continued at the said Baronet Curwens house, all the time of the last Warre, and after the County was reduced to the Parliament, he protected the said Baronet Curwens Estate, kept his Goods from being sequestring, and in a threatning manner, told some whom he called Independents, that it was such as they that caused the last Warre.
16. That all or most of the Delinquents there, injoy their real Estates, and most of their personal, and those that have compounded with Sir Arthur Hazlerig, did not compound to the half value of their Estates.
17. Sir Wilfride Lawson, now a Commissioner for Ministers, and a Justice of Peace, was a Commissioner of Array, and acted upon the same, took the Oath for the Earl of Newcastle and was in Arms with the Enemy, against the Parliament, hath great summes of money of the County, not accompted for, a professed Enemy to honest men, a favorer and Protector of Papists and Delinquents.
18. That the Commissioners for the Militia, are great favourers of Malignants very unequally raising the Horse on the poorer sort; and the Parliaments Friends, whose Estates are under ten pounds per Annum; and men of great Estates, and charged by the Act, not charging them proportionably, and upon [...]uch as have Estates, and did set out Horse and Arms for the Enemy, they impose little, and of some such nothing at all.
19. That the Commissioners for Ministers have displaced such honest Ministers as they call Independents, and such rectories they take into their hands, they farm out to their own Agents and Servants, at far undervalues, [Page 17]and for far less then others would have given and afford, when the same we let out, as one instance for many, they let the Rectory of Graistock, which is worth 300 l. per Annum, to their Agent Clerk for threescore and eleven pounds, when twice as much was bid, and the Commissioners take the Tythes up to their own use, as can be proved.
The Articles are subscribed, and will be attested by
- John Nicholson,
- Mungo Rothew,
- John Nicholson,
- Francis Smith,
- Isaac Antrobus.
My exceptions to the Commissioners for the Militia, upon this following Order, were approved by the Councel of State, and Sir Arthur H. besides his Engagement to the Councel of State, promised me afterwards, he would put none others but honest men, in any place or Office; but hath done far otherwise.
ORDERED,
THat Mr. John Musgrave be sent unto, to come to this Councel, to morrow in the afternoon, to give in his exceptions, and the reason of those exceptions which he makes against the names of the Persons, given in by Sir Arthur Hazlerig, othe Commissioners for the Militia, for the Northern Counties.
AFter Sir Arthur H. had consented to by aside, the Commissioners there for the Militia, whom I excepted against, I return into my Countrey, and acquainted my Friends what I had done, they much rejoyced, d [...] siring me in their names, humbly to represent to the Lord Presidene Bradshaw, their thankful acknowledgement of his former respects, which they and their Countrey had received from him, when in Easter Terme last, when being about some Lawes concerning my self and my poor Mother oppressed by a bad Husband: I came to London, I found our affairs in a worser condition then I expected; upon the Lord Gen. March for Scotland, the Militia of this Common-wealth, being to be setled for the more security thereof, Sir Arthur H. procures a Commis. to the excepted persons to be Commissioners for Cumberland, with which I was acquainted but few dayes before I was constrained upon urgent occasions, to return home, whither being come, this following letter is sent me from the Congregated Church at Broughton.
UPon your return from London, in Hillary Terme, we were much gladded the Councel of State was pleased to hear you upon your exceptions to the Commissioners of the Militia, and for their Declaration to redress our grievances complained of in your Remonstrance; but when we understood that Sir Arthur Hazlerig had procured the same men whom you excepted against, not only to be Commissioners for the Militia, but for the Ministry, we were cast down, conceiving the Enemy to be very potent, and prevailing more on you, because of your negligence, though formerly you have been very active and suffering for your Countrey; yet in this we cannot but blame you, being confident, if the Councel of State had known what manner of men they were, how disaffected to the present Government, either Cavaliers, or of the Scottish faction, not one of them would have been approved of by the Councel of State, unless the Governor of Carlile who in regard he is a stranger, is wholly guided by the other: as for [Page 19]the Militia, they pursue not the Act, but take a disposing power of mens Estates, setting some half a Horse, where his Estate is not equal to such they impose but a third part. And for the Ministry they approve of few or none, but such as are of the Scottish faction and raylors against Independents, or if worse may be, such as are Malignants and Royalists; but for honest men, they cannot abide, such they remove and put out of the Ministry, under the name of Sectaries and Independents, as Mr. Lampit, Mr. Baggerley, and Mr. Wharton; if any be for the Presbytery, though they deny the Engagement, are approved of, and allowed: our Justices of Peace do impose book-swearing upon some of the States friends, and for denying the same, do fine them in ten pounds, threatning them, and scoffing them, and calling them as they think good. Mr. Musgrave, be not weary of well doing, though you have no money or wages from us, slight us not, it concernes you nearly: if the Enemy be thus holden up, you can expect little ease, and lesse security; therefore as you tender your own welfare, and your friends peace, be not sluggish or longer silent, but stand for the cause of our God, and his People, be bold, it will be your Honour, whatsoever the success be, trust God. Sir, howsoever be our condition, we will not cease to trouble you, hoping you will take in good part what we have written; and will not forsake your suffering friends, or in silence leave us under our Enemies hands, let the God of power inable you to finish what you have begun, for the good of his Church and People; to whose care and protection we recommend you and our cause, this
Mr. Lampit, the Minister of Aickton in Cumberland, hearing I was to take my journey for London, writes unto me this following Letter, & after came to me himself, desiring me to present his Petition to the Councel of State, and another for the Committee for plundered Ministers; the man being poor, and a great sufferer, I undertook to do my endeavour, to accomplish his desire, but not knowing what success I should have, therein I did not take one peny of his money.
HEaring of your exceeding care in promoting the glory of God, & of your favourable countenance in incouraging honest men, in reference to the State, and present Government of this Nation, strongly animates, and makes me, though unacquainted, to present you in these lines, with a short Character of the harsh, and unkind (if not unjust) dealings and proceedings of the Commissioners for the Ministry against me at Newcastle, and their favour towards Malignants, and scandalous Ministers. Sir, I was by some of the old Committee, and other Officers in Carlisle, commended to Aicton Church as Minister, & (after the decease of Mr. Halton, last incumbent) there elected & called by the People, as appears by a testimony under their hands; but when Mr. Craystor had received the like Commission, I was called at the first to Newcastle, and their rage was so hot against me, in that I passed under the notion of an Independent, that Mr. Craystor told me, I should not stay at Aicton upon any condition, and so by his procurement, incensed Sir Arthur and the rest, that they ejected me, sequestred the Rectory, and left the people ever since without a Preacher; they having neither information, accusation, or other charge against me, save only my judgement, crossing Presbytery and the Scottish Interests. But as for others, whose names are subscribed, though Malignant, known Delinquents, and very scandalous, the Commissioners approved, and setled in their place as honest men, and others as yet never questioned. All which partial actings of theirs, as yet strengthens theirs, and the hands of their enemies; so it mightily disheartens the well affected, and will prejudice, as me in particular, so the Common-wealths friends in general: Wherefore I pray you in behalf of my self, and the honest party, use your endeavour for a speedy redress, which I hope you will not neglect, and rest,
Mr. Bradshaw Minister at Westword, who had two wives at once, now living, this they know.
Mr. Luggard, Minister at Workington, who was a Chancellour in Ireland, was married to another mans Wife in her Husbands lifetime, and often drunk.
Mr. Jo. Mackmillian a Scot, who had an adulterous Bastard in the highest degree, and was deposed for it in Scotland.
Mr. Johnston Minister at Distington, who had often complyed with the enemy under Duke Hamilton.
Mr. Grainger Minister at Bromfield, who is often drunk, an apparent Malignant, and a Cavalerish Priest, even to this day.
Mr. Ratckleiffe of St. Bees, Mr. Sleddal of Cannanby, with many more whom they know themselves, have been very active against the State, yet because they are Presbyterians, they must be setled, and are established in their places, by their power.
Mr Wheel-wright Chaplain to Barronet Curwen at Preston, lately in Arms against the State, now Minister at Broughton.
Mr. Warwick late Chaplain to Sir Edward Musgrave, a great plunderer of honest men.
Mr. Chambers at Allhallowes, tenderer of oath for the Lord Newcastle, a Preacher for the Enemy, a Common-Prayer-Book man.
Mr. Welchman Minister at Stannix, an enemy in Carlisle Town, when the Leager was against it, and many more.
And all the Sir Johns and Readers yet never questioned by the Commissioners, and that the Independents first questioned, and put out, I have alwayes been in the Parliaments Army and Garrison, and never declined the service, being 3. times in prison, and 5. times plundered, and I am now going with the Governor of Carlisle into Scotland
UPon after thoughts I am bold to acquaint you further with M. Craistours dealing and my friends, I being at New-Castle by order from the Commissioners for the Ministry, and knowing M. Craistours resolution to out me, I delivered a Letter that I received from Major Bird, Captain Cave, and other Officers, who writ in my behalf to a friend of theirs and mine, Lieutenant Colonel Hobson by name, which Letter when he read, and spake with me, did go presently to M. Craistour and others, and spake in my behalf to him, who promised him to do for me according to his desire, which was to establish me in the place I was placed in by the Order you have to show, and I speaking with M. Craistour my self he appeared very loving, and said I should that day be called, and he would be my friend, my friends and my self believing him, conceived all to be as he pretended, and did rest contented till that day was past, and at night he meeting with Lieutenant Colonel Hobson told him he had accomplished his desire in behalf of his friend, which was my self upon his word, the Lieutenant Colonel sent a Letter to Major Bird and other Officers, that my fiend (sayeth he) and yours is established in his place. But all this appeared to be meer dissembling, onely to hinder my friends to speak for me, till he did get an order to out me without any charge against me, and Sequestred the means, whether this be just and righteous dealing I shall desire all un-by-assed to Judge, and since, he and the rest have had the Retorie in their hands, there hath not a Sermon been preached by their appointment. And I would have preached to the people though nothing I asked for my pains; yet M. Craistour said it was not fit for me to preach, saying, I was a private man, because the hands of the Presbytery were not laid on me, upon order I left the place, five weeks the Clergy read to the people by the Commissioners appointment, as he saith, but after five weeks seeing their condition and hearing them complain to me, I have preached to them these six weeks for nothing, but now I am going with the Army into Scotland, M. Howldsworth an Enemy to the State, was indeavoured to be put in the place by Comissary Sewel, but the people would not accept of [Page 23]him. I could acquaint you with much more of this, and the like, but I rest
I have preached this 20. years, and was both Minister and Governour in Lunde Island, and was never excepted against by the Army or real friends to it, or the State.
Mr. Bywater Chapline to the Governour of Carlile, a man of good report writes to me this following Letter in approbation of what Mr. Lampit had writ, and M. Craisters unchristian dealing with him.
Mr. MAjor (meaning M. Craister,) quondam Captain, did (as I am in formed) chearfully bear Arms for the King in Carlile, yea, bought Arms with his own mony, after this he faced about to the Parl. party, and being imprisoned by the Royallists for it, by-and-by he recants the premises considered, for when Duke Hamilton appeared before Carlile, offering him release upon these tearms, viz, In case he would joyn with him and the Presbyterian party against England upon the last invasion, it is reported that he manifested willingnesse to receive freedom upon these tearms, for since he hath acted in that stream with a high hand by countenancing such as are extream enemies to this present power, * speaking words of division in the Parliaments Garrison though he himself had Commission there; Nay,As Mr. Baldwin who utte [...] ed in the fa [...] of the Regiment, strang [...] expressions tending to strife and div [...] sion. his whole current was for the Scottish Interest with the English Parliament, for he kept his Commission there, and received the sweet of it, till he with others were designed against Scotland, but then layes it down under this specious pretence that he could not in conscience receive any more mony from the State, in that he could not, or had not done them any service, because of his Majoralty, [Page 24]but all this while nothing said of making restitution, he was a friend to the Scottish Minister of Cockermouth, who refused to take the Engagement, he keeps in sundry Town-Officers that refuse the same, manifesting by sundry other actions that what ever his pretention is, yet his intention is not for the present power. My dear love to your self from him who is.
I do well approve of this other relation concerning Mr. Lampit, for Mr. Craister, manifested as much harshness as he could.
ALl men may see by this Letter of L. Fearon the rage of the Justices made by Sr. Arthur H. have against honest men, & that the poor Church of Broughton complain not without cause what would not these Justices do, if Armed with Law and countenance by the higher power, when they thus despise the Acts & Ordinances of Parliament? for it is more then a year since the Act for liberty to swear without layingh and on a Book was passed and published.
I Was sommoned to appear at the last quarter-Sessions of the Peace at Cockermouth where I did appear, and being returned to be one of the Jury, because I could not swear upon a book, Mr. Henry Pearson then Clerk of the Peace, fined me 10. pounds, and would not suffer me to be of the Jury. I shall desire you to help me, and other of our friends, who are troubled for the same, that we may have the benefit of the Act of Parl. concerning Book-swearing, Mr. Antrobus and Francis Smith are troubled for the like by Mr. William Tubman, Steward to the Earl of Northumberland in Egremont-Court, the Justices that sate upon the Bench the last Sessions when I was fined in 10. pounds are Sr. Willfrid Lawson, Henry [Page 25]Tolson, Thomas Curwen, and Miles Halton. I pray you do this for us; for the Parliaments suffering friends are much oppressed by their Enemies, Sir, I am
Mr. Appleby who writ this following Letter is a Cumberland Gentleman, and was forced through the Malignancy of the Justices, and the Committee of his Country, and withdrew into Yorkshire.
AFter my kind love to you presented (though unacquainted) yet I conceive by my wife and son, they have been much beholden to you, and if I had been intimate with you, when you had Sr. Willfride Lawson in question at London, I could have been a means to have accomplished your pursuit and desire, and if occasion hereafter fall I will give you instructions, which I hope will yet work effect. Sr. I conceive my wife preferred a Petition by your advice and furtherance unto the Councel of State, whereof she got no answer, so I heartily desire to know the event thereof, and withall your advise and furtherance in the prosecution of my causes, for I have sustained great losses and wrongs as any man in the Countrey, not onely from the Enemy; but from our Committee and Justices also, (meaning in Cumberland) I will justifie, and prove that great Delinquents and Papists have had, and still have more favour from them then any real and well-affected persons, who have adventured life and Estate for them in their service. I intended to have been at London not long since, but the times have been very bad and difficult with us, but upon any notice from you I will not fail to be with you before this Tearm [Page 26]end, (God willing.) So (good Sir) let me have your help, and upon receipt of your answer expect me with all speed.
I Could not without ingratitude and doing wrong to the Councel of State, who hath done so much for setling this Common-wealth in peace of security, but publish this their Declaration made upon reading my Remonstrance.
UPon reading the Remonstrance of John Musgrave on the behalf of himself, and others well-affected in the Counties of Lancashire, Westmerland, and Cumberland, particularly of Thomas VVorsley Esq Iohn VVorsley his son, and Elizabeth VVorsley his daughter, Capt. Richard Crakanthrop, and Mary Blaithwait widow; and upon hearing Mr. Musgrave himself consideration had of the matters remonstrated and desired to be done.
It is ordered and declared, That care shall be had and taken of putting the particulars specified into a way of examination and redress, and the Councel will endeavours, that a Reformation shall be had of the grievances complained of; some of which, as that of putting the Militia into trusty hands, are already under consideration; And this Councel further declares, that they will use their endeavours, that the particular Petitions of Mr. Musgrave, and the rest, may be presented to the House, and there read and ordered: In [Page 27]respect of the long attendance of the parties, as soon as with conveniency the same may be done, and as the publick affairs of the House will permit.
HEre (Reader) thou hast my Remonstrance it self upon which the Councel of State made their Declaration.
To the Right Honourable the Lord President, and the Councel of State sitting at White-hall. The Remonstrance, and humble supplication of John Musgrave, for, and on the behalf of himself, Thomas Worsley Esq John VVorsley his son, Elizabeth VVorsley his daughter, Captain Richard Crackanthorp, Mary Blaithwait Widdow, Thomas Gibson, and the rest of the well-affected in the Counties of Lancaster, Westmerland and Cumberland.
IT is not to be doubted but as Justice, and treasure are the chief supporters of all Common-wealths, & Kingdoms: so the neglect of the one by male-administration, and unduely raising, and mispending the other, have ever proved fatal to the present Governours and Ministers of States, as by wofull experience the greatest Monarchs, and States often, but ever too late have found. The mis-government of Eli, and Samuel sons made Israel change their Government, as well as their Governours. Sauls misorder transferred the Kingdom from his family to David, the great burdens, and many Taxes of Rehobeam caused the defection of ten tribes which never returned again to the house of David, and after few generations all Israel with their Kings, and Princes were displanted, and carried away into captivity for their oppression, and injustice, and for that sin the Scepter was taken from Judah, [Page 28]and they brought tributary to the Roman Common-wealth, as the Prophets complained in Judahs defection, and before their fall. Judgement was turned away backward, and Justice stood then afar off, for truth was fallen in the street, and equity could not enter, Is. 59.14.
Rome then kept faith with nations, executed Justice and judgement, for which she was a long time famous, and thereby became Mrs over the whole world. But when she began to oppresse, her Senators corrupt and partial in judgement; Soon followed the ruine of that long flourishing Empire.
The Rebellion of the Moors of Granado proceeded from the like, the cause thereof being, no other then the contempt they were in with the natural Spaniards whom they call old Christians, among whom the Moors lived in continual vexation, especially by them of the Clergy, and the Offices of the inquisition, and by the bad administration of justice, and the insolencies of the Ministers thereof; which war continued near two years, being both dangerous and difficult, and if by the wisdom of a Gold-smith which advised the King of Spain to send them a general pardon (none excepted) which Honourable condition the same then might have given an end to that Monarchy, as the Gold-smiths Councel gave an end to that war, the charge and losse was great, King Philip sustained thereby he spent more; then 5. millions of Crowns, and the interest of private men, and the spoil, and unpeopling of the Countrey was inestimable, in which war above 30000. Christians lost their lives, as for the Moors that were slain of all ages and Sexes, the number cannot be said. If these poor Moors had been intreated with more mildnesse and humanity, without doubt the Spaniards might easily have kept them in obedience.
But having said something of the Clergy, who have in all ages been the bontifieu of States, I can not passe over them without the relation of a cruel Edict, the Clergy of Spain procured against the poor Jews, the Kings Councel upon the reducing of the Kingdom of Granado to Spains subjection made an Edict fair in shew, but of pernitious consequence, whereby all the Jews that inhabited Leon, and Castile were injoyned to turn to the Christian Religion, and be baptized within 3 Moneths upon pain of confiscation of all their goods and perpetual banishment, this decree was received, published, and executed by the incitement and provocation (saith my Authour) of the [Page 29]Prelates, and sloathfull Pastors, who contemned their charge of teaching good, and wholsome Doctrine, and likewise by the Monkes, and other seditious Church-men; who desired rather to destroy then to feed those miserable creatures, unto whom they were in perpetual detestation, and scandal by reason of their wicked and corrupt lives, whereby it came to passe that the name of God was prophaned and blasphemed amongst the Jews and Mahumetans, who would rather have retired a thousand leagues then to draw near to receive any religious instructions from so irreligious a people, whose piety was but childish ceremonies, and external forms, their knowledge meer cunning, and deceit to maintain and increase their riches, ease, and unruly appetites, and their aime and end Honours and worldly glorie, with a popular opinion of wisdom in the affairs of the world, the which was plain, and evident to people of understanding amongst the Infidels.
Therefore it behoved (saith my Author) such ill-affected persons, and no wayes disposed to amend as were the Prelates of those dayes to set forwards such Councels, and to cause the King of Spain to practise courses fit, and pleasing to the devill who is a murtherer from the beginning, and Author of all ruine, and desolation which hath been since practised in all places of Christendom with very bad successe.
For torments, death, confiscation of goods, and such other like cannot beget▪ a grain of faith in the heart of man whose seed is the word of God, the watering the holy works of unfained charity by the example of the heavenly Father, and the increase thereof the spirit of the Lord, but they may well bring forth Atheisme, Hypocrisie, and despair in abundance which are the offerings, the Enemy of Jesus Christ demands: thus far my Author.
From the like doings it seems that ancient custome grew amongst the Biscanes, not to suffer any Bishop to come within their territories, the passage is very remarkable.
King Ferdinand of Spain to whom the custome was unknown, riding with a Bishop there, was advertised of their custome and constrained to send him back, the Peasants, and poor Countrey people thinking the ground infected, whereupon the Prelate and his Mule did tread, were busied for many dayes after, in scraping together the dust of the high wayes which they laid up in heaps, and threw it after [Page 30]with curses and imprecations into the Sea. The which certainly was not done without some mystery, those people being not void of Religion, but Superstitiously devout, as the rest of the Spaniards were.
Even in those dark dayes for their cruelties, and oppressions, had the Prelates and their Clergy contracted to themselves, such Odium of the people.
Here it will not be unseaonable to mention Don Pedro of Portugal, Son to Don Alphonso the fourth, who for his prudence, and equity purchased the name of Justicer. This Prince so ordered his house, and train, that his officers were expresly forbid to molest his Subjects, especially purveyors not to take any provision for his house before they had payed the price which the seller demanded upon great penalties, yea, death in some cases. Hearing that Advocates whom we call Lawyers, did multiply suits, as that of one, they often made many, he discharged and banisht them all out of his Realm, and imposed great punishments upon Judges that should suffer themselves to be corrupted with money or otherwise, yea, with losse of life and confiscation of goods. He made many Laws for the shortning of fuits, appointing fir men for Judges, causing his Ordinances, and Laws to be executed with rigour, he appointed great punishments for light offences; And if any told him he was too severe, he answered it was the means to reform vice, and that it was pleasant unto God; for if the wicked were not kept in awe with the fear of death, they would never be restrained with lesser punishments, finally to have the good live in peace, it was necessary to punish the bad severely. And as soon as the pleaders had made their demands, and pertinent answers given, they were presently dispatcht if it might be. If by any tricks and devises matters were delaid, the offenders were punisht, that is, the poor by the whip, and the rich by fines, by reason whereof his Realm flourisht in peace, and abundance of all things: and he was Honoured, and beloved of his Subjects as much as any prince living; he had often the saying of the Emperour Titus in his mouth, that he held the day lost wherein he had not done good to some one, he was more severe to his houshold-servants then to any other; he caused a Secretary to be slain, having taken money without the privity of his Treasurer.
But it happened far otherwise with wicked, and bad Princes, who not onely bring destruction upon themselves, and families, but causes [Page 31]the change and alteration of the Government it self, as Rome did; who after they had banisht Tarquine, their last King for his Tyranny, conferred the Government of the State upon Brutus and Collatine, but because the name of King was odious for their wickednesse in their ears, they changed the manner of Government from perpetual to annual, and from a single Government to double; least perpetual, or sole domination, might be motives to usurpation.
These we mention not that we conceive you are ignorant thereof. but that in them we behold how our good God in all ages, and times hath punisht, and dealt with Tyrants, and oppressours, and his mercifull dispensations towards, and the many favours and temporal blessings he hath bestowed on good Princes, and Governours though Infidels, and Aliens from the faith of our Lord Jesus.
And seeing the Lord of heaven and earth by your Councels hath thrown down the strong men of Babel, and removed those who by new Councels would again have set up our old Task-masters in a more specious, but far more dangerous, and destructive way then the common Enemy ever projected, even to be done by a Parliament.
This Nation having received so great benefit by your Councels, we are humbly bold to make our addresses unto you for relief, having affayed all other known wayes and means.
We under God do repose the hope and remedy of our afflictions, and redresse of our grievances in the Justice and bounty of this Honourable Councel; in which respect, as well on the behalf of our poor Countrey as our selves, we begge, and intreate you to cast your eyes of mercy upon our afflictions, to cure our griefs, and redresse our grievances, with timely, and seasonable remedies, agreeable with your wisdom and Justice. We never were Refractory to your Commands, we hold that belonging to our duty and fidelity which depends upon your Authority, or respects your security. We beseech you let our tears, the true demonstration of our sorrow induce you to defend us against the oppressions of those who by Oath, and action joyned with the Enemy, while he had strength against you; and now in a more secret way labour to weaken you, and again set up the Enemy by ruining your friends, and oppressing the Countrey.
We hope our necessities, and poverties will not make you lesse willing to hear our complaints, & do us Justice: for he gives a grievous [Page 32]sentence against the State of mans mortality, that denieth compassion to men in misery, and your Honour, and Justice makes us assured that you will not reject us, because that we are men afflicted, it being not onely piety, but good pollicy to minister succours to men in neceslities, and to relieve such as suffer, and expect it: your glorie being more to relieve the oppressed then to conquer our Enemies; for as the one is just, and necessary for your security, so the other is an high Act of charity, and Justice, and thereby you become Masters of affections.
We will therefore with all humility present to your view a short Narrative of our State and condition, and clearly demonstrate unto this Honourable Councel, how the Authorities of those Counties are put into the hands of the known and professed Enemies of this State and Common-wealth, by whom we are as much oppressed, and kept under as ever we were formerly under the Enemy.
In the beginning of this war, the Justices of the Peace, & Commissioners of the Array in Cumberland & Westmerland, the more easily to deceive or affright the people, caused all such as they suspected to favour the Parliament and their proceedings, to be imprisoned, indicted or bound to the good behaviour,For not coming to Church & Common-prayer. either upon the * statute 23. Eliz. or for refusing the Oath of Supremacy, the Earle of New-Castles Oath, or for not taking up Arms with them. Of whom first imprisoned were John Musgrave, and Captain Richard Crackenthorp; by whose boldnesse and constancy in bonds, and sufferings, Mr. Osmotherley with 2000. men in Cumberland declared against the Commissioners of Array, associated themselves together, and for half a year could not be reduced under the Commission of Array, till by the treachery of Sir Wilfrid Lawson, they were delivered up into the Enemies hands, and then Lawson used great cruelty against such as were for the Parliament there.
And that the Enemy might uphold their interest the better, in case the Parliament prevailed, by agreement and combination, Sr. Wilfrid Lawson with the new Committee seemed to disaffect the Kings party, for which they were confined to their Chambers, but it was meer dissimulation, for after few dayes they were the men in favour, and great promoters of men and money for the Enemy, and cruel persecutours of the Parliaments friends.
Upon the reducement of Cumberland to obedience of Parliament, [Page 33]Sir Wilfrid Lawson procured himself to be made Commander in chief over the Forces raised there, by which he and the Committee protected the Delinquents, and more oppressed the Countrey then ever the Enemy did, the better to colour their doings, the whole Committee, being Delinquents and of the Enemies faction procured an Order from the Commissioners of Parliament, to suspend all Sequestrations, which was done accordingly, in the mean time raising great sums by way of Loan, without order or Ordinance of Parliament, besides all other Taxes, whereby they made the commonalty like disaffected as themselves. And to prevent any of the Parliaments friends from having any Authorities there, it was upon private and serious debate resolved betwixt them and the Parliaments Commissioners, that such as had acted, or suffered for the Parliament, being called Independents, should not be any wayes trusted or imployed: two Moneths after the County was reduced, and the Commissioners of Parliament gone thence, the Committee underhand incouraged the Papists and the Countrey to take up Arms to raise the siedge of Carlile, and furnished the Enemy within Carlile with all manner of provision, and the Countrey people with shot and pouder upon their declaring against the Parliament. That all Officers under Sr. Wilfrid Lawson were professed and sworn Enemies to the Parliament, and had been Officers and Captains before for the Kings party, Sr. Wilfrid Lawson had from Sr. Philip Musgrave 20. Horse to protect, which he returned to him again, a little before Sr. Philip Musgrave did rise last against the Parliament. Of all which the well affected complained to the Parliament, but their Agents through the countenance of some in Parliament were cast into prison, whereupon the well-affected sent their Petition to the Parliament, for releasing their Agents, and redresse of their grievances, but could never to this day get the same presented. The Committee sent complains to the Parliament, how the number of Independents and Sectaries increased thereby to make easier way for the Enemy & the Lord Digbies coming into those parts, upon whose coming Lawson deserted the Countrey, and made no resistance; After the Kings coming to New-Castle into the Scots Army, Lawson went to kisse the Kings hand, and then he and the Scots confederated together (whom before he seemed to oppose, to suppresse the Armies friends, and indicted sixteen at one Sessions for not coming to the book of Common-prayer, and others [Page 34]they fined for refusing to swear upon a book, and others they committed.
That Sr. Wilfrid Lawson being summoned to appear before the Committee of Indemnity to answer his Delinquency, his friends in the house of Commons provided an Order to the contrary, and for his stay in the Countrey; which he received ten dayes before he left the Countrey, and came to London under colour to answer his charge: but before he came away, he caused all the Arms of the Countrey to be brought into his Isle upon the Counties charge, and made Governour thereof one Bewley, a vain drunken man, and one that was disaffected to the Parliament, who shortly after delivered up the same with the Arms therein, to Sr. Edward Musgrave, and Richard Musgrave, Lawsons brother in Law, and though Lawson raised great sums of money for maintenance of 30. men allowed him for the Isle, he kept but 3. who upon the first summons delivered it up, upon Sr. Philip Musgraves coming into the Countrey with 16. Horse at most: the Committee gave him way to muster the Countrey without making any resistance, and Carlile was taken in by 17. men, which could never have been but by the treachery of Lawson, and the Committee.
While Sr. Philip Musgrave thus raised men and money by the Committees compliance, Lawson and Major Barwis he here at London, and under pretence of their present going down, got orders for auditing their accounts, amounting to many thousands, which they sold; whereas in truth they had raised double the pay upon the Countrey, and then lay a long time in London privately, having caused the Parliament to be made acquainted, they were gone into Cumberland, while they were here in Town and whither they never went till after Preston battel.
That though Sr. Wilfrid Lawson was not in Commission in his travel from London, he with his Lady, and servants took free quarter, and Countrey mens Horses from them in Bishoprick. And after the surrender of Carlile to Sr. Arthur Haslerigge, he procured Captain Fenwicks Horse to raise him great sums of money of the poor Countrey people for his pretended losses, having no Order nor Act of Parliament for so doing, whereof one of the brethren of Mr. Serjant Birket, came to the Parliament to complain, but the bad successe others had before in the like ease deterred him, and so he returned without relief or redress.
That Sr. Wilfrid Lawson, and the Committee to keep the favour of Sr. Philip Musgrave, suffered his Lady to enjoy her Husbands Estate under colour of farming the same, till Duke Hamleton came into Cumberland. Sr. Wilfrid Lawson did for a long time take the profits of Rose-demesnes part of the Bishop lands to his own use, whereof we came to the Parliament to complain: But the Knights, and Burgesses who served for those Counties, were so far from assisting us to get our grievances redressed as to this day not one of them would ever yet present a Petition for us. All such as were Countreymen for their Delinquency having since left the House; but when any Delinquents of the County came to compound at Gold-smiths hall, they never wanted some of our Parliament men to attend them thither, and Sollicite for them.
The Earl of Northumberland who hath had 10000. l. for his pretended losses, procured Mr. Allen, a Gold smith of London to be elected Burgesse of Cockermouth in Cumberland, who though he professed better things would not present a Petition for any of the Parliaments friends there. Mr. Allen hath had Widdow Blaithwaits. Petition in his hands more then three years, yet unpresented, who after she had attended above two years, returned home without relief. M. Allen kept the Petition of Thomas Gibson in his hand near two years, a man committed by the Commissioners of Array, and laid in irons for the Parliaments cause, the poor man was glad to return home with nothing but empty promises from Mr. Allen, to bear his changes near 300. Miles. Mr. Allen kept the Petition of John Musgrave and Captain Crakanthorp so long as glad they were to take it from him. Yet doth the said Earl imploy, or intrust not any there in any Office, but such as are professed Enemies to the Parliament. And when the Earl was desired to present some Petitions to the House or Lords for some distressed in Cumberland, he refused to do the same, saying, the never presented any such thing
By the Earles imploying of the grand Enemies of the Common-wealth, and Mr. Allen. neglect of his duty, the Parliaments friends there still lie under greater oppressions then when the Enemy was possessed of the Countrey.
Sr. Wilfrid Lawson, and the Committee with the countenance of Mr. Howard, who raised two Troups for the Enemy under Duke Hamleton, and resorted to the Enemy in Carlile, and sent them [Page 36]Venison, and other presents, by the Votes of Malignants of Carlile of late got the Lord Howard, Mr. Howards Father in Law returned Burgesse for Carlile, and thereby they doubt not but to uphold their interest still, knowing the Lord Howard will not present any thing to the Parliament, whereby the oppressed Countrey, and distressed friends of the Parliament may obtain any Justice from the Parliament, as we have found the same too true by sad experience: for being sollicited to present some Petitions to the Parliament for some of the Parliaments suffering friends after several dayes attendance he desired to be excused, for he would not present the same.
So that without the assistance of your good Lordship, and this Honourable Councel, the well-affected of those Counties are hopelesse ever to come from under the oppression of their Enemies; all Authorities there being in the hands of the sworn and professed Enemies of the Common-wealth, some of the Committee there now residing in this Town, being Justices of the Peace, and having other great places, and Offices of trust, upon their coming thence, declared they could not now Act with the Parliament, which was the cause of their leaving the Countrey, as they have said to some of their friends here.
There is not a Committee-man in Cumberland, nor Justice of Peace in either County, Cumberland or Westmer-land, saving one or two at the most, but many wayes have discovered his Malignancy and disaffection to the present proceedings of this Parliament.
And without the same be prevented, it will be a means to draw an Enemy thither, knowing they shall have no resistance; Lancashire the next adjacent County who by their Petition to the Parliament against Sectaries subscribed with 12000. hands, have manifested their disaffection, will be upon all occasions likewise ready to entertain an enemy thence: not a Member of the house there would ever yet present Mr. Worsley and his childrens Petition unto the Parliament, who by the oppression of wicked Judges, and the Prelates persecution are ruined in their Estates, and every year have their goods taken away for their non-conformity to the book of Common prayer, as in the Prelates dayes, and to add to their affliction, some Parliament men there, namely Mr. Holcroft, have banisht them the Countrey for Sectaries, and by his Souldiers seised their rents there, for [Page 37]these five years, and still take up the same, being demanded by what Authority they did take up the Rents there? Captain Holcroft held out his Pistol, and said here is our Commission.
All which is fully and truly set forth in their Petition; which doings, and the like oppressions have brought the wrath and judgments of God upon the Parliament, even by breaking them twice with their own strength.
But the Lord hitherto hath preserved the Nation from breaking, by his righteous judgements upon the Parliament. We therefore humbly supplicate your Honours, to whom we fly for refuge and help, as the last, and visible means under God for our recovery, in this our lost and perishing condition, having not onely fruitlesly spent above five hundred pounds in attendance upon the Parliament, but lie open to the mercilesse cruelties of our adversaries, and every day in danger to be surprised by the common enemy.
If you neglect us, the same may likewise indanger your safety as our ruine, and hasten the curse upon you which as a Milstone is fallen upon the late King, his House, & Pears, & which you can no other way avoid, then by your equal, and due administration of justice to the poor as to the rich, & which in all probability will break factions, and recover unto you the lost affections of the people, and raise again the drooping spirits of your oppressed distressed friends, and prevent the adversary of his purpose.
Now the better to facilitate this great work, so long retarded by some corrupt Members of Parliament, where, if not by your all delayes, and obstructions of Justice ought to be examined, and redressed.
It will not be amisse here to relate the expedient the wisdom of our Ancestors found out to prevent the delay of Justice, and not to be left onely to the will of private and particular Members of Parliament, when, and how to bring in Petitions as now is practised, to the dishonour and great scandal of the present Government, ruin not onely of private families but of whole Countreys, and which hath rendered the Parliament to be no other then upholders of Injustice, & supporters of Tyranny and oppression, far contrary to our exspectation and their promises and engagements; and which necessitated his Excellency and Armies to advance to London twice against them.
The old and good way of bringing in Petitions into the Parliament for the equal distribution of Justice to all Suitors, was not by the Speaker, [Page 38]or any particular Member thereof, but by the Masters of the Chancery, who by their place, and Office were to attend the Parliament for that very end and purpose, as the Rolls, of most times witnesse, it being by the old mod. tenend. Parliament and others accounted against reason, that Petitions should be taken, & brought into the House by those that were to debate, and determine them, for so might they at pleasure keep them out, or too happily press them on; Therefore saieth the same Author, Petitions were filed in course, and so to be debated as they were received; which were intrusted to the care of known and sworn Officers of the Kingdom, who of old time were appointed for triers of Petitions to enquire of the matter of fact expressed in the Petitions, that it might be rightly stated before it came to be debated in the House.
By the disuser whereof Justice hath been obstructed, & the same hath brought contempt upon the Parliament, & no means left us for making known our grievances; and to compleat our misery, the worst of men again creep into Magistracy, by which they do the Parliament more disservice then when they openly acted in the way of professed enmity; as by this ensuing storie of a cunning welch Judge will appear.
A Gentleman suspecting the welch Judge to have been the cause of putting several of the Parliaments friends out of Commission of Peace, and others known disaffected, and delinquents to be in their place, did entertain discourse with a bosome friend of his, by way of complaining.
The Gentleman said the Judge was ever taken for a friend to Cavaliers, and it was not well taken that he had put A. M. from his practise for A. M. was truly the Kings friend: the other replied, and said if it were so, the Judge should bring him again to his practice, for he loved the King, and never was man so cast down as he and his Son were for the Kings death, both of them wept bitterly when the King died; then said the Gentleman, but I fear the Roundheads will complain of the Judge for putting them out of Commission, and the Kings friends in their place, and so the Judge might come into trouble, and be lesse able to serve his friends: the other answered, take no thought for that: as he waited all opportunities to do good Offices for the King and his friends, so he doubted not but to come fair off, if Roundheads did complain of him; for a Parliament man (whom he then named) would own the thing as his own act, who was able to deal with all that should oppose.
By all which your Lordship and this Honorable Councel may clearly perceive what imminent danger you are subject unto by these petty Tyrants of the time, who as they oppresse us, so they wait but for an opportunity to remove you from your seates.
Now we leave it to your consideration, if delay of Iustice be adenial of Iustice, or rather Injustice it self, how unjust men be these our Northern Gentlemen of the House of Commons, who since the Parliament began would never present a Petition for us? some of us having since the third day of the Parliaments first sitting down attended, and sollicited for that purpose, therefore as you tender your own safetie, regard you Honors, respect Justice, love the Common-wealth, and are affected with any bowels of compassion towards a distressed, afflicted, and oppressed people, take our Remonstrance into your serious consideration, with these our humble requests.
1. That all Delinquents in the North according to Ordinance of Parliament may be removed from all Offices Civil and Martial, and that under a penalty.
2. That the Moneys unduly leavied by Sr. Wilfrid Lawson or any others with us, upon the Countrey without order, or Ordinance of Parliament, may be accounted for, and satisfaction made to the parties wronged.
3. That Mr. Worsley and his childrens sufferings may be taken into consideration, and relieved, and provision made that for their non-conformity to the Book of Common-Prayer, they be not further molested either in their Persons, Lands, or goods, all charges charged, and issuing out of the Exchequer against them for the same may be discharged, and nulled, and the burthen of Book-swearing taken away.
4. That John Musgrave, Captain Richard Crackanthorpe, Mary Blaithwaite, and Thomas Gibson, who are wasted with a long and chargeable attendance, may have fitting repairations for their losses, and sufferings, by the Commissioners of Array, Justices of the Peace, and Committee-men of Cumberland.
5. That Mrs. Vaux Petition, with the House of Peers Order upon it, may be taken into like consideration.
6. That John Musgrave for his discovery of concealed Delinquents in Cumberland, and his attendance upon the Committee of Lords and Commons for sequestrations may be taken into consideration.
7. That a way may be provided, that the grievances of our Northern [Page 40]Counties & the oppressions of the Justices of peace & Committees there may be removed, and such as have unjustly suffered by them may be repaired; to the end, we may not be constrained after 300. miles travell hither, to consume the little that is left us by the adversary, in a fruitless and chargeable attendance for moneths and years, as for these 8. years and more we have done, upon such men as will not, nor ever did present a Petition for us, themselves: for the most part having by some irregular way, & undue election by the votes of Malignants, or Letters of some petty Tyrants, or Lord, being returned Knights and Burgesses for our Counties.
This following Letter I writ to my Lord President, who thereupon sent for me, and shortly after procured me audience before the Conncel of State upon reading my Remonstrance, which I at the request of some friends, have published as in thankfulness to his Lordship, so to satisfie and inform friends, how and for what Interest I have ever acted and suffered.
SInce my Letter to you by Mr. Rumsey, of the 18. of the first moneth, I did forbear any wayes to be troublesome unto you, neither would I now (if I could) have found a door open unto me for justice, which hitherto as to me and my suffering friends, hath been altogether shut up.
And now I am constrained, as the most probable means to attain my wished desires, to make my supplication to you, and though I could not in spirit go along with you in your last actings towards the late King, by the reason of the many oaths, and engagements made, and taken on his behalf; yet I have ever held it my duty, to submit without resistance to such Powers [Page 41]and Authorities as the Lord of Heaven in his wayes shall set over us, accirding to the Apostles Rule, Rom. 13.1.2. Yet I cannot but put the Lords on earth in mind, how the same Apostle saith in the same place, that Rulers ought not to be a terrour to good works, but to the evil. But while oppression and injustice in any, is either connived at, or past by upon complaint unpunished, the wicked growe bold by their impunity, and the Magistracy becomes a terrour, and the Law no other then a snare to all honest men.
My Request to you now, is neither for place nor promotion, though these be due to deserving men, as the rewards of vertue.
Therefore I shall never envy nor upbrayde any upon whom the same are conferred by a State, or other; but give me leave to tell you, while the poor are neglected, the oppressed unrelieved, and justice not done freely in your gates, that is, openly and not in Chambers, security or comfort you cannot long have in the enjoyment of them.
I have wearied and wasted my self ever since the Parl: first sate down, in seeking to remove oppressors from their Seats, and gaining justice for poor people, but never to this present day could I bring my purpose to passe; for which I blame not the Parliament, but such as sit there in right of our Countrey, who only mind themselves, and do their own work, regardless of us and our Countrey.
For by fitting there, they become great, purchasers of Lands and Mannours, fare Dives like, while we at home are spoiled of all, and here disreregarded Lazarous-like, lies at their doors begging for justice, but never yet could taste the least of their Crums, so as from them I am hopeless ever to obtain any good.
If I had been a Solicitor or Agent for Cavaliers at Goldsmiths-Hall, to the Committee of Sequestrations, or to the Parliament, I might have got Wealth, and had the countenance of the great ones, and found ready dispatch of business. I know one poor Solicitor that way hath gained 2. or 3000 l. at the least.
But I agitating for a poor plundered People, could never gain the favour as the reading of a Petition.
Mr. Allen hath had poor Widow Blaythwaits Petition (one whom you sometimes owned, and did good to) in his hand near 3. years, yet could never find opportunity to present it, he held me in hand more then a year, he would present mine, and Captain Crakanthorps Petition; but in the close, finding no real dealing with him, glad I was to take it from him, by no hand could I get access unto justice.
When I came the other day to present my Petition to the Councel of State, I desiredA Member of the Councel of State. Mr. Scot to bring it in before you, he told me it was not proper for you, before he read or knew the Contents of it. If I had told him some prety story of some hidden treasure, I should then have had ready admittance, and well rewarded; but while he Dog-like snatcht at the shadow, he lost the Gold in his hand. Let all such covetous wretches be so served: I forbear to particularize, it is a story fitter for Pasquile or Tarleton then your graviry.
I remember when the Earl of Strafford came first President to York, and for sundry years after, the same being the usual Custome of the Kings learned Councel there, every day after dinner, for an houre and a half before he went to Court, or entered upon any other business of state, suiters by turns were called in, & their Petitions read, being before received from them of course by the Clarke of the Petitions, there being two that attended every other week for that purpose, who had their diet, and a constant salary; for that purpose, so as the reference and attendance to the suitors was no way chargeable, none being necessitated to wait for answer longer then two days at the most, a good president for you and the Councel of State to follow.
By which doings, for sundry years, he kept the North free from oppressions, and mightily gained upon the affections of the people.
The which when he gave over, and begun to be proud, and covetous, his Table became a snare to him, and his glory departed, and soon after followed the down-fall of him, and that Court; and how he was after prosecuted with the envy of the people, his tryal and death is enough to mention.
Ʋpon his tryal I was by the Lord Whitlock brought before the Lords in Parliament, and presented to them, as a ruinated Gentleman by him: without me, it was then said, they could not have made forth any considerable thing against him, of his illegal, regal actings in the North: then I had the plaudite and thanks, not only of that Committee, but of many other eminent Members of the House with many and large, (though then undesired,) promises to procure me justice, and do great matters; for which service I was committed by Justice Dikes, (one of the Deputies Creatures) to Carlile Castle; upon my return home, after my attendance upon the Tryal upon my own charge, but John Musgrave was never after owned.
My prosecuting against our Malignant Committees, though I got a prison: yet you gained both honour and friends thereby.
Vpon your encouragement, I brought a list of the concealed Delinquents [Page 43]of our Countrey, and proved the same before the Committee of Lords and Commons for Sequestrations, which cost me in attendance near 100 l. I return you again your Order.
I hope you will so order the business, for if you please I know you can do it, that I may have some proportionable satisfaction for my former service, losses and sufferings, and some right done to my suffering friends.
Sir Wilfrid Lawson, for his pretended losses by Hambelton, without either Law or Act, Order, or Ordinance of Parliament, could raise 3000 l. for his losses from the poor Countrey, that never did him wrong, the Countrey being then delivered up to Hambleton by the Cowardise and treachery of Lawson, and his Confederates there.
But the poor Widow Blaithwait cannot be heard, I desire you to peruse Mr. Worsley, and my poor Mothers Petitions, with others I sent you, that I may obtain so much favour, as to procure us common right, I may be thought in remembring my former actings, to hunt after praise or reward; truly I had been altogether silent, even as I was in my former troubles in the Fleet, and buried the same in oblivion, if I and my suffering friends of the North, for whom I agitate, had receeived any common right or justice from the Parliament, which if you procure us, we shall with all thankfulness acknowledge the same; and you will obliege me to be ever, as truly I am,
Here I though good to insert a letter written to Sr. Thomas VVitherington, formerly printed, in regard it relates to our former and present grievances.
I Expected ere this to have heard of your report to have been made to the House, upon the vote passed for M. Cracanthorp and my self, for the great losses that we have sustained by the Enemy, the Iustices of the peace, and Com. of Array in Cumberland and Westmerland; I here attended the last winter, 13. weeks before I could get the Petition presented to the House, six moneths upon the Committee I waited before I could get any vote passed upon the Petition, since the vote of the Committee was made, which you are to report unto the House, it is now nigh four moneths; yet nothing done, which makes me much fear that little good is intended us, and that we shall be made more miserable in seeking the recovery of what we have lost, then in losing the same, undergo more hardship, and be brought to greater straits by waiting on you, then by lying in the Enemies prisons for you. You know the deferring of Iustice; in Law is holden for denyal of Iustice. The Parliament put us to an oath to maintain the lawfull liberty of the Subject; the Enemy because I would not joyn with them in the breach of it, and in betraying my Country, forced me into Exile, and seized on that little Estate I had; now again upon the report of M. Lisle (after his many differings and puttings off, even to the hazard of the losse of our Countrey, and if Sir John Brown (as is well known) with his Scottish forces (upon Cumberland forces deserting him) by his valour had not prevented it, the Enemy by some of our seeming friends who joyned with them, had without any great difficulty, no opposition being made by Col. Lawson, effected their designs in that Country.) Of my pretended refusal to answer, which I did not, but onely desired the Interrogatories to advise of, before I answered for matter of Law, which contrary to Law he resused to grant me, though earnestly desired, all which may fully appear by my [Page 45]answer and reasons given for not answering then to the Interrogatories before the Committee, (and taken in writing by M. Lisle himself, before the same Committee and some other members of the House, and which was then read unto me) am I again cast into prison, and condemned thereunto unheard, and my greatest fault (if any be) in this case, is my Lawfull maintenance of our common freedoms, and my doubting, and desire to be resolved before I should act that, which seemed to me then, and now I know to be not agreeable to Law; and here I lie in prison for this, while Traitors and the grand Enemies to the State, are by this means suffered to walk London streets, even they of whom I complain; for which I cannot but blame M. Lisle, being thus injured by him, and my Countrey almost undone; For as Sr. Edward Cook well observeth, it is the greatest Injustice, when the Innocent is oppressed under colour of Justice; whereby we ought to be protected: I am perswaded that if that Honourable House by whom I was committed were truly acquainted with my suffering condition, and knew the ground thereof, they would not suffer me to lie in prison one day longer; and if they rightly understood the unsetled state of our Countrey, and what harm the neglect thereof hath been to both Kingdoms (this and Scotland) and what advantage to the Enemy, and also what further evil may ensue thereupon; I believe we had not been so slighted as we have been, neither our Countrey men have had such just cause to have complained of delay and neglect, as they by their letters to me sent daily do, neither had the adversary I suppose, been so born out.
As long as honest men are thus slighted, neglected, and kept under, their just complaints thus delayed and suppressed, while Traitors. Papists, and Delinquents be thus countenanced and protected, as those of whom we complain have been and still are; while the greatest places of trust and command are conferred on, and continued in the hands of Traitors, and the grand Enemies of the State, as hath been, and now is with us, and still they are kept up in their Authorities; while the Parliaments and the Kingdoms faithfull friends and servants are thus molested, oppressed, and shut up in prisons for their good affection, forwardnesse, and willingnesse to serve the State and their Countrey: How can we expect the restauration of our ancient and long lost Liberties? How can we look for an end of these our troubles? While things are thus carried on, little peace can be hoped for [Page 46]this poor and distressed Kingdom. Let us no more cherish the Serpent in our bosom, which having got strength will again wound us, if not destroy us: I could wish that these troublers and Enemies of our State, against whom onely I inform, and with whom I onely contend, may no longer be suffered to escape, but may be brought to condigne punishment, according to the Law, and merit of their offences, lest by others faults the Parliament should suffer in their credit, lest that it should be thought the Parliament were offended with as for seeking Justice, and pressing forward our Countries just complaints and grievances, lest it should be thought the Parliament should seem to justifie (or connive) at these their lawlesse practises and oppressions (which we are ready in a legal way to make good according to our charge) by forbearance and sufferance of them: For it is a maxime in Law, Qui non prohibet quod prohibere potest, assentiri videtur; [He that suffereth not that which he may let, is conceived and said in Law to assent.] Let no such blot lie upon that Honourable House; let not the potency of our adversaries overthrow the justnesse of our cause, neglect us no more, lest (besides the blame and out-cries for Justice) you bring ruin upon us and your selves, by leaving us open to the Irish, which may the sooner invite Ormond to invade us with his Popish and revolted Forces, having such an easie entrance, if the same be not prevented.
As you tender the good and quiet of the State, timely provide for this, and have respect to our poor Countrey; let all Delinquents, Traitors, and men dis-affected, all such as are tainted with covetousnesse, or cowardize, be removed out of all Authorities, and the same put in the hands of confiding men, fearing God, and hating covetousnesse, and all basenesse; such as would not be in the worst of times carried away, or corrupted through fear, or losse of goods, or hope of preferment, to joyn with, or submit unto the Enemy, or act in a neutrality, which is holden for most detestable: Neglect of those parts may prove of dangerous consequence; There, and not well else-where in the North, may the Irish land at their pleasure, and daily are expected there; from thence Digby by connivance of some of our English Commanders there, (as is conceived) had free and ready passage into the Isle of Man, and so for Ireland; from thence the Earl of Antrum had like passage, and way into Ireland, with the Royal Commissions for Cessation of Arms there, which produced such sad effects in that [Page 47]Kingdom. Montrosse made his way for Scotland twice that way, to the great losse of that Kingdom, he invaded Scotland and took Dumfrece, hence the Earl of New-Castle had his first rise of his Popish Army in the North, and daily supplies of men and monies, till the reducement thereof by the Scottish Horse; hence since the reducement the Enemy in Dublin and the Isle of Man had Cole and Victuals: Here the whole Gentry are Malignants, Delinquents, Papists, Popish, or base Temporizers; Here not ten of the Gentry in both these Counties, nay, I dare say, not so many have proved Cordial to the State, but have submitted themselves, or acted to and with the Enemy; Here the Gentry have revolted since the reducement thereof, more then once or twice. Here Will, and Oppression, reigns more then in any Countrey now subjected to the State, so long as the powers and Authorities reside in the hands of such Neutrals, Temporizers, Self-seekers, Traitors and Delinquents, as now it is, the Enemy (though peace for the present were concluded and setled) yet might upon new and after discontents of a sudden, endanger the losse of the whole North, by the help of that Popish faction in those parts, who have got in their hands the chief places of trust and Command there, though you had no care nor regard of us, yet for your own good, prevent this mischief, the which done may produce (though little considered) the fruit which may prove to be a well grounded peace to the whole Kingdom; Though neglect of us, could be no prejudice to the publick, which will be of no small concernment (as I have already shown) yet the redresse of our Countries grievances in common equity ought not to be so lightly passed over, all which hitherto (but all in vain, for fourteen moneths together) have been pressed on, but by one Committee or other still frustrated; and in Justice you cannot deny us audience, and an equal trial either at the Common-law, or in full Parliament, as in your wisdoms shall seem best for the publick, and our particular good, for that the Law is our common birthright; which we may without offence (I hope) and do challenge and claim the benefit thereof, and therefore we have no cause to doubt or be fearfull in putting our selves forth, considering how that general rule in Law is still in force: Quod curia regis non debeat deficere conquerentibus in Justitia adhibenda; That the Kings Court should never be failing (to such as complain) in the doing of Justice. And of Courts Judicial, we acknowledge the Parliament Supream, which ever hath been, and I hope still will be the great and [Page 48]faith full up-holder of the Common-Law, and of the rights and Priviledges of all the loyal and true-hearted Free-born of the Kingdom; I pray you, good Sir, peruse these papers and Copies of Letters, the Originals I have all, except two, which Master Blaxston hath, to whom they were sent and delivered; withall, I would intreat you to present this my Petition to the House of Commons, M. Speaker hath seen it, and saith he will speak to it; I could not presse him further, in respect he had formerly presented one for me: which was referred to the former Committee, but by M. Lisle (who is the Chair-man) suppressed; and I could never hear more of it; the ground of this my Petition, I hope you will let me understand what you will do here concerning the whole matter, by this bearer Master Hobkins (the Warden of the Fleet) which hath shown me kindnesse, in his readinesse to do me this favour, if by your means and the Justice of the house I may obtain my liberty, and our Countries cause put in a way of trial without further procrastination, I shall not be unthankfull, but ever rest