Yet another word to the Wise: SHEWING, THAT The lamentable grievances of the Parliaments friends in Cumberland and Westmerland. Presented by their Commissioner, Mr. Iohn Musgrave, to the House of Commons above two yeares agoe, are so far yet from being redressed, that the House of Commons not only protecteth Mr. Richard Barwis, one of their owne Members, from the Law, being accused of High treason, as appeareth by the great charge against him in this treatise contained.
As also against Sir Wilford Lawson, Commander in chiefe of Cumberland, who betrayed that County into the enemies hands. And after he was Commissioner of Array, carried Men and Arms out of the Countrey for the King against the Parliament.
But in stead of doing justice either against them or other accused Traytors to the Common-wealth, they have most unjustly committed that worthy Gentleman, Mr. John Musgrave, (their Accuser and prosecuter to the Fleet prison) above these 12. moneths, without any kind of allowance to himselfe or Family, or so much as any appearance yet of any faire hearing, triall, or deliverance.
Matters worthy all the freemen of Englands serious observation.
So I turned and considered all the oppressions that are wrought under the Sunne, and behold the teares of the oppressed, and none comforteth them, and lo the strength of the hand of them that oppresse them, and no man comforteth them.
Printed in the yeare 1646.
To our honoured friend Mr. John Musgrave, who through God hath done and suffered valiantly for Truth and Iusti [...]e, and the Freedom of the Nation, Grace and peace be multiplied.
WHereas in the midst both of our own particular grievances and of the generall judgements, which (lik [...] the waves of the Sea) do so succeed one another, that they seem to strive which of them shall first make an end of this idolatrous and sinfull nation, we look with sorrowfull hearts upon your deplorable conidition, with all those that are nearest and dearest unto you; and that for no evill, but for your welldoing; which tendeth greatly to all our comforts. For in regard of your Fidelity, Magnanimity, and Constancy, you were chosen by the wel-affected party in your Countrey, to present their grievances to the House of Commons, it being one of the chiefe ends wherefore the whole Kingdome hath chosen and assembled them.
But the house of Commons in stead of hearing and redressing your grievances, have added new grievances unto those which formerly you have suff [...]red in their owne quarrel against the cōmon enemy, they have unjustly imprisoned you these 12 months, protected traytors amōgst themselves from the Law, permitted them not onely to set up malignants and other traytors in chiefest places [Page]of trust and command in your Countrey, but left an open passage there, both for Montross and his wicked c [...]e to goe through and opp [...]esse Scotland, and for the Irish rebels to enter England; so th [...]t by these and such means they hastened the desolation of both Kingdomes, if God had not a gracious protection over his own, and did not both continue Kingdoms, and reprove Kings and States for their sakes.
Yet we shall rather with teares seek their repentance, then their persisting in such courses, seeing they are placed in lawfull authoritie, and have a good cause, though they seek too much their own, and too little the Kingdomes good in managing it▪ and that they might be first reformed at home amongst themselves, before they goe abroad to reform others: otherwise if they shall still advance themselves, and not heare the cries of the poore, nor pitie the Widow and Fatherlesse, nor the heavie groanes of the oppressed, nor the sighes of the prisoners, they themselves shall cry and not be heard.
And as for their lamentable submission to the Bishops servants, the Presbyterian Synodians (as if the servant were above the Lord) in establishing that wil-worship and Popish maintenance which now themselves do well know to be jure Di [...]bolico through these blinde guides, their Diviners and Sooth sayers inability to answer their querees (wherby to prove themselves [...]ure divine) surely, if they will notwithstanding obstinately persist in such wilfull, dangerous, and unwarr [...]n [...]bl [...] courses (not being any longer blind folded as at first it might have seemed) they will doubtlesse shew themselves to be fighters against God, his truth and p [...]ople to the [...]r own destruction, without speedy conversion.
Farewell.
Articles and Propositions for the Counties of Cumberland and Northumberland.
INprimis. That Sir Iohn Lowther and Sir Philip Musgrave procured the Commons of Westmerland to subscribe the Petition to the King at Yorke, as Sir Richard Greham and the Gentry there did the Commons in Cumberland, and went to the King at Yorke to tender their service; which is conceived to have more insited his Majesty to take up Armes.
2 That about 1000 within the Barony of Kendal, about the same time petitioned the Commons House of Parliament, thereby tendring their service, and would have stood for the Parliament, as many more in the said County, who had provided Armes for that end, if [...] would have joyned with them, which they would not doe, yet then professed to be for the Parliament, whereby the Commons were deceived, and so more easily by Sir Iohn Lowthers policy, and Sir Philip Musgraves threatnings, brought under the power of the Commissioners of Array.
3 That the Committees for Westmerland appointed, or the greater number of them, are eyther such as Joyned with the Enemy by Contribution or otherwise, or are Tenants to the Delinquents there, and such as have not, and is feared dare not oppose themselves, against the Delinquents in any great businesse.
4. That [...] is joyned to the enemy, is a great Delinquent & now [...] and now made Commander in chiefe, in Westmerland, as is said, wherby complaints will not bee so well heard against the Delinquents, neyther are the Delinquents estates Sequestred there, which is the cause of great taxes, and heavy seasements upon the Commons.
5. That Richard Barwis Esq a member of the House of Commons, and one of the Commissioners for both Kingdoms, at his being at Edenburgh (with the consent and advice of Iohn Hodgson, who was protected in his estate by the enemy, & was the first man that drew Brough Barony to submit to pay contrybution money to the enemy, appointed & named for Commit [...]ees in both Counties, men then in actuall rebellion, and such as complied with the enemy.
6. That said Mr. Richard Barwis from Edenburgh sent sundry letters to the Commissioners of Array, in both Counties, by the said Hodgson to be conveyed to them, which was done accordingly.
7. That most of the Committee appointed for Cumberland are Delinquents, and such as have dependance upon the enemy, and have not opposed themselves, neyther dare displease the Delinquents there, against whom Mr. Barwis would not heare, nor receive complaints brought unto him.
8. That the Sequestrators are such like. and many of them of the same Committee
9. That the Commander in chiefe, Sir Wilfride Lawson, over the forces in Cumberland now appointed upon the commons taking up arme [...] against the Array men, there procured himself to be commander [...] cheife over them, upon his promise to be faithfull to them, and then presently without any compulsion, but voluntarily joyned with the enemy, and took the Oath for the Earle of Newcastle, and did send sundry to prison for the Parliaments cause; And since he was [...] commander in chief, conveighed [Page 2]away one Ducket a Papist and a great Delinquent, which Mr. Barwis would take no notice of, though acquainted therewith.
10. That severall propositions and grievances were presented by some Gentlemen and others to the Parliament Commissioners, but were not allowed or regarded, wherby others were and are discouraged further to complain; a copy of which is hereunto annexed.
11. That heavier and greater burdens and taxes are laid upon the Commons now by the Committees, then were under the enemy, and such as the County is not able to beare; yet few or none of the Delinquents estates Sequestred.
12. That if the Militia be not better setled, these t [...]o Counties will be easily reduced back under the enemy, upon the Scots removing thence.
13. That if more faithfull honest and able men, be not chozen for Committees and Sequestrators, the County will be ruined or lost, & most of the Sequestrators imbecilled and private men, yea the Delinquents friends wholly inriched thereby.
14. That if there should be two commanders in chief in these countyes, it would much hinder the Service, besides the charge incident to the same, for these were allwaies in the time of Queene Elizabeth, under one, and so while the enemy had power over them; Therfore some honest and able man should be chosen for that place, who may be added to the Commissioners for both Kingdoms.
15. That the chief of the commissioners of Array in these countyes, be eyther imprisoned or confined in, or to some remote place, which will much conduce to the furtherance of the service, and better setling of the peace there; Their Tenants being thus freed from the feare and op ression of their wicked Landlords, most of the commons there holding their estates in Taintright.
16. That the grievances and desires formerly presented to the commissioners of both Kingdoms (a copy whereof is hereunto annexed) may be taken in consideration, and wherefore the same were not regarded, neyther answered unto by the said Cammissioners.
17. That the castles and strenghts in these countyes, be committed to non but honestand apporved men.
18. That care be taken that Stewardyes, Barliweeks, and clerkships of Stewardyes and such like offices, be put into the hands of honest and able men.
19 That Mr. Richard Barwis is brother in law to some of the greatest Delinquents there cozen germaine [...]o, or otherwise nearely allyed, to most of the notorious Delinquents of both Countyes, and laboured to put all command there, upon his and their friends, or themselves, so as without good assistance these countyes will not be well setled, without removing such persons from publique imployment, which are not found fit to be trusted, and to place such other in their roomes, with such power and authority as shall conduce to the publique service, and to settle a course that the Militia may be put in execution, and that there may be appointed sit Deputy Liestenants, and one more sit to command in chief over the forces of those County es, that they may be alwaies in a readinesse for the defence of themselves, and assistance of their neighbours, upon all emergent occations.
20 That the said Ricard Barwis at his being at Sunderland, had intercourse by letters with the chief Malignats in Cumberland, espetially with Baronet Graham, Baronet Musgrave, Baronet Curwen, and Sir Wilfride Lawson, as appeareth by the confession of Thomas Watson Mr. Barwis his letter carye [...].
21. That the said Sir Richard Graham and others the Delinquents there, procured the lands and goods of the said Mr. Barwis to be protected, wherewith Prince Rupert being made acquainted at his being in Lancashire allowed the same, and so Mr. Barwis his wife did quietly without molestation or plundering enjoy the same, till the Scots comming thither, not any other standing for the Parliament having the like favour or freedome in these parts.
22 That the said Thomas Watson confessed to Mr. Osmotherley that the said Mr. Barwis was the hinderer of the Scots not taking in Cumberland and Westmerland upon their first comming in and after, and that the said Mr. Barwis tould the same unto him, which hath been great losse and damage to the State, and benefit of advantage to the Enemy.
23 That the King, since the Scots last comming into England, hath had about seven thousand men sent forth upon his service, whereof two thousand to Hartlepoole, the rest to Prince Rupert for Yorke, beside great summes of moneyes being raised there for the Kings use.
24 That twenty thousand pounds per annum, may be easily raised out of the Bishops, Deane and chapter, Papists and Delinquents estates, in their lands, rents, fines and tythes, if honest and able men be e [...]trusted therewith, whereby the poor commont may be disburdened of many great taxes, wherewith they are oppressed, and through which they begin to be dis-affected; all which this Honourable House is desired to take into consideration.
Representations and Considerations offered to the Commissioners for the Parliament of England, by some of the sufferers and late banished men in Cumberland for the Parliaments cause.
FIrst, it is desired that none be admitted to be of any Committee, or have any command, that have either subscribed the Petition to the King at Yorke, or have joyned in assistance with the Commissioners of Array by forcing others, or have taken upon them any command or Office under the Earle of Newcastle against the Parliament, or have persecuted any standing for the common cause.
2 That the chiefe of the Commissioners of Array of such & the Gentry, as have been urgers of the new Oath against the Parliament upon the Commons, for better securing the countrey, may be apprehended and detained in hold, as is done in other places, without which the country cannot well he secured.
3 That already the Committee for this county hath chosen or assented to Commander for chiefe Sir Wilfride Lawson Knight, who before, together with Baronet Curwen, injuriously betrayed the trust reposed in them by the country, and joyned with the Enemy. And now hath admitted of and given command to many Officers and Commanders formerly commanding under the Earle of New-castle, and other wicked and vaine men, to the great discouragement and griefe of the well affected, and the said Sir Wilfride is allyed, and in confederacy with the greatest Malignants of this county, in which said Sir Wilfride the commons cannot confide.
4 That such of the commissioners of Array, or other the Justices of the peace as have sent any to Carlile prison for the Parliaments cause, may be attached and kept in hold for securing the said prisoners untill they be released.
5 That Sir Richard Graham and the late Sheriffe procured the commons of Westmerland by Sir Philip Musgrave, and Sir John Lowther to subdue and plunder all such as stood for the Parliament in this country; by whom Mr. John Barwis, and Mr. John Osmotherley, with many others, were plundered and banished, and great cruelty exercised by them and the rest of the Malignant Gentry.
6 That some of the Committee, now appointed, have assisted the Enemy in their wicked designes, some of them have dependance upon the Enemy, others of them much feared to connive at the Enemies doings, and to favour them.
7 For that few of the Committee have not as yet, and as we feare, well dare not represent unto you the Malignants doings and practises, we humbly desire some faithfull and honest men of Lancashire, or else-where, bee desired and admitted to joyne with the Committees of those Counties for the good of the State, safety of these Counties, and the better discovery of Malignants wicked practises.
8 That in the meane time none of the favourers or friends of Sir Richard Graham and the late Sheriffe (against whom many just and great complaints will be brought) may be admitted to be of any committees.
9 That forthwith some good course may bee taken for the discovery and punishment of the malignant, wicked and scandalous Ministry of the county, which have been and will be the greatest fomentors and abettors of the commons and gentry against the Parliament.
That present course be taken for the securing of Whithaven, Parton and Workington over against Ireland, the same being Havens
11 These and other the grievances of our country, we are humbly bold to represent to your Honours grave consideration and wisdomes, and shall be ready to approve our doings in the premisses as your Honours shall direct, for the furtherance of the peace of this country, and justice to be done upon offenders. In testimony whereof we have subscribed our names.
These Propositions and Articles were delivered to the Parliament Commissioners at Penreth in Cumberland, the foure and twentieth day of the ninth moneth called September, 1644. by mee John Musgrave, for and in the name, and by the direction of the Subscribers: But the same were sleighted and dis-regarded by Master Barwis and Sir William Ermyne, though much desired by Master Robert Fenwick, one of the commissioners to be taken into consideration.
- William Briscoe Esquire.
- William Penington Esq
- Thomas Lamplough Gent.
- Myles Halton,
- and all the other Delinquents.
- Sir Wilfride Lawson, Knight.
- William Briscoe, Esquare.
- William Lawson, Gent.
- Peter Mawson.
- Nicholas Mawson.
- Iohn Stodders.
- and all other Delinquents.
- Sir Wilfride Lawson, See Artic 9.
- William Briscoe a Delinquent, and tooke the Oath imposed by the commissioners of Array.
- Thomas Lamplough a Delinquent, and tooke the Oath against the Parliament.
- Myles Halton, an Officer and Tenant to the Earle of Arundell, one that never did not dare oppose the Delinquents, and voluntarily joyned and contributed to the Enemie.
- Peter Mawson and Nicholas Mawson his brother, voluntarily contributed to the Enemie, and such as have not, nor dare oppose, nor displease Sir Iohn Lowther and Sir Philip Musgrave.
- Master Pennington, [...] Sheriffe, contrary to the Ordinance of Parliament detaines the Ship-money in his bands, being not paid into the Exchequer.
- Sir Wilfride Lawson Knight, the Commander in chiefe.
- Lieutenant colonell Offeere
- Captaine Musgrave.
- Captaine Stoddert.
- Captaine Story
- Iohn Hodgson Governour of Brough Barony,
- And all other Delinquents.
- Sir Wilfride Lawson, for the reasons above said, See Artic. 9.
- Lieutenant colonell Orfeere, a notorious Delinquent, and formerly a captaine under the Earle of New-castle.
- Captain Musgrave a Delinquent, formerly a captaine under Sir Richard Graham.
- Captain Stoddert a Delinquent, formerly an Officer under the Earle of New-castle.
- Captaine Story a Papist, was first a Lieutenant to Sir Francis Howard, then joyned himselfe to Master Osmotherley, who was for the Parliament, and after deserted Master: Osmotherley, and joyned with the Enemy. And, as he confesseth, hath slaine foure men of the Parliaments party, he became a Lieutenant to Sir Henry Fletcher, a colonell for the King; but upon the Earles retreat backe out of Scotland upon Hodgsons promise to procure him a place, came into Scotland, from whence at his pleasure hee went over into England to the Enemy, and was familier with the Enemies captaines and officers, neither he nor the said Iohn Hodgson were plundered till the Scots comming into Cumberland, one Patrison a Lieutenant to captaine Carleton, was taken but by the said Story conveighed away into Scotland, and so got into Carlile again [...] to the Enemy, wherewith Master Barwis was acquainted, but Story never questioned.
- Iohn Hodgson, a man of very meane estate, an Ale house-keeper, who procured Brough Barony first to submit and contribute to the Enemie voluntarily, after his going into Scotland had daily recourse, and tooke liberty to go into England to the Enemie, See Artic. 5, & 6.
- Sir Iohn Lowther Knight-Baronet,
- Edward Robinson and all other Delinquents.
- Sir Iohn Lowther a notorious Delinquent, one of the chief Commssioners of Array, both in Cumberland and Westmerland, with the first Petitioned the King at York and tendred his service, and was the contriver of that Petition, he was colonel over a▪ Regiment, and Governour of Kendall for the King; Sir Iohn Lowther pressed one Cleasby for a soldier, for saying he would not fight for Papists, who after fled, but being taken again, the said Sir Iohn Lowther caused him to be put in close prison, where he is yet, and hath indured great misery for these 10 moneths, yet is the said Sir Iohn Lowther againe put in command for the Parliament, upon the letter of Mr. Barwis, as is said.
- The said Sir Iohn Lowther committed to prison one David Browne a Scotsman, where he lay in Carlile in great misery a long time, and till the Scots comming unto Cumberland. Sir Iohn Lowther did take him for an Jntelligencer for the Parliament, but was not.
- When by some of the House of Commons it was moved to have Sir Iohn Lowther put in command for the Parliament; Mr. Blackston acquaited the House that he had these Articles in his hands, and desired he might not be put in Command, where upon Sir Iohn Lowther was put by.
- Edward Robinson, a notorious wicked man, of evill fame, formerly borne out by Sir Richard Graham, one who hath done much hurt, and got much by plundring, an officer under the Earle of New-castle, and since under Str Philip Musgrave, but now to the countries grief imployed by Mr. Barwis about Sequestrations, yet Mr. Barwis would not heare any complaint against him.
To the Right Honourable the Knights, Citizens, and Burgesses, assembled in the Commons House of Parliament.
The humble Petition of sundry wel affected Gentlemen, and other persons, in the Counties of Cumberland and Westmerland.
WHo most Humbly pray this honourable House, to take into your serious considerati [...]ns, these Articles annexed, to provide a speedy remedy, while the Scots forces remaine in these quarters, lest the same fall again into the bondage of the Array, and that if it seem good unto this Honourable House, to send a faithful commander unto the counties, to command in chief over both, for that the one cannot be kept without the other, and that the Counties may be eased of their great oppression, and taxes in maintaining souldiers, by allowing the Sequestrations, as well of lands as goods, for the maintenance of forces against Ireland, to which they lie open, and for the service of the Parliament and Countries; And that faithfull and honest men the [...] have suffered for the Parliament, may be put in office, and that none be admitted to be in office, or be of any Committee, that are by the ordinance of this Honourable House, judged Delinquents.
Westmerland Articles.
FIrst, that in the counties of Cumberland & Westmerland through the evill government of commanders and committees, the commons are so oppressed that in their affections they are quite fallen from the Parliament, who heretofore stood well affected to the same, and are now ready to embrace, nay, much desire to see any opposite forces.
2 That such as beare office and command are many or most of them Delinquents, as the principal commander, Sir Wilfride Lawson, a commissioner of Array, and many of chose forces that entred the South of Scotland, called the Black-band, under the command of Marquesse Mountrosse, are received and have command under the said Sir Wilfride Lawson.
3 That the said commanders doe take and raise great summes of moneyes of Delinquents to free them from publique service, and do put on and off souldiers for money, through which and their oppressions mutinies are raised, the countries endangered, an [...] the Parliaments service diverted.
4 That the commanders exact moneyes by way of loane, and enforceth the country, groning under other great taxes and burthens thereunto.
5 That great sums of moneyes are raised of the said counties under pretence of the publique service, which upon strict examination would be found to remain in the hand of Officers and Committees or Delinquents protected.
6 That divers of the Committees are noted Delinquents, who shewed great for [...]ardnesse against the Parliaments service, some have borne Armes and joyned in Acts of Association, and taken oathes against the Parliament.
7 That such as have suffred imprisonment and banished for the cause of Parliament, [...]aue bin plundered by the same commanders, are not countenanced but threatned and [...]ed by them, and their persecutors countenanced, and have some of them command.
8 That the Commissioners of Array, and other dis-affected and notorious Delinquents are protected both in their persons and estates, go armed up and down the coun [...]y upon the best horse of the country, suffered to keep Armes and Amunition in their [...]uses, send and go at their pleasure out of the country to the Kings forces, or any way [...] up mutinies, & publiquely and openly shew their malignancy, both by word & deed.
9 That divers of the Enemies Scouts and souldiers have been taken prisoners sally [...]g out of Carlile by the Forces of Sir Wilfride Lawson, which he had made Comman [...]ers under him, and suffered prisoners to lye in irons in Carlile for the Parliaments [...]se without reliefe.
10 That the said Sir Wilfride Lawson did before-time under pretence to stand for [...] Parliament, break a well affected party that stood for the Parliament, and with the [...]stance of Sir Patricius Curwen, brought the Counties under the bondage of the [...]ray, working that by fraud, which the Commissioners of array could not do by force, [...] leaving the country to the plunder, he with the said Patricius fled to the Enemy, [...]here they took the Oath for the Earle of New-castle.
11 That certain Commanders were set to keep the Havens over against Ireland, who [...]re Commanders on the other side.
12 That small or little is made of the Sequestration, by reason of the favour shewed [...]elinquents, many of which have had time to conveigh away their goods, and the rest [...] sequestred, or at small rates, and the Committees refuse to take information and [...]overy of Delinquents and their estates, and to sequester them.
13. That the Committee for Sequestrations, nor any Officer for Sequestrations have taken the oath injoyned by ordinance of Parliament, nor any prisement made by Oath.
14. That the standing Committees have given over to set taxes, or seasements, for forces or soldiers in the said Countyes, or undertake any collections, or payment of the same, but suffer officers and commanders to set sesments, and to leavy the same at their pleasure, whereby great oppresion and plunders doe insue, rapes, and murthers, nay open rising in armes, and slaughters both of commons and soldiers.
Cumberland Articles.
FIrst that the counties of Cumberland and Westmerland, through the evill government of commanders, and Committees, the commons are so oppressed, that in their affections, they are quite fallen from the Parliament, who heretofore flood well affected, and are ready now to imbrace, nay doe much desire to see any opposite forces.
2. That such as beare any office or command, are for the most part Delinquents, and many those forces that entred the south of Scotland, called the black band under the command of Marquesse Mountrose, are received, and have command.
3. That the said commanders doe take and rayse great summes of money, of Delinquents to free them from all publique service, doe put on and off soldiers for money whereby mutinies are raised, the counties indangered, and the Parliament service diverted.
4. That the commanders exact and rayse money by way of loane, and inforceth the country (groning under other great taxes and oppressions) there unto, and put the country to unnecessary charges, by raising more forces then needfull, or they have commission to doe.
5. That great summes of money are raised of the said countyes, under pretence of the publique service, which upon strict examinations, there will be much found to remaine in the hands of commanders, and committees, or Delinquents protected.
6. That divers of the committee are noted Delinquents, most of them have been forward against the Parliament, some borne armes, and taken the oath, for the Earle o [...] New-castle.
7. That such as have suffered imprisonments, and banished for the cause of the Parliament, have been plundred by the said commanders, and are no waies countenance [...] but threatned and hated by them, and their persecuters countenanced and have command.
8. That the commissioners of Array, and other dis-affected Gentlemen, and notorious Delinquents are protected both in their persons and estates, goe armed up a [...] [...]owne the country, upon the best horse of the country, and at liberty goe to the King forces, and send letters, and openly and publiquely shew their malignancy both [...] word and deed.
9. That divers of the enemies have been taken prisoners, sallying out of Carli [...] which are made commanders againe, under our commanders, and yet prisoners suffere [...] to lye in irons in Carlile for the Parliaments cause above one whole yeare, and [...] in a [...]ged.
10. That some of the commanders doe give protection unto Delinquents and Sco [...] tish [Page 9]Papists, which did betray the towne of Dumfre [...]e, into the hands of those called the Black-band, as Marquesse Mountrose and that company, the same are protected, which in Scotland were proclaimed Traitors, these have free liberty to goe amongst [...], to see the state of our country, and to give the enemy intelligence, whereby great d [...]ger may ensue, if not in due time prevented.
11 That some of the chief commanders did before time, under pretence to be for the Parliament, breake and divide a certaine wel affected party that stood for the Parliament, and with their assistance, the Country was brought under the bondage of the Array, working that by fraud, which the rest of the Commissioners of Array, could not doe by force, who leaving the Country to the plunder, fled to the enemy, where they tooke the oath for the Earle of New-castle, and made in that service Commissioners of Array, and cruelly persecured those that were well affectted to the Parliament by imprisonment.
12 That divers of the Delinquents are suffered to keep their armes.
13 That small or little profit is like to be made of the Sequestrations, by reason of the favour showne to the Delinquents, many of which have had time to convey away their personall goods, and the rest eyther not sequestred, or at small rates valued, or suffered to sell their goods after Sequestration.
14 The said Committees for sequestrations, or any officer for sequestrations, have not taken the oath injoyned by Ordinance of Parliament upon them, nor any presentment made by oath, save such as is done by de [...]quent Justices.
15 That malignant scandalus, and de [...]ent Ministers, and such as are non-preaching and maintainers of superstition, and have been great urgers, and abettors of the gentry and commons against the Parliament, and such as cast aspersions upon the wel-affected, pressing the booke of common-prayer, are borne out and counte [...]anced.
Some informations delivered by the Scottish Commissioners to both Houses of Parliament, given to them by the two Commissioners of the wel affected of Westmerland and Cumberland, sent hither to present Articles to the Honourable House of Commons
THat many of the Commanders, and members of the Committees, who were in actuall Rebellion against the Parliament, under the Earle of New-castle, and did take the oath prescribed by him, are still continued in their former ch [...]arge, and imploiment.
That generally the gentry of those Counties are Papists, Malignants, and very disaffected to the Parliament.
That very little of the Sequestrations of Westmerland, and Cumberland, have been uplifted, many of those to whom it is entrusted to, put the Ordinances of Parliament in execution, being themselves Delinquents.
That some of the Committee for Cumberland, being desired to sequester the estates of Delinquents, said they wished there were no Sequestrations at all, and that they had warrant from the Commissioners of Parliament, not to Sequester.
That if the Sequestrations had been duly up-lifted, they would have maintained the Scottish forces, that quartred in those two Counties, and the Country no waies ho [...] [...]n burthened.
That the reason of the Scottish forces imposing asseafements upon the Counties, did proceed from the Malignity of the Committees, who either refused, or neglected their duty, in assessing the Countrey and uplifting thereof, and yet under hand stirred up the Commons, to withstand the Scots taking up assessements.
That Sir Wilfride Lawson brother in law to Master Richard Barwis, a member of the House of Commons, and one of the Committee of both Kingdomes, with the Scottish Army, is a knowne Malignant, was actually in Rebellion, under the Earle of New-castle, against the Parliament, and continued in Armes, till those Counties were reduced to the obedience of the Parliament, and yet notwithstanding, is now intrusted with the Command in chief of the Parliaments forces in those Counties and is also made High Sheriffe of Cumberland, and one of the grand Committee for the Northerne Assosiation.
That Sir Wilfride Lawson, with the assisstance of John Barwis, Uncle to Master Barwis the Commissioner, and William Briscoe cousin to Master Barwis, have without consent of the rest of the Committee, levied great summes of moneyes upon the Country, distrained their goods, and committed their persons to prison who refused it, and have also raised great summes of money, under pretence for the publique service, which they doe still deraine in their owne hands.
That when the country people complained of Sir Wilfride Lawsons souldiers, and condescended, both upon the names of the persons, and the goods, neither the persons were punished, nor the goods restored.
That Sir Wilfride Lawsons men had pay from the Country, and yet tooke free quarter, and stole horses, whereof they would make no restitution.
That Colonell Cholmeley, having desired Sir Wilfride Lawson to cause his soldiers to discharge their quarters with money they received, as he did in his Divition: Sir Wilfride Lawson wrote a bitter railing letter against him, whereof Colo. Cholmeley sent the originall to the Commissioners of Parliament.
That Sir Wilfride Lawson did formerly, and of late, protect divers Papists, and others, declared Traytors by the Estates of Scotland.
That Sir Wilfride Lawson, Major Thomas Barwis, kinsman to Mr. Richard Barwis the commissioner, and others his officers, conveighed in victuals to the enemy in Carlile.
That the enemy falyed out strong and frequently upon the Scots, and colonell Cholmeleys Quarters, but kept faire correspondence with Sir Wilfride Lawsons Quarters.
That when they came out upon Sir Wilfride Lawsons Quarters, sometimes the souldiers wanted powder, and when they had powder, they were discharged upon paine of death to shoot against the enemy, though the enemy was much inferior, in number.
That Thomas Barwis Major to Sir Wilfride Lawson when any of his owne souldiers were taken prisoners had them released at his pleasure, and also released other souldiers that were taken prisoners, for money.
That they are fully perswaded that the Towne of Carlile had been long since taken, but for the correspondence and supplies given to the enemy, by Sir Wilfride Lawsons [Page 11]forces, and i [...] all probability, those partes had been againe put under the Enemies power, and the well affected in at had condition as formerly, if the See as forces had been with drawne from Carlile.
That many of those forces that entred the South of Scotland, called the Black band, under the command of the late Earle of Mountrose, are received, and have command under the said Sir Wilfride Lawson.
That Thomas Lamplough was in Armes, and actuall Rebellion against the Parliament, and tooke the Oath prescribed by the Earle of New castle.
That the said Thomas Lamplough, brother in law to Mr. Barwis the Commissioners, is a savourer of Malignants, and procured the releasement of Thomas Fleeming Kinsman to Mr. Barwis the Commissioner, who was imprisoned by Col. Cholmeley for offering a summe of money to one, to betray Graistock-Castle to the Enemy.
That Mr. Richard Barwis, one of the members of the House of Commons, and of the Committee of both Kingdomes, with the Scottish Army, is a protector of Delinquents, and Malignants.
That when those Countices were under the Enemies power, Sir Richard Graham procured a warrant from the Earle of New-castle, for protecting Mr. Richard Barwis the Commissioners estate, and his Wife lived there quietly, and peaceably, in the Enemies quarters, without molestation. That now the said Master Richard Barwis protected Sir Richard Grahams estate, who is yet with the Enemy, in Rebellion against the Parliament.
That he did intrust the command of the Castle of Rose to one L. Colonell Orfeere, a great Malignant, and a commander under the Earle of New-castle.
That when the said Mr. Richard Barwis was in Scotland, before the Scottish Army came into this Kingdome, and afterwards at Sunderland, he kept correspondence with the Enemy.
That John Barwis, Uncle to Mr. Richard Barwis, and Michael St [...]i [...]holme, who was present at the meeting, told him that it was agreed upon, In Mr. Richard Barwis commissioners chamber at Edenburgh, before the comming in of the Scottish Army into this Kingdome.
That Sir Henry Bellingham, Sir Wilfride Lavvson, and Mr. Thomas Lamplough, both brethren in law to the said Mr. Barvvis commissioner, and divers others Delinquents, should be put upon the Committee of Westmerland, and Cumberland, though then all three in Armes, and actuall Rebellion against the Parliament, and accordingly when the country was reduced by the Scottish Army, these parties were put upon the Committees.
Concerning the Insurrection made in these counties, they informe, that the first insurrection was not pretended to be against the States, but that they openly professed themselves Enemies against the Parliament; That the manner of it was this, Major Brigs procured from the Lord Fairfax a commission to himselfe, to be a colonell, and summoned all the county to appeare before him, that he might make choice of souldiers, that he and his Officers dismissed such as would give him 206, and detained the rest, but afterwards diminished the price to ten shillings, then to five shillings, then to 12 pence, and within a few daies after they summoned the country of a new againe, and made their benefit of them as formerly.
That being before Skipton Castle with some forces, upon Sir Marmaduke Langdaile comming to raise the Siege at Pontfret, he came away from before Skipton, and summoned [Page 12]the county againe to appeare, and demanded the halfe of their goods to maintaine a garrison in Apleby, that there were divers Skirmishes between him, and the country people about that time, that afterwards he did againe summon all the country to appeare, and dismissed all those that would give him money, whereupon the country, and colonell Brigs falling into differences, the Papists and Malignants made use of the opportunity, and chiefly Sir John Lowthar a notorious delinquent, cousin german to Mr. Barwis the commissioner, and whom Mr. Barwis presented to the House of Commons to be commander in chief for Westmerland, and the attendants and servants of the said Sir John Lowther, possessed themselves of Bolton church, and appointed the country people to come to a Randezvouse there, with an intent to sease upon all the Strengths and Forts in those parts; according to this intimation the country met, the Lady Lowther furnished them with Ammunition, and the Enemies Garrison at Shipton were drawing out for their assistance, but all their designes were disappointed, and the meeting of the country people dissolved upon the appearance of the Scottish Horse, who were advertised of their intentions, and invited thither for the assistance of the wel affected, that about a fourthnight after there was another Plot of the Papists and Malignants, for betraying of Kasewick Isle, raising of the country, beating a way the Scots, and cutting of the wel-affected, but this designe was discovered by a gunner of Sir Wilfride Lawsons, who was hired to be an actor in the busines, but being troubled in conscience revaled it, and Sir Wilfride Lawsons Uncle, who lives in the house with him, was upon this plot.
That the Papists, and Malignants, failing in both these designes, stirred up the country people against the Scots, pretending the great Brethrens of the countrey, and exactions made by them for maintaying the forces before Carlile.
That generlly all that joyned in that Insurrection were Papists, Malignants, their Tenants and servants.
That at the time of this Insurrection, they did apprehend John Musgrave one of the informers, and William Wheelewright, saying they deserved no quarter, but should be hanged, especially Mr. Musgrave, because he had been in Scotland, and as they said was a chief Instrument in bringing in the Scots to take away the Service-book.
That they further could him, that they were able to performe what they had undertaken, that they would not want assistance for Northumberland, Cumberland, Yorkshire and Lancashire would rise with them, to beat all the Scots out of the Kingdome; And accordingly those of Cumberland did rise, and likewise the Papists and ill-affected of Northumberland afterwards:
Where-upon the Scots commissioners desired by their paper presented to both Houses of Parliament in these words
That the mony and provision taken up by the Scottish Army in those parts, may be speedily brought to an accompt. That these Informations may be speedily put in a way of triall and examination, and in the meane time some persons of unquestioned affections, and fidelity to the Parliament, may be sent into the country to take charge of the Parliaments forces there, and looke to the security of these parts.
The Scottish Commissioners Answer to the Parliaments Demands, concerning the Informations given in by them, and received from the Commissioners of the well affected of Cumberland and Westmerland.
ACcording to the desire of the House of Commons, that we should acquaint the Members of that House, that are of the Committee of both Kingdomes, upon what grounds we delivered the Informations we received concernings Member of that House, and other persons▪ We returne this Answer:
That these Informations were delivered to us by John Osmotherley, a Member of the Committee of Cumberland, and John Musgrave Gentleman, under their hands, who declared, they were ready to justifie and make them appeare.
That they shewed to us these Articles under the hands of above seven-score of the Gentlemen, and Inhabitants of this Country.
That they had Recommendations from colonell Cholmeley, a colonell of a Regiment of the Parliaments Forces there, who is a religious and worthy Gentleman, of whose affection and forwardnesse in the cause, the Kingdom of Scotland hath had much experience.
That colonell Cholmeley in his Recommendation approves of the Articles, and Ingages his life for the fidelity of Master Osmotherley and Master Musgrave.
That wee received diverse testimonies from persons here in Towne, to whom wee give much credit of the fidelity of the said Mr. Osmotherley, and Mr. Musgrave, as:
1 Before the comming of the Scots Armie into this Kingdome, John Osmotherley [...]ised in the service of the Parliament of his friends and servants five hundred men, and opposed the Commissioners of Array, till they were betrayed by Sir Wilfride Lawson, and Sir Patricius Curwen, neare kinsman also to Master Barwis, who being chosen Commanders by the country, joyned with the Enemy, whereupon they were all unexpectedly seazed on and disarmed, and the said Master Osmotherley was forced to fly for his life.
2 That Mr. Musgrave suffered much under the tyranny of the Earle of Strafford, and in the beginning of these troubles was six and twenty weekes imprisoned by the Commissioners of Array, and afterwards was banished his own country.
3 That Master Musgrave is of a different judgement from the Church of Scotland in matters of Church Government, and stands for the Independency of particular congregations, and therefore his Information is the lesse to be suspected of partiality towards the Scottish Army.
Concerning the matter of the Information.
FIrst, Wee find them to agree with the Informations wee received from the Scottish Army.
2 That it was no new businesse, that they had attended the House of Commons thirteene weekes in Winter with Articles against those persons. And in February last were referred to a Committee by the House of Commons, but nothing done thereupon.
3 That they were returned with further Articles and Informations against those persons were attending the House, but by reason of multiplicitie of businesse [Page 14]could not be heard: And therefore entreated for our Assistance▪ which in matters of that consequence, that did so much conduce to the preventing of mis-understandings betweene the two Kingdomes, and vindication of the Scottish [...] wee could not deny.
These were the grounds upon which we delivered in these Informations, and upon the whole matter we desire that the businesse in so far as concernes the Scottish Army, may be examined by a commit [...]ee upon the place authorised by both Kingdoms for that purpose, according to the ninth Article of the late Treaty between the Kingdoms, viz. That all matters of differences that shall happen to arise betweene the subjects of the two Nations, shall be resolved and determined by the mutuall advice and consent of both Kingdoms, or by such Committees as for this purpose shall be by them appointed, with the same power as in the precedent Article.
To the Honourable the Committee of Warre residing at Yorke.
The humble Petition of diverse well affected persons in the County of Westmerland.
THat whereas this poor Country of Westmerland languisheth under heavy pressures of these times, is not in all likelihood longer to continue, nor able to doe service required, who never so willing if not timely relieved by your pious vigilant, carefull provision, the many grievances considered it now grone under, do in all humblenesse present unto your Honours some few of those many, humbly beseeching your Honours judicious consideration of them, that in this eminent time of danger, our poore Country may be speedily so ordered by you, as that pious men void of selfe-gaine, and vain-glory, having the command of us, we may be preserved, able to our willingnesse to observe such orders and command as shall come from your Honours or any other whom the Parliament hath put in Authority: And your Petitioners, whose names are here-under written, shall, as in duty bounden, daily pray for a happy successe of all your good and godly proceedings.
First, wee shew to your Honoure that there is, and ever hath been a great neglect in the Committee for sequestrations, their no [...] sequestring known Delinquents, and their proceedings therein is by a disorderly way.
In possessing themselves of certain of the Delinquents goods to their own profit.
That there is not a Sollicitor for the Committee of Sequestrations appointed, which is the maine reason, as we conc [...]eive, of their disorderly proceedings.
That the Deputy Sequestrators, appointed by them, have not taken the Oath appointed by the Parliament, Ordinances which doth much hinder the benefit of sequestrations, so as the County is not any way relieved therewith.
But that the Committee hath laid upon the County [...]o [...] the pound in the booke of Rates, which amounteth the summe of 1000 l' and above, whereas the Ordinance of Parliament doth only demand 600 pound, this being done in contrary to some of the Committee for the Assosiation.
That Colonell Edward Brigs hath by his disorderly cariage much hindered the raising of then for the Assosiation, &c.
The said Colonell did leave his Regiment before Skipton without Orders, as Colonell Lambert can best declare it, being a great incouragement for the souldiers to leave their Colours, which they did, save only one company, by which meanes many were lost, and lef [...] in that country, which now causeth us to be altogether destitute for want of Armes: It being intended by the Committee for this County to have taken as many men out of the Regiment, as should serve for the County in the assosiated Army, which now they are forced to go in a more inconvenient way.
That the said Colonell Brigs did suffer, if not give order, with Richard Braithwait one of the Committee for the Assosiation to certain Officers of the said Colonell Brigs his Regiment, to levy and distrain for arreares of their pay; in colour of which they did much wrong to your Petitioners,
That the said Colonell doth not accept of the souldiers that is sent him, unlesse they bring with them twenty shillings, which he calls advance money.
That the said Colonell doth turne diverse off for money, some for fire pound, some foure pound, some for three pound, and some for two pound, so that the present service is much hindered and neglected, and the fault undeservedly laid upon the Countrey.
That the said Colonell did of his owne authority call a generall. Muster without acquainting any of the Committees; that when the Country made their appearance, nothing was either said to them or done.
Now that all these grievances being taken into your Honours consideration, wee doubt not but to receive some redresse from your Honours, or at least your wise advice and counsell what best is for us to do.
And your Petitioners, as in duty, shall daily pray.
This is seene by me, and approved
These Articles were sent to me by L. Colonell Bellingham, subscribed with his owne hand and Master Pickerings, with fifty names more, which with his Letter of the 2. Novemb. 1645. I received since I came into prison.
November 10. 1645.
The Information of Edward Smith against William Cape, Robert Chambers, and Iohn Jackson, &c.
FIrst, Sheweth that Master Richard Barwis, a Member of the Honourable House of Commons, hath sent downe his servant with certain Articles exhibited to the said House, against the evill government of the Commanders Officers, and Committees in Cumberland and Westmerland, and hath published the said Articles with other writings two or three severall dayes in one Church, saying, That those which will [Page 16]deny subscribing to the same, should be no more troubled.
2 That the servants of the said Mr. Richard Barwis, with one William Capt, Col. Lawsons Tenant, and a Quarter-master, doth goe up and downe the country, parswading, threatning, and desiring such as subscribed the said Articles, to deny the same, in all, or in part.
3 That the said parties so imployed, finding of such that subscribed, doe inquire after others of the same name, and procureth them to disclaime subscription, and subscribe to what they desire, as John Wilkinson of the Gilbank, for Iohn Wilkinson of Loeswater, and Thomas Symm of the New-towne, for Thomas Symm of Ederside, and Thomas Chambers of Hartlow, for Thomas Chambers of old Bawbrey, and so others.
4 That the foresaid Cape being thus imployed, did come into a house where Edward Smith, servant to Mr Osmotherley, was, and begun to examine and question the said Edward, about subscription to the said Articles, but the said Edward refusing to make answer, he not shewing any Authority for his so examining the said Cape, did there-upon say he would commit the said Edward by Authority he had, and so laid hands upon him, but the said Edward making an escape, the said Cape did command some men to fellow, and he himselfe laid waite for him, and sought houses where he suspected the said Edward to be.
5 That with the said Cape there was one Robert Chambers, and one Iohn Iackson a Quartermaster, which gave the said Edward Smith reprochfull speeches, the said Chambers wishing that the said Smith had been Smoothered in his Mothers belly, and said if he could get him at the Abbey, he would kill the said Edward, and Iackson the Quarter-master said, the said Edward was a seducing fellow, in drawing some to subscribe the Articles, and the said Edward had cost the Lopp of Holme, twenty-score pounds, in being an instrument to Mr. Osmotherley, now a soliciter for the said Articles, to raise the Holme in Armes for the Parliament, Colonell Hodleston an enemy, comming against the same.
6 That the said Cape said, if he could get the said Edward, he would take a leg or an arme from him; the said Cape did also send word to Mr. Osmotherley, that he should not keepe the said Edward Smith for a servant;
This information written with Edward Smiths owne hand, was by him sent and delivered unto mee about the 12. 4. mon. called April 1645.
The complaint of Iohn Robinson of Mosser, and Francis Smith of Egermond against the Committee of Cumberland
SHeweth that the above named persons, who have suffered fining, plundring, banishing, and imprisonment, for the cause of the Parliament, having their dwelling houses, door, and windowes broken, and violently robbed, cruelly bearen, and blooded, also being mocked, and called theeves, murtherers, and much more, and [Page 17]all disaffected persons to the Parliament, whereupon wee made complaint three severall daies unto the said Committee, and could have no redresse, not so much as our witnesses examined, but wee our selves threatned with punishment, by the said Committee, and after this our sufferings under great Malignants, without cause or offence committed by us, thus wee were made a prey unto the will of Malignants, by reason of injustice, and for our labouring for Justice, wee are exposed to further and greater misery.
The Complaint of Margaret Robinson of Pardsay Widdow, Against Sir Wilfride Lawson Colonell for Cumberland.
THat the above named Widdow Robinson, being plundred by Francis Story, Captaine under the command of the said Colonell Lawson, of some certaine goods, to the valew of about seven pound, where-upon I made complaint to the said Colonell Lawson, five several times, by which I was put to great trouble and charges, neare halfe of the former losses, to the great rejoycing of many Malignants to know me▪ who stood still desirous to see our Country possessed by the Parliaments forces, and the Enemy therein supprest; to suffer so much by them, and not to enjoy the benefit of Justice, by the said Commanders, though voluntarily I promised halfe of the same to the publique purse, yet for all this could not get any satisfaction.
To the Knights and Burgesses Assembled in the Commons House of Parliament
The Humble Petition of a well affected party in Westmerland, and Cumberland, for Mr. Musgraves Liberty.
THe great care this Honourable House hath had of this distressed Kingdome, together with the distressed condition of these two Counties of Westmerland and Comberland, maketh us again to be humble suiters unto this Honorable House, that as it hath pleased this Honourable House, to establish a grand Committee for accompts for this whole Kingdome, impowring them to nominate a sub Committee for accompts in severall parts of the same, to act according to the Ordinances of this Honourable House made in that behalfe, which grand Committee having appointed within these two Counties, and there-upon hath ministred the Oath expressed in the Ordinance, unto Mr. John Osmotherley and Mr. John Musgrave, two whom they had appointed for execution of the same; Persons of approved fidelity in this grand Cause, and intrusted by a well-affected party of the said Counties, to present the great [Page 18]grievances of the same by Petition and Articles to this House, for which wee returne hankes unto this Honourable House, as also unto the said grand Committee of accompts, but since it hath pleased the all Directer so to appoint, that the said Mr. John Osmotherley being to returne into his Countrey, having the carriage of the said Commission and Ordinance, had the same taken from him in his Journey, being likwise robbed as of the said Commission and Ordinance, so of his horse money and other thinges; And the said Mr. John Musgrave being by a Committee of this Honourable House imprisoned, whereby these distressed Counties groning under the great oppression of Commanders and Committees, doth find themselves no way cased, but continually more burthened, without great care of this, Honourable, will tend to the destruction of those Counties.
Your Petitioners humbly pray this Honourable House, that in porsuance of your former care, that the said Commission with Ordinances may be againe sent downe to these two Counties: And that Mr. John Musgrave who cannot be touched with the least reproch of infidelity to this Honourable House, and the Common-weale (as wee are confident) may be inlarged, and inabled together with Mr. Osmotherley and others to act in the said Committee, as they have taken the said Oath, and that the said Petition and Articles exhibited to this Honourable House, by the said Mr. Iohn Osmotherley and Mr. Iohn Musgrave for these oppressed Counties may be put to triall, and that men knowne to be of publique spirits, may be put in the said Committee of accompts;
And your Petitioners shall pray.
This Petition was sent me the 2. Mon. 1646. subscribed by 90. of the Gentlemen and other well-affected of Cumberland and Westmerland.
A warrant of the Commissioners of Array in Cumberland subscribed by Sir Wilfride Lawson who was one of that number there.
VVHereas all the Counties of this Kingdome now lye groning under the heavy yoke of this unnaturall Rebellion, warre against their Soveraigne, yet notwithstanding all or most part of these Counties, have submitted to a voluntary contribution to his Majestie, towards the maintenance of his Majesties Royall Army, Cumberland and Westmerland only excepted, and there-upon information given to the Lord Generall his Excellency, of our slacknes in not addressing our selves the same way as others did, who there-upon had given order for sending three thousand horse to be billetted among us, and some before that time billetted in the Country, if not by the carefull sollicitation of Sir Philip Musgrave and Sir Richard Graham, who were sent from both the Counties, his Excellency had not been diverted from that way, would have ruined the Country, and thereupon such horse as was already billetted, were by his Lord-ships command removed out of the two Counties, and whereas his Majestie in the late warre with the Scots, did by his Royall proclamation command all his Free-houlders in chief, to be attendant on his Person at Yorke, yet [Page 19]such was his care over this County, that his Majestie by his warrant under his prime Signet did discharg these Counties of the said Proclamation, all which acts of grace, and to prevent the biletting of horse among us, and other inconveniences that may happen unto us by our neglect, wee having taken into consideration, doe hereby testifie our obedience to his Majesties service, and therefore will and require you the [...] and the Constables of Ribtonand little Broughton, and that you doe Assesse your whole Parish at the summe of two pound ten shillings, and the same so assessed by that, then you and all of you forth-with demand, collect and receive of the said Inhabitants there, and pay the same to Leonard Dikes Esquire, High-sheriffe of the county of Cumberland, at Cockermouth the first day of April, to that end the same may be presented to his Majestie as a free contribution of his well-affected subjects in Cumberland, towards the charge of his great affaires, faile not as you tender the furtherance of his Majesties service;
- Richard Graham
- Edward Musgrave
- Philp Musgrave
- Henry Fletcher
- Wilfride Lawson
- Patricius Curwen
- William Dalston
- George Dalston
- Thomas Dacre
Sir Philip Musgrave Commander in chief over the Kings forces in Cumberland and Westmerland, and Leonard Dikes a Commissioner of Array their warrant against Henry Bluthwait and Mary his wife
FOrasmuch as wee are informed, that Mary the wife of Henry Bluthwait is one that doth not stand affected to his Majesties service, and is suspected to disperse scandalus pamphelts. These are therefore to will and command you, that you take and arrest the bodies of the said Henry Bluthwait and Mary his wife, and them carry before the next Justice, to enter in Recognizance with good sureties, not only to appeare at the next Sessions, but also not to depart this County without License of the commander in chief, whereof faile not.
- Philip Musgrave
- Leo. Dikes
To the Constables of Withope Seckmurther and Embleton, and if they refuse to become bound as abovesaid, that you commit them to the Gaole at Carlile.
A warrant of Sir Wilfride Lawson then a Commissioner of Array and now High-Sheriffe of Cumberland, and Commander in chief ouer the Parliaments forces there.
SIr Wilfride Lawson Knight one of his Majesties Justices of Peace within the county of Cumberland, to the Constables of Seckmurther, & to the Keeper of his Majesties Gaole at Carlile, whereas the said Constbles of Seckmurther had a warrant [Page 20]from Sir Philip Musgrave Knight and Baronet, and Commander in chief of the county of Cumberland and Westmerland, and from Leonard Dikes Esquire, to arrest the bodies of Henry Bluthwait and Mary his wife of Sickmurther aforesaid, and them to bring before the next Justice that such course might be taken as to Justice appertaineth, in pursuance of the aforesaid warrant, the said Constables brought the said parties before me; but the said Mary Bluthwait the wife of the said Henry Bluthwait snatcht up the warrant and doth detaine the same. These are therefore to will and command you the constables immediatly upon the receipt hereof, to convey the body of the said Henry Bluthwait for refusing to observe the said warrant, and the said Mary his wife, for the misdemenour aforesaid, as also for refusing to observe the said warrant safely to his Majesties Gaole at Carlile, there to remain untill such time as he and shee shall be inlarged by due course of Law Isel. 6. May 1644.
Upon this warrant Bluthwait and his wife were imprisoned the woman was bound in a Cart, with her face and head upward, and under the horse tayle, and the horse so driven that he galloped with her to the danger of her life, and before they put her in prison caused her to be stript to her smock, under pretence of searching for suspected papers, and afterwards Henry Pearson and Iames Pearson Brothers and two Delinquents, Atturneys, gave direction and command in the name of Sir Wilfride Lawson to lay her in Irons.
Whereas wee are credibly informed that Richard Crakanthrop late of Stickland in the County of Westmerland Gentl. hath lately much strived to seduce and mistead his Majesties loyall subjects within these two Counties of Cumberland and Westmerland, (since he got his inlargement out of prison) from their duty and allegiance to his Majestie, the Lawes of the Kingdome, and Religion established; and hath likewise publiquely attempted to raise and levie warre within the two counties before named, and hath also publiquely opposed himselfe against those who are put in Authority by his Majestie, to the evill and wicked example of all his Majesties well-affected subjects. These are therefore in his Majesties name to command you, that you doe carry the said Richard Crakanthrop to his Majesties Gaole at Carlile: And you the Keeper or Keepers of the said Gaole, that you doe receive him into your custody, and him the said Richard Crakanthrop in safe custody to keep in your said Gaole, without baile or mainprize untill his Excellence, the Lord Generals pleasure, of his Majesties Army in the North-partes be further knowne, or otherwise untill he shall have a legall triall by Law, for his said offences and misdemeanors, according to the Lawes [Page 21]and Statutes of this Kingdome. Whereof faile yee not, at your perils:
Copia concordat cum originale.
- Thomas Gibson.
- John Cleasby.
A Letter of Sir Patricius Curwen Baronet, Knight of the Shire for Cumberland, afterwards a Commissioner of Array, written with his owne hand to his brother Eldred Curwen, a Papist, and Captain Lieuetenant to Colonell Hudleston.
BRother, I should have been glad to have heard from you by a line or two, I must confesse the businesse you undertake is of so high a concernment for his Majesties service (in which I beseech God send you all good successe) as I durst not adventure mine advice to you, lest I might have been thought a hinderer to that service, to which no man living can wish more happinesse: No man can blame me to say that mine adventure in it (of three brothers) is more than ordinary, all things considered. And if I should wish two might have served, and you had staid I deserve no great censure for it. I am very sorry for nothing but that you took not mine advice, but your owne wisdome, I might and do submit unto, and pray for your good fortune: And I am confident when you reflect of my former carriage towards you, and my affectionate valuatiation of you, you will thinke that such a hazard doth worke with me, knowing how things stands with me; if at your leasure I may heare from you, and that you have such a Command as is worthy of you, you shall doe me a favour, and tye me to let you heare of the welfare of your friends here: In the meane time accept my best wishes and prayers for your good successe, and remember my love to my brothers with you, and my service to your noble Colonell; and be ever assured you shall never find me wanting in any respect that may most manifest how really I am, Sir
I doubt not but you will be carefull that all be done faire at Wotten castle, where I heare you are, that no wrong be done there, either by your owne troope, or any others, that you can helpe, for I dare say my brother Darcy thinkes you very wel-come there, especially if you have made choice of that place your selfe; this inclosed I pray you doe your best in it, the mans name is William Peale.
Extracts of severall Letters to Iohn Musgrave.
FIrst, Beloved here are the Black-band, and many of Prince Ruperts Forces all the country over, it is thought no lesse then five thousand horse and foot; Sir Thomas Glemmon hath been here with the Governour and the Commissioners of Array, they have been these three dayes in consultation at Penreth, what was done there is yet unknowne to me, the Forces that hath been raised already in this country lye at Penreth with the rest of the foot of Prince Ruperts, the Marquesse Mountrose, the Earle of Niddesdaile and Hurry are all in this Towne. The Marquesse of New-castle did grant the lands of Master Barwis, the Parliament man, to William Mercer, your cousin Sir Edward Musgraves man and our Gaoler, who did thereupon sease of them, but it was obtained by Sir Richard Graham to prevent another, for he did no more but sease, and Master Barwis his wife doth enjoy the same as fully, nay, more fully then any man of whether side soever in all this country; it doth only serve for a protection. Your cousin Sir Edward and Sir Richard Graham had it articled against them to Prince Rupert, that they had obtained a protection for Master Barwis, and that betweene him and them Letters did passe; and they were thereupon accused to be on the Parliaments side, but came faire off, and this testimony is true. Now how others suffered is known to you, while I am writing, newes is brought me that all the Gentry of the country are comming to this Town, Sir Philip Musgrave, Sir John Lowther, and Sir Richard Graham and the Sheriffe, Sir Edward Musgrave your cousin, who came not here this long time, because of the breach betweene them and the Governour, who with Dikes did, as I said, Article against them. If Master Barwis (as you write) was the hinderer of the Scots taking in these Countries, then is he guilty of the blood of all these country people that have been slaine, of all the blood shed by them, of all the spoile done now to this country, if not of the wrong done of late in Lancashire, of the spoile done by the Black-band in Scotland, of all the great charge, the Scots have been, and are at, by keeping the Border, besides many of the Gentry of this country that neither were nor would have been against the State at the comming in of the Scots, that have been and are drawne to be enemies to the State, to the routing out of themselves and their posterity.
SEcondly, Beloved, I have laboured above one whole yeare for the good of this my native country; and for the good of Scotland without ceasing, and all this with the Scots I have given diverse reasons unto them of weight, warning and foretelling them of their danger before it ensue, whereby they might have had time to have prevented it, but all in vaine, it was the cause of my abode in this place, when I might have been exchanged upon demand all the last yeare, whereby I have lost the time I might have done good else-where, for I suppose upon the reasons I shewed I could have brought the businesse to passe, and have done good service to the State; I have incurred the danger of my life, in as ample wise as if I had been in every battell, for though God hath kept the thing from them, yet do they intend evill against me; the Sheriffe Sir Edward Musgrave hath been with mee and my fellow prisoners, to presse us to be souldiers for the King, and that with such violence as to threaten to take our lives for refusing as Traiters; I pleaded my tenour of Knights service, and that I was not by law to be pressed for a common souldier, who yet told me his voice should goe to take our lives, and they have appointed a Gaole-delivery to be within fourteene dayes, as he told us, to try us; you know what manner of men they be, it boots not to speake to them either law or reason: I put was in close prison for refusing to take up Armes with the Earles to invade Scotland; and now the Sheriffe would needs have irons presently laid on us for refusing, affirming we were in the highest degree of Treason; the Under-sheriffe and our Gaolour perswading what in them lay, and but that he had no irons, (for our Gaoler would find him none) he had laid them on us: by this you may perceive what danger I were in, if but one Letter came to light; they have made a paire of gallows in the Market-place. I purpose to spend no more time with the Scots, but imploy my selfe another way, and get from under the hands of Tyrants; this day they hanged one of the Mosse Troope upon the gallowes in the Market-place, by this view my danger; and put me to no more businesse untill you have some that may exchange me, as you love my life.
THirdly, Beloved counsell by some is respected, as the Counsellour stands in their esteeme, of others, as the Councell is without respect of the person, the latter of these have good successe wi [...] the former perish; I shewed severall reasons of consequence, that these Counties should not have been neglected, and what such neg [...]ect might bring forth, was (I may not condemne the wisdomes of States) yet I will say, [...] me it is very strange, that the Scots should invade by the East, and leave themselves open by the West to their enemies, whom I suppose they expected were asleepe, but [...]h advantages were able to awake the drowfiest spirits. I am now to relate unto you, that the Earle of Niddisdaile will invade Scotland by this way, who is now comming with five more Earles and Lords with him, and diverse troopes of horse and foot rai [...]ed of part of the Kings, and part of the Earle of New-castle Forces into this Country, [...]nd here to raise men, and so presently for Scotland, two thousand were sent hence to New-castle, two thousand will be the least for Scotland, they expect many Scots to as [...]. The Scots will have a sufficient triall of their enforced Covenanters and inven [...]d Presbyteries they so much glory, Mich. 7.13. Yet I wish I could bring a spoonefull [Page 24]of water to quench this flame, I writ a letter to you when your Mother sent you the 48 shillings, in my letter was inclosed a ten shilling peece of gold for you, this makes me suspect you are not well dealt with, neither I and the State may suffer by the losse of it.
As I then writ the situation of these Counties, is so advantagious that it may either helpe a standing Army, or relieve distressed forces, the Sea by the West flanking it, no place of landing but Workington & Whithaven, two forts there made, but irregular one would be sufficient to keep the Havens being manned with a few souldiers, against any sh [...]ps that there can land, the South mountains only towards any Enemy, one straight passage Stainmoore, which might easily be kept against 1 000 with 500 souldiers, one small irregular fort being there made▪ the other straight waies Grayrig house, Crook-daile house, & the way between Furnessefel & Milholme they face towards Lancashire, so there is no danger as the case now stands, but if danger were they are as easily fortified as Staismoor, on the East, all mountenous, no passage untill you come to Naworth (which way the Earles now come) which were no great businesse to defend, likewise now none but out of Scotland, of which (as the case now stands) I for beare to speak, loe here a brave & strong Camp easily defended, some way about 60 [...]0 no way under 40, or least 30 miles broad, here no starving, here may you both plough & sow, hither might any brethren forces repaire, and gather n [...]w strength, and stop the pursuing Enemy, no question if the Enemy knew the advantage of this place might afford to routed forces at would not be left at random as now it is, these Counties must either therefore be taken in or let Scotland be sure to smart soundly by them: any waies these Earles must either be met-with before they get into Scotland, or else it will be dangerous, but if they get footing then forces must be spared from the Scots Army, now at New-castle by Nawarth, to come and subdue these Counties, and so either goe on the back of the Earles, or at least no more aid goe to them this way, this done, then are the Earles inclosed behind and before, and shall surely come to ruin, to help the Scots, Lancashire must be desired to set on Kendall to divide the Counties and it will be found the Scots will have feeble Adversaries in these parts, the Commons will be more ready to lay downe their armes then fight, had they any hope of their owne peace.
I would have you with the Commissioners of Parliament, and make these things knowne to Mr. Darley, remember me to Mr. Osmotherley, and though I know, him not by face, yet yet I wish him peace, and that you would goe together, it may be God will find you a resting place, I could wish you in Northumberland, God dispose of you best to his glory, your Mother takes all very very patiently, grace and peace be with you and the Israel of God: let me heare of you, for thereby am I much comforted: Farewell.
This letter was sent some 20 daies before the Earles invaded Scotland, and took in Dumfreze.
FOurthly, Beloved, the Earle came this last night to Carlile, their forces is sai [...] [...]o be 5000. Mountrose is Lieut [...]ant Generall under Prince Rupert, who i [...] Generall against the Scots, I was a true Prophet to the Scots, that these Counties [Page 25]would be as troublesome to them as New-castle to the parliament, here are great forces raised to joyne with the Earles, they expect a grea [...] part [...] in Scotland, it is said 36 Lords are all of the band, the Presbyters and Synods will God find worke for, get from them, and let all good people make ha [...] a way; my advise is to goe to the Parliament Commissioners, the Lord direct you, make hast away, for the Earles it may be in on the Lords day, but within seven daies at [...]u [...]hest, acquaint the Scot [...] therewith, but speake not of mee, but to the Parliament Commissioners, remember me to Mr. Osmotherley and M [...]nge [...]ther [...], I sent you twenty shillings, consider well my former letter, there was one Thomas [...] [whom I sent unto, upon my other letter writing] he of zeale to his Country left this side and came to bring them this newes, whom they have imprisoned, see how erronious humaine judgment is, I witnesse the mans zeal to his country made him hazard his life, which he had lost, if be had been taken here; I was acquainted with his purpose, and this witnesse is true▪ Farewell.
This letter was written the sixt day of the weeke, and I received it on the Lords day after, early in the morming, and the day following the Earles came into Scotland and took Dumfreze.
Extracts of severall Letters sent to me before and since I was Committed.
FIrst, Beloved; the affaires of these counties stands for the most part as they did, our Counties should have besieged Carlile, and the Scots have gone away, and have lain at Penreth twelve daies, but the Scots would not remove, Brigs is a forward man to have the Scots go away, himselfe would be Commander in Chief before Carlile; the County is more and more Malignant, would gladly have gone to Carlile, but not for any good, for they professe against the Scots, say for the Parlialiament, and are for the King, it will be a wonderfull worke if ever the Country be-brought to affect the Parliament, even to fetch water from the well of Bethlem, no thing is done for the generall good, every mans private is so looked after, the souldiersly in free Quarter, yet wee pay taxes, I had al teer from Colonell Cholmeley, wherein he writes to me of the unfaithfulnesse of Colonell Lawson, he was to raise a mount neerer to Carlile then therest, Lawsons horse and foot was to attend the worke, when the towne sallied out slwe diverse of Colonell Chalmeleys men, hut and tooke many, and Lawsons men never offered shot, and upon examination it was found they had not powder.
SEcondly, Beloved, if the smalnesse of our forces be but considered, I think there hath been no greater oppression used in any place then in this Country, Murthers, Rapes and robb [...]ries is common there, is not any respect had by our Commanders whether he be wel affected to the Parliament or no, he shal have no favour for that, nay if it be thought that he is zealous for the Parliament, then shall he be hated, it is so well knowne my affection that I dare not come at Apleby, but am affraid to be Imprisoned, and Colonell Brigs hath threatned it, yet are Delinquents protected, Sir John Lowther is Inlawed, the Commissioner Mr. Barwis, and it is said Sir William Ermyne hath been feasting at Low ther, and presently Sir John Low ther appeares from his Ambush, upon the going of the Commissioners out of the Country Mr. Barwis and Sir John was with the Colonell, and some of the Committee after they are gone, Sir John is sent for by a party of horse, and had to Apleby, the next day set at liberty, and hath since collected his tythes and rents, yet hath he sent his Some beyond Sea; nothing is done about Sequestrations unlesse it be small thinges to put it in some mens purses, of all the noted Delinquents Dudley only is a prisoner, committed by Colonell Cholmeley; the Commissioners before their comming for London, had received your Articles, since when the Committee of▪ Westmerland have sent out their Orders, that if any have any cause of complaint against any officer, he shall be heard, yet before no man could have any redresse, neither I think will yet have, Mr. Dalston is at his owne house, and now the Delinquents are in their former state. An information was shewed mee against Richardson the Vicar of Brugh, and it did accuse him to have in his prayer before his Sermon, praid to make the rebellious Scots like Oreb, and Zeeb like, Zeba and Solmunva, and that God would send deliverance by Prince Rupert or some other man, which hath been informed the Committees, and I think the Commissioners, for the party went unto them, being neglected by the Committee; but tho he be a great Delinquent, yet is he protected in person and estate, these Counties are as Malignant as ever, the Officers seeke nothing but the ruine of all, the Kingdom wil be utterly ruined, if they imploy not men of conscience, in their affaires. Wee heare of a new list of a Commander which is much desired, for these by their spoyle make the people beleeve the Parliament intends no good to the Kingdome, but like the persons imployed in their service, look for their owne ends; which thing seduce many, even all but such as know the good intents of that house, let not the cause goe back for money, paines I know it wants none: Salute our friends, and Mr. Osmotherley; the God of peace blesse you in your busines, to whose protection I commit you.
An extract of another letter to J. M.
BEloved, this new Commission is now in setting in this Country, it was told me I was a Commissioner, but I think it was in derision; I wonder I heare not from you concerning it, it being a businesse of so great importunance, and once [Page 27]setled unalterable, if these men command, all is wrong, your being at London was thought would have procured us favour in this Country, but it is supposed you are waved, and we are the more despised; I could you I durst not come at Apleby, nor will I at Pe [...]reth any more, if no lover of God have the Command here, wee shall be as much as ever in slavery, if it be possible, and the Lord give a blessing, you must not faile to look to this, or else you and wee cannot expect here to live: It is said Mr. Barwis promised Colonell Brigs that he should Common here, and Lawson in Cumberland, and be Governor of Carlile, as they themselves give out; confer with Mr. Rigby, and acquaint him that the Militia here be in Delinquents hands.
Mr. Barwis shewed the Articles to Colonell Brigs and our Committee, who thereupon sent out their warrants, that if any had suffered by his troops, upon Complaint they should have redresse, but the Complaints are so great, that neither his not the Committees estate [...], are able to answer and give satisfaction; Colonell Ch [...]eley told me, that one assured him, that he will prove Colonell Brigs to be the cause of all the busines against the Scots, and William Airey told me Colonell Brigs gave a barrell both of powder and ball, to Captaine Browne [formerly a Lieutenant under the Kings command] for that purpose; nothing is now spoken of Sequestring any, and how should it be otherwise, for how can Delinquents Sequester Delinquents, aske our worthy friend Mr. Rigby the question from mee; let the Parliament expect no good from such a Committee: We are all well, God have the honour; salute all our friends; the God of peace prosper you, Farewell.
THirdly, Beloved, I received your ninth and tenth letter, and this is the ninth of mine, I refuse to excuse my selfe seeing others have done it, I perceive you have got a Commission for taking accompts of the Committees, but notwithstanding my being in it, if some of more note be not joyned with me, it will availe little, so if my Lord Docre can be put in, and Mr. Bellingham of Gathorne, he writ to you before, the Lord Dacres seing the badnes of the Committee, told them if the Devil were here he would find friends and partakers, he gave me great countenance before the Committee, to their grief, I shall be glad to joyne with such a one as the Lord Dacres, I much desire if it be possible, to have a Commander in chief for both these Counties, it will prove beneficiall to the whole Kingdome; in Cumberland may the Irish land at their pleasure, and are daylie looked for; and so may the Dane come about the Iles of Scotland, where our ships come not, no place stands more need, Delinquents and meane men are put in high places, either of which enough to ruine a Kingdome▪ Jervis Benson and Br [...]mthwait, the first made Colonell, yet hath but a house and no land, his Education no better then a Register, [formerly under the Bishop of Chester] who yet executes that office, the other you know and hath little, a L. Colonell, but will be rich enough if this world would hold, I sent you before an information against Lawson, but it perished with my letter, and many more things of consequence, which I cannot keep in mind, Farewell.
An extract of a Letter from Master Crakanthrop to Master Osmotherley.
I doe much admire that you are not long since wearied out, with this long and tedious businesse: your friends, and I doe much admire of your courage; the truth is dwee are all growne faint, and I had rather that it were quite given over, then be held with a continuall expectation, you know and so Mr. Musgrave, the strength of our friēds who purpose only was to discharge themselves, in making known their Coū tries sufferings, but if no cognizāce wil be taken thereof, yet do they hold themselves discharged, and not all waies held to consume the little they have, with continuall attendance, it may be you will think I doe not herein play the part of a comfortable friend, but doe rather weaken, then strengthen you, I must confesse I did expect to have received some better satisfaction, then the last Orders did give me, yet doe I referre all to your wisdome, and will alwaies endeavour to apply my selfe to give you satisfaction in your desires, and to submit my selfe, to your judgment; I have not written to you this 14. daies, wee have had the Enemy to keep us so busie, who came from New wark, with about 1500 horse under the command of the Lord Dighy, and at Sherburne suffered some losse, and so marched for Cumberland by Millam, upon whose approch Barronet Curwen, and Colonell Law son was together at Isell, the Enemy came to Workinton, where they found the house provided of all thinges for their entertainment, from whence they went for Scotland:
And abut Annon, Sir John Browne with some few horse, fell one them, taking the nights opportunity, cut of divers, and took divers Prisoners Lawson called the Country together, making a shew to doe something, but did nothing, only with-drew his companies, which kept the water at Bownesse, whereupon the Enemy retreated back, to Workington, but staid but a day, the Baronet came to Penreth, but the Enemy was frustrate, and went to the Ile of man, the rest disperced and fled, being rather smitten with terror from God, then cause of such feare a party came over at Mooredovocke, yet none give notice to the country before them, only I was told of that parties comming up Cunnerkeld, and with as good a party as I could make of the night time, did make on to Strickland head, and missing on them, wee went for Rosgill where wee heard some of them were, but they had not there staied, so wee missed of them, yet are the most of them taken, in some place one, some two, and some three, and many in Lancashire, so they are utterlyrouted, and and overthrowne, what ever their designe was, which some say for Scotland, to Mountrose but I rather think for the landing of Irish, who missing of them, upon their first approch, made as they had been for Scotland, but returned againe, and so missing againe, aboue workington dispersed, some of Cumberland fled to them, John Scenehouse of S [...]lkild, of Whitehall, and Sir Edward Musgrave but I think you will have the relation from Sir John Browne, who did gallantly, who have given you information enough, Mr. Bellingham doth not yet send the Articles, and whe- [...]er he will or on I know not, he did send a petition with articles to York, to this pur-pose, he hath had letters from Sir Ralph Ashton, and Sir Thomas Witherington, that if he would have a Solicitor, the time was, or not at all, we supposed you would have seen to it.
The L. Wharton of late hath put a great many of his, Tenants that had formerly ben [Page 29]of the Committee, of this Committee for affocation, wee thought to have heard from you of this too, if a Cōmittee be obtained, I wish Mr. Allen Bellingham were in it. I sent away your letters to your wife, who I heare is well; shee writ to you twise to my knowledge: desire Master Musgrave to look to his owne businesse: his Mother is well and the Children, but cannot get any thing out of Vaux for her maintenance, desire him to see what he can doe with the Committee of Justice for her, and to advise us. The Lord Dacre is come to London; desire Master Musgrave to returne him thankes for his mother, and to tender my service unto him: he will I hope acquaint you with the Cumberland Committees Cariage; so Sir refering all to your serious consideration, I take leave, and will alwaies remaine,
Lieu. Col. Bellinghams Letter
THis is the Countryes owne petition for I transcribed it, and sent it them at York; if you can make any use of it I pray you delay it not, for losse of time is dangetous; thus leaving it to your consideration, I remaine now as ever,
FOr newes, wee heare Master Barwis hath so prevailed with my Lord Gray, as he hath got a Commission, to Sir Wilfride Lawson, Master Briscoe, Master Lamplongh Master Barwis, Master Tolson, and Master Curwen, as some of them report, to be Lieutenants, Justices, and Committees of accompts for Cumberland, in whose hands the monyes and goods remaines, that is to be accompted for,
BEloved, your mother is so oppressed by Mr. Vaux, through the helpe of Nicholas Mawson, the Earle of Strafford never put an Arbitrary power more in execution, then these Committees, they would needs have Townson your sisters husband to be bound to the behaviour for comming to your mother, and have given their Order to Vaux that he shall not come their, nor lodg there, but yet not him only, but the intent is that none shall be assistant to her, or doe her service, yet did Towenson Stoutly tell the Committee and Vaux, that he would come to her when shee desired him, and doe her service, and stay as long shee would: I can say no more unto you; knowing your labour herein, for freeing us of these Arbitrary governors that regard the Parliaments Orders, and theirowne Commissioner no more, nay not so much as those that were Enemles to the Parliament, their will is their Law and Order they go [Page 30]by, and now they think they may do what they wil, no complaint is heard against them, you know they took eight and twenty beasts from me (bought in your presence) without a law, but their own wills: Whereupon their Order came out, what power more Arbitrary? Nicholas Mawson the great Adversary of your mothers, and one that doth what he will, is now comming to London, he is the great receiver of all the summes of moneys both for the Scots and the Committees, and yet is he of the Committee of Accompts, you say nothing of that businesse to me, whereof I wonder; I hope you received our Petition by Henry Dalton, surely if the Grand Committee be suffered to name such a Committee, who are all, unlesse two in either County for meere fashion, the one John Thwaits of Apleby [one who never flood for the Parliament, but for the Enemy] they are all accomptable, nay, they had the setting, receiving, and disbursing of all moneyes, and are the principall men to be accomptable. You sent me a Petition to subscribe but you may easily thinke that if the things be never so just, yet will none now subscribe from our hands; you have brought us so farre in disgrace with all who looke upon the outward face of things, and not at the right end.
Written about 4. 4. Mon. 1646. and received the twelfth of the same moneth:
A Letter from my Mother.
DEare sonne, the great distresse I here suffer by the means of Master Vaux is unsupportable, I cannot obtain from him any of the Quarterly ten pound which he is to pay me, as you know, and there is now an hundred pound behind, for bee hath paid me none since the Earle of New-castles Forces came into these parts, pretending me to be (while they bare the sway) for the Parliament, and therefore kept my Rent backe, and since the County was subdued by the Scots, he hath got such favour of the Committee, that they would not afford me any thing that I could get of him; I heartily desire and authorize you to present this my Petition to the Parliament, who, I hope, will take it into consideration, and grant some reliefe sutable to my estate and meanes which he hath got by me [being two hundred pound per Annum, he having then (though a Gentleman) no estate at all.] So with my prayers to Almighty God to inable us to go through the vale of misery to the glory of his Name, and comfort of his people, which shall be the daily prayers of
The Copy of a Letter sent out of Westmerland, to a worthy aged Citizen of London.
THe great troubles that the poor people of God in the County of Cumberland are in, and the knowledge that I perceive you have of the same by Master Musgrave our brother, of whom, as I understand, so ne who otherwise faithfull (but herein mis-informed, have complained unto you) I thought it my part to certifie you of the [Page 31]constant fidelity of our brother Musgrave, and of the hard condition of the poore Church of God in Cumberland the cause of our great griefe.
God who worketh as he will, when he will, and of whom he will, hath in that barren County of Religion, chosen unto himselfe a people, that to the glory of his Name, are in Church fellowship, and I may say a more faithfull people is not to be found in this kingdome, none more desirous to know and practise the truth, yet poore in wordly estate, and of meane degree, which doth wide open the mouth of adversaries, and make them more odious to the world, especially the Committee.
Now they having a good affection to the Parliament, made complaint by articles exhibited by their agents Mr. John Osmotherley and Mr. Musgrave of the Committee, and others, of which wee have got no expected answere, enough to affright us and others from watching over our Counties and the publique weals good: but this wee purchased, even envy, for which doing this poore Church of God is so threatned [...]en to be rained: but he that planted, I hope will defend.
About the first of this month, the Committee and Colonell Lawson desired the said people to give them a meeting, and they would bring some Ministers to give them satisfaction as they pretended, but the truth was to entrap them, for they brought a Priest one Linger who was come out of Ireland, and was reported to them to be there of the Prelates faction, and a persecuter of the contrary party, he mightily reviled the poore harmlesse people, who was not admitted to dispute, but was examined, accused, and arraigned, and two of them committed by Colonell Lawson and the Committee to close prison, the rest so threatned to deterre others, and to make them come to their assemblies.
The ground of their Mittimus was, that they should have said in private to a friend, that this Linger had persecuted in Ireland as they had heard, yet Linger himself fearing to have them committed, upon this, desired their liberty, to whom Colonell Lawson answered that they were not committed for that, but for publique businesse; his meaning (as was plaine) was their petitioning the Parliament against him and his fellowes.
The Committee sore examined them of their covenant, and other things about their Church and order, and writ what they would, intending to send the same to Mr. Barwis a member of the House of Commons, to informe the House against them: It is to be feared, that they will certifie much untruths against them, to make them contemptible, and to procure some order, to restraine their meetings or liberty.
Now I desire of you, that if you heare of any strange thing informed against them, not to beleeve it, but rather to perswade the contrary, for no foraigne nor strange thing doe they maintaine, but our owne grounds, and that you labour in their behalf, I humbly pray that things may be examined (before they be condemned) surely, you shall doe God good service, for many are looking to the truth and assemble with them; and if trouble fall upon them, may be hindred in their progresse: this Church hath increased to neare forty persons, and forty more separated, not yet admitted, and in that Coun [...] [...]y which makes the Committee so to starme against them.
Sir, I perceive you have acquaineance with some people that think well of Mr. Barwis, I pray you certifie them hereof, and how much the Gospell is hindred by his friends, and such as have imployment by his meanes: Yet I must tell you the men are againe at liberty, how long wee know not, for they are sore threatned, and all or the most of them are Independants that did article and petition, I doubt not but you [Page 32]will carry the businesse judiceously, for the glory of God, and the peace of his people the thing above all things, I most desire, and shall ever rest,
Sir, I humbly thank you and your people, for your kindesse to our brother Musgrave, and I desire of you to have a good esteeme, what ever be said to the contrary, for his fidellity will aloud preclaime it selfe to the world, to the trouble no doubt of oppressors.
The Copy of a letter sent by Master Isaac Autrobus, Minister of Egrement in Cumberland, to Mr. William Ben Minister at Lambeth, upon the 27. of the first moneth 1646.
THe burthen of the ministrie (as you partly know, for I did discover my minde unto you) lyeth heavy upon me, you see the Lord hath revealed the unlawfulnesse of our calling to the eye of the world, and now that wee are upon chang [...] ing, it were good that wee should learne the right and infallible way to Zion; for then the Lord hath promised a blessing, and life for ever more. I would doe as much as the most of our Cumberland ministers, but I have in my eye that which they want. I desire you to be a meanes to helpe me to acquire meanes for my livelyhood.
I have written to Master Burroughs for his help herein, and to your selfe, but I feare all have miscarried. I was indebted before the times of tryall, but these have added to my load. Twice was I plūdred by Sir Chri. Lowther & John Senhouse, before the Parliaments forces came here, but the Lord Digby & his forces swept all away. It cost me for the Parliamēts service this last yeare a hūdred pounds, which I think cordially, well bestowed. I have complained to our Committee for some relief, for the losses I suffered by the Enemy, but no help from them: Wee have now in Cumberland very cruell times. The present government here by our Majestrates, seemes to be matter of policie, rather then of justice, as one kinsman goes out of office on the Kings side, another comes in for the Parliament, and so the match is made up againe, the oppressors are only chāged, but the oppression continues; justice falls in the streets, corruption prevailes, those few that be reall for the Parliament, are quite discouraged, so that the Cavaliers carryes it stil, the honest religious men about Broughton are beat and imprisoned &c. so that I feare our misery in Cumberland is but beginning.
If the Parliament would doe that for us which they have done in other Counties, wee might yet enjoy happinesse, viz. send downe Magistrates, that have no kinted here, then its like there would not be so much partiality. You may be a good instrument for your Country, if the Lord move your heart you shall. Sir, I desire you to consider of these rude lines, and to lend me your helping hand. You have done good to [Page 33]me and your Country. Go on and the Lord the al-director prosper you with the tender of my thankfulnesse, and loving affections to your selfe, I remaine,
The Coppy of a Letter written to one of the House of Commons.
I am bold to be trouble some unto you, in acquainting you with the cause & ground of my sufferings, which are largely set forth in my letters and petitions published to the view of the world, what is mine I am ready to owne. Other things of the publishers or printers, I owne not, yet as I doe not justifie them in their doings, so I will not condemne them, for truth is still truth, by whomsoever it is spoken.
The severall charges, the Scotish papers with my reasons for not answering, without deliberation and advice, are in the hands of Mr. Lisle, and the coppy of such other things as are in my hands. I have sent you. I am still ready to answer such interrogatories as shall be propouded to me agreeable to Law; but I cannot consent to betray the trust which my Country reposeth in me, neither give way to prove my charge, I have already avowed with my partner, untill the parties accused have answered, yet if the same be referted over to the common law (as I have proved in my letter to Sir Arther Haslerig it ought to be) I am ready to prosecute and make good the same, or else to suffer profalso [...]more.
It is strange that I cannot have the parties accused brought to answer, nor delivered up to the law, when as daylie the Committee of Examinations commits, and then puts them to answer in criminall causes, before any charge be brought in against them, as I my self was committed and so brought before that Committee: I desire to know the Houses pleasure, whether I may have the benefit of the law, and be admitted to proceed in prosecuting my Countries cause; if not, then I desire I may have my liberty, with satisfaction and reparation for my losses, from Mr. Lisle for my imprisonment, which I have vndergon upon his untrue report.
What the state and condition our Country is in, you will better understand by these papers here enclosed, and by this our Counties petition to the House, which I desire you, to present or returne to me againe. The not redressing of our Countries grievances, makes their adversaries insult over them, and they are now under far more heavy pressures, then formerly they were, under the Kings partie, our neighbour Countries are very little better, as I am given to understand, in Bishoprick.
Sir George Vane a notorious delinquent, and a professed enemy to the state, is now made high Sheriffe by an Ordinance of Parliament, and so the posse Comitatus, committed to a traitor to the great griefe of the well affected party there: Yorkshire is in no better condition, as appeareth also by their petition▪ How those things answers the Parliaments under [...]akings, promises, oathes, and protestations, I leave it to your selves to judge. The revolting Welsh may be a caution to you, to commit such high commands and trust to any that have formerly joyned with the Enemy.
Sir, I pray you as you tender the good of the State, & such as feare God, let these things be timely amended, and let these Achans and troublers of our State, be brught forth and taken out of the way, and deliver us from our oppressours, and as wee have never been unfaithfull to you, so you shall not find us unthankfull. My liberty is very deare unto me, yet little comfort should I have in it, unlesse our Countrie be likewise freed from Tyrants and oppressors.
I understand there is an Order for my freedome, upon bayle. I desire either to come forth a freeman and justified, or else I am willing still to continue prisoner, till the House bring me forth unto triall: Only I desire that the House would take some care for my provision and maintenance, and that I may not be given up into the hands of spoylers, as I was of late, for two of the Sergeants men of your House, under pretence of a warrant from the Committee of examinations, to search my lodging for books intituled (Another word to the wise) would have robbed and taken from me my historie, and Law bookes, Bible and writings, if (by Gods help) I had not by strong hand prevailed against the Warden of the Fleet, refusing to joyne with them in any such wicked act, though they imperiously commanded him to assist them, which he rather did, because he saw me willing to give way to their search, even to my very shirt in obedience to their warrant.
Sir I carnestly intreat you to take into your serious consideration, what evill may ensue to the State, and what reproach and evill report it will bring upon that Honourable House, in denying us justice, and suffering the Enemy thus to insult over us, and how by thus slighting your friends, yee both strengthen the hands of your adversaries, and weaken your selves. However, God will not be mocked, who is righteous in all his wayes, & will revenge the quarrell of his Saints, to whom formalities and bare professions are alwaies hatefull without real tie and sinceritie, therfore, whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report, i [...] ther be any vertue, and if there be any praise, think on these things, and then doubtlesse God will prosper you, which is the earnest desire of him who is,
Another Letter to Sir Arthur Haslerig.
I Hope by my former letter which I sent you, that you are satisfied of my integrity and end, in applying my selfe to the Scottish Commissioners, for the preferring my Countries cause to the House of Commons: And for after time I desire you not to be so credulous, and forward as to condemne, or mis report any, espcially such who have so dearely undergone and approved themselves by so many hazards for the publique as I have done, and shall be ready upon all occasions, when the same shall conduce to the good of the Common-wealth.
Upon the bare report, or suggestion, or rather Clandestine recrimination of the adversary. It troubles me not a little, after so many perils and sufferings undergone, [Page 35]that not only I here, but likewise your faithfull friends in the Country are cast into prison for no other fault wherewith they can be charged, but for their good affection and readinesse to doe you service, whil'st the common Enemyes and Traitors to the State, are set and doe rule over us, contrary to all Law and justice, I expect from you as you are intrusted for the publique, and so consequenly engaged to preserve the right of every free-man of this Kingdome, chiefly such as have suffered with and for you, that without any further begging or puttings of that forth with you, present my petition to the House of Commons which I formerly sent you; that it be your care not to suffer me any longer to languish in prison, nor the Militia with us, nor any other commands and offices be any longer continued in the hands of Traitors and Delinquents, against whom we have already petitioned and articled; and that they be such, is well knowne to some of your members and officers of the House of Commons: that just ce may no longer be denied us, being the expected fruit of all our troubles, & other ingagements, and for which and no other end you sit there, and we have foughten, otherwise if you faile us herein, wee have just cause to complaine of you, and you will discover your selves to be such as have set up and make your selves great, by the casting downe and ruining them who have chosen you, and have adventured their lives and forsaken all for your sakes, which if you doe, it will prove in you the height of ingratitude; but I hope better things from you, and could wish that I may have no cause hereafter further to doubt of your reallity and faithfulnesse, in the due performance of your great Oath whereby you have bound your selfe to preserve and uphold the just liberties of the subject, which are dayly so much encroached upon, and to assist us to your utmost endevours to bring to condigne punishment, the enemies and Traitors to our Country, and in so doing I shall subscribe my selfe.
WEE of the Church at Broughton in Cumberland are all well at present though in a marvellous suffering condition from our adversaries, the Lord hath been and is pleased to adde unto his Church dayly: Wee need not to desire your assistance for our liberty, for wee are confident of your unwearied endevours therein. Wee are glad to heare of your courage for your Country; you have our Praiers for the effecting of what the Lord hath determined for us, and wee believe that the Lord Christ who hath begun this good work in you will perfect it; and bring downe the enemies of his truth; wee desire you to go on, be not discouraged strengthen your selfe and then prosper: with the remembrance of our loves we remain your loving brethren.
- Mungo Rothero.
- John Bowman.
- John Robinson.
I Humbly thank you for your favour and good will in my businesse, shewed to my Sister, whom I (not being able my selfe) got to go to seeke relief for me in the high Court of Parliament; having been my selfe (and my Father, in whom I also sufferextreamly and seldom the like heard of) opprest by one of their intrusted Servants, being as I think made by the Parliament a Deputy Lieutenant of our Country a Committe man Lieutenant Colonell in effect Colonell, all which (I take it) Mr. Holcraft profest himselfe to be, and made use of these powers, to the ruine of my Father, my selfe, and his family, as farre as in him lay, I am not acquainted with the Lawes of the Kingdome in that point, but I am sure by the Law of God he ought to suffer death, for violently with the Parliaments Troops under him stealing and carrying a way my Nephew, my Fathers apparent Heire, to my Nephews, extreame grief and terrer, and all ours, for my felfe, I have often heard of Magna Charta for which (and Religion) I have freely ventred all I have, so that when wee sent in the begining of these times, all the little plate wee had, I durst not in conscience keep back so much as the handle of my Fanne, and ever since wee have to the utmost of our power shewed our loves and service to the Parliament, and knowing and feeling the state of the kingdome, doe not now or at any time petition for payments or rewards, but being free-borne subjects, I humbly petition for the benefit of that great Charter, and of the good Acts made by this honourable Parliament, especially that of the eigth of this Kings Raigne, as I heare intuled an Act for the taking away of the Star-chamber, where they say no free-born may be put out of their franchize or free-hold, except they be fore-judged by the course of Law, which I never was, and they that shall so doe, shall forfiet 500 pounds to the party greived.
All the Law I ever heard of from Master Holcraft, was by his Captaine Jeffery Holcraft & his troopers being the Parliaments forces, to shew their pistols & weapons to my Tenants, telling them that that was their Commission, wherby they would force the payment of my rents to them, which they did, and so clearely has put me out of my Franchize and my free-holds.
I am not able to go to law with Master Holcraft, but humbly beseecheth this High Court of Parliament, to doe me justice upon their wicked servants, and according to their Act, they will be pleased to Order Master Holcrfat to pay me 500 pounds: In all which I desire you to be my just and favourable friend.
I have one suite more unto you, that is, I humbly beseech you as you love our Lord Jesus Christ, and know wee shall all appeare before him, be a friend to Master John Musgrave now a prisoner (as I heare) and if he hath done no wickednesse against the knowne lawes of the Land. Be a meanes that the servants of Christ may not in these times languish in prisons: pitty the just causes of his poor servants, praying God to sanctifie and strengthen you, and that great House whereof you are a member, to his glory the comfort of his poote people, and your, and their exerlasting fame and praise I shall be,
To the right Worshipfull Committee for King and Parliament, in the County of Cumberland. The Humble Petition of the Inhabitants of the Lordship of Milham.
THat whereas the said Inhabitants have in all things expressed their willingnesse, in obeying and observing all Ordinances of Parliament, and Orders from the right Worshipfull Committee, and commands of all others in Authority. Are now by the great and manifold pressures, taxes, lone-monies, free quarters (not nominating many other grievances) so impoverished that they are constrayned to present some of their perticular grievances unto this right worshipfull Committee, and to declare in part what vast charges the said Inhabitants have been put to: viz. paid in assessements to Colonell Lawson and his Officers, 1300. pounds, and to maintaine the siedge against Milham Castle 100 pounds. In lone moneies to the said Col. 128 pounds, besides all their taxes to the Scots, and the free quarter, and other losses, which may parralell if not exceed the totall of all the rest.
The Inhabitants have pald 200 pounds and above, for the maintenance of the Garison of Milham Castle. Likewise, the said Inhabitants further shew, that wheras they received a warrant for the levying of 45 pounds (which your poor petitioners could not with that expedition) for the want of the same but one night and a day, your petitioners were enforced to double the said summe of 45 pounds, and 10 pounds more.
And whereas some of the Inhabitants did also petition unto this Worshipfull Committee (at Penreth) that the abatement of 30 pounds, out of 80 pounds then demanded, which the Commissioners granted, and the Colonell in their presence consented unto, neverthelesse, your petitioners were constrayned to pay the totall. And although they have been put to all this charges, yet the said Lordship being charged with 90. souldiers, horse and foot, for the service of Carlile; Yet the said Souldiers got little or no pay at all.
Moreover Liutenant Radeliffe did send out a warrant the seventeenth of this instant July under his own hand, to cause the Assessors and Constables come before him at Boutle, and there shewed a warrant from his Colonell for the levying of 299 pounds, 5 shillings 9 pence, by what surther order, or for what use, your poore petitioners know not. And the said Radeliffe, quartred his troopers upon the Assessors till they have taxed the same.
May it please therefore this worshipfull committee, to take into your grave consid [...]ation, the just complaints of these your oppressed petitioners, and that you would vouchsafe to grant, that your petitioners may have redresse for th [...]ar lone moncies, and that the, 55 pounds doubled for a dayes deferring, may be repayed, and also that the souldiers may have so much pay as they have served for (and by us payed, but not by them recreved) [...]nd that the 30 pounds consented unto, to be allowed out of the 80. pounds, may be restored; and also that the summes, now by Radeliffe demanded may be cleared, and the said Radeliffe and his souldiers may be called out of the said Lordship, And your petitoners according to equity rectifyed they not being ableo therwise to subsist, but must delinquish the Totall.
And Your petitioners (as in duty bound) shall ever pray
This petition was delivered to Cumberland Committee, [...]hat we not reliyed any waies thereupon.
The Post-script written by a well wisher to all those whom God hath indued with a publique spirit (consisting of fidelity, magnanimity, ability, and constancy) to stand either for Spirituall or Temporall freedomes, or to suffer for the first or second Table of Gods Law, against all the oppositions, temptations, and insinuations of the mighty, innumerous, strong, and deceitfull enemies of these sinfull, sad, and dangerous dayes.
IF thou be judicious and impartiall, who hast read the variety of matters in this little volume, and in two former of the same Authour, namely, A Word, and another Word to the wise, I doubt not but as the wise man did reduce all the works and vanities which he had seen and observed under the Sunne, to this period or totall summe, even to feare God and keep his Commandements, these being the whole duties of man, so thou hast (or mights have) observed, the good and evill p ractices of men, in their severall inclinations and dispositions, which according to the two wayes whereinto they enter, after they passe the gate of death, may be reduced to two sorts.
For though God in all his outward mercies be alike good and gracious to all, equally and indifferently, yet wee see by daily experience that the Sun shining, and the raine falling on divers objects or subjects, make diversity of effects, the one mollifying the wax, and hardning the clay, and the other, though it be very acceptable manured ground, and thereby the ground made more excellent and fruitfull, yet it is alwayes rejected of stones and had channell, so that they still remaine barren and fruitlesse.
The one sort of men may be justly called godly, true, and honest, in that they endevour in their speeches and actions, to follow the pathes of worthie Patrons and publique spirited men upon divine record, as Moses, Paul and Mordecay, who did not regard themselves so much, for their private affaires, as the publique and generall good of their nation and Country: And the other sort deserve no better title then to be called ungodly, false, and deceitfull like Haman, Doeg, and Achitophel, who partly for vaine glory, and to obtaine their owne private ends, base selfe-seeking, and sinister respects, care not though the whole world should be drowned againe, provided that they can but securely and timely build a strong and mighty Ark of their owne wealth, preheminence, case, & pleasure, to carry them as aloft almost as now they are in their Charoches sit in their cōsultations, & preserve themselves alone with those that are neerest and dearest unto them, from the violence of the tempestuous winds, and turbulent waves of these ocean troubles without taking in any other whether male or female with them (according to Gods Ordinance and Noah [...] practice) to keep so much as seed of any other alive: if ever these troubled waters should cleare, and these boystrous winds cease and be calme, so malicious are they, and so void of love to God, or those that beare his image, and that chiefly by standing in the gap, and defending of justice, peace and truth, against the strong and severall streames of iniquity, and mystery of [Page 39]iniquity, worketh abundantly in these dangerous and deceitfull times, where in the very Elect would be deceived, if it were possible, all which, because a few words are sufficient to the wise, I leave both the application and explication to thine owne construction and discretion, and for thy further satisfaction, I adde here the Preamble of a late little book called Englands Birth-right, and conclude with some passages from the words of truth.
Read Eccles. 5.6. & 16.7. & Prov. 11.4. Lev. 28. & Mieah 3.
The Copy of a Letter written to Sir Thomas Witherington, one of the Burgesses for Barwicke, fit to be taken into consideration.
I Expected ere this to have heard of your report to have been made to the House, upon the vote passed for Mr. Cracanthrop and my selfe, for the great losses that we have sustained by the Enemy, the Iustices of the peace, and Com. of Array in Cumberland and Westmerland; I here attended the last winter, 13. weeks before I could get the Petition presented to the House, six moneths upon the 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 foure moneths; yet nothing done, which makes me much feare that little good is intended us, and that we shall be made more miserable in seek [...]ng the recovery of what wee haue lost, then in losing the same, undergo more hardship, and be brought to greater straites by waiting on you, then by lying in the Enem [...]es prisons for you. You know the deferring of Iustice; inlaw is holden for denyall of Iustice. The Parliament put to an oath to maintain the lawful liberty of the Subject, the Enemy because I would not joyne with them in the breach of it, and in betraying my Country, forced me into Exile and seised on that little estate I had; now againe upon the report of Mr. Lisle (after his many deferrings and putting off, even to the hazard of the losse of our Country, and if Sir I [...]hn Browne (as is well known) with h s Scot sh 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 diffi [...]ulty, no opposition being made by Co [...]. Lawson, effected their designes in that Country.) Of my pretended refusall to answer, which I did not, but only desired the Interrogatories to advise of, before I answered for matter of Law, which contrary to Law hee refused to grant me, though earnestly desired, all which may fully appeace by my answer and reasons given for not answering then to the Interrogatories before the Committee (and taken in writing by Mr. Lisle himselfe, before the same Committee and some other members of the House, and wh [...]ch 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 lye in prison for this, while Traytors and the grand Enemies to the State, are by this meanes suffered to walk London streets, even they of [Page 40]whom I complaine; for which I cannot but blame Mr. Lisle, being thus injured by him, and my Country almost undone, for as Sir Edward Cooke well observeth, it is the greatest Injustice, when the Innocent is oppressed under colour of Iustice; 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 lye in prison one day longer; and if they rightly understood the unsetled state of our Country, and what harme the neglect therof hath been to both Kingdoms (this and Scotland) and what advantage to the Enemy, and also what further evill may ens e thereupon; I believe we had not been so sl ghted as we have been, neither our Country-men had had such just cause to have complained of delay and neglect, as they by their letters to me sent, daily due, neither had the adversary I suppose, been so borne out.
As long as honest men are thus slighted, neglected, and kept under, their just complaints thus delayed and suppressed, while Traytors, Papists, and Delinquents be thus countenanced and protected, as those of whom we complaine have been and still are; while the greatest places of trust and command are conferred on, and continued in the hands of Traytors, and th [...] grand enemies of the State, as hath been, and now is w th 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 vve looke for an end of these our troubles? While things are thus carried on, l [...]ttle peace can bee hoped for to this poore and distressed Kingdome. Let us no more cherish the Serpent in our bosome, which having got strength vvill againe vvound us, if not destroy us: I could vvish that these troublers and enemies of our State, against vvhom only I informe, and vvith vvhom I only contend, may no longer be suffered to escape, but may be brought to condigne pun shment-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 vvere offended vvith as for seek [...]ng justice, and pressing forward our Countries just complaints and grievances, lest it should be thought the Parliament should seeme to justifie (or connive) at these their lawlesse practises and oppressions (vvh ch vve are ready in a legall vvay to make good according to our charge) by forbearance and sufferance of them: For it is a maxime in Law, Qui non prohibit quod prohibere potest, assentire videtur; [He that suffereth and hindreth not that vvhich he may let, is conceived and said in Law to assent.] Let no such blot lye upon that Honourable House; let not the potency of our adversaries overthrow the justnesse of our cause, neglect us no more, lest (besides the blame and out-cries for justice) you bring ruine upon us and your selves, by leaving us open to the Irish, vvhich may the sooner invite Ormond to invade us vvith his Popish and revolted Forces, having such an easie entrance, if the same be not prevented.
As you tender the good and quiet of the State, timely provide for this, and have respect to our poore Countrey; let all Delinquents, Traytors, and men dis-affected, all such as are tainted vvith covetousnesse, or cowardize, be removed out of all authorities, and the same put in the hands of confiding men fearing God, and hating covetousnesse, and all basenesse, such as vvould not be in the vvorst of times carried away, or corrupted through feare, or losse of goods, or hope of preferment, to joyne vvith, or submit unto the Enemy, or act in a n [...]vtrality, vvhich is holden for detestable: Neglect of those parts may prove of dangerous consequence; There, and not vvell else-where in the North, may the Irish land at their pleasure; and daily are expected there, from thence Digby by connivance of some of our [Page 33] English Commanders there (as is conceived) had free and ready passage into the Ile of Man, and so for Ireland; from thence the Earle of Antrim had like passage, and way into Ireland, with the Royall Commissions for Cessation of Armes there, which produced such sad effects in the Kingdome: Monnesse made his way for Scotland twice that way, to the great losse of that Kingdom, he invaded Scotland and took Dumfrece, hence the Earle of Newcastle had his first rise of his popish Army in the North, and daily supplyes of men and moneyes, till the reducement thereof by the Scottish Horse, hence since the reducement the Enemy in Dublin and the Ile of M [...]n [...]had Cole and Victuals: Here the whole Gentry are Malignants, Delinquents, Papists, Popish, or [...]se Temporizers; Here not ten of the Gentry in bo [...]h these Counties, nay, I dare say, not so many, have proved Cordiall to the S ate, but have submitted themselves, or acted to and with the Enemy; Here the Gentry have revolted since the reducement thereof, more then once or twice. Here Will and Oppression, raignes more then in any Country now subjected to the State, so long as the powers and authorities resides in the hands of such Neutrals, Tempori [...]zrs Selfe-seekers, Traytors and Delinquents, as now it is, the Enemy (though peace for the present were concluded and setled) yet might upon new and after discontents of a sudden, endanger the losse of the whole North, by the help of that popish faction in those parts, who have got in their hands the chiefe places of trust and command there, though you had no care nor regard of us, yet for your owne good, prevent this mischiefe, the which done may produce (though little considered) the fruit which may prove to bee a well grounded peace to the whole Kingdome; Though neglect of us, could be no prejudice to the publique, which will be of no small concernment (as I have already shown) yet the redresse of our Countries grievances in common equity ought not to be so lightly passed over, all which hitherto (but all in vain, for fourteen months together) have been pressed on, but by one Committee or other still frustrated; and in Justice you cannot deny us audience, and an equall triall either at the Common-Law, or in full Parliament, as in your wisdomes shall seeme best for the publique, and our particular good, for that the Law is our common birthright; which we may without offence (J hope) and do challenge and claime the benefit thereof, and therefore we have no cause to doubt or be fearfull in putting our selves forth, considering how that generall rule in Law, is still in force: Quod curiâ regis non debet deficere conquerentibus in justitia adhibenda; That the Kings Court should never be ta [...]ing (to such as complaine) in the doing of Justice. And of Courts Jud [...]iall, we acknowledge the Parliament Supream, which ever hath been, and I hope still will be the [Page 36] [...] [Page 37] [...] [Page 36]great and faithfull up-holder of the Common-Law, and of the rights and priviledges of all the loyall and true hearted Free-borne of the Kingdome; I pray you, good Sir, peruse these papers, and Copies of Letters, the Originals I have all, except two, which Master Blaxston hath, to whom they were sent and delivered; withall, I would entreat you to present this my Petition to the House of Commons, Mr. Speaker hath seene it, and saith he will speake to it, I could not prosse him further, in respect he had formerly presented one for mee: which was referred to the former Committee, but by Mr. L [...]ste (who is the Chaire-man) suppressed, and I could never heare more of it the ground of this my Petition; I hope you will let me understand what you will do here concerning the whole matter, by this bearer Master Hobkins (the Warden of the Fleet) which hath showne me kindnesse, in his readinesse to do me this favour, if by your meanes and the Justice of the House I may obtaine my liberty, and our Countries cause put in a way of triall without further procrastination; I shall not be unthankfull, but ever rest
Errata.
PAge, 1. line [...]. for Northumberland, Read Westmerland p. 2. l. 13. for Sequestrators. r. Sequestrations l. 24. for [...]tentright r. renantright. p 3 l. 10. for of, r. and r. 20. shillings. p. 12. l. 23. for brethrens, r. burthens. p 14 l. 28. for 106. r. 10. shillings p. 16. l. 24. for lop r. Lordship p 18. l. 2. for hankes r. thankes. l. 31 for warrer. and warre p. 19. l. 1. for prime r. privy. l. 22. for bluthwet r. Blaithwaite. p. 21. l. 23. for might r. must p. 24. l 9. for mountaines r. mountainous, l. 10. for 1000, r. 10000. l 11. for house r. hause. l. 14. for slavesmore r. stainemore l. 19. for brethen r. beaten. p. 34. l. 15. for against r. against them. p. 37. l. 45. for del [...]nquish r. relinquish. p 38. l. 34. for caroches r. coaches. p. 39. l. 23. for put r. put us.
To the Right Honourable the Commons in Parliament Assembled The humble Petition of John Musgrave Gentleman, Prisoner in the Fleet.
THa [...] your Petitioner was halfe a yeare imprisoned by the Iustices of Peace, and Commissioners of Array in Cumberland, for refusing to submit to their usurped authority, was after driven into Exile, and all his meanes possessed by them, untill the reducement of Cumberland to the obedience of Parliament. Which his sufferings, this Honourable House referred to the Northerne Committee, whereof Sir Thomas W [...]herington is Chairman. That your Petitioner was sent to this Honourable House, by sundry of the well affected of Cumberland and Westmoreland, with a Petition and Articles against Sir Wilfrid Lawson end others of the Commanders and Committees, being such as were Delinquents & so declared Traytors, yet [...]ut in Authority by Mr. Richard Barwis, contrary to his oath and trust.
That your Petitioner is still ready to prosecute and make good the charge, if he may have his liberty, he having been imprisoned now 10 months upon an untrue report made to this Honourable House by Mr. L [...]e. That your Petitioner his wife and children, by the cruelty and losse sustained by the enemy, were much impoverished and wasted, and now by your Petitioners long imprisonment deprived of all meanes of outward subsistance, and left in a petishing condition, so as without his liberty and some just Reparations for his former losses, he is in danger to s [...]ar [...]e and famish and he destroyed in your prison, and his wife and poore children in the meane time exposed to all manner of miserie. And all this for no other cause, but for your Petitioners discouery and complaining of the oppressions and treacherie of yours and the Kingdomes enemies.
Your Petitioner therefore humbly prayeth, that Sir Thomas Withrington be required to make the report, agreed on a yeer since by Vote of the Committee for your Petitioners reparations, whereby provision may be made for your Petitioner, lively-hood. That this Honourable House would be pleased to take into their consideration, the miserable and sad condition of your Petitioner, his wife and 6. children, to gr [...]nt him his libe [...]ty, and not to suffer him any longer to languish and be destroyed by your long imprisonment of him, which both law and nature obhorreth, whilst the knowne and professed enemies of this Kingdome, and distroyers of their country, are allowed to live at liberty and injoy their wealth, gotten by spoile and rapine, without any accompt making for the wrongs done to your Petitioner, and others his suffering oppressed country men.
The PREAMBLE, To all the Free-borne people of England.
BRethren and Fellow-Commoners, God and the world knowes, that the wel affected party or this Kingdome (discerned by their voluntary bid to the Parliament shaving tried all possible & faire [...]ans, as much as any People for number & power of any Kingdome or Nation ever did, by Praiers, Assistance, Concur [...]ence▪ Attendance, Petitions, Oblations Informations, and Discoveries, as well of Treasons as of utter desolations: and perceiving themselves now at last to be in a fa [...] [...] condition, both in number and power (their Lives and states, yea and precious time also being so far spent) [...] were at the first, and like to loose all, and scarely to have (or leave) so much as their Lives, Lawes, or liberties for a prey.
And seeing, by manifold examples of grieveous exp [...]rience, that neither Petitions can be easily accepted, justice truly administred, the Presses equally opened the cryes of the poor heard, the teares of the oppressed considered, the sighes of the Perisoners regarded, the miseries of the widdow and Fatherlesse pittyed nor scarcely any that are in distresse relieved, but Lawes any way wrested, most of our freedomes restrained, Ordinances, Protestations, Oathes, and Covenants slighted the hearts of all Estates, King, Parliament, Priest and People ob [...]ured, the wicked for the m [...]st port absolved, the just often times condemned, and most of all in Authority perju [...]ed, not [...] thers to take, but neverthelesse, by persecuting those who make Conscience to [...] it, even because they will not breake it. In deep sad, serious, and lamentable con [...] deration of all these grievous proceedings, and as much by feeling the smart, as [...] ring, seeing or [...]nowing the verety thereof chiefly the Opressions, taxations Insurrections, Rebellions, Persecutions, Violences, Robberies, Sequestrations, and Com [...]stions, I with my poore one Talent, in stead of him that hath Ten, out of a duti [...]ull and co [...]sciencious lo [...]e tender and p [...]tifull respect to my Nation, now in this her great defection, and apparent desolation, chiefly for the remnant thereof (who mourn in secret both for her great abominations, sins, desolations, and their owne particuler transgressions, and who doubtlesse are marked to escape the furie of Gods fearfull indignation)
Have used my best endeavours h [...]re both to shew the maladies and remedies of this sick, swouning, bleeding, and dying Nation, that if God hath not orda [...]ned it, like Babell, to sudden, inevitable and utter distruction, it may yet be cured, and a remnant reserved, according to the Lords usuall dealing in all his visitations, remembring his tender compassions and mercy, even in the midst of his fearfull judgments and severity, that in despight of Sathan and all his instruments, they may doe ju [...]ce and judgement, and praise him in sincerity.