ANOTHER WORD TO THE WISE, showing that the Delay of justice, is great injustice. By displaying heavier grievances in petitions from several Counties to the House of Commons, and letters to parliament Men, from Mr. John Musgrave Gentleman, one of the Commissioners from Cumberland and Westmoreland, for presenting their grievances to the Parliament. Who instead either of redressing those two Counties grievances, or prosecuting the charge given in by him against Mr. Richard Barwis, a Parliament man, for betraying his trust, in placing traitors and Malignant officers in chief places of command, to the apparent ruin thereof and landing of the Irish Rebels there, did illegally commit the said Mr John Musgrave to the Fleet, where he hath lain these 4. months, without any justice, or trial of his business. For refusing to answer Interrogatories, otherwise then according to law by writing, or to stoop unto the arbitrary and illegal proceedings of a Committee, who admitteth the parties accused, to sit with their hats on, and committeth the accusers to prison, though they themselves do offer to suffer, if they prove not their charge by sufficient witnesses.  Though hand join in hand, the wicked shall not be unpunished. The righteous is more excellent than his neighbour, but the way of the wicked will deceive them. He that justifieth the wicked, and he that condemneth the just, even both these are abomination to the Lord. Pro. 11. 21. and 12. 26. and 17.15. 
Printed in the year, 1646.   

To our worthy and much respected friend, Mr. John Musgrave.  
Sir,  
AS time (that precious jewel) bringeth forth the truth of all things, so have we gained more knowledge of your just cause, and unjust sufferings, since we published your last letters and Petitions, under the title of A word to the Wise, for we have not only received more letters and Petitions, which we have here also divulged, but likewise the copy of an order from the House of Commons, against that little book, of which order the words are these.  

Die Martis 17. January, 1645.  
The house took notice of a Pamphlet, entitled A word to the Wise, displaying great augmented grievances, and heavy pressures of dangerous consequence: And it is ordered, that it be referred to the Committee of Examinations, who are required to make a strict inquiry after the Author, Printer, and divulger of the said Pamphlet, and to give a speedy account thereof to the House.   
Here is a word to the Wise indeed! a great noise of hue and cry for a man that like worthy Nehemiah never ran away. It is a wonder that those few men should think all other men blind but themselves. What Butcher is so idle and undiscreet, as to send his bloodhounds abroad, to drive home an Ox, which he knoweth is already in his own back shop. Only it may be, that some time he will make great search for his knife, whilst it sticks in his teeth. And is it not as great a wonder, that they do offer thus to search abroad for the Printer and divulger of that book, and not seek their own fleet prison at home for the Author Mr. John Musgrave, and owner of the chief parts thereof, whose name is so eminent and often therein expressed? It is most certain, that such dealing cannot long prosper, more than Zimri did, who killed his master. But be of good comfort, the same God who sent the Ravens to feed Eliah, Ebedmelech the black-more to comfort Jeremiah, & King Pharaoh's baker to deliver Joseph: will have the like care of you, and all that stand in the gap either for religion or the just freedom of the nation: Great cause have we to be jealous of many whom we have trusted with all that is nearest and dearest unto us in this world, and in whose defence so many thousands of lives, and such abundance of treasures have been spent, and such multitudes of widows and Orphans left in distress; and still though persecutors and oppressors be changed, yet both persecution and oppression remains. For although the council-table, Star-Chamber and High Commission be put down, yet all the free born of this kingdom● do feel the power thereof transformed in another habit▪ and still remaining in the Committees, as is too apparent by their manifold illegal proceedings to enslave us. But our comfort is, that though the world should turn upside down, and the mountains fall into the sea, yet it shall be well with those that fear God. Fare well▪   

The Copy of the Commitment, 25. Octob. 1645.  

Upon Mr. Lifle's report from the Committee, to which the Informations given in by Mr. John Musgrave, and Mr. Osmotherly, against Mr. Barvis a Member of this House, was referred, Mr. Musgrave refused to answer such Interrogatories as were propounded unto him by the Committee, upon the Direction and Order of this House.  
Resolved▪ &c.  
That Mr. John Musgrave be forthwith committed prisoner to the Fleet, for his contemptuous refusing to answer to such Interrogatories as were propounded unto him by the Committee, upon the directions of this House, and that a Warrant do issue under M. Speakers hand, for the Commitment of him prisoner to the Fleet accordingly.  
Hen. Elsing. Cler. Parl. D. Com.   

By virtue of an Order of the House of Commons, dated 25. Octob. 1645. These are to will and require you forthwith upon the receipt hereof, you apprehend the body of Mr. John Musgrave, and him safely deliver unto the Warden of the Fleet, there to be kept prisoner, for his contempt to the said House, until the said House take further order therein. And the said Warden of the Fleet is hereby required to receive into his custody; the said John Musgrave to be kept prisoner accordinlgy: for which, this shall be your warrant, dated 27. Octob▪ 1645.  
WILLIAM LENTHALL, Speaker.   

To the sergeant at arms, attending the House of Commons, or his Deputy. And to the Warden of the Fleet, or his deputy.  
I do appoint George Bragg, Gentleman, to be my lawful Deputy to execute this Warrant, dated 27. Octob. 1645.  
Edward Berkhead, sergeant at arms▪    

The 27. day of the first month, 1646. there was a petition out of Yorkshire, presented to the Parliament whereof the true copy here followeth.  
To the Right Honourable, the Knights, Citizens, and Burgesses, assembled in the Commons House in Parliament. The humble Petition of many thousands of the well-affected in Yorkshire.  
showeth. THat they ever looked on the Parliament, as the only refuge under God in this kingdom, for the relief of the distressed Subject, from Popery, tyranny and injustice, and therefore have in and for the defence of Religion, the privileges of the Parliament, the rights and liberty of the Subject; ventured their lives, spent their estates, and have been plundered of their goods, even to the utter undoing of many of their wives, children, &c.  
That of late many of the King's party, some who have been in Arms, in open rebellion against the Parliament, others who have stood as neuters, waiting to side with the stronger party, and no way assisting the Parliament (but by constraint, have by subtle speeches, and clandestine ways, gradually wound themselves in to be Committees for the Parliament, and some to be Commanders; Who so palliate and veil their actions, with pretences of State, that the well-affected and friends of the Parliament, cannot have justice; or are so delayed in their just suits, that they are quite wearied out and discouraged.  
The Petitioners therefore humbly pray, this honourable House to take the premises into serious and due consideration, and for prevention of the great mischief, that may happen (if not prevented) by disheartening the good, and animating the ill affected; To order that all such persons, as have been in arms against the Parliament, Malignants, and Neuters, may be removed from being Committees, or Commanders, and that their place may be supplied with honest men▪ who have ventured their Lives, spent their Estates in, and for the Parliaments service.  
And they shall ever pray, &c.   

The copy of a letter, sent by Mr. John Musgrave, Gent. to Alexander Rigby, Esquire, a member of the House of Commons.  
Worthy Sir.  
LIttle did I expect to have been so troublesome to my friends, upon such an occasion as this, sitting a free Parliament: we were in hope when the High Commission, council Board, and star-chamber were taken away according to the Law, that we had been free men and no more subject to any Arbitrary Power; But according to the Law, we should have been protected in our just Liberties, and have had justice done us without begging or entreaties; I have been kept Prisoner here some 13. weeks, yet neither by solicitation of friends, or petitions, can I get audience, I desire but the benefit of the Law, which I claim as my Right, either to be justified or condemned, by the same; favour I desire not, no other than the innocency of my cause deserveth, Justice only I expect; as you have ever professed yourself to be the Common wealth's servant, so I desire you in the behalf of my Country, to move the House, that I may have my Liberty, being their Agent, and their Cause put in a way of trial. This is all I desire from you, which I hope you will not deny me, and I shall be  
From the Fleet Prison 29th of the first month. 1646. Yours to do you service John Musgrave.   

The copy of a letter sent by Mr. John Musgrave, to Sir Arthur Hasilrigge, Knight, a Member of the House of Commons.  
Sir,  
I Am given to understand that my petitions and letters of late published by some of my wellwishers under the title of A word to the Wise, were delivered unto you by Mr. peter's; there is nothing in any of these petitions and letters which are mine, but I am ready to own and avow; and if I may have but common justice and an equal hearing, I doubt not but to make good the same, to be agreeable to law and truth I am informed that you alone have taken upon you to be my judge, and have already condemned me, and cast many vile aspersions upon me giving forth how I comply with the Scots, to drive on some wicked design of theirs, tending to the prejudice of the State, and undoing of my country, which if it were true, then are you blame-worthy to pass by the same, and not to bring me forth to condign punishment: for already you have given out sentence and adjudged me guilty though you never heard me speak, and (I suppose) never knew me by face: but howsoever, though I were guilty of that wherein you condemn me, yet it doth not beseem you, nor any in the place of judicature (as you are) to condemn any man unheard, and who is absent, nor to have respect of persons in judgement; And none but unrighteous judges, will do so, for it is good and agreeable to law what Seneca saith. Qui aliquid statuerit altera parte inauditu aequum licet statuerit haud aequus est, He that determineth and ordereth any thing, the one party being unheard, although he determine and order that which is right, yet is he unjust. And this your doing is the more grievous, in that you insult over a poor prisoner, whom you now have in bonds, and so not in place to answer for himself.  
I complain of traitors whom you suffer to walk at liberty, I have given in charges against them unto you, yet cannot get them brought to answer, whiles▪ I am cast into prison before any charge be brought against me, put to answer interrogatories, and no accusers coming against me. Traitors whom I accuse are continued in their authorities, yet almost four months have I lain in prison, and know not for what, but hitherto, neither by friends nor petitions could I ever obtain that favour and right (which of duty you owe me, and all the free borne of this kingdom) to have audience and liberty as a free man to answer for myself: for as you can exact no obedience of us further than by the law, so may we boldly claim justice according to the law, which to deny us, is injustice in you by the law.  
I am blamed because I decline the Committee, how should I expect any good from them, when they dare not or will not suffer our cause to be publicly heard and debated, but do shut their doors against both our friends and also against strangers, contrary to law, yet suffer they our adversaries whom we accuse, to sit with their hats on, as judges in the cause, both permitting them and they taking upon them to examine us. O England (saith one) well in the like case, what's become of thy liberties? For if Sir Edward Cook spoke truth or knew the law, that judge who ordereth and ruleth a cause in his chamber, though his order or rule be just, yet offendeth he the law▪ and the reason he rendereth is, for that all causes ought to be heard, ordered and determined openly in the King's Courts, whether all persons may resort, and not in chambers or other private places. See Cook 2. part instit. fol. 103.  
And how can I assent unto the Committees demands, to bring witnesses to be examined before such a Committee as cannot, or is not authorized to administer an oath, and so consequently cannot determine or give any judgement for or against the party accused, for that all matters of fact and causes criminal are to be tried and determined by the verdict of 12. men, upon the solemn oaths and depositions of witnesses. See Cook▪ 3. part instit. fol. 163. And how can I without incurring the heinous sin of perjury, submit unto the arbitrary proceedings and determinations of any Committee, being bound by solemn oath and protestation, to maintain the laws and just liberties of the people, and that the proceedings, orders, and results of the Committees be arbitrary, and not regulated by the law. I need no further proof, than that exorbitant and unlimited power they take upon them, and daily exercise in seizing on free men's goods, and imprisoning their bodies contrary to law, For which if they should as they ought pay 500 l▪ a piece & treble damages to every party grieved according to the statute of 17. Car. made for the abolishing of the Starchamber▪ I believe they would not adventure so boldly to transgress▪ sed impunitas continuum affectum tribuit delinquendi, but neglect of punishment, giveth boldness to transgress. Nay, I am verily persuaded, the whole estates of many of them, would not give half satisfaction for the wrongs done by them. That this law were put in execution against such lawless men is my earnest desire, and daily expect the same.  
But it seems you are much displeased that we should impeach a member of your house, why? have you any privilege to transgress? To be a Parliament man, is it a good plea in Bar? I ever thought this war had been undertaken for the preservation and defence of our laws and just liberties, and not for sheltering nor protecting any delinquents or offenders? Can it stand with your honours, your oaths, your trusts, your protestations and declarations to refuse the delivering up your delinquent members to the law, to slight our just complaints, and to cast us into prison for complaining? Can it stand with justice and law, for the trusties of the law, to plead privilege and exemption from the law? Were not this to justify transgression by a law? Doth not the observation of the law generally without any limitation or exemption concern all equally and alike? Is not the practice and execution, the very life and soul of the law? And what saith learned cook? neither can a judge punish extortion, who is corrupted himself, neither any Magistrate punish any sin as he ought, that is known to be an offender therein himself.  
Therefore (saith he in the same place) it is an incident inseparable to good government, that the Magistrates to whom the execution of the laws is committed, to be principal observers of the same themselves, Cook lib. 4. pref. Have not you complained often times expressing great grief, for that the King would not deliver up his evil counsellors and bad servants to be tried by the law? and can we expect less from you, than you exact of others, even of the King himself? For my part, I cannot deem them less than guilty to themselves, who under pretence or shadow of any privilege, go about to avoid the trial of the law, and so think to escape with Joab by flying to the horns of the Altar.  
If Mr Lisle (Chair man of the Committee, where unto our cause was referred, and under whose bare report without any further ground I suffer) had been as truly zealous for the law, as he would be accounted knowing in the law, and had been as faithful in discharging his trust, by doing good offices for the public, as he hath been ready to procure by his public place in the house, contrary to the self denying ordinance, private and profitable offices to himself, he would not have laid our papers and informations aside, to the great damage and danger of our country, nor so fall'n upon us as guilty persons by propounding interrogatories to ensnare us, even before he had any direction from the House so to do, he would have not misreported to the house, that I contemptuously refused to answer, whereas only according to law, I required time to answer. He would not have (so contrary to law) denied to have given me and my fellow Commissioner the interrogatories, nor hindered us to write them from his mouth▪ Neither would he have refused to give us a reasonable time, to have advised according 〈◊〉 the law, for answer, so (that either he must to his shame being a prof●ssor of the laws, plead ignorance of the law, (which is his best plea) or else these his prac●●ses do discover him to be faithless, corrupt and unjust, and one of those to whom it is said, woe to you lawyers.  
For it appeareth by Sir Edward Cook 2. part instit. fol. 51. that I ought by law to have had time allowed me wherein to advise for answer, his words be these. If any one be suspected for any crime, be it treason, felony, &c. and the party be to be examined upon interrogatories, he may take a reasonable time to answer the same with deliberation, and the examinate (if he will) may put his answer in writing, and keep a copy thereof, and so it was resolved in Parliament in the case of Justice Ric●el. See the record at large. 1. Hen. 4. memb. 2. num. 2. O ye senators, learn wisdom, and take heed how ●ee either endanger yourselves or us the free born people of England whom ye represent▪ And though we trust you with our great affairs, yet do not you trust too much those Lawyers, by whom our liberties have been so often betrayed, that except some few, like noble St. Johns; they are all so mercenary, that even those who sit in Parliament are nor ashamed to take fees, and moneys, for pleading causes depending in that high and honourable court, as they do also in all other courts of justice in Westminster hall, and how short they come in discharge of the trust committed unto them, let the preceding practice of Mr. Lile towards me (now a prisoner and agent for the well affect●d of Comberland and Westmoreland to the Parliament) bear witness.  
As touching our charge against Mr Barwis and the rest, it is evident that they are to be tried at the Common law, and thus I prove it, the charge is for treasons committed by them against the state. And in Magna Charta cap. 29▪ it is declared, that no free man shall be taken or imdrisoned, or disseised of his freehold, or liberties, or free customs, or be outlawed, neither will we pass upon him, neither will we sit in judgement upon him, but by the lawful judgement of his peers, or by the law of the land, and to no man will we sell, deny, or delay justice or right. And hereby that crooked cord (as saith cook in 2▪ part instit. fol. 56) of that which is called discretion appeareth to be unlawful, unless you take it as it ought to be taken discretio est discernere, per legem, quid sit justum, discretion is to discern by the law what is just. And (there he saith) it is called right, because it is the best birthright that the subject hath, for thereby his goods, lands, wife, children, his body, life, honour and estimation are protected from injury and wrong, adding the words of Citero, Maior hereditas venit, unicuique nostrum a jure et ●egibus, quam a parentibus, A far greater and better inheritance descends unto each one of us from justice and the laws, then from our parents. And in his proem to his 3. part instit He urgeth that ancient maxim of the law, Misera servitus est, ubi ius est vagum vel incognitum. It is a miserable bondage, where the law is uncertain and unknown.  
And in the 24. page of the same book: he telleth us how treasons are to be tried saying, there is another excellent branch of a statute made 1. et. 2. Philip. et. Mar. cap, 10. in these words, Be it further enacted by authority aforesaid, that all trials to be had, awarded, or made for any treason, shall be had and used only according to the due order and course of the common law, which Statute is yet still in as great force as first when it was made, the same never being repealed, for according thereunto ye tried the Earl of Strafford since this present Parliament began, who had as good right to have challenged his privilege and exemp●ion from the common law (if any such appeal had been) as ever Mr. Barwis had or any other who so ever, and which doubtless he would have done, and you have granted. At whose trial I was, and you made use of me as a witness against him, where I was examined viva voce upon oath, the Earl himself having first answered his charge according to law: Whereby you may perceive it is plain and evident, that this our cause and charge is not proper nor pertinent to be tried by any Committee, who are not authorized to administer an oath, whereby to put an end to any controversy, but altogether such courts of justice as are enabled to begin and proceed and end in a judicial way, per legem et consuetudinem Angliae, by the law and custom of this realm. For no privilege of Parliament can hold or be pleaded in cases of treason, felony, and the peace, Cook 4. part instit. fol. 15▪ Herein there only remains then to be done on your parts, ro give up your delinquent members to the law, and we on our parts according to the same law, to make good our charge by adieu and legal prosecution.  
And whereas you say, that I have combined with the Scots, and drive on their wicked desigoe, give me leave to tell you that I being driven into exile through the cruelty of those unnatural vipers and traitors of my own country, who joined with the popish conspirators in this great rebellion, to ruin our state and country, they thirsting after my blood; and thinking to devour me, proffered large sums of money, to such as could apprehend me, I was forced to fly for my life, not being able of myself, to resist their fury. After these your Committee men with us, had shamefully desarted me and this just cause of the kingdom, and adhered to the enemy, I having then no other way open nor apparent means to escape with much difficulty and more danger, got (by God's good providence) into Scotland, where I endured no small trials and troubles through the malignancy of some of their Ministers and such as they stirred up against me, taking occasion upon my non conformity and refusal to come to their assemblies and high places, unto which I could not submit nor join myself.  
But after much and long struggling and contention with these Ministers, in the mean time labouring to walk inoffensively towards them and all others in all other things▪ by the private means, and secret intelligence of some of my faithful friends in England, then in bonds for the Parliaments cause, I discovered several designs of the enemy, and our gentry against that state, for which I found such favour from the Magistrates there, that the governor of Drumfreis did take me under protection, and defended me from the persecution and violence of my adversaries there, wherein he showed himself to be truly noble, and for which I cannot but acknowledge myself to be much bound unto him, yea and the more in that neither I nor any of my judgement, have received the like duty of love at home, notwithstanding the discoveries and all the faithful services we have done, neither sparing our blood, nor regarding our estates for the good of the public.  
After the reducement of Cumberland by the Scottish horse, upon my return thither from Scotland (being in exile a year and a halfethere) some of Mr. Barwis favourers & bosom friends (who knew me in Scotland and of the good service I had done there) threatened to root out me and all of my judgement in our country. Neither did Mr. Barwis himself regard any honest man there, though here (as I am informed) he pretends to be an independent, but h●ld up and countenanced the book of Common prayer, (that English mass,) notwithstanding all his solemn oaths, covenants, and protestations against it: and likewise did put in the greatest places of trust and command with us, traitors and malignant's, and men disaffected to the public good of this kingdom. All his own kindred being such, whom he thus endeavoured to promote and make great, wh●rof we complaining to him, were altogether slighted, and those our enemies his friends, kindred and allies borne out and continued by him in their authorities, neither would he give us any kind of assistance for ●eleiving some honest and godly men, who had been kept long, and were then still prisoners in Carlisle by the enemy for the Parliaments cause, and who afterwards by the help of the Scots were relieved out of prison, whiles I was at London soliciting this our country's cause, some of them being of the separation.  
Sir, I was the last Winter here in Town above 3. months, expecting that Mr. Blaxton one of the Burgesses for Newcastle, according to his undertaking, would have preferred my petitions and charges against Mr. Barwis and other enemies of our country; which he did not; And upon my return to the Country, Mr. Blaxton promised, that in my absence with the first opportunity, he would present to the honourable house of Commons those my petitions and country grievances, wishing me to encourage my country men, to press on our just complaints, and he would be assisting unto us, and likewise I solicited some of the Committee of both kingdoms at goldsmith's Hall, namely Mr. Moyer and Mr. Allen, (now a Parliament man) who also promising much, but after 5. weeks' attendance upon them, by their own direction, they performed nothing, Where (by the way) I desire you to take notice, that in all this time whiles I thus attended with great weariness, much discouragement and no small expenses, I did not so much as interchange one word with any of the Scots commissioners, neither was I known to any of them by face.  
But upon our return again from our Country, to present our grievances, with several Letters to Mr. Blaxton to that purpose, we found him changed, and become our adversary, which did not a little trouble us, in respect of the interest which we conceived we had in him. But afterwards, by means of one Mrs. Glancrosse, (a gentlewoman well known to many of our friends of the Separation) after we had been in Town sundry weeks, were made known to the L. of Wariston, one of the Scottish Commissioners, who upon perusal of our several charges against those our adversaries, did promise, that he would use his endeavour to get the same presented to the House, which not many days after he did accordingly, And thus as my ends and intentions herein were real and honest, so I hope the means which I used to attain thereunto, were no wise unlawful nor indirect: But as I cannot flatter, neither give vain titles to any, so I hold it ignoble and base to be ingrateful, either by neglecting such persons or not acknowledging such favours, and the rather that they proceeded from strangers, when as my own Country men, who both of duty and by oath were bound unto us, so unworthily, so long delayed, and at last refused, so that they both neglected us, and slighted our cause and Country:  
Let others say and do what they please, as I am not ashamed to own and acknowledge favours received from my noble friends, so for my part, (as Lieut. Col. Lilburne speaking of the justice done to him by the House of Peers, saith in his book entitled, Innocency and truth justified, Pag. 75.) I am resolved to speak well of those that have done me justice, and not to doubt they will deny it me, till such time as by experience I find they do it. Sir if I had found the like timely justice from you, I would neither have had so much cause thus to complain, nor to have been so much beholden to strangers: whom the Parliament have still accounted friends: And if you for your own part, had been as tender of your friends, to whom you profess kindness, and to your Country to whom you owe duty; as I have always been, and still am ready to approve myself at all times in all faithfulness to my Country, and forwardness to promote their just cause wherewith I am entrusted, and which hath purchased no small envy of the great enemies of our country, I do verily believe that some of your suffering friends in the like condition with me who have relied so much upon you, had not been so frustrated in their expectation, and driven to so great straits as to seek that comfort which you professed, and might with ease have afforded.  
And you would have been more ready to have vouchsafed your assistance to have brought traitors and enemies to the common wealth to condign punishment, according to your several oaths, protestations, and subscriptions, and would have been ashamed that traitors ●●ould have walked at large in London streets, whilst your cordial friends their prosecutors are cast and kept by you in prison, for no other cause, wherewith they can be justly charged, but for that they stand for the laws and just liberties of this kingdom, neither would you have been so censorious to condemn that man whom the well-affected of his country have thus entrusted, and on whom they do still rely, and against whom you know nothing, but bare and groundless reports, and under hand calumniations, which no judicious, generous, nor truly honest man will believe: yet if you be not resolved against knowledge to act, or if there be any hope to recover and bring you to a right understanding of our country's cause, my earnest desire is to undeceive you, if possibly I can, and have the more enlarged myself, the better to inform you of the true state thereof.  
And I do assure you if I may have justice done me by mine own country men, I will never seek unto strangers: for it was no small grief unto me, that from none of mine own nation, I could obtain so much favour, neither by entreaties, nor recommendations, as to present the just complaints of two counties, which so much concerned the weal and safety of two kingdoms, but was driven to that extremity, even to have returned home to our own country, (which is nigh 300. miles distant) without any hope of so much as getting a petition presented to the House of Commons, if by means (under God) of the Lord of Warriston (to whom before I was never known by face) those our grievances by petition and articles had not been put up to the House▪  
By all which passages you may perceive how wickedly I am dealt with, and traduced by the friends and favourites of our and our country's enemies, so that I may truly say, that the slanders of my adversaries, is more quick than any martial law, for by them I have been arraigned, condemned, and executed all in one instant, if in a man's good name doth consist his life and honour, yourself being judge. However give me leave to tell you, if I may obtain that favour from you, as to mediate for me into the house of Commons, and in my behalf, to present unto them this petition here enclosed, to the intent my country's just cause may be put into a way of trial: And whatsoever my adversaries say, I will engage myself in the behalf of my country to prosecute the same to a full period, and make good our charge against them, or otherwise (as I have formerly offered by my letter to Mr Speaker) to undergo such penalty and punishment as by the rigour of the law may be inflicted upon me.  
And in the mean time, i would have my adversaries to understand, that I am nothing cast down, though laid and kept by their means in prison, but still relying upon God and the strength and truth of my cause, and the justice of the Parliament; am resolved, though freedom were made capital, and truth accounted never so offensive, not to relinquish nor desert the just cause of my country, but in all loyal obedience to authority, my endeavours shall be to perform that duty which I owe to my country, and discharge that trust they have committed unto me. Yea, and to my utmost power (by all lawful ways and means) according to my oath and protestation, to set myself against the factions and attempts of the adversary, in the defence of the laws and our just liberties, wherein I shall not spare to spend myself, and put to hazard whatsoever is nearest and dearest unto me, and so I wish you may account it to be your honour, whom we have honoured to choose as our trustee, to sit at the helm of this our tossed ship, in such an ocean of tempestuous waves, even to execute righteous judgement, as ye wish to come to a fair haven, and as ye labour to destroy your cruel enemies, so to protect your trusty friends, who have in all assaults and extremiteis never relinquished you, nor the common cause of this distressed kingdom: thus hoping ye will all unanimously use your best endeavours to deliver us, yourselves and the posterity from all the bondage and oppression which is now exercised over this bleeding nation, and restore us to our ancient liberties at least, which our ancestors by their blood so dearly purchased, that henceforth we may enjoy peace and truth, with the administration of justice, which is the earnest suit and fervent desire of  
Your faithful friend in all due respects John Musgrave▪  
Sir, I forgot one thing, which I desire to be cleared, which is, the Scottish wicked design (as you are pleased to term it) I pray you, if you suspect any such thing, and ye know it not fully, why do not you either ask themselves? for they are old enough: or else deal with them; for ye call them brethren, yea, and not only have solemnly sworn and covenanted with them yourselves, but urge all of this Nation under your power so to do, and therefore lay the blame on those who ought to bear it▪ but never on me, nor any of my judgement▪ because both ye, and the Scots know well enough, that we are not minded to submit to their Presbyterian government, what ever it cost us: so if that be the wicked design you mean (for neither do I know, nor I suppose themselves intends any other) you are very much mistaken in me, for I, and all of my mind, are rather adjudged to be sufferers, than any wise accounted to be actors therein, as you very well know by all our writings and practices, in which you have already condemned us, though you would never give us a fair hearing, nor convince us according to the word of God, as may appear in that little book called, The lawfulness of the Scots coming into Engl●●d, pag. 6. reas. 6. Where it is said, at the accomplishing of this blessed Reformation there intended (as both their and your ministers, the true drivers on of such wicked designs if any be, are pleased to call it) even that there shall not be a papist, separatist, nor sec●●ry any more mentioned, if this be not the meaning of that place (being paralleled both with your and their practices since, than I desire, that there might be a toleration in the one according to the word of truth, and a resolution in the other, according to equity and reason: however, go on, and do what you please, ay, and other● of my judgement will rest upon God, who will make all things work together for the best unto those that fear him▪ Farewell.  
John Musgrave.   

To the right Honourable, the Knights, Citizens, and Burgesses, of the Commons House in Parliament assembed:  
The humble Petition of John Musgrave, Gentleman, prisoner in the Fleet. Showeth,  
THat I, with one John Osmotherly, were entrusted by the Parliaments friend● the well affected party in Cumberland, and Westmoreland, to present their grievances to this honourable House, by reason of the plots and cruel oppressions of some who have formerly betrayed their trust, stirred up the King to this unnatural war, borne arms with the King to destroy this honourable Parliament, and such as stood for them, put in execution the Commission of Array, and other illegal taxes, and forced the freeborn people of this kingdom to an arbitrary government; all which persons have been declared by this present Parliament, to betraytors by the fundamental laws of this Kingdom: the Parliaments own words in the book of Declarations (fol. 260.) are these. Resolved upon the question, That whosoever shall serve or assist him (meaning the King) in the wars against his people, are traitors by the fundamental Laws of this Kingdom, and have been so adjudged by two Acts of Parliament, and aught to suffer as traitors. 11. Rich. 2. and 1. Hen. 4. But so it is, that these persons (upon the coming in of the Scottish Army, the country being reduced to the obedience of the Parliament) are now set up in the chief places of trust and command, by the Commissioners of that high and honourable Court sent into the country, by which means they are enabled to cover and protect all such as have formerly joined with them ●n these bloody wars, and to oppress the Parliaments friends, the well affected party as much now, or more, than when they were open professed enemies, bearing arms for the King.  
And I, with others, having presented our country's grievances to Mr. Richard Barw●● a Member of this honourable House, and Burges for the City of Carlisle, and to the rest of the Commissioners in the country, who sat up these men in military affair●●, and Committees for Sequestrations, and other taxes; but they affording no relief to us 〈◊〉 to the well affected of both these Counties, desired and procured me and my fellow commissioner, to present their grievances to this honourable Parliament, hoping for relief▪ according to their protestations, declarations, subscriptions, oaths, and covenants, to ease the oppressed, and punish the oppressors, where I have attended since April last, besides three months the last winter, using all lawful means that I and the other Commissioner could, both to members of this honourable House, and certain of the Committee of both Kingdoms, and diverse common council men of London to get this our country's cause put into a legal way of trial, but still being frustrated of presenting the same to this honourable House in the month of June last, by a providence, we came to be acquainted with the Scottish Commissioners, who (perceiving that the settling of those two Counties, would be for the good of both Kingdom●) undertook to assi●t us, and to deliver our grievances to this honourable House, who procured the same with their own papers, to be referred to a Committee, whereof Mr. Lisle is chairman, who laid aside all our papers, and would have examined us upon interrogatories: but we declared that we were Commissioners for the country, and had given in a charge against Mr. Richard Barwis and others, by counsel, and therefore desired that the same might be put into a way of trial: And if Mr. Rich. Barwis and others of whom we complained, should deny any thing which we have given in charge against them, that we should make it good by sufficient withesses, or else suffer according to law.  
Then the committee desired power from this Honourable House to examine us upon interrogatories▪ and if we should refuse, to commit us to prison, and so obtaining power (which they had not before) pressed us to answer interrogatories, and when we desired▪ a copy thereof, or to write the same from their own mouth, and we would answer according to law, by the advice of council, which they denied us, but still they requiring us to answer ex tempore, and we conceiving that we were not bound so to do by law, could not thereunto consent. Then report being made to this honourable House, that we refused to answer, which we did not, but in case aforesaid, this honourable House ordered me to be committed to the prison of the fleet, where I have lain these 4. months: and my fellow Commissioner being vexed by Mr. John Fisher, was committed also to prison, for a pretended debt: And after he was released by virtue of an ordinance of Parliament for securing Commissioners, and such others as did attend upon this honourable House, for presenting of country grievances, yet by the means and direction of justice Whitaker, chairman of the Committee of Examinations, the said John Osmotherly was committed again to prison in Woodstreet Counter, where he was put to great charges to free himself by a writ, of Habeas Corpus from the Chancery, where the suit is depending: but by the potency and policy of some, he was so pursued (even after he was last released) that he could not walk London streets▪ for diversity of bailiffs, who were ready awaiting upon all occasions, to arrest him, whereupon he was forced to return to his country, and the said justice Whitaker (before I was committed to the Fleet, whilst we both were to attend on that Committee, whereof Mr. Lisle is chair man) issued out his warrant to search my chamber for suspected papers against the State, and to attach my body, by virtue whereof, my chamber was searched in the night time, and myself apprehended, and brought before the Committee of Examinations, and kept under a messengers custody eight days before I could procure a discharge, and when I was brought before that Committee, th●● had nothing to lay to my charge, but did propound interrogatories (as I conceive) to ensnare me, All which practices did and do tend to the obstruction of our country business, if not to the ruin of the country itself, had not some of the Scots forces prevented the incursions of Digby and Longdale; and they that had the chiefest command in martial affairs (against whom we complain) doing nothing considerable to preserve the country, though they had command and power to have done what was needful, and many of them since my imprisonment have come to London to compound for their delinquency and treasons, paying some part of that whereof they have wronged the country, and not making any reparation to the poor oppressed people.  
Therefore my humble request is, that I may be permitted according to law, to answer, and I doubt not but to clear myself of that supposed contempt, for which I was committed, and that my country business may be put into a speedy way of trial▪ and that those whom this honourable House, according to the fundamental laws of the land have declared to betraytors, and such as kept correspondency with them, may be put upon due trial at common law, and justice no longer sold, denied, nor delayed, and that their lands and estates, according to law seized upon, and reparations made out of the same to the parties wronged, and such men as are and have been the Parliaments friends, the well affected of the country may be put in places of trust and command  
And as I am in duty bound, so shall I praise God, and pray for you.   

The Postscript▪  
Courteous Reader, thou Mayst very much wonder at the delatory and slow proceedings of the House of Commons, in doing justice and right; from whom the Commons of England may justly expect more than from any other Judicatory, being they are immediately chosen by them▪ and to 〈…〉 no more but their stewards and servants for whose good and benefit all their actions ought to be extended, and aught in honesty and right to have but one and the same interest with them, but no distinct self-interest from them: Yet by their proceedings daily, we see it is in vain to expect justice from them, so long as they are so linked and glude in factions each to other by their private interests, in their great places, which ties all such amongst them to maintain one another in all their unjust ways, and to oppress and crush as much as they are able, all the prosecuters of just and righteous things, and so to bar and stop justice that it shall have little or no progress; divers of them, and their creatures, sons, brothers, uncles, and kinsmen, and allies, in the subcommittees, having already committed so much injustice, that they are undone in their blazed honour, and ill-gotten estates, if justice should run in its native lustre, and full current, and of necessity, they and their great places would quickly be destroyed.  
O therefore that the freemen of England had but their eyes open, to see the mischief of members of the House of Commons (men of their own election & choosing to sit in the supreme Court of England) to be entangled themselves, or intermeddle with any other place whatsoever, then that whereunto their country have chosen them▪ what a shame is it to see the mercenary long gownsmen of the House of Commons, to run up and down like so many hackney petty foggars, from bar to bar in Westminster hall &c. to plead before inferior Judges, and to engross and monopolise, the greatest part of the practice of the law, from other poor lawyers, although divers of these Parliament grosses be recorders of Corporations besides, who ought in Conscience and reason to give way to their Corporations, to choose new Recorders in their places? for how is it possible that they should serve the Parliament as members thereof, and their Corporations as Recorders▪ at so many miles distance, and at one and the same time?  
And besides, how can such great practisers choose but mercinarily be engaged to help their clients over a stile, in case that ever they have to do with any of their own Committees, and what is this else, but to sell justice for money? Besides, what a snare is it to the new Judges (who are placed in the room of those that have bought, sold, and betrayed the lives, liberties, and estates of all the free denizens of England? witness their judgement in ship money &c. to see 3. or 4. eminent lawyers, members of the House of Comons, come before them in an unjust cause; when they consider, that if they should displease them▪ it partly lies in their power to turn them out of their places, being they are (as it were) wholly made Judges by the House of Commons, and nominated by the Lawyers therein.  
We profess seriously, that to pull the gowns over these mercenary men's ears, and forever to throw them out of the House of Commons, as men unfit to sit there, or to plead at any bar in England, is too little a punishment for them, the scum of mankind, and the same (we conceive) do they deserve, that are members of that House, and take upon them to sit as judges in inferior Courts, by means of which they rob the Freem●n of England of the benefit of an appeal, in case of injustice: because they have nowhere to appeal to, but the Parliament, where they sit as judges in their own cause, which is a most wicked, intolerable, and unjust thing in any judge whatsoever: We hope shortly that if these men be not ashamed of their evil herein, some honest and resolute hearted Englishman, will be so bold as publicly to post up their names as destroyers of the Kingdom.  
And as great an evil is it to the Kingdom, for members of the House of Commons, to take upon them to be fingerers and treasurers of the public money of the kingdom▪ because they are thereby in a condition to fill their own coffers, and do what wrong they please (or else how comes it to pass that so many of their children are so richly married of late, that were but mean before? and no man knows how to call them to account, unless they deal with them as the Romans sometimes dealt with their Senators, or as the Swissers dealt with their 〈◊〉▪ for the money is the kingdoms, and not the members of the House of Commons, and the Kingdom 〈◊〉 in Justice, reason, and ●ight to have a public, punctual, and particular account of it; and therefore it ought not to be in the hands, or fingers of those that are able to make so great a faction as are able to protect themselves from justice, and an exact account.  
O that that gallant man, L. G. Cromwell (to whom the Kingdom for their preservation, under God, oweth so much, would a little more deny himself, and cease to be a stalking horse, and a dangerous precedent, of most dangerous consequence, to these wicked mercenary pluralists, non residentary, great place men, for whom an hospital of any consequence cannot fail, but they must be governors of it; nor a petty place in the petty-bag office, but they must get into it: which men, if the kingdom would rightly consider it, have just cause to disclaim as none of their patrons, but proclaim as their enemies and destroyers, being only pecuniary self seekers.  
For so long as parliament men can get into their hands the riches and treasures of the Kingdom, and live like Kings and Emperors, and like lawless men, none such being of God's creation (for he never created a lawless man) there will never be an end of this Parliament, which by its everlasting continuance, by the abuses of lawless and rotten hearted men (Machiavel's sons, whose principal it is, when he would destroy a State or Kingdom, and deliver them into the hands of their enemies; to put them upon acts of injustice, oppression, and invading of the people's right, which is the only way to effect their ruin and destruction) will become the most absolute burden, and greatest oppression, that ever was upon the people: when as in times by past, it used to be their only remedy from their oppression, and oppressors.  
The thing that we wash L. G. Cromwell to consider of, is this, that he was chosen a burgess for Cambridge, to sit in Parliament, and not to be Lieut. Gen. of an Army, both which places he ought not in conscience, nor cannot in equity, honesty, and honour hold, but either must come and sit in Parliament▪ his proper place: or else he ought to advise and permit them to choose another burgess to sit in his stead; which we conceive would be the greatest and best piece of service that ever he did the Parliament or commonwealth in his life▪ (who both are in the high road way of destruction, by these mercenary pluralists, great place men) for to be a member of the House of Commons is enough to take up the whole and entire man, without deviding it, although he were five times wise than any man there appears to be: and if Cromwell would do his duty herein, their veil and precedent were taken of, and laid down, which would be for his exceeding honour and glory, and the unspeakable good of the Kingdom.  
Wherefore dear and beloved friend Mr. Musgrave, seeing God hath given you the spirit of boldness, wisdom, understanding, zeal, and courage, lay it out more fully for the good of your country, and speedily present him with a home and plain Epistle for that end, and we also entreat you to make some observations to him, upon what you will find in the 19.20.21. pages of England's birthright, and press them home to him.   

Courteous Reader▪  
At the Lord Major of London his house, the 16th. of this second month 1646. upon divers complaints made by the ministers of London, against many parishes and particular Citizens, for not payment of tithes, and after several days' disputations in free public meetings at his hall, between the plaintiffs and defendants, by themselves, and their learned counsel, and many arguments discussed on both sides, it was found at last, that howsoever th●se priests have exacted and received tithes a long time, yet altogether unjustly by the law both of God and man; for the one, Christ hath prescribed voluntary maintenance for his pastors to feed all his flocks, and for the other, that statute of the 87. of H. 8. authoriseth certain Commissioners, to 〈…〉 of tithes to the London Ministers and 〈…〉 order and decree, shall be binding to the citizens of London, in case the decree be made by such a day, and inrouled in the high Court of Chancery, but in case it be not inrouled there, it is no law, and so not binding, but Mr. Nerborow the citizen's counsel, produced to the Lord Maior, a certificate under the Registers hand, that it neither is, nor never was inrouled: and therefore the ministers may go whistle for their tithes. Next, the tithes were given to maintain those priests who read service, which none do now, because the service book is abolished, and so no work, no wages. And thirdly, Though that English mass book were yet in force, these black-coats now are not the men for whom those tithes were provided, but only such as were ordained by, and served under the Bishops: which ordination and service these Priests now have not only renounced, but quite deposed and rejected those their masters, And so if they be to seek new masters, and new work, they must also seek new wages. Yet it is my advice, and I trow will be their best course, even to work with their hands, as many better men do, and not to live idly by the sweat of other men's brows.  Psal. 141.5. Let the Righteous smite, it shall be a kindness: and let him reprove me, ●t shall be an extellent oil, which shall not break mine head: for yet my prayer also shall be in their calamities. Proverbs 27.6. faithful are the wounds of a friend, but the kisses of an enemy are deceitful▪ 
FINIS.