A true Representation of the State of the Bordering Customary Tenants in the North, under an Oppressing Landlord; humbly tendered to His Highness the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging, by their Petitions following. WHen the unhappy difference begun betwixt the late King and Parliament, one of the great Grievances by the Parliament held forth, was, The heavy oppressure which the Customary Tenants and Commons had lain under, by the unlimited, arbitrary power which the great men of the North exercised over their Tenants; and amongst all the oppressing Landlords there, none was so cruel and hardhearted as the late Lord William Howard of the North; to set forth whose Cruelty, Oppression, and Depopulation in particular, a whole volumn would not suffice: But the Parliament having broken the King's party, declined from what they pretended, and had first engaged for, and began to look upon the People with a supercelious brow, slighting their Petitions, laying heavier burdens on them than any of the former Kings had ever attempted; by which the Parliament was with ease laid aside, none lamenting for them. It was expected in the next Change of Government, we should have had change of our Taskmasters; but yet we groan under the old Oppressions: And though His Highness hath for more ease and expedition, appointed two Master of Requests to receive Petitions, yet after the manner of former Committees, they pretend excuses, and refuse to receive our Petitions. So having no other mean to have access unto his Highness, I being the Tenant's Agent and Solicitor, have published this Petition, for no other end than that the same may be made known to his Highness, and to prevent a more chargeable and fruitless attendance upon the said Masters of Requests, who so little regard us, or the honour of their Master. Other Oppressions and Grievances, and treacherous practices of our bloody Canites, I shall present shortly to view. In the mean time, we desire this Petition may come under examination; before we be constrained to lie ourselves more bore; being resolved rather with the Leppers, to perish by putting ourselves forth, than by longer silence to undo ourselves; desiring that it may not be forgotten, how it is written, He that ruleth over men aught to be just. JOHN MUSGRAVE. To His Highness, OLIVER Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging. The humble Petition of Randal Muncaster, Robert Milburne, Thomas Moses, and John Bell, and others, in the name, and on the behalf of themselves, and the rest of the ancient Customary Tenants of and in the several Manors, Lordships; & Towns of Leversdale, Cumrew, Castlecarrick, Talken, Irthington, Cumwhitton, Great Askerton, Little Askerton, East Farlam, West Farlam, Tredermain, Hayton, Fenton, How Faugh, Northskeugh, Walton-wood, Brampton, Felside, and New-bygenn; The Petitioners being in number 186, all mithin the Barony of Gilseland in the County of Cumberland. HUMBLY SHOWETH, THat your Petitioners and all and every of the said several and respective Tenants and their Ancestors, within the said several Manors, Lordships, and Towns, time without memory of man, have and do hold their several and respective Tenements, descendible from Ancestor to heir, as Customary Tenants in Tenant-right estate of Charles Howard of Neward Esq in th● said County of Cumberland Esq Lord of the said Manner's Lordships, and Towns, under certain yearly several Rents, and paying only two penny fine, or a three penny fine at the most, and never more, that is to say, two years or three years ancient rent of their Tenements, as the same fall due upon death of Lord, or upon change of Tenant by death or Alienation, doing suit of Court, performing bordor service, some on foot, some with horses at their proper costs, paying one boon or day work in harvest unto the said Lord for the time being, or four pence for the same, paying one penny called Grenehew penny, for liberty to cut and take wood growing on their respective Tenements, and paying yearly four pence at Michaelmas for land Serjeant Fee, and no other rents, moneys or services whatsoever. And your Petitioners and all other the said customary Tenants within the said several Manors, Lordships, and Towns of Hayton, Cumwhitton, Talkon, Castlecarrick, East Farlam, and West Farlam, have had time without memory of man several and certain bones, dayles, or day-works of Hay-ground, within the Forest of Breirthwait in Gilsland aforesaid, belonging to their several Tenements; to some Tenements ten dayls, or day-works, to others twenty, to some Tenements more, and to others less, paying yearly for the same for every dale, or day work three Pence: And your Petitioners who are Tenants within the Manor of Askirton, and Tenants of divers other Manors of Gilsland, and their Ancestors, have anciently used and aught to scheal & common they , from the first day of May, unto the first day of August, in a great waste of Heath and Moor ground, called the North Moor, within Askirton aforesaid, paying for the same the ancient yearly rent, 3 l. 10 s. viz. by the Tenants of Askirton 1 l. 9 s. 4 d. the demesne lands 8 s. Tredermayne 17 s. 4 d. Walton-wood 4 s. Brampton 6 s. Irthington 6 s. And your Petitioners, and all the rest of the Tenants aforesaid, aught to have of their said Lord, Timber-wood for building and repairing of their houses belonging to their respective Tenements, which said Customs, Tenors, and services, were ●ound and certified upon an Inquisition by certain Commissioners authorised for that purpose by the late Q●●en Elizabeth, the Attainder of Leonard Dacres Esq then Lord of all the said Barony, as by the Record thereof remaining in the Court of Exchequer, may appear. Your Petitioners show, that notwithstanding William Lord Howard, who after purchased all the said Manors, Lordships, and Towns from the Crown, and under whom the said Charles Howard, claims the Premises as his heir, at the time or the purchase, was, knowing of your Petitioners said ●ight, and customary Est●●es, and had in ●is purchase a very large and considerable allowance in respect of ●our Petitioners said ancient Customary Estates, the said Lord William Howard being a Papist, and a great Oppressor of his Tenants, did endeavour to break their said ancient customs, and to exact arbitrary unreasonable fines, as they b came due, did by threats and menaces to turn them out of doors, enforce sund●y of the said Tenants to pay him forty penny fines, fi ty penny fines, and often more, and others refusing to pay such fines, he enforced to leave their Lands and Tenements, and so depopulated a great part of the said Barony, since whose death, the said Charles Howard having been in actual Arms for the late King against the Parliament, as your Petitioners are informed, and doubt not to prove, against whom, and such Delinquent Landlords, the former Parliament declared to take care of such Tenants as your Petitioners be. Though your Petitioners, and the rest of the said Tenants have paid unto him already ten years Rend for their respective Fines, for confirming their said Customs and estates, and the said, Charles Howard promised them to repay what should appear thereof to be more or less than by their Customs they aught to have paid, to the sight of indifferent persons, doth endeavour to break your Petitioners said Customs, threatneth to eject them out of their said Estates, doth waste them with Suits in Law, because they will not submit to pay unreasonabl● fines, at his pleasure surrender up their Lands disclaim their Customs and become Tenants at will or loesses for years at an improved rent, to the full yearly value of their lands, and do other unreasonable services, as to carry Millstones to his Mills twenty miles, carry his Corn and Malt to and from his Mills, carry and fetch Barrels of Fish for him, and other carriages upon their own charge, from Carlisle and elsewhere; whereas none of your Petitioners are b●und to help to carry Mill stones, but the Tenants of Irthington, and that only to the Mill of Irthington; and upon the Petitione s refusal to do such unreasonable and uncustomed services, the said Charles Howard having called your Petitioners before him, would not suffer them to go out of his house but kept them as close prisoners in his house for some time, threatening not to let them go at liberty without paying two twenty p●n● fines, or 4 years' Rent, and now vexes your Petitioners with suits in the County Courts, where they cannot have any com●●on ri ht; others of them by ejectment, he su●s at law for their T●nem●nts and with high D ●r & ga●● which be keeps in excessive numbs s, ●e dest●o●●s ●o●● Petitioners 〈◊〉 & corn to the Petitioners utter ruin and the said Charles Howard hath by strong hand taken from you Petitioners their aid bounds and dales of Hay ground in the said Forest of B●eirthwait, and will not suffer them to scheal or common their ca●tell in the said North moor at the commonable times aforesaid and re●useth to admit your Petitioners Tenants in his Courts, as of right he aught to do, and denieth to allow your Petitioners any timber wood for building or repairing their houses, and the said Mr. Howard hath entered unto s●me of your Petitioners customary estates without colour or title in Law, and the more to oppress and vex your Petitioners, the said Charles Howard, doth employ Captain Robert Coulsey, and Thomas Jackson, two notorious Delinquents, having been in actual Arms against the Parliament, as his Steward and Clark over all the said Barony and Courts within the same, who drives your Petitioners goods, and Impounds them at their pleasure, for refusing to do the said unreasonable services; and the said Coulsey hath by force taken from your Petitioner Randal Muncaster and others the Parishioners of Irthington aforesaid, their ancient Seats belonging to their Tenements in Irthington Church; and the said Charles Howard, will not suffer your Petitioners to keep a gun for the safeguard of the houses in the night time against the Mosse-Troopers or other enemies. Now for as much as the aforesaid matters, do concern many hundreds of poor Tenants, and if the same should proceed at law would be a cause of very many needless, endless, and vexatious suit at Law; besides your Petitioners cannot expect any equal trial in regard of the great potency and power of the said Charles Howard, and for the chancery they are hopeless of relief there; other Tenants being under the like oppressions by their Landlords after long and chargeable suits, and attendances in chancery, for settling their customary estates against their Landlords upon hearing of their causes in chancery, have had the same dismissed again to Law, where commonly the Tenants are overthrown, most of the Judges for the N rthern circuits, being either great Landlords themselves, and some of them often of counsels against the Tenants, at the Bars of Justice in Westminster-hall, so as your poor Petitioners without the Favour, Justice, and Assistance of your Highness, are destitute of all means to free themselves of the said heavy and great grievances they lie under, and must be forced to leave their lands and habitations, to the will and pleasure of their said Landlord, as many of their Ancestors and poor Tenants within the said Barony, have of latter years been constrained to do. Your Petitioners therefore humbly pray your Highness, to call the said Charles Howard before your Highness, to answer the Premises aforesaid; for the love of Justice to Commiserate your Petitioners disconsolate condition, with respect had of your p or Petitioners wives & children, & in regard your Petitioners, are by reason of their poverty, and great losses by the Scots in the late Wars, and great taxes they are compelled to pay to the said Mr. Howard, under colour of suppressing Moss. Troopers, which others of the County refuse to pay, are utterly unabled to contend with such a great person as their Landlord in Suits at Law. Your Highness will be favourably pleased to examine the truth of the Premises; and that your Petitioners may not be left to the will of their said Landlord, seeking to destroy their ancient Customs. And that your Highness will as you see cause, according to Justice, ascertain their ●ines, and confirm their ancient Rights, and Customs, and free them of the said unwarrantable Taxes, wherewith the said Mr Howard compels them to pay, whereby they may be the better enabled to serve your Highness and the Commonwealth, against the common enemy, as occasion shall be offered, and as their Ancestors have upon those borders formerly done. And what your Highness shall please to Order, upon hearing of the Cause, they will submit unto, and bless God for your Highness. And ever pray, etc. Published by John Musgrave. FINIS.