A fourth word to the wise, OR A plain discovery of England's misery, and how the fame may be redressed; set forth in a Letter written by a Prisoner in the Fleet to Commissary General Ireton, and published by a friend of his and lover of his Country for England's good.  
PLutarch relates, that a certain poor old woman often petitioning King Philip of Macedon to have her cause heard; the King at length gave her this answer, that he was not at leisure, she instantly replied noli itaque Reguari, do not then reign: Which speech the King admiring forthwith not only heard her cause and complaint, but of many others in his proper person. O that our house of Commons would imitate Philip the heathen, and no longer put us off to partial and justice-delaying, I had almost said justice-perverting Committees! Much and long have I solicited all such as sit in the house in the right of our Country, except yourself who hath been long a Nonresident, to present my Country's grievances and complaints, and to have them put in away of trial; But they not only tell me that they have no leisure, but that they will not, to their shame be it spoken, The heathen will Judge them, Nay they were not only the chief instruments of getting me cast into prison, fearing I should by some other hand bring on my Country's cause to hearing: but most perfidiously they have got such in authority with us, as are notorious Delinquents declared traitors, not yet compounded for their treasons (for treasons be now made saleable, and but amony matter) though they profess to favour honest men hear, and such as be called Independants; Yet when I got such men of approved and known integrity, to be a Sub-Committee for accounts for Westm●rland and Cumberland; they procured them upon a false certificate to be put out of Commission, and others to be in their stead, as were delinquents and profess enemies to all honest men, and in particular to Independants, Nay they got Commissions for Oyre and Terminer, and Goal delivery for our Country; but not one of the Commissioners therein named living in our Country, other then Delinquents, and against whom whom there be several charges of high nature, two years ago exhibited to the House of Commons; which we have much laboured to bring to exammination, but cannot g●● it done; Yet have they been so countenanced, and borne out by th● Lord Wharton, Sir Wilfride Ermyn, Mr. Blackston, and some others I coul● name as Sir Willfride Lawson, was continued high Shrieve for the mo●● part of the last two years; who hath more tira-nized and exercised 〈◊〉 greater arbitrary power, committed fare greater insolences and ounage● then ever the Earl of Stafford did in this Kingdom or Ireland di●, Not t● speak● of his late committing men to prison for not conforming to Stat● worship, neither how he and other Justices caused to be indicted 3● persons, the Parliaments cordial friends at Midsummer Sessions last, fo● not repairing to the steeple houses and book of Common-prayer, M. Briscoe the Lord wharton's learned Steward his now bosom friend, and by him preferred to be a Justice of peace, Deputy Lieviennant Committe● man and Commissioner of Oyre and Terminer; Yet while the Count●● was in the enemy's hands, the Gentleman joined with the enemy, to●●● an Oath of obedience to the Commissioners of Array, and sent out ho●●● and Arms against the Parliament. At Midsummer Sessions last, he very learnedly discoursed in his charge, how there were a new kind of Recusant● worse than Papists, (for indeed Papists he protects) and not one Papist troubled for his Religion there Meaning the separatists and Independants, and that they were the cause of all these troubles, and the enemies of the Kingdom, whereupon the poor pe●ple were indicted: This is the bestoffice the Lord Wharton ever did for us: I know many here have a good opinion of the Lord Wharton, and the rather for that he hath brought you, Mr. Laurence, and Mr. Sallaway into the house; Indeed you have been for the greatest part absent, so we could not expect much from you: neither could we well inform you of the true state of our Country; but Mr. Laurence and Mr. Sallaway have both of them been with me; yet did me nor my Country no good, them I acquainted how the Lord Wharton had used us. I told them how I got our Papers presented to the House by the Scots Commissioners mean s, which I did with Mr. Rigby our kind friend his approbation and good liking, who had conference with the Scots Commissioners about our business, and for a good compliance betwixt them and us, for the further quiet and ease of honest men in our pa●s; which had in all likelihood been brought about, had not Mr. Blackston abused our friends in the house, by misinformation, in making our friends believe, Mr. Borwis was Independent and Scottish, and that I carried one the Scottish design, which was false, though I acknowledge I was beholding to some of the Scots Commissioners for courtesies received, all which is since clearly manifested; For no sooner was I cast into prison, but Mr. Barwis thinking to make the Scots in 〈◊〉 base way, his friends upon a certificate from Lawson, Brisco, and ●●e rest of the Committee against the Church in Cumberland, complained to the Northern Commit here, that in the beginning of the Parliament their was but two Sectaries: meaning Mr. Crackanthrop and myself; 〈◊〉 we were increased to a hundred, did preach in Private-houses, refu●●d to Baptism our children and made their ministry contemptible, and if ●e were suffered would grow to greater numbers, desiring some order for ●●●ressing us; But having no countenance from the Committee, and re●●●ving a check by some Parliament man, went away in chafe much 〈◊〉; saying, though he could not then be heard, time would come he doubted not but to have us all suppressed. I, think Colonel Liburne 〈◊〉 then present, he can tell you the particular passages; For Lieutenant Colonel Lilburne his brother was the man that told it me. I further told 〈◊〉. Laurence, how Mr. Prinne upon sight of the Scotch Papers given into ●●e House, very ready procured at my instance a Commission to honest ●●●●oved men, all or most of them Independents, to be a Sub-Committee of ●●●●●pts for Westmoreland and Cumberland, not one I named being either ●●●●quent, accountable, or persecuter, yet all of them sufficient men for 〈◊〉 employment, and of considerable estates, myself being one of the ●●●nest, that same being put upon me by Mr. Prinne undeserved. Yet 〈◊〉 Lord Wharton did under his hand certify to the Grand-Committee 〈◊〉 accounts here, that the men were of no estates and of so mean equality, as they could neither write, no raed, nor cast up an account; Whereupon our Commission was revoked. And upon the like false certificat●●●om the Lord Wharton and Sir William Ermyn, others oppointed in o●●●●●●d, who were notorious Delinquents and themselves accountable, and 〈◊〉 disabled by Ordnance of Parliament to be of that Committee; Thus the Parliament was abused, and our Country wronged, I dare really say or Country was damnified 10 thousand pounds: and the Parliament lost thereby a hundreed thousand pounds. Herein the Lord Wharton did a double wrong to us and the State. First, in putting out honest men, and commending and putting in Commission Knaves and Traitors. Thus while the Lord Wharton would seem a Saint, he verefies the old proverb: the white Devil is most dangerous. The Lord Wharton being in the Country, Mr. Crackanthrop was commended to him, and put in the last for the standing Committee, but he put him out, Saying, he was an Independent, and non Covenanter. Thus he plays Machevill, and Janu● like, here Independent saith, but in the North an opposite and Presbyter; but to get out the Commissions of Oyre and Terminer, and Goal delivery 〈◊〉 our Country, the Commissioners therein na-med living in our Country potorious Delinquents, and professed enemies to all honest men, and and persecuters of Independants he was very active. If you doubt of this, the Clerk of the Crown Office will better and further satisfy you therein; the Lord Wharton, Mr. Allen and Mr. Laurence, for you were absent before the Commissions were sealed or given out, were desired to prevent or stay them, and acquainted with the exceptions given in to Mr. Speaker, and your father in law L. G. against them. Yet they did pass● and so now, the declared Traitors have power over life and death: 〈◊〉 thing the King never did before the Wars begun. Now I acquainted Mr. Lawience (but he sits upon the pinnacle of the Temple) and the Lord Wharton, how the Committee of Cumberland being Delinquents, had 〈◊〉 on Garth their Solicitor and Agent, much countenanced by the Lord Wharton and Barwis, which Garth is a Delinquent and a poor shuffling Attorney, and a professed enemy to all honest men. Yet this fellow is allowed by the Committee 100 l. per annum, for waiting here and stopping all complaints against the Committee, but the poor Country p●ies for all. All this I am able to prove, and herewith I acquainted the Lord Wharton. Your Father in law in your absence promised to do much for us, but did nothing; many letters I wrote to him, I could wish he now act not against us, if he do, it may prove, his own destruction, 2500. l. per annum given him, will not bear him out, when his friends▪ be cut off, I have used all means possible t bring our Country's cause to try all, but by Mr. Laurence, Mr. Allen, Mr O. Salloway, and Lord Wharton failing us, and their double-dealing, I have laboured but in vain; therefore, I say to you, and as many as sit in the House, in right of our Country, even a● the old woman said to King Philip, if you have not leisure, or will no● present our just Complaints and Petitions, come forth, and sit no longe● there for our Country.  
One thing I had almost passed by, in reference to the Lord Wharton, 〈◊〉 thing worthy your observation, a poor woman of our Country, having been at London about Law suits, upon her return home, at the instance & complaint of Henry and james Pearson, two Delinquents, brothers & Attorneys, was carried with her husband before Sir Wil Lawson, a Commissioner of Array, and by his direction the woman was bound in a Care laid on her back, with her head and face upwards under the horse tail, & the horse forced to gallop with her, to the endangering her life; and before they put her in prison, stripped her to her smock; and after Sir Wilford Lawson gave direction to lay Irons upon her; and all this, for no other cause, then that she was (as they pretended) an Intelligencer for the Parliament, and for searching her for Parliaments papers: Yet my L. Wharton so pitiful he is to the poor, and regardful of his Oath and Covenant 〈◊〉 ●●ch talked of, as he will not present her Petition to the house of Lords, telling her, he can give her no encouragement to petition, though M. Bradshaw 〈◊〉 Lawyer did entreat him to do it.  
Now consider our condition, I assure you, the whole Militia and authority in our Country, are settled in the hands of professed Enemies, & known Delinquents, not one that hath been faithful to the Parliament, or is a lo●●r of his Country, hath any command or office with us. Therefore, if you ●●band your Forces before these Newtrals and Delinquents, and great oppressors be removed and secured, we are betrayed by you, and may say, you purposely gave us up into the hand of the Enemy, having made first what you could out of us yourselves.  
For if this Army were broken, which under God is the strength of the Kingdom, in one month the Enemy without any difficulty may possess themselves of the whole North, and doubtless will do it; the Irish may ●●d with us in 11 hours, premoniti, praemuniti. You see of late how we have 〈◊〉 enthralled, under the name of Conformity persecuted, and under notion of a privilege, a new kind of tyramie set up, It belongs to wise men to ●●●e-see and prevent a mischief before it happens, and it is the reward of 〈◊〉 unhappy, and fools, to lament it to late, when woe is come upon them; the medicine and physic that is ministered out of season, is killing & works 〈◊〉 to the benefit of the Patient; the counsel is without fruit that comes af●●● the fact, and it will be to late to apply the remedy after the evil be fallen upon us: where tyrants turn their authority to oppress: and destroy innocents', to hold up arms for our own● safety, can be no breach of obedience.  
If you wish our Country's welfare indeed, & be the men you profess, & be not carried away with ambitious and covetous desires of honour and riches, and under shadow of the weal and benefit public respecting-selfe, and particular interests, making Religion and Liberty a cloak to your greatness and own profit, you will not expect and temporize till we be brought to the last extremity, for then our recourse to remedies will be to late, and we shall stand fond to lament the harm and mischief which we might have easily before avoided. It is to late to provoke to vomit, when the poison hath pierced the bones.  
Therefore, gird up your loins like men of resolution, and do not forbear while you have time and opportunity to provide for the safety of yourselves ●nd Country, be not curious in conscience, to defend and stand for law, liberty, and justice, than which you cannot offer to God a temporal sacrifice, ●●re acceptable & worthy. Pulcrum est pro patria mort, the Heathen could ●●, be wise, it's said, the English be, ●agis a●mi poten●es q●am politici, when William the Conqueror, contrary to his oath, begun to oppress the English, and would have brought them under the yoke of the Norman law, the English counting the same no other than their fetters, sought to cast them off, made gatherings, were fully resolved to make their sword their Judge, if the King would not confirm their liberties, the King by his Spials understanding the increase of their powers, & knowing to his restless trouble, the subjectiō of the English to slavery, being a very politic fair spoken Prince, did wind himself into their good opinious so far, as they laid down their arms, and he for his part, fearing to lose the Crown with shame, which he had got with effusion of so much blood, gave his oath to observe, and inviolaby to keep the ancient laws of the Land, especially the laws of King Edward the Confessor, which as the event proved, he little meant to do it.  
Peace being thus established, and the King's oath received, the English Armies disband themselves, as dreaming they had arrived at the haven of their wished desires, and hoping the greatest storms of their dangers had been over and past, which presently proved but a dream indeed, a vain surmise. For KiWilliam working upon advantage, began extremely to hate the Rebels (so were they then called that affected liberty) and with full resolution of their distraction, suddenly set upon them apart, which he durst not do, being united and in a body: So that slaying many, imprisoning others, and persecuting all with fire and sword, well was he that could first be gone. K. Stephen (his son) used the like policy to confirm the English unto him, against his elder brother Robert of Normandy, promising he would reform the overheard laws of his Predecessors, and mollify the extremes thereof to the people's own liking, under his Seal and Charter, and by his Charter did a on firm and restore the ancient laws; but those immunities (saith my Author) he granted rather to clear their eyes, then with any purpose to manacle his own hands with such parchment chains: much like hath ever been the event & success of Court wars, where the making of new parties & factions, without destruction of old friends, we cannot be received, & trusted by old Enemies: These, say the French, be the blows of the old art of fencing, at this Game England is become very skilful, and is not to learn. For how often hath Magna Charta, by Oaths, by Kings, by Parliaments, been confirmed, but what fruit have the people over received thereby? how many bloody battles have been of late fought crowned with victory, for regaining England's liberties?  
But after all this, are we the more free, Never more Oaths, Vows, Protestations, and Covenants have been contrived, made, and taken, for doing impartial Justice, and bringing the Enemies to condign punishment, yet the out-cries for justice never so loud so long: oppressions, exactions, and boldness to offend so never great, so general. We are made more miserable and wretched, in seeking and waiting for Justice, then by the Enemy in oppressing and destroying: illegal commitments, and long imprisonments of the High-Commission, Scar-chamber, and Council-table, 
Sir Peter Temple a Parliament man did most cruelly beat one for ask 25. l. which he owed him f r Oats for his horses, but as yet none other payment than blows hath the honest man had.  were never so many so frequent, as by our Lords and Committees of late, betwixt Prorogative and Privilege, we are broken as Corn in a Mill; yet I confess, never did I hear, the King did ever beat or assault any for demand of a just debt, as some Parliament men have done their poor Creditors, for ask, or rather petitioning for their own, as for the capital Enemies of the Kingdom, Villainous of our laws, perverters of justice, and destroyers of our liberties, and such as have been declared Traitors, or so fare from being brought to the ●eate of Justice, as that they are not only permitted to walk in Westminter Hill in their silks, but are preferred to the highest places of honour, command and au hority in the Commonwealth, though we have our ●●●ses, chambers, and studies broken up, and searched for pre●e●ded Pamphets, books and writings and ourselves, and wives, and servants, cast 〈◊〉 prison, before any legal charge or conviction; yet cannot we be heard against the common Enemies of the Kingdom, nor have them ●●ought in to answer, our legal charges exhibited against them confess, lybelling against any private person, or against a Magistrate, or other pub●●●e person, is a great offence, & deserves severe punishment. For though the Libel be but against one, yet doth the same provoke all of the same ●●●●ly, kindred or society to revenge, and so consequently causes quar●●s, breach of peace, and oftentimes much blood shed, and other great inconveniencies, if the Libel be against a Magistrate, or o●her public person the offence is the grea●er.  

But ballad mongers take liberty to sing Lybels' against King & Parliament in open streets yet unquestioned  For, as learned Cook saith, that concerneth not only the breach of peace, but is a scandal of the government.  
For, saith Cook, What greater scandal of the government can there be, th●n to have wicked and corrupt Magistrates to be appointed and deputed to govern the people, greater imputation to the State cannot be, then to suffer such corrupt men to sit in the sacred Seat of Justice, or to have any meddling in or concerning the administration of Justice. Therefore it is not to the purpose (saith Cook) whether the Lybel be true, or the party against whom it is made be of good fame, or evil, for in a fettled State of Government, the party grieved aught to complain of the injury or wrong done in an ordinary course of Law, and by no means to revenge himself, especially by that odious course of Lybelling, that passionate expression on of job the Mirror of patience, 
But in Parliament time men have no other way to make known their grivances when petitions be rejected, but by publishing the same in print. By Lawsons' indirect means being then high Sheriff and H. Pearson his under Sheriff a Delinquent, sir Wil Armyns son was returned Sheriff of the Shire for Cumberland.  when he was libelled against, may she how forceable libelling is to provoke impatience, and make contention and stir up strife, they were, saith the children of fooles, yea children 〈◊〉 base men, they were viler than the earth, and now I am there song, yea, 〈◊〉 am there by word, job 30. v. 8. & 9 out of this moral consideration the Romans, made an excellent Law for preventing this manner of lybelling, 〈◊〉 odicus to all men, and pernicious to the State, that without any danger, ●ven one of Rome's Senate, might be accused by any private man, and if h●● proved the charge, he received a reward: otherwise severely punished. B●● the defamer or lybeller was to be banished, by which law of liberty lo●● the Roman State flourished.  
But for want of this liberty, from libelling the Republic of Fl●renc● fell into factions, and soon was its ruin, felix quem faciunt aliena patise la cautum, such a law to England would be profitable, if duly executed but alas! through the prevalency and potency of some in authority, is become now less dangerous to act the treason, then to discover, or accuse the traitor.  
For instance, Sir William Armyn who hath by indirect, means an illegal choice, got his son, a beard less boy, to be brought into the honou●rable House of Commons, was so bold, as to tell Lieut. Col. Beacker, th●● if he appeared or acted against that grand traitor Lawson, it would unde● him, hinder his preferment, and thereby lose all his friends in the Hou●● of Commons.  
And Mr. Barris a Member of your House, sent his man into our Cou●trey, and caused by him or through his means to be read in public assemblies, that whosoever would deny their subscriptions with us against Lawson, should not be punished. I know a Yorkshire Gentleman that wa●ted upon the House of Commons more than half a year, with a charge 〈◊〉 discovery of the treasonable practices, and great oppressions of Mr. Th●● the Lawyer, amongst many other his wicked practices against the Parliament and his Country: this Lawyer, first by persuasion, then by threat attempted to have got Sir john Hotham to betray his trust, and to her delivered up Hull to the King's party.  
But upon Sir john's refusal, Mr. Thorpe caused that then deserving Gentleman (that Sir I. H. had retained still his integrity) to be proclaimed Traitor by a Harrolds at Arms, but not a Yorkshire Gentleman of th● House would present the same, now Mr. Thorpe is a Parliament man, 〈◊〉 in the House of Commons in that great Council unquestioned, untried no man may sit in your House unless he take your Covenant, but if Covenant-breakers were put to death, as of old in Israel many of the great ●●ge● thereof would not escape, in all this I blame not the House but some ●●rupted Members thereof that falsyfie and betray their trust, and as much as in them lies, seek the destruction of that House and their Country, it ●●reth with that honourable house, as of old with King Antiochus, who being hunting on a time in pursule of his game, he strayed from his company and Courtiers, and so was enforced to take up a poor man's Cottage for his Inn, as the King sat at supper with his Country Host, and his poor people, he began to discourse with them concerning the King's government: whereupon the poor people replied, that Antiochus was of himself a very good King, but he committed the managing of his affairs as his friends and Courtiers, who were ill men; himself mean while out of his overmuch love to hunting, negligently omitted necessary things, whereby his people were oppressed, and things ill governed, the King for that time held his prace; but the next morning when his Guard and Courtiers had found him out at the Cottage, bringing him his purple Robe and Crown, the King thereupon said to his Courtiers, from the ●y I first received my Crown, I never heard true speech of myself be●●● yesterday; if that honourable house did h●●e what the poors of the ●●●ntry, yea, and in all other parts speak of them, they would say no other 〈◊〉 Antiochus did, and would follow the advice of Th●opom●us, who being demanded by what means a King might safely hold his Kingdom, replied, if he gave his friends free liberty of speech, and avenge the i●●●●ies and wrongs done his people, for that the latter can never be well performed without granting of the former.  
Now the King's friends be those, & no other, of what sect or religion soever they be, & indeed none can be enemies to the Parliament, whether Covenantors or non-covenantors, Presbyterians or Independents, so they be friends to peace, and lovers of justice and their country, from this cousideration I could wish our honourable Parliament Lords and Commons, ●●o are semented together into one body, would with An●●nine, that good Emperor, allow free exercise of Religion to their friends, as the wise and now flourishing States of the Netherlands do, and in doing justice impartially (for Justice now of late stands a far of) and is become a ●●●anger in our Land, would imitate Rome's liberty, testore Brutus who for ●is people's safety and preserving their liberties, choosed his own two 〈◊〉, with some other Nobles, for affecting tyranny, and attempting to in●●● the people to their lawless wills, publicly to be whipped in the Mar●●● place, & then to be brought to the block, & beheaded, the like exemplary justice King Alfred, within this Kingdom did, he not only provided for good Laws, but took care for the better ordering and due administration of justice, to have the same exactly observed: in one year h●●● put to death 44 wicked and corrupt Judges, for their false judgements, the fruits whereof was such as notwithstanding multituds of soldiers were continually employed, yet it is recorded, that in his days a Virgin might have traveled along through all his Dominions, without any violence offered her, and that bracelets of gold were hanged in the highways, and no man so bold as to take them away, yet then theft was not punished with death: the chief Justice of the King's Bench in King H. 4. his time, faithfully and as an honest Judge, discharged his place, when he spared not to commit the Prince for a Riot to prison, no privilege or protection was then pleaded, however not allowed: Hereas was the King displeased? nay he much rejoiced, in that he had a Son so obedient to his Laws, and a Judge so upright and bold, in administering of Justice without fear or favour.  
But Justice Bacon, who now supplies that place, the other day did ●●●re otherwise, he being petitioned unto by my country woman Mary Bl●●thwaite, whom I mentioned before, to be admitted into Forma Pu●●●●, would not allow her to sue Sir Willifrid Lawson, because a great man, and then high Sheriff of Cumberland, But against some mean ones, who earryed her to prison upon Sir Willfred Lawsons' warrant, he allowed her to proceed and prosecute.  
This nothing agreeeh with the Oath of a Judge, but if our corrupt Judges had received from our Parliament the like punishments for the● false judgements for Ship-money, as Siz●●●us did from Cambyses, such as succeeded in their places would have been more careful and conscious in the discharge of their duty: for I read that Cambyses caused this Sizamnus, being one of his Judges to be flaid alive, for an unjust judgement given by him, and his skin to be hung up over the judgement Seat; after which he bestowing the Father's office on the son, willed him to remember, that the same partiality deserved the same judgement.  
Let Judges and Justices escape with fining, it will not much trouble them, a part of their illgotten wealth will not only discharge the same, but soon restate them in their old places: for most of them were mercenary men before they were made Judges, and laws or distinctions they ever have in store to please Kings, & satisfy States and times, though never so corrupted. While I was writing this my letter, Judge jenkin's Vindication was brought unto me, wherein he condemns, and would annihilate the whole proceed, Orders and Ordinances of this present Parliament ever since the King's departure as illegal, and not binding for want of the King's consent. I and if God permit, to set forth and discover the vanity and wickedness ●●●eof at large; for the present I desire him to read the Abusions of the ●●●mon Law written by Andrew Horn in the time of King Edward the 〈◊〉, in his mirror of Justice: The first and chief Abusion of the law, 〈◊〉 Horn an approved Authout) is, that the King is set above the Law, ●●●eas he ought to be subject to it, as it contained in his oath. I would ●●ly then know of Judge Jenkins, if the King be under and subject to the law, how he or any other is to be proceeded against for transgressing the law where his consent is not, if the same be necessary, as the cause sins 〈◊〉 ●on: With Horn, Judge Fortescue afterwards Chancellor to King ●●●ry 6. agreeth, who telleth us that England is a kingdom political, and saith, Adtutelam legis subditorum & corum co●porum Rex est erectus, & h●●● prestatem à populo effluxam ipse habet, quo ei non licet potestate alia suo popula ●●●nari Forteseue folio 32. The King is made for the defence of the law of is subjects, and of their bodies and goods, whereunto he receiveth the power of his people; so as he cannot govern his people by any other power. Then he tells you how the Kings of Egypt first lived, not after the licenti●●● manner of after Kings; but keep themselves as private persons in subjection to the law, as also did the Ethyopian King's order their lives according to the laws, assigning neither reward nor punishment otherwise then law apppointed. And with Fortescue concur the two great Maxims of the Common law, often cited by Cook, and other Sages of the Law. 1. The Common law hath so admeasured the King's prerogative, that it cannot take may the inheritance of any. 2. Nihil tam proprium est imperti, quam legil●● vivere: There is nothing so proper to ruling, as to live by laws.  
Now if the body politic, which is the people, or the representative body the Parliament, could not without the King's consent act, then by his prerogative he might hinder the due execution of the law, contrary to the first approved Maxim, the statute law confirmeth the same, Marl. Br. chap. 5.52. Hen. 3. Magna Charta. In singulis teneatur tam in his quae ad Regem partinent quam ●lies, Magna shall be holden for good as well in those things that appertain to the King, as to others: So as all pretence of prerogative against the execution of the law, or administration of justice, is taken away. And indeed it may be said the people give laws to the King, but the King cannot give any law to the people without their consent; so as Regality in itself is good, and for the good of the people; and what ill custom or ●●d laws are brought in, the same be by our own default, and not the Kings: for the people are the lawmakers. The next Abusion of the law that Horn citys, is, that we have not a Parliament every half year, that is to say, Parliament men changed and elected anew, and no strangers but resents, according to the Common and Statute law: which done, would prevent much faction, oppression, partiality and injustice. I may add a third abuse, as the King by his prerogative imprisoned, so for the Parliament whether by Lords or Commons, to imprison before the party be brought to their Bar, unless for want of Bail, is against the common law: for by the common law before conviction, no man having bail may be imprisoned either for Felony or Treasonn, Cook 2. part. Instit. fol. 189. And so the same is a disfranchizing of the Subject of his  and Birthright: And however it cannot be justified to keep any in prison longer than the next Goal-delivery after the party be committed. Herein Scotland is praiseworthy; no Prisoner there longer detained for debt, than one year, and to be provided for at the Plaintiffs charge, if the prisoner be not able to maintain himself, and no prisoner for any contempt or felony beyond the next ordinary Sessions, which is commonly every quarter of a year, and sometimes oftener: There wants nothing to make that people happy, but a free toleration of exercise of religion, whereby every man may serve God in the way he is persuaded is most approvable, and not be compelled to live by another's, or a blind and implicit faith Romanist-like, they have there laws pleaded and recorded in their own native tongue and no such delay of justice, nor the like, excessive, and exorbitant fees as with us, for indeed though it be said in our law, we will sell justice to no man; yet have we neither process nor proceed recorded, but in an unknown tongue, and bought at a dear ra●e, oftentimes driven to spend more in one Term, besides our travel, than the thing in question is worth.  
But no more of this subject for the present, I will return again to speak a little concerning myself, and so I have done,  
Sir, I have been here a prisoner this 18. months, and was committed upon a fa●se report, as refusing to answer interrogatories, since the Speaker presented my Petition, and procured it to be committed, though never yet taken into examination by the Committee is 18. months, a thing never heard of before, that a Parliament Committee, whereof there be 29. Parliament men in 18 months not to meet together, about a business of so great and general concernment, not one man that sits in the House in the right of our Country, once in all that time to speak one word in our Country's behalf, nor do me the favour as to present a petition for me, unless I would decline, and betray my Country's cause, which if I would have done, sundry of them, and others of the house; whom I can name, would not only have undertaken the presenting of my petition, but likewise promised me to procute me my liberty, there names I will forbear for the present to mention, for I take no pleasure to discover their shame, unless they force me to it: but this I may say, and truly our case and condition now, is as b●d as the Britons were of old, when they writ to Action the Roman, thus to Actius thrice Consul, the Sighs of the Britons, the barbarous enemy bo●tes us to the Sea, the Sea beats us back to the enemy, we are either murdered or drowned I leave the application to you, and say no more but this, if you will present this my petition to the house, procure us justice, and an impar●iall & speedy trial, upon the hazard of my life, I will undertake to prove our charge, and make good what I writ, having said nothing either for contention or ostentation, but for necessity and justice, in testimony whereof he subscribes his name, who is yours, if you will honestly discharge your place and trust for our Country, by which you have the honour to sit in the highest Judicature in the Kingdom.  
JOHN MUSGRAVE. Fleet Prison the 5. Month, called Moy the 6. 1647. and the 10. day of the 19 Month of my imprisonment for Country's cause and freedom.   

POSTSCRIPT.  
SInce I was committed to this P●ison, I could never obtain that favour to go into the Town, yea, not with a keeper, either for my health's sake, or about my own or mother's business, who is so sore oppressed by our Country Committee with us, as out of 200. l. a year, she hath not received 20. l. this three years, and for 20. l. a year, I nor mine have not had 40. s. since I came into this Prison, the King gave noble allowances to his prisoners, though men of good estates, to some 3 l. a week, who have since had for their imprisonment 5000 l a wan from the Parliament: But they are Parliament men, but we your p●●r prisoners, though we have done better service for you, than some of those to when you give thousands, and have committed nothing deserving this our imprisonment; yet cannot have so much favour from you as common justice, which you allow to Rogues, Thiefs, and Murderers in N●wgate every Session to wit, a legal trial, which we have petitioned for, and cannot have it, you are so far from giving us reparations for our lo●●es and plu●ders we have sustained, for maintaining your cause, as you put us to that extremity as to make 〈◊〉 poor prisoners, pay Excise for the s●●●lest c●p of be●re we drink, for the old was raising many by subsedge, and not by Country, than the rich would bear their equal burden, wh●re now the poor paye● the greatest s●●● to maintain you in your silks and fattens, Satan-like.  
But for Traitors, upon Mr. Knightleyes' ticket, they can have liberty to go abroad, without any keeper; not only to go abroad into the Town, but also to go into the Country. Nay, I can name some prisoners committed for treason, and exempted from pardon in the Propositions sent to the King, upon their word, have liberty to go abroad, yea to reside at their own dwelling houses. Whether this be not the height of Arbytrary power, or no, consider? and how this agreeth with your Covenant so much urged, I know not; and what encouragement this may be for us, or any honest man that is not mercenary, or a dependant upon some of you, to spend our estates, and venture our lives for you in the future, as formerly we have done, let God and the World judge.  
J. M.   

The deplorable condition of john Musgrave, Commissioner for the well-aff●●cted party in Cumberland Westmoreland, presented to the Honourable House of Commons assembled in Parliament.  
MAY it please you to consider, what obstructions I have met with in attending this Honourable House, in presenting my consciences grievances, since April 1645. besides 13. week's attendance, the winter before, using what lawful means possibly I could to present my Country's oppressions to this house, under those that were set in Authority over our Country for the Parliament, most of them having been before very active, or in office for the King against the Parliament. At length Mr. Blackstone did undertake to present the same, which he did afterwards present to the House, and was by the House committed after I was gone down into the Country, having waited for presenting them 13. weeks as aforesaid, then told he some friends of mine here in the Town, what he had done, they might send me word that our business wanted but a man to follow it, And in April following, 1645. I came to Town with Mr. Osmotherley, a Commissioner with me, appointed by the well-affected of Cumberland and Westmoreland, hoping to have had audience, and not doubting to have our grievances redressed? but when we came to London, Mr. Blackstone deserted us, and denied what he had done for us, but we having got the order for committing our former Charge, after our grievances were read at the Committee, and reported to the House, Mr. Blackstone upon his motion in the House, procured an order to have the Charge delivered back to me, which was done accordingly by Sir Thomas Withrington, Chaireman of that Committee: then we sought all means we could to present our Country's grievances by other Members but could not get them presented: afterwards we fell acquainted with the Scots Commissioners, who soon procured them to be presented with their papers to their Honourable House in july following, and by the House was then referred to a Committee for the Scots papers, whereof Mr. Lisley was Chaireman, that they might examine our papers together with the Scots papers given in against M. Bar●is and others of whom we complained, but the Committee laid our papers aside, refusing to receive them before they had examined us upon interrogatories, to some of them we then answered, (being then ignorant of our liberty) having not seen● the order of the House. The next day that the Commits sat, they would have proceeded in examining us, before they would receive our papers, but we having then the order of the House (which we had not before) the same being to receive our papers, and not to examine us upon interrogatories, we then replied, that the order of the House was to receive our papers which we desired they would, and if they would put ou● business in a way of trial we offered to make good our Charge against Mr. Barwis and others of whom we complained, or according to law to suffer punishment, The Committee having read our papers, moved the House to enable them with authority to examine us upon interrogatories, which Mr. O●motherley refused to do, saying it was against Magn● Charta, and the liberty of the subject, but I refused not to answer, when such order was obtained from the House, but desired a ●opy of the interrogatories; or to have liberty to write them myself from their ●●●thes, and they to figne them, that so I might consult with Council as I had done before, we gave in our Charge, and this I conceive was the privilege of every free borned o●en, but the Committee would not grant me that liberty, than I conceived by the order of the House, I was not bound to answer extempore, especially the Committee door being shut, my friends kept out, and some against whom I articled permitted to be present with their hats on their heads allowed to ask as questions and examinus: whereupon I desired the Committee to move the House that I might have the interrogatories in writing to peruse before I were put to answer them, & that Mr. Barwis, and those of whom the Scots Commissioners and we complained might first answer, and make their defence to the Scots Commissioners, and our Charge before 〈◊〉 were put to make proof or examine witnesses, & I offered to undertake take to prosecute and make good my Charge, as I hoped the see's Commissioners could and would do theirs, the Committee then miss that they would acquaint the House with my desire, and some of them did say, that my request was reasonable, notwithstanding all this, Mr. Lisley misreporteth to the House, how that I had contemptuously, refused to answer Interrogatories, not making any mention of Mr. Osmotherleyes' refusing to answer Interrogatories upon the order of the House, wherein not only Mr. Lisley his parciality, but likewise his intention and desire to obstruct Justice plainly appeareth, upon which report made by Mr. Lisley, I was committed ●o the Fleet, by an order of the House, of the 27. of October 1645. as contemptibly refusing to answer Interrogatories, after this being ●n prison, I sent a letter to Mr. Speaker, dated the 28. of October 1645. with a Petition enclosed to the Honourable House of Commons, which Letter and Petition the honourable Speaker presented, and procured to be openly read, and deb●ted in the House, upon the 8, of November 1645. and both the letter and Petition was referred to the same Committee, for the Scots papers, and Lisley being the Chairman thereof and then present, but presently of oer my Letter and Petition was committed, and Lisley then withdrew himselfe for along time, and came not to the House after Mr. Lisley came to have a Copy of the order for the committing my Letter and Petition being procured, the same was sent in a letter from Colonel Rigby a member of the House, desiring him to take some course about me, and my Country's business. But his answer was to my friends that came to him from Colonel Rigby, that if Colonel Rigby or Sir Thomas Withrington, who knew me and my cause, would do any thing, they might; but he could do nothing: which was as much as to say, (as I conceive) he would do nothing, although the house had ordered otherwise. And since the time my letter and petition was committed upon Mr. Speakers presenting, I have written many letters, and sent petitions therein enclosed both to them that sat in the House in the right of our Country, and to others of the House also, entreating them to present mine and my Country's grievances to the House; and doubting the justice of the House, being once truly informed of my state, and my Country's cause; yea, and if I might have legal and impartial hearing, I doubt not but to make it appear that Mr. Lisley is in the contempt in disobeying and slighting the orders of the House. That Committee having power from this Honourable House, to send for me as often as they would; but to this day was I never sent for by him or that Committee: Therefore I conceive, that Mr. Lisley and that Committee to be the cause of my continued bonds, and Countries long oppressions, for his and their nonobservance of the Houses Orders; by which means justice hath been obstructed a long time. And such as the Parliament hat● declared Traitors and grand enemies (being disabled and prohibited by several ordinances of Parliament, to bear any Offices,) divers of them yet uncompounded for their Treasons and Delinquencies, are yet upheld in places of power and trust, to overrule and oppress our Country now under the Parliament, more than when they acted for the enemy, as I can prove and show by many letters written to me before I was committed to this prison. And in reference to myself, if I have in the least offended against any of the just Laws, Privileges, Orders or proceed of this House, I am haertily sorry, though I am no ways conscious to myself, that I have offended in the least, but have ever been tender of the just and lawful Privileges, Orders, and proceed of this House, together with the liberties, Rights, and Franchises of the meanest subject: For which, and my affection to the Parliament, I was imprisoned half a year by the Commissioners of Array, and Justices of peace in Cumberland, after driven to live in exile for two years, and that little means I had possessed by the enemy. And when it shall be made appear, that I have offended this Honourable House in the premises, or in any other thing, than I shall not not only co●fesse my fault and error publicly to the whole kingdom; but also willingly and cheerfully submit myself to the judgement and censure of this Honourable House, to undergo what punishment this House shall think sin Therefore my humble request is, that this honourable House will take my take my cause into consideration, to enlarge me from my bonds, and put mine and my Country's cause into a legal way of trial, and enable me with power to prosecute my several charges, and give unto me and my country just and fitting reparations for our losses and wrongs we have sustained, agreeable to the wisdom and justice of this Honourable House: And if we make not good our several charges, then to punish us according to the law; and not to refer me over, nor our country's cause to an Arbitrary, partial and Justice-delaying Committee. But that I may be brought to your Bar, or some other public tryell. And then I nothing doubt but to clear myself of the contempt unjustly laid to my charge; and for which I have suffered 18 Months hard and close imprisonment. And if I may but have the benefit of the Law, to make good our particular chrrges against those of whom we complain. And as in duty bound, I shall ever pray to, and praise God for you.  
JO. MUSGRAVE. Fleet 5. May, 1647. and 9 day of 19 Months of my imprisonment.   

I have for these last four months had some friends daily attending upon Maj. Salloway, Mr. Allan, Mr. Laurence, Mr. Bellingham, for presenting, this my petition; but after they had the same a long time, they returned i● back to me, refusing to do it. Mr. Bellingham said, he could not 〈…〉 it unless I could show authority to command him: not many days since, Mr. Rigby moved the House for my liberty, but Mr. Tolson, the knight of the Shire for Cumberland, one of the new election, stood up against me, and desired I might no● be enlarged till I acknowledged my fault: for said he, it is against the order of the House, to enlarge any without acknowledgement of their offence; and so I lost the benefit of Mr. Rigbys motion. I must not be enlarged without petition, and all refuse to present my petition consider mine and my country's sad condition. If you desire to know what this Mr. Tolson is, he is no other than a beardless Minor, taken the other day from the Gramm●● school, and now elected by a delinquent Sheriff, through the votes of Malignants and delinquents of Cumberland, by Mr. Bar●i● procure meant. Tolson being the meanest family of any of the Gentry in the North. Not long before Tolson was brought into the House, he came from the enemy's garrison then at Oxford, his Father a neutral, and had his estate protected by the enemy, Mr. Tolson, Mr. Barwis, the L. Wharton, & others that sit in the House in the right of our County, procured the commissions for Oyer & Terminer, and goaldelivery, directed to be declared traitors, M. Tolson & his father are great persecuters of honest men, under the name of Sectaries and independents; but favour and protect Papists and Malignants. Mr. Bellingham the Knight of the Shire for Westmoreland; is so young as he hath not any hair of his face, refuseth to inform the House how the Committee for Accounts of Westmoreland & Cumberland were declared traitors, and men accountable, and so betrayeth his trust and his Country, as his father before him did; who being the Knight of the Shire, is his son is new in his stead, in the beginning of these troubles left the Parliament, yet professed to his country for a time he would not join with the enemy; but traitorously and deceitfully (when his Country expected he would have stood up with them for the Parl.) deserted them, and joined with the enemy, to the loss of that country, was after a Colonel for the King, very active against the the Parl. and one of the Oxford Juncto, his son gins to 〈◊〉. When he came into the House he promsed fairly, but now gins to trend in his father's tract. These janus and Sinon-lik● men, whether o●d or young, be the pest of a Commonwealth, and the worst and most dangerous enemies any State can have, not fit to be trusted or employed in any office, Marshal or Civil; seldom you can confide in the son, where the father hath betrayed you. Beware ever of a reconciled foe, and time-servers. Farewell.  PROV. 28.15. 
As a roaring Lion and a ranging Bear, so is 〈◊〉 wicked Ruler over the poor people.   

P. 2. l. 3 for Wilford Ermine r. William Ermine. line 37. for Scotish, r. I Scotish, p. 3. l. 20. for undeserved r. undesired. l. 38, for faith, r. South. p. 5. l. 15. for 11. r. 22. p. 6. l. 23. for K. Stephen, r. K. William. l. 23. for clear, read blear.