Yet another word to the Wise: SHOWING, THAT The lamentable grievances of the Parliaments friends in Cumberland and Westmoreland. Presented by their Commissioner, Mr. john Musgrave, to the House of Commons above two years ago, are so far yet from being redressed, that the House of Commons not only protecteth Mr. Richard Barwis, one of their own Members, from the Law, being accused of High treason, as appeareth by the great charge against him in this treatise contained. As also against Sir Wilford Lawson, Commander in chief of Cumberland, who betrayed that County into the enemy's hands. And after he was Commissioner of Array, carried Men and Arms out of the Country for the King against the Parliament. But in stead of doing justice either against them or other accused Traitors to the Commonwealth, they have most unjustly committed that worthy Gentleman, Mr. John Musgrave, (their Accuser and prosecutor to the Fleet prison) above these 12. months, without any kind of allowance to himself or Family, or so much as any appearance yet of any fair hearing, trial, or deliverance. Matters worthy all the freemen of England's serious observation. ECCLES. 4.1. So I turned and considered all the oppressions that are wrought under the Sun, and behold the tears of the oppressed, and none comforteth them, and lo the strength of the hand of them that oppress them, and no man comforteth them. Printed in the year 1646. To our honoured friend Mr. John Musgrave, who through God hath done and suffered valiantly for Truth and Iusti●e, and the Freedom of the Nation, Grace and peace be multiplied. SIR, WHereas in the midst both of our own particular grievances and of the general judgements, which (like the waves of the Sea) do so succeed one another, that they seem to strive which of them shall first make an end of this idolatrous and sinful nation, we look with sorrowful hearts upon your deplorable conidition, with all those that are nearest and dearest unto you; and that for no evil, but for your well-doing; which tendeth greatly to all our comforts. For in regard of your Fidelity, Magnanimity, and Constancy, you were chosen by the well-affected party in your Country, to present their grievances to the House of Commons, it being one of the chief ends wherefore the whole Kingdom hath chosen and assembled them. But the house of Commons in stead of hearing and redressing your grievances, have added new grievances unto those which formerly you have suffered in their own quarrel against the common enemy, they have unjustly imprisoned you these 12 months, protected traitors amongst themselves from the Law, permitted them not only to set up malignants and other traitors in chiefest places of trust and command in your Country, but left an open passage there, both for Montross and his wicked c●●e to go through and oppress Scotland, and for the Irish rebels to enter England; so th●t by these and such means they hastened the desolation of both Kingdoms, if God had not a gracious protection over his own, and did not both continue Kingdoms, and reprove Kings and States for their sakes. Yet we shall rather with tears seek their repentance, than their persisting in such courses, seeing they are placed in lawful authority, and have a good cause, though they seek too much their own, and too little the Kingdom's good in managing it▪ and that they might be first reform at home amongst themselves, before they go abroad to reform others: otherwise if they shall still advance themselves, and not hear the cries of the poor, nor pity the Widow and Fatherless, nor the heavy groans of the oppressed, nor the sighs of the prisoners, they themselves shall cry and not be heard. And as for their lamentable submission to the Bishop's servants, the Presbyterian Synodians (as if the servant were above the Lord) in establishing that will-worship and Popish maintenance which now themselves do well know to be jure Di●bolico through these blind guides, their Diviners and Sooth sayers inability to answer their querees (whereby to prove themselves ●ure divine) surely, if they will notwithstanding obstinately persist in such wilful, dangerous, and unwarr●n●●bl● courses (not being any longer blind folded as at first it might have seemed) they will doubtless show themselves to be fighters against God, his truth and people to the●r own destruction, without speedy conversion. Farewell. Articles and Propositions for the Counties of Cumberland and Northumberland. INprimis. That Sir john Lowther and Sir Philip Musgrave procured the Commons of Westmoreland to subscribe the Petition to the King at York, as Sir Richard Greham and the Gentry there did the Commons in Cumberland, and went to the King at York to tender their service; which is conceived to have more insited his Majesty to take up Arms. 2 That about 1000 within the Barony of Kendal, about the same time petitioned the Commons House of Parliament, thereby tendering their service, and would have stood for the Parliament, as many more in the said County, who had provided Arms for that end, if _____ would have joined with them, which they would not do, yet then professed to be for the Parliament, whereby the Commons were deceived, and so more easily by Sir john Lowthers policy, and Sir Philip Musgraves threaten, brought under the power of the Commissioners of Array. 3 That the Committees for Westmoreland appointed, or the greater number of them, are either such as Joined with the Enemy by Contribution or otherwise, or are Tenants to the Delinquents there, and such as have not, and is feared dare not oppose themselves, against the Delinquents in any great business. 4. That _____ is joined to the enemy, is a great Delinquent & now _____ and now made Commander in chief, in Westmoreland, as is said, whereby complaints will not be so well heard against the Delinquents, neither are the Delinquents estates Sequestered there, which is the cause of great taxes, and heavy seasements upon the Commons. 5. That Richard Barwis Esq a member of the House of Commons, and one of the Commissioners for both Kingdoms, at his being at Edinburgh (with the consent and advice of john Hodgson, who was protected in his estate by the enemy, & was the first man that drew Brough Barony to submit to pay contrybution money to the enemy, appointed & named for Committees in both Counties, men then in actual rebellion, and such as complied with the enemy. 6. That said Mr. Richard Barwis from Edinburgh sent sundry letters to the Commissioners of Array, in both Counties, by the said Hodgson to be conveyed to them, which was done accordingly. 7. That most of the Committee appointed for Cumberland are Delinquents, and such as have dependence upon the enemy, and have not opposed themselves, neither dare displease the Delinquents there, against whom Mr. Barwis would not hear, nor receive complaints brought unto him. 8. That the Sequestrators are such like. and many of them of the same Committee 9 That the Commander in chief, Sir Wilfride Lawson, over the forces in Cumberland now appointed upon the commons taking up arme● against the Array men, there procured himself to be commander 〈◊〉 chief over them, upon his promise to be faithful to them, and then presently without any compulsion, but voluntarily joined with the enemy, and took the Oath for the Earl of Newcastle, and did send sundry to prison for the Parliaments cause; And since he was 〈◊〉 commander in chief, conveyed away one Ducat a Papist and a great Delinquent, which Mr. Barwis would take no notice of, though acquainted therewith. 10. That several propositions and grievances were presented by some Gentlemen and others to the Parliament Commissioners, but were not allowed or regarded, whereby others were and are discouraged further to complain; a copy of which is hereunto annexed. 11. That heavier and greater burdens and taxes are laid upon the Commons now by the Committees, than were under the enemy, and such as the County is not able to bear; yet few or none of the Delinquents estates Sequestered. 12. That if the Militia be not better settled, these t ●●o Counties will be easily reduced back under the enemy, upon the Scots removing thence. 13. That if more faithful honest and able men, be not chosen for Committees and Sequestrators, the County will be ruined or lost, & most of the Sequestrators imbecilled and private men, yea the Delinquents friends wholly enriched thereby. 14. That if there should be two commanders in chief in these counties, it would much hinder the Service, besides the charge incident to the same, for these were always in the time of Queen Elizabeth, under one, and so while the enemy had power over them; Therefore some honest and able man should be chosen for that place, who may be added to the Commissioners for both Kingdoms. 15. That the chief of the commissioners of Array in these counties, be either imprisoned or confined in, or to some remote place, which will much conduce to the furtherance of the service, and better settling of the peace there; Their Tenants being thus freed from the fear and open ression of their wicked Landlords, most of the commons there holding their estates in Taintright. 16. That the grievances and desires formerly presented to the commissioners of both Kingdoms (a copy whereof is hereunto annexed) may be taken in consideration, and wherefore the same were not regarded, neither answered unto by the said Cammissioners. 17. That the castles and strenghts in these counties, be committed to none but honestand apporved men. 18. That care be taken that Stewardyes, Barliweeks, and clerkships of Stewardyes and such like offices, be put into the hands of honest and able men. 19 That Mr. Richard Barwis is brother in law to some of the greatest Delinquents there cousin german ●o, or otherwise nearly allied, to most of the notorious Delinquents of both Counties, and laboured to put all command there, upon his and their friends, or themselves, so as without good assistance these counties will not be well settled, without removing such persons from public employment, which are not found fit to be trusted, and to place such other in their rooms, with such power and authority as shall conduce to the public service, and to settle a course that the Militia may be put in execution, and that there may be appointed sit Deputy Liestenants, and one more sit to command in chief over the forces of those Countyes, that they may be always in a readiness for the defence of themselves, and assistance of their neighbours, upon all emergent occations. 20 That the said Ricard Barwis at his being at Sunderland, had intercourse by letters with the chief Malignats in Cumberland, especially with Baronet Graham, Baronet Musgrave, Baronet Curwen, and Sir Wilfride Lawson, as appeareth by the confession of Thomas Watson Mr. Barwis his letter caryens. 21. That the said Sir Richard Graham and others the Delinquents there, procured the lands and goods of the said Mr. Barwis to be protected, wherewith Prince Rupert being made acquainted at his being in Lancashire allowed the same, and so Mr. Barwis his wife did quietly without molestation or plundering enjoy the same, till the Scots coming thither, not any other standing for the Parliament having the like favour or freedom in these parts. 22 That the said Thomas Watson confessed to Mr. Osmotherley that the said Mr. Barwis was the hinderer of the Scots not taking in Cumberland and Westmoreland upon their first coming in and after, and that the said Mr. Barwis told the same unto him, which hath been great loss and damage to the State, and benefit of advantage to the Enemy. 23 That the King, since the Scots last coming into England, hath had about seven thousand men sent forth upon his service, whereof two thousand to Hartlepoole, the rest to Prince Rupert for York, beside great sums of monies being raised there for the King's use. 24 That twenty thousand pounds per annum, may be easily raised out of the Bishops, Deane and chapter, Papists and Delinquents estates, in their lands, rents, fines and tithes, if honest and able men be entrusted therewith, whereby the poor commont may be disburdened of many great taxes, wherewith they are oppressed, and through which they begin to be dis-affected; all which this Honourable House is desired to take into consideration. Representations and Considerations offered to the Commissioners for the Parliament of England, by some of the sufferers and late banished men in Cumberland for the Parliaments cause. FIrst, it is desired that none be admitted to be of any Committee, or have any command, that have either subscribed the Petition to the King at York, or have joined in assistance with the Commissioners of Array by forcing others, or have taken upon them any command or Office under the Earl of Newcastle against the Parliament, or have persecuted any standing for the common cause. 2 That the chief of the Commissioners of Array of such & the Gentry, as have been urgers of the new Oath against the Parliament upon the Commons, for better securing the country, may be apprehended and detained in hold, as is done in other places, without which the country cannot well he secured. 3 That already the Committee for this county hath chosen or assented to Commander for chief Sir Wilfride Lawson Knight, who before, together with Baronet Curwen, injuriously betrayed the trust reposed in them by the country, and joined with the Enemy. And now hath admitted of and given command to many Officers and Commanders formerly commanding under the Earl of Newcastle, and other wicked and vain men, to the great discouragement and grief of the well affected, and the said Sir Wilfride is allied, and in confederacy with the greatest Malignants of this county, in which said Sir Wilfride the commons cannot confide. 4 That such of the commissioners of Array, or other the Justices of the peace as have sent any to Carlisle prison for the Parliaments cause, may be attached and kept in hold for securing the said prisoners until they be released. 5 That Sir Richard Graham and the late Sheriff procured the commons of Westmoreland by Sir Philip Musgrave, and Sir John Lowther to subdue and plunder all such as stood for the Parliament in this country; by whom Mr. John Barwis, and Mr. John Osmotherley, with many others, were plundered and banished, and great cruelty exercised by them and the rest of the Malignant Gentry. 6 That some of the Committee, now appointed, have assisted the Enemy in their wicked designs, some of them have dependence upon the Enemy, others of them much feared to connive at the Enemies do, and to favour them. 7 For that few of the Committee have not as yet, and as we fear, well dare not represent unto you the Malignants do and practices, we humbly desire some faithful and honest men of Lancashire, or elsewhere, be desired and admitted to join with the Committees of those Counties for the good of the State, safety of these Counties, and the better discovery of Malignants wicked practices. 8 That in the mean time none of the favourers or friends of Sir Richard Graham and the late Sheriff (against whom many just and great complaints will be brought) may be admitted to be of any committees. 9 That forthwith some good course may be taken for the discovery and punishment of the malignant, wicked and scandalous Ministry of the county, which have been and will be the greatest fomentors and abettors of the commons and gentry against the Parliament. That present course be taken for the securing of Whithaven, Parton and Workington over against Ireland, the same being Havens 11 These and other the grievances of our country, we are humbly bold to represent to your Honour's grave consideration and wisdoms, and shall be ready to approve our do in the premises as your Honours shall direct, for the furtherance of the peace of this country, and justice to be done upon offenders. In testimony whereof we have subscribed our names. These Propositions and Articles were delivered to the Parliament Commissioners at Penreth in Cumberland, the four and twentieth day of the ninth month called September, 1644. by me John Musgrave, for and in the name, and by the direction of the Subscribers: But the same were slighted and disregarded by Master Barwis and Sir William Ermyne, though much desired by Master Robert Fenwick, one of the commissioners to be taken into consideration. Persons desired to be removed from being of the Committee in Cumberland. William Briscoe Esquire. William Penington Esq Thomas Lamplough Gent. Miles Halton, and all the other Delinquents. Persons desired to be removed from being Sequestratours in Cumberland. Sir Wilfride Lawson, Knight. William Briscoe, Esquare. William Lawson, Gent. Peter Mawson. Nicholas Mawson. john Stodders. and all other Delinquents. Reasons for their removal. Sir Wilfride Lawson, See Artic 9 William Briscoe a Delinquent, and took the Oath imposed by the commissioners of Array. Thomas Lamplough a Delinquent, and took the Oath against the Parliament. Miles Halton, an Officer and Tenant to the Earl of Arundel, one that never did not dare oppose the Delinquents, and voluntarily joined and contributed to the Enemy. Peter Mawson and Nicholas Mawson his brother, voluntarily contributed to the Enemy, and such as have not, nor dare oppose, nor displease Sir john Lowther and Sir Philip Musgrave. Master Pennington, 〈◊〉 Sheriff, contrary to the Ordinance of Parliament detains the Ship-money in his bands, being not paid into the Exchequer. Persons desired to be removed from command, and office of war in Cumberland. Sir Wilfride Lawson Knight, the Commander in chief. Lieutenant colonel Offeere Captain Musgrave. Captain Stoddert. Captain Story john Hodgson Governor of Brough Barony, And all other Delinquents. Reasons for their removal. Sir Wilfride Lawson, for the reasons above said, See Artic. 9 Lieutenant colonel Orfeere, a notorious Delinquent, and formerly a captain under the Earl of Newcastle. Captain Musgrave a Delinquent, formerly a captain under Sir Richard Graham. Captain Stoddert a Delinquent, formerly an Officer under the Earl of Newcastle. Captain Story a Papist, was first a Lieutenant to Sir Francis Howard, then joined himself to Master Osmotherley, who was for the Parliament, and after deserted Master: Osmotherley, and joined with the Enemy. And, as he confesseth, hath slain four men of the Parliaments party, he became a Lieutenant to Sir Henry Fletcher, a colonel for the King; but upon the Earl's retreat bacl out of Scotland upon Hodgsons' promise to procure him a place, came into Scotland, from whence at his pleasure he went over into England to the Enemy, and was familiar with the Enemy's captains and officers, neither he nor the said john Hodgson were plundered till the Scots coming into Cumberland, one Patrison a Lieutenant to captain Carleton, was taken but by the said Story conveyed away into Scotland, and so got into Carlisle against to the Enemy, wherewith Master Barwis was acquainted, but Story never questioned. john Hodgson, a man of very mean estate, an Ale housekeeper, who procured Brough Barony first to submit and contribute to the Enemy voluntarily, after his going into Scotland had daily recourse, and took liberty to go into England to the Enemy, See Artic. 5, & 6. Persons desired to be removed from all Offices, Sir john Lowther Knight-Baronet, Edward Robinson and all other Delinquents. Reasons. Sir john Lowther a notorious Delinquent, one of the chief Commssioners of Array, both in Cumberland and Westmoreland, with the first Petitioned the King at York and tendered his service, and was the contriver of that Petition, he was colonel over a▪ Regiment, and Governor of Kendal for the King; Sir john Lowther pressed one Cleasby for a soldier, for saying he would not fight for Papists, who after fled, but being taken again, the said Sir john Lowther caused him to be put in close prison, where he is yet, and hath endured great misery for these 10 months, yet is the said Sir john Lowther again put in command for the Parliament, upon the letter of Mr. Barwis, as is said. The said Sir john Lowther committed to prison one David Browne a Scotsman, where he lay in Carlisle in great misery a long time, and till the Scots coming unto Cumberland. Sir john Lowther did take him for an Jntelligencer for the Parliament, but was not. When by some of the House of Commons it was moved to have Sir john Lowther put in command for the Parliament; Mr. Blackston acquaited the House that he had these Articles in his hands, and desired he might not be put in Command, where upon Sir john Lowther was put by. Edward Robinson, a notorious wicked man, of evil fame, formerly borne out by Sir Richard Graham, one who hath done much hurt, and got much by plundering, an officer under the Earl of Newcastle, and since under Str Philip Musgrave, but now to the country's grief employed by Mr. Barwis about Sequestrations, yet Mr. Barwis would not hear any complaint against him. To the Right Honourable the Knights, Citizens, and Burgesses, assembled in the Commons House of Parliament. The humble Petition of sundry well affected Gentlemen, and other persons, in the Counties of Cumberland and Westmoreland. WHo most Humbly pray this honourable House, to take into your serious considerations, these Articles annexed, to provide a speedy remedy, while the Scots forces remain in these quarters, lest the same fall again into the bondage of the Array, and that if it seem good unto this Honourable House, to send a faithful commander unto the counties, to command in chief over both, for that the one cannot be kept without the other, and that the Counties may be eased of their great oppression, and taxes in maintaining soldiers, by allowing the Sequestrations, as well of lands as goods, for the maintenance of forces against Ireland, to which they lie open, and for the service of the Parliament and Countries; And that faithful and honest men the● have suffered for the Parliament, may be put in office, and that none be admitted to be in office, or be of any Committee, that are by the ordinance of this Honourable House, judged Delinquents. Westmoreland Articles. FIrst, that in the counties of Cumberland & Westmoreland through the evil government of commanders and committees, the commons are so oppressed that in their affections they are quite fallen from the Parliament, who heretofore stood well affected to the same, and are now ready to embrace, nay, much desire to see any opposite forces. 2 That such as bear office and command are many or most of them Delinquents, as the principal commander, Sir Wilfride Lawson, a commissioner of Array, and many of chose forces that entered the South of Scotland, called the Black-band, under the command of marquis Mountrosse, are received and have command under the said Sir Wilfride Lawson. 3 That the said commanders do take and raise great sums of monies of Delinquents to free them from public service, and do put on and off soldiers for money, through which and their oppressions mutinies are raised, the countries endangered, an● the Parliaments service diverted. 4 That the commanders exact monies by way of loan, and enforceth the country, groaning under other great taxes and burdens thereunto. 5 That great sums of monies are raised of the said counties under pretence of the public service, which upon strict examination would be found to remain in the hand of Officers and Committees or Delinquents protected. 6 That divers of the Committees are noted Delinquents, who shown great forwardness against the Parliaments service, some have borne Arms and joined in Acts of Association, and taken oaths against the Parliament. 7 That such as have suffered imprisonment and banished for the cause of Parliament, ●aue been plundered by the same commanders, are not countenanced but threatened and ●●●●ed by them, and their persecutors countenanced, and have some of them command. 8 That the Commissioners of Array, and other dis-affected and notorious Delinquents are protected both in their persons and estates, go armed up and down the country upon the best horse of the country, suffered to keep Arms and Ammunition in their ●●●uses, send and go at their pleasure out of the country to the King's forces, or any way 〈◊〉 up mutinies, & publicly and openly show their malignancy, both by word & deed. 9 That divers of the Enemy's Scouts and soldiers have been taken prisoners sallying out of Carlisle by the Forces of Sir Wilfride Lawson, which he had made Comman●ers under him, and suffered prisoners to lie in irons in Carlisle for the Parliaments ●●●se without relief. 10 That the said Sir Wilfride Lawson did before-time under pretence to stand for 〈◊〉 Parliament, break a well affected party that stood for the Parliament, and with the ●●●stance of Sir Patricius Curwen, brought the Counties under the bondage of the ●●ray, working that by fraud, which the Commissioners of array could not do by force, 〈◊〉 leaving the country to the plunder, he with the said Patricius fled to the Enemy, ●here they took the Oath for the Earl of Newcastle. 11 That certain Commanders were set to keep the Havens over against Ireland, who ●●re Commanders on the other side. 12 That small or little is made of the Sequestration, by reason of the favour shown delinquents, many of which have had time to convey away their goods, and the rest 〈◊〉 sequestered, or at small rates, and the Committees refuse to take information and discovery of Delinquents and their estates, and to sequester them. 13. That the Committee for Sequestrations, nor any Officer for Sequestrations have taken the oath enjoined by ordinance of Parliament, nor any prisement made by Oath. 14. That the standing Committees have given over to set taxes, or seasements, for forces or soldiers in the said Counties, or undertake any collections, or payment of the same, but suffer officers and commanders to set sesments, and to levy the same at their pleasure, whereby great oppresion and plunders do ensue, rapes, and murders, nay open rising in arms, and slaughters both of commons and soldiers. Cumberland Articles. FIrst that the counties of Cumberland and Westmoreland, through the evil government of commanders, and Committees, the commons are so oppressed, that in their affections, they are quite fallen from the Parliament, who heretofore flood well affected, and are ready now to embrace, nay do much desire to see any opposite forces. 2. That such as bear any office or command, are for the most part Delinquents, and many those forces that entered the south of Scotland, called the black band under the command of marquis Mountrose, are received, and have command. 3. That the said commanders do take and raise great sums of money, of Delinquents to free them from all public service, do put on and off soldiers for money whereby mutinies are raised, the counties endangered, and the Parliament service diverted. 4. That the commanders exact and raise money by way of loan, and enforceth the country (groaning under other great taxes and oppressions) there unto, and put the country to unnecessary charges, by raising more forces then needful, or they have commission to do. 5. That great sums of money are raised of the said counties, under pretence of the public service, which upon strict examinations, there will be much found to remain in the hands of commanders, and committees, or Delinquents protected. 6. That divers of the committee are noted Delinquents, most of them have been forward against the Parliament, some born arms, and taken the oath, for the Earl o● Newcastle. 7. That such as have suffered imprisonments, and banished for the cause of the Parliament, have been plundered by the said commanders, and are no ways countenance● but threatened and hated by them, and their persecuters countenanced and have command. 8. That the commissioners of Array, and other dis-affected Gentlemen, and notorious Delinquents are protected both in their persons and estates, go armed up acknown the country, upon the best horse of the country, and at liberty go to the King forces, and send letters, and openly and publicly show their malignancy both 〈◊〉 word and deed. 9 That divers of the enemies have been taken prisoners, sallying out of Carli●● which are made commanders again, under our commanders, and yet prisoners suffere● to lie in irons in Carlisle for the Parliaments cause above one whole year, and 〈◊〉 in aged. 10. That some of the commanders do give protection unto Delinquents and Scottish Papists, which did betray the town of Dumfre●e, into the hands of those called the Black-band, as marquis Mountrose and that company, the same are protected, which in Scotland were proclaimed Traitors, these have free liberty to go amongst 〈◊〉, to see the state of our country, and to give the enemy intelligence, whereby great d●●ger may ensue, if not in due time prevented. 11 That some of the chief commanders did before time, under pretence to be for the Parliament, break and divide a certain well affected party that stood for the Parliament, and with their assistance, the Country was brought under the bondage of the Array, working that by fraud, which the rest of the Commissioners of Array, could not do by force, who leaving the Country to the plunder, fled to the enemy, where they took the oath for the Earl of Newcastle, and made in that service Commissioners of Array, and cruelly persecuted those that were well affectted to the Parliament by imprisonment. 12 That divers of the Delinquents are suffered to keep their arms. 13 That small or little profit is like to be made of the Sequestrations, by reason of the favour shown to the Delinquents, many of which have had time to convey away their personal goods, and the rest either not sequestered, or at small rates valued, or suffered to sell their goods after Sequestration. 14 The said Committees for sequestrations, or any officer for sequestrations, have not taken the oath enjoined by Ordinance of Parliament upon them, nor any presentment made by oath, save such as is done by delinquent Justices. 15 That malignant scandalus, and de●●●●●ent Ministers, and such as are non-preaching and maintainers of superstition, and have been great urgers, and abettors of the gentry and commons against the Parliament, and such as cast aspersions upon the well-affected, pressing the book of common-prayer, are borne out and counte●●anced. Some informations delivered by the Scottish Commissioners to both Houses of Parliament, given to them by the two Commissioners of the well affected of Westmoreland and Cumberland, sent hither to present Articles to the Honourable House of Commons THat many of the Commanders, and members of the Committees, who were in actual Rebellion against the Parliament, under the Earl of Newcastle, and did take the oath prescribed by him, are still continued in their former ch●arge, and employment. That generally the gentry of those Counties are Papists, Malignants, and very disaffected to the Parliament. That very little of the Sequestrations of Westmoreland, and Cumberland, have been uplifted, many of those to whom it is entrusted to, put the Ordinances of Parliament in execution, being themselves Delinquents. That some of the Committee for Cumberland, being desired to sequester the estates of Delinquents, said they wished there were no Sequestrations at all, and that they had warrant from the Commissioners of Parliament, not to Sequester. That if the Sequestrations had been duly up-lifted, they would have maintained the Scottish forces, that quartered in those two Counties, and the Country no ways ho●●●●●n burdened. That the reason of the Scottish forces imposing asseafements upon the Counties, did proceed from the Malignity of the Committees, who either refused, or neglected their duty, in assessing the Country and uplifting thereof, and yet under hand stirred up the Commons, to withstand the Scots taking up assessments. That Sir Wilfride Lawson brother in law to Master Richard Barwis, a member of the House of Commons, and one of the Committee of both Kingdoms, with the Scottish Army, is a known Malignant, was actually in Rebellion, under the Earl of Newcastle, against the Parliament, and continued in Arms, till those Counties were reduced to the obedience of the Parliament, and yet notwithstanding, is now entrusted with the Command in chief of the Parliaments forces in those Counties and is also made High Sheriff of Cumberland, and one of the grand Committee for the Northern Assosiation. That Sir Wilfride Lawson, with the assisstance of John Barwis, Uncle to Master Barwis the Commissioner, and William Briscoe cousin to Master Barwis, have without consent of the rest of the Committee, levied great sums of monies upon the Country, distrained their goods, and committed their persons to prison who refused it, and have also raised great sums of money, under pretence for the public service, which they do still deraine in their own hands. That when the country people complained of Sir Wilfride Lawsons' soldiers, and condescended, both upon the names of the persons, and the goods, neither the persons were punished, nor the goods restored. That Sir Wilfride Lawsons' men had pay from the Country, and yet took free quarter, and stole horses, whereof they would make no restitution. That Colonel Cholmeley, having desired Sir Wilfride Lawson to cause his soldiers to discharge their quarters with money they received, as he did in his Divition: Sir Wilfride Lawson wrote a bitter railing letter against him, whereof Colo. Cholmeley sent the original to the Commissioners of Parliament. That Sir Wilfride Lawson did formerly, and of late, protect divers Papists, and others, declared Traitors by the Estates of Scotland. That Sir Wilfride Lawson, Major Thomas Barwis, kinsman to Mr. Richard Barwis the commissioner, and others his officers, conveyed in victuals to the enemy in Carlisle. That the enemy falyed out strong and frequently upon the Scots, and colonel Cholmeleys Quarters, but kept fair correspondence with Sir Wilfride Lawsons' Quarters. That when they came out upon Sir Wilfride Lawsons' Quarters, sometimes the soldiers wanted powder, and when they had powder, they were discharged upon pain of death to shoot against the enemy, though the enemy was much inferior, in number. That Thomas Barwis Major to Sir Wilfride Lawson when any of his own soldiers were taken prisoners had them released at his pleasure, and also released other soldiers that were taken prisoners, for money. That they are fully persuaded that the Town of Carlisle had been long since taken, but for the correspondence and supplies given to the enemy, by Sir Wilfride Lawsons' forces, and i● all probability, those parts had been again put under the Enemy's power, and the well affected in at had condition as formerly, if the See as forces had been with drawn from Carlisle. That many of those forces that entered the South of Scotland, called the Black band, under the command of the late Earl of Mountrose, are received, and have command under the said Sir Wilfride Lawson. That Thomas Lamplough was in Arms, and actual Rebellion against the Parliament, and took the Oath prescribed by the Earl of New castle. That the said Thomas Lamplough, brother in law to Mr. Barwis the Commissioners, is a savourer of Malignants, and procured the releasement of Thomas fleming Kinsman to Mr. Barwis the Commissioner, who was imprisoned by Col. Cholmeley for offering a sum of money to one, to betray Graistock-Castle to the Enemy. That Mr. Richard Barwis, one of the members of the House of Commons, and of the Committee of both Kingdoms, with the Scottish Army, is a protector of Delinquents, and Malignants. That when those Countices were under the Enemy's power, Sir Richard Graham procured a warrant from the Earl of Newcastle, for protecting Mr. Richard Barwis the Commissioners estate, and his Wife lived there quietly, and peaceably, in the Enemy's quarters, without molestation. That now the said Master Richard Barwis protected Sir Richard graham's estate, who is yet with the Enemy, in Rebellion against the Parliament. That he did intrust the command of the Castle of Rose to one L. Colonel Orfeere, a great Malignant, and a commander under the Earl of Newcastle. That when the said Mr. Richard Barwis was in Scotland, before the Scottish Army came into this Kingdom, and afterwards at Sunderland, he kept correspondence with the Enemy. That John Barwis, Uncle to Mr. Richard Barwis, and Michael St●i●holme, who was present at the meeting, told him that it was agreed upon, In Mr. Richard Barwis commissioners chamber at Edinburgh, before the coming in of the Scottish Army into this Kingdom. That Sir Henry Bellingham, Sir Wilfride Lawson, and Mr. Thomas Lamplough, both brethren in law to the said Mr. Barwis commissioner, and divers others Delinquents, should be put upon the Committee of Westmoreland, and Cumberland, though then all three in Arms, and actual Rebellion against the Parliament, and accordingly when the country was reduced by the Scottish Army, these parties were put upon the Committees. Concerning the Insurrection made in these counties, they inform, that the first insurrection was not pretended to be against the States, but that they openly professed themselves Enemies against the Parliament; That the manner of it was this, Major Brigs procured from the Lord Fairfax a commission to himself, to be a colonel, and summoned all the county to appear before him, that he might make choice of soldiers, that he and his Officers dismissed such as would give him 206, and detained the rest, but afterwards diminished the price to ten shillings, then to five shillings, then to 12 pence, and within a few days after they summoned the country of a new again, and made their benefit of them as formerly. That being before Skipton Castle with some forces, upon Sir Marmaduke Langdaile coming to raise the Siege at Pontfret, he came away from before Skipton, and summoned the county again to appear, and demanded the half of their goods to maintain a garrison in Apleby, that there were divers Skirmishes between him, and the country people about that time, that afterwards he did again summon all the country to appear, and dismissed all those that would give him money, whereupon the country, and colonel Brigs falling into differences, the Papists and Malignants made use of the opportunity, and chief Sir John Lowthar a notorious delinquent, cousin german to Mr. Barwis the commissioner, and whom Mr. Barwis presented to the House of Commons to be commander in chief for Westmoreland, and the attendants and servants of the said Sir John Lowther, possessed themselves of Bolton church, and appointed the country people to come to a Randezvouse there, with an intent to seize upon all the Strengths and Forts in those parts; according to this intimation the country met, the Lady Lowther furnished them with Ammunition, and the Enemy's Garrison at Shipton were drawing out for their assistance, but all their designs were disappointed, and the meeting of the country people dissolved upon the appearance of the Scottish Horse, who were advertised of their intentions, and invited thither for the assistance of the well affected, that about a fortnight after there was another Plot of the Papists and Malignants, for betraying of Kasewick Isle, raising of the country, beating a way the Scots, and cutting of the well-affected, but this design was discovered by a gunner of Sir Wilfride Lawsons', who was hired to be an actor in the business, but being troubled in conscience revaled it, and Sir Wilfride Lawsons' Uncle, who lives in the house with him, was upon this plot. That the Papists, and Malignants, failing in both these designs, stirred up the country people against the Scots, pretending the great brethren's of the country, and exactions made by them for maintaying the forces before Carlisle. That generlly all that joined in that Insurrection were Papists, Malignants, their Tenants and servants. That at the time of this Insurrection, they did apprehend John Musgrave one of the informers, and William Wheelewright, saying they deserved no quarter, but should be hanged, especially Mr. Musgrave, because he had been in Scotland, and as they said was a chief Instrument in bringing in the Scots to take away the Service-book. That they further could him, that they were able to perform what they had undertaken, that they would not want assistance for Northumberland, Cumberland, Yorkshire and Lancashire would rise with them, to beat all the Scots out of the Kingdom; And accordingly those of Cumberland did rise, and likewise the Papists and illaffected of Northumberland afterwards: Where-upon the Scots commissioners desired by their paper presented to both Houses of Parliament in these words That the money and provision taken up by the Scottish Army in those parts, may be speedily brought to an account. That these Informations may be speedily put in a way of trial and examination, and in the mean time some persons of unquestioned affections, and fidelity to the Parliament, may be sent into the country to take charge of the Parliaments forces there, and look to the security of these parts. The Scottish Commissioners Answer to the Parliaments Demands, concerning the Informations given in by them, and received from the Commissioners of the well affected of Cumberland and Westmoreland. ACcording to the desire of the House of Commons, that we should acquaint the Members of that House, that are of the Committee of both Kingdoms, upon what grounds we delivered the Informations we received concern Member of that House, and other persons▪ We return this Answer: That these Informations were delivered to us by John Osmotherley, a Member of the Committee of Cumberland, and John Musgrave Gentleman, under their hands, who declared, they were ready to justify and make them appear. That they shown to us these Articles under the hands of above sevenscore of the Gentlemen, and Inhabitants of this Country. That they had Recommendations from colonel Cholmeley, a colonel of a Regiment of the Parliaments Forces there, who is a religious and worthy Gentleman, of whose affection and forwardness in the cause, the Kingdom of Scotland hath had much experience. That colonel Cholmeley in his Recommendation approves of the Articles, and Engages his life for the fidelity of Master Osmotherley and Master Musgrave. That we received divers testimonies from persons here in Town, to whom we give much credit of the fidelity of the said Mr. Osmotherley, and Mr. Musgrave, as: 1 Before the coming of the Scots Army into this Kingdom, John Osmotherley ●ised in the service of the Parliament of his friends and servants five hundred men, and opposed the Commissioners of Array, till they were betrayed by Sir Wilfride Lawson, and Sir Patricius Curwen, near kinsman also to Master Barwis, who being chosen Commanders by the country, joined with the Enemy, whereupon they were all unexpectedly seized on and disarmed, and the said Master Osmotherley was forced to fly for his life. 2 That Mr. Musgrave suffered much under the tyranny of the Earl of Strafford, and in the beginning of these troubles was six and twenty weeks imprisoned by the Commissioners of Array, and afterwards was banished his own country. 3 That Master Musgrave is of a different judgement from the Church of Scotland in matters of Church Government, and stands for the Independency of particular congregations, and therefore his Information is the less to be suspected of partiality towards the Scottish Army. Concerning the matter of the Information. FIrst, We find them to agree with the Informations we received from the Scottish Army. 2 That it was no new business, that they had attended the House of Commons thirteen weeks in Winter with Articles against those persons. And in February last were referred to a Committee by the House of Commons, but nothing done thereupon. 3 That they were returned with further Articles and Informations against those persons were attending the House, but by reason of multiplicity of business could not be heard: And therefore entreated for our Assistance▪ which in matters of that consequence, that did so much conduce to the preventing of misunderstandings between the two Kingdoms, and vindication of the Scottish 〈◊〉 we could not deny. These were the grounds upon which we delivered in these Informations, and upon the whole matter we desire that the business in so far as concerns the Scottish Army, may be examined by a committee upon the place authorised by both Kingdoms for that purpose, according to the ninth Article of the late Treaty between the Kingdoms, viz. That all matters of differences that shall happen to arise between the subjects of the two Nations, shall be resolved and determined by the mutual advice and consent of both Kingdoms, or by such Committees as for this purpose shall be by them appointed, with the same power as in the precedent Article. To the Honourable the Committee of War residing at York. The humble Petition of divers well affected persons in the County of Westmoreland. THat whereas this poor Country of Westmoreland languisheth under heavy pressures of these times, is not in all likelihood longer to continue, nor able to do service required, who never so willing if not timely relieved by your pious vigilant, careful provision, the many grievances considered it now groan under, do in all humbleness present unto your Honours some few of those many, humbly beseeching your Honour's judicious consideration of them, that in this eminent time of danger, our poor Country may be speedily so ordered by you, as that pious men void of selfe-gaine, and vainglory, having the command of us, we may be preserved, able to our willingness to observe such orders and command as shall come from your Honours or any other whom the Parliament hath put in Authority: And your Petitioners, whose names are here-under written, shall, as in duty bounden, daily pray for a happy success of all your good and godly proceed. First, we show to your Honour that there is, and ever hath been a great neglect in the Committee for sequestrations, their no● sequestering known Delinquents, and their proceed therein is by a disorderly way. In possessing themselves of certain of the Delinquents goods to their own profit. That there is not a Solicitor for the Committee of Sequestrations appointed, which is the main reason, as we conc●eive, of their disorderly proceed. That the Deputy Sequestrators, appointed by them, have not taken the Oath appointed by the Parliament, Ordinances which doth much hinder the benefit of sequestrations, so as the County is not any way relieved therewith. But that the Committee hath laid upon the County ●o● the pound in the book of Rates, which amounteth the sum of 1000 l' and above, whereas the Ordinance of Parliament doth only demand 600 pound, this being done in contrary to some of the Committee for the Assosiation. That Colonel Edward Brigs hath by his disorderly carriage much hindered the raising of then for the Assosiation, etc. The said Colonel did leave his Regiment before Skipton without Orders, as Colonel Lambert can best declare it, being a great encouragement for the soldiers to leave their Colours, which they did, save only one company, by which means many were lost, and lef● in that country, which now causeth us to be altogether destitute for want of Arms: It being intended by the Committee for this County to have taken as many men out of the Regiment, as should serve for the County in the assosiated Army, which now they are forced to go in a more inconvenient way. That the said Colonel Brigs did suffer, if not give order, with Richard Braithwait one of the Committee for the Assosiation to certain Officers of the said Colonel Brigs his Regiment, to levy and distrain for arrears of their pay; in colour of which they did much wrong to your Petitioners, That the said Colonel doth not accept of the soldiers that is sent him, unless they bring with them twenty shillings, which he calls advance money. That the said Colonel doth turn divers off for money, some for fire pound, some four pound, some for three pound, and some for two pound, so that the present service is much hindered and neglected, and the fault undeservedly laid upon the Country. That the said Colonel did of his own authority call a general. Muster without acquainting any of the Committees; that when the Country made their appearance, nothing was either said to them or done. Now that all these grievances being taken into your Honour's consideration, we doubt not but to receive some redress from your Honours, or at least your wise advice and counsel what best is for us to do. And your Petitioners, as in duty, shall daily pray. This is seen by me, and approved by your Honour's most humble and obedient servants James Bellingham, Thomas Pickering Esq These Articles were sent to me by L. Colonel Bellingham, subscribed with his own hand and Master Pickerings, with fifty names more, which with his Letter of the 2. Novemb. 1645. I received since I came into prison. john Musgrave November 10. 1645. The Information of Edward Smith against William Cape, Robert Chambers, and john Jackson, etc. FIrst, Sheweth that Master Richard Barwis, a Member of the Honourable House of Commons, hath sent down his servant with certain Articles exhibited to the said House, against the evil government of the Commanders Officers, and Committees in Cumberland and Westmoreland, and hath published the said Articles with other writings two or three several days in one Church, saying, That those which will deny subscribing to the same, should be no more troubled. 2 That the servants of the said Mr. Richard Barwis, with one William Capt, Col. Lawsons' Tenant, and a Quartermaster, doth go up and down the country, parswading, threatening, and desiring such as subscribed the said Articles, to deny the same, in all, or in part. 3 That the said parties so employed, finding of such that subscribed, do inquire after others of the same name, and procureth them to disclaim subscription, and subscribe to what they desire, as John Wilkinson of the Gilbank, for john Wilkinson of Loeswater, and Thomas Symm of the Newtowne, for Thomas Symm of Ederside, and Thomas Chambers of Hartlow, for Thomas Chambers of old Bawbrey, and so others. 4 That the foresaid Cape being thus employed, did come into a house where Edward Smith, servant to Mr Osmotherley, was, and begun to examine and question the said Edward, about subscription to the said Articles, but the said Edward refusing to make answer, he not showing any Authority for his so examining the said Cape, did there-upon say he would commit the said Edward by Authority he had, and so laid hands upon him, but the said Edward making an escape, the said Cape did command some men to fellow, and he himself laid wait for him, and sought houses where he suspected the said Edward to be. 5 That with the said Cape there was one Robert Chambers, and one john jackson a Quartermaster, which gave the said Edward Smith reproachful speeches, the said Chambers wishing that the said Smith had been Smothered in his Mother's belly, and said if he could get him at the Abbey, he would kill the said Edward, and jackson the Quartermaster said, the said Edward was a seducing fellow, in drawing some to subscribe the Articles, and the said Edward had cost the Lop of Holme, twenty-score pounds, in being an instrument to Mr. Osmotherley, now a solicitor for the said Articles, to raise the Holm in Arms for the Parliament, Colonel Hodleston an enemy, coming against the same. 6 That the said Cape said, if he could get the said Edward, he would take a leg or an arm from him; the said Cape did also send word to Mr. Osmotherley, that he should not keep the said Edward Smith for a servant; Witness Edward Smith, Thomas Grave, John Satterthraithe. This information written with Edward Smiths own hand, was by him sent and delivered unto me about the 12. 4. mon. called April 1645. John Musgrave. The complaint of john Robinson of Mosser, and Francis Smith of Egermond against the Committee of Cumberland Showeth that the above named persons, who have suffered fining, plundering, banishing, and imprisonment, for the cause of the Parliament, having their dwelling houses, door, and windows broken, and violently rob, cruelly bearen, and blooded, also being mocked, and called thiefs, murderers, and much more, and all disaffected persons to the Parliament, whereupon we made complaint three several days unto the said Committee, and could have no redress, not so much as our witnesses examined, but we ourselves threatened with punishment, by the said Committee, and after this our sufferings under great Malignants, without cause or offence committed by us, thus we were made a prey unto the will of Malignants, by reason of injustice, and for our labouring for Justice, we are exposed to further and greater misery. The Complaint of Margaret Robinson of Pardsay Widow, Against Sir Wilfride Lawson Colonel for Cumberland. Shows THat the above named Widow Robinson, being plundered by Francis Story, Captain under the command of the said Colonel Lawson, of some certain goods, to the value of about seven pound, where-upon I made complaint to the said Colonel Lawson, five several times, by which I was put to great trouble and charges, near half of the former losses, to the great rejoicing of many Malignants to know me▪ who stood still desirous to see our Country possessed by the Parliaments forces, and the Enemy therein suppressed; to suffer so much by them, and not to enjoy the benefit of Justice, by the said Commanders, though voluntarily I promised half of the same to the public purse, yet for all this could not get any satisfaction. This complaint was sent to me in 2. Mon; 1645. John Musgrave To the Knights and Burgesses Assembled in the Commons House of Parliament The Humble Petition of a well affected party in Westmoreland, and Cumberland, for Mr. Musgraves Liberty. THe great care this Honourable House hath had of this distressed Kingdom, together with the distressed condition of these two Counties of Westmoreland and Comberland, maketh us again to be humble suitors unto this Honourable House, that as it hath pleased this Honourable House, to establish a grand Committee for accounts for this whole Kingdom, impowring them to nominate a sub Committee for accounts in several parts of the same, to act according to the Ordinances of this Honourable House made in that behalf, which grand Committee having appointed within these two Counties, and there-upon hath ministered the Oath expressed in the Ordinance, unto Mr. John Osmotherley and Mr. John Musgrave, two whom they had appointed for execution of the same; Persons of approved fidelity in this grand Cause, and entrusted by a well-affected party of the said Counties, to present the great grievances of the same by Petition and Articles to this House, for which we return hankes unto this Honourable House, as also unto the said grand Committee of accounts, but since it hath pleased the all Director so to appoint, that the said Mr. John Osmotherley being to return into his Country, having the carriage of the said Commission and Ordinance, had the same taken from him in his Journey, being likewise rob as of the said Commission and Ordinance, so of his horse money and other things; And the said Mr. John Musgrave being by a Committee of this Honourable House imprisoned, whereby these distressed Counties groaning under the great oppression of Commanders and Committees, doth find themselves no way cased, but continually more burdened, without great care of this, Honourable, will tend to the destruction of those Counties. Your Petitioners humbly pray this Honourable House, that in porsuance of your former care, that the said Commission with Ordinances may be again sent down to these two Counties: And that Mr. John Musgrave who cannot be touched with the least reproach of infidelity to this Honourable House, and the Commonweal (as we are confident) may be enlarged, and enabled together with Mr. Osmotherley and others to act in the said Committee, as they have taken the said Oath, and that the said Petition and Articles exhibited to this Honourable House, by the said Mr. john Osmotherley and Mr. john Musgrave for these oppressed Counties may be put to trial, and that men known to be of public spirits, may be put in the said Committee of accounts; And your Petitioners shall pray. This Petition was sent me the 2. Mon. 1646. subscribed by 90. of the Gentlemen and other well-affected of Cumberland and Westmoreland. A warrant of the Commissioners of Array in Cumberland subscribed by Sir Wilfride Lawson who was one of that number there. Whereas all the Counties of this Kingdom now lie groaning under the heavy yoke of this unnatural Rebellion, war against their Sovereign, yet notwithstanding all or most part of these Counties, have submitted to a voluntary contribution to his Majesty, towards the maintenance of his Majesty's Royal Army, Cumberland and Westmoreland only excepted, and there-upon information given to the Lord General his Excellency, of our slackness in not addressing ourselves the same way as others did, who there-upon had given order for sending three thousand horse to be billetted among us, and some before that time billetted in the Country, if not by the careful solicitation of Sir Philip Musgrave and Sir Richard Graham, who were sent from both the Counties, his Excellency had not been diverted from that way, would have ruined the Country, and thereupon such horse as was already billetted, were by his Lordships command removed out of the two Counties, and whereas his Majesty in the late war with the Scots, did by his Royal proclamation command all his Freehoulders in chief, to be attendant on his Person at York, yet such was his care over this County, that his Majesty by his warrant under his prime Signet did discharge these Counties of the said Proclamation, all which acts of grace, and to prevent the biletting of horse among us, and other inconveniences that may happen unto us by our neglect, we having taken into consideration, do hereby testify our obedience to his Majesty's service, and therefore will and require you the _____ and the Constables of Ribtonand little Broughton, and that you do Assess your whole Parish at the sum of two pound ten shillings, and the same so assessed by that, than you and all of you forthwith demand, collect and receive of the said Inhabitants there, and pay the same to Leonard Dikes Esquire, high-sheriff of the county of Cumberland, at Cockermouth the first day of April, to that end the same may be presented to his Majesty as a free contribution of his well-affected subjects in Cumberland, towards the charge of his great affairs, fail not as you tender the furtherance of his Majesty's service; Given under our hands at the City of Carlisle thirteenth of April 1643. Richard Graham Edward Musgrave Philp Musgrave Henry Fletcher Wilfride Lawson Patricius Curwen William Dalston George Dalston Thomas Dacre Sir Philip Musgrave Commander in chief over the King's forces in Cumberland and Westmoreland, and Leonard Dikes a Commissioner of Array their warrant against Henry Bluthwait and Mary his wife Cumberland FOrasmuch as we are informed, that Mary the wife of Henry Bluthwait is one that doth not stand affected to his Majesty's service, and is suspected to disperse scandalus pamphelts. These are therefore to will and command you, that you take and arrest the bodies of the said Henry Bluthwait and Mary his wife, and them carry before the next Justice, to enter in Recognizance with good sureties, not only to appear at the next Sessions, but also not to departed this County without Licence of the commander in chief, whereof fail not. Given under our hands this nineteenth of April 1644. Philip Musgrave Leo. Dikes To the Constables of Withope Seckmurther and Embleton, and if they refuse to become bound as abovesaid, that you commit them to the Gaol at Carlisle. Philip Musgrave: A warrant of Sir Wilfride Lawson then a Commissioner of Array and now high-sheriff of Cumberland, and Commander in chief over the Parliaments forces there. Cumberland SIr Wilfride Lawson Knight one of his Majesty's Justices of Peace within the county of Cumberland, to the Constables of Seckmurther, & to the Keeper of his Majesty's Gaol at Carlisle, whereas the said Constbles of Seckmurther had a warrant from Sir Philip Musgrave Knight and Baronet, and Commander in chief of the county of Cumberland and Westmoreland, and from Leonard Dikes Esquire, to arrest the bodies of Henry Bluthwait and Mary his wife of Sickmurther aforesaid, and them to bring before the next Justice that such course might be taken as to Justice appertaineth, in pursuance of the aforesaid warrant, the said Constables brought the said parties before me; but the said Mary Bluthwait the wife of the said Henry Bluthwait snatched up the warrant and doth detain the same. These are therefore to will and command you the constables immediately upon the receipt hereof, to convey the body of the said Henry Bluthwait for refusing to observe the said warrant, and the said Mary his wife, for the misdemenour aforesaid, as also for refusing to observe the said warrant safely to his Majesty's Gaol at Carlisle, there to remain until such time as he and she shall be enlarged by due course of Law Isel. 6. May 1644. Wilfride Lawson Upon this warrant Bluthwait and his wife were imprisoned the woman was bound in a Cart, with her face and head upward, and under the horse tail, and the horse so driven that he galloped with her to the danger of her life, and before they put her in prison caused her to be stripped to her smock, under pretence of searching for suspected papers, and afterwards Henry Pearson and james Pearson Brothers and two Delinquents, Attorneys, gave direction and command in the name of Sir Wilfride Lawson to lay her in Irons. Philip Musgrave Baronet, and Simon Musgrave Esquire, two of his Majesty's Justices of the peace within the county of Cumberland: To the Constables of Penreth, and all other his Majesty's Officers and loving Subjects within the said County; as also to the Keeper of his Mejesties' Gaol at Carlisle, and to every of them greeting; Whereas we are credibly informed that Richard Crakanthrop late of Stickland in the County of Westmoreland Gentl. hath lately much strove to seduce and mistead his Majesty's loyal subjects within these two Counties of Cumberland and Westmoreland, (since he got his enlargement out of prison) from their duty and allegiance to his Majesty, the Laws of the Kingdom, and Religion established; and hath likewise publicly attempted to raise and levy war within the two counties before named, and hath also publicly opposed himself against those who are put in Authority by his Majesty, to the evil and wicked example of all his Majesty's well-affected subjects. These are therefore in his Majesty's name to command you, that you do carry the said Richard Crakanthrop to his Majesty's Gaol at Carlisle: And you the Keeper or Keepers of the said Gaol, that you do receive him into your custody, and him the said Richard Crakanthrop in safe custody to keep in your said Gaol, without bail or mainprize until his Excellence, the Lord General's pleasure, of his Majesty's Army in the Northpartes be further known, or otherwise until he shall have a legal trial by Law, for his said offences and misdemeanours, according to the Laws and Statutes of this Kingdom. Whereof fail ye not, at your perils: Given at Penreth under our hands and Seals the six and twentieth day of February, Anno Dom. 1642. Philip Musgrave. Simon Musgrave Copia concordat cum originale. Per me Richardum Kirkbrid-tum Jailer. Witness hereof, Thomas Gibson. John Cleasby. A Letter of Sir Patricius Curwen Baronet, Knight of the Shire for Cumberland, afterwards a Commissioner of Array, written with his own hand to his brother Eldred Curwen, a Papist, and Captain Lieutenant to Colonel Hudleston. BRother, I should have been glad to have heard from you by a line or two, I must confess the business you undertake is of so high a concernment for his Majesty's service (in which I beseech God send you all good success) as I durst not adventure mine advice to you, lest I might have been thought a hinderer to that service, to which no man living can wish more happiness: No man can blame me to say that mine adventure in it (of three brothers) is more than ordinary, all things considered. And if I should wish two might have served, and you had stayed I deserve no great censure for it. I am very sorry for nothing but that you took not mine advice, but your own wisdom, I might and do submit unto, and pray for your good fortune: And I am confident when you reflect of my former carriage towards you, and my affectionate valuatiation of you, you will think that such a hazard doth work with me, knowing how things stands with me; if at your leisure I may hear from you, and that you have such a Command as is worthy of you, you shall do me a favour, and tie me to let you hear of the welfare of your friends here: In the mean time accept my best wishes and prayers for your good success, and remember my love to my brothers with you, and my service to your noble Colonel; and be ever assured you shall never find me wanting in any respect that may most manifest how really I am, Sir Work: Febr. 6. 1642. Your affectionate Brother and servant, Pa. Curwen. I doubt not but you will be careful that all be done fair at Wotten castle, where I hear you are, that no wrong be done there, either by your own troop, or any others, that you can help, for I dare say my brother Darcy thinks you very welcome there, especially if you have made choice of that place yourself; this enclosed I pray you do your best in it, the man's name is William Peale. Extracts of several Letters to john Musgrave. FIrst, Beloved here are the Black-band, and many of Prince rupert's Forces all the country over, it is thought no less than five thousand horse and foot; Sir Thomas Glemmon hath been here with the Governor and the Commissioners of Array, they have been these three days in consultation at Penreth, what was done there is yet unknown to me, the Forces that hath been raised already in this country lie at Penreth with the rest of the foot of Prince rupert's, the marquis Mountrose, the Earl of Niddesdaile and Hurry are all in this Town. The marquis of Newcastle did grant the lands of Master Barwis, the Parliament man, to William Mercer, your cousin Sir Edward Musgraves man and our Gaoler, who did thereupon seize of them, but it was obtained by Sir Richard Graham to prevent another, for he did no more but seize, and Master Barwis his wife doth enjoy the same as fully, nay, more fully than any man of whether side soever in all this country; it doth only serve for a protection. Your cousin Sir Edward and Sir Richard Graham had it articled against them to Prince Rupert, that they had obtained a protection for Master Barwis, and that between him and them Letters did pass; and they were thereupon accused to be on the Parliaments side, but came fair off, and this testimony is true. Now how others suffered is known to you, while I am writing, news is brought me that all the Gentry of the country are coming to this Town, Sir Philip Musgrave, Sir John Lowther, and Sir Richard Graham and the Sheriff, Sir Edward Musgrave your cousin, who came not here this long time, because of the breach between them and the Governor, who with Dikes did, as I said, Article against them. If Master Barwis (as you writ) was the hinderer of the Scots taking in these Countries, then is he guilty of the blood of all these country people that have been slain, of all the blood shed by them, of all the spoil done now to this country, if not of the wrong done of late in Lancashire, of the spoil done by the Black-band in Scotland, of all the great charge, the Scots have been, and are at, by keeping the Border, besides many of the Gentry of this country that neither were nor would have been against the State at the coming in of the Scots, that have been and are drawn to be enemies to the State, to the routing out of themselves and their posterity. Carlisle Gaol, 10. 8. mon. 1644. RICHARD CRAKANTHROP. SEcondly, Beloved, I have laboured above one whole year for the good of this my native country; and for the good of Scotland without ceasing, and all this with the Scots I have given divers reasons unto them of weight, warning and foretelling them of their danger before it ensue, whereby they might have had time to have prevented it, but all in vain, it was the cause of my abode in this place, when I might have been exchanged upon demand all the last year, whereby I have lost the time I might have done good elsewhere, for I suppose upon the reasons I shown I could have brought the business to pass, and have done good service to the State; I have incurred the danger of my life, in as ample wise as if I had been in every battle, for though God hath kept the thing from them, yet do they intent evil against me; the Sheriff Sir Edward Musgrave hath been with me and my fellow prisoners, to press us to be soldiers for the King, and that with such violence as to threaten to take our lives for refusing as Traiters; I pleaded my tenor of Knight's service, and that I was not by law to be pressed for a common soldier, who yet told me his voice should go to take our lives, and they have appointed a Gaole-delivery to be within fourteen days, as he told us, to try us; you know what manner of men they be, it boots not to speak to them either law or reason: I put was in close prison for refusing to take up Arms with the Earls to invade Scotland; and now the Sheriff would needs have irons presently laid on us for refusing, affirming we were in the highest degree of Treason; the Undersheriff and our Gaolour persuading what in them lay, and but that he had no irons, (for our Gaoler would find him none) he had laid them on us: by this you may perceive what danger I were in, if but one Letter came to light; they have made a pair of gallows in the Marketplace. I purpose to spend no more time with the Scots, but employ myself another way, and get from under the hands of Tyrants; this day they hanged one of the Moss Troop upon the gallows in the Marketplace, by this view my danger; and put me to no more business until you have some that may exchange me, as you love my life. Farewell, RICHARD CRAKANTHROP. THirdly, Beloved counsel by some is respected, as the Counsellor stands in their esteem, of others, as the Council is without respect of the person, the latter of these have good success wi●● the former perish; I shown several reasons of consequence, that these Counties should not have been neglected, and what such neglect might bring forth, was (I may not condemn the wisdoms of States) yet I will say, 〈◊〉 me it is very strange, that the Scots should invade by the East, and leave themselves open by the West to their enemies, whom I suppose they expected were asleep, but ●●●h advantages were able to awake the drowfiest spirits. I am now to relate unto you, that the Earl of Niddisdaile will invade Scotland by this way, who is now coming with five more Earls and Lords with him, and divers troops of horse and foot rai●ed of part of the Kings, and part of the Earl of Newcastle Forces into this Country, ●nd here to raise men, and so presently for Scotland, two thousand were sent hence to Newcastle, two thousand will be the least for Scotland, they expect many Scots to as●●. The Scots will have a sufficient trial of their enforced Covenanters and invented Presbyteries they so much glory, Mich. 7.13. Yet I wish I could bring a spoonful of water to quench this flame, I writ a letter to you when your Mother sent you the 48 shillings, in my letter was enclosed a ten shilling piece of gold for you, this makes me suspect you are not well dealt with, neither I and the State may suffer by the loss of it. As I then writ the situation of these Counties, is so advantageous that it may either help a standing Army, or relieve distressed forces, the Sea by the West flanking it, no place of landing but Workington & Whithaven, two forts there made, but irregular one would be sufficient to keep the Havens being manned with a few soldiers, against any sh●ps that there can land, the South mountains only towards any Enemy, one strait passage Stainmoore, which might easily be kept against 1 000 with 500 soldiers, one small irregular fort being there made▪ the other strait ways Grayrig house, Crook-daile house, & the way between Furnessefel & Milholme they face towards Lancashire, so there is no danger as the case now stands, but if danger were they are as easily fortified as Staismoor, on the East, all mountenous, no passage until you come to Naworth (which way the Earls now come) which were no great business to defend, likewise now none but out of Scotland, of which (as the case now stands) I for bear to speak, lo here a brave & strong Camp easily defended, some way about 60 ●0 no way under 40, or least 30 miles broad, here no starving, here may you both plough & sow, hither might any brethren forces repair, and gather n●w strength, and stop the pursuing Enemy, no question if the Enemy knew the advantage of this place might afford to routed forces at would not be left at random as now it is, these Counties must either therefore be taken in or let Scotland be sure to smart sound by them: any ways these Earls must either be metwith before they get into Scotland, or else it will be dangerous, but if they get footing then forces must be spared from the Scots Army, now at Newcastle by Nawarth, to come and subdue these Counties, and so either go on the back of the Earls, or at least not more aid go to them this way, this done, then are the Earls enclosed behind and before, and shall surely come to ruin, to help the Scots, Lancashire must be desired to set on Kendal to divide the Counties and it will be found the Scots will have feeble Adversaries in these parts, the Commons will be more ready to lay down their arms then fight, had they any hope of their own peace. I would have you with the Commissioners of Parliament, and make these things known to Mr. Darley, remember me to Mr. Osmotherley, and though I know, him not by face, yet yet I wish him peace, and that you would go together, it may be God will find you a resting place, I could wish you in Northumberland, God dispose of you best to his glory, your Mother takes all very very patiently, grace and peace be with you and the Israel of God: let me hear of you, for thereby am I much comforted: Farewell. Rich. Crakanthrop. This letter was sent some 20 days before the Earls invaded Scotland, and took in Dumfreze. FOurthly, Beloved, the Earl came this last night to Carlisle, their forces is sai●●o be 5000. Mountrose is Lieutenant General under Prince Rupert, who i● General against the Scots, I was a true Prophet to the Scots, that these Counties would be as troublesome to them as Newcastle to the parliament, here are great forces raised to join with the Earls, they expect a grea●● part●● in Scotland, it is said 36 Lords are all of the band, the Presbyters and Synods will God find work for, get from them, and let all good people make ha●● a way; my advice is to go to the Parliament Commissioners, the Lord direct you, make haste away, for the Earls it may be in on the Lords day, but within seven days at furthest, acquaint the Scot● therewith, but speak not of me, but to the Parliament Commissioners, remember me to Mr. Osmotherley and M●nge ●●ther●, I sent you twenty shillings, consider well my former letter, there was one Thomas 〈◊〉 [whom I sent unto, upon my other letter writing] he of zeal to his Country left this side and came to bring them this news, whom they have imprisoned, see how erroneous human judgement is, I witness the man's zeal to his country made him hazard his life, which he had lost, if be had been taken here; I was acquainted with his purpose, and this witness is true▪ Farewell. Richard Crakanthrop Carlisle Gaol This letter was written the sixth day of the week, and I received it on the Lord's day after, early in the morming, and the day following the Earls came into Scotland and took Dumfreze. John Musgrave Extracts of several Letters sent to me before and since I was Committed. FIrst, Beloved; the affairs of these counties stands for the most part as they did, our Counties should have besieged Carlisle, and the Scots have gone away, and have lain at Penreth twelve days, but the Scots would not remove, Brigs is a forward man to have the Scots go away, himself would be Commander in Chief before Carlisle; the County is more and more Malignant, would gladly have gone to Carlisle, but not for any good, for they profess against the Scots, say for the Parlialiament, and are for the King, it will be a wonderful work if ever the Country bebrought to affect the Parliament, even to fetch water from the well of Bethlem, no thing is done for the general good, every man's private is so looked after, the souldiersly in free Quarter, yet we pay taxes, I had all teer from Colonel Cholmeley, wherein he writes to me of the unfaithfulness of Colonel Lawson, he was to raise a mount nearer to Carlisle than therest, Lawsons' horse and foot was to attend the work, when the town sallied out slwe divers of Colonel Chalmeleys men, hut and took many, and Lawsons' men never offered shot, and upon examination it was found they had not powder. Richard Crakanthrop 26. 5. Mon. 1645. SEcondly, Beloved, if the smallness of our forces be but considered, I think there hath been no greater oppression used in any place then in this Country, Murders, Rapes and robberies is common there, is not any respect had by our Commanders whether he be well affected to the Parliament or no, he shall have no favour for that, nay if it be thought that he is zealous for the Parliament, then shall he be hated, it is so well known my affection that I dare not come at Apleby, but am afraid to be Imprisoned, and Colonel Brigs hath threatened it, yet are Delinquents protected, Sir John Lowther is Inlawed, the Commissioner Mr. Barwis, and it is said Sir William Ermyne hath been feasting at Low there, and presently Sir John Low there appears from his Ambush, upon the going of the Commissioners out of the Country Mr. Barwis and Sir John was with the Colonel, and some of the Committee after they are gone, Sir John is sent for by a party of horse, and had to Apleby, the next day set at liberty, and hath since collected his tithes and rents, yet hath he sent his Some beyond Sea; nothing is done about Sequestrations unless it be small things to put it in some men's purses, of all the noted Delinquents Dudley only is a prisoner, committed by Colonel Cholmeley; the Commissioners before their coming for London, had received your Articles, since when the Committee of▪ Westmoreland have sent out their Orders, that if any have any cause of complaint against any officer, he shall be heard, yet before no man could have any redress, neither I think will yet have, Mr. Dalston is at his own house, and now the Delinquents are in their former state. An information was showed me against Richardson the Vicar of Brugh, and it did accuse him to have in his prayer before his Sermon, prayed to make the rebellious Scots like Oreb, and Zeeb like, Zeba and Solmunva, and that God would send deliverance by Prince Rupert or some other man, which hath been informed the Committees, and I think the Commissioners, for the party went unto them, being neglected by the Committee; but though he be a great Delinquent, yet is he protected in person and estate, these Counties are as Malignant as ever, the Officers seek nothing but the ruin of all, the Kingdom will be utterly ruined, if they employ not men of conscience, in their affairs. We hear of a new list of a Commander which is much desired, for these by their spoil make the people believe the Parliament intends no good to the Kingdom, but like the persons employed in their service, look for their own ends; which thing seduce many, even all but such as know the good intents of that house, let not the cause go back for money, pains I know it wants none: Salute our friends, and Mr. Osmotherley; the God of peace bless you in your business, to whose protection I commit you. Your brother in the Lord jesus. Richard Crakanthrop Penreth, 22.7. Mon. 1645. An extract of another letter to J. M. BEloved, this new Commission is now in setting in this Country, it was told me I was a Commissioner, but I think it was in derision; I wonder I hear not from you concerning it, it being a business of so great importunance, and once settled unalterable, if these men command, all is wrong, your being at London was thought would have procured us favour in this Country, but it is supposed you are waved, and we are the more despised; I could you I durst not come at Apleby, nor will I at Pe●reth any more, if no lover of God have the Command here, we shall be as much as ever in slavery, if it be possible, and the Lord give a blessing, you must not fail to look to this, or else you and we cannot expect here to live: It is said Mr. Barwis promised Colonel Brigs that he should Common here, and Lawson in Cumberland, and be Governor of Carlisle, as they themselves give out; confer with Mr. Rigby, and acquaint him that the Militia here be in Delinquents hands. Mr. Barwis shown the Articles to Colonel Brigs and our Committee, who thereupon sent out their warrants, that if any had suffered by his troops, upon Complaint they should have redress, but the Complaints are so great, that neither his not the Committees estate●, are able to answer and give satisfaction; Colonel Ch●●●eley told me, that one assured him, that he will prove Colonel Brigs to be the cause of all the business against the Scots, and William Airey told me Colonel Brigs gave a barrel both of powder and ball, to Captain Browne [formerly a Lieutenant under the King's command] for that purpose; nothing is now spoken of Sequestering any, and how should it be otherwise, for how can Delinquents Sequester Delinquents, ask our worthy friend Mr. Rigby the question from me; let the Parliament expect no good from such a Committee: We are all well, God have the honour; salute all our friends; the God of peace prosper you, Farewell. Your brother in Christ Richard Crakanthrop. 4. of the 8. Mon. 1645. little Strickland. THirdly, Beloved, I received your ninth and tenth letter, and this is the ninth of mine, I refuse to excuse myself seeing others have done it, I perceive you have got a Commission for taking accounts of the Committees, but notwithstanding my being in it, if some of more note be not joined with me, it will avail little, so if my Lord Docre can be put in, and Mr. Bellingham of Gathorne, he writ to you before, the Lord Dacres seeing the badness of the Committee, told them if the Devil were here he would find friends and partakers, he gave me great countenance before the Committee, to their grief, I shall be glad to join with such a one as the Lord Dacres, I much desire if it be possible, to have a Commander in chief for both these Counties, it will prove beneficial to the whole Kingdom; in Cumberland may the Irish land at their pleasure, and are daily looked for; and so may the Dane come about the Isles of Scotland, where our ships come not, no place stands more need, Delinquents and mean men are put in high places, either of which enough to ruin a Kingdom▪ Jervis Benson and Br●mthwait, the first made Colonel, yet hath but a house and no land, his Education no better than a Register, [formerly under the Bishop of Chester] who yet executes that office, the other you know and hath little, a L. Colonel, but will be rich enough if this world would hold, I sent you before an information against Lawson, but it perished with my letter, and many more things of consequence, which I cannot keep in mind, Farewell. Richard Crakanthrop. 12.10. Mon 1645. little Srickland An extract of a Letter from Master Crakanthrop to Master Osmotherley. Sir I do much admire that you are not long since wearied out, with this long and tedious business: your friends, and I do much admire of your courage; the truth is dwee are all grown faint, and I had rather that it were quite given over, then be held with a continual expectation, you know and so Mr. Musgrave, the strength of our friends who purpose only was to discharge themselves, in making known their Country's sufferings, but if no cognizance will be taken thereof, yet do they hold themselves discharged, and not all ways held to consume the little they have, with continual attendance, it may be you will think I do not herein play the part of a comfortable friend, but do rather weaken, then strengthen you, I must confess I did expect to have received some better satisfaction, than the last Orders did give me, yet do I refer all to your wisdom, and will always endeavour to apply myself to give you satisfaction in your desires, and to submit myself, to your judgement; I have not written to you this 14. days, we have had the Enemy to keep us so busy, who came from New wark, with about 1500 horse under the command of the Lord Dighy, and at Sherburne suffered some loss, and so marched for Cumberland by Millam, upon whose approach Baronet Curwen, and Colonel Law son was together at Isell, the Enemy came to Workinton, where they found the house provided of all things for their entertainment, from whence they went for Scotland: And about Anon, Sir John Browne with some few horse, fell one them, taking the night's opportunity, cut of divers, and took divers Prisoners Lawson called the Country together, making a show to do something, but did nothing, only withdrew his companies, which kept the water at Bownesse, whereupon the Enemy retreated back, to Workington, but stayed but a day, the Baronet came to Penreth, but the Enemy was frustrate, and went to the I'll of man, the rest dispersed and fled, being rather smitten with terror from God, than cause of such fear a party came over at Mooredovocke, yet none give notice to the country before them, only I was told of that parties coming up Cunnerkeld, and with as good a party as I could make of the night time, did make on to Strickland head, and missing on them, we went for Rosgill where we heard some of them were, but they had not there stayed, so we miss of them, yet are the most of them taken, in some place one, some two, and some three, and many in Lancashire, so they are utterlyrouted, and and overthrown, what ever their design was, which some say for Scotland, to Mountrose but I rather think for the landing of Irish, who missing of them, upon their first approach, made as they had been for Scotland, but returned again, and so missing again, above workington dispersed, some of Cumberland fled to them, John Scenehouse of S●lkild, of Whitehall, and Sir Edward Musgrave but I think you will have the relation from Sir John Browne, who did gallantly, who have given you information enough, Mr. Bellingham doth not yet send the Articles, and whe-●●er he will or on I know not, he did send a petition with articles to York, to this pur-pose, he hath had letters from Sir Ralph Ashton, and Sir Thomas Witherington, that if he would have a Solicitor, the time was, or not at all, we supposed you would have seen to it. The L. Wharton of late hath put a great many of his, Tenants that had formerly been of the Committee, of this Committee for affocation, we thought to have heard from you of this too, if a Committee be obtained, I wish Mr. Allen Bellingham were in it. I sent away your letters to your wife, who I hear is well; she writ to you twice to my knowledge: desire Master Musgrave to look to his own business: his Mother is well and the Children, but cannot get any thing out of Vaux for her maintenance, desire him to see what he can do with the Committee of Justice for her, and to advise us. The Lord Dacre is come to London; desire Master Musgrave to return him thanks for his mother, and to tender my service unto him: he will I hope acquaint you with the Cumberland Committees Carriage; so Sir referring all to your serious consideration, I take leave, and will always remain, Yours in what I may, Richard Crakanthrop. Little Strickland the 30. of the 10. month 1645. To my Much respected friend John Osmotherly or to Mr. Musgrave in his absence. Lieu. Col. Bellinghams' Letter THis is the Countries own petition for I transcribed it, and sent it them at York; if you can make any use of it I pray you delay it not, for loss of time is dangetous; thus leaving it to your consideration, I remain now as ever, Your assured friend James Bellingham The 2. Novemb. 1645 For Mr. John Musgrave and Mr. Osmotherley. FOr news, we hear Master Barwis hath so prevailed with my Lord Grace, as he hath got a Commission, to Sir Wilfride Lawson, Master Briscoe, Master Lamplongh Master Barwis, Master Tolson, and Master Curwen, as some of them report, to be Lieutenants, Justices, and Committees of accounts for Cumberland, in whose hands the monies and goods remains, that is to be accounted for, John Osmotherly 26. Janu. 1645. BEloved, your mother is so oppressed by Mr. Vaux, through the help of Nicholas Mawson, the Earl of Strafford never put an Arbitrary power more in execution, than these Committees, they would needs have Townson your sister's husband to be bound to the behaviour for coming to your mother, and have given their Order to Vaux that he shall not come their, nor lodge there, but yet not him only, but the intent is that none shall be assistant to her, or do her service, yet did Towenson Stoutly tell the Committee and Vaux, that he would come to her when she desired him, and do her service, and stay as long she would: I can say no more unto you; knowing your labour herein, for freeing us of these Arbitrary governors that regard the Parliaments Orders, and theirowne Commissioner no more, nay not so much as those that were Enemles to the Parliament, their will is their Law and Order they go by, and now they think they may do what they will, no complaint is heard against them, you know they took eight and twenty beasts from me (bought in your presence) without a law, but their own wills: Whereupon their Order came out, what power more Arbitrary? Nicholas Mawson the great Adversary of your mothers, and one that doth what he will, is now coming to London, he is the great receiver of all the sums of moneys both for the Scots and the Committees, and yet is he of the Committee of Accounts, you say nothing of that business to me, whereof I wonder; I hope you received our Petition by Henry Dalton, surely if the Grand Committee be suffered to name such a Committee, who are all, unless two in either County for mere fashion, the one John Thwaits of Apleby [one who never flood for the Parliament, but for the Enemy] they are all accountable, nay, they had the setting, receiving, and disbursing of all monies, and are the principal men to be accountable. You sent me a Petition to subscribe but you may easily think that if the things be never so just, yet will none now subscribe from our hands; you have brought us so fare in disgrace with all who look upon the outward face of things, and not at the right end. Farewell Westmoreland. Richard Crakanthrop. Written about 4. 4. Mon. 1646. and received the twelfth of the same month: John Musgrave. A Letter from my Mother. Dear son, the great distress I here suffer by the means of Master Vaux is unsupportable, I cannot obtain from him any of the Quarterly ten pound which he is to pay me, as you know, and there is now an hundred pound behind, for be hath paid me none since the Earl of Newcastles Forces came into these parts, pretending me to be (while they bore the sway) for the Parliament, and therefore kept my Rent bacl, and since the County was subdued by the Scots, he hath got such favour of the Committee, that they would not afford me any thing that I could get of him; I hearty desire and authorise you to present this my Petition to the Parliament, who, I hope, will take it into consideration, and grant some relief suitable to my estate and means which he hath got by me [being two hundred pound per Annum, he having then (though a Gentleman) no estate at all.] So with my prayers to Almighty God to enable us to go through the vale of misery to the glory of his Name, and comfort of his people, which shall be the daily prayers of Your distressed Mother Isabel Vaux. Catteden, the fifteenth of April 1646. To her son Jo. M. The Copy of a Letter sent out of Westmoreland, to a worthy aged Citizen of London. SIR: THe great troubles that the poor people of God in the County of Cumberland are in, and the knowledge that I perceive you have of the same by Master Musgrave our brother, of whom, as I understand, so ne who otherwise faithful (but herein misinformed, have complained unto you) I thought it my part to certify you of the constant fidelity of our brother Musgrave, and of the hard condition of the poor Church of God in Cumberland the cause of our great grief. God who worketh as he will, when he will, and of whom he will, hath in that barren County of Religion, chosen unto himself a people, that to the glory of his Name, are in Church fellowship, and I may say a more faithful people is not to be found in this kingdom, none more desirous to know and practise the truth, yet poor in worldly estate, and of mean degree, which doth wide open the mouth of adversaries, and make them more odious to the world, especially the Committee. Now they having a good affection to the Parliament, made complaint by articles exhibited by their agents Mr. John Osmotherley and Mr. Musgrave of the Committee, and others, of which we have got no expected answer, enough to affright us and others from watching over our Counties and the public weals good: but this we purchased, even envy, for which doing this poor Church of God is so threatened ●●en to be reigned: but he that planted, I hope will defend. About the first of this month, the Committee and Colonel Lawson desired the said people to give them a meeting, and they would bring some Ministers to give them satisfaction as they pretended, but the truth was to entrap them, for they brought a Priest one Linger who was come out of Ireland, and was reported to them to be there of the Prelate's faction, and a persecuter of the contrary party, he mightily reviled the poor harmless people, who was not admitted to dispute, but was examined, accused, and arraigned, and two of them committed by Colonel Lawson and the Committee to close prison, the rest so threatened to deter others, and to make them come to their assemblies. The ground of their Mittimus was, that they should have said in private to a friend, that this Linger had persecuted in Ireland as they had heard, yet Linger himself fearing to have them committed, upon this, desired their liberty, to whom Colonel Lawson answered that they were not committed for that, but for public business; his meaning (as was plain) was their petitioning the Parliament against him and his fellows. The Committee sore examined them of their covenant, and other things about their Church and order, and writ what they would, intending to send the same to Mr. Barwis a member of the House of Commons, to inform the House against them: It is to be feared, that they will certify much untruths against them, to make them contemptible, and to procure some order, to restrain their meetings or liberty. Now I desire of you, that if you hear of any strange thing informed against them, not to believe it, but rather to persuade the contrary, for no foreign nor strange thing do they maintain, but our own grounds, and that you labour in their behalf, I humbly pray that things may be examined (before they be condemned) surely, you shall do God good service, for many are looking to the truth and assemble with them; and if trouble fall upon them, may be hindered in their progress: this Church hath increased to near forty persons, and forty more separated, not yet admitted, and in that Country which makes the Committee so to starme against them. Sir, I perceive you have acquaineance with some people that think well of Mr. Barwis, I pray you certify them hereof, and how much the Gospel is hindered by his friends, and such as have employment by his means: Yet I must tell you the men are again at liberty, how long we know not, for they are sore threatened, and all or the most of them are Independants that did article and petition, I doubt not but you will carry the business judiceously, for the glory of God, and the peace of his people the thing above all things, I most desire, and shall ever rest, your brother in the Lord Jesus Richard Crakanthrop Westmoreland, 27. 1. Month 1646. Sir, I humbly thank you and your people, for your kindesse to our brother Musgrave, and I desire of you to have a good esteem, what ever be said to the contrary, for his fidelity will aloud preclaime itself to the world, to the trouble no doubt of oppressors. The Copy of a letter sent by Master Isaac Autrobus, Minister of Egrement in Cumberland, to Mr. William Ben Minister at Lambeth, upon the 27. of the first month 1646. Dear Sir THe burden of the ministry (as you partly know, for I did discover my mind unto you) lieth heavy upon me, you see the Lord hath revealed the unlawfulness of our calling to the eye of the world, and now that we are upon chang●ing, it were good that we should learn the right and infallible way to Zion; for then the Lord hath promised a blessing, and life for ever more. I would do as much as the most of our Cumberland ministers, but I have in my eye that which they want. I desire you to be a means to help me to acquire means for my livelihood. I have written to Master Burroughs for his help herein, and to yourself, but I fear all have miscarried. I was indebted before the times of trial, but these have added to my load. Twice was I plundered by Sir Chri. Lowther & John Senhouse, before the Parliaments forces came here, but the Lord Digby & his forces swept all away. It cost me for the Parliaments service this last year a hundred pounds, which I think cordially, well bestowed. I have complained to our Committee for some relief, for the losses I suffered by the Enemy, but no help from them: We have now in Cumberland very cruel times. The present government here by our Magistrates, seems to be matter of policy, rather than of justice, as one kinsman goes out of office on the King's side, another comes in for the Parliament, and so the match is made up again, the oppressors are only changed, but the oppression continues; justice falls in the streets, corruption prevails, those few that be real for the Parliament, are quite discouraged, so that the Cavaliers carries it still, the honest religious men about Broughton are beat and imprisoned etc. so that I fear our misery in Cumberland is but beginning. If the Parliament would do that for us which they have done in other Counties, we might yet enjoy happiness, viz. send down Magistrates, that have not kinted here, than its like there would not be so much partiality. You may be a good instrument for your Country, if the Lord move your heart you shall. Sir, I desire you to consider of these rude lines, and to lend me your helping hand. You have done good to me and your Country. Go on and the Lord the al-director prosper you with the tender of my thankfulness, and loving affections to yourself, I remain, Yours in the surest bond, Isaac Autrobus Egrement 27, of 1. Month 1646. The Copy of a Letter written to one of the House of Commons. Sir, I am bold to be trouble some unto you, in acquainting you with the cause & ground of my sufferings, which are largely set forth in my letters and petitions published to the view of the world, what is mine I am ready to own. Other things of the publishers or printers, I own not, yet as I do not justify them in their do, so I will not condemn them, for truth is still truth, by whomsoever it is spoken. The several charges, the Scotish papers with my reasons for not answering, without deliberation and advice, are in the hands of Mr. Lisle, and the copy of such other things as are in my hands. I have sent you. I am still ready to answer such interrogatories as shall be propouded to me agreeable to Law; but I cannot consent to betray the trust which my Country reposeth in me, neither give way to prove my charge, I have already avowed with my partner, until the parties accused have answered, yet if the same be referted over to the common law (as I have proved in my letter to Sir Arthur Haslerig it ought to be) I am ready to prosecute and make good the same, or else to suffer profalso ●●more. It is strange that I cannot have the parties accused brought to answer, nor delivered up to the law, when as daily the Committee of Examinations commits, and then puts them to answer in criminal causes, before any charge be brought in against them, as I myself was committed and so brought before that Committee: I desire to know the Houses pleasure, whether I may have the benefit of the law, and be admitted to proceed in prosecuting my Country's cause; if not, than I desire I may have my liberty, with satisfaction and reparation for my losses, from Mr. Lisle for my imprisonment, which I have vndergon upon his untrue report. What the state and condition our Country is in, you will better understand by these papers here enclosed, and by this our Counties petition to the House, which I desire you, to present or return to me again. The not redressing of our Country's grievances, makes their adversaries insult over them, and they are now under far more heavy pressures, then formerly they were, under the King's party, our neighbour Countries are very little better, as I am given to understand, in Bishopric. Sir George Vane a notorious delinquent, and a professed enemy to the state, is now made high Sheriff by an Ordinance of Parliament, and so the posse Comitatus, committed to a traitor to the great grief of the well affected party there: Yorkshire is in no better condition, as appeareth also by their petition▪ How those things answers the Parliaments undertaking, promises, oaths, and protestations, I leave it to yourselves to judge. The revolting Welsh may be a caution to you, to commit such high commands and trust to any that have formerly joined with the Enemy. Sir, I pray you as you tender the good of the State, & such as fear God, let these things be timely amended, and let these achan's and troublers of our State, be brought forth and taken out of the way, and deliver us from our oppressors, and as we have never been unfaithful to you, so you shall not find us unthankful. My liberty is very dear unto me, yet little comfort should I have in it, unless our Country be likewise freed from Tyrants and oppressors. I understand there is an Order for my freedom, upon bail. I desire either to come forth a freeman and justified, or else I am willing still to continue prisoner, till the House bring me forth unto trial: Only I desire that the House would take some care for my provision and maintenance, and that I may not be given up into the hands of spoilers, as I was of late, for two of the Sergeants men of your House, under pretence of a warrant from the Committee of examinations, to search my lodging for books entitled (Another word to the wise) would have rob and taken from me my history, and Law books, Bible and writings, if (by God's help) I had not by strong hand prevailed against the Warden of the Fleet, refusing to join with them in any such wicked act, though they imperiously commanded him to assist them, which he rather did, because he saw me willing to give way to their search, even to my very shirt in obedience to their warrant. Sir I earnestly entreat you to take into your serious consideration, what evil may ensue to the State, and what reproach and evil report it will bring upon that Honourable House, in denying us justice, and suffering the Enemy thus to insult over us, and how by thus slighting your friends, ye both strengthen the hands of your adversaries, and weaken yourselves. However, God will not be mocked, who is righteous in all his ways, & will revenge the quarrel of his Saints, to whom formalities and bare professions are always hateful without real tie and sincerity, therefore, whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report, i● there be any virtue, and if there be any praise, think on these things, and then doubtless God will prosper you, which is the earnest desire of him who is, Yours in all due respects, John Musgrave Fleet prison the 4th of the 3d Month 1646. Another Letter to Sir Arthur Haslerig. Sir, I Hope by my former letter which I sent you, that you are satisfied of my integrity and end, in applying myself to the Scottish Commissioners, for the preferring my Country's cause to the House of Commons: And for after time I desire you not to be so credulous, and forward as to condemn, or misreport any, espcially such who have so dear undergone and approved themselves by so many hazards for the public as I have done, and shall be ready upon all occasions, when the same shall conduce to the good of the Commonwealth. Upon the bare report, or suggestion, or rather Clandestine recrimination of the adversary. It troubles me not a little, after so many perils and sufferings undergone, that not only I here, but likewise your faithful friends in the Country are cast into prison for no other fault wherewith they can be charged, but for their good affection and readiness to do you service, whilst the common Enemies and Traitors to the State, are set and do rule over us, contrary to all Law and justice, I expect from you as you are entrusted for the public, and so consequenly engaged to preserve the right of every freeman of this Kingdom, chief such as have suffered with and for you, that without any further begging or puttings of that forth with you, present my petition to the House of Commons which I formerly sent you; that it be your care not to suffer me any longer to languish in prison, nor the Militia with us, nor any other commands and offices be any longer continued in the hands of Traitors and Delinquents, against whom we have already petitioned and articled; and that they be such, is well known to some of your members and officers of the House of Commons: that just ce may no longer be denied us, being the expected fruit of all our troubles, & other engagements, and for which and no other end you sit there, and we have fought, otherwise if you fail us herein, we have just cause to complain of you, and you will discover yourselves to be such as have set up and make yourselves great, by the casting down and ruining them who have chosen you, and have adventured their lives and forsaken all for your sakes, which if you do, it will prove in you the height of ingratitude; but I hope better things from you, and could wish that I may have no cause hereafter further to doubt of your reality and faithfulness, in the due performance of your great Oath whereby you have bound yourself to preserve and uphold the just liberties of the subject, which are daily so much encroached upon, and to assist us to your utmost endeavours to bring to condign punishment, the enemies and Traitors to our Country, and in so doing I shall subscribe myself. Yours as I am the Commonwealth's Servant, JOHN MUSGRAVE From Fleet prison the first month of my Captivity for my Country's cause and freedom. Sir, WE of the Church at Broughton in Cumberland are all well at present though in a marvellous suffering condition from our adversaries, the Lord hath been and is pleased to add unto his Church daily: We need not to desire your assistance for our liberty, for we are confident of your unwearied endeavours therein. We are glad to hear of your courage for your Country; you have our Prayers for the effecting of what the Lord hath determined for us, and we believe that the Lord Christ who hath begun this good work in you will perfect it; and bring down the enemies of his truth; we desire you to go on, be not discouraged strengthen yourself and then prosper: with the remembrance of our loves we remain your loving brethren. Mungo Rothero. John Bowman. John Robinson. In the behalf of the Church at Broughton. The 21. day 4. Mon. 1646. Worthy Kind Coz. Rigby, I Humbly thank you for your favour and good will in my business, showed to my Sister, whom I (not being able myself) got to go to seek relief for me in the high Court of Parliament; having been myself (and my Father, in whom I also sufferextreamly and seldom the like heard of) oppressed by one of their entrusted Servants, being as I think made by the Parliament a Deputy Lieutenant of our Country a Commit man Lieutenant Colonel in effect Colonel, all which (I take it) Mr. Holcraft professed himself to be, and made use of these powers, to the ruin of my Father, myself, and his family, as fare as in him lay, I am not acquainted with the Laws of the Kingdom in that point, but I am sure by the Law of God he ought to suffer death, for violently with the Parliaments Troops under him stealing and carrying a way my Nephew, my Father's apparent Heir, to my Nephews, extreme grief and terrer, and all ours, for my self, I have often heard of Magna Charta for which (and Religion) I have freely ventured all I have, so that when we sent in the beginning of these times, all the little plate we had, I durst not in conscience keep back so much as the handle of my Fan, and ever since we have to the utmost of our power shown our loves and service to the Parliament, and knowing and feeling the state of the kingdom, do not now or at any time petition for payments or rewards, but being freeborn subjects, I humbly petition for the benefit of that great Charter, and of the good Acts made by this honourable Parliament, especially that of the vl of this King's Reign, as I hear entituled an Act for the taking away of the Star-chamber, where they say no freeborn may be put out of their franchize or freehold, except they be forejudged by the course of Law, which I never was, and they that shall so do, shall forfeit 500 pounds to the party grieved. All the Law I ever heard of from Master Holcraft, was by his Captain Jeffery Holcraft & his troopers being the Parliaments forces, to show their pistols & weapons to my Tenants, telling them that that was their Commission, whereby they would force the payment of my rents to them, which they did, and so clearly has put me out of my Franchize and my free-holds. I am not able to go to law with Master Holcraft, but humbly beseecheth this High Court of Parliament, to do me justice upon their wicked servants, and according to their Act, they will be pleased to Order Master Holcrfat to pay me 500 pounds: In all which I desire you to be my just and favourable friend. I have one suit more unto you, that is, I humbly beseech you as you love our Lord Jesus Christ, and know we shall all appear before him, be a friend to Master John Musgrave now a prisoner (as I hear) and if he hath done no wickedness against the known laws of the Land. Be a means that the servants of Christ may not in these times languish in prisons: pity the just causes of his poor servants, praying God to sanctify and strengthen you, and that great House whereof you are a member, to his glory the comfort of his poote people, and your, and their exerlasting fame and praise I shall be, Your loving Cousin to serve you Eliz. Worsley York 1. Jan. 1645. For my respected loving Cousin Alexander Rigby Esquire, member of the High Court of Parliament this present. To the right Worshipful Committee for King and Parliament, in the County of Cumberland. The Humble Petition of the Inhabitants of the Lordship of Milham. Humbly Sheweth, THat whereas the said Inhabitants have in all things expressed their willingness, in obeying and observing all Ordinances of Parliament, and Orders from the right Worshipful Committee, and commands of all others in Authority. Are now by the great and manifold pressures, taxes, lone-monies, free quarters (not nominating many other grievances) so impoverished that they are constrained to present some of their particular grievances unto this right worshipful Committee, and to declare in part what vast charges the said Inhabitants have been put to: viz. paid in assessments to Colonel Lawson and his Officers, 1300. pounds, and to maintain the siege against Milham Castle 100 pounds. In loan monies to the said Col. 128 pounds, besides all their taxes to the Scots, and the free quarter, and other losses, which may parallel if not exceed the total of all the rest. The Inhabitants have pald 200 pounds and above, for the maintenance of the Garrison of Milham Castle. Likewise, the said Inhabitants further show, that whereas they received a warrant for the levying of 45 pounds (which your poor petitioners could not with that expedition) for the want of the same but one night and a day, your petitioners were enforced to double the said sum of 45 pounds, and 10 pounds more. And whereas some of the Inhabitants did also petition unto this Worshipful Committee (at Penreth) that the abatement of 30 pounds, out of 80 pounds then demanded, which the Commissioners granted, and the Colonel in their presence consented unto, nevertheless, your petitioners were constrained to pay the total. And although they have been put to all this charges, yet the said Lordship being charged with 90. soldiers, horse and foot, for the service of Carlisle; Yet the said Soldiers got little or no pay at all. Moreover Liutenant Radeliffe did send out a warrant the seventeenth of this instant July under his own hand, to cause the Assessors and Constables come before him at Boutle, and there shown a warrant from his Colonel for the levying of 299 pounds, 5 shillings 9 pence, by what surther order, or for what use, your poor petitioners know not. And the said Radeliffe, quartered his troopers upon the Assessors till they have taxed the same. May it please therefore this worshipful committee, to take into your grave consid●ation, the just complaints of these your oppressed petitioners, and that you would vouchsafe to grant, that your petitioners may have redress for there loan moncies, and that the, 55 pounds doubled for a days deferring, may be repaid, and also that the soldiers may have so much pay as they have served for (and by us paid, but not by them recreved) ●nd that the 30 pounds consented unto, to be allowed out of the 80. pounds, may be restored; and also that the sums, now by Radeliffe demanded may be cleared, and the said Radeliffe and his soldiers may be called out of the said Lordship, And your petitoners according to equity rectified they not being ableo therwise to subsist, but must delinquish the Totall. And Your petitioners (as in duty bound) shall ever pray This petition was delivered to Cumberland Committee, ●hat we not reliyed any ways thereupon. The Postscript written by a well wisher to all those whom God hath endued with a public spirit (consisting of fidelity, magnanimity, ability, and constancy) to stand either for Spiritual or Temporal freedoms, or to suffer for the first or second Table of God's Law, against all the oppositions, temptations, and insinuations of the mighty, innumerous, strong, and deceitful enemies of these sinful, sad, and dangerous days. IF thou be judicious and impartial, who hast read the variety of matters in this little volume, and in two former of the same Author, namely, A Word, and another Word to the wise, I doubt not but as the wise man did reduce all the works and vanities which he had seen and observed under the Sun, to this period or total sum, even to fear God and keep his Commandments, these being the whole duties of man, so thou hast (or mights have) observed, the good and evil p ractices of men, in their several inclinations and dispositions, which according to the two ways whereinto they enter, after they pass the gate of death, may be reduced to two sorts. For though God in all his outward mercies be alike good and gracious to all, equally and indifferently, yet we see by daily experience that the Sun shining, and the rain falling on divers objects or subjects, make diversity of effects, the one mollifying the wax, and hardening the clay, and the other, though it be very acceptable manured ground, and thereby the ground made more excellent and fruitful, yet it is always rejected of stones and had channel, so that they still remain barren and fruitless. The one sort of men may be justly called godly, true, and honest, in that they endeavour in their speeches and actions, to follow the paths of worthy Patrons and public spirited men upon divine record, as Moses, Paul and Mordecay, who did not regard themselves so much, for their private affairs, as the public and general good of their nation and Country: And the other sort deserve no better title then to be called ungodly, false, and deceitful like Haman, Doeg, and Achitophel, who partly for vain glory, and to obtain their own private ends, base self-seeking, and sinister respects, care not though the whole world should be drowned again, provided that they can but securely and timely build a strong and mighty Ark of their own wealth, pre-eminence, case, & pleasure, to carry them as aloft almost as now they are in their Charoches sit in their consultations, & preserve themselves alone with those that are nearest and dearest unto them, from the violence of the tempestuous winds, and turbulent waves of these ocean troubles without taking in any other whether male or female with them (according to God's Ordinance and Noah● practice) to keep so much as seed of any other alive: if ever these troubled waters should clear, and these boisterous winds cease and be calm, so malicious are they, and so void of love to God, or those that bear his image, and that chief by standing in the gap, and defending of justice, peace and truth, against the strong and several streams of iniquity, and mystery of iniquity, worketh abundantly in these dangerous and deceitful times, where in the very Elect would be deceived, if it were possible, all which, because a few words are sufficient to the wise, I leave both the application and explication to thine own construction and discretion, and for thy further satisfaction, I add here the Preamble of a late little book called England's Birthright, and conclude with some passages from the words of truth. Read Eccles. 5.6. & 16.7. & Prov. 11.4. Leu. 28. & Mieah 3. The Copy of a Letter written to Sir Thomas Witherington, one of the Burgesses for Berwick, fit to be taken into consideration. SIR, I Expected ere this to have heard of your report to have been made to the House, upon the vote passed for Mr. Cracanthrop and myself, for the great losses that we have sustained by the Enemy, the justices of the peace, and Com. of Array in Cumberland and Westmoreland; I here attended the last winter, 13. weeks before I could get the Petition presented to the House, six months upon the Committee I waited before I could get any vote passed upon the Petition, since the vote of the Committee was made, which you are to report unto the House, it is now nigh four months; yet nothing done, which makes me much fear that little good is intended us, and that we shall be made more miserable in seeking the recovery of what we have lost, then in losing the same, undergo more hardship, and be brought to greater straits by waiting on you, then by lying in the Enemy's prisons for you. You know the deferring of justice; in-law is holden for denial of justice. The Parliament put to an oath to maintain the lawful liberty of the Subject, the Enemy because I would not join with them in the breach of it, and in betraying my Country, forced me into Exile and seized on that little estate I had; now again upon the report of Mr. Lisle (after his many deferings and putting off, even to the hazard of the loss of our Country, and if Sir I●hn Browne (as is well known) with his Scottish forces (upon Cumberland forces deserting him) by his valour had not prevented it, the Enemy by some of our seeming friends who joined with them, had without any great difficulty, no opposition being made by Co●. Lawson, effected their designs in that Country.) Of my pretended refusal to answer, which I did not, but only desired the Interrogatories to advise of, before I answered for matter of Law, which contrary to Law he refused to grant me, though earnestly desired, all which may fully appease by my answer and reasons given for not answering then to the Interrogatories before the Committee (and taken in writing by Mr. Lisle himself, before the same Committee and some other members of the House, and wh●ch was then read unto me) am I again cast into prison, and condemned thereunto unheard, and my greatest fault (if any be) in this case, is my lawful maintenance of our common freedoms, and my doubting, and desire to be resolved before I should act that, which seemed to me then, and now I know to be not agreeable to Law; and here I lie in prison for this, while Traitors and the grand Enemies to the State, are by this means suffered to walk London streets, even they of whom I complain; for which I cannot but blame Mr. Lisle, being thus injured by him, and my Country almost undone, for as Sir Edward Cook well observeth, it is the greatest Injustice, when the Innocent is oppressed under colour of justice; whereby we ought to be protected: I am persuaded that if that Honourable House by whom I was committed were truly acquainted with my suffering condition, and knew the ground thereof, they would not suffer me to lie in prison one day longer; and if they rightly understood the unsettled state of our Country, and what harm the neglect thereof hath been to both Kingdoms (this and Scotland) and what advantage to the Enemy, and also what further evil may ens e thereupon; I believe we had not been so sl ghted as we have been, neither our Countrymen had had such just cause to have complained of delay and neglect, as they by their letters to me sent, daily due, neither had the adversary I suppose, been so borne out. As long as honest men are thus slighted, neglected, and kept under, their just complaints thus delayed and suppressed, while Traitors, Papists, and Delinquents be thus countenanced and protected, as those of whom we complain have been and still are; while the greatest places of trust and command are conferred on, and continued in the hands of Traitors, and th● grand enemies of the State, as hath been, and now is w th' us, and still they are kept up in their authorities; while the Parliaments and the Kingdoms faithful friends and servants are thus molested, oppressed, and shut up in prisons for their good affection, forwardness, and willingness to serve the State and their Country: How can we expect the restauration of our ancient and long lost Liberties? How can we look for an end of these our troubles? While things are thus carried on, l●ttle peace can be hoped for to this poor and distressed Kingdom. Let us no more cherish the Serpent in our bosom, which having got strength will again wound us, if not destroy us: I could wish that these troublers and enemies of our State, against whom only I inform, and with whom I only contend, may no longer be suffered to escape, but may be brought to condign pun shment-according to the Law, and merit of their offences, lest by others faults the Parliament should suffer in their credit, lest that it should be thought the Parliament were offended with as for seeking justice, and pressing forward our Country's just complaints and grievances, lest it should be thought the Parliament should seem to justify (or connive) at these their lawless practices and oppressions (wh ch we are ready in a legal way to make good according to our charge) by forbearance and sufferance of them: For it is a maxim in Law, Qui non prohibit quod prohibere potest, assentire videtur; [He that suffereth and hindereth not that which he may let, is conceived and said in Law to assent.] Let no such blot lie upon that Honourable House; let not the potency of our adversaries overthrow the justness of our cause, neglect us no more, lest (besides the blame and out-cries for justice) you bring ruin upon us and yourselves, by leaving us open to the Irish, which may the sooner invite Ormond to invade us with his Popish and revolted Forces, having such an easy entrance, if the same be not prevented. As you tender the good and quiet of the State, timely provide for this, and have respect to our poor Country; let all Delinquents, Traitors, and men dis-affected, all such as are tainted with covetousness, or cowardice, be removed out of all authorities, and the same put in the hands of confiding men fearing God, and hating covetousness, and all baseness, such as would not be in the worst of times carried away, or corrupted through fear, or loss of goods, or hope of preferment, to join with, or submit unto the Enemy, or act in a neutrality, which is holden for detestable: Neglect of those parts may prove of dangerous consequence; There, and not well elsewhere in the North, may the Irish land at their pleasure; and daily are expected there, from thence Digby by connivance of some of our English Commanders there (as is conceived) had free and ready passage into the I'll of Man, and so for Ireland; from thence the Earl of Antrim had like passage, and way into Ireland, with the Royal Commissions for Cessation of Arms there, which produced such sad effects in the Kingdom: Monnesse made his way for Scotland twice that way, to the great loss of that Kingdom, he invaded Scotland and took Dumfrece, hence the Earl of Newcastle had his first rise of his popish Army in the North, and daily supplies of men and monies, till the reducement thereof by the Scottish Horse, hence since the reducement the Enemy in Dublin and the I'll of M●n ●had Cole and Victuals: Here the whole Gentry are Malignants, Delinquents, Papists, Popish, or ●●se Temporizers; Here not ten of the Gentry in bo●h these Counties, nay, I dare say, not so many, have proved Cordial to the S eaten, but have submitted themselves, or acted to and with the Enemy; Here the Gentry have revolted since the reducement thereof, more than once or twice. Here Will and Oppression, reigns more than in any Country now subjected to the State, so long as the powers and authorities resides in the hands of such Neutrals, Tempori●zrs Selfe-seekers, Traitors and Delinquents, as now it is, the Enemy (though peace for the present were concluded and settled) yet might upon new and after discontents of a sudden, endanger the loss of the whole North, by the help of that popish faction in those parts, who have got in their hands the chief places of trust and command there, though you had no care nor regard of us, yet for your own good, prevent this mischief, the which done may produce (though little considered) the fruit which may prove to be a well grounded peace to the whole Kingdom; Though neglect of us, could be no prejudice to the public, which will be of no small concernment (as I have already shown) yet the redress of our Country's grievances in common equity ought not to be so lightly passed over, all which hitherto (but all in vain, for fourteen months together) have been pressed on, but by one Committee or other still frustrated; and in Justice you cannot deny us audience, and an equal trial either at the Common-Law, or in full Parliament, as in your wisdoms shall seem best for the public, and our particular good, for that the Law is our common birthright; which we may without offence (I hope) and do challenge and claim the benefit thereof, and therefore we have no cause to doubt or be fearful in putting ourselves forth, considering how that general rule in Law, is still in force: Quod curiâ regis non debet deficere conquerentibus in justitia adhibenda; That the King's Court should never be ta●●ing (to such as complain) in the doing of Justice. And of Courts Judicial, we acknowledge the Parliament Supreme, which ever hath been, and I hope still will be the great and faithful up-holder of the Common-Law, and of the rights and privileges of all the loyal and true hearted Freeborn of the Kingdom; I pray you, good Sir, peruse these papers, and Copies of Letters, the Originals I have all, except two, which Master Blaxston hath, to whom they were sent and delivered; withal, I would entreat you to present this my Petition to the House of Commons, Mr. Speaker hath seen it, and saith he will speak to it, I could not prosse him further, in respect he had formerly presented one for me: which was referred to the former Committee, but by Mr. L●ste (who is the Chaire-man) suppressed, and I could never hear more of it the ground of this my Petition; I hope you will let me understand what you will do here concerning the whole matter, by this bearer Master Hobkins (the Warden of the Fleet) which hath shown me kindness, in his readiness to do me this favour, if by your means and the Justice of the House I may obtain my liberty, and our Country's cause put in a way of trial without further procrastination; I shall not be unthankful, but ever rest Yours to serve and honour you, JOHN MUSGRAVE. From Fleet Prison this 25. of the twelfth month, 1645. Errata. PAge, 1. line ●. for Northumberland, Read Westmoreland p. 2. l. 13. for Sequestrators. r. Sequestrations l. 24. for ●●tentright r. renantright. p 3 l. 10. for of, r. and r. 20. shillings. p. 12. l. 23. for brethren's, r. burdens. p 14 l. 28. for 106. r. 10. shillings p. 16. l. 24. for lop r. Lordship p 18. l. 2. for hankes r. thanks. l. 31 for warrer. and war p. 19 l. 1. for prime r. privy. l. 22. for bluthwet r. Blaithwaite. p. 21. l. 23. for might r. must p. 24. l 9 for mountains r. mountainous, l. 10. for 1000, r. 10000 l 11. for house r. house. l. 14. for slavesmore r. stainemore l. 19 for brethrens r. beaten. p. 34. l. 15. for against r. against them. p. 37. l. 45. for del●nquish r. relinquish. p 38. l. 34. for caroches r. coaches. p. 39 l. 23. for put r. put us. To the Right Honourable the Commons in Parliament Assembled The humble Petition of John Musgrave Gentleman, Prisoner in the Fleet. Humbly showeth, THa● your Petitioner was half a year imprisoned by the justices of Peace, and Commissioners of Array in Cumberland, for refusing to submit to their usurped authority, was after driven into Exile, and all his means possessed by them, until the reducement of Cumberland to the obedience of Parliament. Which his sufferings, this Honourable House referred to the Northern Committee, whereof Sir Thomas W●herington is Chairman. That your Petitioner was sent to this Honourable House, by sundry of the well affected of Cumberland and Westmoreland, with a Petition and Articles against Sir Wilfrid Lawson end others of the Commanders and Committees, being such as were Delinquents & so declared Traitors, yet ●ut in Authority by Mr. Richard Barwis, contrary to his oath and trust. That your Petitioner is still ready to prosecute and make good the charge, if he may have his liberty, he having been imprisoned now 10 months upon an untrue report made to this Honourable House by Mr. L●●●e. That your Petitioner his wife and children, by the cruelty and loss sustained by the enemy, were much impoverished and wasted, and now by your Petitioners long imprisonment deprived of all means of outward subsistence, and left in a petishing condition, so as without his liberty and some just Reparations for his former losses, he is in danger to s●ar●e and famish and he destroyed in your prison, and his wife and poor children in the mean time exposed to all manner of misery. And all this for no other cause, but for your Petitioners discovery and complaining of the oppressions and treachery of yours and the Kingdom's enemies. Your Petitioner therefore humbly prayeth, that Sir Thomas Withrington be required to make the report, agreed on a year since by Vote of the Committee for your Petitioners reparations, whereby provision may be made for your Petitioner, livelihood. That this Honourable House would be pleased to take into their consideration, the miserable and sad condition of your Petitioner, his wife and 6. children, to gr●nt him his liberty, and not to suffer him any longer to languish and be destroyed by your long imprisonment of him, which both law and nature obhorreth, whilst the known and professed enemies of this Kingdom, and distroyers of their country, are allowed to live at liberty and enjoy their wealth, gotten by spoil and rapine, without any account making for the wrongs done to your Petitioner, and others his suffering oppressed country men. And your Petitioner shall ever pray john Musgrave. 1. September 1646. The PREAMBLE, To all the Freeborn people of England. BRethren and Fellow-Commoners, God and the world knows, that the well affected party or this Kingdom (discerned by their voluntary bid to the Parliament shaving tried all possible & fair ●●ans, as much as any People for number & power of any Kingdom or Nation ever did, by Prayers, Assistance, Concurrence▪ Attendance, Petitions, Oblations Informations, and Discoveries, as well of Treasons as of utter desolations: and perceiving themselves now at last to be in a fa●● 〈◊〉 condition, both in number and power (their Lives and states, yea and precious time also being so far spent) 〈◊〉 were at the first, and like to lose all, and scarely to have (or leave) so much as their Lives, Laws, or liberties for a prey. And seeing, by manifold examples of grievous exp●●rience, that neither Petitions can be easily accepted, justice truly administered, the Presses equally opened the cries of the poor heard, the tears of the oppressed considered, the sighs of the Perisoners regarded, the miseries of the widow and Fatherless pitied nor scarcely any that are in distress relieved, but Laws any way wrested, most of our freedoms restrained, Ordinances, Protestations, Oaths, and Covenants slighted the hearts of all Estates, King, Parliament, Priest and People obdured, the wicked for the m●st port absolved, the just often times condemned, and most of all in Authority perjured, not others to take, but nevertheless, by persecuting those who make Conscience to 〈◊〉 it, even because they will not break it. In deep sad, serious, and lamentable con●●deration of all these grievous proceed, and as much by feeling the smart, as ●●ring, seeing or ●nowing the verety thereof chief the Opressions, taxations Insurrections, Rebellions, Persecutions, Violences, Robberies, Sequestrations, and Com●●stions, I with my poor one Talon, in stead of him that hath Ten, out of a duti●●ull and conscientious lo●e tender and p●tifull respect to my Nation, now in this her great defection, and apparent desolation, chief for the remnant thereof (who mourn in secret both for her great abominations, sins, desolations, and their own particular transgressions, and who doubtless are marked to escape the fury of God's fearful indignation) Have used my best endeavours h●re both to show the maladies and remedies of this sick, swooning, bleeding, and dying Nation, that if God hath not ordained it, like Babel, to sudden, inevitable and utter destruction, it may yet be cured, and a remnant reserved, according to the Lords usual dealing in all his visitations, remembering his tender compassions and mercy, even in the midst of his fearful judgements and severity, that in despite of Satan and all his instruments, they may do justice and judgement, and praise him in sincerity. FINIS.