TO Our worthy friend Mr. John Musgrave, Prisoner (in the FLEET) for standing for the equity of the Lawes, and the just Liberties and Priviledges of the free-born People of ENGLAND.

WE cannot but take into consideration, your unjust and ille­gall imprisonment, by those who would be counted just, and are chosen and sworn to maintain the Lawes of the Land; but violate the same. It is not unknown to us, the great paines which you have taken in a legall way, for redresse of your Countries grievances, and how faithfully you kept that trust, delegated unto you by the well-affected of the Country in generall, for your Coun­tries good; but now it appears their legs are cut off, and they made lame, you being most unjustly, and ungratefully imprisoned, contrary to the laws of the Land (and that by those who were chosen and set up by the people, to defend and maintain the laws in their splendour and purity) which be­ing more fully made known unto us, and receiving more light, by these following Letters and Petitions comming to our hands, we thought it a very undiscreet and unworthy thing not to impart them unto our friends, and to the view of our Countrymen, As a word to the Wise, or seaso­nable advertisements to all the free-born people of England; that they may seriously consider whether these heavie oppressions, by imprison­ment from the Parliament, inflicted upon their choise and cordiall friends, who stand for the publike good, do in the least conduce to the Parliaments honour, or good of the Common-wealth, or is likely in the least, to recon­cile these unhappy differences; for the putting an end to which, so much money hath been gathered, and so much bloud spilt, and so many lives lost, and so many families ruinated, and Countries wasted? Or, whether this way which is taken to stop the current of justice, under pretence of doing justice, and imprisoning of just persons for complaining upon, and witnessing against unjust Judges, and i [...]gall treasonous proceedings, be not the spee­diest way to breed more divisions and encrease the Wars, to the utter de­solations of the Kingdomes.

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

Upon M. Lisles report from the Committee, to which the Informa­tions given in by Mr. Iohn Musgrave, and Mr. Osmotherley, against Mr. Barvis a Member of this House, was referred, Mr. Musgrave refused to answer such Interrogatories as were propounded unto him by the Committee, upon the Direction and Order of this House.

Resolved, &c.

That Mr. Iohn Musgrave be forthwith committed prisoner to the Fleet for his contemptuous refusing to answer to such Interrogatories as were propounded unto him by the Committee upon the directions of this House, and that a Warrant do issue under M. Speakers hand for the Commitment of him prisoner to the Fleet accordingly.

Hen. Elsyng Cler. Parl. D. Com.

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

WILLIAM LENTHALL, Speaker.

To the Serjeant at Armes, attending the House of Commons, or his Deputy. And to the Warden of the Fleet, or his Deputy.

I do appoint George Bragg, Gentleman, to be my lawfull Deputy to execute this Warrant, dated 27. Octob. 1645.

Edward Berkhead, Serjeant at Armes.

The Copy of a Letter written by Collonel Cholmley, who is one of the Committee for Cumberland, which was sent up by the two Commissioners, Mr. Iohn Mus­grave, and Mr. Iohn Osmotherly, to Mr. Iohn Blaxton, a Member of the House of Commons.

MVCH HONOVRED SIR.

YOur former known vertues and graces, invites me now to crave your favour and best assistance in the behalf of the good Cause we have in hand: I have perused some Articles, and a Petition, to the Honourable House of Parliament, I am satisfied in Conscience (Sir) they be true, and without the Lord be pleased to make way for redressing of these poor Countries, they will be lost. Sir, the Lord who hath been pleased to make you a happy Instrument for the good of his Church, and People, I doubt not, but will guide and direct you in this, that my self & many others, will blesse God for you, in doing good to a People in so great miseries: I cannot but give you thankes for good already received by your care, which I leave to the further relation of these Gentleman, I will ingage my life for their fidelity: thus beseeching the Lord to blesse you in all your proceedings, I shall ever be

Yours to serve you, THOMAS CHOLMLEY.

The Copy of a Letter of Mr. Richard Cra­kanthrop, a Westmerland Gentleman of good worth and cre­dit, and a great Sufferer for the Parliaments Cause; which Letter was sent to Mr. Blaxton aforesaid, and sent by the same Commissioners before specified.

SIR,

NoT without cause we are at this time troublesome unto you, and de­sire your ayd to help our distressed condition which appears by these Articles to be distressed enough, and truly I am so well with the Government of these Countries under the Parliament, that I could rather wish my self again in prison for the Parliament; then behold these great oppressions: never was good intentions so wronged by bad Governours, as here under the Parliament; for civill men not looking on the cause, but judgeing by the externall appearance, could not but say, the Government under the Array was much better; and unlesse the Honourable House imploy men of Conscience in Office that hate covetonsnesse, this Cause for all this will perish, or the Kingdome: These parts are ready to ruine one a­nother, by reason of distractions through want of Government: the Com­mittees have given over to set any Cessement for the forces, Scots or Eng­lish amongst us, but suffer Commanders to cesse and levie the same, which causeth nothing but plunders, bloud and slaughters, yet do not shew them­selves, but encourage the Commons underneath to withstand the Scots by open warre, and to pay no Taxes to them, leaving the countrey to the Scots to set their own Cessements, and encourage them, then to withstand by the sword: It is true, the Scots do much wrong in the countrey, in the raising of their pay; but the fault is the Committees, that taketh not the Countrey under protection, but give them over to the Scots, both to set and raise their own pay: For who could expect, but that soldiers seeking their pay up and down a Countrey will do spoile? Now it is said, their Commission is onely to set Taxes, and see them paid; which if true, then they have negle­cted their whole Commiission, for they set none. Sir, I heartily desire your furtherance for a good Commander, that may be confided in, I could wish Mr. Rigby; for these Counties are more considerable, then they are held: the Commissioners of Array sent nine Collonels and their Companies to the Earl of Newcastle from hence, and if they had been men of courage, [Page 6]the Scots could not have taken these Countries with those Forces: Be­sides, the Irish may land forces at two Havens here in Cumberland, if they be not carefully kept: if which be kept, the Mountaines do so inviron the Counties, that save some straight wayes which is easie to keepe, the Enemy cannot enter, but sure with no flying Army, and if wel manned with no Ar­my; I am made unusefull for any service, being through long imprisonment impoverished, besides that which was left, I could not keep: the Scots took one horse, and the Collonel that commands in the Countrey for the Parlia­ment another, while I was in Prison, but that I had another in the Parlia­ments service with a man in Yorkshire which came home, I had had none to have rid on: Sir, if our businesse in Mr. Musgraves, and my particular can go on, I humbly pray your aid, and though I cannot promise satisfaction yet be assured, I shall alwayes remain

Yours to the uttermost of my power, Richard Crakanthrop.

The Copy of a Letter written by Lieutenant-Colonel Bellingham of Westmerland, sent unto London to Mr. Iohn Musgrave and Mr. Iohn Osmotherly.

SIRS,

I Here send you inclosed a Letter, to Sir Ralph Ashton; it is concer­ning the businesse you have in hand for your Countrey: I have seen your Articles exhibited to the House, and intend within few dayes to adde thereunto: this is therefore to intreat you to take Sir Ralph and Sir Thomas Widdringtons advice and counsell in this same for your better proceedings, I have writ to Sir Ralph Ashton. that you shall give him a perfect accompt of the businesse you have in hand; thus not doubting of your care herein, whose greatest care is to finish this good Work begun, and will alwayes subscribe himselfe to be

Your reall and constant friend, James Bellingham.

The Copie of a Letter, sent to Mr. Speaker of the House of Commons; and read pub­likely in the House, with this following PETITION.

Right Honourable;

THE present calamity, and the sad condition of my poore country, now subjected to the cruelty of a barbarous and mercilesse enemy, and my present bonds, whereby I am restrained of my liberty, being now prisoner in the Fleet; for a supposed contempt against the Honorable House of Commons, necessitateth me at this time in these straits, to implore your favourable assistance and helpe for the regaining my liberty, whereby I may be the better inabled to prosecute the cause of my coun­try, wherewith I am intrusted, and to whom I am to give an account of all my proceedings therein. I am very sorry I have in so long a time ef­fected so little, and fallen so farre short of my countries expectation; and it is no small griefe unto me to lye here under the displeasure of the House of Commons, whose Honour I have ever laboured to vindicate against all opposition, and for whose cause I have cheerfully undergone the losse of my whole Estale, and outward supportance, living in exile for two years; and most part of that time in a strange Country, and forraign King­dome: though I had large offers made unto me if I would have joyned with the Enemy, which my heart abhorred to consent vnto; yet are there such Instruments in my Countrey, who have not onely acted treason, but by Oath have likewise conspired together, not onely to destroy this Honourable Parliament, but all such as did adhere unto it: These I say are preferred to the highest Dignities, and places of Trust, and Command in our Coun­try, even contrary to the very letter of you rown Ordinance, Papists Tray­tors and Delinquents, countenanced and protected in their Persons and E­states, which is the ground of our complaint, and charge against Mr. Barwis, and J verily believe the occasion of the Enemies drawing thi­ther; and calling their friends out of Jreland, they well knowing what friends they might expect there, as the case then stood, all which I dis­covered the last winter, but was disregarded, which if timously had been taken into consideration; much evil that since hath fallen upon our poore [Page 8]Country, had been prevented, and a forraign Enemy had had small hopes and lesse meanes to have invaded us; I humbly desire that you will be pleased to present this my Petition here inclosed to the Honourable House of Commons. I desire nothing but justice according to the equity and me­rit of my cause, and I doubt not, but if J may be heard, to cleer my selfe of the supposed contempt layd to my charge, for which I stand Committed, and if J have transgressed against any knowne law, I desire I may be brought to my tryall at law for the same; and I earnestly request you, that you would do my Country that favour,) which in justice cannot be de­nyed, (that we may have liberty to prosecute our charge against Mr. BARWIS and certaine perjured Traytors, and conspirators of whom we complaine, who have been the greatest Instruments of all our Coun­tries miseries through their cowardice, basenesse, and treachery: If we make not our charge good, we shall not refuse to subject our selves to such punishment, as by the Rigor of the Law may be inflicted upon us, which we humbly desire may be put in a way of tryal, and I shal ever endeavour to approve my selfe thankfull unto you, and a faithfull Servant to my Country.

JOHN MUSGRAVE.

A Copie of the Petition, which was publikely read in the House of Commons.
To the Right Honourable, the Knights, Citizens, and Burgesses, in the Com­mons House of Parliament assembled. The humble Petition of John Musgrave, prisoner in the Fleet.

Sheweth,

THat your Petitioner was in the beginning of these troubles, six months imprisoned by the Justices of the Peace in Cumberland (most of them being Commissioners of Array) and was after by a Writ of Habeas Corpus, removed from Carlisle Goale, and thereupon obtain'd his liberty; But after­wards, for maintaining the priviledge of Parliament, and refusing to submit to the Commission of Array, was forced to flye his Country, and live in exile for two years, untill the Country was reduced to the Parliaments obe­dience: In all that time, the enemy was possessed of your Petitioners whole estate, yet Mr. Barwis a Member of this Honourable House, was protected in his Estate by the Enemy.

That upon the reducement of Cumberland, by the meanes of the said M. Barwis, Sir Wilfride Lawson, Knight, his brother in law, was made Com­mander in chiefe there, and all, or the most of the Delinquents and Papists, protected in their persons and estates, to the great grief of the wel-affected: whereupon your Petitioner, with others, presented their grievances (a Copy whereof is hereunto annexed) unto the said M. Barwis; and how the said Sir Wilfride Lawson had betrayed the Countrey into the Enemies hand, and how he had acted upon the Commission of Array; all which, the said Mr. Barwis slighted, and hath ever since endeavoured to continue the said Sir Wilfride Lawson in his power, and (as is conceived) by Mr. Barwis meanes, made high Sheriffe of Cumberland, which is contrary to severall Ordinances of Parliament, he being uncapable of any such office, by reason of the treason he hath acted against the State; and since, by the said Sir Wilfride Lawsons oppressions, the Countrey is made disaffected, and the Enemy (as is concei­ved) incouraged to possesse themselves of that Countrey, to the undoing of many thousands, and hazard of losing the whole North, if not timely pre­vented.

That about a year since, your Petitioner, by petition and articles, did set forth the miscariages of the said M. Barwis, and the unsetled condition of his Countrey, which he delivered to a Member of the House of Commons, and acquainted divers others with the same; but wearied with attendance, re­paired home to his Countrey after 13. weeks attendance.

[Page 10] That after divers of the well-affected, of Cumberland and Westmerland of good credit, did sollicit your Petitioner, and Mr. Osmotherly, to prosecute a further charge against the said Sir Wilfride Lawson, and the Commanders and Committees of the said severall Counties, which they undertook for the good of their Countrey, and upon their coming hither, the same was referred by the House of Commons to a Committee; whereof Mr. Lisle is Chair­man:

That the said Mr. Lisle before the Committee had further order, then to receive the severall informations and Charges to be given by your Petitio­ner, and the said Mr. Osmotherley, would have examined your Petitioner, and gave way to Mr. Barwis likewise to ask us questions before he would except our severall Charges; and upon our refusall, to answer; having received our papers of Informations, moved the House to have power to commit us, if we refused to be examined.

That upon further order of the House of Commons to the said Commit­tee, to inable them to ask us questions; upon examining, the said M. Barwis was admitted to be present to aske us what questions he would; though not any of our friends, nor our selves together, were admitted to be present: whereupon your Petitioner desired to have the questions in writing to con­sider of for matter of Law, but it could not be obtained by your Petitioner; whereupon your Petitioner desired Mr. Barwis might answer the Charge given against him, and your Petitioner would be ready to prosecute the same according to Law.

That though this honourable House hath passed severall Ordinances a­gainst Delinquents, for disabling them to be of any Committee; yet the said Mr. Barwis being desired by your Petitioner, never as yet informed the Parliament, how the said Sir Wilfride Lawson, with divers others of the Committee were Delinquents, yet continued in their Authorities, which is contrary to the Trust reposed in him by the Countrey, and his Oath taken in Parliament.

That your Petitioner hath attended six months and more, and yet hath not got his Countries Cause put in a way of tryall.

That upon report of the said Mr. Lisle, your Petitioner upon his pretended refusall to be examined, was committed to the Fleet by the Honourable House of Commons, for a supposed contempt. Since Mr. Osmotherley his fel­low Commissioner for the county, was arrested by one Iohn Fisher, meerly for vexation, upon an Action of 250. l. and is now prisoner in Woodstreet Counter, though the said Iohn [...]isher well knew.

That the said Mr. Osmotherley was sent to the Parliament by the Coun­trey, and was, and ought to have beene protected and priviledged from all [Page 11]Arrests of that nature, while he is so imployed by his Countrey to the Par­liament: As others were, and are still priviledged in the like case.

That your Petitioner, with the said Mr. Osmotherley, are still ready to make their Charge good against the said M. Barwis, and the others com­plained of, if they may be admitted to proceed, and have the Witnesses to be produced, examined upon Oath in open Court, and not privately.

Your Petitioner humbly prayeth, that he may be admitted to the Barre to answer for himself, and he doubteth not, but to cleare himselfe of the contempt laid to his charge, That he with his fellow Com­missioner may be set at liberty, and admitted to proceed in the pro­secution of their Countries cause: That the said Sir Wilfride Law­son, and all such as are in Authority, either in Committee, or other Command there, they being traytors to the State, may be removed out of all Authority, according to your former Ordinances. That their persons may be secured; to the end, they may be brought to condigne punishment for their offences, and such further course taken for freeing the said Counties of the Enemy, and securing the same for the future time; as to your Honours Wisdomes shall seeme meet.

And your Petitioner shall as in duty bound, pray, &c.

The Copy of another letter from Lieutenant Collonel Bellingham, to Mr. John Mus­grave, and Mr. Joh. Osmotherly, received by Mr. Musgrave, since he came into Prison.

GENTLEMEN,

I Have seen a Letter which you sent to Mr. Crakanthrop; in which Let­ter you declare your selves to be much beholding to my Collonel and my self, and are glad to see us so well affected: In confirmance of which, I doe heer really and freely confesse to be a humble and loyall servant to my Countrey, and the States of this Kingdome; but most especially to find out such that pretend one thing and doth another: I meane such as be for their owne parti­cular ends: for the Lord he knowes, too many, we have at this day re­maining in Westmerland and Cumberland; but I make no doubt, but you in time, will rectifie most, if not all such abuses, I here send you inclosed a petition which was preferred to the Committee of Warre at Yorke, which Petition the [Page 12]whole County will mannage if occasion be. I pray you let me hear from you, now and than how the businesse goes with you, I thinke it were not amisse, if you seek for the better settlement of this County: for God he knowes, we are daily and hourly in danger of the Irish: Thus not doubting of your care herein, I remain

Sirs,
Your assured and faithfull friend, to do you service. JA. BELLINGHAM.

The Copy of another Petition of Mr. Iohn Musgraves.
To the Right Honourable, the Knights, Citisens and Burgesses in the Commons House of Parliament assembled. The humble Petition of Iohn Musgrave Gentieman, now prisoner in the Fleet.

Humbly sheweth,

THat your Petitioner, together with one Mr. Osmotherley in April last, were sent by sundry of the well-affected of Cumberland and West­merland, to present their grievances to this honourable House, thereby set­ting forth the treasons, plots, & oppressions of some now in high Authority there, which by this honourable House was referred to a Committee, wher­of M. Lisle is Chair-man, who would have examined your Petitioner, yet re­fused to give him any time to advise for his answer, to the great obstruction of Iustice. & Rotul. Parl. 1 M. 4 Num. 1.16. Iacob. the Lord Carew case. Cook. 2. part. [...]nst. on Mag. chart. [...].29 [...] 25. E 3. [...] 4. [...]8. E. 3. c. 3 [...]7 E. 3. c. [...]8. [...]2. Ed. 3. [...].3. [...] E. 3. c. 9. [...] 4. E. 3 c. [...] 4, Cook Inst. [...] par upon [...]agn. Ch. [...] 26. & 29, which the Law alloweth, in Cases of Treasons, Fellonies, &c.

That upon the report of the said Mr. Lisle, of your Petitioners pretended refusall to be examined; your Petitioner, though (b) he was not in that case compellable to auswer, was the 28. of Octob. last, committed to the Fleet, by an Order of this House for a supposed contempt: neither as yet hath the said Committee taken your Petitioners Cause into consideration, the same being again referred unto them upon a Petition and Letter presented to this honourable House by Mr. Speaker, the 8. of Novem. last, And the said Mr. Lisle hath ever since absented himself of purpose (as your Petitioner con­ceiveth) to retard your Petitioners proceedings; whereby Iustice is much delayed, to the dishonour of this high and honourable Court of Parliament; & (c) which, tendeth to the destruction of your Petitioner by imprisonment, being exhausted, and brought to great straits by his former, long, and fruit­lesse attendance upon the said Committee, besides the great griefe and dis­couragements which the well-affected of his Country have received therby, doubting what things will come unto, being thus long delayed and put off.

[Page 13] Your Petitioner humbly prayeth (in regard he is ready to prosecute his [...]arge sec. legem terrae, if he may have his liberty, and the benefit of the law, which your Petitioner holdeth to be his 9. H. 3. c. 29. 5 E. 3. c. 4. 37. Ed. 3. c. 18. Cook par. 2. Instit. Marl. per­amb. c. 1. birth-right and best inheri­tance; the same being that golden Rule and Meet-wand to measure out e­ [...]nally Justice to rich and poor alike) that Justice may be done to your Pe­tioner, according to the great Charter of this Kingdome, it being the chief-Pillar & Supporter of the Fabrick of this Common-wealth, confirmed by Status. Abolish. Star-ch. 17. Caroli. This, and so many 34. E. 1. c. 4. Petiti­on Right, 3. Caroli. Parliaments preserved hereunto, by the effusion of so much English Parl. Protest. 5. Maii, 1645 bloud: to the conservance & defence whereof, this honou­ [...]ble Parliament hath tyed Us and your Selves by so many Bonds and Co­mmants▪ Oaths and Protestations, as your Petitioner hopeth you will invio­ [...]bly uphold still the same; And not suffer your Petitioner to be any lon­ger subjected to the Co [...]k Inst par. 2. Magn. Ch. c 29. dilatory and partiall tryall by discretion of any Committee, but may have Justice administred to him by that pretious and ordinary tryall, per legem terrae.

Iohn Musgrave,
6. Decemb. 1645.

The Copy of a Letter written to Sir Thomas Withrington, one of the Bur­gesses for Barwicke, from Mr. Iohn Musgrave, prisoner in the Fleet.

SIR,

I Expected ere this to have heard of your report to have beene made to the House, upon the vote passed for Mr. ( Crakanthrope and my selfe for the great losses that we have sustained by the Enemy, the Iustices of the peace, and Com. of Array in Cumberland, and Westmerland; I here attended the last Winter, 13. Weeks before I could get the Petition presented to the House, six moneths upon the Committe I waited, before I could get any vote passed upon the Petition, since the vote of the Committee was made, which you are to reporte unto the House, it is now nigh four moneths; yet nothing done, which makes me much feare 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 loos­ing the same, undergo more hardship and be brought to greater straits by waiting on you, then by lying in the Enemies Prisons for you. You know the differring of Iustice; in law is holden for denyall of Iustice. The Parliament put us to an oath to maintaine the lawfull liberty of the Subject, the Enemy because I would not joyne with them in the breach of it, and in betraying my Country forced me into Exile, and seised on that little Estate I had; now againe upon the report of Mr. Lisle after his many differrings and putings off even to the ha­zard of the losse of our Country, and if Sir Iohn Browne (as is well knowne) with his Scottish forces (upon Cumberland forces deserting him) by his valour [Page 14]had not prevented it, the Enemy by some of our seeming friends who joyn [...] with them, had without any great difficulty, no opposition being made by Col­lonel Lawson, effected their designes in that Country of my pretended re­fusall to answer which I did not, but only desired the Interrogatories to advise of before I answered for matter of Law, which contrary to Law he refused [...] grant me, though earnestly desired, all which may fully appeare 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 which was then read unto mee) am I againe cast into prison, and condemned thereunto unheard, and [...] greatest fault (if any be) in this case is my lawfull maintenance of our Com­mon Freedoms & my doubting, and desire to be resolved before I should act that which seemed to me then, and now I know to be not agreeable to Law; and here I lye in prison for this, while traytors, and the grand Enemies to the State, and by this meanes suffered to walke London streets, even they of whom I complaine [...] for which I cannot but blame Mr. Lisle, being thus injuried 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 Iustice; whereby he ought to be protected: I am perswaded that if that honourable House by whom I was committed were truly acquainted with my suffering condition, and knew the ground thereof, they would not suffer me to lye in prison one day day longer; and if they rightly understood the unsetled state of our Countrey▪ and what harm the neglect thereof hath been to both the Kingdomes (this and Scotland) and what advantage to the enemy, and also what further evill may en­sue thereupon; I beleeve we had not been so slighted as we have been, neither our Countrey-men had had such just cause to have complained of delay and neg­lect as they by their letters to me sent daily doe, neither had the adversary, I suppose, been so born out. As long as honest men are thus slighted, neglected, and kept under, their just complaints thus delayed and suppressed, while traytors, Papists and Delinquents be thus countenanced and protected, as those of whom we complain have been and still are; while the greatest places of trust and command are conferred on, and continued in the hands of traytors, and the grand enemies of the State, as hath been and now is with us, and still they are kept up in their authorities; while the Parliaments and the Kingdomes faithfull friends and servants are thus molested, oppressed, and shut up in prisons for their good affection, forwardnesse, and willingnesse to serve the State and their Coun­trey) how can we expect the restauration of our ancient and long lost liberties? how can we look for an end of these our troubles? while things are thus carried o [...], little peace can be hoped for to this poore and distressed Kingdome. Let us [...] more cherish the Serpent in our bosome, which having got strength will againe [Page 15]wound us, if not destroy us: I could wish that these troublers and enemies of our State against whom onely I informe, and with whom I only contend, may no longer be suffered to escape, but may be brought to condigne punishment, 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 us for seeking justice, and pressing forward our Countries just complaints and grievances, lest it should be thought the Parliament should seem to justifie (or connive) at these their lawlesse practises & oppressions (which we are ready in a legall way to make good according to our charge) by forbear­ance and sufferance of them For it is a maxime in Law, Qui non prohiber quod prohibere potest, assentire videtur; [he that suffereth & hindreth not that which he may let, is conceived and said in Law to assent.] Let no such blot lie upon that honorable House; let not the potency of our adversaries over throw the justnesse of our cause, neglect us no more, lest (besides the blame and outcries for justice) you bring ruine upon us and your selves, 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 easie entrance, if the same be not prevented. As you tended the good and quiet of the State, timely provide for this, and have respect to our poor Countrey; let all delinquents, traytors, and men disaffected, all such as are tain­ted with covetousnesse, or cowardize, be removed out of all authorities, and the same put in the hands of confiding men, fearing God and hating covetousnesse, and all basenesse, such as would not bee in the worst of times carried away, or corrupted through feare, or losse of goods, or hope of preferment, to joyne 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, The Ports Whit­church & VVork­ington in Cumber­land, open to Ire [...]and. and not well elsewhere in the North, may the Irish, and at their pleasure; and daily are expected there, from thence Digby by conveyance of some of our English Commanders there (as is conceived) had free and ready passage into the Ile of Man, and so for Ireland; from thence the Earle of Antrim had like passage, and way into Ireland, with the Royall Commissions for Cessation of Armes there, which produced such sad effects in that Kingdome: Montrosse made his way for Scotland twice that way, to the great losse of that Kingdome, he in­vaded Scotland and tooke Dumfreeze; hence the Earle of Newcastle had his first rise of his popish Army in the North, and daly supply of Men and Monies till the reducement thereof by the Scottish Horse, thence since the reduce­ment the Enemy in Dublin and the Ile of man, had Cole and Victuals, Here the whole Gentry are Malignants, Delinquents, Papists, Popish, or base Tempo­rizers; Here not ten of the Gentry in both these Counties, [...]ay I dare say not so many, have proved Cordiall to the State, but have submitted themselves, or acted to and with the Enemy; Here the Gentry have revolted since the reduce­ment thereof, more then once or twice. Here will and oppression, raigne: more [Page 16]then in any Country now subjected to the state, so long as the powers and au­thorities resides in the hands of such Newtrals, Temporisers, Selfe-seekers, Traytors and Delinquents, as now it is, the Enemy (though peace for the pre­sent were concluded and setled) yet might upon new and after discontents of a sodain, indanger the losse of the whole North, by the helpe of that popish faction in those parts, who have got in their hands the cheife places of trust and command there, though you had no care nor regard of us, yet for your own good, prevent this mischeife, the which done may produce (though little considered) the fruite which may prove to be a well grounded peace to the whole Kingdome; Though neglect of us, could be no prejudice to the publike, which will be of no small con­cernment (as I have already showne) yet the redresse of our Countryes greevan­ces in common equity ought not to be so lightly passed over, all which hitherto. (but all in vaine, for fourteen moneths together) have been pressed on, but by one Committee or other still frustrated; and in Iustice you cannot deny us audience, and an equall tryall either at the common Law, or in full Parliament as to your wisedomes shall seeme best for the publike, and our perticular good, for that the Law is our common birth-right; which we may without offence (J hope) and do challenge and claime the benefit thereof, and therefore we have no cause to doubt or be fearfull in putting our selves forth, considering how that generall rule in Law, is still in force: Quod curiâ regis non debet deficere conque­rentibus in justitia adhibenda; That the Kings Court should never be fai­ling (to such as complain) in the doing of Justice. And of Courts Iudiciall, we acknowledge the Parliament supream, which ever hath been, and I hope still will be the great and faithfull upholder of the common Law, and of the rights and priviledges of all the loyall and true hearted freeborne of this King­dome; I pray you good Sir, peruse these papers, and Copies of Letters, the O­riginalls I have all, except two, which Mr. Blaxston hath, to whom they were sent and deliverea; withall, I would intreate you to present this my Pe­tition to the House of Commons, Mr. Speaker hath seene it, and saith he will speake to it, I could not presse him further in respect he had formerly presented one for me: which was referred to the former Committee, but by Mr. Lisle (who is the Chair 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 Mr. Hobkins (the Warden of the Fleet) which hath shewn me kindnesse, in his readinesse to do me this favour, if by your meanes and the Iustice of the House I may ob­tain my liberty, and our countries cause put in a way of tryall without fur­ther procrastination; I shall not be unthankfull, but ever rest.

Yours to serve and honour you, JOHN MUSGRAVE.

The Copie of another Letter, written by Mr. Musgrave, to Sir Thomas Withrington; Burges for the Town of Barwick, and a Member of the House of Commons.

SIR,

THis day I received my Petition back again with your direction, and advice for altering the same, and how you would present it to the Committee for Petitions, for your advice I thanke you, yet J cannot dec [...]ne my former Petiti­on, nor can J consent, neither hold I it fit to alter it, in respect that I have sent the Copie of it into the Country, to informe them how things bee, as also for that I hold it convenient to discover Mr. Lisles unequall dealings both before and since my Petition presented to the House by Mr. Speaker; seeing he is not ashamed to do us such wrong: I am not affraid to complaine, and make it knowne, least by silence I should not only loose my selfe, but like wise undoe my Country, and the Parlament suffer in both, as touching presenting it to the Committee for Petitions, they have (I conceive) not power to receive it without speciall order from the House, it having refer once to so many Mem­bers of the House, to wit so many of the former Committee, as joyned with Mr. Lisle, in making up that report. For my refusing to answer, under which I suf­fer; you know the first charge against Mr. Barwis, though committed by the House to the Northen Committee whereof you are Chairman, yet upon your report it was ordered by the House to be delivered back in regard it con­cerned a Member of the House, and was not read upon Commitment, which you returned back to me accordingly, & upon an after order it was referred to another Committee, whereof Mr. Lisle is Chairman; therefore I cannot expect any fruit to accrew by so doing, onely to the House have I appealed, before whom allready my cause dependeth; who, if they refuse to beare me for my selfe and my Country, it is impossible for them either to understand our right, or be able to do us justice, conisder I pray you my former Letter of the 25. of this in­stant month, and let us have no cause to complaine, if I have offended let me be brought to judgement, if no evill be found in me why am I cast into bond? if for my service, and fidelity to the State, a Prison must be my Portion▪ I can­not but say tis a bad reward, I have purchased for my labour; but I am nothing dejected, but am willing to undergo more for my Country, and am resolved to abide the worst of extremities, rather then do any act which may dishoner me or my Family, or unbeseeming the Trust committed unto me.

Sir, If you will put up to the Honourable House of Commons this my Peti­tion, I doubt not but my innocency will plead for me, and the justnesse and con­siderablenesse of the cause will procure me audience; and then I fear not but truth shall prevail in judgement, for which we have hitherto contended. I de­sire once more to know your further pleasure, and minde herein; And if you [Page 18]will do our Country this service in presenting my Petition, it will be not only to your honour, but (will oblige them unto you, and) I shall ever remain to be

Yours to do you service; JOHN MUSGRAVE.

To his loving Friend Mr. JOHN MUSGRAVE, in the Fleet; These.

BELOVED,

I Received a Letter from you the first of this Moneth, I am not a little troubled to hear the strange occurrents of this present evill age, and am very sensible thereof; but to hear of your trouble in such a cause doth much perplexe me: that while we go about to our great trouble and charge, to do the Kingdome and Parliament service, to have our Agents imprisoned, I think no age could parallel such things; it cannot be but there remaineth a terrible judgement to this Nation, which in all probability is not farre off: There was nothing ever perswaded me that the sword shall be short sheathed, then the expectation I had of the Justice of the House of Parlia­ment; for I thought, that though the genrrall corruption of manners, in this Nation, did much provoke the Almighty, yet the Piety, Justice, and Zeal of that House, would mitigate his Ire; but he that doth all things, will turn all to the glory of his Name, & peace of his people, so often promised by His mouth. I have writ many Letters every Week or 14. dayes at lon­gest, for this is the 18. Letter at least, in all things of good consequence:

For that you say of Collonel Lawson, Mr. Darley and Mr. Blakeston are deluded with false rumours, for Collonel Lawson never (of all his carria­ges) behaved himself worse, upon so fair an advantage to have done the Kingdome service; of his carriage all men cry out, even his own souldiers: Upon the comming in of the Enemy into Cumberland, he and Sir Patr. Carwen was in consultation, Carwen came to Penreth, left his house brave­ly furnished for the Enemy; Lawson made a shew of gathering the Coun­try, and sent to Sir John Brown to desire his assistance, who willingly agreed to joyn with him; yet was Sir John Brown desired to joyn with a Partee of his own countrymen, and so keep out an Enemy, rather then suffer him to enter: So he sent Collonel Lawson 100. Horse, desiring him to make his best resistance, and that himself would make haste with the rest of his horse for his defence. But Lawson not desirous to fight, suffered the Enemy quietly to passe without ever skirmishing with him, to the great grief of Sir John Brown as you may well perceive, who had refused to joyn with his own countrymen to joyn with Lawson: But seeing it so, he desired Col­lonel [Page 19] Lawson to keep the water at Bownes, if in case the Enemy retreated, and he would after him into Scotland, which he did at the same tide, and fell upon the Enemy upon Annon Sands with 300. horse onely, the Ene­my being thought to be 1600. yet had he good successe, slew divers, and so discouraged the rest, that they made a retreat back to Bownes, from whence Collonel Lawson was gone, and had withdrawn his forces 5. miles from Bownes; So the Enemy returning, found a Company of Dragoons of Collonel Cholmleys sent thither, thinking to finde there Collonel Lawson and his Companies, so they took most of the Dragoons, their Horses and Armes: Yet it is considerable, the Enemy went over the Water on the 4. day of the Week at night, and returned the 6. yet had Lawson in that short time called away his forces. This Relation I had from Sir John Brown himself, and finde it seconded by all men, no man but condemning Collonel Lawson, no not his own friends. Lawson had here such an opportunity to have done his Country and the Kingdome service, as never a fitter was of­fered to any; Sir John Brown had given them no rest, they were so wearied through want of sleep, that very many were taken by the Country peo­ple, and it was easie enough for Lawson, if he had had any minde to have taken Digby, Langdale, and many others, who were forced to take a Boat and go to the Isle of Man. Sir John Brown told me, he would have a Coun­cell of Warre to passe on Lawson for this carriage: And if Sir John Brown had not repaired what was amisse, he might himself have been questioned. Thus much for Collonel Lawsons carriage: Remember me to Mr. Osmo­therley, present my best respects to Collonel L. and to all the Brethren to whom I am known, my troubles are great for you, but the Lord that deli­vered us when we were surrounded with adversaries, will deliver you. The Brethren in Cumberland greet you, and purpose to send shortly to you. The God of Peace give Peace unto his Church, and grant you patience.

Farewell.
Your Brother in the Lord Jesus; RICH. CRAKANTHROP.

Die Sabbati, 8. Novembr. 1645.

MR. Speaker acquainted the House, That he had received a Letter from one John Musgrave a prisouer in the Fleet, with a Petition inclosed: The Letter was of 28. Octob. 1645. and was read, and likewise the Petition, and was concerning Mr. Richard Barwis, a Member of the House, and o­thers imployed in the service of the Parliament; And it is thereupon Ordered, this Letter, Petition, and Papers, be referred to the Committee to whom the Papers formerly brought in from the Scots Commissioners, and from the said. [Page 20] Musgrave, and Osmotherley, were referred; who are to take the same in­to consideration; And also a printed Pamphlet, entituled, Englands Birth­right, and to report their opinions thereupon to the House.

Hen. Elsyng, Cler. Parl. D. Com.

The Publishers to the Reader.

COurteous Reader, Thou mayest for thine own information in thy Liberty (as thou art a Freeman of England) read a late published Book, called Englands Birth-right: And Lieutenant Collonel Lilbornes late Book, called Innocency and Truth justified; being an Answer to Mr. William Prinnes Book, called the Liar confounded; but chiefly, weigh seriously his discourse against the Merchant Adventurers and their Monopoly, which begins in that Book Page 46. and continues to Page. 62.

And if thou be a Christian, and tenderest the good of thy native Coun­try, or hast an affection to the second Table of Gods Law, the standing for which Master JOHN MUSGRAVE is now imprisoned; take no­tice of these premises, and if thou doubt of the truth of any thing therein, thou mayest repair to that Gentleman, who is able enough to make good what he hath said; yea, and to shew ten times more then what is here rela­ted. He is a worthy Christian, and not so desirous of his liberty, as he is for the prosecution of his Countries cause, in which he is so faithfull and cou­ragious for the weal, freedome, and safety therof; and is no wise a betrayer of the trust reposed in him, which (as we know by wofull experience) too many are, so that he is a sufferer meerly for well doing, and the cause is Gods, for which he suffereth. For GOD is the God of the second Table of his Law, as well as of the first; and except men keep the second, how can they keep the first? If a man loveth not his neighbour, how can he love God? Stand therefore for the second Table of Gods Law, and encourage those that do; else thy religion is but vain, and so will not avail thee before that God, who (when necessity requireth) saith, I will have mercy, and not sacrifice.

A WORD TO THE WISE, is sufficient.

FINIS.

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