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A25494 Another word to the wise, shewing that the delay of justice is great injustice by displaying heavier grievances in petitions from severall counties to the House of Commons and letters to Parl[i]ament men, from Mr. John Musgrave, Gentleman, one of the commissioners from Cumberland and Westmerland, for presenting their grievances to the Parliament, who, instead either of redressing those two counties grievances, or prosecuting the charge given in by him against Mr. Richard Barwis, a Parliament man ... did illegally commit the said Mr. John Musgrave to the Fleet, where he hath lain these 4. moneths without any justice on tryall of his businesse ... Musgrave, John, fl. 1654. 1646 (1646) Wing A3274A; ESTC R17785 19,085 18

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as you are pleased to tearm it I pray you if you suspect any such thing and yee know it not fully why do not you either ask themselves for they are old enough or else deal with them for ye call them brethren yea and not only have solemnly sworne and covenanted with them your selves but urge all of this Nation under your power so to do and therefore lay the blame on those who ought to bear it but never on me nor any of my judgement because both ye and the Scots know well enough that we are not minded to submit to their Presbyterian government what ever it cost us so if that be the wicked designe you mean for neither do I know nor I suppose themselves intends any other you are very much mistaken in me for I and all of my mind are rather adjudged to be sufferers then any wise accounted to be actors therein as you very well know by all our writings and practices in which you have already condemned us though you would never give us a fair hearing nor convince us according to the word of God as may appear in that little book called The lawfulnes of the Scots comming into Engl●●d pag. 6. reas 6. Where it is said at the accomplishing of this blessed Reformation there intended as both their and your ministers the true drivers on of such wicked designes if any be are pleased to call it even that there shall not be a papist separatist nor sec●●ry any more mentioned if this be not the meaning of that place being paraleld both with your and their practises since then I desire that there might be a toleration in the one according to the word of truth and a resolution in the other according to equitie and reason however go on and do what you please I and other● of my judgement will rest upon God who will make all things work together for the best unto those that fear him Farewell John Musgrave To the right Honourable the Knights Citizens and Burgesses of the Commons House in Parliament assembed The humble Petition of John Musgrave Gentleman prisoner in the Fleet Sheweth THat I with one Iohn Osmotherly were intrusted by the Parliaments friend● the well affected party in Cumberland and Westmerland to present their grievances to this honourable House by reason of the plots and cruel oppressions of some who have formerly betrayed their trust stirred up the King to this unnaturall war borne armes with the King to destroy this honourable Parliament and such as stood for them put in execution the Commission of Array and other illegall taxes and forced the free-born people of this kingdome to an arbitrary government all which persons have been declared by this present Parliament to betraytors by the fundamentall laws of this Kingdom the Parliaments owne words in the book of Declarations fol. 260. are these Resolved upon the question That whosoever shall serve or assist him meaning the King in the wars against his people are traytors by the fundamentall Laws of this Kingdom and have been so adjudged by two Acts of Parliament and ought to suffer as traytors 11. Rich. 2. and 1. Hen. 4. But so it is that these persons upon the comming in of the Scottish Army the Countrey being reduced to the obedience of the Parliament are now set up in the chief places of trust and command by the Commissioners of that high and honourable Court sent into the countrey by which means they are enabled to cover and protect all such as have formerly joyned with them ●n these bloody wars and to oppresse the Parliaments friends the well affected partie as much now or more then when they were open professed enemies bearing armes for the King And I with others having presented our Countries grievances to Mr. Richard Barw●● a Member of this honourable House and Burges for the City of Carlile and to the rest of the Commissioners in the Countrey who sat up these men in military affair●● and Committees for Sequestrations and other taxes but they affording no relief to us 〈◊〉 to the well affected of both these Counties desired and procured me and my fellow commissioner to present their grievances to this honourable Parliament hoping for reliefe according to their protestations declarations subscriptions oaths and covenants to ease the opressed and punish the oppressors where I have attended since April last besides three moneths the last winter using all lawfull meanes that I and the other Commissioner could both to members of this honourable House and certain of the Committee of both Kingdoms and diverse common Councell men of London to get this our Countries cause put into a legall way of tryall but still being frustrated of presenting the same to this honourable House in the moneth of Iune last by a providence we came to be acquainted with the Scottish Commissioners who perceiving that the setling of those two Counties would be for the good of both Kingdom● undertook to assi●t us and to deliver our grievances to this honourable House who procured the same with their own papers to be referred to a Committee whereof Mr. Lisle is chair-man who laid aside all our papers and would have examined us upon interrogatories but we declared that we were Commissioners for the Countrey and had given in a charge against Mr. Richard Barwis and others by Counsell and therefore desired that the same might be put into a way of tryall And if Mr. Rich. Barwis and others of whom we complained should deny any thing which we have given in charge against them that we should make it good by sufficient withesses or else suffer according to law Then the Committe desired power from this Honourable House to examine us upon interrogatories and if we should refuse to commit us to prison and so obtaining power which they had not before pressed us to answer interrogatories and when we desired a copie thereof or to write the same from their own mouth and we would answer according to law by the advice of Councell which they denyed us but still they requiring us to answer ex tempore and we conceiving that we were not bound so to do by law could not thereunto consent Then report being made to this honourable House that we refused to answer which we did not but in case aforesaid this honourable House ordered me to be committed to the prison of the fleet where I have lain these 4. months and my fellow Commissioner being vexed by Mr. Iohn Fisher was committed also to prison for a pretended debt And after he was released by vertue of an ordinance of Parliament for securing Commissioners and such others as did attend upon this honourable House for presenting of Countrey grievances yet by the means and direction of Iustice Whitaker chairman of the Committee of Examinations the said John Osmotherly was committed again to prison in Woodstreet Counter where he was put to great charges to free himself by a writt of Habeas Corpus