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A89428 A true and exact relation of the great and heavy pressures and grievances the well-affected of the northern bordering countries lye under, by Sir Arthur Haslerigs misgovernment, and placing in authority there for justices of the peace, commissioners for the militia, ministry, and sequestrations, malignants, and men disaffected to the present government, set forth in the petition, articles, letters and remonstrance, humbly presented to the councel of state, with his apologie to the Lord President, for publishing thereof. / By John Musgrave. Musgrave, John, fl. 1654. 1650 (1650) Wing M3153; Thomason E619_10; ESTC R206368 38,763 55

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of Cockermouth who refused to take the Engagement he keeps in sundry Town-Officers that refuse the same manifesting by sundry other actions that what ever his pretention is yet his intention is not for the present power My dear love to your self from him who is Your and the Common-wealths servant J. Bywater Octob. 15. 1650. I do well approve of this other relation concerning Mr. Lampit for Mr. Craister manifested as much harshness as he could To his very good friend M. Musgrave ALl men may see by this Letter of L. Fearon the rage of the Justices made by Sr. Arthur H. have against honest men that the poor Church of Broughton complain not without cause what would not these Justices do if Armed with Law and countenance by the higher power when they thus despise the Acts Ordinances of Parliament for it is more then a year since the Act for liberty to swear without layingh and on a Book was passed and published Mr. MUSGRAVE I Was sommoned to appear at the last quarter-Sessions of the Peace at Cockermouth where I did appear and being returned to be one of the Jury because I could not swear upon a book Mr. Henry Pearson then Clerk of the Peace fined me 10. pounds and would not suffer me to be of the Jury I shall desire you to help me and other of our friends who are troubled for the same that we may have the benefit of the Act of Parl. concerning Book-swearing Mr. Antrobus and Francis Smith are troubled for the like by Mr. William Tubman Steward to the Earl of Northumberland in Egremont-Court the Justices that sate upon the Bench the last Sessions when I was fined in 10. pounds are Sr. Willfrid Lawson Henry Tolson Thomas Curwen and Miles Halton I pray you do this for us for the Parliaments suffering friends are much oppressed by their Enemies Sir I am Your loving friend Lancelot Fearen Lamplongh the 15. of October 1650. For Mr. John Musgrave Steward of the Honour of Peureth Mr. Appleby who writ this following Letter is a Cumberland Gentleman and was forced through the Malignancy of the Justices and the Committee of his Country and withdrew into Yorkshire Worthy Sir AFter my kind love to you presented though unacquainted yet I conceive by my wife and son they have been much beholden to you and if I had been intimate with you when you had Sr. Willfride Lawson in question at London I could have been a means to have accomplished your pursuit and desire and if occasion hereafter fall I will give you instructions which I hope will yet work effect Sr. I conceive my wife preferred a Petition by your advice and furtherance unto the Councel of State whereof she got no answer so I heartily desire to know the event thereof and withall your advise and furtherance in the prosecution of my causes for I have sustained great losses and wrongs as any man in the Countrey not onely from the Enemy but from our Committee and Justices also meaning in Cumberland I will justifie and prove that great Delinquents and Papists have had and still have more favour from them then any real and well-affected persons who have adventured life and Estate for them in their service I intended to have been at London not long since but the times have been very bad and difficult with us but upon any notice from you I will not fail to be with you before this Tearm end God willing So good Sir let me have your help and upon receipt of your answer expect me with all speed Halton in Craven Octob. the 18. 1650. Yours to serve you quantum in me LANCELOTH APPLEBY To his Honoured friend M. John Musgrave at London I Could not without ingratitude and doing wrong to the Councel of State who hath done so much for setling this Common-wealth in peace of security but publish this their Declaration made upon reading my Remonstrance Die Lune 27. August 1649. At the Councel of State at White-hall UPon reading the Remonstrance of John Musgrave on the behalf of himself and others well-affected in the Counties of Lancashire Westmerland and Cumberland particularly of Thomas VVorsley Esq Iohn VVorsley his son and Elizabeth VVorsley his daughter Capt. Richard Crakanthrop and Mary Blaithwait widow and upon hearing Mr. Musgrave himself consideration had of the matters remonstrated and desired to be done It is ordered and declared That care shall be had and taken of putting the particulars specified into a way of examination and redress and the Councel will endeavours that a Reformation shall be had of the grievances complained of some of which as that of putting the Militia into trusty hands are already under consideration And this Councel further declares that they will use their endeavours that the particular Petitions of Mr. Musgrave and the rest may be presented to the House and there read and ordered In respect of the long attendance of the parties as soon as with conveniency the same may be done and as the publick affairs of the House will permit Ex. Gualter Frost Secr. HEre Reader thou hast my Remonstrance it self upon which the Councel of State made their Declaration To the Right Honourable the Lord President and the Councel of State sitting at White-hall The Remonstrance and humble supplication of John Musgrave for and on the behalf of himself Thomas Worsley Esq John VVorsley his son Elizabeth VVorsley his daughter Captain Richard Crackanthorp Mary Blaithwait Widdow Thomas Gibson and the rest of the well-affected in the Counties of Lancaster Westmerland and Cumberland IT is not to be doubted but as Justice and treasure are the chief supporters of all Common-wealths Kingdoms so the neglect of the one by male-administration and unduely raising and mispending the other have ever proved fatal to the present Governours and Ministers of States as by wofull experience the greatest Monarchs and States often but ever too late have found The mis-government of Eli and Samuel sons made Israel change their Government as well as their Governours Sauls misorder transferred the Kingdom from his family to David the great burdens and many Taxes of Rehobeam caused the defection of ten tribes which never returned again to the house of David and after few generations all Israel with their Kings and Princes were displanted and carried away into captivity for their oppression and injustice and for that sin the Scepter was taken from Judah and they brought tributary to the Roman Common-wealth as the Prophets complained in Judahs defection and before their fall Judgement was turned away backward and Justice stood then afar off for truth was fallen in the street and equity could not enter Is 59.14 Rome then kept faith with nations executed Justice and judgement for which she was a long time famous and thereby became Mrs over the whole world But when she began to oppresse her Senators corrupt and partial in judgement Soon followed the ruine of that long flourishing Empire The Rebellion of the Moors
means they much Tyrannize and oppresse your Petitioners and the well-affected and with lesse difficulty may invite the Enemy into these parts That this Honourable Councel upon reading the said Remonstrance declared they would provide for your Petitioners relief and redresse of their grievances and upon another Petition unto this Honourable Councel your Petitioner by the Articles thereto annexed set forth how M. Charles Howard was made high Sheriffe of Cumberland which Articles Sr. Arthur Haslerigge undertook to examine but wholy failed in the same And the said Sr. Arthur Haslerigge is so far from providing for your Petitioners relief and the Countries safety as he hath of late procured such as be Enemies to the Common-wealth to be Justices of the Peace Sheriffes Commissioners for the Militia Ministry and Sequestrations oppressing the well effected and countenancing your Enemies as appeareth by the Articles annexed and exerciseth an Arbitrary power without rule of Law or Act of Parliament That Sr. Willfrid Lawson Henry Tolson Thomas Curwen Miles Halton Justices of Peace contrary to an Act of Parliament at the last Sessions of the Peace in the County of Cumberland fined one Lancelot Fearon 10. pounds for refusing to swear upon a book and the justices and Commissioners for the Militia there much oppresse the well affected and threaten to commit them for their meetings to prayer and Divine Worship boasting they have an order from Sr. Arthur Haslerigge so to do Your Petitioner humbly prayeth this Honourable Councel to take his long and chargeable attendance into consideration and put his former Remonstrance Petitions Articles with this Petition and the Articles annexed against Sr. Arthur Haslerigge in a speedy way of examination for relief and redresse of your Petitioners and take a review of your own Declaration made upon your Petitioners former Remonstrance And humbly prayeth the benefit of presenting of additional Articles as he shall see just cause and that without delay or procrastination for the good and safety of this Nation That the said Sr. Arthur Haslerigge the chief cause of all the present Northern miseries may be sent for as a delinquent to answer the several matters laid to his charge in the Articles annexed and that at his comming up he may not be admitted to sit as a Judge in his own cause but stand in the capacity of a Delinquent till he hath undergone his tryal your Petitioner being ready at his uttermost peril to make good his charge either before this Honourable Councel or the high Court of Parliament That all the other charges against Sheriffe Howard the Justices of the Peace Commissionters for the Ministery and Militia in Cumberland may be put into a speedy way of examination and such as shall be found unfit removed from their places That Thomas Worsley who is aged four-score years may have his Petition read and relieved and that according to your Declaration upon your Petitioners Remonstrance your Petitioner and such Petitions as you declared to recommend to the Parliament may no longer be deferred the Petioners being utterly undone by attendance And lastly the Justices of Peace who contemned your Authority in fyning men for refusing book-swearing contrary to the Act of Parliament made in favour of tender consciences may be sent for to answer their contempt and provision made in the future that none in the Northern Counties be admitted to execute civil Office in the administration of Justice but such as are known to be well affected to the present Government And your Petioners shall pray as in their former Petitions Articles exhibited by John Musgrave Gentl. to the Councel of State against Sr Arthur Haslerigge Knight and Barroner Governour of New-Castle and the Northren bordering Counties The exceptions were brought in upon an Order of the Councel of State dated the 31. of Iune 1649 1. THat Sr. Arthur Haslerigge * contrary to his Engagement to the Councel of State and Councel of States Declarations upon the Petitioners exceptions procured lately such in the County of Cumberland to be Justices of the Peace Commissioners for Sequestrations Commissioners for the Ministery and Commissioners for the Militia there as were known Delinquents and such as are disaffected to the present Government and complying with the Scottish Interest as by the charge against them hereunto annexed and another charge against them formerly exhibited to the Councel of State may appear 2. That the said Sr. Arthur Haslerigge being the chief and leading Commissioners for the Ministry at New-Castle approved of such Ministers in Cumberland at New-castle as refused the Engagement were scandalous and Delinquents And such Ministers as were well affected without any charge removed from their Ministery and put them out of their places whereby he discovers his dis-affection to the present Government by upholding and countenancing the Malignant party in Authority and keeping under the Parliaments friends all which this Petioner is able to prove and further refers himself to the Copies of Letters hereunto annexed the Originals being in the Petitioners hands 3. That Sr. Arthur Haslerigge undertook to the Councel of State to examine the Articles exhibited by the Petitioner to the Councel of State against M. Charles Howard high Sheriffe of Cumberland but neglected the same came privately into the Countrey to Naward and there feasted with the said Sheriffe who is a dangerous and most notorious Delinquent as appears by the charge exhibited against him by the Petitioner to the Councel of State Captain Howard is son to the Lord Howard a Member of the Councel of State no Souldier and never did any service for his pay 4. That the said Sr. Arthur Haslerigge suffers Captain Howards Troop to lie upon free Quarter upon the Countrey for these four Moneths last past and doth coutnenance one Dobson Captain Howards Lieutenant who cheated the Troop of 1350. pound And when complaint was made to Sr. Arthur Haslerigge he never punished him for the same 5. That the said Sr. Arthur Haslerigge gave Commission to Edward Brigs to be Lieutenant Colonel for Carelile Garrison and made him a Commissioner for the Militia Ministry in West-merland a man known dis-affected to the present Government and lately cashered for his drunkenness and other miscarriages by the now Lord General Cromwel That the said Sr. Arthur gave Commissions to Thomas Craystour Cuthbert Studholme Captain Brown and others to be Captains and Lieutenants in Carelile Garrison men known to be dis-affected to the present Government profest Enemies to honest men most of them having now laid down their Commissions when they were to march into Scotland And the said Sr. Arthur doth countenance none in Cumberland but such as are profest Enemies to the honest party and are for the Scottish Interest 6. That by the said Sr. Arthur Haslerigges intrusting the Authorities and Militia in the hands of Delinquents and men for the Scottish Interest the well-affected in Cumberland and Bishoprick ly under greater oppressions then formerly under King and Prelates And the
his Delinquency his friends in the house of Commons provided an Order to the contrary and for his stay in the Countrey which he received ten dayes before he left the Countrey and came to London under colour to answer his charge but before he came away he caused all the Arms of the Countrey to be brought into his Isle upon the Counties charge and made Governour thereof one Bewley a vain drunken man and one that was disaffected to the Parliament who shortly after delivered up the same with the Arms therein to Sr. Edward Musgrave and Richard Musgrave Lawsons brother in Law and though Lawson raised great sums of money for maintenance of 30. men allowed him for the Isle he kept but 3. who upon the first summons delivered it up upon Sr. Philip Musgraves coming into the Countrey with 16. Horse at most the Committee gave him way to muster the Countrey without making any resistance and Carlile was taken in by 17. men which could never have been but by the treachery of Lawson and the Committee While Sr. Philip Musgrave thus raised men and money by the Committees compliance Lawson and Major Barwis he here at London and under pretence of their present going down got orders for auditing their accounts amounting to many thousands which they sold whereas in truth they had raised double the pay upon the Countrey and then lay a long time in London privately having caused the Parliament to be made acquainted they were gone into Cumberland while they were here in Town and whither they never went till after Preston battel That though Sr. Wilfrid Lawson was not in Commission in his travel from London he with his Lady and servants took free quarter and Countrey mens Horses from them in Bishoprick And after the surrender of Carlile to Sr. Arthur Haslerigge he procured Captain Fenwicks Horse to raise him great sums of money of the poor Countrey people for his pretended losses having no Order nor Act of Parliament for so doing whereof one of the brethren of Mr. Serjant Birket came to the Parliament to complain but the bad successe others had before in the like ease deterred him and so he returned without relief or redress That Sr. Wilfrid Lawson and the Committee to keep the favour of Sr. Philip Musgrave suffered his Lady to enjoy her Husbands Estate under colour of farming the same till Duke Hamleton came into Cumberland Sr. Wilfrid Lawson did for a long time take the profits of Rose-demesnes part of the Bishop lands to his own use whereof we came to the Parliament to complain But the Knights and Burgesses who served for those Counties were so far from assisting us to get our grievances redressed as to this day not one of them would ever yet present a Petition for us All such as were Countreymen for their Delinquency having since left the House but when any Delinquents of the County came to compound at Gold-smiths hall they never wanted some of our Parliament men to attend them thither and Sollicite for them The Earl of Northumberland who hath had 10000. l. for his pretended losses procured Mr. Allen a Gold smith of London to be elected Burgesse of Cockermouth in Cumberland who though he professed better things would not present a Petition for any of the Parliaments friends there Mr. Allen hath had Widdow Blaithwaits Petition in his hands more then three years yet unpresented who after she had attended above two years returned home without relief M. Allen kept the Petition of Thomas Gibson in his hand near two years a man committed by the Commissioners of Array and laid in irons for the Parliaments cause the poor man was glad to return home with nothing but empty promises from Mr. Allen to bear his changes near 300. Miles Mr. Allen kept the Petition of John Musgrave and Captain Crakanthorp so long as glad they were to take it from him Yet doth the said Earl imploy or intrust not any there in any Office but such as are professed Enemies to the Parliament And when the Earl was desired to present some Petitions to the House or Lords for some distressed in Cumberland he refused to do the same saying the never presented any such thing By the Earles imploying of the grand Enemies of the Common-wealth and Mr. Allen. neglect of his duty the Parliaments friends there still lie under greater oppressions then when the Enemy was possessed of the Countrey Sr. Wilfrid Lawson and the Committee with the countenance of Mr. Howard who raised two Troups for the Enemy under Duke Hamleton and resorted to the Enemy in Carlile and sent them Venison and other presents by the Votes of Malignants of Carlile of late got the Lord Howard Mr. Howards Father in Law returned Burgesse for Carlile and thereby they doubt not but to uphold their interest still knowing the Lord Howard will not present any thing to the Parliament whereby the oppressed Countrey and distressed friends of the Parliament may obtain any Justice from the Parliament as we have found the same too true by sad experience for being sollicited to present some Petitions to the Parliament for some of the Parliaments suffering friends after several dayes attendance he desired to be excused for he would not present the same So that without the assistance of your good Lordship and this Honourable Councel the well-affected of those Counties are hopelesse ever to come from under the oppression of their Enemies all Authorities there being in the hands of the sworn and professed Enemies of the Common-wealth some of the Committee there now residing in this Town being Justices of the Peace and having other great places and Offices of trust upon their coming thence declared they could not now Act with the Parliament which was the cause of their leaving the Countrey as they have said to some of their friends here There is not a Committee-man in Cumberland nor Justice of Peace in either County Cumberland or Westmer-land saving one or two at the most but many wayes have discovered his Malignancy and disaffection to the present proceedings of this Parliament And without the same be prevented it will be a means to draw an Enemy thither knowing they shall have no resistance Lancashire the next adjacent County who by their Petition to the Parliament against Sectaries subscribed with 12000. hands have manifested their disaffection will be upon all occasions likewise ready to entertain an enemy thence not a Member of the house there would ever yet present Mr. Worsley and his childrens Petition unto the Parliament who by the oppression of wicked Judges and the Prelates persecution are ruined in their Estates and every year have their goods taken away for their non-conformity to the book of Common prayer as in the Prelates dayes and to add to their affliction some Parliament men there namely Mr. Holcroft have banisht them the Countrey for Sectaries and by his Souldiers seised their rents there for these five years and still take up the
same being demanded by what Authority they did take up the Rents there Captain Holcroft held out his Pistol and said here is our Commission All which is fully and truly set forth in their Petition which doings and the like oppressions have brought the wrath and judgments of God upon the Parliament even by breaking them twice with their own strength But the Lord hitherto hath preserved the Nation from breaking by his righteous judgements upon the Parliament We therefore humbly supplicate your Honours to whom we fly for refuge and help as the last and visible means under God for our recovery in this our lost and perishing condition having not onely fruitlesly spent above five hundred pounds in attendance upon the Parliament but lie open to the mercilesse cruelties of our adversaries and every day in danger to be surprised by the common enemy If you neglect us the same may likewise indanger your safety as our ruine and hasten the curse upon you which as a Milstone is fallen upon the late King his House Pears which you can no other way avoid then by your equal and due administration of justice to the poor as to the rich which in all probability will break factions and recover unto you the lost affections of the people and raise again the drooping spirits of your oppressed distressed friends and prevent the adversary of his purpose Now the better to facilitate this great work so long retarded by some corrupt Members of Parliament where if not by your all delayes and obstructions of Justice ought to be examined and redressed It will not be amisse here to relate the expedient the wisdom of our Ancestors found out to prevent the delay of Justice and not to be left onely to the will of private and particular Members of Parliament when and how to bring in Petitions as now is practised to the dishonour and great scandal of the present Government ruin not onely of private families but of whole Countreys and which hath rendered the Parliament to be no other then upholders of Injustice supporters of Tyranny and oppression far contrary to our exspectation and their promises and engagements and which necessitated his Excellency and Armies to advance to London twice against them The old and good way of bringing in Petitions into the Parliament for the equal distribution of Justice to all Suitors was not by the Speaker or any particular Member thereof but by the Masters of the Chancery who by their place and Office were to attend the Parliament for that very end and purpose as the Rolls of most times witnesse it being by the old mod tenend Parliament and others accounted against reason that Petitions should be taken brought into the House by those that were to debate and determine them for so might they at pleasure keep them out or too happily press them on Therefore saieth the same Author Petitions were filed in course and so to be debated as they were received which were intrusted to the care of known and sworn Officers of the Kingdom who of old time were appointed for triers of Petitions to enquire of the matter of fact expressed in the Petitions that it might be rightly stated before it came to be debated in the House By the disuser whereof Justice hath been obstructed the same hath brought contempt upon the Parliament no means left us for making known our grievances and to compleat our misery the worst of men again creep into Magistracy by which they do the Parliament more disservice then when they openly acted in the way of professed enmity as by this ensuing storie of a cunning welch Judge will appear A Gentleman suspecting the welch Judge to have been the cause of putting several of the Parliaments friends out of Commission of Peace and others known disaffected and delinquents to be in their place did entertain discourse with a bosome friend of his by way of complaining The Gentleman said the Judge was ever taken for a friend to Cavaliers and it was not well taken that he had put A. M. from his practise for A. M. was truly the Kings friend the other replied and said if it were so the Judge should bring him again to his practice for he loved the King and never was man so cast down as he and his Son were for the Kings death both of them wept bitterly when the King died then said the Gentleman but I fear the Roundheads will complain of the Judge for putting them out of Commission and the Kings friends in their place and so the Judge might come into trouble and be lesse able to serve his friends the other answered take no thought for that as he waited all opportunities to do good Offices for the King and his friends so he doubted not but to come fair off if Roundheads did complain of him for a Parliament man whom he then named would own the thing as his own act who was able to deal with all that should oppose By all which your Lordship and this Honorable Councel may clearly perceive what imminent danger you are subject unto by these petty Tyrants of the time who as they oppresse us so they wait but for an opportunity to remove you from your seates Now we leave it to your consideration if delay of Iustice be adenial of Iustice or rather Injustice it self how unjust men be these our Northern Gentlemen of the House of Commons who since the Parliament began would never present a Petition for us some of us having since the third day of the Parliaments first sitting down attended and sollicited for that purpose therefore as you tender your own safetie regard you Honors respect Justice love the Common-wealth and are affected with any bowels of compassion towards a distressed afflicted and oppressed people take our Remonstrance into your serious consideration with these our humble requests 1. That all Delinquents in the North according to Ordinance of Parliament may be removed from all Offices Civil and Martial and that under a penalty 2. That the Moneys unduly leavied by Sr. Wilfrid Lawson or any others with us upon the Countrey without order or Ordinance of Parliament may be accounted for and satisfaction made to the parties wronged 3. That Mr. Worsley and his childrens sufferings may be taken into consideration and relieved and provision made that for their non-conformity to the Book of Common-Prayer they be not further molested either in their Persons Lands or goods all charges charged and issuing out of the Exchequer against them for the same may be discharged and nulled and the burthen of Book-swearing taken away 4. That John Musgrave Captain Richard Crackanthorpe Mary Blaithwaite and Thomas Gibson who are wasted with a long and chargeable attendance may have fitting repairations for their losses and sufferings by the Commissioners of Array Justices of the Peace and Committee-men of Cumberland 5. That Mrs. Vaux Petition with the House of Peers Order upon it may be