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A89423 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 Parlament 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.; England and Wales. Parliament. House of Commons. 1646 (1646) Wing M3144; Thomason E323_6; ESTC R17785 19,091 16

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Parliament but by constraint have by subtle speeches and clandestine wayes gradually wound themselves in to be Committees for the Parliament and some to be Commanders Who so palliate and vail their actions with pretences of State that the well-affected and friends of the Parliament cannot have justice or are so delayed in their just suits that they are quite wearied out and discouraged The Petitioners therfore humbly pray this honourable House to take the premises into serious and due consideration and for prevention of the great mischiefe that may happen if not prevented by disheartning the good and animating the ill affected To order that all such persons as have been in Armes against the Parliament Malignants and Neuters may be removed from being Committees or Commanders and that their place may be supplyed with honest men who have ventured their Lives spent their Estates in and for the Parliaments service And they shall ever pray c. The Coppy of a letter sent by Mr. John Musgrave Gent. to Alexander Rigby Esquire a member of the House of Commons Worthy Sir LIttle did I expect to have beene so troublesome to my friends upon such an occasion as this sitting a free Parliament we were in hope when the High Commission Councell Board and Starre-chamber were taken away according to the Law that we had been free men and no more subject to any Arbitrary Power But according to the Law we should have beene protected in our just Liberties and have had justice done us without begging or intreaties I have beene kept Prisoner here some 13. weekes yet neither by solicitation of friends or petitions can I get audience I desire but the benefit of the Law which I claim as my Right either to bee justified or condemned by the same favour I desire not no other then the innocency of my cause deserveth Justice only I expect as you have ever professed your selfe to be the Common wealths servant so I desire you in the behalfe of my Country to move the House that I may have my Liberty being their Agent and their Cause put in a way of Tryall This is all I desire from you which I hope you will not deny me and I shall bee From the Fleet Prison 29th of the first moneth 1646. Yours to do you service John Musgrave The coppie of a letter sent by Mr. John Musgrave to Sir Arthur Hasilrigge Knight a Member of the House of Commons Sir I Am given to understand that my petitions and letters of late published by some of my wel-wishers under the title of A word to the Wise were delivered unto you by Mr. Peters there is nothing in any of these petitions and letters which are mine but I am ready to owne and avow and if I may have but common justice and an equall hearing I doubt not but to make good the same to be agreeable to law and truth I am informed that you alone have taken upon you to be my judge and have already condemned me and cast many vile aspersions upon me giving forth how I comply with the Scotts to drive on some wicked designe of theirs tending to the prejudice of the State and undoing of my Countrey which if it were true then are you blame-worthy to passe by the same and not to bring me forth to condigne punishment for already you have given out sentence and adjudged me guilty though younever heard me speak and I suppose never knew me by face but howsoever though I were guilty of that wherein you condemneme yet it doth not beseeme you nor any in the place of iudicature as you are to condemne any man unheard and who is absent nor to have respect of persons in iudgement And none but unrighteous iudges will doe so for it is good and agreeable to law what Seneca saith Qui ●●●…d statuerit altera parte inauditu aequ●m licet statuerit hand aequus est He that determineth and ordereth any thing the one partie being unheard although he determine and order that which is right yet is he uniust And this your doing is the more grievous in that you insult over a poore prisoner whom you now have in bonds and so not in place to answer for himselfe I complaine of Traytors whom you suffer to walke at libertie I have given in charges against them unto you yet cannot get them brought to answer whiles I am cast into prison before any charge be brought against me put to answer interrogatories and no accusers comming against me Traitors whom I accuse are continued in their authorities yet almost foure months have I laine in prison and know not for what but hetherto neither by friends nor petitions could I ever obtaine that favour and right which of dutie you owe me and all the free borne of this Kingdome to have audience and libertie as a free man to answer for my selfe for as you can exact no obedience of us further then by the law so may we boldly claime iustice according to the law which to deny us is iniustice in you by the law I am blamed because I decline the Committee how should I expect any good from them when they dare not or will not suffer our cause to be publiquely heard and debated but doe shut their doores against both our friends and also against strangers contrary to law yet suffer they our adversaries whom we accuse to sit with their hats on as iudges in the cause both permitting them and they taking upon them to examine us O England saith one well in the like case what 's become of thy liberties For if Sir Edward Cooke spake truth or knew the law that iudge who ordereth and ruleth a cause in his chamber though his order or rule be iust yet offendeth he the law and the reason he rendereth is for that all causes ought to be heard ordered and determined openly in the Kings Courts whether all persons may resort and not in chambers or other private places See Cooke 2. part instit fol. 103. And how can I assent unto the Committ●es demands to bring witnesses to be examined before such a Committee as cannot or is not authorized to administer an oath and so consequently cannot determine or give any iudgement for or against the partie accused for that all matters of fact and causes criminall are to be tryed and determined by the verdict of 12. men upon the solemne oaths and depositions of witnesses See Cook 3. part instit fol. 163. And how can I without incurring the haynous sin of periury submit unto the arbitrary proceedings and determinations of any Committee being bound by solemne oath and protestation to maintaine the lawes and iust liberties of the people and that the proceedings orders and results of the Committees be arbitrary and not regulated by the law I need no further proofe then that exorbitant and unlimitted power they take upon them and daily exercise in seizing on free mens goods and imprisoning their bodies contrary to law For
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 Parlament 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 for betraying his trust in placing Traytors and Malignant officers in chief places of command to the apparant ruin thereof and landing of the Irish Rebels there did illegally commit the said Mr John Musgrave to the Fleet where he hath lain these 4. moneths without any justice or tryall of his businesse For refusing to answer Interrogatories otherwise then according to law by writing or to stoop unto the arbitrary and illegall proceedings of a Committee who admitteth the parties accused to sit with their hatts on and committeth the accusers to prison though they themselves doe offer to suffer if they prove not their charge by sufficient witnesses Though band joyne in band the wicked shall not be unpunished The righteous is more excellent then his neighbour but the way of the wicked will deceive them He that justifieth the wicked and he that condemneth the just even both those are abomination to the Lord. Pro. 11. 21. and 12. 26. and 17. 15. Printed in the Yeare 1646. To our worthy and much respected friend Mr. Iohn Musgrave Sir AS time that precious jewel bringeth forth the truth of all things so have we gained more knowledge of your just cause and uniust sufferings since we published your last letters and Petitions under the title of A word to the Wise for we have not only received more letters and Petitions which we have here also divulged but likewise the coppie of an order from the House of Commons against that little booke of which order the words are these Die Martis 17. Ianuary 1645. The house tooke notice of a Pamphlet intituled A word to the Wise displaying great augmented grievances and heavie pressures of dangerous consequence And it is ordered that it be referred to the Committee of Examinations who are required to make a strict inquitie after the Author Printer and divulger of the said Pamphlet and to give a speedy accompt thereof to the House Here is a word to the Wise indeed a great noise of hue and cry for a man that like worthy Nehemiah never ran away It is a wonder that those few men should thinke all other men blind but themselves What Butcher is so idle and undiscreet as to send his blood-hounds abroad to drive home an Ox which he knoweth is already in his own back shop Only it may be that some time he will make great search for his knife whilest is sticks in his teeth And is it not as great a wonder that they doe offer thus to search abroad for the Printer and divulger of that booke and not seeke their owne s●…et prison at home for the Author Mr. Iohn Musgrave and owner of the chiefe parts thereof whose name is so eminent and often therein expressed It is most certaine that such dealing cannot long prosper more then Zimri did who killed his master But be of good comfort the same God who sent the Ravens to seed Eliah Ebedmelech the black-more to comfort Ieremiah King Pharoahs baker to deliver Ioseph● will have the like care of you and all that stand in the gap either for religion or the just freedome of the nation Great cause have we to be jealous of many whem we have trusted with all that is nearest and dearest unto us in this world and in whose defence so many thousands of lives and such abundance of treasures have been spent and such multitudes of Widowes and Orphans left in distresse and still though persecuters and oppressors be changed yet both persecution and oppression remaines For although the Counsell table Star-Chamber and High Commission be put down yee all the free born of this kingdome doe feele the power thereof transformed in another habite and still remaining in the Committees as is too apparent by their manifold illegall proceedings to enslave us But our comfort is that though the world should turn upside downe and the mountaines fall into the sea yet it shall be well with those that feare God Fare well The Copy of the Commitment 25. Octob. 1645. Upon Mr. Lisles report from the Committee to which the Informations given in by Mr. John Musgrave and Mr. Osmotherly 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. John 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 untill 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 accordinlgy for which this shall be your warrant dated 27. Octob. 1645. William Lenthall Speaker To the Serjant 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 ●7 Octob. 1645. Edward Berkhead Serjant at Armes The 27. day of the first moneth 1646. there was a petition out of York-shire presented to the Parliament whereof the true copy here followeth To the Right Honourable the Knights Citizens and Burgesses assembled in the Commons House in Parliament The humble Petition of many thousands of the Wel●affected in Yorkshire Sheweth THat they ever looked on the Parliament as the only refuge under God in this Kingdome for the relief of the distressed Subject from Popery tyrannie and injustice and therefore have in and for the defence of Religion the priviledges of the Parliament the rights and libertie of the Subject ventured their lives spent their estates and have been plundered of their goods even to the utter undoing of many of their wives children c. That of late many of the Kings partie some who have been in Arms in open rebellion against the Parliament others who have stood as neuters waiting to side with the stronger partie and no way assisting the
presented to the House which not many daies after hee did accordingly And thus as my ends and intentions herein were reall and honest so I hope the means which I used to attaine thereunto were no wise unlawfull nor indirect But as I cannot flatter neither give vaine titles to any so I hold it ignoble and base to bee ingratefull either by neglecting such persons or not acknowledging such favours and the rather that they proceeded from strangers when as my owne Country men who both of duty and by oath were bound unto us so unworthily so long delayed and at last refused so that they both neglected us and sleighted our cause and Country Let others say and do what they please as I am not ashamed to owne and acknowledge favours received from my noble friends so for my part as Lieut. Col. Lilburne speaking of the justice done to him by the House of Peers saith in his book intituled Innocency and truth justified Pag. 75. I am resolved to speake well of those that have done mee justice and not to doubt they will deny it me till such time as by experience I find they doe it Sir if I had found the like timely justice from you I would neither have had so much cause thus to complain nor to have been so much beholden to strangers whom the Parliament have still accounted friends And if you for your own part had beene as tender of your friends to whom you professe kindnesse and to your Country to whom you owe duty as I have alwaies been and still am ready to approve my selfe at all times in all faithfullnesse to my Country and forwardnesse to promote their just cause wherewith I am intrusted and which hath purchast no small envy of the great enemies of our Countrey I do verily beleeve that some of your suffering friends in the like condition with me who have relyed so much upon you had not been so frustrated in their expectation and driven to so great straites as to seek that comfort which you professed and might with ease have afforded And you would have been more ready to have vouchsafed your assistance to have brought Traytors and enemies to the common wealth to condigne punishment according to your severall oaths protestations and subscriptions and would have beene ashamed that traitors should have walked at large in London streets whilst your cordiall friends their prosecutors are cast and kept by you in prison for no other cause wherewith they can be iustly charged but for that they stand for the lawes and iust liberties of this kingdome neither would you have been so censorious to condemne that man whom the wel-affected of his countrey have thus intrusted and on whom they doe still relye and against whom you know nothing but bare and groundlesse reports and under hand calumniations which no iudicious generous nor truly honest man will beleive yet if you be not resolved against knowledge to act or if there be any hope to recover and bring you to a right understanding of our countreys cause my earnest desire is to undeceive you if possioly I can and have the more inlarged my selfe the better to informe you of the true state thereof And I doe assure you if I may have iustice done me by mine owne countrey men I will never seeke unto strangers for it was no small griefe unto me that from none of mine owne nation I could obtain so much favour neither by intreaties nor recommendations as to present the iust complaints of two counties which so much concerned the weal and safety of two kingdomes but was driven to that extremitie even to have returned home to our owne Countrey which is nigh 300. miles distant without any hope of so much as getting a petition presented to the House of Commons if by meanes under God of the Lord of Warriston to whom before I was never known by face those our grievances by petition and articles had not been put up to the House By all which passages you may perceive how wickedly I am dealt with and traduced by the friends and favorites of our and our Countries enemies so that I may truly say that the slanders of my adversaries is more quicke then any martiall law for by them I have been arraigned condemned and executed all in one instant if in a mans good name doth consist his life and honour your selfe being iudge However give me leave to tell you if I may obtaine that favour from you as to mediate for me into the house of Commons and in my behalfe to present unto them this petition here inclosed to the intent my countries iust cause may be put into a way of tryall And whatsoever my adversaries say I will engage my selfe in the behalfe of my countrey to prosecute the same to a full period and make good our charge against them or otherwise as I have formerly offered by my letter to Mr Speaker to undergoe such penaltie and punishment as by the rigour of the law may be inflicted upon me And in the meane time J would have my adversaries to understand that I am nothing east downe though layed and kept by their meanes in prison but still relying upon God and the strength and truth of my cause and the iustice of the Parliament and resolved though freedom were made capitall and truth accompted never so offensive not to relinquish nor desert the iust cause of my countrey but in all loyall obedience to authority my endeavours shall be to persorme that duty which I owe to my countrey and discharge that trust they have committed unto me Yea and to my utmost power by all lawfull wayes and meanes according to my oath and protestation to set my selfe against the sactions and attemps of the adversarie in the defence of the lawes and our iust liberties wherein I shall not spare to spend my selfe and put to hazard whatsoever is nearest and dearest unto me and so I wish you may account it to be your honour whom we have honoured to chuse as our trusties to sit at the helme of this our tossed ship in such an ocean of tempestuous waves even to execute righteous iudgement as yee wish to come to a fa●re haven and as ye labour to destroy your cruell enemies so to protect your trustie friends who have in all assaults and extremiteis never relinquished you nor the common cause of this distressed kingdome thus hoping yee will all unanimously use your best endeavours to deliver us your selves and the posteritie from all the bondage and oppression which is now exercised over this bleeding nation and restore us to our ancient liberties at least which our ancestors by their blood so dearly purchast that henceforth we may injoy peace and truth with the administration of iustice which is the earnest sute and servent desire of Your faithfull friend in all due respects John M●●●●… Farewell John Musgrave Sir I forgot one thing which I desire to be cleared which is the
before and no man knowes how to call them to account unlesse they deal with them as the Romans sometimes dealt with their Senators or as the Switzers dealt with their tyrants for the money is the Kingdomes and not the members of the House of Commons and the Kingdom ought in Justice reason and right to have a publique punctuall and particular account of it and therefore it ought not to be in the hands or fingers of those that are able to make so great a faction as are able to protect themselves from Justice and an exact account O that that gallant man L. G. Cromwel to whom the Kingdom for their preservation under God oweth so much would a little more deny himself and cease to be a stalking horse and a dangerous president of most dangerous consequence to these wicked mercinary pluralists non residentary great placemen for whom an Hospitall of any consequence cannot fail but they must be government of it nor a putty place in the p●●… bag office but they must get into it which men of the Kingdome would rightly consider it have just cause to disclaim as none of their patrons but proclaime as their enemie and destroyers being only pecuniary self seekers For so long as parliament men can per●… their hands the riches and treasures of the Kingdom and live like Kings and Emperours and like lawlesse men none such being of Gods creation for he never created a lawlesse man there will never be 〈◊〉 end of this Parliament which by its everlasting continuance by the abuses of lawlesse and rotten hearted men Machiavels sons whose principall it is when he would destroy a State or Kingdom and deliver them into the hands of their enemies to put them upon ads of injustice oppression and invading of the people right which is the only way to effect their ruine and destruction will become the must absolute burthen and greatest oppression that ever was upon the people when as in times by past it used to be their onely remedy from their oppression and oppressors The thing that we wish L. G. Cromwel to consider of is this that he was chosen a Burgesse for Cambridge to sit in Parliament and not to be Lieut. Gen. of an Army both which places he ought not in conscience nor cannot in equity honesty and honour hold but either must come and fit in Parliament his proper place or else he ought to advise and permit them to chuse another Burgesse to sit in his stead which we conceive would be the greatest and best peece of service that ever he did the Parliament or Common-wealth in his life who both are in the high roade way of destruction by these mercinary pluralists great place men for to be a member of the House of Commons is enough to take up the whole and intire man without deviding it although he were five times wiser then any man there appears to be and if Cromwel would do his duty herein their vail and president were taken of and laid down which would be for his exceeding honour and glory and the unspeakable good of the Kingdom Wherefore dear and beloved friend Mr. Musgrave seeing God hath given you the spirit of boldnes wisdom understanding zeal and courage lay it out more fully for the good of your Countrey and speedily present him with a home and plain Epistle for that end and we also intreat you to make some observations to him upon what you will find in the 19. 20. 21. pages of Englands birth-right and presse them home to him Curteous Reader At the Lord Major of London his house the 16th of this second moneth 1646. upon divers complaints made by the ministers of London against many parishes and particular Citizens for not payment of tithes and after severall daies disputations in free publick meetings at his hall between the Plantiffes and defendants by themselves and their learned Counsell and many arguments discussed on both sides it was found at last that howsoever th●se priests have exacted and received tithes a long time yet altogether unjustly by the law both of God and man for the one Christ hath prescribed voluntary maintenance for his pastors to feed all his flocks and for the other that statute of the 37. of H. 8. authoriseth certain Commissioners to make a decree for the paiment of tithes to the London Ministers and what they shall order and decree shall be binding to the citizens of London in case the decree be made by such a day and inrouled in the high Court of Chancery but in case it be not inrouled there it is no law and so not binding but Mr. Nerborow the citizens counsell produced to the Lord Maior a certificate under the Registers hand that it neither is nor never was inrouled and therefore the ministers may goe whissell for their tithes Next the tithes were given to maintaine those priests who read service which none do now because the service book is abolished and so no work no wages And thirdly Though that English masse book were yet in force these black-coats now are not the men for whom those tithes were provided but onely such as were ordained by and serv'd under the Bishops which ordination and service these Priests now have not only renounced but quite deposed and rejected those their masters And so if they be to seek new masters and new work they must also seek new wages Yet it is my advice and I trow will be their best course even to worke with their hands as many better men do and not to live idley by the sweat of other mens browes Psal 141. 5. Let the Righteous smite it shall be a kindnes and let him reproove me it shall be an extellent oyl which shall not break mine head for yet my prayer also shall be in their calamities Proverbs 27. 6. Faithfull are the wounds of a friend but the kisses of an enemy are deceitfull FINIS