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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89429	A word to the vvise. Displaying, great augmented grievances, and heavie pressures of dangerous consequence. Appearing, by certain materiall weighty passages of speciall concernment. Remonstrating, the great dangers which the counties of Cumberland and Westmoreland are in (though now in the hands of the Parliament) but like to be possessed by the enemy, who aimeth at it, above all other landing places, from foraign parts; the said countries being more hazardable, sith that Mr. Richard Barwis (a member of the House of Commons) hath ... betrayed his trust, and placed traytors, and disaffected officers in the said counties, ... All which being certified by Mr. John Musgrave, Commissioner, ... who gave in the charge against Mr. Richard Barwis. And the House having referred the same to a committee, instead of prosecuting the charge brought against the said Mr. Barwis, Mr. Musgrave aforesaid was illegally committed to Fleet Prison ...	Musgrave, John, fl. 1654.	1646 (1646)	Wing M3154; Thomason E318_5; ESTC R200548	16,104	19

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 Graistock Castle 22. Apr. 1645. 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

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 Westmerl the 6. of the 12. Moneth 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 Musgrave and Osmotherley were referred who are to take the same into consideration And also a printed Pamphlet entituled Englands Birth-right 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

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 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 I le 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 I le 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 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 From Fleet Prison this 25 of the 12. moneth 1645. 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 t is 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 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 From Fleet-prison the 29. of the 12. Moneth 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 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