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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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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 hand joyne in hand 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 these 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 inquirie 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 Jt 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 it 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 fleet 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 Jt 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 feed 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 whom 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 yet all the free born of this kingdom● 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. Lifles 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 27. 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 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 you never heard me speak and I suppose never knew me by face but howsoever though I were guilty of that wherein you condemne me 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 aliquid statuerit altera parte inauditu aequum licet statuerit haud 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 Committees 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