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Yet another word to the wise: shewing, that the lamentable grievances of the Parliaments friends in Cumberland and Westmerland. [sic] presented by their Commissioner, Mr. Iohn Musgrave, to the House of Commons above two years agoe, are so far yet from being redressed, that the House of Commons not only protecteth Mr. Richard Barwis, one of their owne members, from the law, being accused of high treason, as appeareth by the great charge against him in this treatise contained. As also against Sir Wilford Lawson, commander in chiefe of Cumberland, who betrayed that county into the enemies hands. ... But instead of doing justice either against them or other accused traytors to the common-wealth, they have most unjustly committed that worthy gentleman, Mr. John Musgrave, (their accuser and prosecuter to the Fleet prison) above these 12. moneths, ...
Musgrave, John, fl. 1654.
Wing M3155; Thomason E355_25; ESTC R201125
it should be thought the Parliament should seeme to justifie or connive at these their lawlesse practises and oppressions vvh ch vve are ready in a legall vvay to make good according to our charge by forbearance and sufferance of them For it is a maxime in Law Qui non prohibit quod prohibere potest assentire videtur He that suffereth and hindreth not that vvhich he may let is conceived and said in Law to assent Let no such blot lye upon that Honourable House let not the potency of our adversaries overthrow the justnesse of our cause neglect us no more lest besides the blame and out-cries for justice you bring ruine upon us and your selves by leaving us open to the Irish vvhich may the sooner invite Ormond to invade us vvith his Popish and revolted Forces having such an easie entrance if the same be not prevented As you tender the good and quiet of the State timely provide for this and have respect to our poore Countrey let all Delinquents Traytors and men dis-affected all such as are tainted vvith 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 vvould not be in the vvorst of times carried away or corrupted through feare or losse of goods or hope of preferment to joyne vvith or submit unto the Enemy or act in a nâvtrality vvhich is holden for detestable Neglect of those parts may prove of dangerous consequence There and not vvell else-where in the North may the Irish land at their pleasure and daily are expected there from thence Digby by connivance 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 the Kingdome Monnesse made his way for Scotland twice that way to the great losse of that Kingdom he invaded Scotland and took Dumfrece hence the Earle of Newcastle had his first rise of his popish Army in the North and daily supplyes of men and moneyes till the reducement thereof by the Scottish Horse hence since the reducement the Enemy in Dublin and the I le of Mân âhad Cole and Victuals Here the whole Gentry are Malignants Delinquents Papists Popish or ââse Temporizers Here not ten of the Gentry in boâh these Counties nay I dare say not so many have proved Cordiall to the S ate 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 raignes more then in any Country now subjected to the State so long as the powers and authorities resides in the hands of such Neutrals Temporiâzrs 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 sudden endanger the losse of the whole North by the help of that popish faction in those parts who have got in their hands the chiefe places of trust and command there though you had no care nor regard of us yet for your owne good prevent this mischiefe the which done may produce though little considered the fruit which may prove to bee a well grounded peace to the whole Kingdome Though neglect of us could be no prejudice to the publique which will be of no small concernment as I have already shown yet the redresse of our Countries grievances in common equity ought not to be so lightly passed over all which hitherto but all in vain for fourteen months together have been pressed on but by one Committee or other still frustrated and in Justice you cannot deny us audience and an equall triall either at the Common-Law or in full Parliament as in your wisdomes shall seeme best for the publique and our particular 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 curiÃ¢ regis non debet deficere conquerentibus in justitia adhibenda That the Kings Court should never be taââing to such as complaine in the doing of Justice And of Courts Judââiall we acknowledge the Parliament Supream which ever hath been and I hope still will be the great and faithfull up-holder of the Common-Law and of the rights and priviledges of all the loyall and true hearted Free-borne of the Kingdome I pray you good Sir peruse these papers and Copies of Letters the Originals I have all except two which Master Blaxston hath to whom they were sent and delivered withall I would entreat 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 prosse him further in respect he had formerly presented one for mee which was referred to the former Committee but by Mr. Lâste who is the Chaire-man suppressed and I could never heare 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 Master Hobkins the Warden of the Fleet which hath showne me kindnesse in his readinesse to do me this favour if by your meanes and the Justice of the House I may obtaine my liberty and our Countries cause put in a way of triall without further procrastination I shall not be unthankfull but ever rest Yours to serve and honour you JOHN MUSGRAVE From Fleet Prison this 25. of the twelfth moneth 1645. Errata PAge 1. line â for Northumberland Read Westmerland p. 2. l. 13. for Sequestrators r. Sequestrations l. 24. for ââtentright r. renantright p 3 l. 10. for of r. and r. 20. shillings p. 12. l. 23. for brethrens r. burthens p 14 l. 28. for 106. r. 10. shillings p. 16. l. 24. for lop r. Lordship p 18. l. 2. for hankes r. thankes l. 31 for warrer and warre p. 19. l. 1. for prime r. privy l. 22. for bluthwet r. Blaithwaite p. 21. l. 23. for might r. must p. 24. l 9. for mountaines r. mountainous l. 10. for 1000 r. 10000. l 11. for house r. hause l. 14. for slavesmore r. stainemore l. 19. for brethen r. beaten p. 34. l. 15. for against r. against them p. 37. l. 45. for delânquish r. relinquish p 38. l. 34. for caroches r. coaches p. 39. l. 23. for put r. put us To the Right Honourable the Commons in Parliament Assembled The humble Petition of John Musgrave Gentleman Prisoner in the Fleet. Humbly sheweth THaâ your Petitioner was halfe a yeare imprisoned by the Iustices of Peace and Commissioners of Array in Cumberland for