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A89427 Musgraves musle broken, or Truth pleading against falshood; being a just defence and answer to two papers read by Sir Arthur Haslerig: set forth in a letter written to Mr. Moyer, one of the commissioners for compounding. Wherein is discovered how the common-wealth is abused by sub-cummissioners for sequestrations, and a revenue of 13000 l. per annum brought into the state, upon the discovery and charge of John Musgrave. Musgrave, John, fl. 1654. 1650 (1650) Wing M3152; Thomason E626_26; ESTC R206571 16,170 22

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Musgraves Musle broken OR TRUTH pleading against FALSHOOD BEING A just Defence and Answer to two Papers read by Sir ARTHUR HASLERIG set forth in a Letter written to Mr. Moyer one of the Commissioners for Compounding WHEREIN Is discovered how the Common-wealth is abused by Sub-Cummissioners for Sequestrations and a Revenue of 13000 l. per Annum brought into the State upon the Discovery and Charge of John Musgrave Printed Anno Dom. 1651. Courteous Reader IT is not my intent to apologize here only I present to thy view a short Narrative of our Northern bordering State transactions how subtilly the adversary holds up his declining Interest and by Sir Ar. Haslerig 's influence upon the Parliament and Councel of State hath got into their hands the whole State Revenues there justice is the honour of a Nation but injustice the shame thereof a few of our old Kingly Monopolists and new State Apostates by Sir Ar. Haslerig's meanes have got all the Authorities into their hands they now more tyrannize oppose and squeeze the Countrey cozen the State and inrich themselves out of the ruines of poor plundered people then any ever did or durst attempt under a King and Prelates And for that it is inconsistent with a free ingenious spirit to be subservient to the injust and injurious actings of our Northern Nimrod none therefore there but such as be either Cavaliers and so under his Rod if they comply not or his own vassals mercenary and dependant Creatures must be intrusted in any Authority there as here in part and more large hereafter I shall fully manifest in my answer to two nameless Pamphlets called Musgrave musled c. The occasion of writing this following Letter to Mr. Moyer was this By an Order of the Commissioners for compounding the 2. of Jan. last I was summoned to appear at Haberdashers-Hall the same day there when I came Sir Ar. Haslerig caused a Letter to be read from Sewel and Laughorn two of his Sub-Commissioners and a note of my writing touching the pretended agreement betwixt Mr. Briscoe Cap. Crackenthorp and my self I then desired that I might have a formal Charge exhibited against me and offered to answer immediately and desired to have Copies of the Letter and a note read against me but both denied Sir Ar. Haslerig 's carrying them away with him the forgery and falseness of both thou maist plainly see in this following Letter to Mr. Moyer and as Sir Arthur read the one openly so I have caused my answer to the same in this letter to be published for the satisfaction of friends and undeceiving of others that take it for granted Sir Arthur's onely study and care is to advance the publick and the men placed in Authority by him be honest and faithful in their imployment there is not any thing here asserted for truth but if I may have liberty I shall make good the same and what I have done here is not out of any discontent emulation or private grudge to Sir Arthur Haslerig or any other person but for rescuing wronged truth and right information of an abused deceived State by these worthless and mean men thus promoted and protected by Sir Arthur Haslerig who by his power and greatness keeps them from giving account for their miscarriage and misgovernment The poor North groanes for liberty but hopeless to recover their native freedom whiles Sir Ar. Haslerig is Commander and Lord peramount over them only their hope is in God that he will shorten the dayes of his unrighteous raign and put it into the hearts of the Parliament to call him to account not only for all the vast sums received out of Goldsmiths Hall Countrey sequestrations fines free-quarter and other unwrrantable Levies and Sesments but likewise for his despising Parliament Authority making his will and lust not the Acts Ordinances of Parliament the rule and square of his actions which if ever it come to equal examination and tryal let me suffer death if he prove not more peccant by farre then I have rendered him in my Charge whereof the Councel of State declared notwithstanding their Order intimates otherwise that they had no cognizance he being a Parliament-man and left me to the Parliament to promote my Charge there but how to do it or by whom I know not yet nothing doubt but God ere long will bring him to answer for all his oppressions and wrongs done us This is the prayer and expectation of him who desires to live no longer then he shall be true to the Interest of Englands Common-wealth and a faithful Servant to his Countrey JOHN MUSGRAVE A Letter written to Mr. Moyer one of the Commissioners for compounding wherein is set forth the abuses of the Sub-commissioners for Sequestrations and how the State Revenue may be advanced without wrong to any honest Interest SIR THis other day a nameless Pamphlet came to my hand called Musgrave musled or the mouth of iniquity stopped wherein is printed a Letter from Thomas Sewell and Thomas Laughorn two of your Commissioners for sequestrations in Cumberland and directed in haste to Thomas Craister Major of Carlisle at Newcastle with a paper said to be of my writing with a Certificate from a Minister one Nicholson touching Cap. Crackenthrop and mine agreement with Lawyer Briscoe both which Sir Arthur Haslerig read before you at Haberdashers Hall but carried the same away with him so I could have no Copy of either of them otherwise before this I would have given a satisfactory answer to both and herein I doubt not but both clearly to vindicate my own innocency and integrity and plainly to discover what this anonymus and libellor hath writ is only to cast a mist before truth that the baseness and treacherous dealing of those men of whom I complain may escape in the fogge the better unespyed And for the honesty of M. Briscoe his former actions and time truths best discoverer will manifest I will not trouble you further then with what was by Sir Arthur Haslerig suggested and urged against me before you when by your Order I was convented before you without any charge against me The other part of that book against me in Sir Arthur Haslerig 's vindication as this Detractor is licensed thus to libel against me I hope I shall not be bound up from answering nor denyed legem talionis Sir After the Commissioners for the Militia in Cumberland were laid aside upon my exceptions delivered to the Councel of State Mr. Canne came to me telling me Sir Arthur Haslerig desired to speak with me I went to Sir Arthur Haslerig 's Lodging he seemed to be desirous of a right understanding betwixt him and the honest party with us and after some flourishing with King James his sword which he said he much valued he told us how he was deceived in the men named for our Militia but after he would not recommend any other 〈◊〉 honest men with us should fiest approve He said he had named
me a Commissioner for sequestraions in Cumberland I wished him to forbear doing it I could not attend that imployment by reason of my other private business and troubles I was incombred with but if I were a Commissioner I should not forbear his friends Mr. Howard and Sir Wilfride Lawson two great and dangerous Delinquents But when I understood I was joyned with such as were Delinquents themselves and with whom I could not take the Oath prescribed without perjury I intended not to have acted with them No seoner I returned into the Countrey but Graister and Laughorn writ to me to meet them at Carlisle for letting out Delinquents Estates for that year but fearing if I should have refused they should have laid the blame upon me if they had let them to the old sequestrators Sewel who were formerly Farmers at farre undervalues and understanding that the Governour of Carlisle and Craister were then Farmers of sundry great Delinquents Estates at lowe and inconsider able Rents and how the Governour of Carlisle had made great waste and cut down a wood of Sir Thomas D●cres as is said worth 5 or 600 l. and whose estate the Governour then farmed conceiving few or no Countreymen would or drust bid money for that the Governour Craistor or Sewell should desire to have if we should meet there upon that accompt I refused to go thither and writ to them that in regard the Governour Craister and Sewell who then overawed the Countrey and exercised tyranny and an arbitrary Government over the people by laying the Souldiers upon free quarter raising monies and causing Countreymen to bring in their Corn into that Garrison without money for the same or for carriage were Farmers of Delinquents Estates at farre undervalues few I knew within their own jurisdiction and that Garison drust contest with them therefore I held that place not fitting to draw the Countrey thither desiring they would appoint a more convenient place and I would observe the time and place at the first they said I should come thither or no place but upon asecond letter Isent them that I would certifie against them they appointed some two dayes after to meet at Hescot by eleven of the Clock but came not till 3 in the afternoon no intimation thereof being given to the Countrey when they came to Hescot being but 6. miles from Carlisle they excused their long stay in regard of the funeral Sermon made by one Balwyne for Sewells wife who dyed some three weeks before but Balwyne was fetched from Penreth and the more intelligent conceived their meeting was rather to cousult how to uphold the Scottish interest then for the Sermon by Balwyne who was and yet is a professed enemy to the Ingagement and present Government Vpon our sitting down none of our Countrey appearing Craystor and Laughorn desired I would consent to let the Delinquents Estates to the old Sequestrators and Farmers at the former Rents which I desented from in regard I knew the old Sequestrators did only take the same for the Delinquents use and benefit for whom they were Agents Vpon this our meeting was adjourned to Penreth for some 3. dayes longer onely upon Craister and Laughorns intreaty and protestation they knew the same to be worth no more I consented to a Lease of Sir Francis Howards Tithes for that year to Captain Briscoe for 30 l. but at our next meeting I found the State cheated of 30 l. therein for Mr. Pearson The Sequestrator did offer 60 l. for the same and said they were better worth In the mean time I sent into Westmerland for some friends to come to our meeting at Penreth at any other meeting I was never with them after fearing few or no Countreymen with us would appear in opposition to the Governour Crayster and the old Sequestrators and by my friends at that meeting I advanced the sequestred Rents near 500 l the worst service I ever did you and all the favour I shewed any Delinquents There were but two for whom I was solicited to shew some favour to viz. my Vnckle Sir William Musgrave and Mr. Pearson of Newton for Sir William Musgrave I raised the Rents of his Lands so high for which I was after threatned if ever the times changed to have the like returned For Pearson 't is true a bribe of 10 l. was offered me for my good will the other Commissioners being made sure for him The case was thus Mr. Pearson the year before had taken of the old Committee Newton-Tithes for 76 l. Sewell by the countenance of Craister pretends and but a pretence to have taken them for 50 l. requires bond of Pearson for the whole 76 l. to his own use Pearson refuses then Sewell procures Lieut. Col. Briggs being Deputy Governour of Carlisle to send a party of Horse to force Pearson and did force him to enter bond to Sewell for the whole Pearson complains to me how he was opprest by Sewel and Briggs and how Sewel intended to cheat the State of 26 l. and put it in his own pocket but Pearson after is sent for to appear before the Governour of Carlisle who with Craister partly by threats and partly through promises Pearson should have the Tithes the next year for 50 l. Pearson payes the whole 76 l. to Sewel but only 50 l. accompted to the State if so much to colour and cover this knavery and cheat the Tithe is agreed on to be let for 50 l. Musgrave is the only rub The commissioners offered them for 50 l. I having knowledge of their jugling caused one beyond their expectation to bid freely for the Tithes and raised them to 79 l. 19 s. which Pearson seeing and not willing to part with the Tithes gave the other 12 d. for increase so the Rent was that year 80 l. If Anonymus in that darke could have struck me with any such Arrowe he would not have missed this mark but I look upon this Pamphleter hired with a price by Sir Arthur Haslerig to murther my reputation which to an honest man is more dear then his life least I should enter the list once again with him and by help of unconquered truth unvale his hypocrisie and lay open his unfaithfulness to the State and present Government with his tyranies oppressions yet not discovered which in the strength of God I fear not but to do But in answer for Huddlestons pretended Estate I am sure the Commissioners cannot but acknowledge not any was more forward to promote their Rent then I. But upon Mr. Skeltons shewing the Exchequer Lease in right of his Sonne 't is true we said we could not discharge the Lands from under sequestration but the same were to be freed either in the Exchequer or by the Commissioners for compounding above and Skelton shewing an Order of the Exchequer made upon Mr. Fells motion a Member of Parliament in Skeltons right for freeing those Lands of Huddlestons recusancy and acquittances from the several
usage towards us upbraiding us ever with the Parliament would be a volum After many turnings and the Countrey freed from under the enemies power we made our addresses to the Parliament and the Lords upon reading our Petition sent it down to the House of Commons who referred it to the Committee of Complaints with power to send for parties Witnesses and Records Vpon serving the Order upon Mr. Briscoe and other the Justices Sir William Ermyne ever accompted a friend to Cavaliers with us by whose Votes his Sonne sits in Parliament as Knight of the shire for Cumberland procures an Order of the House of Commons for respiting the Summons we had procured upon our great charge and attendance having spent in the prosecution of that Petition near 300 l. Cap. Crakenthorp was hereat much troubled having suffered and spent so much for the Parliament to be so sleighted said he would make Mr. Briscoe know other way what wrong he had done us Col. Cholmley being then a Member of Parliament but since left the House for his Delinquency made his address to us and much solicited us to agree with Briscoe telling us how if we were friends he would by his friends here be much useful to the Parliaments friends in Cumberland and with much confidence did aver that it was impossible any Charge of Delinquency against Mr. Briscoe could be proved At Colonel Cholmleys and Captain Dawsons earnest intreaty as Mr. Briscoe the Merchant I know will acknowledge if not I am able to prove the truth of it otherwise more in regard that Mr. Briscoe would be a friend to honest men then for such an inconsiderable summe as to our losses by that imprisonment we were content to take 35 l. of Mr. Briscoe for the wrong done to us by him with this provisoe that our discharge or release to him should never be produced in evidence for to debar us from recovering damages for our false imprisonment of the other malignant Justices but we could not agree of the manner of the discharge whereupon Mr. Briscoe the Merchant said Conzen Musgrave write as I shall dictate to you and when it is done if you and the Captain like it not there shall no use be made of it and thereupon I did write the note or paper aske gave it in of which this nameless Libeller so much boasteth But did we upon reading it agree or subscribe to it nay did I not often say to him while I was writing it what he did dictate to me was untruth we had no charge of Delinquency against his Brother and we would not subscribe that paper aske him if he did not solicit us to subscribe it and upon what account he carried it away with him did he not premise to go that night to the Councel at Lincolns Inne with it and if Councel held it not good he would not require it but would come to us the next day with it did we not tell him what was written was untruth and we could not ever own it and before he was suffered to carry it away did he not promise if Councel held it not warrantable to return it us again the next morning for any such agreement or Ingagement under our hands as the Cavalier Priest falsly in his Certificate intimated the paper produced which you have seen will testifie the contrary where is now my covetousness dishonesty knavery or unwarrantable action in all this let the Lybeller tell me for his money we never expected nor desired it before the difference was setled by learned Councel but the next day we heard not from him for by this trick it seemes a design was laid to blast our reputation but blessed be God we are not afraid of such Bug-bears but warned to beware of men and be more cautious and careful of our wayes and walking We were men of private conditions but Mr. Briscoe the Lawyer a Justice of peace and Committee-man If you aske I will tell you how he had or was to have of S. Wilf Lawson by the mediation of 2. grand Delinquents 30 l. for imprisoning him by vertue of the Commission of Array how it did agree with his Oath to conceale S. Wilfrids Delinquency and not sequester him and yet have reparations for himself I know not but surely if this nameless Balaamite and hireling for Sir Arthur Haslerig had any such thing against me he would not be silent I confess As for Delinquency against Mr. Briscoe I could not to this day ever find sufficient matter to fixed charge upon him though I believe the Commonwealth hath many better friends and to honest men be ever professed himself an enemy the Character of the Gentleman Baron Thorp can better give then I yet that he hath acted with and for the enemy against the Parliament I believe for I have a warrant under his hand to that purpose but how to prove it legally I know not though his Brother doth believe the subscription to be his hand writing unless you will put him to the Oath ex officio which is against the Law of God and Man as you did my couzen Wharton in my case without any charge exhibited against me but if you had examined Cap. Swaine upon that Oath who the other day pretended such zeal for the Common-wealth before you against Mr. Primate he could have teld you what money and by whom was offered me in Michaelmas Terme last whether 60 l. more or lesse to forbear from prosecuting Sir Richard Grahams concealments and undervalues upon Cap. Crackenthorps Discovery and what Arguments were used to induce me thereunto how Sir Richard Graham would find better friends then I before you and why I should do it for a State that never did me good right not justice notwithstanding all my sufferings and high actings for them it stood neither with wisdom nor reason when by giving it ever I might not only gain a potent friend but have in hand a considerable summe to my own desire Cap. Swain if examined upon the Oath ex officio could tell you what monies this last terme were offered me in the same case and what Answer I returned But in case Sir Richard Graham had given us satisfaction for the wrong done us before the discovery by us made I quere whether it had not been our liberty if we had liked and the other desired if another had made the Discovery to have solicited for Sir Richard Graham without wronging the State as well as Mr. Squibs Brother who by soliciting for Delinquents before you is said to get 500 l. per Annum and yet no bribery in him I know you accompt it neither do I I further quere whether i● no information or Discovery had been made by us it had not been our liberty to have agreed with him for our personal wrongs and forborn if we had pleased to have made the Discovery If you had put Mr Craister to the Oath ex officio he could have told you how he and
Langhorn the last Summer refused to receive Discoveries against Delinquents in contempt of your Orders and great prejudice to the State I you had put him and Langhorn to that Oath they could have told you how they solicited me upon my bringing in before them my Discoveries of the 17. of October last to have forborn to do it saying I should do my Countrey bad service in it for by that meanes the Discoveries would come to the State and they had an intent to get all the Concealments and Discoveries to themselves as Sir Arthur Haslerig hath since done for them from the first of November last Now my Discoveries are the only let in their way being before that time ●nce Craister gave out in speeches before he went out of Town as my Couzen Wharton can witness that neither the State nor I should have any benefit by those Discoveries which I made the 17. of October last If you had put Mr. Craister and Mr. Sewell to the Oath ex officio they could have told you how they solicited me to withdraw my Charge of Delinquency against Col. Cholmley and Thomas Langhorn saying I should undo them if I did the same and they could tell you how they laboured with Cap. Crackenthorp to diswade me therefrom If John Musgrave had done any such thing how would this Tertullus hired to raile against me have opened his throat to declame against me what black epithites would he have given me you may easily imagine But those be Sir Arthur Haslerig's honest men and no place but at Newcastle you think fit to examine their misdemeanors I had almost forgot to acquaint you how upon my coming last to London Craister Sewell and Langhorn the day before I came out of the Countrey did earnestly intreat me that I would be their Solicitor at London for they knew I would be both honest and diligent in what I undertook and without some active man above you would do nothing so careless were you of what they certified as you made not any return thereupon Then they could fawn flatter and dissemble with me professing they knew I was glad to be out of Commission with them and how prejudicial the same was to my other business hoping thereby to have drawn me from prosecuting my Discoveries and complaining of them but now failing in their expectation they throwe their dirt and filth in my face to make me ugly and the Readers believe that it is my natural complexion and a leprosie growing from an inbred corruption But their and the Governor of Carlisle's Certificate of Craister's Judgement for a Congregational way are a like truth Craister being the Scottish Presbyters great Champion there and a professed enemy to ask such in that Countrey is favour Independency as I can prove by a Cloud of Witnesses Nay Craister hath threatned of late that such as walk in a Congregational way shall be debarred to meet to prayer and worship boasting to be armed with authority from Sir Arthur Haslerig to effect it Satan can transform himself into an Angel of Light but the hope of the Hypocrite shall perish and God will unmask in his due time the unworthy dealing and dissembling of this jugler For Mr. Nicholson if Sir Arthur had not read his certificate before you I should not further have troubled you with him by what is said which I am able to prove You see upon what weak props and rotten pillars Sir Arthur Haslerig would uphold his credit by a short true character of the man who calls himself a Minister of the Gospell you may conceive how by such men Sir Arthur Haslerig propagates the Gospell in the North. Nicholson while the enemy had any power with us complied with that interest after the Country was reduced to the obedience of Parliament upon the recommendation of some whom the Commissioners of the great seal best know got the Rectory of Plumland under the great seal of England granted him of which he makes Merchandize and sells the same to a Delinquent Priest one Eglesfield for an hundred pounds After upon Duke Hambleton's invading England withdraws himself to the enemys garrison in Carlisle and there he turns to his old vomit the book of Common-Prayer and was preacher before Sir Philip Musgrave and Sir Wil. Leviston the Governour of Carlisle of all which Craister is not ignorant By his friends now in authority he is placed at Thursby and of late upon the recommendation of Craister confirmed in that Rectory by the Commissioners for the Ministry of Newcastle And Eglesfield though a Cavalier Delinquent injoys his place likewise but who dares say that Craister is no honest man or Sir Arthur is a friend to Cavaliers and Malignants I have often heard you say you were under an oath Deceive not your selves God will not be mocked The Lords and Commons of Parliament whose seats you now possesse though high in power and great in wealth for their double mindednesse dissembling sleighting oaths regarding persons brother cousin and friends and despising men of mean lew condition God with contempt hath laid aside If you tread in the same tract they did notwithstanding you set a fairer guilt and glosse upon your doings God will find you out and you shall go off with as bad a savor as the snuff of a Candle when put out Your wisedomes and all your windings shall not prevent it and that sooner then you dream of if you despise Councel Now to carry witnesses for the Commonwealth out of Carlisle to Newcastle near a 100 miles remote from their dwellings for to Browgham in Westmerland not a mile out of Cumberland the Commissioners there being of your own naming upon Sir Arth. Haslerig 's recommendation as the other be and whom you may arm and alike authorize them to do it be more equall just and for the more ease and lessening of the charges of the witnesses and for the further incouragement of the prosecutor for the Common-wealth God judge and let all honest and unbyassed men well consider To presix a peremptory day for a hearing within six weeks and before the parties complained of have answered the charge and so no issue joined nay before any formall summons granted against them for their appearance and parties and witnesses living remote hence near 300 miles while you have made the prosecutor attend two moneths before be can have an order out made against a Delinquent and yet he cannot procure it be regular just and honest and if such difficulties or rather impossibilities put upon the prosecutor is not partial dealing or agreeable with your oath let the more judicious consider One question more I would offer unto you whether the high Court of Parliament be not a Court of equity as law If so then whether the Commissioners or Judges sitting at Haberdashers-Hall from whom there be no appeals to any other Court then the Parliament it self in cases depending before and determinable by them be not Judges