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A89430 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. 1646 (1646) Wing M3155; Thomason E355_25; ESTC R201125 47,559 50

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Thomas Fleeming Kinsman to Mr. Barwis the Commissioner who was imprisoned by Col. Cholmeley for offering a summe of money to one to betray Graistock-Castle to the Enemy That Mr. Richard Barwis one of the members of the House of Commons and of the Committee of both Kingdomes with the Scottish Army is a protector of Delinquents and Malignants That when those Countices were under the Enemies power Sir Richard Graham procured a warrant from the Earle of New-castle for protecting Mr. Richard Barwis the Commissioners estate and his Wife lived there quietly and peaceably in the Enemies quarters without molestation That now the said Master Richard Barwis protected Sir Richard Grahams estate who is yet with the Enemy in Rebellion against the Parliament That he did intrust the command of the Castle of Rose to one L. Colonell Orfeere a great Malignant and a commander under the Earle of New-castle That when the said Mr. Richard Barwis was in Scotland before the Scottish Army came into this Kingdome and afterwards at Sunderland he kept correspondence with the Enemy That John Barwis Uncle to Mr. Richard Barwis and Michael St●i●holme who was present at the meeting told him that it was agreed upon In Mr. Richard Barwis commissioners chamber at Edenburgh before the comming in of the Scottish Army into this Kingdome That Sir Henry Bellingham Sir Wilfride Lavvson and Mr. Thomas Lamplough both brethren in law to the said Mr. Barvvis commissioner and divers others Delinquents should be put upon the Committee of Westmerland and Cumberland though then all three in Armes and actuall Rebellion against the Parliament and accordingly when the country was reduced by the Scottish Army these parties were put upon the Committees Concerning the Insurrection made in these counties they informe that the first insurrection was not pretended to be against the States but that they openly professed themselves Enemies against the Parliament That the manner of it was this Major Brigs procured from the Lord Fairfax a commission to himselfe to be a colonell and summoned all the county to appeare before him that he might make choice of souldiers that he and his Officers dismissed such as would give him 206 and detained the rest but afterwards diminished the price to ten shillings then to five shillings then to 12 pence and within a few daies after they summoned the country of a new againe and made their benefit of them as formerly That being before Skipton Castle with some forces upon Sir Marmaduke Langdaile comming to raise the Siege at Pontfret he came away from before Skipton and summoned the county againe to appeare and demanded the halfe of their goods to maintaine a garrison in Apleby that there were divers Skirmishes between him and the country people about that time that afterwards he did againe summon all the country to appeare and dismissed all those that would give him money whereupon the country and colonell Brigs falling into differences the Papists and Malignants made use of the opportunity and chiefly Sir John Lowthar a notorious delinquent cousin german to Mr. Barwis the commissioner and whom Mr. Barwis presented to the House of Commons to be commander in chief for Westmerland and the attendants and servants of the said Sir John Lowther possessed themselves of Bolton church and appointed the country people to come to a Randezvouse there with an intent to sease upon all the Strengths and Forts in those parts according to this intimation the country met the Lady Lowther furnished them with Ammunition and the Enemies Garrison at Shipton were drawing out for their assistance but all their designes were disappointed and the meeting of the country people dissolved upon the appearance of the Scottish Horse who were advertised of their intentions and invited thither for the assistance of the wel affected that about a fourthnight after there was another Plot of the Papists and Malignants for betraying of Kasewick Isle raising of the country beating a way the Scots and cutting of the wel-affected but this designe was discovered by a gunner of Sir Wilfride Lawsons who was hired to be an actor in the busines but being troubled in conscience revaled it and Sir Wilfride Lawsons Uncle who lives in the house with him was upon this plot That the Papists and Malignants failing in both these designes stirred up the country people against the Scots pretending the great Brethrens of the countrey and exactions made by them for maintaying the forces before Carlile That generlly all that joyned in that Insurrection were Papists Malignants their Tenants and servants That at the time of this Insurrection they did apprehend John Musgrave one of the informers and William Wheelewright saying they deserved no quarter but should be hanged especially Mr. Musgrave because he had been in Scotland and as they said was a chief Instrument in bringing in the Scots to take away the Service-book That they further could him that they were able to performe what they had undertaken that they would not want assistance for Northumberland Cumberland Yorkshire and Lancashire would rise with them to beat all the Scots out of the Kingdome And accordingly those of Cumberland did rise and likewise the Papists and ill-affected of Northumberland afterwards Where-upon the Scots commissioners desired by their paper presented to both Houses of Parliament in these words That the mony and provision taken up by the Scottish Army in those parts may be speedily brought to an accompt That these Informations may be speedily put in a way of triall and examination and in the meane time some persons of unquestioned affections and fidelity to the Parliament may be sent into the country to take charge of the Parliaments forces there and looke to the security of these parts The Scottish Commissioners Answer to the Parliaments Demands concerning the Informations given in by them and received from the Commissioners of the well affected of Cumberland and Westmerland ACcording to the desire of the House of Commons that we should acquaint the Members of that House that are of the Committee of both Kingdomes upon what grounds we delivered the Informations we received concernings Member of that House and other persons We returne this Answer That these Informations were delivered to us by John Osmotherley a Member of the Committee of Cumberland and John Musgrave Gentleman under their hands who declared they were ready to justifie and make them appeare That they shewed to us these Articles under the hands of above seven-score of the Gentlemen and Inhabitants of this Country That they had Recommendations from colonell Cholmeley a colonell of a Regiment of the Parliaments Forces there who is a religious and worthy Gentleman of whose affection and forwardnesse in the cause the Kingdom of Scotland hath had much experience That colonell Cholmeley in his Recommendation approves of the Articles and Ingages his life for the fidelity of Master Osmotherley and Master Musgrave That wee received diverse testimonies from persons here in Towne to whom wee give
refusing to submit to their usurped authority was after driven into Exile and all his meanes possessed by them untill the reducement of Cumberland to the obedience of Parliament Which his sufferings this Honourable House referred to the Northerne Committee whereof Sir Thomas W●herington is Chairman That your Petitioner was sent to this Honourable House by sundry of the well affected of Cumberland and Westmoreland with a Petition and Articles against Sir Wilfrid Lawson end others of the Commanders and Committees being such as were Delinquents so declared Traytors yet ●ut in Authority by Mr. Richard Barwis contrary to his oath and trust That your Petitioner is still ready to prosecute and make good the charge if he may have his liberty he having been imprisoned now 10 months upon an untrue report made to this Honourable House by Mr. L●●●e That your Petitioner his wife and children by the cruelty and losse sustained by the enemy were much impoverished and wasted and now by your Petitioners long imprisonment deprived of all meanes of outward subsistance and left in a petishing condition so as without his liberty and some just Reparations for his former losses he is in danger to s●ar●e and famish and he destroyed in your prison and his wife and poore children in the meane time exposed to all manner of miserie And all this for no other cause but for your Petitioners discouery and complaining of the oppressions and treacherie of yours and the Kingdomes enemies Your Petitioner therefore humbly prayeth that Sir Thomas Withrington be required to make the report agreed on a yeer since by Vote of the Committee for your Petitioners reparations whereby provision may be made for your Petitioner lively-hood That this Honourable House would be pleased to take into their consideration the miserable and sad condition of your Petitioner his wife and 6. children to gr●nt him his libe●ty and not to suffer him any longer to languish and be destroyed by your long imprisonment of him which both law and nature obhorreth whilst the knowne and professed enemies of this Kingdome and distroyers of their country are allowed to live at liberty and injoy their wealth gotten by spoile and rapine without any accompt making for the wrongs done to your Petitioner and others his suffering oppressed country men And your Petitioner shall ever pray Iohn Musgrave 1. September 1646. The PREAMBLE To all the Free-borne people of England BRethren and Fellow-Commoners God and the world knowes that the wel affected party or this Kingdome discerned by their voluntary bid to the Parliament shaving tried all possible faire ●●ans as much as any People for number power of any Kingdome or Nation ever did by Praiers Assistance Concur●ence Attendance Petitions Oblations Informations and Discoveries as well of Treasons as of utter desolations and perceiving themselves now at last to be in a fa●● 〈◊〉 condition both in number and power their Lives and states yea and precious time also being so far spent 〈◊〉 were at the first and like to loose all and scarely to have or leave so much as their Lives Lawes or liberties for a prey And seeing by manifold examples of grieveous exp●●rience that neither Petitions can be easily accepted justice truly administred the Presses equally opened the cryes of the poor heard the teares of the oppressed considered the sighes of the Perisoners regarded the miseries of the widdow and Fatherlesse pittyed nor scarcely any that are in distresse relieved but Lawes any way wrested most of our freedomes restrained Ordinances Protestations Oathes and Covenants slighted the hearts of all Estates King Parliament Priest and People ob●ured the wicked for the m●st port absolved the just often times condemned and most of all in Authority perju●ed not ●thers to take but neverthelesse by persecuting those who make Conscience to 〈◊〉 it even because they will not breake it In deep sad serious and lamentable con●●deration of all these grievous proceedings and as much by feeling the smart as ●●ring seeing or ●nowing the verety thereof chiefly the Opressions taxations Insurrections Rebellions Persecutions Violences Robberies Sequestrations and Com●●stions I with my poore one Talent in stead of him that hath Ten out of a duti●●ull and co●sciencious lo●e tender and p●tifull respect to my Nation now in this her great defection and apparent desolation chiefly for the remnant thereof who mourn in secret both for her great abominations sins desolations and their owne particuler transgressions and who doubtlesse are marked to escape the furie of Gods fearfull indignation Have used my best endeavours h●re both to shew the maladies and remedies of this sick swouning bleeding and dying Nation that if God hath not orda●ned it like Babell to sudden inevitable and utter distruction it may yet be cured and a remnant reserved according to the Lords usuall dealing in all his visitations remembring his tender compassions and mercy even in the midst of his fearfull judgments and severity that in despight of Sathan and all his instruments they may doe ju●●●ce and judgement and praise him in sincerity FINIS
and Westmerland and hath published the said Articles with other writings two or three severall dayes in one Church saying That those which will deny subscribing to the same should be no more troubled 2 That the servants of the said Mr. Richard Barwis with one William Capt Col. Lawsons Tenant and a Quarter-master doth goe up and downe the country parswading threatning and desiring such as subscribed the said Articles to deny the same in all or in part 3 That the said parties so imployed finding of such that subscribed doe inquire after others of the same name and procureth them to disclaime subscription and subscribe to what they desire as John Wilkinson of the Gilbank for Iohn Wilkinson of Loeswater and Thomas Symm of the New-towne for Thomas Symm of Ederside and Thomas Chambers of Hartlow for Thomas Chambers of old Bawbrey and so others 4 That the foresaid Cape being thus imployed did come into a house where Edward Smith servant to Mr Osmotherley was and begun to examine and question the said Edward about subscription to the said Articles but the said Edward refusing to make answer he not shewing any Authority for his so examining the said Cape did there-upon say he would commit the said Edward by Authority he had and so laid hands upon him but the said Edward making an escape the said Cape did command some men to fellow and he himselfe laid waite for him and sought houses where he suspected the said Edward to be 5 That with the said Cape there was one Robert Chambers and one Iohn Iackson a Quartermaster which gave the said Edward Smith reprochfull speeches the said Chambers wishing that the said Smith had been Smoothered in his Mothers belly and said if he could get him at the Abbey he would kill the said Edward and Iackson the Quarter-master said the said Edward was a seducing fellow in drawing some to subscribe the Articles and the said Edward had cost the Lopp of Holme twenty-score pounds in being an instrument to Mr. Osmotherley now a soliciter for the said Articles to raise the Holme in Armes for the Parliament Colonell Hodleston an enemy comming against the same 6 That the said Cape said if he could get the said Edward he would take a leg or an arme from him the said Cape did also send word to Mr. Osmotherley that he should not keepe the said Edward Smith for a servant Witnesse Edward Smith Thomas Grave John Satterthraithe This information written with Edward Smiths owne hand was by him sent and delivered unto mee about the 12. 4. mon. called April 1645. John Musgrave The complaint of Iohn Robinson of Mosser and Francis Smith of Egermond against the Committee of Cumberland SHeweth that the above named persons who have suffered fining plundring banishing and imprisonment for the cause of the Parliament having their dwelling houses door and windowes broken and violently robbed cruelly bearen and blooded also being mocked and called theeves murtherers and much more and all disaffected persons to the Parliament whereupon wee made complaint three severall daies unto the said Committee and could have no redresse not so much as our witnesses examined but wee our selves threatned with punishment by the said Committee and after this our sufferings under great Malignants without cause or offence committed by us thus wee were made a prey unto the will of Malignants by reason of injustice and for our labouring for Justice wee are exposed to further and greater misery The Complaint of Margaret Robinson of Pardsay Widdow Against Sir Wilfride Lawson Colonell for Cumberland Sheweth THat the above named Widdow Robinson being plundred by Francis Story Captaine under the command of the said Colonell Lawson of some certaine goods to the valew of about seven pound where-upon I made complaint to the said Colonell Lawson five several times by which I was put to great trouble and charges neare halfe of the former losses to the great rejoycing of many Malignants to know me who stood still desirous to see our Country possessed by the Parliaments forces and the Enemy therein supprest to suffer so much by them and not to enjoy the benefit of Justice by the said Commanders though voluntarily I promised halfe of the same to the publique purse yet for all this could not get any satisfaction This complaint was sent to me in 2. Mon 1645. John Musgrave To the Knights and Burgesses Assembled in the Commons House of Parliament The Humble Petition of a well affected party in Westmerland and Cumberland for Mr. Musgraves Liberty THe great care this Honourable House hath had of this distressed Kingdome together with the distressed condition of these two Counties of Westmerland and Comberland maketh us again to be humble suiters unto this Honorable House that as it hath pleased this Honourable House to establish a grand Committee for accompts for this whole Kingdome impowring them to nominate a sub Committee for accompts in severall parts of the same to act according to the Ordinances of this Honourable House made in that behalfe which grand Committee having appointed within these two Counties and there-upon hath ministred the Oath expressed in the Ordinance unto Mr. John Osmotherley and Mr. John Musgrave two whom they had appointed for execution of the same Persons of approved fidelity in this grand Cause and intrusted by a well-affected party of the said Counties to present the great grievances of the same by Petition and Articles to this House for which wee returne hankes unto this Honourable House as also unto the said grand Committee of accompts but since it hath pleased the all Directer so to appoint that the said Mr. John Osmotherley being to returne into his Countrey having the carriage of the said Commission and Ordinance had the same taken from him in his Journey being likwise robbed as of the said Commission and Ordinance so of his horse money and other thinges And the said Mr. John Musgrave being by a Committee of this Honourable House imprisoned whereby these distressed Counties groning under the great oppression of Commanders and Committees doth find themselves no way cased but continually more burthened without great care of this Honourable will tend to the destruction of those Counties Your Petitioners humbly pray this Honourable House that in porsuance of your former care that the said Commission with Ordinances may be againe sent downe to these two Counties And that Mr. John Musgrave who cannot be touched with the least reproch of infidelity to this Honourable House and the Common-weale as wee are confident may be inlarged and inabled together with Mr. Osmotherley and others to act in the said Committee as they have taken the said Oath and that the said Petition and Articles exhibited to this Honourable House by the said Mr. Iohn Osmotherley and Mr. Iohn Musgrave for these oppressed Counties may be put to triall and that men knowne to be of publique spirits may be put in the said Committee of accompts And your Petitioners shall pray This
misdemeanors according to the Lawes and Statutes of this Kingdome Whereof faile yee not at your perils Given at Penreth under our hands and Seales the six and twentieth day of February Anno Dom. 1642. Philip Musgrave Simon Musgrave Copia concordat cum originale Per me Richardum Kirkbrid-tum Gaoler Witnesse hereof Thomas Gibson John Cleasby A Letter of Sir Patricius Curwen Baronet Knight of the Shire for Cumberland afterwards a Commissioner of Array written with his owne hand to his brother Eldred Curwen a Papist and Captain Lieuetenant to Colonell Hudleston BRother I should have been glad to have heard from you by a line or two I must confesse the businesse you undertake is of so high a concernment for his Majesties service in which I beseech God send you all good successe as I durst not adventure mine advice to you lest I might have been thought a hinderer to that service to which no man living can wish more happinesse No man can blame me to say that mine adventure in it of three brothers is more than ordinary all things considered And if I should wish two might have served and you had staid I deserve no great censure for it I am very sorry for nothing but that you took not mine advice but your owne wisdome I might and do submit unto and pray for your good fortune And I am confident when you reflect of my former carriage towards you and my affectionate valuatiation of you you will thinke that such a hazard doth worke with me knowing how things stands with me if at your leasure I may heare from you and that you have such a Command as is worthy of you you shall doe me a favour and tye me to let you heare of the welfare of your friends here In the meane time accept my best wishes and prayers for your good successe and remember my love to my brothers with you and my service to your noble Colonell and be ever assured you shall never find me wanting in any respect that may most manifest how really I am Sir Work Febr. 6. 1642. Your affectionate Brother and servant Pa. Curwen I doubt not but you will be carefull that all be done faire at Wotten castle where I heare you are that no wrong be done there either by your owne troope or any others that you can helpe for I dare say my brother Darcy thinkes you very wel-come there especially if you have made choice of that place your selfe this inclosed I pray you doe your best in it the mans name is William Peale Extracts of severall Letters to Iohn Musgrave FIrst Beloved here are the Black-band and many of Prince Ruperts Forces all the country over it is thought no lesse then five thousand horse and foot Sir Thomas Glemmon hath been here with the Governour and the Commissioners of Array they have been these three dayes in consultation at Penreth what was done there is yet unknowne to me the Forces that hath been raised already in this country lye at Penreth with the rest of the foot of Prince Ruperts the Marquesse Mountrose the Earle of Niddesdaile and Hurry are all in this Towne The Marquesse of New-castle did grant the lands of Master Barwis the Parliament man to William Mercer your cousin Sir Edward Musgraves man and our Gaoler who did thereupon sease of them but it was obtained by Sir Richard Graham to prevent another for he did no more but sease and Master Barwis his wife doth enjoy the same as fully nay more fully then any man of whether side soever in all this country it doth only serve for a protection Your cousin Sir Edward and Sir Richard Graham had it articled against them to Prince Rupert that they had obtained a protection for Master Barwis and that betweene him and them Letters did passe and they were thereupon accused to be on the Parliaments side but came faire off and this testimony is true Now how others suffered is known to you while I am writing newes is brought me that all the Gentry of the country are comming to this Town Sir Philip Musgrave Sir John Lowther and Sir Richard Graham and the Sheriffe Sir Edward Musgrave your cousin who came not here this long time because of the breach betweene them and the Governour who with Dikes did as I said Article against them If Master Barwis as you write was the hinderer of the Scots taking in these Countries then is he guilty of the blood of all these country people that have been slaine of all the blood shed by them of all the spoile done now to this country if not of the wrong done of late in Lancashire of the spoile done by the Black-band in Scotland of all the great charge the Scots have been and are at by keeping the Border besides many of the Gentry of this country that neither were nor would have been against the State at the comming in of the Scots that have been and are drawne to be enemies to the State to the routing out of themselves and their posterity Carlile Gaole 10. 8. mon. 1644. RICHARD CRAKANTHROP SEcondly Beloved I have laboured above one whole yeare for the good of this my native country and for the good of Scotland without ceasing and all this with the Scots I have given diverse reasons unto them of weight warning and foretelling them of their danger before it ensue whereby they might have had time to have prevented it but all in vaine it was the cause of my abode in this place when I might have been exchanged upon demand all the last yeare whereby I have lost the time I might have done good else-where for I suppose upon the reasons I shewed I could have brought the businesse to passe and have done good service to the State I have incurred the danger of my life in as ample wise as if I had been in every battell for though God hath kept the thing from them yet do they intend evill against me the Sheriffe Sir Edward Musgrave hath been with mee and my fellow prisoners to presse us to be souldiers for the King and that with such violence as to threaten to take our lives for refusing as Traiters I pleaded my tenour of Knights service and that I was not by law to be pressed for a common souldier who yet told me his voice should goe to take our lives and they have appointed a Gaole-delivery to be within fourteene dayes as he told us to try us you know what manner of men they be it boots not to speake to them either law or reason I put was in close prison for refusing to take up Armes with the Earles to invade Scotland and now the Sheriffe would needs have irons presently laid on us for refusing affirming we were in the highest degree of Treason the Under-sheriffe and our Gaolour perswading what in them lay and but that he had no irons for our Gaoler would find him none he had laid them on us by this you may