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A89428 A true and exact relation of the great and heavy pressures and grievances the well-affected of the northern bordering countries lye under, by Sir Arthur Haslerigs misgovernment, and placing in authority there for justices of the peace, commissioners for the militia, ministry, and sequestrations, malignants, and men disaffected to the present government, set forth in the petition, articles, letters and remonstrance, humbly presented to the councel of state, with his apologie to the Lord President, for publishing thereof. / By John Musgrave. Musgrave, John, fl. 1654. 1650 (1650) Wing M3153; Thomason E619_10; ESTC R206368 38,763 55

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of Cockermouth who refused to take the Engagement he keeps in sundry Town-Officers that refuse the same manifesting by sundry other actions that what ever his pretention is yet his intention is not for the present power My dear love to your self from him who is Your and the Common-wealths servant J. Bywater Octob. 15. 1650. I do well approve of this other relation concerning Mr. Lampit for Mr. Craister manifested as much harshness as he could To his very good friend M. Musgrave ALl men may see by this Letter of L. Fearon the rage of the Justices made by Sr. Arthur H. have against honest men that the poor Church of Broughton complain not without cause what would not these Justices do if Armed with Law and countenance by the higher power when they thus despise the Acts Ordinances of Parliament for it is more then a year since the Act for liberty to swear without layingh and on a Book was passed and published Mr. MUSGRAVE I Was sommoned to appear at the last quarter-Sessions of the Peace at Cockermouth where I did appear and being returned to be one of the Jury because I could not swear upon a book Mr. Henry Pearson then Clerk of the Peace fined me 10. pounds and would not suffer me to be of the Jury I shall desire you to help me and other of our friends who are troubled for the same that we may have the benefit of the Act of Parl. concerning Book-swearing Mr. Antrobus and Francis Smith are troubled for the like by Mr. William Tubman Steward to the Earl of Northumberland in Egremont-Court the Justices that sate upon the Bench the last Sessions when I was fined in 10. pounds are Sr. Willfrid Lawson Henry Tolson Thomas Curwen and Miles Halton I pray you do this for us for the Parliaments suffering friends are much oppressed by their Enemies Sir I am Your loving friend Lancelot Fearen Lamplongh the 15. of October 1650. For Mr. John Musgrave Steward of the Honour of Peureth Mr. Appleby who writ this following Letter is a Cumberland Gentleman and was forced through the Malignancy of the Justices and the Committee of his Country and withdrew into Yorkshire Worthy Sir AFter my kind love to you presented though unacquainted yet I conceive by my wife and son they have been much beholden to you and if I had been intimate with you when you had Sr. Willfride Lawson in question at London I could have been a means to have accomplished your pursuit and desire and if occasion hereafter fall I will give you instructions which I hope will yet work effect Sr. I conceive my wife preferred a Petition by your advice and furtherance unto the Councel of State whereof she got no answer so I heartily desire to know the event thereof and withall your advise and furtherance in the prosecution of my causes for I have sustained great losses and wrongs as any man in the Countrey not onely from the Enemy but from our Committee and Justices also meaning in Cumberland I will justifie and prove that great Delinquents and Papists have had and still have more favour from them then any real and well-affected persons who have adventured life and Estate for them in their service I intended to have been at London not long since but the times have been very bad and difficult with us but upon any notice from you I will not fail to be with you before this Tearm end God willing So good Sir let me have your help and upon receipt of your answer expect me with all speed Halton in Craven Octob. the 18. 1650. Yours to serve you quantum in me LANCELOTH APPLEBY To his Honoured friend M. John Musgrave at London I Could not without ingratitude and doing wrong to the Councel of State who hath done so much for setling this Common-wealth in peace of security but publish this their Declaration made upon reading my Remonstrance Die Lune 27. August 1649. At the Councel of State at White-hall UPon reading the Remonstrance of John Musgrave on the behalf of himself and others well-affected in the Counties of Lancashire Westmerland and Cumberland particularly of Thomas VVorsley Esq Iohn VVorsley his son and Elizabeth VVorsley his daughter Capt. Richard Crakanthrop and Mary Blaithwait widow and upon hearing Mr. Musgrave himself consideration had of the matters remonstrated and desired to be done It is ordered and declared That care shall be had and taken of putting the particulars specified into a way of examination and redress and the Councel will endeavours that a Reformation shall be had of the grievances complained of some of which as that of putting the Militia into trusty hands are already under consideration And this Councel further declares that they will use their endeavours that the particular Petitions of Mr. Musgrave and the rest may be presented to the House and there read and ordered In respect of the long attendance of the parties as soon as with conveniency the same may be done and as the publick affairs of the House will permit Ex. Gualter Frost Secr. HEre Reader thou hast my Remonstrance it self upon which the Councel of State made their Declaration To the Right Honourable the Lord President and the Councel of State sitting at White-hall The Remonstrance and humble supplication of John Musgrave for and on the behalf of himself Thomas Worsley Esq John VVorsley his son Elizabeth VVorsley his daughter Captain Richard Crackanthorp Mary Blaithwait Widdow Thomas Gibson and the rest of the well-affected in the Counties of Lancaster Westmerland and Cumberland IT is not to be doubted but as Justice and treasure are the chief supporters of all Common-wealths Kingdoms so the neglect of the one by male-administration and unduely raising and mispending the other have ever proved fatal to the present Governours and Ministers of States as by wofull experience the greatest Monarchs and States often but ever too late have found The mis-government of Eli and Samuel sons made Israel change their Government as well as their Governours Sauls misorder transferred the Kingdom from his family to David the great burdens and many Taxes of Rehobeam caused the defection of ten tribes which never returned again to the house of David and after few generations all Israel with their Kings and Princes were displanted and carried away into captivity for their oppression and injustice and for that sin the Scepter was taken from Judah and they brought tributary to the Roman Common-wealth as the Prophets complained in Judahs defection and before their fall Judgement was turned away backward and Justice stood then afar off for truth was fallen in the street and equity could not enter Is 59.14 Rome then kept faith with nations executed Justice and judgement for which she was a long time famous and thereby became Mrs over the whole world But when she began to oppresse her Senators corrupt and partial in judgement Soon followed the ruine of that long flourishing Empire The Rebellion of the Moors
means they much Tyrannize and oppresse your Petitioners and the well-affected and with lesse difficulty may invite the Enemy into these parts That this Honourable Councel upon reading the said Remonstrance declared they would provide for your Petitioners relief and redresse of their grievances and upon another Petition unto this Honourable Councel your Petitioner by the Articles thereto annexed set forth how M. Charles Howard was made high Sheriffe of Cumberland which Articles Sr. Arthur Haslerigge undertook to examine but wholy failed in the same And the said Sr. Arthur Haslerigge is so far from providing for your Petitioners relief and the Countries safety as he hath of late procured such as be Enemies to the Common-wealth to be Justices of the Peace Sheriffes Commissioners for the Militia Ministry and Sequestrations oppressing the well effected and countenancing your Enemies as appeareth by the Articles annexed and exerciseth an Arbitrary power without rule of Law or Act of Parliament That Sr. Willfrid Lawson Henry Tolson Thomas Curwen Miles Halton Justices of Peace contrary to an Act of Parliament at the last Sessions of the Peace in the County of Cumberland fined one Lancelot Fearon 10. pounds for refusing to swear upon a book and the justices and Commissioners for the Militia there much oppresse the well affected and threaten to commit them for their meetings to prayer and Divine Worship boasting they have an order from Sr. Arthur Haslerigge so to do Your Petitioner humbly prayeth this Honourable Councel to take his long and chargeable attendance into consideration and put his former Remonstrance Petitions Articles with this Petition and the Articles annexed against Sr. Arthur Haslerigge in a speedy way of examination for relief and redresse of your Petitioners and take a review of your own Declaration made upon your Petitioners former Remonstrance And humbly prayeth the benefit of presenting of additional Articles as he shall see just cause and that without delay or procrastination for the good and safety of this Nation That the said Sr. Arthur Haslerigge the chief cause of all the present Northern miseries may be sent for as a delinquent to answer the several matters laid to his charge in the Articles annexed and that at his comming up he may not be admitted to sit as a Judge in his own cause but stand in the capacity of a Delinquent till he hath undergone his tryal your Petitioner being ready at his uttermost peril to make good his charge either before this Honourable Councel or the high Court of Parliament That all the other charges against Sheriffe Howard the Justices of the Peace Commissionters for the Ministery and Militia in Cumberland may be put into a speedy way of examination and such as shall be found unfit removed from their places That Thomas Worsley who is aged four-score years may have his Petition read and relieved and that according to your Declaration upon your Petitioners Remonstrance your Petitioner and such Petitions as you declared to recommend to the Parliament may no longer be deferred the Petioners being utterly undone by attendance And lastly the Justices of Peace who contemned your Authority in fyning men for refusing book-swearing contrary to the Act of Parliament made in favour of tender consciences may be sent for to answer their contempt and provision made in the future that none in the Northern Counties be admitted to execute civil Office in the administration of Justice but such as are known to be well affected to the present Government And your Petioners shall pray as in their former Petitions Articles exhibited by John Musgrave Gentl. to the Councel of State against Sr Arthur Haslerigge Knight and Barroner Governour of New-Castle and the Northren bordering Counties The exceptions were brought in upon an Order of the Councel of State dated the 31. of Iune 1649 1. THat Sr. Arthur Haslerigge * contrary to his Engagement to the Councel of State and Councel of States Declarations upon the Petitioners exceptions procured lately such in the County of Cumberland to be Justices of the Peace Commissioners for Sequestrations Commissioners for the Ministery and Commissioners for the Militia there as were known Delinquents and such as are disaffected to the present Government and complying with the Scottish Interest as by the charge against them hereunto annexed and another charge against them formerly exhibited to the Councel of State may appear 2. That the said Sr. Arthur Haslerigge being the chief and leading Commissioners for the Ministry at New-Castle approved of such Ministers in Cumberland at New-castle as refused the Engagement were scandalous and Delinquents And such Ministers as were well affected without any charge removed from their Ministery and put them out of their places whereby he discovers his dis-affection to the present Government by upholding and countenancing the Malignant party in Authority and keeping under the Parliaments friends all which this Petioner is able to prove and further refers himself to the Copies of Letters hereunto annexed the Originals being in the Petitioners hands 3. That Sr. Arthur Haslerigge undertook to the Councel of State to examine the Articles exhibited by the Petitioner to the Councel of State against M. Charles Howard high Sheriffe of Cumberland but neglected the same came privately into the Countrey to Naward and there feasted with the said Sheriffe who is a dangerous and most notorious Delinquent as appears by the charge exhibited against him by the Petitioner to the Councel of State Captain Howard is son to the Lord Howard a Member of the Councel of State no Souldier and never did any service for his pay 4. That the said Sr. Arthur Haslerigge suffers Captain Howards Troop to lie upon free Quarter upon the Countrey for these four Moneths last past and doth coutnenance one Dobson Captain Howards Lieutenant who cheated the Troop of 1350. pound And when complaint was made to Sr. Arthur Haslerigge he never punished him for the same 5. That the said Sr. Arthur Haslerigge gave Commission to Edward Brigs to be Lieutenant Colonel for Carelile Garrison and made him a Commissioner for the Militia Ministry in West-merland a man known dis-affected to the present Government and lately cashered for his drunkenness and other miscarriages by the now Lord General Cromwel That the said Sr. Arthur gave Commissions to Thomas Craystour Cuthbert Studholme Captain Brown and others to be Captains and Lieutenants in Carelile Garrison men known to be dis-affected to the present Government profest Enemies to honest men most of them having now laid down their Commissions when they were to march into Scotland And the said Sr. Arthur doth countenance none in Cumberland but such as are profest Enemies to the honest party and are for the Scottish Interest 6. That by the said Sr. Arthur Haslerigges intrusting the Authorities and Militia in the hands of Delinquents and men for the Scottish Interest the well-affected in Cumberland and Bishoprick ly under greater oppressions then formerly under King and Prelates And the
said Sr. Arthur is a protector of Papists and Delinquents forbidding the Subsequestratours and Sollicitours for Sequestration in Bishoprick to Sequester Papists Ordered to be Sequestred of which the Papists and Delinquents do much boast and honest men thereby are much cast down 7. That Sr. Arthur Haslerigge hinders and obstructs the ordinary proceedings of Law and Justice in favour of Papists and did take out of the Sheriffes custody Ralph Lampton a notorious Papist and Delinquent being under arrest and formerly arraigned for poisening his wife with which Lampton the said Sr. Arthur is very kinde and familiar 8. That the said Sr. Arthur Haslerigge procured Ralph Delivall Esq a Delinquent in arms against the Parliament and dis-affected to the present Government this last year to be high Sheriffe for Northumberland 9. That the said Sr. Arthur Haslerigge contrary to an Act of Parliament suffered Lieutenant Colonel John Jackson a notorious Delinquent and in arms against the Parliament both in the first and second War a great plunderer to go and ride up and down the Countrey with his arms and against law put the said Jackson in possession of certain grounds and Colleries in Bishoprick belonging to men well-affected whom the said Sr. Arthur by strong hand dispossessed thereof without Law and the said Sr. Arthur Haslerigge against the fundamental Law of the Land most arbitrarily and Tyrannically did by his power take from the now high Sheriffe of Bishoprick the said Jacksons goods taken in Execution after Judgement and restored the said goods to the said Jackson contrary to all the rules of the Law 10. That the said Sr. Arthur Haslerigge is very familiar and keepeth company with Thomas Wray a Papist in arms against the Parliament and upon search for a Popish Priest there was lately found in the said Wrayes house Copes and other Popish Relickes and much Gold and mony most whereof Sr. Arthur Haslerigge caused to be returned back to M. Wrayes wife a Papist And the said Sr. Arthur by his Souldiers put sundry Honest men out of possession of the Colleries settled upon them by Law under colour the same belonged to the said Wray whose Debts Sr. Arthur Haslerigge undertook to pay as Wray confessed for the said Colleries being worth 10. pounds per diem as the said Sr. Arthur giveth forth to the utter undoing of the owners of the said Colleries 11. That the said Sr. Arthur Haslerigge doth comply with and countenance Colonel John Hilton a Delinquent in arms both in the first and second War and assists the said Hilton to defraud the poor in sundry Parishes in Bishoprick of great legacies given by the said Hiltons Elder Brother 12. That Sr. Arthur Haslerigge brought Colonel Hacker into the Country who contrary to an Act of Parliament Quarters his Souldiers and others under the name of Souldiers who are none upon the well affected in Bishoprick and would but pay what they pleased and in some places nothing but upon complaint Colonel Hacker gave the people no relief but threatned them to have them before Sr. Arthur Haslerigge for complaining afterwards Captain Thomas Lilbourn brought the matter in question before a Councel of War at Whitehall but by Sr. Arthurs power it could never be fully heard which if it had there would have appeared many thousand pounds kept wrongfully from the Souldiers besides the great oppression of free Quarter some Examinations whereof were taken by Mr. Margets which Sr. Arthur Haslerigge keeps hitherto from reading and the said Sr. Arthur sore threatned the said Captain for appearing for the Souldiery and Countrey against him and Colonel Hacker 13. That the said Sr. Arthur Haslerigge to disable M. George Lilbourn to serve his Countrey and the more to discourage the well effected in Bishoprick caused him to be put out of the Commission of Peace Ministery and Militia and much endeavoureth to Sequester the said M. George Lilbourn who hath commonly been reputed the most active stirring and suffering man for the good of this Nation both before the Parliament began and since of any that hath been or is in the Countrey 14. That Sr. Arthur Haslerigge hath displaced all the well-affected men in Bishoprick that were of the Committee for Sequestrations there and put in their stead one Thomas Haslerigge his Kinsman and a stranger and doth continue one Colonel Frauncis Wren who in the head of his Regiment upon his first march into Scotland was disgracefully and justly cashiered by the now Lord General Cromwel for plundering and other grosse and foulmisde-meanours and one Thomas Dalaval an arch Malignant and dis-affected to the present Government who lived in the Enemies quarters all the time the Earl of New-Castle had his Forces there 15. That the said George Lilbourn being Surveyer of the Bishops Lands in Bishoprick with one Edward Colson which said Colson joyned with one Saunders and counterfeited M. Duncalfes hand without his privity for the abatement of a thousand and odd pounds meerly to cofin the State thereof which cheat and cousenage the said George Lalbourn discovered But the said Sr. Arthur Haslerigge much laboured and Sollicited the said George Lilbourn to conceal the said cheat and forgery of the said Colson and though the said Colson be a man dis-affected to the present Government and married to a Papist yet doth the said Sr. Arthur Haslerigge much countenance the said Colson and made him a Commissioner for the Ministery and his Court-keeper 16. That your Petitioner hath been much Sollicited by the well-affected in his Countrey to present their grievances and oppressions and crave relief in their behalf as appears by their Letters Copies whereof are hereunto annexed 17. That your Petitioner hath lately discovered sundry concealed and unsequestred Delinquents of great Estates which will bring in to the State 10. thousand pounds and more if the Commissioners for Sequestration made by Sr. Arthur Haslerigge were honest and faithfull men but in regard most of the said Commissioners are Delinquents and Sequestrable themselves and all of them dis-affected to the present Government they do what in them lies to hinder your Petitioner in the prosecution thereof Articles Exhibited by John Musgrave against the Justices of the Peace Commissioners for the Militia Commissioners for the Ministery and Commissioners for Sequestrations in the County of Cumberland at the desire and Request of the well-affected there INprimis Thomas Lamplongh now Justice of the peace a Commissioner for the Militia and Ministry took the Oath for the Earl of New-Castle against the Parliament subscribed the same set out Horse and arms for the Enemy Voluntarily contributed to the Enemy and had his Estate protected by the Enemy a great persecutour of honest men under the name of Independents a countenancer and protector of Papists Delinquents and Malignant Ministers and did justifie the Enemies Colonels Orders were good orders and ought to be obeyed 2. John Stoddert now a Commissioner for the Militia and Ministry aman Sequestrable was a Lieutenant in Arms for
one of the Deputies Creatures to Carlile Castle upon my return home after my attendance upon the Tryal upon my own charge but John Musgrave was never after owned My prosecuting against our Malignant Committees though I got a prison yet you gained both honour and friends thereby Vpon your encouragement I brought a list of the concealed Delinquents of our Countrey and proved the same before the Committee of Lords and Commons for Sequestrations which cost me in attendance near 100 l. I return you again your Order I hope you will so order the business for if you please I know you can do it that I may have some proportionable satisfaction for my former service losses and sufferings and some right done to my suffering friends Sir Wilfrid Lawson for his pretended losses by Hambelton without either Law or Act Order or Ordinance of Parliament could raise 3000 l. for his losses from the poor Countrey that never did him wrong the Countrey being then delivered up to Hambleton by the Cowardise and treachery of Lawson and his Confederates there But the poor Widow Blaithwait cannot be heard I desire you to peruse Mr. Worsley and my poor Mothers Petitions with others I sent you that I may obtain so much favour as to procure us common right I may be thought in remembring my former actings to hunt after praise or reward truly I had been altogether silent even as I was in my former troubles in the Fleet and buried the same in oblivion if I and my suffering friends of the North for whom I agitate had receeived any common right or justice from the Parliament which if you procure us we shall with all thankfulness acknowledge the same and you will obliege me to be ever as truly I am Your Lordships humble Servant JOHN MVSGRAVE 21. June 1649. For the Right Honourable John Bradshaw Lord President of the Councel of State sitting at White-Hall Here I though good to insert a letter written to Sr. Thomas VVitherington formerly printed in regard it relates to our former and present grievances SIR I Expected ere this to have heard of your report to have been made to the House upon the vote passed for M. Cracanthorp and my self for the great losses that we have sustained by the Enemy the Iustices of the peace and Com. of Array in Cumberland and Westmerland I here attended the last winter 13. weeks before I could get the Petition presented to the House six moneths upon the Committee I waited before I could get any vote passed upon the Petition since the vote of the Committee was made which you are to report unto the House it is now nigh four moneths yet nothing done which makes me much fear that little good is intended us and that we shall be made more miserable in seeking the recovery of what we have lost then in losing the same undergo more hardship and be brought to greater straits by waiting on you then by lying in the Enemies prisons for you You know the deferring of Iustice in Law is holden for denyal of Iustice The Parliament put us to an oath to maintain the lawfull liberty of the Subject the Enemy because I would not joyn with them in the breach of it and in betraying my Country forced me into Exile and seized on that little Estate I had now again upon the report of M. Lisle after his many differings and puttings off even to the hazard of the losse of our Countrey and if Sir John Brown as is well known with his Scottish forces upon Cumberland forces deserting him by his valour had not prevented it the Enemy by some of our seeming friends who joyned with them had without any great difficulty no opposition being made by Col. Lawson effected their designs in that Country Of my pretended refusal to answer which I did not but onely desired the Interrogatories to advise of before I answered for matter of Law which contrary to Law he resused to grant me though earnestly desired all which may fully appear by my answer and reasons given for not answering then to the Interrogatories before the Committee and taken in writing by M. Lisle himself before the same Committee and some other members of the House and which was then read unto me am I again cast into prison and condemned thereunto unheard and my greatest fault if any be in this case is my Lawfull maintenance of our common freedoms and my doubting and desire to be resolved before I should act that which seemed to me then and now I know to be not agreeable to Law and here I lie in prison for this while Traitors and the grand Enemies to the State are by this means suffered to walk London streets even they of whom I complain for which I cannot but blame M. Lisle being thus injured by him and my Countrey almost undone For as Sr. Edward Cook well observeth it is the greatest Injustice when the Innocent is oppressed under colour of Justice whereby we ought to be protected I am perswaded that if that Honourable House by whom I was committed were truly acquainted with my suffering condition and knew the ground thereof they would not suffer me to lie in prison one day longer and if they rightly understood the unsetled state of our Countrey and what harm the neglect thereof hath been to both Kingdoms this and Scotland and what advantage to the Enemy and also what further evil may ensue thereupon I believe we had not been so slighted as we have been neither our Countrey men have had such just cause to have complained of delay and neglect as they by their letters to me sent daily do neither had the adversary I suppose been so born out As long as honest men are thus slighted neglected and kept under their just complaints thus delayed and suppressed while Traitors 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 Traitors 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 Kingdoms 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 on little peace can be hoped for this poor and distressed Kingdom Let us no more cherish the Serpent in our bosom which having got strength will again wound us if not destroy us I could wish that these troublers and Enemies of our State against whom onely I inform and with whom I onely contend may no longer be suffered to escape but may be brought to condigne punishment according to the Law and merit of their