man of credit both by word and writing doth testifie for other things I refer you to my Letter to the Speaker of the last Parliament my Petition Articles and the proof of his Delinquency following only I desire notice may be taken of what manner of men he puts in Commission of Peace with us SIR IT is not unknown to you that when you were a Member in the former Parliament I did not forbear for favour kindred greatnesse of Persons or other by-respects but freely and plainly laid open such corrupt Members as sat then in Parliament for our County for which I underwent twenty moneths imprisonment until I was released upon Letters sent to the Parliament from the Lord General Fairfax and his Councel of Officers to this day no discouragements could hinder me in this way to discharge my duty ever avoiding sidings factions and what else might tend to the disturbance of publick Authority But this day having read the Declaration of this Honorable Parliament promising so many good things and that without partiality or respect of persons your ultimate end and aim next to the glory of God to be for the good and peace of this Commonwealth I am encouraged to represent unto the Parliament the true and general state and condition of my poor Country by this my Petition and Articles annexed which otherwise I knew not how to make known to the Parliament then by your hand and yet durst not be silent lest I be thought to be an Apostate as others have proved If you fail to present this my Petition the fault is yours and not mine if your Honors suffer thereby and the enemy with us kept still up in Authority to the much sadding of the spirits of your suffering friends However I am as I write Yours and the Commonwealths true Servant John Musgrave Directed to M. Rous the Speaker of the Parl. and written in July 1653. To the Right Honourable the Parliament of the Common-wealth of England The Humble Petition of John Musgrave of Milnerigg in the County of Cumberland Humbly sheweth THat your Petitioner hath undergone much trouble affliction of imprisonment for his affection to the Parliament and Army and of discovering and complaining of Delinquent Magistrates which oppressed the Parliament and Armies Cordial friends in Cumberland That the Enemy of this Common-wealth while Delinquents are kept in Authority in Cumberland are incouraged to hope for a time of change and so boast and if the happy successes of the Army had not prevented the same would have indangered insurrections as often threatned in that Country Your Petitioner on the behalf of himself and your distressed and afflicted friends there humby prays your Honours to take the Articles against Mr. Charls Howard a Member of this honourable Parliament into your consideration and that ye will be pleased to remove Delinquents out of authority and free your suffering friends from under the pressures they lie under by corrupt and Malignant Magistrates all which in discharge of his duty in affection to your Honours and for the good of this country your Petitioner is humbly bold to represent to your Honours and what your Honours shall think meet to do therein he shal wholly acquiesse and indeavour to pursue and observe your Honours directions And shall ever pray for your Honours Articles against Charls Howard Esquire a Member of Parliament by John Musgrave IMprimis The said Mr. Howard in the first war was in actual arms against the Parliament and after he was taken under the protection of the Parliament falsified his ingagement as by the Articles of Delinquency proved and hereunto annexed may appear 2. That the said Mr. Howard hath and doth imploy Captain Coulsey a notorious Delinquent a great plunderer and oppressor of the well-affected as his afterward of all his Courts and the Agent in most of his affairs which Coulsey imployeth one Thomas Jackson a sequestrep Delinquent as his Deputy Steward whereby the well-affected are much discouraged 3. That the said Mr. Howard procured an Order from the Justices of the Peace at the general Quarter Sessions helden for Cumberland in September last for levying 500 l. yearly of the Country under pretence of the suppressing the Mosse-Troopers which he hath raised but keepeth but about 20 of his own Tenants men dis-affected to the present Government and Moss-Troopers themselves or so reputed and most men of evil fame whereas Mr. Howards Tenants in Gilsland are by their Tenure of their lands to do Border service against the Moss-Troopers at their own charge 4. That the said Mr. Howard at the general Quarter Sessions of the Peace holden us at Penreth upon the return of the grand Jury by the Sheriff being most of them compounded Delinquents and so disabled from executing any Office of Trust by an Act of Parliament made in October before declared openly that it was his judgement that Delinquents were not by that Act disabled to serve as Jurors but afterwards in the beginning of February 1642. privately inquired of some Gentlemen whether the said John Musgrave would complain of the said Delinquent Jurors upon breach of the said Act to which one of them answered they knew not the said Mr. Howard replied the said Musgrave would do it but we must oppose him and we have no other way then by alledging that we could not get otherwise able men to execute that imployment or words to that effect whereby it clearly appeared his judgement was that the said Jurors were incapable of that trust and imployment though he professed openly otherwise in the said Sessions and it is notoriously known that the well-affected there are much oppressed by Malignant and Delinquent Jurors 5. That the well-affected in the County of Cumberland are much discouraged in regard none but a known Delinquent is summoned to sit in Parliament for this Country and little hopes they have of readressing their grievances without some that have been constant and faithfull to the Parliament and Armies Interest be called to sit in Parliament and Delinquents removed out of their publick imployments there most of the Justices of the Peace and Commissioners of the Militia in Cumberland being either sequestrable for their Delinquency or men dis-affected to the Army 〈…〉 The Charge against Charles Howard Esquire Penrith Apr. 30. 1650. High Sheriff of the County of Cumberland That the said Mr. Howard having a Commission to be a Colonel for the King in the last War which he did confess was as large as any man had did by vertue thereof send forth his Warrants to the several Constables of Gilesland for their several Masters requiring all men above sixteen and under threescore to appear before him at Bramton and the Constable to present their names upon Thursday the tenth of August 1648. and the 14 and 16 day of the said month following at which several dayes the said Mr. Howard came to the abovesaid place accompanied with many soldiers in Armes under his command and did
then entertained by Lawson as captain under him for the parliament daily he resorted to the Enemies Garison in Carlisle drank the Kings health and being asked why he would serve the parliament he said he did the King better service then when he was of his party Lawson had a house pulled down by the Enemy in his Isle by Keswick for which he preferred after an indictment against sundry persons some not being near the place by twenty miles which indictment was found upon Orfears evidence against sundry persons that were not there and forced to compound with Lawson upon his own terms One of credit told me he was first named in that indictment and how Lawson swore that hee was the first put his hand to the pulling the house down whereas in truth the man was not near the place by ten miles and was forced to leave his habitation because he would not assist the Enemy in that work and so desired Lawson to consider his condition but the man not being able to traverse his indictment the poor creature was constrained for purchasing his peace to give Lawson six or seven pound this he told me before sundry credible persons all which I beleeve to be true It is credibly said that Orfear did take and subscribe that damnable Oath called the Earl of Newcastles Oath for destroying the Parliament as traytors and which Lawson did likewise as is proved when he was Lieutenant Colonel under Sir Patritius Curwin But as the Fool makes a mock of sin so these make as light matter of Oaths as all their practises demonstrate For Garth he was Qâ—arteâ—mâ—â—◠〈◊〉 to Sir Philip Musgrave and then Cornet to Col. Sir Henry Fletcher for the King and did likewise swear and subscribe the aforenamed O th for the E. of Newcastle but upon reducing of that Country he was made by Barwis Agent for sequestrations in which imployment if he had dealt faithfully he might have brought into the publike treasury 20000 l. which by his being Sollicitor at the same time for Delinquents was lost for while he was Agent for sequestrations Mr. Howard Sir John Lowther Mr. Dalston Richmond and other great Delinquents imployed him as their Steward to keep their Courts their Attorney and Sollicitor in suits of Law and some of them allowing him yearly stipends so as little could be made of any discovery or concealment most of the Commissioners for sequestrations themselves being likewise sequestrable and men dis-affected In the like cases how officious he was to serve his friends one of many may suffice My father Vaux being in contempt for not answering my Bill and for costs upon over-ruling of his Plea I came to Garth being Deputy Sheriff for the return of the two Attachments against Vaux he therewith had Orders and monies from Vaux to discharge the contempt and sue out a Commission to answer in the country and for the costs by the next Post he should receive direction from Vaux where to have money to pay me I told him I could not trust him and would not forbear prosecution unless he would go presently to the fix Clarks Office and pay the contempt money for not answering and give Commissioners names to his Clark accordingly Garth goes with me to Mr. Colburn in the fix Clarks Office to him Garth gave names for Commissioners Christopher Richmond Henry Daâ—res and others before Mr. Colburn paid me the contempt money and I joyned in the Commission and Garth in the presence of M. Golburn declared what he did was by Vaux direction Garth sues out the Commission but Vaux doth not execute but comes to London thinking to set his plea up again the former Commission is a bar to him Garth must help or it cannot be whereupon Garth makes affidavit that he had no direction to sue out a Commission or discharge the contempt and what he did was without the privity or direction of Vaux Upon this the Court referred it to the fix Clarks to examine whether the Commission was regularly sued out and upon hearing of Mr. Colburn the fixe Clarks certified for me and Garths wicked Oath was fruitless the affidavit is filed Henry Pearson told me Garth made an affidavit in the Upper Bench in Michaelmas Term last which is upon the File to which Pearson made another contrary to it so that one must be forsworn Many others have complained to me of Garths desperate swearing and affidavits For Dacres he could swallow the Earl of Newcastle's damnable Oath and I can most bear with him not onely in respect of his malignancy but for that Richmond and his wife had given him 160 l. for doing such like services against my mother and me as Richmonds wife hath in councel told sundry of her bosome friends Now what advantage could my mother have by my Oath as to the mistake of the moneth or what losse or disadvantage had or could Graham have by the same or how I can be brought within the compass of the statute of perjury I am not afraid to submit to the trial and judgement of the greatest of my enemies saving our Cumberland Justices of the peace and their Session juries and if the Gentlemens certificate on my bâ—half be disproved or either my mother or I could have one half-peny profit or the other so much loss by my supposed mistake or that the same was wilful knowingly or corruptly done by mâ— then let me have the like censure as Vaux his Bell with two tongues received for his most wicked wilful and corrupt perjury After my mother had recovered he Dowry my business carried me to the Assizes after held at Appleby in Westmerland thither am I persued by these bloudy men Being at Supper in my Inn some there took occasion of discourse of the Scottish King so called and of an expected change which I opposing one Richard Graham my brother Grahams brother sitting at the lower end of the table used provoking words whereat I seemed not to be moved thereupon this fellow called me rogue traitor and said that I was committed for treason against the King and all those that adhered to the Parliament were traitors and the King would have his right again and we should be all punisht as rogues and traitors Truly it was much I could forbear but passed the same over with other discourse as neglecting him After Supper I did go into the Town which Grahams brother having notice of with one of his Comrades purposed to have way-laid me as after I understood for while they were plotting against me for no other end then as I conceive privately to murther me if I had gone alone my man over-heard Grahams Comrade say to the other Musgrave hath his man with him and we shall not be able to deal with them both thus the Lord delivered me from those bloudy conspirators And the next morning I found this Graham lying in the Kitchin Chimney amongst the ashes asleep in a beastlike manner overcome with drink in all this
I acknowledged the Lords goodness to me At the Westmerland Assizes justice Puliston as at Carlisle discountenanced the honest justices there and said openly upon the Bench he could own none for a justice but Col. Brigs against whom the Lord did witnes before night Brigs having overburthened himself with drink as he could not walk the streets without reeling and after some repose Brigs came to my lodging where he spent the whole night in swearing and excessive drinking among a company of Cavaleers but such things are no blemishes in our persecuting justices but when I come in particular to set down the malignancy and misgovernment of our justices made upon M. Howards recommendation to the Lord Protector I may have farther occasion to speak of this Gentleman But before I will farther meddle with our Country Magistracy I will finish my discourse as to Richmond This last Term upon my removing the indictment of perjury against me into the Upper Bench for the very same thing meerly for vexation hath he laid an information of perjury against me in the Capital Office for the mans malice hath no bounds to which I say no more if I be faulty in the least let me suffer with the highest transgressour but Richmonds dealings is no better towards other poor widdowes His fathers widdow by a wile he turned out of doors who being friendless was drawn to take a small annuity which he failing to pay broke the womans heart and she soon died This affidavit will discover his kindness to another widdow whose petition I have to present to the Lord Protector when a door shall be open to me together with Richmonds barbarous usage of one Halton the Minister of Kurbythure because a Roundhead and how he caried the man to York by vertue of his Commission of Array and how the poor man was brought by him to his grave will require a more large discourse The Affidavit of John Wambye in the behalf of Mary Bearson Widdow plaintiff Thomas Wilton and Henry Mesâ—s Defendants WHereas there was a reference made by Justice Puliston of the difference betwixt the Plaintiff and the Defendant upon the Defendants petition to Christopher Richmond Esq and Thom. Laton Esq two delinquents compounded which said referrees about the 20 of Septemb. last called the said parties before them and brought with them one Francis Sisson a Justice of peace in Westmerl Nephew to Edward Sisson who married Wiltons Aunt and guardian to the said Wilton being an aged decrepit woman about 80 years old Now this Deponent deposeth that he was present at Broughan upon the meeting of the said referrees and parties and upon the said widdow Pearsons seeming to decline the said reference the said Richmom began to give the said widdow very high and threatning language telling her if she would not submit to the reference she should never get any thing nor should have never any benefit of the law and for this Deponent who went thither with the said Pearson he threatned to have his nose slit and his ears cut off and threatned one Iohn Gowling to undo him because he was the widdowes friend and neighbour and other bad language the said Richmond gave then unto the said Gowling so as he well durst not or would not stay longer to be abused with the said Richmond and presently after the said Gowlings departure the said widdow Pearson was drawn by the threats and menaces of the said Mr. Richmond to submit to the order and award of the said referrees with the Vmperidge of the said Justice Sisson who ordered her for to take 25 shillings for her widdow-right and dower in a Tenement in Gulgath in the County of Cumberland and seal a release thereof Whereas her third part thereof was well worth twenty shillings by the year And this Deponent knoweth the said release was made by her through the threats and menaces of the said Mr. Richmond Sworn the 8 of November 1653. By John Wawbye John Page Therefore I will till a fitter opportunity forbear and proceed in order with our Country Justices of the peace in Cumberland and Westmerland And first with Cumberland whose names be Sir Wilfride Lawson Charles Howard William Briscoe John Barwis Henry Tolson Thomas Cholmley John Hudson Thomas Craister Tho. Langhorn Arthur Foster Lancelot Fletcher Captain Coulsey Sir Wilfride Lawson did take the treasonable Oath and Engagement called the E. of Newcastles Oath was a Lieuten Colonel in armes for the King caused one widdow Blaithwait to be carried in a Cart to Carlisle Goal and there imprisoned and first stript to her smock urging to Sir Phil. Musgrave that she came from the Parliament as a Spy Committed to prison one George Foxe to close Goal and procured an order from the Judges that none of his friends should visit him for no other thing then being a Preacher without ever laying any charge against the man to this day After an Injunction serves for setling possession Sir Wilfride Lawson some three moneths since put two of Sir Patritius Curwins tenants out of the possession of their houses and tenements and thereby the men were forced to submit to their Landlords will and pleasure after much money spent in setling their possession Sir Wilfride Lawson being Sheriff the last Summer Assizes at Carlisle refused to arrest Christoph Richmond upon a Capias ut legat at my mothers suit the warrant being delivered to him in Richmonds presence and his Fee tendered Sir Wilf Lawson and his under Sheriff will not though required return processes of Contempts as attachments and proclamations as for instance 3 proclamations at my mothers suit two attachments one at my own suit and another of priviledg at Mr Nelsons suit all returnable the last Term. Charles Howard a notorious delinquent though at Worcester he engaged against the enemy yet his brother supposed not without his privity betraid a great part of Mr Howards Troop to the Scots King with whom his brother went away and before Mr Howard came up to the last Parliament Sir Pat. Curwen and most of his projecting Cavaliers was at his House all night which the well-affected are jealous was upon some designe for the next day again they had another great meeting at Sir Patric-Curwens Castle under colour of a hunting Mr Howard used barbarous cruelty upon the body of the wife and daughter of Thom. Milb one of the witnesses examined to proue his delinquency by causing a Scottish Witch-finder so tearmed in his presence to strip the women and thrust great pins into sundry parts of their naked bodies to the amazement of the beholders the women being of good repute and never any charge brought against them Since the last Plot against the Lord Protector was discovered M. Howard hath listed one Berriswith to be one of the Lord Protectors Life-guard by the name of Hunt that he might not be known by the name of Berriswith he and his friends being so much declared enemies to the Parliament as Captain Thorp a
A CRY of BLOVD OF AN INNOCENT ABEL Against Two BLOUDY CAINS BEING A Discovery of two Cavalier and Malignant Brothers Conspiracy ageinst another Brother of the Parliament Party AND A short Relation of Justices of the Peace in Cumberland their Illegal Proceedings against the Parliaments FRIENDS WITH A Complaint of some Corruptions and Delays in Law and Chancery Proceedings LONDON Printed 1654. To the Honourable Major General Lambert one of His Highness Councel AFter so many various changes and alterations we seem to have at length brought our weather beaten ship almost overwhelmed with blustering storms and tossed to and fro with the raging waves of an angry sea safe in a fair calm into the long desired and expected port of Peace and security But now the implacable Adversary what he could not effect by the sword of War now endeavoureth by fraud and treachery to recover as the many desperate Plots and Conspiracies before and now of late discovered do clearly evidence And the enemy is no wise more animated to compass his design then by making divisions and breaches amongst our selves like the guilefull Greeks who being hopeless after ten years long war to becom Masters of famous Troy otherwise then by a wile bringing into the Town the fatal Horse in whose bulk the enemy lay hid by which stratagem and devise Troys glory and pride were in one night turned into ashes while the enemies within the Walls were not to be discerned from friends and friends taken for enemies We are much in the same condition our enemies in the bowels of the Troyan Horse are brought by our selves within our strongest Forts Strengths and Guards I mean into the highest places and Offices of power trâ—â—t and Judicature in this Commonwealth How this comes to â—ass I understand not I see our dearest chiefest choicest and most faithfull friends and patriots laid aside as not worthy 〈◊〉 fit to be trusted or imployed or to have the least share or portion of the price or purchase of peace gained with so much hazard with such vast sums and expence of treasure and great effusion and flouds of bloud with the losse of thousands of precious Saints and dearest friends and relations yet all this seems as a thing of nothing forgotten and not worthy of remembrance If I alone were concerned though life estate honour be already by the enemy set at a price and I as it were by my own delivered up unto a Company of bloudy men yet should I be silent and mourn in secret for the ungratefulnesse of those from whom I have deserved better but I am not a sacrifice which will serve to appease the wrath and malice of the Adversary unlesse my friends and family to be made Copartners in the same calamitie and destruction with me for whose sake more then my own I have once more adventured to come upon this publick Theater I have had many thoughts within my self to whom to make my addresse and whilest I was thus unresolved Joshua's gratefull remembrance of Rahab's kindnesse to his Spies came in my mind which comparing with what my aged mother did for you and your Messengers or Spies in their passage through the enemies guards and quarters in our country the same doth run in a parallel and adequate line with the other Ioshua having sent his Spies to view Jericho Rahab hid and secured them for which Joshua upon taking and destroying Jericho preserved Rahab and saved her kindred and family with all that was heâ—s and they dwelled in peace with Israel as it is written In your distresse when the enemy was Master of our Country though she had a Naball to her husband my mother she received harboured and secured your Spies and sent them safe into Cockermouth Cattle to your party there when you had no other garison or strâ—ngth in all that country by her they returned safely and secretly to you again and thereby that Castle when it was upon yielding to the enemy held out against the enemy untill your forces relieved the same to the recovering of that whole country and often my aged mother gave you timely notice of the enemies motions and approaches to the preventing the enemies designes against you and your men of all which you are not ignorant But Pharaoh's Butler when restored to his place remembred not Joseph horison even so hath my mother been forgotten for when your Jericho was tâ—ken by you she was left neglected to be destroyed not with the enemy but by the enemy upon whom you dayly confer honours and promotions Your promises to her you cannot have forgot neither be so ungratefull as not when she puts forth the scarlet thread the signal of her kindness and faithfulnesse to you and yours as not to secure her from the rage and malice of the enemy Her request to you is neither for gifts or rewards for her self or promotion for her son she asketh no other thing then common right Justice and protection and that she and hers may dwell in peace with you as Rahab did of old with Israel I cannot but remind you of your promises made to your suffering friends in Cumberland now under a Delinquent Malignant Magistracy worse and more corrupt then ever was under the late King I need not tell how those poor people when the Enemy was in his heighth might and prosperity neither by threats nor prisons could he drawn to adhere to those you now promote or from you I hope your Greatnesse will not make you forget your Goodnesse or your former love neither cause you to neglect your friends but will enquire how their enemies and yours are again set up in Authority whereby they are armed to oppresse more then they were under Kingly Prerogative what is this lesse then to deliver harmlesse sheep to the custody and charge of devouring and hunger starved Wolves This was the motive and no other consideration to you first thus to make my application in the least not distructing Providence for preservation though the enemy as Haman be again advanced and gained a Decree for destroying me with your most cordial friends with us yet we doubt not God will cause us once again to keep a thankfull day of Remembrance for our deliverance â—s â—hâ— Jews did their dayes of Purym who knowes whâ—â—heâ— the Lord hath raised you up for this end In this ensuing Discourse you have a Nâ—â—â—â—â—ive of a Cain like brood two Brothers in Law and a Sistâ—â—â—â—â—â—m of a bloud sucking family taimed with murther and perjury who for many yeares have with much villany and treachery sundry wayes attempted the death and downfall of an innocent brother for no other cause then his kindnesse shewed to an aged Mother by the other spoiled in one day of all her means where occasion is offered to set forth the malice and conspiracy against me of sundry Malignant Justices of the Peace in Cumberland for my opposing their injustâ—ce and oppression and discovering their Delinquency and treacherous
knowing â—ow fatal Cumberland Gaol Deliveries were to the innocent with much difficulty we obtained a Writ of Habeas Corpus cum causa which we delivered to Sir Henry Fletcher then high Sheriff and to whom we were prisoners therewith he acquainted Sir George Dalstin Sir Thomas Dacres Sir William Musgrave Knights Leonard Dikes William Briscoe Esq and other Justices of the Peace who diswaded the Sheriff from returning our bodies according to the tenor of the Writ and sent to London a Certificate that the reason of disobeying the Writ of Habeas corpus was for that we had committed Treason against the King in refusing the Oath of Supremacy But the Court being not satisfied granted us another Writ with a penalty Upon knowledge of this the Justices complained to the King being then at York how they had imprisoned us as dangerous persons and enemies to his Majesty desiring his direction and Warrant to try us for Treason the Habeas corpus notwithstanding but the King would not give any direction therein In the mean time the Assizes approached so they could not fit the Gâ—alâ—d livery At the Assizes Sir Robert Heath delivered the Goal and we being brought to the Bar Judge Heath declared the Justices could not enforce us to the Oath of Supremacy without a special Commission under the Great Seal yet gave Judgement of Premunire against us to forfeit Lands and Goods and imprisonment during life for no other cause then refusing to take the Oath of Allegiance upon a Book and gave the Sheriff direction not to suffer any to come at us and close imprisonment But upon the Treaty of a Peace betwixt the King and Parliament a little before Edgehil fight the Sheriff took security of us to appear upon the Habeas corpus at the Upper Bench Bar which we did accordingly and after was discharged by Order of the House of Commons Upon our return home the war and difference betwixt King and Parliament growing great and high Sir Philip Musgrave gave order to apprehend us again of which having notice I lest the Countrey and in my way was taken prisoner by one Bennet servant to Sir John Lowther a Commissioner of Array and Collonel for the King and three other charging me with a conspiracy and Treason against the King and Sir John Lowther from whom I made an escape but lost my Horse Sword and Cloak In the time of my withdrawing my Father Vaux offered 100 l. to any that could discover and apprehend me After with much difficulty I got into Scoâ—land and there I was threatned by Thomas Craistour for my non-conformity to the Scotish Presbytery that he would inform against me if I did not withdraw While I was in Scotland I discovered how John Barwis and John Hodâ—son pretenders for the Baâ—liaments â—aisse kept stoâ—es correspondency with Sir Patricius Curwin and Siâ— Wilfride Lawson then Commissioners of Array and in Arms against the Parliament and how Richard Barwis a Member of the House of Commons kept correspondency with Sir Richard Graham and Sir Edward Musgrave and other the known enemies of the Parliament All which I after made known to the Parliament but by Barwis faction or party in the House of Commons to hinder my prosecution I was committed by an Order of the House to the Fleet for a pretended contempt in refusing to answer Interogatories where I was kept close prisoner without any charge or other crime laid against me for the most part of two years Upon the difference betwixt the Parliament and the Army I refused no hazard to serve the Agitators who then acknowledged the service I did in promoting their Cause was acceptable to them and the Lord General Fairfax with â—is Councel of Officers sent to the Parliament to set me at liberty and that he expected I should have fitting reparations for my losses and imprisonment whereupon I was enlarged but never had any satisfaction for my losses and imprisonment to this day After this I made sundry discoveries of concealed Delinquents and brought into the publick Treasury more then 2000 l. for the undervalue of Sir Henry Bellingham's estate whereof the fifth part was due to me for which I have not had one penny my other discoveries amounting to above 10000 l. a great part whereof was secured by the sub-Commissioners who refused to certifie the same being required thereunto by the Commissioners for compâ—unding the other alledging the Commissioners for Compounding never intended good to the Common-wealth and so they would certifie no more to them and thus I was hindred from further prosecuting my discoveries till by the Act of Obâ—ivion the same were discharged after this I began to apply my self to my own private affairs having unprofitably spent my time wearied my self and wasted my means to do my country service while others by their beneficial places inriched themselves in the ruines of their country and falsifying their faith and trust In the mean time my father Vaux having setled his estate and lands upon his two sons in law Richmond and Graham while they were in actual rebellion against the Parliament to defraud me of my right amounting to above 2000 l. I being in my way from London died presently after Richmond applied himself to my mother blaming his father Vaux for his cruelty to her and her children professing all love and respect desiring as he pretended to come to a settlement faithfuâ—ly promising if upon my return home I disapproved what shouâ—d be agreed on no advanâ—age should be taken on either side but his meaning was far otherwise his intention being to circumvent her and strip her out of all as the sequel doth prove for the visible personal estate being valued to about 200 l. he and Graham divided it betwixt them under a colour that there was a debt of 200 l due to Mr. Heron of Chipchase which with great oaths and many assâ—verations he did aver to be true and that Mr. Heron had threatned to put the Bond in suit all which was forged and a lie for upon a Bill of discovery in Chamâ—ery Mr. Heron hath upon Oath confessed Vaux did ow him no such summe nor other debt Then Richmond intreated my mother to let him and his wife have liberty to lie in her house some time which she not mistrusting his guile gave way to him soon after I returned home to my mother she telleth me how her sons in law and daughters in law had used her and that the bond she gave Richmond and Graham was delivered with caution in case I disliked the agreement the same to be void then I caused her to take the locks off her Chamber which Richmond had set on and made a legal and peaceable entry to them for the widdow hath her quarantine which is the possession of the chief Mansion house for forty days and when the entry was made we had sundry honest neighbours to take view of what was in the room to avoid mis-reports and the next day I
went with my mother to Graham house the better to confirm my self of the truâ—h of the agreement who told me the bond was delivered with the caution aforesaid and that upon consideration my mother would make void the agreement he would keep her harmlesse and upon request release the bond and further declared he did beleeve Richmond intended to cheat both him and her Upon his further request my mother consented to go the next day to one Dacres of Vnthank where Richmond was to meet him and agreed that if Richmond would not yeeld my mother and Grahams Right they would joyn together in securing the goods But upon our comming thither Dacres after some private words with them came to my mother desiring to be excused for the Trunks her Husband had left with him by direction were not to be opened till her sons in Law both agreed to it but she should not be present Thus she was thrust out and made a stranger to hâ—r own for by the Custom of the Province of York the Widdow is to have half the personal Estate if the children be preferred or married There it is said the two brothers found some Writings purporting large summes of moneys to be left by Vaux in Dacres hand which at first Dacres denied but after some threats Dacres acknowledged 60 l. and the 160 l. wherewith they charged him more Richmonds wife perswaded the other to remit and they gave George Syâ—pson Mr. Vaux sisters son 100 l. of the moneys in Dacres hand being privie to their Counsel All which Richmonds wife hath to sundry of her friends and acquaintance privately told who have since discovered the same Upon this the two brothers in Law confederated together against the old woman and Richmond gave forth in speeches that my mother and I had broken a chest up in the chamber and taken out Fourty shillings for which he would hang us both and said his man did see him lay it and leave it there who being asked what he knew thereof replyed he knew nothing thereof neither did he beleeve any such thing As for the Trunk upon our entry it was viewed with all within the same by able and honest men whereof not any thing lacked the trunk being open and had been without Lock for 40 years and more Next day I went towards Manchester and returned not for ten days In the mean time Richmond thinking I was gone for London goes to Mr. Howard and procures a Warrant from him to bring me and one Proctor before him charging us with Feâ—ony Upon his Warrant Proctor is carried as a Thief to Naward some 16 or 18 miles thence to Carlisle being from Naward 10 miles and back again to Naward where he gave security for his appearance in all this much wickednesse and cruelty is discovered for there were two Justices of the Peace living within lesse then two miles of us but we must be carried before none but Howard The next passage that was attempted against my Mother was this Richmond and his wife comes to my mothers house thinking with railings and revilings to have provoked her to passion but their expectation failing Richmonds wiâ—e laid violent hands upon her own mother bâ—ar her and called her Whore The old woman being ready to faint one present cryed out Fie Mabel have son never read the Fifth Commandement the other answered in fury She knew not what the Commandements were so she had a father and mother that taught her neither the fear of God nor Man Some two days after this Richmond with some four or six more in a forcible and â—iâ—tous manner takes away the Court gate the Hall door and carried them away with him thereby to fright her away and reported Mr. Howard advised him to do it Wicked counsel Noâ— long after I came home and being in bed in this open house I heard in the Hall much people whereupon I called to know the businesse the Constable came to me and told me he had a Warrant to arrest me for Felony I â—ose and find a poor lame Widdow that served my mother under arrest likewise for Felony as the Constable said most of Richmonds Tenants being there to the number of 20 or 30 I ask o them why so many they answered Richmond commanded and that the Constâ—ble would early in the morning take me otherwise I would flie if notice were given me With this Guard am I carried by the Constable to Penreth a market Town on a Market day before Mr. Halton who upon reading Mr. Howards warrant would take no knowledge of me so away I am carried to Naward Which manner of doing of theirs was much like the Jâ—ws carrying of Christ to Caiphas who sent him to Pilate Pilate Herod and so back again When I came before Howard he told me Richmond bad sworn Felony against me and some witnesses were examined against me who speaking ruth he refused to set down or testifie the same saying that party spake more for me then Richmond Yet brought before him by his Warrant I enter Bond for my appearance the next Assizes paying my fees The nexâ— Sessions Richmond in my absence prefers a Bill of Felony against me and Proctor which the Jury not finding are called before the Justices who threatened the Jury for not finding the same and one of the Quorum told the Jury they must find the Indictment right or wrong But most of the Jury being understanding men would not be perswaded or frighted to act contrary to a good Conselence finds not the Bill notwithstanding the Justices granted Richmond a Warrant of good behaviour against me without Oath or Articles against others they would not though indicted which discovered their malice to me and corruption Upon a Certiorari after in the Upper Bench I was discharged never any thing to this day being objected against me My occasion soon after drew me to Londâ—n in my absence Richmond dayly vexes my aged mother with opprobrious railings threatening her he would reduce her to that poverty and want as for flesh she should be constrained to boyl a Louse and for malt to brew Sand often staring in her face after crying Mother mother Death is in thy face thou wilt not live til Easter the Justices of the Peace much animating him in this course against my mother and me as he bragged all the Justics of the Peace Commissioners for Sequestrations Sir Arthur Haslerig and Captain Howard would all adhere to him against me Upon my return from London the Assizes approaches Richmond now bestirs himself procures the Sheriff to return of the Grand Jury 14 of 17 all compounded Delinquents and most Richmonds neare relations one being Grahams father another Grahams son in Law most of the rest bitter spirited Cavaliers but one man reasoned all the rest out and the Bil against me was not found the one of the Jury would have had it protesting that he would find it against the Roundhead whether it was right or wrong I
made my addresse to Justice Puliston in a peti ionary way that Richmond might not disquiet my mother with his boysterous and uncivil carriage but he more like a party then a Judge slighted my Petition asked how it came to pâ—sse I was not gone beyond seas with John Lilburn to which I replied I had other businesse then to mind and further said when these Gentlemen by him meaning Captain Howard and the other Justices by oaths and actions confederated to destroy the Parliament as Traitors I at their Bar owned there Authority but Traitors are promoted and your friends slighted yet God is good Richmond turns his Indictment of Felony after not found into an indictment of Trespasse which the Juries finds and being called I traverse it upon Serjeant Parkers motion all differences were referred to Sir John Lowther and Mr. Halton but when we meet hen Richmond asked my mother why she would busie her self for death was in her face and Gâ—aham his brother did challenge me to sight with him on Penreth Fell thinking to get some advantage upon me by provoking me to passion or accepting the challenge upon a common Latitat Richmond bringeth the Sheriff in person and arrested my mother and had carried her to Gaol but an Attorney told the Sheriff he cou'd not for he was an Attorney and would appear for her but we cou'd never have the Sheriff to this day execute any Writ against Richmond To free my mother of Richmoxd disturbances I brought her from Catterlen Hall being made unhabitable as aforesaid and ever since she hath dwelt with me The last Assiz s at Carlisle my mother had two trials for her Dowry the one against Graham the other against Richmond before my old friend Justice Puliston I appearing for my mother Justice Puliston began to check me telling me I never dealt but in bad causes and that he met me at every Bar in Westminster Hall the Jury being to be sworn one of the Panel would not swear upon a book whereupon the Judge bid set him aside for that man was one of Musgrave's faction the man being a stranger to me abou which a great contest I had before he was admi ted to be sworn Mr. Vaux dying seized was proved by Richmond and Grahams answers to my mothers Bill of Discovery Then Justice Puliston asked me when Vaux died to which I answered about the third of March was a twelve moneth Then said the Jugd Are you sure M. Vaux died the third of March To which I answered my Lord I came out of London about the 13 or 18 of March and before I got home Mr Vaux was dead so I cannot speak certainly to the time but I beleeve he died about the 3 4 or 5th of March or thereabouts then said the Judge Mr. Musgrave what would you say if he died in April I replied my Lord I cannot speak positively to any time but sure I am he is dead all which will be proved by Gentlemen of quality well affected and untainted in their reputations which for the satisfaction of friends some of them have certified as much which I have here inserted These are to certifie we whose names are here under-written upon the 16 day of August 1653. were presented at the Tryal had at Carlisle before Mr. Justice Puliston betwixt Isabel Vaux Widow Demandant upon a Writ of Dowery against William Graham Defendant when and where we see John Musgrave of Milnâ—rig in the County of Cumberland Gentleman sworn a Witnesson the behalf of the said Demandant Isabel Vaux in the said cause and the said John Musgrave being asked when the said John Vaux late husband of the said Isabel died the said John Musgrave said upon his oath that the said John Vaux died about the 3d of March was a twelve moneth then the said Justice Puliston said Mr. Musgrave are you sure Mr. Vaux died the 3d of March to which the said Mr. Musgrave replied and said my Lord I came out of London about the 13 or 18 of March or words to that purpose and before I got home Mr. Vaux was dead so I cannot speak certainly to the very time of his death but I beleeve he died about the 3 4 or 5 or thereabouts then said the Judge Mr. Musgrave what will you say if he died in April Mr. Musgrave replied and said my Lord I cannot speak positively to any time or words to that effect but I 'm sure he is dead and this is the whole sum of Mr. Musgraves Oath and Deposition other then proving some copies of Records we being present in Court at the time of the said Tryal from the swearing of the Jury till they gave up their Verdict which we shall be ready to testifie when we shall be thereunto required In witnesse whereof we have subscribed our hands the 10th day of October 1653. This is the great Pâ—rjury I am charged with At Michaelmas Sessions held at Cockermouth Octob. 5. 1653. in my absence Richmond prefers a Bill of Perjury upon this against me whereof Captain Hudson now a Justice of Peace hearing who was present at the Trial repaired to the Jury wishing them well to consider what they did upon that indictment against me in my absence for there was more malice then matter in the prosecution the Jury told him they had examined the matter and they could not find it but the Justices of the Bench being most of them my implacable enemies called the Jury before them and would have the witnesses sworn in open Court but the Sheriff and Bailifs put back all those whom they suspected to favor me Mr Lamplough one of the Justices told the Court there was an Order of Sessions that no indictment was to be admitted against any inhabitant without notice first given to them which then they admitted to others but denied in my case Mr. Howard hath caused him since to be put out of the Commission of peace for no other cause as I beleeve but this and suspecting him to be a man of too publike a spirit to comply with Howard and his popish faction and others of the most dis-affected and known Deliâ—quents he hath procured to be Justices of the Peace refusing to put in some very honest able men recomended to him One of the Jury told the Court M. Musgrave might mistake the month and not swear either corruptly or wilfully to which M. Briscoe and Sheriff Lawson said there was som would have al to be mistakes so after Richmond was admitted privatly to tamper with some of the jury the indictment was found I being in my way from London The witnesses sworn to the indictment were one Dacres above-named Thomas Gaâ—th an Attorney how much conscience he makes of an oath after I shall discover and one Orfear and how qualified he is for such a purpose here will appear I will begin with the last Orfear was first a plundering Cavalier captain for the King till the county was reduced for the Parliament
muster the men who appeared and appointed Officers and listed many men under his command and gave order for free quarter for his souldiers and that the Constables should levie moneys to pay for the horses he took in every place Thom. Milburn Tho. Bell of Farlam Anthony Heviside of Tawkin Secondly that the said Master Howard took ten horses for the said service in Hayton Parish and proportionably in other parishes within Gilesland according to the purvey Tho. Bell. Anth. Heviside Thirdly that the said Mr. Howard did declare openly at the said Muster that the men and horse so levied was for the Kings service and that he was to meet the Prince at Berwick Saturday the 19 of August following Tho. Milburn Tho. Bell. Fourthly the said Mr. Howard sent a letter to ten Cavaliers that had horse and armes quartering upon Leonard Hodgson Constable of Hartleburn in Northumberland that if they would ride in his Troup to Barwick as Reformadoes they should have command as the places fell and they should come to Francis Grahams of the Stone-house in Gilsland and thereabouts and they should have quarter till they marched to Barwick Leonard Hodgeshon Fifthly the said Mr. Howard repaired several times to the enemies Guarrison at Carlisle and walked abroad with his arms Richard Hutton Sixthly at two several Musters by Warrant the said Mr. Howard in the fiâ—st Article mentioned after the said M. Howard had made his Speeches to the Countrey his Souldiers drew their swords and cried a King a King Thomas Addison This charge was presented us and the several Witnesses to every Article proved the same and subscribed their names before us at Penrith the 1. of May 1650. Thomas Craister John Musgrave Jo. Bristoe Tho. Langhorn William Briscoe was a Committee man for the enemy advised the other Justices being most of them Commissioners for Array to commit Captain Crakanthrop and me for not taking the oath of Supremacy and advised the other Justices to disobey our Habeas Corpus When the Justices in open Sessions would have released one Nicholson committed by Col. Fletcher for refusing to take up Arms for the King against the Parliament Mr. Briscoe advised the Court not to do it without Collonel Fletchers directions whereupon the poor man was held in prison till the siege of Carlisle was over He is a great enemy to Sectaries so called and in his charge in Sessions called them worse then Papists requiring the Jury to present them and they would punish them That complaint being made to Mr. Briscoe against Edward Robinson a notorious Delinquent and one who articled against William Musgrave for delivering Iartlepool to the Parl. For forging a false Verdict against one Wil. Bâ—urbank and for levying monies upon that Verdict and other forgâ—ries Mr. Brisco would not punish nor displace Robinson for it but keeps him stil to be Clark of the honour of Penrith and Inglewood Forrest Courts Master Briscoe being learned Steward of the same Honours and Courts Complaints being made to Mr. Brisco for redress of a wrongful amerciament set upon Thomas Cason a tradesman for selling goods in Penreth being no Corporation and of the said Robinson for taking Casons cloath of good value from him would neither give order to redress the amerciament or Robinson to restore Casons cloth tending to the destroying of Casons trade and credit John Barwis to him I have little to say then what is said already onely he is known to be no friend to them they call Sectaries and would destroy us Henry Tolson he hath ever been a Neutral but known a Cavalier hath his heart and is no friend to the Parliament or Armies Friends Thomas Cholmley did take the Earl of Newcastles Oath sent ou Horse and Armes against the Parliament and was in Arms him self for the late King for his delinquency and malignancy deserted the former Parliament being a Member thereof At the Lord Protectors fiâ—st going into Scotland openly declared it was against his conscience to fight against the Scots and committed sundry to prison under the name of Sectaries and preachers Thom Craister a Commissioner for sequestrations got most of his estate by that imployment and being a Captain in Carlisle Garison declared it was against his conscience to fight against the Scots and laid down his Commission raised near ten thousand pound of Delinquents by way of Fines for which he never yet accounted for and without authority of parliament or the Lord General continues still a professed Enemy to all such as are called Sectaries or Independents and imprisoned sundry of them for their judgement Thomas Langhorn did take and subscribe the Earl of Newcastles Oath a great countenancer of Malignant Ministers as Master Baldine of Penreth who refused to pray for parliament and Army while the Scots had an Army on foot A petty Shop keeper very unfit for a Justice of Peace John Hudson against whom I have nothing to object if others have they may but as he tells me he will rather undergo a fine then take the Oath with others in Commission whom he cannot approve of Lancelot Fletcher is a stranger to me I never knew or heard he was any wayes active or appeared for the parliament but by his Cavalier friends lived peaceably at home when the Enemy was in power Captain Coulsey what manner of man he is I reâ—er to the Articles against Howard Arthur Foster a Delinquent and in Armes bo h in the first and and second War against the parliament arraigned for murther and â—ued out his pardon by means of Sir Richard Graham to whose family he is a retainer For the Westmerland Justices I shall be brief being not my business and should have been wholly silent if the honest and suffering party there had not been concerned therein Edward Briggs noted for his malignancy to the Armies friends and for his life and conversation I shall forbear to speak but very many ways unfit for that imployment and ignorant of the Laws and Statutes of this Nation Roger Bateman was so disaffected to the change of Government from Kingly to Parl. as for a long time he refused to be sworn a Justice very passionate and Strafford never more cruelly persecuted the Puritans then he the Sectaries Thomas Burton a notorious Delinquent was a Trooper under Sir Thomas Tildesly expressing his malignancy by drinking the Kings health the gross misdemeanors in executing of his Office while he was Justice of Peace the many quarrelsome and troublesome suits his oppressions and unwarrantable and illegal commitments his daily frequenting ranting Cavaliers company are all proved before the Commissioners for compounding and much more for which be was fined Fifty pounds and disabled to be a Justice of Peace And whereas it is said that his father was plundered by Sir Philip Musgrave it is known that his father was under Sir Philip Musgraves protection and voluntary without compulsion lent large sums of money to Sir Philip to carry on the War and if there was a
more scandalous and malignant Priest in that Countrey let me receive blame and shame Francis Sisson a man of a quiet spirit but Prelatical and no friend to the Armies Interest Robert Skaife a man no ways qualified for a Justice of Peace Sir Iohn Lowther a compounded Delinquent a man of able parts but known to be of a Kingly spirit and his son was in the last War conceived not without his fathers privity A Gentleman he is of great Estate nearly related to me in kindred but it stumbles all friends that he shall now be thought fit to be a Justice of Peace in this Countrey where he is so powerfull and known though his wisdome in this time teacheth him moderation to wait for a change I am afraid some of our Worthies are carried away with their Dalilah's but let them beware they receive not Sampsons portion I could say more but will forbear for the present Onely I could wish it were enquired into How Iohn Thwaits who hath knowledge to discharge his duty not in a condition with power to oppress his Countrey and Gervase Benson who hath been thought fit to be trusted with such high Commands and great imployments while there was trouble and danger without any complaint should now be laid aside You that sit at the Helm wil have the loss and thereby may unawares tacitely set up again Charls Stuarts Interest I desire to draw to my journeys end yet before I conclude I must as Abraham said to God so say I Let not my Earthly Lords be angry and I will speak but yet once I have heard that his now Highness upon some discourse of Lawyers out of the sense he had of the common calamity his brethren had lain under should sometimes say How sad and to be lamented a thing it was that these men should raise so great and vast Estates out of the ruines of a miserable afflicted people seeking Iustice and relief of wrongs and the poor to be made more wretched by complaining and sustain more damage by their Advocates then by their Adversaries who did the wrong Is there no Balm in our Gilead How long shall we wait for the long promised and expected Reformation the Law and Chancery proceedings be now no less burthen terrour and oppression to the people of this Land then Theeves and Highway-men be to the poor travellers in their journey in every street I meet with sad complainings a man may spend his whole patrimony in Chancery before he come to any issue and then shal he be dismissed again to Law I have had in my poor mothers case against Richmond in Chancery some 16 several orders and reports yet have not obtained a perfect answer for 3 l. costs upon a second insufficient answer I have spent above 12 l. besides travelling charges and Richmond hath had two London journeys bout the same O when shall we have an end of a Chancery suit Shall a woman of 80 years of age be thus spent out upon her Writs of Dower a Law before we could come to declare a year and a half was spent with Essoyâ—es and adjornments meer delays and fopperies to wast poor people spin out time and spend money In Chancery what Order made there to day is again to morrâ—â— unmade sometime upon Petitions with false suggestions more oâ—ten in Court without hearing the other side so as the Court seems rather to be set to make work for the Registers and Lawyers by multiplying Orders and differences then to settle differences or determine causes while the poor suiâ—ors have any money to purchase Orders or give fees to Lawyers If I be called to accompt for this I shall be ready to give particular instances in my own mothers and many other of my suffering friends The wasted condition of my self doth constrain me to sigh out these my groans and complaints which if the same be taken into consideration and receive timely redress and relief as the same will much conduce to the praise of those in power security to our Countrey and the good of a poor afflicted people so shall he with all thankfullness acknowledg the same who truly is as he writes A true Servant and Wel-wisher to his Countrey JOHN MUSGRAVE 6. 3. Mon. 1653. Pulchrum est pro Patria mori FINIS