<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2010-07-03</DATE>
<RESPSTMT>
<NAME>John Pas</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B100611.pdcc.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A89409">
<STC T="W">M3075</STC>
<STC T="T">E730_12</STC>
<BIBNO T="umi">99863058</BIBNO>
<VID>166847</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="1" MS="y">
<HEAD>A true Repre&s;entation of the State of the Bordering Cu&s;tomary Tenants in the North, under an Oppre&s;&s;ing Landlord; hum|bly tendered to His Highne&s;s the Lord Pro|tector of the Common-wealth of England, Scotland, and Ireland, and the Dominions thereunto belonging, by their Petitions fol|lowing.</HEAD>
<DIV2 TYPE="preamble">
<P>WHen the unhappy difference begun betwixt the late King and Parliament, one of the great Grievances by the Parliament held forth, was, The heavy oppre&s;&s;ure which the Cu&s;tomary Tenants and Commons had lain under, by the unlimited, arbitrary power which the great men of the North exerci&s;ed over their Tenants; and among&s;t all the oppre&s;&s;ing Landlords there, none was &s;o cruel and hard|hearted as the late Lord <HI>William Howard</HI> of the North; to &s;et forth who&s;e Cruelty, Oppre&s;&s;ion, and Depopulation in parti|cular, a whole volumn would not &s;uffice: But the Parliament having broken the Kings party, declined from what they pre|tended, and had fir&s;t engaged for, and began to look upon the People with a &s;upercelious brow, &s;lighting their Petitions, laying heavier burthens on them then any of the former Kings had ever attempted; by which the Parliament was with ea&s;e laid a&s;ide, none lamenting for them. It was expected in the next Change of Government, we &s;hould have had change of our Task-Masters; but yet we groan under the old Oppre&s;&s;ions: And
<PB N="2" REF="2">
though His Highne&s;&s;e hath for more ea&s;e and expedition, ap|pointed two Ma&s;ter of Reque&s;ts to receive Petitions, yet after the manner of former Committees, they pretend excu&s;es, and refu&s;e to receive our Petitions. So having no other mean to have acce&s;&s;e unto his Highne&s;&s;e, I being the Tenants Agent and Solicitor, have publi&s;hed this Petition, for no other end then that the &s;ame may be made known to his Highne&s;&s;e, and to pre|vent a more chargeable and fruitle&s;&s;e attendance upon the &s;aid Ma&s;ters of Reque&s;ts, who &s;o little regard us, or the honor of their Ma&s;ter. Other Oppre&s;&s;ions and Grievances, and treacherous pra|cti&s;es of our bloudy Canites, I &s;hall pre&s;ent &s;hortly to view. In the mean time, we de&s;ire this Petition may come under examinati|on; before we be con&s;trained to lie our &s;elves more bare; being re&s;olved rather with the Leppers, to peri&s;h by putting our &s;elves forth, then by longer &s;ilence to undo our &s;elves; de&s;iring that it may not be forgotten, how it is written, <HI>He that ruleth o|ver men ought to be ju&s;t.</HI></P>
<CLOSER><SIGNED>JOHN MUSGRAVE.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="petition">
<PB N="3" REF="2">
<HEAD>To His Highne&s;s, OLIVER Lord Pro|tector of the Common-wealth of England, Scotland, and Ireland, and the Dominions thereunto belonging. The humble Petition of <HI>Randal Munca&s;ter, Robert Milburne, Thomas Mo&s;es,</HI> and <HI>John Bell,</HI> and others, in the name, and on the behalf of them&s;elves, and the re&s;t of the ancient Cu&s;tomary Ten|nants of and in the &s;everal Mannors, Lord&s;hips; &amp; Towns of <HI>Lever&s;|dale, Cumrew, Ca&s;tlecarrick, Talken, Irthington, Cum|whitton, Great Askerton, Little Askerton, Ea&s;t Farlam, We&s;t Farlam, Tredermain, Hayton, Fenton, Howe Faugh, Northskeugh, Walton-wood, Brampton, Fel&s;ide,</HI> and <HI>New-bygenn;</HI> The Petitioners being in number <HI>186,</HI> all mithin the Baro|ny of <HI>Gil&s;eland</HI> in the County of <HI>Cumberland.</HI></HEAD>
<OPENER>H&V;MBLY SHEWETH,</OPENER>
<P>THat your Petitioners and all and every of the &s;aid &s;eve|ral and re&s;pective Tenants and their Ance&s;tors, within the &s;aid &s;everal Mannors, Lord&s;hips, and Towns, time without memory of man, have and do hold their &s;eve|ral and re&s;pective Tenements, de&s;cendible from Ance&s;tor to heir, as Cu&s;tomary Tenants in Tenant-right e&s;tate of <HI>Charls Howard</HI> of <HI>Neward</HI> <ABBR>E&s;q</ABBR> in th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> &s;aid County of <HI>Cumberland</HI> <ABBR>E&s;q</ABBR> Lord of the &s;aid Mann<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rs Lord&s;hips, and Towns, under certain yearly &s;e|veral Rents, and paying onely two penny fine, or a three pen|ny fine at the mo&s;t, and never more, that is to &s;ay, two years or three years ancient rent of their Tenements, as the &s;ame fall due upon death of Lord, or upon change of Tenant by death or Alienation, doing &s;uit of Court, performing bordor &s;ervice, &s;ome on foot, &s;ome with hor&s;es at their proper co&s;ts, paying one boone or day work in harve&s;t unto the &s;aid Lord for the time being, or four pence for the &s;ame, paying one penny called <HI>Grenehew</HI>
<PB N="4" REF="3">
penny, for liberty to cut and take wood growing on their re&s;|pectiv<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> Tenements, and paying yearly four pence at <HI>Michaelmas</HI> for land Serjeant Fee, and no other rents, monies or &s;ervices what&s;oever. And your Petitioners and all other the &s;aid cu|&s;tomary Tenants within the &s;aid &s;everal Mannors, Lord&s;hips, and Towns of <HI>Hayton, Cumwhitton, Talkon, Ca&s;tlecarrick, Ea&s;t Farlam,</HI> and <HI>We&s;t Farlam,</HI> have had time without memory of man &s;everal and certain boones, dayles, or day-works of Hay|ground, within the Forre&s;t of Breirthwait in Gil&s;land afore&s;aid, belonging to their &s;everal Tenements; to &s;ome Tenements ten dayls, or day-works, to others twenty, to &s;ome Tenements more, and to others le&s;&s;e, paying yearly for the &s;ame for every dale, or day work three Pence: And your Petitioners who are Tenants within the Mannor of <HI>Askirton,</HI> and Tenants of divers other Man|nors of Gil&s;land, and their Ance&s;tors, have anciently u&s;ed and ought to &s;cheal &amp; common thei Cattel, from the fir&s;t day of <HI>May,</HI> unto the fir&s;t day of <HI>Augu&s;t,</HI> in a great wa&s;te of Heath and Moor ground, called the North Moor, within <HI>Askirton</HI> afore&s;aid, pay|ing for the &s;ame the ancient yearly rent, 3 <ABBR><HI>l.</HI></ABBR> 10 <HI><ABBR>s.</ABBR> viz.</HI> by the Te|nants of <HI>Askirton</HI> 1 <ABBR><HI>l.</HI></ABBR> 9 <ABBR><HI>s.</HI></ABBR> 4 <ABBR><HI>d.</HI></ABBR> the deme&s;ne lands 8 <HI><ABBR>s.</ABBR> Tredermayne</HI> 17 <ABBR><HI>s.</HI></ABBR> 4 <HI><ABBR>d.</ABBR> Walton-wood</HI> 4 <HI><ABBR>s.</ABBR> Brampton</HI> 6 <HI><ABBR>s.</ABBR> Irthington</HI> 6 <ABBR><HI>s.</HI></ABBR> And your Petitioners, and all the re&s;t of the Tenants afore&s;aid, ought to have of their &s;aid Lord, Timber-wood for building and repairing of their hou&s;es belonging to their re&s;pective Tenements, which &s;aid Cu&s;tomes, Tenures, and &s;ervices, were <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ound and certified upon an Inqui&s;ition by certain Commi&s;&s;ioners authori&s;ed for that purpo&s;e by the late Q<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">en <HI>Elizabeth,</HI> the Attainder of <HI>Leo|nard Dacres</HI> <ABBR>E&s;q</ABBR> <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">hen Lord of all the &s;aid Barony, as by the Re|cord thereof remaining in the Court of Exchequer, may ap|pear.</P>
<P>Your Petitioners &s;hew, that notwith&s;tanding <HI>William</HI> Lord <HI>Howard,</HI> who after purcha&s;ed all the &s;aid Mannors, Lord&s;hips, and Towns from the Crown, and under whom the &s;aid <HI>Charls Ho|ward,</HI> claims the P<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">emi&s;es as his heir, at the time or the purcha&s;e, was, knowing of your Petitioners &s;aid <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ight, and cu&s;tomary E|&s;t<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">es, and had in <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">is purcha&s;e a very large and con&s;iderable al|lowance in re&s;pect of <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">our Petitioners &s;aid ancient Cu&s;tomary E&s;tates, the &s;aid Lord <HI>William Howard</HI> being a Papi&s;t, and a great Opp<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">&s;&s;or of his Tenants, did indeavour to break their &s;aid an|cient
<PB N="5" REF="3">
cu&s;tomes, and to exact a<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">bi<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">rary unrea&s;onable fines, as they b came due, did by threats and menaces to turn them out of dores, inforce &s;und<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">y of the &s;aid Tennants to pay him fortie pen|ny fines, fi ty penny fines, and often more, and others refu&s;ing to pay &s;uch fines, he inforced to leave their Lands and Tenements, and &s;o depopulated a great part of the &s;aid Barony, &s;ince who&s;e death, the &s;aid <HI>Charls Howard</HI> having been in actual Arms for the late King again&s;t the Parliament, as your Petitioners are inform|ed, and doubt not to prove, again&s;t whom, and &s;uch Delinquent Landlords, the former Parliament declared to take care of &s;uch Tenants as your Petitioners be. Though your Petitioners, and the re&s;t of the &s;aid Tenants have paid unto him already ten years Rent for their re&s;pective Fines, for confirming their &s;aid Cu|&s;tomes and e&s;tates, and the &s;aid, <HI>Charls Howard</HI> promi&s;ed them to repay what &s;hould appear thereof to be more or le&s;&s;e then by their Cu&s;tomes they ought to have paid, to the &s;ight of indiffer|ent per&s;ons, doth indeavour to break your Petitioners &s;aid Cu|&s;toms, threatneth to eject them out of their &s;aid E&s;tates, doth wa&s;t them with Suits in Law, becau&s;e they will not &s;ubmit to pay un|rea&s;onabl<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> fines, at his plea&s;ure &s;ur<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ender up their Lands di&s;claim their Cu&s;tomes and become Tenants at will or l<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e&s;&s;es for years at an improved rent, to the full yearly value of their lands, and do other unrea&s;onable &s;ervices, as to carry Mil&s;tones to his Mils twenty miles, carry his Corn and Malt to and from his Mils, carry and fetch Barrels of Fi&s;h for him, and other carriages upon their own charge, from <HI>Carli&s;le</HI> and el&s;ewhere; whereas none of your Petitioners are b<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">und to help to carry Mill &s;tones, but the Tenants of <HI>Irthington,</HI> and that onely to the Mill of <HI>Irthington;</HI> and upon the Petitione s refu&s;al to do &s;uch unrea&s;onable and uncu&s;tomed &s;ervices, the &s;aid <HI>Charls Howard</HI> having called your Petitioners before him, would not &s;uffer them to go out of his hou&s;e but kept them as clo&s;e pri&s;oners in his hou&s;e for &s;om time, th<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eat<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ning not to let them go at liberty without paying two twenty p<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">n<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> fines, or 4 years Rent, and now vexes your Petitio|ners with &s;uits in the County Courts, where they cannot have a|ny com<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">on ri ht; others of them by ejectment, he &s;u<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">s at law for their T<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nem<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">nts and with hi D <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">r &amp; ga<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> which be keeps in ex|ce&s;&s;ive numb<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter"> s, <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">e de&s;t<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters">s <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">o<GAP DESC="illegible" RESP="pdcc" EXTENT="2 letters"> Petitioners <GAP DESC="illegible" RESP="pdcc" EXTENT="1 word"> &amp; corn to the Petitioners utter ruine and the &s;aid <HI>Charls Howard</HI> hath by &s;trong
<PB N="6" REF="4">
hand taken from you Petitioners their aid bounds and dales of Hay ground in the &s;aid Forre&s;t of B<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">eirthwait, and will not &s;uffer them to &s;cheal or common their ca<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">|tell in the &s;aid North moore at the commonable times a|fore&s;aid and re<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">u&s;eth to admit your Petitioners Tenants in his Courts, as of right he ought to do, and denieth to allow your Petitioners any timber wood for building or repairing their hou&s;es, and the &s;aid Mr. <HI>Howard</HI> hath entred unto &s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">me of your Petitioners cu&s;tomary e&s;tates without colour or title in Law, and the more to oppre&s;s and vex your Petitioners, the &s;aid <HI>Charls Howard,</HI> doth imploy Captain <HI>Robert Coul&s;ey,</HI> and <HI>Thomas Jackson,</HI> two notorious Delinquents, having been in actual Arms a|gain&s;t the Parliament, as his Steward and Clark over all the &s;aid Barony and Courts within the &s;ame, who drives your Petitioners goods, and Impounds them at their plea&s;ure, for refu&s;ing to do the &s;aid unrea&s;onable &s;ervi|ces; and the &s;aid <HI>Coul&s;ey</HI> hath by force taken from your Petitioner <HI>Randal Munca&s;ter</HI> and others the Pari&s;hioners of <HI>Irthington</HI> afore&s;aid, their ancient Seats belonging to their Tenements in <HI>Irthington</HI> Church; and the &s;aid <HI>Charls Howard,</HI> will not &s;uffer your Petitioners to keep a gun for the &s;afeguard of the hou&s;es in the night time a|gain&s;t the Mo&s;&s;e-Troopers or other enemies. Now for as much as the afore&s;aid matters, do concern many hun|dreds of poor Tenants, and if the &s;ame &s;hould proceed at law would be a cau&s;e of very many needle&s;&s;e, endle&s;&s;e, and vexatious &s;uit at Law; be&s;ides your Petitioners cannot expect any equal tryal in regard of the great po|tency and power of the &s;aid <HI>Charls Howard,</HI> and for the chancery they are hopele&s;se of relief there; other Te|nants being under the like oppre&s;&s;ions by their Land|lords after long and chargeable &s;uits, and attendances in chancery, for &s;etling their cu&s;tomary e&s;tates again&s;t
<PB N="7" REF="4">
their Landlords upon hearing of their cau&s;es in chance|ry, have had the &s;ame di&s;mi&s;&s;<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">d again to Law, where commonly the Tenants are overthrown, m &s;t of the Judges for the N rthern circuits, being either great Landlords them&s;elves, and &s;ome of them often of coun|cels again&s;t the Tenants, at the Barres of Ju&s;tice in <HI>We&s;tmin&s;ter-hall,</HI> &s;o as your poor Petitioners without the Favour, Ju&s;tice, and A&s;&s;i&s;tance of your Highne&s;&s;e, are de|&s;titute of all means to free them&s;elves of the &s;aid heavy and great grievances they lie under, and mu&s;t be forced to leave their lands and habitations, to the will and plea&s;ure of their &s;aid Landlord, as many of their Ance|&s;tors and poor Tenants within the &s;aid Barony, have of latter years been con&s;trained to do.</P>
<DIV3 TYPE="conclusion">
<P>Your Petitioners therefore humbly pray your Highne&s;s, to call the &s;aid <HI>Charls Howard</HI> before your Highne&s;&s;e, to an&s;wer the Premi&s;es afore&s;aid; for the love of Ju&s;tice to Commi&s;erate your Petitioners di&s;con&s;olate condition, with re&s;pect had of your p or Petitioners wives &amp; children, &amp; in regard your Petitioners, are by rea&s;on of their poverty, and great lo&s;&s;es by the Scots in the late Wars, and great taxes they are compelled to pay to the &s;aid Mr. <HI>Howard,</HI> under colour of &s;uppre&s;&s;ing Mo&s;s. Troopers, which others of the County refu&s;e to pay, are utterly unabled to contend with &s;uch a great per&s;on as their Landlord in Suits at Law. Your Highne&s;s will be favourably plea&s;ed to exa|mine the truth of the Premi&s;es; and that your Petition|ers may not be left to the will of their &s;aid Landlord, &s;ee|king to de&s;troy their ancient Cu&s;tomes. And that your Highne&s;&s;e will as you &s;ee cau&s;e, according to Justice, a&s;|certain
<PB N="8" REF="5">
their <GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">ines, and confirm their ancient Rights, and Cu&s;tomes, and free them of the &s;aid unwarrantable Taxes, wherewith the &s;aid Mr <HI>Howard</HI> compels them to pay, whereby they may be the better inabled to &s;erve your Highne&s;&s;e and the Commonwealth, again&s;t the com|mon enemy, as occa&s;ion &s;hall be offered, and as their An|ce&s;tors have upon tho&s;e borders formerly done. And what your Highne&s;&s;e &s;hall plea&s;e to Order, upon hearing of the Cau&s;e, they will &s;ubmit unto, and ble&s;&s;e God for your Highne&s;&s;e. And ever pray, <HI>&amp;c.</HI></P>
</DIV3>
<CLOSER><SIGNED><HI>Publi&s;hed by</HI> John Musgrave.</SIGNED></CLOSER>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
