Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 19 die Septembris.
PRAYERS, by Dr. Smyth.
Ds. Grey de Warke, Speaker.
Letter from Ld. Wharton.
A Letter, directed to the Speaker, from the Lord Wharton, was read, as follows. (Here enter it.)
Message from the H. C. with Ordinances, &c.
A Message was brought from the House of Commons, by Mr. Nicolls;
To desire their Lordships Concurrence in these Particulars:
1. An Ordinance for making Covent Garden a Parochial Parish.
2. An Ordinance concerning Sir Gregory Norton.
3. An Ordinance concerning Humphry Edwards Esquire.
4. That the Mayor of Reading be added to the Committee of Berks.
5. An Order, to refer the taking of the Accompt of James Lawrance, to the Committee for Accompts.
6. An Order to pay Six Pounds per Week to Mr. Trefusis, out of Haberdashers Hall.
The Answer returned was:
That this House will take their Message into present Consideration, and (fn. 1) send an Answer by Messengers of their own.
The Speaker acquainted the House with a Letter, received from Sir Tho. Fairefax; which was read, as follows:
Letter from Sir T. Fairfax, with a Narrative of the taking Bristol.
"May it please your Lordships,
"God, out of His great Goodness, hath passed us through many Difficulties, and given into our Hands the City of Bristoll. I presume, your Lordships will give the Praise to God, to whom it is due. The Narrative of the whole Business I have inclosed. I remain,
"Your Lordship's humble Servant,
Bristoll, this 13 Sept. 1645.
Next, the Narrative was read. (Here enter.)
Next, the Articles were read. (Here enter them.)
Letter of Thanks to be wrote to him;
Ordered, That a Letter of Thanks be writ to Sir Thomas Fairefax, from this House.
and his Messengers thanked.
And Colonel Mountague and Colonel Hamond, that brought this Letter from Sir Tho. Fairfax, were called in; and the Speaker, in the Name of the House, gave them Thanks, for their good Service and their Pains.
Message from the H.C. with an Ordinance.
A Message was brought from the House of Commons, by Sir John Evelyn Knight;
To desire Concurrence in this Ordinance:
1. An Ordinance concerning the County of Wilts.
The Answer returned was:
That this House will take this Message into Consideration, and send an Answer by Messengers of their own.
Message from thence, with another.
A Message was brought from the House of Commons, by Mr. Pelham:
To desire their Lordships Concurrence in an Ordinance concerning the Isle of Ely, for advancing Five Thousand Pounds, out of the Excise, for the Use of that Isle. (Here enter.)
Read, and Agreed to.
The Answer returned was:
That this House agrees to the Ordinance now brought up.
Ld. Hunsdon's Accusation by the H. C. to be considered.
It was moved, "That the House would take into Consideration the Case of the Lord Hunsdon, who hath long lain under an Accusation, by Word of Mouth, from the House of Commons, of High Treason; but, there being no Prosecution against him, that a certain Time be set, in which Time if this House doth not hear from the House of Commons, and within a certain Time, that he may be admitted into the House; and that this be signified to the House of Commons, by a Message."
And the Lord North and the Lord Robertes were appointed to consider and draw up what is fit to be offered to the House of Commons, and report the same to this House.
Wyne and Foster, for killing the E. of Suffolk's Deer at Somersham.
Next, the Affidavits of Sir Charles Howard and Christopher Alder were read, concerning the killing of the Deer of the Earl of Suffolke's Park, at Sumersum, in the County of Hunting. and the Violence offered by Benjam. Wyne and Henry Foster. (Here enter them.)
It is Ordered, That the said Wyne and Foster shall be attached by the Gentleman Usher or his Deputy, and brought before this House, to answer the same.
Governor of Newport Pagnel to prevent his Soldiers from plundering Ld. Bruce's Park, near that Place.
Upon Complaint made to this House, by the Lord Bruce, "That the Soldiers of the Garrison of Newport Pagnell have come with Violence, and destroyed most of his Deer, and threatened to kill the Keeper of his Lordship's Parks near Newport; and some of the said Soldiers robbed a Carrier, bringing up a Deer to his Lordship."
It is Ordered, That the Governor of the said Garrison do examine the said Businesses, and return the Examinations to this House; and to take Order for the future, that the Soldiers be kept in better Order, and be kept from offering Violence to the Deer and Parks belonging to the Lord Bruce.
Cross, Undersheriff of Berks, sent for, for not restoring Sir Edmond Sawyer's Goods, seized for a Debt of the E. of Suffolk's.
An Affidavit of Danyell was read, concerning Sir Edmond Sawyer, "That the Order of this House was served upon Thomas Crosse, Under-sheriff of Berks, for restoring of the Goods of the said Sir Edmond Sawyer, being attached for the Debt of the Earl of Suffolke; and the Under-sheriff hath neglected to deliver the said Goods, according to the Order of this House."
(Here enter the Affidavit.)
It is Ordered, That the Under-sheriff of Berks shall deliver the said Goods, Sir Edmond Sawyer giving Caution for them; and that the Under-sheriff shall appear before this House, to shew Cause why he doth not deliver the said Goods.
The Lord Roberts reported the Draught concerning the Lord Hunsdon; which was read, as follows:
Ld. Hunsdon to be admitted to his Seat in the House, if no further Charge is brought by the Commons against him.
"Whereas the Lord Hunsdon hath been accused, by the House of Commons, for High Treason, upon July the 13th, 1644; whereupon he hath ever since been sequestered from the House of Peers, without giving in any particular Charge or Prosecution against him by the Commons: Since that Time, the Lords, finding that in Justice they cannot detain him from his Place without more particular Matter against him, have thought good to intimate unto them, that they intend to receive him into his Place on Saturday the 27th of this Month of September, except before that Time they shall receive from them further Cause to the contrary."
Message to them, about it.
The House, approving of this, Ordered it to be sent down to the House of Commons, by Message; which was presently done, by Sir Edward Leech and Mr. Page.
Letter from Ld. Wharton, giving an Account of Gen. Lesley's defeating the Marquis of Montrose.
"For the Right Honourable the Lord Grey of Warke, Speaker of the House of Peers pro Tempore.
"Sir James Hackett this Day came from the Scottish Army, and made a Report unto us of a Fight that happened betwixt Lieutenant General Lesleye's Forces and Montrosse, at a Place near Silcreeke, about Twentysix Miles from this Town, where God of His great Mercy appeared mightily for us. They killed and took Prisoners Twelve Hundred of their Foot, put all the Irish to the Sword; they charged the Enemy with Four Regiments of Horse, and some Commanded Horse of Commissary Middleton's, the rest of their Body being near them, but not engaged: One Thing was very remarkable, that the Earl of Lanerick (his Regiment being One of those that charged) took Sir Robert Spottwood (his Successor) Prisoner, and in his Pocket the Seal the King took from him, so as he is now possessed of it again. Montrosse is fled towards the Hills with his Horse, and ours in Pursuit of them. As more Particulars come to our Hands, I shall advertise you; and so rest,
"Your Lordship's most humble Servant,
Barwicke, 13th Sept. 1645.
Sir T. Fairfax's Narrative, concerning the Taking of Bristol.
"After the finishing of that Service at Sherborne, it was disputed, at a Council of War, whether we should march into the West, or to Bristoll. Amongst other Arguments, the leaving so considerable an Enemy at our Backs, to march into the Heart of the Kingdom; the Undoing of the Country about Bristoll, which was exceedingly harrassed by the Prince's being but a Fortnight thereabouts; the Correspondence he might hold with Wales; the Possibility of uniting the Enemy's Forces where they pleased, and especially the drawing to an Head the disaffected Club-men of Som'sett, Wilts, and Dorsett, when once our Backs were towards them: These Considerations, together with the Taking so important a Place, so advantageous for the opening of Trade to London, did sway the Balance, and begat that Conclusion. When we came within Four Miles of the City, we had a new Debate, whether we should endeavour to block it up, or make a regular Siege. The latter being over-ruled, Colonel Welden, with his Brigade, marched to Pile-hill, on the South Side of the City, being within Musket-shot thereof, wherein, in a few Days, they made a good Quarter, overlooking the City. Upon our Advance, the Enemy fired Bedminster, Clifton, and some other Villages, and would have fired the Country thereabouts, if our unexpected Coming had not hindered. The General caused some Horse and Dragooners under Commissary General Ireton to advance over Avon, to keep in the Enemy on the North Side of the Town, until the Foot could come up; and, after a Day, the General, with Colonel Mountague and Colonel Rainsborowe's Brigades, marched over at Cavesham to Stapleton, where he quartered that Night. The next Day, Colonel Mountague, having his Post assigned with his Brigade, was to secure all between Froome and Avon. He came up to Lawford's Gate, within Musket Shot thereof. Colonel Rainsborowe's Post was near to Dudham Downe, where the Dragooners and Three Regiments of Horse made good a Post upon the Down, between him and the River Avon on his Right Hand, and from Colonel Rainsborowe's Quarter to Froome River on his Left. A Part of Colonel Birch and Major General Skippon's Regiments were to maintain that Post. These Posts being thus settled, our Horse were forced to be upon exceeding great Duty, to stand by the Foot, lest the Foot, being so weak in all their Posts, might receive an Affront; and truly herein we were very happy, that we should receive so little Loss by Sallies; considering the Paucity of our Men to make good their Posts, and the Strength of the Enemy within. By Sallies (which were Three or Four) I know not that we lost Thirty Men, in all the Time of our Siege. Of Officers of Quality, only Colonel Okey was taken, by Mistake going to the Enemy, thinking them to be Friends; and Captain Gwilliams slain in a Charge. We took Sir Barnard Ashley, and killed Sir Richard Crane, Men very considerable with the Prince. We had a Council of War concerning the Storming of the Town, about Eight Days before we took it; and in that there appeared great Unwillingness to the Work, through the Unseasonableness of the Weather, and other apparent Difficulties: Some Inducement to bring us thither was, the Report of the good Affection of the Townsmen to us; but that did not answer Expectation. Upon a Second Consideration, it was overruled for a Storm, which no sooner concluded, but Difficulties were removed, and all Things seemed to favour the Design; and indeed there hath been seldom the like Chearfulness in the Officers and Soldiers to any Work like to this, after it was once resolved. The Day and Hour of our Storm was appointed to be Wednesday Morning, the 10th, about One of the Clock; we chose to act it so early, because we hoped thereby to surprize the Enemy; with this Resolution also (to avoid Confusion, and falling foul upon one another), that, when we had recovered the Line and Forts upon it, we would not advance further until Day. The general Signal upon the Storm was, the firing of Straw, and discharging Four Piece of Cannon at Priors Hill Fort. The Signal was very well perceived by all; and truly the Men went on with great Resolution, and very presently recovered the Line, making Way for the Horse to enter. Colonel Mountague and Colonel Pickering, who stormed at Lawford's Gate, where was a Double Work well filled with Men and Cannon, presently entered, and with great Resolution beat the Enemy from their Works, and possessed their Cannon. Their Expedition was such, that they forced the Enemy from their Advantages, without any considerable Loss to themselves; they laid down the Bridges for the Horse to enter; Major Desborowe commanded the Horse, who very gallantly seconded the Foot: Then our Foot advanced to the City Walls, where they possessed the Gate against The Castle Streete, whereinto were put an Hundred Men, who made it good. Sir Hadresse Waller, with his and the General's Regiment, with no less Resolution, entered on the other Side of Lawford' Gate, towards Avon River, and put themselves into an immediate Conjunction with the rest of the Brigade: During this, Colonel Rainsborowe and Colonel Hamond attempted Prior Hill Forte, and the Line downwards, towards Froome; Colonel Birch and the Major General's Regiment being to storm towards Froome River, Colonel Hamond possessed the Line immediately, and, beating the Enemy from it, made Way for our Horse to enter. Colonel Rainsborow, who had the hardest Task of all, at Priors Hill Fort, attempted it, and fought near Three Hours for it; and indeed there was great Despair of carrying the Place, it being exceeding high, a Ladder of Thirty Rounds scarce (fn. 2) reaching the Top thereof; but his Resolution was such, that, notwithstanding the Inaccessableness and Difficulty, he would not give it over. The Enemy had Four Piece of Cannon upon it; they played with Round and Case Shot upon our Men. His Lieutenant Colonel Bowen and others were Two Hours at Push of Pike, standing upon the Palisadoes; but could not enter. Colonel Hamond being entered the Line, Captain Ireton, with a Forlorn of Colonel Riche's Regiment (interposing with his Horse between the Enemy's Horse and Colonel Hamond), received a Shot with Two Pistol Bullets, which broke his Arm. By Means of his Entrance, Colonel Hamond did storm the Fort on that Part which was inward; by which Means, Colonel Rainsborowe and Colonel Hamond's Men entered the Fort, and immediately put to the Sword almost all in it; and as this was the Place of most Difficulty, so of most Loss to us on that Side, and of very great Honour to the Undertakers. The Horse did second them with great Resolution; both those Colonels do acknowledge, that their Interposition between the Enemy's Horse and their Foot was a great Means of obtaining this strong Fort; without which, all the rest of the Line to Froome River would have done us little Good; and indeed neither Horse nor Foot would have stood in all that Way in any Manner of Security, had not the Fort been taken.
"Major Bethell's were the First Horse entered the Line, who did behave himself very gallantly, and was shot in the Thigh, had One or Two Shot more, and his Horse killed under him. Colonel Birch with his Men, and the Major General's Regiment, entered with very great Resolution where their Post was, possessing the Enemy's Guns, and turning them upon them.
"By this, all the Line from Priors Hill Fort to Avon, which was a full Mile, with all the Forts, Ordnance, and Bulwarks, were possessed by us; but One wherein there were about One Hundred and Twenty Men of the Enemy, which was summoned, and all the Men submitted.
"The Success on Colonel Weldon's Side did not answer with this; and although the Colonels, and other the Officers and Soldiers, both Horse and Foot, testified very much Resolution as could be expressed, Colonel Weldon, Colonel Ingoldby, Colonel Harbert, and the rest of the Colonels and Officers both of Horse and Foot, doing what well could be looked for from Men of Honour; yet what by reason of the Height of the Works, which proved higher than Report made them, and the Shortness of the Ladders, they were repulsed with the Loss of about One Hundred Men. Colonel Fortescue's Lieutenant Colonel was killed, Major Cromwell dangerously shot, and Two of Colonel Ingoldsbye's hurt, with some Officers.
"Being possessed of thus much as hath been related, the Town was fired in Three Places by the Enemy, which we could not put out; and this begat a great Trouble to us all, fearing to see so famous a City burnt to Ashes before our Faces. Whilst we were viewing so sad a Spectacle, and consulting which Way to make further Advantage of our Success, the Prince sent me a Trumpet, to desire a Treaty, for the Surrender of the Town; to which I agreed, and deputed Colonel Mountague, Colonel Rainsborrowe, and Colonel Pickering, for that Service; authorizing them with Instructions to treat and conclude. The Articles are these inclosed; for Performance whereof, Hostages were mutually given. On Thursday, about Two of the Clock in the Afternoon, the Prince marched out, having a Convoy of Two Regiments of Horse from us, and making Election of Oxford for the Place he would go to, which he had Liberty to do by his Articles.
"The Cannon which we have taken are about One Hundred and Forty mounted, about One Hundred Barrels of Powder already come to our Hands, with a good Quantity of Shot, Ammunition, and Arms. We have found already between 2000 and 3000 Muskets. The Royal Fort had in it Victuals for One Hundred and Fifty Men, for Three Hundred and Twenty Days; the Castle victualled for near Half so long. The Prince had Foot of the Garrisons (as the Mayor of the City informs me) Two Thousand Five Hundred, and about One Thousand Horse, besides the Trained Bands of the Town, and Auxiliaries Twelve Hundred, some say Fifteen Hundred. I hear but One Man hath died of the Plague in all our Army, although we have quartered amongst and in the Midst of infected Persons and Places. We had not killed of ours in this Storm, nor all this Siege, Two Hundred Men."
"Articles of Agreement, September 10th, 1645.
Articles of Agreement on the Surrender of it.
"That his Highness Prince Rupert, and all Noblemen, Commanders, Officers, Gentlemen, and Soldiers, and all other Persons whatsoever, now residing in the City of Bristoll, the Castle and Forts thereof, shall march out of the said City, Castle, and Forts, with Colours, Pikes, and Drums, Bag and Baggage; the Prince's Highness, all Noblemen, Gentlemen, and Officers in Commission, with their Horse and Arms, and their Servants with their Horses and Swords, and Common Soldiers with their Swords; the Prince's Life-guard of Horse, with their Horses and Arms; and Two Hundred and Fifty Horse besides, to be disposed by the Prince; and his Life-guard of Firelocks, with their Arms, and each of them One Pound of Powder, and a Proportion of Bullet; and that none of the Persons who are to march out upon this Article shall be plundered, searched, or molested.
"That such Officers and Soldiers as shall be left sick or wounded, in the City, Castle, or Forts, shall have Liberty to stay till their Recovery; and then have safe Conducts to go to His Majesty, and in the Interim to be protected.
"That the Persons above-mentioned, who are to march away, shall have a sufficient Convoy provided for them, to any such Garrison of the King's as the Prince shall name, not exceeding Fifty Miles from Bristoll, and shall have Eight Days allowed for their March thither; and shall have Free Quarter by the Way, and shall have Two Officers to attend them for their Accommodation, and Twenty Waggons for their Baggage, if they shall have Occasion to use the same.
"That all the Citizens of Bristoll, and all Noblemen, Gentlemen, Clergymen, and all other Persons residing in the said City and Suburbs of the same, shall be saved from all Plunder and Violence, and be secured in their Persons and Estates from the Violence of the Soldiers, and shall enjoy those Rights and Liberties which other Subjects enjoy under the Protection and Obedience of the Parliament.
"That, in Consideration hereof, the City of Bristoll with the Castle and all other Forts and Fortifications thereof, without any slighting and defacing thereof, and all the Ordnance, Arms, Ammunition, and all other Furniture and Provisions of War (excepting what is before allowed) shall be delivered up to Sir Thomas Fairefax To-morrow, being Thursday, the 11th Day of this Instant September, by One of the Clock in the Afternoon, without any Diminution or Embezzlement; his Highness Prince Rup't then naming to what Army or Garrison of the King's he will march.
"That none of the Persons who are to march out upon this Agreement shall plunder, hurt, or spoil the Town, or any Person in it, or carry out any Thing but what is properly their own.
"That, upon signing these Articles, Colonel Okey, and all Persons now in Prison in the City of Bristoll, the Castle, or Forts of the same, shall immediately be set at Liberty.
"That sufficient Hostages be given to Sir Thomas Fairefax (such as he shall approve) this Night, who are to remain with him until the City be delivered.
"That neither the Convoy nor Officers sent with the Prince shall receive any Injury in their going or coming back, and shall have Seven Days allowed for their Return.
"That, upon the Delivery of the Town, sufficient Hostages be given, for Performance of the Articles on both Parts."
Ordinance for 5000 l. for the Isle of Ely.
"Whereas, by an Ordinance of Parliament, dated the 12th of August last, 1645, Three Hundred Pounds per Week was charged, on the Receipts of the Excise and new Impost, for the Maintenance of the Garrisons of the Isle of Ely and Crowland respectively, (to wit,) Two Hundred and Fifty Pounds per Week for the Garrisons of the Isle of Ely, and Fifty Pounds per Week for Crowland, to commence, by Weekly Payments, from 23th of April last before passed, which yet could not hitherto be received, because the great Anticipations in those Receipts were then such as the same could by no Means be satisfied and paid according to the Intent of the said Ordinance: Be it therefore Ordained, by the Lords and Commons assembled in Parliament, That the Sum of Five Thousand Pounds, which, after the Rate of Two Hundred and Fifty Pounds per Week, reckoned from the said 23th of April to the Ninth Day of this present September, intended to be paid unto the said Garrisons of Ely, amounteth to that Sum, be paid unto the Governor of the said Isle of Ely for the Time being, or his Assigns, out of the Receipts of the Excise, upon the Ordinance of the 11th of September, 1643, and no other, for the Use of the said Garrisons of the Isle of Ely, in Course, after other Ordinances of Parliament already assigned upon the said Receipts shall be first satisfied and paid: And, for the present Maintenance of the said Garrisons of Ely, be it further Ordained, by Authority aforesaid, That, from the Day of the Date hereof, Two Hundred and Fifty Pounds shall be Weekly paid unto the Governor of the Isle of Ely, or his Assigns, out of the said Receipts of Excise, upon the said Ordinance of the 11th of September, 1643, and no other; which said Five Thousand Pounds in Course, and Two Hundred and Fifty Pounds Weekly from the Day of the Date hereof, the Commissioners of Excise for the Time being are hereby authorized to make due Payment of, unto the said Governor of the Isle of Ely, or his Assigns, according to the true Intent and Meaning of this Ordinance, whose Receipt or Receipts shall, from Time to Time, be a sufficient Discharge unto the Commissioners of Excise, and every of them: And if any Person or Persons shall advance or lend all or any Part of the said Five Thousand Pounds unto the said Governor of the said Isle of Ely, for the better Supply of the said Garrisons; until the same shall fall due, and be paid in its Course as aforesaid, be it hereby Ordained, That the Assignment or Assignments of all or any Part of the said Five Thousand Pounds, by the Governor of the Isle of Ely aforesaid, shall be a sufficient Warrant unto the said Commissioners of Excise, to pay all such Assignment or Assignments, not exceeding the Sum of Five Thousand Pounds aforesaid, in its due Course as aforesaid, unto such Person or Persons as shall so advance and lend the same, together with Interest, after the Rate of Eight Pounds per Cent. for so long Time as they shall be out of all or any Part thereof, which Person or Persons Receipt shall be a sufficient Discharge unto the Commissioners of Excise, and every of them, for Payment of the Principal and Interest aforesaid."
Ordinance for the Committee of the West to regulate divers Abuses in Wiltshire.
"Upon several Informations made, of divers Abuses and Offences committed in the County of Wilts, by favouring of Delinquents, and oppressing the wellaffected in the said County, and of Differences betwixt the Committee, Officers, and Soldiers, in the County aforesaid: It is Ordained, by the Lords and Commons in Parliament assembled, That the Committee of Lords and Commons for the Associations of the Counties of Wilts, Dorsett, Som'sett, Devon, and Cornwall, shall have Power, and be authorized, and are hereby authorized, and Power is given to them, to inform themselves, by all good Ways and Means, be it by Oath or otherwise, concerning the Premises; and whether the Ordinances of Parliament concerning Delinquents are well and duly put in Execution in the said County; and also of all unjust and unequal Collections, Levies, Rates, Taxes, and unnecessary Free Quarter, made in the said County of Wilts; to which End, the said Committee of Lords and Commons, or any Three of them, are hereby authorized to administer an Oath to any Person they shall think sit, and to hear and determine Complaints concerning the Premises, and concerning any Differences that are or may arise, between the Committees, Officers, and Soldiers, or any of them; and to take Order for Redress and Remedy, as they shall see Cause; and to send any of the said Committee, or any other able and discreet Persons to be named by them, who shall have the same or like Power in the Premises, limited with such Instructions as the said Committee of Lords and Commons shall appoint and direct from Time to Time: Provided, That, in Case of Punishment to be inflicted on any Person by virtue hereof, the Proofs be made on Oath, which the said Committee of Lords and Commons, and Persons so sent, are hereby authorized to take and administer: The Powers granted by this Ordinance to continue for Six Months from the Day of passing this Ordinance, and no longer."
Affidavits concerning Wynne and Foster, destroying the E. of Suffolk's Deer, &c. at Somersham.
"Christopher Alder, of Summerton, within the County of Huntington, One of the Keepers of the Right Honourable the Earl of Suffolke, of Summerson Parke, maketh Oath, That he, this Deponent, looking to his Charge, there came into the Park one Benjamine Wyne, with Four more, videlicet, one Lieutenant Norton and his Ensign, with other Two whose Names this Deponent knoweth not: One of them having a Gun, and he and the rest beating after the Deer, and all of them armed with Swords, and the Ensign with Pistols also; this Deponent asked them, "What they had to do there?" They asked this Deponent, "What he had to do to oppose them?" He answered, "He was the Earl of Suffolke's Servant." The Ensign said, "He was a base stinking Rascal." This Deponent still following them to prevent the killing of Deer, and Three of them drew their Swords upon him, videlicet Lieutenant Norton, his Ensign, and One of the other unknown Persons; all which was done upon Friday in the Evening, being the Fifth of September. The next Day following, about Twelve of One of the Clock, Benjamine Wyne came again into the Park, and brought with him one Henry Foster, and the Ensign that was there the Day before, with Three more that are unknown; and this Deponent went to the aforesaid Wyne, and told him, "He wondered he would come any more into the Park:" But he replied, "He wondered he, this Deponent, would come any more, having such Warning as he had the Day before:" Whereupon this Deponent went to call for more Help, there being so many all armed, having Two Fowling-pieces, Three Pistols, and each Man a Sword. When this Deponent had got his Company together, he went up to them, and wished them to forbear shooting at the Deer, and to go to speak with Sir Charles Howard, who was then in the Park: But Henry Foster replied, "What had he to do with Sir Charles? if Sir Charles had any Thing to do with him, let him come to them; for Deer they came for, and Deer they would have." Thereupon the aforesaid Foster directed the Ensign to pistol One of Sir Charles Howard's Men, called John Claydon. The Ensign set his Pistol to John Claydon's Breast cocked, with these Words, "Deliver your Arms, you Rogue." Then the aforesaid Foster pulled the Gun out of Claydon's Hand; and the said Foster, having a Mastiff Dog, set him upon this Deponent, which took Hold of this Deponent's Ham, whilst Foster took away his Gun from him; and he went and took away Two Guns more, and a Staff, from others that came to assist this Deponent. This Deponent saw there with Henry Foster Three Greyhounds; and the said Foster and One of the Greyhounds were very bloody with the Soil of the Deer. One Deer of their Killing this Deponent found slayed in the Park; and is credibly informed, they carried Five more away at that Time; and that the said Foster and his Company killed and carried away Three Male Deer, about a Month before, out of the said Park.
"John Claydon and Roger Cowper, of Summersun aforesaid, (fn. 3) make Oath, That all the Particulars as Christofer Awder hath sworn are true; saving only they do not know of the killing of the Three Male Deer mentioned in the former Affidavit.
"The Mark of Roger (R) Cowper.
"Jurat. 16 Die Sept. 1645.
"Sir Charles Howard, of Som'sham, within the County of Huntingdon, Knight, maketh Oath, That one calling himself Lieutenant Colonel Nortons, his Lieutenant and his Ensign, did confess to this Deponent, that they had killed and carried away Three Male Deer, (videlicet,) One Buck and Two Sorrels, and that Henry Foster killed the same; and that the said Henry Foster confessed the same to this Deponent; and at another Time the said Lieutenant and Ensign carried away Three more Deer out of the Park at Sommershame.
"Jurat. coram me Ed'ro. Eltonhead, Ar. decimo septimo Die Septembris, Anno 1645.
Affidavit about the restoring Sir E. Sawyer's Goods, seized in Execution.
"John Davis, of the Parish of White Waltham, in the County of Berks, Gentleman, maketh Oath, That he did serve the Order of this Right Honourable House, dated the Thirteenth of this Instant September, made on the Behalf of Sir Edmund Sawyer Knight, upon the Under Sheriff of the said County, on Sunday last, the Fourteenth of this Month (he being then at Reading), by shewing of him the original Order, under the Clerk of the Parliament's Hand, and leaving the same with him, which Order forthwith requires his Delivery of such Goods and Chattels as was then in his Custody, of the said Sir Edmund Sawyer's: To which he promised Obedience; and accordingly appointed this Deponent to be with him the next Morning, for the Receipt of them; yet, notwithstanding, the said Under Sheriff Mr. Thomas Crosse came up that Sabbath-day in the Afternoon towards London, and still remains in or about this City, whereby (after this Deponent had waited at Reading Three Days in vain for him) is enforced to come up to London without the same.
"And the Cattle there remaining very ill provided for, and like to perish.
Jurat. 19 Die Septembris, 1645.