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
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. *) send an Answer by Messengers of
The Speaker acquainted the House with a Letter,
received from Sir Tho. Fairefax; which was read, as
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
"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
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
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
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
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
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.
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
"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. *) 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
"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
"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
"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
"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
"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. *) 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
"Jurat. coram me Ed'ro. Eltonhead, Ar.
decimo septimo Die Septembris,
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,