HAD not the high provocation of a scurrilous Libell, Inti­tuled, The Case of Colonell Kyrle, &c. Exceedingly prest me, I had at this time been altogether silent, being grie­ved to the heart, that England should bear such unworthy spirits, who have not only made (in these times of dan­ger) such horrid destructions of shipping-Timber (the ve­ry Bulwarke of the Nation) but with a hardned brow dare to justifie their unparalleld offences, with scandalous re­criminating of those Gentlemen, who by Authority of Parliament, and out of their deep sense of the mischiefs thereof, have made an impartial inquisition into, and as faithfull a returne of those spoiles lately committed, and other Arbitrary, and insolent actions: whose uprightnesse, industry, and timeous calling upon the Parliament to stop the procreds of such growing mischiefes (which to their praise they have heartily considered) not only this, but after-ages, will have cause, in a due sense of goatitude, to acknowledge.

And indeed I was onee to resolved not to honour such a pack of untruths and scandalls with any correction, the Parliament by their seasonable Votes (notwith­standing their Clamours & aspersions) having justified our proceedings: But finding a strenuous Endeavour in the Libeller, to insinuate into the world a belief of their Innocency and merits, though with the blemish [...]ng of the Parliaments Iustice, and the wounding of the reputation of the Commissioners, and the City of Bristoll; I could no longer permit such a daring Adversary to bid defiance to so much truth and justice, without an encounter.

And [...]ere I intend not to refute the severall branches of the case exactly, that being an after-intended work, fitter for a Volume then a sheet, & which happily will be in positive proofes, not in It may bees, and conjecturall conceits. Yet be­fore I leave this, because the substance of the case is the pretension of Authority, where it will serve their ends, their innocency, merits, and the abuses and breaches of Authority when it serves not their Advantage; let the Read [...]r please to cnosider with me these particulars, a little to unvaile that mysterie, and so procced.

2. For the pretension of Authority, consider.

1. That many of the Country-Committee are the Creatures of some that beare the names mentioned. who when they confessed that some things depend­ing before the Committee were just, yet dare not to owne them, where those Gen­tlemen resolve the contrary, least he that put in their names should return them into their pristine condition (as some of them have ingeniously acknowledged) and it is not unknowne, that when any Spirit of Justice hath appeared, that will nor bow to the Arbitrary and unlimitted will of some men present, the Committee (for that time) hath suffered a dissolution, and at a ba [...]k doore, those have returned againe, and sate, which would serve that end, whereby they are able to colour their unjust actions, with the very orders and formes of Authority.

2. The Justices of the Country must be of the same Complexion, who when they have according to their Oathes, done just actions, are threatned out of them with a remove to the Committee of Indempnitie; who because they are loath to take such a Journey, or be put out of power, (as one of them ingeni­ously confessed) sound a retreat to their just orders; and such as stand to them, are expungd the Commission.

3. The Officers of the Forrest of Deane are such, as they themselves have made; those formerly in office, that would not be conjur'd into Connivances, and breaches of Trust, suffred a dismisse, and forbid to walke the Forrest, to discover the abuses.

4. Then if it be considered with the former, that some of the Gentlemen named, were in a Commission to make Sale, and dispose of the Wood in the For­rest, and upon pretences of Sale of underwood, dead, and dry wood, &c. and least the Country should make spoile, gaine Contracts from the Committee of the Re­vennue (for which one of them is a Receiver.) Any ingenious and impartiall man will easily see, into what a faire way these Gentlemen have got, to commit what destructions they please, and that under the shaddow of Authoritie.

And yet those very contracts, to whose coverts they flie, allow no cutting downe of Timber-trees, no commanding the Coards of wood to be made above the standard of the Forrest, no taking away of Coards without delivery, No putting timber, and the best wood amongst Roote wood to passe at 12. d. the Coard; No disobedience and contempt of orders of Parliament, Councell of State, Lord Generall, Committees, Commissioners authorized by Parliament, no encon­raging the Cutters to doe contrary to order, though it cost a thousand pounds, no forcible taking away of other mens proprieties, all which crimes, with many more are deposed in the returne of our Commission; upon those Gentle­men, whom the Libeller would vindicate; Let me give you one or two In­stances of the truth, of what the Libeller asserts, by which his Credit in the rest, with the Innocencie of the Gentlemen may be judged.

The Libeller page 3. saith, that Mr. Purie charged the workemen not to cut downe any trees, but such as are appointed by the Preservators, and that when the three hundred trees were cut downe together, it was by order of the Preser­vators; and that he caused the stay of their cutting into Coards till the Preser­vators viewed them; That none of them were found to be timber trees, and ve­ry little timber in the rest.

Whereas the Preservators, and others have deposed that Mr. Purie was ser­ved with the Order of restraint, March 17. 1648. forbidding the cutting of any more trees, and that notwithstanding foure hundred Oakes were cut downe by his [...]ulters, and others in the space of foure or five dayes in Easter-weake [Page 3] last, and fourty shortly after that, and that when the Preservators refused the deliverie of the proceeds of those trees, because contrary to Order of Parlia­ment; Captaine Purie told them passionately, that if they would not deliver them, they would take them themselves; and another hath deposed that they were mast timber trees: Nay, when one of his owne workemen told him of the Or­der of Parliament, not to cut any, he notwithstanding commanded him to cut, coale, &c. and that from that time, ten horses a day carry coale to his workes. The like the Cutters depose of his commanding them to make the Coards above the assize, it being almost 4000 l. losse in 10000 l. as will be proved; and his contending with Oldfield the Survei [...]r, because he would not deliver him coards of wood, as Roote wood, and Stub wood, which was much of them the best sort of wood; and five thousand Coard taken by him, and the other Iron Masters contrary to Order, and the coaling of neere foure thousand Coards by them, since the Commissioners prohibition. Insomuch, that the Coarders de­pose, that they must make the Coards above assize, or they shall have no worke [...] and the Officers, that they are inforced to deliver Coards above assize, and con­trary to order, least otherwise those take them, and give no account thereof to the State. I could also give pregnant Instances, how Captaine Philips, en­couraged the Cutters to cut contrary to the Order of Parliament, though it cost a thousand pound, and when forbid by Order, said, he would cut, though one who is a Member of the Councell of State were on the tree, with many other grosse abuses and destruction of timber by him, and others; but this I hope, is a sufficient, taste of the Innocency of these Gentlemen, and the credit of the Libellers vindi­cation: which with many other particulars, being under the consideration of the Honourable Barons of the Exchequer, I shall leave to their Judgements.

I shall passe by the merits of those Gentlemen, who being so much in their owne commendation, seeme to dwell farre from good Neighbours, whose Eagle-eyes have not yet perceived their brave atchievements, nor could I ever heare (till now) of their performances, unlesse of betraying Trusts, and revolting from the Parliament to the King, and writing scandalous books against them.

Nor shall I speake of their righteousnesse, which the returne of our Commis­sion will more fully declare, even in the running of that Gallant Forrest, and the sad cries of the Country, by reason of Tyrannicall and forcible taking away of their Furnaces, Forges, water Courses, destruction of their woods, k [...]agring and thirsting after their Estates, under pretence of advancing the Publique treasurie, contemning and disobeying Orders of Parliament, calling them hedge orders, and the Commission under the new Great Seale, a hedge Commission, brag­gi [...]g that they could make men sweare and unsweare what they pleased, with many other Outrages of a more gross nature, which my heart doth tremble to think of, and my pen to write. I feare ere long will shew to the world: but because this is somewhat large; and intended to be produced after another manner suddenly. I forbeare at the present to nominate them.

The Libeller, having thus far proceeded in the State of the case, goes on next to the condition of the Commissioners, whom he stiles Prosecutors, and with unparaleld defamations endeavors to ravish the chast Judgements of upright Pa­triots into a beleife of their owne Innocency, and to lessen the reputation of the Commissioners and their service to the Common-wealth.

But why Prosecutors? do they any more then their duty &c. then what it be­hoves them as to the returne of their Commission, in giving account of it to [Page 4] them whom it concerns, is the returne of a Commission a Prosecution? I thought the Libeller had understod more Law and reason.

And yet, why not Prosecutors? when the matter they are upon, is of so much concernment to the very being of England; and which no true bred Son of hers, but ought to prosecute, and to bring the Authors of such mischeifes to Exemplary punishment: If so be, the destruction of above fifty thousand Trees of Oake and Beech: the best part of which were Timber, some of them an Elle and a halfe square, and some worth 2 [...] l. a Tree, in the space of seaven yeares in one Forrest, much of which contrary to Orders of all Authority, the contemning and abusing those Orders and Commissions, by some that sit within those walls; the taking that for 3sh 2 s. 8 d. & 1 sh. which is worth 30 s. the forcible ta­king wood without delivery, and that proprieties of other men, who groane under their oppressions, but dare not seek for releife, either at Law, or by Petition, with divers things of this nature, and the preservation of Timber (which by Sequestra­tions, Bishops, Deane, and Chapter, Crowne Lands, and Iron works, is threatned suddenly to [...]e destroyed) but no matter of prosecution what is?

Besides, why are we Prosecutors, more then the Parliament, who set in on work? Methinks the Libeller should have been more wise, then [...]o strike through ours into their sides, whose commands we have followed, and highly to charge the Parliament with Iniustice Page 6. (for whom else can it meane) for proceeding against them as Malefactors without hearing of them; or calling them to Answer, or notice of the charge against them, who have made no procee­dings upon them but generall Votes concerning the preservation of Timber, and their particular offences, not being as yet brought into charge against them, but may be in due season.

The Prosecutors (sayeth the Libeller) are such persons, and of such conditions, as are expressed; who as is conceived procured themselves to be in the Commission.

And here by his Emphasis; he would make the world suppose them to be the very Extract of Goales and Prisons, and a compositum of Debauchery, Irreligion, Drunkennesse, and other wickednesses, when as the Country so well knows their birth, breeding, manner of life, honesty, faithfullnesse and activity, for the Parlia­ments service, that the very children are able to give the lye to these scandalls, and indeed deserves no Answer, for if, Parliamentary Authority, is not freed from their darts, and Gentlemen of Honour and Gallantry called fooles and asses, wee must not look for any better: A bad Tree cannot bring forth good fruit: Sure­ly the Libeller is conscious of so many miscariages, that he thinks all are of his complexion, or at least like those whom hee endeavours to vindicate. But suppose those, whom he calls Prosecutors were guilty of all those offences, will that iustifie the crimes of the named Gentlemen or Enervate the validity of those that have deposed their transegressions? if Infirmities shall invaliditate testimonies, whose assertions shall stand good? The Question is not vvhat the Commissioners are, but what are the offences they present? will you be angry; if bad men produce good things? Surely I think that a good action performed by a bad man, deserves as much commendation, as an evill one, from him that saith he is good doth punish­ment. Certainly the Commissioners had not fallen under the Libellers lash, had not they detested to serve his lusts and humours.

Well shot at an adventure, It may be—. See the ground of These bold calum­nies, it rests upon a tottering probability, will the Libeller think it honest dea­ling [Page 5] to be set out to the world under the deepest Tincture of offences with It may Bee?

But why, procure themselves in the Commission? will any rationall man think, that the Gentlemen are so indiscreet, as to leave the prosecution of their Merchan­dize, and other necessary employments, to make many journeys into the Countrey with their servants, there to stay severall dayes at a time, have 200. people atten­ding their businesse, and dieted at their own charge, take the depositions of many hundred persons, which five and twenty skins of Parchment will hardly containe, attend a hundred miles distance at London from day to day, for five weeks together, being at neare 200. l. cha [...]ge, and proceed upon all this, without so much as any promise for the reinbursing them againe, what they have laid out (though they conceive so Honourably of the Parliament, as that they will make them sa­tisfaction) I say, will any rationall man conceive them in their witts, to pro­cure themselves into so much charge and trouble to attend it, had not the d [...]epe sense of the concernment of the businesse, and their more then ordinary zeale to promote such a publique service set them on work?

How many such services hath the Libeller and his vindicates undergone? should they not rather have given them thankes, then such abuses? But some of the named Gentlemen know, who endeavoured to be in a former Commission, 1645: that thereby they might have opportunity to serve themselves in the pub­licke ruines of that gallant Forrest, and therefore they are displeased that the course of their gaine on the States losse, is stopt, and do think that others are like them­selves. Nay, had we procured our selves to be in the Commission, it had beene the more commendable, though for my owne part, I seriously professe, I knew not of my putting in; nor do I believe did the other Gentlemen, whose names are (because he is pleased not to name them) Ald. Aldworth, Ald. Hodges, Members of Parliament, Ald. Vickris, Ald. Jackeson, Ald. Brown.

The Libeller now goes on to particulars, where his pen railes at Col. Brom­wich, and Col. B [...]rrow, who no doubt but will give a good account of themselves to his shame. I shall leave them to their own vindication, only in the Generall shall say and affi [...]me, That in all the presecution of this businesse, I found as much reality, uprightnesse, and love to publique Justice, and as much freedome from De­bauchery, Drunkennesse, Peevishnesse, Irreligion, Scandalousnesse, Disaffection to Government, Treason, destruction of woods, unworthinesse, as any I have of late met withall, Gentlemen of estates, and reputation in the Countrie, and men to whom this State ow [...]s much for for [...]mer, and these latter services, which I should not now write, but that the venome of their aspersions in these Gentlemens reputation so much constrains me.

I could wish, and it would be well; if those named in the front of the Li­bell were free from those, and greater offences, with which they charge these Genntlemen, which my pen blusheth to write, the thought thereof astonishing my spirits. It may be some that thinke themselves unseen in this businesse, can­not throw the stone against Drunkennesse (I write not to excuse it in any.) and I could wish they had as much conscience to God and man, as they have to their owne Interest; for which it may be feared they make Religion a cloake, which God will in time discover, for there is nothing hid that shall not be revealed and I wish them as honest to the publique Interest, as those Gentlemen they so much scandalize. It may be they could not follow the Luxuriant Exorbitan­cies of some men, who would be as the fishes in the Sea, the greater to devou [...]e the [Page 6] lesser, and it may be like Christians, and tender hearted men have stept in to save some poore Families, from their unsatiable hatred and Avarice, and because of this, have been supposed troublers of Committees; when (as I said before) they onely endure such to sit, as will serve their ends, and privately Iuncto them together, when the other thinke, they are departed, and in this close chamber, Mr. [...]romwich is not desired.

As for their Loyaltie to the State, let the world judge, which are more lovers of the Common-wealth, either they that out of their great sence of the destructi­on of Timber, and therein of the strength of the Nation, and of private mens Tirannizing over the estates, and the proprieties of their Brethren, which is in order to the ruine of the Nation; owne a Commission, under the new great Seal of England, wherein they undergoe abundance of charge and trouble, and the neglect of all that is deare to them, to redresse those evills; Or, those who have made those destructions, disobedyed the Orders of the State, made to prevent those distructions, commanding men to break them; called them hedge orders, and the Commission under the new great Seale a hedge Commission, openly contemning it, Revolters, writers of scurrilous books against the Par­liament; that have boasted that they have cut downe foure hundred trees contrary to an Order of Parliament; and notoriously abuse and scandalize those that through abundance of Toyle have brought those spoyles to light, and ear­nestly sollicited for the future redresse of them, which if not remedied, (it be­ing now blessed be God in a good progresse) had exposed us to the cruelty and scorne of our Enemies. I am sure I have heard Colonel Burrow say, that though it was his own Brother, yet if he abused the Authority, by which he was pro­tected, he would not beare it; and tis very likely that Master Pury Junior knowes, who blessed God, that his father and he had no hand in that—Action of killing the King, and who stood a while secluded, as one disaffected to this change of Government, for the rest I leave it to those Gentlemen whom it con­cernes to assert their owne Innocencie.

The next in order are the Citizens of Bristoll, whom he honour [...] not so much as with a name, but tells you—that some of the Aldermen there did joyne before, or at the beginning of this Parliament, joyned in a bargaine for the destruction of the wood; some Aldermen of Bristoll,—what is that to the Gentlemen scanda­lized? because Combes is a robber, therefore Mr. Pury is, will he take this for good Logick?

And before, or at the beginning of this Parliament, what is that to 1649. Its possible that some of those named Gentlemens bloud ranne in their veines, or else were men spighted by them; because they could have no Interest in the ad­vantage, which since they have prosecuted with vigor proportionable to the edge of their affections so long whetted, and to the opportunity, that none might gleane after them; But can he name any more then Alderman Taylor, and Alderman Gunning? were not Sir Baynnem Throgmorton, and Sir Sacvile Crow, the chiefe designers? yet I will not become their Advocate, the Judgment of one of them is ere this passed in another world, I wish the Judgement of these may be onely in this, to amendment of life, and repentance for their offences.

And these things (saith he) were not complained of—if they had not been could we help it? tis well that we now see it and complaine; Are you offended be­cause we are so farre from following the steps of our Predecessors, that we com­plains of those that doe alike transgresse? yet if the Libeller would but a little [Page 7] informe himselfe, he would finde that a worthy Gentleman. Alderman Barkar deceased (whose memory is prec [...]ous) did so farre contend about it, that it was the breaking of his heart, that he could not remedie it.

But the Libeller tells us that some of the Citizens of Bristoll are the greatest Ironmasters and Ironmongers in the west of England; and have great quantities of Iron, and are adventurers for Swedish and Spanish Iron, &c.

The greatest Ironmongers in the west of England, surely the Libeller was never choaked with a small bone: is he such a stranger to the Forrest Ironmasters? and for the Iron that is in Bristoll, is it not from the Forrest? If it be an offence to sell it, tis a greater to make it. But what is this to the purpose? are any of Commissioners that are of Bristoll Ironmasters, and Ironmongers? If not what designe can they have in the businesse?

But saith he, they are aduentures to Swetheland, &c.

Tis tr [...], they named Swethland and Spaine in their Petition as an expedient to serve the Nation, in case of demolishing the Iron-works here, that are so de­structive, but for adventures they are very little, if any at all: But why may they not, as for Wine, &c. since that this is of publique advantage, and running the hazard of the Sea, why should they not have a recompence?

Tis (saith the Libeller) to raise the price of their owne Iron, which this last yeare is fallen from 19. l. a tun, to 15.

Did they doe so, yet they are but quit with those Gentlemen, who being asked why they sold their Iron, two or three pounds in a tun cheaper then others, and how they could afford it, one said, he had wood for nothing,; the other for a groat a Cord Col. Kerls, and Captaine Braine can tell you, who it meanes: and herein be thine owne Judge Libeller, whether tis not thine envying at another mans prosperity, not the publique advantage of the Nation; that thou art so much troubled.

And do thou be judge O Reader, how much the Libeller makes conscience of what he asserts, whereas not one single man of the Commissioners of Bristol, or those Gentlemen in the Petition from thence had ever any thing to do with the Iron works, or any thing that belongs to it, nor have they 20. tun of Iron lying by them of Forraign or Domestick whatsoever, we also adde our desire that he that hath any selfe ends in this businesse, may hve the vizard of his Hypocrisy plucked off, himselfe placed upon Pauls steeple for a wonder to the world.

All which appears (saith hee) by the mannagement of their commission, for it is well knowne, that in the Woodwardship of Avan Hall there were 10000. Trees cut downe, and at least 10000. more in other places &c. It seemes the Libeller is a good Accountant, and hath taken some paines in the Survey of the Forrest, it had been well, if he had manifested so much Ingenuity as to have told the rest; and saved the State and us, so much charge and labour: But he might have for­borne his censure, till he had seen our returne, and then he would have found, that the forbid Oakes of an Ell and halfe square, some of them worth 20 l. a Tree, soune, and not so much as shrowded, and some thousands more (If I mistake not) proved upon the Iron Masters out of that Woodwardship: If he had not a full account of all things, we may thanke Capt. Purie with the others in the Vindi­cative, who with their abusing of the Authority of Parliament, and other Ty­rannicall actions; made the Country in a great measure to desert us, he might al­so have told us of 4000. Trees cut downe in a yeare in Ruardeane by Captaine Purie and others, wherein were many Timber Trees, and not above two of those marked now standing, also 8000 Timber Trees cut by the Vindicates in

And no mention made (saith the Libeller) in their Petition of the spoiles by [...]he Inhabitants &c.

What he means by the Inhabitants, I cannot vvell tell, doubtlesse the Cabo [...] ners vvho serve their furnaces, vvere the cheife, for others, the Officer­keept them bare enough, even of the very Priviledges due to them of Plough-boot, House boot, &c. yet have vvee in our returne set dovvne as many, as vve could possible heare of, vvithout respect of persons, though they neither men­tioned the one, nor other in their Petition: It seemes it greives them that any water runs besides their Mill. Nay so Exact were vvee, that vvhat ever vve cold heare of against any of Bristoll, or against Col Berrow a Commissioner, vve have returned, though vve found that vvhat Colonell Berrow vvas charged with, vvas either his by the grant of Ed. 1. as Woodward, or what the very Officers that presented him, have cleared; which will appeare when it comes to triall.

But they petition that the Iron works may be presently razed, though set up by Authority of Parliament to enrich themselves &c.

And well may they, and such Persons also as notorious Malefactors that make no conscience to ruine the Nation for their advantage, and that become advocates for such Offendors; whom I cannot conceive but to be worse Members of the Common-wealth, then the Papists and Malignants, they chalenge some to protect.

Tis true, the Parliament might permit then setting them up for Good ends, and they can, upon better Accounts, pluck them downe without your leave Sir, when they appeare (as by the vindicates management) so distructive; and you too also, who ever you are, if you be discovered and found to be a burthen, an Achan to the Common-wealth, of which I wish you to beware, and look to, for the howre of Temptation, The day of the Lord is at hand, he is as a refiners fire and will throughly purge his floore, and take heed least you say, that day is ter­rible, and who can endure it? And all to inrich themselves &c.

This is never out of the Libellers mouth, Enrich, Enrich, theres the Plague, should not now write; but that the venome of their aspersions in these Gentle­mens reputation so much constraines me.

To conclude, Reader, I am assured that no selfish end drew these Gentlemen of Bristoll to this difficult undertaking, nor the Magistrates or Merchants of Bristoll in their Petition, but a deep sense of a growing mischiefe, to which they were near­ly seated, and as nearly concerned, for which they receive this recompence of scandal. But I will tell thee, what is the reason of the throwing of all this dirt, (viz.) Be­cause they would not be courted by sugred Expressions, nor entertain the Civill offer of 2000. l. advantage in Cann. wood, which was tendered at Lidney, to one of the Aldermen, Sept. 12. 1649. by one of their Creatures as fit for the Merchants of Bristol.

I say because none of these things would prevail with them to be false to their Trust, not by the telling them the Forrest was destroyed, & not be remained worth our labour, and what was lef [...] the Parliament was resolved to sell, for the Souldiers Arrears, to neglect their duty, therefore they have discharged their malice against them in black Calumnies, and intollerable reproaches, of which we hope the Parliament will be so sensible, that we who freely have undergone so much trouble, charge, and reproach in the management of a businesse of so high concernment, shall be justified from these great abuses, and Capt. Pury and the rest he called to a strict account for abu­sing and disobeying their Orders, Commissions, and Commands, lest such presidents remaining unpu­nished, both our selves and others be thereby concluded under all discouragements to ex [...] [...] ny of their Commissions, or complain of any grievances for ihe future: And that provision ma [...] be made for the effectuall preservation of Timber through our all England, (in which they hav [...] made a happy progress) and which we desire God to blesse them in, and in all other good thing [...] for the prosperity of this Common-wealth.