A DECLARATION Of His Highnesse Prince RUPERT.
NOt that His Highnesse thinks to justifie himselfe to those who by that must condemne themselves: nor that he believes any thing he hath done needs a Declaration, does he publish this to the world: but hee thought it might not be unnecessary to the service of his Majesty (in order to which all his actions have been directed) to let the world see that hee hath faithfully served Him, and [Page 2]that his enemies had no other reason for his accusation, than that they found it necessary for their defence. His Highnesse is not ignorant how great a difficulty he hath undertaken in satisfying the people, who are as severe in the actions of others as they are partiall in their owne, and who censure all by successe; which judgement, how unjust it is, the meanest understandings, even those brought against him, must confesse. Yet with these disadvantages must he now appeare, and he is confident that through them all he shall let the mis-informed Kingdome see that his honour is as much above the malice of his enemies as their competition. His Highnesse will not goe backe to the beginning of these times, nor particularly mention his actions in this warre, although he believes he may without vanity say, that neither [Page 3]integrity nor industry hath been wanting in any of them; nor that there hath scarce been any service where he hath not appeared in his person and his care; which how succesfull it hath been in severall occasions the Kingdome will be his witnesse, and where the event hath been contrary, His Majesty and the Armies will acquit him of his part in it. And he esteemes it his happinesse to have served the King in difficult times, where he hath appeared with him in good and ill-fortune, assisted by the gallantry of those Gentlemen who neither in danger nor disfavour have forsaken him, of whose affections he shall ever make a just and proportioned acknowledgement. But since (as it is the fate of those in the condition of his Highnesse) hee hath had his actions imperfectly, if not maliciously [Page 4]related, examined at a distance, and accordingly censured: since he is become the subject of every ones passion, how unjust soever, and of every opinion, although never so weake; His Highnesse thought it was a right hee owed the Kings service and himselfe (whom hee will ever consider last) to publish in the following narrative the integrity and reasons of his proceedings, that it might appeare, that as his Highnesse hath faithfully served the King, he hath not served him unadvisedly, but like a souldier, as well as a man of honour. And all the world, even his enemies shall see, that his actions (to say no more) have been as farre from injuring His Majesties cause, as theirs from defending it.
A Narrative of the state and condition of the Citie and Garrison of Bristol, when his Highnesse Prince Rupert came thither; of the actions there during the Siege, of the Treaties and Rendition thereof.
HIS Majestie, after the Battell of Knasby, retreating towards Hereford, intending to recruit his Army by new-levyes in those parts; His Highnesse, Prince Rupert, crost the Severne-Sea, to visit his Highnesse the Prince of Wales; and by his personall presence, to informe himselfe more fully of the condition of his Majesties Forces in the Westerne parts. In his returne, hee passed through the Lord Goring his Army, thereby to settle and order things so there, as might most advantage his Majesties future service: and immediately after, his Highnesse intending to provide for a traine of Artillery, and other necessaries for his Majesties Army, repaired to Bristol, where the then present constitution of the Garrison had by the establishment Contribution setled for 3600 men, for that and the subordinate Garrisons, as Nuney, Portsend Point, &c. But at his comming thither, the presidiary Souldiers (which went by reputation, for 800, or 900 men, and for some reasons unknowne to his Highnesse, it was not thought fit or convenient by them who tooke upon them the power to have them called to a Muster) were really in the judgement of honest and judicious persons, whose safeties were concerned in it, [Page 6]betwixt 500, or 600 effective. The Auxiliary and trained Bands, by interruption of Trade and Commerce, by the Pestilence then raging there, by their poverty and pressures layd upon them, were reduced to 800; and the Mariners, for want of imployment, betooke themselves to other parts, or to the Enemy.
The Commissioners intrusted for the Contribution, and support of the Garrison, upon the Enemies approach abandoned the Towne, and many considerable persons had libertie given them, and quitted the Town, which much weakned and dis-heartned the rest.
For the securing of that place, his Highnesse drew in so many, that made the Garrison 2300 men upon sight: But after the Enemy approach't, his Highnesse could never draw upon the line above 1500, and it was impossible for his Highnesse to keepe them from getting over the workes, and many of those were new-levyed Welch, and unexperienced men.
The Line which was to be defended, was above foure miles in compasse, the brest-worke low and thin, the graffe very narrow, and of no depth; and by the opinion of all the Colonels (whose judgements and votes were required upon all important occasions) not tenable upon a briske or vigorous assault.
The great Fort, which had the reputation of strength, lay open to Brandon-hill Fort, which being taken, would from its height with the Cannon, command the whole plaine within it, and that wanting water was not to be kept many dayes. For the like consideration of danger to the Line from another part, his Highnes built a redout without, which on that side prevented the enemy from erecting a battery, as likewise three other during the Siege, and drew a line of 500 foot.
After the mis-fortune which hapned to the Lord Goring his Army, the losse of Bridge-water and Sherborne, and upon his Majesties sudden recesse out of Wales, his Highnesse not having received any command or intimation to follow him, he thought it might be more conducible to his Majesties affaires for him to remain there; and conceiving that the Enemies designe after their former successes, might be for Bristol, gave expresse orders, for all Inhabitants to victuall themselves for six moneths: and upon a strict survay, there were 2500 families then remaining in the Citie, whereof 1500, through indigence and want, could not provide for themselves. To supply this defect, his Highnesse caused 2000 bushels of Corne to be imported out of Wales. For further supply, his Highnesse, upon the certaine approach of the Enemies whole Army, commanded out parties to drive in all the Cattell thereabouts; of which there were an indifferent number.
The Ammunition was scant (considering that in the Forts, Castle, Line and Streets, there being above 100 Cannon mounted) the quantitie of powder exceeding not 130 barrells: and at his Highnesse first comming thither, there was not in the publique magazine musket-balls for three houres fight, wherefore he caused immediately great quantities of Lead to be cast into Bullet; and the manufacture of match was quite downe, and set up by his Highnesse during the Siege.
His Highnesse having made all possible preparations, consulted with all us, the Colonels of Posts, for our opinion concerning the tenablenesse of the Line: our judgment generall was, that notwithstanding, the Workes and Line were very defective, the circuit large, our numbers few; yet if we could repell one generall storm, [Page 8]the enemy would be discouraged from attempting the second time, and the season of the year might advantage us, and incommodate them.
Upon this uncertainty his Highnesse made offer, that for his own person he would attempt to break through with his Horse, with such Officers as could be spared, leaving such as were requisite for the Fort and Castle.
This by all us the Colonells of Posts, and Officers was thought neither safe nor honourable. In the second place he offered to put himselfe upon the defence of the Castle and Fort, all the Officers were cleare of opinion against this, that in regard of the Nobility, and Gentry and such of the Town as had appeared well affected, and the horse and foot which the Fort and Castle could not receive, had thereby been left to the Sword of the Enemy, and in regard the Fort and Castle in our opinions were not tenable against their army.
In the third place seeing that neither of the former wayes could be taken, we were all resolved to fall upon the best generall defence that could be made of the whole, wherein we might all share alike. These were the resolutions of all we Colonells and Officers of the Posts, Castle and Fort, his Highnesse leaving the free debate unto us, himselfe not being by, upon our owne desires.
These were the results at a councell of war, only I do not well remember that the weaknesse of the Castle and Fort was at that instant, while I was present, taken into consideration.
- F. Hawley.
- John Russell.
- Somerset Fox.
- Will. Murry.
- Hen. Osburne.
- Hen. Tillier.
- Mat. Appleyard.
The State and condition of the Line of fortifications about the City of Bristoll, as likewise of the great Fort (as appeares by the subscriptions of the Engineers, who had taken an exact survay of them were as followes.
THe Line generally was three foot thicke.
The height of it five foot where it was highest.
The graffe commonly six foot broad, and where it was widest but seven.
The depth in most parts foure foot, and five where deepest.
Between Pryor-hill-Fort, Stokes Croft-gate, and beyond the little River towards Laffords-gate, in which places the Enemy entered, not five foot high.
The graffe five foot broad, and all that part of the line much decayed.
The ditch of the great Fort on the right hand the gate before the face of the Bulwork, was not foure foot deep, and eighteene foot broad, so that horses did go up and down into it.
The highest worke of the Fort was not twelve foot high, and the curtens but ten.
Within one hundred foot of the Fort, there was a deepe hollow way, where the enemy might lodge what numbers hee pleased, and might be in the graffe the first night, and in that part the Fort was minable.
Brandon-hill Fort, was about twelve foot above the levell of the great Fort and that being not able to make any long resistance, the Enemy gaining it, would command the other.
The Hedges and Ditches without the Line were neither [Page 10]cut, nor levelled, so that they lodged their men securely near our workes, at their first approach.
- B. De Gomme Engineer Generall.
- John Mansfield Engineer.
The resolution being then taken for a generall defence, his Highnesse disposed all the Colonells to their severall Posts, and Forts upon the line. His Highnesse being thus sollicitous for the securing of the place, the Enemy upon the 22 of August appeared before the Town, upon Pine-hill to the South side. To encounter them his Highnesse sent a party of horse commanded by Sir Richard Crane (who in that action receaved his deaths wound) a little before that Bedminster was fired, upon intelligence the Enemy intended that nigh [...] to quarter 2000 men in it, and notwithstanding the fi [...] the Enemy drew thither, and ply'd their small shot all [...]ght.
August. 23. his Highnesse caused a traverse or blinde of earth to be made within the draw-bridge without Temple gate, and the same day a battery was raised in the Marsh for securing the River, and scouring the fields beyond it. The Enemy began some brestworkes, and a battery on the hill without Temple-gate, with a traverse crosse the way to hinder our sallies.
In this time the enemy omitted no opportunity to sollicite the minds of the Inhabitants, Trayned-bands, and Auxiliaries, and to that purpose sent secretly in these lines following, Signed and sealed by Sir Tho. Fairfax, and Oliver Crumwell, as likewise further instructions to the Citizens of Bristoll, for the delivery of Bristoll to the Parliament.
We doe hereby promise and engage our selves, that [Page 11]all such Citizens of Bristoll, now Inhabiting within the said City, which shall from henceforth forbeare to resist the Army under our command, in the attempting to enter the said City, and the Lines of defence, and Forts made about it, and shall appeare to do their best endeavour for the delivering in of the same into our hands, for the use of the Parliament shall (in case the said City be delivered into our hands) be secured and protected by the authority of the Parliament, in the enjoyment of their Lives, Liberties and Estates, as freely as in former times, and as any other persons under the obedience of the Parliament, notwithstanding any past Acts of hostility, or any other thing by them done in the former delivering up of the said City to the Enemy, or maintaining of it against the Parliament, or otherwise in assistance of the Enemy. For assurance, and in testimony whereof we have hereunto set our hands and seales, this 25 of August. 1645.
- Thomas Fairfax.
- Oliver Crumwell.
Further instructions to the Citizens of Bristoll that shall endeavour the delivering up of the City to the Parliaments forces.
1. THat if any doubtfull expressions, or defects be conceived to be in the notes sent in under our hands, the said Citizens shall have any other draught to the same purpose, signed and sealed by us in as full and ample rearms, as themselves shall devise and send forth to us.
2. That what liberty, freedom or immunity the said Citizens shall find needfull to promise to any common Souldiers, or Officers of the Enemy within the Garrison (not [Page 13]exceeding the degree of Colonells) for the more sure and speedy delivering up of the said City unto us, shall be fully made good by us.
3. That they fall to some speedy resolution, and attempt for the purposes aforesaid, because else we shall fall to some attempt by our owne Forces, and (if thereby through Gods blessing it be taken) we shall hardly be able to withhold the Souldiers from doing that violence and dammage to the City, which we earnestly desire and study to prevent.
4. For the particular way of their attempt we must expect advertisement from them, and cannot particularly direct them, but in generall we offer that it may be either by seizing the Prince, or possessing or delivering up some Fort, or Worke which wee may enter, or setting open some Port, or by a generall rising to assault and oppose the Princes Forces, or otherwise as they shall finde any speedy opportunity, and upon the perceiving of any such rising, or attempt of theirs within, we shall apply our Forces accordingly to enter for their assistance, and if by any such meanes of theirs we enter, we shall undertake to secure the City from losse or violence by our souldiers.
5. If they thinke themselves by their own force able to master the Enemie, or by any designe to make themselves masters of the commanding Forts without our assistance, we shall not bring our Armie into the City, unlesse they desire it.
Upon the interception of which papers his Highnesse caused severall suspected, and active persons to be restrained, which prevented the designe, and withall by his personall presence secured the great Fort from surprizall.
In the meane time his Highnesse to interrupt the Enemies working made severall sallies, all which succeeded according to designe.
August 26. Soone after a storme being expected by the Enemies drawing great bodies of horse and foote, his Highnesse double manned the Line, but nothing followed.
August. 28. Five Parliament Ships entred Kingrode, and fore't Captaine Boone, who commanded the tenth Whelpe to run up the Severne for securitie.
August 29. The Enemie was making a bridge over Avon to conjoine their quarters.
Sept. 3. His Highnesse began a work, or cutting off within the Line by Laffords-gate.
Sir Thomas Fairfax his Summons.
SIR, For the service of the Parliament, I have brought this Army before the City of Bristoll, and do summon you in their names to render it, with all the Forts belonging to the same into my hands to their use. Having used this plaine language, as the businesse requires, I wish it may be as effectuall with you, as it is satisfactorie to my selfe, that I do a little expostulate with you about the surrender of the same, which I confesse is a way not common, and which I should not have used, but in respect to such a person, and to such a place. I take into consideration Your Royall Birth, and relation to the Crowne of England, Your honour, courage, and the vertue of Your Person, and the strength of that place, which You may thinke Your Selfe bound, and able to maintaine.
SIR, The Crowne of England is and will be where it ought to be, we fight to maintaine it there, but the King misled by evill Counsellors, or through a seduced heart hath left His Parliament, and His people; (under God the best assurance of his Crown and Familie) the maintenance of this Schisme is the ground of this unhappy War on your part, and what sad effects it hath produced in the three [Page 14]Kingdomes, is visible to all men. To maintaine the rights of the Crowne of England joyntly (a principall part wherof is that the King in supreame Acts concerning the whole State is not to be advised by men, of whom the Law takes no notice, but by His Parliament the great Councell of the Kingdome; in whom, (as much as man is capable of) he heares all his people as it wereat once, advising him, and in which multitude of Counsellors lies His safety, and His peoples interest; and to set him right in this, has been the constant, and faithfull endeavour of the Parliament, and to bring those wicked instruments to Justice that have misled Him) is a principall ground of our fighting.
SIR, If God makes this cleare to you as he has to us, I doubt not but hee will give you a heart to deliver this place, notwithstanding all the other considerations of ho [...], courage, fidelity, &c. Because their consistency [...] [...]se in the present businesse depends upon the right and wrongfulnesse of this that has beene said: and if upon such conviction you should surrender it, and save the losse of bloud, or hazard of spoyling such a City, it would be an occasion glorious in its selfe, and joyfull to us for the restoring of you to the indeer'd affection of the Parliament, and people of England, the truest friends to Your Family, it hath in the World.
But if this be hid from your eyes, and that through your wilfulnesse, this so great, so famous, and ancient a City and so full of people be (by Your putting us to force the same) exposed to ruine, and the extremity of War, which yet wee shall in that case as much as possible endeavour to prevent) then I appeale to the righteous God to be Judge betweene You and us, and to require the wrong.
And let all England judge whether the burning of its Townes, ruining its Cities, and destroying its people be a good requitall from a person of your family, which hath had the prayers, teares, purses, and blood of its Parliament and people, and (if you looke on either as now divided) which hath ever had that same party both in Parliaments, and amongst the people most zealous for their assistance, and restitution, which you now oppose, and seeke to destroy, and whose constant griefe has been, that their desires to serve your Family have been ever hindred or made fruitlesse by that same party about his Majesty, whose counsels you act, and whose interest you pursue in this unnaturall warre
I expect your speedy answer to the summons with the returne of the bearer this evening, and remaine
His Highnesse reply was onely to know whether hee would give leave for a messenger to goe to his Majesty to know his pleasure, which occasioned Sir Thomas Fairfax to returne this answer.
THe overture of sending to the King to know his pleasure I cannot give way to, because of delay; I confesse your answer doth intimate your intention not to surrender without His Majesties consent; yet (because it is but implicite) I shall send againe to know a more positive answer from your selfe, which I desire may be such, as may render me capable to approve my selfe
Whereupon his Highnesse sent him these following Propositions; for during a Treaty wee might strengthen our workes within, heare from the King, and had hee assented unto our demands wee should have required a confirmation of them by the Parliament, which protraction of time would have been our advantage.
At the Councell of Warre, present
Prince Rupert, Lord Hawley, Lord Lumley, Col. John Russell, Sir Matthew Appleyard, Colonell Tillier, Colonell Fox, Col. Robert Slingesby, Col. Walter Slingesby, Col. Murrey, Lieut. Colonell Osborne.
VVHereas I received your Letter for the delivery of the City, Forts, and Castle of Bristol, and being willing to joyne with you for the sparing of blood, and preserving of His Majesties subjects, I have upon those grounds and none other, sent you these following Propositions:
1. That my selfe, all Noblemen, Commanders, Officers, Gentlemun, and Souldiers, of Horse and Foot, that have served either His Majesty or Parliament in England, or elsewhere, as likewise all persons whatsoever, men or women, now resident here in this City of Bristol, Castle, and Forts thereof, shall have free libertie to march away out of the said Citie, Castle, and Forts, with their Armes, flying Colours, Drummes beating, Trumpets sounding, Pistols cockt, Swords drawne, Matches lighted on both ends, Bullets in their mouthes, and as much Powder as they can carry about them, with all their Bagge, and Baggage, Horses, Armes and other Furniture, ten pieces of [Page 17]Cannon, fifty barrels of Powder, and Match and Bullet proportionable.
2. That neither my own Person, nor the person of any Nobleman, Commander, Officer, Gentleman, or Souldier, or any other of mine or their Retinues, be searched, molested, or troubled, upon what pretence soever, but left to their liberties, to depart or stay as it shall be most convenient for them.
3. That none of your Army whatsoever shall entice or perswade any Officer or Souldier of mine from their Regiments or Colours, with any promise of preferment or rewards.
4. That all such Officers and Souldiers that are hurt, and sicke, and cannot now march out of this City, Castle, and Forts, shall have liberty to stay untill they be recovered, and then have safe conduct to goe wheresoever they please, either to any of His Majesties Armies, or Garrisons, or their owne houses, where they may live quiet, in the interim they being sicke and hurt may be protected by you, and have civill usage.
That all prisoners taken on both sides since the beginning of this siege be forthwith set at liberty.
6. That my selfe, and those above-mentioned be not required to march further in a day, then what conveniently we may, and that a day or two of rest may be allowed upon our march if we shall finde it requisite; and that we be accommodated with free quarters during our march, and a sufficient convoy to any of the Kings Armies or Garrisons which I shall name, to secure us in our quarter, and upon our march, from injuries and incivilities that shall any way be offered unto us; and likewise that there be one hundred and fifty carriage-horses, and forty Waines with sufficient Teames provided for carriages of all sorts.
7. That no person here in these Articles mentioned shall be in their march, Rendezvouz, or Quarters stopt, searched, or plundered, upon any pretence whatsoever. That two Officers be [Page 18]appointed by you, the one for accommodation of free quarters for Officers, Souldiers, and others, and the other for providing of horses and carriages for our baggage and traine.
8. That all Noblemen, Gentlemen, Clergymen, Citizens, Resiants, and any other person within the City, Suburbs, or liberties of the City of Bristol, shall at any time when they please have free liberty to remove themselves, their goods, and families, and to dispose thereof at their pleasures, according to the knowne and enacted Lawes of the Land, either to live at their owne houses, or elsewhere, and to enjoy their houses, lands, goods, and estates, without any molestation, and to have protections for that purpose; and this Article to extend to all whose estates are sequestred, or not sequestred, and that they may rest quietly at their abodes, and travell freely, and safely upon their occasions, and for their better removeall they may have Letters of safe conduct with horses and carriages at reasonable rates upon demand.
9. That all persons above-mentioned may have liberty to goe beyond the seas at any time within three moneths, as their occasions shall require.
10. That the Lines, Forts, Castle, and all other Fortifications about or in the City, be forthwith sleighted, and the City stated in the same condition it was before the beginning of this unnaturall war, and that the Parliament during this war place no garrison in it.
11. That no Churches be defaced, that the severall members of the foundation of this Cathedrall shall quietly enjoy their houses, and Revenues belonging to their places, and that the Ministers like wise of this City may enjoy their Benefices without any trouble.
12. That no Oathes be imposed upon any person now in this City, Suburbs, and Liberties, other then such as are required by the ancient and enacted Lawes of this Land.
13. That the Major, Sherriffes, Aldermen and Cittizens, within this Corporation of the City of Bristoll, shall be free in their persons and Estates, and enjoy all their Priviledges, Liberties, and Immunities, in as full and ample maner as formerly at any time they did before the beginning of this Warre; And that they have freedome of trade both by land and Sea, paying such customes and duties as formerly they have done to His Majesty, and that no Mulct nor Fine be imposed upon any person mentioned in this Article, or questioned for any Act or thing done before the day of our marching forth, upon any pretence whatsoever, And that noe Freequarters be put upon them without their owne consents.
14. That all other persons whose dwellings are in this City, and now absent, may have the full benefit of these Articles as if they were present.
15. That all Noblemen, Gentlemen and others, who have Goods in this City, and now present or absent, may have liberty at any time within three Moneths to dispose of their Goods as they please.
16. That there be no Plundering, or taking away of any mans person or any part of his Estate under what pretence soever, and that Justice, according to the knowne and enacted Lawes of the land, be administred to all persons within this City, by the civill Magistrates.
17. And for the performance of all these Articles, J expect such Hostages to be given as J shall accept of, and hereunto J desire your speedy answer.
Sir by this you may evidently perceive my inclination to peace, and you may be assured that I shall desire nothing but what shall be with relation to his Majesties honour, and the saftie of the Kingdome, and what may become Sir
Vpon perusall of which Sir Thomas Fairfax returns this answer.
I Have perused your Propositions, wherin some things are doubtfully expressed, other things inconsistent to the duty I owe to them I serve, notwithstanding to the end I may give assurance, that I earnestly desire to save effusion of blood, and the ruine of a City, and people, that may be so serviceable to the Crowne and Kingdome; If your Highness please, that Commissioners may treat between us concerning the accommodating of things, I hope to make it evident to the world, that what shall respect the honour of a Souldier, due civilities to all men, the good and welfare of the people of that City, both in passing by what is past, and restoring them to the Priviledge of all other subjects, and to the immunities of their City, will readily be condescended unto by Me, as becomes a Gentleman and a Christian. And to the end no time may be lost, I have here inclosed sent you the names of three Commissioners, who upon the returne of Hostages of equall condition unto me, shall attend your Hignner sufficiently instructed to conclude on my part; Provided the said Treaty bee ended by nine of the clock this night, and to this I desire your Answer within the space of an houre, and remaine
The names of Commissioners, for whom if a Treaty be admitted, I desire a safe Convoy by this Bearer.
- Collonell Ireton, Commissary Generall of Horse.
- Collonel Fleetwood.
- Collonel Pickering.
His Highnesse reply'd in these words.
I Thought I had sufficiently explained my selfe in my Propositions, and that there was nothing doubtfull, or could be inconsistent with the duty you owe to them you serve, but since it seemes otherwise to you, I desire you would set downe your doubts and exceptions in writing, to which you shall have a speedy answer from,
Which occasioned this following Letter, and Propositions from Sir Thomas Fairfax.
I Perceive by your last, that you decline any Treaty by Commissioners, and for me to send you in writing my doubts, land exceptions to your Propositions, and expect your answers, were a way like to give occasion to many new Messages, and delayes, to avoyd which, and to bring these overtures to a speedy resolution, I have here sent you what I am willing to grant, beyond which, I may not goe, and what I demand, from which by Gods blessing I shall not recede; I have observed the order of your owne Propositions, and upon every one have granted what is honourable for your Highnesse, or the safety and welfare of the City to have, and fit for me, in honour and faithfulness to them I serve, to give, and this I have set downe, as neere at I could in your owne words, so farre as I found them cleare, though with some repetitions of the same things. By all this I hope I have sufficiently evidenced my tenderness of blood, and of this City, and have cleared my selfe before God, and the world, from what evill shall ensue upon your refusall; If [Page 22]you except the tearmes, having here sent two Copies sealed and signed by me, I shall expect that you returne one of them Signed and sealed by your selfe, also to bee brought back to me this day by six of the clock in the evening at furthest, otherwise I shall conclude your refusall, and account my selfe absolved, save from the desire of being, Sir,
Articles of agreement for the Surrender of the City of Bristoll, with the Castle and Forts thereof, betweene his Highness Prince Rupert, and his Excellencie Sir Tho, Fairfax, made Sept. 8. 1645.
THat his Highnesse Prince Rupert, and all Noblemen, Commanders, Officers, Gentlemen and Souldiers, and all other persons whatsoever now resident in the City of Bristoll, and the Castle and Ports thereof, shall have free liberty to march away out of the said City, Castle and Forts, with their Armes, flying Colours, Drums beating, Trumpets sounding, Pistols cockt, swords drawnt, Matches lighted, Bullet in their mouthes, every Foot souldier his Bandiliers full of Powder, with Match proportionable, and every Horseman his Flaske full of Powder, with all the Bag and baggage, Horses and furuiture, foure peeces of Ordnance, twenty barrels of Powder, match and bullet proportionable.
2. That none of the Persons aforementioned, or of their Retin, es shall be searched, molested or troubled upon what pretence soever.
3. That none of the Parliament Army whatsoever shall entice, or perswade any Officer or Souldier belonging to Prince Rupert, from their Regiments or Colours with any promise of preferment or reward.
4. That all such Officers and Souldiers that are hurt or sicke, and cannot now march out of the City, Castle, and Forts, shall have liberty to stay untill they be recovered, and then have safe conduct to goe wheresoever they please, either to any of his Majesties Armies, or [Page 23]Garrisons or their owne houses, where they may live quiet, and that in the interim they shall be protected by Sir Tho. Fairfax, and have civill usage.
5. That all Prisoners taken on both sides since the beginning of this Siege, be forthwith set at liberty.
6. That the Persons above mentioned, that are to march away shall have a sufficient Convoy to any of the Kings Armies or Garrisons which the Prince shall name, not exceeding fifty miles from Bristoll, to secure them in their march from all injuries and incivilities that shall or may be offered to them, for which march they shall have eight dayes allowed from their marching out of Bristoll, and free quarter by the way during the same space, and shall have carriage horses, and Waines with teames provided sufficient for Carriages of all sorts from quarter to quarter, they giving caution forthwith to returne the same immediately.
7. That none of the Persons above mentioned shall be in their said march, rendezvous or quarters, searched [...] plundered upon any pretence whatsoever; and that two Officers shall be appointed by Sir Thomas Fairfax, the one for accommodation of Quarters for them by the way the other for providing of horses and carriages for the baggage and traine.
8. That all the Citizens of Bristoll, resiant within the City, Suburbs, and Liberties thereof, and all Noblemen, Gentlemen, Clergymen, and others resiant within the same, that have not otherwise beene engaged in Armes, or hostility against the Parliament then in defence of the said City, Castle, or Forts, shall freely enjoy the liberty of their persons, and also of their houses, lands, goods, and estates at their owne disposall, according to the knowne and enacted Lawes of the Land (they continuing from henceforth either in the said City, or elsewhere under the obedience and protection of the Parliament) and this Article to extend to those of them whose estates are sequestred, as well as those that are not sequestred and that they may quietly rest at their abodes, or travell freely and safely upon their occasions, and for their removal of their goods, shall have such liberty, as is hereafter provided in the fifteene Article.
9. That all or any of the persons above-mentioned, who shall desire to goe beyond the Seas upon their private occasions, and shall give assurance [Page 24]from henceforth not to beare Armes or act any thing against the Parliament, or to the prejudice of their Affaires, shall have liberty to passe to any place beyond the Seas any time within three moneths.
10. That no Garrison save the Citizens themselves shall without their consent be put into the City, except in the Castle and Forts, and what force shall be placed, therein shall be maintained at the charge of the State.
11. That no Churches be defaced, that the severall Members of the foundation of the Cathedrall in Bristoll, shall quietly enjoy their houses belonging to their places, and for the Revenues of them, as also the Ministers of the City for their Benefices, they shall be in the same state and condition with other Clergie men of their quality continuing in the protection and obedience of the Parliament.
12. That no Oaths other then such as are required by the enacted lawes of the Land shall be imposed upon any person, that now is, and shall continue in the said City, Suburbs, and Liberties, either by the Generall, or any other by his authority.
13. That the Major, Sheriffs, Aldermen, and Citizens within the Corporation of the City of Bristoll shall be free in their persons and estates, and enjoy all their Priviledges, Liberties, and Immunities in as full and ample manner as formerly before the beginning of this Warre, and shall have freedome of trade by Land and Sea to all places, and with all persons not in hostility against the Parliament, paying such Duties and Customes to the Officers appointed by the Parliament, as formerly they have done to his Majestie, and that no Mulct or Fine be imposed on any person mentioned in this Article, nor any of them questioned upon pretence of any act or thing done or committed before the date hereof, the Kings Forces marching forth as aforesaid, and that no free quarters shall be put upon them without their own consents.
14. That all other persons whose dwellings are in this City, and now absent, shall have the full benefit of these Articles as if they were present, provided that such of them as are elsewhere in Armes against the Parliament, doe come in within one moneth after the date hereof.
15. That all Noblemen. Gentlemen, and others who have goods in the said City, and are now present or absent, shall have liberty at any time within one moneth to dispose of their said goods as they please, except it be Armes or Ammunition.
16. That there shall be no plundering admitted under what pretence soever, nor any taking away of any mans person, or any part of his estate contrary to these Articles, and that Justice according to the knowne Lawes of this Land be administred to all persons within this City by the civill Magistrates.
17. That in consideration hereof, the City of Bristoll, with the Castle, and all the Forts and Fortifications thereof, without any sleighting or defacing thereof, and all the Ordnance, Armes, Ammunition, and other furniture and provisions of warre therein, without diminution or imbezlement (excepting what is allowed to be carryed as before) shall be delivered up to Sir Tho. Fairfax on Tuesday morning next by nine of the clocke, at which time the Prince with all the persons mentioned in the first Article that march out, then naming what Army or Garrison of the Kings he will march unto.
18. That none of them in their marching out, or before, shall plunder, hurt, or spoile the towne, or any person in it, nor carry out any thing but what is properly their own (except before excepted.)
19. That the Convoy, and two Officers to be sent with the Prince (as before) in the sixt and seventh Articles, shall not have any violence offered or done to them by any of the Kings forces during the said eight dayes allowed for the Prince his March, and seven dayes more for their returne to the Army.
20. That sufficient Hostages shall be delivered immediately upon Signing hereof for performance of those Articles on both parts,
Wherein his Highnesse finding sundry omissions of severall clauses, and some Propositions totally left out, returned him this Letter with the Postscript.
ALthough I conceive my former propositions so well grounded upon honour and justice, as that I cannot well recede from them, yet for preventing of effusion of [Page 26]blood, and for the welfare of this place with which I am intrusted, I am willing so far to assent unto you as to leave the Castle undemolished, but for the other forts and lines, to have them absolutely slighted, and for all the other arricles to stand firme as I proposed them, to which if you will assent, I will then send Commissioners unto you to regulate, and settle all things betweene us, which will occasion me to rest.
SIR, I have returned you your propositions again, finding many alterations and omissions in them, very prejudiciall to those whom I am obliged in honour, and am resolved to protect.
But Sir Thomas Fairfax being constant to his owne Propositions gave this answer.
I Have offered what is faire for your honour, and the townesmens immunity, and for what I demanded, I can accept no lesse, except I should grant all for nothing, and though for that point of the Townesmen security, I shalbe most willing to supply any thing that might be thought wanting in my offers, yet to admit a new consideration upon your propositions, would tend to and (I doubt) end in nothing else but further delay, for by all your letters, and the whole carriage in this businenesse, I find the advantage of time wholly, or chiefly intended. As you have thus far had your end therein, I have not lost mine, that is, to make my proceedings more cleare, and innocent before God and the world, and having done this, I can with a cleare confidence trust God for a better issue in an other way; you have my resolution, which if you accept not, I desire nothing [Page 27]further but the returne of my trumpet by noone, and that he may not be detayned as formerly. I remaine Sir.
Hereupon his Highnes and the Commanders, resolving not to breake off nor conclude the Treaty untill that they might heare from the King, unlesse forced thereunto, returned this Answer.
His Highnesse his Answer.
HOw faire your offers are to my honour, I hope you will give me the liberty to judge, finding you wanting in your care of the Noblemen, Commanders, and Souldiers that are under my protection, of whom I am bound to have an equall care with my selfe, and am sorry to find so ill a construction made of my faire proceedings and intentions in this my intercourse of Letters; since you interpret that a delay, which on my part was but a compliance to what you propounded, tending to the prevention of effusion of blood, and to the good of the Kingdome, to which the sleighting of the Castle, Forts and workes was the most conduceable meanes, since that can only settle this City in the condition of its former peace, and might have bin a leading president to the happinesse of the whole Kingdome. Thus you may see the reallity of my ends, which since you tooke the liberty to question, give me leave to tell you, that yours have not beene such to me as you have profest before God and the world, by what I have seene under your hand and seale proposed to others, neverthelesse I shall never decline to embrace any overture that tends to the generall peace of this Nation, and in particular of this City, and those under my protection and command, which is the only indeavour and study of Sir.
UPon the tenth of September the enemy stormed the line generally, about two in the morning, and his Highnes having received intelligence a little before of it, all were in a readinesse to receive them, they entred the line where the Townesmen and new-VVelch were, as at Stokes-croft gate, where the Officer in cheife who was Major of the Towne was slaine in the place, and at Laffords gate, where many of the Officers and Souldiers were taken and killed, and the same time they stormed Pryor Hill Fort, and tooke it, which was the losse of the whole line, they being beaten of in the other parts of the Town, then the day breaking we found them in full possession of the line and fort, which caused our horse and foote to retreate to the great sort, who were presently commanded into the City to make that good, leaving the other workes sufficiently manned, as Golsons fort, Brandon hil, and the new Redoute with out the line; finding our selves in this condition, and considering the engagement of those within the City and Castle, and that the Lord Hawley, Sir Matthew Appleyard, and Collonel Slingesby with their men were in danger to be cut off, the enemy being betweene us and them, his highnes was moved by the Officers to entertaine a treaty in time, before those were lost, his Highnes condescending thereunto, sent a trumpet to Sir Thomas Fairfax to know whether he would treat or not, who accepting it, Commissioners were nominated on our part, Sir William Vavasour, Sir John Mennes & Collonel Henry Tillier, the first thing proposed was a cessation of armes, and in the meane time every one to keepe his post. They first proposed his Highnes former propositions, but our condition being then altred, and they sensible of their owne successe, would not admit them, but would treat upon new propositions, which after long debate were as followeth.
Articles of agreement between the Commissioners appointed on the behalfe of his Highnes Prince Rupert, and his Excellency Sir Thomas is Fairfax, for the surrender of the City of Bristoll. Sept. 10. 1645.
1. THat his Highnes Prince Rupert, and all Noblemen, Commanders, Officers, Gentlemen, and Souldiers, and all other persons whatsoever now residing in the City of Bristoll and the Castle and Forts thereof, shall march out of the said City, Castle and Forts thereof, with Colours, Pikes, and Drums, Bag and Baggage; The Prince his Highnes, all Noblemen, Gentlemen, and Officers in Commission, with their Horses and Armes, and their servants with their Horses and Swords, and Common Souldiers, with their Swords, the Prince his lifeguard of Horse, with their Horses and Armes, and two hundred and fifty Horse besides to be disposed of by the Prince, And his lifeguard of firelocks with their Arms, and each one 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 shalle plundered, searched, or molested.
2. That such Officers and Souldiers as shalbe sicke or wounded in the City, Castle, and Forts, shall have liberty to stay untill their recovery, and then have safe conduct to goe to his Majesty, and in the interim be protected.
3. That the persons above mentioned who are to march away shall have a sufficient convoy provided for them, for their security to any such Garrison of the Kings, as the Prince shall name, not exceeding fifty miles from Bristoli, and shall have eight dayes allowed for their march thither, and shall have free quarter by the way, and shall have two Officers appointed to attend them for their accommodation, and twenty waggons for their baggage if they have occasion to use the same.
4. That all the Citizens of Bristoll, and all Noblemen, Gentlemen, Clergymen, and all other persons residing in the [Page 30]said City and suburbs of the same, shalbe saved from all plunder and violence, and be secured in their persons and estates, from the violence of the Souldier, and shall enjoy those rights and liberties which other subjects enjoy under the protection and obedience of the Parliament.
5. That in consideration hereof, the City of Bristoll with the Castle and all the 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) shalbe delivered up to Sir Thomas Fairfax on thursday the eleventh of this month, by three of the clocke in the afternoone, without any diminution or imbezlement, his Highnes Prince Rupert then naming to what Army or Garrison of the Kings he will march too.
6. That none of the persons who are to march out on this agreement, shall plunder, hurt, or spoyle the towne, or any person in it, or carry out any thing but what is properly their owne.
7. That upon signing these articles Collonel 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.
8. That sufficient hostages, such as he shall approve, be given to Sir Thomas Fairfax this night, who are to remaine with him untill the City be delivered unto him.
9. That neither the Convoy, nor Officers sent with the Prince, shall recieve any injury in their going or comming bache, and shall have seaven dayes allowed for their returne.
10. That upon delivery of the town sufficient hostages be given for performance of the articles on both parts.
- Rupert,
- William Vavafour,
- John Mennes,
- Henry Tillier.
- E. Mountague,
- Tho: Rainsborow,
- I. Pickering.
But in that particular point of laying downe our fire armes, there could be no conclusion made without his Highnes pleasure first knowne, who thereupon called all the Commanders to deliver their opinions therein, and upon full debate they concluded, as by their subscriptions appeares, that if better conditions could not be obtained, then to accept of those
It is our generall opinion that if better conditions cannot be granted, we assent to the leaving of the fire armes, of the private Souldiers.
- Rupert,
- Horatio Carey,
- Io. Steward,
- Ed. Manwaring,
- Tho. Leigh
- Will. Powell,
- Iohn Russell
- William Munday,
- Tho. Daniell,
- Mor Touchet,
- B. De Gomme,
- Ed. Hutchinson,
- Theo. Kirton.
- Wil. Preity,
- Tho. Coningsby,
- Fra. Radcliffe,
- H. Ventris,
- W. Symonds.
- Rich. Price.
And thereupon there was a full conclusion of the Treaty. The next day upon some insolencies of the Souldiers, his Highnes sent to Sir Thomas Fairfax, that the Articles were violated, and that if there was not a present redresse, he would stand upon his owne defence, and rather dye then suffer those injuries, and thereupon for his Highnes satisfaction we had liberty to march with our armes unto our quarters.
For some dayes before the approach of the Enemy, and during the whole siege, his Highnes received not any letter from his Majesty, nor from the Prince of, Wales, nor from any generall, or minister of state, untill his comming to Cyrencister, only the Governour of Hereford signified the rising of the Scots, and their marching towards Gloucester, and a desire to have some ammunition from him. Notwithstanding his Highnes made severall dispatches by all the convenient meanes he could.
The Well in the great fort was not halfe finished, the water scant, and troubled, and farr insufficient for the use of the numbers that were there.
It may be objected that notwithstanding the enemies power and force, and their entring the line, yet the Castle and great Fort might have held out so long that probably reliefe might have come, and that therefore there was not any pressing necessity to precipitate the rendition of those places.
To which this is replyed, that any timely reliefe was utterly improbable, considering that during the whole siege, his Highnes neer received any intelligence from his Majesty, nor from the VVest, and though his Highnes well knew in what condition his Majesties Army was, yet if his Majesty could have drawne together all the power he expected, the enemy could have blockt up the Castle, and Fort, and have advanced twelve thousand men to have fought a battell, or else have secured themselves within the line against all opposition, besides they were so absolutely masters of all the passes, & had so barracado'd up the wayes, that a small force might have hindred a great Army. And at that time Generall Poyntz so closely observed his Majesties motions that releife was as improbable to be expected as easy to be desired. And his Highnes could not promise himselfe any more likelyhood of succours from the VVest, Bridgewater, Sherborne, and other interjacent Garrisons, being already reduced by the Enemy, and Collonel Massey lying with a considerable body of Horse and Foote in places of advantage ready to intercept and stop the Lord Goring. Moreover had there been any probability of reliefe in any reasonable time, yet the line being forc't Pryor hill Fort an important place lost, the Officer to whose trust it was committed, diserting it (who never since that time appeared) the City had thereby beene exposed to the [...]e and fury of the enemy, so many gallant men who had so long and faithfully served his Majesty, [...] his Highnes conceived himselfe in honour, [Page 33]obliged to preserve as dearely as his owne) had beene left to the slaughter and rage of a prevailing enemy.
Neverthelesse, although these reasons were of that validity, that his Highnes could but despaire of reliefe, yet another important consideration was in it selfe singly sufficient to exclude all credence of possibility, which was that the Scots, upon removall from Hereford, march't to Gloucester, where their whole body was the eighth of September, an intermediate place, neare which his Majesty must have march't, and can any rationall man imagine them so stupidly unactive, as to suffer his Majesty to passe so neare them without opposition, considering what effective Forces they had, and their Commanders neither ignorant or idle to entertaine oppertunities for action.
WHereas our right deare & entirely beloved Nephew, P. Rupert did at a councel of war, held by us at Newark the 18. of this instāt Octob. there being then present Our right trusty and welbeloved Cosin, and Counceller Mountague E. of Lindsey, Lord great Chamberlain of England, Our right trusty, and right welbeloved Cosin, Richard Earle of Cork, Our right trusty & welbeloved Jacob Lord Astley field Marshall Generall of Our Army; John Lord Bellasis, Captaine Generall of Our Horse guards; and Charles Lord Gerrard, Lievtenant-Generall of all Our Horse forces; Our trusty and welbeloved Sir Richard Willis, Knight and Baronet, Governour of Newarke, and John Ashburnham Esquire, Our Treasurer at VVar, desire to cleare himselfe for the rendring of the City and Garrison of Bristoll with the Castle and Forts thereof, and thereupon produced a Narrative of the matter of fact during the said siege, with the Articles for the rendring of those places, which being accordingly read and considered; VVe were then pleased to say, that VVe [Page 34]did not believe Our said Nephew to be guilty of any the least want of courage or sidelity to Us in the doing thereof, but withall We believed that he might have kept the Castle and Fort a longer time. We having absolutely resolved speedily to have drawn together all the Forces we possibly could, and to have hazarded our own Person for his reliefe; Our designe being so laid as that in probability it would have succeeded, to which our said right dear Nephew answered, that what ever he did therin, was by the advice of the Councel of war of that Garrison, & that he could not in his judgement possibly expect such reliefe, besides he alleaged that he had not received from Us any intimation thereof, but said, that if he had, hee would have maintained those places to the last man, though the tender regard he had to the preservation of so many Officers and Souldiers, was the chiefe reason that induced him to capitulate for the whole, they having so long and faithfully served Us, all which Our said right Deare Nephew humbly submitted to Our judgement. Who upon which at a second hearing before Our Selfe this 21 day of October, the Lords and others above named being then likewise present, and upon a serious consideration of the whole matter, We were then pleased to declare that we were fully satisfied that our said Right deare Nephew Prince Rupert, is not guilty of any the least want of courage or fidelity to Us, or our service in that action, and We then gave leave to the Lords and others above specified, to declare their opinions in that point. Who upon Our leave, and a full consideration of the narrative formerly delivered, did unanimously concurre with Us, Declaring likewise that our said Right Dear Nephew is not guilty of any the least want of courage or fidelity to Us or Our Service in that action.
Given under Our signe Manuall at Our Court at Newark this 21 of October, 1645.