A MODEST CHECK To part of a Scandalous LIBEL Entitled the Case of Col. Kyrle, Capt. Pury junior, and Captain Phillips concerning WOOD etc. Wherein the false and unworthy Aspersions cast upon the Gentlemen of BRISTOL, and some others, late Commissioners, for the enquiring into, and preventing the Wastes of the Forest of Deane are wiped off, their Integrity vindicated, and other things occasionally touched at.  By Captain George Bishope, a Citizen of Bristol, and a Joint Commissioner. 
HAD not the high provocation of a scurrilous Libel, Entitled, The Case of Colonel Kyrle, etc. Exceedingly pressed 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 Bulwark of the Nation) but with a hardened brow dare to justify their unparallelled 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 faithful a return of those spoils lately committed, and other Arbitrary, and insolent actions: whose uprightness, industry, and timeous calling upon the Parliament to stop the procreds of such growing mischiefs (which to their praise they have hearty considered) not only this, but after-ages, will have cause, in a due sense of goatitude, to acknowledge.  
And indeed I was once to resolved not to honour such a pack of untruths and scandals with any correction, the Parliament by their seasonable Votes (notwithstanding their Clamours & aspersions) having justified our proceed: But finding a strenuous Endeavour in the Libeler, to insinuate into the world a belief of their Innocency and merits, though with the blemishing of the Parliaments justice, and the wounding of the reputation of the Commissioners, and the City of Bristol; I could no longer permit such a daring Adversary to bid defiance to so much truth and justice, without an encounter.  
And ●ere I intent not to refute the several branches of the case exactly, that being an after-intended work, fit for a Volume then a sheet, & which happily will be in positive proofs, not in It may bees, and conjectural conceits. Yet before I leave this, because the substance of the case is the pretention 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 Reader please to cnosider with me these particulars, a little to unveil that mystery, and so proceed.  
2. For the pretention of Authority, consider.  
1. That many of the Country-Committee are the Creatures of some that bear the names mentioned. who when they confessed that some things depending before the Committee were just, yet dare not to own them, where those Gentlemen resolve the contrary, lest he that put in their names should return them into their pristine condition (as some of them have ingeniously acknowledged) and it is not unknown, that when any Spirit of Justice hath appeared, that will nor bow to the Arbitrary and unlimited will of some men present, the Committee (for that time) hath suffered a dissolution, and at a ba●k door, those have returned again, and sat, which would serve that end, whereby they are able to colour their unjust actions, with the very orders and forms of Authority.  
2. The Justices of the Country must be of the same Complexion, who when they have according to their Oaths, done just actions, are threatened out of them with a remove to the Committee of indemnity; 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 Forest of Deane are such, as they themselves have made; those formerly in office, that would not be conjured into Connivances, and breaches of Trust, suffered a dismiss, and forbidden to walk the Forest, 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 Forest, and upon pretences of Sale of underwood, dead, and dry wood, etc. and least the Country should make spoil, gain Contracts from the Committee of the Revenue (for which one of them is a Receiver.) Any ingenious and impartial man will easily see, into what a fair way these Gentlemen have got, to commit what destructions they please, and that under the shadow of Authority.  
And yet those very contracts, to whose coverts they fly, allow no cutting down of Timber-trees, no commanding the Coards of wood to be made above the standard of the Forest, no taking away of Coards without delivery, No putting timber, and the best wood amongst Root would to pass at 12. d. the Cord; No disobedience and contempt of orders of Parliament, Council of State, Lord General, Committees, Commissioners authorized by Parliament, no enconraging the Cutters to do contrary to order, though it cost a thousand pounds, no forcible taking away of other men's proprieties, all which crimes, with many more are deposed in the return of our Commission; upon those Gentlemen, whom the Libeler would vindicate; Let me give you one or two Instances of the truth, of what the Libeler asserts, by which his Credit in the rest, with the Innocence of the Gentlemen may be judged.  
The Libeler page 3. saith, that Mr. Purie charged the workmen not to cut down any trees, but such as are appointed by the Preservators, and that when the three hundred trees were cut down 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 four hundred Oaks were cut down by his ●ulters, and others in the space of four or five days in Easter-weake last, and forty shortly after that, and that when the Preservators refused the delivery of the proceeds of those trees, because contrary to Order of Parliament; Captain 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 own workmen told him of the Order of Parliament, not to cut any, he notwithstanding commanded him to cut, coal, etc. and that from that time, ten horses a day carry coal to his works. The like the Cutters depose of his commanding them to make the Coards above the assize, it being almost 4000 l. loss 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 Root wood, and Stub wood, which was much of them the best sort of wood; and five thousand Cord taken by him, and the other Iron Master's contrary to Order, and the coaling of near four 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 enforced to deliver Coards above assize, and contrary to order, lest otherwise those take them, and give no account thereof to the State. I could also give pregnant Instances, how Captain Philip's, encouraged the Cutters to cut contrary to the Order of Parliament, though it cost a thousand pound, and when forbidden by Order, said, he would cut, though one who is a Member of the Council of State were on the tree, with many other gross 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 Libelers 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 pass by the merits of those Gentlemen, who being so much in their own commendation, seem to dwell fare from good Neighbours, whose Eagle-eyes have not yet perceived their brave achievements, nor could I ever hear (till now) of their performances, unless of betraying Trusts, and revolting from the Parliament to the King, and writing scandalous books against them.  
Nor shall I speak of their righteousness, which the return of our Commission will more fully declare, even in the running of that Gallant Forest, and the sad cries of the Country, by reason of Tyrannical 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 Public treasury, contemning and disobeying Orders of Parliament, calling them hedge orders, and the Commission under the new Great Seal, a hedge Commission, bragging that they could make men swear and unswear 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 fear ere long will show to the world: but because this is somewhat large; and intended to be produced after another manner suddenly. I forbear at the present to nominate them.  
The Libeler, having thus far proceeded in the State of the case, goes on next to the condition of the Commissioners, whom he styles Prosecutors, and with unparaleld defamations endeavours to ravish the chaste Judgements of upright Patriots into a belief of their own Innocency, and to lessen the reputation of the Commissioners and their service to the Commonwealth.  
But why Prosecutors? do they any more than their duty etc. than what it behoves them as to the return of their Commission, in giving account of it to them whom it concerns, is the return of a Commission a Prosecution? I thought the Libeler 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 aught to prosecute, and to bring the Authors of such mischiefs to Exemplary punishment: If so be, the destruction of above fifty thousand Trees of Oak and Beech: the best part of which were Timber, some of them an Elle and a half square, and some worth 2● l. a Tree, in the space of seven years in one Forest, 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 groan under their oppressions, but dare not seek for relief, either at Law, or by Petition, with divers things of this nature, and the preservation of Timber (which by Sequestrations, Bishops, Deane, and Chapter, Crown Lands, and Iron works, is threatened suddenly to ●e destroyed) but no matter of prosecution what is?  
Besides, why are we Prosecutors, more than the Parliament, who set in on work? Methinks the Libeler 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 Injustice Page 6. (for whom else can it mean) 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 proceed upon them but general 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 Libeler) 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 Goals and Prisons, and a compositum of Debauchery, Irreligion, Drunkenness, and other wickednesses, when as the Country so well knows their birth, breeding, manner of life, honesty, faithfulness and activity, for the Parliaments service, that the very children are able to give the lie to these scandals, and indeed deserves no Answer, for if, Parliamentary Authority, is not freed from their darts, and Gentlemen of Honour and Gallantry called fools and asses, we must not look for any better: A bad Tree cannot bring forth good fruit: Surely the Libeler is conscious of so many miscarriages, that he thinks all are of his complexion, or at least like those whom he endeavours to vindicate. But suppose those, whom he calls Prosecutors were guilty of all those offences, will that justify 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 what 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 evil one, from him that saith he is good doth punishment. Certainly the Commissioners had not fallen under the Libelers lash, had not they detested to serve his lusts and humours.  — He saith, (as may be conceived, procured themselves in the Commission. 
Well shot at an adventure, It may be—. See the ground of These bold calumnies, it rests upon a tottering probability, will the Libeler think it honest dealing to be set out to the world under the deepest Tincture of offences with It may Be?  
But why, procure themselves in the Commission? will any rational man think, that the Gentlemen are so indiscreet, as to leave the prosecution of their Merchandise, and other necessary employments, to make many journeys into the Country with their servants, there to stay several days at a time, have 200. people attending their business, and dieted at their own charge, take the depositions of many hundred persons, which five and twenty skins of Parchment will hardly contain, attend a hundred mile's distance at London from day to day, for five weeks together, being at near 200. l. charge, and proceed upon all this, without so much as any promise for the reinbursing them again, what they have laid out (though they conceive so Honourably of the Parliament, as that they will make them satisfaction) I say, will any rational man conceive them in their wits, to procure themselves into so much charge and trouble to attend it, had not the drepe sense of the concernment of the business, and their more than ordinary zeal to promote such a public service set them on work?  
How many such services hath the Libeler and his vindicates undergone? should they not rather have given them thanks, than 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 public ruins of that gallant Forest, and therefore they are displeased that the course of their gain on the State's loss, is stopped, and do think that others are like themselves. Nay, had we procured ourselves to be in the Commission, it had been the more commendable, though for my own part, I seriously profess, 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 Libeler now goes on to particulars, where his pen rails 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 General shall say and affirm, That in all the presecution of this business, I found as much reality, uprightness, and love to public Justice, and as much freedom from Debauchery, Drunkenness, Peevishness, Irreligion, scandalousness, Disaffection to Government, Treason, destruction of woods, unworthiness, as any I have of late met withal, Gentlemen of estates, and reputation in the Country, 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 venom of their aspersions in these gentlemen's reputation so much constrains me.  
I could wish, and it would be well; if those named in the front of the Libel 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 think themselves unseen in this business, cannot throw the stone against Drunkenness (I writ not to excuse it in any.) and I could wish they had as much conscience to God and man, as they have to their own Interest; for which it may be feared they make Religion a cloak, which God will in time discover, for there is nothing hid that shall not be revealed and I wish them as honest to the public Interest, as those Gentlemen they so much scandalise. 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 devour the lesser, and it may be like Christians, and tender hearted men have stepped in to save some poor Families, from their unsatiable hatred and Avarice, and because of this, have been supposed troublers of Committees; when (as I said before) they only endure such to sit, as will serve their ends, and privately juncto them together, when the other think, they are departed, and in this close chamber, Mr. ●romwich is not desired.  
As for their Loyalty to the State, let the world judge, which are more lovers of the Commonwealth, either they that out of their great sense of the destruction of Timber, and therein of the strength of the Nation, and of private men's Tyrannizing over the estates, and the proprieties of their Brethren, which is in order to the ruin of the Nation; own a Commission, under the new great Seal of England, wherein they undergo abundance of charge and trouble, and the neglect of all that is dear to them, to redress those evils; Or, those who have made those destructions, disobedyed the Orders of the State, made to prevent those destructions, commanding men to break them; called them hedge orders, and the Commission under the new great Seal a hedge Commission, openly contemning it, Revolters, writers of scurrilous books against the Parliament; that have boasted that they have cut down four hundred trees contrary to an Order of Parliament; and notoriously abuse and scandalise those that through abundance of Toil have brought those spoils to light, and earnestly solicited for the future redress of them, which if not remedied, (it being now blessed be God in a good progress) had exposed us to the cruelty and scorn 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 bear it; and 'tis very likely that Master Pury Junior knows, 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 concerns to assert their own Innocence.  
The next in order are the Citizens of Bristol, whom he honour● not so much as with a name, but tells you— that some of the Aldermen there did join before, or at the beginning of this Parliament, joined in a bargain for the destruction of the wood; some Aldermen of Bristol,— what is that to the Gentlemen scandalised? because Combs is a robber, therefore Mr. Pury is, will he take this for good Logic?  
And before, or at the beginning of this Parliament, what is that to 1649. It's possible that some of those named gentlemen's blood ran in their veins, or else were men spighted by them; because they could have no Interest in the advantage, which since they have prosecuted with vigour proportionable to the edge of their affections so long whetted, and to the opportunity, that none might glean after them; But can he name any more than Alderman Taylor, and Alderman Gunning? were not Sir Baynnem Throgmorton, and Sir Sacvile Crow, the chief designers? yet I will not become their Advocate, the Judgement of one of them is ere this passed in another world, I wish the Judgement of these may be only 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 complain; Are you offended because we are so fare from following the steps of our Predecessors, that we complains of those that do alike transgress? yet if the Libeler would but a little inform himself, he would find that a worthy Gentleman. Alderman Barkar deceased (whose memory is precious) did so fare contend about it, that it was the breaking of his heart, that he could not remedy it.  
But the Libeler tells us that some of the Citizens of Bristol 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, etc.  
The greatest Ironmongers in the west of England, surely the Libeler was never choked with a small bone: is he such a stranger to the Forest Ironmasters? and for the Iron that is in Bristol, is it not from the Forest? 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 Bristol Ironmasters, and Ironmongers? If not what design can they have in the business?  
But saith he, they are adventures to Swetheland, etc.  
'tis tr●●, they named Swethland and Spain in their Petition as an expedient to serve the Nation, in case of demolishing the Ironworks here, that are so destructive, but for adventures they are very little, if any at all: But why may they not, as for Wine, etc. since that this is of public advantage, and running the hazard of the Sea, why should they not have a recompense?  
'tis (saith the Libeler) to raise the price of their own Iron, which this last year is fallen from 19 l. a tun, to 15.  
Did they do 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 than others, and how they could afford it, one said, he had wood for nothing,; the other for a groat a Cord Col. Kerls, and Captain Brain can tell you, who it means: and herein be thine own Judge Libeler, whether 'tis not thine envying at another man's prosperity, not the public advantage of the Nation; that thou art so much troubled.  
And do thou be judge O Reader, how much the Libeler 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 Foreign or Domestic whatsoever, we also add our desire that he that hath any self ends in this business, may hve the vizard of his Hypocrisy plucked off, himself placed upon Paul's steeple for a wonder to the world.  
All which appears (saith he) by the mannagement of their commission, for it is well known, that in the Woodwardship of Avan Hall there were 10000 Trees cut down, and at least 10000 more in other places etc. It seems the Libeler is a good Accountant, and hath taken some pains in the Survey of the Forest, 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 forborn his censure, till he had seen our return, and then he would have found, that the forbidden Oaks of an Ell and half square, some of them worth 20 l. a Tree, son, and not so much as shrouded, 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 thank Capt. Purie with the others in the Vindicative, who with their abusing of the Authority of Parliament, and other Tyrannical actions; made the Country in a great measure to desert us, he might also have told us of 4000 Trees cut down in a year in Ruardeane by Captain 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 Libeler) in their Petition of the spoils by ●he Inhabitants etc.  
What he means by the Inhabitants, I cannot well tell, doubtless the Cabo●ners who serve their furnaces, were the chief, for others, the Officerkeept them bare enough, even of the very Privileges due to them of Plough-boot, House boot, etc. yet have we in our return set down as many, as we could possible hear of, without respect of persons, though they neither mentioned the one, nor other in their Petition: It seems it grieves them that any water runs besides their Mill. Nay so Exact were we, that what ever we could hear of against any of Bristol, or against Col Berrow a Commissioner, we have returned, though we found that what Colonel Berrow was charged with, was either his by the grant of Ed. 1. as Woodward, or what the very Officers that presented him, have cleared; which will appear when it comes to trial.  
But they petition that the Iron works may be presently razed, though set up by Authority of Parliament to enrich themselves etc.  
And well may they, and such Persons also as notorious Malefactors that make no conscience to ruin the Nation for their advantage, and that become advocates for such Offenders; whom I cannot conceive but to be worse Members of the Commonwealth, than the Papists and Malignants, they challenge some to protect.  
'tis true, the Parliament might permit then setting them up for Good ends, and they can, upon better Accounts, pluck them down without your leave Sir, when they appear (as by the vindicates management) so destructive; and you too also, who ever you are, if you be discovered and found to be a burden, an Achan to the Commonwealth, of which I wish you to beware, and look to, for the hour of Temptation, The day of the Lord is at hand, he is as a refiners fire and will throughly purge his floor, and take heed lest you say, that day is terrible, and who can endure it? And all to enrich themselves etc.  
This is never out of the Libelers mouth, every, every, there's the Plague, should not now write; but that the venom of their aspersions in these gentlemen's reputation so much constrains me.  
To conclude, Reader, I am assured that no selfish end drew these Gentlemen of Bristol to this difficult undertaking, nor the Magistrates or Merchants of Bristol in their Petition, but a deep sense of a growing mischief, to which they were nearly seated, and as nearly concerned, for which they receive this recompense 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 sugared Expressions, nor entertain the Civil 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 Forest was destroyed, & not be remained worth our labour, and what was lef● the Parliament was resolved to sell, for the Soldier's Arrears, to neglect their duty, therefore they have discharged their malice against them in black Calumnies, and intolerable 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 business 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 precedents remaining unpunished, both ourselves 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 effectual preservation of Timber through our all England, (in which they hav● made a happy progress) and which we desire God to bless them in, and in all other good things for the prosperity of this Commonwealth.  
FINIS.