THE INHUMANITY OF THE King's Prison-Keeper At OXFORD. Or a true Relation of the most transcendent cruelties, cheat, cozening, and base dishonest deal of William Smith Provest Marshal General of the King's Army, against the Parliament Prisoners under his custody. As it was delivered at the Bar in the House of Commons, by one, who with many others, were sworn before the Lords assembled in Parliament, and were prisoners in Oxford six Months, being further confirmed by Captain Wingate in the Commons House, he being Member of the said House, and some time prisoner in Oxford, the space of 9 Months. TOGETHER. With the Copy of a Letter from a Gentleman of quality confirming the former particulars. Also the Copy of a Petition and Articles exhibited to the King, His Council of War against Smith. Likewise a Letter to the Speaker, subscribed with 70. Prisoner's hands. Whereunto is added the unsufferable cruelties, exercised upon the Cirencester men, in their passage to Oxford, and at Oxford, in the Castle and Bridewell, when they were taken. Written by Edm. Chillenden. who was a Prisoner there 6. Months. Printed according to Order. LONDON, Printed by G. D. for John Bull, 1643. A True RELATION OF The trancendent Cruelties, and base inhuman practices of Captain William Smith, Pro. Martial, General of the King's Army, extended & exercised on the Parliament Prisoners in the Castle at OXFORD. Upon the fifth of Decemb. 1642. I was travelling upon the Road about my lawful occasions, and in my journey towards Newbury, between Henly and Reading: I met with one, whose name was (as after I was informed) ●hithe●●, and falling into discourse, asked him the best and readiest way towards Ne●bury, which he certified me was through Reading. But I answered him I was loath to go that way because of the Garrison, and for fear of giving offence, he replied to me, that if I pleased to to go that way, he would do me so much favour as to have me through Reading without any let or stay, I giving credit to him, went with him into Reading, and set up my horse at the Bear, where we supped together and there did Inn all night on the morrow early in the morning (the aforesaid) Whithead, came to my chamber and certified me, I must go before the Governor which was Sir Arthur Ashton (a rank Papist as I am informed,) being come thither, there was also Colonel Feelding, which knew me to be a Londoner, and takes me by the hand and swears he was very glad he had met with me, and so certified the Governor that I was as arrant a Round headed. Rogue and Traitor as any was in England and one that hath 700. men to command at any time to aid the Parliament. With that ●he Governor without any further examination, swore at m● bitterly and calls me dam'd Rogue & Traitor and with that struck me with his Cane on the head, This carriage of Ashton & Fielding is not to be pa a●●eld in Tur y many pa ● o● the World. and brook it very sorely and swore like a mad man that he would presently hang me; and with a guard of Musquetiers did send me to the Gallows, where I stood some quarter of an hour, expecting death: but such was God's goodness toward me, that I was conveyed from thence to Prison, whither came the aforesaid Whethead, and in the name of the Governor took away my Monies: On the next Lord's day I was conveyed to Wallingford, and the Wednesday following to Abington. I being brought before the Governor, A very moderate ●ivill Gentleman. Lieutenant Colonel Shirley, there being divers Cavaliers in his company, and one whose name was Smith, that had the watch that day, he would needs have me to say the Lords Prayer over to him, which I refused: Yet to give him satisfaction I told him, if he pleased to lend me a Bible, I would read the Chapter over where that was, but that would not content him, he swore he would lay me neck and heels in Irons, which to prevent, I addressed to the Governor, and said, Sir, I conceive I am your Prisoner, and this Gentleman ha●h nothing to do with me, and if it be your pleasure to put me in Irons I am content. This is not Smith the Marshal, but a Captain of a foot Company. With that the Governor said, you came without Irons to me, and without you all go away: but Smith swore I should not; they swore so long, that they fell to blows and by this difference by God's providence I received mercy from the Governor. So the next day being Thursday I was conveyed to Oxford Castle. Who afforded me a good supper and bed at the Provose Marshals quarter that night. But to leave my particular sufferings, and come to give you a relation of others, I shall begin with a relation of the usuage of the Prisoners taken at Malborough, (in the County of Wilts) by the Cavaliers in their passage to Oxford. After they had surprised the Town, and had taken 180. odd Prisoners they drove many of them through the waters and the first night thrust them all up into a nasty stinking stable amongst Horses; where was one horse dead, there they continued till the next morning, and had no food allowed them, and so drove them like Rogues and thiefs, tied together by the arms in the horse way up to the knees in mire and dirt, and allowed no food to them, nor suffered no friend to come at them; for a man coming to see some of them, was carried away to Oxon to Prison with them, and in four day's time, as they were driven from Malbrough to Oxford, were allowed no food but only at Lamburne, a Gentleman did provide some for them: but they would scarce give time to receive it, and that was all the sustenance they had in all their passage, not so much as water, for some of them being dry, would feign have drank of the water in the high way, but they would not suffer them, nay, they struck many of them over the heads with their Canes for stooping to take a piece of Ice to hold in their mouths to quench their violent thirst. On Friday they came to Oxford; and as they passed through the streets towards the Castle, there was much rejoicing by the Inhabitants, Scholars, and Soldiers, calling them Round-headed Rogues and Traitors, and striking some of them. One passage is worthy observation, that the Lord George Digby and Commissary Wilmot took Master john Franklin, By this you may see how the Lord Digbie, and she now Lord Wilmot loves the House of Commons, Member of the House of Commons, and led him away from all the rest of the Prisoners, to a Tree, and there swore deeply they would hang him like a damned Rogue and Traitor, if he would not confess where his Money was. And this is a short Relation of these men's sufferings before they came into the Castle. Now you shall know our usage after we were in the Castle, under Captain William Smith, This is not Smith the Fencer, his name is Thomas Smith▪ the first night we were put up into the Tower, 180. odd, the place being so little that we were forced to lie one upon another, and were allowed one penny bread a peace, and a Can of small Beer (water was better) and so for the best part of 13. nay some of us 23. weeks, were allowed no more. Some of us have many times been two days without any thing at all, so that by this cruelty, and living on the boards, many fell sick and very weak in body almost all of us like to perish and end our days by the bloody flux, and one of us was starved to death; and as this man was drawing on towards his end Marshal Smith was solicited in all the fair ways that possible could be, by the Gentlemen and the Captains there in Prison, that he would suffer some thing to be provided for the poor man but such was his cruelty, that he would not, and so the man died. He says it was a base Protestation, only framed by a company of ebels and Traitors to take away the King-Crown and life. Some few days after, he called us to take the Protestation, (which he stilled the Kings, we desired to hear it read over to us, which when we had heard it, we refused it, as being against our Consciences, telling him we had taken one already, which was the King and Parliaments, he swore at us, and called us damned Rogues and Traitors, striking us with his Cane, drives us all up into the Tower, swearing deeply he would make us take it or he would make us to shit as small as a Rat: But he was forsworn, for we shown him a fair pair of heels. whereupon he gives command that no body be permitted to come at us to relieve us, either with food or linen, causes a hole to be made up where things used to be conveyed to us, and confined us to our former allowance, and charge was given upon pain of death that no more should be allowed us, or any thing else permitted to come at us, which was accordingly done, for food being sent to us out of the City by some he caused his Soldiers to take it way and eat it. Then the Gentlemen and Captains imprisoned, made a weekly Purse for the relief of the poor Prisoners (and made * A Lieutenant of Horse. Lieutenant W. Dingly Steward of it) which if they had not done I am very confident, we should half of us have perished. He causes this to be restrained, and threatens the Steward to lock him up close Prisoner, if he did after offer to relieve us with Bread or Beer. Some small time after this, Sir james Penimon wanting Soldiers, they called us down into the yard, and as we passed through the great Chamber, where at least 12 or 14. Gentlemen lodged, and had washed their hands in a Basin of water, such was our extreme drought, that we could not be restrained from drinking it yea the very rain water that was on the Barrels heads that stood in the yard. There they propounded to us, that if we would take the Protestation, and take up Arms to serve in that Army we should presently be all released. We all refused it, with that Peniman sworn at us, and Smith ran after us as fast as his lame legs would giv him leave drives us all up again into the Tower striking us with his Cane, swearing deeply that he would wake take it, or he would make us to shit as small as a Rat; and so kept us still to our former allowance. When they had tried by all these ways of cruelty, they had or could extend to us in the Castle, than they sought by fair means to win us, and Sir james Peniman, and Smith, calls us all down into the yard, and there they argue the case to us, and allege the Scripture to us, (as the Devil did to Christ) but when they saw that by this they could not prevail with us, they swore most bitterly at us, and Sir james Peniman swore God damn me, none of us all did belong to Salvation, but we were a Company of damned Rogues, Rebels, and Traitors, and swore we should be made to take the Protestation, for we should have no Victuals allowed us, saying they that would not work should not eat, * But after this 14. were removed out of the Dungeon to an upper Chamber so little, that we could but lie down, when we went to sleep. and so we were kept without any thing for a day and above; And to extend his Cruelty, and increase our misery, Smith causes us on Monday Feb. 6. to be removed from the Castle to Bridewell to the Dungeon, where we were above 40 of us put down into it, about four Weeks thronged, in so little Room, that woe were scarce able to stir one by another, * There being never a house of Office. the place also being made very noisome, because we eased ourselves in the same, so that in some place of it, we might go over the shoes in Piss and filth. About a Fortnight after, woe had been there: A Petition that we had made to the Lord General of that Army, and a Letter that was written to London, setting forth the barbarous usage of us by Smith, came out in P●int * The Letter was Printed in my name, which is Edmund Chille●den, which Smith would have fathered on me, but he could not prove it. But this Letter and Petition nettled Smith, that he gave the Capt. and Gent. a great deal of Liberty upon it. Whereupon the General as we conceive appointed Commissioners to examine the truth of the things contained in the Letter and Petition, and on Mu●day Feb. 22. Six of us, namely, Edmund Chillenden, Thomas Cheny, Edward Leader, Edward Bradney, William Whitlawe, joseph Blises, were like Felons and Rogues brought through the Streets in Irons to Sir jacob Ashleys', where was Dr. Reeves the King's Advocate, and two other Commissioners, who instead of examining of us, fell a Railing at un a●king us to take the Protestation; We Answered we had taken one already, which was the King and Parliaments, which we would maintain to the last drop of our bloods, * I making this Question, because it was I that spoke for all of us; They told me that I should of all the rest be hanged, saying you are a peermtory Rogue indeed. but as for this Protestation we know not what it is, nor whose Authority if beareth, for we know that the laws of this Land provide; That no O●th should be forced on us contrary to consent in Parliament, which Laws were out Inheritance, and therefore we would defend and maintain them as our proper Rights and Liberties, and no ways betray them, or words to this effect: We further said that to swear the Earl of Essex was a Traitor, or the Army under his conduct was raised against the Kings, or that the Kings proceed with his Army was good and necessary, or whether the Subjects of England were bound, or not bound by the Votes Acts, and Orders made by the Lords and Commons in Parliament, was a high point above our Capacities to decide, and therefore desired to be excused from taking that Oath, conceiving that we must not swear upon doubts and questions, but in judgement, righteousness, and truth. Smith he cries out, hark, hark, they are a Preaching; we than complained to them of our ill usage, and told them it was the way to starve us, and that a many of us were sick in the Dungeon, and desired they might be removed where they might have more Air, and we said that we hoped, that it was not the Kings will, nor the Counsel of Wars pleasure, thus to destroy us: But Dr. Reeves told us in plain terms, that it was the King's mind, and Counsel of Wars pleasure to destroy us, * But the Dr. hath forgot his Spectacles would multiply. and took his Spectacles and looked on us, and said we looked as fat as Coneys, and so we were sent bacl again to the Dungeon, and those that were sick, grew weaker and weaker: so that one eased nature as he lay, * Namely one Giles Carter, and Caleb Self. and another was troubled with a continual Vomiting; those things were grievous to us, they being done in the place where we all were; when Smith came to Bridewell, we complained to him of it, and desired him that they might be removed where they might have more air, and have some comfortable thing made, and permitted to come to them, or else they would not live long; he called us, if we would take the Protestation we should have any thing; we desired, but if we would not, if we all died he did not care, we were our own murderers, and did not permit any thing more to be allowed, save our former Allowance; not any Friend, no not our Wives, to come to see us, or any to have our Shifts washed: Nay, he put the Man that dwelled in the Bridewell in Prison in the Castle, because he had meat a boiling over the fire, for his own dinner, and all Smith's men came and eat up the man's meat, so that by his cruel usage, the afore-named Giles Carter ended his days in great extremity. We seeing this conceived in ourselves if we stayed here, there was no way but of death and perishing; did with one consent resolve ourselves of this extreme misery, so we with our knives, and the hook of a door, made a hole through a Free * stone wall, above a yard thick, and so all that were well went forth, which was about 40. whereof 4. were taken again, and 6. was left sick, in the Dungeon, which 6. (when Smith knew the rest were gone) laid in Irons when we were so weak as not able to stir, and so kept us till Thursday, or Friday, having nothing to comfort us, but water; and then we were removed to the Tower in the Castle again, wherein the room where we were put, was about 60. men, and a many sick of the small pox, so that the place was very unwholesome and nasty, and there allowed us one penny bread, and a Can of Beer. I come now to relate to you some other of Smith's Tyrannical and dishonest practices. When Marlborow men were sick, Smith gave to one Mr. Betterise a Chirurgeon of Oxford, 5, s. to provide some hot and comfortable things for the sick● Prisoners, Mr. Betteris laid out some of the money presently, after this meeting him in the street demanded his money of him and threatened him, if he would not give it him, so M●. Betterise gave him all his 5. s. again, though he had laid out some of it before: This Mr. Betterise did use to come at first into the Castle to dress the wounded Prisoners, and by that means knew the disease of the sick Prisoners, did say to some Neighbour's of his, that they were spoiled for want of water, and so indeed they were; for we had no water sometimes in two day's time; Smith he hears of this, and meeting with Mr. Betterise put him in Prison in the Castle, for so saying, but was within a short time by Sir jacob Ashley released out of the prison, but by Smith commanded to come no more to dress the wounded prisoners. About this time there were some prisoners brought in, which were taken at Banbury, and amongst them was one that was wounded in the head with a Pole-Axe. Smith was by the Gentlemen and Captains in all the fair ways, entreated to let a Surgeon to come in to dress him, he would not permit any to come, so that this man's wounds festered and stunk, and in a short time he ended his days in great extremity. There a so being in the Tower many Prisoners, and they hav●ng had no water in 20. na●, 48. hours' time, knocked for water, Oc●don the Captain's man came and told them he could help them to none (though the River run by the door) they being dry knocked again, Smith came himself, & said I will give you water, caused 3, or 4, of his men to come armed to guard his person, and called down one that was my Lord Says Miller, and lays him in Irons Neck and Heels; and one Sergeant Wallis he Canes him at least 60. blows over the head, and wounds him very sorely, that he hath lost one of his joints, and after this lays him in Irons 28. pound weight, Neck and Heels, and so keeps him 48. hours in a nasty Dungeon, without bread or water, or any other sustenance; and Caned Lieutenant Whitehead, and laid him in Irons; and to colour over his Tyranny; commands his men to say, they made a mutiny. There was one Mr. Freeman a Constable near Banbury; Smith calls him to take the Protestation, he refuses it, Smith said if he would not take it, he should go up into the Tower, he said that was the worst he could do to him. Is it says Smith you damned Rogue, and striked him with his Cane, sweeting bitterly at him, la●ed him in Irons neck and heels, set him on a cold Stone in the yard, takes away his coat from him, sets a sentinel over him, so keeps him 30 4 days in the winter time, without either bread or water, or air, other food: This Freeman was also removed to the Dungeon in Bridewell, where he escaped to his own house, and there was taken again and brought into the Castle; Smith lays him in Irons and so he ended his days also in great misery. The same day he called down one of Marlborow soldiers, and offers him the Protestation, the youth refused it; Smith swears at him, and beats him with his Cane, lays him neck and heels in Irons, puts him in a Dungeon, set a Sentinel over him, so keeps him till he had forced him to take the protestation, and allowed no food to be given him. There was one Mr. Wierby a minister, and one Mr. Price, and one Mr. Selven, that did refuse the protestation; he strikes them, and break their heads, makes the blood run down their ears, and sends them to the Dungeon in Bridewell. There was one Mr. Edward Bradney, that had a man exchanged for him, yet had not his liberty; Smith told him if he could get 10. l. to pay his Fees he should have his liberty. Mr. Bradney got 5. l. told Smith I have 4. l. 10, s. Smith said he would not take that, so Mr. Bradney was putting up his money again, Smith snatches his money from him, and said I will keep this in part or payment; so took away four pound, and kept the man in prison six months after; first in the Tower, then in the Dungeon in Bridewell, where he escaped, but was taken again, Smith laid him in Irons hands and feet, and so keeps him about 8 weeks: by reason of this his cruel usage, he fell very weak and sick, and in his sickness he would not suffer any body to come to help him in his great extremity, so that for three weeks he lay in his own Dung and piss, and so by a long and languishing disease, being pined to nothing in, a great deal of woe ended his days. There was one Richard Cawdle, and one Robert Neale, that escaped out of Bridewell, and were taken again, he burned them with match between the fingers to the bone, and laid them in Irons hands and feet, suffers no Surgeon to come to them, so keeps them 8. weeks, and they both in this extremity ended their days in much misery. There was one Andrew of London, who came to Oxford, and being brought into Prison, Smith himself taken 23. s. out of his pocket, and kept him there a short space, and then turning him going, but never gave him his money. There was one Mr. I. A, the Lord of Douns man, brought in for a Spy, he took the Protestation, and was by Smith released, paying 50. s. fees; and he coming into the Castle to see a Friend, Smith would not let him go till he had paid him 50. s. more. There was one Mr. Wild a minister, a Malignant, committed to prison, who lay there 7 days, and paid Smith 3. l. 10. s. for his Fees. There was two Londoners, Mr. C. Mr. M. that took the protestation, that paid Smith 20. l. for their fees. There was one William Burden a Constable, that took the protestation, and was by Smith released paying 4. l. but he after heard he was a rich man, got him in prison again, and there keeps him to make him pay 60. l. more, and did not let him go, till he had paid him 20. l. more. There was one Mr. Ad. of London, prisoner, Smith took 5. l. 10. ●illings, out of his pocket, and never gave it him more. There was one Mr. W. B. a Gentleman, whom the Bishop of Armath * You mayst by this that if there be any villainy to be done, a Bishop is at hand to act it, persuaded to take the protestation, he was released paying 20. l. fees; Smith gets him again and keeps him prisoner, till he had made him pay or given him bond for 30. l. more. He also got a Bill of Exchange for 30. l. from Captain Wingate, and Captain Austen, but he hath not yet paid them, though he hath been often asked for it, and Captain Auston ask him for it, Smith gave him very opprobious words, calling him shitten Apprentice boy, and threatened to lay him in Irons, neck and heels. There was one Dr. Claiton, Doctor of Divinity of Waltomstow in Essex (as he himself said) who was taken at Branceford, and carried to Oxford Prison, who lying there in great misery, did endeavour to make an escape and getting over a wall, fell down and broke his neck. Captain ●ohn Lilburne, he kept him in Irons 19 or 18. days and since he being very sick, even to death yet w●uld not permit any woman to come to look to him in his sickness. Captain ●ohn Frank in and Master john Brown Gentleman, he ironed together, and so kept them a good while, and since Captain john Frankling is dead. Master William Dingly, a Lieutenant of Horse, he laid him in Irons, and so kept him 8. or 9 weeks. He kept one Master Andrew Ellu (one of my Lord General's Lifeguard, a Gentleman of the Inns of Court) in the Tower amongst the Common Prisoners, and made him to lie on the Board's. Master john Frankling, Member of the House of Commons, he hath most basely abused, and called him Rogue and damned Traitor, yea stinking fellow and took him by the shoulders, and thrust him into a little Chamber, saying to him you are a damned Traitor, and I will use you like a Traitor; locks him up close Prisoner, and gives the key to one Bradshaw that was a Cavalier in Prison, and Smith on purpose set on this Bradshaw, and one Captain Cew, one of the Cavaliers an Irish Papist, to drink healths and carrouses in the room with Mr. Frankling, to abuse and torment him, This B●adshaw being si● did confess. and hath ever since kept him close Prisoner. And Captain Walton, Captain john L lburne, Captain Vivers, Captain catesby▪ Captain Scroop Captain, Auston, Captain L●dcot he hath kept them all close Prisoners, for the most part of their time, and seldom would permit their friends to come to visit them, no nor their wives to see them. Yea he hath taken away the beds from the Captains and made them to lie on the cords, and against their wills placed some of the Cavaliers in them. As for Captain Wingate, he hath always kept him close Prisoner alone, without any company, not suffering him to confer neither with men nor Books, not permit him to have a Bible, only when Blage was hanged. Master Harfeild Minister of Banbury, and he was in one Chamber, and Smith had laid this Reverend Minister in Irons hands and feet, and after that Blage was dead brought his body and threw it into the Room where Captain Wingate and this was, and so locked them up all three close Prisoners, and many times Smith hath kept those that have died so long till they have stunk like to poison them, nor would not carry them away, till the Prisoners were constrained to pay for their burial. He would not suffer Captain Wi●gate to walk in the Garden for his health sake, notwithstanding the King's mind was that he should, as hath been in my hearing declared by the Lord of Craford. As for Captain Clifton Cot sby and Captain Vivers, they being in ●anbury, his Majesty was pleased by his Herald of Arms to declare, that if they would come and yield themselves to Him they should have a free Pardon, the which they did, and had also the Lord General's word, on his honour to confirm the same: yet after this they were brought to Oxford Prison, and by Smith kept there, and were before the Lord chief Justice Heath, on Oyer and Termine●, arraigned for their lives. Whereupon they both of them made a Petition declaring his Majesty's Act passed to them which was acknowledged by the Generally as appears plainly by the Answer of the Petition, * The Petition I have seen with the Answe but as yet ●ann ● procure he Copy of it He would not 〈◊〉 Cap aine C teso●y, ● c● se h w● 〈◊〉 not pay him ●oo pounds for his fee, and so also he did by Mr. Ha' field, Minister of ●●●bury, and so by Captai●e Vive ●. I do not believe any of them committed any fault, deserving any Pa done, but this I say according to their Proceed. and thereupon order was given, they should be released, yet notwithstanding Smith kept them in Prison close, and by his ill usuage, Captain C●tesby is since dead, and Captain Vivers hath been almost at Death's door, and is yet Prisoner: therefore it behoves the King and the General to vindicate their Honour by executing Justice on Smith, for thus grossly abusing the King and the General He hath kept many in Prison (after they have been pardoned by the King and have taken the Protestation) for excessive Fees. But to let all the world see he is a knave in all respects, and to all persons friends and foes, he hired a Priest to preach in the Prison, and this Priest was as base as Smith himself, and would rail against the Parliament and the City of London, as loud as Smith, yet when this Priest came to demand his quarterage of Smith, P● th●s it 〈…〉 that the Parliament ●s 〈◊〉 in the least mistaken, in say●i●● the King is 〈◊〉 and invinced i● by King ●●, ●naves and ●●eeves. he to save his Money, and deprive the Priest, of his due, calls him all to naught, and says to him, you rail against the Parliament, you shall have quartering, and so claps Irons on the poor Priest, that he was glad to lose his Money to be rid of his Irons, and so he serves all his men, when they ask him for Money, now let all the world judge whether it be for a King's honour to have such Officers. And further to set out his base dissimulation when the Commissioners from the Parliament are in Oxford, then to make the matter fair as if he were a stranger to a Tyrant, he will let the Gentlemen & Captains have liberty to walk in the Garden, and suffers their friends and wives to come to them, but as soon as ever they are gone forth of the City, he locks them up close Prisoners, and debars all friends, yea their own wives, and though they be sick, will not suffer them to come to help them in their extremity, nor no Physicians, but whom he will appoint, which for aught any knows, may poison them, for in a short time there hath died of these Gentlemen, Captain Liacot, Captain fleming, Captain john Frankling, Captain Gasterill, Captain Stevens, junior, Captain Stevens Senior, Captain Player, Captain Austen, Captain Caseby, Lieutenant Flower Master Witman Merchant of London, Mr. Herfield Minister of Banbury, old Thomas Web, and three more Clothiers of Glocestershire. and 4. more common men, which are before mentioned. There was a Clothier of Glocestershire, which was released, Smith got him again, and kept him in Prison to make him pay a great Sum of Money, and there the man ended his days. A True RELATION OF The taking of Cirencester, and the cruel dealing of the merciless Cavaliers towards the Prisoners they there took in their passage, as they went to Oxon and at Oxon. UPon Thursday the second of February 1642. Prince Rupert with a great company of his Cavaliers, came before Cirencestor, and there after an hot Skirmish, they being valiantly resisted by about 400. of my Lord Stamford's Blue Coats, and Captain Wallingfords Dragooners there being in the Town not above 500 Soldiers, with the Trained Bands and all, yet such was the cruelty of the Cavaliers, seeing my Lord Stamford's Blue-coats thus valiantly resisting them, and in their resisting slew many of them so that thereby they were much enraged, insomuch that they set on fire a Barn and some houses, and Hay Ricks, which did much annoy our men, who had overtoyled themselves with resisting them, not being relieved by the Trained Bands which were in the Town, and by this means were forced to retreat into the Town the Cavaliers pursuing them, and so surprised the Town, and after they had given them Quarter, because they had slain none, before they murdered many of the Inhabitants, about twenty persons or more; * Let all Malignants take notice, that notwithstanding they love them and their Cause, yet where they get the ●ictory, they will make no difference between a Mal gnant and an honest Round-head. and most of them were Malignants against the Parliament. After they had thus taken us, we were led into a field about half a mile from the Town where the chief Commanders were, that they might take a view of us, who threatened to do execution upon us all, and there the Common Soldiers stripped us, and wounded many of us, and then drove us back to the Church in Cirencester, where we remained almost two whole days, and two nights in all, which time they allowed us no sustenance wherewithal to live, till just as they drove us towards Oxford, they gave each of us a small piece of bread and cheese, and then bound us all with match, and so drove us along without stockings on our legs, or shoes on our feet, or hats on our heads, many of us having no Doublets, and some Gentlemen of good quality without Breeches and so we came to Burford hill, where the Cavaliers gave each of us a little piece of Bread, which was all the relief they gave us in our way between Cirencester and Oxon, and for this we waited a long time upon the hill, the wind blowing very cold, and we standing barefoot and bareleged in the snow. Then we came to Witneigh, where we lay in the Church, and from thence were driven towards Oxon, and about a mile from the City His Majesty with the Prince, and the Duke of York, came thither to see us drove along more like dogs and Horses than men, up to the knees in mire & dirt along, the horse way, & abundance of the Scholars much rejoicing at our misery, calling and abusing us by the names of damned Rogues, and Traitors. And when we came to Oxon, we were put all together in the Church, and there we received, for the most part of us, a piece of bread that night, the next morning they separated the Volunteers, from the Trained Bands, and cruelly used us to force us all to take the Protestation, and take up Arms for them against the Parliament, for they allowed us but one small piece of bread, and a can of B ere a day, and would not allow us to have a draught of water to drink, we offering to pay Money for it, yet we could not obtain it: by which cruel usuage they forced the most of them to take the Protestation, that of 1100. and 66. Prisoners, there was but 16. that refused it, that they had scraped about the Country for, for they brought old Alms men, about three or four score year old, and lame Cripples from their mother's womb blind men, and all to make up the number of a great many Prisoners, they not only forcing them to take the Protestation, but afterwards fined th●m beyond their estates, and drove them to other desperate courses, so that one cut his throat, he not dying presently was asked the reason why he did so; he answered, he was so hungry that the Devil tempted him to cut his throat to be out of his misery; and divers others of them fell weak and sick, and were sent to Bridewell, where they died two or three in a day, and one man drawing on towards his end, I and Edward Leader, and another, had opportunity to speak unto him, and we asked him what he thought of his last end? he said unto us, and fetch d a great sigh, he could have both said and thinked more if he had refused the Protestation and kept close to Christ, and so d●parted. Whilst they contive in the Churches we that were in the Dungeon hearing that they wanted bread, gathered 7. shillings amongst us and gave it the woman of Bridewell to lay out in bread for them, which she accordingly did and went to the Church to give it them: but such was Smith's cruelty, as that he would not permit it to be given them, so i● was returned to us again and those of them that refused to take the Protestation, he beat and abused, tying some of them neck and heels, and others he sent to the Dungeon, others he borough into the Castle, where we were made to stand in the cold yard a●l the fi●st day in the snow; then at night we were put in●o the Ha' l where we continued 3. or 4. days, without receiving any allowance from them whereupon we asked Captain Smith for some allowance, he then giving us bitter words, and swore at us hide his man give us so much bread as he would give a dog a day, and for water let them lap in the yard and be hanged or poxed for a company of damned Rogues Dogs or to this effect. Then after two or three days▪ he allowed us half a p●nny loaf a day, but we had no water to drink in two days together. Then we were put up into the Tower and there we were allowed a penny a day in bread and a can of beer, wh●ch was the best allowance that ever we received from them lying for the space of 15. weeks on the boards; and by reason of this hard usuage many of us fell sick, which dr●ve us to call from the Tower for more relief: whereupon he strikes two of us with his Cane over the head and lays us neck and heels in Irons, and kept their allowance from them: and since the Pa●liament hath sent down 1●0 for the relief of the poor Prisoners, he hath ever since kept away the King's allowance from us. The Copy of a Letter written from the Castle at Oxon, by a Gentleman in Prison there, confirming the former particulars. Noble Sir, I Cannot but take special notice of your respects manifested unto myself, and all the rest of the Gentlemen my fellow Prisoners, in so kindly writing unto us, and sending to see how it fairs with us, which, true it is there came once a Trumpeter of Captain Lidcots, about the exchange of his Master for another, and for his pains he was clapped up Prisoner with his Master, and kept there by Captain Smith, till such time as he could conform unto Captain smith's will and pleasure, and take a new Protestation, and serve in the Army, which is called the King and his Captain hath here since with five more, in 14. days, ended his days in a great deal of misery, and woe. In the last Letter which I have seen, though the Bearer was not permitted to come in to us, you let us understand of that courteous and noble usuage the Gentlemen that are Prisoners with you find at your hands, and you tell us, that you are sorry to hear of our hard usuage, which you hope is not so bad as the report goes: Truly let me say thus much in brief, from my very soul I do believe, that the Barbariousnes inflicted upon the poor Galley slaves in Turkey, cannot parallel those inhuman cruelties, which abundance of poor men have undergon from the hands of Sm th' himself: the full particular rising of which I am confident will fill divers hundred sheets of Pap●r to make a second Book of Martyrs with more sadder Stories than are to be found in Queen Mary's cruelties: The ●ris●n●●s report A little touch of some part of which you may read in the Relation of one Master Wierlay that broke Prison here, and in the Letters that divers others put out in Print (b) In a Letter Entitled a true Relation of 〈◊〉 u●●ag● of the Prisoners at Oxon. and a little more of which you will hear in the Relation of one Mr. Chillenden, who with 18. more broke Prison here four nights ago for I believe that he will make a Declaration to the world. We have from time to time complained to our friends at London, which have hitherto hoped that Letters from the Gentlemen to the Court, of the good usuage of the Prisoners with them, would have prevailed with His Majesty & the General here, to purchase the like for us: but alas it is in vain. We have Petitioned His Majesty and the General, and Articled against Smith, for trancendent cruelties but we never could have hearing by reason of the potency of his friends and those damnable Oaths that he hath sworn against us, to which there is no more credit to be given, then to the Devil and those wicked lies that he hath told, and those false reports that he hath raised on us, and filled the Court full of strange and unheard of matters, that never entered into our hearts to think of much less to plot; and those be his usual practices and evasions when we complain of him, so that our struggling and complaining hath done us rather more hurt then good, because our friends in Parliament hath not taken the right course to deal with their Prisoners, as we have been dealt with; which if they had, they themselves, I am confident, would long ere this, by their importunate desires and informations to His Majesty, have eased us of Smith, and purchased more liberty for us, so that this is our last refuge that we have to betake us to, to press our friends immediately to get all their Prisoners of quality clapped up close Prisoners as we are, and used in some reasonable proportion to what we are here, and if this be not speedily done I do verily believe, they will scarce see the face of one man in ten of us, for so near as I can judge. Smith more than Pagan-like cruelty hath already murdered above 40. men yea, above 60. men in this house, the blood of all which he is guilty of, for his starving, beating, fettering, clapping head and heels together, close imprisoning, and other bad usuage hath already brought the Plague amongst us, and two poor m●n in the Tower lie sick of the Plague sores, as the Chirurgeon, ●vers: yet in this great extremity, will not let t●e heavy hearted wife come relieve and nourish her sick and distressed husband: yea, he hath clapped a Chirurgeon in Prison for coming to dress the stinking putrified sores of the wounded and diseased; yea, and the poor people that dressed our diet, and washed our linen are not permitted to come unto us, yea and though Captain Scroop a Gentleman of quality be vety sick, yet will he not suffer his Apothecary to come to administer any thing to him. But the saddest Story of all the rest in this house, might be ma●e of one Mr. Edward Bradneys' sufferings, who was an honest Man, who hath laid a long time in languishing death; first in this Castle, then at Bridewell, and almost ever since they broke Prison there, in fetters of Iron, who died yesterday, whom all the Gentlemen in the House, neither for love nor money, could not entreat Smith nor his Lieutenant (who is grown as bad as himself) to let us have for out money, any poor Woman to look unto him, so that he was forced for 3. Weeks together to lie in his own Dung and piss, and never was made clean all that time but once, as those that were nearest unto him have for certainty informed me, so that they that lay in the Room with him, and next unto him, have been almost poisoned with stink by him; ●●a though the poor Prisoners many of them be almost spent in watching with their f●llow dying Prisoners, yet the inhuman Lieute a●● the other night, threw stones in at the wi●dowes, in a Room where fou e lay sick, because the poor watching Men had b●t a faggot burning to refresh them, and a Candle bu●ning to see to give them drink, and such things as they had for them. I rest your Servant. Oxon Castle, May 26. 1643. THE TRUE COPY OF A Petition and Articles, which the Captains and Gentlemen in Prison, preferred to his Majesty's Privy Counsel Commissioners, and Council of War, against SMITH. To the right Honourable the Lords of his Majesty's most Honourable Privy Counsel, the Commissioners, and the Counsel of War assembled in OXON. The most Humble Petition of some Prisoners in the Castle, at OXON, whose Names are hereunto Subscribed. Shows, THat we presume not from any forgetfulness of our sad condition, being Prisoner's under his Ma esties high displeasure, and the inseparable consequents therewith, which in all humility, and sense of Sorrow we both apprehend and submit unto, or out of any unquietness of disposition to increase trouble to your Lordships, to interrupt your gr●at affairs, which we most humbly crave pardon for; But the long and still daily ●ll entreaty (we all receive under our Keeper the Provost Martial General Captain Smith) is so exorbitant and intolerable, as upon the Reputation of Gentlemen; we profess that a fair passage out of this World will be fare more welcome unto us then such a life. A particular of some of his Actions we all in humbleness as your Lordships shall vouchsafe to signify your pleasures) desire to present unto your Lordships, beseeching your Lordships to take them and us into your grave consideration; And to show your Petitioners such favour and relief therein, as your Lordships shall think meet. And we shall daily pray, etc. Some Particulars of Captain SMITH, his Carriage towards his Prisoners. THat we are many of us Close Prison rs, and some in Irons, and other Gentlemen in the Tower amongst the Common Prisoners, and have been struck by Captain Smith. That we are by him locked up into our Chambers, and debarred the use of Pen, Ink and Paper, and the Converse with any, having Sentinels set at our Chamber doors, some of us denied the Comfort of speaking with such as come from, and return unto our Wives and dearest Friends. That we have suffered much for necessaries; and many of us are Lousy. That he doth frequently reproach and provoke us with very base language, calling Sir William Essex old doting Fool and Ass, and swore that he would lay him head and heels together, that he hath suddenly in great rage, come unto the Captains and Officers in the presence of divers strangers, and his own Servants; no offence that we know being given, or by him expressed, and swore that he would lay the proudest o● us neck and heels, and that he spoke it to them all in general, or to any of them in particular; and challenged them now or at any time hereafter, if they were at Liberty, to justify it upon them, that he has called some of the Captain's Boys, and other Gentlemen, jackanapes, Rascals and Fools; and that he would whip their arses, and lay them in Irons in the Tower. That when his prisoners have had no relief in 24 hours, and have earnestly begged for water, and hath with all possible respect been desired thereunto, he hath violently fallen upon them, knocking of them down and beating of them, in as much as some of their limbs are likely to be lost thereby, calling them Curs, & protesting that he respected dogs more than they: some of them being Officers, and after such beating, being cast into Irons head and heels, all night, for no other cause, then for ask a little water in such extremity, for want whereof they have been in such necessity, that they have been constrained to drink their own Urine. That he (as we humbly conceive) for his own private respects most injuriously, charges his prisoners with plots and conspiracies, and hath taken great sums of money of them for Fees, and detained some of them in great extremity, even to the prejudice of their lives, only for unlimited fees, unto their utter undoing. That whereas his Majesty out of his great mercy is most graciously pleased to allow his poor Prisoners 6. pence a man per diem, yet they received hereof but 5 farthings a day, whereby many of them had been starved, had it not been for the relief of some other Prisoners, who made Collection for them: and that Captain Smith his Servant Rich. hath gained 2. s. out of every five thus collected, for the relief of the poor Prisoners, and the said Rich. by the allowance of his Master, selleth beer at an excessive rate; to wit that in a Kilderkin of 5. shillings, he hath gained 6, or 7. shillings. That Captain Smith as he said came with an express command from the King to some of his prisoners, and told that his his Majesty himself commanded him that the Gentlemen should have only bread and water until they had paid Mr. Fisher's bill of 150. pounds, or there about, a bill that hath caused much difference between Mr. Fisher, and Captain Smith, consisting of Captain Smith his Servants of 7 pounds spent by him in wine; a bill of the diet of the servants and prisoners, when sometimes they were in number 60, 70, or 80. one day more, another less, which made it a confused bill and reckoning; and did not at all as we humbly conceived concern any of us; we having agreed, and Captain Smith promised that we should have a 12 penny Ordinary; which we never refused, but was always ready to pay those that had money, and the rest to give the best assurance they could for it, and because this 150. pound was nor presently paid by some few of them, they were locked up close Prisoners, and sentines set in their Chamber doors, to see that they received nothing but bread and water, which Captain Smith swore was the King's express command, but he said he would allow them bread and beer. This Petition was exhibited about Allhollantide, 1642. but by Reason of the potency of his friends, we could never have any hearing, though since that time we have preferred many other Petitions. HEre you have seen a glimpse of Smith's Tyranny, but to repeat all his cruelties with his cozening, and cheat, and the c rcumst●nces about him, would make volume of many sheets of paper; but by this all the world may see how the King is wounded in his honour by such baste Egyptians, that care for nothing but their own base and by ends; therefore those great friends of Smith that have bore him up, and stayed the Prisoners off from being heard in their just and lawful requests, whereby they might have been righted, and Sm●th have received Justice according to ●● demerits, m●y be ashamed to possesse the King, and say they are his friends, when indeed they are his u ●er and only enemies, that do all they ca● to stain him in his Justice a d Hon ur●: ●herefore I● poe that now they will see their error, and the King, and Lord General of that army will vindicate ●heir honours by doing justice one Smith; which if ●hey do no●, it will lie as a blot on them to all Po terity, and if his Majestic please to grant to me and other W●nesses against Smith, his ●f. conduct and protection, I will prove to in, as I have already here, a l ●hese particulars upon oath, Viva voce, and many more. For sinc● Captain Wingates, that honourable and faithful Gentleman's escape, about it Smith was in trouble, but was no sooner restored again to his place, but he again gins to play the Tyrant, he and his Lieutenant falls upon some of t●e Gen lemen and wounds them, likely to kill one Lieutenant Fuller, and after that lays him neck and heels in irons; and another Captain he wounds him sorely and puts him up into the Tower, and locks all the rest close prisoners, and swears that he would lay Captain Lilburne in irons, because he did look out of his Chamber window, he having been sick, to take the air: because he saw him play thus the Tyrant, and thus be his usual practices, that men were better be cut of their lives, then come to be under his custody; therefore I hope all the men of our Army will fight it out to the last, and not suffer themselves to be taken, but die rather like me● and brave Soldiers, then to be by him starved and stunk to death. I● will now be looked f r, that I should relat● the manner of Captain Wingats and my own E cape. Thus mu●h i● brief that God in his due time was good to him and me, and to m●y more, all the while he and I was under this misery, to support us by his strength, and also by his wisdom and power at last, perfectly to deliver us: But to relate the full particular remarkable providences of God to Captain Windgate, and to myself, and the rest that did escape, would be t●o tedious; but this we say, and we speak the truth, God also bearing us witness that we do not lie, that by many hard and difficult ways we escaped, God going along with us apparently, which Captain Wingate desires and myself also; and all the rest that did escape, that the sole and only Honour, Glory, and Praise, may be given to GOD. And so desires your Friends and poor brethren in the defence of the House, to the last drop of their bloods, EDMUND CHILLENDEN. Thomas Cheny. Edward Leader. William Gough. William Whitlow. Thomas Chamberlain. William Briant. All sworn before the Lords Assembled in Parliament. joseph Bliset. Daniel Ashton. Christopher Weeks. john Allen. Witnesses not sworn. TO THE HONOURABLE WILLIAM LENTALL SPEAKER of the Honourable House of COMMONS. Noble Sir, THE grievous burden of miserable thraldom, which we in Captivity now groan under, presents itself to yourself to your serious consideration relying on your Favour and compassion for speedy redress: we had not thouht that ever we who have adventured our lives and Fortunes, to maintain and preserve the true Protestant Religion. His Majesty's Person, and just Prerogative, the Lawful Liberty of the Subject, and the just Privileges of Parliament, should be so soon obliterated out of your memory, and left to the more than Pagan usage of Tyrannical and merciless men; we are not only deprived of the society of our Friends, of pen, Ink, and Paper, but what we have by stealth, whereby we might acquaint some of our charitable Friends of our languishing condition: but we have no allowance from his Majesty, ever since we came in, and but small allowance from the Members of the House of Parliament here with us, because they cannot get Money in the Town, nor if they could get it, will Smith the Marshal General suffer it to be brought into them: so that we are bereft of almost all the means of livelihod, for when we have been ready to faint for want of water, to satisfy our Languishing thirst, having not a penny to buy us beer, the said Smith hath taken the keys from his man, who was about to fetch us the water, laid him in Irons, vexing him very much, for that he assayed to do us that courtesy, afterwards took off his , and turned him out of doors. And when some have asked him, wheher his Majesty allowed us any thing as Prisoners, he hath after a most ignominious manner revised us, giving us no better Terms than Rebels, Traitors, and Parliamentary Rogues, saying eat stones ye Round-head rogues and be hanged, in like manner, threatening all of us that will not take their soul condemning Protestation, to take up Arms and join with them against the most Honourable Court of Parliament, and my loving General his Excellency; and likewise go to erect their Bulwarks, which if any refuse to do, he is immediately cast into the Dungeon, laid neck and heels together, with Bolts of five and thirty pound, permitting none to administer him any comfort (which cruelty with abundance of menacing words, having no hope of any intermission, of this insupportable burden of misery, hath struck such terror in the hearts of many of the Prisoners, that they have taken their Protestation and engaged themselves to serve as afore, which hath cost many poor prisoners their lives, whose blood will one day be inquired after, at the hands of those who were the efficient Causers thereof; yea even the Parliament men themselves here with us, have been so restrained of their Liberties, that they have been locked up and, confined to stay in their chambers for three or four days together, and not suffered to have any communication with the other Captains their fellow Prisoners, neither have had Meat, Drink or water, but what hath been conveyed to them by stealth, and have been enforced to ease Nature and throw it out of their Windows; and all this because they have endeavoured for relieve by means whereof Master Francklyn a Parliament man lies now a dying. And that which more augments our grievances is, that we are not only confined to lie on the bare boards, on the Tables, under the Tables, on the chymneyes hearth, nay on the very stairs, and sometimes on the top one of another, whereby is bred such a noisome stink, that it infecteth very many with the pestilent , and other very dangerous diseases, there being, at this instant of time about twenty persons infected amongst us, and in our Judgement past recovery: the disease being so violent that i● quite bereaveth them of their senses: In this deplorable condition we beseech you think on some means to revive our dying nay almost dead Spirits, t●at we may once again enjoy our Freedom which we have been so long time bereav●d of, or take some course with the best of them which you have Prisoners with you to keep them short, and bar them of their Liberty as we are, to the end that they may with more earnestness solicit their Friends, and negotiate to procure their inlargements by exchanging of us; for we are credibly informed, and do believe it to be true, that they have so much Liberty and Favour at London, and elsewhere, that they need not care much for their imprisonment. In a word if we are not speedily exchanged, or some course taken for our better usage which now is insufferable: many amongst us we fear will change themselves from being our Friends, and become our Enemies, and be as active in Tyrannising over us as any that have been forced to apostatise from us; we beseech God so to direct the powers of your mind, that you may with all sedulity importune and direct in our behalf to the most Honourable Court of Parliament, and then we doubt not, but God will bless your and our Endeavours, to whose protection we commend you, and remain Your humble Servants, though distressed Captives. From our extraordinary cruel bondage in Oxford Castle, this 19 of july, 1643. The NAMES of the Prisoners. HVmphrey Morgon. William Andrewet. Thomas Fipps. Timothy Code. Foulke Greffes. Robert Grage. Io. Geuton. john Gleed. St. Richards. john Burkhill. james Clerring. Richard Bradshaw. Edward Parricke. Thomas Wells. Io. Williams. Humphrey Lebbes. Thomas Dungeon. Thomas Gibbs. William King. john Gell. Maurice Mocor. William Wood, Richard Symons. joseph Ratclyffe. john Walter. Joseph Amye. joseph Rushaley. john Adler. John Gelcot. Christopher Fowler. Richard Mixon. Nathaniel Smith. Richard Frith. john Overton. Richard Weauright, William Baenes. Thomas Hartwell. Edward Keep. William Elkoanley. William Ashley. Robert Child. Io. Read. Clement Prat. john Shaw. George Sharp. Cham Smith. Richard Smith. William Croley. Edward Huggens. Richard Whitehead Lieute. Roger Cotrill Lieutenant. Io. Reeve Serg. to the Earl of Stamford. Henry Fitzherbert. Edward Fitzherbert. james Cragford. Andrea Pest Quartermaster. M●aurce james. Arthur Rose. Scapcot Perdes. George Rose. Robert Holly. john Wilye. Nathaniel Cambridge. William Hawkes. john Butchius: john Grage. jenkyn Price. William Hughes. With many others that are so sick that they are notable to subscribe. Mr. Francklyn is since the penning of this dead, by Smith's Cruelty. FINIS. A POSTSCRIPT. Some things more which Jhere add, as his fishing one Mr. Fsheirs-house, clapping him prisoner in the ●ower almost starving him, afterwards ceasing on his goods, turning 〈◊〉, his Wife and Family out of doors, and also his seizing oh t ●●ctor Gardens house, and turning Mistress Garden into ●he street, after he had beat and pinched her, and most basely abused her: neither have I set forth his pedigree, and what hath been his manner of life, which hath always been base enough, as appears by the Testimony of one Mrs. House of Chichester, where this Smith with his Family did lie about a year, who to get into Favour dissembled himself a puritan, and must needs have a Minister s●nt for to satisfy his troubled Conscience, and when his dissemblednesse could no longer be hid, he abused them and railed on them, and went away not paying them a farthing, this hath been his continual course to live by cheating and cozening. Therefore I desire the State would be pleased to take into their consideration, the m sery that poor honest men are like to suffer under hand, & to keep all the common prisoners they take to exchange them for our common men, which they never let free, but always keep, yea, and do much abuse them. These things I have written to let all the World see and know the truth, which if they will not yet believe I witted, they had seen and felt it as much as I. And whereas some men say their prisoners here suffer as much I deny it, because I have been in the Prisons both here in London, and at Windsor, and find it is altogether false, whatsoever Malignants report.