A DECLARATION Of His Highness' Prince RUPERT. NOt that His Highness thinks to justify himself to those who by that must condemn themselves: nor that he believes any thing he hath done needs a Declaration, does he publish this to the world: but he 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 he hath faithfully served Him, and that his enemies had no other reason for his accusation, than that they found it necessary for their defence. His Highness 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 partial in their own, and who censure all by success; which judgement, how unjust it is, the meanest understandings, even those brought against him, must confess. Yet with these disadvantages must he now appear, and he is confident that through them all he shall let the misinformed Kingdom see that his honour is as much above the malice of his enemies as their competition. His Highness will not go bacl to the beginning of these times, nor particularly mention his actions in this war, although he believes he may without vanity say, that neither 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 successful it hath been in several occasions the Kingdom will be his witness, and where the event hath been contrary, His Majesty and the Armies will acquit him of his part in it. And he esteems it his happiness 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 Highness) he hath had his actions imperfectly, if not maliciously related, examined at a distance, and accordingly censured: since he is become the subject of every one's passion, how unjust soever, and of every opinion, although never so weak; His Highness thought it was a right he owed the King's service and himself (whom he will ever consider last) to publish in the following narrative the integrity and reasons of his proceed, that it might appear, that as his Highness hath faithfully served the King, he hath not served him unadvisedly, but like a soldier, 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 fare from injuring His Majesty's cause, as theirs from defending it. A Narrative of the state and condition of the City and Garrison of Bristol, when his Highness' Prince Rupert came thither; of the actions there during the Siege, of the Treaties and Rendition thereof. HIS Majesty, after the Battle of Knasby, retreating towards Hereford, intending to recruit his Army by new-levyes in those parts; His Highness, Prince Rupert, crossed the Severne-Sea, to visit his Highness the Prince of Wales; and by his personal presence, to inform himself more fully of the condition of his Majesty's Forces in the Western parts. In his return, he passed through the Lord Goring his Army, thereby to settle and order things so there, as might most advantage his Majesty's future service: and immediately after, his Highness intending to provide for a train of Artillery, and other necessaries for his Majesty's Army, repaired to Bristol, where the then present constitution of the Garrison had by the establishment Contribution settled for 3600 men, for that and the subordinate Garrisons, as Nuney, Portsend Point, etc. But at his coming thither, the presidiary Soldiers (which went by reputation, for 800, or 900 men, and for some reasons unknown to his Highness, it was not thought fit or convenient by them who took 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, 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 laid upon them, were reduced to 800; and the Mariners, for want of employment, betook themselves to other parts, or to the Enemy. The Commissioners entrusted for the Contribution, and support of the Garrison, upon the Enemies approach abandoned the Town, and many considerable persons had liberty given them, and quitted the Town, which much weakened and disheartened the rest. For the securing of that place, his Highness drew in so many, that made the Garrison 2300 men upon sight: But after the Enemy approached, his Highness could never draw upon the line above 1500, and it was impossible for his Highness to keep them from getting over the works, and many of those were new-levyed Welch, and unexperienced men. The Line which was to be defended, was above four miles in compass, the brest-worke low and thin, the graft 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 brisk 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 plain within it, and that wanting water was not to be kept many days. For the like consideration of danger to the Line from another part, his Highness 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 misfortune which happened to the Lord Goring his Army, the loss of Bridge-water and Sherborne, and upon his Majesty's sudden recess out of Wales, his Highness not having received any command or intimation to follow him, he thought it might be more conducible to his Majesty's affairs for him to remain there; and conceiving that the Enemy's design after their former successes, might be for Bristol, gave express orders, for all Inhabitants to victual themselves for six months: and upon a strict survey, there were 2500 families then remaining in the City, whereof 1500, through indigence and want, could not provide for themselves. To supply this defect, his Highness caused 2000 bushels of Corn to be imported out of Wales. For further supply, his Highness, upon the certain approach of the Enemies whole Army, commanded out parties to drive in all the Cattles 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 quantity of powder exceeding not 130 barrels: and at his Highness' first coming thither, there was not in the public magazine musket-balls for three hours' fight, wherefore he caused immediately great quantities of Lead to be cast into Bullet; and the manufacture of match was quite down, and set up by his Highness during the Siege. His Highness having made all possible preparations, consulted with all us, the Colonels of Posts, for our opinion concerning the tenablenesse of the Line: our judgement general was, that notwithstanding, the Works and Line were very defective, the circuit large, our numbers few; yet if we could repel one general storm, 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 Highness 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 Colonels of Posts, and Officers was thought neither safe nor honourable. In the second place he offered to put himself upon the defence of the Castle and Fort, all the Officers were clear 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 ways could be taken, we were all resolved to fall upon the best general defence that could be made of the whole, wherein we might all share alike. These were the resolutions of all we Colonels and Officers of the Posts, Castle and Fort, his Highness leaving the free debate unto us, himself not being by, upon our own desires. These were the results at a council of war, only I do not well remember that the weakness of the Castle and Fort was at that instant, while I was present, taken into consideration. Signed, 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 Bristol, as likewise of the great Fort (as appears by the subscriptions of the Engineers, who had taken an exact survey of them were as follows. THe Line generally was three foot thick. The height of it five foot where it was highest. The graft commonly six foot broad, and where it was widest but seven. The depth in most parts four 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 graft 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 Bulwark, was not four foot deep, and eighteen foot broad, so that horses did go up and down into it. The highest work of the Fort was not twelve foot high, and the curtains but ten. Within one hundred foot of the Fort, there was a deep hollow way, where the enemy might lodge what numbers he pleased, and might be in the graft the first night, and in that part the Fort was minable. Brandon-hill Fort, was about twelve foot above the level 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 cut, nor leveled, so that they lodged their men securely near our works, at their first approach. We do here under our hands attest the particulars above written to be true. B. De Gomme Engineer General. John Mansfield Engineer. The resolution being then taken for a general defence, his Highness disposed all the Colonels to their several Posts, and Forts upon the line. His Highness being thus solicitous 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 Highness sent a party of horse commanded by Sir Richard Crane (who in that action received his death's wound) a little before that Bedminster was fired, upon intelligence the Enemy intended that night to quarter 2000 men in it, and notwithstanding the fi●● the Enemy drew thither, and plied their small shot all ●●ght. August. 23. his Highness caused a traverse or blind of earth to be made within the drawbridge 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 cross the way to hinder our sallies. In this time the enemy omitted no opportunity to solicit the minds of the Inhabitants, trained-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 Bristol, for the delivery of Bristol to the Parliament. We do hereby promise and engage ourselves, that all such Citizens of Bristol, now Inhabiting within the said City, which shall from henceforth forbear 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 appear 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 seals, this 25 of August. 1645. Subscribed and sealed by, Thomas Fairfax. Oliver Crumwell. Further instructions to the Citizens of Bristol that shall endeavour the delivering up of the City to the Parliaments forces. 1. THat if any doubtful 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 needful to promise to any common Soldiers, or Officers of the Enemy within the Garrison (not exceeding the degree of Colonels) 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 own Forces, and (if thereby through God's blessing it be taken) we shall hardly be able to withhold the Soldiers from doing that violence and damage 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 general we offer that it may be either by seizing the Prince, or possessing or delivering up some Fort, or Work which we may enter, or setting open some Port, or by a general rising to assault and oppose the Prince's Forces, or otherwise as they shall find 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 means of theirs we enter, we shall undertake to secure the City from loss or violence by our soldiers. 5. If they think themselves by their own force able to master the Enemy, or by any design to make themselves masters of the commanding Forts without our assistance, we shall not bring our Army into the City, unless they desire it. Upon the interception of which papers his Highness caused several suspected, and active persons to be restrained, which prevented the design, and withal by his personal presence secured the great Fort from surprisal. In the mean time his Highness to interrupt the Enemies working made several sallies, all which succeeded according to design. August 26. Soon after a storm being expected by the Enemies drawing great bodies of horse and foot, his Highness' double manned the Line, but nothing followed. August. 28. Five Parliament Ships entered Kingrode, and forced Captain Boone, who commanded the tenth Whelp to run up the Severne for security. August 29. The Enemy was making a bridge over Avon to conjoin their quarters. Sept. 3. His Highness 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 Bristol, 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 plain language, as the business requires, I wish it may be as effectual with you, as it is satisfactory to myself, that I do a little expostulate with you about the surrender of the same, which I confess 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 Royal Birth, and relation to the Crown of England, Your honour, courage, and the virtue of Your Person, and the strength of that place, which You may think Yourself bound, and able to maintain. SIR, The Crown of England is and will be where it ought to be, we fight to maintain it there, but the King misled by evil Counsellors, or through a seduced heart hath left His Parliament, and His people; (under God the best assurance of his Crown and Family) the maintenance of this Schism is the ground of this unhappy War on your part, and what sad effects it hath produced in the three Kingdoms, is visible to all men. To maintain the rights of the Crown of England jointly (a principal part whereof is that the King in supreme 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 Council of the Kingdom; in whom, (as much as man is capable of) he hears all his people as it wereat once, advising him, and in which multitude of Counsellors lies His safety, and His people's interest; and to set him right in this, has been the constant, and faithful endeavour of the Parliament, and to bring those wicked instruments to Justice that have misled Him) is a principal ground of our fight. SIR, If God makes this clear to you as he has to us, I doubt not but he will give you a heart to deliver this place, notwithstanding all the other considerations of ho …, courage, fidelity, etc. Because their consistency 〈◊〉 ●…se in the present business depends upon the right and wrongfulnesse of this that has been said: and if upon such conviction you should surrender it, and save the loss of blood, or hazard of spoiling such a City, it would be an occasion glorious in its self, and joyful to us for the restoring of you to the endeared 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 wilfulness, 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 ruin, and the extremity of War, which yet we shall in that case as much as possible endeavour to prevent) than I appeal to the righteous God to be Judge between You and us, and to require the wrong. And let all England judge whether the burning of its Towns, ruining its Cities, and destroying its people be a good requital from a person of your family, which hath had the prayers, tears, purses, and blood of its Parliament and people, and (if you look 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 seek to destroy, and whose constant grief has been, that their desires to serve your Family have been ever hindered or made fruitless by that same party about his Majesty, whose counsels you act, and whose interest you pursue in this unnatural war I expect your speedy answer to the summons with the return of the bearer this evening, and remain Sept. 4. 1645. Your Highness' humble servant, THO. FAIRFAX. His Highness' reply was only to know whether he would give leave for a messenger to go to his Majesty to know his pleasure, which occasioned Sir Thomas Fairfax to return this answer. SIR, THe overture of sending to the King to know his pleasure I cannot give way to, because of delay; I confess your answer doth intimate your intention not to surrender without His Majesty's consent; yet (because it is but implicit) I shall send again to know a more positive answer from yourself, which I desire may be such, as may render me capable to approve myself Sept. 5. 1645. Your Highness' humble servant, THO. FAIRFAX. Whereupon his Highness sent him these following Propositions; for during a Treaty we might strengthen our works within, hear from the King, and had he assented unto our demands we should have required a confirmation of them by the Parliament, which protraction of time would have been our advantage. At the Council of War, present Prince Rupert, Lord Hawley, Lord Lumley, Col. John Russell, Sir Matthew Appleyard, Colonel Tillier, Colonel Fox, Col. Robert Slingesby, Col. Walter Slingesby, Col. Murrey, Lieut. Colonel Osborne. SIR, Whereas I received your Letter for the delivery of the City, Forts, and Castle of Bristol, and being willing to join with you for the sparing of blood, and preserving of His Majesty's subjects, I have upon those grounds and none other, sent you these following Propositions: 1. That myself, all Noblemen, Commanders, Officers, Gentlemun, and Soldiers, 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 liberty to march away out of the said City, Castle, and Forts, with their Arms, flying Colours, Drums beating, Trumpets sounding, Pistols cocked, Swords drawn, Matches lighted on both ends, Bullets in their mouths, and as much Powder as they can carry about them, with all their Bag, and Baggage, Horses, Arms and other Furniture, ten pieces of 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 Soldier, or any other of mine or their Retinues, be searched, molested, or troubled, upon what pretence soever, but left to their liberties, to departed or stay as it shall be most convenient for them. 3. That none of your Army whatsoever shall entice or persuade any Officer or Soldier of mine from their Regiments or Colours, with any promise of preferment or rewards. 4. That all such Officers and Soldiers that are hurt, and sick, and cannot now march out of this City, Castle, and Forts, shall have liberty to stay until they be recovered, and then have safe conduct to go wheresoever they please, either to any of His Majesty's Armies, or Garrisons, or their own houses, where they may live quiet, in the interim they being sick and hurt may be protected by you, and have civil usage. That all prisoners taken on both sides since the beginning of this siege be forthwith set at liberty. 6. That myself, and those 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 find it requisite; and that we be accommodated with free quarters during our march, and a sufficient convoy to any of the King's 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 Wanes with sufficient Teams provided for carriages of all sorts. 7. That no person here in these Articles mentioned shall be in their march, Rendezvouz, or Quarters stopped, searched, or plundered, upon any pretence whatsoever. That two Officers be appointed by you, the one for accommodation of free quarters for Officers, Soldiers, and others, and the other for providing of horses and carriages for our baggage and train. 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 known and enacted Laws of the Land, either to live at their own 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 sequestered, or not sequestered, and that they may rest quietly at their abodes, and travel 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 may have liberty to go beyond the seas at any time within three months, as their occasions shall require. 10. That the Lines, Forts, Castle, and all other Fortifications about or in the City, be forthwith slighted, and the City stated in the same condition it was before the beginning of this unnatural war, and that the Parliament during this war place no garrison in it. 11. That no Churches be defaced, that the several members of the foundation of this Cathedral 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 Oaths be imposed upon any person now in this City, Suburbs, and Liberties, other than such as are required by the ancient and enacted Laws of this Land. 13. That the Major, Sherriffes, Aldermen and Citizens, within this Corporation of the City of Bristol, shall be free in their persons and Estates, and enjoy all their Privileges, Liberties, and Immunities, in as full and ample manner as formerly at any time they did before the beginning of this War; And that they have freedom of trade both by land and Sea, paying such customs 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 no Freequarters be put upon them without their own 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 Months to dispose of their Goods as they please. 16. That there be no Plundering, or taking away of any man's person or any part of his Estate under what pretence soever, and that Justice, according to the known and enacted Laws of the land, be administered to all persons within this City, by the civil Magistrates. 17. And for the performance of all these Articles, I expect such Hostages to be given as I shall accept of, and hereunto I 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 Majesty's honour, and the safety of the Kingdom, and what may become Sir Sept. 7. 1645. Your servant RUPERT. Upon perusal of which Sir Thomas Fairfax returns this answer. SIR, I Have perused your Propositions, wherein some things are doubtfully expressed, other things inconsistent to the duty I own to them I serve, notwithstanding to the end I may give assurance, that I earnestly desire to save effusion of blood, and the ruin of a City, and people, that may be so serviceable to the Crown and Kingdom; 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 Soldier, 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 Privilege 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 enclosed sent you the names of three Commissioners, who upon the return of Hostages of equal condition unto me, shall attend your Hignner sufficiently instructed to conclude on my part; Provided the said Treaty be ended by nine of the clock this night, and to this I desire your Answer within the space of an hour, and remain Septemb. 7. 1645. Your Highness' humble Servant, Tho. Fairfax. The names of Commissioners, for whom if a Treaty be admitted, I desire a safe Convoy by this Bearer. Colonel Ireton, Commissary General of Horse. Colonel Fleetwood. Colonel Pickering. His Highness replied in these words. SIR, I Thought I had sufficiently explained myself in my Propositions, and that there was nothing doubtful, or could be inconsistent with the duty you own to them you serve, but since it seems otherwise to you, I desire you would set down your doubts and exceptions in writing, to which you shall have a speedy answer from, Septemb. 7. 1645. Your servant, RUPERT. Which occasioned this following Letter, and Propositions from Sir Thomas Fairfax. SIR, 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 delays, to avoid 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 go, and what I demand, from which by God's blessing I shall not recede; I have observed the order of your own Propositions, and upon every one have granted what is honourable for your Highness, 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 down, as near at I could in your own words, so fare as I found them clear, 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 myself before God, and the world, from what evil shall ensue upon your refusal; If you except the terms, having here sent two Copies sealed and signed by me, I shall expect that you return one of them Signed and sealed by yourself, also to be brought back to me this day by six of the clock in the evening at furthest, otherwise I shall conclude your refusal, and account myself absolved, save from the desire of being, Sir, Stapleton 8 Sept. 1645. Your Highness' Humble servant, Tho, Fairfax. Articles of agreement for the Surrender of the City of Bristol, with the Castle and Forts thereof, between his Highness' Prince Rupert, and his Excellency Sir Tho, Fairfax, made Sept. 8. 1645. THat his Highness' Prince Rupert, and all Noblemen, Commanders, Officers, Gentlemen and Soldiers, and all other persons whatsoever now resident in the City of Bristol, and the Castle and Ports thereof, shall have free liberty to march away out of the said City, Castle and Forts, with their Arms, flying Colours, Drums beating, Trumpets sounding, Pistols cocked, swords drawnt, Matches lighted, Bullet in their mouths, every Foot soldier his Bandiliers full of Powder, with Match proportionable, and every Horseman his Flask full of Powder, with all the Bag and baggage, Horses and furuiture, four pieces 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 persuade any Officer or Soldier belonging to Prince Rupert, from their Regiments or Colours with any promise of preferment or reward. 4. That all such Officers and Soldiers that are hurt or sick, and cannot now march out of the City, Castle, and Forts, shall have liberty to stay until they be recovered, and then have safe conduct to go wheresoever they please, either to any of his Majesty's Armies, or Garrisons or their own houses, where they may live quiet, and that in the interim they shall be protected by Sir Tho. Fairfax, and have civil 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 King's Armies or Garrisons which the Prince shall name, not exceeding fifty miles from Bristol, 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 days allowed from their marching out of Bristol, and free quarter by the way during the same space, and shall have carriage horses, and Wanes with teams provided sufficient for Carriages of all sorts from quarter to quarter, they giving caution forthwith to return 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 train. 8. That all the Citizens of Bristol, resiant within the City, Suburbs, and Liberties thereof, and all Noblemen, Gentlemen, Clergymen, and others resiant within the same, that have not otherwise been engaged in Arms, 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 own disposal, according to the known and enacted Laws 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 sequestered, as well as those that are not sequestered and that they may quietly rest at their abodes, or travel freely and safely upon their occasions, and for their removal of their goods, shall have such liberty, as is hereafter provided in the fifteen Article. 9 That all or any of the persons , who shall desire to go beyond the Seas upon their private occasions, and shall give assurance from henceforth not to bear Arms or act any thing against the Parliament, or to the prejudice of their Affairs, shall have liberty to pass to any place beyond the Seas any time within three months. 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 several Members of the foundation of the Cathedral in Bristol, 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 Clergy men of their quality continuing in the protection and obedience of the Parliament. 12. That no Oaths other than such as are required by the enacted laws 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 General, or any other by his authority. 13. That the Major, Sheriffs, Aldermen, and Citizens within the Corporation of the City of Bristol shall be free in their persons and estates, and enjoy all their Privileges, Liberties, and Immunities in as full and ample manner as formerly before the beginning of this War, and shall have freedom of trade by Land and Sea to all places, and with all persons not in hostility against the Parliament, paying such Duties and Customs to the Officers appointed by the Parliament, as formerly they have done to his Majesty, 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 King's 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 Arms against the Parliament, do come in within one month 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 month to dispose of their said goods as they please, except it be Arms or Ammunition. 16. That there shall be no plundering admitted under what pretence soever, nor any taking away of any man's person, or any part of his estate contrary to these Articles, and that Justice according to the known Laws of this Land be administered to all persons within this City by the civil Magistrates. 17. That in consideration hereof, the City of Bristol, with the Castle, and all the Forts and Fortifications thereof, without any slighting or defacing thereof, and all the Ordnance, Arms, Ammunition, and other furniture and provisions of war therein, without diminution or imbezlement (excepting what is allowed to be carried as before) shall be delivered up to Sir Tho. Fairfax on Tuesday morning next by nine of the clock, 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 spoil the town, 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 sixth and seventh Articles, shall not have any violence offered or done to them by any of the King's forces during the said eight days allowed for the Prince his March, and seven days more for their return to the Army. 20. That sufficient Hostages shall be delivered immediately upon Signing hereof for performance of those Articles on both parts, Signed and Sealed. Tho. Fairfax. Wherein his Highness finding sundry omissions of several clauses, and some Propositions totally left out, returned him this Letter with the Postscript. SIR, 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 blood, and for the welfare of this place with which I am entrusted, 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 firm as I proposed them, to which if you will assent, I will then send Commissioners unto you to regulate, and settle all things between us, which will occasion me to rest. Sept. 8. 1645. Your servant Rupert. SIR, I have returned you your propositions again, finding many alterations and omissions in them, very prejudicial to those whom I am obliged in honour, and am resolved to protect. But Sir Thomas Fairfax being constant to his own Propositions gave this answer. SIR, I Have offered what is fair for your honour, and the townsmen's immunity, and for what I demanded, I can accept no less, except I should grant all for nothing, and though for that point of the Townsmen security, I shallbe 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 chief intended. As you have thus far had your end therein, I have not lost mine, that is, to make my proceed more clear, and innocent before God and the world, and having done this, I can with a clear confidence trust God for a better issue in an other way; you have my resolution, which if you accept not, I desire nothing further but the return of my trumpet by noon, and that he may not be detained as formerly. I remain Sir. Sept. 9 1645. Your highness' humble servant Tho: Fairfax. Hereupon his Highness and the Commanders, resolving not to break off nor conclude the Treaty until that they might hear from the King, unless forced thereunto, returned this Answer. His Highness his Answer. SIR, HOw fair 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 Soldiers that are under my protection, of whom I am bound to have an equal care with myself, and am sorry to find so ill a construction made of my fair proceed 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 Kingdom, to which the slighting of the Castle, Forts and works was the most conducible means, since that can only settle this City in the condition of its former peace, and might have been a leading precedent to the happiness of the whole Kingdom. Thus you may see the reality of my ends, which since you took the liberty to question, give me leave to tell you, that yours have not been such to me as you have professed before God and the world, by what I have seen under your hand and seal proposed to others, nevertheless I shall never decline to embrace any overture that tends to the general peace of this Nation, and in particular of this City, and those under my protection and command, which is the only endeavour and study of Sir. Sept. 9 1645. Your servant Rupert. UPon the tenth of September the enemy stormed the line generally, about two in the morning, and his Highness having received intelligence a little before of it, all were in a readiness to receive them, they entered the line where the Townsmen and new-welch were, as at Stokes-croft gate, where the Officer in chief who was Major of the Town was slain in the place, and at Laffords gate, where many of the Officers and Soldiers were taken and killed, and the same time they stormed Pryor Hill Fort, and took it, which was the loss of the whole line, they being beaten of in the other parts of the Town, than the day breaking we found them in full possession of the line and fort, which caused our horse and foot to retreat to the great sort, who were presently commanded into the City to make that good, leaving the other works sufficiently manned, as Golsons fort, Brandon hill, and the new Redoute with out the line; finding ourselves in this condition, and considering the engagement of those within the City and Castle, and that the Lord Hawley, Sir Matthew Appleyard, and Colonel Slingesby with their men were in danger to be cut off, the enemy being between us and them, his highness was moved by the Officers to entertain a treaty in time, before those were lost, his Highness 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 Man's & Colonel Henry Tillier, the first thing proposed was a cessation of arms, and in the mean time every one to keep his post. They first proposed his Highness' former propositions, but our condition being then altered, and they sensible of their own success, 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 behalf of his Highness' Prince Rupert, and his Excellency Sir Thomas is Fairfax, for the surrender of the City of Bristol. Sept. 10. 1645. 1. THat his Highness' Prince Rupert, and all Noblemen, Commanders, Officers, Gentlemen, and Soldiers, and all other persons whatsoever now residing in the City of Bristol 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 Highness, all Noblemen, Gentlemen, and Officers in Commission, with their Horses and Arms, and their servants with their Horses and Swords, and Common Soldiers, with their Swords, the Prince his lifeguard of Horse, with their Horses and Arms, 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 shall plundered, searched, or molested. 2. That such Officers and Soldiers as shallbe sick or wounded in the City, Castle, and Forts, shall have liberty to stay until their recovery, and then have safe conduct to go 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 days 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 wagons for their baggage if they have occasion to use the same. 4. That all the Citizens of Bristol, and all Noblemen, Gentlemen, Clergymen, and all other persons residing in the said City and suburbs of the same, shallbe saved from all plunder and violence, and be secured in their persons and estates, from the violence of the Soldier, 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 Bristol 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) shallbe delivered up to Sir Thomas Fairfax on thursday the eleventh of this month, by three of the clock in the afternoon, without any diminution or imbezlement, his Highness' 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 spoil the town, or any person in it, or carry out any thing but what is properly their own. 7. That upon signing these articles Colonel Okey, and all persons now in prison in the City of Bristol, 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 remain with him until the City be delivered unto him. 9 That neither the Convoy, nor Officers sent with the Prince, shall receive any injury in their going or coming bache, and shall have seven days allowed for their return. 10. That upon delivery of the town sufficient hostages be given for performance of the articles on both parts. Signed by us the Commissioners appointed on the behalf of his Highness' Prince. Rupert, William Vavafour, John Man's, Henry Tillier. Signed by us the Commissioners appointed on the behalf of his Excellency Sir Thomas Fairfax. E. Montague, Tho: Rainsborow, I. Pickering. But in that particular point of laying down our fire arms, there could be no conclusion made without his Highness' pleasure first known, who thereupon called all the Commanders to deliver their opinions therein, and upon full debate they concluded, as by their subscriptions appears, that if better conditions could not be obtained, then to accept of those It is our general opinion that if better conditions cannot be granted, we assent to the leaving of the fire arms, of the private Soldiers. Rupert, Horatio Carey, Io. Steward, Ed. Manwaring, Tho. Leigh Will. powel, john Russell William Monday, Tho. Daniel, 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 insolences of the Soldiers, his Highness sent to Sir Thomas Fairfax, that the Articles were violated, and that if there was not a present redress, he would stand upon his own defence, and rather die then suffer those injuries, and thereupon for his Highness' satisfaction we had liberty to march with our arms unto our quarters. For some days before the approach of the Enemy, and during the whole siege, his Highness received not any letter from his Majesty, nor from the Prince of, Wales, nor from any general, or minister of state, until his coming to Cyrencister, only the Governor of Hereford signified the rising of the Scots, and their marching towards Gloucester, and a desire to have some ammunition from him. Notwithstanding his Highness made several dispatches by all the convenient means he could. The Well in the great fort was not half finished, the water scant, and troubled, and far insufficient for the use of the numbers that were there. It may be objected that notwithstanding the enemy's power and force, and their entering the line, yet the Castle and great Fort might have held out so long that probably relief might have come, and that therefore there was not any pressing necessity to precipitate the rendition of those places. To which this is replied, that any timely relief was utterly improbable, considering that during the whole siege, his Highness near received any intelligence from his Majesty, nor from the West, and though his Highness well knew in what condition his Majesty's Army was, yet if his Majesty could have drawn together all the power he expected, the enemy could have blocked up the Castle, and Fort, and have advanced twelve thousand men to have fought a battle, or else have secured themselves within the line against all opposition, besides they were so absolutely masters of all the passes, & had so barricadoed up the ways, that a small force might have hindered a great Army. And at that time General Poyntz so closely observed his Majesty's motions that relief was as improbable to be expected as easy to be desired. And his Highness could not promise himself any more likelihood of succours from the West, Bridgewater, Sherborne, and other interjacent Garrisons, being already reduced by the Enemy, and Colonel Massey lying with a considerable body of Horse and Foot in places of advantage ready to intercept and stop the Lord Goring. Moreover had there been any probability of relief in any reasonable time, yet the line being forced 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 been exposed to the ●e and fury of the enemy, so many gallant men who had so long and faithfully served his Majesty, 〈…〉 his Highness' conceived himself in honour, obliged to preserve as dear as his own) had been left to the slaughter and rage of a prevailing enemy. Nevertheless, although these reasons were of that validity, that his Highness could but despair of relief, yet another important consideration was in itself singly sufficient to exclude all credence of possibility, which was that the Scots, upon removal from Hereford, marched to Gloucester, where their whole body was the eighth of September, an intermediate place, near which his Majesty must have marched, and can any rational man imagine them so stupidly unactive, as to suffer his Majesty to pass so near them without opposition, considering what effective Forces they had, and their Commanders neither ignorant or idle to entertain oppertunities for action. CHARLES R. WHereas our right dear & entirely beloved Nephew, P. Rupert did at a council of war, held by us at Newark the 18. of this instant Octob. there being then present Our right trusty and well-beloved Cousin, and Counsellor Montague E. of Lindsey, Lord great Chamberlain of England, Our right trusty, and right well-beloved Cousin, Richard Earl of Cork, Our right trusty & well-beloved Jacob Lord Astley field Martial General of Our Army; John Lord Bellasis, Captain General of Our Horse guards; and Charles Lord Gerrard, Lieutenant-generall of all Our Horse forces; Our trusty and well-beloved Sir Richard Willis, Knight and Baronet, Governor of Newarke, and John Ashburnham Esquire, Our Treasurer at War, desire to clear himself for the rendering of the City and Garrison of Bristol 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 rendering of those places, which being accordingly read and considered; We were then pleased to say, that We 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 withal 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 relief; Our design being so laid as that in probability it would have succeeded, to which our said right dear Nephew answered, that what ever he did therein, was by the advice of the Council of war of that Garrison, & that he could not in his judgement possibly expect such relief, besides he alleged that he had not received from Us any intimation thereof, but said, that if he had, he would have maintained those places to the last man, though the tender regard he had to the preservation of so many Officers and Soldiers, was the chief reason that induced him to capitulate for the whole, they having so long and faithfully served Us, all which Our said right Dear Nephew humbly submitted to Our judgement. Who upon which at a second hearing before Ourself 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 dear 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 concur 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 sign Manual at Our Court at Newark this 21 of October, 1645. FINIS.