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A92098 A declaration of His Highness Prince Rupert. With a narrative of the state and condition of the city and garrison of Bristoll, when his Highnesse Prince Rupert came thither: of the actions there during the siege, of the treaties, and rendition thereof. Rupert, Prince, Count Palatine, 1619-1682. 1645 (1645) Wing R2294; Thomason E308_32; ESTC R200409 18,995 36

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thereupon for his Highnes satisfaction we had liberty to march with our armes unto our quarters For some dayes before the approach of the Enemy and during the whole siege his Highnes received not any letter from his Majesty nor from the Prince of Wales nor from any generall or minister of state untill his comming to Cyrencister only the Governour of Hereford signified the rising of the Scots and their marching towards Gloucester and a desire to have some ammunition from him Notwithstanding his Highnes made severall dispatches by all the convenient meanes he could The Well in the great fort was not halfe finished the water scant and troubled and farr insufficient for the use of the numbers that were there It may be objected that notwithstanding the enemies power and force and their entring the line yet the Castle and great Fort might have held out so long that probably reliefe might have come and that therefore there was not any pressing necessity to precipitate the rendition of those places To which this is replyed that any timely reliefe was utterly improbable considering that during the whole siege his Highnes neer received any intelligence from his Majesty nor from the VVest and though his Highnes well knew in what condition his Majesties Army was yet if his Majesty could have drawne together all the power he expected the enemy could have blockt up the Castle and Fort and have advanced twelve thousand men to have fought a battell or else have secured themselves within the line against all opposition besides they were so absolutely masters of all the passes had so barracado'd up the wayes that a small force might have hindred a great Army And at that time Generall Poyntz so closely observed his Majesties motions that releife was as improbable to be expected as easy to be desired And his Highnes could not promise himselfe any more likelyhood of succours from the VVest Bridgewater Sherborne and other interjacent Garrisons being already reduced by the Enemy and Collonel Massey lying with a considerable body of Horse and Foote in places of advantage ready to intercept and stop the Lord Goring Moreover had there been any probability of reliefe in any reasonable time yet the line being forc't Pryor hill Fort an important place lost the Officer to whose trust it was committed diserting it who never since that time appeared the City had thereby beene exposed to the ●e and fury of the enemy so many gallant men who had so long and faithfully served his Majesty 〈…〉 his Highnes conceived himselfe in honour obliged to preserve as dearely as his owne had beene left to the slaughter and rage of a prevailing enemy Neverthelesse although these reasons were of that validity that his Highnes could but despaire of reliefe yet another important consideration was in it selfe singly sufficient to exclude all credence of possibility which was that the Scots upon removall from Hereford march't to Gloucester where their whole body was the eighth of September an intermediate place neare which his Majesty must have march't and can any rationall man imagine them so stupidly unactive as to suffer his Majesty to passe so neare them without opposition considering what effective Forces they had and their Commanders neither ignorant or idle to entertaine oppertunities for action CHARLES R. WHereas our right deare entirely beloved Nephew P. Rupert did at a councel of war held by us at Newark the 18. of this instāt Octob. there being then present Our right trusty and welbeloved Cosin and Counceller Mountague E. of Lindsey Lord great Chamberlain of England Our right trusty and right welbeloved Cosin Richard Earle of Cork Our right trusty welbeloved Jacob Lord Astley field Marshall Generall of Our Army John Lord Bellasis Captaine Generall of Our Horse guards and Charles Lord Gerrard Lievtenant-Generall of all Our Horse forces Our trusty and welbeloved Sir Richard Willis Knight and Baronet Governour of Newarke and John Ashburnham Esquire Our Treasurer at VVar desire to cleare himselfe for the rendring of the City and Garrison of Bristoll with the Castle and Forts thereof and thereupon produced a Narrative of the matter of fact during the said siege with the Articles for the rendring of those places which being accordingly read and considered VVe were then pleased to say that VVe did not believe Our said Nephew to be guilty of any the least want of courage or sidelity to Us in the doing thereof but withall We believed that he might have kept the Castle and Fort a longer time We having absolutely resolved speedily to have drawn together all the Forces we possibly could and to have hazarded our own Person for his reliefe Our designe being so laid as that in probability it would have succeeded to which our said right dear Nephew answered that what ever he did therin was by the advice of the Councel of war of that Garrison that he could not in his judgement possibly expect such reliefe besides he alleaged that he had not received from Us any intimation thereof but said that if he had hee would have maintained those places to the last man though the tender regard he had to the preservation of so many Officers and Souldiers was the chiefe reason that induced him to capitulate for the whole they having so long and faithfully served Us all which Our said right Deare Nephew humbly submitted to Our judgement Who upon which at a second hearing before Our Selfe this 21 day of October the Lords and others above named being then likewise present and upon a serious consideration of the whole matter We were then pleased to declare that we were fully satisfied that our said Right deare Nephew Prince Rupert is not guilty of any the least want of courage or fidelity to Us or our service in that action and We then gave leave to the Lords and others above specified to declare their opinions in that point Who upon Our leave and a full consideration of the narrative formerly delivered did unanimously concurre with Us Declaring likewise that our said Right Dear Nephew is not guilty of any the least want of courage or fidelity to Us or Our Service in that action Given under Our signe Manuall at Our Court at Newark this 21 of October 1645. FINIS
of the City Forts and Castle of Bristol and being willing to joyne with you for the sparing of blood and preserving of His Majesties subjects I have upon those grounds and none other sent you these following Propositions 1. That my selfe all Noblemen Commanders Officers Gentlemun and Souldiers of Horse and Foot that have served either His Majesty or Parliament in England or elsewhere as likewise all persons whatsoever men or women now resident here in this City of Bristol Castle and Forts thereof shall have free libertie to march away out of the said Citie Castle and Forts with their Armes flying Colours Drummes beating Trumpets sounding Pistols cockt Swords drawne Matches lighted on both ends Bullets in their mouthes and as much Powder as they can carry about them with all their Bagge and Baggage Horses Armes and other Furniture ten pieces of Cannon fifty barrels of Powder and Match and Bullet proportionable 2. That neither my own Person nor the person of any Nobleman Commander Officer Gentleman or Souldier or any other of mine or their Retinues be searched molested or troubled upon what pretence soever but left to their liberties to depart or stay as it shall be most convenient for them 3. That none of your Army whatsoever shall entice or perswade any Officer or Souldier of mine from their Regiments or Colours with any promise of preferment or rewards 4. That all such Officers and Souldiers that are hurt and sicke and cannot now march out of this City Castle and Forts shall have liberty to stay untill they be recovered and then have safe conduct to goe wheresoever they please either to any of His Majesties Armies or Garrisons or their owne houses where they may live quiet in the interim they being sicke and hurt may be protected by you and have civill usage That all prisoners taken on both sides since the beginning of this siege be forthwith set at liberty 6. That my selfe and those above-mentioned be not required to march further in a day then what conveniently we may and that a day or two of rest may be allowed upon our march if we shall finde it requisite and that we be accommodated with free quarters during our march and a sufficient convoy to any of the Kings Armies or Garrisons which I shall name to secure us in our quarter and upon our march from injuries and incivilities that shall any way be offered unto us and likewise that there be one hundred and fifty carriage-horses and forty Waines with sufficient Teames provided for carriages of all sorts 7. That no person here in these Articles mentioned shall be in their march Rendezvouz or Quarters stopt searched or plundered upon any pretence whatsoever That two Officers be appointed by you the one for accommodation of free quarters for Officers Souldiers and others and the other for providing of horses and carriages for our baggage and traine 8. That all Noblemen Gentlemen Clergymen Citizens Resiants and any other person within the City Suburbs or liberties of the City of Bristol shall at any time when they please have free liberty to remove themselves their goods and families and to dispose thereof at their pleasures according to the knowne and enacted Lawes of the Land either to live at their owne houses or elsewhere and to enjoy their houses lands goods and estates without any molestation and to have protections for that purpose and this Article to extend to all whose estates are sequestred or not sequestred and that they may rest quietly at their abodes and travell freely and safely upon their occasions and for their better removeall they may have Letters of safe conduct with horses and carriages at reasonable rates upon demand 9. That all persons above-mentioned may have liberty to goe beyond the seas at any time within three moneths as their occasions shall require 10. That the Lines Forts Castle and all other Fortifications about or in the City be forthwith sleighted and the City stated in the same condition it was before the beginning of this unnaturall war and that the Parliament during this war place no garrison in it 11. That no Churches be defaced that the severall members of the foundation of this Cathedrall shall quietly enjoy their houses and Revenues belonging to their places and that the Ministers like wise of this City may enjoy their Benefices without any trouble 12. That no Oathes be imposed upon any person now in this City Suburbs and Liberties other then such as are required by the ancient and enacted Lawes of this Land 13. That the Major Sherriffes Aldermen and Cittizens within this Corporation of the City of Bristoll shall be free in their persons and Estates and enjoy all their Priviledges Liberties and Immunities in as full and ample maner as formerly at any time they did before the beginning of this Warre And that they have freedome of trade both by land and Sea paying such customes and duties as formerly they have done to His Majesty and that no Mulct nor Fine be imposed upon any person mentioned in this Article or questioned for any Act or thing done before the day of our marching forth upon any pretence whatsoever And that noe Freequarters be put upon them without their owne consents 14. That all other persons whose dwellings are in this City and now absent may have the full benefit of these Articles as if they were present 15. That all Noblemen Gentlemen and others who have Goods in this City and now present or absent may have liberty at any time within three Moneths to dispose of their Goods as they please 16. That there be no Plundering or taking away of any mans person or any part of his Estate under what pretence soever and that Justice according to the knowne and enacted Lawes of the land be administred to all persons within this City by the civill Magistrates 17. And for the performance of all these Articles J expect such Hostages to be given as J shall accept of and hereunto J desire your speedy answer Sir by this you may evidently perceive my inclination to peace and you may be assured that I shall desire nothing but what shall be with relation to his Majesties honour and the saftie of the Kingdome and what may become Sir Sept. 7. 1645. Your servant RUPERT Vpon perusall of which Sir Thomas Fairfax returns this answer SIR I Have perused your Propositions wherin some things are doubtfully expressed other things inconsistent to the duty I owe to them I serve notwithstanding to the end I may give assurance that I earnestly desire to save effusion of blood and the ruine of a City and people that may be so serviceable to the Crowne and Kingdome If your Highness please that Commissioners may treat between us concerning the accommodating of things I hope to make it evident to the world that what shall respect the honour of a Souldier due civilities to all men the good and welfare of the people of that City both in
passing by what is past and restoring them to the Priviledge of all other subjects and to the immunities of their City will readily be condescended unto by Me as becomes a Gentleman and a Christian And to the end no time may be lost I have here inclosed sent you the names of three Commissioners who upon the returne of Hostages of equall condition unto me shall attend your Hignner sufficiently instructed to conclude on my part Provided the said Treaty bee ended by nine of the clock this night and to this I desire your Answer within the space of an houre and remaine Septemb. 7. 1645. Your Highnesse humble Servant Tho. Fairfax The names of Commissioners for whom if a Treaty be admitted I desire a safe Convoy by this Bearer Collonell Ireton Commissary Generall of Horse Collonel Fleetwood Collonel Pickering His Highnesse reply'd in these words SIR I Thought I had sufficiently explained my selfe in my Propositions and that there was nothing doubtfull or could be inconsistent with the duty you owe to them you serve but since it seemes otherwise to you I desire you would set downe your doubts and exceptions in writing to which you shall have a speedy answer from 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 delayes to avoyd which and to bring these overtures to a speedy resolution I have here sent you what I am willing to grant beyond which I may not goe and what I demand from which by Gods blessing I shall not recede I have observed the order of your owne Propositions and upon every one have granted what is honourable for your Highnesse or the safety and welfare of the City to have and fit for me in honour and faithfulness to them I serve to give and this I have set downe as neere at I could in your owne words so farre as I found them cleare though with some repetitions of the same things By all this I hope I have sufficiently evidenced my tenderness of blood and of this City and have cleared my selfe before God and the world from what evill shall ensue upon your refusall If you except the tearmes having here sent two Copies sealed and signed by me I shall expect that you returne one of them Signed and sealed by your selfe also to bee brought back to me this day by six of the clock in the evening at furthest otherwise I shall conclude your refusall and account my selfe absolved save from the desire of being Sir Stapleton 8 Sept. 1645. Your Highnesse Humble servant Tho Fairfax Articles of agreement for the Surrender of the City of Bristoll with the Castle and Forts thereof betweene his Highness Prince Rupert and his Excellencie Sir Tho Fairfax made Sept. 8. 1645. THat his Highnesse Prince Rupert and all Noblemen Commanders Officers Gentlemen and Souldiers and all other persons whatsoever now resident in the City of Bristoll and the Castle and Ports thereof shall have free liberty to march away out of the said City Castle and Forts with their Armes flying Colours Drums beating Trumpets sounding Pistols cockt swords drawnt Matches lighted Bullet in their mouthes every Foot souldier his Bandiliers full of Powder with Match proportionable and every Horseman his Flaske full of Powder with all the Bag and baggage Horses and furuiture foure peeces of Ordnance twenty barrels of Powder match and bullet proportionable 2. That none of the Persons aforementioned or of their Retin es shall be searched molested or troubled upon what pretence soever 3. That none of the Parliament Army whatsoever shall entice or perswade any Officer or Souldier belonging to Prince Rupert from their Regiments or Colours with any promise of preferment or reward 4. That all such Officers and Souldiers that are hurt or sicke and cannot now march out of the City Castle and Forts shall have liberty to stay untill they be recovered and then have safe conduct to goe wheresoever they please either to any of his Majesties Armies or Garrisons or their owne houses where they may live quiet and that in the interim they shall be protected by Sir Tho. Fairfax and have civill usage 5. That all Prisoners taken on both sides since the beginning of this Siege be forthwith set at liberty 6. That the Persons above mentioned that are to march away shall have a sufficient Convoy to any of the Kings Armies or Garrisons which the Prince shall name not exceeding fifty miles from Bristoll to secure them in their march from all injuries and incivilities that shall or may be offered to them for which march they shall have eight dayes allowed from their marching out of Bristoll and free quarter by the way during the same space and shall have carriage horses and Waines with teames provided sufficient for Carriages of all sorts from quarter to quarter they giving caution forthwith to returne the same immediately 7. That none of the Persons above mentioned shall be in their said march rendezvous or quarters searched _____ plundered upon any pretence whatsoever and that two Officers shall be appointed by Sir Thomas Fairfax the one for accommodation of Quarters for them by the way the other for providing of horses and carriages for the baggage and traine 8. That all the Citizens of Bristoll resiant within the City Suburbs and Liberties thereof and all Noblemen Gentlemen Clergy-men and others resiant within the same that have not otherwise beene engaged in Armes or hostility against the Parliament then in defence of the said City Castle or Forts shall freely enjoy the liberty of their persons and also of their houses lands goods and estates at their owne disposall according to the knowne and enacted Lawes of the Land they continuing from henceforth either in the said City or elsewhere under the obedience and protection of the Parliament and this Article to extend to those of them whose estates are sequestred as well as those that are not sequestred and that they may quietly rest at their abodes or travell freely and safely upon their occasions and for their removal of their goods shall have such liberty as is hereafter provided in the fifteene Article 9. That all or any of the persons above-mentioned who shall desire to goe beyond the Seas upon their private occasions and shall give assurance from henceforth not to beare Armes or act any thing against the Parliament or to the prejudice of their Affaires shall have liberty to passe to any place beyond the Seas any time within three moneths 10. That no Garrison save the Citizens themselves shall without their consent be put into the City except in the Castle and Forts and what force shall be placed therein shall be maintained at the charge of the State
11. That no Churches be defaced that the severall Members of the foundation of the Cathedrall in Bristoll shall quietly enjoy their houses belonging to their places and for the Revenues of them as also the Ministers of the City for their Benefices they shall be in the same state and condition with other Clergie men of their quality continuing in the protection and obedience of the Parliament 12. That no Oaths other then such as are required by the enacted lawes of the Land shall be imposed upon any person that now is and shall continue in the said City Suburbs and Liberties either by the Generall or any other by his authority 13. That the Major Sheriffs Aldermen and Citizens within the Corporation of the City of Bristoll shall be free in their persons and estates and enjoy all their Priviledges Liberties and Immunities in as full and ample manner as formerly before the beginning of this Warre and shall have freedome of trade by Land and Sea to all places and with all persons not in hostility against the Parliament paying such Duties and Customes to the Officers appointed by the Parliament as formerly they have done to his Majestie and that no Mulct or Fine be imposed on any person mentioned in this Article nor any of them questioned upon pretence of any act or thing done or committed before the date hereof the Kings Forces marching forth as aforesaid and that no free quarters shall be put upon them without their own consents 14. That all other persons whose dwellings are in this City and now absent shall have the full benefit of these Articles as if they were present provided that such of them as are elsewhere in Armes against the Parliament doe come in within one moneth after the date hereof 15. That all Noblemen Gentlemen and others who have goods in the said City and are now present or absent shall have liberty at any time within one moneth to dispose of their said goods as they please except it be Armes or Ammunition 16. That there shall be no plundering admitted under what pretence soever nor any taking away of any mans person or any part of his estate contrary to these Articles and that Justice according to the knowne Lawes of this Land be administred to all persons within this City by the civill Magistrates 17. That in consideration hereof the City of Bristoll with the Castle and all the Forts and Fortifications thereof without any sleighting or defacing thereof and all the Ordnance Armes Ammunition and other furniture and provisions of warre therein without diminution or imbezlement excepting what is allowed to be carryed as before shall be delivered up to Sir Tho. Fairfax on Tuesday morning next by nine of the clocke at which time the Prince with all the persons mentioned in the first Article that march out then naming what Army or Garrison of the Kings he will march unto 18. That none of them in their marching out or before shall plunder hurt or spoile the towne or any person in it nor carry out any thing but what is properly their own except before excepted 19. That the Convoy and two Officers to be sent with the Prince as before in the sixt and seventh Articles shall not have any violence offered or done to them by any of the Kings forces during the said eight dayes allowed for the Prince his March and seven dayes more for their returne to the Army 20. That sufficient Hostages shall be delivered immediately upon Signing hereof for performance of those Articles on both parts Signed and Sealed Tho. Fairfax Wherein his Highnesse finding sundry omissions of severall 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 intrusted I am willing so far to assent unto you as to leave the Castle undemolished but for the other forts and lines to have them absolutely slighted and for all the other arricles to stand firme as I proposed them to which if you will assent I will then send Commissioners unto you to regulate and settle all things betweene us which will occasion me to rest Sept. 8. 1645. Your servant Rupert SIR I have returned you your propositions again finding many alterations and omissions in them very prejudiciall to those whom I am obliged in honour and am resolved to protect But Sir Thomas Fairfax being constant to his owne Propositions gave this answer SIR I Have offered what is faire for your honour and the townesmens immunity and for what I demanded I can accept no lesse except I should grant all for nothing and though for that point of the Townesmen security I shal be most willing to supply any thing that might be thought wanting in my offers yet to admit a new consideration upon your propositions would tend to and I doubt end in nothing else but further delay for by all your letters and the whole carriage in this businenesse I find the advantage of time wholly or chiefly intended As you have thus far had your end therein I have not lost mine that is to make my proceedings more cleare and innocent before God and the world and having done this I can with a cleare confidence trust God for a better issue in an other way you have my resolution which if you accept not I desire nothing further but the returne of my trumpet by noone and that he may not be detayned as formerly I remaine Sir Sept. 9. 1645. Your highnes humble servant Tho Fairfax Hereupon his Highnes and the Commanders resolving not to breake off nor conclude the Treaty untill that they might heare from the King unlesse forced thereunto returned this Answer His Highnesse his Answer SIR HOw faire your offers are to my honour I hope you will give me the liberty to judge finding you wanting in your care of the Noblemen Commanders and Souldiers that are under my protection of whom I am bound to have an equall care with my selfe and am sorry to find so ill a construction made of my faire proceedings and intentions in this my intercourse of Letters since you interpret that a delay which on my part was but a compliance to what you propounded tending to the prevention of effusion of blood and to the good of the Kingdome to which the sleighting of the Castle Forts and workes was the most conduceable meanes since that can only settle this City in the condition of its former peace and might have bin a leading president to the happinesse of the whole Kingdome Thus you may see the reallity of my ends which since you tooke the liberty to question give me leave to tell you that yours have not beene such to me as you have profest before God and the world by what I have seene under your hand and
seale proposed to others neverthelesse I shall never decline to embrace any overture that tends to the generall peace of this Nation and in particular of this City and those under my protection and command which is the only indeavour and study of Sir Sept. 9. 1645. Your servant Rupert UPon the tenth of September the enemy stormed the line generally about two in the morning and his Highnes having received intelligence a little before of it all were in a readinesse to receive them they entred the line where the Townesmen and new-VVelch were as at Stokes-croft gate where the Officer in cheife who was Major of the Towne was slaine in the place and at Laffords gate where many of the Officers and Souldiers were taken and killed and the same time they stormed Pryor Hill Fort and tooke it which was the losse of the whole line they being beaten of in the other parts of the Town then the day breaking we found them in full possession of the line and fort which caused our horse and foote to retreate to the great sort who were presently commanded into the City to make that good leaving the other workes sufficiently manned as Golsons fort Brandon hil and the new Redoute with out the line finding our selves in this condition and considering the engagement of those within the City and Castle and that the Lord Hawley Sir Matthew Appleyard and Collonel Slingesby with their men were in danger to be cut off the enemy being betweene us and them his highnes was moved by the Officers to entertaine a treaty in time before those were lost his Highnes condescending thereunto sent a trumpet to Sir Thomas Fairfax to know whether he would treat or not who accepting it Commissioners were nominated on our part Sir William Vavasour Sir John Mennes Collonel Henry Tillier the first thing proposed was a cessation of armes and in the meane time every one to keepe his post They first proposed his Highnes former propositions but our condition being then altred and they sensible of their owne successe would not admit them but would treat upon new propositions which after long debate were as followeth Articles of agreement between the Commissioners appointed on the behalfe of his Highnes Prince Rupert and his Excellency Sir Thomas is Fairfax for the surrender of the City of Bristoll Sept. 10. 1645. 1. THat his Highnes Prince Rupert and all Noblemen Commanders Officers Gentlemen and Souldiers and all other persons whatsoever now residing in the City of Bristoll and the Castle and Forts thereof shall march out of the said City Castle and Forts thereof with Colours Pikes and Drums Bag and Baggage The Prince his Highnes all Noblemen Gentlemen and Officers in Commission with their Horses and Armes and their servants with their Horses and Swords and Common Souldiers with their Swords the Prince his life-guard of Horse with their Horses and Armes and two hundred and fifty Horse besides to be disposed of by the Prince And his lifeguard of firelocks with their Arms and each one of them one pound of powder and a proportion of bullet and that none of the persons who are to march out upon this article shalle plundered searched or molested 2. That such Officers and Souldiers as shal be sicke or wounded in the City Castle and Forts shall have liberty to stay untill their recovery and then have safe conduct to goe to his Majesty and in the interim be protected 3. That the persons above mentioned who are to march away shall have a sufficient convoy provided for them for their security to any such Garrison of the Kings as the Prince shall name not exceeding fifty miles from Bristoli and shall have eight dayes allowed for their march thither and shall have free quarter by the way and shall have two Officers appointed to attend them for their accommodation and twenty waggons for their baggage if they have occasion to use the same 4. That all the Citizens of Bristoll and all Noblemen Gentlemen Clergymen and all other persons residing in the said City and suburbs of the same shal be saved from all plunder and violence and be secured in their persons and estates from the violence of the Souldier and shall enjoy those rights and liberties which other subjects enjoy under the protection and obedience of the Parliament 5. That in consideration hereof the City of Bristoll with the Castle and all the Forts and fortifications thereof without any slighting and defacing thereof and all the Ordnance Arms Ammunition and all other furniture and provisions of War excepting what is before allowed shal be delivered up to Sir Thomas Fairfax on thursday the eleventh of this month by three of the clocke in the afternoone without any diminution or imbezlement his Highnes Prince Rupert then naming to what Army or Garrison of the Kings he will march too 6. That none of the persons who are to march out on this agreement shall plunder hurt or spoyle the towne or any person in it or carry out any thing but what is properly their owne 7. That upon signing these articles Collonel Okey and all persons now in prison in the City of Bristoll the Castle or Forts of the same shall immediately be set at liberty 8. That sufficient hostages such as he shall approve be given to Sir Thomas Fairfax this night who are to remaine with him untill the City be delivered unto him 9. That neither the Convoy nor Officers sent with the Prince shall recieve any injury in their going or comming bache and shall have seaven dayes allowed for their returne 10. That upon delivery of the town sufficient hostages be given for performance of the articles on both parts Signed by us the Commissioners appointed on the behalfe of his Highnes Prince Rupert William Vavafour John Mennes Henry Tillier Signed by us the Commissioners appointed on the behalfe of his Excellency Sir Thomas Fairfax E. Mountague Tho Rainsborow I. Pickering But in that particular point of laying downe our fire armes there could be no conclusion made without his Highnes pleasure first knowne who thereupon called all the Commanders to deliver their opinions therein and upon full debate they concluded as by their subscriptions appeares that if better conditions could not be obtained then to accept of those It is our generall opinion that if better conditions cannot be granted we assent to the leaving of the fire armes of the private Souldiers Rupert Horatio Carey Io. Steward Ed. Manwaring Tho. Leigh Will. Powell Iohn Russell William Munday Tho. Daniell Mor Touchet B. De Gomme Ed. Hutchinson Theo. Kirton Wil. Preity Tho. Coningsby Fra. Radcliffe H. Ventris W. Symonds Rich. Price And thereupon there was a full conclusion of the Treaty The next day upon some insolencies of the Souldiers his Highnes sent to Sir Thomas Fairfax that the Articles were violated and that if there was not a present redresse he would stand upon his owne defence and rather dye then suffer those injuries and