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A91306	A true and full relation of the prosecution, arraignment, tryall, and condemnation of Nathaniel Fiennes, late colonell and governor of the city and castle of Bristoll, before a councell of war held at Saint Albans during nine dayes space, in December, 1643. Touching his cowardly and traytorly surrendering of this city and castle, with all the canon, ammunition, arms, magazines, prisoners and colours therein to the enemy, in lesse then three whole dayes siege, before any outwork taken, or the least battery or assault agains the city or castle walls; to the ineffable losse, danger and prejudice of the whole kingdom. Set forth at the earnest desire of many persons of quality, to vindicate the verity of this much disguised action, prosecution, tryall, sentence, and some subsequent proceedings; ... / By William Prynne and Clement Walker, Esqs;	Prynne, William, 1600-1669.; Walker, Clement, 1595-1651.	1644 (1644)	Wing P4111; Thomason E255_1; ESTC R210055	195,553	170

for which his Temporalties should be seized and whatever monies he had received from the King and imployed to his owne use he should presently make full paiment thereof into the Kings Treasury without delay or difficulty Had he been a Lay-man his censure had proved capitall and more rigorous Here we have all Colonell Fiennes excuses pleaded to justifie this action First the saving not of a body of 1500 but 7000 English-men to serve the State whose lives were all endangered not in a garrison Towne or Castle well victualed or ammunitioned as those in Bristoll were but lying on the open sands without defence and that not in their owne native soile but beyond the seas in an enemies countrey Secondly Despaire of timely reliefe and greater want of Victuals then was in Bristoll where there was too much plenty Thirdly a Letter from the King himselfe injoining the Bishop to quit the Towne to the enemy in case they wanted Victuals as he alledged they did when as Colonell Fiennes received no such Letter from the Parliament or his Excellency to quit or yeeld up Bristoll Fourthly this Towne was won from the enemy by the Bishop himselfe not immediately committed to him to guard by the King or Parliament as Bristoll was to the Defendant who had lesse right to surrender Bristoll then this Bishop Gravelin being his owne conquest Fifthly he did not yeeld up the Towne with all the Cannon Armes and provisions in it to the enemy as the Defendant did Bristoll but onely demolished it and sleighted the Fortifications departing thence with bag baggage cannon and his men yet notwithstanding all these particulars and the gallant service this martiall Bishop had done in this Expedition he incurred this heavie censure and had his Temporalties seized divers yeers for his Fine and Ransome And if he deserved such a censure no doubt the Defendant deserves a far greater notwithstanding his excuses The fourth president is that of Sir William de Elmham Sir John Tryvet Sir Henry de Ferrers and Sir William de Farendon Knights and Robert Fitz-Ralph Esquire impeached in the Parliament of 7. R. 2. rot Par. n. 24. for surrendring the Towne and castle of Burburgh to the enemy and receiving monies for the Armes Victuals Prisoners and goods within the same To the which Sir William de Elmham and most of the others pleaded that they were enforced to surrender the Towne and castle to the enemy of fine force for the salvation of themselves the Garrison and people therein the enemy having besieged and assaulted it in very great number and set the Towne on fire within who would have taken it by force and taken or slaine all those within it had they not yeelded it by agreement And that the monies they received was onely for the Prisoners Victuals and other goods within the same not for the surrendring of the Towne it selfe Yet notwithstanding this excuse was adjudged insufficient and the parties ordered to make full paiment to the King of all the monies received from the enemy to stand committed to prison to make ransome at the Kings will according to the quantity of their severall offences and Sir William de Farendon left to the Kings mercy both for his body and goods to doe with them what he pleased Here we have a Towne assaulted by a multitude of enemies fired in part and thereupon a surrender upon composition to save the Officers and Souldiers from being taken or slame by the enemy yea a better market then the Defendant made at Bristoll even a sale of the prisoners Victuals and goods in the Towne to the enemy for money when endangered to be all surprised by force yet this was judged no excuse Therefore certainly the Defendants pretended necessity and danger of forcing the Towne by the enemy not halfe so reall as this cannot excuse his crime nor extenuate his guilt nor yet his pretence of saving his Officers and Garrisons lives and estates to doe the Parliament service else where The fift president is that famous case of William de Weston in the Parliament of 1. R. 2 num 38 39 40. The Commons in this Parliament prayed that all those Captaines who had rendred or lost Castles or Townes through their default might be put to answer it in this present Parliament and severely punished according to their deserts by award of the Lords and Barons to eschew the evill examples they had given to other Governours of Townes and castles Whereupon Iohn de Gomineys whose case I began with and William de Weston then detained Prisoners in the Tower because they had lost and rendered the Kings Townes and castles to the enemies were brought by the Constable of the Tower before the Lords in full Parliament in the White chamber where Weston by the Lords command was arraigned by Sir Richard Lescop Steward of the Kings house in manners following William de Weston you took upon you from the most puissant Prince whom God ass●ile Sir Edward late King of England Grand-father to our Lord the King that now is safely to keep to him and his heires Kings of England the castle of Outhrewyke without surrendring it to any one but to the said Grand father or to his said heires or by command from him or from his said heires have you William who are a Liege man of our Lord the King in times of the same our Lord the King who now is true heire to the said Grand-father delivered and surrendred the same to the enemies of our Lord the King without command from him to the dishonour or dammage of him and his Crowne and of the estate of his Realme of England against your allegeance and undertaking aforesaid What will ye say hereunto Whereupon the said William put in his finall Answer in this behalfe To the most sage Counsell of our Lord the King and to the other Lords and Commons of the Parliament supplicates and sheweth William de Weston that albeit he be accused of this that he hath maliciously rendred the castle of Outhrewyke of which he had the custody by delivery and assignment of our Lord the King may it please your sage and just discretion to have the said William excused thereof for these causes ensuing First of all may it please you to remember how that the said William was lately informed by a Spie that a great power of the enemies would come upon him to besiege the said castle with very great and very grievous Ordnances whereupon he the said William presently by his Atturney and by his Letters required of the said Councell that it would please them to re-enforce the said castle with more men for the defence and safeguard thereof in regard that the Garrison of the said castle that then was were not halfe sufficient in respect of multitude to resist so great a force in so large a place but in conclusion for all this he could not have any succour from the said Councell And so the said William not at

the said towne was taken upon the said Robert and two of the Sonnes of the said Robert there slaine in the defence of the same Notwithstanding because that the said Baron himselfe had taken upon him the safeguard of the said towne to the said Grandfather and departed himself from thence without command of the said Grandfather and the said towne of Barwick was lost in the absence of the Baron he being in the company of the said Grandfather in the parts of France as is aforesaid It was adjudged by advice of the said Grandfather the King of Castile who is present the Nobles Dukes and Counts Henry late Duke of Lancaster the late Earle of Northumberland and Stafford and Sir Walter de Manny that the said towne was lost in default of the said Baron and for this cause he had judgement of life and member and that he should forfeit all that he had and to render his judgement in these words the said Sir Walter had a command from the said Grandfather Which things considered and this also that you William surrendred the said castle of Outhrewyke to the enemies of our Lord the King aforesaid without any duresse or want of Victuals against your allegeance and undertaking aforesaid the Lords abovementioned sitting here in full Parliament adjudge you to death and that you shall be drawne and hanged But because that our Lord the King is not yet informed of the manner of this judgement the execution thereof shall be respited untill the King be informed thereof Whereupon it was commanded to the said Constable safely to keep the said William untill he had other command from our Lord the King This case is very punctuall this judgment fatall to the Defendant wherein all his former pleas and far better then he could make are over-ruled against him long since even in full Parliament First this Weston as soon as he heard of the enemies approaches and intent to besiege Outhrewyke castle sent post to the Councell and to the Governour of Calice acquainting them with the weaknesse of the Garrison and craving present aid as the Defendant pretended he sent to his Excellency yet could receive no supplies from either Secondly his Garrison was not halfe enough to resist the enemies great power neither had he meanes to encrease it when as Bristoll garrison was abundantly sufficient to resist the enemy and the Defendant might have doubled it had he pleased there being 6000 or 8000 able men more in the towne whom he might have imployed in its defence Thirdly there were 8400 enemies before it as many or more then were before Bristoll and but 50 men onely in the castle to defend it whereas there were 2000 foot and 300 horse at least to guard Bristoll a vast disproportion Fourthly they had nine great Peeces of battery a great Ram or Morter-peece greater then ever were seen in those parts before with many other Engines as many or more then the enemy had at Bristoll Fifthly the siege battery and assault thereof continued from Munday till Saturday whereas Bristoll was besieged onely from Munday till Wednesday noone not halfe so long and then yeelded upon parley Sixtly all the walls and houses of the Castle were beaten downe and battered exceedingly and the ditches drained of the water by trenches and all their barricado's beaten downe yet they still held it out whereas not one shot at all was so much as made against the Castle or walls of Bristoll but against the Out-works onely Seventhly after the walls and barricado's were thus broken downe and the ditch drained they manfully repulsed the enemy who fiercely assaulted it and slew divers of them with the losse and wounding of some of the garrison whereas Bristoll Castle and the body of the Towne were yeelded up before the least battery Mine or Assault Eighthly they made all things ready for an assault planting all their Ordnance Engines Galleries and Faggots close to the Castle-ditch and sent two severall Heraulds and Messengers to him for a Parley ere he would treat whereas the Defendant before any battery or assault against the City or Castle sent out twice to the enemy for a Parley with so much haste that he would not hearken to any who would beat them out or oppose or delay the Treaty Ninthly twelve of his fifty men were by this time slaine sick and wounded so that he had onely 38 left to make good the castle thus battered and assaulted with so great a power whereas the Defendant lost but eight men at most and had at least 2300 horse and foot when he fell to parley Tenthly he surrendred the Castle by the advice of a generall Councell of War upon better grounds then the Defendant yeelded up Bristoll to wit because the wals were beaten downe the garrison over small to defend it the enemy very likely to force it by the assault no present reliefe neare at hand and to save his owne with the Souldiers lives and goods which else were indangered to be lost none of which the Defendant can justly alledge as we have manifested Eleventhly he made the most of an ill bargaine by selling the Victuals and Prisoners in it to the French for 1500 Franks with which he paid his Souldiers their arrears of wages discharged the debts of the castle owing for Victuals and defrayed the charges of their passage into England whereas the Defendant yeelded up all the Prisoners and Victuals to the enemy gratis with which provisions the ships that brought over the Irish Souldiers were victualled and left the State to pay the Souldiers arreares and other debts contracted by him there amounting to many thousand pounds which ought to be made good out of his owne estate Therefore in these respects he ought to undergoe the selfe same judgement of death and to be drawne and hanged much more justly then he To these Presidents Col. Fiennes Answered 1. That these Governours had all of them Commissions under the great Seale of England to keep these Townes and Castles and that made their offence so great but hee had no such Commission under the great Seale of England to bee Governour of Bristoll and this he conceived differenced the cases much To which Mr Prynne replyed First that the Defendant was much mistaken in this point for these Towns and Castles lying in France if the Commissions of their Governourships were under any Seale it was under the great Seale of France not of England as appeares by the expresse Statute of 14. E. 3. Stat. 4. 1. H. 6. Rot. Parl. Num. 14. 15. Secondly that the great Seal being carried from the Parliament when his Commission was granted he could not expect any such Commission under the great Seal but from the King himselfe in opposition to the Parliament to whom he surrendred Bristoll perchance for want of a Commission under the great Seal to keep it Thirdly if this were a good plea or warrantable distinction then all the Governours of Towns and

likewise at that instant ingaged in other publike services for the State of great moment the other a prisoner they thereupon drew up two severall Petitions to the Parliament and his Excellency for a publike triall of this cause within London or Westminster The Petition to his Excellency presented by Master Prynne was this To his Excellency ROBERT Earle of Essex c. Lord Generall of the Parliaments Forces The humble Petition of Clement Walker Prisoner in the Tower and William Prynne Esquires Shewing THat your Petitioners on Friday last in the evening received two severall Notes in writing with Papers inclosed both of them without any name date direction pretended to be Copies of a Proclamation issued by your Excellency brought to us by a Foot-boy not from your Excellency or any of your Officers or a Councell of Warre or by direction from either but from Colonell Nathaniel Fiennes himselfe and in his name whereby we are by name particularly required to appeare before a Councell of Warre on Thursday next to be held in the Army to justifie such things as we have severally published in print some of them by authority of the Committee of the House of Commons for printing touching his surrenrender of Bristoll whereof he was late Governour and to give in our informations of any thing done by him or his Officers in that action contrary to the Rules of War and honour of Souldiers without any expression of the time of the day where or certaine quarter of the Army now dispersed into sundry remote places where the said Counsell shall be held or appearance made In regard of which illegal Summons and uncertainties as likewise of the short warning to prepare our witnesses and your Petitioner Walkers present imprisonment in the Tower by the said late Governours practise and procurement your Petitioners though most willing to prove and desirous to justifie before all the world what ever they have published touching the said Colonels surrender of Bristoll for the Kingdomes future security and terror of all pusilanimous Commanders who shall dishonourably betray their trust are yet altogether disabled to performe this service unlesse they may have free liberty a certaine place of appearance and competent time assigned them to prepare their impeachments and witnesses in this leading case of generall consequence and concernment to the whole Realme In tender consideration whereof and for that divers Members of the Honorable House of Commons are or must be interessed in this common cause as Parties or Witnesses whose presence will be necessary at the hearing your Petitioners for the more easie speedy publike solemne triall hereof humbly supplicate your Excellency to assigne them a competent time and place within the City of London or Westminster where they and their witnesses may be personally and fully heard touching the premises before a general Counsell of War in the presence of such Members of both Houses as shall voluntarily or by Order repaire to the said triall where your Petitioners at their perill shall by Gods assistance be ready to make good their severall Allegations against the said Governour who cannot but readily joyne with them in this their just request if so innocent or injured as he pretends And your Petitioners c. His Excellencies Answer to it was that he would talke with Colonell Fiennes about it The Petition to the Parliament was to like effect and the House upon reading thereof referred the businesse wholly to my Lord Generals direction These Petitions though they received no other Answers yet gave occasion to Colonell Fiennes to procure an Adjournment of the Counsell of Warre to a farther day which was posted up at Westminster and the Exchange in this forme Whereas a Councell of Warre was to be held this day at Windsor about the delivering up of the City of Bristoll and whereas the Plaintiffes have Petitioned for longer time to bring in their proofes and the Armie being upon its remove whereby divers Officers whose presence is needfull are likely to be hindred from giving their attendance The said Counsell is adjourned till this day fortnight Dat. 19. October 1643. Essex By this time the Colonell finding his Prosecutors thus publikely ingaged by himselfe resolute to proceed for their Countreyes common service and security and that they were neither daunted nor discouraged by all his flourishes and devises having thus contrary to his expectation brought his foot into the snare out of which he could not draw it againe thereupon his heart as false to him in other things as in the defence of Bristoll did so much mis-give him that taking advantage of the imployments and absence of some Officers in the Army from the head quarter he procured sixe or seven successive adjournments of the day of triall some of them after a perremtory to be set up at Westminster thereby to tire out the Prosecutors which they perceiving thereupon drew up their Articles of Impeachment against him which annexing to a Petition they exhibited to the House of Commons to prevent all just exceptions of breach of priviledge and quicken and expidite the triall The Articles are the same hereafter mentioned The Petition as followeth To the Honourable the Knights Citizens and Burgesses in the COMMONS House of PARLIAMENT assembled The humble Petition of Clement Walker and William Prynne Esquires Shewing THat the businesse of the surrender of Bristoll to the Enemy by Colonell Nathaniel Fiennes late Governour thereof to the irrecoverable losse and danger of the whole Kingdome was upon his owne motion made of purpose as we conceive to evade or delay the examination thereof referred by Your Order to a Counsell of Warre since which the Colonell hath caused severall papers in his Excellencies name to be posted up at Westminster hall gate and Exchange to put a flourish on that action requiring your Petitioners by name though never yet served with any Warrant and one of them ever since deteined a Prisoner to hinder the prosecution to eppeare before a Counsell of Warre to informe against the said Colonell touching that businesse without expressing any certaine place where it should be held which Counsell hath beene since thrice adjourned to no place at all or to a remote one if any and is like still to be adjourned by reason of the Armies motion whereby your Petitioners now publikely engaged by the said Colonell himselfe effectually to prosecute him for the common good and future security of the Realm shall be either disabled or retarded to bring that cause to a full and speedy publique triall as they desire In regard therefore that the said Colonell is a Member of this Honourable House the businesse on his part misrepresented by him in the House wee not yet heard the witnesses in or neere London some of them Members of the House not conveniently drawne to the Army without great expence others of them suddenly to disperse themselves into the West and Northerne parts the businesse of great concernment to the whole Kingdome to

many Inhabitants of this City who have lost their estates thereby and this a leading case to others of like nature not fit to be hudled up in a corner since anciently tried only in Parliament and now thence transmitted only by the said Colonels owne motion Your Petitioners humbly desire your Honours out of your zeale to publique justice to order that this cause may have a faire and speedy tryall upon the Articles of Impeachment hereto annexed against the said Colonell which we are ready to prove at our perils either in full Parliament according to ancient use or at a generall Counsell of Warre to be held publiquely within London or Westminster at a set time and place in the presence of your Honours concerned in it in the Kingdomes behalfe which they humbly conceive the said Colonell if faultlesse will readily condiscend to and that he upon these our Articles of Impeachment may according to ancient presidents and the present examples of Master Waller Sir Iohn Hotham and his sonne with others of like nature be forthwith committed to safe custody till the tryall And your Petitioners desirous of nothing herein but the Republiques and your Honours safety and service shall ever pray c. Clement Walker William Prynne This Petition by reason of other occasions though daily and earnestly sollicited could not gaine Audience in ten dayes space and then a day being appointed for its reading Col. Fiennes and his friends who had notice of it endeavoured to suppresse it as soone as read and the Articles too some of them excepting against the word hudled up in the Petition as scandalous to his Excellency and the Councell of warre though not so intended and Col. Fiennes his own expression in a paper to Mr. Pryn others of them pretending the Articles of Impeachment annexed to the Petition were as great a breach of the priviledge of Parliament as that Impeachment against the five Members though done only in pursuance of the Colonels owne motions and the Houses own Orders who had formerly referred him to the triall of a Councell of warre and so the cases no wayes parallel moved that they might be sealed up and suppressed before they were heard or read and the Petitioners brought to the Barre and proceeded against criminally for the same so much Art and Policy was there used to retard and take off this Prosecution But at last after long debate in the House upon the reading of Mr Prynnes forecited Letter to the Colonell who there produced it by way of complaint desiring it might be read thinking thereby to lay up Mr Prynne in Prison as he had done Mr Walker and so to be suddenly quit of his Prosecutors with Honour and Triumph the House quite contrary to his expectation made these ensuing Votes for the reading of the Articles and recommending them to his Excellency Die Mercurii 15. Novembris 1643. THe humble Petition of Clement Walker and William Prynne Esquires concerning Mr Nathaniel Fiennes and the surrender of Bristoll was this day read in the House of Commons and Articles of accusation of the said Mr Fiennes touching the surrender of the said City of Bristoll and Castle were this day likewise presented to the said House A Letter from Mr Prynne to Mr Nathaniel Fiennes was likewise read Ordered by the House of Commons that as they shall be carefull that there shall be a faire and equall Triall of Mr Nathaniel Fiennes so they will take the Petition of the Petitioners and the Articles after the Triall into consideration in as much as it shall concerne my Lord Generall and the Councell of Warre and as it shall concerne the Priviledge of Parliament Resolved c. That the Articles entituled Articles of accusation and impeachment against Colonell Nathaniel Fiennes late Governour of the City and Castle of Bristoll touching the dishonourable surrender thereof to the Enemy contrary to his Trust and duty by Clement Walker and William Prynne Esquires shall be now read The said Articles and Impeachment were accordingly read The Petition and Articles were signed Clement Walker and William Prynne and they were both called in and at the Barre being demanded whether the names subscribed were of their owne hand writing did avow the names to bee of their owne hand writing and did avow the said Petition and Articles Ordered that a Copy of these Articles attested under the Clerks hand bee forthwith sent to my Lord Generall H. Elsynge Cler. Parl. D. Com. These Votes soone after drew on the long-delayed Triall put off by severall adjournments from the 19. of October till the 14 of December so long were these Gentlemen ere they could bring the Beare to stake notwithstanding his many vapouring flourishes of purpose to abuse the world which before this were discovered by most to be no better then fig-leaves to cover his shame withall After all these undermining endeavours of Colonell Fiennes to suppresse retard discourage and tire out his Prosecutors came the long expected day of Triall at Saint Albanes upon Thursday the 14 of December 1643. where Mr Walker and Mr Prynne appearing before a select Honourable Councell of Warre designed and assembled to heare this cause in a Roome adjoyning to the Town-Hall Dr Doresla Judge Advocate of the Army there demanded of them whether they had any Articles of Impeachment drawne against Colonell Fiennes To which Mr Prynne replied that he being a Member of the House of Commons they had exhibited their Articles to that House who by Order had sent a Copy of them to his Excellency upon which they were to proceed Which the Advocate thereupon acknowledging my Lord Roberts President of the Councell of warre commanded him to read the said Order and Articles sent together with it as soone as the Order was read Mr Prynne tendred a copy of the Articles of impeachment under Mr Walkers and his owne hands agreeing with those delivered to the House which he averred they were there ready to make good in each particular desiring the Councell to proceed upon them because the other was but a copy which they had not subscribed but this they now tendred an originall which was assented to Upon this Dr Dorisla the Iudge Advocate was commanded to read the Articles but Mr Prynne then perceiving the doores kept close contrary to expectation and all Persons Auditors but themselves alone excluded and fearing that by this meanes a doore would be opened to Colonell Fiennes and his party to misreport the proceedings of this Triall as they had done the Relation of the siege and surrender of Bristoll before the reading of the Articles made this request to the Councell that this hearing might be as publike as the cause it selfe and as that place could afford the doore set open and none excluded the rather because himselfe and Mr Walker being no chalengers but chalenged were engaged in this Prosecution not in their own particular interests but the Republikes and that by speciall Order of Parliament the representative

families for three months space or more into the said Castle where the said Colonell promised to secure and defend the same most of which their Estates were there seized on by the Enemy to their undoing by reason the said Colonell admitted the Enemies into the said castle and delivered up the keyes thereof unto them before the houre agreed on in the Articles such was his extraordinary haste to quit the same 9 Item That the said Colonell to aggravate this his dishonourable action hath presumed to justifie the same not onely before the Honourable House of Commons by word of mouth but likewise before the whole Kingdome and world in Printed Relations and Letters wherein he hath laid an extraordinary great Blemish both upon the Honourable Houses of Parliament and his Excellence the Earl of Essex their L. General by publishing in Print that had he manfully held out the said city and castle to the last yet he could not have expected any reliefe from them in six or eight weekes space at the least when as Glocester since Besieged with far greater force then Bristoll was yet relieved by them in lesse then halfe the time as Bristoli doubtlesse might and would have beene and held out a full moneths siege or more as Bristoll might have done though he the said Colonell to add to his former offence and hinder or anticipate the relief of Glocester that it might be lost as Bristoll was gave out in speeches to some Members of the house of Commons and others and namely to Master Samuel Browne and Master Iohn Sedgwick that he would lose his head or be hanged if Glocester could or would hold out three dayes siege if the Enemy once came before it or words to the like effect 10 Item That the said city and castle were so cowardly and unworthily delivered up to the Enemies that they have since published in Print and given out in speeches that the said Colonell Fiennes did bestow the same upon his Majesty that they were delivered up to them beyond their expectation and that they could not have taken the same had it been defended by the Governour who eventually at least if not intentionally did but strongly fortifie and plentifully store the same with all manner of provisions to make it Tenable at the Kingdoms and the Countreys extraordinary expence to render up the same to the Enemies with greater advantage to them and far more prejudice and dammage to the Common-wealth as soon as it was made defensible Clement Walker William Prynne The Answer of Col. Nathaniel Fiennes to the Articles exhibited by Clement Walker and VVilliam Prynne 1. TO the first Article Colonell Fiennes denieth that he did suddenly apprehend imprison and remove from the Government of the city and castle of Bristoll Col. Thomas Essex the Governour thereof upon pretence that he intended to deliver up the same into the hands of the common enemies of the Kingdom and Parliament or upon any pretended cause whatsoever or that Col. Thomas Essex was ever Governour of the said city or castle but doth acknowledge that soon after his comming to Bristoll by an expresse Order from his Excellency written all with his owne hand he did send unto him Col. Thomas Essex who at that time commanded a Regiment in that city and as hee is well assured that his Excellency had very good cause to send that Order to him although he knew nothing before it came unto him so hee did not put it in execution but upon mature deliberation and advice with most of the wisest and best affected Gentlemen to the Parliament and of the best quality in the Towne and Countrey and upon good cause appearing unto him and that for the security and preservation of that city which in all probabilities could not otherwise at that time have beene secured And he doth further deny that thereupon or at any time after he did seek or desire the Government of that city for himselfe But on the contrary that he did seek and endeavour to be freed from that employment and that not in complement but really earnestly frequently as hee is ready to make good by proofe And lastly he doth deny That ever hee undertook to the Parliament or my Lord Generall to make good that City or Castle or that ever he had anycharge of the Castle as a Fort or otherwise then hee had of any Church or house in the City but on the contrary That he did from time to time declare that he could not keep that City in the condition it was and that it would certainly fall into the hands of the Enemy unlesse better provision were made for it and that he would not be answerable for it unlesse certaine propositions which he sent to the Parliament or something equivalent thereunto might be granted unto him which he could never obtaine And further the affirmeth That he never did undertake not to surrender the said City or Castle both or either of them without the previous consent and Order of the Parliament or that the Parliament ever did or in reason and justice could require any such undertaking of him or that he did or ever would have undertaken it all which hee is ready to make good by proofe 2. To the second Article Col. Fiennes doth acknowledge that not many dayes after his sending away Col. Essex by the blessing of God upon his care and vigillance he discovered and defeated a wicked conspiracy plotted between divers Inhabitants of the city of Bristoll and some of the Officers of Col. Essex his Regiment for the delivering up of that city into the hands of Prince Rupert and other common Enemies of the Kingdom and Parliament and thereupon apprehending and imprisoning divers of the Conspirators and thereby disappointing the design of the Enemy hee was a meanes under God at that time of preserving that city for which he received publike thanks by a Letter from both Houses of Parliament which he hath to shew and after by vertue of a Commission from his Excellencie by Order of both Houses of Parliament he called a Councell of Warre whereof himselfe was appointed President by the said Commission and by that Councell of Warre divers of the Conspirators after due try all were condemned and the sentence of death passed upon them which sentence Col. Fiennss did forbeare to put in execution till such time as he had acquainted the House of Parliament and his Excellencie therewith and the grounds thereof and then by his Excellencies command according to a Vote of the House of Commons hee did execute two of the principall Conspiratours viz. M. Yeomans and M. Butcher notwithstanding the importunity and most earnest intercession of the Mayor and Aldermen and divers of the city to the contrary and the threats and desperate speeches given out by the Malignants although it so happened at that time that a considerable strength was drawne forth of the Town to

not helpe it for that Colonell Fiennes had drawne the souldiers to a wrong Gate where the convoy of horse was by agreement appointed to attend their comming forth I further affirme there were neare upon two thousand foot in the Towne besides three hundred horse and Dragoons Anthony Gale Novemb. 9. 1643. The Deposition of Stephen Radford I Stephen Radford Ensigne to Captaine Bagnall at the time of the siege and surrender of Bristoll affirme upon Oath that Captaine Bagnalls company in which this Deponent then served as Ensigne maintained the Workes by the Pest-house and by New-found Land and hearing that the enemy had entred the Line between Wind-mill Hill and Brandon Hill Forts this Deponent went thither to see whether it were true or no and found that about 150. as he guessed had entred the Line and were sitting together by the Red Lodge who gave fire upon this Deponent as soone as they saw him but this Deponent hastened away towards the Line and could not perceive that any more had entred whereupon this Deponent went to the Governour Nathaniell Fiennes acquainting him how few there were of the enemy that had entred what strength of our defendants were at the Line and how desirous they were to fall upon those which were entred and to make up the breach the Governour charged this Deponent upon paine of death that the souldiers should not fall upon the enemy but draw off from the Line and come into the Town whereupon this Deponent desiring to know the Reasons why he would not suffer them to fall upon the enemies entred the said Governour replyed * because if they should doe so the enemy would enter in a greater number and falling in upon our souldiers in the reare would hem them in and cut them off This is the effect of what I heard and saw and I further affirme that I seldome or never observed the said Governour to give any words of incouragement or money to the souldiers during the siege Stephen Radford The Deposition of Iames Powell I Iames Powell of Bristoll one of the Trained Souldiers of that City being there during the late siege thereof do attest upon my Oath that Col. Nath. Fiennes late Governour of the City and Castle of Bristoll did before the siege thereof in my hearing promise and give out in speeches that he would defend the same against the enemy to the utmost and dispute every inch of ground from the Forts to the Gates and if they won it they should win it by inches and from the Gates of the City to the Castle which he would defend to the last And that upon the said speeches and promises and intimation from the said Governour he this Deponent did send in three or foure moneths provisions or more into the Castle for himselfe and his Family and did bring the greatest part of his estate thither conceiving the said Castle to be strong and tenable and that he should have been there secured though the City had been forced by the enemies who afterwards besieging the said City were severall times manfully repulsed with great losse of many of their men and but few of ours And when some of them had entred the Line in one place the rest in all other places being beaten off on the Wednesday morning when they last stormed it this Deponent repaired to the said Governour in the morning and desired him earnestly to beate them out againe after which the Enginere told this Deponent that he with one hundred men would undertake to beate them out that were entred And further saith that when the said City and Castle were surrendred to the enemy the Out-forts thereof were not taken nor the walls of the Castle battered neither were they besieged above foure daies and that he lost his goods in the Castle which the enemy seised on Iames Powell Iames Powell likewise attested Viva voce upon Oath before the Counsel where the defendant produced him as a principall witnesse for him That there might have been raised in Bristoll over and above the Garrison and souldiers in it during the siege at least six or eight thousand able men fit for service Judge then whether he had any want of men when as he might have raised so many thousands there The Testimony of William Deane I William Deane of the City of Bristoll Baker lately one of the Traine Souldiers there serving under Captaine Grig in Prior-hill Fort when the same was lately besieged by Prince Rupert and the Kings forces doe testifie upon my Oath that Col. Nath. Fiennes late Governour of the said City and Castle thereof did two or three weekes before the siege thereof cause publike Proclamation to be made That all Inhabitants of this City should furnish themselves with three moneths provisions for them and their families and intimation was given then likewise to this Deponent and divers best affected to the Parliaments service to send in part of their estates into the Castle to be there secured in case the City should be taken with three moneths provision or more whereupon this Deponent sent part of his estate and provision for himselfe and his family for at least three moneths into the said Castle presuming that the Governour would have defended it to the uttermost And he further deposeth that on Wednesday morning the twenty sixth of Iuly last the enemy stormed the Out-workes of the said City very furiously but were generally repulsed with extraordinary slaughter of their men and namely at Prior-hill Fort where this Deponent served where they flew and hurt many of the enemies * without the hurt or losse of any one of their men and made them retire in disorder and that morning a few of the enemies conceived not above two hundred or thereabouts having entred within the Line neere the Colledge Greene thereupon one came riding Post in a furred Cap to the Fort and Lyne where this Deponent was commanding the souldiers there upon paine of death to come off thence and retire into the City for the Cavaliers had taken the Towne which the souldiers not beleeving having then newly beaten off the enemy with great losse from that quarter sent this Deponent to know the truth thereof who repairing to the maine Guard they informed him that all was well in the City and elsewhere whereupon he returned presently to his companions that sent him acquainting them therewith and within one quarter of an houre after another came riding up to the said Fort and Line crying out Gentlemen what doe you meane you must under paine of death come off from the Line and Workes And immediatly after a third Horse-man came saying Gentlemen under paine of death stand to your Armes upon which contradictory messages this Deponent was sent by his company to know what they should doe who meeting the said Governour in the streete at the Pitty-heard by accident used these words to him Noble Governour we are commanded upon paine