a case of Bastardy hee hoped this Honourable Councell would now answer the Advocate in this case of our Impeachment Nolumus leges Angliae mutare quae hucusque usitatae sunt approbatae and so allow us a publike triall to satisfie both the Parliament and People whose eyes are fixed on it else if it should be private they would be apt to report it was hudled up in a corner for which innocent expression as we intended it St Albanes and this Councell in respect of London and the Parliament being but a corner so much exceptions was taken in the House against our Petition In fine he alleadged that Col. Fiennes himselfe who had made such publike professions of his innocency both before the House of Commons His Excellency and the World in printed Speeches Relations Letters had most cause to desire and least reason to decline an open triall since Truth and Innocency seek no corners and his Honour his Honesty now openly charged could not otherwise then openly be discharged no triall being publike enough for him who presumes his Innocency able to endure and professeth a desire to bring it to the touch that it may be cleered And if he should now decline an open triall after so many publike Bravadoes in London and elsewhere it would draw upon him a just suspition of guilt in most mens opinions since no man fleeth the light but he whose works are evill Upon this the Lord Roberts demanded of Mr Prynne what he meant by a publike triall whether only the reading of the Articles Answers producing of witnesses and managing the evidence to make good the Articles or else the Councels private debates of the cause among themselves after the hearing To which Mr Prynne replied that he meant only the former of these the Iudges debates many times in cases of difficulty being private after hearings till they come to deliver their resolutions in publique Hereupon all were cōmanded to withdraw and then one of the Councell after a short debate was sent to his Excellency to know his pleasure whether the Triall should be publique as the Prosecutors desired or private who returned answer that is should bee private with which resolution the Prosecutors being called in were acquainted Mr Prynne upon this answer desired that he might put in writing the Reasons he had suddenly offered to the Councell for an Open Triall that so they might be presented to his Excellency for that as he conceived he had not been made acquainted with them who upon consideration of them might happily alter his Resolution Upon which motion the Councell ordered the Iudge Advocate and Prosecutors to repaire to his Excellency to acquaint him with the former Reasons by word of mouth which they did very briefly But the Advocate informing his Excellency that it was against the priviledges of the Councell that the triall should be open he answered that he would not infringe the priviledges of the Councell whom he thought we seemed to distrust by demanding a publike triall which distrust we utterly denied being confident of their impartiall Iustice Upon returne of this Answer to the Councell by the Advocate we only as over-ruled herein chose rather to submit to a private triall of so publike a cause then to have it reported by Fiennes and his masters of calumny that we declined a triall because we were unable to make good our Impeachment And we do freely acknowledge and so must Col. Fiennes himselfe that both we and he had a very full Patient Iuditious Honourable faire hearing scarce paralell in any Age or time which continued nine dayes space when as Bristoll was lost in lesse then three most of the Councell diligently taking notes of what ever was pertinently alleadged on either side The manner of the Triall being thus setled our Articles of Impeachment were first read and then his Answer delivered in writing unto them which he had time to prepare from their first reading in the Commons House where he took a copy of them till this day of Triall The Articles and Answer to them here follow in order Articles of Accusation and Impeachment against Colonell Nathaniel Fiennes late Governour of the City and Castle of Bristoll touching his dishonourable surrender thereof to the enemy contrary to his Trust and Duty exhibited by Clement Walker and William Prynne Esquires in the behalfe of the Common-wealth of England 1. IN primis That he the said Colonell Nathaniel Fiennes did suddenly apprehend imprison and remove Colonell Thomas Essex late Governour of the said City and Castle from his government there upon pretence that hee intended to deliver up the same not then fully fortified or sufficiently provided to withstand any long siege into the hands of the common enemies of the Kingdome and Parliament contrary to the trust reposed in him and that hereupon hee the said Col. Fiennes obtained the government of the said City and Castle for himselfe and undertooke to defend and keep the same to the uttermost extremity against the said enemy for the use of the King and Parliament and not to surrender the said City and Castle or either of them to the said enemies or to any other person whatsoever without the previous consent and order of the Parliament 2. Item That the said Colonel soone after hee became Governour of the said City and Castle did by Martiall law apprehend condemne and execuse some chiefe Citizens thereof Namely Master Yeomans Master Butcher and others onely for intending to deliver up the same to Prince Rupert when he came first before Bristoll not then fully fortified and stored though they did not actually surrender the same 3. Item That he the said Colonel did put the Parliament Kingdom Countrey and City to a vast expence in fortifying and furnishing it and the Castle thereof with Forts Sconces Canons Ammunition Armes Victualls Provisions of all sorts and with Garrisons sufficiently able to defend and mantain the same for Three moneths space or more against all the power of the Enemies that might or did come against the same and did likewise promise and undertake to divers Gentlemen and Inhabitants thereof to defend the same for so long space or more in case they should be besieged 4. Item That he the said Colonell notwithstanding the premisses when the enemy came before the said City and Castle with no extraordinary Forces or Ammunition able to force the same and besieged them not above three dayes at the most did before ever the enemy had taken any of the out Forts or Sconces about the same or had made so much as the least battery or assault upon the walls of the said City or Castle or any myne or breach into any of the Forts thereof contrary to his former trust promises duty and the honour of a Souldier most dishonourably cowardly and traiterously delivered up the said City and Castle with all the Prisoners Canons Ammunition Artillery Armes Military Provisions Magazines Victualls therein and the very Colours
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
obliged Mr. Walker in point of duty as a Deputy Lieutenant and Committee of Parliament in those parts to publish in print An Answer in confutation of the said Relation thereby to vindicate the Truth and let the Parliament see they had not employed such a man as would palliardise Lies and become a pander unto Falshood Now had Fiennes beyond his expectation gotten two adversaries whom he must needs seemingly call into the List lest before the Counsell of Warre he might be thought to fight only with his own shadow presuming therefore more upon the strength of his friends then goodnesse of his Cause he resolved to make these two Gentlemen the subject of his Triumph he had lost one victory for his Country but would gain another for himselfe and lead Truth captive she should have been the Trophy to his Victory as well as Bristoll was to the Cavalliers and he should still be reputed a Man of Honour The better to compasse this Conquest the busines was projected by him in manner following Mr. Prynne must be privately dealt withall by Mr. Sprigge the Lord Sayes Sollicitor to retract his former Passage as scandalous and dishonourable to Colonell Fiennes and his Noble Family though neither of them are named or personated in in it which he refused to doe advising Col. Fiennes as his friend to rest quiet for feare he lost his head and subjected himselfe to a legall as well as a popular censure assuring him that if the businesse came to a publike examination if he understood any Law or Martiall Discipline it could not but prove capitall to him Mr. Prynne continuing thus inflexible protesting he would never betray the truth his Country or the Honour of the Parliament which had licensed his Master-piece to palliate an unworthy action in any his dearest friends and Mr. Walker being too stout to recant those Truths he had published in his Reply there was now no other remedy left this man of Armes to preserve his Head and Honour now at stake but these ensuing policies First he endeavours all he could to take off and disingage the Parliament from any avowed publique prosecution and examination of this unworthy surrender to keepe his Person exempted from all restraints to continue himselfe a Member of the House and have free recourse thereto without the least suspention the better to buoy up his sunck Reputation and deterre his Prosecutors from articling all Witnesses from appearing against him remaining still a Member which appeares by his subsequent exceptions to our Impeachment presented to the House as an high breach of Priviledge equall to that of the five Members Nex since Mr. Prynne and Mr. Walker had lost the best part of their Estates in the losse of Bristol it was contrived that the businesse should be made as troublesome as chargeable in the prosecution to them and their witnesses as could be notwithstanding they were engaged not out of any private interest but only for the publique that so the trouble and expence of the very Triall might forestall it And therefore upon the humble Petition of Nathaniell Fiennes and his Officers to his Excellency Mr. Prynne and Mr. Walker by the ensuing publique Proclamation posted up both at Westminster and the Exchange were commanded to appeare before a Councell of War to be held in the Army a place indefinite upon the 19. of October 1643. there to justifie what they had published or could alleadge against the said Colonell Fiemes or any of his Officers concerning the surrender of Bristoll WHereas upon the humble Petition of Colonell Nathaniell Fiennes late Governour of Bristoll and divers of his Officers I have appointed the nineteenth of this instant month of October being Thursday to receive an account concerning the surrender of the City of Bristoll at a Counsell of War to be held in the Army and whereas Mr. Clement Walker and Mr. William Prynne have published severall things in print tending to the dishonour of the said Colonell Nathaniell Fienne late Governour of Bristoll touching the surrender of that place they the said Clement Walker and William Prynne and all others who can shew any thing wherein the said Col. Nathaniell Fiennes then Governour of Bristoll or any of his Officers have done any thing in that action contrary to the rules of warre and honour of souldiers are required to appeare at the said Counsell of warre to give in their informations ESSEX Before this Proclamation was first pasted up at Westminster Master Walker by practise and procurement of the Colonell as he had cause to suspect and the sequell evidenced for some misconstruction made of a clause in his Answer to Col. Fiennes Relation was questioned in the House of Peers where this originall complaint was so soone waved by falling upon some collaterall words supposed to be spoken to Master Baker the Messenger but denyed by Mr. Walker for which Master Walker was suddenly fined and sent prisoner to the Tower as many conceived the first quarrell was not so much Causa data as quaesita of purpose to disable his prosecution of the cause Whereupon Colonell Fiennes having gained this advantage to shew his valour in trampling upon an imprisoned Antagonist stript both off his liberty and estate as his brother Iohn did his in cutting off Major Woods finger when two men held him fast sets forth a Reply to Mr. Walkers Answer of his Relation so fraught with lies a base lye and such like uneivill ignoble language in the Margin where all the lies were concentred as better became an Oyster-woman at Billinsgate then a Souldier or man of Honour and lost him exceedingly in all wise mens opinions Not contented herewith he likewise caused a scandalous Paper to be printed and dispersed about the streets intituled The true causes of the commitment of Master Clement Walker to the Tower and then posting up the forementioned Proclamation at Westminster Hall gate and the Exchange some two or three daies after to wit on the 13. of October about night he sent his foot-boy to the Tower to M. Walker with a Copy of it without any seal or subscription of his Excellencies name or other Summons inclosed in this Note SIR I Have sent you a Copy of my Lord Generalls Proclamation concerning the Counsell of Warre that is to be held on Thursday next concerning Bristoll I understand you are in restraint by Order of the Lords House not for your booke which you writ in answer to my Relation for that is referred by the House of Commons to a Counsell of War where I expect you should be to justifie what you have therein published to my dishonour but for words spoken by you against a Peere against the whole House of Peers yet so soone as the Lords House sits I will procure the House to be moved that you may have your liberty in such a manner as that you may be at the Counsell of War and make good there what you have published against me if
his Excellencies sending of him thither to take in command the citie and his confirming him there as Governour with the Parliaments consent was a commission sufficient to make him Governour de jure Thirdly that if his Excellency commanded an Officer by word of mouth alone without a commission under seale to lead any Brigade out upon service or to take in any towne or castle as he had lately commanded Major Skippon to take in and fortifie Newport-pannell this was Warrant enough to make him Governour both of the Brigade Towne Fort and if he should betray or basely deliver up that Brigade Towne or Fort when taken in he should be condemned for it by Martiall Law as a Traitor and the want of a commission would be no excuse to acquit him from being a Governour and betraying his trust Secondly that he removed and sent away Colonell Essex from Bristoll Mr Prynne proved it first by his owne printed Letter and the depositions published by his direction in A full Relation c. page 4 6 11 12. where he useth these expressions Colonell Fiennes writes his Major Langrish who communicated unto me an order that he had received from his Excellency whereby he was enjoyned to send Colonell Essex to Windsor or the Parliament in case he saw cause for it and having given me reasons to see and know that there was cause so to doe he asked me whether I would assist him in the executions of it or no the which seeing cause for I promised to doe But it will be necessary here to annexe the reasons that caused Colonell Fiennes to put in execution the Order given him by my Lord Generall to send up Colonell Essex from Bristoll not as an accusation against Colonell Essex in this place let that be followed by those to whom it appertains but by way of vindication of Colonell Fiennes that he had done nothing herein but what the trust reposed in him and the safety of that important place did require him and that the rather because it begins so far to reflect upon Colonell Fiennes as if he had done him injury and there had been no plot at all but a plot to put himselfe in the Governours place The Malignants in the Towne taking up this and spreading it and adding strength to it by Colonell Essex his own speeches and carriages it will be a great injustice to him who hath done his duty and therein no inconsiderable services to be requited with calumny c. Besides Colonell Fiennes writes thus in a printed Letter to his Father My Lord c. I sent a Letter long enough and full enough of particulars concerning Colonell Essex and which I thinke were sufficient to satisfie any man that it was necessary be should be removed from hence before the Towne could be put in any possibility of security although he had not been touched in the point of his fidelity his being here I found inconsistent with the good and safety of this city and though there were no apparent proofe-of his falshood which I never affirmed yet there were shrewd grounds of jealousie as may appeare by the depositions whereof I have sent your Lordship a copy together with this Letter For my part so my Lord Generall and the World be satisfied that I had good reason to send him away from hence according to his direction I would not have things prosecuted too hard against him although I am very much deceived if many a Governour of a Towne hath not been called to an account in point of his Fidelity upon weaker grounds then those that I have sent Secondly by his owne expresse consession in the letter end of his Answer to the second Article though he denies it in the beginning that he did it not upon any pretended cause To the third That himselfe was never Governour of Bristoll Mr Prynne answered That it seemed he had carried himselfe so dishonourably in that Government that he was now ashamed or afraid to confesse himselfe Governour for searche should suffer for it else he could not have the impudence to deny it But since he thus denied himselfe Governour he would quickly prove him so First by his owne Warrants during his Government wherein he stiled himselfe Governour of Bristoll Secondly by his acceptance of that title from his Officers Souldiers the Committee and all others Thirdly by the Parliaments his Excellencies and owne Fathers entituling of him Governour of Bristoll in their Letters and directions to him Fourthly by his exercising all the authority and receiving the pay of a Governour Fiftly by the full Declaration concerning his March to Bristoll set forth by his Major Langrish who in his Letter from Bristoll March 6. 1643. pag. 3 4 6. stiles Colonell Fiennes Our Governour and Now Governour of Bristoll three severall times long before he had a commission to be Governour there Sixthly by his owne draught of an Ordinance presented to the House of Commons by the Lord Say for the settling of a sufficient Garrison at Bristoll printed by himselfe in his Relation made to the House of Commons concerning the surrender of the City of Bristoll pag. 17 to 22. in which we finde this Gentleman no lesse then eight severall times expresly stiled Colonell Fiennes Governour of Bristoll And are you not ashamed so confidently to deny that here in the presence of this honourable Councell which your selfe have so lately published to all the world Oportet mendancem esse memorem Seventhly in the very Articles of the surrender of the city and castle of Bristol to the enemy he intitled himself Governour witnesse the title of them Articles agreed on at the City of Bristoll between Colonell Nathaniell Fiennes GOVERNOUR of the said city on the one party and Colonell Charles Gerard and Captain William Teringham for and on the behalfe of Prince Rupert on the other party Iuly 26. 1643. And Article 1. That the Governour Colonell Nathaniel Fiennes c. Certainly if he were not Governour before to keep yet these very Articles prove he was then Governour to surrender it And now Sir take your choice If you were not Governour then you had no power to treat or surrender the City or castle and so must be condemned by your owne confession as a betrayer of them If you were Governour of them then you shew your selfe most unworthy your birth and breeding in denying it now especially since you have given an account in a printed Relation of your proceedings and surrender of Bristoll which is in Law a confession of this trust To conclude his Excellencies owne Proclamation posted up at Westminster by the Defendants procurement and summoning us to give information against him doth no lesse then three severall times together stile him Colonell Nathaniel Fiennes late Governour of Bristoll and therefore eternally concludes him to deny it The Colonell confounded with these unanswerable ARguments which Mr Prynne informed the Councell he pressed the more earnestly because his Governourship
the Parliaments and his Excellencies consents though it is true hee did it without their previous consents To which Mr Prynne replied that this was a very frivolous distinction For first Christ himselfe by this speech * He that is not with me is against me resolves that what is done without the Parliaments and his Excellencies consents especially if they dislike and disavow it afterwards is done against their consents and that in strict propriety of speech Hence if a mans servant cattell without his privity or approbation commit a Trespasse in his neighbours ground or if one casually tread upon anothers toe he usually saith in these and such like cases It was against my will or against my liking and consent Bristoll therefore being undoubtedly surrendred not onely beyond but contrary to the Parliaments and his Excellencies expectations and desires was certainly surrendred against their wils and consents as well as without them Secondly the Parliaments and his Excellencies expresse will and intention was that Bristoll should be kept to the utmost extremity and not surrendred to the Enemy this being the end wherefore they placed a Governour and Garrison there and made Works about it the surrendring therefore of it contrary to both their expresse wills and directions must needs be not onely without but against their wills and consents This all the world knowes unlesse the Defendant can shew their expresse consents thereto Thirdly the Houses and his Excellencies former opinions of and calling him to an account heretofore and now into judgment for this surrender as directly contrary to his trust and their directions is a sufficient proofe it was not onely besides but against their consents and to thinke or speak otherwise is but to lay a grand imputation on the Parliament and his Excellency in making them accessaries to this dishonourable trayterly action which hath almost lost the Kingdome Thirdly he alledged that foure dayes before the fiege he sent one Scotten with a Letter to his Excellency to acquaint him with the weaknesse of the Garrison that he had not above 900 men besides Citizens as likewise to see the estate of his Army and crave speedy succours from him That he found his Excellencie had but 4000 Foot able to march many of his men being then sick and not in a marching condition to relieve him that it was cleare as he averres in his Relation and then also affirmed to the Parliaments and his Excellencies dishonour they could not expect nor have had any reliefe in sixe or eight weekes time And to justifie this dispaire of timely succours he produced a Letter written by his Excellency to the Lord Say his Father to this effect That he was sorry Bristoll was in so much danger as by Colonell Fiennes his Letter to him it seemed to be and that himselfe at that present was not in a fitting posture to relieve it which troubled him the more for that his Lordships sonne was ingaged there which Letter being read Mr Prynne inquiring the date thereof found it dated the 28 of Iuly two dayes after the surrender of Bristoll which was on the 26 of that Iuly From all which the Defendant inferred the necessity of surrendring the Towne and Castle for want of succours which had they been neare he could have made a shift to have held out three or foure dayes longer and would have done it but being hopelesse of reliefe he could not in point of souldiery or policy have held it longer then he did To which Mr Prynne replied first that he did but his duty in sending thus to his Excellency and that this would no more excuse his treachery and cowardice in surrendring the Towne then Weston Gomineys and the Bishop of Norwich their sending to the Governour of Caleyes and the Lords of the Councell for timely reliefe did excuse them Secondly that in this Message and Letter to my Lord Generall but foure dayes before the siege he complained neither of want of Ammunition Victuals Monies nor of the weaknesse or intenability of the Workes Towne Castle which doubtlesse he would have done had there been reall cause but of the smallnesse of the Garrison which he said were then but 900 besides Citizens But our Witnesses prove expresly that at the time of the siege he had at least 2000 Foot and 300 Horse besides Voluntiers which were neare 200 more and Major Allen attested that he brought neare 200 men well armed from Malmsbury but a day or two before the siege so as his 900 were encreased to 2500 men or more and he might have raised as Mr Powell his owne Witnesse attested at least sixe or eight thousand able men more to beare Armes in the City had he wanted men Therefore the want of men was but a pretence Besides had he needed onely men why did he advise Sir William Waller to march out with at least 500 Horse-men lest they should have helped to have spent the provision of Bristoll as he confesseth in his Relation page 12 Certainly either he thought the Towne tenable with the men he had till all the provisions in it were spent and so the Garrison strong enough to defend it whiles they had Victuals or else he desired rather to spare the Victuals for the Enemy to whom they were surrendred then for Sir William Wallers men who had they stayed in the City would have made up his Garrison 800 Horse besides 2000 Foot and in all probability have preserved the City which was partly lost as himselfe confesseth by the cowardice of the Horse who refused to charge the Enemy when they entred whom they might easily have cut off had they but charged them as they might and should have done In briefe the Defendants owne Relation and Letter to his Excellency informe us that his Garrison consisted of at least 2000 Foot and 300 Horse and was so strong and sufficient that when the Enemy stormed the Towne on every side with all their Forces they were valiantly repulsed with the losse of neare a thousand of their best men besides 700 wounded whereas he lost not above sixe or eight men at most and had very few or none wounded If then the Garrison were thus sufficiently strong to repulse the Enemy with so great losse when their Army was strongesest and best in heart much more 〈◊〉 be sufficient to repulse them and keep the Towne when neare a thousand of their best men were slain and 700 more wounded with the losse of sixe or eight onely of the Garrison the Assailants being much weakned and Defendants as strong or stronger and more couragious by reason of their good successe then they were at first Thirdly to his despaire of succours in six or eight weekes time by reason of the weaknesse or sicknesse of the Army it was answered first That as hope is the last thing that forsakes a valiant man so it is the first that deserts a Coward who placeth his confidence
in print by himselfe or his Agents in The Check to the Checker of Britannicus with the substance of his whole defence abstracted no doubt out of his owne Notes His first Argument was this That he was no coward as appeared First by his apprehending and sending away Col. Essex Secondly by his apprehending and executing the Conspirators at Bristoll in the midst of the City even at noone day Thirdly by quelling the Malignants and disarming the Traine-Bands of the City Fourthly by his valiant behaviour at Worcester where hee and his brother when the Forces were there routed were some of the last Officers that came off the field Fifthly by his charging at Keinton Battell one of the next to Sir William Belfoure up to the very Cannon of the Enemy when the horse killed the Canoneers as they lay under the Carriages and by other following particulars Ergo he did not cowardly surrender Bristoll To which Argument Mr Prynne Replyed First in generall That they did not charge him in the Articles to be a coward which was not now in issue nor yet that hee had shewed himselfe cowardly in all Actions since he was Governour of Bristoll But only That he had cowardly surrendred Bristoll And in hoc individuo he did and might deale cowardly though he might be valiant in other particulars This is that mistaken Passage the Check to the Checker much triumphs in let him in Gods name make his best advantage of it to repaire the Defendants honour if hee can Secondly That the Argument was a grosse Nonsequitur for as a very coward may now and then doe valiantly upon occasion and yet be no valiant man as sometimes desperatio timidos fortes facit an experimentall proofe whereof we finde in Timerous Staggs who runne away at the barking of the smalest curre yet will encounter both dogges horses men in extremity when they are at a bay and can runne no further so a valiant man may sometimes commit a cowardly action and yet be no habituall coward To put this out of question We have a memorable example in the Apostle Peter who though he were of a bold resolute spirit and no doubt the stoutest of all the Apostles as appeares by his adventuring at Christs command to walk out of the ship upon the Sea it selfe in the midst of a storme which hee though the Defendant with all his faith and valour would scarce have adventured to doe his resolute telling our Saviour That though all else should be offended and forsake him yet he would not And though hee should die with him yet he would not deny him which all the other Apostles likewise protested each for himselfe By his resolute drawing out his sword to rescue Christ when he was apprehended by the High Priests servants his cutting off Malchus eare therewith which is more then appeares the Defendant yet did to any Enemy his not putting up his sword nor giving over fighting till Christ commanded him and by his following our Saviour into the very High-Priests Hall when the other Disciples forsooke him and fled all acts and Arguments of extraordinary courage yet after he saw Christ brought into question for his life hee suddenly degenerates so farre from his former magnanimity through a pusilaminous feare then seising on him that at the very voice of a silly maide and a High-Priest servant he no lesse then thrice denyed the knowledge of his Master Christ and that with bitter Oathes and Execrations Should Peter in this case argue I was valiant when I walked on the Sea in the Chamber when I told Christ I would rather die then deny him in the Garden where I fought for him and in following him into the High-Priest Hall whether the other Disciples durst not accompany me Ergo I did not cowardly nor unworthily in thus denying him thrice with Oaths and Curses in the High-Priests Hall Certainly this were a most irrationall false Argument because courage in some Actions is no negation or extenuation of cowardize in others almost in the selfe-same nick of time Yet this is Col. Fiennes objected Argument I have shewed my selfe couragious as well as Peter in some Actions in removing Col. Essex executing the Delinquents disarming the Malignants of Bristoll in the fights at Worcester and Edgehill yea altogether as valiant as Peter in my vaunting words and promises That I would dispute every foot of ground with the Enemy to the utmost who should winne it from me by inches that my Flag of Truce should bee my winding sheet that I would keep the City or it should keep me or I would lay my bones therein Oh brave vaunting Peter yea I was pretty full of courage during the siege till the Enemy entred the Line and then I was just like Peter entring the High-Priests Hall I followed the Enemy a far off and fell from fighting to Parling from defending to surrending the City and Castle before any Out-Fort taken or one shot or assault made against City or Castle Ergo I did not cowardly or unworthily surrender them now having shewed my selfe so valiant in deeds before But since Peters Pristine valorus acts speeches did no wayes mitigate nor extenuate but aggravate his subsequent cowardly denyalls of Christ so will the Defendants his surrender Thirdly his forementioned valorous exploits have no relation at all to the surrender of Bristoll being of a different nature from them his prowesse therefore in the one can never expiate nor dis-affirme this cowardize in the other the only thing we now charge and prove these other objected Actions being not here in question Fourthly He gave this Answer to the objected particulars so farre forth only as they were applyed to Bristols surrender First That the sudden surprisall of Col. Essex being done at a private house out of Bristoll when the Defendant had his Troops about him and Col. Essex only three or foure servants neare him was a greater act of prudence then courage and a man not really valiant would have done as much Secondly That when hee apprehended the Conspirators he had the absolute Command of the City and Castle a strong Garrison in both and the major part of the City and Countrey siding with him It was therefore no great argument of extraordinary valour to apprehend them being but few in number weak in power and suddenly surprised at unawares And when he executed them all the Malignants were disarmed the whole City Country generally incensed against them for their horred Treachery and their party unable to make the least resistance so as a childe might have put them to death as securely as the Defendent Therefore this could be no convincing evidence of his courage Thirdly That the Malignants were quelled by the discovery of the Plot and the disarming of the Traine Band to arme his own souldiers and best affected Citizens was by the generall consent of the Mayor Sheriffes and most part of the Citizens after the conspiracy detected
two dayes before and by a Letter from Colonell Warnloe from Plimoth attested by Master Nichols who writ that they spent forty barrels of Powder there in one day when they beat the Enemy out of their works The City and Castle being therefore untenable in all these respects and no succours neare to relieve them in due season his surrender could not be deemed cowardly but discreet and honourable to preserve both the Citizens goods and the Garrison consisting of above 1500. foot and horse to serve the Parliament which then wanted men in other places of advantage To which particulars Mr Prynne gave these ensuing Answers First that the works about the City and Castle were very strong defenceable tenable against all the enemies power which he proved First by the judgement and opinion of the Defendant himselfe who never once complained of the weaknesse or insufficiency of the Works or Castle till the surrender but oft affirmed the Works to be very strong sufficient and tenable before the seige and that he doubted not to make them good against all the enemies power as Colonel Stephens Colonel Strood Captaine Bagnal Master Powel with others depose And he publikly confesseth in his printed Relation pag. 10. that himselfe and some others too had a great opinion of the strength of the Castle before it was surrendred though now upon a sudden he would make your Honours beleeve and endeavours to prove it the weakest most untenable peece in the world having spent one whole dayes time in demonstrating its severall weaknesses or rather in them his own who notwithstanding all these imbicilities had so great an opinion of its strength And indeed did not the Defendant deeme the works sufficient the City and Castle strong he must discover himselfe guilty either of extraordinary folly in putting the Parliament Countrey City to so great costs to fortifie garrison furnish the City and Castle with all necessaries to hold out a siege if it were not really tenable and of no considerable strength at all in the upshot Or else of extraordinary treachery if he knew it not tenable and yet gave it out to be very defensible on purpose to induce the Gentry and Countrey in those parts to bring their money plate estates provisions thither as to places of strength and security as we know they did upon his promises to defend them to the last that so they might become a prey to the enemies who had all the Ammunition Provisions Armes of those parts delivered into their hands at once which they could have never gained had not the Defendant fortified the Town Castle and affirmed them to be strong and tenable Besides his own many liberall promises to defend the Castle to the utmost in case he was forced to retreat into it and there to secure the best affected Citizens and their goods argues its tenability in his owne apprehension Secondly as the Towne but Castle especially was tenable in his owne judgement so likewise in the opinion of others First of the Gentry and Countrey who repaired thither as to a most secure sanctuary against the enemy towards whose fortification and defence they liberally contributed Secondly of the Citizens who all deemed the Towne but the Castle especially to which they carried their estates and above three moneths provisions to be defensible against all the enemies power as appeares by the Depositions of Iames Powel Able Kelly William Deane Mistris Hassard others and by the Tragedy of Bristoll lately published by Captaine Birch Mr. Powell and other Citizens of it who write thus of the Castle pag. 5. The Castle being strongly fortified and victualled as being the last place to retreat unto if the Towne should be taken being ASSVRED we should be able to keep it till reliefe came as a sanctuary for the persons and estates of such as were most active for the Parliament divers of us accordingly brought in our goods with provisions for our selves and to help victuall the Souldiers that were to be entertained in it c. Thirdly by the opinion of divers Souldiers of our owne party as Colonel Stephens Colonell Strood Lieutenant Colonels Paleologus and Andrewes Major Wood Major Allen Captaine Bagnall Nicholas Cowling Mr. Hassard Richard Linden Edmund Wathorne Thomas Munday and Richard Butler attest Fourthly by the speeches of the enemies owne commanders who viewing the Works of the said Castle soone after its surrender swore God damme them all the Devils in Hell could not have taken the Castle it was so fortified had not the Governour cowardly surrendred it that they might thank Fiennes for it and that they could not have taken the Castle had it not beene yeelded up to them beyond expectation as Mary Smith Ethelred Huddy Ioane Battin Thomas Thomas and Michael Spark senior witnesse And whereas he alleaged that Sir William Waller and Sir Arthur Haslerig deemed Bristol not tenable which he endeavoured to prove by this passage in their Letter to him dated Iuly 1. 1643. attested by Mr. Iohn Ash and printed in his Relation pag. 27. We think the enemy will fall on this night if not to morrow morning and if so what good will this Regement doe Bristoll if we perish It is a wonder to us to see our friends delay help where there is safety c. Mr. Prynne answered 1. That this letter declares not their opinion conceruing the intenability of Bristoll but their importunity to have speedy supplies from thence Secondly it expresseth that Bristols greatest security consisted in their Armies successe there being no danger of a siege as long as their Army were masters of the field Thirdly it proves nothing that either the City or Castle might not have held out till reliefe should arrive from his Excellency or that it could not hold out above three dayes longer Fourthly the Defendant confesseth that had Colonel Pophams Regiment continued in the Towne it had not beene lost and that his sending of them to Sir William Waller was the losse of the Towne therefore the Castle and Towne in respect of the fortifications were both tenable and had no want at all but of Colonel Pophams men which he supplied by his new raised Regiments before the siege Secondly whereas he alleaged that divers Gentlemen left the Towne and went away with Sir William Waller and Sir Arthur Haslerigge because they deemed it not tenable It was answered that the reason of their departure as themselves have confessed was the feare and assurance they had the Defendant would not hold it out to the last whereas Colonell Strood Colonell Stevens and others who had his promise to hold it out to the utmost continued with him still Fourthly it was answered that the objected weaknesses and defects of the works and Castle were meere inventions of the Defendant since the surrender not thought or spoken of before nor once propounded at the Councell of Warre when the Parley was in agitation where the debate of this particular
of the Tenabilitie of the Towne and Castle was never disputed for if it had the Towne would have beene held some foure dayes longer whiles this point had beene debated which hath taken up foure dayes here As for the Castle the Defendant himself confesseth and his Lieutenant Clifton with Major Holmes depose * that in the whole debate of the Parley and Surrender the Castle was never mentioned nor thought on therefore the weaknesse and untenability of it was no ground of its surrender as is now pretended Finally the Defendant in his printed Relation pag. 9. 10. and in his Answer affirmes that the cause why the Castle was not tenable against the enemy was for want of Match and Powder not inregard of its inconvenient situation and weake fortification the onely causes now insisted on therefore this is but a meere pretence invented since the surrender To the second pretence of wanting a sufficient Garrison to hold it Master Prynne answered 1. That that Defendant had two thousand foot besides two hundred voluntires and three hundred horse and Dragoones at least which were sufficient to defend the Towne against all the enemies power as is infallibly evident by the repulses every where given to the enemies when they stormed it and the great slaughter of hundreds of their men with the losse but of three or four of ours attested by his own witnes and published in his owne Relation and Letter to his Excellency And if the Garrison were sufficient thus to repulse the enemy in his greatest strength and assaults at the very outworks then certainly they were abundantly able to defend the Towne and Castle after the slaughter and wounding of above 1700 of the enemies had they beene discreetly and couragiously commanded by him but doubtlesse they were more then enough to have defended the Castle the body of the City and that part beyond the Bridge after the Suburbs entred and the Lyne wholly quitted on Glocestershire side Secondly if the Garrison had beene too weak he might have raised sixe or eight thousand able men more in the City or retained five hundred of Sir William Wallers Souldiers whom he sent out of the Towne to save the expence of provisions Thirdly the Garrison Souldiers that were in it would have fought and held the City and Castle out against the enemy thinking themselves strong enough to doe it but the Defendant would not permit them as sundry witnesses attest the want therefore of a sufficient Garrison is but a meere pretence Fourthly a Garrison must be judged to bee sufficient or insufficient to defend a place onely in regard of the enemies strength that comes before it that Garrison being sufficient to defend a Towne against seven or eight thousand beseigers which perchance is insufficient to guard it against twenty thousand Now we confidently affirme that the Garrison then in it was sufficient to guard it against all the power then before it as appeares by the enemies severall generall repulses with extraordinary losse to them and none to the Garrison by the enemies paucity not being above seven or eight thousand at most most of them horse and their Quarters divided with an unfordable River so as they could not come to rescue or releive one the other And whereas he pretended the enemy was neere fourteene thousand strong because they had about seventy or one hundred foot Colours onely upon Durdham Downe this is a most fallacious Argument because every puny Souldier knowes it is a common policy in warres to carry and display a multitude of Colours more then there are Compaines a farre off at a distance of purpose to amaze or terrifie the opposites and make themselves appeare more numerous then in truth they are which policy was now used And whereas Captaine Husbands affirmed that he told one hundred foot colours on Durdham Downe he saith that it was but with his prospective glasse an uncertain instrument to tell colors with which multiplied the colours more then they were Leiutenant Clifton telling not seventy at most And how full these companies under those colours were we shall produce onely the testimony of Mr. Savidge a late Souldier in Ireland who deposed Viva voce that he was in Bristoll within two dayes after its surrender when there was a Generall Muster of Prince Ruperts foot in the Marsh there at which both Prince Rupert and Mawrice were present where he told to his best remebrance 52. but for certaine above 42. of the enemies Colours which had not above 1400. Souldiers at the most belonging to them for he particularly told and tooke speciall notice of them Whereupon he demanded of one of the Officers on the place why they had so many Colours and so few men Who answered that they had many of their men slaine and wounded in the seige so as by this account they had more foot in the City by seven or eight hundred when it was surrendred then Prince Rupert had without it whose forces were most horse and therefore a sufficient Garrison to defend it against so small a force Besides it appeares by the Relation of Glocester seige pag. 1. attested by Mr. Pury to be true that there were about nine thousand men more before Glocester then there were at Bristoll seige if then Glocester Garrison consisting at the most but of 1500. men were sufficient to guard it against 9000. more then were before Bristoll then Bristoll Garrison of above 2000. foot and 300. horse must needs be abundantly sufficient to defend it against 9000. enemies lesse then were before Glocester And whereas the Defendant alleaged his Letter of complaint for want of a sufficient Garrison this was in March 20. 1643. when he had but one compleat Regiment of foot and but two Troops of horse not at the siege when he had above twice double the number Sixthly for his Excellencies opnion and his owne propositions that the Garrison should consist of three Regiments of foot and three Troops of horse and Dragoones It was answered that he had above that number of horse and almost his full number of foot at the siege and might have raised more had he pleased therefore a competent Garrison according to his owne desire But that which quite takes off this objection is That such a large Garrison as this was not desired by him or thought meet by his Excellency onely to defend Bristoll against a siege but likewise to defend Bath Barkly Castle and the Countrey round about for twenty miles space and to suppresse insurrections if any should happen in the Westerne parts as appeares by his Excellencies Letter and his owne propositions Therefore this pretence that he had not a full Garrison to defend the Towne because he wanted some of his number of foot which should have defended Bath and the Countrey twenty miles round about is but an impertinent plea. Seventhly for his want of reserves to releeve his men himselfe confessed that reserves might have well been drawn from the
main guard and Castle Garrison who were not in any fight or action during the siege that he had some few reserves for some particularplaces as there was occasion that Captaine Stokes whose Company was a meere reserve standing in Saint Iames Church-yard when the enemy entred though not imployed to repulse them at the first nor afterwards in the sally If then he had reserves for some special services he had no doubt a competent Garrison it being unusuall to have a whole reserve and a vast unnecessary expence to maintaine a double Garrison in any place Eighthly whereas he alleaged that his men for want of reliefe and reserves would have quite been tired out in three or foure dayes more having been neare five dayes on duty without reliefe that a man might die of a lingring Consumption well as of a Feaver It was answered That the Garrison of Glocester had no reserves at all and were constantly upon duty without * relief above thirty five dayes and nights together yet held it out couragiously without dying of a Consumption and why Bristol Garrison might not have done the like being furnished with good store of Bristoll milk strong wines and waters with as good successe had the Defendant put them to it especially having some reserves to relieve one another he could see no reason but only his willingnesse to yeeld up the Town to the enemy for feare of a Consumption of which none are willing or use to die till nature be totally spent Ninthly there was then no sicknes at al in the City no want of provisions or necessaries no losse but of eight men at the most when yeelded how then the City Castle could be surrendred upon this pretence of an impossibility to keep them longer for want of a sufficient Garrison we cannot conceive especially since the women with their children proferred to go unto the Cannons mouthto dead the bullets Thirdly to the pretended want of Match Powder Ammunition for a sufficiency of all other provisions and victuals was akcnowledged it was answered First that we had proved there were 1400. weight of Match besides a Dray load more of Match in the Castle it self when surrendred and a Match-maker with materials to make more Match in the Castle as fast as they could spend it besides much Match in the City and he might as soone have alleadged want of water in the river Avon as of Match in Bristoll which makes Match and cordage for all the West of England and other parts Secondly for Powder we have proved by some witnesses that there were at least sixty barrels in the Castle only besides as many more in the City Forts and what was weekly made in the Towne yea some witnesses prove there were seventy double barrels in the Castle left to the enemy Captaine Husband confesseth he had two barrels of Powder in his Fort Arthur Williams attesteth there were sixty barrels in the Towne and Major Allen brought nine Barrels more from Malmesbury And by his own printed Relation there must be at least 90 Barrels left For he therin confesseth a that he found 45 Barrels of Powder in the Town when he first entred upon the Charge thereof after which he received 30 Barrels more from London 126 Barrels from France besides six or seven Barrels weekly made in the City all the powder taken out of Shops Ships and the nine Barrels from Malmesbury all which admit the Barrels out of France single amount to 210 Barrels but to 336 Barrels if those from France were double as they were Of these he saith Sir William Waller had about 60 Barrels and that he spent about 60 more in the siege deduct then 120 Barrels out of 336 there remained no lesse then 216 or 120 out of 210 there were left 90 Barrels at least by his own confession allowing him all that was made or found in the City and Ships meerly for wast and Musters And whether there were a necessity of surrendring the Town for want of powder when so many Barrels remained only in the Castle besides what was in the Forts and City let all men judge there being 60 Barrels more then Col. Massey had when Glocester was first besieged But his grand pretence is That this powder would have lasted them only two or three dayes at most whence this Pordigall of his powder not blood or coyne writes thus in his Relation page 9. 10. That which made it evident Wee could not hold out the Castle above two or three dayes was because we had Ammunition for no longer time having only 50 Barrels of Powder and no Match at all No Match for himselfe he meanes for cowardice else there was Match enough and according to the proportion of Powder we had spent the dayes before this would not have served us above two dayes and it is cleare wee should not have had any reliefe in six or eight weeks A pretty prejudicating fancy not to be admitted on any termes For by the same Argument he surrendred it up now when he had 90 or admit but 50 Barrels left he would have then yeelded it had he 500 remaining For thus hee would have argued 500 Barrels after the rate of 50 Barrels we spent the two first dayes would have lasted us but twenty dayes at most and wee could have no succour in six or eight weeks therefore I was necessitated to render the Town for want of powder to hold out till reliefe might come Nay if he had a 1000 Barrels then left he would by this reason have yeelded the Town up for want of powder for he argued thus Col. Warnslow at Plimmouth spent 40 Barrels in one day Ergo I should have spent so many every day at Bristoll and by this computation a 1000 Barrels would have lasted me but 30 dayes and I had no hopes of relief in fourty or fifty dayes at nearest Ergo I was necessitated to yeeld for want of powder to serve me till relief might come Had valliant Massey argued thus at Glocester he might have surrendred it to the King on this pretence the very first day and houre he came before it He might have alledged with better reason then Col. Fiennes wee have but 30 Barrels of powder in all to defend the Town with and these will not last above one day for Col. Fiennes spent 30 Barrels a day as Bristoll and Col. Warnslow 40 in one day at Plymmouth Therefore our 30 Barrels against a farre greater Army of Enemies will not last above one day and we lawfully may and ought in true Millitary policy to surrender Glocester to the Enemy the first houre they come before it for want of powder since Col. Fiennes surrendred Bristoll for this very cause when he had twice asmuch powder as wee Had Massey done or argued thus what had become of Glocester and the Kingdom ere this But since he made no such anticipating Argument but with his little store of powder farre lesse then was in
their Workes were about 3. miles in compasse and far weaker than those of Bristol where they were strongest and that for want of men they were enforced voluntarily to quit the Vineyard one of their strongest Out-Workes which the Enemie thereupon tooke possession of to their great disadvantage He farther deposed that the Enemie as they were certainely informed had most of the Powder Bullet and Ammunition they spent at the Siege of Glocester from Bristol which was brought from thence by water And that he being in London soon after the Siege of Glocester Colonell Fiennes entring into discourse with him concerning the Siege thereof amongst other things demanded of him How many barrels of Powder they had when the Enemie came first before the Town He answered That they had onely 30. single barrels which Colonell Fiennes much wondring at demanded of him How they durst adventure or could think to hold out the Town against the Kings Forces when they had but 30. barrels To whom he replyed to this effect That they being all resolved to hold it out to the last and not to quit the Town upon any Termes did not much trouble themselves to consider how little powder they had but how they might spend what they had to the best advantage Then Col. Fiennes demanded of him How much Powder they had left when the Town was releeved by his Excellencie To which he replyed onely halfe a barrell Colonell Fiennes asked How they durst hold out so long and not parly when all their powder was so neere spent or used words to this effect To which he gave answer That they resolved to hold it as long as they could and rather to dye than quit it after they had spent all their Powder and therefore they thought not of yeelding whiles they had any left He farther attested upon Oath That the Printed Relation of the most materiall passages that happened in the Siege of Glocester set forth by Iohn Dorney Esquire who married his daughter was true except only in the number of the barrels of powder which were but thirty when the Siege began and but fifty in all during the whole Siege not half so many as were in the Castle of Bristoll when surrendred The small quantity of Powder Ammunition Canon and Number of Souldiers during the Siege of Glocester the circumference and weakenesse of the Workes and want of reserves to relieve their men who were constantly upon duty day and night during all the Siege of Glocester was likewise attested upon Oath by Captaine Parry who agreed with Colonell Pury in all these The substance of the Testimony of Samuel Browne Esq a Member of the House of Commons delivered personally upon Oath before the Councell That Colonell Fiennes soone after his comming from Bristoll having conference with him concerning the surrender thereof and likewise concerning Glocester told him That he verily beleeved or was certaine that Glocester could not hold out many dayes and as he remembred he said not above 3. or 4. dayes if the Kings Forces came before it of the which words he tooke the lesse notice because he never thought he should have been called to attest them and that he told Col. Fiennes of Gomines and Westons case Master Iohn Sedgwick the Minister who dyed before the tryall would have attested upon Oath had he lived That Colonell Fiennes the same day he came to London told him he vvould be hanged or lose his head of Glocester would or could hold out one day if the Kings forces once came before it Iohn Stephens Esquire his Deposition Decemb. 12. 1643. afterwards attested viva voce I Iohn Stephens of the Middle Temple Esquire attest upon my Oath That * Serjeant Major Clifton who as I heare was afterwards Lieutenant Colonell to Col. Nathaniell Fiennes late Governour of Bristoll did within one or two daies after the said Nathaniell Fiennes came to London from Bristoll say in my hearing in the Court of Requests at Westminster That he did not beleeve or conceive it possible for the City of Glocester to hold out three daies if it vvere once besieged by the enemy as it vvas then like to be The Testimony of Colonell Ewdard Cooke delivered in writing I Colonell Edward Cooke doe attest that Colonell Nathanell Fiennes late Governour of Bristoll in his owne Lodging there consulting with some of his owne Officers tooke me aside and privately demanded of me what were sir William Wallers Resolutions I answered that it was not certaine but beleeved his intents were to venter his life in the defence of that City if the enemy advanced thither whereupon the said Colonell Nathaniell Fiennes imparted to me as his opinion that the said Resolution of sir William Waller would be of ill consequence upon these grounds his forces consisted chiefly of Horse his men abated in courage his horse in flesh by his sad fortune at the Devises nor was that Country consisting of Inclosures advantagious for horse service the enemy being possest of Bathe so that his chiefe forces being horse would not onely be uselesse but also hurtfull by consuming the City provisions He further said he foresaw this inconvenience that though his modesty would restraine him from commanding sir William Waller yet his independency upon sir William Waller must inforce him the said Colonell Fiennes to issue forth all Orders in that Garrison whereupon I advised the said Colonell Fiennes to impart the said Reasons to sir William Waller but the said Colonell Fiennes desired me to impart them to sir William in his behalfe which I did and these Reasons from Colonell Nathaniell Fiennes occasioned the first debate of sir William Wallers march from Bristoll much to this purpose though not so fully was the Argument of Colonell Iohn Fiennes and Lieutenant Colonell Clifton I further remember sir William Waller amongst other opinions declaring his advise to the said Colonell Nathaniell Fiennes for removing the Prisoners from Bristoll to another place of safety the said Colonell Nathaniell Fiennes answered him he would keepe them to better his condition with if the enemy came before the Towne This is the effect of what I heard and remember and this accordingly I affirme upon my Oath Edward Cooke The Deposition of Colonell Thomas Stephens taken before the Judge Advocate I Colonell Thomas Stephens affirme on Oath That Colonell Nathaniell Fiennes did divers times say he conceived the Towne and Castle of Bristoll was Tenable and did not doubt to keepe them if he might have reliefe in any convenient time for the obtaining of which he dispatched Lieutenant Col. Baker to my Lord Generall and in the meane time endeavoured the increase of his men and making up the workes and the victualling of the Castle the Castle was well victualled not any as I could learne came in that brought not a fortnights provision there were in the Towne and Castle and at the Workes and Forts 2000. men and Armes as I verily beleeve besides 300. horse
Major Dovvet saith that he heard Captain Birch declare when the City of Bristoll was upon surrendering he would have taken possession of the Castle with intent to make that good against the enemy but he was discouraged therein by the Gunner who told him that there was but ten barrells of Powder in the Castle and thereupon he came forth and diserted his resolution but since that the Towne and Castle was delivered up the said Gunner told him that there were threescore barrells of Powder in it the said Birch asking him what reason he had to tell him there were but ten the Gunner answered that Col. Nathaniell Fiennes Governour of the said City and Castle commanded him to say so All which the Major Dovvet heard from the mouth of the said Captaine Birch and will testifie the same upon his corporall Oath Francis Dovvet London 17th of October 1643. The Deposition of Mr. Talboyes Gent. The summe of his testimony was this that a neighbour of his being fined 40. l. by Colonell Nathaniell Fiennes Governour of Bristoll for Delinquency and imprisoned till he should pay this Fyne did thereupon pay downe all but 18. l. which he could not presently procure whereupon he desired the Deponent to move the Governour to respite the payment of this summe till St. James tide and then it should be paid in which the Deponent did accordingly presuming he should have obtained this courtesie for his Neighbour but Colonell Fiennes answered him I must have all the money presently for I knovv not vvhere I shall be at St. Iames tide to which the Deponent then replyed He hoped he would be then in Bristoll who answered He did not knovv vvhether hee should or not Whereupon the Deponent presently apprehending the said Governour had a resolution to deliver up and not keepe the Towne against the enemy thought it not safe to remaine therein and thereupon removed thence to London and the very next day after St. James day viz. 26. July 1643. he surrendred the city and castle to the enemy The Deposition of Serjeant William Hill I doe hereby testifie and declare my knowledge concerning the surrender of the city and castle of Bristoll that at the time when the enemy had entred the Lyne about the Barne between Brandon-hill and the Wind-mill Fort and that they were gotten in possession of Essex Fort the suburbs adjoyning being as was conceived betwixt two or three hundred of them the enemy that were without being repulsed in severall other places which they had stormed were with-drawne backe as farre as Durdam Downe the cause of my knowledge was in that after they were beaten out of sir Ferdinando Gorges his house and severall other houses on that side of the water with our Canon shot from the Key and with our Musketeers that were placed in severall houses on the Key I rode forth at Newgate and from thence up to the Fort of Pryors Hill from thence a long the Line to the redoubt and so on to the Windmill Fort all which places I found secure and our men very couragious from thence I rode to the place where the enemy entred and almost to Brandon-hill Fort all which part of the Lyne was cleare and no enemy nearer it then the Downe aforesaid and as I returned backe the Souldiers in the Forts and in the Redoubt earnestly desired me to procure some strength to be sent out of the city to assist them and likewise to make good the Lyne againe which I promised to certifie the Governour of I came immediately to the Towne and met the Governour with severall other Gentlemen riding then through Newgate forth of the city I told him that the Forts were all secure and that the Lyne was clear and that I conceived that if he would be pleased to send forth a matter of two hundred men he might not onely secure the Lyne but also take all those that were entred which he not onely refused to doe but sent a Warrant to a Major that then was upon the Lyne betwixt the Wind-mill Fort and the Redoubt commanding him on paine of death to draw his men off the Lyne and to repaire into the Towne with them which Warrant I saw and read it and as some of the Cavaliers told me the next day the enemy that was without the Lyne knew not of those that were within at least two houres time in which time their Ammunition was spent and then did those that were within Essex Fort aforesaid send out Messengers to those of the enemy that were without intimating that if they did not come speedily into their reliefe they should be all cut off and then and not till then came the enemy within the Lyne both horse and foote and possessed themselves of the suburbs whereupon the Governour presently desired a Parly with the enemy which accordingly was done All which I humbly certifie on Oath as witnesse my hand this 13th of Novem. 1643. William Hill The Deposition of Serjeant Anthony Gale 1 Anthony Gale Serjeant to Lieutenant Colonell Baker of Col. Stephens Regiment in the late siege of Bristoll doe affirme upon my Oath that upon Wednesday morning Iuly 26th when the enemy entred the Line between Pryors Hill Fort and Wind-mill Hill Fort I was upon the Line between the said two Forts and that when the enemy came upon the said worke where he made the breach there entred not above 100. men as I conceived at the first I my selfe offered to venture my selfe to make up the said breach but Langrishes horse being there to defend that place would not fall on although they were called upon for that purpose Langrish himselfe as was said being gone into the Towne and presently Lieutenant Colonell Clifton came and commanded all men to quit the Line and draw off into the Towne which after some time they did yet * after three houres respite when the enemy was entred in greater numbers and had possest divers places of advantage in the suburbs we sallyed out upon them at the Colledge Greene the enemy throwing downe their Armes and crying for quarter when presently a Parly was sounded and a command came to the souldiers that they should presently retreat into the Castle which caused some of the souldiers in discontent to breake their Armes and sweare they would never serve the Parliament againe And upon Wednesday night it was concluded that the said Towne and Castle should be yeelded up the next morning about nine of the clocke as this Deponent heard divers officers say but yet the Prisoners in the Castle were set at liberty the said Wednesday night and very early in the morning tooke possession of the said Castle committed divers plunders and inticed and seized on divers of the Parliaments souldiers and the enemy having so got possession of the Castle would not suffer any Goods to be carried from thence And I further say that many souldiers were plundered Prince Rupert protesting he could
complain and murmur that the said Governour rode thrice up in person to them that morning and commanded them upon paine of death to come from the Workes into the City and that * he looked as pale as ashes and had no heart And that they would have held the City out till Sir William Waller or others had come and rescued the same And that the Souldiers and people were * generally discontented and offended both with the said Governours Parley with the Enemy and with the surrender of the City and Castle to them and that divers of the City who were reputed Malignants went out to the Works and fought Valiantly to her knowledge she being oft among them to carry provisions and were very much grieved at the Parly and surrender And she further saith she heard onely of two Garrison Souldiers and Citizens slaine during the siege the Bullets which fell into the City miraculously hurting neither man woman nor childe And that there vvas a bundance of Wheate Pease Bisket Wine Beere Beefe Cheese Butter and all manner of Provisions in the said Castle sufficient to serve them for divers moneths Shee further attested in the Advocates chamber and presence after her Deposition given in wherein it was omitted that the Bristoll Ships sent into Ireland to transport the English souldiers and Irish Rebells thence to fight against the Parliaments forces here were victualed with the provisions left by Col. Fiennes behind him in the Castle Mary Smith The Deposition of William Whithorne Gunner He personally deposed before the Counsell that he came from Malmesbury to Bristoll with Major Allen and brought along with him neer 200. men and Armes with such Powder as the Major formerly hath deposed that the Hedges about the City were not cut downe whereby the enemies were very much sheltered and the Garrison annoyed That he was Gunner in the Sconce neere Alderman Iones his House where the enemies were repulsed with great losse the twenty sixth of Iuly in the morning when they stormed it that some few of them entring the Line in one place all the souldiers on the Line on that part and in the sconce where he was were to their great griefe unexpectedly called thence by Major Clifton upon Colonell Fiennes his Commands into the City and that in such a disorderly and tumultuous manner that many of them left their Muskets Pikes Armes Swords Powder Cartrages Bullet and their very Canons behind them whereupon himselfe and one Harris another Gunner in Priors-hill Fort according to former directions given them did spike up the touch-holes of their Canons to make them unservisable to the enemy to whose Prey they were exposed having none to guard or draw them off That the Sconces places of the Line which they wholly quitted upon this Command were much neerer to the body of the City and more advantagious for the enemy then the place where they entred that they might have drawne the souldiers at the Line into Battalio there and marched directly thence to Charge the enemy immediatly without retreating into the City which had been farre the nearer speedier and more advantagious way to charge them for then the Companies had been kept intire and in heart the enemies entred had not received timely succours and wee should have had the upper ground of them to charge them downe the Hill whereas by retreating into the City wee lost much time discouraged and disordered the Souldiers and at last in the long-delayed Sally were enforsed to charge the enemy up a very steepe Hill and narrow streete rising up with steps which much disadvantaged both Horse and Foote and gave the enemy great advantage to beate them in againe That Major Levves went out in the sally which was not till eleaven of the Clock and was wounded in it That in the sally the Horse basely retreated upon the discharge onely of one Drake when onely one man of ours was slaine in the sally and thereupon the surrender was made without any other encounter VVilliam VVhithorne The effect of the Deposition of Michael Spark Senior That one Master VVilliams of London Booke-seller living in Pauls Church-yard informed this Deponent and divers others that he was in Oxford when sundry of the enemies Commanders came from the siege of Bristol after its surrender and that he being oft-times in their company drinking heard them severall times vow and protest God Damme us That vvhen they first entred the Line at Bristoll they gave themselves all for dead men beleeving verily that they should all have been cut off or blovvne up as they might have been easily having no reliefe in tvvo houres space That they could never have taken the City or Castle vvhich vvere extraordinary strong had not the Governour most cowardly surrendred the same up unto them beyond their expectation swearing God Damme them the Governour was so hasty to yeeld up the Towne and Castle to them upon any termes that he was ready to yeeld more then they desired and whatsoever they propounded as soone as they moved it saying that if they had had such a cowardly Governour they would presently have hanged him up All which the said Williams being questioned by the Deponent for these speeches whether he would avow them protested hee would justify on his Oath when ever hee should be called thereunto before any Magistrate whatsoever Michael Sparke senior This VVilliams who could not be met with before the Triall being in the enemies Quarters in the Country hath since attested the premises to divers others and is ready to depose the same upon any occasion The Testimony of Thomas Thomas of Bristoll He being a youth about twelve yeares of age and Children commonly speak truth did attest without Oath before the Counsell De bene esse that he saw Colonell Fiennes the Governour in the high streete of Bristoll not long after the enemies entred the Line and that he looked very pale and fearefull that divers of the souldiers in the Castle in his hearing cursed Colonell Fiennes for yeelding up the Castle to the enemy which they would have defended to the last saying what have wee been thus long watching and guarding the Castle to no purpose and must we now yeeld it up after all our watching and paines without striking a stroke or fighting it out That hee heard divers of the Cavaliers and enemies Commanders both in his fathers house where Prince Ruperts Chaplains lay and in other places in conference among themselves say that Colonell Fiennes was an arrant Coward that if they had such a cowardly Commander they would presently have hanged him up and that they could not have taken the City or Castle had not hee surrendred them so hastily beyond their expectation He further saith that he being at worke in making up the Line where the enemy first entred after the surrender of the Towne heard Marshall one of the Engineers who made the Workes and revolted to the enemy when
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
the assistance of Sir William Waller insomuch that some ill affected persons in the Town conceived us so weak that the Malignants were able to master us had procured his Majestie to send a Trumpeter with a letter from himselfe to the city to stirre them up and command them to rise and rescue the said Conspirators and to kill and stay all those that should oppose them therein yet for all this Col. Fiennes in obedience to the Parliament and his Excellencie did put the sentence in execution and that at midday and in the middle of the Town in all which hee conceaveth that he discharged his duty faithfully temperately and resolutely 3. To the third Article he answereth that notwithstanding that without any or very little help at all by his own proper industry and uncessant travell and paines hee endeavoured to fortifie and furnish that place in such sorth that it might bee in posture of defence and that without troubling the Parliament at all hee had well nigh brought a line or rampire of earth round about the Towne whereupon there were some small works or redouts which in this charge are called Forts and Sconces And that he had procured some proportion of powder Artillery Gunnes Granado's and other provisions whereof hee found the Town very much destitute yet hee denyes that there ever was or that hee ever did or could raise a sufficient Garrison to defend and maintaine that city against all the power of the Enemy that might or did come against it for the space of three moneths or more or for three dayes or that hee did undertake or promise to any Gentlemen or Inhabitants of the same to keep it for so long space in case that they should be besieged 4. To the fourth He denieth that he did deliver up the Citie or Castle of Bristol with all the Armes therein or that hee did deliver the same up withall the Prisoners Cannons Ammunition c. against the consent of the Parliament or his Excellency their Generall or that he did deliver them up Traiterously cowardly or dishonourably or contrary to any former promise of his or contrary to his trust or duty to the extraordinary great danger dishonour lesse or prejudice of the whole Kingdome and Parliament and the evill example of other Governours and Townes upon dishonourable Articles to which hee was no wayes necessitated Or that hee had no care to see the Articles agreed upon punctually performed by the Enemy when complaint was made to him for reliefe to the great prejudice and impoverishing of the Inhabitants and Garrison Souldiers there But on the contrary is ready to justifie that over and above his former good services in sending away Col. Essex without disorder or blood-shed in discovering and preventing that wicked Conspiracie and preserving the city thereby notwithstanding a Proclamation set forth of purpose by the King wherein hee offered pardon to all both Sculdiers Citizens and others except himselfe within the City of Bristoll at that time in case they would peaceably yeeld up the said City And over and above his great paines and care to put the City in as good a posture of defence as possibly hee could And notwithstanding he never undertook to make good the City or Castle or either of them declaring that he could not nor would not undertake it and that also he could never obtain a sufficient Garrison for the defence of that place for any considerable time or moneys to maintaine it or meanes to raise it Yet hee did defend that Town and Castle to the utmost point not only of duty but also of honour that any Souldier could or ought to have maintained the same And that he surrendred them upon good and honourable conditions in respect to the state hee was in and that he did take all the care that any Governour could or ought to doe that they might bee punctually performed and that the breaking of them was not any fault of his but principally by the failing and unfaithfulnesse of the Enemy and partly by the disobedience and disorder of some of his Souldiers all which hee is ready to justifie in every particular Notwithstanding that after the line or principall rampire of the Town was entred and the Enemy lodged within it he did surrender the Town and Castle withall the Prisoners Cannons Ammunition Artillery Millitary provisions Magazins Victuals and part of the Armes therein before the enemy had taken any of the Out-Forts about the same or had made the least assault or battery upon the Walls of the City which had none at all on that part against which the Enemy then lay nor at all defensible in any part on that side the Town or upon the Walls of the Castle or any mine or breach into any the Forts thereof All which nor the Castle could not prevent the Enemy being lodged in the Suburbs by Froome-Gate from immediately entring the Town by force And neither could nor ought to have been kept in the condion that things then stood to the prejudice of the City and Garrison and the surrender thereof upon termes of composition but ought to have been surrendred together with it as they were by the constant practice and pollicy of Warre in all places the principles of justice and honesty and the rules of wisdome and discretion for the honour profit and best advantage of the Kingdome and Parliament 5. To the fifth Article he answereth that hee did not of his owne head without the privity of any Counsell of Warre send out for a Parley with the Enemy when the Officers and Souldiers advised and disswaded the contrary and would have repulsed the Enemy and defended the City to the uttermost And that the surrendring of the Town was not principally or not at all could possibly be by his earnest perswation or advice nor that it was by his advice nor cowardize contrary to his trust and duty to keep the same But on the contrary hee was advised to the Treaty by the farre major part if not by the unanimous consent of his whole Councell of Warre and of the Gentlemen there present unlesse it were Mr. Strood who also to the remembrance of many present was not heard to give any dissent when the question was put and all that he said tended only to a deferring rather then a denyall of the Treaty without any good reason that he either then did or yet can give for his opinion and that by many expressions and other cleare evidences it did at the time of the first proposition of the Treaty appeare that Col. Fiennes had for his principall cyme therein the honour and advantage of those by whom he was intrusted And hee doth deny that when the Councell of Warre unanimously voted upon the Parly that it was neither safe nor honourable for them to depart the Town unlesse they might March thence with halfe their Armes at least and