Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	desirous_a	fall_v	great_a	42	3	2.1077	3	false

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

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

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

Castles within the Parliaments power might treacherously or cowardly surrender them forthwith to the King without punishment or danger because they wanted a Commission under the great Seal to keep them Fourthly he had a Commission under his Excellencies hand and seal to keep the City under whose Authority he took the custody of it for the Parliaments and Kingdomes safety in these distracted times by vertue of a Commission of both Houses granted to his Excellency therefore his offence is as great as capitall for surrendring it contrary to his trust and his Excellencies Commission to keep it as if it had been under the great Seal Fourthly when his Commission was first granted the Parliament had not made a New great Seal to seal it but since his surrender of Bristol they had made one and he durst assure the Defendant had his courage and fidelity been such as to hold out Bristol till the new Seal was made hee would have procured him a Commission under it to keep Bristol rather then hee should have yeelded it up cowardly to the Enemy for want of a Commission under the great Seal of England But because he held it not till such Commission might be obtained he must be condemned for rendering it contrary to that Commission which he both sent for and received from his Excellency under his Seal of Armes alone His second Answer was that it appeared not in these Records what other matters and proofes were produced against these persons besides those mentioned in them and therefore for ought he knew they might be condemned for something else besides what is alleadged in these Records else the cases might seem very hard and the sentences none of the justest To which Mr Prynne Replyed That the Defendant by this strange Answer betrayed his extraordinary ignorance in matters of Law and Records into which no Depositions of Witnesses are wont to bee inserted but only the true state of the case it selfe and the Iudgement given thereupon And therefore to surmise they were condemned for any thing else then what is expresly mentioned in the Records and Iudgments themselves is to averre against the very Records and the Iudges that gave the sentences and so to falsifie and nullifie all Records The cases therefore being admitted to be really such as the Records relate in nature of a demurrer or concession and the Iudgements determining them to be such this answer must rather be deemed an ignorant mistake then any solid reply His third Answer was That the Castle of Outhrewik Arde and Burbugh were places of no great consequence or wealth and therefore ought to be held out to the utmost But Bristol being one of the richest chiefest Cities in the Realme and of great importance ought not to bee endangered or ruinated by holding it to the utmost extremity as Castles and other such places of lesse concernment might be To which Mr Prynne Answered First that if places of smallest concerment ought to hold out to extremity and if it be death to yeeld them up before then certainly Bristol and places of greatest consequence to the ruine or safety of the Realme ought much more to be kept till extremity and the yeelding of them up must be more capitall else he that betrayeth the greatest trust and doth most mischiefe to the State shall be lesse culpable and undergoe a milder censure then he that betrayes the smallest Fort yea if this were either good justice law or Lodgick the Defendant might argue that he who steales ten thousand pounds or murthers a man deserves not death but hee who steales thirteen pence halfe-penny or strikes a man ought to bee hanged without pitty The president and Argument therefore held à minori ad majus If these were condemned for their cowardly surrendring of those inconsiderable Townes and Castles before utmost extremity which did but little prejudice to the Republike then much more ought the Defendant to lose his head for yeelding Bristoll thus a place of highest concerment to the Kingdome which is almost lost in and by its losse And doubtlesse the Defendant who would not adventure his life to preserve such a most considerable City as Bristol to the utmost exigent would never adventure it to hold out any other inferiour places till the last but yeeld them up without resistance Since therefore it appeared by these presidents that the parties impeached for surrendring up any Forts were alwayes detained under custody during their tryall He desired the Councell the second time that Col. Fiennes might presently bee put under safe custody and judgement given against him according to these presidents and the Lawes of warre the rather because they were seconded by his own late judgement against Yeomans and Butcher whom he condemned and executed by Martiall Law only for endeavouring to deliver up Bristoll to the Enemy before it was fully fortified when as himselfe thus cowardly and traitorously surrendred it to them after it was fortified and abundantly furnished with all necessaries to hold out a siege their intentionall surrender being not so criminall or fatall to the Republike as his actuall When we had thus made good the severall Articles of our charge and fixed the losse of Bristol and the West too on Col. Fiennes who by his not denying it in his Answer to the fourth Article did thereby in point of Law confesse it The Colonell to free himselfe from this heavie charge took the boldnesse to translate it to one no wayes guilty of it averring before the Councell with greater impudency then verity That Bristol and the West were not lost by him but by Sir William Waller to prove this Paradox he produced severall impertinent Allegations casting sundry false aspersions upon that eminent Knight behinde his backe which he durst not have uttered in his presence Vpon which Mr Prynne humbly moved the Councell that a Gentleman of his worth and honour might not be thus publikely traduced where he was neither present to make his defence nor a party to the Articles desiring that either he might substantially prove this palpable slander by pregnant evidences or else be exemplaplarily punished for it Hereupon the Defendant first alledged that he sent Sir William Waller 1200 Foot out of Bristoll to wit Colonell Pophams whole Regiment very well armed who at the rout of Sir William neare the Devises lost all their Armes not many of these men returning thenceto Bristoll and those without Arms the losse of which Regiment so weakned the garrison that it lost both Bristoll and the West which he could not defend for want of men To which Mr Prynne answered first that Bristoll was not lost for want of men and that this Regiment was fully made up and supplied by the Defendant his owne confession with a great over-plus Sir William Waller not receiving above 7 or 800 Foot out of Bristoll in lieu whereof the Defendant raised 1100 or 1000 at the least besides those from Malmsbury Secondly