to the Defence of the fourth Article and those that followed it with Colonell Fiennes his Commission for Bristoll and some presidents in point resolved in Parliament the Transcripts whereof out of the Parliaments Rols proved upon Oath to bee true Copies hee there delivered to the Councell Colonell Fiennes his Commission the Originall whereof he there produced was read as followeth RObert Earle of Essex c. To Colonell Nathaniel Fiennes By virtue of an Ordinance of the Lords and Commons in Parliament I doe constitute and appoint you Governour of the City of Bristoll as also Commander in chiefe of all the Forces raised or to be raised and imployed for the defence of the said City and the Liberties of the same and of the Garrison there to serve for the defence of the King Parliament and Kingdome These are therefore to will and require you by virtue of this Commission to take the said City and Forces into your charge as Governour in chiefe and by all possible wayes and meanes except in point of Civill Government to provide for the defence and security of the same and to maintaine the same against all enemies and opposition whatsoever and from time to time diligently to exercise the said Forces within the said City and Liberties in Arms commanding all Officers and Souldiers to obey you as their Governour and Commander in chiefe for the service above mentioned according to this Commission given you And you are likewise to observe and follow such further order and direction as you shall receive from my selfe or from both Houses of Parliament Given under my hand and Seale of Armes this first day of May 1643. ESSEX From this Commission it appeares first that Colonell Fiennes was constituted Governour of Bristoll by Commission from his Excellency under his Hand and Seale Secondly that he had the command in chiefe of all the Forces and Garrisons there who were to be imployed FOR THE DEFENCE OF THE SAID CITY and the Liberties of the same and to serve for the defence of the King Parliament and Kingdome Thirdly that he was specially charged by that Commission to take the said City and Forces into his charge as Governour and BY ALL POSSIBLE WAYES AND MEANES TO PROVIDE FOR THE DEFENCE AND SECURITIE OF THE SAME AND TO MANTAIN THE SAME AGAINST ALL ENEMIES AND OPPOSITION WHATSOEVER and that all Officers and Souldiers were there to obey him as their Governour and Commander in chiefe for this service Therefore he and his Officers were expresly injoyned by this commission to defend and keep it against the enemy to the uttermost extremity and were there placed for that very purpose and that he sent for and accepted this Commission upon these very terms and not only to rule his souldiers not to keep the Town and Castle as he falsly at first pretended Fourthly that he was to observe and follow such further order and direction from time to time as he should receive from his Excellency and both Houses of Parliament therefore not to surrender the City and Castle without their speciall order or direction which he never had to doe it as himselfe confesseth His very Commission therefore being expresly violated in all these particulars by this his surrender before he was reduced to utmost extremitie is a sufficient evidence to declare and condemne him for a Traitor by the very Ordinances of War especially since he knew the grand importance of the place for the Kingdomes safety For Presidents adjudged in point I could produce many out of forraign Histories which I shall pretermit because they are no binding evidence in Law Wherefore I shall confine my selfe to such domesticke examples of this nature as have been formerly adjudged in Parliament the supremest Councell of Warre whose judgements must direct all others registred amongst our Parliamentarie Records which cannot be controlled and are the best evidence of any other The Records themselves examined by the Parliament Rolls are long and written in Law-French which perchance some of this Honourable Councell understand not I shall therefore briefly open them in English into which I have faithfully translated them at large in The Doome of Cowardice and Treacherie printed by authoritie of Parliament and apply them to the present case in order as they are opened which course the Councell very well approved The first President is the case of John Lord of Gomineys who in the Parl. of 1. R. 2. n. 38. 40. was indicted and arraigned before the Lords for that he being made Governour of the Town and Castle of Arde in France by K Edward the third to this intent that he should safely keep the same for the King and his heires without surrendring them to any person without their command did yet in King Richard the second his reigne deliver and surrender the same to the Kings enemies without any command from him to the dishonour and dis-inheriting of the King and his Crowne and of the Realme of England against his undertaking aforesaid without any duresse or default of Victuals or Artillerie or of any other things necessary for the defence thereof To which Indictment the Defendant pleaded that the Town and Castle were so weake that he could not well keep them against so great a power of the enemies as was then ready to assaile them Whereupon he assembled all the Knights Esquires and others in the Towne and informed them of the dangers the Town was in and of the enemies forces and by common counsell and consent of them all he entred into a Treaty with the enemies to save the Lieges of the King within the Towne and Castle and thereupon yeelded up the same upon termes of composition receiving no reward at all for surrendring the Towne or Castle But because one Geoffrey of Argentine Knight affirmed in Parliament that he was then in person within the said Towne and Castle in the defence whereof he was alwayes ready to live and dye never consenting to the surrender thereof and because Sir Ralph de Ferrers Knight had valiantly defended them in former times against a great force of the enemy when they were not so strong as at the time they were surrendred And because de Gomineys had undertaken to keep them and if he could not have done it he ought in no wise to have undertaken to keep them and that another should and would have undertaken the safe keeping of them had not he undertaken it and for that he yeelded them up in this sort before utmost extremity when he wanted neither men nor victuals nor ammunition he was adjudged to lose his head notwithstanding his plea that he did it by the advice of a generall Councell of Warre Warre to save the Kings liege Peoples lives and estates and that the Towne and Castle were weake unable to resist the Enemies power This Towne was of far lesse importance to the Realme of England then Bristoll no treachery at all appeared in the surrender made by the vote
all through his default was left without people sufficient for to keep and defend the said castle any long time which he beseecheth you to take into your just and benigne consideration Also please you to know how upon a Muaday about one of the clocke the enemies came to besiege the said castle to the number of 2600 men of Armes and 700 Arblasters Genevoyes and with 5000 of the commonalty of the countrey having nine great Cannons divers Engines and one great Mortar-peece beyond all measure greater then ever they had seen any before in those Marches and the same houre presently a great number of the men of Armes and Arblasters aforesaid came before the Gates for to assaile the said castle and at this time ae Knight of theirs was slaine who was cousin to the Lord de Clifton as was reported and many others were likewise then slaine and wrecked And within a short time after they began to shoot with their Ordnances and other Engines and so continued their assault from one day to another that is to say Tuseday Wednesday Thursday and then were the walls and houses of the castle battered downe and bruised in many places and they had likewise by force trenched the ditches of the said castle in three places so as the water was drained out and that night came a great party of them and by fine force made an assault and abated the Barricado's and the next day which was Friday they came about day breaking with all their Forces to assault the said castle but with Gods assistance they were yet repulsed with force from their assault and of the one part and the other were some slaine and wounded And the same day the Marshall of Burgone sent to the said William and others of the said castle to render it whereupon having consideration that the said castle could not be kept as well in regard of the small number of the people as by reason that the walls in many places were enfeebled by their marvellous Ordnance there was a Treaty with the Lords to this end That the said William and his company might advise themselves against the next morning and so they departed each to his owne Also this same night the enemies caused all their Ordnances Engines Morter-peece Cannons and Faggots with Scaling-Ladders Galleries and all other necessaries to be drawne up neare to the very ditch of the aforesaid castle and the next day which was Saturday they made all things ready plainly for to assault the plaece And then first of all sent an Herauld to the said William to know if the said castle should be rendred to them or not Whereupon the said William by advice of the wisest of his companions taking consideration how that the said place was destroyed and enfeebled with their Ordnance and also that they were too few men for its defence by renson that twelve of their companions were in this time slaine wounded and sicke so as there remained of all the people in the Garrison in health but onely 38 men to defend the same hereupon by common assent the said castle which could be kept no longer was by force surrendred for to save their lives granted to them and their goods And that all these things aforesaid are true the said William puts himselfe upon his proofe according to your most discreet Ordinances Also it is to be remembred that when the said castle was thus rendred as aforesaid certaine French people bargained with the said William for his victuals to buy them together with certaine Prisoners which the said William held imprisoned within the said castle for which things he received of them for his payment 1500 Franks of which he paid to his companions for part of their wages which was behind unto them for one quarter of a yearâ— and an halfe 78 Franks likewise after was paid at Calice for the victuals of the said castle before that time due 442 Franks Also for the passage of the said William and of his companions into England and likewise for the expences of the said William being at Calice 135 Franks And therefore the said William prayeth in this regard your justice and benignitie seeing by envious suggestion he hath against all reason been accused whereby his estate and name by the grievous sinne of mis-informers and he also is ruined having likewise consideration that out of his proper goods he hath for the greater part paid his companions their wages which were due unto them as aforesaid and also for the great costs he hath been at before this time for to victuall the said castle for which he hath given his obligations in divers places and oweth great summes by reason whereof he is on all sides undone if your just benignities doe not succour him that you would be pleased for Gods sake and for pitie to ordaine likewise for him that he may by your discreet noblenesse recover his estate and goods Also the said William Weston sheweth how the first day when the enemies came before Arde that he went in haste to Calice unto the Captaine and desired of him more succour and aid of men for the better guarding of his Fort of Outhrewyke and to defend it if the enemies should come thither and the Captain answered him briefly that he would not deliver nor give him aid nor succour at the said time because he doubted that the said enemies would come before the towne of Calice But notwithstanding all these pleas the Lords in this Parliament together with the most valiant and discreet Knights and other Members thereof after good and mature deliberation hereupon delivered their judgement and resolution against Weston in forme following It seemeth to the Lords aforesaid that you William who had taken upon you safely to keep the castle of Outhrewyke as before is said that you have without any duresse or default of victuals evilly delivered and surrendred the same to the enemies of our Lord the King by your owne default against all apparent right and reason and against your allegiance and undertaking aforesaid and having by due information read the case of the late Baron of Graystock who was a Lord and one of the Peers of the Realm who had taken upon him safely to keep for the foresaid Grandfather the towne of Barwick the said Baron perceiving afterwards that the said Grandfather addressed himselfe to goe into the Realme of France the said Baron without command of the said Grandfather committed the said towne of Barwick to a valiant Esquire Robert de Ogle as Lievtenant to the said Baron for to keep safe the said towne of Barwick to the said Grandfather and the said Baron went as an horseman to the parts of France to the said Grandfather and there remained in his company during which time an assault of war was made upon the said towne of Barwick by the Scots and the said Robert as Lievtenant of the said Baron valiantly defended the same and at last by such forcible assaults
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
of a generall Councell of War yet we see the Governour adjudged to lose his head for not holding it out to the utmost extremity according to his duty And if his plea could not secure him from such a sentence Colonell Fiennes his plea being the very same with his that he surrendred the City and Castle of Bristoll to the enemy before utmost extremity because they were weak and untenable for any long time to save the lives and estates of the Garrison and Parliaments friends and that by the counsell and assent of all the Knights Esquires Souldiers and Inhabitants thereof must needs be frivolous and can no way extenuate his fault nor save his neck from the blocke the rather because Bristoll was of far greater consequence to the Kingdome now and better provided fortified manned victualed and more likely to be relieved then Arde was then The second President was of Pierce de Cressingham and John de Spikesworth Esquires who were arrested and arraigned in Parliament 7 Rich. 2. num 17. for yeelding up the Castle of Drinkham in Flanders to the enemies from whom it was gained by the Bishop of Norwich though it were well and sufficiently stored with victuals and other necessaries and strong enough to be held against the enemies without the will or command of the King or his Lievtenant To which Spikesworth pleaded That he had never the custody of that Castle or any thing to doe therewith but was chased into it by the enemy it being then in the custody of Piers de Cressingham That soone after the enemy assaulting the Barbican he was unhappily routed and one of his Varlets slaine close by him That he had never any thing to doe in the Castle neither as a Souldier thereof nor in any other manner whatsoever but onely continued in it in manner aforesaid till it was surrendred by the said Piers And therefore prayed that it would please the King to have him excused Whereupon it was ordered he should be set at liberty if nothing else could be said against him Piers Cressingham who had the custody of the Castle alledged That upon the yeelding up of the Towne and Castle of Burburgh to the enemy of all the Garrison souldiers he had with him at Drinkham none would continue with him for the safeguard of that Castle but onely five persons by reason of which great necessity he was constrained for the safety of his owne person and people to enter into a Treaty with the enemies to deliver up that Fort and thereupon he yeelded it up and not for any other cause nor in any other manner but onely by constraint of the power of the enemies aforesaid denying that he ever received any thing from the enemies by way of gift or in any other manner Whereupon he conceived that no man ought to impute any manner of blame or reproach unto his person but if it should be thought he had done ill in any manner he most humbly cast himselfe upon the grace of his Liege Lord. But because this excuse was held insufficient he was committed to prison till the King should otherwise declare his opinion concerning him Here was a case of far greater extremity then Bristoll without any apparent mixture of treachery but onely five of the garison left to defend the Castle when as the Defendant had 2300 Souldiers at least in Bristoll and a surrender by common advise for the Governours and Inhabitants safety yet because Cressingham the Governour by virtue of his office was bound to hold it till the utmost extremity he was for the present adjudged to prison and to expect a further sentence afterwards whereas Spikesworth was acquitted because he came casually into the Castle as forced by the enemy and had no charge of it as a Governour Officer or garrison Souldier all which as appeares by this resolution are answerable and punishable for delivering up the smallest Fort before utmost extremity The third president is the case of the Bishop of Norwich accused in Parliament 7. R 2 num 32. for surrendring the Town of Gravelin to the enemy before utmost extremity upon condition that it should be totally demolished To which the Bishop pleaded that by reason of the disobedience of his Captains who quitted the field and betooke themselves to their Forts he was constrained to retire with his Forces to the Towne of Graveling which he would have held out well enough against all men and did hold out till the other Captaines had surrendred their Forts adjoining to the French and after that untill speedy supplies might have arrived from England But because there were sixe or 7000 English-men who came out of the Forts surrendred lying on the sands neare Calice who could not get into the Towne and were in danger to be slaine by the French within two or three dayes the Truce being then expired whose losse would have been charged principally upon him thereupon he was commanded by the King himselfe to render the Towne to the enemies or else to demolish it and then to march to succour the said English and after that towards England to save himself and others of his Army in case they were in any great want of victuals as in truth they were and because it behoved him to abate and void the Towne as it was lawfull for him to doe at his pleasure being gained by his proper conquest from the enemy it seemed to him that he ought to be well excused of what ever was surmised against him for compounding with French to rase the Towne to the ground and to depart whither he would with his bagge baggage and men To which was answered by the Lord Chancellor That there was sufficient victuals in the Towne when the Kings Letter came there after which the King sent other victuals thither in great plenty with Letters importing how he had appointed his Uncle to come speedily to his aid and succour yet notwithstanding he departed thence leaving the Towne to the enemies against the forme of his Indenture by which the King granted him whatever he should conquer not at all to surrender sell or leave the same to the enemy but to hold and possesse it And as for the disobedience and defaults of his Officers and their surrender of the Fortresses they neither could nor ought at all to excuse him seeing they were all named and chosen by himselfe not by the King or his Councell and the Articles of the surrenders sealed between them and the enemies were made without the authority and consent of the King Wherefore by the assent of the Earles Barons and other Lords temporall present in Parliament it was assented and decreed That the Bishop should be in the King mercy who out of his grace would forbeare to lay hands on his body in regard of his function though he might justly have proceeded against him as a Lay-man that he should be put to a fine and ransome according to the quantity and quality of his offence
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
Walls of the said City or Castle were battered or assaulted by the enemy upon the entry of some few of the enemies within the Line of communication and before the said City had been besieged the space of foure whole daies delivered up both the said City and Castle with all the Armes Magazines Canons Ammunition Colours and Prisoners therein to the enemy though this Deponent verily beleeveth there was sufficient provision and victualls in the said City and Castle to have maintained the same for the space of three moneths the said Governour having about a Fortnight before the said City was besieged made publique Proclamation throughout the said City with a Trumpet that every Inhabitant should furnish himselfe with sufficient provision for three moneths space and this Deponent further saith that at the time of the said siege in the said City and Castle and the Forts thereof there were about two thousand foote souldiers besides Horse to defend the same there being not above eight of our men lost during the said siege many of which souldiers were much offended and discontented at the surrender thereof to this Deponents knowledge and himselfe among the rest who lost all his estate that he carried into the said Castle by reason that many of the enemies were admitted into the same and the Prisoners there released by the said Governour before the houre agreed on in the Articles who seized upon and plundered the goods which were brought into the Castle as aforesaid to be there secured Abell Kelly The Deposition of Arthur Williams I Arthur Williams Stationer and late souldier under Captaine Birch in Tower Harris in the City of Bristoll while the same was lately besieged by the enemy doe testifie upon my Oath That the very morning that Collonell Nathaniell Fiennes then Governour of the said City treated with the enemy about the surrender thereof he this Deponent did see as much Match as foure Horses could well draw brought out of the said City into the Castle thereof and that the Keeper of the Magazine of the said Castle did then deliver unto this Deponent two Barrells of Musket and Carabine shot and two slings of Match for the use of the said Tower Harris and did likewise tell this Deponent that there were sixty barrells of Powder or there abouts then remaining in the Magazine of the said Castle and that this Deponent doth verily beleeve that there vvas sixty barrell of Povvder more in private mens houses that sould Povvder besides Match then vvithin the said City vvherein five or sixe barrells of Povvder vvere made every vveeke and this Deponent doth likewise beleeve that there vvas victualls and provisions enough of all sorts vvithin the said City and Castle of Bristoll at the time vvhen they vvere surrendred to the enemy to have kept the same for at least three moneths space And further deposeth there was not any one of the Out-forts of the said City or Castle taken nor any Battery made or Assault given to the Walls of the said City or Castle and but eight of the said Garrison slaine vvith the losse of above five hundred of the enemies And that there was in the said City and Castle when they were surrendred by the said Governour neere about two thousand five hundred souldiers foote and horse to defend the same many of vvhich at the surrender vvere very much discontented and vvould have defended the same to the utmost Arthur Williams The Testimony of Richard Winston Richard Winston an Inhabitant of Bristoll and a Souldier at the time of the siege and surrender thereof under Captaine Husbands who had the defence of Brandon Hill Fort affirmeth upon his Oath that he saw when the breach was made in the Line of Communication where the Enemie entred early upon a Wednesday morning he conceived there were not above 150. of them who entred at the first and the Enemies Horse stood in a body without the Line and offered not to enter and second them but gave them as this Deponent conceiveth for lost men for almost tvvo houres together and then at last the said horse entred He further saith that the first nevves they heard of an agreement made to surrender the Tovvn and Castle vvas from the Enemies vvhich not being beleeved by Captaine Husbands he sent into the Tovvn to knovv the truth thereof and found that Colonell Nathaniel Fiennes the Governour * vvas gone out of the Tovvn vvith his Company and left the City and Castle in possession of the Enemie that morning being Thursday The Governour gave no encouragement to the Souldiers and often called upon them to be sparing of their powder Richard Winston The Testimonies of Richard Lindon and Edmond Wathin The Testimonies of Richard Lindon and Edmond Wathin Gunners in the Castle of Bristoll before and at the late siege and surrender thereof each of them for himself affirmeth upon his Oath That considering how the said Castle was furnished with Ordinance well planted and stored with Powder Ammunition Victuals and all things else fit to hold out and Comparing it and the Situation thereof and the manner of its Fortifications with the present strength of the Enemie to whom it was surrendred they do not thinke it possible for the said Enemie to have taken it if the Governour Colonell Nathaniel Fiennes had not surrendred it Richard Lindon Edmond Wathin The Testimony of Iames Coles I James Coles late Citizen of Bristoll and a Trained Souldier long before and during the Siege thereof when Colonell Nathaniel Fiennes was Governour there do Attest upon my Oath that I continuing in the City about three weekes after the same was surrendred to the Enemie by the said Governour Did heare divers of the Enemies Souldiers who first entred the Line say and confesse severall times in this Deponents Company that when they first entred the Line they did all give themselves for dead men and that they thought they should have been shut in and the breach made good against them And this Deponent further saith That he heard three of the Enemies Cavaliers who were quartered in his Fathers House oft say and confesse that after their repulse on Whitechurch side before the Parley with them they were so discouraged and out of hopes of gaining the City that a whole Regiment of their Horse retreated 3. miles from Bristoll to Whitchurch with a Resolution to come on no more and that soone after word was sent to them to come away for they had hopes that the City would be delivered up unto them upon a Parlee which was accordingly surrendred by the said Governour to the Enemy before any the Out-Forts thereof were taken or the City or Castle were assaulted Iames Coles The Testimony of Ioseph Proud I Ioseph Proud late Inhabitant of the City of Bristoll and a Souldier there do testifie on my Oath that I continuing in the said City some six dayes after the surrender thereof Did heare divers of the Enemies
too without and against the consent of the Parliament or his Excellency their Generall into the hands and power of Prince Rupert and other common enemies of the Kingdome and Parliament to the extraordinary great danger dishonour losse and prejudice of the whole Kingdome and Parliament the evill example of other Governours and Townes the losse of most of the Westerne parts of England and great encouraging inriching and strengthening of the said enemies both by Land and Sea and that upon very dishonourable Articles to which hee was no wayes necessitated and had no care to see them punctually performed by the enemy when complaint thereof was made to him for reliefe to the great prejudice and impoverishing of the Inhabitants and Garrison souldiers there 5. Item That the said Colonell without the privity or consent of any generall Councell of War did of his own head send out for a parley with the enemy when divers Officers and souldiers advised and perswaded the contrary and would have repulsed the enemies and defended the said City and Castle to the utmost That the surrendering up of the same was principally occasioned by the earnest perswasion advice and cowardice of the said Governour contray to his trust and duty to keepe the same And that the said Governour when as the Councell of warre unanimously voted upon the parley that it was neither safe nor honourable for them to depart the Towne unlesse they might march thence with halfe their Armes at least and with their Colours thereupon after some private conference with Col. Gerrard one of the enemies Commissioners in the Garden without the privity and contrary to the Vote of the said Councell did make and insert the last Article that they should leave all their Canon and Ammunition with their Armes and colours behinde them and returning to them out of the Garden told them plainly that they must now deliver up all to the enemy but what was expressed in the Articles he then produced and leave their Armes and Colours behind them to the said Councells and souldiers great discontent And whereas by those very Articles the said Town and Castle were not to be delivered up till nine of the clocke the next morning nor the enemies to enter them till the souldiers and other Gentlemen were marched out the said Governour was so over-hasty to surrender up the same that hee delivered them up to the enemy above one houre or more before the houre agreed on and suffered the enemies to enter and possesse them before the souldiers were marched out whereby many of the souldiers were pillaged in the castle and towne and divers of the Inhabitants best affected to the Parliament plundered before the houre of surrender came to their great losse and undoing 6. Item That he the said Colonell during the three dayes siege of the said City and castle did not give any such incouragement to the souldiers and Officers who bravely defended the same and slew neere one thousand of the enemies best men by his own printed Relation with the losse onely of eight persons which much discouraged them as his duty and place required and they expected And that when a small number of the enemies not two hundered who gave themselves for lost had entred the Line of Communication at the weakest place which was worst guarded on Wednesday morning the 26. of Iuly last being bravely repulsed by the Souldiers with great losse in all places else he the said Colonell for two houres space or more during which time no more Enemies entred or approached the said Breach both neglected and refused to command or incourage the Officers and Souldiers who offered to beate them out in due time as he was advised and pressed to do by Captain Bagnall Livetenant Colonell Dauison and divers others who would have undertaken that service and instead of incountering the said Enemies against whom the very women offered to go on with their children to dead the Canon if the Souldiers were afraid rather then the City and Castle should be yeelded called off the Souldiers and Officers from the Line and Out-works that the Enemies might the better enter them without resistance upon pain of death much against their wills who should and would have hindered and repulsed the Enemies and discouraged and hindered such as were forwards to have cut them off sounding a parley when the Enemies were so beaten that they threw down their Armes and cried for quarter insomuch that divers of the Souldiers and Inhabitants cryed out they were betrayed and some of the Souldiers brake their Armes in discontent swearing they would serve the Parliament no more 7. Item That the said Governour notwithstanding his promises to defend the said City and Castle and dispute it to the last had yet a reall intention to deliver up the same to the Enemies before ever they were besieged by them and no thought at all to defend them to the uttermost or till they might be relieved by his Excellency as appeares by the premised Articles by the said Governours refusall to send the Prisoners formerly taken out of the said Castle before the Enemy approached when moved to it by Sir William Waller saying to him and others that he would detain those prisoners still there to make his owne Conditions and Composition the better with the Enemies if they came before it by his commanding Master Hassard the Master Gunner there to lay aside a Reserve of Thirty Barrells of Powder with Match and Bullet answerable to which when he was reduced he would then Treat with the Enemy which he did long before he was reduced to this large Reserve by other speeches to the like effect And by his moving Sir William Waller to depart from Bristoll before it was besieged who otherwise would have adventured his life in its defence 8. Item That he the said Governour when he surrendred the said Castle to the Enemy had at least sixty Barrells of Power therein besides what was in the City and Forts being above twenty more then were in Gloucester when it was first besieged Five hundred Canon shot fifty great Granadoes fourteen hundred weight of Match or more great store of Musket Bullets and Tin to make more A Match-make a Bullet-maker with materialls to make Match and Bullets and all manner of provisions and Victuals sufficient to maintain one Thousand men for three or four moneths space at least Eleven Canons therein Mounted besides 44. Canons mounted in the City and Forts All which were surrendred to the Eenmy before any battery or assault made against the said Castle though he had men more then enough by his own Relation to defend it contray to his promise made to divers Inhabitants of the said City best affected to the Parliament to defend the same to the uttermost and to dispute every foot thereof with the Enemy and to keep it or to lay his bones therein who thereupon sent their Estates with provisions for them and their
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
their Colours did thereupon offer some private conference with Col. Gerrad one of the Enemies Commissioners in the Garden without the privity and contrary to the Vote of the said Councell make and insert the said Article that they should leave all their Cannons and Ammunition with their Armes and Colours behinde them and returning to them out of the Garden told them plainly that they should now deliver up all to the Enemy or that it was expressed in the Articles he then produced that they should leave their Arms Colours behind them to the said Councels and Souldiers great discontent But on the contrary he doth affirme and will justifie that he bid the Souldiers make conditions for themselves the Gentlemen of the Countrey for themselves and the Citizens for themselves which was done accordingly And after whenupon the Treaty the Gentlemen of the Countrey and Citizens were satisfied with their demands Colonell Fiennes was the first and the chiefe if not the only man that took exception at the condition for the Souldiers the Commissioners of the Enemy standing upon it that they would allow only the Officers their horses and Armes and he on the other side standing as peremptorily for all their horses Armes and Colours whereupon he was about to break off the parley and the Commissioners of the Enemy ready to return to the Army but by the earnest perswasion of the Mayor and Citizens the Commissioners of the Enemy were perswaded to walk into the Garden and to leave us at the Councell of Warre to debate amongst our selves concerning that point of the Armes and Collours Whereupon Col. Fiennes stood very stifly till at length he was perswaded by the Councell of Warre to rest satisfied with halfe Armes and our Colours if we could obtaine them whereunto Col. Fiennes expressed a great deale of resolution to adhere and he had done it to the end had the Souldiers upon their Guards done their parts as well as hee did but returning into the Garden with this resolution many of his Officers following him and it being free for any to enter openly and before the Mayor and divers of his Officers hee began to insist upon his former propositions for all his Armes and Colours whereupon they yeelded that our Troopers should have their horses and swords and then Col. Fiennes descended to the propositions of half Armes and our Colours but being not able to obtaine it hee yeelded so farre to the entreaty of the Mayor and Citizens that hee would not break upon that point of his own head without the advice of his Officers and thereupon withdrawing into a room with all his Officers that were there present he debated the matter a good while with them and could not bee brought to yeeld thereunto till six or seven of his Officers came out of the Town and told him that they could not get six men a piece of their Companies together and that they ran was fast over the Key to the Enemy whereupon although with much reluctancy he content to yeeld to that condition for fear of putting our selves into a farre worse condition and after calling in the Commissioners of the Enemy we fell to set down all the Articles in writing there being liberty left to any man to take his exception upon the penning of them At which time Captain Birch comming in desiring a more cleare expression for the Citizens and Inhabitants to have liberty to carry away their Estates which Col. Gerrard bogling at Col. Fynnes rose up and with great earnestnesse protested That he would rather die then not provide for his friends and their Estates as well Citizens as Souldiers Whereupon Col. Gerrard consented to it and it was further expressed that they should have three dayes liberty to resolve whether they would stay or depart with their goods and the last Article was no new Article inserted at the latter end but only a cleere expression of what was before agreed upon and fully conteyned in the first Article as by the Article it selfe doth appeare And lastly Col. Fiennes doth deny that hee was so over-hasty to surrender up the Town and Castle that he delivered them up to the Enemy one houre or more before the time agreed or that he suffered the Enemy to enter and possesse them before the Souldiers were marched out But on the contrary that he gave order to all his Officers that came to him for Orders to keepe their Souldiers upon their Guards untill one houre before we were to March out of the Town at which time having given order to his Captaine Lieutenant Stokes with his Company to stay in the Castle and to keep it till Prince Rupert sent to demand it and then to deliver it up unto him according to the Articles hee gave order to the rest of his Officers to draw their men into the Marsh whether he did repaire unto them and about nine of the clock marched out with the greatest part of them to the Gate which leadeth to Warminster where hee stayed within the Town for an houre or two after But the Enemy did enter the Town contrary to their faith and the Articles agreed upon an houre or more before nine of the clock about the time that wee were drawing off to a Randevous and fell upon our men disarming dismounting and pillaging them by meanes whereof and by no fault of Col. Fiennes many both Souldiers and Citizens were pillaged and plundered 6. To the sixth he acknowledgeth and owneth the clause mentioned to be in his printed Relation and that the Enemy having entred in one place on wednesday morning the 26. of Iuly were valliantly repulsed in all places else with great losse but doth deny that to his knowledge any women made any such offer as in the Articles is expressed or that he should have thought it a fit meanes to dead the Cannon bullets or that any such speeches were given out or any such Actions done by any Inhabitants or Souldiers to his knowledge as that they brake their Armes and said they were betrayed or that he would have suffered them unpunished if he had heard or known any such thing And for the rest of the Article he denyeth it in the whole and in every part thereof and on the contray affirmeth and is ready to prove that during the whole siege hee did bot by his words and actions encourage the Souldiers and Officers to doe their duty thanking some praysing others stirring up others sending them bread wine victualls and giving them monyes and promising them further rewards but especially by his owne Example going constantly the round at all houres of the night sometimes in the beginning of the night and sometimes in the latter end thereof and repairing upon all occasions to the places of most danger and standing most usually with his Troop in the place of greatest danger and by all other wayes and meanes that could be expected from any Governour And he further affirmeth that
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
but to surrender the City to save himselfe That he told Mr Talboies that he should not be in Bristoll for ought he knew at Saint Iames tide then next ensuing and used such expressions to him as made him believe he meant to surrender the Towne by that time as he did the very next day after Saint Iames his feast who thereupon left the City as intended to be surrendred by the Governour That he commanded Mr Hassard to lay by a Reserve of 30 barrels of Powder with Match and Bullets proportionable to which when he was reduced he would treat That there were about 140 Granado's in the castle and one new Morter-piece and that Iohn Warden one of the Gunners of the castle did often importune the Defendant to give him leave to make a shot at the Enemy out of the said Morter-piece but the Defendant commanded him under paine of death not to make any shot at them whereat the said Gunner was so grieved that he oft complained the Towne was betrayed All which Granado's with the Morter-piece were surrendred to the Enemies and not one of them shot against them though they shot many Granado's at the Towne and Garrison 14. That the castle and forts were very strong and tenable if not the Towne that the Defendant himselfe the Towns-men and Souldiers reputed them so that they might have been held divers moneths yea to this very time had not they been surrendred that the Enemy could not have taken them by force even by their owne confessions nor all the Devils in hell have taken the castle had not the Defendant beyond their expectation surrendred them basely into their hands and bestowed them upon them for which surrender the very enemy called him a base Coward and said he deserved to be hanged for delivering up such a Town and Castle as that to them so easily for which they might thank Fiens else they could not have won them by force had not he bestowed them on them beyond their hopes From all which particulars fully proved by the ensuing testimonies we concluded That the Town Castle Ammunition Cannons Armes c. were most dishonourably cowardly and treacherously delivered up to the Enemy and that without and against the Parliaments or his Excellencies previous consents who abhorred the fact and never gave the least way thereunto being executed before they had any thought or tidings of it and before the City and Castle was reduced to any extremity And thus we concluded the second dayes worke The Defendant who spent not three full dayes in defence of the City wasted the three next whole dayes in defending himselfe against the first charge in the third Article onely and no lesse then one dayes space in shewing the weaknesses defects and intenability of the Castle on whose fortification he hath bestowed much money and paines onely to yeeld it up to the Enemy before one shot was made against it as a Fort not tenable then though before that time a place almost impregnable in his own and others opinions which he selected for his Magazine and last refuge resolving to hold it against the Enemy and to lay his bones therein rather then yeeld it up against his trust In this his defence to spin out time he led us in perambulation through all the Works Forts Dikes Rampires Walls about the City or Castle proving the heigth length depth breadth dimensions strength defects and weaknesses of all and every inch of each of them before the Councell by his Officers onely who were parties and involved with him for the most part in the guilt of this surrender which were scarce ever measured and considered by him or them before and discovering so many weaknesses and imperfections in them all not formerly observed as clearly manifested that either his Engineers and he were extremely ignorant and blame-worthy in putting the Kingdome Citie Countrey to such vaste expences in making such inconsiderable weak fortifications which yet the Enemy did not could not force with all his strength and storming losing one hundred men to one of ours in the assault so strong and tenable were they till surrendred or else that these defects and imbecillities were but fine new devices found out since the surrender as in truth they were to palliate or extenuate the treachery and cowardice of the Defendant who left no stone unmoved no turfe unturned no dike unfathomed no Cannon or Bullet unweighed for we had proofe of each of these to save his head from the blocke of which he had far more care then of the City or Kingdome and took us up about sixe whole dayes in the debate of this one Article The summe of the Defendants tedious defence consisted of the ensuing particulars to every of which for brevitie and perspicuity sake we shall subjoine the distinct Replies then given not in a continued Speech as they were uttered the whole three dayes first defence being made intirely together and then the Reply Rejoinder and Surrejoinder thereunto but in parcels as each part of the Reply Rejoinder and Surrejoinder was applied to each particle of the Defence First the Defendant denied that all the Armes were surrendred to the Enemy for it appeareth by the first Article of the surrender that all the Officers of horse and foot were to march out with their full Armes and the Troopers with their swords To which Mr Prynne answered That by the first and tenth Article of surrender all the common foot Souldiers were to march out without Armes and the Troopers onely with their Swords leaving their other Armes together with all their Cannons Ammunition and Colours behind them therefore since all the Armes of the foot all the Troopers Armes but their swords which were not many nor considerable with all the Cannons Ammunition Colours were thus surrendred the words of the Article of Impeachment that all the Cannons Ammunition Arms c. were surrendred were sufficiently and literally proved Secondly that All both in Scripture Law and common parlance is frequently taken for the greatest part or well nigh all as Matth. 2. 3. Herodwas troubled and all Hierusalem with him Matth. 21. 10. All the City was moved saying who is this All men thinke so All affirme it They have taken all their Armes Baggage and the like where all is taken for the greatest part or all in effect And in this sense the Article is true since the Officers Armes and Troopers swords in respect of all the other Armes there left were not considerable Thirdly most of all the Officers Armes and Troopers swords were taken from them by the Enemy as the Defendant confesseth in his Relation Answer and we have proved and if any escaped with their Armes by chance yet all their Armes were quite lost as to the State which had no benefit by nor account of them therefore in this regard the Article is most true Secondly he denied he surrendred the City and Castle against
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
the Line of Communication which the Enemies entred at Bristoll was the Principall Rampart as he pretended Therefore his surrender of it upon their entring the Line was justifiable To which was answered First that the Enemies entring the principall Rampart is no lawfull sufficient ground of a Parley or surrender no nor yet the taking of the principall Fort for the reasons aforesaid as long as the other Forts or Townes are tenable by holding whereof the Enemy may in time be repulsed out of the works they have entred If this were true Military Doctrine then London should by like reason be surrendred to the King in case he came before it together with the Tower as soone as the Line of Communication the chief Rampart were entred or any Out-Fort taken and an whole Army should yeeld the Field if one Troop or company of the Forlorne hope were routed Secondly Though the Line of Communication of Bristoll were entred in one only place yet not one of the Out-Forts was taken the body of the City defended by the Key and all that part beyond the Bridge together with the Castle the chiefest Fort Rampart Sconce and every Street in the Town both tenable and defensible as we have formerly proved therefore the Enemies bare entry within the Line of Communication only was no extremity at all to justifie its surrender in the judgment of any but extreame cowards Thirdly That the maintaining of such a cowardly Paradox to excuse this surrender was an argument it proceeded from cowardize and a sufficient proofe of a timorous spirit His second Paradox was That if the Enemy had once entred or possessed the Town the Castle ought not to bee kept to the prejudice of the Citizens but ought to bee surrendred together with the Town by the constant practise and policy of Warre in all places all ages in which he was so confident that hee challenged Mr Prynne to shew one president to the contrary and produced divers examples in forraigne Parts out of French Mercuries and Gallobelgicusses with some late examples at home to justifie this assertion as namely the example of Leypsick Mentz Philips-burb Prague Ausburge the Burse Breda and other Townes abroad of Portsmouth Exceter Lincolne Worcester Winchester Chichester Malmesbury Hereford Taunton Town and Castle Bridgwater Dorchester Dartmouth Lime Reading where he saith the Townes and Castles were both surrendred together and not the Castles held out when the Towns were taken yet none of these Governours were ever questioned by the King or Parliament And hee gave this reason to prove this Paradox that if Castles should hold out when the Townes were taken or yeelded it would much dishearten the Citizens and make them unwilling to entertaine or assist any Garrisons in the Castles To which Mr Prynne retorted retorted That this was the grossest absurdity that ever was broached by any man in his right sences and had hee not been intoxicated with a spirit of pusilanimity he would never have invented such a poor subterfuge or made such an ignorant challenge as this to save his endangered life For first Castles and Citadels in most Townes are usually the strongest most tenable most impregnable pieces of all others best able to resist and annoy the Enemies the Out-works Line and Towns themselves lesse tenable and resistible then they to argue therefore that the Castle ought to be surrendred as soone as the Town is entred or taken by the Enemy is in effect to averre That the strongest Fort of all must bee yeelded because the weakest part of all is entred If this were a good Souldierly argument then by the selfe-same reason if there were twenty strong Forts or Castles about a Towne and but one weake one the whole twenty strong ones though tenable must be yeelded because only the weakest one was forced the Lord Mayor of London in case that City were besieged might yeeld up both the Tower Town and all the other Forts to the King if the weakest part of the Line were but entred or Hide-Parke or Islington Fort once entred by the Enemy Yea by this kinde of Souldery if the weakest Troop or Company in an whole Army be routed the maine Body and Battalio of it must presently yeeld up themselves and the Field too because this weak party thereof is defeated and his Excellency at Edgehill fight where some of his horse and foot runne shamefully away upon the first charge should by this sencelesse policy have fled or yeelded and not wonne the day as he did with greater honour because the worst and weakest part of his Army was routed But since all men know that the strongest Forts and parties are to defend the weakest not the feeblest them and the Castles in Cities made more strong and tenable then other parts for this very purpose that they might hold out when the weaker parts are taken this being the only use for which they were built and made so strong the reason holds good on the contrary part that because the Town which is the weakest is taken therefore for this very reason the Castle which is the strongest part ought to be held out and not surrendered Secondly Castles in most Townes command the whole Townes where they are and those who are Masters of them are still Masters of the places and will soon regaine the Townes but if once surrendred the Enemies become presently absolute Masters of both and no hope is left of regaining either Town or Castle againe without a siege or infinite expence and danger Therefore there is all the reason in the world to maintaine the Castles to the utmost when the Townes are entred and not to yeeld them up together both to preserve the dominion of the place and regaine the Townes with ease and speed Thirdly As long as the Castles hold out the Enemy can enjoy little benefit by the Towns and have lesse security in them Besides their Conquest is incompleat lesse terrible not advantagious their progresse from thence to other places retarded unlesse they leave the Castles unbesieged And their forcing of the Castles will consume them farre more men Ammunition money then the entring of the Towns which without the Castles commanding them are little worth Therefore for all these reasons it is apparant that Castles ought to be kept by the constant exquisitest grounds and policy of warre when as the Towns themselves are taken or surrendred Fourthly Neither will this be a discouragement but the greatest incouragement that may be to the Citizens that the Castles must thus hold out to utmost extremity First because the persons and estates of the wealthiest Citizens will be there secured against the Enemies rage and plunder as the honest Bristolians thought to have saved their persons and estates by retiring into the Castle when the Town had been forced which were lost by surrendring it Secondly Because by keeping the Castles the Townes are certaine to bee preserved or regained in a
for which his Temporalties should be seized and whatever monies he had received from the King and imployed to his owne use he should presently make full paiment thereof into the Kings Treasury without delay or difficulty Had he been a Lay-man his censure had proved capitall and more rigorous Here we have all Colonell Fiennes excuses pleaded to justifie this action First the saving not of a body of 1500 but 7000 English-men to serve the State whose lives were all endangered not in a garrison Towne or Castle well victualed or ammunitioned as those in Bristoll were but lying on the open sands without defence and that not in their owne native soile but beyond the seas in an enemies countrey Secondly Despaire of timely reliefe and greater want of Victuals then was in Bristoll where there was too much plenty Thirdly a Letter from the King himselfe injoining the Bishop to quit the Towne to the enemy in case they wanted Victuals as he alledged they did when as Colonell Fiennes received no such Letter from the Parliament or his Excellency to quit or yeeld up Bristoll Fourthly this Towne was won from the enemy by the Bishop himselfe not immediately committed to him to guard by the King or Parliament as Bristoll was to the Defendant who had lesse right to surrender Bristoll then this Bishop Gravelin being his owne conquest Fifthly he did not yeeld up the Towne with all the Cannon Armes and provisions in it to the enemy as the Defendant did Bristoll but onely demolished it and sleighted the Fortifications departing thence with bag baggage cannon and his men yet notwithstanding all these particulars and the gallant service this martiall Bishop had done in this Expedition he incurred this heavie censure and had his Temporalties seized divers yeers for his Fine and Ransome And if he deserved such a censure no doubt the Defendant deserves a far greater notwithstanding his excuses The fourth president is that of Sir William de Elmham Sir John Tryvet Sir Henry de Ferrers and Sir William de Farendon Knights and Robert Fitz-Ralph Esquire impeached in the Parliament of 7. R. 2. rot Par. n. 24. for surrendring the Towne and castle of Burburgh to the enemy and receiving monies for the Armes Victuals Prisoners and goods within the same To the which Sir William de Elmham and most of the others pleaded that they were enforced to surrender the Towne and castle to the enemy of fine force for the salvation of themselves the Garrison and people therein the enemy having besieged and assaulted it in very great number and set the Towne on fire within who would have taken it by force and taken or slaine all those within it had they not yeelded it by agreement And that the monies they received was onely for the Prisoners Victuals and other goods within the same not for the surrendring of the Towne it selfe Yet notwithstanding this excuse was adjudged insufficient and the parties ordered to make full paiment to the King of all the monies received from the enemy to stand committed to prison to make ransome at the Kings will according to the quantity of their severall offences and Sir William de Farendon left to the Kings mercy both for his body and goods to doe with them what he pleased Here we have a Towne assaulted by a multitude of enemies fired in part and thereupon a surrender upon composition to save the Officers and Souldiers from being taken or slame by the enemy yea a better market then the Defendant made at Bristoll even a sale of the prisoners Victuals and goods in the Towne to the enemy for money when endangered to be all surprised by force yet this was judged no excuse Therefore certainly the Defendants pretended necessity and danger of forcing the Towne by the enemy not halfe so reall as this cannot excuse his crime nor extenuate his guilt nor yet his pretence of saving his Officers and Garrisons lives and estates to doe the Parliament service else where The fift president is that famous case of William de Weston in the Parliament of 1. R. 2 num 38 39 40. The Commons in this Parliament prayed that all those Captaines who had rendred or lost Castles or Townes through their default might be put to answer it in this present Parliament and severely punished according to their deserts by award of the Lords and Barons to eschew the evill examples they had given to other Governours of Townes and castles Whereupon Iohn de Gomineys whose case I began with and William de Weston then detained Prisoners in the Tower because they had lost and rendered the Kings Townes and castles to the enemies were brought by the Constable of the Tower before the Lords in full Parliament in the White chamber where Weston by the Lords command was arraigned by Sir Richard Lescop Steward of the Kings house in manners following William de Weston you took upon you from the most puissant Prince whom God assâ—ile Sir Edward late King of England Grand-father to our Lord the King that now is safely to keep to him and his heires Kings of England the castle of Outhrewyke without surrendring it to any one but to the said Grand father or to his said heires or by command from him or from his said heires have you William who are a Liege man of our Lord the King in times of the same our Lord the King who now is true heire to the said Grand-father delivered and surrendred the same to the enemies of our Lord the King without command from him to the dishonour or dammage of him and his Crowne and of the estate of his Realme of England against your allegeance and undertaking aforesaid What will ye say hereunto Whereupon the said William put in his finall Answer in this behalfe To the most sage Counsell of our Lord the King and to the other Lords and Commons of the Parliament supplicates and sheweth William de Weston that albeit he be accused of this that he hath maliciously rendred the castle of Outhrewyke of which he had the custody by delivery and assignment of our Lord the King may it please your sage and just discretion to have the said William excused thereof for these causes ensuing First of all may it please you to remember how that the said William was lately informed by a Spie that a great power of the enemies would come upon him to besiege the said castle with very great and very grievous Ordnances whereupon he the said William presently by his Atturney and by his Letters required of the said Councell that it would please them to re-enforce the said castle with more men for the defence and safeguard thereof in regard that the Garrison of the said castle that then was were not halfe sufficient in respect of multitude to resist so great a force in so large a place but in conclusion for all this he could not have any succour from the said Councell And so the said William not at
against all the Enemies power to the irreparable dammage of the Republike the losse of the Western parts the hazzard of the whole Realme and infinite inriching strengthening advantaging of the common Enemy both by Land and Sea Vpon which Articles after a full and honourable hearing for nine dayes space before a Councell of War at Saint Albanes the said Colonell the 29 of December last was found guilty of the premises and judgement pronounced against him That his head should be cut off Yet notwithstanding some friends of his to blemish your Petitioners and that Honourable Councells just proceedings have confidently reported in London Westminster and elsewhere That your Petitioners did retract all and could not prove any of their Articles that they cryed Peccavi asked the Colonell forgivenesse who made such a brave defence and came off with such honour as never any man did before him that he was absolutely acquitted from all cowardice and treachery and condemned only for not firing that famous City which his conscience would not permit nor the Parliament in honour could not have suffered him to doe That his guard continued upon him but two dayes after sentence that he is already set at liberty pardoned though we humbly conceive no person can pardon his judgement in this common case without speciall order of both Houses and shall shortly sit in the house againe By reason of which false reports your Petitioners for their cost and paires in this publike prosecution have been much defamed his Excellencies and the Honourable Councell of Warres proceedings insufferably traduced truth disguised the well-affected party discontented Malignants mouths opened to complaine of partiality the Honour and justice of the high Court of Parliament principally interessed in this Triall directed by severall Orders of this House blemished and a high-way prepared in these perillous times which daily produce new monstrous Plots to undermine us to betray all Forts and Cities yet remaining in your power through treachery or cowardice if this signall leading president of grandest publike concernment shall be thus openly traduced and the execution of it so suddenly so sleightly passed over as is reported especially since the condemned Delinquent hath both in Speeches and printed Relations justified this his unworthy action to the utmost before this Honourable House the Councell of War World not yet making the least acknowledgment of submission or satisfaction for the same and denied at the Triall that Colonell Essex was ever Covernour of Bristoll or that he did apprehend or remove him or that himselfe was ever Governour of this City and Castle or undertook to defend the same or had any Commission to keep it but onely to keep his Souldiers in order the contrary of all which appeared by his owne Evidence and that he had twice sent for received accepted an independent Commission by all possible wayes and meanes to provide for the defence and security of the same City against all enemies and opposition whatsoever And when his sentence was pronounced he appealed from it to the Parliament which he had formerly declined arraigned his Iudges after sentence by demanding the reasons of their judgement which he said he little expected and what Witnesses they allowed or disallowed and most injuriously attributed the losse of Bristoll and the West with our prosecution of this cause proceeding meetly from his owne sollicitation to an Honourable Member of this House now imployed in great command with happy successe most falsly averring to the Councell that he was thus eagerly prosecuted by your Petitioners at Sir William Wallers instigation onely for the great affection which he and his father did bear and the good services they had done to my Lord Generall and his Army In tender consideration whereof they humbly supplicate this Honourable House to take the premises into your just and serious examination that so the Authors of these false reports may receive such exemplary punishments as may deterre others from like slanders your Petitioners and others defamed by them such just reparation in their Honours as may encourage them to doe your Honourable House and the Kingdome further service and the Delinquent such impartiall execution as shall most redound to the Parliaments Republikes future security and prevention of Offendors of this nature without which no safety can be expected And your Petitioners shall ever pray c. Clement Walker William Prynne Which Petition being published in print conjured downe the former false rumours and forced the shamelesse slanderers to pull in their lying tongues for a season But not long after Britannicus bribed by the Defendant or his Partisans most impertinently and unseasonably pleaded this condemned persons innocency and pardon notwithstanding his censure making his pretended Pardon if granted by his Excellency without the Houses privity a meere act of justice not of grace for which he received a just Check in print Vpon this Britannicus not only pleads for him the second time against the Check but the Colonell himselfe assumes the boldnesse instead of lamenting acknowledging his grand state-ruining offence once more to justifie himselfe and censure both his Iudges and Prosecutors in a printed Pamphlet inscribed A Checke to the Checker of Britannicus or The Honour and Integrity of Colonell Fiennes revived re-estated and cleared from certaine Prejudices and Mistakes occasioned by the late Misreports c. London Printed by Andrew Coe 1644. That this Treatise was penned by himselfe is cleare by the stile by his owne expressions in it uttered at his Triall the catalogue of the Witnesses produced on his part and this equivocating passage in the Preface To all the well-affected partie in the Kingdome viz. Rather then a Gentleman should by his owne patience and modesty suffer his blood to be thus hunted to the last drop though for my owne part I never saw his face yet having seen the transactions and prosecutions of his businesse I shall write not to contradict c. but to state the condition of a sentence c. Doubtlesse no man can be so sottish as to imagine that Britannicus to whom some attribute this Treatise never saw Col. Fiennes sweet face much lesse that this Pamphlet was writ by a meet Stranger who never really viewed his Physiognomy for why should any Stranger be so zealous for a condemned person whom he never beheld as thus professedly to plead his cause in his owne words or how could he come to know the transactions prosecutions of this businesse and names of his Witnesses as they are there related being never yet published in print Therefore this equivocating passage proves it was penned by himselfe who never saw his own face really but onely the shadow of it in a glasse though he might haply view his ruby Nose without a Mirrour The whole scope of this new Check-worke is First to justifie this Delinquents innocency against his censure to lay an aspersion on his Iudges and the Law of Warre by which he was condemned the whole contexture
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
in this condition the enemy found us who shewed themselves before the Tovvne the 23th of Iuly but assaulted not the Tovvne till the 25th day in the morning vvhere they vvere repulsed vvith some losse the next morning being the 26th they furiously assaulted the City on both sides but vvere every vvhere repulsed vvith great losse except at one place vvhere entred about 200. or 300. of the enemy the Line being imperfect and a vveake Guard onely strengthened by some horse under the command of Langrish vvhom Lieutenant Clifton complained of to the Governour but the day before for his usuall neglects on service and desired the Governour to remove him to vvalke the streets his desire I seconded telling the Governour he had played the covvard formerly and vvas not fit for such a Charge or words to that effect notvvithstanding he continued him there Presently upon the entry of the enemy Colonell Fiennes drevv off all his men from the Lyne on that side the Tovvne the entry vvas made and vvould not hearken to any Officer that advised him to sally and fall upon the enemy presently but delayed till three houres after vvhen the enemy had possessed himselfe of places of advantage in the Suburbs I further affirme that he had sent to the enemy for a Treaty before I knevv or heard of any such thing and for ought I knovv he called no Counsell of Warre for that end Iurat Novemb. 14. 1643. Thomas Stephens The Testimony of Col. William Stroode delivered first in writing and afterwards Viva voce before the Counsell I depose that the 17. of July at night sir William Waller departing from Bristoll with his Troopes and many Gentlemen of the Country leaving the Towne I thereupon conceived that Col. Nathaniell Fiennes then Governour thereof might want assistance for its defence whereupon I repaired to the said Governour the next morning and told him that seeing most of the Gentlemen left him yet I though I had no Command there if he resolved to keepe the Tovvn vvould stay there vvith him for which he thanked me and told me * That he vvould dispute every foote of the Tovvn and Castle thereof vvith the Enemie and doubted not the keeping of the same Whereupon I promised to stay with him and disposed my horse which were neere 20. under the said Governours Command Who vvas * very confident as I conceived that the Line and Workes about the said City vvere very sufficient and the Castle thereof in very good defence the Workes vvhereof he vvas very diligent to perfect and to increase his men and Armes till the Enemie came before it And I my self conceived the said Tovvn and Castle tenable against all the Enemies povver else I vvould not have continued therein And although I pretended not to have a lodging in the Castle yet Captaine Birch told me I might have one so as I would send in ten pounds a man for my self and my retinue to buy provision of victuals That the 23. of Iuly last the Enemie appeared in small bodies before the East and South parts of the City but retreated again to their Quarters and the next day they appeared in greater bodies and that night Quartered somewhat neere unto it The 24. of that moneth they assaulted some of the Out-Workes very weakly and shot their Ordnance at randome The 25. day they appeared in greater number and discharged divers Canon shot against the Out-Workes some of which fell into the City but did no harme The 26. they furiously stormed the Town from one a clock in the morning till after day-light and were repulsed with great losse every where but in one place where the Line was defective where some of the Enemy entred betweene 5. and 6. of the Clock as I heard that morning Not long after the said Governour meeting me desired me to come to a Councell of War at which there met some 8. or 9. Officers and no more Where the said Governour himself propounded a Parly vvith the Enemy complayning then and not before of the Weaknesse of the said Tovvn and Castle pretending to save the men and Armes therein for the service of the State by yeelding up the place upon conditions But in the debate thereof Lieutenant Col. Davison Major Holmes and my selfe opposed the Parly and Major Holmes and I gave our Votes against it there being no Gentlemen of the Country present at the Councell but Sir John Horner who as I remember gave no Vote at all And the Governour then pressing to have the Parly * speedily and openly I was much against it desiring it might be forborne till the Enemie came on once more upon us for if we should Parly with them now it would discourage the Souldiers and make them to fight no more but all I then alleaged could not prevaile with the Governour who presently sent out a Drum for a Parlee and in the Treaty about the surrender the Article of delivering up the Troopers Armes and the last Article of leaving all the Ammunition Canon Armes and Colours to the Enemie was never consented unto by me or any of the Councell of War in my presence but yeelded unto by the Governour alone without the said Councells consent and privity as I conceived after some private discourse between the Governour and Col. Gerrard in the Garden upon whose returne from thence the said Articles were delivered After which the Governour wholy neglected to see the Articles punctually performed to the 〈…〉 the streetes in the presence and view of the Governour whose Sumptor was in danger to be pillaged we being posted from one Gate to another ere wee could get out of the Towne Colonell Stroode likewise confidently affirmed to the Counsell on his Oath that this Counsell was called and the Parley resolved on before the sally and the first Drummer sent out for a Parley about nine of the clocke which he well remembred because the Governour having no Watch called for his which he brought with him to London and it was then but nine whereas the sally as he together with Major Homes Captaine Tyson and others attested was not made till between eleaven and twelve after the first Drum was beaten in by the enemy through mistake and then after the sally a second Drum was sent out upon which the parley and surrender ensued The substance of the Depositions of Lieutenant Colonell Paleologus and Lieutenant Colonell Andrewes These two Gentlemen attested that they being in Bristoll when Colonell Fiennes removed Colonell Essex thence and tooke upon him the government thereof hee sent for them to his Lodging as soone as he was Governour and told them that he was no Souldier nor knew well what belonged to the keeping of a Towne and therefore desired them being Souldiers to take the charge of the Towne wholly upon them under him who would be advised by them being Souldiers the one within the City the other without in the Workes and Suburbs which
that his whole Regiment that entred were not above 300. men most of the rest being slain or wounded in the storme or assault that morning So little advantage gained he by examining this witnesse who surther affirmed that the bullets one night flying somewhat thick in the streete where he and the Governour stood talking together being shot onely at randome in the dark the Governour was so fearefull that though he had an Armour of proofe upon him he presently cryed out they have found me where I stand and thereupon removed cut of Gunshot He likewise testified that the place where the Governour used to stand with his Troope under Alderman Jones house which he alleaged to be a place of greatest danger because a Granado casually fell there almost into the midst of his Troope though it hurt no man was one of the securest places about the City the Wals of the Gardens and house betweene them and the Enemies being more then double Canon proofe and the place they stood in not commanded from any the Enemies quarters being free from all kinde of shot but this Granado mounted so as it fell just under the House Walls from over the house top And therefore it was no great Argument of his valour to stand in a place of such security The Testimony of Major Allen viva voce at the Councell That he some 2. or 3. dayes before the Seige of Bristoll brought neare 200. men well armed from Malmesbury into Bristoll whom Colonell Fiennes entertained and some 7. or 8. barrels of powder in sackes That the Castle was so strong and Fortified that he conceived it tenable and would have held it out against the Grand Seigneur and all his Army had they come before it That he was not called to a Councell of War though an Officer either to deliberate whether they should Parley or to consult of the Articles of the surrender That he casually comming to the Governours lodging after the Articles agreed on found that the Governour had released one of their Hostages and would have sent away the other but that he perswaded him to stay him for having else no security himself the City and Souldiers might be all indangered the Enemies detaining their Hostages and he releasing the Enemies That the City and Castle were surrendred before the hour agreed the Souldiers Pillaged dismounted in the streets contrary to the Articles through the Governours carelesnesse and neglect That he some other Commanders after the surrender left the Governour and for their better security crossed the Country and by the way having conference among themselves touching the surrender many of them concluded it was very shamefull cowardly and dishonorable That Colonell Fiennes at Colebrook earnestly pressed him to subscribe his Letter to his Excellency since Printed as some others had done but his conscience telling him that many things in it were false he had the grace to refuse the subscribing of it and did not set his name thereto The Testimony of Captain Samuel Roper of Lincolns Inne I Captain Samuel Roper do testifie upon Oath that the Right Honourable the Earle of Desmond did tell me about six weekes since that the Lady Newport did affirme to his Lady at Oxford before the time that Bristoll was delivered up That Bristoll should be surrendred to the Kings Majestie or words to this effect Samuell Roper We would have Examined these Honourable Persons but that the thing was not denyed And Captain Roper since the Tryall hath attested that theRight Honourable Earle of Denby informed him that * there were divers wagers laid at Oxford and here about London both before and during the seige of Bristoll that Bristoll would be surendred on the 26. of Iuly to the King as in truth it was The Deposition of Captaine Iames Harrington I Captain Iames Harrington doe attest upon my Oath that I did heare Captaine Oland Capt. of Dragoones at the siege of Bristoll say that he could speak much of the carriage of the businesse of Bristoll at the siege and after within two houres being demanded what he could speake truely touching the forementioned passage by Mr. Walker he answered him in my hearing Oh Mr. Walker I have much Arrerages behind or words to that effect I further affirme upon my Oath that I being in sir Iohn Horner his chamber on Friday morning last past at the Dolphin here in St. Albans heard an ancient Gentleman say that he came to sir I. H. from Colonell Nathaniel Fiennes to intreate him to be at the Counsell of Warre that morning by ten of the clocke to whom sir I. H. answered he would that my Lord Say desired to be remembred to him and that he had 100. or 200. l. ready for him at London and would pay the residue that is due unto him by such summes speedily or words to that effect Iames Harrington The Deposition of Capt. Robert Bagnall touching the late surrender of the City and Castle of Bristoll to the Enemy by Colonell Nathaniell Fiennes late Governour thereof taken before the Judge Advocate in London The Deponent attesteth upon his Oath that the Thursday before the Enemy came to besiege the said City of Bristoll this Deponent was earnestly desired by the said Governour Col. Fiennes to raise a foote Company of Souldiers to increase the Garrison thereof which he accordingly did upon his owne cost being induced thereto onely by the promise of the said Governour made to this Deponent to defend and keepe the said City and Castle to the uttermost and by his solemne protestations to him that he would either hold the same against the enemy or else the City should hold him and he would leave his bones therein After which the Enemy approaching the said City on the Munday storming the Out-works of it in sundry places on the Wednesday morning very early they were valiantly repulsed with great losse in all places but one neare Brandon Hill Fort where about one hundred and fifty of the Enemies and no more as this Deponent who viewed them conceived entred the Lyne upon which their entry this Deponent and his Company were severall times commanded by the said Governour to come off the Line and retire into the City which they were very unwilling to doe as conceiving it a very great advantage and encouragement to the Enemy whereupon this Deponent repaired to the said Governour and earnestly importuned him to be pleased to give order that he and his Company Captaine Sampson and his Company Captaine Richard Hipsly and his Company might instead of retreating into the City from the Line make good the breach where the Enemy had entred with one of those Companies and that the other two Companies might fall upon the Reare of those that were entred and did further desire him that Captaine Stokes being then with a reserve in Saint Iames Greene might Sally out at Froome Gate in Front against the Enemies so entred to out them off
which advice the said Governour utterly rejected and required and enjoyned them upon paine of death to draw off the Line into the City And then of his owne accord without calling a Councell of War and without the privity or consent of any or at least of very few of his Officers or Captaines the said Governour sent to the Enemies to desire a Parly with them After which he summoned a Councell of War to Treat about the Articles of surrender of the said City and Castle the Councell upon debate resolved that it was neither honourable nor safe for them or the Kingdome to quit the place unlesse they were permitted to march away with halfe their Armes yet notwithstanding the said Governour and his Lieutenant Clifton going forth into the Garden to Colonell Gerrard one of the Enemies Commissioners for the Treaty after some private conference with him upon his returne to the Councell the said Governour told them plainely that they must now deliver up all the Armes and every thing else to the Enemy saving what was expressed in the Articles of Agreement which he then produced to them and accordingly he did surrender up all the same to them and that * before the houre agreed upon in the said Articles to the great damage and prejudice both of the Souldiers and Inhabitants Robert Bagnall This Witnesse comming very close the Defendant was very much netled at it and thereupon sent a Warrant to bring him from London to Saint Albanes where he personally appearing before the Councell the Defendant charged him for a partiall witnesse and that he had forsworne himself in his Deposition As to his partiality Mr. Prynne answered that he was the most indifferent witnesse of all others because he was no mercenary Captain to whom arrears were due but one who served his Country freely and raised his Company on his own charge whereas all the Officers he produced served onely for hire not gratis And if there were any partiality it was likely rather to be for then against him For whereas Captaine Bagnall was a meere stranger unto us to whom he had no relation nor obligation he had been a long acquaintance and active faithfull friend to the Defendant for whom he had done many good services As first he had taken two dangerous journyes to London and his Excellency at his own proper charge to procure him an Independant Commission for his Governour-ship of Bristoll Secondly he had beene very active in furnishing him with men and monies from time to time during his residence in Bristoll Thirdly he did at his earnest request and upon his promise to defend the Town and Castle to the utmost raise him a company of men most of them Volunteers at his own charge who did very good service and behaved themselves manfully in the Siege Fourthly he had adventured his life and estate for him and done him more faithfull service upon his own purse without the least recompence then any man of his quality in those parts and there was never any enmity between them It was therefore very improbably that this witnesse would be partiall on our parts against the Defendant without any ground or motive And it was a very ingrate requitall of all his costs travell respects disbursments for the Defendant thus to baffle and charge him openly with perjury And if he thus affronted abused this witnesse to whom he was so much obliged before the Councels faces onely for deposing truth to stop whose mouth Colonell Iohn Fiennes proffered him a Captaines place in a new Regiment he said he was to raise the Councell might easily conjecture how he dealt with others by threats or promises behind their backs and how difficult a thing it was for us to procure any to attest the truth of his unworthy actions To prove him perjured the Defendant alleaged that Captain Bagnall among others subscribed his name to the Letter he sent to his Excellencie which in many things was contrary to his Deposition To which he answered that he subscribed the Letter at his importunity that he disliked many things in it which he told the Defendant he knew and would justifie to be mistakes That he subscribed not to all the particulars in the Letter which no one that signed it could certainely attest on his owne knowledge but onely to such things in it as he knew some attesting one part which the others knew not of and all of them attesting the whole between them not every one that subscribed every particular as appeares by the letter it self and is usuall in such kinds of Relations of fights and sieges where though the whole Relation be subscribed by many as true one attesting one part another another distributively yet no one subscriber can or doth attest the whole in common judgement but onely so much as himself did act or see Which answer clearly took off this objection This device failing him he began to interrogate the Captain upon every branch of his Deposition to intrap him but yet failed in his project He demanded of him when and where he saw the Enemie enter where he was and what he did when the Enemie stormed the Works that morning To which he gave punctuall answers Then he demanded whether he drew his men off the Line as soone as he received his command to do it He answered no because he thought it inconvenient the readiest way to lose and betray the City as it proved Upon which answer the defendant demanded Iudgement of death against him for disobeying his Orders To which was answered that he was a volunteer and under no pay or strict command as others that his disobeying the first command was upon good grounds to prevent the losse of the Town that he came immediately to the defendant himselfe to acquaint him with the reason of his disobedience and importuned him insteed of drawing his men into the City from the Line to make good the breach and charge the Enemy presently which had saved the Town which Councell he refusing he did thereupon draw off his men as he was commanded that if his disobedience had beene capitall he should have presently questioned and proceeded against him for it or have Articled against him before this Honourable Councell longere this but having thus long neglected to doe either himselfe was most faulty of the two and this exception savoured more of malice then justice Then he demanded of him In what place it was that he importuned him to fall upon the Enemie in such sort as his Deposition mentions Who answered it was in a signall eminent place even in the midst of the City just over against the place where Yeomans and Butcher were hanged by his directions for offering no surrender and betray Bristol to the Enemie At which the Defendant grew blank saying he did not remember that he spake any thing to him there After this he demanded of him how long he stayed in the Towne after he was
in the Court of Requests it was impossible for Glocester to hold out 3. dayes against the King Secondly Captaine Rawlins deposed the Enemie had planted a battery and drawn their Ordinance within the Line before the Sally to wit about 9. of the clock whereas Captain and Lieutenant Husbands both expresly depose that no Canon were brought in till two of the clock at least which they were certaine of because there could no Canon be brought in but by the Fort wherein they stood Thirdly Lieutenant Husbands deposed that the Horse entred the Line within one houre after the Foot first entred and upon crosse demands he attested that the Foot entred before sun-rising about 4. of the clock and the Horse not till 6. or 7. which is two or three houres at least yea Captain Nevill with other of his owne witnesses attested the Horse entred not till 7. or after Fourthly Major Holmes deposed that he voted at the Councell of War against a Parley and being demanded the reason he answered It was because he thought the Town to be in as good condition in Glocestershire side as he left it in Somersetside where his charge was Which could not be for the Enemie had made no entry on that side as they had done in this Besides he deposed he was in the Sally which was beaten back therefore the Parly was concluded on before the Sally made as Colonell Strode expresly deposed though the Defendants witnesses and Major Holmes denyed it or else this could not be the reason of his vote against a Parlcy for after the Sally beaten in he must needs know they were in worse condition on Glocestershire side then in Somerset where the enemy never entred Captain Bagnall thus cleared in all particulars was bafiled unsufferably by the Defendant himself before the Councell and by his witnesses assoon as the Councell was risen some of them giving him the lye in the Councell chamber others challenging him others menacing him in such sort that Mr Prynne complayning of these insufferable abuses to the Councell it was ordered to exhibit Articles of complaint in Captaine Bagnalls name against those who challenged and gave him the lye which he did accordingly The Testimony of Captain Henry Loyde I Henry Loyde who commanded a Company for the defence of the City of Bristoll during the late Siege affirme upon my Oath That I was commanded to attend in the Marsh with my Company where the Governour Nath. Fiennes comming to them A Souldier of my company pointing with his finger to that Part of the Line betweene Windmill-Hill Fort and Brandon Hill Fort where the said Line was not yet perfected and where the Enemy afterwards entred advised the said Governour to have a care of that place as the onely likely place for the Enemy to enter at and did further admonish the Governour that the Line in that place was very weakely manned for which the said Governour called him sawcy knave this Deponent farther affirmeth that he advised the said Governour to plant some Musquetiers upon the Key which he neglected he farther affirmeth that the said Governour Entred into Articles to surrender the said City and Castle with all the Ammunition Colours Armes Provisions and Prisoners before any one Fort was taken or any battery or assault made upon the Walls of the said City or Castle Henry Loyde The Testimony of Nicholas Cowling Commissary I Nicholas Cowling Commissary of victualls in the Castle of Bristoll under Colonell Nathaniell Fiennes late Governour of the said City and Castle having the custody of the victualls laid up against the siege being required to disover the true quantity thereof to my knowledge which was in the said Castle when it was delivered up to the enemy by the said Governour doe here declare upon Oath that there was then in the said Castle Eleaven thousand weight of Bisket Eight hundred Bushells of Wheate or neare about Some reasonable store of Pease Beefe of the first salting 60. barrells Porke 10. barrells 12. Fat Oxen ready to be killed 20. Leaner Oxen which would serve 6 Milke Kine Hay for tvvo moneths Coales for a yeare Cheese and Butter good store Sixteene Butts of Sacke Good store of Tobacco Which victuall and Ammunition which was in the Castle with the men belonging to the Garrison having the Forts in our possession it was not possible for the enemy to gaine the City if we had fought it out the Castle being so fortified with Out-workes and the City not entred but onely the suburbes and this was likewise the opinion of the * Controwler of the Ordnance Nicholas Covvling The substance of Henry Hassard his Deposition I Henry Hassard late Master of the Ordnance in the City and Castle of Bristoll having all the Ammunition thereto belonging in my custody and being desired to discover the quantity to my knowledge of all such Ammunition as was in the said Castle when it was surrendred to the enemy by Col. Nath. Fiennes late Governour thereof doe here declare upon-my Oath that there was then in the said Castle 50. Barrells of Povvder he saith not and no more 1400 vveight of Match Halfe a Tun of Musket bullets ready made 50 Great Granadoes 500. Canon shot for the peeces on the vvhite Tovver besides other shot 55. Peeces of Canon in the City and Castle mounted besides sir Francis Pophams Gunnes and some peeces unmounted I do likewise further declare that I have often heard Col. Nathaniell Fiennes say That he would defend the Castle and keepe the City and Castle to the utmost that his Flag of Truce should be his Winding-sheet and that he commanded me to lay aside a reserve of thirty barrells of powder with shot and match proportionable in the said Castle which I did Henry Hassard He likewise confessed to Mr. Prynne Captain Birch and others that Col. Fiennes charged him to give him notice when all the Ammunition but this reserve of 30. Barrells was spent for that he would then treat with the enemy but not before that they had a Match-maker a Bullet-maker in the Castle and store of materialls Lead and Tinne to make Match and Bullet as fast as they needed them That after the enemy had entred the Line of Communication he planted one peece of Ordnance at the head of the Key and three at Gyb-Tayler and did beate the enemy out of fir Ferdinando Gorges house being a place of advantage the enemy had gained in the suburbs upon their entry and that he offered to fire the huses in the Greene and beate the enemy out of them but because Col. Fiennes owed him arreares of pay for payment of which he had given him a Bill under his hand he was unwilling to testifie against him in all particulars so fully as else perhaps he would have done or this which Major Dovvet the Defendants chiefe witnesse against sir William Waller hath attested under his owne hand and denyed not when crosse examined upon Oath viz. The said
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
of death to quit and come off from our Works and Line which we are very unwilling to doe this being that the enemies desire it being an easie matter to take the Workes when there are none to guard them to which the Governour flatly answered That they must come away thence Whereupon the souldiers very unwillingly left the said Workes and Line the Gunner threatning to shoot all those that should depart and this Deponent and other souldiers spoyled about one barrell of Powder and another of Shot at the Line because the enemy should not gaine it in their absence after which this Deponent repaired to the Governour to his House in Broad-street where he was taking Horse and said unto him Noble Governour if you please to give me a Warrant I will goe to our Captaine and cause him to beate up his Drummes for he and his souldiers are all willing to fight and we will goe into the Suburbs where the enemy is entred and try what good we can doe among them to which he gave no answer at all but insteed of encouraging us to beate out the enemy as we desired and were ready to doe he fell to treat with them about the surrender of the Towne and Castle to the great griefe and discontent of this Deponent and others who would have defended them to the utmost and of some women who in this Deponents hearing desired Captaine Stiles as he remembreth and his men to goe couragiously against the enemy and if they feared the Canon we said they and our Children will put our selves betweene the Canons mouth and you to dead and keepe off the Bullets or words to this effect which much moved and encouraged this Deponent to have beaten the enemy out of the suburbs And this Deponent saith that when the said Governour treated with the Enemy they had not taken any of their Forts to his knowledge nor made any one shot against the Castle or Towne Walls for ought he knew or heard and that there wanted neither provisions nor Ammunition nor men to defend the same or at leastwise the said Castle which was strongly fortified victualled and provided with all necessaries for a long siege all which together with the souldiers Armes and Colours were unexpectedly surrendred to the enemy to the great griefe of this Deponent and others of his company William Deane The Deposition of Thomas Munday I Thomas Munday late Garrison Souldier in Bristoll under Captaine Loyde during the siege thereof doe attest upon my Oath That I being in the Marsh at Bristoll with my Captaine and Company the Tuesday before the Enemy entred the Line Captaine Langrish comming to the Workes there and Col. Nathaniell Fiennes then Governour of the City I said to Langrish Captaine yonder is a very suspitious place and not fully fortified betweene Brandon Hill and Windmill Hill Fort and it is very doubtfull that unlesse you set an hundred Musketiers more there it being very weakly manned the enemy will there make the first breach pointing to the place with my hand which words the Governour hearing asked in an angry manner What doth he prate whereupon this Deponent replyed I hope it is no offence to you sir what I speake and the very next morning the enemy made a breach and entred at that very place After whose entry this Deponent spake to Master Cowling and to a City Captaine one after another to advise the Governour to stop up the way which came downe from the Back and the Key and to place Musketiers upon the City Wall and thrust three or foure peece of Canon through the Wall over against the Marsh which had it been done the enemy could not have entred the Marsh or City when they were within the Line but we must have slaine abundance of them Which thing was not done nor yet the Hedges neere the City cut downe before the siege which gave great advantage to the enemy to annoy us and he saith that the Castle was extraordinary strongly fortified and stored and very tenable as he beleeveth and that he knevv nothing of the agreement to surrender the City and Castle to the enemy till a little before they were to march out of the same so as he had no time to hide his sword or Armes and that he and sundry of the other souldiers were much discontented at the surrender thereof and would have fought it out to the last and that he saw divers of the souldiers breake their Rests and Pikes and beate their Muskets on the ground in discontent and that when they were to march forth they were led up and downe from one gate of the City to another severall times and pillaged openly as they marched through the Streetes without any order taken by the Governour for their Releefe for ought he heard or saw Thomas Munday The Testimony of Richard Butler I Richard Butler who served under the Enginere Iohn Warden in the Castle of Bristoll both before and at the siege and surrender of Bristoll affirme upon Oath That wee had in the Castle at that time one hundred and forty Granadoes and a new Morter-peece that the said Iohn Warden did often importune the Governour Col. Nathaniell Fiennes to give him leave to make a shot at the enemy out of the said Morter-peece but the said Governour commanded him upon paine of death not to make any shot at them without his speciall License but the said Governour never gave the said Warden License to shoote at them whereat the said Iohn Warden was so grieved that he often complained the Towne was betrayed He saith he wrought fifteene or sixteene weeks but never received any money excepting twenty shillings Richard Butler The Deposition of Abell Kelly I Abell Kelly one of the Trained souldiers in the City of Bristoll under the command of Colonell Charlton whiles Col. Nathaniell Fiennes was Governour of the said City and Castle of Bristoll and during the time it was besieged by the enemy doe testifie upon Oath that Captaine Birch by the direction of the said Colonell Fiennes did give order to this Deponent and divers other Citizens of the said City who were best affected to the Parliament about a week before the same was besieged to bring in their estates into the Castle of the said City and so much provision as would well serve them for the space of three moneths promising them that in case the said City should he forcibly taken by the enemy that then he the said Colonell and they who should send in their estates and provisions would retreat into the said Castle and maintaine the same Whereupon this Deponent and divers other Inhabitants of the said City did bring in their estates and three moneths provisions into the said Castle presuming that the said Col. Fiennes would have manfully defended the same against the enemy according to his said promise but he beyond our expectation before any of the Out-forts taken or
Cavaleers say what a Cowardly fellow was Colonell-Fiennes to leave such a City as Bristol and divers words to the like effect Ioseph Proud The Testimony of Ione Batten I Ione Batten an Inhabitant of Bristoll do Testifie upon my Oath that I was in the said City during the late Siege thereof and lived at Saint Austins back in Bristoll That the Enemy began to approach upon Sunday that upon Munday and Tuesday they were in fight that upon Tuesday night about eleven or twelve of the clock at night I saw Major Langrish go with one man bearing a Torch or Linke before him over the Back towards the Colledge Greene but saw him not come back againe untill after the Enemy had entred the Line which was about foure of the clock on the Wednesday morning And the Souldiers upon the Enemies entring the Line were called off the Line and did then report there was not above one hundred Enemies entred And that the said Langrish afterwards comming back to Froom Gate his Troope came along with him whom he had brought from the Lime-Kilnes or thereabouts And upon the sound of the Trumpet he was let in at Froom Gate * all men then crying shame that the Souldiers were called off the Line and complaining they were betrayed I further say that one of the Souldiers drawn off the Line then Reported they were Commanded to retreate into the City upon paine of death for that the City was like to be lost And that thereupon there were about 200. women of the said City whereof this Deponent was one who went to Colonell Iohn Fiennes begging of him that he would be a meanes that the City and Castle might not be yeelded to the Enemy offering themselves to Worke in the Fortifications in the very face of the Enemy and to go themselves and their children into the mouth of the Canon to dead and keepe off the shot from the Souldiers and the said Iohn Fiennes answered them That rather than he would consent to the surrender of the City or Castle he would consent to be hanged And presently the same day being Wednesday a message was brought from the Governour Colonell Nathaniel Fiennes to the said women Commanding them to go to Froome Gate and there make a Bulwarke of earth which by direction of the Engineer they did this Deponent being one of them But while they were at worke and had almost finished the said Bulworke being about 15. or 16. foote thick the Treaty was in agitation and concluded upon to their great griefe I further affirme upon Oath that I saw a large broad Dray heavie laden with roles of Match the same morning the Parly was drawne into the Castle by three or foure Horses This I testifie upon Oath the 14th day of November 1643. In witnesse whereof I have here set to my hand Ione Batten The further Deposition of Ione Batten touching the surrender of Bristoll I Jone Batten late Inhabitant of Bristoll do testifie upon my Oath that I and some other Inhabitants and Souldiers of that City departing thence on the Thursday after the surrender thereof by Colonell Nathaniel Fiennes did on that day and the next meete with divers of the Cavalieers on the way in severall Companies riding towards Bristoll many of them very gallant cloathed in Scarlet who severall times demanded of this Deponent and the rest whence they came who answering from Bristoll they thereupon severally demanded of us Where is Fiennes the Governour We answered we could not tell whereupon they severally replyed oft times We hope the covvard is taken and cryed out vvith better Oathes and curses hang him hang him and likewise reviled him and the Souldiers and Troopers they met oft calling them cowards and cowardly slaves for giving up such a City as Bristoll was so cowardly as they did Ioane Batten The Deposition of Etheldred Huddy I Etheldred Huddy late Inhabitant of Bristoll and continuing in the Castle thereof during the Seige and since the surrender thereof by Colonell Nathaniel Fiennes to the Enemie affirme upon Oath that I being in the said Castle since the said surrender did heare some of the Enemies Cavaliers discoursing together say one to another openly we may thanke Fiennes for this And that divers of the said City to her knowledge were much grieved and discontented with the said Governours unexpected Parly with the Enemy and his surrender of the same unto them which they expected he should have held out to the last Etheldred Huddy The Testimony of Dorathy Hassard I Dorathy Hassard wife of Matthevv Hassard of Saint Evvins in the City of Bristoll do Testifie upon my Oath That I was in the said City during the late siege thereof when Colonell Nathaniel Fiennes was Governour there and that I did send into the Castle of Bristoll during the siege thereof above three moneths provision for our family there and a great part of our Estate hoping the same would be there preserved and the Castle defended to the utmost according to divers promises by the Governour to defend the same as we were informed by divers of our friends and that when the newes came into the sayd City on the Wednesday morning that some of the Enemies were entred within the Line this Deponent with divers other women and maydes with the helpe of some men did with Wool-sackes and earth stop up Froome gate to keepe out the Enemy from entring into the sayd City being the onely passage by which the Enemy must enter and when they had so done they the sayd women went to the Gunners this Deponent being one of them and told them that if they would stand out and fight they would stand by them and told them that they should not want for provision during which time the said Governour treated with the Enemies and beyond their expectation yeelded up the said City and Castle to them to her great griefe and discontent before the time agreed on whereby all her goods in the said Castle were lost and seized on by the Enemy Dorathy Hassard The Deposition of Mary Smith I Mary Smith late Inhabitant of the Castle of Bristol both before during and after the Siege thereof and its surrender to the Enemie by Colonell Fiennes late Governour of the said Castle do Testifie upon my Oath That since the said surrender I did oft times heare divers of the Enemies Commanders when they viewed the Works of the said Castle say in my hearing * God damn us All the Devils in Hell had never been able to take this Castle if the Governour vvould have held it out against us and likewise said divers times in my hearing That the said Castle and City vvere very covvardly delivered up unto them beyond their Expectation And further deposeth that she this Deponent going up with provisions to the Out-workes the morning before the Parlee when some few of the Enemy had entred the Line heard divers of our Souldiers and Gunners
the Towne was yeelded tell the enemies Captaines who demanded why that place was not perfected and no better fortified that he left it purposely for them to enter there it being a place of greatest advantage for them to enter who thereupon demanding of him why he came not out to them to give them notice of it He answered that hee knew them to be men of that skill and judgement as they were able without any information from him to take speciall notice of this place and to make their best advantage of it Confessions of the Defendants owne Witnesses upon crosse Examinations viz. of Captain Iames Husbands Captain Nevill Lieutenant Col. Clifton Maior Holmes Maior Langrish and others That the enemies who entred at first were but two hundred or thereabouts that no Horse or foot entred to second them till two houres or more after their first entry That they entred before Sunne rising and that the sally was not till betweene eleaven and twelve a clocke That the souldiers on Glocester-shire side upon the entry of the Line were all called off the Out-workes under paine of death and came off in disorder many of them running the next way out of the field That they lost onely six or eight men at most had very few hurt killed one thousand two hundred of the enemies as Prince Maurice told Major Langrish and maimed seven or eight hundred more That none of the Out-forts were taken and had Powder Shot and Provisions in them for a fortnights siege at least That they never thought of the Castle or of retreating to it in the Parly That the enemies plundered our souldiers in the streetes dismounting pillaging and disarming them That Major Langrish and his Squadron of Horse refused to charge the enemy when they first entred that they might have then easily repulsed them had they changed and yet Colonell Fiennes never questioned him for his cowardise and treachery but used him as a Witnesse That Captain Blake and Captaine Husbands were left by the Governour in Brandon-Hill and Windmill-hill Forts and that he was marched out of the City towards London before they heard of the surrender of the City and that they received no command in writing from him to surrender those Forts to the enemy The Testimony of Anthony Nicolls Esquire A Member of the Commons House concerning Langrish not used While Sir Ralph Hopton had taken Taunton and Bridge-water I was with the Horse that came out of Devon at Somerton Major Langrish was then Quartered at a Towne at least seven miles from Bridge-water but on the Alarum of the losse of those Towns he came presently away with his Troops to Somerton and would have gone to Wells had not Colonell Gold and my selfe threatned to present that carriage of his to the Parliament he comming in that hast to Somerton put all our Forces in a running posture that had not we perswaded some by faire meanes and punished others they had all gone away in a great disorder but our staying of Langrish made all quiet Thus much I am ready to Testifie on my Oath if I am called to it 19. of Decemb. 1643. Anthony Nicoll The Testimonies of some witnesses under their hands who were dispersed into such places as we could not well finde them at the Tryall and were not used in evidence by reason of absence The Testimony of Captain Councell I Captain Councell do affirme upon Oath that the Castle of Bristoll was very strongly Fortified and that I verily beleeve we might have defended it three moneths at least And that when the Enemies entred the Line of Communication there not being above 200. of them entred as this Deponent beleeveth The Common Souldiers said that if the Governour would give them leave they made no doubt but to beate them out againe and were discontented they had not leave given them Captain Councell The Deposition of Thomas Taylor Lieutenant to Serjeant Major Wood touching the surrender of Bristoll This Deponent saith upon his Corporall Oath that he was a Lieutenant under Major Wood when the City and Castle of Bristoll was lately besieged by Prince Rupers Colonell Nathaniel Fiennes being then Governour thereof That on Wednesday the 26. of Iuly last the Enemie giving a generall storme and assault to the Out-workes of the said City were valiantly repulsed by the Garrison Souldiers with great losse and slaughter to them and the losse of not above 5. or 6. of our men onely about 200. of the Enemies as was generally reported and no more entred the Line neere the Colledge greene whereupon our men were by the Governours direction commanded off the Line and particularly those of our Regiment were by Order drawne into the Castle whether this Deponent came about an houre and a halfe after the Enemies entring the Line where finding a great company of men women and children of meane condition in appearance this Deponent betooke himselfe to the top of the Castle where he viewed that side of the Workes where the Enemy entred but in two houres space of his continuance there he could not perceive one Enemy more to enter neither indeed was there any probability they should having so sharpe a repulse upon their desperate assault that morning every where at Priors Fort and Brandon hill Fort the multitude of their slaine men in the Trenches and neere those Forts caused them to quit the places in great disorder and to flye and disperse themselves as this Deponent then well perceived who afterward could discerne no Enemies between that and the Windmill Fort having received such hot entertainment from our Souldiers all along those Workes And when this Deponent first ascended the Castle Wall he perceived about 300 of the Enemies Horse marching off a mile as he conceived from the Works whereupon divers of the Souldiers were very desirous to return to the Line from whence they were called and one whom this Deponent supposed to be an Officer being below in the Green exclaimed against us on the Wall because we went not againe to the Line further crying upon this Deponents demands that he had a Command for that purpose whereupon this Deponent applyed himselfe to the Governour Colonell Nathaniel Fiennes whom he met at the Castle gate and acquainted him therewith which he then contradicted commanding this Deponent not to stir without Order from himselfe or his superior Officers which this Deponent obeying had no further notice of any thing onely a little before night he heard there was a Parley with the Enemie and about eight of the clock at night as he and his Major were at Supper they received Intelligence that the conditions of surrendring the Town and Castle were concluded whereupon this Deponents Major went to know what the Termes of surrendring were and upon his return gave him notice to prepare for a march by 9. of the clock the next morning and going about 8. of the clock to the Castle that morning for his cloak-bag and cloathes he found the
gates thereof shut and no admittance but immediately after he pressing into the Castle upon the opening of the wicket found Colonell Iohn Fiennes with some of his Troopers and many of our Foot Souldiers there but the Keyes of the Castle contrary to the Articles of agreement were in the custody of one of the Kings Commanders who assisted with 3. or 4. more would suffer none of our men to passe in or out but when they pleased beating and abusing many of our Souldiers and dis-arming most of our Officers and Troopers there contrary to our conditions where we were detained by an Inconsiderable number till 3. of the clock that day many affronts being offered unto us in the interim the Governour of the Castle and Colonell Iohn Fiennes being gone away long before and whilst we were thus detained by the Enemies in the Castle notice was given us of the many injuries and violences offered to our Commanders Officers and Souldiers in the Town so as this Deponent and his Major were constrayned to procure one of the Kings Officers to guard them to their lodgings at the Gillards Inne from whence after 6. of the clock by favour of one of the Kings Captains they were conveyed towards Bathe and as this Deponent passed the Suburbs he met divers Common Souldiers of his own and other Companies who seemed fully resolved to march away with the Governour in the morning that had listed themselves in the Enemies Service upon no other ground as this Deponent conceiveth but that no care was taken by the said Governour for their security and provision or to see the Articles of Agreement performed And this Deponent further saith that when the said Town and Castle were surrendred there was neither want of Victuall nor Ammunition nor Souldiers to defend the same and that the Enemy to his knowledge had taken none of their Forts nor made any breach into nor battery against the Walls of the sayd City or Castle and that the said Castle was then well fortified and provided to hold out a Siege and all the Canons Ammunition Armes Prisoners Victualls Colours were resigned up to the Enemy by the said Governour Thomas Taylor The Deposition of Ieremy Holway of the City of Bristoll Mercer concerning the losing of Bristoll taken before the Lord Mayor of London upon Oath 16. Decemb. 1643. The 26. of Iuly 1643. I was at the Brest-work nigh the place where the breach was made and did see those Souldiers that did enter being not two hundred as I did conceive upon the entry the Souldiers that were there placed to keep the Works did run from the Workes and some Horse did the like whereby the Enemy made their entrance without much opposition but after their entring the Works they being not as I said before two hundred there was no meanes used to take the Enemie before expressed and to make good our Workes againe but we were within one houre after the entry of the Enemy commanded by Lieutenant Colonell Clifton to come off the Workes these were his words The Governour doth Command every man upon paine of death to come off the Workes and to march under their severall Colours and Commanders in at New-gate Whereupon I said but that Colonell Fiennes was an honest man other wayes I should think we were betrayed this I know that if there had been men drawn off the Works in other places which might have been spared or if Captain Stokes men which were upon no service but stayed in Town in S. Iames Church-yard as he told me himself made use of the Enemy in all probability had been taken and our Works for that time made good but there being no meanes used as I said before by this meanes they came to possesse the Suburbs of the City and then it was hard for us to resist them long Ieremy Holway The Testimony of Samuel Wood. I Samuel Wood being a Souldier in Sir Edward Hungerfoords Regiment do say and Testifie that part of the said Regiment was put to keepe Ratcliffe-gate and that there was no probability of the Enemies taking of the Town by force of Armes And do further say and attest That Colonell Nathaniel Fiennes sounded a Parly with Prince Rupert and sent a strict command to the the Souldiers to forbeare firing upon the Enemy upon paine of death unto which the Souldiers replyed that they would fight it out till the last man and were discontented at the Parly and surrender Samuel Wood. If in the mouth of two or three Witnesses onely as the Scripture and our Saviour Christ resolves every vvord shall be established then certainely our Articles of Impeachment proved by such a cloud of Witnesses and sundry others not examined ready to depose all the premises and more if need be must for ever satisfie the deluded World and silence the Defendants Tongue Pen which have been formerly so extravagantly fruitfull in mis-relations both of his Surrender Triall Judgement to revive re-establish cleare his decayed Honour and Integrity which have been more impaired then repaired by all his fabulous Apologies FINIS In his Check to the Checker See here p. 118 When so many joyntly Petition both Houses for undelayed Iustice against grand Delinquents * Page 13. * By Mr. Sprig Mr. Beck and others * The head quarter was then at Windsor but his Excellency with most of his officers forces in London * To wit that in p. 5. at the Colonels own intreaty Wee read in Scripture that among the Iewes the Iudges sate openly in the City gates the most publike place of all * Stat. Merton 20. H. 3. c. 9. * Iohn 3. 19 20. a See p. 7. and his Letter to his Excellency b See his own Relation p. 8. †Page 9. and his Letter to his Excellency * Relation p 9. his Letter to his Excellency and Reply to Mr Walker * Mercurius Anlicus Aug. 7. p. 421. 422. a Procured by himselfe The Order was to send Col. Essex up if C. Fiennes saw cause who being desirous of his place resolved to see cause b Hee names none in particular and many of the Gentlemen disclaime this consultation and advice c Essex undertooke to make good the City and Castle to the Parliament when hee was removed by Fiennes if he never undertook the like then its cleare be removed him to the end the King might the easier gaine it d It s strang a man should undertake the charge of that he never undertook to make good e Why then did he remove Essex who was of a contrary opinion why did he fortifie and ammunition the City to the Kingdomes and Countreys vaste expence Why did he undertake the custody of it if it must certainly fall into the Enemies hand f Ergo He usurped the Government of Bristoll with this intent to surrender it up to the King without either the Parliaments or his Excellencies previous consents and in plaine termes not to keep but betray it to the Enemy
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