the place where the Enemy entred was not a likely place for the Enemy to enter by was weakliest assaulted could not have bin better guarded without drawing forces from other places which were in more apparent danger and more strongly assaulted was more strongly guarded then some other places that were more strongly assaulted and yet the Enemy repulsed and that the Enemy might have beene in all probability repulsed there also had the guards of foot or horse that were to second them done their dutie as well as they did elsewhere or had Colonell Stephens or his Major sent downe some foot together with the Governours Troop when they went to charge the Enemy out of the men that were under their Command upon the next adjoyning guards which they might and ought to have done and could only well doe it And he further affirmes that when the Enemy first entred they were at the least two hundred that soone after they dug downe the Rampiert of earth all flat for their horse and foot to enter and that then imediately they possessed themselves of walls houses Essex Fort and other places of advantage that within one houres space at the furthest after the entry of the first there entred at least 300 foot more and a Regiment of horse with Ordinance and after both horse and foot entred as fast as they could that Col. Fiennes so soone we as had notice of the entry of the Enemy at that place made all the hast he could to repaire thither but that before hee got thether his men were come off the lines for halfe a mile together and his own Troop unto which he was going up beaten off also that afterwards both by his commands and his own person he used the best the safest the speediest and the most effectuall meanes that any then could or yet can shew for the securing of the City the safe-guard of his Souldiers and for the repulsing of the Enemy but divers of his Souldiers did disobey and other of his Souldiers and Commanders did refuse to yeeld ready obedience to his commands especially Major Lewes to whom he was constrained to send an Order upon paine of death to yeeld obedience before hee would doe it and by his and others disobedience the service was hindred and retarded that a sally could not bee made so seasonably as otherwise it might have been and with better successe then it was although when it was made it was performed with such resolution that it gave a stop to the Enemy who otherwise had in all probability entred the rest of the Town by force being already possest of two of the greatest Workes thereof and Col. Fiennes did not cause any parley to be sounded till such time as his men were beaten back again with fresh Regiments of foot and horse brought down upon them but was still ready to have seconded them with his own Company had there been any hopes to have beaten them off and till such time as goind round the Town with his Lievtenant Colonell hee spake with great earnestnesse to all his Officers that he could meet to get their men to their Colours againe commanding them to repaire to the Marsh and that there should be victuals and twelve pence a man given them which accordingly was given to as many as came together but could never get together or to their guards two hundred of tenne or twelve hundred of the men that were on that side the Town whereupon by the advice of his Councell of Warre he sent forth a parley all which hee is ready to prove To the seventh he answereth that notwithstanding he declared that he could not keep the Town with the force he had in it yet hee denyeth that he had a reall intention to deliver up the same to the Enemy before ever it was besieged by them or that hee had no thought at all to defend it to the uttermost or till it might be relieved by his Excellency or that he refused to send the Prisoners formerly taken out of the Castle before the Enemy approched or that he commanded Mr Hasard the Mr Gunner to lay aside a reserve of thirty barrels of powder with a purpose to retreat when he was reduced thereunto or that he moved Sir William Waller to depart from Bristoll or that Sir William Waller would otherwise a dventured his life in its defence or that it doth appeare by any of the premised Articles or any speeches of his concerning the prisoners or a reserve of powder or Sir William Wallers departure from Bristoll or any other speeches of his that he had not a reall intention to keep the towne and castle to the uttermost that in honour wisdome and faithfulnesse unto those by whom he was intrusted he ought to have done but that the contrary doth appeare by very many deeds and speeches of his and by those very particulars instanced in so far and in such a manner as they were spoken and done by him And he further affirmeth that he did often move Sir William Waller to free him from the care and danger of so many prisoners but could never obtaine it but when he thought neither towne nor castle safe enough to keep them he spake to him to send them away to a place of more safety but neither shewed him the meanes how to doe it nor offered to take any of the most considerable with him although he had an absolute command over them at all times whensoever he pleased to signifie his pleasure concerning the discharge or disposall of them as he did discharge Major-Generall Bret and divers others whereof some led on those that assaulted us at Bristoll That Colonell Fiennes spoke to Sir Arthur Hasterigge when he took leave of him to take some of the prisoners away with him in the ship but he refused it that he spake to Captaine Birch who seemed forward to undertake such a matter to see if he could find means to send them away speedily and safely by sea and that he would contribute his best assistance thereunto but he also gave it over That he commanded Hazard the Master Gunner when the enemy was approaching the towne to lay apart a reserve of thirty barrels of powder and to keep it private that every man might be carefull to husband that which appeared and to make no waste thereof and that in case he was forced to retreat into the castle before he came to treaty he might have wherewith to defend himself but Mr Hazard did so over-doe his command that though afterward at severall times he commanded him to give a perfect account of all his Ammunition to his brother Colonell John Fiennes who was to have the chief care thereof over him yet he did conceale from him this reserve insomuch that when Colonell John Fiennes was required to declare at the Councell of War what store of Ammunition was left he informed us that he had taken a particular account
the Parliaments and his Excellencies consents though it is true hee did it without their previous consents To which Mr Prynne replied that this was a very frivolous distinction For first Christ himselfe by this speech * He that is not with me is against me resolves that what is done without the Parliaments and his Excellencies consents especially if they dislike and disavow it afterwards is done against their consents and that in strict propriety of speech Hence if a mans servant cattell without his privity or approbation commit a Trespasse in his neighbours ground or if one casually tread upon anothers toe he usually saith in these and such like cases It was against my will or against my liking and consent Bristoll therefore being undoubtedly surrendred not onely beyond but contrary to the Parliaments and his Excellencies expectations and desires was certainly surrendred against their wils and consents as well as without them Secondly the Parliaments and his Excellencies expresse will and intention was that Bristoll should be kept to the utmost extremity and not surrendred to the Enemy this being the end wherefore they placed a Governour and Garrison there and made Works about it the surrendring therefore of it contrary to both their expresse wills and directions must needs be not onely without but against their wills and consents This all the world knowes unlesse the Defendant can shew their expresse consents thereto Thirdly the Houses and his Excellencies former opinions of and calling him to an account heretofore and now into judgment for this surrender as directly contrary to his trust and their directions is a sufficient proofe it was not onely besides but against their consents and to thinke or speak otherwise is but to lay a grand imputation on the Parliament and his Excellency in making them accessaries to this dishonourable trayterly action which hath almost lost the Kingdome Thirdly he alledged that foure dayes before the fiege he sent one Scotten with a Letter to his Excellency to acquaint him with the weaknesse of the Garrison that he had not above 900 men besides Citizens as likewise to see the estate of his Army and crave speedy succours from him That he found his Excellencie had but 4000 Foot able to march many of his men being then sick and not in a marching condition to relieve him that it was cleare as he averres in his Relation and then also affirmed to the Parliaments and his Excellencies dishonour they could not expect nor have had any reliefe in sixe or eight weekes time And to justifie this dispaire of timely succours he produced a Letter written by his Excellency to the Lord Say his Father to this effect That he was sorry Bristoll was in so much danger as by Colonell Fiennes his Letter to him it seemed to be and that himselfe at that present was not in a fitting posture to relieve it which troubled him the more for that his Lordships sonne was ingaged there which Letter being read Mr Prynne inquiring the date thereof found it dated the 28 of Iuly two dayes after the surrender of Bristoll which was on the 26 of that Iuly From all which the Defendant inferred the necessity of surrendring the Towne and Castle for want of succours which had they been neare he could have made a shift to have held out three or foure dayes longer and would have done it but being hopelesse of reliefe he could not in point of souldiery or policy have held it longer then he did To which Mr Prynne replied first that he did but his duty in sending thus to his Excellency and that this would no more excuse his treachery and cowardice in surrendring the Towne then Weston Gomineys and the Bishop of Norwich their sending to the Governour of Caleyes and the Lords of the Councell for timely reliefe did excuse them Secondly that in this Message and Letter to my Lord Generall but foure dayes before the siege he complained neither of want of Ammunition Victuals Monies nor of the weaknesse or intenability of the Workes Towne Castle which doubtlesse he would have done had there been reall cause but of the smallnesse of the Garrison which he said were then but 900 besides Citizens But our Witnesses prove expresly that at the time of the siege he had at least 2000 Foot and 300 Horse besides Voluntiers which were neare 200 more and Major Allen attested that he brought neare 200 men well armed from Malmsbury but a day or two before the siege so as his 900 were encreased to 2500 men or more and he might have raised as Mr Powell his owne Witnesse attested at least sixe or eight thousand able men more to beare Armes in the City had he wanted men Therefore the want of men was but a pretence Besides had he needed onely men why did he advise Sir William Waller to march out with at least 500 Horse-men lest they should have helped to have spent the provision of Bristoll as he confesseth in his Relation page 12 Certainly either he thought the Towne tenable with the men he had till all the provisions in it were spent and so the Garrison strong enough to defend it whiles they had Victuals or else he desired rather to spare the Victuals for the Enemy to whom they were surrendred then for Sir William Wallers men who had they stayed in the City would have made up his Garrison 800 Horse besides 2000 Foot and in all probability have preserved the City which was partly lost as himselfe confesseth by the cowardice of the Horse who refused to charge the Enemy when they entred whom they might easily have cut off had they but charged them as they might and should have done In briefe the Defendants owne Relation and Letter to his Excellency informe us that his Garrison consisted of at least 2000 Foot and 300 Horse and was so strong and sufficient that when the Enemy stormed the Towne on every side with all their Forces they were valiantly repulsed with the losse of neare a thousand of their best men besides 700 wounded whereas he lost not above sixe or eight men at most and had very few or none wounded If then the Garrison were thus sufficiently strong to repulse the Enemy with so great losse when their Army was strongesest and best in heart much more 〈◊〉 be sufficient to repulse them and keep the Towne when neare a thousand of their best men were slain and 700 more wounded with the losse of sixe or eight onely of the Garrison the Assailants being much weakned and Defendants as strong or stronger and more couragious by reason of their good successe then they were at first Thirdly to his despaire of succours in six or eight weekes time by reason of the weaknesse or sicknesse of the Army it was answered first That as hope is the last thing that forsakes a valiant man so it is the first that deserts a Coward who placeth his confidence
without any the least resistance Ergo no act of courage but rather of discretion or distrusts Fourthly That at Worcester all the horse were routed and fled and his own and brothers Troops among the rest is no great Argument of their valours which received some blemish by that action And that hee and his brother were some of the last Officers of horse who there came off the Field it might be as well because they were in the reare of all the horse and so could not possibly flie out of the field before the rest as by reason of any extraordinary valour in them more then others and so no convincing proofe of valour in them Fifthly That his valiant charging in Sir William Balfoures Regiment at Edgehill where every man did valiantly and none turned their backs in all that Brigade whereof he principally glories and the Check to the Checker most tryumpheth in can be no speciall proofe of his courage since every coward will charge in Company where no man turneth his back and where there is greater danger in flying then charging However admit it were good evidence yet this is a very ill sequell if put into a logicall forme Col Fiennes charged valiantly with Sir William Balfoure at Edgehill Ergo he did not cowardly surrender Bristoll His second Argument to prove the surrender not cowardly was his not quiting of Bristoll immediatly upon Sir William Wallers defeat at the Devises and his raising of men armes and perfecting the works even after that to defend it when many of the Countrey Gentlemen left the Town and marched to London with Sir William Waller To which Mr Prynne answered First that hee did but his duty in all this which was rather an Argument of his deligence then courage Secondly That it had been the greatest treachery and cowardize in the world upon Sir Williams bare defeat to quit a City of so great consequence which hee was charged to keep by his Commission and in fortifying whereof hee had spent so great costs before the Enemy came before it who might probably as things then stood have no reall intention presently to besiege it upon that defeat Thirdly Extraordinary diligence in fortifying is the greatest Argument of feare and cowardise if not seconded with answerable prowesse in defending what is fortified a coward will sooner provide Armour of Proofe then a truly valiant man since therefore the City was no longer defended when fortified and manned this reason will rather convict then acquit him of cowardize Fourthly The true reason why so many Gentlemen then diserted the City was as themselves have confessed not for that they deemed it untenable but because they feared and discerned the Denfendant intended not to keep it to the last but to surrender it to the Enemies hand which he hath clearly enough confessed in his Answer Fifthly This Argument in verity is no more in effect but a Governour provides Armes Souldiers Canons Ammunition to defend a Town of importance or to encounter the Enemy and then surrenders it as he hath done in lesse then three dayes siege or runs away after he hath stood a charge or two Ergo he did not cowardly herein because he provided men and Armes whose valiant use not diligent preparation is the only proofe of valour His third argument was No man could have expected lesse safty of conditions then himselfe he only being excepted out of the generall pardon offered to the Souldiers and Citizens Ergo he surrendred it not cowardly To which was Answered First That it is probable his speedy unexpected surrender of the Town and Castle before extremity proceeded either from a fear to lose his life in holding them out till the last or a desire to purchase his Peace and Pardon out of which he was formerly excepted from the King with so rich a prize of consequence as Bristoll was which would most certainly procure it with infinite advantage to the King and greatest prejudice to the Parliament Secondly That if he could have expected lesse safty of conditions then any other for the reason alledged this should have rather engaged him to hazard his life in defending it to the utmost extremity then to yeeld it upon any termes prejudiciall to his own security which is first provided for in the Articles His fourth was That he could never have undergone more danger in the Castle had he held it then he did in the Guards which he diligently visited Ergo he surrendred it not cowardly To which was Answered He received no hurt at the Guards and lost but 6 or 8 men at most in the siege Ergo if he might with as little danger and losse have held out the Castle his crime and cowardize was the greater in surrendring it so dishonourably without stroke or once retiring to it His fifth Was from his cariage when the Enemies entred to prevent whose taking the City he had only two meanes left The first was to fire the Suburbs for which hee issued out a Warrant as his universall witnesse for every occasion Lievtenant Clifton affirmed a meere party and Delinquent who advised the Parley surrender and called all off the Line upon paine of death which warrant was not executed but revoked for want as he alledged of men to fire them The second was to fire the City behinde them and so to retreat into the Castle which he could not possibly doe without the death of many innocents men women children and ruining of many mens Estates A fact so horrid that his tender conscience would no wayes permit its execution hee being loath to begin so ill a president which would have infinitely redounded to the Parliaments dishonour Besides the Castle being not large enough to containe halfe his horse and foot and the streets very narrow he could not have retyred into it without great difficulty and danger of being cut off by the Enemy and those horse and foot which could not be received would have been utterly lost and exposed to the Enemies cruelty Upon which considerations only not out of any cowardize he did by Cliftons advise call a Councell of Warre and propound a Parly whereupon the surrender ensued Therefore it was not cowardly To which Mr Prynne replyed First That it is apparent by this Argument that if the Suburbs had been fired the City Castle might have been saved and the Enemies beaten out when lodged in the Surburbs Therefore he ought in this case both by the Common and Marshall Law to have fired the Suburbs to preserve the City Castle and must answer his negligence in not doing it his want of men to fire the Suburbs being a frivilous excuse since he had at least 2300 Garrison Souldiers and Mr Hassard the Gunner as he acknowledged to divers and Major Wood with others offered to beat or fire them out of the Suburbs but could not be permitted though it might have been done with ease the houses
being combustible most of them built with Timber and that part of the Suburbs not very large Secondly That between the part of that Surburbs and body of the City there was a Key on the westside of Froome-bridge unfordable by horse or foot every Tyde by reason of the waters and at low-water too through the deepnesse of the mudde being so deep in most places that men must stick fast in it as some as the Conspirators did upon the discovery of the conspiracy who were taken sticking in the mudde That there is no matching over the Key in File or Rank but only one by one in confused order That on the Key side next the City there is a wall of stone neare 8 or 9 foot high above the mudde which no horse can enter nor no foot scale unlesse at a slip or two which are but narrow and stand 4 or 5 foot above the water That there are houses all a long the Key which commanded the Colledge side where the Enemy entred in such sort that none of them could offer to wade over the Key but they might be cut off with ease that two or three Pieces of Ordnance planted at the head and lower end of the Key would so scouer all that passage that none could have passed over without losse of life and the passage there would have been so difficult that one hundred men would easily have kept out ten thousand all which was attested by Col. Popham Lievtenant Col. Paleologus Major Wood Lievtenant Col. Andrewes Cap. Bagnall and some of his own witnesses upon crosse examinations therefore there was no danger of the Enemies entry there For Frome-gate it selfe it had a new Percullis and after the Enemies entring the Line and late sally on them the very Maides and Women in the face of the Enemy made a Barracado and Bulwork against it 15 or sixteen foot thick with earth and sacks of Wooll to keep them from entring there being their only passage into the City from that Suburbs That above the Gate was the River Froome which runnes under it with a Wall and Houses between the City and it so as the Enemy might easily have been kept from entring the body of the Towne and could not have entred it without infinite losse and disadvantage Thirdly that had they gotten over the Key or Froome River into the body of the City yet the streets were so narrow and disadvantagious to the Enemy that their passage might have easily been hindred the streets blocked up with caskes carts sleids stooles and a Piece of Ordnance or two placed at the head of every street and the houses lined with Musketers would have so scoured and secured it that the Enemy must have sustained extraordinary losse at least 50 or an 100 men for one of ours as they lost before in the storming Besides they must have all marched up the hill in paved streets which are so slippery that the foot could have hardly stood to charge and the horse would certainly have slipt and fallen in regard of which disadvantages our men having the hill flankers the shelter of houses and charging downwards must needs have repulsed them with extraordinary losse had they forcibly entred and made a most safe retreat into the Castle at any time when they saw just cause without any such difficuly or danger as was suggested Fourthly Admit they had taken the body of the Town beyond the Key adjoyning to the Castle which they could not have done without excessive losse and great difficulty yet all that part of the Town being commanded either by the Castle or other Forts and Out works all in our profession as Clifton himself with other of the Defendants Witnesses confessed and Major Wood proved they could not possibly have held it long and would have been in worse condition with in it then before and so no absolute necessity of firing it had not his courage and conscience served him to doe it Fifthly For his horse and foot incontainability in the Castle in case he had been forced to retire into it there were sundry other places to bestowe them in besides the Castle As first the body of the City adjoyning to the Castle which would have billited them all till the Enemy had forced it Secondly that part of the Suburbs under the command of the Castle next to Lawfords Gate distinct from the body of the City if taken and very defensible the Castle and Out-works then remaining ours Thirdly the Out-Forts where the Guards might have been doubled or trebled as there was cause especially now when he had an overplus of men that he know not how to bestow Fourthly that part of the City beyond the bridge in Sommerset-shire side which was very capacious able to containe all his supernumerary foot and horse though the other Suburbs and body had been taken which part the bridge being broken down or defended had been inaccessible strong and tenable for a long time against all his Majesties Forces we having then all the Out-Forts in possession which commanded other parts of the Town and Ratcliff Church Tower-Harris and the Castle three extraordinary strong Forts commanding and securing that part beyond the bridge which being fenced with extraordinary strong Out-works and deep watrey Dikes Tower-Harris and Ratcliffe Church on the one side with the River and Castle on the other side and strongly garrisoned with the Souldiers retired from other parts had been almost impregnable and might have held the Enemies play for sundrey Moneths had the Defendant resolved to hold it to the utmost Having therefore so many severall safe retreats and receptacles for his horse foot and not making use of any of them though hee promised to dispute every inch of ground with the Enemy as he might have done with honour and great advantage his pretence is false his surrender cowardly beyond all excuse Sixthly He hath oft inculcated this to your Honours that the Citizens were generally very malignant and disaffected to the Parliament and we have proved that the most of the best affected had carried their estates and three months provision into the Castle where their persons and goods were by the Defendant promised to be secured His forbearing therefore to fire the City in case he had bin necessitated to it proceeded not from any publike care he had of the Parliaments friends or Kingdoms safety but from his private respects to the persons and estats of Malignants which he would rather carefully preserve to enrich encourage and strengthen the Enemies then fire or endanger to preserve the Parliament and Kingdome Mercy and compassion are doubtlesse commendable vertues in a Govournour who should not use cauteries or firing till the utmost extremity But when such an exigency happens that a City might be fired or both it and the Kingdome lost or hazarded it is foolish cruelty not Christian mercy to bee over-pitifull in such a case It is a cruell destructive mercy to
of the Commons House if not the Lords too who were much dejected at the newes which the Defendant himselfe selfe taking notice off upon his very first euery into the house after his return from this noble exploit where every one looked strangly on him with a discontented aspect and few or none of his dearest friends once moved their hats unto him as they usually doe to all other members upon their arrivall from any publike service after some time of absence and some of them minded him of Gomineys and Westons case whereupon he conscious to himselfe of the Commons generall ill opinion of this action to avoid their examination and censure was enforced to make his Apology for it oprnly in the House August 5. 1643. in the close whereof conteining his bare Relation no wayes satisfactory he desired That what he had affirmed might bee examined at a Councell of Warre that so he might be cleared or condemned according as they should finde the truth or falshood of what hee had declared Which passage of his published in Print long before Romes Master-Piece is a pregnant evidence and acknowledgement that the very House of Commons conceived this surrender proceeded either from his cowardize or treachery else there had been no need of any long Apology or such a reference as this to a Councell of Warre And indeed his owne printed Relation is so full of palpable shifts and expressions of a timorous spirit that the very reading of it confirmed me and others in this opinion That the surrender was cowardly or treacherous and my passage in Romes Master-Piece concerning the inconveniences of Bristols surrender with reference to the Welch and Irish Rebels were taken verbatim out of his own printed Relation p. 13. where thus he writes If the Enemy possesse Bristol his neighberhood of Wales will from time to time supply him with a body of foot We shall loose a Port Town very important for the service of Ireland and fit to give landing to the Rebels of that place or any other By all which it is clear that I was not the first raiser of the Report of its cowardly surrender but that himselfe and others then in print had raised this report before I published any thing to this purpose Secondly To put this out of question First it evidently appears by the Depositions of Mr Edward Stephens Thomas Munday William Deane Ioan Battin Abel Kelly Arthur Williams Mistrisse Hassard Richard Butler Mary Smith Ethelred Huddy Ioseph Proud Ieremy Holway Anthony Gale and others That both the Souldiers and Citizens of Bristoll were much discontented with the Governors Parly and surrender when it was but in agitation openly said they were betrayed and that not they only but the very Enemies concluded the surrender to be cowardly before we had any tidings of it Secondly Sir Iohn Horner his own witnesse deposeth that in their comming up to London before we had any notice of it they being the first who came thence brought tidings of it two or three Ministers spake against it as cowardly and unworthy Thirdly Major Allen attesteth that he and some other Officers present in the siege concluded it so in their private discourse as they retreated from Bristol before they came to London Fourthly it was generally reported cowardly or traitorly both in London and Westminster upon the first notice of it and some women in the streets openly called the Defendant a coward for this unworthy action which his own Ladie Mother condemned and would not believe at first affirming that her Sonne was of a more valorous spirit and honourable extraction then to deliver up a place of such consequence as Bristol in so short a time where he had promised to spend his life and lay his bones rather then quit it and all this before I took any speciall notice of it Whereupon having some relation to Bristoll in and neare which I had divers friends I made a more particular enquiry into this action from such Souldiers and Citizens present in the siege who could give me the best information and upon due examination of what was alleaged on either part I found the surrender such as I published it to be in Roomes Masterpeece by approbation of a Committee of the Commons House who both authorized the Book and concurred with me in this opinion From all which it will appeare that I was not the raiser nor first inventer of this bruit That Bristoll was cowardly and unworthily surrendred it being published in print by divers and the common received opinion of all men in City and Countrey before I gave my censure of it which I have here made good His tenth Argument was That both the City and Castle were untenable against the Enemy Therefore the surrender not cowardly nor unworthy Their intenability he endeavoured to prove First from the weaknesse and insufficiency of the Lyne Outworks Walls Fortifications doth of the City and Castle in demonstrating whereof he spent neere three whole dayes at first and two or three dayes more in his reply to our Evidence in disproofe of his Allegations Secondly from the want of a sufficient Garrison to defend the Town to manifest which he alleaged that he had not above two thousand foot and horse to guard the place which were not halfe enough the Works being neere five miles in compasse and divided by a River so as his men stood very thin upon the Lyne and had no reserves at all unlesse for some particular places by meanes whereof his Souldiers in most places continued foure or five dayes and nights together upon duty without reliefe And to prove the Garrison insufficient hee insisted first on the Letter printed in his Relation pag. 14. complaining of the weaknesse of the Garrison of Bristoll and desiring an augmentation of it Secondly on his Excellencies opinion Ibid. pag. 16. who thought it necessary this Garrison should consist of three Regiments of foot two Troops of horse and one company of Dragoones Thirdly on a draught of an Ordinance presented to the House of Commons by the Lord Say for the setling of a sufficient Garrison at Bristoll ibid. pag. 17. wherein he propounded that the Garrison might consist of three Regiments of foot the first consisting of 1200. the second of 1000. the third of 800. men and of two Troops of horse and one company of Dragoones with lesse then which he could not possibly as he said maitaine the City against the Enemies forces that came then against it who had few lesse then seventy Colours of foot as Lieutenant Clifton affirmed who told them on Glocester-shire side which Captaine Husbands telling them with his Prospective-glasse multiplied the colours to one hundred Thirdly from his want of Powder and Ammunition he having no Match at all and but fifty barrels of Powder left which would not have served them above two dayes which he endeavored to prove by the proportion of Powder they spent in
two dayes before and by a Letter from Colonell Warnloe from Plimoth attested by Master Nichols who writ that they spent forty barrels of Powder there in one day when they beat the Enemy out of their works The City and Castle being therefore untenable in all these respects and no succours neare to relieve them in due season his surrender could not be deemed cowardly but discreet and honourable to preserve both the Citizens goods and the Garrison consisting of above 1500. foot and horse to serve the Parliament which then wanted men in other places of advantage To which particulars Mr Prynne gave these ensuing Answers First that the works about the City and Castle were very strong defenceable tenable against all the enemies power which he proved First by the judgement and opinion of the Defendant himselfe who never once complained of the weaknesse or insufficiency of the Works or Castle till the surrender but oft affirmed the Works to be very strong sufficient and tenable before the seige and that he doubted not to make them good against all the enemies power as Colonel Stephens Colonel Strood Captaine Bagnal Master Powel with others depose And he publikly confesseth in his printed Relation pag. 10. that himselfe and some others too had a great opinion of the strength of the Castle before it was surrendred though now upon a sudden he would make your Honours beleeve and endeavours to prove it the weakest most untenable peece in the world having spent one whole dayes time in demonstrating its severall weaknesses or rather in them his own who notwithstanding all these imbicilities had so great an opinion of its strength And indeed did not the Defendant deeme the works sufficient the City and Castle strong he must discover himselfe guilty either of extraordinary folly in putting the Parliament Countrey City to so great costs to fortifie garrison furnish the City and Castle with all necessaries to hold out a siege if it were not really tenable and of no considerable strength at all in the upshot Or else of extraordinary treachery if he knew it not tenable and yet gave it out to be very defensible on purpose to induce the Gentry and Countrey in those parts to bring their money plate estates provisions thither as to places of strength and security as we know they did upon his promises to defend them to the last that so they might become a prey to the enemies who had all the Ammunition Provisions Armes of those parts delivered into their hands at once which they could have never gained had not the Defendant fortified the Town Castle and affirmed them to be strong and tenable Besides his own many liberall promises to defend the Castle to the utmost in case he was forced to retreat into it and there to secure the best affected Citizens and their goods argues its tenability in his owne apprehension Secondly as the Towne but Castle especially was tenable in his owne judgement so likewise in the opinion of others First of the Gentry and Countrey who repaired thither as to a most secure sanctuary against the enemy towards whose fortification and defence they liberally contributed Secondly of the Citizens who all deemed the Towne but the Castle especially to which they carried their estates and above three moneths provisions to be defensible against all the enemies power as appeares by the Depositions of Iames Powel Able Kelly William Deane Mistris Hassard others and by the Tragedy of Bristoll lately published by Captaine Birch Mr. Powell and other Citizens of it who write thus of the Castle pag. 5. The Castle being strongly fortified and victualled as being the last place to retreat unto if the Towne should be taken being ASSVRED we should be able to keep it till reliefe came as a sanctuary for the persons and estates of such as were most active for the Parliament divers of us accordingly brought in our goods with provisions for our selves and to help victuall the Souldiers that were to be entertained in it c. Thirdly by the opinion of divers Souldiers of our owne party as Colonel Stephens Colonell Strood Lieutenant Colonels Paleologus and Andrewes Major Wood Major Allen Captaine Bagnall Nicholas Cowling Mr. Hassard Richard Linden Edmund Wathorne Thomas Munday and Richard Butler attest Fourthly by the speeches of the enemies owne commanders who viewing the Works of the said Castle soone after its surrender swore God damme them all the Devils in Hell could not have taken the Castle it was so fortified had not the Governour cowardly surrendred it that they might thank Fiennes for it and that they could not have taken the Castle had it not beene yeelded up to them beyond expectation as Mary Smith Ethelred Huddy Ioane Battin Thomas Thomas and Michael Spark senior witnesse And whereas he alleaged that Sir William Waller and Sir Arthur Haslerig deemed Bristol not tenable which he endeavoured to prove by this passage in their Letter to him dated Iuly 1. 1643. attested by Mr. Iohn Ash and printed in his Relation pag. 27. We think the enemy will fall on this night if not to morrow morning and if so what good will this Regement doe Bristoll if we perish It is a wonder to us to see our friends delay help where there is safety c. Mr. Prynne answered 1. That this letter declares not their opinion conceruing the intenability of Bristoll but their importunity to have speedy supplies from thence Secondly it expresseth that Bristols greatest security consisted in their Armies successe there being no danger of a siege as long as their Army were masters of the field Thirdly it proves nothing that either the City or Castle might not have held out till reliefe should arrive from his Excellency or that it could not hold out above three dayes longer Fourthly the Defendant confesseth that had Colonel Pophams Regiment continued in the Towne it had not beene lost and that his sending of them to Sir William Waller was the losse of the Towne therefore the Castle and Towne in respect of the fortifications were both tenable and had no want at all but of Colonel Pophams men which he supplied by his new raised Regiments before the siege Secondly whereas he alleaged that divers Gentlemen left the Towne and went away with Sir William Waller and Sir Arthur Haslerigge because they deemed it not tenable It was answered that the reason of their departure as themselves have confessed was the feare and assurance they had the Defendant would not hold it out to the last whereas Colonell Strood Colonell Stevens and others who had his promise to hold it out to the utmost continued with him still Fourthly it was answered that the objected weaknesses and defects of the works and Castle were meere inventions of the Defendant since the surrender not thought or spoken of before nor once propounded at the Councell of Warre when the Parley was in agitation where the debate of this particular
of the Tenabilitie of the Towne and Castle was never disputed for if it had the Towne would have beene held some foure dayes longer whiles this point had beene debated which hath taken up foure dayes here As for the Castle the Defendant himself confesseth and his Lieutenant Clifton with Major Holmes depose * that in the whole debate of the Parley and Surrender the Castle was never mentioned nor thought on therefore the weaknesse and untenability of it was no ground of its surrender as is now pretended Finally the Defendant in his printed Relation pag. 9. 10. and in his Answer affirmes that the cause why the Castle was not tenable against the enemy was for want of Match and Powder not inregard of its inconvenient situation and weake fortification the onely causes now insisted on therefore this is but a meere pretence invented since the surrender To the second pretence of wanting a sufficient Garrison to hold it Master Prynne answered 1. That that Defendant had two thousand foot besides two hundred voluntires and three hundred horse and Dragoones at least which were sufficient to defend the Towne against all the enemies power as is infallibly evident by the repulses every where given to the enemies when they stormed it and the great slaughter of hundreds of their men with the losse but of three or four of ours attested by his own witnes and published in his owne Relation and Letter to his Excellency And if the Garrison were sufficient thus to repulse the enemy in his greatest strength and assaults at the very outworks then certainly they were abundantly able to defend the Towne and Castle after the slaughter and wounding of above 1700 of the enemies had they beene discreetly and couragiously commanded by him but doubtlesse they were more then enough to have defended the Castle the body of the City and that part beyond the Bridge after the Suburbs entred and the Lyne wholly quitted on Glocestershire side Secondly if the Garrison had beene too weak he might have raised sixe or eight thousand able men more in the City or retained five hundred of Sir William Wallers Souldiers whom he sent out of the Towne to save the expence of provisions Thirdly the Garrison Souldiers that were in it would have fought and held the City and Castle out against the enemy thinking themselves strong enough to doe it but the Defendant would not permit them as sundry witnesses attest the want therefore of a sufficient Garrison is but a meere pretence Fourthly a Garrison must be judged to bee sufficient or insufficient to defend a place onely in regard of the enemies strength that comes before it that Garrison being sufficient to defend a Towne against seven or eight thousand beseigers which perchance is insufficient to guard it against twenty thousand Now we confidently affirme that the Garrison then in it was sufficient to guard it against all the power then before it as appeares by the enemies severall generall repulses with extraordinary losse to them and none to the Garrison by the enemies paucity not being above seven or eight thousand at most most of them horse and their Quarters divided with an unfordable River so as they could not come to rescue or releive one the other And whereas he pretended the enemy was neere fourteene thousand strong because they had about seventy or one hundred foot Colours onely upon Durdham Downe this is a most fallacious Argument because every puny Souldier knowes it is a common policy in warres to carry and display a multitude of Colours more then there are Compaines a farre off at a distance of purpose to amaze or terrifie the opposites and make themselves appeare more numerous then in truth they are which policy was now used And whereas Captaine Husbands affirmed that he told one hundred foot colours on Durdham Downe he saith that it was but with his prospective glasse an uncertain instrument to tell colors with which multiplied the colours more then they were Leiutenant Clifton telling not seventy at most And how full these companies under those colours were we shall produce onely the testimony of Mr. Savidge a late Souldier in Ireland who deposed Viva voce that he was in Bristoll within two dayes after its surrender when there was a Generall Muster of Prince Ruperts foot in the Marsh there at which both Prince Rupert and Mawrice were present where he told to his best remebrance 52. but for certaine above 42. of the enemies Colours which had not above 1400. Souldiers at the most belonging to them for he particularly told and tooke speciall notice of them Whereupon he demanded of one of the Officers on the place why they had so many Colours and so few men Who answered that they had many of their men slaine and wounded in the seige so as by this account they had more foot in the City by seven or eight hundred when it was surrendred then Prince Rupert had without it whose forces were most horse and therefore a sufficient Garrison to defend it against so small a force Besides it appeares by the Relation of Glocester seige pag. 1. attested by Mr. Pury to be true that there were about nine thousand men more before Glocester then there were at Bristoll seige if then Glocester Garrison consisting at the most but of 1500. men were sufficient to guard it against 9000. more then were before Bristoll then Bristoll Garrison of above 2000. foot and 300. horse must needs be abundantly sufficient to defend it against 9000. enemies lesse then were before Glocester And whereas the Defendant alleaged his Letter of complaint for want of a sufficient Garrison this was in March 20. 1643. when he had but one compleat Regiment of foot and but two Troops of horse not at the siege when he had above twice double the number Sixthly for his Excellencies opnion and his owne propositions that the Garrison should consist of three Regiments of foot and three Troops of horse and Dragoones It was answered that he had above that number of horse and almost his full number of foot at the siege and might have raised more had he pleased therefore a competent Garrison according to his owne desire But that which quite takes off this objection is That such a large Garrison as this was not desired by him or thought meet by his Excellency onely to defend Bristoll against a siege but likewise to defend Bath Barkly Castle and the Countrey round about for twenty miles space and to suppresse insurrections if any should happen in the Westerne parts as appeares by his Excellencies Letter and his owne propositions Therefore this pretence that he had not a full Garrison to defend the Towne because he wanted some of his number of foot which should have defended Bath and the Countrey twenty miles round about is but an impertinent plea. Seventhly for his want of reserves to releeve his men himselfe confessed that reserves might have well been drawn from the
the said towne was taken upon the said Robert and two of the Sonnes of the said Robert there slaine in the defence of the same Notwithstanding because that the said Baron himselfe had taken upon him the safeguard of the said towne to the said Grandfather and departed himself from thence without command of the said Grandfather and the said towne of Barwick was lost in the absence of the Baron he being in the company of the said Grandfather in the parts of France as is aforesaid It was adjudged by advice of the said Grandfather the King of Castile who is present the Nobles Dukes and Counts Henry late Duke of Lancaster the late Earle of Northumberland and Stafford and Sir Walter de Manny that the said towne was lost in default of the said Baron and for this cause he had judgement of life and member and that he should forfeit all that he had and to render his judgement in these words the said Sir Walter had a command from the said Grandfather Which things considered and this also that you William surrendred the said castle of Outhrewyke to the enemies of our Lord the King aforesaid without any duresse or want of Victuals against your allegeance and undertaking aforesaid the Lords abovementioned sitting here in full Parliament adjudge you to death and that you shall be drawne and hanged But because that our Lord the King is not yet informed of the manner of this judgement the execution thereof shall be respited untill the King be informed thereof Whereupon it was commanded to the said Constable safely to keep the said William untill he had other command from our Lord the King This case is very punctuall this judgment fatall to the Defendant wherein all his former pleas and far better then he could make are over-ruled against him long since even in full Parliament First this Weston as soon as he heard of the enemies approaches and intent to besiege Outhrewyke castle sent post to the Councell and to the Governour of Calice acquainting them with the weaknesse of the Garrison and craving present aid as the Defendant pretended he sent to his Excellency yet could receive no supplies from either Secondly his Garrison was not halfe enough to resist the enemies great power neither had he meanes to encrease it when as Bristoll garrison was abundantly sufficient to resist the enemy and the Defendant might have doubled it had he pleased there being 6000 or 8000 able men more in the towne whom he might have imployed in its defence Thirdly there were 8400 enemies before it as many or more then were before Bristoll and but 50 men onely in the castle to defend it whereas there were 2000 foot and 300 horse at least to guard Bristoll a vast disproportion Fourthly they had nine great Peeces of battery a great Ram or Morter-peece greater then ever were seen in those parts before with many other Engines as many or more then the enemy had at Bristoll Fifthly the siege battery and assault thereof continued from Munday till Saturday whereas Bristoll was besieged onely from Munday till Wednesday noone not halfe so long and then yeelded upon parley Sixtly all the walls and houses of the Castle were beaten downe and battered exceedingly and the ditches drained of the water by trenches and all their barricado's beaten downe yet they still held it out whereas not one shot at all was so much as made against the Castle or walls of Bristoll but against the Out-works onely Seventhly after the walls and barricado's were thus broken downe and the ditch drained they manfully repulsed the enemy who fiercely assaulted it and slew divers of them with the losse and wounding of some of the garrison whereas Bristoll Castle and the body of the Towne were yeelded up before the least battery Mine or Assault Eighthly they made all things ready for an assault planting all their Ordnance Engines Galleries and Faggots close to the Castle-ditch and sent two severall Heraulds and Messengers to him for a Parley ere he would treat whereas the Defendant before any battery or assault against the City or Castle sent out twice to the enemy for a Parley with so much haste that he would not hearken to any who would beat them out or oppose or delay the Treaty Ninthly twelve of his fifty men were by this time slaine sick and wounded so that he had onely 38 left to make good the castle thus battered and assaulted with so great a power whereas the Defendant lost but eight men at most and had at least 2300 horse and foot when he fell to parley Tenthly he surrendred the Castle by the advice of a generall Councell of War upon better grounds then the Defendant yeelded up Bristoll to wit because the wals were beaten downe the garrison over small to defend it the enemy very likely to force it by the assault no present reliefe neare at hand and to save his owne with the Souldiers lives and goods which else were indangered to be lost none of which the Defendant can justly alledge as we have manifested Eleventhly he made the most of an ill bargaine by selling the Victuals and Prisoners in it to the French for 1500 Franks with which he paid his Souldiers their arrears of wages discharged the debts of the castle owing for Victuals and defrayed the charges of their passage into England whereas the Defendant yeelded up all the Prisoners and Victuals to the enemy gratis with which provisions the ships that brought over the Irish Souldiers were victualled and left the State to pay the Souldiers arreares and other debts contracted by him there amounting to many thousand pounds which ought to be made good out of his owne estate Therefore in these respects he ought to undergoe the selfe same judgement of death and to be drawne and hanged much more justly then he To these Presidents Col. Fiennes Answered 1. That these Governours had all of them Commissions under the great Seale of England to keep these Townes and Castles and that made their offence so great but hee had no such Commission under the great Seale of England to bee Governour of Bristoll and this he conceived differenced the cases much To which Mr Prynne replyed First that the Defendant was much mistaken in this point for these Towns and Castles lying in France if the Commissions of their Governourships were under any Seale it was under the great Seale of France not of England as appeares by the expresse Statute of 14. E. 3. Stat. 4. 1. H. 6. Rot. Parl. Num. 14. 15. Secondly that the great Seal being carried from the Parliament when his Commission was granted he could not expect any such Commission under the great Seal but from the King himselfe in opposition to the Parliament to whom he surrendred Bristoll perchance for want of a Commission under the great Seal to keep it Thirdly if this were a good plea or warrantable distinction then all the Governours of Towns and
Major Dovvet saith that he heard Captain Birch declare when the City of Bristoll was upon surrendering he would have taken possession of the Castle with intent to make that good against the enemy but he was discouraged therein by the Gunner who told him that there was but ten barrells of Powder in the Castle and thereupon he came forth and diserted his resolution but since that the Towne and Castle was delivered up the said Gunner told him that there were threescore barrells of Powder in it the said Birch asking him what reason he had to tell him there were but ten the Gunner answered that Col. Nathaniell Fiennes Governour of the said City and Castle commanded him to say so All which the Major Dovvet heard from the mouth of the said Captaine Birch and will testifie the same upon his corporall Oath Francis Dovvet London 17th of October 1643. The Deposition of Mr. Talboyes Gent. The summe of his testimony was this that a neighbour of his being fined 40. l. by Colonell Nathaniell Fiennes Governour of Bristoll for Delinquency and imprisoned till he should pay this Fyne did thereupon pay downe all but 18. l. which he could not presently procure whereupon he desired the Deponent to move the Governour to respite the payment of this summe till St. James tide and then it should be paid in which the Deponent did accordingly presuming he should have obtained this courtesie for his Neighbour but Colonell Fiennes answered him I must have all the money presently for I knovv not vvhere I shall be at St. Iames tide to which the Deponent then replyed He hoped he would be then in Bristoll who answered He did not knovv vvhether hee should or not Whereupon the Deponent presently apprehending the said Governour had a resolution to deliver up and not keepe the Towne against the enemy thought it not safe to remaine therein and thereupon removed thence to London and the very next day after St. James day viz. 26. July 1643. he surrendred the city and castle to the enemy The Deposition of Serjeant William Hill I doe hereby testifie and declare my knowledge concerning the surrender of the city and castle of Bristoll that at the time when the enemy had entred the Lyne about the Barne between Brandon-hill and the Wind-mill Fort and that they were gotten in possession of Essex Fort the suburbs adjoyning being as was conceived betwixt two or three hundred of them the enemy that were without being repulsed in severall other places which they had stormed were with-drawne backe as farre as Durdam Downe the cause of my knowledge was in that after they were beaten out of sir Ferdinando Gorges his house and severall other houses on that side of the water with our Canon shot from the Key and with our Musketeers that were placed in severall houses on the Key I rode forth at Newgate and from thence up to the Fort of Pryors Hill from thence a long the Line to the redoubt and so on to the Windmill Fort all which places I found secure and our men very couragious from thence I rode to the place where the enemy entred and almost to Brandon-hill Fort all which part of the Lyne was cleare and no enemy nearer it then the Downe aforesaid and as I returned backe the Souldiers in the Forts and in the Redoubt earnestly desired me to procure some strength to be sent out of the city to assist them and likewise to make good the Lyne againe which I promised to certifie the Governour of I came immediately to the Towne and met the Governour with severall other Gentlemen riding then through Newgate forth of the city I told him that the Forts were all secure and that the Lyne was clear and that I conceived that if he would be pleased to send forth a matter of two hundred men he might not onely secure the Lyne but also take all those that were entred which he not onely refused to doe but sent a Warrant to a Major that then was upon the Lyne betwixt the Wind-mill Fort and the Redoubt commanding him on paine of death to draw his men off the Lyne and to repaire into the Towne with them which Warrant I saw and read it and as some of the Cavaliers told me the next day the enemy that was without the Lyne knew not of those that were within at least two houres time in which time their Ammunition was spent and then did those that were within Essex Fort aforesaid send out Messengers to those of the enemy that were without intimating that if they did not come speedily into their reliefe they should be all cut off and then and not till then came the enemy within the Lyne both horse and foote and possessed themselves of the suburbs whereupon the Governour presently desired a Parly with the enemy which accordingly was done All which I humbly certifie on Oath as witnesse my hand this 13th of Novem. 1643. William Hill The Deposition of Serjeant Anthony Gale 1 Anthony Gale Serjeant to Lieutenant Colonell Baker of Col. Stephens Regiment in the late siege of Bristoll doe affirme upon my Oath that upon Wednesday morning Iuly 26th when the enemy entred the Line between Pryors Hill Fort and Wind-mill Hill Fort I was upon the Line between the said two Forts and that when the enemy came upon the said worke where he made the breach there entred not above 100. men as I conceived at the first I my selfe offered to venture my selfe to make up the said breach but Langrishes horse being there to defend that place would not fall on although they were called upon for that purpose Langrish himselfe as was said being gone into the Towne and presently Lieutenant Colonell Clifton came and commanded all men to quit the Line and draw off into the Towne which after some time they did yet * after three houres respite when the enemy was entred in greater numbers and had possest divers places of advantage in the suburbs we sallyed out upon them at the Colledge Greene the enemy throwing downe their Armes and crying for quarter when presently a Parly was sounded and a command came to the souldiers that they should presently retreat into the Castle which caused some of the souldiers in discontent to breake their Armes and sweare they would never serve the Parliament againe And upon Wednesday night it was concluded that the said Towne and Castle should be yeelded up the next morning about nine of the clocke as this Deponent heard divers officers say but yet the Prisoners in the Castle were set at liberty the said Wednesday night and very early in the morning tooke possession of the said Castle committed divers plunders and inticed and seized on divers of the Parliaments souldiers and the enemy having so got possession of the Castle would not suffer any Goods to be carried from thence And I further say that many souldiers were plundered Prince Rupert protesting he could
complain and murmur that the said Governour rode thrice up in person to them that morning and commanded them upon paine of death to come from the Workes into the City and that * he looked as pale as ashes and had no heart And that they would have held the City out till Sir William Waller or others had come and rescued the same And that the Souldiers and people were * generally discontented and offended both with the said Governours Parley with the Enemy and with the surrender of the City and Castle to them and that divers of the City who were reputed Malignants went out to the Works and fought Valiantly to her knowledge she being oft among them to carry provisions and were very much grieved at the Parly and surrender And she further saith she heard onely of two Garrison Souldiers and Citizens slaine during the siege the Bullets which fell into the City miraculously hurting neither man woman nor childe And that there vvas a bundance of Wheate Pease Bisket Wine Beere Beefe Cheese Butter and all manner of Provisions in the said Castle sufficient to serve them for divers moneths Shee further attested in the Advocates chamber and presence after her Deposition given in wherein it was omitted that the Bristoll Ships sent into Ireland to transport the English souldiers and Irish Rebells thence to fight against the Parliaments forces here were victualed with the provisions left by Col. Fiennes behind him in the Castle Mary Smith The Deposition of William Whithorne Gunner He personally deposed before the Counsell that he came from Malmesbury to Bristoll with Major Allen and brought along with him neer 200. men and Armes with such Powder as the Major formerly hath deposed that the Hedges about the City were not cut downe whereby the enemies were very much sheltered and the Garrison annoyed That he was Gunner in the Sconce neere Alderman Iones his House where the enemies were repulsed with great losse the twenty sixth of Iuly in the morning when they stormed it that some few of them entring the Line in one place all the souldiers on the Line on that part and in the sconce where he was were to their great griefe unexpectedly called thence by Major Clifton upon Colonell Fiennes his Commands into the City and that in such a disorderly and tumultuous manner that many of them left their Muskets Pikes Armes Swords Powder Cartrages Bullet and their very Canons behind them whereupon himselfe and one Harris another Gunner in Priors-hill Fort according to former directions given them did spike up the touch-holes of their Canons to make them unservisable to the enemy to whose Prey they were exposed having none to guard or draw them off That the Sconces places of the Line which they wholly quitted upon this Command were much neerer to the body of the City and more advantagious for the enemy then the place where they entred that they might have drawne the souldiers at the Line into Battalio there and marched directly thence to Charge the enemy immediatly without retreating into the City which had been farre the nearer speedier and more advantagious way to charge them for then the Companies had been kept intire and in heart the enemies entred had not received timely succours and wee should have had the upper ground of them to charge them downe the Hill whereas by retreating into the City wee lost much time discouraged and disordered the Souldiers and at last in the long-delayed Sally were enforsed to charge the enemy up a very steepe Hill and narrow streete rising up with steps which much disadvantaged both Horse and Foote and gave the enemy great advantage to beate them in againe That Major Levves went out in the sally which was not till eleaven of the Clock and was wounded in it That in the sally the Horse basely retreated upon the discharge onely of one Drake when onely one man of ours was slaine in the sally and thereupon the surrender was made without any other encounter VVilliam VVhithorne The effect of the Deposition of Michael Spark Senior That one Master VVilliams of London Booke-seller living in Pauls Church-yard informed this Deponent and divers others that he was in Oxford when sundry of the enemies Commanders came from the siege of Bristol after its surrender and that he being oft-times in their company drinking heard them severall times vow and protest God Damme us That vvhen they first entred the Line at Bristoll they gave themselves all for dead men beleeving verily that they should all have been cut off or blovvne up as they might have been easily having no reliefe in tvvo houres space That they could never have taken the City or Castle vvhich vvere extraordinary strong had not the Governour most cowardly surrendred the same up unto them beyond their expectation swearing God Damme them the Governour was so hasty to yeeld up the Towne and Castle to them upon any termes that he was ready to yeeld more then they desired and whatsoever they propounded as soone as they moved it saying that if they had had such a cowardly Governour they would presently have hanged him up All which the said Williams being questioned by the Deponent for these speeches whether he would avow them protested hee would justify on his Oath when ever hee should be called thereunto before any Magistrate whatsoever Michael Sparke senior This VVilliams who could not be met with before the Triall being in the enemies Quarters in the Country hath since attested the premises to divers others and is ready to depose the same upon any occasion The Testimony of Thomas Thomas of Bristoll He being a youth about twelve yeares of age and Children commonly speak truth did attest without Oath before the Counsell De bene esse that he saw Colonell Fiennes the Governour in the high streete of Bristoll not long after the enemies entred the Line and that he looked very pale and fearefull that divers of the souldiers in the Castle in his hearing cursed Colonell Fiennes for yeelding up the Castle to the enemy which they would have defended to the last saying what have wee been thus long watching and guarding the Castle to no purpose and must we now yeeld it up after all our watching and paines without striking a stroke or fighting it out That hee heard divers of the Cavaliers and enemies Commanders both in his fathers house where Prince Ruperts Chaplains lay and in other places in conference among themselves say that Colonell Fiennes was an arrant Coward that if they had such a cowardly Commander they would presently have hanged him up and that they could not have taken the City or Castle had not hee surrendred them so hastily beyond their expectation He further saith that he being at worke in making up the Line where the enemy first entred after the surrender of the Towne heard Marshall one of the Engineers who made the Workes and revolted to the enemy when
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
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
in print by himselfe or his Agents in The Check to the Checker of Britannicus with the substance of his whole defence abstracted no doubt out of his owne Notes His first Argument was this That he was no coward as appeared First by his apprehending and sending away Col. Essex Secondly by his apprehending and executing the Conspirators at Bristoll in the midst of the City even at noone day Thirdly by quelling the Malignants and disarming the Traine-Bands of the City Fourthly by his valiant behaviour at Worcester where hee and his brother when the Forces were there routed were some of the last Officers that came off the field Fifthly by his charging at Keinton Battell one of the next to Sir William Belfoure up to the very Cannon of the Enemy when the horse killed the Canoneers as they lay under the Carriages and by other following particulars Ergo he did not cowardly surrender Bristoll To which Argument Mr Prynne Replyed First in generall That they did not charge him in the Articles to be a coward which was not now in issue nor yet that hee had shewed himselfe cowardly in all Actions since he was Governour of Bristoll But only That he had cowardly surrendred Bristoll And in hoc individuo he did and might deale cowardly though he might be valiant in other particulars This is that mistaken Passage the Check to the Checker much triumphs in let him in Gods name make his best advantage of it to repaire the Defendants honour if hee can Secondly That the Argument was a grosse Nonsequitur for as a very coward may now and then doe valiantly upon occasion and yet be no valiant man as sometimes desperatio timidos fortes facit an experimentall proofe whereof we finde in Timerous Staggs who runne away at the barking of the smalest curre yet will encounter both dogges horses men in extremity when they are at a bay and can runne no further so a valiant man may sometimes commit a cowardly action and yet be no habituall coward To put this out of question We have a memorable example in the Apostle Peter who though he were of a bold resolute spirit and no doubt the stoutest of all the Apostles as appeares by his adventuring at Christs command to walk out of the ship upon the Sea it selfe in the midst of a storme which hee though the Defendant with all his faith and valour would scarce have adventured to doe his resolute telling our Saviour That though all else should be offended and forsake him yet he would not And though hee should die with him yet he would not deny him which all the other Apostles likewise protested each for himselfe By his resolute drawing out his sword to rescue Christ when he was apprehended by the High Priests servants his cutting off Malchus eare therewith which is more then appeares the Defendant yet did to any Enemy his not putting up his sword nor giving over fighting till Christ commanded him and by his following our Saviour into the very High-Priests Hall when the other Disciples forsooke him and fled all acts and Arguments of extraordinary courage yet after he saw Christ brought into question for his life hee suddenly degenerates so farre from his former magnanimity through a pusilaminous feare then seising on him that at the very voice of a silly maide and a High-Priest servant he no lesse then thrice denyed the knowledge of his Master Christ and that with bitter Oathes and Execrations Should Peter in this case argue I was valiant when I walked on the Sea in the Chamber when I told Christ I would rather die then deny him in the Garden where I fought for him and in following him into the High-Priest Hall whether the other Disciples durst not accompany me Ergo I did not cowardly nor unworthily in thus denying him thrice with Oaths and Curses in the High-Priests Hall Certainly this were a most irrationall false Argument because courage in some Actions is no negation or extenuation of cowardize in others almost in the selfe-same nick of time Yet this is Col. Fiennes objected Argument I have shewed my selfe couragious as well as Peter in some Actions in removing Col. Essex executing the Delinquents disarming the Malignants of Bristoll in the fights at Worcester and Edgehill yea altogether as valiant as Peter in my vaunting words and promises That I would dispute every foot of ground with the Enemy to the utmost who should winne it from me by inches that my Flag of Truce should bee my winding sheet that I would keep the City or it should keep me or I would lay my bones therein Oh brave vaunting Peter yea I was pretty full of courage during the siege till the Enemy entred the Line and then I was just like Peter entring the High-Priests Hall I followed the Enemy a far off and fell from fighting to Parling from defending to surrending the City and Castle before any Out-Fort taken or one shot or assault made against City or Castle Ergo I did not cowardly or unworthily surrender them now having shewed my selfe so valiant in deeds before But since Peters Pristine valorus acts speeches did no wayes mitigate nor extenuate but aggravate his subsequent cowardly denyalls of Christ so will the Defendants his surrender Thirdly his forementioned valorous exploits have no relation at all to the surrender of Bristoll being of a different nature from them his prowesse therefore in the one can never expiate nor dis-affirme this cowardize in the other the only thing we now charge and prove these other objected Actions being not here in question Fourthly He gave this Answer to the objected particulars so farre forth only as they were applyed to Bristols surrender First That the sudden surprisall of Col. Essex being done at a private house out of Bristoll when the Defendant had his Troops about him and Col. Essex only three or foure servants neare him was a greater act of prudence then courage and a man not really valiant would have done as much Secondly That when hee apprehended the Conspirators he had the absolute Command of the City and Castle a strong Garrison in both and the major part of the City and Countrey siding with him It was therefore no great argument of extraordinary valour to apprehend them being but few in number weak in power and suddenly surprised at unawares And when he executed them all the Malignants were disarmed the whole City Country generally incensed against them for their horred Treachery and their party unable to make the least resistance so as a childe might have put them to death as securely as the Defendent Therefore this could be no convincing evidence of his courage Thirdly That the Malignants were quelled by the discovery of the Plot and the disarming of the Traine Band to arme his own souldiers and best affected Citizens was by the generall consent of the Mayor Sheriffes and most part of the Citizens after the conspiracy detected
save a City especially a Malignant one as this is averred then to have been to destroy a Kingdome yea our Religion Lawes and Liberties with it Better the greatest part of the City had been turned into Ashes to preserve the Castle and others parts of it to the Parliament and secure the Realme then to surrender the whole so cowardly so unexpectedly to the losse of the West and Kingdome in all probability Seventhly the Defendant well knew of what extraordinary concernment the losse of Bristoll would be to the Kingdome of what infinite advantage to the Enemy as is evident by his owne Letter to my Lord Say dated March 20 1643. before it was fortified or fully garrisoned published in his printed Relation pag. 13. where thus he writes May it please your Lordship to understand first the importance of this City of Bristoll c. The Enemy hath lately cast his eye upon it prompted by the witty malice of our Malignants to espye his advantage If he possesse this City he will reap these benefits by our losse 1. He will get much Money Armes and Ammunition in a more cheap and lesse hazardous way then he can have them out of the Low-countreyes all which he will pay for with Monopolies and engrosments of Trade things with which the great ones of this Towne have beene well acquainted and are therefore Malignant 2. If hee gaine this Town he will soone subdue Glocester and become master of all the Tract between Shrewsbury and the Lyzards point in Cornwall a Quarter so plentifull as his plundering Army yet never saw 3. He will become master of all the Traffick of that Inland Sea the Severn and make all the shipping both of the Welsh and English Coasts his owne 4. His Neighbourhood to Wales will from time to time supply him with a body of foot 5. Wee shall lose a great Port Towne very important for the service of Ireland and Fit to give Landing to the Rebels of that place or any other Enemy Since therefore hee knew this City to be of so great importance to the Kingdome and the losse of it so extraordinarily advantagious to the Enemy he should in this respect have held it out to the utmost extremity and rather hazarded the firing of it by the Enemy which would not have done it especially being Malignant or himselfe then quitted both it and the Castle to with all the Ammunition Canon Armes Provisions Colours Ships Merchandize Wealth therein upon such poore dishonourable termes before any Out-fort taken or one shot made against the City or Castle walls he wanting nothing but courage to defend them the Enemy having lost so many and himselfe so few in the former stormings His sixth Argument was that he stood in places of greatest danger with his Troop neare Alderman Iones his house where a Granado falling into the midst of his Troop and hurting no man he thereupon encouraged his souldiers saying that God did protect them To which was answered 1. That not one of his Troop for ought appeares was ever hurt in that or any other place where he stood with them therefore the danger was not very great 2. That this place under Alderman Iones his house was more then Canon proofe and most secure against the Enemies shot which the house and Garden walls guarded off being between the Enemy and his Troop therefore no place of danger but security 3. That this Granadoes falling in among the Troop at that time was meerly casuall and hurt not any though it frighted many and made the Defendant and his Troop presently to remove from thence as his owne witnesses deposed 4. Himselfe never charged the Enemy in person with his Troop after their entry within the Line his standing therefore with them in this secure place before the entry was no great proof of his valour much lesse that the surrender was not cowardly His seventh Argument to prove the surrender not cowardly was That the Parley and Surrender were both agreed on by the Councell of warre Ergo not cowardly To which was answered That himselfe was both the first mover perswader of this Parley this surrender and the principall man that advanced it drawing on the rest to consent to it and not making the least opposition against it 2. That the Councell of war wherein the Parley was first propounded was not generall as it ought to have been but private few of his Officers or the Gentlemen there having notice of it till a Parley was concluded and a Drummer dispatched twice to the Enemy before they would take notice of it At this Councell no Countrey Gentlemen were present but Sis Iohn Horner who gave no vote and Col. Stroode who voted against it and not above six or seven Officers of which Lievtenant Col. Davison and Major Holmes were two who opposed the Parley as for Mr Edward Stephens whom Col. Fiennes averred in print to be present at it he denies upon oath that he had ever any notice of it and so doth Col. Stephens to Being therefore such a private Conventicle and no generall Councell and these thus voting against the Parley it is a greater evidence then disproofe of a Cowardly surrender 3. The Defendant and his brother Iohn to circumvent the Councell and draw them on both to a Parley and surrender misinformed them that there were but 20 barrels of Powder and 400 weight of Match left as he confesseth in his Answer to the eight Article commanding Mr Hassard who kept the stores to affirme there was no more when as you have heard it proved there was above three times as much more then in the Castle His mis-information therefore being the chiefe motive to sway the Councell to this Parley and surrender their consents will not excuse but aggravate his Cowardize and trechery in seducing them 4. If the Town and Castle were tenable sufficiently provided with all necessaries for a defence and not reduced to extremity as we have proved the surrender by a Councell of warre will not make the Cowardlinesse and trechery lesse but greater and subject the whole Councell to censure as appeares by the Cases of Weston Gominyes and others adjugded in Parliament Otherwise if this plea should be admitted for a justification a Governour and his Officers might safely without danger betray any Fort or place through Cowardize or trechery by voting it in a Councell first and then putting it in execution His eighth Argument was That when he sent to the Enemy for a Parley and their Hostages came to Froome-gate which was barracadoed up they swore God damne us we will come in at Froome-gate which was the nearest way or have no Parley at all whereupon he sent them this resolute answer that they should not come in there but at Newgate which they were enforced to doe after much contest Ergo the surrender was not Cowardly To which Mr Prynne answered 1. That at
that time Froom-gate was barracadoed up with a Bulwark of earth and wooll-sacks 15 or 16 foot thick to keep out the Enemy made by the very women and maids with the help of a few men in a short space and when the Hostages came to that gate the work was raised so high that Captaine Taylor the Defendants owne witnesse confessed he could not see nor conferre with them over it but was enforced to goe to speak with them through a window when he received their God-damne-me message that they would come in at that gate or else returne from which window likewise he returned the Governours answer to them Now to demolish such a Barracado as this to let in these peremptory Hostages and the Enemy too who might then have cleare passage into the City had been such an undiscreet and cowardly Act as was not only below the spirit of a Governour or souldier but of a sucking childe and would have argued the Defendant if condiscended to a man utterly destitute not only of courage but common discretion 2. This braving unreasonable request argues plainly that the enemies had a very meane conceit of the Defendants valour else they would never have presumed to send him such a disdainfull message which an Heroick spirit would have so far resented as not to brooke a Parley upon any termes and his not yeelding to it is no greater an evidence that the surrender following was not Cowardly then that the building of Tinterton Steeple was the cause of the encrease of Goodwin sands His ninth Argument was his courage and speeches at the Parley wherein he confessed 1. That the motion of the Parley proceeded meerly from himselfe 2. That the Parley was concluded on before ever the Maior repaired to the Councell 3. He said the Maior was extraordinary fearfull and pressed earnestly for an agreement with the Enemy 4. That when the Enemies Commissioners at the Parley upon the motion of Captain Birch that the Citizens might have liberty to carry away their estates if they pleased stuck at this demand hee thereupon rose up and with great earnestnesse protested that he would break off the Parley and rather lose his life AND HOLD AND PUT IT TO THE UTMOST EXTREMITY then not provide for the security of the Citizens estates which speeches he proved by the testimonies of Captaine Birch and Mr Prickman Ergo he did not cowardly surrender the Town and Castle To which Mr Prynne replied 1. That the motion of the Parley proceeding originally from himselfe before any sollicitations from the Maior or Citizens argued that himselfe was more fearfull then the Maior though thus extraordinary timorous and that both the Parly surrender proceeded from his excessive fear 2. That we had here confitentem reum that he held not the Town till utmost extremity as his duty bound him For he told the Commissioners if they would not yeeld to secure the Citizens goods whom he frequently brands for desperate Malignants he would then venture his life and put and hold it to the utmost extremity therefore he held it not by his own confession till such extremity and so by the very Articles of War and construction of Law is guilty of a Cowardly and Traytorly surrender for which he ought to dye And here observe the strange temper and guilt of the Defendant My Lords hee was constituted Governour of Bristoll not by the Maior and Citizens but his Excellency and the Parliament to preserve it from the Enemies hands rather for the Kingdomes safety then security of the Malignant Citizens goods He had formerly oft protested to the best affected Souldiers and Citizens that hee would dispute every inch of ground with the Enemy from the Out-works to the gates from thence to the Castle whither he would make his last retreat and there lay his bones making his winding sheet his flagge of truce and the like for the Common good and security of them and the Realm But now alas as soone as the Enemy entred the Line Heu quantum mutatus ab illo he became a quite other man and forgetting all former valiant promises heroick resolutions for the Republicke he presently sent for a Parly and disputes not so much as one inch of ground with the Enemy neare the Gates or body of the City retires not one foot towards the Castle insteed of adventring his life to preserve the City for the Parliaments and Kingdomes safety against the Irish Rebels and Welch Malignants incursions hee hath not so much as one word or thought tending that way but all publike engagements set aside he now only lookes after the security of his own person and of the Malignant Citizens persons Estates for the Enemies future advantage and rather then these shall not be saved he now protests he will lose his life and put all to utmost extremity Had hee really intended to make good this his protestation for the Citizens benefit and safety in case the Enemies had denied his demand in their behalf which I much doubt of since notwithstanding his foresaid Protestations he would not doe it for the publike I humbly conceive hee ought much more in point of honour and duty to have executed it for the whole Kingdomes preservation and utility which since he did not really perform nor intend to do it you have here confitentem reum an evidence dropping from his own mouth sufficient to condemn him And therefore my humble motion to your Honours is that his person may presently be secured as by Law it ought The rather because it plainly appears by all the cariages of the Defendant from the enemies first entry till his return to London that this surrender proceeded meerely from timidity and cowardize at the best as I shall evidence by these particulars First by his calling the Souldiers from the Line under paine of death and not permitting them presently to encounter the Enemy as he was importuned by divers and bringing them off in such confusion that many of them left their Armes Ammunition and Ordnance behind them which might have been easily drawn off there being so many halliers horses in the City for that purpose Secondly by giving no order nor direction to the Souldiers drawn off for any present service or sally in divers houres by meanes whereof many of them deserted their colours Thirdly by not imploying his reserve under Captain Stokes not his Maine-Guard nor Souldiers in the Castle consisting of at least 500 men who were fresh and had been upon no service to make a present sally on the Enemy who might with ease have been cut off by them without calling any from the Line Fourthly by his contradictory commands and pale looks attested by William Deane Mary Smith Captain Bushel Thomas Thomas and generally taken notice of by the Souldiers Fifthly by his hastinesse to propound and send for a Parley to the Enemy even before the sally made as Col. Strood deposeth
case a leading President for all future times to deterre all Governours of Townes or Castles from cowardly traiterly or unworthy surrenders of them Thus ended the long debate of this great cause begun on Thursday the 14 of December 1643. and concluded on Saturday December 23. After which both parties were ordered to attend the Councell againe on Friday following being the 29 of December to heare sentence the Councell desiring so much respite to peruse their Notes and prepare their Iudgment Who sitting againe and we attending them on the designed day the Councell first delivered their severall judgements of the cause among themselves in private after which Colonell Fiennes was disarmed at the Councell-chamber-doore whereat he was much appalled and then he and we being called in the Iudge-Advocate read his sentence out of a paper in haec verba COlonell Nathaniell Fiennes you have been arraigned and convicted before this Honourable Councell for surrendring and delivering up the Towne and Castle of Bristoll with the Forts Magazines Armes Ammunition Victuals and other things thereunto belonging and for not having held the same to the utmost extremity according as by your duty you ought to have done For which offence this Honourable Councell hath adjudged you to be executed according to the tenour of the Articles of Warre by having your head out off God have mercy on your soule The Defendant astonished at this sentence told the Councell in an insolent manner that he little expected such a sentence from them and as if he had been their Controller demanded upon what grounds and reasons they thus condemned him and whether they did allow of our paper-witnesses or disallow the testimonies of his Officers Whereupon all being commanded to withdraw for a short space and then called in againe the Defendant was told it was against the stile and honour of the Councell to be demanded the reasons of their judgement after it was once pronounced Vpon this the Defendant prompted by his brother alledged that he was a Parliament-man and claimed his priviledge that he ought not to be condemned without the privity of the Commons House to which he appealed against this sentence and desired his appeale might be entred To which Mr Prynne answered that he had formerly appealed from the Parliament the ancient proper Iudge of his cause to a Councel of war and by his own voluntary motion waived his Priviledge to put himself upon this triall as appeared by two Orders of the House therefore he could not now appeal back again to the House or resume or claim his waived Priviledge after judgment Notwithstanding upon his request his appeale was entred yet a Guard was set upon his person at his Lodging and upon better consideration he sent to withdraw his appeal that night though the Councell assented not to it being well assured that the Parliament would confirme the sentence and perchance see it put in due execution The Prosecutors protesting their sorrow for the Defendants folly in pulling such a sentence on his owne head through his vaine pride and ambition to justifie himselfe left him under restraint and returned early next morning to London where the first Newes they heard was that the Defendants friends had reported over all the City the very evening the sentence was given some houres before it was pronounced by way of Prophesie or Policie rather that Colonell Fiennes was absolutely acquitted by the Councell and came off with such honour as none ever did before him that not one of the Articles was proved against him his Prosecutors very much blamed and ordered to aske him forgivenesse at the least if not to undergoe some heavie punishment for slandring him which reports were averred with so much confidence that the newes of his condemnation would hardly be credited at first till our Relations of the truth of his sentence to some Members of the House seconded with Letters from Saint Albans and some of the Councells owne attestations quite allayed this false Allarme by degrees After which the Defendants Friends and Partisans altering the Scene of this unexpected Tragedy confessed he was in truth condemned to lose his head but yet he was absolutely acquitted by the Councell of Warre from the Articles exhibited and all pretences of Cowardize or Treachery and condemned onely for not firing the Citie which his tender conscience and care of the Parliaments honour would not permit him to turn into ashes to the ruine of many innocents And withall they further bruited that the Defendant was wholly acquitted by three of the ancientest best experienced Souldiers and religious party in the Councell and condemned only by some of the younger deboister Colonels c. casting sundry grosse aspersions both upon the Prosecutors and Councell to their intolerable disgrace in all places companies with incredible impudence young Sprigge a Minister presuming to censure both the Councell Prosecutors and Sentence in the very Pulpit making lyes their refuge to over-top the truth To make these false reports more currant they likewise reported that the Colonell was set at liberty and pardoned within two dayes after his sentence by his Excellency who therby declared him innocent and unjustly condemned Hereupon the Prosecutors to vindicate the Councell and themselves from these impudent scandalous reports divulged with so much confidence that they passed every where for currant truths drew up and exhibited this ensuing Petition to the House of Commons To the Honourable the Knights Citizens and Burgesses in this present Parliament assembled The humble Petition of Clement VValker and William Prynne Esquires Sheweth THat your Petitioners by publike Proclamations posted up at Westminster and the Exchange and by private Summons were involuntarily engaged by Colonell Nathaniell Fiennes who by severall Orders of this House upon his owne spontaneous Motions put himselfe upon the Triall of a Councell of Warre declining the Parliament though a Member of it to exhibite Articles of Impeachment against him not out of any private interests but onely in the Kingdomes behalfe that he contrary to his trust duty and sundry promises to defend the City and Castle of Bristoll of which he was Governour to the uttermost extremity to dispute every foot yea inch thereof with the enemy to lay his bones therein and to make his Flag of Trace his Winding-sheet did most cowardly and traiterously surrender the same with all the Ammunition Cannon Armes Magazines Provisions Prisoners therein and the very Colours too into the hands of Prince Rupert and other common enemies of the Kingdome upon the entring not above one hundred and fifty enemies within the Line at a place worst fortified and guarded who all gave themselves for dead men and might have easily been cut off at first and that before any one of the Out-sorts taken the Wals of the City or Castle once battered assaulted or the siege thereof continued three whole dayes though he wanted neither Men Ammunition nor Victuals to have defended the same for three moneths space or more
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
they did That Essex Fort commanded the place where the enemies entred and if it had been manned with twenty or thirty Musketeers would easily have kept out all the enemies partee which divers of the Defendants Witnesses upon crosse examination acknowledged that the key was unfoardable by reason of water and mudde and the enemy could not have passed over there but with great losse and disadvantage that the Castle as they found and left it was a place of such strength as was able if victualed to defend it selfe easily till reliefe might come and to make good conditions for it selfe and the Towne in case it were necessitated and as they heard it was after fortified by the Defendants they conceived it very tenable and hardly to be forced by the enemies whole Power Paleologas likewise deposed that when Prince Rupert came first before Bristoll and they preparing and marching to withstand him the Governour for what intent he knew not demanded of him which way they might best retreate whereupon he desired him earnestly and wished Colonell Popham to doe the like for Gods sake not to talke of retreating for that would greatly discourage his Souldiers and make them not to fight but disert their colours The Deposition of Serjeant Major Edw. Wood concerning the surrender of the City and Castle of Bristoll first delivered in writing and after attested before the Counsell Viva voce That I was at Bristol the whole time of the siege that certain daies before the siege I viewing the workes with the Governour observed a disadvantagious peece of ground which by reason of its heighth and neerenes being within Carbine shot commanded our Workes and desired him by all meanes to take it in by raising some small Worke there from which we might have retreated with much safety if distressed affirming that it was the most advantagious place that an enemy could finde about all the Towne the which we found to be so within few daies after for that was the chiefest place the enemy possest and there was their nearest batteries but notwithstanding without all reason Colonell Nathaniell Fiennes * refused the acting of any such advice the enemy made their chiefest and greatest assault upon and from the ground aforesaid which lay fronting that part of the Line which was committed to my charge being Wind-mill Fort and thence to Prior-Hill Fort where they made their often attempts with scaling Ladders Fire-pickes Granadoes and the like but were beaten off with great losse especially that morning they entred that part of the Line which was in Lieutenant Colonell Cliftons charge who came to me not fromwards his charge but the Towne and was the first man that gave me certaine intelligence that the enemy was entred the Line for he brought these Orders that I must vvith all haste dravv my men from off the Line and retreat suddenly into the Tovvne and my retreat must be in at Nevvgate I wondered at this strange alteration and began to question the reasons unto which he replyed the enemy had entred the Tovvne possessed themselves of Frome Gate vvhich vvas our neerest Gate to retreat in at and the Colledge Greene and that if I did not immediately retreat the enemy vvould get betvvixt us and the Tovvne and so cut us off every man Captaine Husbands who might perfectly see their entrance told me since he could not ghesse the number of the enemy that had entred to be more then two hundred men which I conceive in my conscience to be the utmost * now we might easily have spared twice their number from off the Line to have cut them off and to have made good the place where they entred for I am confident we had no lesse then two thousand men in the Town that were under pay also a Regiment of Horse besides considerable numbers of Volunteers Townes-men for I had as I beleeve at that part of the Line that was in my charge no lesse then one hundred Citizens that defended the Workes voluntarily when we were retreated into the Towne * Colonell Stephens Lieutenant Col. Davison and I met together and agreed upon a sally I was directed to goe to the Governour to presse him so to doe but all the language I could make could not cause him to cause a sally forth he replying that the enemy had possest themselves of sir Ferdinando Gorges House and had entred the suburbs with most of their Army unto which I replied it could not be and as for sir Gorges House if he would but give me 200. Musketeers I would undertake either to cleare the House of them or fire the House about their eares or lose my life but notwithstanding my Colonells and my owne often pressing of him to make a timely sally he would allow of none untill such time as it was too late for he neglected it at my guesse at the * least two houres by which time the enemy had liberty to send for their Foot unto the other side of the Towne which had neere two or three miles to march before they could come about to the breach When the Governours too late sally was beaten backe which if he had made seasonably in all probability had freed the Towne of the enemy he sent to the enemy for a Parley but the first newes I heard of it I being at supper in my quarters and not so much as hearing of any that was sent from the enemy to treat was that the Tovvne vvas to be delivered up and vve to march avvay next morning I presently repaired to the Governours quarter where I met the Governour and those the enemy sent to treat comming forth of the Garden where it seemes the Governour and Treaters made conditions without the advice or consent of any Counsell of Warre Divers houres before nine of the clock next morning the houre agreed on for surrendring Town and Castle the Castle was delivered into the hands of some few Officers of the enemies many of us going to fetch out what we had there were denyed entrance into the Castle and many others of us were detained and kept Prisoners within and plundered by the enemy untill such time as after our convoy was marched forth of the Towne through which fault of the Governours many suffered very much As for my owne part I was kept prisoner in the Castle and could not get from the Towne untill the third day following The Governour broke the conditions with the enemy in not Souldier like delivering up the Towne and Armes according to the Articles agreed on for the which cause the enemy as they told me themselves had no reason to performe their conditions to us when our Governour in the first place broke his conditions with them I know no greater cause why the Officers Souldiers and others were so plundered miserably abused and many seduced to forsake us and take entertainment of the enemy then the miscarriage of the Governour whom so far as I could