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master_n	arthur_n	sir_n	william_n	4,198	5	9.2926	4	false

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

Pardon relating to the Prosecutors and Counsells sentence in the sence they are pressed and made use of are meare misrecitalls misinformations which vitiate the Pardon as all the premises and succeeding testimonies evidence As for his Excellencies own testimony of his Integrity in the Scottish Negotiation Ann. 1641 and endowments FOR OTHER IMPLOYMENTS in the State they are no convincing Arguments of his courage integrity or extenuations of his cowardize and treachery in surrendring Bristol nor yet his pretended valorous carriage at Keinton Field attested by Sir William Balfour as we have formerly evidenced Therefore there is nothing in his Pardon that can any way acquit him from cowardize or Treachery in the surrender of Bristol And the words OTHER IMPLOYMENTS c. discover that his Excellency deemes him a better Commissioner then Souldier and we wish he had shewed himselfe either a good Treater or Commander at Bristoll where he was neither one nor other for then we are certaine hee would never have yeelded up all the Ammunition Canon Magazines Armes Prisoners and Colours to the Enemy together with the City and Castle before any one For taken or any one assault so much as given or Canon shot made against the City or Castle walls which had 2300 armed Garrison Souldiers at the least then ready to defend them In fine both his Sentence and Pardon be it what it will are apparant demonstrations of his guilt and capitall offence And whether his carriage in this action hath been so valorous so free from all umbrages of Treachery as may justly demerit an absolute Pardon and discharge from the execution of his capitall punishment and such a speedy release from all future imprisonment restraint and likewise from all further impeachment or prosecution concerning the said surrender at leastwise from giving any account of the many vast sums received by him at Bristol and the debts he there contracted on the State of which no account at all hath hitherto been given though long since promised and required let the ensuing Testimonies at the Tryall determine with which we shall conclude this tedious Relation Errata transpositions and omissions at the Presse PAge 21. l. 46. read he did p. 22. l. 36. 37. ran fast he was p. 52. l. 37. murtherers p. 53. l. 6. and av p. 57. l. 46. no ill p. 65. 4. their incontainability l. 12. knew l. 42. might must p. 78. l. 8. as well p. 92. l. 25. I am A Catalogue of the VVitnesses and Testimonies produced by the Prosecutors of Colonell NATHANIEL FIENNES at his Tryall THe Author of the Check to the Checker of Brittanicus to amuze the world hath prefixed to his Pamphlet the Names of those Gentlemen and Persons of Honour and Quality who were witnesses for Nathaniel Fiennes without expressing what they testified The persons of most honour and quality there named most of the others being persons of no quality honour or Gentility are such as were either no witnesses at all for him as Sir William Waller and Sir Arthur Hazelrigge whose letter onely long before the siege formerly Printed in his Relation p. 26 27. was produced and made little to the purpose Or such whose Testimonies were altogether impertinent as Sir William Balfore his Testimony that he charged up with him at Edge hill batell formerly answered Mr Anthony Nichols testimony That Colonell Warnslow in a Letter of his lately written affirmed that they spent 40. Barrels of powder at Plymouth in one day when they repulsed the Enemy out of their Works and Master Iohn Ash who attested onely Sir William Wallers and Sir Arthurs Letter Or not much materiall as Mr Thomas Hodges that The Castle wals of Bristoll were ancient and decayed when he was a Schoole-boy in Bristoll All the rest of the witnesses except Sir Iohn Horner who professed he was no Souldier and medled not with any military affaires were either his owne kindred Officers servants who were parties involved in the same crime and had pay due from him and some of them young heardlesse Souldiers never in Armes before who refused to charge the Enemie or Citizens to whom he owed money and so scarce competent witnesses in Law in such a Case as this To ballance yea over-ballance these his meere nominall witnesses we shall here present the Reader with a Catalogue of our Testimonies in this Case many of them being persons of quality and honour others experienced Souldiers all the rest persons wholy indifferent and dis-ingaged who had no relation or obligation to the Prosecutors their Names Qualities and Testimonies here follow in Order first Members of the House of Commons next Colonells Leiutenant Colonels Majors Captaines Officers then Common Souldiers Citizens and others of inferiour rank with figures in the Margin relating to the severall Articles of Impeachment to which they were applyed The Testimony of Sir William Waller Knight a Member of the House of Commons Upon my returne to Bristoll immediatly after my defeat at the Devises Col. Fiennes complaining to me that he was burthened with a multitude of Prisoners 〈…〉 him to take the opportunity of a ship that was then going out to transport them to London He replyed That he would keepe them to make his owne Conditions the better William Waller Farnham 20. Novemb. 1643. This was written with Sir Williams owne hand who offered to depose it upon Oath but in regard he was a Generall his hand and reputation well known to the Counsell and Defendant and a Generalls testimony in Counsells of War usually admitted without an Oath we thought meet to doe him so much right as to take his testimony upon his honour without an oath The Testimony of Edward Stephens Esq a Member of the House of Commons Master Edward Stephens of Little Sudbury in the County of Glocester attesteth upon Oath That there was not any Counsell of Warre to this Deponents knowledge called by Colonell Fiennes the then Governour of Bristoll to consult of a Treaty to be held with the Enemy to surrender Bristoll and this Deponent further saith that being in the Castle he heard a discontented tumultuous rumour of the Souldiers and the common people that Colonell Fiennes had sent a Drummer Major Langridge and Captaine Hepsly to the enemy for a Treaty and this Deponent was earnestly importuned to goe to the Colonell and endeavour to hinder and break off the Treaty Colonell Fiennes man met this Deponent going out of the Castle and desired him to come and speake with his Master when this Deponent came to the house of the said Fiennes he found the said Colonell there and the Major and Sheriffes of Bristoll and some chiefe Citizens and divers Souldiers and Gentlemen Colonell Fiennes had the Articles ready prepared for himselfe and the souldiers the Major and Citizens had done the like for themselves there remained nothing but that the Gentlemen should consider of conditions conducing to their safety the Hostages from the Enemy were come to Frome-gate before this

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

printed Relation Letters or answer affirmed that hee surrendred the City or Castle for want of money then by his own confession hee must surrender them either out of treachery or cowardize they being tenable and furnished will all other necessaries for a siege but money Sixthly He observed that Col Fiennes did never refuse the place of Governour as he should have done had he been unwilling or unable to discharge it That his importunity to quit it in case he could get no money was with no intent to leave the place but only to hasten the supply of moneys it being the argument and retorick of most other Commanders in their Letters to the Parliament to cry out for moneys else all would soon be lost and they must disband Seventhly That hee took on him the power and place of a Governour long before he had a Commission that hee drew and sent out Ordinances to passe the House to enlarge his power and territories for twenty miles space round Bristoll and to settle himselfe in an absolute Government there That he both earnestly writ and sent up twice to his Excellency for a Commission by a speciall Agent that so he might be Independant that hee accepted of the Commission when it came Yet never acquanted the City or Committee of Parliament with it doing all things in a high imperious manner for the most part of his own head without their privity or advise That hee held his Commission without surrendring it till hee surrendred the Town and Castle to the Enemy so unwilling was hee to depart with his Governorship From all which he concluded it was apparent he was so farre from refusing that he did ambitiously affect if not injuriously usurp this Government for his own private luchre to the prejudice of the former Governour and irreparable dammage of the whole Realm In fine Col. Fiennes desired Mr Prynne to prove First That he ever undertook to his Excellency or the Parliament to make good the City or Castle and not to surrender the same to the Enemy without their consents Which hee thrice denyed in his answer To which Mr Prynne answered That the very Law it selfe and common reason informes us that every Governour of a Town or Fort is to make them good and not to surrender them to the Enemy without the consent of those who committed their custody to them else very Governour might betray his trust at pleasure This therefore being a condition in Law annexed to all Governours and Officers and he confessing himselfe to be Governour and that by a Commission which no doubt enjoyned him to make good and keep the place in manner aforesaid needs no other proofe at all the Law resolves it and therefore none must doubt or contradict it With this debate the proofe of the first Article was concluded Article 2. The second Article was proved by his own printed proceedings mentioned in a full Declaration c. p. 5. 6. 7 8. 15. By his Answer to the Article and Relation to the House of Commons p. 15. And Mr Prynne informing the Councell that he did not charge it criminally being a lawfull Action done by direction of Parliament but only by way of introduction and aggravation of the subsequent Articles and crime in surrendring the Town so treacherously and cowardly after this his sentence against and execution of those Conspirators it was passed over without further pressing Article 3. The third Article being likewise introductive to aggravate his offence in the 4 5 6 8 Articles was briefly proved by his own printed Relation p. 4 5 6 23. By his printed letter to his Excellency confessed in part in his Answer and to be further proved in proofe of the ensuing Articles was thereupon briefly runne over And so the first dayes hearing ended with great dishonour and disadvantage to the Defendant by reason of his denyall of those apparent known truths he was enforced even with shame enough to confesse which lost him much in the opinion of the Councell and many of his own friends The second dayes hearing together with the 3 4 5 6 7. spent wholly in the proofe and defence of the fourth Article to which most of the others in the reply and rejoynder were reduced THe three first introductive Articles being runne over the first day the Prosecutors the next session proceeded to the fourth where the criminall and capitall charge of the Impeachment began which the Defendant considering used all the Artifices that might be to shift off the proofes if possible To which end he first demurred to the depositions taken upon Oath against him both before the Judge Advocate himselfe and by Sir William Waller and Col. Carre by Commission from his Excellency alledging First That no paper deposition ought to allowed by the Law in cases of life and death but the Witnesses ought to be all present to testifie Viva voce else the Testimony ought not to be received Secondly That Sir William Waller was his Enemy and by confederary with the Prosecutors had been the chiefest instrument of Prosecuting this Impeachment against him to which end he produced one Major Dowet a French man whom Sir William Waller had displaced and so disgusted to attest That Master Walkers Reply to Col. Fiennes his Relation was shewed to Sir William and his Lady before it was printed and that Sir William had spoken to his Officers to acquaint Mr Walker with all such passages as they knew concerning Col. Fiennes touching the siege and surrender of Bristoll Therefore he was neither a fit Commissioner nor witnesse in this cause nor yet any of his Officers under him Thirdly that hee had not joyned with the Prosecutors in Commission neither had he notice thereof that so he might crosse-examine the Witnesses therefore for these reasons he desired that all our Paper Depositions might be suppressed and not given in evidence against him To the first of these objections Mr Prynne returned this answer First that himselfe had formerly used this kinde of proceeding in the case of Col. Essex against whom he had not only taken but printed divers paper testimonies in things which might have proved capitall if the proofe had been full That himselfe in this very case had sued forth a Commission to examine Witnesses on his behalf without our privity before we took forth any Commission who did but imitate him therein and that by the Iudge Advocates own advise who directed us to this course which hee affirmed to be both Legall and usuall That in the Civill-Law especially in Courts Martiall tryalls were as usuall Testimoniis as Testibus viva voce That in the Admirality a Civill Law Court as likewise in the Chancery Star-Chamber and English Courts formed after the Civill Law they proceed usually by way of Deposition That even at the Common Law in some cases Depositions taken before the Coroner and Examinations upon Oath before the chiefe Iustice or other Iustices are usually given

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

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