Relation of the Prosecution of Nathaniel Fiennes, Trial proceedings · Floating text 7
The Anſwer of Col. Nathaniel Fiennes, to the Articles exhibited by Clement Walker, and VVilliam Prynne.
1. TO the firſt Article, Colonell Fiennes denieth, that he did ſuddenly apprehend, impriſon, and remove from the Government of the city and caſtle of Briſtoll, Col. Thomas Eſſex the Governour thereof, upon pretence that he intended to deliver up the ſame into the hands of the common enemies of the Kingdom and Parliament; or upon any pretended cauſe whatſoever, or that Col. Thomas Eſſex was ever Governour of the ſaid city or caſtle; but doth acknowledge that ſoon after his comming to Briſtoll by an expreſſe aProcured by himſelfe; The Order was, to ſend Col. Eſſex up if C. Fiennes ſaw cauſe: who being deſirous of his place reſolved to ſee cauſe.Order from his Excellency, written all with his owne hand, he did ſend unto him Col. Thomas Eſſex, who at that time commanded a Regiment in that city, and as hee is well aſſured that his Excellency had very good cauſe to ſend that Order to him, although he knew nothing before it came unto him; ſo hee did not put it in execution, but upon mature deliberation and advice with bHee names none in particular, and many of the Gentlemen, diſclaime this conſultation and advice.most of the wiſeſt and beſt affected Gentlemen to the Parliament, and of the beſt quality in the Towne and Countrey, and upon good cauſe appearing unto him; and that for the ſecurity and preſervation of that city, which in all probabilities could not otherwiſe at that time have beene ſecured. And he doth further deny, that thereupon or at any time after, he did ſeek or deſire the Government of that city for himſelfe: But on the contrary, that he did ſeek and endeavour to be freed from that employment, and that not in complement, but really, earneſtly, frequently, as hee is ready to make good by proofe. And laſtly he doth deny, That ever hee cEſſex undertooke to make good the City and Caſtle to the Parliament, when hee was removed by Fiennes; if he never undertook the like, then its cleare be removed him to the end the King might the eaſier gaine it.undertook to the Parliament, or my Lord Generall to dIts ſtrang a man ſhould undertake the charge of that he never undertook to make good.make good that City or Caſtle; or that ever he had anycharge of the Caſtle as a Fort, or otherwiſe then hee had of any Church or houſe in the City: but on the contrary, That he did from time to time declare, that he could not keep that City in the condition it was, and that it would eWhy then did he remove Eſſex who was of a contrary opinion? why did he fortifie and ammunition the City to the Kingdomes and Countreys vaſte expence? Why did he undertake the custody of it, if it muſt certainly fall into the Enemies hand?certainly fall into the hands of the Enemy, unleſſe better proviſion were made for it, and that he would not be anſwerable for it, unleſſe certaine propoſitions which he ſent to the Parliament, or ſomething equivalent thereunto might be granted unto him, which he could never obtaine. And further the affirmeth, That he fErgo, He uſurped the Government of Briſtoll with this intent, to ſurrender it up to the King, without either the Parliaments or his Excellencies previous conſents; and in plaine termes, not to keep but betray it to the Enemy.never did undertake not to ſurrender the ſaid City or Caſtle, both or either of them without the previous conſent and Order of the Parliament, or that the Parliament ever did, or in gCertainely, either the Parliament have loſt their reaſon and juſtice, or this reſpondent his wit and honeſty, if ſuch a ſtrang Paradox as this may paſſe for current.reaſon and juſtice could require any ſuch undertaking of him, or that he did or ever would have undertaken it, all which hee is ready to make good by proofe.
2. To the ſecond Article, Col. Fiennes doth acknowledge, that not many dayes after his ſending away Col. Eſſex, by the bleſſing of God upon his care and vigillance,hThis Conſpiracy was not diſcovered by him, but by one D…bbins, to M. Walker the Proſecutor, who diſcovered it to Fiennes; and was a chiefe Agent in bringing the conſpirators to puniſhment; yet Fiennes in his Letter and Papers arrogates all the honour of this Diſcovery to himſelfe, and receives all the thanks from the Parliament. he diſcovered and defeated a wicked conſpiracy plotted between divers Inhabitants of the city of Briſtoll and ſome of the Officers of Col. Eſſex his Regiment, for the delivering up of that city into the hands of Prince Rupert, and other common Enemies of the Kingdom and Parliament; and thereupon apprehending and impriſoning divers of the Conſpirators, and thereby diſappointing the deſign of the Enemy, hee was a meanes under God at that time of preſerving that city, for which he received publike thanks by a Letter from both Houſes of Parliament, which he hath to ſhew; and after by vertue of a Commiſſion from his Excellencie by Order of both Houſes of Parliament, he called a Councell of Warre, whereof himſelfe was appointed Preſident by the ſaid Commiſſion, and by that Councell of Warre divers of the Conſpirators after due try all were condemned, and the ſentence of death paſſed upon them, which ſentence Col. Fiennss did forbeare to put in execution till ſuch time as he had acquainted the Houſe of Parliament, and his Excellencie therewith, and the grounds thereof; and then by his Excellencies command, according to a Vote of the Houſe of Commons, hee did execute two of the principall Conſpiratours, (viz. M. Yeomans and M. Butcher,) notwithſtanding the importunity and moſt earneſt interceſſion of the Mayor and Aldermen, and divers of the city to the contrary, and theiThe contemptible opinion the Town had of the Colonels ſpirit, was the cauſe of theſe ſpeeches. threats and deſperate ſpeeches given out by the Malignants, although it ſo happened at that time, that akThe ſtrength ſent to Sir William Waller was not conſiderable, the Town diſarmed, the Garriſon ſtrong, the Parliament maſters of the Weſt, ſo that a child might have adventred on this execution without difficulty or oppoſition. conſiderable ſtrength was drawne forth of the Town to the aſsiſtance of Sir William Waller, inſomuch that ſome ill affected perſons in the Town conceived us ſo weak that the Malignants were able to maſter us, had procured his Majeſtie to ſend a Trumpeter with a letter from himſelfe to the city to ſtirre them up, and command them to riſe and reſcue the ſaid Conſpirators, and to kill and ſtay all thoſe that ſhould oppoſe them therein; yet for all this Col. Fiennes in obedience to the Parliament, and his Excellencie did put the ſentence in execution, and that at midday and in the middle of the Town; in all which hee conceaveth that he diſcharged his duty faithfully, temperately and reſolutely.
3. To the third Article, he anſwereth, that notwithſtanding, that without any or very little help at all by his own proper induſtry and unceſſant travell and paines, hee endeavoured to fortifie and furniſh that place in ſuch ſorth that it might bee in poſture of defence, and that without lHee writ many Letters to them every week for moneys, and received ne…re 9000 l. from the Parliament beſides the Cities and Countries contributions and plunders, to effect this work for the Enemy.troubling the Parliament at all; hee had well nigh brought a line or rampire of earth round about the Towne; whereupon there were ſome ſmall works or redouts, which in this charge are called Forts and Sconces: And that he had procured ſome proportion of powder, Artillery, Gunnes, Granado's and other proviſions, whereof hee found the Town very much deſtitute, yet hee denyes that there ever was, or that hee ever did, or could raiſe a ſufficient Garriſon to defend and maintaine that city againſt all the power of the Enemy, that might or did come againſt it, for the ſpace of three moneths or more, or for mHis coſts and care in fortifying were ill beſtowed, if the Town and Caſtle after all this expence, having a Garriſon of 2300 men in them were not tenable three dayes ſpace.three dayes, or that hee did nThe contrary was proved by divers witneſſes.undertake or promiſe to any Gentlemen or Inhabitants of the ſame, to keep it for ſo long ſpace, in caſe that they ſhould be beſieged.
4. To the fourth, He denieth, that he did deliver up the Citie or Caſtle of Briſtol, with all the Armes therein; or that hee did deliver the ſame up withall the Priſoners, Cannons Ammunition, &c. oIt is certain bee never had their conſents therto, and it was againſt their good will and liking, ſo far, that had Iuſtice been done hee had loſt his head for it.against the conſent of the Parliament, or his Excellency their Generall; or that he did deliver them up *All this appeared contrary by the proofes, and his Iudgement.Traiterouſly, cowardly, or diſhonourably, or contrary to any former promiſe of his, or contrary to his truſt or duty, to the extraordinary great danger, diſhonour, leſſe, or prejudice of the whole Kingdome and Parliament; and the evill example of other Governours, and Townes, upon pAll that ever read them deemed them ſuch.diſhonourable Articles, to which hee was no wayes neceſſitated; Or, that hee had no care to ſee the Articles agreed upon, punctually performed by the Enemy, when complaint was made to him for reliefe, to the great prejudice and impoveriſhing of the Inhabitants and Garriſon Souldiers there: But on the contrary, is ready to juſtifie, that over and above his former good ſervices, inqErgo, he removed him, and deemed it good ſervice. ſending away Col. Eſſex without diſorder or blood-ſhed, in diſcovering and preventing that wicked Conſpiracie, and preſerving the city thereby, notwithſtanding a Proclamation ſet forth of purpoſe by the King, wherein hee offered pardon to all, both Sculdiers, Citizens, and others (except himſelfe) within the City of Briſtoll, at that time in caſe they would peaceably yeeld up the ſaid City: And over and above, his great paines and care to put the City in as good a poſture of defence as poſſibly hee could; And notwithſtanding, he rOthers would gladly have undertaken it had be refuſed the place; and had hee certified his Excellency or the Parliament thus much before hand, they would never have committed a place of ſuch conſequence to him, who neither would nor could undertake to keep it.never undertook to make good the City or Caſtle, or either of them, declaring that he could not, nor would not undertake it; and that alſo he could never obtain a ſufficient Garriſon for the defence of that place for any conſiderable time, or moneys to maintaine it, or meanes to raiſe it; Yet hee did defend that Town and Caſtle to the sA ſtrang Paradox contradicted by that which followes.utmoſt point, not only of duty, but alſo of honour, that any Souldier could, or ought to have maintained the ſame: And that he ſurrendred them upon good and honourable conditions in reſpect to the ſtate hee was in: and that he did take all the care that any Governour could or ought to doe, that they might bee punctually performed, and that the breaking of them was not any fault of his but principally by the failing and unfaithfulneſſe of the Enemy, and partly by the diſobedience and diſorder of ſome of his Souldiers, all which hee is ready to juſtifie in every particular, Notwithſtanding that after the line or principall rampire of the Town was entred, and the Enemy lodged within it, he did ſurrender the Town and Caſtle, withall the Priſoners, Cannons, Ammunition, Artillery, Millitary proviſions, Magazins, Victuals, and part of the Armes therein tErgo, he held them not to the utmoſt point, not only of duty but a…ſo of honour, that any Souldier could or ought to have maintained the ſame.before the enemy had taken any of the Out-Forts about the ſame, or had made the leaſt aſſault or battery upon the Walls of the City, (which had none at all on that part againſt which the Enemy then lay, nor at all defenſible in any part on that ſide the Town) or upon the Walls of the Caſtle, or any mine or breach into any the Forts thereof: All which (nor the Caſtle) could not prevent, the Enemy being lodged in the Suburbs by Froome-Gate, from immediately entring the Town by force. And neither could, nor uThis clauſe to the end is a ſtrange Paradox, and ſhewes hee never had any intention to keep Town or Caſtle, but thought it his duty to ſurrender both.ought to have been kept in the condion that things then ſtood, to the prejudice of the City and Garriſon, and the ſurrender thereof upon termes of compoſition, but ought to have been ſurrendred together with it, as they were by the conſtant practice and pollicy of Warre in all places, the principles of juſtice and honeſty, and the rules of wiſdome and diſcretion for the honour, profit and beſt advantage of the Kingdome and Parliament.
5. To the fifth Article, he anſwereth, that hee did not of his owne head without the privity of any Counſell of Warre, ſend out for a Parley with the Enemy when the Officers and Souldiers adviſed and diſſwaded the contrary and would have repulſed the Enemy, and defended the City to the uttermoſt: And that the ſurrendring of the Town was not principally, or not at all could poſſibly be by his earneſt perſwation or advice, nor that it was by his advice nor cowardize, contrary to his truſt and duty to keep the ſame: But on the contrary, hee was adviſed to the Treaty by the farre major part, if not by the unanimous conſent of his whole Councell of Warre, and of the*There were but two Gentlemen preſent, one voted againſt it partly, the other gave no vote at all. Gentlemen there preſent, unleſſe it were Mr. Strood (who alſo to the remembrance of many preſent, was not heard to give any diſſent when the queſtion was put; and all that he ſaid, tended only to a deferring rather then a denyall of the Treaty, without any good reaſon, that he either then did, or yet can give for his opinion; and that by many expreſſions and other cleare evidences, it did at the time of the firſt propoſition of the Treaty appeare, that Col. Fiennes had for his principall cyme therein, the wIf he can make any wiſe man but himſelf believe theſe palpable abſurdities, and experimentall untruths, hee may deſerve his pardon, for ſo good a piece of ſervice, to the honour and beſt advantage (as he ſaith) of the Kingdom and Parliament.honour and advantage of thoſe by whom he was intruſted; And hee doth deny that when the Councell of Warre unanimouſly voted upon the Parly, that it was neither ſafe nor honourable for them to depart the Town, unleſſe they might March thence with halfe their Armes at leaſt, and their Colours, did thereupon offer ſome private conference with Col. Gerrad one of the Enemies Commiſſioners in the Garden without the privity, and contrary to the Vote of the ſaid Councell, make and inſert the ſaid Article, that they ſhould leave all their Cannons, and Ammunition, with their Armes and Colours behinde them, and returning to them out of the Garden, told them plainly, that they ſhould now deliver up all to the Enemy, or that it was expreſſed in the Articles he then produced, that they ſhould leave their Arms & Colours behind them, to the ſaid Councels and Souldiers great diſcontent: But on the contrary, he doth affirme, and will juſtifie, that he bid the Souldiers make conditions for themſelves, the Gentlemen of the Countrey for themſelves, and the Citizens for themſelves, which was done accordingly: And after, whenupon the Treaty, the Gentlemen of the Countrey, and Citizens were ſatisfied with their demands; Colonell Fiennes was the firſt and the chiefe, if not the only man that took exception at the condition for the Souldiers; the Commiſſioners of the Enemy ſtanding upon it, that they would allow only the Officers their horſes and Armes; and he on the other ſide ſtanding as peremptorily for all their horſes, Armes, and Colours: whereupon he was about to break off the parley, and the Commiſſioners of the Enemy ready to return to the Army, but by the earneſt perſwaſion of the *No ſuch thing proved, and if it were, it ſeems he had more care to ſatifie the Citizens requeſts (who were for the moſt part Malignants, as he averred) then to obey the Parliaments commands, or preſerve the Kingdom.Mayor and Citizens, the Commiſſioners of the Enemy were perſwaded to walk into the Garden, and to leave us at the Councell of Warre to debate amongſt our ſelves concerning that point of the Armes and Collours: Whereupon Col. Fiennes ſtood very ſtifly, till at length he was perſwaded by the Councell of Warre to reſt ſatisfied with halfe Armes, and our Colours, if we could obtaine them; whereunto Col. Fiennes expreſſed a great deale of reſolution to adhere, and he had done it to the end, had the Souldiers upon their Guards done their parts as well as hee did, but returning into the Garden with this reſolution, many of his Officers following him, and it being free for any to enter, openly and before the Mayor and divers of his Officers, hee began to inſiſt upon his former propoſitions for all his Armes and Colours; whereupon they yeelded that our Troopers ſhould have their horſes and ſwords, and then Col. Fiennes deſcended to the propoſitions of half Armes and our Colours, but being not able to obtaine it, hee yeelded ſo farre to the entreaty of the Mayor and Citizens, that hee would not break upon that point of his own head without the advice of his Officers; and thereupon withdrawing into a room, with all his Officers that were there preſent, he debated the matter a good while with them, and could not bee brought to yeeld thereunto, till ſix or ſeven of his Officers came out of the Town and told him, that they could not get ſix men a piece of their Companies together, and that they ran was faſt over the Key to the Enemy: whereupon although with much reluctancy he content to yeeld to that condition, for fear of putting our ſelves into a farre worſe condition; and after calling in the Commiſſioners of the Enemy, we fell to ſet down all the Articles in writing, there being liberty left to any man to take his exception upon the penning of them: At which time Captain Birch comming in, & deſiring a more cleare expreſſion for the Citizens and Inhabitants to have liberty to carry away their Eſtates, which Col. Gerrard bogling at, Col. Fynnes roſe up, and with great earneſtneſſe proteſted, That he would xBut hee would not die or venter his life to keep the Citie for the Parliament, and provide for the Kingdomes ſafetie.rather die then not provide for his friends and their Estates as well Citizens as Souldiers: Whereupon Col. Gerrard conſented to it, and it was further expreſſed, that they ſhould have three dayes liberty to reſolve, whether they would ſtay or depart with their goods; and the laſt Article was no new Article inſerted at the latter end, but only a cleere expreſſion of what was before agreed upon and fully conteyned in the firſt Article, as by the Article it ſelfe doth appeare. And laſtly, Col. Fiennes doth deny, that hee was ſo over-haſty to ſurrender up the Town and Caſtle, that he delivered them up to the Enemy one houre or more before the time agreed, or that he ſuffered the Enemy to enter and poſſeſſe them before the Souldiers were marched out. But on the contrary, that he gave order to all his Officers that came to him for Orders, to keepe their Souldiers upon their Guards, untill one houre before we were to March out of the Town; at which time having given order to his Captaine Lieutenant Stokes with his Company to ſtay in the Caſtle, and to keep it till Prince Rupert ſent to demand it, and then to deliver it up unto him according to the Articles, hee gave order to the reſt of his Officers to draw their men into the Marſh, whether he did repaire unto them, and about nine of the clock marched out with the greateſt part of them to the Gate which leadeth to Warminſter, where hee ſtayed within the Town for an houre or two after: But the Enemy did enter the Town yThrough his own default, feare and permiſſion.contrary to their faith, and the Articles agreed upon an houre or more before nine of the clock, about the time that wee were drawing off to a Randevous, and fell upon our men, diſarming, diſmounting and pillaging them, by meanes whereof and by no fault of Col. Fiennes, many both Souldiers and Citizens were pillaged and plundered.
6. To the ſixth, he acknowledgeth and owneth the clauſe mentioned to be in his printed Relation, and that the Enemy having entred in one place on wedneſday morning the 26. of Iuly, were valliantly repulſed in all places elſe with great loſſe; but doth deny, that to his knowledge any women made any ſuch offer as in the Articles is expreſſed, or that he ſhould have thought it a fit meanes to dead the Cannon bullets, or that any ſuch ſpeeches were given out, or any ſuch Actions done by any Inhabitants or Souldiers to his knowledge, as that they brake their Armes, and ſaid they were betrayed; or that he would have ſuffered them unpuniſhed, if he had heard or known any ſuch thing: And for the reſt of the Article he denyeth it in the whole, and in every part thereof; and on the contray affirmeth, and is ready to prove, that during the whole ſiege, hee did bot by his words and actions encourage the Souldiers and Officers to doe their duty, thanking ſome, prayſing others, ſtirring up others, ſending them bread, wine, victualls, and giving them monyes, and promiſing them further rewards, but eſpecially by his owne Example, going conſtantly the round at all houres of the night, ſometimes in the beginning of the night, and ſometimes in the latter end thereof, and repairing upon all occaſions to the places of moſt danger, and ſtanding moſt uſually with his Troop in the place of greateſt danger, and by all other wayes and meanes that could be expected from any Governour. And he further affirmeth, that 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*The only neglect was in himſe…fe, not in Col. Stephens or his Major who would have beaten them out. 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,zIt was above three or foure houres before any more entred by his own witneſſes confeſſion, they entred a little after three, and the ſally was not till 11, or 12, ſeven or eight houres after the firſt entry. 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†By his ſpeciall command upon paine of death. 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 *He went forth in the ſally and was wounded; and had his advice been followed the Town had been ſaved, and the Enemy cut off.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†He was without faith, hope, or tryall. 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*His diſorderly calling them off the Line, and not imploying them for foure houres ſpace, when called off was the cauſe of their d…ſerting their Colours. 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 aThis is a very probable flory which manifeſts both himſelf, and his brother to be negligent, indiſcreet, unskilfull Governours, not fit for ſuch a charge: Orrather ſhews that they concealed their flores from the Councel of war, to induce them to ſurrender the Town upon this miſinformation.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 thereof, and that there was not above three or foure hundred waight of Match, and between 20 and 30 barrels of Powder (as indeed he knew of no more;) and that they were ſpending of that too: whereby (as by like ſpeeches of the Master-Gunner to the like purpoſe bBut why did he not ſend for the Gunner to the Councell, to know the truth, but adjourned this enquirie t…ll after the Townes ſurrender, and his comming to London, if there were no treacherie in the buſineſſe?Colonell Fiennes did beleeve he had broken up his reſerve, and that he was ſpending of that alſo, and that there was not above twenty barrells of Powder left, and did not cHe deſerved to die for his negligence here confeſſed.certainly know the contrary, till ſuch time as he was come to London, and had particularly informed himſelf by Mr Hazard of the truth; and that the enemy knew not of more powder in the caſtle then dCapt. Buſhell, the ſame night the Articles were agreed on, being a priſoner in the caſtle, brake up the Magazine doore, and ſound no leſſe then 70 French barrels of powder, which make 140. of ours: and therefore this is a loud untruth.twenty barrells for divers weeks after the ſurrender of the towne, he is *But did it not.able to prove. And laſtly, he doth affirm, that Sir William Waller was ſo far from needing to be ſtirred up to depart the towne, that on Friday, the day after he came to Briſtoll, commanding ſome of his Officers to draw forth ſome of their men into the Marſh, and they conceiving that it would not be poſſible to doe it till the next morning, he replied, that then it might be too late: and the next day drawing them out upon Durdam Downe, where Colonell Fiennes there asked, in caſe the enemy ſhould advance towards Briſtoll, how he would diſpoſe of himſelfe and his horſe; he anſwered, that he muſt retreat: And it is evident in many reſpects, that it was neceſſary for him to draw out of the towne; for it is moſt likely, that had he not done it, the town would have been leftaNote what aſperſions be here caſt upon Sir William. ſooner then it was, and the diſhonour and loſſe of the State been greater; and that if he had when he firſt came to Briſtoll followed the advice given him by Colonell Fiennes and his Officers, or done according as he promiſed Colonell Fiennes when he took his leave of him, he would have done better ſervice, both for the preſervation of that city, and the reſt of England, then by the courſe he tooke: all which he is ready to prove and juſtifie.
To the eighth Article, he doth deny that there were 60 barrells of Powder in the caſtle when it was ſurrendred, Reader, obſerve the Anſwer to this Article, and then judge of him that made it as thou feeſt cauſe.or that he did promiſe to any inhabitant of the city to defend the ſame, but in caſe he was forced to retreat into it; nor any longer then he thought fit, for the honour and beſt advantage of them by whom he was intruſted; or that there was in it all manner of proviſion and victuals ſufficient to maintaine one thouſand men for three moneths ſpace; or that he delivered up the keyes of the caſtle before the houre agreed on in the Article; or that by reaſon thereof many inhabitants of the city, or any other perſon whatſoever, had their eſtates which they brought into the caſtle ſeized upon: But on the contrary he affirmeth, that there were butaThis was 20 more then Maſſie had when Gloceſter was firſt be ſieged. fifty barrels in the caſtle when it was ſurrendred, and that was thirty more then either*And doe not ſuch a Governor and Councell deſerve to ſuffer for ſuch a wilfull ignorance of their ſto…s, that would firſt ſurrender the Citie and Caſtle to the enemy and then come to London to enquire what ſtores they had at Briſtoll when they yeelded it? Certainly if there were not treacherie, there muſt be much Folly in ſuch an affected ignorance. he or his Councell of Warre knew of before they came to London; and that therewith he was leſſe able to defend the Towne foure dayes, or the caſtle 14 dayes, then Gloceſter might with the like proportion be defended 24 dayes: That there were about eleven cannons mounted in and about the caſtle, and that there was need of more, to ſupply the many defects and univerſall weakneſſe thereof; but that there was never an one amongst them all, or in the towne, fit for battery, or to hinder the approach of the enemy in any effectuall way; but he had ſent to London for three to that purpoſe, and that they were at hand, but not yet come to him: that although he had*Was not this a ſweet Governour, that proſeſſeth he had no more cbarge of his chiefeſt Fort, then of any houſe in the Towne? no charge of the caſtle, more then of any houſe in the towne, nor was obliged to hold it further then he judged it for the good of the publike, yet he did reſolve to make uſe of it for the advantage of the State, and of their friends and ſouldiers; as alſo he did, by making the termes of compoſition the better by the countenance thereof, which was the beſt uſe he could make of it in that condition he was in, and would have beene as ready to have done it by the defence thereof, if he had beene forced thereunto, or that it had been fit in wiſdome and juſtice to have taken this courſe, as if ſuccours had been at hand, and in ſome other caſes, it might have been: And for this, and divers *Quaere what thoſe were, if not to keep it againſt the enemyother reaſons, he did take ſome pains, and was at ſome coſt, for the ſtrengthning of it, and furniſhing of it with great and ſmall ſhot, and Granado's, and proviſion of victuals, and other neceſſaries, whereof what was the quantity of each ſort he is aHe was then very careleſſe, if ignorant of his ſiores.uncertain, but is certain that none was imployed but where there was occaſion, nor ſhould have been ſpared if there had beene occaſion to uſe them: but doth affirme that he never gave order to the Commiſſary of victualls, to make proviſion of victualls for more then one thouſand men for a monethmonth, wherein he aimed at a double proportion to what he thought he ſhould have need of; or that he ever hoped to keep the caſtle for more then a*Ergo he yeelded it up before extremitie, when he held it not three whole daies, and yeelded it before one ſhot was made againſt it, or approach towards it, or retreat into it. fortnight, on three weeks at the ſartheſt: That he was content, for divers good reaſons, to ſuffer the best affected perſons to carry into the caſtle ſome of their principall goods, but was very angry when he ſaw them offer to carry in their lumber, and ſtraitly forbad it: That ſpeciall Article was made for them that carried in their goods, that they might have free liberty to carry them out at leiſure: That the Citizens themſelves being divers of them upon the guard in the caſtle, that had their goods there, made ſuch haſte to get them out on Thurſday morning, that leaving their guards, and Major Wood and others that had charge of the ſouldiers in the caſtle, ſuffering their ſouldiers to goe from their guards without and againſt order, the paſſage into the caſtle was ſo thronged, that none could paſſe in nor out, and by that meanes ſome of the priſoners got looſe in the castle, and grew diſorderly, and ſome of the enemiescThis is formerly denied. got in before the time; but Colonell Fiennes comming thither, and ſeeing this diſorder, with his ſword in his hand beat back the people that thronged the draw-bridge, drew up the bridge, and got ſome of his ſouldiers to their guards again, put their Armes into their hands, and had drawne all his ſouldiers into it, had he not received Newes while he was doing this, that the enemy was broken into the Towne, contrary to the Articles, and were diſmounting, d…ſarming, and pillaging our men: Whereupon he gave order unto his Captain Lievtenant Stokes, to keep the Caſtle with his Company, and to deliver it up to Prince Rupert when he ſent to demand it, and was forced himſelfe to goe into the Marſh with Captain Teringham, one of the enemies hoſtages, with him, for the ſafeguard of his ſouldiers, both Horſe and Foot, and of his friends in the Towne, as is expreſſed in anſwer to the fifth Article. And laſtly, he doth affirme, and will juſtifie, that the caſtle was in no ſort tenable, neither in reſpect of the ſtrength thereof, or of the*It had above three moneths proviſion, in half which time it would have been releeved. proviſion wherewith it was furniſhed, for one quarter of the ſpace, wherein poſſibly he could have had ſuccours, nor for halfe the quarter of the time where in poſſibility he could have expected them: And thatdNote this, which proves that were it tenable, yet he was reſolved to ſurrender it together with the Citie: And is not this a confeſsion both of his treachery and cowardize? if it had been tenable, yet neither by the conſtant practice or Maximes of War in all places, nor by the Rules of honeſty or Chriſtianity, that he ought to have held the ſame; or that it had been for the honour and advantage of thoſe by whom he was intruſted ſo to have done; and therefore ought to ſurrender it together with the Towne, without disputing it at all, as he did.
To the ninth, he denieth that he hath done any diſhonourable action, or that he hath ſaid or done any thing amiſſe, or unduly, or untruly, in the juſtification which he made of the ſurrender of the city and caſtle of Bristoll in the honourable Houſe of Commons, or any other wayes. And the reſt of the Article he denieth in the whole, and in every part thereof; and doth affirmt, and doubteth not but to make appeare to any that are verſt in Military affaires, that without detracting any thing from the worthy Governour, who did as much as the enemy put him to, and as honourably as any man could doe, that he had a harder taske to hold Briſtoll in the condition it was in,A prettie riddle: Why then did he ſay he would l…ſe his head, if Maſſie could hold it two daies if the Kings Forces came before it? and in the manner that it was aſſaulted, foure dayes, then Colonell Maſſie had to defend Gloceſter four weeks: and that he was ſo farre from declaring that Gloceſter could not hold out three dayes, that he often declared, that if they had Ammunition enough, they might doe well enough, and hold out till reliefe came to them; but oft he feared they might be ſtrained therein, as having good cauſe to know it, for had he not ſupplied them with 10 barrels of powder, and had they not had two or three more out of Barckly caſtle, which he ſent thither but a week or two before, the towne had been loſt for want of powder; and in this reſpect he deſired thoſe whom it concerned, to relieve them, not to be too confident of their holding out, and to haſten reliefe unto them, ſo far was he from deſiring to hinder reliefe to be ſent unto them, that it might be loſt as Briſtoll was.
To the tenth he anſwereth, that it is an Article without a charge, an argument without a proofe;10. for that the teſtimony of the enemy can make nothing againſt him, it being their parts to*Never with their owne diſparagement; but ever enemies make their conqueſts as difficult as may be, to adde to their owne valour and honour. diſhonour and diſgrace their enemies as much as they can; but the teſtimony of an enemy, though it be of no validity againſt him, yet it is ſtrong for him: and as he doth deny, that thoſe that are ſouldiers on the enemies ſide have any ſuch ſenſe of the action, ſo he doth affirme that they had and have expreſſed the contrary.
This is a true compared copy of Colonell Fiennes Anſwer to the Articles, which the Proſecutors copied out of the Originall at Saint Albans by degrees, as they had leiſure. Which Anſwer is ſo full of untruths, abſurdities, contradictions, evaſions, paradoxes, and apparent diſcoveries both of negligence, treachery, cowardize, in the ſurrender of Briſtoll, as it alone (without further evidence) had been ſufficient to condemne him.