Relation of the Prosecution of Nathaniel Fiennes, Trial proceedings · Floating text 6
Articles of Accuſation and Impeachment againſt Colonell Nathaniel Fiennes, late Governour of the City and Caſtle of Briſtoll, touching his diſhonourable ſurrender thereof to the enemy, contrary to his Truſt and Duty, exhibited by Clement Walker, and William Prynne Eſquires, in the behalfe of the Common-wealth of England.
1. IN primis, That he the ſaid Colonell Nathaniel Fiennes, did ſuddenly apprehend, impriſon, and remove Colonell Thomas Eſſex, late Governour of the ſaid City and Caſtle, from his government there, upon pretence that hee intended to deliver up the ſame (not then fully fortified, or ſufficiently provided to withſtand any long ſiege) into the hands of the common enemies of the Kingdome and Parliament, contrary to the truſt repoſed in him; and that hereupon, hee the ſaid Col. Fiennes obtained the government of the ſaid City and Caſtle for himſelfe, and undertooke to defend and keep the ſame, to the uttermoſt extremity againſt the ſaid enemy, for the uſe of the King and Parliament, and not to ſurrender the ſaid City and Caſtle, or either of them to the ſaid enemies, or to any other perſon whatſoever, without the previous conſent and order of the Parliament.
2. Item, That the ſaid Colonel, ſoone after hee became Governour of the ſaid City and Caſtle, did by Martiall law, apprehend, condemne and execuse ſome chiefe Citizens thereof; Namely, Maſter Yeomans, Maſter Butcher, and others, onelyonly for intending to deliver up the ſame to Prince Rupert, when he came firſt before Briſtoll, (not then fully fortified and ſtored) though they did not actually ſurrender the ſame.
3. Item, That he the ſaid Colonel did put the Parliament, Kingdom, Countrey, and City, to a vaſt expence in fortifying and furniſhing it, and the Caſtle thereof with Forts, Sconces, Canons, Ammunition, Armes, Victualls, Proviſions of all ſorts, and with Garriſons ſufficiently able to defend and mantain the ſame for Three moneths ſpace or more, againſt all the power of the Enemies, that might or did come againſt the ſame; and did likewiſe promiſe and undertake to divers Gentlemen and Inhabitants thereof, to defend the ſame for ſo long ſpace or more, in caſe they ſhould be beſieged.
4. Item, That he the ſaid Colonell, notwithſtanding the premiſſes, when the enemy came before the ſaid City and Caſtle, with no extraordinary Forces or Ammunition able to force the ſame, and beſieged them not above three dayes at the moſt, did before ever the enemy had taken any of the out. Forts, or Sconces about the ſame; or had made ſo much as the leaſt battery or aſſault upon the walls of the ſaid City or Caſtle, or any myne or breach into any of the Forts thereof, contrary to his former truſt, promiſes, duty, and the honour of a Souldier, moſt diſhonourably, cowardly, and traiterouſly delivered up the ſaid City and Caſtle, with all the Priſoners, Canons, Ammunition, Artillery, Armes, Military Proviſions, Magazines, Victualls therein, and the very Colours 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 ownaSee p. 7. and his Letter to his Excellency printed Relation, with the loſſe onelyonly 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 theybSee his own Relation, p. 8. 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†Page 9. and his Letter to his Excellency Relation to defend it) contray to his promiſe made to divers Inhabitants of the ſaid City, beſt affected to the Parliament, to defend the ſame to the uttermoſt, and to diſpute every foot thereof with the Enemy, and to keep it, or to lay his bones therein; who thereupon ſent their Eſtates, with proviſions for them and their families, for three months ſpace or more, into the ſaid Caſtle, where the ſaid Colonell promiſed to ſecure and defend the ſame, moſt of which their Eſtates, were there ſeized on by the Enemy to their undoing; by reaſon the ſaid Colonell admitted the Enemies into the ſaid caſtle, and delivered up the keyes thereof unto them, before the houre agreed on in the Articles, ſuch was his extraordinary haſte to quit the ſame.
9 Item, That the ſaid Colonell, to aggravate this his diſhonourable action, hath preſumed to juſtifie the ſame, not onelyonly before the Honourable Houſe of Commons, by word of mouth; but likewiſe before the whole Kingdome and world in Printed*Relation p 9. his Letter to his Excellency, and Reply to Mr Walker. Relations and Letters, wherein he hath laid an extraordinary great Blemiſh both upon the Honourable Houſes of Parliament, and his Excellence the Earl of Eſſex, their L. General, by publiſhing in Print, that had he manfully held out the ſaid city and caſtle to the laſt, yet he could not have expected any reliefe from them in ſix or eight weekes ſpace at the leaſt; when as Gloceſter ſince Beſieged with far greater force then Briſtoll, was yet relieved by them in leſſe then halfe the time (as Briſtoli doubtleſſe might and would have beene) and held out a full moneths ſiege or more, as Briſtoll might have done: though he the ſaid Colonell to add to his former offence, and hinder or anticipate the relief of Gloceſter, that it might be loſt as Briſtoll was, gave out in ſpeeches to ſome Members of the houſe of Commons and others, and namely to Maſter Samuel Browne, and Maſter Iohn Sedgwick, that he would loſe his head, or be hanged, if Gloceſter could or would hold out three dayes ſiege, if the Enemy once came before it, or words to the like effect.
10 Item, That the ſaid city and caſtle were ſo cowardly and unworthily delivered up to the Enemies, that they have ſince publiſhed in*Mercurius Anlicus, Aug. 7. p. 421. 422. Print, and given out in ſpeeches, that the ſaid Colonell Fiennes did beſtow the ſame upon his Majeſty, that they were delivered up to them beyond their expectation, and that they could not have taken the ſame had it been defended by the Governour, who eventually at leaſt if not intentionally, did but ſtrongly fortifie, and plentifully ſtore the ſame, with all manner of proviſions to make it Tenable, at the Kingdoms and the Countreys extraordinary expence, to render up the ſame to the Enemies with greater advantage to them, and far more prejudice and dammage to the Common-wealth, as ſoon as it was made defenſible.
Clement Walker. William Prynne.