Relation of the Prosecution of Nathaniel Fiennes, Catalogue of witnesses

Relation of the Prosecution of Nathaniel Fiennes · Catalogue of witnesses

p. 1A 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 onelyonly 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: M^r 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 onelyonly 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 … p. 2him to take the opportunity of a ſhip that was then going out, to tranſport them to London; He replyed**Artic. 7. 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**Artic. 4. 6. Yet he prints in his Relation p. 9. that Mr. Stephens the deponent was preſent at a Counſell of Warre which conſented to a Parly. 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 Deponent came to the Governour, but that Gate being barred, they were faine to come in another way; this Deponent averreth, that he was not preſent at any Counſell of Warre, to conſult whether a Treaty ſhould he held with the enemy or not.

Edw. Stephens.

The Teſtimony of Edward Baynton Eſq. a Member of the Houſe of Commons, delivered both in writing, and perſonally upon Oath at the Counſell.

About three weekes or a monethmonth ſince, Captaine Buſhell (ſometime a Captaine in the Kings Army) and a Priſoner in Briſtoll Caſtle at the time of the ſurrender of the ſaid City and Caſtle, told me in the Fleet-Taverne in Covingarden (at which time divers other Gentlemen were in our company;) That when he heard the Governour Colonell Nathaniel Fiennes had agreed unto Articles for the ſurrender of the Towne and Caſtle of Briſtoll, he inquired of p. 3very many what the Articles were, but could not be informed by any; wherefore having cauſe to ſuſpect that they were not publiſhed, he forth with repaired unto Colonell Nathaniell Fiennes the aforeſaid Governour (whom he found with his brother telling of money, Artic. 4. 6.trembling and quaking, and in ſuch a fright as he never ſaw man in all his liſe) and told him, that he heard he had concluded on Articles for the ſurrender of the ſaid City and Caſtle, and asked him whether it was true? to whom Colonell Nathaniell Fiennes anſwered, it was true; then Captaine Buſhell asked him, why he did not publiſh the ſaid Articles, that ſo both ſouldiers and Towneſ-men might know what they had to truſt unto? Captaine Buſhell then ſaid unto Colonell Nathaniell Fiennes, Sir; If you pleaſe I will be ready to doe you the ſervice to publiſh the Articles for you; where-upon the ſaid Colonell trembling and quaking, delivered to Captaine Buſhell the Articles, that he might publiſh them in the ſtreete, and elſewhere up and downe the Towne.

Then I ſaid unto Captain Buſhell, here is great talk about London of the great quantity of Ammunition, & Victuall that was in Briſtoll Caſtle when it was ſurrendered, I deſire to heare ſomething from you concerning it. To which queſtion of mine Captaine Buſhell anſwered; Sir, I beleeve there is not any man can give you a more exact account of this then I can, for though the Keyes of the Caſtle and Magazine, according to the Articles of the ſurrender of the ſaid City and Caſtle, were delivered up to Prince Rupert, yet I doubting leaſt ſome lighted Matches might be left in the Magazine of powder, did breake open the doores of the ſaid Magazine, where I **Artic. 8.found 70. barrells of Powder; Then I asked him whether they were double Barrells? he ſaid, that they were commonly called by the name of French Barrells, and that they did hold as much as any two of our ordinary barrells. He ſaid further, that there were at the ſame time in the ſaid Magazine 140. bundles of Match, and that in the Caſtle there was Bullet anſwerable, with materialls to make more; he told me likewiſe, how many barrells of Beefe, how many Butts of Sack, and how many Tunne of Beere he found there, the number of which particulars I have now forgotten; but I remember, they ſeemed unto me to be a very vaſt proportion; for ſea Coales he ſaid, that he did beleeve there were enough to ſerve halfe London for a monethmonth: ſome other things he told me concerning Briſtoll, but not worth the mentioning: what I have here ſet downe, if it doth not containe in it the very words which Captain Buſhell ſpake unto me, I am certaine it containes the effect of them. Dated the 12. of Decemb. 1643.

Edward Baynton.

The Proſecutors could not meete with Captaine Buſhell himſelfe as they endeavoured, to have him examined upon Oath, during the Tryall, but he comming caſually to St. Albanes the very laſt day of the Hearing, aſſoone as the Counſell were riſen atteſted all the Premiſes, and much more, before divers of the Counſell, and offered to make Oath thereof.

p. 4The ſum of Col. Alexander-Pophams Teſtimonie, (a Member of the Commons Houſe) delivered Viva voce before the Councell.

That his taking of Sherborn was after**Article 4. 6. Colonell Fiennes had his Commiſſion to be Governour of Briſtoll: that he marched out of Briſtoll with his Regiment, to Sir William Waller, by Col. Fiennes his own Orders, as appeared by this Letter written to him with his own hand.

Sir,

YOu may pleaſe to march with your Regiment from hence to Bathe, where you are to attend upon Sir William Waller in this preſent Service, and to receive Orders from him from time to time, till you receive Order from my ſelf, or my Lord Generall for your returne unto this Garriſon.

Your aſſured friend and Servant, NATH. FIENNES. Briſtol July, 2. 1643.

That he conceived the Fortifications about the City and Caſtle of Briſtoll, to be very ſtrong and ſubſtantiall; that the Out-Forts and Caſtle commanded the City and Suburbs; that when the Enemie entred the Line, they could not enter the Town without great danger and difficulty, the Key being unfordable for horſe or foot at low-water, by reaſon of the deepneſſe of the mud, and at high-water by reaſon of the Tide. And that he complained to Col. Fiennes of Major Langriſt his Cowardize.

The effect of Col. Thomas Pury (a Member of the Houſe of Commons) his Teſtimony, delivered perſonally upon Oath before the Councell, and of Captain Parry.

That he was preſent in Gloceſter all the Siege thereof, ſoone after the ſurrender of Briſtoll, and was likewiſe in Briſtol but a little before its Seige and ſurrender, to buy Match and other proviſions for Gloceſter; where he found plenty of Match, Powder, Ammunition, proviſions of all ſorts, and the Garriſon and Workes far more ſtrong and tenable than thoſe of Gloceſter. That when Gloceſter was firſt beſieged, they had but 30. ſingle barrels of Powder, which with two barrels and a half they received from Barkley Caſtle, and the Powder they made during the ſiege, (which was about 4. or 5. barrels a week, they ſetting up divers Powder Mills to provide what quantity they could) amounted in all but to 50. ſingle barrels, with which they maintained the Siege, notwithſtanding their frequent ſallies, againſt a far greater power of the Enemy then came before Briſtol, for 31. dayes, having but half a barrell of powder left, when his Excellencie relieved them; and yet the buſineſſe was carried ſo diſcreetly, that none but the Governour and himſelf (who had the care and providing of moſt of the Proviſions and Ammunition) knew their Powder was ſo neere ſpent; That they were all reſolved when their powder was al gone, to hold it out to the laſt, and rather to dye and burn the Town when they could keep it no longer, than ſurrender it; That they had not above 7. or 8. Peeces of Canon in the p. 5Town, and thoſe very ſmall; but 1500. Souldiers of all ſorts, Club-men and Armed, who were conſtantly upon duty day & night al the Siege, they having no reſerves nor ſpare men to relieve one another: That their Workes were about 3. miles in compaſſe and far weaker than thoſe of Briſtol, where they were ſtrongeſt; and that for want of men they were enforced voluntarily to quit the Vineyard, one of their ſtrongeſt Out-Workes; which the Enemie thereupon tooke poſſeſſion of, to their great diſadvantage. He farther depoſed, that the Enemie (as they were certainely informed) had moſt of the Powder, Bullet and Ammunition they ſpent at the Siege of Gloceſter from Briſtol, which was brought from thence by water. And that he being in London ſoon after the Siege of Gloceſter, Colonell Fiennes entring into diſcourſe with him concerning the Siege thereof, amongſt other things, demanded of him, How many barrels of Powder they had when the Enemie came firſt before the Town? He anſwered, That they had onelyonly 30. ſingle barrels; which Colonell Fiennes much wondring at, demanded of him,Nota. How they durſt adventure or could think to hold out the Town againſt the Kings Forces, when they had but 30. barrels? To whom he replyed to this effect, That they being all reſolved to hold it out to the laſt, and not to quit the Town upon any Termes, did not much trouble themſelves to conſider how little powder they had, but how they might ſpend what they had to the beſt advantage. Then Col. Fiennes demanded of him, How much Powder they had left when the Town was releeved by his Excellencie? To which he replyed, onelyonly halfe a barrell. Colonell Fiennes asked, How they durſt hold out ſo long and not parly, when all their powder was ſo neere ſpent? or uſed words to this effect. To which he gave anſwer, That they reſolved to hold it as long as they could, and rather to dye than quit it, after they had ſpent all their Powder, and therefore they thought not of yeelding whiles they had any left: He farther atteſted upon Oath, That the Printed Relation of the moſt materiall paſſages that happened in the Siege of Glocester, ſet forth by Iohn Dorney Eſquire, (who married his daughter) was true, except only in the number of the barrels of powder; which were but thirty, when the Siege began, and but fifty in all during the whole Siege, (not half ſo many as were in the Caſtle of Briſtoll when ſurrendred.)

The ſmall quantity of Powder, Ammunition, Canon, and Number of Souldiers, during the Siege of Gloceſter, the circumference and weakeneſſe of the Workes, and want of reſerves to relieve their men, who were conſtantly upon duty day and night, during all the Siege of Gloceſter, was likewiſe atteſted upon Oath by Captaine Parry, who agreed with Colonell Pury in all theſe.

The ſubſtance of the Teſtimony of Samuel Browne Eſq a Member of the Houſe of Commons, delivered perſonally upon Oath before the Councell.

That Colonell Fiennes ſoone after his comming from Briſtoll having conference with him concerning the ſurrender thereof, and likewiſe concerning Gloceſter, told him. That **Article.he verily beleeved, or was certaine, that Gloceſter could not hold out many dayes (and as he remembred he ſaid, not above 3. or 4. dayes) if the Kings Forces came before it: of the which words he tooke the leſſe p. 6notice becauſe he never thought he ſhould have been called to atteſt them, and that he told Col. Fiennes of Gomines and Weſtons caſe.

Maſter Iohn Sedgwick the Miniſter who dyed before the tryall, would have atteſted upon Oath,Artic. 9. had he lived, That Colonell Fiennes the ſame day he came to London told him, he vvould be hanged, or loſe his head of Gloceſter would, or could hold out one day if the Kings forces once came before it.

Iohn Stephens Eſquire, his Depoſition, Decemb. 12. 1643. afterwards atteſted viva voce.

I Iohn Stephens, Artic. 9. This was the Defendants chief Officer and witneſſe, of whoſe judgement you have here a taſt.of the Middle Temple, Eſquire, atteſt upon my Oath, That * Serjeant Major Clifton (who as I heare was afterwards Lieutenant Colonell to Col. Nathaniell Fiennes, late Governour of Briſtoll) did within one or two daies after the ſaid Nathaniell Fiennes came to London from Briſtoll, ſay in my hearing, in the Court of Requeſts at Weſtminſter, That he did not beleeve, or conceive it poſſible, for the City of Gloceſter to hold out three daies, if it vvere once beſieged by the enemy, as it vvas then like to be.

The Teſtimony of Colonell Ewdard Cooke, delivered in writing.

I Colonell Edward Cooke, Artic. 7.doe atteſt that Colonell Nathanell Fiennes, late Governour of Briſtoll, in his owne Lodging there, conſulting with ſome of his owne Officers, tooke me aſide, and privately demanded of me, what were ſir William Wallers Reſolutions?

I anſwered, that it was not certaine, but beleeved his intents were, to venter his life in the defence of that City, if the enemy advanced thither: whereupon the ſaid Colonell Nathaniell Fiennes imparted to me as his opinion, that the ſaid Reſolution of ſir William Waller would be of ill conſequence upon theſe grounds; his forces conſiſted chiefly of Horſe, his men abated in courage, his horſe in fleſh by his ſad fortune at the Deviſes, nor was that Country (conſiſting of Incloſures) advantagious for horſe ſervice, the enemy being poſſeſt of Bathe, ſo that his chiefe forces being horſe, would not onelyonly be uſeleſſe, but alſo hurtfull, by conſuming the City proviſions: He further ſaid, he foreſaw this inconvenience, that though his modeſty would reſtraine him from commanding ſir William Waller, yet his independency upon ſir William Waller muſt inforce him the ſaid Colonell Fiennes to iſſue forth all Orders in that Garriſon; whereupon I adviſed the ſaid Colonell Fiennes to impart the ſaid Reaſons to ſir William Waller; but the ſaid Colonell Fiennes deſired me to impart them to ſir William in his behalfe, which I did; and theſe Reaſons from Colonell Nathaniell Fiennes occaſioned the firſt debate of ſir William Wallers march from Briſtoll; much to this purpoſe (though not ſo fully) was the Argument of Colonell Iohn Fiennes, and Lieutenant Colonell Clifton. I further remember, ſir William Waller (amongſt other opinions,) declaring his adviſe to the ſaid Colonell Nathaniell Fiennes, for removing the Priſoners from Briſtoll to another place of ſafety, the ſaid Colonell Nathaniell Fiennes anſwered him, he would keepe them to better p. 7his condition with, if the enemy came before the Towne. This is the effect of what I heard and remember, and this accordingly I affirme upon my Oath.

Edward Cooke.

The Depoſition of Colonell Thomas Stephens, taken before the Judge Advocate.

I Colonell Thomas Stephens affirme on Oath, That Colonell Nathaniell Fiennes did divers times ſay; * Artic. 4, 5, 6, 7, 8.he conceived the Towne and Caſtle of Briſtoll was Tenable, and did not doubt to keepe them, if he might have reliefe in any convenient time; for the obtaining of which, he diſpatched Lieutenant Col. Baker to my Lord Generall, and in the meane time endeavoured the increaſe of his men, and making up the workes, and the victualling of the Caſtle; the Caſtle was well victualled, not any (as I could learne) came in that brought not a fortnights proviſion; there were in the Towne and Caſtle, and at the Workes and Forts, 2000. men and Armes, (as I verily beleeve) beſides 300. horſe: in this condition the enemy found us, who ſhewed themſelves before the Tovvne the 23th of Iuly, but aſſaulted not the Tovvne till the 25th. day in the morning, vvhere they vvere repulſed vvith ſome loſſe: the next morning being the 26th. they furiouſly aſſaulted the City on both ſides, but vvere every vvhere repulſed vvith great loſſe, except at one place, vvhere entred about 200. or 300. of the enemy, the Line being imperfect, and a vveake Guard, onelyonly 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,Artic. 4, 5, 6, 8. 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 p. 8Tovvn, 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, Nota.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 monethmonth 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, Nota.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**Which were all ſurrendred. 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**This Sir Iohn himſelf confeſſed on his Oath before the Councell. Nota. 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 … p. 9the 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;Artic, 4. 6. 8. 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:Artic. 3, 4, 5, 6, 8. 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 p. 10ſhot) 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;Nota. 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, (vvhichwhich 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;Nota. * 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;Nota. 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; Nota.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 p. 11as 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 diſcerne) wholly put every man to ſhift for himſelfe; and neglected performing conditions, cauſing Guards to be kept at Forts or other places, and ſuffering many of the enemy to enter the Town, inſomuch that betwixt thoſe that entred, and the priſoners that were let out of the Caſtle (long before they ought to have been by their conditions) many of us were miſerably abuſed both in the Towne and Caſtle, and wholly left to the mercileſſe cruelties of the enemies. At this time the ill-affected had a faire opportunity to ſhew and revenge themſelves, yet notwithſtanding, I never knew that in all the time either during the ſiege, or after it, they made any commotion to hinder us, but we were afforded by the Inhabitants very much aſſiſtance both by their perſons and Armes.Nota. * The Caſtle was a very large ſtrong Hold, fortified with a very broad deepe ditch, or graft, in part wet and dry, having a very good Well in it: the Caſtle ſtood upon a lofty ſteepe mount, that was not Minable, as Lieutenant Col. Clifton informed me, for he ſaid the mount whereon the Caſtle ſtood was of an earthly ſubſtance for a certaine depth, but below that a firme ſtrong Rocke, and that he had ſearched purpoſely with an Awgor and found it ſo in all parts; the foote of the Caſtle upon a Mount or Rampart was fortified with a gallant Parrapet well flanking, which with its well ſcraping muſt needs ſtrengthen it from battering, the Parrapet at the baſe being as I gheſſe twelve foote thicke, the Walls of the Caſtle were very high, well repaired, ſtored with ſtrong flancking Towers and Galleries on the top, and if with a little earth lined, I am ſure had been paſt the power of Canon to batter; but as they were, not much hurt, I thinke, could have been done by the enemy unto them.Nota. * Within theſe vvalls vvas an exceeding high Fort or Tovver, that commanded both Tovvne and Caſtle, and I am perſvvaded ſo ſtrong that it could not have been battered, and in caſe the Walls of the Caſtle had been p. 12beaten down, there was open ground large and poſſible enough to have made retrenchments; As for Souldiers and Armes to defend this Caſtle, there were more then was needfull, Nota.Mr Hazard (who was Reported the chiefe ſtore keeper) ſaid in my hearing, that there were 70. barrels of powder remaining in it at the ſurrender; and the Governour ſaid, he could make match every day as faſt as he ſhould ſpend it. I know not any neceſſary proviſions either of men, Armes, Artillery, Victuals, or any thing elſe neceſſary for the defence of the Caſtle that was wanting, but that there was plenty of all things for its defence, for divers moneths; as likewiſe the Forts about the Town were held and victualled, by which meanes of holding the Forts and Caſtle, the Enemy would have had bad poſſeſſion of the Town, which was commanded by theſe: I conclude this Testimony with this Opinion, Nota.* That the Caſtle of Briſtoll might have beene kept untill this day, November, 1. 1643.

EDVV. WOOD.

This Teſtimony being full and home; Col. Fiennes, excepted againſt the witneſſe, becauſe there had beene ſome differences between his brother Col. Iohn Fiennes and him; whoſe valour was ſuch, that he drew his ſword & cut off Major Woods finger, when as two men held his Armes. To which Maſter Prynne anſwered, that the difference was not betweene the witneſſe and defendant himſelfe, but the defendants Brother, which concerned not him. That this quarrell grew ſince the ſurrender of Briſtoll, and its reference to a Councell of War, not before; and that upon this very point now in iſſue; that Major Wood affirmed this Town and Caſtle when ſurrendred, to be ſtrong and tenable againſt all the Enemies power: Whereupon Col. Iohn Fiennes gave him the lye, and cut off his finger as aforeſaid; And if this ſhould be a good exception againſt a witneſſe, then the Defendant and his Brother (as deeply guilty in this fact as himſelfe) might quarrell thus with all other witneſſes (as they did with Captain Bagnall even in the Councell-chamber) and ſo by this practiſe deprive us of their Teſtimonies, if they could not perſwade them by promiſes of preferment and areares to hold their peace. VponUpon which ground the Counſell ruled his Teſtimony ſhould be received.

Then the Defendant endeavoured to battle and diſgrace him all he might, by demanding of him many impertinent and captious queſtions. As namely, whether he were an Engineere, and had ſtudied fortifications, as he gave out he had don? How long he had ſo ſtudied, & whether he had been in ſervice beyond the ſeas? &c. To all which he replyed, he would give anſwer, if the Councell, not he alone required it. To which queſtions they willing him to anſwer, he affirmed on his Oath, that he was an Engineere, and had made it his ſtudy eight or nine yeeres; that he had beene in ſervice in forraigne parts: and upon the Defendants queſtions touching the ſtrength of the Caſtle and Workes (in which he thought to entrap him,) he gave ſo good an account in each particular, as manifeſted his skill in Fortifications, and the Caſtle and Workes to be very ſtrong and tenable divers moneths, againſt all the Enemies power. Then he interrogated him, where he and Colonell Stephens were, when they preſſed him to make a Sally? to which he gave a punctuall anſwer: Next he p. 13demanded, whether he went forth in the Sally, and where he was when the Sally was made? To which he anſwered, That himſelf commanded him particularly to look to the Percullice at Frome gate, and to ſee it let down in caſe the Sally ſhould be beaten back, to keep out the Enemie from entring; which ſervice he proved by ſome of the Defendants own witneſſes, that he performed: he likewiſe upon this demand atteſted; that the Sally conſiſted not of above 200. men, when as they might have ſent out thrice as many: that the Sally was made with all diſadvantage up the hill, that they beate the Enemy through divers ſtreets, and had in probability driven them out of the Suburbs, but that the horſe ſent out in the ſally under Captain Vaughan (who charged not, but retreated at the Enemies firſt entrance) baſely retreated upon the fall of one horſe which was ſhot, and ſo both diſ-heartened and diſ-ordered their Foot, and cauſed their retreate; yet he never queſtioned the Horſe or Captain of them. That Major Lewis (whom the Defendant laboured to aſperſe all he could) went out in this Sally, where he behaved himſelfe very gallantly and received a wound; and that he being an old experienced Souldier, exceedingly diſliked the calling off the Souldiers from the Line at firſt; and adviſed the Governour to fall upon them from the Line, as ſoone as they entred, when they might have eaſily beene cut off. And whereas the Defendant alleaged, that Colonell Waſhingtons whole Regiment of Foote had poſſeſſed themſelves of the Suburbs when the Sally was made, it appeared upon the ſtrict examination of this witneſſe, that his whole Regiment that entred were not above 300. men, moſt of the reſt being ſlain or wounded in the ſtorme or aſſault that morning. So little advantage gained he, by examining this witneſſe; who ſurther affirmed, that the bullets one night flying ſomewhat thick in the ſtreete where he and the Governour ſtood talking together, being ſhot onelyonly at randome in the dark; the Governour was ſo fearefull, that though he had an Armour of proofe upon him, he preſently cryed out, they have found me where I ſtand, and thereupon removed cut of Gunſhot. He likewiſe teſtified, that the place where the Governour uſed to ſtand with his Troope, under Alderman Jones houſe, (which he alleaged to be a place of greateſt danger, becauſe a Granado caſually fell there almoſt into the midſt of his Troope though it hurt no man) was one of the ſecureſt places about the City, the Wals of the Gardens and houſe betweene them and the Enemies, being more then double Canon proofe, and the place they ſtood in, not commanded from any the Enemies quarters, being free from all kinde of ſhot, but this Granado mounted ſo, as it fell juſt under the Houſe Walls from over the houſe top. And therefore it was no great Argument of his valour to ſtand in a place of ſuch ſecurity.

The Teſtimony of Major Allen, viva voce, at the Councell.

That he ſome 2. or 3. dayes before the Seige of Briſtoll brought neare 200. men, well armed from Malmesbury into Briſtoll, whom Colonell Fiennes entertained, and ſome 7. or 8. barrels of powder in ſackes. That the Caſtle was ſo ſtrong and Fortified that he conceived it tenable, and would have held it out p. 14againſt the Grand Seigneur, and all his Army, had they come before it: That he was not called to a Councell of War though an Officer, either to deliberate whether they ſhould Parley, or to conſult of the Articles of the ſurrender: That he caſually comming to the Governours lodging after the Articles agreed on, found that the Governour had releaſed one of their Hoſtages, and would have ſent away the other, but that he perſwaded him to ſtay him, for having elſe no ſecurity, himſelf the City and Souldiers might be all indangered, the Enemies detaining their Hoſtages, and he releaſing the Enemies. That the City and Caſtle were ſurrendred before the hour agreed; the Souldiers Pillaged, diſmounted in the ſtreets contrary to the Articles, through the Governours careleſneſſe and neglect. That he & ſome other Commanders after the ſurrender left the Governour, and for their better ſecurity croſſed the Country; and by the way having conference among themſelves touching the ſurrender, many of them concluded it was very ſhamefull, cowardly, and diſhonorable. That Colonell Fiennes at Colebrook earneſtly preſſed him, to ſubſcribe his Letter to his Excellency (ſince Printed) as ſome others had done, but his conſcience telling him, that many things in it were falſe, he had the grace to refuſe the ſubſcribing of it, and did not ſet his name thereto.

The Teſtimony of Captain Samuel Roper of Lincolns Inne.

I Captain Samuel Roper do teſtifie upon Oath,Article 7. that the Right Honourable the Earle of Deſmond did tell me about ſix weekes ſince, that the Lady Newport did affirme to his Lady at Oxford before the time that Briſtoll was delivered up, That Briſtoll ſhould be ſurrendred to the Kings Majeſtie, or words to this effect.

Samuell Roper.

We would have Examined theſe Honourable Perſons, but that the thing was not denyed: And Captain Roper (ſince the Tryall) hath atteſted; that theRight Honourable, Earle of Denby informed him that * there were divers wagers laid at Oxford, and here about London, both before and during the ſeige of Briſtoll, Nota.that Briſtoll would be ſurendred on the 26. of Iuly to the King▪ as in truth it was.

The Depoſition of Captaine Iames Harrington.

I Captain Iames Harrington, doe atteſt upon my Oath, that I did heare Captaine Oland, **This Depoſition came in onelyonly occaſionally, by reaſon of the Defendants falſ Allegation, that we had been tampering with witneſſes, whereof himſelfe was onelyonly guilty.Capt. of Dragoones at the ſiege of Briſtoll ſay; that he could ſpeak much of the carriage of the buſineſſe of Briſtoll at the ſiege, and after (within two houres) being demanded what he could ſpeake truely touching the forementioned paſſage, by Mr. Walker, he anſwered him in my hearing, Oh Mr. Walker, I have much Arrerages behind; or words to that effect. I further affirme upon my Oath, that I being in ſir Iohn Horner his chamber on Friday morning laſt paſt, at the Dolphin here in St. Albans,**Maſter Sprigge the Lord Sayes Secretary, who confeſſed the words. heard an ancient Gentleman ſay, p. 15that he came to ſir I. H. from Colonell Nathaniel Fiennes, to intreate him to be at the Counſell of Warre that morning by ten of the clocke, (to whom ſir I. H. anſwered he would) that my Lord Say deſired to be remembred to him, and that he had 100. or 200. l. ready for him at London, and would pay the reſidue that is due unto him by ſuch ſummes ſpeedily; or words to that effect.

Iames Harrington.

The Depoſition of Capt. Robert Bagnall touching the late ſurrender of the City and Caſtle of Briſtoll to the Enemy, by Colonell Nathaniell Fiennes, late Governour thereof, taken before the Judge Advocate in London.

The Deponent atteſteth upon his Oath,Artic. 1. 2. 3. 4. 5. 6. 8. that the Thurſday before the Enemy came to beſiege the ſaid City of Briſtoll, this Deponent was earneſtly deſired by the ſaid Governour Col. Fiennes to raiſe a foote Company of Souldiers, to increaſe the Garriſon thereof, which he accordingly did upon his owne coſt, being induced thereto onelyonly by the promiſe of the ſaid Governour made to this Deponent, to defend and keepe the ſaid City and Caſtle to the uttermoſt, and by his ſolemne proteſtations to him, that he would either hold the ſame againſt the enemy, or elſe the City ſhould hold him, and he would leave his bones therein. After which the Enemy approaching the ſaid City on the Munday, & ſtorming the Out-works of it in ſundry places on the Wedneſday morning very early, they were valiantly repulſed with great loſſe in all places but one,Nota. neare Brandon Hill Fort, where about one hundred and fifty of the Enemies and no more (as this Deponent who viewed them conceived) entred the Lyne: upon which their entry, this Deponent and his Company were ſeverall times commanded by the ſaid Governour to come off the Line, and retire into the City, which they were very unwilling to doe, as conceiving it a very great advantage and encouragement to the Enemy: whereupon this Deponent repaired to the ſaid Governour,**Nota. and earneſtly importuned him, to be pleaſed to give order, that he and his Company, Captaine Sampſon and his Company, Captaine Richard Hipſly and his Company might inſtead of retreating into the City from the Line, make good the breach where the Enemy had entred with one of thoſe Companies, and that the other two Companies might fall upon the Reare of thoſe that were entred; and did further deſire him, that Captaine Stokes, being then with a reſerve in Saint Iames Greene, might Sally out at Froome Gate in Front againſt the Enemies ſo entred to out them off: which advice the ſaid Governour utterly rejected, and required and enjoyned them upon paine of death, to draw off the Line into the City. And then of his owne accord, without calling a**Never imployed either to repulſe the enemy at the line, nor in the ſally. Councell of War; and without the privity or conſent of any, or at leaſt of**Nota. very few, of his Officers or Captaines,**He meanes a publike one. the ſaid Governour ſent to the Enemies to deſire a Parly with them, After which he ſummoned a Councell of War to Treat about the Articles of ſurrender of the ſaid City and Caſtle;**But 8, or 9. the Councell upon debate reſolved that it was neither honourable nor ſafe for them or the Kingdome to quit the place, unleſſe they were permitted to march away with halfe their Armes; yet notwithſtanding, the ſaid Governour and his Lieutenant Clifton going forth p. 16into the Garden to Colonell Gerrard one of the Enemies Commiſſioners for the Treaty, after ſome private conference with him, upon his returne to the Councell, the ſaid Governour told them plainely, that they muſt now deliver up all the Armes and every thing elſe to the Enemy, ſaving what was expreſſed in the Articles of Agreement, which he then produced to them, and accordingly he did ſurrender up all the ſame to them,Nota. and that * before the houre agreed upon in the ſaid Articles, to the great damage and prejudice both of the Souldiers and Inhabitants.

Robert Bagnall.

This Witneſſe comming very cloſe, the Defendant was very much netled at it, and thereupon ſent a Warrant to bring him from London to Saint Albanes, where he perſonally appearing before the Councell, the Defendant charged him for a partiall witneſſe, and that he had forſworne himſelf in his Depoſition.

As to his partiality Mr. Prynne anſwered, that he was the moſt indifferent witneſſe of all others, becauſe he was no mercenary Captain to whom arrears were due, but one who ſerved his Country freely, and raiſed his Company on his own charge; whereas all the Officers he produced ſerved onelyonly for hire, not gratis. And if there were any partiality, it was likely rather to be for then againſt him. For whereas Captaine Bagnall was a meere ſtranger unto us, to whom he had no relation nor obligation; he had been a long acquaintance, and active faithfull friend to the Defendant, for whom he had done many good ſervices. As firſt, he had taken two dangerous journyes to London and his Excellency at his own proper charge, to procure him an Independant Commiſſion for his Governour-ſhip of Briſtoll. Secondly, he had beene very active in furniſhing him with men and monies, from time to time during his reſidence in Briſtoll. Thirdly, he did at his earneſt requeſt and upon his promiſe to defend the Town and Caſtle to the utmoſt, raiſe him a company of men (moſt of them Volunteers) at his own charge, who did very good ſervice and behaved themſelves manfully in the Siege. Fourthly, he had adventured his life and eſtate for him, and done him more faithfull ſervice upon his own purſe without the leaſt recompence, then any man of his quality in thoſe parts, and there was never any enmity between them. It was therefore, very improbably that this witneſſe would be partiall on our parts againſt the Defendant, without any ground or motive. And it was a very ingrate requitall of all his coſts, travell, reſpects, disburſments, for the Defendant thus to baffle, and charge him openly with perjury. And if he thus affronted abuſed this witneſſe to whom he was ſo much obliged, before the Councels faces, onelyonly for depoſing truth (to ſtop whoſe mouth Colonell Iohn Fiennes proffered him a Captaines place in a new Regiment he ſaid he was to raiſe) the Councell might eaſily conjecture how he dealt with others by threats, or promiſes behind their backs, and how difficult a thing it was for us to procure any to atteſt the truth of his unworthy actions.

To prove him perjured, the Defendant alleaged, that Captain Bagnall among others ſubſcribed his name to the Letter he ſent to his Excellencie, which in many things was contrary to his Depoſition. To which he anſwered, that he p. 17ſubſcribed the Letter at his importunity: that he diſliked many things in it, which he told the Defendant he knew and would juſtifie, to be miſtakes: That he ſubſcribed not to all the particulars in the Letter, (which no one that ſigned it could certainely atteſt on his owne knowledge) but onelyonly to ſuch things in it as he knew; ſome atteſting one part which the others knew not of, and all of them atteſting the whole between them, not every one that ſubſcribed every particular, as appeares by the letter it ſelf, and is uſuall in ſuch kinds of Relations of fights and ſieges, where though the whole Relation be ſubſcribed by many as true, one atteſting one part, another another diſtributively, yet no one ſubſcriber can or doth atteſt the whole in common judgement, but onelyonly ſo much as himſelf did act or ſee. Which anſwer clearly took off this objection. This device failing him, he began to interrogate the Captain upon every branch of his Depoſition to intrap him, but yet failed in his project. He demanded of him when and where he ſaw the Enemie enter? where he was, and what he did when the Enemie ſtormed the Works that morning? To which he gave punctuall anſwers. Then he demanded, whether he drew his men off the Line as ſoone as he received his command to do it? He anſwered no, becauſe he thought it inconvenient, & the readieſt way to loſe and betray the City, as it proved. Upon which anſwer the defendant demanded Iudgement of death againſt him, for diſobeying his Orders: To which was anſwered, that he was a volunteer, and under no pay or ſtrict command as others: that his diſobeying the firſt command, was upon good grounds to prevent the loſſe of the Town: that he came immediately to the defendant himſelfe to acquaint him with the reaſon of his diſobedience, and importuned him, inſteed of drawing his men into the City from the Line, to make good the breach, and charge the Enemy preſently, which had ſaved the Town; which Councell he refuſing, he did thereupon draw off his men as he was commanded: that if his diſobedience had beene capitall, he ſhould have preſently queſtioned and proceeded againſt him for it; or have Articled againſt him before this Honourable Councell longere this; but having thus long neglected to doe either, himſelfe was moſt faulty of the two, and this exception ſavoured more of malice then juſtice. Then he demanded of him, In what place it was that he importuned him to fall upon the Enemie in ſuch ſort as his Depoſition mentions? Who anſwered, it was in a ſignall eminent place, even in the midſt of the City, juſt over againſt the place where Yeomans and Butcher were hanged by his directions, for offering no ſurrender and betray Briſtol to the Enemie. At which the Defendant grew blank, ſaying, he did not remember that he ſpake any thing to him there. After this he demanded of him, how long he ſtayed in the Towne after he was drawn off the Line? To which he anſwered, that he ſtaid with his men in Winestreete, neer the Market houſe above 2. houres, as divers other companies alſo did, and in all that time received no Orders for a Sally, or any thing elſe; by meanes whereof many of the Souldiers departed from their Colours to Tavernes, Alehouſes to drinke, and ſo gave the Enemies time and reſpite to enter further into the Suburbs without reſiſtance, and to poſſeſſe themſelves of Eſſex Fort, and Sir Ferdinando Gorges houſe, and ſome of them came under the Colledge wall over againſt Alderman Hooks houſe, and played upon our Forces, I p. 18in the Marſh, whereupon he hearing from Colonell Stephens, that they needed ſome helpe in the Marſh, and having no other commands, marched with his men into the Marſh, and played upon the Enemie under the Colledge wall, and mounting one of Sir Francis Pophams peeces, on the top of Alderman Hookes houſe, he played ſo hotly on the enemies there, that he made them quit the Colledge greene, the reſt of the Forces ſtanding idle in the midſt of the City in the meane time for want of command, and not making any Sally againſt the Enemie to beate them out. Then he charged him with perjury, for Depoſing he ſent for a Parley without calling any Councell of war; for that others proved he did call a councell. To which was anſwered, that the Article runnes, no common Councell was called, and ſo the Depoſition muſt be intended as the Article runs, that there was no Common Councell; and that is moſt certaine, for firſt Colonell Stephens, and Mr. Edward Stephens (whom Colonell Fiennes in Print avers to be at the Councell) expreſly depoſe, that they were not at any ſuch Councell, nor ever had notice of it: Major Allen and other Officers depoſe the like. And ſuch a Councell for a Parly ought to have beene generall, of which all chiefe Officers ſhould have had notice. Beſides Colonell Strood and others depoſe, that there was not above nine or ten at it, and that of them two or three Voted againſt the Parley, and one gave no Vote at all. Therefore he might ſafely enough depoſe, it was done without a common Councel of War, and without the Privitie or conſent of any, or at leaſt of VERY FEW of his Officers; five or ſix being the moſt that conſented to it. Next he quarrelled him as perjured, for ſaying the place where his Company guarded the Line, was in his judgement (for he never meaſured it) nearer the place where the Enemy entred, than it was to the maine Guard, and that they might have marched ſooner to the breach directly from the Line, then from thence to the main Guard, and ſo to the breach; becauſe Captain Tyſon depoſed, it was almoſt a quarter of a mile nearer to the maine Guard then to the breach. To which was Anſwered; Firſt, that Captaine Bagnall depoſed onelyonly, that he could depoſe nothing certaine in point of knowledge of the diſtance, becauſe he never meaſured it, but only in point of his opinion and judgement it was nearer to the breach than to the main Guard. Therfore admit it were further, it was no perjury at all, becauſe he ſwore only as he conceived, not as he knew it, and ſo only a miſtake in point of opinion. But admit it were further to the breach than to the maine Guard, yet Captain Tyſon himſelf depoſed, that it is nigh half a mile the nearer way to march from Newfound-land where Captaine Bagnalls company was, to the breach by the Line, then to march from thence to the maine Guard at the Tolſey, and from thence to the Line; and that was the ſole queſtion put to Captaine Bagnall by M^r Prynne, Whether it was not much the nearer way for his Company to have marched directly from the Line to the breach by the Outworkes, without paſſing through the City, then to march through the City by the maine Guard, and ſo to the breach? To which he anſwered, he conceived it was: for which the Defendant would make him forſworne, when as his owne Witneſſe Captaine Tyſon ſweares the ſame, that it was the nearer way neere halfe a mile, though it was nearer to the maine Guard it ſelfe, then to the breach. Then he pretended him perjured, becauſe he ſwore, he ſaw ſome of p. 19the Enemies horſe marching back toward Durdham Downe after their Foote were entred, when as Captaine Husbands and Cornet Husbands in their Fort ſaw none march back: To which was anſwered; firſt, that one man might ſee that which another ſaw not, Secondly, that theſe oppoſite witneſſes plainly confeſſed, that the horſe might march back and yet they not ſee them, and that they could not ſweare no horſe retreated. Thirdly, Captain Hill and Lievtenant Taylour depoſed, that the horſe retreated back to Durdam Downe, & that they ſaw them retreate; and his owne witneſſe Samuel Allen depoſed; that they retreated with their horſe above 200. yards from the Forts: Captain Bagnall therefore having three expreſſe witneſſes to back him, muſt ſtand rectus in Curia, notwithſtanding Captain Husbands and his brother, ſaw no Horſe retreate. His laſt inſtance to prove him perjured was; that he depoſed the Defendant had Conference with Gerard in the garden, & after that, returning to the Councell told them, they muſt deliver up all their Armes; &c. when as Capt. Bagnall was not in the garden; Ergo, he could not ſwear he had conference with him there. To which was anſwered; Firſt, that Capt. Bagnall ſwore expreſly, that he ſaw him go in, and come out of the Garden, and that there was a window in the roome where he was that looked into the garden, through which he ſaw him confer with Gerrard: therefore his being not in the Garden is no proof that he ſaw him not confer with him in the Garden. Secondly, admit he ſaw him not there with Gerard, yet divers others ſaw him confer with him, and himſelf confeſſeth he did ſo, and that in the preſence of the Mayor and divers others: how then can it be perjury to ſweare that which ſo many ſaw, and himſelf confeſſeth to be a truth? Thirdly, Col. Strood depoſeth the very ſame Captain Bagnall doth, without any exception taken to it: therefore the one can be as little perjured as the other. In fine, Mr. Prynne informed the Defendant, that ſince he thus laboured very maliciouſly and unworthily to impeach the truth and Teſtimony of his indifferent honeſt witneſſe, he would by way of requitall inform the Councell and him, of ſome palpable contradictions or overſights in the Defendants chiefe witneſſes, which elſe he would have concealed.

Firſt his univerſall chiefe witneſſe, Lieutenant Clifton, confeſſed yeſterday 1upon oath, that he complained to the Defendant of Major Langriſh his neglect and cowardize, adviſing him to caſhiere him; yet this day in Langriſh his preſence he denyed upon oath, that he complained of him. Againe he depoſed upon oath that Gloceſter was far ſtronger and more tenable then Briſtoll: And yet Mr. Iohn Stephens depoſeth, that he ſaid openly in the Court of Requeſts, it was impoſſible for Gloceſter to hold out 3. dayes againſt the King.

Secondly, Captaine Rawlins depoſed, the Enemie had planted a battery and 2drawn their Ordinance within the Line before the Sally, to wit about 9. of the clock; whereas Captain and Lieutenant Husbands both expreſly depoſe, that no Canon were brought in till two of the clock at leaſt; which they were certaine of, becauſe there could no Canon be brought in but by the Fort wherein they ſtood.

Thirdly, Lieutenant Husbands depoſed, that the Horſe entred the Line within one houre after the Foot firſt entred; and upon croſſe demands he atteſted, p. 203that the Foot entred before ſun-riſing about 4. of the clock, and the Horſe not till 6. or 7. which is two or three houres at leaſt; yea Captain Nevill with other of his owne witneſſes atteſted, the Horſe entred not till 7. or after.

Fourthly, Major Holmes depoſed: that he voted at the Councell of War againſt a Parley; and being demanded the reaſon; he anſwered, It was becauſe he thought the Town to be in as good condition in Gloceſterſhire ſide, as he left it in Somerſetſide where his charge was: Which could not be, for the Enemie had made no entry on that ſide, as they had done in this. Beſides, he depoſed he was in the Sally which was beaten back: therefore the Parly was concluded on before the Sally made, as Colonell Strode expreſly depoſed; though the Defendants witneſſes and Major Holmes denyed it; or elſe this could not be the reaſon of his vote againſt a Parlcy; for after the Sally beaten in, he muſt needs know they were in worſe condition on Gloceſterſhire ſide, then in Somerſet, where the enemy never entred.

Captain Bagnall thus cleared in all particulars; was bafiled unſufferably by the Defendant himſelf before the Councell, and by his witneſſes aſſoon as the Councell was riſen, ſome of them giving him the lye in the Councell chamber, others challenging him, others menacing him, in ſuch ſort, that Mr Prynne complayning of theſe inſufferable abuſes to the Councell, it was ordered to exhibit Articles of complaint in Captaine Bagnalls name againſt thoſe who challenged and gave him the lye; which he did accordingly.

The Teſtimony of Captain Henry Loyde.

I Henry Loyde, Artic. 4. 6, 7.who commanded a Company for the defence of the City of Briſtoll during the late Siege, affirme upon my Oath, That I was commanded to attend in the Marſh, with my Company, where the Governour Nath. Fiennes comming to them, A Souldier of my company pointing with his finger to that Part of the Line betweene Windmill-Hill Fort and Brandon Hill Fort, (where the ſaid Line was not yet perfected, and where the Enemy afterwards entred) adviſed the ſaid Governour to have a care of that place as the onelyonly likely place for the Enemy to enter at, and did further admoniſh the Governour, that the Line in that place was very weakely manned, for which the ſaid Governour called him ſawcy knave: this Deponent farther affirmeth that he adviſed the ſaid Governour to plant ſome Muſquetiers upon the Key, which he neglected: he farther affirmeth that the ſaid Governour Entred into Articles to ſurrender the ſaid City and Caſtle with all the Ammunition, Colours, Armes, Proviſions and Priſoners before any one Fort was taken, or any battery or aſſault made upon the Walls of the ſaid City or Caſtle.

Henry Loyde.

The Teſtimony of Nicholas Cowling Commiſſary.

I Nicholas Cowling Commiſſary of victualls in the Caſtle of Briſtoll,Artic. 4. 6, 8. under Colonell Nathaniell Fiennes late Governour of the ſaid City and Caſtle, having the cuſtody of the victualls, laid up againſt the ſiege, being required to diſover the true quantity thereof to my knowledge which was in the ſaid Caſtle, p. 21when it was delivered up to the enemy by the ſaid Governour, doe here declare upon Oath, that there was then in the ſaid Caſtle

Eleaven thouſand weight of Bisket.

Eight hundred Buſhells of Wheate or neare about.

Some reaſonable ſtore of Peaſe.

Beefe of the first ſalting 60. barrells.

Porke 10. barrells.

12. Fat Oxen ready to be killed.

20. Leaner Oxen which would ſerve.

6 Milke Kine.

Hay for tvvo moneths.

Coales for a yeare.

Cheeſe and Butter good ſtore.

Sixteene Butts of Sacke.

Good ſtore of Tobacco.

Which victuall and Ammunition which was in the Caſtle, with the men belonging to the Garriſon, having the Forts in our poſſeſſion, it was not poſſible for the enemy to gaine the City if we had fought it out; the Caſtle being ſo fortified with Out-workes, and the City not entred, but onelyonly the ſuburbes; and this was likewiſe the opinion of the * Controwler of the Ordnance.Mr. Haſſard.

Nicholas Covvling.

The ſubſtance of Henry Haſſard his Depoſition.

I Henry Haſſard, late Maſter of the Ordnance in the City and Caſtle of Briſtoll, having all the Ammunition thereto belonging in my cuſtody, and being deſired to diſcover the quantity to my knowledge of all ſuch Ammunition as was in the ſaid Caſtle, when it was ſurrendred to the enemy by Col. Nath. Fiennes late Governour thereof, doe here declare upon-my Oath, that there was then in the ſaid Caſtle,

50.**Maior Wood depoſeth hee confeſſed there were 70. Arth. Williams that there were 60. & Cap. Buſhell found there 70 double Barrels Barrells of Povvder (he ſaith not, and no more)

1400 vveight of Match.

Halfe a Tun of Musket bullets ready made.

50**Richard Butler depoſeth, 140. Granadoes not one of them uſed. Great Granadoes.

500. Canon ſhot for the peeces on the vvhite Tovver, beſides other ſhot.

55. Peeces of Canon in the City and Caſtle, mounted (beſides ſir Francis Pophams Gunnes and ſome peeces unmounted.) I do likewiſe further declare, that I have often heard Col. Nathaniell Fiennes ſay, That he would defend the Caſtle, and keepe the City and Caſtle to the utmoſt; that his Flag of Truce ſhould be his Winding-ſheet: and that he commanded me to lay aſide a reſerve of thirty barrells of powder, with ſhot and match proportionable, in the ſaid Caſtle, which I did.

Henry Haſſard.

He likewiſe confeſſed to Mr. Prynne, Captain Birch, and others, that Col. Fiennes charged him to give him notice, when all the Ammunition, but this reſerve of 30. Barrells was ſpent, for that he would then treat with the enemy, but not before; that they had a Match-maker, a Bullet-maker in the Caſtle, and ſtore of materialls, Lead, and Tinne to make Match and Bullet, as faſt as they needed them. That after the enemy had entred the Line of Communication p. 22he planted one peece of Ordnance at the head of the Key, and three at Gyb-Tayler, and did beate the enemy out of fir Ferdinando Gorges houſe, being a place of advantage the enemy had gained in the ſuburbs upon their entry, and that he offered to fire the huſes in the Greene, and beate the enemy out of them; but becauſe Col. Fiennes owed him arreares of pay, for payment of which he had given him a Bill under his hand, he was unwilling to teſtifie againſt him, in all particulars ſo fully as elſe (perhaps) he would have done; or this which Major Dovvet (the Defendants chiefe witneſſe againſt ſir William Waller) hath atteſted under his owne hand, and denyed not when croſſe examined upon Oath, (viz.) The ſaid 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,Article 6. 7. 8. with intent to make that good againſt the enemy, but he was diſcouraged therein by the Gunner,Nota. 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,Article 7. 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,Artic 4. 6. 7. 8. that at the time when the enemy had entred the Lyne about the Barne, between Brandon-hill and the Wind-mill Fort, and p. 23that 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,Nota. he might not onelyonly ſecure the Lyne, but alſo take all thoſe that were entred, which he not onelyonly 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.Artic. 4, 5, 6, 7, 8. 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 p. 24the Towne, and preſently Lieutenant Colonell Clifton came, and commanded all men to quit the Line and draw off into the Towne;Nota. 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 not helpe it, for that Colonell Fiennes had drawne the ſouldiers to a wrong Gate, where the convoy of horſe was (by agreement) appointed to attend their comming forth. I further affirme, there were neare upon two thouſand foot in the Towne, beſides three hundred horſe and Dragoons.

Anthony Gale. Novemb. 9. 1643.

The Depoſition of Stephen Radford.

I Stephen Radford, Artic. 4, 5, 6. &c.Enſigne to Captaine Bagnall, at the time of the ſiege and ſurrender of Briſtoll, affirme upon Oath, that Captaine Bagnalls company (in which this Deponent then ſerved as Enſigne) maintained the Workes by the Peſt-houſe, and by New-found Land, and hearing that the enemy had entred the Line, between Wind-mill Hill, and Brandon Hill Forts, this Deponent went thither to ſee whether it were true or no, and found that about 150. (as he gueſſed) had entred the Line, and were ſitting together by the Red Lodge; who gave fire upon this Deponent as ſoone as they ſaw him; but this Deponent haſtened away towards the Line, and could not perceive that any more had entred; whereupon this Deponent went to the Governour Nathaniell Fiennes, acquainting him how few there were of the enemy that had entred, what ſtrength of our defendants were at the Line, and how deſirous they were to fall upon thoſe which were entred, and to make up the breach; the Governour charged this Deponent upon paine of death, that the ſouldiers ſhould not fall upon the enemy, but draw off from the Line, and come into the Town; whereupon this Deponent deſiring to know the Reaſons, why he would not ſuffer them to fall upon the enemies entred;Note this diſcreet reaſon. the ſaid Governour replyed * becauſe if they ſhould doe ſo, the enemy would enter in a greater number, and falling in upon our ſouldiers in the reare, would hem them in and cut them off. This is p. 25the effect of what I heard and ſaw, and I further affirme, that I ſeldome or never obſerved the ſaid Governour to give any words of incouragement, or money to the ſouldiers during the ſiege.

Stephen Radford.

The Depoſition of Iames Powell.

I Iames Powell of Briſtoll,Artic. 3. 4. 5. 6. 8. one of the Trained Souldiers of that City, being there during the late ſiege thereof, do atteſt upon my Oath, that Col. Nath. Fiennes, Nota.late Governour of the City and Caſtle of Briſtoll, did before the ſiege thereof in my hearing promiſe and give out in ſpeeches, that he would defend the ſame againſt the enemy to the utmoſt, and diſpute every inch of ground from the Forts to the Gates, and if they won it they ſhould win it by inches, and from the Gates of the City to the Caſtle, which he would defend to the laſt. And that upon the ſaid ſpeeches and promiſes, and intimation from the ſaid Governour, he this Deponent did ſend in three or foure moneths proviſions, or more into the Caſtle for himſelfe and his Family, and did bring the greateſt part of his eſtate thither, conceiving the ſaid Caſtle to be ſtrong and tenable, and that he ſhould have been there ſecured, though the City had been forced by the enemies: who afterwards beſieging the ſaid City, were ſeverall times manfully repulſed with great loſſe of many of their men, and but few of ours. And when ſome of them had entred the Line in one place (the reſt in all other places being beaten off) on the Wedneſday morning when they laſt ſtormed it, this Deponent repaired to the ſaid Governour in the morning, and deſired him earneſtly to beate them out againe; after which, the Enginere told this Deponent, that he with one hundred men would undertake to beate them out that were entred. And further ſaith, that when the ſaid City and Caſtle were ſurrendred to the enemy, the Out-forts thereof were not taken, nor the walls of the Caſtle battered, neither were they beſieged above foure daies; and that he loſt his goods in the Caſtle, which the enemy ſeiſed on.

Iames Powell.

Iames Powell likewiſe atteſted Viva voce, upon Oath, before the Counſel where the defendant produced him, as a principall witneſſe for him, That there might have been raiſed in Briſtoll (over and above the Garriſon and ſouldiers in it during the ſiege) at leaſt ſix or eight thouſand able men fit for ſervice; Judge then whether he had any want of men, when as he might have raiſed ſo many thouſands there.

The Teſtimony of William Deane.

I William Deane of the City of Briſtoll,Artic. 3. 4. 6 8. Baker, lately one of the Traine Souldiers there, ſerving under Captaine Grig in Prior-hill Fort, when the ſame was lately beſieged by Prince Rupert and the Kings forces, doe teſtifie upon my Oath, that Col. Nath. Fiennes, late Governour of the ſaid City and Caſtle thereof, did two or three weekes before the ſiege thereof, cauſe publike Proclamation p. 26to be made.Nota. That all Inhabitants of this City ſhould furniſh themſelves with three moneths proviſions for them and their families, and intimation was given then likewiſe to this Deponent, and divers beſt affected to the Parliaments ſervice, to ſend in part of their eſtates into the Caſtle, to be there ſecured in caſe the City ſhould be taken, with three moneths proviſion or more; whereupon this Deponent ſent part of his eſtate, and proviſion for himſelfe and his family for at leaſt three moneths into the ſaid, Caſtle, preſuming that the Governour would have defended it to the uttermoſt. And he further depoſeth, that on Wedneſday morning the twenty ſixth of Iuly laſt, the enemy ſtormed the Out-workes of the ſaid City very furiouſly, but were generally repulſed with extraordinary ſlaughter of their men, and namely at Prior-hill Fort, where this Deponent ſerved, where they flew and hurt many of the enemies * without the hurt or loſſe of any one of their men, Nota.and made them retire in diſorder; and that morning a few of the enemies (conceived not above two hundred or thereabouts) having entred within the Line neere the Colledge Greene; thereupon one came riding Poſt in a furred Cap to the Fort and Lyne where this Deponent was, commanding the ſouldiers there upon paine of death to come off thence; and retire into the City, for the Cavaliers had taken the Towne: which the ſouldiers not beleeving, having then newly beaten off the enemy with great loſſe, from that quarter, ſent this Deponent to know the truth thereof; who repairing to the maine Guard, they informed him that all was well in the City and elſewhere: whereupon he returned preſently to his companions that ſent him, acquainting them therewith,Nota. and within one quarter of an houre after, another came riding up to the ſaid Fort and Line, crying out, Gentlemen what doe you meane, you muſt under paine of death come off from the Line and Workes. And immediatly after a third Horſe-man came, ſaying, Gentlemen, under paine of death ſtand to your Armes; upon which contradictory meſſages, this Deponent was ſent by his company to know what they ſhould doe; who meeting the ſaid Governour in the ſtreete at the Pitty-heard by accident,Nota. uſed theſe words to him, Noble Governour, we are commanded upon paine of death to quit and come off from our Works and Line, which we are very unwilling to doe, this being that the enemies deſire, it being an eaſie matter to take the Workes when there are none to guard them; to which the Governour flatly anſwered, That they muſt come away thence: Whereupon the ſouldiers very unwillingly left the ſaid Workes and Line, the Gunner threatning to ſhoot all thoſe that ſhould depart; and this Deponent and other ſouldiers ſpoyled about one barrell of Powder, and another of Shot at the Line, becauſe the enemy ſhould not gaine it in their abſence; after which this Deponent repaired to the Governour to his Houſe in Broad-ſtreet, where he was taking Horſe,Nota. and ſaid unto him; Noble Governour, if you pleaſe to give me a Warrant, I will goe to our Captaine, and cauſe him to beate up his Drummes, for he and his ſouldiers are all willing to fight, and we will goe into the Suburbs where the enemy is entred, and try what good we can doe among them; to which he gave no anſwer at all, but inſteed of encouraging us to beate out the enemy as we deſired, and were ready to doe, he fell to treat with them about the ſurrender of the Towne and Caſtle, to the great griefe and diſcontent of this Deponent and others, who would have defended them to the utmoſt; and of ſome women, who in p. 27this Deponents hearing deſired Captaine Stiles (as he remembreth) and his men to goe couragiouſly againſt the enemy, and if they feared the Canon, we (ſaid they) and our Children will put our ſelves betweene the Canons mouth and you, to dead and keepe off the Bullets; or words to this effect; which much moved and encouraged this Deponent to have beaten the enemy out of the ſuburbs. And this Deponent ſaith, that when the ſaid Governour treated with the Enemy, they had not taken any of their Forts to his knowledge, nor made any one ſhot againſt the Caſtle or Towne Walls, for ought he knew or heard; and that there wanted neither proviſions nor Ammunition, nor men to defend the ſame, or at leaſtwiſe the ſaid. Caſtle, which was ſtrongly fortified, victualled, and provided with all neceſſaries for a long ſiege; all which, together with the ſouldiers Armes, and Colours, were unexpectedly ſurrendred to the enemy, to the great griefe of this Deponent, and others of his company.

William Deane.

The Depoſition of Thomas Munday.

I Thomas Munday,Art. 4. 5. 6, 7. 8. late Garriſon Souldier in Briſtoll under Captaine Loyde during the ſiege thereof, doe atteſt upon my Oath, That I being in the Marſh at Briſtoll, with my Captaine and Company, the Tueſday before the Enemy entred the Line, Captaine Langriſh comming to the Workes there, and Col. Nathaniell Fiennes then Governour of the City, I ſaid to Langriſh, Captaine, yonder is a very ſuſpitious place and not fully fortified, betweene Brandon Hill and Windmill Hill Fort, and it is very doubtfull, that unleſſe you ſet an hundred Muſketiers more there, it being very weakly manned, the enemy will there make the firſt breach, pointing to the place with my hand; which words the Governour hearing, Nota.asked in an angry manner, What, doth he prate? whereupon this Deponent replyed; I hope it is no offence to you ſir what I ſpeake; and the very next morning the enemy made a breach, and entred at that very place. After whoſe entry this Deponent ſpake to Maſter Cowling and to a City Captaine, one after another, to adviſe the Governour to ſtop up the way which came downe from the Back and the Key, and to place Musketiers upon the City Wall, and thruſt three or foure peece of Canon through the Wall over againſt the Marſh; which had it been done, the enemy could not have entred the Marſh or City, when they were within the Line, but we muſt have ſlaine abundance of them: Which thing was not done, nor yet the Hedges neere the City cut downe before the ſiege,Nota. which gave great advantage to the enemy to annoy us; and he ſaith, that the Caſtle was extraordinary ſtrongly fortified, and ſtored, and very tenable as he beleeveth, and that he knevv nothing of the agreement, to ſurrender the City and Caſtle to the enemy till a little before they were to march out of the ſame, ſo as he had no time to hide his ſword or Armes, and that he and ſundry of the other ſouldiers were much diſcontented at the ſurrender thereof,Nota. and would have fought it out to the laſt; and that he ſaw divers of the ſouldiers breake their Reſts and Pikes, and beate their Muskets on the ground in diſcontent; and that when they were to march forth, they were led up, and downe from one gate of the City to p. 28another ſeverall times, and pillaged openly as they marched through the Streetes, without any order taken by the Governour for their Releefe, for ought he heard or ſaw.

Thomas Munday.

The Teſtimony of Richard Butler.

I Richard Butler, Art. 4. 7. 8.who ſerved under the Enginere Iohn Warden in the Caſtle of Briſtoll, both before and at the ſiege and ſurrender of Briſtoll affirme upon Oath, That wee had in the Caſtle at that time one hundred and forty Granadoes, and a new Morter-peece;Nota. that the ſaid Iohn Warden did often importune the Governour Col. Nathaniell Fiennes to give him leave to make a ſhot at the enemy out of the ſaid Morter-peece, but the ſaid Governour commanded him upon paine of death not to make any ſhot at them without his ſpeciall Licenſe, but the ſaid Governour never gave the ſaid Warden Licenſe to ſhoote at them; whereat the ſaid Iohn Warden was ſo grieved,Nota. that he often complained the Towne was betrayed. He ſaith he wrought fifteene or ſixteene weeks, but never received any money excepting twenty ſhillings.

Richard Butler.

The Depoſition of Abell Kelly.

I Abell Kelly one of the Trained ſouldiers in the City of Briſtoll,Art. 3. 4. 5. 6. 8. under the command of Colonell Charlton, whiles Col. Nathaniell Fiennes was Governour of the ſaid City and Caſtle of Briſtoll, and during the time it was beſieged by the enemy, doe teſtifie upon Oath, that Captaine Birch by the direction of the ſaid Colonell Fiennes did give order to this Deponent and divers other Citizens of the ſaid City, who were beſt affected to the Parliament, about a week before the ſame was beſieged, to bring in their eſtates into the Caſtle of the ſaid City, and ſo much proviſion as would well ſerve them for the ſpace of three moneths, promiſing them, that in caſe the ſaid City ſhould he forcibly taken by the enemy,Nota. that then he the ſaid Colonell, and they who ſhould ſend in their eſtates and proviſions would retreat into the ſaid Caſtle, and maintaine the ſame. Whereupon this Deponent and divers other Inhabitants of the ſaid City did bring in their eſtates, and three moneths proviſions into the ſaid Caſtle, preſuming that the ſaid Col. Fiennes would have manfully defended the ſame againſt the enemy according to his ſaid promiſe; but he beyond our expectation, before any of the Out-forts taken, or Walls of the ſaid City, or Caſtle were battered, or aſſaulted by the enemy, upon the entry of ſome few of the enemies within the Line of communication, and before the ſaid City had been beſieged the ſpace of foure whole daies, delivered up both the ſaid City and Caſtle, with all the Armes, Magazines, Canons, Ammunition, Colours, and Priſoners therein to the enemy, though this Deponent verily beleeveth there was ſufficient proviſion and victualls in the ſaid City and Caſtle, to have maintained the ſame for the ſpace of three moneths; the ſaid Governour having p. 29about a Fortnight before the ſaid City was beſieged, made publique Proclamation throughout the ſaid City with a Trumpet, that every Inhabitant ſhould furniſh himſelfe with ſufficient proviſion for three moneths ſpace; and this Deponent further ſaith, that at the time of the ſaid ſiege, in the ſaid City and Caſtle and the Forts thereof, there were about two thouſand foote ſouldiers beſides Horſe, to defend the ſame, there being not above eight of our men loſt during the ſaid ſiege, many of which ſouldiers were much offended and diſcontented at the ſurrender thereof to this Deponents knowledge, and himſelfe among the reſt, who loſt all his eſtate that he carried into the ſaid Caſtle, by reaſon that many of the enemies were admitted into the ſame, and the Priſoners there releaſed by the ſaid Governour before the houre agreed on in the Articles, who ſeized upon and plundered the goods which were brought into the Caſtle as aforeſaid, to be there ſecured.

Abell Kelly.

The Depoſition of Arthur Williams.

I Arthur Williams Stationer, Artic. 4. 6. 8.and late ſouldier under Captaine Birch, in Tower Harris in the City of Briſtoll while the ſame was lately beſieged by the enemy, doe teſtifie upon my Oath, That the very morning that Collonell Nathaniell Fiennes then Governour of the ſaid City treated with the enemy about the ſurrender thereof, he this Deponent did ſee as much Match as foure Horſes could well draw, brought out of the ſaid City into the Caſtle thereof, and that the Keeper of the Magazine of the ſaid Caſtle, did then deliver unto this Deponent two Barrells of Musket and Carabine ſhot, and two ſlings of Match for the uſe of the ſaid Tower Harris; and did likewiſe tell this Deponent that there were ſixty barrells of Powder or there abouts then remaining in the Magazine of the ſaid Caſtle, and that this Deponent doth verily beleeve, that there vvas ſixty barrell of Povvder more in private mens houſes that ſould Povvder, beſides Match, then vvithin the ſaid City, vvherein five or ſixe barrells of Povvder vvere made every vveeke; and this Deponent doth likewiſe beleeve, that there vvas victualls and proviſions enough of all ſorts vvithin the ſaid City and Caſtle of Briſtoll, at the time vvhen they vvere ſurrendred to the enemy, to have kept the ſame for at leaſt three moneths ſpace; And further depoſeth, there was not any one of the Out-forts of the ſaid City or Caſtle taken, nor any Battery made, or Aſſault given to the Walls of the ſaid City or Caſtle, and but eight of the ſaid Garriſon ſlaine, vvith the loſſe of above five hundred of the enemies; And that there was in the ſaid City and Caſtle when they were ſurrendred by the ſaid Governour, neere about two thouſand five hundred ſouldiers foote and horſe to defend the ſame, many of vvhichwhich at the ſurrender vvere very much diſcontented, and vvould have defended the ſame to the utmoſt.

Arthur Williams.

The Teſtimony of Richard Winſton.

Richard Winſton an Inhabitant of Briſtoll,Artic. 4. 6. 8. and a Souldier at the time of the ſiege and ſurrender thereof under Captaine Husbands, who had the defence p. 30of Brandon Hill Fort, affirmeth upon his Oath, that he ſaw when the breach was made in the Line of Communication, where the Enemie entred early upon a Wedneſday morning, he conceived there were not above 150. of them who entred at the firſt, and the Enemies Horſe ſtood in a body without the Line, and offered not to enter and ſecond them, but gave them (as this Deponent conceiveth), for loſt men for almoſt tvvo houres together, and then at laſt the ſaid horſe entred. He further ſaith, that the firſt nevves they heard of an agreement made to ſurrender the Tovvn and Caſtle, vvas from the Enemies, vvhichwhich not being beleeved by Captaine Husbands, he ſent into the Tovvn to knovv the truth thereof, and found that Colonell Nathaniel Fiennes the Governour * vvas gone out of the Tovvn vvith his Company,Captaine Husbands atteſted the ſame, that he had no notice nor Warrant from the Governour to ſurrender the Fort before he departed the Town. and left the City and Caſtle in poſſeſſion of the Enemie that morning, being Thurſday. The Governour gave no encouragement to the Souldiers, and often called upon them to be ſparing of their powder.

Richard Winſton.

The Teſtimonies of Richard Lindon and Edmond Wathin.

The Teſtimonies of Richard Lindon and Edmond Wathin Gunners in the Caſtle of Briſtoll,Article 4. 5. 6. 8. before and at the late ſiege and ſurrender thereof; each of them for himſelf affirmeth upon his Oath, That conſidering how the ſaid Caſtle was furniſhed with Ordinance well planted,Nota. and ſtored with Powder, Ammunition, Victuals and all things elſe fit to hold out; and Comparing it and the Situation thereof, and the manner of its Fortifications with the preſent ſtrength of the Enemie, to whom it was ſurrendred: they do not thinke it poſſible for the ſaid Enemie to have taken it, if the Governour Colonell Nathaniel Fiennes had not ſurrendred it.

Richard Lindon, Edmond Wathin.

The Teſtimony of Iames Coles.

I James Coles late Citizen of Briſtoll,Article 10. and a Trained Souldier long before and during the Siege thereof, when Colonell Nathaniel Fiennes was Governour there, do Atteſt upon my Oath, that I continuing in the City about three weekes after the ſame was ſurrendred to the Enemie by the ſaid Governour, Nota.Did heare divers of the Enemies Souldiers, who firſt entred the Line ſay, and confeſſe, ſeverall times in this Deponents Company, that when they firſt entred the Line, they did all give themſelves for dead men, and that they thought they ſhould have been ſhut in, and the breach made good againſt them: And this Deponent further ſaith; That he heard three of the Enemies Cavaliers, who were quartered in his Fathers Houſe, oft ſay and confeſſe, that after their repulſe on: Whitechurch ſide, before the Parley with them, they were ſo diſcouraged, and out of hopes of gaining the City, that a whole Regiment of their Horſe retreated 3. miles from Briſtoll to Whitchurch, with a Reſolution to come on no more, and that ſoone after p. 31word was ſent to them to come away, for they had hopes that the City would be delivered up unto them upon a Parlee; which was accordingly ſurrendred by the ſaid Governour, to the Enemy; before any the Out-Forts thereof were taken, or the City or Caſtle were aſſaulted.

Iames Coles.

The Teſtimony of Ioſeph Proud.

I Ioſeph Proud, Article 10.late Inhabitant of the City of Briſtoll and a Souldier there, do teſtifie on my Oath, that I continuing in the ſaid City, ſome ſix dayes after the ſurrender thereof, Did heare divers of the Enemies Cavaleers ſay, what a Cowardly fellow was Colonell-Fiennes to leave ſuch a City as Briſtol, and divers words to the like effect.

Ioſeph Proud.

The Teſtimony of Ione Batten.

I Ione Batten an Inhabitant of Briſtoll, Article 4. 6. 8.do Teſtifie upon my Oath, that I was in the ſaid City during the late Siege thereof, and lived at Saint Auſtins back in Briſtoll. That the Enemy began to approach upon Sunday: that upon Munday and Tueſday they were in fight: that upon Tueſday night about eleven or twelve of the clock at night, I ſaw Major Langriſh go, with one man bearing a Torch or Linke before him, over the Back towards the Colledge Greene, but ſaw him not come back againe untill after the Enemy had entred the Line, which was about foure of the clock on the Wedneſday morning. And the Souldiers upon the Enemies entring the Line, were called off the Line, and did then report there was not above one hundred Enemies entred. And that the ſaid Langriſh afterwards comming back to Froom Gate, his Troope came along with him whom he had brought from the Lime-Kilnes or thereabouts. And upon the ſound of the Trumpet he was let in at Froom Gate; Nota.* all men then crying ſhame that the Souldiers were called off the Line, and complaining they were betrayed; I further ſay, that one of the Souldiers drawn off the Line then Reported, they were Commanded to retreate into the City upon paine of death, for that the City was like to be loſt. And that thereupon there were about 200. women of the ſaid City, whereof this Deponent was one, who went to Colonell Iohn Fiennes, begging of him that he would be a meanes that the City and Caſtle might not be yeelded to the Enemy, offering themſelves to Worke in the Fortifications in the very face of the Enemy, and to go themſelves and their children, into the mouth of the Canon to dead and keepe off the ſhot from the Souldiers: and the ſaid Iohn Fiennes anſwered them,**Nota, I doubt he will not make good the laſt part of his promiſe. That rather than he would conſent to the ſurrender of the City or Caſtle, he would conſent to be hanged. And preſently the ſame day being Wedneſday, a meſſage was brought from the Governour Colonell Nathaniel Fiennes to the ſaid women, Commanding them to go to Froome Gate, and there make a Bulwarke of earth; which by p. 32direction of the Engineer they did, this Deponent being one of them. But while they were at worke and had almoſt finiſhed the ſaid Bulworke (being about 15. or 16. foote thick) the Treaty was in agitation and concluded upon, to their great griefe. I further affirme upon Oath that I ſaw a large broad Dray, heavie laden with roles of Match, the ſame morning the Parly was, drawne into the Caſtle by three or foure Horſes. This I teſtifie upon Oath, the 14th. day of November 1643. In witneſſe whereof I have here ſet to my hand.

Ione Batten.

The further Depoſition of Ione Batten touching the ſurrender of Briſtoll.

I Jone Batten late Inhabitant of Briſtoll, Article 10.do teſtifie upon my Oath, that I and ſome other Inhabitants and Souldiers of that City, departing thence on the Thurſday after the ſurrender thereof by Colonell Nathaniel Fiennes, did on that day and the next, meete with divers of the Cavalieers on the way in ſeverall Companies riding towards Briſtoll, many of them very gallant, cloathed in Scarlet, who ſeverall times demanded of this Deponent and the reſt, whence they came, who anſwering from Briſtoll, they thereupon ſeverally demanded of us; Where is Fiennes the Governour? We anſwered, we could not tell: whereupon they ſeverally replyed oft times, We hope the covvard is taken, and cryed out vvith better Oathes and curſes, hang him, hang him; and likewiſe reviled him, and the Souldiers and Troopers they met, oft calling them cowards, and cowardly ſlaves, for giving up ſuch a City as Briſtoll was, ſo cowardly as they did.

Ioane Batten.

The Depoſition of Etheldred Huddy.

I Etheldred Huddy late Inhabitant of Briſtoll, Arti. 4. 6. 8. 10and continuing in the Caſtle thereof during the Seige and ſince the ſurrender thereof by Colonell Nathaniel Fiennes, to the Enemie; affirme upon Oath that I being in the ſaid Caſtle ſince the ſaid ſurrender, did heare ſome of the Enemies Cavaliers diſcourſing together, ſay one to another openly, we may thanke Fiennes for this. And that divers of the ſaid City to her knowledge were much grieved and diſcontented with the ſaid Governours unexpected Parly with the Enemy, and his ſurrender of the ſame unto them, which they expected he ſhould have held out to the laſt.

Etheldred Huddy.

The Teſtimony of Dorathy Haſſard.

I Dorathy Haſſard, Artic. 3. 4. 6. 8wife of Matthevv Haſſard of Saint Evvins in the City of Briſtoll, do Teſtifie upon my Oath, That I was in the ſaid City during p. 33the late ſiege thereof when Colonell Nathaniel Fiennes was Governour there,Artic. 4. 5. 6. and that I did ſend into the Caſtle of Briſtoll during the ſiege thereof, above three moneths proviſion for our family there, and a great part of our Eſtate, hoping the ſame would be there preſerved, and the Caſtle defended to the utmoſt, according to divers promiſes by the Governour to defend the ſame, as we were informed by divers of our friends; and that when the newes came into the ſayd City on the Wedneſday morning, that ſome of the Enemies were entred within the Line, this Deponent with divers other women, and maydes, with the helpe of ſome men, did with Wool-ſackes and earth, ſtop up Froome gate, to keepe out the Enemy from entring into the ſayd City, being the onelyonly paſſage by which the Enemy muſt enter, and when they had ſo done, they the ſayd women went to the Gunners (this Deponent being one of them) and told them, that if they would ſtand out and fight, they would ſtand by them, and told them that they ſhould not want for proviſion, during which time the ſaid Governour treated with the Enemies, and beyond their expectation yeelded up the ſaid City and Caſtle to them, (to her great griefe and diſcontent) before the time agreed on, whereby all her goods in the ſaid Caſtle were loſt, and ſeized on by the Enemy.

Dorathy Haſſard.

The Depoſition of Mary Smith.

I Mary Smith late Inhabitant of the Caſtle of Briſtol both before,Art. 4. 6. 8. 10. during, and after the Siege thereof, and its ſurrender to the Enemie by Colonell Fiennes, late Governour of the ſaid Caſtle, do Teſtifie upon my Oath, That ſince the ſaid ſurrender, I did oft times heare divers of the Enemies Commanders, when they viewed the Works of the ſaid Caſtle ſay in my hearing;Nota. * God damn us, All the Devils in Hell had never been able to take this Caſtle if the Governour vvould have held it out againſt us: and likewiſe ſaid divers times in my hearing, That the ſaid Caſtle and City vvere very covvardly delivered up unto them, beyond their Expectation. And further depoſeth, that ſhe this Deponent, going up with proviſions to the Out-workes the morning before the Parlee, when ſome few of the Enemy had entred the Line, heard divers of our Souldiers and Gunners complain and murmur, that the ſaid Governour rode thrice up in perſon to them that morning, and commanded them upon paine of death,Nota. 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,Nota. 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 onelyonly 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 p. 34bundance 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,Nota. 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,Art. 4. 6. 8. 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,Nota 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 p. 35the diſcharge onelyonly of one Drake, when onelyonly 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,Artic. 10. living in Pauls Churchyard, 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, vvhichwhich 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,Art. 4. 6. 8. 10. 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 p. 36heard 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 onelyonly 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 p. 37ſurrender 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 p. 38by 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 onelyonly: 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, onelyonly a little before night he heard there was a Parley with the Enemie, and about eight of the clock at night as he and his Major were at Supper; they received Intelligence that the conditions of ſurrendring the Town and Caſtle were concluded: whereupon this Deponents Major went to know what the Termes of ſurrendring were, and upon his return gave him notice to prepare for a march by 9. of the clock the next morning; and going about 8. of the clock to the Caſtle that morning for his cloak-bag and cloathes, he found the gates thereof ſhut, and no admittance, but immediately after he preſſing into the Caſtle upon the opening of the wicket, found Colonell Iohn Fiennes with ſome of his Troopers, and many of our Foot Souldiers there; but the Keyes of the Caſtle, contrary to the Articles of agreement, were in the cuſtody of one of the Kings Commanders, who aſſiſted with 3. or 4. more, would ſuffer none of our men to paſſe in or out, but when they pleaſed; beating and abuſing many of our Souldiers, and diſ-arming moſt of our Officers and Troopers p. 39there, contrary to our conditions; where we were detained by an Inconſiderable number, till 3. of the clock that day; many affronts being offered unto us in the interim, the Governour of the Caſtle, and Colonell Iohn Fiennes being gone away long before; and whilſt we were thus detained by the Enemies in the Caſtle, notice was given us of the many injuries and violences offered to our Commanders, Officers, and Souldiers in the Town, ſo as this Deponent and his Major, were conſtrayned to procure one of the Kings Officers to guard them to their lodgings at the Gillards Inne, from whence after 6. of the clock by favour of one of the Kings Captains, they were conveyed towards Bathe, and as this Deponent paſſed the Suburbs, he met divers Common Souldiers of his own and other Companies, who ſeemed fully reſolved to march away with the Governour in the morning, that had liſted themſelves in the Enemies Service upon no other ground (as this Deponent conceiveth) but that no care was taken by the ſaid Governour for their ſecurity, and proviſion, or to ſee the Articles of Agreement performed. And this Deponent further ſaith, that when the ſaid Town and Caſtle were ſurrendred, there was neither want of Victuall nor Ammunition, nor Souldiers to defend the ſame; and that the Enemy to his knowledge had taken none of their Forts, nor made any breach into, nor battery againſt the Walls of the ſayd City or Caſtle, and that the ſaid Caſtle was then well fortified and provided to hold out a Siege; and all the Canons, Ammunition, Armes, Priſoners, Victualls, Colours, were reſigned up to the Enemy by the ſaid Governour.

Thomas Taylor.

The Depoſition of Ieremy Holway, of the City of Briſtoll Mercer, concerning the loſing of Briſtoll, taken before the Lord Mayor of London upon Oath. 16. Decemb. 1643.

The 26.Artic. 4. 5. 6. of Iuly 1643. I was at the Breſt-work, nigh the place where the breach was made, and did ſee thoſe Souldiers that did enter, being not two hundred as I did conceive: upon the entry the Souldiers that were there placed to keep the Works, did run from the Workes, and ſome Horſe did the like; whereby the Enemy made their entrance without much oppoſition; but after their entring the Works, they being not (as I ſaid before) two hundred, there was no meanes uſed to take the Enemie before expreſſed, and to make good our Workes againe; but we were within one houre after the entry of the Enemy, commanded by Lieutenant Colonell Clifton to come off the Workes: theſe were his words: The Governour doth Command every man upon paine of death, to come off the Workes, and to march under their ſeverall Colours and Commanders in at New-gate. Whereupon I ſaid, but that Colonell Fiennes was an honeſt man, other wayes, I ſhould think we were betrayed: this I know, that if there had been men drawn off the Works in other places which might have been ſpared, or if Captain Stokes men, which were upon no ſervice, but ſtayed in Town, in S. Iames Church-yard, as he told me himſelf, made uſe of, the p. 40Enemy in all probability had been taken, and our Works for that time made good, but there being no meanes uſed, as I ſaid before; by this meanes they came to poſſeſſe the Suburbs of the City, and then it was hard for us to reſiſt them long.

Ieremy Holway.

The Teſtimony of Samuel Wood.

I Samuel Wood being a Souldier in Sir Edward Hungerfoords Regiment, do ſay and Teſtifie, that part of the ſaid Regiment was put to keepe Ratcliffe-gate, and that there was no probability of the Enemies taking of the Town by force of Armes; And do further ſay and atteſt, That Colonell Nathaniel Fiennes ſounded a Parly with Prince Rupert, and ſent a ſtrict command to the the Souldiers to forbeare firing upon the Enemy upon paine of death, unto which the Souldiers replyed, that they would fight it out till the laſt man, and were diſcontented at the Parly and ſurrender.

Samuel Wood.

If in the **Deut. 16. 6. Mat. 18. 16.Deut 16:6Matt 18:16mouth of two or three Witneſſes onelyonly, (as the Scripture and our Saviour Chriſt reſolves) every vvord ſhall be eſtabliſhed; then certainely our Articles of Impeachment proved by ſuch a **Heb. 12. 1.Heb 12:1cloud of Witneſſes, and ſundry others not examined, (ready to depoſe all the premiſes and more if need be) muſt for ever ſatisfie the deluded World; and ſilence the Defendants Tongue, Pen, which have been formerly ſo extravagantly fruitfull in miſ-relations both of his Surrender, Triall, Judgement,**See the Title of the Check to the Checker to revive, re-eſtabliſh, cleare, his decayed Honour and Integrity, which have been more impaired, then repaired by all his fabulous Apologies.

FINIS.

End of the text · William Prynne, Relation of the Prosecution of Nathaniel Fiennes (1644)