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

short time and thereby their liberties and priviledges Thirdly Because by this meanes they shall not bee long under the absolute power of the Enemy and new Lords to controule them whereas if the Castles be yeelded their persons estates lawes liberties will be wholy exposed to the Enemies will and pleasure and subjected to their Tyranny Therefore upon all these grounds the Defendant ought to have kept the Castle of Bristol being strong and tenable to the utmost extremity and not to have surrendred it with the Town though the City had been taken or yeelded by composition Fifthly For examples Mr Prynne answered That if hee had his Books about him he could shew him at least one thousand Examples in Story to one of his where Castles have held out when the Townes were taken or yeelded but since his challenge was to produce but one Example to the contrary he should out of present memory furnish him with divers The first was a very ancient and memorable one recorded in Scripture which hee wondred the Defendant who had read the Scriptures could forget to wit that of Thebez Iudg. 9. where we read That Abimeleck went to Thebez and encamped against it and took it But there was a strong Tower or Castle within the City and thither fled all the men and women and all they of the City and shut it to them and got them up to the Tower but did not yeeld it up though the City was taken And Abimeleck came to the Tower and fought against it and went hard to the doore of the Tower to burn it with fire And a certain woman cast a piece of a Milstone upon Abimelechs head and all to brake his scull Then he called hastily to his Armour-Bearer and said unto him draw thy sword and slay me that men say not of me A woman slew him and he thrust him through and he died And when the men of Israel saw that Abimeleck was dead they departed every man to his place Thus the siege was raised the Town preserved regained and that by a woman Had Col. Fiennes in case the City of Bristol had been taken retired to the Castle according to his promise and there stood upon his guard perchance Prince Rupert comming for to assaile it as Abimeleck did the Tower or Thebez might have been slaine with a Milstone by one of those valiant women who offered to go up to the Canons mouth to dead the bullets in case hee or his Souldiers were afraid to charge or at least by some Musket or Cannon bullet and so the siege might have been raised and the Town regained No man could tell whither such an accident might not have hapned had the Defendant patiently expected the issue of Gods providence in the Castle till utmost extremity which no man ought to despaire of since as the wise man enformes us time and chance happen alike to all men Besides the siege might by sundry other forementioned casualties have been raised and the City preserved But alas the Defendant was so farre from having the faith and courage of a man that he fell infinite short of the courage and prowesse of this woman of Thebez stiling the holding out of the City and Castle though but a day or two longer A desperate Resolution c. not staying till they were assaulted but presently yeelding up both without any assault contrary to this Scripture president which hee had neither heart nor courage to imitate But least hee should pretend this one example to be singular I shall furnish him with sundry others which I wonder he could forget If he had read the Roman Story he should have found the Capitol defended against the Gaules when the City of Rome was taken and preserved from surprise only by the crying of a Goose Had his try all been at London I could have informed him that in our unhappy ancient Civill warres the Tower of London hath of times been held out when the City hath been yeelded the like we read of the Castles of Edenburgh Barwick Northampton Salisbury Devises Oxford in the time of Maud the Empresse Rochester Bedford Nottingham Pomfret frequently kept in former times when the Townes were yeelded or taken and not to rove farther for presidents even Bristol Castle it selfe was held out by King Edward the Second and the younger Spencer in the last yeare of this Kings raign against the Queen and her Sonne Prince Edward after the Town was yeelded up to them by composition to save their lives and goods and in these dayes Bristol was stiled and reputed A good Town and a strong well closed standing on a good port of the Sea having A STRONG CASTLE and the Sea beating round about it Writes the Historian Certainly had this Gentleman well studied the History of Bristol whiles he was there he might have found a president for holding out this very Castle after the City surrendred and then hee would not have made such a silly challenge to shew him one such example But if these Ancient Examples had been forgotten yet we have fresh presidents enough of this kinde which hee cannot but remember The Castles of Warwick and Nottingham both held out lately against the Kings Forces when the Towns were taken Nay the very Close at Litchfild though no Castle but a Cathedrall held out against the Lord Brooks when the Town was yeelded and since the Parliament took it against all Prince Ruperts Forces almost as many weeks as Bristol it selfe did dayes and against neare as great an Army though it had not above eightscorce Souldiers in it Yea when the Prince had drained the More about it sprung a Mine blown up a great part of the Wall and entred the breach with above 200 men being 50 more then first entred the Line at Bristol yet the Garrison there was so farre from yeelding the place by a Parley that they encountred the Enemies took 200 of them Prisoners beat the rest out made good the breach till all their Powder within halfe a Barrell was spent and then came off upon more honourable termes by farre then the Defendant at Bristol which was not so much as assaulted much lesse entred even with their Colours displayed their Bagge Baggage Armes and restitution of their Prisoners taken by the Enemy which conditions were most punctually performed because they shewed themselves men of valour and had their armes about them to defend themselves from violence when as the Defendant yeelded up both Armes and Colours To these I might adde the Examples of Limerick and Galloway Castles in Ireland who held out many Months against the Irish Rebels after the Towns were yeelded Of Staffords Castle defended long against the Parliament after the Town taken and the fresh Example of Lincoln where the Close was kept against the Earle of Manchester after the Town surrenderd But examples of this kinde are so frequent in all Stories and so experimentally known to every one who hath

for which his Temporalties should be seized and whatever monies he had received from the King and imployed to his owne use he should presently make full paiment thereof into the Kings Treasury without delay or difficulty Had he been a Lay-man his censure had proved capitall and more rigorous Here we have all Colonell Fiennes excuses pleaded to justifie this action First the saving not of a body of 1500 but 7000 English-men to serve the State whose lives were all endangered not in a garrison Towne or Castle well victualed or ammunitioned as those in Bristoll were but lying on the open sands without defence and that not in their owne native soile but beyond the seas in an enemies countrey Secondly Despaire of timely reliefe and greater want of Victuals then was in Bristoll where there was too much plenty Thirdly a Letter from the King himselfe injoining the Bishop to quit the Towne to the enemy in case they wanted Victuals as he alledged they did when as Colonell Fiennes received no such Letter from the Parliament or his Excellency to quit or yeeld up Bristoll Fourthly this Towne was won from the enemy by the Bishop himselfe not immediately committed to him to guard by the King or Parliament as Bristoll was to the Defendant who had lesse right to surrender Bristoll then this Bishop Gravelin being his owne conquest Fifthly he did not yeeld up the Towne with all the Cannon Armes and provisions in it to the enemy as the Defendant did Bristoll but onely demolished it and sleighted the Fortifications departing thence with bag baggage cannon and his men yet notwithstanding all these particulars and the gallant service this martiall Bishop had done in this Expedition he incurred this heavie censure and had his Temporalties seized divers yeers for his Fine and Ransome And if he deserved such a censure no doubt the Defendant deserves a far greater notwithstanding his excuses The fourth president is that of Sir William de Elmham Sir John Tryvet Sir Henry de Ferrers and Sir William de Farendon Knights and Robert Fitz-Ralph Esquire impeached in the Parliament of 7. R. 2. rot Par. n. 24. for surrendring the Towne and castle of Burburgh to the enemy and receiving monies for the Armes Victuals Prisoners and goods within the same To the which Sir William de Elmham and most of the others pleaded that they were enforced to surrender the Towne and castle to the enemy of fine force for the salvation of themselves the Garrison and people therein the enemy having besieged and assaulted it in very great number and set the Towne on fire within who would have taken it by force and taken or slaine all those within it had they not yeelded it by agreement And that the monies they received was onely for the Prisoners Victuals and other goods within the same not for the surrendring of the Towne it selfe Yet notwithstanding this excuse was adjudged insufficient and the parties ordered to make full paiment to the King of all the monies received from the enemy to stand committed to prison to make ransome at the Kings will according to the quantity of their severall offences and Sir William de Farendon left to the Kings mercy both for his body and goods to doe with them what he pleased Here we have a Towne assaulted by a multitude of enemies fired in part and thereupon a surrender upon composition to save the Officers and Souldiers from being taken or slame by the enemy yea a better market then the Defendant made at Bristoll even a sale of the prisoners Victuals and goods in the Towne to the enemy for money when endangered to be all surprised by force yet this was judged no excuse Therefore certainly the Defendants pretended necessity and danger of forcing the Towne by the enemy not halfe so reall as this cannot excuse his crime nor extenuate his guilt nor yet his pretence of saving his Officers and Garrisons lives and estates to doe the Parliament service else where The fift president is that famous case of William de Weston in the Parliament of 1. R. 2 num 38 39 40. The Commons in this Parliament prayed that all those Captaines who had rendred or lost Castles or Townes through their default might be put to answer it in this present Parliament and severely punished according to their deserts by award of the Lords and Barons to eschew the evill examples they had given to other Governours of Townes and castles Whereupon Iohn de Gomineys whose case I began with and William de Weston then detained Prisoners in the Tower because they had lost and rendered the Kings Townes and castles to the enemies were brought by the Constable of the Tower before the Lords in full Parliament in the White chamber where Weston by the Lords command was arraigned by Sir Richard Lescop Steward of the Kings house in manners following William de Weston you took upon you from the most puissant Prince whom God ass●ile Sir Edward late King of England Grand-father to our Lord the King that now is safely to keep to him and his heires Kings of England the castle of Outhrewyke without surrendring it to any one but to the said Grand father or to his said heires or by command from him or from his said heires have you William who are a Liege man of our Lord the King in times of the same our Lord the King who now is true heire to the said Grand-father delivered and surrendred the same to the enemies of our Lord the King without command from him to the dishonour or dammage of him and his Crowne and of the estate of his Realme of England against your allegeance and undertaking aforesaid What will ye say hereunto Whereupon the said William put in his finall Answer in this behalfe To the most sage Counsell of our Lord the King and to the other Lords and Commons of the Parliament supplicates and sheweth William de Weston that albeit he be accused of this that he hath maliciously rendred the castle of Outhrewyke of which he had the custody by delivery and assignment of our Lord the King may it please your sage and just discretion to have the said William excused thereof for these causes ensuing First of all may it please you to remember how that the said William was lately informed by a Spie that a great power of the enemies would come upon him to besiege the said castle with very great and very grievous Ordnances whereupon he the said William presently by his Atturney and by his Letters required of the said Councell that it would please them to re-enforce the said castle with more men for the defence and safeguard thereof in regard that the Garrison of the said castle that then was were not halfe sufficient in respect of multitude to resist so great a force in so large a place but in conclusion for all this he could not have any succour from the said Councell And so the said William not at

to the Defence of the fourth Article and those that followed it with Colonell Fiennes his Commission for Bristoll and some presidents in point resolved in Parliament the Transcripts whereof out of the Parliaments Rols proved upon Oath to bee true Copies hee there delivered to the Councell Colonell Fiennes his Commission the Originall whereof he there produced was read as followeth RObert Earle of Essex c. To Colonell Nathaniel Fiennes By virtue of an Ordinance of the Lords and Commons in Parliament I doe constitute and appoint you Governour of the City of Bristoll as also Commander in chiefe of all the Forces raised or to be raised and imployed for the defence of the said City and the Liberties of the same and of the Garrison there to serve for the defence of the King Parliament and Kingdome These are therefore to will and require you by virtue of this Commission to take the said City and Forces into your charge as Governour in chiefe and by all possible wayes and meanes except in point of Civill Government to provide for the defence and security of the same and to maintaine the same against all enemies and opposition whatsoever and from time to time diligently to exercise the said Forces within the said City and Liberties in Arms commanding all Officers and Souldiers to obey you as their Governour and Commander in chiefe for the service above mentioned according to this Commission given you And you are likewise to observe and follow such further order and direction as you shall receive from my selfe or from both Houses of Parliament Given under my hand and Seale of Armes this first day of May 1643. ESSEX From this Commission it appeares first that Colonell Fiennes was constituted Governour of Bristoll by Commission from his Excellency under his Hand and Seale Secondly that he had the command in chiefe of all the Forces and Garrisons there who were to be imployed FOR THE DEFENCE OF THE SAID CITY and the Liberties of the same and to serve for the defence of the King Parliament and Kingdome Thirdly that he was specially charged by that Commission to take the said City and Forces into his charge as Governour and BY ALL POSSIBLE WAYES AND MEANES TO PROVIDE FOR THE DEFENCE AND SECURITIE OF THE SAME AND TO MANTAIN THE SAME AGAINST ALL ENEMIES AND OPPOSITION WHATSOEVER and that all Officers and Souldiers were there to obey him as their Governour and Commander in chiefe for this service Therefore he and his Officers were expresly injoyned by this commission to defend and keep it against the enemy to the uttermost extremity and were there placed for that very purpose and that he sent for and accepted this Commission upon these very terms and not only to rule his souldiers not to keep the Town and Castle as he falsly at first pretended Fourthly that he was to observe and follow such further order and direction from time to time as he should receive from his Excellency and both Houses of Parliament therefore not to surrender the City and Castle without their speciall order or direction which he never had to doe it as himselfe confesseth His very Commission therefore being expresly violated in all these particulars by this his surrender before he was reduced to utmost extremitie is a sufficient evidence to declare and condemne him for a Traitor by the very Ordinances of War especially since he knew the grand importance of the place for the Kingdomes safety For Presidents adjudged in point I could produce many out of forraign Histories which I shall pretermit because they are no binding evidence in Law Wherefore I shall confine my selfe to such domesticke examples of this nature as have been formerly adjudged in Parliament the supremest Councell of Warre whose judgements must direct all others registred amongst our Parliamentarie Records which cannot be controlled and are the best evidence of any other The Records themselves examined by the Parliament Rolls are long and written in Law-French which perchance some of this Honourable Councell understand not I shall therefore briefly open them in English into which I have faithfully translated them at large in The Doome of Cowardice and Treacherie printed by authoritie of Parliament and apply them to the present case in order as they are opened which course the Councell very well approved The first President is the case of John Lord of Gomineys who in the Parl. of 1. R. 2. n. 38. 40. was indicted and arraigned before the Lords for that he being made Governour of the Town and Castle of Arde in France by K Edward the third to this intent that he should safely keep the same for the King and his heires without surrendring them to any person without their command did yet in King Richard the second his reigne deliver and surrender the same to the Kings enemies without any command from him to the dishonour and dis-inheriting of the King and his Crowne and of the Realme of England against his undertaking aforesaid without any duresse or default of Victuals or Artillerie or of any other things necessary for the defence thereof To which Indictment the Defendant pleaded that the Town and Castle were so weake that he could not well keep them against so great a power of the enemies as was then ready to assaile them Whereupon he assembled all the Knights Esquires and others in the Towne and informed them of the dangers the Town was in and of the enemies forces and by common counsell and consent of them all he entred into a Treaty with the enemies to save the Lieges of the King within the Towne and Castle and thereupon yeelded up the same upon termes of composition receiving no reward at all for surrendring the Towne or Castle But because one Geoffrey of Argentine Knight affirmed in Parliament that he was then in person within the said Towne and Castle in the defence whereof he was alwayes ready to live and dye never consenting to the surrender thereof and because Sir Ralph de Ferrers Knight had valiantly defended them in former times against a great force of the enemy when they were not so strong as at the time they were surrendred And because de Gomineys had undertaken to keep them and if he could not have done it he ought in no wise to have undertaken to keep them and that another should and would have undertaken the safe keeping of them had not he undertaken it and for that he yeelded them up in this sort before utmost extremity when he wanted neither men nor victuals nor ammunition he was adjudged to lose his head notwithstanding his plea that he did it by the advice of a generall Councell of Warre Warre to save the Kings liege Peoples lives and estates and that the Towne and Castle were weake unable to resist the Enemies power This Towne was of far lesse importance to the Realme of England then Bristoll no treachery at all appeared in the surrender made by the vote

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 moneth 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 very 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 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 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 moneth 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 The 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 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 Town 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