the said towne was taken upon the said Robert and two of the Sonnes of the said Robert there slaine in the defence of the same Notwithstanding because that the said Baron himselfe had taken upon him the safeguard of the said towne to the said Grandfather and departed himself from thence without command of the said Grandfather and the said towne of Barwick was lost in the absence of the Baron he being in the company of the said Grandfather in the parts of France as is aforesaid It was adjudged by advice of the said Grandfather the King of Castile who is present the Nobles Dukes and Counts Henry late Duke of Lancaster the late Earle of Northumberland and Stafford and Sir Walter de Manny that the said towne was lost in default of the said Baron and for this cause he had judgement of life and member and that he should forfeit all that he had and to render his judgement in these words the said Sir Walter had a command from the said Grandfather Which things considered and this also that you William surrendred the said castle of Outhrewyke to the enemies of our Lord the King aforesaid without any duresse or want of Victuals against your allegeance and undertaking aforesaid the Lords abovementioned sitting here in full Parliament adjudge you to death and that you shall be drawne and hanged But because that our Lord the King is not yet informed of the manner of this judgement the execution thereof shall be respited untill the King be informed thereof Whereupon it was commanded to the said Constable safely to keep the said William untill he had other command from our Lord the King This case is very punctuall this judgment fatall to the Defendant wherein all his former pleas and far better then he could make are over-ruled against him long since even in full Parliament First this Weston as soon as he heard of the enemies approaches and intent to besiege Outhrewyke castle sent post to the Councell and to the Governour of Calice acquainting them with the weaknesse of the Garrison and craving present aid as the Defendant pretended he sent to his Excellency yet could receive no supplies from either Secondly his Garrison was not halfe enough to resist the enemies great power neither had he meanes to encrease it when as Bristoll garrison was abundantly sufficient to resist the enemy and the Defendant might have doubled it had he pleased there being 6000 or 8000 able men more in the towne whom he might have imployed in its defence Thirdly there were 8400 enemies before it as many or more then were before Bristoll and but 50 men onely in the castle to defend it whereas there were 2000 foot and 300 horse at least to guard Bristoll a vast disproportion Fourthly they had nine great Peeces of battery a great Ram or Morter-peece greater then ever were seen in those parts before with many other Engines as many or more then the enemy had at Bristoll Fifthly the siege battery and assault thereof continued from Munday till Saturday whereas Bristoll was besieged onely from Munday till Wednesday noone not halfe so long and then yeelded upon parley Sixtly all the walls and houses of the Castle were beaten downe and battered exceedingly and the ditches drained of the water by trenches and all their barricado's beaten downe yet they still held it out whereas not one shot at all was so much as made against the Castle or walls of Bristoll but against the Out-works onely Seventhly after the walls and barricado's were thus broken downe and the ditch drained they manfully repulsed the enemy who fiercely assaulted it and slew divers of them with the losse and wounding of some of the garrison whereas Bristoll Castle and the body of the Towne were yeelded up before the least battery Mine or Assault Eighthly they made all things ready for an assault planting all their Ordnance Engines Galleries and Faggots close to the Castle-ditch and sent two severall Heraulds and Messengers to him for a Parley ere he would treat whereas the Defendant before any battery or assault against the City or Castle sent out twice to the enemy for a Parley with so much haste that he would not hearken to any who would beat them out or oppose or delay the Treaty Ninthly twelve of his fifty men were by this time slaine sick and wounded so that he had onely 38 left to make good the castle thus battered and assaulted with so great a power whereas the Defendant lost but eight men at most and had at least 2300 horse and foot when he fell to parley Tenthly he surrendred the Castle by the advice of a generall Councell of War upon better grounds then the Defendant yeelded up Bristoll to wit because the wals were beaten downe the garrison over small to defend it the enemy very likely to force it by the assault no present reliefe neare at hand and to save his owne with the Souldiers lives and goods which else were indangered to be lost none of which the Defendant can justly alledge as we have manifested Eleventhly he made the most of an ill bargaine by selling the Victuals and Prisoners in it to the French for 1500 Franks with which he paid his Souldiers their arrears of wages discharged the debts of the castle owing for Victuals and defrayed the charges of their passage into England whereas the Defendant yeelded up all the Prisoners and Victuals to the enemy gratis with which provisions the ships that brought over the Irish Souldiers were victualled and left the State to pay the Souldiers arreares and other debts contracted by him there amounting to many thousand pounds which ought to be made good out of his owne estate Therefore in these respects he ought to undergoe the selfe same judgement of death and to be drawne and hanged much more justly then he To these Presidents Col. Fiennes Answered 1. That these Governours had all of them Commissions under the great Seale of England to keep these Townes and Castles and that made their offence so great but hee had no such Commission under the great Seale of England to bee Governour of Bristoll and this he conceived differenced the cases much To which Mr Prynne replyed First that the Defendant was much mistaken in this point for these Towns and Castles lying in France if the Commissions of their Governourships were under any Seale it was under the great Seale of France not of England as appeares by the expresse Statute of 14. E. 3. Stat. 4. 1. H. 6. Rot. Parl. Num. 14. 15. Secondly that the great Seal being carried from the Parliament when his Commission was granted he could not expect any such Commission under the great Seal but from the King himselfe in opposition to the Parliament to whom he surrendred Bristoll perchance for want of a Commission under the great Seal to keep it Thirdly if this were a good plea or warrantable distinction then all the Governours of Towns and
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
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
of a generall Councell of War yet we see the Governour adjudged to lose his head for not holding it out to the utmost extremity according to his duty And if his plea could not secure him from such a sentence Colonell Fiennes his plea being the very same with his that he surrendred the City and Castle of Bristoll to the enemy before utmost extremity because they were weak and untenable for any long time to save the lives and estates of the Garrison and Parliaments friends and that by the counsell and assent of all the Knights Esquires Souldiers and Inhabitants thereof must needs be frivolous and can no way extenuate his fault nor save his neck from the blocke the rather because Bristoll was of far greater consequence to the Kingdome now and better provided fortified manned victualed and more likely to be relieved then Arde was then The second President was of Pierce de Cressingham and John de Spikesworth Esquires who were arrested and arraigned in Parliament 7 Rich. 2. num 17. for yeelding up the Castle of Drinkham in Flanders to the enemies from whom it was gained by the Bishop of Norwich though it were well and sufficiently stored with victuals and other necessaries and strong enough to be held against the enemies without the will or command of the King or his Lievtenant To which Spikesworth pleaded That he had never the custody of that Castle or any thing to doe therewith but was chased into it by the enemy it being then in the custody of Piers de Cressingham That soone after the enemy assaulting the Barbican he was unhappily routed and one of his Varlets slaine close by him That he had never any thing to doe in the Castle neither as a Souldier thereof nor in any other manner whatsoever but onely continued in it in manner aforesaid till it was surrendred by the said Piers And therefore prayed that it would please the King to have him excused Whereupon it was ordered he should be set at liberty if nothing else could be said against him Piers Cressingham who had the custody of the Castle alledged That upon the yeelding up of the Towne and Castle of Burburgh to the enemy of all the Garrison souldiers he had with him at Drinkham none would continue with him for the safeguard of that Castle but onely five persons by reason of which great necessity he was constrained for the safety of his owne person and people to enter into a Treaty with the enemies to deliver up that Fort and thereupon he yeelded it up and not for any other cause nor in any other manner but onely by constraint of the power of the enemies aforesaid denying that he ever received any thing from the enemies by way of gift or in any other manner Whereupon he conceived that no man ought to impute any manner of blame or reproach unto his person but if it should be thought he had done ill in any manner he most humbly cast himselfe upon the grace of his Liege Lord. But because this excuse was held insufficient he was committed to prison till the King should otherwise declare his opinion concerning him Here was a case of far greater extremity then Bristoll without any apparent mixture of treachery but onely five of the garison left to defend the Castle when as the Defendant had 2300 Souldiers at least in Bristoll and a surrender by common advise for the Governours and Inhabitants safety yet because Cressingham the Governour by virtue of his office was bound to hold it till the utmost extremity he was for the present adjudged to prison and to expect a further sentence afterwards whereas Spikesworth was acquitted because he came casually into the Castle as forced by the enemy and had no charge of it as a Governour Officer or garrison Souldier all which as appeares by this resolution are answerable and punishable for delivering up the smallest Fort before utmost extremity The third president is the case of the Bishop of Norwich accused in Parliament 7. R 2 num 32. for surrendring the Town of Gravelin to the enemy before utmost extremity upon condition that it should be totally demolished To which the Bishop pleaded that by reason of the disobedience of his Captains who quitted the field and betooke themselves to their Forts he was constrained to retire with his Forces to the Towne of Graveling which he would have held out well enough against all men and did hold out till the other Captaines had surrendred their Forts adjoining to the French and after that untill speedy supplies might have arrived from England But because there were sixe or 7000 English-men who came out of the Forts surrendred lying on the sands neare Calice who could not get into the Towne and were in danger to be slaine by the French within two or three dayes the Truce being then expired whose losse would have been charged principally upon him thereupon he was commanded by the King himselfe to render the Towne to the enemies or else to demolish it and then to march to succour the said English and after that towards England to save himself and others of his Army in case they were in any great want of victuals as in truth they were and because it behoved him to abate and void the Towne as it was lawfull for him to doe at his pleasure being gained by his proper conquest from the enemy it seemed to him that he ought to be well excused of what ever was surmised against him for compounding with French to rase the Towne to the ground and to depart whither he would with his bagge baggage and men To which was answered by the Lord Chancellor That there was sufficient victuals in the Towne when the Kings Letter came there after which the King sent other victuals thither in great plenty with Letters importing how he had appointed his Uncle to come speedily to his aid and succour yet notwithstanding he departed thence leaving the Towne to the enemies against the forme of his Indenture by which the King granted him whatever he should conquer not at all to surrender sell or leave the same to the enemy but to hold and possesse it And as for the disobedience and defaults of his Officers and their surrender of the Fortresses they neither could nor ought at all to excuse him seeing they were all named and chosen by himselfe not by the King or his Councell and the Articles of the surrenders sealed between them and the enemies were made without the authority and consent of the King Wherefore by the assent of the Earles Barons and other Lords temporall present in Parliament it was assented and decreed That the Bishop should be in the King mercy who out of his grace would forbeare to lay hands on his body in regard of his function though he might justly have proceeded against him as a Lay-man that he should be put to a fine and ransome according to the quantity and quality of his offence
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 assâ—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
Castles within the Parliaments power might treacherously or cowardly surrender them forthwith to the King without punishment or danger because they wanted a Commission under the great Seal to keep them Fourthly he had a Commission under his Excellencies hand and seal to keep the City under whose Authority he took the custody of it for the Parliaments and Kingdomes safety in these distracted times by vertue of a Commission of both Houses granted to his Excellency therefore his offence is as great as capitall for surrendring it contrary to his trust and his Excellencies Commission to keep it as if it had been under the great Seal Fourthly when his Commission was first granted the Parliament had not made a New great Seal to seal it but since his surrender of Bristol they had made one and he durst assure the Defendant had his courage and fidelity been such as to hold out Bristol till the new Seal was made hee would have procured him a Commission under it to keep Bristol rather then hee should have yeelded it up cowardly to the Enemy for want of a Commission under the great Seal of England But because he held it not till such Commission might be obtained he must be condemned for rendering it contrary to that Commission which he both sent for and received from his Excellency under his Seal of Armes alone His second Answer was that it appeared not in these Records what other matters and proofes were produced against these persons besides those mentioned in them and therefore for ought he knew they might be condemned for something else besides what is alleadged in these Records else the cases might seem very hard and the sentences none of the justest To which Mr Prynne Replyed That the Defendant by this strange Answer betrayed his extraordinary ignorance in matters of Law and Records into which no Depositions of Witnesses are wont to bee inserted but only the true state of the case it selfe and the Iudgement given thereupon And therefore to surmise they were condemned for any thing else then what is expresly mentioned in the Records and Iudgments themselves is to averre against the very Records and the Iudges that gave the sentences and so to falsifie and nullifie all Records The cases therefore being admitted to be really such as the Records relate in nature of a demurrer or concession and the Iudgements determining them to be such this answer must rather be deemed an ignorant mistake then any solid reply His third Answer was That the Castle of Outhrewik Arde and Burbugh were places of no great consequence or wealth and therefore ought to be held out to the utmost But Bristol being one of the richest chiefest Cities in the Realme and of great importance ought not to bee endangered or ruinated by holding it to the utmost extremity as Castles and other such places of lesse concernment might be To which Mr Prynne Answered First that if places of smallest concerment ought to hold out to extremity and if it be death to yeeld them up before then certainly Bristol and places of greatest consequence to the ruine or safety of the Realme ought much more to be kept till extremity and the yeelding of them up must be more capitall else he that betrayeth the greatest trust and doth most mischiefe to the State shall be lesse culpable and undergoe a milder censure then he that betrayes the smallest Fort yea if this were either good justice law or Lodgick the Defendant might argue that he who steales ten thousand pounds or murthers a man deserves not death but hee who steales thirteen pence halfe-penny or strikes a man ought to bee hanged without pitty The president and Argument therefore held à minori ad majus If these were condemned for their cowardly surrendring of those inconsiderable Townes and Castles before utmost extremity which did but little prejudice to the Republike then much more ought the Defendant to lose his head for yeelding Bristoll thus a place of highest concerment to the Kingdome which is almost lost in and by its losse And doubtlesse the Defendant who would not adventure his life to preserve such a most considerable City as Bristol to the utmost exigent would never adventure it to hold out any other inferiour places till the last but yeeld them up without resistance Since therefore it appeared by these presidents that the parties impeached for surrendring up any Forts were alwayes detained under custody during their tryall He desired the Councell the second time that Col. Fiennes might presently bee put under safe custody and judgement given against him according to these presidents and the Lawes of warre the rather because they were seconded by his own late judgement against Yeomans and Butcher whom he condemned and executed by Martiall Law only for endeavouring to deliver up Bristoll to the Enemy before it was fully fortified when as himselfe thus cowardly and traitorously surrendred it to them after it was fortified and abundantly furnished with all necessaries to hold out a siege their intentionall surrender being not so criminall or fatall to the Republike as his actuall When we had thus made good the severall Articles of our charge and fixed the losse of Bristol and the West too on Col. Fiennes who by his not denying it in his Answer to the fourth Article did thereby in point of Law confesse it The Colonell to free himselfe from this heavie charge took the boldnesse to translate it to one no wayes guilty of it averring before the Councell with greater impudency then verity That Bristol and the West were not lost by him but by Sir William Waller to prove this Paradox he produced severall impertinent Allegations casting sundry false aspersions upon that eminent Knight behinde his backe which he durst not have uttered in his presence Vpon which Mr Prynne humbly moved the Councell that a Gentleman of his worth and honour might not be thus publikely traduced where he was neither present to make his defence nor a party to the Articles desiring that either he might substantially prove this palpable slander by pregnant evidences or else be exemplaplarily punished for it Hereupon the Defendant first alledged that he sent Sir William Waller 1200 Foot out of Bristoll to wit Colonell Pophams whole Regiment very well armed who at the rout of Sir William neare the Devises lost all their Armes not many of these men returning thenceto Bristoll and those without Arms the losse of which Regiment so weakned the garrison that it lost both Bristoll and the West which he could not defend for want of men To which Mr Prynne answered first that Bristoll was not lost for want of men and that this Regiment was fully made up and supplied by the Defendant his owne confession with a great over-plus Sir William Waller not receiving above 7 or 800 Foot out of Bristoll in lieu whereof the Defendant raised 1100 or 1000 at the least besides those from Malmsbury Secondly
a case of Bastardy hee hoped this Honourable Councell would now answer the Advocate in this case of our Impeachment Nolumus leges Angliae mutare quae hucusque usitatae sunt approbatae and so allow us a publike triall to satisfie both the Parliament and People whose eyes are fixed on it else if it should be private they would be apt to report it was hudled up in a corner for which innocent expression as we intended it St Albanes and this Councell in respect of London and the Parliament being but a corner so much exceptions was taken in the House against our Petition In fine he alleadged that Col. Fiennes himselfe who had made such publike professions of his innocency both before the House of Commons His Excellency and the World in printed Speeches Relations Letters had most cause to desire and least reason to decline an open triall since Truth and Innocency seek no corners and his Honour his Honesty now openly charged could not otherwise then openly be discharged no triall being publike enough for him who presumes his Innocency able to endure and professeth a desire to bring it to the touch that it may be cleered And if he should now decline an open triall after so many publike Bravadoes in London and elsewhere it would draw upon him a just suspition of guilt in most mens opinions since no man fleeth the light but he whose works are evill Upon this the Lord Roberts demanded of Mr Prynne what he meant by a publike triall whether only the reading of the Articles Answers producing of witnesses and managing the evidence to make good the Articles or else the Councels private debates of the cause among themselves after the hearing To which Mr Prynne replied that he meant only the former of these the Iudges debates many times in cases of difficulty being private after hearings till they come to deliver their resolutions in publique Hereupon all were cōmanded to withdraw and then one of the Councell after a short debate was sent to his Excellency to know his pleasure whether the Triall should be publique as the Prosecutors desired or private who returned answer that is should bee private with which resolution the Prosecutors being called in were acquainted Mr Prynne upon this answer desired that he might put in writing the Reasons he had suddenly offered to the Councell for an Open Triall that so they might be presented to his Excellency for that as he conceived he had not been made acquainted with them who upon consideration of them might happily alter his Resolution Upon which motion the Councell ordered the Iudge Advocate and Prosecutors to repaire to his Excellency to acquaint him with the former Reasons by word of mouth which they did very briefly But the Advocate informing his Excellency that it was against the priviledges of the Councell that the triall should be open he answered that he would not infringe the priviledges of the Councell whom he thought we seemed to distrust by demanding a publike triall which distrust we utterly denied being confident of their impartiall Iustice Upon returne of this Answer to the Councell by the Advocate we only as over-ruled herein chose rather to submit to a private triall of so publike a cause then to have it reported by Fiennes and his masters of calumny that we declined a triall because we were unable to make good our Impeachment And we do freely acknowledge and so must Col. Fiennes himselfe that both we and he had a very full Patient Iuditious Honourable faire hearing scarce paralell in any Age or time which continued nine dayes space when as Bristoll was lost in lesse then three most of the Councell diligently taking notes of what ever was pertinently alleadged on either side The manner of the Triall being thus setled our Articles of Impeachment were first read and then his Answer delivered in writing unto them which he had time to prepare from their first reading in the Commons House where he took a copy of them till this day of Triall The Articles and Answer to them here follow in order Articles of Accusation and Impeachment against Colonell Nathaniel Fiennes late Governour of the City and Castle of Bristoll touching his dishonourable surrender thereof to the enemy contrary to his Trust and Duty exhibited by Clement Walker and William Prynne Esquires in the behalfe of the Common-wealth of England 1. IN primis That he the said Colonell Nathaniel Fiennes did suddenly apprehend imprison and remove Colonell Thomas Essex late Governour of the said City and Castle from his government there upon pretence that hee intended to deliver up the same not then fully fortified or sufficiently provided to withstand any long siege into the hands of the common enemies of the Kingdome and Parliament contrary to the trust reposed in him and that hereupon hee the said Col. Fiennes obtained the government of the said City and Castle for himselfe and undertooke to defend and keep the same to the uttermost extremity against the said enemy for the use of the King and Parliament and not to surrender the said City and Castle or either of them to the said enemies or to any other person whatsoever without the previous consent and order of the Parliament 2. Item That the said Colonel soone after hee became Governour of the said City and Castle did by Martiall law apprehend condemne and execuse some chiefe Citizens thereof Namely Master Yeomans Master Butcher and others onely for intending to deliver up the same to Prince Rupert when he came first before Bristoll not then fully fortified and stored though they did not actually surrender the same 3. Item That he the said Colonel did put the Parliament Kingdom Countrey and City to a vast expence in fortifying and furnishing it and the Castle thereof with Forts Sconces Canons Ammunition Armes Victualls Provisions of all sorts and with Garrisons sufficiently able to defend and mantain the same for Three moneths space or more against all the power of the Enemies that might or did come against the same and did likewise promise and undertake to divers Gentlemen and Inhabitants thereof to defend the same for so long space or more in case they should be besieged 4. Item That he the said Colonell notwithstanding the premisses when the enemy came before the said City and Castle with no extraordinary Forces or Ammunition able to force the same and besieged them not above three dayes at the most did before ever the enemy had taken any of the out Forts or Sconces about the same or had made so much as the least battery or assault upon the walls of the said City or Castle or any myne or breach into any of the Forts thereof contrary to his former trust promises duty and the honour of a Souldier most dishonourably cowardly and traiterously delivered up the said City and Castle with all the Prisoners Canons Ammunition Artillery Armes Military Provisions Magazines Victualls therein and the very Colours
his Excellencies sending of him thither to take in command the citie and his confirming him there as Governour with the Parliaments consent was a commission sufficient to make him Governour de jure Thirdly that if his Excellency commanded an Officer by word of mouth alone without a commission under seale to lead any Brigade out upon service or to take in any towne or castle as he had lately commanded Major Skippon to take in and fortifie Newport-pannell this was Warrant enough to make him Governour both of the Brigade Towne Fort and if he should betray or basely deliver up that Brigade Towne or Fort when taken in he should be condemned for it by Martiall Law as a Traitor and the want of a commission would be no excuse to acquit him from being a Governour and betraying his trust Secondly that he removed and sent away Colonell Essex from Bristoll Mr Prynne proved it first by his owne printed Letter and the depositions published by his direction in A full Relation c. page 4 6 11 12. where he useth these expressions Colonell Fiennes writes his Major Langrish who communicated unto me an order that he had received from his Excellency whereby he was enjoyned to send Colonell Essex to Windsor or the Parliament in case he saw cause for it and having given me reasons to see and know that there was cause so to doe he asked me whether I would assist him in the executions of it or no the which seeing cause for I promised to doe But it will be necessary here to annexe the reasons that caused Colonell Fiennes to put in execution the Order given him by my Lord Generall to send up Colonell Essex from Bristoll not as an accusation against Colonell Essex in this place let that be followed by those to whom it appertains but by way of vindication of Colonell Fiennes that he had done nothing herein but what the trust reposed in him and the safety of that important place did require him and that the rather because it begins so far to reflect upon Colonell Fiennes as if he had done him injury and there had been no plot at all but a plot to put himselfe in the Governours place The Malignants in the Towne taking up this and spreading it and adding strength to it by Colonell Essex his own speeches and carriages it will be a great injustice to him who hath done his duty and therein no inconsiderable services to be requited with calumny c. Besides Colonell Fiennes writes thus in a printed Letter to his Father My Lord c. I sent a Letter long enough and full enough of particulars concerning Colonell Essex and which I thinke were sufficient to satisfie any man that it was necessary be should be removed from hence before the Towne could be put in any possibility of security although he had not been touched in the point of his fidelity his being here I found inconsistent with the good and safety of this city and though there were no apparent proofe-of his falshood which I never affirmed yet there were shrewd grounds of jealousie as may appeare by the depositions whereof I have sent your Lordship a copy together with this Letter For my part so my Lord Generall and the World be satisfied that I had good reason to send him away from hence according to his direction I would not have things prosecuted too hard against him although I am very much deceived if many a Governour of a Towne hath not been called to an account in point of his Fidelity upon weaker grounds then those that I have sent Secondly by his owne expresse consession in the letter end of his Answer to the second Article though he denies it in the beginning that he did it not upon any pretended cause To the third That himselfe was never Governour of Bristoll Mr Prynne answered That it seemed he had carried himselfe so dishonourably in that Government that he was now ashamed or afraid to confesse himselfe Governour for searche should suffer for it else he could not have the impudence to deny it But since he thus denied himselfe Governour he would quickly prove him so First by his owne Warrants during his Government wherein he stiled himselfe Governour of Bristoll Secondly by his acceptance of that title from his Officers Souldiers the Committee and all others Thirdly by the Parliaments his Excellencies and owne Fathers entituling of him Governour of Bristoll in their Letters and directions to him Fourthly by his exercising all the authority and receiving the pay of a Governour Fiftly by the full Declaration concerning his March to Bristoll set forth by his Major Langrish who in his Letter from Bristoll March 6. 1643. pag. 3 4 6. stiles Colonell Fiennes Our Governour and Now Governour of Bristoll three severall times long before he had a commission to be Governour there Sixthly by his owne draught of an Ordinance presented to the House of Commons by the Lord Say for the settling of a sufficient Garrison at Bristoll printed by himselfe in his Relation made to the House of Commons concerning the surrender of the City of Bristoll pag. 17 to 22. in which we finde this Gentleman no lesse then eight severall times expresly stiled Colonell Fiennes Governour of Bristoll And are you not ashamed so confidently to deny that here in the presence of this honourable Councell which your selfe have so lately published to all the world Oportet mendancem esse memorem Seventhly in the very Articles of the surrender of the city and castle of Bristol to the enemy he intitled himself Governour witnesse the title of them Articles agreed on at the City of Bristoll between Colonell Nathaniell Fiennes GOVERNOUR of the said city on the one party and Colonell Charles Gerard and Captain William Teringham for and on the behalfe of Prince Rupert on the other party Iuly 26. 1643. And Article 1. That the Governour Colonell Nathaniel Fiennes c. Certainly if he were not Governour before to keep yet these very Articles prove he was then Governour to surrender it And now Sir take your choice If you were not Governour then you had no power to treat or surrender the City or castle and so must be condemned by your owne confession as a betrayer of them If you were Governour of them then you shew your selfe most unworthy your birth and breeding in denying it now especially since you have given an account in a printed Relation of your proceedings and surrender of Bristoll which is in Law a confession of this trust To conclude his Excellencies owne Proclamation posted up at Westminster by the Defendants procurement and summoning us to give information against him doth no lesse then three severall times together stile him Colonell Nathaniel Fiennes late Governour of Bristoll and therefore eternally concludes him to deny it The Colonell confounded with these unanswerable ARguments which Mr Prynne informed the Councell he pressed the more earnestly because his Governourship
without any the least resistance Ergo no act of courage but rather of discretion or distrusts Fourthly That at Worcester all the horse were routed and fled and his own and brothers Troops among the rest is no great Argument of their valours which received some blemish by that action And that hee and his brother were some of the last Officers of horse who there came off the Field it might be as well because they were in the reare of all the horse and so could not possibly flie out of the field before the rest as by reason of any extraordinary valour in them more then others and so no convincing proofe of valour in them Fifthly That his valiant charging in Sir William Balfoures Regiment at Edgehill where every man did valiantly and none turned their backs in all that Brigade whereof he principally glories and the Check to the Checker most tryumpheth in can be no speciall proofe of his courage since every coward will charge in Company where no man turneth his back and where there is greater danger in flying then charging However admit it were good evidence yet this is a very ill sequell if put into a logicall forme Col Fiennes charged valiantly with Sir William Balfoure at Edgehill Ergo he did not cowardly surrender Bristoll His second Argument to prove the surrender not cowardly was his not quiting of Bristoll immediatly upon Sir William Wallers defeat at the Devises and his raising of men armes and perfecting the works even after that to defend it when many of the Countrey Gentlemen left the Town and marched to London with Sir William Waller To which Mr Prynne answered First that hee did but his duty in all this which was rather an Argument of his deligence then courage Secondly That it had been the greatest treachery and cowardize in the world upon Sir Williams bare defeat to quit a City of so great consequence which hee was charged to keep by his Commission and in fortifying whereof hee had spent so great costs before the Enemy came before it who might probably as things then stood have no reall intention presently to besiege it upon that defeat Thirdly Extraordinary diligence in fortifying is the greatest Argument of feare and cowardise if not seconded with answerable prowesse in defending what is fortified a coward will sooner provide Armour of Proofe then a truly valiant man since therefore the City was no longer defended when fortified and manned this reason will rather convict then acquit him of cowardize Fourthly The true reason why so many Gentlemen then diserted the City was as themselves have confessed not for that they deemed it untenable but because they feared and discerned the Denfendant intended not to keep it to the last but to surrender it to the Enemies hand which he hath clearly enough confessed in his Answer Fifthly This Argument in verity is no more in effect but a Governour provides Armes Souldiers Canons Ammunition to defend a Town of importance or to encounter the Enemy and then surrenders it as he hath done in lesse then three dayes siege or runs away after he hath stood a charge or two Ergo he did not cowardly herein because he provided men and Armes whose valiant use not diligent preparation is the only proofe of valour His third argument was No man could have expected lesse safty of conditions then himselfe he only being excepted out of the generall pardon offered to the Souldiers and Citizens Ergo he surrendred it not cowardly To which was Answered First That it is probable his speedy unexpected surrender of the Town and Castle before extremity proceeded either from a fear to lose his life in holding them out till the last or a desire to purchase his Peace and Pardon out of which he was formerly excepted from the King with so rich a prize of consequence as Bristoll was which would most certainly procure it with infinite advantage to the King and greatest prejudice to the Parliament Secondly That if he could have expected lesse safty of conditions then any other for the reason alledged this should have rather engaged him to hazard his life in defending it to the utmost extremity then to yeeld it upon any termes prejudiciall to his own security which is first provided for in the Articles His fourth was That he could never have undergone more danger in the Castle had he held it then he did in the Guards which he diligently visited Ergo he surrendred it not cowardly To which was Answered He received no hurt at the Guards and lost but 6 or 8 men at most in the siege Ergo if he might with as little danger and losse have held out the Castle his crime and cowardize was the greater in surrendring it so dishonourably without stroke or once retiring to it His fifth Was from his cariage when the Enemies entred to prevent whose taking the City he had only two meanes left The first was to fire the Suburbs for which hee issued out a Warrant as his universall witnesse for every occasion Lievtenant Clifton affirmed a meere party and Delinquent who advised the Parley surrender and called all off the Line upon paine of death which warrant was not executed but revoked for want as he alledged of men to fire them The second was to fire the City behinde them and so to retreat into the Castle which he could not possibly doe without the death of many innocents men women children and ruining of many mens Estates A fact so horrid that his tender conscience would no wayes permit its execution hee being loath to begin so ill a president which would have infinitely redounded to the Parliaments dishonour Besides the Castle being not large enough to containe halfe his horse and foot and the streets very narrow he could not have retyred into it without great difficulty and danger of being cut off by the Enemy and those horse and foot which could not be received would have been utterly lost and exposed to the Enemies cruelty Upon which considerations only not out of any cowardize he did by Cliftons advise call a Councell of Warre and propound a Parly whereupon the surrender ensued Therefore it was not cowardly To which Mr Prynne replyed First That it is apparent by this Argument that if the Suburbs had been fired the City Castle might have been saved and the Enemies beaten out when lodged in the Surburbs Therefore he ought in this case both by the Common and Marshall Law to have fired the Suburbs to preserve the City Castle and must answer his negligence in not doing it his want of men to fire the Suburbs being a frivilous excuse since he had at least 2300 Garrison Souldiers and Mr Hassard the Gunner as he acknowledged to divers and Major Wood with others offered to beat or fire them out of the Suburbs but could not be permitted though it might have been done with ease the houses
the Line of Communication which the Enemies entred at Bristoll was the Principall Rampart as he pretended Therefore his surrender of it upon their entring the Line was justifiable To which was answered First that the Enemies entring the principall Rampart is no lawfull sufficient ground of a Parley or surrender no nor yet the taking of the principall Fort for the reasons aforesaid as long as the other Forts or Townes are tenable by holding whereof the Enemy may in time be repulsed out of the works they have entred If this were true Military Doctrine then London should by like reason be surrendred to the King in case he came before it together with the Tower as soone as the Line of Communication the chief Rampart were entred or any Out-Fort taken and an whole Army should yeeld the Field if one Troop or company of the Forlorne hope were routed Secondly Though the Line of Communication of Bristoll were entred in one only place yet not one of the Out-Forts was taken the body of the City defended by the Key and all that part beyond the Bridge together with the Castle the chiefest Fort Rampart Sconce and every Street in the Town both tenable and defensible as we have formerly proved therefore the Enemies bare entry within the Line of Communication only was no extremity at all to justifie its surrender in the judgment of any but extreame cowards Thirdly That the maintaining of such a cowardly Paradox to excuse this surrender was an argument it proceeded from cowardize and a sufficient proofe of a timorous spirit His second Paradox was That if the Enemy had once entred or possessed the Town the Castle ought not to bee kept to the prejudice of the Citizens but ought to bee surrendred together with the Town by the constant practise and policy of Warre in all places all ages in which he was so confident that hee challenged Mr Prynne to shew one president to the contrary and produced divers examples in forraigne Parts out of French Mercuries and Gallobelgicusses with some late examples at home to justifie this assertion as namely the example of Leypsick Mentz Philips-burb Prague Ausburge the Burse Breda and other Townes abroad of Portsmouth Exceter Lincolne Worcester Winchester Chichester Malmesbury Hereford Taunton Town and Castle Bridgwater Dorchester Dartmouth Lime Reading where he saith the Townes and Castles were both surrendred together and not the Castles held out when the Towns were taken yet none of these Governours were ever questioned by the King or Parliament And hee gave this reason to prove this Paradox that if Castles should hold out when the Townes were taken or yeelded it would much dishearten the Citizens and make them unwilling to entertaine or assist any Garrisons in the Castles To which Mr Prynne retorted retorted That this was the grossest absurdity that ever was broached by any man in his right sences and had hee not been intoxicated with a spirit of pusilanimity he would never have invented such a poor subterfuge or made such an ignorant challenge as this to save his endangered life For first Castles and Citadels in most Townes are usually the strongest most tenable most impregnable pieces of all others best able to resist and annoy the Enemies the Out-works Line and Towns themselves lesse tenable and resistible then they to argue therefore that the Castle ought to be surrendred as soone as the Town is entred or taken by the Enemy is in effect to averre That the strongest Fort of all must bee yeelded because the weakest part of all is entred If this were a good Souldierly argument then by the selfe-same reason if there were twenty strong Forts or Castles about a Towne and but one weake one the whole twenty strong ones though tenable must be yeelded because only the weakest one was forced the Lord Mayor of London in case that City were besieged might yeeld up both the Tower Town and all the other Forts to the King if the weakest part of the Line were but entred or Hide-Parke or Islington Fort once entred by the Enemy Yea by this kinde of Souldery if the weakest Troop or Company in an whole Army be routed the maine Body and Battalio of it must presently yeeld up themselves and the Field too because this weak party thereof is defeated and his Excellency at Edgehill fight where some of his horse and foot runne shamefully away upon the first charge should by this sencelesse policy have fled or yeelded and not wonne the day as he did with greater honour because the worst and weakest part of his Army was routed But since all men know that the strongest Forts and parties are to defend the weakest not the feeblest them and the Castles in Cities made more strong and tenable then other parts for this very purpose that they might hold out when the weaker parts are taken this being the only use for which they were built and made so strong the reason holds good on the contrary part that because the Town which is the weakest is taken therefore for this very reason the Castle which is the strongest part ought to be held out and not surrendered Secondly Castles in most Townes command the whole Townes where they are and those who are Masters of them are still Masters of the places and will soon regaine the Townes but if once surrendred the Enemies become presently absolute Masters of both and no hope is left of regaining either Town or Castle againe without a siege or infinite expence and danger Therefore there is all the reason in the world to maintaine the Castles to the utmost when the Townes are entred and not to yeeld them up together both to preserve the dominion of the place and regaine the Townes with ease and speed Thirdly As long as the Castles hold out the Enemy can enjoy little benefit by the Towns and have lesse security in them Besides their Conquest is incompleat lesse terrible not advantagious their progresse from thence to other places retarded unlesse they leave the Castles unbesieged And their forcing of the Castles will consume them farre more men Ammunition money then the entring of the Towns which without the Castles commanding them are little worth Therefore for all these reasons it is apparant that Castles ought to be kept by the constant exquisitest grounds and policy of warre when as the Towns themselves are taken or surrendred Fourthly Neither will this be a discouragement but the greatest incouragement that may be to the Citizens that the Castles must thus hold out to utmost extremity First because the persons and estates of the wealthiest Citizens will be there secured against the Enemies rage and plunder as the honest Bristolians thought to have saved their persons and estates by retiring into the Castle when the Town had been forced which were lost by surrendring it Secondly Because by keeping the Castles the Townes are certaine to bee preserved or regained in a
been bred a Souldier that I shall forbeare to trouble this honourable Councell so well versed in Histories and Warre with any more presidents of this kinde Sixthly To his objected presidents Mr Prynne answered First that they were only alledged not proved by witnesses or Records Gallo Belgicus being neither a legall testimony nor record to be given in evidence at a tryall Secondly That many of his presidents were forraign and it did not legally appeare what were the grounds of those Townes or Castles speedy surrenders which in all probability was want of food there being such a scarcity of it in Germany by reason of the long continued warres that few Towns or Castles were victualed for one fortnights siege and perchance they wanted Ammunition as well as food Thirdly It appeares not whether those Governours were not questioned and capitally punished for delivering up these Townes and Castles since we finde that in these late Germane wars some have been condemned and executed for yeelding up Townes too suddenly Fourthly many of our Towns he named had no Castles in them at least none fortified to keep out an Enemy Fifthly Although the surrendring and quitting of these Townes to the Enemy was connived at and never brought legally into question as the surrender of Bristol now is yet they deserved to be both questioned and punished as the quitting and yeelding of Taunton Dorchester Lincolne Banbury Oxford and other places And if so these examples can be no justification nor extenuation of the Defendants crime It is no plea for a Thief when taken arraigned to say Such and such Theives have robbed others and yet were never indited nor punished for their robberies Ergo my robbery is lawfull and I must not be condemned for it Had they been apprehended and indicted it had been no plea for them that some other thieves escaped without questioning therefore no justification nor excuse for him who is arraigned Yet this is the sum of the Defendants argument Other Governors in Germany and England who have cowardly and treacherously surrendred quitted Garrison Towns have not been questioned for it Ergo I must not be condemned nor blamed for my cowardly traitorly surrendring of Bristol now I actually impeached and convicted for it If this be a good plea to what end are Martiall Lawes Every Coward Traytor shall then scape scotfee though he undoe betray an whole Kingdome Seventhly Some of the Townes he instanced in were cowardly quitted or yeelded up upon his surrender of Bristol as Barnstable Dorchester c. whose losse must be put on the Defendants scorce As for the losse of Exceter which he instanced it was answered First that Exceter was besieged and held out more Monthes then Bristol did dayes being beleaguered aboue three Months space ere it yeelded and had he held out Bristol so long as he easily might it would have beene relieved in halfe the time and kept safe till now Secondly that the yeelding up Bristol was the losse of Exceter which was much discouraged by its ill president and left destitute of all hopes or probabilities of relief by its surrender being too remote for his Excellency to relieve it without endangering the losse of Kent London and Essex during his absence hence and there being no other Forces neare that could in any possibility or probability relieve it yet though it were thus hopelesse of all succours and much discouraged with the ill examples of Bristol Barnstable Dorchester Bridgwater Taunton and other Western Townes it held out till the principall Fort was taken and all their powder spent yea the Garrison Citizens were all resolved to have kept it with their Pikes and swords when their Ammunition was exhausted had they had but any probable hopes of succours from any part of which being utterly hopelesse they did for want of powder after above three Monthes siege surrender the Town and Castle upon somewhat more honourable Termes then the Defendant did Bristol Wherefore this president was so farre from justifying his ignoble act that it was a pregnant testimony and conviction of his guilt in not holding out Bristol three dayes when Exceter held above out three Monthes siege and spent all their Ammunition before they fell to Parley His third Paradox was That some Generalls had sentenced Commanders to death for being too obstinate in defence of Forts and standing it out overlong and that a French Author there produced affirmed it was a capitall offence to stout out a place overlong To which Mr Prynne answered 1. That this new Doctrine was certainely calculated only for that Meridian where this great Souldier was borne and fit for none but it Secondly That the Defendant was so far from this fault of stouting it out over-long that he deserves to lose his head for yeelding Bristol up too soone which certainly in all mens judgements is the more capitall crime of the two Thirdly That no one president could be produced in Story where ever any Governour of a Town or Fort was judicially condemned or executed by the Prince or State that intrusted him to keep them for holding them against the Enemy overlong And if the Defendant had been guilty of this crime wee would have been so farre from impeaching that we and the whole Kingdome should have honoured him highly for it though wee have both just cause to prosecuted him for the contrary for which sundry Governours have legally been condemned Fourthly That it was a most ingrate requitall to execute any man for his over-much valour and fidelity and if this were once allowed for Martiall Law it would quickly make all Governovrs Souldiers Cowards or Traytors therefore certainly the Defendant had much mistaken his French Author who writes only in generall that some have been put to death for stouting and holding out a Town overlong without defining by whom this was done He pretends it was done by those who intrusted them with the Townes of which no example can be produced but certainly the Author meant it only of the Enemies who have somtimes put a Governour to death when a Town hath been forced for holding it over obstinately out against them for which there are divers presidents And in this sence which doubtlesse is the true it suites very well to the Defendants case The poore man was excepted as he tells us out of the Kings pardon sent to Bristol and so like to suffer if he held the Towne or Castle till it were forced by the Enemy Wherefore to prevent all danger and save his best-beloved life hee thought good to avoyd the rigour of this Law by purchasing his impunity with the over-hasty surrender of them to the King and so by this unworthy shift Incidit in Scyllam qui vult vitare Carybdin Forfeiting his head to the Parliament and Kingdome to secure it from the King These three Paradoxes discovering a most unsoldierly cowardly untrusty spirit in the maintainer of them being answered Mr Prynne concluded his Reply
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 there 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. 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 Enemy 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 mouth of two or three Witnesses onely as the Scripture and our Saviour Christ resolves every vvord shall be established then certainely our Articles of Impeachment proved by such a cloud 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 to revive re-establish cleare his decayed Honour and Integrity which have been more impaired then repaired by all his fabulous Apologies FINIS In his Check to the Checker See here p. 118 When so many joyntly Petition both Houses for undelayed Iustice against grand Delinquents * Page 13. * By Mr. Sprig Mr. Beck and others * The head quarter was then at Windsor but his Excellency with most of his officers forces in London * To wit that in p. 5. at the Colonels own intreaty Wee read in Scripture that among the Iewes the Iudges sate openly in the City gates the most publike place of all * Stat. Merton 20. H. 3. c. 9. * Iohn 3. 19 20. a See p. 7. and his Letter to his Excellency b See his own Relation p. 8. †Page 9. and his Letter to his Excellency * Relation p 9. his Letter to his Excellency and Reply to Mr Walker * Mercurius Anlicus Aug. 7. p. 421. 422. a Procured by himselfe The Order was to send Col. Essex up if C. Fiennes saw cause who being desirous of his place resolved to see cause b Hee names none in particular and many of the Gentlemen disclaime this consultation and advice c Essex undertooke to make good the City and Castle to the Parliament when hee was removed by Fiennes if he never undertook the like then its cleare be removed him to the end the King might the easier gaine it d It s strang a man should undertake the charge of that he never undertook to make good e Why then did he remove Essex who was of a contrary opinion why did he fortifie and ammunition the City to the Kingdomes and Countreys vaste expence Why did he undertake the custody of it if it must certainly fall into the Enemies hand f Ergo He usurped the Government of Bristoll with this intent to surrender it up to the King without either the Parliaments or his Excellencies previous consents and in plaine termes not to keep but betray it to the Enemy
Cowling Major Wood Richard Linpon Ed Watlin Mr Hassard 2. 3. * Reply to Mr Wallers Relation * Ioan Battin Wil. White-horne Serjeant Gale Captaine Bagnall Tho. Munday * Capt. Bagnall Major Wood Wil. White-horne Serieant Gale Ioan Battin Mrs Hassard Thomas Munday Serieant Gale Maior Wood Col. Stroode and others Richard Winstoâ—e Capt. Husbands and others * See Mr Talboyes deposition * Rich. Butlers testimony Col. Stephens Col. Strode Mr Powell Major Wood Captain Bagnall Thomas Munday Rich Lindon Ed. Watlin Nich. Cowling Ioan Batlin Nich Coles Mary Smith Ethelred Huddy Mich. Sparks and others attest this Allegation 1. Answer 1. 2. 3. * Page 11. Allegation 2 Answer Matth. 12. 30. Allegation 3 * Page 9. Answer 1. * See the Doom of Trechery and Cowardize 2. * Col. Stevens Arthur williams Abel Kelly Maior Wood and others * Relation p. 7 * Page 6. hee writes he raised about 1000 or 1110 men and procured as many Arms within 5 dayes which added to his former Garrison of 900 makes 2000 foote besides those that came from Malmesbury and his horse And p. 11. hee writes hee thought to have saved a body of 300 horse and 1500 foot to the State by the surrender Ergo he had so many besides Citizens and others that would stay behinde 2. * Psal 27. 14. Ps 37. 7. Ps 62. 5. Ps 123. 2. Iob 13. 15. Ps 62. 8. Prov. 3. 5. Isay 26. 4. Isa 50. 10. a Ephes 3. 20. 3. * See Mr Dornyes Relation of that siege p. 1. Allegat 4. Answer a Rev. 21. 8. b Deut. 10. 1. 8 Iudg. 7. 1. 2. 3. Isay 51. 12. 13. Matth. 10. 26. 28. * See here p. 25. 26. Allegation 5 Object 1. Answ 1. 2. 2. 3. 4. See Mary Smith Ethelred Huddy Ioane Battin Ioseph Proud Mich. Sparke Nich. Collins Object 2. Answ 1. 2. 3. Object 3. Answer * Attested by Nicholas Collins and Mich. Spark Senior †See Serieant Hills Deposition * See Nich. Collins testimony Argum. 1. Answ 1. a Matth. 14. 28. to 32. b Matth. 26. 33. 34. 35. Ioh. 13. 37. 38. c Matth. 26. Mart 14. Luk. 2â— Iohn 18. a See the Depositions of Col. Stroude 11. Powell Captaine Bagnall Mr Hassard and others b See the full Declaration c. p. 4. 5. Argum. 2. Answ 1. 2. 3. c Hence as Plutarch writes the Spartians would not wall about their City placing their safety in their Armes not walls 4. 5. Argum. 3. Answer 1. 2. Argum. 4. Answer 1. Argum. 5. See the Relation p. 9. d 9. E. 4. 35 b. 12. H. 8. 16. b. Br Trespas 406. Dyer 36. b. e Attested by Col. Popham and others * Ioan Battin Mrs Hassard 3. 4. 5. 6. * Iames Powell Abel Kelley William Deane Mrs Hassard and others 7. * It himselfe or some of his had been Governours of it Argum. 6. Answer Argum. 7. Answer 1. * See Col. Stroodes Deposition his Letter to his Excellency and Remonstrance a Col. Stroods Deposit confirmed by Sir Iohn Horners testimony b Relations p. 9 c See both their Depositions d See Maior Dowets testimony e See the Doom of Cowardize Argum. 8. Answer f See the Depositions of Ione Battin and Mrs Hassard Argum. 9. * See his Letter to his Excellency p. 3. 10. called a Counceil of warre and proposed to them our condition and besides laid open unto them our small store of Ammunition c. Answer * Iames Powell Col. Strood Capt. Bagnall Abel Kelley a Cap. Bagnal William Deane Will. Whithorn Cap. Bagnall Major Wood. Wil. Whithorn * See his Letter p. 3. Iames Powell Mr Hassard Cap. Bagnall Col. Strood See the Articles of surrender Major Allen. Mr Baynton Major Woâ—d Mr Powel Captain Bagnall b See the Tragedy of Bristol p. 2. 3. 5. 6. Captain Husbands Rich. Winston Major Wood. a Page 11. Mr Browne Mr Pury b See his Relation p. 9. 10 11. Object 2. Answer * Mr Samuel Brown a Page 13. b See p. 8. 9. 10. 11. Letter to his Excellency p. 3. 4. c. †Yea himself by the way told Mr Powell and others he would not come to London but passe into France to avoyd the shame of this action * Mr Hodges and Mr Whetcomb can attest this Argum. 10. * See his Relation p. 9. 10. and his Letter to his Excellency Answer Object Answer Object Answer Mr Talboyeâ— Nota. Answ 2. * See his Relation p. 12. Lime hath done the like for sixe weeks space Answer 3. Ione Battin Arth. Williams Maior Wood. Page 9. 10. Answer 4. * See his Relation p. 11. Letter p. 3. 4. * Luke 17. 33. Matth. 16. 25. Iohn 11. 50. Mr. Powel Mr. Hassard Capt. Bagnall * Iohn 10. 11. What shall be judged utmost extremity to excuse a Governour and what not c. * See the Doome of Cowardize Treachery Object Answer * Page 1. 2 King 19. 35. Isa 37. 36. 37. 2 Kings 7. 2 Chron. 20. 22 23 24 25. a Acts 23. 13. 14. 9. Paradox 1. Answ 1. 2. 3. Paradox 2. †He should have added Banbury and Oxford to the Catalogue Answer 1. 2. 3. 4. 5. a Iudges 9. 50. 51. 53. * Eccles 9. 11. b Letter to his Excellency p. 4. Relation 9. c Livi. Rom. Hist l. 9. * See Graftons Chron. p. 211. 212. 213. a Yea Houden Annal. pars prior p. 461. stiles it Castrum fortissimum in William Rufus his reign 6. 7. Paradox 3. Answ 1. 2. 3. 4. * See his Relation pag. 13. * See Grimstons History of the Netherlands p. 827 828. * 7. R. 2. num 38 40. * Walsingham hist Angl. p. 327 to 330. Holinshed Speed Grafton in an 6 Rich. 2. Answer 1. Reply Answer 2. Reply Answer 3. Reply Calumny 1. Answer 1. 2. * Waising hist Angl. p. 337. See 56. E. 3. n. 23 Calumny 2. Answer 1. 2. 3. Calumny 3. Nota. Answer * The King himselfe cannot pardon a common nusans nor an offence or iniury against the Common-wealth without the Parliament nor any offeâ—ce where any private person shall have a particular interest as our Law-books resolve * See Obiection 7. in the Check a See his Commentary on his pretended Pardon The Prologue to all the well-affected Partie and Quere's Argum. 1. Answer 1. 2. 3. 4. 5. Argum. 2. Answer 1. 2. a Belgica Hist Vniversalis l. 13 p. 402. 403. 404. b Pag. 827. 828. c See here p. 21. a See the close of his Pardon * Artic. 7. * 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 Artic. 4. 6. * Artic. 8. * Article 4. 6. Nota. * Article Artic. 9. Artic. 9. This was the Defendants chief Officer and witnesse of whose judgement you have here a tast Artic. 7. * Artic. 4 5 6 7 8. Artic. 4 5 6 8. Nota. Nota. * Which were all surrendred * This Sir Iohn himself confessed on his Oath before the Councell Nota. Artic 4. 6. 8. Artic. 3 4 5 6 8. Nota. Nota. Nota. Nota. Nota. Nota. Nota. Nota. Article 7. Nota. * This Deposition came in onely occasionally by reason of the Defendants fals Allegation that we had been tampering with witnesses whereof himselfe was onely guilty * Master Sprigge the Lord Sayes Secretary who confessed the words Artic. 1. 2. 3. 4. 5. 6. 8. Nota. * Nota. * Never imployed either to repulse the enemy at the line nor in the sally * Nota. * He meanes a publike one * But 8 or 9. Nota. Artic. 4. 6 7. Artic. 4. 6 8. Mr. Hassard * Maior Wood deposeth hee confessed there were 70. Arth. Williams that there were 60. Cap. Bushell found there 70 double Barrels * Richard Butler deposeth 140. Granadoes not one of them used Article 6. 7. 8. Nota. Article 7. Artic 4. 6. 7. 8. Nota. Artic. 4 5 6 7 8. Nota. Artic. 4 5 6. c. Note this discreet reason Artic. 3. 4. 5. 6. 8. Nota. Artic. 3. 4. 6 8. Nota. Nota. Nota. Nota. Nota. Art 4. 5. 6 7. 8. Nota. Nota. Nota. Art 4. 7. 8. Nota. Nota. Art 3. 4. 5. 6. 8. Nota. Artic. 4. 6. 8. Artic. 4. 6. 8. Captaine Husbands attested the same that he had no notice nor Warrant from the Governour to surrender the Fort before he departed the Town Article 4. 5. 6. 8. Nota. Article 10. Nota. Article 10. Article 4. 6. 8. Nota. * Nota I doubt he will not make good the last part of his promise Article 10. Arti. 4. 6. 8. 10 Artic. 3. 4. 6. 8 Artic. 4. 5. 6. Art 4. 6. 8. 10. Nota. Nota. Nota. Nota. Art 4. 6. 8. Nota Artic. 10. Art 4. 6. 8. 10. Artic. 4. 5. 6. * Deut. 16. 6. Mat. 18. 16. * Heb. 12. 1. * See the Title of the Check to the Checker