a copie of the articles agreed upon at the surrender of the city of bristol betweene colonell nathaniel fiennes governour of the said city, on the one party, and colonell charles gerrard and captain william teringham for and on the behalfe of prince rupert, on fiennes, nathaniel, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a copie of the articles agreed upon at the surrender of the city of bristol betweene colonell nathaniel fiennes governour of the said city, on the one party, and colonell charles gerrard and captain william teringham for and on the behalfe of prince rupert, on fiennes, nathaniel, or - . p. printed for henty overton ..., london : [ ] reproduction of original in thomason collection, british library. eng rupert, -- prince, count palatine, - . fiennes, nathaniel, or - . macclesfield, charles gerard, -- earl of, ?- . teringham, william. bristol (england) -- history -- siege, . a r (wing c ). civilwar no a copie of the articles agreed upon at the surrender of the city of bristol. betweene colonell nathaniel fiennes, governour of the said city [no entry] d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a copie of the articles agreed upon at the surrender of the city of bristol ▪ betweene colonell nathaniel fiennes , governour of the said city , on the one party , and colonell charles gerrard , and captaine william teringham , for , and on the behalfe of prince rupert , on the other party , the . of iuly , . with a letter hereunto added , in which this copie of articles was inclosed : wherein is manifested how well those perfidious cavaliers have kept the said articles ▪ and may serve as a warning to the whole kingdome , how to trust againe the faith of such cavaliers . published according to order . london printed for henry overton in popes-head alley . articles agreed on , at the city of bristoll , between colonell nathaniel fiennes , governour of the said city , on the one party , and collonel charles gerard , and captain william teringham , for , and on the behalf of prince rupert , on the other party , the . of iuly , . that the governour nathaniel fiennes , together with all the officers both of horse and foot , now within and about this city of bristoll , castle & forts , may march out to morrow morning by . of the clock , with their full arms , horses , bagge and baggage , provided it be their owne goods ; and that the common foot souldiers march out without armes , and the troopers with their horses and swords , leaving their other arms behind them , with a safe convoy to warmister , and after not to be molested in their march by any of the kings forces , for the space of three dayes . . that there may be carriages allowed and provided , to carry away their bagge and baggage , and sicke and hurt souldiers . . that the kings forces march not into the towne , till the parliament forces are marched out , which is at . of the clock . . that all prisoners in the cite be delivered up , and that captain eyres , and captaine gookin , who were taken at the devises , be released . . th●t sir iohn homer , sir iohn seymoure , mr , edward steevens , and all other knights , gentlemen , citizens , and other persons , that are now in the city , may if they please , with their goods , wives and families , horses , bagge and ba●gage , have free liberty to returne to their owne homes , or else where , and there to rest in safety , or ride and travell with the governour and forces ; and such of them and their families as shall be left behind , by reason of sicknesse or other cause , may have liberty , so soon as they can conveniently , to depart this towne with safety , provided that all the gentlemen and other persons , shall have three dayes liberty to reside here , or depart with their goods , which they please . . that all the inhabitants of this city , shall be secured in their persons , families and estates , free from plundering , and all other violence or wrong whatsover . . that the charters and liberties of this city , may be preserved , and that the antient government therof , and present governours and officers may remaine and continue in their former condition , according to his majesties charters and pleasure . . that for av●yding inconveniencies and distr●ctions , the quartering of souldiers be referred or left to the ma●or and governour of the same city for the time being . . that all such as have carryed any goods into the castle , may have free liberty to carry the same forth . . that the forces that are to march out , are to leave behind them all cannon and ammunition , with their colours , and such armes as is before expressed . a copie of a letter sent from bristoll . sir , since my last unto you by the post , and the post hitherward intercepted by the enemie , the case is changed ; for on thursday last wee rendred the citie of bristoll , as by the articles here inclosed you may perceive , but what faith hath beene kept there after , let the robberies and spoyles of every particular person declare ; amongst which , i praise god , i am escaped with my life to the towne of southampton , with my sonne iohn ; but before i could come forth of the gates of the city of bristol , i was deprived of my money , plate , and baggage from behind my servants , who were throwne off their horses , and the same cut off their backes , and utterly lost , and themselves and their horses in like condition , for ought i know , and onely wee our selves , with some other gentlemen , escaped hither with our lives on friday night last ; and on saturday came in also the late governour of bristoll , col. fiennes , and his brother , with the remainder of the whole soulderie , who were served with the like sauce , such is the faith held with the present victors . my wife and family in all this time not knowing whether we are alive , or where we are ; nor know wee which way to send home , in regard all the wayes are full of the enemies sorces , unlesse the carryer of wells hold his course from london thither , which if hee doth , i pray let your man jonathan by that carrier , present his mother with a line or two of our safetie in this place and still beseech you , though our fortunes be altered , to shew your good affection to ionathan and ioseph , with my best respects to my loving gossip and your selfe , remaine your faithfull friend and servaut , i. p. southampton , july . . pray let your man ionathan write out two or three copies of this inclosed , and deliver one of them to my son chillingworth , with my love to him and my daughter ; a second to mr shephead , with my commendations , in hope to see him and you all , with what speed wee may , which should be very speedily , did not the kings horse lye in our way to london ; and a third to mr. peter va●depu●t , my commendations also to him and his wife , &c. finis . the honour of bristol. shewing how the angel gabriel of bristol, fought with three ships, who boarded us many times, wherein we cleared our decks, and killed five hundred of their men, and wounded many more, and made them flye into cales, where we lost but three men, to the honour of the angel gabriel of bristol. to the tune of, our noble king in his progress. l. p. (laurence price), fl. - ? - ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing p b interim tract supplement guide c. .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]) the honour of bristol. shewing how the angel gabriel of bristol, fought with three ships, who boarded us many times, wherein we cleared our decks, and killed five hundred of their men, and wounded many more, and made them flye into cales, where we lost but three men, to the honour of the angel gabriel of bristol. to the tune of, our noble king in his progress. l. p. (laurence price), fl. - ? sheet ([ ] p.) : ill. (woodcut). printed for i. wrigh[t, i. clark, w. thackeray, and t. passinger, [london] : between - ] attributed to laurence price. imprint suggested by wing. verse: "attend you and give ear a while ..." imperfect: cropped at foot, with partial loss of imprint. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ballads, english -- th century. bristol (england) -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the honour of bristol . shewing how the angel gabriel of bristol , fought with three ships , who boarded us many times , wherein we cleared our decks , and killed five hundred of their men , and wounded many more , and made them flye into cales , where we lost bus three men , to the honour of the angel gabriel of bristol . to the tune of , our noble king in his progress . bristol attend you and give ear a while , and you shall understand , of a battle fought upon the seas , by a ship of brave command : the fight it was so famous , that all mens hearts did fill , and make them cry to sea , with the angel gabriel . the lusty ship of bristol , sail'd out adventurously , against the foes of england , their strength with them to try : well victual'd , rig'd , and man'd and good provision still , which made them cry to sea with the angel gabriel . the captain famous netheway , so was he call'd by name , the masters name iohn mines , a man of noted fame : the gunner thomas watson , a man of perfect skill , with other valiant hearts , in the angel gabriel . they waving up and down the seas , upon the ocean main ; it is not long ago , quoth they , since england fought with spain , would we with them might meet , our minds for to fulfill , we would play a noble bout , with our angel gabriel . they had no sooner spoken , but straight appear'd in sight , three lusty spanish vessels , of warlike force and might ; with bloody resolution , they thought our men to spill , and how'd to make a prize . of our angel gabriel , then first came up their admiral , themselves for to advance , in her she bore full forty eight peices of ordinance : the next that then came near us , was their vice-admiral , which shot most furiously at our angel gabriel . our gallant ship had in her , full forty fighting men ; with twenty peices of ordinance , we play'd about them then : and with powder , shot , & bullets , we did imploy them still , and thus began the fight , with our angel gabriel , our captain to our master said , take courage master hold , the master to the seaman said , stand fast my hearts of gold : the gunner unto all the rest , brave hearts be valiant still ; let us fight in the defence of our angel gabriel . then we gave them a broadside , which shot their mast asunder , and tore the bolt-spret of their ship , which made the spaniards wonder : and caused them to try , with voices loud and shrill , help , help , or else we sink by the angel gabriel . yet desperately they boarded us for all our valiant shot , threescore of their best fighting men upon our decks was got . and then at their first entrance , full thirty we did kill . and thus we clear'd our decks of the angel gabriel . with that their three ships boarded us again with might and main , but still our noble english-men , cry'd out a fig for spain , though seven times they boarded us at last we shew'd our skill , and made them feel the force of our angel gabriel . seven hours this fight continued , and many brave men lay dead , with purple gore , and spanish blood , the sea was coloured red five hundered of their men , we there outright did kill , and many more were maim'd by the angel gabriel . they seeing of these bloody spoils , the rest made hast a way , for why they saw it was no boot , any longer for to stay , then they fled into cales , and there they must lye still , for they never more will dare to meet , our angel gabriel . we had within our english ship. but only three men slain , and five men hurt , the which i hope , will soon be well again : at bristol we were landed , and let us praise god still , that thus hath blest our men , and our angel gabriel . now let me not forget to speak , of the gift given by the owner , of the angel gabriel . that many years have known her , two hundered pounds in coyn & plate he gave with free good will. vnto them that bravely fought , in the angel gabriel . printed for 〈…〉 eben ezer, as a thankefull remembrance of gods great goodnesse unto the city of bristoll in preserving them from the forces of prince rupert without, and a treacherous plot within, to betray the city to them the seventh day of march . / t.p. dedicates this. t. p. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) eben ezer, as a thankefull remembrance of gods great goodnesse unto the city of bristoll in preserving them from the forces of prince rupert without, and a treacherous plot within, to betray the city to them the seventh day of march . / t.p. dedicates this. t. p. philipot, thomas, d. , attributed name. sheet ([ ] p.) for michael sparke senior, printed at london : . sometimes attributed to thomas philipot. verse - "o thou who dost excell the highest praise,". annotation on thomason copy: "march ". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . bristol (england) -- history -- siege, -- early works to . a r (thomason .f. [ ]). civilwar no eben ezer, as a thankefull remembrance of gods great goodnesse unto the city of bristoll, in preserving them from the forces of prince ruper t. p a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion official seal of bristol, england eben ezer , as a thankefull remembrance of gods great goodnesse unto the city of bristoll , in preserving them from the forces of prince rupert without , and a treacherous plot within , to betray the city to them the seventh day of march . t. p. dedicates this . exod. . . and this day shall be unto you for a memoriall . , ver. . it is a night to be much observed unto the lord . iudg. . . they that are delivered from the noise of archers in the places of drawing water , there shall they rehearse the righteous acts of the lord , even the righteous acts toward the inhabitants of his villages in israel . o thou who dost excell the highest praise , thou wonder-worker , life and length of dayes , thou never-failer in the mount to thine , onely wise , present , in each place and time , what brazen colume , or what marble stone , shall we ingrave thy noble acts upon ? this act , thy strange act , counterplotting those blood-thirsting ( foraine and domesticke ) foes ? o native city how canst thou be still ? what would'st have more thy mouth with praise to fill ? is health , or wealth , or plenty worth the having ? or seed immortall , sent thee for soule-saving ? or life , that blessings make the rest to thee matters of praise ? then sing a part with me . septembers seventh was thankfull for the scots , and we not for our selves , whose lives by lots like hamans bloody prodigy was cast this present march ? it might have beene our last , the rising sunne might warme our frozen brest , more then a falling . scots then , now we had rest . startle the muses , rattle up the quires , of sweetest musicke , citizens bonfires , let bels , and cannons roare , your joyes expressing ; young men and virgins , in your comely dressing , a way to church in flockes , the touling bell toules now for heaven , is not for death or hell : each streete is echoing praise , the sword is staid , the horned rammes in isaaks place are laid : so let them perish and indure disgrace , that traytors prove unto their native place . the king of heaven our gracious king preserv , but those that doe his grace pretend to serve , i wish they may prove upright , faithfull , good , but for to plot to shed their neighbours blood , as some have done , and in this plot would doe , they prove no lesse then king and kingdomes foe . o prince of peace , let it not seeme too great , that prince and peeres , and peoples hearts may meet , and all in unity and peace as one , build zions walls , and downe with babylon , till when , for mercies let us thankfull be , and untill then , never unbend our knee . so praise , and pray , and fast and pray agen , vntill the god of peace shall say amen . printed at london for michael sparke senior , . colonell fiennes letter to my lord general concerning bristol fiennes, nathaniel, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) colonell fiennes letter to my lord general concerning bristol fiennes, nathaniel, or - . [ ], p. printed by t. p. and m. s. for thomas vnderhill, london : . reproduction of original in thomason collection, british library. with: mercurius avlicvs, the two and thirtieth week, august , . eng bristol (england) -- history -- siege, . great britain -- history -- civil war, - . a r (wing f ). civilwar no colonell fiennes letter to my lord general, concerning bristol. this is licensed and entred according to order. fiennes, nathaniel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion august . . . ordered by the commons in parliament assembled , that this ordinance bee forthwith printed and published . h. elsynge cler. parl. d. com. colonell fiennes letter to my lord general , concerning bristol . this is licenced and entred according to order . london , printed by t. p. and m. s. for thomas vnderhill . . colonell fynes letter to my lord generall , concerning bristoll . may it please your excellencie . since the surrender of bristoll ( of which i desire to give an account before a councell of war ) i could not get any means to send to your excellencie ; and i would not have written at this time , but have my selfe waited upon your excellencie , but that i finde it necessary for me to stay here a day or two , to cleare my selfe of such aspersions as are most unworthily laid upon me in this citie , when i kept the town so farre beyond the enemies expectation , that they began to beleeve we had gotten some fresh forces into the citie , and held a solemne counsell of warre ( the results whereof i have , being found in colonell burkes pocket , whom we slew amongst divers other colonels and officers of qualitie ) whether they should proceed to fall upon the town by way of assault , or by way of approach . my lord , i held that large town with a handful of men against a greater armie then ever yet the king had together , foure dayes , being continually almost assaulted both by day and by night , and stormed by them in eight or nine places together , in so furious manner , as the like was never yet done in england , and the losse that they have received , doth testifie as much : for there are neere a thousand of them slain and maimed , besides a great many of their chiefe officers , amongst the rest , coll-lunsford , coll. buck , coll. trevanian , sir nicholas slaning , and divers others , and yet we lost not above eight men in service , and none of quality . the enemy was provided with all sorts of fire-works , as granadoes , fire-pikes and the like , and with waines full of faggots , and broad scaling ladders , whereon foure or six might climb up on a breast , and they made use of all those in a most desperate way , driving their wains of faggots into the ditches , and climbing up with their fire pikes and granadoes in their hands , to the very portalls of our great ordnance , yet they were beaten back in or places together , and entred only in one place where the works were not perfected , there being no ditch as yet made , nor any foot-bank within side the breastworks ; notwithstanding all this , and that they had entred the suburbs , and drawn the whole body of their foot to that place , yet our souldiers sallied out both horse and foot upon them , as they lay in the suburbs , and beat them back from street to street an hour and halfe together ; but being overlaid with fresh companies , one seconding another , wherein we were not able to answer them , though they beat the enemy back most courageously at the first ; insomuch that many of them ran away , threw down their arms , and cried for quarter , yet being long overborn with fresh men which the enemy still drew down upon them , they were forced to retreat into the town ; and then and not till then , the souldiers began to be disheartned , and whether out of wearinesse , or being discouraged , having been dayes & nights together constantly upon duty , and in fight without any reliefe ( for we could make no reserves ) they began to slink away from their colours and guards , and get into houses , do what their officers could , so that of . companies , i could not make men , although i proclaimed that all those that were upon the guards , should repaire to their guards ; and those that were not , should repaire to the marsh , and that there they should receive both money and victuals , but i could not get them to their colours or guards , although the enemy lay ready on the other side of the key ( which at low water , which then it began to be , may be waded over ) to fall over into the town , and no doubt in that condition that our guards were then in , both upon the key , and in the marsh , they might in lesse then halfe an houre , have fallen into the town by force , and used their pleasures both upon the souldiers and upon the citizens . finding our selves in this condition , i called a councell of warre , at which also sir john horner , mr. stevens , and other gentlemen of the countrey , were present , i proposed to them our condition , and besides laid open to them , what store we had of ammunition , that we had not of powder above french barrels ; and of match for above a dayes space ; that the castle it selfe , the works not being finished , was not tenable above a day or two , for that the maine wall would be battered in two severall places , and that we had no expectation of reliefe against such a potent army wherewith we were besieged , in one , two or three workes . at the same instant , mr. major , and the sheriffes did earnestly intreat us , that seeing we could not keep the place , we would not ruine so famous a citie to no purpose , nor expose so many mens persons and estates to violence and plundering . vpon all these considerations , it was unanimously resolved , that we should entertain a treaty with the enemy ; and that if we could have reasonable conditions , that it were far better to save so many commanders and souldiers both of horse and foot , and so many honest mens persons and estates , as well of our friends in the citie , as of gentlemen and others that came out of the countries adjacent , then to expose them all to destruction by attempting in a furious and mad way to defend the towne or castle for two or three dayes ( if we could have held it so long ) without any hope of holding them any longer , for i will put it upon that issue , and without any hope or expectation of any reliefe within that time , or a longer time after . vpon the treaty all things almost which we demanded , we obtained , excepting the arms of the common souldiers , and our colours , which being poynts of honour , i was resolved to have insisted upon , and so we brake off for a while . but upon the earnest suit of the major and citizens , and others , called together my officers , and fell into a serious debate concerning it . and when i was very resolute not to quit the point , very many of my captains came in and told us , that they could not get six of their companies together , and that they ran away apace to the enemy over the key , it being now low water ; whereby they not only shewed to the enemy , that our men were disheartned , and that they should have found but slender opposition ; but also they shewed them the way how they might readily fall over into the towne , so soon as the treaty should break off , which undoubtedly they had done , and given us little leave to retreat into the castle , or anywhere else , i must confesse this castle the ballance in my thoughts , that caused me to yeeld to that article , which otherwise i would never have done , supposing that we should quickly find armes againe , preserving the horses and men of my regiment of horse and foot ( which had conditions been kept with me , i had preserved . ) i have given your excellence a true account of the carriage of this unhappy businesse , and of the causes of the surrendring of that citie and castle , together with the conditions whereupon they were yeelded up . all which being considered and proved , as it shall , by many witnesses , against whom there can be no exception , i hope i shall not only stand clear in your lordships eyes , and the eyes of all the world , but that it shall be acknowledged , that i have done most faithfull service to those by whom i have been entrusted ; and that in truth ( which every indifferent man sees ) the unhappy disaster which befell sir william wallers army , did necessarily involve the fate of bristol , both because i had unfurnished the citie with men and ammunition , to supply that army : and it was necessary for me so to do , because the city was never put into a condition to subsist of it selfe against a royall army , although i was not wanting to represent the importance of the place , and the means how it might be defended in certain propositions which i long since sent to your lordship , and which were by your excellency earnestly recommended to the committee , but they were not brought to any effect . what my care and pains hath been to preserve that citie , having the whole burthen thereof for the providing of men , arms , ammunition , and all sorts of provision cast upon me , having armed foot , and horse , and paid constantly foot and a regiment of horse , for foure or five moneths together , without ever having above pounds from the parliament , and l . of the custome moneyes : what hath been my toil and labour to get moneyes for these uses , without troubling the parliament , how little advantage i have made for my selfe , how ready i have been to furnish sir w. waller with men , arms , ammunition , money , and all sorts of provision , ( that i may say nothing of the hundreds of his maimed souldiers that have been cast upon my care and charge ) i leave to my greatest enemies to speak the truth : for i know there cannot be found in the world so great malice as to deny it ; and i appeal to him that knowes all things , to judge between me and those that expect a greater tale of brick from me , and will not affoord me straw wherewithall to make it ; and i shall appeal to your lordship , and all indifferent men , whether more could have been done by me , when as after the defeat of sir w. wallers army , i had left onely men to defend that citie against two such armies as came aginst it , nor so much as one peny of money to raise more men , provide armes , or pay those men i had already ; yet god inabled me in five dayes , to raise and arm men more , and with those men , and that ammunition i had left , i made that defence that i have done , of which i am sure i shall never have cause to be ashamed of , nor do i beleeve that your lordship will be ashamed to own me still , as your excellencies most humble servant , nath. fiennes . we whose names are under-written , do know the narrative part of this letter to be true according as it is here set down . john horner , john fiennes , john clifton , gabriel homes , tho. raulins , henry archbould . john birch , edward tyson , robert johnston chr. stokes , robert bagnall . finis . mercvrivs avlicvs , communicating the intelligence and affaires of the court , to the rest of the kingdome . the two and thirtieth vveeke . sunday . august ▪ . you heard last weeke of the affrights and terrours which the prevailing faction in the pretended houses were fallen into , by reason of the sad condition of their affaires in most parts abroad ; and shall now heare of the confusions and distractions they are in at home : the vpper house bandying against the lower , the lower at a rupture amongst themselves , and the army in as great distemper as both the houses . for it was certified this day ( and had beene rumoured two or three dayes before ) that the lords had ordered that the earle of portland and the lord conway should be bayled ( whom formerly they had committed upon a generall impeachment from the house of commons ▪ ) and though it was much pressed by master strode ▪ that there would be no sitting for them , if those lords were released and restored to the freedome of their votes againe ▪ yet the order stood , and the two lords were bayled accordingly : foure of the peeres which heretofore had dearely cherished the proceedings of that house , being bound for them ; which added much unto the heat and fury of their discontent . as also that two bills being sent up to the lords , the one for levying the estates of all whom they stile malignants , according to the newly enlarged ordinance for sequestrations ; the other for the continuance of the weekely assessements , were both rejected by that house . which moved master martyn to propose , as he had done before on the like occasions , that they would passe them of themselves without the lords , whose suffrage and consent he conceived as unnecessary as the kings in things pertaining to the commons : but wiser heads thought fitter to passe by the motion , they being now in no condition for so great a breach . as for the lower house it was also signified , that on the rising of the house on saturday july . master pym moved that they would heare some propositions from the earle of essex : but the house having all that day attended the leisure of the close committee without doing any thing , would not be perswaded , but rose immediately ; to the great disgust of that committee , who formerly had beene looked upon with more observance . but this was but the beginning of a greater storme . for at the next meeting it was moved that the close committee should be dissolved , many considerable men inveighing bitterly against it , as the cause of all those miseries which afflict this kingdome . and when that could not be effected ; it was proposed and carried at the last by the major part , that a committee should be nominated to take an accompt of the close committee , and of all others which were trusted with receipts or disbursements of money ; and that none of the close committee , nor any which had fingered any of the publick moneys was to have a voyce in it : it being affirmed in the house , that great summes of money had beene drawne from the citie and country ( to the summe of three millions at the least , as was before alleadged ) whereof although the earle of essex had not received l , waller and fairefax both not above l , yet the armies were continually in want of pay . and though strode and others of the close committee did oppose it openly , saying , it called that power in question which had beene given them by the house ; and used all cunning artifices , and underhand devices not to have it passe ; yet it was carried in the end ▪ the lords concurring also in it , and nominating a committee of their house to the same intent . which hath begot such true fears & jealousies ▪ & raised such a distrust of one another , that it is thought the houses will be too hot for some potent members , who heretofore did governe the affaires of both , and were as uncontroulable amongst them there , as ever were the tribunes in the state of rome . last of all for the armies , it was thus advertised that the earle of essex finding himselfe abused in pictures , censured in pulpits , dishonoured in the table-talke of the common people , and a designe on foot of raising a new army , under the conduct of sir william waller , which would soone put an end unto his authority , made complaint of it to the lords , by them to be communicated to the other house : requiring that his army be forthwith paid , and furnished with cloathes and all other necessaries , his broken and diseased forces presently recruited , reparation to be given him in point of honour , for all the calumnies and scandals which falsely ( as he saith ) have been laid upon him , that waller be called to an accompt for the losse of his forces in the west ; and finally , that no commission may be issued out to any one to have the charge and conduct of any forces , but by his authority . which bold demands , though very unwelcome to the citie-faction in the lower house , who had resolved otherwise amongst themselves ; yet the lords ordered for their parts ( referring the payment and clothing of the souldiers to the care of the commons ) that his army should be first recruited before any other forces raised , that he and his army should have reparation by a declaration of both houses , for all the scandals vented against them , that the miscarriage of the businesse in the west should be examined , and the blame laid on those whom it did belong to ; and finally , that whosoever was appointed to any charge or command , should take his commission from his excellencie onely , and depend on him ; and that he should have power to call backe such commissions , as hee saw occasion . and it is further certified , that though these votes may give content unto the generall , which was the matter most intended , yet doe they yet much displease the faction in the house of commons , and infinitely distast the citizens , who are resolved to raise neither men nor money , if waller may not have ordering and disposing of them , and this they sticking not to say openly as they walke the streetes . and on the other side , waller , and those who have before served under him are so inraged by these votes , that an implacable and deadly feud is very like to grow amongst them , so as there is some hope when these plundering theeves once fall out , true men will come the sooner to their goods . monday . aug. . we have beene long in the intelligence of the former day , but shall be breifer in the next ; the most of which comes from london also . for it was certified from thence , that they were more disanimated at the losse of bristol ( when first the newes was suffered to be knowne amongst them ) then at all their former losses in the north and west ; and that assoone as the newes came unto the houses , the prevalent faction there gave exeter for as good as lost , especially since the earle of warwicke was come thence with his fleete , and had done nothing towards the releife of it , but added much unto their desperate condition by being so shamefully repulsed . and it was also certified that they had other feares which did more afflict them , upon the sight of certaine letters from the major of plimmouth to the earle of warwicke , in which was signified that sir alexander carew , and master thomas arundell their governours of the fort & island of plimmouth , were suspected to incline unto the king : which did so startle them , that presently they caused letters to be sent unto them , commanding them as members of the house of commons to returne to westminster , to doe their service to the house . but it was thought the gentlemen had heard too much of hotham , to put themselves into their hands , who shew so little favour unto those that deserved best of them in their present rebellion . it was also certified from bristol that for a speedier ending of the siege of exeter , and the totall reducing of the west under his majesties command , ( that so his armies might unite for some other service ) prince maurice with the cornish forces and some troopes of horse , with many gallant gentlemen who would needes attend him in the action , was gone towards devonshire ; whose going thither , as it was generally conceived , would quickely put an end to that businesse . as also that for the setling of the affaires of bristol , his majesty had made that noble and deserving gentleman sir ralph hopton governour of the towne and castle ; and under him , that valiant colon . vvashington lieutenant governour of the castle , to the generall content of all men . it was also signified from london , that this last weeke hath beene a terrible weeke of newes to that falling faction . for besides the deadly newes from bristol ( the losse whereof doth more astonish them then all the rest of their misfortunes in the north and west ) and that they have given exeter for as good as lost : they have beene miserably vexed with letters from gloucester , coventry , and warwicke , complaining of their severall wants , but specially of the backwardnesse of the people to make good those places , or contribute to the worke , as formerly , since this change of things ; and plainly signifying , that unlesse speedy supplies be sent of men , armes , and money , ( neither of which the pretended houses can afford them at the present time ) they are not able to hold out against his majesties forces , but of necessity must give up those townes on the first assault . tuesday . august . it was advertised this day that the prevailing party in the house of commons had refused to concurre to many of the votes , which had beene passed by the lords in favour of the earle of essex ; which breedes ill bloud , not onely betwixt them and the lords , but betwixt the soldierie and them : and that considering that no commission must be granted but by and from the earle of essex , the independent army which was so much talked of , is come to nothing ; insomuch that sir william waller hath not yet listed above of the which the city promised him . and it is further certified that the towne is very much divided about the businesse of bristol , some imputing the losse of it to fines , and some to waller , according as they stand affected to either party : and that the disputation grew to so great an height betweene sir william and my lord say , ( who you must thinke would not allow his sonne to be a coward , though he can cherish him in a murther ) that the lye passed betweene them . as also , that sir william waller begins to be discontented with his friends the citizens , who so much admired him being absent , and promised him such mighty matters , if he would honour them with his presence . for whereas on the first of this present august , he went into the new artillery yard to list those multitudes of men which had long expected him ; the appearance was so thinne and small , that he was very much ashamed of the disappointment . and when the new committee nominated in the citie petition , told him that was no place to doe the feat in , but they would goe presently to haberdashers hall , and appoint commanders to receive them ; and then hee should see with what alacrity the people would come in unto him : that on the other side did as much offend him , to see he should not have the nominating of his owne commanders . so that , for ought we can perceive by the preparations , the conquerour is like to adde little to his westerne victories by the citie army . it was advertised also that some of the more peaceable lords ( to say no worse ) taking advantage of the slow successe which waller found in raising his army , and of their losses in the west , proposed the renewing of the treaty ; desiring that such propositions might be sent his majestie , as they might reasonably hope would be hearkned to . which being agreed on by the rest , and a committee named for the propositions , they drew them to some certaine heads , such as might give some little shew of satisfaction to his majestie , but more security unto themselves , and a free pardon to all those who have beene either instruments or authors of this rebellion . and yet this pleased not my lord say , who by chance was absent , and therefore when he came next into the house , he laboured very earnestly to have them altered , and prevailed in it at the last . insomuch , that whereas it was first agreed on , that the ships , forts , townes , magazines , and revenues should be delivered to the king , without any condition ; and if the parliament should be adjourned to some other place , being the only points in which there was any shew of satisfaction to his sacred majestie ; he obtained to have both of them altered , and put into such generall termes as might best suite unto the humour of his friends in the other house . but being the businesse stayed not here , but brake out into greater and more publike heats ; you shall heare more of it after a day or two . wednesday . aug. . it was advertised this day that the castle and isle of portland ( wherof st edw. sydenham knight marshal was & is governor ) were reduced againe under his majesties command , which had beene taken by the rebells about march last . the manner how it was regained is reported thus . a gentleman well known unto the rebells which had the guard of the castle , and used to be much there for his owne safety and preservation in these dangerous times , came to the noble earle of carnarvon , and gave him very good assurance that if he would trust him with of his men he would forthwith make him master of the isle and castle : the earle considering that the castle and isle were richly worth the adventuring of muskets , having taken so many armes at dorchester , condescended he should have them : which being obtained the gentleman furnished them with parliament colours , and making towards the castle with so confused a speed as if he fled from an enemy , called upon the guards and told them he had brought some parliament forces to make good the place ; but that they were pursued so closely by the earle of carnarvon ; that if they had not speedy entrance they should all be lost . this was no sooner heard by the credulous rebels , but all the hast was made that could be to set open the ports : at which his majesties soldiers entred , and seizing on the guards , who looked not for such unwelcome visitants ▪ made themselves masters of it without further trouble . a place of very great importance , as having the command of the haven and towne of weymouth , against which it lieth , and as the case then stood , of most infinite wealth , all the rich houshold stuffe and treasure which had beene taken by the rebells out of wardour castle with a great deale more of goods plate and money , being stored up there . it was also certified from those parts , that poole melcombe , & weymouth which were in treaty with the earle of carnarvon ( as you heard the last weeke ) upon the yeelding up of dorchester , have since submitted to his majestie : so that all dorsetshire is totally reduced againe to its old obedience ; which cannot but very much conduce to the dispatch of the worke at exeter , and consequently to the absolute and finall setling of all the west . and it was also signified , that a ship of his majesties navy called the charles , being the ship of the second ranke , had left the earle of warwick , and was come to folmouth , according to his majesties proclamation of the of july . nor is it ( in my mind ) without some good omen , that the first ship of strength and burden , which did obey that invitation should be the charles . thursday . august . . it was advertised this day that the lord capell with his forces appeared before the walls of namptwich , in hope to finde them in a disposition of returning to his majesties service ; considering how his majesties affaires had thrived and prospered , not only in raising the siege of chester , but in cleering of the north and west from the power of the rebells . but finding them continue in their wonted obstinacy , he fell off againe , and retreated safely to his owne quarters , with the losse of sixteene only of his men . and on the other side to make amends for the defailement of this hope ( for it was no more ) we had intelligence this day , that the lord willoughby of parham being gone from gainsburgh , on his redelivery of that towne , had recovered lincolne . but seeing an impossibility that either cromwell should time enough recruit his beaten and distracted forces , or that hee could receive any seasonable supplies from london ; on the first newes that the earle of newcastle was comming towards him , he forsooke the place , and made what hast he could to boston : leaving the city and close of lincolne , which he had nested in so long , to be the next example ( as we have had very many lately ) of gods great mercy to his sacred majesty . it was also signified this day , that the heates in london ( according to the season ) doe still increase ; and that the discontents which have late beene growing betweene the remaining partie in the two houses , are at the last improved to a sedition , if not unto a civill warre amongst themselves . for howsoever the lord say had so farre altered the propositions , intended by some peaceable lords to be presented to his majesty , as to make them of a better relish to the lower house : yet when they came into that house , they were very eagerly opposed , and the house continued sitting untill nine at night ; in hope such men as durst declare themselves to be well-affected , would be wearied with their long debates ; and they of the malignant faction , might there carry matters upon that advantage as they had done formerly . but finding that they sate it out , and carried it for the propositions by the major part ; they had no other way to effect the businesse , then to returne againe to their former practices , and bring downe their city club-men to awe the members of both houses , and repeale those votes . and so accordingly they did . for the next day , being sunday last , they had so fashioned and prepared their partie in the city of london , that printed bills were set up on the church dores , ( and somewhat you must think was done in the pulpits too ) a copie whereof wee here offer you . all such as desire there may be a generall raising of the people against those irish rebels , and blood thirsty papists now in armes , ( fully purposing to destroy us , our religion . lawes and liberties ) are desired to meet at westminster hall , to morrow morning by nine of the clocke , being the seventh day of this instant august ▪ to move the parliament that this may be put in speedy execution . twenty thousand irish rebels are appointed to come over against us . according to which intimation , the rabble came in such multitudes , and with so great clamour , that such of the lords and commons who had favoured the propositions , were forced to take boate and make hast towards kingston , where the earle of essex then lay with that part of his forces , which gods hand and the kings sword had left alive : conceiving that the declaring of themselves in favour of him ( of which you heard at full before ) had beene sufficient to oblige him fast unto their partie . but contrary to their hopes and expectation they found him so resolved for the other side , as they were faine to dispose otherwise of themselves . and it is said , that , notwithstanding those indignities which have beene offered to him by the city faction , he is so much inclined that way , that upon notice sent unto him , that the women had made an uproare in demand of peace , he sent some troops of horse amongst them , and killed three of them : for which ( and some other former courtesies ) that sex will ever honour him and his posterity . on wednesday last a partee of horse ( about fifty ) were sent out from banbury towards towceter ( commanded by captaine james chamberlaine ) twenty of this number divided and went towards northampton ; the other thirty within lesse then a mile of towceter met with the rebels forces , in number about one hundred and twenty , commanded by captaine lawson , which though they had so great advantage in number , yet captaine chamberlaine very valiantly charged through them with part of his men , ( his rere falling off from him ) and with that small strength maintained a sharpe fight with them above halfe an hower , wherein he received many wounds , and at last was shot dead through the head , and one of his men also . of the rebels there are at least sore wounded , as by intelligence from northampton ( where they are ) is certified , and five were carried away behind them dead from the place . one left on the ground , and captain lawson himselfe wounded . this gentleman was the youngest brother to sir thomas chamberlaine now high shriffe of this county , and was in most of the principall fights , at worcester , keynion , brainsford , &c. where his valour was eminently manifested , and by this last action wherein he lost his life , hath added further to the honour of that worthy and loyall family . friday . august ▪ . this day wee were certified by letters from yorke , that about foure hundred of the rebels of lancashire came stealing into yorkshire , hoping to have surprized some of his majesties horse quarters about halifax ; which being timely perceived by sir francis mackworth , he fell upon them and routed them , killed above forty in the place , and tooke fifty , the rest ( as they were taught ) ran away , and escaped by the advantage of the place . at coventry they pull downe many houses of the suburbs , and tell the people that the kings army is marching towards them with twenty pieces of ordnance , and they had some reason ▪ for this day we received an expresse that his majesty yesterday sate downe before gloucester , and sent in a most gracious summons to the city , in these very words , out of our tender compassion to our city of glocester , and that it may not receive prejudice by our army , which we cannot prevent , if we be compelled to assault it , we are personally come before it to require the same , and are graciously pleased to let all the inhabitants of , and all other persons within that city , as well souldiers as others , know , that if they shall immediatly submit themselves , and deliver this our city to vs , we are contented freely and absolutely to pardon every one of them without exception ; and doe assure them in the word of a king , that they nor any of them shall receive the least dammage or prejudice by our army in their persons , or estates ; but that we will appoint such a governour , and a moderate garrison to reside there , as shall be both for the ease and security of that city and that whole county . but if they shall neglect this profer of grace and favour , and compell vs by the power of our army to reduce that place ( which by the helpe of god we doubt not we shall be easily and shortly able to do ) they must thank themselves for all the calamities and miseries must befall them . to this message we expect a cleere and positive answere within two houres after the publishing hereof ▪ and by these presents doe give leave to any persons safely to repaire to ▪ and returne from vs whom that city shall desire to imploy unto vs in that businesse . and doe require all the officers and souldiers of our army ▪ quietly to suffer them to passe accordingly . but this rebellious city answered , that they would obey his majesties commands as they were signified by the two houses of parliament . and now let the world judge if his majestie could have sent a more gracious message to his most loyall subjects , and whether these desperate rebels deserve any mercy , who after so many offers do still refuse a pardon . but since their returning this rebellious answer , they have set their owne suburbs on fire , which surely is not to keepe the city either for the king or parliament . yet his majesties forces quenched the fire , and in spight of the rebells , entred the suburbs where still they are , and have already raised mounts , and digged trenches so neare the city wall , that i dare promise you ( god willing ) a very speedy account of the siege of gloucester . saturday . august . this day newes was brought to town of sir william waller's extraordinary progresse in raising the great army intended for him . you heard before how the good women flocked to westminster on tuesday last , to cry out for peace ; three of the which were killed directly in the place , and thirteene or fourteene more most shrewdly wounded . and the next day , to shew the men were better studied in the point then so , came downe some or of the usuall hacksters , which had beene alwayes ready for such purposes at a minutes warning ; and they cryed no peace . and being told by some who were appointed to returne the answer , that they who were for the continuance of the warre , ( as every one of them seemed to be ) should goe to haberdashers hall , and there list themselves under the conduct and command of sir william waller : it wrought so much upon the courage of those gallant spirits , ( reader , thou canst not choose but wonder at such monstrous forwardnesse ) that of men which would have no peace , no fewer then fifteene sturdy fellowes ( in words at length and not in figures ) listed their names upon the roll to pursue the warre . and some of those perhaps may see gloucester one day . it was advertised this day also , that of the rebels by the appointment of sir william brereton , have laid siege to eccleshall castle in staffordshire , ( an house belonging to the lord bishop of coventry and lichfield ; ) the greatest part of those who are shut up in it , being ladies and gentlewomen of that county , who purposely came thither to secure themselves in these times of danger . and that they are so gallantly resolved upon it , that though their victuals doe begin to faile already , they meane to stand upon their guard and defend the place ( in hope his majestie will relieve them e're it come to that ) as long as they have horse flesh , water , and old leather left to preserve nature . which as it shewes the bravery and courage of those noble ladies , so is it an infallible argument of the incivility and rudenesse of those barbarous rebels ( who regard neither sex nor quality of persons ) from whom the best that can be looked for , is more unsufferable then the miseries of warre and famine . this day there came to towne from london , the earle of lindsey ▪ lord great chamberlaine of england , and sir george radcliffe ; the first tooke prisoner at edge-hill , the second made a prisoner by appointment of the house of commons at the beginning of this parliament : but by what meanes and accident they are at liberty , is not yet made knowne to mee . but because the rebels are now so farre vanquished , that they dispaire of their designes , they resolve ( like bloudy cowards ) to make use of all base advantages , for which end they are now beginning to ship away beyond sea such of his majesties good subjects as are in their custody ; and wee were this day informed , that mudford alias murford ( that infamous brownisticall governour of southampton ) hath this weeke taken a learned ingenuous gentleman one mr jones of lincolnes inne , and others out of prison , and sent them by sea to new-england , or some such other place as the devill and they think fittest for their punishment , making the said master jones to passe through the streets by his owne doore , but would not suffer him to take leave , or speake with his wife , or any other friend or kinsman to furnish him with linnen and other necessaries for this unexpected voyage ; and that yesterday their brother rebels at london conveyed colonell goring ▪ sir george sands , sir john goodrick and other gentlemen ( three or foure coaches full ) to the water side on ship-board , there to lye under hatches like slaves of argiers , exspecting every hower how this barbarous bloudy faction will dispose of them . nor is this strange if you consider their devotion , for this aforesaid mudford sent up his levite into the pulpit at southampton , to move the people to take the new covenant , who ( like a priest of their religion ) fell on cursing ( praying they call it ) in these very words blesse the king , o lord , mollifie his hard heart which delighteth in bloud , open his eyes that he may see that the bloud of thy saints is deare in thy sight ; he is fallen from faith in thee , and become an enemy to thy church : is it not he that hath sinned and done evill indeed ? but as for these sheep , what have they done ? let thine hand , we pray thee o lord our god , be on him and on his fathers house , but not on thy people that they should be plagued . and ( to let you see both priest and people are of the same profession ) saint-barbe himselfe after he had taken the covenant said aloud before many witnesses , that he had rather see the kingdome in a flame , then that the king should prevaile against this cause they have undertaken . this is pure protestant religion , such as their brother judas scarce findes among the damned . and it was also signified by letters from winchester , that this aforesaid murford in pursuance of his former threats to the prentises of south-hampton ( whereof you heard last weeke ) for refusing to take the rebellious new covenant , sent one thornborough , riggs , and divers others to portsmouth , where they are lodged in such a dungeon , as they are not able to stand upright , but are forced to doe their necessary acts of nature in the same place where the poore men must make their lodging : and yet the newes-men at london have the impudence to tell us in print , that no body hath beene punished for refusing their covenant . and in the same letters it is advertised that the maior of southampton ( a very ancient man ) is so over awed by this murford , that being lately come from the two houses ( whose prisoner he hath beene these eleven weekes for his loyalty to his soveraigne ) hee must not now be suffered to goe out of the towne gates ▪ but every common souldier by murfords command forceth him backe again ; in such contempt is the kings lieutenant amongst this faction ; and all this out of whitehead of portsmouth his malice to the maior , because he would not deliver the keyes of the towne to him when hee demanded them for the two houses ; the good old maior ( being a jer●y man ) answering him , me no hang for you master whitehead , you hang for your selfe . this day also we received a copy of isaack pennington's petition against peace , ( though moulded and penned by john pym himselfe ) desiring the house of commons , or rather commanding them to persist in this warre ( though they perish in the worke ; ) and tendring a forme of an ordinance to presse and force every man rich and poore ( excepting some few ) to take armes for this cause , or pay ten pounds a peece ; which accordingly was voted , and the petitioners had thankes returned them from the house . this day wee saw a printed ordinance from the two pretended houses , for the speedy raysing and levying of a weekly contribution towards the maintenance of their army , to be paid by the severall counties and cities of this kingdome for two moneths together : as for example , the citie of chester is to pay weekly unto the two houses l . the county of cornwall l . the citie of yorke l . the county of salop l . the citie of lichfield l . bristol l . worcester l . the county of worcester l . oxford l . if the worthy members will come to these places , the money lyes ready for them . the earle of northampton this weeke intercepted divers letters from london , wherein we see such pretty devices as the brethren use to cheat one another ; one writes , that cavaleirs were slaine at the taking of bristol . another , that waller will be horse , and foot . another , th●● waller is strong already . another , that scot● are come as far as barwicke . another , that the scots will not come , because the citizens have no money . another , that all is lost except spirituall comfort . another , that the earle of essex would have all their souldiers leave their garrisons , and come away with their armes , lest they be all taken by the king . another , that gloucester cannot be relieved . another , that the rotten lords ( a pretty-pretty epithete ) would now have peace . another , that now they must no longer trust in the parliament . another , that the losse of bristol hath discovered many false hearts , who onely had creature-confidence . another , that to vote for peace now , was like the plot of the trojan horse , and like saul , to fly in distresse to the witch of endor ; with a world more of such excellent expressions , as doe trouble me to want paper for them . and the printed newes-men are this weeke turn'd preachers , urging scripture ( in place of newes ) against fainting in tribulation , yet ever and anon sprinkling a lye : as . that the lord digby hath one troope of spanish papists : ( my lord thankes you for raising a new troope for him ; but hee thinkes you meane the walloones at fulham , allowed to have masse by the close committee . . that the lord willoughby of parham's souldiers marched out of gainsborough with all their armes : ( you were cudgelled for this the last weeke , and yet you are at it againe . ) . that the king commands to kill men for fearing god , ( for labouring to murther him in the feare of god ; feare god , obey the parliament . ) . that sir william waller hath many thousands of men : ( yes , at round-way downe . ) . that those men are most of them good lusty butchers ( to knocke downe the oxe at kingston . ) . that sir william went in triumph to butchers hall neare newgate : ( he went himselfe now , but next time he shall be brought to newgate . ) lastly , that the close committee had newes that dorchester , weymouth , and lincolne , were delivered up to the kings forces , and yet were not disheartned at it : i thinke it would please them to see one another hang'd ; which god for his mercies sake , &c. finis . a manifesto declaring what george bishope hath been to the city of bristoll and the particular persons now in authority therein and what hee hath received from them in recompence occasioned by the late sentence of banishment pronounced upon him by them, th, th mon., , and other useages for his conscience to god / by george bishope. bishop, george, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a manifesto declaring what george bishope hath been to the city of bristoll and the particular persons now in authority therein and what hee hath received from them in recompence occasioned by the late sentence of banishment pronounced upon him by them, th, th mon., , and other useages for his conscience to god / by george bishope. bishop, george, d. . [ ], p. s.n.], [england? : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bishop, george, d. . bristol (england) -- history. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a manifesto declaring what george bishope hath been to the city of bristoll , and the particular persons now in authority therein , and what hee hath received from them in recompence occasioned by the ●●te sentence of banishment pronounced upon him by them , th . th . mon. and other useages for his conscience to god. by george bishope . all this have i seen , and applyed my heart unto every work that is done under the sun. there is a time wherein one man ruleth over another to his own hurt . and so i saw the wicked buried who had come , and gone from the place of the holy , and they were forgotten in the city where they had so done . this is also vanity . eccles . . , , . printed in the year , . a manifesto , &c. i ever bore a natural love to the city of bristol , the place of my nativity , and as opportunity , and my understanding gave me leave , i still improv'd it for the advantage thereof . i was very young when the differences began between the late king , and the parliament , yet i inclined to the parliament , as those unto whom drew the more sober people of the nation , which had some influence upon me ; the fear of the lord being with me from a child . when the city was taken by prince rupert i was there , and marched out with the parliament's forces , and returned again when the city was retaken by the parliament . being come to bristol , and setled there again , i made it my business what in me lay , to advantage the good thereof , and in the first place wrought what i could for the procuring of a friendly governour , that so the place which had been miserably torn with warrs and factions , might have some reliefe , and that the necessities thereof might arise in a calme and friendly favour above the sterrility that was over it through the harshness of the rough storms that had compassed it about , and my endeavours herein were not without success , for they produced colonel charles fleetwood ( a man as much to the purpose as could be desired ) to be appointed governour . in the next place in regard the city had been for sometime before sorely visited with the plague , and there died now upwards of one hundred a week , and the well and the sick were promiscuously together by reason of the leagure ; i endeavoured the seperation of the sick from the well in place● convenient , and where the streets or parts were generally infected , watchmen were set to keep them in , which with other endeavours then used , through the good hand of the lord soon ceased the contagion in that place . thirdly , in regard that the city and the country adjacent had been much harassed by reason of the leagure , and the other attendencies of war , i procured an order from general fairfax that no forces but those of the garrison should quarter in , or about the city for the space of six miles , which gave the city and the country in particular , much reliefe , who came thereby to be freed from the hard quartering of the regiments , and other forces designed for ireland , which long lay in the country before they were imbarqu'd . these things in their time put the city into a wholesome and quiet posture , and unity , and love seemed to spring therein , and men began to forget the old engagements wherein they had been mutually exercised to the detriment of each other , and to apply themselves to things that concern'd their own , and the good of each other ; and i may truly say , and i suppose there are yet alive those who can bear me testimony therein , that in a months space after the reducing thereof , there was such a metamorphosis as had been scarcely seen during the warrs in this nation ; and great pitty it was ( and i am sure it was exercise enough to me to see the contrary , as afterwards i found , and therefore opposed that which gave it , as the sequel manifests ; ) that ever it should be turned into winter again and those storms brought over it , which had neer laid it in the dust , i am sure endeavours were not wanting-in me according to my capacity , and as i had opportunity to turn it aside , which produced that which is part of the ensuing relation , in recompence of which some of my neighbours , fellow citizens and countrymen thus concern'd , as the relation makes manifest , have thought fit to place banishment upon me , and other usages , barely for my conscience to god , as to his worship , who is a spirit , and will be worshipped in spirit and in truth , as the frontispiece of this relation , or manifesto instances it ; of which i shall in order speak . long was not the day of this fair sun shine , and promising prosperity of bristol , there was an eye that saw it ▪ and did envy it , and therefore attempted to hinder the progress thereof whil'st it was ( as it were ) the morning , and so drew a cloud over it : col. charles fleetwood though a person without exception ( as then ) saving that his spirit seemed to some who looked a squint , too indulgent , he savouring more of vnity then division , rather to heal then widen differences that had been , though as to his n●●●●●● capacity he was known to be both vigilant and stout , was ●●●●●… a weeks time unworthily laid aside , and m. g. skippon by the sollicitation of some of this place above , who had little known the sharpes of swords , or the the brunt of the battel , was placed in his stead , and they themselves in the capacity of doing what they pleased , being with their favourites and relations most of them instated the men of the committee therein ; who ( with the new governour ) not long after came down to the city . now the state of the city began to alter , and another face to appear upon it : those of the contrary part who thought they had bought their peace in their large proportion of l. raised , and given as a free contribution to the army for their tenderness to the city , and general forbearance to plunder , and to be secure in the articles of surrender , were called upon to pay their th . and th . parts , and after sometime summon'd to composition , or sequestration ; in order whereunto witnesses were examined as to what they had done during the being of the forces of the contrary part in the city , on the one hand , and on the other ald. humphry hook , and several others of the councel to the number of thirteen , were removed by a vote of the lords and commons , which were the committee for the west , without being called to answer , or any due or legal conviction , through the instigation of those who so carried things below as aforesaid . and alderm . francis creswick who was chosen mayor after the city was reduced ; notwithstanding that he carried things without exception was put out also , and another put in who had acted foot for foot the same that alderman creswick had done when the contrary part had the city meerly out of faction , to serve a private and a particular interest : for alderman hooks abilities being well known to far exceed in the governance of the city any of those who now seemed to bear the day ; he must be removed , and those who were more related and seemed to adhere to him , because otherwise that faction must vaile in the city . and here began that unhappy encounter which gave much sorrow and trouble in the city , and to me much travel . for the rest of the councel were men that had been acting in the same day , the same things ; yet they were kept in , and these were put out ; as hereafter is mentioned . these proceedings were an abomination to me , and i hated them exceedingly , the rather because i saw it was not so much for the advancement of the interest unto which they pretended , as indeed for the seting up of a particular party , or faction , the progress , and issue of which hath tended to the undoing of the city ; for all things hitherto were carried , and whatsoever was the pretence to the contrary ; yet all concentred here , that is to say , the private comodity , and advantage of some particular persons , who as horsleeches sucked the breasts of the opportunity to serve their purpose , dividing the city into factions for that end under the pretence of the publique . i hated also to see that almost intollerable oppression , viz. some of those very persons who in the former day had conjointly acted , and with as much seeming zeal for the interest then on foot , now to sit in the committee as judges of those who with them had acted the same thing . to speak plainly , to see cavileer in shew fitting in judgment upon cavileer for the same things done jointly by each quatenus & quando cavileers , and to behold the body of the counsil who together as one man strenuously appeared for the interest of the king to be reserved as well affected to the parliament ( for so the exclusion spake ) and to act as such , when alderman hook , and those with him were ejected the counsil ; for having done the same did smell so ranck of a faction that it was manifest that it was not because the parliaments interest was in danger of being damnified , if he and they had been continued , but that some of those who now rose up to bear the day over them , conceived themselves in danger by reason of him , and them to be overtopt , that is to say , that not themselves but he and them would rule the city , though for the parliament ; so that the ground of that ilfavoured ( though called ) reformation was , that themselves might bear the sway ; not that they themselves had been together bearing the sway for the interest of the king. and i appeal to those judicious unbiassed men whom the faction swayed not , who then minded those transactions as they then were , and have since observed the issue of those things , whether the measure i have given be not the diameter of those proceedings . i say i hated these things , and they were an abomination to me ; and as i did upon all opportunities bear my testimony against them , foe which they sat in opposition to me , so i endeavoured to out-work them , and the whole interest ; and the understanding i had i made use of to counterwork , at least , to obviate the issue of these things , which i saw must needs be the natural effect : if in all these things they prospered , viz. the ruine of the city , & the particular persons therein that were men of estates , whom the enterchanges of the former day had brought into the capacity of sequestration . in the prosecution of which i met with many notable and great encounters ( as what follows will in part make manifest ) which were they to be attempted with money , could not have been purchased of me at any rate . for the obstractions i met with , the length of time , the most tedious waitings and disappointments were such that ( i speak in truth of heart ) no such consideration could have wrought me over thereunto . nevertheless i set my self to it , and though young ( as i have said ) and not having many to joyne with me , i mean such as would make it their business to tug in such a matter , yet i was determined in the thing , and in the consequence , obtained that which is some ground of this relation . general fairfax being near about the city , and the head quarters of the army at bath , in the year . after the first warrs were over , some of the men opprest as aforesaid foreseeing what was coming upon them , applyed themselves to the general by petition , concerning the interpretation of the articles of surrender , hoping thereby to stemm , if it might be the floud of sequestration that was coming upon them ; who in a letter to the parliament , gave his sence to this effect , viz. that he intended by the fourth article ( which was that unto which they had particular resort ) as much saving to the corporation , and the particular persons concern'd therein as was in his power to grant . which was as much as could be expected at his hands , considering the state he and the army stood in at that time ; ( sc . ) as being thought in principle and otherwise as to religion , not in order to that reformation which those then in power thought to settle in the nation . i was at bath when this thing was in agitation , and i helped it forward with the general officers what i could , on whom i had an influence , but it accomplisht nothing , for it was not made use of . so things stood in reference to this as before , and they lay objected to as much mischief as those that rose against them , were able to do unto them , and their disease was yet without a remedy . and indeed , this matter sprang of themselves through the opportunity of some friend of alderman hooks , who accomplished it with the general ; which nevertheless was assisted by the general officers , whose agitation therein was not altogether useless ; their concurrence being something to the general therein ; with whom i had to do as aforesaid . nor was it altogether unnecessary , for thereby by they came to be so informed in the state of affairs as to bristol , and to be brought into such a sence , that for ever afterwards they assisted the good and benefit of the city what lay in their power . and indeed without them the things that were afterwards could not have been affected , for their valour and success gave them to be something in the ordring of affairs of this nature , especially where their swords had led the way thereunto , and wherein their honour as souldiers was engaged in point of articles . and here i laid the stress of the matter , viz. upon the army , and those who were with them in the parliament , and council , and other places of concernment in the nation ; and the others placed their opposition against me in the interest that was contrary ; and so the rugg became hard , the chiefest men in power in england then on both sides being concern'd in the matter ▪ and so it rose , and fell as the interests prosper'd , who , in other things as well as this , had the competition . nor could i tell where better to place it then so , viz. in the hands of those who had the sword in their hands , whose business it was ( as i have said ) most properly , and naturally to see it brought to pass ; who were best able ; who if they fell , the thing must , but in their standing , which was the most likely of the two , a man might reasonably promise to himself the greatest prosperity . so things stood , and so they were placed , and here began the engagement in the matter . i was considering with my self the condition of the city ; how low it was brought by reason of the warres , how it was a port town ; how the present men that were of estates were ( mostly ) the contrary party ; or such whom the rules of sequestration , if strictly laid , would take hold of , as having had to do in things that by the parliaments orders were sequestrable ; or would make them liable so to be ; how the sequestration of them would be in a manner as a statute of banqueroutisme , how one way , or another , all the inhabitants , and citizens that had been there whilest the city was not taken , were in the capacity of sequestration ; how the noise of this would spoile their reputation ( especially the merchants ) in forraigne parts , and their bills would be worth nothing ; how that trade hereby would fall , and being once lost or fallen into the londoners hands ( who watch't for it ) would not easily , if at all , be recovered ; how that the consequence would be matter of sorrow hereafter not to be recovered ; therefore i bestir'd my self ; and seeing that on this foot matters stood , and clearly too , in my understanding ; i resolved to do the part of a native , and citizen , the son of a freeman ; one that was free-borne ; and rather to hazard my self in the issue , then that thorough any failer of mine , the city should fall not to be recovered . and so mine own natural , and ( i may say ) native love to the city , in which i first drew breath in such considerations as these prompted me ( not any other , or person whatsoever , for it arose in mine own breast ) to what i afterwards undertook , & perfected ; as by , and by shall be made manifest . the committee going on in their examinations for sequestration , notwithstanding their exacting the th . and th . part , i made it my business what i could to take off their edge , and so wrought with some particular persons , as ( to give them their due ) they took things so into consideration that they proceeded with no one effectually in this matter , but suffred things to fall , and the heat by degrees , as the matters of consideration took place , and they had leisure to receive them ; yet this was not presently nor at once , that they so did but they held it on as they pleased , and no one was certain , ( no not they themselves who were more moderate amongst them ) whether they should so hold the matter among themselves , or whether they should not otherwise be compell'd thereunto , because the oath of committee-men seemed to oblige them to the contrary . in the mean time whil'st things lay thus in suspence , neither done nor undone , but in probability , my travel was still continued upon me , and my cares were least some sudden slip might effect it , therefore i carried a wary eye on every hand , least the thing being once done , it should be past recovery . therefore when the election for burgesses to fit in parliament came to be , i endeavoured what i could the bringing into election col. charles fleetwood aforesaid , because he was a man of moderation and interest , and probably in the house might best serve the advantage of the city , whose condition was now brought very low ; at least he might serve for the turning by of that rigidity , which by the means of the instigation of some , might produce a sequestration . for i knew right well that if things in the fountain were not stopt as well as in the stream , what was done , or might be as to the stream , might signifie little . and the rather minded i this thing , because those who on the other hand drove on the election , sought to elect , ( and in the issue carried it , though unduly ) such in that place as would ( and it afterwards proved so , and i felt the effects of it in my after prosecutions ) force the contrary . and here , though major general skippon the then governour , and my superior officer ( for i was in command under him ) and my very loving friend , sat in the hall in order to an election ; yet before his face i prosecuted for the other with the uttermost that my interest and strength was able , and had accomplished it for col. fleetwood had the pole been granted , as neer as a man could well judge by a view in that matter , but the business was otherwise packt , and a return made by the sheriffs presently in the hall for those two , on the foundation of whose after proceedings lay the misery , and unhappiness of the city . i opposed it what i could as aforesaid , as foreseeing that which hath since proved in the end ; and something was sent up against the election which was of weight , but they being returned , and coming to fit in the house , there was a guard against such things as these , so as that the prosecution of things of this nature seldome received any effect , especially where the persons opposed sided with or served the prevailing party in the house , which these did , and so the matter could never come within . there were many sober citizens that were with me in this matter , and many of them such as had suffred much by the contrary party . indeed this encounter put me to some , yea a great trial , for i thereby hazarded my interest with the major general then governour , and the loss of the friendship of that part of the city which i opposed in the election ; and of the men returned themselves ; and moreover ( as it might prove , and so it did as hereafter will more appear ) i apprehended it would lay a bone of contention between me and them , and a ground of prejudice in them against me , which had not the hand of the lord preserv'd me , had been my ruine . for , ever afterwards those then sitting as burgesses in the house look upon me with a squint eye , and as they could with their party wrought against me , and had not the other interest , viz. the army stood it thorough , they had carried it against me : for , with the opposite interest to the army they stood in this thing , which gave a fore encounters , and notable disappointments , and a male interpretation of all that i did to them , and the party unto which th●… did adhere ; and if a hole could have been pickt in my coat , i should have been sure to have had it ; and they and that interest would have served it upon me , but they were disappointed . this struck the stroak between us , and laid a perpetual ground of opposition on their part against me , when they saw that by no means they could court me to turn from that on which i was ; and they wrought at me as they pleased ; and words passed , and actions from some of them , not fit here to be related , but in the summ● of the matter they secretly held me for their enemy , and did against me what lay in their power , though in all that i did i had nothing in mine eye but the preservation of the city from that outrage which malice and wickedness sought to attempt against it , which now arose to a great height , so that i was enforc'd to attend the motions of it higher then this place , even in the parliament it self , whither the heads of this faction were removed , and sat , and where they had their influence . hereunto i was inforced to lay my leagure , that is to say , to attend the motions of these men above , who here below had accomplisht little though it was endeavoured ; and because some principal men of the contrary part ; viz. alderman hook , alderman james , alderman francis creswick , &c. were called upon to composition through the instigation of those of the city who sate as members of parliament , whereby those of this city who were in the like capacity , were ( in effect ) called to the same , therefore i removed the matter higher then this place ; and because i saw what force was engaged , i thought to bring as good as themselves , and so having considered of certain considerations to the number of thirteen , why the citizens , and inhabitants of bristoll should be freed from sequestration , i sent them up to a friend at london to communicate them to the general officers , and to him who was then lieutenant general , to have their judgments whether they were fitting , or feiseable . unto this i had an answer , that they judged them to be both , and encouraged me to a coming up to london , which having provided for that purpose , i undertook , bringing with me a petition which i had drawn to the parliament ; unto which were subscribed the hands of several of the city that had been for the parliament ; unto which were added the reasons aforesaid , desiring , and endeavouring , an indemnity for the city . to the lieutenant general i came , after i was come up to london , who so approved what i had drawn , that he added another consideration himself , and told me that if i had no better a hand , he would present it to the parliament himself . i was very glad of this ; and the then commissary general , and other officers that were members of parliament ; and several others of the house that were friendly to the army being possessed with the business , the lieutenant general took it with him , and had a time to present it to the house ; but such had been the influence , and preoccupation of those , who sate as burgesses , that john ash who was chair-man at goldsmiths-hall , ( whom upon this foot they had made my mortal enemy ) openly said — that i had married a malignant of bristol's daughter , and that i had my wife on consideration of freeing the malignants of bristoll from sequestration . this troubled the leiutenant general , and the commiss . general , and the rest very much , who having not then in particular to remove such an obstruction unthought of , thought fit to with-draw the matter till they had further spoken with me , who finding ( which were their thoughts before ) that it was a meer calumny , and that it was upon no such consideration , but as hath been said , and that in the marriage of my wife , who was the daughter of alderman william canne , then mayor of the city when i married her ; i had answered on my part what was fitting , if not over , and above what was usual , upon my private particular , they were greatly troubled ; and being in great indignation that the opportunity was thus put by , as well on the cities part unto which they were wrought into a great regard , as on mine ; they determined to attempt something else , and because the city had articles , and that by the th . of those articles of surrender the citizens and inhabitants were to be defended from all , manner of force and violence , and to be preserved in their persons and estates , as the said article hath it more at large , which these proceedings seemed to invade ; therefore they determined to endeavour an act of parliament for the establishing a court for articles to stand indifferently between the justice of the parliament , and the honour of the army , as supream judge between them both in p●int of articles , and because this could not be done for bristol alone as seeming too particular , and so a repulse might be received , they resolved to attempt it for the general , viz. as to all articles in which bristols particular might be included . i helped the matter what i could , and forwarded it , and attended the members instrumental therein from time to time , suggesting what was thought material therein , which cost me a very long and wearisom attendance , as it was also chargable , till it was effected ; which act passed and had the general inclusion as aforesaid . the act being passed , and the court coming to fit , of which nathanael brent knight was then president , i procured a letter from some of the chief in the army , and from col. charles fleetwood , in particular to john steel then recorder of london , to be counsil in the matter , which he accepted , and promised ; and i also obtained gen. fairfax and leiutenant cromwell's letters to the court ( who were many of them members of the army , and had to doing in this my friendly assistance ; ) in way of explanation to the articles , and what their sence was , and intended when they granted the same , with other passages to induce them , not fit here to be mentioned . so being prepared on every hand as well as i could , i attended with the counsil aforesaid in the court being the first cause attempted in the court , as it was the cause wherefore the court was attempted to be impowr'd : so when the counsil had spoken , and i had opened matters for a long space of time , as to the leagure of bristol , and my particular knowledge in some transactions , and the state of the city , and the reasonableness of what was proposed , it was very clear to the court , and so , nemine contradicente , they voted , that by the th . article of the surrender of bristol , the citizens ought to be freed from sequestration , for any thing done by them to that time , and therefore ordred that the commissioners at goldsmit● shall should forbear proceeding upon the citizens for any thing done by them to that time , unless any thing of delinquency could be proved against them since the surrender thereof : as by the copy of the order it self , which is ready to be produced , may more plainly appear . this command ( as i may so call it ) was sent to goldsmiths-hall , & upon the petition of humphry hook , alex james , francis creswick and edward caple , ( son in law to the said francis creswick ) which i drew , who were called upon as to composition , as aforesaid , was it grounded , because being called upon as to composition who had articles , there was ground wherefore the court for articles should take cognizance of their being so called upon as to composition : and hereupon the whole contrary party , that is to say , by this act had privilege as to articles to appeal , who , i suppose will confess that many of them received much right , and advantage ; which upon occasion of bristol , was thus brought to effect , and produced . here rested the matter about two dayes time , during which the commissioners at goldsmiths-hall grumbled much at the matter , & john ash in particular , who wrote peremtorily to the court thereabouts . and great muttrings in the house there was about the courts determination , through occasion of the burgesses , who made it their business to incense the house against it , and ceased not till upon one consideration or the other , the house over-ruled the judgment given by the court , and appointed another to be president , and the ( then ) atturny general , to attend the court in the behalf of the parliament . now that the burgesses were instrumental in this matter , and the persons who were the occasion of the forcing of the thing , many of the ( then ) members then informed me ; and john ash in particular , being calmly spoken to by some friends of the aforesaid petitioners , wherefore he drove on things so against the petitioners , and bristol ; said to this effect , that he could not help it in regard that the burgesses had complained to the house , and that he had received a check thereupon for not proceeding therein . this put me to new work again , and the lieutenant general being made lieutenant of ireland , and coming to bristol for transportation , i came down at the same time , and here spake to him about this matter , who spake to me to draw a letter to the court for articles which he would sign for that purpose : so i drew a letter very significant , which he signed , wherein he placed his expedition to ireland to be grounded on what the court should do in reference to what he had wrote ; alledging to this purpose , that he knew not what his expedition thither might signifie , if the honour of the army should not be made good in point of articles . this was sent , and delivered to the court , who hitherto had proceeded little in reference to bristol , and because a starting hole was found out for what the parliament had overruled , viz. that the articles for bristol were not formally confirmed by the house . there being a clause in the act that gave them cognizance of such articles only , as the house had confirmed ; i was constrained to rummage among the parliament rolles , and to take out of them ( which i did my self ) all such passages as had proceeded in the house in reference to the surrender of bristol , viz. the thanks of the house to the generall officers , and army upon col. ingoldsby's narrative in the house of the proceedings of the army as to bristol . the day of thanksgiving ordred throughout the nation for the surrender of the said place , their letter to the general , and sundry other things , which i abstacted and delivered to the court , amounting in the whole to more then a confirmation . for indeed , that surrender considering the season of the year ( being in the approach of winter ) and the reputation thereof , and the armies liberty thereupon to prosecute to the end of that war , was of as much consequence to the parliaments part , as it was against them when it was taken by that party which was contrary . nevertheless , neither the one nor the other could prevaile , neither the letter , nor the abstract , nor whatsoever was offred , to have a salvo to the former order of the court ; the influence of the house through the burgesses sollicitation lying in the way , but still they held it to that clause , viz. the confirmation of the house ; so that the sollications were forced there to cease , without any further advantage then a prompting the parties concerned to goldsmith shall and a recommendation of them thither for an easie composition ; forasmuch as by the said article the petitioners might suppose themselves ( and to have some reason for that purpose ) to be freed from sequestration : and one of the petitioners distrusting the issue of things at last , and being promised favour by john ash at goldsmiths-hall , viz. alexander james , took the opportunity , so did alderman waliis also , who was no petitioner but in the same predicament . and thus this matter came to be broken , and by some of the petitioners own hands at last , which had been brought thus far , and goldsmiths-hall in a capacity of having to do with them ; and indeed it was the design of that time thus to break them ; unto which some of their own hands served . and here matters for a while rested . the truth of it is , there were many lords , and others then in the city at the time of the surrender , that were concern'd in that article , who either had , or were in a condition of compounding for considerable estates ; who if they had been excluded , the order for the validity of that article had not been expunged . and so much for that business . now as a vessel in the sea which had lost her oares and rudder , so were the rest of the petitioners , and other citizens , who thought themselves in the same condition , tossed up and down , serving themselves as they could , sometimes this way , sometimes that , till another expedient came to be pitcht upon , which might give them relief , though yet as to what had been offred the court for articles , and the reason thereof , there was a cessation ; and not with that violence at goldsmiths-hall as to them , were things prosecuted as usual , upon the ground before mentioned . the commissioners at goldsmiths-hall had an exeunt in a short time , and they were forced to give way to a new bill that authorized several new commissioners , who sat at haberdashers-hall who were impowred to all those things relating to sequestration , and particular persons in every county were appointed as subcommissioners for sequestrations , and these applied themselves in discharge of that office , and the rules were very strickt , so that no man who had publiquely to do on the contrary part could ( probably ) escape them ; and those who were appointed for subcommissioners for sommersetshire made their progress to bristol , as included in the county of sommerset , and made demand of the committee the papers that lay before them concerning sequestrations . this appeared as a new furnace , wherein to terrifie those citizens , and to turn aside all that had been on the contrary before , so i looked on the act , and finding there that the subcommissioners must be men of the same county , and considering that bristol was a city and county of it self , i thought there was a hole in it , and that upon this ground those subcommissioners had nothing to do in bristol , being not ( all of them though one was ) inhabitants of the city . this flaw i shewed to my cozen haggatt ( who was both a councellor at law , and a member of the committee , who before , and then , and afterwards vigorously acted with me , and with whom i particularly corresponded in this freedom of the city , who here acted what lay in him , as i did above , though now by some of the men concern'd , as ill rewarded ) and told him that i thought it would be well if he would communicate it to the committee . he was of my mind in both , and so wrought that the committee denied the papers that lay before them to these subcommissioners as not being capacitated by the act thereunto , being not inhabitants . nevertheless on they proceeded on their own legs , and part of alderman hooks estate in sommersetshire was sequestred , and part in gloucestershire by the subcommissioners of that county , and one came to his house to inventory his goods in the city . now i was put to it , for the matter was precidential to all , for though the burgesses to wave the business of the articles , suggested , that there was only two or three malignants , hook , &c. that were in prosecution , and no others intended ; thereby making the matter little , yet having broke the ice on them , the rest must have followed ; for the same rules served for the one as for the other , and the leading men being overcome , the rest must follow : the commissioners at haberdashers-hall having about . on the list : though with this dawberry , their emissaries thought to charme the residue so concerned in the city into an opinion that the matter was not of that moment , nor would have reflection ( at least in intent ) upon them , so as that they needed to fear . hereby turning aside their general sence and appearance in the matter , and endeavouring the lessning of that which was attempted for them . to those of gloucestershire , viz. capt. buck , and hancolk , col. nath. rich. ( at my desire ) and my self wrote , who thereupon took off the seizure in order to sequestration on hook's estate , and for those of sommersetshire i so wrought that they were soon turned out , and such men put in their places , as upon whom i had an influence , whom by letters and otherwise i kept off from bristol , least they should run themselves into a premunire as acting in cases where they were not commissionated . this stemm'd the tide again , and gave some respite ; nevertheless the endeavours of the other part were not wanting to bring it on afresh with haherdashers-hall , and from the fountain as it were , to cause their suffring . with haberdashers-hall i was forced now to work , and several of the commissioners i engaged with the reason of the thing not to act ; and of this number three there were , a fourth was newtral , and cared to do little in the matter : so that the orders from them to the subcommissioners lay sometime a moneth together unsigned , there being but seven of them , and the signing required a majority of the commissioners . one while i held them with one thing , and another while with another ; and sometimes i wrote to them , and made use of the then state of the nation that required there should be no irritation , especially of such a city , in such a time , which might turn much to prejudice : and because i knew not what might be the consequence , at last i got the matter in the house again as to the particular of alderman hook and the rest , which being not so well timed by the speaker , it being early in the morning , and the members that were to assist it , not being present , one of the burgesses crusht it in the bud , and so it died . the motion arose from a letter general fairfax wrote to the house in that particular , which i procured , and gave to the speaker who presented it . then i wrought in the counsil of state , ( i being then at white-hall , and in the nature of a secretary of state , though they being then in the form of a commonwealth , they gave no such appellation , such an appellation being to a state improper , yet secretary i was , and such was the term that by their order they gave me . ) i say , i wrought with the counsil of state , and exhibited considerations to them according to the nature of things , and the reason of the times , and so accomplished that some of the commissioners were sent for by the counsil to appear before them , where we had a hearing ; but neither here could any thing be accomplished by reason of the workings of the burgesses with some of the counsil , though the ( then ) president and others did what they could : the matter indeed , not so properly relating unto them to judge in , seeing the law was as to sequestration , otherwise then as to a prudent suspension of putting the law in execution , where ( probably ) such execution might return to a greater prejudice , and to commend the consideration of the whole to the parliament . this gave a little breathing , the commissioners being found no otherwise acting , but in reference to their oaths in the discharge of what they had undertaken according to the rules that were set them , which being prompted to by others instigation , and such as were members of parliament , it could be expected to have no other influence . nevertheless , things ended not here , but new sollicitations to sequestration produced new orders , and a peremptory letter by the commissioners was sent down to the committee in reference to their non-sequestration , demanding the copies of the papers that were before them , for that purpose threatning to lay a fine upon their heads , and that a serjeant at armes moreover should be sent for creswick's land also at langford in the county of sommerset was sequestred . to this the committee gave a manly reply , my coz. haggat being instrumental therein , who drew it ; and as for john creswick i informed the commissioners that his father alderman creswick aforesaid was dead , who in his life time was not sequestred , and now his estate was devided among his children , and this particular part of it to his son john , whom none of their rules had included for sequestration : so that the matter fell to the ground , and the sequestration was taken off ; as did the other by the return to the letter aforesaid . so this tide was stemm'd again , and a pause there was . now drew neer the time wherein the king and his army marched out of scotland into england , which was not an ordinary time in england : the counsil of state then bestir'd themselves , and intelligence they had from all parts of the nation every day ( for so it was laid ) of what was done therein , and how their militia advanced . from bristol also they received an account amongst the rest , of what was done in that city , which the counsil so took and i was careful so to improve that they ordred it to be reported to the house by henry vane kt. then high steward of the city ; who being willing to do it a kindness , and having been assistant unto me in my endeavours for the city , so managed it that a letter of thanks was ordred by the house to be sent to bristol for their good affection unto them : and that the city might not be put to charge at that time , i procured a bill of l. to be sent also by the counsil upon the account of the state , towards what should be done therein . well , worcester business was over , and the parliament were upon an act of indemnity , and i thought it high time now to look about , and to finish what i had with so much travel , and more then three years expence of time , endeavoured to bring to pass . therefore least this act should be closed with an exclusion of bristol , i drew a third petition to the house in the name of several citizens and inhabitants of bristol that had been well affected to them , who had signed the first petition aforesaid , and i adjoyned thereto certain considerations wherefore the parliament should grant bristol an indemnity ; and i engaged in the delivery and prosecution thereof , the most leading men that then were in the house ; as the then lord general , lord commissioner whitlock , lord grey of groby , sir henry vane , sir arthur hazelrig , col. hen. martin , major sallaway , the lord commissioner lisle , the lord chief justice st. johns , &c. with many others ; who well timing the thing , took their opportunity , and being presented the house , so spake , that the parliament voted to this effect , that if the instructions for the act of indemnity , and general pardon in the general did not reach bristol in particular , bristol should have a particular act of indemnity for it self ; and ordred the petition and considerations annext , to be left in the hands of the clark of the house for that purpose . this i thought pretty well , yet i could not judge the matter secure whilst there was any thing between this and the thing done , i having received so many disappointments , and well knowing that votes of parliament many times admit of alterations ; and as ships at sea are forced oft times according to the winds ; but principally was i jealous of haberdashers-hall , and the workings of the opposite party there that hitherto had given me that exercise in the matter ; least that now upon the closing of the thing , they should struggle to undo my work , and to finish their own . and the rather was i confiderate in the matter , because when the vote aforesaid passed the house , i being in the lobby attending what should be done , i saw one of the burgesses come out , as not able to stay therein , when he saw it like to be carried when the vote passed ; so least any thing should again come between the cup and the lip , ( as they use to say ) between the vote and the finishing , least haberdashers-hall should yet interpose , or be driven thereunto , i drew a few lines unto them , , signifying what the parliament had done , because , being not enacted , these commissioners were not bound to take notice of what was voted in the house , and desiring them to forbear any further prosecutions on bristol till what the parliament would do in the thing might come to be understood : which some of the members aforesaid signed , particularly the lord commissioner whitlock ( whom upon the withdrawing of edmund prideaux to be atturny general , i bespoke and procured to be recorder of bristol , that so by his relation he might have the more open opportunity to do that good which was in his heart to do for the city ) sir hen. vane , with some others , but as for the burgesses one or both of them ; but i am sure one of them refused to put his hand thereunto . this had its effect on haberdashers-hall , at least they did nothing further in the sequestration of bristol , and so one of the general instructions of the act of indemnity , having this clause in particular , viz. that all those that were not actually sequestred before such a day of september . should be freed from sequestration ; those of the city who had been on the contrary party were freed from sequestration , they not being actually sequestred before the said day of september . and so the keeping off the actual sequestration of bristol during those years wherein the matters were tossed up and down as aforesaid , and thorough such difficulties wrought in order to this time , which finisht the matter , and freed those who had so much resolution as to hold it out ( which was the whole except some few particular persons aforesaid ) from sequestration . and so i made an end of my work , which i began as aforesaid , out of mine own particular consideration of the good of the place , and the particular persons therein , without the influence of any other persons whatsoever ; and which ( through many sore and long attendances , disappointments , abuses , and oppositions , sometimes waiting six , sometimes eight weeks together from bristol upon them , then when at whitehall , applying the whole of my interest , besides what else of trouble and anxiety of spirit did intervene , and other troubles in a thing of that nature , which i have chosen rather to forget , then by remembring to renew my sorrows again . ) i finished , not with greater advantage to the citizens , and the city it self , being considered as aforesaid , then satisfaction to my self , and gladness of heart that i had ( though with all the appendices aforesaid ) accomplished the peace and welfare of my native place , and the citizens therein concerned , as hath been said ; hoping at least justly expecting that in the peace thereof i might enjoy peace , and that such a thing as this being done for them , which no place in england obtained but themselves , and thus freely by me , ( for they to this day never asked me what it cost me ? nor gave me consideration therein , nor did i ever receive any thing at their hands , directly or indirectly , for what i so did for them therein ; and what charge and trouble i was at ; wise men may guess , but cannot thoroughly understand ; ) i say , hoping at least justly expecting that in the peace thereof i might sit down in peace , and that such a thing as this being thus freely done by me , which had been done for no place , i might in the love and good will of those for whom i had acted , and from whom ( i may modestly say ) deserv'd it , have my future recess , and being in that place when opportunity called me to return , and to have my retirement therein . but i have found it other wise as aforesaid , which hath given the occasion of this adjusting of accounts with them , already hitherto , and hereafter to be mentioned . for being put on this foot of banishment in the eye of those who do not understand me , nor know the ground and reason wherefore it is so come to pass , nor what i have been to this place , and the particular men therein who have sentenc'd me thereunto , i am rendred and bespoken ( as the thing it self signifies ) such a person , and that in the judgment of those with whom i live , as deserves not a being in my native country ; whom therefore the lawes and those in power with whom i live , sent me from thence : therefore it lay upon me as a necessity to my own reputation and credit among men to this generation , and to the ages to come , thus to do my self right , that so it may appear that it was for no evil deed , but having done many good things among them , i am thus banished . and in what i have already , and have yet further to say i have , and shall say the truth , and in the contrary thereunto disprove me who can : for , i have only minded as aforesaid , to do my self this necessary right , whereunto had i not been thus compelled , i had been in silence , and these things together with my person had in process of time when i had finished my work in my generation ( for ought that i know should ever have proceeded from me , of these kind of reckonings ) been laid in the dust : but ( as i have said ) i am compelled hereunto , and those who are concern'd must hear their reckoning which they have thus compell'd , which must stand from generation to generation on record against them , which shall never be bloted out ; and let the witness of god in all men's consciences , even in them of their own principle judge when they have considered this throughout , whether have proved natural to bristol , they or i ? or whether they have done to me as they would be done unto themselves ? or whether they have rendred unto me a recompence that is meet ? i am not ignorant how even this that i have said may come to bear a misconstruction , and how it may be judged that i do this either for ostentation , or to bespeak my self with them , with whom i have to do , and so to fall under , or seek favour from them . but i am satisfied in that neither the one nor the other thus stand with me , but only as aforesaid , being ( i say again ) thus compell'd thereunto : and let him that is most envious , but put himself in my stead , and make the case his own , as is mine , and i dare stand to his judgment therein ; i say it is only because this thing of banishment in the nature of it , renders me as aforesaid in the eye of those who know me not to have so deserved , that i so write ; and for the decision hereof i leave it to the lord who knows my heart and uprightness therein , and to his witness in men , as he shall please to give it opperation in them , being sensible of his presence which is with me herein , without whom and his motion thereunto i had not written . but to proceed , thus were things finished as aforesaid , but this was not all , but rather one act for the advantage of the city , which in process of time through many changes and various interruptions and difficulties was thus brought unto effect , my natural love to my native city ended not here , nor was it herein only terminated , but as i had opportunity , and was in the place of power , my love led me to serve it , and the particular citizens and inhabitants thereof , and i think there are few men that then were judged to be men of estates , and had business but found the benefit of my endeavour one way or another , and of my being in a capacity to do them service . the company of merchants , i suppose will do me right herein , who being pursued by one lewis upon the patent for calve-skins , and butter , and endeavour'd to be brought under great damage , found my help . oft times they had addresses to the then committee for the navy in that case : their delegates can witness how ready i was to assist them there , as oft as they came up , and with what suc●…ess : then when that particular came to that height , that notwithstanding all the endeavours and suspensions , a peremptory day was set , them to plead in the exchequer , or judgment would be given against them , their then alderman ( those of them that are yet alive ) and others that were then of that company are able , and i suppose will testifie ( if not the generality of the company ) that i gave them notice from whitehall of this peremptory rule , which without their knowledge ( having not so minded that business as they ought ) was so set , & how that when they came up to me i so wrought that in the morning by nine of the clock i got the matter of judgment by the parliament taken off , which had it not been so done , had been given in the afternoon in the exehequer against them , to the damage , as was then said , of above twenty thousand pounds . there are also i suppose , yet alive of merchants that then were not of the company , who can testifie , that being pursued by the same lewis upon the foot of treble damages , which amounted to a great height upon particular persons , because that the taking off of the judgments aforesaid was upon petition of the company of merchants , and they being not actually of the company were not concern'd in the order of parliament , which was a mistake ; for upon their petition of the company of merchants it was granted which had reference to all merchants whatsoever that had to do in calve-skins and butter , not that it was granted only to those merchants who were of the company , which was the critisme , or rather than which was sought to evade the judgment so far as to them . i think there are yet alive of them , as i have said , that can witness that having put their matters into the court of indemnity , which was then at haberdashers-hall , i appeared there of my self without their desire , and pleaded their matters so , none of them being present , nor any one of councel for them , when the council on the other side pleaded i say , i so accomplished it with the commissioners that they were freed therefrom , it amounting to some in the summ of l. a piece , and to some l. as was then said , i am sure that they cannot say that they so much as paid for my comeing thither . then when in the time of the little parliament ( so called ) the company of merchants were summon'd before a committee of them to answer as to that whole business upon the same suggestions in the painted chamber , and i was retired from whitehall , i judge there are yet in being those of them that can bear me record , that at their desire in the midst of winter i rod up with them , and when the time of hearing was come , their opponents seeing me appear with papers in my hand ( for i told the merchants that i would if they pleased , and so they were , plead the matter my self without any councel ) with-drew their information , the matter falling thereby to the ground , and how that i put them to no other trouble that journey , ( if so be my being with them at their desire was a trouble ) then to bear up and down and there my own charge . afterwards since that parliament , having the shew of some trouble again , i drew the state of that case , and gave to the late alderman joseph jackson , ( who had been up about the other , with the other aldermen , and i suppose was then master of the company , when i so stated the case ) and desired him to shew it to whomsoever that hereafter should question them thereabouts , and it would satisfie them , which proved the effect ; so that to this day they have thereabouts received ( as i know of , and i judge i should have heard of it if it had been so , having been their friend therein , and in the city ) any further trouble : as the said alderman jackson ( were he alive ) for his time ( and others since ) could ( at least ) the paper it self will ) testifie . all that i received in consideration of that whole business for the said company was , they did of themselves ( for i am sure there was therein no influence of mine ) make me free , or gave me the freedom of the company . then when virginia came to be discoursed of , which was then held by the contrary party , and ships were talked of to be sent thither to reduce it ; some merchants of london would have excluded bristol , which of my self i then opposed and prevented , none of the city being there with me , they indeed not knowing thereof : and so the exclusion of that trade was prevented , which now is become the principal forreign trade of the city . in the business of english tobacco , i assisted the bringing forth of that act against the planting thereof , being discommodious to a greater benefit to the nation , and destructive to land , which in england hath better uses ; and in procuring the act for navigation , i bore a share which had its influence on the good of the city . when edward caple was sequestred in gloucestershire , and so called upon to compound in his absence at sea , and his wifes sollicitor had elap'st the day appointed for such as were in his qualification , and she was hard bestead with trouble in the thing ; i laid by mine own occasion then in london , ( which then was of some considerable loss to me ) and pittying her condition , seeing her in danger of distraction if her matters could not be retrived ; i went to the court , and being within the bar had some ruffle with the then chief baron , who desired me to let them alone , and not hinder them in the doing of justice ; i told him that i was not there to hinder them in the doing of justice , but that they might do it : for , what justice ( said i ) is it for a man to loose the benefit of composition , who really intends to comply with the law , because the negligence or falshood of his solliciter had brought him within the expiration of the day , and so excluded him the benefit of composition , as was the case of edward caple , which to me was a hard case : at length i so wrought what with the one baron , and what with the other , and the sequestrator , that she was dismist : the matter in question being l. a year free land , which ( as i remember ) was her jointure , and seven years arrears thereof , which was as much as if i had given it her in her pocket , besides it saved her from distraction . the woman was sister to henry creswick now alderman , eldest son to alderman francis creswick aforesaid ; who in recompence of what i did ( as hath been said ) for his father , and his fathers house , and his brother john , and this his sister sarah caple , and hir wifes father , alderman humphry hook , ( as aforesaid ) then which no man had done more for a family in this nation ; having not only saved him a composition , but delivered him from the force of the burgesses , and the strength of the great men of that party in the nation , notwithstanding that his estate was in part under sequestration , and the very goods of his house inventoryed , who had a very great estate ( as aforesaid ) and consequently to himself in the quiet enjoyment of what he had by his own father , and his wives , which i think was some thousands of pounds thick , he having the more of their estates , by how much the state had none , and his being freed himself with the rest that had been on the contrary party , as at large hath been declared ; i having been alwayes a tender friend to him and them never having given them so much as the least just personal cause of offence , but having been alwayes in love and tenderness to them as aforesaid , i say in recompence he caused me to be taken from a meeting , wherein we were quietly waiting on the lord without offence to any , with divers of my friends and fellow citizens , men of quality and reputation in the city , in the year he was mayor , and then committed me to the guard at the guildhall , where with the rest of my friends i lay all night on the boards in georges chapel , then to the marshalsey , an old pittiful house , ready as a man would think to have fallen about one's eares , when we had large houses of our own neer , which lay for the most part empty . and ( to add no more ) signed the warrant for my third conviction upon the first bill of which i stood indicted , and sate on the bench as one of the court that sentenc'd me to banishment , and signed the warrant for my transportation , though an alderman that sate by him refused so to do , to whom i had done no such kindness , there being only the relation of brother in law between us , whose name is tho. langton . and to shew what an ingrate spirit lay in his breast , and how unworthy he was , when i was upon the first indictment aforesaid , and in the words of soberness , and moderation desired , as it was reasonable , a copy of my indictment , and the convictions , that i might not be put to plead to a thing of that weight , as was that of which i stood indicted ; the consequence of which might remove me from my native country , my family , children , estate , relations , &c. barely upon the hearing of a paper read ; minding them that they also , as i said , we all must appear before the judgment seat of christ ; and therefore it behoved them and us so to do , as that we might be able to give a good account before him ; telling them also that if the case were theirs ; and if they stood where i did , which for ought they knew ( i said ) they might , and that for their consciences , as was my case ; they would , if it fell within their consideration , desire the same ; which drew teares from some in the hall , into a great rage he fell , and in great bitterness of spirit ; unprovoked , unexpected , unthought of , when all were silent , very falsly , and maliciously , and with the highest ingratitude , and unworthiness , said to this effect — that i , and my complices had sate in judgment upon their estates , and his in particular — who never sate in judgment upon him , or them , or their estates ; or was one of the committee , but helped them , as hath been declared , to whom i replyed — i never sate in judgment upon you , but have saved you , and this is thy gratitude — and i added , some such like kind of payment , i shall have from some more of you by and by — the court was offended with him for this retaliation , and alderman knight himself , who sate next him , thought it but an unworthy payment ; and that therefore he was too blame , and so jogged him to be silent , though at the same time in other things , he there shewed himself bad enough and in particular to me . when the isle of man was reduced , one child of this city was concern'd in a ship there taken , and sent to me thereabouts ; i spake to the council , who so much credited what i said to them about the vessel , that without so much as a deposition , or further testemony , they ordered the ship , and her appurtenances to be ( and which was ) delivered to him , i am sure it cost him not a farthing as to me . my kinsman john wright being summoned peremptorily to appear by such a day before the lords and commons for sequestration , which was within three or four dayes of the time when the summons was left him , which was with-held from serving , on purpose that he might be surpriz'd , it being in the depth of winter , and neer pauls fair , his wife also miscarrying on the fright thereof ; wrote up to me , who appeared for him before the lords and commons , and publiquely charged a member then present , of that committee , that he served that matter in the behalf of a brother of his who was in suite of law with one whitehead about a parcel of land , whom john wright assisted ( he being a man of estate , and a merchant ) to with-draw him from which , or to make him suffer , if he would not , this was offred : whereupon , and upon what else was suggested by me in that matter , he was discharged ; and an order made , that for the future , no person should be required to appear before them untill matter of delinquency was first sworn , and made good , which was of advantage to all that were concern'd in such matters as well as john wright : and i do not remember ( nay i am certain it is so ) that it cost john wright so much as the charge of his post-letter to me . the lady st. johns wife to 〈◊〉 arundel of warder castle ( who was here , i mean the man under some distemper of melancholy ) being in great distress , ( and a very stranger to me ) in so much that she was constrained in a strange place to sell off the little goods she had to give her bread , and speaking with me , i was so sensible of her condition , making it my own case , that i never left till with the committee here and above she had a clearing , and enjoyed her estate and land again ; which that noble woman ( for i call her as she was ) if alive , or her then husband , or eldest son , can at large testifie : she was a papist ( so called ) and her husband , and great oppression was exercised on her , out of which i saw her delivered , which was my only recompence . nor was i here limited , or did limit my self , but my tenderness extended it self to others that suffred : some monies i gathered and gave to bishop howel's wife , who with her children , when this city was taken , was found in distress ; and several of the then ministers had their relief from me , who were not prosecuted when articles were sent against them ; in particular henry jones of stevens , and who being cast out , i got in again , as was richard pounal at john's in particular . the time would fail me if i should instance all : the city was under a great blur of malignancy , the burgesses held it on as they could as aforesaid ; all matters ran athwart , and through the fire were drawn , that were accomplished , by reason thereof , for the city , till after the time of worcester i never gave over whil'st i had time or opportunity to serve its welfare , till all was accomplished . i never thought it too much that i did , nor of what i have done , ever did i , or do i repent ; i had no sinister end in my eye , that would now have shewn it self ; i did it whil'st i had opportunity , to do good to them , who i knew would requite me evil . i have my desire , viz. the prosperity of the place , and of these men in particular , for whom so to do , i never received from them an obligation : i am glad i had the opportunity , and that it is done . the welfare of the city , not the destruction thereof , have i sought . well may it prosper say i , and be multiplied , and that in the peace and prosperity thereof , the nation may have peace , and prosper , though for my love , and being thus in order thereunto , i am banisht my native city , and country to barbados , ( with many more of my brethren ) for my conscience to god in recompence ; which no law pointed me but to , for i was not named therein , but to them that it gave power to execute the law , and to their discretion it is by law lest , whom to take , and whether to take any or no , that they found at our meetings ; which discretion of theirs hath been thus exercised to me , who have been thus to them , who have alwayes carried my self civil , and a friend to them ; who with as much integrity of heart , and more industry have endeavoured their , and the prosperity of the city then ever i did to get penny for my child ; in recompence of which they will not suffer me to breath in my native country for my conscience , though the foot of the prosperity of them , and the city stands upon what i have freely done for them and the city ; i say , as to my particular , well may the city prosper , and be multiplied , and that in the peace and prosperity thereof the nation may have peace and prosper , but i fear , nay i am certain , that the lord wil● visit for these things ; and that he whose is conscience , and the dominion thereof , for which we suffer , will lay bristol , as it hath done london an heap for this thing ; which i would not have had , and therefore wrote to their mayor john lawford therein : for , that which led me to save it when i had power , gave me bowels over it , when i was not in the capacity to save , nor have i had so much as a rising thought in me of revenge to them herein , but is tears have wept over it and them , desiring that in this their day they would know the things that concern their peace : and so have sought their peace , when they my ruine ; and it hath been no small occasion of my suffering that they on his foot who hath saved th●● should come to split , which will be the consequence , the lord hath spoken it. newgate prison bristol the th . of the th moneth . where i remain as a banished person waiting who shall be my executioners therein . george-bishope . the end . a true relation of the storming bristoll, and the taking the town, castle, forts, ordnance, ammunition and arms, by sir thomas fairfax's army, on thursday the . of this instant septemb. . together with severall articles between prince rupert, and generall fairfax, before the delivering up of the castle. sent in severall letters to the honorable william lenthall esq; speaker of the honorable house of commons, and read in the said house. ordered by the commons assembled in parliament, that this relation with the articles, beforthwith printed and published: h: elsynge, cler. parl. d. com. rushworth, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a true relation of the storming bristoll, and the taking the town, castle, forts, ordnance, ammunition and arms, by sir thomas fairfax's army, on thursday the . of this instant septemb. . together with severall articles between prince rupert, and generall fairfax, before the delivering up of the castle. sent in severall letters to the honorable william lenthall esq; speaker of the honorable house of commons, and read in the said house. ordered by the commons assembled in parliament, that this relation with the articles, beforthwith printed and published: h: elsynge, cler. parl. d. com. rushworth, john, ?- . rupert, prince, count palatine, - . fairfax, thomas fairfax, baron, - . england and wales. parliament. house of commons. p. printed for edward husband, printer to the honorable house of commons, london, : sept. . . signed on page : i.r., i.e. john rushworth. reproduction of the original in the british library. eng bristol (england) -- history -- siege, -- early works to . great britain -- history -- civil war, - -- campaigns -- early works to . a r (wing r a). civilwar no a true relation of the storming bristoll, and the taking the town, castle, forts, ordnance, ammunition and arms, by sir thomas fairfax's arm rushworth, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true relation of the storming bristoll , and the taking the town , castle , forts , ordnance , ammunition and arms , by sir thomas fairfax's army , on thursday the . of this instant septemb. . together with severall articles between prince rupert , and generall fairfax , before the delivering up of the castle . sent in severall letters to the honorable william lenthall esq speaker of the honorable house of commons , and read in the said house . ordered by the commons assembled in parliament , that this relation with the articles , be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , sept. . . a true relation of the storming bristol , and the taking the town , castle , forts , ordnance , ammunition and arms , by sir tho fairfax's army . to the honorable william lenthall esquire , speaker of the honorable house of commons . sir , i send you here inclosed , an account of the last passages about bristol ; i have done it in haste ; i desire it may not be much published till you hear more ( which will not be long ) from your servant , i. r. sept. . at night . for his highnesse prince rupert . sir , for the service of the parliament i have brought their army before the city of bristol , and do summon you in their names , to render it with all the forts belonging to the same into my hands , to their use . having used this plain language , as the businesse requires , i wish it may be as effectuall with you , as it is satisfactory to my self , that i do a little expostulate with you about the surrender of the same , which i confesse is a way not common , and which i should not have used , but in respect to such a person ; and to such a place : i take into consideration your royall birth and relation to the crown of england , your honour , courage , the vertues of your person , and the strength of that place , which you may think your self bound , and able to maintain . sir , the crown of england is and will be where it ought to be , we fight to maintain it there ; but the king mis led by evil councellors , or through a seduced heart hath left his parliament , and his people , under god , the best assurance of his crown and family ; the maintaining of this schisme , is the ground of this unhappy war on your part : and what sad effects it hath produced in the three kingdoms , is visible to all men : to maintain the rights of the crown and kingdom , joyntly , ( a principall part whereof , is , that the king in supream acts concerning the whole state , is not to be advised by men of whom the law takes no notice , but by his parliament , the great councell of the kingdom , in whom as much as man is capable of , he hears all his people , as it were at once advising him , and in which multitude of councellors lies his safety , and his peoples interest ) and to set him right in this , hath been the constant and faithfull endeavor of the parliament , and to bring these wicked instruments to justice , that have mis-led him , is a principall ground of our fighting . sir , if god makes this clear to you , as he hath to us , i doubt not but he will give you a heart to deliver this place ; notwithstanding , all the other considerations of honour , courage , fidelity , &c. because of their consistency and use in the present businesse , depends upon the right or wrongfulnesse of this that hath been said : and if upon such conviction you shall surrender it , and save the losse of blood , or hazard of spoyling such a city , it would be an occasion glorious in it self , and joyfull to us , for the restoring of you to the indeared affection to the parliament and people of england , the truest friend to your family it hath in this world . but if this be hid from your eyes , and through your wilfulnesse this so great , so famous and ancient a city , and so full of people , be by your putting us to force the same , exposed to ruine , and the extreamities of war ( which yet we shall in that case as much as possible , endeavour to prevent ) then i appeale to the righteous god , to be iudge between you and us , and to require the wrong : and let all england judge , whether the burning of its towns , ruining its cities , and destroying its people , be a good requitall from a person of your family , which hath had the prayers , tears , purses , and blood of its parliament and people ; and ( if you look on either , as now divided ) hath ever had that same party both in parliaments , and amongst the people most zealous for their assistance and restitution , which you now oppose and seek to destroy , and whose constant grief hath been their desires to serve your family , have been ever hindred or made fruitlesse by that same party about his majesty , whose councell you act , and whose interest you pursue in this unnaturall war . i expect your speedy answer to this summons , with the return of the bearer this evening , and remain your highnesse humble servant , tho: fairfax . sept. . . prince ruperts answer . sir , i received yours by your trumpeter : i desire to know , whether you will give me leave to send a messenger to the king , to know his pleasure in it . i rest your servant , rvpert . sept. . . sir thomas fairfax's answer to the princes message . sir , your overture of sending to the king to know his pleasure , i cannot give way to , because of delay : i confesse your answer doth intimate your intention , not to surrender without his majesties consent : yet ( because it is but implicite ) i send again to know a more positive answer from your self , which i desire may be such , as may render me capable to approve my self , your highnesse humble servant , tho : fairfax . sept. . . september . seven in the morning , the trumpet went in , and was detained all that day and night ; every thing was prepared for a storme ; the souldiers had their faggots on their backs , and leaped for joy they might go on : yet about ten at night , it was held fit to give orders to put off the businesse till monday morning two of the clock . lords day , sept. . in the forenoon , the trumpet was returned with these propositions from prince rupert , which i send herewith . prince ruperts propositions , to generall sir thomas fairfax . sir , whereas i received your letter for the delivery of the city , forts , and castle of bristol , and being willing to joyn with you for the sparing of blood , and the preserving of his majesties subjects : i have upon those grounds and none other , sent you these following propositions : . that my self , all noblemen , commanders , officers , gentlemen , and souldiers of horse and foot , that have served , either his majesty or parliament in england or elswhere : as likewise all persons whatsoever , men or women , now resident in this city of bristoll , castle and forts thereof , shall have free liberty to march away out of the said city , castle and forts , with their arms , flying colours , drums beating , trumpets sounding , pistolls cock'd , swords drawn , matches lighted at both ends , bullets in their mouths , and as much powder and match as they can carry about them ; with all their bag and baggage , horses , arms and other furniture , ten pieces of canon , fifty barrels of powder , match and bullet proportionable . . that neither mine own person , nor the person of any nobleman , commander , officer , gentleman or souldier , or any other of mine or of their retinues , be searched , molested or troubled upon what pretence soever , but left to their liberties to depart or stay , as it shall be most convenient for them . . that none of your army whatsoever , shall entice or perswade any officer or souldier of mine from their regiments or celours , with any promise of preferment or reward . . that all such officers and souldiers that are hurt and sick , and cannot now march out of this city , castle and fort , shall have liberty to stay untill they be recovered , and then have safe conducts to go wheresoever they please , either to any of his majesties armies or garrisons , or their own houses , where they may live quiet , and that in the interim those being sick and hurt , may be protected by you , and have civil usage . . that all prisoners taken on both sides since the beginning of this siege , be forthwith set at liberty . . that my self , and all those above mentioned , may not be required to march further in a day , then what conveniently we may ; and that a day or two of rest be allowed upon our march , if we shall finde it requisite ; and that we be accommodated with free quarter during our march , and a sufficient convoy to any of the kings armies or garrisons , which i shall name , to secure us in our march from all injury and incivility that shall any wayes be offered unto us : and likewise , that there be one hundred and fifty cariage horses , and forty wains , with sufficient teams provided for cariages of all sorts . . that no person here in these articles mentioned , shall be in their march , randevouz , or quarters , searched or plundered , upon any pretence whatsoever : and that two officers be appointed by you ; the one , for accommodation of free quarters for officers , souldiers , and others ; and the other , for providing of horses and carriages for our baggage and train . . all noble-men , gentle-men , clergie-men , citizens , resiants , or any other person within this citie , suburbs , and liberties thereof , shall at any time when they please , have free liberty to remove themselves , their goods and families , and to dispose of them at their pleasures , according to the known and enacted laws of the land ; either to live at their own houses , or elsewhere ; and to enjoy their houses , lands , goods , and estate , without any molestation , and to have protection for that purpose ; and this article to extend to all those whose estates are sequestred or not sequestred ; and that they may rest quiet at their abodes , and travell freely and safely upon their occasions : and for their better removall , they may have letters of safe-conduct , with horses and carriages at reasonable rates , upon demand . . that all persons above-mentioned may have free liberty to passe to any parts beyond the seas any time within three moneths , as their occasions shall require . . that the lines , forts , castle , and other fortifications about or in the citie of bristol , be forthwith slighted , and the city stated in the same condition it was before the beginning of this unnatural war : and that hereafter the parliament , during this war , place no garison in it . . that no churches be defaced : that the severall members of the foundation of this cathedral , shall quietly enjoy their houses and revenues belonging to their places ; and that the ministers of this citie may likewise enjoy their benefices without any trouble . . that no oathes be imposed upon any person now in this citie , suburbs , and liberties , other then such as are required by the ancient and enacted laws of the land . . that the maior , sheriffs , aldermen and citizens within his corporation of the city of bristol , shall be free in their persons and estates , and enjoy all their priviledges , liberties , and immunities , in as full and ample manner as formerly at any time they did , before the beginning of this war ; and that they shall have freedom of trade both by land and sea , paying such duties and customs as formerly they have done , to his majestie : and that no mulct of fine be imposed upon any person mentioned in this article , upon any pretence whatsoever ; or questioned for any act or thing done or committed before the day of our marching forth : that no free quarters shall be put upon them without their own consents . . that all other persons whose dwellings are in this citie , and now absent , may have the full benefit of these articles , as if they were present . . that all noblemen , gentlemen , and others , who have goods in this citie , and are now present or absent , may have liberty at any time within three moneths to dispose of their goods as they please . . that there be no plundering , or taking away of any mans person , or any part of his estate , under what pretence soever ; and that iustice , according to the known laws of the land , be administred to all persons within this citie by the civil magistrates . . and for the performance of these articles , i expect such hostages to be given as i shall accept of . and hereunto i desire your speedy answer . sir , by this you may evidently perceive my inclination to peace ; and you may be assured that i shall never desire any thing more then the honour of the king , and safety of the kingdom , and that i may become , sir , your servant , rupert . septemb. . . the generalls answer to prince ruperts propositions . sir , i have perused your propositions , wherein some things are doubtfully expressed ; other things inconsistent with the duty i owe to them i serve . notwithstanding , to the end i may give assurance , that i earnestly desire to save effusion of blood , and the ruine of a city and people , that may in time be so serviceable to the crown and kingdom : if it please your highnesse that committees may treat between us , concerning the accommodating of things , i hope to make it evident to the world , that what shall respect the honour of a souldier , due civility to all men , the good and welfare of the people of that city , both in passing by what is past , and restoring them to the priviledges of all other subjects , and to the immunities of their city , will readily be condescended unto by me . and to the end no time may be lost , i have hereinclosed sent you the names of committees , who upon the return of hostages of equall condition unto me , shall attend your highnesse sufficiently instructed , to conclude on my part : provided the said treaty be ●nded by nine of the clock this night . and to this , i desire your answer within the space of an hour , and remain your highnesse's humble servant , t. fairfax . sept. . . this answer being returned presently after dinner by the same trumpeter , he was detained till eight at night , and then he brought this answer from the prince , or to this effect , in writing : that he hoped his propositions had been such as need no explanation ; yet , because some doubts were made , he was willing to have the exceptions set down in writing , and his highnesse would return answer . so this night also , though eight men were drawn out and appointed to their severall posts , the storming was put off ; and to morrow a certain hour will be set the prince peremptorily for his positive answer . there can be but two things , in my opinion , induces the prince to offer conditions ; either he is not able to defend the place , and in fear of sir lewis dives conditions , if he be driven for refuge into the fort royall ; or else , he doth it to gain time , till his counter-scarfes and inner-lines be finished , which he is very active in making day and night ; or that he expects aid from the king , or goring , neither of which are moving this way , as our intelligence is ; and therefore ( on that reason ) one dayes time longer is given . no man knows how this businesse may work , especially with the towns-men : if the generals answer be made known to them , or if a treaty be imbraced , the noise of it , and the sight of committees , will make men greedy of conditions , or unwilling to resist , if on the princes part it be broken off . truely , i think , some good will come of the proposition , which i rather wish then by storm ; though by the latter , we shall reduce them to more extremities . god by his providence will order things for the best : i doubt not of good successe , which way soever is taken : for the articles that are point of honour , i beleeve will not be much insisted on , as to grant four peece of ordinance , where ten is desired , and so proportionably of other things ; and all demands of civility . the essentiall articles are : exemption from sequestration : cathedrall men to continue ; against which there is an ordinance : the works to be demolished , and no garison hereafter ; which may be inconvenient : these articles will receive dispute ; if they will agree , the fort and castle may have a reasonable garison , the town perhaps will be exempted . by to morrow night i shall acquaint you more : in the mean time i desire you these may not be too publike , till you hear further from the generall himself , who is so busied he cannot write , neither to your self , nor the committee of both kingdoms . sept. . past at night . sir , before i descend to the particulars of bristol , i shall humbly beg leave to offer a word or two , to vindicate the army for coming hither after the taking of sherborn-castle , because some endevours have been , to perswade a belief , that for respect to some particular men , or other self-end , the army was drawn to decline the west , and come hither : me thinks it should be sufficient to convince any ( reasonable ) man , that to adventure naked bodies against an army defended with stone-walls , strong-works , and a castle , and to bring them into apparant danger of being visited with the plague , ( for that they must quarter where the sicknesse was very rife ) was an argument of little self-respect ; and when the city was gained , little could our security be to remain there , where died weekly of the plague . surely sir , it was god that put it into the heart of the generall and his officers to come before this place , and a regard they had unto the publike : and indeed god hath appeared to own our coming hither , in preserving this army from the infection of the plague , considering that the souldiers ( do what we can to prevent it ) run daily into infected houses ; and to this day , not a man in the army dead thereof , that i can hear of , but one . for the reasons inducing this army to come before this place , rather then at that time , to advance further west , had i time , i beleeve i should make it evident unto you , that to come before this city , was most for the service of the kingdom , and the safest and most secure course that could have been taken , to reduce the west to a thorow obedience to the parliament : and this might be laid for a ground , that this army could not ( having a regard to the safety of other parts of the kingdom , on any emergent occasion or accident , and to its own security ) march from sherborne into cornwall , ( as in all probability the army must have done , if the enemy had drawn there together in a body ) leaving bristol a garrison on our backs , and prince rupert at liberty , with neer . horse , and . foot , besides the addition of other forces that might be joyned to his , to range all over wiltshire and dorsetshire , and draw to them the assistance of the ill affected club-men ( we being not able to leave strength to secure bathe , bridgewater , and other garisons , ) and sufficient power to ballance his forces . but this place being reduced , there is no garison in the west of england left behinde us , that can secure or countenance the raising of any considerable force : besides , the reputation in the gaining of this place , may operate so much among men ( that are not void of reason or sense ) as ( perhaps ) without many blows more , to reduce the west of england , and put fair to settle england too , which was once very low when this place was first lost . also , the club-men are hereby engaged , who have declared to assist this army against the enemy . the example whereof , may do much elsewhere , especially in wales , where ( by our gaining of bristol and kings-road ) the people will undoubtedly be our friends . craving pardon for this digression , i now come to the businesse of besieging and storming of bristol . saturday the . of august , the army encompassed the city round , both on gloucestershire and somershireside , our horse having been there some dayes before , to prevent the burning of the towns and villages adjacent , whose seasonable coming , saved the burning of stapleton , hanham , and other towns , which the enemy had sent out parties of horse with fire-balls to set them on fire , but that our horse repulsed them ; but bedminster , clifton , and other places , they consumed by fire . from that time , till the . of september , the weather was so extreme wet , that both man and horse with hard duty grew weak , and died in the field : during that unseasonable weather , the army was unfit for assault . the weather no sooner changed , but our souldiers ( being refreshed with the warm beams of the sun ) were impatient of falling on , being not out of action the time before , having had severall skirmishes with the enemy , where they took sir barnard ashley , and others ; besides , the taking in of ports-head point fort , and fix peece of ordnance . the generall ( with lievtenant generall cromwell ) having taken , full , and exact views of the line and works , and what places most fit to enter on , called a councell of war ( having first set a day a part for the army to seek god by prayer and fasting , to direct them in what they were to undertake : ) at which councell , it was resolved on , to storm the place , as most necessary to the timely reducing of it , and of having the army timely in a condition to oppose an enemy that should advance towards us : laying this for a ground . that if all the citie and forts were not carryed at first , yet so much would be gained ( by gods blessing ) as a small strength with the assistance of the clubmen , would keepe them in , in a narrow compasse , and the rest of the armie would be at libertie , to meet an enemie ; hereupon , and other weighty ●easons , a summons and friendly advise , was septemb. . sent from the generall to prince rupert ( of which i sent you a copie formerly ) and september . returned answer , that he desired to know , if the generall would give him leave to send it to the king : who returned answer , he could not , ( because of delay ) give way unto it : and fearing lest the prince intended by this overture of a surrender , to gaine time , rather then otherwise : the manner of storming was agreed on , which was to be after this manner : collonel weldon , with his brigade , consisting of the foure taunton regiments , viz-collonel vveldon , collonel twooldsbies , col. fortescues , and col. herberts regiments , ( whose posts were to make good somersetshire side ) was ordered to storme in three place , viz. two hundred men in the middle , two hundred on each side , ( as forlorne hopes ) to begin the storme , twenty ladders to each place , two men to carry each ladder , and to have five shillings a peece , two serjeants that attend the service of the ladder , to have shillings a man ; each musquettier that follows the ladder , to carry a faggot , a serjeant to command them , and to have the same reward ; files of men , with fire , armes , and pikes , to follow the ladders to each place , where the storme is to be , those to be commanded each by a captaine , and lievtenant ; the lievtenant to goe before with five files , the captaine to second him , with the other seven files : the two hundred men that are appointed to second the storme , to furnish each partie of the , twenty pyoneers , who are to march in their reare . the two hundred men , each to be commanded by a field-officer , and the pioneers each by a serjeant . those pyoners are to throw down the lyne , and make way for the horse : the partie that is to make good the line , to possesse the guns , and turn them . a gentleman of the ordnance , gunners and matrosses , to enter with the parties , the draw-bridge to be let down , two regiments and a halfe of horse , to storme in , ( after the foot ) if way be made : much after this manner was the generalls brigade under col●onel monta●ues command , ( consisting of the generals , col. montagues , col. pickerings , and sir hardresse vvallers regiments ) to storm on both sides of lawfords gate , both to the river avon , and the ( lesser ) river froome . the bridge over froome to be made good against horse with pike , or to break it down . collonel rainsboroughs brigade ( consisting of his own , major generall skippons , col. hamonds , col. birches , and col. barkleys regiments ) to storm on this side the river froome , beginning on the right hand of the sally port , up to pryors fort , and to storm the fort it selfe , as the maine businesse , two hundred of this brigade to goe up in boates with the seaman , to storm vvaterfort , ( if it be to be attempted ) one regiment of foot , and one of horse to be moving up and down in the closes before the royall fort , and to ply hard upon it , to alarum it , with a field officer to command them . the regiment of dragoones with two regiments of horse , to carry ladders with them , and to attempt the lyne and workes , by clifton and vvashingtons breach ; the manner of storme being thus agreed on ( though its probable some more certaine information might change the attempts from some place to another ) the souldiers were drawn out , to try their inclination , in whom more courage , joy , and resolution could not appeare in men . the generall to make good his promise , to reward them for the service at bridgewater , ordered them six shillings a man , which by the care of the commissioners of parliament , was immediatly payd unto them , and put a great obligation upon the souldier . on the last lords day , prince rupert , being prest by the generall for a positive answer to his summons , sent propositions of surrender : the answering of which , and replyes on both sides , spent time til tuesday five in the afternoone , and then the prince appeared in his proper colours , to be a man that pretended one thing , and intended another ; delatorie proceedings , you will the better discerne , by all the letters and answers , which time will not now give me leave to repeat . the prince , noblemen , souldiers , and citizens , being left inexcusable , for refusing such honourable conditions as was offered them , and being guiltie of that blood that should be spilt . the same night , after the treatie broke off , tuesday september . at at night , all the armie , horse and foot , round the citie , were set in a posture to fall on ; the signes were to be , to give notice when the storme should begin , by kindling a fire of straw , and shooting off soure great guns . the word during the storme , was david : the word after the lyne was entered , was the lord of hosts : about two of the clock in the morning the storm begun , the souldiers shouted for joy , the service was very hot for a time , especially with collonel rainsboroughs brigade , who with a partie of his force , spent almost three houres in the storming of the pryors fort , a place of great advantage ; which piece of service was as bravely performed , as ever thing was done by man : in re●ard they were put to the utmost , by scaling ladders to win the fort , they cut in pieces most of the forces in the fort , and made the rest unserviceable , they gave no quarter to major price in the fort . this brigade tooke foure great peeces in this fort , and two more in a redoubt ; and collonel montagues brigade tooke sixteen peeces in the severall workes , and halfe moones , which they gained by storming . the other brigade under colonel welden , fell on on s●mmerset-shire side , with a great deale of resolution but when the ladders were sett to the workes , they were to short , the moat being very deepe , so they only alarum'd the enemy : the clubmen they fell on at bedminster , and much terrified the enemy : our losse of men was inconsiderable , not credible almost , i assure you , that in col. rainsboroughs and collonel montagues brigade , not fortie men are lost , our horse entred with the foot . the pyoneers having thrown down the lyne , and beat off the enemies horse , and took col taylor , formerly a member of parliament , being mortally wounded : we had on our part capt. ireton sore wounded , a captain of horse , an honest and stout man , major bethel slightly wounded : major saintleger , and two majors more of the enemie , and divers others are prisoners : we are now planting peeces against the castle , which in houres we hope to have . the enemie hath fired the citie in three places . i am sir your servant i. r. sept. . eight in the morning , lawfords gate . sir , since the writing of this inclosed at eight in the morning ; the prince sent out for a parly , which by sixe at night produced these inclosed articles . you see how much god workes for us , beyond expectation . i have writt continually unto you , that i was even well assured of successe upon this place , there is that seeking of god , by our commanders and souldiers , by prayer and fasting , and that unitie of spirit amongst them , and by facile undertaking their dessignes , that a blessing attends their councells and attempts , there is not that striving here , who shall receive most honor , but who is most humble in what successe soever god pleases to give , here is collonel murrey and another knight , come to the generals quarters , as hostages for the performance of the articles , and sir robert pye , and sir hardress waller to go as hostages to the prince , pardon the extreame hast sir of . your most humble servant j. r. september tenth , . eight at night . articles of agreement betweene the commissioners appointed on the behalfe of his highnesse prince rupert , and his excellency sir thomas fairfax for the surrender of the city of bristoll . september the tenth . that his highnesse prince rupert and all noblemen , commanders , officers , gentlemen , and souldiers , and all other persons whatsoever now residing in the citie of bristoll , the castle and forts thereof , shall march out of the said citie , castle , and forts thereof , with colours , pikes , and drummes , bagge and baggage . the prince his hignesse , all noblemen , gentlemen , and officers in commission , with their horse and armes , and their servants with their horses , and swords , and common-souldiers with their swords . the prince his life guard of horse , with their horse and armes , and two hundred and fifty horse besides to bee disposed by the prince , and his life guard of firelocks , with their armes & each of them one pound of powder , and a proportion of bullet let , and that none of the persons who are to march out on this article , shall be plundered , searched , or molested . that such officers and souldiers as shall be left sicke or wounded in the city , castle or forts , shall have lib●rty to stay till their recovery , and then have safe conducts to goe to his majesty , and in the interim to be protected . that the persons above mentioned , who are to march away , shall have a sufficient convoy , provided for them to any such garrison of the kings as the prince shall name , not exceeding fifty miles from bristoll , and shall have eight dayes allowed for their march thither , and shall have free quarter by the way , and shall have two officers to attend them for their accommodation , and twenty waggons for their baggage , if they shall have occasion to use the same . that all the citizens of bristoll , and all noble-men , gentle men , clergie-men , and all other persons , residing in the said city and suburbs of the same , shall be saved from all plunder and violence , and be secured in their persons and estates , from the violence of the souldier , and shall injoy those rights and liberties , which other subjects enjoy under the protection and obedience of the parliament . that in consideration hereof the city of bristoll , with the castle and all other forts and fortifications thereof without any slighting or defacing thereof , and all the ordnance , armes , ammunition , and all other furniture , and provisions of warre . excepting what is before allowed , shall be delivered up to sir thomas fairfax , to morrow being thursday the eleventh day of this instant september by one of the clocke in the afternoone without any deminution or imbezelment , his highnesse prince rupert , then nameing to what army or garrison of the kings be will march . that none of the persons who are to march out on this agreement , shall plunder hurt or spoyle the town , or any person in it , or carry out any thing , but what is property their owne . that upon signing these articles , collonel okey and all persons , now in prison in the city of bristoll , the castle or forts of the same , shall immediatly be set at liberty . that sufficient hostages be given to sir thomas fairfax , such as he shall approve this night , who are to remaine with him , untill the city be delivered . that neither the convoy nor officers , sent with the prince shall receive any injury , in their going or comming back and shall have seven dayes allowance for their returne . that upon the delivering of the towne , sufficient hostages be given for performance of the articles on both parts . signed by us the commissioners on the behalfe of his highnesse prince rupert . io. mynn , w. tillyer , william valuasor . signed by us the commissioners appointed on the behalfe of his excellency sir thomas fairfax , edw. montague , tho. rains-borough , io. pickering . finis . an account of the proceedings of the corporation of bristol in execution of the act of parliament for the better employing and maintaining the poor of that city cary, john, d. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an account of the proceedings of the corporation of bristol in execution of the act of parliament for the better employing and maintaining the poor of that city cary, john, d. ? [ ], p. printed by f. collins ..., london : . reproduction of original in bodleian library. signed: john cary. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. poor -- england -- bristol. bristol (england) -- history. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an account of the proceedings of the corporation of bristol , in execution of the act of parliament for the better employing and maintaining the poor of that city . london : printed by f. collins in the old baily . . to the right honourable and honourable , the lords spiritual and temporal , and commons in parliament assembled . may it please your honours , i humbly make bold to lay before your honour 's an account of our proceedings in the city of bristol on the act of parliament for erecting hospitals and work-houses for the better employing and maintaining the poor of that city , which passed in the first sessions of the parliament begun at westminster the nd of november . whereby the power invested in the corporation commenced from the th of may . the first thing we did was to choose four guardians for each of our twelve wards , as the statute does direct , which , with the mayor and aldermen , amounted to sixty guardians , and made up our court. the court being thus constituted , at our first meeting we chose our officers appointed by the said act , viz. a governour , a deputy-governour , twelve assistants , a treasurer , a clerk , and a beadle . this being done , we ordered the guardians who dwelt in each parish , to bring in an account of all the poor in their respective parishes , their names , ages , sexes , and qualifications . also an account of the charges expended for maintaining them in each of the last three years , that so we might bring it to a medium . we also appointed certain standing rules for the better governing our debates , and ordered all things done in the court to be fairly enter'd in a journal . we likewise considered which would be most for the advantage of the corporation , to build work-houses , or to purchase such houses , which being already built , might be altered and made fit for our purpose . these things spent much time , and it was about the month of september before we could settle the medium of the poor's rates , in order to certifie to the mayor and alderman what sum was necessary to be raised on the city for the next year . but here we met with an unexpected remora , mr. samuel wallis was succeeded in his majoralty by mr. j. h. and this change made a great alteration in our affairs : for whereas the former had given us all the incouragement we could expect from him , and had done us the honour to be our first governour , the latter resolved to obstruct us all he could . and because the power of raising money was vested in him and the aldermen , he absolutely refused to put that power in execution . this , together with his other endeavours to brow-beat the corporation , kept us at a stand till october ( . ) only our court met , and discourst things , and we laboured to keep up the spirits of our friends , who began to sink under these discouragements , and to despair of success , the work seeming difficult enough in it self ; our undertaking being nothing less , then to put to work a great number of people , many of which had been habited to laziness and beggary ; to civilize such as had been bred up in all the vices that want of education could expose them to ; and to clothe , lodge , and feed them well , with the same sum of money which was distributed among them when they begg'd , lay in the streets , and went almost naked . yet all this would not have discouraged us , could we have prevailed on mr. mayor to have joyned with us . we often sought it , and he as often refused us , till his time being expired , his successor granted our request ; and then , having lost much time , we were forced to make large steps . the first we made was , a vote to take on us the care of all the poor of the city ; and as i remember , this vote passed in october or november . though we had then no money raised , nor could we expect any till after our lady-day . so that from the passing that vote to this time is about two years . the next step was to appoint a committee of twelve to hear the complaints of the poor , to relieve them , and set them at work ; six whereof were to go out every month , and to be succeeded by six more , to be chosen by ballating . we had formerly obtained from the mayor and common-council , in the majoralty of alderman wallis , the grant of a work-house , which then lay unoccupied , and the court had appointed a committee to place as many girls in it as it would conveniently contain , both as to lodging and working . this is that we called the new work-house . but all things having stood still so long , we resolved now to lose no more time ; yet we had no money , nor could we expect any in less than six months from the poor's rates ; therefore we re-resolved to make our several loans for twelve months without interest to the corporation on the credit of their common seal ; in which design many of the citizens lent their assistance , whereby we became soon masters of about six hundred pounds stock . likewise our guardians , who were appointed to pay the poor in their several parishes , voluntarily advanced their weekly payments , till they could be reimburst by the treasurer . the other stock we employed to furnish beds and other necessaries for our house , clothes and provisions for our children to be taken in , and materials for their working . we had now two committees ; one for the poor , the other for the new work-house . the committee for the poor met twice every week : and in this committee we proceeded thus ; first , we voted that the poor of the city should be visited in their respective parishes , and that new poor's rates should be made ; and accordingly we ordered the guardians of each parish to bring together the poor on a certain day in some convenient place , where the committee met , and without partiality endeavoured to provide for every one according to their wants . we likewise took notice of all the young girls that were on our poor's books , and of such whose parents took no due care of them ; and these we recommended to the committee of the new work-house , to be taken in , and employed by them . our poor's rates we made in this manner : every one that expected relief came before us with their whole families , except such as were impotent and could not come : in our books we put down the name of the man , the woman , and each child ; together with the qualifications of all , either as to age , health , civility , &c. what each person did or could get by the week , and in what employment . we likewise set down for what reason the charity was bestowed , that when that should cease , or we could find out any other way to provide for it , the charity should likewise cease . having thus seen the state of all our poor , and provided for them , the committee sat twice a week in the publick court , to hear and provide for all casual complaints ; which we did in this manner ; we ordered that the poor in their respective parishes , should first apply themselves to their guardian or guardians , who were to relieve them as they saw fit , till the next sitting of the committee , when they were to bring them up with their complaints , if they were able to come ; and this we did , lest the committee ( three whereof made a quorum ) should be deceived ; who could not be supposed to know the state of all the poor in the city , and by this weans we had the opinion of the guardian of each parish ; nor could he easily deceive us , because he brought the poor with him , and thereby the committee became judges of the matter laid before them . at these meetings care was taken of the various cases and exegencies which offered , and in all things there was a regard , as much as could be , to put people on living by their own labours . to such as were sick , we gave warrants to our physician to visit them ; such as wanted the assistance of our surgeons were directed to them , and all were relieved till they were able to work ; by which means the poor having been well attended , were set at work again , who by neglect might with their families have been chargeable to the corporation ; for some we provided clothes , for others work ; where we found people careful , but wanted a stock to employ themselves and their children , we either lent or gave it ; where they wanted houses , we either paid the rent , or became security for it ; where we found them opprest , we stood by them ; where differences arose , we endeavoured to compose them ; so that in a little time all the complaints of the poor came to this committee , ( which saved our magistrates a great deal of trouble ) and care was taken that none went away unheard . the committee at first sat twice a week , but now only once in a fortnight ; not that we grew slack in the care of our poor , but because their number being so much abated by those received into our several work-houses , the business does not require their meeting oftner . the other committee , ( viz. ) that for the new work-house , having furnished it in order to receive in the young girls , first began with such as were recommended to them by the committee for the poor ; and this method hath been generally observed ever since , both by that committee , and also by the committee since chosen for our other work-house ; not that either of them depends ou the other , but because the first application for relief is made to the committee for the poor . but before we took in the girls , we first considered of proper officers to govern them ; and these consisted of a master , whose business was to receive in work , and deliver it out again , and to keep the accounts of the house , &c. a mistress , whose business was to look after the kitchin and lodgings , to provide their meals at set times , and other things which related to the government of the house . tutresses to teach them to spin , under each of which we designed to put five and twenty girls . a school-mistress , to teach them to read. servants in the kitchin , and for washing , &c. but these we soon discharged , and caused our biggest girls to take their turns every week . we also appointed an old man to keep the door , and to carry forth and fetch in work , and such kind of services . being thus provided , we received in one hundred girls , and set them to work at spinning of worsted yarn ; all which we first caused to be stript by the mistress , washed , and new clothed from head to foot ; which , together with wholsome dyet at set hours , and good beds to lye on , so incouraged the children , that they willingly betook themselves to their work . we likewise provided for them apparel for sundays ; they went to church every lord's day ; were taught their catechisms at home , and had prayers twice every day ; we appointed them set hours for working , eating , and playing ; and gave them leave to walk on the hills with their tutresses , when their work was over , and the weather fair ; by which means we won them into civility , and a love to their labour . but we had a great deal of trouble with their parents , and those who formerly kept them , who having lost the sweetness of their pay , did all they could to set both the children and others against us ; but this was soon over . hitherto things answered above our expectations ; our children grew sober , and worked willingly , but we very much questioned , whether their labours at the rates we were paid , would answer the charge of their maintenance ; and if not , our great doubt was how we might advance it , without prejudicing the manufactures . to clear the first , we supposed ourselves in a fair way , having appointed their diets to be made up of such provisions as were very wholsome , afforded good nourishment , and were not costly in price , ( viz. ) beef , pease , potatoes , broath , pease-porridge , milk-porridge , bread and cheese , good bear , ( such as we drank at our own tables ) cabage , carrots , turnips , &c. in which we took the advice of our physician , and bought the best of every sort . they had three meals every day , and as i remember , it stood us ( with soap to wash ) in about sixteen pence per week for each of the one hundred girls . we soon found the effect of their change of living , nature being well supported , threw out a great deal of foulness , so that we had generally twenty down at a time , in the measels , small-pox , and other distempers ; but by the care of our physician , and the blessing of god on his endeavours , we never buried but two , though we have had seldom less than one hundred in the house at any time . having thus provided for their dyets , we next appointed their times of working ; which in the summer was ten hours and a half every day , and an hour less in the winter ; by which means we answered the two objections raised against the poor , ( viz. ) that they will not work , and that they spend what they get in fine feeding . but we soon found , that the great cause of begging did proceed from the low wages for labour ; for after about eight months time , our children could not get half so much as we expended in their provisions . the manufacturers , who employed us , were always complaining the yarn was spun course , but would not advance above eight pence per pound for spinning , and we must either take this , or have no work . on the other side , we were labouring to understand how we might distinguish , and put a value on our work , according to its fineness . this we did by the snap reel , which when we were masters of , the committee made an order , that the master should buy in a stock of wool , and spin it up for our own accounts , and then proceeded to set the price of spinning by the snap reel , wherein we endeavoured to discourage course work , and to encourage fine , because we saw the latter was likely to bring most profit , not only to the poor , but to the kingdom in general . we likewise ordered some things to be made of the several sorts of yarn , at the rates we had set them ; and on the whole , we found the commodities made of fine yarn , though they were much better than those made of course , yet stood us in little more ; because what the one exceeded in the charge of spinning , was very much made good in abatement of the quantity used . we therefore sent to the manufacturers , and shewed them what experiments we had made ; but finding them still unwilling to advance above the old rate , the committee voted that they would give employment to all the poor of the city , who would make application to them , at the rates we offered to work , and pay them ready money for their labour . we soon found we had taken the right course , for in a few weeks we had sale for our fine yarn as fast as we could make it , and they gave us from eight pence to two shillings per pound for spinning the same goods , for which a little before they paid but eight pence , and were very well pleased with it , because they were now able to distinguish between the fine and course yarn , and to apply each sort to the use for which it was most proper : since which they have given us two shillings and six pence per pound for a great many pounds , and we spin some worth three shillings and six pence per pound spinning . by this means we had the pleasure of seeing the children's labour advanced , which a little before i came up , amounted to near six pounds per week , and would have been much more , but that ●ur biggest girls we either settle forth , or put in the ktchin ; and those we receive in being generally small , are able to do ltitle for some time after . the encouragement we had received on this beginning , put us on proceeding further : the court resolved to purchase a great sugar-house , out of the money directed by the act to be raised for building of work-houses , and fit it up for receiving in the remainder of the poor , ( viz. ) ancient people , boys , and young children ; which was accordingly done , and a committee was appointed to mannage it . this we called the mint workhouse , because it had been lately hired by the lords of the treasury for that use . the committee began to take in the boys in august last ; these we clothed , dyeted , and governed , much after the same manner as we had done the girls , but put them on a different employment , ( viz. ) spinning of cotten wool , and weaving of fustians : we have now about one hundred of them together , who settle well to their work , and every day mend their hands ; they get us already six pounds per week ; they are likewise taught to read , and we shall hereafter teach them to write . we next took in our ancient people ; and here we had principally a regard to such as were impotent , and had no friends to help them , and to such as we could not keep from the lazy trade of begging ; these we clothed as we saw they needed , and put on such employments as were fit for their ages and strengths , having our eyes chiefly on those to which they were bred ; we found it difficult at first to bend them down to good orders , but by degrees we have brought them under government . then we called in all the children that were on our poor's books , and put them under nurses ; those who can speak and go are carried down into the school to learn their a , b , c , &c. as they grow up , we shall put them into the working rooms . the boys are kept at a distance from the ancient people , who do also lodge in distinct apartments , the men in several chambers on one floor , and the women on another ; all do something , though perhaps some of their labours comes to little , yet it keeps them from idleness ; both the old and young attend prayers twice a day , ( except the bedridden , for whom other care is taken ) and go to church twice on sundays . we have now three standingcommittees , ( viz. ) for the poor , for the new work-house , and for the mint work-house : the first gives all directions , and makes all allowances , for the poor , without whose order no guardian can act any thing considerable , except in cases of absolute necessity , which at the next meeting of the committee he must give an account of , and desire their approbation . the other two committees have power to act in the affairs of that work-house for which they are chosen : they receive in both old and young ; they bind forth apprentices , correct , order the dyet as they please , oversee the working , sell the manufactures when made , order the payment of all moneys , which cannot be done unless the note be sign'd by the chair-man ; and generally direct every thing relating to those houses . the accounts are made up thus : the treasurers account is audited every year by a committee chosen for that purpose ; at which time he is succeeded by another treasurer , chosen by the court : the accounts of the guardians who pay the poor in their several parishes are audited every three months , by a select committee chosen likewise by the court , and are then paid by the treasurer : the accounts for each workhouse are audited by the respective committee every month , when the master adjusts , not only his account of cash , but also of each particular specie of goods he hath under his care , the ballance whereof is still carried forward to the next , which when allowed of is signed by the chair-man : and the account for each house is so stated , that it shews at one sight , what the house is indebted ; what debts are outstanding , and from whom ; what goods remain in the house , and the quantity of each specie . at the making up these accounts nothing ( unless very trivial ) is allowed , for which an order is not produced , or found entered in our books , so that 't is very difficult to wrong the corporation of any thing , if any guardians should endeavour it . these committees keep their journal books , wherein all they do is fairly transcribed , and signed by the chair-man . this is what at present occurs to my memory touching our work-houses at bristol ; i have been as brief as the nature of the thing would admit : the success hath answered our expectation ; we are freed from beggars , our old people are comfortably provided for ; our boys and girls are educated to sobriety , and brought up to delight in labour ; our young children are well lookt after , and not spoiled by the neglect of ill nurses ; and the face of our city is so changed already , that we have great reason to hope these young plants will produce a vertuous and laborious generation , with whom immorality and prophaneness may find little incouragement ; not does our hopes appear to be groundless , for among three hundred persons now under our charge within doors , there is neither cursing nor swearing , nor prophane language , to be heard , though many of them , were bred up in all manner of vices , which neither bridewell nor whippings could fright them from , because , returning to their bad company for want of employment , they were rather made worse then bettered by those corrections ; wherers the change we have wrought on them is by fair means . we have a bridewel , stocks and whipping-post , always in their sights , but never had occasion to make use of either . what is done in that city i humbly hope may be carried on by the same steps throughout the kingdom , if the bill for that purpose now depending in parliament , doth obtain the sanction to be past into an act. the poor may be set at work , their wages advanced without danger to our manufactures , and they thereby enabled to live on their own labours , whereby the charge of the poor's rates may be saved , and a great many worthy benefactors encouraged to give , when they shall see their charity so well disposed of . this i have great reason to hope , because we have had near one thousand pounds freely given to us within the compass of one year , and much thereof by gentlemen who dwelt at a distance from us , only were willing to encourage a work they saw likely to be carried on , which might be of good example to the nation . i am , with all dutiful respect , right honourable and honourable , your honours most obedient servant john cary . iehovah iireh: or, gods providence in delivering the godly. opened in two sermons in the citie of bristoll, on the day of publike thanksgiving in that citie, march . . for the deliverance of that citie from the invasion without, and the plot of malignants within the city, intended to have been acted the tuesday night before. with a short narration of that bloody and abominable plot. preached by iohn tombes, b.d. it is this two and twentieth day of aprill, anno dom. . ordered by the committee of the house of commons in parliament concerning printing, that this booke intituled, johovah jireh, or gods providence in delivering the godly, be printed. john white. tombes, john, ?- . this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason e _ this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) iehovah iireh: or, gods providence in delivering the godly. opened in two sermons in the citie of bristoll, on the day of publike thanksgiving in that citie, march . . for the deliverance of that citie from the invasion without, and the plot of malignants within the city, intended to have been acted the tuesday night before. with a short narration of that bloody and abominable plot. preached by iohn tombes, b.d. it is this two and twentieth day of aprill, anno dom. . ordered by the committee of the house of commons in parliament concerning printing, that this booke intituled, johovah jireh, or gods providence in delivering the godly, be printed. john white. tombes, john, ?- . england and wales. parliament. house of commons. aut [ ], p. printed by rich. cotes, for michael sparkes senior, london : . annotation on thomason copy: "may. ". reproduction of the original in the british library. eng bristol (england) -- history -- siege, -- sermons -- early works to . great britain -- history -- civil war, - -- early works to . a (thomason e _ ). civilwar no iehovah iireh: or, gods providence in delivering the godly.: opened in two sermons in the citie of bristoll, on the day of publike thanksgi tombes, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion iehovah iireh : or , gods providence in delivering the godly . opened in two sermons in the citie of bristoll , on the day of publike thanksgiving in that citie , march . . for the deliverance of that citie from the invasion without , and the plot of malignants within the city , intended to have been acted the tuesday night before . with a short narration of that bloody and abominable plot . preached by iohn tombes , b. d. it is this two and twentieth day of aprill , anno dom. . ordered by the committee of the house of commons in parliament concerning printing , that this booke intituled , johovah jireh , or gods providence in delivering the godly , be printed . john white . london printed by rich. cotes , for michael sparkes senior , . to the noble and right worthy patriots , colonell nathaniel fiennes governour , colonell richard cole , colonell alexander popham , and to the rest of the worthy commanders , and souldiers in the city of bristoll . as it is a certaine truth , that no events happen without god , so it is most certaine that all events are ordered by gods wisedome to excellent purposes . the utmost and meet end of all gods actions is himselfe , that as all things are of him , and through him , so all things may bee to him , rom. . . the subordinate and nearer ends are many and various as the almighty sees conducible to his glory which is the utmost . and thus are wee to conceive that in the ordering of the present commotions of this land the lord hath sundry ends , whereby he will in fine shew himselfe great in counsell , though as yet we can hardly discerne whereto they tend . among many other ends he hath , these two seeme most apparent , the discovery of men , and the discovery of himselfe . for whereas on the one side the bloody minded papists , the proud sensuall libertines , the jugling deceitfull priests and prelats had gotten the reputation of honest men , and on the other side the sincere , zealous and faithfull christian suffered all indignities under the imputations of hypocrisie , covetousnesse , faction and such like calumnies ; now by these present tryalls the integrity , faithfulnesse and courage of the one , the hypocrisie , falsehood , and wickednesse of the other are made manifest . and whereas the frequency of prophane oathes , and atheisticall perjuries , the scorne of religion , derision of piety , and contempt of holinesse had worne out the apprehensions of god , and imboldned men to play with him as a contemptible name , god hath begun to discover himselfe , and yet further will in time appeare to be the great lord of hoasts , and the protector of his despised , and oppressed people . in reference to the later of these forenamed ends god hath vouchsafed to discover many plots , to give many deliverances , to doe great things in these few yeares last past for the vindicating of his owne name , the worth and innocency of his people ▪ and declaration of the malignitie of ungodly spirits . among which that which he did in preserving of this city in the late deliverance hereof is not the least , being in the apprehension of those that know all the circumstances and the concurrence of gods providence therein , a very remarkable & memorable thing . in the commemoration and acclamation thereof it pleased god that by the appointment of one of you i should have a part , having by gods providence bin driven hither for shelter against the unreasonable & impetuous violence of superstitious people enraged by the instigations of bloody minded papists , corrupt priests , and loose libertines . since which time i have been sollicited to publish these subitany meditations : though the matter deserves a more full discovery and an exacter commentary . neverthelesse that the remembrance hereof might not die , and that some light might bee added to them that seeke out gods workes as having pleasure therein , i have yeelded to their request . and forasmuch as the deliverance in the first place belonged to your selves as first destinated to slaughter , and my worke in the t●anksgiving proceeded from you , i have conceived it meetest to tender these sermons to you for your acceptance and use , praying the almighty still to preserve your persons and to direct your wayes for the publike good and your own salvation . in both which to serve you continueth yours in all humble observance , john tombes . a short narration of the late bloody and abominable conspiracy against the city of bristoll , as appeareth by the examination of the parties thereunto . . amalignant and treacherous party within this city , having long endeavoured to bring in the forces of the enemy into this city , they hoped that they had gotten an opportunity to effect their designe on tuesday night last being the seventh of march , when by their invitation prince rupert having drawne a great party of horse and dragoones with some foote to durdum downe , within two miles of this citie , the evening before that night , these treacherous and bloody persons within the towne had framed a party to fall upon the backes of the guards , and to surprize them and cut them off , and to let in the enemy , who upon the ringing of two bells , viz s. iohns and s. michaels , were to give on upon the towne without , as the conspirators were to fall upon the guards within . the ringing of these two bells being a common signe unto them both within and without the towne . for the better effecting of this trayterous and wicked conspiracy , the chiefe heads thereof had that night assembled together in their houses those of their confederacy , with divers saylers and halliers with all sorts of armes , muskets , pistolls , swords , clubs , and barrells of old nayles to charge the ordnance withall after they had furprised them . and these severall companies under their severall leaders were to have fallen upon the severall courts of guards ; master robert yeomans ( who is the head of this conspiracy and pretendeth a commission from his majesty for what he hath done ) being to fall upon the maine guard , and master george butcher with his company was to have fallen upon the guard at froome gate , and to have opened it for the enemy to enter by : others no doubt had their parts to play , and the better to distinguish themselves from those that were destinated to destruction , those that were of their party had a word which was ( charles ) and certaine markes of white tape tied upon their breasts before , and their hats behind , and such as were to be spared within doores had certaine markes set upon the inside of their doores ; for the rest ( if we may believe the speeches of an officer amongst the enemies forces ) one of them was heard to say that prince rupert had commanded them to give no quarter , but to kill man , woman and child that had not those markes upon their persons and houses . and that at the same time that they were to fall into the towne , the saylers were to set the towne on fire in severall parts ; ( which is conceived should have been captaine boones part ) but god of his mercy delivered us from this dangerous and devillish conspiracy , by some notice that we had given unto us of their meeting at yeomans his house , about an houre or two before the plot was to have beene put in exeeution , which was to have been upon the ringing of the bells about one or two a clocke in the morning . having seized on master robert yeomans with his company , and after , butcher with his company , the necke of the plot being broken within the towne , the enemy without ( whose designe as it should seeme depended much upon it ) having showne themselves upon the downe the next morning after two or three shot of canons made against them from our worke upon brandon hill , they wheeled off , and so god put a hook into their nostrills , and turned them back againe : for which great mercy of his in delivering us from a dangerous invasion of the enemy without , and from a damnable conspiracy of some traytorous inhabitants within the city ; both this towne and the whole kingdome ( so far as it is concerned in the preservation of this city ) hath great cause to give thanks to almighty god , unto whom alone the glory thereof is due . this is a short narration of the late detestable and bloody plot against this city , whereof no doubt more hereafter will appeare , the matter being yet under examination , onely one writing which was found in robert yeomans his house , i thought fit to adde , which was as followeth . all inhabitants of the bridge , the high-street and cornestreete , keepe within your doores upon perill of your lives : all other inhabitants of this citie that stand for the king , the protestant religion and the liberties of this city , let them forthwith appeare at the high crosse with such armes as they have for the defence of their lives , their wives and children , and follow their leaders for the same defence . there was also a protestation taken amongst them to this effect , that they would oppose to the utmost of their power , all forces whatsoever that were , or should be amongst them , or that should come in without the consent of the king . iehovah iireh . peter . . the lord knoweth how to deliver the godly out of temptation , and to reserve the unjust to the day of judgement to be punished . this passage containes two consectaries deduced from the , , . verses ; the apostle had advised christians to take heed unto the sure word of prophecy , chap. . vers . . as being a light shining in a darke place , not from a private delivery by the will of man , but by the motion of the holy ghost , vers . , . withall he foretells , chap. . . that as there had been false prophets among the people , so there should be false teachers among them , whose practise he declares , vers . , , . and their judgement , vers . . which he confirmes by three instances . of gods not sparing the angels that sinned , ver. . his bringing in the flood upon the world of ungodly , but saving noah a preacher of righteousnesse , vers . . his overthrow of sodom and gomorrah , and delivering just lot , vers . , . from these instances he inferres by an induction two rules to be observed in the course of gods proceedings . first , that he knoweth how to deliver the godly out of temptation . secondly , that he knoweth how to reserve the unjust to the day of judgement to be punished . the particle [ {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , for if ] vers . . shewes these instances to be brought as a medium to prove a conclusion , and the argument is thus . if god even then when he cast the angels that sinned downe to hell , yet preserved the guiltlesse angels , and even then when he brought the deluge on the wicked world , saved noah a preacher of righteousnesse , and even then when he overthrew sodom and gomorrah , delivered just lot , & sic in caeteris , then it followes as in my text , the lord knoweth how to deliver the godly out of temptation , &c. the former of these two consectaries i have chosen this day to insist on , being a day set apart for the commemoration of a late deliverance of this city from a blood , and abominable conspiracy within it , wherein god hath added one more memorable instance to verifie this rule of saint peter , the lord knoweth how to deliver the godly out of temptation . two conclusions may from hence be gathered . first , that the godly while they live among unjust men upon the earth be in temptation . deliverance from temptation presupposeth a being in temptation . secondly , that god knowes how to deliver them though they know not ; noah and lot knew not how they should be delivered , but god knew how to do it . to confirme the former of these we need not many scriptures , it being proved by continuall experience , yet i shall produce some , luk. . . our lord christ saith of himselfe , yee are they which have continued with me in my temptations . our lord christ when he lived on earth , was in continuall temptations , and what was christs estate is the estate of all christians comformably ; saint paul of himselfe , act. . . saith , that he served the lord with all humility of mind , and with many teares and temptations which befell him by the lying in waite of the jewes , and heb. . . among other things that befell the saints it is said they were tempted . temptation then is one of those things that are the lot of the godly . i shall endeavour to open this truth , by inquiring ; first , who are to be accounted godly ; secondly , what temptation they are under ; thirdly , why it is so with them ? in answer to the first we may take notice that the word we translate godly in grecke {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is as much as in english right worshippers . so they that be right worshippers are godly persons ; the etymology fitly expresseth the thing : now by worship is meant the honour and service that is done unto a god . for godlinesse implies religious service , and all that religious service we performe to any thing under the notion of a god , that is worship : and it is mediate , or immediate ; mediate service is that which is directed to man , yet by reason of respect unto god . for this is a cleare truth , that even all the duties of righteousnesse we performe to men , if they be done in obedience to god , they are part of his service and worship , not in respect of the matter wherein , but in respect of the motive by which they are performed . thus when a servant doth discharge his duty faithfully to his master as doing the will of god from the heart , hee is said to doe service to the lord , ephes. . , , . colos. . . every servant that obeyes his master , every child that honours his father , every souldier that obeyes his commander out of conscience to god , not for wages , portion , applause or the like respects onely , therein hee worships god . immediate worship is that which is directed onely to god . and this hath by use engrossed the name of worship . now when this is not right worship , though men bee never so devout in it , yet they are not godly persons : when the priests of baal called on the name of baal from morning even till noone , saying , o baal heare us , though they cryed aloud and cut themselves after their manner with knives and lances till the blood gushed out upon them , kings . . . yet there was no godlinesse in all this . in like manner though the papists and other superstitious persons are very devout in their way , spend much time in prayer after their manner , fast often , and doe many laborious works for satisfaction of their sinnes , yet because they worship not god aright they are not godly persons . if it be then asked who are they that are right worshippers ? i answer . to right worshipping these things are requisite . first , they that are right worshippers worship onely the true god ; whosoever he be that gives religious worship of any sort to any other besides the lord jehovah , whether it be inward worship of the soule , as trusting in it , loving it , fearing it , magnifying and extolling of it in their hearts , or outward worship , as by gesture of the body , kneeling , falling downe before it , bowing , lifting up the hands or eyes , kissing , or by offering of gifts , bringing oblation , incense , sacrifice , first fruits , tithes , or by swearing by them , praying to them , making vowes to them , blessing them , singing hymnes in their praise , consecrating temples , making priests , keeping holy dayes to them , ( for all these are religious worship ) whosoever i say gives any or more of these or any other sort of religious worship not mentioned to any besides the true god , is an idolater , and therefore not a right worshipper ; for this is the true definition of an idolater : whosoever gives divine worship to a creature is an idolater : as may be gathered from the apostles description of idolaters , rom. . . where it is charged upon them that they changed the truth of god , that is , the invisible power and majesty of god , which they knew by the things that are made , vers . , , , . into a lie , that is , into a lying resemblance , and worshipped and served the creature , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} more then the creator , so our last translation hath it , but the better and true reading is , besides the creator . for it is plaine by the words , vers . . that they changed the glory of the incorruptible god into an image made like to corruptible man , and vers . . that they changed the truth of god into a lie , and therefore they worshipped the creature more then the creator : but this was their idolatry that they worshipped the creator by a lying resemblance , and so worshipped the creature besides the creator . so then this is the first note of a right worshipper , that hee worships with religious worship none but jehovah the true god . secondly , they that are right worshippers as they worship onely the true god , so they direct this worship only by the true mediatour , which is jesus christ the son of god . he onely is a right worshipper , that worships god in christ , whosoever he be that makes any other mediator unto god , let him be called mediator of redemption or of intercession , it is against the true worshipping of god , and an high violation of the glory of jesus christ . for as the apostle tells us , tim. . . there is one god and one mediator betweene god and man , even the man christ jesus ; no more mediators are acknowledged by the apostle , then there be gods . to us there is but one god the father , of whom are all things , and we in him , and one lord jesus christ , by whom are all things , and we in him , cor. . . therefore the true worshippers are described to be such as rejoyce in christ jesus , phil. . . that glory in him as their lord and mediator . thirdly , they that are right worshippers , worship the true god by the true mediator according to the true rule , that is , they worship the true god according to his owne prescription , and appointment , not according to mens devices and inventions . for as our saviour tells us , matth. . . in vaine doe they worship god , who teach for doctrines the commandements of men . hee that shall goe as far as hierusalem to visit christs sepulchre , that shall sprinkle himselfe with holy water , keepe reliques of saints , observe old customes of former christians , abstaine from eating flesh , if he could keepe all the traditions of men , not faile in any point of ceremony , and thereby thinke to please god as if hee did him honour , thereby shall not onely misse of his end , but also instead thereof provoke the wrath of god against himselfe through his superstition . let all superstitious persons who are very devout in their way , know this for a certaine truth , that god doth not esteeme them as godly persons , because they are not right worshippers of god . the godly have the law of god in their heart , psal. . . and according to it , endeavour to walke in all duties of his worship . fourthly , right worshippers worship god for a right end , that they may honour him and exalt him in their soules , and give him glory . the pharisees matth. . . prayed to god , gave almes , and no doubt also brought their sacrifices to gods altar , yet neverthelesse they were adjudged hypocrites , because they did these things that they might bee seene of men . and the same censure belongs to all others that shall pray , preach , heare , or performe any other duty of gods worship that they may gaine a name of religious persons , and not chiefely for the glory of god that his name may be sanctified , whosoever misseth the right end of worship , loseth the title of a godly man . fiftly , right worshippers worship god from a right principle . two principles of our worship are necessary that our worship be right . first , the spirit of god ; no man can worship the lord in truth , unlesse the spirit of god dwell and act in him , cor. . . no man can say that jesus is the lord but by the holy ghost . secondly , a right faith , without which a man cannot worship truely , for the doctrine of our lord jesus is the doctrine which is according to godlinesse , tim. . . the mystery of godlinesse , tim. . . the faith of gods elect , the acknowledging of the truth , which is after godlinesse , tit. . . whence i inferre that to godlinesse is requisite an acknowledgement of the truth , and that onely the true faith is that which begets godlinesse . wherefore all hereticall persons that hold falsehoods against the fundamentall truths of the gospell cannot be right worshippers ; a corrupt faith doth beget a corrupt worship . sixtly , right worshippers must worship god with right affection . they that worship god truely must worship god in spirit and truth , joh. . , . we are the circumcision which worship god in the spirit , phil. . . that is , that worship god , not onely with the outward man , but also in the inward man , with knowledge , love , zeale , reverence , obedience , &c. secondly , these godly persons you heare are under temptations . temptation is as much as tryall . by temptations are meant sinfull and evill practises , and that both as sinfull and harmefull . for the conclusion being drawne from the instances before , vers . , , . it is to be conceived that the temptation that god knoweth how to deliver from , is the same with which noah and lot were exercised . now lot was exercised with the evill practises of the sodomites as they were sinfull , that righteous man dwelling amongst them , in seeing & hearing vexed his righteous soule from day to day with their unlawfull deeds , vers . . in like manner noah was tried by the corrupt doings of the old world . the sinfull and impure actions of evill men are temptations to the godly that live among them . likewise lot was exercised with their evill practises as they were harmefull . so you may reade gen. . . . that the sodomites compassed lots house , and would have broken in upon him , and violated the strangers that came into his house . and accordingly , to deliver from temptation , is not onely to deliver from the infection of sin , but also to deliver from mischievous massacres , violations , breaking open of houses , spoyling , persecution , combinations , reproaches , taunts and all other injurious usages godly men are in danger to meete with . now these are called temptations . first , partly because they are provocations to sin , for a man that lives among wicked men is not onely by example provoked to imitate them , but also by continuall and incessant molestations , driven to doe as they doe , for their owne ease , quiet , and security , and drawne by their flatteries , and wiles to comply with them , and thereby tempted . secondly , partly because they are exercises of patience , and constancy whereby the strength and stedfastnesse of beleevers is tryed . now for the reasons hereof . first , the first is from the innate hatred and malice that is in the heart of all unrighteous men towards the godly . there is a venomous malignity in the heart of wicked men towards the godly , be they as neere to them as the wife in the bosome , or the childe that is the fruite of their loynes : though it may be smothered a while in the heart , yet it lurkes in the heart , and will flame forth when that which covers it is removed , and some occasion bring it forth into act . thus our saviour informes his disciples , joh. . . if yee were of the world the world would love his owne : but because ye are not of the world , but i have chosen you out of the world , therefore the world hateth y●u . and after him saint john . epist. . . marvell not my brethren if the world hate you . even as there is a naturall antipathy between some beasts , as a wolfe will worry and devoure a lambe , though it lye downe quietly by it , so there is a secret antipathy betweene an ungodly and a godly person , though never so willing to live in peace . hence it is a sport to them to doe mischiefe , a contentfull thing to vex them . if they heare evill of them , they will beleeve and divulge it ; if they have ascoffe to flout them with , they will vent it ; if they have a desire to harme them , they will practise it . and that they hate them because they are godly , appeares by the falshood of their pretences for their hatred . they pretend they hate them for censuring them , sometimes for faction , turbulency , sedition , sometimes for hypocrisie and such like pretences . and yet who more censorious , factious , turbulent , seditious , fals-hearted than themselves ? or whom doe they favour more than such persons ? doubtlesse if the godly were such , they would love them as being like themselves . search the matter to the bottome , and it will appeare that these are but colours to cloke their hatred with from the eyes of men . it appeares by the universality of their hatred to godly persons . if their hatred were particular to some , it might be surmised it came from some particular cause of difference . but experience shewes it to be generall , their spirits are imbittered against those that they never had any dealing with , their hearts rise against those they never saw , if they heare or conceive them to be precisians , puritans , round-heads , or if there be any other appellation by which they denominate godly persons . though the same persons were delightfull to them before , though they were esteemed & praysed by them , yet when once they begin to be godly they loath them , vilifie them , abuse them . it appeares further , in that they hate them notwithstanding neare relations , by reason of which nature teacheth them to love them . an unrighteous father or mother will not brooke a righteous child , an idolatrous , husband will not agree with an holy wife : they that agree not in the true worship of the same god , cannot agree among themselves . besides this hatred is implacable , without mercy : there must be no favour shewed to a puritan , when a papist , a drunkard , a thiefe , a wandring rogue shall finde favour , come off easily in any tryall , be remitted any wrong ; but no plea , no intercession , no deprecation shall prevaile to save a godly person from the extremity of oppression . secondly , ungodly men are of unquiet spirits , they are like satan that never rests , matth. . . the wicked , saith the prophet , isay . . are like the troubled sea , when it cannot rest , whose waters cast up mire and dirt . they are still surmising some evill , or inventing some evill , or speaking some evill of them , or acting some evill against them . it is wages enough for them to doe hurt to godly men , though they hazard life , estate , credit , and their soules too , yet they are furiously carried to doe them mischiefe , come say they , jer. . . let us devise devises against jeremiah ; come let us smite him with the tongue . they devise mischiefe on their beds ; they set themselves in a way that is not good : they ab●erre not evill , psal. . . they sleepe not except they have done mischiefe , and their sleepe is taken away unlesse they cause some to fall , prov. . . thirdly , they be injurious . the best of them , saith the prophet , is a briar ; the most upright is sharper then a thorne hedge , micah . . take the best , that is , the most civill , ingenuous , regular , of unregenerate men , superstitious people , carnall worldlings , lukewarme formalists , they cannot brooke a zealous religious person , if they cannot wound deadly they will scratch and teare their flesh , if they cannot bite , they will barke and snarle at them . fourthly , they are proud , high conceited of themselves : but the godly are of no account in their eyes ; they conceive themselves gyants , godly men as pygmees ; now pride begets disdaine , and insolent behaviour . when pride compasseth them about as a chaine , violence covereth them as a garment , psal. . . when pride is in the heart there will bee spurning and trampling upon with feet . lastly , ungodly men are acted by satan , ephes. . he is the spirit that worketh in the children of disobedience . and they that are ruled by satan must needs doe what hurt they can to godly persons . when the devill entred into judas his heart he could not stay but goes out presently about his worke of betraying his master , john . . no sooner have they a commission from satan , but they are presently ready to execute it . and therefore it cannot bee but that while the godly live among the unjust they should be under temptations . applic. for application of this truth , we may be informed in the reason of the present mischievous carriage of unjust men towards the godly , why they now tempt them , not onely by perswasions to sinne with them , but also by scorning , contemning and injurious dealing , yea and ( as the present experience proves it true ) by mischievous plots to destroy them , and to root them out of the land of the living : the late example of their practises , which occasioned this dayes solemnity is a most remarkable instance of the malignity of spirit that is in the hearts of wicked men against godly persons . what the plot was you have heard from the relation read to you . i hope you thereby sufficiently apprehend the certainty and manner of it from their owne confessions , the mischievousnesse of it , how great it would have beene , if it had taken effect : and by something in the relation , as the securing of some persons and houses by privy markes , who were like themselves , and the destinating of others to a panolethrie , it appeares that it was carried with a hatred and enmity against godly persons , whom they have branded with the name of round-heads . i deny not but it hath beene alleadged , that the reason of this plot was loyalty to the king , that they might expell out of the citie , those that rebell against him , and admit his forces into it : concerning this matter it is needfull something be spoken . the constant protestation of the commanders and souldiers here is , that they will maintaine to the utmost of their power with their life and fortunes the kings majesties royall person , honour and estate . if any shall keepe this citie against the king , undoubtedly that person should be made an example by some heavy end . i hope none here have any such thoughts or purposes ; but that their ends are right to protect it for the king , and not against the king . but it will be said , how can that be , sith it is against his will ? his command is to the contrary ? concerning this , thus much is said , that even by the judgement of those persons against whom lies no exception it hath been granted , that sometimes it may not bee rebellion to resist the personall will and command of the king . i will alleadge three instances . the first out of a booke intituled the true difference betweene christian subjection and antichristian rebellion , composed by thomas bilson afterwards bishop of winchester , and in great power at court in king james his dayes , dedicated to queene elizabeth , and for ought can be gathered by the frequent printing of it , and the preferment of the author adjudged orthodox . in it there are these words . if a prince should goe about to subject his kingdome to a forraine realme , or change the forme of the commonwealth from imperie to tyranny or neglect the lawes established by common consent of prince and people to execute his owne pleasure : in these , and other cases which might be named , if the nobles and commons joyne together to defend their ancient , and accustomed liberty , regiment and lawes , they may not well be accounted rebels . and a little after . as i said then , so i say now , the law of god giveth no man leave to resist his prince : but i never said that kingdomes and common-wealths might not proportion their states as they thought best by their publike lawes , which afterward the princes themselves may not violate . by superiour powers ordained of god wee understand not onely princes , but all politicke states and regiments , somewhere the people , somewhere the nobles having the same interest to the sword that princes have in their kingdomes . and in kingdomes where princes beare rule by the sword , we doe not meane the princes private will against his lawes : but his precept derived from his lawes , and agreeing with his lawes : which though it be wicked , yet may it not be resisted of any subject with armed violence . marry when princes offer their subjects not justice ; but force : and despise all lawes to practise their lusts ; not every , nor any private man may take the sword to redresse the prince : but if the lawes of the land appoint the nobles as next to the king to assist him in doing right , and with-hold him from doing wrong , then bee they licensed by mans law , and so not prohibited by gods to interpose themselves for the safeguard of equity and innocency and by all lawfull and needfull meanes to procure the prince to be reformed : but in no case deprived where the scepter is inherited . the second instance is in king james , who in his answer to cardinall peron his oration to the three estates of france , speakes of the protestants in france , who had sundry times in the dayes of francis the second , charles the ninth , and henry the third , kings of france , taken up armes against the oppression of the guisian faction at court maintained by those kings , as of the kings best subjects , and that their civill warres was not taking up armes against their king , it was but standing on their guard ; which the event proved to be true . the third instance is the act of parliament confirming the treaty with the scots commissioners passed by our present king this very parliament , in which it was enacted , that the scots covenanters who had seized on edenborough castle , raised an army in scotland against the kings will , and entred england therewith , were neverthelesse on september . . to bee declared in all churches of this kingdome of england no rebells : from which also they were acquitted by our present king in their parliament of scotland . but it will bee said , that though things are carried never so violently or unjustly , yet christians are taught to suffer , not to resist . answ. it is true , wee may not resist authority ; but suffer under it , though proceeding unjustly . we are forbidden to resist not only the supreame , but also the meanest person in authority proceeding according to authority , that is , in a way of law judicially , though the proceedings be unjust , yet while the proceedings are according to authority , there is no resistance allowed but by suffering . but if so be that the proceeding be by meere violence , spoyling men of their goods , destroying , restrayning their persons without any legall charge , surely gods law hath not debarred men of the use of the law of nature , which directs a man to defend though not to revenge himselfe against violence ; suppose a prince should take with him a company of robbers and cut-throates , and set upon a subject by the high way , i would have it considered whether a traveller might not defend his person and goods : and in like manner may it be said concerning breaking into a mans house . though davids heart smote him when he cut off the lap of sauls garment , yet we reade not that he repented his gathering a band of men to him , his getting into strong holds for defence of himselfe against saul . if there were now any that had a hand in this wicked plot here present , i would speake to them by way of expostulation . what have the godly done , or what do they that there should bee such devices against them ? if it be said they are factious , and disturbe the land by their faction ; i would further know what is their faction ? doe they make a side or party to engrosse wealth , honour or secular power to themselves ? they strive much you will say to prevaile ; true , they strive , but for whom ? for themselves , or for god ? what is it they are earnest for ? is it not for a necessary reformation ? is it not that the holy ordinances of christ may bee kept from prophanation by the promiscuous admittance of all forts of open ungodly persons , drunkards , swearers , &c. unto them ? is it not that those inventions of men which are by many thought parts of gods worship , without which gods service is not well performed , and consequently superstitious in their use , may be removed ? is it not that gods worship may be reduced from a meere empty formality by saying prayers , & reading out of a book , to a lively & fruitful performing therof ? is it not that in stead of a swarm of ignorant ministers , that have not knowledge or skill to teach the principles of christian religion , of licentious , and lewd ministers that by their evill life are a shame to our religion , of meere worldlings , of proud ambitious ministers that seeke their owne things , and not the things of jesus christ , of corrupt ministers that are corrupt in their opinions , as in the doctrine of grace , christs presence in the eucharist , &c. there may be placed over the church of christ godly , able , painefull , orthodox ministers that may guide the people of god into the way of peace ? it it not that in stead of that kinde of discipline which all the world knowes hath beene used onely to draw mony out of mens purses , to oppresse godly persons , and holy exercises tending to promote knowledge and pietie under pretence of conventicles , to domineere and lord it over gods heritage , there might be a right way of discipline set up , tending to the right ordering and furthering of gods worship ? is it not that in stead of the increase of popery and the masse ( which are likely in time unlesse prevented to overgrow true religion ) preaching of christ may be promoted ? if this be their faction , so farre as i can conceive it is a faction for god , and they that ayme at their oppression for this cause , aime at the oppression of godlinesse and godly persons . secondly , wee may hence learne that they doe ill provide for their peace , that doe favour such unrighteous persons . if yee aske who doe so ? i answer ; first , they that choose to dwell neare them for worldly advantages : this was lots sinne and folly , gen. . , , , . who chose his habitation in sodom , because it had a pleasant and fruitfull situatuation , though the inhabitants were exceeding wicked before the lord . yee know how ill he sped by going to sodom , thinking to get more wealth he lost all . secondly , those that make marriages , leagues and bonds of amitie with them . usually such persons finde their marriages to be their misery , their friendship to be their snare . they that were mingled among the heathen learned their workes , and they became a snare to them , psal. . , . jehosaphat his joyning in affinitie with ahabs house occasioned the breaking of his ships , the corrupting of his family , and the destruction of many of his posterity . thirdly , those that connive , bolster up , plead for such men , it is usuall with god to make them a vexation in the conclusion to those that have upheld and pleaded for them . fourthly , those that commit power to them by choosing them to be magistrates and officers of trust ; they that put into imployment malignant spirits against the godly , must look to have a temptation and a snare by them . thirdly , it should warne us to take heed of unnecessary societie , with unjust and ungodly men : we are commanded not to be unequally yoaked with unbelevers , corinth . . . there must bee a separation from them , vers. . i cannot now examine the severall sorts and cases of separation both civill and ecclesiasticall . this in the generall may be said , he that heeds not to avoyd societie with ungodly men which is not needfull , doth certainly cast himselfe into temptation . fourthly , it should warne us how we deale with such kind of men when we are necessitated to have any thing to doe with them . it was the saying of david in his cygnea cantio , his last words , sam. . . . but the sonnes of belial shall be all of them as thor●es thrust away , because they cannot be taken with hands . but the man that shall touch them must be fenced with iron , and the staffe of a speare . he that must have to doe with wicked men had need be fenced with iron . if you aske how ? i answer . . be armed as lot was , with the spirit of mourning , ye must mourne for their sinnes as lot did here , pet. . . that righteous man dwelling among them in hearing and seeing vexed his righteous soule from day to day with their unlawfull deeds . if yee must be in their company , yet yee must not delight in their company : if yee doe , it is a signe yee are of the same disposition with them . there is sometimes a necessitie of their company by reason of naturall relation , neighbourhood , trading ; but there is a greater necessity that we mourne for their swearing , scoffing , lying , prophane speeches which we cannot remedy . . take heed of trusting them or hearkning to them , make them not of thy privie counsell , unlesse thou wouldst be betrayed by them . it is the prophet micah his use , mic. . , . because the best of them is a briar , trust not in a friend , put yee not confidence in a guide , keepe the doores of thy mouth from her that lieth in thy bosome . and the prophet jeremiah , chap. . . take yee heed every one of his neighbour , and trust yee not in any brother ; for every brother will utterly supplant , and every neighbour will walke with slanders . . thou must be wise in speaking to them , psal. . . i will keepe my mouth with a bridle , saith david , while the wicked is before me , when wee are in the company of evill men we have need looke to the motions of our tongues . . get patience , and meekenesse in bearing their injuries and reproaches . in such company thou shalt meete with temptations , and therefore shouldst be fitted to encounter with them . . be wise how thou doe reprove them : though reproofe bee a duty , yet it must bee well managed ; our saviours direction is , matthew . . give not holy things unto the dogs , neither cast pearles before swine lest they trample them under their feet , and turne againe and rend you . . endeavour by all good meanes to convert them . take heed of complying with them in their wayes , under pretence of turning them . that 's the ready way for them to glory and insult over thee and to harden themselves . but bee thou as a light shining before them to convince them , philippians . . . if wee cannot convert them , yet let us endeavour to restraine them by our authority , prayers and power with them . fiftly , it should admonish us to prepare our selves for these temptations : while yee live on earth yee shall not live in a heaven of saints , but in a world of ungodly men , and therefore make account of temptations and fit your selves for them ; yee that be here of this citie because god hath given you deliverance now , doe not grow secure , but thinke ye may have more trialls . remember the spirit of wicked men is restlesse , though they misse in one plot they will attempt another ; according to the spirit by which they are guided , as satan goes about seeking whom hee may devoure , so doe wicked men his agents . sixtly and lastly , herein is manifested the gratious providence of god for the godly , that though they are under temptations , yet they are delivered from them , though they walke among snares , though they are placed as christ saith as sheepe in the midst of wolves , a few weake sheepe in the middest of a great multitude of ravening wolves , yet the church is preserved , this is gods work ; so it was at this time in this city , a small company of godly persons preserved from a great number of malignant spirits within and without it : o let us admire the goodnesse of our god herein . it is the businesse of this day : doe it fully , let your spirits be raised up in admiration of gods care and working for his people . let your hearts and tongues magnifie god , and say , great is the lord , and great are his workes ▪ and great deliverances giveth he unto his people . happy o people saved by the lord . happy are they that be in such a case : yea rather happy are they that have the lord for their god . pet. . . the lord knoweth how to deliver the godly out of temptation , and to reserve the unjust unto the day of judgement to be punished . wee have considered in the morning the estate of the godly in respect of unjust men among whom they live : they are under temptation . we are now to consider their estate in respect of gods care and aspect to them . the lord knoweth how to deliver them . the truth emergent from hence is this . though it be that the godly while they live among unjust men be in temptation : yet god knowes how to deliver them . this is the expresse assertion of the text . the lord knoweth how to deliver the godly out of temptation . the phrase [ the lord knoweth ] imports both care , providence , and vigilancy to deliver , and also skill and wisdome how to contrive it , and consequently , certainty of deliverance . to like purpose are many other places of holy scripture , psal. . . the lord also will be a refuge for the oppressed , a refuge in times of trouble , psal. . . behold the eye of the lord is upon them that feare him : upon them that hope in his mercy , to deliver their soule from death . to make this truth a little more explicate , we are to consider , that this skill , vigilancy and providence of god in delivering the godly out of temptation , first , hath reference to divers sorts of deliverance . there are divers kinds of deliverance , and divers degrees in those kindes . there is a deliverance of the soule from the wrath of god . jesus that delivereth from the wrath to come , thess. . . a deliverance from the power and guilt of sinne , from the anguish and horrour of conscience , from desertion and apostasy . there are deliverances of the body , of the naturall life , from death , from teares , from sicknesse , from wants , from danger . the lord knowes how to accommodate his deliverance , to give deliverance according to what kind & degree he thinks meet . sometimes god delivers from death , psa. . . thou hast delivered my soule from death . sometimes by death , isa. . . the righteous perisheth and no man layeth it to heart ; and mercifull men are taken away , none considering that the righteous is taken away from the evill to come . see , the lord knowes sundry wayes of deliverance , not onely by keeping them from the hands of unjust men , but sometimes by letting them fall into their hands . secondly , it hath reference to the persons delivered . sometimes the lord delivers many , sometimes few , sometimes whole cities and people , sometimes a small remnant in them , rom. . . isa. . . though the number of the children of israel be as the sand of the sea , a remnant shall be saved : though there be great multitudes of men , yet a few shall be delivered . thirdly , it hath reference to the meanes of deliverance . sometimes the lord delivers by a visible power , sometimes the lord delivers by an invisible working , sometimes god delivers by putting a meere fancy into the mind of the enemy , somtimes by a reall accident unthought of : sam. . , . saul and his men , had encompassed david and his men round about to take him . but there came a messenger unto saul , saying , haste thee and come : for the philistines have invaded the land . wherefore saul returned from pursuing after david , and went against the philistines . sometimes the lord delivers by an angell , sometimes by men . that which the prophet speaketh , isa. . . is true of the meanes of deliverance . this also commeth forth from the lord of hoasts , who is wonderfull in counsell , and excellent in working . that we least dreame of , is oft times the meanes of deliverance ; that which we most hoped in , is oft times most unprofitable to us . fourthly , it hath reference to the case of the persons delivered . sometimes the unjust persons be many , strong , cunning , active , malicious : on the other side , the persons delivered are few , weake , distracted ▪ fearefull , simple , yet notwithstanding the lord knowes how to deliver them . even these poore ones are preserved , and those strong , cunning and active men misse of their prey ▪ fifthly , it hath reference to the time of delivery . gods skill , vigilancy , and providence is clearely seene , in the season and opportunity of deliverance , isa. . . then didst terrible things which we looked not for : when the case of persons rescued is in appearance hopelesse , yet the lord knowes how to deliver even then . sixthly , it hath reference to the fruits and consequent of the deliverance . there is a deliverance which is but incompleate : persons are delivered from one judgement , but reserved to another . the king of sodom was delivered from the kings that came against him , but reserved to fire and brimstone . sometimes god gives a compleat deliverance that procures a continued peace . jehoshaphat was delivered from the invasion of the moabites , and the fruite of it was , the realme was quiet : for his god gave him rest round about , chron. . . sometimes god gives a deliverance which ends in triumph and glory ; sometimes a deliverance which leads to more temptations . god it may be gives a deliverance to shew what he would doe if wee would cleave to him : but because of our forgetfulnesse of god , our not rendring againe according to his mercy , we may be delivered from one conspiracy so as to fall into another , from one evill so as to be reserved to a greater . the reasons why god doth thus providently and skilfully deliver the godly out of temptation are ; first , because of his promise , god hath ingaged his word for the deliverance of his people , psal. . . i will deliver thee , and thou shalt glorifie mee . secondly , because they pray to him : in the same place he saith , call upon me in the day of trouble , and i will deliver thee . god will not be wanting to the prayer of the poore destitute , he will heare their cry . though it be that proud atheisticall persons make no reckoning of prayer , as if it could doe any thing for deliverance , yet sure prayer is a mighty engine with god , it is of singular force for deliverance . the effectuall servent prayer of the righteous avayleth much , jam. . . thirdly , because of his love ▪ for that makes him imploy his wisedome and power for the deliverance of the godly , deut. . . yea hee loved the people ; all his saints are in thine hand . because they reciprocally love god , and are tempted for his sake . for thy sake we are killed all the day long and counted as sheepe for the slaughter , psal. . . therefore he must needs favour their cause , and be engaged in point of honour to deliver them , psal. . . because he hath set his love upon me , therefore will i deliver him . a good master will not suffer his servant to miscarry for his fidelitie in doing his businesse . surely god that is the best master , who hath farre more goodnesse then all the creatures , will not faile to protect and rescue his servants , his children , that are in danger for his sake . besides it concernes god to shew himselfe just , in righting the innocent , that he may make good his title , the god of judgement . the lord knoweth the way of the righteous , psal. . . and therefore is by his righteousnesse bound to helpe them . fiftly , the rage of the enemies is a sufficient reason for god to deliver his people , and to imploy his providence and power for their rescue ▪ deut. . . saith god , i would make the remembrance of them to cease from among men , were it not that i feared the wrath of the enemy lest their aduersaries should behave themselves strangely . the lord intends to use wicked men as his rod often times to scourge the godly : but he intends they should correct them , not destroy them , he would not have them altogether unpunished yet corrected in measure : hee would not have them lost though chastised . therefore hee gives deliverance at last though the enemy rage much ; the rod of the wicked shall not rest upon the let of the righteous : lest the righteous put forth their hand unto iniquity , psal. . . because he knowes the enemy is implacable , unmercifull , knowes not how to put bounds to his rage , but acts in his fury ad extremum virium , to the utmost of his power , therefore god sets bounds to his rage and curbs his fury , psal. . . surely the wrath of man shall praise thee : the remainder of wrath shalt thou restraine . sixtly , the presumption and boasting of the enemy is a great motive to god to deliver his people . thus the psalmist urgeth god to remember the reproach of the enemy , the voyce of the enemy , psal. . . . because they conspire together , they say , come let us destroy them all together , let us out them off from being a nation , that the name of israel may be no more in remembrance , psal. . . they say let us persecute and take him , there is none to deliver him , they magnifie their owne power , they deride the poore godly man , as if there were no helpe for him in god , they promise to themselves satisfaction of their rage , malice , covetousnesse , therefore god will disappoint them . because of senacheribs blasphemy and reproach god delivered hezekiah and hierusalem . because thy rage against me , and thy tumult is come up into mine eares : therefore will i put my hooke into thy nose , and my bridle in thy lips , & i will turne thee backe by the way by which thou camest , saith god , isa. . . not onely by reason of the cries of the oppressed , but also by reason of the bragges of proud tongues that have said , we will prevaile , who is lord over us ? therefore saith god , i will arise , and set him in safety from him that p●…ffeth at him , psal. . v. . applic. for application . first , this may serve to abate the presumption and boasting of unrighteous men in their practises against the godly . it is usuall with ungodly persons when they have hatched a plot , when they have gathered a power , to insnare and crush the godly to promise themselves certainty of prevayling because of their cunning , confederacy , secrecy : because they conceive the godly have no power , or no wit to withstand them . and therefore in the laying of all their plots , in the pursuing of all their designes they make god as a cipher , and vilifie godly persons , as if they were a contemptible poore nothing . and all is because they have no acquaintance with this truth that god knowes how to deliver the godly out of temptation . wherefore they vaunt and boast themselves : all their speech is of their great multitude , great partie , strong power , good commanders , wealthy men , cunning plotters , firme union , these and such like things they glory in . senacherib makes no other account but to take jerusalem by reason of his multitude of chariots and horsemen , sends word to hezekiah by rabshakeh to this purpose . thinkest thou that thou shalt be delivered out of my hands ? i will give thee two thousand horses if thou be able on thy part to set riders upon them . as if he had said , thou hast so few men as not to bee able to furnish two thousand horses with able riders , and how then canst thou stand against me who bring into the field hundreds of thousands ? the same thought is in other ungodly persons , they make no account but to prevaile and carry the day because of their multitude and confederacie . god is secluded from their thoughts , as if he were but a looker on that did nothing . but as we use to say , they that reckon without their host must reckon againe : they that reckon without god make up an easie reckoning , but a foolish one : they please themselves in a vaine presumption which cannot hold . experience might enforme them , that when men presume most , they faile most , and that gods people are then nearest to deliverance when they are in appearance in the most hopelesse condition ; the reasons hereof are evident . god knowes how to deliver when man doth not , and when men say there is no helpe for him in his god , then it is that god doth most certainly appeare with deliverance . out then with all these atheisticall thoughts , as if the godly and their cause were lost , when forces faile , enemies grow potent , and are many in number . let this one experiment of this cities deliverance teach you to see the presumption of men to bee a vaine thing . when almost was there a time wherein a city was nearer spoyling and destruction , and yet preserved ? the narration read to you may easily give you to conceive how neere it was to be taken , how great the presumption of the plotters was of the successe . yet loe in this one instance this truth verified , the lord knoweth how to deliver the godly out of temptation : by his skill , and vigilancy we have had deliverance . let not then proud spirits vaunt of their plot and power , but remember what jethro said concerning the deliverance at the red sea , exod. . . now i know that the lord is greater then all gods : for in the thing wherein they dealt proudly hee was above them . secondly , this should strengthen our faith , and encourage us to seeke unto god and rely upon him , even then when in our owne apprehension we be at the weakest , and the enemy most potent . so did jehosaphat , chron. . . o our god wilt thou not judge them ? for wee have no might against this great company that commeth against us : neither know wee w●at to doe : but our eyes are upon thee . and a little after , vers. . bee not afraid nor dismayed by reason of this great multitude : for the battell is not yours but gods . be it that wee be brought to great straights , so that we see no way of escape , no meanes of helpe , yet let our eyes be fixed on the power that is above , still keepe up your heart with prayer in dependance upon god . and let me tell you , that faith is as good as a whole army , yea it is more then great forces , by it the saints have obtained victories , escaped the edge of the sword , heb. . . marke what hanani the seer told asa , chron. . , , . because thou hast relied on the king of syria , and not relied on the lord thy god , therefore is the hoast of the king of syria escaped out of thine hand . were not the ethiopians and lubins a huge hoast with very many chariots and horsemen ? yet because thou didst relie on the lord he delivered them into thine hand ? for the eyes of the lord run to and fro thoorow out the whole earth to shew himselfe strong in the behalfe of them whose heart is perfect toward him . the truth is : faith is our greatest strength ; armies be of no power without god , and when god makes an army to be a scourge to a people , it is likely because they want faith in god for deliverance . oh that then our hearts might be established upon god , whatever straights wee are brought to , that wee could learne to cling , and rest , and hang upon him by faith , though outward helpe faile . he is the lord of hosts , the god of all power and wisedome : let our faith in god be strong , though the arme of flesh wee use bee weake . thirdly , if god be so expert in deliverance , we should learne to waite upon god , and to stay his time for deliverance . god doth not deliver according to thy will , but according to his owne purpose , and therefore we should quiet our selves in his wisedome and care , patiently staying till he be pleased to send deliverance . we are ready to anticipate gods worke , to prescribe the way and time of deliverance , and if they faile to begin to grow weary with waiting , yea to draw desperate conclusions therefrom , and all is because wee have not learned this lesson , that the lord knoweth how to deliver when man doth not ; that his wayes are unsearchable and past finding out by us , that he reserveth the ordering of meanes , the time when , and the extent of deliverance how farre it shall reach . learne then to bee contented though hee disappoint thee in the way of deliverance thou fixest thy thoughts and hopes on , and keepe up thy confidence in god his faithfulnesse and power . remember that of the prophet , isa. . . he that believeth shall not make haste . fourthly , if it be the lord that knowes how to deliver , then when we have deliverance , we must remember to magnifie his wisedom , goodnesse , care , vigilancy and providence . and this is the proper businesse of this day . god hath given a great deliverance to this citie . and i beseech you to consider to whom it can bee ascribed but to him . it were extreame sottshnesse for any man to imagine that such a deliverance came by chance , that it was hap-hazzard , uncertaine blinde fortune that did so discover and prevent a plot so long before contrived , and so neere the accomplishment , nor can it be conceived to have been by the foresight of men . the truth is , all sorts of persons were in a dubious and trembling condition . a plot was feared , but what it might be , or what way to discover it , i suppose the agents in the discovery knew not till god directed some unexpectedly to give intelligence . those that sate at the sterne here will acknowledge they were at a stand , and knew not what to doe : those that seemed best to understand the state of things , here conceived them in a hopelesse condition . if then it cannot be ascribed to fortune , or to men , to whom shall wee ascribe the delivery but to god ? doubtlesse they shew themselves arrant fooles , grosse doaters , sottish persons , stupid wretches , that will not say , digitus dei est hic , herein is the finger of god . that a plot contrived with so much cunning , brought on so neere to an issue , should even then bee discovered , even then be prevented when it was to be acted , with such a mercifull preservation of those against whom it was intended , bindes us to give great praise unto god . let us then with our whole heart acknowledge , that great hath the wisedome , providence and vigilancy of god beene over this place in discovering and preventing this plot . to make us more sensible hereof , let us consider the greatnesse of the delivery by the number of persons delivered , even many thousands of lives in all likelihood , a whole city , and a great city preserved . yea doubtlesse those that conceived themselves safe enough have cause to acknowledge their deliverance . let men dreame of a word or a signe as a securitie for them ; alas ! in a furious concourse , while men are in heate of blood , doe yee thinke they can attend to observe and marke a word , a little white tape in the bosome or in the hat ? alas ! who may not easily conceive that in such a confusion as must needs have been at the rising up and entring of so great forces into a city , in such hurly burly , in such fighting there would have beene little distinction made of inhabitants , yea possibly ( as is usuall in such fights ) their owne forces some of them might have suffered as enemies . it is easie to conceive that not onely goods , but also persons would have perished together . and therefore they that imagined themselves safe enough by reason of the good will they thought the parties plotting and invading did beare to them , yet have reason to acknowledge a great deliverance of them in the disappointing of this plot , not onely the persons particularly designed to destruction , but also many hundreds of those who thought themselves safe enough , would have beene involved in the common slaughter . secondly , let us consider the greatnesse of the deliverance in the fulnesse of it . though many thousands were destinate to destruction , yet not the haire of one mans head lost , not one drop of blood shed , not one person that we know of lost , no not so much as one peny : this was a great deliverance . thirdly , let us consider the greatnesse of the deliverance by the smalnesse of the meanes . a deliverance in a manner without any helpe against a great power : without any foresight against a vigilant enemy : that god might have all the glory , and man onely the knowledge of his owne weakenesse . fourthly , a deliverance in a desperate case , when the enemy was confident , when the preserved were fearefull . fiftly , a deliverance in the very nicke of time , immediately before the plot should have beene acted . sixtly , a deliverance that hath vouchsafed to make for the present , the place safe , the inhabitants in a better posture for the future , which may in probability tend to the peace of the whole kingdome . however it bee that things succeed , yet surely there could not bee a way in likelihood that might have tended to the shortning of this warre , and so consequently to the peace and quietnesse of this kingdome more effectuall then this , that god was pleased to deliver this city : and which is of all the most blessed effect , it hath redounded to gods glory by many thanksgivings to him , which we this day with the acclamations of our soules give unto him : and i doubt not but that it will tend much to the undeceiving of the people from those hard thoughts they have had of the godly as turbulent , and discover the deepe wickednes that is in the hearts of malignant spirits , notwithstanding all their pretences , so that i hope in time it shall be that as in the dayes of joshua , so god will bring it to passe that no dog shall move his tongue against his people , and all will see a necessity of reformation in the discipline of the church , which is the great desire of all the godly in the land . i will expresse my conceits unto you . i have conceived this plot in the intention of it , and many circumstances in it very like that ever to be abhorred massacre at paris in france under charles the ninth of france , and the discovery and disappointment like unto that of the castle and citie of dublin in ireland somewhat more then a yeare since , by which although the warre and misery of that kingdome hath not beene altogether prevented , yet hath beene through the almighties sole power in a great measure lessened . doubtlesse the same spirit of antichrist hath moved in all these plots , and this present warre is set on foot by the same jesuiticall achitophels , by the same catholique league . it is the same plot that began in scotland , but lighted on ireland , and now in a heavy manner of england . it is plaine enough to every one that will consider the agents , the circumstances of it that it is the plot of papists , and jesuited spirits to root out the protestant religion under other pretences . and god doth begin now to discover it , and i doubt not but will more discover it , and cleare the innocency of his people , and adde deliverances to them , but ruine and downefall to that antichristian state . what are wee to doe this day but to acknowledge the greatnesse of this deliverance , to magnifie god our deliverer , and cause the voyce of his praise to bee heard ; to rejoyce in gods worke which he hath done ? though we may not rejoyce in the misery of any man as delighting in it , though we are not to insult over them , but to pity them , who did not pity us , though we are not to reproach them , but to pray for them , that god would soften their hearts and open their eyes , that they may see against whom they strive ; yet for as much as the scripture saith , the righteous shall rejoyce when he seeth the venge mee , he shall wash his feet in the blood of the wicked , psal. . . that god may bee magnified wee are to rejoyce that they are cast downe , and that god hath vouchsafed unto his people a day of deliverance , and ( blessed be his name ) a day of thanksgiving without any interruption . i beseech you let not this mercy be lost , keepe a yearely memoriall of it , let not this day be lost , spend it not onely in ease from labour and carnall mirth , but remember that deus nobis haec ●ti● fecit , god hath done this great thing for us , and let our rejoycing be in god , our prayses of him , oh prayse our god all yee people , and let the voyce of his praise he heard , which endues our soule with life , and suffereth not our feet to slip . and in your praises observe these directions . first , remember the great deliverance of all deliverances , even the deliverance which the lord jesus the great captaine of our salvation hath gotten for us by his death over hell and death . every deliverance we have from the inferiour instruments of satan the great adversary should lead to the remembrance of the grand deliverance from hell eternally to be remembred . secondly , let this deliverance confirme your faith , & erect your hope in expectation of those great diliverances which all gods people long for , even the great deliverance from antichrist when god will judge the whore , and avenge the sea of blood that hath beene drunke these many hundreds of yeares by that cruell dominion of the papacy , which all that love jesus christ doe earnestly pray for and endeavour : the deliverance from gog and magog when their great multitudes shall bee overthrowne : the deliverance from the grave , when the earth and the sea shall give up their dead . learne we to argue as the apostle doth , cor. . . who delivered us from so great death , and doth deliver ; in whom we trust that he will yet deliver us . god hath delivered this citie and therefore will deliver his church which is his owne city . it is the argumentation of the apostle here . god delivered noah from the old world at the deluge , he delivered lot out of sodom , and therefore , god knoweth how to deliver the godly out of temptation . one deliverance is enough to conclude a succession of deliverances . all gods deliverances are grounded upon the same reason , and therefore the assurance of one is a confirmation of our faith concerning all . thirdly , learne to delight thy selfe in god , learne to glory and make thy boast in him . say as nebuchadnezzar himselfe acknowledged , dan. . . there is no other god that can deliver after this sort . we that hope in the living god , that trust in christ jesus should raise our spirits to an high and holy magnanimity and courage in our god , despise the idols that superstitious persons magnify . hath god delivered us ? hath the sonne of god saved us ? away then with crosses , crucifixes , dead saints , images , reliques , breaden gods ; they are but dead things , they cannot deliver , they are but vanitie and lies , there is no breath , there is no trust in them . let us exalt our god and say , our god is the living god & an everlasting king , the portion of jacob is not like them , israel is the rod of his inheritance , jerem. . our god is a god that can deliver , and doth deliver , and will deliver . let the experiment of gods deliverance raise our hearts to an high apprehension of the power , and excellency and worthinesse of our god . lastly , let us cleave stedfastly to our god . hath god stood to us ? let us stand fast to him : stand to his truth by professing , to his commands by obeying them , stand unto his people by appearing for them , stand to his cause by engaging our selves in it , stand to gods name by trusting on it . doth god deliver the godly ? oh prize godlinesse then as great gaine , as profitable for all things . doth god heare prayers ? oh then let us use prayers to god . let us contradict sinners , and say , it is not in vaine to serve god , that there is profit in keeping his ordinances , and that we walke mournfully before the lord of hoasts , mal. . . let us returne and discerne between the righteous and the wicked , betweene him that serveth god and him that serveth him not , v. . to manifest which i should proceed to handle the other conclusion in the text , the lord knoweth how to reserve the unjust to the day of judgement to be punished ; but time will not permit . finis . the conclusion of lieuten: generall cromwells letter to the house of commons, concerning the taking of bristoll which was contained in the originall, (signed by himselfe) but omitted in the printed copy, which is authorized by the house of commons, (though there was a whole page left blanke in that sheete): whereby the world may know, how both truth it selfe, and that worthy gentleman are wronged (as well as other men) either by the printer or some others. cromwell, oliver, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the conclusion of lieuten: generall cromwells letter to the house of commons, concerning the taking of bristoll which was contained in the originall, (signed by himselfe) but omitted in the printed copy, which is authorized by the house of commons, (though there was a whole page left blanke in that sheete): whereby the world may know, how both truth it selfe, and that worthy gentleman are wronged (as well as other men) either by the printer or some others. cromwell, oliver, - . cromwell, oliver, - . sheet ([ ] p.) s.n., [london : ] annotation on thomason copy: " tbr. [i.e. september] . this was printed by ye independentes and scattered up and downe ye streets last night by expresly omitted by order of ye house [illegible] ye ⁰ tber. . .". imprint from wing. in this edition, the first line of text ends: spirit of. dated: from bristoll this th of septemb. . reproduction of the original in the british library. eng great britain -- militia -- early works to . great britain -- history -- civil war, - -- early works to . bristol (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no the conclusion of lieuten: generall cromwells letter to the house of commons, concerning the taking of bristoll: which was contained in the cromwell, oliver c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the conclusion of lieuten : generall cromwells letter to the house of commons , concerning the taking of bristoll : which vvas contained in the originall , ( signed by himselfe ) but omitted in the printed copy , which is authorized by the house of commons , ( though there was a whole page left blanke in that sheete ) : whereby the world may know , how both truth it selfe , and that worthy gentleman are wronged ( as well as other men , ) either by the printer or some others . presbiterians , independents ▪ all had here the same spirit of faith and prayer , the same presence and answer , they agree here , know no names of difference ; pitty it is , it should be othervvise anywhere : all that beleeve have the reall vnity which is most glorious , because inward and spirituall in the body and to the head . as for being united in formes ( commonly called uniformity ) every christian vvill for peace sake , study and doe as far as conscience will permit ; and from brethren in things of the mind , vve looke for no cumpulsion , but that of light and reason . in other things god hath put the sword into the parliaments hands , for the terrour of evill dooers , and the praise of them that doe vvell ; if any plead exemption from it , he knowes not the gospel . if any would vvring it out of your hands , or steale it from you , under what pretence so ever , i hope they shall doe it without effect , that god vvill maintaine it in your hands and direct you in the use thereof , is the prayer of your humble servant , oliver cromwell . from bristoll , this th . of septemb. . bristols second address, as it was presented to their late members in parliament, at their return from oxford to the right worshipful sir richard hart, knight, mayor of the city of bristol, and thomas earl, esquire, our late representatives in parliament of for the said city and county of bistol. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) bristols second address, as it was presented to their late members in parliament, at their return from oxford to the right worshipful sir richard hart, knight, mayor of the city of bristol, and thomas earl, esquire, our late representatives in parliament of for the said city and county of bistol. earle, thomas. hart, richard, sir. sheet ( p.) printed for henry broom, london : . reproduction of original in huntington library. broadside. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bristol (england) -- early works to . broadsides - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion bristols second address , as it was presented to their late members in parliament , at their return from oxford . to the right worshipful sir richard hart , knight , mayor of the city of bristol , and thomas earl , esquire , our late representatives in parliament for the said city and county of bristol . i. that you may see the short life of the late parliament hath not influenced us to change by altering our duty to our sovereign or our respects to you ; we now receive you into this city with the same loyal affections that we conducted you out on your journey to oxford . ii. we are neither presbyterians nor any of those sects , who presuming to pry into gods secret counsels , are the less to be wondred at , that they saucily canvass and dispute all the actions of his vicegerent . and therefore we enter not into the reasons moving his majesty unto this sudden dissolution , but humbly acquiesce therein with duty and loyalty becoming honest and peaceably minded subjects . iii. whatever the author of vox populi or other factious and seditious scriblers have with very ill purposes and designs of late falsely insinuated into the people : we are sensible that the power of calling and dissolving parliaments at pleasure , is one of those inseparable prerogatives of the crown , which ( no less necessary for the subjects safety than the prince's grandeur ) we in the third article of our former address assert and defend against all opposers . iv. we are abundantly satisfied that our gracious king , who hath hitherto made the laws the measure of his actions and proceedings , will still continue to us the same just practice ; and being assured by our former experience and his royal promise in his most excellent speech at the opening of the late session , that he himself would neither use arbitrary power , nor suffer it in others ; we therefore take it for granted , that he saw no less just cause for the dissolving this than the preceding parliament . v. had this parliament continued a week longer , we had not ( as now ) wanted an opportunity of vindicating our election of you our true representatives to the great dishonour of your competitors , in the refutation of the many scandalous and notorious falshoods contained in the petition presented ( as is said ) by sir robert atkins , sir john knight , and others , to the late house of commons . vi. and ( here ) we cannot but return you our hearty thanks and acknowledgments for your courage and resolution shewn on this occasion , and doubt not but you will still retain the same constancy and steadiness . vii . we desire , that you will be ready and prepared with us with lives and fortunes to stand by his majesty and the established government both in church and state , doing in your respective stations what in you lies . and wherein your power shall fall short , praying from his majesty assistance and encouragement , countenance and protection for the due execution of the statutes in being , particularly that of the th eliz. made upon most deliberate counsels ( as the history of those times attests ) against all recusants and dissenters whatever , their prosecution being in our opinion the only means ( under god ) to preserve the kings person , our religion , liberty and property from the secret machinations and hellish conspiracies of the wicked and ambitious , whether papists or fanaticks . viii . and in this blessed union , let us all with heart and hand join as one man , and let all honest people heartily say ( as we do ) god save our good king charles the second ; let his and our enemies be confounded : but upon himself and his lawful successors , let the crown be for ever established and flourish , amen , amen . bristol the first of april . this was subscribed by most of the aldermen and common council of the said city , and by several hundred more ( citizens and freeholders there . ) as likewise was their former address , notwithstanding langley curtis had the impudence in his protestant mercury ( number . ) falsly to affirm , that the said former address was a forgery , and an abuse put upon the said city , and that they were altogether ignorant thereof : and thereupon took occasion to vilifie mr. thompson ( a reverend minister of the said city ) in scurrilous language peculiar to such common-wealth-protestants ; which said former address ( with this now presented ) is and will be owned not only by those who subscribed them , but by all other his majesties truly loyal subjects within that city . london , printed for henry broom , . an exact description of the famous cittie of bristoll and suburbs thereof composed by a scale and tchnographically [sic] described by i.m. . individuell människohjälp (organization) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an exact description of the famous cittie of bristoll and suburbs thereof composed by a scale and tchnographically [sic] described by i.m. . individuell människohjälp (organization) millerd, ia. map. printed for ye author & sold by mr. tho. wall bookseller in bristoll, [bristol] : [ ] bird's-eye view. "ia: millerd delin. & scul:" reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bristol (england) -- aerial views -- early works to . bristol (england) -- maps -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion map of bristol the armes of y e see blazon or coat of arms the armes of the cittie blazon or coat of arms an exact delineation of the famous cittie of bristoll and suburbs therof composed by a scale and tehnographically described by i.m. . the 〈…〉 a s t mar● 〈◊〉 b th● 〈◊〉 c s t thoma● d s t nichola● ● s t mary span 〈◊〉 f s t peter ● s t phillip & 〈◊〉 h chri●t church i all saint k s t 〈◊〉 l s t iohn m s t stephen . n s t w 〈…〉 o s t leonards p s t iames q s t michael . r s t augustin . s the 〈◊〉 . t the cathedrall . urbs haec sublime spatiosa fidelis amoena . dulcis & insignis prisca benigna nitens . iura deum regem regionem crimina pacent . servat adorat amat protegit edit habet redcliff gate temple gate temple cross high crosse in high str●●● the telz●● in corn stre●● the market house in wine street newgate castle gate la●fords gate the pithay gate n●●dless gate fr●●m gate the back gate back street gate march street gate s t gyles gate bread street small street wells road bath road london road gl●●●…ler road the road to walles ia : millerd delin● & seul : printed for y e author & sold by m r tho. wall bookseller in bristell 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, . 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, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) 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, . 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, - . walker, clement, - . [ ], , [ ], p. printed for michael sparke, senior, at the signe of the blew bible in green-arbour., london, : . annotation on thomason copy: "aug: th". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng fiennes, nathaniel, or - -- early works to . bristol (england) -- history -- siege, -- early works to . great britain -- history -- civil war, - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true and full relation of the prosecution , arraignment , tryall , and condemnation of nathaniel fiennes , late colonel and governor of the city and castle of bristoll , before a councell of war held at saint albans during nine dayes space , in december , . 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 against 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 ; together with the honour , the justice of the councell of war , and prosecutors reputations , against all those false glosses , calumnies , aspertions , injuriously cast upon them by col : fiennes , or his partizans in sundry printed pamphlets , seconded with publike false reports . and to perpetuate a signall judgement against cowardize and treachery to posterity , not fit to be buried in oblivion ; for the benefit of the present and future ages . by william prynne and clement walker , esqs ; prov . . , . he that answereth a matter before he heareth it , it is folly and shame unto him . he that is first in his own cause , seemeth just , but his neighbour cometh and searcheth him . london , printed for michael sparks senior , at the signe of the blew bible in green-arbour . . to the right honorable , john lord roberts , baron of truro , president ; francis lord willoughby of parham , sir william balfore , and sir philip stapleton , knights ; colonell sheffield , col. martin , col. ayscough , col. coningham , col. thompson , col. hoburn , col. carlton , and mr. english adjutant generall : colleagues and judges in the late councell of war at st. albans , at the tryall and condemnation of col. nath. fiennes . right honorable , right worshipfull , and worshipfull : we here humbly present you with a true , though late relation , and vindication of your impartiall justice , in the tryall of nathaniel fiennes , the unfortunate governour of bristoll , which hath been over-long traduced , misreported , by the licentious pens , the slanderous tongues of him and his , which will not yet learn silence . it was his own vainglorious humour that first inevitably engaged us , by publike proclamations to be his prosecutors , and now inforceth us to become the registers of his deserved doom . had his tongue or quill been discreetly silent , and not misreported his ignoble surrender of bristoll to the world , the memoriall of it had been dead ere this , at least our lips , our pens would have continued mute . and had he not returned to his former folly , in justifying himself again in print , after your honorable just sentence denounced against him ( to the insufferable derogation of your most upright justice ) this history of his tryall and condemnation , ( truly collected out of our broken notes and memories , without any sophistication of additions ) had never seen the light : but his pertinacious insolency , first in appealing privately from , and since in writing openly against the justice of your sentence , against the ordinances of war themselves , as summum jus , yea summa injuria , in his late check to the checker , to palliate or extenuate his own cowardize and treason , for which he was condemned to lose his head , hath now obliged us ( in point of honour , of duty , both to your honours , the parliament , kingdom , justice , and our selves ) to publish the reall verity of all the proceedings in this publike case , under your noble patronage : to whom as we both resorted for justice in the tryall of the cause ; so we now appeal for the truth of the ensuing debates , relation , testimonies , as to the most equall judges , who tooke notes of all the passages , arguments , depositions on either side , the true publication whereof will scatter all the mists of prejudices , mistakes , misreports , wherewith they have been hitherto clouded . our desire is , that your eminent justice may shine as bright in this relation of it , throughout the realm , as it did in the councell-chamber at saint albans , in the pronounced sentence : from whence the desperate malefactor ( who hath lost his braine , or modesty at least in stead of his head ) i know not by what prodigious chymistry endeavours to ( * ) abstract arguments of his innocencie , integrity valour , against all sense and reason . if he will not henceforth learn better manners , and submit himself to your publike justice , with humble acknowledgement , and recantation of his former calumnies , we presume you will be so sensible of your wounded honors and integrities , as to make this stout affronter of justice , and cowardly opposer of the common enemy , a president to posterity in point of exemplary execution , as well as of bare conviction ; since others of better extraction and desert then he , ( as van * hemert , with two of his captains by name ) have lost their heads , for surrendring places of lesse consequence and strength then bristoll , after a longer , sharper siege by far then it sustained . thus submitting both our canse and this unpolished relation to your honorable , impartiall censures , we humbly rest your honors , vvorships , and the republikes devoted servants , w : prynne . clement walker . to the courteous reader . it is the just hand of god many times so farre to dementate the very wisest polititians , as to make themselves the principall contrivers of their owne infamy and ruine : quos vult perdere , hos dementat iupiter . a visible demonstration of this verity , thou mayest here behold in nathaniel fiennes , the late unhappy governour of bristoll : who not content to have surrendred this noble city and castle to the enemy , to the ineffable danger , dammage , prejudice of the whole realme ( almost wholly lost and ruined thereby ) which grand capitall crime , might probably have been passed over in silence , had he not audaciously justified it in a high degree , both by an over-confident speech in the house of commons , and a more bold relation , letter , and answer to master walkers reply to his relation , in print : the unadvised publication whereof , drew on his prosecutors ( as sparingly as might be ) to cleare the truth of that ignoble action . at which this man of armes ( who might have slept in a whole skin ) trusting more to the might of his friends , then to the right of his cause , was so highly displeased , that nothing would satisfie him , but either an open recantation of the truth by his antagonists ; or , a publike judiciall proceeding and censure against them before a councell of warre , to repaire him in his decayed honour . but his antagonists having too good a cause to recant , and too magnanimous spirits to cry peccavi , where they had done no injury to the offended party , and nought but right to verity and their abused countrey ; this man at armes ( notwithstanding many advises to the contrary ) would needs engage them ( against their wils ) to become his prosecutors before a councell of warre ; whereby instead of repairing his reputation , and gaining an expected triumph over his opposites , he lost both his honour & head to boot , by a judiciall sentence , which he had formerly forfeited , onely by a popular vote . * o the depth of the riches both of the wisedome and knowledge of god , how unsearchable are his iudgements , and his wayes past finding out . yet this succeslesse , shamelesse , obdurate delinquent persevering in his former obstinacy , hath in his late checke to the checker , ever since his censure and pretended pardon , judged his judges , sentenced his very sentence , yea , * the laws of warre , established by his excellency , by which he was condemned , stiling them summum jus , and so by consequence , extreame injustice ; pharisaically proclaimed himselfe , a just , innocent person , a valarous gentleman enabled with excellent gifts and endowments , &c. branded his prosecutors for blood-hunters , men void of charity , though they have suffered pillowrings ; lawyers bribed by aulicus to write against britannicus ; the sad fatall instruments of malignants , willingly or ignorantly put on by some malignant or iesuiticall spirit to foment divisions , &c. justified his innocency , integrity , valour , even out of his very sentence of condemnation , proclaiming most scandalously to the world , * that he was condemned onely for not burning the second city in the kingdome to the ground ; and for not doing evill that good might come of it , a diviner law having a greater influence on his soule at that time , then the law of war. ( an unparalleld affront against laws and publike justice , which patience it self cannot endure ) and withall drawes argumentative princiciples both of his innocency and valour out of his pardon , which himself ( in all likelihood ) thrust first into it , the pardon savouring of his owne expressions . these extravagant proceedings of this impudent , incorrigible , desperate delinquent , have necessitated the compiling and publishing of the ensuing relation , to vindicate truth , and publike iustice , with the prosecutors and iudges of this capitall malefactor , from those false calumnies and aspersions he hath hitherto cast upon them ; which if it actually bring his condemned head to the block ; after so long a reprieve , and perpetuate his infamy , treason , judgement , slanders to posterity , he must only blame himself , not us . the losse of bristoll being such a fatall blow to england ; and the protestant party in ireland , that the present and all after ages shall for ever execrate his memory , & his obstinate justifying this ignoble actiō after a capitall judgment for it , such a monster , as will make a nullity of all pretended or reall pardons which might ward off his execution . the god of mercy will not be mercifull to any impenitent transgressors , but will * wound the hairy scalpe of such who persevere in their trespasses . it can therefore be no cruelty but justice for men to deny mercy , where god himselfe will shew none , and to take the head of an obstinate condemned traitor , who will neither acknowledge , nor lament , but still defend his treason . have therefore a charitable opinion of his prosecutors ( kinde reader ) till thou hast perused this relation , with the testimonies brought against him at the tryall ; and if the parliament , kingdome , and thine owne conscience , after due consideration thereof , shall pronounce him worthy the indulgence hitherto granted him , we shall not repine at his good fortune , in scaping better then any other delinquent , for doing more mischiefe to the state , then all others put together ; but if they all pronounce him guilty , & his judgement just , though for the present we may say of him as tully once did of that grand traitor cateline ; abiit , excessit , evasit , erupit ; damnatus inani judicio ; having lost nothing but his honour , in which part he is all dead flesh ; yet it can be no uncharitablenes in us , now ( * ) to call for speedy execution after so long delayes , which have not bettered , but depraved this capitall offender . who having been a spectator of the late siege of york , which held out many moneths against two puissant armies , & near a fortnight after p. ruperts , with most of their garrisons totall rout ; till they had but five barrells of powder left , and yet then departed by composition , with all their armes , their colours flying , matches lighted , powder in their bandileers , bullets in their mouthes , bag and baggage in their carriages , like souldiers , and upon a thousand times more honourable termes then he quitted bristoll , in lesse then . daies siege , before any out-fort taken , ( wherein he left all his canon , armes , ammunition , colours , magazines to the enemy ; ) will now , wee presume , pronounce his surrender of it most dishonourable , cowardly , traiterous , and his iudgment just ; at least all others will repute , and glocesters former , limes late most heroick defences against their long furious sieges , will proclaim , resolve them such , & him unworthy any favour . vale. a true and full relation of the prosecution , araignment , triall , and condemnation , of nathaniel fiennes , late colonell and governour of the city and castle of bristoll : before a counsell of vvar held at saint albanes , during nine daies space in december last , touching his cowardly , vnworthy , and traitorly surrendring of the said city and castle to the enemy , before he was necessitated thereto ; not one of the out-forts thereof being so much as taken , nor the city or castle walls once battered or assaulted by the enemies , who besieged it not full three whole dayes . nathaniel fiennes having unexpectedly , if not ambitiously procured the government , and most cowardly , unworthily quitted the possession of the famous city and castle of bristoll , ( the chiese magazine and bulwark in the western parts ) by surrendring them beyond all expectation to the enemy , when no waies necessitated thereunto , was yet of that transcendent boldnesse as to justifie this his ignoble act ; first by a solemn premeditated speech in the house of commons , after that by a printed relation , and a letter to his excellency ; and the better to evade a parliamentary tryall for that fatall blow he had given to the whole kingdome , in the yeelding up of bristoll ( which sadded the hearts of all , exasperated the spirits of some well-affected to the parliament and republique ; ) he cunningly desired in the close of his speech and relation , * that the truth of his narration might be examined in a counsell of warre , and he either cleared or condemned thereby : to which purpose he obtained an order of the said house , when as yet he had no other accuser but his owne conscience , which ( if we beleeve the proverb ) is a thousand witnesse : this his unexpected audaciousnesse to justifie an action so universally condemned by the suffrages of all sorts of men , provoked mr. prynne ( after some diligent inquiry into the truth of this disguised businesse ) in his booke entituled , romes master-piece , ( printed by authority of a committee of parliament ) pag. . to stile that action ( formerly censured in sundry printed mercuries both at london and oxford ) the most cowardly and unworthy surrender of bristoll , a fit inlet for the malignant welch papists , and irish rebells ( lately landed there in great multitudes ) to cut all our throates : and withall obliged mr. walker in point of duty , as a deputy lieutenant and committee of parliament in those parts , to publish in print , an answer in confutation of the said relation , thereby to vindicate the truth , and let the parliament see , they had not employed such a man as would palliardise lies , and become a pander unto falshood . now had fiennes beyond his expectation gotten two adversaries whom he must needs seemingly call into the list , lest ( before the counsell of warre ) he might be thought to fight only with his own shadow : presuming therefore more upon the strength of his friends then goodnesse of his cause , he resolved to make these two gentlemen the subject of his triumph ; he had lost one victory for his country , but would gain another for himselfe , and lead truth captive ; she should have been the trophy to his victory as well as bristoll was to the cavalliers , and he should still be reputed a man of honour : the better to compasse this conquest , the busines was projected by him in manner following . mr. prynne must be privately dealt withall by mr. sprigge , the lord sayes sollicitor , to retract his former passage , as scandalous and dishonourable to colonell fiennes , and his noble family , though neither of them are named or personated in in it ; which he refused to doe , * advising col. fiennes , as his friend , to rest quiet , for feare he lost his head , and subjected himselfe to a legall as well as a popular censure ; assuring him , that if the businesse came to a publike examination , if he understood any law or martiall discipline , it could not but prove capitall to him . mr. prynne continuing thus inflexible , protesting he would never betray the truth , his country , or the honour of the parliament , which had licensed his master-piece , to palliate an unworthy action in any his dearest friends ; and mr. walker being too stout to recant those truths he had published in his reply ; there was now no other remedy left this man of armes to preserve his head and honour ( now at stake ) but these ensuing policies . first , he endeavours all he could to take off , and disingage the parliament from any avowed publique prosecution and examination of this unworthy surrender ; to keepe his person exempted from all restraints , to continue himselfe a member of the house , and have free recourse thereto without the least suspention , the better to buoy up his sunck reputation , and deterre his prosecutors from articling , all witnesses from appearing against him , remaining still a member ; which appeares by his subsequent exceptions to our impeachment presented to the house , as an high breach of priviledge , equall to that of the five members . nex , since mr. prynne and mr. walker had lost the best part of their estates in the losse of bristol , it was contrived that the businesse should be made as troublesome , as chargeable in the prosecution to them and their witnesses as could be , notwithstanding they were engaged not out of any private interest , but only for the publique ; that so the trouble and expence of the very triall might forestall it : and therefore , upon the humble petition of nathaniell fiennes , and his officers , to his excellency , mr. prynne and mr. walker by the ensuing publique proclamation ( posted up both at westminster and the exchange ) were commanded to appeare before a councell of war to be held in the * army ( a place indefinite ) upon the . of october . there to justifie what they had published or could alleadge against the said colonell fiemes , or any of his officers , concerning the surrender of bristoll . whereas upon the humble petition of colonell nathaniell fiennes , late governour of bristoll , and divers of his officers , i have appointed the nineteenth of this instant month of october being thursday , to receive an account concerning the surrender of the city of bristoll at a counsell of war to be held in the army : and whereas mr. clement walker , and mr. william prynne have published severall things in print tending to the dishonour of the said colonell nathaniell fienne ; late governour of bristoll , touching the surrender of that place ; they the said clement walker , and william prynne , and all others who can shew any thing wherein the said col. nathaniell fiennes then governour of bristoll , or any of his officers , have done any thing in that action contrary to the rules of warre , and honour of souldiers , are required to appeare at the said counsell of warre to give in their informations . essex . before this proclamation was first pasted up at westminster , master walker by practise and procurement of the colonell ( as he had cause to suspect ; and the sequell evidenced ) for some misconstruction made of a clause in his answer to col. fiennes relation , was questioned in the house of peers , where this originall complaint was so soone waved by falling upon some collaterall words ( supposed to be spoken to master baker the messenger , but denyed by mr. walker ) for which master walker was suddenly fined and sent prisoner to the tower ; as many conceived the first quarrell was not so much causa data , as quaesita , of purpose to disable his prosecution of the cause . whereupon colonell fiennes having gained this advantage , to shew his valour in trampling upon an imprisoned antagonist stript both off his liberty and estate ( as his brother iohn did his , in cutting off major woods finger when two men held him fast ) sets forth a reply to mr. walkers answer of his relation , so fraught with lies , a base lye , and such like uneivill ignoble language in the margin , ( where all the lies were concentred ) as better became an oyster-woman at billinsgate , then a souldier or man of honour , and lost him exceedingly in all wise mens opinions : not contented herewith , he likewise caused a scandalous paper to be printed and dispersed about the streets , intituled : the true causes of the commitment of master clement walker to the tower ; and then posting up the forementioned proclamation at westminster hall gate and the exchange , some two or three daies after , to wit , on the . of october about night he sent his foot-boy to the tower to m. walker , with a copy of it ( without any seal , or subscription of his excellencies name , or other summons ) inclosed in this note . sir , i have sent you a copy of my lord generalls proclamation concerning the counsell of warre that is to be held on thursday next concerning bristoll , i understand you are in restraint by order of the lords house , not for your booke which you writ in answer to my relation , for that is referred by the house of commons to a counsell of war , ( where i expect you should be to justifie what you have therein published to my dishonour ; ) but for words spoken by you against a peere , against the whole house of peers ; yet so soone as the lords house sits , i will procure the house to be moved , that you may have your liberty in such a manner as that you may be at the counsell of war , and make good there what you have published against me , if you can . nathaniel fiennes . by this writing it evidently appeared , that master walkers commitment , was a meer plot of col. fiennes to suppresse or surprise a tryall , and make this prosecutor cry peccavi , else he durst not so confidently undertake the procurement of his liberty in this manner . master walker upon this summons petitioned the lords for his enlargement day after day , to prosecute this businesse at the counsell of warre , and had severall expresse orders for his release upon security , so as he should render himself prisoner againe so soone as the tryall was ended : yet notwithstanding the businesse was so carried , that divers weeks elapsed before he could obtain his liberty upon baile ( the lords orders being not only quarrelled , but contemned by those who were to bail him ) although he had by this first summons but five daies time allowed him to procure his freedome , draw his articles of impeachment , seek out , mannage his witnesses , and be ready for a tryall , a thing impossible to be done in so short a space . nor had m. prynne any fairer warning , or more legall summons , this insuing paper without seale , name , or date ( with a copy of the proclamation inclosed ) about nine of the clock the same night being delivered him in the darke by col. fiennes his foot-boy under lincolns inne chappell , instead of a citation . sir , i have sent you a copy of the lord generals proclamation concerning a counsell of war to be held concerning the surrender of bristol , where i expect you should be , according as by the proclamation you are required to be , to justifie what you have published concerning it , that it was cowardly and unworthily delivered up , and withall i desire you to read the , . and . verses of the . chapter of exodus . which paper when mr. prynne had read , he imagining colonell fiennes to be as unskilfull in legall proceedings as he had shewed himselfe in millitary affaires , penned and sent him this insuing letter , to put him into a formall speedy way of triall , and beat him out of his meere vapouring paper bravadoes . sir , on friday night late i received a note from your foot-boy , without name or date , with a datelesse , namelesse paper inclosed , pretended to be a proclamation of my lord generals , to appeare at a councell of warre on thursday next ( not expressing what time of the day ) to be held in the army , ( without mentioning in what certaine place , the army being dispersed into divers quarters remote from towne ) to justifie what i have written concerning the cowardly and unworthy surrendring up of bristoll ; which generall , the consciousnesse of your own guilt makes you ( it seemes ) to appropriate wholly to your selfe , though not named by me : this i shall be ready to doe ( since thus unexpectedly challenged into the lists ) when i shall be legally summoned thereunto , at a certaine competent time and place . to which end ( since your foot-boyes namelesse , datelesse summons , without any warrant under my lord generals hand and seale ; with the datelesse , namelesse , placelesse , seallesse proclamation inclosed , are but grosse aritificiall flourishes to blinde the world , and meere nullities in martiall , common , civill , canon law , as all professors of them will instruct you ; yea such an individuum vagum , which makes intelligent men conceive , that you intend onely to abuse the world with flourishes , but never to put your selfe upon a reall publike triall ; i and mr. walker , to set you into a legall reall way of triall , have joyned in two petitions to my lord generall and the house of commons , to appoint a generall councell of warre , for the hearing of this publike case in a convenient time ( the next wednesday if you please ) and fitting place within westminster or london , in presence of the house of commons , of which you are a member , to the end you may vindicate your honour , and make good your printed relation to the house , your letter to his excellencie , and delusory rude answer to master walkers reply , before them , if able , to your just purgation , and our disreputation or else give him and me leave to disprove them , and justifie what we have severally written ( my selfe by no lesse authority then a committee of the house of commons ) to your just dishonour , capitall censure , and maintenance of our reputations , which you would wound , if possible , to repaire your owne . truth seeks no corners , feares no colours , trials ; neither shall i in this common cause , wherein the kingdome hath suffered more dammage by bristols surrender , then your life or estate are ever able to satisfie , though you should lose both for it , as you may peradventure chance to doe , if you make no better a defence of your cause ( in which you have now most unwillingly ingaged me past al retreats ) then of this city and castle , and that by your own martial law ( to omit ancient presidents ) who dispossessed colonell essex of his governorship of that place , hanged up two citizens there , and ransomed others , onely for attempting to deliver up bristoll to the enemy before it was fortified and furnished ; when you did them a farre greater kindnesse , to fortifie and furnish it with all sorts of ammunition and provisions , at the parliaments and kingdomes cost , and then most valiently surrendred it , with all the canon , ammunition , treasure , provisions , ships , prisoners , arms , colours in it ; and if we beleeve mercurius aulicus , bestowed them on the king , to the irrepairable losse and danger of the whole kingdom , before any one sconce taken , any one shot made against the cities or castles walls , or the least assault of either of them . and yet such hath beene the strange carriage of this action hitherto , on your part , that dat veniam corvis , vexat censura columbas . you censure , quarrell all other men , who dare be so valiently honest as to dispraise this your heroick state-service , which hath quite undone them . sir , if you bee as really confident of your owne innocency and valour , as you are quaerulous of our pretended calumnies of them , ( who beleeve we have written farre more truth of you , then your selfe have done ) i conceive you will cordially second our petitions , for such a faire publike hearing here as we desire , and the world expects , after so many printed bravadoes ; otherwise the whole kingdome will pronounce you guilty , and all men of arms , of honour , proclaime you a coward , if you flee a faire publike triall ; wherein i shall punctually follow those texts you point me to , exod. . , , . ( which i wish you had made use of in this cause ) and aime not so much at victory , or private ends , as verity and publike good in this legall combat : in which i hope to manifest my selfe a true friend to my countrey , and no enemy to your selfe , but a pious one , of your owne seeking . yours , william prynne . lincolns-inne , . novemb. . master prynne and master walker finding themselves thus altogether surprised with these undermining policies of the unrestrained , unquestioned delinquent , and the great straits of time in a businesse of such common concernment , the one of them being likewise at that instant ingaged in other publike services for the state of great moment , the other a prisoner , they thereupon drew up two severall petitions to the parliament and his excellency for a publike triall of this cause within london or westminster . the petition to his excellency , ( presented by master prynne ) was this : to his excellency robert earle of essex , &c. lord generall of the parliaments forces . the humble petition of clement walker ( prisoner in the tower ) and william prynne esquires . shewing , that your petitioners on friday last in the evening received two severall notes in writing , with papers inclosed ( both of them without any name , date , direction ) pretended to be copies of a proclamation issued by your excellency , brought to us by a foot-boy , not from your excellency , or any of your officers , or a councell of warre , or by direction from either , but from colonell nathaniel fiennes himselfe , and in his name ; whereby we are by name particularly required , to appeare before a councell of warre on thursday next , to be held in the army , to justifie such things as we have severally published in print ( some of them by authority of the committee of the house of commons for printing ) touching his surrenrender of bristoll , whereof he was late governour , and to give in our informations of any thing done by him or his officers in that action contrary to the rules of war and honour of souldiers ; without any expression of the time of the day where , or certaine quarter of the army ( now dispersed into sundry remote places ) where the said counsell shall be held or appearance made . in regard of which illegal summons , and uncertainties , as likewise of the short warning to prepare our witnesses , and your petitioner walkers present imprisonment in the tower ( by the said late governours practise and procurement ) your petitioners , though most willing to prove , and desirous to justifie before all the world what ever they have published touching the said colonels surrender of bristoll , ( for the kingdomes future security , and terror of all pusilanimous commanders , who shall dishonourably betray their trust ) are yet altogether disabled to performe this service , unlesse they may have free liberty , a certaine place of appearance , and competent time assigned them to prepare their impeachments and witnesses in this leading case , of generall consequence and concernment to the whole realme . in tender consideration whereof , and for that divers members of the honorable house of commons are , or must be interessed in this common cause as parties or witnesses , whose presence will be necessary at the hearing ; your petitioners for the more easie , speedy , publike solemne triall hereof , humbly supplicate your excellency to assigne them a competent time and place within the city of london or westminster , where they and their witnesses may be personally and fully heard touching the premises before a general counsell of war , in the presence of such members of both houses as shall voluntarily or by order repaire to the said triall ; where your petitioners at their perill , shall ( by gods assistance ) be ready to make good their severall allegations against the said governour , who cannot but readily joyne with them in this their just request , if so innocent , or injured as he pretends . and your petitioners , &c. his excellencies answer to it was , that he would talke with colonell fiennes about it ; the petition to the parliament was to like effect ; and the house upon reading thereof , referred the businesse wholly to my lord generals direction . these petitions though they received no other answers , yet gave occasion to colonell fiennes to procure an adjournment of the counsell of warre , to a farther day , which was posted up at westminster and the exchange in this forme . whereas a councell of warre was to be held this day at windsor about the delivering up of the city of bristoll , and whereas the plaintiffes have petitioned for longer time , to bring in their proofes , and the armie being upon its remove , whereby divers officers whose presence is needfull , are likely to be hindred from giving their attendance ; the said counsell is adjourned till this day fortnight . dat. . october . essex . by this time the colonell finding his prosecutors ( thus publikely ingaged by himselfe ) resolute to proceed for their countreyes common service and security , and that they were neither daunted nor discouraged by all his flourishes and devises ; having thus contrary to his expectation , brought his foot into the snare , out of which he could not draw it againe ; thereupon his heart ( as false to him in other things as in the defence of bristoll ) did so much mis-give him , that taking advantage of the imployments and absence of some officers in the army from the head quarter , he procured sixe or seven successive adjournments of the day of triall ( some of them after a perremtory ) to be set up at westminster , thereby to tire out the prosecutors : which they perceiving , thereupon drew up their articles of impeachment against him , which annexing to a petition , they exhibited to the house of commons to prevent all just exceptions of breach of priviledge , and quicken and expidite the triall . the articles are the same hereafter mentioned . the petition as followeth . to the honourable , the knights , citizens , and burgesses in the commons house of parliament assembled . the humble petition of clement walker and william prynne esquires . shewing , that the businesse of the surrender of bristoll to the enemy by colonell nathaniel fiennes , late governour thereof ( to the irrecoverable losse and danger of the whole kingdome ) was upon his owne motion ( made of purpose as we conceive to evade , or delay the examination thereof ) referred by your order to a counsell of warre , since which the colonell hath caused severall papers in his excellencies name to be posted up at westminster hall gate , and exchange ( to put a flourish on that action ) requiring your petitioners by name ( though never yet served with any warrant , and one of them ever since deteined a prisoner to hinder the prosecution ) to eppeare before a counsell of warre to informe against the said colonell touching that businesse , without expressing any certaine place where it should be held , which counsell hath beene since thrice adjourned to no place at all , or to a remote one , if any , and is like still to be adjourned , by reason of the armies motion , whereby your petitioners ( now publikely engaged by the said colonell himselfe effectually to prosecute him for the common good , and future security of the realm ) shall be either disabled , or retarded to bring that cause to a full , and speedy publique triall , as they desire . in regard therefore that the said colonell is a member of this honourable house , the businesse on his part misrepresented by him in the house , wee not yet heard , the witnesses in or neere london , ( some of them members of the house ) not conveniently drawne to the army without great expence , others of them suddenly to disperse themselves into the west and northerne parts ; the businesse of great concernment to the whole kingdome , to many inhabitants of this city who have lost their estates thereby , and this a leading case to others of like nature , not fit to be hudled up in a corner , since anciently tried only in parliament , and now thence transmitted only by the said colonels owne motion . your petitioners humbly desire your honours out of your zeale to publique justice to order , that this cause may have a faire and speedy tryall upon the articles of impeachment hereto annexed against the said colonell ( which we are ready to prove at our perils ) either in full parliament according to ancient use , or at a generall counsell of warre , to be held publiquely within london or westminster at a set time and place , in the presence of your honours , concerned in it in the kingdomes behalfe ; which they humbly conceive , the said colonell , if faultlesse , will readily condiscend to ; and that he , upon these our articles of impeachment may ( according to ancient presidents , and the present examples of master waller , sir iohn hotham , and his sonne , with others of like nature ) be forthwith committed to safe custody till the tryall . and your petitioners ( desirous of nothing herein but the republiques and your honours safety and service ) shall ever pray , &c. clement walker . william prynne . this petition by reason of other occasions , though daily and earnestly sollicited , could not gaine audience in ten dayes space ; and then a day being appointed for its reading , col. fiennes and his friends , who had notice of it , endeavoured to suppresse it as soone as read , and the articles too : some of them excepting against the word hudled up , in the petition , as scandalous to his excellency , and the councell of warre ( though not so intended , and col. fiennes his own expression in a paper to mr. pryn ; ) others of them , pretending the articles of impeachment annexed to the petition , were as great a breach of the priviledge of parliament , as that impeachment against the five members ( though done only in pursuance of the colonels owne motions , and the houses own orders , who had formerly referred him to the triall of a councell of warre , and so the cases no wayes parallel : ) moved , that they might be sealed up and suppressed before they were heard or read , and the petitioners brought to the barre , and proceeded against criminally for the same : so much art and policy was there used to retard and take off this prosecution . but at last after long debate in the house , upon the reading of mr prynnes forecited letter to the colonell ( who there produced it by way of complaint , desiring it might be read , thinking thereby to lay up mr prynne in prison as he had done mr walker ; and so to be suddenly quit of his prosecutors with honour and triumph , ) the house , quite contrary to his expectation , made these ensuing votes for the reading of the articles , and recommending them to his excellency . die mercurii . novembris . the humble petition of clement walker and william prynne esquires , concerning mr nathaniel fiennes , and the surrender of bristoll , was this day read in the house of commons ; and articles of accusation of the said mr fiennes touching the surrender of the said city of bristoll , and castle , were this day likewise presented to the said house . a * letter from mr prynne to mr nathaniel fiennes was likewise read . ordered by the house of commons , that as they shall be carefull that there shall be a faire and equall triall of mr nathaniel fiennes , so they will take the petition of the petitioners , and the articles after the triall into consideration , in as much as it shall concerne my lord generall and the councell of warre , and as it shall concerne the priviledge of parliament . resolved , &c. that the articles , entituled , articles of accusation and impeachment against colonell nathaniel fiennes late governour of the city and castle of bristoll touching the dishonourable surrender thereof to the enemy , contrary to his trust and duty , by clement walker , and william prynne esquires , shall be now read . the said articles and impeachment were accordingly read . the petition and articles were signed clement walker , and william prynne ; and they were both called in , and at the barre being demanded , whether the names subscribed were of their owne hand writing , did avow the names to bee of their owne hand writing , and did avow the said petition and articles . ordered that a copy of these articles , attested under the clerks hand , bee forthwith sent to my lord generall . h. elsynge cler. parl. d. com. these votes soone after drew on the long-delayed triall , put off by severall adjournments from the . of october till the of december ; so long were these gentlemen ere they could bring the beare to stake , notwithstanding his many vapouring flourishes of purpose to abuse the world , which before this were discovered by most , to be no better then fig-leaves to cover his shame withall . after all these undermining endeavours of colonell fiennes , to suppresse , retard , discourage , and tire out his prosecutors , came the long expected day of triall at saint albanes , upon thursday the of december . where mr walker and mr prynne appearing before a select honourable councell of warre , designed and assembled to heare this cause in a roome adjoyning to the town-hall ; dr doresla judge advocate of the army , there demanded of them , whether they had any articles of impeachment drawne against colonell fiennes ? to which mr prynne replied , that he being a member of the house of commons , they had exhibited their articles to that house , who by order had sent a copy of them to his excellency , upon which they were to proceed . which the advocate thereupon acknowledging , my lord roberts president of the councell of warre , commanded him to read the said order and articles sent together with it ; as soone as the order was read , mr prynne tendred a copy of the articles of impeachment under mr walkers and his owne hands , agreeing with those delivered to the house , which he averred they were there ready to make good in each particular , desiring the councell to proceed upon them , because the other was but a copy which they had not subscribed , but this they now tendred an originall ; which was assented to . upon this dr dorisla the iudge advocate was commanded to read the articles ; but mr prynne then perceiving the doores kept close , contrary to expectation , and all persons , auditors , but themselves alone , excluded ; and fearing that by this meanes a doore would be opened to colonell fiennes and his party to misreport the proceedings of this triall , as they had done the relation of the siege and surrender of bristoll , before the reading of the articles made this request to the councell , that this hearing might be as publike as the cause it selfe , and as that place could afford ; the doore set open , and none excluded ; the rather , because himselfe and mr walker ( being no chalengers , but chalenged ) were engaged in this prosecution , not in their own particular interests , but the republikes , and that by speciall order of parliament ( the representative body of the kingdome , ) which had ordered a faire and equall triall , which they humbly conceived to be a free and open one , agreeable to the proceedings of parliament and all other courts of iustice in the realme ; which stand open to all , and from whence no auditors are , or ought to be excluded . colonell fiennes opposing this motion , in a sycophanticall way alleadged , that we suspected the integrity of that court , as appeared by this request for an open triall , and our endeavours to appeale therefrom by severall petitions to the parliament , for a triall before the house in london or westminster ; whereas hee had cast himselfe freely and cleerely upon their iustice ( which hee no wayes suspected ) to whom the cognizance of such causes properly belonged ; and therefore desired the hearing might be private , according to the proceedings used in such courts . upon which dr dorisla , iudge advocate , intervening , told the prosecutors and councell , that it was against the stile and course of a court martiall to be publike and open : therefore it might not be admitted upon any tearms . to which mr prynne replied , that he no wayes distrusted the iustice or integrity of this honourable councell , for then he would not have appeared before them at this place and time to crave iustice from them : that he was a common lawyer , and by his profession , his late protestation , and solemn covenant , bound to maintain the fundamentall laws of the kingdom and liberty of the subject ; that the members of this honourable councel as well as himself , had not only taken the like solemn protestation and covenant , but also put themselves in arms to maintain and defend the said laws and liberties of the subject to the uttermost : that by the lawes and statutes of the realme , all courts of iustice ever have beene , are , and ought to be held openly and publikely , not close , like a cabinet councell ; witnesse all courts of iustice at westminster and elsewhere , yea all our assizes , sessions , wherein men , though indited but for a private fellony , murder , or trespasse ( which nothing neere concerns the republike so highly as this dishonourable surrender of bristoll ) have alwayes open trialls : and if such petty causes , then much more this of most generall concernment to the whole realme , recommended to a faire triall by the parliament it selfe , ought to be as open and publike as possible , to satisfie both the parliament and people ; that not only in courts of common law , but in the admiralty it selfe , and all other courts proceeding by the rules either of the civill or canon law , the proceedings have ever beene publike , the courts open . and even in late proceedings by martiall law before a councell of war , the trials of delinquents in england have been publike , as appears by the trials of yeomans and butcher at bristoll before colonell fiennes himself , which were publike ; and by the triall of mr tomkins , challoner , and others since , before a councell of warre at the guild hall of london in presence of both houses of parliament and the whole city , no commers being thence excluded . wherefore this case being of the same publike nature , and as much or more concerning the kingdome as theirs , ought to receive as publike a triall as theirs did . to which dorisla answered , that himselfe protested against the open triall of tomkins and challoner , as a breach upon the councel of wars priviledges ; but was over-ruled therein , to give the parliament and city content ; adding , that all councels of warre in forraigne parts were ever private , and ours now used not to be guided by common or statute laws , or the course of other courts , but by their own orders ; and this being a councell , it was against the nature and constitution of it to be publike . to which mr prynne rejoyned . first , that there was as great cause to give the parliament , city , and kingdome satisfaction in this , as in the other forenamed case , it being of as publike concernment . next , that we of england are not to be guided by forraigne lawes or presidents , but by our own domestick : that the common law , the statutes of the realme , and constant practise of all our other courts of iustice , ought to regulate the proceedings of the councell of war , not the councell of wars to repeale and controule them : especially in an army which hath taken up armes , and are waged by the parliament of purpose to defend the fundamentall lawes and subjects liberties , not to thwart them : that it was both against the laws and subjects liberty ( as he humbly conceived ) to deny any prosecutor or subject an open triall , and thus to chamber up or restraine iustice intra privatos parietes , in any , much more in this publike cause . that the judge advocate could produce no one president for such a close triall within our realme in any former age ; and therefore hee should make no such new president now . that all cases of this nature , touching the cowardly surrendring of townes and castles , were in former times tried only in full parliament , as appeares by the cases of gomines , weston , the bishop of norwich , and others ; and that upon very good reason , since cases which concern all , are fittest to be determined in that highest court which represents all the realm . that this councell of warre had a double capacity and consideration ; first , as a councell of warre only , to deliberate of things necessary for the regulating and managing of military affairs ; and in this regard it ought to be secret in all such debates , and not communicate their councels : but in this capacity wee were not now before it . secondly , as a court of iustice , to proceed criminally against malefactours ; and in this respect it ought , ( as hee beleeved ) to be publike and open to all commers . to put this out of doubt , he would instance only in one example : the high court of parliament is both the supreamest great generall councell for peace and warre , and the highest court of iustice in the realme : as it is a councell to consult , debate , or deliberate of the military or civill affaires of the kingdom , so it is alwayes private , none but the members and officers of either house being admitted to their consultations or debates . but as it is a court of justice to punish malefactors , so the proceedings of both or either house are alwayes open and publike , as appeares by the late tryall of the earle of strafford in westminister hall , and infinite other presidents of antient and present times . if then this supreamest councell of all others as it is a court of iustice , stands ever open unto all , and the proceedings of it be alwayes publike , without any infringment of its priviledges as a supream councell of warre and peace ; then certainely this honourable councell of warre ( inferiour to it both in power and iurisdiction ) as it is now a court of iustice , may and ought to hold their proceedings and sessions publikly in this common cause , without any violation of its priviledges as a councell . what therefore the peeres in parliament once answered the prelates in 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 . . 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 . . 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 . . 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 . . item , that he the said colonell , notwithstanding the premisses , when the enemy came before the said city and castle , with no extraordinary forces or ammunition able to force the same , and besieged them not above three dayes at the most , did before ever the enemy had taken any of the out . forts , or sconces about the same ; or had made so much as the least battery or assault upon the walls of the said city or castle , or any myne or breach into any of the forts thereof , contrary to his former trust , promises , duty , and the honour of a souldier , most dishonourably , cowardly , and traiterously delivered up the said city and castle , with all the prisoners , canons , ammunition , artillery , armes , military provisions , magazines , victualls therein , and the very colours too , without , and against the consent of the parliament , or his excellency their generall , into the hands and power of prince rupert , and other common enemies of the kingdome and parliament , to the extraordinary great danger , dishonour , losse and prejudice of the whole kingdome and parliament , the evill example of other governours and townes , the losse of most of the westerne parts of england , and great encouraging , inriching , and strengthening of the said enemies , both by land and sea : and that upon very dishonourable articles , to which hee was no wayes necessitated , and had no care to see them punctually performed by the enemy , when complaint thereof was made to him for reliefe ; to the great prejudice and impoverishing of the inhabitants and garrison souldiers there . . item , that the said colonell , without the privity or consent of any generall councell of war , did of his own head , send out for a parley with the enemy , when divers officers and souldiers advised and perswaded the contrary , and would have repulsed the enemies , and defended the said city and castle to the utmost ; that the surrendering up of the same was principally occasioned by the earnest perswasion , advice , and cowardice of the said governour , contray to his trust and duty to keepe the same : and that the said governour , when as the councell of warre unanimously voted upon the parley , that it was neither safe , nor honourable for them to depart the towne , unlesse they might march thence with halfe their armes at least , and with their colours ; thereupon , after some private conference with col. gerrard , one of the enemies commissioners , in the garden ; without the privity , and contrary to the vote of the said councell , did make and insert the last article , that they should leave all their canon and ammunition , with their armes and colours behinde them , and returning to them out of the garden , told them plainly , that they must now deliver up all to the enemy , but what was expressed in the articles he then produced , and leave their armes and colours behind them , to the said councells and souldiers great discontent ; and whereas by those very articles , the said town and castle were not to be delivered up till nine of the clocke the next morning , nor the enemies to enter them , till the souldiers , and other gentlemen were marched out , the said governour was so over-hasty to surrender up the same , that hee delivered them up to the enemy above one houre or more before the houre agreed on ; and suffered the enemies to enter and possesse them before the souldiers were marched out ; whereby many of the souldiers were pillaged in the castle and towne , and divers of the inhabitants best affected to the parliament , plundered before the houre of surrender came , to their great losse and undoing . . item , that he the said colonell , during the three dayes siege of the said city and castle , did not give any such incouragement to the souldiers and officers ( who bravely defended the same , and slew neere one thousand of the enemies best men , by his own a printed relation , with the losse onely of eight persons ) which much discouraged them , as his duty and place required , and they expected ; and that when a small number of the enemies , not two hundered ( who gave themselves for lost , ) had entred the line of communication at the weakest place , which was worst guarded , on wednesday morning the . of iuly last ( being bravely repulsed by the souldiers with great losse in all places else ; ) he the said colonell for two houres space or more ( during which time no more enemies entred or approached the said breach ) both neglected and refused to command or incourage the officers , and souldiers , who offered to beate them out in due time , as he was advised and pressed to do by captain bagnall , livetenant colonell dauison , and divers others , who would have undertaken that service ; and instead of incountering the said enemies ( against whom the very women offered to go on with their children to dead the canon , if the souldiers were afraid , rather then the city and castle should be yeelded ) called off the souldiers and officers from the line and out-works ( that the enemies might the better enter them without resistance ) upon pain of death , much against their wills ; who should and would have hindered and repulsed the enemies ; and discouraged and hindered such as were forwards to have cut them off , sounding a parley when the enemies were so beaten , that they b threw down their armes and cried for quarter : insomuch that divers of the souldiers and inhabitants , cryed out they were betrayed , and some of the souldiers brake their armes in discontent , swearing they would serve the parliament no more . . item , that the said governour , notwithstanding his promises to defend the said city and castle , and dispute it to the last , had yet a reall intention to deliver up the same to the enemies before ever they were besieged by them , and no thought at all to defend them to the uttermost , or till they might be relieved by his excellency , as appeares by the premised articles , by the said governours refusall to send the prisoners formerly taken out of the said castle , before the enemy approached , when moved to it , by sir william waller ; saying to him and others , that he would detain those prisoners still there , to make his owne conditions and composition the better with the enemies , if they came before it ; by his commanding master hassard the master gunner there , to lay aside a reserve of thirty barrells of powder , with match and bullet answerable , to which when he was reduced he would then treat with the enemy , ( which he did long before he was reduced to this large reserve ; ) by other speeches to the like effect , and by his moving sir william waller to depart from bristoll , before it was besieged , who otherwise would have adventured his life in its defence . . item , that he the said governour , when he surrendred the said castle to the enemy , had at least sixty barrells of power therein ( besides what was in the city and forts ) being above twenty more then were in gloucester when it was first besieged , five hundred canon shot , fifty great granadoes , fourteen hundred weight of match or more , great store of musket bullets , and tin to make more , a match-make , a bullet-maker , with materialls to make match and bullets , and all manner of provisions and victuals , sufficient to maintain one thousand men for three or four moneths space at least , eleven canons therein mounted , ( besides . canons mounted in the city and forts ; ) all which were surrendred to the eenmy before any battery or assault made against the said castle ( though he had men more then enough by his own † relation to defend it ) contray to his promise made to divers inhabitants of the said city , best affected to the parliament , to defend the same to the uttermost , and to dispute every foot thereof with the enemy , and to keep it , or to lay his bones therein ; who thereupon sent their estates , with provisions for them and their families , for three months space or more , into the said castle , where the said colonell promised to secure and defend the same , most of which their estates , were there seized on by the enemy to their undoing ; by reason the said colonell admitted the enemies into the said castle , and delivered up the keyes thereof unto them , before the houre agreed on in the articles , such was his extraordinary haste to quit the same . item , that the said colonell , to aggravate this his dishonourable action , hath presumed to justifie the same , not onely before the honourable house of commons , by word of mouth ; but likewise before the whole kingdome and world in printed * relations and letters , wherein he hath laid an extraordinary great blemish both upon the honourable houses of parliament , and his excellence the earl of essex , their l. general , by publishing in print , that had he manfully held out the said city and castle to the last , yet he could not have expected any reliefe from them in six or eight weekes space at the least ; when as glocester since besieged with far greater force then bristoll , was yet relieved by them in lesse then halfe the time ( as bristoli doubtlesse might and would have beene ) and held out a full moneths siege or more , as bristoll might have done : though he the said colonell to add to his former offence , and hinder or anticipate the relief of glocester , that it might be lost as bristoll was , gave out in speeches to some members of the house of commons and others , and namely to master samuel browne , and master iohn sedgwick , that he would lose his head , or be hanged , if glocester could or would hold out three dayes siege , if the enemy once came before it , or words to the like effect . item , that the said city and castle were so cowardly and unworthily delivered up to the enemies , that they have since published in * print , and given out in speeches , that the said colonell fiennes did bestow the same upon his majesty , that they were delivered up to them beyond their expectation , and that they could not have taken the same had it been defended by the governour , who eventually at least if not intentionally , did but strongly fortifie , and plentifully store the same , with all manner of provisions to make it tenable , at the kingdoms and the countreys extraordinary expence , to render up the same to the enemies with greater advantage to them , and far more prejudice and dammage to the common-wealth , as soon as it was made defensible . clement walker . william prynne . the answer of col. nathaniel fiennes , to the articles exhibited by clement walker , and vvilliam prynne . . to the first article , colonell fiennes denieth , that he did suddenly apprehend , imprison , and remove from the government of the city and castle of bristoll , col. thomas essex the governour thereof , upon pretence that he intended to deliver up the same into the hands of the common enemies of the kingdom and parliament ; or upon any pretended cause whatsoever , or that col. thomas essex was ever governour of the said city or castle ; but doth acknowledge that soon after his comming to bristoll by an expresse a order from his excellency , written all with his owne hand , he did send unto him col. thomas essex , who at that time commanded a regiment in that city , and as hee is well assured that his excellency had very good cause to send that order to him , although he knew nothing before it came unto him ; so hee did not put it in execution , but upon mature deliberation and advice with b most of the wisest and best affected gentlemen to the parliament , and of the best quality in the towne and countrey , and upon good cause appearing unto him ; and that for the security and preservation of that city , which in all probabilities could not otherwise at that time have beene secured . and he doth further deny , that thereupon or at any time after , he did seek or desire the government of that city for himselfe : but on the contrary , that he did seek and endeavour to be freed from that employment , and that not in complement , but really , earnestly , frequently , as hee is ready to make good by proofe . and lastly he doth deny , that ever hee c undertook to the parliament , or my lord generall to d make good that city or castle ; or that ever he had anycharge of the castle as a fort , or otherwise then hee had of any church or house in the city : but on the contrary , that he did from time to time declare , that he could not keep that city in the condition it was , and that it would e certainly fall into the hands of the enemy , unlesse better provision were made for it , and that he would not be answerable for it , unlesse certaine propositions which he sent to the parliament , or something equivalent thereunto might be granted unto him , which he could never obtaine . and further the affirmeth , that he f never did undertake not to surrender the said city or castle , both or either of them without the previous consent and order of the parliament , or that the parliament ever did , or in g reason and justice could require any such undertaking of him , or that he did or ever would have undertaken it , all which hee is ready to make good by proofe . . to the second article , col. fiennes doth acknowledge , that not many dayes after his sending away col. essex , by the blessing of god upon his care and vigillance , h he discovered and defeated a wicked conspiracy plotted between divers inhabitants of the city of bristoll and some of the officers of col. essex his regiment , for the delivering up of that city into the hands of prince rupert , and other common enemies of the kingdom and parliament ; and thereupon apprehending and imprisoning divers of the conspirators , and thereby disappointing the design of the enemy , hee was a meanes under god at that time of preserving that city , for which he received publike thanks by a letter from both houses of parliament , which he hath to shew ; and after by vertue of a commission from his excellencie by order of both houses of parliament , he called a councell of warre , whereof himselfe was appointed president by the said commission , and by that councell of warre divers of the conspirators after due try all were condemned , and the sentence of death passed upon them , which sentence col. fiennss did forbeare to put in execution till such time as he had acquainted the house of parliament , and his excellencie therewith , and the grounds thereof ; and then by his excellencies command , according to a vote of the house of commons , hee did execute two of the principall conspiratours , ( viz. m. yeomans and m. butcher , ) notwithstanding the importunity and most earnest intercession of the mayor and aldermen , and divers of the city to the contrary , and the i threats and desperate speeches given out by the malignants , although it so happened at that time , that a k considerable strength was drawne forth of the town to the assistance of sir william waller , insomuch that some ill affected persons in the town conceived us so weak that the malignants were able to master us , had procured his majestie to send a trumpeter with a letter from himselfe to the city to stirre them up , and command them to rise and rescue the said conspirators , and to kill and stay all those that should oppose them therein ; yet for all this col. fiennes in obedience to the parliament , and his excellencie did put the sentence in execution , and that at midday and in the middle of the town ; in all which hee conceaveth that he discharged his duty faithfully , temperately and resolutely . . to the third article , he answereth , that notwithstanding , that without any or very little help at all by his own proper industry and uncessant travell and paines , hee endeavoured to fortifie and furnish that place in such sorth that it might bee in posture of defence , and that without l troubling the parliament at all ; hee had well nigh brought a line or rampire of earth round about the towne ; whereupon there were some small works or redouts , which in this charge are called forts and sconces : and that he had procured some proportion of powder , artillery , gunnes , granado's and other provisions , whereof hee found the town very much destitute , yet hee denyes that there ever was , or that hee ever did , or could raise a sufficient garrison to defend and maintaine that city against all the power of the enemy , that might or did come against it , for the space of three moneths or more , or for m three dayes , or that hee did n undertake or promise to any gentlemen or inhabitants of the same , to keep it for so long space , in case that they should be besieged . . to the fourth , he denieth , that he did deliver up the citie or castle of bristol , with all the armes therein ; or that hee did deliver the same up withall the prisoners , cannons ammunition , &c. o against the consent of the parliament , or his excellency their generall ; or that he did deliver them up * traiterously , cowardly , or dishonourably , or contrary to any former promise of his , or contrary to his trust or duty , to the extraordinary great danger , dishonour , lesse , or prejudice of the whole kingdome and parliament ; and the evill example of other governours , and townes , upon p dishonourable articles , to which hee was no wayes necessitated ; or , that hee had no care to see the articles agreed upon , punctually performed by the enemy , when complaint was made to him for reliefe , to the great prejudice and impoverishing of the inhabitants and garrison souldiers there : but on the contrary , is ready to justifie , that over and above his former good services , in q sending away col. essex without disorder or blood-shed , in discovering and preventing that wicked conspiracie , and preserving the city thereby , notwithstanding a proclamation set forth of purpose by the king , wherein hee offered pardon to all , both sculdiers , citizens , and others ( except himselfe ) within the city of bristoll , at that time in case they would peaceably yeeld up the said city : and over and above , his great paines and care to put the city in as good a posture of defence as possibly hee could ; and notwithstanding , he r never undertook to make good the city or castle , or either of them , declaring that he could not , nor would not undertake it ; and that also he could never obtain a sufficient garrison for the defence of that place for any considerable time , or moneys to maintaine it , or meanes to raise it ; yet hee did defend that town and castle to the s utmost point , not only of duty , but also of honour , that any souldier could , or ought to have maintained the same : and that he surrendred them upon good and honourable conditions in respect to the state hee was in : and that he did take all the care that any governour could or ought to doe , that they might bee punctually performed , and that the breaking of them was not any fault of his but principally by the failing and unfaithfulnesse of the enemy , and partly by the disobedience and disorder of some of his souldiers , all which hee is ready to justifie in every particular , notwithstanding that after the line or principall rampire of the town was entred , and the enemy lodged within it , he did surrender the town and castle , withall the prisoners , cannons , ammunition , artillery , millitary provisions , magazins , victuals , and part of the armes therein t before the enemy had taken any of the out-forts about the same , or had made the least assault or battery upon the walls of the city , ( which had none at all on that part against which the enemy then lay , nor at all defensible in any part on that side the town ) or upon the walls of the castle , or any mine or breach into any the forts thereof : all which ( nor the castle ) could not prevent , the enemy being lodged in the suburbs by froome-gate , from immediately entring the town by force . and neither could , nor u ought to have been kept in the condion that things then stood , to the prejudice of the city and garrison , and the surrender thereof upon termes of composition , but ought to have been surrendred together with it , as they were by the constant practice and pollicy of warre in all places , the principles of justice and honesty , and the rules of wisdome and discretion for the honour , profit and best advantage of the kingdome and parliament . . to the fifth article , he answereth , that hee did not of his owne head without the privity of any counsell of warre , send out for a parley with the enemy when the officers and souldiers advised and disswaded the contrary and would have repulsed the enemy , and defended the city to the uttermost : and that the surrendring of the town was not principally , or not at all could possibly be by his earnest perswation or advice , nor that it was by his advice nor cowardize , contrary to his trust and duty to keep the same : but on the contrary , hee was advised to the treaty by the farre major part , if not by the unanimous consent of his whole councell of warre , and of the * gentlemen there present , unlesse it were mr. strood ( who also to the remembrance of many present , was not heard to give any dissent when the question was put ; and all that he said , tended only to a deferring rather then a denyall of the treaty , without any good reason , that he either then did , or yet can give for his opinion ; and that by many expressions and other cleare evidences , it did at the time of the first proposition of the treaty appeare , that col. fiennes had for his principall cyme therein , the w honour and advantage of those by whom he was intrusted ; and hee doth deny that when the councell of warre unanimously voted upon the parly , that it was neither safe nor honourable for them to depart the town , unlesse they might march thence with halfe their armes at least , and their colours , did thereupon offer some private conference with col. gerrad one of the enemies commissioners in the garden without the privity , and contrary to the vote of the said councell , make and insert the said article , that they should leave all their cannons , and ammunition , with their armes and colours behinde them , and returning to them out of the garden , told them plainly , that they should now deliver up all to the enemy , or that it was expressed in the articles he then produced , that they should leave their arms & colours behind them , to the said councels and souldiers great discontent : but on the contrary , he doth affirme , and will justifie , that he bid the souldiers make conditions for themselves , the gentlemen of the countrey for themselves , and the citizens for themselves , which was done accordingly : and after , whenupon the treaty , the gentlemen of the countrey , and citizens were satisfied with their demands ; colonell fiennes was the first and the chiefe , if not the only man that took exception at the condition for the souldiers ; the commissioners of the enemy standing upon it , that they would allow only the officers their horses and armes ; and he on the other side standing as peremptorily for all their horses , armes , and colours : whereupon he was about to break off the parley , and the commissioners of the enemy ready to return to the army , but by the earnest perswasion of the * mayor and citizens , the commissioners of the enemy were perswaded to walk into the garden , and to leave us at the councell of warre to debate amongst our selves concerning that point of the armes and collours : whereupon col. fiennes stood very stifly , till at length he was perswaded by the councell of warre to rest satisfied with halfe armes , and our colours , if we could obtaine them ; whereunto col. fiennes expressed a great deale of resolution to adhere , and he had done it to the end , had the souldiers upon their guards done their parts as well as hee did , but returning into the garden with this resolution , many of his officers following him , and it being free for any to enter , openly and before the mayor and divers of his officers , hee began to insist upon his former propositions for all his armes and colours ; whereupon they yeelded that our troopers should have their horses and swords , and then col. fiennes descended to the propositions of half armes and our colours , but being not able to obtaine it , hee yeelded so farre to the entreaty of the mayor and citizens , that hee would not break upon that point of his own head without the advice of his officers ; and thereupon withdrawing into a room , with all his officers that were there present , he debated the matter a good while with them , and could not bee brought to yeeld thereunto , till six or seven of his officers came out of the town and told him , that they could not get six men a piece of their companies together , and that they ran was fast over the key to the enemy : whereupon although with much reluctancy he content to yeeld to that condition , for fear of putting our selves into a farre worse condition ; and after calling in the commissioners of the enemy , we fell to set down all the articles in writing , there being liberty left to any man to take his exception upon the penning of them : at which time captain birch comming in , & desiring a more cleare expression for the citizens and inhabitants to have liberty to carry away their estates , which col. gerrard bogling at , col. fynnes rose up , and with great earnestnesse protested , that he would x rather die then not provide for his friends and their estates as well citizens as souldiers : whereupon col. gerrard consented to it , and it was further expressed , that they should have three dayes liberty to resolve , whether they would stay or depart with their goods ; and the last article was no new article inserted at the latter end , but only a cleere expression of what was before agreed upon and fully conteyned in the first article , as by the article it selfe doth appeare . and lastly , col. fiennes doth deny , that hee was so over-hasty to surrender up the town and castle , that he delivered them up to the enemy one houre or more before the time agreed , or that he suffered the enemy to enter and possesse them before the souldiers were marched out . but on the contrary , that he gave order to all his officers that came to him for orders , to keepe their souldiers upon their guards , untill one houre before we were to march out of the town ; at which time having given order to his captaine lieutenant stokes with his company to stay in the castle , and to keep it till prince rupert sent to demand it , and then to deliver it up unto him according to the articles , hee gave order to the rest of his officers to draw their men into the marsh , whether he did repaire unto them , and about nine of the clock marched out with the greatest part of them to the gate which leadeth to warminster , where hee stayed within the town for an houre or two after : but the enemy did enter the town y contrary to their faith , and the articles agreed upon an houre or more before nine of the clock , about the time that wee were drawing off to a randevous , and fell upon our men , disarming , dismounting and pillaging them , by meanes whereof and by no fault of col. fiennes , many both souldiers and citizens were pillaged and plundered . . to the sixth , he acknowledgeth and owneth the clause mentioned to be in his printed relation , and that the enemy having entred in one place on wednesday morning the . of iuly , were valliantly repulsed in all places else with great losse ; but doth deny , that to his knowledge any women made any such offer as in the articles is expressed , or that he should have thought it a fit meanes to dead the cannon bullets , or that any such speeches were given out , or any such actions done by any inhabitants or souldiers to his knowledge , as that they brake their armes , and said they were betrayed ; or that he would have suffered them unpunished , if he had heard or known any such thing : and for the rest of the article he denyeth it in the whole , and in every part thereof ; and on the contray affirmeth , and is ready to prove , that during the whole siege , hee did bot by his words and actions encourage the souldiers and officers to doe their duty , thanking some , praysing others , stirring up others , sending them bread , wine , victualls , and giving them monyes , and promising them further rewards , but especially by his owne example , going constantly the round at all houres of the night , sometimes in the beginning of the night , and sometimes in the latter end thereof , and repairing upon all occasions to the places of most danger , and standing most usually with his troop in the place of greatest danger , and by all other wayes and meanes that could be expected from any governour . and he further affirmeth , that the place where the enemy entred , was not a likely place for the enemy to enter by was weakliest assaulted ; could not have bin better guarded without drawing forces from other places , which were in more apparent danger and more strongly assaulted , was more strongly guarded then some other places that were more strongly assaulted , and yet the enemy repulsed , and that the enemy might have beene in all probability repulsed there also , had the guards of foot or horse that were to second them done their dutie , as well as they did elsewhere , or had * colonell stephens or his major sent downe some foot together with the governours troop when they went to charge the enemy , out of the men that were under their command upon the next adjoyning guards , which they might and ought to have done , and could only well doe it . and he further affirmes , that when the enemy first entred they were at the least two hundred ; that soone after they dug downe the rampiert of earth all flat for their horse and foot to enter , and that then imediately they possessed themselves of walls , houses , essex fort , and other places of advantage , z that within one houres space at the furthest , after the entry of the first , there entred at least foot more , and a regiment of horse with ordinance , and after both horse and foot entred as fast as they could , that col. fiennes so soone we as had notice of the entry of the enemy at that place , made all the hast he could to repaire thither , but that before hee got thether , his men were come † off the lines for halfe a mile together , and his own troop ( unto which he was going up ) beaten off also : that afterwards both by his commands and his own person , he used the best , the safest , the speediest , and the most effectuall meanes that any then could , or yet can shew for the securing of the city , the safe-guard of his souldiers , and for the repulsing of the enemy , but divers of his souldiers did disobey , and other of his souldiers and commanders did refuse to yeeld ready obedience to his commands , especially * major lewes to whom he was constrained to send an order upon paine of death to yeeld obedience before hee would doe it , and by his and others disobedience , the service was hindred and retarded , that a sally could not bee made so seasonably as otherwise it might have been , and with better successe then it was , although when it was made , it was performed with such resolution that it gave a stop to the enemy , who otherwise had in all probability entred the rest of the town by force , being already possest of two of the greatest workes thereof ; and col. fiennes did not cause any parley to be sounded till such time as his men were beaten back again with fresh regiments of foot and horse brought down upon them , but was still ready to have seconded them with his own company , had there been † any hopes to have beaten them off , and till such time as goind round the town with his lievtenant colonell , hee spake with great earnestnesse to all his officers that he could meet to get their men to their colours againe ; commanding them to repaire to the marsh , and that there should be victuals , and twelve pence a man given them , which accordingly was given to as many as came together , but could * never get together , or to their guards , two hundred , of tenne or twelve hundred of the men that were on that side the town : whereupon by the advice of his councell of warre , he sent forth a parley ; all which hee is ready to prove . to the seventh , he answereth , that notwithstanding he declared that he could not keep the town with the force he had in it , yet hee denyeth that he had a reall intention to deliver up the same to the enemy before ever it was besieged by them , or that hee had no thought at all to defend it to the uttermost , or till it might be relieved by his excellency , or that he refused to send the prisoners formerly taken out of the castle before the enemy approched , or that he commanded mr hasard the mr gunner , to lay aside a reserve of thirty barrels of powder with a purpose to retreat when he was reduced thereunto , or that he moved sir william waller to depart from bristoll , or that sir william waller would otherwise a dventured his life in its defence ; or that it doth appeare by any of the premised articles , or any speeches of his concerning the prisoners , or a reserve of powder , or sir william wallers departure from bristoll , or any other speeches of his , that he had not a reall intention to keep the towne and castle to the uttermost , that in honour , wisdome , and faithfulnesse , unto those by whom he was intrusted he ought to have done : but that the contrary doth appeare by very many deeds and speeches of his , and by those very particulars instanced in , so far , and in such a manner as they were spoken and done by him . and he further affirmeth that he did often move sir william waller to free him from the care and danger of so many prisoners , but could never obtaine it ; but when he thought neither towne nor castle safe enough to keep them , he spake to him to send them away to a place of more safety , but neither shewed him the meanes how to doe it , nor offered to take any of the most considerable with him , although he had an absolute command over them at all times , whensoever he pleased to signifie his pleasure concerning the discharge or disposall of them , as he did discharge major-generall bret , and divers others ( whereof some led on those that assaulted us at bristoll . ) that colonell fiennes spoke to sir arthur hasterigge , when he took leave of him , to take some of the prisoners away with him in the ship , but he refused it : that he spake to captaine birch ( who seemed forward to undertake such a matter ) to see if he could find means to send them away speedily and safely by sea , and that he would contribute his best assistance thereunto , but he also gave it over : that he commanded hazard the master gunner , when the enemy was approaching the towne , to lay apart a reserve of thirty barrels of powder , and to keep it private , that every man might be carefull to husband that which appeared , and to make no waste thereof ; and that in case he was forced to retreat into the castle before he came to treaty , he might have wherewith to defend himself : but mr hazard did so over-doe his command , that though afterward at severall times he commanded him to give a perfect account of all his ammunition to his brother colonell john fiennes , who was to have the chief care thereof over him , yet he did a conceale from him this reserve ; insomuch that when colonell john fiennes was required to declare at the councell of war , what store of ammunition was left , he informed us that he had taken a particular account thereof , and that there was not above three or foure hundred waight of match , and between and barrels of powder ( as indeed he knew of no more ; ) and that they were spending of that too : whereby ( as by like speeches of the master-gunner to the like purpose b colonell fiennes did beleeve he had broken up his reserve , and that he was spending of that also , and that there was not above twenty barrells of powder left , and did not c certainly know the contrary , till such time as he was come to london , and had particularly informed himself by mr hazard of the truth ; and that the enemy knew not of more powder in the castle then d twenty barrells for divers weeks after the surrender of the towne , he is * able to prove . and lastly , he doth affirm , that sir william waller was so far from needing to be stirred up to depart the towne , that on friday , the day after he came to bristoll , commanding some of his officers to draw forth some of their men into the marsh , and they conceiving that it would not be possible to doe it till the next morning , he replied , that then it might be too late : and the next day drawing them out upon durdam downe , where colonell fiennes there asked , in case the enemy should advance towards bristoll , how he would dispose of himselfe and his horse ; he answered , that he must retreat : and it is evident in many respects , that it was necessary for him to draw out of the towne ; for it is most likely , that had he not done it , the town would have been left a sooner then it was , and the dishonour and losse of the state been greater ; and that if he had when he first came to bristoll followed the advice given him by colonell fiennes and his officers , or done according as he promised colonell fiennes when he took his leave of him , he would have done better service , both for the preservation of that city , and the rest of england , then by the course he tooke : all which he is ready to prove and justifie . to the eighth article , he doth deny that there were barrells of powder in the castle when it was surrendred , or that he did promise to any inhabitant of the city to defend the same , but in case he was forced to retreat into it ; nor any longer then he thought fit , for the honour and best advantage of them by whom he was intrusted ; or that there was in it all manner of provision and victuals sufficient to maintaine one thousand men for three moneths space ; or that he delivered up the keyes of the castle before the houre agreed on in the article ; or that by reason thereof many inhabitants of the city , or any other person whatsoever , had their estates which they brought into the castle seized upon : but on the contrary he affirmeth , that there were but a fifty barrels in the castle when it was surrendred , and that was thirty more then either * he or his councell of warre knew of before they came to london ; and that therewith he was lesse able to defend the towne foure dayes , or the castle dayes , then glocester might with the like proportion be defended dayes : that there were about eleven cannons mounted in and about the castle , and that there was need of more , to supply the many defects and universall weaknesse thereof ; but that there was never an one amongst them all , or in the towne , fit for battery , or to hinder the approach of the enemy in any effectuall way ; but he had sent to london for three to that purpose , and that they were at hand , but not yet come to him : that although he had * no charge of the castle , more then of any house in the towne , nor was obliged to hold it further then he judged it for the good of the publike , yet he did resolve to make use of it for the advantage of the state , and of their friends and souldiers ; as also he did , by making the termes of composition the better by the countenance thereof , which was the best use he could make of it in that condition he was in , and would have beene as ready to have done it by the defence thereof , if he had beene forced thereunto , or that it had been fit in wisdome and justice to have taken this course , as if succours had been at hand , and in some other cases , it might have been : and for this , and divers * other reasons , he did take some pains , and was at some cost , for the strengthning of it , and furnishing of it with great and small shot , and granado's , and provision of victuals , and other necessaries , whereof what was the quantity of each sort he is a uncertain , but is certain that none was imployed but where there was occasion , nor should have been spared if there had beene occasion to use them : but doth affirme that he never gave order to the commissary of victualls , to make provision of victualls for more then one thousand men for a moneth , wherein he aimed at a double proportion to what he thought he should have need of ; or that he ever hoped to keep the castle for more then a * fortnight , on three weeks at the sarthest : that he was content , for divers good reasons , to suffer the best affected persons to carry into the castle some of their principall goods , but was very angry when he saw them offer to carry in their lumber , and straitly forbad it : that speciall article was made for them that carried in their goods , that they might have free liberty to carry them out at leisure : that the citizens themselves being divers of them upon the guard in the castle , that had their goods there , made such haste to get them out on thursday morning , that leaving their guards , and major wood and others that had charge of the souldiers in the castle , suffering their souldiers to goe from their guards without and against order , the passage into the castle was so thronged , that none could passe in nor out , and by that meanes some of the prisoners got loose in the castle , and grew disorderly , and some of the enemies c got in before the time ; but colonell fiennes comming thither , and seeing this disorder , with his sword in his hand beat back the people that thronged the draw-bridge , drew up the bridge , and got some of his souldiers to their guards again , put their armes into their hands , and had drawne all his souldiers into it , had he not received newes while he was doing this , that the enemy was broken into the towne , contrary to the articles , and were dismounting , d●sarming , and pillaging our men : whereupon he gave order unto his captain lievtenant stokes , to keep the castle with his company , and to deliver it up to prince rupert when he sent to demand it , and was forced himselfe to goe into the marsh with captain teringham , one of the enemies hostages , with him , for the safeguard of his souldiers , both horse and foot , and of his friends in the towne , as is expressed in answer to the fifth article . and lastly , he doth affirme , and will justifie , that the castle was in no sort tenable , neither in respect of the strength thereof , or of the * provision wherewith it was furnished , for one quarter of the space , wherein possibly he could have had succours , nor for halfe the quarter of the time where in possibility he could have expected them : and that d if it had been tenable , yet neither by the constant practice or maximes of war in all places , nor by the rules of honesty or christianity , that he ought to have held the same ; or that it had been for the honour and advantage of those by whom he was intrusted so to have done ; and therefore ought to surrender it together with the towne , without disputing it at all , as he did . to the ninth , he denieth that he hath done any dishonourable action , or that he hath said or done any thing amisse , or unduly , or untruly , in the justification which he made of the surrender of the city and castle of bristoll in the honourable house of commons , or any other wayes . and the rest of the article he denieth in the whole , and in every part thereof ; and doth affirmt , and doubteth not but to make appeare to any that are verst in military affaires , that without detracting any thing from the worthy governour , who did as much as the enemy put him to , and as honourably as any man could doe , that he had a harder taske to hold bristoll in the condition it was in , and in the manner that it was assaulted , foure dayes , then colonell massie had to defend glocester four weeks : and that he was so farre from declaring that glocester could not hold out three dayes , that he often declared , that if they had ammunition enough , they might doe well enough , and hold out till reliefe came to them ; but oft he feared they might be strained therein , as having good cause to know it , for had he not supplied them with barrels of powder , and had they not had two or three more out of barckly castle , which he sent thither but a week or two before , the towne had been lost for want of powder ; and in this respect he desired those whom it concerned , to relieve them , not to be too confident of their holding out , and to hasten reliefe unto them , so far was he from desiring to hinder reliefe to be sent unto them , that it might be lost as bristoll was . to the tenth he answereth , that it is an article without a charge , an argument without a proofe ; for that the testimony of the enemy can make nothing against him , it being their parts to * dishonour and disgrace their enemies as much as they can ; but the testimony of an enemy , though it be of no validity against him , yet it is strong for him : and as he doth deny , that those that are souldiers on the enemies side have any such sense of the action , so he doth affirme that they had and have expressed the contrary . this is a true compared copy of colonell fiennes answer to the articles , which the prosecutors copied out of the originall at saint albans by degrees , as they had leisure . which answer is so full of untruths , absurdities , contradictions , evasions , paradoxes , and apparent discoveries both of negligence , treachery , cowardize , in the surrender of bristoll , as it alone ( without further evidence ) had been sufficient to condemne him . article i. the articles and this answer to them being read , the prosecutors ( to expedite the triall ) proceeded presently to the proofe of their articles , before any copy of the answer taken by them : and whereas they conceived the defendant would have been so ingenuous as to have granted the three first articles , being but introductive to the impeachment , and so apparent , that impudency it self would blush at their deniall , yet this brave self-fencer , to spin out time , and display his want of ingenuity , assumed so much boldnesse as to deny the first article ; and thereupon unexpectedly put the prosecutors to an extemporary proofe of that which all the world knew , and himselfe onely most shamefully ( even against his knowledge and conscience ) denied , to the admiration of all the councell , and others present . first , he denied that col. essex was ever governour of bristoll . secondly , that he ever removed or sent colonell essex thence . thirdly , that himself was ever governour of bristoll . and then bid master prynne prove these particulars ere he proceeded further . master prynne thereupon replyed , that he much admired how a man of his birth and breeding should so much forget himselfe , as to deny that in private before the councell , which himselfe had not onely confessed , but professed before the house of commons ( the representative body of the realme , ) the city of bristoll , and published in print to all the world in publike : but since he denied these particulars , he would easily make them good against him . for the first , it is cleare that colonell essex was both acknowledged and stiled governour of bristoll , by the parliament , his excellency , the committees of somerset-shire , glocester-shire , wilt-shire , the citizens and garrison of bristoll , and all the gentlemen of those parts , and by colonell fiennes himselfe at his first comming to bristoll , who gave him the title of governour . secondly , that the made out his warrants , commands , and ordered all things for the cities defence and fortification , as governour , having the command in chiefe of the citie , castle , forces there , as absolutely as any governour whatsoever . thirdly , that in the booke , intituled , a full declaration of colonell fiennes his march to , and proceedings at bristoll , compiled and published by himselfe , or his major langrish with his approbation , pag . . , to . colonell essex is both acknowledged and stiled governour of bristoll , and that by himselfe in his owne printed letter to his father to justifie his removall , and the depositions which he took and published against him , attest him to be governour : therefore he must even blush to deny all these pregnant evidences , and to put us thus to prove that only now , which he ever confessed before . whereupon colonell fiennes much appalled , said in a shuffling manner , i confesse he was a governour de facto , but not de jure . to which mr prynne replied , first , that he was sent thither , and placed there , by his excellencies speciall command , and the parliaments approbation ; therefore he was as much governour de jure as himselfe or any other . secondly , that he was obeyed as a rightfull governour till he sent him thence , and so esteemed by the parliament , his excellency , the garrison , city , and committee . thirdly , if he was not governour de jure , then all his commands and acts there done , during his government , were injurious , unwarrantable , which he presumed the defendant durst not affirme . then he replyed , that colonell essex had no commission , and therefore was no rightfull governour . to which mr prynne rejoined , first , that for ought he knew he had a commission . secondly , that 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 . , , . 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 . . pag. , , . 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. to . 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 . . and article . 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 of bristoll , was the foundation of the impeachment , which would fall to the ground if not fully proved , ) confessed at last , that he was governour of bristoll , all the councell exceedingly wondring , and seeming ashamed of him , that he denied it so stiffely , till thus necessitated to acknowledge it : yet forgetting himself , through feare or guiltinesse , he soon after denied againe twice or thrice over , that he was governour , till he was forced to a new confessor . being thus driven from these shamefull shifes , he next denied in the fourth place , that he was ever governour of the castle of bristoll , though he was of the towne . and ly that he had ever any commission to be governour of bristoll ; thinking to slip his neck from under the axe , then hanging over it , by these silly evasions . to the first whereof mr prynne replied , first , that he had the chiefe command of the castle , and none else . secondly , that he placed his owne brother , colonell iohn fienne , as commander in chiefe , and all other officers under him , in the castle . thirdly , that he onely gave order for the fortifying , victualing , garrisoning of it . fourthly , that he laid up the stores and magazines of the city there , disposed of all the lodgings in it , intending to make it the place of his last retreat : therefore certainly he was governour of it . fifthly , that though bristoll castle and the city were divided heretofore , the castle lying in glocestershire , and being no part of the citie , yet since queen annes entertainment at bristoll , king iames at her request gave and united the castle to the citie , making it part thereof , and so it continueth to this day : wherefore since he confesseth he was governour of the citie , he must necessarily be governour of the castle too , it being now parcell of the city , and having no other governour that had charge of it in chiefe but himselfe alone , and his brother under him . to this the defendant in the sixth place replied , that he had no charge of it as a fort , no more then of any one house in the city . to which mr prynne rejoined , first , that the castle was never reputed a house , but alwaies a fort , a castle , and a very strong one too ; therefore he must needs have the government of it as a fort , not as a house . secondly , himselfe esteemed it the strongest fort in and about the citie , bestowed much cost in fortifying it , laid up his magazines in it , kept a speciall garrison there , made it the place of his last retreat , promised to hold it out till the last if the city were taken , and to lay his owne bones there rather then yeeld it up ; therefore certainly he took charge of it as a fort , and must answer for surrendring it as a fort. vpon this col. fiennes replied , that the castle was not mentioned in his commission , and so he was not chargable with it as a fort. which mr prynne presently laying hold of , rejoined : first , my lords , we have now a cleare confession that colonell fiennes had a commission to be governour of bristoll , the fifth thing he even now denied . secondly , though the castle be not particularly named as a fort in his commission , yet this will not help him , for it is therein included as part of bristoll . this i shall undeniably evidence by a case or two : colonell fiennes by virtue of his commission hath built severall forts and sconces about bristoll , without , not within the cities limits , though adjoining to it , as we have done the like about london ; these forts are properly no part of the city , as the castle is , nor are they mentioned or inc'uded within his commission , being built for the most part since the commission granted ; yet no man will doubt but if colonell fiennes , or any other officer , had treacherously or cowardly delivered up any of these out forts to the enemy , though no part of the city , it had been treason in him , and he should have suffered for it : so had he in like manner yeelded up or betrayed any one house in the city or castle , were it fortified or not fortified , to the losse or hazzard of the city , it had been treason by the lawes of war , many cities and castles having been lost , betrayed by the losse or yeelding of one house or posterne ; much more then must he suffer for surrendring such a considerable fort as bristoll castle to the enemy , without any battery , assault , or necessity , though he found it not specified in his commission , which extends to the whole city , and so to every house , fort , and parcell of it , though not particularly mentioned in it . the colonell , thus forced from all these feeble shifts , with much disadvantage , retyred to this false postern to make an escape , that hee had no commission to be governour of bristol , and by consequence was not governour of it . to which mr prynne replied : first , that since hee undertook the charge of the town and castle , as governour , it mattered not much whether he had a commission or not ; for he writ , and carried himselfe as governour , even from the sending away of col. essex , till the surrender of the town and castle , which he surrendred as governour . secondly , that himselfe had formerly unawares confessed , that hee had a commission to be governour , and that he was stiled governour by langrish and others even in a print , before hee had his commission to bee governour . thirdly , he should prove hereafter , that himselfe sent one captaine bagnall twice up to london to procure not only a commission ; but an independent commission , from his excellency that so hee and his garrison might not bee subject to sir william wallers commands , ( which captaine bagnall afterwards attested upon oath , & that he spent sixteen pounds in these two journies , to obtain this commission , which the colonell out of his liberallity never yet paid him ) and the colonell himselfe confessed afterwards to the councell upon bagnals testimony , he sent for and received an independent commission ; that so he and his garrison souldiers might not bee liable to sir william wallers commands , as they formerly were . the colonell thus entangled and caught in his own snare , thought to help himselfe at a dead lift with an absurd distinction ; and hereupon told the councell , that he sent for this commission , not to guard the city against the enemy as governour of it , but only to keep his souldiers in order , who when they were commanded on any service grew mutinous , and would still be calling on him to see his commission : for which he gave an instance in col. pophams regiment ; who disobeyed him when they returned from the taking of sherborne : and this made him to send for a commission , only to order his souldiers , and keep them in obedience ; but he never had not sent for any commission to keep the town or castle . to which m. prynne replyed , that this was the most absurd , irrationall , if not unsoldierly distinction , that ever was heard of in the world , and that hee might bee ashamed to propound it before souldiers in such an honourable councell of warre as this : for what need was there either of a garrison or governour at bristoll , or of such a commission to keep his souldiers there in obedience and order , but only to preserve the city ? this was the only end why he and his garrison were there placed , maintained by the parliament and his excellency to keep the city , which else would have as well or better kept it selfe without them . secondly , that hee was confident his excellency never granted any such commission to any governour ( nor any other prince or generall in the world ) only to keep his garrison in order , but not to defend the garrisoned place , whereof hee was governour ; such an absurd commission was never yet heard of , nor such a nonsence distinction made by any souldier , and thereupon he desired the commission might bee produced , to the end it might appeare , whether it warranted this distiction , that it was only to discipline his souldiers , but not to hold the town against the enemy . thirdly , that their lordships now saw , the true reason why col. fiennes , so soone delivered up bristol to the enemy : he pleads , he had , ( or would have ) no commission to keep it , therefore it was he thus surrendred it up to the enemies almost as soone as they came before it : who doubtlesse would keep it better , defend it longer then he , though they wanted a commission for it . fourthly , that this pretended disobedience of col. pophams regiment was long after his commission received , and that upon this occasion : col. fiennes , and his cowardly plundring major langrish , would have taken from col. pophams regiment that little plunder they had gained at sherburn , with the hazard of their lives , at the countreys charge without any direction from fiennes , who sent them not on that service : which injurious avaritious act of his , they justly opposed by standing on their guard , and so kept that booty he would have carried from them into bristol castle . this occasion then being subsequent to his commission could not bee the ground of its procuring , but rather that which himselfe unawares confessed ; his desire of independency and exemption from sir william wallers commands . the colonell thus drive to the wall and worsted on every hand , used two pleas more for his last reserve ; first , that hee received his commission only upon this condition and with this intention , to keep his souldiers in order , but not to make good the town and castle : therefore he could be no further chargeable by it then as hee received it . to which mr prynne replyed : first , that every governour must receive his commission at his perill , as it is granted and intended by him that granted it , ( as tenants doe their leases , and donces in taile their lands ) and hath no power to annex any conditions thereunto : his commission then being absolute , to keep the town for the parliament , that being the sole use , and end thereof , his conditionall accepting of it being repugnant to it , was voyd and idle . secondly , that the a common and martiall law of the realme annex this condition to every governour and officer of trust , that he ought to discharge his trust and government , and keep that safe which is committed to his custody to his utmost power , though it bee not expressed in his commission ; and therefore it pretended conditionall acceptance , directly against his trust and government , was most ridiculous . secondly , he alledged , that he never sought after the governouship of bristoll , but really desired not to accept it , and to be acquitted from it : to which end hee produced and read divers letters of his own to the lord say his father , and one or two to his excellency , which took up neare two houres time in reading , and tyred all the councell , who with much patience heard them , all read , though mr prynne to husband time , excepted against them , as no evidence at all , nor sitting to be read : and in the reading of these letters , the colonell casually desired the councell to observe , that many of them were written before he had his commission for bristol , which was not till the first of may , . this mr prynne taking present hold of , desired their lordships in the first place to observe , his voluntary confession with a speciall nota , of that commission which at first he so obstinately denyed . to these letters read ( many of them being printed with his relation ) mr prynne gave these short answers : first , that all these letters were either his own or his fathers , and not above two or three of them proved true coppies , and that by mr sprig the lord say's secretary ; therefore no evidence at all to justifie or excuse him , himselfe and his own letters being no compotent witnesses in his own cause ; and his father but tests domesticus at the best , if present . secondly , that the substance of the chiefe letter to his excellency , was only a modest excuse of his own insufficiency for that charge ; a common complement in every ingenious mans mouth , that is preferred to any great place of trust : who in words at least pretends insufficiency for that place which he perchance desire : just like our bishops usuall answer , nole , nolo , to vis episcopari ? now used as a formality , for fashions sake only , even when they come to be consecrated ; when in truth they make all the friends and meanes they can to compasse that bishopprick , which for fashion sake ( out of a dissembling modesty ) they pretend , and twice together answer solemnly ( when demanded openly before the congregation ) that they desire by no meanes to accept of : therefore this letter of his can bee no proofe , that he was unwilling to undertake this government , since his subsequent acceptance and actions disprove this pretended refusall . thirdly , he observed , that in one of his letters dated the of april , he writ earnestly to his father , to procure and send him his commission : therefore he was so farre from refusing , that he sought the government , and sent captain bagnall twice to his excellency to procure his commission , as was after attested upon oath . fourthly , that by divers of his letters then read it clearly appeard , himselfe was the chiefe informer against col. essex , and the chiefe actor in his removall , to intrude himselfe into his place ; so that wee had now his own hand against his words and answer . fiftly , that the scope of all his letters was only to complain and cry out to the parliament for more moneys from london , or to get more authority to raise moneys in the countrey , to pay the garrison , without which moneys he writ , he could not long hold the town ; but there is not one clause in all the letters , that he wanted armes , ammunition , powder , men , provision , or that the town or castle was not tenable : if then he complained only of default of moneys , with which if hee were furnished , hee made no doubt of keeping the town ; and it is cleare he lost not the town for want of money ( for he hath not hetherto either in his printed relation , letters , or answer , affirmed , that hee surrendred the city or castle for want of money , ) then by his own confession , hee must surrender them either out of treachery or cowardize , they being tenable , and furnished will all other necessaries for a siege but money . sixthly , he observed that col fiennes did never refuse the place of governour , as he should have done had he been unwilling or unable to discharge it ; that his importunity to quit , it , in case he could get no money , was with no intent to leave the place , but only to hasten the supply of moneys , it being the argument and retorick of most other commanders in their letters to the parliament , to cry out for moneys , else all would soon be lost , and they must disband . seventhly , that hee took on him the power and place of a governour long before he had a commission , that hee drew and sent out ordinances to passe the house to enlarge his power and territories for twenty miles space round bristoll , and to settle himselfe in an absolute government there . that he both earnestly writ and sent up twice to his excellency for a commission by a speciall agent , that so he might be independant ; that hee accepted of the commission when it came , yet never acquanted the city or committee of parliament with it , doing all things in a high imperious manner for the most part , of his own head , without their privity or advise , that hee held his commission without surrendring it till hee surrendred the town and castle to the enemy , so unwilling was hee to depart with his governorship . from all which he concluded , it was apparent he was so farre from refusing , that he did ambitiously affect , if not injuriously usurp this government for his own private luchre , to the prejudice of the former governour , and irreparable dammage of the whole realm . in fine , col. fiennes desired mr prynne to prove : first , that he ever undertook to his excellency or the parliament to make good the city or castle , and not to surrender the same to the enemy without their consents : which hee thrice denyed in his answer . to which mr prynne answered : that the very law it selfe and common reason informes us , that every governour of a town , or fort is to make them good , and not to surrender them , to the enemy without the consent of those who committed their custody to them , else very governour might betray his trust at pleasure ; this therefore being a condition in law annexed to all governours and officers , and he confessing himselfe to be governour , ( and that by a commission which no doubt enjoyned him to make good and keep the place in manner aforesaid ) needs no other proofe at all ; the law resolves it , and therefore none must doubt or contradict it . with this debate the proofe of the first article was concluded . article . the second article was proved by his own printed proceedings mentioned in a full declaration , &c. p. . . . . by his answer to the article , and relation to the house of commons , p. . and mr prynne informing the councell , that he did not charge it criminally , being a lawfull action done by direction of parliament , but only by way of introduction and aggravation of the subsequent articles and crime in surrendring the town so treacherously and cowardly , after this his sentence against , and execution of those conspirators , it was passed over without further pressing . article . the third article being likewise introductive , to aggravate his offence in the , , & , articles , was briefly proved by his own printed relation , p. , , , . by his printed letter to his excellency , confessed in part in his answer , and to be further proved in proofe of the ensuing articles , was thereupon briefly runne over : and so the first dayes hearing ended , with great dishonour and disadvantage to the defendant , by reason of his denyall of those apparent known truths , he was enforced ( even with shame enough ) to confesse , which lost him much in the opinion of the councell , and many of his own friends . the second dayes hearing , together with the , , , , . spent wholly in the proofe and defence of the fourth article , to which most of the others in the reply and rejoynder were reduced . the three first introductive articles being runne over , the first day , the prosecutors , the next session , proceeded to the fourth , where the criminall and capitall charge of the impeachment began : which the defendant considering , used all the artifices that might be to shift off the proofes , if possible : to which end , he first demurred to the depositions taken upon oath against him , both before the judge advocate himselfe , and by sir william waller and col. carre by commission from his excellency ; alledging : first , that no paper deposition ought to allowed by the law , in cases of life and death , but the witnesses ought to be all present to testifie viva voce , else the testimony ought not to be received . secondly , that sir william waller was his enemy , and by confederary with the prosecutors had been the chiefest instrument of prosecuting this impeachment against him ; to which end he produced one major dowet a french man ( whom sir william waller had displaced , and so disgusted ) to attest , that master walkers reply to col. fiennes his relation , was shewed to sir william and his lady before it was printed , and that sir william had spoken to his officers to acquaint mr walker , with all such passages as they knew concerning col. fiennes , touching the siege and surrender of bristoll ; therefore he was neither a fit commissioner nor witnesse in this cause , nor yet any of his officers under him . thirdly , that hee had not joyned with the prosecutors in commission , neither had he notice thereof , that so he might crosse-examine the witnesses ; therefore for these reasons , he desired , that all our paper depositions might be suppressed and not given in evidence against him . to the first of these objections , mr prynne returned this answer : first , that himselfe had formerly used this kinde of proceeding in the case of col. essex , against whom he had not only taken , but printed divers paper testimonies in things which might have proved capitall if the proofe had been full . that himselfe in this very case had sued forth a commission to examine witnesses on his behalf , without our privity , before we took forth any commission , who did but imitate him therein , and that by the iudge , advocates own advise , who directed us to this course , which hee affirmed to be both legall and usuall : that in the civill-law ( especially in courts martiall ) tryalls were as usuall testimoniis , as testibus viva voce : that in the admirality , ( a civill law court ) as likewise in the chancery , star-chamber and english courts , formed after the civill law , they proceed usually by way of deposition : that even at the common law in some cases , depositions taken before the coroner , and examinations upon oath before the chiefe iustice , or other iustices , are usually given in evidence even in capitall crime : that the high court of parliament hath upon just occasion allowed of paper-depositions in such cases : that in all courts martiall , both in england and elsewhere , they have been constantly allowed , and particularly in the late famous case of tomkins , chaloner , and other london . conspirators , whose examinations were read , and given in as evidence one against the other ; upon which they were condemned and executed . besides , there was both very great reason and necessity that such depositions should be admitted in this case , and in all martiall proceedings of this nature , because divers of our materiall witnesses , being officers or souldiers now in actuall service , and dispersed upon severall occasions into divers brigades , and parts of the kingdome remote from saint albans , could not without great danger , dis-service to the state , inconvenience to themselves , and excessive costs to us , ( who had lost our estates , and prosecuted onely for the publike on our owne expences ) be drawn together personally to attend this triall , which had been so frequently adjourned , not onely from week to week , but place to place : that we severall times petitioned both the commons house and his excellencie , that the councell appointed for this tryall might be held at a certaine day and place , within london or westminster , before our witnesses were dispersed , and where we could with lesse trouble and expence to our selves and them , have produced all or most of them viva voce ; but yet we could not ( through the defendants procurement , as we conceive ) obtaine this reasonable request : therefore himselfe being both the cause and president of these our depositions , and of removing the triall to this place , for our greater incommodation and expence , ought not to take advantage of his owne wrong , against a maxime of law , the constant practice of the court martiall , and his owne leading example , which we did but imitate . which point the councell ( causing us to withdraw ) did upon solemne debate among themselves clearly over-rule against the defendant , upon the premised reasons . to the second exception , concerning sir william waller , mr prynne most solemnly protested for himselfe to the councell , that it was a most false and malitious slander ; that neither sir william waller , nor his ladie , nor any other in their behalfe , did ever directly or indirectly excite , advise , or encourage him in this prosecution ; that the delinquent himself was the onely man who unadvisedly put himselfe upon this triall , as appeares most evidently to all the world by the close of his printed relation in the parliament house , where pag. . he desires the house of commons , that they would be pleased to let the truth of what he had then affirmed to them ( concerning the surrender of bristol ) be examined at a councell of warre , that so he might be cleared or condemned as they should finde the truth of falshood of what he had delivered ; by his and his officers petition to his excellencie , and his excellencies proclamation upon their petition , posted up at westminster and the exchange , wherein he summoned mr walker and mr prynne by name , in the most publike manner that might be , and after that by private notes , and sundry other publike adjournments , to be his prosecutors : which thanklesse office he was not altogether unwilling to undertake , when thus openly engaged by the defendant , not out of any private malice to the delinquent , whom he formerly honoured , and to whom he never bore any particular spleen , having never received the least injury from him ; much lesse out of any degenerous respects , instrumentally to wrecke the private malice or revenge of any others upon him , ( it being below his spirit , and most averse to this genius , his conscience , to be subservient or instrumentall to any mans malice or revenge whatsoever , ) but meerly out of a reall desire to doe his countrey faithfull service , and vindicate the truth of this unworthy state-ruining action , under which the whole kingdome now lay languishing , from those false disguises which the defendant in sundry printed papers had obtruded on the world , to salve his owne irreparable dishonour . the prosecution therefore proceeding thus meerly from himselfe , as all the premises infallibly demonstrate , he had laid a most scandalous imputation upon sir william waller ( a noble well deserving gentleman then absent , ) and on himself , in the forementioned exception , for which he demanded justice against him from that honourable councell , unlesse he could make good this calumny , for which he was most certaine the defendant had not the least shadow of proofe , the testimony of dowet ( the ground of this aspersion ) referring not to him , but onely to mr walkers relation , published long before any impeachment of , or prosecution against the defendant : which charge mr walker himselfe there present , was ready to answer as to that particular . hereupon mr walker informed the councell , that he acknowledged in the epistle to his answer to the defendants relation , that it was but a collection out of the severall reports of divers gentlemen and commanders in that service , before and whom bristoll was besieged : which when he had drawn up , having occasion to goe to southampton , he left it in the hand of a friend , desiring him to show it to whomsoever he should think fit , ( and especially to those gentlemen out of whose mouths he compiled it ) to see if he had hit their sense aright ; and that this party ( as hee was since informed ) shewed it to sir william waller . he said further , that the written copy was shewed to the defendant himselfe , and therefore he doth not wonder if it were shewed to sir william waller : and that sir williams objected speaking to his officers , onely to declare what they knew touching that businesse , with reference simply to his answer , could not be intended either malice , or combination , or prosecution of this impeachment , not then so much as though of ; nor any prejudice to the truth , since no man can know a falshood , because it is a non-entity , and can be no object of mans knowledge : that therefore this could be no just exception to sir william as a commissioner , the rather , because colonell carre ( a man indifferent ) was joyned with him ; much lesse any legall exception to any officers or souldiers testimony then under his command , who did but testifie what they knew for truth . besides , mr prynne added , that colonell fiennes himselfe had examined divers of sir william wallers officers by commission , before we examined any of them , and some of those whom we examined ; and why we should be deprived of the benefit of their examinations for the kingdomes advantage , when himselfe had examined them onely for his private defence , there could be neither reason nor equity alledged , it being a meere artifice , to deprive us of our most materiall witnesses , and to suffocate the truth . to the third , of his wanting notice to joine in commission , and crosse examine our witnesses , mr prynne answered , first , that himselfe had begun the president , in taking forth severall commissions to sir william wallers , and the earle of manchesters army , to examine witnesses there , without our privity or consent , who neither had any the least notice of the commissions to join in them , nor of any the witnesses names , till the hearing , nor had not , nor could not crosse examine them , nor ever yet saw their depositions : and why our depositions , being prosecutors , should not be admitted as well as his , being not taken so publikely before the iudge advocate , as most of ours were , he saw no reason . secondly , that we could not enforce col. fiennes to crosse-examine any witnesses , or to joine with us in their examination ; therefore if he neglected to doe it , or went before us in his commissions , as he did , by virtue of which he might have examined all our witnesses if he would , before we had taken their testimonies against him , the default was his , not ours . that we left all our depositions , and the witnesses names with the iudge advocate , to whom he oft repaired , and from whom he might have received the catalogue of them , to crosse examine them , if he pleased ; which since he neglected to doe , after so many adjournments , and taking no exceptions till now he came before the councell , of purpose to evade his triall , and to clude both them , us , the parliament , and people , whose eyes are on the issue of this businesse , there was no reason to allow these frivolous exceptions : all which the councell , upon short debate , over-ruled against the defendant , resolving , that the testimonies ought to be used , unlesse some particular just exception could be alledged against any of them . these obstacles , by which the defendant though to have shifted off his triall , being removed , mr prynne then proceeded to prove the fourth article , which he did , first , by the defendants owne answer thereunto , wherein he doth confesse the whole article in substance ; yea , more then it chargeth him withall , as namely , first , that he never undertook to make good the city or castle , or either of them , against the enemy , declaring that he would not , nor could not undertake it : which is in plaine english as much as to confesse , that he had never any thought or resolution to hold them out to the utmost extremity , as he ought to have done in honour , and duty ; but a professed purpose to surrender them to the enemies , traiterously or cowardly , as soon almost as they came before it . secondly , that soone after the enemy entred the line ( with a very inconsiderable number , not above at first , and three or foure hundred in all at last , as the witnesses attest ) he had surrender the towne and castle , with all the prisoners , cannons , ammunition , artillery , military provisions , magazines , victuals , and part of the armes , ( all but the horse-mens swords , most of which were likewise taken from them ere they departed the towne ) before the enemy had taken any of the out-forts about the same , or had made the least assault or battery upon the walls of the city , or of the castle , or any myne or breach into the chiefe fort thereof , ( and that before the towne had been three whole dayes besieged , which he denieth not , and therefore granteth by his answer : ) which whether it were not a most cleare contession and demonstration of a treacherous and cowardly surrender in the superlative degree , he humbly submitted to the honourable councels judgement , and the determination of all men endued with common reason and yet the defendant hath the confidence , in the same branch of his answer , to deny that he did deliver them up traiterously , cowardly , or dishonourably or contrary to his former promises , ( to dispute every inch of the town , from the line to the city-gates , and from thence to the castle-walls , which he would defend to the utmost , and there lay his bones if he could not keep it , and make his flag of truce his winding-sheet , proved by * divers winesses , ) or contrary to his trust and dutie : and the impudence to affirme , that he did defend the towne and castle to the utmost point , not onely of dutie , but also of honour , that any souldier could or might have maintained the same : which whether it were not the greatest pardox and contradiction , that any military man in his right senses durst ever affirm before a councell of experienced , valiant commanders , he referred to the resolution of all there present . thirdly , he confesseth , that though neither any of the out-works were taken , nor the town wals once battred or assaulted , when the enemy entred the line , yet as things then stood ( in reference to the governours knowne valour and fidelity ) neither the forts , nor castle , ought to have been kept , to the prejudice of the city and garrison , ( the prejudice of the whole kingdome , which hath felt the smart of it , is cautiously here omitted : ) but ought to have been surrendred together with the city , as they were , by the constant practice and policie of war in all places , the prniciples of justice and honestie , and the rules of wisdome and discretion ( all of this grand souldiers owne making , but none others : ) and he further addes in the clause of his answer to the eighth article , that he doth affirme and will justifie , that if the castle had been tenable ( mark it ) yet neither by the constant practice and maximes of war in all places , nor by the rules of honestie and christianity , he ought to have held the same . a riddle , which mr prynne professed transcended the limits of his understanding to enucleate , if no● of all mens else , but the defendants ; and a passage which carried treachery and cowardice engraven with capitals in its very front , proclaiming openly to all men , that had the out-sorts and castle been never so strong and tenable against the enemy , yet he was so far from resolving to keep them for the kingdoms and parliaments security , that he professeth , he ought not to have held the same , neither by the constant practice and policie of war , nor rules of piety or christianity ( prescribed him by dr ferne , no doubt , in his resolving of conscience ) but ought to have surrendred the same with the towne . certainly this gentleman was either resolved to lose his head when he penned this answer , or else intoxicated with the panick feare that surprised him at bristoll , ( which hath made his pen and brains to stagger ever since ) else he durst not put in such an answer in writing to this impeachment . fourthly , he saith , that this surrender of the city , castle , forts , with all the ammunition , cannon , magazines , armes , ( but troopers swords , ) prisoners , ships , and his very colours , before any out-fort taken , or battery made against city or castle , was upon good and honourable conditions ( he certainly meanes ito●●ely in reference to prince rupert and the enemies ) in respect to the estate hee ( not the kingdome ) was in : i think he meanes himselfe was in an ill condition , should the kings forces have forcibly taken him prisoner , for that the king had excepted him out of the pardon mentioned in his answer to the third artcle : and therefore out of base feare and self-respects he would rather redeeme his head , and buy his peace with the voluntary surrender of a place of such consequence to his majesty , then hazzard his life in defending it to the utmost . and withall he addes , that this surrender was for the honour , profit , and best advantage of the kingdome , and parliament , by whom he was intrusted : which when he shall be able to demonstrate , or make the parliament and kingdome beleeve , i shall professe this honourable councell may in justice acquit him ; till then ( i hope ) you cannot but condemn him , even out of these severall passages of his own answer , and divers others of this nature , over-tedious to recite . secondly , from his answer i shall descend to our proofs , which extend to all the ensuing articles as well as this : where we proved by the depositions of our witnesses hereafter printed , first , that the defendant wanted neither men nor ammunition , nor any manner of provision , to defend the city and castle against the enemy : not men , for he had neare foot and horse , beside voluntiers , to defend the town ; and he might have raised at least or able men more in the city , if he had wanted men , which were as many , or more , as besieged it . proved by the depositions of colonell stevens , anthonie gale , arthur williams , able kelly , iames powell , and others . secondly , that they wanted not ammunition , for we proved there were ( nay double ) barrels of powder in the castle , with match and bullet proportionable , besides what was in the city and forts , and might have been made weekly in the towne , if held out against the enemy , and that by the depositions of mr edward bainton , ( attested afterwards by captain bushell himselfe to divers of the councell of war at saint albans ) arthur williams , ioan batten , major wood , and others : besides , himselfe confesseth in his relation barrels in the castle onely , when surrendred , mr hassard deposeth at least . thirdly , that they had all manner of provision both in the city and castle , for three months space or more , the particulars whereof will appeare in the depositions of nicholas cowling , able kelley , iames powell , dorothie hassard , marie smith , and others : that * himselfe and others deemed the city and castle strong and tenable ; that he promised to hold the same to the utmost ; to dispute every inch of ground with the enemy , to retire into the castle when he could hold the city no longer ; to lay his bones there rather then yeeld it , and make his flag of truce his winding-sheet . if then the place were so strong and tenable , and he wanted neither men , nor ammunition , nor victuals , to defend the city and castle , his surrender of them must of necessity be adjudged traiterly , or cowardly at least , if not both : for what else but treachery , or cowardice , or both conjoyned , could move him to this surrender , in lesse then three dayes siege , before utmost extremity , contrary to the lawes and ordinances of war , when as he wanted nothing necessary for a brave defence . secondly , we proved that the towne and castle were not besieged three whole dayes ; for the siege it selfe began but the monday morning , and the articles of surrender were agreed on before wednesday night , and the surrender executed before of clock the thursday morning : as col. stephens , col. strode , abbe kelley , and others testifie . thirdly , that the enemies were generally repulsed on all quarters of the city , with extraordinary great losse of men , neare of them being slaine , and as many wounded , with the losse only of six or eight of our men : and that but of them , or at most , entred the line the wednesday morning before sunne rising ( neare three of the clock ) and were so afraid of being cut off , that they gave themselves all for dead men , and might have easily been cut off , none of their owne party knowing of their entrie till two houres after they entred , nor sending them any reliefe : attested by arthur william , ioseph proud , iames coles , marie smith , serjeant william hill , stephen radford , michael sparks , and others : fourthly , that major langrish and his horse troops , which had the guard of that place , and two other captains of horse under him , never once offered to charge the enemy , whom they might easily have cut off , but retired into the city without charging them : that langrish ( very intimate with the defendant ) had been formerly complained of to him , by lievtenant clifton , col. stephens , and others , for his extraordinary cowardice and negligence , who desired he might be casheered to walk the street , as unfit for any charge , yet the defendant continued him in his place , and set him to guard that very weak place where the enemy was likeliest to enter . proved by ioan battin , col. popham , col. stephens , and captain nevill . lievtenant clifton , captaine husbands , and captain vaughan , ( fiennes owne witnesses ) upon crosse examinations before the councell . fiftly , that the day before the enemy entred , one thomas munday , a souldier under captaine henrie lloyd ( as both their depositions witnesse ) pointing with his finger to the very place where the enemy entred the next morning , told major langrish in the hearing of colonell fiennes ; captain , yonder is a very suspitious place , not fully fortisied , and it is verie doubtfull , unlesse you set an hundred musketiers more there , it being but weaklie manned , the enemies will there make their first breach : whereupon colonell fiennes for this his good advice in an angry manner asked him , what ? doth he prate ? and called him sawcie knave : and langrish having the guard thereof , suffered the enemy the very next morning to enter the line at that same place , from which he retired with his horse without any charge or resistance , when as he might easily have repulsed and beat them off , yet the defendant never questioned nor complained against langrish for this his cowardice and treachery , which was the onely reall occasion of surrendring the city , but countenanced and justified him all he could , affirming in * print , that he was acquitted by a councel of war of cowardice , which was false ; and endeavoured to lay the blame of not charging upon one lievtenant rouswell , who was so far from being guilty of this fact , that seeing langrish with his troop quit the breach without charging , he called him coward , and with three or foure musketies onely marched up to the enemy , and made good the breach for a time , till he received so many wounds ( whereof he after died ) as forced him to retreat for want of seconding ; he affirming that if he had been seconded by the horse , or with musketiers more , he could easily have repulsed the enemy , and made good the breach ; yet this dead man must thus be traduced before the councell to save langrish his credit , though captain husbands ( one of the defendants owne witnesses ) confessed , that langrish his cowardice , in not charging , was the losse of bristoll , and that he told him so openly to his face , at a meeting in london , since the surrender ; yet the defendant had the boldnesse to justifie , and produce him as a competent witnesse , viva voce , at the hearing before the councell , where the prosecutors articled against him for this and other acts of cowardice , and would have prosecuted him with effect , had they seen any fruits of the sentence against col. fiennes , but such as justly dismayed them from all future prosecutions of this kinde . sixtly , that for two or three houres space at least , the few enemies who first entred had no reliefe nor supplies sent to them , neither indeed could have , the enemy being bravely repulsed with great losse in all other places , so as they retired in disorder to their quarters , and one whole regiment of their horse retreated as far as white-church , foure miles from bristoll , with a resolution never to come on againe , had not the message of the unexpected parley , and hopes of the cities surrender thereupon , drawne them back to their quarters : and that diviers of the enemies confessed , if they had then been repulsed or beaten out of this breach , they had raised their siege , and never come on againe . serjeant hill , major wood , iames coles , depose all this , and the defendants witnesses confessed it . seventhly , that from three in the morning , when the enemy entred , till about or a clock at least , there was no charge at all made , except onely by rouswell , and after by capt. nevill , who charged them downe hill onely with twenty horse an houre or more after their entry , and could have then beaten them out , as he verily beleeved , and attested upon oath , had he been seconded with or horse or musketiers . a very strange neglect , to suffer the enemy to lodge so long within the line , ere they were encountred . eightly , that upon the enemies entry colonell fiennes in stead of commanding the next guards and companies then at the out-works , to fall upon and beat them out , as he was pressed to doe by lievtenant davison , major wood , captaine bagnall , mr deane , serjeant hill , and others , commanded all the souldiers upon paine of death , by his lievtenant clifton , to draw off the line and works on that side of the city the enemy entred , and to retire into the city with all speed to the market-place , full sore against their wills : whereat divers of the souldiers * were verie much discontented and discouraged , and many of them said , they were betraied . whereupon they retreated from the line and out-workes in great disorder , many of them leaving not onely their swords , muskets , powder , bullets , but their very cannons behinde them , which might with ease have been easily drawne off being downe the hill , and many halliers horses ready at hand for that service ; at which the gunners were so discontented , that some of them spiked and nayled up the touch-holes , to make their cannons unserviceable to the enemy , and the city-garrison too , in case they had returned to the workes and line , which by this strange souldiery were left naked of all defence neare two miles space together , so as the enemy might have entred the line where they pleased , in sundry places of greater advantage , nearer to the citie , castle , suburbs , by much , then where they had made their first entry . which strange devise and unmilitary policie , if it favoured not of apparent treachery , yet at least it cannot be excused from extreme folly , and want of skill in martiall affaires , which made major lewis , and other of the best experienced souldiers ( who advised not to draw off the line into the city , but to fall presently on the enemy from the line it selfe , which was the nearer , best , and speediest way ) exceedingly discontented . ninthly , that when the souldiers were thus hastily and confusedly called from the line into the market-place , * they there stood idle , looking one upon another , without any command to make a fally , or doe any other service to secure the city ; whereupon , for want of command and imploiment , divers of the souldiers who had been upon duty at the line foure or five dayes and nights together , departed from their colours , some to the taverne , some to the ale-house to drink , others to their beds to sleep , so as their companies were broken , and not halffull , whereas if they had marched orderly from the line against the enemies when they first entred it , which was far the best and shortest way ; or made a sally as soone as they retreated from the line , these inconveniences had been prevented , the souldiers kept in heart , the enemies cut off , or beaten out , the breach made up , and the city preserved . tenthly , that when the sally was made , not before , but much about eleven of the clock , it consisted not of above men , and that of those called off the line , the fresh men at the maine guard , and captaine stokes his company purposely kept for a reserve , with the garrison souldiers in the castle , ( who were not in the fight at the line , and might have made a present sally , without calling any from the line ) being not imployed on this service . eleventhly , that when the enemies upon the sally , though late , were driven from house to house , and so beaten , that they let fall their armes , and cryed for quarter ; and when the women were so couragious , that they profeted to goe with their children unto the cannons mouth , to dead the bullets , in case the souldiers were afraid , rather then the city should be yeelded , and thereupon encouraged both the gunners and souldiers to fight , working in the very face of the enemy , and stopping up froome-gate with a very thicke worke ( made with earth and wooll-sacks ) where the enemy should have entred the citie ; yet such was the defendants extraordinary cowardice , that he even then sent twice out to the enemy for a parley , whereas the souldiers generally desired and offered to fight it out to the utmost ; which so much discontented divers souldiers , that they said they were betrayed , and in very anger brake their muskets , swords , pikes , lest the enemy should gaine them , swearing they would never serve the parliament more , and taxing the governour for his parley and cowardice . twelfthly , that the castle was surrendred , the prisoners released , the enemy admitted into into the towne long before the houre agreed on , through the defendants hastinesse ; yea the souldiers and towns-men pillaged before his face , yet he took no care to see them righted , but left them to the spoile , neglecting to take hostages to see the articles performed ; which ( contrary to the rules of war ) were not made between prince rupert , the kings generall , and the governour , but between him and the princes commissioners onely ; and that he made such haste to quit the towne , that he left captaine blake , and captain husbands in brandon-hill and prior-hill forts behinde him , never giving them notice of the articles , nor any warrant under his hand to surrender them to the enemy , to the endangering of their lives and liberties . . that colonell fiennes being moved to send away the prisoners before the siege , refused , saying , he would keep them there to make his owne conditions the better , thinking of nothing before hand , but to surrender the city , to save himselfe : that he told * mr talboies , that he should not be in bristoll for ought he knew at saint iames tide then next ensuing , and used such expressions to him , as made him believe he meant to surrender the towne by that time , ( as he did the very next day after saint iames his feast ) who thereupon left the city , as intended to be surrendred by the governour : that he commanded mr hassard to lay by a reserve of barrels of powder , with match and bullets proportionable , to which when he was reduced he would treat : * that there were about granado's in the castle , and one new morter-piece , and that iohn warden one of the gunners of the castle did often importune the defendant to give him leave to make a shot at the enemy out of the said morter-piece , but the defendant commanded him under paine of death not to make any shot at them ; whereat the said gunner was so grieved , that he oft complained the towne was betrayed : all which granado's , with the morter-piece , were surrendred to the enemies , and not one of them shot against them , though they shot many granado's at the towne and garrison . . that the castle and forts were very strong and tenable , if not the towne ; that the defendant himselfe , the towns-men and souldiers reputed them so ; that they might have been held divers moneths , yea to this very time , had not they been surrendred ; that the enemy could not have taken them by force , even by their owne confessions , nor all the devils in hell have taken the castle , had not the defendant beyond their expectation surrendred them basely into their hands , and bestowed them upon them ; for which surrender the very enemy called him a base coward , and said he deserved to be hanged for delivering up such a town and castle as that to them so easily , for which they might thank fiens , else they could not have won them by force , had not he bestowed them on them beyond their hopes . from all which particulars ( fully proved by the ensuing testimonies ) we concluded , that the town , castle , ammunition , cannons , armes , &c. were most dishonourably , cowardly , and treacherously delivered up to the enemy , and that without and against the parliaments or his excellencies previous consents , who abhorred the fact , and never gave the least way thereunto , being executed before they had any thought or tidings of it , and before the city and castle was reduced to any extremity . and thus we concluded the second dayes worke . the defendant ( who spent not three full dayes in defence of the city ) wasted the three next whole dayes in defending himselfe against the first charge in the third article onely ; and no lesse then one dayes space in shewing the weaknesses , defects , and intenability of the castle , on whose fortification he hath bestowed much money and paines , onely to yeeld it up to the enemy , before one shot was made against it , as a fort not tenable then , though before that time a place almost impregnable , in his own and others opinions , which he selected for his magazine and last refuge , resolving to hold it against the enemy , and to lay his bones therein , rather then yeeld it up against his trust . in this his defence ( to spin out time ) he led us in perambulation through all the works , forts , dikes , rampires , walls , about the city or castle , proving the heigth , length , depth , breadth , dimensions , strength , defects and weaknesses , of all and every inch of each of them , before the councell by his officers onely , ( who were parties , and involved with him for the most part in the guilt of this surrender ) which were scarce ever measured and considered by him or them before ; and discovering so many weaknesses and imperfections in them all , not formerly observed , as clearly manifested , that either his engineers and he were extremely ignorant and blame-worthy , in putting the kingdome , citie , countrey , to such vaste expences , in making such inconsiderable weak fortifications , ( which yet the enemy did not , could not force , with all his strength and storming , losing one hundred men to one of ours in the assault , so strong and tenable were they till surrendred ; ) or else that these defects and imbecillities were but fine new devices , found out since the surrender , ( as in truth they were ) to palliate , or extenuate the treachery and cowardice of the defendant ; who left no stone unmoved , no turfe unturned , no dike unfathomed , no cannon or bullet unweighed , ( for we had proofe of each of these ) to save his head from the blocke , of which he had far more care then of the city or kingdome , and took us up about sixe whole dayes in the debate of this one article . the summe of the defendants tedious defence , consisted of the ensuing particulars , to every of which , for brevitie and perspicuity sake , we shall subjoine the distinct replies then given , not in a continued speech , as they were uttered , ( the whole three dayes first defence being made intirely together , and then the reply , rejoinder , and surrejoinder thereunto ) but in parcels , as each part of the reply , rejoinder , and surrejoinder was applied to each particle of the defence . first , the defendant denied , that all the armes were surrendred to the enemy , for it appeareth , by the first article of the surrender , that all the officers of horse and foot were to march out with their full armes , and the troopers with their swords . to which mr prynne answered , that by the first and tenth article of surrender all the common foot souldiers were to march out without armes , and the troopers onely with their swords , leaving their other armes , together with all their cannons , ammunition , and colours , behind them ; therefore since all the armes of the foot , all the troopers armes but their swords , ( which were not many nor considerable ) with all the cannons , ammunition , colours , were thus surrendred , the words of the article of impeachment , that all the cannons , ammunition , arms , &c. were surrendred , were sufficiently and literally proved . secondly , that all , both in scripture , law , and common parlance , is frequently taken for the greatest part , or well nigh all ; as matth. . . herodwas troubled and all hierusalem with him : matth. . . all the city was moved , saying , who is this ? all men thinke so , all affirme it ; they have taken all their armes , baggage , and the like : where all is taken for the greatest part , or all in effect . and in this sense the article is true , since the officers armes , and troopers swords , in respect of all the other armes there left , were not considerable . thirdly , most of all the officers armes and troopers swords were taken from them by the enemy , as the defendant confesseth in his * relation , answer , and we have proved ; and if any escaped with their armes by chance , yet all their armes were quite lost as to the state , which had no benefit by , nor account of them : therefore in this regard the article is most true . secondly , he denied he surrendred the city and castle against the parliaments and his excellencies consents , though it is true hee did it without their previous consents . to which mr prynne replied , that this was a very frivolous distinction : for first , christ himselfe by this speech , * he that is not with me is against me , resolves , that what is done without the parliaments and his excellencies consents ( especially if they dislike and disavow it afterwards ) is done against their consents , and that in strict propriety of speech : hence , if a mans servant , cattell , without his privity or approbation commit a trespasse in his neighbours ground , or if one casually tread upon anothers toe , he usually saith in these and such like cases , it was against my will or against my liking and consent : bristoll therefore being undoubtedly surrendred not onely beyond , but contrary to the parliaments and his excellencies expectations and desires , was certainly surrendred against their wils and consents , as well as without them . secondly , the parliaments and his excellencies expresse will and intention was , that bristoll should be kept to the utmost extremity , and not surrendred to the enemy , this being the end wherefore they placed a governour and garrison there , and made works about it ; the surrendring therefore of it , contrary to both their expresse wills and directions , must needs be not onely without , but against their wills and consents . this all the world knowes , unlesse the defendant can shew their expresse consents thereto . thirdly , the houses and his excellencies former opinions of , and calling him to an account heretofore , and now into judgment for this surrender , as directly contrary to his trust , and their directions , is a sufficient proofe it was not onely besides , but against their consents ; and to thinke or speak otherwise , is but to lay a grand imputation on the parliament and his excellency , in making them accessaries to this dishonourable , trayterly action , which hath almost lost the kingdome . thirdly , he alledged , that foure dayes before the fiege he sent one scotten with a letter to his excellency , to acquaint him with the weaknesse of the garrison , that he had not above men besides citizens , as likewise to see the estate of his army , and crave speedy succours from him : that he found his excellencie had but foot able to march , many of his men being then sick , and not in a marching condition to relieve him ; that it was cleare ( as he averres in his * relation , and then also affirmed , to the parliaments and his excellencies dishonour ) they could not expect , nor have had any reliefe in sixe or eight weekes time : and to justifie this dispaire of timely succours , he produced a letter written by his excellency to the lord say , his father , to this effect ; that he was sorry bristoll was in so much danger , as by colonell fiennes his letter to him it seemed to be ; and that himselfe at that present was not in a fitting posture to relieve it , which troubled him the more , for that his lordships sonne was ingaged there : ( which letter being read , mr prynne inquiring the date thereof , found it dated the of iuly , two dayes after the surrender of bristoll , which was on the of that iuly . ) from all which the defendant inferred the necessity of surrendring the towne and castle , for want of succours , which had they been neare , he could have made a shift to have held out three or foure dayes longer , and would have done it ; but being hopelesse of reliefe , he could not in point of souldiery or policy have held it longer then he did . to which mr prynne replied , first , that he did but his duty in sending thus to his excellency , and that this would no more excuse his treachery and cowardice , in surrendring the towne , then * weston , gomineys , and the bishop of norwich their sending to the governour of caleyes , and the lords of the councell , for timely reliefe , did excuse them . secondly , that in this message and letter to my lord generall , but foure dayes before the siege , he complained neither of want of ammunition , victuals , monies , nor of the weaknesse or intenability of the workes , towne , castle , ( which doubtlesse he would have done had there been reall cause ) but of the smallnesse of the garrison , which he said were then but , besides citizens : but our * witnesses prove expresly , that at the time of the siege he had at least foot and horse , besides voluntiers , which were neare more : and major allen attested , that he brought neare men well armed from malmsbury , but a day or two before the siege ; so as his were encreased to men , or more ; and he might have raised ( as mr powell , his owne witnesse , attested ) at least sixe or eight thousand able men more , to beare armes in the city , had he wanted men : therefore the want of men was but a pretence . besides , had he needed onely men , why did he advise sir william waller to march out with at least horse-men , lest they should have helped to have spent the provision of bristoll , as he confesseth in his relation page ? certainly , either he thought the towne tenable with the men he had , till all the provisions in it were spent , and so the garrison strong enough to defend it whiles they had victuals , or else he desired rather to spare the victuals for the enemy , ( to whom they were surrendred ) then for sir william wallers men , who ( had they stayed in the city ) would have made up his garrison horse , besides foot , and in all probability have preserved the city , which was partly lost ( as * himselfe confesseth ) by the cowardice of the horse , who refused to charge the enemy when they entred , whom they might easily have cut off , had they but charged them , as they might and should have done . in briefe , the defendants owne * relation and letter to his excellency informe us , that his garrison consisted of at least foot , and horse , and was so strong and sufficient , that when the enemy stormed the towne on every side with all their forces , they were valiantly repulsed , with the losse of neare a thousand of their best men , besides wounded ; whereas he lost not above sixe or eight men at most , and had very few or none wounded : if then the garrison were thus sufficiently strong to repulse the enemy with so great losse , when their army was strongesest and best in heart , much more 〈◊〉 be sufficient to repulse them , and keep the towne , when neare a thousand of their best men were slain , and more wounded , with the losse of sixe or eight onely of the garrison , the assailants being much weakned , and defendants as strong , or stronger , and more couragious , by reason of their good successe , then they were at first . thirdly , to his despaire of succours in six or eight weekes time , by reason of the weaknesse or sicknesse of the army , it was answered , first , that as hope is the last thing that forsakes a valiant man , so it is the first that deserts a coward , who placeth his confidence any where rather then at home in his owne bosome . secondly , that no man , much lesse a christian and souldier too , ought to despaire of gods providence and protection in a just cause , even where he can see no humane probability of succours , but ought to * wait , and trust on god to the utmost extremity , who many times sends reliefe a exceeding abundantly , beyond all men can aske or thinke , as he did to jerusalem , samaria , of old , and to rochell of late : andaces fortuna juvat , was the heathens observation ; fortes deus adjuvat , the christians : his causlesse despaire then of timely reliefe from god or man , the parliament or his excellency , argued not onely want of courage , but faith too , both in god and men . thirdly , valiant massie ( if this plea might be admitted ) had far more cause to despaire of timely reliefe then the defendant : for both fiennes and clifton his lievtenant professed openly , after the surrender of bristoll , that they would be hanged if glocester could hold out two dayes , if the enemy came before it : and colonell pury and captaine parry deposed , that the walls and works about it were weaker then bristols , their garrison not above , club-men and all , their powder not above single barrels , besides what they made during the siege , their provision not so plentifull as bristols , their cannon but seven or eight , whereas bristoll had canon , besides sir francis pophams peeces ; the enemies before glocester almost * more then those that besieged bristoll , and likewise accompanied with the kings personall presence . besides , his excellencies army , by reason of sicknesse , was now far weaker , and more unable to relieve glocester , then it was when it should have marched for bristols reliefe ; yet notwithstanding all these discouragements , and the great dammage and discouragement the sudden unexpected losse of bristoll strucke into all mens spirits , massie and glocester men did not basely yeeld up the towne to the enemy , as soone almost as they came before it , but relying on gods providence , and the parliaments care to the uttermost , received timely reliefe from both in lesse then three weeks after they sent for succours ; as bristoll doubtlesse would have done , had colonell fiennes had so much true faith and valour as massie had . now that bristoll would have been relieved far sooner then glocester , mr prynne undeniably proved by these arguments . first , because my lord generals army was in a far better condition almost by halfe , to march when bristoll was besieged , then it was at the siege of glocester , the number of it being much decreased by sicknesse in the interim , and their courage , spirits , much daunted by bristols unexpected surrender in so short a time , upon such dishonourable termes , which hee doubted at all the whole councell present could experimentally attest . secondly , the parliament , his excellency , london , and the whole kingdome , looked upon bristoll as a place of the greatest consequence of any in england , next to london , as the metropolis , key , magazine of the west , which would be all indangered , and the kingdome too by its losse : as a town of infinite more consequence then glocester ; by the gaining whereof the enemy would be furnished with all manner of provisions , and ammunition by land , with a navie and all merchandize by sea , and enabled to bring in the strength of wales and ireland , for their assistance : therefore being of so great concernment , the parliament , his excellencie , london , and the kingdome , would have been far more carefull to relieve it in due time , then they were , or would have been to relieve glocester , of which they had yet a speciall care . thirdly , bristoll was a towne of far greater commerce with london then glocester , many londoners having a great part of their trading and estates too in it : therefore this particular interest would have made the londoners more forward to march to relieve bristoll then glocester . fourthly , colonell fiennes and the citizens of bristoll had more powerfull active friends in both houses , and about his excellency , ( as his letter to the lord say imports ) to solicite and expedite their reliefe , then massie or glocester had ; therefore though the parliament and his excellencie were very ready to have sent timely reliefe to both , yet in all probability , bristoll in these respects had been sooner relieved ( had it held out ) then glocester was or could have been ; the rather , because the losse of bristoll made many men fall off from the parliament , more to stand as neutets , and damped the activity and spirits of most men . fourthly , it was answered , that the defendant produced no proof of his despaire , but onely his excellencies letter , written and sent to the lord say , not to him , and dated two dayes after the surrender made ; this therfore could be no ground , no cause at all of the surrender , which so long preceded it . to supply which over-sight and defect , colonell fiennes next day produced a witnesse , to prove , that the day before the surrender there came one into bristoll , who reported that the lord generals army was very weak , and in no posture to march ; but who it was , or whence he came , or how he came in thither , the towne being beleaguered , or whether the governour ever had any certaine information of this report , there was not the least shadow of proofe . fifthly , it was replyed , that if a govournours groundlesse surmise of an improbability of timely supplies , might be a good excuse to surrender a town , the strongest , best furnished townes and forts in the kingdome might be betrayed , surrendred to the enemy in a moment under this pretence : col. massie might have then upon farre better grounds have surrendred glocester to the king the first day ; the earle of stamford , exeter ; and col. warnlow , plymmouh the second day they were besieged ; then the defendant bristoll on the third day , since there was a farre greater improbability of relieving any of these in time , then of bristoll : and by this reason , had col. fiennes been furnished with men , ammunition , victuals , to have kept the town , five , or seven weeks longer , yet by this way of arguing , hee would certainly have surrendred it when hee did , ( in lesse then three dayes space ) and not have kept it to the fifth or seventh weeks end ; because he conceived an improbability of reliefe in eight weeks time , out of a pannick feare , or out of a meere design to colour his surrender : hee should have therefore held it to the uttermost extremity , and god or ourvigilant parliament ( no doubt ) by that time would have sent reliefe , as they did to glocester ; or if none had come ; hee had then discharged his duty , and been excused : but since hee kept it not to the last , but prejudged gods , the parliaments , and his excellencies care to relieve him in due season , his fault is inexcusable and capitall . fourthly , he alledgeth , that he did not surrender the city , castle , armes , &c. trayterously , and that no treachery was proved against him . to which mr prynne answered : first , that though there were no direct proofe of any correspondency or intelligence with the enemy ; yet if they were surrendred before uttermost extremy , the very law it selfe , and the letter of the ordinances for warre , resolve this to bee treason . and being thus treason , even in point of law , he needed no other proofe , that it was trayterously surrendred , but the law and fact it selfe : and wee ought to charge it in the impeachment , that it was trayterously surrendred , as the law resolves it to be , else the impeachment was not good in law , neither could iudgement bee given on it . hence by the rules of the common law , if a man be indicted of any crime which is treason , felony , or burglary by the law , the indictment must runne , that he committed the cryme , proditoriè , felonicè , or burglariter , else the indictment is vitious and defective . therefore by like reason , the surrendring of any fort , before utmost extremity being treason , it ought to bee charged in the articles , that it was treasonably surrendred , and for this end , he inserted the word treasonably into the articles : the check to the checker of brittanicus hath taken great hold of this passage , in his two last pages , annexing seven witnesses ( if need bee ) to prove it , and all to justifie , yea , acquite col. fiennes from treason . but if it be any honour to him to bee thus guilty of high treason , and to deliver up bristoll , trayterously , in this sence mr prynne then gave of it , before extremity ( for which he was adjudged to loose his head ) there is no man will envie him this new garland to crown his condemned pate withall , which is freely yeelded him without further proofe . secondly , it was answered , that feare and cowardize were the most trayterly passions of all others : these have caused many to betray their own reason , senses , liberties , lawes , estates , trusts , friends , countreys , kingdoms , soules ; whence we finde the a fearfull , marshalled in the very front of those , who shall have their part in the lake that shall burn with fire and brimstone : and quite b exploded out of gods temporall and spirituall militia . therefore if he surrendred them out of feare or cowardize only , though without any trayterly compact with the enemy , the surrender is properly stiled traiterous , as well as cowardly , even in reality and law. thirdly , it was answered ; ( which the check to the checker might have taken notice of ) that though there were no direct treachery charged or proved in the fourth article , yet there were vehement presumptions , suspitions of it ( which oft times cast and condemne felons , murthers , traitours , as experience manifests , as well as positive proofes ) directly charged and should bee proved against him in the seventh ; which we would here make use off and bundle up together : first then , his own frequent confessions in his answers , that he never undertook to keepe or not deliver the city or castle to the enemy without the parliaments and his excellencies previous consents : that they neither in honour nor justice could expect such a promise from him : that hee ought not to have kept the. castle when the enemy had entred the line , but ought to have surrendred the same , ( although tenable ) to the enemy , together with the city , by the principles of honesty and justice , the rulers of wisdome and discretion , &c. coupled with his wilfull misinforming of the councell of warre ; when they met about a parley , that there was * not above barrells of powder left in the castle ( when as there were french barrels , besides what was in the forts and city ) and not above or waight of match ; and commanding mr hassard the store keeper to say there was no more ( as he confessed to captain birch ) when as mr hassard deposeth , there were barrels of powder , at and least waight of match , besides as much more as four horses could draw , brought into the castle that morning ( as arthur williams and ione batton deposed ) and bundels as captain bushel affirmed ; of purpose to draw the councell to a present parley and surrender , were vehement presumptions and circumstantiall proofes of treachery and undirect dealing : all which being secondly , compared with the depositions of captaine loyde and thomas munday , that the defendant called munday , saucy knave , when he informed him and langrish of the danger and weaknesse of the very place , where the enemy the next morning entred , refusing to strengthen the guards there as he was advised by him , and appointing major langrish ( a noted coward formerly complained of to him for his cowardize and negligence ) to guard this weakest place , who never once offered to charge the enemy , but gave them leave to enter , and yet he never questioned him for this treachery , but countenanced him by his favour , justified him in print , and produced him before the councell as a competent witnesse : with his refusing to send away the prisoners in the castle before the siege , upon sir william wallers advise : saying , that hee would detaine them there to make his conditions the better if the enemy came before bristoll , ( attested by sir william , col. cook , and confessed by himselfe : ) with his speeches to mr talboyes ( who moved him to respite a delinquents payment of a summe of moneys till st iames-tide then ensuing ; ) that he knew not whether he should be at bristoll at st iames-tide , &c. which made mr talboyes then presently conceive he intended to surrender the city about that time , ( as hee did the next day after st iames day , viz. iuly ) whereupon mr talboys presently removed and left the city : with his prohibiting iohn warden the gunner , ( as richard butler deposeth ) under paine of death to shoot any grando's at the enemy , when he pressed him that he might do it , which made him say they were betrayed : all these particulars laid together , and coupled with captain ropers deposition , that the lady newport told this as a special secret to the countesse of desmond at her being in oxford , a little before bristoll was besieged , that this city would be surrendred to the king as soone as his forces came before it ; ( which captain further attested from the mouth of the right honourable earle of denby , that there were divers wagers laid at oxford , and offered to be laid in and neare london , as soone as the siege of bristoll was spoken of , that this towne would be surrendred the of july , the very day it was afterwards yeelded up ; ) the calling his men off the line under paine of death , and not suffering them to fall on the enemy , which made many then say , they were betrayed ; with his late & slender sallie . all these particular circumstances annexed to the premisses , and subsequent matters , seriously pondred , are sufficient to make a vehement suspition , if not a punctuall evidence , that bristol was not onely cowardly , but traiterously delivered , as well in a proper as a legall fense , notwithstanding the defendants ( and checkers ) flourishes to the contrary , till time shall discover the obscured secrets of this mysterie more apparently to the world . his fifth allegation ( wherein he spent most time and paines ) was , that the towne and castle were not cowardly surrendred . before he came to make this good by proofes and arguments , he first excepted against our witnesses to prove the surrender cowardly , because some of them were women , others enemies , who were not competent witnesses , and were ready to slander their opposites . to which mr prynne replied , first , that some of the witnesses onely were women , and those seconded by men . secondly , that they declared not their own weak opinions , but the judgements of men ; yea of the enemies owne commanders in private serious conference among themselves , as well as in open discourse to others . thirdly , that these women-witnesses , and other females in the city , shewed more true courage , undauntednesse , then the. defendant and some of his officers , working boldly in the face of the enemy , where they durst not appear , opposing a parley when he sent out twice for it , and offering to goe in person with their children into the very mouth of the cannon to dead the bullets , if the souldiers were afraid , rather then the city should be surrendred : being then such masculine females as these , he thought them meet witnesses to prove the surrender cowardly . fourthly , to the testimonies of the enemies he answered , that it was in this case the best and strongest of any other , it being the naturall disposition of every souldier that takes any strong fort or city , to extoll the enemies valour and difficulties of winning it as much as possible , the more to advance their owne prowesse . it 's no great honour in any mans judgment to conquer a coward , or place not tenable ; therefore those who detract from their enemies valour or strength , derogate most from their owne honour , conquest , prowesse , and as much disparage themselves as their enemies thereby : since then the enemies both in private discourses themselves , and in conference with others , so frequently censured this surrender as cowardly , taxed the defendant for a coward , and confessed they could not have taken the towne , nor all the divels in hell the castle , had the defendant held them valiantly out against them , and not cowardly surrendred them beyond their expectation : their testimonies backed with the premises , must be a most convincing evidence in this particular . secondly , he objected , that mr prynne had been tampering with some witnesses , and urging them to testifie against him : for which he produced two inflances : the first was , that mr prynne urged mr hassard , who kept the stores in bristoll castle , to attest there were more then barrells of powder therein when it was surrendred ; insomuch that mr hassard told him , he would not goe against his conscience . secondly , that he meeting with lievtenant colonell davison in the street , offered him a quart of wine , pressing him to goe to a taverne , and to set down what he could attest touching his advising colonell fiennes to sally out upon the enemy as soone as they entred , and his dislike of drawing his men from the line , and his refusing to follow this advice : which he denying to do , mr prynne told him that he was engaged to give in his testimony , because col. fiennes had given him the lye in print , in his reply to mr walker ; and for proofe hereof he produced two witnesses , that davison told him this story in his chamber in arundell● house , in the presence of the lord say his , father . to which unexpected false casumny , mr prynne returned this answer , which he was ready to attest on his oath : first , that being summoned by the defendant himselfe to appeare before a councell of war , to make good what he had written concerning the surrender of bristoll , he did thereupon repaire to mr hassard , and other witnesses present at the siege , to desire them to witnesse the truth onely of what they knew touching that action ; which he might lawfully doe : and because mr hassard kept the magazine , he desired him to informe him how many barrels of powder there were in the castle when it was surrendred ; who thereupon answered , there were : upon which he demanded , whether there were not more then fifty ? for he had sundry witnesses to prove that he confessed to captain birch and arthur williams , that there were ; and to major wood , that there were barrels left when it was surrendred : and captaine bushell ( then a prisoner ) affirmed he found no lesse then barrels there : if then there were more then , he should doe well to declare the utmost number which he certainly knew to be there : to which he answered , he did thinke there were more then barrels , but how many more he could not certainly depose , and therefore he would rather testifie lesse then there were , in setting down fifty generally , without adding this negative to it , and no more , which he durst not sweare , for then he was sure not to wrong his conscience . to which master prynne replied , that he desired him by no meanes to wrong his conscience in testifying more then the truth , but to keep a good conscience , in witnessing the full truth , and not concealing any thing to smother truth . at last mr hassard said , that he was not willing to appeare against colonell fiennes , for he had lost most of his estate in bristoll , and that there were arreares of pay due unto him , for paiment whereof the colonell had lately given him a bill under his hand , and if he should lose his arreares it would go hard with him . whereupon master prynne then answered , hee would not presse him to any thing to his prejudice , and so left him , he promising to give in his deposition in writing to the advocate , which he never did . and whether this were tampering with witnesses , or who had tampered most with hassard , he or the defendant against whom he was unwilling to testifie the truth , or all the truth , he humbly submitmitted to their honourable judgments . secondly , for lievtenant davison , mr prynne protested , he never saw the man till he came voluntarily to him in westminster hall , and told him freely , without any inducement on his part , that he was in the siege of bristoll under colonell fiennes , and after that in the siege of glocester , from whence comming lately to london , he met with a printed booke , writ by colonell fiennes in disgrace of mr walker , wherein he had given him the lye , and a base lye in the margin , to his dishonour ; whereupon being sensible of this open injury , he repaired to colonell fiennes to arundell-house , and there in the lord say his presence , challenged him for giving him the lye in print without cause ; desiring him to give him publike satisfaction , or else he would take satisfaction himselfe , for he would not take the lye from any man in england : and withall told him to his face , that he did advise him not to draw the souldiers from the line , but to fall upon the enemies presently , and cut them off , as they might have done with ease ; but he rejecting his advise , called off the men , and so not making a timely sally , lost the towne . whereupon the lord say answered , sonne you must take heed how you wrong any gentleman of quality , especially in print , and if you have wronged this gentleman you may doe well to right him : vpon which col. fiennes confessed before his father , he did give him such advise , and that hee had done him wrong in putting the lie over against his name ; but it was much against his will through his boyes negligence ; for after he had sent the copy of his reply to the presse , wherein the lie was written in the margine against his name , he remembring this mistake , sent his boy purposely to the printer to charge him to blot it out and not print it , which it seemes his boy ( or himselfe rather when he read the printed proofe and revise , where he might have expunged it had this tale beene reall ) then neglected ; but he would see it put out in the next edition ( a pretty flamme , savouring both of a lying and cowardly spirit , basely to confesse that to be a truth in private , which he proclaimed to be a lie in print ; ) whereupon i seeing his freenesse with me , and thinking his testimony material , told him that the surrender of bristol was now brought into question before a councell of warre by mr fiennes himselfe , whom i and mr walker were summoned to prosecute ; and therefore we should desire his presence as a witnesse there , and so we parted then . soone after the councell of warre was adjourned , and then meeting with lieutenant davison ( who made the same relation to above twenty more in westminster hall , as he had done to me ) he told me he was going suddenly out of town to glocester , i desired him to testifie his knowledge touching the premises before the advocate ere he departed ; whereupon hee told me , that the lord say was his very good friend , and had promised to help him to his arreares , and therefore he was loath to appeare in the businesse , there being other witnesses sufficient . to which i answered , i would have the iudge advocates warrant to bring him in as a witnesse , and then no exceptions could be taken ; which warrant when i had procured , i comming from the advocates casually met davison on horse-back above ludgate near the advocates lodging in pauls church-yard , where asking of him how long he stayed in town , he answered that hee was to depart to glocester the next morning ; whereupon i told him , i had a warrant to bring him in as a witnesse from the advocate who was then in his lodging , which was close by ; and therefore since he was to depart so soone , i desired him to goe with me then to the advocate , to set down his testimony upon oath : which he excused saying , he had promised to meet some friends to drink a quart or two of wine with them before his departure ; and so we parted without more discourse : and was this a tampering , only to desire a witnesse to set downe what he voluntarily informed me , before the advocate , when i had a warrant to examine him ? as for offering him a quart of wine , or inviting him to a taverne to drink , i protest i never did it , and am so averse from such a courtesie , that to my remembrance , i have never these eighteene yeares space gone into any one taverne in london or elsewhere , to give or receive one quart of wine , but only to eat a breakfast or dinner , and therefore it is very improbable i should proffer this courtesie unto him , who as i discovered then by his discourse had drunk sufficiently before , and was going ( as he told me ) to drink more . but admit i proffered him a quart of wine , and that in the open street , was a quart of wine , think you , so considerable a thing as to tempt or corrupt a witnesse of that quality ? or the open street a fit place for such a purpose where so many saw and over-heard us ? certainly if this gentleman were so ignoble as to be corrupted with so poore a courtesie as a quart of wine in the open street ; i am certaine his arreares of pay in col. fiennes owne private chamber in arundell house , where hee had faire promises to receive them , are farre more prevalent temptations to corrupt , and keep him back from appearing here in person , whither the defendant might have brought him to testifie my tampering with him , had he pleased , he being still in london , and under his command , though he will not appeare upon our summons to testifie the truth : but if he be such a one , as col. fiennes would intimate him , ( though i have a better opinion of the gentlemans honesty ) that a quart of wine will biasse him more them truth , i should rather want his testimony , then put him to his oath , were he now present : but being neither examined by us , nor yet intended to bee , this impertinent cavill sounds more of calumny then iudgement . but because col. fiennes hath now given me this just occasion , i shall in the third place ( which otherwise i should have concealed , but that his aspersions have provoked me to alleadge it by way of just defence ) truly informe your lordships : first , how col. fiennes and his agents have tampered with , affronted , threatned , and abused our witnesses : secondly , what advantages , obligations , and engagements he hath upon his own witnesses , which may probably sway them to over much partiality in their testimonies , of which we are wholly destitute in respect of ours . first , most of the materiall witnesses in this cause were the defendants owne officers and souldiers , from whom they expect not only future preferments , but their arreares of pay , which they were in danger to lose if they should either appeare against him , or he miscarry in this case . vpon this ground not only mr hassard , as you heard , was unwilling , and davison refused to give in his testimony , but one captaine oland ( as appeares by captaine haringtons deposition ) with sundry other materialll witnesses , denied to speak what they knew : and some of his officers since they came hither to witnesse for him have said , that if the cause went with him , ( as they made little question but it would ) they should have all their arrears paid , else they should lose them ; now whether the promise of arrears bee not a tampering with , and the losse of them a threatning or terrifying of witnesses , we leave your lordships to resolve . besides mr sprigge ( secretary to the lord say ) went to a noble knights lodging at saint albanes , produced as a witnesse by the defendant , that same morning he was to give in his testimony , with this strange prologue to an evidence , that col. fiennes presented his respects to him , and desired him to come that morning to the councell of warre to give in his testimony for him ; and that his lord likewise desired to be remembred to him , and to let him know that pound ( of the ) due unto him was ready for him at london upon his returne , and the rest of the mony should be ready for him as soon as it could be provided : which captain harington then present in the knights chamber heard and deposed ; nor could nor did sprig deny he delivered such a message , but said he had ill intentions in it . to which mr prynne replyed , that whatever his intentions were , the words spoken at that season , and upon that occasion , tended more to corrupt a witnesse , then his offring a quart of wine in the open street did ( had he offred it as he did not ) which was so much insisted on ; and though he knew the knight so well , that no offers whatever could corrupt him ; yet how such speeches might work on other witnesses who expected debts and arrears from the col. he could not divine ; and those who durst use such tempting speeches so openly in st. albanes during the triall , would probably make use of the like or worse temptations in private to witnesses , to corrupt or take off their testimony . however the court by this might clearly discerne , which side was most guilty of tampering with witnesses . thirdly , that some of our witnesses sent for thither by the defendant , had beene openly abused , affronted , quarrelled by the defendant and his witnesses , even in the councels presence and elsewhere ; as namely captaine bagnall ; who though an extraordinary friend to the defendant , ( for whom he took two journeyes to london for a commission at his own charge , and raised a company to defend the towne ) yet meerly for testifying the truth impartially , was strangely questioned and affronted by the defendant himselfe , abused with ill language , taxed with perjury , quarrelled by scotten who gave him the lye in the councell chamber before your honours were departed thence , challenged , scorned , reviled , threatned to be mischieved , ( for all which affronts we crave your justice . ) and if our witnesses be thus affronted , menaced , abused in your very presence , how think you were others dealt with behinde your honours and our backs , to strangle truth ? a vehement argument all hath not been rightly carried on that side . . consider the great difficulties on our parts to procure , the impossibilities to suborn the witnesses we produce . first , all our witnesses for the most part are meere strangers to us , all of them better known and more obliged to the defendant then to us : they are persons dis-interested , dis-engaged , who neither gaine nor lose by the triall , however the sentence goe ; they were never under our service , power , or commands , most of them were such who served the state gratis , and were no mercenaries in that service . we are no wayes allied to them , have no command over them , no arrears or debts to pay them , no rewards or preferments to bestow upon them , no engagement to allure or enforce them ; whereas on the contrary , the defendant hath all the advantages and bonds that can be tending to partiality over his witnesses . many of them are testes domestici , as his brother , kinsmen , servants , foot-boyes ; most of the rest his officers and souldiers , against whom we excepted as incompetent ; first , because they were parties in this case , joyning with the defendant in a petition to his excellency for this triall , which was granted at their request as the proclamation of his excellency attests . secondly , because they were confederates and equally guilty with him in this treason of surrendring bristoll , most of them being of his councell of warre , and consenting to this act ; which if it prove capitall and criminall in him , will likewise be so in them ; in swearing therfore to acquit him of this treason in which themselves are involved , they doe in verity sweare to acquit themselves , and one to justifie and excuse the other , which ought not to be admitted ; for then the fowlest treachery that is , might and would be excused , yea the greatest traytors acquitted , if one might testifie for the other in that particular crime whereof they all stand guilty . . because they all depose , as for their owne lives and safeties , so likewise for their own honour , reputation and repairation ; some of them in their speeches now , and most of them in their petition to his excellency , demanding reparation in their honour from us by this very triall : and so are both parties and witnesses in this respect , very unequall to be admitted . . some of them have carried themselves as passionately in this case , as parties , in menacing and abusing our witnesses , and our selves too , threatning no lesse then hanging to us for questioning this surrender , if the defendant be acquitted ; and can such be competent witnesses ? . he hath very strong obligations upon most of them , the bond of consanguinity and alliance ; they are his kinsmen : of superiority and command ; they were his officers , souldiers , servants , advanced by him at first , and preferred , or promised preferment by him since ; the bond of sundry debts and arrears due to them from him , which they are promised to receive if he be acquitted , and expect to lose if once condemned . and what strong engagements , what great advantages all these are to tempt or corrupt witnesses on his part , and silence them from testifying ought against him on our part ; and how farre forth such witnesses who appeare thus to be parties shall be allowed of in this case ( especially such as are participes criminis ( adjudged incompetent by all lawes ) and guilty of the same surrender , we shall humbly referre to your just considerations . ly . the defendant endeavoured to answer an objection made by mr prynne ; to wit , that it must needs be cowardly surrendred , because the enemies that very morning were valiantly repulsed in all places ( but that one where only an hundred and fifty of them entred ) with the losse of mens lives , and as many more wounded , whereas the garrison then lost not above , or , and had scarce any one man dangerously hurt in the assault ; so as the enemy by this great losse was farre weaker , the garrison much stronger , and more couragious then before ; whereto he briefly answered , that the slaying of , and wounding more , was not so great a losse and discouragement to the enemy , as the entry of the line was an encouragement . to which mr prynne replied , first , that those who entred the line , by their owne confessions were so farre from receiving encouragement by it , * that they gave themselves all for dead men , and had no other hopes but to be quite cut off . secondly , their companions discouraged with the generall repulse in all other places , † knew not of their entry in two full houres space , during which time their powder was quite spent , that they might have beene all cut in pieces had the defendant done his duty . thirdly , a * whole regiment of their horse retreated foure miles off , with a resolution never to come on againe ; therefore the entry of so small a party , compared with their great losse , could be but a very poore encouragement , since they might have beene so easily repulsed at the first , and sent back by weeping crosse unto their retreated companions . after this he descended to his arguments , to prove the surrender not cowardly ; the chiefe whereof are published in print ( by himselfe or his agents ) in the check to the checker of britannicus , with the substance of his whole defence , abstracted ( no doubt ) out of his owne notes . his first argument was this , that he was no coward , as appeared ; first , by his apprehending and sending away col. essex : secondly , by his apprehending and executing the conspirators at bristoll in the midst of the city , even at noone day : thirdly , by quelling the malignants , and disarming the traine-bands of the city : fourthly , by his valiant behaviour at worcester , where hee and his brother , when the forces were there routed , were some of the last officers that came off the field : fifthly , by his charging at keinton battell , one of the next to sir william belfoure up to the very cannon of the enemy , when the horse killed the canoneers , as they lay under the carriages ; and by other following particulars : ergo , he did not cowardly surrender bristoll . to which argument , mr prynne replyed : first , in generall , that they did not charge him in the articles , to be a coward , which was not now in issue ; nor yet , that hee had shewed himselfe cowardly in all actions since he was governour of bristoll ; but only , that he had cowardly surrendred bristoll : and , in hoc individuo he did and might deale cowardly , though he might be valiant in other particulars . this is that mistaken passage the check to the checker much triumphs in ; let him in gods name make his best advantage of it , to repaire the defendants honour if hee can . secondly , that the argument was a grosse nonsequitur , for as a very coward , may now and then doe valiantly upon occasion , and yet be no valiant man ; ( as sometimes desperatio timidos fortes facit , an experimentall proofe whereof we finde in timerous staggs , who runne away at the barking of the smalest curre , yet will encounter both dogges , horses , men in extremity when they are at a bay , and can runne no further ; ) so a valiant man may sometimes commit a cowardly action , and yet be no habituall coward . to put this out of question , we have a memorable example in the apostle peter , who though he were of a bold resolute spirit , and no doubt the stoutest of all the apostles ; as appeares by his adventuring ( at christs command ) to a walk out of the ship upon the sea it selfe in the midst of a storme , ( which hee though the defendant with all his faith and valour would scarce have adventured to doe , ) his resolute telling our saviour b that though all else should be offended and forsake him , yet he would not ; and though hee should die with him , yet he would not deny him ( which all the other apostles likewise protested each for himselfe . ) by c his resolute drawing out his sword to rescue christ when he was apprehended by the high. priests servants , his cutting off malchus eare therewith ( which is more then appeares the defendant yet did to any enemy , ) his not putting up his sword , nor giving over fighting till christ commanded him ; and by his following our saviour into the very high-priests hall , when the other disciples forsooke him and fled : ( all acts and arguments of extraordinary courage : ) yet after he saw christ brought into question for his life , hee suddenly degenerates so farre from his former magnanimity , through a pusilaminous feare then seising on him , that at the very voice of a silly maide , and a high-priest servant , he no lesse then thrice denyed the knowledge of his master christ , and that with bitter oathes and execrations ; should peter in this case argue : i was valiant when i walked on the sea , in the chamber when i told christ i would rather die then deny him , in the garden , where i fought for him , and in following him into the high-priest hall , whether the other disciples durst not accompany me : ergo , i did not cowardly nor unworthily , in thus denying him thrice with oaths and curses in the high-priests hall ? certainly , this were a most irrationall false argument , because courage in some actions , is no negation or extenuation of cowardize in others , almost in the selfe-same nick of time . yet this is col. fiennes objected argument ; i have shewed my selfe couragious , ( as well as peter ) in some actions ; in removing col. essex , executing the delinquents , disarming the malignants of bristoll , in the fights at worcester and edgehill ; yea , altogether as valiant as peter , in my vaunting words and promises a . that i would dispute every foot of ground with the enemy to the utmost , who should winne it from me by inches ; that my flag of truce should bee my winding sheet : that i would keep the city , or it should keep me , or i would lay my bones therein ? ( oh brave vaunting peter ! ) yea , i was pretty full of courage during the siege , till the enemy entred the line , and then i was just like peter entring the high-priests hall ; i followed the enemy a far off , and fell from fighting , to parling ; from defending , to surrending the city and castle ; before any out-fort taken , or one shot or assault made against city or castle : ergo , i did not cowardly or unworthily surrender them now , having shewed my selfe so valiant in deeds before . but since peters pristine valorus acts , speeches , did no wayes mitigate nor extenuate , but aggravate his subsequent cowardly denyalls of christ , so will the defendants his surrender . thirdly , his forementioned valorous exploits have no relation at all to the surrender of bristoll , being of a different nature from them , his prowesse therefore in the one , can never expiate , nor dis-affirme this cowardize in the other , the only thing we now charge and prove , these other objected actions being not here in question . fourthly , he gave this answer to the objected particulars ; so farre forth only as they were applyed to bristols surrender : first , that the sudden surprisall of col. essex , being done at a b private house out of bristoll , when the defendant had his troops about him , and col. essex only three or foure servants neare him ; was a greater act of prudence then courage , and a man not really valiant would have done as much : secondly , that when hee apprehended the conspirators , he had the absolute command of the city and castle , a strong garrison in both , and the major part of the city and countrey siding with him : it was therefore no great argument of extraordinary valour to apprehend them being but few in number , weak in power , and suddenly surprised at unawares . and when he executed them , all the malignants were disarmed , the whole city , country generally incensed against them for their horred treachery , and their party unable to make the least resistance , so as a childe might have put them to death as securely as the defendent . therefore this could be no convincing evidence of his courage : thirdly , that the malignants were quelled by the discovery of the plot ; and the disarming of the traine band , to arme his own souldiers , and best affected citizens , was by the generall consent of the mayor , sheriffes , and most part of the citizens , after the conspiracy detected 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 c 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 , or 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 d 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 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 being combustible , most of them built with timber , and that part of the suburbs not very large . secondly , that between the part of that surburbs and body of the city , there was a key on the westside of froome-bridge , unfordable by horse or foot every tyde , by reason of the waters , and at low-water too , through the deepnesse of the mudde , being so deep in most places , that men must stick fast in it ( as some as the conspirators did upon the discovery of the conspiracy , who were taken e sticking in the mudde ; ) that there is no matching over the key in file or rank , but only one by one , in confused order . that on the key side next the city , there is a wall of stone neare or foot high above the mudde , which no horse can enter nor no foot scale , unlesse at a slip or two , which are but narrow , and stand or foot above the water : that there are houses all a long the key , which commanded the colledge side where the enemy entred in such sort , that none of them could offer to wade over the key , but they might be cut off with ease , that two or three pieces of ordnance planted at the head and lower end of the key , would so scouer all that passage , that none could have passed over without losse of life , and the passage , there , would have been so difficult , that one hundred men would easily have kept out ten thousand , all which was attested by col. popham , lievtenant col. paleologus , major wood , lievtenant col. andrewes , cap. bagnall , and some of his own witnesses upon crosse examinations : therefore there was no danger of the enemies entry there . for frome-gate it selfe , it had a new percullis , and after the enemies entring the line , and late sally on them , the very * maides and women , in the face of the enemy , made a barracado and bulwork against it or sixteen foot thick with earth and sacks of wooll , to keep them from entring there , being their only passage into the city from that suburbs ; that above the gate was the river froome ( which runnes under it ) with a wall and houses between the city and it , so as the enemy might easily have been kept from entring the body of the towne , and could not have entred it , without infinite losse and disadvantage . thirdly , that had they gotten over the key , or froome river into the body of the city , yet the streets were so narrow and disadvantagious to the enemy , that their passage might have easily been hindred , the streets blocked up with caskes , carts , sleids , stooles , and a piece of ordnance or two placed at the head of every street , and the houses lined with musketers would have so scoured and secured it , that the enemy must have sustained extraordinary losse , at least or an men for one of ours , as they lost before in the storming . besides , they must have all marched up the hill , in paved streets which are so slippery , that the foot could have hardly stood to charge , and the horse would certainly have slipt and fallen : in regard of which disadvantages , our men having the hill , flankers , the shelter of houses , and charging downwards , must needs have repulsed them with extraordinary losse had they forcibly entred , and made a most safe retreat into the castle at any time when they saw just cause , without any such difficuly or danger as was suggested . fourthly , admit they had taken the body of the town beyond the key , adjoyning to the castle , which they could not have done without excessive losse and great difficulty , yet all that part of the town being commanded either by the castle , or other forts and out works all in our profession ( as clifton himself with other of the defendants witnesses confessed , and major wood proved ) they could not possibly have held it long , and would have been in worse condition with in it then before , and so no absolute necessity of firing it , had not his courage and conscience served him to doe it . fifthly , for his horse and foot , incontainability in the castle , in case he had been forced to retire into it , there were sundry other places to bestowe them in , besides the castle : as first , the body of the city adjoyning to the castle , which would have billited them all till the enemy had forced it : secondly , that part of the suburbs , under the command of the castle next to lawfords gate , distinct from the body of the city if taken , and very defensible , the castle , and out-works then remaining ours : thirdly , the out-forts , where the guards might have been doubled or trebled as there was cause , especially now when he had an overplus of men that he know not how to bestow : fourthly , that part of the city beyond the bridge in sommerset-shire side , which was very capacious , able to containe all his supernumerary foot and horse , though the other suburbs and body had been taken ; which part ( the bridge being broken down or defended ) had been inaccessible , strong , and tenable for a long time against all his majesties forces , we having then all the out-forts in possession which commanded other parts of the town , and ratcliff church , tower-harris , and the castle ( three extraordinary strong forts ) commanding and securing that part beyond the bridge ; which being fenced with extraordinary strong out-works , and deep watrey dikes , tower-harris , and ratcliffe church on the one side , with the river , and castle on the other side , and strongly garrisoned with the souldiers retired from other parts , had been almost impregnable , and might have held the enemies play for sundrey moneths , had the defendant resolved to hold it to the utmost . having therefore so many severall safe retreats , and receptacles for his horse , foot , and not making use of any of them , though hee promised to dispute every inch of ground with the enemy ( as he might have done with honour and great advantage ) his pretence is false , his surrender cowardly beyond all excuse . sixthly , he hath oft inculcated this to your honours , that the citizens were generally very malignant , and disaffected to the parliament ; and we have proved , that the * most of the best affected , had carried their estates and three months provision into the castle , where their persons and goods were by the defendant promised to be secured . his forbearing therefore to fire the city in case he had bin necessitated to it , proceeded not from any publike care he had of the parliaments friends or kingdoms safety , but from his private respects to the persons and estats of malignants ; which he would rather carefully preserve to enrich , encourage , and strengthen the enemies , then fire or endanger to preserve the parliament and kingdome : mercy and compassion are doubtlesse commendable vertues in a govournour , who should not use cauteries or firing till the utmost extremity : but when such an exigency happens , that a city might be fired , or both it and the kingdome lost or hazarded , it is foolish cruelty not christian mercy , to bee over-pitifull in such a case . it is a cruell destructive mercy to save a city ( especially a malignant one , as this is averred then to have been ) to destroy a kingdome , yea , our religion , lawes , and liberties with it : better the greatest part of the city had been turned into ashes to preserve the castle and others parts of it to the parliament , and secure the realme , then to surrender the whole so cowardly so unexpectedly , to the losse of the west , and kingdome in all probability . seventhly , the defendant well knew of what extraordinary concernment the losse of bristoll would be to the kingdome , of what infinite advantage to the enemy , as is evident by his owne letter to my lord say ( dated march . before it was fortified or fully garrisoned ) published in his printed relation pag. . where thus he writes . may it please your lordship to understand first the importance of this city of bristoll , &c. the enemy hath lately cast his eye upon it , prompted by the witty malice of our malignants , to espye his advantage : if he possesse this city , he will reap these benefits by our losse . . he will get much money , armes , and ammunition in a more cheap and lesse hazardous way , then he can have them out of the low-countreyes ; all which he will pay for with monopolies , and engrosments of trade , things with which the great ones of this towne have beene well acquainted , and are therefore malignant . . if hee gaine this town , he will * soone subdue glocester , and become master of all the tract between shrewsbury and the lyzards point in cornwall , a quarter so plentifull , as his plundering army yet never saw . . he will become master of all the traffick of that inland sea the severn , and make all the shipping both of the welsh and english coasts his owne . . his neighbourhood to wales will from time to time supply him with a body of foot . . wee shall lose a great port towne very important for the service of ireland , and fit to give landing to the rebels of that place , or any other enemy . since therefore hee knew this city to be of so great importance to the kingdome , and the losse of it so extraordinarily advantagious to the enemy , he should in this respect have held it out to the utmost extremity , and rather hazarded the firing of it by the enemy which would not have done it , ( especially being malignant ) or himselfe , then quitted both it and the castle to , with all the ammunition , canon , armes , provisions , colours , ships , merchandize , wealth therein , upon such poore dishonourable termes , before any out-fort taken , or one shot made against the city or castle walls ; he wanting nothing but courage to defend them , the enemy having lost so many , and himselfe so few in the former stormings . his sixth argument was , that he stood in places of greatest danger with his troop , neare alderman iones his house , where a granado falling into the midst of his troop , and hurting no man , he thereupon encouraged his souldiers , saying , that god did protect them . to which was answered , . that not one of his troop ( for ought appeares ) was ever hurt in that or any other place where he stood with them ; therefore the danger was not very great . . that this place under alderman iones his house , was more then canon proofe , and most secure against the enemies shot , which the house and garden walls guarded off being between the enemy and his troop ; therefore no place of danger but security . . that this granadoes falling in among the troop at that time , was meerly casuall ; and hurt not any though it frighted many , and made the defendant and his troop presently to remove from thence , as his owne witnesses deposed . . himselfe never charged the enemy in person with his troop after their entry within the line ; his standing therefore with them in this secure place before the entry , was no great proof of his valour , much lesse that the surrender was not cowardly . his seventh argument , to prove the surrender not cowardly , was , that the parley and surrender were both agreed on by the councell of warre ; ergo not cowardly . to which was answered , that himselfe was both the * first mover , perswader of this parley , this surrender , and the principall man that advanced it , drawing on the rest to consent to it , and not making the least opposition against it . . that the councell of war wherein the parley was first propounded , was not generall , as it ought to have been , but private , few of his officers or the gentlemen there , having notice of it , till a parley was concluded , and a drummer dispatched twice to the enemy before they would take notice of it . at this councell no countrey gentlemen were present , but sis iohn horner , who gave no vote and a col. stroode who voted against it , and not above six or seven officers , of which lievtenant col. davison , and major holmes were two , who opposed the parley ; as for mr edward stephens ( whom col. fiennes averred in b print to be present at it ) he denies upon oath , that c he had ever any notice of it ; and so doth col. stephens to . being therefore such a private conventicle and no generall councell , and these thus voting against the parley , it is a greater evidence then disproofe of a cowardly surrender . . the defendant and his brother iohn , to circumvent the councell , and draw them on both to a parley and surrender , misinformed them , that there were but barrels of powder , and weight of match left : as he confesseth in his answer to the eight article , d commanding mr hassard ( who kept the stores ) to affirme there was no more , when as you have heard it proved there was above three times as much more then in the castle . his mis-information therefore being the chiefe motive to sway the councell to this parley and surrender , their consents will not excuse but aggravate his cowardize and trechery in seducing them . . if the town and castle were tenable , sufficiently provided with all necessaries for a defence , and not reduced to extremity , as we have proved , the surrender by a councell of warre will not make the cowardlinesse and trechery lesse but greater ; and subject the whole councell to censure , as appeares by the cases of e weston , gominyes , and others adjugded in parliament : otherwise , if this plea should be admitted for a justification , a governour and his officers might safely without danger betray any fort or place through cowardize or trechery by voting it in a councell first , and then putting it in execution . his eighth argument was , that when he sent to the enemy for a parley , and their hostages came to froome-gate which was barracadoed up , they swore , god damne us , we will come in at froome-gate ( which was the nearest way ) or have no parley at all ; whereupon he sent them this resolute answer , that they should not come in there , but at newgate , which they were enforced to doe after much contest ; ergo the surrender was not cowardly . to which mr prynne answered ; . that at that time froom-gate was f barracadoed up with a bulwark of earth and wooll-sacks or foot thick to keep out the enemy , made by the very women and maids , with the help of a few men , in a short space ; and when the hostages came to that gate , the work was raised so high , that captaine taylor , the defendants owne witnesse confessed , he could not see nor conferre with them over it , but was enforced to goe to speak with them through a window , when he received their god-damne-me message , that they would come in at that gate , or else returne : from which window likewise he returned the governours answer to them . now to demolish such a barracado as this , to let in these peremptory hostages , and the enemy too , who might then have cleare passage into the city , had been such an undiscreet and cowardly act , as was not only below the spirit of a governour , or souldier , but of a sucking childe , and would have argued the defendant ( if condiscended to ) a man utterly destitute , not only of courage but common discretion . . this braving unreasonable request argues plainly , that the enemies had a very meane conceit of the defendants valour , else they would never have presumed to send him such a disdainfull message , which an heroick spirit would have so far resented , as not to brooke a parley upon any termes ; and his not yeelding to it , is no greater an evidence that the surrender following was not cowardly , then that the building of tinterton steeple was the cause of the encrease of goodwin sands . his ninth argument was his courage and speeches at the parley , wherein he confessed , . * that the motion of the parley proceeded meerly from himselfe . . that the parley was concluded on before ever the maior repaired to the councell . . he said , the maior was extraordinary fearfull , and pressed earnestly for an agreement with the enemy . . that when the enemies commissioners at the parley , upon the motion of captain birch , that the citizens might have liberty to carry away their estates if they pleased , stuck at this demand , hee thereupon rose up , and with great earnestnesse protested , that he would break off the parley , and rather lose his life , and hold and put it to the utmost extremity , then not provide for the security of the citizens estates : which speeches he proved by the testimonies of captaine birch , and mr prickman . ergo he did not cowardly surrender the town and castle . to which mr prynne replied ; . that the motion of the parley proceeding originally from himselfe before any sollicitations from the maior or citizens , argued that himselfe was more fearfull then the maior , though thus extraordinary timorous ; and that both the parly & surrender proceeded from his excessive fear . . that we had here confitentem reum , that he held not the town till utmost extremity , as his duty bound him . for he told the commissioners , if they would not yeeld to secure the citizens goods ( whom he frequently brands for desperate malignants ) he would then venture his life , and put and hold it to the utmost extremity : therefore he held it not by his own confession till such extremity ; and so by the very articles of war , and construction of law , is guilty of a cowardly , and traytorly surrender , for which he ought to dye . and here observe the strange temper and guilt of the defendant : my lords , hee was constituted governour of bristoll , not by the maior and citizens , but his excellency and the parliament , to preserve it from the enemies hands , rather for the kingdomes safety , then security of the malignant citizens goods . he had formerly oft protested to the best affected souldiers and citizens , that * hee would dispute every inch of ground with the enemy , from the out-works to the gates , from thence to the castle , whither he would make his last retreat , and there lay his bones , making his winding sheet his flagge of truce , and the like , for the common good and security of them and the realm . but now alas , as soone as the enemy entred the line , heu quantum mutatus ab illo ? he became a quite other man , and forgetting all former valiant promises , heroick resolutions for the republicke , he presently sent for a parly , and disputes not so much as one inch of ground with the enemy neare the gates or body of the city , retires not one foot towards the castle , & insteed of adventring his life to preserve the city for the parliaments and kingdomes safety against the irish rebels , and welch malignants incursions , hee hath not so much as one word or thought tending that way : but all publike engagements set aside , he now only lookes after the security of his own person , and of the malignant citizens persons , estates for the enemies future advantage , and rather then these shall not be saved , he now protests he will lose his life , and put all to utmost extremity . had hee really intended to make good this his protestation for the citizens benefit and safety , in case the enemies had denied his demand in their behalf , ( which i much doubt of , since notwithstanding his foresaid protestations , he would not doe it for the publike ; ) i humbly conceive hee ought much more in point of honour and duty to have executed it for the whole kingdomes preservation and utility ; which since he did not really perform nor intend to do it , you have here confitentem reum , an evidence dropping from his own mouth sufficient to condemn him : and therefore my humble motion to your honours is , that his person may presently be secured as by law it ought . the rather , because it plainly appears by all the cariages of the defendant from the enemies first entry till his return to london , that this surrender proceeded meerely from timidity and cowardize at the best , as i shall evidence by these particulars . first , by his a calling the souldiers from the line under paine of death , and not permitting them presently to encounter the enemy , as he was importuned by divers ; and bringing them off in such confusion , that many of them left their armes , ammunition , and ordnance behind them , which might have been easily drawn off , there being so many halliers horses in the city for that purpose . secondly , by giving no order nor direction to the souldiers drawn off , for any present service or sally in divers houres , by meanes whereof , many of them deserted their colours . thirdly , by not imploying his reserve under captain stokes , not his maine-guard , nor souldiers in the castle ( consisting of at least men ) who were fresh and had been upon no service , to make a present sally on the enemy , who might with ease have been cut off by them without calling any from the line . fourthly , by his contradictory commands , and pale looks , attested by william deane , mary smith , captain bushel , thomas thomas , and generally taken notice of by the souldiers . fifthly , by his hastinesse to * propound and send for a parley to the enemy , even before the sally made , as col. strood deposeth , contrary to his advise ; and then againe presently after the sally . sixthly , by the forgetfulnesse of all his former promises , and of the very castle it selfe , formerly accounted by him the strongest rampart and last retreat , where he would lay his bones ; which was not now so much as thought on , although the magazine , ammunition , and provisions lay therein , whereby he betrayed , cheated , and undid the best affected citizens . sevently , by his own confession in his relation , p. . he writes , that all the conditions they desired , were yeelded to : yet had he not then so much heart or brain left within him , as to demand or make more honourable conditions , then to deliver up the town and castle , with all artillery , armes , ammunition , cannon , victuals , prisoners , and colours too ( which was all that could be lost or given away from the state ) or to demand convenient time or carriages to convey away their goods from thence . eightly , by accepting articles in the commissioners names , when as they should have been in prince ruperts then present , who else was not obliged to observe them ; and not exacting an oath , or due sufficient caution for performing them , after so many experiences of their treachery and truce breaking . ninthly , by suffering one of the enemies , hostages to depart the town as soone as the articles were concluded , and giving liberty to the other to doe the like , but that major allen comming casually into the roome withstood it ; by meanes whereof they had all been wholy exposed to the enemies mercy and sudden assaults , having no security for himselfe , his soldiers or the city ; whereas both his hostages continued still in the enemies hands . tenthly , by his not publishing the articles after they were concluded , till captaine bushell ( a prisoner of the enemies party ) put him in minde thereof , and published them at his request . eleventhly , by suffering his men to fall off their guards , the prisoners to get loose , the enemies to enter the town and castle before the time appointed for the surrender , b whereby many rapines and violence were committed both on the souldiers and townes-men in the very streets and castle , which the enemy could not prevent , and the colonell never endeavoured to see righted : which caused col. gerrard ( foreseeing some complaints would be made ) to desire major wood ( who in these disorders suffered three dayes imprisonment there ) to carry a letter from him to nath. fiennes ( which hee shewed to major wood ) to this purpose . that whereas many outrages had been committed contrary to the tenor of the articles , which might happily be imputed to the kings grace , he gave him to understand that the fault was in himselfe , who had most unsouldierly neglected to look to the performances of them upon his party : and if this declaration did not , gave him satisfaction , he should bee ready for further clearing of himselfe to waite upon him with his sword in his hand , your friend whom you call cavalier , charles gerrard . which letter major wood delivered . twelfely , by his leaving captaine blake , and captaine husbands with their souldiers in windmil-hill and brandon-hill forts , when he marched out of bristol , and giving them no notice of the articles of surrender , not warrant under his hand to deliver up these forts according to the articles ; the first notice they had both of the articles and the defendants leaving the town , being given them by the enemy , who demanded the forts , which they held after the governours departure , from whom they received no order to quit them , which might have endangered their lives . thirteenthly , by his taking no care to march away with his men in a body ( which they could not well doe because their colours and drummes were surrendred by agreement ) whereby they might have been kept together for the service of the parliament . and yet the preservation of his men and horse in a body for their present service , is the best and only reason he gives for the surrender of the city and castle , both in his a relation , letter , and answer to the articles . fourteenthly , by his cowardly and unadvised speeches concerning the intenability of glocester for three dayes space , if the kings forces came before it , and his discourse to mr pury after its reliefe ; his feare transporting him into such an uncharitable opinion , as to judge brave colonell massie , as pusillanimous and cowardly as himselfe . fifteenthly , by his very printed b relation , letter , replies , and answer to the articles , in all which the intelligent reader may palpably discerne a spirit of trepidation and cowardize to have seized both on his braine and pen , which made him invent so many unworthy shifts , untrue surmises , ( as of close decked botes prepared by the enemy , a resolution to storme the castle , and take it in two dayes at most , &c. ) and utter so many strange paradoxes , yea contradictions , unworthy a man of honour ; and deny , not only col. essex , but himselfe , to be governour of bristol , or of the castle there ; of which before : if all these evidences may be credited against his bare prooflesse allegations , the surrender must needs bee cowardly and unworthy at the best . upon this col. fieenes very confidently affirmed , that the report that bristol was cowardly and unworthily surrendred , was first raised by mr prynne , the prosecutor , in his book intituled romes master-piece , p. . published ( as he said ) the first of august . within five dayes after the surrender of bristol ; and that before the publishing of this book , it was not so reported , reputed by any . to which mr prynne replyed : that this was a most false calumny without the least shadow of truth ; for first , though the title of his romes master-piece , was written and licensed for the presse by a committee of the commons house ( who earnestly , desired him to translate and publish the letters and plot therein comprised , with such observations as he thought meet , and they should approve ) on august . . , yet the book it selfe was not compiled , nor fully printed off till the end of august or after , the publication being neare a moneth space after the licence ; before which time , not only mercurius aulicus had enformed the world in print ; that nathaniel fiennes ( by name , whom i named not ) had bestowed bristoll on the king , &c. ( which words were read out of aulicus ; ) but likewise many london mercuries ( and namely , that from munday the of iuly till aug. . p. ) had divulged in print , that bristoll was cowardly delivered to the enemy ; that if col. massey had been governor in his place it had not been surrendred at all , but held out still , &c. and in truth the surrender thereof to the enemy in so short a space , was so far beyond all mens thoughts or apprehention , that the very first tydings of it , made most men openly aver in every place , it was most cowardly and unworthily at least , if not treacherously surrendred to the enemies . this was not only vox popult , in london , westminster , and elsewhere ; but vox parliamenti , the opinion of the commons house ( if not the lords too ) who were much dejected at the newes ; which the defendant himselfe selfe taking notice off upon his very first euery into the house after his return from this noble exploit ; where every one looked strangly on him with a discontented aspect , and few or none of his dearest friends once moved their hats unto him , ( as they usually doe to all other members , upon their arrivall from any publike service after some time of absence ; ) and some of them minded him of * gomineys and westons case ; whereupon he conscious to himselfe of the commons generall ill opinion of this action , to avoid their examination and censure , was enforced to make his apology for it oprnly in the house , august . . in the close whereof ( conteining his bare relation , no wayes satisfactory , ) he desired a , that what he had affirmed might bee examined at a councell of warre , that so he might be cleared or condemned according as they should finde the truth or falshood of what hee had declared . which passage of his , published in print long before romes master-piece , is a pregnant evidence and acknowledgement , that the very house of commons conceived this surrender proceeded either from his cowardize or treachery ; else there had been no need of any long apology , or such a reference as this to a councell of warre : and indeed his owne printed relation , is so full of palpable shifts , and b expressions of a timorous spirit , that the very reading of it , confirmed me and others in this opinion , that the surrender was cowardly or treacherous ; and my passage in romes master-piece concerning the inconveniences of bristols surrender , with reference to the welch , and irish rebels , were taken verbatim out of his own printed relation , p. . where thus he writes , if the enemy possesse bristol , his neighberhood of wales will from time to time supply him with a body of foot . we shall loose a port town very important for the service of ireland , and fit to give landing to the rebels of that place or any other . by all which it is clear , that i was not the first raiser of the report of its cowardly surrender , but that himselfe and others then in print had raised this report , before i published any thing to this purpose . secondly , to put this out of question ; first , it evidently appears by the depositions of mr edward stephens , thomas munday , william deane , ioan battin , abel kelly , arthur williams , mistrisse hassard , richard butler , mary smith , ethelred huddy , ioseph proud , ieremy holway , anthony gale , and others , that both the souldiers and citizens of bristoll were much discontented with the governors parly and surrender when it was but in agitation , & openly said , they were betrayed ; and that not they only , but the very enemies , concluded the surrender to be cowardly , before we had any tidings of it ; secondly , sir iohn horner ( his own witnesse ) deposeth ; that in their comming up to london , before we had any notice of it , ( they being the first who came thence & brought tidings of it , ) two or three ministers spake against it , † as cowardly and unworthy ; thirdly , major allen attesteth , that he and some other officers present in the siege , concluded it so in their private discourse , as they retreated from bristol before they came to london ; fourthly , it was generally reported cowardly or traitorly both in london and westminster upon the first notice of it ; and some women in the streets openly called the defendant a coward , for this unworthy action ; which his own * ladie mother condemned , and would not believe at first ( affirming , that her sonne was of a more valorous spirit and honourable extraction , then to deliver up a place of such consequence as bristol in so short a time , where he had promised to spend his life and lay his bones , rather then quit it ; and all this before i took any speciall notice of it . whereupon having some relation to bristoll , in and neare which i had divers friends , i made a more particular enquiry into this action from such souldiers and citizens present in the siege , who could give me the best information ; and upon due examination of what was alleaged on either part , i found the surrender such as i published it to be in roomes masterpeece , by approbation of a committee of the commons house , who both authorized the book , and concurred with me in this opinion . from all which it will appeare , that i was not the raiser , nor first inventer of this bruit , that bristoll was cowardly and unworthily surrendred , it being published in print by divers , and the common received opinion of all men in city and countrey , before i gave my censure of it , which i have here made good . his tenth argument was , that both the city and castle were untenable against the enemy ; therefore the surrender not cowardly , nor unworthy . their intenability he endeavoured to prove ; first , from the weaknesse and insufficiency of the lyne , outworks , walls , fortifications doth of the city and castle , in demonstrating whereof he spent neere three whole dayes at first , and two or three dayes more in his reply to our evidence in disproofe of his allegations . secondly , from the want of a sufficient garrison to defend the town , to manifest which , he alleaged ; that he had not above two thousand foot and horse to guard the place , which were not halfe enough , the works being neere five miles in compasse , and divided by a river , so as his men stood very thin upon the lyne , and had no reserves at all , unlesse for some particular places ; by meanes whereof his souldiers in most places continued foure or five dayes and nights together upon duty without reliefe . and to prove the garrison insufficient , hee insisted , first , on the letter printed in his relation , pag. . complaining of the weaknesse of the garrison of bristoll , and desiring an augmentation of it . secondly , on his excellencies opinion , ibid. pag. . who thought it necessary this garrison should consist of three regiments of foot , two troops of horse , and one company of dragoones . thirdly , on a draught of an ordinance presented to the house of commons by the lord say ; for the setling of a sufficient garrison at bristoll ( ibid. pag. . ) wherein he propounded , that the garrison might consist of three regiments of foot , the first consisting of . the second of . the third of . men , and of two troops of horse , and one company of dragoones ; with lesse then which he could not possibly ( as he said ) maitaine the city against the enemies forces that came then against it , who had few lesse then seventy colours of foot ( as lieutenant clifton affirmed , who told them ) on glocester-shire side , which captaine husbands telling them with his prospective-glasse , multiplied the colours to one hundred . thirdly , from his want of powder and ammunition , * he having no match at all , and but fifty barrels of powder left , which would not have served them above two dayes ; which he endeavored to prove by the proportion of powder they spent in two dayes before , and by a letter from colonell warnloe from plimoth ( attested by master nichols ) who writ , that they spent forty barrels of powder there in one day , when they beat the enemy out of their works . the city and castle being therefore untenable in all these respects ; and no succours neare to relieve them in due season , his surrender could not be deemed cowardly , but discreet and honourable , to preserve both the citizens goods , and the garrison ( consisting of above . foot and horse ) to serve the parliament , ( which then wanted men ) in other places of advantage . to which particulars mr prynne gave these ensuing answers . first , that the works about the city and castle were very strong , defenceable , tenable against all the enemies power , which he proved ; first , by the judgement and opinion of the defendant himselfe , who never once complained of the weaknesse or insufficiency of the works or castle till the surrender , but oft affirmed the works to be very strong , sufficient , and tenable , before the seige , and that he doubted not to make them good against all the enemies power , as colonel stephens , colonel strood , captaine bagnal , master powel , with others depose . and he publikly confesseth in his printed relation , pag. . that himselfe ( and some others too ) had a great opinion of the strength of the castle , before it was surrendred ; though now upon a sudden , he would make your honours beleeve and endeavours to prove it , the weakest most untenable peece in the world , having spent one whole dayes time in demonstrating its severall weaknesses , or rather in them his own , who notwithstanding all these imbicilities had so great an opinion of its strength ; and indeed did not the defendant deeme the works sufficient , the city and castle strong , he must discover himselfe guilty , either of extraordinary folly , in putting the parliament , countrey , city , to so great costs to fortifie , garrison , furnish the city and castle with all necessaries to hold out a siege , if it were not really tenable , and of no considerable strength at all , in the upshot : or else of extraordinary treachery , if he knew it not tenable , and yet gave it out to be very defensible , on purpose to induce the gentry and countrey in those parts to bring their money , plate , estates , provisions thither , as to places of strength and security , as we know they did , upon his promises to defend them to the last , that so they might become a prey to the enemies , who had all the ammunition , provisions , armes of those parts delivered into their hands at once , which they could have never gained , had not the defendant fortified the town , castle , and affirmed them to be strong and tenable ; besides , his own many liberall promises to defend the castle to the utmost , in case he was forced to retreat into it , and there to secure the best affected citizens and their goods , argues its tenability in his owne apprehension . secondly , as the towne , but castle especially , was tenable in his owne judgement , so likewise in the opinion of others . first , of the gentry and countrey who repaired thither , as to a most secure sanctuary against the enemy , towards whose fortification and defence they liberally contributed . secondly of the citizens , who all deemed the towne , but the castle especially ( to which they carried their estates , and above three moneths provisions ) to be defensible against all the enemies power , as appeares by the depositions of iames powel , able kelly , william deane , mistris hassard , others , and by the tragedy of bristoll , lately published by captaine birch , mr. powell , and other citizens of it ; who write thus of the castle , pag. . the castle being strongly fortified and victualled , as being the last place to retreat unto , if the towne should be taken ; being assvred we should be able to keep it ( till reliefe came , ) as a sanctuary for the persons and estates of such as were most active for the parliament ; divers of us accordingly brought in our goods , with provisions for our selves , and to help victuall the souldiers that were to be entertained in it , &c. thirdly , by the opinion of divers souldiers of our owne party , as colonel stephens , colonell strood , lieutenant colonels paleologus , and andrewes , major wood , major allen , captaine bagnall , nicholas cowling , mr. hassard , richard linden , edmund wathorne , thomas munday , and richard butler attest . fourthly , by the speeches of the enemies owne commanders , who viewing the works of the said castle , soone after its surrender , swore , god damme them , all the devils in hell could not have taken the castle , it was so fortified had not the governour cowardly surrendred it , that they might thank fiennes for it , and that they could not have taken the castle , had it not beene yeelded up to them beyond expectation : as mary smith , ethelred huddy , ioane battin , thomas thomas , and michael spark senior witnesse . and whereas he alleaged , that sir william waller , and sir arthur haslerig , deemed bristol not tenable , which he endeavoured to prove by this passage in their letter to him dated iuly . . — ( attested by mr. iohn ash , and printed in his relation , pag. . ) we think the enemy will fall on this night , if not , to morrow morning ; and if so , what good will this regement doe bristoll if we perish ? it is a wonder to us , to see our friends delay help where there is safety , &c. mr. prynne answered . . that this letter declares not their opinion conceruing the intenability of bristoll , but their importunity to have speedy supplies from thence . secondly , it expresseth that bristols greatest security consisted in their armies successe , there being no danger of a siege as long as their army were masters of the field . thirdly , it proves nothing , that either the city or castle might not have held out till reliefe should arrive from his excellency , or that it could not hold out above three dayes longer . fourthly , the defendant confesseth that had colonel pophams regiment continued in the towne , it had not beene lost , and that his sending of them to sir william waller , was the losse of the towne ; therefore the castle and towne in respect of the fortifications were both tenable , and had no want at all but of colonel pophams men , which he supplied by his new raised regiments , before the siege . secondly , whereas he alleaged , that divers gentlemen left the towne , and went away with sir william waller , and sir arthur haslerigge , because they deemed it not tenable . it was answered , that the reason of their departure ( as themselves have confessed ) was , the feare and assurance they had , the defendant would not hold it out to the last ; whereas colonell strood , colonell stevens , and others who had his promise to hold it out , to the utmost , continued with him still . fourthly , it was answered , that the objected weaknesses and defects of the works and castle , were meere inventions of the defendant since the surrender , not thought or spoken of before , nor once propounded at the councell of warre when the parley was in agitation ; where the debate of this particular of the tenabilitie of the towne and castle was never disputed , for if it had , the towne would have beene held some foure dayes longer , whiles this point had beene debated , which hath taken up foure dayes here . as for the castle , the defendant himself confesseth , and his lieutenant clifton with major holmes depose : * that in the whole debate of the parley and surrender , the castle was never mentioned nor thought on : therefore the weaknesse and untenability of it was no ground of its surrender , as is now pretended . finally , the defendant in his printed relation , pag. . . and in his answer , affirmes ; that the cause why the castle was not tenable against the enemy , was for want of match and powder , not inregard of its inconvenient situation , and weake fortification , the onely causes now insisted on ; therefore this is but a meere pretence invented since the surrender . to the second pretence of wanting a sufficient garrison to hold it ; master prynne answered , . that that defendant had two thousand foot besides two hundred voluntires , and three hundred horse and dragoones at least , which were sufficient to defend the towne against all the enemies power , as is infallibly evident by the repulses every where given to the enemies when they stormed it , and the great slaughter of hundreds of their men , with the losse but of three or four of ours , attested by his own witnes , and published in his owne relation and letter to his excellency . and if the garrison were sufficient thus to repulse the enemy in his greatest strength and assaults at the very outworks , then certainly they were abundantly able to defend the towne and castle after the slaughter , and wounding of above of the enemies , had they beene discreetly and couragiously commanded by him ; but doubtlesse they were more then enough to have defended the castle , the body of the city , and that part beyond the bridge after the suburbs entred , and the lyne wholly quitted on glocestershire side . secondly , if the garrison had beene too weak , he might have raised sixe or eight thousand able men more in the city , or retained * five hundred of sir william wallers souldiers , whom he sent out of the towne to save the expence of provisions . thirdly , the garrison souldiers that were in it , would have fought , and held the city and castle out against the enemy , thinking themselves strong enough to doe it , but the defendant would not permit them , as sundry witnesses attest ; the want therefore of a sufficient garrison is but a meere pretence . fourthly , a garrison must be judged to bee sufficient or insufficient to defend a place , onely in regard of the enemies strength that comes before it ; that garrison being sufficient to defend a towne against seven or eight thousand beseigers , which perchance is insufficient to guard it against twenty thousand . now , we confidently affirme , that the garrison then in it , was sufficient to guard it against all the power then before it , as appeares by the enemies severall generall repulses with extraordinary losse to them , and none to the garrison : by the enemies paucity , not being above seven or eight thousand at most ; ( most of them horse ) and their quarters divided with an unfordable river , so as they could not come to rescue or releive one the other . and whereas he pretended the enemy was neere fourteene thousand strong , because they had about seventy or one hundred foot colours onely upon durdham downe ; this is a most fallacious argument : because every puny souldier knowes , it is a common policy in warres , to carry and display a multitude of colours more then there are compaines , a farre off , at a distance , of purpose to amaze or terrifie the opposites , and make themselves appeare more numerous then in truth they are ; which policy was now used . and whereas captaine husbands affirmed , that he told one hundred foot colours on durdham downe ; he saith , that it was but with his prospective glasse , ( an uncertain instrument to tell colors with ) which multiplied the colours more then they were , leiutenant clifton telling not seventy at most . and how full these companies under those colours were , we shall produce onely the testimony of mr. savidge , a late souldier in ireland , who deposed viva voce ; that he was in bristoll within two dayes after its surrender , when there was a generall muster of prince ruperts foot in the marsh there , at which both prince rupert and mawrice were present , where he told ( to his best remebrance ) . but for certaine above . of the enemies colours , which had not above . souldiers at the most belonging to them , for he particularly told and tooke speciall notice of them ; whereupon he demanded of one of the officers on the place , why they had so many colours , and so few men ? who answered , that they had many of their men slaine and wounded in the seige : so as by this account , they had more foot in the city by seven or eight hundred when it was surrendred , then prince rupert had without it , whose forces were most horse ; and therefore a sufficient garrison to defend it against so small a force . besides , it appeares by the relation of glocester seige , pag. . ( attested by mr. pury to be true , ) that there were about nine thousand men more before glocester then there were at bristoll seige ; if then glocester garrison , consisting at the most but of . men were sufficient to guard it against . more then were before bristoll , then bristoll garrison of above . foot , and . horse , must needs be abundantly sufficient to defend it against . enemies lesse then were before glocester . and whereas the defendant alleaged his letter of complaint for want of a sufficient garrison ; this was in march . . when he had but one compleat regiment of foot , and but two troops of horse , not at the siege , when he had above twice double the number . sixthly , for his excellencies opnion , and his owne propositions , that the garrison should consist of three regiments of foot , and three troops of horse and dragoones . it was answered , that he had above that number of horse , and almost his full number of foot at the siege , and might have raised more had he pleased ; therefore a competent garrison , according to his owne desire . but that which quite takes off this objection , is , that such a large garrison as this , was not desired by him , or thought meet by his excellency , onely to defend bristoll against a siege , but likewise to defend bath , barkly castle , and the countrey round about for twenty miles space , and to suppresse insurrections , if any should happen in the westerne parts ; as appeares by his excellencies letter , and his owne propositions . therefore this pretence , that he had not a full garrison to defend the towne , because he wanted some of his number of foot , which should have defended bath and the countrey twenty miles round about , is but an impertinent plea. seventhly , for his want of reserves to releeve his men , himselfe confessed , that reserves might have well been drawn from the main guard and castle garrison , who were not in any fight or action during the siege ; that he had some few reserves for some particularplaces , as there was occasion ; that captaine stokes , whose company was a meere reserve , standing in saint iames church-yard , when the enemy entred , though not imployed to repulse them at the first , nor afterwards in the sally . if then he had reserves for some special services , he had no doubt a competent garrison , it being unusuall to have a whole reserve , and a vast unnecessary expence to maintaine a double garrison in any place . eighthly , whereas he alleaged , that his men for want of reliefe and reserves would have quite been tired out in three or foure dayes more , having been neare five dayes on duty without reliefe ; & that a man might die of a lingring consumption well as of a feaver . it was answered , that the garrison of glocester had no reserves at all , and were constantly upon duty without * relief above thirty five dayes and nights together , yet held it out couragiously , without dying of a consumption ; and why bristol garrison might not have done the like ( being furnished with good store of bristoll milk , strong wines and waters ) with as good successe , had the defendant put them to it , ( especially having some reserves to relieve one another ) he could see no reason , but only his willingnesse to yeeld up the town to the enemy , for feare of a consumption , of which none are willing , or use to die till nature be totally spent : ninthly , there was then no sicknes at al in the city , no want of provisions or necessaries ; no losse but of eight men at the most when yeelded , how then the city , castle , could be surrendred upon this pretence of an impossibility to keep them longer , for want of a sufficient garrison , we cannot conceive ; especially since the women with their children proferred to go unto the cannons mouthto dead the bullets . thirdly , to the pretended want of match , powder , ammunition ( for a sufficiency of all other provisions and victuals was akcnowledged ) it was answered , first , that we had proved there were . weight of match , ( besides a dray load more of match ) in the castle it self , when surrendred ; and a match-maker with materials to make more match in the castle as fast as they could spend it , besides much match in the city : and he might as soone have alleadged want of water in the river avon , as of match in bristoll , which makes match and cordage for all the west of england and other parts . secondly , for powder , we have proved by some witnesses , that there were at least sixty barrels in the castle only , besides as many more in the city , forts , and what was weekly made in the towne : yea some witnesses prove there were seventy double barrels in the castle , left to the enemy . captaine husband confesseth he had two barrels of powder in his fort , arthur williams attesteth there were sixty barrels in the towne and major allen brought nine barrels more from malmesbury : and by his own printed relation , there must be at least barrels left ; for he therin confesseth ( a ) that he found barrels of powder in the town , when he first entred upon the charge thereof : after which he received barrels more from london , barrels from france , besides six or seven barrels weekly made in the city , all the powder taken out of shops , ships ; and the nine barrels from malmesbury : all which ( admit the barrels out of france single ) amount to barrels ; but to barrels , if those from france were double , as they were : of these he saith , sir william waller had about barrels , and that he spent about more in the siege : deduct then barrels out of , there remained no lesse then ; or out of , there were left barrels at least by his own confession , allowing him all that was made or found in the city and ships meerly for wast and musters . and whether there were a necessity of surrendring the town for want of powder when so many barrels remained only in the castle ; besides what was in the forts and city , let all men judge : there being barrels more then col. massey had when glocester was first besieged . but his grand pretence is , that this powder would have lasted them only two or three dayes at most ; whence this pordigall of his powder , not blood or coyne , writes thus in his relation , page . . that which made it evident , wee could not hold out the castle above two or three dayes , was , because we had ammunition for no longer time , having only barrels of powder , and no match , at all : ( no match for himselfe , he meanes for cowardice , else there was match enough , ) and according to the proportion of powder , we had spent the dayes before this would not have served us above two dayes , and it is cleare wee should not have had any reliefe in six or eight weeks . a pretty prejudicating fancy , not to be admitted on any termes : for by the same argument he surrendred it up now when he had , or admit but barrels left ; he would have then yeelded it had he remaining : for thus hee would have argued , barrels after the rate of barrels we spent the two first dayes , would have lasted us but twenty dayes at most : and wee could have no succour in six or eight weeks , therefore i was necessitated to render the town for want of powder to hold out till reliefe might come : nay , if he had a barrels then left , he would by this reason have yeelded the town up , for want of powder , for he argued thus ; col. warnslow at plimmouth spent barrels in one day : ergo , i should have spent so many every day at bristoll , and by this computation a barrels would have lasted me but dayes , and i had no hopes of relief in fourty or fifty dayes at nearest ; ergo , i was necessitated to yeeld for want of powder to serve me till relief might come . had valliant massey argued thus at glocester , he might have surrendred it to the king on this pretence the very first day and houre he came before it . he might have alledged ( with better reason then col. fiennes ) wee have but barrels of powder in all to defend the town with , and these will not last above one day ; for col. fiennes spent barrels a day as bristoll , and col. warnslow in one day at plymmouth : therefore our barrels against a farre greater army of enemies , will not last above one day , and we lawfully may and ought in true millitary policy to surrender glocester to the enemy the first houre they come before it for want of powder , since col. fiennes surrendred bristoll for this very cause , when he had twice asmuch powder as wee . had massey done or argued thus , what had become of glocester and the kingdom ere this ? but since he made no such anticipating argument , but with his little store of powder ( farre lesse then was in the castle of bristoll only ) maintained the siege for dayes , and preserved ) the town when he had more cause to despaired of reliefe then col. fiennes , why the defendant might not , should not have done the like at bristoll , i cannot yet conjecture . indeed , he saith , in his answer to the eight article , that he was lesse able to defend the town foure , or the castle fourteen dayes , then massey was to defend glocester dayes with the same proportion of powder . certainly , if it were possible for massey to defend glocester against a farre greater force then was at bristoll with barrels of powder for dayes : it was more possible for the defendant to have defended the castle of bristoll of lesse circumference by three parts then it , with single or double barrels ( which he surrendred ) for three times dayes , and till succours had arrived . but to exclude all fond pretences to palliate treachery or cowardize , mr prynne affirmed , that there must the same rule and law bee observed in case of powder , ammunition , and men , as there is in case of victuals : and what that is the king of swedens and his excellencies articles of warre ( newly reprinted ) define , to wit , a present and absolute want of victuals , and all edible things to sustaine nature : and so a present absolute want and expence of all powder and ammunition ; else any fort may bee betrayed upon remote pretended necessities . a governour must not argue thus , it may bee i may spend barrels of powder in two dayes : ergo , . being all my store , i will presently surrender before i put it to the hazard , and yeeld up my present stores to the enemy before the two dayes expire . for then what place can be secure , or will hold out to reall extremity ? but on the contrary , hee must thus resolve , i have thus much powder yet left , and by good husbandry it may last much longer then i apprehend ; the enemies ammunition , for ought i know , may faile before it , who knowes not how small our stores now are ; however it is better i should spend that little i have left against the enemy , rather then yeeld it up to supply their wants and annoy our friends , therefore i will , yea , i ought in reason and duty to be reduced to a present , reall , not a surmised possible want of powder , before i will yeeld up the fo●t , committed to my trust , to the whole kingdomes prejudice . this was col. massey his resolution , this ought to be the conclusion of every governour whatsoever , and of the defendant at bristol , which wanted neither fortifications , men , victuals , ammunition , canon , powder , wine , beare , match , water , nor any necessaries when it was surrendred , to defend it till supplies might have arived . therefore it was yeelded up before any the least extremity , and so unworthily , and cowardly , both in law and reall verity . fourthly , as to his best and most speciall plea or enducement , * that he surrenrendred the city and castle so speedily , as he did , of purpose to preserve a body of foot and horse for the service of the state , then wanting men : and the lives and estates of divers of our friends . mr prynne answered , first , that he might be ashamed of such a poore absurd pretence as this , to vaile his cowardise : his surrender in truth being but to save his own life and estate , not the garrisons , who were safer in the town , castle , then in any other place whatsoever , and lost both themselves and their estates by surrendring them , which they had preserved ( as glocester men did their city and estates ) had they manfully held them out to the last . secondly , the parliament had no lesse then armed foot , and horse in the city to serve them there immediately before the surrender : yet this thirfty governour would for their service and advantage , surrender both city , castle , with all the cannon , ammunition , armes , magazens , provisions , wealth , ships , prisoners , colours in it to preserve them only disarmed , plundered , dismounted men to serve them , god knowes where , or how . a very frugal steward surely for the republike , to loose them no lesse then men in the very bargain , with the city , castle , armes and premises to boot . thirdly , neither did he save those . naked men as he pretended , nor yet a body of three hundred to serve them elsewhere , hee bringing scarce one hundred of them with him into london . he lost the city , castle , armes , all else in them before onely to save the men , and their estates ; and after lost both the men and their estates , to save himselfe , never reserving so much as one ensign , drum , trumpet , upon the parly to call or keep his men together , nor yet mustering them into order , nor marching away with them in a body , nor releeving them , when dismounted , plundered , abused in his sight , leaving every man to shift for himselfe the best he might . and was not this a pretty saving of men to serve the parliament elsewhere , thus carelesly to lose them , and of . men compleatly armed to serve them , to preserve scarce . stript of all their armes , and quite disbanded ? god preserve the republike from such frugall stewards , such pernitious bargains . fourthly , admit hee had saved full unarmed men to serve the state , was not this a sweet purchase ( think you ) to save so many mens persons with the losse of such a place of consequence , strength , shipping , trade , command by sea and land , with the hazard of the whole kingdome ? better himselfe , and all those , nay , better tenne thousand men had bravely lost their lives in defence thereof ; yea , better the whole city had been ruined if not possible otherwise to bee secured to the state , then that the enemy should have so easily possessed it , to the cities , countreys , and whole kingdomes infinite prejudice . fifthly , the parliament needed no men at that time to serve them elsewhere , but they would extreamly want bristoll were it lost , farre more then they wanted men : it was a bootlesse service then , to lose what they should certainly most of all want , to preserve only what they needed not . sixthly , these mens service was usefull no where but in bristoll , where the state only needed and expected it ; and those who would not doe them the best , the uttermost service there where they most needed it , with the hazard of their lives , would hardly doe them service elsewhere , unlesse they might have victory in a bagge , ( as vlysses had the windes ) and might fight only where they were sure of no resistance , to gaine sarmacida spolia , sine sanguine & sudore . seventhly , they could do the parliament no such good service any where as there in keeping bristol ; there most of them were in their proper center , their native soile where they fought for their lives , estates , lands , houses , wives , children , liberties , in the very hight and strength of their spirits ; there they were entrenched in strong forts and bulworks , well manned , victualled , ammunitioned ; where , in respect of the enemies disadvantage in assailing , and their own convenience in defending , they might have slaine one hundred enemies for one of ours , as they had done before , killing and wounding above of the enemies , with the losse only of eight of the garrison ; after which rate they might have slaine the enemies whole army with the losse only of one hundred men , ( a service they could never hope to attaine to in the open fields , ) and also have saved not only , but of their own men , to serve the state , together with the city , castle , ships , armes , magazines , and westerne parts , all depending on them ; and that with the totall ruine of the enemies forces . eightly , it is very imp●rbable that these garrison souldiers and citizens would adventure their lives to serve the state in any place else , who would not doe it on their own dunghill , and in their proper charges , where they were most concerned ; those that will not fight it out to the utmost in a fort , where they have all advantages , will certainly not doe it in the open fields , where the enemy and they are upon equall ground . and it is not very likely , that men disarmed , discouraged , left to the scorne and plunder of the enemies , stript of all their fortunes , driven from their native habitations , and brought to trust to the enemy for their lives , rather then to god and their own swords for victory and security , should fight for the parliament without armes , or any other encouragement in the open fields . ninthly , admit he secured the parliament pillaged naked friends to serve them elsewhere , yet sure i am , hee hath truly gained them fifteene , nay fifty thousand enemies , with all the armes , strength , ports , forts , traffick , provisions , wealth , that the west of england , wales , or ireland can afford , whence divers thousands of enemies and rebels are lately arrived in bristoll ships , to cut our throats , possesse our estates , yea lay our kingdome wast ; and was not this a good piece of publike service , worthy our highest applause ? tenthly , the very losse of bristoll , ( for ought any wise man can yet perceive ) is like to cost the parliament and kingdome the lives of above , nay , men , ( as it hath cost them some thousands already ) ere bristoll and the west be reduced , to that condition they were when this city was surrendred . and is not this a sweet peece of good husbandry to endanger the losse of mens lives , but to save the lives of only , and that when they were in no greatest security , and danger at all of being lost , had they stood it out ? eleventhly , the defendant and his men , were purposely placed in the city and castle , ( to the kingdomes vast expence ) to this very end , that they might preserve them from the enemy , even with the losse of their lives , rather then the enemy should possesse them to the publike prejudice : and yet this valiant gentleman is so discreetly sparing ( at leastwise of his owne , if not of their lives ) as rather certainly to loose the towne and castle , then to hazard the losse of all or any of their lives , contrary to his very trust and duty . twelfely , might not every governour and generall upon this pretence deliver up any fort , city , town , country to the enemy , without shot or stroke , to preserve the lives of their men to serve the parliament elsewhere ? had colonell massey at glocester , or col. warnslow at plymmouth made this plea , of saving their own and their garrisons lives , to serve the parliament elsewhere , these townes might have been yeelded up upon better articles then bristoll long agoe . had his excellency been acquainted with this frugall state policy by col. fiennes at the famous battels of edgehill and newbury , hee might easily before the fights began , have sounded a parley , and yeelded up all his ammunition , cannons , armes , carriages , colours , drummes , cornets , prisoners to the enemy , and given them the honour of the field , of purpose to save the effusion of christian blood , and reserve the lives of his souldiers to serve the common-wealth in other places , ( there being the same pretence of reason in these cases , as in bristoll : ) and then i pray , what had become of our parliament , religion , lawes , liberties , estates , and lives too ere this ? i doubt they had all been lost by this new kind of saving . and then what service could these men doe the parliament or state when all was certainly lost ? we owe our lives , limbs , fortunes , all we have to our deare countrey , delete this principle out of mens hearts and you dissolve , yea ruine all civill society . it is therefore no excuse at all for the defendant to lose this place of consequence to save a few mens lives , or estates , together with his own . thirteenthly , it is the greatest honour of a governour , a souldier , to die fighting ; to lose his life to save his countrey . the very heathen romans , and tully teach us thus much martiall divinity . dulce & decorum est pro patria mori . but this unmanly governour was cleare of another mind , he will neither hazard his owne , nor other mens lives to save a city , a parliament , a kingdome . better all these were lost then his life , or garrison endangered by any bloudy assaults . and is not then this his principall excuse , the highest manifestation of a degenerous cowardly spirit ? our saviour christ informes us * he that loseth his life ( by adventuring it for his religion , god , countrey , ) shall save it ; yea , and the place committed to his trust , as massey and others have done : but he that will save his life ( or others ) by a cowardly and unworthy surrender , as this gentleman did , shall lose it , and that deservedly by the axe of justice , for such unmanly cowardize . it was caiphas his divinity concerning christ himselfe : it is expedient for us that one man should die for the people , that the whole nation perish not : and it should have beene the defendants honour and integrity to have said the like ; better that i , being but one man ; yea , better my whole garrison had died in defending this noble city , then that the whole nation should perish through its surrender , to preserve our lives . it was the defendants promise before the siege , to die in bristols defence , and lay his bones therein ; but this he now professeth , was spoken onely in policy , to incourage and keep his souldiers in heart , not in realey with any intent to performe it . certainly if it be a signe of a * good shepheard or governour , to lay downe his life for his sheep , his countrey ; it is an undoubted badge of a evill and timerous one , to refuse to doe it after so many promises . this is the defendants case , who would rather adventure his head in a martiall tryall , then his life in a breach , and for this deserves the losse of both . after this we next fell upon the debate of a point of principall concernment ; namely , what should be judged utter most extremity inregard of men , ammunition , victuals , or intenability of any fort , to justifie the governours surrender of it to the enemy ? and whether the defendant were reduced to any such extremity , ere he surrendred bristol ? for resolving of this grand question , mr. prynne alleaged , that his excellencies ordinances of warre determined . that whosoever yeeldeth up any towne , fort , magazine , victuals , ammunition , armes , or that moveth any such thing but upon extremity , and that to the governour , or in councell , shall be executed as a traytor . this is the generall law. now what this extremity is , will be the sole question ; for resolution whereof ( he affirmed ) we need goe no further then to the severall cases of * gomineys , weston , cressingham , elmham , and the bishop of norwich , anciently resolved in parliament , to the late king of swedens millitary lawes , and his excellencies owne explanation this point ( taken out of them ) in the second edition of his lawes and ordinances of warre newly printed , which reduce extremity to these three heads ; ( where there is no absolute present want of men through slaughter or mortality to defend the place . ) first , if the garrison be reduced to an utter extremity of all eatable things whatsoever , so as they have no kind of food whereby to subsist , but must necessarily perish by famine , if they yeeld not presently . secondly , if there be no hope at all left them in such a case of any succour or reliefe . thirdly , if without parlying at the very instant , both the forts , men , and armes must of necessity fall into the hands of the enemy . if the governour can prove by pregnant witnesses that he was really reduced to all these extremities , then he is to be acquitted , but if he faile in reall proofe of any one of these , then he is to be condemned and executed as a traytor , both by the king of sweeds and his excellencies martiall lawes ; and this is the generall law martiall of all nations , approved by our owne common law , of purpose to establish millitary discipline against cowardize , negligence , treachery , which are apt to be varnished over with specious , though false pretences . to prove this definition of extremity , mr. prynne produced the last edition of his excellencies ordinances of warre , then newly printed by his speciall command , and the iudge advocates licence . but the iudge advocate opposed the reading of them , pretending they were not yet approved by his excellency so far as to be used at a councell of warre , and that they were made since the losse of bristoll . to which mr. prynne replyed , that they were printed by his excellencies speciall direction , and enjoyned to be observed by all , ( as appeares by the title : ) having beene first voted and agreed on at a councell of warre ; that the publishing of them in print , by speciall command , was the highest approbation that might be , and it were in vaine to ratifie and publish them , if we might not make use of them at this councell of warre , in a case which fals punctually within their resolution ; and though bristoll was surrendred before the last edition of these ordinances yet this clause which defines extremity , being onely an exposition of the former lawes , and no new addition all law not formerly published , we might & ought to read it of right , to determin this difficulty , for which it was purposely added . but the advocate being very earnest against the reading therof , the councel referred it to my lord generall , whether the explanation in the new printed ordinances and lawes of war should be used at this trial ? who declared his judgement , they should not now be read , or used . whereupon mr. prynne laid downe this conclusion for a positive and necessary principle in warre , that utmost extremity to justifie the surrender of any garrison , towne , fort , or place of consequence , must not be an imaginary , or possible extremity , or a conjecturall improbability of holding out any long time , but a reall , necessary , and present impossibility of holding out any longer against the enemy : affirming , that no governour of any fortified towne or castle ought to surrender the same upon any pretence of extremity , but wherethere is an absolute , reall , and present impossibility of holding out any longer , then that very instant time wherein he makes the surrender . the reasons whereof ( he said ) were very observable , grounded upon the highest principles of policy and warre ; as namely , first , to retard the enemies progresse and conquests , lest a whole kingdome should be lost in a moment , as all england would have beene long ere this , had glocester , hull , plymouth , exeter , and other places , made no longer , nor better resistance then bristoll , though not of such importance to the realme , nor so well furnished as bristoll with all manner of provisions for a siege . a generall of an army , governour of a towne , must defend his part , with respect to the whole kingdome ; and therefore though he cannot hold his ground , or gard his fort absolutely , or for any long space against the enemy , yet he must lose ground but by inches , not give it away by whole townes or countries ; and though he cannot defend his chage still , yet he must hold out till the last minute to stay the enemies progresse , and prevent a sudden totall conquest of the realme . secondly , to spend the enmies men , ammunition , provisions , a long siege , being the usuall bane of any army ; an infinite charge , disadvantage , discouragement to the beseegers , but great advantage , incouragement to the opposite party . thirdly , to give a good president and encouragement to other governours , garrisons , forts , adjacent counties , and to uphold martial discipline therby ; the holding out of a place of consequence ( as is evident by the late example of glocester ) giving great incouragement to the adjoyning places to hold out strenuously to the last , and animating all the party adhearing to them ; whereas the sudden losse , or yeelding up of any eminent city , strikes terrour into all adjoyning townes , forts , counties , who presently wheele about to the conquering enemy , as appeares by the example of bristoll ; whose unexpected surrender drew on the losse of dorchester , barnstable , exeter , dartmouth , with most of the western parts ; and it had hazarded the losse of london , yea of the whole kingdom , had the enemies pursued their victory to london wals , and not beene unexpectedly beaten off at glocester , endangered by bristols surrender , and quite given for lost by col. fiennes and his officers . fourthly , to give advantage of surprising other places , or quarters of the enemies , to cause either a raising of the siege by such diversions , or to get something equivalent to the place besieged , in case it should be lost , or not releevable ; whereas a sudden unexpected surrender forestals all such diversions and compensations of losses . had bristoll beene held out to the utmost , in case his excellency could not have timely releeved it ; yet he might have carried oxford , or surprised divers of the enemies garrisons , forts , men , armes , horse , in other quarters , whiles they were occupied at bristoll , when as its sudden surrender before three full dayes siege , anticipated all diversions , and recoveries in value , to help ballance bristols losse . fifthly , to deprive the enemy of the ammunition , provision , victuals , and magazines in the towne and castle ; which if spent in their defence , to the enemies losse and slaughter , the canons cloyed , the armes made unserviceable to the enemy , they could not have readily beene supplied from other parts , and so the towne and castle might have beene easily regained by a present siege , in case they had not beene seasonably releeved ; however , the victory at least had beene lesse honourable , lesse advantagious to the enemy ; who by an unworthy speedy surrender gained a city and castle ready fortified , victualled , ammunitioned , provided with all necessaries to their hands , fit for present defence , without any cost or labour ; with canon and armes almost sufficient to furnish an army by land , and shipping enough to set out a strong fleet by sea. sixthly , to preserve the adjacent townes , forts , counties , depending upon the holding out of the place besieged , who by a cowardly present surrender may , be in danger to be surprised on a sudden , and taken unprovided of ammunition men , armes , victuals , or sufficient fortifications . if a towne well fortified , manned , victualled , to hold out three months siege in most mens opinions , shall be cowardly yeelded up before extremity , in three dayes space , as bristoll was ; all the neighbouring garrisons , counities , cities , castles , who depend upon its three months defence , are in danger of surprisall , and being taken unfurnished at unawares , as infinite historicall examples evidence ; and the unexpected surrender of bristoll ( as the * relation of glocester siege truly stiles it ) was likely to have indangered glocester , whose vigilant governour would doubtlesse have been better furnished with men , ammunition , victuals , had not bristols over-hasty surrender forestaled his intentions : and who knoweth not , that this surrender might have indangered the losse of london through an unexpected surprise , had the enemy presently advanced towards it , as some advised . seventhly , if any towne be yeelded up before absolute extremity and necessity of holding out longer , there is a most certaine present losse to the state ( perchance irrecuperable for the future too ) but if held out till extremity , there is still either a probability or possibility of securing and preserving it left , even to the utmost minute of its tenability , and that by infinite casualties , contingencies , and passages of divine providence transcending all humane apprehention . as first , by unexpected supplies from other parts : secondly , by diversions , or invasions of the enemies quarters elsewhere , ingaging them to raise their siege . thirdly , by successefull sallies ; fourthly , by extraordinary slaughters of the enemies upon disadvantagious assaults , of which they of bristoll had former experiences , where the enemy lost an hundred men to one of ours , and had neere , flaine and hurt in lesse then three dayes , with the losse onely of seven or eight . fifthly , by sudden sicknesse in the enemies camp : his excellency ( as this defendant affirmed ) had two or three hundred men that fell sicke about this time in his army in one day , and one thousand or more in one weekes space , and the enemies ( for ought he knew ) might have undergone the like mortality . we read that gods angel in one night slew in the king of assyriah his host , an hundred fourescore and five thousand men , and thereby raised ierusalems siege : and for ought the defendant knew , god might have sent an equivalent destroying plague among the goddammee army of cavaliers , who besieged bristoll . sixthly , by unseasonable tempestuous weather , which hath broke up many leaguers . seventhly , by the death or slaughter of some principall officers or commanders . eighthly , by sudden pannick feares and apprehentions of approaching rescues , of which we have an eminent scripture president in the * besiegers of samariah ; to omit prophane histories . ninthly , by sudden mutinies and discords among themselves , which in * scripture , and stories are copious . tenthly , by scarcity of provisions with which the enemy before bristoll was very much pinched as mr savidge deposeth : eleventhly , by want of ammunition , the enemies condition at bristoll , who had spent most of their powder , shot , of which they had farre lesse in their campe , then the defendant surrendred to them in the castle : twelfely , by despaire of successe , for which very reason the enemies had retreated from bristoll in two or three dayes more , had those who entred the line at first been repulsed , as they might have been with ease , though the defendant alledged they had taken a solemn oath , not to raise the siege till they had taken the town ; which might have bin as easily frustrated , as that oath of the iewish conspirators , a who vowed they would neither eat nor drink till they had murdered paul : yet missed of their design . besides all these ( whereof histories afford plenty of examples ) there are infinite other contingencies frequent in story , whereby god out of his divine providence hath many times miraculously preserved forts and cities , even in their utmost extremities , against their potent enemies ; when they have been resolute to stand out to the last , especially in the cause of god , religion , or their countrey . and in such a case as this is , where we may with confidence expect the best , the speediest assistance the lord of hoasts and god of heaven can provide for us ( if we dare rely upon his promises , or providence without distrust ) he deserves not the title of a souldier , much lesse of a christian souldier , governour or commander , who will not trust god to the utmost exigency , and rely upon his power , wisedome , faithfulnesse for seasonable deliverance and reliefe , which the defendant ( for want of faith as well as courrage ) durst not doe , and so yeelded up all . ninthly , if absolute and present impossibility of longer defence , be not made the only rule of utmost extremity , wee shall open a wide gap to the treachery , cowardize , negligence , indiscretion , avarice , ambition , discontent of every governour and commander , to the overthrow of all martiall discipline , and expose the whole kingdome to speedy losse and ruine : it being an easie matter for any governour or commander , how cowardly , false or treacherous soever , to invent many plausible excuses , many forged , supposed , probable extremities , and to finde witnesses under his command to attest them ; and by pretext thereof to betray and yeeld up the most considerable towns , castles , forts , throughout the realm to the enemy without any stroke at all , or after a few dayes counterfeit siege , the better to paliate his treacherous designes : and therefore upon all these grounds , as likewise to reduce extremity to a certainty ; no other extremity ought to be admitted , but only a present absolute impossibility of holding out any longer ; to which the defendant was no wayes reduced , as we have already proved . in opposition to these impregnable reasons , col. fiennes maintained these three paradoxes , sufficient to corrupt and cowardize all governours , garrisons whatsoever , to subvert all military discipline , and betray any kingdome in a moment . the first was this , that when ever the principall rampart of any town was once entred by the enemy , this was a sufficient extremity to justifie both a parley and surrender . but 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 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. . where we read a 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 , b 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 c 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 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 men ( being 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 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 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 . . 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 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 . 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 . r. . n. . . 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 rich. . num . . 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 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 . r num . . 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 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 , but 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 . r. . rot . par. n. . 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 . r. , num . , , . 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 all through his default , was left without people sufficient for to keep and defend the said castle any long time ; which he beseecheth you to take into your just and benigne consideration . also please you to know , how upon a muaday about one of the clocke the enemies came to besiege the said castle , to the number of men of armes , and arblasters genevoyes , and with of the commonalty of the countrey , having nine great cannons , divers engines , and one great mortar-peece , beyond all measure greater then ever they had seen any before in those marches ; and the same houre presently a great number of the men of armes and arblasters aforesaid came before the gates for to assaile the said castle , and at this time ae knight of theirs was slaine , who was cousin to the lord de clifton as was reported , and many others were likewise then slaine and wrecked . and within a short time after they began to shoot with their ordnances and other engines , and so continued their assault from one day to another , that is to say , tuseday , wednesday , thursday , and then were the walls and houses of the castle battered downe and bruised in many places ; and they had likewise by force trenched the ditches of the said castle in three places , so as the water was drained out ; and that night came a great party of them , and by fine force made an assault , and abated the barricado's ; and the next day ( which was friday ) they came about day breaking with all their forces to assault the said castle , but with gods assistance they were yet repulsed with force from their assault , and of the one part and the other were some slaine and wounded . and the same day the marshall of burgone sent to the said william and others of the said castle , to render it ; whereupon having consideration that the said castle could not be kept , as well in regard of the small number of the people , as by reason that the walls in many places were enfeebled by their marvellous ordnance , there was a treaty with the lords to this end ; that the said william and his company might advise themselves against the next morning ; and so they departed each to his owne . also this same night the enemies caused all their ordnances , engines , morter-peece , cannons , and faggots , with scaling-ladders , galleries , and all other necessaries , to be drawne up neare to the very ditch of the aforesaid castle ; and the next day ( which was saturday ) they made all things ready plainly for to assault the plaece : and then first of all sent an herauld to the said william , to know if the said castle should be rendred to them or not ? whereupon the said william , by advice of the wisest of his companions , taking consideration how that the said place was destroyed and enfeebled with their ordnance , and also that they were too few men for its defence , by renson that twelve of their companions were in this time slaine , wounded and sicke , so as there remained of all the people in the garrison in health , but onely men to defend the same : hereupon by common assent the said castle ( which could be kept no longer ) was by force surrendred , for to save their lives granted to them , and their goods : and that all these things aforesaid are true , the said william puts himselfe upon his proofe , according to your most discreet ordinances . also it is to be remembred , that when the said castle was thus rendred as aforesaid , certaine french people bargained with the said william for his victuals , to buy them , together with certaine prisoners which the said william held imprisoned within the said castle , for which things he received of them for his payment franks ; of which he paid to his companions for part of their wages which was behind unto them for one quarter of a year● and an halfe , franks ; likewise after was paid at calice for the victuals of the said castle before that time due , franks : also for the passage of the said william and of his companions into england , and likewise for the expences of the said william being at calice franks : and therefore the said william prayeth in this regard your justice and benignitie , seeing by envious suggestion he hath against all reason been accused , whereby his estate and name , by the grievous sinne of mis-informers , and he also is ruined ; having likewise consideration , that out of his proper goods he hath for the greater part paid his companions their wages which were due unto them as aforesaid , and also for the great costs he hath been at before this time , for to victuall the said castle , ( for which he hath given his obligations in divers places , and oweth great summes , by reason whereof he is on all sides undone , if your just benignities doe not succour him ) that you would be pleased for gods sake , and for pitie , to ordaine likewise for him , that he may by your discreet noblenesse recover his estate and goods . also the said william weston sheweth , how the first day when the enemies came before arde , that he went in haste to calice unto the captaine , and desired of him more succour and aid of men , for the better guarding of his fort of outhrewyke , and to defend it if the enemies should come thither ; and the captain answered him briefly , that he would not deliver nor give him aid nor succour at the said time , because he doubted that the said enemies would come before the towne of calice . but notwithstanding all these pleas , the lords in this parliament , together with the most valiant and discreet knights and other members thereof , after good and mature deliberation hereupon , delivered their judgement and resolution against weston in forme following . it seemeth to the lords aforesaid that you william , who had taken upon you safely to keep the castle of outhrewyke , as before is said , that you have without any duresse or default of victuals evilly delivered and surrendred the same to the enemies of our lord the king , by your owne default , against all apparent right and reason , and against your allegiance and undertaking aforesaid ; and having by due information read the case of the late baron of graystock , who was a lord , and one of the peers of the realm , who had taken upon him safely to keep for the foresaid grandfather the towne of barwick : the said baron perceiving afterwards that the said grandfather addressed himselfe to goe into the realme of france , the said baron ( without command of the said grandfather ) committed the said towne of barwick to a valiant esquire robert de ogle as lievtenant to the said baron , for to keep safe the said towne of barwick to the said grandfather , and the said baron went as an horseman to the parts of france to the said grandfather , and there remained in his company : during which time an assault of war was made upon the said towne of barwick by the scots , and the said robert as lievtenant of the said baron valiantly defended the same , and at last by such forcible assaults 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 or able men more in the towne , whom he might have imployed in its defence . thirdly , there were enemies before it , as many or more then were before bristoll , and but men onely in the castle to defend it ; whereas there were foot and 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 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 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 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 : . 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 . e. . stat. . & . h. . rot. parl. num. . . 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 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 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 or foot out of bristoll , in lieu whereof the defendant raised or at the least , besides those from malmsbury . secondly , that when he sent forth that regiment he had an independent commission , and could not be enforced to it , not ought to have sent them if the city were thereby endangered , without speciall command from the parliament or his excellency : his sending out then of this regiment being his owne voluntary act , ( as his owne letter to colonell popham attests , and he confessed ) it is cleare that himselfe onely was the losse both of bristoll and the west ; and if there were no other evidence , this alone would endanger his head , it being capitall by all laws of war for any governour to send out his garrison , or to absent himselfe from his charge , without speciall command , if the place be by this means lost or surprised , as was adjudged in parliament in the case of the baron of greystock cited in westons case ; of the earl of northumberland * henry percy in . r. . and others : vpon which ground we find the governour of calice refused to part with any of his garrison for the defence of outhrewyke castle : and the reason is apparent , because if governours might draw out their garrisons , or desert their charges at their pleasure , their forts might be easily surprised , betrayed , and a gap opened to infinite treacheries ; so that in this confession we may see the just hand of god upon this slanderer , who by endevouring to impeach sir william waller , hath thus made an halter to hang himselfe , and thereby acquitted him from all imputations of the losse of bristoll or the west . secondly , he produced his cousin captain temple to testifie , that a gentlewoman of his acquaintance , and of kin to colonell fiennes , overtook another gentlewoman upon the high-way , newly come from oxford , of whom asking what newes , she answered , that the greatest newes now at oxford was , that though sir william waller had occasioned the losse of bristoll and the west , yet col. fiennes was like to suffer for it , and become his sacrifice ; who being the great diana of the people , and so necessary a man to the parliament , now in the field with an army , they would forbeare to question him , and sacrifice col. fiennes , to humour him and his party . to which mr prynne answered , first , that this extravagant report , testified onely at the third or fourth hand , was no evidence at all , and savoured rather of a direct plot to traduce sir william waller , then to justifie colonell fiennes . secondly , that all the western gentlemen had a quite contrary opinion of this businesse , that bristoll and the west were lost by the defendant , not by sir william , as appeared both by their extraordinary respects unto him , and present imployment of him to regaine the west . thirdly , admit this fabulous report to be bruited in oxford ( to asperse sir william , the parliament , and justifie the defendant ) yet it signified no more , but that colonell fiennes had better friends and respect at oxford then sir william waller , perchance for his good service in surrendring up bristoll to them at so easie a rate in so short a time , ( enough to purchase him both friends and favour at the court ) where sir william was not so gratefull , because he never did them so great a courtesie , or good peece of service , nor the republike so grand a mischief . thirdly , colonell fiennes for a conclusion of his defence , had the impudence to informe the councell , that this trouble , prosecution , and disgrace had never befallen him , but for that constant affection and service which he and his family had alwayes shewed to his excellency and his army , for which sir william waller and his party did maligne him . to which mr prynne replied , that this was a most false , scandalous , seditious speech , discovering who they were that raised , fomented , the late unhappy differences between his excellency and sir william , and to what finister end ; that nothing could be uttered more effectuall to set all the parliaments severall armies into a faction against one another , in stead of joyning against the publike enemy , and therefore having neither the least ground nor proof to justifie this calumny , he desired he might be exemplarily proceeded against for it . in fine , after some impertinent hear-say proofs , what opinion the enemies had of his valourous defence of bristoll , and the intenability thereof , ( which were then fully answered by the proofes themselves ) and a recapitulation of all the heads of his defence , he concluded with this peroration . my lords , i have at last ended my defence , and ( as i hope ) sufficiently cleared both my honour , valour , and fidelity to the state in the defence of bristoll : and now i beseech you to consider , whose honour or life can be in safety , if lawyers ( feed by their owne malice ) may fift and turne up all his actions , and snarle at his words if such who are no souldiers , may upon the information of atturnies , and testimony of shop-keepers , ale-wives , enemies , but of no souldiers at all , ( except such who appeare out of particular spleen ) be brought thus upon the stage for their lives , and the great priviledges of parliament broken by such an impeachment of a member of it , which could not be paralleld but by that accusation of the five members . wherefore i desire , that as i have served my countrey faithfully , and done many good services for it , so i may by this honourable councell be justified in my faithfulnesse , and repaired against the prosecutors in my honour , more deare unto me then my life , that so after all my publike services , i may not now be cast behinde the doore like a dish-clout , unfit for any further imployment . to which mr prynne replyed , first , that he wondred much why the defendant should thus except against him as an unfitting prosecutor , since himselfe ( without his privity or desire ) had by a proclamation under his excellencies hand and seale , posted up at westminster and the exchange , selected him and mr walker by name to prosecute this businesse against him ; if then we were unmeet prosecutors , it was his owne not our errour , and he must blame onely his owne judgment in the choice , not us . secondly , that though he were but a common lawyer , yet he deemed one of that profession a very fit prosecutor of him who had betrayed his trust , and in it the kingdome , contrary to law : and whereas the defendant scandalously objected , that he was feed by his owne private malice , he protested , that there was never any malice , nor cause therof between them ; that he formerly honoured the defendant for his pen , but never for his sword , and bestowed some courtesies on , though he never received any from him ; that he was born not far from bristoll , bred up some years therein , had many friends , kinred , in or near it , who lost much , and himself not a little , by its surrender ; that nothing had ingaged him in this prosecution but the defendants owne summons , nor feed him but the publike service of the parliament , and security of the realme , that although he had lost and suffered much for the church and state , yet he never received nor expected the least recompence , much lesse reward from either , nor ever had any pay for publike services , whereas the defendant received good wages for all his services , and for losing bristol too : that himself had never lost any thing of the states , as he had done , but onely what was his owne , ( his liberty , calling , estate , members , ) and that only for doing the church and kingdom service , neither of all which the defendant had parted with for the publike : and therfore whereas the defendant boasts of his publike actions , he could without vanity or prejudice truly affirme , he had done ten times more service for church and state , and suffered a thousand sold more for both , not onely gratis , but even with the losse of all his earthly comforts , then this boaster had done upon pay ; and that he doubted not through gods assistance he should be able to doe the church and state as good or better service for the future , as he ; wherefore he had little reason to extoll himself so much , or depresse him so low , as not to be a fitting prosecutor of such an unworthy action . that though he were no professed souldier , yet he doubted not but he had read as many or more treatises of military affaires as himselfe ; that he had for eight yeares space of his restraint in the tower of london and mount orguiell castle , conversed with old souldiers , ( and by name with sir william balfoure for five yeares in the tower ) from whom he gained so much experience in martiall affaires , as he would have undertaken to have kept the city and castle of bristoll till this day , had he been governour there as the defendant was , notwithstanding their pretended intenability , and the enemies power : that in the managing of this very businesse before this honourable councell , he had in sundry particulars manifested himselfe , if not a better , yet at least as good a souldier as the defendant , ( for which he appealed to the councell ) and in regard of his long suffering and restraint in castles was the ancienter souldier of the two : that the defendant had confessed to lievtenant col. paleologus and andrews , when he first undertook the government of bristoll , that he was no souldier , and his yeelding of it up in so short a time , before extremity , upon such poor conditions , manifested him in truth to be no man at arms ; and therefore though he were no professed souldier , yet why he should not be a souldier sufficient to prosecute him who by his own confession and action is no reall souldier , he could yet discern no reason . for his witnesses , whom he here vilified and traduced , they were many of them persons of quality and honour , some of them members of parliament ; others , more expert souldiers , and persons better versed in martiall affaires , then any of the defendants witnesses ; all of them persons of good fame and conversation , dis-interessed , dis-ingaged in the cause , against whom no exceptions can be taken : whereas all his materiall witnesses were his owne officers , brother , kinsmen , servants , creditors , and parties in the cause , most of them involved with him in the self-same guilt . that his life and honour were now drawne in question only by himselfe , upon his owne motion and engagement of us , and if he lost them ( as he lost bristoll ) he might thank himselfe for interessing us in this publike service , for our countries honour and future security , the onely thing we aimed at in this present prosecution . that his pretended breach of priviledge of parliament was but a fancie , already answered and over-ruled in the commons house , who referred him to a triall before a councell of war by two severall orders upon his owne motion and pretended voluntary waiver of his priviledge , before any impeachment put in against him ; which impeachment was first tendred to the house of commons , who upon the reading of it with one unanimous vote referred it to his excellency , to be proceeded on by a free and fair hearing before this honourable councell ; and if the proceedings on this impeachment upon his owne motion by the commons direction be a breach of priviledge , it is onely in himselfe and the parliament , not in us ; and it hath no more resemblance to the case of the five members then an ape to a lion : that he was now questioned , not for his faithfull but unfaithfull service to the republike and parliament , in the surrender of bristoll , in which he presumed he durst not manifest himselfe so far a papist as to plead a justification by works , or absolution by preceding merits . that he needed not to crave reparation of his honour and reputation from us or any other in this case , since they were both impaired and ruined by himselfe through this ignoble action : that he had given the whole kingdome an incurable fatall wound , an irreparable losse ( which the losse of his head and estate could no way recompence ) by this surrender , for which in the whole kingdomes behalfe we here demand judgment against him according to the quality of his offence : that our services for the republike were every way equivalent to , if not transcending his , our credits , our reputations , as deare to us as his to him , which we hoped should no wayes suffer for our zeale and fidelity in this publike prosecution upon our owne expences , without thought of recompence . that if the defendant should be pronounced guiltlesse by this honourable councell , after so full a charge and hearing , he was obliged to us for bringing him to such a publike vindication of his suspected fidelity , which else would have layen eclipsed under a black cloud of jealousies : but if he were pronounced guilty of the impeachment , ( as we made no doubt he would , the evidence being so cleare , the proofes and presidents in point so punctuall ) we should deserve thanks , if not from him ( who pretended a desire to be tried to the uttermost ) yet at least from the parliament , kingdome , and our native countrey , for bringing such a grand , politike , daring delinquent to his triall and condigne judgement , who by surrendring bristoll hath endangered the losse of three whole kingdomes , and of our lawes , religion , liberties , lives , and present parliament . and now ( my honoured lords and gentlemen ) lest we should incur your just censure ( according to the defendants doctrine ) for stouting out this cause over-long , which by the defendants tediousnesse hath-lasted nine dayes dispute , ( though the cities siege continued not three full dayes ) we shall close up all in a word or two : we render you many hearty thanks , in our owne and the kingdomes names , for your nine dayes paines , patience , and that faire , honourable , impartiall hearing , you have afforded both parties in the triall of this great publike cause , in which the whole realme is interessed , and whereon their eyes are fixed ; not doubting but as you have granted us a most full , faire , indifferent hearing , so you will in due season ( after serious perusall of your notes and the evidence on both sides ) give such a just and equall sentence , as shall chronicle your justice to , and make this case a leading president for all future times , to deterre all governours of townes or castles from cowardly , traiterly , or unworthy surrenders of them . thus ended the long debate of this great cause , begun on thursday the of december . and concluded on saturday december . after which both parties were ordered to attend the councell againe on friday following being the of december , to heare sentence , the councell desiring so much respite to peruse their notes and prepare their iudgment . who sitting againe , and we attending them , on the designed day , the councell first delivered their severall judgements of the cause among themselves in private ; after which colonell fiennes was disarmed at the councell-chamber-doore , ( whereat he was much appalled ) and then he and we being called in , the iudge-advocate read his sentence out of a paper in haec verba . colonell nathaniell fiennes , you have been arraigned and convicted before this honourable councell , for surrendring and delivering up the towne and castle of bristoll , with the forts , magazines , armes , ammunition , victuals , and other things thereunto belonging , and for not having held the same to the utmost extremity , according as by your duty you ought to have done ; for which offence this honourable councell hath adjudged you to be executed according to the tenour of the articles of warre , by having your head out off . god have mercy on your soule . the defendant astonished at this sentence , told the councell in an insolent manner , that he little expected such a sentence from them ; and ( as if he had been their controller ) demanded upon what grounds and reasons they thus condemned him ? and whether they did allow of our paper-witnesses , or disallow the testimonies of his officers ? whereupon all being commanded to withdraw for a short space , and then called in againe , the defendant was told , it was against the stile and honour of the councell , to be demanded the reasons of their judgement after it was once pronounced . vpon this the defendant ( prompted by his brother ) alledged , that he was a parliament-man , and claimed his priviledge , that he ought not to be condemned without the privity of the commons house , to which he appealed against this sentence , and desired his appeale might be entred . to which mr prynne answered , that he had formerly appealed from the parliament ( the ancient proper iudge of his cause ) to a councel of war , and by his own voluntary motion waived his priviledge to put himself upon this triall , as appeared by two orders of the house ; therefore he could not now appeal back again to the house , or resume or claim his waived priviledge after judgment . notwithstanding upon his request his appeale was entred ; yet a guard was set upon his person at his lodging ; and upon better consideration he sent to withdraw his appeal that night , ( though the councell assented not to it ) being well assured that the parliament would confirme the sentence , and perchance see it put in due execution . the prosecutors protesting their sorrow for the defendants folly , in pulling such a sentence on his owne head through his vaine pride and ambition to justifie himselfe , left him under restraint , and returned early next morning to london : where the first newes they heard , was , that the defendants friends had reported over all the city , the very evening the sentence was given , some houres before it was pronounced ( by way of prophesie , or policie rather ) that colonell fiennes was absolutely acquitted by the councell , and came off with such honour as none ever did before him ; that not one of the articles was proved against him , his prosecutors very much blamed , and ordered to aske him forgivenesse at the least , if not to undergoe some heavie punishment for slandring him ; which reports were averred with so much confidence , that the newes of his condemnation would hardly be credited at first , till our relations of the truth of his sentence to some members of the house , seconded with letters from saint albans , and some of the councells owne attestations , quite allayed this false allarme by degrees . after which the defendants friends and partisans altering the scene of this unexpected tragedy , confessed he was in truth condemned to lose his head , but yet he was absolutely acquitted by the councell of warre from the articles exhibited , and all pretences of cowardize or treachery , and condemned onely for not firing the citie , which his tender conscience , and care of the parliaments honour , would not permit him to turn into ashes , to the ruine of many innocents : and withall they further bruited , that the defendant was wholly acquitted by three of the ancientest best experienced souldiers and religious party in the councell , and condemned only by some of the younger deboister colonels , &c. casting sundry grosse aspersions both upon the prosecutors and councell , to their intolerable disgrace in all places , companies , with incredible impudence , ( young sprigge a minister presuming to censure both the councell , prosecutors , and sentence , in the very pulpit , ) making lyes their refuge to over-top the truth . to make these false reports more currant , they likewise reported , that the colonell was set at liberty and pardoned within two dayes after his sentence by his excellency , who therby declared him innocent and unjustly condemned . hereupon the prosecutors to vindicate the councell and themselves from these impudent scandalous reports , ( divulged with so much confidence , that they passed every where for currant truths ) drew up and exhibited this ensuing petition to the house of commons . to the honourable , the knights , citizens , and burgesses in this present parliament assembled , the humble petition of clement vvalker and william prynne , esquires . sheweth , that your petitioners , by publike proclamations ( posted up at westminster and the exchange ) and by private summons , were involuntarily engaged by colonell nathaniell fiennes ( who by severall orders of this house , upon his owne spontaneous motions , put himselfe upon the triall of a councell of warre , declining the parliament , though a member of it ) to exhibite articles of impeachment against him , not out of any private interests , but onely in the kingdomes behalfe ; that he , contrary to his trust , duty , and sundry promises , to defend the city and castle of bristoll ( of which he was governour ) to the uttermost extremity , to dispute every foot , yea inch thereof , with the enemy ; to lay his bones therein , and to make his flag of trace his winding-sheet ; did most cowardly and traiterously surrender the same with all the ammunition , cannon , armes , magazines , provisions , prisoners therein , and the very colours too , into the hands of prince rupert , and other common enemies of the kingdome , upon the entring not above one hundred and fifty enemies within the line , at a place worst fortified and guarded ( who all gave themselves for dead men , and might have easily been cut off at first ; ) and that before any one of the out-sorts taken , the wals of the city or castle once battered , assaulted , or the siege thereof continued three whole dayes , ( though he wanted neither men , ammunition , nor victuals , to have defended the same for three moneths space or more , against all the enemies power ) to the irreparable dammage of the republike , the losse of the western parts , the hazzard of the whole realme , and infinite inriching , strengthening , advantaging of the common enemy both by land and sea. vpon which articles , after a full and honourable hearing for nine dayes space , before a councell of war at saint albanes , the said colonell the of december last was found guilty of the premises , and judgement pronounced against him , that his head should be cut off . yet notwithstanding some friends of his , to blemish your petitioners , and that honourable councells just proceedings , have confidently reported in london , westminster , and elsewhere , that your petitioners did retract all , and could not prove any of their articles ; that they cryed peccavi , asked the colonell forgivenesse ; ( who made such a brave defence , and came off with such honour as never any man did before him ; ) that he was absolutely acquitted from all cowardice and treachery , and condemned only for not firing that famous city , which his conscience would not permit , nor the parliament in honour could not have suffered him to doe ; that his guard continued upon him but two dayes after sentence , that he is already set at liberty , pardoned , ( though we humbly conceive no person can * pardon his judgement in this common case , without speciall order of both houses , ) and shall shortly sit in the house againe . by reason of which false reports , your petitioners for their cost and paires in this publike prosecution , have been much defamed ; his excellencies , and the honourable councell of warres proceedings insufferably traduced , truth disguised , the well-affected party discontented , malignants mouths opened to complaine of partiality , the honour and justice of the high court of parliament principally interessed in this triall ( directed by severall orders of this house ) blemished , and a high-way prepared in these perillous times ( which daily produce new monstrous plots to undermine us ) to betray all forts , and cities yet remaining in your power , through treachery or cowardice , if this signall leading president , of grandest publike concernment , shall be thus openly traduced , and the execution of it so suddenly , so sleightly passed over as is reported ; especially since the condemned delinquent hath both in speeches and printed relations justified this his unworthy action to the utmost before this honourable house , the councell of war , world ; not yet making the least acknowledgment of , submission or satisfaction for the same ; and denied at the triall that colonell essex was ever covernour of bristoll , or that he did apprehend or remove him , or that himselfe was ever governour of this city and castle , or undertook to defend the same , or had any commission to keep it , but onely to keep his souldiers in order : the contrary of all which appeared by his owne evidence , and that he had twice sent for , received , accepted an independent commission , by all possible wayes and meanes to provide for the defence and security of the same city against all enemies and opposition whatsoever : and when his sentence was pronounced , he appealed from it to the parliament , which he had formerly declined , arraigned his iudges after sentence , by demanding the reasons of their judgement , ( which he said he little expected ) and what witnesses they allowed or disallowed ? and most injuriously attributed the losse of bristoll and the west , with our prosecution of this cause ( proceeding meetly from his owne sollicitation ) to an honourable member of this house , now imployed in great command with happy successe ; most falsly averring to the councell , that he was thus eagerly prosecuted by your petitioners at sir william wallers instigation , onely for the great affection which he and his father did bear , and the good services they had done to my lord generall and his army . in tender consideration whereof , they humbly supplicate this honourable house to take the premises into your just and serious examination , that so the authors of these false reports may receive such exemplary punishments as may deterre others from like slanders ; your petitioners , and others defamed by them , such just reparation in their honours , as may encourage them to doe your honourable house and the kingdome further service ; and the delinquent such impartiall execution , as shall most redound to the parliaments , republikes future security , and prevention of offendors of this nature , without which no safety can be expected . and your petitioners shall ever pray , &c. clement walker . william prynne . which petition being published in print , conjured downe the former false rumours , and forced the shamelesse slanderers to pull in their lying tongues for a season : but not long after britannicus ( bribed by the defendant or his partisans ) most impertinently and unseasonably pleaded this condemned persons innocency and pardon , notwithstanding his censure ; making his pretended pardon ( if granted by his excellency ) without the houses privity a meere act of justice , not of grace ; for which he received a just check in print ; vpon this britannicus not only pleads for him the second time against the check , but the colonell himselfe assumes the boldnesse ( instead of lamenting , acknowledging his grand state-ruining offence ) once more to justifie himselfe , and censure both his iudges and prosecutors , in a printed pamphlet inscribed , a checke to the checker of britannicus , or , the honour and integrity of colonell fiennes revived , re-estated , and cleared from certaine prejudices and mistakes , occasioned by the late misreports , &c. london printed by andrew coe , . that this treatise was penned by himselfe , is cleare by the stile , by his owne expressions in it uttered at his triall , the catalogue of the witnesses produced on his part , and this equivocating passage in the preface to all the well-affected partie in the kingdome , viz. rather then a gentleman should by his owne patience and modesty suffer his blood to be thus hunted to the last drop ( though for my owne part i never saw his face ) yet having seen the transactions and prosecutions of his businesse , i shall write not to contradict , &c. but to state the condition of a sentence , &c. doubtlesse no man can be so sottish as to imagine that britannicus ( to whom some attribute this treatise ) never saw col. fiennes sweet face , much lesse that this pamphlet was writ by a meet stranger , who never really viewed his physiognomy ; for why should any stranger be so zealous for a condemned person whom he never beheld , as thus professedly to plead his cause in his owne words ; or how could he come to know the transactions , prosecutions of this businesse , and names of his witnesses , as they are there related , being never yet published in print ? therefore this equivocating passage proves it was penned by himselfe , who never saw his own face really , but onely the shadow of it in a glasse , though he might haply view his ruby nose without a mirrour . the whole scope of this new check-worke is , first , to justifie this delinquents innocency against his censure , to lay an aspersion on his iudges and the law of warre , by which he was condemned , the whole contexture tending to prove he had * summum jus , and so summa injuria in his condemnation ; that the law of war is unjust , yea against gods law ; and that he was condemned for not holding bristoll to the utmost extremity , not according as extremity is commonly taken and received , but according to the strict martiall interpretation of extremity ; for obeying the law of god before the law of war , in not burning to the ground the second city of the kingdome , and for not doing so much evill that good might come of it : whereupon he professeth himselfe no delinquent , but a just person , notwithstanding his condemnation , in these very termes ; i am farre from writing an apologie for a delinquent , and as far from writing a delinquency on a ivst person : ( o strange self-iusticiary , o most impudent affronter of iustice ! ) but whether he be such an one or not , the premised relation , and subsequent depositions , will soon discover to his shame . secondly , to magnifie his owne ( unknowne ) valour , and to applaud himselfe , as a a person enabled with excellent gifts and endowments , deserving highly of the republike for his former valour and services , &c. a pretty modest trumpeter of his owne praises . thirdly , to asperse his prosecutors with injurious calumnies , who only for craving iustice against this impenitent obstinate malefactor ( who will neither confesse nor lament his realme-ruining offence ) are falsly branded with the titles of hunters after the last drop of his blood , men destitute of charity , bribed lawyers , sad and fatall instruments of malignants , wittingly or ignorantly put on by : some malignant , or iesuiticall spirit to fement divisions ; to carry on the grand designe of the enemy , &c. whereas their fidelity and services to the state , their opposition against malignants , and their mischievous designs , ( which the defendant hath advanced more then any man ) with their patient , unbloody , charitable deportment after so many publike defamations , and unsufferable affronts to publike iustice , might have demerited better language from him , who endeavoured ( out of his abundant charity ) to deprive them both of their liberties , reputations , members , lives , ( had he been acquitted ) only for impeaching him for this dishonourable surrender upon his owne engagement . fourthly , to ward off his feared execution of his demerited sentence and crave the allowance of his pretended pardon , to save his unworthy life ( which he refused to hazard to preserve the kingdome in holding bristol ; ) when as a man of true valour and honour would rather have lost a thousand lives , then endeavour to save one by such ignoble shifts and impudent false apologies . it is not our intention to give any particular answers to the arguments produced in his check , whereunto this whole relation of the tryall gives the mate ; only we shall briefly examine the validity , detect the absurdity of the two best arguments of his innocency deduced from his sentence and pretended pardon , not formerly answered , being since the tryall , and so conclude . his argument from his sentence is this : the article of warre is the hinge upon which the sentence only moves : here is no concomitant expression of cowardize or treachery , so as the guilt is externall , and not internall ; a guilt of disproportion and want of commensuration to the article : and he was condemned to lose his head only for not holding out the town to extremity in a marshall interpretation , according to the very article of warre ; for not firing the second city of the kingdome , and for obeying the divine law of god against the law of warre in not doing so much evill , that good might come thereof : ( so he most absurdly falsly and scandalously argues , ) ergo , the surrender was neither cowardly nor trayterous . to which we answer : . that this is the first argument we ever yet heard of this nature , that a mans very sentence of condemnation , should be a declaration of his innocency in that for which he was condemned . i am condemned only according to the letter and true meaning of the law : ergo , i am innocent , guiltlesse , and deserve a pardon ; ( the whole substance of this argument ) is such a nonsence contradiction , as becomes none but such who have lost their heads , as least their braines . secondly , the very sentence expresseth , that he was arraigned and convicted before this honourable councell , for surrendring and delivering up the town and castle of bristoll , with the forts , magazines , armes , ammunition , victuals , and other things thereunto belonging , and for not having held the same to the utmost extremity , according as by your duty you ought to have done : ( this is the only ground and reason of the sentence : ) for which offence this honourable councell hath adjudged you to bee executed according to the tenor of the article of warre , by having your head cut off from your body ; so as the article of warre , is made the rule only of the iudgement and execution , but the not doing of his duty the crime , and ground of his iudgement , by the very words of the sentence : so that all his large discourse that he was condemned only by the rigor of the article of warre , which is summum ius , is a mecre wilfull calumny . thirdly , whereas hee principally objects ; that the sentence chargeth him not with the concomitant expressions of cowardize or treachery : therefore he was guilty of and condemned for neither . the answer is very cleare , that he was condemned for both by the very sentence : for it recites , that he had been arraigned to wit , upon our articles of impeachment , which expresly charged him that hee had trayterously and cowardly surrendred the city and castle : upon which impeachment hee was both convicted and condemned to lose his head : now if the surrender had not been traytorly and cowardly , he could neither in law nor equity have been convicted or condemned upon this impeachment , but acquited . his condemnation therefore being grounded on , and his sentence relating unto our impeachment : hee must of necessity bee guilty of treachery and cowardize ; and though the very words be not expressed in the sentence , yet they are necessarily imployed in this clause ; for surrendring and not holding out the same to the utmost extremity , according as by your duty you ought to have done : for he that surrenders a fortified town before utmost extremity contrary to his duty ; must of necessity bee interpreted to doe it out of treachery or cowardize , or both conjoyned ( cowardize being the greatest betrayer of trust ) and the only reason why the law marshall makes such a surrender treason , punishing it with death , is , because it presumes it traytorly and cowardly : yea the sole cause why these expressions were omitted in this sentence was , because they are not mentioned but meerely implyed in the article of warre it selfe , by which the sentence was drawn , and to avoyd prolixity in reciting that at large which is necessarily understood and supplyed by other words . fourthly , whereas hee saith , his guilt is externall , t is very true ; the whole kingdom beheld his cowardize and treachery with griefe , yea detestation , and thought him worthy to suffer for it : but that it was not internall , is but his own averment , which his externall guilt disproves ; and himselfe confessing that he was externally guilty ( and for this most justly condemned according to the letter of the law ) he may be as justly executed . fifthly , for his pretended mortall equity to extenuate his offence ; that he must have fired the city to the ground , &c. it is but a meere groundlesse argument ; and an insufferable aspertion both to the parliament and honourable councell , he being neither accused nor condemned for not firing the town , but for not holding it and the castle to extremity , which he might easily have done without burning it to the ground , as the premises demonstrate . the last argument of his guiltlesnesse ( on which he principally relies ) is his excellencies pretended pardon , whereon he hath made a large comentary . to which wee shall give these answers , we hope without offence to any . first , that we are not assured that the defendant hath any reall pardon of his sentence ; the rather , because the house of commons whereof he is a member , and which referred him to his tryall , was never yet acquainted with it , nor privie to its granting , for ought we finde in the journall book , as we conceive of right they ought to have been , at least wise by the defendant , who hath forfeited the benefit of it , by this slighting of the house . secondly , admit he hath a pardon from his excellency , yet then we may justly question : . whether it was not surreptitiously procured , upon meer misinformations , of the defendant , or his friends ( his lordship being not present at the tryall ) which mis-informations ( over-frequent in all ages ) nullifie the kings own pardons , charters under the great seale of england ; much more his excellencies , by like reason ? ly , whether it was not penned , at leastwise altered , corrected by the delinquent himselfe ( or some neare friend of his ) before it passed his excellencies signature ? the whole contexture savouring of his stile , containing many expressions verbatim , which he used in his defence : and his bold commentary on it , giving us some grounds of conjecture , that he first made or corrected the text it selfe , before it was authentick , it being frequent in other cases to doe the like . ly , whether the copy printed by him , be agreeable to the originall pardon ? the record whereof being no where extant to our knowledge by which we may compare it , and the &c. in it assuring us , that something is concealed in the printed copy which would have made for our advantage , if recited ? now if all or either of these prove true ( as we doubt not but they will upon due examination ) that this pretended pardon was surreptiously obtained by misinformation ; or perused , corrected , by the delinquent or his friends ; or the printed copy of it , false or maimed ; his arguments from and glosse upon it , will rather discover his fraud and guiltinesse , then vindicate his valour , fidelity or innocency in this action . thirdly , we answer , that the pardon recites how his excellency by vertue of an ordinance of both houses of parliament hath given and granted to the said colonell a free and full pardon of all manner of offences , errours , and oversights committed in the said surrender of the city and castle of bristol . but we never yet heard of any such ordinance of both houses authorizing or allowing this defendants pardon , having cause to believe that the houses will be very cautelous of granting or allowing any pardon in this case , which so highly concernes both houses , and the whole kingdomes safet , by reason of the ill consequences it may produce . we read in emanuel a meteranus , b grimstons history of the netherlands , thuanus and others , anno. . that van hemert a very wise and brave young noble-man , one of the chiefe houses of the netherlands , and governour of the town of grave , together with two of his captaines , du banck and korfe were imprisones , condemned by a councell of warre , and then beheaded and executed at bommel by command of robert dudly earle of leycester ( governour of the law-countreys under queen elizabeth of famous memory ) for that they surrendred the said town of grave to the prince of parma , when he had besieged it above three moneths space , with a puissant army and beaten down the wals of it leavell to the ground with perpetuall batteries and assaults : and although there appeared no treachery at all , nor any intelligence held with the enemy , in this case , and that the governour condescended to a treaty and surrendred the town to the enemy only upon the citizens importunity , who earnestly intreated him upon their knees with teares in their eyes to embrace a parley , for the saving of their lives , estates , and liberties , which were granted them upon the articles of agreement ; and although the garrison souldiers likewise marched away with their armes ( which they left behinde them at bristoll ) and had all the articles punctually fulfilled ; and although himselfe and his potent friends earnestly besought the earle of leycester , that he might serve the queen of england either by sea or land , at his own charges , and by his valour and fidelity make recompence of his fault committed only through want of understanding and marshall pollicy , contrary to the will and intent of the earle then governour generall under the queen , yet the earle , for upholding martiall discipline , and to prevent all future surrenders of this kinde , would on no wise dispence with the execution ; whereupon they were all there openly beheaded at bommel , iune , . , which was held a good example , to the great furtherance of marshall discipline , which at that time was much decayed . and whether these times call not for a like example ( when so many treacheries and acts of cowardice break forth in sundry places to the endangering of the state and parliament ) we submit to the determination of the supreame councell of the realme to whose descition it properly belongeth , to pertermit or hasten the defendants execution : who shewed farre more cowardice at least ( if we say not treachery ) in surrendring bristol in lesse then nine dayes siege , then van hemert did , who held out grave above three monthes , till the wals were demolished , and yet then marched away withall the garrison and their armes too ; and then most governours else have done : the very inconsiderable small town of lime standing but in a hole , and having no considerable works about it , or provisions in it comparable to bristol , together with warder castle , and other places , holding out more moneths against the enemies stormings and assaults , then the great city and castle of bristol under his command held out dayes ; yet hee will needs justifie to the world both in his c answer and printed pamplets ( with how little truth or colour let all men judge , ) that he held it out to the utmost point , not only of duty , but also of honour , that any souldier could or ought to have maintioned the same . fourthly , wee answer , that the suggestions and principall grounds of the pardon relating to the prosecutors , and counsells sentence , in the sence they are pressed and made use of , are meare misrecitalls , misinformations , ( which vitiate the pardon ) as all the premises , and succeeding testimonies evidence ; as for his excellencies own testimony of his integrity in the scottish negotiation , ann. , and endowments for other imployments in the state ; they are no convincing arguments of his courage , integrity , or extenuations of his cowardize and treachery in surrendring bristol ; nor yet his pretended valorous carriage at keinton field attested by sir william balfour , as we have formerly evidenced . therefore there is nothing in his pardon that can any way acquit him from cowardize or treachery in the surrender of bristol . and the words other imployments , &c. discover , that his excellency deemes him a better commissioner then souldier , and we wish he had shewed himselfe either a good treater or commander at bristoll , where he was neither one nor other , for then we are certaine , hee would never have yeelded up all the ammunition , canon , magazines , armes , prisoners , and colours to the enemy , together with the city and castle , before any one for taken , or any one assault so much as given , or canon shot made against the city or castle walls , which had armed garrison souldiers at the least , then ready to defend them . in fine , both his sentence and pardon ( be it what it will ) are apparant demonstrations of his guilt and capitall offence . and whether his carriage in this action hath been so valorous , so free from all umbrages of treachery , as may justly demerit an a absolute pardon and discharge from the execution of his capitall punishment ; and such a speedy release from all future imprisonment , restraint , and likewise from all further impeachment , or prosecution concerning the said surrender ; ( at leastwise from giving any account of the many vast sums received by him at bristol ; and the debts he there contracted on the state , of which no account at all hath hitherto been given , though long since promised and required ) let the ensuing testimonies at the tryall determine , with which we shall conclude this tedious relation . errata , transpositions , and omissions at the presse . page . l. . read ; he did . p. . l. . . ran fast ; he was . p. . l. . murtherers p. . l. . and av . p. . l. . no ill . p. . . their incontainability . l. . knew l. . might must . p. . l. . as well . p. . l. . i am . a catalogue of the vvitnesses and testimonies produced by the prosecutors of colonell nathaniel fiennes , at his tryall . the author of the check to the checker of brittanicus , to amuze the world , hath prefixed to his pamphlet , the names of those gentlemen and persons of honour and quality , who were witnesses for nathaniel fiennes ; without expressing what they testified . the persons of most honour and quality there named ( most of the others being persons of no quality , honour , or gentility ) are such as were , either no witnesses at all for him ; as sir william waller , and sir arthur hazelrigge , whose letter onely long before the siege , formerly printed in his relation , p. , . was produced and made little to the purpose : or such whose testimonies were altogether impertinent ; as sir william balfore his testimony , that he charged up with him at edge hill batell , formerly answered : mr anthony nichols testimony , that colonell warnslow in a letter of his lately written , affirmed , that they spent . barrels of powder at plymouth in one day , when they repulsed the enemy out of their works , and master iohn ash , who attested onely sir william wallers and sir arthurs letter . or not much materiall , as mr thomas hodges , that the castle wals of bristoll were ancient and decayed when he was a schoole-boy in bristoll . all the rest of the witnesses , except sir iohn horner ( who professed he was no souldier , and medled not with any military affaires ) were either his owne kindred , officers , servants , who were parties involved in the same crime , and had pay due from him ; and some of them young heardlesse souldiers , never in armes before , who refused to charge the enemie ; or citizens to whom he owed money , and so scarce competent witnesses in law , in such a case as this . to ballance , yea over-ballance , these his meere nominall witnesses ; we shall here present the reader with a catalogue of our testimonies in this case ; many of them being persons of quality and honour , others experienced souldiers ; all the rest , persons wholy indifferent and dis-ingaged , who had no relation or obligation to the prosecutors : their names , qualities , and testimonies , here follow in order ; first , members of the house of commons ; next colonells , leiutenant colonels , majors , captaines , officers ; then common souldiers , citizens and others of inferiour rank , with figures in the margin , relating to the severall articles of impeachment to which they were applyed . the testimony of sir william waller knight , a member of the house of commons . upon my returne to bristoll immediatly after my defeat at the devises , col. fiennes complaining to me that he was burthened with a multitude of prisoners 〈…〉 him to take the opportunity of a ship that was then going out , to transport them to london ; he replyed * that he would keepe them to make his owne conditions the better . william waller . farnham . novemb. . this was written with sir williams owne hand , who offered to depose it upon oath ; but in regard he was a generall , his hand and reputation well known to the counsell and defendant , and a generalls testimony in counsells of war usually admitted without an oath , we thought meet to doe him so much right , as to take his testimony upon his honour without an oath . the testimony of edward stephens esq . a member of the house of commons . master edward stephens of little sudbury in the county of glocester attesteth upon oath * that there was not any counsell of warre to this deponents knowledge called by colonell fiennes , the then governour of bristoll , to consult of a treaty to be held with the enemy to surrender bristoll , and this deponent further saith , that being in the castle he heard a discontented tumultuous rumour of the souldiers and the common people , that colonell fiennes had sent a drummer , major langridge and captaine hepsly to the enemy for a treaty , and this deponent was earnestly importuned to goe to the colonell , and endeavour to hinder and break off the treaty ; colonell fiennes man met this deponent going out of the castle , and desired him to come and speake with his master ; when this deponent came to the house of the said fiennes , he found the said colonell there , and the major and sheriffes of bristoll , and some chiefe citizens , and divers souldiers and gentlemen ; colonell fiennes had the articles ready prepared for himselfe and the souldiers , the major and citizens had done the like for themselves , there remained nothing but that the gentlemen should consider of conditions conducing to their safety ; the hostages from the enemy were come to frome-gate , before this deponent came to the governour , but that gate being barred , they were faine to come in another way ; this deponent averreth , that he was not present at any counsell of warre , to consult whether a treaty should he held with the enemy or not . edw. stephens . the testimony of edward baynton esq . a member of the house of commons , delivered both in writing , and personally upon oath at the counsell . about three weekes or a 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 . 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 . 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 . of decemb. . 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 , . . 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 . 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 . or . barrels a week , they setting up divers powder mills to provide what quantity they could ) amounted in all but to . 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 . 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 . or . peeces of canon in the town , and those very small ; but . souldiers of all sorts , club-men and armed , who were constantly upon duty day & night al the siege , they having no reserves nor spare men to relieve one another : that their workes were about . miles in compasse and far weaker than those of bristol , where they were strongest ; and that for want of men they were enforced voluntarily to quit the vineyard , one of their strongest out-workes ; which the enemie thereupon tooke possession of , to their great disadvantage . he farther deposed , that the enemie ( as they were certainely informed ) had most of the powder , bullet and ammunition they spent at the siege of glocester from bristol , which was brought from thence by water . and that he being in london soon after the siege of glocester , colonell fiennes entring into discourse with him concerning the siege thereof , amongst other things , demanded of him , how many barrels of powder they had when the enemie came first before the town ? he answered , that they had onely . single barrels ; which colonell fiennes much wondring at , demanded of him , how they durst adventure or could think to hold out the town against the kings forces , when they had but . barrels ? to whom he replyed to this effect , that they being all resolved to hold it out to the last , and not to quit the town upon any termes , did not much trouble themselves to consider how little powder they had , but how they might spend what they had to the best advantage . then col. fiennes demanded of him , how much powder they had left when the town was releeved by his excellencie ? to which he replyed , onely halfe a barrell . colonell fiennes asked , how they durst hold out so long and not parly , when all their powder was so neere spent ? or used words to this effect . to which he gave answer , that they resolved to hold it as long as they could , and rather to dye than quit it , after they had spent all their powder , and therefore they thought not of yeelding whiles they had any left : he farther attested upon oath , that the printed relation of the most materiall passages that happened in the siege of glocester , set forth by iohn dorney esquire , ( who married his daughter ) was true , except only in the number of the barrels of powder ; which were but thirty , when the siege began , and but fifty in all during the whole siege , ( not half so many as were in the castle of bristoll when surrendred . ) the small quantity of powder , ammunition , canon , and number of souldiers , during the siege of glocester , the circumference and weakenesse of the workes , and want of reserves to relieve their men , who were constantly upon duty day and night , during all the siege of glocester , was likewise attested upon oath by captaine parry , who agreed with colonell pury in all these . the substance of the testimony of samuel browne esq a member of the house of commons , delivered personally upon oath before the councell . that colonell fiennes soone after his comming from bristoll having conference with him concerning the surrender thereof , and likewise concerning glocester , told him . that * he verily beleeved , or was certaine , that glocester could not hold out many dayes ( and as he remembred he said , not above . or . dayes ) if the kings forces came before it : of the which words he tooke the lesse notice because he never thought he should have been called to attest them , and that he told col. fiennes of gomines and westons case . master iohn sedgwick the minister who dyed before the tryall , would have attested upon oath , had he lived , that colonell fiennes the same day he came to london told him , he vvould be hanged , or lose his head of glocester would , or could hold out one day if the kings forces once came before it . iohn stephens esquire , his deposition , decemb. . . afterwards attested viva voce . i iohn stephens , of the middle temple , esquire , attest upon my oath , that * serjeant major clifton ( who as i heare was afterwards lieutenant colonell to col. nathaniell fiennes , late governour of bristoll ) did within one or two daies after the said nathaniell fiennes came to london from bristoll , say in my hearing , in the court of requests at westminster , that he did not beleeve , or conceive it possible , for the city of glocester to hold out three daies , if it vvere once besieged by the enemy , as it vvas then like to be . the testimony of colonell ewdard cooke , delivered in writing . i colonell edward cooke , doe attest that colonell nathanell fiennes , late governour of bristoll , in his owne lodging there , consulting with some of his owne officers , tooke me aside , and privately demanded of me , what were sir william wallers resolutions ? i answered , that it was not certaine , but beleeved his intents were , to venter his life in the defence of that city , if the enemy advanced thither : whereupon the said colonell nathaniell fiennes imparted to me as his opinion , that the said resolution of sir william waller would be of ill consequence upon these grounds ; his forces consisted chiefly of horse , his men abated in courage , his horse in flesh by his sad fortune at the devises , nor was that country ( consisting of inclosures ) advantagious for horse service , the enemy being possest of bathe , so that his chiefe forces being horse , would not onely be uselesse , but also hurtfull , by consuming the city provisions : he further said , he foresaw this inconvenience , that though his modesty would restraine him from commanding sir william waller , yet his independency upon sir william waller must inforce him the said colonell fiennes to issue forth all orders in that garrison ; whereupon i advised the said colonell fiennes to impart the said reasons to sir william waller ; but the said colonell fiennes desired me to impart them to sir william in his behalfe , which i did ; and these reasons from colonell nathaniell fiennes occasioned the first debate of sir william wallers march from bristoll ; much to this purpose ( though not so fully ) was the argument of colonell iohn fiennes , and lieutenant colonell clifton . i further remember , sir william waller ( amongst other opinions , ) declaring his advise to the said colonell nathaniell fiennes , for removing the prisoners from bristoll to another place of safety , the said colonell nathaniell fiennes answered him , he would keepe them to better his condition with , if the enemy came before the towne . this is the effect of what i heard and remember , and this accordingly i affirme upon my oath . edward cooke . the deposition of colonell thomas stephens , taken before the judge advocate . i colonell thomas stephens affirme on oath , that colonell nathaniell fiennes did divers times say ; he conceived the towne and castle of bristoll was tenable , and did not doubt to keepe them , if he might have reliefe in any convenient time ; for the obtaining of which , he dispatched lieutenant col. baker to my lord generall , and in the meane time endeavoured the increase of his men , and making up the workes , and the victualling of the castle ; the castle was well victualled , not any ( as i could learne ) came in that brought not a fortnights provision ; there were in the towne and castle , and at the workes and forts , . men and armes , ( as i verily beleeve ) besides . horse : in this condition the enemy found us , who shewed themselves before the tovvne the th of iuly , but assaulted not the tovvne till the th . day in the morning , vvhere they vvere repulsed vvith some losse : the next morning being the th . they furiously assaulted the city on both sides , but vvere every vvhere repulsed vvith great losse , except at one place , vvhere entred about . or . of the enemy , the line being imperfect , and a vveake guard , onely strengthened by some horse under the command of langrish , vvhom lieutenant clifton complained of to the governour but the day before for his usuall neglects on service , and desired the governour to remove him to vvalke the streets ; his desire i seconded , telling the governour , he had played the covvard formerly , and vvas not fit for such a charge ; ( or words to that effect : ) notvvithstanding he continued him there . presently upon the entry of the enemy , colonell fiennes drevv off all his men from the lyne on that side the tovvne the entry vvas made , and vvould not hearken to any officer that advised him to sally and fall upon the enemy presently , but delayed till three houres after , vvhen the enemy had possessed himselfe of places of advantage in the suburbs . i further affirme , that he had sent to the enemy for a treaty , before i knevv or heard of any such thing , and for ought i knovv , he called no counsell of warre for that end . iurat . novemb. . . thomas stephens . the testimony of col. william stroode , delivered first in writing , and afterwards viva voce before the counsell . i depose , that the . of july at night , sir william waller departing from bristoll with his troopes , and many gentlemen of the country leaving the towne , i thereupon conceived , that col. nathaniell fiennes then governour thereof might want assistance for its defence ; whereupon i repaired to the said governour the next morning , and told him , that seeing most of the gentlemen left him , yet i , though i had no command there , if he resolved to keepe the tovvn , vvould stay there vvith him ; for which he thanked me , and told me , * that he vvould dispute every foote of the tovvn and castle thereof vvith the enemie , and doubted not the keeping of the same . whereupon i promised to stay with him , and disposed my horse which were neere . under the said governours command ; who vvas * very confident ( as i conceived ) that the line and workes about the said city vvere very sufficient , and the castle thereof in very good defence , the workes vvhereof , he vvas very diligent to perfect , and to increase his men and armes till the enemie came before it . and i my self conceived the said tovvn and castle tenable against all the enemies povver , else i vvould not have continued therein : and although i pretended not to have a lodging in the castle , yet captaine birch told me i might have one , so as i would send in ten pounds a man for my self and my retinue , to buy provision of victuals . that the . of iuly last the enemie appeared in small bodies before the east and south parts of the city , but retreated again to their quarters ; and the next day they appeared in greater bodies , and that night quartered somewhat neere unto it . the . of that moneth they assaulted some of the out-workes very weakly , and shot their ordnance at randome : the . day they appeared in greater number , and discharged divers canon shot against the out-workes , some of which fell into the city , but did no harme . the . they furiously stormed the town from one a clock in the morning till after day-light , and were repulsed with great losse every where , but in one place where the line was defective ; where some of the enemy entred betweene . and . of the clock ( as i heard ) that morning . not long after the said governour meeting me , desired me to come to a councell of war , at which there met some . or . officers and no more : where the said governour himself , propounded a parly vvith the enemy , complayning then ( and not before ) of the weaknesse of the said tovvn and castle , pretending to save the men and * armes therein for the service of the state , by yeelding up the place upon conditions : but in the debate thereof , lieutenant col. davison , major holmes and my selfe , opposed the parly , and major holmes and i , gave our votes against it ; there being no gentlemen of the country present at the councell , but sir * john horner , who ( as i remember ) gave no vote at all : and the governour then pressing to have the parly * speedily and openly , i was much against it , desiring it might be forborne till the enemie came on once more upon us , for if we should parly with them now , it would discourage the souldiers , and make them to fight no more : but all i then alleaged could not prevaile with the governour , who presently sent out a drum for a parlee ; and in the treaty about the surrender , the article of delivering up the troopers armes , and the last article of leaving all the ammunition , canon , armes , and colours to the enemie , was never consented unto by me , or any of the councell of , war in my presence , but yeelded unto by the governour alone , without the said councells consent and privity , ( as i conceived ) after some private discourse between the governour and col. gerrard in the garden , upon whose returne from thence the said articles were delivered . after which the governour wholy neglected to see the articles punctually performed , to the 〈…〉 the streetes , in the presence and view of the governour , ( whose sumptor was in danger to be pillaged ) we being posted from one gate to another ere wee could get out of the towne . colonell stroode likewise confidently affirmed to the counsell on his oath , that this counsell was called , and the parley resolved on before the sally , and the first drummer sent out for a parley about nine of the clocke , which he well remembred , because the governour having no watch called for his ( which he brought with him to london ) and it was then but nine , whereas the sally as he ( together with major homes , captaine tyson and others ) attested , was not made till between eleaven and twelve , after the first drum was beaten in by the enemy through mistake ; and then after the sally a second drum was sent out , upon which the parley and surrender ensued . the substance of the depositions of lieutenant colonell paleologus , and lieutenant colonell andrewes . these two gentlemen attested ; that they being in bristoll when colonell fiennes removed colonell essex thence , and tooke upon him the government thereof ; hee sent for them to his lodging as soone as he was governour , and told them ; that he was no souldier , nor knew well what belonged to the keeping of a towne , and therefore desired them being souldiers , to take the charge of the towne wholly upon them under him ( who would be advised by them being souldiers ) the one within the city , the other without in the workes and suburbs , which they did . that essex fort commanded the place where the enemies entred , and if it had been manned with twenty or thirty musketeers , would easily have kept out all the enemies partee , ( which divers of the defendants witnesses upon crosse examination acknowledged ) that the key was unfoardable by reason of water and mudde , and the enemy could not have passed over there but with great losse and disadvantage , that the castle as they found and left it , was a place of such strength as was able ( if victualed ) to defend it selfe easily till reliefe might come , and to make good conditions for it selfe and the towne in case it were necessitated , and as they heard it was after fortified by the defendants , they conceived it very tenable , and hardly to be forced by the enemies whole power . paleologas likewise deposed , that when prince rupert came first before bristoll , and they preparing and marching to withstand him , the governour ( for what intent he knew not ) demanded of him , which way they might best retreate ? whereupon he desired him earnestly , and wished colonell popham to doe the like ; for gods sake not to talke of retreating , for that would greatly discourage his souldiers , and make them not to fight , but disert their colours . the deposition of serjeant major edw. wood , concerning the surrender of the city and castle of bristoll , first delivered in writing , and after attested before the counsell viva voce . that i was at bristol the whole time of the siege : that certain daies before the siege , i viewing the workes with the governour , observed a disadvantagious peece of ground , which by reason of its heighth and neerenes ( being within carbine shot ) commanded our workes , and desired him by all meanes to take it in , by raising some small worke there ; from which we might have retreated with much safety if distressed ; affirming , that it was the most advantagious place that an enemy could finde about all the towne , the which we found to be so within few daies after , for that was the chiefest place the enemy possest , and there was their nearest batteries ; but notwithstanding , without all reason colonell nathaniell fiennes * refused the acting of any such advice ; the enemy made their chiefest and greatest assault upon and from the ground aforesaid , which lay fronting that part of the line which was committed to my charge , being wind-mill fort , and thence to prior-hill fort , where they made their often attempts with scaling ladders , fire-pickes , granadoes , and the like , but were beaten off with great losse , especially that morning they entred that part of the line which was in lieutenant colonell cliftons charge , who came to me ( not fromwards his charge but the towne ) and was the first man that gave me certaine intelligence , that the enemy was entred the line , for he brought these orders ; that i must vvith all haste dravv my men from off the line , and retreat suddenly into the tovvne , and my retreat must be in at nevvgate . i wondered at this strange alteration , and began to question the reasons ; unto which he replyed : the enemy had entred the tovvne , possessed themselves of frome gate , ( vvhich vvas our neerest gate to retreat in at ) and the colledge greene , and that if i did not immediately retreat , the enemy vvould get betvvixt us and the tovvne , and so cut us off every man. captaine husbands ( who might perfectly see their entrance ) told me since , he could not ghesse the number of the enemy that had entred to be more then two hundred men , which i conceive in my conscience to be the utmost ; * now we might easily have spared twice their number from off the line to have cut them off , and to have made good the place where they entred ; for i am confident we had no lesse then two thousand men in the town that were under pay ; also a regiment of horse , besides considerable numbers of volunteers , townes-men ; for i had ( as i beleeve ) at that part of the line that was in my charge , no lesse then one hundred citizens , that defended the workes voluntarily ; when we were retreated into the towne * colonell stephens , lieutenant col. davison , and i , met together and agreed upon a sally . i was directed to goe to the governour to presse him so to doe , but all the language i could make could not cause him to cause a sally forth ; he replying , that the enemy had possest themselves of sir ferdinando gorges house , and had entred the suburbs with most of their army : unto which i replied it could not be , and as for sir gorges house , if he would but give me . musketeers , i would undertake either to cleare the house of them , or fire the house about their eares , or lose my life ; but notwithstanding my colonells , and my owne often pressing of him to make a timely sally , he would allow of none , untill such time as it was too late ; for he neglected it at my guesse at the * least two houres ; by which time the enemy had liberty to send for their foot unto the other side of the towne , which had neere two or three miles to march before they could come about to the breach . when the governours too late sally was beaten backe ( which if he had made seasonably , in all probability had freed the towne of the enemy ) he sent to the enemy for a parley , but the first newes i heard of it ( i being at supper in my quarters , and not so much as hearing of any that was sent from the enemy to treat ) was , that the tovvne vvas to be delivered up , and vve to march avvay next morning . i presently repaired to the governours quarter , where i met the governour , and those the enemy sent to treat comming forth of the garden , where it seemes the governour and treaters made conditions , without the advice or consent of any counsell of warre . divers houres before nine of the clock next morning ( the houre agreed on for surrendring town and castle ) the castle was delivered into the hands of some few officers of the enemies , many of us going to fetch out what we had there , were denyed entrance into the castle , and many others of us were detained and kept prisoners within , and plundered by the enemy , untill such time as after our convoy was marched forth of the towne ; through which fault of the governours , many suffered very much ; as for my owne part , i was kept prisoner in the castle , and could not get from the towne untill the third day following . the governour broke the conditions with the enemy , in not souldier like delivering up the towne , and armes according to the articles agreed on , for the which cause the enemy ( as they told me themselves ) had no reason to performe their conditions to us , when our governour in the first place broke his conditions with them . i know no greater cause why the officers , souldiers , and others were so plundered , miserably abused , and many seduced to forsake us and take entertainment of the enemy , then the miscarriage of the governour , whom ( so far as i could discerne ) wholly put every man to shift for himselfe ; and neglected performing conditions , causing guards to be kept at forts or other places , and suffering many of the enemy to enter the town , insomuch that betwixt those that entred , and the prisoners that were let out of the castle ( long before they ought to have been by their conditions ) many of us were miserably abused both in the towne and castle , and wholly left to the mercilesse cruelties of the enemies . at this time the ill-affected had a faire opportunity to shew and revenge themselves , yet notwithstanding , i never knew that in all the time either during the siege , or after it , they made any commotion to hinder us , but we were afforded by the inhabitants very much assistance both by their persons and armes . * the castle was a very large strong hold , fortified with a very broad deepe ditch , or graft , in part wet and dry , having a very good well in it : the castle stood upon a lofty steepe mount , that was not minable , as lieutenant col. clifton informed me , for he said the mount whereon the castle stood was of an earthly substance for a certaine depth , but below that a firme strong rocke , and that he had searched purposely with an awgor and found it so in all parts ; the foote of the castle upon a mount or rampart was fortified with a gallant parrapet well flanking , which with its well scraping must needs strengthen it from battering , the parrapet at the base being as i ghesse twelve foote thicke , the walls of the castle were very high , well repaired , stored with strong flancking towers and galleries on the top , and if with a little earth lined , i am sure had been past the power of canon to batter ; but as they were , not much hurt , i thinke , could have been done by the enemy unto them . * within these vvalls vvas an exceeding high fort or tovver , that commanded both tovvne and castle , and i am persvvaded so strong that it could not have been battered , and in case the walls of the castle had been beaten down , there was open ground large and possible enough to have made retrenchments ; as for souldiers and armes to defend this castle , there were more then was needfull , mr hazard ( who was reported the chiefe store keeper ) said in my hearing , that there were . barrels of powder remaining in it at the surrender ; and the governour said , he could make match every day as fast as he should spend it . i know not any necessary provisions either of men , armes , artillery , victuals , or any thing else necessary for the defence of the castle that was wanting , but that there was plenty of all things for its defence , for divers moneths ; as likewise the forts about the town were held and victualled , by which meanes of holding the forts and castle , the enemy would have had bad possession of the town , which was commanded by these : i conclude this testimony with this opinion , * that the castle of bristoll might have beene kept untill this day , november , . . edvv. wood. this testimony being full and home ; col. fiennes , excepted against the witnesse , because there had beene some differences between his brother col. iohn fiennes and him ; whose valour was such , that he drew his sword & cut off major woods finger , when as two men held his armes . to which master prynne answered , that the difference was not betweene the witnesse and defendant himselfe , but the defendants brother , which concerned not him . that this quarrell grew since the surrender of bristoll , and its reference to a councell of war , not before ; and that upon this very point now in issue ; that major wood affirmed this town and castle when surrendred , to be strong and tenable against all the enemies power : whereupon col. iohn fiennes gave him the lye , and cut off his finger as aforesaid ; and if this should be a good exception against a witnesse , then the defendant and his brother ( as deeply guilty in this fact as himselfe ) might quarrell thus with all other witnesses ( as they did with captain bagnall even in the councell-chamber ) and so by this practise deprive us of their testimonies , if they could not perswade them by promises of preferment and areares to hold their peace . vpon which ground the counsell ruled his testimony should be received . then the defendant endeavoured to battle and disgrace him all he might , by demanding of him many impertinent and captious questions . as namely , whether he were an engineere , and had studied fortifications , as he gave out he had don ? how long he had so studied , & whether he had been in service beyond the seas ? &c. to all which he replyed , he would give answer , if the councell , not he alone required it . to which questions they willing him to answer , he affirmed on his oath , that he was an engineere , and had made it his study eight or nine yeeres ; that he had beene in service in forraigne parts : and upon the defendants questions touching the strength of the castle and workes ( in which he thought to entrap him , ) he gave so good an account in each particular , as manifested his skill in fortifications , and the castle and workes to be very strong and tenable divers moneths , against all the enemies power . then he interrogated him , where he and colonell stephens were , when they pressed him to make a sally ? to which he gave a punctuall answer : next he demanded , whether he went forth in the sally , and where he was when the sally was made ? to which he answered , that himself commanded him particularly to look to the percullice at frome gate , and to see it let down in case the sally should be beaten back , to keep out the enemie from entring ; which service he proved by some of the defendants own witnesses , that he performed : he likewise upon this demand attested ; that the sally consisted not of above . men , when as they might have sent out thrice as many : that the sally was made with all disadvantage up the hill , that they beate the enemy through divers streets , and had in probability driven them out of the suburbs , but that the horse sent out in the sally under captain vaughan ( who charged not , but retreated at the enemies first entrance ) basely retreated upon the fall of one horse which was shot , and so both dis-heartened and dis-ordered their foot , and caused their retreate ; yet he never questioned the horse or captain of them . that major lewis ( whom the defendant laboured to asperse all he could ) went out in this sally , where he behaved himselfe very gallantly and received a wound ; and that he being an old experienced souldier , exceedingly disliked the calling off the souldiers from the line at first ; and advised the governour to fall upon them from the line , as soone as they entred , when they might have easily beene cut off . and whereas the defendant alleaged , that colonell washingtons whole regiment of foote had possessed themselves of the suburbs when the sally was made , it appeared upon the strict examination of this witnesse , that his whole regiment that entred were not above . men , most of the rest being slain or wounded in the storme or assault that morning . so little advantage gained he , by examining this witnesse ; who surther affirmed , that the bullets one night flying somewhat thick in the streete where he and the governour stood talking together , being shot onely at randome in the dark ; the governour was so fearefull , that though he had an armour of proofe upon him , he presently cryed out , they have found me where i stand , and thereupon removed cut of gunshot . he likewise testified , that the place where the governour used to stand with his troope , under alderman jones house , ( which he alleaged to be a place of greatest danger , because a granado casually fell there almost into the midst of his troope though it hurt no man ) was one of the securest places about the city , the wals of the gardens and house betweene them and the enemies , being more then double canon proofe , and the place they stood in , not commanded from any the enemies quarters , being free from all kinde of shot , but this granado mounted so , as it fell just under the house walls from over the house top . and therefore it was no great argument of his valour to stand in a place of such security . the testimony of major allen , viva voce , at the councell . that he some . or . dayes before the seige of bristoll brought neare . men , well armed from malmesbury into bristoll , whom colonell fiennes entertained , and some . or . barrels of powder in sackes . that the castle was so strong and fortified that he conceived it tenable , and would have held it out against the grand seigneur , and all his army , had they come before it : that he was not called to a councell of war though an officer , either to deliberate whether they should parley , or to consult of the articles of the surrender : that he casually comming to the governours lodging after the articles agreed on , found that the governour had released one of their hostages , and would have sent away the other , but that he perswaded him to stay him , for having else no security , himself the city and souldiers might be all indangered , the enemies detaining their hostages , and he releasing the enemies . that the city and castle were surrendred before the hour agreed ; the souldiers pillaged , dismounted in the streets contrary to the articles , through the governours carelesnesse and neglect . that he & some other commanders after the surrender left the governour , and for their better security crossed the country ; and by the way having conference among themselves touching the surrender , many of them concluded it was very shamefull , cowardly , and dishonorable . that colonell fiennes at colebrook earnestly pressed him , to subscribe his letter to his excellency ( since printed ) as some others had done , but his conscience telling him , that many things in it were false , he had the grace to refuse the subscribing of it , and did not set his name thereto . the testimony of captain samuel roper of lincolns inne . i captain samuel roper do testifie upon oath , that the right honourable the earle of desmond did tell me about six weekes since , that the lady newport did affirme to his lady at oxford before the time that bristoll was delivered up , that bristoll should be surrendred to the kings majestie , or words to this effect . samuell roper . we would have examined these honourable persons , but that the thing was not denyed : and captain roper ( since the tryall ) hath attested ; that theright honourable , earle of denby informed him that * there were divers wagers laid at oxford , and here about london , both before and during the seige of bristoll , that bristoll would be surendred on the . of iuly to the king ▪ as in truth it was . the deposition of captaine iames harrington . i captain iames harrington , doe attest upon my oath , that i did heare captaine oland , * capt. of dragoones at the siege of bristoll say ; that he could speak much of the carriage of the businesse of bristoll at the siege , and after ( within two houres ) being demanded what he could speake truely touching the forementioned passage , by mr. walker , he answered him in my hearing , oh mr. walker , i have much arrerages behind ; or words to that effect . i further affirme upon my oath , that i being in sir iohn horner his chamber on friday morning last past , at the dolphin here in st. albans , * heard an ancient gentleman say , that he came to sir i. h. from colonell nathaniel fiennes , to intreate him to be at the counsell of warre that morning by ten of the clocke , ( to whom sir i. h. answered he would ) that my lord say desired to be remembred to him , and that he had . or . l. ready for him at london , and would pay the residue that is due unto him by such summes speedily ; or words to that effect . iames harrington . the deposition of capt. robert bagnall touching the late surrender of the city and castle of bristoll to the enemy , by colonell nathaniell fiennes , late governour thereof , taken before the judge advocate in london . the deponent attesteth upon his oath , that the thursday before the enemy came to besiege the said city of bristoll , this deponent was earnestly desired by the said governour col. fiennes to raise a foote company of souldiers , to increase the garrison thereof , which he accordingly did upon his owne cost , being induced thereto onely by the promise of the said governour made to this deponent , to defend and keepe the said city and castle to the uttermost , and by his solemne protestations to him , that he would either hold the same against the enemy , or else the city should hold him , and he would leave his bones therein . after which the enemy approaching the said city on the munday , & storming the out-works of it in sundry places on the wednesday morning very early , they were valiantly repulsed with great losse in all places but one , neare brandon hill fort , where about one hundred and fifty of the enemies and no more ( as this deponent who viewed them conceived ) entred the lyne : upon which their entry , this deponent and his company were severall times commanded by the said governour to come off the line , and retire into the city , which they were very unwilling to doe , as conceiving it a very great advantage and encouragement to the enemy : whereupon this deponent repaired to the said governour , * and earnestly importuned him , to be pleased to give order , that he and his company , captaine sampson and his company , captaine richard hipsly and his company might instead of retreating into the city from the line , make good the breach where the enemy had entred with one of those companies , and that the other two companies might fall upon the reare of those that were entred ; and did further desire him , that captaine stokes , being then with a reserve in saint iames greene , might sally out at froome gate in front against the enemies so entred to out them off : which advice the said governour utterly rejected , and required and enjoyned them upon paine of death , to draw off the line into the city . and then of his owne accord , without calling a * councell of war ; and without the privity or consent of any , or at least of * very few , of his officers or captaines , * the said governour sent to the enemies to desire a parly with them , after which he summoned a councell of war to treat about the articles of surrender of the said city and castle ; * the councell upon debate resolved that it was neither honourable nor safe for them or the kingdome to quit the place , unlesse they were permitted to march away with halfe their armes ; yet notwithstanding , the said governour and his lieutenant clifton going forth into the garden to colonell gerrard one of the enemies commissioners for the treaty , after some private conference with him , upon his returne to the councell , the said governour told them plainely , that they must now deliver up all the armes and every thing else to the enemy , saving what was expressed in the articles of agreement , which he then produced to them , and accordingly he did surrender up all the same to them , and that * before the houre agreed upon in the said articles , to the great damage and prejudice both of the souldiers and inhabitants . robert bagnall . this witnesse comming very close , the defendant was very much netled at it , and thereupon sent a warrant to bring him from london to saint albanes , where he personally appearing before the councell , the defendant charged him for a partiall witnesse , and that he had forsworne himself in his deposition . as to his partiality mr. prynne answered , that he was the most indifferent witnesse of all others , because he was no mercenary captain to whom arrears were due , but one who served his country freely , and raised his company on his own charge ; whereas all the officers he produced served onely for hire , not gratis . and if there were any partiality , it was likely rather to be for then against him . for whereas captaine bagnall was a meere stranger unto us , to whom he had no relation nor obligation ; he had been a long acquaintance , and active faithfull friend to the defendant , for whom he had done many good services . as first , he had taken two dangerous journyes to london and his excellency at his own proper charge , to procure him an independant commission for his governour-ship of bristoll . secondly , he had beene very active in furnishing him with men and monies , from time to time during his residence in bristoll . thirdly , he did at his earnest request and upon his promise to defend the town and castle to the utmost , raise him a company of men ( most of them volunteers ) at his own charge , who did very good service and behaved themselves manfully in the siege . fourthly , he had adventured his life and estate for him , and done him more faithfull service upon his own purse without the least recompence , then any man of his quality in those parts , and there was never any enmity between them . it was therefore , very improbably that this witnesse would be partiall on our parts against the defendant , without any ground or motive . and it was a very ingrate requitall of all his costs , travell , respects , disbursments , for the defendant thus to baffle , and charge him openly with perjury . and if he thus affronted abused this witnesse to whom he was so much obliged , before the councels faces , onely for deposing truth ( to stop whose mouth colonell iohn fiennes proffered him a captaines place in a new regiment he said he was to raise ) the councell might easily conjecture how he dealt with others by threats , or promises behind their backs , and how difficult a thing it was for us to procure any to attest the truth of his unworthy actions . to prove him perjured , the defendant alleaged , that captain bagnall among others subscribed his name to the letter he sent to his excellencie , which in many things was contrary to his deposition . to which he answered , that he subscribed the letter at his importunity : that he disliked many things in it , which he told the defendant he knew and would justifie , to be mistakes : that he subscribed not to all the particulars in the letter , ( which no one that signed it could certainely attest on his owne knowledge ) but onely to such things in it as he knew ; some attesting one part which the others knew not of , and all of them attesting the whole between them , not every one that subscribed every particular , as appeares by the letter it self , and is usuall in such kinds of relations of fights and sieges , where though the whole relation be subscribed by many as true , one attesting one part , another another distributively , yet no one subscriber can or doth attest the whole in common judgement , but onely so much as himself did act or see . which answer clearly took off this objection . this device failing him , he began to interrogate the captain upon every branch of his deposition to intrap him , but yet failed in his project . he demanded of him when and where he saw the enemie enter ? where he was , and what he did when the enemie stormed the works that morning ? to which he gave punctuall answers . then he demanded , whether he drew his men off the line as soone as he received his command to do it ? he answered no , because he thought it inconvenient , & the readiest way to lose and betray the city , as it proved . upon which answer the defendant demanded iudgement of death against him , for disobeying his orders : to which was answered , that he was a volunteer , and under no pay or strict command as others : that his disobeying the first command , was upon good grounds to prevent the losse of the town : that he came immediately to the defendant himselfe to acquaint him with the reason of his disobedience , and importuned him , insteed of drawing his men into the city from the line , to make good the breach , and charge the enemy presently , which had saved the town ; which councell he refusing , he did thereupon draw off his men as he was commanded : that if his disobedience had beene capitall , he should have presently questioned and proceeded against him for it ; or have articled against him before this honourable councell longere this ; but having thus long neglected to doe either , himselfe was most faulty of the two , and this exception savoured more of malice then justice . then he demanded of him , in what place it was that he importuned him to fall upon the enemie in such sort as his deposition mentions ? who answered , it was in a signall eminent place , even in the midst of the city , just over against the place where yeomans and butcher were hanged by his directions , for offering no surrender and betray bristol to the enemie . at which the defendant grew blank , saying , he did not remember that he spake any thing to him there . after this he demanded of him , how long he stayed in the towne after he was drawn off the line ? to which he answered , that he staid with his men in winestreete , neer the market house above . houres , as divers other companies also did , and in all that time received no orders for a sally , or any thing else ; by meanes whereof many of the souldiers departed from their colours to tavernes , alehouses to drinke , and so gave the enemies time and respite to enter further into the suburbs without resistance , and to possesse themselves of essex fort , and sir ferdinando gorges house , and some of them came under the colledge wall over against alderman hooks house , and played upon our forces , i in the marsh , whereupon he hearing from colonell stephens , that they needed some helpe in the marsh , and having no other commands , marched with his men into the marsh , and played upon the enemie under the colledge wall , and mounting one of sir francis pophams peeces , on the top of alderman hookes house , he played so hotly on the enemies there , that he made them quit the colledge greene , the rest of the forces standing idle in the midst of the city in the meane time for want of command , and not making any sally against the enemie to beate them out . then he charged him with perjury , for deposing he sent for a parley without calling any councell of war ; for that others proved he did call a councell . to which was answered , that the article runnes , no common councell was called , and so the deposition must be intended as the article runs , that there was no common councell ; and that is most certaine , for first colonell stephens , and mr. edward stephens ( whom colonell fiennes in print avers to be at the councell ) expresly depose , that they were not at any such councell , nor ever had notice of it : major allen and other officers depose the like . and such a councell for a parly ought to have beene generall , of which all chiefe officers should have had notice . besides colonell strood and others depose , that there was not above nine or ten at it , and that of them two or three voted against the parley , and one gave no vote at all . therefore he might safely enough depose , it was done without a common councel of war , and without the privitie or consent of any , or at least of very few of his officers ; five or six being the most that consented to it . next he quarrelled him as perjured , for saying the place where his company guarded the line , was in his judgement ( for he never measured it ) nearer the place where the enemy entred , than it was to the maine guard , and that they might have marched sooner to the breach directly from the line , then from thence to the main guard , and so to the breach ; because captain tyson deposed , it was almost a quarter of a mile nearer to the maine guard then to the breach . to which was answered ; first , that captaine bagnall deposed onely , that he could depose nothing certaine in point of knowledge of the distance , because he never measured it , but only in point of his opinion and judgement it was nearer to the breach than to the main guard. therfore admit it were further , it was no perjury at all , because he swore only as he conceived , not as he knew it , and so only a mistake in point of opinion . but admit it were further to the breach than to the maine guard , yet captain tyson himself deposed , that it is nigh half a mile the nearer way to march from newfound-land where captaine bagnalls company was , to the breach by the line , then to march from thence to the maine guard at the tolsey , and from thence to the line ; and that was the sole question put to captaine bagnall by mr prynne , whether it was not much the nearer way for his company to have marched directly from the line to the breach by the outworkes , without passing through the city , then to march through the city by the maine guard , and so to the breach ? to which he answered , he conceived it was : for which the defendant would make him forsworne , when as his owne witnesse captaine tyson sweares the same , that it was the nearer way neere halfe a mile , though it was nearer to the maine guard it selfe , then to the breach . then he pretended him perjured , because he swore , he saw some of the enemies horse marching back toward durdham downe after their foote were entred , when as captaine husbands and cornet husbands in their fort saw none march back : to which was answered ; first , that one man might see that which another saw not , secondly , that these opposite witnesses plainly confessed , that the horse might march back and yet they not see them , and that they could not sweare no horse retreated . thirdly , captain hill and lievtenant taylour deposed , that the horse retreated back to durdam downe , & that they saw them retreate ; and his owne witnesse samuel allen deposed ; that they retreated with their horse above . yards from the forts : captain bagnall therefore having three expresse witnesses to back him , must stand rectus in curia , notwithstanding captain husbands and his brother , saw no horse retreate . his last instance to prove him perjured was ; that he deposed the defendant had conference with gerard in the garden , & after that , returning to the councell told them , they must deliver up all their armes ; &c. when as capt. bagnall was not in the garden ; ergo , he could not swear he had conference with him there . to which was answered ; first , that capt. bagnall swore expresly , that he saw him go in , and come out of the garden , and that there was a window in the roome where he was that looked into the garden , through which he saw him confer with gerrard : therefore his being not in the garden is no proof that he saw him not confer with him in the garden . secondly , admit he saw him not there with gerard , yet divers others saw him confer with him , and himself confesseth he did so , and that in the presence of the mayor and divers others : how then can it be perjury to sweare that which so many saw , and himself confesseth to be a truth ? thirdly , col. strood deposeth the very same captain bagnall doth , without any exception taken to it : therefore the one can be as little perjured as the other . in fine , mr. prynne informed the defendant , that since he thus laboured very maliciously and unworthily to impeach the truth and testimony of his indifferent honest witnesse , he would by way of requitall inform the councell and him , of some palpable contradictions or oversights in the defendants chiefe witnesses , which else he would have concealed . first his universall chiefe witnesse , lieutenant clifton , confessed yesterday upon oath , that he complained to the defendant of major langrish his neglect and cowardize , advising him to cashiere him ; yet this day in langrish his presence he denyed upon oath , that he complained of him . againe he deposed upon oath that glocester was far stronger and more tenable then bristoll : and yet mr. iohn stephens deposeth , that he said openly in the court of requests , it was impossible for glocester to hold out . dayes against the king. secondly , captaine rawlins deposed , the enemie had planted a battery and drawn their ordinance within the line before the sally , to wit about . of the clock ; whereas captain and lieutenant husbands both expresly depose , that no canon were brought in till two of the clock at least ; which they were certaine of , because there could no canon be brought in but by the fort wherein they stood . thirdly , lieutenant husbands deposed , that the horse entred the line within one houre after the foot first entred ; and upon crosse demands he attested , that the foot entred before sun-rising about . of the clock , and the horse not till . or . which is two or three houres at least ; yea captain nevill with other of his owne witnesses attested , the horse entred not till . or after . fourthly , major holmes deposed : that he voted at the councell of war against a parley ; and being demanded the reason ; he answered , it was because he thought the town to be in as good condition in glocestershire side , as he left it in somersetside where his charge was : which could not be , for the enemie had made no entry on that side , as they had done in this . besides , he deposed he was in the sally which was beaten back : therefore the parly was concluded on before the sally made , as colonell strode expresly deposed ; though the defendants witnesses and major holmes denyed it ; or else this could not be the reason of his vote against a parlcy ; for after the sally beaten in , he must needs know they were in worse condition on glocestershire side , then in somerset , where the enemy never entred . captain bagnall thus cleared in all particulars ; was bafiled unsufferably by the defendant himself before the councell , and by his witnesses assoon as the councell was risen , some of them giving him the lye in the councell chamber , others challenging him , others menacing him , in such sort , that mr prynne complayning of these insufferable abuses to the councell , it was ordered to exhibit articles of complaint in captaine bagnalls name against those who challenged and gave him the lye ; which he did accordingly . the testimony of captain henry loyde . i henry loyde , who commanded a company for the defence of the city of bristoll during the late siege , affirme upon my oath , that i was commanded to attend in the marsh , with my company , where the governour nath. fiennes comming to them , a souldier of my company pointing with his finger to that part of the line betweene windmill-hill fort and brandon hill fort , ( where the said line was not yet perfected , and where the enemy afterwards entred ) advised the said governour to have a care of that place as the onely likely place for the enemy to enter at , and did further admonish the governour , that the line in that place was very weakely manned , for which the said governour called him sawcy knave : this deponent farther affirmeth that he advised the said governour to plant some musquetiers upon the key , which he neglected : he farther affirmeth that the said governour entred into articles to surrender the said city and castle with all the ammunition , colours , armes , provisions and prisoners before any one fort was taken , or any battery or assault made upon the walls of the said city or castle . henry loyde . the testimony of nicholas cowling commissary . i nicholas cowling commissary of victualls in the castle of bristoll , under colonell nathaniell fiennes late governour of the said city and castle , having the custody of the victualls , laid up against the siege , being required to disover the true quantity thereof to my knowledge which was in the said castle , when it was delivered up to the enemy by the said governour , doe here declare upon oath , that there was then in the said castle eleaven thousand weight of bisket . eight hundred bushells of wheate or neare about . some reasonable store of pease . beefe of the first salting . barrells . porke . barrells . . fat oxen ready to be killed . . leaner oxen which would serve . milke kine . hay for tvvo moneths . coales for a yeare . cheese and butter good store . sixteene butts of sacke . good store of tobacco . which victuall and ammunition which was in the castle , with the men belonging to the garrison , having the forts in our possession , it was not possible for the enemy to gaine the city if we had fought it out ; the castle being so fortified with out-workes , and the city not entred , but onely the suburbes ; and this was likewise the opinion of the * controwler of the ordnance . nicholas covvling . the substance of henry hassard his deposition . i henry hassard , late master of the ordnance in the city and castle of bristoll , having all the ammunition thereto belonging in my custody , and being desired to discover the quantity to my knowledge of all such ammunition as was in the said castle , when it was surrendred to the enemy by col. nath. fiennes late governour thereof , doe here declare upon-my oath , that there was then in the said castle , . * barrells of povvder ( he saith not , and no more ) vveight of match . halfe a tun of musket bullets ready made . * great granadoes . . canon shot for the peeces on the vvhite tovver , besides other shot . . peeces of canon in the city and castle , mounted ( besides sir francis pophams gunnes and some peeces unmounted . ) i do likewise further declare , that i have often heard col. nathaniell fiennes say , that he would defend the castle , and keepe the city and castle to the utmost ; that his flag of truce should be his winding-sheet : and that he commanded me to lay aside a reserve of thirty barrells of powder , with shot and match proportionable , in the said castle , which i did . henry hassard . he likewise confessed to mr. prynne , captain birch , and others , that col. fiennes charged him to give him notice , when all the ammunition , but this reserve of . barrells was spent , for that he would then treat with the enemy , but not before ; that they had a match-maker , a bullet-maker in the castle , and store of materialls , lead , and tinne to make match and bullet , as fast as they needed them . that after the enemy had entred the line of communication he planted one peece of ordnance at the head of the key , and three at gyb-tayler , and did beate the enemy out of fir ferdinando gorges house , being a place of advantage the enemy had gained in the suburbs upon their entry , and that he offered to fire the huses in the greene , and beate the enemy out of them ; but because col. fiennes owed him arreares of pay , for payment of which he had given him a bill under his hand , he was unwilling to testifie against him , in all particulars so fully as else ( perhaps ) he would have done ; or this which major dovvet ( the defendants chiefe witnesse against sir william waller ) hath attested under his owne hand , and denyed not when crosse examined upon oath , ( viz. ) the said major dovvet saith , that he heard captain birch declare , when the city of bristoll was upon surrendering he would have taken possession of the castle , with intent to make that good against the enemy , but he was discouraged therein by the gunner , who told him that there was but ten barrells of powder in the castle , and thereupon he came forth and diserted his resolution ; but since that the towne and castle was delivered up , the said gunner told him that there were threescore barrells of powder in it ; the said birch asking him , what reason he had to tell him there were but ten ; the gunner answered , that col. nathaniell fiennes , governour of the said city and castle commanded him to say so . all which the major dovvet heard from the mouth of the said captaine birch , and will testifie the same upon his corporall oath . francis dovvet . london th . of october . the deposition of mr. talboyes gent. the summe of his testimony was this ; that a neighbour of his being fined . l. by colonell nathaniell fiennes governour of bristoll for delinquency , and imprisoned till he should pay this fyne , did thereupon pay downe all but . l. which he could not presently procure ; whereupon he desired the deponent to move the governour to respite the payment of this summe till st. james tide , and then it should be paid in ; which the deponent did accordingly , presuming he should have obtained this courtesie for his neighbour , but colonell fiennes answered him , i must have all the money presently , for i knovv not vvhere i shall be at st. iames tide ; to which the deponent then replyed , he hoped he would be then in bristoll ; who answered , he did not knovv vvhether hee should or not . whereupon the deponent presently apprehending the said governour had a resolution to deliver up , and not keepe the towne against the enemy , thought it not safe to remaine therein , and thereupon removed thence to london ; and the very next day after st. james day , viz. . july , . he surrendred the city and castle to the enemy . the deposition of serjeant william hill. i doe hereby testifie and declare my knowledge concerning the surrender of the city and castle of bristoll , that at the time when the enemy had entred the lyne about the barne , between brandon-hill and the wind-mill fort , and that they were gotten in possession of essex fort & the suburbs adjoyning , being as was conceived betwixt two or three hundred of them , the enemy that were without being repulsed in severall other places which they had stormed , were with-drawne backe as farre as durdam downe ; the cause of my knowledge was , in that after they were beaten out of sir ferdinando gorges his house , and severall other houses on that side of the water , with our canon shot from the key , and with our musketeers that were placed in severall houses on the key , i rode forth at newgate , and from thence up to the fort of pryors hill , from thence a long the line to the redoubt , and so on to the windmill fort , all which places i found secure , and our men very couragious ; from thence i rode to the place where the enemy entred , and almost to brandon-hill fort , all which part of the lyne was cleare and no enemy nearer it , then the downe aforesaid : and as i returned backe the souldiers in the forts , and in the redoubt earnestly desired me to procure some strength to be sent out of the city to assist them , and likewise to make good the lyne againe , which i promised to certifie the governour of . i came immediately to the towne , and met the governour with severall other gentlemen riding then through newgate forth of the city : i told him that the forts were all secure , and that the lyne was clear , and that i conceived that if he would be pleased to send forth a matter of two hundred men , he might not onely secure the lyne , but also take all those that were entred , which he not onely refused to doe , but sent a warrant to a major that then was upon the lyne , betwixt the wind-mill fort and the redoubt , commanding him on paine of death to draw his men off the lyne , and to repaire into the towne with them ; which warrant i saw , and read it , and as some of the cavaliers told me the next day , the enemy that was without the lyne knew not of those that were within , at least two houres time , in which time their ammunition was spent , and then did those that were within essex fort aforesaid send out messengers to those of the enemy that were without , intimating , that if they did not come speedily into their reliefe , they should be all cut off ; and then , and not till then came the enemy within the lyne both horse and foote , and possessed themselves of the suburbs : whereupon the governour presently desired a parly with the enemy , which accordingly was done : all which i humbly certifie on oath , as witnesse my hand this th of novem. . william hill. the deposition of serjeant anthony gale. anthony gale serjeant to lieutenant colonell baker of col. stephens regiment , in the late siege of bristoll , doe affirme upon my oath , that upon wednesday morning iuly th . when the enemy entred the line between pryors hill fort and wind-mill hill fort , i was upon the line between the said two forts , and that when the enemy came upon the said worke where he made the breach , there entred not above . men ( as i conceived ) at the first , i my selfe offered to venture my selfe to make up the said breach , but langrishes horse being there to defend that place , would not fall on , although they were called upon , for that purpose ; langrish himselfe ( as was said ) being gone into the towne , and presently lieutenant colonell clifton came , and commanded all men to quit the line and draw off into the towne ; which after some time they did ; yet * after three houres respite ( when the enemy was entred in greater numbers , and had possest divers places of advantage in the suburbs ) we sallyed out upon them at the colledge greene , the enemy throwing downe their armes and crying for quarter ; when presently a parly was sounded , and a command came to the souldiers that they should presently retreat into the castle , which caused some of the souldiers in discontent to breake their armes , and sweare they would never serve the parliament againe . and upon wednesday night it was concluded , that the said towne and castle should be yeelded up the next morning about nine of the clocke ( as this deponent heard divers officers say ) but yet the prisoners in the castle were set at liberty the said wednesday night , and very early in the morning tooke possession of the said castle , committed divers plunders , and inticed and seized on divers of the parliaments souldiers : and the enemy having so got possession of the castle , would not suffer any goods to be carried from thence . and i further say , that many souldiers were plundered , prince rupert protesting he could not helpe it , for that colonell fiennes had drawne the souldiers to a wrong gate , where the convoy of horse was ( by agreement ) appointed to attend their comming forth . i further affirme , there were neare upon two thousand foot in the towne , besides three hundred horse and dragoons . anthony gale. novemb. . . the deposition of stephen radford . i stephen radford , ensigne to captaine bagnall , at the time of the siege and surrender of bristoll , affirme upon oath , that captaine bagnalls company ( in which this deponent then served as ensigne ) maintained the workes by the pest-house , and by new-found land , and hearing that the enemy had entred the line , between wind-mill hill , and brandon hill forts , this deponent went thither to see whether it were true or no , and found that about . ( as he guessed ) had entred the line , and were sitting together by the red lodge ; who gave fire upon this deponent as soone as they saw him ; but this deponent hastened away towards the line , and could not perceive that any more had entred ; whereupon this deponent went to the governour nathaniell fiennes , acquainting him how few there were of the enemy that had entred , what strength of our defendants were at the line , and how desirous they were to fall upon those which were entred , and to make up the breach ; the governour charged this deponent upon paine of death , that the souldiers should not fall upon the enemy , but draw off from the line , and come into the town ; whereupon this deponent desiring to know the reasons , why he would not suffer them to fall upon the enemies entred ; the said governour replyed * because if they should doe so , the enemy would enter in a greater number , and falling in upon our souldiers in the reare , would hem them in and cut them off . this is the effect of what i heard and saw , and i further affirme , that i seldome or never observed the said governour to give any words of incouragement , or money to the souldiers during the siege . stephen radford . the deposition of iames powell . i iames powell of bristoll , one of the trained souldiers of that city , being there during the late siege thereof , do attest upon my oath , that col. nath. fiennes , late governour of the city and castle of bristoll , did before the siege thereof in my hearing promise and give out in speeches , that he would defend the same against the enemy to the utmost , and dispute every inch of ground from the forts to the gates , and if they won it they should win it by inches , and from the gates of the city to the castle , which he would defend to the last . and that upon the said speeches and promises , and intimation from the said governour , he this deponent did send in three or foure moneths provisions , or more into the castle for himselfe and his family , and did bring the greatest part of his estate thither , conceiving the said castle to be strong and tenable , and that he should have been there secured , though the city had been forced by the enemies : who afterwards besieging the said city , were severall times manfully repulsed with great losse of many of their men , and but few of ours . and when some of them had entred the line in one place ( the rest in all other places being beaten off ) on the wednesday morning when they last stormed it , this deponent repaired to the said governour in the morning , and desired him earnestly to beate them out againe ; after which , the enginere told this deponent , that he with one hundred men would undertake to beate them out that were entred . and further saith , that when the said city and castle were surrendred to the enemy , the out-forts thereof were not taken , nor the walls of the castle battered , neither were they besieged above foure daies ; and that he lost his goods in the castle , which the enemy seised on . iames powell . iames powell likewise attested viva voce , upon oath , before the counsel where the defendant produced him , as a principall witnesse for him , that there might have been raised in bristoll ( over and above the garrison and souldiers in it during the siege ) at least six or eight thousand able men fit for service ; judge then whether he had any want of men , when as he might have raised so many thousands there . the testimony of william deane . i william deane of the city of bristoll , baker , lately one of the traine souldiers there , serving under captaine grig in prior-hill fort , when the same was lately besieged by prince rupert and the kings forces , doe testifie upon my oath , that col. nath. fiennes , late governour of the said city and castle thereof , did two or three weekes before the siege thereof , cause publike proclamation to be made . that all inhabitants of this city should furnish themselves with three moneths provisions for them and their families , and intimation was given then likewise to this deponent , and divers best affected to the parliaments service , to send in part of their estates into the castle , to be there secured in case the city should be taken , with three moneths provision or more ; whereupon this deponent sent part of his estate , and provision for himselfe and his family for at least three moneths into the said , castle , presuming that the governour would have defended it to the uttermost . and he further deposeth , that on wednesday morning the twenty sixth of iuly last , the enemy stormed the out-workes of the said city very furiously , but were generally repulsed with extraordinary slaughter of their men , and namely at prior-hill fort , where this deponent served , where they flew and hurt many of the enemies * without the hurt or losse of any one of their men , and made them retire in disorder ; and that morning a few of the enemies ( conceived not above two hundred or thereabouts ) having entred within the line neere the colledge greene ; thereupon one came riding post in a furred cap to the fort and lyne where this deponent was , commanding the souldiers there upon paine of death to come off thence ; and retire into the city , for the cavaliers had taken the towne : which the souldiers not beleeving , having then newly beaten off the enemy with great losse , from that quarter , sent this deponent to know the truth thereof ; who repairing to the maine guard , they informed him that all was well in the city and elsewhere : whereupon he returned presently to his companions that sent him , acquainting them therewith , and within one quarter of an houre after , another came riding up to the said fort and line , crying out , gentlemen what doe you meane , you must under paine of death come off from the line and workes . and immediatly after a third horse-man came , saying , gentlemen , under paine of death stand to your armes ; upon which contradictory messages , this deponent was sent by his company to know what they should doe ; who meeting the said governour in the streete at the pitty-heard by accident , used these words to him , noble governour , we are commanded upon paine of death to quit and come off from our works and line , which we are very unwilling to doe , this being that the enemies desire , it being an easie matter to take the workes when there are none to guard them ; to which the governour flatly answered , that they must come away thence : whereupon the souldiers very unwillingly left the said workes and line , the gunner threatning to shoot all those that should depart ; and this deponent and other souldiers spoyled about one barrell of powder , and another of shot at the line , because the enemy should not gaine it in their absence ; after which this deponent repaired to the governour to his house in broad-street , where he was taking horse , and said unto him ; noble governour , if you please to give me a warrant , i will goe to our captaine , and cause him to beate up his drummes , for he and his souldiers are all willing to fight , and we will goe into the suburbs where the enemy is entred , and try what good we can doe among them ; to which he gave no answer at all , but insteed of encouraging us to beate out the enemy as we desired , and were ready to doe , he fell to treat with them about the surrender of the towne and castle , to the great griefe and discontent of this deponent and others , who would have defended them to the utmost ; and of some women , who in this deponents hearing desired captaine stiles ( as he remembreth ) and his men to goe couragiously against the enemy , and if they feared the canon , we ( said they ) and our children will put our selves betweene the canons mouth and you , to dead and keepe off the bullets ; or words to this effect ; which much moved and encouraged this deponent to have beaten the enemy out of the suburbs . and this deponent saith , that when the said governour treated with the enemy , they had not taken any of their forts to his knowledge , nor made any one shot against the castle or towne walls , for ought he knew or heard ; and that there wanted neither provisions nor ammunition , nor men to defend the same , or at leastwise the said . castle , which was strongly fortified , victualled , and provided with all necessaries for a long siege ; all which , together with the souldiers armes , and colours , were unexpectedly surrendred to the enemy , to the great griefe of this deponent , and others of his company . william deane . the deposition of thomas munday . i thomas munday , late garrison souldier in bristoll under captaine loyde during the siege thereof , doe attest upon my oath , that i being in the marsh at bristoll , with my captaine and company , the tuesday before the enemy entred the line , captaine langrish comming to the workes there , and col. nathaniell fiennes then governour of the city , i said to langrish , captaine , yonder is a very suspitious place and not fully fortified , betweene brandon hill and windmill hill fort , and it is very doubtfull , that unlesse you set an hundred musketiers more there , it being very weakly manned , the enemy will there make the first breach , pointing to the place with my hand ; which words the governour hearing , asked in an angry manner , what , doth he prate ? whereupon this deponent replyed ; i hope it is no offence to you sir what i speake ; and the very next morning the enemy made a breach , and entred at that very place . after whose entry this deponent spake to master cowling and to a city captaine , one after another , to advise the governour to stop up the way which came downe from the back and the key , and to place musketiers upon the city wall , and thrust three or foure peece of canon through the wall over against the marsh ; which had it been done , the enemy could not have entred the marsh or city , when they were within the line , but we must have slaine abundance of them : which thing was not done , nor yet the hedges neere the city cut downe before the siege , which gave great advantage to the enemy to annoy us ; and he saith , that the castle was extraordinary strongly fortified , and stored , and very tenable as he beleeveth , and that he knevv nothing of the agreement , to surrender the city and castle to the enemy till a little before they were to march out of the same , so as he had no time to hide his sword or armes , and that he and sundry of the other souldiers were much discontented at the surrender thereof , and would have fought it out to the last ; and that he saw divers of the souldiers breake their rests and pikes , and beate their muskets on the ground in discontent ; and that when they were to march forth , they were led up , and downe from one gate of the city to another severall times , and pillaged openly as they marched through the streetes , without any order taken by the governour for their releefe , for ought he heard or saw . thomas munday . the testimony of richard butler . i richard butler , who served under the enginere iohn warden in the castle of bristoll , both before and at the siege and surrender of bristoll affirme upon oath , that wee had in the castle at that time one hundred and forty granadoes , and a new morter-peece ; that the said iohn warden did often importune the governour col. nathaniell fiennes to give him leave to make a shot at the enemy out of the said morter-peece , but the said governour commanded him upon paine of death not to make any shot at them without his speciall license , but the said governour never gave the said warden license to shoote at them ; whereat the said iohn warden was so grieved , that he often complained the towne was betrayed . he saith he wrought fifteene or sixteene weeks , but never received any money excepting twenty shillings . richard butler . the deposition of abell kelly . i abell kelly one of the trained souldiers in the city of bristoll , under the command of colonell charlton , whiles col. nathaniell fiennes was governour of the said city and castle of bristoll , and during the time it was besieged by the enemy , doe testifie upon oath , that captaine birch by the direction of the said colonell fiennes did give order to this deponent and divers other citizens of the said city , who were best affected to the parliament , about a week before the same was besieged , to bring in their estates into the castle of the said city , and so much provision as would well serve them for the space of three moneths , promising them , that in case the said city should he forcibly taken by the enemy , that then he the said colonell , and they who should send in their estates and provisions would retreat into the said castle , and maintaine the same . whereupon this deponent and divers other inhabitants of the said city did bring in their estates , and three moneths provisions into the said castle , presuming that the said col. fiennes would have manfully defended the same against the enemy according to his said promise ; but he beyond our expectation , before any of the out-forts taken , or walls of the said city , or castle were battered , or assaulted by the enemy , upon the entry of some few of the enemies within the line of communication , and before the said city had been besieged the space of foure whole daies , delivered up both the said city and castle , with all the armes , magazines , canons , ammunition , colours , and prisoners therein to the enemy , though this deponent verily beleeveth there was sufficient provision and victualls in the said city and castle , to have maintained the same for the space of three moneths ; the said governour having about a fortnight before the said city was besieged , made publique proclamation throughout the said city with a trumpet , that every inhabitant should furnish himselfe with sufficient provision for three moneths space ; and this deponent further saith , that at the time of the said siege , in the said city and castle and the forts thereof , there were about two thousand foote souldiers besides horse , to defend the same , there being not above eight of our men lost during the said siege , many of which souldiers were much offended and discontented at the surrender thereof to this deponents knowledge , and himselfe among the rest , who lost all his estate that he carried into the said castle , by reason that many of the enemies were admitted into the same , and the prisoners there released by the said governour before the houre agreed on in the articles , who seized upon and plundered the goods which were brought into the castle as aforesaid , to be there secured . abell kelly . the deposition of arthur williams . i arthur williams stationer , and late souldier under captaine birch , in tower harris in the city of bristoll while the same was lately besieged by the enemy , doe testifie upon my oath , that the very morning that collonell nathaniell fiennes then governour of the said city treated with the enemy about the surrender thereof , he this deponent did see as much match as foure horses could well draw , brought out of the said city into the castle thereof , and that the keeper of the magazine of the said castle , did then deliver unto this deponent two barrells of musket and carabine shot , and two slings of match for the use of the said tower harris ; and did likewise tell this deponent that there were sixty barrells of powder or there abouts then remaining in the magazine of the said castle , and that this deponent doth verily beleeve , that there vvas sixty barrell of povvder more in private mens houses that sould povvder , besides match , then vvithin the said city , vvherein five or sixe barrells of povvder vvere made every vveeke ; and this deponent doth likewise beleeve , that there vvas victualls and provisions enough of all sorts vvithin the said city and castle of bristoll , at the time vvhen they vvere surrendred to the enemy , to have kept the same for at least three moneths space ; and further deposeth , there was not any one of the out-forts of the said city or castle taken , nor any battery made , or assault given to the walls of the said city or castle , and but eight of the said garrison slaine , vvith the losse of above five hundred of the enemies ; and that there was in the said city and castle when they were surrendred by the said governour , neere about two thousand five hundred souldiers foote and horse to defend the same , many of vvhich at the surrender vvere very much discontented , and vvould have defended the same to the utmost . arthur williams . the testimony of richard winston . richard winston an inhabitant of bristoll , and a souldier at the time of the siege and surrender thereof under captaine husbands , who had the defence of brandon hill fort , affirmeth upon his oath , that he saw when the breach was made in the line of communication , where the enemie entred early upon a wednesday morning , he conceived there were not above . of them who entred at the first , and the enemies horse stood in a body without the line , and offered not to enter and second them , but gave them ( as this deponent conceiveth ) , for lost men for almost tvvo houres together , and then at last the said horse entred . he further saith , that the first nevves they heard of an agreement made to surrender the tovvn and castle , vvas from the enemies , vvhich not being beleeved by captaine husbands , he sent into the tovvn to knovv the truth thereof , and found that colonell nathaniel fiennes the governour * vvas gone out of the tovvn vvith his company , and left the city and castle in possession of the enemie that morning , being thursday . the governour gave no encouragement to the souldiers , and often called upon them to be sparing of their powder . richard winston . the testimonies of richard lindon and edmond wathin . the testimonies of richard lindon and edmond wathin gunners in the castle of bristoll , before and at the late siege and surrender thereof ; each of them for himself affirmeth upon his oath , that considering how the said castle was furnished with ordinance well planted , and stored with powder , ammunition , victuals and all things else fit to hold out ; and comparing it and the situation thereof , and the manner of its fortifications with the present strength of the enemie , to whom it was surrendred : they do not thinke it possible for the said enemie to have taken it , if the governour colonell nathaniel fiennes had not surrendred it . richard lindon , edmond wathin . the testimony of iames coles . i james coles late citizen of bristoll , and a trained souldier long before and during the siege thereof , when colonell nathaniel fiennes was governour there , do attest upon my oath , that i continuing in the city about three weekes after the same was surrendred to the enemie by the said governour , did heare divers of the enemies souldiers , who first entred the line say , and confesse , severall times in this deponents company , that when they first entred the line , they did all give themselves for dead men , and that they thought they should have been shut in , and the breach made good against them : and this deponent further saith ; that he heard three of the enemies cavaliers , who were quartered in his fathers house , oft say and confesse , that after their repulse on : whitechurch side , before the parley with them , they were so discouraged , and out of hopes of gaining the city , that a whole regiment of their horse retreated . miles from bristoll to whitchurch , with a resolution to come on no more , and that soone after word was sent to them to come away , for they had hopes that the city would be delivered up unto them upon a parlee ; which was accordingly surrendred by the said governour , to the enemy ; before any the out-forts thereof were taken , or the city or castle were assaulted . iames coles . the testimony of ioseph proud. i ioseph proud , late inhabitant of the city of bristoll and a souldier there , do testifie on my oath , that i continuing in the said city , some six dayes after the surrender thereof , did heare divers of the enemies cavaleers say , what a cowardly fellow was colonell-fiennes to leave such a city as bristol , and divers words to the like effect . ioseph proud. the testimony of ione batten . i ione batten an inhabitant of bristoll , do testifie upon my oath , that i was in the said city during the late siege thereof , and lived at saint austins back in bristoll . that the enemy began to approach upon sunday : that upon munday and tuesday they were in fight : that upon tuesday night about eleven or twelve of the clock at night , i saw major langrish go , with one man bearing a torch or linke before him , over the back towards the colledge greene , but saw him not come back againe untill after the enemy had entred the line , which was about foure of the clock on the wednesday morning . and the souldiers upon the enemies entring the line , were called off the line , and did then report there was not above one hundred enemies entred . and that the said langrish afterwards comming back to froom gate , his troope came along with him whom he had brought from the lime-kilnes or thereabouts . and upon the sound of the trumpet he was let in at froom gate ; * all men then crying shame that the souldiers were called off the line , and complaining they were betrayed ; i further say , that one of the souldiers drawn off the line then reported , they were commanded to retreate into the city upon paine of death , for that the city was like to be lost . and that thereupon there were about . women of the said city , whereof this deponent was one , who went to colonell iohn fiennes , begging of him that he would be a meanes that the city and castle might not be yeelded to the enemy , offering themselves to worke in the fortifications in the very face of the enemy , and to go themselves and their children , into the mouth of the canon to dead and keepe off the shot from the souldiers : and the said iohn fiennes answered them , * that rather than he would consent to the surrender of the city or castle , he would consent to be hanged . and presently the same day being wednesday , a message was brought from the governour colonell nathaniel fiennes to the said women , commanding them to go to froome gate , and there make a bulwarke of earth ; which by direction of the engineer they did , this deponent being one of them . but while they were at worke and had almost finished the said bulworke ( being about . or . foote thick ) the treaty was in agitation and concluded upon , to their great griefe . i further affirme upon oath that i saw a large broad dray , heavie laden with roles of match , the same morning the parly was , drawne into the castle by three or foure horses . this i testifie upon oath , the th . day of november . in witnesse whereof i have here set to my hand . ione batten . the further deposition of ione batten touching the surrender of bristoll . i jone batten late inhabitant of bristoll , do testifie upon my oath , that i and some other inhabitants and souldiers of that city , departing thence on the thursday after the surrender thereof by colonell nathaniel fiennes , did on that day and the next , meete with divers of the cavalieers on the way in severall companies riding towards bristoll , many of them very gallant , cloathed in scarlet , who severall times demanded of this deponent and the rest , whence they came , who answering from bristoll , they thereupon severally demanded of us ; where is fiennes the governour ? we answered , we could not tell : whereupon they severally replyed oft times , we hope the covvard is taken , and cryed out vvith better oathes and curses , hang him , hang him ; and likewise reviled him , and the souldiers and troopers they met , oft calling them cowards , and cowardly slaves , for giving up such a city as bristoll was , so cowardly as they did . ioane batten . the deposition of etheldred huddy . i etheldred huddy late inhabitant of bristoll , and continuing in the castle thereof during the seige and since the surrender thereof by colonell nathaniel fiennes , to the enemie ; affirme upon oath that i being in the said castle since the said surrender , did heare some of the enemies cavaliers discoursing together , say one to another openly , we may thanke fiennes for this . and that divers of the said city to her knowledge were much grieved and discontented with the said governours unexpected parly with the enemy , and his surrender of the same unto them , which they expected he should have held out to the last . etheldred huddy . the testimony of dorathy hassard . i dorathy hassard , wife of matthevv hassard of saint evvins in the city of bristoll , do testifie upon my oath , that i was in the said city during the late siege thereof when colonell nathaniel fiennes was governour there , and that i did send into the castle of bristoll during the siege thereof , above three moneths provision for our family there , and a great part of our estate , hoping the same would be there preserved , and the castle defended to the utmost , according to divers promises by the governour to defend the same , as we were informed by divers of our friends ; and that when the newes came into the sayd city on the wednesday morning , that some of the enemies were entred within the line , this deponent with divers other women , and maydes , with the helpe of some men , did with wool-sackes and earth , stop up froome gate , to keepe out the enemy from entring into the sayd city , being the onely passage by which the enemy must enter , and when they had so done , they the sayd women went to the gunners ( this deponent being one of them ) and told them , that if they would stand out and fight , they would stand by them , and told them that they should not want for provision , during which time the said governour treated with the enemies , and beyond their expectation yeelded up the said city and castle to them , ( to her great griefe and discontent ) before the time agreed on , whereby all her goods in the said castle were lost , and seized on by the enemy . dorathy hassard . the deposition of mary smith . i mary smith late inhabitant of the castle of bristol both before , during , and after the siege thereof , and its surrender to the enemie by colonell fiennes , late governour of the said castle , do testifie upon my oath , that since the said surrender , i did oft times heare divers of the enemies commanders , when they viewed the works of the said castle say in my hearing ; * god damn us , all the devils in hell had never been able to take this castle if the governour vvould have held it out against us : and likewise said divers times in my hearing , that the said castle and city vvere very covvardly delivered up unto them , beyond their expectation . and further deposeth , that she this deponent , going up with provisions to the out-workes the morning before the parlee , when some few of the enemy had entred the line , heard divers of our souldiers and gunners complain and murmur , that the said governour rode thrice up in person to them that morning , and commanded them upon paine of death , to come from the workes into the city ; and that * he looked as pale as ashes , and had no heart . and that they would have held the city out till sir william waller or others had come and rescued the same . and that the souldiers and people were * generally discontented and offended , both with the said governours parley with the enemy , and with the surrender of the city and castle to them : and that divers of the city who were reputed malignants , went out to the works and fought valiantly to her knowledge , she being oft among them to carry provisions , and were very much grieved at the parly and surrender . and she further saith , she heard onely of two garrison souldiers and citizens slaine during the siege ; the bullets which fell into the city miraculously hurting neither man , woman , nor childe . and that there vvas a bundance of wheate , pease , bisket , wine , beere , beefe , cheese , butter , and all manner of provisions in the said castle sufficient to serve them for divers moneths . shee further attested in the advocates chamber and presence , after her deposition given in ( wherein it was omitted ) that the bristoll ships sent into ireland to transport the english souldiers , and irish rebells thence to fight against the parliaments forces here , were victualed with the provisions , left by col. fiennes behind him in the castle . mary smith . the deposition of william whithorne gunner . he personally deposed before the counsell , that he came from malmesbury to bristoll with major allen , and brought along with him neer . men , and armes , with such powder as the major formerly hath deposed ; that the hedges about the city were not cut downe , whereby the enemies were very much sheltered , and the garrison annoyed . that he was gunner in the sconce neere alderman iones his house , where the enemies were repulsed with great losse , the twenty sixth of iuly in the morning when they stormed it ; that some few of them entring the line in one place , all the souldiers on the line on that part , and in the sconce where he was , were ( to their great griefe ) unexpectedly called thence by major clifton , upon colonell fiennes his commands , into the city , and that in such a disorderly and tumultuous manner , that many of them left their muskets , pikes , armes , swords , powder , cartrages , bullet , and their very canons behind them ; whereupon himselfe , and one harris ( another gunner in priors-hill fort , according to former directions given them ) did spike up the touch-holes of their canons to make them unservisable to the enemy , to whose prey they were exposed , having none to guard or draw them off . that the sconces & places of the line which they wholly quitted upon this command , were much neerer to the body of the city , and more advantagious for the enemy then the place where they entred ; that they might have drawne the souldiers at the line into battalio there , and marched directly thence to charge the enemy immediatly without retreating into the city , which had been farre the nearer , speedier and more advantagious way to charge them , for then the companies had been kept intire , and in heart , the enemies entred had not received timely succours , and wee should have had the upper ground of them , to charge them downe the hill ; whereas by retreating into the city , wee lost much time , discouraged and disordered the souldiers , and at last in the long-delayed sally , were enforsed to charge the enemy up a very steepe hill , and narrow streete rising up with steps ; which much disadvantaged both horse and foote , and gave the enemy great advantage to beate them in againe . that major levves went out in the sally ( which was not till eleaven of the clock ) and was wounded in it . that in the sally the horse basely retreated upon the discharge onely of one drake , when onely one man of ours was slaine in the sally , and thereupon the surrender was made without any other encounter . vvilliam vvhithorne . the effect of the deposition of michael spark senior . that one master vvilliams of london booke-seller , living in pauls church-yard , informed this deponent and divers others , that he was in oxford when sundry of the enemies commanders came from the siege of bristol after its surrender , and that he being oft-times in their company drinking , heard them severall times vow and protest , god damme us , that vvhen they first entred the line at bristoll , they gave themselves all for dead men ; beleeving verily that they should all have been cut off , or blovvne up , as they might have been easily , having no reliefe in tvvo houres space : that they could never have taken the city or castle , vvhich vvere extraordinary strong , had not the governour most cowardly surrendred the same up unto them beyond their expectation : swearing god damme them , the governour was so hasty to yeeld up the towne and castle to them upon any termes , that he was ready to yeeld more then they desired , and whatsoever they propounded , as soone as they moved it , saying , that if they had had such a cowardly governour , they would presently have hanged him up : all which the said williams ( being questioned by the deponent for these speeches , whether he would avow them ) protested hee would justify on his oath when ever hee should be called thereunto , before any magistrate whatsoever . michael sparke senior . this vvilliams who could not be met with before the triall , being in the enemies quarters in the country , hath since attested the premises to divers others , and is ready to depose the same upon any occasion . the testimony of thomas thomas of bristoll . he being a youth about twelve yeares of age ( and children commonly speak truth ) did attest without oath before the counsell , de bene esse , that he saw colonell fiennes the governour in the high streete of bristoll , not long after the enemies entred the line , and that he looked very pale and fearefull : that divers of the souldiers in the castle in his hearing , cursed colonell fiennes for yeelding up the castle to the enemy , which they would have defended to the last ; saying , what , have wee been thus long watching and guarding the castle to no purpose , and must we now yeeld it up after all our watching and paines without striking a stroke , or fighting it out ? that hee heard divers of the cavaliers and enemies commanders , both in his fathers house where prince ruperts chaplains lay , and in other places in conference among themselves say ; that colonell fiennes was an arrant coward , that if they had such a cowardly commander they would presently have hanged him up ; and that they could not have taken the city or castle had not hee surrendred them so hastily beyond their expectation . he further saith , that he being at worke in making up the line where the enemy first entred after the surrender of the towne , heard marshall one of the engineers who made the workes , and revolted to the enemy when the towne was yeelded , tell the enemies captaines , who demanded why that place was not perfected , and no better fortified ; that he left it purposely for them to enter there , it being a place of greatest advantage for them to enter ; who thereupon demanding of him ; why he came not out to them to give them notice of it ? he answered , that hee knew them to be men of that skill and judgement , as they were able without any information from him , to take speciall notice of this place , and to make their best advantage of it . confessions of the defendants owne witnesses upon crosse examinations , viz. of captain iames husbands , captain nevill , lieutenant col. clifton , maior holmes , maior langrish and others . that the enemies who entred at first were but two hundred or thereabouts ; that no horse or foot entred to second them till two houres or more after their first entry . that they entred before sunne rising , and that the sally was not till betweene eleaven and twelve a clocke . that the souldiers on glocester-shire side upon the entry of the line , were all called off the out-workes under paine of death , and came off in disorder , many of them running the next way out of the field . that they lost onely six or eight men at most , had very few hurt , killed one thousand two hundred of the enemies , as prince maurice told major langrish , and maimed seven or eight hundred more . that none of the out-forts were taken , and had powder , shot , and provisions in them for a fortnights siege at least . that they never thought of the castle , or of retreating to it in the parly . that the enemies plundered our souldiers in the streetes , dismounting , pillaging , and disarming them . that major langrish and his squadron of horse refused to charge the enemy when they first entred ; that they might have then easily repulsed them had they changed ; ( and yet colonell fiennes never questioned him for his cowardise and treachery , but used him as a witnesse . ) that captain blake , and captaine husbands were left by the governour in brandon-hill , and windmill-hill forts , and that he was marched out of the city towards london , before they heard of the surrender of the city ; and that they received no command in writing from him , to surrender those forts to the enemy . the testimony of anthony nicolls esquire , a member of the commons house , concerning langrish , not used . while sir ralph hopton had taken taunton and bridge-water , i was with the horse that came out of devon , at somerton : major langrish was then quartered at a towne at least seven miles from bridge-water ; but on the alarum of the losse of those towns he came presently away with his troops to somerton , and would have gone to wells , had not colonell gold and my selfe threatned to present that carriage of his to the parliament : he comming in that hast to somerton , put all our forces in a running posture , that had not we perswaded some , by faire meanes , and punished others , they had all gone away in a great disorder , but our staying of langrish made all quiet : thus much i am ready to testifie on my oath if i am called to it , . of decemb. . anthony nicoll . the testimonies of some witnesses under their hands , who were dispersed into such places as we could not well finde them at the tryall , and were not used in evidence , by reason of absence . the testimony of captain councell . i captain councell do affirme upon oath that the castle of bristoll was very strongly fortified , and that i verily beleeve we might have defended it three moneths at least , and that when the enemies entred the line of communication ( there not being above . of them entred , as this deponent beleeveth , ) the common souldiers said , that if the governour would give them leave , they made no doubt but to beate them out againe ; and were discontented they had not leave given them . captain councell . the deposition of thomas taylor , lieutenant to serjeant major wood , touching the surrender of bristoll . this deponent saith upon his corporall oath , that he was a lieutenant under major wood , when the city and castle of bristoll was lately besieged by prince rupers ; colonell nathaniel fiennes being then governour thereof . that on wednesday the . of iuly last , the enemie giving a generall storme and assault to the out-workes of the said city , were valiantly repulsed by the garrison souldiers with great losse and slaughter to them , and the losse of not above . or . of our men onely : about . of the enemies as was generally reported and no more , entred the line neere the colledge greene , whereupon our men were by the governours direction commanded off the line , and particularly those of our regiment were by order drawne into the castle , whether this deponent came about an houre and a halfe after the enemies entring the line ; where finding a great company of men , women , and children , of meane condition in appearance ; this deponent betooke himselfe to the top of the castle , where he viewed that side of the workes where the enemy entred , but in two houres space of his continuance there , he could not perceive one enemy more to enter , neither indeed was there any probability they should , having so sharpe a repulse upon their desperate assault , that morning every where , at priors fort and brandon hill fort ; the multitude of their slaine men in the trenches and neere those forts , caused them to quit the places in great disorder , and to flye and disperse themselves as this deponent then well perceived , who afterward could discerne no enemies between that and the windmill fort , having received such hot entertainment from our souldiers all along those workes . and when this deponent first ascended the castle wall , he perceived about , of the enemies horse marching off , a mile as he conceived , from the works : whereupon divers of the souldiers were very desirous to return to the line from whence they were called , and one whom this deponent supposed to be an officer , being below in the green , exclaimed against us on the wall , because we went not againe to the line ; further crying upon this deponents demands , that he had a command for that purpose ; whereupon this deponent applyed himselfe to the governour colonell nathaniel fiennes , whom he met at the castle gate , and acquainted him therewith , which he then contradicted , commanding this deponent not to stir without order from himselfe , or his superior officers , which this deponent obeying , had no further notice of any thing , onely a little before night he heard there was a parley with the enemie , and about eight of the clock at night as he and his major were at supper ; they received intelligence that the conditions of surrendring the town and castle were concluded : whereupon this deponents major went to know what the termes of surrendring were , and upon his return gave him notice to prepare for a march by . of the clock the next morning ; and going about . of the clock to the castle that morning for his cloak-bag and cloathes , he found the gates thereof shut , and no admittance , but immediately after he pressing into the castle upon the opening of the wicket , found colonell iohn fiennes with some of his troopers , and many of our foot souldiers there ; but the keyes of the castle , contrary to the articles of agreement , were in the custody of one of the kings commanders , who assisted with . or . 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 . 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 . 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 . . decemb. . the . of iuly . 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 . notes, typically marginal, from the original text notes for div a -e in his check to the checker . see here p. notes for div a -e when so many joyntly petition both houses for undelayed iustice against grand delinquents . notes for div a -e * page . * 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. . 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 . h. . c. . * iohn . , . a see p. . and his letter to his excellency b see his own relation , p. . † page . and his letter to his excellency * relation p . his letter to his excellency , and reply to mr walker . * mercurius anlicus , aug. . p. . . 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 . g certainely , either the parliament have lost their reason and justice , or this respondent his wit and honesty , if such a strang paradox as this may passe for current . h this conspiracy was not discovered by him , but by one d●bbins , to m. walker the prosecutor , who discovered it to fiennes ; and was a chiefe agent in bringing the conspirators to punishment ; yet fiennes in his letter and papers arrogates all the honour of this discovery to himselfe , and receives all the thanks from the parliament . i the contemptible opinion the town had of the colonels spirit , was the cause of these speeches . k the strength sent to sir william waller was not considerable , the town disarmed , the garrison strong , the parliament masters of the west , so that a child might have adventred on this execution without difficulty or opposition . l hee writ many letters to them every week for moneys , and received ne●re l. from the parliament besides the cities and countries contributions and plunders , to effect this work for the enemy . m his costs and care in fortifying were ill bestowed , if the town and castle after all this expence , having a garrison of men in them were not tenable three dayes space . n the contrary was proved by divers witnesses . o it is certain bee never had their consents therto , and it was against their good will and liking , so far , that had iustice been done hee had lost his head for it . * all this appeared contrary by the proofes , and his iudgement . p all that ever read them deemed them such . q ergo , he removed him , and deemed it good service . r others would gladly have undertaken it had be refused the place ; and had hee certified his excellency or the parliament thus much before hand , they would never have committed a place of such consequence to him , who neither would nor could undertake to keep it . s a strang paradox contradicted by that which followes . t ergo , he held them not to the utmost point , not only of duty but a●so of honour , that any souldier could or ought to have maintained the same . u this clause to the end is a strange paradox , and shewes hee never had any intention to keep town or castle , but thought it his duty to surrender both . * there were but two gentlemen present , one voted against it partly , the other gave no vote at all . w if he can make any wise man but himself believe these palpable absurdities , and experimentall untruths , hee may deserve his pardon , for so good a piece of service , to the honour and best advantage ( as he saith ) of the kingdom and parliament . * no such thing proved , and if it were , it seems he had more care to satifie the citizens requests ( who were for the most part malignants , as he averred ) then to obey the parliaments commands , or preserve the kingdom . x but hee would not die or venter his life to keep the citie for the parliament , and provide for the kingdomes safetie . y through his own default , feare and permission . * the only neglect was in himse●fe , not in col. stephens or his major who would have beaten them out . z it was above three or foure houres before any more entred by his own witnesses confession , they entred a little after three , and the sally was not till , or , seven or eight houres after the first entry . † by his speciall command upon paine of death . * he went forth in the sally and was wounded ; and had his advice been followed the town had been saved , and the enemy cut off . † he was without faith , hope , or tryall . * his disorderly calling them off the line , and not imploying them for foure houres space , when called off was the cause of their d●serting their colours . a this is a very probable flory which manifests both himself , and his brother to be negligent , indiscreet , unskilfull governours , not fit for such a charge : orrather shews that they concealed their flores from the councel of war , to induce them to surrender the town upon this misinformation . b but why did he not send for the gunner to the councell , to know the truth , but adjourned this enquirie t●ll after the townes surrender , and his comming to london , if there were no treacherie in the businesse ? c he deserved to die for his negligence here confessed . d capt. bushell , the same night the articles were agreed on , being a prisoner in the castle , brake up the magazine doore , and sound no lesse then french barrels of powder , which make . of ours : and therefore this is a loud untruth . * but did it not . a note what aspersions be here cast upon sir william . reader , observe the answer to this article , and then judge of him that made it as thou feest cause . a this was more then massie had when glocester was first be sieged . * and doe not such a governor and councell deserve to suffer for such a wilfull ignorance of their sto●●s , that would first surrender the citie and castle to the enemy and then come to london to enquire what stores they had at bristoll when they yeelded it ? certainly if there were not treacherie , there must be much folly in such an affected ignorance . * was not this a sweet governour , that prosesseth he had no more cbarge of his chiefest fort , then of any house in the towne ? * quaere what those were , if not to keep it against the enemy a he was then very carelesse , if ignorant of his siores . * ergo he yeelded it up before extremitie , when he held it not three whole daies , and yeelded it before one shot was made against it , or approach towards it , or retreat into it . c this is formerly denied . * it had above three moneths provision , in half which time it would have been releeved . d note this , which proves that were it tenable , yet he was resolved to surrender it together with the citie : and is not this a confession both of his treachery and cowardize ? a prettie riddle : why then did he say he would l●se his head , if massie could hold it two daies if the kings forces came before it ? . * never with their owne disparagement ; but ever enemies make their conquests as difficult as may be , to adde to their owne valour and honour . col. fiennes his three first evasions . mr prynnes answer to them . * nota. * nota. * nota. col. fiennes his . and . evasions mr prynnes answers to them . col. fiennes sixth evasion . my prynnes reply . evasion . the reply thereto . evasion . the reply thereto . a a full relation , p. . . . evasion . the reply thereto . evasion . the reply thereto . a littleton , sect . . . see cookes institutes on it , fol , , . . evasion . evasion . the reply . object . . object . . object . . answ . . answer . answer . * mr powell , col. stroode , col. stephens , mr hassard , capt. bagnall . nota. . * see the depositions of col . strode , col. stephens , captain bagnall , mr powell , mr cowling , major wood , richard linpon , ed watlin , mr hassard . . . * 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 winsto●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 . answer . . . * page . allegation answer : matth. . . allegation * page . answer . * see the doom of trechery and cowardize . . * col. stevens , arthur williams , abel kelly , maior wood , and others . * relation p. * page . hee writes he raised about or men , and procured as many arms within dayes , which added to his former garrison of makes foote , besides those that came from malmesbury and his horse . and p. . hee writes , hee thought to have saved a body of horse , and foot to the state by the surrender : ergo he had so many , besides citizens and others that would stay behinde . . * psal . . . ps . . . ps . . . ps . . . iob . . ps . . . prov. . . isay . . isa . . . a ephes . . . . * see mr dornyes relation of that siege p. . allegat . . answer . a rev. . . b deut. . . iudg. . . . . isay . . . matth. . . . * see here , p. . . allegation object . . answ . . . . . . see mary smith , ethelred huddy , ioane battin , ioseph proud , mich. sparke , nich. collins . object . . answ . . . . object . . answer : * attested by nicholas collins and mich. spark senior . † see serieant hills deposition . * see nich. collins testimony . argum. . answ . . a matth. . . to . b matth. . . . . ioh. . . . c matth. . mart . luk. ● . iohn . a see the depositions of col. stroude , . powell , captaine bagnall , mr hassard and others . b see the full declaration , &c. p. . . argum. . answ . . . . c hence as plutarch ( writes the spartians would not wall about their city , placing their safety in their armes , not walls . ) . . argum. . answer . . argum. . answer . argum. . see the relation , p. . d . e. . b. . h. . . b. br trespas . dyer . b. e attested by col. popham and others . * ioan battin , mrs hassard . . . . . * iames powell , abel kelley , william deane , mrs hassard , and others . . * it himselfe or some of his had been governours of it . argum. . answer . argum. . answer . * see col. stroodes deposition . his letter to his excellency , and remonstrance a col. stroods deposit , confirmed by sir iohn horners testimony . b relations p. c see both their depositions . d see maior dowets testimony . e see the doom of cowardize . argum. . answer . f see the depositions of ione battin and mrs hassard . argum. . * see his letter to his excellency , p. . . 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. . iames powell mr hassard . cap. bagnall . col. strood . see the articles of surrender . major allen. mr baynton . major wo●d , mr powel , captain bagnall . b see the tragedy of bristol . p. . . . . captain husbands , rich. winston . major wood. a page . mr browne , mr pury . b see his relation , p. . , . object . . answer . * mr samuel brown. a page . . b see p. . . . . & letter to his excellency , p. . . &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. . * see his relation p. . . and his letter to his excellency . answer . object . answer . object . answer . mr talboye● nota. answ . . * see his relation p. . lime hath done the like for sixe weeks space . answer . ione battin , arth. williams , maior wood. page . . answer . * see his relation , p. . letter , p. . . * luke . . matth. . . iohn . . mr. powel , mr. hassard , capt. bagnall . * iohn . . what shall be judged utmost extremity to excuse a governour , and what not , &c. * see the doome of cowardize & treachery . object . answer . * page . king. . . isa . . . . kings . chron. . , , . a acts . . . . paradox . answ . . . . paradox . † he should have added banbury and oxford to the catalogue . answer . . . . . . a iudges . . . . * eccles . . . b letter to his excellency , p. . relation , . c livi. rom. hist . l. . * see graftons chron. p. . . . a yea houden annal. pars prior p. . stiles it castrum fortissimum in william rufus his reign . . . paradox . answ . . . . . * see his relation pag. . * see grimstons history of the netherlands p. , . * . r. . num . , . * walsingham hist . angl. p. to . holinshed . speed. grafton in an . rich. . answer . reply : answer . reply . answer . reply . calumny . answer . . * waising . hist . angl. p. . see . e. . n. calumny . answer . . . calumny . nota. answer . * the king himselfe cannot pardon a common nusans nor an offence or iniury against the common-wealth without the parliament ; nor any offe●ce where any private person shall have a particular interest , as our law-books resolve . * see obiection . in the check . a see his commentary on his pretended pardon . the prologue to all the well-affected partie , and quere's . argum. . answer . . . . . . argum. . answer . . a belgica hist . vniversalis l. p. . . . b pag. . . c see here , p. . a see the close of his pardon . notes for div a -e * artic. . * artic. . . yet he prints in his relation p. . that mr. stephens the deponent was present at a counsell of warre which consented to a parly . artic. . . * artic. . * article . . nota. * article . artic. . artic. . this was the defendants chief officer and witnesse , of whose judgement you have here a tast . artic. . * artic. , , , , . artic. , , , . nota. nota. * which were all surrendred . * this sir iohn himself confessed on his oath before the councell . nota. artic , . . . artic. , , , , . nota. nota. nota. nota. nota. nota. nota. nota. article . 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. . . . . . . . nota. * nota. * never imployed either to repulse the enemy at the line , nor in the sally . * nota. * he meanes a publike one . * but , or . nota. artic. . , . artic. . , . mr. hassard . * maior wood deposeth hee confessed there were . arth. williams that there were . & cap. bushell found there double barrels * richard butler deposeth , . granadoes not one of them used . article . . . nota. article . artic . . . . nota. artic. , , , , . nota. artic. , , . &c. note this discreet reason . artic. . . . . . nota. artic. . . . nota. nota. nota. nota. nota. art. . . , . . nota. nota. nota. art. . . . nota. nota. art. . . . . . nota. artic. . . . artic. . . . 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 . . . . nota. article . nota. article . article . . . nota. * nota , i doubt he will not make good the last part of his promise . article . arti. . . . artic. . . . artic. . . . art. . . . . nota. nota. nota. nota. art. . . . nota artic. . art. . . . . artic. . . . * deut. . . mat. . . * heb. . . * see the title of the check to the checker mr. peters report from bristol, made to the house of commons, from sir thomas fairfax. the articles treated on for the surrender of bristoll, with the castle and forts, on tuesday last; and with what ordnance, cullers, and armes. as also ruperts propositions, in the behalfe of the bishops, prebends, and queristers there. and the particulars of sir thomas fairfaxes proceedings since the siege; against the false rumours of malignants. together with some intercepted letters from rupert, and others. commanded to be printed, and published according to order. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. peters report from bristol, made to the house of commons, from sir thomas fairfax. the articles treated on for the surrender of bristoll, with the castle and forts, on tuesday last; and with what ordnance, cullers, and armes. as also ruperts propositions, in the behalfe of the bishops, prebends, and queristers there. and the particulars of sir thomas fairfaxes proceedings since the siege; against the false rumours of malignants. together with some intercepted letters from rupert, and others. commanded to be printed, and published according to order. peters, hugh, - . [ ], p. printed for jane coe., london, : . annotation on thomason copy: " bre. " [i.e. september ]. reproduction of the original in the british library. eng peters, hugh, - -- early works to . fairfax, thomas fairfax, -- baron, - -- early works to . rupert, -- prince, count palatine, - -- early works to . bristol (england) -- history -- siege, -- early works to . great britain -- history -- civil war, - -- campaigns -- early works to . a r (thomason e _ ). civilwar no mr. peters report from bristol,: made to the house of commons, from sir thomas fairfax. the articles treated on for the surrender of bristo peters, hugh d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. peters report from bristol , made to the house of commons , from sir thomas fairfax . the articles treated on for the surrender of bristoll , with the castle and forts , on tuesday last ; and with what ordnance , cullers , and armes . as also ruperts propositions , in the behalf of the bishops , prebends , and queristers there . and the particulars of sir thomas fairfaxes proceedings since the siege ; against the false rumours of malignants . together , with some intercepted letters from rupert , and others . commanded to be printed , and published according to order . london , printed for jane coe . . mr. petrs report from bristoll ; made to the house of commons , from sir thomas fairfax . mr. peters came on munday last from the army , being sent up by the generall upon matters of great importance . upon tuesday morting he was called into the house of commons , and there he spake to two particulars ; viz. first the giving an accompt of the armies marching to bristoll : and secondly , what they had done there , in order ; to the taking of that citie . and for the former ; there were m●ny inducements ( after they had taken sherburn and romney ) thither to go , rather then to the west : as , the intreatie of the people of so●erset , which were strong ; the horrid crueltie of prince rupert , who began to burn all the countrie behinde the armie ; the increasing of his forces , whereby he might with the help of the malignant incensed club-men of dorsetshire , fall upon the rear of the armie : besides , he might have spoiled most of our summers work in these parts ; and the army feared to fall into some other former errors , by onely passing through the country , to leave them in worse case then they found them . but by taking bristoll ( if god would giue that blessing ) the countrie would be cleered from them even to exeter . moreover , rupert was farre more considerable then goring , and of more repute ; and in the west they were very slow in their rising , though all meanes used ; their own differences many , and if our army had followed goring , he had gone into cornwall , where the whole country had been helpfull to him , which they denied otherwise . to all which may be added , that bristoll could not be assaulted in a better time , they wanting all things for food . the armie had lain there ● . dayes , and though the plague were in the town , and in every village round about , not a souldier was tainted with it , nor above twenty men lost by all the salleys the enemie have made . he also reported , that he conceived great hopes ( through gods blessing ) for taking it , they being even readie for the storme at his departure ; the line of . or sixe miles compasse , and the militarie 〈◊〉 no way able to defend so much ground ; our seamen by portshead fort out off , readie to help also . the said master peters being the last week commanded to preach to the clubmen of sommers●t●hire , he met there on merdiffe hill , and there about or . horse and foot appeared , when he preached twice on horse back , and the issue was a generall resolution to come into us , which the next day they did about . he was perswaded though this was not an omnipotent army , yet the lord would owne it and blesse it , there being much diligence used for the taking away evils attending such multitudes , many people mourne and shed teares in their quarters where they part with our honest souldiers ; we very seldome heare the least complaint against any souldiers : doubtlesse god is with them . master peters humble petition from the generall to the house was , that they would please to recruit the army to the first intention of horse and foot , and he did hope the state would soon have a good account not onely of the west , but also of the kingdome , notwithstanding the kings last march , and our brethrens departure . he left also some intercepted letters , one blasphemous going to oxford which is here inserted . when the iniquityes of the ammorites are full , gods people fall to canaan , let us wait and see the salvation of god , and pray hard for that army , that is willing to do for you , to their utmost . there are also some other papers , which mr. peters presented to the house that were intercepted ; by some that came out of bristoll , and elsewhere ; here followeth the copies of two of those letters ; one from a a collonel in bristoll , to the dutchesse of buckingham , and the other from prince rupert , to the club-men . a copie of collonel crowches letter , to the dutchesse of buckingham ; intercepted as it was carrying out of bristoll , by a scout of prince ruperts . madam , the last letter i writ to your grace miscarried but the losse was but little , to you , seeing their was nothing at all in it worth your care , it was only to let you know that this unlucky siege , hath prevented godson , and your most humble servant , from the happy journey they intended , and in earnest i think it will be all the mischief the enemie will do us , though by their staying here , they may continue their malice , yet if we have your good wishes , i am sure we can never miscary ; and seriously , because without doubt there are above ten righteous persons in this citty . ( * that is such that are wholly dedicated to your service . pray wish us well , and i assure you madam , let the number be never so great , there will be none amongst them , that is not at your devotion , then your graces most humble and most obedie●t faithfull servant , w. crowch . bristoll , wednesday the . . here followeth also a copy of a letter sent from prince rupert to the club-men , before the siege was laid before bristoll , or they quelled ; wherein we may see how he then carried himselfe towards them . gentlemen , being informed of your good inclinations for his majesties service , and in order to your late humble addresse u●to him , i thought fit for me to acquaint you with such certain intelligence which i received from good hands , and from persons of eminent credit , as like wise by letters lately intercepted , wherein you are all concerned ; least by the delusive lets and subtilties of the enemies , you may be diverted from those good resolu●ions which you have so freely exprest , and by their faire invitations involved in an irrecoverable ruine . the one is , that there is expresse comm●●d ●●me from the parliament to generall fairfax , by violence and force to suppresse you , if by faire meanes he cannot draw you from your alegiance to adhere to him , but howsoever to seize upon the ring-leaders , who shall and must be conceived to be utterly incapable of their pardon , and with these particuolar expressions , to destroy the seeds of sedition and rebellion sowen by those hollises of wil●s in dorset , for presenting a petition to have justice done , condemning injuries done by the garrisons to club-men , ( least it inforced them to joyne with the kings forces ) which will be a great work , and of at great concern as the victory it selfe . vpon these representaions i doubt not , but you will consider of your present condition , that you cannot disert his majesties cause , without violence to conscience and honour , nor yet partake in their rebellion , but with inevitable ruine to your persons ●●d liberties , and that to be inforced upon you by those that now court you most , and that by superiour command . at which , i referre to your serious considerations , giving you assurance that i shall not be wanting , to doe all those good offices , that shall make me really appeare . your loving friend , rupert . bristoll this th iuly , . gentlemen , we have presumed to break up this letter , and are not discouraged by it , for our journey . we have speeded it unto you , and leave it to your considerations . george ha●les . william leigh . john estmond . sir thomas fairfax having sent the last summons into bristoll to prince rupert , on sunday night september the . he having all things in a readinesse to storme ; and intending to fall on the next morning , received propositions from rupert , that if he would permit him to march away with peece of ordnanc● , cullers flying , cariages armes and ammunition , bag and bagagge , and all the souldiers and bishops , and prebends , and queristers , gentlemen and others , with a safe conduct , that then he would deliver us bristoll , with all the forts and castles , &c. to this sir thomas fairfax returned answer , that for the termes of honour , he would do what was fitting for his degree ; that is to march away with peece of ordinance , cullers , armes , &c but for his other propositions viz. concerning the protection of the bishops , &c. he desired to be excused . sir thomas fairfax was resolved if rupert would not agree as munday september the . that he would then storm , being resolved to admit of no delay . tuesday was the day nominated for the surrender of bristoll , and commissioners of both side were chosen . finis . notes, typically marginal, from the original text notes for div a e- * hereby you may see what the cavaliers fight for ; even for their popish mistresses : the receiving of whose blessings , they think themselves righteous in ; to serve whom , they cast off both god and man .