A true and full relation of the prosecution, arraignment, tryall, and condemnation of Nathaniel Fiennes, late colonell and governor of the city and castle of Bristoll, before a councell of war held at Saint Albans during nine dayes space, in December, 1643. Touching his cowardly and traytorly surrendering of this city and castle, with all the canon, ammunition, arms, magazines, prisoners and colours therein to the enemy, in lesse then three whole dayes siege, before any outwork taken, or the least battery or assault agains the city or castle walls; to the ineffable losse, danger and prejudice of the whole kingdom. Set forth at the earnest desire of many persons of quality, to vindicate the verity of this much disguised action, prosecution, tryall, sentence, and some subsequent proceedings; ... / By William Prynne and Clement Walker, Esqs;
         Prynne, William, 1600-1669.
      
       
         
           1644
        
      
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         99868888
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             A true and full relation of the prosecution, arraignment, tryall, and condemnation of Nathaniel Fiennes, late colonell and governor of the city and castle of Bristoll, before a councell of war held at Saint Albans during nine dayes space, in December, 1643. Touching his cowardly and traytorly surrendering of this city and castle, with all the canon, ammunition, arms, magazines, prisoners and colours therein to the enemy, in lesse then three whole dayes siege, before any outwork taken, or the least battery or assault agains the city or castle walls; to the ineffable losse, danger and prejudice of the whole kingdom. Set forth at the earnest desire of many persons of quality, to vindicate the verity of this much disguised action, prosecution, tryall, sentence, and some subsequent proceedings; ... / By William Prynne and Clement Walker, Esqs;
             Prynne, William, 1600-1669.
             Walker, Clement, 1595-1651.
          
           [8], 119, [1], 40 p.
           
             Printed for Michael Sparke, senior, at the signe of the Blew Bible in Green-arbour.,
             London, :
             1644.
          
           
             Annotation on Thomason copy: "Aug: 12th".
             Reproduction of the original in the British Library.
          
        
      
    
     
       
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         eng
      
       
         
           Fiennes, Nathaniel, 1607 or 8-1669 -- Early works to 1800.
           Bristol (England) -- History -- Siege, 1643 -- Early works to 1800.
           Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800.
        
      
    
     
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           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
           ,
           1643.
           
        
         
           Touching
           his
           Cowardly
           and
           Traytorly
           Surrendering
           of
           this
           City
           and
           Castle
           ,
           with
           all
           the
           Canon
           ,
           Ammunition
           ,
           Arms
           ,
           Magazines
           ,
           Prisoners
           and
           Colours
           therein
           to
           the
           Enemy
           ,
           in
           lesse
           then
           Three
           whole
           dayes
           Siege
           ,
           before
           any
           Outwork
           taken
           ,
           or
           the
           least
           Battery
           or
           Assault
           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
             .
             18.
             13
             ,
             14.
             
          
           
             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
           .
           1644.
           
        
      
       
         
         
         
           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
           3.
           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.
           35.
           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
           19.
           of
           October
           1643.
           
             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
           13.
           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
                 1
                 ,
                 2.
                 and
                 7.
                 verses
                 of
                 the
                 23.
                 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.
               23.
               1
               ,
               2
               ,
               7.
               (
               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
                 ,
                 
                   17.
                   
                   Novemb.
                   1643.
                   
                
              
            
          
        
         
           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.
                     19.
                     
                     October
                     1643.
                     
                  
                
                 
                   
                     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
                     15.
                     
                     Novembris
                     1643.
                     
                  
                
                 
                   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
           19.
           of
           October
           till
           the
           14
           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
           14
           of
           December
           1643.
           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
                   .
                
                 
                   1.
                   
                   
                     IN
                     primis
                  
                   ,
                   That
                   he
                   the
                   said
                   Colonell
                   
                     Nathaniel
                     Fiennes
                  
                   ,
                   did
                   suddenly
                   apprehend
                   ,
                   imprison
                   ,
                   and
                   remove
                   Colonell
                   
                     Thomas
                     Essex
                  
                   ,
                   late
                   Governour
                   of
                   the
                   said
                   City
                   and
                   Castle
                   ,
                   from
                   his
                   government
                   there
                   ,
                   upon
                   pretence
                   that
                   hee
                   intended
                   to
                   deliver
                   up
                   the
                   same
                   (
                   not
                   then
                   fully
                   fortified
                   ,
                   or
                   sufficiently
                   provided
                   to
                   withstand
                   any
                   long
                   siege
                   )
                   into
                   the
                   hands
                   of
                   the
                   common
                   enemies
                   of
                   the
                   Kingdome
                   and
                   Parliament
                   ,
                   contrary
                   to
                   the
                   trust
                   reposed
                   in
                   him
                   ;
                   and
                   that
                   hereupon
                   ,
                   hee
                   the
                   said
                   Col.
                   Fiennes
                   obtained
                   the
                   government
                   of
                   the
                   said
                   City
                   and
                   Castle
                   for
                   himselfe
                   ,
                   and
                   undertooke
                   to
                   defend
                   and
                   keep
                   the
                   same
                   ,
                   to
                   the
                   uttermost
                   extremity
                   against
                   the
                   said
                   enemy
                   ,
                   for
                   the
                   use
                   of
                   the
                   King
                   and
                   Parliament
                   ,
                   and
                   not
                   to
                   surrender
                   the
                   said
                   City
                   and
                   Castle
                   ,
                   or
                   either
                   of
                   them
                   to
                   the
                   said
                   enemies
                   ,
                   or
                   to
                   any
                   other
                   person
                   whatsoever
                   ,
                   without
                   the
                   previous
                   consent
                   and
                   order
                   of
                   the
                   Parliament
                   .
                
                 
                 
                   2.
                   
                   Item
                   ,
                   That
                   the
                   said
                   Colonel
                   ,
                   soone
                   after
                   hee
                   became
                   Governour
                   of
                   the
                   said
                   City
                   and
                   Castle
                   ,
                   did
                   by
                   Martiall
                   law
                   ,
                   apprehend
                   ,
                   condemne
                   and
                   execuse
                   some
                   chiefe
                   Citizens
                   thereof
                   ;
                   Namely
                   ,
                   Master
                   Yeomans
                   ,
                   Master
                   Butcher
                   ,
                   and
                   others
                   ,
                   onely
                   for
                   intending
                   to
                   deliver
                   up
                   the
                   same
                   to
                   Prince
                   Rupert
                   ,
                   when
                   he
                   came
                   first
                   before
                   Bristoll
                   ,
                   (
                   not
                   then
                   fully
                   fortified
                   and
                   stored
                   )
                   though
                   they
                   did
                   not
                   actually
                   surrender
                   the
                   same
                   .
                
                 
                   3.
                   
                   Item
                   ,
                   That
                   he
                   the
                   said
                   Colonel
                   did
                   put
                   the
                   Parliament
                   ,
                   Kingdom
                   ,
                   Countrey
                   ,
                   and
                   City
                   ,
                   to
                   a
                   vast
                   expence
                   in
                   fortifying
                   and
                   furnishing
                   it
                   ,
                   and
                   the
                   Castle
                   thereof
                   with
                   Forts
                   ,
                   Sconces
                   ,
                   Canons
                   ,
                   Ammunition
                   ,
                   Armes
                   ,
                   Victualls
                   ,
                   Provisions
                   of
                   all
                   sorts
                   ,
                   and
                   with
                   Garrisons
                   sufficiently
                   able
                   to
                   defend
                   and
                   mantain
                   the
                   same
                   for
                   Three
                   moneths
                   space
                   or
                   more
                   ,
                   against
                   all
                   the
                   power
                   of
                   the
                   Enemies
                   ,
                   that
                   might
                   or
                   did
                   come
                   against
                   the
                   same
                   ;
                   and
                   did
                   likewise
                   promise
                   and
                   undertake
                   to
                   divers
                   Gentlemen
                   and
                   Inhabitants
                   thereof
                   ,
                   to
                   defend
                   the
                   same
                   for
                   so
                   long
                   space
                   or
                   more
                   ,
                   in
                   case
                   they
                   should
                   be
                   besieged
                   .
                
                 
                   4.
                   
                   Item
                   ,
                   That
                   he
                   the
                   said
                   Colonell
                   ,
                   notwithstanding
                   the
                   premisses
                   ,
                   when
                   the
                   enemy
                   came
                   before
                   the
                   said
                   City
                   and
                   Castle
                   ,
                   with
                   no
                   extraordinary
                   Forces
                   or
                   Ammunition
                   able
                   to
                   force
                   the
                   same
                   ,
                   and
                   besieged
                   them
                   not
                   above
                   three
                   dayes
                   at
                   the
                   most
                   ,
                   did
                   before
                   ever
                   the
                   enemy
                   had
                   taken
                   any
                   of
                   the
                   out
                   .
                   Forts
                   ,
                   or
                   Sconces
                   about
                   the
                   same
                   ;
                   or
                   had
                   made
                   so
                   much
                   as
                   the
                   least
                   battery
                   or
                   assault
                   upon
                   the
                   walls
                   of
                   the
                   said
                   City
                   or
                   Castle
                   ,
                   or
                   any
                   myne
                   or
                   breach
                   into
                   any
                   of
                   the
                   Forts
                   thereof
                   ,
                   contrary
                   to
                   his
                   former
                   trust
                   ,
                   promises
                   ,
                   duty
                   ,
                   and
                   the
                   honour
                   of
                   a
                   Souldier
                   ,
                   most
                   dishonourably
                   ,
                   cowardly
                   ,
                   and
                   traiterously
                   delivered
                   up
                   the
                   said
                   City
                   and
                   Castle
                   ,
                   with
                   all
                   the
                   Prisoners
                   ,
                   Canons
                   ,
                   Ammunition
                   ,
                   Artillery
                   ,
                   Armes
                   ,
                   Military
                   Provisions
                   ,
                   Magazines
                   ,
                   Victualls
                   therein
                   ,
                   and
                   the
                   very
                   Colours
                   too
                   ,
                   without
                   ,
                   and
                   against
                   the
                   consent
                   of
                   the
                   Parliament
                   ,
                   or
                   his
                   Excellency
                   their
                   Generall
                   ,
                   into
                   the
                   hands
                   and
                   power
                   of
                   Prince
                   Rupert
                   ,
                   and
                   other
                   common
                   enemies
                   of
                   the
                   Kingdome
                   and
                   Parliament
                   ,
                   to
                   the
                   extraordinary
                   great
                   danger
                   ,
                   dishonour
                   ,
                   losse
                   and
                   prejudice
                   of
                   the
                   whole
                   Kingdome
                   and
                   Parliament
                   ,
                   the
                   evill
                   example
                   of
                   other
                   Governours
                   and
                   Townes
                   ,
                   the
                   losse
                   of
                   most
                   of
                   the
                   Westerne
                   parts
                   of
                   England
                   ,
                   and
                   great
                   encouraging
                   ,
                   inriching
                   ,
                   and
                   strengthening
                   of
                   the
                   said
                   enemies
                   ,
                   both
                   by
                   Land
                   and
                   Sea
                   :
                   and
                   that
                   upon
                   very
                   dishonourable
                   Articles
                   ,
                   to
                   which
                   hee
                   was
                   no
                   wayes
                   necessitated
                   ,
                   and
                   had
                   no
                   care
                   to
                   see
                   them
                   punctually
                   performed
                   by
                   the
                   enemy
                   ,
                   when
                   complaint
                   thereof
                   was
                   made
                   to
                   him
                   for
                   reliefe
                   ;
                   to
                   the
                   great
                   prejudice
                   and
                   impoverishing
                   of
                   the
                   Inhabitants
                   and
                   Garrison
                   souldiers
                   there
                   .
                
                 
                   5.
                   
                   Item
                   ,
                   That
                   the
                   said
                   Colonell
                   ,
                   without
                   the
                   privity
                   or
                   consent
                   of
                   any
                   generall
                   Councell
                   of
                   War
                   ,
                   did
                   of
                   his
                   own
                   head
                   ,
                   send
                   out
                   for
                   a
                   parley
                   with
                   the
                   enemy
                   ,
                   when
                   divers
                   Officers
                   and
                   souldiers
                   advised
                   and
                   perswaded
                   the
                   contrary
                   ,
                   and
                   would
                   have
                   repulsed
                   the
                   enemies
                   ,
                   and
                   defended
                   the
                   said
                   City
                   and
                   Castle
                   to
                   the
                   utmost
                   ;
                   That
                   the
                   surrendering
                   up
                   of
                   the
                   same
                   was
                   principally
                   occasioned
                   by
                   the
                   earnest
                   perswasion
                   ,
                   advice
                   ,
                   and
                   cowardice
                   of
                   the
                   said
                   Governour
                   ,
                   contray
                   to
                   his
                   trust
                   and
                   duty
                   to
                   keepe
                   the
                   same
                   :
                   And
                   that
                   the
                   said
                   Governour
                   ,
                   when
                   as
                   the
                   Councell
                   of
                   warre
                   unanimously
                   voted
                   upon
                   the
                   parley
                   ,
                   that
                   it
                   was
                   neither
                   safe
                   ,
                   nor
                   honourable
                   for
                   them
                   to
                   depart
                   the
                   Towne
                   ,
                   unlesse
                   they
                   might
                   march
                   thence
                   with
                   halfe
                   their
                   Armes
                   at
                   least
                   ,
                   and
                   with
                   their
                   Colours
                   ;
                   thereupon
                   ,
                   after
                   some
                   private
                   conference
                   with
                   Col.
                   Gerrard
                   ,
                   one
                   of
                   the
                   enemies
                   Commissioners
                   ,
                   
                   in
                   the
                   Garden
                   ;
                   without
                   the
                   privity
                   ,
                   and
                   contrary
                   to
                   the
                   Vote
                   of
                   the
                   said
                   Councell
                   ,
                   did
                   make
                   and
                   insert
                   the
                   last
                   Article
                   ,
                   that
                   they
                   should
                   leave
                   all
                   their
                   Canon
                   and
                   Ammunition
                   ,
                   with
                   their
                   Armes
                   and
                   colours
                   behinde
                   them
                   ,
                   and
                   returning
                   to
                   them
                   out
                   of
                   the
                   Garden
                   ,
                   told
                   them
                   plainly
                   ,
                   that
                   they
                   must
                   now
                   deliver
                   up
                   all
                   to
                   the
                   enemy
                   ,
                   but
                   what
                   was
                   expressed
                   in
                   the
                   Articles
                   he
                   then
                   produced
                   ,
                   and
                   leave
                   their
                   Armes
                   and
                   Colours
                   behind
                   them
                   ,
                   to
                   the
                   said
                   Councells
                   and
                   souldiers
                   great
                   discontent
                   ;
                   And
                   whereas
                   by
                   those
                   very
                   Articles
                   ,
                   the
                   said
                   Town
                   and
                   Castle
                   were
                   not
                   to
                   be
                   delivered
                   up
                   till
                   nine
                   of
                   the
                   clocke
                   the
                   next
                   morning
                   ,
                   nor
                   the
                   enemies
                   to
                   enter
                   them
                   ,
                   till
                   the
                   souldiers
                   ,
                   and
                   other
                   Gentlemen
                   were
                   marched
                   out
                   ,
                   the
                   said
                   Governour
                   was
                   so
                   over-hasty
                   to
                   surrender
                   up
                   the
                   same
                   ,
                   that
                   hee
                   delivered
                   them
                   up
                   to
                   the
                   enemy
                   above
                   one
                   houre
                   or
                   more
                   before
                   the
                   houre
                   agreed
                   on
                   ;
                   and
                   suffered
                   the
                   enemies
                   to
                   enter
                   and
                   possesse
                   them
                   before
                   the
                   souldiers
                   were
                   marched
                   out
                   ;
                   whereby
                   many
                   of
                   the
                   souldiers
                   were
                   pillaged
                   in
                   the
                   castle
                   and
                   towne
                   ,
                   and
                   divers
                   of
                   the
                   Inhabitants
                   best
                   affected
                   to
                   the
                   Parliament
                   ,
                   plundered
                   before
                   the
                   houre
                   of
                   surrender
                   came
                   ,
                   to
                   their
                   great
                   losse
                   and
                   undoing
                   .
                
                 
                   6.
                   
                   Item
                   ,
                   That
                   he
                   the
                   said
                   Colonell
                   ,
                   during
                   the
                   three
                   dayes
                   siege
                   of
                   the
                   said
                   City
                   and
                   castle
                   ,
                   did
                   not
                   give
                   any
                   such
                   incouragement
                   to
                   the
                   souldiers
                   and
                   Officers
                   (
                   who
                   bravely
                   defended
                   the
                   same
                   ,
                   and
                   slew
                   neere
                   one
                   thousand
                   of
                   the
                   enemies
                   best
                   men
                   ,
                   by
                   his
                   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
                   26.
                   of
                   Iuly
                   last
                   (
                   being
                   bravely
                   repulsed
                   by
                   the
                   Souldiers
                   with
                   great
                   losse
                   in
                   all
                   places
                   else
                   ;
                   )
                   he
                   the
                   said
                   Colonell
                   for
                   two
                   houres
                   space
                   or
                   more
                   (
                   during
                   which
                   time
                   no
                   more
                   Enemies
                   entred
                   or
                   approached
                   the
                   said
                   Breach
                   )
                   both
                   neglected
                   and
                   refused
                   to
                   command
                   or
                   incourage
                   the
                   Officers
                   ,
                   and
                   Souldiers
                   ,
                   who
                   offered
                   to
                   beate
                   them
                   out
                   in
                   due
                   time
                   ,
                   as
                   he
                   was
                   advised
                   and
                   pressed
                   to
                   do
                   by
                   Captain
                   Bagnall
                   ,
                   Livetenant
                   Colonell
                   Dauison
                   ,
                   and
                   divers
                   others
                   ,
                   who
                   would
                   have
                   undertaken
                   that
                   service
                   ;
                   and
                   instead
                   of
                   incountering
                   the
                   said
                   Enemies
                   (
                   against
                   whom
                   the
                   very
                   women
                   offered
                   to
                   go
                   on
                   with
                   their
                   children
                   to
                   dead
                   the
                   Canon
                   ,
                   if
                   the
                   Souldiers
                   were
                   afraid
                   ,
                   rather
                   then
                   the
                   City
                   and
                   Castle
                   should
                   be
                   yeelded
                   )
                   called
                   off
                   the
                   Souldiers
                   and
                   Officers
                   from
                   the
                   Line
                   and
                   Out-works
                   (
                   that
                   the
                   Enemies
                   might
                   the
                   better
                   enter
                   them
                   without
                   resistance
                   )
                   upon
                   pain
                   of
                   death
                   ,
                   much
                   against
                   their
                   wills
                   ;
                   who
                   should
                   and
                   would
                   have
                   hindered
                   and
                   repulsed
                   the
                   Enemies
                   ;
                   and
                   discouraged
                   and
                   hindered
                   such
                   as
                   were
                   forwards
                   to
                   have
                   cut
                   them
                   off
                   ,
                   sounding
                   a
                   parley
                   when
                   the
                   Enemies
                   were
                   so
                   beaten
                   ,
                   that
                   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
                   .
                
                 
                   7.
                   
                   Item
                   ,
                   That
                   the
                   said
                   Governour
                   ,
                   notwithstanding
                   his
                   promises
                   to
                   defend
                   the
                   said
                   City
                   and
                   Castle
                   ,
                   and
                   dispute
                   it
                   to
                   the
                   last
                   ,
                   had
                   yet
                   a
                   reall
                   intention
                   to
                   deliver
                   up
                   the
                   same
                   to
                   the
                   Enemies
                   before
                   ever
                   they
                   were
                   besieged
                   by
                   them
                   ,
                   and
                   no
                   thought
                   at
                   all
                   to
                   defend
                   them
                   to
                   the
                   uttermost
                   ,
                   or
                   till
                   they
                   might
                   be
                   relieved
                   by
                   his
                   Excellency
                   ,
                   as
                   appeares
                   by
                   the
                   premised
                   Articles
                   ,
                   by
                   the
                   said
                   Governours
                   refusall
                   
                   to
                   send
                   the
                   Prisoners
                   formerly
                   taken
                   out
                   of
                   the
                   said
                   Castle
                   ,
                   before
                   the
                   Enemy
                   approached
                   ,
                   when
                   moved
                   to
                   it
                   ,
                   by
                   Sir
                   
                     William
                     Waller
                  
                   ;
                   saying
                   to
                   him
                   and
                   others
                   ,
                   that
                   he
                   would
                   detain
                   those
                   prisoners
                   still
                   there
                   ,
                   to
                   make
                   his
                   owne
                   Conditions
                   and
                   Composition
                   the
                   better
                   with
                   the
                   Enemies
                   ,
                   if
                   they
                   came
                   before
                   it
                   ;
                   by
                   his
                   commanding
                   Master
                   Hassard
                   the
                   Master
                   Gunner
                   there
                   ,
                   to
                   lay
                   aside
                   a
                   Reserve
                   of
                   Thirty
                   Barrells
                   of
                   Powder
                   ,
                   with
                   Match
                   and
                   Bullet
                   answerable
                   ,
                   to
                   which
                   when
                   he
                   was
                   reduced
                   he
                   would
                   then
                   Treat
                   with
                   the
                   Enemy
                   ,
                   (
                   which
                   he
                   did
                   long
                   before
                   he
                   was
                   reduced
                   to
                   this
                   large
                   Reserve
                   ;
                   )
                   by
                   other
                   speeches
                   to
                   the
                   like
                   effect
                   ,
                   And
                   by
                   his
                   moving
                   Sir
                   
                     William
                     Waller
                  
                   to
                   depart
                   from
                   Bristoll
                   ,
                   before
                   it
                   was
                   besieged
                   ,
                   who
                   otherwise
                   would
                   have
                   adventured
                   his
                   life
                   in
                   its
                   defence
                   .
                
                 
                   8.
                   
                   Item
                   ,
                   That
                   he
                   the
                   said
                   Governour
                   ,
                   when
                   he
                   surrendred
                   the
                   said
                   Castle
                   to
                   the
                   Enemy
                   ,
                   had
                   at
                   least
                   sixty
                   Barrells
                   of
                   Power
                   therein
                   (
                   besides
                   what
                   was
                   in
                   the
                   City
                   and
                   Forts
                   )
                   being
                   above
                   twenty
                   more
                   then
                   were
                   in
                   Gloucester
                   when
                   it
                   was
                   first
                   besieged
                   ,
                   Five
                   hundred
                   Canon
                   shot
                   ,
                   fifty
                   great
                   Granadoes
                   ,
                   fourteen
                   hundred
                   weight
                   of
                   Match
                   or
                   more
                   ,
                   great
                   store
                   of
                   Musket
                   Bullets
                   ,
                   and
                   Tin
                   to
                   make
                   more
                   ,
                   A
                   Match-make
                   ,
                   a
                   Bullet-maker
                   ,
                   with
                   materialls
                   to
                   make
                   Match
                   and
                   Bullets
                   ,
                   and
                   all
                   manner
                   of
                   provisions
                   and
                   Victuals
                   ,
                   sufficient
                   to
                   maintain
                   one
                   Thousand
                   men
                   for
                   three
                   or
                   four
                   moneths
                   space
                   at
                   least
                   ,
                   Eleven
                   Canons
                   therein
                   Mounted
                   ,
                   (
                   besides
                   44.
                   
                   Canons
                   mounted
                   in
                   the
                   City
                   and
                   Forts
                   ;
                   )
                   All
                   which
                   were
                   surrendred
                   to
                   the
                   Eenmy
                   before
                   any
                   battery
                   or
                   assault
                   made
                   against
                   the
                   said
                   Castle
                   (
                   though
                   he
                   had
                   men
                   more
                   then
                   enough
                   by
                   his
                   own
                   †
                   Relation
                   to
                   defend
                   it
                   )
                   contray
                   to
                   his
                   promise
                   made
                   to
                   divers
                   Inhabitants
                   of
                   the
                   said
                   City
                   ,
                   best
                   affected
                   to
                   the
                   Parliament
                   ,
                   to
                   defend
                   the
                   same
                   to
                   the
                   uttermost
                   ,
                   and
                   to
                   dispute
                   every
                   foot
                   thereof
                   with
                   the
                   Enemy
                   ,
                   and
                   to
                   keep
                   it
                   ,
                   or
                   to
                   lay
                   his
                   bones
                   therein
                   ;
                   who
                   thereupon
                   sent
                   their
                   Estates
                   ,
                   with
                   provisions
                   for
                   them
                   and
                   their
                   families
                   ,
                   for
                   three
                   months
                   space
                   or
                   more
                   ,
                   into
                   the
                   said
                   Castle
                   ,
                   where
                   the
                   said
                   Colonell
                   promised
                   to
                   secure
                   and
                   defend
                   the
                   same
                   ,
                   most
                   of
                   which
                   their
                   Estates
                   ,
                   were
                   there
                   seized
                   on
                   by
                   the
                   Enemy
                   to
                   their
                   undoing
                   ;
                   by
                   reason
                   the
                   said
                   Colonell
                   admitted
                   the
                   Enemies
                   into
                   the
                   said
                   castle
                   ,
                   and
                   delivered
                   up
                   the
                   keyes
                   thereof
                   unto
                   them
                   ,
                   before
                   the
                   houre
                   agreed
                   on
                   in
                   the
                   Articles
                   ,
                   such
                   was
                   his
                   extraordinary
                   haste
                   to
                   quit
                   the
                   same
                   .
                
                 
                   9
                   Item
                   ,
                   That
                   the
                   said
                   Colonell
                   ,
                   to
                   aggravate
                   this
                   his
                   dishonourable
                   action
                   ,
                   hath
                   presumed
                   to
                   justifie
                   the
                   same
                   ,
                   not
                   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
                   .
                
                 
                   10
                   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
                   .
                
                 
                   1.
                   
                   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
                   .
                
                 
                   2.
                   
                   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
                   .
                
                 
                   3.
                   
                   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
                     .
                  
                
                 
                   4.
                   
                   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
                     .
                  
                
                 
                   5.
                   
                   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
                     .
                  
                
                 
                   6.
                   
                   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
                   26.
                   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
                     300
                     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
                  
                   20
                   
                     and
                     30
                     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
                     60
                     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
                   14
                   dayes
                   ,
                   then
                   Glocester
                   might
                   with
                   the
                   like
                   proportion
                   be
                   defended
                   24
                   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
                   10
                   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
                       3.
                       4.
                       10
                       12
                       ,
                       to
                    
                     16.
                     
                     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
                       .
                       4
                       6
                       ,
                       11
                       ,
                       12.
                       where
                       he
                       useth
                       these
                       expressions
                       :
                       Colonell
                    
                     Fiennes
                     (
                     
                       writes
                       his
                       Major
                    
                     Langrish
                     )
                     who
                     communicated
                     unto
                     me
                     an
                     order
                     that
                     he
                     had
                     received
                     from
                     his
                     Excellency
                     ,
                     whereby
                     he
                     was
                     enjoyned
                     to
                     send
                     
                       Colonell
                       Essex
                    
                     to
                     Windsor
                     ,
                     or
                     the
                     Parliament
                     ,
                     in
                     case
                     *
                     he
                     saw
                     cause
                     for
                     it
                     ;
                     and
                     having
                     given
                     me
                     reasons
                     ,
                     to
                     see
                     and
                     know
                     that
                     there
                     was
                     cause
                     so
                     to
                     doe
                     ,
                     he
                     asked
                     me
                     ,
                     whether
                     I
                     would
                     assist
                     him
                     in
                     the
                     executions
                     of
                     it
                     or
                     no
                     ?
                     the
                     which
                     seeing
                     cause
                     for
                     ,
                     I
                     promised
                     to
                     doe
                     .
                     But
                     it
                     will
                     be
                     necessary
                     here
                     to
                     annexe
                     the
                     reasons
                     that
                     caused
                     
                       Colonell
                       Fiennes
                    
                     to
                     put
                     in
                     execution
                     the
                     Order
                     given
                     him
                     by
                     my
                     Lord
                     Generall
                     ,
                     to
                     send
                     up
                     
                       Colonell
                       Essex
                    
                     from
                     Bristoll
                     ,
                     not
                     as
                     an
                     accusation
                     against
                     
                       Colonell
                       Essex
                    
                     in
                     this
                     place
                     ,
                     (
                     let
                     that
                     be
                     followed
                     by
                     those
                     to
                     whom
                     it
                     appertains
                     ,
                     )
                     but
                     by
                     way
                     of
                     vindication
                     of
                     
                       Colonell
                       Fiennes
                    
                     ,
                     that
                     he
                     had
                     done
                     nothing
                     herein
                     ,
                     but
                     what
                     the
                     trust
                     reposed
                     in
                     him
                     ,
                     and
                     the
                     safety
                     of
                     that
                     important
                     place
                     did
                     require
                     him
                     ;
                     and
                     that
                     the
                     rather
                     ,
                     because
                     it
                     begins
                     so
                     far
                     to
                     reflect
                     upon
                     
                       Colonell
                       Fiennes
                    
                     ,
                     as
                     if
                     he
                     had
                     done
                     him
                     injury
                     ,
                     and
                     there
                     had
                     been
                     no
                     plot
                     at
                     all
                     ,
                     but
                     a
                     plot
                     to
                     put
                     himselfe
                     in
                     the
                     Governours
                     place
                     .
                     The
                     Malignants
                     in
                     the
                     Towne
                     taking
                     up
                     this
                     ,
                     and
                     spreading
                     it
                     ,
                     and
                     adding
                     strength
                     to
                     it
                     by
                     
                       Colonell
                       Essex
                    
                     his
                     own
                     speeches
                     and
                     carriages
                     ,
                     it
                     will
                     be
                     a
                     great
                     injustice
                     to
                     him
                     ,
                     who
                     hath
                     done
                     his
                     duty
                     ,
                     and
                     therein
                     no
                     inconsiderable
                     services
                     ,
                     to
                     be
                     requited
                     with
                     calumny
                     ,
                     
                       &c.
                       
                       Besides
                    
                     ,
                     Colonell
                     Fiennes
                     
                       writes
                       thus
                       in
                       a
                       printed
                       Letter
                       to
                       his
                       Father
                       :
                    
                     My
                     Lord
                     ,
                     &c.
                     
                     I
                     sent
                     a
                     Letter
                     long
                     enough
                     ,
                     and
                     full
                     enough
                     of
                     particulars
                     ,
                     concerning
                     
                       Colonell
                       Essex
                    
                     ,
                     and
                     which
                     I
                     thinke
                     were
                     sufficient
                     to
                     satisfie
                     any
                     man
                     ,
                     that
                     it
                     was
                     necessary
                     be
                     should
                     be
                     removed
                     from
                     hence
                     ,
                     before
                     the
                     Towne
                     could
                     be
                     put
                     in
                     any
                     possibility
                     of
                     security
                     ,
                     although
                     he
                     had
                     not
                     been
                     touched
                     in
                     the
                     point
                     of
                     his
                     fidelity
                     ;
                     his
                     being
                     here
                     ,
                     *
                     I
                     found
                     inconsistent
                     with
                     the
                     good
                     and
                     safety
                     of
                     this
                     city
                     ;
                     and
                     though
                     there
                     were
                     no
                     apparent
                     proofe-of
                     his
                     falshood
                     ,
                     which
                     I
                     never
                     affirmed
                     ,
                     yet
                     there
                     were
                     shrewd
                     grounds
                     of
                     jealousie
                     ,
                     as
                     may
                     appeare
                     by
                     the
                     depositions
                     ,
                     whereof
                     I
                     have
                     sent
                     your
                     Lordship
                     a
                     copy
                     together
                     with
                     this
                     Letter
                     .
                     For
                     my
                     part
                     ,
                     so
                     my
                     Lord
                     Generall
                     and
                     the
                     World
                     be
                     satisfied
                     ,
                     that
                     *
                     I
                     had
                     good
                     reason
                     to
                     send
                     him
                     away
                     from
                     hence
                     ,
                     according
                     to
                     his
                     direction
                     ,
                     I
                     would
                     not
                     have
                     things
                     prosecuted
                     too
                     hard
                     against
                     him
                     ,
                     although
                     I
                     am
                     very
                     much
                     deceived
                     if
                     many
                     a
                     Governour
                     of
                     a
                     Towne
                     hath
                     not
                     been
                     called
                     to
                     an
                     account
                     ,
                     in
                     point
                     of
                     his
                     Fidelity
                     ,
                     upon
                     weaker
                     grounds
                     then
                     those
                     that
                     I
                     have
                     sent
                     .
                  
                   
                     Secondly
                     ,
                     by
                     his
                     owne
                     expresse
                     consession
                     ,
                     in
                     the
                     letter
                     end
                     of
                     his
                     
                       Answer
                       to
                       the
                       second
                       Article
                    
                     ,
                     though
                     he
                     denies
                     it
                     in
                     the
                     beginning
                     ,
                     that
                     he
                     did
                     it
                     not
                     upon
                     any
                     
                       pretended
                       cause
                    
                     .
                  
                   
                     
                     To
                     the
                     third
                     ,
                     
                       That
                       himselfe
                       was
                       never
                       Governour
                       of
                       Bristoll
                       ,
                    
                     Mr
                     Prynne
                     answered
                     ,
                     That
                     it
                     seemed
                     he
                     had
                     carried
                     himselfe
                     so
                     dishonourably
                     in
                     that
                     Government
                     ,
                     that
                     he
                     was
                     now
                     ashamed
                     or
                     afraid
                     to
                     confesse
                     himselfe
                     Governour
                     ,
                     for
                     searche
                     should
                     suffer
                     for
                     it
                     ,
                     else
                     he
                     could
                     not
                     have
                     the
                     impudence
                     to
                     deny
                     it
                     .
                     But
                     since
                     he
                     thus
                     denied
                     himselfe
                     Governour
                     ,
                     he
                     would
                     quickly
                     prove
                     him
                     so
                     .
                  
                   
                   
                     First
                     ,
                     by
                     his
                     owne
                     Warrants
                     during
                     his
                     Government
                     ,
                     wherein
                     he
                     stiled
                     himselfe
                     
                     
                       Governour
                       of
                       Bristoll
                    
                     .
                     Secondly
                     ,
                     by
                     his
                     acceptance
                     of
                     that
                     title
                     from
                     his
                     
                       Officers
                       ,
                       Souldiers
                    
                     ,
                     the
                     Committee
                     ,
                     and
                     all
                     others
                     .
                     Thirdly
                     ,
                     by
                     the
                     Parliaments
                     ,
                     his
                     Excellencies
                     ,
                     and
                     owne
                     Fathers
                     entituling
                     of
                     him
                     ,
                     
                       Governour
                       of
                       Bristoll
                    
                     ,
                     in
                     their
                     Letters
                     and
                     directions
                     to
                     him
                     .
                     Fourthly
                     ,
                     by
                     his
                     exercising
                     all
                     the
                     authority
                     ,
                     and
                     receiving
                     the
                     pay
                     of
                     a
                     Governour
                     .
                     Fiftly
                     ,
                     by
                     the
                     full
                     Declaration
                     concerning
                     his
                     March
                     to
                     Bristoll
                     ,
                     set
                     forth
                     by
                     his
                     
                       Major
                       Langrish
                    
                     ,
                     who
                     in
                     his
                     Letter
                     from
                     
                       Bristoll
                       ,
                       March
                       6.
                       1643.
                       pag.
                    
                     3
                     ,
                     4
                     ,
                     6.
                     stiles
                     
                       Colonell
                       Fiennes
                       ,
                       Our
                       Governour
                    
                     ,
                     and
                     ,
                     
                       Now
                       Governour
                       of
                       Bristoll
                    
                     ,
                     three
                     severall
                     times
                     ,
                     long
                     before
                     he
                     had
                     a
                     commission
                     to
                     be
                     Governour
                     there
                     .
                     Sixthly
                     ,
                     
                       by
                       his
                       owne
                       draught
                       of
                       an
                       Ordinance
                       presented
                       to
                       the
                       House
                       of
                       Commons
                       by
                       the
                       Lord
                    
                     Say
                     ,
                     for
                     the
                     settling
                     of
                     a
                     sufficient
                     
                       Garrison
                       at
                       Bristoll
                    
                     ,
                     printed
                     by
                     himselfe
                     in
                     his
                     
                       Relation
                       made
                       to
                       the
                       House
                       of
                       Commons
                       concerning
                       the
                       surrender
                       of
                       the
                       City
                       of
                       Bristoll
                       ,
                       pag.
                       17
                       to
                    
                     22.
                     in
                     which
                     we
                     finde
                     this
                     Gentleman
                     no
                     lesse
                     then
                     eight
                     severall
                     times
                     expresly
                     stiled
                     ,
                     
                       Colonell
                       Fiennes
                       Governour
                       of
                       Bristoll
                    
                     :
                     And
                     are
                     you
                     not
                     ashamed
                     so
                     confidently
                     to
                     deny
                     that
                     here
                     in
                     the
                     presence
                     of
                     this
                     honourable
                     Councell
                     ,
                     which
                     your selfe
                     have
                     so
                     lately
                     published
                     to
                     all
                     the
                     world
                     ?
                     
                       Oportet
                       mendancem
                       esse
                       memorem
                    
                     .
                     Seventhly
                     ,
                     in
                     the
                     very
                     Articles
                     of
                     the
                     surrender
                     of
                     the
                     city
                     and
                     castle
                     of
                     Bristol
                     to
                     the
                     enemy
                     he
                     intitled
                     himself
                     Governour
                     ,
                     witnesse
                     the
                     title
                     of
                     them
                     :
                     
                       Articles
                       agreed
                       on
                       at
                       the
                       City
                       of
                    
                     Bristoll
                     ,
                     
                       between
                       Colonell
                    
                     Nathaniell
                     Fiennes
                     
                       GOVERNOUR
                       of
                       the
                       said
                       city
                       on
                       the
                       one
                       party
                       ,
                       and
                       Colonell
                    
                     Charles
                     Gerard
                     
                       and
                       Captain
                    
                     William
                     Teringham
                     ,
                     
                       for
                       ,
                       and
                       on
                       the
                       behalfe
                       of
                       Prince
                    
                     Rupert
                     ,
                     
                       on
                       the
                       other
                       party
                       ,
                       Iuly
                    
                     26.
                     1643.
                     
                     And
                     Article
                     1.
                     
                     
                       That
                       the
                       Governour
                       Colonell
                    
                     Nathaniel
                     Fiennes
                     ,
                     &c.
                     Certainly
                     if
                     he
                     were
                     not
                     Governour
                     before
                     to
                     keep
                     ,
                     yet
                     these
                     very
                     Articles
                     prove
                     he
                     was
                     then
                     Governour
                     to
                     surrender
                     it
                     .
                     And
                     now
                     (
                     Sir
                     )
                     take
                     your
                     choice
                     ;
                     If
                     you
                     were
                     not
                     Governour
                     ,
                     then
                     you
                     had
                     no
                     power
                     to
                     treat
                     or
                     surrender
                     the
                     City
                     or
                     castle
                     ,
                     and
                     so
                     must
                     be
                     condemned
                     (
                     by
                     your
                     owne
                     confession
                     )
                     as
                     a
                     betrayer
                     of
                     them
                     :
                     If
                     you
                     were
                     Governour
                     of
                     them
                     then
                     ,
                     you
                     shew
                     your selfe
                     most
                     unworthy
                     your
                     birth
                     and
                     breeding
                     in
                     denying
                     it
                     now
                     ;
                     especially
                     since
                     you
                     have
                     given
                     an
                     account
                     in
                     a
                     printed
                     Relation
                     ,
                     of
                     your
                     proceedings
                     and
                     surrender
                     of
                     Bristoll
                     ,
                     which
                     is
                     in
                     Law
                     a
                     confession
                     of
                     this
                     trust
                     .
                     To
                     conclude
                     ,
                     his
                     Excellencies
                     owne
                     Proclamation
                     ,
                     posted
                     up
                     at
                     Westminster
                     by
                     the
                     Defendants
                     procurement
                     ,
                     and
                     summoning
                     us
                     to
                     give
                     information
                     against
                     him
                     ,
                     doth
                     no
                     lesse
                     then
                     three
                     severall
                     times
                     together
                     stile
                     him
                     ,
                     Colonell
                     
                       Nathaniel
                       Fiennes
                       late
                       Governour
                       of
                       Bristoll
                       :
                    
                     and
                     therefore
                     eternally
                     concludes
                     him
                     to
                     deny
                     it
                     .
                  
                   
                     The
                     Colonell
                     confounded
                     with
                     these
                     unanswerable
                     ARguments
                     ,
                     (
                     which
                     Mr
                     Prynne
                     informed
                     the
                     Councell
                     he
                     pressed
                     the
                     more
                     earnestly
                     ,
                     because
                     his
                     
                       Governourship
                       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
                     5ly
                     
                       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
                     ,
                     1643.
                     
                  
                   
                     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
                     4
                     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
                     2.
                     
                  
                   
                     The
                     second
                     Article
                     was
                     proved
                     by
                     his
                     own
                     printed
                     proceedings
                     mentioned
                     in
                     
                       a
                       full
                       Declaration
                    
                     ,
                     &c.
                     p.
                     5.
                     6.
                     7
                     8.
                     15.
                     
                     By
                     his
                     Answer
                     to
                     the
                     Article
                     ,
                     and
                     Relation
                     to
                     the
                     House
                     of
                     Commons
                     ,
                     p.
                     15.
                     
                     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
                     3.
                     
                  
                   
                     The
                     third
                     Article
                     being
                     likewise
                     introductive
                     ,
                     to
                     aggravate
                     his
                     offence
                     in
                     the
                     4
                     ,
                     5
                     ,
                     6
                     &
                     8
                     ,
                     Articles
                     ,
                     was
                     briefly
                     proved
                     by
                     his
                     own
                     printed
                     
                       Relation
                       ,
                       p.
                    
                     4
                     ,
                     5
                     ,
                     6
                     ,
                     23.
                     
                     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
             3
             ,
             4
             ,
             5
             ,
             6
             ,
             7.
             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.
             13.
             
               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
             150
             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
             2000
             foot
             and
             300
             horse
             ,
             beside
             Voluntiers
             ,
             to
             defend
             the
             Town
             ;
             and
             he
             might
             have
             raised
             at
             least
             6
             or
             8000
             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
             60
             (
             nay
             70
             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
             50
             barrels
             in
             the
             Castle
             onely
             ,
             when
             surrendred
             ,
             Mr
             Hassard
             deposeth
             50
             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
             9
             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
             700
             of
             them
             being
             slaine
             ,
             and
             as
             many
             wounded
             ,
             with
             the
             losse
             only
             of
             six
             or
             eight
             of
             our
             men
             :
             and
             that
             but
             150
             of
             them
             ,
             or
             200
             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
             20
             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
             10
             or
             11
             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
             30
             or
             40
             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
             200
             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
             .
          
           
             13.
             
             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
             30
             barrels
             of
             Powder
             ,
             with
             Match
             and
             Bullets
             proportionable
             ,
             to
             which
             when
             he
             was
             reduced
             he
             would
             treat
             :
             *
             That
             there
             were
             about
             140
             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
             .
          
           
             
             14.
             
             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.
               2.
               3.
               
               Herodwas
               troubled
               and
               all
               Hierusalem
               with
               him
               :
               Matth.
               21.
               10.
               
               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
             900
             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
             4000
             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
             28
             of
             Iuly
             ,
             two
             dayes
             after
             the
             surrender
             of
             Bristoll
             ,
             which
             was
             on
             the
             26
             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
             900
             ,
             besides
             Citizens
             :
             But
             our
             *
             Witnesses
             prove
             expresly
             ,
             that
             at
             the
             time
             of
             the
             siege
             he
             had
             at
             least
             2000
             Foot
             and
             300
             Horse
             ,
             besides
             Voluntiers
             ,
             which
             were
             neare
             200
             more
             :
             and
             Major
             Allen
             attested
             ,
             that
             he
             brought
             neare
             200
             men
             well
             armed
             from
             Malmsbury
             ,
             but
             a
             day
             or
             two
             before
             the
             siege
             ;
             so
             as
             his
             900
             were
             encreased
             to
             2500
             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
               500
               Horse-men
               ,
               lest
               they
               should
               have
               helped
               to
               have
               spent
               the
               provision
               of
               Bristoll
               ,
            
             as
             he
             confesseth
             in
             his
             Relation
             page
             12
             ?
             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
             800
             Horse
             ,
             besides
             2000
             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
             2000
             Foot
             ,
             and
             300
             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
             700
             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
             700
             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
               1500
               ,
               Club-men
               and
               all
               ,
               their
               Powder
               not
               above
               32
               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
             55
             Canon
             ,
             besides
             Sir
             
               Francis
               Pophams
            
             Peeces
             ;
             the
             Enemies
             before
             Glocester
             almost
             *
             10000
             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
               20
               barrells
               of
               powder
               left
               in
               the
               Castle
            
             (
             when
             as
             there
             were
             70
             French
             Barrels
             ,
             besides
             what
             was
             in
             the
             Forts
             and
             City
             )
             
               and
               not
               above
               3
               or
               400
               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
             50
             Barrels
             of
             powder
             ,
             at
             and
             least
             1400
             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
             140
             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
            
             26
             1643
             )
             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
             26
             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
             50
             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
             50
             :
             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
             60
             ;
             and
             to
             Major
             Wood
             ,
             that
             there
             were
             70
             barrels
             left
             when
             it
             was
             surrendred
             :
             and
             Captaine
             Bushell
             (
             then
             a
             prisoner
             )
             affirmed
             he
             found
             no
             lesse
             then
             70
             barrels
             there
             :
             if
             then
             there
             were
             more
             then
             50
             ,
             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
             50
             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
             200
             pound
             (
             of
             the
             500
             )
             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
             .
          
           
             2.
             
             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
             .
          
           
             3.
             
             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
             .
          
           
             4.
             
             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
             ?
          
           
             5.
             
             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
             .
          
           
             3ly
             .
             
             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
             700
             mens
             lives
             ,
             and
             as
             many
             more
             wounded
             ,
             whereas
             the
             Garrison
             then
             lost
             not
             above
             3
             ,
             or
             4
             ,
             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
             700
             ,
             and
             wounding
             700
             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
             6
             ,
             or
             8
             men
             at
             most
             in
             the
             siege
             .
             Ergo
             ,
             if
             he
             might
             with
             as
             little
             danger
             and
             losse
             have
             held
             out
             the
             Castle
             ,
             his
             crime
             and
             cowardize
             was
             the
             greater
             in
             surrendring
             it
             so
             dishonourably
             without
             stroke
             ,
             or
             once
             retiring
             to
             it
             .
          
           
             His
             fifth
             ,
             
             Was
             from
             his
             cariage
             when
             the
             Enemies
             entred
             ,
             to
             prevent
             whose
             taking
             the
             City
             ,
             he
             had
             only
             two
             meanes
             left
             .
             The
             first
             was
             ,
             to
             fire
             the
             Suburbs
             ,
             for
             which
             hee
             issued
             out
             a
             Warrant
             (
             as
             his
             universall
             witnesse
             for
             every
             occasion
             Lievtenant
             Clifton
             affirmed
             ,
             a
             meere
             party
             and
             Delinquent
             ,
             who
             advised
             the
             Parley
             ,
             surrender
             ,
             and
             called
             all
             off
             the
             Line
             upon
             paine
             of
             death
             :
             )
             which
             warrant
             was
             not
             executed
             ,
             
             but
             revoked
             for
             want
             (
             as
             he
             alledged
             )
             of
             men
             to
             fire
             them
             :
             The
             second
             ,
             was
             to
             fire
             the
             City
             behinde
             them
             ,
             and
             so
             to
             retreat
             into
             the
             Castle
             ;
             which
             he
             could
             not
             possibly
             doe
             without
             the
             death
             of
             many
             innocents
             ,
             men
             ,
             women
             ,
             children
             ;
             and
             ruining
             of
             many
             mens
             Estates
             :
             A
             fact
             so
             horrid
             ,
             that
             his
             tender
             conscience
             would
             no
             wayes
             permit
             its
             execution
             ,
             hee
             being
             loath
             to
             begin
             so
             ill
             a
             president
             ,
             which
             would
             have
             infinitely
             redounded
             to
             the
             Parliaments
             dishonour
             :
             Besides
             ,
             the
             Castle
             being
             not
             large
             enough
             to
             containe
             halfe
             his
             horse
             and
             foot
             ,
             and
             the
             streets
             very
             narrow
             ,
             he
             could
             not
             have
             retyred
             into
             it
             ,
             without
             great
             difficulty
             and
             danger
             of
             being
             cut
             off
             by
             the
             Enemy
             ,
             and
             those
             horse
             and
             foot
             which
             could
             not
             be
             received
             would
             have
             been
             utterly
             lost
             ,
             and
             exposed
             to
             the
             Enemies
             cruelty
             .
             Upon
             which
             considerations
             only
             ,
             not
             out
             of
             any
             cowardize
             ,
             he
             did
             by
             Cliftons
             advise
             call
             a
             Councell
             of
             Warre
             ,
             and
             propound
             a
             Parly
             ,
             whereupon
             the
             surrender
             ensued
             .
             Therefore
             it
             was
             not
             cowardly
             .
          
           
             To
             which
             Mr
             Prynne
             replyed
             :
             First
             ,
             That
             it
             is
             apparent
             by
             this
             Argument
             ,
             that
             if
             the
             Suburbs
             had
             been
             fired
             ,
             the
             City
             ,
             Castle
             might
             have
             been
             saved
             ,
             and
             the
             Enemies
             beaten
             out
             when
             lodged
             in
             the
             Surburbs
             :
             Therefore
             he
             ought
             in
             this
             case
             both
             by
             the
             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
             2300
             Garrison
             Souldiers
             ;
             and
             Mr
             Hassard
             the
             Gunner
             (
             as
             he
             acknowledged
             to
             divers
             ,
             )
             and
             
               Major
               Wood
            
             ,
             with
             others
             offered
             to
             beat
             ,
             or
             fire
             them
             out
             of
             the
             Suburbs
             but
             could
             not
             be
             permitted
             ,
             though
             it
             might
             have
             been
             done
             with
             ease
             ,
             the
             houses
             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
             8
             or
             9
             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
             4
             or
             5
             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
             15
             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
             50
             or
             an
             100
             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
             20
             1643.
             before
             it
             was
             fortified
             or
             fully
             garrisoned
             )
             published
             in
             his
             printed
             Relation
             pag.
             13.
             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
             .
             1.
             
             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
             .
             2.
             
             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
             .
             3.
             
             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
             .
             4.
             
             His
             Neighbourhood
             to
             Wales
             will
             from
             time
             to
             time
             supply
             him
             with
             a
             body
             of
             foot
             .
             5.
             
             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
             ,
             
             1.
             
             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
             .
             2.
             
             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
             .
             3.
             
             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
             .
             4.
             
             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
             .
             2.
             
             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
             .
             3.
             
             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
               20
               barrels
               of
               Powder
               ,
               and
            
             400
             
               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
             .
             4.
             
             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
             ;
             
             1.
             
             That
             at
             that
             time
             Froom-gate
             was
             f
             barracadoed
             up
             with
             a
             Bulwark
             of
             earth
             and
             wooll-sacks
             15
             or
             16
             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
             .
             2.
             
             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
             ,
             1.
             
             *
             That
             the
             motion
             of
             the
             Parley
             proceeded
             meerly
             from
             himselfe
             .
             2.
             
             That
             the
             Parley
             was
             concluded
             on
             before
             ever
             the
             Maior
             repaired
             to
             the
             Councell
             .
             3.
             
             He
             said
             ,
             
               the
               Maior
               was
               extraordinary
               fearfull
               ,
               and
               pressed
               earnestly
               for
               an
               agreement
               with
               the
               Enemy
               .
            
             4.
             
             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
             ;
             
             1.
             
             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
             .
             2.
             
             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
             500
             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.
             10.
             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.
             35.
             published
             (
             as
             he
             said
             )
             the
             first
             of
             August
             1643.
             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
             .
             1.
             1643
             ,
             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
             31
             of
             Iuly
             till
             Aug.
             7.
             p.
             17
             )
             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
             5.
             1643.
             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.
             13.
             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.
             14.
             complaining
             of
             the
             
               weaknesse
               of
               the
               Garrison
               of
               Bristoll
               ,
               and
               desiring
               an
               augmentation
               of
               it
               .
            
             Secondly
             ,
             on
             his
             Excellencies
             opinion
             ,
             
               Ibid.
               pag.
               16.
               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.
            
             17.
             )
             wherein
             
               he
               propounded
               ,
               that
               the
               Garrison
               might
               consist
               of
               three
               Regiments
               of
               foot
               ,
               the
               first
               consisting
               of
               1200.
               the
               second
               of
               1000.
               the
               third
               of
               800.
               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
             1500.
             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.
            
             10.
             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.
               5.
               
               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
             1.
             1643.
             
             —
             (
             
               attested
               by
               Mr.
            
             Iohn
             Ash
             ,
             
               and
               printed
               in
               his
            
             Relation
             ,
             pag.
             27.
             )
             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
             .
             1.
             
             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.
             9.
             10.
             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
             ,
             1.
             
             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
             1700
             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
            
             )
             52.
             
               but
               for
               certaine
               above
               42.
               of
               the
               enemies
               Colours
               ,
               which
               had
               not
               above
            
             1400.
             
             
               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.
             1.
             (
             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
             1500.
             men
             were
             sufficient
             to
             guard
             it
             against
             9000.
             more
             then
             were
             before
             Bristoll
             ,
             then
             Bristoll
             Garrison
             of
             above
             2000.
             foot
             ,
             and
             300.
             horse
             ,
             must
             needs
             be
             abundantly
             sufficient
             to
             defend
             it
             against
             9000.
             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
             20.
             1643.
             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
             1400.
             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
             90
             Barrels
             left
             ;
             
               For
               he
               therin
               confesseth
            
             (
             a
             )
             
               that
               he
               found
               45
               Barrels
               of
               Powder
               in
               the
               Town
               ,
               when
               he
               first
               entred
               upon
               the
               Charge
               thereof
               :
               after
               which
               he
               received
               30
               Barrels
               more
               from
               London
               ,
            
             126
             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
             210
             Barrels
             ;
             but
             to
             336
             Barrels
             ,
             if
             those
             from
             France
             were
             double
             ,
             as
             they
             were
             :
             Of
             these
             he
             saith
             ,
             Sir
             
               William
               Waller
            
             had
             about
             60
             Barrels
             ,
             and
             that
             he
             spent
             about
             60
             more
             in
             the
             siege
             :
             deduct
             then
             120
             Barrels
             out
             of
             336
             ,
             there
             remained
             no
             lesse
             then
             216
             ;
             or
             120
             out
             of
             210
             ,
             there
             were
             left
             90
             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
             60
             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
             9.
             10.
             
             
               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
               50
               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
             90
             ,
             or
             admit
             but
             50
             Barrels
             left
             ;
             he
             would
             have
             then
             yeelded
             it
             had
             he
             500
             remaining
             :
             For
             thus
             hee
             would
             have
             argued
             ,
             500
             Barrels
             after
             the
             rate
             of
             50
             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
             1000
             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
             40
             Barrels
             in
             one
             day
             :
             Ergo
             ,
             I
             should
             have
             spent
             so
             many
             every
             day
             at
             Bristoll
             ,
             and
             by
             this
             computation
             a
             1000
             Barrels
             would
             have
             lasted
             me
             but
             30
             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
             30
             Barrels
             of
             powder
             in
             all
             to
             defend
             the
             Town
             with
             ,
             and
             these
             will
             not
             last
             above
             one
             day
             ;
             for
             Col.
             Fiennes
             spent
             30
             Barrels
             a
             day
             as
             Bristoll
             ,
             and
             Col.
             Warnslow
             40
             in
             one
             day
             at
             Plymmouth
             :
             Therefore
             our
             30
             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
             31
             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
               24
               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
             50
             Barrels
             of
             powder
             for
             31
             dayes
             :
             It
             was
             more
             possible
             for
             the
             Defendant
             to
             have
             defended
             the
             
             Castle
             of
             Bristoll
             of
             lesse
             circumference
             by
             three
             parts
             then
             it
             ,
             with
             90
             single
             or
             70
             double
             Barrels
             (
             which
             he
             surrendred
             )
             for
             three
             times
             30
             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
             50
             Barrels
             of
             powder
             in
             two
             dayes
             :
             Ergo
             ,
             50.
             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
             1500
             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
             2000
             armed
             foot
             ,
             and
             300
             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
             1500
             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
             800
             men
             in
             the
             very
             bargain
             ,
             with
             the
             City
             ,
             Castle
             ,
             Armes
             and
             premises
             to
             boot
             .
          
           
           
             Thirdly
             ,
             neither
             did
             he
             save
             those
             1500.
             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
             2300.
             men
             compleatly
             armed
             to
             serve
             them
             ,
             to
             preserve
             scarce
             200.
             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
             1500
             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
             1500
             ,
             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
             1500
             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
             1500
             ,
             but
             2200
             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
             1500
             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
             15000
             ,
             nay
             ,
             30000
             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
             30000
             mens
             lives
             ,
             but
             to
             save
             the
             lives
             of
             1500
             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
             1700
             ,
             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.
            
             9.
             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
             200
             men
             (
             being
             50
             more
             then
             first
             entred
             the
             Line
             at
             Bristol
             )
             yet
             the
             Garrison
             there
             was
             so
             farre
             from
             yeelding
             the
             place
             by
             a
             Parley
             ,
             that
             they
             encountred
             the
             Enemies
             ,
             took
             200
             of
             them
             Prisoners
             ,
             beat
             the
             rest
             out
             ,
             made
             good
             the
             breach
             till
             all
             their
             Powder
             within
             halfe
             a
             Barrell
             was
             spent
             ;
             and
             then
             came
             off
             upon
             more
             honourable
             termes
             by
             farre
             then
             the
             Defendant
             at
             Bristol
             (
             which
             was
             not
             so
             much
             as
             assaulted
             ,
             much
             lesse
             entred
             )
             even
             with
             their
             Colours
             displayed
             ,
             their
             Bagge
             ,
             Baggage
             ,
             Armes
             ,
             and
             restitution
             of
             their
             Prisoners
             taken
             by
             the
             Enemy
             ;
             which
             conditions
             were
             most
             punctually
             performed
             ,
             because
             they
             shewed
             themselves
             men
             of
             valour
             ,
             and
             had
             their
             armes
             about
             them
             to
             defend
             themselves
             from
             violence
             ;
             when
             as
             the
             Defendant
             yeelded
             up
             both
             Armes
             and
             Colours
             .
             To
             these
             I
             might
             adde
             the
             Examples
             of
             Limerick
             and
             Galloway
             Castles
             in
             Ireland
             ,
             who
             held
             out
             many
             Months
             against
             the
             Irish
             Rebels
             after
             the
             Towns
             were
             yeelded
             ;
             Of
             Staffords
             Castle
             defended
             long
             against
             the
             Parliament
             after
             the
             Town
             taken
             ;
             and
             the
             fresh
             Example
             of
             Lincoln
             ,
             where
             the
             Close
             was
             kept
             against
             the
             Earle
             of
             Manchester
             ,
             after
             the
             Town
             surrenderd
             :
             But
             examples
             of
             this
             kinde
             are
             so
             frequent
             in
             all
             Stories
             ,
             and
             so
             experimentally
             known
             to
             every
             one
             who
             hath
             been
             bred
             a
             Souldier
             ,
             that
             I
             shall
             forbeare
             to
             trouble
             this
             honourable
             Councell
             (
             so
             well
             versed
             in
             Histories
             and
             Warre
             )
             with
             any
             more
             presidents
             of
             this
             kinde
             .
          
           
             Sixthly
             ,
             
             To
             his
             objected
             presidents
             ;
             Mr
             Prynne
             answered
             :
             First
             ,
             that
             they
             were
             only
             alledged
             ,
             not
             proved
             by
             witnesses
             ,
             or
             Records
             ;
             
               Gallo
               .
               Belgicus
            
             being
             neither
             a
             legall
             testimony
             ,
             nor
             record
             to
             be
             given
             in
             evidence
             at
             a
             tryall
             .
             Secondly
             ,
             
             That
             many
             of
             his
             presidents
             were
             forraign
             ,
             and
             it
             did
             not
             legally
             appeare
             what
             were
             the
             grounds
             of
             those
             Townes
             or
             Castles
             speedy
             surrenders
             ;
             which
             in
             all
             probability
             was
             want
             of
             food
             ,
             there
             being
             such
             a
             scarcity
             of
             it
             in
             Germany
             by
             reason
             of
             the
             long
             continued
             warres
             ,
             that
             few
             Towns
             or
             Castles
             were
             victualed
             for
             one
             fortnights
             siege
             :
             and
             perchance
             they
             wanted
             Ammunition
             as
             well
             as
             food
             .
             Thirdly
             ,
             It
             appeares
             not
             whether
             those
             Governours
             were
             not
             questioned
             and
             capitally
             punished
             for
             delivering
             up
             these
             Townes
             and
             Castles
             ;
             since
             we
             finde
             that
             in
             these
             late
             Germane
             wars
             ,
             some
             have
             been
             condemned
             and
             executed
             for
             yeelding
             up
             Townes
             too
             suddenly
             .
             Fourthly
             ,
             many
             of
             our
             Towns
             he
             named
             had
             no
             Castles
             in
             them
             ,
             at
             least
             none
             fortified
             to
             keep
             out
             an
             Enemy
             .
             Fifthly
             ,
             Although
             the
             surrendring
             and
             quitting
             of
             these
             Townes
             to
             the
             Enemy
             ,
             was
             connived
             at
             ,
             and
             never
             brought
             legally
             into
             question
             as
             the
             surrender
             of
             Bristol
             now
             is
             ,
             yet
             they
             deserved
             to
             be
             both
             questioned
             and
             punished
             ,
             (
             as
             the
             quitting
             and
             yeelding
             of
             
               Taunton
               ,
               Dorchester
               ,
               Lincolne
               ,
               Banbury
               ,
               Oxford
               ,
            
             and
             other
             places
             :
             )
             And
             if
             so
             ,
             these
             examples
             can
             be
             no
             justification
             nor
             extenuation
             of
             the
             Defendants
             crime
             .
             It
             is
             no
             plea
             for
             a
             Thief
             when
             taken
             ,
             arraigned
             ,
             to
             say
             .
             Such
             and
             such
             Theives
             have
             robbed
             others
             ,
             and
             yet
             were
             never
             indited
             nor
             punished
             for
             their
             robberies
             ;
             Ergo
             ,
             my
             robbery
             is
             lawfull
             ,
             and
             I
             must
             not
             be
             condemned
             for
             it
             :
             Had
             they
             been
             apprehended
             and
             indicted
             ,
             it
             had
             been
             no
             plea
             for
             them
             ,
             that
             some
             other
             thieves
             escaped
             without
             questioning
             ;
             therefore
             no
             justification
             ,
             nor
             excuse
             for
             him
             who
             is
             arraigned
             ;
             Yet
             this
             is
             the
             sum
             of
             the
             Defendants
             argument
             :
             Other
             Governors
             in
             Germany
             and
             England
             ,
             who
             have
             cowardly
             and
             treacherously
             surrendred
             &
             quitted
             Garrison
             Towns
             ,
             have
             not
             been
             questioned
             for
             it
             :
             Ergo
             ,
             I
             must
             not
             be
             condemned
             nor
             blamed
             for
             my
             cowardly
             ,
             traitorly
             surrendring
             of
             Bristol
             ,
             now
             I
             actually
             impeached
             and
             convicted
             for
             it
             .
             If
             this
             be
             a
             good
             plea
             ,
             to
             what
             end
             are
             Martiall
             Lawes
             ?
             Every
             Coward
             ,
             Traytor
             shall
             then
             scape
             scotfee
             ,
             though
             he
             undoe
             ,
             betray
             an
             whole
             Kingdome
             .
          
           
             Seventhly
             ,
             
             Some
             of
             the
             Townes
             he
             instanced
             in
             were
             cowardly
             quitted
             or
             yeelded
             up
             upon
             his
             surrender
             of
             Bristol
             ,
             (
             as
             
               Barnstable
               ,
               Dorchester
               &c.
            
             )
             whose
             losse
             must
             be
             put
             on
             the
             Defendants
             scorce
             .
             As
             for
             the
             losse
             of
             Exceter
             ,
             which
             he
             instanced
             ;
             it
             was
             answered
             :
             First
             ,
             that
             Exceter
             was
             besieged
             ,
             and
             held
             out
             more
             Monthes
             then
             Bristol
             did
             dayes
             ;
             being
             beleaguered
             aboue
             three
             Months
             space
             ere
             it
             yeelded
             :
             and
             had
             he
             held
             out
             Bristol
             so
             long
             ,
             as
             he
             easily
             might
             ,
             it
             would
             have
             beene
             relieved
             in
             halfe
             the
             time
             ,
             and
             kept
             safe
             till
             now
             :
             Secondly
             ,
             that
             the
             yeelding
             up
             Bristol
             ,
             was
             the
             losse
             of
             Exceter
             ,
             which
             was
             much
             discouraged
             by
             its
             ill
             president
             ,
             and
             left
             destitute
             of
             all
             hopes
             or
             probabilities
             of
             relief
             by
             its
             surrender
             ;
             being
             too
             remote
             for
             his
             Excellency
             to
             relieve
             it
             ,
             without
             endangering
             the
             losse
             of
             
               Kent
               ,
               London
            
             ,
             and
             Essex
             ,
             during
             his
             absence
             hence
             ;
             and
             there
             being
             no
             other
             Forces
             neare
             that
             could
             in
             any
             possibility
             or
             probability
             relieve
             it
             :
             yet
             though
             it
             were
             thus
             hopelesse
             of
             all
             succours
             ,
             and
             much
             discouraged
             with
             the
             ill
             examples
             of
             
               Bristol
               ,
               Barnstable
               ,
               Dorchester
               ,
               Bridgwater
               ,
               Taunton
               ,
            
             and
             other
             Western
             Townes
             ,
             it
             held
             out
             till
             the
             principall
             Fort
             was
             taken
             ,
             and
             all
             their
             powder
             spent
             ;
             yea
             the
             Garrison
             ,
             Citizens
             ,
             were
             all
             resolved
             to
             have
             kept
             it
             with
             their
             Pikes
             and
             swords
             when
             their
             Ammunition
             was
             exhausted
             ,
             had
             they
             had
             but
             any
             probable
             hopes
             of
             succours
             from
             any
             part
             ;
             of
             which
             being
             utterly
             hopelesse
             ;
             they
             did
             for
             want
             of
             powder
             ,
             after
             above
             three
             Monthes
             siege
             ,
             surrender
             
             the
             Town
             and
             Castle
             upon
             somewhat
             more
             honourable
             Termes
             then
             the
             Defendant
             did
             Bristol
             .
             Wherefore
             this
             president
             was
             so
             farre
             from
             justifying
             his
             ignoble
             act
             ,
             that
             it
             was
             a
             pregnant
             testimony
             and
             conviction
             of
             his
             guilt
             in
             not
             holding
             out
             Bristol
             three
             dayes
             ,
             when
             Exceter
             held
             above
             out
             three
             Monthes
             siege
             ,
             and
             spent
             all
             their
             Ammunition
             before
             they
             fell
             to
             Parley
             .
          
           
             His
             third
             Paradox
             was
             ,
             
             That
             some
             Generalls
             had
             sentenced
             Commanders
             to
             death
             for
             being
             too
             obstinate
             in
             defence
             of
             Forts
             ,
             and
             standing
             it
             out
             overlong
             ;
             and
             that
             a
             French
             Author
             (
             there
             produced
             )
             affirmed
             ;
             it
             was
             a
             capitall
             offence
             to
             stout
             out
             a
             place
             overlong
             .
          
           
             To
             which
             Mr
             Prynne
             answered
             .
             
             1.
             
             That
             this
             new
             Doctrine
             was
             certainely
             calculated
             only
             for
             that
             Meridian
             where
             this
             great
             Souldier
             was
             borne
             ,
             and
             fit
             for
             none
             but
             it
             .
             
             Secondly
             ,
             That
             the
             Defendant
             was
             so
             far
             from
             this
             fault
             of
             stouting
             it
             out
             over-long
             ;
             that
             he
             deserves
             to
             lose
             his
             head
             for
             yeelding
             Bristol
             up
             too
             soone
             ;
             which
             certainly
             ,
             in
             all
             mens
             judgements
             ,
             is
             the
             more
             capitall
             crime
             of
             the
             two
             .
             
             Thirdly
             ,
             That
             no
             one
             president
             could
             be
             produced
             in
             Story
             ,
             where
             ever
             any
             Governour
             of
             a
             Town
             or
             Fort
             was
             judicially
             condemned
             or
             executed
             by
             the
             Prince
             or
             State
             that
             intrusted
             him
             to
             keep
             them
             ,
             for
             holding
             them
             against
             the
             Enemy
             overlong
             :
             And
             if
             the
             Defendant
             had
             been
             guilty
             of
             this
             crime
             ,
             wee
             would
             have
             been
             so
             farre
             from
             impeaching
             ,
             that
             we
             and
             the
             whole
             Kingdome
             should
             have
             honoured
             him
             highly
             for
             it
             ,
             though
             wee
             have
             both
             just
             cause
             to
             prosecuted
             him
             for
             the
             contrary
             ;
             for
             which
             sundry
             Governours
             have
             legally
             been
             condemned
             .
             Fourthly
             ,
             That
             it
             was
             a
             most
             ingrate
             requitall
             to
             execute
             any
             man
             for
             his
             over-much
             valour
             and
             fidelity
             ,
             
             and
             if
             this
             were
             once
             allowed
             for
             Martiall
             Law
             ,
             it
             would
             quickly
             make
             all
             Governovrs
             ,
             Souldiers
             ,
             Cowards
             or
             Traytors
             ;
             therefore
             certainly
             the
             Defendant
             had
             much
             mistaken
             his
             French
             Author
             ;
             who
             writes
             only
             in
             generall
             :
             that
             some
             have
             been
             put
             to
             death
             for
             stouting
             and
             holding
             out
             a
             Town
             overlong
             ;
             without
             defining
             by
             whom
             this
             was
             done
             .
             He
             pretends
             it
             was
             done
             by
             those
             who
             intrusted
             them
             with
             the
             Townes
             ,
             of
             which
             no
             example
             can
             be
             produced
             ;
             but
             certainly
             the
             Author
             meant
             it
             only
             of
             the
             Enemies
             ,
             who
             have
             somtimes
             put
             a
             Governour
             to
             death
             when
             a
             Town
             hath
             been
             forced
             ,
             for
             holding
             it
             over
             obstinately
             out
             against
             them
             ,
             for
             which
             there
             are
             divers
             presidents
             :
             And
             in
             this
             sence
             (
             which
             doubtlesse
             is
             the
             true
             )
             it
             suites
             very
             well
             to
             the
             Defendants
             case
             .
             The
             poore
             man
             was
             excepted
             (
             as
             he
             tells
             us
             )
             out
             of
             the
             Kings
             pardon
             sent
             to
             Bristol
             ,
             and
             so
             like
             to
             suffer
             if
             he
             held
             the
             Towne
             or
             Castle
             till
             it
             were
             forced
             by
             the
             Enemy
             :
             Wherefore
             to
             prevent
             all
             danger
             and
             save
             his
             best-beloved
             life
             ,
             hee
             thought
             good
             to
             avoyd
             the
             rigour
             of
             this
             Law
             ,
             by
             purchasing
             his
             impunity
             with
             the
             over-hasty
             surrender
             of
             them
             to
             the
             King
             ;
             and
             so
             by
             this
             unworthy
             shift
             
               
                 Incidit
                 in
                 Scyllam
                 qui
                 vult
                 vitare
                 Carybdin
                 :
              
            
          
           
             Forfeiting
             his
             head
             to
             the
             Parliament
             and
             Kingdome
             ,
             to
             secure
             it
             from
             the
             King.
             
          
           
             These
             three
             Paradoxes
             (
             discovering
             a
             most
             unsoldierly
             ,
             cowardly
             ,
             untrusty
             spirit
             in
             the
             maintainer
             of
             them
             )
             being
             answered
             ,
             Mr
             Prynne
             concluded
             his
             Reply
             to
             the
             Defence
             of
             the
             fourth
             Article
             ,
             and
             those
             that
             followed
             it
             ,
             with
             Colonell
             Fiennes
             his
             Commission
             for
             Bristoll
             ,
             and
             some
             presidents
             in
             point
             resolved
             in
             Parliament
             ,
             the
             Transcripts
             whereof
             out
             of
             the
             Parliaments
             Rols
             proved
             upon
             
             Oath
             to
             bee
             true
             Copies
             ,
             hee
             there
             delivered
             to
             the
             Councell
             .
          
           
             
               Colonell
               Fiennes
            
             his
             Commission
             (
             the
             Originall
             whereof
             he
             there
             produced
             )
             was
             read
             as
             followeth
             .
          
           
             
               
                 
                   
                     RObert
                     Earle
                     of
                     Essex
                     ,
                     &c.
                     
                       To
                       Colonell
                    
                     Nathaniel
                     Fiennes
                     .
                     
                       By
                       virtue
                       of
                       an
                       Ordinance
                       of
                       the
                       Lords
                       and
                       Commons
                       in
                       Parliament
                       ,
                       I
                       doe
                       constitute
                       and
                       appoint
                       you
                    
                     Governour
                     of
                     the
                     City
                     of
                     Bristoll
                     ,
                     
                       as
                       also
                       Commander
                       in
                       chiefe
                       of
                       all
                       the
                       Forces
                       raised
                       ,
                       or
                       to
                       be
                       raised
                       and
                       imployed
                    
                     for
                     the
                     defence
                     of
                     the
                     said
                     City
                     ,
                     and
                     the
                     Liberties
                     of
                     the
                     same
                     ,
                     and
                     of
                     the
                     Garrison
                     there
                     ,
                     to
                     serve
                     for
                     the
                     defence
                     of
                     the
                     King
                     ,
                     Parliament
                     ,
                     and
                     Kingdome
                     .
                     
                       These
                       are
                       therefore
                       to
                       will
                       and
                       require
                       you
                       by
                       virtue
                       of
                       this
                       Commission
                       to
                       take
                    
                     the
                     said
                     City
                     and
                     Forces
                     into
                     your
                     charge
                     as
                     Governour
                     in
                     chiefe
                     ,
                     and
                     by
                     all
                     possible
                     wayes
                     and
                     meanes
                     (
                     
                       except
                       in
                       point
                       of
                       Civill
                       Government
                    
                     )
                     to
                     provide
                     for
                     the
                     defence
                     and
                     security
                     of
                     the
                     same
                     ,
                     and
                     to
                     maintaine
                     the
                     same
                     against
                     all
                     enemies
                     and
                     opposition
                     whatsoever
                     :
                     
                       and
                       from
                       time
                       to
                       time
                       diligently
                       to
                       exercise
                       the
                       said
                       Forces
                       within
                       the
                       said
                       City
                       and
                       Liberties
                       ,
                       in
                       Arms
                       ;
                       commanding
                       all
                       Officers
                       and
                       Souldiers
                       to
                       obey
                       you
                       as
                       their
                    
                     Governour
                     and
                     Commander
                     
                       in
                       chiefe
                       for
                       the
                       service
                       above
                       mentioned
                       ,
                       according
                       to
                       this
                       Commission
                       given
                       you
                       :
                       And
                       you
                       are
                    
                     likewise
                     to
                     observe
                     and
                     follow
                     such
                     further
                     order
                     and
                     direction
                     
                       as
                       you
                       shall
                       receive
                    
                     from
                     my selfe
                     ,
                     or
                     from
                     both
                     Houses
                     of
                     Parliament
                     .
                     
                       Given
                       under
                       my
                       hand
                       and
                       Seale
                       of
                       Armes
                       this
                       first
                       day
                       of
                       May
                    
                     1643.
                     
                  
                   
                     
                       ESSEX
                       .
                    
                  
                
              
            
          
           
             From
             this
             Commission
             it
             appeares
             ,
             first
             ,
             that
             Colonell
             Fiennes
             was
             constituted
             Governour
             of
             Bristoll
             by
             Commission
             from
             his
             Excellency
             under
             his
             Hand
             and
             Seale
             .
             Secondly
             ,
             that
             
               he
               had
               the
               command
               in
               chiefe
               of
               all
               the
               Forces
               and
               Garrisons
               there
               ,
               who
               were
               to
               be
               imployed
               FOR
               THE
               DEFENCE
               OF
               THE
               SAID
               CITY
               ,
               and
               the
               Liberties
               of
               the
               same
               ;
               and
               to
               serve
               for
               the
               defence
               of
               the
               King
               ,
               Parliament
               ,
               and
               Kingdome
               .
            
             Thirdly
             ,
             that
             he
             was
             specially
             charged
             by
             that
             Commission
             
               to
               take
               the
               said
               City
               and
               Forces
               into
               his
               charge
               as
               Governour
               ,
               and
               BY
               ALL
               POSSIBLE
               WAYES
               AND
               MEANES
               TO
               PROVIDE
               FOR
               THE
               DEFENCE
               AND
               SECURITIE
               OF
               THE
               SAME
               ,
               AND
               TO
               MANTAIN
               THE
               SAME
               AGAINST
               ALL
               ENEMIES
               AND
               OPPOSITION
               WHATSOEVER
               ;
               and
               that
               all
               Officers
               and
               Souldiers
               were
               there
               to
               obey
               him
               as
               their
               Governour
               and
               Commander
               in
               chiefe
               for
               this
               service
               :
            
             Therefore
             he
             and
             his
             Officers
             were
             expresly
             injoyned
             by
             this
             commission
             to
             defend
             and
             keep
             it
             against
             the
             enemy
             ,
             to
             the
             uttermost
             extremity
             ,
             and
             were
             there
             placed
             for
             that
             very
             purpose
             :
             and
             that
             he
             sent
             for
             ,
             and
             accepted
             this
             Commission
             upon
             these
             very
             terms
             ,
             and
             not
             only
             to
             rule
             his
             souldiers
             ,
             not
             to
             keep
             the
             Town
             and
             Castle
             ,
             as
             he
             falsly
             at
             first
             pretended
             .
             Fourthly
             ,
             
               that
               he
               was
               to
               observe
               and
               follow
               such
               further
               order
               and
               direction
               from
               time
               to
               time
               ,
               as
               he
               should
               receive
               from
               his
               Excellency
               
               and
               both
               Houses
               of
               Parliament
            
             ;
             therefore
             not
             to
             surrender
             the
             City
             and
             Castle
             without
             their
             speciall
             order
             or
             direction
             ,
             which
             he
             never
             had
             to
             doe
             it
             ,
             as
             himselfe
             confesseth
             .
             His
             very
             Commission
             therefore
             being
             expresly
             violated
             in
             all
             these
             particulars
             by
             this
             his
             surrender
             ,
             before
             he
             was
             reduced
             to
             utmost
             extremitie
             ,
             is
             a
             sufficient
             evidence
             to
             declare
             and
             condemne
             him
             for
             a
             Traitor
             by
             the
             very
             Ordinances
             of
             War
             ,
             especially
             since
             he
             knew
             the
             *
             grand
             importance
             of
             the
             place
             ,
             for
             the
             Kingdomes
             safety
             .
          
           
             For
             Presidents
             adjudged
             in
             point
             ,
             I
             could
             produce
             many
             out
             of
             forraign
             *
             Histories
             ,
             which
             I
             shall
             pretermit
             ,
             because
             they
             are
             no
             binding
             evidence
             in
             Law
             ;
             Wherefore
             I
             shall
             confine
             my selfe
             to
             such
             domesticke
             examples
             of
             this
             nature
             as
             have
             been
             formerly
             adjudged
             in
             Parliament
             ,
             (
             the
             supremest
             Councell
             of
             Warre
             ,
             whose
             judgements
             must
             direct
             all
             others
             )
             registred
             amongst
             our
             Parliamentarie
             Records
             ,
             which
             cannot
             be
             controlled
             ,
             and
             are
             the
             best
             evidence
             of
             any
             other
             .
             The
             Records
             themselves
             (
             examined
             by
             the
             Parliament
             Rolls
             )
             are
             long
             ,
             and
             written
             in
             Law-French
             ,
             which
             perchance
             some
             of
             this
             Honourable
             Councell
             understand
             not
             ;
             I
             shall
             therefore
             briefly
             open
             them
             in
             English
             ,
             into
             which
             I
             have
             faithfully
             translated
             them
             at
             large
             in
             
               The
               Doome
               of
               Cowardice
               and
               Treacherie
               ,
            
             (
             printed
             by
             authoritie
             of
             Parliament
             )
             and
             apply
             them
             to
             the
             present
             case
             in
             order
             as
             they
             are
             opened
             :
             which
             course
             the
             Councell
             very
             well
             approved
             .
          
           
             
               The
               first
            
             *
             
               President
               is
               the
               case
               of
            
             John
             
               Lord
               of
            
             Gomineys
             ,
             
               who
               in
               the
               Parl.
               of
            
             1.
             
             R.
             2.
             n.
             38.
             40.
             
               was
               indicted
               and
               arraigned
               before
               the
               Lords
               for
               that
               he
               being
            
             
               
                 made
                 Governour
                 of
                 the
                 Town
                 and
                 Castle
                 of
              
               Arde
               (
               
                 in
                 France
                 )
                 by
                 K
              
               Edward
               
                 the
                 third
                 ,
                 to
                 this
                 intent
                 ,
              
               that
               he
               should
               safely
               ,
               keep
               the
               same
               for
               the
               King
               and
               his
               heires
               ,
               without
               surrendring
               them
               to
               any
               person
               without
               their
               command
               ,
               did
               yet
               in
               King
               Richard
               the
               second
               his
               reigne
               deliver
               and
               surrender
               the
               same
               to
               the
               Kings
               enemies
               ,
               without
               any
               command
               from
               him
               ,
               to
               the
               dishonour
               and
               dis-inheriting
               of
               the
               King
               and
               his
               Crowne
               ,
               and
               of
               the
               Realme
               of
               England
               ,
               against
               his
               undertaking
               aforesaid
               ,
               without
               any
               duresse
               or
               default
               of
               Victuals
               or
               Artillerie
               ,
               or
               of
               any
               other
               things
               necessary
               for
               the
               defence
               thereof
               .
               To
               which
               Indictment
               the
               Defendant
               pleaded
               ,
               that
               the
               Town
               and
               Castle
               were
               so
               weake
               ,
               that
               he
               could
               not
               well
               keep
               them
               against
               so
               great
               a
               power
               of
               the
               enemies
               as
               was
               then
               ready
               to
               assaile
               them
               :
               Whereupon
               he
               assembled
               all
               the
               Knights
               ,
               Esquires
               ,
               and
               others
               in
               the
               Towne
               ,
               and
               informed
               them
               of
               the
               dangers
               the
               Town
               was
               in
               ,
               and
               of
               the
               enemies
               forces
               ;
               and
               by
               common
               counsell
               and
               consent
               of
               them
               all
               he
               entred
               into
               a
               Treaty
               with
               the
               enemies
               ,
               to
               save
               the
               Lieges
               of
               the
               King
               within
               the
               Towne
               and
               Castle
               ;
               and
               thereupon
               yeelded
               up
               the
               same
               upon
               termes
               of
               composition
               ,
               receiving
               no
               reward
               at
               all
               for
               surrendring
               the
               Towne
               or
               Castle
               .
               But
               because
               one
               Geoffrey
               of
               Argentine
               Knight
               affirmed
               in
               Parliament
               ,
               that
               he
               was
               then
               in
               person
               within
               the
               said
               Towne
               and
               Castle
               ,
               in
               the
               defence
               whereof
               he
               was
               alwayes
               ready
               to
               live
               and
               dye
               ,
               never
               consenting
               to
               the
               surrender
               thereof
               :
               and
               because
               Sir
               
                 Ralph
                 de
                 Ferrers
              
               Knight
               had
               valiantly
               defended
               them
               in
               former
               times
               against
               a
               great
               force
               of
               the
               enemy
               when
               they
               were
               not
               so
               strong
               as
               at
               the
               time
               they
               were
               surrendred
               :
               And
               because
               
                 de
                 Gomineys
              
               had
               undertaken
               to
               keep
               them
               ,
               and
               if
               he
               could
               not
               have
               done
               it
               ,
               he
               ought
               in
               no
               wise
               to
               have
               undertaken
               to
               keep
               them
               ;
               and
               that
               another
               should
               and
               would
               have
               undertaken
               the
               safe
               keeping
               of
               them
               ,
               had
               not
               he
               undertaken
               it
               :
               and
               for
               that
               he
               yeelded
               them
               up
               in
               this
               sort
               before
               utmost
               extremity
               ,
               when
               he
               wanted
               neither
               men
               ,
               nor
               victuals
               ,
               nor
               ammunition
               ,
               he
               was
               adjudged
               to
               lose
               his
               head
               ,
               notwithstanding
               
               his
               plea
               ,
               that
               he
               did
               it
               by
               the
               advice
               of
               a
               generall
               Councell
               of
               Warre
               ,
               Warre
               ,
               to
               save
               the
               Kings
               liege
               Peoples
               lives
               and
               estates
               ,
               and
               that
               the
               Towne
               and
               Castle
               were
               weake
               ,
               unable
               to
               resist
               the
               Enemies
               power
               .
            
          
           
             This
             Towne
             was
             of
             far
             lesse
             importance
             to
             the
             Realme
             of
             England
             then
             Bristoll
             ;
             no
             treachery
             at
             all
             appeared
             in
             the
             surrender
             ,
             made
             by
             the
             vote
             of
             a
             generall
             Councell
             of
             War
             :
             yet
             we
             see
             the
             Governour
             adjudged
             to
             lose
             his
             head
             ,
             for
             not
             holding
             it
             out
             to
             the
             utmost
             extremity
             ,
             according
             to
             his
             duty
             .
             And
             if
             his
             plea
             could
             not
             secure
             him
             from
             such
             a
             sentence
             ,
             Colonell
             Fiennes
             his
             plea
             being
             the
             very
             same
             with
             his
             ,
             that
             he
             surrendred
             the
             City
             and
             Castle
             of
             Bristoll
             to
             the
             enemy
             before
             utmost
             extremity
             ,
             because
             they
             were
             weak
             and
             untenable
             for
             any
             long
             time
             ,
             to
             save
             the
             lives
             and
             estates
             of
             the
             Garrison
             ,
             and
             Parliaments
             friends
             ,
             and
             that
             by
             the
             counsell
             and
             assent
             of
             all
             the
             Knights
             ,
             Esquires
             ,
             Souldiers
             ,
             and
             Inhabitants
             thereof
             ,
             must
             needs
             be
             frivolous
             ,
             and
             can
             no
             way
             extenuate
             his
             fault
             ,
             nor
             save
             his
             neck
             from
             the
             blocke
             ;
             the
             rather
             ,
             because
             Bristoll
             was
             of
             far
             greater
             consequence
             to
             the
             Kingdome
             now
             ,
             and
             better
             provided
             ,
             fortified
             ,
             manned
             ,
             victualed
             ,
             and
             more
             likely
             to
             be
             relieved
             ,
             then
             Arde
             was
             then
             .
          
           
             
               The
               second
               President
               was
               of
            
             Pierce
             de
             Cressingham
             and
             John
             de
             Spikesworth
             
               Esquires
               ,
               who
               were
               arrested
               and
               arraigned
               in
               Parliament
            
             7
             Rich.
             2.
             num
             .
             17.
             for
             
               yeelding
               up
               the
               Castle
               of
               Drinkham
               in
               Flanders
               to
               the
               enemies
               ,
            
             from
             whom
             it
             was
             gained
             by
             the
             Bishop
             of
             Norwich
             ,
             though
             it
             were
             well
             and
             sufficiently
             stored
             
               with
               victuals
               and
               other
               necessaries
               ,
               and
               strong
               enough
               to
               be
               held
               against
               the
               enemies
               ,
               without
               the
               will
               or
               command
               of
               the
               King
               or
               his
               Lievtenant
               .
               To
               which
               Spikesworth
               pleaded
               ,
               That
               he
               had
               never
               the
               custody
               of
               that
               Castle
               ,
               or
               any
               thing
               to
               doe
               therewith
               ,
               but
               was
               chased
               into
               it
               by
               the
               enemy
               ,
               it
               being
               then
               in
               the
               custody
               of
               
                 Piers
                 de
                 Cressingham
              
               :
               That
               soone
               after
               the
               enemy
               assaulting
               the
               Barbican
               ,
               he
               was
               unhappily
               routed
               ,
               and
               one
               of
               his
               Varlets
               slaine
               close
               by
               him
               :
               That
               he
               had
               never
               any
               thing
               to
               doe
               in
               the
               Castle
               ,
               neither
               as
               a
               Souldier
               thereof
               ,
               nor
               in
               any
               other
               manner
               whatsoever
               ,
               but
               onely
               continued
               in
               it
               in
               manner
               aforesaid
               till
               it
               was
               surrendred
               by
               the
               said
               Piers
               ;
               And
               therefore
               prayed
               ,
               that
               it
               would
               please
               the
               King
               to
               have
               him
               excused
               .
               Whereupon
               it
               was
               ordered
               he
               should
               be
               set
               at
               liberty
               ,
               if
               nothing
               else
               could
               be
               said
               against
               him
               .
               
                 Piers
                 Cressingham
              
               ,
               who
               had
               the
               custody
               of
               the
               Castle
               ,
               alledged
               ,
               That
               upon
               the
               yeelding
               up
               of
               the
               Towne
               and
               Castle
               of
               Burburgh
               to
               the
               enemy
               ,
               of
               all
               the
               Garrison
               souldiers
               he
               had
               with
               him
               at
               Drinkham
               none
               would
               continue
               with
               him
               for
               the
               safeguard
               of
               that
               Castle
               but
               onely
               five
               persons
               ;
               by
               reason
               of
               which
               great
               necessity
               ,
               he
               was
               constrained
               for
               the
               safety
               of
               his
               owne
               person
               and
               people
               ,
               to
               enter
               into
               a
               Treaty
               with
               the
               enemies
               to
               deliver
               up
               that
               Fort
               ;
               and
               thereupon
               he
               yeelded
               it
               up
               ,
               and
               not
               for
               any
               other
               cause
               ,
               nor
               in
               any
               other
               manner
               ,
               but
               onely
               by
               constraint
               of
               the
               power
               of
               the
               enemies
               ,
               aforesaid
               ;
               denying
               that
               he
               ever
               received
               any
               thing
               from
               the
               enemies
               by
               way
               of
               gift
               ,
               or
               in
               any
               other
               manner
               :
               Whereupon
               he
               conceived
               that
               no
               man
               ought
               to
               impute
               any
               manner
               of
               blame
               or
               reproach
               unto
               his
               person
               ;
               but
               if
               it
               should
               be
               thought
               he
               had
               done
               ill
               in
               any
               manner
               ,
               he
               most
               humbly
               cast
               himselfe
               upon
               the
               grace
               of
               his
               Liege
               Lord.
               But
               because
               this
               excuse
               was
               held
               insufficient
               ,
               he
               was
               committed
               to
               prison
               ,
               till
               the
               King
               should
               otherwise
               declare
               his
               opinion
               concerning
               him
               .
            
          
           
             Here
             was
             a
             case
             of
             far
             greater
             extremity
             then
             Bristoll
             ,
             without
             any
             apparent
             mixture
             of
             treachery
             ;
             but
             onely
             five
             of
             the
             garison
             left
             to
             defend
             the
             Castle
             ,
             when
             
             as
             the
             Defendant
             had
             2300
             Souldiers
             at
             least
             in
             Bristoll
             ;
             and
             a
             surrender
             by
             common
             advise
             for
             the
             Governours
             and
             Inhabitants
             safety
             ;
             yet
             because
             Cressingham
             the
             Governour
             ,
             by
             virtue
             of
             his
             office
             was
             bound
             to
             hold
             it
             till
             the
             utmost
             extremity
             ,
             he
             was
             for
             the
             present
             adjudged
             to
             prison
             ,
             and
             to
             expect
             a
             further
             sentence
             afterwards
             ;
             whereas
             Spikesworth
             was
             acquitted
             ,
             because
             he
             came
             casually
             into
             the
             Castle
             ,
             as
             forced
             by
             the
             enemy
             ,
             and
             had
             no
             charge
             of
             it
             ,
             as
             a
             Governour
             ,
             Officer
             ,
             or
             garrison
             .
             Souldier
             ;
             all
             which
             (
             as
             appeares
             by
             this
             resolution
             )
             are
             answerable
             and
             punishable
             for
             delivering
             up
             the
             smallest
             Fort
             before
             utmost
             extremity
             .
          
           
             
               The
               third
               president
               is
               the
               case
               of
               the
               Bishop
               of
               Norwich
               ,
               accused
               in
               Parliament
            
             7.
             
             R
             2
             num
             .
             32.
             
             
               for
               surrendring
               the
               Town
               of
               Gravelin
               to
               the
               enemy
               ,
               before
               utmost
               extremity
               ,
               upon
               condition
               that
               it
               should
               be
               totally
               demolished
               ,
               To
               which
               the
               Bishop
               pleaded
               ,
               that
               by
               reason
               of
               the
               disobedience
               of
               his
               Captains
               ,
               who
               quitted
               the
               field
               ,
               and
               betooke
               themselves
               to
               their
               Forts
               ,
               he
               was
               constrained
               to
               retire
               with
               his
               Forces
               to
               the
               Towne
               of
               Graveling
               ,
               which
               he
               would
               have
               held
               out
               well
               enough
               against
               all
               men
               ,
               and
               did
               hold
               out
               till
               the
               other
               Captaines
               had
               surrendred
               their
               Forts
               adjoining
               ,
               to
               the
               French
               ;
               and
               after
               that
               ,
               untill
               speedy
               supplies
               might
               have
               arrived
               from
               England
               :
               But
               because
               there
               were
               sixe
               or
               7000
               English-men
               ,
               who
               came
               out
               of
               the
               Forts
               surrendred
               ,
               lying
               on
               the
               sands
               neare
               Calice
               ,
               who
               could
               not
               get
               into
               the
               Towne
               ,
               and
               were
               in
               danger
               to
               be
               slaine
               by
               the
               French
               within
               two
               or
               three
               dayes
               ,
               (
               the
               Truce
               being
               then
               expired
               )
               whose
               losse
               would
               have
               been
               charged
               principally
               upon
               him
               ;
               thereupon
               he
               was
               commanded
               by
               the
               King
               himselfe
               ,
               to
               render
               the
               Towne
               to
               the
               enemies
               or
               else
               to
               demolish
               it
               ,
               and
               then
               to
               march
               to
               succour
               the
               said
               English
               ,
               and
               after
               that
               towards
               England
               ,
               to
               save
               himself
               and
               others
               of
               his
               Army
               ,
               in
               case
               they
               were
               in
               any
               great
               want
               of
               victuals
               ,
               as
               in
               truth
               they
               were
               :
               and
               because
               it
               behoved
               him
               to
               abate
               and
               void
               the
               Towne
               ,
               as
               it
               was
               lawfull
               for
               him
               to
               doe
               at
               his
               pleasure
               ,
               being
               gained
               by
               his
               proper
               conquest
               from
               the
               enemy
               :
               it
               seemed
               to
               him
               ,
               that
               he
               ought
               to
               be
               well
               excused
               of
               what
               ever
               was
               surmised
               against
               him
               (
               for
               *
               compounding
               with
               French
               to
               rase
               the
               Towne
               to
               the
               ground
               ,
               and
               to
               depart
               whither
               he
               would
               with
               his
               bagge
               ,
               baggage
               ,
               and
               men
               .
               )
               To
               which
               was
               answered
               by
               the
               Lord
               Chancellor
               ,
               That
               there
               was
               sufficient
               victuals
               in
               the
               Towne
               when
               the
               Kings
               Letter
               came
               there
               ;
               after
               which
               the
               King
               sent
               other
               victuals
               thither
               in
               great
               plenty
               ,
               with
               Letters
               importing
               ,
               how
               he
               had
               appointed
               his
               Uncle
               to
               come
               speedily
               to
               his
               aid
               and
               succour
               ;
               yet
               notwithstanding
               he
               departed
               thence
               ,
               leaving
               the
               Towne
               to
               the
               enemies
               ,
               against
               the
               forme
               of
               his
               Indenture
               ,
               by
               which
               the
               King
               granted
               him
               whatever
               he
               should
               conquer
               ,
               not
               at
               all
               to
               surrender
               ,
               sell
               ,
               or
               leave
               the
               same
               to
               the
               enemy
               ,
               but
               to
               hold
               and
               possesse
               it
               .
               And
               as
               for
               the
               disobedience
               and
               defaults
               of
               his
               Officers
               ,
               and
               their
               surrender
               of
               the
               Fortresses
               ,
               they
               neither
               could
               nor
               ought
               at
               all
               to
               excuse
               him
               ,
               seeing
               they
               were
               all
               named
               and
               chosen
               by
               himselfe
               ,
               not
               by
               the
               King
               or
               his
               Councell
               ,
               and
               the
               Articles
               of
               the
               surrenders
               sealed
               between
               them
               and
               the
               enemies
               ,
               were
               made
               without
               the
               authority
               and
               consent
               of
               the
               King
               :
               Wherefore
               by
               the
               assent
               of
               the
               Earles
               ,
               Barons
               ,
               and
               other
               Lords
               temporall
               present
               in
               Parliament
               ,
               it
               was
               assented
               and
               decreed
               ,
               That
               the
               Bishop
               should
               be
               in
               the
               King
               mercy
               ,
               (
               who
               out
               of
               his
               grace
               would
               forbeare
               to
               lay
               hands
               on
               his
               body
               in
               regard
               of
               his
               function
               ,
               though
               he
               might
               justly
               have
               proceeded
               against
               him
               as
               a
               Lay-man
               :
               )
               that
               he
               should
               be
               put
               to
               a
               fine
               and
               ransome
               ,
               according
               to
               the
               quantity
               and
               quality
               of
               his
               offence
               ,
               for
               which
               his
               Temporalties
               should
               be
               seized
               ,
               
               and
               whatever
               monies
               he
               had
               received
               from
               the
               King
               ,
               and
               imployed
               to
               his
               owne
               use
               ,
               he
               should
               presently
               make
               full
               paiment
               thereof
               into
               the
               Kings
               Treasury
               ,
               without
               delay
               or
               difficulty
               .
               
                 Had
                 he
                 been
                 a
                 Lay-man
                 his
                 censure
                 had
                 proved
                 capitall
                 ,
                 and
                 more
                 rigorous
                 .
              
            
          
           
             Here
             we
             have
             all
             
               Colonell
               Fiennes
            
             excuses
             pleaded
             to
             justifie
             this
             action
             :
             First
             ,
             the
             saving
             not
             of
             a
             body
             of
             1500
             ,
             but
             7000
             English-men
             to
             serve
             the
             State
             ,
             whose
             lives
             were
             all
             endangered
             ,
             not
             in
             a
             garrison
             Towne
             or
             Castle
             well
             victualed
             ,
             or
             ammunitioned
             ,
             as
             those
             in
             Bristoll
             were
             ,
             but
             lying
             on
             the
             open
             sands
             without
             defence
             ,
             and
             that
             not
             in
             their
             owne
             native
             soile
             ,
             but
             beyond
             the
             seas
             in
             an
             enemies
             countrey
             .
             Secondly
             ,
             Despaire
             of
             timely
             reliefe
             ,
             and
             greater
             want
             of
             Victuals
             then
             was
             in
             Bristoll
             ,
             where
             there
             was
             too
             much
             plenty
             .
             Thirdly
             ,
             a
             Letter
             from
             the
             King
             himselfe
             ,
             injoining
             the
             Bishop
             to
             quit
             the
             Towne
             to
             the
             enemy
             in
             case
             they
             wanted
             Victuals
             ,
             as
             he
             alledged
             they
             did
             ;
             when
             as
             
               Colonell
               Fiennes
            
             received
             no
             such
             Letter
             from
             the
             Parliament
             or
             his
             Excellency
             ,
             to
             quit
             or
             yeeld
             up
             Bristoll
             .
             Fourthly
             ,
             this
             Towne
             was
             won
             from
             the
             enemy
             by
             the
             Bishop
             himselfe
             ,
             not
             immediately
             committed
             to
             him
             to
             guard
             by
             the
             King
             or
             Parliament
             ,
             as
             Bristoll
             was
             to
             the
             Defendant
             ,
             who
             had
             lesse
             right
             to
             surrender
             Bristoll
             ,
             then
             this
             Bishop
             Gravelin
             ,
             being
             his
             owne
             conquest
             .
             Fifthly
             ,
             he
             did
             not
             yeeld
             up
             the
             Towne
             ,
             with
             all
             the
             Cannon
             ,
             Armes
             ,
             and
             provisions
             in
             it
             to
             the
             enemy
             ,
             as
             the
             Defendant
             did
             Bristoll
             ;
             but
             onely
             demolished
             it
             and
             sleighted
             the
             Fortifications
             ,
             departing
             thence
             with
             bag
             ,
             baggage
             ,
             cannon
             ,
             and
             his
             men
             ;
             yet
             notwithstanding
             all
             these
             particulars
             ,
             and
             the
             gallant
             service
             this
             martiall
             Bishop
             had
             done
             in
             this
             Expedition
             ,
             he
             incurred
             this
             heavie
             censure
             ,
             and
             had
             his
             Temporalties
             seized
             divers
             yeers
             for
             his
             Fine
             and
             Ransome
             .
             And
             if
             he
             deserved
             such
             a
             censure
             ,
             no
             doubt
             the
             Defendant
             deserves
             a
             far
             greater
             ,
             notwithstanding
             his
             excuses
             .
          
           
             
               The
               fourth
               president
               is
               that
               of
               Sir
            
             William
             de
             Elmham
             ,
             Sir
             John
             Tryvet
             ,
             Sir
             Henry
             de
             Ferrers
             ,
             
               and
               Sir
            
             William
             de
             Farendon
             ,
             
               Knights
               ,
               and
            
             Robert
             Fitz-Ralph
             
               Esquire
               ,
               impeached
               in
               the
               Parliament
               of
            
             7.
             
             R.
             2.
             rot
             .
             Par.
             n.
             24.
             
             
               for
               surrendring
               the
               Towne
               and
               castle
               of
               Burburgh
               to
               the
               enemy
               ,
               and
               receiving
               monies
               for
               the
               Armes
               ,
               Victuals
               ,
               Prisoners
               ,
               and
               goods
               within
               the
               same
               .
               To
               the
               which
               Sir
               
                 William
                 de
                 Elmham
              
               ,
               and
               most
               of
               the
               others
               pleaded
               ,
               that
               they
               were
               enforced
               to
               surrender
               the
               Towne
               and
               castle
               to
               the
               enemy
               of
               fine
               force
               ,
               for
               the
               salvation
               of
               themselves
               ,
               the
               Garrison
               and
               people
               therein
               ,
               the
               enemy
               having
               besieged
               and
               assaulted
               it
               in
               very
               great
               number
               ,
               and
               set
               the
               Towne
               on
               fire
               within
               ,
               who
               would
               have
               taken
               it
               by
               force
               ,
               and
               taken
               or
               slaine
               all
               those
               within
               it
               ,
               had
               they
               not
               yeelded
               it
               by
               agreement
               :
               And
               that
               the
               monies
               they
               received
               ,
               was
               onely
               for
               the
               Prisoners
               ,
               Victuals
               ,
               and
               other
               goods
               within
               the
               same
               not
               for
               the
               surrendring
               of
               the
               Towne
               it selfe
               .
               Yet
               notwithstanding
               this
               excuse
               was
               adjudged
               insufficient
               ,
               and
               the
               parties
               ordered
               to
               make
               full
               paiment
               to
               the
               King
               of
               all
               the
               monies
               received
               from
               the
               enemy
               ,
               to
               stand
               committed
               to
               prison
               ,
               to
               make
               ransome
               at
               the
               Kings
               will
               according
               to
               the
               quantity
               of
               their
               severall
               offences
               ,
               and
               Sir
               
                 William
                 de
                 Farendon
              
               left
               to
               the
               Kings
               mercy
               ,
               both
               for
               his
               body
               and
               goods
               ,
               to
               doe
               with
               them
               what
               he
               pleased
               .
            
          
           
             Here
             we
             have
             a
             Towne
             assaulted
             by
             a
             multitude
             of
             enemies
             ,
             fired
             in
             part
             ,
             and
             thereupon
             a
             surrender
             upon
             composition
             ,
             to
             save
             the
             Officers
             and
             Souldiers
             from
             being
             taken
             or
             slame
             by
             the
             enemy
             :
             yea
             ,
             a
             better
             market
             then
             the
             Defendant
             made
             at
             Bristoll
             ,
             even
             a
             sale
             of
             the
             prisoners
             ,
             Victuals
             ,
             and
             goods
             in
             the
             Towne
             to
             
             the
             enemy
             for
             money
             ,
             when
             endangered
             to
             be
             all
             surprised
             by
             force
             ;
             yet
             this
             was
             judged
             no
             excuse
             :
             Therefore
             certainly
             the
             Defendants
             pretended
             necessity
             ,
             and
             danger
             of
             forcing
             the
             Towne
             by
             the
             enemy
             ,
             not
             halfe
             so
             reall
             as
             this
             ,
             cannot
             excuse
             his
             crime
             ,
             nor
             extenuate
             his
             guilt
             ,
             nor
             yet
             his
             pretence
             of
             saving
             his
             Officers
             and
             Garrisons
             lives
             and
             estates
             ,
             to
             doe
             the
             Parliament
             service
             else
             where
             .
          
           
             
               The
               fift
               president
               ,
               is
               that
               famous
               case
               of
            
             William
             de
             Weston
             
               in
               the
               Parliament
               of
            
             1.
             
             R.
             2
             ,
             num
             .
             38
             ,
             39
             ,
             40.
             
             
               The
               Commons
               in
               this
               Parliament
               prayed
               ,
               that
               all
               those
               Captaines
               who
               had
               rendred
               or
               lost
               Castles
               or
               Townes
               through
               their
               default
               ,
               might
               be
               put
               to
               answer
               it
               in
               this
               present
               Parliament
               ,
               and
               severely
               punished
               according
               to
               their
               deserts
               ,
               by
               award
               of
               the
               Lords
               and
               Barons
               ,
               to
               eschew
               the
               evill
               examples
               they
               had
               given
               to
               other
               Governours
               of
               Townes
               and
               castles
               .
               Whereupon
               
                 Iohn
                 de
                 Gomineys
              
               (
               whose
               case
               I
               began
               with
               )
               and
               
                 William
                 de
                 Weston
              
               ,
               then
               detained
               Prisoners
               in
               the
               Tower
               ,
               because
               they
               had
               lost
               and
               rendered
               the
               Kings
               Townes
               and
               castles
               to
               the
               enemies
               ,
               were
               brought
               by
               the
               Constable
               of
               the
               Tower
               before
               the
               Lords
               in
               full
               Parliament
               in
               the
               White
               chamber
               ;
               where
               Weston
               by
               the
               Lords
               command
               was
               arraigned
               by
               Sir
               
                 Richard
                 Lescop
              
               ,
               Steward
               of
               the
               Kings
               house
               ,
               in
               manners
               following
               .
            
          
           
             
               
                 William
                 de
                 Weston
              
               ,
               you
               took
               upon
               you
               from
               the
               most
               puissant
               Prince
               (
               whom
               God
               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
               2600
               men
               of
               Armes
               ,
               and
               700
               Arblasters
               Genevoyes
               ,
               and
               with
               5000
               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
               38
               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
               1500
               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
               ,
               78
               Franks
               ;
               likewise
               after
               was
               paid
               at
               Calice
               for
               the
               victuals
               
               of
               the
               said
               castle
               before
               that
               time
               due
               ,
               442
               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
               135
               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
             6000
             or
             8000
             able
             men
             more
             in
             the
             towne
             ,
             whom
             he
             might
             have
             imployed
             in
             its
             defence
             .
             Thirdly
             ,
             there
             were
             8400
             enemies
             before
             it
             ,
             as
             many
             or
             more
             then
             were
             before
             Bristoll
             ,
             and
             but
             50
             men
             onely
             in
             the
             castle
             to
             defend
             it
             ;
             whereas
             there
             were
             2000
             foot
             and
             300
             horse
             at
             least
             to
             guard
             Bristoll
             :
             a
             vast
             disproportion
             .
             Fourthly
             ,
             they
             had
             nine
             great
             Peeces
             of
             battery
             ,
             a
             great
             Ram
             or
             Morter-peece
             ,
             greater
             then
             ever
             were
             seen
             in
             those
             parts
             before
             ,
             with
             many
             other
             Engines
             ,
             as
             many
             or
             more
             then
             the
             enemy
             had
             at
             Bristoll
             .
             Fifthly
             ,
             the
             siege
             ,
             battery
             ,
             and
             assault
             thereof
             ,
             continued
             from
             Munday
             till
             Saturday
             ;
             whereas
             Bristoll
             was
             besieged
             onely
             from
             Munday
             till
             Wednesday
             noone
             (
             not
             halfe
             so
             long
             )
             and
             then
             yeelded
             upon
             parley
             .
             Sixtly
             ,
             all
             the
             walls
             and
             houses
             of
             the
             Castle
             were
             beaten
             downe
             and
             battered
             exceedingly
             ,
             and
             the
             ditches
             drained
             of
             the
             water
             by
             trenches
             ,
             and
             all
             their
             barricado's
             beaten
             downe
             ,
             yet
             they
             still
             held
             it
             out
             :
             whereas
             not
             one
             shot
             at
             all
             was
             so
             much
             as
             made
             against
             the
             Castle
             or
             walls
             of
             Bristoll
             ,
             but
             against
             the
             Out-works
             onely
             .
             Seventhly
             ,
             after
             the
             walls
             and
             barricado's
             were
             thus
             broken
             downe
             ,
             and
             the
             ditch
             drained
             ,
             they
             manfully
             repulsed
             the
             enemy
             ,
             who
             fiercely
             assaulted
             it
             ,
             and
             slew
             divers
             of
             them
             ,
             with
             the
             losse
             and
             wounding
             of
             some
             of
             the
             garrison
             ;
             whereas
             Bristoll
             Castle
             ,
             and
             the
             body
             of
             the
             Towne
             ,
             were
             yeelded
             up
             before
             the
             least
             battery
             ,
             Mine
             ,
             or
             Assault
             .
             Eighthly
             ,
             they
             made
             all
             things
             ready
             for
             an
             assault
             ,
             planting
             all
             their
             Ordnance
             ,
             Engines
             ,
             Galleries
             ,
             and
             Faggots
             ,
             close
             to
             the
             Castle-ditch
             ,
             and
             sent
             two
             severall
             Heraulds
             and
             Messengers
             to
             him
             for
             a
             Parley
             ere
             he
             would
             treat
             :
             whereas
             the
             Defendant
             before
             any
             battery
             or
             assault
             against
             the
             City
             or
             Castle
             sent
             out
             twice
             to
             the
             
             enemy
             for
             a
             Parley
             ,
             with
             so
             much
             haste
             ,
             that
             he
             would
             not
             hearken
             to
             any
             who
             would
             beat
             them
             out
             ,
             or
             oppose
             or
             delay
             the
             Treaty
             .
             Ninthly
             ,
             twelve
             of
             his
             fifty
             men
             were
             by
             this
             time
             slaine
             ,
             sick
             ,
             and
             wounded
             ,
             so
             that
             he
             had
             onely
             38
             left
             ,
             to
             make
             good
             the
             castle
             thus
             battered
             and
             assaulted
             with
             so
             great
             a
             power
             ;
             whereas
             the
             Defendant
             lost
             but
             eight
             men
             at
             most
             ,
             and
             had
             at
             least
             2300
             horse
             and
             foot
             ,
             when
             he
             fell
             to
             parley
             .
             Tenthly
             ,
             he
             surrendred
             the
             Castle
             ,
             by
             the
             advice
             of
             a
             generall
             Councell
             of
             War
             ,
             upon
             better
             grounds
             then
             the
             Defendant
             yeelded
             up
             Bristoll
             ;
             to
             wit
             ,
             because
             the
             wals
             were
             beaten
             downe
             ,
             the
             garrison
             over
             small
             to
             defend
             it
             ,
             the
             enemy
             very
             likely
             to
             force
             it
             by
             the
             assault
             ,
             no
             present
             reliefe
             neare
             at
             hand
             ,
             and
             to
             save
             his
             owne
             with
             the
             Souldiers
             lives
             and
             goods
             ,
             which
             else
             were
             indangered
             to
             be
             lost
             ;
             none
             of
             which
             the
             Defendant
             can
             justly
             alledge
             ,
             as
             we
             have
             manifested
             .
             Eleventhly
             ,
             he
             made
             the
             most
             of
             an
             ill
             bargaine
             ,
             by
             selling
             the
             Victuals
             and
             Prisoners
             in
             it
             to
             the
             French
             for
             1500
             Franks
             ,
             with
             which
             he
             paid
             his
             Souldiers
             their
             arrears
             of
             wages
             ,
             discharged
             the
             debts
             of
             the
             castle
             owing
             for
             Victuals
             ,
             and
             defrayed
             the
             charges
             of
             their
             passage
             into
             England
             ;
             whereas
             the
             Defendant
             yeelded
             up
             all
             the
             Prisoners
             and
             Victuals
             to
             the
             enemy
             gratis
             ;
             with
             which
             provisions
             the
             ships
             that
             brought
             over
             the
             Irish
             Souldiers
             were
             victualled
             ,
             and
             left
             the
             State
             to
             pay
             the
             Souldiers
             arreares
             ,
             and
             other
             debts
             contracted
             by
             him
             there
             ,
             amounting
             to
             many
             thousand
             pounds
             ,
             which
             ought
             to
             be
             made
             good
             out
             of
             his
             owne
             estate
             .
             Therefore
             in
             these
             respects
             he
             ought
             to
             undergoe
             the
             selfe
             same
             judgement
             of
             death
             ,
             and
             to
             be
             drawne
             and
             hanged
             much
             more
             justly
             then
             he
             .
          
           
             To
             these
             Presidents
             ,
             
             Col.
             Fiennes
             Answered
             :
             1.
             
             That
             these
             Governours
             had
             all
             of
             them
             Commissions
             under
             the
             great
             Seale
             of
             England
             ,
             to
             keep
             these
             Townes
             and
             Castles
             ,
             and
             that
             made
             their
             offence
             so
             great
             ;
             but
             hee
             had
             no
             such
             Commission
             under
             the
             great
             Seale
             of
             England
             ,
             to
             bee
             Governour
             of
             Bristoll
             ,
             and
             this
             he
             conceived
             differenced
             the
             cases
             much
             .
          
           
             To
             which
             Mr
             Prynne
             replyed
             :
             
             First
             ,
             that
             the
             Defendant
             was
             much
             mistaken
             in
             this
             point
             ;
             for
             these
             Towns
             and
             Castles
             lying
             in
             France
             ,
             if
             the
             Commissions
             of
             their
             Governourships
             were
             under
             any
             Seale
             ,
             it
             was
             under
             the
             great
             Seale
             of
             France
             not
             of
             England
             ,
             as
             appeares
             by
             the
             expresse
             Statute
             ,
             of
             14.
             
             E.
             3.
             
             
               Stat.
               4.
               
               &
               1.
               
               H.
               6.
               
               Rot.
               Parl.
               Num.
            
             14.
             15.
             
             Secondly
             ,
             that
             the
             great
             Seal
             being
             carried
             from
             the
             Parliament
             when
             his
             Commission
             was
             granted
             ,
             he
             could
             not
             expect
             any
             such
             Commission
             under
             the
             great
             Seal
             ,
             but
             from
             the
             King
             himselfe
             in
             opposition
             to
             the
             Parliament
             ,
             to
             whom
             he
             surrendred
             Bristoll
             ,
             perchance
             for
             want
             of
             a
             Commission
             under
             the
             great
             Seal
             to
             keep
             it
             .
             Thirdly
             ,
             if
             this
             were
             a
             good
             plea
             or
             warrantable
             distinction
             ,
             then
             all
             the
             Governours
             of
             Towns
             and
             Castles
             within
             the
             Parliaments
             power
             might
             treacherously
             or
             cowardly
             surrender
             them
             forthwith
             to
             the
             King
             without
             punishment
             or
             danger
             ,
             because
             they
             wanted
             a
             Commission
             under
             the
             great
             Seal
             to
             keep
             them
             .
             Fourthly
             ,
             he
             had
             a
             Commission
             under
             his
             Excellencies
             hand
             and
             seal
             to
             keep
             the
             City
             ;
             under
             whose
             Authority
             he
             took
             the
             custody
             of
             it
             for
             the
             Parliaments
             and
             Kingdomes
             safety
             in
             these
             distracted
             times
             ,
             by
             vertue
             of
             a
             Commission
             of
             both
             Houses
             granted
             to
             his
             Excellency
             :
             therefore
             his
             offence
             is
             as
             great
             ,
             as
             capitall
             for
             surrendring
             it
             contrary
             to
             his
             trust
             and
             his
             Excellencies
             Commission
             to
             keep
             it
             ,
             as
             if
             it
             had
             been
             under
             the
             great
             Seal
             .
             Fourthly
             ,
             when
             his
             Commission
             was
             first
             granted
             
             the
             Parliament
             had
             not
             made
             a
             
               New
               great
               Seal
            
             to
             seal
             it
             ,
             but
             since
             his
             surrender
             of
             Bristol
             ,
             they
             had
             made
             one
             :
             and
             he
             durst
             assure
             the
             Defendant
             ,
             had
             his
             courage
             and
             fidelity
             been
             such
             as
             to
             hold
             out
             Bristol
             till
             the
             new
             Seal
             was
             made
             ,
             hee
             would
             have
             procured
             him
             a
             Commission
             under
             it
             to
             keep
             Bristol
             ,
             rather
             then
             hee
             should
             have
             yeelded
             it
             up
             cowardly
             to
             the
             Enemy
             for
             want
             of
             a
             Commission
             under
             the
             great
             Seal
             of
             England
             .
             But
             because
             he
             held
             it
             not
             till
             such
             Commission
             might
             be
             obtained
             ,
             he
             must
             be
             condemned
             for
             rendering
             it
             contrary
             to
             that
             Commission
             which
             he
             both
             sent
             for
             and
             received
             from
             his
             Excellency
             under
             his
             Seal
             of
             Armes
             alone
             .
          
           
             His
             second
             Answer
             was
             ,
             
             that
             it
             appeared
             not
             in
             these
             Records
             what
             other
             matters
             and
             proofes
             were
             produced
             against
             these
             persons
             ,
             besides
             those
             mentioned
             in
             them
             ,
             and
             therefore
             for
             ought
             he
             knew
             they
             might
             be
             condemned
             for
             something
             else
             besides
             what
             is
             alleadged
             in
             these
             Records
             ,
             else
             the
             cases
             might
             seem
             very
             hard
             and
             the
             sentences
             none
             of
             the
             justest
             .
          
           
             To
             which
             Mr
             Prynne
             Replyed
             ,
             
             That
             the
             Defendant
             by
             this
             strange
             Answer
             betrayed
             his
             extraordinary
             ignorance
             in
             matters
             of
             Law
             and
             Records
             ,
             into
             which
             no
             Depositions
             of
             Witnesses
             are
             wont
             to
             bee
             inserted
             ,
             but
             only
             the
             true
             state
             of
             the
             case
             it selfe
             ,
             and
             the
             Iudgement
             given
             thereupon
             ,
             And
             therefore
             to
             surmise
             they
             were
             condemned
             for
             any
             thing
             else
             ,
             then
             what
             is
             expresly
             mentioned
             in
             the
             Records
             and
             Iudgments
             themselves
             ,
             is
             to
             averre
             against
             the
             very
             Records
             ,
             and
             the
             Iudges
             that
             gave
             the
             sentences
             ;
             and
             so
             to
             falsifie
             and
             nullifie
             all
             Records
             .
             The
             cases
             therefore
             being
             admitted
             to
             be
             really
             such
             as
             the
             Records
             relate
             in
             nature
             of
             a
             demurrer
             or
             concession
             ,
             and
             the
             Iudgements
             determining
             them
             to
             be
             such
             ;
             this
             answer
             must
             rather
             be
             deemed
             an
             ignorant
             mistake
             ,
             then
             any
             solid
             reply
             .
          
           
             His
             third
             Answer
             was
             ,
             
             That
             the
             Castle
             of
             
               Outhrewik
               ,
               Arde
            
             and
             Burbugh
             ,
             were
             places
             of
             no
             great
             consequence
             or
             wealth
             and
             therefore
             ought
             to
             be
             held
             out
             to
             the
             utmost
             .
             But
             Bristol
             being
             one
             of
             the
             richest
             ,
             chiefest
             Cities
             in
             the
             Realme
             ,
             and
             of
             great
             importance
             ,
             ought
             not
             to
             bee
             endangered
             or
             ruinated
             by
             holding
             it
             to
             the
             utmost
             extremity
             ,
             as
             Castles
             and
             other
             such
             places
             of
             lesse
             concernment
             might
             be
             .
          
           
             To
             which
             Mr
             Prynne
             Answered
             :
             
             First
             ,
             that
             if
             places
             of
             smallest
             concerment
             ought
             to
             hold
             out
             to
             extremity
             ,
             and
             if
             it
             be
             death
             to
             yeeld
             them
             up
             before
             ;
             then
             certainly
             Bristol
             ,
             and
             places
             of
             greatest
             consequence
             to
             the
             ruine
             or
             safety
             of
             the
             Realme
             ought
             much
             more
             to
             be
             kept
             till
             extremity
             ,
             and
             the
             yeelding
             of
             them
             up
             must
             be
             more
             capitall
             :
             else
             he
             that
             betrayeth
             the
             greatest
             trust
             ,
             and
             doth
             most
             mischiefe
             to
             the
             State
             ,
             shall
             be
             lesse
             culpable
             ,
             and
             undergoe
             a
             milder
             censure
             then
             he
             that
             betrayes
             the
             smallest
             Fort
             :
             yea
             if
             this
             were
             either
             good
             justice
             ,
             law
             ,
             or
             Lodgick
             ;
             the
             Defendant
             might
             argue
             ,
             that
             he
             who
             steales
             ten
             thousand
             pounds
             or
             murthers
             a
             man
             ,
             deserves
             not
             death
             ,
             but
             hee
             who
             steales
             thirteen
             pence
             halfe-penny
             ,
             or
             strikes
             a
             man
             ought
             to
             bee
             hanged
             without
             pitty
             .
             The
             president
             and
             Argument
             therefore
             held
             
               à
               minori
               ad
               majus
            
             :
             If
             these
             were
             condemned
             for
             their
             cowardly
             surrendring
             of
             those
             inconsiderable
             Townes
             and
             Castles
             before
             utmost
             extremity
             ,
             which
             did
             but
             little
             prejudice
             to
             the
             Republike
             ;
             then
             much
             more
             ought
             the
             Defendant
             to
             lose
             his
             head
             for
             yeelding
             Bristoll
             thus
             ,
             a
             place
             of
             highest
             concerment
             to
             the
             Kingdome
             ,
             which
             is
             almost
             lost
             in
             ,
             and
             by
             its
             losse
             .
             
             And
             doubtlesse
             the
             Defendant
             who
             would
             not
             adventure
             his
             life
             to
             preserve
             such
             a
             most
             considerable
             City
             as
             Bristol
             to
             the
             utmost
             exigent
             ,
             would
             never
             adventure
             it
             to
             hold
             out
             any
             other
             inferiour
             places
             till
             the
             last
             ,
             but
             yeeld
             them
             up
             without
             resistance
             .
             Since
             therefore
             it
             appeared
             by
             these
             presidents
             ;
             that
             the
             parties
             impeached
             for
             surrendring
             up
             any
             Forts
             were
             alwayes
             detained
             under
             custody
             during
             their
             tryall
             ;
             He
             desired
             the
             Councell
             the
             second
             time
             ,
             that
             Col.
             Fiennes
             might
             presently
             bee
             put
             under
             safe
             custody
             ,
             and
             judgement
             given
             against
             him
             according
             to
             these
             presidents
             and
             the
             Lawes
             of
             warre
             :
             the
             rather
             ,
             because
             they
             were
             seconded
             by
             his
             own
             late
             judgement
             against
             Yeomans
             and
             Butcher
             ,
             whom
             he
             condemned
             and
             executed
             by
             Martiall
             Law
             only
             for
             endeavouring
             to
             deliver
             up
             Bristoll
             to
             the
             Enemy
             before
             it
             was
             fully
             fortified
             ,
             when
             as
             himselfe
             thus
             cowardly
             and
             traitorously
             surrendred
             it
             to
             them
             after
             it
             was
             fortified
             ,
             and
             abundantly
             furnished
             with
             all
             necessaries
             to
             hold
             out
             a
             siege
             ,
             their
             intentionall
             surrender
             being
             not
             so
             criminall
             or
             fatall
             to
             the
             Republike
             ,
             as
             his
             actuall
             .
          
           
             When
             we
             had
             thus
             made
             good
             the
             severall
             Articles
             of
             our
             charge
             ,
             and
             fixed
             the
             losse
             of
             
               Bristol
               and
               the
               West
               too
            
             on
             Col.
             Fiennes
             ,
             who
             by
             his
             not
             denying
             it
             in
             his
             Answer
             to
             the
             fourth
             Article
             ,
             did
             thereby
             in
             point
             of
             Law
             confesse
             it
             .
             The
             Colonell
             to
             free
             himselfe
             from
             this
             heavie
             charge
             ,
             took
             the
             boldnesse
             to
             translate
             it
             ,
             to
             one
             no
             wayes
             guilty
             of
             it
             ;
             averring
             before
             the
             Councell
             with
             greater
             impudency
             then
             verity
             ,
             
               That
               Bristol
               and
               the
               West
               were
               not
               lost
               by
               him
               ,
               but
               by
               Sir
               William
               Waller
               :
            
             to
             prove
             this
             Paradox
             ,
             he
             produced
             severall
             impertinent
             Allegations
             ,
             casting
             sundry
             false
             aspersions
             upon
             that
             eminent
             Knight
             behinde
             his
             backe
             ,
             which
             he
             durst
             not
             have
             uttered
             in
             his
             presence
             .
             Vpon
             which
             Mr
             Prynne
             humbly
             moved
             the
             Councell
             ,
             that
             a
             Gentleman
             of
             his
             worth
             and
             honour
             might
             not
             be
             thus
             publikely
             traduced
             ,
             where
             he
             was
             neither
             present
             to
             make
             his
             defence
             ,
             nor
             a
             party
             to
             the
             Articles
             ;
             desiring
             that
             either
             he
             might
             substantially
             prove
             this
             palpable
             slander
             by
             pregnant
             evidences
             ,
             or
             else
             be
             exemplaplarily
             punished
             for
             it
             .
          
           
             Hereupon
             the
             Defendant
             first
             alledged
             ,
             
             that
             he
             sent
             Sir
             
               William
               Waller
            
             1200
             Foot
             out
             of
             Bristoll
             (
             to
             wit
             ,
             Colonell
             Pophams
             whole
             Regiment
             )
             very
             well
             armed
             ,
             who
             at
             the
             rout
             of
             Sir
             William
             neare
             the
             Devises
             lost
             all
             their
             Armes
             ,
             (
             not
             many
             of
             these
             men
             returning
             thenceto
             Bristoll
             ,
             and
             those
             without
             Arms
             ;
             )
             the
             losse
             of
             which
             Regiment
             so
             weakned
             the
             garrison
             ,
             that
             it
             lost
             both
             Bristoll
             and
             the
             West
             ,
             which
             he
             could
             not
             defend
             for
             want
             of
             men
             .
          
           
             To
             which
             Mr
             Prynne
             answered
             ,
             
             first
             ,
             that
             Bristoll
             was
             not
             lost
             for
             want
             of
             men
             ;
             and
             that
             this
             Regiment
             was
             fully
             made
             up
             and
             supplied
             by
             the
             Defendant
             his
             owne
             confession
             ,
             with
             a
             great
             over-plus
             ;
             Sir
             
               William
               Waller
            
             not
             receiving
             above
             7
             or
             800
             Foot
             out
             of
             Bristoll
             ,
             in
             lieu
             whereof
             the
             Defendant
             raised
             1100
             or
             1000
             at
             the
             least
             ,
             
             besides
             those
             from
             Malmsbury
             .
             Secondly
             ,
             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
             7.
             
             R.
             2.
             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
             14
             of
             December
             1643.
             and
             concluded
             on
             
               Saturday
               December
            
             23.
             
             After
             which
             both
             
             parties
             were
             ordered
             to
             attend
             the
             Councell
             againe
             on
             Friday
             following
             being
             the
             29
             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
                     29
                     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
             ,
             1644.
             
          
           
             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
             :
             
             1.
             
             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
             :
             1.
             
             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
             ?
             2ly
             ,
             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
             .
             3ly
             ,
             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.
             1587.
             
             
               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
               ,
               28.
               1587
               ,
               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.
             1641
             ,
             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
             2300
             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
             21.
             l.
             46.
             read
          
           ;
           he
           did
           .
           
             p.
             22.
             l.
          
           36.
           37.
           ran
           fast
           ;
           he
           was
           .
           
             p.
             52.
             l.
          
           37.
           murtherers
           
             p.
             53.
             l.
          
           6.
           and
           av
           .
           
             p.
             57.
             l.
          
           46.
           no
           ill
           .
           p.
           65.
           4.
           their
           
             incontainability
             .
             l.
          
           12.
           knew
           
             l.
             42.
             might
          
           must
           .
           
             p.
             78.
             l.
          
           8.
           as
           well
           .
           
             p.
             92.
             l.
          
           25.
           
           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.
           26
           ,
           27.
           was
           produced
           and
           made
           little
           to
           the
           purpose
           :
           Or
           such
           whose
           Testimonies
           were
           altogether
           impertinent
           ;
           as
           Sir
           
             William
             Balfore
          
           his
           Testimony
           ,
           that
           he
           charged
           up
           with
           him
           at
           
             Edge
             hill
          
           batell
           ,
           formerly
           answered
           :
           Mr
           
             Anthony
             Nichols
          
           testimony
           ,
           That
           Colonell
           Warnslow
           in
           a
           Letter
           of
           his
           lately
           written
           ,
           affirmed
           ,
           that
           they
           spent
           40.
           
           Barrels
           of
           powder
           at
           Plymouth
           in
           one
           day
           ,
           when
           they
           repulsed
           the
           Enemy
           out
           of
           their
           Works
           ,
           and
           Master
           
             Iohn
             Ash
          
           ,
           who
           attested
           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
                     
                       20.
                       
                       Novemb.
                       1643.
                       
                    
                  
                
              
            
          
        
         
           This
           was
           written
           with
           Sir
           Williams
           owne
           hand
           ,
           who
           offered
           to
           depose
           it
           upon
           Oath
           ;
           but
           in
           regard
           he
           was
           a
           Generall
           ,
           his
           hand
           and
           reputation
           well
           known
           to
           the
           Counsell
           and
           Defendant
           ,
           and
           a
           Generalls
           testimony
           in
           Counsells
           of
           War
           usually
           admitted
           without
           an
           Oath
           ,
           we
           thought
           meet
           to
           doe
           him
           so
           much
           right
           ,
           as
           to
           take
           his
           testimony
           upon
           his
           honour
           without
           an
           oath
           .
        
         
           
             
               
                 
                   The
                   Testimony
                   of
                   Edward
                   Stephens
                   Esq
                   .
                   a
                   Member
                   of
                   the
                   House
                   of
                   Commons
                   .
                
                 
                   Master
                   
                     Edward
                     Stephens
                  
                   of
                   Little
                   Sudbury
                   in
                   the
                   County
                   of
                   Glocester
                   attesteth
                   upon
                   Oath
                   *
                   
                     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
                     70.
                     barrells
                     of
                     Powder
                     ;
                     Then
                  
                   I
                   asked
                   him
                   
                     whether
                     they
                     were
                     double
                     Barrells
                  
                   ?
                   he
                   said
                   ,
                   
                     that
                     they
                     were
                     commonly
                     called
                     by
                     the
                     name
                     of
                     French
                     Barrells
                     ,
                     and
                     that
                     they
                     did
                     hold
                     as
                     much
                     as
                     any
                     two
                     of
                     our
                     ordinary
                     barrells
                     .
                  
                   He
                   said
                   further
                   ,
                   that
                   there
                   were
                   at
                   the
                   same
                   time
                   in
                   the
                   said
                   Magazine
                   140.
                   
                     bundles
                     of
                     Match
                  
                   ,
                   and
                   that
                   
                     in
                     the
                     Castle
                     there
                     was
                     Bullet
                     answerable
                     ,
                     with
                     materialls
                     to
                     make
                     more
                  
                   ;
                   he
                   told
                   me
                   likewise
                   ,
                   how
                   
                     many
                     barrells
                     of
                     Beefe
                     ,
                     how
                     many
                     Butts
                     of
                     Sack
                     ,
                     and
                     how
                     many
                     Tunne
                     of
                     Beere
                     he
                     found
                     there
                     ,
                  
                   the
                   number
                   of
                   which
                   particulars
                   I
                   have
                   now
                   forgotten
                   ;
                   but
                   I
                   remember
                   ,
                   
                     they
                     seemed
                     unto
                     me
                     to
                     be
                     a
                     very
                     vast
                     proportion
                  
                   ;
                   for
                   sea
                   
                     Coales
                     he
                     said
                     ,
                     that
                     he
                     did
                     beleeve
                     there
                     were
                     enough
                     to
                     serve
                     halfe
                     London
                     for
                     a
                     moneth
                     :
                  
                   some
                   other
                   things
                   he
                   told
                   me
                   concerning
                   Bristoll
                   ,
                   but
                   not
                   worth
                   the
                   mentioning
                   :
                   what
                   I
                   have
                   here
                   set
                   downe
                   ,
                   if
                   it
                   doth
                   not
                   containe
                   in
                   it
                   the
                   very
                   words
                   which
                   Captain
                   Bushell
                   spake
                   unto
                   me
                   ,
                   I
                   am
                   certaine
                   it
                   containes
                   the
                   effect
                   of
                   them
                   .
                   Dated
                   the
                   12.
                   of
                   Decemb.
                   1643.
                   
                
                 
                   
                     Edward
                     Baynton
                     .
                  
                
              
            
          
        
         
           The
           Prosecutors
           could
           not
           meete
           with
           Captaine
           Bushell
           himselfe
           as
           they
           endeavoured
           ,
           to
           have
           him
           examined
           upon
           Oath
           ,
           during
           the
           Tryall
           ,
           but
           he
           comming
           casually
           to
           St.
           Albanes
           the
           very
           last
           day
           of
           the
           Hearing
           ,
           assoone
           as
           the
           Counsell
           were
           risen
           attested
           all
           the
           Premises
           ,
           and
           much
           more
           ,
           before
           divers
           of
           the
           Counsell
           ,
           and
           offered
           to
           make
           Oath
           thereof
           .
        
         
           
           
             
               
                 
                   The
                   sum
                   of
                   Col.
                   Alexander-Pophams
                   Testimonie
                   ,
                   (
                   a
                   Member
                   of
                   the
                   Commons
                   House
                   )
                   delivered
                   Viva
                   voce
                   before
                   the
                   Councell
                   .
                
                 
                   That
                   his
                   taking
                   of
                   Sherborn
                   was
                   after
                   *
                   Colonell
                   Fiennes
                   had
                   his
                   Commission
                   to
                   be
                   Governour
                   of
                   Bristoll
                   :
                   that
                   he
                   marched
                   out
                   of
                   Bristoll
                   with
                   his
                   Regiment
                   ,
                   to
                   Sir
                   
                     William
                     Waller
                  
                   ,
                   by
                   Col.
                   Fiennes
                   his
                   own
                   Orders
                   ,
                   as
                   appeared
                   by
                   this
                   Letter
                   written
                   to
                   him
                   with
                   his
                   own
                   hand
                   .
                
                 
                   
                     
                       
                         Sir
                         ,
                      
                    
                     
                       YOu
                       may
                       please
                       to
                       march
                       with
                       your
                       Regiment
                       from
                       hence
                       to
                       Bathe
                       ,
                       where
                       you
                       are
                       to
                       attend
                       upon
                       Sir
                       
                         William
                         Waller
                      
                       in
                       this
                       present
                       Service
                       ,
                       and
                       to
                       receive
                       Orders
                       from
                       him
                       from
                       time
                       to
                       time
                       ,
                       till
                       you
                       receive
                       Order
                       from
                       my self
                       ,
                       or
                       my
                       Lord
                       Generall
                       for
                       your
                       returne
                       unto
                       this
                       Garrison
                       .
                    
                     
                       
                         Your
                         assured
                         friend
                         and
                         Servant
                         ,
                         
                         NATH
                         .
                         FIENNES
                         .
                      
                       
                         Bristol
                         
                           July
                           ,
                           2.
                           1643.
                           
                        
                      
                    
                  
                
                 
                   That
                   he
                   conceived
                   the
                   Fortifications
                   about
                   the
                   City
                   and
                   Castle
                   of
                   Bristoll
                   ,
                   to
                   be
                   very
                   strong
                   and
                   substantiall
                   ;
                   that
                   the
                   Out-Forts
                   and
                   Castle
                   commanded
                   the
                   City
                   and
                   Suburbs
                   ;
                   that
                   when
                   the
                   Enemie
                   entred
                   the
                   Line
                   ,
                   they
                   could
                   not
                   enter
                   the
                   Town
                   without
                   great
                   danger
                   and
                   difficulty
                   ,
                   the
                   Key
                   being
                   unfordable
                   for
                   horse
                   or
                   foot
                   at
                   low-water
                   ,
                   by
                   reason
                   of
                   the
                   deepnesse
                   of
                   the
                   mud
                   ,
                   and
                   at
                   high-water
                   by
                   reason
                   of
                   the
                   Tide
                   .
                   And
                   that
                   he
                   complained
                   to
                   Col.
                   Fiennes
                   of
                   Major
                   Langrist
                   his
                   Cowardize
                   .
                
              
            
          
        
         
           
             
               
                 
                   The
                   effect
                   of
                   Col.
                   Thomas
                   Pury
                   (
                   a
                   Member
                   of
                   the
                   House
                   of
                   Commons
                   )
                   his
                   Testimony
                   ,
                   delivered
                   personally
                   upon
                   Oath
                   before
                   the
                   Councell
                   ,
                   and
                   of
                   Captain
                   Parry
                   .
                
                 
                   That
                   he
                   was
                   present
                   in
                   Glocester
                   all
                   the
                   Siege
                   thereof
                   ,
                   soone
                   after
                   the
                   surrender
                   of
                   Bristoll
                   ,
                   and
                   was
                   likewise
                   in
                   Bristol
                   but
                   a
                   little
                   before
                   its
                   Seige
                   and
                   surrender
                   ,
                   to
                   buy
                   Match
                   and
                   other
                   provisions
                   for
                   Glocester
                   ;
                   where
                   he
                   found
                   plenty
                   of
                   Match
                   ,
                   Powder
                   ,
                   Ammunition
                   ,
                   provisions
                   of
                   all
                   sorts
                   ,
                   and
                   the
                   Garrison
                   and
                   Workes
                   far
                   more
                   strong
                   and
                   tenable
                   than
                   those
                   of
                   Glocester
                   .
                   That
                   when
                   Glocester
                   was
                   first
                   besieged
                   ,
                   they
                   had
                   but
                   30.
                   single
                   barrels
                   of
                   Powder
                   ,
                   which
                   with
                   two
                   barrels
                   and
                   a
                   half
                   they
                   received
                   from
                   
                     Barkley
                     Castle
                  
                   ,
                   and
                   the
                   Powder
                   they
                   made
                   during
                   the
                   siege
                   ,
                   (
                   which
                   was
                   about
                   4.
                   or
                   5.
                   barrels
                   a
                   week
                   ,
                   they
                   setting
                   up
                   divers
                   Powder
                   Mills
                   to
                   provide
                   what
                   quantity
                   they
                   could
                   )
                   amounted
                   in
                   
                     all
                     but
                     to
                     50.
                     single
                     barrels
                     ,
                  
                   with
                   which
                   they
                   maintained
                   the
                   Siege
                   ,
                   notwithstanding
                   their
                   frequent
                   sallies
                   ,
                   against
                   a
                   far
                   greater
                   power
                   of
                   the
                   Enemy
                   then
                   came
                   before
                   Bristol
                   ,
                   for
                   31.
                   dayes
                   ,
                   having
                   but
                   half
                   a
                   barrell
                   of
                   powder
                   left
                   ,
                   when
                   his
                   Excellencie
                   relieved
                   them
                   ;
                   and
                   yet
                   the
                   businesse
                   was
                   carried
                   so
                   discreetly
                   ,
                   that
                   none
                   but
                   the
                   Governour
                   and
                   himself
                   (
                   who
                   had
                   the
                   care
                   and
                   providing
                   of
                   most
                   of
                   the
                   Provisions
                   and
                   Ammunition
                   )
                   knew
                   their
                   Powder
                   was
                   so
                   neere
                   spent
                   ;
                   That
                   they
                   were
                   all
                   resolved
                   when
                   their
                   powder
                   was
                   al
                   gone
                   ,
                   to
                   hold
                   it
                   out
                   to
                   the
                   last
                   ,
                   and
                   rather
                   to
                   dye
                   and
                   burn
                   the
                   Town
                   when
                   they
                   could
                   keep
                   it
                   no
                   longer
                   ,
                   than
                   surrender
                   it
                   ;
                   That
                   they
                   had
                   not
                   above
                   7.
                   or
                   8.
                   
                   Peeces
                   of
                   Canon
                   in
                   the
                   
                   Town
                   ,
                   and
                   those
                   very
                   small
                   ;
                   but
                   1500.
                   
                   Souldiers
                   of
                   all
                   sorts
                   ,
                   Club-men
                   and
                   Armed
                   ,
                   who
                   were
                   constantly
                   upon
                   duty
                   day
                   &
                   night
                   al
                   the
                   Siege
                   ,
                   they
                   having
                   no
                   reserves
                   nor
                   spare
                   men
                   to
                   relieve
                   one
                   another
                   :
                   That
                   their
                   Workes
                   were
                   about
                   3.
                   miles
                   in
                   compasse
                   and
                   far
                   weaker
                   than
                   those
                   of
                   Bristol
                   ,
                   where
                   they
                   were
                   strongest
                   ;
                   and
                   that
                   for
                   want
                   of
                   men
                   they
                   were
                   enforced
                   voluntarily
                   to
                   quit
                   the
                   Vineyard
                   ,
                   one
                   of
                   their
                   strongest
                   Out-Workes
                   ;
                   which
                   the
                   Enemie
                   thereupon
                   tooke
                   possession
                   of
                   ,
                   to
                   their
                   great
                   disadvantage
                   .
                   He
                   farther
                   deposed
                   ,
                   that
                   the
                   Enemie
                   (
                   as
                   they
                   were
                   certainely
                   informed
                   )
                   had
                   most
                   of
                   the
                   Powder
                   ,
                   Bullet
                   and
                   Ammunition
                   they
                   spent
                   at
                   the
                   Siege
                   of
                   Glocester
                   from
                   Bristol
                   ,
                   which
                   was
                   brought
                   from
                   thence
                   by
                   water
                   .
                   And
                   that
                   he
                   being
                   in
                   London
                   soon
                   after
                   the
                   Siege
                   of
                   Glocester
                   ,
                   Colonell
                   Fiennes
                   entring
                   into
                   discourse
                   with
                   him
                   concerning
                   the
                   Siege
                   thereof
                   ,
                   amongst
                   other
                   things
                   ,
                   demanded
                   of
                   him
                   ,
                   
                     How
                     many
                     barrels
                     of
                     Powder
                     they
                     had
                     when
                     the
                     Enemie
                     came
                     first
                     before
                     the
                     Town
                     ?
                  
                   He
                   answered
                   ,
                   
                     That
                     they
                     had
                     onely
                     30.
                     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
                     30.
                     barrels
                     ?
                  
                   To
                   whom
                   he
                   replyed
                   to
                   this
                   effect
                   ,
                   
                     That
                     they
                     being
                     all
                     resolved
                     to
                     hold
                     it
                     out
                     to
                     the
                     last
                     ,
                     and
                     not
                     to
                     quit
                     the
                     Town
                     upon
                     any
                     Termes
                     ,
                     did
                     not
                     much
                     trouble
                     themselves
                     to
                     consider
                     how
                     little
                     powder
                     they
                     had
                     ,
                     but
                     how
                     they
                     might
                     spend
                     what
                     they
                     had
                     to
                     the
                     best
                     advantage
                     .
                  
                   Then
                   Col.
                   Fiennes
                   demanded
                   of
                   him
                   ,
                   
                     How
                     much
                     Powder
                     they
                     had
                     left
                     when
                     the
                     Town
                     was
                     releeved
                     by
                     his
                     Excellencie
                     ?
                  
                   To
                   which
                   he
                   replyed
                   ,
                   
                     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
                     3.
                     or
                  
                   4.
                   
                     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.
                   12.
                   1643.
                   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
                   ,
                   2000.
                   men
                   and
                   Armes
                   ,
                   (
                   
                     as
                     I
                     verily
                     beleeve
                  
                   )
                   besides
                   300.
                   horse
                   :
                   
                     in
                     this
                     condition
                     the
                     enemy
                     found
                     us
                     ,
                     who
                     shewed
                     themselves
                     before
                     the
                  
                   Tovvne
                   the
                   23th
                   of
                   Iuly
                   ,
                   but
                   assaulted
                   not
                   the
                   Tovvne
                   till
                   the
                   25th
                   .
                   day
                   in
                   the
                   morning
                   ,
                   vvhere
                   they
                   vvere
                   repulsed
                   vvith
                   some
                   losse
                   :
                   
                     the
                     next
                     morning
                     being
                     the
                     26th
                     .
                     they
                     furiously
                     assaulted
                     the
                     City
                     on
                     both
                     sides
                     ,
                  
                   but
                   vvere
                   every
                   vvhere
                   repulsed
                   vvith
                   great
                   losse
                   ,
                   except
                   at
                   one
                   place
                   ,
                   vvhere
                   entred
                   about
                   200.
                   or
                   300.
                   of
                   the
                   enemy
                   ,
                   the
                   Line
                   being
                   imperfect
                   ,
                   and
                   a
                   vveake
                   Guard
                   ,
                   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.
                   14.
                   1643.
                   
                
                 
                   
                     Thomas
                     Stephens
                     .
                  
                
              
            
          
        
         
           
             
               
                 
                   The
                   Testimony
                   of
                   Col.
                   William
                   Stroode
                   ,
                   delivered
                   first
                   in
                   writing
                   ,
                   and
                   afterwards
                   Viva
                   voce
                   before
                   the
                   Counsell
                   .
                
                 
                   I
                   depose
                   ,
                   that
                   the
                   17.
                   of
                   July
                   at
                   night
                   ,
                   sir
                   
                     William
                     Waller
                  
                   departing
                   from
                   Bristoll
                   with
                   his
                   Troopes
                   ,
                   
                   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
                   20.
                   under
                   the
                   said
                   Governours
                   Command
                   ;
                   
                     Who
                     vvas
                  
                   *
                   
                     very
                     confident
                  
                   (
                   as
                   I
                   conceived
                   )
                   
                     that
                     the
                     Line
                     and
                     Workes
                     about
                     the
                     said
                     City
                     vvere
                     very
                     sufficient
                     ,
                  
                   
                   
                     and
                     the
                     Castle
                     thereof
                     in
                     very
                     good
                     defence
                     ,
                     the
                     Workes
                     vvhereof
                     ,
                     he
                     vvas
                     very
                     diligent
                     to
                     perfect
                     ,
                     and
                     to
                     increase
                     his
                     men
                     and
                     Armes
                     till
                     the
                     Enemie
                     came
                     before
                     it
                     .
                     And
                     I
                     my self
                     conceived
                     the
                     said
                     Tovvn
                     and
                     Castle
                     tenable
                     against
                     all
                     the
                     Enemies
                     povver
                     ,
                     else
                     I
                     vvould
                     not
                     have
                     continued
                     therein
                     :
                  
                   And
                   although
                   I
                   pretended
                   not
                   to
                   have
                   a
                   lodging
                   in
                   the
                   Castle
                   ,
                   yet
                   
                     Captaine
                     Birch
                  
                   told
                   me
                   I
                   might
                   have
                   one
                   ,
                   so
                   as
                   I
                   would
                   send
                   in
                   ten
                   pounds
                   a
                   man
                   for
                   my self
                   and
                   my
                   retinue
                   ,
                   to
                   buy
                   provision
                   of
                   victuals
                   .
                   That
                   the
                   23.
                   of
                   Iuly
                   last
                   the
                   Enemie
                   appeared
                   in
                   small
                   bodies
                   before
                   the
                   East
                   and
                   South
                   parts
                   of
                   the
                   City
                   ,
                   but
                   retreated
                   again
                   to
                   their
                   Quarters
                   ;
                   and
                   the
                   next
                   day
                   they
                   appeared
                   in
                   greater
                   bodies
                   ,
                   and
                   that
                   night
                   Quartered
                   somewhat
                   neere
                   unto
                   it
                   .
                   The
                   24.
                   of
                   that
                   moneth
                   they
                   assaulted
                   some
                   of
                   the
                   Out-Workes
                   very
                   weakly
                   ,
                   and
                   shot
                   their
                   Ordnance
                   at
                   randome
                   :
                   The
                   25.
                   day
                   they
                   appeared
                   in
                   greater
                   number
                   ,
                   and
                   discharged
                   divers
                   Canon
                   shot
                   against
                   the
                   Out-Workes
                   ,
                   some
                   of
                   which
                   fell
                   into
                   the
                   City
                   ,
                   but
                   did
                   no
                   harme
                   .
                   The
                   26.
                   they
                   furiously
                   stormed
                   the
                   Town
                   from
                   one
                   a
                   clock
                   in
                   the
                   morning
                   till
                   after
                   day-light
                   ,
                   and
                   were
                   repulsed
                   with
                   great
                   losse
                   every
                   where
                   ,
                   but
                   in
                   one
                   place
                   where
                   the
                   Line
                   was
                   defective
                   ;
                   where
                   some
                   of
                   the
                   Enemy
                   entred
                   betweene
                   5.
                   and
                   6.
                   of
                   the
                   Clock
                   (
                   as
                   I
                   heard
                   )
                   that
                   morning
                   .
                   Not
                   long
                   after
                   the
                   said
                   Governour
                   meeting
                   me
                   ,
                   desired
                   me
                   to
                   come
                   to
                   a
                   Councell
                   of
                   War
                   ,
                   at
                   which
                   there
                   met
                   some
                   8.
                   or
                   9.
                   
                   Officers
                   and
                   no
                   more
                   :
                   
                     Where
                     the
                     said
                     Governour
                     himself
                  
                   ,
                   
                   
                     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
                     200.
                     
                     Musketeers
                     ,
                     I
                     would
                     undertake
                     either
                     to
                     cleare
                     the
                     House
                     of
                     them
                     ,
                     or
                     fire
                     the
                     House
                     about
                     their
                     eares
                     ,
                     or
                     lose
                     my
                     life
                     ;
                     but
                     notwithstanding
                     my
                     Colonells
                     ,
                     and
                     my
                     owne
                     often
                     pressing
                     of
                     him
                     to
                     make
                     a
                     timely
                     sally
                     ,
                     he
                     would
                     allow
                     of
                     none
                     ,
                     untill
                     such
                     time
                     as
                     it
                     was
                     too
                     late
                     ;
                     for
                     he
                     neglected
                     it
                     at
                     my
                     guesse
                     at
                     the
                     *
                     least
                     two
                     houres
                  
                   ;
                   
                   
                     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
                     70.
                     barrels
                     of
                     powder
                     remaining
                     in
                     it
                     at
                     the
                     surrender
                     ;
                     and
                     the
                     Governour
                     said
                     ,
                     he
                     could
                     make
                     match
                     every
                     day
                     as
                     fast
                     as
                     he
                     should
                     spend
                     it
                     .
                     I
                     know
                     not
                     any
                     necessary
                     provisions
                     either
                     of
                     men
                     ,
                     Armes
                     ,
                     Artillery
                     ,
                     Victuals
                     ,
                     or
                     any
                     thing
                     else
                     necessary
                     for
                     the
                     defence
                     of
                     the
                     Castle
                     that
                     was
                     wanting
                     ,
                     but
                     that
                     there
                     was
                     plenty
                     of
                     all
                     things
                     for
                     its
                     defence
                     ,
                     for
                     divers
                     moneths
                     ;
                     as
                     likewise
                     the
                     Forts
                     about
                     the
                     Town
                     were
                     held
                     and
                     victualled
                     ,
                     by
                     which
                     meanes
                     of
                     holding
                     the
                     Forts
                     and
                     Castle
                     ,
                     the
                     Enemy
                     would
                     have
                     had
                     bad
                     possession
                     of
                     the
                     Town
                     ,
                     which
                     was
                     commanded
                     by
                     these
                     :
                     I
                     conclude
                     this
                     Testimony
                     with
                     this
                     Opinion
                     ,
                  
                   
                   *
                   
                     That
                     the
                     Castle
                     of
                  
                   Bristoll
                   
                     might
                     have
                     beene
                     kept
                     untill
                     this
                     day
                     ,
                  
                   November
                   ,
                   1.
                   1643.
                   
                
                 
                   
                     EDVV.
                     WOOD.
                     
                  
                
              
            
          
        
         
           
             
               
                 
                   This
                   Testimony
                   being
                   full
                   and
                   home
                   ;
                   Col.
                   Fiennes
                   ,
                   excepted
                   against
                   the
                   witnesse
                   ,
                   because
                   there
                   had
                   beene
                   some
                   differences
                   between
                   his
                   brother
                   Col.
                   
                     Iohn
                     Fiennes
                  
                   and
                   him
                   ;
                   whose
                   valour
                   was
                   such
                   ,
                   that
                   he
                   drew
                   his
                   sword
                   &
                   cut
                   off
                   
                     Major
                     Woods
                  
                   finger
                   ,
                   when
                   as
                   two
                   men
                   held
                   his
                   Armes
                   .
                   To
                   which
                   Master
                   Prynne
                   answered
                   ,
                   that
                   the
                   difference
                   was
                   not
                   betweene
                   the
                   witnesse
                   and
                   defendant
                   himselfe
                   ,
                   but
                   the
                   defendants
                   Brother
                   ,
                   which
                   concerned
                   not
                   him
                   .
                   That
                   this
                   quarrell
                   grew
                   since
                   the
                   surrender
                   of
                   Bristoll
                   ,
                   and
                   its
                   reference
                   to
                   a
                   Councell
                   of
                   War
                   ,
                   not
                   before
                   ;
                   and
                   that
                   upon
                   this
                   very
                   point
                   now
                   in
                   issue
                   ;
                   that
                   
                     Major
                     Wood
                  
                   affirmed
                   this
                   Town
                   and
                   Castle
                   when
                   surrendred
                   ,
                   to
                   be
                   strong
                   and
                   tenable
                   against
                   all
                   the
                   Enemies
                   power
                   :
                   Whereupon
                   Col.
                   
                     Iohn
                     Fiennes
                  
                   gave
                   him
                   the
                   lye
                   ,
                   and
                   cut
                   off
                   his
                   finger
                   as
                   aforesaid
                   ;
                   And
                   if
                   this
                   should
                   be
                   a
                   good
                   exception
                   against
                   a
                   witnesse
                   ,
                   then
                   the
                   Defendant
                   and
                   his
                   Brother
                   (
                   as
                   deeply
                   guilty
                   in
                   this
                   fact
                   as
                   himselfe
                   )
                   might
                   quarrell
                   thus
                   with
                   all
                   other
                   witnesses
                   (
                   as
                   they
                   did
                   with
                   Captain
                   Bagnall
                   even
                   in
                   the
                   Councell-chamber
                   )
                   and
                   so
                   by
                   this
                   practise
                   deprive
                   us
                   of
                   their
                   Testimonies
                   ,
                   if
                   they
                   could
                   not
                   perswade
                   them
                   by
                   promises
                   of
                   preferment
                   and
                   areares
                   to
                   hold
                   their
                   peace
                   .
                   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
                   200.
                   men
                   ,
                   when
                   as
                   they
                   might
                   have
                   sent
                   out
                   thrice
                   as
                   many
                   :
                   that
                   the
                   Sally
                   was
                   made
                   with
                   all
                   disadvantage
                   up
                   the
                   hill
                   ,
                   that
                   they
                   beate
                   the
                   Enemy
                   through
                   divers
                   streets
                   ,
                   and
                   had
                   in
                   probability
                   driven
                   them
                   out
                   of
                   the
                   Suburbs
                   ,
                   but
                   that
                   the
                   horse
                   sent
                   out
                   in
                   the
                   sally
                   under
                   Captain
                   Vaughan
                   (
                   who
                   charged
                   not
                   ,
                   but
                   retreated
                   at
                   the
                   Enemies
                   first
                   entrance
                   )
                   basely
                   retreated
                   upon
                   the
                   fall
                   of
                   one
                   horse
                   which
                   was
                   shot
                   ,
                   and
                   so
                   both
                   dis-heartened
                   and
                   dis-ordered
                   their
                   Foot
                   ,
                   and
                   caused
                   their
                   retreate
                   ;
                   yet
                   he
                   never
                   questioned
                   the
                   Horse
                   or
                   Captain
                   of
                   them
                   .
                   That
                   Major
                   Lewis
                   (
                   whom
                   the
                   Defendant
                   laboured
                   to
                   asperse
                   all
                   he
                   could
                   )
                   went
                   out
                   in
                   this
                   Sally
                   ,
                   where
                   he
                   behaved
                   himselfe
                   very
                   gallantly
                   and
                   received
                   a
                   wound
                   ;
                   and
                   that
                   he
                   being
                   an
                   old
                   experienced
                   Souldier
                   ,
                   exceedingly
                   disliked
                   the
                   calling
                   off
                   the
                   Souldiers
                   from
                   the
                   Line
                   at
                   first
                   ;
                   and
                   advised
                   the
                   Governour
                   to
                   fall
                   upon
                   them
                   from
                   the
                   Line
                   ,
                   as
                   soone
                   as
                   they
                   entred
                   ,
                   when
                   they
                   might
                   have
                   easily
                   beene
                   cut
                   off
                   .
                   And
                   whereas
                   the
                   Defendant
                   alleaged
                   ,
                   that
                   Colonell
                   Washingtons
                   whole
                   Regiment
                   of
                   Foote
                   had
                   possessed
                   themselves
                   of
                   the
                   Suburbs
                   when
                   the
                   Sally
                   was
                   made
                   ,
                   it
                   appeared
                   upon
                   the
                   strict
                   examination
                   of
                   this
                   witnesse
                   ,
                   that
                   his
                   whole
                   Regiment
                   that
                   entred
                   were
                   not
                   above
                   300.
                   men
                   ,
                   most
                   of
                   the
                   rest
                   being
                   slain
                   or
                   wounded
                   in
                   the
                   storme
                   or
                   assault
                   that
                   morning
                   .
                   So
                   little
                   advantage
                   gained
                   he
                   ,
                   by
                   examining
                   this
                   witnesse
                   ;
                   who
                   surther
                   affirmed
                   ,
                   that
                   the
                   bullets
                   one
                   night
                   flying
                   somewhat
                   thick
                   in
                   the
                   streete
                   where
                   he
                   and
                   the
                   Governour
                   stood
                   talking
                   together
                   ,
                   being
                   shot
                   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
                   2.
                   or
                   3.
                   dayes
                   before
                   the
                   Seige
                   of
                   Bristoll
                   brought
                   neare
                   200.
                   men
                   ,
                   well
                   armed
                   from
                   Malmesbury
                   into
                   Bristoll
                   ,
                   whom
                   Colonell
                   Fiennes
                   entertained
                   ,
                   and
                   some
                   7.
                   or
                   8.
                   barrels
                   of
                   powder
                   in
                   sackes
                   .
                   That
                   the
                   Castle
                   was
                   so
                   strong
                   and
                   Fortified
                   that
                   he
                   conceived
                   it
                   tenable
                   ,
                   and
                   would
                   have
                   held
                   it
                   out
                   
                   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
           26.
           of
           Iuly
           to
           the
           King
           ▪
           as
           in
           truth
           it
           was
           .
        
         
           
             
               
                 
                   The
                   Deposition
                   of
                   Captaine
                   Iames
                   Harrington
                   .
                
                 
                   I
                   Captain
                   
                     Iames
                     Harrington
                  
                   ,
                   doe
                   attest
                   upon
                   my
                   Oath
                   ,
                   that
                   I
                   did
                   heare
                   Captaine
                   Oland
                   ,
                   *
                   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
                   100.
                   or
                   200.
                   l.
                   ready
                   for
                   him
                   at
                   London
                   ,
                   and
                   would
                   pay
                   the
                   residue
                   that
                   is
                   due
                   unto
                   him
                   by
                   such
                   summes
                   speedily
                   ;
                   or
                   words
                   to
                   that
                   effect
                   .
                
                 
                   
                     Iames
                     Harrington
                     .
                  
                
              
            
          
        
         
           
             
               
                 
                   The
                   Deposition
                   of
                   Capt.
                   Robert
                   Bagnall
                   touching
                   the
                   late
                   surrender
                   of
                   the
                   City
                   and
                   Castle
                   of
                   Bristoll
                   to
                   the
                   Enemy
                   ,
                   by
                   Colonell
                   Nathaniell
                   Fiennes
                   ,
                   late
                   Governour
                   thereof
                   ,
                   taken
                   before
                   the
                   Judge
                   Advocate
                   in
                   London
                   .
                
                 
                   The
                   Deponent
                   attesteth
                   upon
                   his
                   Oath
                   ,
                   
                   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
           2.
           houres
           ,
           as
           divers
           other
           companies
           also
           did
           ,
           and
           in
           all
           that
           time
           received
           no
           Orders
           for
           a
           Sally
           ,
           or
           any
           thing
           else
           ;
           by
           meanes
           whereof
           many
           of
           the
           Souldiers
           departed
           from
           their
           Colours
           to
           Tavernes
           ,
           Alehouses
           to
           drinke
           ,
           and
           so
           gave
           the
           Enemies
           time
           and
           respite
           to
           enter
           further
           into
           the
           Suburbs
           without
           resistance
           ,
           and
           to
           possesse
           themselves
           of
           Essex
           Fort
           ,
           and
           Sir
           
             Ferdinando
             Gorges
          
           house
           ,
           and
           some
           of
           them
           came
           under
           the
           Colledge
           wall
           over
           against
           Alderman
           Hooks
           house
           ,
           and
           played
           upon
           our
           Forces
           ,
           I
           
           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
           200.
           yards
           from
           the
           Forts
           :
           
             Captain
             Bagnall
          
           therefore
           having
           three
           expresse
           witnesses
           to
           back
           him
           ,
           must
           stand
           
             rectus
             in
             Curia
          
           ,
           notwithstanding
           
             Captain
             Husbands
          
           and
           his
           brother
           ,
           saw
           no
           Horse
           retreate
           .
           His
           last
           instance
           to
           prove
           him
           perjured
           was
           ;
           
             that
             he
             deposed
             the
             Defendant
             had
             Conference
             with
             Gerard
             in
             the
             garden
             ,
             &
             after
             that
             ,
             returning
             to
             the
             Councell
             told
             them
             ,
             they
             must
             deliver
             up
             all
             their
             Armes
             ;
             &c.
          
           when
           as
           
             Capt.
             Bagnall
          
           was
           not
           in
           the
           garden
           ;
           Ergo
           ,
           he
           could
           not
           swear
           he
           had
           conference
           with
           him
           there
           .
           To
           which
           was
           answered
           ;
           First
           ,
           that
           
             Capt.
             Bagnall
          
           swore
           expresly
           ,
           that
           he
           saw
           him
           go
           in
           ,
           and
           come
           out
           of
           the
           Garden
           ,
           and
           that
           there
           was
           a
           window
           in
           the
           roome
           where
           he
           was
           that
           looked
           into
           the
           garden
           ,
           through
           which
           he
           saw
           him
           confer
           with
           Gerrard
           :
           therefore
           his
           being
           not
           in
           the
           Garden
           is
           no
           proof
           that
           he
           saw
           him
           not
           confer
           with
           him
           in
           the
           Garden
           .
           Secondly
           ,
           admit
           he
           saw
           him
           not
           there
           with
           Gerard
           ,
           yet
           divers
           others
           saw
           him
           confer
           with
           him
           ,
           and
           himself
           confesseth
           he
           did
           so
           ,
           and
           that
           in
           the
           presence
           of
           the
           Mayor
           and
           divers
           others
           :
           how
           then
           can
           it
           be
           perjury
           to
           sweare
           that
           which
           so
           many
           saw
           ,
           and
           himself
           confesseth
           to
           be
           a
           truth
           ?
           Thirdly
           ,
           Col.
           Strood
           deposeth
           the
           very
           same
           Captain
           Bagnall
           doth
           ,
           without
           any
           exception
           taken
           to
           it
           :
           therefore
           the
           one
           can
           be
           as
           little
           perjured
           as
           the
           other
           .
           In
           fine
           ,
           Mr.
           Prynne
           informed
           the
           Defendant
           ,
           that
           since
           he
           thus
           laboured
           very
           maliciously
           and
           unworthily
           to
           impeach
           the
           truth
           and
           Testimony
           of
           his
           indifferent
           honest
           witnesse
           ,
           he
           would
           by
           way
           of
           requitall
           inform
           the
           Councell
           and
           him
           ,
           of
           some
           palpable
           contradictions
           or
           oversights
           in
           the
           Defendants
           chiefe
           witnesses
           ,
           which
           else
           he
           would
           have
           concealed
           .
        
         
           First
           his
           universall
           chiefe
           witnesse
           ,
           
             Lieutenant
             Clifton
          
           ,
           confessed
           yesterday
           
           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
           3.
           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
           9.
           of
           the
           clock
           ;
           whereas
           Captain
           and
           
             Lieutenant
             Husbands
          
           both
           expresly
           depose
           ,
           that
           no
           Canon
           were
           brought
           in
           till
           two
           of
           the
           clock
           at
           least
           ;
           which
           they
           were
           certaine
           of
           ,
           because
           there
           could
           no
           Canon
           be
           brought
           in
           but
           by
           the
           Fort
           wherein
           they
           stood
           .
        
         
           Thirdly
           ,
           Lieutenant
           Husbands
           deposed
           ,
           that
           the
           Horse
           entred
           the
           Line
           within
           one
           houre
           after
           the
           Foot
           first
           entred
           ;
           and
           upon
           crosse
           demands
           he
           attested
           ,
           
           
           that
           the
           Foot
           entred
           before
           sun-rising
           about
           4.
           of
           the
           clock
           ,
           and
           the
           Horse
           not
           till
           6.
           or
           7.
           which
           is
           two
           or
           three
           houres
           at
           least
           ;
           yea
           
             Captain
             Nevill
          
           with
           other
           of
           his
           owne
           witnesses
           attested
           ,
           the
           Horse
           entred
           not
           till
           7.
           or
           after
           .
        
         
           Fourthly
           ,
           
             Major
             Holmes
          
           deposed
           :
           that
           he
           voted
           at
           the
           Councell
           of
           War
           against
           a
           Parley
           ;
           and
           being
           demanded
           the
           reason
           ;
           he
           answered
           ,
           It
           was
           because
           he
           thought
           the
           Town
           to
           be
           in
           as
           good
           condition
           in
           Glocestershire
           side
           ,
           as
           he
           left
           it
           in
           Somersetside
           where
           his
           charge
           was
           :
           Which
           could
           not
           be
           ,
           for
           the
           Enemie
           had
           made
           no
           entry
           on
           that
           side
           ,
           as
           they
           had
           done
           in
           this
           .
           Besides
           ,
           he
           deposed
           he
           was
           in
           the
           Sally
           which
           was
           beaten
           back
           :
           therefore
           the
           Parly
           was
           concluded
           on
           before
           the
           Sally
           made
           ,
           as
           
             Colonell
             Strode
          
           expresly
           deposed
           ;
           though
           the
           Defendants
           witnesses
           and
           Major
           Holmes
           denyed
           it
           ;
           or
           else
           this
           could
           not
           be
           the
           reason
           of
           his
           vote
           against
           a
           Parlcy
           ;
           for
           after
           the
           Sally
           beaten
           in
           ,
           he
           must
           needs
           know
           they
           were
           in
           worse
           condition
           on
           Glocestershire
           side
           ,
           then
           in
           Somerset
           ,
           where
           the
           enemy
           never
           entred
           .
        
         
           
             Captain
             Bagnall
          
           thus
           cleared
           in
           all
           particulars
           ;
           was
           bafiled
           unsufferably
           by
           the
           Defendant
           himself
           before
           the
           Councell
           ,
           and
           by
           his
           witnesses
           assoon
           as
           the
           Councell
           was
           risen
           ,
           some
           of
           them
           giving
           him
           the
           lye
           in
           the
           Councell
           chamber
           ,
           others
           challenging
           him
           ,
           others
           menacing
           him
           ,
           in
           such
           sort
           ,
           that
           Mr
           Prynne
           complayning
           of
           these
           insufferable
           abuses
           to
           the
           Councell
           ,
           it
           was
           ordered
           to
           exhibit
           Articles
           of
           complaint
           in
           Captaine
           Bagnalls
           name
           against
           those
           who
           challenged
           and
           gave
           him
           the
           lye
           ;
           which
           he
           did
           accordingly
           .
        
         
           
             
               
                 
                   The
                   Testimony
                   of
                   Captain
                   Henry
                   Loyde
                   .
                
                 
                   I
                   
                     Henry
                     Loyde
                  
                   ,
                   
                   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
                       60.
                       barrells
                       .
                    
                     
                       Porke
                       10.
                       barrells
                       .
                    
                     
                       12.
                       
                       Fat
                       Oxen
                       ready
                       to
                       be
                       killed
                       .
                    
                     
                       20.
                       
                       Leaner
                       Oxen
                       which
                       would
                       serve
                       .
                    
                     
                       6
                       Milke
                       Kine
                       .
                    
                     
                       Hay
                       for
                       tvvo
                       moneths
                       .
                    
                     
                       Coales
                       for
                       a
                       yeare
                       .
                    
                     
                       Cheese
                       and
                       Butter
                       good
                       store
                       .
                    
                     
                       Sixteene
                       Butts
                       of
                       Sacke
                       .
                    
                     
                       Good
                       store
                       of
                       Tobacco
                       .
                    
                  
                
                 
                   Which
                   victuall
                   and
                   Ammunition
                   which
                   was
                   in
                   the
                   Castle
                   ,
                   with
                   the
                   men
                   belonging
                   to
                   the
                   Garrison
                   ,
                   having
                   the
                   Forts
                   in
                   our
                   possession
                   ,
                   it
                   was
                   not
                   possible
                   for
                   the
                   enemy
                   to
                   gaine
                   the
                   City
                   if
                   we
                   had
                   fought
                   it
                   out
                   ;
                   the
                   Castle
                   being
                   so
                   fortified
                   with
                   Out-workes
                   ,
                   and
                   the
                   City
                   not
                   entred
                   ,
                   but
                   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
                   ,
                   
                     
                       50.
                       
                       *
                       
                         Barrells
                         of
                         Povvder
                      
                       (
                       he
                       saith
                       not
                       ,
                       and
                       no
                       more
                       )
                    
                     
                       1400
                       vveight
                       of
                       Match
                       .
                    
                     
                       Halfe
                       a
                       Tun
                       of
                       Musket
                       bullets
                       ready
                       made
                       .
                    
                     
                       50
                       *
                       Great
                       Granadoes
                       .
                    
                     
                       500.
                       
                       Canon
                       shot
                       for
                       the
                       peeces
                       on
                       the
                       vvhite
                       Tovver
                       ,
                       
                         besides
                         other
                         shot
                      
                       .
                    
                  
                
                 
                   55.
                   
                   
                     Peeces
                     of
                     Canon
                     in
                     the
                     City
                     and
                     Castle
                     ,
                  
                   mounted
                   (
                   besides
                   sir
                   
                     Francis
                     Pophams
                  
                   Gunnes
                   and
                   some
                   peeces
                   unmounted
                   .
                   )
                   I
                   do
                   likewise
                   further
                   declare
                   ,
                   that
                   I
                   have
                   often
                   heard
                   Col.
                   
                     Nathaniell
                     Fiennes
                  
                   say
                   ,
                   That
                   he
                   would
                   defend
                   the
                   Castle
                   ,
                   and
                   keepe
                   the
                   City
                   and
                   Castle
                   to
                   the
                   utmost
                   ;
                   that
                   his
                   Flag
                   of
                   Truce
                   should
                   be
                   his
                   Winding-sheet
                   :
                   and
                   that
                   he
                   commanded
                   me
                   to
                   lay
                   aside
                   a
                   reserve
                   of
                   thirty
                   barrells
                   of
                   powder
                   ,
                   with
                   shot
                   and
                   match
                   proportionable
                   ,
                   in
                   the
                   said
                   Castle
                   ,
                   which
                   I
                   did
                   .
                
                 
                   
                     Henry
                     Hassard
                     .
                  
                
              
            
          
        
         
           
             
               
                 
                   He
                   likewise
                   confessed
                   to
                   Mr.
                   Prynne
                   ,
                   Captain
                   Birch
                   ,
                   and
                   others
                   ,
                   that
                   Col.
                   Fiennes
                   charged
                   him
                   to
                   give
                   him
                   notice
                   ,
                   when
                   all
                   the
                   Ammunition
                   ,
                   but
                   this
                   reserve
                   of
                   30.
                   
                   Barrells
                   was
                   spent
                   ,
                   for
                   that
                   he
                   would
                   then
                   treat
                   with
                   the
                   enemy
                   ,
                   but
                   not
                   before
                   ;
                   that
                   they
                   had
                   a
                   Match-maker
                   ,
                   a
                   Bullet-maker
                   in
                   the
                   Castle
                   ,
                   and
                   store
                   of
                   materialls
                   ,
                   Lead
                   ,
                   and
                   Tinne
                   to
                   make
                   Match
                   and
                   Bullet
                   ,
                   as
                   fast
                   as
                   they
                   needed
                   them
                   .
                   That
                   after
                   the
                   enemy
                   had
                   entred
                   the
                   Line
                   of
                   Communication
                   
                   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
                     
                       17th
                       .
                       of
                       October
                       1643.
                       
                    
                  
                
              
            
          
        
         
           
             
               
                 
                   The
                   Deposition
                   of
                   Mr.
                   Talboyes
                   Gent.
                   
                
                 
                   The
                   summe
                   of
                   his
                   testimony
                   was
                   this
                   ;
                   that
                   a
                   neighbour
                   of
                   his
                   being
                   fined
                   40.
                   l.
                   by
                   Colonell
                   
                     Nathaniell
                     Fiennes
                  
                   Governour
                   of
                   Bristoll
                   for
                   Delinquency
                   ,
                   and
                   imprisoned
                   till
                   he
                   should
                   pay
                   this
                   Fyne
                   ,
                   
                   did
                   thereupon
                   pay
                   downe
                   all
                   but
                   18.
                   l.
                   which
                   he
                   could
                   not
                   presently
                   procure
                   ;
                   whereupon
                   he
                   desired
                   the
                   Deponent
                   to
                   move
                   the
                   Governour
                   to
                   respite
                   the
                   payment
                   of
                   this
                   summe
                   till
                   St.
                   James
                   tide
                   ,
                   and
                   then
                   it
                   should
                   be
                   paid
                   in
                   ;
                   which
                   the
                   Deponent
                   did
                   accordingly
                   ,
                   presuming
                   he
                   should
                   have
                   obtained
                   this
                   courtesie
                   for
                   his
                   Neighbour
                   ,
                   but
                   Colonell
                   Fiennes
                   answered
                   him
                   ,
                   
                     I
                     must
                     have
                     all
                     the
                     money
                     presently
                     ,
                     for
                     I
                     knovv
                     not
                     vvhere
                     I
                     shall
                     be
                     at
                     St.
                     Iames
                     tide
                  
                   ;
                   to
                   which
                   the
                   Deponent
                   then
                   replyed
                   ,
                   He
                   hoped
                   he
                   would
                   be
                   then
                   in
                   Bristoll
                   ;
                   who
                   answered
                   ,
                   
                     He
                     did
                     not
                     knovv
                     vvhether
                     hee
                     should
                     or
                     not
                     .
                  
                   Whereupon
                   the
                   Deponent
                   presently
                   apprehending
                   the
                   said
                   Governour
                   had
                   a
                   resolution
                   to
                   deliver
                   up
                   ,
                   and
                   not
                   keepe
                   the
                   Towne
                   against
                   the
                   enemy
                   ,
                   thought
                   it
                   not
                   safe
                   to
                   remaine
                   therein
                   ,
                   and
                   thereupon
                   removed
                   thence
                   to
                   London
                   ;
                   and
                   the
                   very
                   next
                   day
                   after
                   St.
                   James
                   day
                   ,
                   viz.
                   26.
                   
                   July
                   ,
                   1643.
                   he
                   surrendred
                   the
                   city
                   and
                   castle
                   to
                   the
                   enemy
                   .
                
              
            
          
        
         
           
             
               
                 
                   The
                   Deposition
                   of
                   Serjeant
                   William
                   Hill.
                   
                
                 
                   I
                   doe
                   hereby
                   testifie
                   and
                   declare
                   my
                   knowledge
                   concerning
                   the
                   surrender
                   of
                   the
                   city
                   and
                   castle
                   of
                   Bristoll
                   ,
                   
                   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
                   13th
                   of
                   Novem.
                   1643.
                   
                
                 
                   
                     William
                     Hill.
                     
                  
                
              
            
          
        
         
           
             
               
                 
                   The
                   Deposition
                   of
                   Serjeant
                   Anthony
                   Gale.
                   
                
                 
                   1
                   
                     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
                   26th
                   .
                   when
                   the
                   enemy
                   entred
                   the
                   Line
                   between
                   Pryors
                   Hill
                   Fort
                   and
                   Wind-mill
                   Hill
                   Fort
                   ,
                   I
                   was
                   upon
                   the
                   Line
                   between
                   the
                   said
                   two
                   Forts
                   ,
                   and
                   that
                   when
                   the
                   enemy
                   came
                   upon
                   the
                   said
                   worke
                   where
                   he
                   made
                   the
                   breach
                   ,
                   there
                   entred
                   not
                   above
                   100.
                   men
                   (
                   as
                   I
                   conceived
                   )
                   at
                   the
                   first
                   ,
                   I
                   my selfe
                   offered
                   to
                   venture
                   my selfe
                   to
                   make
                   up
                   the
                   said
                   breach
                   ,
                   but
                   Langrishes
                   horse
                   being
                   there
                   to
                   defend
                   that
                   place
                   ,
                   would
                   not
                   fall
                   on
                   ,
                   although
                   they
                   were
                   called
                   upon
                   ,
                   for
                   that
                   purpose
                   ;
                   Langrish
                   himselfe
                   (
                   as
                   was
                   said
                   )
                   being
                   gone
                   into
                   
                   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.
                       9.
                       1643.
                       
                    
                  
                
              
            
          
        
         
           
             
               
                 
                   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
                   150.
                   (
                   as
                   he
                   guessed
                   )
                   had
                   entred
                   the
                   Line
                   ,
                   and
                   were
                   sitting
                   together
                   by
                   the
                   Red
                   Lodge
                   ;
                   who
                   gave
                   fire
                   upon
                   this
                   Deponent
                   as
                   soone
                   as
                   they
                   saw
                   him
                   ;
                   but
                   this
                   Deponent
                   hastened
                   away
                   towards
                   the
                   Line
                   ,
                   and
                   could
                   not
                   perceive
                   that
                   any
                   more
                   had
                   entred
                   ;
                   whereupon
                   this
                   Deponent
                   went
                   to
                   the
                   Governour
                   
                     Nathaniell
                     Fiennes
                  
                   ,
                   acquainting
                   him
                   how
                   few
                   there
                   were
                   of
                   the
                   enemy
                   that
                   had
                   entred
                   ,
                   what
                   strength
                   of
                   our
                   defendants
                   were
                   at
                   the
                   Line
                   ,
                   and
                   how
                   desirous
                   they
                   were
                   to
                   fall
                   upon
                   those
                   which
                   were
                   entred
                   ,
                   and
                   to
                   make
                   up
                   the
                   breach
                   ;
                   the
                   Governour
                   charged
                   this
                   Deponent
                   upon
                   paine
                   of
                   death
                   ,
                   that
                   the
                   souldiers
                   should
                   not
                   fall
                   upon
                   the
                   enemy
                   ,
                   but
                   draw
                   off
                   from
                   the
                   Line
                   ,
                   and
                   come
                   into
                   the
                   Town
                   ;
                   whereupon
                   this
                   Deponent
                   desiring
                   to
                   know
                   the
                   Reasons
                   ,
                   why
                   he
                   would
                   not
                   suffer
                   them
                   to
                   fall
                   upon
                   the
                   enemies
                   entred
                   ;
                   
                   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
                   150.
                   of
                   them
                   who
                   entred
                   at
                   the
                   first
                   ,
                   and
                   the
                   Enemies
                   Horse
                   stood
                   in
                   a
                   body
                   without
                   the
                   Line
                   ,
                   and
                   offered
                   not
                   to
                   enter
                   and
                   second
                   them
                   ,
                   but
                   gave
                   them
                   (
                   
                     as
                     this
                     Deponent
                     conceiveth
                  
                   )
                   ,
                   for
                   lost
                   men
                   for
                   almost
                   tvvo
                   houres
                   together
                   ,
                   and
                   then
                   at
                   last
                   the
                   said
                   horse
                   entred
                   .
                   
                     He
                     further
                     saith
                  
                   ,
                   that
                   the
                   first
                   nevves
                   they
                   heard
                   of
                   an
                   agreement
                   made
                   to
                   surrender
                   the
                   Tovvn
                   and
                   Castle
                   ,
                   vvas
                   from
                   the
                   Enemies
                   ,
                   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
                   3.
                   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
                   200.
                   women
                   of
                   the
                   said
                   City
                   ,
                   whereof
                   this
                   Deponent
                   was
                   one
                   ,
                   who
                   went
                   to
                   Colonell
                   
                     Iohn
                     Fiennes
                  
                   ,
                   begging
                   of
                   him
                   that
                   he
                   would
                   be
                   a
                   meanes
                   that
                   the
                   City
                   and
                   Castle
                   might
                   not
                   be
                   yeelded
                   to
                   the
                   Enemy
                   ,
                   
                     offering
                     themselves
                     to
                     Worke
                     in
                     the
                     Fortifications
                     in
                     the
                     very
                     face
                     of
                     the
                     Enemy
                     ,
                     and
                     to
                     go
                     themselves
                     and
                     their
                     children
                     ,
                     into
                     the
                     mouth
                     of
                     the
                     Canon
                     to
                     dead
                     and
                     keepe
                     off
                     the
                     shot
                     from
                     the
                     Souldiers
                     :
                  
                   and
                   the
                   said
                   
                     Iohn
                     Fiennes
                  
                   answered
                   them
                   ,
                   *
                   
                     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
                   15.
                   or
                   16.
                   foote
                   thick
                   )
                   the
                   Treaty
                   was
                   in
                   agitation
                   and
                   concluded
                   upon
                   ,
                   to
                   their
                   great
                   griefe
                   .
                   I
                   further
                   affirme
                   upon
                   Oath
                   that
                   I
                   saw
                   a
                   large
                   broad
                   Dray
                   ,
                   heavie
                   laden
                   with
                   roles
                   of
                   Match
                   ,
                   the
                   same
                   morning
                   the
                   Parly
                   was
                   ,
                   drawne
                   into
                   the
                   Castle
                   by
                   three
                   or
                   foure
                   Horses
                   .
                   This
                   I
                   testifie
                   upon
                   Oath
                   ,
                   the
                   14th
                   .
                   day
                   of
                   November
                   1643.
                   
                   In
                   witnesse
                   whereof
                   I
                   have
                   here
                   set
                   to
                   my
                   hand
                   .
                
                 
                   
                     Ione
                     Batten
                     .
                  
                
              
            
          
        
         
           
             
               
                 
                   The
                   further
                   Deposition
                   of
                   Ione
                   Batten
                   touching
                   the
                   surrender
                   of
                   Bristoll
                   .
                
                 
                   I
                   
                     Jone
                     Batten
                  
                   late
                   Inhabitant
                   of
                   Bristoll
                   ,
                   
                   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
                   200.
                   men
                   ,
                   and
                   Armes
                   ,
                   with
                   such
                   Powder
                   as
                   the
                   Major
                   formerly
                   hath
                   deposed
                   ;
                   that
                   the
                   Hedges
                   about
                   the
                   City
                   were
                   not
                   cut
                   downe
                   ,
                   whereby
                   the
                   enemies
                   were
                   very
                   much
                   sheltered
                   ,
                   and
                   the
                   Garrison
                   annoyed
                   .
                   That
                   he
                   was
                   Gunner
                   in
                   the
                   Sconce
                   neere
                   Alderman
                   Iones
                   his
                   House
                   ,
                   where
                   the
                   enemies
                   were
                   repulsed
                   with
                   great
                   losse
                   ,
                   the
                   twenty
                   sixth
                   of
                   Iuly
                   in
                   the
                   morning
                   when
                   they
                   stormed
                   it
                   ;
                   that
                   some
                   few
                   of
                   them
                   entring
                   the
                   Line
                   in
                   one
                   place
                   ,
                   all
                   the
                   souldiers
                   on
                   the
                   Line
                   on
                   that
                   part
                   ,
                   and
                   in
                   the
                   sconce
                   where
                   he
                   was
                   ,
                   
                   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
                   ,
                   19.
                   of
                   Decemb.
                   1643.
                   
                
                 
                   
                     Anthony
                     Nicoll
                     .
                  
                
              
            
          
        
         
           The
           Testimonies
           of
           some
           witnesses
           under
           their
           hands
           ,
           who
           were
           dispersed
           into
           such
           places
           as
           we
           could
           not
           well
           finde
           them
           at
           the
           Tryall
           ,
           and
           were
           not
           used
           in
           evidence
           ,
           by
           reason
           of
           absence
           .
        
         
           
             
               
                 
                   The
                   Testimony
                   of
                   Captain
                   Councell
                   .
                
                 
                   I
                   Captain
                   Councell
                   do
                   affirme
                   upon
                   Oath
                   that
                   the
                   Castle
                   of
                   Bristoll
                   was
                   very
                   strongly
                   Fortified
                   ,
                   and
                   that
                   I
                   verily
                   beleeve
                   we
                   might
                   have
                   defended
                   it
                   three
                   moneths
                   at
                   least
                   ,
                   And
                   that
                   when
                   the
                   Enemies
                   entred
                   the
                   Line
                   of
                   Communication
                   (
                   there
                   not
                   being
                   above
                   200.
                   of
                   them
                   entred
                   ,
                   as
                   this
                   Deponent
                   beleeveth
                   ,
                   )
                   The
                   Common
                   Souldiers
                   said
                   ,
                   that
                   if
                   the
                   Governour
                   would
                   give
                   them
                   leave
                   ,
                   they
                   made
                   no
                   doubt
                   but
                   to
                   beate
                   them
                   out
                   againe
                   ;
                   and
                   were
                   discontented
                   they
                   had
                   not
                   leave
                   given
                   them
                   .
                
                 
                   
                     Captain
                     Councell
                     .
                  
                
              
            
          
        
         
           
             
               
                 
                   The
                   Deposition
                   of
                   Thomas
                   Taylor
                   ,
                   Lieutenant
                   to
                   Serjeant
                   Major
                   Wood
                   ,
                   touching
                   the
                   surrender
                   of
                   Bristoll
                   .
                
                 
                   This
                   Deponent
                   saith
                   upon
                   his
                   Corporall
                   Oath
                   ,
                   that
                   he
                   was
                   a
                   Lieutenant
                   under
                   
                     Major
                     Wood
                  
                   ,
                   when
                   the
                   City
                   and
                   Castle
                   of
                   Bristoll
                   was
                   lately
                   besieged
                   
                   by
                   Prince
                   Rupers
                   ;
                   Colonell
                   
                     Nathaniel
                     Fiennes
                  
                   being
                   then
                   Governour
                   thereof
                   .
                   That
                   on
                   Wednesday
                   the
                   26.
                   of
                   Iuly
                   last
                   ,
                   the
                   Enemie
                   giving
                   a
                   generall
                   storme
                   and
                   assault
                   to
                   the
                   Out-workes
                   of
                   the
                   said
                   City
                   ,
                   were
                   valiantly
                   repulsed
                   by
                   the
                   Garrison
                   Souldiers
                   with
                   great
                   losse
                   and
                   slaughter
                   to
                   them
                   ,
                   and
                   the
                   losse
                   of
                   not
                   above
                   5.
                   or
                   6.
                   of
                   our
                   men
                   onely
                   :
                   about
                   200.
                   of
                   the
                   Enemies
                   as
                   was
                   generally
                   reported
                   and
                   no
                   more
                   ,
                   entred
                   the
                   Line
                   neere
                   the
                   Colledge
                   greene
                   ,
                   whereupon
                   our
                   men
                   were
                   by
                   the
                   Governours
                   direction
                   commanded
                   off
                   the
                   Line
                   ,
                   and
                   particularly
                   those
                   of
                   our
                   Regiment
                   were
                   by
                   Order
                   drawne
                   into
                   the
                   Castle
                   ,
                   whether
                   this
                   Deponent
                   came
                   about
                   an
                   houre
                   and
                   a
                   halfe
                   after
                   the
                   Enemies
                   entring
                   the
                   Line
                   ;
                   where
                   finding
                   a
                   great
                   company
                   of
                   men
                   ,
                   women
                   ,
                   and
                   children
                   ,
                   of
                   meane
                   condition
                   in
                   appearance
                   ;
                   this
                   Deponent
                   betooke
                   himselfe
                   to
                   the
                   top
                   of
                   the
                   Castle
                   ,
                   where
                   he
                   viewed
                   that
                   side
                   of
                   the
                   Workes
                   where
                   the
                   Enemy
                   entred
                   ,
                   but
                   in
                   two
                   houres
                   space
                   of
                   his
                   continuance
                   there
                   ,
                   he
                   could
                   not
                   perceive
                   one
                   Enemy
                   more
                   to
                   enter
                   ,
                   neither
                   indeed
                   was
                   there
                   any
                   probability
                   they
                   should
                   ,
                   having
                   so
                   sharpe
                   a
                   repulse
                   upon
                   their
                   desperate
                   assault
                   ,
                   that
                   morning
                   every
                   where
                   ,
                   at
                   Priors
                   Fort
                   and
                   Brandon
                   hill
                   Fort
                   ;
                   the
                   multitude
                   of
                   their
                   slaine
                   men
                   in
                   the
                   Trenches
                   and
                   neere
                   those
                   Forts
                   ,
                   caused
                   them
                   to
                   quit
                   the
                   places
                   in
                   great
                   disorder
                   ,
                   and
                   to
                   flye
                   and
                   disperse
                   themselves
                   as
                   this
                   Deponent
                   then
                   well
                   perceived
                   ,
                   who
                   afterward
                   could
                   discerne
                   no
                   Enemies
                   between
                   that
                   and
                   the
                   Windmill
                   Fort
                   ,
                   having
                   received
                   such
                   hot
                   entertainment
                   from
                   our
                   Souldiers
                   all
                   along
                   those
                   Workes
                   .
                   And
                   when
                   this
                   Deponent
                   first
                   ascended
                   the
                   Castle
                   Wall
                   ,
                   he
                   perceived
                   about
                   300
                   ,
                   of
                   the
                   Enemies
                   Horse
                   marching
                   off
                   ,
                   a
                   mile
                   as
                   he
                   conceived
                   ,
                   from
                   the
                   Works
                   :
                   whereupon
                   divers
                   of
                   the
                   Souldiers
                   were
                   very
                   desirous
                   to
                   return
                   to
                   the
                   Line
                   from
                   whence
                   they
                   were
                   called
                   ,
                   and
                   one
                   whom
                   this
                   Deponent
                   supposed
                   to
                   be
                   an
                   Officer
                   ,
                   being
                   below
                   in
                   the
                   Green
                   ,
                   exclaimed
                   against
                   us
                   on
                   the
                   Wall
                   ,
                   because
                   we
                   went
                   not
                   againe
                   to
                   the
                   Line
                   ;
                   further
                   crying
                   upon
                   this
                   Deponents
                   demands
                   ,
                   that
                   he
                   had
                   a
                   Command
                   for
                   that
                   purpose
                   ;
                   whereupon
                   this
                   Deponent
                   applyed
                   himselfe
                   to
                   the
                   Governour
                   Colonell
                   
                     Nathaniel
                     Fiennes
                  
                   ,
                   whom
                   he
                   met
                   at
                   the
                   Castle
                   gate
                   ,
                   and
                   acquainted
                   him
                   therewith
                   ,
                   which
                   he
                   then
                   contradicted
                   ,
                   commanding
                   this
                   Deponent
                   not
                   to
                   stir
                   without
                   Order
                   from
                   himselfe
                   ,
                   or
                   his
                   superior
                   Officers
                   ,
                   which
                   this
                   Deponent
                   obeying
                   ,
                   had
                   no
                   further
                   notice
                   of
                   any
                   thing
                   ,
                   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
                   9.
                   of
                   the
                   clock
                   the
                   next
                   morning
                   ;
                   and
                   going
                   about
                   8.
                   of
                   the
                   clock
                   to
                   the
                   Castle
                   that
                   morning
                   for
                   his
                   cloak-bag
                   and
                   cloathes
                   ,
                   he
                   found
                   the
                   gates
                   thereof
                   shut
                   ,
                   and
                   no
                   admittance
                   ,
                   but
                   immediately
                   after
                   he
                   pressing
                   into
                   the
                   Castle
                   upon
                   the
                   opening
                   of
                   the
                   wicket
                   ,
                   found
                   Colonell
                   
                     Iohn
                     Fiennes
                  
                   with
                   some
                   of
                   his
                   Troopers
                   ,
                   and
                   many
                   of
                   our
                   Foot
                   Souldiers
                   there
                   ;
                   but
                   the
                   Keyes
                   of
                   the
                   Castle
                   ,
                   contrary
                   to
                   the
                   Articles
                   of
                   agreement
                   ,
                   were
                   in
                   the
                   custody
                   of
                   one
                   of
                   the
                   Kings
                   Commanders
                   ,
                   who
                   assisted
                   with
                   3.
                   or
                   4.
                   more
                   ,
                   would
                   suffer
                   none
                   of
                   our
                   men
                   to
                   passe
                   in
                   or
                   out
                   ,
                   but
                   when
                   they
                   pleased
                   ;
                   beating
                   and
                   abusing
                   many
                   of
                   our
                   Souldiers
                   ,
                   and
                   dis-arming
                   most
                   of
                   our
                   Officers
                   and
                   Troopers
                   
                   there
                   ,
                   contrary
                   to
                   our
                   conditions
                   ;
                   where
                   we
                   were
                   detained
                   by
                   an
                   Inconsiderable
                   number
                   ,
                   till
                   3.
                   of
                   the
                   clock
                   that
                   day
                   ;
                   many
                   affronts
                   being
                   offered
                   unto
                   us
                   in
                   the
                   interim
                   ,
                   the
                   Governour
                   of
                   the
                   Castle
                   ,
                   and
                   Colonell
                   
                     Iohn
                     Fiennes
                  
                   being
                   gone
                   away
                   long
                   before
                   ;
                   and
                   whilst
                   we
                   were
                   thus
                   detained
                   by
                   the
                   Enemies
                   in
                   the
                   Castle
                   ,
                   notice
                   was
                   given
                   us
                   of
                   the
                   many
                   injuries
                   and
                   violences
                   offered
                   to
                   our
                   Commanders
                   ,
                   Officers
                   ,
                   and
                   Souldiers
                   in
                   the
                   Town
                   ,
                   so
                   as
                   this
                   Deponent
                   and
                   his
                   Major
                   ,
                   were
                   constrayned
                   to
                   procure
                   one
                   of
                   the
                   Kings
                   Officers
                   to
                   guard
                   them
                   to
                   their
                   lodgings
                   at
                   the
                   Gillards
                   Inne
                   ,
                   from
                   whence
                   after
                   6.
                   of
                   the
                   clock
                   by
                   favour
                   of
                   one
                   of
                   the
                   Kings
                   Captains
                   ,
                   they
                   were
                   conveyed
                   towards
                   Bathe
                   ,
                   and
                   as
                   this
                   Deponent
                   passed
                   the
                   Suburbs
                   ,
                   he
                   met
                   divers
                   Common
                   Souldiers
                   of
                   his
                   own
                   and
                   other
                   Companies
                   ,
                   who
                   seemed
                   fully
                   resolved
                   to
                   march
                   away
                   with
                   the
                   Governour
                   in
                   the
                   morning
                   ,
                   that
                   had
                   listed
                   themselves
                   in
                   the
                   Enemies
                   Service
                   upon
                   no
                   other
                   ground
                   (
                   as
                   this
                   Deponent
                   conceiveth
                   )
                   but
                   that
                   no
                   care
                   was
                   taken
                   by
                   the
                   said
                   Governour
                   for
                   their
                   security
                   ,
                   and
                   provision
                   ,
                   or
                   to
                   see
                   the
                   Articles
                   of
                   Agreement
                   performed
                   .
                   And
                   this
                   Deponent
                   further
                   saith
                   ,
                   that
                   when
                   the
                   said
                   Town
                   and
                   Castle
                   were
                   surrendred
                   ,
                   there
                   was
                   neither
                   want
                   of
                   Victuall
                   nor
                   Ammunition
                   ,
                   nor
                   Souldiers
                   to
                   defend
                   the
                   same
                   ;
                   and
                   that
                   the
                   Enemy
                   to
                   his
                   knowledge
                   had
                   taken
                   none
                   of
                   their
                   Forts
                   ,
                   nor
                   made
                   any
                   breach
                   into
                   ,
                   nor
                   battery
                   against
                   the
                   Walls
                   of
                   the
                   sayd
                   City
                   or
                   Castle
                   ,
                   and
                   that
                   the
                   said
                   Castle
                   was
                   then
                   well
                   fortified
                   and
                   provided
                   to
                   hold
                   out
                   a
                   Siege
                   ;
                   and
                   all
                   the
                   Canons
                   ,
                   Ammunition
                   ,
                   Armes
                   ,
                   Prisoners
                   ,
                   Victualls
                   ,
                   Colours
                   ,
                   were
                   resigned
                   up
                   to
                   the
                   Enemy
                   by
                   the
                   said
                   Governour
                   .
                
                 
                   
                     Thomas
                     Taylor
                     .
                  
                
              
            
          
        
         
           
             
               
                 
                   The
                   Deposition
                   of
                   Ieremy
                   Holway
                   ,
                   of
                   the
                   City
                   of
                   Bristoll
                   Mercer
                   ,
                   concerning
                   the
                   losing
                   of
                   Bristoll
                   ,
                   taken
                   before
                   the
                   Lord
                   Mayor
                   of
                   London
                   upon
                   Oath
                   .
                   16.
                   
                   Decemb.
                   1643.
                   
                
                 
                   The
                   26.
                   
                   of
                   Iuly
                   1643.
                   
                   I
                   was
                   at
                   the
                   Brest-work
                   ,
                   nigh
                   the
                   place
                   where
                   the
                   breach
                   was
                   made
                   ,
                   and
                   did
                   see
                   those
                   Souldiers
                   that
                   did
                   enter
                   ,
                   being
                   not
                   two
                   hundred
                   as
                   I
                   did
                   conceive
                   :
                   upon
                   the
                   entry
                   the
                   Souldiers
                   that
                   were
                   there
                   placed
                   to
                   keep
                   the
                   Works
                   ,
                   did
                   run
                   from
                   the
                   Workes
                   ,
                   and
                   some
                   Horse
                   did
                   the
                   like
                   ;
                   whereby
                   the
                   Enemy
                   made
                   their
                   entrance
                   without
                   much
                   opposition
                   ;
                   but
                   after
                   their
                   entring
                   the
                   Works
                   ,
                   they
                   being
                   not
                   (
                   as
                   I
                   said
                   before
                   )
                   two
                   hundred
                   ,
                   there
                   was
                   no
                   meanes
                   used
                   to
                   take
                   the
                   Enemie
                   before
                   expressed
                   ,
                   and
                   to
                   make
                   good
                   our
                   Workes
                   againe
                   ;
                   but
                   we
                   were
                   within
                   one
                   houre
                   after
                   the
                   entry
                   of
                   the
                   Enemy
                   ,
                   commanded
                   by
                   Lieutenant
                   Colonell
                   Clifton
                   to
                   come
                   off
                   the
                   Workes
                   :
                   these
                   were
                   his
                   words
                   :
                   
                     The
                     Governour
                     doth
                     Command
                     every
                     man
                     upon
                     paine
                     of
                     death
                     ,
                     to
                     come
                     off
                     the
                     Workes
                     ,
                     and
                     to
                     march
                     under
                     their
                     severall
                     Colours
                     and
                     Commanders
                     in
                     at
                     New-gate
                     .
                  
                   Whereupon
                   I
                   said
                   ,
                   but
                   that
                   Colonell
                   Fiennes
                   was
                   an
                   honest
                   man
                   ,
                   other
                   wayes
                   ,
                   I
                   should
                   think
                   we
                   were
                   betrayed
                   :
                   this
                   I
                   know
                   ,
                   that
                   if
                   there
                   had
                   been
                   men
                   drawn
                   off
                   the
                   Works
                   in
                   other
                   places
                   which
                   might
                   have
                   been
                   spared
                   ,
                   or
                   if
                   Captain
                   Stokes
                   men
                   ,
                   which
                   were
                   upon
                   no
                   service
                   ,
                   but
                   stayed
                   in
                   Town
                   ,
                   in
                   S.
                   Iames
                   Church-yard
                   ,
                   as
                   he
                   told
                   me
                   himself
                   ,
                   made
                   use
                   of
                   ,
                   the
                   
                   Enemy
                   in
                   all
                   probability
                   had
                   been
                   taken
                   ,
                   and
                   our
                   Works
                   for
                   that
                   time
                   made
                   good
                   ,
                   but
                   there
                   being
                   no
                   meanes
                   used
                   ,
                   as
                   I
                   said
                   before
                   ;
                   by
                   this
                   meanes
                   they
                   came
                   to
                   possesse
                   the
                   Suburbs
                   of
                   the
                   City
                   ,
                   and
                   then
                   it
                   was
                   hard
                   for
                   us
                   to
                   resist
                   them
                   long
                   .
                
                 
                   
                     Ieremy
                     Holway
                     .
                  
                
              
            
          
        
         
           
             
               
                 
                   The
                   Testimony
                   of
                   Samuel
                   Wood.
                   
                
                 
                   I
                   
                     Samuel
                     Wood
                  
                   being
                   a
                   Souldier
                   in
                   Sir
                   
                     Edward
                     Hungerfoords
                  
                   Regiment
                   ,
                   do
                   say
                   and
                   Testifie
                   ,
                   that
                   part
                   of
                   the
                   said
                   Regiment
                   was
                   put
                   to
                   keepe
                   Ratcliffe-gate
                   ,
                   and
                   that
                   there
                   was
                   no
                   probability
                   of
                   the
                   Enemies
                   taking
                   of
                   the
                   Town
                   by
                   force
                   of
                   Armes
                   ;
                   And
                   do
                   further
                   say
                   and
                   attest
                   ,
                   That
                   Colonell
                   
                     Nathaniel
                     Fiennes
                  
                   sounded
                   a
                   Parly
                   with
                   Prince
                   Rupert
                   ,
                   and
                   sent
                   a
                   strict
                   command
                   to
                   the
                   the
                   Souldiers
                   to
                   forbeare
                   firing
                   upon
                   the
                   Enemy
                   upon
                   paine
                   of
                   death
                   ,
                   unto
                   which
                   the
                   Souldiers
                   replyed
                   ,
                   that
                   they
                   would
                   fight
                   it
                   out
                   till
                   the
                   last
                   man
                   ,
                   and
                   were
                   discontented
                   at
                   the
                   Parly
                   and
                   surrender
                   .
                
                 
                   
                     Samuel
                     Wood.
                     
                  
                
              
            
          
        
         
           
             If
             in
             the
          
           *
           
             mouth
             of
             two
             or
             three
             Witnesses
             onely
             ,
             (
             as
             the
             Scripture
             and
             our
             Saviour
             Christ
             resolves
             )
             every
             vvord
             shall
             be
             established
          
           ;
           then
           certainely
           our
           Articles
           of
           Impeachment
           proved
           by
           such
           a
           *
           
             cloud
             of
             Witnesses
          
           ,
           and
           sundry
           others
           not
           examined
           ,
           (
           ready
           to
           depose
           all
           the
           premises
           and
           more
           if
           need
           be
           )
           must
           for
           ever
           satisfie
           the
           deluded
           World
           ;
           and
           silence
           the
           Defendants
           Tongue
           ,
           Pen
           ,
           which
           have
           been
           formerly
           so
           extravagantly
           fruitfull
           in
           mis-relations
           both
           of
           his
           Surrender
           ,
           Triall
           ,
           Judgement
           ,
           *
           
             to
             revive
             ,
             re-establish
             ,
             cleare
             ,
             his
             decayed
             Honour
             and
             Integrity
             ,
          
           which
           have
           been
           more
           impaired
           ,
           then
           repaired
           by
           all
           his
           fabulous
           Apologies
           .
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A91306-e300
           
             In
             his
             Check
             to
             the
             Checker
             .
          
           
             See
             here
             p.
             118
             
          
        
         
           Notes for div A91306-e1040
           
             When
             so
             many
             joyntly
             Petition
             both
             Houses
             for
             undelayed
             Iustice
             against
             grand
             Delinquents
             .
          
        
         
           Notes for div A91306-e1840
           
             *
             Page
             13.
             
          
           
             *
             By
             Mr.
             Sprig
             Mr.
             Beck
             ,
             and
             others
             .
          
           
             *
             The
             head
             quarter
             was
             then
             at
             Windsor
             ,
             but
             his
             Excellency
             with
             most
             of
             his
             officers
             ,
             forces
             in
             London
             .
          
           
             *
             To
             wit
             ,
             that
             in
             p.
             5.
             at
             the
             Colonels
             own
             intreaty
             .
          
           
             Wee
             read
             in
             Scripture
             that
             among
             the
             Iewes
             ,
             the
             Iudges
             sate
             openly
             in
             the
             City
             gates
             ,
             the
             most
             publike
             place
             of
             all
             .
          
           
             *
             Stat.
             Merton
             20.
             
             H.
             3.
             c.
             9.
             
          
           
             *
             Iohn
             3.
             19
             ,
             20.
             
          
           
             a
             See
             p.
             7.
             and
             his
             Letter
             to
             his
             Excellency
             
          
           
             b
             See
             his
             own
             Relation
             ,
             p.
             8.
             
          
           
             †
             Page
             9.
             and
             his
             Letter
             to
             his
             Excellency
             
          
           
             *
             Relation
             p
             9.
             his
             Letter
             to
             his
             Excellency
             ,
             and
             Reply
             to
             Mr
             Walker
             .
          
           
             *
             Mercurius
             Anlicus
             ,
             Aug.
             7.
             p.
             421.
             422.
             
          
           
             a
             Procured
             by
             himselfe
             ;
             The
             Order
             was
             ,
             
               to
               send
               Col.
               Essex
               up
               if
               C.
            
             Fiennes
             
               saw
               cause
            
             :
             who
             being
             desirous
             of
             his
             place
             resolved
             to
             see
             cause
             .
          
           
             b
             Hee
             names
             none
             in
             particular
             ,
             and
             many
             of
             the
             Gentlemen
             ,
             disclaime
             this
             consultation
             and
             advice
             .
          
           
             c
             Essex
             undertooke
             to
             make
             good
             the
             City
             and
             Castle
             to
             the
             Parliament
             ,
             when
             hee
             was
             removed
             by
             Fiennes
             ;
             if
             he
             never
             undertook
             the
             like
             ,
             then
             its
             cleare
             be
             removed
             him
             to
             the
             end
             the
             King
             might
             the
             easier
             gaine
             it
             .
          
           
             d
             It
             s
             strang
             a
             man
             should
             undertake
             the
             charge
             of
             that
             he
             never
             undertook
             to
             make
             good
             .
          
           
             e
             Why
             then
             did
             he
             remove
             Essex
             who
             was
             of
             a
             contrary
             opinion
             ?
             why
             did
             he
             fortifie
             and
             ammunition
             the
             City
             to
             the
             Kingdomes
             and
             Countreys
             vaste
             expence
             ?
             Why
             did
             he
             undertake
             the
             custody
             of
             it
             ,
             if
             it
             must
             certainly
             fall
             into
             the
             Enemies
             hand
             ?
          
           
             f
             Ergo
             ,
             He
             usurped
             the
             Government
             of
             Bristoll
             with
             this
             intent
             ,
             to
             surrender
             it
             up
             to
             the
             King
             ,
             without
             either
             the
             Parliaments
             or
             his
             Excellencies
             previous
             consents
             ;
             and
             in
             plaine
             termes
             ,
             not
             to
             keep
             but
             betray
             it
             to
             the
             Enemy
             .
          
           
             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
             9000
             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
             2300
             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
             11
             ,
             or
             12
             ,
             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
             70
             French
             barrels
             of
             powder
             ,
             which
             make
             140.
             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
             20
             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
             ?
          
           
             10.
             
          
           
             *
             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
             4.
             and
             5.
             evasions
             
          
           
             
               Mr
               Prynnes
            
             Answers
             to
             them
             .
          
           
             Col.
             Fiennes
             
               sixth
               evasion
            
             .
          
           
             My
             Prynnes
             Reply
             .
          
           
             Evasion
             7.
             
          
           
             The
             Reply
             thereto
             .
          
           
             Evasion
             8.
             
             The
             Reply
             thereto
             .
          
           
             a
             A
             full
             Relation
             ,
             p.
             4.
             5.
             6.
             
          
           
             Evasion
             9.
             
          
           
             The
             Reply
             thereto
             .
          
           
             Evasion
             11.
             
          
           
             The
             Reply
             thereto
             .
          
           
             a
             Littleton
             ,
             sect
             .
             378.
             379.
             
             See
             Cookes
             
               Institutes
               on
               it
            
             ,
             fol
             ,
             232
             ,
             233.
             234.
             
          
           
             Evasion
             12.
             
          
           
             Evasion
             13.
             
          
           
             The
             Reply
             .
          
           
             Object
             .
             1.
             
          
           
             Object
             .
             2.
             
          
           
             Object
             .
             3.
             
          
           
             Answ
             .
             4.
             
          
           
             Answer
             2.
             
          
           
             Answer
             3.
             
          
           
             *
             Mr
             Powell
             ,
             Col.
             Stroode
             ,
             Col.
             Stephens
             ,
             Mr
             Hassard
             ,
             Capt.
             Bagnall
             .
          
           
             Nota.
             
          
           
             2.
             
          
           
             *
             
               See
               the
               depositions
               of
               col
            
             .
             Strode
             ,
             Col.
             Stephens
             ,
             Captain
             Bagnall
             ,
             Mr
             Powell
             ,
             Mr
             Cowling
             ,
             Major
             Wood
             ,
             Richard
             Linpon
             ,
             Ed
             Watlin
             ,
             Mr
             Hassard
             .
          
           
             2.
             
          
           
             3.
             
          
           
             *
             Reply
             to
             Mr
             Wallers
             Relation
             .
          
           
             *
             Ioan
             Battin
             ,
             Wil.
             White-horne
             ,
             Serjeant
             Gale
             ,
             Captaine
             Bagnall
             ,
             Tho.
             Munday
             .
          
           
             *
             Capt.
             Bagnall
             
          
           
             Major
             Wood
             ,
             Wil.
             White-horne
             .
          
           
             Serieant
             Gale
             ,
             Ioan
             Battin
             ,
             Mrs
             Hassard
             ,
             Thomas
             Munday
             ,
             Serieant
             Gale.
             
          
           
             Maior
             Wood
             ,
             Col.
             Stroode
             ,
             and
             others
             .
          
           
             Richard
             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
             1.
             
          
           
             Answer
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             *
             Page
             11.
             
          
           
             Allegation
             2
             
          
           
             Answer
             :
          
           
             Matth.
             12.
             30.
             
          
           
             Allegation
             3
             
          
           
             *
             Page
             9.
             
          
           
             Answer
             1.
             
          
           
             *
             
               See
               the
            
             Doom
             of
             Trechery
             and
             Cowardize
             .
          
           
             2.
             
          
           
             *
             Col.
             Stevens
             ,
             Arthur
             williams
             ,
             Abel
             Kelly
             ,
             Maior
             Wood
             ,
             and
             others
             .
          
           
             *
             Relation
             p.
             7
             
          
           
             *
             Page
             6.
             hee
             writes
             he
             raised
             about
             1000
             or
             1110
             men
             ,
             and
             procured
             as
             many
             Arms
             within
             5
             dayes
             ,
             which
             added
             to
             his
             former
             Garrison
             of
             900
             makes
             2000
             foote
             ,
             besides
             those
             that
             came
             from
             Malmesbury
             and
             his
             horse
             .
             And
             p.
             11.
             hee
             writes
             ,
             hee
             thought
             to
             have
             saved
             a
             body
             of
             300
             horse
             ,
             and
             1500
             foot
             to
             the
             State
             by
             the
             surrender
             :
             Ergo
             he
             had
             so
             many
             ,
             besides
             Citizens
             and
             others
             that
             would
             stay
             behinde
             .
          
           
             2.
             
          
           
             *
             Psal
             .
             27.
             14.
             
             Ps
             .
             37.
             7.
             
             Ps
             .
             62.
             5.
             
             Ps
             .
             123.
             2.
             
             Iob
             13.
             15.
             
             Ps
             .
             62.
             8.
             
             Prov.
             3.
             5.
             
             Isay
             26.
             4.
             
             Isa
             .
             50.
             10.
             
          
           
             a
             Ephes
             .
             3.
             20.
             
          
           
             3.
             
          
           
             *
             See
             Mr
             Dornyes
             Relation
             of
             that
             siege
             p.
             1.
             
          
           
             Allegat
             .
             4.
             
          
           
             Answer
             .
          
           
             a
             Rev.
             21.
             8.
             
          
           
             b
             Deut.
             10.
             1.
             8
             
             Iudg.
             7.
             1.
             2.
             3.
             
             Isay
             51.
             12.
             13.
             
             Matth.
             10.
             26.
             28.
             
          
           
             *
             See
             here
             ,
             p.
             25.
             26.
             
          
           
             Allegation
             5
             
          
           
             Object
             .
             1.
             
          
           
             Answ
             .
             1.
             2.
             
          
           
             2.
             
          
           
             3.
             
          
           
             4.
             
          
           
             See
             Mary
             Smith
             ,
             Ethelred
             Huddy
             ,
             Ioane
             Battin
             ,
             Ioseph
             Proud
             ,
             Mich.
             Sparke
             ,
             Nich.
             Collins
             .
          
           
             Object
             .
             2.
             
          
           
             Answ
             .
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             Object
             .
             3.
             
          
           
             Answer
             :
          
           
             *
             
               Attested
               by
            
             Nicholas
             Collins
             and
             Mich.
             Spark
             Senior
             .
          
           
             †
             See
             
               Serieant
               Hills
            
             Deposition
             .
          
           
             *
             See
             
               Nich.
               Collins
            
             testimony
             .
          
           
             Argum.
             1.
             
          
           
             Answ
             .
             1.
             
          
           
             a
             Matth.
             14.
             28.
             to
             32.
             
          
           
             b
             Matth.
             26.
             33.
             34.
             35.
             
             Ioh.
             13.
             37.
             38.
             
          
           
             c
             Matth.
             26.
             
             Mart
             14.
             
             Luk.
             2●
             .
             Iohn
             18.
             
          
           
             a
             See
             the
             Depositions
             of
             Col.
             
               Stroude
               ,
               11.
               
               Powell
            
             ,
             Captaine
             Bagnall
             ,
             Mr
             Hassard
             and
             others
             .
          
           
             b
             See
             the
             full
             Declaration
             ,
             &c.
             p.
             4.
             5.
             
          
           
             Argum.
             2.
             
          
           
             Answ
             .
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             c
             Hence
             as
             Plutarch
             (
             writes
             the
             Spartians
             would
             not
             wall
             about
             their
             City
             ,
             placing
             their
             safety
             in
             their
             Armes
             ,
             not
             walls
             .
             )
          
           
             4.
             
          
           
             5.
             
          
           
             Argum.
             3.
             
          
           
             Answer
             1.
             
          
           
             2.
             
          
           
             Argum.
             4.
             
          
           
             Answer
             1.
             
          
           
             Argum.
             5.
             
          
           
             See
             the
             Relation
             ,
             p.
             9.
             
          
           
             d
             9.
             
             E.
             4.
             35
             b.
             12.
             
             H.
             8.
             16.
             b.
             Br
             Trespas
             406.
             
             Dyer
             36.
             b.
             
          
           
             e
             Attested
             by
             Col.
             Popham
             and
             others
             .
          
           
             *
             Ioan
             Battin
             ,
             Mrs
             Hassard
             .
          
           
             3.
             
          
           
             4.
             
          
           
             5.
             
          
           
             6.
             
          
           
             *
             Iames
             Powell
             ,
             Abel
             Kelley
             ,
             William
             Deane
             ,
             Mrs
             Hassard
             ,
             
               and
               others
            
             .
          
           
             7.
             
          
           
             *
             It
             himselfe
             or
             some
             of
             his
             had
             been
             Governours
             of
             it
             .
          
           
             Argum.
             6.
             
          
           
             Answer
             .
          
           
             Argum.
             7.
             
          
           
             Answer
             1.
             
          
           
             *
             See
             Col.
             Stroodes
             Deposition
             .
             his
             Letter
             to
             his
             Excellency
             ,
             and
             Remonstrance
             
          
           
             a
             Col.
             Stroods
             Deposit
             ,
             confirmed
             by
             Sir
             
               Iohn
               Horners
            
             testimony
             .
          
           
             b
             Relations
             p.
             9
             
          
           
             c
             See
             both
             their
             Depositions
             .
          
           
             d
             See
             Maior
             Dowets
             testimony
             .
          
           
             e
             See
             the
             
               Doom
               of
               Cowardize
            
             .
          
           
             Argum.
             8.
             
          
           
             Answer
             .
          
           
             f
             See
             the
             Depositions
             of
             
               Ione
               Battin
            
             and
             Mrs
             Hassard
             .
          
           
             Argum.
             9.
             
          
           
             *
             
               See
               his
               Letter
               to
               his
               Excellency
               ,
            
             p.
             3.
             10.
             called
             a
             Counceil
             of
             warre
             ,
             and
             proposed
             to
             them
             our
             condition
             ,
             and
             besides
             laid
             open
             unto
             them
             our
             small
             store
             of
             Ammunition
             ,
             &c.
             
          
           
             Answer
             .
          
           
             *
             Iames
             Powell
             ,
             Col.
             Strood
             ,
             Capt.
             Bagnall
             ,
             Abel
             Kelley
             .
          
           
             a
             Cap.
             Bagnal
             William
             Deane
             .
             Will.
             Whithorn
             .
          
           
             Cap.
             Bagnall
             .
          
           
             Major
             Wood.
             Wil.
             Whithorn
             .
          
           
             *
             See
             his
             Letter
             ,
             p.
             3.
             
          
           
             Iames
             Powell
             Mr
             Hassard
             .
             Cap.
             Bagnall
             .
             Col.
             Strood
             .
          
           
             See
             the
             Articles
             of
             surrender
             .
          
           
             Major
             Allen.
             
          
           
             Mr
             Baynton
             .
          
           
             Major
             Wo●d
             ,
             Mr
             Powel
             ,
             Captain
             Bagnall
             .
          
           
             b
             See
             the
             Tragedy
             of
             Bristol
             .
             p.
             2.
             3.
             5.
             6.
             
          
           
             Captain
             Husbands
             ,
             Rich.
             Winston
             .
          
           
             Major
             Wood.
             
          
           
             a
             Page
             11.
             
          
           
             Mr
             Browne
             ,
             Mr
             Pury
             .
          
           
             b
             See
             his
             
               Relation
               ,
               p.
            
             9.
             10
             ,
             11.
             
          
           
             Object
             .
             2.
             
          
           
             Answer
             .
          
           
             *
             Mr
             Samuel
             Brown.
             
          
           
             a
             Page
             .
             13.
             
          
           
             b
             
               See
               p.
            
             8.
             9.
             10.
             11.
             
             &
             Letter
             to
             his
             Excellency
             ,
             p.
             3.
             4.
             
             &c.
             
          
           
             †
             Yea
             ,
             himself
             by
             the
             way
             told
             Mr
             Powell
             and
             others
             ,
             he
             would
             not
             come
             to
             London
             ,
             but
             passe
             into
             France
             to
             avoyd
             the
             shame
             of
             this
             action
             .
          
           
             *
             Mr
             Hodges
             ,
             and
             Mr
             Whetcomb
             ,
             can
             attest
             this
             .
          
           
             Argum.
             10.
             
          
           
             *
             See
             his
             Relation
             p.
             9.
             10.
             and
             his
             Letter
             to
             his
             Excellency
             .
          
           
             Answer
             .
          
           
             Object
             .
          
           
             Answer
             .
          
           
             Object
             .
          
           
             Answer
             .
          
           
             Mr
             Talboye●
             
          
           
             Nota.
             
          
           
             Answ
             .
             2.
             
          
           
             *
             See
             his
             Relation
             p.
             12.
             
          
           
             Lime
             hath
             done
             the
             like
             for
             sixe
             weeks
             space
             .
          
           
             Answer
             3.
             
             Ione
             Battin
             ,
             Arth.
             Williams
             ,
             Maior
             Wood.
             
          
           
             Page
             9.
             10.
             
          
           
             Answer
             4.
             
          
           
             *
             See
             his
             Relation
             ,
             p.
             11.
             
             Letter
             ,
             p.
             3.
             4.
             
          
           
             *
             Luke
             17.
             33.
             
             Matth.
             16.
             25.
             
          
           
             Iohn
             11.
             50.
             
          
           
             Mr.
             Powel
             ,
             Mr.
             Hassard
             ,
             Capt.
             Bagnall
             .
          
           
             *
             Iohn
             10.
             11.
             
          
           
             What
             shall
             be
             judged
             utmost
             extremity
             to
             excuse
             a
             Governour
             ,
             and
             what
             not
             ,
             &c.
             
          
           
             *
             See
             the
             Doome
             of
             Cowardize
             &
             Treachery
             .
          
           
             Object
             .
          
           
             Answer
             .
          
           
             *
             Page
             1.
             
          
           
             2
             King.
             19.
             35.
             
             Isa
             .
             37.
             36.
             37.
             
          
           
             2
             Kings
             7.
             
          
           
             2
             Chron.
             20.
             22
             23
             ,
             24
             ,
             25.
             
          
           
             a
             Acts
             23.
             13.
             14.
             
          
           
             9.
             
          
           
             Paradox
             1.
             
          
           
             Answ
             .
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             Paradox
             2.
             
          
           
             †
             He
             should
             have
             added
             Banbury
             and
             Oxford
             to
             the
             Catalogue
             .
          
           
             Answer
             .
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             4.
             
          
           
             5.
             
          
           
             a
             Iudges
             9.
             50.
             51.
             53.
             
          
           
             *
             Eccles
             .
             9.
             11.
             
          
           
             b
             Letter
             to
             his
             Excellency
             ,
             p.
             4.
             
             Relation
             ,
             9.
             
          
           
             c
             Livi.
             Rom.
             Hist
             .
             l.
             9.
             
          
           
             *
             See
             Graftons
             Chron.
             p.
             211.
             212.
             213.
             
          
           
             a
             Yea
             Houden
             Annal.
             pars
             prior
             p.
             461.
             stiles
             it
             
               Castrum
               fortissimum
            
             in
             William
             Rufus
             his
             reign
             .
          
           
             6.
             
          
           
             7.
             
          
           
             Paradox
             3.
             
          
           
             Answ
             .
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             4.
             
          
           
             *
             See
             his
             Relation
             pag.
             13.
             
          
           
             *
             See
             Grimstons
             History
             of
             the
             Netherlands
             p.
             827
             ,
             828.
             
          
           
             *
             7.
             
             R.
             2.
             num
             .
             38
             ,
             40.
             
          
           
             *
             Walsingham
             hist
             .
             Angl.
             p.
             327
             to
             330.
             
             Holinshed
             .
             Speed.
             Grafton
             in
             an
             .
             6
             Rich.
             2.
             
          
           
             Answer
             1.
             
          
           
             Reply
             :
          
           
             Answer
             2.
             
          
           
             Reply
             .
          
           
             Answer
             3.
             
          
           
             Reply
             .
          
           
             Calumny
             1.
             
          
           
             Answer
             1.
             
          
           
             2.
             
          
           
             *
             Waising
             .
             hist
             .
             Angl.
             p.
             337.
             
             See
             56.
             
             E.
             3.
             n.
             23
             
          
           
             Calumny
             2.
             
          
           
             Answer
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             Calumny
             3.
             
             Nota.
             
          
           
             Answer
             .
          
           
             *
             The
             King
             himselfe
             cannot
             pardon
             a
             common
             nusans
             nor
             an
             offence
             or
             iniury
             against
             the
             Common-wealth
             without
             the
             Parliament
             ;
             nor
             any
             offe●ce
             where
             any
             private
             person
             shall
             have
             a
             particular
             interest
             ,
             as
             our
             Law-books
             resolve
             .
          
           
             *
             See
             Obiection
             7.
             in
             the
             Check
             .
          
           
             a
             See
             his
             Commentary
             on
             his
             pretended
             Pardon
             .
          
           
             The
             Prologue
             to
             all
             the
             well-affected
             Partie
             ,
             and
             Quere's
             .
          
           
             Argum.
             1.
             
          
           
             Answer
             .
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             4.
             
          
           
             5.
             
          
           
             Argum.
             2.
             
          
           
             Answer
             1.
             
          
           
             2.
             
          
           
             a
             Belgica
             Hist
             .
             Vniversalis
             l.
             13
             p.
             402.
             403.
             404.
             
          
           
             b
             Pag.
             827.
             828.
             
          
           
             c
             See
             here
             ,
             p.
             21.
             
          
           
             a
             See
             the
             close
             of
             his
             Pardon
             .
          
        
         
           Notes for div A91306-e33520
           
             *
             Artic.
             7.
             
          
           
             *
             Artic.
             4.
             6.
             
             Yet
             he
             prints
             in
             his
             Relation
             p.
             9.
             that
             Mr.
             Stephens
             the
             deponent
             was
             present
             at
             a
             Counsell
             of
             Warre
             which
             consented
             to
             a
             Parly
             .
          
           
             Artic.
             4.
             6.
             
          
           
             *
             Artic.
             8.
             
          
           
             *
             Article
             4.
             6.
             
          
           
             Nota.
             
          
           
             *
             Article
             .
          
           
             Artic.
             9.
             
          
           
             Artic.
             9.
             
             This
             was
             the
             Defendants
             chief
             Officer
             and
             witnesse
             ,
             of
             whose
             judgement
             you
             have
             here
             a
             tast
             .
          
           
             Artic.
             7.
             
          
           
             *
             Artic.
             4
             ,
             5
             ,
             6
             ,
             7
             ,
             8.
             
          
           
             Artic.
             4
             ,
             5
             ,
             6
             ,
             8.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             *
             Which
             were
             all
             surrendred
             .
          
           
             *
             This
             Sir
             Iohn
             himself
             confessed
             on
             his
             Oath
             before
             the
             Councell
             .
             Nota.
             
          
           
             Artic
             ,
             4.
             6.
             8.
             
          
           
             Artic.
             3
             ,
             4
             ,
             5
             ,
             6
             ,
             8.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Article
             7.
             
          
           
             Nota.
             
          
           
             *
             This
             Deposition
             came
             in
             onely
             occasionally
             ,
             by
             reason
             of
             the
             Defendants
             fals
             Allegation
             ,
             that
             we
             had
             been
             tampering
             with
             witnesses
             ,
             whereof
             himselfe
             was
             onely
             guilty
             .
          
           
             *
             Master
             Sprigge
             the
             Lord
             Sayes
             Secretary
             ,
             who
             confessed
             the
             words
             .
          
           
             Artic.
             1.
             2.
             3.
             4.
             5.
             6.
             8.
             
          
           
             Nota.
             
          
           
             *
             Nota.
             
          
           
             *
             Never
             imployed
             either
             to
             repulse
             the
             enemy
             at
             the
             line
             ,
             nor
             in
             the
             sally
             .
          
           
             *
             Nota.
             
          
           
             *
             He
             meanes
             a
             publike
             one
             .
          
           
             *
             But
             8
             ,
             or
             9.
             
          
           
             Nota.
             
          
           
             Artic.
             4.
             6
             ,
             7.
             
          
           
             Artic.
             4.
             6
             ,
             8.
             
          
           
             Mr.
             Hassard
             .
          
           
             *
             Maior
             Wood
             deposeth
             hee
             confessed
             there
             were
             70.
             
             
               Arth.
               Williams
            
             that
             there
             were
             60.
             
             &
             Cap.
             Bushell
             found
             there
             70
             double
             Barrels
             
          
           
             *
             
               Richard
               Butler
            
             deposeth
             ,
             140.
             
             Granadoes
             not
             one
             of
             them
             used
             .
          
           
             Article
             6.
             7.
             8.
             
          
           
             Nota.
             
          
           
             Article
             7.
             
          
           
             Artic
             4.
             6.
             7.
             8.
             
          
           
             Nota.
             
          
           
             Artic.
             4
             ,
             5
             ,
             6
             ,
             7
             ,
             8.
             
          
           
             Nota.
             
          
           
             Artic.
             4
             ,
             5
             ,
             6.
             &c.
             
          
           
             Note
             this
             discreet
             reason
             .
          
           
             Artic.
             3.
             4.
             5.
             6.
             8.
             
          
           
             Nota.
             
          
           
             Artic.
             3.
             4.
             6
             8.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Art.
             4.
             5.
             6
             ,
             7.
             8.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Art.
             4.
             7.
             8.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Art.
             3.
             4.
             5.
             6.
             8.
             
          
           
             Nota.
             
          
           
             Artic.
             4.
             6.
             8.
             
          
           
             Artic.
             4.
             6.
             8.
             
          
           
             
               Captaine
               Husbands
            
             attested
             the
             same
             ,
             that
             he
             had
             no
             notice
             nor
             Warrant
             from
             the
             Governour
             to
             surrender
             the
             Fort
             before
             he
             departed
             the
             Town
             .
          
           
             Article
             4.
             5.
             6.
             8.
             
          
           
             Nota.
             
          
           
             Article
             10.
             
          
           
             Nota.
             
          
           
             Article
             10.
             
          
           
             Article
             4.
             6.
             8.
             
          
           
             Nota.
             
          
           
             *
             Nota
             ,
             I
             doubt
             he
             will
             not
             make
             good
             the
             last
             part
             of
             his
             promise
             .
          
           
             Article
             10.
             
          
           
             Arti.
             4.
             6.
             8.
             10
             
          
           
             Artic.
             3.
             4.
             6.
             8
             
          
           
             Artic.
             4.
             5.
             6.
             
          
           
             Art.
             4.
             6.
             8.
             10.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Nota.
             
          
           
             Art.
             4.
             6.
             8.
             
          
           
             Nota
             
          
           
             Artic.
             10.
             
          
           
             Art.
             4.
             6.
             8.
             10.
             
          
           
             Artic.
             4.
             5.
             6.
             
          
           
             *
             Deut.
             16.
             6.
             
             Mat.
             18.
             16.
             
          
           
             *
             Heb.
             12.
             1.
             
          
           
             *
             See
             the
             Title
             of
             the
             Check
             to
             the
             Checker