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

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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
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
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 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 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 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