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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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 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

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

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 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

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

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

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

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