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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

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

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

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

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 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 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 undertook to the Parliament or my Lord Generall to 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 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 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 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 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 threats and desperate speeches given out by the Malignants although it so happened at that time that a considerable strength was drawne forth of the Town to

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 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

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 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

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