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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	lord_n	see_v	time_n	3,269	5	3.4669	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89875	A check to the checker of Britannicus: or, The honour and integrity of Collonel Fiennes, revived, re-estated, and cleared from certain prejudices and mistakes, occasioned by late mis-reports. The proceedings of the honourable Councell of War, according to the article of war justified. The pardon of his Excellencie the Lord Generall Essex asserted, and the grounds of it declared, and presented to the consideration of all. With certain considerable queries of publike concernement. Britannicus for his eminent service to this cause, Parliament, and kingdome, encouraged and vindicated from a late aspertion, in this occasion by a grose, seditious, and abusive pamphlet, called, a check.	Nedham, Marchamont, 1620-1678.	1644 (1644)	Wing N382; Thomason E34_18; ESTC R22954	18,456	36

haerebit some will be incensed as Colonell Essex and his friends and some will hereby be deceived to the prejudice of Colonell Fiennes who know not the truth herein and then the end aymed at is obtained The truth was thus Their was a Jealousy cast upon Colonell Essex at that time for holding correspondencie with Prince Rupert but Colonell Fiennes in his Letters did expresse that he hoped he might be cleer of any such intention although having received an Order from my Lord Generall to send him up to him he saw cause enough not to dare to disobey that Order finding how things were carried in the Town to the discontent of all the well affected partie of the Citie insomuch that they were leaving the Citie before he came thither And besides this the fears and jealousies were such and the complaints both from Bristol and here in Town so many that it is well known before ever Colonell Fiennes was thought of to be sent down thither it was resolved by my Lord Generall that Colonell Essex should be sent for away so soon as it might be done safelie and Master John Sedgwick the Minister now dead went to Windsor to my Lord Generall as is known to some who can witnesse it to be imployed down to Bristol upon that errand and therefore Colonell Essex hath no cause to be so stirred up against Colonell Fiennes for obeying my Lord Generall in that command which was resolved to be executed before he was thought of for it and it is also true that Colonell Essex had no Commission to be Governour nor Colonell Fiennes for the greatest part of the time and in that time he said he was not Governour no more then Colonell Essex neither had he a Commission untill two of Colonell Pophams Captains drew up their Companies against him in the streets and told him they would not obey him because he had not a Commission And after that mutiny a Commission was sent him and not before and he did acknowledge that after that time he had a Commission These things are urged and made use of withall sinister construction and amplification onely to cast odium upon Colonell Fiennes by deceiving others in not relating the things truely as they were spoken the times observed and distinguished Object 7. But is it not any diminution to the Parliament or Councell of Warre or Lord Generall that it is reported how he was cleered from the Attainder of Treachery or Cowardize and pardoned Answ No For first the Councell of War did not go at all upon the Articles of Treachery or Cowardize seeing them so farre from being proved that they were disproved and the Colonell was acquitted from the imputation and they proceeded onely upon the Letter of the Article of Warre as is apparant by the Sentence and Pardon for not holding it to the utmost extremity which could not have been done without burning it as was deposed by a Colonell of Noble qualitie and could not have been kept longer then two dayes And for he L. General it were a questionable presumption to say that he should have power to hang and not to pardon that he could onely kill and not save and so take of the Apicem or supremest of his power the flower and noblest prerogative of his Authoritie which Authoritie he sufficiently and cleerly draws forth from his Commission given him by Parliament and it is the honour of his Power to produce an extraordinarie act in such a pretious extremitie as it is the glory of a diviner power to act a miracle when no lesse will serve And having now weighed the proceedings of this Colonell at the Beam of the Article of Warre and then pardoning it is no other then a subordinate redemption and a salvation of a lower form and an act which the best I suppose do not grieve at And for the honourable House of Commons they never did refer the impeachment put in by the prosecutors to my Lord Generall as an accusation of theirs or their approving against Colonell Fiennes but for his Vindication against a slander upon his desire which appeared in this that that honourable Synod was moved at the impeachment put in and referred it to be considered of by a Committee whether it were not a breach of priviledge I remember now the case of the Atturney Herbert bringing in an impeachment against the five Members which was taken as a deep offence for we must not think that the doors of that high Court stand open to any extrajudicall or Forraign proceeding but onely to a Parliamentary to their own naturall and proper courses and wayes of tryall Obj. 8. But is it fit the execution of this sentence should be so slightly passed over will it not be an occasion of traducing a signall president and dangerous in these perillous times Answ No for extraordinaries are no presidents nor rules to any and the pardon is not beyond Col. Fiennes and further we must distinguish and weigh offences and not prosecute as if there were no difference nor degrees nor aggravations nor diminutions in crimes First it appears that this Gentleman could onely be touched by the Letter of the Article of War for not holding it to extremitie and even for that was acquitted too by the most ancient and experienced Souldiers he pleading that he thought it fitter to save the Citie of the Kingdom then to burn it which he must have done whereas the Parliament might take it again if so preserved and here we may remember something for illustration Let us look back at Exceter Were the works or the principall Rampier taken as at Bristoll was it besieged by 12000 Souldiers No Onely by a Sherif and a posse comitatus for a long time yet one of the strongest Cities in England as the Devonshire Gentlemen say nay further was it reduced to that extremitie in the Article was the Citie burnt to keep a strong work Fort or place in it what were the conditions upon which it was surrendred Let us look at Lincoln was the principall Rampier there entred Was the Walls of the Citie battered or the Walls of the Close a much stronger retreat then the old rotten Castle of Bristoll was not that Citie with the Ordnance Ammunition Victuall and prisoners left when no enemy was near it by twelve Miles and the enemy entered not into it till two dayes after Here was no Citie reduced to utmost extremitie no Citie burnt to keep the Close and now we see happily reduced into the Parliaments hands again and yet no impeachment nor sentence nor any signall president traduced So for Gainsborrough were either the works taken or forced and yet delivered upon composition and the Parliament now reposessed of it and yet no cowardice in these nor treachery it seems all these presidents were never thought signall the Gentlemen never questioned but still imployed nor do I name these in any obliquitie but to shew that we had Cities delivered and surrendred into the enemies hand

A CHECK To the Checker of BRITANNICUS OR The Honour and integrity of Collonel Fiennes Revived re-estated and cleared from certain prejudices and mistakes occasioned by late mis-reports The proceedings of the honourable Councell of War according to the Article of War justified The pardon of his Excellencie the Lord Generall Essex asserted and the grounds of it declared and presented to the consideration of all With certain considerable Queries of publike concernement BRITANNICVS for his eminent service to this Cause Parliament and Kingdome encouraged and vindicated from a late aspertion in this occasion by a grose seditious and malignant abusive Pamphlet called A Check London Printed by Andrew Coe 1644. To all the well affected party in the Kingdome RAther then a Gentleman should by his owne patience and modesty suffer his bloud to bee thus hunted to the last drop though for my own part I never saw his face yet having seen the transactions and prosecutions of his businesse I shall write not to contradict provoke contend with or exasperate the pen of any But to state the condition of a sentence and crime in this coniuncture of time when wee have so many and to publish the excellent iustice of that honourable Court of War in its commensurate proceedings according to the very letter and article of war and the candid power of the Generall and Supream of that Councell in remitting the sentence upon iust and honourable grounds as appears to him and appears to me but am sorry the designe of Malignants should so secretly and cunningly winde about the iudgment of some good men amongst us undiscerned and unobserved of them under the pretences of publicke service reioycing in the dark that they can put on our own party to prosecute one another triumphing to themselves that they can make us lop off our owne branches and act that upon our selves in their behalf which they themselves cannot do upon us But I here publish to the World this is the grand artifice and designe of the enemy abroad now at this time in this Kingdom working in secret to make us the sad and fatall instruments of undoing and destroying one another and dashing our selves against our selves But I hope wee shall discern and embrace one another to the destruction of their Stratagem Let us put on therefore as the elect of God bowels of mercies kindnesse forbearing one another and forgiving one another and above all put on charity which is the bond of perfectnes Col. 3. 12 13 14. EPHES. 4. 31 32. Let all bitternesse and wrath and anger and clamour and evill speaking be put away from you withall malice And be you kinde one to another tender hearted forgiving one another as God for Christs sake hath forgiven you IONAH 3. 10. 4. 1. And God repented of the evill that he said hee would doe unto them and he did it not But it displeased Ionah exceedingly and he was very angry ZACHARIAH 1. 15. For I was but a little displeased and they helped forward the affliction MATTHEW 18. 32 33. I forgave thee all that debt because thou desirest me Shouldst thou not also have had compassion on thy fellow servant as I had pitty on thee MATTHEW 6. 15. But if yee forgive not men their trespasses neither will your Father forgive your trespasses The names of those Gentlemen and Persons of Honour and quality who were witnesses in the transactions of the late triall and attested to their own particular truths Sir Will. Balfoore Lieutenant Col Cliffton Captain Rawlins Mr. Antho. Nicholes Mr. John Ash Sir Wil. Waller letter Sir Arthur Hazleriggs letter Major Homes Cap Lieutenant Nevell Cornet Hooker Sir John Horner Captain Tyson Ma●or Archibald Cap Sampson Cap. Taylor Lieutenant Col. Birch Cornet Langrishe Mr. Hodges Mr. Powel Col John Fines Captain Husbands Mr. Sam. Love John Tomes With divers others and some of the Prosecutors witnesses crosse examined Mr. Strood Cap. Vaughan Mr. Priskman A Check to the Checker of Britannicus OR The just Vindication c. IT is a rule in the best of Sciences That wee had not known sin but by the Law and it will hold good in subordinate offences and Civil Judicatories where there is not sometimes a positive guilt but an enormity or negative guilt a want of due proportion and Commensuration to the letter of the Law such is the constitution of this crime which is rather a crime against the Prerogative or Supremacie or Apicem of a Law than any disproportion or obliquity to the reason or equity of the Law and may more naturally be tearmed a providentiall misfortune an unsuccessefull Councell so as we had not taken it under any other notion had not a Law told us it was a sin a military transgression therefore we must needs distinguish here and state the offence for it is one thing to transgresse morally another thing to transgresse martially it is one thing to offend by industry by designe by treachery another thing to offend providentially unfortunately almost inevitably and certainly had there beene any such positive guilt in this noble Personage hee would not so fast have prosecuted his own Judgement but this is the excellent and impartiall Policy of Martiall Justice that it reaches adminima to the least errours to the Atomes of all proceedings and actious which is an exception from the common Maxime in all Laws but it selfe and it is not more honourable than safe that even mistakes and circumstances should be made Capitall because such a weight of Concernments turn often upon these Poles Therefore I shall only advise that wee argue him into no deeper a guilt than the Law hath done and that wee measure our own Judgments by that very Article which pronounced his and I shall desire only this that all that read me will as seriously and impartially consider the grounds and reasons of my result as I write both them and it I am far from writing an Apology for a Delinquent and as far from writing a Delinquencie on the reputation of a Just person I endeavour only at the right stating of a crime and the right stating of the Justice done upon that crime under a cleer notion to others as well as my selfe and though I shall be as early as the first at prosecuting a transgression against the publicke yet I would be the last at prosecuting a transgression beyond the publick or beyond it self and I hope we have so much Candour and Ingenuity on this side of Oxford as to make a difference of such as seek first to us for justice upon themselves and those upon whom wee ourselves seek first for Justice of those that offend against the letter and those that offend against the equity of the Law of those that erre by misfortune of those that erre by designe against those that make their fault greater by striving to commit the lesse and so go wrong in a mist of a Providentiall and inevitable exigency or extremity and for such kinde