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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

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in regard of the difficulties in making a retreate so as those thinges inpartially considered though they excuse not the Colonell a toto yet a tanto from transgressing against the Article of warre yet they do take off from the malignity and degree of the Crime And it seems a diviner Law had the greater influence upon the Colonels soul at that time then the Law of war he would not do so much evill that good might come thereof and he was loath to set up such a fire to the Kingdome and to light up the first Beacon of Desolation and Devastation to the countrey and I cannot but say this we stand now upon more advantageous ground and may now take a better prospect and have a clearer Lantskipt of the effects and consequences and inconveniences then hee could have at that time it being an easie thing to mistake the passage of Counsels and the fairest landing-places of Designes in Exigencies and Distractions of that Nature Though he did it not without advice of his Counsell of warre too And for the Article of warre it is the Summum Jus and no question but Lawes and Ordinances of warre have their Policy as well as Equity and there is an interpretative Justice which they admit off as in the case of the late pardon after sentence they are made and contrived by that power which hath an eye to his Supremacie in being able to dispense and qualifie the Justice of that Law which a These are to authori●e you to print for the use of the Army the Lawes and Ord●nances of Warre by me established ESSEX Novemb. 25. 1643. he makes himselfe for if the Letter did not admit of these saire and mercifull interpretations it were a killing Letter and we know this State hath bin long in debate concerning the giving way to the Justice of War or mercifull Law being almost afraid to admit of a Law so sharply pointed but that the necessity which is the supream Law called for it Argument VIII THE last Argument with me is the pardon from his Excellency which is not only an act of power and grace or illustration of the judgement and sentence and an honourable sheathing of the sword of Justice but it is rationall and argumentative and bottomed on certaine foundations and principles which I shall onely draw forth like arrowes out of their owne quiver and give them into your hands to levell as you please THE PARDON VVHereas Colonell Nathaniel Fiennes late Governour of the City of Bristoll hath been questioned before a Counsell of war held in St. Albans from the 14. day of December till the 23. of the said moneth 1643. by William Pryn and Clement Walker for the surrendring unto the Enemy the sayd City and Castle of Bristoll And whereas the sayd prosecutors themselves during the said triall have delcared that their meaning was not that the said Colonell had delivired up the said City by any premeditate malice or Intelligence with the Enemy And whereas the said Colonel hath bin cast by the said Counsell of war only according to the letter of the Article of the Lawes and Ordinandes of war because he the said Colonell hath not held the said City and Castle of Bristoll to extremity And whereas the said Colonell hath been condemned by the said Counsell for this offence c. In consideration of the premisses and of the excellent gifts and endowments wherewith it hath pleased God to enable the said Colonell for other employments in the service of this State and in regard of my own experience and confidence I have of the said Colonels Integrity and constant affection to the common cause of Religion Lawes and Liberty which he hath given full testimony of in sundry negotiations entrusted unto him by both Houses of Parlament and especially in that negotiation with the Kingdome of Scotland Anno Dom 1641. And in respect of his courage and valour shewed in divers services and in particuler in regard of the good testimony given to me by Sr. William Belfoor Leivtennant Generall of the horse in the behalfe of the valorous carriage of the said Colonell in Kainton feild riding up to the very Ordinance of the Enemy with and neere the said Sir William Belfoore I have by vertue of an Ordinance of both Houses of Parliament given and granted and by these presents I give and grant unto the said Colonell a free and full pardon of all manner of offences errours and oversights committed in the said surrender of the City and Castle of Bristoll discharging hereby the said Colonell from the-execution of the capitall punishment imprisonment restraint and likewise from all further impeachment and prosecution concerning the said surrender ESSEX Given under my hand and Seale the sixt of Jan. 1643 in London The Argumentative Principles of this Pardon FIrst that the prosecuters themselves during the said try all have declared that their meaning was not that the said Collonel had delivered up the said City by any premediate malice or intelligence with the enemy This acquits him from all umbrages of Treachery his Prosecutors it seemes declining any such charge 2 That the said Colonell hath been cast by the said Counsell of War only according to the Letter and Article of the Lawes and Ordinances of war This argues him only guilty of a disproportion of the Article and Letter of the Law to that ultimate and supream extremity which the iustice of War exacts 3 In regard of the excellent gifts and endowments wherewith it hath pleased God to enable the said Colonell In regard of my own experience and confidence I have of the said Colonels Integrity and constant affection to the common cause of Religion Laws Liberty Which he hath given full testimony of in sundry negotiations entrusted unto him by both Houses of Parliament And especially in that negotiation with the Kingdom of Scotland An. 1641. These are all seals and confirmations and honorable testimonies enough without any varnish in their plain and noble asseveration and attestatiou from a person of such eminent quality and trust in this state and Kingdom to reestate his reputation againe and his honour in our opinions and iudgements 4 Especially in that particular in regard of the good testimony given to me by Sir Wil. Balfoore Lievtenant Generall of the Horse in his behalfe the valorous cariage of the said Colonell in Keinton field riding up to the very Ordnance of the Enemy with and neer the said Sir William Balfoore This discharges our thoughts from all preiudices from all mistakes that some uniustly conceived concerning his rosolution he cannot be charged of cowardise who charged so valiantly and in the company and sight of so gallant a Commander as Sir Walliam Balfoore whose deserts in our publike cause hath raised him into an unquestionable testimony and in disputable reputation with us But more of this anon Having now given you a gener●ll and particular account and not concealed any thing which was
Argumentative powerfull upon my Judgement I shall now treat with some Objections and fairly dissolve those and I hope by that time others will be as well satisfied as my self Object 1 Why did Collonel Fiennes endeavour so earnestly the triall of himselfe why was he so busie a●d active for a day of Audience when he had made a sufficient Apology to the house of Commons of which he was a member and the House rested content with that Answ There were divers things printed which levelled at his Integrity and Reputation in the conduct of this businesse and the Malignants sought by all meanes to foment the rumours and increase the Calumnies on purpose to make divisions and ruptures amongst us and to draw us into sidings and parties as they well knew a prosecution of this nature would soon effect Colonell Fiennes being one of those interests and relatious as they knew him to be and without question such as these were branches and nerves of the late designes for division which we all know and though some of the well affected party might seeme to bear a share in the prosecutions yet I look upon them under a better notion as those that were unhappily put on by the Artifice and underworkings of others ayming through mistakes and prejudices too suddainly received at a publick service and this erroneous and misguided activity which as is said of zeale had been egood in a good thing had so anticipated and taken possession of the Judgments of many that the Colonell was put upon a necessity of cleering himself and bringing himself to a triall of this nature Obj. 2. But Col Fiennes did give out that he would make his Colours his winding sheete and that he would lay his bones there and dispute every inch of it Answ It is one thing what is spoken resolvedly and with a serious and perticular intendment another thing what is spoken for publik ends for animating and encouraging Souldiers for Souldiers and common people looks into their Commanders face as they look into their Almanack for weather and there they hope to foresee good or bad events and successe and he is not a wise Commander that hath clouds and ill weather in his countenance and at that time this Colonell did the like for as it was deposed at the Counsell of War the Gentlemen of the County and amongst them some of the Deputy Lievtenants deserted him giving the City for lost Yet in private where hee might be free with such a dangerous Consequence of generall discouragement he declared his Judgment that there was no hope of defending it against that force after Sir Wil. Waller had lost his whole Army and therein the strength of his Garrison this was the opinion of all the Gentlemen who left the Town after Sir Wil. Wallers defeat and their very departure at that juncture of time was a strong Argument Object 3. But there are rumours spread abroad as if there were some cowardise in the act of surrendring Answ I have sufficiently cleered this I hope by two Honourable testimonies of his Excellency and Sir William Balfoor to these there were many other unquestionable witnesses and some who were brought then by the Prosecutors themselves and Crosse examined that during the whole siege he carried himself vigilantly carefully and industriously and expressed such resolution and courage that he hazarded his own Person day and night in the places of greatest danger though I could here not onely remember these particulars but that of Keinton field where he charged with Sir William Balfoor and that Regiment they were in broke two Regiments of the Kings foot and he was one of the next to Sir William when they charged up to the very Ordnance of the enemy and killed the Canoneers as they lay under their carriages and to this I could remember that at Worcester when the forces being routed he and his Brother were the last Officers of Horse that came off the field and he with Colonell Brown Colonell of the Dragoons made good the Bridge with some Dragoons where they kept them from being all cut off Obje 4. But it is reported that he wanted neither men nor Ammunition to defend it against all the enemies power for three moneths together Answ We must know that it was proved at the Councell of Warre that their was but fiftie Barrells of Powder left and they had spent fiftie in two dayes fight before at Plimmouth they spent fortie Barrells in seven hours fight so as this proportion was not able to hold out for such a time and this is not fair to give such a large measure of time and such scant measure of Ammunition We may see how disproportionable reports may be when they are justly surveyed and for men there was not quarter enough for defending the Line of four or five miles in length and no reserve at all they must fight stand watch continually without relief Now how impossible it is to keep men in continuall dutie and with constant expence of Powder for three moneths together out of so inconsiderable a stock both of men and Powder they must judge who have been so good at multiplying and substracting in reports of this nature and are onely able to supply the defects of their own stories Obje 5. But it is further reported that at the entery into the Lyne there were but 150 men that entred and they staid there a long time before they were seconded and gave themselves all for deadmen and might easily have bin beaten out Answ It was deposed that they were two or 300 that entered none spake of lesse then two hundred being Washingtons whole Regiment and for giving themselves for dead men it was so farre from that as when the horse that were placed where they entred played the Jades would not charge for which Colonel Fiennes accused them before Captain Nevill could come thither from the place where he guarded with his horse there were so many entred and they had so much life as that they made his horse though he did his part like a valiant man fly to the Town Gate and four Companies of foot came off from the Line fearing the enemy would come upon their back and cut them of before they could recover the Town some of them for hast running over the Water at the Key besides the Gate of the Town And this was the first object that Colonell Fiennes met withall at the Gate whereunto he hasted upon the first advertisement of their entry Captain Nevill seeing their horse Regiments advanced to the breach before he was beaten of Object 6. It is reported that Colonell Fienues out of ambition displaced Colonell Essex and sent him up prisoner upon a pretended suspition onely to thrust himself into the place of Governour and yet denyed that Colonell Essex was Governour or that himself was Governour Answ Those reports are purposely spread abroad to the same end that all the rest Fortiter calumniare aliquid