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land_n lease_n tail_n tenant_n 2,001 5 10.2672 5 true
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A91306 A true and full relation of the prosecution, arraignment, tryall, and condemnation of Nathaniel Fiennes, late colonell and governor of the city and castle of Bristoll, before a councell of war held at Saint Albans during nine dayes space, in December, 1643. Touching his cowardly and traytorly surrendering of this city and castle, with all the canon, ammunition, arms, magazines, prisoners and colours therein to the enemy, in lesse then three whole dayes siege, before any outwork taken, or the least battery or assault agains the city or castle walls; to the ineffable losse, danger and prejudice of the whole kingdom. Set forth at the earnest desire of many persons of quality, to vindicate the verity of this much disguised action, prosecution, tryall, sentence, and some subsequent proceedings; ... / By William Prynne and Clement Walker, Esqs; Prynne, William, 1600-1669.; Walker, Clement, 1595-1651. 1644 (1644) Wing P4111; Thomason E255_1; ESTC R210055 195,553 170

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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