Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	francis_n	sir_n	william_n	36,923	5	8.8615	4	true

Text snippets containing the quad

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

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

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

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

all through his default was left without people sufficient for to keep and defend the said castle any long time which he beseecheth you to take into your just and benigne consideration Also please you to know how upon a Muaday about one of the clocke the enemies came to besiege the said castle to the number of 2600 men of Armes and 700 Arblasters Genevoyes and with 5000 of the commonalty of the countrey having nine great Cannons divers Engines and one great Mortar-peece beyond all measure greater then ever they had seen any before in those Marches and the same houre presently a great number of the men of Armes and Arblasters aforesaid came before the Gates for to assaile the said castle and at this time ae Knight of theirs was slaine who was cousin to the Lord de Clifton as was reported and many others were likewise then slaine and wrecked And within a short time after they began to shoot with their Ordnances and other Engines and so continued their assault from one day to another that is to say Tuseday Wednesday Thursday and then were the walls and houses of the castle battered downe and bruised in many places and they had likewise by force trenched the ditches of the said castle in three places so as the water was drained out and that night came a great party of them and by fine force made an assault and abated the Barricado's and the next day which was Friday they came about day breaking with all their Forces to assault the said castle but with Gods assistance they were yet repulsed with force from their assault and of the one part and the other were some slaine and wounded And the same day the Marshall of Burgone sent to the said William and others of the said castle to render it whereupon having consideration that the said castle could not be kept as well in regard of the small number of the people as by reason that the walls in many places were enfeebled by their marvellous Ordnance there was a Treaty with the Lords to this end That the said William and his company might advise themselves against the next morning and so they departed each to his owne Also this same night the enemies caused all their Ordnances Engines Morter-peece Cannons and Faggots with Scaling-Ladders Galleries and all other necessaries to be drawne up neare to the very ditch of the aforesaid castle and the next day which was Saturday they made all things ready plainly for to assault the plaece And then first of all sent an Herauld to the said William to know if the said castle should be rendred to them or not Whereupon the said William by advice of the wisest of his companions taking consideration how that the said place was destroyed and enfeebled with their Ordnance and also that they were too few men for its defence by renson that twelve of their companions were in this time slaine wounded and sicke so as there remained of all the people in the Garrison in health but onely 38 men to defend the same hereupon by common assent the said castle which could be kept no longer was by force surrendred for to save their lives granted to them and their goods And that all these things aforesaid are true the said William puts himselfe upon his proofe according to your most discreet Ordinances Also it is to be remembred that when the said castle was thus rendred as aforesaid certaine French people bargained with the said William for his victuals to buy them together with certaine Prisoners which the said William held imprisoned within the said castle for which things he received of them for his payment 1500 Franks of which he paid to his companions for part of their wages which was behind unto them for one quarter of a year● and an halfe 78 Franks likewise after was paid at Calice for the victuals of the said castle before that time due 442 Franks Also for the passage of the said William and of his companions into England and likewise for the expences of the said William being at Calice 135 Franks And therefore the said William prayeth in this regard your justice and benignitie seeing by envious suggestion he hath against all reason been accused whereby his estate and name by the grievous sinne of mis-informers and he also is ruined having likewise consideration that out of his proper goods he hath for the greater part paid his companions their wages which were due unto them as aforesaid and also for the great costs he hath been at before this time for to victuall the said castle for which he hath given his obligations in divers places and oweth great summes by reason whereof he is on all sides undone if your just benignities doe not succour him that you would be pleased for Gods sake and for pitie to ordaine likewise for him that he may by your discreet noblenesse recover his estate and goods Also the said William Weston sheweth how the first day when the enemies came before Arde that he went in haste to Calice unto the Captaine and desired of him more succour and aid of men for the better guarding of his Fort of Outhrewyke and to defend it if the enemies should come thither and the Captain answered him briefly that he would not deliver nor give him aid nor succour at the said time because he doubted that the said enemies would come before the towne of Calice But notwithstanding all these pleas the Lords in this Parliament together with the most valiant and discreet Knights and other Members thereof after good and mature deliberation hereupon delivered their judgement and resolution against Weston in forme following It seemeth to the Lords aforesaid that you William who had taken upon you safely to keep the castle of Outhrewyke as before is said that you have without any duresse or default of victuals evilly delivered and surrendred the same to the enemies of our Lord the King by your owne default against all apparent right and reason and against your allegiance and undertaking aforesaid and having by due information read the case of the late Baron of Graystock who was a Lord and one of the Peers of the Realm who had taken upon him safely to keep for the foresaid Grandfather the towne of Barwick the said Baron perceiving afterwards that the said Grandfather addressed himselfe to goe into the Realme of France the said Baron without command of the said Grandfather committed the said towne of Barwick to a valiant Esquire Robert de Ogle as Lievtenant to the said Baron for to keep safe the said towne of Barwick to the said Grandfather and the said Baron went as an horseman to the parts of France to the said Grandfather and there remained in his company during which time an assault of war was made upon the said towne of Barwick by the Scots and the said Robert as Lievtenant of the said Baron valiantly defended the same and at last by such forcible assaults

the said towne was taken upon the said Robert and two of the Sonnes of the said Robert there slaine in the defence of the same Notwithstanding because that the said Baron himselfe had taken upon him the safeguard of the said towne to the said Grandfather and departed himself from thence without command of the said Grandfather and the said towne of Barwick was lost in the absence of the Baron he being in the company of the said Grandfather in the parts of France as is aforesaid It was adjudged by advice of the said Grandfather the King of Castile who is present the Nobles Dukes and Counts Henry late Duke of Lancaster the late Earle of Northumberland and Stafford and Sir Walter de Manny that the said towne was lost in default of the said Baron and for this cause he had judgement of life and member and that he should forfeit all that he had and to render his judgement in these words the said Sir Walter had a command from the said Grandfather Which things considered and this also that you William surrendred the said castle of Outhrewyke to the enemies of our Lord the King aforesaid without any duresse or want of Victuals against your allegeance and undertaking aforesaid the Lords abovementioned sitting here in full Parliament adjudge you to death and that you shall be drawne and hanged But because that our Lord the King is not yet informed of the manner of this judgement the execution thereof shall be respited untill the King be informed thereof Whereupon it was commanded to the said Constable safely to keep the said William untill he had other command from our Lord the King This case is very punctuall this judgment fatall to the Defendant wherein all his former pleas and far better then he could make are over-ruled against him long since even in full Parliament First this Weston as soon as he heard of the enemies approaches and intent to besiege Outhrewyke castle sent post to the Councell and to the Governour of Calice acquainting them with the weaknesse of the Garrison and craving present aid as the Defendant pretended he sent to his Excellency yet could receive no supplies from either Secondly his Garrison was not halfe enough to resist the enemies great power neither had he meanes to encrease it when as Bristoll garrison was abundantly sufficient to resist the enemy and the Defendant might have doubled it had he pleased there being 6000 or 8000 able men more in the towne whom he might have imployed in its defence Thirdly there were 8400 enemies before it as many or more then were before Bristoll and but 50 men onely in the castle to defend it whereas there were 2000 foot and 300 horse at least to guard Bristoll a vast disproportion Fourthly they had nine great Peeces of battery a great Ram or Morter-peece greater then ever were seen in those parts before with many other Engines as many or more then the enemy had at Bristoll Fifthly the siege battery and assault thereof continued from Munday till Saturday whereas Bristoll was besieged onely from Munday till Wednesday noone not halfe so long and then yeelded upon parley Sixtly all the walls and houses of the Castle were beaten downe and battered exceedingly and the ditches drained of the water by trenches and all their barricado's beaten downe yet they still held it out whereas not one shot at all was so much as made against the Castle or walls of Bristoll but against the Out-works onely Seventhly after the walls and barricado's were thus broken downe and the ditch drained they manfully repulsed the enemy who fiercely assaulted it and slew divers of them with the losse and wounding of some of the garrison whereas Bristoll Castle and the body of the Towne were yeelded up before the least battery Mine or Assault Eighthly they made all things ready for an assault planting all their Ordnance Engines Galleries and Faggots close to the Castle-ditch and sent two severall Heraulds and Messengers to him for a Parley ere he would treat whereas the Defendant before any battery or assault against the City or Castle sent out twice to the enemy for a Parley with so much haste that he would not hearken to any who would beat them out or oppose or delay the Treaty Ninthly twelve of his fifty men were by this time slaine sick and wounded so that he had onely 38 left to make good the castle thus battered and assaulted with so great a power whereas the Defendant lost but eight men at most and had at least 2300 horse and foot when he fell to parley Tenthly he surrendred the Castle by the advice of a generall Councell of War upon better grounds then the Defendant yeelded up Bristoll to wit because the wals were beaten downe the garrison over small to defend it the enemy very likely to force it by the assault no present reliefe neare at hand and to save his owne with the Souldiers lives and goods which else were indangered to be lost none of which the Defendant can justly alledge as we have manifested Eleventhly he made the most of an ill bargaine by selling the Victuals and Prisoners in it to the French for 1500 Franks with which he paid his Souldiers their arrears of wages discharged the debts of the castle owing for Victuals and defrayed the charges of their passage into England whereas the Defendant yeelded up all the Prisoners and Victuals to the enemy gratis with which provisions the ships that brought over the Irish Souldiers were victualled and left the State to pay the Souldiers arreares and other debts contracted by him there amounting to many thousand pounds which ought to be made good out of his owne estate Therefore in these respects he ought to undergoe the selfe same judgement of death and to be drawne and hanged much more justly then he To these Presidents Col. Fiennes Answered 1. That these Governours had all of them Commissions under the great Seale of England to keep these Townes and Castles and that made their offence so great but hee had no such Commission under the great Seale of England to bee Governour of Bristoll and this he conceived differenced the cases much To which Mr Prynne replyed First that the Defendant was much mistaken in this point for these Towns and Castles lying in France if the Commissions of their Governourships were under any Seale it was under the great Seale of France not of England as appeares by the expresse Statute of 14. E. 3. Stat. 4. 1. H. 6. Rot. Parl. Num. 14. 15. Secondly that the great Seal being carried from the Parliament when his Commission was granted he could not expect any such Commission under the great Seal but from the King himselfe in opposition to the Parliament to whom he surrendred Bristoll perchance for want of a Commission under the great Seal to keep it Thirdly if this were a good plea or warrantable distinction then all the Governours of Towns and