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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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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