A CHECK To the Chequer of BRITANNICUS: OR, The Honour and integrity of Colonel Fiennes, Revived, re-estated, and cleared from certain prejudices and mistakes, occasioned by late misreports.  
The proceed of the honourable Council of War, according to the Article of War justified.  
The pardon of his Excellency the Lord General Essex asserted, and the grounds of it declared, and presented to the consideration of all.  
With certain considerable Queries of public concernment. BRITANNICUS for his eminent service to this Cause, Parliament, and Kingdom, encouraged and vindicated from a late aspersion, in this occasion by a gross, seditious, and malignant abusive Pamphlet, called, A Check.  
London, Printed by Andrew Coe, 1644.   

To all the well affected party in the Kingdom.  
RAther than a Gentleman should by his own patience and modesty, suffer his blood to be 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 business, 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 we have so many: and to publish the excellent justice of that honourable Court of War in its commensurate proceed, according to the very letter and article of war, and the candid power of the General, and Supreme of that Council in remitting the sentence upon just and honourable grounds, as appears to him, and appears to me, but am sorry the design of Malignants should so secretly and cunningly, wind about the judgement of some good men amongst us, undiscerned, and unobserved of them, under the pretences of public service, rejoicing 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 own branches, and act that upon ourselves in their behalf, which they themselves cannot do upon us; But I here publish to the World, this is the grand artifice, and design of the enemy abroad & now at this time, in this Kingdom, working in secret to make us the sad and fatal instruments of undoing and destroying one another, and dashing ourselves against ourselves. But I hope we 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▪ kindness, forbearing one another, and forgiving one another, and above all, put on charity which is the bond of perfectness. Col. 3. 12, 13, 14.   
EPHES. 4. 31, 32. 
Let all bitterness, and wrath, and anger, and clamour, and evil speaking, be put away from you, withal malice.  
And be you kind one to another, tender hearted, forgiving one another, as God for Christ's sake hath forgiven you▪  JONAH 3. 10. 4. 1. 
—— And God repent of the evil, that he said he would do unto them, and he did it not.  
But it displeased jonah 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 pity on thee.  MATTHEW 6. 15. 
But if ye 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 trial, 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.▪ Samson,  
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 cross examined.  
Mr. Strood,  
Cap. Vaughan,  
Mr. Priskman.    

A Check to the Chequer of Britannicus: OR The just Vindication, etc.  
IT is a rule in the best of Sciences, That we 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 Supremacy, or Apicem of a Law, than any disproportion or obliquity to the reason or equity of the Law, and may more naturally be termed a providential misfortune, an unsuccessful Council, 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 transgress morally, another thing to transgress martially; it is one thing to offend by industry, by design, by treachery, another thing to offend providentially, unfortunately, almost inevitably, and certainly had there been any such positive guilt in this noble Personage, he would not so fast have prosecuted his own Judgement, but this is the excellent and impartial Policy of Martial Justice, that it reaches adminimas, to the least errors; to the Atoms of all proceed and actious; which is an exception from the common Maxim in all Laws but itself, and it is not more honourable, than safe, that even mistakes; and circumstances should be made Capital, because such a weight of Concernments turn often upon these Poles.  
Therefore I shall only advise, that we argue him into no deeper a guilt than the Law hath done, and that we measure our own Judgements 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 writ both them and it. I am far from writing an Apology for a Delinquent, and as far from writing a Delinquency 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 clear notion to others, as well as myself, and though I shall be as early as the first at prosecuting a transgression against the public, yet I would be the last at prosecuting a transgression beyond the public, or beyond itself, 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 we 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 err by misfortune, of those that err by design, against those that make their fault greater, by striving to commit the less, and so go wrong in a mist of a providential, and inevitable exigency, or extremity, and for such kind of errors, which fell on the outside of the Design or Intention, the old Law had provided an Expiatory, o● City of Refuge, and though the Cities be ruined and gone, yet the Judicial and Moral foundation stands firm, and we have still a superstructure, Pardons of Course and Reprieves; and they that undermine these, offend against the grand Charter of the Cities of Refuge, against the glory of Authority, and commit an offence on the otherside of the Law, even against mercy; & the best kind of Prerogative: and it is a kind of putting Justice out of joint, a spraining it by an overreach; and believe it Mercy in some Cases is the best execution of Justice; and one attribute may thus be made to expound another: and thus the equity proves sometimes to be better Law, than the Letter; and the Civilian and Canonist avow the excellency of Justice to be seated Candidiore & benigniore legis interpretatione▪ and if this were not, the Picture of Justice would want the best part of her Emblem, and we should see her only with her Sword, but without her Scales; and this is that which is our best Argument now in our late proceed▪ and we part the Law thus with our Adversaries; they take the Letter, and we the Equity and f●irer side of it, and even in the best examples, where Justice is in her purest Hieroglyphic; we shall find this indulgency and dispensation, and benignior interpretatio▪ as in jona hans Case, who was condemned by the Martial Law of Saul, for a crime at the tip of his rod, and yet of public prejudice too; but the people, in sense of former services and public acts, rescue him, and cry out; Shall jonathan die? and on the like ground, the people got a Reprieve for the Centurion's son, pleading to Christ that he was worthy, for whom he should do this, For he hath loved their Nation; nor is it an act unsuitable to our thoughts at this time, The Angel staying the sword of Abraham, from execution, because there was an Isaac lay in the danger of the stroke.  
But I now arrive at those Arguments and Particulars, which persuaded me, and in my prospect seated his reputation and integrity as clear now; as before.  

Argument I.  
WHereas it hath ever been the design of Delinquency to walk out of the way of trial and examination, & to make escapes, and seek subterfuges rather than appeals and provocations; This Person sought out his Adversaries, sought for a Tribunal, for Justice; and especially that which had the sharpest edge and heaviest stroke; who would not think it unreasonable that any man of prudence should take so much pains to condemn himself, and to court an arraignment of his crime? Sure here was innocency in the Hyperbole, for I presume a guiltiness durst not adventure to this height and provocation of Justice; nay sometimes it is the Case of Innocency itself; and Integrity to be involved by some misfortune or design into the Labyrinths of some seeming Crimes, and it is even afraid of Appeals and Tribunals, lost Justice see not so clearly through Informations and testimonies, as it sees itself; and therefore when I consider the Appeal of this Gentleman, I cannot but raise an Argument of eminent Integrity, which was it seems so disengaged and absolute; as carried him into these open persecutions of himself, when he might have withdrawn and sat secure from Censure; and when the cloud had been over, appeared as serene in his reputation again as before.   

Argument II.  
THe second Argument which moves and persuades me is the care, courage and, faithfulness which this Colonel expressed in his first going to Bristol, by an order from his Excellency, where, by the providence of God having discovered a Design compounded of treachery within, and forces without; he defeated and disappointed. The Conspiracy, and the success of this was sealed to him by a Letter of public Thanks from both Houses of Parliament; and his Integrity was signed with this honourable Testimony: and to this I must add his uncessant care and pains in fortifying and strengthening it with all things necessary for a siege, or enemy.   

Argument III.  
I Am further assured from such his constant care, & vigilancy to the field and outside of it being always provident to prevent dangers afar off, by clearing the coasts & parts about; contributing not a little to the taking of Malignant Insurrections in the very bud at several times & in several places of Wiltshire, Somersetshire, Dorsetshire, with the Isle of Portland; with the relief of Gloucester too, at his first coming to Bristol, and to all these his furnishing Sir Wil Waller from time to time with large supplies of men, moneys, and Ammunition, having recruted him with above two thousand foot, four hundred horse, eight thousand pound in money; and about a hundred barrels of powder, with bullet and match proportionable; and to all this I must add his resolutions at that extreme exigency, when God was pleased to give the forces of that Noble Commander Sir Wil Waller up to a discomfiture; which exposed Bristol at that very time to so much danger, and such an unavoidable hazard; that the Gentlemen themselves which had lost the field, gave in Bristol to the sad Catalogue of being lost too, and thought it not tenible after such a sinew was cut, and these were men of so much judgement, honour, and understanding, the very naming them is enough with me: Sir William Waller, and Sir Arthur Hastelrigg in a Letter under their own hands; yet Colonel Fiennes though thus devested, and deserted, on all sides, first by that unfortunate defeat, than by a total declining of the Counties, and many of the Deputy lieutenants, and principal Gentlemen thereof gathered up his resolutions, carefully collected the remaining sparks of that dying City, and of the whole West, striving to blow life again into them; hazarding his own person day and night, and laying out himself in places of greatest danger, as some of the Gentlemen in the Catalogue have witnessed, ingageing likewise his estate and credit for the taking up great sums of money, for raising and arming soldiers; that if he had thought it possible, he might have preserved that City, which was of so great importance to the Parliament.   

Argument IU.  
THe next Argument is this, that the loss of this City was surely by a providential misfortune, and an incapacity in itself, to be defended to extremity, and some other unavoidable exigences: For first, he could never raise men enough to make good the line, so as the soldiers did not stand within musket shot one from another in some places, and not numerous enough in any place, being stormed in nine places at once, and being liable to be stormed in all places, and promising a fair success to the besiegers at every assault, (the works being rather like to those of a Quarter entrenched, then of a Town fortified very slight without any ditch at all in many places, and dry, narrow, and shallow, where there was any, being but seven or eight foot broad, and four or five foot deep, nor could he make any relief or reserve without which, according to the maxims of war, it is impossible to keep any place, much less such a weak and indefensible place, which indeed rather seemed a Landskipt of fortification than one indeed, and real▪ and besides the weakness of the Town, the Castle (which should have been the only reserve and refuge in such a supreme extremity) was so old and crazy, that the walls thereof were not likely as was deposed before the Counsel of War to endure the shaking of great Ordinance, and was in as much danger to the violence within as without, and so surrounded with Churches and Steeples, and Houses; and so commanded from them, that no soldier could stand to his guard in any place nor do his duty, but in continual hazard to be rebuked to death by the enemy, nor could the Gunners stand to their Ordnance, but the enemy had the command of their backs within Musket or half Musket shot; and so weak and untenible in many other respects that it could not hold out three or four days in the judgement of any Soldier, according to the description thereof given into the Counsel of War upon oath; and though it had been more tenible, yet it neither commanded the Port, nor the Key, nor the Town, and it was so situate from the Line too, that within three or four days it might have been secluded from any possibility of Relief, if it had been worthy of a relieving, after the Town, and Shipping▪ and trading thereof had been destroyed, for which only it was worth presorving, and without which it was not so considerable, as to burn all the other to ashes for the saving of it, or rather the reprieving it, for a few days longer to the same destruction, if not from themselves, I yet from the enemy.   

Argument V.  
ANother Argument with me is, the concurrence of some particulars in his condition in that exigency: First want of men, the Garrison being too wide for the Soldiers, and the Line too vast a Circumference for so small an Infantry, not being able to endure the violent shakes of a numerous enemy as they were, the works so large, so weak, and so weakly manned, much less a siege; as he must needs have done, succours being so remote and distant.  
Secondly, want of a place of defence in any sort tenible by the Rules of War, when the principal Rampart of the Town was entered, and the enemy lodged within it, several Regiments of Horse and Foot.  
Thirdly, want of obedience in some of his Officers, and a great part of his Soldiers, when the Line was entered, so that he could not beat out the Enemy again, or make any further resistance, some of his Officers and Soldiers refusing his commands, and the greatest part of his Soldiers deserting their Colours, and divers of them running over to the Enemy; and refusing to make any further defence.  
Fourthy, despair of succours. Sir William waller's Army being wholly ruined, and his Excellencies in so weak and sick a condition, which was known to Col. Fiennes before he entertained a parley.   

Argument VI.  
ANother strong motive with me is his declining the government of the Town, never undertaking to make good that place with the force he found, or was ever able by his own endeavour to raise in it, but on the contrary declared continually by his Letters and Messages, that he neither could nor would be answerable for it, unless certain Propositions might be granted him which he could never obtain, and therefore desired several times to be freed from the employment, yet he was willing rather to part with his own Judgement and desires, and suffer them to be commanded in the service by the Parliament and his Excellency, while he continued there; and taking care that it should be furnished, and Ammunition for a defence or siege, or rather that the reports of such preparations might keep the enemy from entertaining a design against it, being it was in itself so indefensible.   

Argument VII.  
ANother prevailing Argument with me is the substance and form of the sentence which is thus from the original.  

DECEMBER 29▪ 1643. St. Albon.  
The Honourable Council of War being full. and the Prosecutons Mr. Prinne and Mr. Walker being present, the sentence against Colonel Nathaniel Fiennes was pronounced by the Advocate, de scripta, as followeth.  
Colonel Nathaniel Fiennes, you have been arraigned & convicted before this Honourable Council, for surrendering and delivering up of the Town and Castle of Bristol, with the Forts, Magazine's, Arms, Ammunition, victuals, and other things thereunto belonging, and for not having held the same to the utmost extremity, according as by your duty you ought to have done, for which offence this Honourable Council hath adjudged you to be executed, according to the tenor of the Article of War, by having your head cut from your body.  
Copia vera  
Jsaac Dorislaus, Advocate of the Army.    

Argument VII.  
IT appears by this, that the Article of War is the hinge upon which this sentence only moves, here is no Concomitant expression of Cowardice or Treachery, so as the guilt is external, and not internal, a guilt of disproportion and want of Commensuration to the Article, and whereas there is this clause, That he held not the same to the utmost extremity; that is according to the tenor of the Article, for extremity is here considerable under a double notion; as extremity is commonly understood and received: he held it to the height of that notion, as I have clearly remonstranced, but as extremity is received in a Martial interpretation, relating to the very Article of War there, and only there he is criminal, and upon this he was condemned for not coming up to the height of that extremity▪ and though the Martial Justice allows of no plea in that disproportion, yet there is a moral equity to be considered here, which qualifies his not c●mming up to the last extremity, and this his Excellency considered in his pardon: First, he must have burned the second City of the Kingdom to the ground, contrary to the constant practice and policy of War, to the principles and rules of the Parliaments Protestations and proceed, and to all the violences and villainies which are the sad consequences of an enraged Enemy entering such a City by force, having been exasperated before by the loss of above a thousand of their men, and amongst them four Colonels and divers of quality; besides by such an act a considerable body of horse & foot, must necessarily have been broken, which by terms of competition might, and by the Articles▪ were to be preferred for the service of the Parliament, in a time when we all knew they had so great need of men, Sir William waller's Army being ruined, and his Excellencies very weak, and besides all this, many of the town, resolving to join with the enemy to prevent it, and having great opertunities to do it in, in regard of the difficulties in making a retreat, so as those things inpartially considered, though they excuse not the Colonel a toto▪ yet a tanto, from transgressing against the Article of war, 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 Colonel's soul at that time than the Law of war, & he would not do so much evil, that good might come thereof; and he was loath to set up such a fire to the Kingdom, and to light up the first Beacon of Desolation, and Devastation to the country, 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, than he could have at that time; it being an easy thing to mistake the passage of Counsels, and the fairest landing-places of Designs in Exigencies, and Distractions of that Nature; Though he did it not without advice of his Counsel of war too.  
And for the Article of war, it is the Summum Jus, and no question but Laws and Ordinances of war 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 Supremacy, in being able to dispense, and qualify the Justice of that Law which 
a These are to authori●e you to print for the use of the Army, the Laws and Ordinances of War, by me established ESSEX, Novemb. 25. 1643.  he makes himself, for if the Letter did not admit of these saire and merciful interpretations, it were a kill Letter, and we know this State hath been long in debate concerning the giving way to the Justice of War, or merciful Law, being almost afraid to admit of a Law, so sharply pointed, but that the necessity (which is the supreme 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 rational, and argumentative, and bottomed on certain foundations, and principles, which I shall only draw forth like arrows out of their own quiver, and give them into your hands to level as you please.  

THE PARDON.  
Whereas Colonel Nathaniel Fiennes late Governor of the City of Bristol hath been questioned before a Counsel of war held in St. Alban, from the 14. day of December till the 23. of the said month, 1643. by William Pryn and Clement Walker for the surrendering unto the Enemy, the said City and Castle of Bristol: And whereas the said prosecutors themselves during the said trial, have delcared that their meaning was not that the said Colonel had delivired up the said City by any premeditate malice or Intelligence with the Enemy.  
And whereas the said Colonel hath been cast by the said Counsel of war, only according to the letter of the Article of the Laws, and Ordinandes of war, because he the said Colonel hath not held the said City, and Castle of Bristol to extremity: And whereas the said Colonel hath been condemned by the said Counsel for this offence, etc.  
In consideration of the premises, and of the excellent gifts, and endowments wherewith it hath pleased God to enable the said Colonel for other employments in the service of this State, and in regard of my own experience and confidence I have of the said Colonel's Integrity, and constant affection to the common cause of Religion Laws and 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, Anno Dom: 1641. And in respect of his courage and valour shown in divers services, and in particular in regard of the good testimony given to me by Sr. William Belfoor Leiutennant General of the horse in the behalf of the valorous carriage of the said Colonel in Kainton field riding up to the very. Ordinance of the Enemy, with and near the said Sir William Belfoore, I have by virtue of an Ordinance of both Houses of Parliament given and granted, and by these presents I give and grant unto the said Colonel a free and full pardon of all manner of offences, errors, and oversights committed in the said surrender of the City and Castle of Bristol, discharging hereby the said Colonel from the-execution of the capital punishment, imprisonment, restraint, and likewise from all further impeachment, and prosecution concerning the said surrender.  
ESSEX, Given under my hand and Seal, the sixth 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 Colonel 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 seems) declining any such charge.  
2 That the said Colonel hath been cast by the said Counsel of War, only according to the Letter and Article of the Laws and Ordinances of war.  
This argues him only guilty of a disproportion of the Article and Letter of the Law, to that ultimate, and supreme extremity, which the justice of War exacts.  
3 In regard of the excellent gifts and endowments wherewith it hath pleased God to enable the said Colonel.  
In regard of my own experience and confidence I have of the said Colonel's 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 honourable 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 again, and his honour in our opinions and judgements.  
4 Especially in that particular, in regard of the good testimony given to me by Sir Wil Balfoore, Lieutenant General of the Horse in his behalf the valorous carriage of the said Colonel in Keinton field, riding up to the very Ordnance of the Enemy with and near the said Sir William Balfoore.  
This discharges our thoughts from all preiudices from all mistakes that some unjustly conceived concerning his rosolution, he cannot be charged of cowardice, who charged so valiantly, and in the company and sight of so gallant a Commander as Sir Walliam Balfoore, whose deserts in our public cause hath raised him into an unquestionable testimony, and in disputable reputation with us. But more of this anon.  
Having now given you a general and particular account, and not concealed any thing which was Argumentative, & powerful 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 myself.  
Object. 1, Why did Colonel Fiennes endeavour so earnestly the trial of himself? why was he so busy 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 leveled at his Integrity and Reputation, in the conduct of this business, and the Malignants sought by all means 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, Colonel 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 designs for division which we all know, and though some of the well affected party might seem 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 underwork of others, aiming (through mistakes and prejudices too suddenly received) at a public service, and this erroneous and misguided activity, which (as is said of zeal) had been egood in a good thing had so anticipated and taken possession of the Judgements of many, that the Colonel was put upon a necessity of clearing himself, and bringing himself to a trial of this nature.  
Obj. 2. But Col: Fiennes did give out, that he would make his Colours his winding sheet, 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 particular intendment, another thing what is spoken, for public ends, for animating and encouraging Soldiers, for Soldiers and common people looks into their Commander's face, as they look into their Almanac for weather▪ and there they hope to foresee good or bad events and success, and he is not a wise Commander that hath clouds and ill weather in his countenance, and at that time, this Colonel did the like, for as it was deposed at the Counsel of War, the Gentlemen of the County, and amongst them some of the Deputy Lieutenants deserted him, giving the City for lost. Yet in private where he might be free with such a dangerous Consequence of general discouragement▪ he declared his Judgement, 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 waller's 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 cowardice in the act of surrendering.  
Answ. I have sufficiently cleared 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 Cross 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 only 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 King's 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 Cannoneers 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 Colonel Brown, Colonel 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 enemy's power for three months together.  
Answ. We must know that it was proved at the Council of War, that their was but fifty Barrels of Powder left, and they had spent fifty in two days fight before; at Plymouth they spent forty Barrels 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 continual duty, and with constant expense of Powder, for three months 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 only able to supply the defects of their own stories.  
Obje 5. But it is further reported that at the entry into the Line, there were but 150 men that entered, and they stayed there a long time before they were seconded, and gave themselves all for deadmen, and might easily have been beaten out.  
Answ. It was deposed that they were two or 300 that entered, none spoke of less than two hundred, being Washingtons' whole Regiment, and for giving themselves for dead men, it was so fare from that, as when the horse that were placed where they entered, played the Jades, & would not charge (for which Colonel Fiennes accused them) before Captain Nevil could come thither from the place where he guarded with his horse, there were so many entered, 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 haste running over the Water at the Key, besides the Gate of the Town. And this was the first object that Colonel Fiennes met withal at the Gate, whereunto he hasted upon the first advertisement of their entry; Captain Nevil seeing their horse Regiments advanced to the breach before he was beaten of.  
Object. 6. It is reported that Colonel Fienues out of ambition displaced Colonel Essex, and sent him up prisoner upon a pretended suspicion, only to thrust himself into the place of Governor, and yet denied that Colonel Essex was Governor, or that himself was Governor.  
Answ. Those reports are purposely spread abroad to the same end that all the rest, Fortiter calumniare aliquid haerebit, some will be incensed as Colonel Essex and his friends, and some will hereby be deceived to the prejudice of Colonel Fiennes, who know not the truth herein, and then the end aimed at is obtained. The truth was thus, Their was a Jealousy cast upon Colonel Essex at that time for holding correspondency with Prince Rupert; but Colonel Fiennes in his Letters did express, that he hoped he might be clear of any such intention, although (having received an Order from my Lord General 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 party of the City, insomuch, that they were leaving the City 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 Colonel Fiennes was thought of to be sent down thither, it was resolved by my Lord General, that Colonel▪ Essex should be sent for away so soon as it might be done safely, and Master John Sedgwick the Minister now dead, went to Windsor to my Lord General (as is known to some who can witness it) to be employed down to Bristol upon that errand, and therefore Colonel Essex hath no cause to be so stirred up against Colonel Fiennes, for obeying my Lord General in that command, which was resolved to be executed before he was thought of for it; and it is also true, that Colonel Essex had no Commission to be Governor, nor Colonel Fiennes, for the greatest part of the time; and in that time, he said, he was not Governor, no more than Colonel Essex, neither had he a Commission until two of Colonel 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 withal sinister construction and amplification, only to cast odium upon Colonel Fiennes by deceiving others in not relating the things truly, as they were spoken, the times observed and distinguished.  
Object. 7. But is it not any diminution to the Parliament, or Council of War, or Lord General, that it is reported how he was cleared from the Attainder of Treachery, or Cowardice, and pardoned.  
Answ. No; For first the Council of War did not go at all upon the Articles of Treachery, or Cowardice, seeing them so fare from being proved, that they were disproved, and the Colonel was acquitted from the imputation, and they proceeded only upon the Letter of the Article of War, as is apparent 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 Colonel of Noble quality, and could not have been kept longer than two days.  
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 only kill, and not save, and so take of the Apicem or supremest of his power, the flower and noblest prerogative of his Authority, which Authority he sufficiently and clearly draws forth from his Commission given him by Parliament; and it is the honour of his Power to produce an extraordinary act in such a precious extremity, as it is the glory of a diviner power to act a miracle, when no less will serve. And having now weighed the proceed of this Colonel at the Beam of the Article of War, and then pardoning, it is no other than 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 General as an accusation of theirs, or their approving against Colonel 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 privilege, I remember now the case of the Attorney 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 Foreign proceeding, but only to a Parliamentary, to their own natural and proper courses, and ways of trial.  
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 signal precedent, and dangerous in these perilous times.  
Answ. No, for extraordinaries are no precedents 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 only be touched by the Letter of the Article of War, for not holding it to extremity, and even for that was acquitted too, by the most ancient and experienced Soldiers, he pleading, that he thought it fit to save the City 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 Exeter? Were the works or the principal Rampire taken, as at Bristol; was it besieged by 12000 Soldiers; No▪ Only by a Sheriff 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 extremity in the Article; was the City burned to keep a strong work, Fort, or place in it; what were the conditions upon which it was surrendered.  
Let us look at Lincoln, was the principal Rampire there entered: Was the Walls of the City battered▪ or the Walls of the Close a much stronger retreat than the old rotten Castle of Bristol, was not that City with the Ordnance, Ammunition, Victual, and prisoners left, when no enemy was near it by twelve Miles, and the enemy entered not into it till two days after▪ Here was no City reduced to utmost extremity, no City burnt to keep the Close, and now we see happily reduced into the Parliaments hands again, and yet no impeachment, nor sentence, nor any signal precedent 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 precedents were never thought signal, the Gentlemen never questioned, but still employed, nor do I name these in any obliquity, but to show that we had Cities delivered and surrendered into the enemy's hand; and yet no such notice, no such complaints, no such aggravations, no such prosecutions, no such marks of treachery or cowardice upon them. And though I am loath to go for Justice to Oxford, and to seek precedents in the enemy's Tents; yet the Justice of War is there too.  
Was not Hereford as well ptovided within of men to defend, as the besiegers to assault without, yet delivered without conditions into mercy, the Commanders never questioned, still used, encouraged, employed.  
Was not Reading (though Garrisoned with 4500 foot and 500 horse) the Army without not so many as before Bristol succours at hand, yet surrendered.  
The Commander Fielding a soldier (condevined indeed) (only to boy up the reputation of the other side, lesthall should disband) yet not executed, and so far from being laid aside, that he is still there and employed Bristol not so well to be defended with double the number of men, yet had but seventeen hundred foot, and 300 horse and the most part of them raw men, raked up in the streets.  
To this we may add Malmesbury, delivered up to Sir Will, Waller, who testified of it in his Letter, that is was the strongest inland piece in England, where there was no want of men to defend it and Sir Wil Waller ready thereupon to leave it, he having not so many men without it to assail it, than there were within it, yet Lunsford a good Soldier delivered it up without conditions to mercy, who was afterward employed in command, not laid aside▪ but commanded at Bristol, where he was slain.  
The like at Higham House, more within it, than assailed it, yet delivered up to mercy, none laid aside for it they know how to make better use of their Cards, then to fling them away for one lost game.  
In a word, we see Cities and Towns delivered up and surrendered upon composition, and yet fall short of the justice of the Article of War too, and of the utmost extremity, and this we may read both in our own practice, and our enemies, and yet no stain of Cowardice or Treachery, no traducing of any signal precedent, not pressed, nor prosecuted, nor aggravated with the circumstances of perilous times, the Gentlemen and Commanders▪ (as divers of them well deserve) honoured, employed, preferred, and must this Colonel suffer under the sentence of justice irrecoverably, irrepairbly? is the judgement of our Courts like that of the Medes and Persians irrepealable, must all former deserts and eminencies, a conjuncture of so many virtues be all entombed in a bad success, shall errors be writ in Marble, and deserts in sand▪ shall so noble a Family that hath laid such engagement upon the public, that hath boyed up this State and Religion in the times when their were such overflowings of Prerogative and popery be now laid aside? shall we think the right stating of an offence to be a traducing of any signal precedent? or an act of mercy and pardon to be a sleight passing over a crime, when as justice hath had a free course, in a free trial: and a pardon granted, with a clear Declaration of the reasons and causes, I remember Jonah, when he impeached and pronounced sentence on the Ninivites, and God afterwards pardoned them, jonah was very angry he thought (it seems) if he came off so clear from the sentence, they should not come off so clear in the reputation of a Prophet, but I have done, and wish only that these few and plain Expressions may be read and received with the same candour and ingenuity they are writ, for I hope I have fairly published, and not painted the truth.    

Certain Queries very considerable, and of p●●●…ck concernment touching the prosecution and prosecutors Col. Nathaniel Fiennes.  
1 WHether the prosecutors of Colonel Nathaniel Fiennes be wittingly or ignorantly put on by some Malignant and Jesuitical spirits to foment Divisions by prosecuting one, of his interests and relations as affairs stand now, and so to stir up parties and sidings (if possible) in this juncture of time.  
2 Whether the prosecuting of his Excellency's pardon, with such sleightings and reproaches from the prosecutors, both in their late Petition and Pamphlet, be not of dangerous consequence to the public, and the casting a bone betwixt the Parliament and his Excellency, and so to promote Divisions, whether ought this Design to be enquired into.  
3 Whether the prosecutors do not make use only of the honourable name of the Parliament, and Lord General, and the Counsel of War to save and shadow their own names, and reputations the better, by weaving their own particulars into those universal notions, and public engagements, to make their own p●sse better.  
4 Whether the prosecutors own interest and engagements and reputation, be not the chief motive of this their prosecution, because they affirm in their late petition, that his own private summons and provocations only engaged them to the trial, & they were involuntarily engaged and why have they let so many other places of public concernment▪ which have been surrendered pass unquestioned, and the Governors and Commanders thereof who are yet employed and entrusted for the public, and why do they ever and anon intrude a Remembrance of themselves and their deserts, placing their own names under the notion of petitioners before either the Parliament, or Lord General, or Council of War, as appears in the clauses of their last Petition.  
5 Whether it be not an insufferable insolency for any man to tax the house of Peers, for what they have done, and to call them to account for leaving Master Prynne out of the bill for Auditors, and questioning any of them for having a Negative or affirmative Vote in that House as is done in the Check, and hath he not in this and other things lately violated the Privileges of Parliament as dangerusly, and in as high a degree as hath been done by any this Parliament.  
6 Whether there is not a vast difference betwixt the strafford's Case and Col. Fiennes, Strafford, being attainted and executed for overthrowing the Laws of our Kingdom for introducing Popery into our Religion, for setting up Injustice, Tyranny and oppression for endeavouring to engage two Kingdoms in a bloody war, and all this on purpose, with all possible Artifice and Design, and this Col. Fiennes who had ever had the reputation of godliness, of serving the State very happily and advantageously before in several public employments, till this unfortunate loss of Bristol, though proved to be only a disproportion to though Article of War, a misfortune by consequence, not at all by any design or complot with the enemy.  
7 Whether the pardoning of this Colonel can be of such danger to the public as the prosecutors would make us believe, seeing it is an extraordinary act, and grounded upon extraordinary reasons, and eminent deserts, as his Excellency makes appear, and so none can promise or assure themselves of any such indulgence or pardon which is a mere arbitrary act, and so cannot encourage themselves to any treacherous act upon any infallible ground, nay rather the contrary, may they not rather suppose that the indulgency or mercy is now passed away upon extraordinary grounds, and that any such expectation will be vain, and too conspicuously dangerous, and so nothing but execution to be expected and acted, like Esay who coming too late, when the blessing was passed upon Jacob, could not obtain it again, though he sought it carefully with tears.  
8 Whether the Col: Fiennes suffering to expiate the sufferings of others, be a just ground, seeing that upon such a principle, every Governor or Commander in chief may be demanded upon every unfortunate action that hath any sad consequence attending it, and whither hath not the Colonel suffered abundantly, both in his credit by misreports and Pamphlets, and by the unfortunate surrender itself, and in his life by hazarding both his person there, and since to a trvall and condemnation.  
9 Whether one of the Prosecutors did not pen the Check himself, because there is such larding his own deserts, and whether did he not pen this very clause: Mr. Willam Prinne appointed an Auditor for the grand Congee, deserted accounts of the Kingdom chased out, and whether is it not printed at the Prosecutors Press.  
10 Whether one may not suffer martyrdom, and endure public sufferings, and pillowrings, and further, give their bodies to be burned, & yet want charity, whether is not the holy Scripture plain for this or no? and whither would not this be taken into sad and serious consideration by the Prosecutors?  
11 Whether is it such gross flattery and prevarication in Britannicus, modestly▪ and in three or four lines, to name the virtue of a Gentleman, well known, and reputed before, though now prosecuted beyond mercy, to blood and death, whither is not rather a good Christian advice to the prosecutors an excellent moral, a godly admonition.  
12 Whether is it not a piece of great disservice to this Kingdom, and a great satisfaction to all Malignants, and a great Courtesy and encouragement to the vain Pamphlet Aulicus, to cast any such checks and aspersions upon Britannicus, and whither hath not the author of it of late been in the Country at Oxford with Aulicus or or no, or received some intimations from Court, or bribe if he be a Lawyer, to write against Britannicus whom all the well affected judge to have writ most impartially of the public affairs, and to have undeceived and disabused the people, as much as any that hath come forth, by being serious with the sadder judgements, and more pleasant with the sanguine, taking down the traverse work of the modern machaivellisme, and whither doth he not deserve a good reward, and encouragement from the State for this service?  
13 The last Querie is this, Whether it will please the Malignants or well affected party best, to see us prosecute any of our own party, & pulling of the blossoms from our own trees, which have flourished so long in this State and Church, only because some of the fruit hath been casually and unfortunately blown off, and because there is not that fruit at all times of the year which we expect.  
I will conclude with Mr. Prinues own words spoken at the Council of War before many witnesses of unquestionable or edit. They were these.  
My meaning is not in saying Bristol was traitorously and cowardly delivered into the enemy's hands, that Col: Fiennes is a Traitor or hath done this out of any premeditate malice, or intelligence with the enemy, or that he is a coward or hath done any cowardly act, either heretofore in other places, or during this Siege, but only in this one individual act of surrendering the Town before it was reduced to utmost extremity. But these words traitorously and cowardly must be used in the language of the Law in an impeachment, as felony must be used in an indictment, and therefore it is that I use them. These words he used, or fully to this effect, as will be deposed by these Gentlemen.  

M. james Fins,  
M. Thomas Earl,  
two Members of the House of commons,  
M. john Fiennes,  
Cap. Tho. Temple,  
Lieutenant Edward Scotton,  
M. Hen. Pitt,  
M: Samuel Love of Bristol,   
Let all the world judge whether in his Pamphlet which he spreads abroad (only to stir up the people) he would have men thus understand him, when he so often exclaims of Tron, and the most traitorous and cowardly surrender Bristol.   
FINIS.