TO THE HONOURABLE THE KNIGHTS, CITIZENS, AND Burgesses in this present Parliament assembled. The humble Petition of Clement Walker, and William Prynne, Esquires. Showeth, THat your Petitioners, by public Proclamations (posted up at Westminster, and the Exchange,) and by private Summons, were involuntarily engaged by colonel Nathaniel Fiennes (who by several Orders of this House, upon his own spontanious Motions, put himself upon the trial of a council of war, declining the Parliament, though a Member of it) to exhibit Articles of Impeachment against him, not out of any private interests, but only in the kingdom's behalf; that he, contrary to his trust, duty, and sundry promises, to defend the City and Castle of Bristol (of which he was governor) to the uttermost extremity, to dispute every Foot, yea, Inch thereof with the Enemy, to lay his bones therein, and to make his Flag of truce his winding-sheet; did most cowardly and traitorously surrender the same, with all the Ammunition, Canon, arms, Magazines, Provisions, Prisoners therein, and the very Colours too, into the hands of Prince Rupert, and other common Enemies of the kingdom, upon the entering of not above one hundred and fifty enemies within the Line, at a place worst fortified and guarded (who all gave themselves for dead men, and might have easily been cut off at first;) and that before any one of the Out-Forts taken, the Walls of the City or Castle once battered, assaulted, or the siege thereof continued three whole days (though he wanted neither Men, Ammunition, nor Victuals to have defended the same for three months' space or more, against all the enemy's power,) to the irreparable damage of the republic, the loss of the Western parts, the hazard of the whole realm, and infinite enriching, strengthening, advantaging of the common Enemy both by Land and Sea, &c. Upon which Articles, after a full and honourable hearing for nine days' space, before a council of war at Saint Albans, the said colonel the 29, of December last was found guilty, and Judgement pronounced against him, That his head should be cut off. Yet notwithstanding some friends of his, to blemish your Petitioners, and that Honourable counsels just proceedings, have confidently reported in London, Westminster, and elsewhere: that your petitoners' did retract all, and could not prove any of their Articles; that they cried peccavi, asked the Colonel forgiveness; who made such a brave defence, and came of with such Honour as never any man did before him; that he was absolutely acquitted from all cowardice and treachery, and condemned only for not firing that famous City, which his conscience would not permit, nor the Parliament in honour could not have suffered him to do; That his guard continued upon him but two days after sentence, that he is already set at liberty, pardoned, (though we humbly conceive no person can * The King himself cannot pardon an offence or injury against the commonwealth, without the Parliament; nor any offence, where any private person shall have a particular interest, as our Law-books resolve. pardon his judgement in this common case, without special order of both Houses,) and shall shortly sit in the House again. By reason of which false reports your Petitioners, for their cost and pains in this public prosecution, have been much defamed; his Excellencies, and the Honourable council of wars proceedings insufferably traduced, truth disguised, the well affected party discontented, malignant's mouths opened to complain of partiality, the Honour and Justice of the high Court of Parliament principally interressed in this trial (directed by several Orders of this House) blemished, and a high way prepared in these perilous times (which daily produce new monstrous Plots to undermine Us) to betray all Forts, and Cities yet remaining in Your power, through Treachery or cowardice, if this signal leading precedent of grandest public concernment, shall be thus openly traduced, and the execution of it so suddenly, so slightly passed over as is reported; especially since the condemned Delinquent, hath both in speeches and printed Relations justified this his unworthy action to the utmost before this Honourable House, the council of War, World, not yet making the least acknowledgement of, submission or satisfaction for the same, and denied at the trial that Colonel Essex was ever governor of Bristol, or that he did apprehend or remove him, or that himself was ever governor of this City or Castle, or undertook to defend the same, or had any Commission to keep it, but only to keep his soldiers in order; the contrary to all which appeared by his own evidence, and that he hath twice sent for, received, accepted an independent Commission by all possible ways and means to provide for the defence and security of the same City against all enemies and opposition whatsoever. And when his sentence was pronounced, he appealed from it to the Parliament, which he had formerly declined, arraigned his Judges after sentence, by demanding the reasons of their judgement, (which he said he little expected,) and what witnesses they allowed or disallowed? and most injuriously attributed the loss of Bristol and the West, with Our prosecution of this cause, (proceeding merely from his own solicitation) to an Honourable member of this House now employed in great command, with happy success; most falsely averring to the council, That he was thus eagerly prosecuted by your Petitioners, at Sir William Waller's instigation, only for the great affection which he and his father did bear, and the good service they had done to my Lord general and his Army. In tender consideration whereof, they humbly supplicate this Honourable House to take the Premises into your just and serious Examination, that so the Authors of these false reports may receive such exemplary Punishments, as may deter others from like slanders; your Petitioners, and others defamed by them, such just reparation in their Honours, as may encourage them to do Your Honours and kingdom further service; and the Delinquent such impartial execution, as shall most redound to the Parliaments, republics future security, and prevention of Offenders of this nature, without which no safety can be expected. And your Petitioners shall ever pray, &c. Clement Walker. William Prynne.