A checke to Brittanicus, for his palpable flattery and prevarication, in justifying condemned Nat: Fiennes. Published for the present necessary vindication of his traduced iudges, prosecutors, and of truth and publique iustice, till an exact relation of all the proceedings in that triall bee set forth by the councell of warre, and his antagonists for their further justification, and satisfaction of the world, so miserably abused with mis-reports of that action, for which he was condemned.

A checke to Brittanicus, for his palpable flattery and prevarication, in justifying condemned Nat: Fiennes. Published for the present necessary vindication of his traduced iudges, prosecutors, and of truth and publique iustice, till an exact relation of all the proceedings in that triall bee set forth by the councell of warre, and his antagonists for their further justification, and satisfaction of the world, so miserably abused with mis-reports of that action, for which he was condemned.

Table of contents

Title page

A Checke to Brittannicus, for his palpable Flattery, and prevarication in justifying condemned NATH. FIENNES.

Certaine considerable Queres of publike concernment touching Colonell FIENNES.

§

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A CHECKE TO BRITTANICUS, FOR HIS Palpable Flattery and Prevarication, in justifying condemned NAT: FIENNES. Published for the present Necessary Vindication of his traduced Iudges, Prosecutors, and of Truth and Publique Iustice, till an exact Relation of all the Proceedings in that Triall bee set forth by the Councell of Warre, and his Antagonists for their further justification, and satisfaction of the World, so miserably abused with Mis-reports of that Action, for which he was condemned.

IER. 9. 3.

And they bend their tongues like their Bow for LIES, but they ARE NOT VALIANT for the Truth, upon the Earth; for they proceed from evill, to evill.

ISAIAH 28. 15. 16. 17.

Because ye have said, We have made a Covenant with Death, and with Hell are we at agreement, when the Overflowing scourge shall passe through it shall not come unto us, for we have made Lies our Refuge, and under falshood have we hid our selves;

Therefore thus saith the Lord, judgement also will I lay to the line, and righteousnes to the plummet: and the haile shall sweep away the refuge of lies, and the waters shall overflow the hiding place; And your covenant with death shall be disanulled, and your agreement with hell shall not stand.

LONDON, Printed by Iohn Dawson for George Hutton, 1644.

A Checke to Brittannicus, for his palpable Flattery, and prevarication in justifying condemned NATH. FIENNES.

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WEE are informed that Brittannicus during his last weekes silence, hath beene visiting Nath: Fiennes late Governour of Bristoll since his condemnation, at the Lord Cottingtons Country House; who now not daring to shew his head in London for feare of losing it, and despairing of his owne credit, after so many false Relations wherewith he hath deluded the world; instead of giving in an Account of his Receits at Bristoll, and craving pardon of the Parliament and Kingdome in a penitent Recantation, and acknowledgement of his former grand disservices to the State, hath bribed Brittannicus, to trumpet forth his unknowne eminent deserts, and publicke vertues to the people; to acquit him from the least imputation of Treachery or Cowardize, in his ignoble surrender of the famous strong City and Castle of Bristoll, in lesse then three dayes Seige, to the Enemy, upon very dishonourable conditions, without the least necessitie, (there being not one Out-Fort taken, nor one shot made against the City or Castle walls) upon the entry onely of 150. Enemies within the line, who might have been easily cut off; notwithstanding his many promises, to dispute every inch of ground, to hold out the City, and the Castle to the utmost, and when he could no longer keepe it, then to lay his bones therin. For which most unsouldierly & unworthy action, (carrying Cowardize and Treachery in its very Front, were there no other evidences, as there were store produced at the hearing;) he had this insuing Judgement pronounced against him, by that very Councell of Warre to which himselfe appealed from the Parliament, after nine dayes full defence, and seven dayes deliberation; which will sufficiently proclaim his guilt, and justifie his Judges.

29. Decemb. 1643.

Collonel Nath: Fiennes, you have beene arraigned and convicted before this honourable Councell, for surrendring the Towne and Castle of Bristoll, with the Forts, Magazine, Armes, Ammanition, Victualls, and other things therto belonging, and for not having held the same to the utmost extremity, according as to your duty you ought to have done. For which offence, this honourable Councell hath adjudged you to bee executed according to the tenor of the Article of Warre, by having your head cut off. God have mercy on your Soule.

[Page] Yet Brittannicus (the professed Advocate of this Champion) to the unsufferable slander of his Excellency and that honourable Councel (which shewed him more Favour, then ever any Malefactor of that nature received, though hee hath most ungratefully requited them, in appealing from their sentence, and raising many ignominious reports against their justice) hath now proclaimed it in print (I know not upon what occasion, it being no wayes pertinent to his weekly Intelligence;) That neither the Sentence of death, nor his Pardon doe in the least impeach him, either of Treachery or Cowardize; and therevpon stiles his pretended Pardon, (of which the Parliament which must grant it, is wholy ignorant) a noble Act of his Excellencies Iustice. (Oh strange Iusticiary! whose very Treason, ex condigno, demerits Pardon,) not of his indulgent mercy. Pitty is it, but that hee should receive Justice in the highest degree, who esteemes his undemerited free Pardon a meere act of Right, not Favour. Were not Nath: Fiennes now growne past grace, as well as shame, (as his strange prevarications, and underhand proceedings in this businesse apparantly discover,) hee durst not presume so impudently to justifie this his dishonourable action in print, even after judgement passed against him, in such a braving manner, as makes some of his best friends conjecture, hee hath already lost the best part of his head (his braines) since his Iudgment; and must even in point of justice lose the residue of it, unlesse he will so farre under-value not onely his well-deserving Prosecutors, and the Councel of War, whom he causelesly asperseth, but even the High Court of Parliament, and his Excellency, as frantickly to opine, they will all now voluntarily hazard their owne Honours, Iustice, and the whole Kingdomes safety, (inconsistent with his over-daring practises) to keepe his unworthy head upon his shoulders, and uphold his sunke Reputation, to doe the Republike more ill offices.

Mercy it selfe will not, cannot save an impenitent, obdurate, capitall Delinquent, who will neither confesse, nor recant his offences, but still justifie them to the world in despight of Iustice.

But Brittannicus, out of his foolish pitty, pleads thus for him. That it is pitty we should bury the eminent deserts, and publike vertues of that Gentleman, (in surrendring Bristoll to the losse of the West, the hazard of the Kingdom, and seeking to f [...]ment, if not raise differences between his Excellency, and Sir William Waller, on whom he would translate this dammage) in the Sepulcher of an vnfortunate action: I am sorry to see his Advocate, put to so poore a shift, as thus to transforme him into a Roman Catholike, and make him plead Eminent Merits, yet undiscerned; and publike vertues (not hitherto visible,) to save h [...]s Head-pe [...]ce: Its [Page] ill pleading Iustification by such workes, as have already condemned their Author, in a Court of Justice. His ensuing shift is yet more miserable; That wee should put a difference in Offences, and sooner pitty then prosecute the faylings of the best, and not make our sufferings the onely Argument of his. For is it not a farre grander and more capitall crime actually to surrender such a place as Bristoll to the Enemy, without necessity, to the Kingdomes incomparable prejudice, then onely to practise its surrender without successe, before it was either fortified or stored? with what justice then can Fiennes (not yet proved the best who put Col: Essex from the government of that place, upon a groundles pretence he would not keep it, & actually executed Yeomans & Butcher only for plotting Bristols surrender before it was fortified, or ammunitioned, though their project proved successeles) expect a Pardon, when as himself actually surrendred it, withall the Arms, Ammunition, Magazines, Cannons, Colors in it, before any extremity enforced him, or the Enemy had so much as battered the City or Castle walls? If they by his own sentence (though penitent) endured the halter, I am certaine he still stouting it, much more deserues the Axe: And for the latter part of his Apology it is so irrationall, that every man who hath but common sence or honesty will conclude; that he who hath caused many thousand Innocents, & the whole Kingdom to suffer in the losse of such a place of consequence as Bristoll, deserves not to go Scot-free, but to suffer more then the Governor of Beeston Castle, and others put to death for losing places of lesse importance.

If he conceit, the Noblenes of his blood may apologize for his impunity; though he hath forfeited it in this ignoble action: all understanding men will conclude, that as it aggravates his guilt, and heightens his offence; so it pleads most effectually for his execution: since an exemplary President of justice upon an eminent offender of Noble extraction, will strike more terror into, and doe more good upon other Governors, then twenty Lawes, or a thousand executions of inferiour persons, for sleighter offences; And seeing he hath given the Parliament and Kingdome incomparably the most fatall blow, and the enemy the richest booty they ever yet received, in the losse of Bristoll; there is little reason or justice, that hee should escape after such a publique triall, and judgement of his owne seeking; the best service he can now doe for the Common wealth, being this▪ to become a spectacle and Monument of publike Iustice to Posterity in a military way, as Strafford was in a Politick. Wee read in Meteranus, Grimston, Thuanus, and other Historians a memorable history of justice in this kind upon a yong Nobleman of as good or better descent then himselfe, Van Hemert a Dutchman, [Page] who was condemned and lost his head with two of his Captains in the yeare 1587. by the Earle of Leicester and Queen Elizabeths direction, notwithstanding the Nobility and greatnes of his family, the powerfull mediation of his friends, and the confession of his Errors, with promise to expiate it by serving the Queen by Land or Sea at his own charges, onely for surrendring the Town of Graue, (of far lesse consequence and strength then Bristol) to the potent enemy, after full 3. months (not 3. daies) siege, and that upon honourable termes punctually observed, (the souldiers marching out with their arms and baggage, and the Citizens with their goods) and that when the walls of it with many batteries of the Canon were levelled to the ground, and the town threatned with a present generall assault, which made most of the Souldiers and Inhabitants to importune him upon their knees with teares, to parly with the Enemy, and to yeeld the Towne upon good conditions. This sentence and execution was thought over-severe by some, but the Earle of Leicester, and the wisest men deemed it necessary to reforme the ancient neglects of military discipline then much decayed; and to preserve other Forts from over-sudden surrenders before utmost extremity: and the wisest Statesmen, souldiers have affirmed, that the losse of this great mans head was more advantagious to the States in regard of the President, then the saving of his, or a thousand mens lives of his ranke, in such a case could be. The story needs no application: he who will not adventure his life, to defend his charge, and a place of such importance as Bristoll for the Kingdomes safety, and keeping out of the Irish Rebels, now actually possessed of it, deserves at least to lose his head for such a Cowardize, and cannot doe the Kingdome greater service, nor Justice more Right, then to suffer for it, and become a President for the benefit of Posterity, especially when he growes so obstinatly perverse as neither to acknowledge nor lament his Error.

Certaine considerable Queres of publike concernment touching Colonell FIENNES.

I VVHether Colonell Fiennes being actually attainted and condemned of high Treason against the Kingdome, by a reference from the Parliament, can or may be permitted in Law or Equitie to goe at liberty, or to continue a Member of the Commons house? Whether the House Ex officio mero, ought not in Honour and Iustice to expell him, as well as other lesse-Capitall Delinquents? to enquire [Page] diligently where he now hides his forfeited Head, and to exact the forfeiture of it, to prevent future Cowardize and Treachery in others?

II Whether in case the losse of his Head-peice be remitted ▪which cannot possibly be imagined without a publike confession, and penitent submission, of which there is not as yet the smallest shadow appearing,) his whol reall and personall Estate ought not at least to be confiscated, towards the reparation of those inestimable dammages and losses, the whole Kingdome, and private Persons have sustained through his cowardly Surrender of Bristol?

III Whether the honourable Councell of Warre, openly traduced by him and his, for their just Sentence against him after nine dayes full hearing, by order from the Parliament, ought not to demaund and receive such publike satisfaction for this high affront; and his un-voluntary Prosecutors, engaged by himselfe, such reparation for the slanders raised of them, as may deterre others from such bold daring attempts against Iustice?

IIII Whether he and his, have not beene the principall Authors, and Fomentors of the late unhappy (but now composed) differences betweene his Excellencie and Sir William Waller, and their Officers? Seeing his manifold malicious aspersions cast upon Sir William, with his impudent loud-lying averrement to the Councell at the triall, That the prosecution of this Bristoll busines against him (proceeding onely from his owne braving motions in Parliament, and publique Summons posted up at Westminster, upon hopes to make his prosecutors cry peccavi, or else to come off with Honour by the Potency of his friends, not Honesty of his Cause) came by the instigation and confederacy of Sir William Waller and his Lady, who set it on meerely for the great affection, which he and his family did beare, and the good services they had done to my Lord Generall, his Officers and Army: (a most parasiticall seditious calumny) doe more then intimate as much.

V Whether he ought not in justice to be forced to give in a speedy account, of all the vast summes of monies, and plunder received by him and his Officers during his Governement of Bristoll, that so he may not escape Count-free though Head-free; and so prove a gainer by his very capitall censure?

VI Whether he and his haue not caused Mr. William Pryn appointed an Auditor for the grand long-deferred Accounts of the Kingdome by the House of Commons, to be raised out of the list of Auditors, in the House of Peeres, and upon what just grounds of exception (besides his known integrity and impartiallity for the publique weale,) for which hee hath gratis done and suffered much without any pay, or recompence for his [Page] losses?) And whether it be just or meet, that Accountants should have a Negative or Affirmative vote in the Election of their Auditors?

VII Whether Nath: Fiennes since his good service in surrendring Bristoll, and bestowing it on the King beyond expectation, with all the fortifications, Cannons, Armes, Magazines, Colours, Wealth, Ships, and Provisions in it, be not farre better beloved, and befriended at Oxford, then Sir William Waller? The extravagant testimony of Captain Temple (his own Kinsman and witnes) at the triall, with others of that nature, clearely intimating as much? And whether the sparing of his head will not be farre more pleasing and advantagious to the King, and his Malignant Cavaleers, then to the Kingdome and well affected party?

VIII Whether his Majesty in all probability had not gained the actuall possession of all the Townes, and Forts through England, ruined the Parliament, yea enslaved us and our Posterity for ever in lesse then one months space, had the Governours of other beseiged Towns (especially Manchester, Glocester, Hull, Plimmouth, Lime, Namptwich, and Warder Castle) made no better or longer resistance of his forces, progresse, or shewed no more valour, Resolution, and Fidelity, to their Country then Fiennes did at Bristoll, (more strong and tenable then most, and of greater consequence then all the forenamed Townes,) which he held not 3. whole daies, and most cowardly yeelded up before any one Outfort taken, or the Towne or Castle walls once battered or assaulted?

IX Whether cowardly and avaritious Governors or Commanders (who aime at nought but pay) doe not alwaies prove the greatest Traitors of all others, to those who trust them, in times of danger and extremity? whether such will not rather lose a Kingdome, yea and their own [...] soules, then hazard their lives or estates? And whether it bee wisedom to imploy any such, or spare them when they grossely betray their trusts, out of a foolish pitty or indulgent partiality?

X Whether Col: Fiennes since the wars began, did ever personally for all the pay received by him, performe the least peece of Martiall service for the state, except his fortifying and furnishing of Bristoll for the Enemy? And whether any credit can be given to his words, or reports, who contrary to his owne knowledge and Printed Papers, denyed Collonell Essex or himselfe to be ever Governour of Bristol, or that ever he had a Commission to keepe it, or sought for any Commission, though his own witnesses proved, and himself therupon at last confessed, he hath writ, sent Letters for, and received an Independant Commission? which made him so Independant both on the Parliament, His Excellency, and Gods Protection, as without their privity, and beyond their expectation to surrender up Bristoll to the Enemie, when they gave themselves for dead men, and many of them retreated thence, with a resolution never to come on againe.

FINIS

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Title statement

A checke to Brittanicus, for his palpable flattery and prevarication, in justifying condemned Nat: Fiennes. Published for the present necessary vindication of his traduced iudges, prosecutors, and of truth and publique iustice, till an exact relation of all the proceedings in that triall bee set forth by the councell of warre, and his antagonists for their further justification, and satisfaction of the world, so miserably abused with mis-reports of that action, for which he was condemned.

Prynne, William, 1600-1669.

Edition statement

1644

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Text Creation Partnership,

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Date

2008-09 (EEBO-TCP Phase 1).

ID [DLPS]

A91161

ID [STC]

Wing P3926

ID [STC]

Thomason E253_1

ID [STC]

ESTC R212495

ID [EEBO-CITATION]

99871104

ID [PROQUEST]

99871104

ID [VID]

159144

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(EEBO-TCP ; phase 1, no. A91161)

Transcribed from: (Early English Books Online ; image set 159144)

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— A checke to Brittanicus, for his palpable flattery and prevarication, in justifying condemned Nat: Fiennes. Published for the present necessary vindication of his traduced iudges, prosecutors, and of truth and publique iustice, till an exact relation of all the proceedings in that triall bee set forth by the councell of warre, and his antagonists for their further justification, and satisfaction of the world, so miserably abused with mis-reports of that action, for which he was condemned., Prynne, William, 1600-1669..

Extent

8 p.

Printed by Iohn Dawson for George Hutton,. London, :: 1644.. (Attributed to William Prynne by Wing.) (Brittannicus = the writer of the "Mercurius Britannicus" (Thomason Catalogue), i.e. Joseph Hall.) (Annotation on Thomason copy: "Supposed to be Mr Prins"; "feb: 14th 1643"; the final 4 in imprint date crossed out.) (Reproduction of the original in the British Library.)

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