Selected quad for the lemma: king_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
king_n	earl_n	henry_n	sir_n	22,904	5	6.1717	4	false

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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

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

of a generall Councell of War yet we see the Governour adjudged to lose his head for not holding it out to the utmost extremity according to his duty And if his plea could not secure him from such a sentence Colonell Fiennes his plea being the very same with his that he surrendred the City and Castle of Bristoll to the enemy before utmost extremity because they were weak and untenable for any long time to save the lives and estates of the Garrison and Parliaments friends and that by the counsell and assent of all the Knights Esquires Souldiers and Inhabitants thereof must needs be frivolous and can no way extenuate his fault nor save his neck from the blocke the rather because Bristoll was of far greater consequence to the Kingdome now and better provided fortified manned victualed and more likely to be relieved then Arde was then The second President was of Pierce de Cressingham and John de Spikesworth Esquires who were arrested and arraigned in Parliament 7 Rich. 2. num 17. for yeelding up the Castle of Drinkham in Flanders to the enemies from whom it was gained by the Bishop of Norwich though it were well and sufficiently stored with victuals and other necessaries and strong enough to be held against the enemies without the will or command of the King or his Lievtenant To which Spikesworth pleaded That he had never the custody of that Castle or any thing to doe therewith but was chased into it by the enemy it being then in the custody of Piers de Cressingham That soone after the enemy assaulting the Barbican he was unhappily routed and one of his Varlets slaine close by him That he had never any thing to doe in the Castle neither as a Souldier thereof nor in any other manner whatsoever but onely continued in it in manner aforesaid till it was surrendred by the said Piers And therefore prayed that it would please the King to have him excused Whereupon it was ordered he should be set at liberty if nothing else could be said against him Piers Cressingham who had the custody of the Castle alledged That upon the yeelding up of the Towne and Castle of Burburgh to the enemy of all the Garrison souldiers he had with him at Drinkham none would continue with him for the safeguard of that Castle but onely five persons by reason of which great necessity he was constrained for the safety of his owne person and people to enter into a Treaty with the enemies to deliver up that Fort and thereupon he yeelded it up and not for any other cause nor in any other manner but onely by constraint of the power of the enemies aforesaid denying that he ever received any thing from the enemies by way of gift or in any other manner Whereupon he conceived that no man ought to impute any manner of blame or reproach unto his person but if it should be thought he had done ill in any manner he most humbly cast himselfe upon the grace of his Liege Lord. But because this excuse was held insufficient he was committed to prison till the King should otherwise declare his opinion concerning him Here was a case of far greater extremity then Bristoll without any apparent mixture of treachery but onely five of the garison left to defend the Castle when as the Defendant had 2300 Souldiers at least in Bristoll and a surrender by common advise for the Governours and Inhabitants safety yet because Cressingham the Governour by virtue of his office was bound to hold it till the utmost extremity he was for the present adjudged to prison and to expect a further sentence afterwards whereas Spikesworth was acquitted because he came casually into the Castle as forced by the enemy and had no charge of it as a Governour Officer or garrison Souldier all which as appeares by this resolution are answerable and punishable for delivering up the smallest Fort before utmost extremity The third president is the case of the Bishop of Norwich accused in Parliament 7. R 2 num 32. for surrendring the Town of Gravelin to the enemy before utmost extremity upon condition that it should be totally demolished To which the Bishop pleaded that by reason of the disobedience of his Captains who quitted the field and betooke themselves to their Forts he was constrained to retire with his Forces to the Towne of Graveling which he would have held out well enough against all men and did hold out till the other Captaines had surrendred their Forts adjoining to the French and after that untill speedy supplies might have arrived from England But because there were sixe or 7000 English-men who came out of the Forts surrendred lying on the sands neare Calice who could not get into the Towne and were in danger to be slaine by the French within two or three dayes the Truce being then expired whose losse would have been charged principally upon him thereupon he was commanded by the King himselfe to render the Towne to the enemies or else to demolish it and then to march to succour the said English and after that towards England to save himself and others of his Army in case they were in any great want of victuals as in truth they were and because it behoved him to abate and void the Towne as it was lawfull for him to doe at his pleasure being gained by his proper conquest from the enemy it seemed to him that he ought to be well excused of what ever was surmised against him for compounding with French to rase the Towne to the ground and to depart whither he would with his bagge baggage and men To which was answered by the Lord Chancellor That there was sufficient victuals in the Towne when the Kings Letter came there after which the King sent other victuals thither in great plenty with Letters importing how he had appointed his Uncle to come speedily to his aid and succour yet notwithstanding he departed thence leaving the Towne to the enemies against the forme of his Indenture by which the King granted him whatever he should conquer not at all to surrender sell or leave the same to the enemy but to hold and possesse it And as for the disobedience and defaults of his Officers and their surrender of the Fortresses they neither could nor ought at all to excuse him seeing they were all named and chosen by himselfe not by the King or his Councell and the Articles of the surrenders sealed between them and the enemies were made without the authority and consent of the King Wherefore by the assent of the Earles Barons and other Lords temporall present in Parliament it was assented and decreed That the Bishop should be in the King mercy who out of his grace would forbeare to lay hands on his body in regard of his function though he might justly have proceeded against him as a Lay-man that he should be put to a fine and ransome according to the quantity and quality of his offence

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

that his whole Regiment that entred were not above 300. men most of the rest being slain or wounded in the storme or assault that morning So little advantage gained he by examining this witnesse who surther affirmed that the bullets one night flying somewhat thick in the streete where he and the Governour stood talking together being shot onely at randome in the dark the Governour was so fearefull that though he had an Armour of proofe upon him he presently cryed out they have found me where I stand and thereupon removed cut of Gunshot He likewise testified that the place where the Governour used to stand with his Troope under Alderman Jones house which he alleaged to be a place of greatest danger because a Granado casually fell there almost into the midst of his Troope though it hurt no man was one of the securest places about the City the Wals of the Gardens and house betweene them and the Enemies being more then double Canon proofe and the place they stood in not commanded from any the Enemies quarters being free from all kinde of shot but this Granado mounted so as it fell just under the House Walls from over the house top And therefore it was no great Argument of his valour to stand in a place of such security The Testimony of Major Allen viva voce at the Councell That he some 2. or 3. dayes before the Seige of Bristoll brought neare 200. men well armed from Malmesbury into Bristoll whom Colonell Fiennes entertained and some 7. or 8. barrels of powder in sackes That the Castle was so strong and Fortified that he conceived it tenable and would have held it out against the Grand Seigneur and all his Army had they come before it That he was not called to a Councell of War though an Officer either to deliberate whether they should Parley or to consult of the Articles of the surrender That he casually comming to the Governours lodging after the Articles agreed on found that the Governour had released one of their Hostages and would have sent away the other but that he perswaded him to stay him for having else no security himself the City and Souldiers might be all indangered the Enemies detaining their Hostages and he releasing the Enemies That the City and Castle were surrendred before the hour agreed the Souldiers Pillaged dismounted in the streets contrary to the Articles through the Governours carelesnesse and neglect That he some other Commanders after the surrender left the Governour and for their better security crossed the Country and by the way having conference among themselves touching the surrender many of them concluded it was very shamefull cowardly and dishonorable That Colonell Fiennes at Colebrook earnestly pressed him to subscribe his Letter to his Excellency since Printed as some others had done but his conscience telling him that many things in it were false he had the grace to refuse the subscribing of it and did not set his name thereto The Testimony of Captain Samuel Roper of Lincolns Inne I Captain Samuel Roper do testifie upon Oath that the Right Honourable the Earle of Desmond did tell me about six weekes since that the Lady Newport did affirme to his Lady at Oxford before the time that Bristoll was delivered up That Bristoll should be surrendred to the Kings Majestie or words to this effect Samuell Roper We would have Examined these Honourable Persons but that the thing was not denyed And Captain Roper since the Tryall hath attested that theRight Honourable Earle of Denby informed him that * there were divers wagers laid at Oxford and here about London both before and during the seige of Bristoll that Bristoll would be surendred on the 26. of Iuly to the King as in truth it was The Deposition of Captaine Iames Harrington I Captain Iames Harrington doe attest upon my Oath that I did heare Captaine Oland Capt. of Dragoones at the siege of Bristoll say that he could speak much of the carriage of the businesse of Bristoll at the siege and after within two houres being demanded what he could speake truely touching the forementioned passage by Mr. Walker he answered him in my hearing Oh Mr. Walker I have much Arrerages behind or words to that effect I further affirme upon my Oath that I being in sir Iohn Horner his chamber on Friday morning last past at the Dolphin here in St. Albans heard an ancient Gentleman say that he came to sir I. H. from Colonell Nathaniel Fiennes to intreate him to be at the Counsell of Warre that morning by ten of the clocke to whom sir I. H. answered he would that my Lord Say desired to be remembred to him and that he had 100. or 200. l. ready for him at London and would pay the residue that is due unto him by such summes speedily or words to that effect Iames Harrington The Deposition of Capt. Robert Bagnall touching the late surrender of the City and Castle of Bristoll to the Enemy by Colonell Nathaniell Fiennes late Governour thereof taken before the Judge Advocate in London The Deponent attesteth upon his Oath that the Thursday before the Enemy came to besiege the said City of Bristoll this Deponent was earnestly desired by the said Governour Col. Fiennes to raise a foote Company of Souldiers to increase the Garrison thereof which he accordingly did upon his owne cost being induced thereto onely by the promise of the said Governour made to this Deponent to defend and keepe the said City and Castle to the uttermost and by his solemne protestations to him that he would either hold the same against the enemy or else the City should hold him and he would leave his bones therein After which the Enemy approaching the said City on the Munday storming the Out-works of it in sundry places on the Wednesday morning very early they were valiantly repulsed with great losse in all places but one neare Brandon Hill Fort where about one hundred and fifty of the Enemies and no more as this Deponent who viewed them conceived entred the Lyne upon which their entry this Deponent and his Company were severall times commanded by the said Governour to come off the Line and retire into the City which they were very unwilling to doe as conceiving it a very great advantage and encouragement to the Enemy whereupon this Deponent repaired to the said Governour and earnestly importuned him to be pleased to give order that he and his Company Captaine Sampson and his Company Captaine Richard Hipsly and his Company might instead of retreating into the City from the Line make good the breach where the Enemy had entred with one of those Companies and that the other two Companies might fall upon the Reare of those that were entred and did further desire him that Captaine Stokes being then with a reserve in Saint Iames Greene might Sally out at Froome Gate in Front against the Enemies so entred to out them off