Relation of the Prosecution of Nathaniel Fiennes, Trial proceedings · Floating text 8
Article I.
THe Articles and this Anſwer to them being read, the Proſecutors (to expedite the Triall) proceeded preſently to the proofe of their Articles, before any copy of the Anſwer taken by them: And whereas they conceived the Defendant would have been ſo ingenuous as to have granted the three firſt Articles, being but introductive to the impeachment, and ſo apparent, that impudency it ſelf would bluſh at their deniall, yet this brave ſelf-Fencer, to ſpin out time, and diſplay his want of ingenuity, aſſumed ſo much boldneſſe as to deny the firſt Article; and thereupon unexpectedly put the Proſecutors to an extemporary proofe of that which all the world knew, and himſelfe onelyonly moſt ſhamefully (even againſt his knowledge and conſcience) denied, to the admiration of all the Councell, and others preſent.
Firſt, Col. Fiennes his three firſt evaſions.he denied that Col. Eſſex was ever Governour of Briſtoll.
Secondly, that he ever removed or ſent Colonell Eſſex thence.
Thirdly, that himſelf was ever Governour of Briſtoll.
And then bid Maſter Prynne prove theſe particulars ere he proceeded further.
Maſter Prynne thereupon replyed,Mr Prynnes anſwer to them. that he much admired how a man of his birth and breeding ſhould ſo much forget himſelfe, as to deny that in private before the Councell, which himſelfe had not onelyonly confeſſed, but profeſſed before the Houſe of Commons (the repreſentative body of the Realme,) the City of Bristoll, and publiſhed in print to all the World in publike: But ſince he denied theſe particulars, he would eaſily make them good againſt him.
For the firſt, it is cleare that Colonell Eſſex was both acknowledged and ſtiled Governour of Briſtoll, by the Parliament, his Excellency, the Committees of Somerſet-ſhire, Gloceſter-ſhire, Wilt-ſhire, the Citizens and Garriſon of Briſtoll, and all the Gentlemen of thoſe parts, and by Colonell Fiennes himſelfe at his firſt comming to Bristoll, who gave him the title of Governour.
Secondly, that the made out his Warrants, commands, and ordered all things for the cities defence and fortification, as Governour, having the command in chiefe of the citie, caſtle, forces there, as abſolutely as any Governour whatſoever.
Thirdly, that in the booke, intituled, A full Declaration of Colonell Fiennes his march to, and proceedings at Briſtoll, compiled and publiſhed by himſelfe, or his Major Langriſh with his approbation, pag 3. 4. 10 12, to 16. Colonell Eſſex is both acknowledged and ſtiled Governour of Bristoll, and that by himſelfe in his owne printed Letter to his Father to juſtifie his removall, and the depoſitions which he took and publiſhed againſt him, atteſt him to be Governour: therefore he muſt even bluſh to deny all theſe pregnant evidences, and to put us thus to prove that only now, which he ever confeſſed before.
Whereupon Colonell Fiennes much appalled, ſaid in a ſhuffling manner, I confeſſe he was a Governour de facto, but not de jure.
To which Mr Prynne replied, Firſt, that he was ſent thither, and placed there, by his Excellencies ſpeciall command, and the Parliaments approbation; therefore he was as much Governour de jure as himſelfe or any other. Secondly, that he was obeyed as a rightfull Governour till he ſent him thence, and ſo eſteemed by the Parliament, his Excellency, the Garriſon, City, and Committee. Thirdly, if he was not Governour de jure, then all his commands and acts there done, during his government, were injurious, unwarrantable, which he preſumed the Defendant durſt not affirme.
Then he replyed, that Colonell Eſſex had no commiſſion, and therefore was no rightfull Governour.
To which Mr Prynne rejoined, Firſt, that for ought he knew he had a commiſſion. Secondly, that his Excellencies ſending of him thither, to take in, command the citie, and his confirming him there as Governour, with the Parliaments conſent, was a commiſſion ſufficient to make him Governour de jure. Thirdly, that if his Excellency commanded an Officer by word of mouth alone, without a commiſſion under ſeale, to lead any Brigade out upon ſervice, or to take in any towne or caſtle, (as he had lately commanded Major Skippon to take in and fortifie Newport-pannell) this was Warrant enough to make him Governour both of the Brigade, Towne, Fort; and if he ſhould betray, or baſely deliver up that Brigade, Towne, or Fort, when taken in, he ſhould be condemned for it by Martiall Law as a Traitor, and the want of a commiſſion would be no excuſe to acquit him from being a Governour, and betraying his truſt.
Secondly, that he removed and ſent away Colonell Eſſex from Briſtoll.
Mr Prynne proved it, firſt, by his owne printed Letter, and the depoſitions publiſhed by his direction, in A full Relation, &c. page. 4 6, 11, 12. where he uſeth theſe expreſsions: Colonell Fiennes (writes his Major Langriſh) who communicated unto me an order that he had received from his Excellency, whereby he was enjoyned to ſend Colonell Eſſex to Windſor, or the Parliament, in caſe*Nota. he ſaw cauſe for it; and having given me reaſons, to ſee and know that there was cauſe ſo to doe, he asked me, whether I would aſſiſt him in the executions of it or no? the which ſeeing cauſe for, I promiſed to doe. But it will be neceſſary here to annexe the reaſons that cauſed Colonell Fiennes to put in execution the Order given him by my Lord Generall, to ſend up Colonell Eſſex from Briſtoll, not as an accuſation againſt Colonell Eſſex in this place, (let that be followed by thoſe to whom it appertains,) but by way of vindication of Colonell Fiennes, that he had done nothing herein, but what the truſt repoſed in him, and the ſafety of that important place did require him; and that the rather, becauſe it begins ſo far to reflect upon Colonell Fiennes, as if he had done him injury, and there had been no plot at all, but a plot to put himſelfe in the Governours place. The Malignants in the Towne taking up this, and ſpreading it, and adding ſtrength to it by Colonell Eſſex his own ſpeeches and carriages, it will be a great injuſtice to him, who hath done his duty, and therein no inconſiderable ſervices, to be requited with calumny, &c. Beſides, Colonell Fiennes writes thus in a printed Letter to his Father: My Lord, &c. I ſent a Letter long enough, and full enough of particulars, concerning Colonell Eſſex, and which I thinke were ſufficient to ſatisfie any man, that it was neceſſary be ſhould be removed from hence, before the Towne could be put in any poſſibility of ſecurity, although he had not been touched in the point of his fidelity; his being here,*Nota. I found inconſiſtent with the good and ſafety of this city; and though there were no apparent proofe-of his falſhood, which I never affirmed, yet there were ſhrewd grounds of jealouſie, as may appeare by the depoſitions, whereof I have ſent your Lordſhip a copy together with this Letter. For my part, ſo my Lord Generall and the World be ſatisfied, that*Nota. I had good reaſon to ſend him away from hence, according to his direction, I would not have things proſecuted too hard againſt him, although I am very much deceived if many a Governour of a Towne hath not been called to an account, in point of his Fidelity, upon weaker grounds then thoſe that I have ſent.
Secondly, by his owne expreſſe conſeſſion, in the letter end of his Anſwer to the ſecond Article, though he denies it in the beginning, that he did it not upon any pretended cauſe.
To the third, That himſelfe was never Governour of Briſtoll, Mr Prynne anſwered, That it ſeemed he had carried himſelfe ſo diſhonourably in that Government, that he was now aſhamed or afraid to confeſſe himſelfe Governour, for ſearche ſhould ſuffer for it, elſe he could not have the impudence to deny it. But ſince he thus denied himſelfe Governour, he would quickly prove him ſo.
Firſt, by his owne Warrants during his Government, wherein he ſtiled himſelfe Governour of Bristoll. Secondly, by his acceptance of that title from his Officers, Souldiers, the Committee, and all others. Thirdly, by the Parliaments, his Excellencies, and owne Fathers entituling of him, Governour of Briſtoll, in their Letters and directions to him. Fourthly, by his exerciſing all the authority, and receiving the pay of a Governour. Fiftly, by the full Declaration concerning his March to Bristoll, ſet forth by his Major Langriſh, who in his Letter from Briſtoll, March 6. 1643. pag. 3, 4, 6. ſtiles Colonell Fiennes, Our Governour, and, Now Governour of Briſtoll, three ſeverall times, long before he had a commiſſion to be Governour there. Sixthly, by his owne draught of an Ordinance preſented to the Houſe of Commons by the Lord Say, for the ſettling of a ſufficient Garriſon at Briſtoll, printed by himſelfe in his Relation made to the Houſe of Commons concerning the ſurrender of the City of Briſtoll, pag. 17 to 22. in which we finde this Gentleman no leſſe then eight ſeverall times expreſly ſtiled, Colonell Fiennes Governour of Briſtoll: And are you not aſhamed ſo confidently to deny that here in the preſence of this honourable Councell, which your ſelfe have ſo lately publiſhed to all the world? Oportet mendancem eſſe memorem. Seventhly, in the very Articles of the ſurrender of the city and caſtle of Briſtol to the enemy he intitled himſelf Governour, witneſſe the title of them: Articles agreed on at the City of Briſtoll, between Colonell Nathaniell Fiennes GOVERNOUR of the ſaid city on the one party, and Colonell Charles Gerard and Captain William Teringham, for, and on the behalfe of Prince Rupert, on the other party, Iuly 26. 1643. And Article 1. That the Governour Colonell Nathaniel Fiennes, &c. Certainly if he were not Governour before to keep, yet theſe very Articles prove he was then Governour to ſurrender it. And now (Sir) take your choice; If you were not Governour, then you had no power to treat or ſurrender the City or caſtle, and ſo muſt be condemned (by your owne confeſsion) as a betrayer of them: If you were Governour of them then, you ſhew your ſelfe moſt unworthy your birth and breeding in denying it now; eſpecially ſince you have given an account in a printed Relation, of your proceedings and ſurrender of Briſtoll, which is in Law a confeſsion of this truſt. To conclude, his Excellencies owne Proclamation, poſted up at Westminſter by the Defendants procurement, and ſummoning us to give information againſt him, doth no leſſe then three ſeverall times together ſtile him, Colonell Nathaniel Fiennes late Governour of Briſtoll: and therefore eternally concludes him to deny it.
The Colonell confounded with theſe unanſwerable ARguments, (which Mr Prynne informed the Councell he preſſed the more earneſtly, becauſe his Governourſhip of Briſtoll, was the foundation of the impeachment, which would fall to the ground if not fully proved,) confeſſed at laſt, that he was Governour of Briſtoll, all the Councell exceedingly wondring, and ſeeming aſhamed of him, that he denied it ſo ſtiffely, till thus neceſsitated to acknowledge it: yet forgetting himſelf, through feare or guiltineſſe, he ſoon after denied againe twice or thrice over, that he was Governour, till he was forced to a new confeſsor.
Being thus driven from theſe ſhamefull ſhifes, he next denied in the fourth place,
That he was ever Governour of the Caſtle of Bristoll,Col. Fiennes his 4. and 5. evaſions though he was of the Towne.
And 5ly That he had ever any Commiſſion to be Governour of Briſtoll; thinking to ſlip his neck from under the Axe, then hanging over it, by theſe ſilly evaſions.
To the firſt whereof Mr Prynne replied,Mr Prynnes Anſwers to them. Firſt, that he had the chiefe command of the Caſtle, and none elſe. Secondly, that he placed his owne brother, Colonell Iohn Fienne, as commander in chiefe, and all other Officers under him, in the Caſtle. Thirdly, that he onelyonly gave order for the fortifying, victualing, garriſoning of it. Fourthly, that he laid up the Stores and Magazines of the City there, diſpoſed of all the Lodgings in it, intending to make it the place of his laſt retreat: therefore certainly he was Governour of it. Fifthly, that though Briſtoll Caſtle and the City were divided heretofore, the Caſtle lying in Gloceſterſhire, and being no part of the Citie, yet ſince Queen Annes entertainment at Bristoll, King Iames at her requeſt gave and united the Caſtle to the Citie, making it part thereof, and ſo it continueth to this day: Wherefore ſince he confeſſeth he was Governour of the Citie, he muſt neceſſarily be Governour of the Caſtle too, it being now parcell of the City, and having no other Governour that had charge of it in chiefe but himſelfe alone, and his brother under him.
To this the Defendant in the ſixth place replied,Col. Fiennes ſixth evaſion. that he had no charge of it as a Fort, no more then of any one houſe in the City.
To which Mr Prynne rejoined,My Prynnes Reply. Firſt, That the Caſtle was never reputed a houſe, but alwaies a Fort, a Caſtle, and a very ſtrong one too; therefore he muſt needs have the Government of it as a Fort, not as a houſe. Secondly, himſelfe eſteemed it the ſtrongeſt Fort in and about the Citie, beſtowed much coſt in fortifying it, laid up his Magazines in it, kept a ſpeciall Garriſon there, made it the place of his laſt retreat, promiſed to hold it out till the laſt if the City were taken, and to lay his owne bones there rather then yeeld it up; therefore certainly he took charge of it as a Fort, and muſt anſwer for ſurrendring it as a Fort.
VponUpon this Col. Evaſion 7.Fiennes replied, That the Castle was not mentioned in his Commiſſion, and ſo he was not chargable with it as a Fort.
Which Mr Prynne preſently laying hold of,The Reply thereto. rejoined: Firſt, my Lords, we have now a cleare confeſsion that Colonell Fiennes had a commiſsion to be Governour of Briſtoll, the fifth thing he even now denied. Secondly, though the Caſtle be not particularly named as a Fort in his Commiſsion, yet this will not help him, for it is therein included as part of Briſtoll. This I ſhall undeniably evidence by a caſe or two: Colonell Fiennes by virtue of his Commiſsion hath built ſeverall Forts and Sconces about Briſtoll, without, not within the Cities limits, though adjoining to it, as we have done the like about London; theſe Forts are properly no part of the City, as the caſtle is, nor are they mentioned or inc'uded within his commiſsion, being built for the moſt part ſince the commiſsion granted; yet no man will doubt but if Colonell Fiennes, or any other Officer, had treacherouſly or cowardly delivered up any of theſe Out forts to the enemy, though no part of the City, it had been Treaſon in him, and he ſhould have ſuffered for it: So had he in like manner yeelded up or betrayed any one houſe in the city or caſtle, were it fortified or not fortified, to the loſſe or hazzard of the city, it had been treaſon by the Lawes of War, many cities and caſtles having been loſt, betrayed by the loſſe or yeelding of one houſe or poſterne; much more then muſt he ſuffer for ſurrendring ſuch a conſiderable Fort as Briſtoll caſtle to the Enemy, without any battery, aſſault, or neceſsity, though he found it not ſpecified in his Commiſsion, which extends to the whole City, and ſo to every houſe, Fort, and parcell of it, though not particularly mentioned in it.
The Colonell,Evaſion 8. The Reply thereto. thus forced from all theſe feeble ſhifts, with much diſadvantage, retyred to this falſe poſtern to make an eſcape, That hee had no Commiſſion to be Governour of Briſtol, and by conſequence was not Governour of it.
To which Mr Prynne replied: Firſt, That ſince hee undertook the Charge of the Town and Caſtle, as Governour, it mattered not much whether he had a Commiſsion or not; for he writ, and carried himſelfe as Governour, even from the ſending away of Col. Eſſex, till the ſurrender of the Town and Caſtle, which he ſurrendred as Governour.
Secondly, That himſelfe had formerly unawares confeſſed, that hee had a Commiſsion to be Governour, and that he was ſtiled Governour by Langriſh and others even inaA full Relation, p. 4. 5. 6. Print, before hee had his Commiſsion to bee Governour.
Thirdly, he ſhould prove hereafter, that himſelfe ſent one Captaine Bagnall twice up to London to procure not only a Commiſsion; but An Independent Commiſsion, from his Excellency that ſo hee and his Garriſon might not bee ſubject to Sir William Wallers commands, (which Captaine Bagnall afterwards atteſted upon Oath, & that he ſpent ſixteen pounds in theſe two Journies, to obtain this Commiſsion, which the Colonell out of his liberallity never yet paid him) and the Colonell himſelfe confeſſed afterwards to the Councell upon Bagnals teſtimony, he ſent for and received an Independent Commiſsion; that ſo he and his Garriſon Souldiers might not bee liable to Sir William Wallers commands, as they formerly were.
The Colonell thus entangled and caught in his own ſnare, Evaſion 9.thought to help himſelfe at a dead lift with an abſurd diſtinction; and hereupon told the Councell, That he ſent for this Commiſſion, not to Guard the City againſt the Enemy as Governour of it, but only to keep his Souldiers in order, who when they were commanded on any ſervice grew mutinous, and would ſtill be calling on him to ſee his Commiſſion: for which he gave an inſtance in Col. Pophams Regiment; who diſobeyed him when they returned from the taking of Sherborne: And this made him to ſend for a Commiſſion, only to order his Souldiers, and keep them in obedience; but he never had not ſent for any Commiſſion to keep the Town or Caſtle.
To which M. Prynne Replyed,The Reply thereto. That this was the moſt abſurd, irrationall, if not unſoldierly diſtinction, that ever was heard of in the world, and that hee might bee aſhamed to propound it before Souldiers in ſuch an honourable Councell of Warre as this: for what need was there either of a Garriſon or Governour at Briſtoll, or of ſuch a Commiſſion to keep his Souldiers there in obedience and order, but only to preſerve the City? This was the only end why he and his Garriſon were there placed, maintained by the Parliament and his Excellency to keep the City, which elſe would have as well or better kept it ſelfe without them.
Secondly, That hee was confident his Excellency never granted any ſuch Commiſſion to any Governour (nor any other Prince or Generall in the world) only to keep his Garriſon in order, but not to defend the Garriſoned place, whereof hee was Governour; ſuch an abſurd Commiſſion was never yet heard of, nor ſuch a nonſence diſtinction made by any Souldier, and thereupon he deſired the Commiſſion might bee produced, to the end it might appeare, whether it warranted this diſtiction, That it was only to diſcipline his Souldiers, but not to hold the Town againſt the Enemy.
Thirdly, That their Lordſhips now ſaw, the true reaſon why Col. Fiennes, ſo ſoone delivered up Bristol to the Enemy: he pleads, he had, (or would have) no Commiſſion to keep it, therefore it was he thus ſurrendred it up to the Enemies almoſt as ſoone as they came before it: who doubtleſſe would keep it better, defend it longer then he, though they wanted a Commiſſion for it.
Fourthly, That this pretended diſobedience of Col. Pophams Regiment was long after his Commiſſion received, and that upon this occaſion: Col. Fiennes, and his cowardly plundring Major Langriſh, would have taken from Col. Pophams Regiment that little plunder they had gained at Sherburn, with the hazard of their lives, at the Countreys charge without any direction from Fiennes, who ſent them not on that ſervice: which injurious avaritious act of his, they juſtly oppoſed by ſtanding on their guard, and ſo kept that booty he would have carried from them into Briſtol Caſtle. This occaſion then being ſubſequent to his Commiſſion could not bee the ground of its procuring, but rather that which himſelfe unawares confeſſed; his deſire of independency and exemption from Sir William Wallers commands.
The Colonell thus drive to the wall and worſted on every hand, Evaſion 11.uſed two pleas more for his laſt reſerve; Firſt, That hee received his Commiſſion only upon this condition and with this intention, to keep his Souldiers in order, but not to make good the Town and Caſtle: therefore he could be no further chargeable by it then as hee received it.
To which Mr Prynne replyed:The Reply thereto. Firſt, That every Governour muſt receive his Commiſſion at his perill, as it is granted and intended by him that granted it, (as Tenants doe their Leaſes, and Donces in taile their Lands) and hath no power to annex any conditions thereunto: his Commiſsion then being abſolute, to keep the Town for the Parliament, that being the ſole uſe, and end thereof, his conditionall accepting of it being repugnant to it, was voyd and idle.
Secondly, that theaLittleton, ſect. 378. 379. See Cookes Inſtitutes on it, fol, 232, 233. 234. Common and Martiall Law of the Realme annex this condition to every Governour and Officer of truſt, that he ought to diſcharge his truſt and Government, and keep that ſafe which is committed to his cuſtody to his utmoſt power, though it bee not expreſſed in his Commiſſion; And therefore it pretended conditionall acceptance, directly againſt his truſt and Government, was moſt ridiculous.
Secondly,Evaſion 12. he alledged, That he never ſought after the Governouſhip of Briſtoll, but really deſired not to accept it, and to be acquitted from it: to which end hee produced and read divers Letters of his own to the Lord Say his Father, and one or two to his Excellency, which took up neare two houres time in reading, and tyred all the Councell, who with much patience heard them, all read, though Mr Prynne to husband time, excepted againſt them, as no evidence at all, nor ſitting to be read: And in the reading of theſe Letters, the Colonell caſually deſired the Councell to obſerve, that many of them were written before he had his Commiſſion for Briſtol, which was not till the firſt of May, 1643.
This Mr Prynne taking preſent hold of, deſired their Lordſhips in the firſt place to obſerve, his voluntary confeſſion with a ſpeciall Nota, of that Commiſſion which at firſt he ſo obſtinately denyed.
To theſe Letters read (many of them being printed with his Relation) Mr Prynne gave theſe ſhort Anſwers:
Firſt, That all theſe Letters were either his own or his Fathers, and not above two or three of them proved true Coppies, and that by Mr Sprig the Lord Say's Secretary; Therefore no evidence at all to juſtifie or excuſe him, himſelfe and his own Letters being no compotent witneſſes in his own cauſe; and his Father but tests Domeſticus at the beſt, if preſent.
Secondly, That the ſubſtance of the chiefe Letter to his Excellency, was only a modeſt excuſe of his own inſufficiency for that charge; a common complement in every ingenious mans mouth, that is preferred to any great place of truſt: who in words at leaſt pretends inſufficiency for that place which he perchance deſire: juſt like our Biſhops uſuall anſwer, Nole, nolo, to vis Epiſcopari? now uſed as a formality, for faſhions ſake only, even when they come to be conſecrated; when in truth they make all the friends and meanes they can to compaſſe that Biſhopprick, which for faſhion ſake (out of a diſſembling modeſty) they pretend, and twice together anſwer ſolemnly (when demanded openly before the Congregation) that they deſire by no meanes to accept of: Therefore this Letter of his can bee no proofe, that he was unwilling to undertake this Government, ſince his ſubſequent acceptance and actions diſprove this pretended refuſall.
Thirdly, he obſerved, that in one of his Letters dated the 4 of April, he writ earneſtly to his Father, To procure and ſend him his Commiſſion: Therefore he was ſo farre from refuſing, that he ſought the Government, and ſent Captain Bagnall twice to his Excellency to procure his Commiſſion, as was after atteſted upon Oath.
Fourthly, That by divers of his Letters then read it clearly appeard, himſelfe was the chiefe informer againſt Col. Eſſex, and the chiefe Actor in his removall, to intrude himſelfe into his place; ſo that wee had now his own hand againſt his words and Anſwer.
Fiftly, that the ſcope of all his Letters was only to complain and cry out to the Parliament for more moneys from London, or to get more Authority to raiſe moneys in the Countrey, to pay the Garriſon, without which moneys he writ, he could not long hold the Town; But there is not one clauſe in all the Letters, that he wanted Armes, Ammunition, powder, men, proviſion, or that the Town or Caſtle was not tenable: If then he complained only of default of moneys, with which if hee were furniſhed, hee made no doubt of keeping the Town; and it is cleare he loſt not the Town for want of money (for he hath not hetherto either in his printed Relation, Letters, or anſwer, affirmed, that hee ſurrendred the City or Caſtle for want of money,) then by his own confeſſion, hee muſt ſurrender them either out of treachery or cowardize, they being tenable, and furniſhed will all other neceſſaries for a ſiege but money.
Sixthly, He obſerved that Col Fiennes did never refuſe the place of Governour, as he ſhould have done had he been unwilling or unable to diſcharge it; That his importunity to quit, it, in caſe he could get no money, was with no intent to leave the place, but only to haſten the ſupply of moneys, it being the argument and retorick of moſt other Commanders in their Letters to the Parliament, to cry out for moneys, elſe all would ſoon be loſt, and they muſt disband.
Seventhly, That hee took on him the power and place of a Governour long before he had a Commiſſion, that hee drew and ſent out Ordinances to paſſe the Houſe to enlarge his power and territories for twenty miles ſpace round Briſtoll, and to ſettle himſelfe in an abſolute Government there. That he both earneſtly writ and ſent up twice to his Excellency for a Commiſsion by a ſpeciall Agent, that ſo he might be Independant; that hee accepted of the Commiſsion when it came, Yet never acquanted the City or Committee of Parliament with it, doing all things in a high imperious manner for the moſt part, of his own head, without their privity or adviſe, That hee held his Commiſsion without ſurrendring it till hee ſurrendred the Town and Caſtle to the Enemy, ſo unwilling was hee to depart with his Governorſhip. From all which he concluded, it was apparent he was ſo farre from refuſing, that he did ambitiouſly affect, if not injuriouſly uſurp this Government for his own private luchre, to the prejudice of the former Governour, and irreparable dammage of the whole Realm.
In fine, Evaſion 13.Col. Fiennes deſired Mr Prynne to prove: Firſt, That he ever undertook to his Excellency or the Parliament to make good the City or Caſtle, and not to ſurrender the ſame to the Enemy without their conſents: Which hee thrice denyed in his anſwer.
To which Mr Prynne anſwered:The Reply. That the very Law it ſelfe and common reaſon informes us, that every Governour of a Town, or Fort is to make them good, and not to ſurrender them, to the Enemy without the conſent of thoſe who committed their cuſtody to them, elſe very Governour might betray his truſt at pleaſure; This therefore being a condition in Law annexed to all Governours and Officers, and he confeſsing himſelfe to be Governour, (and that by a Commiſsion which no doubt enjoyned him to make good and keep the place in manner aforeſaid) needs no other proofe at all; the Law reſolves it, and therefore none muſt doubt or contradict it.
With this debate the proofe of the firſt Article was concluded.
Article 2.
The ſecond Article was proved by his own printed proceedings mentioned in a full Declaration, &c. p. 5. 6. 7 8. 15. By his Anſwer to the Article, and Relation to the Houſe of Commons, p. 15. And Mr Prynne informing the Councell, that he did not charge it criminally, being a lawfull Action done by direction of Parliament, but only by way of introduction and aggravation of the ſubſequent Articles and crime in ſurrendring the Town ſo treacherouſly and cowardly, after this his ſentence againſt, and execution of thoſe Conſpirators, it was paſſed over without further preſsing.
Article 3.
The third Article being likewiſe introductive, to aggravate his offence in the 4, 5, 6 & 8, Articles, was briefly proved by his own printed Relation, p. 4, 5, 6, 23. By his printed letter to his Excellency, confeſſed in part in his Anſwer, and to be further proved in proofe of the enſuing Articles, was thereupon briefly runne over: And ſo the firſt dayes hearing ended, with great diſhonour and diſadvantage to the Defendant, by reaſon of his denyall of thoſe apparent known truths, he was enforced (even with ſhame enough) to confeſſe, which loſt him much in the opinion of the Councell, and many of his own friends.