THat your Petitioners, by publike Proclamations (posted up at Westminster, and the Exchange,) and by private Summons, were involuntarily ingaged by Colonell Nathaniel Fiennes (who by severall Orders of this House, upon his owne spontanious Motions, put himselfe upon the triall of a Councell of Warre, declining the Parliament, though a Member of it) to exhibit Articles of Impeachment against him, not out of any private interests, but onely in the Kingdoms behalfe; that he, contrary to his trust, duty, and sun­dry promises, to defend the City and Castle of Bristoll (of which he was Governour) 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 traiterously surrender the same, with all the Ammunition, Canon, Armes, Magazines, Provisions, Prisoners therein, and the very Colours too, into the hands of Prince Rupert, and other common Enemies of the Kingdome, upon the entring 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 beene 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 dayes (though he wanted neither Men, Ammunition, nor Victuals to have defended the same for three moneths space or more, against all the Enemies power,) to the irreparable dammage of the Republike, the losse of the Westerne parts, the hazard of the whole Realme, and infinite inriching, strengthning, advantaging of the com­mon Enemy both by Land and Sea, &c. Upon which Articles, after a full and honourable hearing for nine dayes space, before a Councell of Warre at Saint Albanes, the said Colonell 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 Councels 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 forgivenes; 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 cowardize and treachery, and condemned onely for not firing that famous City, which his conscience would not permit, nor the Parliament in honour could not have suffered him to doe; That his guard continued upon him but two daies after sentence, that he is already set at liberty, pardoned, (though we humbly conceive no person can The King himselfe can­not pardon an offence or in­jury against the Common-wealth, 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 speciall order of both Houses,) and shall shortly sit in the House againe. By reason of which false reports your Petitioners, for their cost and paines in this publique prosecution, have been much defamed; his Excellencies, and the Honourable Councell of Warres proceedings insufferably traduced, truth disguised, the well affected party discontented, malignants mouthes opened to complaine of partiality, the Honour and Justice of the high Court of Parliament princi­pally interressed in this tryall (directed by severall 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 Cowardize, if this signall leading president of grandest publique concernment, shall be thus openly traduced, and the execution of it so suddenly, so sleightly 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 Councell of War, World, not yet making the least acknowledgement of, submission or satisfaction for the same, and denied at the tryall that Colonel Essex was ever Governour of Bristol, or that he did apprehend or remove him, or that himselfe was ever Governour of this City or Castle, or undertooke to defend the same, or had any Commission to keepe it, but onely to keepe his souldiers in order; the contrary to all which appeared by his owne evidence, and that he hath twice sent for, received, accepted an independent Commission by all possible waies and meanes 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 losse of Bristol and the West, with Our prosecution of this cause, (proceeding meerely from his owne sollicitation) to an Honourable member of this House now imployed in great command, with happy successe; most falsely averring to the Councell, That he was thus eagerly prosecuted by your Petitioners, at Sir William Wallers instigation, onely for the great affection which he and his father did beare, and the good service they had done to my Lord Generall 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 de­terre others from like slanders; your Petitioners, and others defamed by them, such just reparation in their Honours, as may encourage them to doe Your Honours and Kingdome further service; and the Delinquent such impartiall execution, as shall most redound to the Parliaments, Republikes future security, and prevention of Offenders of this nature, without which no safety can be expected.