A check to the checker of Britannicus: or, The honour and integrity of Collonel Fiennes, revived, re-estated, and cleared from certain prejudices and mistakes, occasioned by late mis-reports.: The proceedings of the honourable Councell of War, according to the article of war justified. The pardon of his Excellencie the Lord Generall Essex asserted, and the grounds of it declared, and presented to the consideration of all. With certain considerable queries of publike concernement. Britannicus for his eminent service to this cause, Parliament, and kingdome, encouraged and vindicated from a late aspertion, in this occasion by a grose, seditious, and abusive pamphlet, called, a check.

Argument VII.

IT appears by this, that the Article of Warre is the hinge upon which this sentence only moves, here is no Concomitant expression of Cowardize or Treachery, so as the guilt is externall, and not internall, a guilt of disproportion and want of Commensuration to the Article, and whereas there is this clause, That hee held not the same to the utmost extremity; that is according to the tenour of the Article, for extremity is here consi∣derable under a double notion; as extremity is common∣ly understood and received: hee held it to the height of that notion, as I have cleerly remonstranced, but as ex∣tremity is received in a Martiall interpretation, relating to the very Article of War there, and only there hee is criminall, and upon this hee was condemned for not comming up to the height of that extremity▪ and though the Martiall Justice allows of no plea in that disproportion, yet there is a morall equity to be conside∣red here, which qualifies his not c••mming up to the last extremity, and this his Excellency considered in his par∣don: First, he must have burned the second City of the Kingdome to the ground, contrary to the constant pra∣ctice and policy of War, to the principles and rules of the Parliaments Protestations and proceedings, and to all the violencies and villanies which are the sad conse∣quences of an enraged Enemy entring such a City by force, having been exasperated before by the losse of a∣bove a thousand of their men, and amongst them foure Colonels and divers of quality; besides by such an act a considerable body of horse & foot, must necessarily have been broken, which by terms of competition might,

and by the Articles▪ were to be preferred for the service of the Parliament, in a time when we all knew they had so great need of men, Sir William Wallers Army being ruined, and his Excellencies very weak, and besides all this, many of the towne, resolving to joyne with the ••nemy to prevent it, and having great opertu∣nities to doe it in, in regard of the difficulties in making a retreate, so as those thinges inpartially considered, though they excuse not the Colonell a toto▪ yet a tanto, from transgressing against the Article of warre, yet they do take off from the malignity, and degree of the Crime▪ And it seems a diviner Law had the greater influence upon the Colonels soul at that time then the Law of war, & he would not do so much evill, that good might come thereof; and he was loath to set up such a fire to the King∣dome, and to light up the first Beacon of Desolation, and Devastation to the countrey, and I cannot but say this, we stand now upon more advantageous ground, and may now take a better prospect, and have a clearer Lant∣skipt of the effects and consequences, and inconvenien∣ces, then hee could have at that time; it being an easie thing to mistake the passage of Counsels, and the fairest landing-places of Designes in Exigencies, and Distracti∣ons of that Nature; Though he did it not without ad∣vice of his Counsell of warre too.

And for the Article of warre, it is the Summum Jus, and no question but Lawes and Ordinances of warre have their Policy, as well as Equity, and there▪ is an in∣terpretative Justice which they admit off, as in the case of the late pardon after sentence, they are made and con∣trived by that power which hath an eye to his Suprema∣cie, in being able to dispense, and qualifie the Justice of that Law which a 1.1 he makes himselfe, for if the Letter

did not admit of these saire and mercifull interpretations, it were a killing Letter, and we know this State hath bin long in debate concerning the giving way to the Justice of War, or mercifull Law, being almost afraid to admit of a Law, so sharply pointed, but that the necessity (which is the supream Law) called for it.

Notes

• a 1.1

  These are to authori••e you to print for the use of the Army, the Lawes and Or∣d••nances of Warre, by me established ESSEX, Novemb. 25. 1643.