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A56157 The doome of cowardisze [sic] and treachery or, A looking-glasse for cowardly or corrupt governours, and souldiers, who through pusillanimity or bribery, betray their trusts, to the publick prejudice Containing certaine domestick lawes, heretofore, lately made, and judgements given against such timorous and treacherous persons; fit to be known in these unhappy times of warre. By William Prynne, utter barrester of Lincolnes-Inne. Imprimatur Iohn White, Octob. 23. 1643. Prynne, William, 1600-1669. 1643 (1643) Wing P3947A; ESTC R212960 27,332 24

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by Sea or Land let him lose all that is his and his very life and the Lord may lay hands on the land which he had formerly given to him And he who shall be slaine in War before his Lord be it in the Land or elsewhere let his reliefes be pardoned and his heires enjoy his Monie and Land without any diminution and divide it among themselves By the Statutes of 18. H. 6. c. 19.7 H. 7. c. 1.3 H. 8. c. 5.2 E. 6. c. 2.4 5. Phil. Mary c. 2.3.5 Eliz. c. 15. It is made no lesse then felonie and death for any Souldiers to depart from their Captaines without their license under hand for which many Souldiers have been condemned executed a● you may read in Sir Edward Cookes 6. Rep. f. 27. in the case of Souldiers And before these Statutes Thomas Earle of Lancaster was (h) proclaimed a Traitor by the whole Armie in the .12 Yeare of King Edward the second for departing in discontent from the Ar●ie at the Siege of Berwick by meanes whereof it was not taken and the Siege raised If then deserter● and forsakers onely of their Captaines and Military Service are punishable with death then much more such Cowards and Fugitives who (i) like the Children of Ephraim being armed and carrying bowes turne their backs and flie in the daie of battell or refuse to (k) stand in the gap to make up the breach and repulse the Enemie For presidents of proceedings and judgements against Cowardly Souldiers and Governous of Forts take these ensuing insteed of many (l) Henry de Essex standard-bearer to the Kings of England by right of inheritance was accused of high Treason in the second yeere of King Henrie the second by Robert de Montford his neere kinsman vanquished by him in a Duel● at Reading for his Cowardlie abandoning and throwing down the Standard Royall i● Northwales in the Battel against Prince Owen amidst the mountaines flying when fiercely assaulted by the Welsh wherby the Kings Armie was endangered to be Routed whereupon though his life was pardoned yet his lands were seised into the Kings hand and he shor●e and shut up a Monke in the Abbie of Reading where he died In the Parliament Rolls of 1. R. 2. Num. 38● 39.40 I finde this notable record which I shall transcribe at large Item whereas it was praied by the Comm●ns that all those who have rendred or lost Castles or Townes through the verie default of the Captaines might be put to answer it to thi● Parliament and severely punished according ●o their desert by award of the Lords and Barronage to eschew the evill examples which they have given to other● who are Governours of Townes and Castles it was commaunded to Sir Alexander de Buxhall Constable of the Tower of London that he should cause to come before the Lords in Parliament at Westminster on Friday the 27 day of November in the yeere afor●said Sir Iohn de Gomineys and William de Weston apprehended and detained in the said Tower by the command of our Lord the King because they had lost and rendered such Castles and Townes to the Enemies of our Lord the King to answer thereunto upon the Articles which shall be surmised against them for the said cause on the behalfe of our Lord the King Upon which day of Friday the said Iohn and William being brought by the said Constable before the Lords aforesaid in full Parliament sitting in the white Chamber they were severally arraigned at the Commandement of the said Lords by Sir Richard Lescrop Knight Steward of the house of our Lord the King in manner as ensueth William de Weston you tooke upon you from the most puissant Prince whom God assoyle Sir Edward late King of England Grand-father of our Lord the King that now is safely to keepe to him and his heires Kings of England the Castle of Outhrewyck without surrendering 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 surrendered the same to the Enemies of our Lord the King without command from him to the dishonour or dammage of him and his Crown and of the Estate of his Realme of England against your allegiance and undertaking aforesaid What will you say hereunto (m) Whereupon the said William said that he had put his answers in writing and produced before them a Cedule containing many thi●gs comprised within the same and came and read the said Cedule in full Parliament Whereupon it was demanded of him by the said Steward if he presented b●fore them this Cedule for a finall answer in this behalfe or not And hereupon the said William prayed that this Cedule might be redelivered to him and that he might put in his finall answer which Cedule for the cause aforesaid was redelivered to him and after the said William delivered the said Cedule with an addition put thereunto in full Parliament for his finall answer in this behalfe the Tenor of which Cedule is such as followeth To the most sage Councell 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 rendered the Castle of Outhrewyk 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 enformed by a spie that a great power of the Enemies would come upon him to besiege the said Castle with very great and very grieuous Ordnances whereupon he the said William presently by his Attorney and by his Letters required of the said councell that it would please them to re-enforce the said Castle with m●re men for the defence and safegard 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 all through his default was left without people sufficient for to keepe and defend the said Castle any long tim● which he beseecheth you to take into your just and benigne consideration Also please you to know● how upon a Munday about one of the Clocke the enemy came to be●●eg● the said Castle to the ●umber of about 2600 Men of Armes and 700 Arblasters Genevoyes and with 5000 of the Commonalty of the Countrey having nine great Cannons divers Engines and one * Morter-piece beyond all measure greater then ever they had
great number and the Towne within set on fire had beene taken by them by force and all those within it take● or slaine and therefore he conceiveth that in doing this hee hath done nothing amisse But notwithstanding if it appears to the King our Lord that he hath done any thing amisse he puts himselfe upon his noble grace c. And the said Chancellour in replying to the said Sir William de Farndon Henry and Robert saith c. And certainly as to this which you Sir William de Farndon say That it had been better to cast the said gold into the Sea then to have sent it backe to the said enemies This is not true for it had beene better that the enemies had recived their owne gold then any Traitor of the King our Lord and he who shall hereafter sell the Fortresses of the King to the enemies for gold or other their goods may excuse himselfe in such manner as you would now excuse your selfe And after these matters thus by the same persons alleadged for their excuse being considered and held and adjudged insufficient for their excuse in this behalfe The said Chancellour in behalfe of the King spake thus It is accorded in Parliament that you Sir William de Elmham Thomas Tryvet Henry Ferriers William de Farndon and Robert Fitz Rauf shall make agreement and full paiment to our Lord the King of whatsoever you or any of you have so received and taken of the enemies aforesaid and further that all you the said Sir William de Elmham Thomas Henry and Robert be committed to prison and there ransomed at the will of the King for your misdeeds aforesaid having due consideration of the quality and quantity of that deed which every one of you hath don● And that you Sir William de Farndon because that you have received of the said enemies divers summes of gold and have given them horses to their great refreshmen● for which you had no license of the King nor of his Lieutenant shall be in the mercy of the King body and goods to doe with them what he pleaseth In the Parliament of 28 Henry 6. Rot. 50 51 52. the Commons preferred divers Articles of high Treason to the King and Lords against the * Duke of Suffolke a●ong others these ensuing That he being Ambassadour for the King of England to Charles calling himselfe French King promised to Reynor King of Sicile and to Charles Dangers his brother enemies to the King the release of Angeou with the deliverance of the County of Maine and the City of Mault or Mauns which promise after his returne he caused to bee performed to the Kings disinheritance and losse irrecoverable and to the strengthning of his enemies and feeblishment of the Dutchy of Normandy To the which Article hee answered That his Commission was to conclude and doe all things according to his discretion for the obtaining of a Peace and because without delivery of those Countries he perceived the Truce could not be obtained he agreed to the release and deliverance of them Item the said Duke within this your Realme hath untruly counselled you to grant fro you without due consideration the Castle of Mawlyon de Sooll and full many divers other great Lordships Seigh●uries Places Offices Profits Revenues Casualties and Commodities within your said Dutchy of Guyan whereby your power there to support your Warres and Armes and to pay the wages of your great Councellors Captains and Souldiers hath beene so enfeebled that your people of the same Dutchy neither your land there might in no wise be defended Item the said Duke of Suffolke without deliberation and advise of Your Counsell hath caused Your Highnesse to grant to divers persons many Captaines Offices Townes Lordships Places Interesses Profits and Revenues within Your Realme of France and Duchie of Normandy to such persons as were not to You profitable nor able nor convenient to have or Governe any of the premises nor ever had deserved to obtaine of Your Grace any such grant which hath been done by him for his great availe and lucre and hath been one of the greatest meanes of the losse of the said Realm of France and Dutchey of Normandy * The Duke upon these Articles was committed to the Tower for one moneths space to pacify the people and then released by the Queenes meanes who intirely loved him whereupon the Commons were so far from being pacified that they were more enraged openly denouncing that it was a shame to all the whole Realme to see such a person guilty of so many misdeeds either to rule about a Prince or to be had in honour or suffered to goe unpunished Vpon this the Commons rising up in divers places of the Realme in Companies under Captaine Blewbeard the Commons in Parliament earnestly beseeched the King that such a person as assented to the release of Angeou and deliverance of France c. might be extreamely punished and tormented and to be privie to this Fact they accused as principall the said Duke of Suffolk with John Bishop of Sal●bury Sir James Fines Lord Say and others Whereupon the King plainly seeing that neither glo●●ing would save nor dissimulation appease the continuall clam●r of the importunate Commons against the Queenes Darling and his complices to begin a shore pacification of so long a broile first he sequestred the Lord Say being Treasurer of England from his Office who for the same offence was after committed to the Tower and after that beheaded by Jack Cade and the kentish mutineers at the standard in Cheape-side who carried his Head about the streetes of London fixed on a p●le c. And then by his owne authority assembling all his Lords Spirituall and Temporall together on the 17 day of March in a Chamber over the cloysters at Westminster hee arraigned and banished the said Duke for five yeeres against the Lords and Commons consent who would have capitally proceeded against him meaning by this exile to appease the present furious rage of the people and that pacified to recall him to his old estate as the Queenes chiefe friend and counsellour But fortune would not that hee should so escape for when he was shipped in Suffolk intending to be transported into France he was encountred by a Sip of VVar appertaining to the Duke of Exceter of which the Constable of the Tower of London was Captaine who entring the D●kes Ship with small ●ight brought him to Dover rode and there on the side of a Cock-boate cut off his head as a Traytor and there left his body and head upon the Sands S●●h was the end of these two ill Councellors onely for advising this weake King himselfe thus dishonorably and Cowardly to surrender up these Townes Forts and Territories in France to his Enemies to purchase an unhappy peace to the Kings and Kindomes i●reparable great dammage dishonor weakning and the Enemies extraordinary advantage strengthning and encouragement To these I shall subjoyne one