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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
seene any before in those Marches and the same houre presently a great number o● the men of Armes and Arblasters aforesaid came before the Gates for to assaile the said Castle and at this time a Knight of theirs was slain who was Cosin to the Lord de Clisson as was reported and many others were likewise then slaine and wrecked and within a short time after they began to discharge and shoot● with their Ordnances and other Engines and so continued their assault from one day to another that is to say Tuesday Wednesday Thursay and then were the Walles and houses of the Castle battered downe and bruised in many places and they had likewise by force trenched the Ditches of the said Castle in three places so as all the water was drained out and that night came a great party of them and by fine force made an assault and abated the Baracadoes and the next day which was Friday they came about day-breaking with all their Forces to assault the said Castle but with Gods assistance they were yet repulsed with force from their assault and of the one part and other there were some slaine● and wounded And the same day the Marshall of Burgone sent to the said William and others of the said Castle to render it Whereupon having consideration that the said Castle could not be kept as w●ll in regard of the small number of the people as by reason that the Walls in many pl●ces were enfeebled by their marvellous Ordnances there was a Treaty with the Lords to this end that the said William and his companions might advise themselv●s against the n●xt morning And so they departed each to their own Also this same night the Enemies caused all their Ordnances Engines Morter-piece and Cannons and Fagots with ●●aling-Ladders Galleries and all other nec●ssaries to be drawn up neere to the very Ditch of the aforesaid Castle and the next day which was Saturday they made all things ready plainely for to assault the place And then first of all they sent an Harold to the said William to know if the said Castle should be rendred to them or not Whereupon the said William by advice of the wisest of ●is companions taking con●iderati●n how that the said place was destroyed and enfeebled with their Ordnances and also that they were too few men for its defence by reason that 12 of their companions were in this time slaine wounded and sicke so as there remained of all the people of the Garrison in health but onely 38 men to defend the same hereupon by common assent the said Castl● which could be kept no longer was by ●orce surrendred for to save their lives granted to them● and their go●ds and that all th●se things aforesaid are ●rue the said William puts himselfe upon his proofe according to your discr●ete Ordinances Also it is to be rem●mbred that when the said C●stle was thus rendered as aforesaid certaine French people bargained with the said William for his Victuals to buy them tog●ther with c●rtaine prisoners which the said William held imprisoned within the said Castle for which things he received of them for his paiment 1500 Frankes of which he paid to his Companions for part of their wages which was behind unto them for one quarter of a Yeare and an halfe 78 Frank●s likewise after was paid at Caleys for the victuals of the said C●stle before that time du● 442 Frankes Also for the passages of the said William and of his companions unto England and lik●wise for the expences of the said William being at Calleys 135. frankes And therefore the said William prayeth in this regard your justice and benignity seeing by envious suggestion he hath against all reason beene accused whereby his estate and name by the grievous sin of misinformers and he also are ruined having likewise consideration that out of his proper goods he hath for the greater part paid his companions their wages which were due unto them as aforesaid and also for the great costs he hath beene at before this time for to victuall the said Castle for which he hath given his obligations in divers places and oweth great summes by reason whereof he is on all sides undone● if your just benignity doe not succour him that you would be pleased for Gods sake and for pity to ordaine likewise for him that he may by your discreet noblenesse recover his estate and goods Also the said William Weston sheweth How the first day when the enemies came before Arde that he went in haste to Caleys unto the Captaine and desired of him more succour and aid of men for the better guarding of his Fort of Outhrewyk and to defend it if the enemies should come thither And the Captaine answered him briefly That he would not deliver nor give him aid nor succour at the said time because he doubted that the said enemies would come before the Towne of Caleyes And the said Cedule being vi●wed and read in full Parliament immediately after was the said John brought thither by the said Steward in the manner following Iohn Lord of Gomineys you tooke upon you to the most puissant Prince whom God assoile Sir Edward late King of England● Grandfather to our Lord the King that now is safely to keepe to him and his heirs Kings of England the Towne and Castle of Arde without surrendring the same to any person except to the said Grandfather and his Heirs or by commandment of him or of his Heirs these have you Lord of Gomine●s in time of our Lord the King that now is true Heire to the said Grandfather delivered and surrendred to the enemies of our Lord the King without commandment from him to the dishonour of him and of his Crowne and of the estate of the Realme of England against your undertaking aforesaid What will you say thereunto Whereupon the said Iohn answered That the said Towne and Castle of Arde were so weake that he could not well keepe them against so great a power of the enemies which was then ready to affaile the same Towne and Castle and therefore he caused to assemble all the Knights Esquires and others being in the said Towne and informed them of the perils of the said Towne and force of the said enemies and by common counsell and assent of the said Knights Esquires and others he issued out to the enemies to treat with them for to save the Lieges of our Lord the King being within the said Towne and Castle of Arde without that that he ever took any thing for to surrender the said Towne and Castle of Arde Upon which one Geoffry of Argenton Knight said in full Parliament to the said Iohn That he the said Geoffry was at that time in the said Towne in company of the said Iohn and that the Towne and Castle of Arde were never delivered nor surrendred by his counsell nor assent but that he was alwayes ready to die and live upon the safeguard of the same and
the King as before is said And moreover the said Chancellour said in the behalfe of the King Sir Bishop although the King our Lord might clearly handle and judge you as a temporall person of his Realme because you have behaved and carried your selfe a● a temporall person for you expressely oblieged your selfe to the King our Lord by your Indentures to be a Souldier of the King to governe the Christian people after the terme of your Crossado ended and you used commonly to have your Sword carried before you and you did many other such like thing● every day publiquely as a Lord temporall against the common custome of the estate of a Prelate of England Notwithstanding by reason of your estate the King our Lord of his grace will forbeare for the present to lay his hands upon your body But for as much as he is informed that you your selfe have complained to many Lords of the Realme that wrong hath beene lately done you on the last day affirming by your words that that which was done passed not at all by assent or knowledge of your Peeres of the Realme this is greatly to be marvelled of you and of these your words seeing the ill successe toucheth nothing at all your Peralty but onely certaine misprisions which you have made and perpetrated as a Souldier of the King against the forme of your Indentures and Covenants which you have made with the King our Lord to the great dammage of the King as before is said whereof the conisance and punishment of common right and ancient custome of the Realm of England onely a●d totally appertaineth to ou● Lord the King and to no other And true it is that you have not at all by this your last answer any whit amended your matter in excuse of your selfe upon the things surmised against you but as it seemes have more greatly impaired the same Wherefore by the assent of the Earles Barons and other Lords temporall present in this Parliament it is assented and accorded that you shall be in the mercy of the King● and put to a fine and ransome for your misdoing according to the quality and quantity thereof And to doe this yo● shall be compelled and constrained by the seisure of the temporalties of the Bishopricke of Norwich And the King commands you that from henceforth you shall not cause nor suffer any sword to be carried before you as it hath been done under the perill which shall follow And it is expresly accorded in this Parliament that whatsoever hath be●● expended on your use of the said Franks of gold you shall make full payment thereof in the Treasury of our Lord the King without delay or difficulty * Upon this Judgement the Temporalties of this Bishop were immediately seised into the Kings hands and detained in them a long time for this his surrender of Graveling a●Walsingham Holinshed Grafton Speed Trussel in their Histories and Godwin in the life of this Bishop attest who had lost his life had he beene a Lay-man onely for the surrender of Burburgh and Graveling which were manfully defended against a great power of the French till aid was sent for into England and Letters received from the King but the aid not comming so speedily as was expected to him he compounded with the French to rase Graveling to the ground and to depart whether he would with his bag baggage and men And yet for all this he was thus censured in Parliament because he held not ou● the Towne to the uttermost though the enemy gained it not and himselfe had formerly won it from them In this very Parliament of 7. R. 2. as I read in * Walsingham and in Holinshed Speed Grafton Trussell out of him newes came from the Northerne parts that the Castle of Berwicke was taken by the Scots whose custody Henry Percy Earle of Northumberland then possessed by ancient right the Scots for money fraudulently getting entrance into the said Castle by one who had the custody of it at the second hand under the Earle Hereupon by Duke Iohns procurement as was reported the said Earle on the fourth of December for the losse of the said Royall Castle by the Judgement of the Lords and of the King then present in the said Parliament had a sentence of condemnation publikely pronounced against him notwithstanding that the said Earle had beene summoned to the said Parliament by the Kings Writ and would rather have tarried at home for the defence of his Country But the execution of the said sentence was soone after released by the King and the Earle by his indulgence restored to his life and possessions which he was adjudged to lose Whereupon he posted into the North and calling his Forces and friends together strongly besieged the said Castle and in few dayes took it by composition he giving the besieged their lives moveables and two thousand markes to surrender i● And thus hee was taught to keep his Forts more wisely for the future and to commit the custody of them to more trusty and valiant persons The Lord * Wentworth Governour of Calleys delivering up that Towne to the French after they had taken the Castle by force made a breach in the Towne walls and slaine above fourscore of the Garrison at one assault when they tooke the Castle together with Sir Anthony Ager Marshall of the Towne and his sonne and heire and that upon dishonourable termes not without some suspition of treachery he was thereupon endicted in Queene Maries dayes for his cowardly and treacherous surrender of this Town contrary to his trust and after that was arraigned at Westminster in the first yeere of Queene Elizabeth the Marquesse of Northampton bei●g his Judge and Lord chiefe Steward of England for that day But that noble man so nobly defended himselfe that hee was acquitted by his Peeres and wan a most honourable opinion for his many and faithfull former ●●rvices otherwise he had lost his life Anno 27. H. 6. Caen being besieged by the French * the Duke of Sommerset Governour of Normandy then in it being more pitious then hardy moved with the dolour and love of his wife and children called a Councell of warre and would have surrendred it to the enemy upon composition But Sir David Hall being Captaine of the Towne under the Duke of Yorke owner of the Towne by the Kings gift would not consent thereto without the Duke of Yorkes assent though the Duke alleadged he was the Kings Deputy there representing his person and might doe what he pleased according to his discretion it being committed to his immediately trust To give you some few Domesticke Examples of the punishment of treacherous surrenders of Fo●ts and penalties inflicted for the same * Anno 1312. being the twelfth yeere of Ed. the 2. his reigne Peter Spalding to whom this King had intrusted the Towne of Berwicke treacherously sold and betrayed the same of the Scots for money But Spalding after the Treason