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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
presi●ent more of a different nature necessary to be knowne and considered of by all Captaines and Commanders who defraud Souldiers of their wages or the republiks to enrich themselves * In the fifty one yeere of King Edward the third Sir Iohn Minsterworth Knight was arraigned of Treason at the Guild-hall in London before the Lord Major and other the Kings Justices for that he had received great summes of Money of the King to have paid his Souldiers withall and did it not but kept the said summes of Money to his owne use and then fled to the French King whereupon he conspired against his naturall Prince and Sovereigne Lord of the which Treason hee was found guilty and therefore had judgement to be hanged drawne and quartered which was executed accordingly Indeed the Statutes of 18. Henry 6. c. 18.7 H. 7. c. 1.3 H. 8. c. 5 2. E. 6. c. 2. Prescribe a milder penalty a●Fining Imprisonment Cashiering forfeiting of all Goods and Chattels to Captaines and Commanders who shall abate their Souldiers Wages or defraud them of their pay or receive more pay for Souldiers then are actually in service under their Commandes the Case some say of too many Captaines now in these times but anciently this was and in rigor of Law still is no lesse then a capitall offence which should make all Commanders honest faithfull in this kinde for feare of capitall Censures if conuicted of such an injurious fraudulent Crime I shall close up these ancient Lawes and Presidents with some others of very late Edition Hi●Excellency the Earle of Essex Lord Generall of the Parliaments Forces in his Lawes and Ordinances of War established for the better conduct of his Army Printed at London September 1642. Hath published ●his Law in Print concerning the yeeld●ng up of any Towne c. VVHOSOEVER yeeldeth up ANY TOVVNE FORT MAGAZINE VICTVALL ARMES AMVNITION or that MENTIONETH any such thing BVT UPON EXTREMITY and that to the Governour or in Councell SHALL BE EXECVTED AS A TRAITOR This Law is very punctuall and penall yea so plaine● that it neede● no explanation onely it may be doubted what may be called extremity For this I shall referre you to the forecited Cases of VVeston Gomeneys Cressingh●m Elmham and the Bishop of Norwich and to that incompaable late Martiall Prince the King of Sweden Gustavus Adolphus his Military Lawes touching the Surrender of Townes where hee reduceth extremity to these three heads First if the Garrison be reduced to an utter extremity of all eatable things whatsoever be it Skins or Hides so as they have no kinde of Foode whereby to subsist but must necessarily perish by Famine if they yeeld not Secondly If there be no hope at all left them in such a Case of any succor and reliefe Thirdly If without Parlying at that very instant both the Forts Men and Armes must of necessi●y fall forthwith into the hands and power of the Besiegers If the Governour of a Towne or Fort can prove by pregnant Testimonies that hee was really reduced to all these extremities then he is to be acquitted upon his triall but if he faile in the reall proofe of any of these three then hee is to be condemned and executed as a Traytor by this Kings Martiall Lawes And whether all the Townes Castles Forts late in the Parliaments possession and since by the Governours thereof surrendred to the enemies hands by composition without the Parliaments and his Excellencies previous consent● or privities have been first reduced to all or any of these extremities before they were yeelded up I referre to their most vigilant just and honourable Examination whom it most concernes dilig●ntly to inquire thereinto for their owne and the whole Kingdoms future security and severely to punish all timorous and treacherous Governours who out of Cowardize or Avarice have betrayed their Trusts and in them the Parliament and whole Kingdome as much as in them lay as well as the particular Townes and Forts committed to their custodie Upon this very Law and the Common Law of the Realme * Master Tomkins and Master Challenor were lately arraigned condemned and executed by Martiall Law in London and some others their confederates arraigned and condemned though not executed in June and July last for endeavouring to seize upon the Lord Major and Committee of the Militia for London with some Members of the Parliament House and to surprise the Tower of London the Cities Bulwarks Forts Magazines Gates and other places of importan●e in the City and to let in the Kings Forces to surprize the same though they brought not this plot to such maturity as to put or indeavour presently to put it into execution Yea by colour of the same Law * Colonell Thomas Essex late Governour of Bristol was suddenly apprehended and sent up prisoner to London by Colonell Nathaniel Fiennes who succeeded him in the Government of that City and the Castle thereof upon some jealousies and presumptions only That the said Colonel Essex would have surrendred the said City and Castle into the Kings ●ands had his Forces come th●re and that before they were fully fortified though he never actually attempted any such surrender The case of Sir Iohn Hotham for Hull too And not long after divers Citizens of Bristol were apprehended imprisoned and put to their severall fines and ransomes and two of them namely Yeomans and Butcher arraigned condemned and executed by martiall Law in the streets of Bristol by Colonell Fiennes onely for conspiring to deliver up the said City and Castle to Prince Rupert and the Kings Forces when they came first before it though they effected not their designe and that before the City or Castle were compleatly fortified And yet I know not by what ill fate or accident that Noble City and Castle which even in William Rufus his reign was stiled * Castrum Fortissimum A MOST STRONG CASTLE the Metropolis Magazine chiefe Mart and Bulwark● of the Wester●● parts of infinite importance to the Parliament and kingdome as this Colonell himselfe attesteth in his printed * Relation after it was strongly ●ortified victualed for three moneths s●ege or more furnished with 55 piece of Cannon mounted in it besides Murderers and smaller pieces manned with neere two thousand Foot souldiers and 300 Horse or more stored with no lesse then 60 Barrels of Powder in the Castle onely when surrendered 10 more then Glocester had when it began to be besieged besides what was in the Forts and City Match sufficient 500 Cannon shot or more 50 great Granadoes never one of them used and furnished with all manner of necessaries for a long brave defence and leaguer was in lesse then * ●oure daies siege and the losse only of seven or eight Garrison souldiers with the death wel-nigh of one thousand of the enemies before any out Forts were taken or the Towne or Castle-walls battered or assaulted upon a breach made only in the Line of