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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
the said Geoffry offered to prove it if any would deny it And further it was demanded of the said Iohn● If he would say any thing else and he said He would not Whereupon the said Constable was charged with the safe custody of the said Iohn and William untill the next day the Saturday next ensuing● and to bring them againe safe before the said Lords in the said Parliament at the place and day aforesaid At which day of Saturday that is to say on the twentieth day of November in the yeere aforesaid it was shewed unto them severally by the said Steward on the same day by the commandment of the Lords aforesaid how upon the answers that the said Iohn and William had given in the said Parliament as before is said the Lords of the said Parliament that is to say the King of Castile and of Leon and Duke of Lancaster Edmund Earle of Cambridge Edmund Earle of March Richard Earle of Arundel Thomas Earle of Warwicke Hugh Earle of Stafford William Earle of Suffolke William Earle of Salisbury Henry Earle of Northumberland Iohn Lord Nevill Roger Lord Clifford and many other Lords Barons and Bannerets being in the said Parliament who had assembled and advised together from the time that the said Answers were given in Parliament the Fryday untill this Saturday at three of the clocke of things touching the Answers aforesaid and came and examined diligently the said Answers and other Articles touching those matters and taking thereupon good and mature deliberation and due information of the most valiant and most discreet Knights and others ●eing in the said Parliament it was thus said First of all in manner as followeth to the said William by the Steward reciting the things aforesaid touching the said William It seemeth to the Lords aforesaid That you William who had taken upon you safely to keep the Castle of Outhrewyk as before is said That you William have without any duresse or d●fault of Victuals evilly delivered and surrendred the same to the enemies of our Lord the King by your owne default against all apparent right and reason and against your allegiance and undertaking aforesaid and having by due information read the case of the late Baron of Graystock who was a Lord and 〈◊〉 of the P●●●s of the Real● who had taken upon him safely to keepe to the aforesaid Grandfather the 〈◊〉 of B●rwicke The said Baron perceiving afterward that the s●id Grandfather addressed himselfe to ride into the Realme of France the said Baron without co●mand of the said Grandfather committed the said Towne of Berwicke to a valiant Esquire Robert de Ogle as Lieutenant to the said Baron for to keepe safe the said Towne of Berwicke to the said Grandfather and the said Baron went as 〈…〉 to the said parts of France to the said Grandfather● and there remained in his company During which time an assault of warre was made upon the said Towne of Berwicke by the said Scots and the said Robert as Lieutenant to the said Baron valiantly defended the s●me and at last by such forcible assaults the said Towne was taken upon the said Robert and two of the sonnes of the said Robert there slaine in the def●nce of the same Notwithstanding because that the said Baron himselfe had taken upon him the safeguard of the said Towne to the said Grandfather and depart●d himselfe from thence without co●●●and of the said Grandfather and the said Towne of Berwick was lost in the absence of the Baron ●e being in the company of the said Grandfather in the parts of France as is aforesaid It was adjudged by advice of the said Grandfather the King of Castile who is present the Nobles Dukes and Counts whom God ass●ile Henry late Duke of Lancaster the late Earles of Northampton and Stafford and Sir Walter de Manny That the said Towne was lost in default of the said Baron and for this cause he had judgement of life and member and that he should forfeit all that he had and to render this judgement in these words the said Sir Walter had a command from the said Grandfather Which things considered ●●d this also That you William surrendred the said Castle of Outhr●wyk to the enemies of our Lord the King aforesaid without any duresse or want of victuals against your allegiance and undertaking aforesaid the Lords above named sitting here in full Parliament adjudge you to death and that you shall be drawne and hanged But because that our Lord the King is not yet informed of the manner of this judgement the execution thereof shall be respited untill the King be informed thereof Whereupon it was commanded to the said Constable safely to keepe the said William untill he had other command from ou● Lord the King And as to the said Iohn Lord of Gomeneys touching his answers aforesaid it was shewed unto him by the said Steward how the said Lords had assembled and considered of the said answers as afore is said and moreover it was shewed to him how that in the time that Sir Ralph de Ferrers Knight had the custody of the said Towne and Castle of Arde the said Towne of Arde was not halfe so strong as it was at the time the said Iohn surrendered the same and the said Ralph had a command from the said Grandfather to surrender the same for the feeblenesse thereof before that the said Ralph would put himselfe into very great perill for the safeguard thereof notwithstanding the said Ralph valiantly defended and maintained the same against a ●ery great and strong assault of warre And thereupon and the things aforesaid and other evidences touching the answers of the said Iohn in this behalfe it was said in manner as followeth to the said Iohn being in Parliament by the said Steward reciting all things aforesaid touching the foresaid Iohn and also the forecited judgement of the said Baron and the cause thereof in manner abovesaid That it seemed to the Lords aforena●ed sitting here in Parliament considering your answers in this behalfe and the examinations and informations had thereupon as before and having regard also to this that there wer● lately sent unto you to the said Towne and Castle of Arde above the number of men with which you had at another time undertaken the safe guarding of the said Towne and Castle 20 men of Armes and 20 Arch●rs to enforce the same according to your reque●● then made to certaine Lords late being upon a message at Calys on the behalfe of the said Grandfather and this also that at that time it was said unto you by the King of Castile who is here present ●h●t if you could not well keep them you ought in no manner to undertake to keepe the same and that another should have and keepe them who would take upon him safely to keepe the same to the said Grandfather and his heires aforesaid and thereupon you undertooke to keepe th●m safely without surrendring them to any except in manner
done had the reward of a Traitor Robert King of Scots to whom he sold and betrayed the Towne putting him to death to save the King o●England the labour of hanging him for this Treason Sir * Iohn Annesley Knight in the Parliament of 50 E. 3. commonly stiled The good Parliament had accused Thomas Katrington Esquire of Treason for selling and delivering up the Castle of S. Saviour built by the Lord Iohn Chaundos within the Isle of Constantine to the French for an instimable summe of money when as he wanted neither meanes of defence nor victuals which Castle had it not beene thus traiterously alienated had descended to the said Sir Iohn in right of his wife being next heire to the Lord Chaundos offering to make good this accusation and trie it out by Duell whereupon the said Thomas Katrington was then apprehended and imprisoned but soone after by meanes of the Duke of Lancast●r and the Lord Latymer who then did what they pleased released being formerly their instrument and creature in peace and warre in all just and unjust in true and false things neither could the said Sir Iohn obtaine the effect of his suit till the Parliament of 3. Rich. 2. Anno 1380. some men affi●ming That it was against the Lawes of the Realme for any man of the Realme to fight such a duell for such a cause Many who * feared the like tax and ●ccusation did most of all hinder this triall but at last in this Parliament the ancientest and truth-speaking Knights of the Realme being assembled it was resolved that for a forraigne cause such as the present was which arose not within the limits of the Kingdome and for the possession of transmarine things it was lawfull for any man to fight a duell if the cause were before certified to the Constable and Marshall of the Realme and the duell accepted by the parties in their presence Where●pon a day of battell and Lists were appointed them in the Court at Westminster where this duell being solemnly fought on the seventh of Iune between these two Champions in the presence of the King Nobles and an infinite multitude of people the traiterous Esquire wa● vanquished by the Knight to the joy the of common people and to the griefe of Traitors the Esquire who fainted in the place died the next morning to save the hangman a labour else he should have beene ex●cuted as the * Navarrois was in 7. Rich● 2. when vanquished in a like Duell before the King and Lords in Parliament by Iohn Walsh Esquire whom he falsely accused of Treason done beyond the Seas against the King and Kingdome upon the like occasion though the Queen and many others interceded to save his life In the Parliament Rolls of 7. Rich. 2. num 24. I finde this Record Item Sir William de Elmham Sir Thomas Tryvet Sir Henry de Ferriers and Sir William d● Farndon Knights and Robert Fitz-Ralph Esquire who by the said charge formerly given in Parliament had beene with the Chancellour and acknowledged and confessed to him How that they had received certaine summes of Frankes of gold of the French in lawfull and due manner and not otherwise To which they said First of all that is to say the said Sir William of Elmham Thomas Tryvet William Farndon in one parcell three thousand Frankes of gold Item in another parcell c. Item the said Sir William Elmham received another parcell of the French for the Castle o●Burburgh whereof Master William de H●o was then Captaine and for the victuals of the said Master William de Hoo being in the said Castle of Burburgh two thousand Frankes whereof the said William de Elmham presently paid as hee said one thousand Frankes to the said Master William de Hoo and the other thousand Frankes he promised to pay at a certaine terme to the same Master VVilliam de Hoo c. Item there is another great misprision that some Lieges of the King rendered and delivered to the said enemies of the King Castles Fortres●es Victuall Armour and other refreshment without speciall comm●nd and authority of the King or of his Lieutenant but yet it is far worse to sell or alien to the said enemies any Fort Victuals Armour or other refreshment by receiving money or other goods of the said enemies without authority of the King or of the same his Lieutenant And Sirs you know well and cannot deny That by certaine Covenants made betweene the said French enemies and you the said Sir VVilliam de Elmham Thomas Tryvet Henry de Fertiers a●d VVilliam de Farndon and others of which there are certaine Indentures made and sealed with your Seales you lately made a Treaty with the said Enemies without the will or authority of the King or of his Lieutenant and by this Treaty and your sale of the said Forts Victuals and Armes you received the said summes of gold and by this and by other your affaires and rebellions made to your Generall the said host was spoiled and destroyed to the grievous dammage villany and contempt of the King our Lord and very great profit and comfort of the said enemies for which you are worthy to undergoe reproach and grievous punishment For you Sir VVilliam de Elmham received of the said enemies the said two thousand Frankes for the sale and surrender of the said Castle of Burburgh and of the Victuals Armes and other goods therein then being to a great number and value without the leave and authority of the King our Lord and the consent of the said Master VVilliam de Hoo Captaine of the same although that the said Castle was well able to have held out for a long time against all men And also you the said VVilliam de Elmham Thomas Tryvet and VVilliam de Farndon received to your proper use in common the said three thousand Frankes of the gi●t of the said enemies for your consent and aid to the said Treaty made upon the voydance of the English out of that Countrey and the deliverance of the Town of Graveling and of the other Fortresses then occupied in those parts c. And you the said Sir VVilliam Farndon are in another very great default because yo● would not carry backe to the said Enemies the five thousand Frankes by you left at Graveling against the will and command of the said Bishop your Chieftaine c. And the said Sir William de Elmham saith That although he hath so recived the summes a●oresaid yet it was done for Victuals Prisoners and other goods which he had within the Fortresse of Burburgh and elsewhere in those parts and which with the same Fortresse hee rendred by the said Treaty as of fine force he ought to doe for the salvation of himselfe and his people for otherwise the Towne of Burburgh where the Lord Beaumount Sir Thomas Tryvet Sir William de Elmham and a great number of the people of their Army were besieged and assaulted by the enemies in very