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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
the souldiers which he had with him at Drinkham none would there continu● with him upon the safe guard of the said Castle but onely 5 persons in all by reason of which great necessity he was forced in safeguard of his owne person and his people to make a Treaty with the enemies for to deliver up the said Fort and thereupon he did it and not for any other cause nor in any other manner but onely by constraint of the power of the said enemy as aforesaid And further he saith that he never received any thing from the said enemies by way of gift or in any other manner whereupon he conceiveth that no man ought to impute any manner of blame nor of reproach unto his person But if it shall be thought that he hath done ill in any manner he puts himselfe most humbly into the grace of his Liegelord And because that this excuse seemed not at all to be sufficient● though a better then many now can make for themselves he was committed to prison there to remaine untill the King our Lord had otherwise declared his pleasure concerning him In the same Parliament of 7 R. ● Num. 22. The Bishop of Norwich generall of the Forces sent over into Flaunders having 4 Articles exhibited against him in this Parliament touching that expedition and the surrendering of Graveling to the enemy to which he had given some former answer see Num. 15.17 20 21. upon his second Arraignment had this proceding At which day the said Bishop rehearsing the 4 Articles surmised against him formerly in Parliament and in presence of the King himselfe gave the●e his answers such almost as before concerning all the things aforesaid adjoyning thereunto that the time when he heard the newes that the vantguard of the host of France was entered the County of Flaunders and that thereupon the said siege of Ipre was thereby removed he tooke a resolution to have encountered the vantguard for to have fought with them which purpose of his he could not performe by reason that the Captaines of his Host would not a●sent thereunto but those Captaines and others of his h●st contraried him in so much that of necessity and for doubt of the enemies they ought to depart and betake themselves to their Fortresses and thereupon the said● Bishop returned to the Town of Graveling the same would he have held out well enough against all men and did hold out untill the other Captaines had rendered their Forts to the French and after that untill that s●me English might com● unto him incontinently although there were well-nigh about 6 or 7 thousand English lying upon the sands neere Calyce who were made to come out of the said Forts rendered to their great mischiefe and prejudice because they had not wherewith to live neither could they have entrance into the Towne of Galeys And for as much as the Truce made before that time ought to cease within two or three daies then next ensuing the French had a purpose to run upon them and slay them all as soon as the said truce was ended which slaughter if it had beene made would principally have turned upon the said Bishop and after on the other Captaines to farre greater villany and mischiefe then any other thing could bring the Bishop was thereupon required and charged on the behalfe of the King himselfe that he should render the Towne to the enemies or else demolish it and goe his way to succour the said people and after that towards England in salvation of himselfe and others of his host for they said that if any thing else but good had hapned to the said people lying on the sands they would have truely called the said Bishop to an account before the King himselfe Whereupon it * behoved him the said Bishop to abate and voyd the said Towne of Gravelynge as it was lawfull for him to doe at his pleasure being gained by his proper conqu●st from the enemy And for this and for the other reasons formerly alleaged by him as also because that a Letter from our Lord the King came to him before commanding him that if there were great want of victuals in the said Towne as in verity there was that then in salvation of himselfe and of the said people he should voyd the Towne and succour the said people and after returne into England it seemes to him that he ought to be well ex●used of what ever is surmised against him * To which the said Chancellour replyed and said Master Bishop as to this your last reason it is true that you had sufficient victuall when this Letter came unto you and besides this the King sent your other victuals in great plenty and also with it other good Letters containing how he had appointed his unkle of Spaine to come speedily to you for your ayd and succour and all this notwithstanding you departed thence leaving the said Towne to the enemies against the forme of your indenture by the which the King hath given and granted you whatever you might conquer not at all to render sell or leave the same to the enemy but to hold and possesse And also to that which you have said in your f●●st answer that by your said voyage Truce● had been agreed between the Realmes and happy offers of peace made by the adversaries of France which you say shall be an introduction to a good and finall peace which God grant it containes no truth at all For true it is that the newes spread in the Army of France of the comming of our Lord the King and of Mounsieur of Lancaster who was at the Sea side ready to passe for your succour was the principall cause of the Truce and profers aforesaid and of the T●eaty to be commenced for it is no probable thing at all nor in any wise agreeable to reason that you who were with your people chased by force of the enemies out of the field and afterwards besieged by them within your Fortresses should be the cause of the said Treaty by any way And so as to this nor yet as to any other of the reasons before alleaged nor for the rebellion of your Captaines or others of your retinue nor any other defaults which you have or may surmise unto them considering that you had them all of your proper choosing and election and not at all by the denomination of our Lord the King or of his Councell you neither can nor ought to be at all excused of the dammages deceits villanies contempts and the other losses and misprisions surmised to you nor in especiall of the Treaty made with the enemies upon the deliverance of the said Fortresses of which there are certaine Indentures made and drawne betweene you and your Captaines on the one part and the enemies of the King on the other part sealed with their seales and the seales of the other Captains without the authority or consent of the sayd our Lord