as aforesaid and now you John without duresse or default of Victuals or Artillery or of ether things necessary for the defence of the said Towne and Castle of Arde without command of our Lord the King have evilly delivered and surrendered the same to the enemies of our Lord the King by your owne default against all appearancâ— of right or reasonâ— and against your undertaking aforesaid wherefore the Lords aforesaid here in full Parliament adjudge you to death and because that you are â— Geâ—tleman and a Baronet anâ— have served the said Grandfather in his warres and are no liegâ—man of our Lord the King you shall be beheaded without having other judgement And because also that our Lord the King is not yet informed of the manner of this judgement the execution thereof shall be put in respâ—â—e untill our Lord the King be informed thereof Whereupon the foresaid Constable was commanded safely to keepe the said Iohn untill he had other command from our Lord the King And it is to be remembred that Geoffrey Martyn Clerke of the Crowne made this very Record and delivered it thus written in this present roll with his owne 〈◊〉 From this memorable Record I shall onely observe these few particulars First that the surrender of Townes or Castles to the enemy through cowardiâ—e or treachery is properly examinable and tryable onely in Parliament it being a detriment to the whole Kingdome and so sit to be determined by the represeâ—tative body of the Kingdome Secondly That the cowardly delivering up of any Towne or Castle by the Governour thereof to the enemy is a capitall offence deserving death and likewise the losse of it through his negligâ—nce or default Thirdly That every Governour who takes upon him the custody of any Fort oâ— Towne is obliged in point of trust and duty under paine of death to defend it to the utmost extremity Fourthly That the concurrent aâ—sâ—nt of a Councell of Warre or souldiers to render up a Towne to the enemy before utmost extremity for the saving of the houseâ— lives and goods of the souldiers or inhabitantâ— is no excuse at all to justifie or extenuate such a Governours dishonourable surrender and offence Fiftly That those who are accused of such an unworthy surrender of any Town or Castlâ—â— ought to be apprehended and kept in safâ— câ—stody till their trials be past and not suffered to goe at large Siâ—tly That a Governours giving timely notice of the enemies approach of the weakenesse of the Garrison his suing for timely ayd and repulsing of the enemy for a season will no waies excuse his surrâ—nder of a Towne or Castle unlesse he hold it out to the uttermost extremity or surrâ—nder it by the consent of those who intrusted him with the custody thereof Seventhly That the violent battery of the walls or draining of the dikes of any Castle or City or any breaches made in them by the enemy though extraordinary powerfull are no sufficient caâ—ses or excuses for any Governour to surrender them upon composition to the enemy whiles there is sufficient Victuals Men or Amuâ—ition to defeâ—d them and that they must in no wise be surrâ—ndred without consent of those who put in the Governour till the greatest part of the Souldiers be slâ—ine the Victuals or Ammunition quite spent and all hopes of reliefe dispaired of utterly upon good grounds Which is cleare by the case of Weston who made a better defence of the Castle of Outhrâ—wicke with 38 men onely against more thâ—â— 800â— enemies who besâ—â—ged assâ—ulted battered it for six daies together with nine great Cannons and other Engynes and pleaded farre more in the dâ—fence of his surrender of it then many now can doe for surrendering of Townes and Castles of farre greater importance then this Castle was in a shorter time then he did when furnished with â—arisons of many hâ—ndrâ—ds and sufficient Victuals and Amunition and that before any battery or assault made against the walls thereof and yet for all this was Weston in full Parliament adjudged to death for it though he sold the Victâ—â—ll and Prisoners to the enemy and payd his souldiers wages and other debts of the Castle with the money When some of late have surrendered Victuals Armes Colours Cannons Prisoners and all Magezines whatsoever to the enemy before they were neceâ—â—â—tated or enforced to it to the Kingdomeâ— unspeakeable losse prejudice and the enemies infinite advantage In the Parliament Rolâ— of 7 R. 2. Num. 17. I finde this case in Parliament in these terme Item upon the complaâ—nt which hath been made to the King of Pierce de Creâ—â—ingham and Iohn de Spykesworth Esquires concerning this that whereas they werâ— made in the said voyage to wit of the Bishop of Norwich into Flaunders with an Army Captaines and Guardians of the Castle of Drinkham in Flaunders which was gained from the enemies and after that well and sufficiently stored with victuals and other necessaries and strong enough to be held against the enemies that they left and rendered the said Castle to the said enemies receiving of them for this delivery and surrender by Treaties made with the enemies a sum of gold and that by Covenant made with the Kings enemies without the will and command of our Lord the King himselfe or of his Lieutenant for which the said Esquires were arrested by command of the King and after put to their answer in Parliament And the said Iohn Spikesworth excused himselfe before the King in Parliament in this manner That he had never the custody of the said Castle nor any thing to doe therewith â—â—ve onely that as â—e was riding into the Countrey somewhat neere the said Castle of Drinkham to make his best advantage upon the enemy by force of the said enemies he was there chased to the said Castle then being in the custody of the said Pierce de Cressingâ—am and soone after he saith That upon an assault made to the barbican there by the enemies he waâ— unhappily routed and one of his varlets slaine in the Garrison very neere him where he remained continually untill the said Pierce rendered the same and otherwise he had never any thing there to doe neither as a souldier thereof nor in any other manner whatsoevâ—r praying that therefore it would please our Lord the King to have him well excused To whom it was answered on the behalfe of the King that if any man knoweth not to say more against the said Iohn contrary to his said answer now made that the King will hold him well excused and wills thaâ— he shall be disarrested and suffered to goe at large And the said Piers of Cressingham well knowing that he had the guard of the said Castle said That as soone as the enemies were come before Burburgh in which were the L. Beamond Sir William of Ellingham Sir Thomas Tryves Srâ—William Farrinden and many other English men and the Towne and Castle of Burburgh being rendred to the enemy of all
Communication and the entery of a small party of the enemies not 200 which might at first have beene all easily cut off into the out-skirts of one corner of the City were most unexpectedly surrendered up to the enemy by the said Governour with all the Cannon Armes Ammunition Victuals Magazines Colours and Prisoners therein without the privity or consent of the Parliament or his Excellency to the great astonishment and discouragement of the Parliaments party the inestimable detriment iâ—reparable losse of the whole Kingdome the extraordinary strengthning enriching advantage of the enemies and of the Irish and Welsh Rebels both by Land and Sea The Narration and Articles of which surrender which I need not particularly relate with the consequences thereof I shall here forbeare to mention since already published in print by Colonell Fiennes himselfe in his Relation to the House of Commons and Lâ—tter to his Excellency In Master Clement Walker his Answer to that Relation The Tragedy of the Kings Armies fidelity since their entering into Bristol The Relation of the siege of Gloucester and other printed Mercuries the rather because the more full examination of that unhappy action is referred by the Commons upon the said Colonels motion to a publique triall before a generall Councell of warre in such a publique convenient place in London or Westminster as is conceived where the Commons may be present as his Excellency shall thinke fittest for such a generall cause of importance to the whole Kingdome For other particulars formerly touched his Excellency hath published these ensuing Lawes NO man shall abandon his Colours or flie away in any Battaile upon paine of death If a Pike-man throw away his Pike or a Musketeer his Musket or Bandalier he or they shall be punished with death Whosoever in skirmish shall fling away his Powder out of his Bandaliers that he may the sooner come off shall be put to death A Regiment or Company of Horse or Foot that chargeth the enemy and retreats before they come to hand-strokes shall answer it before a Councell of Warre and if the fault be found in the Officers they shall be banished the Campe if in the Souldiers then every tenth man shall be punished at discrâ—tion and the rest serve for Pioners and Scavengers till a worthy exploit take off that blot No Captaine of a Troope shall present at the Master any but reall Troopers such as are bound by their pay to follow the Troope upon paine of cashiering without mercy And if any Victualler Feebooter Enterloper or Souldier whatsoever of any other Troope or Company shall present himselfe or his Horse in the Muster to misleade the Muster-master and to betray the service the same shall be punished with death No Muster-master shall wittingly let any passe in the muster but such as are really of the Troope or Company presented upon paine of death c. Any Officers that shall presume to defraud the Souldiers of their pay or any part of it shall be cashiered These few Presidents seriously considered and Military Lawes duely executed will be a ready way to make our Captaines and Souldiers couragious our Officers incorrupt our Governours trusty our Townes and Forts secure against our enemies fiercest assaults and finest underhand devices I read in * Henry Huntingdon that all the Souldiers of Prince Robert upon the magnanimous Oration of the Consul of Chester holding up their hands with a terrible shout abjured flight and setting presently on the enemy routed them utterly and tooke King Stephen prisoner I hope these Pages may produce the like effect and worke this generous resolution in all our Commanders Governours Souldiers Hîc igitur vel vincendum vel occumbendum spes fugae nulla I shall close all with the speech of this Consull Necesse est ut ad probitatem confugiat cui non potest esse aliud diffugium FINIS * Lncan l. 10 de Bello Civili * Pâ—al. 89.20 Act. 13 22. (a) Judgeâ— 7 1â— 2 3â— (b) Mac. 3.56 (c) Rev. 17.14 c. 21.7 8. Esay 51.12 13. Hen. Ranzouiâ—â— de Bello l. 1. c. 11 12. (d) Lu. 14 s 31. (e) Plutarchi Aâ—â—ph 71 41â—Pelybius Hist. l. 1. Henricus Râ—nvâ—uius Commentarius 〈◊〉 l. 5. c. 1. lib. 1. c. 12. (f) See Petri Blesensis Epist. 60. The Soveragne power of Parliaments part 4. p. 34.35 Henricus Bocerus l. 1. de Bello c. 13. p. 49.50 (g) Lambard Arch. fol. 135. De Hereâ—ochiis (h) Walsingham Hist. p. 89. Holinshâ—d Grafton Stowâ— Speed Trussel in 12. R. 2. (i) Ps. 78.9 (k) Eâ—e 22.30 (l) Dan. p. 18. Speed p. 502. Holinâ— and Stow. An. 2. H. â— The Case of Gomeneys and Weston (m) Num. 39. * Trebuchet â—reâ—â—â—ngham â—pilâ—sworth The Bishop of Norwich his arraignment and second answer * See the Historie of this Treaty and abaâ—ement of the Towne in Walsingham Hist. Angl. p. 327 to 330. and in Holinshed Speed Grafâ—on in 6 R. 2. * Num. 27. * See Walsing. Hist. Ang. p. 3â—7 to 330. Holins Grafton Fabian Stow Speed Martyn Trussel in 6 Rich. 2. * Hist. Ang. p. 337. * Speeds Hisâ— p. 1050. 1156. Grafton Holiâ—shed How Cambden * Grafton p. 644 645. Fabian Holinshed Speed Stow Martin Hall 27 Hen. 6. * Walsing. Hist. Ang. p. 88. Hect. Boetius lib. 14. Polyd. Vir. l. 18. Hard c. 172. Spâ—ed p. 674. Holinsh. Stow Graâ—ton Daniel Martyn in 12 Edw. 2. Cambdâ— Brit. p. 1817. * Walsing. Hist. Ang. p. 245. to 248â—Fabian Holinshed Pol. Virg. Grafton Stow Speed Martyn Trusselâ— in 3 Rich. 2. * Note * Walsing. Hist. Ang. p. 337. see Holinshed Grafton Speed Tussel in 7 R. 2 7. Rich. 2. The case of Sir William de Elmham and others * See Holinsâ— Graftoâ— Speed Hall Martyn An. 28 H. 6. Art 4â— Articâ— 32. Artic. 34. * See Halls Chronicle 28. H 8. Graâ—ton p. 607. to 613. Fabian Caxton Holinshead Speed Stow. Polidor Virgill Martin An. 28. Hen. 6. 28. H. 6. in the Parliament Rols num 50.51.52 * Walsinghamâ— Fabian Holeâ—shed Grafton Stow. Speed Daniel Martinâ— In 5â— E. â— The Act foâ— Souldiers * See Mâ—ster Iohn Vicars his God in the mount pag. 353. 〈◊〉 363. * See the examinations taken and letters written by Colonell Fiennes touching this particular â—ublished in print * Roger de Hoveden Annal. pars prior p. 461 * Pag. 3.13.14 * How soone had the whole Kingdom been conquered had all other Cities and Forts of lesse importance beene yeelded up in so short a space though worse provided lesse defensiblâ— * Historiarum â—8 p. 390 391.
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 oâ—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 Lancastâ—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 affiâ—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 â—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 Whereâ—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 waâ— 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 exâ—cuted as the * Navarrois was in 7. Richâ— 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 dâ— 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 oâ—Burburgh whereof Master William de Hâ—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 Fortresâ—es Victuall Armour and other refreshment without speciall commâ—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 aâ—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 giâ—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 yoâ— 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 aâ—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
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 aâ— 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 Arâ—ie at the Siege of Berwick by meanes whereof it was not taken and the Siege raised If then deserterâ— 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 Duelâ— at Reading for his Cowardlie abandoning and throwing down the Standard Royall iâ— 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 shorâ—e and shut up a Monke in the Abbie of Reading where he died In the Parliament Rolls of 1. R. 2. Num. 38â— 39.40 I finde this notable record which I shall transcribe at large Item whereas it was praied by the Commâ—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 thiâ— Parliament and severely punished according â—o their desert by award of the Lords and Barronage to eschew the evill examples which they have given to otherâ— 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 aforâ—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 thiâ—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 bâ—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 mâ—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 timâ— which he beseecheth you to take into your just and benigne consideration Also please you to knowâ— how upon a Munday about one of the Clocke the enemy came to beâ—â—egâ— the said Castle to the â—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 souldiers which he had with him at Drinkham none would there continuâ— 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 sufficientâ— 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. â— 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 theâ—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 aâ—sent thereunto but those Captaines and others of his hâ—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 saidâ— 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 sâ—me English might comâ— 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 conquâ—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 exâ—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 fâ—â—st answer that by your said voyage Truceâ— 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 Tâ—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
great number and the Towne within set on fire had beene taken by them by force and all those within it takeâ— 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 donâ— 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 refreshmenâ— 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 aâ—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 Seighâ—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 Salâ—bury Sir James Fines Lord Say and others Whereupon the King plainly seeing that neither gloâ—â—ing would save nor dissimulation appease the continuall clamâ—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 pâ—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 Dâ—kes Ship with small â—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 Sâ—â—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 iâ—reparable great dammage dishonor weakning and the Enemies extraordinary advantage strengthning and encouragement To these I shall subjoyne one
presiâ—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 aâ—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 Hiâ—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 â—his Law in Print concerning the yeeldâ—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 plaineâ— that it needeâ— 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 Cressinghâ—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 necessiâ—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 consentâ— 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 diligâ—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 importanâ—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 â—ands had his Forces come thâ—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 Bulwarkâ— of the Westerâ—â— parts of infinite importance to the Parliament and kingdome as this Colonell himselfe attesteth in his printed * Relation after it was strongly â—ortified victualed for three moneths sâ—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 * â—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