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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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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 i●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 L●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 discr●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 * P●al. 89.20 Act. 13 22. (a) Judge● 7 1● 2 3● (b) Mac. 3.56 (c) Rev. 17.14 c. 21.7 8. Esay 51.12 13. Hen. Ranzoui●● de Bello l. 1. c. 11 12. (d) Lu. 14 s 31. (e) Plutarchi A●●ph 71 41●Pelybius Hist. l. 1. Henricus R●nv●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 Here●ochiis (h) Walsingham Hist. p. 89. Holinsh●d Grafton Stow● Speed Trussel in 12. R. 2. (i) Ps. 78.9 (k) E●e 22.30 (l) Dan. p. 18. Speed p. 502. Holin● and Stow. An. 2. H. ● The Case of Gomeneys and Weston (m) Num. 39. * Trebuchet ●re●●●ngham ●pil●sworth The Bishop of Norwich his arraignment and second answer * See the Historie of this Treaty and aba●ement of the Towne in Walsingham Hist. Angl. p. 327 to 330. and in Holinshed Speed Graf●on in 6 R. 2. * Num. 27. * See Walsing. Hist. Ang. p. 3●7 to 330. Holins Grafton Fabian Stow Speed Martyn Trussel in 6 Rich. 2. * Hist. Ang. p. 337. * Speeds His● p. 1050. 1156. Grafton Holi●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. Sp●ed p. 674. Holinsh. Stow Gra●ton Daniel Martyn in 12 Edw. 2. Cambd● Brit. p. 1817. * Walsing. Hist. Ang. p. 245. to 248●Fabian Holinshed Pol. Virg. Grafton Stow Speed Martyn Trussel● 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 Holins● Grafto● Speed Hall Martyn An. 28 H. 6. Art 4● Artic● 32. Artic. 34. * See Halls Chronicle 28. H 8. Gra●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 * Walsingham● Fabian Hole●shed Grafton Stow. Speed Daniel Martin● In 5● E. ● The Act fo● Souldiers * See M●ster Iohn Vicars his God in the mount pag. 353. 〈◊〉 363. * See the examinations taken and letters written by Colonell Fiennes touching this particular ●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 defensibl● * Historiarum ●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 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
THE DOOME OF COWARDISZE 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 DEVT. 20.1.2.34 When thou goest out to Battell against thine Enemies and seest Horses and Chariots and a people more then thou be not affraid of them for the Lord thy God is with thee which brought thee up out of the Land of Egypt And it shall be when yee are come nigh unto the Battell that the Priest shall approach and speak unto the people shall say unto them heare O Israel you approach this day unto the battell against your Enemies let not your hearts faint feare not and doe not tremble neither be yee terrified because of them for the Lord your God is he that goeth with you to fight for you against your Enemies to save you PSAL. 3.6 PSAL 27.3 I will not be affraid often thousands of people who have set themselves against me round about The Lord is my light and my salvation whom shall I feare The Lord is the strength of my life of whom shall I be affraid Though an host should encamp against me my heart shall not feare● though War should rise against me in this will I be confident LVKE 17.33 MAT. 16.25 Whosoever shall seek to save his life by cowardly and unworthy practises shall lose it and whosoever shall lose his life by adventuring it valiantly shall preserve it Imprimatur Iohn White Octob. 23. 1643. LONDON Printed for Michael Spark Senior and are to be sold at the Blew-Bible in Greene-Arbor 1643. TO THE READER REader I presume the following pages need no Apology for their seasonablenes in times of War or necessity in an Age of Timidity and Treachery All men of valour will protest and joyne forces with me against Cowards all persons of honor sincerity against Traytors and Deceivers the only enemies here encountred especially in a publique War undertaken managed for no other end but the defence of Religion Lawes Liberties Iustice and bringing Delinquents Traytors to their native Country unto condigne punishments In such a sacred warfare as this * Nulla fides pietasque viris qui castra sequuntur is not onely a Paradox but a Prodigy yea an inexpiable impiety which ought to admit no other Centurions or Souldiers but such as Cornelius is recorded to be Acts 10.1.2 A devout man and one who feared God with all his house which gave much Almes to the people insteed of plundring them and prayed to God alwayes Or in one word such as that royall magnanimous Generall and Captaine of Gods Host King David was * A man after Gods own heart who shall fulfill all his will To such Martiall men as these and I would to God all our Armies were wholy composed of no other I know these lines will be very acceptable no wayes displeasing If any grow offended at them I feare their indignation ariseth onely from or will be an evidence of thei●guilt in some particulars here arraigned condemned by the Law o● Arms If any complain of overmuch Brevity let them know that shor● Discourses are ever most sutable for men for times of action Souldiers who act much can read but little This induced mee to present thee with a Manuall only in such a subject which I could have amplified into a Volume Dictum sapienti sat est A few good presidents are sufficient to inform reform many persons and abuses which if these through Gods blessings shall effect I have the accomplishment o● my desire Farewell THE DOOME OF COWARDIZE and TREACHERY IT was one part of that excellent Military Discipline which God himselfe pr●scribed unto his owne people when they went out to battell against their Enemies that the Officers should speak thus unto the people in nature of a publique Proclamation Deut. 20.18 What man is there that is fearfull and faint hearted let him go returne unto his hous● le●t his brethrens hearts faint by his flight or Cowardize as well as his heart In pursuance whereof valiant (a) Gideon having assembled an Army of thirty two thousand men to fight against the Midianites God commanded him to goe and proclaime in the Eares of the people saying whosoeever is fear●full and affraid l●t him returne and depart earlie from Mount Gilead where they were assembled whereupon there returned of the people twenty two thousand and there remained only ten thousand more then two parts of three being pusillanimous Cowards and therefore altogether unfit for martiall affaires better dismissed then retained in such a service (b) The like Proclamation according to this Law we finde made by that heroick Generall of the Jewes Iudas Maccabaeus Cowardly and timorous persons are (c) no fit Souldiers to be imployed in any temporall or spirituall Militia and therfore by Gods own directions are ●o be cashiered out of both It is therefore the duty of every person who takes upon him the profession of a Souldier but more especially the Office of a Governour or Commander (d) seriously to examine his own heart and spirit wh●ther he hath sufficient c●urage valour resolution as well as skill or prudence to execute discharge such a most generous calling before he undertake it that knowne speech of Chabrias being an experimentall verity (e) That an Army of harts with a Lyon for their Leader is more terrible then an Army of Lyons with an hart for their Commander the Cowardise of the Generall being o●t times the overthrow of the most valorous Army and the timorousnesse or covetousnesse of the Governour the losse of the strongest City or Castle to the intolerable dammage of those States or Princes who imploy them in such military services Hence in all ages cowardly mercenary treacherous Souldiers and Governours who through ●eare or covetousnesse be●ray their trusts have undergone most exemplary censures and punishments of an high strain● as well for their ●●●illanimity as treachery fit to be publickly knowne in these times of War for the terror of such Delinquents and better incouragement of all men of Armes valorously and faithfully to discharge the trusts they have taken upon them even for feare of legall executions where the advancement of their own honour and reputation and publique safety will not engage them faithfully to discharge their duties Not to trouble you with any (f) forraine Histories Lawes or Customes of this nature I shall present you onely with some few domestick precedents to which the industrious perusers of our Records and Annalls may accumulate many more By the (g) Lawes of King Edward the Confessor hee who flieth from his Lord or fellow Souldier for feare of War or death in the conduct of the Horetock or Captaine in any expedition
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 appearanc● of right or reason● and against your undertaking aforesaid wherefore the Lords aforesaid here in full Parliament adjudge you to death and because that you are ● Ge●tleman and a Baronet an● have served the said Grandfather in his warres and are no lieg●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 resp●●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 cowardi●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 represe●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 neglig●nce or default Thirdly That every Governour who takes upon him the custody of any Fort o● Towne is obliged in point of trust and duty under paine of death to defend it to the utmost extremity Fourthly That the concurrent a●s●nt of a Councell of Warre or souldiers to render up a Towne to the enemy before utmost extremity for the saving of the house● lives and goods of the souldiers or inhabitant● 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 Castl●● ought to be apprehended and kept in saf● c●stody till their trials be past and not suffered to goe at large Si●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 surr●nder of a Towne or Castle unlesse he hold it out to the uttermost extremity or surr●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 ca●ses or excuses for any Governour to surrender them upon composition to the enemy whiles there is sufficient Victuals Men or Amu●ition to defe●d them and that they must in no wise be surr●ndred without consent of those who put in the Governour till the greatest part of the Souldiers be sl●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 Outhr●wicke with 38 men onely against more th●● 800● enemies who bes●●ged ass●ulted battered it for six daies together with nine great Cannons and other Engynes and pleaded farre more in the d●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 ●arisons of many h●ndr●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 Vict●●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 nece●●●tated or enforced to it to the Kingdome● unspeakeable losse prejudice and the enemies infinite advantage In the Parliament Rol● of 7 R. 2. Num. 17. I finde this case in Parliament in these terme Item upon the compla●nt which hath been made to the King of Pierce de Cre●●ingham and Iohn de Spykesworth Esquires concerning this that whereas they wer● 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 ●●ve onely that as ●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 Cressing●am and soone after he saith That upon an assault made to the barbican there by the enemies he wa● 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 whatsoev●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 tha● 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 Sr●William Farrinden and many other English men and the Towne and Castle of Burburgh being rendred to the enemy of all