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A56157 The doome of cowardisze [sic] and treachery or, A looking-glasse for cowardly or corrupt governours, and souldiers, who through pusillanimity or bribery, betray their trusts, to the publick prejudice Containing certaine domestick lawes, heretofore, lately made, and judgements given against such timorous and treacherous persons; fit to be known in these unhappy times of warre. By William Prynne, utter barrester of Lincolnes-Inne. Imprimatur Iohn White, Octob. 23. 1643. Prynne, William, 1600-1669. 1643 (1643) Wing P3947A; ESTC R212960 27,332 24

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by Sea or Land let him lose all that is his and his very life and the Lord may lay hands on the land which he had formerly given to him And he who shall be slaine in War before his Lord be it in the Land or elsewhere let his reliefes be pardoned and his heires enjoy his Monie and Land without any diminution and divide it among themselves By the Statutes of 18. H. 6. c. 19.7 H. 7. c. 1.3 H. 8. c. 5.2 E. 6. c. 2.4 5. Phil. Mary c. 2.3.5 Eliz. c. 15. It is made no lesse then felonie and death for any Souldiers to depart from their Captaines without their license under hand for which many Souldiers have been condemned executed a● you may read in Sir Edward Cookes 6. Rep. f. 27. in the case of Souldiers And before these Statutes Thomas Earle of Lancaster was (h) proclaimed a Traitor by the whole Armie in the .12 Yeare of King Edward the second for departing in discontent from the Ar●ie at the Siege of Berwick by meanes whereof it was not taken and the Siege raised If then deserter● and forsakers onely of their Captaines and Military Service are punishable with death then much more such Cowards and Fugitives who (i) like the Children of Ephraim being armed and carrying bowes turne their backs and flie in the daie of battell or refuse to (k) stand in the gap to make up the breach and repulse the Enemie For presidents of proceedings and judgements against Cowardly Souldiers and Governous of Forts take these ensuing insteed of many (l) Henry de Essex standard-bearer to the Kings of England by right of inheritance was accused of high Treason in the second yeere of King Henrie the second by Robert de Montford his neere kinsman vanquished by him in a Duel● at Reading for his Cowardlie abandoning and throwing down the Standard Royall i● Northwales in the Battel against Prince Owen amidst the mountaines flying when fiercely assaulted by the Welsh wherby the Kings Armie was endangered to be Routed whereupon though his life was pardoned yet his lands were seised into the Kings hand and he shor●e and shut up a Monke in the Abbie of Reading where he died In the Parliament Rolls of 1. R. 2. Num. 38● 39.40 I finde this notable record which I shall transcribe at large Item whereas it was praied by the Comm●ns that all those who have rendred or lost Castles or Townes through the verie default of the Captaines might be put to answer it to thi● Parliament and severely punished according ●o their desert by award of the Lords and Barronage to eschew the evill examples which they have given to other● who are Governours of Townes and Castles it was commaunded to Sir Alexander de Buxhall Constable of the Tower of London that he should cause to come before the Lords in Parliament at Westminster on Friday the 27 day of November in the yeere afor●said Sir Iohn de Gomineys and William de Weston apprehended and detained in the said Tower by the command of our Lord the King because they had lost and rendered such Castles and Townes to the Enemies of our Lord the King to answer thereunto upon the Articles which shall be surmised against them for the said cause on the behalfe of our Lord the King Upon which day of Friday the said Iohn and William being brought by the said Constable before the Lords aforesaid in full Parliament sitting in the white Chamber they were severally arraigned at the Commandement of the said Lords by Sir Richard Lescrop Knight Steward of the house of our Lord the King in manner as ensueth William de Weston you tooke upon you from the most puissant Prince whom God assoyle Sir Edward late King of England Grand-father of our Lord the King that now is safely to keepe to him and his heires Kings of England the Castle of Outhrewyck without surrendering it to any one but to the said Grand-Father or to his said heires or by command from him or from his said heires have you William who are a Liege-man of our Lord the King in times of the same our Lord the King who now is true heire to the said Grand-Father delivered and surrendered the same to the Enemies of our Lord the King without command from him to the dishonour or dammage of him and his Crown and of the Estate of his Realme of England against your allegiance and undertaking aforesaid What will you say hereunto (m) Whereupon the said William said that he had put his answers in writing and produced before them a Cedule containing many thi●gs comprised within the same and came and read the said Cedule in full Parliament Whereupon it was demanded of him by the said Steward if he presented b●fore them this Cedule for a finall answer in this behalfe or not And hereupon the said William prayed that this Cedule might be redelivered to him and that he might put in his finall answer which Cedule for the cause aforesaid was redelivered to him and after the said William delivered the said Cedule with an addition put thereunto in full Parliament for his finall answer in this behalfe the Tenor of which Cedule is such as followeth To the most sage Councell of our Lord the King and to the other Lords and Commons of the Parliament supplicates and sheweth William de Weston that albeit he be accused of this that he hath maliciously rendered the Castle of Outhrewyk of which he had the custody by delivery and assignment of our Lord the King may it please your sage and just discretion to have the said William excused thereof for these causes ensuing First of all may it please you to remember how that the said William was lately enformed by a spie that a great power of the Enemies would come upon him to besiege the said Castle with very great and very grieuous Ordnances whereupon he the said William presently by his Attorney and by his Letters required of the said councell that it would please them to re-enforce the said Castle with m●re men for the defence and safegard thereof in regard that the Garrison of the said Castle that then was were not halfe sufficient in respect of multitude to resist so great a force in so large a place but in conclusion for all this he could not have any succour from the said councell And so the said William not at all through his default was left without people sufficient for to keepe and defend the said Castle any long tim● which he beseecheth you to take into your just and benigne consideration Also please you to know● how upon a Munday about one of the Clocke the enemy came to be●●eg● the said Castle to the ●umber of about 2600 Men of Armes and 700 Arblasters Genevoyes and with 5000 of the Commonalty of the Countrey having nine great Cannons divers Engines and one * Morter-piece beyond all measure greater then ever they had
seene any before in those Marches and the same houre presently a great number o● the men of Armes and Arblasters aforesaid came before the Gates for to assaile the said Castle and at this time a Knight of theirs was slain who was Cosin to the Lord de Clisson as was reported and many others were likewise then slaine and wrecked and within a short time after they began to discharge and shoot● with their Ordnances and other Engines and so continued their assault from one day to another that is to say Tuesday Wednesday Thursay and then were the Walles and houses of the Castle battered downe and bruised in many places and they had likewise by force trenched the Ditches of the said Castle in three places so as all the water was drained out and that night came a great party of them and by fine force made an assault and abated the Baracadoes and the next day which was Friday they came about day-breaking with all their Forces to assault the said Castle but with Gods assistance they were yet repulsed with force from their assault and of the one part and other there were some slaine● and wounded And the same day the Marshall of Burgone sent to the said William and others of the said Castle to render it Whereupon having consideration that the said Castle could not be kept as w●ll in regard of the small number of the people as by reason that the Walls in many pl●ces were enfeebled by their marvellous Ordnances there was a Treaty with the Lords to this end that the said William and his companions might advise themselv●s against the n●xt morning And so they departed each to their own Also this same night the Enemies caused all their Ordnances Engines Morter-piece and Cannons and Fagots with ●●aling-Ladders Galleries and all other nec●ssaries to be drawn up neere to the very Ditch of the aforesaid Castle and the next day which was Saturday they made all things ready plainely for to assault the place And then first of all they sent an Harold to the said William to know if the said Castle should be rendred to them or not Whereupon the said William by advice of the wisest of ●is companions taking con●iderati●n how that the said place was destroyed and enfeebled with their Ordnances and also that they were too few men for its defence by reason that 12 of their companions were in this time slaine wounded and sicke so as there remained of all the people of the Garrison in health but onely 38 men to defend the same hereupon by common assent the said Castl● which could be kept no longer was by ●orce surrendred for to save their lives granted to them● and their go●ds and that all th●se things aforesaid are ●rue the said William puts himselfe upon his proofe according to your discr●ete Ordinances Also it is to be rem●mbred that when the said C●stle was thus rendered as aforesaid certaine French people bargained with the said William for his Victuals to buy them tog●ther with c●rtaine prisoners which the said William held imprisoned within the said Castle for which things he received of them for his paiment 1500 Frankes of which he paid to his Companions for part of their wages which was behind unto them for one quarter of a Yeare and an halfe 78 Frank●s likewise after was paid at Caleys for the victuals of the said C●stle before that time du● 442 Frankes Also for the passages of the said William and of his companions unto England and lik●wise for the expences of the said William being at Calleys 135. frankes And therefore the said William prayeth in this regard your justice and benignity seeing by envious suggestion he hath against all reason beene accused whereby his estate and name by the grievous sin of misinformers and he also are ruined having likewise consideration that out of his proper goods he hath for the greater part paid his companions their wages which were due unto them as aforesaid and also for the great costs he hath beene at before this time for to victuall the said Castle for which he hath given his obligations in divers places and oweth great summes by reason whereof he is on all sides undone● if your just benignity doe not succour him that you would be pleased for Gods sake and for pity to ordaine likewise for him that he may by your discreet noblenesse recover his estate and goods Also the said William Weston sheweth How the first day when the enemies came before Arde that he went in haste to Caleys unto the Captaine and desired of him more succour and aid of men for the better guarding of his Fort of Outhrewyk and to defend it if the enemies should come thither And the Captaine answered him briefly That he would not deliver nor give him aid nor succour at the said time because he doubted that the said enemies would come before the Towne of Caleyes And the said Cedule being vi●wed and read in full Parliament immediately after was the said John brought thither by the said Steward in the manner following Iohn Lord of Gomineys you tooke upon you to the most puissant Prince whom God assoile Sir Edward late King of England● Grandfather to our Lord the King that now is safely to keepe to him and his heirs Kings of England the Towne and Castle of Arde without surrendring the same to any person except to the said Grandfather and his Heirs or by commandment of him or of his Heirs these have you Lord of Gomine●s in time of our Lord the King that now is true Heire to the said Grandfather delivered and surrendred to the enemies of our Lord the King without commandment from him to the dishonour of him and of his Crowne and of the estate of the Realme of England against your undertaking aforesaid What will you say thereunto Whereupon the said Iohn answered That the said Towne and Castle of Arde were so weake that he could not well keepe them against so great a power of the enemies which was then ready to affaile the same Towne and Castle and therefore he caused to assemble all the Knights Esquires and others being in the said Towne and informed them of the perils of the said Towne and force of the said enemies and by common counsell and assent of the said Knights Esquires and others he issued out to the enemies to treat with them for to save the Lieges of our Lord the King being within the said Towne and Castle of Arde without that that he ever took any thing for to surrender the said Towne and Castle of Arde Upon which one Geoffry of Argenton Knight said in full Parliament to the said Iohn That he the said Geoffry was at that time in the said Towne in company of the said Iohn and that the Towne and Castle of Arde were never delivered nor surrendred by his counsell nor assent but that he was alwayes ready to die and live upon the safeguard of the same and
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
the King as before is said And moreover the said Chancellour said in the behalfe of the King Sir Bishop although the King our Lord might clearly handle and judge you as a temporall person of his Realme because you have behaved and carried your selfe a● a temporall person for you expressely oblieged your selfe to the King our Lord by your Indentures to be a Souldier of the King to governe the Christian people after the terme of your Crossado ended and you used commonly to have your Sword carried before you and you did many other such like thing● every day publiquely as a Lord temporall against the common custome of the estate of a Prelate of England Notwithstanding by reason of your estate the King our Lord of his grace will forbeare for the present to lay his hands upon your body But for as much as he is informed that you your selfe have complained to many Lords of the Realme that wrong hath beene lately done you on the last day affirming by your words that that which was done passed not at all by assent or knowledge of your Peeres of the Realme this is greatly to be marvelled of you and of these your words seeing the ill successe toucheth nothing at all your Peralty but onely certaine misprisions which you have made and perpetrated as a Souldier of the King against the forme of your Indentures and Covenants which you have made with the King our Lord to the great dammage of the King as before is said whereof the conisance and punishment of common right and ancient custome of the Realm of England onely a●d totally appertaineth to ou● Lord the King and to no other And true it is that you have not at all by this your last answer any whit amended your matter in excuse of your selfe upon the things surmised against you but as it seemes have more greatly impaired the same Wherefore by the assent of the Earles Barons and other Lords temporall present in this Parliament it is assented and accorded that you shall be in the mercy of the King● and put to a fine and ransome for your misdoing according to the quality and quantity thereof And to doe this yo● shall be compelled and constrained by the seisure of the temporalties of the Bishopricke of Norwich And the King commands you that from henceforth you shall not cause nor suffer any sword to be carried before you as it hath been done under the perill which shall follow And it is expresly accorded in this Parliament that whatsoever hath be●● expended on your use of the said Franks of gold you shall make full payment thereof in the Treasury of our Lord the King without delay or difficulty * Upon this Judgement the Temporalties of this Bishop were immediately seised into the Kings hands and detained in them a long time for this his surrender of Graveling a●Walsingham Holinshed Grafton Speed Trussel in their Histories and Godwin in the life of this Bishop attest who had lost his life had he beene a Lay-man onely for the surrender of Burburgh and Graveling which were manfully defended against a great power of the French till aid was sent for into England and Letters received from the King but the aid not comming so speedily as was expected to him he compounded with the French to rase Graveling to the ground and to depart whether he would with his bag baggage and men And yet for all this he was thus censured in Parliament because he held not ou● the Towne to the uttermost though the enemy gained it not and himselfe had formerly won it from them In this very Parliament of 7. R. 2. as I read in * Walsingham and in Holinshed Speed Grafton Trussell out of him newes came from the Northerne parts that the Castle of Berwicke was taken by the Scots whose custody Henry Percy Earle of Northumberland then possessed by ancient right the Scots for money fraudulently getting entrance into the said Castle by one who had the custody of it at the second hand under the Earle Hereupon by Duke Iohns procurement as was reported the said Earle on the fourth of December for the losse of the said Royall Castle by the Judgement of the Lords and of the King then present in the said Parliament had a sentence of condemnation publikely pronounced against him notwithstanding that the said Earle had beene summoned to the said Parliament by the Kings Writ and would rather have tarried at home for the defence of his Country But the execution of the said sentence was soone after released by the King and the Earle by his indulgence restored to his life and possessions which he was adjudged to lose Whereupon he posted into the North and calling his Forces and friends together strongly besieged the said Castle and in few dayes took it by composition he giving the besieged their lives moveables and two thousand markes to surrender i● And thus hee was taught to keep his Forts more wisely for the future and to commit the custody of them to more trusty and valiant persons The Lord * Wentworth Governour of Calleys delivering up that Towne to the French after they had taken the Castle by force made a breach in the Towne walls and slaine above fourscore of the Garrison at one assault when they tooke the Castle together with Sir Anthony Ager Marshall of the Towne and his sonne and heire and that upon dishonourable termes not without some suspition of treachery he was thereupon endicted in Queene Maries dayes for his cowardly and treacherous surrender of this Town contrary to his trust and after that was arraigned at Westminster in the first yeere of Queene Elizabeth the Marquesse of Northampton bei●g his Judge and Lord chiefe Steward of England for that day But that noble man so nobly defended himselfe that hee was acquitted by his Peeres and wan a most honourable opinion for his many and faithfull former ●●rvices otherwise he had lost his life Anno 27. H. 6. Caen being besieged by the French * the Duke of Sommerset Governour of Normandy then in it being more pitious then hardy moved with the dolour and love of his wife and children called a Councell of warre and would have surrendred it to the enemy upon composition But Sir David Hall being Captaine of the Towne under the Duke of Yorke owner of the Towne by the Kings gift would not consent thereto without the Duke of Yorkes assent though the Duke alleadged he was the Kings Deputy there representing his person and might doe what he pleased according to his discretion it being committed to his immediately trust To give you some few Domesticke Examples of the punishment of treacherous surrenders of Fo●ts and penalties inflicted for the same * Anno 1312. being the twelfth yeere of Ed. the 2. his reigne Peter Spalding to whom this King had intrusted the Towne of Berwicke treacherously sold and betrayed the same of the Scots for money But Spalding after the Treason
great number and the Towne within set on fire had beene taken by them by force and all those within it take● 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 don● 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 refreshmen● 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 a●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 Seigh●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 Sal●bury Sir James Fines Lord Say and others Whereupon the King plainly seeing that neither glo●●ing would save nor dissimulation appease the continuall clam●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 p●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 D●kes Ship with small ●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 S●●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 i●reparable great dammage dishonor weakning and the Enemies extraordinary advantage strengthning and encouragement To these I shall subjoyne one
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●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