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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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presi●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 a●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 Hi●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 ●his Law in Print concerning the yeeld●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 plaine● that it neede● 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 Cressingh●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 necessi●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 consent● 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 dilig●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 importan●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 ●ands had his Forces come th●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 Bulwark● of the Wester●● parts of infinite importance to the Parliament and kingdome as this Colonell himselfe attesteth in his printed * Relation after it was strongly ●ortified victualed for three moneths s●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 * ●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