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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

by Sea or Land let him lose all that is his and his very life and the Lord may lay hands on the land which he had formerly given to him And he who shall be slaine in War before his Lord be it in the Land or elsewhere let his reliefes be pardoned and his heires enjoy his Monie and Land without any diminution and divide it among themselves By the Statutes of 18. H. 6. c. 19.7 H. 7. c. 1.3 H. 8. c. 5.2 E. 6. c. 2.4 5. Phil. Mary c. 2.3.5 Eliz. c. 15. It is made no lesse then felonie and death for any Souldiers to depart from their Captaines without their license under hand for which many Souldiers have been condemned executed a● you may read in Sir Edward Cookes 6. Rep. f. 27. in the case of Souldiers And before these Statutes Thomas Earle of Lancaster was (h) proclaimed a Traitor by the whole Armie in the .12 Yeare of King Edward the second for departing in discontent from the Ar●ie at the Siege of Berwick by meanes whereof it was not taken and the Siege raised If then deserter● and forsakers onely of their Captaines and Military Service are punishable with death then much more such Cowards and Fugitives who (i) like the Children of Ephraim being armed and carrying bowes turne their backs and flie in the daie of battell or refuse to (k) stand in the gap to make up the breach and repulse the Enemie For presidents of proceedings and judgements against Cowardly Souldiers and Governous of Forts take these ensuing insteed of many (l) Henry de Essex standard-bearer to the Kings of England by right of inheritance was accused of high Treason in the second yeere of King Henrie the second by Robert de Montford his neere kinsman vanquished by him in a Duel● at Reading for his Cowardlie abandoning and throwing down the Standard Royall i● Northwales in the Battel against Prince Owen amidst the mountaines flying when fiercely assaulted by the Welsh wherby the Kings Armie was endangered to be Routed whereupon though his life was pardoned yet his lands were seised into the Kings hand and he shor●e and shut up a Monke in the Abbie of Reading where he died In the Parliament Rolls of 1. R. 2. Num. 38● 39.40 I finde this notable record which I shall transcribe at large Item whereas it was praied by the Comm●ns that all those who have rendred or lost Castles or Townes through the verie default of the Captaines might be put to answer it to thi● Parliament and severely punished according ●o their desert by award of the Lords and Barronage to eschew the evill examples which they have given to other● who are Governours of Townes and Castles it was commaunded to Sir Alexander de Buxhall Constable of the Tower of London that he should cause to come before the Lords in Parliament at Westminster on Friday the 27 day of November in the yeere afor●said Sir Iohn de Gomineys and William de Weston apprehended and detained in the said Tower by the command of our Lord the King because they had lost and rendered such Castles and Townes to the Enemies of our Lord the King to answer thereunto upon the Articles which shall be surmised against them for the said cause on the behalfe of our Lord the King Upon which day of Friday the said Iohn and William being brought by the said Constable before the Lords aforesaid in full Parliament sitting in the white Chamber they were severally arraigned at the Commandement of the said Lords by Sir Richard Lescrop Knight Steward of the house of our Lord the King in manner as ensueth William de Weston you tooke upon you from the most puissant Prince whom God assoyle Sir Edward late King of England Grand-father of our Lord the King that now is safely to keepe to him and his heires Kings of England the Castle of Outhrewyck without surrendering it to any one but to the said Grand-Father or to his said heires or by command from him or from his said heires have you William who are a Liege-man of our Lord the King in times of the same our Lord the King who now is true heire to the said Grand-Father delivered and surrendered the same to the Enemies of our Lord the King without command from him to the dishonour or dammage of him and his Crown and of the Estate of his Realme of England against your allegiance and undertaking aforesaid What will you say hereunto (m) Whereupon the said William said that he had put his answers in writing and produced before them a Cedule containing many thi●gs comprised within the same and came and read the said Cedule in full Parliament Whereupon it was demanded of him by the said Steward if he presented b●fore them this Cedule for a finall answer in this behalfe or not And hereupon the said William prayed that this Cedule might be redelivered to him and that he might put in his finall answer which Cedule for the cause aforesaid was redelivered to him and after the said William delivered the said Cedule with an addition put thereunto in full Parliament for his finall answer in this behalfe the Tenor of which Cedule is such as followeth To the most sage Councell of our Lord the King and to the other Lords and Commons of the Parliament supplicates and sheweth William de Weston that albeit he be accused of this that he hath maliciously rendered the Castle of Outhrewyk of which he had the custody by delivery and assignment of our Lord the King may it please your sage and just discretion to have the said William excused thereof for these causes ensuing First of all may it please you to remember how that the said William was lately enformed by a spie that a great power of the Enemies would come upon him to besiege the said Castle with very great and very grieuous Ordnances whereupon he the said William presently by his Attorney and by his Letters required of the said councell that it would please them to re-enforce the said Castle with m●re men for the defence and safegard thereof in regard that the Garrison of the said Castle that then was were not halfe sufficient in respect of multitude to resist so great a force in so large a place but in conclusion for all this he could not have any succour from the said councell And so the said William not at all through his default was left without people sufficient for to keepe and defend the said Castle any long tim● which he beseecheth you to take into your just and benigne consideration Also please you to know● how upon a Munday about one of the Clocke the enemy came to be●●eg● the said Castle to the ●umber of about 2600 Men of Armes and 700 Arblasters Genevoyes and with 5000 of the Commonalty of the Countrey having nine great Cannons divers Engines and one * Morter-piece beyond all measure greater then ever they had

THE 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

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

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.