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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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the said Geoffry offered to prove it if any would deny it And further it was demanded of the said Iohn● If he would say any thing else and he said He would not Whereupon the said Constable was charged with the safe custody of the said Iohn and William untill the next day the Saturday next ensuing● and to bring them againe safe before the said Lords in the said Parliament at the place and day aforesaid At which day of Saturday that is to say on the twentieth day of November in the yeere aforesaid it was shewed unto them severally by the said Steward on the same day by the commandment of the Lords aforesaid how upon the answers that the said Iohn and William had given in the said Parliament as before is said the Lords of the said Parliament that is to say the King of Castile and of Leon and Duke of Lancaster Edmund Earle of Cambridge Edmund Earle of March Richard Earle of Arundel Thomas Earle of Warwicke Hugh Earle of Stafford William Earle of Suffolke William Earle of Salisbury Henry Earle of Northumberland Iohn Lord Nevill Roger Lord Clifford and many other Lords Barons and Bannerets being in the said Parliament who had assembled and advised together from the time that the said Answers were given in Parliament the Fryday untill this Saturday at three of the clocke of things touching the Answers aforesaid and came and examined diligently the said Answers and other Articles touching those matters and taking thereupon good and mature deliberation and due information of the most valiant and most discreet Knights and others ●eing in the said Parliament it was thus said First of all in manner as followeth to the said William by the Steward reciting the things aforesaid touching the said William It seemeth to the Lords aforesaid That you William who had taken upon you safely to keep the Castle of Outhrewyk as before is said That you William have without any duresse or d●fault of Victuals evilly delivered and surrendred the same to the enemies of our Lord the King by your owne default against all apparent right and reason and against your allegiance and undertaking aforesaid and having by due information read the case of the late Baron of Graystock who was a Lord and 〈◊〉 of the P●●●s of the Real● who had taken upon him safely to keepe to the aforesaid Grandfather the 〈◊〉 of B●rwicke The said Baron perceiving afterward that the s●id Grandfather addressed himselfe to ride into the Realme of France the said Baron without co●mand of the said Grandfather committed the said Towne of Berwicke to a valiant Esquire Robert de Ogle as Lieutenant to the said Baron for to keepe safe the said Towne of Berwicke to the said Grandfather and the said Baron went as 〈…〉 to the said parts of France to the said Grandfather● and there remained in his company During which time an assault of warre was made upon the said Towne of Berwicke by the said Scots and the said Robert as Lieutenant to the said Baron valiantly defended the s●me and at last by such forcible assaults the said Towne was taken upon the said Robert and two of the sonnes of the said Robert there slaine in the def●nce of the same Notwithstanding because that the said Baron himselfe had taken upon him the safeguard of the said Towne to the said Grandfather and depart●d himselfe from thence without co●●●and of the said Grandfather and the said Towne of Berwick was lost in the absence of the Baron ●e being in the company of the said Grandfather in the parts of France as is aforesaid It was adjudged by advice of the said Grandfather the King of Castile who is present the Nobles Dukes and Counts whom God ass●ile Henry late Duke of Lancaster the late Earles of Northampton and Stafford and Sir Walter de Manny That the said Towne was lost in default of the said Baron and for this cause he had judgement of life and member and that he should forfeit all that he had and to render this judgement in these words the said Sir Walter had a command from the said Grandfather Which things considered ●●d this also That you William surrendred the said Castle of Outhr●wyk to the enemies of our Lord the King aforesaid without any duresse or want of victuals against your allegiance and undertaking aforesaid the Lords above named sitting here in full Parliament adjudge you to death and that you shall be drawne and hanged But because that our Lord the King is not yet informed of the manner of this judgement the execution thereof shall be respited untill the King be informed thereof Whereupon it was commanded to the said Constable safely to keepe the said William untill he had other command from ou● Lord the King And as to the said Iohn Lord of Gomeneys touching his answers aforesaid it was shewed unto him by the said Steward how the said Lords had assembled and considered of the said answers as afore is said and moreover it was shewed to him how that in the time that Sir Ralph de Ferrers Knight had the custody of the said Towne and Castle of Arde the said Towne of Arde was not halfe so strong as it was at the time the said Iohn surrendered the same and the said Ralph had a command from the said Grandfather to surrender the same for the feeblenesse thereof before that the said Ralph would put himselfe into very great perill for the safeguard thereof notwithstanding the said Ralph valiantly defended and maintained the same against a ●ery great and strong assault of warre And thereupon and the things aforesaid and other evidences touching the answers of the said Iohn in this behalfe it was said in manner as followeth to the said Iohn being in Parliament by the said Steward reciting all things aforesaid touching the foresaid Iohn and also the forecited judgement of the said Baron and the cause thereof in manner abovesaid That it seemed to the Lords aforena●ed sitting here in Parliament considering your answers in this behalfe and the examinations and informations had thereupon as before and having regard also to this that there wer● lately sent unto you to the said Towne and Castle of Arde above the number of men with which you had at another time undertaken the safe guarding of the said Towne and Castle 20 men of Armes and 20 Arch●rs to enforce the same according to your reque●● then made to certaine Lords late being upon a message at Calys on the behalfe of the said Grandfather and this also that at that time it was said unto you by the King of Castile who is here present ●h●t if you could not well keep them you ought in no manner to undertake to keepe the same and that another should have and keepe them who would take upon him safely to keepe the same to the said Grandfather and his heires aforesaid and thereupon you undertooke to keepe th●m safely without surrendring them to any except in manner
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●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