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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
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