THE doom OF COWARDISZE AND TREACHERY OR, A lookingglass for Cowardly or Corrupt governors, and soldiers, who through Pusillanimity or Bribery, betray their Trusts, to the public Prejudice. Containing certain domestic laws, heretofore, lately made, and judgements given against such Timorous and Treacherous persons; fit to be known in these unhappy Times of war. By William Prynne, Utter barrister of Lincolns-inn. DEVT. 20.1.2.34. When thou goest out to battle against thine Enemies, and seest Horses and Chariots, and a people more than thou, be not afraid 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 ye are come nigh unto the battle, that the Priest shall approach and speak unto the people & shall say unto them: hear, O Israel, you approach this day unto the battle against your Enemies; let not your hearts faint; fear not, and do not tremble; neither be ye 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 afraid often thousands of people who have set themselves against me round about. The Lord is my light and my salvation, whom shall I fear? The Lord is the strength of my life, of whom shall I be afraid? Though an host should encamp against me, my heart shall not feare● though War should rise against me, in this will I be confident. Luke. 17.33. MAT. 16.25. Whosoever shall seek to save his life (by cowardly and unworthy practices) shall lose it; and whosoever shall lose his life (by adventuring it valiantly) shall preserve it. Imprimatur John White, Octob. 23. 1643. LONDON, Printed for Michael Spark Senior, and are to be sold at the Blew-Bible in green-arbor, 1643. TO THE READER. REader, I presume the following pages need no Apology, for their seasonableness in times of War, or necessity in an Age of Timidity and Treachery. All men of valour will protest and join forces with me against Cowards; all persons of honour & sincerity, against traitors, and Deceivers, (the only enemies here encountered;) especially in a public War, undertaken, managed for no other end, but the defence of Religion, laws, Liberties, justice, and bringing Delinquents, traitors to their native Country, unto condign punishments; In such a sacred warfare as this; * Lncan. l. 10 de Bello Civili. Nulla fides, pietasque viris qui castra sequuntur, is not only a Paradox, but a Prodigy, yea an inexpiable impiety: which ought to admit no other Centurions, or soldiers, 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 alms to the people (Instead of plundering them) and prayed to God always; Or in one word, such as that royal magnanimous general and captain of God's Host, King David, was; * P●al. 89.20. Act. 13 22. A man after God's own heart, who shall fulfil all his will. To such martial men as these (and I would to God all our Armies were wholly composed of no other) I know these lines will be very acceptable; no ways displeasing. If any grow offended at them, I fear their indignation ariseth only 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 suitable for men, for times of action. soldiers who act much, can read but little. This induced me to present thee with a manual only, in such a subject, which I could have amplified into a Volume: Dictum sapienti sat est. A few good precedents, are sufficient to inform, reform many persons, and abuses: which if these, through God's blessings, shall effect, I have the accomplishment o● my desire. Farewell. THE doom OF cowardice and TREACHERY. IT was one part of that excellent Military Discipline which God himself pr●scribed unto his own people when they went out to battle against their Enemies, that the Officers, should speak thus unto the people, (in nature of a public Proclamation:) Deut. 20.18. What man is there that is fearful and faint hearted? let him go & return unto his hous●, le●t his brethren's hearts faint (by his flight or cowardice) as well as his heart. In pursuance whereof; valiant (a) Judge● 7. 1● 2, 3● Gideon having assembled an Army of thirty two thousand men, to fight against the Midianites, God commanded him, to go and proclaim in the ears of the people, saying; whosoeever is fear●full and afraid, let him return and depart early from Mount Gilead (where they were assembled:) whereupon there returned of the people twenty two thousand, and there remained only ten thousand; more than two parts of three, being pusillanimous Cowards; and therefore altogether unfit for martial affairs, better dismissed then retained in such a service. (b) Mac. 3.56. The like Proclamation, according to this Law, we find made by that heroic general of the Jews, Judas Maccabaeus. Cowardly, and timorous persons are (c) Rev. 17.14. c. 21.7, 8. Esay 51.12, 13. Hen. Ranzoui●● de Bello. l. 1. c. 11, 12. no fit soldiers to be employed in any temporal or spiritual Militia; and therefore by God's 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 soldier, but more especially, the Office of a governor or Commander, (d) Lu. 14 s 31. 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 known speech of Chabrias being an experimental verity, (e) Plutarchi A●●ph 71. 41●Pelybius. Hist. l. 1. & Henricus R●nv●uius Commentarius. 〈◊〉. l. 5. c. 1. lib. 1. c. 12. That an Army of hearts with a lion for their Leader, is more terrible than an Army of lions with an heart for their Commander; the cowardice of the general being o●t times the overthrow of the most valorous Army, and the timorousness, or covetousness of the governor, the loss of the strongest City or Castle, to the intolerable damage of those States or Princes who employ them in such military services. Hence in all ages, cowardly, mercenary treacherous soldiers and governors, who through ●eare or covetousness 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 publicly known in these times of War, for the terror of such Delinquents, and better encouragement of all men of arms, valorously and faithfully to discharge the trusts they have taken upon them; even for fear of legal executions, where the advancement of their own honour and reputation, and public safety will not engage them faithfully to discharge their duties. Not to trouble you with any (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. foreign Histories, laws or customs of this nature, I shall present you only with some few domestic precedents; to which the industrious perusers of our Records and annals, may accumulate many more. By the (g) Lambard: Arch. fol. 135. De Here●ochiis. laws of King Edward the Confessor, he who flieth from his Lord or fellow soldier for fear of War, or death, in the conduct of the Horetock (or captain) in any expedition 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 slain in War before his Lord, be it in the Land, or elsewhere, let his reliefs be pardoned, and his heirs enjoy his money 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 less than felony and death for any soldiers, to depart from their captains, without their licence under hand; for which many soldiers have been condemned & executed, a● you may read in Sir Edward cooks, 6. Rep. f. 27. in the case of soldiers. And before these Statutes Thomas Earl of Lancaster was (h) Walsingham Hist. p. 89. Holinsh●d, Grafton. Stow● Speed; Trussel. in 12. R. 2. proclaimed a Traitor by the whole army in the .12. year of King Edward the second, for departing in discontent from the Ar●ie, at the Siege of Berwick, by means whereof it was not taken, and the Siege raised. If then deserter● and forsakers only of their captains and Military Service are punishable with death, then much more such Cowards and Fugitives, who (i) Ps. 78.9. like the Children of Ephraim, being armed and carrying bows, turn their backs and fly in the day of battle; or refuse to (k) E●e. 22.30. stand in the gap, to make up the breach and repulse the enemy. For precedents of proceedings and judgements against Cowardly soldiers, and Governous of Forts, take these ensuing instead of many. (l) Dan. p. 18. Speed. p. 502. Holin●. and Stow. An. 2. H. ●. Henry de Essex, standard-bearer to the Kings of England by right of inheritance, was accused of high Treason in the second year, of King Henry the second by Robert de Montford his near kinsman, & vanquished by him in a Duel● at Reading, for his cowardly abandoning and throwing down the Standard royal i● North-wales in the battle against Prince Owen amidst the mountains, & flying when fiercely assaulted by the Welsh, whereby the King's army was endangered to be Routed: whereupon though his life was pardoned, yet his lands were seized into the King's hand, and he shor●e and shut up a monk in the abbey of Reading, where he died: The Case of Gomeneys and Weston. In the Parliament Rolls of 1. R. 2. Num. 38● 39.40. I find this notable record, which I shall transcribe at large. Item, whereas it was prayed by the Comm●ns, that all those who have rendered or lost Castles or towns through the very default of the captains, 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 evil examples which they have given to other●, who are governors of towns and Castles, it was commanded 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 year afor●said, Sir John 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 towns 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 behalf of our Lord the King. Upon which day of Friday, the said John 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 commandment 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 took upon you from the most puissant Prince, whom God assoil, Sir Edward late King of England, grandfather of our Lord the King that now is, safely to keep to him and his heirs, Kings of England, the Castle of Outhrewyck, without surrendering it to any one but to the said grandfather or to his said heirs, or by command from him or from his said heirs; have you William who are a liegeman of our Lord the King, in times of the same our Lord the King who now is, true heir to the said grandfather, delivered and surrendered the same to the Enemies of our Lord the King, without command from him, to the dishonour (or damage) of him and his Crown and of the Estate of his realm of England, against your allegiance and undertaking aforesaid? What will you say hereunto? (m) Num. 39 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 final answer in this behalf, or not? And hereupon the said William prayed that this Cedule might be redelivered to him, and that he might put in his final 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 final answer in this behalf, the Tenor of which Cedule is such as followeth. To the most sage council of our Lord the King, and to the other Lords and Commons of the Parliament, supplicates and showeth 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 informed by a spy, that a great power of the Enemies would come upon him to besiege the said Castle, with very great and very grievous Ordnances; whereupon he the said William presently by his Attorney and by his Letters, required of the said council, that it would please them to reinforce the said Castle with m●re men, for the defence and safeguard thereof, in regard that the Garrison of the said Castle that then was, were not half 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 council. And so the said William not at all through his default, was left without people sufficient for to keep and defend the said Castle any long tim● which he beseecheth you to take into your just and benign consideration. Also, please you to know● how upon a Monday about one of the clock the enemy came to be●●eg● the said Castle, to the ●umber of about 2600 Men of arms, and 700 Arblasters Genevoyes, and with 5000 of the Commonalty of the country, having nine great Cannons, divers Engines, and one * Trebuchet. Morter-piece, beyond all measure, greater than ever they had seen any before in those Marches; and the same hour, presently a great number o● the men of arms and Arblasters aforesaid came before the Gates for to assail the said Castle, and at this time a Knight of theirs was slain, who was x to the Lord de Clisson as was reported, and many others were likewise then slain 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 walls and houses of the Castle battered down 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 God's 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 marshal 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 faggots, with scaling-ladders, Galleries, and all other nec●ssaries to be drawn up near to the very Ditch of the aforesaid Castle; and the next day which was Saturday, they made all things ready plainly for to assault the place. And then first of all they sent an Harrolld to the said William to know, if the said Castle should be rendered 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 slain, wounded, and sick, so as there remained of all the people of the Garrison in health, but only 38 men to defend the same; hereupon by common assent the said Castl●, which could be kept no longer, was by ●orce surrendered, 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 himself upon his proof, according to your discr●ete Ordinances. Also it is to be rem●mbred, that when the said C●stle was thus rendered as aforesaid, certain 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 payment 1500 franks: of which he paid to his Companions for part of their wages, which was behind unto them for one quarter of a year and an half 78 Frank●s; likewise, after was paid at Caleys for the victuals of the said C●stle before that time du●, 442 Franks; Also for the passages of the said William and of his companions unto England, and lik●wise for the expenses of the said William being at calais 135. franks. And therefore the said William prayeth, in this regard, your justice and benignity, seeing by envious suggestion he hath against all reason been 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 been at before this time for to victual the said Castle, (for which he hath given his obligations in divers places, and oweth great sums, by reason whereof he is on all sides undone● if your just benignity do not succour him;) that you would be pleased for God's sake, and for pity, to ordain likewise for him, that he may by your discreet nobleness recover his estate and goods. Also the said William Weston showeth, How the first day when the enemies came before Arde, that he went in haste to Caleys unto the captain, 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 captain 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 town 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. John Lord of Gomineys, you took upon you to the most puissant Prince, whom God assoil, Sir Edward late King of England● Grandfather to our Lord the King that now is, safely to keep to him and his heirs, Kings of England, the town and Castle of Arde, without surrendering 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 heir to the said Grandfather, delivered and surrendered to the enemies of our Lord the King without commandment from him, to the dishonour of him and of his crown, and of the estate of the realm of England, against your undertaking aforesaid: What will you say thereunto? Whereupon the said John answered, That the said town and Castle of Arde were so weak, that he could not well keep them against so great a power of the enemies, which was then ready to affaile the same town and Castle; and therefore he caused to assemble all the Knights, Esquires, and others being in the said town, and informed them of the perils of the said town, and force of the said enemies, and by common counsel 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 town and Castle of Arde; without that, that he ever took any thing for to surrender the said town and Castle of Arde. Upon which one Geoffry of Argenton Knight, said in full Parliament to the said John, That he the said Geoffry was at that time in the said town in company of the said John, and that the town and Castle of Arde were never delivered nor surrendered by his counsel nor assent, but that he was always ready to die and live upon the safeguard of the same; and 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 John and William until the next day, the Saturday next ensuing● and to bring them again 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 year aforesaid, it was showed 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 John 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 Castille and of Leon, and Duke of Lancaster, Edmund Earl of Cambridge, Edmund Earl of March, Richard Earl of Arundel, Thomas Earl of Warwick, Hugh Earl of Stafford, William Earl of Suffolk, William Earl of Salisbury, Henry Earl of Northumberland, John Lord Nevil, 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 Friday, until this Saturday at three of the clock, 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 surrendered the same to the enemies of our Lord the King by your own 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 keep to the aforesaid Grandfather the 〈◊〉 of B●rwicke: The said Baron perceiving afterward, that the s●id Grandfather addressed himself to ride into the realm of France, the said Baron (without co●mand of the said Grandfather) committed the said town of Berwick to a valiant Esquire Robert de Ogle, as Lieutenant to the said Baron, for to keep safe the said town of Berwick 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 war was made upon the said town of Berwick 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 town was taken upon the said Robert, and two of the sons of the said Robert there slain in the def●nce of the same. Notwithstanding, because that the said Baron himself had taken upon him the safeguard of the said town to the said Grandfather, and depart●d himself from thence without co●●●and of the said Grandfather, and the said town 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 Castille who is present, the Nobles, Dukes, and Counts whom God ass●ile, Henry late Duke of Lancaster, the late Earls of Northampton and Stafford, and Sir Walter de Manny, That the said town 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 surrendered 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 drawn 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 until the King be informed thereof. Whereupon it was commanded to the said Constable safely to keep the said William, until he had other command from ou● Lord the King. And as to the said John Lord of Gomeneys, touching his answers aforesaid, it was showed 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 showed to him, how that in the time that Sir Ralph de Ferrer Knight, had the custody of the said town and Castle of Arde, the said town of Arde was not half so strong as it was at the time the said John surrendered the same; and the said Ralph had a command from the said Grandfather to surrender the same, for the feebleness thereof, before that the said Ralph would put himself into very great peril for the safeguard thereof; notwithstanding the said Ralph valiantly defended and maintained the same against a ●ery great and strong assault of war. And thereupon, and the things aforesaid, and other evidences touching the answers of the said John in this behalf; it was said in manner as followeth to the said John being in Parliament, by the said Steward, reciting all things aforesaid touching the foresaid John; 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 behalf, 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 town and Castle of Arde, above the number of men with which you had at another time undertaken the safe guarding of the said town and Castle, 20 men of arms, and 20 archers, to enforce the same, according to your reque●● then made to certain Lords late being upon a message at Clayes on the behalf of the said Grandfather; and this also, that at that time it was said unto you by the King of Castille who is here present, ●h●t if you could not well keep them, you ought in no manner to undertake to keep the same, and that another should have and keep them, who would take upon him safely to keep the same to the said Grandfather and his heirs aforesaid; and thereupon you undertook to keep th●m safely without surrendering them to any, except in manner as aforesaid; and now you John without duresse or default of Victuals or Artillery, or of either things necessary for the defence of the said town and Castle of Arde, without command of our Lord the King, have evilly delivered and surrendered the same to the enemies of our Lord the King, by your own default, against all appearanc● of right or reason● and against your undertaking aforesaid; wherefore the Lords aforesaid, here in full Parliament adjudge you to death; and because that you are ● Ge●tleman and a Baronet, an● have served the said Grandfather in his wars, and are no lieg●man of our Lord the King, you shall be beheaded, without having other judgement; And because also that our Lord the King is not yet informed of the manner of this judgement, the execution thereof shall be put in resp●●e, until our Lord the King be informed thereof. Whereupon the foresaid Constable was commanded safely to keep the said John, until he had other command from our Lord the King. And it is to be remembered; that Geoffrey Martin clerk of the crown made this very Record, and delivered it thus written in this present roll, with his own 〈◊〉. From this memorable Record, I shall only observe these few particulars. First, that the surrender of towns or Castles to the enemy, through cowardi●e or treachery, is properly examinable, and tryable only in Parliament, it being a detriment to the whole kingdom, and so sit to be determined by the represe●tative body of the kingdom. Secondly, That the cowardly delivering up of any town or Castle by the governor thereof to the enemy, is a capital offence, deserving death; and likewise the loss of it through his neglig●nce or default. Thirdly, That every governor who takes upon him the custody of any Fort o● town, is obliged in point of trust and duty, under pain of death, to defend it to the utmost extremity. Fourthly, That the concurrent a●s●nt of a council of war or soldiers, to render up a town to the enemy before utmost extremity, for the saving of the house●, lives, and goods of the soldiers or inhabitant●, is no excuse at all to justify or extenuate such a governors dishonourable surrender and offence. Fiftly, That those who are accused of such an unworthy surrender of any Town or Castl●● ought to be apprehended and kept in saf● c●stody till their trials be past; and not suffered to go at large. Si●tly, That a governors giving timely notice of the enemies approach, of the weakness of the Garrison, his suing for timely aid, and repulsing of the enemy for a season, will no ways excuse his surr●nder of a town or Castle, unless he hold it out to the uttermost extremity, or surr●nder it by the consent of those who entrusted him with the custody thereof. Seventhly, That the violent battery of the walls, or draining of the dikes of any Castle or City, or any breaches made in them by the enemy (though extraordinary powerful) are no sufficient ca●ses or excuses for any governor to surrender them upon composition to the enemy, whiles there is sufficient Victuals, Men, or Amu●ition, to defe●d them; and that they must in no wise be surr●ndred without consent of those who put in the governor, till the greatest part of the soldiers be sl●ine, the Victuals or Ammunition quite spent, and all hopes of relief despaired of utterly, upon good grounds, Which is clear by the case of Weston, who made a better defence of the Castle of Outhr●wicke with 38 men only, against more th●● 800● enemies (who bes●●ged, ass●ulted, battered it for six days together, with nine great Cannons, and other Engynes) and pleaded far more in the d●fence of his surrender of it, than many now can do for surrendering of towns and Castles of far greater importance than this Castle was, in a shorter time than he did; when furnished with ●arisons of many h●ndr●ds, and sufficient Victuals and ammunition, and that before any battery or assault made against the walls thereof: and yet for all this was Weston in full Parliament adjudged to death for it, though he sold the Vict●●ll and Prisoners to the enemy, and paid his soldier's wages, and other debts of the Castle with the money. When some of late have surrendered Victuals, arms, Colours, Cannons, Prisoners, and all Magezines whatsoever to the enemy before they were nece●●●tated or enforced to it, to the Kingdome● unspeakable loss prejudice, and the enemies infinite advantage. ●re●●●ngham & ●pil●sworth. In the Parliament Rol● of 7 R. 2. Num. 17. I find this case in Parliament in these term. Item, upon the compla●nt which hath been made to the King, of Pierce de Cre●●ingham and John de Spykesworth Esquires, concerning this; that whereas they wer● made in the said voyage (to wit of the Bishop of Norwich into Flaunders with an Army) captains and Guardians of the Castle of Drinkham in Flaunders, which was gained from the enemies, and after that well and sufficiently stored with victuals and other necessaries, and strong enough to be held against the enemies, that they left and rendered the said Castle to the said enemies, receiving of them for this delivery and surrender, by Treaties made with the enemies, a sum of gold, and that by Covenant made with the King's enemies, without the will and command of our Lord the King himself or of his Lieutenant: for which the said Esquires were arrested by command of the King, and after put to their answer in Parliament. And the said John Spikesworth excused himself before the King in Parliament, in this manner, That he had never the custody of the said Castle, nor any thing to do therewith, ●●ve only that as ●e was riding into the country somewhat near the said Castle of Drinkham, to make his best advantage upon the enemy, by force of the said enemies he was there chased to the said Castle, then being in the custody of the said Pierce de Cressing●am; and soon after he saith, That upon an assault made to the barbican there, by the enemies, he wa● unhappily routed, and one of his varlets slain in the Garrison very near him, where he remained continually until the said Pierce rendered the same, and otherwise he had never any thing there to do, neither as a soldier thereof, nor in any other manner whatsoev●r; praying, that therefore it would please our Lord the King to have him well excused. To whom it was answered on the behalf of the King, that if any man knoweth not to say more against the said John, contrary to his said answer now made, that the King will hold him well excused, and will tha● he shall be disarrested, and suffered to go at large. And the said peers of Cressingham well knowing that he had the guard of the said Castle, said, That as soon as the enemies were come before Burburgh, in which were the L. Beamond, Sir William of Ellingham, Sir Thomas Tryves, Sr●William Farrinden, and many other English men, and the town and Castle of Burburgh being rendered to the enemy, of all the soldiers which he had with him at Drinkham, none would there continu● with him upon the safe guard of the said Castle but only 5 persons in all; by reason of which great necessity he was forced, in safeguard of his own 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 only 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 himself most humbly into the grace of his Liegelord. And because that this excuse seemed not at all to be sufficient● (though a better than many now can make for themselves) he was committed to prison, there to remain until the King our Lord had otherwise declared his pleasure concerning him. In the same Parliament of 7 R. ●. Num. 22. The Bishop of Norwich general of the Forces sent over into Flaunders, The Bishop of Norwich his arraignment and second answer. having 4 Articles exhibited against him in this Parliament, touching that expedition, and the surrendering of gravelling 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 himself, gave the●e his answers, such almost as before, concerning all the things aforesaid; adjoining thereunto, that the time when he heard the news that the vanguard of the host of France was entered the County of Flaunders and that thereupon the said siege of Ipre was thereby removed, he took a resolution to have encountered the vanguard for to have fought with them, which purpose of his he could not perform by reason that the captains of his Host would not a●sent thereunto, but those captains 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 gravelling, & the same would he have held out well enough against all men, and did hold out until the other captains had rendered their Forts to the French; and after that, until that s●me English might com● unto him incontinently, although there were well-nigh about 6 or 7 thousand English lying upon the sands near Calyce, who were made to come out of the said Forts rendered, to their great mischief and prejudice, because they had not wherewith to live, neither could they have entrance into the town of Galeys; And for as much as the Truce made before that time ought to cease within two or three days 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 been made, would principally have turned, upon the said Bishop, and after on the other captains, to far greater villainy and mischief than any other thing could bring; the Bishop was thereupon required and charged on the behalf of the King himself, that he should render the town to the enemies, or else demolish it and go his way to succour the said people, and after that towards England in salvation of himself and others of his host, for they said, that if any thing else but good had happened to the said people, lying on the sands, they would have truly called the said Bishop to an account before the King himself: Whereupon it * See the history of this Treaty and aba●ement of the town in Walsingham. Hist. Angl. p. 327, to 330. and in Holinshed, Speed, Graf●on, in 6 R. 2. behooved him the said Bishop to abate and void the said town of gravelling, as it was lawful for him to do at his pleasure, being gained by his proper conqu●st from the enemy. And for this, and for the other reasons formerly alleged 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 town, as in verity there was, that then in salvation of himself, and of the said people, he should void the town and succour the said people, and after return into England; it seems to him, that he ought to be well ex●used of what ever is surmised against him. * Num. 27. To which the said chancellor replied and said: Master Bishop, as to this your last reason, it is true that you had sufficient victual 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 uncle of Spain to come speedily to you for your aid and succour; and all this notwithstanding you departed thence, leaving the said town to the enemies against the form 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 possess. And also to that which you have said in your f●●st answer, that by your said voyage Truce● had been agreed between the realms, and happy offers of peace made by the adversaries of France, which you say shall be an introduction to a good and final peace, which God grant, it contains no truth at all; For true it is, that the news spread in the Army of France of the coming of our Lord the King, and of Mounsieur of Lancaster, who was at the Sea side ready to pass for your succour, was the principal cause of the Truce and proffers 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 alleged, nor for the rebellion of your captains 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 council,) you neither can nor aught to be at all excused of the damages, deceits, villainies, contempts, and the other losses and misprisions surmised to you, nor in especial of the Treaty made with the enemies upon the deliverance of the said Fortresses, of which there are certain Indentures made and drawn between you and your captains on the one part, and the enemies of the King on the other part, sealed with their seals, and the seals of the other Captains, without the authority or consent of the said our Lord the King, as before is said. And moreover the said chancellor said in the behalf of the King, Sir Bishop, although the King our Lord might clearly handle and judge you as a temporal person of his realm, because you have behaved and carried yourself a● a temporal person; for you expressly obliged yourself to the King our Lord by your Indentures, to be a soldier of the King, to govern the Christian people after the term 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 publicly as a Lord temporal, against the common custom of the estate of a Prelate of England: Notwithstanding, by reason of your estate, the King our Lord, of his grace, will forbear for the present to lay his hands upon your body. But for as much as he is informed, that you yourself have complained to many Lords of the realm, that wrong hath been 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 peers of the realm, this is greatly to be marvelled of you, and of these your words, seeing the ill success toucheth nothing at all your Peralty, but only certain misprisions which you have made and perpetrated as a soldier of the King, against the form of your Indentures and Covenants which you have made with the King our Lord, to the great damage of the King, as before is said, whereof the conisance and punishment of common right and ancient custom of the Realm of England, only 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 yourself, upon the things surmised against you, but as it seems have more greatly impaired the same. Wherefore by the assent of the Earls, Barons, and other Lords temporal 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 ransom for your misdoing, according to the quality and quantity thereof. And to do this yo● shall be compelled and constrained by the seizure of the temporalties of the bishopric 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 peril which shall follow. And it is expressly 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. * See Walsing. Hist. Ang. p. 3●7 to 330. Holins. Grafton, Fabian, Stow, Speed, Martin, Trussel, in 6 Rich. 2. Upon this Judgement the Temporalties of this Bishop were immediately seized into the King's hands, and detained in them a long time for this his surrender of gravelling, 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 been a layman, only for the surrender of Burburgh and gravelling, 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 coming so speedily as was expected to him, he compounded with the French to raze gravelling 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 town to the uttermost, though the enemy gained it not, and himself had formerly won it from them. In this very Parliament of 7. R. 2. as I read in * Hist. Ang. p. 337. Walsingham, and in Holinshed, Speed, Grafton, Trussell, out of him, news came from the Northern parts, that the Castle of Berwick was taken by the Scots, whose custody Henry Percy Earl 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 Earl. Hereupon by Duke John's procurement (as was reported) the said Earl on the fourth of December, for the loss of the said royal Castle, by the Judgement of the Lords and of the King then present in the said Parliament, had a sentence of condemnation publicly pronounced against him, notwithstanding that the said Earl had been summoned to the said Parliament by the King's Writ, and would rather have tarried at home for the defence of his Country. But the execution of the said sentence was soon after released by the King, and the Earl 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 days took it by composition, he giving the besieged their lives, moveables, and two thousand marks to surrender i●. And thus he 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 * Speeds His●. p. 1050. 1156. Grafton, Holi●shed, How, Cambden. Wentworth governor of calais, delivering up that town to the French, (after they had taken the Castle by force, made a breach in the town walls, and slain above fourscore of the Garrison at one assault when they took the Castle, together with Sir Anthony Ager marshal of the town, and his son and heir) and that upon dishonourable terms, not without some suspicion of treachery, he was thereupon indicted in Queen Mary's days for his cowardly and treacherous surrender of this Town, contrary to his trust; and after that was arraigned at Westminster in the first year of Queen Elizabeth, the marquess of Northampton bei●g his Judge, and Lord chief Steward of England for that day. But that noble man so nobly defended himself, that he was acquitted by his peers, and won a most honourable opinion for his many and faithful former ●●rvices, otherwise he had lost his life. Anno 27. H. 6. Caen being besieged by the French, * Grafton p. 644, 645. Fabian, Holinshed, Speed, Stow, Martin, Hall, 27 Hen. 6. the Duke of Somerset governor of Normandy then in it, being more piteous than hardy, moved with the dolour and love of his wife and children, called a council of war, and would have surrendered it to the enemy upon composition: But Sir David Hall being captain of the town under the Duke of York, owner of the town by the King's gift, would not consent thereto without the Duke of York's assent, (though the Duke alleged he was the King's Deputy there, representing his person, and might do what he pleased, according to his discretion) it being committed to his immediately trust. To give you some few domestic Examples of the punishment of treacherous surrenders of Fo●ts, and penalties inflicted for the same. * 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, Martin, in 12 Edw. 2. Cambd● Brit. p. 1817. Anno 1312. being the twelfth year of Ed. the 2. his reign, Peter Spalding, to whom this King had entrusted the town of Berwick, treacherously sold and betrayed the same of the Scots for money. But Spalding, after the Treason done, had the reward of a Traitor; Robert King of Scots, to whom he sold and betrayed the town, putting him to death, to save the King o●England the labour of hanging him for this Treason. Sir * Walsing. Hist. Ang. p. 245. to 248●Fabian , Holinshed, Pol. Virg. Grafton, Stow, Speed, Martin, Trussel● in 3 Rich. 2. John Annesley Knight, in the Parliament of 50 E. 3. (commonly styled, The good Parliament) had accused Thomas Katrington Esquire of Treason, for selling and delivering up the Castle of S. Saviour (built by the Lord John Chaundos within the Isle of Constantine) to the French, for an instimable sum of money, when as he wanted neither means of defence, nor victuals: which Castle, had it not been thus traitorously alienated, had descended to the said Sir John in right of his wife, being next heir to the Lord Chaundos, offering to make good this accusation, and try it out by duel; whereupon the said Thomas Katrington was then apprehended and imprisoned, but soon after by means 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 war, in all just and unjust, in true and false things; neither could the said Sir John obtain the effect of his suit till the Parliament of 3. Rich. 2. Anno 1380. some men affi●ming, That it was against the laws of the realm for any man of the realm to fight such a duel for such a cause; Many who * Note. feared the like tax and ●ccusation, did most of all hinder this trial: but at last, in this Parliament, the ancientest and truth-speaking Knights of the realm being assembled, it was resolved, that for a foreign cause, such as the present was, which arose not within the limits of the kingdom, and for the possession of transmarine things, it was lawful for any man to fight a duel, if the cause were before certified to the Constable and marshal of the realm, and the duel accepted by the parties in their presence. Where●pon a day of battle, and Lists were appointed them in the Court at Westminster, where this duel being solemnly fought on the seventh of June between these two Champions, in the presence of the King, Nobles, and an infinite multitude of people; the traitorous Esquire wa● vanquished by the Knight, to the joy the of common people, and to the grief of Traitors: the Esquire, who fainted in the place, died the next morning, to save the hangman a labour, else he should have been ex●cuted, as the * Walsing. Hist. Ang. p. 337. see Holinshed, Grafton, Speed, Tussel, in 7 R. 2 Navarrois was in 7. Rich● 2. when vanquished in a like duel before the King and Lords in Parliament, by John Walsh Esquire, (whom he falsely accused of Treason, done beyond the Seas, against the King and kingdom, upon the like occasion) though the Queen and many others interceded to save his life. 7. Rich. 2. The case of Sir William de Elmham and others. In the Parliament Rolls of 7. Rich. 2. num. 24. I find 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 been with the chancellor, and acknowledged and confessed to him, How that they had received certain sums of Franks of gold of the French, in lawful 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 parcel three thousand Franks of gold. Item, in another parcel, &c. Item, the said Sir William Elmham received another parcel of the French for the Castle o●Burburgh, whereof Master William de H●o was then captain, and for the victuals of the said Master William de Hoo, being in the said Castle of Burburgh two thousand Franks, whereof the said William de Elmham presently paid, as he said, one thousand Franks to the said Master William de Hoo, and the other thousand Franks he promised to pay at a certain term to the same Master William 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, victual, Armour, and other refreshment, without special 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 certain Covenants made between the said French enemies, and you the said Sir William de Elmham, Thomas Tryvet, Henry de Fertiers, a●d William de Farndon, and others, of which there are certain Indentures made and sealed with your seals; 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 arms, you received the said sums of gold; and by this, and by other your affairs, and rebellions made to your general, the said host was spoiled and destroyed, to the grievous damage, villainy, and contempt of the King our Lord, and very great profit and comfort of the said enemies, for which you are worthy to undergo reproach and grievous punishment. For you Sir William de Elmham, received of the said enemies the said two thousand Franks, for the sale and surrender of the said Castle of Burburgh, and of the Victuals, arms, 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 William de Hoo captain 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 William de Elmham, Thomas Tryvet, and William de Farndon, received to your proper use in common the said three thousand Franks of the gi●t of the said enemies, for your consent and aid to the said Treaty made upon the voidance of the English out of that country, and the deliverance of the Town, of gravelling, and of the other Fortresses then occupied in those parts, &c. And you the said Sir William Farndon are in another very great default, because yo● would not carry back to the said Enemies the five thousand Franks by you left at gravelling, against the will and command of the said Bishop your chieftain, &c. And the said Sir William de Elmham saith, That although he hath so received the sums a●oresaid, yet it was done for Victuals, Prisoners, and other goods which he had within the fortress of Burburgh, and elsewhere in those parts, and which with the same fortress he rendered by the said Treaty, as of fine force he ought to do for the salvation of himself and his people: for otherwise the town 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 great number, and the town within set on fire, had been taken by them by force, and all those within it take● or slain: and therefore he conceiveth, that in doing this, he hath done nothing amiss. But notwithstanding, if it appears to the King our Lord that he hath done any thing amiss, he puts himself upon his noble grace, &c. And the said chancellor 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 back to the said enemies; This is not true, for it had been better that the enemies had received their own gold, than 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 himself in such manner as you would now excuse yourself. And after these matters thus by the same persons alleged for their excuse, being considered, and held and adjudged insufficient for their excuse in this behalf, The said chancellor in behalf of the King, spoke 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 payment 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 sums of gold, and have given them horses to their great refreshmen●, for which you had no licence of the King nor of his Lieutenant, shall be in the mercy of the King, body and goods, to do 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 * See Holins● Grafto●, Speed, Hall, Martin, An. 28 H. 6. Duke of Suffolk, a●ong others these ensuing; That he being ambassador for the King of England to Charles, Art. 4● calling himself, French King, promised to Reynor King of Sicily, and to Charles Dangers his brother, enemies to the King, the release of Angeou, with the deliverance of the County of Main, and the City of malt or Mauns; which promise after his return he caused to be performed, to the King's disinheritance and loss irrecoverable, and to the strengthening of his enemies, and feeblishment of the duchy of Normandy. To the which Article he answered, That his Commission was, to conclude and do 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 realm, hath untruly counselled you to grant fro you without due consideration the Castle of Mawlyon de Sooll, Artic● 32. and full many divers other great Lordships, Seigh●uries, Places, Offices, Profits, Revenues, Casualties, and Commodities within your said duchy of Guyan, whereby your power there to support your wars and arms, and to pay the wages of your great councillors, Captains, and soldiers hath been so enfeebled, that your people of the same duchy, neither your land there, might in no wise be defended. Artic. 34. Item, the said Duke of Suffolk without deliberation and advise of Your counsel, hath caused Your highness to grant to divers persons, many captain's Offices, towns, Lordships, Places, Interesses, Profits and Revenues within Your realm of France and Duchie of Normandy, to such persons as were not to You profitable, nor able, nor convenient to have or govern any of the premises, nor ever had deserved to obtain of Your Grace any such grant; which hath been done by him for his great avail and lucre, and hath been one of the greatest means of the loss of the said Realm of France, and duchy of Normandy. * See Hall's Chronicle 28. H 8. Gra●ton. p. 607. to 613. Fabian, Caxton, Holinshead, Speed, Stow. Polidor Virgil Martin. An. 28. Hen. 6. & 28. H. 6. in the Parliament rolls. num. 50.51.52. The Duke upon these Articles was committed to the Tower for one months' space, to pacify the people, and then released by the Queen's means, who entirely 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 realm 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 go unpunished; upon this the Commons rising up in divers places of the realm in Companies under captain Bluebeard, 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 extremely punished and tormented; and to be privy to this Fact, they accused as principal 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 continual clam●r of the importunate Commons against the Queen's Darling and his complices; to begin a shore pacification of so long a broil, first, he sequestered 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 Cheapside, who carried his Head about the streets of London fixed on a p●le, &c.) And then by his own authority, assembling all his Lords spiritual and temporal together, on the 17 day of March, in a Chamber over the cloisters at Westminster, he arraigned and banished the said Duke for five years, 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 Queen's chief friend and counsellor. But fortune would not that he should so escape; for when he was shipped in Suffolk, intending to be transported into France, he was encountered by a Sip of war, appertaining to the Duke of Exeter, of which the Constable of the Tower of London was captain, who entering the D●kes Ship with small ●ight, brought him to Dover rode, and there on the side of a cockboat cut off his head, as a traitor, and there left his body and head upon the Sands. S●●h was the end of these two ill councillors, only for advising this weak King himself thus dishonourably and Cowardly to surrender up these towns, Forts, and Territories in France, to his Enemies, to purchase an unhappy peace, to the Kings and kingdoms i●reparable great damage, dishonour, weakening, and the Enemies extraordinary advantage, strengthening and encouragement. To these I shall subjoin one presi●ent more, of a different nature, necessary to be known and considered of by all captains and Commanders, who defraud soldiers of their wages, or the republiks, to enrich themselves. * Walsingham● Fabian, Hole●shed, Grafton Stow. Speed. Daniel. Martin● In 5●. E. ●. In the fifty one year of King Edward the third, Sir John Minsterworth Knight was arraigned of Treason at the Guild-hall in London, before the Lord Major and other the King's Justices, for that he had received great sums of Money of the King to have paid his soldiers withal, and did it not, but kept the said sums of Money to his own use, and then fled to the French King, whereupon he conspired against his natural Prince and sovereign Lord; of the which Treason he was found guilty; and therefore had judgement, to be hanged, drawn, 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 captains and Commanders, who shall abate their soldier's Wages, or defraud them of their pay; or receive more pay for soldiers than are actually in service under their commands (the Case some say of too many captains now in these times,) but anciently this was, and in rigor of Law, still is, no less than a capital offence; The Act fo● soldiers. which should make all Commanders honest, faithful in this kind; for fear of capital Censures, if convicted of such an injurious fraudulent Crime. I shall close up these ancient laws and precedents, with some others of very late Edition. Hi●Excellency the Earl of Essex, Lord general of the Parliaments Forces, in his laws 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 town, &c. Whosoever yieldeth up ANY town, FORT, MAGAZINE VICTVALL, arms, ammunition, or that MENTIONETH, any such thing but UPON EXTREMITY, and that to the governor, or in council SHALL BE executed AS A TRAITOR. This Law is very punctual, and penal; yea so plaine●, that it neede● no explanation; only it may be doubted, what may be called extremity. For this I shall refer you, to the forecited Cases of Weston, Gomeneys, Cressingh●m, Elmham, and the Bishop of Norwich: and to that incompaable late martial Prince, the King of Sweden, Gustavus Adolphus, his Military laws, touching the Surrender of towns, where he 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 kind of food whereby to subsist, but must necessarily perish by Famine, if they yield not. Secondly, If there be no hope at all left them in such a Case, of any succour and relief. Thirdly, If without Parlying at that very instant, both the Forts, Men, and arms must of necessi●y fall forthwith into the hands and power of the Besiegers. If the governor of a town or Fort, can prove by pregnant Testimonies, that he was really reduced to all these extremities, than he is to be acquitted upon his trial; but if he fail in the real proof of any of these three, than he is to be condemned and executed as a traitor, by this King's martial laws. And whether all the towns, Castles, Forts, late in the Parliaments possession, and since by the governors thereof surrendered to the enemy's 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 yielded up, I refer to their most vigilant, just, and honourable Examination, whom it most concerns dilig●ntly to inquire thereinto, for their own and the whole Kingdoms future security: and severely to punish all timorous and treacherous governors, who out of cowardice or Avarice, have betrayed their Trusts, and in them the Parliament and whole kingdom (as much as in them lay) as well as the particular towns and Forts committed to their custody. Upon this very Law and the Common Law of the realm, * See M●ster John Vicars, his God in the mount. pag. 353. 〈◊〉 363. Master Tomkins and Master Challenor were lately arraigned, condemned, and executed by martial 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 city's Bulwarks, Forts, Magazines, Gates, and other places of importan●e in the City, and to let in the King's Forces to surprise the same: though they brought not this plot to such maturity as to put, or endeavour presently to put it into execution. Yea, by colour of the same Law, * See the examinations taken, and letters written by colonel Fiennes touching this particular, ●ublished in print. colonel Thomas Essex, late governor of Bristol, was suddenly apprehended and sent up prisoner to London, by colonel 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 surrendered the said City and Castle into the King's ●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 John Hotham for Hull too.) And not long after divers Citizens of Bristol were apprehended, imprisoned, and put to their several fines and ransoms, and two of them (namely yeoman's and Butcher) arraigned, condemned, and executed by martial Law in the streets of Bristol by colonel Fiennes, only for conspiring to deliver up the said City and Castle to Prince Rupert and the King's Forces, when they came first before it, though they effected not their design; and that before the City or Castle were completely 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 styled, * Roger de Hoveden. Annal. pars. prior p. 461, Castrum Fortissimum, A MOST STRONG CASTLE) the Metropolis, Magazine, chief Mart and Bulwark● of the Wester●● parts, of infinite importance to the Parliament and kingdom, (as this colonel himself attesteth in his printed * Pag. 3.13.14 Relation,) after it was strongly ●ortified, victualled for three months' s●ege or more, furnished with 55 piece of Cannon mounted in it, besides Murderers, and smaller pieces; manned with near two thousand Foot soldiers, and 300 Horse, or more; stored with no less than 60 Barrels of Powder in the Castle only when surrendered, (10 more than Gloucester 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 less than * How soon had the whole Kingdom been conquered had all other Cities and Forts, of less importance, been yielded up in so short a space, though worse provided, less defensibl●? ●oure day's siege, and the loss only of seven or eight Garrison soldiers, with the death well-nigh of one thousand of the enemies, before any out Forts were taken, or the town or Castle-walls battered or assaulted; (upon a breach made only in the Line of Communication, and the entry of a small party of the enemies, not 200, (which might at first have been 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 governor, with all the Cannon, arms, 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 loss of the whole kingdom; the extraordinary strengthening, 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 forbear to mention, since already published in print by colonel Fiennes himself, 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 King's 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 colonel's motion, to a public trial before a general council of war, in such a public convenient place, (in London or Westminster, as is conceived, where the Commons may be present) as his Excellency shall think fittest, for such a general cause of importance, to the whole kingdom. For other particulars formerly touched, his Excellency hath published these ensuing laws. NO man shall abandon his Colours, or fly away in any battle, upon pain of death. If a pikeman 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 bandeliers, 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 council of war; and if the fault be found in the Officers, they shall be banished the camp: if in the soldiers, than every tenth man shall be punished at discr●tion, and the rest serve for pioneers and Scavengers, till a worthy exploit take off that blot. No captain of a troop shall present at the Master any but real Troopers, such as are bound by their pay to follow the troop upon pain of cashiering without mercy. And if any Victualler, Feebooter, interloper or soldier whatsoever, of any other troop or Company shall present himself or his Horse in the Muster, to mislead the Muster-master, and to betray the service, the same shall be punished with death, No Muster-master shall wittingly let any pass in the muster, but such as are really of the troop or Company presented, upon pain of death, &c. Any Officers that shall presume to defraud the soldiers of their pay, or any part of it, shall be cashiered. These few precedents seriously considered, and Military laws duly executed, will be a ready way to make our captains and soldiers courageous, our Officers incorrupt, our governors trusty, our towns and Forts secure against our enemy's fiercest assaults, and finest underhand devices. I read in * Historiarum, ●8. p. 390, 391. Henry Huntingdon, that all the soldiers 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 took King Stephen prisoner. I hope these Pages may produce the like effect, and work this generous resolution in all our Commanders, governors, soldiers; Hîc igitur vel vincendum, vel occumbendum, spes fugae nulla. I shall close all with the speech of this consul. Necesse est ut ad probitatem confugiat, cui non potest esse aliud diffugium. FINIS.