IT was one part of that excellent Military Discipline which God himselfe pr [...]scribed unto his owne people when they went out to battell against their Enemies, that the Officers, should speak thus unto the people, (in nature of a publique Proclamation:) Deut. 20.18. What man is there that is fear­full and faint hearted? let him go & returne unto his hous [...], le [...]t his brethrens hearts faint (by his flight or Cowardize) as well as his heart. In pursuance whereof; valiant Judge [...] 7.1 [...] 2, 3 [...] Gideon having assembled an Army of thirty two thousand men, to fight against the Midianites, God commanded him, to goe and proclaime in the Eares of the people, saying; whosoe­ever is fear [...]full and affraid, l [...]t him returne and depart earlie from Mount Gilead (where they were assembled:) whereupon there returned of the people twenty two thou­sand, and there remained only ten thousand; more then two parts of three, being pusillanimous Cowards; and therefore altogether unfit for martiall affaires, better dismissed then retained in such a service. Mac. 3.56. The like Proclamation, according to this Law, we finde made by that heroick Generall of the Jewes, Iudas Maccabaeus. Cow­ardly, and timorous persons are Rev. 17.14. c. 21.7, 8. Esay 51.12, 13. Hen. Ranzoui [...] de Bello. l. 1. c. 11, 12. no fit Souldiers to be imployed in any temporall or spirituall Militia; and therfore by Gods own directions are [...]o be cashiered out of both. It is therefore the duty of every person, who takes upon him the profes­sion of a Souldier, but more especially, the Office of a Governour or Comman­der, 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 knowne speech of Chabrias being an experimentall verity, 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 harts with a Lyon for their Leader, is more terrible then an Army of Lyons with an hart for their Commander; the Cowardise of the Generall being o [...]t times the overthrow of the most valorous Army, and the timorousnesse, or covetousnesse of the Governour, the losse of the strongest City or Castle, to the intolerable dammage of those States or Princes who imploy them in such military services.

Hence in all ages, cowardly, mercenary treacherous Souldiers and Governours, who through [...]eare or covetousnesse be [...]ray their trusts, have undergone most ex­emplary censures and punishments of an high strain [...], as well for their [...]illani­mity [Page 2] as treachery, fit to be publickly knowne in these times of War, for the ter­ror of such Delinquents, and better incouragement of all men of Armes, valorously and faithfully to discharge the trusts they have taken upon them; even for feare of legall executions, where the advancement of their own honour and reputation, and publique safety will not engage them faithfully to discharge their duties.

Not to trouble you with any 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. forraine Histories, Lawes or Customes of this nature, I shall present you onely with some few domestick precedents; to which the industrious perusers of our Records and Annalls, may accumulate many more.

By the Lambard: Arch. fol. 135. De Here [...]ochiis. Lawes of King Edward the Confessor, hee who flieth from his Lord or fellow Souldier for feare of War, or death, in the conduct of the Horetock (or Cap­taine) in any expedition by Sea or Land; let him lose all that is his, and his very life, and the Lord may lay hands on the land which he had formerly given to him. And he who shall be slaine in War before his Lord, be it in the Land, or elsewhere, let his reliefes be pardoned, and his heires enjoy his Monie and Land without any diminution, and divide it among themselves.

By the Statutes of 18. H. 6. c. 19.7. H. 7. c. 1.3. H. 8. c. 5.2. E. 6. c. 2.4. & 5. Phil. Mary c. 2.3.5. Eliz. c. 15. It is made no lesse then felonie and death for any Souldiers, to depart from their Captaines, without their license under hand; for which many Souldiers have been condemned & executed, a [...] you may read in Sir Edward Cookes, 6. Rep. f. 27. in the case of Souldiers. And before these Statutes Thomas Earle of Lancaster was Walsingham Hist. p. 89. Holinsh [...]d, Grafton. Stow [...] Speed; Trussel. in 12. R. 2. proclaimed a Traitor by the whole Armie in the .12. Yeare of King Edward the second, for departing in discontent from the Ar [...]ie, at the Siege of Berwick, by meanes whereof it was not taken, and the Siege raised. If then deserter [...] and forsakers onely of their Captaines and Military Service are punishable with death, then much more such Cowards and Fugitives, who Ps. 78.9. like the Children of Ephraim, being armed and carrying bowes, turne their backs and flie in the daie of battell; or refuse to E [...]e. 22.30. stand in the gap, to make up the breach and repulse the Enemie.

For presidents of proceedings and judgements against Cowardly Souldiers, and Governous of Forts, take these ensuing insteed of many. 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 yeere, of King Henrie the second by Robert de Montford his neere kinsman, & vanquished by him in a Duel [...] at Reading, for his Cowardlie aban­doning and throwing down the Standard Royall i [...] Northwales in the Battel against Prince Owen amidst the mountaines, & flying when fiercely assaulted by the Welsh, wher­by the Kings Armie was endangered to be Routed: whereupon though his life was pardon­ed, yet his lands were seised into the Kings hand, and he shor [...]e and shut up a Monke in the Abbie of Reading, where he died:

The Case of Gomeneys and Weston. ‘In the Parliament Rolls of 1. R. 2. Num. 38 [...] 39.40. I finde this notable re­cord, which I shall transcribe at large. Item, whereas it was praied by the Com­m [...]ns, that all those who have rendred or lost Castles or Townes through the verie de­fault of the Captaines, might be put to answer it to thi [...] Parliament, and severely pu­nished according [...]o their desert, by award of the Lords and Barronage, to eschew the evill examples which they have given to other [...], who are Governours of Townes and Castles, it was commaunded to Sir Alexander de Buxhall Constable of the Tower of London, that he should cause to come before the Lords in Par­liament [Page 3] at Westminster on Friday the 27 day of November in the yeere afor [...]said, Sir Iohn de Gomineys, and William de Weston, apprehended and detained in the said Tower by the command of our Lord the King, because they had lost and ren­dered such Castles and Townes to the Enemies of our Lord the King, to answer thereunto upon the Articles which shall be surmised against them for the said cause, on the behalfe of our Lord the King. Upon which day of Friday, the said Iohn and William, being brought by the said Constable before the Lords afore­said in full Parliament, sitting in the white Chamber, they were severally ar­raigned, at the Commandement of the said Lords, by Sir Richard Lescrop Knight, Steward of the house of our Lord the King, in manner as ensueth.’

‘ William de Weston, you tooke upon you from the most puissant Prince, whom God assoyle, Sir Edward late King of England, Grand-father of our Lord the King that now is, safely to keepe to him and his heires, Kings of England, the Castle of Outhrewyck, without surrendering it to any one but to the said Grand-Father or to his said heires, or by command from him or from his said heires; have you William who are a Liege-man of our Lord the King, in times of the same our Lord the King who now is, true heire to the said Grand-Father, delivered and surrendered the same to the Enemies of our Lord the King, without com­mand from him, to the dishonour (or dammage) of him and his Crown and of the Estate of his Realme of England, against your allegiance and undertaking aforesaid? What will you say hereunto?’

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 finall answer in this behalfe, or not? And hereupon the said Wil­liam prayed that this Cedule might be redelivered to him, and that he might put in his finall answer; which Cedule for the cause aforesaid was redelivered to him; and after the said William delivered the said Cedule, with an addition put there­unto, in full Parliament, for his finall answer in this behalfe, the Tenor of which Cedule is such as followeth. To the most sage Councell of our Lord the King, and to the other Lords and Commons of the Parliament, supplicates and sheweth William de Weston, that albeit he be accused of this, that he hath ma­liciously rendered the Castle of Outhrewyk, of which he had the custody by de­livery and assignment of our Lord the King; may it please your sage and just discre­tion to have the said William excused thereof, for these causes ensuing. First of all, may it please you to remember, how that the said William was lately enfor­med by a spie, that a great power of the Enemies would come upon him to besiege the said Castle, with very great and very grieuous Ordnances; whereupon he the said William presently by his Attorney and by his Letters, required of the said councell, that it would please them to re-enforce the said Castle with m [...]re men, for the de­fence and safegard thereof, in regard that the Garrison of the said Castle that then was, were not halfe sufficient in respect of multitude to resist so great a force in so large a place; but in conclusion, for all this, he could not have any succour from the said councell. And so the said William not at all through his default, was left without people sufficient for to keepe and defend the said Castle any long tim [...] [Page 4] which he beseecheth you to take into your just and benigne consideration. Also, please you to know [...] how upon a Munday about one of the Clocke the enemy came to be [...]eg [...] the said Castle, to the [...]umber of about 2600 Men of Armes, and 700 Ar­blasters Genevoyes, and with 5000 of the Commonalty of the Countrey, having nine great Cannons, divers Engines, and one Trebuchet. Morter-piece, beyond all measure, greater then ever they had seene any before in those Marches; and the same houre, presently a great number o [...] the men of Armes and Arblasters aforesaid came before the Gates for to assaile the said Castle, and at this time a Knight of theirs was slain, who was Cosin to the Lord de Clisson as was reported, and many others were likewise then slaine 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 Walles and houses of the Castle battered downe 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 Gods 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 Marshall 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 Fagots, with [...]a­ling-Ladders, Galleries, and all other nec [...]ssaries to be drawn up neere to the very Ditch of the aforesaid Castle; and the next day which was Saturday, they made all things ready plainely for to assault the place. And then first of all they sent an Harold to the said William to know, if the said Castle should be rendred 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 slaine, wounded, and sicke, so as there remained of all the people of the Garrison in health, but onely 38 men to defend the same; hereupon by common assent the said Castl [...], which could be kept no longer, was by [...]orce surrendred, 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 himselfe upon his proofe, according to your discr [...]ete Ordinances. Also it is to be rem [...]mbred, that when the said C [...]stle was thus rendered as aforesaid, certaine 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 paiment 1500 Frankes: of which he paid to his Companions for part of th [...]ir wages, which was behind unto them for one quarter of a Yeare and an halfe 78 Frank [...]s; likewise, after was paid at Caleys for the victuals of the said C [...]stle before that time du [...], 442 Frankes; Also for the pas­sages of the said William and of his companions unto England, and lik [...]wise [Page 5] for the expences of the said William being at Calleys 135. frankes. And therefore the said William prayeth, in this regard, your justice and benignity, seeing by envious suggesti­on he hath against all reason beene 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 beene at before this time for to victuall the said Castle, (for which he hath given his obligations in divers places, and oweth great summes, by reason whereof he is on all sides undone [...] if your just benignity doe not succour him;) that you would be pleased for Gods sake, and for pity, to ordaine like­wise for him, that he may by your discreet noblenesse recover his estate and goods. Also the said William Weston sheweth, How the first day when the enemies came before Arde, that he went in haste to Caleys unto the Captaine, 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 Captaine 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 Towne 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.

‘ Iohn Lord of Gomineys, you tooke upon you to the most puissant Prince, whom God assoile, Sir Edward late King of England [...] Grandfather to our Lord the King that now is, safely to keepe to him and his heirs, Kings of England, the Towne and Castle of Arde, without surrendring 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 Heire to the said Grandfather, delivered and surrendred to the enemies of our Lord the King without commandment from him, to the dishonour of him and of his Crowne, and of the estate of the Realme of England, against your un­dertaking aforesaid: What will you say thereunto? Whereupon the said Iohn answered, That the said Towne and Castle of Arde were so weake, that he could not well keepe them against so great a power of the enemies, which was then ready to affaile the same Towne and Castle; and therefore he caused to assemble all the Knights, Esquires, and others being in the said Towne, and informed them of the perils of the said Towne, and force of the said enemies, and by common counsell 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 Towne and Castle of Arde; without that, that he ever took any thing for to surrender the said Towne and Castle of Arde. Upon which one Geoffry of Argenton Knight, said in full Parliament to the said Iohn, That he the said Geoffry was at that time in the said Towne in company of the said Iohn, and that the Towne and Castle of Arde were never delivered nor surrendred by his counsell nor assent, but that he was alwayes 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 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 [Page 6] 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 [Page 7] 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 [...]he 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 th [...] 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 as aforesaid; and now you John without duresse or default of Victuals or Artillery, or of ether things necessary for the defence of the said Towne and Castle of Arde, without command of our Lord the King, have evilly delivered and surrendered th [...] same to the enemies of our Lord the King, by your owne 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 warres, 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, untill our Lord the King be informed thereof. Whereupon the foresaid Constable was commanded safely to keepe th [...] said Iohn, untill he had other command from our Lord the King.’

‘And it is to be remembred; that Geoffrey Martyn Clerke of the Crowne made this very Record, and delivered it thus written in this present roll, with his owne [...].’

[Page 8]From this memorable Record, I shall onely observe these few particulars.

• First, that the surrender of Townes or Castles to the enemy, through cowardi [...]e or treachery, is properly examinable, and tryable onely in Parliament, it being a detriment to the whole Kingdome, and so sit to be determined by the represe [...]tative body of the Kingdome.
• Secondly, That the cowardly delivering up of any Towne or Castle by the Go­vernour thereof to the enemy, is a capitall offence, deserving death; and likewise the losse of it through his neglig [...]nce or default.
• Thirdly, That every Governour who takes upon him the custody of any Fort o [...] Towne, is obliged in point of trust and duty, under paine of death, to defend it to the utmost extremity.
• Fourthly, That the concurrent a [...]s [...]nt of a Councell of Warre or souldiers, to ren­der up a Towne to the enemy before utmost extremity, for the saving of the house [...], lives, and goods of the souldiers or inhabitant [...], is no excuse at all to justifie or ex­tenuate such a Governours 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 goe at large.
• Si [...]tly, That a Governours giving timely notice of the enemies approach, of the weakenesse of the Garrison, his suing for timely ayd, and repulsing of the enemy for a season, will no waies excuse his surr [...]nder of a Towne or Castle, unlesse he hold it out to the uttermost extremity, or surr [...]nder it by the consent of those who intrusted 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 powerfull) are no sufficient ca [...]ses or excuses for any Governour 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 Governour, till the greatest part of the Souldiers be sl [...]ine, the Victuals or Ammunition quite spent, and all hopes of reliefe dispai­red of utterly, upon good grounds, Which is cleare by the case of Weston, who made a better defence of the Castle of Outhr [...]wicke with 38 men onely, against more th [...] 800 [...] enemies (who bes [...]ged, ass [...]ulted, battered it for six daies together, with nine great Cannons, and other Engynes) and pleaded farre more in the d [...]fence of his surrender of it, then many now can doe for surrendering of Townes and Castles of farre greater importance then this Castle was, in a shorter time then he did; when furnished with [...]arisons of many h [...]ndr [...]ds, and sufficient Victuals and Amu­nition, 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 payd his souldiers wages, and other debts of the Castle with the money. When some of late have surrendered Victuals, Armes, Colours, Cannons, Prisoners, and all Magezines whatsoever to the enemy before they were nece [...]tated or enforced to it, to the Kingdome [...] unspeakeable losse prejudice, and th [...] enemies infinite advantage.

[...]re [...]ngham & [...]pil [...]sworth.In the Parliament Rol [...] of 7 R. 2. Num. 17. I finde this case in Parliament in these terme. ‘Item, upon the compla [...]nt which hath been made to the King, of [Page 9] Pierce de Cre [...]ingham and Iohn 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) Captaines 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 Kings enemies, without the will and command of our Lord the King himselfe 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 Iohn Spikesworth excused himselfe before the King in Parliament, in this manner, That he had never the custody of the said Castle, nor any thing to doe therewith, [...]ve onely that as [...]e was riding into the Countrey somewhat neere 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 soone after he saith, That upon an assault made to the bar­bican there, by the enemies, he wa [...] unhappily routed, and one of his varlets slaine in th [...] Garrison very neere him, where he remained continually untill the said Pierce rendered the same, and otherwise he had never any thing there to doe, neither as a souldier 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 behalfe of the King, that if any man knoweth not to say more against the said Iohn, contrary to his said answer now made, that the King will hold him well excused, and wills tha [...] he shall be disarrested, and suffered to goe at large. And the said Piers of Cressing­ham well knowing that he had the guard of the said Castle, said, That as soone 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 Towne and Castle of Burburgh being rendred to the enemy, of all the souldiers which he had with him at Drinkham, none would there continu [...] with him upon the safe guard of the said Castle but onely 5 persons in all; by rea­son of which great necessity he was forced, in safeguard of his owne 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 one­ly 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 himselfe most humbly into the grace of his Liege­lord. And because that this excuse seemed not at all to be sufficient [...] ( though a bet­ter then many now can make for themselves) he was committed to prison, there to re­maine untill the King our Lord had otherwise declared his pleasure concerning him.’

In the same Parliament of 7 R. [...]. Num. 22. The Bishop of Norwich generall 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 Graveling to the enemy; to which he had given some former answer, (see Num. 15.17, 20, 21.) upon his se­cond [Page 10] 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 himselfe, gave the [...]e his answers, such almost as before, concerning all the things aforesaid; adjoyning thereunto, that the time when he heard the newes that the vantguard of the host of France was entered the County of Flaunders and that thereupon the said siege of Ipre was thereby removed, he tooke a resolution to have encountered the vantguard for to have fought with them, which purpose of his he could not performe by reason that the Captaines of his Host would not a [...]sent thereunto, but those Captaines 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 Graveling, & the same would he have held out well enough against all men, and did hold out untill the other Captaines had rendered their Forts to the French; and after that, untill that s [...]me English might com [...] unto him incontinently, al­though there were well-nigh about 6 or 7 thousand English lying upon the sands neere Calyce, who were made to come out of the said Forts rendered, to their great mischiefe and prejudice, because they had not wherewith to live, neither could they have entrance into the Towne of Galeys; And for as much as the Truce made be­fore that time ought to cease within two or three daies then next ensuing, the French had a purpose to run upon them and slay them all, as soon as [...]he said truce was ended, which slaughter if it had beene made, would principally have turned, upon the said Bishop, and after on the other Captaines, to farre greater villany and mischiefe then any other thing could bring; the Bishop was thereupon required and charged on the behalfe of the King himselfe, that he should render the Towne to the enemies, or else demolish it and goe his way to succour the said people, and after that towards England in salvation of himselfe and others of his host, for they said, that if any thing else but good had hapned to the said people, lying on the sands, they would have truely called the said Bishop to an account before the King himselfe: Whereupon it See the Hi­storie of this Treaty and a­ba [...]ement of the Towne in Walsingham. Hist. Angl. p. 327, to 330. and in Holinshed, Speed, Graf [...]on, in 6 R. 2. behoved him the said Bishop to abate and voyd the said Towne of Gravelynge, as it was lawfull for him to doe at his pleasure, being gained by his proper conqu [...]st from the enemy. And for this, and for the other reasons formerly alleaged 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 Towne, as in verity there was, that then in salvation of himselfe, and of the said people, he should voyd the Towne and succour the said people, and after returne into England; it seemes to him, that he ought to be well ex [...]used of what ever is surmised against him. Num. 27. To which the said Chancellour replyed and said: Master Bishop, as to this your last reason, it is true that you had sufficient victuall 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 unkle of Spaine to come speedily to you for your ayd and succour; and all this notwithstanding you departed thence, leaving the said Towne to the enemies against the forme 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 possesse. And also to that which you have said in your f [...]st answer, that by your said voyage Truce [...] had been agreed between [Page 11] the Realmes, and happy offers of peace made by the adversaries of France, which you say shall be an introduction to a good and finall peace, which God grant, it containes no truth at all; For true it is, that the newes spread in the Army of France of the comming of our Lord the King, and of Mounsieur of Lancaster, who was at the Sea side ready to passe for your succour, was the principall cause of the Truce and profers 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 alleaged, nor for the rebellion of your Captaines 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 Councell,) you neither can nor ought to be at all excused of the dammages, deceits, villanies, contempts, and the other losses and misprisions sur­mised to you, nor in especiall of the Treaty made with the enemies upon the deli­verance of the said Fortresses, of which there are certaine Indentures made and drawne betweene you and your Captaines on the one part, and the enemies of the King on the other part, sealed with their seales, and the seales of the other Captains, without the authority or consent of the sayd our Lord 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 [...] [Page 12] 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.’

See Walsing. Hist. Ang. p. 3 [...]7 to 330. Holins. Grafton, Fabian, Stow, Speed, Martyn, Trussel, in 6 Rich. 2.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 Hist. Ang. p. 337. 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 Speeds His [...]. p. 1050. 1156. Grafton, Ho­li [...]shed, How, Cambden. 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 [Page 13] 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, Grafton p. 644, 645. Fabian, Holin­shed, Speed, Stow, Martin, Hall, 27 Hen. 6. 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.

Walsing. Hist. Ang. p. 88. Hect. Boetius lib. 14. Polyd. Vir. l. 18. Hard. c. 172. Sp [...]ed p. 674. Holinsh. Stow, Gra [...]ton, Da­niel, Martyn, in 12 Edw. 2. Cambd [...] Brit. p. 1817. 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 done, had the reward of a Traitor; Robert King of Scots, to whom he sold and betrayed the Towne, putting him to death, to save the King o [...] England the labour of hang­ing him for this Treason.

Sir Walsing. Hist. Ang. p. 245. to 248 [...] Fabian, Holinshed, Pol. Virg. Grafton, Stow, Speed, Martyn, Trussel [...] in 3 Rich. 2. Iohn Annesley Knight, in the Parliament of 50 E. 3. (commonly stiled, The good Parliament) had accused Thomas Katrington Esquire of Treason, for selling and deli­vering up the Castle of S. Saviour (built by the Lord Iohn Chaundos within the Isle of Constantine) to the French, for an instimable summe of money, when as he wanted neither meanes of defence, nor victuals: which Castle, had it not beene thus traite­rously alienated, had descended to the said Sir Iohn in right of his wife, being next heire to the Lord Chaundos, offering to make good this accusation, and trie it out by Duell; whereupon the said Thomas Katrington was then apprehended and im­prisoned, but soone after by meanes of the Duke of Lancast [...]r and the Lord La­tymer, (who then did what they pleased) released, being formerly their instru­ment and creature in peace and warre, in all just and unjust, in true and false things; neither could the said Sir Iohn obtaine the effect of his suit till the Parliament of 3. Rich. 2. Anno 1380. some men affi [...]ming, That it was against the Lawes of the Realme for any man of the Realme to fight such a duell for such a cause; Many who Note. feared the like tax and [...]ccusation, did most of all hinder this triall: but at last, in this Parliament, the ancientest and truth-speaking Knights of the Realme being assembled, it was resolved, that for a forraigne cause, such as the present was, which arose not with­in the limits of the Kingdome, and for the possession of transmarine things, it was law­full for any man to fight a duell, if the cause were before certified to the Constable and Marshall of the Realme, and the duell accepted by the parties in their presence. Where­ [...]pon a day of battell, and Lists were appointed them in the Court at Westminster, where this duell being solemnly fought on the seventh of Iune between these two Champions, in the presence of the King, Nobles, and an infinite multitude of people; the traiterous Esquire wa [...] vanquished by the Knight, to the joy the of com­mon people, and to the griefe of Traitors: the Esquire, who fainted in the place, died the next morning, to save the hangman a labour, else he should have beene ex­ [...]cuted, as the 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 Duell before [Page 14] the King and Lords in Parliament, by Iohn Walsh Esquire, (whom he falsely accused of Treason, done beyond the Seas, against the King and Kingdome, upon the like occasion) though the Queen and many others interceded to save his life.

7. Rich. 2. The case of Sir William de Elmham and others.In the Parliament Rolls of 7. Rich. 2. num. 24. I finde this Record. Item, Sir William de Elmham, Sir Thomas Tryvet, Sir Henry de Ferriers, and Sir William d [...] Farndon, Knights, and Robert Fitz-Ralph Esquire, who by the said charge for­merly given in Parliament, had beene with the Chancellour, and acknowledged and confessed to him, How that they had received certaine summes of Frankes of gold of the French, in lawfull and due manner, and not otherwise. To which they said, ‘First of all, that is to say, the said Sir William of Elmham, Thomas Tryvet, William Farndon, in one parcell three thousand Frankes of gold. Item, in another parcell, &c. Item, the said Sir William Elmham received another parcell of the French for the Castle o [...] Burburgh, whereof Master William de H [...]o was then Captaine, and for the victuals of the said Master William de Hoo, being in the said Castle of Burburgh two thousand Frankes, whereof the said William de Elmham presently paid, as hee said, one thousand Frankes to the said Master William de Hoo, and the other thousand Frankes he promised to pay at a certaine terme to the same Master VVilliam de Hoo, &c. Item, there is another great misprision that some Lieges of the King rendered and delivered to the said enemies of the King, Castles, Fortres [...]es, Victuall, Armour, and other refreshment, without spe­ciall comm [...]nd and authority of the King, or of his Lieutenant; but yet it is far worse to sell or alien to the said enemies any Fort; Victuals, Armour, or other re­freshment, by receiving money or other goods of the said enemies, without au­thority of the King, or of the same his Lieutenant. And Sirs you know well and cannot deny, That by certaine Covenants made betweene the said French ene­mies, and you the said Sir VVilliam de Elmham, Thomas Tryvet, Henry de Fertiers, a [...]d VVilliam de Farndon, and others, of which there are certaine Indentures made and sealed with your Seales; you lately made a Treaty with the said Enemies, without the will or authority of the King or of his Lieutenant, and by this Treaty, and your sale of the said Forts, Victuals, and Armes, you received the said summes of gold; and by this, and by other your affaires, and rebellions made to your Generall, the said host was spoiled and destroyed, to the grievous dammage, villany, and contempt of the King our Lord, and very great profit and comfort of the said enemies, for which you are worthy to undergoe reproach and grie­vous punishment. For you Sir VVilliam de Elmham, received of the said enemies the said two thousand Frankes, for the sale and surrender of the said Castle of Burburgh, and of the Victuals, Armes, and other goods therein, then being to a great number and value, without the leave and authority of the King our Lord and the consent of the said Master VVilliam de Hoo Captaine of the same, although that the said Castle was well able to have held out for a long time against all men. And also you the said VVilliam de Elmham, Thomas Tryvet, and VVilliam de Farndon, received to your proper use in common the said three thousand Frankes of the gi [...]t of the said enemies, for your consent and aid to the said Treaty made upon the voydance of the English out of that Countrey, and the deliverance of the Town, of Graveling, and of the other Fortresses then occupied in those parts, &c. And you the said Sir VVilliam Farndon are in another very great default, because yo [...] [Page 15] would not carry backe to the said Enemies the five thousand Frankes by you left at Graveling, against the will and command of the said Bishop your Chieftaine, &c. And the said Sir William de Elmham saith, That although he hath so recived the summes a [...]oresaid, yet it was done for Victuals, Prisoners, and other goods which he had within the Fortresse of Burburgh, and elsewhere in those parts, and which with the same Fortresse hee rendred by the said Treaty, as of fine force he ought to doe for the salvation of himselfe and his people: for otherwise the Towne of Burburgh, where the Lord Beaumount, Sir Thomas Tryvet, Sir Wil­liam de Elmham, and a great number of the people of their Army were besieged, and assaulted by the enemies in very great number, and the Towne within set on fire, had beene taken by them by force, and all those within it take [...] or slaine: and therefore he conceiveth, that in doing this, hee hath done nothing amisse. But notwithstanding, if it appears to the King our Lord that he hath done any thing amisse, he puts himselfe upon his noble grace, &c. And the said Chancel­lour in replying to the said Sir William de Farndon, Henry, and Robert, saith, &c. And certainly as to this which you Sir William de Farndon say, That it had been bet­ter to cast the said gold into the Sea then to have sent it backe to the said enemies; This is not true, for it had beene better that the enemies had recived their owne gold, then any Traitor of the King our Lord, and he who shall hereafter sell the Fortresses of the King to the enemies, for gold or other their goods, may excuse himselfe in such manner as you would now excuse your selfe. And after these mat­ters thus by the same persons alleadged for their excuse, being considered, and held and adjudged insufficient for their excuse in this behalfe, The said Chancellour in be­halfe of the King, spake thus, It is accorded in Parliament, that you Sir William de Elmham, Thomas Tryvet, Henry Ferriers, William de Farndon, and Robert Fitz Rauf, shall make agreement and full paiment to our Lord the King of whatsoever you or any of you have so received and taken of the enemies aforesaid; and further, that all you the said Sir William de Elmham, Thomas, Henry, and Robert, be com­mitted to prison, and there ransomed at the will of the King, for your misdeeds aforesaid, having due consideration of the quality and quantity of that deed which every one of you hath don [...]. And that you Sir William de Farndon, because that you have re­ceived of the said enemies divers summes of gold, and have given them horses to their great refreshmen [...], for which you had no license of the King nor of his Lieutenant, shall be in the mercy of the King, body and goods, to doe with them what he pleaseth.’

In the Parliament of 28 Henry 6. Rot. 50, 51, 52. the Commons preferred di­vers Articles of high Treason to the King and Lords against the See Holins [...] Grafto [...], Speed, Hall, Martyn, An. 28 H. 6. Duke of Suffolke, a [...]ong others these ensuing; That he being Ambassadour for the King of England to Charles, Art. 4 [...] calling himselfe, French King, promised to Reynor King of Sicile, and to Charles Dangers his brother, enemies to the King, the release of Angeou, with the deliverance of the County of Maine, and the City of Mault or Mauns; which promise after his returne he caused to bee performed, to the Kings disinheritance and losse irrecoverable, and to the strengthning of his enemies, and feeblishment of the Dutchy of Normandy. To the which Article hee answered, That his Commission was, to conclude and doe all things according to his discretion for the obtaining of a Peace, and because without de­livery of those Countries, he perceived the Truce could not be obtained, he agreed to the release and deliverance of them.

[Page 16]Item, the said Duke within this your Realme, hath untruly counselled you to grant fro you without due consideration the Castle of Mawlyon de Sooll, Artic [...] 32. and full many divers other great Lordships, Seigh [...]uries, Places, Offices, Profits, Revenues, Casualties, and Commodities within your said Dutchy of Guyan, whereby your power there to support your Warres and Armes, and to pay the wages of your great Councellors, Captains, and Souldiers hath beene so enfeebled, that your people of the same Dutchy, neither your land there, might in no wise be defended.

Artic. 34.Item, the said Duke of Suffolke without deliberation and advise of Your Counsell, hath caused Your Highnesse to grant to divers persons, many Captaines Of­fices, Townes, Lordships, Places, Interesses, Profits and Revenues within Your Realme of France and Duchie of Normandy, to such persons as were not to You profitable, nor able, nor convenient to have or Governe any of the premises, nor ever had deserved to obtaine of Your Grace any such grant; which hath been done by him for his great availe and lucre, and hath been one of the greatest meanes of the losse of the said Realm of France, and Dutchey of Normandy.

See Halls Chronicle 28. H 8. Gra [...]ton. p. 607. to 613. Fa­bian, Caxton, Holinshead, Speed, Stow. Polidor Virgill Martin. An. 28. Hen. 6. & 28. H. 6. in the Parliament Rols. num. 50.51.52. The Duke upon these Articles was committed to the Tower for one moneths space, to pacify the people, and then released by the Queenes meanes, who intirely loved him: whereupon the Commons were so far from being pacified, that they were more enraged; openly denouncing, that it was a shame to all the whole Realme to see such a person, guilty of so many misdeeds, either to rule about a Prince, or to be had in honour, or suffered to goe unpunished; Vpon this the Commons rising up in divers places of the Realme in Companies under Captaine Blew­beard, the Commons in Parliament earnestly beseeched the King, that such a person as assented to the release of Angeou, and deliverance of France, &c. might be extreamely punished and tormented; and to be privie to this Fact, they ac­cused as principall the said Duke of Suffolk, with John Bishop of Sal [...]bury, Sir James Fines, Lord Say, and others. Whereupon, the King plainly seeing, that neither glo [...]ing would save, nor dissimulation appease the continuall clam [...]r of the importunate Commons against the Queenes Darling and his complices; to begin a shore pacification of so long a broile, first, he sequestred the Lord Say, being Treasurer of England, from his Office, (who for the same offence was after committed to the Tower, and after that beheaded by Jack Cade, and the kentish mutineers at the standard in Cheape-side, who carried his Head about the streetes of London fixed on a p [...]le, &c.) And then by his owne authority, assembling all his Lords Spirituall and Tem­porall together, on the 17 day of March, in a Chamber over the cloysters at Westminster, hee arraigned and banished the said Duke for five yeeres, against the Lords and Commons consent, who would have capitally proceeded against him; meaning by this exile, to appease the present furious rage of the people, and that pacified, to recall him to his old estate, as the Queenes chiefe friend and counsellour. But fortune would not that hee should so escape; for when he was shipped in Suffolk, intending to be transported into France, he was encoun­tred by a Sip of VVar, appertaining to the Duke of Exceter, of which the Constable of the Tower of London was Captaine, who entring the D [...]kes Ship with small [...]ight, brought him to Dover rode, and there on the side of a Cock-boate cut off his head, as a Traytor, and there left his body and head upon the Sands. S [...]h was the end of these two ill Councellors, onely for advising this [Page 17] weake King himselfe thus dishonorably and Cowardly to surrender up these Townes, Forts, and Territories in France, to his Enemies, to purchase an unhappy peace, to the Kings and Kindomes i [...]reparable great dammage, dishonor, weakning, and the Enemies extraordinary advantage, strengthning and encouragement.

To these I shall subjoyne one 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.

Walsingham [...] Fabian, Hole [...] ­shed, Grafton Stow. Speed. Daniel. Martin [...] In 5 [...]. E. [...]. 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; The Act fo [...] Souldiers. 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.
• [Page 18]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, See M [...]ster Iohn Vicars, his God in the mount. pag. 353. [...] 363. 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, See the exa­minations ta­ken, and let­ters written by Colonell Fiennes touch­ing this parti­cular, [...]ublished in print. 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, Roger de Ho­veden. Annal. pars. prior p. 461, Castrum Fortissimum, A MOST STRONG CASTLE) the Metropolis, Magazine, chiefe Mart and Bulwark [...] of the Wester [...] parts, of infinite importance to [...]he Parliament and kingdome, (as this [Page 19] Colonell himselfe attesteth in his printed Pag. 3.13.14 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 How soone had the whole Kingdom been conquered had all other Cities and Forts, of lesse impor­tance, beene yeelded up in so short a space, though worse provided, lesse defensibl [...]? [...]oure daies siege, and the losse only of seven or eight Garrison souldiers, with the death wel-nigh of one thousand of th [...] enemies, before any out Forts were taken, or the Towne or Castle-walls battered or assaulted; (upon a breach made only in the Line of Communication, and the entery of a small party of the enemies, not 200, (which might at first have beene all easily cut off, into the out-skirts of one corner of the City,) were most unexpectedly surrendered up to the enemy by the said Governour, with all the Cannon, Armes, Ammunition, Victuals, Magazines, Colours, and Prisoners therein, (without the privity or consent of the Parliament or his Excellency) to the great astonishment and discouragement of the Parlia­ments party, the inestimable detriment, i [...]reparable losse of the whole Kingdome; the extraordinary strengthning, enriching, advantage of the enemies, and of the Irish and Welsh Rebels both by Land and Sea: The Narration and Articles of which surrender, which I need not particularly relate, with the consequences thereof, I shall here forbeare to mention, since already published in print by Colonell Fiennes himselfe, in his Relation to the House of Commons, and L [...]tter to his Excellency: In Master Clement Walker his Answer to that Relation, The Tragedy of the Kings Armies fidelity since their entering into Bristol. The Relation of the siege of Gloucester, and other printed Mercuries; the rather, because the more full examination of that unhappy action is referred by the Commons, upon the said Colonels motion, to a publique triall before a generall Councell of warre, in such a pub­lique convenient place, (in London or Westminster, as is conceived, where the Com­mons may be present) as his Excellency shall thinke fittest, for such a generall cause of importance, to the whole Kingdome.

For other particulars formerly touched, his Excellency hath published these en­suing Lawes.

• NO man shall abandon his Colours, or flie away in any Battaile, upon paine of death.
• If a Pike-man throw away his Pike, or a Musketeer his Musket, or Bandalier, he or they shall be punished with death.
• Whosoever in skirmish shall fling away his Powder out of his Bandaliers, that he may the sooner come off, shall be put to death.
• A Regiment or Company of Horse or Foot, that chargeth the enemy, and retreats be­fore they come to hand-strokes, shall answer it before a Councell of Warre; and if the fault be found in the Officers, they shall be banished the Campe: if in the Souldiers, then every tenth man shall be punished at discr [...]tion, and the rest serve for Pioners and Sca­vengers, till a worthy exploit take off that blot.
• [Page 20] No Captaine of a Troope shall present at the Master any but reall Troopers, such as are bound by their pay to follow the Troope upon paine of cashiering without mercy. And if any Victualler, Feebooter, Enterloper or Souldier whatsoever, of any other Troope or Company shall present himselfe or his Horse in the Muster, to misleade the Muster-ma­ster, and to betray the service, the same shall be punished with death,
• No Muster-master shall wittingly let any passe in the muster, but such as are really of the Troope or Company presented, upon paine of death, &c.
• Any Officers that shall presume to defraud the Souldiers of their pay, or any part of it, shall be cashiered.

These few Presidents seriously considered, and Military Lawes duely executed, will be a ready way to make our Captaines and Souldiers couragious, our Officers incorrupt, our Governours trusty, our Townes and Forts secure against our enemies fiercest assaults, and finest underhand devices. I read in Historiarum, [...]8. p. 390, 391. Henry Huntingdon, that all the Souldiers of Prince Robert, upon the magnanimous Oration of the Consul of Chester, holding up their hands, with a terrible shout abjured flight, and setting presently on the enemy, routed them utterly, and tooke King Stephen prisoner. I hope these Pages may produce the like effect, and worke this generous resolution in all our Commanders, Governours, Souldiers; Hîc igitur vel vincendum, vel occumbendum, spes fugae nulla. I shall close all with the speech of this Consull. Necesse est ut ad probitatem confugiat, cui non potest esse aliud diffugium.