state with force and by what other meanes wee can Most iust cause therefore had the Romanes to make warres vpon the Gaules vpon Annibal vpon the Daues and other barbarous nations that came to take away their country from them like cause had the Greeks to withstand the Persians other barbarous people that by armes would haue conquered them and depriued them of their country and liberty the same cause did the ancient Britons defend against the Romanes Saxons Danes and Normans though not with like successe And seeing of late time the Spaniard came vpon our coast with fire and sword menacing the English nation with all the calamities that follow such inuasions I thinke no man will deny but we haue iust cause to put on armes in defence of our countrey religion liues liberties and lawes in this case not onely our cause is iust but the warre is of necessity to be vndertaken which greatly helpeth the iustice of our cause for as the captaine of b Iustum bellum quibus necessarium pia arma quibus nulla nisi in armis relinquitur salus Liu. 9. Samnites said in like case that warre is iust whereto we are inforced and with good consâ—â—nce may we take armes when there is no safety for vs but in armes It is likewise lawfull to represse pirats and publique robbers by force of armes if they will not yeeld themselues to be tried by order of common iustice They are enemies of peace ciuil gouernment and by the lawes defyed and proclaimed as publike enemies of states their bodies may be taken and their goodes spoiled as in warres with other nations The warres made by the Romanes against Spartacus who assembling a mutinous route of rebelles and hindred al trade was iust and necessary in this c ff de iust iure L. fureÌ„ ad L. Corn. de sicar L. itaque case because such do rise and assaile vs vpon a sodaine the law of nature giueth warrant of defence without publike commandement or commission neither is it onely lawful to cleare the sea of pyrates but also honorable d Thucid. Minos made his name famous for that he cleared the sea of pyrats and opened the way for marchants which fact also procured great commendation to Pompey the Great Moreouer if our country be wasted and spoiled and our goods taken away by forreiners it is lawful by force and armes to seeke for restitution if otherwise it cannot be obtained Tully a Quod rebus repetitis geritur offic 1. accompteth that warre iust that is made after demand of things wrongfully taken vniustly deteined these quarrels often fal out betwixt borderers the b Romulus Albanis bellum in tulit quod eorum dictator nollet res raptas reddete Dion Hal. lib. antiq 3. Romans for this cause made diuers roades vpon the Sabins Volscians Albans and others their neighbors Tullus Hostilius had no other causes of his warres against the same people This hath bene the beginning of many contentions betwixt vs and the Scots of the warres betwixt the c Liu. 1. Romans and Sabins there was no other cause but the spoile of the Roman marchants among other causes of the third warres of the d Flor. Epir. Romanes against the Carthaginians the taking of certaine shippes and spoiling of certaine Marchants is alledged as principall The Switzers beganne their braules with the Duke of e Phil. Commin Burgundy for a loade of skinnes taken away by the Countie of Romont likewise it is where at a sodaine roade our goodes are spoyled or driuen away and deteined from vs. for which cause the Romanes warred vpon the f TarquinieÌ„sibus rebus nequicquaÌ„ repetitis quod agrum Rom. populati essent bellum indictum Liu. 7. Hetruscians diuers of their neighbors Iust cause therefore haue wee also in this respect to make warres vpon the Spaniard that without destance of warre stayed our shippes and our marchants and spoiled their goodes were not mens minds â—â—oled and almost frozen with feare and age these iniuries would inflame them howsoeuer it is men ought not to stay vntill the flames of our country enflame them In this case those that first offend do giue iust cause of warres not those that seeke restitution by armes as is euident g Liu. 1. by the example of the Romanes and Albans where the first iniury being offered by the Albans made inst the cause of the Romanes Yet if things taken away be offered againe and satisfaction be promised to bee made for wrongs done it is not iustice nor reason further to prosecute the quarrel begunne it seemeth not reason saieth h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid 1. Archidamus to prosecute him by force that submitteth himselfe to order of lawe and commonly those that refuse reason when it is offered come afterward to wish they had taken it when they can not haue it The French disdaining and scorning the great offers made by the blacke Prince were shamefully by him ouerthrowne at the fielde of Poytiers The i Non suae redditae res non alienae accumulatae satis erant Liu. 9. Romanes refusing the satisfaction made by the Samnites receiued a notable disgrace being by composition disarmed to saue their liues at the streites of Caudium and Philip of Commines conceiueth that Charles duke of Burgundy prospered neuer the better for that he refused the humble submission and satisfaction of the Switzers desiring peace at his hands The iniurie that is done to the subiects redoundeth to the Prince and reproches and contumelies done to ambassadours and messengers returne vpon those that send them both these things minister lawfull cause for Princes states to take armes in hand The Romanes with sharpe wars prosecuted a Appian Alexandr Mithridates for that by one generall proclamation he had caused diuers of their people to be massacred in Asia the same cause armed them against the Latines and Volscians The Volscians againe inuaded the Romans for that reprochfully their people were commaunded out of the Citie at the time of their b Liui. 3. publike games The Heduans rebelled against Caesar vpon c Caes bel Gal. 7. conceit of some wrong offred to their people in the campe of the Romanes And among al causes of warres betwixt Princes this is commonly inserted for one that either their subiects are slaine or wronged as appeareth both in the beginnings of the Romane warres against the kings of Macedonia and also against the people of Carthage and the same was the common pretense of the d Froissart French to inuade vs when we held Gascoigne Guienne and Normandy Yet more neere doth it touch a Prince when his ambassadours are violated forasmuch as that iniurie is thought to be offered to his owne person Therefore did Dauid warre vpon the children of Ammon for the villeny they offered his ambassadors The shamefull reproche which the Corinthians offered the Romane ambassadours was the cause of
the warre betwixt the Romanes and them and of the sacke of Corinth Friderick Barbarosse for a scorne offered him by them of Milan besieged and tooke their Citie the first quarrell betweene the e Liu. Romanes and Veians grewe vpon a proud answere which the Veian Senate made And deare it cost the Rhodians that taking part with Perseus they abused the Romanes in their insolent termes The slaughter of the Romane ambassadours was the first cause that moued them to warre vpon Gentius-king of Illyrium and aggrauated the wrath of the Romanes against the Veians and caused Caesar to sacke diuers cities of the f Bel. Gal. 6. Armoricans The rebellion of subiects against their lawfull Princes is also a sufficient cause to arme the prince against them he carieth not the sword for other purpose but to represse the wicked and rebellious king Dauid prosecuted not onely the rebell Ziba but also his owne sonne Absaloâ— that rose against him the Romanes suppressed the seditious Gracchi Saturninus and Catiline and iust cause had our Princes to subdue by armes the seditious route that vnder the leading of Iacke Cade Iacke Strawe Kette and other rebels rose against their liege and soueraigne Princes for although rebels and pyrats and robbers are not accompted among the number of lawfull enemies which the Romans called hostes legitimos nor did enioy the a ff De captiu L. hostes right nor were to be vsed as enemies in lawfull warres yet is the force vsed against them most lawfull Moreouer it is a lawfull and iust cause for a prince or nation to arme their people in defence of their associates or such as flie vnto them for succour being vniustly oppressed Deliuer those sayth the wise man that are drawne to death those that are wronged sayth b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist rhet ad Alexandr Aristotle not onely may but ought for their honors sake to arme in defence of themselues their allyes and friends and to helpe their associates being oppressed Cicero in his bookes de rep alloweth those warres to be lawfull that are made aut pro fide aut pro salute that is eyther for our owne defence or for defence of our friendes whome wee are bound by promise to helpe and as well doeth he c Offic. 1. charge them with iniustice that repell not iniurie when they are able as those that doe wrong themselues And if we giue credit to Saint d Fortitudo quae per bella tuetur à Barbaris patriam vel defendit infirmos vel à latronibus socios plena iustitia est Ambros de offic Ambrose valiant men that defend their countrey from barbarous people and protect the weake and shielde their associates from such as would spoyle them doe the office of true iustice for defence of their e Populus Rom. sociis defendendis terrarum omnium potitus est Cic. de rep 3. confederates the Romanes receiued this reward that they became the lordes of the world the Romanes had no other cause to enterprise the warre against the f Visum est Campanos deditos noÌ„ prodi Liu. 7. Samnites but for the defence of the Campanians which were vniustly vexed had yeelded themselues into their protection The first Carthaginian warres had no other originall but for the defence of the Mamertines for the same cause likewise did they send defiance to Philip g Romani infensi Philippo ob infidam erga socios pacem Liu. 31. ob iniurias arma illata sociis populi Rom. belluÌ„ indictum Liu. 31. king of Macedonia for that he vexed and iniuried their confederates in Greece Iosua protected the Gibeonites requiring his ayde from the conspiracie of the kings of the Cananites the forsaking of our associates friends h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid. 1. Sthenelaidas the Spartian calleth treason and disuadeth the Spartans from committing any such offence the Romanes were a Saguntinos crules us quam Poenus hostis prodidit vos soci prodidistis L. 1.25 accused of treason for that they abandoned their confederates the Saguntines being besieged by Annibal for which fault they endured the penance of sixteene yeeres warres in Italy neither was any thing more infamous in Charles of Burgundy his actions then his colde defence of his associat the duke of Britaine Philip of Commines accuseth Lewes the 11. for abandoning his confederats of Liege Caesar b Verebarut Caesar ne Gallâ—â—ota deliceret h Gergouia capta nullum in annor praesidâ—m elleâ— Caes 7. bel Gal. least all his associates in France should forsake him was driuen with great hazard to succour his friends besieged in Gergouia the duke of Normandy yonger brother to Lewes the 11. ouerthrewe his owne estate departing from the association of Charles duke of Burgundy wherefore we haue not onely iust cause to warrant our proceedings against the Spaniard in defence of our confederates of France and the lowe Countries but also necessarie reasons to moue vs to prosecute matters more forcibly vnlesse we meane to engage our honour and neglect our owne estate what wisdome or honour it was to refuse them that yeelded themselues before the surrender of Antwerpe vnto the duke of Parma I report me to those that know those mysteries sure nowe that we haue begunne to assist them of Holland and Zeland it is neither honour nor safetie so to mince at the matter or to go backe whatsoeuer we call our doings it wil be as the king of Spaine will take it if euer be haue power to be iudge the onely meanes to marre and crosse his sentence is with great forces to withstand so mightie a Prince and not longer to dally Breach of couenants likewise is numbred among the iust causes of warres we put on armes saith c Plat. in Alcibiad one eyther being deceiued by our enemies that performe not promise or being constreyned the Romanes began their warres with Perseus king of d Liu. 42. Macedonia vpon occasion of breach of the articles of peace made before betwixt his father and them and for the like cause also renewed their warres with them of Carthage and for the same cause warres haue bene opened betwixt vs and the Scots as at Muscleborough fielde vpon the deniall of the Scottish Queene promised to king Edward and betweene the French and vs. Many wise princes haue an eye to their neighbours greatnesse and perceiuing how preiudiciall their encrochments may proue vnto theÌ„ haue iust cause to withstand them Lewis the 11. sent ayde to the Switzers Duke of Lorreine against Charles Duke of Burgundy hauing no other cause then the suspicion and feare of his greatnes The true a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid. 1. cause of the Peloponesian warre against them of Athens was the suspicion and feare that their neighbours had of their power and greatnes And yet that cause was not once mentioned The Princes and States of Italy of long time haue had a secret
the Low Countries of Portugall and France you both vnderstand the practise of armes and the wants of the souldiors the generall hope of al souldiors nay of al that loue their countrey is that your Lordship which so wel vnderstandeth the common disorders of the warres and the great importance of them and hath so great fauour and meanes by reason of your auctoritie to correct them wil one day be a meane to see them in some part redressed all those parts which are required of a sufficient generall do seeme to florish and shew forth themselues in your doings and promise these things in your behalfe Through disorder of some ignorance in others to speake nothing of pinching false reckonings hitherto her Maiestie hath not bene resolued to bring into the field a sufficient armie and those small forces if I may so call such smal troupes that haue bene employed in diuers seruices haue wanted much of their necessary prouisions not that the charge is so great that it could not be borne nor for that her care was lesse then is conuenient for if the same order were abroad that is at home why may not this countrey mainteine thirty or fourty thousand abroad that mainteineth so many millions at home men do not spend more nor eate more abroad then at home but the reason why a sufficient army is hardly mainteined is because there wanteth good directions and orders and punishment of bad dealing some impute the fault to griedy mens insatiable couetousnes which like a goulfe wil neuer be filled but that is not all nor the greatest disorder others thinke it impossible for this Realme to beare the infinite charge of an army but why should not this whole kingdome be able to mainteine 30. thousand in pay when as the citie of Rome the territory being not past ten miles in breadth in that warre which the same had with the a Liui. lib. 8. 9. Latins sent forth ten legions which being full at that time amounted to 40000. foote beside horsmen but what should I speake of Rome the mistres of the world for warlike discipline when as the Cities of Athens and Sparta nay the townes of Thebes Corinth Argos and diuers other in Greece Italy mainteined great armies both at home abroad vpon their owne charges who seeth not then that the cause of these calamities and disorders is want of militarie knowledge and not want of meanes and that as disorder want of reward and punishment is cause that our enterprises are so easily dissolued and vanish of themselues so order and gouernement in ancient times were causes of their happy successe and would also make our affaires succeede the better I neede not seeke farre to finde examples for proofe of this matter seeing the good gouernment of Edward the first that so long warred in Scotland of Edward the third and Henry the fift and eight that were so victorious in France aforde vs such store if then the griedines of some were restreined with sharpe punishment men of heroical spirits not tainted with the base desire of gaine were allured with honor preferment to take vpon them the charge of matters if such were chosen for commanders as haue nothing before their eyes but honor and the enlargement of the commonwealth and all men were resolued to bestow more in iron and steele then in silkes and veluets and golden coates and most things were gouerned by lawe and order of warre and not by fauour and partialitie or which is worse by money in summe if true and ancient discipline of armes were either restored or setled among souldiers I would not doubt but that this Countrey would be able not onely to mainteine a sufficient strength of men but that we should also recouer the ancient glory of the English nation spread farre abroad in France Spaine and other countreys in time past now blemished only with some mens misgouernment Wherefore seeing it hath pleased God not only to make your Lordship acquainted but also partaker of the common calamities of souldiers and giuen you fauour and accesse to her Maiestie in whom it lyeth to reforme these abuses as you haue hitherto employed your person and goods in the seruice of her and your countrey so I beseech you cease not vntill such time as you haue accomplished the redresse of these disorders these are they that without any one stroke of the enemie haue broken our enterprises it is not the courage of the Spaniard nor force of the Dutch nor brauerie of the French that hath frustrated our late attemptes neither doeth force so often ouerthrow armies in fielde as daliance irresolution and delay then through niggardise and good husbandry want of pay and necessarie furniture thirdly presumption and want of strength and sufficient force and lastly those abuses which through want haue crept into armies of late time for pitie could not be corrected for what conscience is it to punish those that spoyle and wander abroad when if they should not thus doe they should sterue for hunger if a Generall haue sufficient force and prouision it is his fault if he doe nothing if he want either force or pay then it is their fault that should haue sent him foorth better prouided many doe great wrong to our Generals in the Portugall expedition when they impute the fault to them God knoweth that with such slender prouision nothing could be done more others that are more deepely to be charged for breaking that enterprise yea and famishing of many poore soules lye hid and I thinke meane not to answere vntill such time as God shall call them before his tribunall seate there to answere once for all If any meanes could bee deuised that abuses of imprests and false musters and accounts taken away loyall captaines might be chosen and poore souldiers be well furnished and that matters might proceed with speede and resolution and more force bee ioyned together I would then hope there would be some seruice done without forces cōuenient what reason hath any to hope for better for as a little water sprinkled on the fire doth make the same more to flame and sparkle so small supplies doe rather kindle and nourish warres then ende them or exstinguish them The onely meanes to redresse both these and all other disorders consisteth in the restoring and by sharpe punishment mainteining of true militarie discipline and orders Without this as a discrazied body is easily dissolued without outward force so an armie though neuer so great without one blow of the enemie is broken and scattered without doing any effect With exercise of armes and obseruance of true discipline of war great enterprises most happily are atchieued The a Romani sibi orbem subegerunt armorum exercitatione disciplina castrorum vsuque militiae Veget. de re mil. Romanes did subdue the world by the exercise of armes and their orders of encamping and practise of warre Neither did they excell the
cowards and disorderly persons 21 In the last Chapter for that our souldiers are for the most part raw and ignorant and would haue things expressed and taught them plainely I haue gathered together certaine militarie orders some concerning religion manners others concerning especially tending to the common safetie of the state armie or garrison or els concerning the speciall dueties of captains or common souldiers others respecting the campe or towne of garrison others specially belonging to sea causes and aduentures at sea others to the Officers of the army or fleete others concerning booties spoyles and prisoners and some concerning the execution of lawes and administration of iustice out of which I would haue so many as are fitting for the seruice in hand to be chosen out and put in writing and proclaymed openly and deliuered vnto euery captaine or colonell that euery man may vnderstand some part of his duetie and what punishment is due for his offences These things I haue for thy sake not without great labour brought together and layde foorth in this forme which I haue declared Reade them therefore with indifferencie and weigh them with iudgement and say not this can not be so for I neuer sawe it the authoritie is drawen from those which haue seene more then thy selfe and standeth vpon better reason then without experience thou canst imagine if thou allowest and likest my reasons followe them and vse them if not yet proceede not against reason my only desire was to profit my countrey and to content and profit thee other boone or reward I craue none but that I doe not receiue at thy hands disgrace for my diligence nor reproofe or scorne for my good will which because common humanitie forbiddeth me to feare I will bid thee a dieu and begin to addresse me to my purpose ¶ The right practice proceedings and lawes of Armes CHAP. I. What causes make warres iust or vniust and what are the effectes of lawfull warres and what solemnities or circumstances are to be considered in defiance of our enemies and first attempts of warres IT is needelesse as I suppose to dispute whether it be lawfull either for Christian Princes to make warres or for christians to serue in warres Those that thinke it vnlawfull as men deuoyd of iudgement in religion and state are declared long since to be both heretical and phrenetical persons The lawfulnes there of is apparent for that most godly and religious princes as Iosuah Dauid Iehosaphat Iudas Macabeus were great warriers their warres so allowed that the spirit of God calleth them the warres or battels of the Lord neither was the same altered by Christes comming as the Anabaptists dreame The holy a Rom. 13. Apostle sheweth that the Magistrate carrieth not the sword in vaine But he should carry it in vaine if hee might not as lawfully repell publike force as he may punish therewith priuate wrongs Iohn Baptist when the souldiers came vnto him he exhorted them not to giue ouer their manner of liuing but to content themselues with their wages to do wrong to no mau b Act. 9. Cornelius the Centurion notwithstanding his souldiers profession hath a notable testimony of the holie Ghost to be a man that feared God and if he had not beene such hee had not receiued the holie Ghost The true seruants of God sayth S. c Ad Bonifac. Augustine make warres that the wicked may be restrained and goodmen be relieued Beside this what state in this notable corruption malice of mens nature could endure any time if warres against violent persons were vnlawfull without warres who can warrant vs against spoyle and iniury it is the law of nature and nations that putteth weapons in our hands for our defence without warres ciuill lawes against rebellious subiects cannot be executed and so should remaine without edge S. a Ambr. de offic Ambrose saith that it is the office and parte of iustice by warre to defend our country from the enemy our confederates and such as by reason of their weakenes neede our aide from spoylers and oppressors Wherefore taking this as granted that some warres are lawfull let vs proceede to examine what those things are that giue vs iust cause of warres which is a matter much to be regarded vnlesse we will be accompted among those tyrants that rage and vexe men without cause If the cause of him that warreth be good the issue cannot be euill saith b Bern. de nou mil. Bernard the c Frangit attollit vires in milite causa Ouid. cause as it is good or euill so either abateth and breaketh or whetteth the souldiors courage d causa iubet superos melior sperare secundos Lucan and good and iust causes make men hope ro receiue fauour of God in the issue and triall e Euentus belli velut aequus iudex vnde ius stabat ei victoriam dabat Liui. 21. the euent oftentimes is according to the iustice and qualitie of the cause and f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eurip Electr. seldome do they returne in safety that go forth to draw their swordes in euill quarrels Dionysius of g Lib. 2. antiq Halicarnassus sayth that the Romanes therefore preuayled for the most part for that they enterprised no warres without iust causes contrariwise the h Ius in armis ferebant Liu. 5. Gaules which accompted that iustly gotten which they could winne with their sworde though otherwise very valiant receiued many great foiles for this cause as sayth Philip of i Phil. Com. li. 4. Commines Princes when they list to quarrel with their neighbors pretend honest causes although oft times vntrue The French that with some colour they might receiue such as in Gascoigne or Guienne rebelled against the kings of this realme suborned certaine Gascoignes and Poicteuins to complaine of vniust taxations made by the English in the dayes of Edward the third and Richard the second And Lewis the eleueuth of France instigated certaine rebelles to complaine of k Philip of Commines Charles duke of Burgundie that vnder colour of doing iustice he might with more reason inuade his territories These pretenses shewes make great disputes betwixt princes and states while euery man will seeme to make his cause good and to do nothing without iust causes Let vs therefore now consider what causes are sufficient to iustifie the taking of armes what are counterfeit and insufficient First it is lawfull to vse â—orce and take armes in defence of our country true religion our goodes or liberty a Hoc ratiodoctis mos gentibus feris natura ipsa praescripsit vt omnem semper vim a corpore a capite a vita iua propulsarent Cic. pro Mil. Reason teacheth the learned and custome instructeth all nations thus much which euen the instinct of nature printeth in wilde and sauage beastes that it is lawfull to repell force offered to our life to our person and the