the occasions offered vpon present viewe and varietie of times or things For neither can he doe seruice vpon the enemie that wanteth either conuenient force or meanes nor may he or dare he take the aduantage of time and other circumstances that is brideled and bound by his instructions The Romanes although most expert in deedes of armes whose Senate consisted for the most part of such as in their time had bene commanders and altogether of men exercised in armes yet did not at any time prescribe their Generals what to doe and what they should not doe much lesse howe they should doe or when they should doe it Much more absurd therefore it is that men that neuer sawe enemie nor know the traine of warres should take vpon them to direct Generals what they should doe at land or sea and very strange it seemeth to me that Generals to whome armies are committed should like schooleboyes take forth such lessons as these ignorant pedants and scriuanoes should prescribe Warres are not made by indenture neither can any couenant with his enemie to doe this or not to doe it Nor can any man conceiue what is best to be done but such as are present And therefore the ordinary limitations of some commissions doe nothing els but binde the hands of our captaines that they shall not vse opportunitie or percase further and helpe the enemie Herein therefore it is good to imitate olde warriers at least to come so neere them as difference of times will permit The Romane captaines had authoritie most large and meanes sufficient Their forces were great their furniture and prouision plentifull least they should exact any thing of their associats they were furnished with all things a Liu. 25.26 necessary euen to their b Magistratus mulis tabernaculisque omni alio instrumento militari ornabantur ne quid tale imperarent sociis Liu. 42. 44. mules tentes and carriages That which was wanting or might more easily be had otherwhere they had authority to supply All which consisted was giuen them in one word Now captains haue many words in their commission litle scope or authority Vnder this one word imperium they coÌ„prised al authority necessary for the gouernement of the warres By the same they had power to leuy men to leade them to employ them as appeareth by the c Demus imperium Caesari sine quo exercitus haberi res militaris administrari non potest Cic. Philip Decreui imperium exercitum habenti Quid est enim sine imperio exercitus Cic. Philip. commission giuen to Octauius Caesar that afterward was called Augustus In the Prouince where they made warres they might beside the number they brought with them leuy other souldiers impose vpon the people necessary charges for the defence of the coutry Caesar d Prouinciae quaÌ„ maximum potest militum numeruÌ„ imperat Caes bel â—al 8. to resist the attempts of the Heluetians which threatned to passe through the Prouince of France subiect to the Romanes leuied as many men as he could in his gouernement Fuluius vnderstanding that the a Fuluius quia armare inuentutem Celliberos andiret ipse quanta poterat a sociis auxilia coÌ„traxerat Liu. 40. Celtiberians gathered newe forces he also in his gouernement procured what helpe hee could of his subiectes and associates From their associates and subiects in their gouernment they had power to take victuals carriages shippes and necessarie furniture of warre as is euident in the warres that Scipio made in Spaine and Afrike Caesar in France Sylla and Pompey in Asia and other Countreys They had also power to doe iustice as well to their associates and subiects as to their owue souldiers otherwise they could neither haue encountred with trechery of men euill affected nor defended their fauourers and friendes The defence of the Prouince and their b M. Messala L. Pisone Coss Senatus censuit vti quicunque Galliam prouinciam obtineret quod commodo reip facere posset Aeduos ecterósque amicos populi Rom. defenderet Caes bel gal 1. friendes both against seditious mutins and foreine inuasion was likewise committed vnto them and per consequent power giuen them to leuy power and vse all meanes for the maintenance of their associats and for the gouernment and execution of warres without which they could not be defended Good it had bene for our Generals likewise in the Lowe countreys and other where that their authoritie had bene also enlarged For while they had neither victuals nor lodging nor shippes nor cariages nor artillery nor munition nor other furniture of warre but at the pleasure of the States some whereof were too respectiue of their owne profite nor could execute any man of those Countreys for treason without their consent it is no maruaile if their proceedings were slowe their executions slender their wantes great Further the Romanes gaue their Generals power both to make warres by sea and land Do doubt they had also sufficient meanes without which all power is frustratory Our Captains in the Low countreys as they haue bene weake by land so they depended on others pleasures for matters at sea In later times also the same course hath bene taken When c Corbuloni reges praefecti praetores parere iussi potestas data qualis Pompelo bello Pyratico Tacit. annal 15. Corbulo was sent by Nero against the Parthians hee had power equall to that which Pompey had graunted vnto him in the warres against the Pirats Kings Gouernours of Prouinces and the Officers of the Romanes were enioyned to obey him It is the vse of all Nations both to furnish their Generals and to authorize them sufficiently What authoritie Annibal had it is partly euident by his actions for it is not to be presumed that he did matters without authority and partly by the wordes of Fabius perswading the Romanes to chuse a captaine equall to Annibal a leader sayth hee of great authoritie by reason of his continuance and not restrained by any limitation of times or lawes so but that he might doe all things according as opportunites of warre should require Herein Demosthenes a Olynth 1. declareth what great aduantage Philip king of Macedonia had aboue the captaines of the Athenians for he was not limited by any Superiors commandement nor restrained by termes or time as were they Which thing sayth he is very effectuall for dispatch of matters Those captaines sayth b Duces summi liberi impedimeÌ„tis omnibus dominique rerum teÌ„porumque trahunt consilijs cuncta Liu. 9. Liuy that haue absolute authoritie and are free from impediments and haue power ouer things and times doe worke great effectes with their counsels Whosoeuer therefore for enuy or feare or other cause goeth about to perswade Princes to pare their Generals authoritie and to binde them with strait conditions hath an euill minde himselfe and as much 〈◊〉 in him lyeth ruinateth the affaires of his Prince For what seruice can
they doe that are not onely pinched in their prouisions but also bound fast by their commissions The c Le commissioni di Caesare haueuane espressa o tacita conditione di gonuernarhi secoÌ„do la varietà di tempi Guicciard lib. 17. commissions which Charles the fift gaue to his captaines had this condition either expressed or implyed that they should proceede according to the varietie of times and occasions notwithstanding any thing in them conteined And some very expert and wise men haue not doubted seeing a manifest aduantage to goe against their Princes commission d Il Triuultio anchora che la commessione del rèfusse che prima s' attendesse alle cose de Genoa prese il Bosco nel contado d' Alexandria Guicciard lib. 3. Triuultio although by his directions he was first to haue care of the affaires of Genoa yet doubted not to take Bosco a fit place in the territory of Alexandira And albeit that Lewis the 12. gaue his Captaines expresse charge that they should not fight with the Spaniards yet seeing their weakenes and their owne manifest aduantage they fought with them and foyled them at Cirignola Where for their defence is alleaged that the commaundements of the King being farre off and not seeing the state of things were rather e I commandamenti delrè essendo lontano erano più ricords che precetti Guicci ard lib. 5. remembrances then precepts to be followed Trimoille seeing the danger of the state of France assaulted by diuers enemies and also by the Switzers made f Accordà co i zuitzeri senza commessione salue la Francia Guicciar lib. 5. peace compounded with them although he had no commssion so to doe Of which act Guicciardin guieth this testimonie that by that accorde he saued the realme of France out of a mauifest danger And very absurd it were if a maÌ„ might not doe his countrey seruice without commission The a Salus reip â—â—prema lex safetie of the state and honor of the Prince are warrants and exceptions of a most high nature And for a man to doubt to take the enemie at aduantage for feare of violating his commission as the Spaniards say that the Duke of Medina did in his voyage for England is nothing but to spreade a cloke to couer his owne cowardise or insufficiencie Yet may not the Generall doe against his commission rashly or without apparant cause or sufficient order neither may he doe all things without commission He may not proclaime warres or inuade any nation that is out of commission onely if his enemie flie into an other Countrey he may followe him For in that case b Liuy Manlius auoweth his warres against the Gallo-grecians and c Liuy Fabius his voyage through the wood Ciminia Also all such as inuade his gouernement or his friends or associats he may prosecute without his gouernement He may not make peace or treate of peace with the enemie for he is sent to make warres He may not dimisse his armie without commandement nay he may not proceede against the lawes of Armes The d Dictator optima lege creatus summum imperium belli pacis paenarum sine prouocatione habebat Pompon in l. 2. §. popul ff de orig iuris Romane Dictator although he had great aucthoritie and could determine matters of life and death without appeale yet did not hee execute or iudge any but by the lawes of Armes That which in commoÌ„ termes some cal executing by martial lawe when innocent men are hanged without for me of lawe or cause may better be called martiall force then martiall lawe For this hath only place in warres and redresseth disorders against militarie proceedings e Si quid fraudulenter dux secerit de eo tenebitur L. in personam § generabile ff de reg iur Finally the General whatsoeuer his commission is may not deale fraudulently in his charge nor proceede contrary to militarie profession and practise in which case euery Generall is subiect f ff ad leg Iul. maiest l. 1. 2. to the lawe Very necessarie therefore it is that Generals should haue their commissions large both in respect of their prouision which by this meanes may in some sort be supplied and in respect of the expedition and g Imperator liberè ad summam imperri consulere debet Caes bel ciu 3. execution of warres which ought not to be hindred nor can conueniently be prescribed And without large aucthoritie neither can our owne souldiers nor associats be well gouerned The experience of the seruice in the Lowe Countries and disorders at sea which for want of power haue not bene redressed doe minister vnto vs sufficient proofe of this matter Some will say that it is dangerous to commit so large power into any mans hands especially if he should deale disloyally But what a reason is this because men may abuse their power not to giue them sufficient power for those matters which are committed to their charge Those that meane disloyally toward the State although they should haue neuer so strait limitations in their commissions would not stand vpon termes and wordes of lawe And rather it giueth them occasion of discontentment when they see themselues distrusted then bridleth any euill purpose if they should doe against their allegiance And why should any man without cause suspect any noble man that he will deale against his Countrey hauing so many pledges of his loyaltie but if any should be so euill disposed yet may we not thinke that all his army would follow him rebelling against his Countrey And if they should yet is it not the force of one armie that can preuaile against a whole kingdome that is well gouerned And therefore for feare of disloyaltie of some let no man feare or omitte to make sufficient prouision and rather let loyall men be sought out with diligence and disloyall men remoued then that the necessarie prouisions of warre should be neglected or the proceeding hindred for want of aucthoritie CHAP. IIII. Part 5. Of the choice of Colonels and Captaines of companies and other officers of the armie and their qualities and office DIuers other pointes concerning the place charge and office of the Generall deserue also to be particularly handled as namely who hath authoritie to appoint Generals in what case the Prince himselfe is to come in person into the field how farre the General ought to hazard himselfe and generally what belongeth to his office but the same may partly be vnderstood by that which hath bin spoken already shal more euidently be declared in this treatise for the executioÌ„ of al these matters appertaineth especially to the direction of the General And now we haste to speake of such matters as coÌ„cerne rathe the managing of warre then questioÌ„s of right It is sufficiently knowen that the power to make warre or peace is a marke of souerainty belongeth to the soueraine magistrat and to
d Hist de troubl de Fr. l. 9. Admiral at Moncontour would willinglie haue passed the day without fight but being neere the enemie hee could neither passe the riuer without disordering his armie nor retire without manifest danger of being vtterly broken and ruinated Philip of Macedonia albeit hee was encamped vpon the banke of the riuer Aous very strongly and had most high mountaines for his defence vpon his backe yet being charged suddenly from the vpper ground he was both driuen to fight against his will and foyled by Tit. Quintius Wherefore considering the losse and calamities that come of suffering the country to be burned and spoyled the hazard that to wnes besieged by the enemie without hope of succour stand in the discouragement of our people that see and enemie in the countrey whom they dare not encounter I hold it a rule most certaine that no countrey nor state can well be defended against a strong enemie any long time vnlesse the same either haue or can procure an armie to come into the field able to encounter him and not vnwilling also if the same may haue any good aduantage to fight with him And therefore all valiant men that loue their countrey are rather to endeuour to ouercome the enemie by force then dull him and wearie him by patience and delaies which bring with them contempt of those that want an edge and force That wee may fight with aduantage and proceed with reason let vs now examine and see what things are to be foreseene and considered before that the General do bring foorth his armie into the field to fight CHAP. XI Conteining speciall matters to be well considered before the Generall bring foorth his armie to fight with the enemie in open field MAnie things in warre are executed by force and strength of men but seldome doeth force preuaile much without counsell and direction Counsell in all deedes of armes chalengeth a principall place but especially in ioyning battell with the enemie To refuse good counsell therefore in this case is a brutish follie oftentimes seuerely punished The Constable of France peeuishly refusing the good counsell of Coucy that dissuaded him at that time to fight with the Turkes was the cause of the miserable slaughter of Christians at Nicopolis The Frenchmen detest in their histories the pride and insolencie of a certaine Duke of Bourbon who a Froissart being Generall in a certaine enterprise against the Saracens in Afrike ouerthrew the action by disdaining to heare any man speake and refusing all counsell but his owne A man wise inough to ruinate any enterprise Wise captains therefore as they will consider many things themselues so I trust they will not disdaine to vnderstand the experience and aduise of others Before a Generall doeth resolue to fight with the enemie with all his force hee is first diligently to vnderstand both the strength of the enemie and the numbers and strength of his owne men least presuming too much of his owne power or contemning the enemie he doe that which afterward hee may repent a Guicciandin Francis the first of France not knowing how much hee was abused by his moster rolles and supposing his strength to bee greater then it was accepted of the battell of Pauie where himselfe was taken and his armie discomfited b Caes bel ciu ◠Curio not knowing the great strength of the enemies horsemen did rashly leaue the aduantage of the ground and fight with him that in the plaines was to strong for him which was his ruine Cassius in the battell of Philippi not vnderstanding the victorie of Brutus his companion desperately slew himselfe and was the cause of the discouragement of his side and the victorie of the enemie If therefore he shall vnderstand that his enemie is too strong for him let him keepe his aduantage of ground and auoyd fight if his owne power be greater let him not delay it for it is no lesse dishonour to let slip an opportunitie then to aduenture rashly Yong souldiers are not rashly to be brought into the field against an armie exercised and beaten with long practise of warre The Romanes found this true by their owne practise in the warres with their c Veterani exercitus tobore rex Rom. vicit Liu. 1. neighbours and with Annibal Where their armie was well trained they preuailed their fresh souldiers could not endure the force of Annibals beaten men Caesars old souldiers were inuincible With the men that Philip of Macedonia had exercised in many warres Alexander ouerthrew the Persian empire For it is not d Veteres non tam numerosos exercitus habere voluerunt quà m eruditos Veget. l. 3. c. 1. number that preuaileth but experience and skill The e Philip. Comin gallants of Charles Duke of Burgundie bragged that they would doe and venture but when they sawe their enemie they forgot their wordes and ranne away in the encounter with Lewis the eleuenth at Mont le herie Therefore did Caesar wisely that carying ouer with him diuers yong souldiers into Afrike f Noluit conuulncrari exercitum tyronmen Hirt de bel Afric would not put them to the triall before he had made them better acquainted with warres Souldiers likewise when they are faint wearie hungry or thirstie fight but faintly And therefore as there is no trust in young souldiers so there is no strength in souldiers that are faint with labour or want of victuals Doe not therefore rashly encounter the enemie when they men are either wearied with long marching or watching or faint for want of meate or drinke The a Inde cibo corpora firmare iussi vt si longior esset pugna viribus sufficerent Liu. 27. Romanes before they entred the battell refreshed their men with victuals and rest that if the same continued long yet their strength might continue b Syllanus ante pugnam militem cibum capere iubet Liu. 28. Syllanus being readie to charge the enemie commaunded his souldiers to dine first The principall cause of the ouerthrow of the Romanes at Trebia was that Annibal brought foorth his men to fight fresh hauing well dined warmed themselues and rested where as the Romane c Liu. 21. Generall brought foorth his armie fasting and cold by reason they passed a riuer and wearie for that they stoode many howers in armes before the battell began Aemilius in the warres against Perseus in Macedonia albeit his souldiers desired to fight with the d Statuit Aemilius lassitudinem sitim sentientes milites integro hostinon obijcere Liu. 44.214 enemie so soone as they saw him yet considering that by their long march they were wearie thirstie and faint would not fight with the enemie that was fresh and lustie but deferred it to the next day Yea although aduantage be offered yet if our e Furius lassitudini militum timens occasionem rei praeclarè gerendae omisit Liu. 31. souldiers be faint and wearie it is more safe to
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
ought to take heede of the enemies trappes to knowe howe to marche or e Imperatorij muneris est castris locum capere coÌ„meatus expedire ab insidijs praecanere tempus pugnae eligere aciem instruere subsidijs firmare Liu. 9. lodge safely howe to fight with aduantage where to employe horsemen where shotte where other sortes of weapons and to vnderstand the aduantages of all sortes of groundes he hought to vnderstand the times when to fight and advantages of weather and Sunne he ought not to be ignorant of any stratageme of warre nor of treaties and conditions of truce or peace least as our auncesters in time past did he loose by sleight that which before he had wonne by force finally in defending or besieging of Townes in assaultes escaladaes drawing of trenches mines making of batteries forcing or defending of passages of riuers or straytes he may not be ignorant of any point of warre proposing to him selfe the example of Iulius Caesar a man in all faites of armes most skifull Whose iudgement was such that a Hirt. de bel African sitting still in his Tent in his campe at Ruspina hee knewe what the enemie would doe or could doe and prescribed what was to be done against him And deigned not to looke out when Scipio made shewe to assault his campe This knowledge bringeth with it consideration and foresight Both which ought to bee in the General that least hee want things necessarie this least he runne into the snares layd for him by the enemie Of Aemilus b Aemilius dies noctesque intentus ea sola quae adid bellum pertinerent animo agitabat Liu. 4.4 Paulus it is reported that being chosen General for the warres in Macedonia his minde was wholy bent on that seruice so that he gaue himselfe no rest neither night nor day Captaines in c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diodor. Si cal warres must looke both forward and backward and euery way whence any danger or aduantage is toward For in warres d Non licetin bello bis peccare euery error in mortall Many doe more matters by sleight then by force Charles the fifth e Froissart of France did more represse the force of the English nation by practice then by force The Lacedemonians when their leaders preuailed f Plutarch gainst their enemies by counsell and stratagemes sacrificed an oxe when by open force a cocke onley The next vertue required in a Generall is g Virtutes imperatoris praecipuae labor in negotiis fortitudo in periculis industria in agendo celeritas in conficiendo consilium in prouidendo Cic. pro leg Manil. courage and speede to execute that which is wisely determined For vented counsels and vented wine doe foorthwith loose all good tasle And cowardly captaines discourage valiant men that suppose the danger to be as great as their leaders take it h Caes bel ciu 1. Domitius had no sooner determined with himselfe to flie away from Corfinium but the souldiers lost courage The cowardise of Crassus the i Appain bel Parth. rich gaue occasion to the great ouerthrowe which the Romanes had giuen them by the Parthians The faint heart of Titurius Sabinus charged by k Cas bel gal 5. Ambiorix made his souldiers faint Contrariwise resolute men giue courage to their souldiers and restore battels almost lost Caesars couragious heart occasioned the victorie against Pompeyes sonnes at Munda King Richard the third had almost hazarded the matter at the iourney of Bosworth if hee had but had three hundred men like him selfe the field had beene his But because his cause was not good it pleased not God to giue him the meanes l Iugurtha praelio strenuus erat bonus coÌ„silio quod difficile est nam alterum ex prouidentia tâ—morem altâ—rum ex audacia plerumque temeritatem efficit Salust bel Iuguâ— Iugurtha is by Salust commended both for prowesse and counsell Nothing doeth more auaile in warres then the example of the General He is a cowardly companion that dareth not to doe as he seeth his Generall doe Valerius Coruinus vsed no other incouragement to his souldiers then this that they should a Facta mea non dicta sequi volo nec disciplinam sed exemplum à me petere Liu. 7. imitate not his wordes but his deedes and do as they sawe him to giue them an example Not that the Generall ought lightly to hazard his person for that were great temeritie or vexe himselfe with labour for that were vaine but that hee ought to shewe himselfe alwayes couragious in dangers and forwarde in labours No lawes nor precepts can doe herein more then the Generals example The Romanes folowed b Lucan Cato through the drye and hotte sandes of Barbary and shame made Xenophons souldiers march vp the hill seeing him goe before them Neither hath any thing more animated the French Kings souldiers of late then the example of so valiant a Prince leading them They that haue skill and resolution in matters of warre cannot chuse if God be pleased but haue good successe and authoritie For what man wisely laying his plot and resolutely executing the same can fayle of his expectation or want an honourable reputation both with his owne men and with the enemie c Foelicitas rerum gestarum exercitus beneuolentiaÌ„ imperatoribus res aduersae odium conciliant Caes de bel ciu lib. 7. And therefore what neede precepts of these matters which is deede are rather in the power of others then of our selues and followe of those vertues which before I haue spoken of There are also other vertues required in a Generall which although they be not so necessarie as the former yet for the execution of matters are very requisite and profitable as namely iustice liberalitie courtesie clemencie temperance and loyaltie Iustice is an ornament both in warre and peace well beseeming all Gouernours but especially the Gouernours of armies It is profitable to reteine the good willes of our associates necessary for the winning of the good will of our owne souldiers The same hath vse as well in respect of enemies as friendes The Faliscians besieged by Camillus moued rather with the opinion of his iustice that sent backe vnto them the Schoolemaster that deliuered into his handes the youth of the Citie then by force yeelded their Citie vnto him Pyrrhus did neuer offer to treate of peace before the Romanes had sent him backe that traytour that offered for a certaine summe of money to empoyson him d Iustè non minus quà m fortiter bella gerimus Liu. lib. 5. Warres are to bee gouerned not by crueltie but by iustice When a Cic. offic 1. Pausanias in the Peloponnesian warre dealt rigorously with his associats they al forsooke him Which also happened to the Athenians in the same warre for like cause And who doth not hate the Spaniard that seldome suffereth men of qualitie that come in his power
wee are to looke that the conditions of peace be reasonable If we contend about limits townes or countreys it is no honor to loose our right if we haue wrong done vnto vs it is no reason we should rest without satisfaction But because conditions are diuers according to the causes of warre the times and persons that contend and diuers other circumstances therefore that is to be referred to the iudgement of those that are employed in such affayres Whose chiefe ends should be the maiesty of God the honor of the Prince the safety and profit of their countrey But most especiall care is to be had that the conditions be performed without which all the treaty is nothing but a vayne shewe of fayre wordes This I commend as a specall matter to be considered of our nation who although many times they were victorious in the fielde against the French yet seldome could match them in conclusions of peace and also because it is a hard matter to assure conditions of peace The contempt of religion and true honour and griedy desire of gayne haue brought not onely promises but also othes into such contempt Yea some regard neither hostages nor pledges so they may take a good aduantage The a Histoir de troubl de Fr. l. 3. French Kings of late yeeres did so often breake with the Protestants that they litle regarded either their worde or their letters patents The ordinary meanes to assure the conditions agreed vpon in treaty of peace are diuers first worde or promise then writing and seale thirdly pledges of townes which the Protestants of France haue found to be the best assurance and we haue chosen for the assurance of the contract betwixt vs and the Low countrey Charles b Guicciar li. 10. the fifth would not trust Clement the seuenth for all his paternities holines without pledges Fourthly hostages of which King Edward the third accepted for confirmation of the peace agreed betwixt him and King Iohn of France The same is an olde practice and was vsed both of the Romanes and Carthaginians and other nations But forasmuch as those that list to c Nunquam causa deerit cur victi pacto non stent Liu. 9. quarrell neuer want pretense I see no other assurance of peace then either so to vse the enemy that hee can not if he would hurt thee or els to haue armes in hand that he can neuer breake without losse or disaduantage To auoyde quarrels and to take away al iust cause of brable it were good that the conditions were conceiued in good termes and set downe in writing confirmed with the seales of the Princes or States whome it concerneth Giulio the twelfth tooke d Guicciar lib. 8. exception against an Article agreed vpon betwixt him and Lewis the twelfth for that it was not written And e Guicciar lib. 2. Ferdinand of Spaine by cunning interpretation of wordes did directly contrary to his agreement with Charles the eight of France Further if any doubt should arise power would be giuen to some Prince that hath honor in recommendation and power to compell the froward to obey both to interpret the wordes and also to see the agreement performed Lastly as by conditions we couenant what should be done so likewise in case of contrauention there should penalties bee set downe Howsoeuer penalties be set downe wise Princes doe not only forecast howe to cause the enemy to performe conditions but also how in case he should breake promise he may be forced The same considerations that are vsed in treaty of peace haue also place in treaties concerning truce and confederacies For truce is nothing but a surceasing of hostilitie for a time the causes of warre hanging still vndecided whereof peace is or ought to bee a finall conclusion But peace is made sometime where there is no confederacy For this is among associates and friends that may be made betweene enemies The conditions of peace and confederacies are diuers according to the condition and state of the parties that are made friends Those that are vanquished whose case is a Vae victis Brēnus apud Plut. in vita Camilli most miserable are not to refuse any conditions as a certaine Spaniard perswaded the Saguntins Scipio offered peace to the Carthaginians with these conditions first that they should redeliuer vp all prisoners of warre which they had taken likewise all b Transfugas Liu. 3◠reuolters and fugitiues secondly that they should withdraw their forces out of Italy and Liguria nor afterward meddle with Spaine nor the Ilands betwixt Afrike and Italy thirdly that they should deliuer vp all their shippes of warre twenty excepted and should pay 500. measures of wheate and 3000. of barly fourthly that they should not make warres either in Afrike or out of Afrike without license obteined of the people of Rome fiftly that they should restore to Massinissa such things as they had taken from him and should pay the souldiers and finde them victuals vntill a certaine time sixtly that they should deliuer vp their Elephants and in time to come tame no more seuenthly that in 50. yeres by equall portiōs they should pay 10. thousand talents lastly for performance of these couenants they should giue a hundred hostages neither yonger then 14. yeres nor aboue thirty yeeres of age if these things were performed then the Romanes promised that the Carthaginians should liue free according to their lawes and possesse such cities and countreys in Afrike as they held before the beginning of the warres When the Romanes had vanquished the a Liu. 8. Samnites they imposed vpon them a tribute tooke from them some of their country enioyned them to furnish them with so many souldiers as was agreed vpon betwixt them Which conditions with others were also imposed vpon Philip b Liu. 33. of Macedonia and Antiochus c Liu. 38. king of Syria The d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid. 1. Thasians hauing long contended with the Athenians after three yeeres siege yeelded had peace vpon these conditions that they should pull downe the walles of their city and deliuer vp their ships of warre pay such summes of money as were due before that time forthwith afterward their ordinary tribute as it should be due and finally that they should forgoe their mines of metall possessions they had in the mayn land Those that were vanquished by the Romans as they were bound to helpe them so might they not either oppugne their associats or ayd their enemies with men mony or victuals albeit the same were not expressed in the articles of agreement If they did they prosecuted warres against them For that was the cause of the warres both e Liu. against the Carthaginians and Nabis and Philip of Macedonia and diuers other When Princes or people of equall power ioyne in league confederacy the conditions are more equall Such were the agreements that passed betwixt Lewis f Philip.
victuallas ni a impedir los conductores dellos ni a romper o quemar los molinos villas granias cazare y lugares de la comarca ni compre victuallas fuerae de las plaças qu◠para venderlas fuerē senna ladas y despues deapreciadas per los officiales Spanish gouernement such spoilers are seuerely punished and victuals both well saued and reasonably rated Neither are victuals onely to be looked vnto but also corne-mils and houses and granges that may serue for the vse of the army streames of water are to be kept cleane not onely for the vse of men but of cattell also These lawes being wel obserued and prouision made not only of victuals things necessary for the whole but also of phisick places of ease for the sick hurt I would wel hope that matters would proceed in better order among souldiers thē they haue done heretofore CHAP. XXI Part. 5. Wherein a forme of lawes especially concerning sea causes and ships going in publike seruice of the Prince is prescribed 1_THe ordinary practise and laws of warre concerning religion and the state also concerning obedience and peaceable conuersation betwixt fellows which haue course in seruice at land shal be obserued likewise at sea respect being alwayes had to the diuers circumstances which are diuers in either 2 The execution of iustice at sea appertaineth to the Generall or chiefe captaine with his counsell if a ship be seuered from the rest of the company then the punishment of faults that may not be differred belongeth to the captaine with the aduise of the most apparent men in the ship Prouided that no execution be done at sea contrary to the lawes of armes nor that such as offend and escape at sea do escape at land also especially where the fault is heinous For which cause those that haue iurisdiction at sea are to haue their iurisdiction cōtinued at land vntil such time as offences be punished 3 No ship shall go foorth vpon publike seruice without sufficient ordonance armes souldiers mariners munition victualles surgeons and other necessary furniture 4 No man shall sell away the armes tacle artillerie victualles or munitions belonging to the ship vpon paine of death 5 Whatsoeuer ship hauing directions to come to a place certaine shall not keepe course if it be possible nor come thither so soone as the winde wil serue the captaine and master and those that are in fault shal suffer death for it 6 Whosoeuer shall motion to do contrary to the Generals direction so long as there is possibilitie or meanes to folow it shall suffer imprisonment for the same and if he persuade the company so that the ship goeth another way both he and those that willingly yeeld to him shal suffer death for their disobedience 7 Whatsoeuer captaine or other doth boord a ship of the enemies without direction or reasonable cause or when commandement is giuen or a signe made of fight doth see a ship boarded vpon one side and doth not if he be able board her on the other side or at least do what hurt he can to the said shippe shall be dismissed from his charge and suffer such further punishment as the General shal thinke meete 8 Euery particular person shal execute his charge imposed vpō him in the ship where he is placed vpon paine of imprisonment 9 No souldier nor other whē the enemy attempteth to board our ship shal abandon his standing vpon paine of death 10 No souldier nor other appointed to board the enemies ship seeing his fellowes entred shal draw backe or resuse to folowe in his turne and order vpon paine of death 11 No man shal breake open his fellowes or others caban or coffer nor shal take any thing thence or from their persons or hide any thing that is not his vpon paine of death 12 He that neglecteth his watch or sleepeth leauing a candle or match light or any fire in any place and putteth it not out shall be put into the bilbowes and haue further punishment as the offence shall deserue 13 When a ship shall be taken then shal the spoile be brought to persons deputed by the Generall or Captaine And whosoeuer shal hide any thing of valew from their knowledge shal not onely loose the same but his share of the rest also Notes vpon the former lawes 1 The ordinary practice c. How many voyages haue bin broken of late time for want of gouernement euery one that is acquainted with sea causes that haue passed of late vnderstandeth Nothing therefore is more requisit then that such as go in those seruices that hereafter shal be attempted should haue both authority to do iustice a forme of proceeding set before them For this cause I haue made this light and as it were first draught that men of wisedome experience seeing what is wanting therein may adde more and bring the same to more perfection Those lawes that concerne treacheries against the prince and state or against the Generall or else concerne mutinies disobedience braules murders or else are common in seruice at land and sea I haue not here set downe for auoyding vnnecessary repetitions Yet are they no lesse necessary at sea then at land And therefore let them be borrowed thence that no militarie disorder nor other offence escape vnpunished 2 The execution of iustice c. The want of this consideration hath bin cause that many notorious treasons and villenies haue escaped without punishmēt I wil not name particulars for that my meaning is rather to prouide against future disorders then to haue the sword drawne for matters forepassed Onely let there bee heereafter care that such as go to sea may be furnished with authoritie to do iustice that rules be set downe that they may know what to doe 3 No ship shal c. The Admirall of France in time of peace at home hath speciall care of this matter In ciuill warres all things are in garboile He putteth into men of war the tenth man and is at a tenth of the charge and deserueth a tenth of the a Popelliniere in a treatise concerning the admitaltie of France prise Which many do wonder how in our daies certaine officers contrarie to all custome do come to challenge especially in goods taken by reprisall Where if law might take place neither the taker nor other ought to haue more then hath beene taken from him in forraine countries But if men will needes haue a tenth yet let them haue a tenth of the care that ships may go foorth well furnished that they be not lost and the land disfurnished in time of seruice 4 No man shall sell c. Euery gunner and petite officer in the Queenes ships can tell the mysterie of this law I woulde it were so wel knowne how we might meete with their filcheries The best means is to looke to matters narrowly and to punish such companions as offend seuerely 5 Whatsoeuer ship c. As at land
the souldiers the better payde rewarded Contrariwise nothing is more vnreasonable thē that those that do least should haue most those that do most should haue nothing as it falleth out when the sack of a towne is giuen to the souldiers For a coward that entreth the last may percase light vpon the greatest spoyle while those that first entred can not stirre for their hurtes Therefore did the Romanes bring all the spoyle to the Generall for the most part and a Nomb. 13. Moses hauing vanquished the Midianites after hee had the spoyle brought to him diuided it among all the souldiers Neither doeth any reason permit but that those that watch and fight should haue as good part as straglers that runne to spoyle And to permit all to goe to spoyle together were to yeelde the victory to the enemy How hard therfore so euer it seeme to keep the souldiers from spoyle yet doe I thinke they might easily be perswaded if they were well dealt withall and albeit it were a hard poynt yet must Captaines endeuour to obteine it 4 Euery man shall haue c. It is an inhumane and hard part to massacre such as yeelde them selues and throwe downe their weapons confessing them selues vanquished and flying to our mercy The Lacedaemonians in the first beginning of the Peloponnesian warre killed as many Athenians as they caught which the Athenians likewise practiced vpon the Lacedaemonians to requite them but in the end saith b Thucid. 2. Thucidides this truelty displeased them both The Spaniards in the beginning of their warres in the Low countreys killed cruelly as many as they tooke but when they saw them selues to be dealt withall in like sort they repented and perceiued that such sauage cruelty is contrary to the nature of faire warres but if it be inhumanity to kill him that yeeldeth much more is it for men to kill those in colde blood whome they haue promised to saue Who doeth not detest the cruell slaughter of the Prince of Condè after he was taken at Bassac and of those Gentlemen that then were taken prisoners stayne three dayes after in the Generals lodging Prisoners therefore let them be saued if it may be and that composition that is made with them for their ransome let it be performed CHAP. XXI Part 9. Wherein certaine orders are conteined concerning the execution of Lawes and administration of iustice 1 THat the auctours of disorders may be detected and punishment awarded accordingly it shal be lawfull for the iudge Marshall or others that haue commission from the Generall or lorde Martiall to do iustice to enquire of the auctours and circumstances of offences committed by the othes of such and so many as they thinke conuenient and shal further vse all meanes for examination and triall of persons accused dilated suspected or defamed 2 All causes and controuersies arising betweene Captaines and souldiers or others within the campe or townes of garrison shal be heard and discussed summarily and execution done according to military lawes without appeale or relation vnlesse the greatnes of the cause or other circumstance require stay or deliberation 3 If any Captaine Gentleman or souldier declare or make his testament or last will of goods he hath in campe or fortresse or which he hath gotten in seruice the same shall be enrolled in the iudge Martials office and executed by those that are named executors if no will be made then shall his goods descend to his next kinred or wife if he haue any If he haue none or if none come to demaund his goods within one yeere then shall his goods be bestowed on the poore souldiers of the regiment or company the diuision being made by two or three deputed to administer them 4 The Prouost Martiall shal see all iudgements sentences and commandements of the General high Martiall or iudge Martiall put in execution 5 Euery souldier and other person shall assist the Prouost Martiall and his Officers apprehending of malefactors and executing of iustice vpon paine of imprisonment neither shall any rescue a prisoner taken or to be taken for any capitall crime vpon payne of death 6 No man shall interrupt or trouble the iudge Martiall or Officers of iustice doing their office but vpon request made shall be ready to assist them vpon paine of imprisonment 7 No gaoler nor prison keeper shall refuse to keepe a prisoner committed to his charge or dismisse him being once receiued without warrant vpon like paine as hee should haue suffered that is so dismissed or suffered to escape 8 Wheresoeuer there is not speciall order set downe in lawes already written and published there the ancient course of military discipline shall be obserued vntill such time as the Generall or the Officers appointed for the administration of iustice cause order to be taken and by sound of drumme to be published which shall afterward stand in force 9 If any that is culpable of any notorious disorder do flie ouer into England hoping thereby to escape the danger of martiall lawes the same party vpon request made to the Iustices Sherifes Maiors Baylifes or Constables shal be sent backe to the campe to the Prouost martiall And euery of them shall doe their endeuour to assist those that are sent for the apprehension of him But if request be made for the punishment of him then shall the same offender be tryed before the Iudges at the next assises and by them be punished 10 Although the warres be ended yet are those that offend against the lawes of armes and during that time are not punished to be apprehended and punished according to the same either by the Iudge Martiall and Prouost Martiall whose commissions are to be extended so farre or by the Iudges of the Realme that notorious faultes doe not passe without punishment Annotations 1 That the authours c. If neither state nor house can stand without iustice much lesse can any armie be gouerned without it Most necessary therefore are the lawes of this section and so much the rather for that lawe is nothing without execution But because iustice cannot be executed vnlesse offenders be detected therefore the first care of those that purpose to proceede orderly is to finde out the authours of offences and persons culpable This is by examination and othe both of the parties principall as farre as they are bound by lawe to answere and of witnesses also further where presumptions are sufficient and the matter heinous by racke or other paine The administration of iustice belongeth to the Generall and lord Marshal or those to whom they shall giue aucthoritie where there is no superiour commander to Captaines ioyning together as it is euident by our practise and also by the examples of the Greekes returning from the voyage with Cyrus which a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph. exped Cyr. 5. appointed certaine Captaines iudges and gaue them aucthoritie to determine of matters and to punish offenders 2 All causes c.
league amongst them to moderate the excessiue power of the king of Spaine in that coūtrey if at any time he should go about to encroche vpon any one of them Herein consisted the speciall b Guicciard hist lib. 1. commendation of the great wisedome of Laurence Medici the elder that during his time he kept all the states of Italy as it were in equall ballance not suffering any to passe their ancient limits And I doubt not but our gouernours in the defence of the lowe Countries haue a speciall regard that the king of Spaine settle not himselfe in the quiet possession of Holland Zeland and the rest least that enioying so many commodious portes ships mariners and commodities he might percase afterward make that a steppe to stride ouer or at least to looke ouer into England As c Vt quisque ab oppresso proximus sit per omnes velut continens incendium peruadet Liu. 37. euery nation is neere to those that are subdued so will the fire once enflamed embrace it and so passe ouer to the rest as Antiochus said to Prusias perswading him in time to withstand the Romanes The Romanes perceiuing that the Samnites after they had subdued the d Liu. 7. Sidicins intended to warre vpon their next neighbours the Campanians they delayed the matter no longer nor suffered them to proceede further time it is therefore for Christian Princes to awake and iust cause they haue to withstand the encrochments of the king of Spaine that vnder pretence of the Romish religion eniambeth vpon al his neighbours vnlesse they will be swallowed vp in the vnsatiable gulfe of the ambitions tyrannie of the Spanish nation Last of all whosoeuer adhereth to our enemies and aideth them with men munitions and victuals against vs they are also our enemies and giue vs iust cause of warre against them this cause moued the Romanes to defie the e Latinis quod eorum iuuentus hostibus mixta populata esset Rom. agros bellā indictum Liu. lib. 6. 7. Latines that ayded their enemies and the same is reckened among the causes of their warres against Philip king f Liu. 31. of Macedonia for he did not only aide the Carthaginians with men but also ioyned with Annibal in league against the Romanes No iust cause therefore haue our neighbours to complaine that we haue stayed their shippes that caried victuals munitions and other commodities to the Spaniard There is no fault but one that as we haue stayed some so we haue dismissed others and haue not made prise of al by Publike authoritie and that those of the lowe Countries do commonly trade into Spaine for whose sake the quarrell is vndertaken with Spaine The Romanes as in the treatise of peace they comprised their owne confederates so in denouncing of warres they defied their enemies and their associates as is euident in that forme of defiance which they published against a cum Antiocho rege quique eiu sectā secuti sunr bellum initum Liui. 36. Antiochus Which the Greekes also obserued in the Peloponnesian warres made not onely against the principals but also all their adherents And it is the b Memoires de Fr. common forme of defiances vsed at this day As for warres vndertaken through c Libido dominandi causa belli Salust coniur Catil ambition and anger and such like affections they are vniust and the causes vnlawfull neither are they to be excused that forced by strong hand out of their owne countrey doe seeke by violence to possesse that which belongeth to others For this cause the Romanes resisted with such force the Gaules Germanes Danes Gothes and others that came to dwell in Italy And although such wanderers haue had good successe in diuers countreys by reason of the sinnes of the inhabitants as the Saxons Picts Danes and Normans in this land the Franks Burguignions and Normans in Gaule the Lombards Gothes in Italy and Spaine yet was not the cause of their warres iust for euery one is to holde him to his owne lot vnlesse the countrey be waste and dispeopled which countrey God giueth to these that can possesse it and therefore did the Sueuians iniuriously forbid any to dwell in their waste borders and the Spaniards haue no reason by force and lawe to keepe other nations out of the Indies which notwithstanding themselues are not able to people Yet to make iust d What beside the cause is to be respected in lawfull warres warres it is not sufficient only that the cause be iust but that they be enterprised first by those that haue soueraigne authoritie secondly that they be not begun especially by those that inuade others without demaund of restitution or satisfaction or denunciation and last of all that they be not prosecuted with barbarous crueltie The first point is expresly set downe in termes in the Romane lawes allowed by consent of all nations The e C. quid culpatur 23. qu. 1. Canons doe also confirme the same And if it were in others power great inconueniences would ensue It is a speciall marke of soueraintie to haue power of warre peace In Liuy these formes are very vsuall Praenestinis ex S.C. populi iussu bellū indictum est And againe ex auctoritate patrum populus Palaepolitanis bellum fieri iussit The wars of the Romans against the a Liu. 21.31.41 Carthaginians Philip Antiochus Perseus and others were not enterprised but by auctoritie of the people which in that state had soueraigne commandement in those times Him that beganne any braules or made peace with forreine nations of his owne priuate head b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plato 12. delegib Plato in his common wealth adiudgeth worthie of death And therefore did Hanno giue counsell to the Carthaginians that they should deliuer vp Annibal to the Romanes for that he had begunne the warres against them without publike authoritie Those that offended in this case by the c ff Ad L. Iul. maiest L. vnic C. vt armorum vsus lawes of the Romanes were in case of treason Marcellus vpon that ground building his reasons would haue perswaded the Senate to deliuer d Caes de bel ciu 1. Caesar to the Gaules And so scrupulous haue some men beene in this Realme in stirring without commission that they doubted whether without commaundement they might leuy forces to represse rebels This percase might seeme too scrupulous but they thought it better to be too slowe then too forward For they e Hostes sunt quibus publicè bellū indicitur reliqui sunt latrunculi praedones L. hostes ff de captiu are onely to be accompted publike enemies in warre who by those that haue supreme auctoritie are declared enemies If any vpon priuate motion fall on spoyling they are but theeues and robbers sayth Vlpian And this saith f cont Faust Manich. Augustine is the order of nature best agreeing with the peace of states that the