s. which amounted to an inestimable sum Holinsh f. 11. Graft abridg An. 1085. when it came all together into his exchequer And did not he shortly after cause all mens goods and chattels to be valued and raised thereof also a maruelous great masse of mony to the great greife and impouerishment of our people who so sore lamented the miserable case wherein they were thrawled that they hated the Normans in their hartes with deadly mallice howbeit the more they spake and séemed to grudge against such sore touls tallages and cruell oppressions as were daily deuised to their vtter vndoings the more they were burdened after the manner of the bondage which the children of Israel sometime suffered in Egipt for on the other side the Normans perceiuing the hatred which the Englishmen did beare towardes them were sore offended in their mindes and therefore sought by all manner of waies how to kéepe them vnder In like sort did not Wil. Rufus ouerthrow diuers and sundry townes Holinsh 313. parishes villages and buildings for the space of thrée miles together to make thereof a Forrest which to this day is called the new Forrest for wilde beasts and deare whereby no small member of the poore lost their houses their lands and liuings for the maintenance of sauage beasts Nevv forrest Camden 188. of whose hard dealing in this case Doctor White Bishop of Winchester hath these verses written as Camden affirmeth fo 198. B. of Win. Templa adimit diuis fora ciuibus arua colonis Rufus instituit Beanlensi in rure forestam Rex ceruum insequitur Regem vindicta Tirellus Non bene praeuisum transfixit acumine ferri Did not he cause a greiuous paine to be ordained insomuch that who so euer did kill any of the same deare he should haue his eies put out Eies put out for hunting wherevpon many refusing to sustaine such an intollerable yoke of thrauldome as was dayly laid vpon them by the Normans choose rather to leaue both lands and goods and after the manner of outlawes got them to the woods with their wiues children and seruants meaning from thenceforth wholy to liue vppon the spoyle of the Countries adioyning and to take what so euer came first to hand wherevpon shortlie it came to passe that no man might in safetie trauel from his owne house or towne to his neighbours and euery quiet and honest mans house became as it were a hould or fortresse and was furnished for defence with Bowes Arrowes Billes Pollaxes Swordes Clubbes and Staues the dores kept locked and strongly boulted and namely in the night season for feare to be surprised as it had bin in time of war and amongst publique enimies Prayers were made also to almighty God by the maister of the house to saue and defend them as though they had bin in the middest of the seas in some stormy tempest by meanes of these hard dealing towards the English nation The people in the North parts of this Realme did rebell whome the Normans suppressed Hands cut off for rebelling and caused some of their hands to be cut of in token of their rebellious dealings and others by death to be punished and tooke so great a displeasure with the inhabitants of those parts that he wasted all the land betwixt Yorke and Durham so that for the space of 90. miles there was left in manner no habitation for the people by reason whereof it laie waste and deserte by the space of nine or tenne yeares so that no greater misery in the earth could happen then that into the which our nation was now falne Likewise did not he take from the Towns and Citties from the Bishops and Abbies all their ancient priuiledges and frée Customes to the end they should not onely be cut short and made weaker but also that they might redéeme the same of him for such somes of money as it pleased him to appointe to obtaine their quietnesse and made protestation that as he came to the gouernance of this Realme by plaine conquest so he would and did seize into his hands the most parte of euerie mans possessions causing them to redéeme the same at his handes againe and yet retained a parte in the most parte of them so that they that shoulde afterwardes inioy them shoulde acknowledge themselues to hold them of him in yéelding a yearely rent to him and his successors for euer In like manner when the Spaniards by violence possesthe sed Crowne of Portingall Booke of the estate of Fugitiues did not the king of Spaine vse the authoritie of a Conqueror and the tyrannicall cruelty of an vsurper altring their Lawes confounding their priuiledges ouerturning the whole estate of their gouernment strangling some of their Nobilitie and other of them beheading imprisoning and banishing some other of them with many other horrible and pittifull actions These are also other miseries which followe where the enemy doth get the vpper hand and shall we looke for any other dealing if they should ouercome vs ¶ That we shal preuaile against our enimies by faithful praiers to God wherof diuers examples are here set down out of the Bible also diuers other good perswasions to withstād the enimy and how that euery man is bound so to do whereby great fame is attained and left to posterities Chap. 4. IF we wil consider how valiantly our forefathers haue alwaies resisted forren forces prepared against our countrey 6. cause of incorragemēt and what great renowne and same they haue gotten for their valour in Armes which is spread amongest all Christian Nations of whom it is written Anglia Bistonio semper gens inclita marte England a Nation euer famous in battell Bysto is a coūtrey of valiāt people in warres in thrace Camd. fol. 7. Of whome Iohn Wheathamsted sometime the Abbot of S. Albons in his Granario writeth Sufficiat igitur Britannis pro nobilitatis suae orgine quod sint fortes potentes in praelijs quodque vndique debellent aduersarios nullumque penitus patiantur iugum seruitutis It is sufficient for the Britaine 's of whom we are descended for the beginning of their Nobility that they are strong mightie in battell and that they doe euery where beate downe their enimies and cannot suffer by any meanes the yoke of any bondage If we will remember that no Nation sithence the Conquest of this lande which is about 529. yeares past coulde yet ouercome vs praised be God therfore notwithstanding sundry attempts made to that end if we will call to mind the notable ouerthrowes which king Richard the first gaue the Infidels with a few Englishmen Foxe 245. Hol. 1191. and made the king of Cypres to doe him homage for his kingdome and besides him diuers other valiant kings and people haue we brought into subiection and made them stoope to the Crown of England as by our Chronicles is euident we haue nowe then great cause to be mightily incouraged in
enterprises are not holden to proceede of courage and valour but rather of rashnesse which often bringeth danger to the whole Army And you couragious souldiors submit your selues to the order and direction of your chieftaines and leaders of whose great experience and skill in martiall affaires you shall not need to doubt by reason of their continuall training vp therin and so much the rather you must thus do because you are not yet such men of vnderstanding in warlike discipline Herodotus So did the noble Graecians as Herodotus writeth whereby small companies gaue sundry notable ouerthrowes to great multitudes of the Persians in battel euen when they were in their chiefest conquests moste triumphed of their glorious victories Where no order is the scripture saieth there is confusion and vtter ruine Keepe therefore your rankes break not your arraies stand fast in your places to which you are appointed for out of doubt as obseruation of orders in battell is neuer without hope of victory so doth disorder open the way to the enimy to ouerthrow you If you keepe order you shall be euen like a strong Bulwarke against the enimie which they will with all their forces attempt to breake being the only way to gaine them victorie of which purpose if they faile then they will bee vtterly discomfited and fall into your hands To conclude forsomuch as the chance of war is vncertaine and the sequele therof standeth doubtful although the causes afore remembred ought greatly to encourage you in this seruice and to hope of victory yet let vs all make our selues readie for whatsoeuer it shall please God to lay vpon vs and let vs make our humble prayers to Almighty God confessing our sinnefull liues and heartilie repent vs thereof who giueth grace in the very instance of time as by the example of the theefe which was hanged with our Sauior Christ appeareth who vsed these few words vnto him Lorde remember mee when thou commest into thy kingdome And Christ said vnto him This day shalt thou be with me in Paradice And let vs cal vpon him for his gracious assistance against our enemies who no doubt wil ayde and defend vs against them according to his promise for heauen and earth shall passe before one iòte of his Couenant or promise which he hath made to such as serue and feare him shal faile as the scripture doth plainely testifie Now let vs all kneele down and lift vppe our hartes to the throne of Gods Maiesty pray ALmightie God father of our Lord Iesus Christ maker of all things Iudge of all men we acknowledge and bewaile our manifold sinnes and wickednesses which we from time to time most greeuouslie haue committed against thy diuine Maiestie prouoking most iustly thy wrath and indignation against vs we doe earnestly repent and are hartily sorie for these our misdooinges haue mercie vpon vs most mercifull Father for thy blessed son our Lord Iesus Christs sake forgiue al our offences past graunt that we may euer hereafter serue and please thee in newnesse of life to the honor and glory of thy holy name through our onely mediator and aduocate Iesus Christ our Lord. And O thou most mighty God that art the King of kings and Lord of lords and gouernour of all things whose power no creature is able to resist stretch out thy mighty arme and come help vs and be our defence for without thee vaine is the help of man We go not against this multitude trusting in our owne strength but in thy name and in thy most gratious ayde and assistance let them know that thou art the Lord of hoasts and the onely giuer of victory and deliuer them into our hands if it be thy good pleasure that we may glorify thy holy name through Iesus Christ our Lord to whom with thee the holy Ghost that most sweet comforter that art one in three and three in one true and euerlasting god be all honor glory and praise for euer and euer so be it Now in the name of God almighty aduance our Standards display your Ensignes and set vpon them couragiously for the honor of your prince and country for all England prayeth for our good successe in this buisines this day THE MANSION of Magnanimitie ¶ Of the strength of this Realme in respect of the scituation pleasantnesse of ayre fruitfulnesse of soile aboundance of al sorts of Graine Cattell and other necessaries for the vse of man how it is replenished with thousands of couragious valiant men wherby to withstand all forren inuasion Also how it is defended with many strong holdes in places needfull and furnished with a Royall Nauy with mnnition sufficient to incounter the enemy Chap. 1. ALthough I doubt not both in respect of your loyalties to her Maiestie and fidelities to her Crown things due by all Lawes from euery true Subiect to his Prince and Soueraigne gouernor and also of the great loue and affection that euery man doth naturally beare to his natiue Cuntrey but that you wil be alwaies ready with hart and hand to ioyne in the defence of these against the enemy yet haue I thought it not vaine to set downe some speciall causes and reasons which shall the rather moue vs hereunto Amongst which as in the first parte of this booke I will commend to your considerations the strength of our Country in regard of the scituation therof The first cause of incouragement in respect of the scituation of our Countrey how our countrey is inuironed with the maine Sea sauing that part onely adioyning to Scotlād which is a sufficiēt defence to this realme in that the Quéenes most excellent Maiestie the noble King of that country are most surely linked as well in respect of the néernesse of bloud as also by reason of most honourable couenants and agréementes of league peace and amity which by Gods grace shall long continue concluded and passed betwixt them so that we may well assure our selues that none can come to vs but by shipping wherby what aduantage we haue that stand vpon the firme land ready to receiue or defend the enimy which must lie open to our forces from the sea euery man of any reasonable sence or vnderstanding may easily conceiue It is placed in that part of the world which is temperate neither vexed with too much heat nor oppressed with ouer much colde as many other Countries be It is also of a most delicate holsome ayre full of pleasant springs fountaines and riuers A Country of fruitfull soile Commodities of our countrey yeelding Corne of all sorts abundance of Wooll Allom Copper Mines of Leade Tin Yron Stone Wood Seacole Pittes to make Salt of and of all manner of Cattell Horsses Fowles Fishes Beasts of Venery of all kindes plentiful and all other things necessary for mans sustenance vse and pleasure A Country apt for traffick by sea from all places of the world in respect whereof we are of our selues
among Christian Princes and to moue their subiects to oppose against them surely his owne conscience shall testifie against him which will be as strong as a thousand witnesses as Persius very well sayth Poena autem vehemens ac multo seuerior illis Satyr 3. Quas Ceditius grauis inuenit Rodamanthus Nocte diéque suum gestare in pectore testem And againe Conscientia mille testes onus Aetna grauius Can he find by the word of God No subiect can rebell for any cause Rom. 13. that it is lawfull for the subiect to rebell against his Prince for any cause whatsoeuer Saint Paul sayth Let euery soule submit himselfe to the higher powers there is no power but of God all powers that are be ordayned of God and whosoeuer resisteth the power resisteth the ordinance of God and procureth to himselfe damnation When Pilate sayd to Christ Iohn 18. Knowest thou not that I haue power to loose thee also to crucifie thee he sayd thou shouldest haue no power at all ouer me were it not giuen thee from aboue our Sauior Christ was called afore the high Priests to answere to his doctrine did he oppose himselfe any way against them no he knew they had their authority from God and therefore he shewed all obedience to them in respect of their place and patiently suffered death though vniustly according to their wicked law and iudgements When Malcus with other of the high Priests seruants came by their commandement to take Christ Iohn 18. Peter drew out his sword cut off Malcus eare Christ said vnto him Put vp thy sword into thy sheath Math. 25. for all that strike with the sword shall perish therewith thinkest thou that I cannot speake to my Father and he shall giue me more then twenty legions of Angels but how should then the Scripture bee performed The famous clarke Erasmus in his Paraphrase vppon this place of Scripture Paraphrase speaketh these words vnto Peter as it were in the persō of Christ Put vp thy sword into thy sheath matters of the Gospell are not in such manner to be defended if thou wilt succeed me as my vicar thou must fight with no other sword then of Gods word which cutteth away sinne and saueth the man And the auncient father Tertullian in his Apologia cap. 37 sayth In our profession more meeter it is to be slaine then to slay So did all the Martyrs of God by whom the Church of Christ increased Saint Augustine saith Not resistendo sed perferendo Not by resisting but by suffering If the Prince should set foorth a law touching the worshiping of God or matter of conscience against the word of God and lymit a paine to the breakers thereof Acts. 4. though the subiect be not bound in conscience to obserue that law for in such cases a man must rather obey God then man yet he may not rebell nor oppose himselfe violently against his Prince but he must rather referre his cause to God and submit himselfe to the punishmēts of the law Peter 2. as Saint Peter saith Submit your selfe to euery ordinance of man for the Lords sake whether it be to the king as to the chiefe or to them that be sent of him then it followeth he may not rebell whatsoeuer the ordinance be The Iewes had a law that whosoeuer should say he was the Sonne of God should die Christ that was the soonne of God in déede Looke Iohn 19. verse 7. and so declared himselfe to the people to be yet he did submit himselfe to the paine of the law thoughit be vngodly ¶ The manner how to suppresse rebels with a perswasion to all subiects to the due of obedience of their Prince the great inconueniences that arise of ciuill warres How hatefull the name of a traytour is to the posteritie and what plagues haue fallen not onely vppon traytors but also vppon such as haue bene murmurers against their Princes Gouernors CHAP. 8. WHen the Princes of Germany determined to take armes against the emperor for the defence of their religion Bodinus 211 they asked Luther if it were lawfull so to do who answered expresly that it was not Sleildan 4. and would not perswade them thereunto saying that no cause could be iust for the subiect to beare armes against his Prince countrey And because it is conuenient that rebellious and disordered people should be dealt withall with conuenient speed Bodinus lib. 4. fol. 487. let vs heare what Bodinus writeth concerning the maner how Si tamen seditio priùs coorta fuerit quà m prospiceretur sapientissimos ac summa virtute praestantes viros qui populi motus orationis lenitate ac prudētia regere possunt adhibere oportebit nam qui vi◠adhibent perinde faciunt vt ij qui torrentem praecipiti casu de rupibus altissimis labentem sistere se posse confidunt How rebels must be suppressed If seditious persons and rebels be assembled together afore it be foreseene the wisest men and such as for their great vertue excell can moue the people with their gentle and wise perswasions are most meetest to be vsed for such as at the first vse force do as they which thinke to stay a great water falling headlong from the high rocks If wild beasts cannot be tamed with strokes but by gentle and skilfull vsing of them who can thinke with sharpe and rough words to tame such as of all beasts are most fierce The Senate of Rome did very often reprehend such as vsed force to appease the furie of the people and rather cōmended Menenius Agrippa which not with bitternesse but rather with gentlenesse and cunning vsed to reduce the people to their obedience and dutie which aboue all other bred to him immortall praise and glorie to the common wealth And to that effect the Poet Virgill writeth thus Ac veluti magno in populo cum sepè coorta est Seditio Aeneid lib. 1. saeuitque animis ignobile vulgus Iamque faces saxa volant furor arma ministrat Tum pietate grauem ac meritis si fortè virum quem Conspexêre silent arrectisque auribus astant Ille regit dictis animos pectora mulcet Whē sedition is raised amongst the common people in their rage firebrands and stones flie for furie doth minister weapons then if they see by chaunce anie graue man to be reuerenced for his vertee and good deserts they are silent and hearken to him diligently and he asswageth with his mildnesse and wise speeches their minds and rages Pericles So did Pericles the Athenian Peter Loredan the Venetian and others whereby it appeareth that vertue and wisdome doth sometime mors preuaile in these cases then either lawes armes or the commandement of rulers And to restraine such rebellious people and reduce them to due obedience the feare and reuerence of Religion hath bene in times past of great force Lib.
tooke good assurance of king Peter for the paiment of the souldiers wages 1367. The Prince setteth forward to Spaine Thus when the Prince had taken order for his iourny in each condition as was thought behoofefull he with the king of Spaine in his companie passed forth with an army of thirtie thousand men Henrie king of Spaine hauing knowledge that the Prince of Wales was thus comming against him to restore his brother king Peter to his former degrée assembled of the French and of his owne people to the number of fourescore seuen thousand or there about of men of warre wherof seuen thousand were horsemen King Henrie sent to the Prince an Herald of armes with a letter The king of Spaine sendeth to the Prince requiring to know of him for what cause he moued warre against him sith he had neuer offered him any such occasion The Prince dispatched the Herald with an answer to the Letter containing in effect that for great considerations he had taken vpon him to aide the rightfull king of Spaine thased out of his realme by violent wrong and that if it might be he would gladly make an agréemēt betwixt them but so algates that king Henry of necessitie must then forsake all the title of the kingdome of Spaine which by no rightful meanes he could enioy and therfore if he refused thus to do he was for his part resolued how to procéed The Herald departed with this answer and came therewith to king Henrie and deliuered it vnto him as then lodged with his puissant armie at Nouarret which he liked not whereupon both parties prepared themselues to battell and ioyned The battell was eagerly fought the victorie fell to the Prince There were staine of men of armes fiue hundred and thrée score The number slaine at this battell at Nouarret and of Commons about seuē thousand and fiue hundred of the kings part and of the English part there was slaine of men of account but verie few viz. foure knights two Gascoynes one Almaine and the fourth an Englishman and of other meane Souldiers not past foure hundred Froissard as Froissard saith but other affirme that there was slaine of the Princes part about sixtéene hundred which shold séeme to be more like a truth if the battel were fought so sore fiercely as Froissard himselfe doth make report This battell was fought vpon a Saturday Caxton the third of Aprill in the yeare of our Lord 1367. There was taken prisoners of the kings part to the number of two thousand and amongst them the Earle of Dene Sir Berthram de Cleaquine the Marshall Dandrehen or Dandenhien and many other men of great account After the battell King Peter went to Burgis and was receiued into the Citie and shortly the Prince came thither Froissard and there held his Easter with king Peter and taried there aboue thrée wéeks in the meane time they of Austergus Toledo Lisbon Cordeua Gallice Ciuill of all other places of the kingdome of Spaine came in did homage to King Peter promising him to be true to him euer after for they saw that resistance would not auaile so long as the Prince should be in the Countrie I note by this discourse Note the mightie courage of this noble Prince that durst enterprise to displace a king of his royall seat in his owne kingdome being there a méere stranger and to encounter him in so great an action hauing not aboue thirtie thousand in his Campe the king being about fourescore sixe thousand strong whereof aboue seuen thousand were horsmen and in his owne countrey where he might be furnished to supply his want And here I may not omit to speake of the notable and valiant seruice performed by the said noble Earle of Essex and the right noble Charles Haward now Earle of Nottingham high Admirall of England and diuerse other Lords Knights Esquires and Gentlemen at Cales in Spaine in the thirtie eight yere of her Maiesties raigne where they found fiue Gallions of the king of Spaines that is to say the Philip being Admirall the S. Matthew the S. Andrew the S. Thomas the S. Iames three Leuantices two great ships of Noua Hispania and diuerse gallies and 20 marchant ships richly loden for the Indies at which time the English had fight with the said Gallies about an houre the next day the English men and the Spaniards incountred each the other valiantly which conflict continued from seauen of the clocke in the morning till one in the after noone which was so sharpe that some of the Spanish ships did runne vp the riuer further into the country to saue themselues The said ships called S. Mathew and S. Andrew were taken and brought into England the Philip another being Uiceadmirall ranne themselues on ground and the English entred the Philip to haue had the spoile of her which the Spaniards perceiuing did set on fire and went out and the English men escaped the fire with danger some other of their ships were fired by vs there the Generall landed about sire thousand men and marched towards Cales citie being led by the said noble Earle of Essex giuen in the head of that troupe whome certaine of the Spaniards met some on foote and some on horsebacke out of the citie about halfe a mile but they did not tarie but retired to the towne The said Eerle of Essex pursued them resolutely and with such inuincible courage vnto their walles where they played vpon them with their ordinance and small shot awhile but in the end they entred by plaine force with small losse of their men The Earle of Essex was one of the first that entred with many voluntarie Gentlemen and they which entred were not aboue 1000 men which wanne the towne but there was good ayde at hand In the towne there were 500 horsemen and a thousand footmen besides a great number of other townesmen and great store of munition ordinance and victualles The towne was strongly walled hauing a castle strongly edified in the midst thereof and so fortified and victualled that it was thought impossible to haue bene wonne without cannon shot and the houses were all of stone very strongly and defencibly builded so as if they had stood to it it had not bene possible with a far greater number to haue bene so soone surprised We tooke the spoyle of the Citie being very rich in Iewels Plate Money Cloth of gold Silke Sugars Wine Oyle Rice and other marchandise which was esteemed with the losse of the said ships and goods in them to be worth a huge sūme of money The said noble Earles of Essex and Nottingham knowing the loosenesse of soldiers very honorably caused the Ladies and gentlewomen wherof there were diuerse in that Citie with the rest of the women and children with 500 men to be safely conueyed out of the Citie and a straite proclamation made that none should offer to any of them any
to endure during the Queenes Maiesties life that now is And it is felony in any that hath the charge of armour vtctuals powder shot munition or other abiliments of war or victuals prouided for victualling of any souldiers gunners or mariners or pyoners of the Queenes Maiestie that shall to hinder her Maiesties seruice willingly imbezell or conuey away the same being to the value of xx shillings at one or diuerse times if he be within one yeare next after impeachedsor the same 31. Eliz. Chap. And for that her Maiestie must haue souldiers to serue her in warre 31. Eliz. Souldiers it is conuenient to set downe their duties Also it is felony by a Statute made 18. Henry the sixt in euery man that is mustered and receiueth the kings wages 18. Henry the sixt which departeth from his Captaine without licence of his Captaine except it be for notorious sicknesse or impediment by the visitation of God and if any souldier man at armes or archer mustered of record and going with his Captaine beyond the sea shall returne into England within the tearme for which his Captaine hath retayned him or leaue his Captaine there in the kings seruice and aduenture of the warre except hee hath reasonable cause shewed to his Captaine and by him to the chiefe in the countrey hauing royall power and thereuppon shall haue licence of his Captaine Licence vnder his seale and the cause of his licence and who that so is mustered of record and commeth away without letters testimoniall of his Captaine as is sayd within his tearme on this side the sea that the kings ministers there shall haue authority to arrest thē and them there keepe vntill it be inquired and if it may be found before the Iustice of peace and proued that they haue so mustered of record departed from their Captaine without licence as aforesayd Felony Souldiers by sea 13. Eliz. that then they shall be punished as felons as by that Statute plainly appeareth and the sayd Statute is made to extend to souldiers and gunners which serue on the sea as appeareth by thirteenth Eliz. If any person that shal be cōmanded to come to the muster Musters 4 5. P. and M 3. doe willingly absent himselfe hauing no excuse of sickenesse or other lawfull impediment or at their apparance at such musters doe not bring with them the best furniture of array and Armour Armour as he or they shall then haue for his or their owne person in a readinesse Imprisonment shall for euery such default or offence haue imprisonment by the space of ten daies without bayle or mainprise by the cōmandement of such as shall haue authoritie to take the same musters vnlesse the offenders do agree with the said Commissioners or two of them to pay to the vse of the Queenes Maiestie for euery such offence fortie shillings for a fine 40. shillings And by the same acte it is further enacted that if any being authorised to leauy Mustermaistter muster or make anie men to serue in warre or otherwise for the defence of this Realme Take monie doe by any meanes take or cause to be taken any thing of any person that shal be appointed named or mustered to serue in any such seruice Release soldier to release or discharge him of such seruice he shall for such offence forfeit fiue times so much as he shall so receiue exacte or take There was a notable necessary exāple made of one L. a Captaine one E. a Scriuener which L. by writing indēted receiued of the Shiriffe of W. by order from her Maiesties Counsell certaine soldiers to be by the said L. conducted to serue her Maiestie in the I le of Wight the said L. by confederacie with the said E. discharged diuerse of the said souldiers for money and deuised betwixt them another writing by colour wherof the said L. caused certaine Constables to bring afore the said L. certaine other to supplie the roome of the other before discharged which was done accordingly for which bad practise prouided euidently the said L. and E. were fined seuerally at 500 markes and adiudged also to stand on the pillorie at Westminster and likewise at the Assises in the said County of W. By this practice the Queens Maiesty was disappointed of the souldiers which by her authoritie were prest and so bound to serue whose departure frōher seruice without lawful licence had bin fellony by the law where the other were not boūd to serue 4 5. P Ma. ca. 3. neither had their departure without any licence bene felonie because they were prest without her Highnesse authoritie If anie Captaine Discharge souldier Wages Conduct money pety Captaine or other hauing chaxge of men for seruice in warre shall for gaine take discharge or licence any of his souldiers or man appointed to serue in the warres vnder his rule or order to depart from the said seruice or shall not pay vnto his souldiers their full and whole wages conducte and coate money within ten daies next after he shall haue receiued the same Ten times the value he shall forfeit for euery such offence ten times the value of the thing so taken or receiued and shall also pay to euery souldier from whome he shall so withhold any of the said wages conduct or coate money Treble sūme Holinsh 998. treble so withhoulden Holinsh 998. speaketh of a knight executed as a traitor for not paying souldiers their wages 51. E. 3. which he receiued of the king to pay them withall Anno 51. Edward 3. And touching the true seruice of Captains and souldiers Captaines Souldiers 2. 3. Ed. 6. ca. 2. it is farther ordained by a statute made in the second and third yere of Edward the sixt that if any souldier seruing the king in his warres do giue or put away any horse gelding or mare or any harnesse wherewith he shal be set forth Souldier put away horse or armour that then euery such souldier so offending vpon due proofe or testimonie to be brought afore the Lieutenant high Admirall the kings deputie Uiceadmirall or Captaine and in their absence before any of their deputies shal be imprisoned by the same Lieutenant or any other before named without baile or mainprise vntill he hath satisfied to the partie owner of the horse gelding mare or harnesse so by him sold purloined exchanged or so wilfully lost altered or otherwise made away and if such souldiers so offending fortune to escape from the Lieutenant and other the aforesaid persons without punishment and restitution aforesaid that then the same souldier vpon complaint made by the partie grieued or his executors or administrators vpon due proofe thereof to be made by any Iustice or Iustices of Peace in the parts where such souldiers so offending shal be found shall by such Iastice be cōmitted to ward without baile or mainprise there to remaine vntill