yeeres Yea when the a Liu. li. 9. 10. State and Territory of Rome was not the third part of England in bignesse yet did the same mainteine one army against the Samnites another in a contrary quarter against the Hetruscians and the third at home against such of their neighbours as were not perfectly to be trusted The pay all things considered was then rather bigger then lesser in respect of our times The b Decem in dies assibus anima corpus aestimatur Tacit. 1. It is a Roman souldiers speech there pay of the Romanes was for euery day a piece of money which they called Denarium for that it conteined decemasses Although I confesse that afterward the value of that Coyne was enhaunced that wayeth of our money vii d or thereaboutes as both Budey testifieth and I haue tried by waying diuers of the Coynes which I haue seene in Italy and other where The pay of the Athenian souldiers amounted to a piece of money which they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for euery day So that both the pay of the Greekes and Romanes came to one reckoning for Denarius Romanus and the Athenian Drachma by c Alciat de ponderib mensur accompt both of Marchants and Physitions weyed alike and was of one value That the Athenian pay amounted to so much as I haue sayd Thucidides shal witnesse who saith that the garrison of d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid. 3.88 Steph. Potidaea had euery man one Drachma for himselfe and another for his esquire that waited on him dayly Consider the prices of things nowe you shall finde that their pay was greater then either ours which giue commonly viii d a day or the Spanish pay which is iii Duckats a moneth for a man beside their Ventajas as they call them That the charge of warres is now greater then in time past is but an improbable surmise For wherein ariseth the charge of an army nowe but in victuals armes clothes horses cariages and such like which were no lesse chargeable in time past then now powder wee haue nowe and artillerie which in time past was not found out but the charge of their engins and the things about them which nowe we neede not nor vse was no lesse chargeable to them So that if we had that order and proceeding which they had there is no doubt but wee are as well able to mainteine an armie as they Why a sufficient armie should not bee mainteined and paid I see no reason but want of military discipline For seeing this land mainteineth so many millions at home there is no reason but the same should mainteine 30. or 40. thousand of the same number abroad if right discipline of armes were practised The charge of an army is most in meate and apperell But in these things men spend no lesse at home then abroad I doe thinke that albeit this land wanted money yet if the army were well supplyed with victuals and clothes by the Princes Officers that a great armie might sufficiently be payd For that money that should be deliuered to the souldier would most of it come backe for victuals and clothes of which this land God be thanked hath no want The expenses of munitions and armes and other matters are in respect of this charge nothing But what should I talke of this course when there wanteth neither money nor other thing but good orders well executed The reuenues of the Crowne the contributions of the subiects and ayde of our friendes are not so simple but that there may be found maintenance sufficient if mens good willes and loyal dealing were not wanting Besides these if our armie were sufficient to fight with the enemie I would thinke there were want of skill or good order if the same did not aswell liue vpon the enemies spoyles as the Princes pay Clearchus a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph exped Cyr. 1. mainteined his souldiers by the contribution of the cities of Hellespont where they lay The Romanes transporting an army into Asia so wisely did the Generall proceede that he mainteined the same with the spoyles of the Countrey and writ backe to the Senate that for that yeere he needed neither b Liu. 40. prouision nor pay for the victorie gaue his armie sufficient But before Princes bring such a matter to passe many disorders are to be redressed men desirous of honour are to be appointed Officers the rapines and filcheries of former times and hereafter to by strict Auditors and Commissioners are to be sifted out and seuerely punished as matters that disorder all armies c Auaritia di commessarij regij fraudando il re ne pagamenti di soldati cagione della rotta di Garigliano Guicciar lib. 6. Guicciardin shewerh it by the confusion that was in the French army at Gariglian by the default and fraude of the kings Officers for pay If those that kill a woman or a child of no great reckoning deserue death what doe they deserue that are the cause of the death of many valiant souldiers and betray the Realme and their Prince into the handes of the enemie through their fraude filcherie and delayes the abuses in musters must also be redressed Wherein I vnderstand that Gouernours of late haue bene carefull and set downe many good orders but all commeth to this passe that the Captaines shall pay their souldiers which doeth promise no good effect in this matter It is a notorious abuse to giue the pay of the common souldier to the Centurion or Captaine of euery band neuer vsed by the Romanes nor other nation It first came in among the Italians about two hundred and fiftie or two hundred yeeres agone in their scambling warres among themselues The reason was for that the Prince that had warres hired the Captaine out of some other State and the Captaine he hired such souldiers as he could get So that the Prince dealing with the Capatine must pay him and the Captaine must pay his souldiers Which reason now ceasing there is no cause why the abuse should continue Further there are certaine dead payes allowed to the captaine vnder colour whereof I doubt not but they will passe many dead men or such as neuer were in mosters It is asmuch as if he should be alowed to defraude a Prince a litle so it be but in sixe dead payes But better it were and more honorable if the Prince did allowe the Captaine an honourable and sufficient pay and make others the paymasters It is not possible nowe that matters should in these cases be redressed seeing such as haue interest in the gaine are made controllers of the offence Were it not better to pay euery souldier by the poll better I say for the Prince For if the souldiers acquitance moster booke pay-masters and controllers accounts agree he cannot lightly be defrauded either of his money or of his numbers better for the common souldier for he shall haue his due Yea
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
better for the Captaines for they should not be so condemned as they are of the countrey nor of their souldiers and some very wrongfully and who would for so small gaine incurre the losse of his honour or reputation but thus they shall neither liue themselues nor be able to rewarde their souldiers As if I wished them not larger pay and w ih honester conditions And as if they did vse to reward their men or that belonged to them it is the General that should do it vpon their report not they When a Citati milites nominatim stipendium ad nomen singulis persolutum Liu. 28. Scipio paide his souldiers in Spaine euery man receiued himselfe his due paye man by man Which was the continual practise of the b Stipendium praesens omnibus militibus dabatur Liu. 23. Romanes That I likewise confirmed by the example of Porsena the captaine of the Hetruscians who stoode by c Liu. 2. while euery man receiued his stipend Guicciardin disputing and weying the causes why the Frenchmen in the expedition of Charles the 8. into the kingdome of Naples so easily preuailed alleageth this for principall that the Kings souldiers were payed by the kings Officers and not as the Italian vse was by the Captaines For which cause now at length also the Spaniard weary of this abuse appointeth certaine Officers to pay euery souldier according to the a They call them Pagadores moster roll and diuers controllers of these paymasters This I thinke to be the best meanes to remedy the want of pay the fraude of Officers the disorders of souldiers and coruption of false mosters whereby many Princes haue bene greatly abused are like to be further if order be not taken Before Pauy the b Guicciar li. 15 French king Francis had not halfe the number of souldiers that were vpon his moster bookes which was the principall cause of the ruine of the army and of the taking of the king as Guicciardin affirmeth The same was the ruine of the army of Iulio the 2. before c Guicciar lib. 9. Gemuolo and causeth many to presume further then reason thinking their strength greater diuers to detest warres the disorders are so great This I thought necessary to speake concerning pay more perhaps then some will like But the commiseration I haue of poore souldiers and detestation I had of disorders that haue happened vpon this cause in the seruice where I haue bene and feare of worse haue extorted these complaints from me yet not to hurt any particular God is my witnes but generally to do my countrey good if I could to admonish those whom it concerneth to looke better vnto it hereafter CHAP. IIII. Part. 10. Wherein is declared that there is no hope of good successe in warres without a full army and force sufficient THose that know with what difficultie miserie Officers are wont to pay 4. or 5. M. men haue good cause to thinke it a matter very difficult to mainteine 30. or 40. M. and many percase will wonder what I meane to perswade the leuy of a full army seeing the vnwillingnes and vnreadines of this age in sending forth and furnishing any small number of men But notwithstanding the imagination of the first or wonderment of the second both the lawes and practise of armes doeth teach vs that to obteine victorie and to subdue our enemies a iust and full army must be employed and that small numbers of men doe rather feede the warres then end them rather anger the enemy then hurt him The Lacedemonians before the Peloponnensian warre consulting with the oracle by what meanes they might best preuaile against their enemies receiued this answere that the meanes to ouercome was to vse a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid. 1. their full strength For if an army be a perfect body as the Athenian captaine Iphicrates was wont to say it must haue the iust proportion of partes and iust complement or els it will be monstrous and not able to doe the actions exspected of such a body The Romanes therefore as in other things so in this excelled that they neuer dealt with any enemie but with a full army If the power of the enemie were great they employed a Consulare army consisting of 4. legions of citizens beside the aide of their associates if lesse they vsed but two legions with the ayde of their friendes The greatest force that they vsually employed were two Consular armies ioyned together The number was diuers as the legions were greater or lesser full or imperfect but their greatest force amounted not past to 50. thousand their middle to 24. thousand their least to 12 or 15. thousand or thereaboutes Lesse number I doe not reade that they vsed in any seruice and therefore proceeding with sufficient force I maruell not if their successe were according It is the vse of all nations neither the French in their expeditious into Italy nor the Spaniard into France or Italy vseth to send lesse then a iust army The Duke of Alua beside 12. or 13. M. Almaines and those of the Low countries brought with him 9000. Spaniards and Italians when first he came into that countrey It is no good nor profitable course to send 4. or 5. thousand against what soeuer enemie If to famish they are too many if to fight too fewe Double that number is neither able to keepe the field nor to besiege any citie nor almost able to doe any enterprise of warre vnlesse it be to defend some place for some fewe dayes in the end to giue it ouer being in despaire of succour Our proceedings in France Flanders if mother reason wil pes wade vs may teach vs that this number is too little the effectes doe declare my speach to be true The b Thucid. 1. Lacedaemonians so long as they sent small numbers of men against the Athenians could doe no good against them but did hurt to themselues Small force doeth rather nourish and kindle the warres then extinguish them euen as a fewe drops sprinckled on the fixe doeth make the same to burne more bright and as much water powred on the fire doeth quench the same so a sufficient army maketh an end of brawles or at least bringeth them to triall Nay further a sufficient force doeth not only worke greater effect but also is lesse chargeable then warres made by these slender supplies It may percase seem a paradoxe to some but reason experience doth proue it true These warres of our times they haue no ende but where a sufficient armie goeth there is an end eyther one way or other There is no end of charge in lingring warres in these if the armie preuaile the victorie mainteineth the same if it be ouercome then is there an end of that armie and charge The burthen is onely in the setting of the same out and mainteyning of it in the meane while But will some say the hazard were great Let
cowards and disorderly persons 21 In the last Chapter for that our souldiers are for the most part raw and ignorant and would haue things expressed and taught them plainely I haue gathered together certaine militarie orders some concerning religion manners others concerning especially tending to the common safetie of the state armie or garrison or els concerning the speciall dueties of captains or common souldiers others respecting the campe or towne of garrison others specially belonging to sea causes and aduentures at sea others to the Officers of the army or fleete others concerning booties spoyles and prisoners and some concerning the execution of lawes and administration of iustice out of which I would haue so many as are fitting for the seruice in hand to be chosen out and put in writing and proclaymed openly and deliuered vnto euery captaine or colonell that euery man may vnderstand some part of his duetie and what punishment is due for his offences These things I haue for thy sake not without great labour brought together and layde foorth in this forme which I haue declared Reade them therefore with indifferencie and weigh them with iudgement and say not this can not be so for I neuer sawe it the authoritie is drawen from those which haue seene more then thy selfe and standeth vpon better reason then without experience thou canst imagine if thou allowest and likest my reasons followe them and vse them if not yet proceede not against reason my only desire was to profit my countrey and to content and profit thee other boone or reward I craue none but that I doe not receiue at thy hands disgrace for my diligence nor reproofe or scorne for my good will which because common humanitie forbiddeth me to feare I will bid thee a dieu and begin to addresse me to my purpose ¶ The right practice proceedings and lawes of Armes CHAP. I. What causes make warres iust or vniust and what are the effectes of lawfull warres and what solemnities or circumstances are to be considered in defiance of our enemies and first attempts of warres IT is needelesse as I suppose to dispute whether it be lawfull either for Christian Princes to make warres or for christians to serue in warres Those that thinke it vnlawfull as men deuoyd of iudgement in religion and state are declared long since to be both heretical and phrenetical persons The lawfulnes there of is apparent for that most godly and religious princes as Iosuah Dauid Iehosaphat Iudas Macabeus were great warriers their warres so allowed that the spirit of God calleth them the warres or battels of the Lord neither was the same altered by Christes comming as the Anabaptists dreame The holy a Rom. 13. Apostle sheweth that the Magistrate carrieth not the sword in vaine But he should carry it in vaine if hee might not as lawfully repell publike force as he may punish therewith priuate wrongs Iohn Baptist when the souldiers came vnto him he exhorted them not to giue ouer their manner of liuing but to content themselues with their wages to do wrong to no mau b Act. 9. Cornelius the Centurion notwithstanding his souldiers profession hath a notable testimony of the holie Ghost to be a man that feared God and if he had not beene such hee had not receiued the holie Ghost The true seruants of God sayth S. c Ad Bonifac. Augustine make warres that the wicked may be restrained and goodmen be relieued Beside this what state in this notable corruption malice of mens nature could endure any time if warres against violent persons were vnlawfull without warres who can warrant vs against spoyle and iniury it is the law of nature and nations that putteth weapons in our hands for our defence without warres ciuill lawes against rebellious subiects cannot be executed and so should remaine without edge S. a Ambr. de offic Ambrose saith that it is the office and parte of iustice by warre to defend our country from the enemy our confederates and such as by reason of their weakenes neede our aide from spoylers and oppressors Wherefore taking this as granted that some warres are lawfull let vs proceede to examine what those things are that giue vs iust cause of warres which is a matter much to be regarded vnlesse we will be accompted among those tyrants that rage and vexe men without cause If the cause of him that warreth be good the issue cannot be euill saith b Bern. de nou mil. Bernard the c Frangit attollit vires in milite causa Ouid. cause as it is good or euill so either abateth and breaketh or whetteth the souldiors courage d causa iubet superos melior sperare secundos Lucan and good and iust causes make men hope ro receiue fauour of God in the issue and triall e Euentus belli velut aequus iudex vnde ius stabat ei victoriam dabat Liui. 21. the euent oftentimes is according to the iustice and qualitie of the cause and f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eurip Electr. seldome do they returne in safety that go forth to draw their swordes in euill quarrels Dionysius of g Lib. 2. antiq Halicarnassus sayth that the Romanes therefore preuayled for the most part for that they enterprised no warres without iust causes contrariwise the h Ius in armis ferebant Liu. 5. Gaules which accompted that iustly gotten which they could winne with their sworde though otherwise very valiant receiued many great foiles for this cause as sayth Philip of i Phil. Com. li. 4. Commines Princes when they list to quarrel with their neighbors pretend honest causes although oft times vntrue The French that with some colour they might receiue such as in Gascoigne or Guienne rebelled against the kings of this realme suborned certaine Gascoignes and Poicteuins to complaine of vniust taxations made by the English in the dayes of Edward the third and Richard the second And Lewis the eleueuth of France instigated certaine rebelles to complaine of k Philip of Commines Charles duke of Burgundie that vnder colour of doing iustice he might with more reason inuade his territories These pretenses shewes make great disputes betwixt princes and states while euery man will seeme to make his cause good and to do nothing without iust causes Let vs therefore now consider what causes are sufficient to iustifie the taking of armes what are counterfeit and insufficient First it is lawfull to vse â—orce and take armes in defence of our country true religion our goodes or liberty a Hoc ratiodoctis mos gentibus feris natura ipsa praescripsit vt omnem semper vim a corpore a capite a vita iua propulsarent Cic. pro Mil. Reason teacheth the learned and custome instructeth all nations thus much which euen the instinct of nature printeth in wilde and sauage beastes that it is lawfull to repell force offered to our life to our person and the
state with force and by what other meanes wee can Most iust cause therefore had the Romanes to make warres vpon the Gaules vpon Annibal vpon the Daues and other barbarous nations that came to take away their country from them like cause had the Greeks to withstand the Persians other barbarous people that by armes would haue conquered them and depriued them of their country and liberty the same cause did the ancient Britons defend against the Romanes Saxons Danes and Normans though not with like successe And seeing of late time the Spaniard came vpon our coast with fire and sword menacing the English nation with all the calamities that follow such inuasions I thinke no man will deny but we haue iust cause to put on armes in defence of our countrey religion liues liberties and lawes in this case not onely our cause is iust but the warre is of necessity to be vndertaken which greatly helpeth the iustice of our cause for as the captaine of b Iustum bellum quibus necessarium pia arma quibus nulla nisi in armis relinquitur salus Liu. 9. Samnites said in like case that warre is iust whereto we are inforced and with good consâ—â—nce may we take armes when there is no safety for vs but in armes It is likewise lawfull to represse pirats and publique robbers by force of armes if they will not yeeld themselues to be tried by order of common iustice They are enemies of peace ciuil gouernment and by the lawes defyed and proclaimed as publike enemies of states their bodies may be taken and their goodes spoiled as in warres with other nations The warres made by the Romanes against Spartacus who assembling a mutinous route of rebelles and hindred al trade was iust and necessary in this c ff de iust iure L. fureÌ„ ad L. Corn. de sicar L. itaque case because such do rise and assaile vs vpon a sodaine the law of nature giueth warrant of defence without publike commandement or commission neither is it onely lawful to cleare the sea of pyrates but also honorable d Thucid. Minos made his name famous for that he cleared the sea of pyrats and opened the way for marchants which fact also procured great commendation to Pompey the Great Moreouer if our country be wasted and spoiled and our goods taken away by forreiners it is lawful by force and armes to seeke for restitution if otherwise it cannot be obtained Tully a Quod rebus repetitis geritur offic 1. accompteth that warre iust that is made after demand of things wrongfully taken vniustly deteined these quarrels often fal out betwixt borderers the b Romulus Albanis bellum in tulit quod eorum dictator nollet res raptas reddete Dion Hal. lib. antiq 3. Romans for this cause made diuers roades vpon the Sabins Volscians Albans and others their neighbors Tullus Hostilius had no other causes of his warres against the same people This hath bene the beginning of many contentions betwixt vs and the Scots of the warres betwixt the c Liu. 1. Romans and Sabins there was no other cause but the spoile of the Roman marchants among other causes of the third warres of the d Flor. Epir. Romanes against the Carthaginians the taking of certaine shippes and spoiling of certaine Marchants is alledged as principall The Switzers beganne their braules with the Duke of e Phil. Commin Burgundy for a loade of skinnes taken away by the Countie of Romont likewise it is where at a sodaine roade our goodes are spoyled or driuen away and deteined from vs. for which cause the Romanes warred vpon the f TarquinieÌ„sibus rebus nequicquaÌ„ repetitis quod agrum Rom. populati essent bellum indictum Liu. 7. Hetruscians diuers of their neighbors Iust cause therefore haue wee also in this respect to make warres vpon the Spaniard that without destance of warre stayed our shippes and our marchants and spoiled their goodes were not mens minds â—â—oled and almost frozen with feare and age these iniuries would inflame them howsoeuer it is men ought not to stay vntill the flames of our country enflame them In this case those that first offend do giue iust cause of warres not those that seeke restitution by armes as is euident g Liu. 1. by the example of the Romanes and Albans where the first iniury being offered by the Albans made inst the cause of the Romanes Yet if things taken away be offered againe and satisfaction be promised to bee made for wrongs done it is not iustice nor reason further to prosecute the quarrel begunne it seemeth not reason saieth h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid 1. Archidamus to prosecute him by force that submitteth himselfe to order of lawe and commonly those that refuse reason when it is offered come afterward to wish they had taken it when they can not haue it The French disdaining and scorning the great offers made by the blacke Prince were shamefully by him ouerthrowne at the fielde of Poytiers The i Non suae redditae res non alienae accumulatae satis erant Liu. 9. Romanes refusing the satisfaction made by the Samnites receiued a notable disgrace being by composition disarmed to saue their liues at the streites of Caudium and Philip of Commines conceiueth that Charles duke of Burgundy prospered neuer the better for that he refused the humble submission and satisfaction of the Switzers desiring peace at his hands The iniurie that is done to the subiects redoundeth to the Prince and reproches and contumelies done to ambassadours and messengers returne vpon those that send them both these things minister lawfull cause for Princes states to take armes in hand The Romanes with sharpe wars prosecuted a Appian Alexandr Mithridates for that by one generall proclamation he had caused diuers of their people to be massacred in Asia the same cause armed them against the Latines and Volscians The Volscians againe inuaded the Romans for that reprochfully their people were commaunded out of the Citie at the time of their b Liui. 3. publike games The Heduans rebelled against Caesar vpon c Caes bel Gal. 7. conceit of some wrong offred to their people in the campe of the Romanes And among al causes of warres betwixt Princes this is commonly inserted for one that either their subiects are slaine or wronged as appeareth both in the beginnings of the Romane warres against the kings of Macedonia and also against the people of Carthage and the same was the common pretense of the d Froissart French to inuade vs when we held Gascoigne Guienne and Normandy Yet more neere doth it touch a Prince when his ambassadours are violated forasmuch as that iniurie is thought to be offered to his owne person Therefore did Dauid warre vpon the children of Ammon for the villeny they offered his ambassadors The shamefull reproche which the Corinthians offered the Romane ambassadours was the cause of
the warre betwixt the Romanes and them and of the sacke of Corinth Friderick Barbarosse for a scorne offered him by them of Milan besieged and tooke their Citie the first quarrell betweene the e Liu. Romanes and Veians grewe vpon a proud answere which the Veian Senate made And deare it cost the Rhodians that taking part with Perseus they abused the Romanes in their insolent termes The slaughter of the Romane ambassadours was the first cause that moued them to warre vpon gentius-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
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
argoletiers are to take heede that they come not neere the lances of the enemy lest they make holes in their horses sides if no worse Where the enemy is in disorder there al sorts of horsemen may do seruice At Cerisoles after that the shot had made way in the enemies battell the French entred with their horse among them and ouerthrew them Pikes are the onely defence of footemen against horsemen if they be taken in plaine ground Yet doe I not thinke it good that there should be such numbers of pikes in our armies as is vsed For that vse excepted which I spake of I see no other great profite they haue For execution is seldome doone by pikes Sometime I grant pikes do charge other pikes but it is not the piquier that maketh the slaughter In woodes and shrubbie or brushie groundes these kinde of long weapons are vnprofitable and vnweldie The Germanes by the disaduantage of their long pikes d being taken in such ground were ouerthrowen by Germanicus and the Romane targettiers In straites likewise when souldiers come to lay handes and haue prize ech on other long pikes cannot a Longae hast 〈◊〉 in syluis inter virgulta non tam aptae quam pila haerentia corpori tegmina gladij Tacit. 2. not be a Nec minor Germanis animus sed genere pugnae armorum superabantur cum ingens multitudo arctis locis praelongas hastas non protenderet nō colligeret Tacit. annal 2. managed as the experience of the Romanes fighting against the Germanes and Macedonians armed with long weapons teacheth vs. Further the assailants in assaults of townes and forts haue small vse of them For there is no vse of horsemen there greatly against which pikes are good neither do the defendants greatly vse them saue in the breach Pikemen are too heauie armed to pursue others and without shot they cannot well garde themselues either against shot or targets At Muscleborough field a fewe shot opened the Scottish squadrons of pikes for those that folowing after inuested them And likewise did the French arquebuziers at Cerisoles deale with the lancequenets among whose battelles making lanes they gaue entrance to the horsemen that presently charged them And so little defence there is in that weapon that not onely the Biscaine buckelers entred within them at the battaile of b In the dayes of Lewis the 12. of France Rauenna where they made a foule tailliada and slaughter but also the Counte of Carmignola dismounting himselfe and his company entred among the squadrons of the Switzers pikes and cut them in peeces in an other encounter in Lombardie The Romanes dealing with the c Sarissae Macedonicae Macedonian pikes both in the warres with Philip and Perseus kings of Macedonia and of Antiochus king of a great part of Asia neuer feared to enter vpon them with their targets nor made reckoning of that weapon And not without cause For who seeth not the strength and effect of the pike being in the point that as soone as targettiers or other armed men enter among pikes the piquiers throwe downe their pikes and take them to their other weapons the Portugalles did perceiue by the experience of that fight with the Moores where Sebastian their king was slaine that fewer pikes would haue serued and other weapons done better effects The Switzers that are for the most part piquiers will not march anie whither without their companies of shot attending on them for their garde At Moncontour the Almaine piquiers abandoned of their shot were miserably shot to death most of them For this cause I would haue onely so many pikes as woulde serue for the defence of the army against the enemies horse The Frenchmen haue but ten pikes to euery companie of shot which is too little yea and sometimes they haue no pikes at all But he is abused that maketh the French precedentes and examples to followe in any practice of warre The first rankes of pikes woulde bee armed with corsalets of caliuer proofe on the breast from the twelfth ranke backeward and inward it is sufficient if they haue anie armes or iackes of male Brassats and other peeces of armes except the head-peece gorgeron and corsalet I thinke to be more then they can eyther wel march with or fight with The Frenchmen in time past had some called a Cruppellarii cōtinuo ferri teg mine inferendis ictibus inhabiles dolabtis securibus à Romani◠caeduntur Tac. 3. Cruppellarii by Tacitus that were armed as they saie de cap en pied at which the Romane souldiers laughed For that they were vnable by reason of the weight of their armes eyther to strike the enemie or to defend themselues Therefore did they hew them downe with billes and pollaxes The pike I would haue if it might be of Spanish Ash and betwixt twentie and two and twentie foote long and by his side euerie piquier would haue sword and dagger and a dagge at his girdle especially in the vtmost ranks The number of targettiers I woulde haue encreased Not onely of such as haue targets of proofe which are vsed of those that stand in the first rankes but also of those that haue light targets These would be made of wood either hooped or barred with yron It would be three foote and a halfe in length for that was the measure of the Romane shield two foot a half in breadth in forme ouall A kinde of armes now disused but most excellent in all seruices saue against horsemen in the plaine field Against archers targets are a sure defence and dangerous to the enemy after that men come to close b Liu. 27. Scipio with his targetters cut the Carthaginian archers and slingars in peeces c Romani tela densatis excipiunt scutis Liu. 28. Targets are a good defence against stones in an assault and whatsoeuer is throwen from hand The same are very effectuall against shot A small number of targetters if once they come to reach shot with their swordes put great numbers of them out of the field Put case that some come shorte yet sure not manie considering that onely the first rankes of shot can discharge and that all doe not hit and few mortally especially if the first targets be of proofe and the men march resolutely to the charge Neither can shot retire where many of them are in the field nor saue thēselues in any place but targetters wil come to them Targetters also are mortall to the pikemen as not onely the Romanes dealing with the Macodonian and Germane pikes but also the Biskaines with their bucklers in the battell of Rauenna and Cirignola declared Targettiers in execution are singular and ready and light if their targets be light in following the chase They may be vsed in all seruices and all groundes In assaults of townes and in sallies in fighting in open field and in streites in woodes and in hils in retraites and in chases there is
is to send Colonies of the English nations into the country conquered But forasmuch as both garrisons and sometimes greater forces are required for defence of it the rentes of diuers cities countreys and grounds are that way to bee imploied And to this end the fruits of the roialties are to be conuerted and corne and prouision to be laid vp in storehouses The Romanes taking that course did in all places where they commaunded finde meanes to maintaine their armies without anie great exactions yea oftentimes the fruites of the countrey were so great that beside that charge there came much to the publike treasurie Charles b Guicciard lib. 1. the eight of France hauing conquered the kingdome of Naples and diuided the roialties yea and the publike store among his Fauorites when neede required had almost nothing to maintaine his armie and therefore as vnwoorthie of so good happe presently lost the same agayne Xenophon in the consultation of c Xenoph. Cyr. paed 2. Cyrus and Cyaxaris sheweth that for maintenance of the warres and of countreys vanquishe an armie must bee maintained and that an armie cannot bee maintained vnlesse the reuenues that maintaine it be certaine and continuall That lesse force may serue such as giue suspicion of reuolt are to bee disarmed so a Herodot Cyrus vsed the Lydians The Romanes likewise would not suffer such as were their subiects to b Liu. 8. arme without their commandemeÌ„t Futhermore those that are like to prooue heads of factions are to bee remooued out of the countrey for seldome doe the common people mooue vnlesse they be stirred by factious heads The Romanes hauing conquered the countrey of Macedonia and conuerted it into a prouince for more assurance of peace brought away with them the last c Regis amicos purpuratos ducésque exeâ—cituuâ—â— praefectósque nauium Liu. 45. kings friends and Fauorites and all his captaines both of his armie and nauie and likewise men of apparence and qualitie If so be time or sicknesse doe decaie our forces the same are to bee supplied in time that the rebellious take not occasion by our weakenesse to make stirres For want of this consideration in time past we lost our conquest in France and all that want it cannot chuse but loose For the rest if the gouernours of countreys newlie conquered be carefull and watchfull trust no man without cause vse equalitie in taxations and do good iustice against raueuours bribetakers and rebels they need not feare rebellion if they doe not all force that may bee vsed will not long serue to keepe them in subiection The d Liu. Priuernatians desiring peace of the Romanes and offering to yeeld themselues being demanded how long they would keepe it answered plainelie that if the conditions were reasonable long if vnreasonable and vniust no longer then they were forced For no people can long like of a gouernement wherein they are spoyled vexed iniuried and to say all in one worde pilled and tyrannised CHAP. XV. Containing a discourse concerning the meanes whereby an armie that is foiled or feareth to fight may most safely retire and how the enemie in folowing the course of his victorie may be stopped HOw an armie that is strong in the field may safely march fight with aduantage and vse the victorie I haue spoken sufficient But because the successe of a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 warres is doubtfull and Mars as Poets faine fauoureth b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 now one then an another To perfite this discourse it remaineth that Ialso declare how when blastes of winde blow contrary wee may either retire from the enemie that seemeth to haue prise and fast hold on vs in marching or fighting or els stop his course that hee proceed no further or els our selues gather new forces It is a matter very difficult for an armie that is broken to rallie it selfe and depart without vtter discomfiture where the enemie knoweth it and vseth his aduantage For nothing can be more hardly remedied then feare and disorder of the multitude if once it enter throughly or the enemie followeth speedilie If the enemie giueth vs respite or our forces be not altogether broken the meanes to saue the rest and succour those that retire are these First if there be any ground of aduantage in the place the same is to bee taken with that part of the armie that remaineth intire which diuided into squabrons may receiue their owne people flying within the distances and repell the enemie from the higher ground In the meane while those that are in disorder are to be brought into order agayne behinde those squadrons The c Vulneribus defesti pedem referre quod mons suberat circiter mille passuum eò serecipere coeperunt Caes bel Gal. 1. Heluetians beyng wearried and foyled in the fight with Caesar retyred to a hill hath by and there making head saued the rest The forragers sent out by Cicero at Vatuca being charged by the Germanes retired and defended themselues well as long as they kept on the higher ground At d Caes bel Gal. 7. Gergouia when Caesars men pressed by the enemie and briuen from the higher ground began to flie hee succoured them and staied the enemies pursuite by placing other squadrous at the foote at the hill with whom they had no courage to encounter Neither did a Antonius cum cohortibus 12 descendens exloco superiore cernebatur cuius aduentus Pompeianos compiessit nostróque firmauit Cael de bel Ciu. 3. Pompeyes men that chased Caesars souldiers at Dyrrhachium pursue them after that they once saw Antony comming with succour from the higher ground If there be no higher ground neere to retrait vnto the next course is for those companies that are pressed to retire within the distances of those squadrons that stand firme For this cause the Romanes did alwayes so range their battels that the squadrons of the first battell might retire within the squadrons of the next and both be releeued within the squadrons of their last In the encounter at S. Clere Anno 1569 where the Kings Auantgard fled the same was succored by the battell that followed which so charged the Protestants that pursued it and draue them downe the hill that if the Lansquenets that stoode at the foote of the hill had not stoode firme many of them had there bene cut in pieces That aduantage which the higher ground giueth the same a deepe trenche or thicke hedge or a straite like wise affordeth so that if our squadrons that stande firme be there placed the rest that are discouraged may runne behinde them and take breath The Romanes retiring oft times within the fortifications of their campe haue there againe made head against the enemy and saued themselues If neither the place where the army is ordered nor the ranging of our battels do admit any such retraite the last remedy is to auance forward either our horsmen or some firme squadron of
wherewith other small cities were so dismaid that they submitted themselues paid such tribute as he imposed on them and translating the warres into Italy he beset and tooke c Taurinum caput gentis expugnat Liu. 21. Taurinum the head city of all the countrey at the foot of the Alpes which made all the townes thereabout to yeeld themselues The Athenians inuading the Iland of Sicile made the attempt against Syracusae being the head city of the countrey first which course both the Carthaginians and Romanes in the Sicilian warres pursued The prince of Parma in the siege of of Antwerpe had like respect and reasons to make him begin there for commonly all the countrey doth follow the condition and proceeding of the capitall city Lautrec in the enterprise of Naples spending time in taking paltry townes by the way when his purpose was to go directly to the siege of Naples did tire his army spend his men and loose time which the enemy spent better in arming himselfe In our iourney to Portugall many do likewise mislike that setting our course for Lisbone we turned aside to Coronna which was no small hindrance to vs and helpe to the enemy In besieging of small townes there is often as much labour and cost as in greater and little or no gaine Those therefore that when they may goe to the head are paltring about small townes or castles are like vnskilfull souldiers that whē the hart lieth open without defence are still striking at the hand or foot but if our force serue not to besiege the strongest towne of the enemies countrey yet before we sit downe before any towne let vs see what commodity we may get by taking it Scipio considering that new Carthage in Spaine was a fit port for ships and the store house of the enemy and a place where his treasure and hostages lay did begin the warres with the siege of that towne Annibal made many attempts against Nola and Naples for the desire he had to haue a port in Italy that lay commodiously against Afrike failing of these at length he got Tarentum and Locri. For the same cause he made reckoning of Salapia for it lay conueniently in the midst of the country and was very commodious for the conueyance of victuals to his army King Edward the third after his victory at Cressi sat downe before Caleis for that it was a commodious port for his enterprises against France Those that spend great labour in winning paltry hamlets as did the French king that was also king of Poland in the winning of Liuron in Dauphinè although they winne the place yet winne nothing but repentance and if they faile scorne and losse Townes are taken diuers wayes viz. either by siege or by assault or surprise or by all or two of these ioyned together in euery of which the proceeding is diuers as the endes are diuers The end of a siege is to strait the towne so that either for want of victualles water munition souldiers hope of succour health or other commodity the same be driuen to yeeld The end of a surprise is slily to enter the towne without knowledge of the enemy The end of an assault is to force the enemy to giue vs entrance This diuersity of endes may teach vs both what to do and what to auoyd The end of sieges being to force the enemy to yeeld for want we are to vse all deuices and meanes to make him spend his store and to increase his want Alexander king of a Liu. 7. Epeirus hauing a purpose to besiege Leucadia suffered all the countrey people that would to enter the towne that they within might sooner spend their victualls When they of b Caes de bel Gal. 7. Alexia besieged by Caesar began to send out women and children and aged persons such as onely serued to spend victualles they could not be suffered to passe The French king that now is did otherwise in the siege of Paris an 1590 mooued with Christianity and pity but the practice of warre required rather rigour in that case In c Non facile est simul misereri sapere which hard it is both to shew mercy and wisedome together Where the defendants are not more politike then ordinary there the assailants may also by false shewes and fained escaladaes make them spend their powder in vaine In these late troubles of France while the braue souldiers within a certeine place shotte all the night at certeine matches conueyed from place to place and at an asse or two that made a stirre in the towne ditch in the morning they began to yeeld for want of powder Caesar by a d Caes bel Gal. 8. mine comming to the vaines of the spring that serued Vxellodunum tooke away the water from the towne and so forced the same to yeeld e Thucid. 1. Megabazus besieging the Athenians in the Iland Prosopis in Aegypt by a deuice turning away the water that ran into the hauen where their ships lay set their ships drie and gaue entrance to his men tooke away all escape from the enemy whose ships were on ground The towne of Chartres in France had likewise for want of water and other necessities bene driuen to great straits in the siege an 1568 the Protestants turning away the riuer out of the channell but that by conclusion of peace the siege was broken vp shortly after Caesar by keeping Pompey in a short compasse of ground by his entrenchments had almost famisht all his horse in which consisted his speciall strength Which gard and diligence if the Protestants anno 1569 had vsed in the siege of Poitiers they had not onely famisht all the horse of the enemy but otherwise hurt him but they did not so much as barre the wayes much lesse other ground so but that he sallied at pleasure There are two meanes principall to stoppe the towne besieged from victuals and things necessarie the one of which must necessarilie be vsed if wee meane to atchieue our purpose the first is to entrench the towne round about if it be a land towne if it stand vpon the water then to cast a banke about it on that part that is toward the land and with ships or boates to garde and stop the way to the sea or water The second is to barre the wayes and vpon all places of easie accesse to make in conuenient distances sconces or fortes The first is more laborious but very effectuall the second is easie but seldome taketh effect vnlesse time the weaknesse of the enemie doe helpe vs. Therefore was that course alwayes vsed of antiquitie this seldome vnlesse it were of such as either knew not what to doe or had not means to doe more The Lacedemonians besieging a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Thucid. 2. Platea cast vp a banke round about the towne the same they garded with turrets built vpon it in equal distances and least any might climbe ouer it they
that they be not easily filled a Duae legiones semper pro castris excubabant Caes bel Gal. 7. Caesar lying before Auaricum kept two legions alwaies ready in armes to defend his works against the sudden sallies of the Townesmen And such was his garde and watchfulnes in his sieges that albeit the b Caes bel Gal. 2. Aduaticans that were another time by him besieged presuming vpon his securitie had thought during the treatie of peace to force him to breake vp his siege by a sally yet he had men sufficient ready to repel them The Romanes neither in time of warre nor truce day nor night were so secure or negligent but that alwaies they kept good garde and watch Those that there in proceeded weakely or negligently haue endangered themselues bene oft times forced to rise without doing any thing Lewis the c Philip Comines 11 of France and Charles of Burgundy lying in the suburbes of Liege a towne by them besieged without either good watch or stronge garde or defence escaped very narrowly taking by them that sallied in the night out of the towne Amilcar d Polyb. besieging a towne in Sicily was taken in his campe by those that sallied out vpon him in the night which if his fortification had bene good or his watch diligent could not haue happened The e Thucid. 5. Athenians besieging Amphipolis lying without sufficient defence or watch were defeated by Brasidas the Spartan By like negligence succour victuals entred into Naples besieged by Lautreck into Poytiers besieged by the Protestants into Rochel besieged by the French king after the massacre anno 1573. Philip of Macedonia lying before Apollonia without suspicion or defence against the enemies sallies was forced to rise yea and to runne forced by the Townesmen aided by certeine Romanes Francis the French king was taken and his army defeated before Pauy by those that came to the succour of the towne which could not haue happened if he had laien within any sufficient trenches or had but well garded the waies and passages Trebonius lying before Massilia hauing his workes and engins almost destroied and fired by the Townesmen during the treatie of composition teacheth vs not so to trust the enemie at any time but that we haue a sure garde and diligent watch That is the onely remedie against sallies from within and succours from without Further as we are by this meanes to proceede against the enemy besieged so are we to take heede that by want or disorder among our selues we be not forced to depart with scorne Caesar sate downe before no towne but he knewe howe and where to haue victuals and all prouision necessary for a siege The a Capua obsideri caepta quaequeue in eam rem opus erant comportabantur Casilinum frumentum conuectū ad vulturni ostium castellum communitum vt mare flumen in potestate essent Liui 25. Romanes going to besiege Capua prouided corne and all things necessary and tooke such order that both by sea and land they had supplies cōming to them Caesar at the siege of Massilia caused al stuffe necessary to be brought into his campe neither victuals nor engins nor instruments to worke withall nor any thing was wanting In all sieges the Romanes proceeded very orderly both in their prouision and gouernment Their men lay dry in tents strong within defenses they had meate and victuals the sicke and hurt had reliefe But in our times and also in ancient time for want of gouernement in these cases many calamities haue happened and many sieges haue bene broken In the late siege of Rochel the kings souldiers for want of victuals were famished for want of things necessary and good gouernement sickenes grewe among them The same was the cause of the ruine of the army of Protestants before Poytiers of Lautrecks enterprise against Naples Charles duke of Burgundy lying before Nancey discontinued his battry for want of pouder in the meane while succours came that raysed his siege The siege of Charitè Anno 1569 was raysed because the Kings souldiers sate downe before it before they had sufficient prouision with them b Qu. Cur. lib. 4. Amyntas lying before Memphis was discomfited and driuen to raise his siege for that his men were ranging about the countrey when they should haue bene ready to defend their campe and repell the enemie The same error was committed by Francis the first of France before Pauy who suffring his men to disband and straggle abroade diminished his forces so that he was not able to resist the enemy that came vpon him In winter if that souldiers do not lye drie in their trenches and lodgings and haue fire the weather and season forceth them to rayse their siege This broke the enterprise of the English against Zutphan anno 1567. The same incommodities forced c Guicciard lib. 5. Caesar Borgia to rise from before Faenza well beaten with winter raine and foule weather Therefore ought wise Generals before they sit downe to besiege any towne to consider the time and to examine whether he hath sufficient force and prouision to effect such a matter d Multa magnis ducibus vt non aggredienda sic non deserenda Liui. 24. Many things are not to be attempted of wise leaders yet being once begunne are not lightly to be giuen ouer as Marcellus said The towne of Secca in the kingdome of Naples being besieged and not taken by the French assured that whole state vnto Cōsaluo as saith e Guicciard lib. 6. Guicciardine The checke we had at Coronna in our voyage of Portugall did not a litle discourage vs. a Perseuerantia in omni genere militiae maximè tamen in obsidendis vrbibus necessaria est quatum plerasque munitionibus ac naturali situ inexpugnabiles fame sitique ipsum tempus vincit expugnatque Veget. Perseuerance and constancie in euery action of warre preuaileth much but most in the sieges of cities as is euident by the great patience and constancie of Caesars souldiers in the siege of Auaricum and Alexia For many townes that by naturall situation are inexpugnable by hunger and thirst and want of things necessary are taken in continuance of time That the Generall may both prouide sufficiently and know perfitly how to encounter the enemy it is requisite that hee not onely haue intelligence of his proceedings within the towne but also of his succours comming without For that cause hee is not onely to haue his espials and discouerers abroade but also if hee can his intelligences within The b Guicciard succours that came to Florence were by this meanes defeated or euer they came neere The Generall ought alwayes to be watchfull yet shall these intelligences hurt him nothing That his victuals and prouision may come to him safely the Generall that besiegeth any place is to place garrisons in conuenient distances from his campe and to haue his horsemen to encounter such
opportunitie in taking Paris Next such places as seeme to giue most easie accesse are to be viewed chosen the ditche also is to be sounded if there be water in it least it be too deepe against that time of the night when men are most quiet our things are to be made ready the season that is most troublesome and darke is fittest for our enterprise sometime the state of the Townesmen giueth vs opportunitie to enter Syracusae was taken by Marcellus while the souldiers and Citizens lay drunke in one of their solemne feastes The Towne of Cales likewise was surprised by a Liu 8. Escalade vpon a feast day at night when the Citizens were most secure The Turkes vnderstanding the disorder of Christians in their carneuall we call it shrofetide chose that time to b Alphonso d' â—â—loa scale a strong Towne in Sclauony and while the Citizens lay sleepy and drunke entred the same Of all the times of the night and houre before the dawning of the day is most fit for surprises At that time of the night Fabius scaled c Liu. 24. Arpi Argentueil a Town in France a little before the dawning of the day was scaled and entred by the Protestants anno 1568. and by like surprise and about the same time they tooke also Vezelay For when men haue watched a great part of the night and looke presently to be relieued then are they most sleepie and negligent and after that the Towne is seased in the night the day presently appearing giueth vs meanes to assure it and settle matters Diuers not measuring of times nor duely considering these matters haue lost great opportunities Charles Duke of BurguÌ„dy by the d Philip. Com. shortnes of his ladders fayled of the taking of Beauuois The like ouersight as some say hurt our men in the scaling of Lieth in the beginning of the Queenes reigne The e Thucid. Thebans entring Platea in the night not being succoured according to their appointment were cut in pieces by the Townesmen in the morning Whether a man come too soone or too late all is one for if that in such cases there be not good direction execution and correspondence such enterprises commonly come to nothing A small error in this matter was the cause of the death of that valiant knight syr Martin Skinke and of the breaking of the enterprise against Neumegen Some haue had good hap to enter Townes by wayes not suspect as Cyrus entred Babylon by the riuer Scipio entred new Carthage by the lake which the Townesmen thought a matter impossible The Venetians tooke a Guicciar li. 10. Brescia from the French entring by a grate through which the riuer issued The ProtestaÌ„ts by a grate b Hist de troubl de Fr. li. 10. likewise entred Nismes an 1569. But they that followe their examples had need to vse like diligence speed They chose a blustring season a darke night those that entred by the grate slewe the watch and receiued their companions in at the gate other companies were ready to assure the Towne which they had seased There was good correspondence betweene all parties secrecie in proceeding resolution in executing Of late time posterne gates haue beene broken open some by gunpowder conueyed betweene boordes and the gate others by petars and so diuers Townes haue bin entred and surprised but the Townesmen must be very weake and negligent and the execution very speedy and secrete or else such executions seldome take effect After that the Towne is entred by surprise let them that are entred vse diligence and good order that they be not themselues either presently driuen out or soone after surprised Their course is first to assure themselues of the gates walles and rampars by placing sufficient gardes there and next to sease the market place and other open places with strong squadrons the rest of the companies are to beate the streetes and to sease such as canne make resistance against them Hauing beaten the Townesmen that themselues bee not beaten out they are to prouide both men victuals and munitions that which is in the Towne they are to saue and make store of it and lastly to set good order for the defence and gouernement of the place surprised Whosoeuer fayleth in any one of these pointes encurreth oft times no small danger The Thebans entering into Plataea and not assuring themselues of the gates or of the principall Townesmen before their weakenesse was espied were most of them slaine and the rest forced to leape the walles Alexamenus c Liu. 35. hauing slaine the tyrant Nabis and taken the Towne of Sparta while he should haue seased the walles and chiefe places and set order for the defence of the Towne him selfe spent time in searching out the tyrants treasures his souldiers in seeking pillage in which meane time the enemie gathering together some force charged him in this disorder and in a short space cut him and his companie in pieces In the late braules of France a Histoire de troubl de Fr. l. 5. Colombel hauing surprised Esscilles a strong Castle in the frontiers of Dauphinè lost the same within fewe dayes after for that hee had no care to furnish it with souldiers and victuals Bouley b Hist de troubl de Fr. l. 10. hauing after a long caualcade spoyled the Towne and Faire of Milly stayed too long in his returne which gaue the enemie leysure to sease vpon him and make him paye his life for that he had taken The Duke of Orleance hauing surprised c Guicciar li. 2. Nouara soone lost the same againe for that hee neither prouided more victuals nor saued those that hee found in the Towne nor set order for the gouernment of the place Which ouersight was the cause of the losse of Naples vnto the French king Charles d Guicciar lib. 1. the 8. for giuing away all the victuals that were in the newe Castle vnto one of his courtly beggars afterward when the Towne was besieged by the enemie his souldiers albeit they begged apace could not tell where to haue a bisket cake or other victuals By diuers other meanes Townes may be surprised as by men disguised in womens apparell or by souldiers disguised like clownes or by men hid vnder strawe in cartes Demetrias was surprised vnder colour of bringing home of a chief Citizen e Liu. 35. from banishment For while his friends welcommed him home some of his traine seased the gate which hee together with his company defended vntill certaine troupes of horse placed not farre off came to them But hee that knoweth these and howe to proceede therein can deuise more and may therein see howe to proceede If the Towne be strong and hard to be forced the safest way is to proceede by siege and surprise if in iudgement of men experiemented the Towne be weake and easie to be forced he looseth time that sitteth about it that by force may enter it Those Townes I accompt
Com. the 11. Charles duke of Burgundy betweene Edward the 4. the same Lewis and the associats of them two Peace or rather truce was made for 9. yeres the conditions on the French kings part were that he should pay certaine crownes that the Dolphin of France should marry king Edward the 4. his daughter and haue part of Guienne for the maintenance of the two yong married folks But other assurance then othe there passed none Thus the French could feede vs stil with faire wordes buy out our aduantage with a few crownes therefore litle regarded our forces The Carthaginians ioyning in league with Hierome king of Sicile agreed together that after they should haue expulsed the Romans out of Sicile they should diuide the country according to certaine limits agreed vpon betwixt them Like agreement passed betwixt Annibal Philip king of Macedonia concerning their future conquest In the meane time they both couenanted to oppugne the Romans both by sea and land with all their force The g Data vltrò citroque fide cosdē amicos inimicosque habituros iureiurando affirmatur Liu. 29. Carthaginians entred with Syphax into a stricter bond of friendship and both promised eche to other to haue the same for friends and enemies Sometime it falleth out that a mighty Prince or nation doeth for some opportunity or help expected ioyne in league with those that in power are inferior to them Wherein albeit the conditions be not equal vpon both sides yet the weaker neither paieth tribute nor looseth any commodity or liberty So the Romanes ioyned in amity with Attalus Eumenes and the Rodians and in Italy with them of Caere and other townes the Kings of England with the Dukes of Brittein the Kings of Spaine with some weake Princes in Italy In which agreements the weake side had neede to vse great caution that vnder colour of ayd it be not oppressed as the Dukes of Brittein by the French Sforza Duke of Milan by Charles the 5. the States of the Low countrey by king Philip and his Predecessors Dukes of Burgundy The Capuans made peace with Annibal on these conditions that no foreiner either in warre abroad or in peace at home should haue any iurisdiction ouer a citizen of a Liu. 23. Capua that no citizen of Capua should be forced to serue in warres or to beare office against his will nor should be subiect to any other lawes then those of his owne countrey Those that are either equall or inferior in force eche to other doe sometime ioyne in league defensiue sometime in offensiue also against such as are enemies to either and that either with all their forces or with some numbers of souldiers specified them also either payde of those that send them or those that vse them Some nations for feare of their enemies do yeeld them selues into the protection of others with certaine couenants as they b Guicciar li. 3. of Pisa did first to the French king afterward to the Venetians as the Duke of Ghelderland did to the French king In this case as the receiuer doeth binde him selfe to defend those that yeeld them selues into his armes so they either binde them selues to pay money or to do him seruice or to deliuer him vp certaine townes No mā is bound to refuse the protection of others vnlesse it be specially couenanted nay it is a dishonor not to protect those that are wrongfully oppressed much more to abandon those whom they haue takē vpon thē to defend c Guicciar li. 8. Lewis the 12. is taxed for his base minde for that he couenāted to receiue none into protectiō that were the subiects or did depend vpon Iulio the 2. And for that he much more forsook the lord of a Guicciar lib. 5. Piombino Likewise are the Florentins blamed for that they abandoned the house of Riarij at the request of the Pope Contrariwise the Romans in nothing deserue commendation more then that they defended all those that fled to them for protection And in nothing did they dishonor themselues more then in that they were so flow in succouring the Saguntins Neither doe Princes only free States couenant ech with other but also subiects with their Princes Princes with their subiects as the Arragonians with the Spanish king the Protestants of France with the French king Wherein if they proceede no further then to require ech of other that which the lawes of nations require it is more tolerable But that the subiects should prescribe lawes to their soueraigne Princes binde them to inconueniences it sauoureth rather of force then loyaltie and that Princes hestes should be obeyed against reason proceedeth of tyranny neither can any assurance be made of such agreements That couenants of peace association may be wel conceiued and made Princes others are dililgently to consider vnto whom they commit the managing of such affaires to furnish them with good instructions and those likewise are to haue regard that they passe not their commission instructions Without commission no man vnder the degree of those that rule in souerainty is to make peace or league The people of b Liu. Rome held not them selues bound with the treaty made at Caudium or Numantia being made without their autority Princes in the choyce of Ambassadors do respect Nobility are led sometime by fauour but the euent sheweth that wisdome experience vertue are rather to be regarded c Phil. Commin Lewis the 11. sent Oliuer somtime his barber to them of Gant and to the yong Duchesse of Burgundy but the man was heard with scorne and returned without effect Ambassadors and messengers betwixt Princes States are priuiledged by the lawes of all nations insomuch that among the points of weapons such men are suffered to passe safe The Romanes not onely reuenged sharply the death of their Ambassadours slayne by the d Liu. 4. Fidenians and e Florus Illyrians but also the scorne done vnto them by them of Corinth f 2. Reg. 20. King Dauid warred vpon the children of Ammon for no other cause but for an abuse offerd to his messengers g Phil. Comm. Charles Duke of Burgundy put all the garrison of the Castle of Nele to the sword for that they killed his messenger sent to them to treat with them of peace And albeit some do patiently digest al abuses offred to their messengers by the Spaniard who deigned not to giue thē audience yet the Romans a Liu. 42. tooke the matter very heinously at the hands of Perseus king of Macedonia The death of b Quò diligentiùs in reliquum tempus ius Legatorum à barbaris conseruaretur omnem senatum Caesar necauit reliquos sub corona vendidit Caes bel gal 3. Caesars messengers sent to a city vpon the sea coast of Frauce cost all the chiefe of the citizens their liues The rest of that towne Ceasar sold
for slaues If any of the Romans did wrong to the Ambassadors of other nations the Senate caused such men to be taken to be deliuered vnto them that they might iudge them as it pleased them selues as is apparant not only by iustice done vpon those that did iniury to the Ambassadors of c Qui Legatos Carthaginensiū pulsauerant Carthaginensibus traditi Liu. 38. Carthage but also vpon those that had wronged certaine messengers comming from d Val. max. l. 6. Apollonia Tatius neglecting to do iustice vpon those that had wronged the messengers of the Laurentins was him selfe e Liu. 1. slaine of them when he came among them But this priuiledge as it belongeth to Ambassadors betwixt Princes nations so f Bodin de la repub l. 1. some haue supposed that it belonged not to such messengers as come from rebels And thereupon defend the fact of Charles the 5. that imprisoned the messengers of the Duke of Milan that had reuolted from him And according to this supposall we vnderstand that hard measure hath bene offerd to diuers messengers sent from the Protestants of France to the aduerse party As if Princes should make warres with his subiects with all extremity and not admit the lawes of nations in matters which passe betwixt him and thē I graunt there is a great difference betwixt publike enemies rebels yet necessitie requireth oft times parley and if the Prince looke to haue his Ambassadors to haue good interteinment with them hee must likewise vse their messengers wel The Romans practiced that in the warre which they had against their g Bello sociali associates and did not offer violence to those which were sent by Antony yet there may be I graunt such warres that admit no entercourse of messengers which in the warres among the h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Greekes was sometime practiced but that was inhumane cruelty and rather hurtfull to them selues then to the enemy Yet if any purpose to enioy the priuiledge of Ambassadors hee may not passe the bounds of an Ambassadour whose ordinary office is to denounce warre or treate of peace or truce or prisoners and such matters as by Ambassadors are ordinarily handled If Ambassadours come vnder that colour to espie our proceedings the name of their office doeth not warrant their lewd dealing Caesar a Caes bel gal 4. deteined the messengers of the Tenctherians perceiuing that they came for no other purpose but to winne time and to espie his forces The blacke b Froissart Prince caused a messenger that came from the French king to cite him to appeare in the Parliament of Paris to be arested but it was for that he came not as an Ambassador in matters of state but as a somner or bailif to doe him a disgrace Francis the French king the first of that name caused a gibet to be erected before hee woulde heare a certaine messenger that came from Charles the fift fearing that otherwise hee woulde haue abused him in termes That the Romanes did dismisse the c Lin. lib. 2. Ambassadors of Tarquin broching a conspiracie in Rome and the Ambassadors of the d Dionis Halic lib. 6. Volscians that came as espials and that her Maiestie did likewise dismisse Bernardin Mendoza that was an abettor if not a contriuer of great treasons wrought against her it was of speciall clemencie and fauour rather then for that the lawes of armes require it for they warrant none to practise treason nor rebellion nor to abuse a Prince nor to do other matters then belong to the office of Ambassadors The e Doctores in L. vlt. ff de legationibus Lawes of the Romans in matters of publike crimes against the lawes of nations make ambassadors to answere notwithstanding their priuiledge Neither doe any writers excuse the fact of Fabius Ambustus that being sent in ambassage to the Gaules besieging Clusium put on armes and fought against them Thus we see that Ambassadors comming from other Princes vnto vs in such matters as belong to that office are priuiledged but whether our enemies ambassadors going to other princes and nations or contrariwise comming from other princes to our enemies are likewise to be priuiledged it is of some doubted The French complaine that their ambassadors sent to the Turke were slaine by the Spaniard and some do thinke hardly of the fact of Charles the fift that allowed it but without cause For the word Ambassador or Messenger being a word that hath relation to those to whō a man is sent there can be no bond betwixt Ambassadors others to whom they are not sent The Romanes deteined not onely the ambassadors of Annibal sent to Philip king of Macedonia but also Philips ambassadors sent to Annibal And the Athenians put the ambassadors of the Lacedaemonians to death being taken as they were sent by them to require ayde of the king of Persia against the Athenians Ambassadours therefore woulde be well chosen and discreetely ought they to handle their businesse without curious intermedling with affayres that concerne them not Tully iesteth at a certaine Ambassade consisting of three persons one of which was an idiot the second had a great scarre in his head the third had the gout This Ambassade sayd he had neither head brayne nor feete nothing ought they to speake that may preiudice the affaires of the Prince wherein Philip of Comines noteth a certaine English Heralds ignorance whose foolish babbling was no small hinderance to the affaires of Edward the fourth that sent him Charles Duke of Burgundy conceiued great displeasure against Lewes the xi for certaine foolish a Phil. Comin wordes vttered against him by an Ambassador sent from the king to his father The Romanes to the Ambassadors of their enemies gaue audience without the Citie and when they had giuen them their answere sent certaine to conduct them to their shipping to see that they practised with no man The like course did the Athenians followe in hearing and interteining the Ambassadors of the Lacedaemonians Which course they may also folow that feare least vnder such colours cunning fellowes should espye our countrey and our doings And if those that haue the gouernment of garison townes haue care that no messenger shall come into the place but blindfold sure reason would that men should haue an eye also that such messengers as come into other countreys should neither see so much as they doe nor haue that libertie to talke with whom they list as now they haue For by such meanes often time they vnderstand their estate better then they doe themselues CHAP. XXI Wherein is declared that to encourage forward men to doe valiantly nothing is more effectuall then reward nor for maintenance of militarie discipline any thing more requisit then seuere punishment THe course of warres if nothing els did perswade vs yet sheweth vs that after victorie obteined or troubles ended such as haue done valiant seruice are to be
the seruice of God among souldiers nor haue made any allowance for the Ministerie among them In so much that in some garrisons in the low Countreyes souldiers haue liued almost without exercise of Religion and in campes without any due exercise of the same This first gaue me occasion by this lawe to excite their care and the care of Generals and captaines both for more deuotion in religious exercises and also for better meanes If there were to euery two Regiments one or two Ministers allowed it were a very commendable course The Papists haue their priestes in their armies nay the very heathen had their exercises of Religion but in our times those that are most curious are in this point least carefull and religious c Que ningun sâ—ldado pâ—nga las manos en ningun sacerdote o religioso ni le tratarè mal'de palabra so pena de ser castigado ala calidad del delicto Sanch. de Lond. The Spaniards vnto euery tertio or Regiment haue diuers Priestes whom they haue in great estimation and punish those that doe violate them either in worde or deede The punishment of the offenders against this lawe is arbitrary according to the qualitie of the offence 4 Notorious swearers c. For that there are diuers sortes of othes and blasphemies in degree one worse then another therefore haue I left the punishment of them to the discretion of the iudges or officers that deale therein respect alwayes being had to the heinousnesse of the fault The Spaniards inflict grieuous a Ningun soldado rintegue ni blaspheme so pena porla primera vez de treinta pias dâ— drision por la seconda vez sesenta de mas de ser trahido a la verguenca câ—n vna mordaza a la lengua y por la tercera puesto en Galera perpetua â—a volundad Sanch. de Lond. penalties vpon them that transgresse in this behalfe and all Christians ought to detest and banish all abuses 5 All abuses c. Vnder this title are comprised all profane scoffes at religion all wicked opinions bolstered out with colours of religion which together with other faultes seuerally named are seuerely to be punished by the gouernors of campes and garrisons being contrary to good proceedinges in warre and in peace for which also they are condemned by ciuill lawes 6 Many offences c. In this point many abuses are committed by our souldiers of which insueth the displeasure of God and many other great inconueniences To furnish themselues at play some sell their armes others their apparell At play they loose their mony which should buy them victualles and other necessaries By losse some are driuen to steale and to vse other vnlawfull practises Some run to the enemy and commit diuers other outrages For this cause the Spaniard in time of seruice doth banish all b Que ningâ—â— soldado iuegue a iuegos illicitos Sanch. de Lond. vnlawfull games The best remedy of all these abuses is first to take away cardes and dice and to forbidde them the campe or garrison the next is to erect some other warlike exercise the third is punishment both of those that play and those also that mainteine such implements of play But as in other matters so in this also example is most auailable 7 Common women c. Among this number all those women that abuse their bodies vnlawfully are to be numbred For auoiding of which abuses no women are to be suffered to follow the campe nor any suspected women to keepe in the place of garrison The c Que ninguâ—â— soldado tenga in casa muger sâ—spechosa c. San. de Lond. Spaniards in their military lawes do restreine officers by losse of their place and common souldiers by other punishment from this abuse Among the Romane souldiers such abuses were seldome heard of but if they were very seuerely were they punished and carefully reformed Scipio the yoonger when military lawes grew in contempt among the souldiers of Spaine did for redresse banish all women out of the campe 8 For that god c. The voyage of Portugall taught vs the inconueniences of drunkennesse by experience but yet reason teacheth vs much more Thereof proceed quarrels iniuries mutinies and many other disorders Drunken men are vnfitte to march to watch to fight or to do any maner of seruice too common it is notwithstanding among common souldiers And I would to God that captaines and officers of companies were free from it In whomsoeuer it is the same may not be passed without punishment Wherein that neither sober men be touched wrongfully nor drunkardes escape scandalously I doe thinke that those deserue to be punished as drunkards which either through drinke commit any excesse which sober men would not commit or els are vnfit to do the seruice required at their handes CHAP. XXI Part. 2. Wherein lawes are set downe tending to the common safetie of the state armie or garrison 1 ALl souldiers or others that conspire against the state or Prince or Generall or go about to betray the Generall or the army or any part thereof or any city or ground in possession of the state or army shall suffer death and torments if the matter be heinous 2 Such as practise and enterteine intelligence with the enemy without direction or knowledge of their superiors shall be punished as traitors 3 Mutinous and rebellious persons are to be punished with death 4 Whosoeuer yeeldeth a towne or fort to the enemy or motioneth any such matter but vpon extremity and that to the Gouernor or in councell let him be executed as a traitor 5 No captaine officer nor souldier may refuse to come being interteined in pay nor depart the campe or place where he is appointed to serue if the enemy be ready to charge vs or we ready to charge the enemy vpon paine of death if it be not in time of seruice vpon paine of imprisonment Except those alwayes that haue licence of the Generall or chiefe Gouernour or other lawfull cause To hurt and sicke persons the Colonell of the regiment or Iudge martiall or other officer appointed may giue licence that they may depart for a time to refresh themselues 6 All that runne to the enemy or attempt to do it as traitors to their countrey are to be put to death 7 No man shall bewray the word to the enemy or giue a false word in time of seruice nor when the enemy is nere shall sleepe in the watch or suffer him to approch without giuing warning vpon paine of death 8 Whosoeuer of wantonnesse or foolery is cause that the enemy hath notice of our disseins and purposes so that some good opportunity of seruice is thereby omitted is to be punished according to the quality of his offence Interpretations and annotations vpon the former lawes 1 All souldiers c. If conspirators deserue death much more do they deserue the same that execute their treasons and conspiracies a Liu. 28.
Scipio killed all the inhabitants of Iliturgi a towne in Spaine and burnt the towne for that they betrayd the garrison and reuolted to the enemy b Xenoph. exp Cyr. 1. Orontes going about to betray Cyrus and his army to the enemy was executed by Cyrus This is nothing but the ordinary practice of the Romanes which as c Tacit. 1. l. 3. § in bello ff de re milit Tacitus affirmeth brought such matters within the compasse of treason 2 Such as practice c. There is no surprise nor dangerous treason wrought against a prince or his army or garrisons but the same proceedeth for the most part from secret practises and intelligence of traitors with the enemy Such practises therefore are not onely diligently to be sought out but also seuerely to be punished d Supra 70 Nolanos damnatos proditionis quod colloquia cum hoste habuissent securi percussit Liu. 24. Marcellus executed seuenty persons of them of Nola for treason and secret talke and intelligence they had with Annibal The Romanes hauing notice of diuers cities in Hetruria and Vmbria that had communed secretly with Annibal e Liu. 28. gaue order that both inquisition might be made and due punishment awarded Neither it is sufficient for any to allege that he is not subiect to our iurisdiction for whosoeuer committeth treason against vs be he Dutch or French is to be punished Quintilius f Tacit. Varus had intelligence how Harminius dealt with him treacherously yet was slacke in making inquisition of the matter which was the ruine of him and his company 3 Mutinous and rebellious c. Mutinous I do not call them that vse bad words to their captaines or that demand their due of them although in tumultuous sort albeit some do so take it and haue practised it yet do I acknowledge that the same is a great offence and to be punished yet not in the degree of mutinie But g Qui atrocē militum seditionem concitat capite plectendus est l. 1. ff ad leg Iul. maiest sin verò intra vociferationem leuē querelam seditio mota sit gradu militiae dejiciendus est l. 3. ff de re milit mutinous persons are those that raise sedition and stirre vp souldiers to rebellion against their gouernours whereby the common cause may receiue detriment and hindrance Hee that raiseth sedition and giueth cause to dangerous stirres is to be punished with death saith Modestinus but if hee proceede no further then to clamorous complaint then is he to be punished with the losse of his place if he be an officer or if no officer with some lesse punishment then death Yet are not all mutinous persons to be punished in one degree Scipio when his army in Spaine mutined vnder colour of want of pay and long seruice with the death a Liu. 28. of thirtie persons which were principall moouers of the sedition did pacifie the matter Caesar dismissed b Hirt. de bel Afrie Fonteius for that hee was a seditious person Suetonius c Sueton. in Caesar testifieth that hee cassed all the tenth legion for the same cause Mutinous I account thē also that dissuade the souldiers from performing any seruice commanded them by the Generall and doe thinke that they deserue no lesse punishment The Marques of Guast cast certeine mutinous companions into the d Paul Iouius sea in sackes for that they dissuaded the souldiers from the enterprise of Afrike whither Charles the fift then led them Such mutinies are diligently to be suppressed in the beginning with the death of the beginners as e Tacit. ◠Tiberius did the mutiny of his souldiers in Pannony or with dismissing some of the principallest f Liu. 25. Fuluius vnderstanding of a secret mutiny among his souldiers in Capua gaue them no leasure to execute their purposes and presently dismissing the most seditious had afterward reason of the rest 4 Whosoeuer yeeldeth c. This is nothing but a transumpt out of the Romane lawes which in like case decree like g Lege Iulia maiestatis tenetur qui arcem nó tenuit aut castra hostibus concessit l. 3. ff ad leg Iul. maiest punishment Pinarius being first prayd then threatned by them of Aenna if he would not depart out of the towne where he was in garrison tolde them that he might not do it for that no man was to h Praesidio decedere apud Romanos capitale Liu. 24. depart or giue vp the towne of garrison vpon paine of death The i Qui Vaccam amiserat condemnatus verberatúsque poenas capite soluit bell Iugurth Salust Gouernour of Vacca a towne in Afrike was condemned and executed to death for that he yeelded the towne to the enemy He that yeelded Pont Charenton to the Protestants vpon the first appearing of their troupes was executed at Paris anno 1567 by expresse commandement of the king Rutilius spared not his owne sonne that by negligence lost the castle of k Val. max. l. 2. c. 7. Taurentum in Sicily So that not onely treachery but cowardise and negligence deserueth in this case to be punished Cotta caused a neere kinsman of his to be beaten with rods and afterward to serue as a common souldier for loosing a place by his default which was giuen him in garde The Carthaginians executed most cruelly him that a Polyb. surrendred vp the castle of the Mamertines to the Romanes There is nothing that can excuse a gouernour in this case but necessitie to wit when either for want of men or victuals or other weaknesse of the place he can hold out no longer So was b Liu. 27. Attilius excused that departed the citie of Locri and the garrison of Scodra that yeelded the towne to the Turke not onely excused but relieued by the Venetians for they held it to the vttermost The Romanes suffered those to compound with Annibal that were not able to resist his force Except the case of necessitie prooued by men of iudgement in few other cases can those that surrender places to the enemie be excused In so much that Alphonso Perrez as the Spanish histories report would rather suffer his sonne taken by the Moores to bee slayne before his face then hee would surrender vp Tariffa into their hands to recouer his sonne Nay it is not lawfull without cause manifested before the counsell so much as to parley or motion any composition with the enemie The women of Athens stoned Cirsilus to death for that he c Iustin went about to perswade the townesmen to yeeld to the king of Persia After the death of d Expedit Cyr. Xenophon Cyrus when the Greekes that went with him being farre from their countrey were in distresse one Apollonides despairing of other means would haue had them to yeeld themselues to the mercie of the enemie but his speach seemed so vnwoorthie the profession of a souldier that he was there disarmed
like a base minded beast laden with baggage How many cities haue vnder colour and in the time of parley bene betraied I haue heretofore declared The very motion of parley doeth daunt the courage of souldiers and therefore such motions are not to bee made but in secret counsell and in extremitie 5 No captaine officer nor souldier c. The first part of this law the Romane souldiers when they were first enrolled did sweare to performe the second part is comprised in the Romane lawes against such as depart the army without leaue A matter very dangerous for by such starting aside of souldiers many garrisons are taken vnprouided and many companies that are full in mosters are very thin in time of seruice And therefore although among vs euery captaine of a companie take on him to giue licence of absence yet is the same against all practise of warre By the lawes of the Romanes no man had a Solus dux exercitus missionem dare potest l. 1. ff de his qui notantur infam power to dismisse souldiers but the General if otherwise it were the army might be dissolued or at least greatly weakened without his priuitie the cause hindered by inferior persons trechery 6 All that runne c. It is a great fault for a souldier in time of seruice to forsake his General But farre greater to turne his hand against his country and friends and to flie to the enemie Such therefore deserue no fauour being not only traitors but enemies The Romanes punished such more b De perfugis grauiùs quà m de fugitiuis consultum nominis Latini qui erant securi percussi Romani in crucem sublati Liu. 30. grieuously then fugitiue slaues and howsoeuer they compounded with others yet alwayes excepted them Sometime they were nailed to gibbets sometime they were c Perfugae omnes virgis in comitio caesi ac de saxo deiecti Liu. 24. throwen downe from hils Those that did but endeuour to flie to the enemie although they perfourmed it not were d Volens transfugere qui deprehensus est capite punitur l. desertorem ff de remilit put to death Yet would I not haue them so depriued of hope of mercy but that they may find fauour if they with any new seruice can blot out their former offence No man fought with more resolution against the Romanes then these reuolters Fabius would not suffer the e Liu. 23. Romanes to punish Altinius that offered to restore Arpi vnto them which himselfe before had caused to reuolt to Annibal Marcellus knowing the purpose of Bantius and that hee meant to flie to the enemie yet by curtesie and liberalitie did chuse rather to draw seruice from him being a man of value then to punish him If then such poore men as by extremitie and want are driuen to flie to the enemie wil voluntarily returne againe and craue pardon I would not haue them debarred from hope of mercie which rigour is due onely to stubborne and wilful rebels 7 No man shall bewray c. This being a difference and somtime as in the darke the only difference whereby souldiers know their fellowes great care is to be taken that the enemie haue no notice of it In the night fight betwixt Vitellius and Vespasians souldiers nothing did more preiudice f Tacit. 18. Vitellius his side then that the enemie came to haue notice of the worde Which happened by the often repetition of it in the darke By the same the enemie either passeth away safe or commeth among vs without resistance Great punishment therefore doeth he deserue that giueth the enemie to vnderstand it by simplicitie or negligence but greater if by trecherie and false dealing Likewise doeth he deserue punishment that neglecteth his watch For seeing that the safetie of those that rest consisteth oft times in the watch who seeth not that they that neglect their watch betray their fellowes safetie the a Liu. 5. watchman that suffered the Gaules to enter the Capitol while hee slept was throwen downe from the rocke whereon the Castle stood there to sleepe for euer By the lawes of the b l. Qui excubias ff de re milit Romanes hee that slept in the watch was put to death Epaminondas going the round slew the c Plutarch in Epaminonda watchman whom he found sleeping affirming that he did him no wrong leauing him as he found him Yet woulde I not that any man in punishing these faults should proceede rashly and without cause spill poore soldiers blood that is so willingly spent in the seruice of their countrey For if the enemie be farre off and the danger little this fault is much lessened 8 Whosoeuer of wantonnesse c. By two meanes especially the enemie cōmeth to haue notice of our purpose against the wil and purpose of him that giueth the notice first by making of noyse and signes which may be heard or seene of the enemie being farre off secondly by talking and prating of matters that ought to be kept secret by either of which meanes many enterprises are broken many good counsels discouered The practise of the protestants against the towne of d Hist. de troubl de Fr. l. 5. Saumur anno 1569 was broken by fiering of certaine houses whereby the enemie had notice of their comming A like enterprise of theirs against Diep the same yeere was discouered by discharging of a pistole In our voyage of Portugall the Spanish horsemen that coasted our companie had fallen into a trappe layd for them if one rash companion had not discharged his piece too soone therby giuen them warning before they entred into danger If that certaine rash fellowes had not risen vp too e Hist. de troubl de Fr. l. 11. soone and discharged their pieces vpon the gallyes of the Baron la garde both he and his company had bene taken at Tonne Charente by Rochel An. 1569. by the babble and prating of a certaine f Philip. Comines Herald sent to the French king he knew more then was conuenient of the estate and proceedings of Edw. the 4. as I before haue shewed Caesar therfore that he g Caes bel Gal. 7. might take the Gaules vnprouided forbade his soldiers in their marche to make fiers And Homer expressing the h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer 3. courage and good order of the Greekes saith they marched with great silence whereas the Troians made a noyse like a flight of cranes Froissart reporteth that in ancient time the English did take an oath that they should not discouer any practise or counsel of their superiors But now it seemeth that custome is out of date for no nation doth march with more noyce or talke more willingly Wherefore although these matters may seeme trifling yet experience sheweth what impediments they bring to our affaires which caused mee in this place seeing other meanes too weake to worke it to forbid discharging of pieces
firing of houses making of noyse in the march without speciall direction and also talking of secrete counsels of our gouernours at any time and to wish that the same were by lawe enacted CHAP. XXI part 3. Conteining lawes concerning the dueties of Captaines and soldiers yet more particularly 1 ALl Captaines souldiers and others shall yeeld their obedience to the lawfull cōmandements of their superiours Neither shall any lift his weapon against his commander correcting him or others for their offences orderly vpon paine of death 2 No Captaine nor officer of a companie shall depart the Campe or garrison without licence nor shall lodge or absent himselfe from his companie in time of seruice or when the enemie is ready to charge vpon paine of loosing his place except those alwayes that haue lawfull excuses of sickenesse or hurtes and haue appoynted sufficient deputies in their place 3 All souldiers that wilfully absent themselues without lawfull cause from their colours or companie that goeth to charge or resist the enemie deserue death 4 No Captaine nor officer shall defraud the souldier or other person of his pay that is committed to his handes to be deliuered vnto him vpon paine of losse of his place 5 No Captaine nor other shall preferre or subscribe to a false mostre rolle or fraudulently giue in more or other names then he hath presently in his companie vpon paine of imprisonment and losse of his place 6 No captaine lieutenant sergeant nor other that ought to be armed shall come into the field without their ordinary armes vpon paine of two armors to be deducted out of their pay the one to their owne vse the other to some other of the company that wanteth 7 No souldier nor other shall goe into seruice without the word and some other marke to be knowen by from the enemy especially in night seruice vpon paine of imprisonment 8 No captaine officer nor other priuate gentleman in pay shall intertaine any others souldier or seruant without consent or lawfull dimission from his former captaine or master vpon paine of losse of a moneths pay Neither shall any souldier or seruant depart from his captaine or master without lawfull cause vpon paine of imprisonment and returning againe of souldiers to their captaines of seruants to their masters 9 Captaines and officers of companies shall watch and ward with their colours and companies vpon paine of losse of a moneths pay 10 No man shal marche with the baggage but the companies appointed neither shall any marche out of his aray or straggle abroad or goe on pilfering when he should marche watch or serue vpon paine of imprisonment Such are also by bastonataes to bee corrected by their officers if they be taken in the maner 11 No companies shall goe on foraging or make any enterprise against the enemy vpon priuate motion without the knowledge and direction of their generall commanders 12 No souldier shall sell or pawne or lend or loose or giue or cast away or play or otherwise make away his horse or armes or weapons or furniture wherewith he is appointed to serue nor shall suffer his horse by his default to decay or his armes to rust or goe to spoile vpon paine of imprisonment and infamie both to him that offendeth and to his abettors and aydors 13 No priuate captaine shall giue Passe-port to his souldier that is able to serue vpō paine of losse of his place neither shal any souldier in time of seruice depart without Passe-port vpon paine of death 14 No souldier nor other being once placed in aray either in marching or fighting shall depart thence without lawfull cause Whosoeuer either to runne to spoile or to fly away doth abandon his ensigne or standing where he is rāged to serue shal suffer death 15 No souldier nor others shall vse any showting or crying or without cause discharge a piece in marching or embatteling or lying in ambush vpon paine of bastonataes presently to be inflicted by the officers vpon the offenders taken in the maner of imprisonment afterward 16 No man shall giue an alarme vnto the army marching or lodging without iust cause and that in quiet sort nor shall any tumultuously runne nor cry vpon an alarme taken vpon such penaltie as the circumstance of the offence shall require 17 He that by negligence or grosse ignorance killeth his fellow with his piece or other weapon let him die the death 18 No man shall challenge another or defie him in campe or garrison nor accept the challenge vpon paine of imprisonment and disarming before his company Neither shall any offer an iniurie to his fellow to prouoke him to fight nor shall others priuately reuenge it vpon paine of imprisonment 19 All braules and quarrels betwixt fellowes are to be punished seuerely Whatsoeuer therefore hee is that in campe or garrison killeth any man in any sudden braule or challenge except hee bee thereto forced for his owne defence or striketh his fellowe beeing placed in array ready to fight let him suffer death for it 20 No souldier nor other shal fraudulently or the euishly take any thing from any mans person or their lodging house or cabane vpon paine of death 21 When any company of souldiers shal be lodged in any village or passe through it or by any dwelling house or other belonging to our friendes they shall not hurt nor iniurie the people in their persons nor goods vpon paine of death or other grieuous punishment according to the qualitie of their offence 22 No man shall burne any corne hay or forrage or destroy any prouision or house barne or cornemill or other building that may serue for the vse of the army vpon paine of death 22 All murthers periuries forgeries forcing of women or maydens cosinages or other disorders whereby the army may any way receiue disgrace or hurt although not comprised in these lawes shall bee punished by such penalties as the ciuill lawes or els common lawes of England enioyne in such cases 24 No souldier nor other shall be mostered or answere in two companies or answere to two names in one company nor shall any victualler or other that is no souldier passe in mosters for a souldier vpon paine of death 25 No souldier that hath victualles deliuered vnto him for certeine dayes shall spoile or spend the same in lesse time then is appointed vpon paine of imprisonment Annotations vpon the former lawes 1 All captaines souldiers c. Obedience is the bond that keepeth all in order without which neither can our owne men be gouerned nor the enemy discomfited If saith a Liu. 24. Papyrius the common souldier might neglect the commandement of his captaine the captaine of his colonell the colonell of his superior commanders all military proceedings would fall out of order The b Dictator signiferum cunctantem signum vt iussus erat inferre occidit Liu. 4. Generall of the Romanes killed an ensigne-bearer that refused to auance himselfe forward among the enemies as he
was commanded Some spared not their owne friendes no nor sonnes neglecting their commandements This generall rule therefore is to be obserued strictly and the offenders to be punished Neither may they or others make c Que si algun soldado hiriere a algun officiale especialmente su superior muera porello resistance against those officers that punish them for their offences Yet on the other side I doe not authorise rash braines to kill or hurt their souldiers There is difference betweene correction and killing By the orders of the Spaniards he that killeth his souldier disorderly dieth for it By commandements in this place are not vnderstood euery captaines priuate pleasures but orderly directions in time of seruice 2 No captaine nor officer c. No man may returne into his countrey without licence but captaines least of all for example sake For if this were lawfull it were not possible to keepe an army together Such as stay frō their garrison are to seeke when they should lead their company to the charge giue iust occasion of this law 3 All souldiers c. These are next in degree to those that flie out of the field For when they should fight then like traitorous cowards they hide themselues and therefore deserue equall punishment with those that flie 4 No captaine nor officer c. A farre greater fault it is that souldiers seldome haue that pay that their prince alloweth But yet may not those capteines officers be excused which of that which is comming to them do cut off some part and pinch them of the rest by diuers fraudes and deuises After that a Stipendio equites fraudātes Caesarem veriti transsugerunt Caes bel Ciu. 3. Caesar had notice how Roscillus and AEgus two captaines of horsemen had defrauded their men of their pay and taken from them their partes of the spoile as soone as they perceiued it fearing punishment they fled to the enemy 5 No captaine nor other c. Many are the incommodities that come of false mosters The prince is defrauded the army weakned seruice neglected opportunity giuen to the enemy Neither is there any thing that in our times more dishonoreth captaines and officers then the suspicion had of some in this behalfe The army of Iulio the second being in the moster b Guicciard l. 9. rolles double the number that it was indeed could doe nothing of those enterprises that were intended The abuse of mosters was the ruine of c Guicciard l. 15. Francis the first before Pauy Guicciardine reporteth that foure thousand d Guicciard l. 17. Suitzers were mostred and payd for sixe thousand and that Lansqueners seldome are halfe so many as are conteined in the moster rolles of which ensueth the spoile of princes without any effect done in seruice This abuse was not knowen in ancient time which maketh me much woonder that no man goeth about to remooue it and more that those that should reforme it in some places doe suffer captaines to haue certeine dead payes which is a meanes to mainteine it and couer it To remedy this abuse there are two meanes first to allow captaines honourable maintenance and to pay euery souldier by the poll as the e Liu. 28. Romanes did and as the Spaniards doe that haue their Pagadores or Paymasters for this purpose the next is that the Generall cause all the army to be mostred at once and all those that giue in false numbers or commit any abuse heerein to be punished most seuerely By the lawes of France they suffer death No captaine lieutenant c. This law may percase to some seeme needlesse for who would thinke that any man woulde come into the field to fight without armes but he that hath seene the disorder in warres in this point and considered how many captaines lieutenants sergeants which are the brauest men of their companies do come without armes defensiue into the field will acknowledge I doubt not that it is more then necessary to be thought vpon and redressed As it is now they onely leade men to fight and when they come neere conuey themselues out of the braule letting their souldiers fight if they will In time past centurions and their options or lieutenants were the first and principall men of their rankes and the strength of the battel and by the vantage of their armes preuailed against their enemies Would not then so many braue captaines lieutenants and sergeants now adde a great strength to the armie if they stoode in their rankes well armed Now standing out of array they serue for nothing but for cyphres in the ioyning of the battell vnlesse it be to giue euill example and to trouble others The Spaniardes at mosters pay none but such as present themselues before their officers with their armes and furniture If then in mosters armes are to be shewed sure more requisit it is that men should come armed into the field For what reason hath he to reproue and checke his souldiers for casting away or loosing their armes that hath no sufficient armes himselfe 7 No souldier nor other c. For want of sufficient markes and cognisances oft times souldiers of one side hurt their fellowes especially where diuers nations serue together This was the death of Ponsenac diuers braue men an 1569. slaine by their fellowes in a skirmish in France and is cause of many disorders Diligently therefore is this point to be looked vnto especially where the enemy and wee speake both one language Pompey himselfe for want of ready pronouncing the worde had like to haue bin slaine of one of his owne souldiers in the warres against Settorius in Spaine For this cause the Protestants in these late troubles in France wore white cassakes and the Dutch that came in their aide scarfes of colours of their Generall 8 No captaine officer c. Of this cause proceede many quarels among captaines and diuers fraudes in mosters and disobedience of souldiers to their superiors Which cannot be auoided if offending one captaine they may finde protection shelter vnder another Therfore both the receiuers they that are receiued deserue to be punished By the orders of the Spanish campe the captaine looseth his place the souldier is banished offending herein Among the Romanes such abuses were not vsuall But if so be the souldier be euill intreated of his captaine or the seruant by his master then vpon proofe the lord marshall or iudge marshal is to set order 9 Captaines officers of cōpanies c. For that the souldiers are oft times charged while their captaines are absent and therupon fly or commit some other error as men without gouernment therefore are a Que se Huuieren de Leuar vanderas a las guardias vayan los capitanes officiales y◠soldados con todas sus armas en orden pena de castigo arbitrario capteins officers to watch with their companies and to see that their soldiers depart not the place nor
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