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A13173 The practice, proceedings, and lawes of armes described out of the doings of most valiant and expert captaines, and confirmed both by ancient, and moderne examples, and præcedents, by Matthevv Sutcliffe. Sutcliffe, Matthew, 1550?-1629. 1593 (1593) STC 23468; ESTC S117986 348,032 372

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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 ●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
THE PRACTICE PROCEEDINGS AND Lawes of armes described out of the doings of most valiant and expert Captaines and confirmed both by ancient and moderne examples and praecedents BY MATTHEVV SVTCLIFFE Luke 14.31 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 What king going to make warre with a forreine prince sitteth not downe first and taketh counsell whether he be able with ten thousand to meete him that commeth against him with twentie thousand Cicer. offic lib. 1. In rep maximè conservanda sunt iura belli Ibidem Sunt qui quod sentiunt etsi optimum sit tamen inuidiae metu non audent dicere IMPRINTED AT LONdon by the Deputies of CHRISTOPHER BARKER Printer to the Queenes most excellent Maiestie 1593 The excellencie of military prowesse REi militaris virtus praestat ceteris omnibus haec nomen populo Romano haec huic vrbi aeternam gloriam peperit haec orbem terrarum parere huic imperio coëgit Omnes vrbanae res omnia haec nostra praeclara studia haec forensis laus industria latent in tutela praesidio bellicae virtutis Cic. pro Murena The necessity vse of armes Magna imperia armis non ignauia tenentur Tacit. Annal. 15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pericles Thucid. 1. Without warres we cannot escape the malice of our enemies and the more willing and readie we are to beginne the lesse courage will our enemies haue to assaile vs saith Pericles Inermes prouinciae cuicunque seruitio expositae atque in pretium belli cessurae erant Tacit Annal. 17. Such countries as are disarmed are exposed to bondage and giuen as a spoile into the hands of the Conquerour 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenophon exped Cyr. 3. They that by skill and practise of armes ouercome their enemies not only assure their owne estate but also purchase that which the vanquished possesse Vae victis sayde Brennus to the vanquished Romanes that went about to redeeme themselues with money for all calamities accompanie those that are ouercome Plutarch in Camillo Omnia a Liu. 5. What account is to be made of valiant captaines and souldiers virorum fortium sunt All things yeeld to valiant men Si omnes qui reip consulunt cari nobis esse debent certè inprimis imperatores quorum consilijs virtute periculis retinemus nostram salutem imperij dignitatem Cic. de orat lib. 2. If all those that care and haue the charge of the common wealth ought to be deare vnto vs then especially ought our noble Captaines by whose counsell prowesse and perill we mainteine the estate and honour of our countrey Salus publica in militibus Lamprid. in vit Alexand. Seuer The safetie of the state is committed to the hands of Souldiers Against such as for hope and desire of present peace bring vpon the state a dangerous warre Si Barbarorum est in diem viuere nostra consilia sempiternum tempus spectare debent Cic. de orat lib. 2. If barbarous nations onely respect the time present it behoueth vs in our counsels to foresee that by delayes we incurie no danger in time to come TO THE RIGHT HONORABLE THE EARLE OF ESSEX ALthough my good Lord discourses of armes in this time of peace and securitie may seeme vnseasonable to some kinde of men that mislike nothing more then to haue their eares grated with the sound of drummes rumors of warres yet to such as foresee those stormes that hang ouer our heads and see that there is no other sheltre but in the practise of armes I doubt not but they will be both pleasant and acceptable The beginning of all good successe is good counsell and direction the accomplishment is expedition in counsell nothing auayleth more then to followe good examples of expert and wise men If then we would eyther reforme the disorders of our proceedings in warres or settle the discipline of armes among our souldiers which is slenderly knowen or practised by them what course is better then to viewe consider and followe the doings of most famous warriours both of former and late times this argument therefore I haue chosen as most worthy my labour and most necessarie and profitable for this state and as I could haue finished the same We heare of our enemies preparatiues against vs and know their pride and malice nay we haue seene and felt their attempts admit the warres are not at our doores yet wee may easily perceiue that they are very neere vs and howe neere we knowe not why then doe we not awake nay why doe we not prouide and arme seeing the Spaniard by sending ouer such swarmes of trayterous and seditious priestes and Iesuites among vs hath giuen vs such cause of an alarme already he is come into Britaine that confronteth all the westerne coaste of England and shall we doubt whether he meaneth to come neerer vs and not doubting why are we so slowe in taking armes What prouision is to be made and how it is to be employed howe warres may be for causes enterprised and howe with honour and good successe prosecuted and atchieued so that neither the enemie shal haue cause to reioyce or hope nor we cause to lament or feare finally how we may reforme disorders and auoide future dangers of compassion of my louing countreymen and fellowes whereof some still followe the warres and mere loue to my deare countrey and no respect of gaine or glory God is my witnesse I haue in this discourse ensuing done my best endeuour to declare and I trust not altogether out of season for if we haue warres what more conuenient then to reason and talke of warres and if we are in expectation of warres yet do I not see what reason we haue to keepe silence in such doubt and expectation of warres but were it that neither we had warres with the Spaniard nor others nor stood in doubt of their attemptes or forces yet can we not continue many yeeres without warres Great a Nulla magna ciuitas diu quiescere potest si foris hostem non habet domi inuenit saith Annibal Liu. 30. countries and states cannot rest if they haue no enemies abroade yet restles heades seeke worke at home therefore can no time be thought vnseasonable for to discourse of these matters if we enioyed peace yet can we not assure vs of it without armes if we doubt our enemies practises there is no safer course then to arme He b qui desiderat pacem praeparet bellum Veget. lib. 3. cap. 1. that desireth peace he must prepare for warres and long c longa belli praeparatio celerem facit victoriam Publius preparatiues of warre made in time of peace giue speedy victorie in time of warres men doe not easily prouoke or attempt warres againct a a Nemo bello l●cessere aut face●● audet iniuriam regnovel populo quem expedicū 〈◊〉 promptum ad resistendum vindicandumque agnos cit Cassiod va● 3. nation or countrey that is ready
the Low Countries of Portugall and France you both vnderstand the practise of armes and the wants of the souldiors the generall hope of al souldiors nay of al that loue their countrey is that your Lordship which so wel vnderstandeth the common disorders of the warres and the great importance of them and hath so great fauour and meanes by reason of your auctoritie to correct them wil one day be a meane to see them in some part redressed all those parts which are required of a sufficient generall do seeme to florish and shew forth themselues in your doings and promise these things in your behalfe Through disorder of some ignorance in others to speake nothing of pinching false reckonings hitherto her Maiestie hath not bene resolued to bring into the field a sufficient armie and those small forces if I may so call such smal troupes that haue bene employed in diuers seruices haue wanted much of their necessary prouisions not that the charge is so great that it could not be borne nor for that her care was lesse then is conuenient for if the same order were abroad that is at home why may not this countrey mainteine thirty or fourty thousand abroad that mainteineth so many millions at home men do not spend more nor eate more abroad then at home but the reason why a sufficient army is hardly mainteined is because there wanteth good directions and orders and punishment of bad dealing some impute the fault to griedy mens insatiable couetousnes which like a goulfe wil neuer be filled but that is not all nor the greatest disorder others thinke it impossible for this Realme to beare the infinite charge of an army but why should not this whole kingdome be able to mainteine 30. thousand in pay when as the citie of Rome the territory being not past ten miles in breadth in that warre which the same had with the a Liui. lib. 8. 9. Latins sent forth ten legions which being full at that time amounted to 40000. foote beside horsmen but what should I speake of Rome the mistres of the world for warlike discipline when as the Cities of Athens and Sparta nay the townes of Thebes Corinth Argos and diuers other in Greece Italy mainteined great armies both at home abroad vpon their owne charges who seeth not then that the cause of these calamities and disorders is want of militarie knowledge and not want of meanes and that as disorder want of reward and punishment is cause that our enterprises are so easily dissolued and vanish of themselues so order and gouernement in ancient times were causes of their happy successe and would also make our affaires succeede the better I neede not seeke farre to finde examples for proofe of this matter seeing the good gouernment of Edward the first that so long warred in Scotland of Edward the third and Henry the fift and eight that were so victorious in France aforde vs such store if then the griedines of some were restreined with sharpe punishment men of heroical spirits not tainted with the base desire of gaine were allured with honor preferment to take vpon them the charge of matters if such were chosen for commanders as haue nothing before their eyes but honor and the enlargement of the commonwealth and all men were resolued to bestow more in iron and steele then in silkes and veluets and golden coates and most things were gouerned by lawe and order of warre and not by fauour and partialitie or which is worse by money in summe if true and ancient discipline of armes were either restored or setled among souldiers I would not doubt but that this Countrey would be able not onely to mainteine a sufficient strength of men but that we should also recouer the ancient glory of the English nation spread farre abroad in France Spaine and other countreys in time past now blemished only with some mens misgouernment Wherefore seeing it hath pleased God not only to make your Lordship acquainted but also partaker of the common calamities of souldiers and giuen you fauour and accesse to her Maiestie in whom it lyeth to reforme these abuses as you haue hitherto employed your person and goods in the seruice of her and your countrey so I beseech you cease not vntill such time as you haue accomplished the redresse of these disorders these are they that without any one stroke of the enemie haue broken our enterprises it is not the courage of the Spaniard nor force of the Dutch nor brauerie of the French that hath frustrated our late attemptes neither doeth force so often ouerthrow armies in fielde as daliance irresolution and delay then through niggardise and good husbandry want of pay and necessarie furniture thirdly presumption and want of strength and sufficient force and lastly those abuses which through want haue crept into armies of late time for pitie could not be corrected for what conscience is it to punish those that spoyle and wander abroad when if they should not thus doe they should sterue for hunger if a Generall haue sufficient force and prouision it is his fault if he doe nothing if he want either force or pay then it is their fault that should haue sent him foorth better prouided many doe great wrong to our Generals in the Portugall expedition when they impute the fault to them God knoweth that with such slender prouision nothing could be done more others that are more deepely to be charged for breaking that enterprise yea and famishing of many poore soules lye hid and I thinke meane not to answere vntill such time as God shall call them before his tribunall seate there to answere once for all If any meanes could bee deuised that abuses of imprests and false musters and accounts taken away loyall captaines might be chosen and poore souldiers be well furnished and that matters might proceed with speede and resolution and more force bee ioyned together I would then hope there would be some seruice done without forces cōuenient what reason hath any to hope for better for as a little water sprinkled on the fire doth make the same more to flame and sparkle so small supplies doe rather kindle and nourish warres then ende them or exstinguish them The onely meanes to redresse both these and all other disorders consisteth in the restoring and by sharpe punishment mainteining of true militarie discipline and orders Without this as a discrazied body is easily dissolued without outward force so an armie though neuer so great without one blow of the enemie is broken and scattered without doing any effect With exercise of armes and obseruance of true discipline of war great enterprises most happily are atchieued The a Romani sibi orbem subegerunt armorum exercitatione disciplina castrorum vsuque militiae Veget. de re mil. Romanes did subdue the world by the exercise of armes and their orders of encamping and practise of warre Neither did they excell the
b Quintilian in milit Mar. Germanes and Danes in multitude nor the Carthaginians nor kings of Macedonia and Asia in wealth but in strict obseruance of the discipline of armes Nor could the Spaniards haue done such things as they haue of late but that they excell others in the obseruance of militarie discipline Neither were it possible that the Turkes should haue preuailed so much against Christians but that they reward vertue highly and punish disorders seuerely and keepe a strict order in the gouernment of their campe armie If then we either desire or will hope for good successe in martiall affaires nay if wee meane to mainteine our state and our reputation of force we must obserue militarie and martiall orders Which if once by your Lordships meanes I might see restored which I doe hope then would I not feare either the malice or power or riches of the Spaniard or other forreine enemie of this state This therefore is the thing which especially I commend to your care which indeede is the cause of the whole countrey and ought to be the care of all that loue the honour peace and prosperitie of the same For confirmation of your Lordships iudgement that well knoweth more then I can say and for direction to such as be ignorant I haue as neere as I could described the right course true discipline of armes confirmed by ancient later precedents of most expert warriors and because it so pleased your Lordship published the same I haue likewise set downe not only the proceedings but also the causes and necessary prouisions of warres without which all order is vaine and all proceeding without effect The same I haue consecrated to my countries honour vnder the fauour of your honourable name Vouchsafe therefore my good Lord to accept this my simple goodwil not worthy the name of a gift Yet is it all which I haue wonne not onely by long obseruation but also by dangerous experience both in France Italy Flanders and Portugall It grieued me not a litle being in her Maiesties seruice to see such confusion among vs but much more that our wants were such that wee could not execute lawes The causes I haue declared before The redresse I haue set downe in the discourse following after The which for that your L. seemed to like the same and for that I doe thinke it may be profitable to my countriemen and fellowes in armes that stil continue that profession I thought it good vnder the shadow of your honorable fauour to communicate to others Partly delayes and presumption and partly disorder and misgouernment and partly want of necessary prouisions doth more hurt oftentimes then the enemies open force Of all disorders the onely remedie and medicine is as I haue saide true discipline of armes which I haue here to my vttermost skill and endeuour declared and with diuers examples of most renowmed Captaines confirmed against whose doings many may percase repugne but none can take iust exceptions I would once I might see the same put in execution vnder your Lordships gouernance for what auayleth knowledge of law without execution practise if not yet shall I wish all honour and good to those that shal endeuour to put orders in execution If any good come of my labours the same is wholly to be ascribed to your Lordship whose singular fauour towards me both at home and abroade gaue me first occasion leisure and meanes to write these discourses if none yet I trust indifferent men will accept my good meaning My purpose was if my experience hauing nowe almost ceassed from all such wearisome trauailes could doe others good to affoord them all the helpe I could and also to giue my countrey aduertisements concerning such matters as are very important requisite to be generally knowen that order may be taken in time The successe I commit to God the care to your Lordship and others whom it concerneth beseeching the Almightie that is Lord of armies and gouern our of all our actions so to direct the affaires of state vnder the gouernance of our gracious Soueraigne to giue that fauour to your endeuours that the glory of the English nation by your noble deedes may be increased the blemishes of our proceedings in warres washed away and all good orders restored Your Lordships most bounden and willing Matth. Sutcliffe ❧ To the Reader MAny doe wonder some complaine and those that haue least interest if so bee they haue any loue to their Countrey they cannot chuse but lament that in those warlike actions which of late yeeres haue bene attempted publikely the successe hath beene so slender the losse of men so great the charge so burdensome and the proceedings and effects so contrary to antiquitie and as naturall affection leadeth them I doubt not but many are inquisitiue and desirous to know the causes And to say trueth good it were that the true causes of disorders were publikely knowne that not onely those that are wrongfully charged may be cleared but that those that laugh in others griefes and rise out of the common ruines might be knowen and rewarded at least that the causes of former disorders may bee remoued and that such prouision and order as hath beene hitherto wanting may in time to come and in time also be better supplied For this cause I haue framed this discourse Wherein when thou shalt see what is required in the orderly proceeding and managing of warres thou maiest easily see what we wanted and I feare me shal want vnlesse it please God to touch mens hearts with a more zelous care of their countries honour hereafter I doe not meane any one speciall man more then others God is my witnesse What soeuer he is that by delayes irresolution niggardise rapine cowardise trechery and other villeny abuseth his prince and country let him not thinke that I aime particularly at his person but at delayes irresolution niggardise rapine briberie cowardise trechery want of skill and such other abuses I haue no meaning to touch any thing that may sound to any mans hurt or disgrace And therefore although I haue store of domesticall examples yet haue I chosen rather to exemplifie abuses by forreine histories My purpose is to doe good to all without hurt to any particulars vnlesse percase those that liue vpon pillage doe account the common good to be their priuate hurt when the meanes of their gaine shall be taken from them If then thou desirest to see the causes of former losses or els wishest to know how breaches of former time may be repayred behold but this treatise wherein as thou shalt see the good successe of all those that proceeded orderly and like men of warre so thou mayest also see that those that haue neglected discipline of armes and warlike proceeding haue had euents and successe according to their deseruing Now to the intent thou maiest the better both addresse thy affaires if thou hast any charge in warres and vnderstand the
proceeding and continuance of warres and warlike actions I haue followed in this discourse the order of time setting downe those things first which are first to bee considered prouided and executed and so prosecuting euery action of warre seuerally by it selfe Those that haue done otherwise I see they haue trifled away many words without any small profite They talke of rankes and arayes at large others of building of fortresses that belonging to a good Serieant properly this to a good mason But howe souldiers shal be prouided and how they shall proceede and howe souldiers and fortresses are to be gouerned they scarce mention sure few of them know or can declare Besides these they omit manie other necessarie poyntes of warre wherein the safetie of an armie and a state consisteth Wherefore omitting or slenderly handling those sleight poyntes I haue chosen other matters more important to dilate beginning first with the causes of warres then with the prouision that is made before warres be attemted For although souldiers are the principall actors in these tragicall matters yet before wee drawe an army into the fielde or make leuie of souldiers manie things are to be considered and prouided First wee are to consider that our cause be good and iust For warres without cause are nothing but robbery and violence contrary to humanitie and reason secondly all things necessary for the warres are to be prouided thē are souldiers to be leuied and exercised and so brought into the field to prosecute all other necessary faits of armes 1 First therefore I will God willing declare what causes make warres iust or vniust and what are the effects of lawfull warres and therein also what solemnities or circumstances are to be considered in defiance of our enemies or first attempts of warre 2 Secondly what prouision is to be made of treasure armes munition victuals ships by sea and carriages and tents by land 3 Thirdly that wee are to strengthen our selues with the helpe of confederates and associates so much as we can and to draw what friends or strength wee can from the enemie both before we attempt warres and after 4 Fourthly what partes and qualities are required in a General and what counsell he is to adioyne to himselfe and whether it is better to giue souereigne authoritie in warres to one alone or to more likewise what authority and commission the Generall ought to haue further what is to bee respected in the choyce of Colonels of Captaines of companies and other officers of the army and what in the choyce of common souldiers what othe they are to take and how much the souldiers of our owne nation are to be preferred before strangers what inconueniences ensue of want of pay what numbers of souldiers are required in warres and finally how souldiers are to be exercised that they may be made ready for the warres 5 Fiftly what things are to be considered of those that are to transport an army by sea or by land into an other countrey and whether it is better for the English nation to inuade the Spaniard or any other forreine enemie in his owne countrey then to receiue his assault at home or to stay vntil he come on our coast or within our countrey and lastly what cautions souldiers sent abroade in succour and ayde of other nations are to vse 6 Sixtly what order and aray an army is to obserue in marching and how the same may march safely in the enemies countrey surmounting all difficulties whereby either in champion or wooddy countries or els in the passage of riuers or hilles and straites it may be disordred stopped or hindred 7 And for that we are not onely to offend but also sometimes to defend we are also to shewe what oppositions and trauerses the defendants are to make thereby to stoppe the progression and marche of the enemie and how to send our men safely forth on forraging and howe to stoppe and cut off the enemies forragers 8 For that oft times time is vainely spent in deliberations daliances and delayes to the impouerishing of many states and ouerthrow of many good actions we will shew by many proofes that nothing is more aduantageous then expedition and celerity in preparing marching executing fighting and all enterprises of warre nor any thing more hurtfull or dangerous then delaies 9 What orders are to be obserued in the fortifying defending and gouerning of our campe and lodging that we be not either charged a l'improuista or easily forced to fight 10 We will also shewe that as the assaylants in the enemies countrey are to seeke that the matter may be soone tried by battell so the defendants without great aduantage are to auoyde it and further by what meanes the enemie may be brought to fight and how those that feare to fight may auoyde the encounter with least losse 11 Before the Generall doeth bring foorth his armie into the fielde many things are to be considered all which shal be declared in the eleuenth Chapter 12 In the twelfth we are to discourse of the aray and charge of an armie encountring the enemie in open fielde and therein of the vse of horsemen of pikes halberds targets small shot archerie and great ordonance 13 In the thirteenth shall follow a briefe treatise of stratagemes ambushes and whatsoeuer deuises serue for the more ready atchieuing of our purpose 14 After the victorie once obteined and the enemie vanquished in the next Chapter we are to shew how the victorie is to be vsed and the conquest may best be mainteined 15 And because the hazard of warre is doubtfull in the fifteenth Chapter we purpose to declare by what meanes an army that is foyled or feareth to fight may most safely or with least danger or losse retire and howe the enemie in following the course of his victorie may be stopped 16 The sixteenth Chapter shall conteine precepts and orders for the gouernment of a camp that besiegeth a citie or fort and what course is best in besieging battering assaulting or entring the same 17 For the behoofe of the defendants the 17. shall declare what proceeding is best in the defence and gouernment of a towne or place assayled besieged battered assaulted or demyforced 18 And for that sea townes are not easily defended nor besieged without a nauie at sea in the next place followeth a discourse concerning the vse of ships of warre and how they are to be prouided ranged and managed in sea-fightes 19 Next vnto the execution of warres followeth the treaty of peace truce and confederacies of which we are in the 19. Chapter to intreate and also of the assurance of articles of peace truce and confederacie and likewise of the priuiledges of ambassadors and messengers by which such matters are treated and brought to passe 20 After warres ensue rewardes of such as haue behaued themselues valiantly in the seruice of their countrey and therefore in the 20. Chapter we are to entreat of the rewards of valiant souldiers punishment of
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 cons●●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. furē 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 Tarquiniēsibus rebus nequicquā 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 ●●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
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
councill and auctoritie to make warres should rest in Princes That warres are to be denounced on the assaylants side diuers reasons perswade vs. g Nullum bellum est iustum nisi quod aut rebus repetitis geritur aut antè denunciarum est indictum Cic. offic 1. There is a iustice in warres to be obserued sayth Tully which iustice requireth that warres be eyther denounced or made after deniall of things demaunded that haue beene vniustly taken from vs. He speaketh of warres made by those that inuade others For to defend our selues without more wordes is lawfull by the lawes both of nature and nations and very ridiculous it were to threaten those that haue begun to strike vs already Those therefore that thinke we haue no warres with the Spaniard because they haue not heard them proclaimed are like to those that will not ward or strike an enemie that commeth vpon them without saying beware Caesar minding to assayle Ariouistus sent a h Caesar perlegatos bellum indixit Ariouisto de bel gal L. 1. defiance to him before hand When Annibal came with an huge army into Italy the Romanes defended themselues without spending time about denouncing or threatning of warres Otherwise those that first begin warres doe vse first to speake before they strike which was not only the course of antiquitie but also of later times Onely the king of Spaine hath thought it lawfull vnder colour of treatie of peace without any defiance to cut our throtes if he could It may be he taketh the Popes excōmunicatiō against that Prince people of this land for a sufficient denuntiation or warrant to inuade vs without other circumstance This he learned of Alphonsus a Castro that determineth warres a Li. 2. de iust haeret puniend against heretikes to be lawfull which he taketh to be defied by auctoritie of the Canon And in his determination b Aial de iur bel lib. 1. Baltazar Aiala a great man among the Spaniards resteth no maruell if they obserue no solemnities in warres against vs whō they hold for heretikes hauing already determined that faith c Concil constant and promise is not to be performed vnto heretikes I neede not to describe the forme wordes vsed in defiances He that will reade the forme in time past vsed by the Romanes let him peruse d Lib. 16. c. 4. Aulus Gellius Later formes are reported in later histories much talked of by Heralds that claime that to be part of their office But litle seemeth it materiall to know that formes of defiances seeing in these times neither forme nor substance is strictly in this behalfe obserued Onely thus much Princes messengers that goe vpon this arrand of defiance are to take heede first that they passe not the words of their cōmission secondly that they vse no words of reproch or scorne It is reported that Frācis the 1. king of France would not heare the Herald sent him from Charles the 5. with defiance before he had caused a gibet to be erected to put him in mind what he should haue if he kept not himselfe within compasse In executing of wars this precept must diligently be had in remembrance that there be no crueltie vsed There is moderation euen in the executiō of iustice not onely in other actions of warre And Caesar in his victory against Pompei cōmanded his souldiers to spare the Romanes to delight in blood is signe of a sauage nature e Con. Faust The desire of doing hurt and crueltie in execution a mind also implacable and sauage is iustly blamed in warres saith S. Augustine those that yeeld themselues are not to be slaine Galba for that he slewe the Lusitanians after that he had taken them vpon composition was iustly therefore accused by Cato It is no victory to kil an enemie disarmed nor iustice to kill our prisoners in colde blood The execution done in the Generals chamber vpon the prisoners after the battel of Cognac an 1569. did greatly blemish his honor Who doth not detest the f Histoire de troubl de Fr. executions that haue bin done vpon men disarmed after cōpositiō at Mailè Mucidan diuers other places during these late troubles of Frāce yet may not prisoners vpon this libertie presume to abuse or attempt any matter against those that haue taken them for then they deserue no fauour Caesars souldiers at a Hirt de bel Hisp Munda in Spaine vnderstanding that if the Townesmen sallyed out vpō them their prisoners would charge them vpon their backes were forced to massacre them likewise were the English forced to kill their prisoners after the battell of Poytiers fearing least they should vse some trechecie when the enemie made shewe to assayle them b Que ningun soldado mate muger ninno vieio ni person inhabil aunque sea en la furia del vincer so pena de la vida ni ponga la mano in tales personas Sancho de Londono Women children and old folkes by the orders of warre obserued nowe in the Spanish campe are exempted from the souldiers furie in the sacke of Townes The present French king deserueth great prayse for suffering the poore and impotent people of Paris to passe through his armie although it were much to his preiudice practice of armes required percase other rigour as appeareth by the crueltie executed by Caesars souldiers at Auaricum and the Sea townes of France on such kind of people thereby to make the besieged eyther sooner to yeelde or to spend their victuals but this best beseemed a Christian king The Turkes saue such for slaues Christians therefore ought to doe that for conscience which Turkes doe for gaine Of this discourse this is the summe that those c What warres are lawfull warres are iust and lawfull which are made by the soueraigne Magistrate for lawfull and iust causes being both orderly denounced in cas● requisite moderatly prosecuted to the end that iustice may be done and an assured peace obteined In which case it is lawfull for any man with good conscience to serue in warres but if the warres be notoriously vniust let euery man take heede howe hee embrewe his handes in innocent blood The Christian souldiers that serued Iulian the Apostat would not drawe their swordes against Christians although they willingly serued him against all others Yet doe I not make priuate men iudges of Princes factes but what neede any iudgment where the facte is euident and who shall answere for men that execute Princes wicked commaundements before Christes tribunall seate if the iniustice of warres be not notorious the subiect is bound to pay and serue and the guilt shall be laide to his charge that commaundeth him to serue A good man may serue sayth d August lib. 22. con Faust Man c. 7. Saint Augustine vnder a sacrilegious Prince where the iniustice of the commandement shall bind the Prince as the duetie of obedience doth make the souldier innocent
should be dispersed in villages when the enemie is at hande and cabines are not so soone built nor is stuffe in all places to bee founde to builde them with The Romanes to euery hundred had both cariages and tents assigned For want whereof our souldiers are seldome well lodged especially in marching and yet are they long about it And where they lye by reason of their cutting downe of woods they leaue marks of their being there many yeeres after Without spades mattocks axes baskets and such like instruments the souldier can neither enclose his enemie nor fortifie himselfe and therefore as very necessary things are such instruments to be prouided as also whatsoeuer is necessary for passing of riuers assalting of townes and other faites of armes I neede not make mention of horses of seruice seeing euery man knoweth what difficulties an armie destitute of horsemen susteineth That which shal be sufficient shal be spoken when we come to speake of horsemen Onely now I will admonish Gentlemen to haue more care of keeping races of horses because in case of present necessitie they that haue them not of their owne shall hardly obteine them of others The last thing that I am here to speake of is first to bee thought of I meane prouision of victuals without which men can neither liue in warres nor in peace It is a faint fight that hungersterued souldiers doe make In a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph. exp Cyr. 1. warres without things necessary there is neither vse of souldier nor captaine He that b Qui frumentū neçessariumque cômeatum non parat vincitur sine ferro Veget. lib. 3. c. 26. prouideth not victuals beforehand is ouercome without drawing of a sword Against other mischiefes there are remedies but there is no wrastling against hunger Want driueth men to their wittes end When the Lacedemonian souldiers were straited their Generall writ thus to the Magistrates the c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1. souldiers are sterued for hunger what shall we do The two d Liui. 23. Scipioes writ to the Romane Senate that without supply of victuals their army must needes dissolue And Caesar e Caes bel Gal. 7. told his souldiers that were determined to retrayte that without their cariages where their victuals were they could no furth●r doe seruice against the enemie And therefore victuals must be had ready it is too late to seeke for them in Villages when the hungry souldier is ready to sterue Caesar f Re frumentaria comparata castra mouet bel gal 2. would not once moue towarde the enemie before he had his prouision with him g De obsessione non priùs agendum consticuit quam rem frumentariam expedisset Caes com bel gal lib. 7. Nor would he resolue to besiege any towne before he had taken order for sufficient victuals for his army His vse h Vbi instabat dies quo die frumentum militibus metiri oporceret Caes com 1. 6. bel gal was to deuide victuals to euery company for certaine dayes beforehand The garrison townes of the Romanes were furnished with wheat vineger bacon barley and straw for a yeere beforehand as Capitolinus sheweth in the life of Gordian The reason is laide downe by Tacitus that i Vtaduersus moras obsidionis annuis copiis firmentur Tacit. annal they might be stored with prouision against long sieges The Colonies which were peopled with Romanes and placed as gardes and propugnacles against their enemies were stored with all things necessary How our souldiers were furnished in Flanders and Portugall I report me to their knowledge that endured those seruices Beeing no better furnished it is not to be marueiled ●hough they kept no better order k Disciplinam seruare non potest ieiunus exercitus Cassiod 4. Var. lect c. 13. Hungry souldiers are hardly kept within the compasse of lawes The belly as is commonly sayde in this case hath no eares The cause of all such miseries in warres are diuers first want of care and good proceeding then niggardise and miserie thirdly fraude and deceite last of all impunitie Which are not to be redressed but with contrary proceeding and folowing the precedents of ancient warriers The Romanes gaue to their Generall both treasure and authoritie sufficient to prouide things necessary for the army They brought victuals into the army sufficient and for feare of want layde vp abundance in garners and storehouses in strong places neere to the countrey where their army soiourned Opposing their forces against Annibal they chose a Liu. 21. Clastidium for their storehouse Caesar in the wars against thē of Auuergne brought all his prouision to b Caes bel gal 7. Nouiodune because it lay neere The Romanes caused their ships of victuals to discharge at c Eo omnes ex Italia one●ariae naues dirigebant cursum Liu. l. 37. Chios in their warres against Antiochus He chose Lysimachia for the place of his store For the warres of d Liu. l. 44. Macedonia they made their prouision in Thessaly e Caesar c●rtis locis horrea constituit frumentum conquir● iussit de bel ciu 3. Caesar had his garners in conuenient places to supply his army in his warres against Pompey Pompey brought all his prouision to Dyrrhachium Asdrubal entring f Fines hostium ingrediens frumentum commeatusque in vrbem Asenam conuexit Liu. 23. Spaine caried all the victuals and store of the countrey into Asena and Scipio likewise landing g Horrea noua aedificata vete●a á Scipione repleta frumento ex population bus commeatu Siculo Liui. 29. in Afrike made newe storehouses and filled both new and olde partly with victuals sent out of Sicile and partly with those which hee got by the spoile of the countrey When a strong army commeth into any countrey it is no masterie for the same to finde h Formidine populationis obsides frumentum aalia quae vsui forent affatim praebita Salust bel Iugurth victuals forrage either by feare or force But the companies sent into France and Flanders being so weake it was no marnell if they pined being pend vp or confined within some garrison the enemie being alwayes stronger without For the assurance of our victuals that come vnto vs garisons would be placed in conuenient distances Caesar in the warres with the i Peditū 10000. sibi celeriter mitti voluit quò expeditiore re frumentaria vteretur Caes bel Gal. 7. Auuergnacs vsed 10. thousand Heduans to this purpose Neither would he suffer any k Vellaunodunum ne quem post se hostem relinqueret quo expeditiore refrumentaria vteretur oppugnare instituit ibidem towne to remaine vntaken betwixt him and his victuals For the fetching in of victuals a conuenient power of horsemen would be sent forth seconded with footemen to forrage and range the countrey Besides this the army would haue diuers cariages laden with
thē their insufficiencie Lewis Sforsa passing ouer diuers men of accompt reposed all his trust in c Guicciar lib. 4. Galeaz Sanseuerin a man of small desert Leo the 10. for kinred sake woulde needes employe Lorence Medici in his warres with the Duke of Vrbin both which spedde alike Which examples with diuers other of our time which I will not mention least any man might thinke himselfe interessed thereby may moue vs to haue more care what Generals we doe employe in such seruices In other matters albeit fauour may take place yet sure least ought it to swaye in choyse of the General Nothing is more dangerous then the euill successe of warres What reason therefore haue Princes to chuse d Summo periculo summus quaerendus imperator vt summo periculo summus gubernator Liu. lib. 24. weake men Gouernours of greatest matters in warres seeing as in Sea causes men in greatest dangers are woont to make choyse of most skilfull Masters and Pilots Or what impudencie is it for a man to take charge of a Shippe that cannot see but by others eyes nor iudge but by others direction And why not likewise may they be e Impudentem gubernatorem imperatorem esse qui cum alienis oculis ei omnia agenda sint postulet sibi aliorum capita ac fortunas committi Liu. 26. accompted shamelesse that take vpon them the charge of mens liues and goodes which haue no iudgement but by others report and direction Of the weakenesse of Generals proceede contentions betwixt the chiefe commaunders delayes needelesse expenses disorders disgraces and the ouerthrowe of Armies and States And more shall an armie of Harts doe guided by a f Plutarch Lyon then an armie of Lyons ledde by a fearefull Hart. Caesars g Caes comment bel gal 5. inuincible olde souldiers were ouercome by the cowardise of Sabinus their leader yet such was the skill of Caesar that he could vse young souldiers and obteine great victories by small forces Marcellus with the reliques of the Romane armie ouerthrowne at Canne gaue vnto Annibal a great repulse The Romanes vnder the leading of C. Martius Coriolanus h Volsci duce Martio Coriolano vincentes ostenderunt ducibus potiùs quàm exercitu rem Rom. supetiorem ●●sse Liu. ouercame the Volscians when the same man exiled vpon displeasure against his Countrey tooke on him to leade the Volscians they diuers times preuailed against the Romanes Which sheweth what moment a skilfull captaine bringeth towarde the obteyning of victorie And in the warres which the Romanes had against the Latines the forces being equall yet the Romanes preuailed by the good direction of their Generall Fabius whose gouernment was such that all men confessed as a Liu. 9. Liuy reporteth that what side soeuer should haue had him for their leader the same must needes haue preuailed In the battell of the Romanes against b Pyrrhus non Epirotae tomanos vicit Fabritius Plutar. apophth Pyrrhus king of Epeirus nowe Albany Fabritius acknowledged that they were ouercome onely by the skill of Pyrrhus more then by the force of his armie And contrariwise little accompt is to be made of an armie that wanteth direction Caesar feared not as himselfe c De bel ciu lib. 1. reporteth the olde companies of Spaine although otherwise much to be esteemed because he knewe their Generals Petreius Afranius to be men of no merite nor skill I haue my self heard some Spaniards greatly complain of the defectes of the Duke of Medina Sidonia the Generall of their Nauy when they came vpon our coast And although God was the authour yet I doubt not but that was some good meanes of their euill successe Wherefore if Princes looke for good successe in their warres let them without affection and partialitie make choise of a sufficient Generall religious skilfull couragious and adorned with such vertues both for warre and peace as the importance of the matters which he manageth requireth In a Generall first I require religion for if the Gentiles did suppose that those affaires succeeded best vnto them which they d Ab Ioue principium Arat. Phaenom began in Gods name shame it were for Christians to haue a worse conceit of that matter And if all other matters sure the hazardes of warre require religion in the chiefe directors God he is Lord of Hostes and giuer of victories and sure it is not probable he will giue it to those that aske it not at his handes God prescribed certaine exercises of religiō to his people in their wars before them he would haue the Priestes to sound certaine siluer Trumpets Constantine had all exercises of religion in his campe and so proued most victorious The Spaniards in their warres assigne to euery Tertio or Regiment certaine Priestes What should I speake of those that make profession of religion seeing the e Xenoph. exped Cyr. 1. Greekes did seldome attempt any dangerous seruice but their captaines first consulted with their gods f Cic. de Natur. deor Cicero doeth attribute the good successe which the Romanes had in their warres to the religious care they had of the obseruance of holy ceremonies and religion Whatsoeuer mishap came vnto their State or Armie they ascribed the same likewise to the neglect or contempt of religion They esteemed that to be the cause of their ouerthrowe at a Liu. 5. Allia by the Gaules at b Liu. 2.2 Thrasimene by Annibal and in diuers other vnfortunate incounters Machiauels diuinitie that thinketh religion in men of warre foolerie and proposeth that impious Atheist Caesar Borgia for a paterne to a Prince that aspireth to be great to be followed was detested euen of the barbarous nations which in warres attempted nothing but with religious ceremonies as Tacitus and Caesar declare in the Gaules and Germanes and Herodotus and Thucidides in the Thracians and barbarous people Wherefore let the Generall be religious and a mainteiner of religion and forbid blasphemies and other impieties too too common in the common sort if hee expect the fauour of God and good successe in his affaires The Generall ought further to haue knowledge and iudgement in matters of warre The same is the speciall and most proper ornament of a General in c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist polit li. 5. c. 9. whom the same is more respected then all other morall vertues C. Fabritus in the dangerous warres the Romanes had against Pyrrhus in labouring that d Aul. gel l. 4. c. 8. Cornelius a man rauinous but very expert in warre might be chosen Consull or Generall declareth that the skill and experience of a valiant Captaine couereth other faultes This knowledge and iudgement hath many branches the Generall ought to vnderstand as well the enemies estate as his owne he ought to knowe what forces and what prouision of armes horses carriages victuals and other furniture and munition will be sufficient and howe he is to haue the same he
ought to take heede of the enemies trappes to knowe howe to marche or e Imperatorij muneris est castris locum capere cōmeatus expedire ab insidijs praecanere tempus pugnae eligere aciem instruere subsidijs firmare Liu. 9. lodge safely howe to fight with aduantage where to employe horsemen where shotte where other sortes of weapons and to vnderstand the aduantages of all sortes of groundes he hought to vnderstand the times when to fight and advantages of weather and Sunne he ought not to be ignorant of any stratageme of warre nor of treaties and conditions of truce or peace least as our auncesters in time past did he loose by sleight that which before he had wonne by force finally in defending or besieging of Townes in assaultes escaladaes drawing of trenches mines making of batteries forcing or defending of passages of riuers or straytes he may not be ignorant of any point of warre proposing to him selfe the example of Iulius Caesar a man in all faites of armes most skifull Whose iudgement was such that a Hirt. de bel African sitting still in his Tent in his campe at Ruspina hee knewe what the enemie would doe or could doe and prescribed what was to be done against him And deigned not to looke out when Scipio made shewe to assault his campe This knowledge bringeth with it consideration and foresight Both which ought to bee in the General that least hee want things necessarie this least he runne into the snares layd for him by the enemie Of Aemilus b Aemilius dies noctesque intentus ea sola quae adid bellum pertinerent animo agitabat Liu. 4.4 Paulus it is reported that being chosen General for the warres in Macedonia his minde was wholy bent on that seruice so that he gaue himselfe no rest neither night nor day Captaines in c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diodor. Si cal warres must looke both forward and backward and euery way whence any danger or aduantage is toward For in warres d Non licetin bello bis peccare euery error in mortall Many doe more matters by sleight then by force Charles the fifth e Froissart of France did more represse the force of the English nation by practice then by force The Lacedemonians when their leaders preuailed f Plutarch gainst their enemies by counsell and stratagemes sacrificed an oxe when by open force a cocke onley The next vertue required in a Generall is g Virtutes imperatoris praecipuae labor in negotiis fortitudo in periculis industria in agendo celeritas in conficiendo consilium in prouidendo Cic. pro leg Manil. courage and speede to execute that which is wisely determined For vented counsels and vented wine doe foorthwith loose all good tasle And cowardly captaines discourage valiant men that suppose the danger to be as great as their leaders take it h Caes bel ciu 1. Domitius had no sooner determined with himselfe to flie away from Corfinium but the souldiers lost courage The cowardise of Crassus the i Appain bel Parth. rich gaue occasion to the great ouerthrowe which the Romanes had giuen them by the Parthians The faint heart of Titurius Sabinus charged by k Cas bel gal 5. Ambiorix made his souldiers faint Contrariwise resolute men giue courage to their souldiers and restore battels almost lost Caesars couragious heart occasioned the victorie against Pompeyes sonnes at Munda King Richard the third had almost hazarded the matter at the iourney of Bosworth if hee had but had three hundred men like him selfe the field had beene his But because his cause was not good it pleased not God to giue him the meanes l Iugurtha praelio strenuus erat bonus cōsilio quod difficile est nam alterum ex prouidentia t●morem alt●rum ex audacia plerumque temeritatem efficit Salust bel Iugu● Iugurtha is by Salust commended both for prowesse and counsell Nothing doeth more auaile in warres then the example of the General He is a cowardly companion that dareth not to doe as he seeth his Generall doe Valerius Coruinus vsed no other incouragement to his souldiers then this that they should a Facta mea non dicta sequi volo nec disciplinam sed exemplum à me petere Liu. 7. imitate not his wordes but his deedes and do as they sawe him to giue them an example Not that the Generall ought lightly to hazard his person for that were great temeritie or vexe himselfe with labour for that were vaine but that hee ought to shewe himselfe alwayes couragious in dangers and forwarde in labours No lawes nor precepts can doe herein more then the Generals example The Romanes folowed b Lucan Cato through the drye and hotte sandes of Barbary and shame made Xenophons souldiers march vp the hill seeing him goe before them Neither hath any thing more animated the French Kings souldiers of late then the example of so valiant a Prince leading them They that haue skill and resolution in matters of warre cannot chuse if God be pleased but haue good successe and authoritie For what man wisely laying his plot and resolutely executing the same can fayle of his expectation or want an honourable reputation both with his owne men and with the enemie c Foelicitas rerum gestarum exercitus beneuolentiā imperatoribus res aduersae odium conciliant Caes de bel ciu lib. 7. And therefore what neede precepts of these matters which is deede are rather in the power of others then of our selues and followe of those vertues which before I haue spoken of There are also other vertues required in a Generall which although they be not so necessarie as the former yet for the execution of matters are very requisite and profitable as namely iustice liberalitie courtesie clemencie temperance and loyaltie Iustice is an ornament both in warre and peace well beseeming all Gouernours but especially the Gouernours of armies It is profitable to reteine the good willes of our associates necessary for the winning of the good will of our owne souldiers The same hath vse as well in respect of enemies as friendes The Faliscians besieged by Camillus moued rather with the opinion of his iustice that sent backe vnto them the Schoolemaster that deliuered into his handes the youth of the Citie then by force yeelded their Citie vnto him Pyrrhus did neuer offer to treate of peace before the Romanes had sent him backe that traytour that offered for a certaine summe of money to empoyson him d Iustè non minus quàm fortiter bella gerimus Liu. lib. 5. Warres are to bee gouerned not by crueltie but by iustice When a Cic. offic 1. Pausanias in the Peloponnesian warre dealt rigorously with his associats they al forsooke him Which also happened to the Athenians in the same warre for like cause And who doth not hate the Spaniard that seldome suffereth men of qualitie that come in his power
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 secōdo 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 mā might not doe his countrey seruice without commission The a Salus reip ●●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 commō 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 executiō of al these matters appertaineth especially to the direction of the General And now we haste to speake of such matters as cōcerne rathe the managing of warre then questiōs 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
seeme answerable yet for his lewd maners hee proueth for the most part vnprofitable and is therfore to be repelled or blotted out of the rolle In a souldier therefore I require first a Vt audaces sint animum habeant considentiam militarem Veget. lib. 1. c. 8. a vigorous and present mind and that he be not afraide of danger nor drawen swordes nor that hee despaire in trouble or thinke of death before it commeth nor yeeld though cast downe so long as by any possibilitie he may hope to rise againe Constancie also and resolution is much by b De bel ciu 3. Caesar commended and the only thing that atchieueth great enterprises For many are the hazards of warre and things succeede not alwayes at the first Without obedience and obseruance of military orders all other vertues are without effect Let the souldier therefore be obedient and quiet Those that c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutar. in Agid. Cleo. are most obedient to lawes prooue for the most part most valiant against the enemy It is a principall marke of a valiant souldier if he dare do what he is commanded by his superiors Contrariwise they that are mutinous against their gouernours and are euer bragging as if warres consisted in words only are seldome good souldiers or braue men in triall Souldiers would likewise be of quiet behauior and temperate in their diet There is no vse said d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph. exped Cyr. 2. Clearchus of an army that is riotous and out of order I would likewise wish that souldiers were religious and thinke it very requisite if it might be obtained The very Pagans did nothing before they had consulted with oracles or sought to knowe the pleasure of God by e Nil nisi auspicatò gerebant Xenop exp Cyr. 2. Cic. de natur deor 3. birdes or entrals of beastes for that was their ignorance and beleeued that al euil successe in their warres came to them for neglect of religion Gods worship How much more then ought Christians to be religious There is nothing that more confirmeth the souldiers mind then when he is perswaded that God fauoreth him the goodnes of his cause nor worketh more assured resolution to die then when men vnderstand they go to a better life Contrariwise men of a bad conscience are alwayes timorous and doubtful I know blasphemers swearers and Atheists wil laugh at this rule But what wonder when they laugh also at God and religion these men will one day weepe for their laughter I pray God that others suffer not for their Atheisme and contempt of religion Finally souldiers would be more desirous of praise thē of gaine Such doth Xenophon report Cyrus his a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenop exped Cyr. 1. souldiers that followed him against Artaxerxes to haue beene And no small commendation is it in souldiers to be afraide of reproofe and desirous of honest report Men of honest condition shamefast while they b Honestas idoneum reddit militem verecundia dum prohibet fugere facit esse victorem Veget. lib. 1. are ashamed to fly win the victory win to thēselues the reputatiō of good souldiers Swearers the eues rogues whoremongers drunkards do better become the gaole then the campe And our c Non ca constantia gladiatoribus ad praelia quae militibus Tacit. 18. great cutters hackers in the streets of London are seldome great hackers of the enemy The third point which we are to respect in the choice of souldiers is the trade of their liuing although not in equall degree with the other two For many to win themselues a liuing are oftentimes driuen to follow base occupations that otherwise are couragious of a liberall dispositiō haue bodies fit for labor So that although the Spartans and d Opificum vulgus sellularii minimè militiae idoneum genus Liu. 8. Romanes refused such for souldiers as exercised manuall occupations and kept shops yet do I not thinke they deserue generally to be refused but onely such of them as be weake tender and effeminate All those that are hardened with labour as e Ex agricolis viri fortissimi Cato de re rust Veget. lib. 1. husbandmen for the most part and those that can sufferraine heate and cold and vse to fare hard and lie hard and sleepe little prooue braue men Our yong gentlemen seruingmen are easily trained made fit for the warres But of al others the old souldier if such may be had of what trade soeuer he is deserueth the first place They are so farre to bee praised aboue young souldiers as artificers excell their apprentises A handful of tried souldiers hath oftē put to flight multitudes of men not exercised in warres contrariwise seldome do yong souldiors abide the chamaillis hammering of armes Caesars old souldiers were inuincible And Annibals tried souldiers of Affrike of which nation now no reckoning is made did giue diuers foiles to the Romans these being vnexercised those hauing bin long indurat in wars It were therefore to be wished that more accōpt were made of valiant men that haue long serued their prince country in the choise of yōg souldiers it is sufficiēt if the former rules be obserued CHAP. IIII. Part. 7. Of the Othe of a souldier SOuldiers enrolled armed and furnished would in case orders of warre were obserued bee charged with an othe that they should come to the place at time assigned and faithfully serue their Prince and country liuing in obedience to their gouernours and superiour officers and those military lawes which are by the General and his counsel or the estates of the realm ordained for the good gouernement of the army This was vsed by the Romanes Athenians and other warrelike nations in time past and is not now in our times thought inconuenient The a Licurg in orat aduersus Leocrit Athenians when they came to military yeares and were enrolled in the moster rolles did sweare that they would neither dishonour the profession of armes nor forsake their array but woulde defend their country and enlarge the honour of it to their vttermost power The same is reported yet more particularly by b In Demost ora 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vlpian who sheweth the place the manner and effect of their othe and that in the temple of Agraulos they came and swore hauing their armes on that they would fight for their country The wordes as Pollux hath them are in effect thus much I will not said he that swore dishonour the profession of armes I wil not forsake my Captaine I will fight for the religion and lawes of my countrey in array and alone I will saile whither I shall be appoynted I will obey lawes and not suffer them to be abrogated I will obserue the religion of my countrey and so let God helpe me and defend me Gellius out of Cincius his bookes of
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
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
equitum ibat Tacit 13. marched in his voyage against the Parthians as was both for the marche and fight most safe and fit in the right side marched the thirde Regiment the sixth on the left and the tenth in the midst the carriages were placed betweene the Regiments a thousande horse followed for garde of the Rierwarde vpon the winges were the rest of the horse placed and by them the archers and light armed footemen When the blacke h Froissart Prince marched into Spaine his armie was deuided into three partes vpon the winges marched the horse the archerie being then wel armed made the body of the battaillions The weakenesse of the armies of our time proceede of contempt of military arayes and orders The French among their footemen haue fewe or none armed Before the encountre at Rocheabeille Anno 1569 a Hist. de troubl de Fr. l. 7. the Protestants marched thus the horsemen made the Auantgarde on either side marched certaine troupes of shot seconded by horsemen after the vantgarde followed a battaillion of lansquenets and in front of them were drawne eight field pieces after them followed diuers Regiments of shot representing the battell and on the side thereof another battaillion of lansquenets with some other pieces That which was the strength of the army that is pikes and halberds and targets armed was wanting and shot placed where if they had bene charged they could haue done no seruice Oft times the Vantgarde marcheth and lodgeth so farre from the rest of the partes of the army that it is no hard matter for a vigilant man of warre to cut one in pieces before the other can come to succour This b Hist. de troubl de Fr. was the death of the Prince of Condè and ouerthrow of his auantgarde at the battell of Cognac And the same was the ouerthrow of c Appian de bel Parth. Crassus by the Parthians for his sonne was so farre auanced before the rest of the army that before he could be relieued he and his troupes were defeated And in our times some great commaunders albeit they had but fiue or sixe thousand yet would they needes make three partes forsooth which is the cause of the weakenesse of the whole the Captaines lieuetenants and sergiants which are a good part of the strength of the army stand for the most part out of ranke and will all take vpon them to be leaders because of contrary commaundements no man can tell where to goe while commaunders striue together there is great contention and noyse made And finally a great matter made of nothing and nothing made of all their seruice and matters very easie made difficult For if the army be a body then euery souldier ought to be taught that he may knowe howe to stand in his place as euery member is placed in the body But we haue saide ynough of the aray now therefore let vs talke of the proceeding of an army CHAP. VI. Part. 2. Wherein is declared by what meanes an Army may march safely in the enemies countrey and ouercome all difficulties whereby either in champion or wooddie grounds or els in the passage of riuers or hils and straites the same may be disordered or hindered BEside the common aray of the army in marching which we are as nere as we can to endeuour to vnderstand and keepe if we meane to marche assured we are also to learne the estate of the enemie the site of the countrey where we do marche and how the ordinary aray is to be changed according to the diuersitie of the grounds to the ende that wee may both in champion and in wooddy grounds and also ouer riuers and hils passe safely Chabrias the Athenian captaine a Plutarch Apopth said he deserued not the name of a General that vnderstood not the estate of the enemies And of b Liuy 22. Annibal Liuy giueth report that he vnderstood what was done in the enemies campe as well as themselues The enemies purposes and estate we vnderstand partly by the examination of prisoners taken partly by the report of such as flie from the enemie vnto vs but most assuredly by our owne espials and discouerers which either goe disguised among the enemies or els in warrelike sort approche his lodging or army to see what countenance he hath The situation of the countrey is vnderstoode partly by cardes truely representing the hils straits and riuers and partly by report of the countrey people examined seuerally but most exactly by men of iudgement frō some hie place viewing it c Xenoph. exped Cyr. 1. Xenophon enquired and learned of such prisoners as he had taken both the estate of the enemies and the diuers wayes wherby he might returne into Greece by the same also he vnderstood the situation of the countreys and maners of the people by which he was to passe with his company Ring Edward the d Froisart thirde being in paine to passe the riuer of Some in France by the instruction giuen him by one of his prisoners vnderstood of a foord The Romanes by the examination of diuers prisoners taken in Afrike vnderstood all the proceedings of the enemies Yet must not we giue too great credite to such for subtil persons do often dissemble and desperat villeines wil not sticke to lead vs into trappes Diuers of them therefore are to be examined seuerally streitly and not to be beleeued vnlesse they consent and speake probably a Caes de bel ciu 2. Curio lightly examining a prisoner concerning the force of the enemie was greatly abused and pursuing the enemie vpon his report was himselfe and his companie ouerthrowne Many things are likewise vnderstood by relation of those that flie vnto vs from the enemie By such kinde of men the b Per transfugas cognitum est quos leuitas ingeniorum ad cognoscendas hostium res in omnibus bellis praebet Liui. 31. Romanes discouered the preparatiues of the king of Macedonia against them Annibal partly by such and c Annibalem nihil eorum quae apud hostes gerebantur fallebat perfugis multa indicantibus per suos explorantem Liui. 22. partly by his owne diligence searching out matters continually by his espials vnderstood whatsoeuer the Romanes did King Edward the 3. by Robert of Artois that vpon some displeasure was driuen out of the Court of France vnderstood diuers secrets of that state as also by Godefry d'Harecourt the erle Momfort that fled to him out of Britaine Yet may we not giue light credence to all their words Percase they vnderstand not matters well or els deale doubly d Transfugis non fidens Syllanus speculatores ad hoftem misit Syllanus therefore in Spaine beside the report of those that fled from the enemie sent his espials to see what the enemie did And Annibal vsed to keepe them diligently that reported any thing that if the reports were found vntrue they might be punished The e
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 commandemēt 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 exe●cituu●● 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
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' ●●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 Burgūdy 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 Protestāts 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
wee are to looke that the conditions of peace be reasonable If we contend about limits townes or countreys it is no honor to loose our right if we haue wrong done vnto vs it is no reason we should rest without satisfaction But because conditions are diuers according to the causes of warre the times and persons that contend and diuers other circumstances therefore that is to be referred to the iudgement of those that are employed in such affayres Whose chiefe ends should be the maiesty of God the honor of the Prince the safety and profit of their countrey But most especiall care is to be had that the conditions be performed without which all the treaty is nothing but a vayne shewe of fayre wordes This I commend as a specall matter to be considered of our nation who although many times they were victorious in the fielde against the French yet seldome could match them in conclusions of peace and also because it is a hard matter to assure conditions of peace The contempt of religion and true honour and griedy desire of gayne haue brought not onely promises but also othes into such contempt Yea some regard neither hostages nor pledges so they may take a good aduantage The a Histoir de troubl de Fr. l. 3. French Kings of late yeeres did so often breake with the Protestants that they litle regarded either their worde or their letters patents The ordinary meanes to assure the conditions agreed vpon in treaty of peace are diuers first worde or promise then writing and seale thirdly pledges of townes which the Protestants of France haue found to be the best assurance and we haue chosen for the assurance of the contract betwixt vs and the Low countrey Charles b Guicciar li. 10. the fifth would not trust Clement the seuenth for all his paternities holines without pledges Fourthly hostages of which King Edward the third accepted for confirmation of the peace agreed betwixt him and King Iohn of France The same is an olde practice and was vsed both of the Romanes and Carthaginians and other nations But forasmuch as those that list to c Nunquam causa deerit cur victi pacto non stent Liu. 9. quarrell neuer want pretense I see no other assurance of peace then either so to vse the enemy that hee can not if he would hurt thee or els to haue armes in hand that he can neuer breake without losse or disaduantage To auoyde quarrels and to take away al iust cause of brable it were good that the conditions were conceiued in good termes and set downe in writing confirmed with the seales of the Princes or States whome it concerneth Giulio the twelfth tooke d Guicciar lib. 8. exception against an Article agreed vpon betwixt him and Lewis the twelfth for that it was not written And e Guicciar lib. 2. Ferdinand of Spaine by cunning interpretation of wordes did directly contrary to his agreement with Charles the eight of France Further if any doubt should arise power would be giuen to some Prince that hath honor in recommendation and power to compell the froward to obey both to interpret the wordes and also to see the agreement performed Lastly as by conditions we couenant what should be done so likewise in case of contrauention there should penalties bee set downe Howsoeuer penalties be set downe wise Princes doe not only forecast howe to cause the enemy to performe conditions but also how in case he should breake promise he may be forced The same considerations that are vsed in treaty of peace haue also place in treaties concerning truce and confederacies For truce is nothing but a surceasing of hostilitie for a time the causes of warre hanging still vndecided whereof peace is or ought to bee a finall conclusion But peace is made sometime where there is no confederacy For this is among associates and friends that may be made betweene enemies The conditions of peace and confederacies are diuers according to the condition and state of the parties that are made friends Those that are vanquished whose case is a Vae victis Brēnus apud Plut. in vita Camilli most miserable are not to refuse any conditions as a certaine Spaniard perswaded the Saguntins Scipio offered peace to the Carthaginians with these conditions first that they should redeliuer vp all prisoners of warre which they had taken likewise all b Transfugas Liu. 3● reuolters and fugitiues secondly that they should withdraw their forces out of Italy and Liguria nor afterward meddle with Spaine nor the Ilands betwixt Afrike and Italy thirdly that they should deliuer vp all their shippes of warre twenty excepted and should pay 500. measures of wheate and 3000. of barly fourthly that they should not make warres either in Afrike or out of Afrike without license obteined of the people of Rome fiftly that they should restore to Massinissa such things as they had taken from him and should pay the souldiers and finde them victuals vntill a certaine time sixtly that they should deliuer vp their Elephants and in time to come tame no more seuenthly that in 50. yeres by equall portiōs they should pay 10. thousand talents lastly for performance of these couenants they should giue a hundred hostages neither yonger then 14. yeres nor aboue thirty yeeres of age if these things were performed then the Romanes promised that the Carthaginians should liue free according to their lawes and possesse such cities and countreys in Afrike as they held before the beginning of the warres When the Romanes had vanquished the a Liu. 8. Samnites they imposed vpon them a tribute tooke from them some of their country enioyned them to furnish them with so many souldiers as was agreed vpon betwixt them Which conditions with others were also imposed vpon Philip b Liu. 33. of Macedonia and Antiochus c Liu. 38. king of Syria The d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid. 1. Thasians hauing long contended with the Athenians after three yeeres siege yeelded had peace vpon these conditions that they should pull downe the walles of their city and deliuer vp their ships of warre pay such summes of money as were due before that time forthwith afterward their ordinary tribute as it should be due and finally that they should forgoe their mines of metall possessions they had in the mayn land Those that were vanquished by the Romans as they were bound to helpe them so might they not either oppugne their associats or ayd their enemies with men mony or victuals albeit the same were not expressed in the articles of agreement If they did they prosecuted warres against them For that was the cause of the warres both e Liu. against the Carthaginians and Nabis and Philip of Macedonia and diuers other When Princes or people of equall power ioyne in league confederacy the conditions are more equall Such were the agreements that passed betwixt Lewis f Philip.
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 s●ldado p●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 d● drision por la seconda vez sesenta de mas de ser trahido a la verguenca c●n vna mordaza a la lengua y por la tercera puesto en Galera perpetua ●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 ning●● 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 ningu●● soldado tenga in casa muger s●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.