cowards and disorderly persons 21 In the last Chapter for that our souldiers are for the most part raw and ignorant and would haue things expressed and taught them plainely I haue gathered together certaine militarie orders some concerning religion manners others concerning especially tending to the common safetie of the state armie or garrison or els concerning the speciall dueties of captains or common souldiers others respecting the campe or towne of garrison others specially belonging to sea causes and aduentures at sea others to the Officers of the army or fleete others concerning booties spoyles and prisoners and some concerning the execution of lawes and administration of iustice out of which I would haue so many as are fitting for the seruice in hand to be chosen out and put in writing and proclaymed openly and deliuered vnto euery captaine or colonell that euery man may vnderstand some part of his duetie and what punishment is due for his offences These things I haue for thy sake not without great labour brought together and layde foorth in this forme which I haue declared Reade them therefore with indifferencie and weigh them with iudgement and say not this can not be so for I neuer sawe it the authoritie is drawen from those which haue seene more then thy selfe and standeth vpon better reason then without experience thou canst imagine if thou allowest and likest my reasons followe them and vse them if not yet proceede not against reason my only desire was to profit my countrey and to content and profit thee other boone or reward I craue none but that I doe not receiue at thy hands disgrace for my diligence nor reproofe or scorne for my good will which because common humanitie forbiddeth me to feare I will bid thee a dieu and begin to addresse me to my purpose ¶ The right practice proceedings and lawes of Armes CHAP. I. What causes make warres iust or vniust and what are the effectes of lawfull warres and what solemnities or circumstances are to be considered in defiance of our enemies and first attempts of warres IT is needelesse as I suppose to dispute whether it be lawfull either for Christian Princes to make warres or for christians to serue in warres Those that thinke it vnlawfull as men deuoyd of iudgement in religion and state are declared long since to be both heretical and phrenetical persons The lawfulnes there of is apparent for that most godly and religious princes as Iosuah Dauid Iehosaphat Iudas Macabeus were great warriers their warres so allowed that the spirit of God calleth them the warres or battels of the Lord neither was the same altered by Christes comming as the Anabaptists dreame The holy a Rom. 13. Apostle sheweth that the Magistrate carrieth not the sword in vaine But he should carry it in vaine if hee might not as lawfully repell publike force as he may punish therewith priuate wrongs Iohn Baptist when the souldiers came vnto him he exhorted them not to giue ouer their manner of liuing but to content themselues with their wages to do wrong to no mau b Act. 9. Cornelius the Centurion notwithstanding his souldiers profession hath a notable testimony of the holie Ghost to be a man that feared God and if he had not beene such hee had not receiued the holie Ghost The true seruants of God sayth S. c Ad Bonifac. Augustine make warres that the wicked may be restrained and goodmen be relieued Beside this what state in this notable corruption malice of mens nature could endure any time if warres against violent persons were vnlawfull without warres who can warrant vs against spoyle and iniury it is the law of nature and nations that putteth weapons in our hands for our defence without warres ciuill lawes against rebellious subiects cannot be executed and so should remaine without edge S. a Ambr. de offic Ambrose saith that it is the office and parte of iustice by warre to defend our country from the enemy our confederates and such as by reason of their weakenes neede our aide from spoylers and oppressors Wherefore taking this as granted that some warres are lawfull let vs proceede to examine what those things are that giue vs iust cause of warres which is a matter much to be regarded vnlesse we will be accompted among those tyrants that rage and vexe men without cause If the cause of him that warreth be good the issue cannot be euill saith b Bern. de nou mil. Bernard the c Frangit attollit vires in milite causa Ouid. cause as it is good or euill so either abateth and breaketh or whetteth the souldiors courage d causa iubet superos melior sperare secundos Lucan and good and iust causes make men hope ro receiue fauour of God in the issue and triall e Euentus belli velut aequus iudex vnde ius stabat ei victoriam dabat Liui. 21. the euent oftentimes is according to the iustice and qualitie of the cause and f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eurip Electr. seldome do they returne in safety that go forth to draw their swordes in euill quarrels Dionysius of g Lib. 2. antiq Halicarnassus sayth that the Romanes therefore preuayled for the most part for that they enterprised no warres without iust causes contrariwise the h Ius in armis ferebant Liu. 5. Gaules which accompted that iustly gotten which they could winne with their sworde though otherwise very valiant receiued many great foiles for this cause as sayth Philip of i Phil. Com. li. 4. Commines Princes when they list to quarrel with their neighbors pretend honest causes although oft times vntrue The French that with some colour they might receiue such as in Gascoigne or Guienne rebelled against the kings of this realme suborned certaine Gascoignes and Poicteuins to complaine of vniust taxations made by the English in the dayes of Edward the third and Richard the second And Lewis the eleueuth of France instigated certaine rebelles to complaine of k Philip of Commines Charles duke of Burgundie that vnder colour of doing iustice he might with more reason inuade his territories These pretenses shewes make great disputes betwixt princes and states while euery man will seeme to make his cause good and to do nothing without iust causes Let vs therefore now consider what causes are sufficient to iustifie the taking of armes what are counterfeit and insufficient First it is lawfull to vse â—orce and take armes in defence of our country true religion our goodes or liberty a Hoc ratiodoctis mos gentibus feris natura ipsa praescripsit vt omnem semper vim a corpore a capite a vita iua propulsarent Cic. pro Mil. Reason teacheth the learned and custome instructeth all nations thus much which euen the instinct of nature printeth in wilde and sauage beastes that it is lawfull to repell force offered to our life to our person and the
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
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
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 consâ—â—nce may we take armes when there is no safety for vs but in armes It is likewise lawfull to represse pirats and publique robbers by force of armes if they will not yeeld themselues to be tried by order of common iustice They are enemies of peace ciuil gouernment and by the lawes defyed and proclaimed as publike enemies of states their bodies may be taken and their goodes spoiled as in warres with other nations The warres made by the Romanes against Spartacus who assembling a mutinous route of rebelles and hindred al trade was iust and necessary in this c ff de iust iure L. fureÌ„ ad L. Corn. de sicar L. itaque case because such do rise and assaile vs vpon a sodaine the law of nature giueth warrant of defence without publike commandement or commission neither is it onely lawful to cleare the sea of pyrates but also honorable d Thucid. Minos made his name famous for that he cleared the sea of pyrats and opened the way for marchants which fact also procured great commendation to Pompey the Great Moreouer if our country be wasted and spoiled and our goods taken away by forreiners it is lawful by force and armes to seeke for restitution if otherwise it cannot be obtained Tully a Quod rebus repetitis geritur offic 1. accompteth that warre iust that is made after demand of things wrongfully taken vniustly deteined these quarrels often fal out betwixt borderers the b Romulus Albanis bellum in tulit quod eorum dictator nollet res raptas reddete Dion Hal. lib. antiq 3. Romans for this cause made diuers roades vpon the Sabins Volscians Albans and others their neighbors Tullus Hostilius had no other causes of his warres against the same people This hath bene the beginning of many contentions betwixt vs and the Scots of the warres betwixt the c Liu. 1. Romans and Sabins there was no other cause but the spoile of the Roman marchants among other causes of the third warres of the d Flor. Epir. Romanes against the Carthaginians the taking of certaine shippes and spoiling of certaine Marchants is alledged as principall The Switzers beganne their braules with the Duke of e Phil. Commin Burgundy for a loade of skinnes taken away by the Countie of Romont likewise it is where at a sodaine roade our goodes are spoyled or driuen away and deteined from vs. for which cause the Romanes warred vpon the f TarquinieÌ„sibus rebus nequicquaÌ„ repetitis quod agrum Rom. populati essent bellum indictum Liu. 7. Hetruscians diuers of their neighbors Iust cause therefore haue wee also in this respect to make warres vpon the Spaniard that without destance of warre stayed our shippes and our marchants and spoiled their goodes were not mens minds â—â—oled and almost frozen with feare and age these iniuries would inflame them howsoeuer it is men ought not to stay vntill the flames of our country enflame them In this case those that first offend do giue iust cause of warres not those that seeke restitution by armes as is euident g Liu. 1. by the example of the Romanes and Albans where the first iniury being offered by the Albans made inst the cause of the Romanes Yet if things taken away be offered againe and satisfaction be promised to bee made for wrongs done it is not iustice nor reason further to prosecute the quarrel begunne it seemeth not reason saieth h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thucid 1. Archidamus to prosecute him by force that submitteth himselfe to order of lawe and commonly those that refuse reason when it is offered come afterward to wish they had taken it when they can not haue it The French disdaining and scorning the great offers made by the blacke Prince were shamefully by him ouerthrowne at the fielde of Poytiers The i Non suae redditae res non alienae accumulatae satis erant Liu. 9. Romanes refusing the satisfaction made by the Samnites receiued a notable disgrace being by composition disarmed to saue their liues at the streites of Caudium and Philip of Commines conceiueth that Charles duke of Burgundy prospered neuer the better for that he refused the humble submission and satisfaction of the Switzers desiring peace at his hands The iniurie that is done to the subiects redoundeth to the Prince and reproches and contumelies done to ambassadours and messengers returne vpon those that send them both these things minister lawfull cause for Princes states to take armes in hand The Romanes with sharpe wars prosecuted a Appian Alexandr Mithridates for that by one generall proclamation he had caused diuers of their people to be massacred in Asia the same cause armed them against the Latines and Volscians The Volscians againe inuaded the Romans for that reprochfully their people were commaunded out of the Citie at the time of their b Liui. 3. publike games The Heduans rebelled against Caesar vpon c Caes bel Gal. 7. conceit of some wrong offred to their people in the campe of the Romanes And among al causes of warres betwixt Princes this is commonly inserted for one that either their subiects are slaine or wronged as appeareth both in the beginnings of the Romane warres against the kings of Macedonia and also against the people of Carthage and the same was the common pretense of the d Froissart French to inuade vs when we held Gascoigne Guienne and Normandy Yet more neere doth it touch a Prince when his ambassadours are violated forasmuch as that iniurie is thought to be offered to his owne person Therefore did Dauid warre vpon the children of Ammon for the villeny they offered his ambassadors The shamefull reproche which the Corinthians offered the Romane ambassadours was the cause of
THE 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 lâ—cessere aut faceâ—â— audet iniuriam regnovel populo quem expedicuÌ„ 〈◊〉 promptum ad resistendum vindicandumque agnos cit Cassiod vaâ— 3. nation or countrey that is ready
knowledge so he had deliuered all the orders and proceedings of warres and confirmed the same with examples of famous captaines and reasons of art rather then with such 〈◊〉 examples as he vseth Neither is it reason that the labours of all shoulde be measured by the presumption of some which write of matters of which they neuer had experience as Nicholas Machiauell and Robert Valturius a certaine Italian pedant which neuer had seene the field and some others which spend whole bookes in talking of the diuers formes of battels some like starres some like sheares some like sawes and some like winde-mill sailes which neuer haue vse but in mosters and leaue the most necessary points of warre in preparing for the warres choice of souldiors marching encamping fighting retiring besieging or defending of townes ambuscades stratagemes and such like necessary factions of armes Wherfore seeing I neither commend speculation without practise nor tread in the steppes of others but therein make supply where they are defectiue I trust my labours shall haue fauourable reading the rather for that they are not gathered by vaine speculation but proceede from him that hath had but too much experience in the disorderly warres of our time and hath no other respect then the redresse of disorders and the honour of his country It may be these rules should haue had more weight if they had proceeded from some great commaunder or man of auctoritie for of all men they deserue most credite that are both writers and doers themselues in which respect I do aboue all honor Caesar among the Romanes and Xenophon among the Greekes and of late writers Francis Guicciardin a man employed in great matters as for Iouius and Sabellicus and some others that I will not name for that they were al ignorant of matters of warre they make many very improbable ridiculous reports which no man of iudgement coulde allowe but what if men of authoritie haue not or will not or percase for their manifold distractions and busines cannot will not those that knowe not things themselues heare the same reported by others great wise men in time past haue not disdained to followe the aduise of simple men a Salust bel Iugurth Marius by the aduertisement of a common souldiour wanne a strong castle in Numidia b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph. exp Cyr. 4. Xenophon did not except the time of his refection or when he tooke his rest but admitted euery man that could giue him any important intelligēce to his speech Charles the last Duke of Burgundy refusing to heare a prisoner that craued audience c Phil. Comin lib. 7. fell into the traps of Campobacho his treason and doing all things vpon his owne head without admitting any relation or councell of others was defeated by the Switzers and by them miserably slaine at Nancy And if the chambers of some great commaunders in our time had not beene so straitly kept they could not haue beene so ignorant of the state of the enemy and of their owne forces and all addresses of warres as they were wherefore seeing I doe neither speake by speculation or heare-say nor rest vpon mine owne opinion nor desire any thing of mine to be beleeued further then the same is confirmed by the example of those against whom no exception can iustly be taken I trust that these either rules or aduertisements of mine shall not lightly be regarded But may some reply what do the examples of the ancient Romanes and Greekes and their proceedings in wars cōcerne vs whose practise stile in wars is so farre different these men imagine by reason of the vse of artillery lately inuented that the reasons rules of armes are changed and that the Romanes if they liued in our times would be new to seeke but they are much abused for the generall rules are alwayes the same there is and alwayes hath beene but one order of prouiding proceeding marching fighting retiring encamping besieging and defending of places and I doe not thinke but if any could recall or woulde practise the reasons and rules which the ancient Romans vsed hee should greatly preuaile if there be any speciall difference the same shal be noted in his proper place if then the ancient a agitatū in concilio est ut si quādo seuero imperio vllum bellum administratū esset tunc vti disciplina militaris ad priscos redigeretur mores Liui. 8. Romanes thought it their best course in their most dangerous warres to returne to their old discipline of armes and if b Flor. 58. Scipio coulde not ouercome the Numantins nor c Salust bel Iug. Metellus Iugurtha nor d Tacit. Corbulo the Parthians before they had setled their gouernement according to the ancient practise of armes let vs not disdaine to follow the examples of such great captaines and wise men in reforming of present errours and disorders according to the true and loyall practise of armes Hard I know it will be to returne backe for customes inueterate are not easily rooted out and desire of money hath corrupted many mens mindes without pay prouision the souldier is starued the warre is slacked and what hope haue souldiers either of better prouision or pay without these things how can the souldier march fight or keepe other orders of warre who wil aduenture without praise or reward who will serue his countrey when he seeth in most countries those aduāced soonest that spoile their country most to enrich themselues for this cause some vnworthy the name of Captaines make gaine of their places and souldiers refuse all extraordinary labour and valiant captains and souldiers are slenderly considered and lawes of armes lie silent for that there is none to execute them and few that know them for this cause and such like I had almost beene discouraged from writing this discourse and among others that keepe themselues for better times and liue an obscure life determined to settle my selfe for what hope could I haue of better seeing in all places all things bend to worse many seeke to enioy the pleasures of peace none maketh any prouision for warre souldiers neglect discipline of armes no reckoning is made in any place of braue souldiers captaines are employed onely for necessitie rewards come slowly only those are esteemed that haue mony The only hope that susteineth me and hath thus farre in these my endeuours auanced mee is grounded vpon that expectation which all this nation hath of your heroical actions God hath placed your Lordship as it were on a high stage in this estate neuer man had greater fauour of the beholders nor was more likely to obtaine a singular applause of the people all mens eyes are fixed vpon you to see what effectes will follow those vertues and noble partes the which already haue made your name honourable as others choose ease so your Lordship hath folowed the wearisome trauailes of warres by your owne experience in the seruice of
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
theÌ„ 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 quà m exercitu rem Rom. supetiorem â—â—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 religioÌ„ 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
they doe that are not onely pinched in their prouisions but also bound fast by their commissions The c Le commissioni di Caesare haueuane espressa o tacita conditione di gonuernarhi secoÌ„do la varietà di tempi Guicciard lib. 17. commissions which Charles the fift gaue to his captaines had this condition either expressed or implyed that they should proceede according to the varietie of times and occasions notwithstanding any thing in them conteined And some very expert and wise men haue not doubted seeing a manifest aduantage to goe against their Princes commission d Il Triuultio anchora che la commessione del rèfusse che prima s' attendesse alle cose de Genoa prese il Bosco nel contado d' Alexandria Guicciard lib. 3. Triuultio although by his directions he was first to haue care of the affaires of Genoa yet doubted not to take Bosco a fit place in the territory of Alexandira And albeit that Lewis the 12. gaue his Captaines expresse charge that they should not fight with the Spaniards yet seeing their weakenes and their owne manifest aduantage they fought with them and foyled them at Cirignola Where for their defence is alleaged that the commaundements of the King being farre off and not seeing the state of things were rather e I commandamenti delrè essendo lontano erano più ricords che precetti Guicci ard lib. 5. remembrances then precepts to be followed Trimoille seeing the danger of the state of France assaulted by diuers enemies and also by the Switzers made f Accordà co i zuitzeri senza commessione salue la Francia Guicciar lib. 5. peace compounded with them although he had no commssion so to doe Of which act Guicciardin guieth this testimonie that by that accorde he saued the realme of France out of a mauifest danger And very absurd it were if a maÌ„ might not doe his countrey seruice without commission The a Salus reip â—â—prema lex safetie of the state and honor of the Prince are warrants and exceptions of a most high nature And for a man to doubt to take the enemie at aduantage for feare of violating his commission as the Spaniards say that the Duke of Medina did in his voyage for England is nothing but to spreade a cloke to couer his owne cowardise or insufficiencie Yet may not the Generall doe against his commission rashly or without apparant cause or sufficient order neither may he doe all things without commission He may not proclaime warres or inuade any nation that is out of commission onely if his enemie flie into an other Countrey he may followe him For in that case b Liuy Manlius auoweth his warres against the Gallo-grecians and c Liuy Fabius his voyage through the wood Ciminia Also all such as inuade his gouernement or his friends or associats he may prosecute without his gouernement He may not make peace or treate of peace with the enemie for he is sent to make warres He may not dimisse his armie without commandement nay he may not proceede against the lawes of Armes The d Dictator optima lege creatus summum imperium belli pacis paenarum sine prouocatione habebat Pompon in l. 2. §. popul ff de orig iuris Romane Dictator although he had great aucthoritie and could determine matters of life and death without appeale yet did not hee execute or iudge any but by the lawes of Armes That which in commoÌ„ termes some cal executing by martial lawe when innocent men are hanged without for me of lawe or cause may better be called martiall force then martiall lawe For this hath only place in warres and redresseth disorders against militarie proceedings e Si quid fraudulenter dux secerit de eo tenebitur L. in personam § generabile ff de reg iur Finally the General whatsoeuer his commission is may not deale fraudulently in his charge nor proceede contrary to militarie profession and practise in which case euery Generall is subiect f ff ad leg Iul. maiest l. 1. 2. to the lawe Very necessarie therefore it is that Generals should haue their commissions large both in respect of their prouision which by this meanes may in some sort be supplied and in respect of the expedition and g Imperator liberè ad summam imperri consulere debet Caes bel ciu 3. execution of warres which ought not to be hindred nor can conueniently be prescribed And without large aucthoritie neither can our owne souldiers nor associats be well gouerned The experience of the seruice in the Lowe Countries and disorders at sea which for want of power haue not bene redressed doe minister vnto vs sufficient proofe of this matter Some will say that it is dangerous to commit so large power into any mans hands especially if he should deale disloyally But what a reason is this because men may abuse their power not to giue them sufficient power for those matters which are committed to their charge Those that meane disloyally toward the State although they should haue neuer so strait limitations in their commissions would not stand vpon termes and wordes of lawe And rather it giueth them occasion of discontentment when they see themselues distrusted then bridleth any euill purpose if they should doe against their allegiance And why should any man without cause suspect any noble man that he will deale against his Countrey hauing so many pledges of his loyaltie but if any should be so euill disposed yet may we not thinke that all his army would follow him rebelling against his Countrey And if they should yet is it not the force of one armie that can preuaile against a whole kingdome that is well gouerned And therefore for feare of disloyaltie of some let no man feare or omitte to make sufficient prouision and rather let loyall men be sought out with diligence and disloyall men remoued then that the necessarie prouisions of warre should be neglected or the proceeding hindred for want of aucthoritie CHAP. IIII. Part 5. Of the choice of Colonels and Captaines of companies and other officers of the armie and their qualities and office DIuers other pointes concerning the place charge and office of the Generall deserue also to be particularly handled as namely who hath authoritie to appoint Generals in what case the Prince himselfe is to come in person into the field how farre the General ought to hazard himselfe and generally what belongeth to his office but the same may partly be vnderstood by that which hath bin spoken already shal more euidently be declared in this treatise for the executioÌ„ of al these matters appertaineth especially to the direction of the General And now we haste to speake of such matters as coÌ„cerne rathe the managing of warre then questioÌ„s of right It is sufficiently knowen that the power to make warre or peace is a marke of souerainty belongeth to the soueraine magistrat and to
as Caesar practised first against the a Caes bel Gal. 1. Heluetians then against the b Caes bel Gal. 2. Aduaticans and lastly against Petreius his c Caes bel ciu 1. armie in Spaine By which meanes he ouertooke those that were farre before him But this hath vse where we are stronger then the enemie in horse Howe many horsemen or shot or pikes or targets and other weapons shall march in a ranke I referre to the iudgement of a good Sergiant maior according to the bredth of the waies and approches of the enemie The more doe march in a ranke the lesse paine he shall haue to set them in order when he would place them in order of battell and the stronger the aray is d Guicciar lib. 9. Ten thousand Switzers in Lombardy in the warres betwixt the Spaniards and French marched foure score in a ranke harde by the French armie which seeing their resolution durst not charge them The same course is to be taken in the aray of the battell and arierward marching saue that these two partes following without any great distance betweene neede not light horsemen or auantcoureurs especially where the enemie is before Neither haue they such vse of shot or horsemen as the auantgard where they are vsed for supplies rather then to fight in front In the placing of horsemen footemen in sorting and employing of diuers weapons so that euery sort may doe best seruice consisteth the speciall iudgement of a wise leader For therein are infinite differences according to the diuers strength of the enemie and our owne forces and likewise according to the diuersities of grounds and times Yet commonly in marching this order is obserued first the light-horse seconded if need be with shot and targetters especially where the country is rough and wooddie serue for auantcoureurs Caliuers and musquetiers are not onely to march on the front but also on the sides and backe of the armed men Lances and men of armes are ranged the outmost on the sides for the most part Next to the shot march the pikes of that part of the armie these would bee rāged rather in battaillions according to the fashion of the Romans that the shot and other light armed men might saue themselues and againe make head within the distances then all in one front ioyned togither But this is where the plainnesse of the ground will giue leaue In euery battaillion the ensignes are to bee placed somewhat toward the first rankes garded with good store of targetters and halberds well armed In placing and sorting of weapons the Generall is to consider that the charge of horsemen against shot and targetters is mortall if they be not either garded with pikes or haue the vantage of ditches or hedges or woods where they cannot reach them In which case the shot gauleth the horse if they come within the leuell of the piece Shot and targetters against pikes worke good effects pikes ioined close and standing firme togither doe breake the carriere of horsemen especially where they haue their musquetiers placed neere by them Archers where they haue a defense before them doe good seruice in the field against horsemen These things let the General haue so in mind that he may rather take the aduantage of weapons in the encounter then giue it to the enemie In marching the distances of euery ranke from ranke and of euery souldier from his companion by him are greater then whē they stand ranged in battell readie to fight It skilleth not much what the distance be so they may beare their weapons commodiously march seemelie yet that euery man might know what distance is sufficient what is most seemly it were good that one rule were obserued Shot although in fighting they obserue rather a course then aray and are to stirre vp and downe to espie where they may hit the enemie yet that they may with more ease and speed bee drawen to seruice are to march in distance from ranke to ranke fiue or sixe foote from shoulder to shoulder one foote or a foote and a halfe Argoletiers or Pistoliers in march from horse to horse on the side are distant two foote from ranke to ranke a yarde and a halfe or thereabout The Lancier without bardes rideth in the same distance Pikemen from their fellowes side by them are distant a foote and a halfe or two foote from the pikemen behind and before by reason of the length of their pikes twelue foote Their march to their corps de gard when they hold their pikes vpright which the Italian calleth inalborar is out of this rule Of their distances in charging or receiuing the charge of horse or foote wee shall speake when we come to the place Halbardiers march a foote and a halfe from shoulder to shoulder and seuen foote from ranke to ranke The targetter may obserue the same distance from shoulder to shoulder but hee needeth not such distance from ranke to ranke The Generall as he hath the commandement so he ought to haue the care of all and therefore ought to be in all places But because he cannot bee in all places at one time therefore doeth the practise of warre require that he assigne the guiding of his three battaillions to three of his chiefe officers and commaunders that are men of iudgement and experience to see and commaund in his absence all men in their battaillion to march in order Himselfe may march with the battell vnlesse for some cause it shall please him to march in the vantgard or arierward The Romanes ouer euery legion or regiment of fiue or sixe thousand placed a principall commaunder they called him Legatum the same was of the Generals counsell and in his absence one of his lieutenants Euerie seuerall troupe of horsemen are to haue their seuerall commaunders and euery compaine of shot likewise All which ought to be obedient to the Generall of the horse or Colonell of the footemen which know the Generals counsell The seuerall troupes also of armed men are to haue their seuerall commaunders prouided alwayes that no one companie haue more then one commaunder for auoiding of confusion and that euery of these hearken to their superiours which vnder the Generall haue the chiefe gouernement of euery battaillion The Serieant maior and corporals of the field his officers are to acquaint euery commaunder with the Generals direction which the same is to execute These are therefore suffered to goe vp and downe to see things in order For others it is not good they should leaue their araie unlesse it bee for necessarie causes as sickenesse the necessities of nature and such like The commaunders of euery troupe are to march in the head of their troupes their lieutenants behind the same All other colonels captaines lieutenants and serieants are to keepe their ranke and araie wherein they shall be placed For although ouer their priuate companies when they are single they commaund yet in the armie vnited togither they
d Hist de troubl de Fr. l. 9. Admiral at Moncontour would willinglie haue passed the day without fight but being neere the enemie hee could neither passe the riuer without disordering his armie nor retire without manifest danger of being vtterly broken and ruinated Philip of Macedonia albeit hee was encamped vpon the banke of the riuer Aous very strongly and had most high mountaines for his defence vpon his backe yet being charged suddenly from the vpper ground he was both driuen to fight against his will and foyled by Tit. Quintius Wherefore considering the losse and calamities that come of suffering the country to be burned and spoyled the hazard that to wnes besieged by the enemie without hope of succour stand in the discouragement of our people that see and enemie in the countrey whom they dare not encounter I hold it a rule most certaine that no countrey nor state can well be defended against a strong enemie any long time vnlesse the same either haue or can procure an armie to come into the field able to encounter him and not vnwilling also if the same may haue any good aduantage to fight with him And therefore all valiant men that loue their countrey are rather to endeuour to ouercome the enemie by force then dull him and wearie him by patience and delaies which bring with them contempt of those that want an edge and force That wee may fight with aduantage and proceed with reason let vs now examine and see what things are to be foreseene and considered before that the General do bring foorth his armie into the field to fight CHAP. XI Conteining speciall matters to be well considered before the Generall bring foorth his armie to fight with the enemie in open field MAnie things in warre are executed by force and strength of men but seldome doeth force preuaile much without counsell and direction Counsell in all deedes of armes chalengeth a principall place but especially in ioyning battell with the enemie To refuse good counsell therefore in this case is a brutish follie oftentimes seuerely punished The Constable of France peeuishly refusing the good counsell of Coucy that dissuaded him at that time to fight with the Turkes was the cause of the miserable slaughter of Christians at Nicopolis The Frenchmen detest in their histories the pride and insolencie of a certaine Duke of Bourbon who a Froissart being Generall in a certaine enterprise against the Saracens in Afrike ouerthrew the action by disdaining to heare any man speake and refusing all counsell but his owne A man wise inough to ruinate any enterprise Wise captains therefore as they will consider many things themselues so I trust they will not disdaine to vnderstand the experience and aduise of others Before a Generall doeth resolue to fight with the enemie with all his force hee is first diligently to vnderstand both the strength of the enemie and the numbers and strength of his owne men least presuming too much of his owne power or contemning the enemie he doe that which afterward hee may repent a Guicciandin Francis the first of France not knowing how much hee was abused by his moster rolles and supposing his strength to bee greater then it was accepted of the battell of Pauie where himselfe was taken and his armie discomfited b Caes bel ciu ◠Curio not knowing the great strength of the enemies horsemen did rashly leaue the aduantage of the ground and fight with him that in the plaines was to strong for him which was his ruine Cassius in the battell of Philippi not vnderstanding the victorie of Brutus his companion desperately slew himselfe and was the cause of the discouragement of his side and the victorie of the enemie If therefore he shall vnderstand that his enemie is too strong for him let him keepe his aduantage of ground and auoyd fight if his owne power be greater let him not delay it for it is no lesse dishonour to let slip an opportunitie then to aduenture rashly Yong souldiers are not rashly to be brought into the field against an armie exercised and beaten with long practise of warre The Romanes found this true by their owne practise in the warres with their c Veterani exercitus tobore rex Rom. vicit Liu. 1. neighbours and with Annibal Where their armie was well trained they preuailed their fresh souldiers could not endure the force of Annibals beaten men Caesars old souldiers were inuincible With the men that Philip of Macedonia had exercised in many warres Alexander ouerthrew the Persian empire For it is not d Veteres non tam numerosos exercitus habere voluerunt quà m eruditos Veget. l. 3. c. 1. number that preuaileth but experience and skill The e Philip. Comin gallants of Charles Duke of Burgundie bragged that they would doe and venture but when they sawe their enemie they forgot their wordes and ranne away in the encounter with Lewis the eleuenth at Mont le herie Therefore did Caesar wisely that carying ouer with him diuers yong souldiers into Afrike f Noluit conuulncrari exercitum tyronmen Hirt de bel Afric would not put them to the triall before he had made them better acquainted with warres Souldiers likewise when they are faint wearie hungry or thirstie fight but faintly And therefore as there is no trust in young souldiers so there is no strength in souldiers that are faint with labour or want of victuals Doe not therefore rashly encounter the enemie when they men are either wearied with long marching or watching or faint for want of meate or drinke The a Inde cibo corpora firmare iussi vt si longior esset pugna viribus sufficerent Liu. 27. Romanes before they entred the battell refreshed their men with victuals and rest that if the same continued long yet their strength might continue b Syllanus ante pugnam militem cibum capere iubet Liu. 28. Syllanus being readie to charge the enemie commaunded his souldiers to dine first The principall cause of the ouerthrow of the Romanes at Trebia was that Annibal brought foorth his men to fight fresh hauing well dined warmed themselues and rested where as the Romane c Liu. 21. Generall brought foorth his armie fasting and cold by reason they passed a riuer and wearie for that they stoode many howers in armes before the battell began Aemilius in the warres against Perseus in Macedonia albeit his souldiers desired to fight with the d Statuit Aemilius lassitudinem sitim sentientes milites integro hostinon obijcere Liu. 44.214 enemie so soone as they saw him yet considering that by their long march they were wearie thirstie and faint would not fight with the enemie that was fresh and lustie but deferred it to the next day Yea although aduantage be offered yet if our e Furius lassitudini militum timens occasionem rei praeclarè gerendae omisit Liu. 31. souldiers be faint and wearie it is more safe to
that they be not easily filled a Duae legiones semper pro castris excubabant Caes bel Gal. 7. Caesar lying before Auaricum kept two legions alwaies ready in armes to defend his works against the sudden sallies of the Townesmen And such was his garde and watchfulnes in his sieges that albeit the b Caes bel Gal. 2. Aduaticans that were another time by him besieged presuming vpon his securitie had thought during the treatie of peace to force him to breake vp his siege by a sally yet he had men sufficient ready to repel them The Romanes neither in time of warre nor truce day nor night were so secure or negligent but that alwaies they kept good garde and watch Those that there in proceeded weakely or negligently haue endangered themselues bene oft times forced to rise without doing any thing Lewis the c Philip Comines 11 of France and Charles of Burgundy lying in the suburbes of Liege a towne by them besieged without either good watch or stronge garde or defence escaped very narrowly taking by them that sallied in the night out of the towne Amilcar d Polyb. besieging a towne in Sicily was taken in his campe by those that sallied out vpon him in the night which if his fortification had bene good or his watch diligent could not haue happened The e Thucid. 5. Athenians besieging Amphipolis lying without sufficient defence or watch were defeated by Brasidas the Spartan By like negligence succour victuals entred into Naples besieged by Lautreck into Poytiers besieged by the Protestants into Rochel besieged by the French king after the massacre anno 1573. Philip of Macedonia lying before Apollonia without suspicion or defence against the enemies sallies was forced to rise yea and to runne forced by the Townesmen aided by certeine Romanes Francis the French king was taken and his army defeated before Pauy by those that came to the succour of the towne which could not haue happened if he had laien within any sufficient trenches or had but well garded the waies and passages Trebonius lying before Massilia hauing his workes and engins almost destroied and fired by the Townesmen during the treatie of composition teacheth vs not so to trust the enemie at any time but that we haue a sure garde and diligent watch That is the onely remedie against sallies from within and succours from without Further as we are by this meanes to proceede against the enemy besieged so are we to take heede that by want or disorder among our selues we be not forced to depart with scorne Caesar sate downe before no towne but he knewe howe and where to haue victuals and all prouision necessary for a siege The a Capua obsideri caepta quaequeue in eam rem opus erant comportabantur Casilinum frumentum conuectū ad vulturni ostium castellum communitum vt mare flumen in potestate essent Liui 25. Romanes going to besiege Capua prouided corne and all things necessary and tooke such order that both by sea and land they had supplies cōming to them Caesar at the siege of Massilia caused al stuffe necessary to be brought into his campe neither victuals nor engins nor instruments to worke withall nor any thing was wanting In all sieges the Romanes proceeded very orderly both in their prouision and gouernment Their men lay dry in tents strong within defenses they had meate and victuals the sicke and hurt had reliefe But in our times and also in ancient time for want of gouernement in these cases many calamities haue happened and many sieges haue bene broken In the late siege of Rochel the kings souldiers for want of victuals were famished for want of things necessary and good gouernement sickenes grewe among them The same was the cause of the ruine of the army of Protestants before Poytiers of Lautrecks enterprise against Naples Charles duke of Burgundy lying before Nancey discontinued his battry for want of pouder in the meane while succours came that raysed his siege The siege of Charitè Anno 1569 was raysed because the Kings souldiers sate downe before it before they had sufficient prouision with them b Qu. Cur. lib. 4. Amyntas lying before Memphis was discomfited and driuen to raise his siege for that his men were ranging about the countrey when they should haue bene ready to defend their campe and repell the enemie The same error was committed by Francis the first of France before Pauy who suffring his men to disband and straggle abroade diminished his forces so that he was not able to resist the enemy that came vpon him In winter if that souldiers do not lye drie in their trenches and lodgings and haue fire the weather and season forceth them to rayse their siege This broke the enterprise of the English against Zutphan anno 1567. The same incommodities forced c Guicciard lib. 5. Caesar Borgia to rise from before Faenza well beaten with winter raine and foule weather Therefore ought wise Generals before they sit downe to besiege any towne to consider the time and to examine whether he hath sufficient force and prouision to effect such a matter d Multa magnis ducibus vt non aggredienda sic non deserenda Liui. 24. Many things are not to be attempted of wise leaders yet being once begunne are not lightly to be giuen ouer as Marcellus said The towne of Secca in the kingdome of Naples being besieged and not taken by the French assured that whole state vnto Cōsaluo as saith e Guicciard lib. 6. Guicciardine The checke we had at Coronna in our voyage of Portugall did not a litle discourage vs. a Perseuerantia in omni genere militiae maximè tamen in obsidendis vrbibus necessaria est quatum plerasque munitionibus ac naturali situ inexpugnabiles fame sitique ipsum tempus vincit expugnatque Veget. Perseuerance and constancie in euery action of warre preuaileth much but most in the sieges of cities as is euident by the great patience and constancie of Caesars souldiers in the siege of Auaricum and Alexia For many townes that by naturall situation are inexpugnable by hunger and thirst and want of things necessary are taken in continuance of time That the Generall may both prouide sufficiently and know perfitly how to encounter the enemy it is requisite that hee not onely haue intelligence of his proceedings within the towne but also of his succours comming without For that cause hee is not onely to haue his espials and discouerers abroade but also if hee can his intelligences within The b Guicciard succours that came to Florence were by this meanes defeated or euer they came neere The Generall ought alwayes to be watchfull yet shall these intelligences hurt him nothing That his victuals and prouision may come to him safely the Generall that besiegeth any place is to place garrisons in conuenient distances from his campe and to haue his horsemen to encounter such
opportunitie in taking Paris Next such places as seeme to giue most easie accesse are to be viewed chosen the ditche also is to be sounded if there be water in it least it be too deepe against that time of the night when men are most quiet our things are to be made ready the season that is most troublesome and darke is fittest for our enterprise sometime the state of the Townesmen giueth vs opportunitie to enter Syracusae was taken by Marcellus while the souldiers and Citizens lay drunke in one of their solemne feastes The Towne of Cales likewise was surprised by a Liu 8. Escalade vpon a feast day at night when the Citizens were most secure The Turkes vnderstanding the disorder of Christians in their carneuall we call it shrofetide chose that time to b Alphonso d' â—â—loa scale a strong Towne in Sclauony and while the Citizens lay sleepy and drunke entred the same Of all the times of the night and houre before the dawning of the day is most fit for surprises At that time of the night Fabius scaled c Liu. 24. Arpi Argentueil a Town in France a little before the dawning of the day was scaled and entred by the Protestants anno 1568. and by like surprise and about the same time they tooke also Vezelay For when men haue watched a great part of the night and looke presently to be relieued then are they most sleepie and negligent and after that the Towne is seased in the night the day presently appearing giueth vs meanes to assure it and settle matters Diuers not measuring of times nor duely considering these matters haue lost great opportunities Charles Duke of BurguÌ„dy by the d Philip. Com. shortnes of his ladders fayled of the taking of Beauuois The like ouersight as some say hurt our men in the scaling of Lieth in the beginning of the Queenes reigne The e Thucid. Thebans entring Platea in the night not being succoured according to their appointment were cut in pieces by the Townesmen in the morning Whether a man come too soone or too late all is one for if that in such cases there be not good direction execution and correspondence such enterprises commonly come to nothing A small error in this matter was the cause of the death of that valiant knight syr Martin Skinke and of the breaking of the enterprise against Neumegen Some haue had good hap to enter Townes by wayes not suspect as Cyrus entred Babylon by the riuer Scipio entred new Carthage by the lake which the Townesmen thought a matter impossible The Venetians tooke a Guicciar li. 10. Brescia from the French entring by a grate through which the riuer issued The ProtestaÌ„ts by a grate b Hist de troubl de Fr. li. 10. likewise entred Nismes an 1569. But they that followe their examples had need to vse like diligence speed They chose a blustring season a darke night those that entred by the grate slewe the watch and receiued their companions in at the gate other companies were ready to assure the Towne which they had seased There was good correspondence betweene all parties secrecie in proceeding resolution in executing Of late time posterne gates haue beene broken open some by gunpowder conueyed betweene boordes and the gate others by petars and so diuers Townes haue bin entred and surprised but the Townesmen must be very weake and negligent and the execution very speedy and secrete or else such executions seldome take effect After that the Towne is entred by surprise let them that are entred vse diligence and good order that they be not themselues either presently driuen out or soone after surprised Their course is first to assure themselues of the gates walles and rampars by placing sufficient gardes there and next to sease the market place and other open places with strong squadrons the rest of the companies are to beate the streetes and to sease such as canne make resistance against them Hauing beaten the Townesmen that themselues bee not beaten out they are to prouide both men victuals and munitions that which is in the Towne they are to saue and make store of it and lastly to set good order for the defence and gouernement of the place surprised Whosoeuer fayleth in any one of these pointes encurreth oft times no small danger The Thebans entering into Plataea and not assuring themselues of the gates or of the principall Townesmen before their weakenesse was espied were most of them slaine and the rest forced to leape the walles Alexamenus c Liu. 35. hauing slaine the tyrant Nabis and taken the Towne of Sparta while he should haue seased the walles and chiefe places and set order for the defence of the Towne him selfe spent time in searching out the tyrants treasures his souldiers in seeking pillage in which meane time the enemie gathering together some force charged him in this disorder and in a short space cut him and his companie in pieces In the late braules of France a Histoire de troubl de Fr. l. 5. Colombel hauing surprised Esscilles a strong Castle in the frontiers of Dauphinè lost the same within fewe dayes after for that hee had no care to furnish it with souldiers and victuals Bouley b Hist de troubl de Fr. l. 10. hauing after a long caualcade spoyled the Towne and Faire of Milly stayed too long in his returne which gaue the enemie leysure to sease vpon him and make him paye his life for that he had taken The Duke of Orleance hauing surprised c Guicciar li. 2. Nouara soone lost the same againe for that hee neither prouided more victuals nor saued those that hee found in the Towne nor set order for the gouernment of the place Which ouersight was the cause of the losse of Naples vnto the French king Charles d Guicciar lib. 1. the 8. for giuing away all the victuals that were in the newe Castle vnto one of his courtly beggars afterward when the Towne was besieged by the enemie his souldiers albeit they begged apace could not tell where to haue a bisket cake or other victuals By diuers other meanes Townes may be surprised as by men disguised in womens apparell or by souldiers disguised like clownes or by men hid vnder strawe in cartes Demetrias was surprised vnder colour of bringing home of a chief Citizen e Liu. 35. from banishment For while his friends welcommed him home some of his traine seased the gate which hee together with his company defended vntill certaine troupes of horse placed not farre off came to them But hee that knoweth these and howe to proceede therein can deuise more and may therein see howe to proceede If the Towne be strong and hard to be forced the safest way is to proceede by siege and surprise if in iudgement of men experiemented the Towne be weake and easie to be forced he looseth time that sitteth about it that by force may enter it Those Townes I accompt
neither If he doubt of the townsmen he is not only to assure himselfe by pledges but by strong garde hauing the gates walles in his possession Popilius was no sooner placed in garrison at b Popilius Strati positus in praesidio claues portarum custodiamque murorum suae extemplo potestatis fecit Liu. 43. Stratus a towne of the Aetolians but he seased the custody of the gates and walles into his owne hands He is like wise to see that he haue the victuals of the towne in his owne custody The Garrison of c Thucid. 4. Megara that kept in the castle hauing victuals from day to day out of the town when the same reuolted were driuen also to yeelde to the enemy I neede not exemplify this by antiquity for it is the case of Vlissing some other places where our men lie in garrison Where if the townsmen at any time quarrel with them they shal be constrained to yeeld for want of victuals and other prouisions which are in the power of others There can be no good assurance where the to wnsmen are able to master thee specially if the enemy be without as trecherous friends are within And therefore a wise Gouernor will prouide that such a In eo spem pone nihil moturos Hetruscos si ne quid mouere possint praecaueris Liu. 27. can not hurt him though they would So a certaine Romane perswaded his friend to deale with the Hetruscians Against such a prouident Gouernor must alwayes keepe one eye waking and appoint strong gardes and continuall rounds both on horsebacke and foote and no lesse without the towne then within Which are to see that euery sentinel doe his dutie He that doubteth that cownsmen must not suffer them to come nere the gates not to talke with the enemy b Nolani muros portasque adire vetiti Liu. 23. Marcellus would not suffer them of Nola to come neere the walles or gates the enemy being without Neither would the c Transfugae ne◠adire muros nee alloqui quemquam passi sunt Liu. 25. garrison of Syracusae that consisted of fugitiues suffer the men of the towne to come to the walles or talke with the enemy that besieged them or whisper together All whisperings secret meetings in such cases are suspicious The Gouernor must further take heede how he come in place where the townsmen may lay hands on him The d Salust bel Iugurth Vaccians in Afrike inuiting the Gouernor of the towne and certaine of his chiefe commaunders and Captains to banquets did there first cut their throtes afterward setting vpon the common souldiers destitute of heads did kil them also so yeelded them selues to the enemy They of Rochel did not so euilentreat the English that were there in garrison in the castle but inuiting Captaine Mancell then Gouernor there to a banquet first layd handes on him then drawing out the souldiers vnder colour to moster them did fayre turne them and their simple Captaine with scorne out of the towne All parleys with the enemy are dangerous vnlesse they be managed by those that haue skill and be loyall and in such place where the enemy may not come neere the walles While they of Syracusae did parley about the redemption of certaine prisouers a certaine Romane marked the height and accesses of the walles which gaue the Romanes meanes to enter the citie by surprise Eretria was taken by L. e Liu. 32. Quintius while during the parley of peace his souldiers espying the negligent garde of the townsmen scaled the walles f Casilinum inter colloquia cunctationemque petentium fidem per occasionem captum est Marcello portam occupante Liu. 24. Casilinum was likewise taken by Marcellus his souldiers during the parley seasing a gate and so giuing entrance to their companions The like happened to the towne of Charitè in France Ann. 1569. where the Protestants in the time of parley espying their opportunity entred the towne through the breach that was euil garded In time of parleys therefore of feastes of times of greatest security then the Gouernor is to haue greatest care a Liu. 25. Syracusae was taken on a night when the souldiers had kept Holiday before and lay drunke without feare or care Nismes was surprised in a stormy night when a man would haue thought that none would haue looked abroad And if no wise Gouernor will commit any man of worth into the hands of his enemies least if they should breake promise they might preiudice him much lesse ought he to parley with the enemy where he may come in danger himselfe b Caes bel gal 5. Titurius Sabinus going to parley with Ambrorix was by him perfidiously slaine Paches the c Thucid. 3. Athenian deteined Hippias the Gouernour of Notium that came vpon assurāce of his word to treat with him of peace forced him to deliuer vp the town This was also the ruine of d Guicciardin Liuerotto da Fermo the Duke of Grauina others whom Caesar Borgia inducing by faire words to come to treat with him of peace put to death at Senogallia Those that haue diuers nations together in defence of one towne must also take heede that there arise no grudge or discontentment among them to make them reuolt to the enemy e Liu. 26. Mutines the Numidian vpon some discontentment offered him by the Carthaginians whom he serued by the helpe of his countrymen seased a gate of Agrigentum gaue entrance to the Romanes The like cause together with some corruption in the souldiers caused some English to deliuer vp Alost to the enemy Which practices he that meaneth to auoyd must neuer trust men that are suspect nor suffer strangers to watch vnited without some of such as he dare trust ioyned with them nor let any man know his quarter before he goeth to the watch During the siege he may not suffer bel to ring or clocke to strike and further must keepe good watch make rounds diligently at times vncertaine To content all men the Gouernor is to administer iustice equally that God may be pleased hee is to see that God be serued religiously and that lawes concerning religion iustice and military matters be strictly executed Sallyes are not to be made vpon the enemy rashly nor without good cause especialy where the townsmen are not to be trusted They of Rochel serued our countrymen an odious touch vpō such an occasion in the dayes of Richard the 2. Charles duke of a Phil. Comines Burgundy defeating 500. archers that sallied vpō him out of Piquigni made the towne to yeeld vnto him soone after for want of men They of Liege sallying out vpon the same Duke lost their best men which after ward they sore rued And such was the wisedome and direction of some in the gouernement of Caleis besieged by the duke of Guise that albeit they had very few men to defend such a towne
ignorance or thinke themselues punished otherwise then they ought I haue for instruction of yong souldiers comprised in writing such matters as for the good gouernment of the campe and armie those that conuerse in the armie I thought most necessary to be knoweÌ„ and published in the campe garrison other places of seruice Neither is the course new or strange The prince of Orenge for the good gouernment of his campe before Florence in the dayes of Charles the 5 by sound of trumpet c Caualier Cicuta published such orders as he would haue obserued The duke of Alua though otherwise cruel yet a man skilfull in matters of warre for reformatioÌ„ of diuers disorders crept in among the d Se debrian promulgar algunos estatutos con cuya osseruantia los soldados particulares y priuados no hisiessen desorden alguna Sanch. de Lond. Spanish souldiers gaue order to SaÌ„cho de Londonno to frame certaine statutes in writing which being published might giue theÌ„ particular notice of their duties The e Puis auoir fait quelques â—ix militaires statuts politics firent iurer la noblesse soldats autres de les entretenir inutolablement Histoir de troubl de Fr. l. 4. Protestants an 1568. hauing made certaine militarie lawes orders for the gouernement of their army did publish the same cause both the nobilitie other soldiers to sweare that they would obserue theÌ„ inuiolably In imitatioÌ„ of others I haue thought good likewise to set down a forme of militarie lawes not that all of them are necessary for all times places nor that I could set down so many as are necessarie but wise gouerners hauing this draught before their eyes may chuse such as are fittest and apply them to their companie and other circumstances Howsoeuer it is whether it be by a Res militaris legibus in tuto collocata L. 1. Cod. de Iustin cod confirmand lawes or without lawes let those that haue the gouernement of souldiers haue care of the obseruance of militarie discipline without which an armie is like a bodie discrazed and disioyned and by which armies beforetime out of order haue bene made victorious Before Scipioes comming into Spayne the Romanes through their disorders had receiued many foiles of their enemies But after that he had b Scipio minor militarem disciplinam reuocans pulcherrimam tulit de Hispanis victoriam Plor epit Liu. l. 58. remooued those disorders of a cowardly and disorderly multitude hee made a most victorious armie Like commendation did Metellus deserue in Afrike who remoouing all instruments and occasions of pleasure e Metellus adiumenta ignauiae sustulit c. Salust bel Iugurth and slouthfulnesse and restoring the strict orders of the Romanes in their marching encamping labours and watches brought Iugurtha to great extremitie which before that time ouercame and contemned the Romane forces Corbulo by like d Legiones Corbulo operum laboris ignaras populationibus laetantes ad veterem morem reduxit Tacit. seueritie causing the Romane souldiers to returne to the obseruance of militarie lawes and to endure labour and to keepe araie and to refraine their outcourses for spoyles obtained diuers great victories against the Parthians and others Neither doe I doubt if the ancient orders of warres might be obserued of our English souldiers but that they should be likewise victorious ouer all their enemies To doe them honour and my countrey good I haue as neere as I could endeuoured to set them downe in termes beginning first with matters concerning religion which howsoeuer it is now neglected and scorned of prophane men yet ought it both in this and other things to haue the first place CHAP. XXI Wherein a forme of Militarie lawes requisite to be published and obserued of our English souldiers and others imploied in publike seruice of their countrey is prescribed The first part of it conteineth lawes concerning religion and morall matters 1 EVerie Morning at the relieuing of the watch and euerie Euening at the setting of the watch all Captains Souldiers others both in campe and garrison either in some speciall place to bee appointed or in their corps de garde or those that watch in their garde the rest in some other place shall assemble to heare prayers and other exercises of Religion 2 No enterprise shal be taken in hand but the companies that are to execute the same shal first commend themselues to God and pray to him to graunt them good successe 3 Euery Sunday the whole company at houres appointed shal meete to serue God so much as the necessities of warres wil permit And for this cause a conuenient number of Ministers are to be enterteined and such as abuse them to be seuerely punished 4 Notorious swearers and blasphemers shal be punished according to the qualitie of their offence yea with death if their faults be heynous 5 All abuses of Gods word and holy Name in cursing banning charming and whatsoeuer other vnlawful practice shal be punished by imprisonment of the offenders and death also if the crime be heinous and the example scandalous 6 Many offences against God and man doe spring of dicing carding and other such vnlawfull games Therefore let all dice and eardes and such like instruments of abuse be taken away as much as may be and let such gamesters be admonished and if they doe not so leaue and reforme themselues let them be imprisoned 7 Common women let them be whipped out of the campe and garrison and such souldiers and others as vse their company let them be imprisoned Officers that giue bad examples of such matters let them loose their places Suspicious women let them be banished the campe or garrison 8 For that God is greatly offended with drunkennes and the abuses that come of it and forasmuch also as campes and garrisons are thereby much disordered and many good men suffer for the abuse of such lewd drunkards therefore such are to be imprisoned and fedde with bread and water so long as the qualitie of their offence shall deserue Annotations and interpretations of the former lawes for the better vnderstanding of them Concerning Religion The name of Religion I know will seeme strange to most of our lustie yong souldiers that in swearing and blaspheming place their greatest brauery accompt it a shame for a souldier to be religious But seeing not onely Religion but reason also may teach them that no good successe can be expected at Gods handes where hee is not serued and that such wicked men as they shew themselues to be are rather to feare the wrath of God then to hope for victory or other fauour let them if they be but motherwise desist from scoffing at Religion if they be Christian-wise let them learne to serue him that is Lord of armies and giuer of victory The very Gentiles albeit ignorant of the true God yet in matters of warre were most deuout and religious The Romanes yelded
the seruice of God among souldiers nor haue made any allowance for the Ministerie among them In so much that in some garrisons in the low Countreyes souldiers haue liued almost without exercise of Religion and in campes without any due exercise of the same This first gaue me occasion by this lawe to excite their care and the care of Generals and captaines both for more deuotion in religious exercises and also for better meanes If there were to euery two Regiments one or two Ministers allowed it were a very commendable course The Papists haue their priestes in their armies nay the very heathen had their exercises of Religion but in our times those that are most curious are in this point least carefull and religious c Que ningun sâ—ldado pâ—nga las manos en ningun sacerdote o religioso ni le tratarè mal'de palabra so pena de ser castigado ala calidad del delicto Sanch. de Lond. The Spaniards vnto euery tertio or Regiment haue diuers Priestes whom they haue in great estimation and punish those that doe violate them either in worde or deede The punishment of the offenders against this lawe is arbitrary according to the qualitie of the offence 4 Notorious swearers c. For that there are diuers sortes of othes and blasphemies in degree one worse then another therefore haue I left the punishment of them to the discretion of the iudges or officers that deale therein respect alwayes being had to the heinousnesse of the fault The Spaniards inflict grieuous a Ningun soldado rintegue ni blaspheme so pena porla primera vez de treinta pias dâ— drision por la seconda vez sesenta de mas de ser trahido a la verguenca câ—n vna mordaza a la lengua y por la tercera puesto en Galera perpetua â—a volundad Sanch. de Lond. penalties vpon them that transgresse in this behalfe and all Christians ought to detest and banish all abuses 5 All abuses c. Vnder this title are comprised all profane scoffes at religion all wicked opinions bolstered out with colours of religion which together with other faultes seuerally named are seuerely to be punished by the gouernors of campes and garrisons being contrary to good proceedinges in warre and in peace for which also they are condemned by ciuill lawes 6 Many offences c. In this point many abuses are committed by our souldiers of which insueth the displeasure of God and many other great inconueniences To furnish themselues at play some sell their armes others their apparell At play they loose their mony which should buy them victualles and other necessaries By losse some are driuen to steale and to vse other vnlawfull practises Some run to the enemy and commit diuers other outrages For this cause the Spaniard in time of seruice doth banish all b Que ningâ—â— soldado iuegue a iuegos illicitos Sanch. de Lond. vnlawfull games The best remedy of all these abuses is first to take away cardes and dice and to forbidde them the campe or garrison the next is to erect some other warlike exercise the third is punishment both of those that play and those also that mainteine such implements of play But as in other matters so in this also example is most auailable 7 Common women c. Among this number all those women that abuse their bodies vnlawfully are to be numbred For auoiding of which abuses no women are to be suffered to follow the campe nor any suspected women to keepe in the place of garrison The c Que ninguâ—â— soldado tenga in casa muger sâ—spechosa c. San. de Lond. Spaniards in their military lawes do restreine officers by losse of their place and common souldiers by other punishment from this abuse Among the Romane souldiers such abuses were seldome heard of but if they were very seuerely were they punished and carefully reformed Scipio the yoonger when military lawes grew in contempt among the souldiers of Spaine did for redresse banish all women out of the campe 8 For that god c. The voyage of Portugall taught vs the inconueniences of drunkennesse by experience but yet reason teacheth vs much more Thereof proceed quarrels iniuries mutinies and many other disorders Drunken men are vnfitte to march to watch to fight or to do any maner of seruice too common it is notwithstanding among common souldiers And I would to God that captaines and officers of companies were free from it In whomsoeuer it is the same may not be passed without punishment Wherein that neither sober men be touched wrongfully nor drunkardes escape scandalously I doe thinke that those deserue to be punished as drunkards which either through drinke commit any excesse which sober men would not commit or els are vnfit to do the seruice required at their handes CHAP. XXI Part. 2. Wherein lawes are set downe tending to the common safetie of the state armie or garrison 1 ALl souldiers or others that conspire against the state or Prince or Generall or go about to betray the Generall or the army or any part thereof or any city or ground in possession of the state or army shall suffer death and torments if the matter be heinous 2 Such as practise and enterteine intelligence with the enemy without direction or knowledge of their superiors shall be punished as traitors 3 Mutinous and rebellious persons are to be punished with death 4 Whosoeuer yeeldeth a towne or fort to the enemy or motioneth any such matter but vpon extremity and that to the Gouernor or in councell let him be executed as a traitor 5 No captaine officer nor souldier may refuse to come being interteined in pay nor depart the campe or place where he is appointed to serue if the enemy be ready to charge vs or we ready to charge the enemy vpon paine of death if it be not in time of seruice vpon paine of imprisonment Except those alwayes that haue licence of the Generall or chiefe Gouernour or other lawfull cause To hurt and sicke persons the Colonell of the regiment or Iudge martiall or other officer appointed may giue licence that they may depart for a time to refresh themselues 6 All that runne to the enemy or attempt to do it as traitors to their countrey are to be put to death 7 No man shall bewray the word to the enemy or giue a false word in time of seruice nor when the enemy is nere shall sleepe in the watch or suffer him to approch without giuing warning vpon paine of death 8 Whosoeuer of wantonnesse or foolery is cause that the enemy hath notice of our disseins and purposes so that some good opportunity of seruice is thereby omitted is to be punished according to the quality of his offence Interpretations and annotations vpon the former lawes 1 All souldiers c. If conspirators deserue death much more do they deserue the same that execute their treasons and conspiracies a Liu. 28.
was commanded Some spared not their owne friendes no nor sonnes neglecting their commandements This generall rule therefore is to be obserued strictly and the offenders to be punished Neither may they or others make c Que si algun soldado hiriere a algun officiale especialmente su superior muera porello resistance against those officers that punish them for their offences Yet on the other side I doe not authorise rash braines to kill or hurt their souldiers There is difference betweene correction and killing By the orders of the Spaniards he that killeth his souldier disorderly dieth for it By commandements in this place are not vnderstood euery captaines priuate pleasures but orderly directions in time of seruice 2 No captaine nor officer c. No man may returne into his countrey without licence but captaines least of all for example sake For if this were lawfull it were not possible to keepe an army together Such as stay frō their garrison are to seeke when they should lead their company to the charge giue iust occasion of this law 3 All souldiers c. These are next in degree to those that flie out of the field For when they should fight then like traitorous cowards they hide themselues and therefore deserue equall punishment with those that flie 4 No captaine nor officer c. A farre greater fault it is that souldiers seldome haue that pay that their prince alloweth But yet may not those capteines officers be excused which of that which is comming to them do cut off some part and pinch them of the rest by diuers fraudes and deuises After that a Stipendio equites fraudātes Caesarem veriti transsugerunt Caes bel Ciu. 3. Caesar had notice how Roscillus and AEgus two captaines of horsemen had defrauded their men of their pay and taken from them their partes of the spoile as soone as they perceiued it fearing punishment they fled to the enemy 5 No captaine nor other c. Many are the incommodities that come of false mosters The prince is defrauded the army weakned seruice neglected opportunity giuen to the enemy Neither is there any thing that in our times more dishonoreth captaines and officers then the suspicion had of some in this behalfe The army of Iulio the second being in the moster b Guicciard l. 9. rolles double the number that it was indeed could doe nothing of those enterprises that were intended The abuse of mosters was the ruine of c Guicciard l. 15. Francis the first before Pauy Guicciardine reporteth that foure thousand d Guicciard l. 17. Suitzers were mostred and payd for sixe thousand and that Lansqueners seldome are halfe so many as are conteined in the moster rolles of which ensueth the spoile of princes without any effect done in seruice This abuse was not knowen in ancient time which maketh me much woonder that no man goeth about to remooue it and more that those that should reforme it in some places doe suffer captaines to haue certeine dead payes which is a meanes to mainteine it and couer it To remedy this abuse there are two meanes first to allow captaines honourable maintenance and to pay euery souldier by the poll as the e Liu. 28. Romanes did and as the Spaniards doe that haue their Pagadores or Paymasters for this purpose the next is that the Generall cause all the army to be mostred at once and all those that giue in false numbers or commit any abuse heerein to be punished most seuerely By the lawes of France they suffer death No captaine lieutenant c. This law may percase to some seeme needlesse for who would thinke that any man woulde come into the field to fight without armes but he that hath seene the disorder in warres in this point and considered how many captaines lieutenants sergeants which are the brauest men of their companies do come without armes defensiue into the field will acknowledge I doubt not that it is more then necessary to be thought vpon and redressed As it is now they onely leade men to fight and when they come neere conuey themselues out of the braule letting their souldiers fight if they will In time past centurions and their options or lieutenants were the first and principall men of their rankes and the strength of the battel and by the vantage of their armes preuailed against their enemies Would not then so many braue captaines lieutenants and sergeants now adde a great strength to the armie if they stoode in their rankes well armed Now standing out of array they serue for nothing but for cyphres in the ioyning of the battell vnlesse it be to giue euill example and to trouble others The Spaniardes at mosters pay none but such as present themselues before their officers with their armes and furniture If then in mosters armes are to be shewed sure more requisit it is that men should come armed into the field For what reason hath he to reproue and checke his souldiers for casting away or loosing their armes that hath no sufficient armes himselfe 7 No souldier nor other c. For want of sufficient markes and cognisances oft times souldiers of one side hurt their fellowes especially where diuers nations serue together This was the death of Ponsenac diuers braue men an 1569. slaine by their fellowes in a skirmish in France and is cause of many disorders Diligently therefore is this point to be looked vnto especially where the enemy and wee speake both one language Pompey himselfe for want of ready pronouncing the worde had like to haue bin slaine of one of his owne souldiers in the warres against Settorius in Spaine For this cause the Protestants in these late troubles in France wore white cassakes and the Dutch that came in their aide scarfes of colours of their Generall 8 No captaine officer c. Of this cause proceede many quarels among captaines and diuers fraudes in mosters and disobedience of souldiers to their superiors Which cannot be auoided if offending one captaine they may finde protection shelter vnder another Therfore both the receiuers they that are receiued deserue to be punished By the orders of the Spanish campe the captaine looseth his place the souldier is banished offending herein Among the Romanes such abuses were not vsuall But if so be the souldier be euill intreated of his captaine or the seruant by his master then vpon proofe the lord marshall or iudge marshal is to set order 9 Captaines officers of cōpanies c. For that the souldiers are oft times charged while their captaines are absent and therupon fly or commit some other error as men without gouernment therefore are a Que se Huuieren de Leuar vanderas a las guardias vayan los capitanes officiales y◠soldados con todas sus armas en orden pena de castigo arbitrario capteins officers to watch with their companies and to see that their soldiers depart not the place nor
notice tooke the towne disfurnished of souldiers The a Qualquiera persona que hiziere o fixare carteles o dixiere palabras escandalosas de las quales puede causarse tumulto o motin muera por ello Que ningun soldado sobre enemistad o pendentia vieia durante la guerra y iornada rinne nitrate ni por pendentia nueua desafie a otro so pena de la vida al prouocante y destierro al prouocado Spaniards therefore doe expresly forbid all cartels iniurious wordes and braules vpon great penalties both in their armies and garrisons 20 21 No souldier nor other shal fraudulently c. Those that know what necessities poore souldiers are driuen vnto cannot chuse but pity their estate that contrary to orders of law are forced to shift Yet for the necessitie of some the disorder of others that as they stole at home so steale abroad may not passe vnpunished b Nemo pullum alienum rapiat ouem nemo contingat oleum salem lignum nemo exigat Vopisc in vita Aurel Aurelian the emperor would not suffer his souldiers to take so much as a pullet or oile or salt or wood from the country people For c De praeda hostium non lachrymis prouincialiū habeat Vopisc ibidem souldiers saith he ought to enrich themselues with the spoiles of the enemie not with teares of the people that are friends d Sueton. in Tyber Tiberius caused one of his gard to be put to death for taking a peacocke out of a mans yard e Tacit. annal Aufidius Cassius punished rapine and theft most extremely Of the Turke it is reported that he put one of his souldiers to death for taking away a poore womans milke f L. 3. § qui aliena ff de re milit Modestinus iudged him worthy of death that stole his fellows armes To restraine this disorder the Romane souldiers when they were first inrolled did sweare that they would bring to the general or his deputy whatsoeuer they should take vp Onely certaine trifling things were excepted Caesar setting gardes at the gates of the city of g Leptitanis se tradentibus centuriones ad portā posuit ne quis miles ingrederetur Hirt. de bel Afric Leptis that yeelded to him kept his souldiers out for feare they should spoile the inhabitants The Romanes most seuerely punished h Liu. 29. Pleminius and others that spoiled the towne of Locri wherein they lay in garrison And put to death al that legion that driuing out the townsmē seized Rhegium to their owne vse The Spaniards doe diligently a Que ningum soldado dentro ni suera del campo tome ni quite cosa alguna a persona alguna forbid such filcheries In summe the ancient orders of warre require that not only souldiers and others within the campe or garrison possesse their armes and goods in peace but also that our associats and friends be kept from spoyle 22 No man shall burne c. Many things may be found in the enemies countrey which might greatly benefit the army if they could be saued from the wanton spoyle of the souldier Wherefore that souldiers fall not into needlesse wants through their owne default let this law among others be diligently executed 23 All murders c. Such offences as by ciuil lawes are punished at home ought to haue like punishment abroad Yet must the Iudges and Officers that dealt herein proceede with great discretion For small matters in time of peace as neglecting of the watch and disobedience against Officers are seuerely punished in time of warres and contrariwise great matters in time of peace are for some euident cause neglected in warres Fauour and alliance b Aliter in ardore belli aliter in pace iudicandum saith Fabius Liu. 24. haue liew in choyce of Officers in peaceable gouernment but in warres they that make not choyce of worthy men worthily repent themselues Againe in time of peace proceeding is flow and formes are obserued but in proceeding in martiall causes neither formalities nor delayes are admitted Prouided alwayes that in cutting off formalities and delayes iniustice be not done 24 No souldier nor other c. The fift lawe of this Chapter concerneth Captains and Officers this is proper to souldiers and such as passe for souldiers Both are litle ynough to redresse disorders and if there were diuers other lawes made to the same purpose yet were it good if all could remedy the inconueniences that follow false and fraudulent dealing in mosters 25 No souldier that hath c. Military discipline is so farre growne out of vse that men are constreined by expresse lawes to prescribe many particular matters which otherwise might seeme either trifling or needeles And among other things as you see that souldiers dispence and spend their victuals moderatly or rather sparingly for he that betime spareth not very timely shall want CHAP. XXI Part. 4. Wherein orders especially concerning the campe or towne of garrison are conteined 1 WHosoeuer shall deale fraudulently or negligently in such matters as are by his Camerada committed to his trust or gouernment let him haue punishemnt according to his offence and make double restitution out of his pay 2 All manner of persons within the campe or garrison after the watch is set shall repaire to their quarter and there vse silence that euery man may rest All straglers and tumultuous persons that are taken abroad after that time shal be cōmitted to prison and there abide vntill their cause be examined by the officers of iustice order taken for their punishment or dismissing 3 No man in campe or garrison in time of warre shall lodge out of his quarter or delay to repaire thither vpon an alarme giuen vpon paine of imprisonment 4 No souldier nor other shall receiue any stranger into his cabine or lodging vpon paine of imprisonment nor shall harbour any spye or messenger from the enemie vpon paine of death 5 No manner of person shall passe in or out of the campe or towne of garrison any other then the ordinary wayes vpon payne of death 6 Women and boyes and such as do idlely follow the souldiers not being enterteined in pay as much as may be are to bee banished the campe 7 No captaine souldier nor other person in time of necessitie and for defence of himselfe and the armie or garrison shal refuse to worke with mattocke spade basket or other instrument vpon pain of imprisonment 8 No souldier appointed to stand sentinell shall depart from the place or sleepe in the place vpon paine of death nor shall sitte downe vpon paine of imprisonment 9 For keeping the campe cleane and mainteining of mens health some places shal be assigned for the slaughter of beasts others for other necessities at the outsides of the campe or towne of garrison out of which places it shall not be permitted to anie to kill beastes or doe other offices vpon paine of imprisonment Euery
Colonel and Captaine shall looke to the cleansing of his quarter euery third day vpon paine of losse of a months pay and shall cause such as cast out any garbage or filth and bury it not to bee imprisoned 10 No man shall spoile or hurt any victualler or other person comming with prouision for the army or any marchant that bringeth necessary commodities to the campe nor shall breake open any shop or steale any thing out of any tent or caban or house vpon paine of death 11 No man shall buy or sell any victuals but in the place appointed for the market nor vntil such time as the same be reasonably rated by the officers appointed nor aboue that price that is reasonably set vpon paine of forfeiture of such victualles so bought or solde or the value thereof and also imprisonment 12 No souldier nor other shall breake down or burne any house that may serue for lodging of the company nor shall trouble or defile any spring or streame of water that is to be vsed for the seruice of the army vpon paine of imprisonment Annotations for the better vnderstanding of the former lawes 1 Whosoeuer shal deale c. Many are the commodities that proceede of camarades a De Camaradas procede poderse sustentar meior con el sâ—eldo que estando cadauno de porsâ—â—y assimismo grande amistad con otras muchas vtâ—lidades Souldiers do liue better and cheaper in camarada then otherwise they are linked in more strait bonds of friendship one with another if any be sicke or hurt his camarada taketh care of him When they are ranged together one doth more willingly succor another For which cause it were to be wished that as it is among the Spaniards very commonly so among vs our companies were diuided into camaradaes and that such as violate the lawes of societiâ— should be sharpely punished 2 All maner of persons c. The cries and disorders of some lewd persons that take no delight but in their owne lewdnesse and disorder giueth occasion of this law sufficient And all litle enough to stop their mouths and procure others rest In the Romane army there was in time past great quietnesse in the night and now the Turkes after the watch set vse great silence The wandring vp and down of souldiers and others after that time doth couer spies which if euery man resort to his quarter cannot long lie hidden 3 4 No man in camp c. While men lodge out of order it is hard to bring them in a Qua todos los soldados acudan a us vanderas con gran diligentia encommenaeando acoger los atambores the night into any order Besides this inconuenience while souldiers lodge out of their quarter the same falleth out to be vnfurnished oftentimes if the enemy should then chance to assault it and espials cannot be discouered nor the dangers of secret meetings auoyded For which cause order is to be giuen that all do lodge in their owne quarter and giue notice to their superiors if any stranger or suspected person lodge there 5 No maner of person c. While this is neglected the way is made easie vp to the rampire gardes and sentinels are abused and espials passe in and out and are not espied For this cause the Romans did b Si quis vallum transcenderit aut per murum castra ingreditur capite punitur ff dere milit l. punish this disorder with death 6 Women and boyes c. Infinite abuses come into the campe by these meanes Victuals are consumed disorder increased And therefore as Scipio purged his campe at Numantia of all superfluous persons so allowing boyes to captaines and certaine officers the rest are to be banished as much as may be 7 No captaine or souldier c. The stubburnnesse of some and daintinesse of others that either refuse to worke or thinke it not belonging to the profession of a souldier to worke hath giuen but too iust cause of this law which is therfore set downe that euery man not hindred with hurts sicknes may know the it is the duty of a souldier no lesse to worke with a spade in trenches theÌ„ to fight with the sword in the open field The Romans as before I haue shewed generally set hand to the worke which made them victorious oftentimes without setting hand to the sword c Xenoph. exped Cyr. 1. Cyrus and al his nobilitie set hands to worke and holpe forward the cariages that were often myred as his army marched ouer certain moores notwithstanding the Persian pride and brauery But since our souldiers beganne to put such brauery in their silkes it is no maruel if they haue made difficulty to mire themselues For nothing is more contrary to silkes then mire Yet do not the Spaniards that thinke themselues as braue as the best thinke themselues by these labours any whit disgraced 8 No souldier appointed c. The safette of the campe and garrison is oft reposed in the diligence of the sentinell by whose watchfulnes others rest assured The more seuerely therefore ought his negligence to be punished The Romanes in time past as before I haue shewed and now the d Que ningun soldado dexe la sentinela so pena de la vida ni a parte del lugar ni se siente sopena de castigo Spaniards doe punish this fault with death Paulus Aemilius to auoyd the sleeping of sentinels ordered that they should stand or walke which others likewise do now practise 9 For keeping the camp c. There cannot be too much diligence vsed in this behalf The incoÌ„modities that come of infection of the aire occasioned by the filthines of the place are so many the thing so loathsome The a Ningun soldado ni otra persona eche immunditias y esâ—rementos dëtro de los quarteles so pena de castigo arbitrario Spaniards therfore in effect decree as much as we but they obserue it far better The Romans without law proceeded herein very carefully by reason of their continuall experience 10 11 12 No man shal spoile or hurt c. The ancient orders of the Romanes that carried victuals with them sufficient for their company being out of practise and the prouision of the armie being made now from day to day by victuallers that for gaine folow the campe it standeth the Generall vpon to see that they may safely come and go and that victualles may be prouided and saued The army of the Prince of b Caualier Cicuta Orenge that besieged Florence had like to haue bin famished by the disorder of three or foure lewd persons that spoiled the marchants victuallers that came and went from the campe no sooner were they hanged but the army had al things for their mony plentifully By the lawes of the c Que ningun soldado ni otra persona salga a loâ— caminâ—s ni a parte alguna a tomar las
victuallas ni a impedir los conductores dellos ni a romper o quemar los molinos villas granias cazare y lugares de la comarca ni compre victuallas fuerae de las plaças qu◠para venderlas fuerē senna ladas y despues deapreciadas per los officiales Spanish gouernement such spoilers are seuerely punished and victuals both well saued and reasonably rated Neither are victuals onely to be looked vnto but also corne-mils and houses and granges that may serue for the vse of the army streames of water are to be kept cleane not onely for the vse of men but of cattell also These lawes being wel obserued and prouision made not only of victuals things necessary for the whole but also of phisick places of ease for the sick hurt I would wel hope that matters would proceed in better order among souldiers thē they haue done heretofore CHAP. XXI Part. 5. Wherein a forme of lawes especially concerning sea causes and ships going in publike seruice of the Prince is prescribed 1_THe ordinary practise and laws of warre concerning religion and the state also concerning obedience and peaceable conuersation betwixt fellows which haue course in seruice at land shal be obserued likewise at sea respect being alwayes had to the diuers circumstances which are diuers in either 2 The execution of iustice at sea appertaineth to the Generall or chiefe captaine with his counsell if a ship be seuered from the rest of the company then the punishment of faults that may not be differred belongeth to the captaine with the aduise of the most apparent men in the ship Prouided that no execution be done at sea contrary to the lawes of armes nor that such as offend and escape at sea do escape at land also especially where the fault is heinous For which cause those that haue iurisdiction at sea are to haue their iurisdiction cōtinued at land vntil such time as offences be punished 3 No ship shall go foorth vpon publike seruice without sufficient ordonance armes souldiers mariners munition victualles surgeons and other necessary furniture 4 No man shall sell away the armes tacle artillerie victualles or munitions belonging to the ship vpon paine of death 5 Whatsoeuer ship hauing directions to come to a place certaine shall not keepe course if it be possible nor come thither so soone as the winde wil serue the captaine and master and those that are in fault shal suffer death for it 6 Whosoeuer shall motion to do contrary to the Generals direction so long as there is possibilitie or meanes to folow it shall suffer imprisonment for the same and if he persuade the company so that the ship goeth another way both he and those that willingly yeeld to him shal suffer death for their disobedience 7 Whatsoeuer captaine or other doth boord a ship of the enemies without direction or reasonable cause or when commandement is giuen or a signe made of fight doth see a ship boarded vpon one side and doth not if he be able board her on the other side or at least do what hurt he can to the said shippe shall be dismissed from his charge and suffer such further punishment as the General shal thinke meete 8 Euery particular person shal execute his charge imposed vpō him in the ship where he is placed vpon paine of imprisonment 9 No souldier nor other whē the enemy attempteth to board our ship shal abandon his standing vpon paine of death 10 No souldier nor other appointed to board the enemies ship seeing his fellowes entred shal draw backe or resuse to folowe in his turne and order vpon paine of death 11 No man shal breake open his fellowes or others caban or coffer nor shal take any thing thence or from their persons or hide any thing that is not his vpon paine of death 12 He that neglecteth his watch or sleepeth leauing a candle or match light or any fire in any place and putteth it not out shall be put into the bilbowes and haue further punishment as the offence shall deserue 13 When a ship shall be taken then shal the spoile be brought to persons deputed by the Generall or Captaine And whosoeuer shal hide any thing of valew from their knowledge shal not onely loose the same but his share of the rest also Notes vpon the former lawes 1 The ordinary practice c. How many voyages haue bin broken of late time for want of gouernement euery one that is acquainted with sea causes that haue passed of late vnderstandeth Nothing therefore is more requisit then that such as go in those seruices that hereafter shal be attempted should haue both authority to do iustice a forme of proceeding set before them For this cause I haue made this light and as it were first draught that men of wisedome experience seeing what is wanting therein may adde more and bring the same to more perfection Those lawes that concerne treacheries against the prince and state or against the Generall or else concerne mutinies disobedience braules murders or else are common in seruice at land and sea I haue not here set downe for auoyding vnnecessary repetitions Yet are they no lesse necessary at sea then at land And therefore let them be borrowed thence that no militarie disorder nor other offence escape vnpunished 2 The execution of iustice c. The want of this consideration hath bin cause that many notorious treasons and villenies haue escaped without punishmēt I wil not name particulars for that my meaning is rather to prouide against future disorders then to haue the sword drawne for matters forepassed Onely let there bee heereafter care that such as go to sea may be furnished with authoritie to do iustice that rules be set downe that they may know what to doe 3 No ship shal c. The Admirall of France in time of peace at home hath speciall care of this matter In ciuill warres all things are in garboile He putteth into men of war the tenth man and is at a tenth of the charge and deserueth a tenth of the a Popelliniere in a treatise concerning the admitaltie of France prise Which many do wonder how in our daies certaine officers contrarie to all custome do come to challenge especially in goods taken by reprisall Where if law might take place neither the taker nor other ought to haue more then hath beene taken from him in forraine countries But if men will needes haue a tenth yet let them haue a tenth of the care that ships may go foorth well furnished that they be not lost and the land disfurnished in time of seruice 4 No man shall sell c. Euery gunner and petite officer in the Queenes ships can tell the mysterie of this law I woulde it were so wel knowne how we might meete with their filcheries The best means is to looke to matters narrowly and to punish such companions as offend seuerely 5 Whatsoeuer ship c. As at land
the souldiers the better payde rewarded Contrariwise nothing is more vnreasonable thē that those that do least should haue most those that do most should haue nothing as it falleth out when the sack of a towne is giuen to the souldiers For a coward that entreth the last may percase light vpon the greatest spoyle while those that first entred can not stirre for their hurtes Therefore did the Romanes bring all the spoyle to the Generall for the most part and a Nomb. 13. Moses hauing vanquished the Midianites after hee had the spoyle brought to him diuided it among all the souldiers Neither doeth any reason permit but that those that watch and fight should haue as good part as straglers that runne to spoyle And to permit all to goe to spoyle together were to yeelde the victory to the enemy How hard therfore so euer it seeme to keep the souldiers from spoyle yet doe I thinke they might easily be perswaded if they were well dealt withall and albeit it were a hard poynt yet must Captaines endeuour to obteine it 4 Euery man shall haue c. It is an inhumane and hard part to massacre such as yeelde them selues and throwe downe their weapons confessing them selues vanquished and flying to our mercy The Lacedaemonians in the first beginning of the Peloponnesian warre killed as many Athenians as they caught which the Athenians likewise practiced vpon the Lacedaemonians to requite them but in the end saith b Thucid. 2. Thucidides this truelty displeased them both The Spaniards in the beginning of their warres in the Low countreys killed cruelly as many as they tooke but when they saw them selues to be dealt withall in like sort they repented and perceiued that such sauage cruelty is contrary to the nature of faire warres but if it be inhumanity to kill him that yeeldeth much more is it for men to kill those in colde blood whome they haue promised to saue Who doeth not detest the cruell slaughter of the Prince of Condè after he was taken at Bassac and of those Gentlemen that then were taken prisoners stayne three dayes after in the Generals lodging Prisoners therefore let them be saued if it may be and that composition that is made with them for their ransome let it be performed CHAP. XXI Part 9. Wherein certaine orders are conteined concerning the execution of Lawes and administration of iustice 1 THat the auctours of disorders may be detected and punishment awarded accordingly it shal be lawfull for the iudge Marshall or others that haue commission from the Generall or lorde Martiall to do iustice to enquire of the auctours and circumstances of offences committed by the othes of such and so many as they thinke conuenient and shal further vse all meanes for examination and triall of persons accused dilated suspected or defamed 2 All causes and controuersies arising betweene Captaines and souldiers or others within the campe or townes of garrison shal be heard and discussed summarily and execution done according to military lawes without appeale or relation vnlesse the greatnes of the cause or other circumstance require stay or deliberation 3 If any Captaine Gentleman or souldier declare or make his testament or last will of goods he hath in campe or fortresse or which he hath gotten in seruice the same shall be enrolled in the iudge Martials office and executed by those that are named executors if no will be made then shall his goods descend to his next kinred or wife if he haue any If he haue none or if none come to demaund his goods within one yeere then shall his goods be bestowed on the poore souldiers of the regiment or company the diuision being made by two or three deputed to administer them 4 The Prouost Martiall shal see all iudgements sentences and commandements of the General high Martiall or iudge Martiall put in execution 5 Euery souldier and other person shall assist the Prouost Martiall and his Officers apprehending of malefactors and executing of iustice vpon paine of imprisonment neither shall any rescue a prisoner taken or to be taken for any capitall crime vpon payne of death 6 No man shall interrupt or trouble the iudge Martiall or Officers of iustice doing their office but vpon request made shall be ready to assist them vpon paine of imprisonment 7 No gaoler nor prison keeper shall refuse to keepe a prisoner committed to his charge or dismisse him being once receiued without warrant vpon like paine as hee should haue suffered that is so dismissed or suffered to escape 8 Wheresoeuer there is not speciall order set downe in lawes already written and published there the ancient course of military discipline shall be obserued vntill such time as the Generall or the Officers appointed for the administration of iustice cause order to be taken and by sound of drumme to be published which shall afterward stand in force 9 If any that is culpable of any notorious disorder do flie ouer into England hoping thereby to escape the danger of martiall lawes the same party vpon request made to the Iustices Sherifes Maiors Baylifes or Constables shal be sent backe to the campe to the Prouost martiall And euery of them shall doe their endeuour to assist those that are sent for the apprehension of him But if request be made for the punishment of him then shall the same offender be tryed before the Iudges at the next assises and by them be punished 10 Although the warres be ended yet are those that offend against the lawes of armes and during that time are not punished to be apprehended and punished according to the same either by the Iudge Martiall and Prouost Martiall whose commissions are to be extended so farre or by the Iudges of the Realme that notorious faultes doe not passe without punishment Annotations 1 That the authours c. If neither state nor house can stand without iustice much lesse can any armie be gouerned without it Most necessary therefore are the lawes of this section and so much the rather for that lawe is nothing without execution But because iustice cannot be executed vnlesse offenders be detected therefore the first care of those that purpose to proceede orderly is to finde out the authours of offences and persons culpable This is by examination and othe both of the parties principall as farre as they are bound by lawe to answere and of witnesses also further where presumptions are sufficient and the matter heinous by racke or other paine The administration of iustice belongeth to the Generall and lord Marshal or those to whom they shall giue aucthoritie where there is no superiour commander to Captaines ioyning together as it is euident by our practise and also by the examples of the Greekes returning from the voyage with Cyrus which a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Xenoph. exped Cyr. 5. appointed certaine Captaines iudges and gaue them aucthoritie to determine of matters and to punish offenders 2 All causes c.