among Christian Princes and to moue their subiects to oppose against them surely his owne conscience shall testifie against him which will be as strong as a thousand witnesses as Persius very well sayth Poena autem vehemens ac multo seuerior illis Satyr 3. Quas Ceditius grauis inuenit Rodamanthus Nocte diéque suum gestare in pectore testem And againe Conscientia mille testes onus Aetna grauius Can he find by the word of God No subiect can rebell for any cause Rom. 13. that it is lawfull for the subiect to rebell against his Prince for any cause whatsoeuer Saint Paul sayth Let euery soule submit himselfe to the higher powers there is no power but of God all powers that are be ordayned of God and whosoeuer resisteth the power resisteth the ordinance of God and procureth to himselfe damnation When Pilate sayd to Christ Iohn 18. Knowest thou not that I haue power to loose thee also to crucifie thee he sayd thou shouldest haue no power at all ouer me were it not giuen thee from aboue our Sauior Christ was called afore the high Priests to answere to his doctrine did he oppose himselfe any way against them no he knew they had their authority from God and therefore he shewed all obedience to them in respect of their place and patiently suffered death though vniustly according to their wicked law and iudgements When Malcus with other of the high Priests seruants came by their commandement to take Christ Iohn 18. Peter drew out his sword cut off Malcus eare Christ said vnto him Put vp thy sword into thy sheath Math. 25. for all that strike with the sword shall perish therewith thinkest thou that I cannot speake to my Father and he shall giue me more then twenty legions of Angels but how should then the Scripture bee performed The famous clarke Erasmus in his Paraphrase vppon this place of Scripture Paraphrase speaketh these words vnto Peter as it were in the persō of Christ Put vp thy sword into thy sheath matters of the Gospell are not in such manner to be defended if thou wilt succeed me as my vicar thou must fight with no other sword then of Gods word which cutteth away sinne and saueth the man And the auncient father Tertullian in his Apologia cap. 37 sayth In our profession more meeter it is to be slaine then to slay So did all the Martyrs of God by whom the Church of Christ increased Saint Augustine saith Not resistendo sed perferendo Not by resisting but by suffering If the Prince should set foorth a law touching the worshiping of God or matter of conscience against the word of God and lymit a paine to the breakers thereof Acts. 4. though the subiect be not bound in conscience to obserue that law for in such cases a man must rather obey God then man yet he may not rebell nor oppose himselfe violently against his Prince but he must rather referre his cause to God and submit himselfe to the punishmēts of the law Peter 2. as Saint Peter saith Submit your selfe to euery ordinance of man for the Lords sake whether it be to the king as to the chiefe or to them that be sent of him then it followeth he may not rebell whatsoeuer the ordinance be The Iewes had a law that whosoeuer should say he was the Sonne of God should die Christ that was the soonne of God in déede Looke Iohn 19. verse 7. and so declared himselfe to the people to be yet he did submit himselfe to the paine of the law thoughit be vngodly ¶ The manner how to suppresse rebels with a perswasion to all subiects to the due of obedience of their Prince the great inconueniences that arise of ciuill warres How hatefull the name of a traytour is to the posteritie and what plagues haue fallen not onely vppon traytors but also vppon such as haue bene murmurers against their Princes Gouernors CHAP. 8. WHen the Princes of Germany determined to take armes against the emperor for the defence of their religion Bodinus 211 they asked Luther if it were lawfull so to do who answered expresly that it was not Sleildan 4. and would not perswade them thereunto saying that no cause could be iust for the subiect to beare armes against his Prince countrey And because it is conuenient that rebellious and disordered people should be dealt withall with conuenient speed Bodinus lib. 4. fol. 487. let vs heare what Bodinus writeth concerning the maner how Si tamen seditio priùs coorta fuerit quà m prospiceretur sapientissimos ac summa virtute praestantes viros qui populi motus orationis lenitate ac prudētia regere possunt adhibere oportebit nam qui vi◠adhibent perinde faciunt vt ij qui torrentem praecipiti casu de rupibus altissimis labentem sistere se posse confidunt How rebels must be suppressed If seditious persons and rebels be assembled together afore it be foreseene the wisest men and such as for their great vertue excell can moue the people with their gentle and wise perswasions are most meetest to be vsed for such as at the first vse force do as they which thinke to stay a great water falling headlong from the high rocks If wild beasts cannot be tamed with strokes but by gentle and skilfull vsing of them who can thinke with sharpe and rough words to tame such as of all beasts are most fierce The Senate of Rome did very often reprehend such as vsed force to appease the furie of the people and rather cōmended Menenius Agrippa which not with bitternesse but rather with gentlenesse and cunning vsed to reduce the people to their obedience and dutie which aboue all other bred to him immortall praise and glorie to the common wealth And to that effect the Poet Virgill writeth thus Ac veluti magno in populo cum sepè coorta est Seditio Aeneid lib. 1. saeuitque animis ignobile vulgus Iamque faces saxa volant furor arma ministrat Tum pietate grauem ac meritis si fortè virum quem Conspexêre silent arrectisque auribus astant Ille regit dictis animos pectora mulcet Whē sedition is raised amongst the common people in their rage firebrands and stones flie for furie doth minister weapons then if they see by chaunce anie graue man to be reuerenced for his vertee and good deserts they are silent and hearken to him diligently and he asswageth with his mildnesse and wise speeches their minds and rages Pericles So did Pericles the Athenian Peter Loredan the Venetian and others whereby it appeareth that vertue and wisdome doth sometime mors preuaile in these cases then either lawes armes or the commandement of rulers And to restraine such rebellious people and reduce them to due obedience the feare and reuerence of Religion hath bene in times past of great force Lib.
est When the Prince doth ordain punishment to any he is sad also where any is punished he taketh it as it were don to himself She is a most milde Prince not fearefull to behold or to be spoken vnto Ouid metamor li. 2. f 30. Nullae in fronte minae nec formidabile lumen But with most benign and gracious countenances receiueth and answereth the petitions supplications of her subiects she is of that honorable and princely disposition in all things that euen the greatest Princes do honor her And in that hir Ma. 4 cause of incoragemēt hath fortified the borders of this realme in places dāgerous for inuasion with such castels and strong holds with a mighty nauy of warlike ships Fortification of the realme and furnished her kingdome with such abundāce of armor all other things necessary for the wars and defence of her cuntry people as the like hath not bin seen in any Princes dayes before her time If we will consider the miserable conditions of such Nations as liue vnder Princes where the pleasure of the Prince standeth for law Miserable cōditions of other people and where the king saith Sic volo sic Iubeo stat pro ratione voluntas So I will Iuuenal so I command my will shall stand for reason And compare the same with our happy state we haue iust cause to thinke our selues much bound to God for our Princes not only make good and wholsome lawes Good lawes but are wel pleased also to be ordered by them in the day of their Coronation take a solemne Oath vpon the holy booke of God to indeuor themselues Othe that the same lawes shall be obserued and executed to all indifferently Osor fo 105. And therein is the difference saith Osorius betwixt a kind and a Tyrant Non mediocre discrimen est inter regematque tyrannum quòd Rex legibus s◠deuinctum profitetur Tyrannus vero in interitu legum omnem dignitatem suam collocandam existimet Among many other what an Honorable law was made in the 9. yeere of king Henry the third 9. Hen. 3. A most honorable Law as followeth No frée man shal be takē or imprisoned or be desseised of his freehold liberties or frée customes or be outlawed or exiled or anie waies destroyed nor we shall not passe vppon him nor deale with him but by lawfull iudgement of his peeres or by the Lawes of the land we shall sell to no man wee shall deny nor deferre no man 42. li. Ass either of iustice right or equitie By which statute a Commission granted out of the Chancerie to take I. N. and seize his goodes and chattels was iudged void for that it was done without iudgement or sute of the partie or other due processe How happie be we in respect of the Russes amongst whom there is a lawe Russes if any man die without issue male though he haue many daughters yet the Prince seizeth all his goods to his own vse except perhaps of his goods he giueth some part amongest the daughters to bestowe them in marriage And likewise if a man that is vnfit in his owne person for the warres hath such wealth that thereby many warriours might be maintained or that if any of the Courtiers hauing knowledge thereof doe present his name to the Emperour the vnhappie man by and by is sent for and in that instant depriued of all his riches which with great paines and trauaile all his life time he hath gotten togither except perchāce some small porcion thereof be left to maintaine himselfe his wife children and familie withall and then the Emperour bestoweth these goodes amongst his Courtiers according to their deserts Booke of Nauigation fol. 788. 417. as appeareth in the booke of Nauigation But no such vse lawe nor custome is amongst vs. For if a man haue no sonnes then his daughters or some other of his line possesse his landes and his Executor his goodes as pleaseth the owner to limit And when our Prince would haue ayde of her subiects towards the maintenance of her warres or for other necessarie respects she taketh not her subiects lands or goodes from them neither can so doe by her Highnesse lawes except they be first thereby condemned and so forfait them for some offence but vseth to call a Parliament and by the assent of all her Nobles and Commons hath Subsidies and other aydes of her subiects towards the defraying of som of these charges and the subsidie or ayde thus granted if it be of lande for the most part amounteth not to the thirtieth part of the yeerely rent of the same and if it be of goods reacheth not oftentimes to the fiftieth part thereof Againe whereas in France Tributes for meat drink in other countries Flanders and other Countries the people pay certain tribute to their princes for some sort of meat and drinke and for their dwellinges We are not charged with any such impositions Neither is such torment vsed heer in execution of offenders Torments in execution as breaking of their legs armes and backe and so laide on a whéele of a cart pitched on a pole and there to lie till hee be dead which is common in other Realmes by the Ciuill lawes but is executed here by hāging onely till he be dead except it be in case of high treason Therfore I say we are in these respects most happy in regarde of other Nations ¶ How much we are bound to God that doth assist her maiesty with such graue wise and most honourable Counsellers and also diuers and sundry perswasions in respect of the premisses and other things why we should all resolutely fight in the defiance of the enimy And of the miseries of warre where the enimy preuaileth Chap. 3. AS a further cause of this incouragment Fift cause of incoragemēt how much are we bound to God in that it hath pleased him alwaies to assist her Ma. with such honorable counsellers men of such grauity Wise Counsellers truth faithfulnesse and wisdome of such deep skil consideration policie forecast and experience as to speak it plainly simply no Prince vnder the sun is furnished with the like or at least with a better by whose great wisdome trauel and indeuour this common peace and quietnesse hath bin so long preserued and mantained If any thing hath bin intended to the perill of her maiesties person or danger of the state that hath been by them quickly espied deeply looked into and with greate wisdome pollicie in time preuented and auoided to their great honors immortall fame so as in the choise of them her maiesty hath most graciously wisely considered of the saying of Osorius Osor sol 292. Necesse est vt Regis consiliarij sint maximo ingenio praediti bonis artibus exculti longo rerum vsu per ti in historijs diligentissimè versati What men must be
s. which amounted to an inestimable sum Holinsh f. 11. Graft abridg An. 1085. when it came all together into his exchequer And did not he shortly after cause all mens goods and chattels to be valued and raised thereof also a maruelous great masse of mony to the great greife and impouerishment of our people who so sore lamented the miserable case wherein they were thrawled that they hated the Normans in their hartes with deadly mallice howbeit the more they spake and séemed to grudge against such sore touls tallages and cruell oppressions as were daily deuised to their vtter vndoings the more they were burdened after the manner of the bondage which the children of Israel sometime suffered in Egipt for on the other side the Normans perceiuing the hatred which the Englishmen did beare towardes them were sore offended in their mindes and therefore sought by all manner of waies how to kéepe them vnder In like sort did not Wil. Rufus ouerthrow diuers and sundry townes Holinsh 313. parishes villages and buildings for the space of thrée miles together to make thereof a Forrest which to this day is called the new Forrest for wilde beasts and deare whereby no small member of the poore lost their houses their lands and liuings for the maintenance of sauage beasts Nevv forrest Camden 188. of whose hard dealing in this case Doctor White Bishop of Winchester hath these verses written as Camden affirmeth fo 198. B. of Win. Templa adimit diuis fora ciuibus arua colonis Rufus instituit Beanlensi in rure forestam Rex ceruum insequitur Regem vindicta Tirellus Non bene praeuisum transfixit acumine ferri Did not he cause a greiuous paine to be ordained insomuch that who so euer did kill any of the same deare he should haue his eies put out Eies put out for hunting wherevpon many refusing to sustaine such an intollerable yoke of thrauldome as was dayly laid vpon them by the Normans choose rather to leaue both lands and goods and after the manner of outlawes got them to the woods with their wiues children and seruants meaning from thenceforth wholy to liue vppon the spoyle of the Countries adioyning and to take what so euer came first to hand wherevpon shortlie it came to passe that no man might in safetie trauel from his owne house or towne to his neighbours and euery quiet and honest mans house became as it were a hould or fortresse and was furnished for defence with Bowes Arrowes Billes Pollaxes Swordes Clubbes and Staues the dores kept locked and strongly boulted and namely in the night season for feare to be surprised as it had bin in time of war and amongst publique enimies Prayers were made also to almighty God by the maister of the house to saue and defend them as though they had bin in the middest of the seas in some stormy tempest by meanes of these hard dealing towards the English nation The people in the North parts of this Realme did rebell whome the Normans suppressed Hands cut off for rebelling and caused some of their hands to be cut of in token of their rebellious dealings and others by death to be punished and tooke so great a displeasure with the inhabitants of those parts that he wasted all the land betwixt Yorke and Durham so that for the space of 90. miles there was left in manner no habitation for the people by reason whereof it laie waste and deserte by the space of nine or tenne yeares so that no greater misery in the earth could happen then that into the which our nation was now falne Likewise did not he take from the Towns and Citties from the Bishops and Abbies all their ancient priuiledges and frée Customes to the end they should not onely be cut short and made weaker but also that they might redéeme the same of him for such somes of money as it pleased him to appointe to obtaine their quietnesse and made protestation that as he came to the gouernance of this Realme by plaine conquest so he would and did seize into his hands the most parte of euerie mans possessions causing them to redéeme the same at his handes againe and yet retained a parte in the most parte of them so that they that shoulde afterwardes inioy them shoulde acknowledge themselues to hold them of him in yéelding a yearely rent to him and his successors for euer In like manner when the Spaniards by violence possesthe sed Crowne of Portingall Booke of the estate of Fugitiues did not the king of Spaine vse the authoritie of a Conqueror and the tyrannicall cruelty of an vsurper altring their Lawes confounding their priuiledges ouerturning the whole estate of their gouernment strangling some of their Nobilitie and other of them beheading imprisoning and banishing some other of them with many other horrible and pittifull actions These are also other miseries which followe where the enemy doth get the vpper hand and shall we looke for any other dealing if they should ouercome vs ¶ That we shal preuaile against our enimies by faithful praiers to God wherof diuers examples are here set down out of the Bible also diuers other good perswasions to withstād the enimy and how that euery man is bound so to do whereby great fame is attained and left to posterities Chap. 4. IF we wil consider how valiantly our forefathers haue alwaies resisted forren forces prepared against our countrey 6. cause of incorragemēt and what great renowne and same they haue gotten for their valour in Armes which is spread amongest all Christian Nations of whom it is written Anglia Bistonio semper gens inclita marte England a Nation euer famous in battell Bysto is a coūtrey of valiāt people in warres in thrace Camd. fol. 7. Of whome Iohn Wheathamsted sometime the Abbot of S. Albons in his Granario writeth Sufficiat igitur Britannis pro nobilitatis suae orgine quod sint fortes potentes in praelijs quodque vndique debellent aduersarios nullumque penitus patiantur iugum seruitutis It is sufficient for the Britaine 's of whom we are descended for the beginning of their Nobility that they are strong mightie in battell and that they doe euery where beate downe their enimies and cannot suffer by any meanes the yoke of any bondage If we will remember that no Nation sithence the Conquest of this lande which is about 529. yeares past coulde yet ouercome vs praised be God therfore notwithstanding sundry attempts made to that end if we will call to mind the notable ouerthrowes which king Richard the first gaue the Infidels with a few Englishmen Foxe 245. Hol. 1191. and made the king of Cypres to doe him homage for his kingdome and besides him diuers other valiant kings and people haue we brought into subiection and made them stoope to the Crown of England as by our Chronicles is euident we haue nowe then great cause to be mightily incouraged in
tooke good assurance of king Peter for the paiment of the souldiers wages 1367. The Prince setteth forward to Spaine Thus when the Prince had taken order for his iourny in each condition as was thought behoofefull he with the king of Spaine in his companie passed forth with an army of thirtie thousand men Henrie king of Spaine hauing knowledge that the Prince of Wales was thus comming against him to restore his brother king Peter to his former degrée assembled of the French and of his owne people to the number of fourescore seuen thousand or there about of men of warre wherof seuen thousand were horsemen King Henrie sent to the Prince an Herald of armes with a letter The king of Spaine sendeth to the Prince requiring to know of him for what cause he moued warre against him sith he had neuer offered him any such occasion The Prince dispatched the Herald with an answer to the Letter containing in effect that for great considerations he had taken vpon him to aide the rightfull king of Spaine thased out of his realme by violent wrong and that if it might be he would gladly make an agréemēt betwixt them but so algates that king Henry of necessitie must then forsake all the title of the kingdome of Spaine which by no rightful meanes he could enioy and therfore if he refused thus to do he was for his part resolued how to procéed The Herald departed with this answer and came therewith to king Henrie and deliuered it vnto him as then lodged with his puissant armie at Nouarret which he liked not whereupon both parties prepared themselues to battell and ioyned The battell was eagerly fought the victorie fell to the Prince There were staine of men of armes fiue hundred and thrée score The number slaine at this battell at Nouarret and of Commons about seuē thousand and fiue hundred of the kings part and of the English part there was slaine of men of account but verie few viz. foure knights two Gascoynes one Almaine and the fourth an Englishman and of other meane Souldiers not past foure hundred Froissard as Froissard saith but other affirme that there was slaine of the Princes part about sixtéene hundred which shold séeme to be more like a truth if the battel were fought so sore fiercely as Froissard himselfe doth make report This battell was fought vpon a Saturday Caxton the third of Aprill in the yeare of our Lord 1367. There was taken prisoners of the kings part to the number of two thousand and amongst them the Earle of Dene Sir Berthram de Cleaquine the Marshall Dandrehen or Dandenhien and many other men of great account After the battell King Peter went to Burgis and was receiued into the Citie and shortly the Prince came thither Froissard and there held his Easter with king Peter and taried there aboue thrée wéeks in the meane time they of Austergus Toledo Lisbon Cordeua Gallice Ciuill of all other places of the kingdome of Spaine came in did homage to King Peter promising him to be true to him euer after for they saw that resistance would not auaile so long as the Prince should be in the Countrie I note by this discourse Note the mightie courage of this noble Prince that durst enterprise to displace a king of his royall seat in his owne kingdome being there a méere stranger and to encounter him in so great an action hauing not aboue thirtie thousand in his Campe the king being about fourescore sixe thousand strong whereof aboue seuen thousand were horsmen and in his owne countrey where he might be furnished to supply his want And here I may not omit to speake of the notable and valiant seruice performed by the said noble Earle of Essex and the right noble Charles Haward now Earle of Nottingham high Admirall of England and diuerse other Lords Knights Esquires and Gentlemen at Cales in Spaine in the thirtie eight yere of her Maiesties raigne where they found fiue Gallions of the king of Spaines that is to say the Philip being Admirall the S. Matthew the S. Andrew the S. Thomas the S. Iames three Leuantices two great ships of Noua Hispania and diuerse gallies and 20 marchant ships richly loden for the Indies at which time the English had fight with the said Gallies about an houre the next day the English men and the Spaniards incountred each the other valiantly which conflict continued from seauen of the clocke in the morning till one in the after noone which was so sharpe that some of the Spanish ships did runne vp the riuer further into the country to saue themselues The said ships called S. Mathew and S. Andrew were taken and brought into England the Philip another being Uiceadmirall ranne themselues on ground and the English entred the Philip to haue had the spoile of her which the Spaniards perceiuing did set on fire and went out and the English men escaped the fire with danger some other of their ships were fired by vs there the Generall landed about sire thousand men and marched towards Cales citie being led by the said noble Earle of Essex giuen in the head of that troupe whome certaine of the Spaniards met some on foote and some on horsebacke out of the citie about halfe a mile but they did not tarie but retired to the towne The said Eerle of Essex pursued them resolutely and with such inuincible courage vnto their walles where they played vpon them with their ordinance and small shot awhile but in the end they entred by plaine force with small losse of their men The Earle of Essex was one of the first that entred with many voluntarie Gentlemen and they which entred were not aboue 1000 men which wanne the towne but there was good ayde at hand In the towne there were 500 horsemen and a thousand footmen besides a great number of other townesmen and great store of munition ordinance and victualles The towne was strongly walled hauing a castle strongly edified in the midst thereof and so fortified and victualled that it was thought impossible to haue bene wonne without cannon shot and the houses were all of stone very strongly and defencibly builded so as if they had stood to it it had not bene possible with a far greater number to haue bene so soone surprised We tooke the spoyle of the Citie being very rich in Iewels Plate Money Cloth of gold Silke Sugars Wine Oyle Rice and other marchandise which was esteemed with the losse of the said ships and goods in them to be worth a huge sūme of money The said noble Earles of Essex and Nottingham knowing the loosenesse of soldiers very honorably caused the Ladies and gentlewomen wherof there were diuerse in that Citie with the rest of the women and children with 500 men to be safely conueyed out of the Citie and a straite proclamation made that none should offer to any of them any
to endure during the Queenes Maiesties life that now is And it is felony in any that hath the charge of armour vtctuals powder shot munition or other abiliments of war or victuals prouided for victualling of any souldiers gunners or mariners or pyoners of the Queenes Maiestie that shall to hinder her Maiesties seruice willingly imbezell or conuey away the same being to the value of xx shillings at one or diuerse times if he be within one yeare next after impeachedsor the same 31. Eliz. Chap. And for that her Maiestie must haue souldiers to serue her in warre 31. Eliz. Souldiers it is conuenient to set downe their duties Also it is felony by a Statute made 18. Henry the sixt in euery man that is mustered and receiueth the kings wages 18. Henry the sixt which departeth from his Captaine without licence of his Captaine except it be for notorious sicknesse or impediment by the visitation of God and if any souldier man at armes or archer mustered of record and going with his Captaine beyond the sea shall returne into England within the tearme for which his Captaine hath retayned him or leaue his Captaine there in the kings seruice and aduenture of the warre except hee hath reasonable cause shewed to his Captaine and by him to the chiefe in the countrey hauing royall power and thereuppon shall haue licence of his Captaine Licence vnder his seale and the cause of his licence and who that so is mustered of record and commeth away without letters testimoniall of his Captaine as is sayd within his tearme on this side the sea that the kings ministers there shall haue authority to arrest thē and them there keepe vntill it be inquired and if it may be found before the Iustice of peace and proued that they haue so mustered of record departed from their Captaine without licence as aforesayd Felony Souldiers by sea 13. Eliz. that then they shall be punished as felons as by that Statute plainly appeareth and the sayd Statute is made to extend to souldiers and gunners which serue on the sea as appeareth by thirteenth Eliz. If any person that shal be cōmanded to come to the muster Musters 4 5. P. and M 3. doe willingly absent himselfe hauing no excuse of sickenesse or other lawfull impediment or at their apparance at such musters doe not bring with them the best furniture of array and Armour Armour as he or they shall then haue for his or their owne person in a readinesse Imprisonment shall for euery such default or offence haue imprisonment by the space of ten daies without bayle or mainprise by the cōmandement of such as shall haue authoritie to take the same musters vnlesse the offenders do agree with the said Commissioners or two of them to pay to the vse of the Queenes Maiestie for euery such offence fortie shillings for a fine 40. shillings And by the same acte it is further enacted that if any being authorised to leauy Mustermaistter muster or make anie men to serue in warre or otherwise for the defence of this Realme Take monie doe by any meanes take or cause to be taken any thing of any person that shal be appointed named or mustered to serue in any such seruice Release soldier to release or discharge him of such seruice he shall for such offence forfeit fiue times so much as he shall so receiue exacte or take There was a notable necessary exāple made of one L. a Captaine one E. a Scriuener which L. by writing indēted receiued of the Shiriffe of W. by order from her Maiesties Counsell certaine soldiers to be by the said L. conducted to serue her Maiestie in the I le of Wight the said L. by confederacie with the said E. discharged diuerse of the said souldiers for money and deuised betwixt them another writing by colour wherof the said L. caused certaine Constables to bring afore the said L. certaine other to supplie the roome of the other before discharged which was done accordingly for which bad practise prouided euidently the said L. and E. were fined seuerally at 500 markes and adiudged also to stand on the pillorie at Westminster and likewise at the Assises in the said County of W. By this practice the Queens Maiesty was disappointed of the souldiers which by her authoritie were prest and so bound to serue whose departure frōher seruice without lawful licence had bin fellony by the law where the other were not boūd to serue 4 5. P Ma. ca. 3. neither had their departure without any licence bene felonie because they were prest without her Highnesse authoritie If anie Captaine Discharge souldier Wages Conduct money pety Captaine or other hauing chaxge of men for seruice in warre shall for gaine take discharge or licence any of his souldiers or man appointed to serue in the warres vnder his rule or order to depart from the said seruice or shall not pay vnto his souldiers their full and whole wages conducte and coate money within ten daies next after he shall haue receiued the same Ten times the value he shall forfeit for euery such offence ten times the value of the thing so taken or receiued and shall also pay to euery souldier from whome he shall so withhold any of the said wages conduct or coate money Treble sūme Holinsh 998. treble so withhoulden Holinsh 998. speaketh of a knight executed as a traitor for not paying souldiers their wages 51. E. 3. which he receiued of the king to pay them withall Anno 51. Edward 3. And touching the true seruice of Captains and souldiers Captaines Souldiers 2. 3. Ed. 6. ca. 2. it is farther ordained by a statute made in the second and third yere of Edward the sixt that if any souldier seruing the king in his warres do giue or put away any horse gelding or mare or any harnesse wherewith he shal be set forth Souldier put away horse or armour that then euery such souldier so offending vpon due proofe or testimonie to be brought afore the Lieutenant high Admirall the kings deputie Uiceadmirall or Captaine and in their absence before any of their deputies shal be imprisoned by the same Lieutenant or any other before named without baile or mainprise vntill he hath satisfied to the partie owner of the horse gelding mare or harnesse so by him sold purloined exchanged or so wilfully lost altered or otherwise made away and if such souldiers so offending fortune to escape from the Lieutenant and other the aforesaid persons without punishment and restitution aforesaid that then the same souldier vpon complaint made by the partie grieued or his executors or administrators vpon due proofe thereof to be made by any Iustice or Iustices of Peace in the parts where such souldiers so offending shal be found shall by such Iastice be cōmitted to ward without baile or mainprise there to remaine vntill
he haue satisfied the parties grieued his executors or administrators of or for such horses geldings mares harnesse so by any such souldier wilfully lost changed altered or otherwise wilfully purloyned except the same shal be lost in the kings seruice against the will of the said souldier or were taken by the said Lieutenant or anie of the other afore named from the said souldier for any reasonable respect and appointed to some other to serue in his steede and the same testified sufficiently from any the sayd persons to the sayd Iustice then the sayd souldier not bringing the sayd horse or harnesse to the owner shall be discharged thereof against the owner And by the sayd Statute it is also ordayned that if any souldier seruing in the kings warres Souldier depart depart without licence of the Lieutenant or any of the other aboue named with buttey or otherwise being in the enemies countrey or else where in the kings seruice or out of any garrison where he or they shall be appointed to serue it is felony Felony and shall loose the benefit of his cleargie and sanctuary This Statute was repealed but it is reuiued by 4 and 5 Philip and Mary Cap. 3. And further it is ordayned by the Statute of 2 3 of Edward the sixt cap. 2 3 E. 6. cap. 1. Commissioners for setting forth of souldiers 2 that if any to whom the king shall direct his commandement by commission or letters for the leuying or setting forth of any man to serue the king in his war shall at any time for any gayne discharge any by him appointed to serue the king in his wars and do assigne any other person in his steede for any gaine as is aforesayd Forfeit twenty pounds the persons so effending shall forfeit to the king for euery man so discharged twentie pounds And if any Captaine doe for any cause Licence souldier to depart Lieutenant licence any souldier in his retinue to depart from the field or fortresse where they shall be appointed to serue without the speciall assent and licence of the Lieutenant in writing shall forfeit for euery such souldier so by him licēsed to depart Forfeit twenty pounds twenty pounds If any hauing the order of any number of souldiers seruing vpon the sea or land doe at any time take of the king any wages for any more souldiers then serued in such manner forme as the wages was payed for Take wages for more then serue Dayes or for any more dayes then such souldiers serue and do not note the dayes of euery souldiers entrie into wages and day of his death and departure and deliuer the same to such treasurers as shall pay the sayd wages euery moneth in writing so as the truth of the number of souldiers may appeare to the kings treasurer and maister of the kings musters Forfeit fiue pounds for the time being in that behalfe he shal forfeit to the king for euery such default fiue pounds and be imprisoned by the space of one moneth and loose his roome and office No Captaine shall graunt to any of his souldiers appointed to serue vnder him Captaine in any towne or fortresse kept with garrisons of souldiers any licence or pasports to depart from his seruice Souldier Licence Lieutenant Imprisonment Proclamation but onely the Lieutenant or any other as is aforesayd vppon paine of imprisonment as well of the Captaine as souldier so offending at the discretion of the sayd Lieutenant Euery Lieutenant vppon the paine of ten pounds shall cause to be proclaimed the whole effect and contents of this Act that is to say euery Lieutenant of any army in euery field to proclaime this Act euery moneth and that euery of the kings deputies of any fortresse Euery moneth Captaine of any fortresse to proclaime this Act within his charge once euery quarter in a yeare Euery quarter One moneths wages and euery person giuing to the Lieutenant true information of any the offences aboue remembred shall haue for his labor one moneths wages of him that shall be found faulty to be payd by the hand of the treasurer vpon the warrant of the Lieuteuant or any of the others aforesayd It is lawfull to the sayd Lieutenants and other the sayd persons to retaine in his or their owne hands to their owne vse of the wages of his or their souldiers the summes following that is to say sixe shillings eight pence for the liuery coate of euery common souldier Retain wages Coate and thirteene shillings foure pence for the coate of euery gentleman souldier for one whole yeare No manner of Liuetenant or any other the sayd persons shall be charged or preiudiced by vertue of this Act for lacke of his number retained as is aforesaid for or cōcerning any souldier or souldiers Souldiers die as shal happen to die during his seruice or to be sicke by the visitation of God or that shall depart against the will of the Lieutenant Depart against the will of the Captaine or other before named vnlesse it shal be in default of anie of them This Act shall not be preiudiciall or hurtfull to any hauing vnder them retinue of souldiers for the not payment of the kings wages to their houshold seruants Houshold seruants other whom they shall dayly find giue meat drinke during the sayd seruice of warre nor to charge any person for the Gift of tenants taking or receiuing of any gift or reward of any of his or their tenants or friends towards the reliefe ayde or helpe of the same persons being commaunded by the kings Maiestie for to serue in warres Aid reserued by lease or otherwise to finde men on horsbacke or on foote aswell within this Realme as without Couenant to find horse c. nor for the gift reward ayde or helpe reserued or couenanted to be payd or giuen to any person appointed to serue in the wars or to find horse or men to serue by reason of any grant couenant reseruation custome or tenure not to charge any Lieutenant or other aboue named Wages retained Victuall Armour Prest mony for detayning or receiuing of any part of the sayd souldiers wages towards or for the paymēt of victuals harnesse weapons or for any prest mony prouided and deliuered to any such souldier And by the said statute made 4 and 5 of Philip and Marie ca. 4 5 P. M. cap. 3 3. It is ordained that euerie article clause prouise matter contained in the sayd Act of 2 and 3 of Edward the sixt shal stand remaine and be in their full force strength and effect and yet neuerthelesse where in the said Act of 2 and 3 of Edward the sixt it is prouided that no person or persons shall be charged for the taking or receiuing of any gift or reward of any of his or their tenannts or friends towards the reliefe ayd or
this seruice of defence Shall we now distrust more of the ayde of our mercifull Lord God then our forefathers did whom he so graciously assisted against their enemies or think he wil forsake vs now more then our elders whom he hath alwaies defended in their iust and lawfull accions Surely if we indeuour our selues to serue and feare him to walke in his waies to call vpon him in our troubles and necessities no doubt hee will ayde vs according to his promise Call vpon me saith he by his Prophet Dauid in the time of trouble We must call vpon God to ayde vs against our enimies and I will heare thée and thou shalt praise me And agaiue Knock and it shal be opened vnto you aske and you shall haue Whatsoeuer ye shall aske the Father in my name he will surely giue it you Did not the children of Israell ouercome their enimies in battell so long as Moyses held vp his hands and praied vnto God for victorie and when he ceased the enimie preuailed Moyses 2 Chron. 14. Did not the Almighty turne away his displeasure from the children of Israell at the praier of Moyses when they worshipped the golden Calfe as it is written in the 106. psalme So he said he would haue destroyed them Psal 106. had not Moyses his chosen stood before him in the gap to turne away his wrathful indignation least he should destroy them Did not Asha the godly king of Iuda when Sarache king of Ethiopia came against him with an hoast of aboue ten hundred thousand chariots 2 Chron. 14 when they ioyned battell in the vale of Zephera cry to God for aide against Sarachc saying Help vs O Lord our God for wee do put our trust in thee and in thy name wee go against this huge multitude thou art our Lorde God and no man shall preuaile against thee And the Lorde smote the Ethiopians before Asha and Iuda and they were ouerthrowue that there was none of them lefte but were destroyed before the lord and his hoast Did not the good king Iehosophat when the grat number of Iehosophat the Amorytes and Moabites ioyned battell with him before the battell began 2 Chron. 20 stand vp and said Heere O Iuda and inhabitants of Ierusalem put your truste in the Lord your God that you may be found faithfull giue credit to the prophet and so shall you prosper and their enimies were ouerthrowne without stroke amongst themselues and with their owne forces consumed themselues Besides the example of Senacherib king of Assour who with an hoaste of one hundred foure score and fiue thousand as the prophet Esay witnesseth Esay 37. could not preuail when he inuaded Hesechia king of Iuda for Hesechia did put on sackcloth and went vp to the temple and prayid and sent Heliachym and other prophets to Esay that he shuld pray to God for them and God sent his Angels who slew the Assirians hoast Wherby it doth appear that it is not the great multitude of men of war horses chariots but the lord God that giueth victory in battell who is called the lord of hostes who euer fighteth for his owne people and neuer leaueth them distitute that put their trust in him These are left to vs for examples that we should not put trust in our owne forces and strength Psal 127. but repose our confidence in him that hath made all and therfore hath power of al things Psal 108. he must keep and defend the City or els the watchmen that kéep it watch in vaine as the prophet saith and so he must aide and fight for vs or else we cannot preuaile And againe he saith O helpe vs against the enimy for vaine is the helpe of man through God wee shall doe great things it is he that shall tread downe our enimies There is no king that can bee saued by the multitude of an hoast neither is any mightie man deliuered by much strength A horse is counted but a vaine thing to saue a man neither shal he deliuer any man by his great strength Behold the cie of the Lord is vpon them that feare him and vppon them that put their trust in his mercy And yet we may not leaue forces and other ordinary waies deuised and ordained for defence but must vse them as the said godly Kings and princes did against their enimies Psal 118. alwaies hoping in the gratious aid and assistance of almighty God and if he be on our side who is against vs as the Proph. saith The Lord is on my side I will not feare what man doth vnto me Now therefore considering these miseries and calamities which happen where the enimy doth preuaile and the great preparation which they haue made to bring vs vnder their subiections and bondage if euer we will shew our loyalties to our Prince our cuntrey or naturall affection to our parents our loue to our wiues Persvvations to encounter the enemy children and litle infants which cannot defend themselues our good will to our kinsfolkes friends and allies if euer we will shew our selues carefull to preserue our posterity to succéed vs if euer we will haue desire to mantaine the honour worship and fame of the houses wherof we are descended if euer we will shew our selues to come of the séed and generation of our valiant ancestors and couragious forfathers if euer we will leaue honour or fame to our posterities of our valour in arms wherby our ofspring may be also incouraged to follow our steps therein for vertues and acts of fame liue when men are dead as the saying is viuit post funera virtus nowe is the time for it or neuer Therfore let vs pluck vp our harts like mē make ready our horses scowre our armor sharpen our swordes and make bright our weapons which wée are charged to haue by the lawe of this Realme whereof we may haue a view in this booke and furnish our selues further with things méet for the warres according to our ability and when we shall be commaunded by her maiestties authoritie let vs be ready and sette our rest vppon it determining rather to die in field in defence of our Prince and Countrey then that the enimy should preuaile whereby the miseries calamities and bondages afore remembred should fall vpon vs. If we stand to it like men then shall we preserue the word of God amongst vs our gratious Quéene and her most honorable Counsel the state of our common wealth our owne liues and our fathers mothers wiues children friends kinsfolkes allies then shal we posesse our lands our goods and liuings in peace then shall wee preserue and continue our liberties and fréedomes and saue our selues and our posteritie from thrawledome and bondage and we shall passe the rest of our liues to our owne good contentment and likewise according to Gods good pleasure On the other side if we flie which God defend then shall the word of