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A22828 Statutes and ordynances for the warre England and Wales. Sovereign (1509-1547 : Henry VIII); Henry VIII, King of England, 1491-1547.; England and Wales. Army.; England. Sovereign (1485-1509 : Henry VII). 1544 (1544) STC 9334; ESTC S121367 12,998 24

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ordinaunce see true contentation accordinge to the sessyng of the prouost mershall had in that behalfe vppon peyne for his or theyr fyrste defaulte to be commytted to warde and forfaite to the kyng his or theyr monethes wages and the seconde tyme to forfayte to the kyng his other mouable goodes and their bodies to be in pryson duryng the kynges pleasure yf the defaut be found in any of them And yf the default be founde in any other person that owe to pay and discharge the sayde prouostes company and purueiours agaynst the sayd countreys and people so wonne and pacified than they that so offende to haue lyke punyshement that the prouoste company or purueyours of ordynance shulde haue had in that behalf And that it be lefull to the mayster of the ordynance to send for pyoners into any countrey won or pacified where he shall thinke necessary And that the purueiours certify the prouost mershall what numbre of horse and oxen wolle serue hym and that by his aduyse the sayd purueyour drawe to suche quarter as shal be thought most necessary by the said prouost takyng of hym his byll to the intent that he sende none other men into the quarter that the sayde purueyour shall take his horse or oxen in ¶ Also yf any countrey or lordeshyp be wonne For keping of the cuntrey eyther by free wyll offred vnto the kynges obeysance or otherwyse that no man presume to robbe nor pyll or to take them prisoners 〈…〉 ●ob● 〈…〉 hym vpon the same payne 〈…〉 ●yll obey ●y● 〈◊〉 the ●e of ●ce deare a crosse of saynt Geog● 〈◊〉 ¶ And yf any of the retinue of the ordinance 〈…〉 any of theyr owne company or make any debate o● 〈◊〉 or haue any demand or question emong them self that tha● it be reformed iudged and punished by the master of the ordinance and suche as he shall call to hym Alwayes prouyded yf any man fynde hym selfe greued after any fynall sentence that he be at his appele afore the marshall at all seasons and for all causes made betwene any of them and any other person of the army that than they or any of them abyde the iudgement of the marshall and his court ●or taking ●t priso●ers ¶ Also it is ordeyned and enacted that al kinges and kinges sonnes dukes and dukes eldest sonnes lieutenantes generall great constable or any of the chiefe marshals of Fraunce or of any other regions or prouinces or any of the bloud ryall bearyng armes royals that shall happen to be taken by any person of the kynges army shall stande only prisoner to the kyng our soueraygne lorde And that noo man take vpon hym to delyuer or put to raunsom any such kyng prince or any other personage in this acte before rehersed vpon peyne of dethe And that the taker of any suche persone shall bryng him immediately to the kyng and shall haue for his takyng suche sufficient rewarde as shall accorde with reason ¶ Also be it at bataile dede of armes or other places where prisoners maye laufully be taken he that fyrste may haue his faith shall haue hym for his prisoner soo that he take from hym all his weapons and shall not nede to abyde vppon hym to the ende of the iourneye and none other man shall take hym for his prisoner But if so be that the sayde prisoner be founde with weapon redy to iubarde in whiche case his raunsome shall be equally deuided betwene them 〈…〉 that fyrst hath so borne 〈…〉 hym to prysoner but if it so be that 〈◊〉 ●ed and founde standyng at his defence an 〈◊〉 cometh and taketh the faithe of the sayde prisoner ●n the smyter down shal haue the one halfe the taker of the faith thother half with the kepyng of the said prisoner makyng suertie to his partner for the other halfe ¶ Also if any man hath taken a prisoner and the victorie had vpon their enemies in bataile skyrmisshe chase or any otherwise any other man for any cause kill the said ꝑsone he that so doth slaye the prisoner shall dye for it ¶ Also that no man presume to raūsum or sell his prisoner without special licence of his capitaine that indentith with the king vnder his lettre and seale For theym that raunsome theyr prisoners selle theim withoute leaue of their lordes or capitaynes vpon payne to forfaite his parte in the prisoner vnto his capitayne and he to be vnder arrest of the mershall vntil the tyme he hath agreed with his capitayne In like wyse that no capitayne raunsum or sell his prisoner without special licence of the king or his treasourer of the warres vpon payne of forfaiture of the same prisoner vnto the king And that no man bie no suche prisoners vpon payne to lose the money that he shal paye for him and the prisoner to be arrested to the capitain afore saide Also the capitaine vpon notice had of the saide prisoner and licence asked by his souldiour shal not without cause resonable shewed vnto the mershall let the saide souldiour to take his best aduantage of the saide prisoner howe be it that if the capitayne woll giue as moche for the saide prisoner as an other he shall haue the prisoner and preferment ¶ Also if any man take any prisoner the whiche hath 〈◊〉 sworne and had billet or any man whiche oweth ligeau● vnto our liege lorde the king that is to wir Englishe welche Irishe or any other of suche condicion that then as 〈…〉 of the king or of the mershal for 〈…〉 ¶ Also if any man take any prisoner such 〈…〉 ●meth into the hoste he shal bringe his prisoner vnto 〈◊〉 ●pitayne or maister vpō payne of losing of his parte to 〈◊〉 forsaide capitaine or maister and then his saide capitaine if he be within the hoste shall certifie the mershall within two daies And if he be without the hoste in garrison orels where he shal certifie the saide mershall as sone as he conueniently maye and declare his name and hauiour in writing as nigh as he can after his knowlege so that he be not led or cōueyed any other waie vpon payne to lose his part to hym that shal do fyrst the mershall to haue witting therof and his body to be imprisoned punished at the kinges pleasure And that euery man do kepe or do to be kept his prisoner that he goo not nor ride not at large in the hoste no in lodginges but if warde be had vpon hym vpō payne of losinge of the same prisoner reseruinge to his lorde or maister his thirdes of the hole if he be not partie of the defaulte and the seconde parte to hym that fyrst shall accuse hym the thirde parte to the mershall and also more ouer his body in arrest at the kinges pleasure Also that he suffer not his prisoner to go out of the kinges hoste for his raūsum ne for none other cause without salueconducte of the king or of
Statutes and ordynances for the warre ❧ LONDINI Anno. M.D.XLIIII F 〈…〉 tion of 〈…〉 moste necessarie 〈…〉 as of peace being the kinges 〈…〉 most dreade soueraine lorde HENRY 〈◊〉 eight by the grace of god king of Englande Fraunce and Irelande defender of the faithe and of the churche of England and also of Irelāde in erthe the supreme heade prouoked by the manyfolde iniuries commytted by the frenche king bothe in his confederation with the Turke and by his priuate displesures and wronges done to his highnes against the cōmon weale of Christendome to inuade the realme of Fraunce this sommer in his moste royall persone his maiestie myndinge due ordre to be obserued and kepte emonges all sortes of men of his highnes moste royall and puissaunt army as well capitaines souldiours as others in suche wise as apperteyneth both towardes god and the worlde hath deuised and commaunded to be sette furthe certayne ordynaunces and statutes for the warre as hereafter ensueth not doubtynge but all his maiesties moste louynge and obedient subiectes for the discharge of theyr moste bounden dueties towardes his highnes woll imbrace and obey the same accordyngly 〈…〉 or condition 〈…〉 obeisant vnto the said Henry 〈◊〉 generall vpon peyne of drawing hanging and quarteryng or other punishementes at the discretion of the lieutenant And ouer that euery man aforesayd the sayd lieutenant onely except be obeysant vnto the marshall of the armye for the tyme being vpon suche paynes as shall be lymytted by the lieutenant And also that euery of them obey and duly kepe all suche proclamations ordinaunces and statutes as now be and hereafter shal be on the behalf of our said soueraine lorde made and proclaymed vppon the peynes within the sayd proclamations ordynances statutes or any of them comprehended ¶ ALSO that no man be so hardy For holy churche irreuerently to touche eyther the holy sacramente of goddis bodye or the boxe or the vessell whiche the same is in vpon peyne to be drawen and hanged therfore And also that no man be so hardy to burne or cut any images Also that no maner man without sufficient auctoritie or commandement take of any place person towne or countrey hauyng saufgarde of the sayd lieutenant any maner goodes or vitayles withoute the agrement and wyll of the wardeynes of the same places or persons vpon peyne to be imprysoned and his lyfe at the sayd lieutenantes wyll ¶ ALSO that no man presume to go before the batayl For herbigage but that euery man kepe hym selfe in due order vnder the baner or penon of his lorde mayster or capitayne excepte herbigers the names of whom shall be delyuered and taken to the marshall by theyr sayd lordes maysters or capytaynes vpon the peyne that he that so offendeth shal be put from his horse and harneys bothe to be commytted vnto the warde of the marshall vnto the tyme the offendour hath made his fyne with the sayd marshall and founde suertie 〈…〉 ●ger take any 〈…〉 the marshall of the lodginges or his 〈…〉 hauyng his auctoritie And that noo sou● 〈…〉 lodgyng without it be delyuered by his lordes 〈◊〉 ●nes herbiger vpon peyne of imprisonement and to 〈◊〉 fyne at the kynges pleasure And that after the tyme that the herbage or lodgyng is appoynted and delyuered that no man be so hardy hym selfe to dislodge ne to disaray for any thyng that may fall without commaundement of hym that is auctorysed thervnto vpon peyne of horse and harneys to be put in arrest of the marshal tyl the tyme he hath made fyne with hym and theyr bodyes to be at the kynges pleasure For m●sters ¶ ALSO whan it shal please the kinges maiesty his lieutenant or lieutenantes to commaunde musters to be taken of his hoste it is ordeyned that noo capitayne presume or attempt to haue or to shewe other men in his musters than those that be with hym selfe retayned and attendant in and for the same voiage without fraude gyle or dissimulation vpon payne to be holden false and reproued and his body to be imprisoned and punyshed at the kinges pleasure And if any person be twyse or two tymes therof conuicted and founde faultie than to dye for it And that in lykewise no man come ne appere in or at any muster vnder any capytaine except he be as afore is sayd retayned with hym for that voyage vpon peyne of imprisonement at the kinges wylle ¶ ALSO the commissioners whan they shall take the musters shall cause the capytaynes or pety capitaynes with their retinues to be sworne that they shall be good and true to the kyng our soueraigne lorde And that they shall to theyr powers kepe his cries and ordinaunces and serue hym truely against all his ennemies no person reserued Also they shall sweare whether that the horse and harneys 〈…〉 the companye 〈…〉 diligently enquyre and see that 〈…〉 ●ynge vnto the musters haue all his har● 〈◊〉 as apperteineth for him without any gyle 〈◊〉 especiall at the fyrst muster that euery archer haue his bow and arrowes hole that is to witte in arrowes .xxx. or .xxviii. headed and hole in a shefe at the lest And for the more suretie in this case the sayd commissioners to cause euery souldiour to sweare that his harneys bowe and arrowes be his owne or his maysters or capitaines And also that no man that one 's mustred and was admytted for an archer alter or chaunge hym selfe into any other condition without the kynges speciall licence vpon peyn of imprisonment at the kynges pleasure ¶ ALSO it is ordeined that euery capitaine petycapitaine That the capitaynes make payment to theyr souldiours of theyr ●ges and all other hauing vnder them retynue of any souldiour or souldiours at the kynges wages shall pay to their retinue of souldiour or souldiours the wages rateably as is allowed vnto them by the kyng our soueraigne lord or the treasourer of his warres without diminisshyng or defalkyng any parte therof duryng the tyme that they shall receyue wages for them This paiment to be made vnto the said retinues by their capytaines or petycapitaines of souldiour or souldiours within .vi. daies next and immediately after that the said capitaines petycaptaines or other shall haue receyued their wages of the kyng or of the treasourer of the warres or of their lordes and maisters vpon the penaltie that he whiche offendeth therin shall forfayte to the kyng all his goodes and cattalles and his body to pryson at the kynges plesure except he be resonably letted in that behalfe wherof he shall within the same .vi. dayes duely certifye the sayd treasourer of the warres And also it shal be lefull for euery man fyndyng hym greued in this behalfe to complaine him vnto the treasourer of the warres 〈…〉 so departeth to be arrested 〈…〉 the marshall and his life to be at the kinge● 〈◊〉 also to lose all his profit and gayne of that day● 〈◊〉 to his lord or maister the thyrdes of his profyt And