priuiledges appertaining to old souldiers for so was it decreed by Tiberius the Emperour and Caligula as Tacitus sayth taking view of his bands dispensed with diuers Captaines before they had gray haires as one that respected rather their imbecilitie and strength decayed then the time they had serued beeing perswaded that age approching was a cause sufficient to merit honest libertie It was therefore thought fit that all souldiers that had well serued should bee left to their libertie Antoninus the Emperour commanded that such men should be dismissed with honour and extraordinarily rewarded Which fauour was granted not onely to men armed but also vnto all officers that followed the Generall and serued in place of reputation yet were they inhibited to keepe company with other men then such as made profession of Armes or to intermeddle in any affaires not appertaining vnto the warre vpon paine to forfeit ten pounds in gold These Emeriti were alwayes ancient seruitours and professours of Armes who continued in Court or Campe euer ready to perfourme the Emperours will and commandement Touching the time of their seruice it seemeth to rest chiefly in the Princes commandement and was sometimes more and sometimes lesse as hath bene formerly said yet in shorter space then ten yeeres no souldier was with grace dismissed as shall be more particularly said in the Chapter of Cassation CHAP. 10. ¶ Of crimes Militarie in generall FIrst it is to be knowen that some crimes be common and punishable in all men and some are proper to men of war onely of the first are forgeries adulterie publique and priuate violence sedition manslaughter burning of houses treason sacrilege other enormities for whosoeuer committeth any such offence whether he be a man of warre or not the punishment due is all one Crimes proper to souldiers are such only as are committed contrarie to discipline Militarie and excuseable in other men not being souldiers Now is it necessarie to vnderstand how crimes contrary to Militarie Iustice ought be punished We call that discipline Militarie whereby men are made obedient and instructed in all such qualities as are required in a souldier And for so much as the readiest way vnto vertue is first to restraine vice we must endeuour by discipline to hold men in obedience And notwithstanding al humane policie and lawes both diuine and humane some men there are so vile and malicious as without respect will commit all actes or iniuries that can be inuented yet good gouernours do forecast not onely what men doe but also what may be done which moued the Romanes to consider that some men did commit faultes beyond expectation in so much as there wanted not of those that haue slaine their owne fathers For which offence Solon in his lawes prouided no punishment and being asked why he did not inflict penaltie vpon those offendors answered he thought not that any man would haue bene so wocked We therefore thinke fit to prescribe punishments vnto all crimes for souldiers like vnto others be neither gods nor perfect creatures but men apt to erre and without restraint of law not to be gouerned Arrius Meander in his first booke Dere Militari saith Crimes properly Militarie are those which a man as a souldier doth commit And here a certaine difference betweene errour and crime is to be noted for we call that an error when any thing is done contrary to common discipline as to be slouthful disobedient and vnwilling but he is said to commit a crime when the fault is accompanied with intent to hurt for without that intent the acte may be imputed to destenie or chance and as a thing happened vnwares therefore Antoninus the Emperour did command Herculianus and other Captaines that if a souldier hauing stroken another man did prooue the act was without intent to kill that then he should not bee condemned of manslaughter as if a man be slaine when souldiers be trained or in exercise of armes then that act is not accounted criminall but casuall yet if such an act be done in any other place the doer thereof shall be reâ—uted guiltie But as the humors of men are diuers so are the crimes by them committed of diuers qualitie as hereafter shall be discoursed CHAP. 11. Of treason and Traytors ALbeit a custome most common it is that Traitors flying vnto the enemie are well entreated and greatly esteemed so long as their seruice is thought profitable yet afterwardes their condition being knowen that credit doth decay and consequently the fauour they finde becommeth euery day lesse then other The law calleth them Traytors that indeuour to betray their Prince or the libertie of their countrey they are also called Traytors that hauing a charge doe yeeld the same vp vnto the enemie of whom it is by law decreed they ought to be capitally punished or at the least discharged Likewise all Explorators or spies that bewray our secrets and enforme the enemie are accounted Traytors and worthy capitall punishment With these offendors the Aegyptians vsed to deale more mildly for in that case the offendors had their tongues cut out and so suffered to liue They were also accounted to haue committed a crime treasonable that furnished the enemie with weapon or munition whereby they might offend vs and we with more difficultie offend them The goods of such men ought be confiscate and their liues subiect vnto death The doctor Paulus iudged that who so did sell any armour vnto the enemie did thereby incurre the forfeiture of his life Edward the third king of England in a Parliament holden at Winchester caused Edmond Earle of Kent to be conuicted of Treason for perswading other Lords to rebell Yet true it is that Traitors are diuersly punished according to the qualitie of the crime the custome of the countrey and the discretion of the Prince Tullus Hostilius king of Rome caused Metius Suffetius guiltie of Treason to be beaten by the Littori and after torne in pieces with horses Antony de Leua defending Pauia discouered a souldier of his had informed the French that in that citie small store of powder remained he called him to be examined and the fault confessed the souldier was put to death and quartered Among the Athenians it was not lawfull to burie a Traitor which was the cause that the bones of Themistocles were secretly caried into his friendes house and there buried Bellesarius finding that a Citizen of Athens called Laurus had complotted treason commanded his bodie should be brought vnto a hill before the citie and there thrust thorow with a stake which maner of death is at this day vsed in Turkie Charles the Emperour making warre vpon Philip duke of Austria practized with certaine of the Captains to perswade Philip to leaue the fielde who hauing compassed so much as the Emperour required they demanded a reward of their treason which was foorthwith payed in counterfeit money and caried home But the Traytors perceiuing the money not to be good returned therewith desiring better
payment The Emperour calling both for the Traytors and the payers caused the Traytors to be put out of the doores saying That false workemen must be payed with false coyne CHAP. 12. ¶ Of Disobedience TOuching contumacie or disobedience the law determineth that whosoeuer resuseth or omitteth to execute that which the General commandeth or doth what he forbid deth ought to be punished by passing the pikes yea though he hath effected what he would which rule the Romanes obserued precisely as appeareth by the Iustice of Lucius Papirius the Dictator in flicted vpon Fabius Rutilianus Generall of the horse although he were victorious and had slaine twenty thousand Samnites Likewise by the iudgement of Torquatus against his sonne hauing contrary to his cōmandement fought with the Tusculans and gained victorie was neuertheles beheaded Therefore it remaineth as a rule that not onely breach of commandement but also simple contumacie is an offence capital if the same be apparant Yea sometimes omission of due respect is criminall though not euer capitall As if a man with order doe enter into a place guarded or passe out by any other way then that which the Generall hath appointed Another point of disobedience it is not to goe vnto the army being called or without licence to depart from thence for that is indeed an apparant contempt and by the Romans punished with death Omnis contumacia aduersus Ducem capite punienda est Posthumius Triburtius commanded Aulus Posthumius to be put to death for vanquishing the enemie without his commission and Aulus Fuluius for going to fight vncommanded condemned his sonne to die Yet the Aegyptians made a law that Captaines and souldiers for disobedience should not be put to death but remaine infamous vntill by some notable seruice their reputation were rccouered Arrius made a lawe that if a man did wound his fellow souldier though it were with a stone he ought to be cassed it it were with a sword to loose his life The like was decreed by Kanutus King of Denmarke CHAP. 13. Of Cowardise IT seemeth that all Militarie offences may be comprised in three viz. Cowardise Treason and Disobedience yet will wee speake more particularly Touching the first easily may it be conceiued that Cowardise is the cause and occasion of many other transgressions for who so is irresolute or apt to entertaine feare is also soon perswaded to saue himselfe with dishonour By Cowardise souldiers doe forsake their rankes and sometimes abandon their Ensigne which faults the Romanes punished with death It was long since by an Edict commanded in France that whosoeuer did forsake his colours or the ranke wherein he was placed should receiue punishment by passing the pikes Another kinde of Cowardise is to faine sickenesse or without leaue to be absent from the Armie He is also culpable of that crime that leaueth his place of standing vpon the wall during the assault or shall abandon the trench Yet true it is if any such fault bee committed at any other time then during the assault the same is not absolutely capitall but is arbitrable It hath bene also anciently vsed that if a souldier without lawfull excuse did goe from the Watch or office of Scout or any other seruice allotted vnto him by the Sergeant that then he should be iudged to passe the Pikes or Harquebuzies according to that kinde of weapon wherewith he serued And if many souldiers as a whole Ensigne or troupe did commit that crime the Roman vse was to execute euery tenth man in presence of the rest to the end the pain might fall vpon fewe and the terrour to all And in such cases of Cowardise the Generall ought to be inexorable because seueritie doth make an army inuincible The experience whereof was seene when Spartacus defeated the Romanes conducted by Crassus For presently vpon that dishonour Crassus commanded a decimation and put to death a tenth man in euery Legion for not hauing fought manfully That being done he begun to fight a-new And albeit the number of Romans was diminished yet were they victorious and cut the enemies in pieces But here is to be noted that of fleeing there is two sorts the one proceeding of a sudden and vnlooked for terror which is least blameable the other is voluntary and as it were a determinate intention to giue place vnto the enemie A fault exceeding foule and not excusable CHAP. 14. Of other militarie crimes BEsides these crimes formerly touched many other there are that merit seuere punishment and chiefly To abandon the Armie and flee to the enemie For what iniurie can be greater or what offence more foule in a souldier then being instructed trained and well entertained to employ his vertue in seruice of an enemie This crime was therefore in ancient time grieuously punished and the greater the qualitie was of him that did offend the more was the punishment inflicted Yet doe we not finde any particular paine ascribed to this offence but left to discretion of the Generall Neuerthelesse in that case it shall not be amisse to imitate the ancient proceeding of ancient Chieftaines The Romanes therefore for punishment of the Brutij who fled vnto Hannibal protested them to be from thenceforth neither souldiers nor companions in armes but persons ignominious and seruants vnto the Armie And when Cyrus intercepted a letter which one of his Captaines called Orontes had written offering to serue the enemie with a company of horse Cyrus assembled the Leaders and in their presence condemned Orontes to death Fredericus the second possessing the kingdome of Naples was by his sonne Henrie abandoned and being with the enemie he pardoned him yet with condition he should confine himselfe to the bounds of Apulia vntill his father returned from Germany during which time Henry practised some other innouation and therefore was put in prison and in the end suffered death Elfricus a chiefe Leader vnder Etheldred King of England pretending to doe seruice fled vnto the Danes but the warre being ended he returned vnto his Prince desiring his life which with difficulty he obtained yet did the King command his eyes should be put out To these offendors we may adde all such as secretly doe relieue the enemie with counsell money meate or by any other meane whatsoeuer In which case the Emperour Constantius decreed that if a souldier Captaine or Leader did vtter any word signe or voice to encourage the enemie that for so doing he should be tied in chaines and as a beast be led whersoeuer the Armie went Of this kinde we may account two other sorts of men whom the Romanes called Emansores Desertores They named him Desertor that went from the Armie and did not onely secretly depart but stayed long with the enemie as one intending neuer to returne But Emansor was hee that without licence went away and very shortly did come againe and therefore his offence reputed the lesse This error is most commonly found in yong souldiers whom we call Tyrones Neither
they became the more obedient To which agreeth that of Polybius Sc obtemperaturos facturos quicquid mandabitur ab Imperatoribus iuxta vires Out of Liuie lib. 22. Sese fugae atque formidinis ergo non abituros neque ex ordine recessuros nisit teli sumendi aut petendi aut 〈◊〉 feriendi an t ciuis seruandi caussa Also Consulis iussu se conuenturos nec iniussuabituros Out of Halycarnasseus Lib. 10. Secuturos se consules neque signa desertures neque aliquid contra populum facturos These wordes also Scipio sware Liuij Lib. 22. Vt ego Rempublicam non deseram neque vllum ciucm Romanum deserrepatiar Si sciens fallo ex animi mei sententia tum me Iupiter Opt. Max. domum familiam remque meam pessimo laetho afficiat The oath was taken in the presence of the whole Legion by one Souldiour holding his drawen sword in his hand and then all the rest seuerally answered drawing their swords Idem in me After vnder the Emperours was added Se Caesaris salutem omnibus rebus antelaturos And they which tooke oath to Iulian the Emperour laying their swords to their necks sware Se omnes pro eo casus quoad vitam profuderint si id necessitas exegerit perlaturos In the declining state of the Romane Empire when Barbarians were enrouled among Romane souldiers they were branded with the Emperours marke and tooke their oath Per Deum Christum Spiritum Sanctum per Maiestatem imperatoris omnia se facturos quae praeceperit Imperator nec mortem recusaturos pro Romano Republica In France also it was anciently vsed that euery Souldier receiued into any band or ornified with the girdle Militarie should be sworne vnto the King or the general of horse if he were a horseman or seruing on foot his oath should be taken by the Praetor or Captaine of footmen And so greatly was an oath esteemed as Caesar procured a Law to be made that no Citizen vnsworne should remaine out of Italy more then three yeeres By imitation of which example the Senate of Rome decreed that all Magistrates should sweare to answere truely vnto those Interrogatories that were propounded The Souldiers of that time did sweare by the gods and Radamanthus did thinke that all doubts ought bee decided by oath Either else they were to sweare by the winde the sword because the one was cause of life th' other of death for such was the Scythian vse Or else by Iupiter Mars and Pallas or sometimes by eleuating a Scepter which Princes in old time accustomed But the Christians doe sweare in forme according to the pleasure of the Prince the Generall or Chiefâ—aine but in matter the oath of Christians is to sweare by the Deitie As by God or by his holy Euagelists c. And here is to bee noted that if any souldier were absolued from his othe yet might he not without the Generals licence be receiued into any other Armie which ordinance was obserued by Constantinus and the ancient Romanes also For when Pompilius remained in Prouince with his Armie where the sonne of Cato serued as a Tiro or yong souldier hee thought good to discharge that Legion where the sonne of Cato was But he desirous to continue in the warre did write vnto Pompilius that if hee pleased to consent he might remaine there hee would by anew othe become bound because the first othe dispensed with hee might not fight with the enemie And hereof wee may bee also informed by an Epistle which Marcus Cato the father did write wherein he commanded his soone not to beare Armes for quoth he Qui miles non est cum hoste pugnare non debet Thus concluding we say that souldiers ought be first girded then enrolled and lastly by othe obliged CHAP. 6. ¶ What sortes of men ought to bee reputed Souldiers and who may not bee pressed to beare Armes ALbeit the warre is to employ men of diuers qualitie yet ought they onely to be reputed Souldiers that make profession of Armes Therefore out of that number Victualers Merchants Artificers and generally all men attending their owne priuate profit are excluded Neither ought any of them be priuiledged by the warre because such negotiants be occupied in their owne commoditie and therefore as men of base sort vnworthy to be numbred among men of warre because their onely endeuour is to gaine which they cannot nisi admodum mentiantur we also accompt to aduocate procurer pleader or perswader to merit the immunitie of warre For Claudius the Emperour commanded that euery souldier should without counsell render a reason of his owne life The Philosophers also thought those men needlesse in euery common weale Neither can wee allowe Ploughmen to bee properly called souldiers when they are first pressed to supplie the want of men trained yet true it is that in respect their bodies are accustomed to hardnesse and labour they become oft times men of good seruice And some great Captaines and Generals also liuing a rurall life haue neuerthelesse performed their office with much glory as Fabritius Cincinnatus and others Martianus the great doctor did also reiect bondmen as persons improper and vnworthy the name of souldiers affirming it vnnaturall for him that was not his owne to serue any other master then him onely to whom he was bound And to say truely the mind of man vsed to slauery is base abiect and vnapt for the warre Yet hath it bene seene that in times of necessity those men haue bene employed For we reade how Marcus Antoninus the Emperour after the warre of Carthage trained a great number of slaues and made them fit for armes calling them volones And Sexâ—us Pompeius in the ciuil warre of Italy against the Romanes armed many bondmen Yet certaine it is that no slaues were receiued for souldiers vntill they had bene enfranchised and so was it decreed by Lucius Aemilius Paulus and Terentius Varro then Consuls And for asmuch as the name and dignitie of a souldier is honourable all persons hauing committed any infamous crime and thereof conuicted ought not afterwards beare armes Also because the warre requireth beautie and force in men no souldier should bee allowed that wanteth any member or limme of his person which moued the Emperour Domitianus and Nerua to decree that no childe should be gelded And Constantinus commanded that vpon paine of death no Eunuch should be made being perswaded that gelding did take from men the courage and viuacitie required in warre Yet was it allowed by the ordinance of the good Emperour Traianus that albeit a man were borne with one onely stone or by anie mishap did loose it yet might he by the lawe Militarie beare Armes for Silla and Cotta had naturally that imperfection Wee conclude therefore that some fort of Eunuches but no gelded man may beare Armes And histories doe make mention that the Enunch Narcete in the reigne of Iustinian expulsed the Goths out of Italy Likewise Eucherius a
are they to be all punished alike but the Iudge is to examine the circumstances of the cause The law willeth that who so is found a Desertor in warre is to be capitally punished whether hee were horseman or souldier on foote But if a horseman doe prooue a Desertor in peace he thereby forfeiteth his degree or if he were a footman he looseth his pay If such an offender be found in the citie he incurreth the losse of his head but being elswhere found and that the first fault hee may be restored but offending the second time shall loose his life He that to this fault shall adde any other ought be the more sharpely punished and hauing so offended he shall be in case as if he had bene twise a Desertor To this kind of offence in diuers ages and by diuers Princes diuers penalties were appointed The Spartanes repulsed such men from being capable of any office and to liue euer vnmarried also to giue place to all other men and haue the one side of their beards shauen Auidius the vsurper commanded that some should haue their hands cut off and other their legges broken Dauid King of Scottes and second of that name being forced to flee his kingdome at his returne as one mindfull of those that abandoned him in time of danger caused all Chiefetaines and Captaines to pay money and would haue disinherited Robert Stewart who was before named his heire Also for an example to posteritie he imposed a pecuniary punishment vpō al those that did abandon their king in fight Another sort of fugitiues be they that beeing taken prisoners will not returne although so they might of which number some doe onely rest with the enemie and others doe take part and fight on his side which is an offence of great importance Paulus the Ciuilian writeth That such offenders should be either burned aliue or hanged Vlpianus would haue them also burned Or rather as some report he was not executed by the King for leauing him but by the factious Lords for adhering firmely to the King Nicholas Brembre an Alderman of London at a battell in Essex or neere Oxford as others say fled from King Richard the second and after being found in Wales was brought from thence to London where hee was publikely put to death Also at the siege of Capua seuen hundred fugitiues were taken beaten with roddes and their hands cut off By these examples appeareth that no certeine punishment was inflicted for this offence To these we may adde all seditious persons who desirous of innouation doe attempt diuers enterprises to mooue mutenie or rebellion These seditions are most commonly in armies composed of diuers nations or where strangers are called for aide In Cybaris a great number of Achaians and Troezenians did dwell quietly vntill the Achei finding their number the greater tooke Armes and expulsed the Troezeni In Constantinople likewise the strangers did conspire to oppresse the Citizens but in a battell were all forced to flie Also after the suppression of the tyrants in Syracusa the strangers and hired souldiers fell into great dissention For reformation of this fault Iulius Caesar is to be followed who finding such a mischiefe to arise cleared the armie of all busie heads sware the souldiers and at the beginning repressed the sedition Modestinus the doctor did giue counsell that whosoeuer did begin any muteny should loose his life if the sedition were dangerous but beeing of lesse moment the beginner thereof should be cassed The law of Naples commandeth that souldiers or others mouing any sedition should forfeit both life and goods Trebonius a chiefe conspiratour against Caesar was put to death by Dolabella and Marinas Phalerius Duke of Venice for conspiring against that state was beheaded yet in some places and times the punishment of these offences was onely pecuniall or infamie Another crime of greater consequence it is to yeeld vp or abandon a place of strength or depart from a standing giuen in charge for by the Romane lawe those crimes were euer accounted capitall It is likewise capital for feare of an enemie to forsake the trench the wall or other place to be defended Therefore Augustus Caesar caused certaine Captaines hauing abandoned a place vpon paine of death to recouer it Modestinus saith That he who leaueth his place of watch or warde is to be reputed worse then an Emansor and consequently for such a fault to be punished or at the least be discharged his seruice and he that forsaketh the trench incurreth the same penaltie though the enemie doe make no approch but if the enemie be at hand then so to doe is capitall Euery man may reade that Appius Claudius sent certaine bands against the Volses and they abandoning their ranks were beaten with rods and after executed which proceeding seemeth extreame and therefore in like case some fewe haue bene put to death to terrifie the rest Antonius leading an armie against the Parthians executed onely euery tenth man of those that first did runne away The like was done by Appius Claudius in the warre against the Volses putting a few of those souldiers to death that first abandoned their Ensignes Caius Caesar according to the Lawes of Petreius at suite of the Legions did put to death onely twelue persons that were the chiefe moouers of sedition so great was his mercie Neuerthelesse the vse was euer to put him to death that did flee first It is sayd that Epaminondas walking the round where the watch was set hapned to finde a souldier fast asleepe whom forth with he slew with his sword saying As he found him so hee left him The like penaltie doe they incurre that sleepe or depart from their place of watch which moued Epaminondas to account a souldier sleeping like a man without life By the law Militarie it is prouided that if any Souldier doe loose his Armes or sell them hee shall for so doing be capitally punished or at the least disabled to beare Armes at the discretion of the Iudge Or if any souldier doe cast away his Armes and not defend himselfe against the enemie shall thereby incurre infamy The old Romanes reputed him worthy to receiue a bastonado that abandoned his Ensigne The like punishment they thought due to him that did forsake the Generall If any Captaine did flee from his Company or any Ensigne-bearer did let fall his Colours he was beheaded or beaten to death with cudgels Appius Claudius being sent against the Volses caused certaine Ensigne-bearers for loosing their Colours and others that fled out of their rankes to be beaten with rods Paulus the doctor holdeth it a great fault for any Souldier to sell his Armes yet seemeth hee lesse culpable then the former But that kinde of crime is thought equal vnto desertion and whether he sell all or part of his Armes the fault is one Yet that doctour maketh this difference viz. he that selleth his greaues or his powldrō s ought to be beaten But who so selleth
of his kingdome or other spacious place neere vnto it Thither the Gentleman was brought to receiue that honour and being come was forthwith placed in a chaire of siluer adorned with greene silke Then was demaunded of him if he were healthy of bodie and able to endure the trauell required in a souldier also whether he were a man of honest conuersation and what witnesses worthy credit he could produce so to affirme That being done the Bishop or chiefe Prelate of the Church tooke the Bible and holding it open before the Knight in presence of the King and all others spake these words Sir you that desire to receiue the order of Knighthood sweare before God and by this holy booke that ye shal not fight against this mightie and excellent Prince that now bestoweth the order of Knighthood vpon you vnlesse you shall be commanded so to do in the seruice of your owne King and naturall Prince for in that case hauing first yeelded vp the coller deuice and other ensignes of honour now receiued it shall be lawfull for you to serue against him without reproch or offence to all other companions in Armes but otherwise doing ye shall incurre infamy and being taken in warre shall be subiect to the paines of death Ye shall also sweare with all your force and power to maintaine and defend all Ladies Gentlewomen Orphans Widdowes women distressed and abandoned The like must ye doe for wiues being desired and shun no aduenture of your person in euery good warre wherein ye happen to be This oath taken two of the chiefe Lords led him vnto the King who presently drew foorth his sword and layd the same vpon the Gentlemans head and said God and Saint George or what other Saint the King pleased to name make thee a good Knight Then came vnto the Knight seuen noble Ladies attired in white and girt a sword vnto his side That done foure Knights of the most honourable in that presence put on his spurs These Ceremonies past the Queene tooke him by the right arme and a Dutchesse by the left and led him vnto a rich seat made on high and thereupon set him the King sitting downe on the right hande and the Queene on the other After the King and Queene were thus set and the new Knight between them al the rest of the Lords and Ladies sate downe also vpon other seats prepared for them three descents vnder the kings seat Euery Lord and Lady being thus placed thither was brought a solemn collation or banquet of delicate meates whereof the Knight the King the Queene and whole company did eate And so the ceremony ended CHAP. 4. The degradation of Knights in those daies IF any Knight at that time had bene corrupted with money by his Princes enemy or committed any other notable fact against loyaltie and honour the other Knights forthwith made humble suite vnto the king that he might be punished Which request being granted they apprehended the offendour and caused him to be armed from head to foot and in such sort as if he were going to the field Then they led him vp to an high stage made in a Church for that purpose where thirtie Priests soung such Psalmes as are vsed at burials as though the Knight had lien dead at their feete At the end of euery Psalme they tooke from him one piece of armour First they tooke off his Helmet as that which deâ—ended his traiterous eyes then his gauntlet on the right side as that which couered a corrupt hand then his gauntlet on the left side as from a member consenting and by peecemeale dispoiled him of all his Armes as well offensiue as defensiue which one after another were thrown to the ground and at the instant when any peece of armour was cast downe the King of Armes first and after him all other Heralds cryed aloud saying this is the head-peece of a disloyall and miscreant Knight Then was brought thither a basen of golde or siluer full of warme water which being holden vp the Heralds with a loud voice saide What is the Knights name The Purseuants answered that which in trueth was his name Then the chiefe King of Armes said That is not true for he is a miscreant and false traitour and hath transgressed the ordinances of Knighthood Thereunto answered the Chaplains Let vs giue him his right name Then spake the Trumpets What shall be done with him To which wordes the King answered Let him with dishonour and shame be banished my kingdome as a vile and infamous man that hath offended the honour of Knighthood So soone as the King had so said the King of Armes and other Heralds cast the warme water vpon the disgraded Knights face as though he were new baptized saying Henceforth thou shalt be called by thy right name Traitour Then the King with twelue other Knights put vpon them mourning garments declaring sorow and comming vnto the Knight disgraded put him downe the Stage not by the stayers hee mounted vp when he was made Knight but threwe him downe tyed vnto a rope Then with great ignominy hee was brought vnto the Altar and there layd groueling on the ground and ouer him was read a Psalme full of curses CHAP. 5. ¶ Of Knights of the Round Table ABout the yeere of Christ 490. there raigned in England then called Britaine a King named Arthur whose valour was so great and admirable as many men now liuing doe hold the same rather fabulous then credible Yet whoso shall consider enterprises of later time atchieued by priuate persons may be easily induced to thinke that a great part of praise written of that mighty Monarche may reasonably receiue beleefe But omitting to speake of his prowesse percase already by others ouerlargely discoursed I say that this most famous King hauing expulsed out of England the Saxons conquered Norway Scotland and the most part of France was crowned in the Citie of Paris From whence returned he erected a certaine Association or brotherhood of Knights who vowed to obserue these Articles following First that euery Knight should be well armed and furnished to vndertake any enterprise wherein he was employed by Sea or land on horsebacke or foot That he should be euer prest to assaile all Tyrants and oppressours of people That he should protect widowesâ—and maidens restore children to their right repossesse such persons as were without iust cause exiled and withall his force maintaine the Christian faith That he should be a Champion for the weale publique and as a Lion repulse the enemies of his countrey That he should aduance the reputation of honour and suppresse al vice releeue people afflicted by aduerse fortune giue aide to holy Church and protect pilgrimes That he should bury Souldiers that wanted sepulture deliuer prisoners ransome captiues and cure men hurt in seruice of their countrey That he should in all honourable actions aduenture his person yet with respect to iustice and trueth and in all enterprises proceed sincerely neuer
warre did giue vnto the Legionarie souldiers certaine crownes and vnto euery Captaine a garment of purple but Hostilius one of those Tribunes saying those crowns and garments were like vnto boyes bables they were rewarded with land and money Iulius Caesar did giue vnto the sonnes of Adbucillus the one called Rocillus the other Aegus in recompence of their great seruice in Gallia certaine lands there besides diuers summes of money whereby they became inriched The same Caesar after his triumph for victory against Pharnax performed all the promises hee had made and gaue vnto euery souldier fiue thousand groats to euery leader twise so many to euery horseman double so much Pompeius hauing ouercome Mithriâ—â—tes before he triumphed bestowed vpon euery souldier fiue hundred groats and vpon the Captaines a farre greater reward The Scipiones and Metelli were likewise most careful to reward and honour their souldiers Alexander Seuerus was woont to say That souldiers would not liue in awe of their Generall vnlesse they were well apparelled well armed full fed and some pence in their purses Sometimes also souldiers were honoured with other giftes as crownes lances furniture of horses bracelets lands images of brasse or stone with diuers other ensignes of honour as Plinie and Aulus Gellius haue written Which gifts were by the Doctors of Law anciently called Donatiues But here it shall not be amisse to remember the dishonourable Donations of Lucius Sylla who vsed to take money from the true owners and giue the same to others CHAP. 21. Of Apparell AS victuall is necessary so is it requisite that souldiers should be clothed which moued great Commanders to be careful that men of war might be euer furnished as wel of apparel as of food Caius Gracchus first procured a law to be made that garments might be giuen vnto souldiers without diminishing their pay Long after the Emperors Archadius and Honorius caused certaine money to be giuen vnto euery souldier for the prouision of his coate which order was in Illyria only It was also anciently ordered that military garments were prouided in this sort viz. euery thirty inhabitants payed for one souldiers coate in Thracia The like was done in Scythia Mysia Egypt and euery other prouince subiect vnto the Empire These Countreyes were also sometimes taxed according to the acres of land and sometimes according to the number of dwellers and the money payed into the military treasury Francis the French king proclaimed an Edict that souldiers resting in any citie or village in the winter should haue garments there and being furnished for the summer should vse their summer suits vntill the winter following and then resume them againe And in case the keeper of those garments did not truely restore them then vpon complaint vnto the Generall order should be taken for the souldiers satisfaction By which meanes the souldiers were euer honestly clothed well armed and comely furnished both on horsebacke and on foote Yet Pesceninus Niger inhibited souldiers to vse in the waare any girdle garnished with gold or siluer to the end the enemie should not be inriched He therefore commanded such ornaments to be reserued for their wiues and children Adrianus the Emperour vsed to weare in the warre plaine garments without garnishing of gold or strings set with stone The scabberd of his sword was also seldome wrought with Iuory In the reigne of Maximinus Caesar after the Persian warre a priuate souldier happened to finde a purse or sachel set full of Margarites and precious stones which hee tooke off contenting himselfe with the beaty of the leather whereof it was made For indeed garments of cloth and skinnes to keepe out colde and raine are onely needfull for souldiers Yet true it is that in the time of the Emperour Iulianus the maners of souldiers were changed And Maximinianus the yonger vsed to weare a Iacke of golden maile after the Polonian guise he also had his Armour and Launce gilded Caius Caesar after a great victory suffered his souldiers to become wanton and called them companions in Armes permitting them also to ornifie their weapons with siluer and gold And here it shall not be amisse to tell how great regard the Emperour Aurelianus had to discipline notwithstanding the fauour he afforded to all men of warre charging his Captaines to obserue these instructions Sivis Tribunus esse imò sivis viuere manus militum contine adding these commandements let no man take away the Pullen of of another his sheepe his oyle his wood his grapes his salt but rest contented with his victuall Let souldiers liue vpon spoyle of the enemie not of the countrey His armes shall be bright and his garments strong let his new apparell supply the old and his wages remaine in his purse not in the Tauerne let him lay by his chaine and ring and keep his horse fat Let no beast taken be sold but euery man helpe another Let the Physicians cure infirmities freely and without rewards Let nothing be giuen to the soothsayers Let euery one be quiet in his lodging for who so moueth any mutenie or misrule shall be punished This is in effect the summe of such precepts as are to be obserued by souldiers wherby appeareth what they are to doe what to leaue vndone and what garments ancient Emperours and souldiers were wont to vse Yet true it is that the hope of all good seruice and successe doth consist in valour conioyned with policie whereunto we will adde that decent apparell and fit ornaments of body do become all military commanders as well to make them venerable in sight as also to giue beholders occasion to thinke they are persons worthy of respect and honour CHAP. 22. ¶ Of Hostages FOr the obseruation of Articles and capitulations of truce or peace Princes and common weales were wont to deliuer certaine hostages or pledges to the ende that if promises were broken then the goods of hostages on the party breaking by the Edict of Commodus the Emperour were confiscate I meane only those goods which the hostages haue there gotten Vlpianus writeth that hostages cannot without licence dispose their owne goods by will or testament Hostages are deliuered either as captiues or els as pledges to keepe conditions which being performed they ought be returned home for vnto other obligation free men may not bee bound The Romanes acknowledging ancient fauours to them done by King Philip at such time as they tooke Armes against Antiochus and desirous to requite the same they sent Demetrius his sonne then an hostage vnto his father Contrariwise Constantinus being in Britaine beganne also a warre vpon the Scots and sent to them hostages by which meane he made the Britaines his sure friends whereof the Scots informed and knowing that secret intention suddenly slew all the hostages Whereby appeareth that where faith is broken there reuenge is taken vpon hostages Likewise Henry duke of Saxonie holding Venceslaus brother to Pribislaius Prince of the Obotriti an hostage put him to death euen in his
brothers sight for being a mouer of that warre We therefore conclude that hostages may be giuen and ought to be receiued for performance of capitulations because peace assured is better then victorie hoped for And here it shall not be impertinent to remember that a yong Gentleman nephew to Marcus Bambalionus remaining an hostage by his discretion practised a peace with the enemie which by other mediation could not be compassed CHAP. 23. ¶ Restitution of Souldiers persons IT seemeth not reasonable that a souldier hauing endured the fortune of warre and therein also hazarded his owne life falling into the enemies hand should be depriued of any priuiledge or profit to him due The Emperours Dioclesianus and Maximinianus commaunded that souldiers taken by the enemy and returned home should be restored to all they lost although their goods were seazed and confiscate yet diligent inquisition to be made whether that soldier were remaining with the enemy willingly or by force In this case the opinion of Adrianus the Emperour is to be allowed saying A souldier willingly taken and let loose ought be returned backe to the enemy but if he were taken in seruice and after escaped then ought he be restored to his former estate But thereof good proofe is to be made for if before that time he had bene esteemed a faithful souldier then some credit ought be giuen him but if hee were an Emansor a man negligent or one that had bene long absent after returned then should he be little beleeued The doubt therefore is whether a souldier thus returned hath bene a fugitiue or a prisoner In the one case he shal be punished in the other he ought be restored and receiue his pay with recompence as a veteranus or old souldier We conclude therefore that coÌ„mon souldiers and officers in the warre also being deteined by the enemy ought to be fully restored and participate of euery Donatiue or other liberality the Prince shall please to bestow And Vlpianus did thinke that such allowance might be demanded in the name of the souldier remaining prisoner if his Attorny did so require By the law Imperiall the same is also commanded and if a souldier together with his father and mother were taken prisoner the father and mother dying in prison the sonne may by the law Cornelia challenge their goods and lands For considering his absence was occasioned by seruice of the common-weale he ought not only to receiue restitution to his countrey but also enioy his best fortune with the greatest reward can be reasonably required CHAP. 24. ¶ Priuiledges anciently granted vnto Souldiers SOuldiers were by ancient custome vnconstrained to pay subsidies out of lands confining or fronting vpon the enemies countrey and during their seruice in the field were excused from all ordinary impositions and taxations also from bestowing of gifts and giuing of rewards Souldiers accused of any crime ought not be tortured or being found gilty might not be hanged vpon any gallous or gibbet before iudgement were lawfully pronounced Souldiers were priuiledged from guing witnesse in twenty causes Souldiers during the warre were free from prescription Souldiers ought to receiue restitution of all things taken from them or their wiues Souldiers were exempt from preuention of Iustice and permitted to vse priuiledge Souldiers could not be constrained to take tuition of another souldiers children Souldiers were credited more then other men in the buying of wares for their money Souldiers payed custome for the wares they caried yet what a souldier bare about him was not subiect to confiscation Souldiers were not retained in prison or forced to pay aboue their power Souldiers were excusable of contumacie and supposed deceipt yet if he were called ought to appeare Souâ—diers being prisoners were set free vpon the bond of those that were sutors for them Souldiers might not be punished hauing about them any badge or ensigne of honour but before punishment were inflicted those badges were taken away If any souldiers Attourney did make a contract or bargain the souldier was bound to performe it CHAP. 25. ¶ Of Cassation and Dismission THe Romanes vsed diuers Especes or kindes of Cassing calling one honourable an other causary and the third ignominious which diuers names did proceed from diuers reasons But first is to be considered that the Romane souldiers were Legionary and perpetuall but ours are onely voluntary and temporal Their Legions were continually in being without discontinuance euer in exercise and in time of peace preparing for the warre But our bands do assemble extraordinarily and casually when perill doeth approch or when the Prince is pleased vpon any sudden to call them And as our souldiers are by vnlooked for occasion assembled so are they returned home so soone as the warre which was cause of their conuocation ceaseth This is the reason that Cassation which the Romanes did accompt dishonorable or infamous seemeth to vs little or no disgrace at all For indeed the Romanes did hold no dismission honourable vnles he who was dismissed did depart by licence of the Emperour or Generall and that with speciall grace and fauour The Romane custome was also such as no man of Armes was Cassed with honour vntill he had serued a horseman tenne yeeres a footman twenty yeeres and sea souldiers twenty fiue yeeres In the end of which termes the men of warre were licensed to depart with commendation and for the most part with recompense of seruice to some more and to some lesse according to their merits From which time forwards they continued or discontinued at their pleasure or if they were required to stay in the Legion the same was by way of intreatie and no compulsion and during that abode to be free from all seruices and impositions saue onely to fight with the enemie Also whensoeuer those men marched they followed a particular Banner purposely appointed for old souldiers leauing the Standard ordinary and the Eagle And if they or any of them desired to returne vnto his owne house they were permitted so to doe and receiued diuers priuiledges confirmed and increased by Constantine the great Thus much concerning Cassing honourable Touching Cassation causary or reasonable that was euer in consideration of sicknesse or disability accidentall and vncurable as if any Souldier became blinde or lame or happened to haue any such impediment as might make him vnfit for Armes Cassation ignominious was for some offence or crime worthy of lesse punishment then death and who so was in that sort cassed might no more abide in Rome nor approch the Emperiall Court. By an Edict of the Pretor a souldier was noted of infamy if he departed from the Armie and so iudged by the commandement of the Emperour or generall Captaine and euery souldier so sent away shal be iudged infamous whether he be a common man or a particular Captaine or other inferiour commander Pomponius addeth that if a Chieftaine or other officer although he weare the ensignes of a Consul may be cassed with infamie