Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	henry_n	king_n	scot_n	2,191	5	10.0366	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11863	Honor military, and ciuill contained in foure bookes. Viz. 1. Iustice, and iurisdiction military. 2. Knighthood in generall, and particular. 3. Combats for life, and triumph. 4. Precedencie of great estates, and others.	Segar, William, Sir, d. 1633.; Rogers, William, b. ca. 1545, engraver.	1602 (1602)	STC 22164; ESTC S116891	203,415	258

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

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 Mithri●●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

French king all souldiers were inhibited to goe from the Armie without License It was also the Romane vse that euery souldier did aske leaue of his Captaine and the Captaine to haue License of the Generall of horse or Captaine general before he departed from the Armie also during his absence to leaue a sufficient man to supplie the place and he himselfe to returne at the time prefixed which done he receiued his whole pay without diminution as though hee had neuer bene absent As touching the limitation of time and the number of souldiers who were licensed to be absent we reade that Scipio in the warre of Carthage gaue license vnto three hundred Sicilian souldiers and put three hundred other men to serue in their places and Francis the French king commanded that more then thirty horsemen should not be licensed to go from the Armie at one time and they not to be absent longer then three moneths vpon paine to be checked of their whole wages William Rufus King of England did inhibit souldiers and all other subiects of reputation to depart the land without leaue which is yet obserued It seemeth by Pol. Virg. that rather the hand of God then the King punished this attempt for he was there slaine in the battell And Polydor Virgil writeth that one Edward Wooduile chiefe gouernour of the Isle of Wight for going forth of the Realme without license was put to death vnder King Henrie the seuenth But Zeno the Emperour punishing that offence more mildely ordained that if any souldier were absent one whole yere without license he should be put after tenne if he were absent two yeres he should giue place to twenty if three yeres then to be vtterly discharged from the Armie at his returne thither Theodosius and Valentinianus in that case would not vtterly discharge them the Armie vntill foure yeeres absence was complete If any souldier were sent vnto a Prince to performe any seruice and at his returne did signifie such employment together with his diligence to returne in that case he ought be excused because his absence was by commandement and in seruice of the State not for his owne profit or priuate commoditie But who so for his owne particular affaires is licensed and assigned a day of returne in failing thereof he shall be reputed a loyterer or a fugitiue vnlesse he be deteined or otherwise iustly excused To conclude therefore we say that no souldier departing from his Ensigne without leaue can be excused nor his absence auowable but when the same is for seruice of the prince or common weale as Scoeuola in his militarie Ordinances hath written CHAP. 30. ¶ Of Ambassadours or Legats THe office of an Ambassador was by the Romanes accounted both honourable and sacred including as well power of commandement as dignitie Whensoeuer therfore any Ambassadour did come to Rome he was first brought vnto the Temple of Saturnus there to haue his name written before the Praefectiaerarij from thence he went to deliuer his legation vnto the Senate But first it ought be remembred that men meetest to be employed for Ambassadours are they indeed who are of most sagacitie and greatest skill how to discouer the counsels and designes of the enemy Scipio Africanus hauing occasion to send an ambassage to Syphax elected certaine Tribunes and Centurions and caused them to be basely apparelled Cato beholding certaine Ambassadors to be sent by the Senate to compound a peace betweene Nicomedes and Prusias the one of them had his headfull of skarres the second was impotent of his feet the third timersome said This Legation hath neither good head feet nor heart Ambassadours ought be in all countreys inuiolable in signe whereof they anciently caried about them the herbe Sagmen which we call Veruen to shewe they were sacred and that no man should dare to lay hold on them who so offred them violence was thought to haue done contrary to law of Nations Which moued Publius Mutius to command that whosoeuer did strike an Ambassadour should be deliuered vnto that enemy from whome the Ambassadour was sent And though the enemy receiued him not yet should he remaine an exile as if he were interdicted from fire and water according to the sentence of Publius Mutius Yet doe we read that Dioscorides and Scrapion Ambassadors sent from Caesar to Achillas so soone as they came within his sight and before he heard them or for what affaires they were sent commanded them to be taken and slaine Caesar likewise sent Marcus Valerius Porcillus vnto king Ariouistus who being there arriued was presently taken and put into prison notwithstanding he were a young man of great vertue and curtesie Likewise Comius Attrebas being sent by Caesar into Britane was cast into prison by the Britanes Laërtes Tolumnius king of Vients did ●lea foure Ambassadours of Rome whose portraitures remained long in the market place Such honour the Romanes vsed to giue vnto those men that dyed for their country Alexander the Great besieging a Citie called Tyrus sent Ambassadours vnto the inhabitants thereof who contrary to the lawe of Nations slewe them and from an high tower cast downe their bodies CHAP. 31. ¶ Of prisoners taken by the enemie WHo so is taken in the warre ought by the law of Nations to be reputed a lawfull prisoner yet if afterwards hee escape and returne home he recouereth his former estate They that are thus taken were by the Romanes called Serui quod seruantur as much to say as being taken they ought be kept not killed whereof may bee inferred it is vnlawfull to kill a man hauing yeelded himselfe because that acte is inhumane and all great Captaines haue forbidden it according to the saying of Horace Vendere cum possis captiuum occidere noli Herein also wee are to follow the example of ancient Princes and chiefe commanders in warre Alexander the Great tooke to wife Roxanes whom he had taken prisoner in the warre Henry the seuenth king of England hauing taken Lambert a king of Ireland together with his schoolemaster pardoned both their liues the one because he was a childe the other a person Ecclesiasticall and dedicated to God so sayth Polydor Virgil. Romulus made a law that cities taken by warre should not be vtterly demolished nor all beasts in the field slaine but setling there certaine Colonies they did participate of the commodities with the naturall people Yet true it is that some conquerors haue anciently vsed great crueltie For reade wee may that the Africans caused many Cathaginians their prisoners together with their Captaine Gestones to haue their hands cut off and their legs broken with a wheele Likewise Hasdrubal after Megarae was recouered from the Romanes caused their eyes their tongues secret parts to be torne with yron hookes he also cut off their fingers and flayed their bodies and before they were dead hung them vpon the walles We may also here remember the terrible custome of the Thuliti who vsed to

should not be arested to the vse of his creditors if other meane of satisfaction might be found Because the law compelleth souldiers to pay only so much as they are able yet that fauour extendeth not to all men professing armes but those in particular that haue serued long and for such debtes as they incurred during the time they continued in the warre Here is it also to be remembred that no gift bestowed for seruice may be vpon any priuate contract impawned For if the creditor can be otherwise satisfied then the law determineth no execution shall be taken vpon gifts or goods bestowed for seruice anciently reputed sacred which reason mooued the most Christian king Francis to make an Edict whereby he commanded that vnto such souldiers as wanted money victuall should be sold in credit but if after a conuenient time that debt were not payd then the Treasorer should make stay of the souldiers pay and deliuer it vnto the creditor Likewise Charles the seuenth did forbid that the Armes of souldiers should be sold to satisfie creditors The law of Graecia did also inhibit the taking of Armes for satisfaction of debt yet by the same law power is permitted vnto creditors to arrest any souldiers person that is indebted The same lawe likewise commaundeth that no artificer appertaining to the warre should be personally imprisoned for money yet was it lawfull to extend his goods Solon in his law called Sisacthia made for the Athenians seemeth to thinke it vnreasonable that the body of any Citizen should be imprisoned vpon debt due for vsurie Summarily therefore we say That souldiers are bound to pay so much as they are able and no more which happily mooued Tertullianus to affirme that who so hath possession of any stocke of goods chiefly appertaining vnto the warre he may be forced to pay vnto his creditors so much as is properly his owne but not take any thing belonging vnto the State neither is it lawfull for the father to sell the lands or goods entayled or assured in perpetuum vnto his heires as Papinianus hath written CHAP. 35. ¶ Of Captaines generall Marshals and other chiefe Commanders IN Athens a man called Dionysiodorus did take vpon him to reade an art of conducting and trayning souldiers which skill albeit he had knowen yet could he not enforme any of his auditory how to become a good Commander because the leading of men is indeede the least part of Commanding For it behoueth a Generall not only to conduct an armie but also to prouide things needfull both for the warre and mainteining of men A carefull chieftaine therefore is to shew himselfe patient prudent cautious liberall and such a one as loueth more to giue then to keepe Homer vsed to call Agamemnon a Pastor of people because he carefully intended the safety of his Army Antonius for many qualities no commendable Emperour yet in one point much to be praised because he liked better to be called a companion of armes then a Prince He also sometimes vouchsafed to march on foot and in his owne hand carry the generall ensigne of the armie which was of great poyze and not to be borne of the strongest souldiers without much paine Theodosius the Emperor did not command the meanest souldier to do any thing but that he himselfe would sometimes doe wherein he performed the part of a stout souldier and an excellent chiefetaine which example percase mooued ancient men of warre after victory to elect their Emperour out of the number of notable souldiers for so it seemeth Germanicus was aduanced We likewise reade that Tiberius was pleased to consent that Blesus should be called of the Legions Imperator for that was the ancient title due to Commanders generall The historie of Maximinus sheweth that he became preferred by the warre being borne of obscure parents in Thracia and as some write the sonne of a shepheard Yet because he was a man of great fortune courage and strength by the degrees of warre he aspired to gouerne many Countreys After that time he became Liuetenant generall vnto Alexander and in the end by the Romane armie chosen Emperour Thus much concerning generall Commanders aduanced for proper vertue Plato in his common weale wisheth a Chiefetaine to be elected in this sort A General of horse saith he ought be made by consent of the whole Armie The Praefecti whom we call great commanders were elected by those souldiers that bare targets The Tribunimilitum had their aduancement by voice of men at armes and other Captains of meaner place were appointed by the chiefe General The horsemen did euer giue their voyces first in presence of the foot bands and two of them that gained most voices were appointed to commaund the rest The Captaines also did name him for Emperour that was in seruice most painefull in perill most resolute in action most industrious in execution most quicke and in counsell most prouident In this election no respect was had whether the person elected were a Senator or recommended by the Senate because the qualities aforesayd sufficed to make a Generall as appeared in Maximinus the Emperour in whose election the Senate did not intermeddle That General therefore seemeth of most sufficiencie who knoweth as a souldier how to offend his enemie gouerne his owne forces endure heate and cold sleepe on the ground patiently suffer both labour and lacke For sometimes we see that he who hath authority to command needeth another to command him Some others also are called to authoritie and command in the warre before they haue skill how to doe it or haue read any precepts military or are by the rules of predecessors enformed For a matter of more difficultie it is to know what appertaineth vnto a Captaine then to execute the office of that place seeing skill must precede action and vse goe before commandement In this point we haue heard Francis the French king much commended who kept in memorie the historie of all his predecessors and to witnesse his proper valor at the battel of Pauia wherin albeit he was vnfortunate yet with his owne hand he slew a German Ensignebearer to his eternall glory It seemeth therefore expedient for all Princes and commanders in warre to be well studied in histories and chiefly those that concerne the actions of their ancestors which perhaps moued Edward the third king of England at such time as he made warre vpon Robert the second king of Scots to command a certaine Monke to attend his Maiestie in that expedition and with his penne to expresse in verse being indeed an excellent Poet all the actions and proceedings of that enterprise Mahomet the second king of Turkie endeuoured much to know the histories of his predecessors and gaue bountifull rewards vnto one writer called Iohn Maria of Vincenza for expressing the victorie he obtained against Vssancassan king of Persia as Paulus Iouius noteth much more praise and honour is due vnto those Captaines that haue by long seruice and due degrees of warre

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 cōmon 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 Sou●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