How diuers crimes haue been sharply punished in times past: and how it is necessarie for a Lieutenant Generall to be somewhat cruell, if so be he would be well serued of his Souldiers.
The 4 Chapter.
I Will here inferre certaine examples of the seueritie that the auncient Chiefes in times past haue vsed towards their Souldiers, when as they did commit any great offence; I doe meane capitall crimes: which were committed after one of these two manners, either by one man onely, or by many (for sometimes whole Legions did offend) and were punished either perticularly or in generall. As for perticular persons, I do finde that the auncient Chiefes did punish chiefly all those that were not at their watches with their Ensignes, or with those whome they ought to followe in such like seruices: they likewise were punished that went frō their watch after they were in it. Also he was punished that did forsake the place he ought to keepe or to fight in, or that did vaunt that he had done any good seruice, and was afterwards prooued a lyar. He also was as sure to loose his life that fought with his enemies without leaue, or expresse charge, as if he had been slaine by them. Moreouer, they that did throw away their armes for feare of their enemies, and those which did flye from a battaile, had their payment likewise with the others. Concerning generall faults; if the Legions did vse any rebellion against their Chiefes, or if that they did mutine, or did flye from their enemies, the custome was to put a great ma∣ny of them vnto death, or the chiefest rebels: the least punish∣ment was to cassier them quite & cleane frō the ordinary bands, and consequently to pronounce them to be infamous, and depri∣ued of all those priuiledges, which the other Souldiers who ser∣ued their time, and went away with the good willes of their Chiefes, did inioy and their children. Of which perticular and generall faults, I haue here inferred certaine examples: by Page 281 which shall be shewed how the auncient Chiefes, and many o∣ther good Souldyers long since, haue grieuously punished all those that did not their duties in the warres, and those likewise that did commit any crime of importance. Chiefely disloyaltie was had in contempt amongst them: and all those that did fal∣sifie their faiths, were grieuously punished with the most cruell death that could be deuised: as appeareth by Mutius Suffetius, who was pluckt in pieces betwixt two Waggons, because of his disloyaltie vnto Tullius King of Rome in forsaking him, when as the Romans and the said King fought against theyr neighbours, and that he should haue succoured them with his men being there present with them, and sent for vnto that in∣tent: who in stead of ayding the sayd Romans, and entring into battaile with them, stoode still to sée what successe they should haue in their fight: by meanes of which dissimulation, the Ro∣mans were in great doubt and ieopardy being forsaken, ha∣uing to deale with two great armyes, to wéet, the Venetians, and the Fidenats, who were assembled against the Citie of Rome: but it came so to passe that the Romans got the victo∣rie, and Tullius seazed vppon the traytor, causing him to be put to death in the sight of all his partakers after the manner afore∣sayd. I do put in amongst these disloyall persons all those strangers which sometime serue the King, and do forsake him at his néede, or do go away vnto his enemies without asking leaue: which disloyaltie in mine opinion is so detestable, that it cannot be ynough contemned, nor punished so grieuously as it doth deserue, because it is a deceiuing of God and man: which crime is more practised at this day then euer it was, especially amongst a great number of Italyans, which do nothing but trot too and fro, now to one, and to morrow vnto another, not stay∣ing long in a place (but like peason boyling in a pot) and that for euery light occasion, so that there are very fewe of them that can vaunt that they haue alwayes held vppon one side, so great∣ly is the said Nation subiect to the changing of opinions: and those whome the King hath mainteined long time, are the woorst, who do forsake him as if they neuer had knowne him, sooner without taking their leaues, then otherwise: and this Page 282 they do aswell in time of warre as in peace, which is most disho∣nest and infamous, for at the least they should take their leaues before that they did forsake his seruice. I dare say that amongst the simple souldiers there is not one that hath continued in his seruice during the warres without going vnto his enemies, ex∣cept the Chiefs haue had so good an eye vnto them, as that they could not eskape when they would: so are there others likewise that do come from our enemies vnto vs, and so they do trot too & fro, not resting long in a place, yea, some of thē that haue not caried one moneth in a place, do runne away the next day after that they haue passed muster. Our owne countreymen do the like oftimes, many of them imitating the Italyans going vnto our enemyes, making no more difficultie then if they were stranges: there are also many of them that go home vnto their owne houses, and other that do go from one band vnto another assoone as they haue receiued their money, not making any ac∣compt of the oath that they haue taken, making God as their compagnion, making no accompt of the Kings money which they do carry away & steale from him as approued théeues, trai∣tors, & periured persons, so that there is not almost one souldier yt hath the feare of God, nor the reuerence due vnto christian re∣ligion before his eyes, for if they had, the oathes and promises which they do make should be obserued, & the wickednes which they do commit, should not be committed: but for that they do not feare him they do dispraise him, & dispraising him, it is not possible that they should kéepe any thing that they do sweare in his name. Is it possible that they should feare him whose name they do blaspheme & contemne in all their communications? as we sée they do, therefore there is no other remedy but to com∣pell them by mans lawes to obserue that, which they do make no reckning to kéepe by Gods lawes: and mine opinion is that it should be decreed, that who so euer should be found in this fault, were he Frenchman or stranger, should immediatly be beaten to death with mallets, or buried aliue, or pluckt in pieces with foure horses, or haue a stake thrust through his body, for ye other punishmēts are too gentle for such a crime. And as concer∣ning the disloialty of those which do go vnto our enemies with∣out taking their leaues before that they beare armes against the Page 283 King, which liberty of departure with leaue is only to be per∣mitted vnto those that are not bound vnto him either by faith or homage. I haue read one example of Henry the 7. Emperour of Rome, who caused an execution to be made in his Campe, whē as he besieged the City of Bresse, vpon an Italyan named Galleas Brusat, who forsooke him without leaue, and serued a∣gainst him with his enemies, who being taken by ye Emperour his men at a sally that he made out of the said towne, was im∣mediatly pluckt in péeces with Waggons. This example need not to be accompted auncient, for it is not aboue 200. yeares since it hapned, yet I haue alleaged it auncient, because that the manner of punishing of this offence doth like me better then yt we do vse at this time, which is either to hang, or to behead, or to passe the pikes, which punishments are to be thought to be ri∣gorous ynough for many other crimes which the souldiers do commit, but for such an offence as this, I do thinke them to be too gentle: wherefore I will continue in mine opinion, that one of the aforesaid punishments ought to be vsed in this case, for these commers & goers are causes of too many inconueniences, and therefore when that any of them are taken, they should be so handled, that the remembrance of their punishment should re∣maine for an example for euer: and aboue all things we must neuer let such a crime scape vnpunished, if we haue opportunity to punish it. The Romans had a great regard not to pardō their fugitiues, nor to restore thē vnto their goods, or first honors, nor to trust them at any time after with any charge whatsoeuer it were, as we do at this present, but they were assured to be put to a most cruell death whēsoeuer that they were taken, whereof we haue many examples in their histories, specially of those which Fabius Maximus foūd in certain townes which he tooke frō Anniball, who being sent vnto Rome, wer first of all whipt, & afterward throwne downe from an high rock. Certaine fugi∣tiues that were deliuered vnto Scipio by an accord yt was made betwixt the Romans & the Carthagenians, some were behea∣ded, & others crucified. The aforesaid Fabius at another time caused the hands of all the fugitiue Romans, and other stran∣gers fugitiues yt had serued thē to be cut off, which he did, to the intēt yt the remembrance of the offence & punishment might be Page 284 refreshed as often as they were séene that had lost their hands. Yet me thinke that these pernitious people, although that they were maymed of their hands, should not therefore leaue to do many mischiefes, hauing the other parts of their bodies whole, wherefore I would at the least dispatch them of all at once.
Paulus Aemelius after that he had vanquished Perseus King of Macedony, made all the fugitiues that were found in his e∣nemyes hoast to be slaine by Elephants: the sonne of the sayd Paulus, to wéet, that Scipio which razed Carthage, condemned all the fugitiues that he could lay hands vpon, to be quartered and deuoured with wilde beasts. Auidius Cassus, and many o∣thers, haue procéeded in the like busines most seuéerely, and yet not so rigorously, but that they haue deserued a great deale more. Moreouer, the said Chiefs did most sharply punish those which did not obey the Proclamations and commaundements that were made by their Chiefes, as appeareth by the example of Manlius Torquatus, who caused his owne sonne to be be∣headed for fighting with his enemyes contrary to his comman∣dement: and the victorie which he got saued not his life, and yet he was challenged ye Combat body for body, of which chal∣lenge he could not rid his hands with honesty, if there had not bin commandement vnto the contrary: the said Mutius prefer∣red the obseruation of militarie discipline before fatherly loue, and caused his sonne to be put to death. Within a little after there was ynough to do, for that Quintus Fabius, Captayne Generall of the Romane Horssemen, fought with his enemies contrary vnto the commaundement of the Dictator Papyrius Cursor, who although that he had ouerthrowne his said ene∣myes, yet the Dictator would haue put him to death for hys disobedience, so highly was this discipline and obedience e∣stéemed amongst them aboue all things, without the which they knewe that the occupation of armes whereof they made their profession, and for which they were honored and feared more then any other Nation, would be abolished in short time, without the which, the Chiefes did neither deserued to be called Chiefes, nor the souldyers true souldyers, but might bée ac∣coumpted to be a disordred multitude, if the Chiefes were not Page 285 obeyed, nor the souldyers shewed themselues to be obedient: and thus much concerning the principall offences which soul∣dyers do commit during the warres, and the disorders which they do, being in Campe, as running ouer the countrey, raun∣soming their hoasts, eating them vnto the boanes, pilling them, beating them that they do dye of it, and forcing their Wiues and daughters, and to be short, for all the other outrages which they do. I haue many examples worthy to be remembred in such like cases, and those that haue happened specially amongst Heathen men, that haue had no knowledge of God, nor of his truth, who notwithstanding would not suffer that this wicked∣nes should raigne amongst them, for the aforesaide Auidius Cassius doing all his endeuour to restore the discipline of the warres vnto his intier, after that it was made base and come to nothing, ordained that the souldiers that did take any thing from the people of the countrey where he came, should be cruci∣fied vppon the place. Peseinius the blacke, a great obseruer of auncient discipline, did condemne a whole Deceine of souldiers vnto death, for that they had taken a Cocke from a poore coun∣treyman, and had eaten it, but to haue the good wills of his ar∣my, who instantly besought him to shewe mercy, he pardoned them, with condition that they should recompence the poore man with tenne times as much as the Cock was worth: and more∣ouer, that no souldier of the Deceine should kindle fire as long as the warres lasted, nor should eate any thing but dry & rawe flesh. Alexander Seuerus did sharply & grieuously punish any of his souldiers that did go out of their way to runne into any house to do any domage, hauing always these honest words in his mouth, Do not that vnto others, that thou wouldest not haue other do vnto thee. It were necessary that Captaynes at this day should vse the like diligence, for to auoide the disor∣ders that souldiers do commit in marching vppon the way, for there shall hardly be house or village vpon the way, either farre or néere, but shall féele them, for they would be verie sorie if they had not left tokens behinde them, or that the countrey should not haue occasion to remember their passage long time after. I do not speake for those places which do ofttimes resist to giue Page 286 lodging vnto the King his good seruants, who march at his commaundement, to succour him in his extremitie, as many walled townes within this realme are accustomed to do, for a brauerie, or presuming vpon their strength, although that the sayde souldyers do demaund nothing but lodging and victuals. In which case me thinke there would be no great hurt done if that they might be shewed what difference there is betwixt these subiects that do abandon their goodes, and hazarde theyr liues to serue their Prince: and those that are good for nothing but to rake vp the fire, and to hurt those that do him seruice. But I do speake concerning villages, open places, and houses that stand skattered héere and there, who haue neither power nor will to resist, whome they do vse like vnto places that had resisted them, and done them much hurt: so that there are but fewe Townes, Villadges, or houses that can skape frée whereas men of warre do passe, but they shall be let bloud in the pursse, either by the Captaynes, or harbingers, if so be that they were too farre out of the way for the souldyers. And if the souldyers should come there, it would be worsse, for that there is no man, or if there be any, it is very fewe, that do with∣drawe them from doing euill, for that there are many Chiefes that do make no other accoumpt, but that euery man might do what he would himselfe, for that they do reasonably well for their owne partes. Moreouer, it would be very hard to make the simple souldyers to liue honestly, and their superiours to make their hands, for the rule must be generall, and the small must imitate the great. This taking that I speake of is so v∣suall at this day, that robbery doth séeme to be but a rent, so that there is no accompt made to punish those that do ransacke the places yt are in their passage: I do speake both of the Captaines & souldiers that do pillage the countrey. Those likewise ought to be punished which do séeke to corrupt Captains, or harbin∣gers, causing them to passe any one place to goe vnto another: and those also ought not to goe frée which do take vpon them to lodge in any place with intent to be reuenged of the said place through the charge, trouble, and domage that souldiers ordi∣narily do whereas they lodge, and being lodged to such an Page 287 intent, it will make their willes sharper to do ill, who of them∣selues are so sharpe, that they néede no whetstone, for in such a case there would be but too many askers found, whereas if punishment were vsed, there should be no man would put for∣ward himselfe.
The aforesaide manner of rebellion doth deserue to haue an expresse order made, commaunding that Souldyers which do march through the countrey with good commission, should be readily obeyed, and if so be that the said souldyers did commit any crime, except satisfaction were made im∣mediatly, the townes where the crime was committed, should be holden, to send accusations and complaints vnto the Leute∣nant Generall, or vnto the Gouernour of the countrey, to at∣tache the Chiefe himselfe. Moreouer to speake truly, to suffer a baggage towne, or a good, to shut their gates against men of warre, which do goe to serue the King, and do vse themselues like honest men, there is neither reason nor order in it, for first of all it is a resistance against the King who doth pay them, secondly, it is the way to famish the poore men. Moreouer it may be that they may take their ill vsing in so ill part as to leaue their Captaine in the lurtch that hath bin at the charge to leuy them, and returne home againe. Furthermore, this refu∣sall might encourage the countrey people to be as vnreasonable as the townes that do shut their gates, and cause them to as∣semble themselues a great number together to charge them, imagining that they might lawfully do it, forasmuch as the townes did resist the said souldiers. And I leaue it vnto your consideration to thinke vnto what end all these inconueniences might come. For the shutting of the souldyers out of theyr townes, is in truth the way to ruyne them, for that the suburbs of townes are not commonly so great, that all the souldyers of one, or many bands may lye couered ouer head, and in such places the sayde towne may stande, as there is neither house nor bushe néere, who then hauing no tents with them (as they are accustomed to carry none) except that the place haue many trées in it for them to cut downe, which would be too great a domage, they must lye in ye deaw all night, & therfore how little Page 288 time soeuer that this course doth last, they do fall sick, and dye by the way, whereas else they would come fresh vnto the Campe, & in state to do seruice: in summe, it is the way to make both the Captaines and Souldiers to dispaire, and to cause them to do those things, which when they are done, might displease both parties, and when all is well wayed it must be so: for we do say commonly, that of two euils, we must auoide the greatest, for in mine opinion, there would be lesse hurt to enter forcibly into one of these rebell townes, and rather into the first that should stand vppon these tearmes, then any other, to make the rest afrayde: prouided that they did kill no body if it were pos∣sible, and that there might be no rauishing of women, Church robberies, or other disorders committed, then to suffer resis∣tance, or to haue a warre with the countrey all alongst their way, or to be in danger of famine, or of being ouerthrowne, or of falling sicke for want of lodging, and so to returne home a∣gaine, for these are matters of a greater domage, then the forceible taking of a place, forasmuch as of the one there doth ensue but the domage of certaine resistants, who are the first causers of the strife; and of the other might procéede the dis∣credit of many poore Captayns, for that they might be vnfurni∣shed of their people to serue their Prince, which is a hard match for them, and ynough to throwe them downe from honor all the dayes of their life, besides the daunger that they are in to be slaine by their owne souldiers, if so be that they did mutin du∣ring those troubles, as hath hapned many times in like cases. On the other part the King might find himselfe so vnprouided of people, & so forced by his enemyes, that a small power might do him great seruice, and perhaps giue him the victorie, for I haue vsed it for a prouerbe, that a thousand men sometimes are not worth one, and at others one is worth a thousand. Moreo∣uer, if the bands that should be taken vp in Fraunce should find these rebellions, there is no man although he were willing that could do him seruice, so that the King should be vnprouided of souldiers at all times when as he had néede, wherefore all con∣sidered, me thinke that there might be a time found to chasten these rebels, séeing that the souldiers do enter and lodge in the Page 289 best Citties of the Realme, when as they are commaunded to marche: or there should bee a generall lawe, that they should altogether lie in the fields, or else that they should be receiued in∣to the townes that were appointed for them to lodge in: and not to suffer certaine perticular places to resist, whereas all Fraunce in generall dooth obey. But to leaue this matter, to the intent that aswell the Captaines as the Souldiers should know that the vertue of the Heathen hath beene such, that they did forbid their people to do, yt which we Christians do amongst vs, in deuouring and oppressing one another, that the wicked might amend their liues. I am about to declare what the Em∣perour Aurelian did write vnto his Lieutenant Generall, con∣cerning the life of his Souldiers: the tenor of his letter was this.
If so bee that thou art determined to bee my Lieutenant, or if thou wilt liue long, it were necessarye that thou shouldest com∣maund, that no Souldier should bee so bould, as to take a Hen or a sheepe from any man, or to carrye away a plant of a Vine, or to spoile the séede vpon the grounde: nor likewise that they should constraine anye man to giue them oyle, wood, or other thing: but should content themselues with that portion of vic∣tuals, that was deliuered them out of the store. Furthermore thou shalt forbid them to make anye bootie or prea of the poore peoples goods that are our freends, but onely prea vpon our enemies.
Moreouer thou shalt enioyne them, that euerye man shall haue his harnes cleane and bright at all times, his weapons sharpe and well kept, the Souldiers them selues to bee well hoased, and when as they are newe apparrelled, let them rid them selues off the olde quight & cleane: cause them to keepe their wages warely, and suffer them not to spend it in drun∣kennesse or in Tauernes. What so euer they be that haue got∣ten any prise by force of armes, as Bracelets, Collers, or Rings, let them be worne ordinarilie.
Moreouer, for the horsemen, let them curry and rubbe their Horses of price them selues, if any of them doe make Page 290 any bootie of Cattle, suffer them not to bee soulde, but let them remaine in the hoaste for the seruice of Souldiers, or for foode: and let euerye one of them in his turne looke vnto the Mule or Horse that is appointed to carrye the Bag∣gage of the Deceine or Squadron that hee is of. Moreouer, thou shalt make thy Souldiers to bee seruiceable one vnto another as if they were bounde vnto this dutie as slaues: and cause the Chirurgeons to heale them without taking a∣nye thing of them. Finallye let them giue nothing vnto Southsayers, and cause them to liue chastely with their hostes: and whosoeuer is author of any mutinie, let him be greeuously punished.
And this was the contents of the letter that the sayd Empe∣rour did write vnto his Lieutenant: which was not written vnto the Souldiers of that age to better purpose: then it would be necessary for vs at this time, at the least a great part of it: nor the said Emperour had neuer more need to vse greater seueritie towards his Souldiers, then it is necessarye for vs to vse at this daye towards ours. A man cannot sufficiently de∣clare the wante of Iustice, that wee haue amongst vs: because that all vices doe raigne amongst vs, and that we do passe them by dissimulation: or if that anye offender bee punished, the pu∣nishment is not so grieuous as it ought to bee: for wee punish great faultes and small all alike: for as well shall hee bee quit with a hanging, that hath rauished a woman, as hee that hath stolne but one loafe of bread, or anye other small thing: not∣withstanding the punishments ought to bee different, for that the crimes of rauishing, is without comparison, more shame∣full, and detestable then robbing.
I would that the seueritye of the sayde Aurelian, were vsed amongst vs: for I doe thinke that our forcers of women would then bee rudelye ynough handled, if wee would imitate his example by the punishment that hee did vnto one of his Souldiers that had committed adulterye with his Hostesse: which woorde of adulterye dooth importe a freewill in it selfe, and is not to bee thought so haynous as forceing: yet not∣withstanding Page 291 hee caused him to bee set betwixt two high trees, and the toppes of the trees to bee bowed downe-warde, and one of his legs to be made fast vnto the one tree, and the other vnto the other tree, and beeing so bounde, the trees were let goe at once, so that the trees springing vp, pluckte him in two peeces. Which manner of Iustice was long after of such force, that there was no Souldiers of his that durste com∣mit anye offence, they were made so sore afrayde with the punishment that was vsed vnto one poore adulterer, which vice was almoste as much vsed at that tyme, as it is at this daye.
The Emperour Macrinus caused two of his Souldiers to bee put to death, after a strange manner, that had raui∣shed their Hostesse mayde: which was, hee caused two great Oxen to bee paunched, and put the condemned into theyr bel∣lyes, and theyr bellyes to bee sowed vp afterwarde: and to the intent that they might speake eache vnto other, hee appointed that they should haue theyr heads out: so that these two offen∣ders did rotte, and were eaten with the Vermine that engende∣red of the flesh, as it did corrupt: yet not so soone but that they pyned many dayes. A worthie example for all other to bee warned by.
The like punishments did the auncient Chiefes inuent to punishe the wicked that did commit offence, not onelye a∣gainst those that did the like vnto the foresayd, but also against those that did seeke to betraye anye Towne, and sell it vn∣to theyr enemyes, or to put anye troope of men into theyr handes, or other thinge, as it seemed by a certaine treason that diuers yoong men of Rome did practise to put Torquinus into theyr Cittie: who beeing discouered, were beheaded, with diuerse other of theyr partakers: and amongst others two of the Sonnes of Brutus, who being then Consull, com∣maunded the execution to bee doone vpon them.
There was likewise in our time certayne of those traytors punished, which is a thing worthye to be had in remembrance: It was when the Lorde Rans was Lieutenant for the King in Page 292Barlette in the kingdome of Naples, who hauing giuen charge of the towne and Souldiers in his absence: whilst hee was occupied to winne certaine places vpon the mountaine of Saintange, vnto an Italian Captaine named Ieronimie of Cremone: who had sold the sayde Towne vnto the Spaniards that were at Andria vnder the Countie of Boeiel: which trai∣tor being taken with his Seriant, who onely were found cul∣pable in this treason: were condemned to bee hanged by the feete vntill they died. Which sentence being executed immedi∣atly, the Seriant was hanged ouer the gate towards the sea, and the Captaine at one of the windowes in the Castle. I saw them hanging in this manner, when I came from the Spanish Campe, with whome I was kept prisoner from our ouer∣throw at Naples, vntill I came vnto Barlette, not finding any meanes to depart sooner.
Another like execution was doone at Thurine, by the Lord of Boutiers, vpon a traitor which brought the Spaniards into one of the Bulwarkes of the towne: so that if the sayd Lord had not beene in place as he was for his great profit, the towne had beene lost at that time: but thereby his vigilance was knowne, and that he was not a man that loued his ease as many others doe, when as they are appointed to keepe places that are worth the keeping.
The traitor as it was told me was drawne in peeces with foure horsses: and hee did well deserue to bee so punished or worse: considering the great domage that might haue insu∣ed of the losse of the saide towne, which is of such importance, that it were necessarie to haue good Cheefes in it, which should be vigilant, as the said Lord of Boutiers was, and as the Lord of Langey is, who dooth gouerne it at this instant: who cannot faile in executing of this charge any waye, for his vertues and perfect knowledge in learning and armes. I dare saye that hee hath a great care of the charge of the foresayde Thurine: for our enemies haue a good will to get it from vs, and doe alwaies vse all their indeuour: for in mine opinion it is the towne that that they doe most desire in all Italie: wherefore the King ought to make a great reckoning of it.
Page 293Forasmuch as I haue saide before that the faultes committed by perticular persons were punished perticularly, and those which the Legions did commit in Generall, were punished ge∣nerally.
Hauing spoken of perticular punishment: it resteth to shew how the Legions were punished for the generall crime or disorder which they did commit: whereof we haue an ensample in the life of Augustus Caesar, who cassierd the tenth Legion reprochfullye, because they had disobeyed him: which was a blot of infamie, that honest men did feare more then death: be∣cause they were alwaies after repulsed and reiected from all honest places, after that they were once cassierd, and were ne∣uer after suffered to follow the wars, nor to exercise any charge, nor to attaine to office or estate whatsoeuer it were. This maner of cassiering of bands hath béene vsed in Prouince in our time, by the Lord Constable vpon parte of those of the Garrison of Arle, and by the Lord Marshall of Montiean in Thurin: but this maner was not like in all things, because that the auncient Chiefes declared theirs to be vnfit for all honest busines: & those that the said two Lords did cassier were not so handled: but they may aswell attaine vnto any office, as if they neuer had bin cas∣sierd. The cause of this cassiering, was for a mutinie that was cōmitted by the Souldiers of both the foresayd townes, against the said Lords, who presented the king his person, & they procée∣ded so far, that they did enter both their lodgings forceably. We are so giuen vnto these mutinies, that there is no nation that dooth care for our companies one hower, but they had rather be farre from vs, then neare vnto vs: because that we runne from one vnto another, for euery small occasion, and are hastier to be∣gin these quarrels amongst our selues, then to fight with our enemies when time requireth: and these disorders doe oftener happen, when as we haue our enemies neere vs then farre of: for which there must be some good order taken, and most sharpe punishment vsed, as often as these mutinies doe happen, and that Souldiers do rise against their Chiefes. As for the muti∣nies of perticular bandes amongst themselues, I would haue him layd handes vpon that were the occasion of the mutinie, or Page 294 had begun it: and would haue him put to death after the maner that we are accustomed to punish mutiners at this present. And if so be that any did lay hands vpon the Captaines or Chiefes, I would haue them to bee put to some cruell death: as to bee buried aliue, to haue their bones broken, or to bee drawne at a Horse taile vntill such time as their bodies did fall a pieces: or haue thē to be punished in such sort, that it might be an horror and a feare vnto all others. And for to waight a time conueni∣ent to laye hands vpon one of these mutiners, I would haue the greatest patience that might be possible: and rather dissem∣ble a yeare or two, then to suffer one mutiner to escape the pu∣nishment that he had deserued. And if so be that a whole Legi∣on had committed this offence, that there were no meanes to know the principall mutiners, there were no better way then to imitate the auncient Chiefes heerein, who tooke out the tenth man, or a great part of their people, when as the fault was ge∣nerall: and this taking was doone by lot, which was an occa∣sion that the punishment did touche but some certaine number, and yet they all in generall were made afraid to be of that num∣ber that the lot did condemne.
Wherefore because that euery man was in daunger of this lot, they endeuoured with all their powers to doe their duties iustlye, fearing to beare the burthen of other mens faults. The lot likewise was vsed, when as the bandes or Legions did for∣sake a place, or runne away before their enemies: for that to put a whole armie vnto death had beene too great a losse, there∣fore they tooke the tenth man, and sometime more: and he was executed immediatlye. That which Appius Claudius did a∣mongst his Souldiers, may witnesse my sayengs: who figh∣ting against the Voloces, fled from the battaile: for which cause he did put to death all the Captaines, Centeniers, Corporals, and Souldiers of his hoaste that had lost their armes, and the Ensigne bearers that had lost their Ensignes, and not content with all this, hee caused the tenth man of the Souldiers to be put to death by lot.
Augustus Caesar caused likewise the tenth man of certaine bandes that fled from their enemies to bee flaine. Many other Page 295 Chiefes haue procéeded extraordinarely in this busines, as the one was more seueere then the other. The Lacedemonians made a lawe, that who so fled from a battaile, might neuer at∣taine vnto office in theyr commonwealths, nor marrye theyr daughters (if that they had any) nor take wiues if they were to marry. Moreouer it was lawfull for any man that did méete them vpon the waye, to strike or beate them at his pleasure: so that those poore miserable creatures were subiect vnto blowes, and vnto a thousand infamies, that the woorst Cittizens might doe vnto them. And to the intent that they might bee knowne from other men, they did weare their coates of two coulours, and their beards shauen on the one side, and long on the other. If this law had béen established in Fraunce during the warres which haue béene in our time, there would be more Souldiers found wearing partie couloured coates, and halfe shauen, then others: but let that passe: it might suffice if wee had a good will to amend our faultes for that that is to come, and to doe our endeuour from hencefoorth better then wee haue doone hi∣therto. To be bréefe, the seueritie of the ancient Chiefes did not onely extend vnto the punishment of those faultes which deser∣ued death. But also they had a regard vnto those faultes that were not of that importance, to the intent to leaue no fault vn∣punished, how little soeuer it was, contrarie vnto the discipline of the warres, as their Histories do make mention. Our Gene∣rall shall likewise take order that all the faults which his soul∣diers should commit, might be gréeuously punished, how little soeuer they were, contrarie vnto the discipline of the warres, or vnto the King his seruice, although they were not damageble at that time that they were cōmitted, but might be afterwards. Wherfore the said Generall must looke deeply into this matter, causing offenders to be punished according vnto the qualitie of the offence that they did commit, hauing a regard vnto the euill that hath insued, or the inconuenience yt might ensue: for which cōsideration it is necessary that the said General should be som∣what cruell, if he would be well serued by his people; cheefely at the beginning, vntill he hath brought thē in order to liue wel, & to that point, yt they do excercise their faculty as it ought to be.
Page 296And if so be that he himselfe were of so gentle, and pittifull nature, that he would not punish offenders rigorously: yet were it necessarie that some other should cause the punishment to be doone for him. For which intent I haue instituted before, the Iustice of the Legions, which maner of iustice he may vse if hee will: both for to ease himselfe of trouble, as also for not with∣drawing his wits frō his other busines, but whether he himself dooth take knowledge of the offēces that his people do commit, or that he doe referre it vnto their Chiefes, those that doe com∣mit any heynous crime: and amongst others, the one of them that I haue named before, ought to be extraordinarily punished. And to the intent that these wicked offenders might bee puni∣shed according vnto their desarts, and that the example might withdraw others from dooing the like: it were necessarie to de∣uise some new torment, to punish them with the most terriblest death that might be inuented. And if so be that any man will saye that a Captaine Generall ought to bee mercifull, and not such a one as I would haue him, I doe aunswer, that to execute Iustice is no crueltie, but to giue euery one his hyer, vnto the good all good things, and vnto the wicked theyr reward: for euen as we hold it for a most sure opinion, that good men cannot be so well estéemed or rewarded, but that they doe deserue much more: so likewise we may say by those that are wicked, that it is impossible to punish them so gréeuously, but that they doe de∣serue a great deale worse. Me thinkes that whosoeuer dooth betraye his Prince, in what manner soeuer it bee, or dooth faile to performe the principall pointes of the arte of the warres: or generally any other that may bee an occasion of the slacking of his seruice: that is to say, if he doe hinder it willingly, and erre wilfully, such ought to be tormented after the most cruellest sort that may be deuised: & that Generall yt should haue such people in his hoast, ought to put them to death with one of the tormēts abouesaid, without mercy or pardon. And although hee should be coumpted to be cruell, for vsing of such rigour, yet should not this tittle withdraw him from dooing his endeuour, but good mē will not blame him, but esteeme him the more, & besides their e∣stimation, the blame of the wicked is a thing not to be accomp∣ted Page 297 of at all. Moreouer, hee shalbe enforced to doe so, if hee haue a great number in charge, whether that they be all of one nation, or of diuers: for except that he be feared, & accompted to be such a one, he shall neuer kéepe his hoast in quiet, nor haue haue them readie & willing at al howres to obey him.
Amongst all the great acts, for which Anniball is renow∣med, I finde one to be the chiefest: that is, that he hauing vn∣der his conduct a very great army compounded of diuers nati∣ons, did gouerne them so well, that he neuer had one onely mu∣tunie in his camp, although they were of straunge countries, & did sometimes win, and sometimes loose: which is a thing wor∣thie to be remembred. The occasion of the maintaining of his armie in this peace, in mine opinion, was the vnnaturall cruel∣tie which he did vse, which together with his vertues, made him alwaies to be reuerenced and feared of his souldiers: but with out his seueritie: his good qualities would haue done him as li∣tle seruice as Scipio his did him: who although hee was ac∣compted to be one of the most vertuous men that euer was: yet for that he was no waies cruell, but the readiest man to par∣don that euer was séene, his lenitie so bouldened his souldiers to mutunie in Spayne against the chiefes, and to rebell. His great pitie another time, was cause of the destruction of those of Locres, and that many murthers were committed amongst his owne people. So that it appeareth, that lenitie, & pity are not profitable for a Chiefe that will be obayed of his souldiers, and that crueltie is more necessary for him. But because that this word, is somewhat odious, I will terme it seuerity, & will say that a Lieuetenant Generall that doth pretend to doo good seruice: ought to be as seuere as is possible. And if so be that he doe not punishe so rigorously, as is aforesaide, yet at the leaste he should suffer no fault to scape vnpunished: for in so doing e∣uery man will indeuour to doe well, and feare to offend sée∣ing no offence shalbe borne withall. And if I were asked whe∣ther it were better for a Generall to be feared, then loued of his people, or to be beloued then feared: I would answere, that he ought to doe his indeuour to bee both, if it were possible. But for that it is hard that feare and loue should bee alied together, Page 298 I say that it is much more surer to be feared, then to be beloued, if that he might not be both: forasmuch as we doe see that soul∣diours are generally ingratefull, variable, deceiptfull, doe wil∣lingly eschue perill and couet gaine, & whilst that they are pro∣uided for and that there is no great neede of them, they doe say that they are ready to serue, and to be wholly at the command∣ment of their Chiefes: but when it dooth come vnto the pushe that they must be put to their busines, then they do faine them selues sicke, or start away, or doe finde some forged excuse to bee exempted from their seruice: so that if there be no other meane to induce them to doe their indeuour, the accoumpt may bee made that they will doe nothing of them selues. Which other meanes must rather bee for the loue that they doe beare vnto their Generall, because that all men haue least regarde to of∣fend him who maketh him selfe to be beloued, then him that maketh him selfe to be feared: for bicause that loue is held by a certaine bond of obligation, which is soone broken by those men who doe loue their perticuler profits, more then their honesties: of which sorte the most parte of souldiers are at this day. But feare is held of a doubt to incurre the punishment which is ap∣pointed for euery fault, which feare doth neuer leaue those that doe their indeuour by force.
But a Generall must make him selfe to bee so feared, that if hee could not get the loue of his souldiers, yet at the least hee should not make him selfe to be hated by them. For these two things may well agree together, to wit, to be feared, and not to bee hated. With which meane the Lord of Lautrec helped him selfe as well as any Generall that was before him or since: for he was so feared of his men with out hatred, that euery man doubted to disobay him: many examples thereof were seene in many places, but specially vpon Easter day a litle from Na∣ples, where his Camp was in such a mutunie one against ano∣ther, that there was neither Colonells, nor Captaine Gene∣ralls that could appease them, or keepe them from beginning a warre amongst themselues, not vnlike to haue made a mer∣ueilous medley, if the sayd Lord had not gone betwixt them to parte them: which hee did with so litle difficultie, that assoone Page 299 as hee was ariued there was no stroke striken, nor man that kept his place: but they vanished sodainely out of his presence some one way some another, hee neither beating nor striking any man: but onely for the feare that euery man had to doe ought that might displease him. And in truth hee did all with his Souldiers that hee would doe, for which cause hee stroke them not: knowing that to bee common and familier with euery man (although that this familiarity in getting ye fauour and loue of men) might bee an occasion to emboulden them to offend sooner then if hee shewed himselfe to bee straunge and seuere: considering moreouer, that although hee made him selfe to be feared of his Souldiers, that he was not therefore to be hated of them: but also furthermore he lost nothing by shewing him selfe to be such a none as hee woulde haue his Souldiers for to bee. Moreouer, if there were occasion to put any man to death, the cause being iust, hee deferred it not: so that things were handled by him, that hee was not to bee reprooued.
In like manner must our Generall lyue with his people, and to haue that excellencie in him, to make him selfe to be lo∣ued and feared.