The practice, proceedings, and lawes of armes described out of the doings of most valiant and expert captaines, and confirmed both by ancient, and moderne examples, and præcedents, by Matthevv Sutcliffe.
Sutcliffe, Matthew, 1550?-1629.

CHAP. XXI.

Wherein a forme of Militarie lawes requisite to be published and ob∣serued of our English souldiers and others imploied in publike ser∣uice of their countrey, is prescribed. The first part of it conteineth lawes concerning religion and morall matters.

1 EVerie Morning at the relieuing of the watch, and euerie Euening at the setting of the watch, all Captains, Souldiers & others, both in campe and garrison, either in some speciall place to bee ap∣pointed, or in their corps de garde, or those that Page  305watch, in their garde, the rest in some other place shall assemble to heare prayers, and other exercises of Religion.

2 No enterprise shalbe taken in hand, but the companies that are to execute the same, shal first commend themselues to God, and pray to him to graunt them good successe.

3 Euery Sunday the whole company at houres appointed shal meete to serue God, so much as the necessities of warres wil permit. And for this cause a conuenient number of Ministers are to be en∣terteined, and such as abuse them, to be seuerely punished.

4 Notorious swearers, and blasphemers shalbe punished ac∣cording to the qualitie of their offence, yea with death, if their faults be heynous.

5 All abuses of Gods word, and holy Name in cursing, ban∣ning, charming and whatsoeuer other vnlawful practice, shalbe pu∣nished by imprisonment of the offenders, and death also, if the crime be heinous, and the example scandalous.

6 Many offences against God and man doe spring of dicing, carding, and other such vnlawfull games. Therefore let all dice, and eardes, and such like instruments of abuse be taken away as much as may be, and let such gamesters be admonished, and if they doe not so leaue, and reforme themselues, let them be imprisoned.

7 Common women let them be whipped out of the campe, and garrison, and such souldiers, and others as vse their company, let them be imprisoned. Officers that giue bad examples of such matters, let them loose their places. Suspicious women let them be banished the campe, or garrison.

8 For that God is greatly offended with drunkennes, and the abuses that come of it, and forasmuch also as campes, and garrisons are thereby much disordered, and many good men suffer for the a∣buse of such lewd drunkards: therefore such are to be imprisoned and fedde with bread and water, so long as the qualitie of their of∣fence shall deserue.

Annotations and interpretations of the former lawes, for the better vnderstanding of them.

[Concerning Religion.] The name of Religion, I know, will seeme strange to most of our lustie yong souldiers, that in swearing Page  306and blaspheming place their greatest brauery, & accompt it a shame for a souldier to be religious. But seeing not onely Religion, but rea∣son also may teach them, that no good successe can be expected at Gods handes, where hee is not serued; and that such wicked men as they shew themselues to be, are rather to feare the wrath of God, then to hope for victory or other fauour; let them if they be but mother∣wise, desist from scoffing at Religion, & if they be Christian-wise, let them learne to serue him, that is Lord of armies, and giuer of victory. The very Gentiles, albeit ignorant of the true God, yet in matters of warre were most deuout, and religious. The Romanes yelded such honour to their diuines, andasoothsayers, that nothing was attem∣ted either in matters of peace at home, or in warres abroade, but af∣ter consultation with them. Before they beganne warres with any Prince or nation, they sacrificed to their God, and besought him to giue them good successe, as is euident in all their attemptsbagainst Annibal, and in their warres againstcPhilip of Macedonia anddAn∣tiochus. When after long warres Annibale departed out of Italy, they caused their temples to be set open, that euery man might pub∣likely giue thankes. They did the same vpon the report of Scipioes good successe against their enemies in Afrike. Contrarywise, they imputed their euil successe to their contempt of Religion, and ceremo∣nies, whereby then they thought they pleased God. Fabius did so in∣terpret thefcause of the calamitie happened vnto them in the ouer∣throw of Flaminius, at the lake Thrasimene. The only meanes to re∣couer Gods fauour, he declared to be reuerence of Religion, and care to please God. Camillus after the recouery of Rome out of the hands of the Gaules, discoursing of religion affirmeth, that all good successe did proceede from thegfauour of God, while he was ho∣noured, and contrarywise that they had no good successe since Re∣ligion was by them contemned. This was also the opinion of other nations. Pontius the famous captaine of the Samnites saith, that ashGod fauoureth or disfauoureth their enterprises, so they sway one way or other. The auncient English and French vsed to compasse the Church within their fortifications: or at least built a church with∣in their castles; for that they imaginedi that no fort could long holde out, vnlesse God were there serued. God promiseth to those that ob∣serue his lawes, that one of them should chase tenne, and tenne a hundred, and a hundred a thousand, and threatneth the transgressors Page  307of them, that although they were many in number, yet they should flye many wayes before their enemies. If therefore wee hope or ex∣pect good successe in our warres; let vs first beginne with the ser∣uice of God, and let those be ashamed, that professing themselues to be Christians, yet are not so forward herein as the heathen that knewe not God; and are occupied most in abusing Religion, and pulling downe Gods Church.

1 [Euery morning &c.] Litle do they deserue fauour at Gods handes, that will not open their mouthes to craue it: neither do they deserue to be deliuered, that will not seeke helpe in danger. That therefore which is here set downe in this lawe, is nothing els, but the duetie of all Christians, yet specially commended to souldiers, con∣sidering their great negligence therein. That they may do their dutie more willingly, and knowe howe to doe it, certaine short prayers would be framed for the purpose, which in the absence or want of Mi∣nisters may be saide of the clerke of the band, or any of the company. Euery captaine ought to haue care, that his company doe herein their duetie, as the generall officers appointed for iustice, ought to see the same done in the whole campe or garrison. The penalties are accor∣ding to the faults either more or lesse, to wit, either admonition, losse of two dayes pay, or imprisonment.

2 [No enterprise &c.] As the former lawe respecteth times, so this respecteth seueral actions, and enterprises, and enioyneth soul∣diers in all matters of weight to require the helpe of God; a thing acknowledged iust of all Christians, and practised by the heathen. The Romanes departed not from the citie to goe to theawarres, but first they pacified the wrath of God, as before I haue shewed by diuers examples. The forme of Scipioes prayer loosing from the coast of Sicile, to goe into Afrike to warre against the Carthaginians, is expressed inbLiuie, the sum of it is, that God would giue him, and his company goodsuccesse, and safe returne with victorie. They did not attempt any great enterprise, but they made theircsupplications before all their gods. Fabius escaped a great danger by meanes he went not on his iourney being sent for by them of Metapontus, before that after his maner he had consulted with God. The same was like∣wise the proceeding of the Greekes.dArchidamus bringing his army Page  308before Plataea beganne first with sacrifices to craue the fauour of God, after his heathenish maner. The like did the Greekes long be∣fore at Aulis going against Troy. Xenophon in his returne out of his voyage with Cyrus, would doe nothing before he had reconciled his company to God. And when his men were in distresse; heaen∣couraged them, and willed them to put their confidence in God, for that he was able to saue a few out of the hands of many, in what danger soeuer they were. Neither was euer any nation sobbar∣barous, as to suppose, that victory came from other, then God, or could be procured by other meanes, then Religion. Shame then is it for Christians to be lesse religious then the heathen, or to haue more irreligious conceits, then they had. The penaltie of the trans∣gressors of this lawe, howsoeuer some escape the handes of Iudges and officers, is very seuerely imposed by God himselfe, that ouer∣turneth their enterprises. By enterprises in this place, I vnder∣stande battels, skirmishes, sallyes, ambushes, and such like feates of Armes.

3 [Euery Sunday &c.] It is much to be lamented, that among other the cares of Gouernors, they haue had no due care of Religion, and the seruice of God among souldiers, nor haue made any allow∣ance for the Ministerie among them. In so much that in some gar∣risons in the low Countreyes, souldiers haue liued almost without exercise of Religion, and in campes without any due exercise of the same. This first gaue me occasion by this lawe to excite their care and the care of Generals and captaines, both for more deuotion in religious exercises, and also for better meanes. If there were to eue∣ry two Regiments one or two Ministers allowed, it were a very com∣mendable course. The Papists haue their priestes in their armies, nay the very heathen had their exercises of Religion, but in our times those that are most curious, are in this point least carefull, and reli∣gious.cThe Spaniards vnto euery tertio, or Regiment haue diuers Priestes, whom they haue in great estimation, and punish those that doe violate them either in worde, or deede. The punishment of the offenders against this lawe is arbitrary, according to the quali∣tie of the offence.

4 [Notorious swearers &c.] For that there are diuers sortes of othes, and blasphemies in degree one worse then another, there∣fore haue I left the punishment of them to the discretion of the Page  309iudges, or officers that deale therein, respect alwayes being had to the heinousnesse of the fault. The Spaniards inflict grieuousapenalties vpon them that transgresse in this behalfe: and all Christians ought to detest and banish all abuses.

5 [All abuses. &c.] Vnder this title are comprised all profane scoffes at religion, all wicked opinions bolstered out with colours of religion. which together with other faultes seuerally named, are se∣uerely to be punished by the gouernors of campes and garrisons, be∣ing contrary to good proceedinges in warre, and in peace, for which also they are condemned by ciuill lawes.

6 [Many offences &c.] In this point many abuses are commit∣ted by our souldiers, of which insueth the displeasure of God, and ma∣ny other great inconueniences. To furnish themselues at play some sell their armes, others their apparell. At play they loose their mony, which should buy them victualles, and other necessaries. By losse some are driuen to steale, and to vse other vnlawfull practises. Some run to the enemy, and commit diuers other outrages. For this cause the Spaniard in time of seruice, doth banish allbvnlawfull games. The best remedy of all these abuses is, first to take away cardes and dice, and to forbidde them the campe or garrison; the next is to erect some other warlike exercise; the third, is punishment both of those that play, and those also that mainteine such implements of play. But as in other matters, so in this also, example is most auailable.

7 [Common women &c.] Among this number, all those wo∣men that abuse their bodies vnlawfully, are to be numbred. For a∣uoiding of which abuses, no women are to be suffered to follow the campe, nor any suspected women to keepe in the place of garrison. ThecSpaniards in their military lawes, do restreine officers, by losse of their place, and common souldiers, by other punishment, from this abuse. Among the Romane souldiers such abuses were seldome heard of. but if they were, very seuerely were they punished, and carefully reformed. Scipio the yoonger when military lawes grew in contempt among the souldiers of Spaine, did for redresse banish all women out of the campe.

8 [For that god &c.] The voyage of Portugall taught vs the inconueniences of drunkennesse by experience, but yet reason tea∣cheth vs much more. Thereof proceed quarrels, iniuries, mutinies, and many other disorders. Drunken men are vnfitte to march, to Page  310watch, to fight, or to do any maner of seruice. too common it is not∣withstanding among common souldiers. And I would to God that captaines and officers of companies, were free from it. In whom∣soeuer it is, the same may not be passed without punishment. Where∣in that neither sober men be touched wrongfully, nor drunkardes e∣scape scandalously, I doe thinke that those deserue to be punished as drunkards, which either through drinke commit any excesse, which sober men would not commit, or els are vnfit to do the seruice requi∣red at their handes.

CHAP. XXI. Part. 2. Wherein lawes are set downe, tending to the common safetie of the state, armie, or garrison.

1 ALl souldiers, or others that conspire against the state, or Prince, or Generall, or go about to betray the Ge∣nerall, or the army, or any part thereof, or any city, or ground in possession of the state or army, shall suffer death, and torments, if the matter be heinous.

2 Such as practise, and enterteine intelligence with the enemy without direction, or knowledge of their superiors, shall be puni∣shed as traitors.

3 Mutinous and rebellious persons are to be punished with death.

4 Whosoeuer yeeldeth a towne or fort to the enemy, or mo∣tioneth any such matter, but vpon extremity, and that to the Go∣uernor, or in councell, let him be executed as a traitor.

5 No captaine, officer, nor souldier may refuse to come, being interteined in pay, nor depart the campe, or place where he is ap∣pointed to serue, if the enemy be ready to charge vs, or we ready to charge the enemy, vpon paine of death, if it be not in time of ser∣uice, vpon paine of imprisonment. Except those alwayes, that haue licence of the Generall, or chiefe Gouernour, or other lawfull cause. To hurt, and sicke persons, the Colonell of the regiment, or Iudge martiall, or other officer appointed, may giue licence, that they may depart for a time, to refresh themselues.

6 All that runne to the enemy, or attempt to do it, as traitors to their countrey, are to be put to death.

7 No man shall bewray the word to the enemy, or giue a false Page  311word in time of seruice, nor when the enemy is nere shall sleepe in the watch, or suffer him to approch, without giuing warning, vp∣on paine of death.

8 Whosoeuer of wantonnesse, or foolery, is cause that the ene∣my hath notice of our disseins and purposes, so that some good op∣portunity of seruice is thereby omitted, is to be punished according to the quality of his offence.

Interpretations and annotations vpon the former lawes.

1 [All souldiers &c.] If conspirators deserue death, much more do they deserue the same that execute their treasons, and conspiracies.a Scipio killed all the inhabitants of Iliturgi a towne in Spaine, and burnt the towne, for that they betrayd the garrison, and reuolted to the enemy.b Orontes going about to betray Cyrus and his army to the enemy, was executed by Cyrus. This is nothing but the ordinary practice of the Romanes, which asc Tacitus affirmeth, brought such matters within the compasse of treason.

2 [Such as practice &c.] There is no surprise nor dangerous trea∣son wrought against a prince or his army, or garrisons, but the same proceedeth for the most part from secret practises, and intelligence of traitors with the enemy. Such practises therefore are not onely dili∣gently to be sought out, but also seuerely to be punished.d Marcellus executed seuenty persons of them of Nola for treason, and secret talke, and intelligence they had with Annibal. The Romanes ha∣uing notice of diuers cities in Hetruria and Vmbria, that had commu∣ned secretly with Annibal,e gaue order that both inquisition might be made, and due punishment awarded. Neither it is sufficient for any to allege that he is not subiect to our iurisdiction, for whosoeuer committeth treason against vs, be he Dutch or French, is to be puni∣shed. Quintiliusf Varus had intelligence how Harminius dealt with him treacherously, yet was slacke in making inquisition of the matter, which was the ruine of him and his company.

3 [Mutinous and rebellious &c.] Mutinous I do not call them, that vse bad words to their captaines, or that demand their due of them, although in tumultuous sort, albeit some do so take it, and haue pra∣ctised it. yet do I acknowledge that the same is a great offence, and to be punished, yet not in the degree of mutinie. Butg mutinous per∣sons are those that raise sedition, and stirre vp souldiers to rebellion Page  312against their gouernours, whereby the common cause may receiue detriment and hindrance. Hee that raiseth sedition, and giueth cause to dangerous stirres, is to be punished with death (saith Mo∣destinus) but if hee proceede no further then to clamorous com∣plaint, then is he to be punished with the losse of his place, if he be an officer; or if no officer, with some lesse punishment, then death. Yet are not all mutinous persons to be punished in one degree. Sci∣pio when his army in Spaine mutined vnder colour of want of pay, and long seruice; with the deatha of thirtie persons which were principall moouers of the sedition, did pacifie the matter. Caesar dismissedb Fonteius, for that hee was a seditious person. Suetoniusctestifieth that hee cassed all the tenth legion for the same cause. Mutinous I account thē also, that dissuade the souldiers from perfor∣ming any seruice commanded them by the Generall, and doe thinke that they deserue no lesse punishment. The Marques of Guast cast certeine mutinous companions into thed sea in sackes, for that they dissuaded the souldiers from the enterprise of Afrike, whither Charles the fift then led them. Such mutinies are diligently to be suppressed in the beginning, with the death of the beginners, ase Ti∣berius did the mutiny of his souldiers in Pannony, or with dismis∣sing some of the principallest.f Fuluius vnderstanding of a secret mutiny among his souldiers in Capua, gaue them no leasure to ex∣ecute their purposes, and presently dismissing the most seditious, had afterward reason of the rest.

4 [Whosoeuer yeeldeth &c.] This is nothing but a transumpt out of the Romane lawes, which in like case decree likeg punish∣ment. Pinarius being first prayd, then threatned by them of Aenna, if he would not depart out of the towne where he was in garrison, tolde them that he might not do it, for that no man was toh depart, or giue vp the towne of garrison, vpon paine of death. Thei Go∣uernour of Vacca, a towne in Afrike, was condemned, and execu∣ted to death, for that he yeelded the towne to the enemy. He that yeelded Pont Charenton to the Protestants, vpon the first appea∣ring of their troupes, was executed at Paris, anno 1567, by expresse commandement of the king. Rutilius spared not his owne sonne, that by negligence lost the castle ofk Taurentum in Sicily. So that not onely treachery, but cowardise, and negligence deserueth in this case to be punished. Cotta caused a neere kinsman of his to be Page  313beaten with rods, and afterward to serue as a common souldier for loosing a place by his default, which was giuen him in garde. The Carthaginians executed most cruelly him thata surrendred vp the castle of the Mamertines to the Romanes. There is nothing that can excuse a gouernour in this case, but necessitie, to wit, when either for want of men or victuals, or other weaknesse of ye place, he can hold out no longer. So wasb Attilius excused that departed the citie of Locri, and the garrison of Scodra that yeelded the towne to ye Turke, not onely excused, but relieued by the Venetians: for they held it to the vttermost. The Romanes suffered those to compound with Annibal, that were not able to resist his force. Except the case of necessitie proo∣ued by men of iudgement, in few other cases can those that surren∣der places to the enemie, be excused. In so much, that Alphonso Per∣rez (as the Spanish histories report) would rather suffer his sonne taken by the Moores to bee slayne before his face, then hee would surrender vp Tariffa into their hands, to recouer his sonne. Nay it is not lawfull without cause manifested before the counsell, so much as to parley, or motion any composition with the enemie. The women of Athens stoned Cirsilus to death, for that hec went about to per∣swade the townesmen to yeeld to the king of Persia. After the death ofd Cyrus, when the Greekes that went with him being farre from their countrey, were in distresse, one Apollonides despairing of o∣ther means, would haue had them to yeeld themselues to the mer∣cie of the enemie: but his speach seemed so vnwoorthie the pro∣fession of a souldier, that he was there disarmed, & like a base min∣ded beast laden with baggage. How many cities haue vnder colour, and in the time of parley bene betraied, I haue heretofore declared. The very motion of parley doeth daunt the courage of souldiers: and therefore such motions are not to bee made but in secret counsell, and in extremitie.

5 [No captaine, officer, nor souldier, &c.] The first part of this law the Romane souldiers when they were first enrolled, did sweare to performe; the second part is comprised in the Romane lawes a∣gainst such as depart the army without leaue. A matter very dange∣rous: for by such starting aside of souldiers, many garrisons are taken vnprouided, and many companies that are full in mosters, are very thin in time of seruice. And therefore although among vs euery cap∣taine of a companie take on him to giue licence of absence, yet is the Page  314same against all practise of warre. By the lawes of the Romanes no man hada power to dismisse souldiers, but the General: & if other∣wise it were, ye army might be dissolued, or at least greatly weakened without his priuitie, & the cause hindered by inferior persons trechery.

6 [All that runne, &c.] It is a great fault for a souldier in time of seruice to forsake his General. But farre greater to turne his hand against his country and friends, and to flie to the enemie. Such there∣fore deserue no fauour, being not only traitors, but enemies. The Ro∣manes punished such moreb grieuously then fugitiue slaues, and howsoeuer they compounded with others, yet alwayes excepted them. Sometime they were nailed to gibbets, sometime they werec throwen downe from hils. Those that did but endeuour to flie to the enemie although they perfourmed it not, wered put to death. Yet would I not haue them so depriued of hope of mercy, but that they may find fauour, if they with any new seruice can blot out their former offence. No man fought with more resolution against the Romanes, then these reuolters. Fabius would not suffer thee Ro∣manes to punish Altinius, that offered to restore Arpi vnto them, which himselfe before had caused to reuolt to Annibal. Marcellus knowing the purpose of Bantius, and that hee meant to flie to the enemie, yet by curtesie and liberalitie did chuse rather to draw ser∣uice from him, being a man of value, then to punish him. If then such poore men as by extremitie and want are driuen to flie to the e∣nemie, wil voluntarily returne againe and craue pardon, I would not haue them debarred from hope of mercie, which rigour is due onely to stubborne and wilful rebels.

7 [No man shall bewray, &c.] This being a difference, and somtime, as in the darke, the only difference whereby souldiers know their fellowes, great care is to be taken, that the enemie haue no no∣tice of it. In the night fight betwixt Vitellius and Vespasians soul∣diers, nothing did more preiudicef Vitellius his side, then that the enemie came to haue notice of the worde. Which happened by the often repetition of it in the darke. By the same the enemie either passeth away safe, or commeth among vs without resistance. Great punishment therefore doeth he deserue, that giueth the enemie to vn∣derstand it by simplicitie or negligence, but greater if by trecherie and false dealing. Likewise doeth he deserue punishment that neglec∣teth his watch. For seeing that the safetie of those that rest, consisteth Page  315oft times in the watch, who seeth not that they that neglect their watch, betray their fellowes safetie? thea watchman that suffered the Gaules to enter the Capitol, while hee slept, was throwen downe from the rocke whereon the Castle stood, there to sleepe for euer. By the lawes of theb Romanes hee that slept in the watch was put to death. Epaminondas going the round slew thec watch∣man whom he found sleeping, affirming that he did him no wrong leauing him, as he found him. Yet woulde I not that any man in pu∣nishing these faults should proceede rashly, and without cause spill poore soldiers blood, that is so willingly spent in the seruice of their countrey. For if the enemie be farre off, and the danger little, this fault is much lessened.

8 [Whosoeuer of wantonnesse &c.] By two meanes especially the enemie cōmeth to haue notice of our purpose, against the wil and purpose of him that giueth the notice: first by making of noyse and signes, which may be heard or seene of the enemie being farre off; se∣condly by talking and prating of matters, that ought to be kept se∣cret. by either of which meanes many enterprises are broken, & many good counsels discouered. The practise of the protestants against the towne ofd Saumur anno 1569 was broken, by fiering of cer∣taine houses whereby the enemie had notice of their comming. A like enterprise of theirs against Diep the same yeere was discouered by discharging of a pistole. In our voyage of Portugall the Spanish horsemen that coasted our companie, had fallen into a trappe layd for them, if one rash companion had not discharged his piece too soone, & therby giuen them warning before they entred into danger. If that certaine rash fellowes had not risen vp tooe soone and discharged their pieces vpon the gallyes of the Baron la garde: both he and his company had bene taken at Tonne Charente by Rochel An. 1569. by the babble and prating of a certainef Herald sent to the French king, he knew more then was conuenient of the estate and procee∣dings of Edw. the 4. as I before haue shewed. Caesar therfore that heg might take the Gaules vnprouided, forbade his soldiers in their marche to make fiers. And Homer expressing theh courage, and good order of the Greekes, saith they marched with great silence, whereas the Troians made a noyse like a flight of cranes. Frois∣sart reporteth that in ancient time the English did take an oath, Page  316that they should not discouer any practise, or counsel of their supe∣riors. But now (it seemeth) that custome is out of date. for no nation doth march with more noyce, or talke more willingly. Wherefore al∣though these matters may seeme trifling, yet experience sheweth what impediments they bring to our affaires. which caused mee in this place, seeing other meanes too weake to worke it: to forbid dis∣charging of pieces, firing of houses, making of noyse in the march without speciall direction; and also talking of secrete counsels of our gouernours at any time, and to wish that the same were by lawe enacted.

CHAP. XXI. part 3. Conteining lawes concerning the dueties of Captaines and soldiers yet more particularly.

1 ALl Captaines, souldiers, and others shall yeeld their obedience to the lawfull cōmandements of their superiours. Neither shall any lift his weapon against his commander correcting him, or others, for their offences orderly, vpon paine of death.

2 No Captaine nor officer of a companie shall depart the Campe, or garrison without licence, nor shall lodge or absent him∣selfe from his companie in time of seruice, or when the enemie is ready to charge, vpon paine of loosing his place. except those al∣wayes, that haue lawfull excuses of sickenesse, or hurtes, and haue appoynted sufficient deputies in their place.

3 All souldiers that wilfully absent themselues without lawfull cause from their colours, or companie, that goeth to charge, or re∣sist the enemie, deserue death.

4 No Captaine nor officer shall defraud the souldier or other person of his pay, that is committed to his handes to be deliuered vnto him vpon paine of losse of his place.

5 No Captaine nor other shall preferre, or subscribe to a false mostre rolle, or fraudulently giue in more, or other names, then he hath presently in his companie, vpon paine of imprisonment, and losse of his place.

6 No captaine, lieutenant, sergeant, nor other that ought to be armed, shall come into the field without their ordinary armes, vpon Page  317paine of two armors to be deducted out of their pay, the one to their owne vse, the other to some other of the company that wanteth.

7 No souldier, nor other shall goe into seruice without the word, and some other marke to be knowen by, from the enemy especially in night seruice, vpon paine of imprisonment.

8 No captaine, officer, nor other priuate gentleman in pay, shall intertaine any others souldier, or seruant, without consent, or lawfull dimission from his former captaine, or master, vpon paine of losse of a moneths pay. Neither shall any souldier, or seruant depart from his captaine, or master without lawfull cause, vpon paine of imprisonment, and returning againe of souldiers to their captaines, of seruants to their masters.

9 Captaines and officers of companies shall watch and ward with their colours, and companies, vpon paine of losse of a mo∣neths pay.

10 No man shal marche with the baggage but the companies appointed, neither shall any marche out of his aray, or straggle a∣broad, or goe on pilfering when he should marche, watch, or serue, vpon paine of imprisonment. Such are also by bastonataes to bee corrected by their officers, if they be taken in the maner.

11 No companies shall goe on foraging, or make any enter∣prise against the enemy vpon priuate motion, without the know∣ledge, and direction of their generall commanders.

12 No souldier shall sell, or pawne, or lend, or loose, or giue, or cast away, or play, or otherwise make away his horse, or armes, or weapons, or furniture wherewith he is appointed to serue: nor shall suffer his horse by his default to decay, or his armes to rust, or goe to spoile vpon paine of imprisonment, and infamie both to him that offendeth, and to his abettors, and aydors.

13 No priuate captaine shall giue Passe-port to his souldier that is able to serue vpō paine of losse of his place, neither shal any souldier in time of seruice depart without Passe-port vpon paine of death.

14 No souldier nor other being once placed in aray either in marching, or fighting shall depart thence, without lawfull cause. Whosoeuer either to runne to spoile, or to fly away, doth abandon his ensigne, or standing where he is rāged to serue, shal suffer death.

Page  31815 No souldier nor others shall vse any showting or crying, or without cause discharge a piece in marching, or embatteling, or ly∣ing in ambush, vpon paine of bastonataes presently to be inflicted by the officers vpon the offenders taken in the maner, of imprison∣ment afterward.

16 No man shall giue an alarme vnto the army marching, or lodging without iust cause, and that in quiet sort, nor shall any tu∣multuously runne nor cry vpon an alarme taken, vpon such penal∣tie, as the circumstance of the offence shall require.

17 He that by negligence, or grosse ignorance killeth his fel∣low with his piece, or other weapon, let him die the death.

18 No man shall challenge another, or defie him in campe, or garrison, nor accept the challenge vpon paine of imprisonment, and disarming before his company. Neither shall any offer an iniurie to his fellow to prouoke him to fight, nor shall others priuately re∣uenge it, vpon paine of imprisonment.

19 All braules, and quarrels betwixt fellowes, are to be pu∣nished seuerely. Whatsoeuer therefore hee is that in campe, or garrison killeth any man in any sudden braule, or challenge, ex∣cept hee bee thereto forced for his owne defence, or striketh his fellowe beeing placed in array ready to fight, let him suffer death for it.

20 No souldier nor other shal fraudulently, or the euishly take any thing from any mans person, or their lodging, house, or cabane vpon paine of death.

21 When any company of souldiers shalbe lodged in any vil∣lage, or passe through it, or by any dwelling house, or other belon∣ging to our friendes, they shall not hurt, nor iniurie the people in their persons, nor goods vpon paine of death, or other grieuous pu∣nishment according to the qualitie of their offence.

22 No man shall burne any corne, hay, or forrage, or destroy any prouision, or house, barne, or cornemill, or other building that may serue for the vse of the army vpon paine of death.

22 All murthers, periuries, forgeries forcing of women, or maydens, cosinages, or other disorders, whereby the army may any way receiue disgrace, or hurt, although not comprised in these lawes, shall bee punished by such penalties, as the ciuill lawes, or els common lawes of England enioyne in such cases.

Page  31924 No souldier nor other shall be mostered, or answere in two companies, or answere to two names in one company, nor shall a∣ny victualler, or other that is no souldier, passe in mosters for a souldier, vpon paine of death.

25 No souldier that hath victualles deliuered vnto him for cer∣teine dayes, shall spoile or spend the same in lesse time, then is ap∣pointed vpon paine of imprisonment.

Annotations vpon the former lawes.

1 [All captaines, souldiers &c.] Obedience is the bond that keepeth all in order, without which neither can our owne men be go∣uerned, nor the enemy discomfited. If (saithaPapyrius) the common souldier might neglect the commandement of his captaine, the captaine of his colonell, the colonell of his superior commanders; all military proceedings would fall out of order. ThebGenerall of the Romanes killed an ensigne-bearer that refused to auance him∣selfe forward among the enemies, as he was commanded. Some spared not their owne friendes, no, nor sonnes, neglecting their com∣mandements. This generall rule therefore is to be obserued strictly, and the offenders to be punished. Neither may they or others makecresistance against those officers that punish them for their offen∣ces. Yet on the other side, I doe not authorise rash braines to kill or hurt their souldiers. There is difference betweene correction and kil∣ling. By the orders of the Spaniards, he that killeth his souldier dis∣orderly, dieth for it. By commandements in this place, are not vn∣derstood euery captaines priuate pleasures, but orderly directions in time of seruice.

2 [No captaine nor officer &c.] No man may returne into his countrey without licence; but captaines least of all for example sake. For if this were lawfull, it were not possible to keepe an army toge∣ther. Such as stay frō their garrison, & are to seeke, when they should lead their company to the charge, giue iust occasion of this law.

3 [All souldiers &c.] These are next in degree to those that flie out of the field. For when they should fight, then like traitorous co∣wards they hide themselues; and therefore deserue equall punishment with those that flie.

4 [No captaine nor officer &c.] A farre greater fault it is, that souldiers seldome haue that pay, that their prince alloweth. But Page  320yet may not those capteines, & officers be excused, which of that which is comming to them, do cut off some part, and pinch them of the rest by diuers fraudes, and deuises. After thataCaesar had notice how Roscillus and AEgus, two captaines of horsemen, had defrauded their men of their pay, and taken from them their partes of the spoile, as soone as they perceiued it, fearing punishment, they fled to the enemy.

5 [No captaine nor other &c.] Many are the incommodities that come of false mosters. The prince is defrauded, the army weak∣ned, seruice neglected, opportunity giuen to the enemy. Neither is there any thing that in our times more dishonoreth captaines, and offi∣cers, then the suspicion had of some in this behalfe. The army of Iu∣lio the second, being in the mosterbrolles double the number that it was indeed, could doe nothing of those enterprises that were in∣tended. The abuse of mosters was the ruine ofcFrancis the first before Pauy. Guicciardine reporteth, that foure thousanddSuitzers were mostred, and payd for sixe thousand, and that Lansqueners seldome are halfe so many, as are conteined in the moster rolles; of which ensueth the spoile of princes without any effect done in ser∣uice. This abuse was not knowen in ancient time, which maketh me much woonder, that no man goeth about to remooue it: and more, that those that should reforme it, in some places doe suffer captaines to haue certeine dead payes, which is a meanes to mainteine it, and co∣uer it. To remedy this abuse, there are two meanes; first to allow captaines honourable maintenance, and to pay euery souldier by the poll, as theeRomanes did, and as the Spaniards doe, that haue their Pagadores, or Paymasters, for this purpose; the next is that the Generall cause all the army to be mostred at once, and all those that giue in false numbers, or commit any abuse heerein, to be punished most seuerely. By the lawes of France they suffer death.

[No captaine, lieutenant &c.] This law may percase to some seeme needlesse. for who would thinke, that any man woulde come into the field to fight without armes: but he that hath seene the disorder in warres in this point, and considered how many captaines, lieutenants, sergeants, which are the brauest men of their companies, do come without armes defensiue into the field, will acknowledge, I doubt not, that it is more then necessary to be thought vpon, and re∣dressed. As it is now, they onely leade men to fight, and when they Page  321come neere, conuey themselues out of the braule, letting their soul∣diers fight if they will. In time past, centurions, and their options, or lieutenants, were the first and principall men of their rankes, and the strength of the battel; and by the vantage of their armes preuailed against their enemies. Would not then so many braue captaines, lieutenants, and sergeants now adde a great strength to the armie, if they stoode in their rankes well armed: Now standing out of array, they serue for nothing, but for cyphres in the ioyning of the battell, vnlesse it be to giue euill example, and to trouble others. The Spani∣ardes at mosters pay none, but such as present themselues be∣fore their officers with their armes, and furniture. If then in mosters, armes are to be shewed; sure more requisit it is, that men should come armed into the field. For what reason hath he to reproue, and checke his souldiers for casting away, or loosing their armes, that hath no sufficient armes himselfe:

7 [No souldier, nor other, &c.] For want of sufficient markes, and cognisances, oft times souldiers of one side hurt their fellowes, especially where diuers nations serue together. This was the death of Ponsenac, & diuers braue men an. 1569. slaine by their fellowes in a skirmish in France, and is cause of many disorders. Diligently therefore is this point to be looked vnto, especially where the enemy, and wee speake both one language. Pompey himselfe for want of ready pronouncing the worde, had like to haue bin slaine of one of his owne souldiers, in the warres against Settorius in Spaine. For this cause ye Protestants in these late troubles in France, wore white cassakes, and the Dutch that came in their aide, scarfes of colours of their Generall.

8 [No captaine, officer, &c.] Of this cause proceede many qua∣rels among captaines, and diuers fraudes in mosters, and disobedi∣ence of souldiers to their superiors. Which cannot be auoided if offen∣ding one captaine, they may finde protection, & shelter vnder another. Therfore both ye receiuers, & they that are receiued, deserue to be pu∣nished. By the orders of the Spanish campe, the captaine looseth his place, the souldier is banished offending herein. Among ye Romanes such abuses were not vsuall. But if so be the souldier be euill intrea∣ted of his captaine, or the seruant by his master; then vpon proofe the lord marshall, or iudge marshal is to set order.

9 [Captaines, & officers of cōpanies &c.] For that ye souldiers Page  322are oft times charged while their captaines are absent, and therupon fly, or commit some other error, as men without gouernment: there∣fore area capteins & officers to watch with their companies, and to see that their soldiers depart not the place, nor there stay in disorder. They of thebgarison of Aenna could not haue escaped the dange∣rous practise of the townesmen against them, but by continuall watch day and night in armes. The Admirallccaused a certaine en∣signe to be hanged in the siege of Poytiers for that hee was found playing at cardes, while his company watched.

10 [No man shall march &c.] no man that hath care of his honor, or reputation, will be behind while his company is before: but because all are not of one mettall, and diuers regard not honor, to re∣medie the disorders in marching, this law is framed. Many inconue∣niences come of disorderly marching. the enemie hath opportunitie giuen him to charge vs: particulars that wander among the countrie people are either slaine, or taken.dScipio therefore did chastice such as he espied out of their rankes, with a Vine wand if they were Ro∣manes; with a cudgell, if they were other. Catoeriding among the ranks of his soldiers as they were marching, strooke those that were out of aray with his leading staffe, and commaunded the colonels and captains to chastise them. By greedinesse oftentimes of a litle spoile, while souldiers range out of order, an armie may be defeated. ThefSamnites bought dearelie the spoiles which they ranne after, being ouertaken by the Romanes in disorder. The Romanes there∣fore among other things when they were enrolled, did sweare that they would keepe their araie.

11 [No companie shall, &c.] Although companies do goe out with the Generals priuitie, and sufficient order be taken to second thē, and to fauour their retraite, yet many times doe some come short of home. What are then they to looke for, that goe foorth without direc∣tion or succour: that the body of the army be not weakened, & diuers good men lost by their own rashnesse, & that the enemie take not there∣by opportunitie to charge vs, let good direction be giuen, & al dangers be forecast. The Romansgin the siege of Veij, seeing many men lost by sudden skirmishes, betweene the towne and the campe, forbade their soldiers to fight any more without commandement.hPapyrius would haue executed the generall of his horse, for that hee fought contrary to his cōmandement, albeit he returned victorious, Man∣liusPage  323punished this disobedience, by the death of his owne sonne. TheaSpaniards neither make roade nor skirmish without direction of their superior commanders.

12 [No soldier shall sell &c.] To sell away, or to throw away their armesbwas capital to the Roman soldiers. AppiuscClaudius did behead those soldiers, that throwing downe their armes fledde from the enemie. Lycurgus among the Spartans made a lawe, that no man should turne home, that turned his backe to the enemie. And therfore did they banish Archilochus ye Poet out of their citie for that he affirmed, that it was better for a man to loose his armes, then his life. The Lacedaemonian women when they deliuered shields to their sonnesd going into the warres, exhorted them either to bring them backe againe, or to die valiantly vpon their shields. Epaminondas in the battell of Mantinea hauing receiued his deaths wound, asked if his shielde were safe. Chabrias when his ship was ready to sinke, and he might byeswimming haue saued himselfe, chose rather to die with his armes, then to saue himselfe without them. In our time few doe cary all armes into the field, & of those that do, few make con∣science to loose them. Yet did the Romanes carry beside their heauie armes both victuals, and certaine stakes, and thought it great disho∣nor to loose their armes. Very requisit therefore it were, that this law were put in practise. Further it is not sufficient to haue armes, vnlesse the same be well kept and seruiceable.fAurelian did enioyne his soldiers to keepe their armes whole, and neate. Aemiliusgrequi∣red no more of his souldiers, then that they should maintaine their bodies in strēgth, and their armes fit. ThehSpaniards haue at this day great care, that euery souldier haue all his armes, & them sound and fit for seruice, in which poynt whosoeuer offendeth, they draw him out of his ranke with shame.

13 [No priuat captaine &c.] long experience hath taught men now to haue more care in this poynt, then in time past, when any cap∣taines passeport was thought sufficient to dismisse his whole com∣pany. and great reason there is men shoulde looke vnto it. For while this was suffered, braue men were dismissed for some little mony, and weake persons receiued in their places, and the pay of diuers soldiers emboursed by the captaines, and the princesiseruice slackely perfourmed. Fuluiusk a Colonell of the Romans was ba∣nished his countrey, for that hee tooke vpon him without other au∣thoritie to dismisse a legion, whereof hee had the commaundemet. Page  324Caiusa Matienus for that he came from the armie in Spaine with∣out pasport, was beaten vnder a gibet, & sold for one piece of mo∣ney, to signifie vnto vs, yt such fugitiue rascals are of no more value. While in the ciuill stirres in France euery souldier came, & went at pleasure, & in the seruice in Flanders, and France, there hath not bin that order herein, yt was requisite; neither they in France, nor others could at any time assure themselues of their number, or strength.

14 [No souldier nor other &c.] Among souldiers there can be no greater fault, then to forsake their ensignes & standing, & so to run out of ye field. Be it for feare, or spoile, the same is grieuously to be pu∣nished.b Appius beheaded the ensigne bearers, & centurions, that fled away frō their ensignes. To those companies that fled and lost their ensignes in a certeine encoūter with Annibal,c Marcellus gaue nothing but barly to eate, the centuriōs he caused to stād with their garments loose, and swords drawen, which among their souldiers, was a great shame. Caesar did put certaine ensigne bearer frō theird places, for that they lost their groūd, in a certaine encounter with Pompey at Dyrrhachiū. Crassuse causing his souldiers that fled, to cast lots, put euery tenth man to death, which Antony did likewise execute vpō his souldiers flying frō the Parthiās. Antonius Primus,f one of Vespasians captaines, seeing an ensigne bearer turne his backe, stroke him through with a iauelin. In this case Clearchus would haue souldiers to feare their captaines, more then the enemie.

The fault of those yt runne to spoile, is not much lesse, then of those that runne away. While those that pursued the enemie turned aside to spoile, the French were ouerthrowen at Guinguast, the Italiās atg Taro, and theh Samnites in a certaine encounter by the Romanes, that turning head vpon the victors, tooke the victorie out of their hands.i Caesar hauing ouerthrowen Pompey in open field, prayed his souldiers that they would not so set their mindes on spoile, that they would omit the occasion to atchieue the victorie, and perfite other matters. The Romanes what with reward, what with seueri∣tie, wrought so much in the mindes of their souldiers, saithk Salust, that they were more often punished for fighting without cōman∣dement, then for flying away, or forsaking their ensignes. The La∣cedemonians banished such cowardly persons. Aristotle, no souldier, but a Philosopher,l holdeth it a dishonorable thing for a souldier to flie, or to cast away his armes. A certaine souldier of Caesar, albeit Page  325he had vanquished his enemy, yet craued pardon, for that he was dri∣uen to forsake his shield.

15 [No souldiers nor others &c.] the cries, tumult, and running vp and downe of disorderly persons do much discourage yong souldi∣ers, anda hinder them that they cannot heare the commandements of their leaders, and therefore are diligently to be auoyded.

b Aemilius perceiuing the diuers inconueniences that grew here∣of gaue all his directions to the colonels, and they to the first man of the legion, and he to the Centurions, and euery one to his fellow secretly, and quietly. Among thec Spaniards no man may cry out, nor speake loud, either marching, or embattelled in squadrons. The punishment of the offence among them is shame, and infamy. Onelie at the ioyning of the battel, it is not only lawful, but also profitable to beginne with a great noise. Of which, as it was greater, or lesser: some haue gathered ad presage either of losse, or victorie.

16 [No man shall giue an alarme &c.] False alarmes disquiet the army very much, and often trouble those that ought to rest. And therfore doth the enemy oftentimes suborne some to keep our men in continuall alarme, that more easily he may preuaile against vs being tyred and ouerwatched. Those difficulties therefore which the ene∣mie casteth in our way, let vs note increase by our vnskilfulnes, & let vs in our watches and discoueries keepe good order: and the ra∣ther, for that lodging for the most part without strong defence, and marching without diligent discouery, wee lie open to many surpri∣ses, and sodaine attempts of the enemy. The penaltie is arbitrarie, and may be more or lesse, according to the qualitie of the offence. Yet in auoyding the excesse, we must take heede that we runne not into the defect; and so for want of warning be taken vnprouided.

17. [He that by negligence &c.] If this did not fall out too of∣ten amōg our yong souldiers, that either for want of skill, or through feare not looking before them do kill, & hurt their fellowes, this law might seeme needles. But as now it is, I would thinke this law very profitable, if by this prouiso the souldiers might be made more wary. By the same not only those that hurt others negligently, but also, & much more they that hurt their felows maliciously are to be punished.

18 [No man shall challenge &c.]fThe Romanes contended a∣mong themselues rather who should kill most enemies, then who could ouercome most of their fellowes.g Those that stroke their Page  326fellowes with their sword died for it, those that threwe stones at them, were displaced with shame. And therefore did seldome anie quarrell or braule arise among companions. Among vs nothing is more common, neither will any law serue to restraine such disorders. Yet do I not doubt, but if these lawes whereby not onely the origi∣nal, that is, iniurious wordes and deedes, but also the meanes, that is, challenges and acceptance of challenges is taken away, were exe∣cuted, and braulers punished, that these faults would be lesse com∣mon. In experience wee finde that these spadassines, and common quarellers prooue not most resolute souldiers. Many inconuenien∣ces come of these quarels. For not onely braue men are often lost, but also the common cause hindred by them. The quarrels betwixt cap∣taines and gentlemen in Tifauges Anno. 1569. caused diuers to de∣part malecontent, of which the enemy hauing notice tooke the towne disfurnished of souldiers. Thea Spaniards therefore doe ex∣presly forbid all cartels, iniurious wordes, and braules vpon great penalties, both in their armies, and garrisons.

20 & 21 [No souldier nor other shal fraudulently &c.] Those that know what necessities poore souldiers are driuen vnto, cannot chuse but pity their estate that contrary to orders of law are forced to shift. Yet for the necessitie of some, the disorder of others, that as they stole at home, so steale abroad, may not passe vnpunished.b Aurelian the emperor would not suffer his souldiers to take so much as a pul∣let, or oile, or salt, or wood from the country people. Forc souldiers, saith he, ought to enrich themselues with the spoiles of the enemie not with teares of the people, that are friends.d Tiberius caused one of his gard to be put to death for taking a peacocke out of a mans yard.e Aufidius Cassius punished rapine, and theft most ex∣tremely. Of the Turke it is reported, that he put one of his souldiers to death for taking away a poore womans milke.f Modestinus iud∣ged him worthy of death that stole his fellows armes. To restraine this disorder the Romane souldiers when they were first inrolled did sweare that they would bring to ye general, or his deputy, whatsoeuer they should take vp. Onely certaine trifling things were excepted. Caesar setting gardes at the gates of the city ofg Leptis, that yeelded to him, kept his souldiers out, for feare they should spoile the inhabi∣tants. The Romanes most seuerely punishedh Pleminius, and others that spoiled the towne of Locri wherein they lay in garrison. And Page  327put to death al that legion that driuing out the townsmē seized Rhe∣gium to their owne vse. The Spaniards doe diligentlya forbid such filcheries. In summe, the ancient orders of warre require, that not only souldiers, and others within the campe or garrison, possesse their armes, and goods in peace, but also that our associats, and friends be kept from spoyle.

22 [No man shall burne &c.] Many things may be found in the enemies countrey, which might greatly benefit the army, if they could be saued from the wanton spoyle of the souldier. Wherefore that souldiers fall not into needlesse wants through their owne de∣fault; let this law among others be diligently executed.

23 [All murders &c.] Such offences as by ciuil lawes are pu∣nished at home, ought to haue like punishment abroad. Yet must the Iudges and Officers that dealt herein, proceede with great discreti∣on. For small matters in time of peace, as neglecting of the watch, and disobedience against Officers, are seuerely punished in time of warres: and contrariwise great matters in time of peace, are for some euident cause neglected in warres. Fauour, and allianceb haue liew in choyce of Officers in peaceable gouernment: but in warres they that make not choyce of worthy men, worthily repent themselues. Againe in time of peace proceeding is flow, and formes are obserued: but in proceeding in martiall causes neither formalities, nor delayes are admitted. Prouided alwayes, that in cutting off formalities, and delayes iniustice be not done.

24 [No souldier nor other &c.] The fift lawe of this Chapter concerneth Captains and Officers, this is proper to souldiers and such as passe for souldiers. Both are litle ynough to redresse disor∣ders, and if there were diuers other lawes made to the same purpose, yet were it good if all could remedy the inconueniences that follow false and fraudulent dealing in mosters.

25 [No souldier that hath &c.] Military discipline is so farre growne out of vse, that men are constreined, by expresse lawes to pre∣scribe many particular matters, which otherwise might seeme either trifling or needeles. And among other things as you see, that souldi∣ers dispence and spend their victuals moderatly, or rather sparingly. for he that betime spareth not, very timely shall want.

Page  228

CHAP. XXI. Part. 4. Wherein orders especially concerning the campe, or towne of gar∣rison are conteined.

1 WHosoeuer shall deale fraudulently, or negli∣gently in such matters, as are by his Camerada committed to his trust or gouernment, let him haue punishemnt according to his offence, and make double restitution out of his pay.

2 All manner of persons within the campe or garrison, after the watch is set, shall repaire to their quarter, and there vse silence, that euery man may rest. All straglers and tumul∣tuous persons, that are taken abroad after that time, shalbe cōmitted to prison, and there abide vntill their cause be examined by the of∣ficers of iustice, & order taken for their punishment, or dismissing.

3 No man in campe (or garrison in time of warre) shall lodge out of his quarter, or delay to repaire thither vpon an alarme giuen, vpon paine of imprisonment.

4 No souldier nor other shall receiue any stranger into his ca∣bine, or lodging vpon paine of imprisonment, nor shall harbour any spye, or messenger from the enemie, vpon paine of death.

5 No manner of person shall passe in, or out of the campe, or towne of garrison any other, then the ordinary wayes, vpon payne of death.

6 Women, and boyes, and such as do idlely follow the souldi∣ers, not being enterteined in pay, as much as may be, are to bee ba∣nished the campe.

7 No captaine, souldier, nor other person, in time of necessitie, and for defence of himselfe and the armie, or garrison shal refuse to worke with mattocke, spade, basket, or other instrument, vpon pain of imprisonment.

8 No souldier appointed to stand sentinell, shall depart from the place, or sleepe in the place, vpon paine of death, nor shall sitte downe vpon paine of imprisonment.

9 For keeping the campe cleane, and mainteining of mens health, some places shalbe assigned for the slaughter of beasts, & o∣thers for other necessities at the outsides of the campe, or towne of garrison, out of which places it shall not be permitted to anie to kill beastes, or doe other offices vpon paine of imprisonment. Euery Page  327Colonel, and Captaine shall looke to the cleansing of his quarter euery third day, vpon paine of losse of a months pay; and shall cause such as cast out any garbage, or filth, and bury it not, to bee imprisoned.

10 No man shall spoile, or hurt any victualler or other person comming with prouision for the army, or any marchant that brin∣geth necessary commodities to the campe, nor shall breake open any shop, or steale any thing out of any tent, or caban, or house, vpon paine of death.

11 No man shall buy, or sell any victuals, but in the place ap∣pointed for the market, nor vntil such time as the same be reasona∣bly rated by the officers appointed, nor aboue that price that is rea∣sonably set, vpon paine of forfeiture of such victualles so bought, or solde, or the value thereof, and also imprisonment.

12 No souldier nor other shall breake down or burne any house that may serue for lodging of the company, nor shall trouble or de∣file any spring, or streame of water, that is to be vsed for the seruice of the army, vpon paine of imprisonment.

Annotations for the better vnderstanding of the former lawes.

1 [Whosoeuer shal deale &c.] Many are the commodities that proceede of camarades:a Souldiers do liue better, and cheaper in camarada then otherwise: they are linked in more strait bonds of friendship one with another: if any be sicke or hurt, his camarada taketh care of him. When they are ranged together, one doth more willingly succor another. For which cause it were to be wished, that as it is among the Spaniards, very commonly, so among vs our companies were diuided into camaradaes, and that such as violate the lawes of societi should be sharpely punished.

2 [All maner of persons &c.] The cries and disorders of some lewd persons that take no delight but in their owne lewdnesse, and disorder giueth occasion of this law sufficient. And all litle enough to stop their mouths, and procure others rest. In the Romane army there was in time past great quietnesse in the night: and now the Turkes after the watch set vse great silence. The wandring vp and down of souldiers, and others after that time doth couer spies: which if euery man resort to his quarter, cannot long lie hidden.

Page  3283 & 4 [No man in camp &c.] While men lodge out of order, it is hard to bring them ina the night into any order. Besides this inconuenience, while souldiers lodge out of their quarter, the same falleth out to be vnfurnished oftentimes, if the enemy should then chance to assault it, and espials cannot be discouered, nor the dangers of secret meetings auoyded. For which cause order is to be giuen, that all do lodge in their owne quarter, and giue notice to their su∣periors, if any stranger, or suspected person lodge there.

5 [No maner of person &c.] While this is neglected, the way is made easie vp to the rampire, gardes and sentinels are abused, and espials passe in and out, and are not espied. For this cause the Ro∣mans didb punish this disorder with death.

6 [Women, and boyes &c.] Infinite abuses come into the campe by these meanes. Victuals are consumed, disorder increased. And therefore as Scipio purged his campe at Numantia of all super∣fluous persons, so allowing boyes to captaines and certaine officers, the rest are to be banished as much as may be.

7 [No captaine or souldier &c.] The stubburnnesse of some, and daintinesse of others, that either refuse to worke, or thinke it not belonging to the profession of a souldier to worke, hath giuen but too iust cause of this law; which is therfore set downe, that euery man not hindred with hurts, & sicknes may know ye it is the duty of a souldier no lesse to worke with a spade in trenches, thē to fight with the sword in the open field. The Romans, as before I haue shewed, generally set hand to the worke: which made them victorious oftentimes with∣out setting hand to the sword.c Cyrus and al his nobilitie set hands to worke, and holpe forward the cariages that were often myred, as his army marched ouer certain moores, notwithstanding the Per∣sian pride and brauery. But since our souldiers beganne to put such brauery in their silkes, it is no maruel if they haue made difficulty to mire themselues. For nothing is more contrary to silkes then mire. Yet do not the Spaniards that thinke themselues as braue as the best, thinke themselues by these labours any whit disgraced.

8 [No souldier appointed &c.] The safette of the campe, and garrison is oft reposed in the diligence of the sentinell, by whose watchfulnes others rest assured. The more seuerely therefore ought his negligence to be punished. The Romanes in time past, as before I haue shewed, and now thed Spaniards doe punish this fault with Page  329death. Paulus Aemilius to auoyd the sleeping of sentinels, ordered, yt they should stand, or walke, which others likewise do now practise.

9 [For keeping the camp &c.] There cannot be too much dili∣gence vsed in this behalf. The incōmodities that come of infection of the aire, occasioned by ye filthines of the place, are so many: & the thing so loathsome. Thea Spaniards therfore in effect decree as much as we, but they obserue it far better. The Romans without law procee∣ded herein very carefully, by reason of their continuall experience.

10 11 & 12 [No man shal spoile or hurt &c.] The ancient orders of the Romanes, that carried victuals with them sufficient for their company, being out of practise, and the prouision of the armie being made now from day to day by victuallers, that for gaine folow the campe: it standeth the Generall vpon to see that they may safely come and go: and that victualles may be prouided and saued. The army of the Prince ofb Orenge that besieged Florence, had like to haue bin famished by the disorder of three or foure lewd persons, that spoiled the marchants, & victuallers that came, and went from the campe; no sooner were they hanged, but the army had al things for their mony plentifully. By the lawes of thec Spanish gouerne∣ment, such spoilers are seuerely punished, and victuals both well sa∣ued, and reasonably rated. Neither are victuals onely to be looked vnto, but also corne-mils, and houses, and granges, that may serue for the vse of the army: streames of water are to be kept cleane, not onely for the vse of men, but of cattell also.

These lawes being wel obserued, and prouision made not only of victuals, & things necessary for the whole, but also of phisick & places of ease for the sick, & hurt, I would wel hope, that matters would pro∣ceed in better order among souldiers, thē they haue done heretofore.

CHAP. XXI. Part. 5. Wherein a forme of lawes especially concerning sea causes, and ships go∣ing in publike seruice of the Prince is prescribed.

1THe ordinary practise and laws of warre concerning religion, and the state, & also concerning obedience, and peaceable conuersation betwixt fellows, which haue course in seruice at land, shal be obserued like∣wise at sea, respect being alwayes had to the diuers circumstances, which are diuers in either.

Page  3302 The execution of iustice at sea appertaineth to the Generall, or chiefe captaine with his counsell: if a ship be seuered from the rest of the company, then the punishment of faults that may not be differred belongeth to the captaine with the aduise of the most ap∣parent men in the ship. Prouided that no execution be done at sea contrary to the lawes of armes, nor that such as offend and escape at sea, do escape at land also, especially where the fault is heinous. For which cause those that haue iurisdiction at sea, are to haue their iu∣risdiction cōtinued at land, vntil such time, as offences be punished.

3 No ship shall go foorth vpon publike seruice without suffi∣cient ordonance, armes, souldiers, mariners, munition, victualles, surgeons and other necessary furniture.

4 No man shall sell away the armes, tacle, artillerie, victualles, or munitions belonging to the ship vpon paine of death.

5 Whatsoeuer ship hauing directions to come to a place cer∣taine, shall not keepe course if it be possible, nor come thither so soone as the winde wil serue, the captaine, and master, and those that are in fault shal suffer death for it.

6 Whosoeuer shall motion to do contrary to the Generals di∣rection, so long as there is possibilitie, or meanes to folow it; shall suffer imprisonment for the same: and if he persuade the company, so that the ship goeth another way, both he and those that willing∣ly yeeld to him shal suffer death for their disobedience.

7 Whatsoeuer captaine or other doth boord a ship of the ene∣mies without direction, or reasonable cause, or when commande∣ment is giuen, or a signe made of fight, doth see a ship boarded vp∣on one side, and doth not if he be able board her on the other side, or at least do what hurt he can to the said shippe, shall be dismissed from his charge, and suffer such further punishment, as the General shal thinke meete.

8 Euery particular person shal execute his charge imposed vpō him in the ship where he is placed, vpon paine of imprisonment.

9 No souldier nor other whē the enemy attempteth to board our ship, shal abandon his standing vpon paine of death.

10 No souldier nor other appointed to board the enemies ship seeing his fellowes entred, shal draw backe, or resuse to folowe in his turne, and order vpon paine of death.

11 No man shal breake open his fellowes, or others caban, or Page  331coffer, nor shal take any thing thence, or from their persons, or hide any thing that is not his, vpon paine of death.

12 He that neglecteth his watch, or sleepeth leauing a candle or match light, or any fire in any place and putteth it not out, shall be put into the bilbowes, and haue further punishment as the of∣fence shall deserue.

13 When a ship shall be taken, then shal the spoile be brought to persons deputed by the Generall or Captaine. And whosoeuer shal hide any thing of valew from their knowledge, shal not onely loose the same, but his share of the rest also.

Notes vpon the former lawes.

1 [The ordinary practice &c.] How many voyages haue bin broken of late time for want of gouernement, euery one that is ac∣quainted with sea causes, that haue passed of late, vnderstandeth. No∣thing therefore is more requisit, then that such as go in those seruices that hereafter shalbe attempted, should haue both authority to do iu∣stice, & a forme of proceeding set before them. For this cause I haue made this light, and as it were first draught, that men of wisedome & experience seeing what is wanting therein, may adde more, and bring the same to more perfection. Those lawes that concerne treacheries against the prince and state, or against the Generall, or else concerne mutinies, disobedience, braules, murders, or else are common in ser∣uice at land, and sea, I haue not here set downe, for auoyding vnne∣cessary repetitions. Yet are they no lesse necessary at sea, then at land. And therefore let them be borrowed thence, that no militarie disorder, nor other offence escape vnpunished.

2 [The execution of iustice &c.] The want of this considera∣tion, hath bin cause that many notorious treasons and villenies haue escaped without punishmēt. I wil not name particulars, for that my meaning is rather to prouide against future disorders, then to haue the sword drawne for matters forepassed. Onely let there bee heere∣after care, that such as go to sea may be furnished with authoritie to do iustice, & that rules be set downe, that they may know what to doe.

3 [No ship shal &c.] The Admirall of France in time of peace at home hath speciall care of this matter. In ciuill warres all things are in garboile. He putteth into men of war, the tenth man, Page  332and is at a tenth of the charge, and deserueth a tenth of thea prise. Which many do wonder how in our daies certaine officers contra∣rie to all custome do come to challenge, especially in goods taken by reprisall. Where if law might take place, neither the taker, nor other ought to haue more then hath beene taken from him in forraine countries. But if men will needes haue a tenth, yet let them haue a tenth of the care that ships may go foorth well furnished, that they be not lost, and the land disfurnished in time of seruice.

4 [No man shall sell &c.] Euery gunner, and petite officer in the Queenes ships can tell the mysterie of this law. I woulde it were so wel knowne how we might meete with their filcheries. The best means is to looke to matters narrowly, and to punish such com∣panions as offend, seuerely.

5 [Whatsoeuer ship &c.] As at land, so at sea, if colonels, cap∣taines, and masters do not execute the Generalles commaundement: there can be no performance of seruice. If ships may straggle from ye company, and go on pilfering, or vpon euery light occasion returne, and leaue their Generall at sea, or if priuat men may take vpon them to dissuade men from doing that, which the Generall hath comman∣ded, and all this without feare of punishment, as hath bene doone in some countries, but too much heretofore in voyages at sea: there can be no better hope of successe, then hath beene had heretofore.

6 [Whatsoeuer captaine &c.] This law hath two parts: the first is against such as attempt matters without direction, by which meanes, they either endanger themselues going single, or else breake the general purpose of the action: the second is against cowards and traitors, that looke on while their fellowes fight: against which no punishment can be deuised sufficient.b Metius Suffetius was drawne in peeces by force of horses, for that while Tullus Hostilius en∣countred with the enemy, it pleased him to stand by, and giue aime. And not much lesse punishment had Laetus one of the captaines ofc Seuerus his army; for that while the rest fought, he caused his men to make alta.d Amminian Marcellin reporteth, that certaine horse∣men of the Romanes were disarmed, & had their horses takē from them, and were driuen to serue with the baggaglioes of the camp, for that they retired when their fellows went to charge the enemy. The like reason is in fight at sea. For if whē one ship entreth ye battel, the rest do not second her, or if when one ship is charged, the rest come Page  333not to succor: there is no hope, yt any great seruice can be done at sea.

The lawes of this section that folow are plaine enough of them∣selues, and most of them like to those that are ordained for good ser∣uice at land; and therfore I purpose not to spend words in explaning that, whose reasons euery man may easily conceiue of himselfe.

CHAP. XXI. Part. 6. Wherein there is conteined certaine orders concerning aduētures at sea.

1 WHere men do aduenture at sea vpon their owne charge, there the prises taken are to be diuided into three parts, whereof the first belongeth to the ship and captaine, the second to the victual∣lers, the third to the souldiers and marriners, (Some allot a third part to the ship alone, but there seemeth therein to be no iust proportion.) If by reason of the charge otherwise then is ordinary bestowed, other agreement bee made, the same is to be obserued and kept.

2 Where two or more do ioyne in consort, the diuision of the prize shal be made according to the composition that is made a∣mong them: if none be made according to the greatnes and good∣nes of the ships and furniture: prouided alwayes, that where a ship is forced, those that first boord her, and doe most valiantly, be first rewarded, and their hurtes, and losses repaired at the common charge.

3 Al aduenturers that ioyne in consort, and submit themselues to one mans gouernement or to more, shall to them yeelde obe∣dience, and of them receiue iustice according to the laws of armes, and customes of sea gouernement.

CHAP. XXI. Part. 7. Wherein an order is set downe concerning the officers of the army or na∣uy, or that haue charge to make any prouision for either.

1 WHatsoeuer commissary, or officer appointed for leuy, or muster of souldiers, or prouision of vi∣ctuals, munition, armes, weapons, cariages, ships, or other matter, doth deale therein fraudulently, Page  334or negligently, let him be imprisoned, & fined, and make satisfacti∣on; and if the crime deserue it, let him suffer death for it.

Annotations vpon this last law.

The ancient Captaines of the Romans as in skil and experience in warres: so in care also and labour farre excelled the men of our times. And therefore neither had they, nor needed they so many lieu∣tenants, and petit officers, as now are vsed, to beare together with them the seueral parts of their charge. Themselues saw their soul∣diers leuied, mostered, exercised, payd, lodged, prouided of armes, and victuals, and other necessaries, and had seldome any commissioners for leuies of men, and neuer any moster-masters, nor sergeant maior, nor special officers of iustice, nor quartermaster, nor trenchmaster, nor scoutmaster, nor commissaries for prouision of armes, nor victualles, nor such matters. For the pay of the souldiers, & sauing of the spoile they vsed aa treasurer. The tribunes or colonels did execute the office of the campmaster, and sergeant maior. The Generalles themselues with their counsell did ouersee the workes of the souldiers in their mines, bankes, trenches, and other military labours. Now the ge∣neral care of al matters belongeth to the Generall. But to assist him seuerall men are deputed to euery seuerall charge. Who if they be∣haue themselues fraudulently or negligently, his generall care auai∣leth him nothing. Great care therfore ought the to haue, that his offi∣cers be not onely loyall, but also carefull and sufficient to discharge that office, that is imposed vpon them. If they be not such; that hee see them not onely remoued, but also punished according to their de∣serts. For if souldiers be not leuied in time, or els if sufficient men be dismissed for money, & the summe of the people put in for souldiers, or if yong souldiers be not trained and fashioned by light skirmishes, or if yt souldiers be famished or not furnished, or haue not their armes or victuals in order, or that military orders be not obserued, or soul∣diers vnpaid or vnprouided for by fraud, or the country ransomed by Captaines, and quartermasters, or the honour of the Prince solde for mony, or other abuse cōmitted, & finally if those that deale in these of∣fices may do what they list without punishmēt, or controlmēt, what∣soeuer labour and paines is taken otherwise, yet is it to no purpose.

Amōg the Romans those that dealt in publike charges, were very sufficient men for the most part, and dealt therein loyally. But if at Page  335any time they did otherwise, they were most seuerely punished. L.aScipio and his Officers were condemned, & fined for ransack∣ing the friends and associates of the Romans in Asia. Aquilius hard∣ly escaped condemnation for his concussions & exactions in Spaine, and Sicile. Against the exactions, and fraudes of Officers, they fra∣med diuers lawes, whereby they not only punishedbthe offenders, but caused restitution, and reparation of damages to be made. Hee that by occasion ofcpassing his army by any city, or countrey ex∣torted any thing, was bound to restore double. The examples of those that tooke money for redemption of lodging, and passing of souldiers are rare. Tacitus dothdmention it in one Fabius Valens, as a notorious and singuler griedines, and filthy kind of gaine. That e∣quallity might be therin obserued, Arcadius &eHonorius, decreed that no souldier lodging in any mans house should haue more, then one third part therof, the rest to remaine to the owner, & his fami∣ly. No souldier by the orders of the Romans might exact so much as salt, light, or vineger, of those where he lodged. The lawes of France vpon paine of death forbid theirffurriers or quartermasters to take any money of any, either for lodging, or for sparing them for lodging.

By the law Iulia made against exactionsgof Officers, hee was banished, and condemned to make restitution, that either for choo∣sing or dismissing of souldiers receiued mony. Cassius caused a re∣uolt in Spaine by reason of the peoples discontentment. For that hehexacted mony of such, as would not go with him into Afrike, whi∣ther he pretended a voyage, that rich men being inrolled might re∣deeme them selues with great summes of mony. Of which abuse Caesar had no sooner vnderstanding, but he gaue order for to dis∣place him.

The Romanes condemned those Colonels, Captains,iand Offi∣cers, that brought in false moster rolles, or inter cepted the pay of souldiers to pay foure folde, and to loose their places. By the consti∣tutions of France such as deale inkmosters fraudulently, whether they be Officers or others, are condemned to dye: and yet all this is not sufficient to restreine the vnlawfull shiftes, and practices that are therein vsed.

The like seuerity did the Romanes vse against them that dealt fraudulently in any other military charge. M. Posthumius and otherPage  336amarchants for deceit vsed in prouision of victuals, and other neces∣saries for the army in Spaine, and for giuing in false accompts, and pretence of losse, where in deede they lost nothing, were banished the citie of Rome, and all their goods confiscate. But what should I neede to shew their iustice against fraude and deceit, when they v∣sed to punish and dismisse those, that were negligent in their charge? Caesar disarmed, and dismissedbAuienus, for that in a ship wherein he should haue transported souldiers into Afrike, hee put nothing but his owne priuate seruants, and goods. And for that diuers of his men, and ships were intercepted, and taken by the enemy, as they passed into Afrike, heecdismissed his Admirall, and others, and put them from their charge. For by their negligence hee receiued that great losse.

If then the Romanes when these offences were yet new, and rare, for repressing them vsed great diligence and seuerity: howe much more ought Princes to vse iustice, and seuerity herein, when scarce any punishment, vnles it be very peremptory, can restrein mens grie∣dy and vnsatiable desires? the principall cause of the neglect of mi∣litary discipline proceedeth from fraude, negligence, and insufficien∣cy of Officers. He therefore that desireth to bring things into order, must begin with reformation of Officers, who both first brought in, and since haue continued many disorders, in the proceeding and practice of armes.

CHAP. XXI. Part. 8. Comprising orders concerning booties, spoyles, and prisoners taken in warres.

1 AFter that the enemy is driuen out of the field, or the fortresse or towne besieged is entred, yet shall no man leaue his ranke, or ensigne to runne to spoyle before licence, or a signe giuen vpon paine of death.

2 Whatsoeuer aduenturers that serue vpon their owne charge, and are not enrol∣led in companies that receiue pay of the Prince or State, shal winne from the enemy by their owne labour: that shall they haue diui∣ded among them selues, except a fift part that goeth to the Prince. If they ioyne with other companies in consort; then shall there be Page  337a proportion made of the spoyle according the number of aduen∣turers, and other souldiers. Prouided alwayes that no aduenturers attempt any enterprise without direction from the Generall, or lord Martiall.

3 All spoyles taken from the enemy belong to the Prince, or State, that payeth the army. And therefore whatsoeuer any souldier shall take or finde, being in value aboue ten shillings, the same is to be brought to the Generall, or his deputy vpon paine of imprison∣ment, and losse of the double value of the thing concealed. By this meanes the Generall may reward the most valiant & forward soul∣diers, & haue wherewith to make payment of the souldiers wages.

4 Euery man shall haue liberty to ransome his prisoner taken in warres at his owne pleasure. But if once he compound with his prisoner, that composition shall stand, if it be made without fraude. Also if the prisoner be a Prince, or great man, then the Generall is to haue the prisoner to make what commodity hee can of him for the benefit of his Prince and countrey; allowing to the taker either the valew of the prisoner, or an honorable reward.

Annotations vpon the former lawes.

1 [After that the enemy &c.] This hath bene already enacted in former lawes in other termes. Yet when I consider the disorders herein committed, and griedines of souldiers; I thought good more specially to prohibit their disorderly running to spoyle: of which I haue by diuers examples shewed the inconueniences.aCharles Duke of Burgundy hauing in the taking of Liege made procla∣mation against breaking of Churches, killed a certaine souldier with his owne hands, for that he tooke him in the manner doing contrary to his commandement.

2 [Whatsoeuer aduenturers &c.] This is to be vnderstoode of companies of aduenturers, not of euery single person, that shal folow the army vpon hope of spoyle: likewise of spoiles taken only by their owne prowes, and not of spoyles, which the enemy forsaketh for feare of the army. Such aduenturers we haue few in our warres, & there∣fore I say the lesse of them: yet because good it were they should be there, somewhat I thought good to say of them.

3 [Al spoyles taken &c.] Nothing is more equal, nor profitable either for ye Prince, or the souldier, then yt the spoyle be brought to the Page  338Generall. For by that meanes the Prince may be eased of some part of his charge, and the souldiers the better payde & rewarded. Contra∣riwise nothing is more vnreasonable, thē that those yt do least, should haue most, & those that do most, should haue nothing, as it falleth out when the sack of a towne is giuen to the souldiers. For a coward that entreth the last, may percase light vpon the greatest spoyle, while those that first entred can not stirre for their hurtes. Therefore did the Romanes bring all the spoyle to the Generall for the most part; andaMoses hauing vanquished the Midianites, after hee had the spoyle brought to him; diuided it among all the souldiers. Neither doeth any reason permit, but that those that watch, and fight should haue as good part, as straglers that runne to spoyle. And to permit all to goe to spoyle together were to yeelde the victory to the enemy. How hard therfore so euer it seeme to keep the souldiers from spoyle; yet doe I thinke they might easily be perswaded, if they were well dealt withall. and albeit it were a hard poynt; yet must Captaines endeuour to obteine it.

4 [Euery man shall haue &c.] It is an inhumane, and hard part to massacre such as yeelde them selues, and throwe downe their wea∣pons confessing them selues vanquished, and flying to our mercy. The Lacedaemonians in the first beginning of the Peloponnesian warre, killed as many Athenians as they caught, which the Atheni∣ans likewise practiced vpon the Lacedaemonians, to requite them: but in the end, saithbThucidides, this truelty displeased them both. The Spaniards in the beginning of their warres in the Low coun∣treys killed cruelly as many as they tooke: but when they saw them selues to be dealt withall in like sort, they repented, and perceiued that such sauage cruelty is contrary to the nature of faire warres. but if it be inhumanity to kill him, that yeeldeth, much more is it for men to kill those in colde blood, whome they haue promised to saue. Who doeth not detest the cruell slaughter of the Prince of Condè after he was taken at Bassac, and of those Gentlemen that then were taken prisoners, & stayne three dayes after in the Generals lodging? Prisoners therefore let them be saued, if it may be, and that composi∣tion that is made with them for their ransome, let it be performed.

Page  339

CHAP. XXI. Part 9. Wherein certaine orders are conteined concerning the execution of Lawes and administration of iustice.

1 THat the auctours of disorders may be detected and punishment awarded accordingly, it shalbe lawfull for the iudge Marshall, or others that haue commission from the Generall, or lorde Martiall to do iustice, to enquire of the auctours, and circumstances of offences committed, by the othes of such, and so many as they thinke conuenient, and shal further vse all meanes for examination, and triall of persons accu∣sed, dilated, suspected, or defamed.

2 All causes and controuersies arising betweene Captaines, and souldiers or others within the campe, or townes of garrison, shalbe heard and discussed summarily, and execution done accor∣ding to military lawes without appeale or relation, vnlesse ye great∣nes of the cause, or other circumstance require stay, or deliberation.

3 If any Captaine, Gentleman, or souldier declare or make his testament, or last will of goods he hath in campe, or fortresse, or which he hath gotten in seruice, the same shall be enrolled in the iudge Martials office, and executed by those that are named exe∣cutors: if no will be made, then shall his goods descend to his next kinred, or wife if he haue any. If he haue none, or if none come to demaund his goods, within one yeere: then shall his goods be be∣stowed on the poore souldiers of the regiment, or company, the di∣uision being made by two or three deputed to administer them.

4 The Prouost Martiall shal see all iudgements, sentences, and commandements of the General, high Martiall, or iudge Martiall put in execution.

5 Euery souldier, and other person shall assist the Prouost Mar∣tiall, and his Officers apprehending of malefactors, and executing of iustice, vpon paine of imprisonment, neither shall any rescue a prisoner taken, or to be taken for any capitall crime, vpon payne of death.

6 No man shall interrupt or trouble the iudge Martiall or Of∣ficers of iustice, doing their office, but vpon request made shall be ready to assist them vpon paine of imprisonment.

Page  3407 No gaoler nor prison keeper shall refuse to keepe a prisoner committed to his charge, or dismisse him being once receiued with∣out warrant, vpon like paine as hee should haue suffered, that is so dismissed▪ or suffered to escape.

8 Wheresoeuer there is not speciall order set downe in lawes already written, and published, there the ancient course of milita∣ry discipline shall be obserued, vntill such time as the Generall or the Officers appointed for the administration of iustice, cause or∣der to be taken, and by sound of drumme to be published, which shall afterward stand in force.

9 If any that is culpable of any notorious disorder do flie ouer into England, hoping thereby to escape the danger of martiall lawes; the same party vpon request made to the Iustices, Sherifes, Maiors, Baylifes, or Constables, shalbe sent backe to the campe to the Prouost martiall. And euery of them shall doe their endeuour to assist those that are sent for the apprehension of him. But if re∣quest be made for the punishment of him, then shall the same of∣fender be tryed before the Iudges, at the next assises, and by them be punished.

10 Although the warres be ended, yet are those that offend a∣gainst the lawes of armes and during that time are not punished, to be apprehended, and punished according to the same either by the Iudge Martiall, and Prouost Martiall, whose commissions are to be extended so farre, or by the Iudges of the Realme; that notorious faultes doe not passe without punishment.

Annotations.

1 [That the authours &c.] If neither state nor house can stand without iustice; much lesse can any armie be gouerned without it. Most necessary therefore are the lawes of this section: and so much the rather, for that lawe is nothing without execution. But because iustice cannot be executed vnlesse offenders be detected, therefore the first care of those that purpose to proceede orderly, is to finde out the authours of offences, and persons culpable. This is by examination and othe both of the parties principall, as farre as they are bound by lawe to answere, and of witnesses also: further where presumpti∣ons are sufficient, and the matter heinous; by racke or other paine. Page  341The administration of iustice belongeth to the Generall, and lord Marshal, or those to whom they shall giue aucthoritie: where there is no superiour commander, to Captaines ioyning together, as it is euident by our practise, and also by the examples of the Greekes returning from the voyage with Cyrus, whichaappointed certaine Captaines iudges, and gaue them aucthoritie to determine of mat∣ters, and to punish offenders.

2 [All causes &c.] Whether the causes arise of specialties, or other contract, or act, if the parties be in campe or garison, they are there to be heard and determined.

3 [If any Captaine &c.] Many inconueniences do fall out for want of order in this behalfe. The goods of the dead are either lost, or spoyled; yea many poore men lying sicke, and in distresse, are hastened to their endes by those that gape for that they haue: the next friends of the dead haue nothing, fewe are better for any thing they haue. which I thinke would be in part remedied, if order were taken for the bestowing of their goods. Therefore were it good not that any newe inuention, but that old lawes herein should take place. By the lawes of thebRomanes, soldiers goods went to their next kinred: if they had no wife, nor kinred: yet came they not to the Prince, but were bestowed on the regiment wherein they serued. By the lawes ofcSpaine, the pay & reward that is due vnto souldiers at their death, commeth to their sonnes. And howsoeuer practice ouerruleth lawe, yet in this point the lawes of nations require, that mens last willes be perfourmed. The which that they may take effect, nothing is more requisite, then that they be enrolled, and kept in recorde, and inuentaries of their goodes likewise, whether they die testate, or intestate.

4 [No man shal interrupt &c.] The interrupting of iustice is commonly the beginning of sedition, mutiny, and rebellion. There∣fore doe thedSpaniards in their orders, decree such to bee punished with death. But because the interruption may be with wordes one∣ly, or noyse without further matter; the rigour of the lawe is by dis∣cretion to bee moderated. If any doe interrupt the ministers of iu∣stice doing their office, with force and in tumultuous maner, he fal∣leth within the compasse of lawes ordeined against sedition, and mu∣tiny, and in that degree is to be punished.

The rest of the lawes of this section are plaine, & neede execution, Page  342rather then further exposition. Therefore what neede wee seeke for knots in rushes, or looke for stumbling blocks in so playne a way? this is the summe of all, that warres can not be managed without ex∣ecution of military orders, and obseruance of the orderly practice of armes: that maketh our forces effectuall, that mainteineth them, en∣courageth them, and maketh them victorious, victory maketh an end of warres, and assureth vs of peace, if it he followed and vsed. Peace is the end not onely of this labour of mine, but of all their labours that wish the good of their countrey. And therefore to obteine peace, we are to desire him that is Lorde of armies, that once we may see our warres artificially, and iudicially managed. Before which time he that looketh for peace with the Spaniards, vnlesse God doe worke extraordinarily: he neither vnderstandeth what belongeth to peace, nor warre.