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In kepyng desposed the souldiours in old tyme, to faight for their countrie, the religion availed moche, and the othes whiche thei gave them, when thei led theim to warfare: for as moche as in al their faultes, thei threatned them not onely with those punishementes, whiche might be feared of men but with those whiche of God might be looked for: the whiche thyng mingled with the other Religious maners, made many tymes easie to the auncient capitaines all enterprises, and will doe alwaies, where religion shall be feared, and observed.
The Romaines punished with death him that lacked in the watch, he that forsoke the place that was given hym to faight in, he that caried any thynge, hidde out of the Campe, if any manne should saie, that he had doen some worthy thing in the faight, and had not doen it, if any had fought without the commaundemente of the Capitaine, if any had for feare, caste awaie his weapons: and when it happened, that a Cohorte, or a whole Legion, had committed like fault, bicause thei would not put to death all, thei yet tooke al their names, and did put them in a bagge, and then by lotte, thei drue oute the tenthe parte, and so those were put to death: the whiche punishemente, was in soche wise made, that though every man did not feele it every man notwithstandyng feared it: and bicause where be greate punishementes, there ought to be also rewardes, mindyng to have menne at one instant, to feare and to hope, thei had appoincted rewardes to every worthie acte: as he that faighting, saved the life of one of his Citezeins, to hym that firste leapte upon the walle of the enemies Toune, to hym that entered firste into the Campe of the enemies, to hym that had in faightyng hurte, or slaine the enemie, he that had stroken him from his horse: and so every vertuous act, was of the Consulles knowen and rewarded, and openly of every manne praised: and soche as obtained giftes, for any of these thynges, besides the glorie and fame, whiche thei got emongest the souldiours, after when thei returned into their countrie, with solemne pompe, and with greate demonstracion emong their frendes and kinsfolkes, thei shewed them.
That suche parte of the bodie as had offended, mighte for euer beare the punishemente therof: and the residue takyng warnyng by his ensample, might shonne the like. There ware also sharpe punishementes constitute, in offences concernyng women. For he that had defloured a free woman, had his membres cutte of, because in one offence, he had committed thre no small wickednesses.
Who so had in battaille or warre, withdrawen hymself from his bande, forsaken his place in the arraie, or not obeied his capitaigne: was not condempned to dye, but suffred for his punishemente a notable reproche, of all punishementes the woorste, and more greuous then death. Who so had disclosed any secret to the ennemie, the Lawe commaunded his tongue to be cutte out of his heade.
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