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

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bene likewise capable of Temporal dignities as Baronies and Earledomes Some of them be accounted Counts Palatine in their proper iurisdiction Barons by writ are summoned by their proper surnames as A. B. Cheualier although indeede he be no Knight And all those Barons so called by writ the dignitie is inuested in their owne sirname and so in their owne persons and not in their Castles Houses Manors or Lordships Barons by creation are either solemnely created by another name then their owne as in the right of their wiues or mothers Or els by the names of some Castle House Manor or Lordship In which diuersities although Barons be diuersly made yet are they all alike in their callings and though in shew some of their dignities be of a place certaine yet is the right dignitie in the person of the Baron For admit a Baron should ●ell or exchange the place whereof he is called yet shal he still holde the name and be written and reputed thereby and haue his place and voyce in Parliament by the same name hee was first called or created Of Knights and Knighthood we haue at large discoursed in the second Booke only this is to be remēbred that the forme of dubbing of Knights both in warre and peace is not now obserued as it hath bene Nam Milites tunica suorum armorum torque indui gladio cingt calcaribus auratis ornarisolebant and the Prince in the action thereof pronounced these words Soyez loyal Chlr. en nom de Dieu S. George Miles dicitur quasi vnus electus ex mille olim inter Romanos mille homines strenui maximè bellicosi electiinter caeteros fuerunt quilibet eorum dictus fuit miles quasi vnus ex mille CHAP. 14. Of Esquiers AN Esquier or Escuier commonly called Squier is he that was antiently called Scutiger and to this day in the latine is named Armiger These men as sir Thomas Smith in his booke de Rcip Anglorum doth describe them are Gentlemen bearing armes or armories as the French do call it in testimony of the Nobilitie or race from whence they are come Esquiers be taken for no distinct order of the common weale but goe with the residue of Gentlemen saue that as hee thinketh they be those men who beare Armes in signe as I haue said of the race and familie whereof they are descended In respect whereof they haue neither creation nor dubbing vnlesse it be such as hold office by the Princes gift and receiue a collar of SS Or els they were at the first costrels or bearers of the Arm● of Lords or Knights and by that had their name for a dignitie and honour giuen to distinguish them from common Souldiers called in Latine Gregarij milites So is euery Esquier a Gentleman but euery Gentleman not an Esquier vnlesse he be such a one as beareth Armes which Armes are giuen either by the Prince as a testimonie of fauour or a signe of his vertue that receiued them or both either else by donation of the Kings of Armes who by the Princes Commandement or Commission haue authoritie at their discretion to bestow such honour with consent of the Earle Marshall Somerset Glouer that learned Herauld maketh foure definitions or seuerall sorts of Esquiers according to the custome of England The first of them and the most ancient are the eldest sonnes of Knights and eldest sonnes of them successiuely The second sort are the eldest sonnes of the younger sonnes of Barons and Noble men of higher degree which take end are determined when the chiefe Masles of such elder sonnes doe faile and that the inheritance goeth away with the heires females The third sort are those that by the King are created Esquiets by the gift of a Collar of SS and such bearing Armes are the principall of that coat Armour and of their whole race out of whose families although diuers other houses doe spring and issue yet the eldest of that coat Armour onely is an Esquier and the residue are but Gentlemen The fourth and last sort of Esquiers are such as bearing office in the common weale or in the Kings house are therefore called and reputed to be Esquiers as the Serieants at the Lawe the Escheators in euery shire and in the Kings house the Serieant of euery Office but hauing no Armes that degree dieth with them and their issue is not ennobled thereby Mounsieur P. Pithou in his memories of the Earles of Champagne and Brie saith further that among the Fiefes of Normandy the Fiefe called Fiefe de Haubert was that which in Latine is Feuda Loricae or Feuda Scutiferorum the very originall of the name of our Esquiers comming of the Armes and seruice which they ought to Knights for they helde their land of a Knight by Scutage as a Knight helde his land of the King by Knights seruice And such Fiefes were called Vray Vassaulx being bound alwayes to serue their Lorde by reason of their Fiefe without pay There are also in England other sorts of Esquiers which courtesie and custome haue made among which they are reputed Esquiers that are able at the Musters to present a Launce or light horse for the Princes seruice not vnlike the manner of the Spaniardes where all freehoulders are called Caualieros that doe keepe horse for the Kings impolyments CHAP. 15. Of Gentlemen GEntlemen are they who in the Greeke are called Eugeneis in Latine Nobiles or Ingenui in the French Nobles in the English Gentlemen Gens in Latine betokeneth a race a sirname or family as the Romans had Traquinij Valerij Quintij Claudij Cincinnati Fabij Cossi and such like so haue we in England certaine names which for their continuance in reputation vertue and riches may be in Latine called Agnati or Gentiles that is men knowen or Gentlemen of this or that name and family But let vs consider how this Nobility is defined and by how many meanes men doe thereunto aspire Iudocus Clicthouius defineth Nobilitie thus Nobilitas est generis velalterius rei excellentia ac dignitas Tract Nobil Cap. 1. Nobility is the excellencie of gentle race or of some other good quality And Bartholus discoursing long whether Nobilitie and Dignity be but one concludeth they are not yet said he the one resembleth the other Lib. 1. Cap. de Dig. adding That as he to whome God hath vouchsafed his grace is before his diuine Maiesty noble so before men who so is fauoured by his Prince or the Lawes ought be receiued for noble This Nobilitie therefore is thus defined Nobilitas est qualitas illata per Principatum tenentem qua quis vltra acceptos plebeios honestus ostenditur Nobility is a title bestowed by him that holdeth place of the Prince and maketh him that receiueth it to be of better reputation then other men Of Nobilitie or as we call it Gentilitie diuers diuisions by diuers men haue bene Bartholus sayth That of Nobility there are three kinds viz.
their Armie vnto Carthage being perswaded that ouerlong idlenesse might corrupt For indeed the labour and discipline of Warre doth make men honest and temperate It seemeth therefore that Princes martially disposed haue not onely thereby purchased renowne but also much enlarged their dominions For which reason the Lacedaemonians do seeme to accuse Pausanias iustly for inhibiting them to extend the bounds of their dominion But contrarywise Lycurgus and Minos are much praised perswading the Lacedaemonians and the people of Cyprus to aduance their glory by Warre whereof wee may inferre that Peace is not the onely ende of Warre yet not doubt the chiefest and most necessary cause thereof according to the opinion of Cicero saying Nullum bellum esse iustum nisi quod aut rebus repet t is geratur aut denuntiatum antè sit indictum Whereby appeareth that Warres ought not to be made without iust cause and publique expostulation And Plutarch writing the life of Numa saith it was not lawful for a King or any Souldier to take Armes vntill the Foecials had so commanded or allowed Wise Princes and commanders therefore ought to deliberate maturely before they take Armes to the ende the Warre may be iust and the proceeding thereof aduised In which point they shall doe well to imitate the example of Traianus who vsed to obserue these cautions viz. carefully to supply the places of Souldiers slaine couragiously to represse the enemies pride and according to discipline Militarie compell Muteners to obedience and order To that purpose also Octauianus Augustus did say No warre ought be taken in hand vnlesse the same did promise more hope of profit then feare of losse For who so shall otherwise doe may be compared vnto a Fisher that angleth with an hooke of gold which being broken or lost al the fish hehath gotten sufficeth not to make a recompence CHAP. 4. ¶ Of Souldiers THat men of warre haue beene anciently called Milites euery man knoweth but for what reason that name was giuen euery one is not enformed We say therefore with Vlpianus that men professing Armes were called Milites à malitia idest duritia which is as much to say as they were so named in respect of the hardnesse and danger they indure in defence of other people or else because they repulse the euill and iniurie which enemies doe ofter Romulus called vnto his guard a thousand men and some writers haue thought that thereof Souldiers were called Milites Howsoe●er that were sure it is that anciently who so would become a Souldier it behooued him to procure his name to bee enrolled in the Generals booke For necessarie it is that he who commandeth should know what number and so what qualitie his souldiers be Which reason mooued Alexander Scuerus to keepe in his chamber a Catalogue or Rolle of his souldiers and at his leisure considered of their suites their number their dignities and wages Hee likewise cautiously prouided that no man should aspire to priuiledges Militarie by ambition but for vertue and skill And who so desireth to enjoy the honours appertaining to Armes ought first to prooue he is a Souldier In which case the lawes of Cossus Crassus and Sceuola must be remembred for thereby is decreed that as a man being no citizen should not take vpon him to be a citizen so he that is not enrolled a souldier cannot anow himselfe a souldier By the lawes Ciuill three wayes there are for souldiers to proue their profession which done they shall not afterwardes endure any vnworthie or vnreasonable imposition The first proofe is by letters certificate of Captaines or Officers Charles the seuenth king of France commanded that no man should be capeable of charge or office in the warre vnlesse he were authorised by the Kings letters and 〈◊〉 in testimonie of the publique honour and degree hee had Secondly he ought to make proofe that in former time he had behaued himselfe as a good Souldier and such a one as serued long with commendation Lastly to be recorded among the number of receiued souldiers for that testimoniall cannot be disproued It was also anciently vsed that in token of honour due vnto souldiers of good merit a girdle was giuen for it is written in the law Imperiall Militia exornatos confestimcingi debere And Charles the seuenth king of France in his Edict saith thus Edictum est ne quis Miles in numeros referatur qui non cinctus sit armis● it a munitus vt probum decet militem All Souldiers who serued on horsebacke by the Romanes called Equites vsed to carry on their left arme a certaine shield or buckler and in the right hand a lance and vnto their side a Spanish sword was girded Thus appeareth it that the girdle was the first Ensigne bestowed vpon souldiers and without it no man might accompt himselfe among the number of militarie men nor claime the priuiledges due vnto souldiers For only they that were inrolled and girded were properly called souldiers and they that were newly elected to supply the bands were named Tirones It was also an vse among the Romanes that when any Captaine attained this Ensigne of the Generall he then deliuered a Rolle or list wherein his number was conteined By which meanes the Commander generall might be informed of his whole Armie It is also to bee remembred that besides these inrolled men doe appertaine to euery armie certaine supposed souldiers who are men absent or not vsed and neuerthelesse may enjoy the immunities of the warre for so was it decreed by Claudius the Emperous calling those sorts of Souldiers Militia imaginaria CHAP. 5. ¶ Howe Souldiers did anciently take oathe TO exact an oath of Souldiers was euer thought necessary not onely for the Common weale but also for the Souldier himselfe For at such time as Souldiers serued voluntarily Lucius Flaccus and Caius Varro being Consuls the Senate of Rome thought fit to compel men of warre to sweare though before that time no oath was taken but at the pleasure of him that would Cincius in his first booke de remilitari affirmeth the oath to be thus or to this effect In exercitu decemquc millia passuum prope furtum non facies dolo malo solus neque cum pluribus Extra hastam hastile ligna pabulum vtrem follem faculam si quid ibi inueneris sustulerisue quod tuum non erit quod pluris nummi argentei erit vti ad Consulem Caium Laelium Luciumue Cornelium siue ad quem corum ius erit proferas aut profitebere in triduo proximo quicquid inuencris sustulerisue dolo malo aut domino suo cuius id censebis esse reddes Vtine quid non recte factum esse voles Wee read also that long after Petreius forced the Souldiers of Pompey to sweare they should not abandon their Captaine nor Campe neither should they doe any treason nor consult one with another priuately The like oath was ministred vnto the Souldiers of Domitianus by Caesar and
experirer an scires consulem agere Others are honoured as Parents to whom their children nephewes doe owe all duety and obedience as is commanded in the booke of Prouerbs Honora patrem matrem vt sis long aeuus super terram 28. To these many other causes of Honour may be added as subiects to honour their Prince seruants their masters inferiours their superiours And diuers demonstrations of honour are also due by externall countenance words and gesture as by attentiue hearing of him that speaketh by rising to him that passeth c. He that sitteth doth receiue honour from him that standeth yet a man of dignity in presence of Iudges ought to sit not to stand as other common persons doe vnlesse his owne cause be pleaded So sayth Baldus A man that sitteth at the table is more honoured then hee that serueth and he that sitteth on the right hand is more honoured then he that sitteth on the left hand He is also honored that sitteth next to the Prince or neerest to him that is of greatest dignity We also account him honored that standeth or walketh in the mids of two or a greater number quia mediocritas in electione loci maxime probatur He is likewise reputed most honoured that sitteth at the chiefe ende or in the hiest place of the Table because the most worthy ought to begin which haply moued Virgil to say A Ioue principium Musae He is most honoured that walketh next the wall vnlesse they be three in number for then he that is in the mids is in the worthiest place as hath bene formerly said And he that sitteth next the wall hath the higher place But if three of equall qualitie do walke together then for not offering Indignitie one th' other sometimes one and sometimes the other ought to take the middle place which Order the Spaniards and Venetians doe precisely obserue affirming the right side to be most Honourable Among brethren the eldest is alwaies to precede And so are their wiues to take place In pari dignitate Except by some peculiar dignitie the yonger be graced In like maner where many are of one company or fellowship as in the Innes of Court or the Vniuersities the more ancient is euer most honourable and shall precede others In pari dignitate Men are also honoured in their diet for the more honorable the ghest is the more delicate ought his fare be Likewise the apparell of men ought be differing according to their degrees to the end the profession and qualitie of euery one may be knowen as an arming Coat best becommeth a Captaine a Tippet is seemely for a Priest a Gowne is meetest for a Scholler because eche mans attire ought be like vnto the State profession and office he beareth as appeareth by that caution which Seneca did giue vnto the Empresse mother of Nero. His wordes are these Indue te charissima vxor delicatè non propter te sed propter honorem Imperij A man is also honoured when his Prince or other superior is pleased to salute him by word or writing or to grace him with gift of any Office or dignitie Men are honoured when for any egregious acte they are permitted to erect Images of themselues as Porcius Cato Horatius Cocles Mutius Scaeuola and other notable men were suffered to doe Men are honoured by drinking in gold and wearing of purple also by being stiled the cousins of Princes Men are honoured by bearing Armes For who so hath Armes from ancesters is more honourable then he who is the first Gentleman of his race and consequently ought be placed in a more worthy seate Note here that to euery title of great dignitie a particular ensigne or ornament is appointed An Emperour hath his Diademe or Infula a King his Crowne a Bishop his Mytre and Archbishop his Mantle a Doctor his Baretum As Lucas de Penna writeth Ca●de Murilegulis CHAP. 3. Of Ensignes Royall and Militarie POlydorus in his booke de Inuentoribus rerum lib. 2. cap 3. saith That the Ensignes of Romane Kings were Fasces cum securi Corona aurea sella eburnea trabeae curules phalerae annuli pal●damenta pretexta togae pictae tunicae palmatae which Ensignes may be called in our English a bondle of small wands with an hatchet a Crowne of gold a saddle of luory a kirtle of State trappings of horses robes of State euer burned with the Kings body which ornament was also after the expulsion of Kings worne by Consuls and other Magistrats who pronounced no sentence but in that garment Togae pictae I suppose were long gownes painted or wrought l●ke vnto Damaske or embroidered about and Palmatae were garments wrought with Palme-trees in signe of conquest and peace It seemeth also that no other Ensigne of Maiestie that might illustrate a Kings greatnesse and grauitie was there wanting These Kings had also 12 Littori as we may call them Sergeants who caried before them the bondles and Hatchets aforesaid A Diademe a Crowne and a Scepter are likewise Ensignes appertayning to Emperours and Kings But of Crownes there were anciently diuers kinds And Polydor in his booke aforesaid speaketh of many affirming that Liber Pater was the first inuentor of Crownes and ware vpon his head a Crowne of Iuie Yet doe we read that Moses many yeeres before caused Crownes of gold to be made as Iosephus hath written and of all antiquitie the Egyptian kings haue had Crownes Teste Coelio The first vse of wearing Crownes was in Tragedies and gladiatory combats at which time they were made of boughes and trees afterwards they were composed of flowers of diuers colours in the Playes Flo●eall and in the Pastoral Comedies also and by imitation of them others were framed of slender barres of tinne or some other mettall guilded so as in processe of time many kinds of Crownes were inuented and much esteemed chiefly among the Romanes and in the time of Consuls The chiefe Crownes were Militarie and with them Consuls and generall Commanders in their triumphes were crowned At the beginning those crownes were made of bayes which tree sheweth mirth and victorie and after of gold The next they called Corona Muralis giuen to him that first was seene vpon the wall of the Enemies towne This Crowne was also of golde wrought with certaine battlements like vnto a wall The third they named Corona Castrensis likewise of gold being giuen to him that could breake the wall of the enemie enter the towne or castle The points of this Crowne was made like Towers The fourth was Corona Naualis also of gold garnished with forecastles giuen to him that by force and vertue first boarded the enemies ship The fift was Corona Oleaginea bestowed vpon them that were victorious in the Olympian Playes or for repulsing the enemie Corona Oualis was made of Mirtle and giuen to them that entred a Towne taken with litle resistance or yeelded vpon composition or when the warre was proclaimed or made against
threescore paces and in breadth fortie paces The place where the Lists were appointed was euer vpon plaine and drie ground without ridges hilles or other impediments At either end of the Lists was made a gate or place of entrie with a strong barre to keepe out the people For the guarding of either gate one Sergeant at Armes was appointed and commanded not to suffer any man to approch within foure foote The one gate opened towards the East the other towards the West being strongly barred with a raile of seuen foote long and of such height as no horse could passe vnder or ouer the same In what sort the King did sit to behold the Combat ON the day of battell the King vsed to sit on a high seat or Scaffold purposely made at the foote whereof was another seat for the Constable and Marshall who being come thither called before them the pledges aswell of the Defendant as of the Challenger to be shewed and presented vnto the King there to remaine within the Lists as prisoners vntill such time as the Chalenger and Defender were come and had performed all their Ceremonies In what sort the Challenger vsed to present himselfe to Combat THe Challenger did commonly come to the East gate of the Lists and brought with him such armors as were appointed by the Court and wherewith he determined to fight Being at the gate there he stayed vntill such time as the Constable and Marshall arose from their seate and went thither They being come to the said gate of the Lists beholding the Challenger there the Constable said For what cause art thou come hither thus armed and what is thy name vnto whom the Challenger answered thus My name is A. B. and am hither come armed and mounted to performe my challenge against G. D. and acquit my pledges Wherefore I humbly desire this gate may be opened and I suffered to performe my intent and purpose Then the Constable did open the visor of his headpeece to see his face and thereby to knowe that man to be he who makes the challenge These Ceremonies ended the Constable commanded the gate of the Lists to be opened whereat the armed man with his necessaries and councell entered From thence he was brought before the King where he remained vntill such time as the Defender was come thither In like manner the Defender appearing did make request vnto the Constable and Marshal desiring they would be pleased to deliuer and discharge his pledges Whereupon the said Constable and Marshall did humbly desire the King to release them because the Defender is alreadie come and presented before his Maiestie there to performe his duetie But in case the Defender did not come at time conuenient in the day appointed then did the King deliuer his pleasure vnto the Constable and he reported the same vnto the Marshall who forthwith did giue order vnto the Lieutenant that the Defender should presently bee called to appeare by the Herald Marshall of the King of the South called Clarencieux and in case the Herauld Marshall of the King of the South was not present then was the proclamation made by some other Herauld But if the combat were performed in the North on the other side of the Riuer of Trent in the circuit of the King of the North called Norrey then was his Marshall to make proclamation The words whereof were to this effect Oiez G. D. Defendant in this Combat appeare now for in this day thou hast taken vpon thee to acquit thy pledges in presence of the Lords Constable and Marshall and also defend thy person against A. B. who challenged thee to maintaine the cause of this Combat This Proclamation was made thrice at euery corner of the Lists but if at the second time the partie appeared not then the Herauld did adde these words The day passeth and therefore come without delay And if in case the said Defendant appeared not before noone but stayed vntil the third houre after then did the Herauld by commandement of the Constable and Marshall in the beginning of the proclamation say A. B. appeare in haste and saue thine honour for the day is well neere spent wherein thou didst promise to performe thine enterprise It was also vsed that the Constables Clerke should in a booke record the houre of the Combattants appearing within the Lists either on foot or on horsebacke in what sort they were armed of what colour the horses were and how they were in all points furnished It was also anciently vsed that the Constable moued the King in fauour of the Combattants to knowe whether his Maiestie were pleased to appoint any of his Nobility or other seruants of reputation to assist them for counsell in combat The Constable and Marshall did suruey the Launces and other weapons wherewith the combat should be performed making them equall and of euen measure The Constable also appointed two Knights or Esquires vnto the Challenger to keepe the place free from impediments the like was also done for the Defender The Constable did also moue the King to know whether his Maiestie in person would take the Oathes of the fighters or giue him and the Marshall authority to doe it out of his presence The Constable also did send the Marshall vnto the Challenger and his counsell to make ready his Oath declaring that after that ceremonie all protestations should be voide After these preparations the Constable caused his Clerke to bring foorth the booke whereupon the Combattants were solemnely sworne The first Oath THe Constable hauing caused his Clerke to reade the Challengers bill and calling him by his name sayd Doest thou conceiue the effect of this Bill Here is also thine owne Gauntlet of defiance Thou shalt sweare by the holy Euangelists that all things therein contained be true and that thou maintaine it so to be vpon the person of thine aduersary as God shall helpe thee and the holy Euangelists The Oath thus taken hee was led backe vnto his former place and the Constable did cause the Marshall to produce the Defender who tooke the like Oath This Oath was euer taken the parties kneeling vnlesse it pleased the Constable and Marshall to pardon that duetie The second Oath THe second Oath was also indifferently propounded to either of them viz. That they had not brought into the Lists other Armour or weapon then was allowed neither any engin instrument herbe charme or enchantment and that neither of them should put affiance or trust in any thing other then God and their owne valors as God and the holy Euangelists should helpe them That done they were both sent to their places of entrie The third Oath was thus THe combattants being againe called were commanded by the Constable to take one the other by the hand and lay their left hands vpon the booke which done the Constable said I charge thee A. B. challenger vpon thy faith that thou doe thine vttermost endeauour and force to prooue thine affirmation either by
hee reduce it to memory againe whereas the learned man by turning his booke hath meane to call to remembrance what hee happeneth to forget Therefore as he that liueth fourescore yeeres must needes haue more experience then he that liueth fortie so he that seeth in bookes the actions of men a thousand yeres knoweth more then he that by liuing one hundreth yeeres could attaine vnto In like manner if he that trauaileth many Nations be of more experience then others of like age that neuer went from their natiue Countrey so he that is learned by Cosmographie histories and other learning seeth the maner and vsage of euery countrey in the world yea of many more than is possible for one man in all his life to trauell through and of those he trauaileth much better doth he learne by small abode there then an other by longer experience that is altogether vnlearned By this learning also we may conceiue the situation Temperature and qualitie of euery Countrey throughout the world Also through the Science of Astronomy we know the course of Planets aboue and their aspects and coniunctions which the learned men in times past attained vnto by long conference and obseruation but we by perusing their bookes onely may learne it yet without that helpe we could neuer To conclude there is nothing either of profit or necessitie for mans life but by learning is taught more perfectly than it can be compassed by experience or other meane whatsoeuer But leauing the commodities of learning to be discoursed by those that are learned in deede this onely I say that the endeuour of Gentlemen ought be either in Armes or learning or in them both And in my poore conceit hardly deserueth he any title of honour that doth not take pleasure in the one or the other For as no liuing creature is borne to idlenesse so is there no doubt but God and nature hath destined ech one for some commendable businesse And like as base occupations are fit for folke of base fortune so valiant and venturous minds in actions of honour and vertue should be employed And if in this earthly life any there be that meriteth fame or fauor surely the same is a vertuous life and valorous endeuor Wherof Iuuenal saith Res gerere captos ostendere ciuibus hostes Atting it solium Iouis caele● a tentat Principibus placuisse virus non vltima laus est The Authors conclusion WE haue said in our former discourse that no man of any qualitie or fortune is borne or destined to ease idlenesse or vnprofitable occupation we haue likewise touched the commodities of such learnings as are required in actions both Ciuill and Martiall whereby may appeare how necessary it is for all Gentlemen to indeuour themselues in the one and the other as those knowledges whereby men are made worthy of honourable title Notwithstanding through corrupt custome or bad education the greater part of our English gentlemen are not onely ignorant what honour and vertue meaneth but consequently doe disdaine or at the least wise lightly regard those labours whereby they might and ought become comfortable to friends and seruiceable to their Prince and countrie which happily mooued the Poet to forewarne fathers to haue care of their childrens education saying Gratum est quod patriae ●iuem Populoque dedisti Si facis vt patriae sit idoneus vtilis agris Vtilis bellorum pacis rebus agendis And continuing the consideration of this matter I am occasioned to be sory that our English youth doe not onely earnestly affect vaine pleasures and improfitable pastimes as recreation but also vse them with daily labour as their chiefe businesse and speciall profession And to speake plaine I am more then halfe perswaded that great sort of our Gentlemen chiefly those that haue had their nurture at home with their owne ignorant parents doe take more comfort to be called good Faulkoners or expert woodmen then either skilfull Souldiers or learned Schollers Yet who so obserueth shall find that the same men by secret instinct of gentle nature doe not a litle glory in the ancient badges titles and seruices of their Auncestors supposing those passed merrits supported with riches ought without further sufficiencie make them more worthy then others whose owne proper labour and vertue haue indeede deserued much honour But as no fowle flyeth with the wings of another nor no horse doth runne on legges not his owne so should no man be praysed or admired for the vertue or good merit of another And albeit the fame of Auncestors honour may for some short space maintaine a certaine hope of vertue chiefly where no vice appeareth yet time which doth distinguish things indeede from those that onely appeare will also like vnto counterfeit mettal bewray the want or worth of euery man and for such a one he shall be knowen and esteemed of what name house parentage or predecessor soeuer he is descended It therfore behoueth euery Gentleman well borne to embrace the loue of vertue and in the actions thereof to employ the course of his whole life For what can be more pleasing to a generous mind then the studie of wisedome whereby to know good from euill and truth from falshood the one to be followed the other eschewed What may be more blessed then Iustice whereby we refraine from all iniuries and giue vnto euery one that which to him appertaineth what is more noble then fortitude which contēneth all wordly accidents with inuincible courage fighteth for equity and right And what is more beseeming a noble personage then temperance which teacheth comelines and moderation gouerning the passions perturbations of mind to the quietnesse of mans life and contentation of others These with other vertues on them depending haue from base birth and poore parentage aduanced many to great titles and dignity and as those vertuous endeauors haue preferred them so discontinuance did vtterly deface that honor in their posteritie Vertue I say is that which from meane estate hath raised the louers therof to great reputation and glory Among infinite examples omitting men of meaner fortune yet worthy much honour we haue Agathocles Eumenes Pertinax Dioclesian Valentinian with other Emperors Kings Captaines Of like fortune in birth was M. Tullius Cato Horace and diuers most notable learned men yea Socrates himselfe who by the Oracle of Apollo was iudged the wisest man aliue had no great parentage And Iulius Caesar that both in armes and learning excelled was the first Emperor and from low degree aspired to excessiue glory Notwithstanding through protraction of time and the degeneration of posterity not only their owne houses and names are vanished but also the honour renowme of the nations where they liued is vtterly decayed and extinguished which the Christian Poet Palingenius did well expresse in these verses Nempe diu res nulla manet nempe omni●● semper Deteriora solent fieri in p●iusque referri Naturae imperio fatorum
Nobilitas theologica seu supernaturalis Nobilitas naturalis Nobilitas politica The first is a certaine Nobilitie knowen to God only and they that be so ennobled be noble for integrity and vertue The second Nobility may be considered in two respects as Bartholus affirmeth For both creatures vnreasonable and they that are senslesse may in some sort be called Noble as we see Birds euen of one Espece or kind some prooue noble and some ignoble as of Falcons some are Gentle and some Haggard Likewise of fourefooted beasts some are Noble as the Lyon some ignoble as the Wolfe which Ouid in his booke de Tristibus well expresseth Quo quisque est maior magis est placabilis irae Et faciles motus mens generosa capit Corpora magnanimo satis est prostrasse Leoni Pugna suum finem cum iacet hostis habet At Lupus turpes instant morientibus Vrsi Et quaecunque minor nobilitate fera est Politica nobilitas is that honour which the Prince giueth as hath bene formerly said Aristotle in his 4. booke of Politikes maketh foure kindes of Nobility viz. Diuitiarum Generis Virtutis Disciplinae that is noble by riches noble by ancestors noble for vertue and noble for learning But leauing to say more concerning the qualitie of Nobility let vs returne to those persons that we formerly called priuate or simple Gentlemen We say therefore that they ought be preferred before all other men without dignity whensoeuer any comparison is made For this word Gentleman or Nobilis id est nos cibilis is a name of preheminence to distinguish men of vertue from base people We read in holy Scripture how Moses constituted certaine Iudges and called them Sapientes and Nobiles Deut. 1. Samuel was also called Nobilis for his excellencie in prophecying It is likewise in Eccles Beata terra cuius Rex nobilis est And Aristot. in his Polit. sayth Nobilitas apud omnes in honore habetur And Seneca sayth Habet hoc proprium generosus animus quod concitatur ad honesta Now for so much as Nobility or Generositie is the first degree or steppe whereby men ascend to greater dignity it seemeth fit to be enformed how that title is acquired We say therefore that some are Gentlemen by blood of Ancestours as appeareth in the booke of Wisd 3. Gloria hominis ex honore patris sui contumelia filij pater sine honore Also Gloria filiorum parentes eorum Prou. 18. Yet is this to be vnderstood that the worde Parentes signifieth the Nobilitie of fathers not of mothers as Bal. affirmeth Cap. de Seruis fugiti Of which opinion Cicero in his Offices seemeth to be saying Optima haereditas à patribus traditur liberis omnisque patrimonio praestantior gloria virtutis rerumque gestarum Secondly men are made Noble for wisdome for in true wisdome Nobility consisteth Sap. 7. And Prudence ought bee preferred before all riches yea nothing desirable can be thereunto compared Prou 8. Thirdly men are aduanced for learning in the Lawes Ciuil hereof it commeth that Doctors of Law are to be honoured so highly as no other man how honourable soeuer shall presume to call them Fratres but Domini Le. 1. Cod. Yet Bonus de Curtili in his treatise of Nobility sayth That in the opinion of Bartolus knowledge or learning doth not make a Gentleman vnlesse hee be dignified with the title of Doctor or graced by some office of reputation and if that be taken away he shal be reputed a common person Item men placed in Offices Iudicial are thereby made noble for euery Iudge ought be reputed a Gentleman in regard of his Office Also euery officer vnder the Prince I meane hauing any Office of honor or worship is therby made a Gentleman Dignitas nobilitas idem sunt Bart de Dig li. 12. Item men become noble for vertue and chiefly Iustice which moued Lucas de Penna to define Nobilitie thus Nobilitas nihil aliud est quàm habitus operatioque virtutis in homine And another old writer summarily saith Nobilitas hominis est mens Deitatis Imago Nobilitas hominis virtutum clara propago Nobilitas hominis humilem releuare iacentem Nobilitas hominis mentem refrenare furentem Nobilitas hominis nisi turpia nulla timere Nobilitas hominis Naturae ●ura tenere Item if any common person by his vertue or fortune doe chance to be made a Duke and Earle a Baron or do aspire to any other dignitie of honor or worship he thereby becommeth a Gentleman Or if he be made a Captaine of a Countrey or castle hauing pension or fee appertaining thereunto he ought be a Gentleman For which reason euery man of dignitie is a Gentleman Item they are Nobilitated to whom the Prince granteth any honorable Fee farme Pension or intertainement for life chiefly if the same be ancient Quoniam feodum nobile nobilitat suum possessorem And that Fee is indeed ancient and Honourable which by custome is vsed to be giuen by the Prince to Gentlemen onely and if the same be granted to any ignoble person that donation doeth not presently make the receiuer noble Quoniam nobilitas ictu oculi non nascitur Bal. Praeludij Feodorū Lucas de Penna saith that if a Yeoman do buy an honorable Fee he shal not thereby become a Gentleman The reason therof is Res à persona sumit cōditionem honorē non e contra Item by common opinion some ignoble persons are called Gentlemen Of these the number is infinite yet are they not indeed Noble but vulgarly so esteemed as Lucas de Penna saith Item men are ennobled by the Princes grant as Baldus affirmeth Yet if a simple subiect being made a Gentleman doe not exercise the qualities beseeming that dignitie he ought be depriued of that title Or if hee conuerse with base men or apparell himselfe and his wife in garments vnfit for their degree they shall not be accompted Noble Quia habitus demonstrat qualitatem dignitatem personae deferentis And as these persons made Gentlemen in not exercising the professions of that degree doe loose the benefit thereof So Captaines and Souldiers discontinuing the warre doe by Law loose their reputation Milites not exercentes militiam non gaudent priuilegijs militum Bal. in lib. 1. Cod. Item men may sometimes become Noble in respect of the place where they were borne For the Citizens of famous Townes may reasonably be thought more worthy then villaines Yet if a Gentleman doe inhabite his village he shall neuerthelesse continue Noble Quia nobilis à rustico non loco sed genere distinguitur Item all men in the princes ordinary seruice and houshold are thereby ennobled and ought be Gentlemen The words 〈◊〉 the Law be these Omnes famulantes principi sunt in dignitate ideo nobiles cum dignitas nobilitas idem sunt Bart. lib. 1. Ca. de Dignit 12. Item some Gentlemen doe hold that dignitie by