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A14722 Anima'dversions of vvarre; or, A militarie magazine of the truest rules, and ablest instructions, for the managing of warre Composed, of the most refined discipline, and choice experiments that these late Netherlandish, and Swedish warres have produced. With divers new inventions, both of fortifications and stratagems. As also sundry collections taken out of the most approved authors, ancient and moderne, either in Greeke. Latine. Italian. French. Spanish. Dutch, or English. In two bookes. By Robert Ward, Gentleman and commander. Ward, Robert, fl. 1639.; Marshall, William, fl. 1617-1650, engraver. 1639 (1639) STC 25025; ESTC S118037 599,688 501

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then privatiue of any lawfull helpe that ●ustice yeelds Further it is his Majesties pleasure that the very least abuses should not passe with out due correction not so much as the trippe of a Foote the thrust of an Elbow the making with the Mouth or the hand an uncivill signe and although these doe neither bruise the bone nor mayme the parts Yet since the malice the disgrace and scorne in these things doe so farre exceed the fact it selfe expressing the base and disgracefull reckoning which they that offer these contempts make of the person upon which they braue them is to bee taxed and corrected by the Lords upon like termes and with like severity The party that killes if he escape with life out of the Field shall be brought by a course of ordinary proceeding without dispensation or connivancie to the common Barte for tryall of the fact And for a greater discouragement of all men that preferre their passions to civill duties His royall Majesty doth potest and promise by the word of a King that he would never by the strength of his royall prerogatiue grant to any such offender any pardon for his life or any lease for life nor any other kind of grace or favour that might put such audacious adventerours into the least hope of life But if it happen both parties after meeting vpon Challenge in cold blood returne alive out of the Field though generally wee may observe that neyther the principals themselves that went of purpose to make good their agreements nor the Seconds that in a sort assisted are punished by an ordinary course which slacknesse rather multiplyes offenders then cuts off offenders yet it was his royall purpose without regard of issues or events to punish very sharply and severely the presumption it selfe in seeking eyther by the sending or accepting of a Challenge to revenge that out of passion which Iustice would examine and correct with greater indifferency Whosoever therefore shall presume as it were in despite of Lawes and Magistrates either to send any Challenge or to declare a voluntary acceptance of the Challenge that is sent whereby Subjects may be drawne to tryall by the Sword for their liues in the Field his royall pleasure was that hee or they as number hit bee first committed to some prison used in the County for Malifactours that they may learne at good leysure to repent with sorrow what was committed with temerity The punishments prescribed against reproachfull quarrellours and strikers with provisionall regard and tender care shall be added in like manner Cumulative to the censure of these Chalengers in cold bloud as the wreckfull executions of all passions that those preparatory meanes and outrages have kindled They shall moreover for the space of seven yeares be suspended from the Court without hope of forgivenesse that it may be found more easie for the Sea to brooke a dead carka●●e then the Court a quareller Wherefore beside the penalties expressed in that which goes before not with the quill of an Ostrich which may bow but as the Prophet speakes Vngue Adamanti●● which cannot breake Hee doth further bind his purpose Verbo Regio that during the seven yeares suspension formerly decreed both from the Royall presence and his Court Hee would never use nor employ any Gentleman c. in Peace or Warre at home or abroad directly or indirectly in his Royall affaires Hee vowed never to bestow on them the least fruit or effect of his grace or favour in Land Lease Pension or by Letters commendatory to their advantage in the least degree nor repute them other then as Seare fruitlesse branches cut off from the body of the Vine being made thereby uncapable both of sustinance and support by which the members of all bodyes as well Naturall as Oeconomicall and Politicke both subsist and flourish His Royall Majesty did further commend unto the Lords the binding of all men to the good behaviour that after fighting upon Challenge happen to returne alive out of the field for six moneths at the least for as the plagues that hang upon this censure are both many and those very heavy so doth the quality of the contempt deserve them all moving busie fellowes that are giddy rash and inconsiderate to be well advised before they leape Those that thinke themselves secure by agreeing to fight in Forraine parts where the Kings Writte runnes not neither can the Lawes of the Kingdome take hold of any Subject in that case though the Romans and in the Reigne of the first potent Emperours would haue thought it strange that the life of any Subject taken by another Subject wrongfully should not be lawfully accounted for This reason happily did move the States of Brabant before the dutifull admittance of Duke Iohn to be their Lord in the right of his wife to bind him by oath never to spare the life of any Subject in that State that should kill another in the field though the act were done in a Forraine Government the same reason may be why the Lord Segrave as appeares upon Record attempting only to passe over into France from Dover for to performe a private quarrell was condemned Iudicio Parium by the judgement of his Peeres as if he had preferred by this act the Iustice of Forraine Countries before his owne But for a redresse of this his Majestie having conferred with the learned Iudges upon this point that though there can be no proceeding by the Common Law against one Subject that hath slaine another by agreement upon Challenge to fight in Forraine parts Yet by appeale so often as it shall please his Majestie to appoint a Constable and Marshall of England for the present only both to heare and ad judge the cause the party thus offending may be condemned in that Court to death as by an Act of Parliament made in the first yeare of King Henry the Fourth is evident and to this his Royall Majestie did protest by the word of a Religious just King to put this in execution wherefore there should be no hope of former impunity but that such offenders thus condemned should without remitting or forgivenesse bee executed As for Seconds which these Combatants make choyce of to make the best of them they are only stout assistants to bad ends and their supporters being restrained upon paine of so deepe penalty they cannot but shrinke Sublato principali omnia cadant accessario Betweene an Actor and an Abettor the difference cannot bee great wherefore his Majestie did find by the moderne use of France of the Archdukes Dominions and many States in Italy that the carriers of Chalenges and they that bring backe answers are both condemned and punished in a very high degree upon a violent presumption that they either blow the cole or endeavour not to quench the fire wherefore his Royall Majestie layes the same proportion of punishment upon the Seconds the Carriers and Intercommuners