the second then Pope sent vnto the Captaines a white Crosse with commandement that all the souldiers should weare the like calling that enterprise La cruciata It is sayd that the Christians as such time as this warre was proclaimed in Cleirmont a citie of Auergna indeuoured themselues vniuersally to animate the souldiers and ioyned in generall prayer for their good successe giuing them meat apparel and furniture vnasked or required Moreouer those that were indebted were forgiuen and such as had beene banished were pardoned The women also contrary to their custome willingly and with much ioy consented their husbands and sonnes should passe in this enterprise and for their furniture gaue them their Iewels Chaines and money The French King likewise sent them great treasure and gaue priuiledges to the souldiers lands and wiues in their husbands absence And many great Princes and other Lords sold and impawned their Patrimonies to further this action So as the Armie assembled for this holy enterprise amounted vnto three hundred thousand footmen and one hundred thousand horse who presently marched towards Constantinople where they passed the Strait called Bosphoro Thracio landed at Calcedonia For the first enterprise they besieged Nicea in Bithynia which within fiftie dayes was yeelded and the fouth of Iuly at the foote of certaine mountaines neere vnto that citie the Christians fought a battell with a Turkish Armie which in number exceeded ours and thereat was present Solyman the Emperour of Turkie but the Christians had victory with the losse of two thousand men of the Enemies were slaine fourtie thousand This victorie gained the Christians following their enterprise within short time wonne an hundred cities and townes of accompt and among them the great Antiochia before which they begun the siege the twentieth of October and tooke it the last of May following where they found Corbona King of Persia and Cassiano Lord of Antioch Neere vnto that place in one other conflict were slaine more then one hundred thousand Turkes with the losse of foure thousand of ours The cause of this victory was in that time of superstition imputed to the vertue of a bloody Lance found in Antiochia which they supposed to bee a speare wherewith Christ was wounded on the Crosse. It was also sayd that the Turkes did see or imagine another great Armie comming against them from the mountaines conducted by three Captaines mounted vpon three white horses the beholding wherof occasioned their flight This victory being had a Nauie arriued from Genoa and from Venice Also with them came certaine ships conducted by one Vymer of Bullein in Picardie a notable Pirate who repenting his former like determined to follow that honourable Action The Christian forces thus increased they marched towards Ierusalem and besieged it notwithstanding the city was of great force yet by Gods helpe and the valorous aduenture of the Christians it was assaulted and in the end yeelded Anno 1099. This Citie thus conquered the sayd Peter as the chiefe procurer of the enterprise was highly honoured and Godfrey Duke of Lorayn elected King of the Holy land But to returne to the Original of these Knights I say that somewhat before the Christians conquered the Citie of Ierusalem they had obteined of the Saracens leaue to dwell neere vnto the Sepulchre of Christ and there builded an house calling it the Hospital of Christians whither all other Christians dayly resorted After that the number of Christians increasing they builded another houses for women calling it S. Mary Magadelens And at length they made a third house calling it S. Iohn Baptists where for the keeping of good order they appointed an officer whom they called Rector Some time after was elected to that fellowship a gouernour called Gerardus who commanded that he with al others of that house should weare a white Crosse vpon a blacke garment which was the originall of the Order and euer since hath bene vsed Afterwards one other Rector or great Master was elected whose name was Raimondus to whom authority was giuen that he should gouerne and command all Knights of this Order where soeuer they were dispersed Many yeeres after these Knights conquered the Isle of Rhodes holden by the Turkes Anno 1308. which was the cause they were commonly called Knights and diuers princes seeing them martially inclined gaue vnto them great lands and possessions and they became greatly esteemed for their seruice chiefly against the sayd Turkes and the Soldan king of Egypt and Ierusalem The sayd Isle of Rhodes during those Knights inhabited there was foure times assaulted yet by Gods helpe and the valiancie of the Knights it was defended Then Mahomet Otoman Emperour of Turkie Anno 1480. with an excessiue force of men and an hundred Saile of Galleys conducted by a Bassa borne in Greece descended of the rase of Paleologi sometime Emperors of Constantinople did besiege it but after 89 dayes of continuall batterie they were forced to abandon the enterprise and for their farewell in the last assault the Knights slew more then fourtie thousand Turkes But in the yeare 1523. in the moneth of Ianuarie the Turkes againe inuaded the Island and after three moneths Siege preuailed for the rest of Christendome neuer vouchsafed them either aide or reliefe Since the losse of Rhodes these Knights haue remained in the Island of Malta and often defended it against the enemies of Christendome but chiefly in the yeere 1565. The first erector of Statures and Rules for the gouernment of these Knights was the sayd Raymondus calling himselfe Raimondo di Poggio Seruo dipoueri di Christo e custode dello spidalle di San Giouanni Battista di Ierusalem No man might be receiued into this Knighthood vntill he had proued his gentilitie in presence of the great Master and other Knights Nor no man descended of a Moore a Iew or Mahometan might be admitted although he were the sonne of a Prince And euery Knight of this order was sworne to fight for the Christian faith doe Iustice defend the oppressed relieue the poore persecute the Mahometans vse vertue and protect Widowes and Orphanes Diuers other Articles there be but for that they are full of superstition I omit them CHAP. 21. Knights of Calatraua They were called Knights of Calatraua of the prouince and place where they were made and setled which was where anciently the chiefe Church of Templars had bene who not being of power sufficient to resist the Saracens were forced to yeeld the place vnto these Knights The habit of these Knights is a blacke garment and vpon it in the breast is set a red Crosse. These Knights haue also exceeding great possessions and many commandries in diuers places of Spaine Alphonsus Rex Câ—stiliâ— Institutâ—r Ord. Rubri Baltâ—i vulgo de la banda dict Fol. 98. CHAP. 22. Knights of the Band. THis order was first erected by Alphonso King of Spaine sonne to Ferdinando and Queene Constanza in the yeere 1268. And to giue the said Knighthood reputation and honour
Lacedaemon before they went vnto the warre did first sacrifice and consult with the Muses how they were to proceed for so did Terpander and Pindarus men of speciall note in Sparta and which were employed to set foorth the praises of such of the Lacedaemonians as were both in Musicke and Armes excellent The Romanes did highly and openly extoll Quintus Fabius Maximus Rollianus and Pubâ— Decius for their notable knowledge as wel in Armes as learning Thus doeth it appeare that Armes and Lawes cannot bee disioyned and consequently where the counsaile of Captaines is directed by Law equitie and Religion there insolencie fury and vnlawfull force is repressed CHAP. 2. ¶ Militarie Iustice and the originall thereof HAuing discoursed what concord ought be betweene Militarie and Ciuile gouernment it seemeth requisite to say that Militarie Iustice generally is a Law made by consent of all Nations the propertie whereof is to repulse force and to redresse iniurie For who so in defence of his owne person doth resist force with force shall be thought to haue so done iustly And albeit bruit beastes do seeme in some sort to offend and defend without the aide of wit and humane forecast yet because all they do is without discourse of reason or election it cannot be said that they vse force according to Iustice but rather mooued by naturall instinct consequently attempt without order or warrantie of any lawful proceeding which indeed liueth onely among men For admit that no Lawes were and all things left subiect to Fortune and chance yet such is the force of equitie and reason and the root thereof so firmely fixed in the minds of men as though neuer so much defaced obscured in sauage and degenerate natures may not yet vtterly be razed out of the mindes of any be they neuer so outrageous but that at one time or other either openly to the world or inwardly to themselues will they nill they some vigorous and liuely sparkes thereof will appeare The like may be particularly said of Iustice Militarie whereof in the minds of Souldiers so deepe an impression is made as no force or time can raze it out And touching the execution of Iuridiction Militarie we say the same was euer performed by Iudges and Magistrates thereunto purposely appointed and that men of Armes and all other Souldiers were in al Militarie matters directed punished ordered by their proper Commanders as in ancient time they were in Rome and since in France hath bene vsed But first to touch the original of Martial iustice it seemeth to haue bene taken from the Romanes who for causes reasonable bestowed vpon men of warte great priuiledges dignities and immunities afterwards confirmed and increased by diuers Emperous By whose example some Kings of France and other princes haue done the like Yet true it is that at the beginning such iurisdiction was executed onely in the field by the Tribunes or their deputies I meane in ordinary offences or els by the Legate in their absence or els by the Consul or Generall in causes capitall and faults of most importance But in processe of time the insolencie of Souldiers increasing the sayd iustice became more generall and the authoritie thereof extended into all townes and places whatsoeuer inflicting exemplarie punishment according to the qualitie of eche mans offence yea in the end the reputation of Martial iurisdiction became equall to that of ciuill Iustice. CHAP. 2. ¶ Of Warre and causes thereof CIcero sayth that discord and dissention among men is ended either by persuasion or force the one proper to men the other to brute beasts and where the first cannot preuaile the other may be excused Reasonably therefore are those warres to be taken in hand where iniurie can not be otherwise repulsed nor peace by other meane preserued And most apparant it is that nature hath bestowed vpon all creatures certaine armes or weapons wherewith to defend themselues and offend their enemies yea whoso obserueth shall see that ech liuing bodie is in some sort by nature disposed to make warre as the calfe before his hornes be growen doth indeuour to offend with his head The colt turneth his heeles when his hooues are scarsely hard The little whelpe whose teeth be tender and vnfit to bite will neuerthelesse do his best to offend with his lips Man likewise of all other creatures least furnished both for offence and defence will with all his strength hands and feet labour to resist his foes as appeareth euen in children who prouoked to anger do spurne and bite haply moued thereunto with desire of victorie onely The same reason inciteth men both in generall and particular to contend so as one citie maketh warre against another one prouince inuadeth another and whole kingdomes and common weales doe endeuour to oppresse one the other Yea the affections in euery sole body do among themselues strâ—ue and make warre which mooued some Philosophers to say That no victorie is woorthier of commendation then that wherein man doth conquer himselfe Fortior est qui se quà m qui fortissima vincit moenia nec virtus altior ire potest sayeth Ouid. Seeing then that each man hath warre within himselfe and against others and cities contend for honor and empire one taking from the other what can be sayd Ours more then that which is gotten and defended by armes Yet true it is that some warres are not properly so called as where one part of the people doth assault the other for that kinde of contending ought be named sedition but when one Nation taketh Armes to offend an other there wee say is warre When the Romanes were diuided one faction labouring to oppresse another who by nature ought to haue ioyned together such enimitie was called Sedition but when the Galls the Carthagenians or other forreigne people assaulted the Romanes or were by them assailed that contention was truely called Warre But omitting to say more of ciuil or domesticall dissention let vs discourse of that Warre which is ordinarily made with forreine people for Empire and glory as when the Romanes tooke Armes against the Latines Sabines and Carthaginenses or when they fought with the Celtiberi and Cimbri not who should command but who should liue yet ought the cause whereof the Warre groweth be iust and such as the enemie cannot but acknowledge reasonable For who is so impudent as will deny that if iniury be done or the goods or honour of other men be taken but hee from whom the same was taken is iustly caused to become an enemie Non licet cum alterius incommodo suum augere commodum Yet Aristotle proueth that some men are by nature borne to command others to obey whereof may be inferred that Warres are necessary as well to compell those to subiection that are destenied thereunto as also for others who ought to gouerne to hold their auctoritie The Romanes also did thinke good sometimes to make Warre onely to entertaine the youth fit for seruice as when they sent
they became the more obedient To which agreeth that of Polybius Sc obtemperaturos facturos quicquid mandabitur ab Imperatoribus iuxta vires Out of Liuie lib. 22. Sese fugae atque formidinis ergo non abituros neque ex ordine recessuros nisit teli sumendi aut petendi aut 〈◊〉 feriendi an t ciuis seruandi caussa Also Consulis iussu se conuenturos nec iniussuabituros Out of Halycarnasseus Lib. 10. Secuturos se consules neque signa desertures neque aliquid contra populum facturos These wordes also Scipio sware Liuij Lib. 22. Vt ego Rempublicam non deseram neque vllum ciucm Romanum deserrepatiar Si sciens fallo ex animi mei sententia tum me Iupiter Opt. Max. domum familiam remque meam pessimo laetho afficiat The oath was taken in the presence of the whole Legion by one Souldiour holding his drawen sword in his hand and then all the rest seuerally answered drawing their swords Idem in me After vnder the Emperours was added Se Caesaris salutem omnibus rebus antelaturos And they which tooke oath to Iulian the Emperour laying their swords to their necks sware Se omnes pro eo casus quoad vitam profuderint si id necessitas exegerit perlaturos In the declining state of the Romane Empire when Barbarians were enrouled among Romane souldiers they were branded with the Emperours marke and tooke their oath Per Deum Christum Spiritum Sanctum per Maiestatem imperatoris omnia se facturos quae praeceperit Imperator nec mortem recusaturos pro Romano Republica In France also it was anciently vsed that euery Souldier receiued into any band or ornified with the girdle Militarie should be sworne vnto the King or the general of horse if he were a horseman or seruing on foot his oath should be taken by the Praetor or Captaine of footmen And so greatly was an oath esteemed as Caesar procured a Law to be made that no Citizen vnsworne should remaine out of Italy more then three yeeres By imitation of which example the Senate of Rome decreed that all Magistrates should sweare to answere truely vnto those Interrogatories that were propounded The Souldiers of that time did sweare by the gods and Radamanthus did thinke that all doubts ought bee decided by oath Either else they were to sweare by the winde the sword because the one was cause of life th' other of death for such was the Scythian vse Or else by Iupiter Mars and Pallas or sometimes by eleuating a Scepter which Princes in old time accustomed But the Christians doe sweare in forme according to the pleasure of the Prince the Generall or Chiefâ—aine but in matter the oath of Christians is to sweare by the Deitie As by God or by his holy Euagelists c. And here is to bee noted that if any souldier were absolued from his othe yet might he not without the Generals licence be receiued into any other Armie which ordinance was obserued by Constantinus and the ancient Romanes also For when Pompilius remained in Prouince with his Armie where the sonne of Cato serued as a Tiro or yong souldier hee thought good to discharge that Legion where the sonne of Cato was But he desirous to continue in the warre did write vnto Pompilius that if hee pleased to consent he might remaine there hee would by anew othe become bound because the first othe dispensed with hee might not fight with the enemie And hereof wee may bee also informed by an Epistle which Marcus Cato the father did write wherein he commanded his soone not to beare Armes for quoth he Qui miles non est cum hoste pugnare non debet Thus concluding we say that souldiers ought be first girded then enrolled and lastly by othe obliged CHAP. 6. ¶ What sortes of men ought to bee reputed Souldiers and who may not bee pressed to beare Armes ALbeit the warre is to employ men of diuers qualitie yet ought they onely to be reputed Souldiers that make profession of Armes Therefore out of that number Victualers Merchants Artificers and generally all men attending their owne priuate profit are excluded Neither ought any of them be priuiledged by the warre because such negotiants be occupied in their owne commoditie and therefore as men of base sort vnworthy to be numbred among men of warre because their onely endeuour is to gaine which they cannot nisi admodum mentiantur we also accompt to aduocate procurer pleader or perswader to merit the immunitie of warre For Claudius the Emperour commanded that euery souldier should without counsell render a reason of his owne life The Philosophers also thought those men needlesse in euery common weale Neither can wee allowe Ploughmen to bee properly called souldiers when they are first pressed to supplie the want of men trained yet true it is that in respect their bodies are accustomed to hardnesse and labour they become oft times men of good seruice And some great Captaines and Generals also liuing a rurall life haue neuerthelesse performed their office with much glory as Fabritius Cincinnatus and others Martianus the great doctor did also reiect bondmen as persons improper and vnworthy the name of souldiers affirming it vnnaturall for him that was not his owne to serue any other master then him onely to whom he was bound And to say truely the mind of man vsed to slauery is base abiect and vnapt for the warre Yet hath it bene seene that in times of necessity those men haue bene employed For we reade how Marcus Antoninus the Emperour after the warre of Carthage trained a great number of slaues and made them fit for armes calling them volones And Sexâ—us Pompeius in the ciuil warre of Italy against the Romanes armed many bondmen Yet certaine it is that no slaues were receiued for souldiers vntill they had bene enfranchised and so was it decreed by Lucius Aemilius Paulus and Terentius Varro then Consuls And for asmuch as the name and dignitie of a souldier is honourable all persons hauing committed any infamous crime and thereof conuicted ought not afterwards beare armes Also because the warre requireth beautie and force in men no souldier should bee allowed that wanteth any member or limme of his person which moued the Emperour Domitianus and Nerua to decree that no childe should be gelded And Constantinus commanded that vpon paine of death no Eunuch should be made being perswaded that gelding did take from men the courage and viuacitie required in warre Yet was it allowed by the ordinance of the good Emperour Traianus that albeit a man were borne with one onely stone or by anie mishap did loose it yet might he by the lawe Militarie beare Armes for Silla and Cotta had naturally that imperfection Wee conclude therefore that some fort of Eunuches but no gelded man may beare Armes And histories doe make mention that the Enunch Narcete in the reigne of Iustinian expulsed the Goths out of Italy Likewise Eucherius a
of them promising and protesting to obserue fidelitie friendship and societie The Kings of Armenia and Hiberia to confirme peace betweene them consented the thombes of their right handes should be fast tied together which done then either thombe was stricken with a knife and the blood comming out they licked thereof in signe of mutuall loue But the Romanes did euer command that no peace should bee concluded without consent of the Senate and people For their custome was that whensoeuer peace was to be made the Praetor the Consul or Senate did deliuer vnto the Foecial a certaine herbe called Verbena or els grasse pulled vp by the roote and therewith some boughes of Verbena together with a flint stone taken out of the Temple of Iupiter Feretrius which done the Foecial caused a sowe to be brought into the market place and holding a scepter in his hand like vnto Iupiter and couering his head with a cloth crowned himselfe with a crowne of Verbena Which rites being ended he obtested and beseeched Iupiter and Mars and th' other gods that if any of the parties did faile to performe the capitulations that then hee should be striken and slaine like vnto the sow After which obtestation her body was cut with the flint then they cast vpon it water and fire and so the sacrifice was fully solemnized according to the verse of Virgil Antiqui coesa firmabant foedera porca Menippus in his answere to Quintus Lincius the Consul affirmed there were three kinds of treaties The first was where the victorious in warre did giue Lawes vnto him that was victored for he who was most potent in Armes may euer dispose of all things at his discretion The second was when the aduersaries being of equall force the peace was concluded aequo foedere that is with equall conditions and all things restored as they had bene taken and that he whose possession was by warre disturbed should be restored Of this kinde were treaties betweene Octauius Caesar Antonius and Pompeius and the conditions being signed and sealed were sent vnto Rome to rest in the custodie of the Virgins Vestall The third kinde of treatie is betweene those that neuer were enemies and notwithstanding do ioyne in league and amitie In that case if any of them were victorious or victored yet did they neither giue nor take Law th' one from th' other The Tartarians concluding any peace or treatie did sanctifie the same in this sort First they caused a Partizan a sword or other weapon of warre to be brought and thereupon they took an oath which done they dranke of the water wherein the Partizan sword or other weapon was washed pronouncing these words Quicunque pacta fraternitatem violarit aut contraeam violandam insurrexerit vel aliquid intentauerit à frameis incidendus occidendusque pereat ac tanquam aqua defluat ac euanescat The Lacedemonians confirmed their treaty with great sacraments protesting to obserue them iustly simply without fraud or deceit and renued the same yerely As therefore treaties of this kinde doe binde either party equally so are they both equally and lawfully conioyned in the obligation Truce is a peace for a short time to the end the enemie may take breath and be aduised Varro calleth truce an abstinence of Armes and as it were the holydayes of warre For albeit the fight ceaseth yet the warre continueth The terme of truce is neither more nor lesse but as the enemies shall agree Lucius Pontius Generall of the Samnits desired a truce for sixe houres onely The second truce betweene the Romanes and the Carthaginians was to continue for fifty yeeres The Vients also obteined a truce of the Romanes for an hundreth yeeres The first truce whereof we reade was taken in the reigne of Romulus when then Sabins made warre vpon the Romanes vnder Titus Tacius their king In which expedition certaine Ladies of Rome were imployed and conducted by Hersilia whose perswasion preuailed with those kings The nature of truce is such as during the continuance thereof the enemies without offending may meete and speake together It is also lawfull for euery souldier during that terme to goe and returne safe at his pleasure But here is to be noted that euery Treatie as well of truce as peace ought be faithfull and sincere and therefore I much disallow Cleomenes king of Lacedaemon who hauing concluded a truce for an hundred and thirty daies did neuerthelesse in the night spoile the enemies countrey alleaging the truce was made for dayes but not for nights which crafty construction ought be misliked Howsoeuer that were sure it is that no matter of State is of more difficultie then the assurance of Treaties and leagues betweene Princes and common weales either friends or enemies newters or subiects For some require onely mutual protestation or oath others demand ostages some would be possessed of townes and strong places and others would haue the enemy vtterly disarmed Yet experience hath proued that league to be best which is ratified by alliance and consanguinitie But this subiect ought be discoursed by doctors and expert polititians CHAP. 29. Of Licences and Pasports IN certaine causes and for some reasons Captaines Generall and other Commanders in the warre were wont to grant License vnto their souldiers to be absent from the armie or other places of seruice with allowance of time conuenient for their going and returne Yet true it is that such Licenses ought not to be giuen without earnest occasion and for good respects whereunto we will adde that meet it is that not onely souldiers but also horses ought to be restrained and seldome suffered to passe out of the Armie Neither ought any horse of seruice be employed in hunting hauking or other needlesse exercise for so was it decreed in the discipline of Augustus The Emperours Archadius and Honorius commanded all Captaines and Commanders to be warie in giuing License to souldiers chiefly when the enemie is at hand or when hee maketh incursion for at such times to giue License was accompted capital or if any souldier did absent himselfe from his Ensigne without leaue that crime was also punished by death Licenses are therefore to be rarely granted and for necessary considerations Yet no License may be denied when vrgent occasion so requireth which error Appius Claudius the Decemuir incurred when by his letters he required that Luctus Virginius might not be suffered to come vnto Rome fearing he would accuse him for the rauishing his daughter but by good hap Virginius departed from the Armie one day before the letter arriued there Howsoeuer that were yet true it is that no souldier of anie Armie well gouerned ought demand Pasport or License to depart at any vnseasonable time neither should any Captain condescend to license him which moued Hannibal after the taking of Saguntum in Spaine to proclaim that euery souldier occasioned to goe vnto his countrey or friends ought before he went to desire license Likewise by an Edict of Francis the
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
Other Historians haue noted that some triumphs haue continued more then one day As Titus Quintius Flaminius held his triumph of the Macedonians Grecians three dayes Likewise Suetonius triumphed foure daies in one moneth and Augustus triumphing of the Dalmatians Acciaci and Alexandria had three chariots for three dayes The Triumpher also vsed to carry in his chariot his owne children which custome Cicero seemeth to confirme in his Oration for Murena saying that Aemilius Paulus caried in triumph his sonne who within three daies after died Adrianus hauing obtained of the Senate to triumph he modestly refused it saying that honour was due to Traianus And so as a good Emperour he caused Traianus picture to be caried in the chariot fearing that after his death he should loose the honour of the triumph Marcus and Lucius Antonius being brethren and triumphing together they caried in their chariot the daughter of Marcus a yong virgin Commodus the Emperour a man of immodest maners and vnworthy of all Emperiall honour being returned to Rome caried in the chariot with him his vicious Anterus who being placed neere his person as he passed the citie he ofttimes kissed him publiquely Farre otherwise did Seuerus Afer who being victorious of the Parthians was offered the honour of triumph which he refused alleaging he was vnhealthie and therefore desired his sonnes might be set in the chariot to triumph in his place Thus appeareth it that the Romanes accompted no honor too much or too great for those that had in their seruice vertuously employed themselues After the triumphall chariot followed the chiefe prisoners bound Then came many captaines and souldiers wearing boughs of Lawrel in signe of victorie Being also perswaded that by vertue of that tree they were purged of mans slaughter Lawrell is also a cause of good fortune and a signe of prosperitie because it is euer greene and flourishing As Plinie writeth saying Laurus triumphis dicatur Caesarum Pontificumque sola domos exornat ante limina excubat Yet the same Plinie saith that in times more ancient he that triumphed did vse a crowne Etrusca of gold which by a seruant was caried and on his finger a ring of yron to signifie that the fortune of him that triumphed and his seruant was alike In this manner Caius Marius triumphed of Iugurtha yet in his third triumph he ware a ring of gold Tarquinius Priscus at his triumph ware a coate of gold as Plinie and others affirme One other custome the Romanes had and was no ordinance or law yet precisely obserued which is that whosoeuer in any ciuil warre had gained victorie how notable soeuer he should not be admitted to triumph because men therein slaine were Citizens and no strangers which was the reason that Nasica hauing vanquished Tiberius Gracchus and his folowers nor Metellus suppressing Caius Opimius nor Antonius defeating Catilina were admitted to triumph Neuerthelesse when Lucius Sylla had surprised the cities of Graecia and taken the Marian citizens he was allowed in triumphant wise to carie with him the spoiles gained in those places CHAP. 21. Of the diuers qualitie of Triumphs in Rome SOme Triumphs were full and entire others of lesse pompe and state they were called Ouanti But why they were so called writers doe not agree Triumphs absolute haue bene formerly discoursed Now are we to speake of meane or halfe triumphs Plutarch seemeth to thinke that who so in this kind triumphed did sacrifice in the Capitol a sheepe but he that was allowed a full triumph did offer a Bull. Dionysius sayth that Ouatio differeth from Triumphus by this meane He that entered the city Ouans had no chariot nor vsed any regal garment but marched with the Armie on foot Plutarch likewise writeth they ware in their Crowne no Laurel but Mirtle This kinde of Triumph was instituted in Rome in the yeere 253. ab vrbe condita Dionysius and Plutarch are not of one opinion why this sort of Triumph was called Ouante Yet this seemeth the cause Posthumius being Consul in his seruice of the warre proceeded coldly and sparing of blood Also in one other expedition before he fought most infortunately with losse of many men and by fleeing saued his owne person Other causes do seeme of this Triumph Ouante as if the warre was not iustly pronounced or the enemie of base reputation as a Pirate a bondman or a coward So as the victory obtained doth appeare vnworthy much honour Either els if the warre receiued end by word and no violence Or if the seruice were done in a forreine countrey by authority of another Prince or without lawfull autâ—ority Whether the Triumpher Ouante did enter the citie on horsebacke or foot is a question Another vse also the Souldiers had which haply will seeme strange that following the triumphall chariot oft times they vttered scoffes and iests against the Triumpher Such was the behauiour of Caesars folowers at his Triumph For among other speeches they vsed these words Gallias Caesar subegit Nicomedes Caesarem Ventidium Bassum Parthici triumphi die secuti milites decantarunt Qui mulos fricabat factus est Consul In Rome it was by law prouided that no Captaine should come into the citie before his triumph So saith Plutarch in the life of Paulus Aemilius We reade likewise all Triumphs were celebrated in Rome onely two excepted which seemeth strange For in those dayes Milan Aquileia and Constantinople were cities of great fame Papirius Cursor triumphed first in Monte Albano for his victory against the Corsi as Plinie reporteth And Papirius Maso not permitted to triumph in the citie he triumphed in Monte Albano Paulus Orosius the last that hath written of the Roman Empire saith that the number of triumphs in Rome is 320. CHAP. 22. In what order the Romanes triumphed THe first triumph in Rome was that of King Tatius Next to him Tarquinius Priscus the King triumphed But in what sort these Kings did triumph we cannot finde After the expulsion of the Tarquinij and the death of Brutus Publius Valerius the Consul triumphed Then with greater pomp and admiration the Dictator Camillus triumphed who sitting in a chariot drawen by two white horses entred the citie Which maner of triumph was neuer before seene therefore mooued much enuie Many yeeres after was the triumph of Papirius Cursor Dictator who triumphed for victorie of the Samniti Quintus Fabius also triumphed of the Galli Etrusci and Samniti Then followed againe the triumph of Papirius Cursor the Consul when he brought home the Armie from Samnio He furnished his triumph with many prisoners both horsmen and footmen with crownes Ciuicae Vallarae and Murales cariyng with him spoiles of the Samniti and leading many honourable captiues hee brought with him also two hundred thousand and thirtie three thousand pound weight of treasure All which money was deliuered into the treasurie and no part thereof giuen to the souldier With greater ioy the two Consuls Claudius Nero and Liuius Salinator triumphed for
lege perenni Deinde iterum ex alio faetu instaurata renasci Thus haue we heard the meanes of aspiring vnto honour and by what occasion the same is lost decayed But well I wot that vnto these reasons and examples produced to incite our English youth they answere That were they sure to attaine vnto the least part of that fortune these great personages and many others their inferiours haue come vnto then would they not feare to aduenture their labor and liues to the vttermost but because the paines and perils are certein the successe doubtful they thinke it more wisdome to Hunt and Hawke at home then hazard their bodies abroad or beate their braines about that which haply shall neuer turne them to profit This silly allegation compounded of sloth and pusillanimitie may easily bee refelled but rarely reformed notwithstanding for that I am vsed to loose my labour I will reply thereunto thus That seeing no reward is due before desert and that honour is the recompence of vertue it may not be looked for vntill some vertuous testimony be first shewed What Souldier is so simple as entring into pay wil at the first day looke to be made a Captaine or haue promise within fewe yeeres to become a Generall what Scholler will at his first comming to study demand the degrees due vnto Art or shortly after with little learning will challenge to be a Doctor Yet true it is that sometimes the simplest Archer doeth hit the marke which many an excellent shooter misseth yet hardly will any wise man bee brought to lay money on his side or hope of such successe Euen so in the attaining of Honor although fauour and fortune oft times preferreth the vnworthy yet the true way and most likely meane thereunto is true vertue and industrious life Wherefore concluding I say that euery noble and magnanimous mind doth not so much couet the reward of vertue as it taketh delight therein As the Poet sayth Propter se virtus petitur non propter honorem Ipsa licet propriè ac verè merâ—atur honorem THE FOVRTH BOOKE Of Precedencie and places due to great Personages Ciuil Magistrates and others of reputation The Contents of this Booke THe Prooeme Of Honour in generall Cap. 1. Of Honour in particular And with what Complements men are honoured Cap. 2. Of Ensignes Royall and Military Cap. 3. Of Emperours Cap. 4. Of Kings Cap. 5. Of Queenes Cap. 6. A Prince Cap. 7. An Archduke Cap. 8. A Duke Cap. 9. A Marquesse Cap. 10. An Earle Cap. 11. A Vicount Cap. 12. A Baron Cap. 13. Of Esquires Cap. 14. Of Gentlemen Cap. 15. How Gentlemen are to take place Cap. 16. Priuiledges anciently appertaining to Gentlemen Cap. 17. Of diuers dispositions of Gentlemen according to the humor of the Countrey wherein they inhabit Cap. 18. Of Kingdomes and how Kings are to precede according to the Councell of Constance Cap. 19. Of Magistrates Cap. 20. Of Officers and their Precedencie Cap. 21. Of Honourable places due to great Estates their wiues and children Cap. 22. The proceeding of Parliament Cap. 23. The placing of great Officers according to the Statute Anno 31. Hen. 8. Cap. 24. The Queenes Maiesties most Royall proceeding to Pawles Anno 1588. Cap. 25. Of Precedencie among persons of meane and priuate condition Cap. 26. Of Funerals and Order to be therein kept Cap. 27. Of Monuments and Epitaphes Cap. 28. The Prooeme ALbeit the rankes and places appointed to honourable Subiects ought euer to bee at the Princes disposition and pleasure for so do we find in sacred Scripture Hester cap. 6. Yet the Maiesty of our present Soueraigne hath euer consented that all noble personages Magistrates and others of dignity should precede according to order anciently vsed in the reignes of her most noble predecessors Howsoeuer it be true it is that in diuers ages and vpon diuers considerations some alteration hath bene As sometimes the Prelates haue taken place before Princes and all other Lords and some other times the Temporall Lords and Officers did march next vnto the King In some other time the chiefe precedence was giuen to Dukes Marquesses and Earles without respect vnto the Kings blood his Alliance or fauour So as no absolute order or precise rule hath bene on that behalfe obserued and is the cause that questions and confusion do oft times arise at the assembly and meeting of great personages and others of dignitie and reputation For auoiding of which inconueniences it may please her royall Maiestie by princely power and sacred wisedome to signifie her pleasure on that behalfe to the end that persons of dignitie Magistrates Officers and other subiects of qualitie may be martialled and ranged accordingly For as good order is an ornament of great excellencie so confusion causeth discord and is the roote of many most dangerous questions which moued the Philosophers to say that the losse of worldly wealth is lesse grieuous to men of generous minde then the priuation of place and honorable estimation If then order in precedencie be a matter of so much consequence among persons of reputation great heede and râ—gard ought bee had thereunto to the end that Princes Prelates Magistrates Officers Ministers and all other of honourable and honest qualitie should take due places without preiudice to their superiours or equals For so great is the force of ambition as oftentimes priuate ostentation seeketh to put backe true dignitie and impudent presumption presumeth to step before vertue honour and honourable merit CHAP. 1. Of Honor in generall HOnor saith Cicero is the reward of vertue and infamie the recompense of vice whoso then desireth to aspire vnto Honor it behooueth him to come thereunto by the way of vertue which the Romanes couertly expressed in building the Temple of Honour so as no man could passe thereunto but first he was forced to goe through the Church dedicated to Vertue But because the greatest number of men are not well informed what Vertue meaneth it shall bee expedient to say that Vertue is a good habite and true perfection of reason whereunto whoso will attaine it behooueth him to consider what and how many the morall Vertues are chiefly those fewe of the which the rest haue dependance Therefore to begin with that which of all others is most necessary for preseruation of humane societie I say that Iustice is a vertue which enformeth euery man to rest contented with so much as to him appertaineth and giue to all others that which to them belongeth This is it which conserueth peace and whereof men be deseruingly called Good Next therunto we thinke Temperance or modestie ought to accompanie euery wise man and chiefly him that hath authoritie ouer others For no man there is that can rightly iudge howe to direct the maners of other men that knoweth not first how to gouerne him selfe The rule whereof is this vertue of Temperance which teacheth a moderation of hope and feare and of ioy and sorow with euery
the person of the Emperor and King of Romanes two Popes for one died there fiue Patriarches three and thirty Cardinals fourtie and seuen Archbishops a hundreth forty and fiue Bishops and 83. Suffragans Thirty and nine Dukes Thirty and seuen Earles being absolute Princes An hundreth and thirtie inferior Earles Seuentie and nine free Lords or Barons Knights of all Nations fifteene hundred Gentlemen twentie thousand besides Doctors Licentiats and Scholemen infinite For the King of England appeared Richard Beauchamp Earle of Warwick with him were foure Bishops viz. Sarisbury Chester Bathe and Bangor Sarisbury died during that Councell and liuing tooke his place aboue all other Bishops as an Archbishop and for the time was placed last in the ranke of Archbishops The Earle of Warwicks attendants were as followeth Hurting de Clough Knight Iohn Waterton Knight Iohn Seton Knight Piers Craft Knight Iohn Roch Knight Iames Hermford Knight Beringer de Beaumont Knight Gentlemen Nicholas Serpon William Newland Geffrey Offley Walter Hungerford Hugh Holdbach Iohn Fitton Thomas Wileot Richard Dutton Oliuer Dunley Petrs Craft Iohn Lantsdon Iohn Roche Thomas Fanhes William Newland Iohn Merbory Iohn Otlinger Ralfe Rainscroft Henry Vessey William Vessey Scholemen of Cambridge Henry Abundy Iohn Wells Iohn Sheirford Doctors in Diuinitie Thomas Palton Robert Appleton Iohn Stokes Ciuilians Scholemen of Oxford The Lord Prior of Orsestry Peter Rodley Priamus Farbach CHAP. 20. Of Magistrates NExt vnder Emperors Kings and Princes Souereigne are foure degrees of Magistrates Some are called Magni and Illustres Some are Medij and Spectabiles Some are Minimi and Clarissimi And some are Infimi The first may be named Magistrates souereigne as they who acknowledge no superior but the Maiestie of the Prince The second are they that yeeld obedience to them and command other Magistrates their inferiors The latter two are such as cannot command any Magistrate but haue power only ouer particular subiects within the limits of their iurisdiction Touching the first that haue authority to commaund all other Magistrates and acknowledge no superior but the Prince they are fewer at this day then heretofore Yet certaine it seemeth that some Romane Emperours authorized one Magistrate or Lieutenant without any companion to command all other Magistrates of the Empire and to him all Gouernours and Magistrates did appeale Which Magistrate they called Praefectus Praetorio True it is that at the beginning he was of no greater quality then Captaine of the Legions Praetorian as Seius Strabo vnder Augustus and Seianus vnder Tibertus vntill other Emperors succeeding by litle and litle encreased their authority as in the end the Praefectus Praetorio became Lieutenant generall and iudge of all questions and causes whatsoeuer by which occasion that office was giuen vnto men learned in the Lawe as Martian vnder Otho Papinian vnder Seuerus and Vlpian vnder Alexander All which came to passe before Armes were diuided from lawes and Iusticers from Captaines Afterwards this great office became imparted vnto two and sometimes three persons purposely to abridge the excessiue authority of one But touching the Precedencie of Magistrates albeit they cannot aptly be ranged with those of the Empire yet may they in some sort be placed according to the dignitie and degrees of those titles which the Romanes anciently vsed And touching their authority it shal not be amisse to know that a Magistrate is an Officer hauing power to command in the common weale among whom in the Romane Empire the Praefectus Praetorio was the chiefe hauing authority aboue all other Officers to whom also euery one did appeale To this Praetor or Praefect we may compare the Grand Mayor du Pallais in France who in times past did in that kingdome beare chiefe office To him also in some sort we may resemble the high Seneschal of England vnder King William the Conqueror and other Kings his successors These Magistrates might therefore bee reasonably called Illustrissimi chiefly in the Kings absence For sure it is that in presence of the King all power of Magistrates and Commissioners also doth cease For during that time they haue no authority of commandement either ouer other subiects or other Officers their inferiors But this mighty Magistrate is no more either in England or France yet during their authoritie they were called Illustrissmi which title signified a certein preeminencie aboue all Magistrates that were Illustres either Honorarij or Administrantes Nam accidentia denominant Subiectum Next to these Illustrissimi or Maximi the chiefe place of Precedencie is due vnto those whome we called Illustres and among them the L. Chancellour is chiefe etiam in dignitate impari as one whose excellent vertue ought be preferred before all other officers Likewise the Lord high Constable or Lord Marshall is a Magistrate Illust. the Lord Treasurer Admirall of England the Lord Chamberlaine and all others of the Kings priuie Councell may assume the title of persons Illust. or as we commonly call them right Honorable So saith Cass. It seemeth also that Doctours who haue read in schoole the space of twenty yeeres may be called Illustrissimi as Purpuratus noteth To these Illust. or right Honourable personages the lawes Emperiall haue graunted many great priuiledges as the same Barthol discourseth After these the Magistrates whome we formerly called Spectabiles and may in our tongue be tearmed Honourable ought to follow as commanders in Armes Iudges Gouernours or Lieutenants Generall of Prouinces and Cities c. The fourth place appertaineth to them that anciently were named Clarissimi or Right worshipfull who are inferiour Iusticers and Ministers Colonels Captaines and meane Officers c. Lastly are they whome the Romanes intituled Infimi and in English Worshipfull as Captaines of particular Castles Iudges in Townes corporate where no action is triable aboue 3000 shillings Note here that euery Magistrate is an Officer but euery Officer is not a Magistrate and of all Magistrates the Lord Chancellor hath euer had precedence not onely in England and Fraunce but of all anciencie in euery other place for read we may that Eginardus who wrote the life of Carolus Magnus was his Chancellor Likewise Tribonianus was Chancellor vnto the Emperor Iustinian Iosaphat was Chancellor to King Dauid 2. of Kings Vlpianus to the Emperour Alexander Seneca to Nero and in France the Chancellor hath so great preheminence as he precedeth the Constable vnlesse he be the Kings brother or his sonne For the better memory of the degrees aforesaid Lucas de Penna speaking of titular dignity hath left these verses vnderwritten Illustris primus medius spectabilis imus Vt lex testatur clarissimus esse probatur Et superillustris praeponitur omnibus istis CHAP. 21. Of Officers and their Precedencie OFficers seruing Princes are of diuers sorts among which some doe attend the Princes person others haue charge of his Treasure some are ministers of Iustice and some are commanders in warre For the better conceiuing of our intention therfore and the order of that which