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A11862 The booke of honor and armes Jones, Richard, fl. 1564-1602.; Segar, William, Sir, d. 1633, attributed name.; Saviolo, Vincentio. 1590 (1590) STC 22163; ESTC S116992 81,597 191

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of the weapon cap. 7. How manie waies victorie is gained cap. 8. What was ancientlie due vnto such as were victorious in publique Combat cap. 9. The third Booke WHat sortes of men ought not bee admitted in triall of Armes cap. 1. Whether a Bastard may challenge a Gentleman to Combat cap. 2. Of restitution of Honor. cap. 3. Of the disequalitie of Gentlemen cap. 4. Of Iniurie done with aduantage cap. 5. Of Iniuries euill offered cap. 6. Of Satisfaction cap. 7. What satisfaction is to bee giuen vppon an Iniurie by deedes cap. 8. Other meanes of Pacification and composition cap. 9. Of satisfaction to be giuen vpon words cap. 10. How the giuing of satisfaction is a thing not reproachfull cap. 11. The fourth Booke OF Nobilitie accompanied with great dignitie cap. 1. Whether a King may challenge an Emperour to Combat cap. 2. Whether a quarrell betweene two Emperours may be decided by particular Combat cap. 3. Of the equalitie and disequalitie of great Nobilitie and of the priuiledges due vnto all men professing Armes cap. 4. Certeine Questions Opinions and Iudgements vpon accidents happening in trialls and exercises of Armes cap. 5. Of the honor gained or lost by being disarmed in sundrie places and of sundrie peeces cap. 6. Of honor gained or lost by the hurts giuen or taken in Combat for life or in Triumph cap. 7. Of Iusts and Turniamens and how the accidents in such exercises are to be iudged cap. 8. The manner of Combats as they were auncientlie tried in England cap. 9. Certeine Combats for life graunted by the Kings of England cap. 10. Certaine Combats for Triumph and Honor performed before the Kings of England cap. 11. The ceremonie appertaining to deliuerie of Prizes at Iusts Turniaments before the King cap. 12. The fifth Booke OF what qualitie a Gentleman professing Armes ought to be cap. 1. Of Knighthood cap. 2. Of the originall of Knighthood giuen as dignitie and what Princes haue authoritie to make Knights cap. 3. The Ceremonie at the making Knights about the yere of our Lord 1020. cap. 4. The Ceremonies at the disgrading Knights in those dayes cap. 5. How manie degrees of Knighthood haue been of them how manie are yet extant cap. 6. Of the Order of the Garter cap. 7. Other degrees of Knighthood in England cap. 8. The order of the Toson and originall thereof cap. 9. The order of S. Michael cap. 10. The Order of the Anunciata cap. 11. Knights of the Band. cap. 12. Knights of S. Iago cap. 13. Knights of Calatraua cap. 14. Knights of Alcantara cap. 15. Knights of Montesio cap. 16. Knights of Redemption cap. 17. Knights of S. Iohn in Ierusalem of some called Knights of the Rhodes and now Knights of Malta cap. 18. Knights Teutonici cap. 19. Knights of the Sepulcher cap. 20. Knights of S. Marie cap. 21. Knights of S. Lazaro cap. 22. Knights of S. Steuen cap. 23. Ceremonies in degradation of Knights cap. 24. The Authors Intention cap. 25. The Authors Conclusion cap. 26. FINIS THE BOOKE OF Honor and Armes VVhat a Combat is and the originall thereof CAP. 1. A COMBAT is a single fight of one man against another for trial of truth either els of diuers men as two foure sixe tenne or more equallie and indifferentlie agreed vppon to fight on horsbacke or foot without aduantage in number of persons or disequalitie of weapons These kind of fights seeme to be first vsed of great Princes who desiring to end publique Contention and warre did mutuallie consent to determine the same by their owne priuate vertue and aduenture of life as did Golias and Dauid the Horatij and Curiatij with diuers other who fighting onlie in person for the publique cause therby saued the effusion of much bloud and the liues of many most worthie Captaines and valiant Soldiers And albeit the cause and occasion of these Combats was publique respect yet each particular Gentleman or other person professing Honor and Armes ought sufficientlie bee moued therevnto for defence of his owne particular reputation which respect and haplie also some publique occasion mooued the Combat of Aeneas with Turnus of Menelaus with Alexander of Pulfius with Varenus of Robert Mountfort with Henrie Earle of Essex in England yea Kings and Princes haue of late time done the like as Charles the third King of France with the King of Hungarie Alfonso King of Spaine with Richard Earle of of Cornwall and King Alfonso with King Ranier These particular fights were first vsed among the people called Lombardes as appeareth by the lawes written by Aliprandus one of the Kings that gouerned that Nation yet true it is that the Combats of those People and in that Age were tried with no other weapons but onelie certeine shields and staues of wood vnlesse it were for cause of infidelitie Neither seemeth it that the chiefe occasion of their fight was respect of Honor nor that the vanquished should become dishonored or Prisoner vnto the vanquisher as since hath been vsed Of the order of challenging and defending CAP. 2. FIrst is to bee considered that all Iniuries are either by words or by deeds and that in euerie Iniurie by words the Iniurer ought bee the Challenger but in an Iniurie by deedes the Iniured ought to challenge as for example Simon saith to Austen thou art a Traitor Austen answereth Thou liest then doth it behooue Simon to mainteine his words and consequentlie to challenge Austen to the Combat An Iniurie by deedes is thus Simon giueth a hurt a cut or other violence vnto Austen whereat offended he saith Thou hast done me offence violence iniurie or such like speach Simon answereth Thou liest Then behoueth it that Austen do challenge Simon and force him by fight to mainteine the hurt he offred Wherfore as a rule or maxime in matter of Honor it is speciallie to be noted that whosoeuer is truelie and lawfullie belied must of force become Challenger to mainteine that he spake or did and wherevppon the Lie is giuen him And although some men rather to shewe the dexteritie of their wits than the valour of their mindes will at such occasion vse many superfluous words whereby further speach of offence doth followe and so take opportunitie to giue the Lie vnto whom the hurt by hand was giuen yet the true and precise reason of Honor is that he who gaue the blowe hurt should without further dispute be challenged vnlesse he denie the doing thereof with offer of satisfaction Thus appeareth brieflie that whosoeuer is lawfullie belied ought by Armes to challenge mainteine and proue that which he affirmed or did in preiudice of the honor or person of the Iniured For what cause the partie belied ought to challenge and of the nature of the Lie CAP. 3. FOr so much as in ordinarie triall by lawe and ciuill Iudgements whosoeuer standeth accused by deniall of such accusation is free from condemning vntill further proofe be made euen so in euerie imposition by speach contrarie to
them the great Antiochia before which they begun the siege the 20. of October and tooke it the last of May following where they found Corbona King of Persia and Cassiano Lord of Antiochia Neere vnto that place in one other conflict were slaine more then an hundred thousand Turkes with the losse of foure thousand of ours The cause of this victorie was in that time of Superstition imputed to the vertue of a bloudie Launce found in Antiochia which they supposed to bee a Speare wherewith Christ was wounded on the Crosse. It was also said that the Turks did see or imagine to see as they reported another great Armie comming against them from the Mounteines conducted by three Capteines mounted vppon three white horses the beholding whereof occasioned their flight This victorie being had a Nauie ariued frō Genoa and from Venice Also with them came certeine ships conducted by one Vymer of Bullein in Picardie a notable Pirate who repenting his former life determined to followe that honorable action The Christian forces thus increased they marched towards Ierusalem and besieged it And notwithstanding the Citie 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 said Peter as the chiefe procurer of the enterprise was highlie honored and Godfrey Duke of Lorayn elected King of the Holy land But to returne vnto the originall 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 Sepulcher of Christ and there builded an house calling it the Hospitall of Christians whether all other Christians dailie resorted After that the number of Christians increasing they builded another house for women calling it S. Mary Magdalens And at length they made a third house and called it S. Iohn Baptists where for the keeping of good order they appoynted an Officer whom they called Rector Sometime after was elected vnto that Rectorship a Gentleman called Gherardus who commaunded that he with all others of that house should weare a white Crosse vpon a blacke garment which was the originall of the Order and euer since hath been vsed Afterwards one other Rector or great Master was elected whose name was Raimondus to whom authoritie was giuen that he should gouerne and commaund all the Knights of this Order wheresoeuer they were dispersed Many yeares after these Knights conquered the I le of Rhodi holden by the Turkes Anno 1308. which was the cause they were called Knights of Rhodi And diuers Princes seeing them Martiallie enclined gaue vnto them great lands and possessions they became greatlie esteemed for their seruice chieflie against the said Turkes and the Soldan King of Egipt and Ierusalem The said I le of Rhodi during those Knights inhabited there was foure times assaulted yet by Gods helpe with the valiancie of the Knights it was defended Then Mahomet Ottoman Emperour of Turkie Anno 1480. with an excessiue force of men and an hundred sailes of Gallies conducted by a Bassa borne in Greece discended of the rase of Paleologhi sometime Emperours of Constantinople did besiege it but after 89. daies of continuall batterie they were forced to abandon the enterprise and for their farewell in the last assault the Knights slewe more then fortie thousand Turkes But in the yeare 1523. in the moneth of Ianuarie the Turkes againe inuaded that Iland and after three moneths siege preuailed for the rest of Christendom neuer vouchsafed them either aide or reliefe Since the losse of Rhodi these Knights haue remained in the Iland of Malta and often defended it against the enemies of Christendome but chieflie in the yeare 1565. The first erector of Statutes and rules for the gouernment of these Knights was the said Raimondus calling himselfe Raimondo di Poggio seruo di poueri di Christo è custode dello spidale de San Giouanni Battista di Hierusalemme No man might be receiued into this Knighthood vntill he had prooued his gentilitie in presence of the great Master and other Knights Nor no man discended of a Moore a Iew or Mahometan might bee admitted although he were the sonne of a Prince And euerie Knight of this Order was sworne to fight for the Christian faith doo iustice defend the oppressed relieue the poore persecute the Mahometans vse vertue and protect widdowes and orphants Diuers other Articles there bee but for that they are full of Superstition I omit them The originall of the Knights Teutonici CAP. 19. THese Knights do not much varie from the former for their custome is to intertein Pilgrimes and at occasions to serue in warre The beginning of this Knighthood was a certeine Almaine who after the taking of Ierusalem by the Christians together with diuers others of that Nation remained there This Almaine being exceeding rich and married kept a franke and liberall house relieuing all passengers and Pilgrimes that trauailed to Ierusalem in so much as his house became as an Hospitall or place of ordinarie accesse At length he builded neere vnto it a faire Church which according to the vse of that time he did dedicate to our Ladie Not long after many Christians resorting thether as well for loue of the Christian religion as to visite the sicke they resolued to erect a fraternitie and hauing chosen a great Master to bee Gouernour ordeined that euerie man of that assotiation should bee apparelled in white and vpon their vppermost garment weare a blacke Crosse. It was also agreed that no man should bee admitted into that Order saue onelie Gentlemen of the Dutch Nation and they to protest at all occasions to aduenture their liues in defence of Christes Gospell About 88. yeares after Ierusalem had remained in the Christians hands it was taken againe from them by the Saracens in the yeare 1184. since which time it neuer was recouered For which cause these Knights retired to Tolemaida where they remained At length Tolemaida being also taken by the Saracens they returned into Germanie their naturall countrie Where after some short abode as loathing rest and idlenes they went vnto Frederigo the second then Emperour in the yeare 1220. to let his Maiestie vnderstand that the people of Prussia vsed incursions vpon the confines of Saxonie adding that those people were barbarous Idolaters without the knowledge of God and therefore besought his Maiestie to grant them leaue to make warre vpon them at their owne charges yet with condition that whatsoeuer they gained his Maiestie would giue the same to the maintenance of that Order and they the Knights to be the Lords thereof for euer The Emperour allowing of that suite presentlie granted them the Countrie and vnder his seale confirmed the gift These Knights by this donation much incouraged forthwith tooke Armes and within short space subdued al that Prouince and then passed the riuer of Vistola and conquered other people who became their subiects
thou liest This manner of Lie not being giuen vpon any matter certeine or words speciallie repeated is to none effect and therefore if hee who giueth such a Lie intendeth to make a iust quarrell it behoueth him to set downe in writing the verie words whervpon he giueth the Lie For besides that such lies doo not bind the aduerse partie they are also perilous and apt to be returned I say therfore that forsomuch as a Lie generall is of small effect therwith fit to bee wrested against the giuer thereof it ought of all Gentlemen to be vtterlie refrained Of Lies speciall CAP. 8. LIes speciall are those which are giuen vnto speciall persons and vpon expresse and particular matter as for example Gregorie thou hast said that vpon the day of Battaile at Grauling I abandoned mine Ensigne and charge for which saying thou hast lied This is that Lie which as is before said I call a Lie certein lawful yet is it to be intended that he who giueth this Lie either by word or writing ought first to be enformed fullie and haue sufficient proofe and witnesse of that he saith so as the same cannot be denied For wanting due proues he to whom the Lie was giuen may answere that I lie in charging him with such words as he neuer vttered and in that case it shall behoue me to proue the reproach wherewith I haue charged him but if hee cannot denie that wherewith he is charged then must he either mainteine his speach or confesse the fault Here is to be noted that in such quarells wherein manifest falshood and vntruth appeareth no Prince ought to permit any Combat neither ought Gentlemen be ashamed in such cases to refuse the fight because it is a thing more honorable for respect of reason to refuse Combat than performe the same without cause or obligation Seeing then that this sort of Lie whereof we presentlie entreate is onlie true and lawfull therefore it behoueth Gentlemen and all others professing Honor and Armes therewith to giue repulse vnto such iniuries as are offered and desiring to shewe the cause of their offence either by word or writing they must so plainlie and sincerelie set downe the intent thereof as no part of the affirmation can bee either denied or wrested to other sense than it was vttered or written whereby afterwards no doubt shall arise who ought to challenge and who to defend Of Vaine Lies CAP. 9. THe simple ignorant sort of men perswading themselues that he vnto whom the Lie is giuen doth thereby lose the election of the weapon therefore ignorantlie and foolishlie they giue the Lie before they either knowe or aske the question wherefore they so doo as thus If thou wilt not say I am an honest man thou liest in thy throate the follie of which speach doth plainlie appeare For seeing the Lie is nothing els but an answere in this the order of nature is changed the answere vttered before the question asked Another sort of ignorant quarrellers are that will say thus If any man hath said euill of me hee hath lied and if hee will denie to haue so said hee also lieth This sillie sort of quarrelling may likewise be called a Lie foolish and vaine for hee who shall vse such words doth thereby take vppon him both to propound and to answere and consequentlie performe the office aswell of Defender as Challenger Another sort of these Vaine lies are thus offered Simon meeting with Lewes saith Draw thy weapon and I will presentlie prooue thee a Liar and a Varlet Or if thou wilt not drawe then art thou a Varlet also This maner of Lie is without foundation cause or reason therefore meete to be laughed at Others there are who being charged to commit dishonest actions do for the present time depart without making either deniall or answere but after hauing assembled a number of friends weaponed with aduantage saith to him that charged him Thou liest which manner of doing is also cowardlie and foolish For as euerie accusation or imputation ought be done without aduantage euen so euerie answere without aduantage ought be vttered Also euerie Iniurie offered in presence should likewise in presence be answered and if in absence any such wrong bee done in absence an answere may be made Finallie vnto matter of iniurie in writing the answere ought bee framed in writing yet is it reason that if a man armed or accompanied doo offer euill speach or violence to him that is vnarmed and alone in that case it shall be lawfull to make answere at time more conuenient But if so be that any man finding and knowing me better armed accompanied or prepared than himselfe will neuertheles offer me iniurie in that case it is lawfull for me by words or deedes to repulse the iniurie and bee reuenged notwithstanding mine aduantage because it was his follie to offer offence seeing my strength But Gentlemen should euer so doo as the Lie may be no lesse or more honorablie giuen than the iniurie was offered One other aduantage in offering iniurie may be in this sort If any man shall offer the same in place of priuiledge or in presence of the Prince in that case it hath been thought fit that no Lie or other repulse should be Neuerthelesse it seemeth reasonable that if it pleaseth the Prince to know that I am in his presence or Court iniuried that it may also please him that I may desend my selfe Yet true it is that in such places it becommeth the Iniured to temper his answere and vse words of reuerence and the rather if he who offereth the iniurie bee a person of more respect and fauour with the Prince before whom the iniurie was offered Howsoeuer it be I take not vpon me to informe what ought in such case to bee done but tell mine opinion as that which I thinke to bee honorable whereunto I adde that wise Princes wil more patientlie indure the repulse than the offer of Iniurie in their presence VVhether to a man Iniured in presence of a Prince it sufficeth to answere in presence of priuate Gentlemen CAP. 10. HAuing in the former Chapter spoken of Iniurie offered in the Princes presence it seemeth not vnnecessarie to knowe how such offence is to be repulsed or reuenged For as it is not easie to haue opportunitie to make repulse before the Prince so were it also fit to vse respect before persons of so high estate calling as heretofore hath been alleadged But for the more btiefe deciding of this question I will onelie produce the censure of Don Francisco Maria Duke of Vrbin which was to this effect That Princes either through their attention to other weightie affaires or their seldome experience in trial of Armes were no lesse or more ignorant than other Gentlemen of meane reputation And therefore concluded that to an Iniurie offered in the presence of a Prince it sufficed to make answere before priuate Gentlemen as persons vnto whom the
vnderstood of Ambassadors who in regarde of the place they holde may during their Commission repulse the challenge of any Gentleman or other subiect whatsoeuer A Soldier baselie borne hauing liued in continual exercise of Armes by the space of tenne yeares without committing any disobedience or other reproachfull act ought be admitted to fight with any Gentleman borne A Gentleman who either by his owne fault or his Auncestor hath committed any treason against his Prince may bee repulsed to fight with any other Gentleman vnlesse the said offender or his Auncestor were restored in bloud or is in discent three degrees from the Auncestor that was attainted A Gentleman that is knowne a Spie for the Enemie or bewraieth the secrets of his owne Princes Campe abandoneth his Ensigne or committeth any other Militarie offence may be repulsed to fight with euerie other Gentlemen of good fame reputation And by the ancient custome men blotted with such note might not liue in any citie or towne where the Emperour or other Prince remained A Gentleman that hath made profession of Armes by the space of twentie yeares in the Court or Camp of his Prince without infamie or reproach may notwithstanding he be dismissed retired or cassed fight with any other Gentleman that liueth in present Pay and exercise of Armes A Gentleman hauing aspired vnto any title or dignitie and is either in respect of age or infirmitie retired to his owne house ought neuerthelesse to enioy all his honors and shall be euer without committing dishonorable fact reputed worthie the honor he receiued in Court or Campe and fight with any other Gentleman whatsoeuer An Artificer following the Campe and exercising his Arte or Mysterie notwithstanding he bee also in Pay may bee repulsed to fight with any priuare Soldier that maketh particular profession and exercise of Armes No man vnder the degree of a Gentleman ought be receiued or allowed for a man at Armes on horsebacke for by the Emperiall lawes the Regiment of Launces was called Equestris ordo and they whom we call Light horsemen were named Celeri Certeine Questions Opinions and iudgements vpon accidents happening in trialls and exercise of Armes CAP. 5. 1 IF two men at Armes doo couenant to fight on horsebacke and runne tenne courses with sharpe Launces and that hee who worst performeth those courses should be iudged victored prisoner to the other It happeneth that at the second course the one of them falleth from his horse and sodeinlie recouering to horsback offereth to performe the rest of the courses The question is whether it be lawfull for him so to doo or by the fall be reputed a prisoner Whereunto is answered that in a Challenge for life and death no man ought bee accompted vanquished vnlesse he bee slaine or forced with his owne mouth to yeeld or denie those words wherevpon the quarrell groweth yet otherwise it is when the Challenge or Combat is for Honor onlie loue of Ladies or exercise of Armes because in that case notwithstanding the Runners bee determined vpon a certeine number of courses yet if at the first or after before those courses bee all performed any of them doo fall he that receiueth the fall shall lose the honor and the other depart with victorie 2 Two Gentlemen being come into the field to fight for life the one in fighting happeneth to fall the other presentlie sitteth vpon him and saith yeeld thy selfe he that lieth vnder saith like words and therewith woundeth his enemie lying vpon him who feeling the griefe mortall striketh the other in the throate he that was first falne ariseth and walketh shortlie after they both die the question is which of them ought to be iudged victorious Albeit no dead man can require iudgement of victorie yet to the end the honor due vnto the victorious may be in signe of his valerous merit bestowed and the spoyles of the vanquished laid vnder his Ensigne thus it is said He who first had the bodie of the enemie in his power and vnder ought be reputed victorious yet may it be alleadged that the other who gaue the first mortall wound ought haue the victorie because the time thereof not the time of death is to bee considered Others are of opinion that the longer liuer ought to haue victorie and some affirme that if the Challenger gaue the first wound whereof death ensued although himselfe did first die yet had he performed his part and deserued most praise Some also doo thinke there is no iudgement can bee giuen but that the matter should lie dead Howsoeuer it bee I leaue the same to more learned Doctors and better experienced Knights 3 Two Gentlemen being on horsebacke the one challengeth the other the fight being begun the Challenger alighteth killeth his enemie the Question is whether he may so lawfullie doo Thereunto is answered That if the Challenge were for triall of Honor Triumph or sport on horsback then is no honor due to him that thus killed his enemie for that neither of the fighters ought to bee on foote but in a Combat for life it is otherwise Sith then it is lawfull aswell for the one as the other to take and vse all meanes aduantages and subtilties that can be inuented 4 Two Gentlemen capitulate to fight on horsebacke that he who first falleth shall be vanquished At the first encounter they fall both at one instant question is which of them ought be victorious To this case may bee answered that forsomuch as the Challenger is not onelie to defend himselfe but also offend winne victorie now falling euen with the Defender he thereby ought be accompted victored for in all doubtfull causes the Defender is most to be fauoured Others are of minde that seeing the fall of the Challenger might proceede of his owne force not the vertue of the enemie the iudgement ought lie dead But the true decision of this question is thus If the Combat were for triall of Vertue Loue or Prize then ought the Challenger to lose the honor but if the same were for life then ought the fight to be performed in one other day by consent of both parties because in Combats of that kinde no victorie is gained vntill one of the fighters bee either slaine or yeelded or hath with his owne mouth denied the words wherevpon the Combat was occasioned 5 Two Gentlemen determined to fight on horsebacke for life the one ouerthroweth the other being downe the enemie commeth vpon him he that is vnder saith I yeeld and at the same instant with his dagger striketh and killeth him that is aboue the question is which of them ought be pronounced victorious Thereunto is said that forsomuch as the words and deedes of him that liueth were said and done at one instant being of contrarie effect the iudgement ought haue relation vnto the deedes for oft times words are vttered diuers from the intent of that is done But if so be a man doth say I yeeld and he
alone sitting downe before the King as his Vicar generall send his Liutenant to the Challenger to come vnto him and the Marshall with his Liutenant did accompanie the Defender The Conestable thus set did pronounce this speach with a loude voyce Let them go let them go let them go and doo their best Vpon which words pronounced in the Kings presence the Challenger did march towards the Defender to assaile him furiouslie and the other prepared himselfe for defence soberlie In the meane time the Conestable and Marshall with their Liutenants stood attentiue to heare and see if any words signe or voyce of yeelding were vttered by anie of the Fighters and also to bee readie if the King should command the Launces to bee let fall to depart the fight The Conestable and Marshall did also take regard that the Challenger and Defender should appeare at the day and houre appoynted whether the quarrell were for treason or otherwise The Conestable did likewise measure the weapons of the Combattors and also search whether they had about them any engin or other vnlawfull things as Charmes or Inchauntment yet was it lawfull both for the Challenger and Defender to bee aswell and surelie armed as they could And if any of them would haue his Sword shorter than the Standerd yet was not the other bound to haue his cut to that measure if he required that fauour of the Court But if either the one or the others Sword passed the Standerd then was that inequalitie to be reformed or if they were both ouerlong both ought be reformed It had been also in more ancient time vsed that the Conestable and Marshall should foresee that if the Kings pleasure was to depart the fight and suffer the Fighters to rest before the Combat ended that they should bee parted in due time when no aduauntage were Likewise that they should take heed that none of them should priuatlie speake vnto the other of yeelding or otherwise For vnto the Conestable and Marshall apperteined the witnessing and record of all things And in case the Combat were for question of treason he that was vanquished should bee foorthwith disarmed within the Lists by commandement of the Conestable and the Marshall The said Armour and weapons of the vanquished in one end of the Lists was defaced in his disgrace and after the same was drawne out together with his horse From thence also the man vanquished was drawne vnto the place of execution to bee there headed or hanged according to the custome of the Countrie The performance of all which punishment apperteined onlie to the Marshall who ought see all things done in his owne presence And in case the Challenger did not vanquish his enemie then ought he suffer the same paines that are due vnto the Defender if he were vanquished But if the quarrell were vpon a crime of lesse importance the partie vanquished should not bee drawne vnto the place of execution but onelie led thether to receiue death or other punishment according to the custome and qualitie of the matter If the Combat were onelie for triall of vertue or honor he that was vanquished therein should be disarmed and put out of the Lists without further punishment If it happened that the King would take the quarrell into his hand and make peace betweene the parties without longer fight Then did the Conestable leade the one and the Marshall the other of the fighters out of the Lists at diuers gates armed and mounted as they were hauing speciall regard that neither of them should go the one before the other For the quarrell resting in the Kings hand might not bee renued or any violence offered without preiudice vnto the Kings honor And because it is a poynt verie speciall in matters of Armes that he who leaueth the Lists first incurreth a note of dishonor therefore to depart the Lists in due time was euer preciselie obserued were the Combat for treason or other cause whatsoeuer It is also to bee remembered that without the principall Lists were euer certeine Counterlists betwixt which two the seruants of the Conestable and Marshall did stand There stood also the Kings Seriants at Armes to see and consider if any default or offence were committed contrarie to the Proclamation of the Court against the Kings royall Maiestie or the lawe of Armes Those men were euer armed at all peeces The seruants of the Conestable and Marshall had charge of the place and good order thereof The Kings Seriants tooke care to keepe the gates of the Lists and be there readie to make arest of any person when they should bee commanded by the Conestable or Marshall The fees of the Marshall were all Horses peeces of Armour or other furniture that fell to the ground after the Combattors did enter into the Lists aswell from the Challenger as the Defender But all the rest apperteined to the partie victorious whether he were Challenger or Defender The Barres Posts Railes and euerie other part of the Lists were also the fees of the Marshall Certeine Combats graunted by the Kings of England CAP. 9. EDmond of the rase of West Saxons fought in combat with Canutus King of Denmarke for the possession of the Crowne of England In which fight both the Princes being wearie by consent departed the land betwixt them Anno. 1016. RObert Mountfort accused Henrie of Essex of treason affirming that he in a iorney towards Wales neere vnto Colshil threwe away the Kings Standerd saying the King was dead and turned backe those that went to the Kings succour Henrie denied the accusation so as the matter came to be tried by Combat The place appoynted for fight was a little I le neere vnto Reading In this Combat Henrie was vanquished and fell downe as dead and at the suite of friends licence was obteined that his bodie might be buried by the Monkes of Reading But it happened that the bodie of Henrie recouered and became a Monke in that Abey Anno 1163. In the raigne of King Henrie the second HEnry Duke of Hereford accused Thomas Mowbray Duke of Norffolke of certeine words by him spoken as they rode betweene London and Brainford tending vnto the Kings dishonor Thomas Duke of Norf. denied to haue spoken any such word but Henrie affirming his accusation the King graunted the Combat to beé performed at Couentrie the 7. of September 1398. Anno Rich. 2. A Combat was fought at Westminster in the Kings presence betweene Iohn Ansley Knight and Thomas Catrington Esquire whō the said Knight had accused of treason for selling the Castle of S. Sauiours which the Lord Chandos had builded in the I le of Constantine in France In which Combat the Knight was victorious Anno 1379. regni Rich. 2. A Combat was graunted vnto an Esquire borne in Nauarra to fight with an English Esquire called Iohn Welsh whom the Nauarrois accused of treason But the true cause of the Nauarrois his malice was for that the said Welsh had forced his wife as being vanquished
Beaumont Lord of the Forrest and of Plessis Mace Iohn of Tutuille Lord of Castiglione Lewis Bastard of Burbon Conte of Rossiglione Admirall of France Anthony of Chiabanes Conte of Dammartin Grand master of the Kings house Iohn Bastard of Armignac Conte of Cominges Marshall of France and Gouernour of the Delfinato George of Trimouille Lord of Craon Gilbert of Gabanes Lord of Croton Seneschall of Vienna Lewis Lord of Cursol Seneschall of Poilou Tanequi of Castello Gouernour of the Prouince of Rossiglion and of Sardena The rest of Knights to be chosen into this Order was deferred vntill the next meeting The place of assemblie of these Knights where their Armes and other Ensignes of Knighthood should be preserued was appointed to be the Church on Mount S. Michael Vnto this Order were appoynted a Threasurer a Chauncellor a Register and one Herehault named Monsanmichaele The Feast ordeined for these Knights was on Michaelmas day yearely to be kept The Statutes apperteining vnto this honorable Order are to be seene in the booke intituled The Ordinances of France Of the Order called the Nuntiata CAP. 11. THis Order was also about the same time begun by Amedeo Conte of Sauoy sirnamed il Verde in memorie of Amedeo the first Earle who hauing valerouslie defended the Iland of Rhody against the Turkes wanne those Armes which deseruinglie is now borne by the Dukes of Sauoya which is a white Crosse in a red field The Coller apperteining to this Order is made of gold and on it these foure letters ingraued in this wise F.E.R.T. which signifieth Fortitudo eius Rhodum tenuit At the said Coller hangeth a Brooch wherein is the figure of our Ladie and the Angell sent vnto her The Church appoynted for Ceremonies apperteining vnto this Order is called Pietra a Castell within the Diocesse of Belleis whereunto was giuen at the foundation of this Order certeine lands for the sustentation of fifteene Chaplins For continuance of this Order at the time of the constitution were made many honorable ordinances to be kept by the Knights presentlie elected and after to be elected which are to bee found written in the works of Francisco Sansouino These foure Orders aforesaid bee reputed most honorable and are adorned with great Collers in token that for state and dignitie they excell the rest Knights of the Band. CAP. 12. THis Order was first erected by Alfonso King of Spaine sonne to Ferdinando and Queene Constanza in the yeare 1268. And to giue the sayd Knighthood reputation honor the King himselfe with his sonnes and brethren vouchsafed to enter thereinto with them were also admitted diuers other Gentlemen of best qualitie and greatest estimation The cause that mooued the King to name them Knights of the Band was for that he commanded euerie man elected into the Order should weare a certeine red scarffe or lace of silke the breadth of three inches which hung on their left shoulder and was tyed vnder the right arme No man might enter into this Knighthood but such as the King did speciallie admit neither was anie person capable of that dignitie vnlesse he were the sonne of a Knight or some Gentleman of great accompt or at the least such a one as had serued the King by the space of tenne yeares in his Court or in the warre against the Moores Into this Order no Gentleman could bee receiued being an elder brother or an heire in possession or apparance but onelie such as were yonger without land and liueload because the Kings intention was to aduance the Gentlemen of his Court that had not of their owne At such time as any Gentleman was admitted a Knight he promised to obserue these Articles following which I haue thought good particularlie to expresse the rather because they tend onlie to enterteine the minds of men in the offices of Courage and Courtesie without any mixture of superstition whereof almost al other Orders in those daies tasted First that he should speake vnto the King for the commoditie of the Common wealth the defence thereof so often as he were thereunto required And refusing so to doo shall forfeit all his patrimonie and be banished his Countrie That he should aboue all things speake the truth vnto the King and at euerie occasion bee faithfull to his Maiestie That he should not be silent when so euer any person should speake against the Kings honor vppon paine of being banished the Court and depriued of his Band for euer That he should bee no great speaker and in speaking to vtter the truth But if he should affirme or say any vntruth then for a punishment to walke in the streetes without his sword for one whole moneth That he should endeuour himselfe to keepe companie with wise men and persons experienced in the warre For being found to conuerse with Marchants Artificers or base people he should bee therefore greatlie reprooued by the Great Master and for one moneth be commanded to keepe his house That he should mainteine his owne word and faithfullie keepe promise with his friends And being found to doo otherwise to be enioyned to walke and goe alone vnaccompanied of any other of the Kings Court and should not presume to speake or come neere vnto any other Knight That he should alwaies haue good Armour in his Chamber good horses in his stable good Launces in his Hall and a good Sword by his side or otherwise to be called Page and no Knight for one whole moneth That he should not bee seen mounted vppon any Mule or other vnseemelie Hackney neither walke abroad without his Band nor enter into the Kings Pallace without his Sword nor eate alone at home vppon paine to forfeit for euerie such offence one marke towards the mainteining of the Tilt. That he should bee no flatterer of the King or any other person neither take delight in scoffing vpon paine to walke on foote for one moneth and be confined to his house another moneth That he should not complaine of any hurt nor boast of his owne acts nor in curing his wounds crie oh for if in vaunting wise he vttered any ostentacious speach he should bee reprooued by the great Master and let alone vnuisited of all his companions That he should bee no common gamester chieflie at the Dice nor consent that others should play in his house vpon paine to forfeit for euerie such offence one moneths pay and for one moneth and halfe not to be seene in the Court. That he should not in any sort lay to pawne his Armour or weapons nor play away his garments vppon paine to bee imprisoned in his owne house a whole moneth and for two moneths following to go without the Band. That he should be daylie apparelled in fine cloath and on holie daies in silke and on high Feasts weare gold in his garments if he pleased without being compelled so to doo But if he did weare Buskins vpon netherstocks of cloath the great Master should take them from him and