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
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
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
prooues ought not in any wise bee tried in Combat But for more particular knowledge of this matter you shall vnderstand that we call an act done contrarie to reason Iniurie or as some do terme it Offence or Wrong and the Burthen is a certeine naturall obligation whereby a man standeth bound to repulse or mainteine the matter in question Wherefore whensoeuer we see a man burthened or charged it is presentlie and consequentlie looked for that he ought to be a Challenger It is also to bee knowne that otherwhiles one man may doo vnto another such an act as may be both an Iniurie and a Burthen so may also an Iniurie bee done without Burthen and a Burthen without Iniurie An Iniurie ioyned with Burthen is thus If a man shall charge me with an euill fact neuer by me committed whereby contrarie to all reason he seeketh my slaunder hereby he offereth me Iniurie and the Burthen he laieth vpon me is for that I stand bound to repulse and make answere vnto such outragious words and consequentlie am forced to answere He lieth whereby I am disburthened lay the burthen on him by which meane I become discharged of mine obligation and binde him vnto the proofe and mainteining of his words which is to mainteine and be a Challenger And in handling the matter this is to bee noted that I onlie doo burthen him without offer of Iniurie because I make this answere vpon a iust and reasonable cause onlie with intent to lay the Burthen on him An Iniurie without Burthen is in two sorts viz. in word or in deed as thus If one man shall charge another in word with that which is manifestlie false in that case it is not necessarie to make any answere at all because he who speaketh such words proueth himselfe an apparant Liar and therefore not worthie of so much respect as to bee answered so are those words Iniurie but no Burthen An Iniurie in deedes without Burthen is when one man offereth vnto an other violence with aduantage or in such euill sort as the fact appeareth to bee done contrarie to honor and reason in that case to what purpose should the Iniured challenge the Iniurer seeing the matter to be plaine and apparant But haplie it may bee said by him that is iniured Shall I rest without reuenge Therevnto may bee answered by Princes or others hauing authoritie to graunt Combat that to admit triall by Armes is onlie lawfull for the finding out and iustification of truth but the punishment of wilfull acts contrarie to peace is by ciuill authoritie to be performed And in mine opinion whosoeuer receiueth an Iniurie in deedes dishonorablie offered is thereby neither dishonored nor burthened and for reuenge of such cowardlie and beastiall offences it is allowable to vse any aduātage or subtiltie according to the Italian prouerbe Ad vna sopercheria si conuiene vn ' altra sopercheria ad vn tradimento vn altro tradimento which is that one aduantage requireth another and one treason may be with another acquited How shamefull and dishonorable it is to offer iniurie with aduantage and cowardly CAP. 2. IT may seeme straunge that heretofore wee haue said that a traiterous Iniurie might be in like sort reuenged yet is it verie reasonable that so it should be and though it were not yet doth he that offereth such an Iniurie incurre apparant Infamie without burthening him vnto whom it is offered For what reason can mainteine that any man should bee worthie of Infamie that was by another cowardlie and sodeinlie hurt or striken Nay who is he that will not blame him that offereth such an Iniurie and acquite him vnto whom it was done To conclude therfore I say the Infamie is due vnto him that wilfullie doth a dishonorable wrong not to him that receiueth it for no man wanteth power to refraine a wicked action no man wanteth power to performe his promise no man is forced to be a traitor therefore whosoeuer falleth into any such fault becommeth odious and infamous besides that in offending cowardlie he seemeth to want vertue and courage required in a Gentleman By ancient custome it hath therefore been determined that if any man hauing committed such cowardlie and foule facts shal afterwards challenge another Gentleman he may in respect of the Infamie due for his former doings bee lawfullie refused I will also aduise all Gentlemen to eschue one other vile and euill abuse which is thus A man hauing offered iniurious words and is lawfully belied he may not with a cowardlie stroake or touch of a cudgill or any such like meanes thinke to bee acquited of the burthen as some men haue supposed yet the vulgar sort do thinke that to giue a blowe or spit in the face of a man and runne away dischargeth a lawfull Lie which is farre otherwise Mine opinion therefore is that a man directlie is not discharged by any such act but standeth still burthened to prooue that affirmation whereupon the Lie was giuen him and consequentlie must challenge That euerie Lie giuen ought not to occasion Combat CAP. 3. FOrsomuch as the Lie is not indeede the cause of fight but the occasion it is not necessarie that vppon euerie Lie giuen Combat should foorthwith followe For if the fault wherewith a man is accused bee not such as requires triall in Armes than doth not the Lie giuen thereupon bind him because the qualitie of the Iniurie and not of the Lie is to bee respected Therefore in euerie lawe whereby Combats are permitted the causes are expreslie and particularlie declared as both by the lawe of Lombardie and the Emperial constitutions appeareth For what causes the Combat is to be graunted CAP. 4. A Thing most certeine it is that to reduce the antient customes to the vse of present time were not onelie hard and difficult but also impossible wherefore omitting to tell of what hath been we will onelie speake of that which ought be in this matter obserued I say then that the causes of al quarrell whervpon it behoueth to vse the triall of Armes may be reduced into two for it seemeth to me not reasonable that any man should expose himselfe to the perill of death saue onelie for such occasions as doo deserue death Wherfore whensoeuer one man doth accuse another of such a crime as meriteth death in that case the Combat ought bee graunted The second cause of Combat is Honor because among persons of reputation Honor is preferred before life Therefore whensoeuer any such crime is imputed as by the ciuill lawe is iudged infamous the Combat and triall of Armes ought be allowed if by ciuill and ordinarie course of law it cannot How betweene Padrins no fight or quarrell ought to be CAP. 5. AT such time as publique Combats were by Princes permitted the custome was that those vnto whom the field was graunted did bring with them certeine friends to behold the fight and see that nothing were done contrarie to the agreement and capitulation
For what cause these men were so called I knowe not but some haue thought the name of Padrine commeth of the latin word Pater which signifieth father or of Patrini which signifieth a person vnto whose charge or tuition another was commended Howsoeuer it be these Padrines in the time of Combat performed the same office which Aduocates and Pleaders vse in disputation of ciuill causes And as they doo not vse to pay any part of that wherein the client is condemned euen so no reason bindeth that the Padrine should fight or bee called to performe more than the due of his office sith the Iniuries the Lies the Cartels and Defiances are passed betweene the Principalls and the Padrins ought doo none otherwise than as Aduocates Thus much I thought fit to speake of the office of Padrins because it is oft seene both in publique Combats and priuate also that some Gentlemen being chosen to behold the fight and see it bee equallie performed haue not onelie been the cause to kindle newe quarrell but also entred thereinto themselues contrarie to honor and reason Of Armes both offensiue and defensiue CAP. 6. IT hath been before said that by the lawe of Lombardie euerie Combat vnlesse vpon quarrell of infidelitie should bee tried with shields and staues and with no other weapon But the matter of their Combats was onlie for trial of truth without respect of honor Howsoeuer it were besides that custome must bee receiued for lawe it seemeth to me that either in publique or priuate fight such weapons ought bee vsed as are commonlie worne of Gentlemen and others professing Armes And touching Armes defensiue it hath been also the vse that as they are thought allowable in warre and all generall fights so in particular triall of Armes they ought not bee reiected because Fortitude accompanied with Prudence is much the more commendable seeing he that vnwiselie or inconsideratlie aduentureth himselfe is not to bee reputed valiant but furious neither is he accompted valiant that without councell or cause delighteth in dangers but he that neuer doth shunne any generous action tending to publique benefite or his owne priuate reputation And Aristotle saith that a valiant man doth neither feare all things nor dare doo all things For these respects it hath euer been thought fit that in particular Combats the fighters should be allowed Armes defensiue not performe the same naked and vtterlie disarmed with swords and daggers onlie as is in this part of the world now vsed And sith the perill of life is no lesse in particular than in publique fight it seemeth verie reasonable that defensiue Armes should bee allowed yet so as both the Challenger and Defender be equallie armed weaponed which in truth ought be at the election of the Defendant as heretofore hath been discoursed But because the custome of the land is and happelie also lawe forbiddeth that any man should be armed saue onlie in the warre I thinke no Gentleman ought refuse to fight disarmed And here will I not omit to remember an abuse which hardlie is discontinued I meane that some English Gentlemen are so obstinatlie addicted to custome as notwithstanding they doo themselues enter quarrell and bee Challengers yet will they vse that sort of weapon onelie which pleaseth themselues An opinion contrary vnto reason and the vse of all other people as though antient vse made that weapon only allowable which reason will also prooue Vice as good as Vertue because it is no lesse antient Of the election of the weapons CAP. 7. FOr good and reasonable causes many aduantages are due vnto him that is challenged because he being accused and constrained to fight iust and true reason willeth that he should enioy al honest fauour It hath been therefore well determined that whosoeuer is Defender dooth sufficientlie acquite himselfe and ought bee reputed victorious if he bee not victored But on the other side he that challengeth must not onlie escape to be vanquished but also vanquish his enemie for otherwise he shall bee reputed as victored and lose the quarrell which is verie reasonable because his office is to prooue but the Defender is not bound to more than to defend Another fauour also apperteineth to the Defender which is the election of the weapon which is also reasonablie done because if another man will voluntarilie call me to triall of the Sword the choyce of the weapon ought of right to be mine Yet true it is that no Defender ought to make election of other Armes either defensiue or offensiue than such as are lawfull and worne ordinarilie by Gentlemen and Soldiers Therewith also is to be obserued that if the question whereupon the Combat or fight groweth may bee decided by ciuill triall that then no triall of Armes ought bee enterprised Much more also may be added touching the equalitie or disequalitie of the persons that enter into fight and likewise of the Armes aswell defensiue as offensiue but because publique Combats are now almost generallie forbidden and in this land most rarelie vsed I speake onlie of those things which are to bee knowne for the performance of priuate Combat and fight betweene particular Gentlemen How manie waies victorie is gained CAP. 8. AT such time as publique Combats were vsed within a List or place speciallie appoynted for that purpose there was a Iudge indifferentlie chosen by the fighters to see and determine which of them were victorious and who was victored But notwithstanding the discontinuance of those Ceremonies and the performance of fight by warrante of Princes Letters Pattents yet doo I thinke it not amisse brieflie to set downe in what cases men were reputed victorious 1 It is therefore to be knowne that if the Challenger dooth not vanquish the Defender in the day of fight before the Sunne setting he is himselfe to bee iudged vanquished and cannot afterwards challenge any other Gentleman to the Combat This sort of victorie and this priuiledge is onlie due vnto the Defender all other trialls are common and indifferent to both the fighters 2 The next kind of victorie is when any of the fighters doth yeeld vnto his enemie either by confessing himselfe not able to defend to yeeld himselfe prisoner or by vttering anie other speach tending to submission 3 The third is when any of them doth expreslie denie or vnsay that he affirmed the words whereon the quarrell groweth renouncing the quarrell 4 Fourthly hee who runneth away and abandoneth the Lists or field where the fight is performed ought to lose the victorie and be adiudged as vanquished and this is the most base and dishonorable sort of vanquishment 5 He is also to be without victorie and vanquished that is slaine within the Listes or field yet is this sort of vanquishing least dishonorable and infamous although by auntient custome to such men as were slaine in publique Combats no buriall was graunted among Christian bodies VVhat was ancientlie due vnto such as were victorious in publique Combats CAP. 9. ALbeit I
am not ignorant that this discourse is little or nothing pertinent to priuat Combat or quarrell yet for that it concerneth a matter verie pleasant to vs glorious for those that haue been victorious I will brieflie set downe what was due by antient order of Armes vnto such Gentlemen as in publique Combat were victorious 1 Whosoeuer was vanquished within the Listes was the prisoner of him that did vanquish To him also was due all Armes both offensiue and defensiue garments and horse with all furniture brought thether either for ornament or vse 2 The person of him that was vanquished was by honorable custome giuen vnto the Prince of the place or els vnto some other Prince whom he serued or loued but this was done by vse and not of duetie 3 The vanquished also might be compelled to pay the charges of the vanquisher 4 The vanquished might be forced to pay ransome no lesse than if he had been a prisoner of the warre But if the prisoner or vanquished did serue the vanquisher the space of fiue yeares in seruices meete for a Gentleman than ought he bee set at libertie freelie without payment And if in the meane time he were employed in any base act or seruice vnworthie his degree than was it lawful for him to escape breake prison Or if it happened that during the imprisonment any land or other wealth came vnto the prisoner yet was it not lawfull for the victorious to encrease the ransome 5 If the victorious did die within the time that the victored was a prisoner than should his heire haue the same title and interest 6 If a prisoner were suffered to go at libertie vpon his faith giuen he ought in any wise returne whensoeuer he was called vnlesse the victorious did become a Traitor to their cōmon Prince or were excōmunicate or that betweene thē were some new enmitie for in those causes it was lawful not to returne 7 If being in this sort at libertie he happened to become a Prince or Lord then should he not be bound to returne but pay ransome onlie 8 If during the time of imprisonment he were not well vsed he was not bound to returne yet ought he pay a conuenient ransome 9 If the prisoner did happen to saue his taker from any great perill during the imprisonment he ought by the lawe to be forthwith set at libertie THE THIRD BOOKE VVhat sorts of men ought not bee admitted to triall of Armes CAP. 1. FOrsomuch as the triall of Armes apperteineth onelie to Gentlemen and that Gentilitie is a degree honorable it were not fit that anie persons of meaner condition should thereunto be admitted Wherefore as the Iudges of ciuill trials doo ordinarilie reiect the testimonie of such as are accompted Infamous euen so in Martial triall a person honorable ought not by men of base qualitie be accused for how can he charge another with anie crime that hath himselfe committed an offence against his owne reputation 1 It hath been therefore ordeined and determined that no man hauing committed treason against his Prince or Countrie shall be admitted 2 He also may bee repulsed that hath had intelligence or conference with the enemie of his Prince or Countrie or that being taken of them doth there remaine hauing meanes to returne vnto his Princes seruice 3 He that becommeth a Spie or explorator for the Enemie or that taketh an oth against his Prince or that taketh a Princes Pay and departeth before he hath serued the full time 4 He that abandoneth the Armie of his Prince and fleeth vnto the Enemie or being discharged doth go vnto the Enemie in the time of Skirmish or fight shall be reputed as infamous and also a Traitor 5 He that abandoneth the Ensigne of his Prince or Capteine or that either by day or night shall maliciouslie depart from the place of his charge about his Princes person or in the Campe. 6 Among these we will accompt all Theeues Beggers Bawdes Victuallers persons excommunicate Vsurers persons banished the Armie and euerie other man exercising an occupation or trade vnfit and vnworthie a Gentleman or Soldier 7 Finallie whosoeuer is defamed of any notable crime or is by the lawe of the land not admitted to beare witnesse may bee numbered among them that lawfullie are repulsed these men I say challenging any Gentleman or Soldier ought not onelie bee refused but of euerie honest person to bee abhorred because in fighting with men of such condition a man of good reputation dooth equall himselfe vnto persons vtterly vnworthie Yet true it is that whosoeuer repulseth a person for cause of Infamie must assuredlie know that he hath been for such crimes condemned or at the least the same is a thing so notorious as the partie repulsed cannot denie it But if any such infamous man bee challenged by a Gentleman or Soldier he may not after bee refused vnlesse that after challenge he committeth some infamous fact which is to be obserued aswell in the Challenger as the Defender VVhether a Bastard may challenge a Gentleman to Combat CAP. 2. FOr that by lawe no Bastard can inherit the lands and honors of his supposed father it may be reasonablie doubted whether he be of such condition as may challenge a Gentleman to trial of Armes Notwithstanding for that such impediment proceedeth not from the Bastard himselfe and that no man ought iustlie be repulsed sauing such as are condemned or infamed for their owne viletie me thinks that Bastardie ought not to disable a man to bee admitted vnto Combat and S. Hierome saith that the fault in birth of such men is not their owne fault but theirs that did beget them Also Chrisostome writeth thus we ought not to bee ashamed of the vice of our Parents but endeuour our selues vnto vertue Wherevpon wee conclude that euerie Bastard hauing well and vertuouslie serued in the warre or that for his good merite hath aspired to beare charge of reputation in the Armie ought be receiued to fight with anie priuate Gentleman or Soldier because men so borne haue not onelie been oftentimes aduanced to honor but they and their posteritie also haue atteined and continued in high dignitie and greatest estimation True it is that men so borne cannot mainteine themselues to bee Gentlemen by birth and therefore directlie must not claime such title or enter the triall of Armes and therefore in that respect may be repulsed not as infamous but as ignoble which defect either by valorous indeuour in Armes or vertuous studie in learning may be supplied Also all such Bastards as haue long serued loyallie in their Princes Court that by priuiledge of their Prince are made legitimate or hath liued orderlie among other Gentlemen in place of reputation may not be repulsed Of Restitution of Honor. CAP. 3. ALbeit euerie Soueraigne Prince hath power to pardon disloyaltie treason and euerie other offence cōmitted against his person Crowne or dignitie can also restore vnto the partie pardoned his lands and
Marshall desiring they would bee pleased to deliuer and discharge his pledges Wherevpon the said Conestable and Marshal did humblie 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 Conestable and he report the same vnto the Marshall who forthwith did giue order vnto his Liutenant that the Defender should be presentlie called to appeare by the Marshall of Herehaults in the South called Clarentieux and in case the Marshall of Herehaults of the King in the South were not present then was the proclamation made by some other Herehault of King Clarentieux But if the Combat were performed in the North on the other side of the Riuer of Trent in the circuite of the King Norre then was his Marshall to make proclamation The words of the Proclamation was to this effect Oiez G. D. Defendant in this Combat appeare now for in this day thou hast taken vppon thee to acquite thy pledges in presence of the Lords Conestable and Marshall and also defend thy person against A.G. who challenged thee to mainteine the cause of this Combat This Proclamation was made thrice at euerie corner of the Lists but if at the second time the partie appeared not then the Herehault did add these words The day passeth and therefore come without delay And if in case the said Defendant appeared not before noone but staied vntill the third houre after then did the Herehault by commandement of the Conestable and Marshall in the beginning of the Proclamation say A.G. appeare in hast saue thine honor for the day is well neere spent wherein thou diddest promise to performe thine enterprize It was also vsed that the Conestable his Clarke should in a booke record the houre of the fighters appearing within the Listes either on foote or on horsebacke in what sort they were armed of what colour the horses were how they were in all poynts furnished It was also auncientlie vsed that the Conestable moued the King in fauour of the Fighters and knowe whether his Maiestie were pleased to appoynt any of his Nobilitie or other seruants of reputation to assist them in Combat The Conestable and Marshall did suruay the Launces and other weapons wherewith the Combat should bee performed making them equall and of euen measure The Conestable also appoynted two Knights or Squires vnto the Challenger to keepe the place free from impediments the like was also done for the Defender The Conestable did also mooue the King to knowe whether his Maiestie in person would take the othes of the Fighters or giue him and the Marshall authoritie to doo it out of his presence The Conestable also did send the Marshall vnto the Challenger and his councell to make readie his oath declaring that after that ceremonie all protestations should be voyd After these preparations the Conestable caused his Clarke to bring foorth the booke wherevpon the Combatters were solemnelie sworne The first Oath THe Conestable hauing caused his Clarke to reade the Challengers bill calling him by his name and said Dooest thou conceiue the effect of this bill Here is also thine owne Gauntlet of defiance Thou shalt sweare by the holie Euangelistes that all things therein conteined be true and that thou mainteine it so to be vpon the person of thine aduersarie as God shall helpe thee and the holie Euangelists The oath thus taken he was led back vnto his former place and the Conestable did cause the Marshall to produce the Defender who tooke the like oath This oth was euer takē the parties kneeling vnlesse it pleased the Conestable and Marshall to pardon that duetie The second Oath THe second Oath was also indifferentlie propounded to either of them viz. That they had not brought into the Listes other Armour or weapon than was allowed neither any engen instrument herbe charme or inchantment and that neither of them should put affiance or trust in any thing other than God and their owne valours as God and the holie Euangelistes should helpe them That done they were both sent backe to their places of entrie The third Oath was thus THe Combatters being againe called were commanded by the Conestable to take one the other by the hand and lay their left hands vpon the booke which done the Conestable said I charge thee A.B. Challenger vpon thy faith that thou doo thine vttermost endeuour and force to proue thine affirmation either by death or deniall of thine aduersarie before he departeth these Lists and before the Sunne goeth downe this day as God and the holie Euangelists shal helpe thee The verie same oath in like manner vsed was offered vnto the Defender and that done the Fighters returned vnto their places friends and councellers These ceremonies ended an Herehault by commandement of the Conestable and Marshall did make proclamation at foure corners of the Lists thus Oiez Oiez We charge and commande in the name of the King the Conestable and Marshal that no man of what state title or degree soeuer shall approach the Listes neerer than foure foote in distance nor shall vtter any speach word voyce or countenance whereby either the Challenger or Defender may take aduantage vppon paine of losse of life liuing and goods to be taken at the Kings good pleasure Then the Conestable and Marshall assigned a place cōuenient within the Lists where the King of Herehaults and their officers should stand and bee readie if they were called for afterwards al things were committed to their charge aswell on the behalfe of the Defender as the Challenger as if any thing were forgotten in their confessions either touching their lands or consciences or that any of them desired to eate or drinke All those lacks were supplied by the Herehaults and none other But here is to bee noted that no meate or drinke might bee giuen vnto the Challenger without leaue first asked of the aduersarie who did not denie the request And after the Herehault ought goe vnto the Conestable and Marshall and make them priuie to desire their fauour that the Fighters might eate drinke or ease their bodies After these orders taken the Conestable and Marshall did auoyd the Listes of all sorts of persons saue onlie one Knight and two Esquires armed to attend on the Conestable and the like number to await on the Marshall either of them hauing in his hand a Launce without head readie to depart the Fighters if the King did command Of more auncient time the Conestable and Marshall were vsed to haue certeine Liutenants and seruants within the Listes Also the one part to keepe order on one side the others to looke vnto the other side And if the Queene happened to behold the Combat then the Conestable and Marshall awaited on the Kings side and their Liutenants attended on the Queene Then did the Conestable
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