yet he who findeth himselfe within his owne Libertie or Iurisdiction shal be preferred which mooued Caesar to wish himselfe to be rather the chiefe man of a little village among the Alpes then the second person in Rome Among common persons also chiefly where no dignity is fathers are to precede their sonnes Honora patrem tuum gemitum matris tuae ne obliuiscaris Eccles 3. Likewise among equals age is to be preferred in respect of wisdome and experience Many priuiledges and immunities are also due to old age and they in counsell ought to speake first Loquere maior natu decet enim te Ecclesiast 2. In the number of men meane borne they that be learned deserue most reputation chiefly when both for Armes and Ciuil gouernment they deserue praise because such men be meete as well for peace as warre Also among learned men the first place is due to Diuines the next to Ciuilians and the third to Physicians But Arnoldus de Villa Noua sayth Primus locus in mensasolet seruari Sacerdoti Medico in domo infirmi After men learned Iudges of inferiour Courts Notaries and Clerkes doe seeme worthy of respect and preferrement for more credit is to be giuen vnto a Notary or Scribe then to other men Super faciem Scribae imponet honorem Eccles. Also among popular persons they that be vertuous ought bee most esteemed because it were iniury to take reward from men of good desert Honor est praemium virtutis Arist. 8. Ethic. Men of good and charitable mind are also worthy honour for actions of Iustice and pietie are vniuersally praised and the more because men indued with vertues intellectiue are not many Perdifficile est bonum esse Pittacus In this number of Plebeians to be naturally borne of the countrey or towne where a man dwelleth is also reason he should be esteemed for Cicero sayth Potiores sunt Ciues quam peregrini They are likewise worthy of respect that are persons of good fame and name Bona fama impinguat ossa Eccle. Among strangers they ought be preferred that are borne in ciuil and noble Nations for by obseruation we see the people of some countreys are prone to infamous conditions and others inclined to honest endeuor Apuleius calleth the Aegyptians learned the Iewes superstitious the Scythians poore of corne the Arabians rich in sweete odours and Liuie noteth the Carthaginians for their perfidie and Cicero taxeth the Spaniards for their crast but praiseth the Graecians for skill in Artes. Horace sayth the Brytons are stout men and franke house-keepers and the Persians promise breakers c. Howsoeuer it be experience prooueth that all countreys are inhabited and euery man preferreth the place of his birth Dulcis amor patriae Among Citizens and inferiour persons they are not to bee neglected that descend of honest parents for aâ—be it euery mans mind be his owne yet the temperature of the parents complexion giueth a certaine aptnesse to vertue or vice whereof we presume the childe good or euill And verely albeit one man begetteth another yet rarely one minde bringeth forth another of like capacitie and qualitie Non mens vt corpus patrio de semine manat Pall. Also rich men are to be preferred because the more a man possesseth in the State the more carefull he will be to conserue it but poore men defiring to better their fortune are apt to innouation After rich men persons honest and industrious ought be esteemed for idle and vnprofitable members in euery Commonweale deserue rather to be punished then esteemed Omnis arbor quae non facit fructum bonum excidetur in ignem mittetur Mat 3. Among these sorts of men beauty and seemely proportion of bodie do promise much good and are to be preferred of which opinion Plato seemed to be saying Optimumest bene valere Secundo loco formosum esse Tertio habere diuitias bono modo partas And Ouid. Gratior est pulchro veniens de corpore Virtus Likewise of these men some deserue preferment for excellencie in the Art they professe and some because they are employed in Arts more necessary and commendable as Architectors and such Artificers as are entertained by Princes for they are dignified by their place according as the Prince affecteth their facultie which mooued Martial speaking of Cookes seruing Princes to say Non satis est ars sola coquo seruire palato Namque coquus domini debet habere gulam CHAP. 27. Of Funerals AS man aboue other creatures is honoured in life so ought his buriall be decent and honourable Wherein we are to follow the example of our Sauiour Christ being both God and man For albeit he subiected himselfe to worldly contumelies and death ignominious yet was his Funerall notable and glorious according to the prophesie of Esay saying Eterit sepulchrum eius gloriosum pro vt sepulchra Adae Abrahae Isaac Iacob eorum vxorum aliorum plurium patriarcharum fuerit gloriosa Cap. 11. It seemeth also of all ancientie that burying of the dead hath bene much commended For we finde in Eccles. Mortuo non negabis gratiam id est sepulturam We reade likewise that Tob. did bestow sepulture vpon men dead and slaine The Romanes likewise vsed many ceremonies in burying of the dead anointing their bodies and in burning them caused many sweet spices to be cast into the fire For so was the corps of Sylla buried This custome was also obserued among the Egyptians as appeareth in the last of Gene. where Ioseph commanded his Phisitions that they should embalme the bodie of his father Iacob In performing of which Ceremony they spent forty daies and thirty in mourning In like manner the people of Israel mourned for Moses thirty daies Deut. 34. And Valerius tit de Seruata relig Maketh mention that after the battell and slaughter at Canna the Senate of Rome commanded that eâ—ery Matrone of Rome should mourne thirtie dayes and not longer Other customes among other Nations haue bene vsed for some were enioyned to end their mourning within fourty dayes some others within three and some in seuen But in France and England the vse of mourning hath euer bene thirtie dayes chiefly among persons of honour as may be conceiued of a sentence giuen in Burgundy by an Officiall there who hauing cited before him a Ladie called Iaquelina de la Trimoille daughter to the Kings Lieutenant generall in Burgundy vpon certaine promises matrimoniall she answered by Proctor her apparance ought be excused in respect the thirty dayes of her fathers death were not expired During which time she might not goe out of her house which Plea was allowed By that which hath bene formerly sayd of the last of Gen. we may obserue three particular honours appertaining vnto a funerall viz. the embalming of the bodie the solemne mourning and the concourse of friends when the corps is carried to interrement For Ioseph assembled all his chiese kinsfolke and friends of the house of Pharaoh to
priuiledges appertaining to old souldiers for so was it decreed by Tiberius the Emperour and Caligula as Tacitus sayth taking view of his bands dispensed with diuers Captaines before they had gray haires as one that respected rather their imbecilitie and strength decayed then the time they had serued beeing perswaded that age approching was a cause sufficient to merit honest libertie It was therefore thought fit that all souldiers that had well serued should bee left to their libertie Antoninus the Emperour commanded that such men should be dismissed with honour and extraordinarily rewarded Which fauour was granted not onely to men armed but also vnto all officers that followed the Generall and serued in place of reputation yet were they inhibited to keepe company with other men then such as made profession of Armes or to intermeddle in any affaires not appertaining vnto the warre vpon paine to forfeit ten pounds in gold These Emeriti were alwayes ancient seruitours and professours of Armes who continued in Court or Campe euer ready to perfourme the Emperours will and commandement Touching the time of their seruice it seemeth to rest chiefly in the Princes commandement and was sometimes more and sometimes lesse as hath bene formerly said yet in shorter space then ten yeeres no souldier was with grace dismissed as shall be more particularly said in the Chapter of Cassation CHAP. 10. ¶ Of crimes Militarie in generall FIrst it is to be knowen that some crimes be common and punishable in all men and some are proper to men of war onely of the first are forgeries adulterie publique and priuate violence sedition manslaughter burning of houses treason sacrilege other enormities for whosoeuer committeth any such offence whether he be a man of warre or not the punishment due is all one Crimes proper to souldiers are such only as are committed contrarie to discipline Militarie and excuseable in other men not being souldiers Now is it necessarie to vnderstand how crimes contrary to Militarie Iustice ought be punished We call that discipline Militarie whereby men are made obedient and instructed in all such qualities as are required in a souldier And for so much as the readiest way vnto vertue is first to restraine vice we must endeuour by discipline to hold men in obedience And notwithstanding al humane policie and lawes both diuine and humane some men there are so vile and malicious as without respect will commit all actes or iniuries that can be inuented yet good gouernours do forecast not onely what men doe but also what may be done which moued the Romanes to consider that some men did commit faultes beyond expectation in so much as there wanted not of those that haue slaine their owne fathers For which offence Solon in his lawes prouided no punishment and being asked why he did not inflict penaltie vpon those offendors answered he thought not that any man would haue bene so wocked We therefore thinke fit to prescribe punishments vnto all crimes for souldiers like vnto others be neither gods nor perfect creatures but men apt to erre and without restraint of law not to be gouerned Arrius Meander in his first booke Dere Militari saith Crimes properly Militarie are those which a man as a souldier doth commit And here a certaine difference betweene errour and crime is to be noted for we call that an error when any thing is done contrary to common discipline as to be slouthful disobedient and vnwilling but he is said to commit a crime when the fault is accompanied with intent to hurt for without that intent the acte may be imputed to destenie or chance and as a thing happened vnwares therefore Antoninus the Emperour did command Herculianus and other Captaines that if a souldier hauing stroken another man did prooue the act was without intent to kill that then he should not bee condemned of manslaughter as if a man be slaine when souldiers be trained or in exercise of armes then that act is not accounted criminall but casuall yet if such an act be done in any other place the doer thereof shall be reâ—uted guiltie But as the humors of men are diuers so are the crimes by them committed of diuers qualitie as hereafter shall be discoursed CHAP. 11. Of treason and Traytors ALbeit a custome most common it is that Traitors flying vnto the enemie are well entreated and greatly esteemed so long as their seruice is thought profitable yet afterwardes their condition being knowen that credit doth decay and consequently the fauour they finde becommeth euery day lesse then other The law calleth them Traytors that indeuour to betray their Prince or the libertie of their countrey they are also called Traytors that hauing a charge doe yeeld the same vp vnto the enemie of whom it is by law decreed they ought to be capitally punished or at the least discharged Likewise all Explorators or spies that bewray our secrets and enforme the enemie are accounted Traytors and worthy capitall punishment With these offendors the Aegyptians vsed to deale more mildly for in that case the offendors had their tongues cut out and so suffered to liue They were also accounted to haue committed a crime treasonable that furnished the enemie with weapon or munition whereby they might offend vs and we with more difficultie offend them The goods of such men ought be confiscate and their liues subiect vnto death The doctor Paulus iudged that who so did sell any armour vnto the enemie did thereby incurre the forfeiture of his life Edward the third king of England in a Parliament holden at Winchester caused Edmond Earle of Kent to be conuicted of Treason for perswading other Lords to rebell Yet true it is that Traitors are diuersly punished according to the qualitie of the crime the custome of the countrey and the discretion of the Prince Tullus Hostilius king of Rome caused Metius Suffetius guiltie of Treason to be beaten by the Littori and after torne in pieces with horses Antony de Leua defending Pauia discouered a souldier of his had informed the French that in that citie small store of powder remained he called him to be examined and the fault confessed the souldier was put to death and quartered Among the Athenians it was not lawfull to burie a Traitor which was the cause that the bones of Themistocles were secretly caried into his friendes house and there buried Bellesarius finding that a Citizen of Athens called Laurus had complotted treason commanded his bodie should be brought vnto a hill before the citie and there thrust thorow with a stake which maner of death is at this day vsed in Turkie Charles the Emperour making warre vpon Philip duke of Austria practized with certaine of the Captains to perswade Philip to leaue the fielde who hauing compassed so much as the Emperour required they demanded a reward of their treason which was foorthwith payed in counterfeit money and caried home But the Traytors perceiuing the money not to be good returned therewith desiring better
payment The Emperour calling both for the Traytors and the payers caused the Traytors to be put out of the doores saying That false workemen must be payed with false coyne CHAP. 12. ¶ Of Disobedience TOuching contumacie or disobedience the law determineth that whosoeuer resuseth or omitteth to execute that which the General commandeth or doth what he forbid deth ought to be punished by passing the pikes yea though he hath effected what he would which rule the Romanes obserued precisely as appeareth by the Iustice of Lucius Papirius the Dictator in flicted vpon Fabius Rutilianus Generall of the horse although he were victorious and had slaine twenty thousand Samnites Likewise by the iudgement of Torquatus against his sonne hauing contrary to his cōmandement fought with the Tusculans and gained victorie was neuertheles beheaded Therefore it remaineth as a rule that not onely breach of commandement but also simple contumacie is an offence capital if the same be apparant Yea sometimes omission of due respect is criminall though not euer capitall As if a man with order doe enter into a place guarded or passe out by any other way then that which the Generall hath appointed Another point of disobedience it is not to goe vnto the army being called or without licence to depart from thence for that is indeed an apparant contempt and by the Romans punished with death Omnis contumacia aduersus Ducem capite punienda est Posthumius Triburtius commanded Aulus Posthumius to be put to death for vanquishing the enemie without his commission and Aulus Fuluius for going to fight vncommanded condemned his sonne to die Yet the Aegyptians made a law that Captaines and souldiers for disobedience should not be put to death but remaine infamous vntill by some notable seruice their reputation were rccouered Arrius made a lawe that if a man did wound his fellow souldier though it were with a stone he ought to be cassed it it were with a sword to loose his life The like was decreed by Kanutus King of Denmarke CHAP. 13. Of Cowardise IT seemeth that all Militarie offences may be comprised in three viz. Cowardise Treason and Disobedience yet will wee speake more particularly Touching the first easily may it be conceiued that Cowardise is the cause and occasion of many other transgressions for who so is irresolute or apt to entertaine feare is also soon perswaded to saue himselfe with dishonour By Cowardise souldiers doe forsake their rankes and sometimes abandon their Ensigne which faults the Romanes punished with death It was long since by an Edict commanded in France that whosoeuer did forsake his colours or the ranke wherein he was placed should receiue punishment by passing the pikes Another kinde of Cowardise is to faine sickenesse or without leaue to be absent from the Armie He is also culpable of that crime that leaueth his place of standing vpon the wall during the assault or shall abandon the trench Yet true it is if any such fault bee committed at any other time then during the assault the same is not absolutely capitall but is arbitrable It hath bene also anciently vsed that if a souldier without lawfull excuse did goe from the Watch or office of Scout or any other seruice allotted vnto him by the Sergeant that then he should be iudged to passe the Pikes or Harquebuzies according to that kinde of weapon wherewith he serued And if many souldiers as a whole Ensigne or troupe did commit that crime the Roman vse was to execute euery tenth man in presence of the rest to the end the pain might fall vpon fewe and the terrour to all And in such cases of Cowardise the Generall ought to be inexorable because seueritie doth make an army inuincible The experience whereof was seene when Spartacus defeated the Romanes conducted by Crassus For presently vpon that dishonour Crassus commanded a decimation and put to death a tenth man in euery Legion for not hauing fought manfully That being done he begun to fight a-new And albeit the number of Romans was diminished yet were they victorious and cut the enemies in pieces But here is to be noted that of fleeing there is two sorts the one proceeding of a sudden and vnlooked for terror which is least blameable the other is voluntary and as it were a determinate intention to giue place vnto the enemie A fault exceeding foule and not excusable CHAP. 14. Of other militarie crimes BEsides these crimes formerly touched many other there are that merit seuere punishment and chiefly To abandon the Armie and flee to the enemie For what iniurie can be greater or what offence more foule in a souldier then being instructed trained and well entertained to employ his vertue in seruice of an enemie This crime was therefore in ancient time grieuously punished and the greater the qualitie was of him that did offend the more was the punishment inflicted Yet doe we not finde any particular paine ascribed to this offence but left to discretion of the Generall Neuerthelesse in that case it shall not be amisse to imitate the ancient proceeding of ancient Chieftaines The Romanes therefore for punishment of the Brutij who fled vnto Hannibal protested them to be from thenceforth neither souldiers nor companions in armes but persons ignominious and seruants vnto the Armie And when Cyrus intercepted a letter which one of his Captaines called Orontes had written offering to serue the enemie with a company of horse Cyrus assembled the Leaders and in their presence condemned Orontes to death Fredericus the second possessing the kingdome of Naples was by his sonne Henrie abandoned and being with the enemie he pardoned him yet with condition he should confine himselfe to the bounds of Apulia vntill his father returned from Germany during which time Henry practised some other innouation and therefore was put in prison and in the end suffered death Elfricus a chiefe Leader vnder Etheldred King of England pretending to doe seruice fled vnto the Danes but the warre being ended he returned vnto his Prince desiring his life which with difficulty he obtained yet did the King command his eyes should be put out To these offendors we may adde all such as secretly doe relieue the enemie with counsell money meate or by any other meane whatsoeuer In which case the Emperour Constantius decreed that if a souldier Captaine or Leader did vtter any word signe or voice to encourage the enemie that for so doing he should be tied in chaines and as a beast be led whersoeuer the Armie went Of this kinde we may account two other sorts of men whom the Romanes called Emansores Desertores They named him Desertor that went from the Armie and did not onely secretly depart but stayed long with the enemie as one intending neuer to returne But Emansor was hee that without licence went away and very shortly did come againe and therefore his offence reputed the lesse This error is most commonly found in yong souldiers whom we call Tyrones Neither
sacrifice the bodies of men taken in warre as an oblation to the gods most acceptable Howsoeuer these people handled the matter it is no doubt lawfull for men that are victorious peaceably to rule and command those that are victored And Ariouistus answering Caesar sayd that the people of Rome vsed to command nations conquered according to their owne discretion not the dâ—rection of others Who so therfore falleth into the hands of an enemy becommeth his captiue neither can he be owner of any thing when he himselfe is possessed by another This only remaineth that in him there resteth a right and title to his owne notwithstanding possession be lost Here we may also remember that all places taken by the enemy doe cease to be sacred or religious yet being deliuered from that calamity they returne to their former estate Iure postliminio Therefore seeing the graues of the enemy are not to vs sacred the violation of them do beare no action CHAP. 32. Of rescuing and ransome of Prisoners IF any souldier be taken and by aide of others rescued he ought not remaine prisoner to the rescuers but shall forthwith be restored to liberty and enioy his former estate for souldiers must be defenders of fellowes in Armes not their masters Likewise if any stranger do redeeme a prisoner from the enemy the souldier redeemed shall not be accounted the strangers prisoner but remaine with him as a pledge vntill the ransome be paid for so was it decreed by Gordianus the Emperour If a woman prisoner be redeemed from the enemy and marieth with him that redeemeth her in that case she and her children shall be discharged both of bondage and paiment of money If any man shall redeeme a prisoner taken by the enemy the prisoner is forthwith at liberty and the redeemer shall be compelled to accept the price offered without further question If a man contracteth marriage with a woman his prisoner hee shall be iudged to haue forgiuen her ransome Yet if a dishonest woman redeeme her daughter from the enemie and knowing her to be honest shall deliuer her to be dishonoured and the daughter to preserue her chastity fleeth to her father in that case the mother maketh her selfe vnworthy to receiue the prize in respect of her lewd intention and the daughter shal be restored freely to her liberty This is also a rule generall that a freeman taken by the enemy and redeemed so soone as his ransome be paid or his body by other meane set at liberty he thereby recouereth his former estate in the meane space although the ransome is not fully satisfied yet may he challenge his right of succession so as thereby hee shall in time be able to discharge the debt Moreouer if he who redeemeth a prisoner shall remit the bondage of his pawne yet is not the redeemed at libertie from his redeemer albeit he be restored to that freedome which formerly he had lost but hee shall not be compelled to doe seruice vnto the children of the redeemer The first beginning to giue ransome for redeeming of captiue Souldiers was after the defeate of Canna at which time Hannibal did grant leaue that the Romanes might ransome themselues The price then of a horseman was fiue hundred pieces of money a footman three hundred and for a seruant one hundred And if any moneys or other goods were left in deposito or giuen to redeeme a captiue they might be lawfully demanded during an hundred yeeres after Neither ought it be thought strange that a part or an whole inheritance belonging vnto a captiue and left vnto persons vnknowne ought be bestowed to redeeme him For heretofore the Emperours moued with pitie and compassion of poore Souldiers misaduentures haue by Law decreed that an whole inheritance may be giuen to ransome captiues because nothing should be withholden from redeeming men that haue endured the fortune of warre in defence of our countrey CHAP. 33. ¶ Of Enemies WE properly call those people enemies that publiquely do make warre vpon vs or against whom we make warre yet theeues and robbers cannot be named enemies neither may they be reputed captiues that are taken or kept by theeues and being set at liberty shall not need to be restored by Postliminium But who so is taken in the warre is a prisoner vnto his taker and being set at libertie by the Law of Postliminium shall recouer his former estate The people that moued warre against the Romanes were euer thereunto mooued either by ambition as the Parthians or by desire of libertie as the Germans by whom at length the Romane Empire was subuerted The Athenians vsed to contend with some enemies for victory but with the Barbarians they fought vntill death because they were reputed their greatest enemies to whom if any man did giue aide or meanes to spoyle the countrey he was burned aliue if he sold any port or hauen he deserued losse of life and he that furnished the enemy with hay or come was likewise capitally punished The Romanes would not receiue conditions from any enemy being in Armes because as Quintus Cicero said an enemie ought with hands and feete to be repulsed In Macedon a Law there was that whosoeuer did returne from the warre and had not slaine an enemie should be strangled with a cord The Scythians had an vse that at solemne feastes no man should drinke of the great cup which was caried about vnlesse he had slaine an enemy The Iberi had a custome to set about the tombe of euery dead man so many Pyramids as he had slaine enemies The Persians made a Law that Explorators and spies in consideration of the dangers they indured should be mainteined by publique contribution And albeit the hate which enemies haue one towards the other be great yet the Indians in time of warre did refraine to vse force against Plowmen or molest them being reputed ministers of common vtility Pomponius writeth that in Rome it was not lawfull for any man to passe out of the City by other way then the gates for otherwise doing he should be reputed an enemy which was the cause that moued Romulus to kill his brother Remus when he climed vpon the wall yet was hee no enemy Howsoeuer that was Martianus affirmeth resolutely that wheresoeuer a fugetiue is found there may he lawfully be killed as an enemy yet is he not so called CHAP. 34. ¶ Of immunities Militarie ALbeit vnfit it were that souldiers discontinuing the warre whom we formerly called Emansores or other men newly entred into that profession should be protected or excused from payment of debts or otherwise priuiledged yet meet it is that men of long and loyall seruice should be in some sort borne with and fauoured In that case therefore diuers immunities haue bene anciently granted vnto souldiers of great seruice or good merit as appeareth by diuers decrees made by the Emperours Seuerus and Antoninus who dispensed with an execution awarded against one man called Marcellus commanding that his pay
the Band. That no Knight should be inforced to serue in any warre saue onely against the Infidels Or attending on the King to any other warre to weare no Band and if he serued any other Prince in his warre he should loose the Band. That all the Knights should assemble three times a yeere to consult vpon matters pertaining to the Order The assembly was at such place as the King pleased to appoint and there they awaited with their horse and armour the first meeting was in April the second in September the last at Christmas That all the Knights of this Order should fight at the Turney at the lest twise euery yeere Iust foure times a yeere play at the Canes sixe times a yeere and mannage horses euery weeke And who so failed to performe all or any one of these Knightly exercises should attend on the King one moneth without a sword and one other moneth without a Band. That if the King did come to any citie or towne that then the Knights within eight dayes after should prepare a place for the Iusts and Turnaments they should also exercise all other warlike weapons and if any Knight were negligent in these things he should be confined to his lodging and weare but halfe the Band. That no Knight might remaine in Court without a mistresse with intent to marry her and not dishonour her and whensoeuer she pleased to walke he was to attend on her on foote or horsebacke to do her all honour and seruice That if any Iusts were holden within tenne miles of the Court euery Knight to be there vnder paine to goe without his sword one moneth and without his Band another That if any of these Knights were married within twentie miles of the Court all the rest should accompany him to the King to receiue a gift and from thence to the place of wedding to exercise feats of Armes there and euery Knight to present the bride with some gift That the first Sunday of euery moneth all the Knights should shew themselues armed before the King ready to performe any action in Armes at the Kings pleasure for the King would not haue them be only Knights in name but in deed also That in no Turnament there should be more Knights then thirtie on one partie and so many on the other partie and that no sword should be brought into the place but such as were rebated both of edge and point And that vpon the sound of trumpet the fight should begin and at the sound of the Clarions euery man to cease from fight and retire vpon paine that who so failed should neuer more enter into that combat and be banished the Court for one moneth That at euery day of Iusts ech Knight should passe foure Carieres before foure Knights appointed for Iudges and they who brake no staues in those courses should pay the charges of the Iusts That if any Knight were sicke and in perill of death all other his fellow Knights should visit him and exhort him to godlinesse And if he died to accompany his course to the graue Also to mourne in blacke one whole moneth and absent themselues from the Exercise of Armes for the space of three moneths vnlesse the King should otherwise command That within two dayes after such funerall all the Knights should assemble and present the Band of the dead Knight vnto the King making humble sute for some of his sonnes to succeed if any of them were meete praying it would please his Maiestie to be good to the mother that she might liue according to her honourable calling CHAP. 23. Knights of Alcantara THese Knights liuing in effect vnder the ordinances and rules of the Calatraua do weare a greene Crosse. Neere vnto the citie of Alcantara in Castiglia vpon the Riuer of Tago they haue a Church of great beautie indowed with rich possessions CHAP. 24. Knights of Montesio IN Valentia are the Caualieridi Montesio a place also seated in that Prouince These Knights do weare a red Crosse and their order begun about the same time that the Knighthood of Calatraua tooke beginning CHAP. 25. Knights of Redemption Their garments are white and thereon a blacke Crosse. The office of these Knights is to Redeeme Prisoners whereupon they are called Caualieri del redentione The chiefe gouernour of them remaineth at Barcellona CHAP. 26. ¶ The Originall of the Knights Teutonici The beginner of this Knighthood ' was a certaine Almane who after the taking of Ierusalem by the Christians together with diuers other of that Nation remained there This Almaine being exceeding rich and maried kept a franke and liberall house relieuing all passengers and Pilgrims that trauelled to Ierusalem insomuch that his house became as an Hospitall or place of ordinary accesse At length he builded nere vnto it a faire Church which according to the vse of that time he did dedicate to our Lady Not long after many Christians resorting thither as well for loue of the Christian Religion as to visit the sicke they resolued to erect a fraternitie and hauing chosen a great Master to be gouernour ordained that euery man of that association should bee apparelled in white and vpon their vppermost garment weare a blacke Crosse voided with a Crosse potence It was also agreed that no man should be admitted into that order saue onely Gentlemen of the Duch nation and they to protest at all occasions to aduenture their liues in defence of Christs Gospel About 88 yeers after Ierusalem had remained in the Christians hands it was taken againe from them by the Saracens in the yeere 1184 since which time it neuer was recouered For which cause these Knights retired to Ptolemaida where they remained At length Ptolemaida being also taken by the Saracens they returned into Germanie their naturall countrey where after some short abode as loathing rest and idlenesse they went vnto Fredericke the second then Emperour in the yeere 1220 to let his Maiestie vnderstand that the people of Prusia vsed incursions vpon the confines of Saxonie adding that those people were barbarous idolaters without the knowledge of God and therefore besought his Maiesty to grant them leaue to make warre vpon them at their owne charges yet with condition that whatsoeuer they gained his Maiesty would giue the same to the maintenance of that Order The Emperour allowing of that suite presently granted them the countrey and vnder his seale confirmed the gift These Knights by this donation much encouraged forthwith tooke Armes and within short space subdued all that prouince and then passed the riuer of Vistola and conquered other people who became their subiects and were made Christians Within short space after these Knights builded diuers Churches and among the same Cathedrall Temples making them places of residence for Bishops who were also enioyned to weare the habit of that Order Neere vnto the riuer Vistola was a great Oke where these Knights builded the first Castle and Towne which with time was encreased
Other Historians haue noted that some triumphs haue continued more then one day As Titus Quintius Flaminius held his triumph of the Macedonians Grecians three dayes Likewise Suetonius triumphed foure daies in one moneth and Augustus triumphing of the Dalmatians Acciaci and Alexandria had three chariots for three dayes The Triumpher also vsed to carry in his chariot his owne children which custome Cicero seemeth to confirme in his Oration for Murena saying that Aemilius Paulus caried in triumph his sonne who within three daies after died Adrianus hauing obtained of the Senate to triumph he modestly refused it saying that honour was due to Traianus And so as a good Emperour he caused Traianus picture to be caried in the chariot fearing that after his death he should loose the honour of the triumph Marcus and Lucius Antonius being brethren and triumphing together they caried in their chariot the daughter of Marcus a yong virgin Commodus the Emperour a man of immodest maners and vnworthy of all Emperiall honour being returned to Rome caried in the chariot with him his vicious Anterus who being placed neere his person as he passed the citie he ofttimes kissed him publiquely Farre otherwise did Seuerus Afer who being victorious of the Parthians was offered the honour of triumph which he refused alleaging he was vnhealthie and therefore desired his sonnes might be set in the chariot to triumph in his place Thus appeareth it that the Romanes accompted no honor too much or too great for those that had in their seruice vertuously employed themselues After the triumphall chariot followed the chiefe prisoners bound Then came many captaines and souldiers wearing boughs of Lawrel in signe of victorie Being also perswaded that by vertue of that tree they were purged of mans slaughter Lawrell is also a cause of good fortune and a signe of prosperitie because it is euer greene and flourishing As Plinie writeth saying Laurus triumphis dicatur Caesarum Pontificumque sola domos exornat ante limina excubat Yet the same Plinie saith that in times more ancient he that triumphed did vse a crowne Etrusca of gold which by a seruant was caried and on his finger a ring of yron to signifie that the fortune of him that triumphed and his seruant was alike In this manner Caius Marius triumphed of Iugurtha yet in his third triumph he ware a ring of gold Tarquinius Priscus at his triumph ware a coate of gold as Plinie and others affirme One other custome the Romanes had and was no ordinance or law yet precisely obserued which is that whosoeuer in any ciuil warre had gained victorie how notable soeuer he should not be admitted to triumph because men therein slaine were Citizens and no strangers which was the reason that Nasica hauing vanquished Tiberius Gracchus and his folowers nor Metellus suppressing Caius Opimius nor Antonius defeating Catilina were admitted to triumph Neuerthelesse when Lucius Sylla had surprised the cities of Graecia and taken the Marian citizens he was allowed in triumphant wise to carie with him the spoiles gained in those places CHAP. 21. Of the diuers qualitie of Triumphs in Rome SOme Triumphs were full and entire others of lesse pompe and state they were called Ouanti But why they were so called writers doe not agree Triumphs absolute haue bene formerly discoursed Now are we to speake of meane or halfe triumphs Plutarch seemeth to thinke that who so in this kind triumphed did sacrifice in the Capitol a sheepe but he that was allowed a full triumph did offer a Bull. Dionysius sayth that Ouatio differeth from Triumphus by this meane He that entered the city Ouans had no chariot nor vsed any regal garment but marched with the Armie on foot Plutarch likewise writeth they ware in their Crowne no Laurel but Mirtle This kinde of Triumph was instituted in Rome in the yeere 253. ab vrbe condita Dionysius and Plutarch are not of one opinion why this sort of Triumph was called Ouante Yet this seemeth the cause Posthumius being Consul in his seruice of the warre proceeded coldly and sparing of blood Also in one other expedition before he fought most infortunately with losse of many men and by fleeing saued his owne person Other causes do seeme of this Triumph Ouante as if the warre was not iustly pronounced or the enemie of base reputation as a Pirate a bondman or a coward So as the victory obtained doth appeare vnworthy much honour Either els if the warre receiued end by word and no violence Or if the seruice were done in a forreine countrey by authority of another Prince or without lawfull autâ—ority Whether the Triumpher Ouante did enter the citie on horsebacke or foot is a question Another vse also the Souldiers had which haply will seeme strange that following the triumphall chariot oft times they vttered scoffes and iests against the Triumpher Such was the behauiour of Caesars folowers at his Triumph For among other speeches they vsed these words Gallias Caesar subegit Nicomedes Caesarem Ventidium Bassum Parthici triumphi die secuti milites decantarunt Qui mulos fricabat factus est Consul In Rome it was by law prouided that no Captaine should come into the citie before his triumph So saith Plutarch in the life of Paulus Aemilius We reade likewise all Triumphs were celebrated in Rome onely two excepted which seemeth strange For in those dayes Milan Aquileia and Constantinople were cities of great fame Papirius Cursor triumphed first in Monte Albano for his victory against the Corsi as Plinie reporteth And Papirius Maso not permitted to triumph in the citie he triumphed in Monte Albano Paulus Orosius the last that hath written of the Roman Empire saith that the number of triumphs in Rome is 320. CHAP. 22. In what order the Romanes triumphed THe first triumph in Rome was that of King Tatius Next to him Tarquinius Priscus the King triumphed But in what sort these Kings did triumph we cannot finde After the expulsion of the Tarquinij and the death of Brutus Publius Valerius the Consul triumphed Then with greater pomp and admiration the Dictator Camillus triumphed who sitting in a chariot drawen by two white horses entred the citie Which maner of triumph was neuer before seene therefore mooued much enuie Many yeeres after was the triumph of Papirius Cursor Dictator who triumphed for victorie of the Samniti Quintus Fabius also triumphed of the Galli Etrusci and Samniti Then followed againe the triumph of Papirius Cursor the Consul when he brought home the Armie from Samnio He furnished his triumph with many prisoners both horsmen and footmen with crownes Ciuicae Vallarae and Murales cariyng with him spoiles of the Samniti and leading many honourable captiues hee brought with him also two hundred thousand and thirtie three thousand pound weight of treasure All which money was deliuered into the treasurie and no part thereof giuen to the souldier With greater ioy the two Consuls Claudius Nero and Liuius Salinator triumphed for
accompany his father vnto the graue which custome is still continued specially among persons of State and reputation And indeede no Nation is so vnciuill or sauage as vtterly to contemne the honest buriall of mens bodies Yet doe we reade that the Lotophagi doe cast their dead bodies into the Sea affirming it maketh no matter whether they consume by earth or water Which custome the excellent Doctor Modestinus reproueth in these words Laudandus est magis quà m accusandus haeres qui reliquias testatoris non in mare secundum ipsius voluntatem abiecerit sed in memoriam humanae conditionis sepulturae tradidit Neither doe I like the conceite of Solon who dying in Cyprus commanded his heires that the bones of his bodie should be burned and the ashes dispersed throughout the Countrey In old time the Albanoys thought it no point of pietie to take care of the dead which Christians may not allow as hath bene formerly said Noli mortuo denegare gratiam Eccl. 2. The Scythians were wont to eate the flesh of dead bodies at their feastes as a dish of great delicacie and honour and the Hircani kept dogges purposely to deuoure dead mens carcases Likewise the Parthians seeing any dead bodie of man beast or bird did foorthwith teare off the flesh and then buried the bones The Massagetae vsed to beate old mens bodies to death with a cudgell and then gaue them to be eaten by Shepheards dogges and such as died of sickenesse were deuoured by wilde beasts All which customes do deserue to be abhorred But the Athenians were so carefull of Funerall dutie as if any man did neglect to burie a Captaine slaine he was capitally punished And the Egyptians in building of their houses did neuer forget to make their Tombes with pyramides and other ornaments of excessiue cost and they dying their bodies were embalmed and kept therein as Cicero in his first booke of Tusculane questions seemeth to affirme The first great Prince that begun to bury bodies of men slaine in the warre was Hercules and such men are much commended by the Prophet Vos benedicti a Domino qui fecistis misericordiam hanc cum Domino vestro Saul sepelistis eum Also Maccabaus commanded his enemies slaine to be buried as appeareth 2. Maccob cap. 10. 12. Darius being slaine and his bodie brought to Alexander was sent vnto his mother Tumbrudina and Hannibal caused the carkasse of Paulus Emilius to be buried In like maner Gracchus and Marcellus were buried by their owne enemies Valerius lib. 5. de humanitate And Baldus saieth Expedit reipub non minus mortuos humari quà m viuentes conseruari It is also extant how Cyrus by his testament commanded his owne bodie should be buried in the earth and so did the Emperors Caesar and Alexander as Leonardus Aretinus hath written Epist. 94. But omitting these Rites and Customes of time ancient and people to vs vnknowen we see that at the buriall of our Princes and persons of honour all their friends and domesticall seruants doe assemble and carrie in their hands the Armes Pennons and other Hatchments appertaining vnto the defunct Which ceremonie for the most part is performed the 40. day after the decease of the defunct according to the example of ceremonies vsed at the burial of Iacob as in the 50. of Genesis at large appeareth By consideration of which Chapter it may be conceiued how pompous the Funerals were in the old Testament and how magnificent houses and Tombes for that vse were allowed as appeareth 1. Macchab. 13 cap. Et â—dificauit Simon super sepulchrum patris suâ— fratruÌ„ suorum â—dificiuÌ„ altum visu lapide polito retro antè statuit septem pyramides vnam contra vnaÌ„ patri matri quatuor fratribus his circum posuit columnas magnas super columnas arma ad memoriam aternam iuxta arma naues sculptas quae viderentur ab hominibus nauig antibus mare It appeareth also in holy Scripture that the body of Christ was buried with a great ceremony and how Ioseph and Nicodâ—mus caried him honorably Iohn 19. Venit ergo Ioseph tulit corpus Iesu. Venit autem Nicodemus quivenerat ad Iesum nocte primum ferens mixturam myrrhae aloes quasi libras centum Acceperunt autem corpus Iesu ligauerunt cum linteis cum Aromatibus sicut mos est Iudaeorum sepelire c. We reade likewise in Tob. 12. Sepelire mortuos est opus pium By which examples it seemeth that pompous and honourable Funerals are not displeasing to God but allowed in all ciuill nations with this caution that no man should be so superstitious as to beleeue these externall complements to be propitiatorie vnto the soule For S. Augustine in his booke de ciuitat Dei saith SepulchroruÌ„ memoria sumptum funeris magis viuorum est consolatio quà m defunctorum vtilitas And S. Ambrose in his sermons sayth thus Quid proficit sepulchrorum superbia damna sunt potius viuentium quà m subsidia mortuorum Thus much touching honourable burials whereunto wee will adde That forso much as diuers degrees of men doe vsually and casually meete at our funerals in England it seemeth necessary that in accompanying of euery corps heed should be taken that no indignity be offeâ—ed vnto any Mourner but ech man to march in such place as is meete for his estate The Heralds therefore by their skill and care are to take a List or Rolle of all Mourners then to marshall them into seuerall classes by their diuers titles as Gentlemen Esquires Knights Barons Vicounts Earles c. euer preferring her Maiesties Officers and seruants before all others in pari dignitate And if none of her Maiesties seruants be there present then euery one to proceede according to his antienty in pari dignitate In this point also it behooueth the Herauld to be heedfull and prouide that no man exceede in expences or charges superfluous but euery one to confine his cost within the bounds of his abilitie for otherwise doing the executors or heires of the defunct shall hereby receiue preiudice For some times we haue seene the buriall of an Esquire more costly then was fit for a Knight and a Knights funeral such as might become a Lord. To auoid which excesse I could wish that excepting the number of poore who are commonly so many as the defunct was yeeres olde her Maiestie or Lord Marshall would be pleased to prescribe a certaine number of Mourners to euery degree and that no man of greater title then the defunct should be permitted to mourne so as the chiefe mourner may euer be in pari dignitate with the defunct and all the rest of meaner qualitie As at the buriall of an Esquire onely Esquires Gentlemen and other inferiour persons to mourne At the funerall of a Knight onely Knights Esquires Gentlemen and their inferiors The like order to be taken at all burials of higher estates Prouided neuerthelesse that if the defunct