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death_n fall_v honour_n reproachful_a 20 3 16.9793 5 false
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A11862 The booke of honor and armes Jones, Richard, fl. 1564-1602.; Segar, William, Sir, d. 1633, attributed name.; Saviolo, Vincentio. 1590 (1590) STC 22163; ESTC S116992 81,597 191

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albeit one of the enemies did also leaue the Lists yet his entent therein was to pursue his foe being fled thence and forsomuch as the Combat was for matter of Treason it sufficeth not onlie for the victorious to vanquish the enemie but also to bring him into the power of the Iudge to bee punished And it is plaine that seeing of the one partie one was hurt and the other fled they ought to be iudged to lose all honor and be condemned as guiltie of that wherevpon the quarrell was mooued 14 Seauen Gentlemen doo compound with seauen other to runne certeine courses at the Tilt for honor and loue of Ladies in which match it happened that fiue of the one partie did commendablie acquite themselues but the other two of that side were ouerthrowne On the other side two onelie performed their courses well and the rest of that companie exceeding euill losing many Launces and running very foule whereof a question grewe whether vnto fiue well doers and two euill or vnto two weldoers with fiue euill the honor ought be allotted Albeit in this case much may bee spoken yet for that the question is not of any particular mans merit but which partie in generall performed best the enterprize it may be alleadged that the partie wherein were most weldoers ought to haue the honor notwithstanding the fall of two of their companions yet forsomuch as to fall from horseback by the enemies force or vertue is most reproachfull it seemeth that the misaduenture of two men onlie may reasonablie be the losse of honor to all the rest And therefore we leaue the iudgement of this doubt vnto wise men better experienced in Armes 15 Two Gentlemen being in Combat for life the Challenger taketh the sword of the Defender from him notwithstanding the Defender most valiantlie defendeth himselfe with his arme and hands all the whole day during which time he could not be forced either to denie yeeld or bee slaine A question thereupon arose whether of them was victorious Forsomuch as this Combat was for life and that in euerie fight of such nature no victorie is fullie gained vntill the Defender is slaine or els forced to yeeld or denie it seemeth that he is not to be iudged guiltie nor hauing done any of these although his sword were lost which indeede in all Martiall exercises and feates of Armes is a thing much to bee discommended But most certeine it is that in all Combats and actions of Armes for Honor Loue Praise onelie whosoeuer loseth his sword must presentlie also lose the honor and victorie 16 Two Gentlemen fighting for life within the Listes the one yeeldeth himselfe a prisoner Whether may the Prince of the place who in Combat is elected a Iudge saue the life of him that is vanquished Hereunto may be answered That albeit euerie prisoner apperteineth vnto his taker yet hath it commonly been vsed that the victorious haue presented their prisoners vnto the Prince to bee disposed at his good pleasure who in recompence thereof doo vse according to the magnanimous mindes of such persons not onelie to pay the charges of the victorious but also in signe of clemencie and mercie set the infortunate prisoner freely at libertie As did the noble King Edward the third of England vnto Iohn Visconti who in his presence was vanquished by Thomas de la March base sonne vnto the French King And Phillip Duke of Milan did the like vnto another infortunate Gentleman vanquished by a Neapolitane Knight Of the honor gained or lost by being disarmed in sundrie places and of sundrie peeces CAP. 6. A Man that loseth his Sword in fight is more reproached than he that loseth his Shield For he gaineth the greatest honor that winneth the chief weapon from the enemie which is the Sword seeing therewith the Emperour and Kings do create their Knights and the Sword is borne before them in signe of authoritie and regall power He that loseth his Headpeece in fight is more dishonored than he that loseth his Shield because the Helmet defendeth the most principall part of man but the Shield armeth a lower place He that loseth his Gauntlet in fight is more to bee blamed than he who is disarmed of his Poulderon For the Gauntlet armeth the hand without which member no fight can be performed and therfore that part of Armour is commonlie sent in signe of defiance He that is cast out of the Saddle by violence of his aduersaries encounter shall bee more reprooued than he who falleth by the default of his horse the breaking of girths or any such like accident Of the honor gained or lost by the hurts giuen or taken in Combat for life or in Triumph CAP. 7. HE that in fight loseth his Eye shall thereby receiue more dishonor than hee that loseth his Teeth because the Eye is a member seruing the most necessarie sence but the Teeth are onelie instruments of the mouth He that loseth his right Eye is more to bee reproached than he that loseth the left Eye because the right side is in better opinion of men The like is to bee said of the hands of the armes and legges If a man hauing but one Eye doo fight with another man that hath two in losing that one Eye he shall be more blamed than he who hath two Eyes although hee loseth one Hee that loseth his whole hand shall bee more reproached than he who loseth one Eye And hee that loseth a foote is more disgraced than he that loseth one hand Of Iusts and Turniaments and how the accidents in such exercises are to be iudged CAP. 8. IT is written how at a Triumph in the noble Citie of Naples a Gentleman called the L. Peter Counte of Derise receiued so furious an encounter by the Launce of another that ranne against him that therewith he became at one instāt disarmed of his Shield his Curats Headpeece so as he being vtterly disarmed was left on horsback in his doublet only without other harme In requitall whereof the said Peter gaue vnto the other Gentleman so violent a blowe as therewithall the girths of the horse were broken and the man cast headlong on the ground Thereupon a question was mooued which of them had merited most honor or rather which of them deserued least reproach Whereunto was answered absolutelie that he who fell fro the horse was most dishonored for next vnto death to fall from the horse is most reproachfull Yet is it lesse disgrace to fall with the horse than to fall alone and therefore albeit a man doth runne neuer so well if in the end he doth fall frō the horse he can by no meanes receiue honor for that day but shall rather depart with disgrace Who so fighting on foote at Barrier or in any other exercise of Armes is by the force of his aduersarie constrained with his hand to touch the ground shall thereby lose all commendation He that on horsebacke directeth his Launce at the head is more
vnderstood of Ambassadors who in regarde of the place they holde may during their Commission repulse the challenge of any Gentleman or other subiect whatsoeuer A Soldier baselie borne hauing liued in continual exercise of Armes by the space of tenne yeares without committing any disobedience or other reproachfull act ought be admitted to fight with any Gentleman borne A Gentleman who either by his owne fault or his Auncestor hath committed any treason against his Prince may bee repulsed to fight with any other Gentleman vnlesse the said offender or his Auncestor were restored in bloud or is in discent three degrees from the Auncestor that was attainted A Gentleman that is knowne a Spie for the Enemie or bewraieth the secrets of his owne Princes Campe abandoneth his Ensigne or committeth any other Militarie offence may be repulsed to fight with euerie other Gentlemen of good fame reputation And by the ancient custome men blotted with such note might not liue in any citie or towne where the Emperour or other Prince remained A Gentleman that hath made profession of Armes by the space of twentie yeares in the Court or Camp of his Prince without infamie or reproach may notwithstanding he be dismissed retired or cassed fight with any other Gentleman that liueth in present Pay and exercise of Armes A Gentleman hauing aspired vnto any title or dignitie and is either in respect of age or infirmitie retired to his owne house ought neuerthelesse to enioy all his honors and shall be euer without committing dishonorable fact reputed worthie the honor he receiued in Court or Campe and fight with any other Gentleman whatsoeuer An Artificer following the Campe and exercising his Arte or Mysterie notwithstanding he bee also in Pay may bee repulsed to fight with any priuare Soldier that maketh particular profession and exercise of Armes No man vnder the degree of a Gentleman ought be receiued or allowed for a man at Armes on horsebacke for by the Emperiall lawes the Regiment of Launces was called Equestris ordo and they whom we call Light horsemen were named Celeri Certeine Questions Opinions and iudgements vpon accidents happening in trialls and exercise of Armes CAP. 5. 1 IF two men at Armes doo couenant to fight on horsebacke and runne tenne courses with sharpe Launces and that hee who worst performeth those courses should be iudged victored prisoner to the other It happeneth that at the second course the one of them falleth from his horse and sodeinlie recouering to horsback offereth to performe the rest of the courses The question is whether it be lawfull for him so to doo or by the fall be reputed a prisoner Whereunto is answered that in a Challenge for life and death no man ought bee accompted vanquished vnlesse he bee slaine or forced with his owne mouth to yeeld or denie those words wherevpon the quarrell groweth yet otherwise it is when the Challenge or Combat is for Honor onlie loue of Ladies or exercise of Armes because in that case notwithstanding the Runners bee determined vpon a certeine number of courses yet if at the first or after before those courses bee all performed any of them doo fall he that receiueth the fall shall lose the honor and the other depart with victorie 2 Two Gentlemen being come into the field to fight for life the one in fighting happeneth to fall the other presentlie sitteth vpon him and saith yeeld thy selfe he that lieth vnder saith like words and therewith woundeth his enemie lying vpon him who feeling the griefe mortall striketh the other in the throate he that was first falne ariseth and walketh shortlie after they both die the question is which of them ought to be iudged victorious Albeit no dead man can require iudgement of victorie yet to the end the honor due vnto the victorious may be in signe of his valerous merit bestowed and the spoyles of the vanquished laid vnder his Ensigne thus it is said He who first had the bodie of the enemie in his power and vnder ought be reputed victorious yet may it be alleadged that the other who gaue the first mortall wound ought haue the victorie because the time thereof not the time of death is to bee considered Others are of opinion that the longer liuer ought to haue victorie and some affirme that if the Challenger gaue the first wound whereof death ensued although himselfe did first die yet had he performed his part and deserued most praise Some also doo thinke there is no iudgement can bee giuen but that the matter should lie dead Howsoeuer it bee I leaue the same to more learned Doctors and better experienced Knights 3 Two Gentlemen being on horsebacke the one challengeth the other the fight being begun the Challenger alighteth killeth his enemie the Question is whether he may so lawfullie doo Thereunto is answered That if the Challenge were for triall of Honor Triumph or sport on horsback then is no honor due to him that thus killed his enemie for that neither of the fighters ought to bee on foote but in a Combat for life it is otherwise Sith then it is lawfull aswell for the one as the other to take and vse all meanes aduantages and subtilties that can be inuented 4 Two Gentlemen capitulate to fight on horsebacke that he who first falleth shall be vanquished At the first encounter they fall both at one instant question is which of them ought be victorious To this case may bee answered that forsomuch as the Challenger is not onelie to defend himselfe but also offend winne victorie now falling euen with the Defender he thereby ought be accompted victored for in all doubtfull causes the Defender is most to be fauoured Others are of minde that seeing the fall of the Challenger might proceede of his owne force not the vertue of the enemie the iudgement ought lie dead But the true decision of this question is thus If the Combat were for triall of Vertue Loue or Prize then ought the Challenger to lose the honor but if the same were for life then ought the fight to be performed in one other day by consent of both parties because in Combats of that kinde no victorie is gained vntill one of the fighters bee either slaine or yeelded or hath with his owne mouth denied the words wherevpon the Combat was occasioned 5 Two Gentlemen determined to fight on horsebacke for life the one ouerthroweth the other being downe the enemie commeth vpon him he that is vnder saith I yeeld and at the same instant with his dagger striketh and killeth him that is aboue the question is which of them ought be pronounced victorious Thereunto is said that forsomuch as the words and deedes of him that liueth were said and done at one instant being of contrarie effect the iudgement ought haue relation vnto the deedes for oft times words are vttered diuers from the intent of that is done But if so be a man doth say I yeeld and he