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A11863 Honor military, and ciuill contained in foure bookes. Viz. 1. Iustice, and iurisdiction military. 2. Knighthood in generall, and particular. 3. Combats for life, and triumph. 4. Precedencie of great estates, and others. Segar, William, Sir, d. 1633.; Rogers, William, b. ca. 1545, engraver. 1602 (1602) STC 22164; ESTC S116891 203,415 258

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in their crests they ware feathers of many colours Before them rode a young man apparelled like to a woman after the most anticke fashion That woman was mounted vpon a fish and by her a footman did runne She complained and bitterly cursed one by whom she had bene iniured Then the Knights who accompanied her promised to be reuenged and presently determined to assault the Iland The first of these three Knights bearing many colours was Yuan Cunia the Spaniard who at the second course hurt the Earle Arenberg very sore and hauing lost the vse of one finger on his right hand he ran no more In his place therefore succeeded a Knight vnknowen wearing the signe of an horne Then came the Earle Hochstrate in white siluer wearing on his breast a rose And although he perfourmed his part well yet was he forced to dismount The Earle Arenberg beeing wounded in his place one other of three knights errant did come who was the Lord Hubermunt of the Emperors Chamber The third Knight was Peter Ernest Earle Mansfield calling himselfe Knight of the white Moyle Against him came the Knight of the golden Lyon vpon whom the Earle Mansfield brake three swords but the fourth sword by misaduenture fell out of his hand and thereby he forced to become prisoner And this was the end of that dayes conflict The next day soone after dinner out came the Lord Pelous of Burgundy called the Knight of the greene Shield hee and his horse were furnished with gold and greene The first three encounters he made against the Lord Thourlo were to good purpose but beeing come to the Sword it was by force wrested from him and he caried to prison Then followed Rodorigo Bassano a Spaniard called Pedro Vermandesio who within three encounters was taken The Lo. Courlan a Burgundian called Knight of the three Starres all in greene desiring to be reuenged was also made prisoner The next day Peter Ernestus Earle Mansfield desired againe to try his fortune calling himselfe the feathered Knight But at the second encounter his aduersaries Launce brake the sight of his headpeece and cut his nose wherewith he fell downe dead yet because the armour was good and the violence of the blow broken he recouered After Mansfield followed the L. Noyel a Fleming who after a little fight before the tower of Terror where he fought with great courage was forced to yeeld Then Iacomo di Leyua a Spaniard called the Indian Knight attired in blacke after the second course yeelded himselfe Next to the Spaniard entred two Knights in red cloth of Tissue richly embrodered with gold they called themselues Knights of Hungary The one was the Prince of Ascoli who at the first encounter yeelded himselfe neither had Giacobo a Cunia called also Gonartus a Stella tenebrosa better fortune for at the first course he was taken The first that entred the Iland by force was Iohn Guixada sirnamed Gulielmus Superbus Hee apparelled in blacke tissue embrodered about with gold by force of Armes brake into all the passages and then by aid of the Lord Bossuuio master of the Emperours stable was receiued into a Barke hauing sayles of white and red silke So being landed in the I le he attempted to winne the precious sword And though his attempt prooued vaine yet in approbation of his valour the Queene did giue him a crowne Next to him his brother with equall fortune entred the Iland men called him Iohn Lodouic Guixada who for his hardy enterprise receiued also a garland The like successe had the Duke of Arscot his brother who with the Marquesse of Cieura called Knight of the red Shield wheron were painted three Mores heads entred the Ile Likewise Ferdinando della Zerda a Spaniard called fortunes Knight hauing slaine the guard was also crowned The next day also Monsieur de Chaumont called the sodaine Knight and one other Knight named Florestan which was the Lord Valous both Flemings yeelded their charges The fift man that entred the Ile was Lodouico Zapatta a Spaniard his garments were of yellow cloth of gold But Iohn Zeuendio a Spaniard also called the sorowfull Knight was forced in the first straight to alight was presently ledde into the darke fortresse The like fortune had Monsieur de Moncean named Knight of the Mistie mountaine The sixt that entred the Ile was the Earle of Megen otherwise the Knight of the Sunne His apparell was blacke cloth of gold The like good hap was like to befall vnto Monsieur Champagni but his horse encountring an enemy at the chocke amazed him so much as he fell downe and was taken prisoner The seuenth garland Gaspero Roblesio a Spaniard gained He being called Knight of the Moone recouered the second passage complaining vnto the Earle of Egmont that the Iudges without desert had giuen honor to Monsieur de Truilier a Frenchman But Monsieur Querenaut a Knight errant encountring Monsieur Preux called Knight of the Rose tooke him prisoner Then Garna ab Ayala a Spaniard called the Knight of Death all in blacke poudered white came foorth to fight Before ●im the Queenes Musicians went singing a funerall tune which prognosticated his misaduenture for at the first encounter he was taken Then appeared one called Knight of the Bas●lisco beeing indeed Monsieur Myngoual who in a fight on foot gained great honour but at his first encounter on horsebacke he became prisoner The eight garland Monsieur de Mally a Flemish Gentleman and a follower of the Duke of Arscot obtained That Knight was brauely furnished in white siluer and called himselfe the furious Knight Last of all the prince of Spaine with his Band of Knights appeared their attire was vermilion cloth of gold wrought with flowers of siluer and garded about with lace of gold The Caparisons of their horses were of the same Also the Saddles the Petrels Croopers and Girthes were of vermilion silke mixed with gold so was euery mans scaberd and all the fauours in their Creasts were made of white and vermilion red The chiefe Knight of the princes company was the Marques of Pescara sonne to the Marquesse of Guasta in Italy who called himselfe Knight Anonius a beardlesse yong man yet so valorous as in that fight he receiued a crowne Next to him was the Baron Noirquerk a Fleming called Knight of the the Rose a gallant Gentleman yet at the first encounter taken prisoner The third was the Marquesse of Monte Knight of the Skie because his Armour was of that colour Hee passed the Strait but further hee could not goe The fourth was the Prince of Piemount and Duke of Sauoy whose vertue merited a garland but his sword could not gaine more ground but onely to enter the Iland The fift was the Prince of Spaine who brake his two first Launces with great courage and the third was torne with so great violence as thereof ten pieces were seen to lie on the ground These courses furiously perfourmed he drew forth his sword and with marueilous
are they to be all punished alike but the Iudge is to examine the circumstances of the cause The law willeth that who so is found a Desertor in warre is to be capitally punished whether hee were horseman or souldier on foote But if a horseman doe prooue a Desertor in peace he thereby forfeiteth his degree or if he were a footman he looseth his pay If such an offender be found in the citie he incurreth the losse of his head but being elswhere found and that the first fault hee may be restored but offending the second time shall loose his life He that to this fault shall adde any other ought be the more sharpely punished and hauing so offended he shall be in case as if he had bene twise a Desertor To this kind of offence in diuers ages and by diuers Princes diuers penalties were appointed The Spartanes repulsed such men from being capable of any office and to liue euer vnmarried also to giue place to all other men and haue the one side of their beards shauen Auidius the vsurper commanded that some should haue their hands cut off and other their legges broken Dauid King of Scottes and second of that name being forced to flee his kingdome at his returne as one mindfull of those that abandoned him in time of danger caused all Chiefetaines and Captaines to pay money and would haue disinherited Robert Stewart who was before named his heire Also for an example to posteritie he imposed a pecuniary punishment vpō al those that did abandon their king in fight Another sort of fugitiues be they that beeing taken prisoners will not returne although so they might of which number some doe onely rest with the enemie and others doe take part and fight on his side which is an offence of great importance Paulus the Ciuilian writeth That such offenders should be either burned aliue or hanged Vlpianus would haue them also burned Or rather as some report he was not executed by the King for leauing him but by the factious Lords for adhering firmely to the King Nicholas Brembre an Alderman of London at a battell in Essex or neere Oxford as others say fled from King Richard the second and after being found in Wales was brought from thence to London where hee was publikely put to death Also at the siege of Capua seuen hundred fugitiues were taken beaten with roddes and their hands cut off By these examples appeareth that no certeine punishment was inflicted for this offence To these we may adde all seditious persons who desirous of innouation doe attempt diuers enterprises to mooue mutenie or rebellion These seditions are most commonly in armies composed of diuers nations or where strangers are called for aide In Cybaris a great number of Achaians and Troezenians did dwell quietly vntill the Achei finding their number the greater tooke Armes and expulsed the Troezeni In Constantinople likewise the strangers did conspire to oppresse the Citizens but in a battell were all forced to flie Also after the suppression of the tyrants in Syracusa the strangers and hired souldiers fell into great dissention For reformation of this fault Iulius Caesar is to be followed who finding such a mischiefe to arise cleared the armie of all busie heads sware the souldiers and at the beginning repressed the sedition Modestinus the doctor did giue counsell that whosoeuer did begin any muteny should loose his life if the sedition were dangerous but beeing of lesse moment the beginner thereof should be cassed The law of Naples commandeth that souldiers or others mouing any sedition should forfeit both life and goods Trebonius a chiefe conspiratour against Caesar was put to death by Dolabella and Marinas Phalerius Duke of Venice for conspiring against that state was beheaded yet in some places and times the punishment of these offences was onely pecuniall or infamie Another crime of greater consequence it is to yeeld vp or abandon a place of strength or depart from a standing giuen in charge for by the Romane lawe those crimes were euer accounted capitall It is likewise capital for feare of an enemie to forsake the trench the wall or other place to be defended Therefore Augustus Caesar caused certaine Captaines hauing abandoned a place vpon paine of death to recouer it Modestinus saith That he who leaueth his place of watch or warde is to be reputed worse then an Emansor and consequently for such a fault to be punished or at the least be discharged his seruice and he that forsaketh the trench incurreth the same penaltie though the enemie doe make no approch but if the enemie be at hand then so to doe is capitall Euery man may reade that Appius Claudius sent certaine bands against the Volses and they abandoning their ranks were beaten with rods and after executed which proceeding seemeth extreame and therefore in like case some fewe haue bene put to death to terrifie the rest Antonius leading an armie against the Parthians executed onely euery tenth man of those that first did runne away The like was done by Appius Claudius in the warre against the Volses putting a few of those souldiers to death that first abandoned their Ensignes Caius Caesar according to the Lawes of Petreius at suite of the Legions did put to death onely twelue persons that were the chiefe moouers of sedition so great was his mercie Neuerthelesse the vse was euer to put him to death that did flee first It is sayd that Epaminondas walking the round where the watch was set hapned to finde a souldier fast asleepe whom forth with he slew with his sword saying As he found him so hee left him The like penaltie doe they incurre that sleepe or depart from their place of watch which moued Epaminondas to account a souldier sleeping like a man without life By the law Militarie it is prouided that if any Souldier doe loose his Armes or sell them hee shall for so doing be capitally punished or at the least disabled to beare Armes at the discretion of the Iudge Or if any souldier doe cast away his Armes and not defend himselfe against the enemie shall thereby incurre infamy The old Romanes reputed him worthy to receiue a bastonado that abandoned his Ensigne The like punishment they thought due to him that did forsake the Generall If any Captaine did flee from his Company or any Ensigne-bearer did let fall his Colours he was beheaded or beaten to death with cudgels Appius Claudius being sent against the Volses caused certaine Ensigne-bearers for loosing their Colours and others that fled out of their rankes to be beaten with rods Paulus the doctor holdeth it a great fault for any Souldier to sell his Armes yet seemeth hee lesse culpable then the former But that kinde of crime is thought equal vnto desertion and whether he sell all or part of his Armes the fault is one Yet that doctour maketh this difference viz. he that selleth his greaues or his powldrō s ought to be beaten But who so selleth
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 d●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
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 aut●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