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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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French king all souldiers were inhibited to goe from the Armie without License It was also the Romane vse that euery souldier did aske leaue of his Captaine and the Captaine to haue License of the Generall of horse or Captaine general before he departed from the Armie also during his absence to leaue a sufficient man to supplie the place and he himselfe to returne at the time prefixed which done he receiued his whole pay without diminution as though hee had neuer bene absent As touching the limitation of time and the number of souldiers who were licensed to be absent we reade that Scipio in the warre of Carthage gaue license vnto three hundred Sicilian souldiers and put three hundred other men to serue in their places and Francis the French king commanded that more then thirty horsemen should not be licensed to go from the Armie at one time and they not to be absent longer then three moneths vpon paine to be checked of their whole wages William Rufus King of England did inhibit souldiers and all other subiects of reputation to depart the land without leaue which is yet obserued It seemeth by Pol. Virg. that rather the hand of God then the King punished this attempt for he was there slaine in the battell And Polydor Virgil writeth that one Edward Wooduile chiefe gouernour of the Isle of Wight for going forth of the Realme without license was put to death vnder King Henrie the seuenth But Zeno the Emperour punishing that offence more mildely ordained that if any souldier were absent one whole yere without license he should be put after tenne if he were absent two yeres he should giue place to twenty if three yeres then to be vtterly discharged from the Armie at his returne thither Theodosius and Valentinianus in that case would not vtterly discharge them the Armie vntill foure yeeres absence was complete If any souldier were sent vnto a Prince to performe any seruice and at his returne did signifie such employment together with his diligence to returne in that case he ought be excused because his absence was by commandement and in seruice of the State not for his owne profit or priuate commoditie But who so for his owne particular affaires is licensed and assigned a day of returne in failing thereof he shall be reputed a loyterer or a fugitiue vnlesse he be deteined or otherwise iustly excused To conclude therefore we say that no souldier departing from his Ensigne without leaue can be excused nor his absence auowable but when the same is for seruice of the prince or common weale as Scoeuola in his militarie Ordinances hath written CHAP. 30. ¶ Of Ambassadours or Legats THe office of an Ambassador was by the Romanes accounted both honourable and sacred including as well power of commandement as dignitie Whensoeuer therfore any Ambassadour did come to Rome he was first brought vnto the Temple of Saturnus there to haue his name written before the Praefectiaerarij from thence he went to deliuer his legation vnto the Senate But first it ought be remembred that men meetest to be employed for Ambassadours are they indeed who are of most sagacitie and greatest skill how to discouer the counsels and designes of the enemy Scipio Africanus hauing occasion to send an ambassage to Syphax elected certaine Tribunes and Centurions and caused them to be basely apparelled Cato beholding certaine Ambassadors to be sent by the Senate to compound a peace betweene Nicomedes and Prusias the one of them had his headfull of skarres the second was impotent of his feet the third timersome said This Legation hath neither good head feet nor heart Ambassadours ought be in all countreys inuiolable in signe whereof they anciently caried about them the herbe Sagmen which we call Veruen to shewe they were sacred and that no man should dare to lay hold on them who so offred them violence was thought to haue done contrary to law of Nations Which moued Publius Mutius to command that whosoeuer did strike an Ambassadour should be deliuered vnto that enemy from whome the Ambassadour was sent And though the enemy receiued him not yet should he remaine an exile as if he were interdicted from fire and water according to the sentence of Publius Mutius Yet doe we read that Dioscorides and Scrapion Ambassadors sent from Caesar to Achillas so soone as they came within his sight and before he heard them or for what affaires they were sent commanded them to be taken and slaine Caesar likewise sent Marcus Valerius Porcillus vnto king Ariouistus who being there arriued was presently taken and put into prison notwithstanding he were a young man of great vertue and curtesie Likewise Comius Attrebas being sent by Caesar into Britane was cast into prison by the Britanes Laërtes Tolumnius king of Vients did ●lea foure Ambassadours of Rome whose portraitures remained long in the market place Such honour the Romanes vsed to giue vnto those men that dyed for their country Alexander the Great besieging a Citie called Tyrus sent Ambassadours vnto the inhabitants thereof who contrary to the lawe of Nations slewe them and from an high tower cast downe their bodies CHAP. 31. ¶ Of prisoners taken by the enemie WHo so is taken in the warre ought by the law of Nations to be reputed a lawfull prisoner yet if afterwards hee escape and returne home he recouereth his former estate They that are thus taken were by the Romanes called Serui quod seruantur as much to say as being taken they ought be kept not killed whereof may bee inferred it is vnlawfull to kill a man hauing yeelded himselfe because that acte is inhumane and all great Captaines haue forbidden it according to the saying of Horace Vendere cum possis captiuum occidere noli Herein also wee are to follow the example of ancient Princes and chiefe commanders in warre Alexander the Great tooke to wife Roxanes whom he had taken prisoner in the warre Henry the seuenth king of England hauing taken Lambert a king of Ireland together with his schoolemaster pardoned both their liues the one because he was a childe the other a person Ecclesiasticall and dedicated to God so sayth Polydor Virgil. Romulus made a law that cities taken by warre should not be vtterly demolished nor all beasts in the field slaine but setling there certaine Colonies they did participate of the commodities with the naturall people Yet true it is that some conquerors haue anciently vsed great crueltie For reade wee may that the Africans caused many Cathaginians their prisoners together with their Captaine Gestones to haue their hands cut off and their legs broken with a wheele Likewise Hasdrubal after Megarae was recouered from the Romanes caused their eyes their tongues secret parts to be torne with yron hookes he also cut off their fingers and flayed their bodies and before they were dead hung them vpon the walles We may also here remember the terrible custome of the Thuliti who vsed to
the more rich they were the more they were esteemed Among the Grecians there was not anciently any meane to be aduanced but only by the Emperours seruice wherein whosoeuer did continue any time were he neuer so basely borne should notwithstanding be made a Gentleman The Egyptians and Affyrians would not admit any man to haue the title of a Gentleman vnlesse he were a souldier and skilfull in Militarie affaires The rest of the people liued as slaues without reputation The Tartarians and Muscouites doe holde no man worthy the name of a Gentleman vnlesse he be a man of Armes a Captaine or at the least a souldier of extraordinary account For learning is there of no price CHAP. 19. Of Kingdomes and how Kings are to precede according to the Councell of Constance in the time of King Henry the fift WE reade that anciently the greatest and most noble Kings of the world were these viz. The King of Sycionia the King Egypt and the King of Assyria but of them that of Assyria of greatest power For Ninus the sonne of Belus had conquered and brought to his obedience all the people of Asia India excepted Others affirme hee commaunded the one halfe of the world and some say he was King of a third part So writeth S. Augustine li. 17. cap. 17. de ci Dei It is likewise by other writers said that in ancient time were foure mighty Kingdomes by Daniel compared to foure mettals viz That of Assyrians in the East was likened vnto gold that of the Persians and Medians to siluer that of the North Regions to brasse that of the Romans in the West to yron But the kingdomes of the East were most honourable though at length it pleased God that the Empire of Rome resembled to yron both in longitude and latitude exceeded all others For as yron doth cut and decrease all other mettals so the dominion and power of Romanes abased and eclipsed all other Regall puissance Howsoeuer that were the glory and greatnesse of the Romane force in tract of time did also become of small force weake and feeble according to the prophesie of Daniel ca. 2. But leauing to speake more of times so ancient we say that in Asia the chiefe Kingdomes are Catai Tharses Turnester Corasina India Persia Media Georgia Syria Cappadocia Ethinia c. In Affrica is Ethiopia Libya Arabia Iudea Cilicia Mauritania Numidia and others In Europe are likewise many kingdomes but of them these are most potent viz. England France Scotland Spaine Portugal Denmark Moscouia Sweden Poland c. Now touching the Precedence of these Princes in Europe by diuers writers it is affirmed that the King of France may iustly claime the chiefe place First for that it pleased God to send from heauen vnto Clodoueus the first Christian King of that Nation three Lilies as a Diuine fauour to be from thenceforth borne in the Armes of that kingdome before which time the Kings Armes was three Toades Secondly they alleage that France is the most ancient kingdome of Europe and that Suardus was King of that Nation in the raigne of Alexander Thirdly because the King of France is anointed which indeed seemeth a marke of much preeminence Fourthly for that the French King beareth the title of Most Christian. Lastly because it hath been in sundry papall Consistories decreed that the Ambassadours of France should precede the Ambassadors of Spaine Others hold that Precedencie appertaineth to the King of Spaine First for that he is entituled The most Catholique King Secondly because he is King of many kingdomes and consequently of most honour according to the prouerbe of Sal. In mulitudine populi dignitas regis which reason Salust seemeth also to confirme saying Maxima gloria in maximo Imperio But we say the chiefe place of honour and Precedencie in Europe appertaineth to the King of England First in respect of ancienty For albeit Alexander first King of the Grecians and of Persia called himselfe King of the world euen at that time Brutus was King of England and as some haue sayd Suardus was then King of France But Gaquinus in his Chronicle of France maketh no mention thereof not recordeth his name among the number of French Kings Secondly the king of England is anointed and so is no other king but the French King the King of Sicil and the King of Ierusalem Thirdly the King of England is crowned which honour the King of Spaine Portugal Aragon Nauarra and many other Princes haue not Fourthly the King of England is a Prince most absolute as from whom is no appellation either in iurisdiction Ecclesiastical or Ciuil And albeit Enqueranus Monstellet writeth that in the yeere 1420. at the Interuiew of the Kings of England and France making their entrie into the Citie of Paris the French King did ride on the right hand and kissed the Relikes of Saints first Yet is that no proofe of his right in precedence for Quilibet rex seu Princeps in suo regno in culmine sedere debet so saith Corsetus de potestate Regia And admit that in time more ancient the Kings of France had precedence before England yet since the Conquest famous victories of Henry the fift and Coronation of Henry the sixt in Paris the Kings of England may iustly take place neither is the title of most Christian any proofe of ancienty being only an honour giuen for certein seruices done by King Pepin and Charlemaine to the Church of Rome As for the allegation of Spaine affirming that the King Catholike is owner of many kingdomes and therefore of most honor that reason is of no consequence For so is also the King of England whose only kingdome of England is by nature inexpugnable and so plentifully peopled as sufficeth not onely to defend it selfe against all other Nations but also to inuade and conquer as both Spaine and France hath made experience But the last and most effectuall reason in fauour of England is that the King and people thereof receiued the Gospell and faith Christian before France or Spaine Also the Bishops with the Ambassadours English had precedence in the greatest general Councels of Christendome as particularly appeared at the Councell of Constance where the Bishops of England were present and honoured accordingly At which time it was doubted whether Spaine should be admitted a nation but in the end the Spaniards were allowed for the fift and last nation And al the people there assembled were diuided into fiue classes or rankes viz. Germanes French English Italians and Spaniards The Germane ranke contained themselues Bohemia Hungaria Polonia Dalmatia Graecia and Croatia The French had place alone as a nation absolute To the English Nation Scotland Norway Denmark Sweden and Cyprus were adioyned The Italians had all the Kingdomes subiect to Rome Sicily Naples and Argier With the Spaniards were the Ambassadors and Bishops of Castilia Arragon Maiorca Nauarra Portugall and Granado This assembly contained the Legates and Ambassadors of 83. Kings Besides
speede pearced further into the Iland till in the end of three assaults he gained the place where the fatall sword was whereof hauing layd hold he flourished ouer his head and forthwith the misty cloudes of darkenes vanished so as euery man might see all places of the Castel The darkenes of the fortresse thus driuen away the Prince with his inchanted sword touched the wals and immediatly they fell downe The castel thus demolished the Inchanter Norabroc with a Turkish cap on his head came forth and kneeling on his knees desired the Princes pardon Therewith also he set at libertie all the knights whom he held in prison and they being free in triumphant wise fo●lowed the Prince to his Court. CHAP. 42. The inauguration of Carolus Magnus King of Italy Anno 773. WHen Desiderio King of the Lombards was taken prisoner and the people of Lombardie yeelded to Charles he proclaimed himselfe King of all Italy which title by law of Armes he iustly claimed to be his The same was also by the decree of Pope Gregory confirmed Then was he also by the Bishop of Milan crowned at Modena The crowne he recei●ed was of iron for of that mettall he commanded it should be made enioyning all his successors to doe the like The order and ceremonies of that coronation remaineth recorded in the Rota at Rome and is to this day obserued at the Inauguration of all Emperours when they are elected King of Romanes The morning when this Charles was to be crowned certaine Bishops were sent to conduct him from his chamber vnto the Church and being come thither he was brought before the high Altar Then the Archbishop after he had said certaine prayers turned himselfe to the people and asked them whether they did consent to receiue that Prince for their King and whether they determined faithfully to obey his lawes and commandements So soone then as the people had pronounced their consent the Bishop with holy oyle anointed the Kings head his breast and shoulders therewith praying God to blesse him and grant him good successe in Armes with an happie succession of children These Ceremonies being ended the Archbishop deliuered into the Kings hand a sword and ornified him with a bracelet a ring and a scepter Also vpon his head he set the crown aforesaid All those things being done he kissed him as a signe of peace and so departed from the King CHAP. 43. The Inauguration of Carolus Magnus being made Emperour Anno 800. WHen the people inhabiting the confines of Beneuento had much molested that Countrey and were subdued by Vinigesius the sonne of Charles then Duke of Spoleto Leo the Bishop of Rome in the time of prayers when all the people were assembled the Barons of Rome also present did consecrate and anoint Charles before the Altar Basilica where he also receiued the Ensignes of the Empire From thence he was conducted to the chiefe Altar of the Temple and there anointed when he had raigned in France 33 yeeres before which time no Emperour in three hundred and thirtie yeeres had bene seene in Italy This order of coronation hath euer since bene obserued At euery such coronation the people with one voice did cry Carolo Augusto Magno Pacifico vita victoria The same time also Pypin his sonne was anointed and by solemne decree of the Pope declared King of Italy CHAP. 44. The Inauguration of Pope Gregorie x. IN the yeere 1268. Pope Clement the fourth died at Viterbo After whose death the Papacie by discord of Cardinals was voide two yeeres and nine moneths The Cardinals then present in Court were seuenteene whose disconformitie continued the seat voyd almost three yeeres yet did they assemble often but euery one ambitiously affecting the Papacie for himselfe nothing could be concluded for in those dayes the Cardinals were not shut vp in the conclaue as since hath beene the vse but euery one went at libertie and at his pleasure The creation of the Pope thus deferred Phillip the Frence King and Charles king of Sicill came vnto Viterbo to sollicite the election yet they preuailed not One day these Kings being present in the Conclaue the Cardinall of Porto seeing the frowardnesse of the other Cardinals who seemed to pray ayd of the holy Ghost in that action said vnto them My Lords let vs vntile the roofe of this chamber for it seemeth the holy Ghost cannot enter if the house be still couered And so soone as he heard that Gregory was pronounced Pope he framed these verses of that election viz. Papatus munus tulit Archidiaconus vnus Quem patrem patrum fecit discordia fratrum This Pope before his ascension was called Theobaldus an Archdeacon no Cardinall being also at that time beyond the sea at Ptolemaida in Syria whether he was gone with Edward the King of Englands eldest son From thence they intended among other pilgrims to go vnto Ierusalem But hearing he was pronounced Pope returned from Syria into Italy and being come to Viterbo he receiued the Ensignes of Papacie From thence he passed to Rome and was there crowned by the name of Gregory the tenth He liued Pope sixe yeeres sixe moneths and tenne dayes and finding fault with some orders of the Church chiefly in electing the Pope he framed diuers Canons of which these are part First that the assembly of Cardinals for choise of euery new Pope should be at a place fit for the purpose and where the Pope defunct with his Court did die But if the death hapened in any village or small towne then the next citie to be the place of election That no election of any new Pope should be till after ten dayes that the other Pope departed to the end the Cardinals absent might appeare That no Cardinal in his absence should be permitted to haue any suffrage or voice in the conclaue That euery Cardinal absent and euery other person of any condition should be capable of the Papacie That no Cardinal entred into the Conclaue should goe out before the new Pope were created That no Cardinal or other person should ambitiously endeauour to compasse the Papacie by money or other corruption vpon perill of the Popes curse CHAP. 45. ¶ The Inauguration of Henry the 4. King of England 1399. THis King called before Duke of Lancaster came first to Westminster and from thence he went vnto the Tower of London accompanied with the Nobilitie and the rest of his Court there he made nine Knights of the Bath and 46. other Knights The next day after dinner he returned to Westminster in great pompe he himselfe riding through London kept his head bare and about his neck he ware the collar appertaining to the Order of Fraunce Before the King went the Prince his sonne sixe Dukes sixe Earles and eighteene Barons besides other Lordes Knights Esquiers and Gentlemen to the number of 900. or thereabout By the way awaited the Lord Mayor with his brethren and officers of the City Also the companies of euery