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
should not be arested to the vse of his creditors if other meane of satisfaction might be found Because the law compelleth souldiers to pay only so much as they are able yet that fauour extendeth not to all men professing armes but those in particular that haue serued long and for such debtes as they incurred during the time they continued in the warre Here is it also to be remembred that no gift bestowed for seruice may be vpon any priuate contract impawned For if the creditor can be otherwise satisfied then the law determineth no execution shall be taken vpon gifts or goods bestowed for seruice anciently reputed sacred which reason mooued the most Christian king Francis to make an Edict whereby he commanded that vnto such souldiers as wanted money victuall should be sold in credit but if after a conuenient time that debt were not payd then the Treasorer should make stay of the souldiers pay and deliuer it vnto the creditor Likewise Charles the seuenth did forbid that the Armes of souldiers should be sold to satisfie creditors The law of Graecia did also inhibit the taking of Armes for satisfaction of debt yet by the same law power is permitted vnto creditors to arrest any souldiers person that is indebted The same lawe likewise commaundeth that no artificer appertaining to the warre should be personally imprisoned for money yet was it lawfull to extend his goods Solon in his law called Sisacthia made for the Athenians seemeth to thinke it vnreasonable that the body of any Citizen should be imprisoned vpon debt due for vsurie Summarily therefore we say That souldiers are bound to pay so much as they are able and no more which happily mooued Tertullianus to affirme that who so hath possession of any stocke of goods chiefly appertaining vnto the warre he may be forced to pay vnto his creditors so much as is properly his owne but not take any thing belonging vnto the State neither is it lawfull for the father to sell the lands or goods entayled or assured in perpetuum vnto his heires as Papinianus hath written CHAP. 35. ¶ Of Captaines generall Marshals and other chiefe Commanders IN Athens a man called Dionysiodorus did take vpon him to reade an art of conducting and trayning souldiers which skill albeit he had knowen yet could he not enforme any of his auditory how to become a good Commander because the leading of men is indeede the least part of Commanding For it behoueth a Generall not only to conduct an armie but also to prouide things needfull both for the warre and mainteining of men A carefull chieftaine therefore is to shew himselfe patient prudent cautious liberall and such a one as loueth more to giue then to keepe Homer vsed to call Agamemnon a Pastor of people because he carefully intended the safety of his Army Antonius for many qualities no commendable Emperour yet in one point much to be praised because he liked better to be called a companion of armes then a Prince He also sometimes vouchsafed to march on foot and in his owne hand carry the generall ensigne of the armie which was of great poyze and not to be borne of the strongest souldiers without much paine Theodosius the Emperor did not command the meanest souldier to do any thing but that he himselfe would sometimes doe wherein he performed the part of a stout souldier and an excellent chiefetaine which example percase mooued ancient men of warre after victory to elect their Emperour out of the number of notable souldiers for so it seemeth Germanicus was aduanced We likewise reade that Tiberius was pleased to consent that Blesus should be called of the Legions Imperator for that was the ancient title due to Commanders generall The historie of Maximinus sheweth that he became preferred by the warre being borne of obscure parents in Thracia and as some write the sonne of a shepheard Yet because he was a man of great fortune courage and strength by the degrees of warre he aspired to gouerne many Countreys After that time he became Liuetenant generall vnto Alexander and in the end by the Romane armie chosen Emperour Thus much concerning generall Commanders aduanced for proper vertue Plato in his common weale wisheth a Chiefetaine to be elected in this sort A General of horse saith he ought be made by consent of the whole Armie The Praefecti whom we call great commanders were elected by those souldiers that bare targets The Tribunimilitum had their aduancement by voice of men at armes and other Captains of meaner place were appointed by the chiefe General The horsemen did euer giue their voyces first in presence of the foot bands and two of them that gained most voices were appointed to commaund the rest The Captaines also did name him for Emperour that was in seruice most painefull in perill most resolute in action most industrious in execution most quicke and in counsell most prouident In this election no respect was had whether the person elected were a Senator or recommended by the Senate because the qualities aforesayd sufficed to make a Generall as appeared in Maximinus the Emperour in whose election the Senate did not intermeddle That General therefore seemeth of most sufficiencie who knoweth as a souldier how to offend his enemie gouerne his owne forces endure heate and cold sleepe on the ground patiently suffer both labour and lacke For sometimes we see that he who hath authority to command needeth another to command him Some others also are called to authoritie and command in the warre before they haue skill how to doe it or haue read any precepts military or are by the rules of predecessors enformed For a matter of more difficultie it is to know what appertaineth vnto a Captaine then to execute the office of that place seeing skill must precede action and vse goe before commandement In this point we haue heard Francis the French king much commended who kept in memorie the historie of all his predecessors and to witnesse his proper valor at the battel of Pauia wherin albeit he was vnfortunate yet with his owne hand he slew a German Ensignebearer to his eternall glory It seemeth therefore expedient for all Princes and commanders in warre to be well studied in histories and chiefly those that concerne the actions of their ancestors which perhaps moued Edward the third king of England at such time as he made warre vpon Robert the second king of Scots to command a certaine Monke to attend his Maiestie in that expedition and with his penne to expresse in verse being indeed an excellent Poet all the actions and proceedings of that enterprise Mahomet the second king of Turkie endeuoured much to know the histories of his predecessors and gaue bountifull rewards vnto one writer called Iohn Maria of Vincenza for expressing the victorie he obtained against Vssancassan king of Persia as Paulus Iouius noteth much more praise and honour is due vnto those Captaines that haue by long seruice and due degrees of warre
daunger Hieramias with his right hand deliuered a sword vnto Iuda and in the name of God made him a Knight saying Receiue this sacred sword sent from God wherewith thou shalt vanquish the enemies of Israel It hath bene also a custome ancient that Princes did giue collars as a singular demontration of fauour and honour Plinie reporteth that the Romanes did giue vnto their confederates a collar of gold and to their owne citizens a collar of siluer When Manlius in single combat had slaine a French man hee tooke from him a collar of golde all bloodie and put the same about his owne necke in token of victorie After which time he was surnamed Torquatus because Torques in the Latine signifieth a collar or chaine The Emperours in like maner bestowed collars vpon Captaines and others that serued in the warre and deserued commendation In some Histories may be found that collars were of two sorts the first called Duplares th' other Simplices And with those collars the Emperours for the most part did giue prouision of money or vittaile to some more to some lesse For these reasons and by these examples it appeareth that among the ensignes and ornaments of Honor and Armes the great Collar is of highest reputation It is also seene that Princes soueraigne doe at this day bestow chaines or small collars vpon men of vertue or fauour and in token thereof for the most part a picture or modele of the giuer is thereat pendant which Collat the Knight or Gentleman that receiueth it ought carefully to keepe during his life The ancient custome was that Knights of meane degree and such as were not of the great Orders whereunto particular habits are assigned should in signe of honour weare a garment of scarlet because red representeth fire the most noble element and next vnto the Sunne of most brightnesse It was therefore among the olde Romanes decreed That no man should weare any habit of that colour but only Magistrates and men of dignity Red doeth also betoken boldnesse magnanimitie and ardent loue with charitie The element of fire is also assigned to Mars in respect whereof that colour is most proper to Knights Captaines and all other professours of Armes Carol D Howard Comâ— Notingham 〈…〉 CHAP. 9. Knights of the Garter EDward the third King of England after hee had obtained many great victories of Iohn the French King and Iames King of Scotland both prisoners in the Realme at one time Henry King of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did first erect this order in his kingdome Anno 1350. vpon no waightie occasion as is reported Notwithstanding the same is and long hath bene in so great reputation as Emperors Kings and Princes haue and doe desire to bee companions thereof for their greater honour The patron of this Order is S. George vnto whom it was first dedicated The Soueraigne of this Order is the King of England his heires and successors for euer The number of this Colledge of fellowship is 26. Knights with the Soueraigne and when any of them die another is chosen by consent of those Knights that liue The habit of these Knights is an vnder garment or gowne of Crimsin veluet of some called akâ—rtle ouer which he weareth a mantle of Purple veluet lined with white sarsnet on the left shoulder thereof is embroidred in a Garter an Eschuchion of S George and ouer his right shoulder hangeth his hood of Crimson veluet lined with white the Cordons to the mantle are purple silke and gold Aboue all which about his necke he weareth the collar of the order being of pure gold made of garters and knots and enamiled with roses white and red weying 30. ounces of Troy weight with the image of S. George richly garnished with precious stones pendant thereat About his left legge he weareth buckled a garter enriched with gold pearle and stones whereupon these French words are embrodered HONY SOIT QVI MAL Y PENSE Which may be thus Englished Shame be to him that euill thinketh The custome was long that these Knights did yeerely hold a feast at the Castle Windesor where the same King Edward founded a Church and gaue vnto certaine Priests and Prebends large stipends to serue there And he ordained also that thirteene poore aged and decayed Gentlemen by the name of poore Knights were there for euer to be maintained and kept inuested in gownes and mantles of cloth onely sutable with those of the Order to pray for the prosperity of the Soueraigne and his successors and all other Knights of the said noble Order It is not publiquely knowen what mooued the King to make this order but thus it is vulgarly reported that King Edward dauncing with the Queene and other Ladies of his Court hapned to take vp a blewe garter which fell from one of them and of some said from the Countesse of Salisburie of whom the King was then enamored which garter the King afterwards wore about his left legge for a fauour The Queene taking some offence thereat it was signified vnto the King by some of the Lords the cause of her displeasure at which he smiling sayd HONY SOIT QVI MAL Y PENSE I will make of it yet it be long the most honourable Garter that euer was worne and thereupon instituted the order of the Garter Some rather thinke it was made to remunerate those Noble men and Knights that had best endeuoured and deserued in his most Royall and Martiall affaires of France Scotland and Spaine with all which Nations he then had warre and triumphed The Statutes of this great Order for that they are sufficiently knowen I here omit The names of the first Knights KIng EDWARD the third Soueraigne Edward Prince of VVales Henry Duke of Lancaster Thomas Earle of VVarwicke The Captaine of Bouche Ralph Earle of Stafford William de Mounteacute Earle of Sarisburie Roger Lord Mortimer Sir Iohn Lisle Sir Bartholomew Burgwash Sir Iohn Beauchampe Sir Iohn de Mohun Sir Hugh Courtney Sir Thomas Holland Sir Iohn Grey Sir Richard Fitzsymon Sir Miles Stapleton Sir Thomas Walle Sir Hugh VVrothesley Sir Neel Loring Sir Iohn Chandos Sir Iames de Audley Sir Otho Holland Sir Henry Eme. Sir Zanchet d'Abrigecourt Sir VVilliam Paganel The names of those Knights that are this present yeere 1602. of the same most noble Order ELIZABETH Queene of England Soueraigne Henry the fourth the French King Charles Howard Earle of Notingham Thomas Butler Earle of Ormond Thomas Sackuile Lord Buckhurst Gilbert Talbot Earle of Shrewsbury George Clifford Earle of Cumberland Henry Percye Earle of Northumberland Edward Somerset Earle of VVorcester Edmond Sheffeild Lord Sheffeild Thomas Howard Baron of VValden George Carey Baron of Hunsdon Charles Blount Lord Montioy Sir Henry Lea Master of her Mties Armorie Robert Ratcliffe Earle of Sussex Henry Brooke Lord Cobham Thomas Scrope Lord Scrope VVilliam Stanley Earle of Derby Thomas Cecil Lord Burleigh  The Officers appertaining at this
and called Borgo di Santa Maria or Mareenburg where is now the chiefe Church appertaining to this Order there unto belongeth so great riches and reuenues as these Knights may both for men and money compare with diuers Princes This countrey of Prussia is great and much thereof bounded by the riuer of Vistola and is also confined by Sarmatia the Massagets and Polonia These Knights are also Lordes of Liuonia which was likewise by them brought to the faith of Christianitie is with Christians inhabited CHAP. 27. Knights of the Sepulchre THis Knighthood is now extinct or rather conioyned vnto the Order of Malta The Ensigne belonging to these Knights was two Red Crosses vnited CHAP. 28. Knights of S. Mary The habit of this Order was very pompous and thereupon a red Crosse wrought with gold round about They were specially inhibited to weare gold in their spurres and horse harnesse They made profession to fight against the Infidels and all others that offended iustice notwithstanding they liued euer at home in rest with their wiues and children They were commonly called Caualieri di Madona but because they liued continually in ease and pleasure men termed them Fratri gaudenti as much in our language as Good fellow brethren It may be some of them are yet extant CHAP. 29. Knights of S. Lazaro These Knights doe professe to be obedient vnto their great Master and other officers of the Order they promise also to liue chast or at the least continent and content with one wife Also to be charitable and liberall chiefely to poore people infected with leprosie Moreouer euery Knight promiseth to weare a greene Crosse and before they enter into this Knighthood must prooue himselfe to be borne in lawfull wedlocke and a Gentleman both by father and mother and to beare Armes Also that he is descended of ancient Christians and no Morrano or Turke That he hath of rent at the least 200 crownes wherewith to maintaine his dignitie That he and his auncestors haue euer liued as Gentlemen without vse of any base or mechanicall occupation That he hath not bene suspected of any notable euill fact or is defamed for any vice That he be not indebted nor is wedded to any widowe or hath had more then one wife But besides these passable protestations he must vndertake to say fiue and twentie Pater nosters and so many Aue Marias with other superstitious things not worthy the writing This Order hath of late time bene much fauoured by the Dukes of Sauoy CHAP. 30. Knights of S. Stephano The Statutes annexed to this Order are not vnlike to those appertayning to the order of Malta sauing that these haue libertie to marrie The chiefe place of their resiance is the citie of Pisa where the Duke prepared them a Church and builded for them a pallace wherein to lodge And because neere to that Citie is a Hauen fit to receiue the Gallies wherin these Knights should serue it seemed good to that Prince to settle them there The Duke himselfe and his successors is Great master of this Order and vnder him are diuers other Officers of reputation This is the last Order or degree of Knights that I haue seene or read of THE THIRD BOOKE Concerning Combat for life Iusts Turnements Triumphes and Inaugurations of Emperours Kings and Princes The Contents of this Booke THe Prooeme Of particular Combats with their original Ca. 1. Whether Combats may be iustly permitted Ca. 2. When and how Combats were in vse Cap. 3. What exceptions or repulses may mooue the defendors to refuse the Combat Cap. 4. Whether a man of meane qualitie may chalenge his superior Cap. 5. What sorts of men may not be admitted to trial of Armes 6. Who was anciently accompted victorious in Combat Cap. 7. What was anciently due vnto such men as were victorious in publique Combat Cap. 8. Of the disequalitie of Gentlemen Cap. 9. Of the qualitie and disequalitie of great Nobilitie and the priuiledges due to all men professing Armes Cap. 10. Of Armes offensiue and defensiue Cap. 11. Of the Election of weapons Cap. 12. Certaine questions opinions and iudgements vpon accidents in triall and exercise of Armes Cap. 13. Of honour gained or lost by being disarmed in sundry places and sundry peeces Cap. 14. Of honour gained or lost by hurts giuen or taken in Combat for life or triumph Cap. 15. Of Combats ancient Cap. 16. The order of Combats for life in England anciently recorded in the Office of Armes Cap. 17. Of Triumphes ancient and moderne Cap. 18. Of Triumphes and their Originall Cap. 19. Of the maner of Triumphing and the habits of the Triumpher Cap. 20. Of the diuers qualitie of Triumphes in Rome Cap. 21. In what Order the Romanes triumphed Cap. 22. Of other furniture and pompe appertayning to Triumphes in Rome Cap. 23. Of the Triumphal going of Darius to meet Alexander the great Cap. 24. The Triumphal entry of Xerxes K. of Persia into Greece yet afterward forced for feare to flie into his owne kingdome Cap. 25. Of Triumphes in Germanie Cap. 26. Of Triumphes at the enteruiew of Pope Alexander and the Emperour Frederick Barbarosa at Venice Anno Dom. 1166. Cap. 27. An admirable Triumphal shew at Venice to congratulate the recouery of Cypres Anno 1366. Cap. 28. A Triumph in the raigne of King Richard the second Anno 1590. Cap. 29. A Triumphal passage of Charles the v. Emperor through France Anno 1540. Cap. 30. A triumphal entrie of Philip Prince of Spaine at Millan Anno 1548. Cap. 31. A Military chalenge in Italy Anno 1555. Cap. 32. Of triumphal challenges in France Cap. 32. Of one other Military action betweene fiue English gentlemen and fiue French Cap. 34. An other like action Cap. 35. An other chalenge of a French gentleman in Spaine Cap. 36. An other notable challenge in France Anno 1390. Cap. 37. An other most noble challenge Cap. 38. The triumphant interuiew of the Kings of England and France Anno 1519. Cap. 39. A triumph celebrated in France Anno 1559. Cap. 40. A Militarie triumph at Brussels Anno 1549. Cap. 41. The Inauguration of Carolus Magnus King of Italie Anno 773. Cap. 42. Carolus Magnus Inauguration being made Emperour Anno 1800. Cap. 43. The Inauguration of Pope Gregorie the tenth Cap. 44. The Inauguration of Henry the fourth King of England Anno 1399. Cap. 45. The Inauguration of Charles the French King at Rhemes Anno 1380. Cap. 46. At the Inauguration of King Henry the thirde French King three notable things obserued Cap. 47. The Inauguration of Charles the fift Cap. 48. Ceremonies appertaining to the deliuery of Prizes at Iusts and Turnements Cap. 49. Of Iusts and Turnements and how the Accidents in such exercises are iudged in the kingdome of Naples Cap. 50. Iusts and Turnements how they were anciently iudged by Iohn Tiptoft Earle of Worcester high Constable of England in the Raigne of King Edward the 4. Cap. 51. Triumphes Military for honour and loue of Ladies brought before the Kings of England Cap.
52. A triumph before King Edward the third A triumph before King Edward the fourth A triumph before King Henry the sixt A triumph before King Henry the seuenth A triumph before King Henry the eight Of like Actions in Armes since the Raigne of Queene Elizabeth Cap. 53. The Originall occasions of yeerely Triumphes in England Cap. 54. The Authors conclusion The Prooeme ALbeit in ages more ancient Princes were sometimes pleased to admit priuate Combate and triall by armes yet euen then the lawes determined that no man of base calling could be allowed to fight with any Gentleman or other person by long seruice or vertue become Noble It behoueth therefore to know what Nobilitie and Gentilitie is Be therefore enformed that Nobilitie is as some haue defined it ancient riches accompanied with vertuous qualities Others affirme that riches being of their owne nature vile cannot make men Noble concluding that vertue alone sufficeth Bartholus sayth that vertue onely maketh a man Noble and riches is an ornament thereof Others doe thinke that Nobilitie proceedeth from the ancient honor fame and title of Predecessors because other wise a bondman being vertuous might challenge that honour Some also haue thought that as before God he is most Noble and worthy vnto whom he hath giuen most grace euen so is he most Honourable among men whom Princes or lawes haue aduanced vnto dignitie Howsoeuer it be most sure it is that no man giueth vnto himselfe any title but it behooueth him to receiue it from others Therefore Bartholus concludeth that to be made Noble it is requisite the Prince should bestow some sort of dignitie office or title vpon the person that is ennobled to the end he may be knowne from other men But our opinion is that men may be reputed Noble by three meanes First by nature or descent of Ancestors which is the vulgar opinion Secondly for vertue onely which the Philosophers affirme Thirdly by mixture of Auncient Noble blood with vertue which is indeed the true and most commendable kind of Nobilitie For seeing man is a creature reasonable hee ought be Noble in respect of his owne vertue and not the vertue of others which moued Vlysses to say vnto Aiax boasting of Ancestors Et genus Proauos quae non fecimus ipsi Vix ea nostra voco c. But for manifestation that naturall Nobilitie mixed with vertue is most true and perfect thus may it be prooued The Almighty hath created all things both in generalitie and specialitie with a certaine excellencie and bountie one more perfect then the other one noble another ignoble For among stones some are precious others of no vertue of the better sort of them some more or lesse precious Euen so among liuing creatures both in generality specialitie we find some courteous and gentle others rude and vnciuill Much more is the difference of nature in men among whom the eternall God hath dispensed his grace to some more and to some lesse according to his diuine will and pleasure VVherefore they seeme to erre much that thinke Gentility in nature hath no force when experience proueth that of one race we see wise iust valiant and temperate persons Yet because in ordinarie obseruation we finde that neither the horse of excellent courage doth alwayes beget another of like qualitie nor that the vertuous man hath euer children resembling himselfe we doe not hauing proofe of their degeneration esteeme the one or the other as Iuuenal sayth Malo Pater tibi sit Thersites dummodo tu sis Aeacidae similis Vulcaniaque arma capessas Quà m te Thersitae similem producat Achilles Seeing then that either by nature nurture or endeuour some men are more vertuous then others therefore ought they bee reputed more Gentle Noble and worthy honour then are those which are void of noble Ancestors good education and industrie No rule is so generall or certaine but sometime receiueth exception Yet appeareth it that Nature in her owne operation doth seldome digresse from the order thereof The Faulcon neuer or very rarely bringeth forth other bird then a Faulcon The Greyhound engendereth a whelpe like vnto himselfe Neuerthelesse if either that bird in shape resembling her Dame hath not in her like vertue or that whelpe doth prooue in delight diuers from his Sire they thereby become either contemned or little esteemed Euen so is it among men descending from Ancestors of honour and vertue for if neither by celestiall grace nurture nor endeuour they aspire vnto the habite of vertue then become they thereby vnfit for all publike action vnprofitable to themselues and consequently disdained or at the least lightly regarded what Pedigree Armes or Badges soeuer are to warrant their Ancient Nobilitie VVherefore estsoones concluding I say with the Poet Tota licèt veteres exornent vndique cerae Atria nobilitas sola est atque vnica virtus Paulus aut Cossus aut Drusus moribus esto Hos ante effigies maiorum pone tuorum Praecedant ipsas illi te consule virgas Dic mihi Teucrorum proles animalia muta Quis generosa putet nisi fortia nempe volucrem Sic laudamus equum facili cui plurima palma Feruet exultat rauco victoria circo Nobilis hic quocunque venit de gramine cuius Clara fuga antè alios primus in aequore puluis CHAP. 1. Of particular Combats with their Originall THe Graecians called a priuat fight Monomachia and the Law Ciuil Duellum as it were the fight of two persons The first vse thereof was among the Mantineians in Greece where they that entred into such Combats did for the most part appeare in pompous apparell with feathers and other ornaments of great magnificence Those fighters also vsed Emblemes and Emprezes This kinde of fight seemeth very ancient for Homer and Virgil make thereof mention CHAP. 2. ¶ Whether Combats may iustly be permitted THe Popes of Rome haue long since inhibited all Combats The Lawes Ciuile also doe seeme to reiect that kind of triall Yet is it reasonable that a martiall man iustly challenged should without offence appeare in the field and with sword in hand defend his honour for by law of Nations it is lawfull he may so doe Yet ought he not without licence to fight within his owne Princes dominion if without losse of reputation he may doe otherwise And in the Romane state without the Magistrates allowance the law did absolutely forbid such fight Therfore as without licence combat was vnlawfull in Rome so was it with the Princes permission auowable for by such warrant Valerius Coruinus Marcus Torquatus and others did fight We reade also that Princes themselues contending for kingdomes by that meane to auoid effusion of blood haue determined their right wherof we haue ancient examples as the combat of Charles Duke of Anioy and Peter of Arragon contending for the Isle of Sicil of Corbis Osua brethren vpon their title to Carthage of
commendably acquite themselues but the other two of that side were ouerthrowen On the other side two only perfourmed their courses well and the rest of that company exceeding euill losing many Lances and running very foule whereof a question grew whether vnto fiue well doers and two euill or vnto two well doers with fiue euil the honour ought to be allotted Albeit in this case much may be 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 alleaged that the partie wherein were most weldoers ought to haue the honour notwithstanding the fall of two of their companions yet for so much as the fall from horsebacke by the enemies force or vertue is most reprochefull it seemeth that the misaduenture of two men onely may reasonably be the losse of honour to all the rest And therefore we leaue the iudgement of this doubt vnto wise men better experienced in Armes Two gentlemen being in combat for life the Challenger taketh the sword of the Defender from him notwithstanding the Defender most valiantly defendeth himselfe with his arme and hands all the whole day during which time he could not be forced either to denie yeeld or be slaine A question thereupon arose whether of them was victorious Forasmuch as this Combat was for life and that in euery fight of such nature no victory is fully gained vntill the Defender is slaine or els forced to yeeld or denie it seemeth that he is not to be iudged guiltie not hauing done any of these although his sword were lost which indeed in all martiall exercises and feates of Armes is a thing much to be discommended But most certaine it is that in all Combats and actions for honor loue and praise onely whosoeuer loseth his sword must presently also lose the honor and victory 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 euery prisoner appertaineth vnto his taker yet hath it commonly bene vsed that the victorious haue presented their prisoners vnto the Prince to be disposed at his good pleasure who in recompense thereof doe vse according to the magnanimous mindes of such persons not onely 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 Philip Duke of Millain did the like vnto an vnfortunate Gentleman vanquished by a Neoplitane Knight CHAP. 14. Of the honor gained or lost by being disarmed in sundry places and of sundrie peeces A Man that loseth his sword in fight is more reproched then he that loseth his shield For he gaineth the greatest honor that winneth the chiefe weapon from the enemie which is the sword seeing therewith the Emperour and Kings doe create their Knights and the sword is borne before them in in signe of authoritie and Regal power He that loseth his headpiece in fight is more dishonoured then he that loseth his shield because the Helmet defendeth the most principal part of man but the shield armeth a lower place He that loseth his Gauntlet in fight is more to be blamed then he who is disarmed of his Poulderon For the Gauntlet armeth the hand without which member no fight can be performed and therefore that part of Armor is commonly sent in signe of defiance He that is cast out of the Saddle by violence of his aduersaries encounter shal be more reproued then he who falleth by the default of his horse the breaking of Girthes or any such like accident CHAP. 15. ¶ Of the honor gained or lost by the hurts giuen or taken in Combat for life or in triumph HE that in fight loseth his eye shall thereby receiue more dishonour then he that loseth his teeth because the eye is a member seruing the most necessarie sence but the teeth are onely instruments of the mouth He that loseth his right eye is more to be reproached then he that loseth the left eye because the right side is in better opinion of men The like is to be sayd of the hands of the armes and legges If a man hauing but one eye doe fight with another man that hath two in losing that one eye he shall be more blamed then he who hath two eyes although he loseth one He that loseth his whole hand shall be more reproached then he who loseth one eye And he that loseth a foot is more disgraced then he that loseth one hand CHAP. 16. Of Combats auncient TOo long it were to tell the causes and euent of Combats heretofore performed by Princes and other persons of honourable qualitie Neuerthelesse who so desireth to know what was anciently done in matter of such quality let him read the Combats of Dauid with Goliah Of Romulus with Acron of Marcellus with Virdimarus king of France Of the Horatij and Curiatij Of Satibarzanes with Erigius Of Horrates with Dioxippus a Champion Of Alexander with Porus king of the Indians Of Titus Manlius with one other Frenchman of Marcus Valerius with one other Lord of that Nation Of Ionathas the Iewe with Pudentus of a Duke of Bohemia with the Duke of Lancaster Of certaine Christians with a like number of Barbarians Of Seanderbeg alone against three other men Of Valares a Gothian with Artanas an Armenian and many others CHAP. 17. The order of Combats for life in England as they are anciently recorded in the office of Armes at London FIrst the Cartell or Bill of Quarrell aswell of the Challengers behalfe as of the Defenders was brought into the Court before the Constable and Marshall And when the trueth of the cause of quarrell could not be prooued by witnesse nor otherwise then was it permitted the same should receiue triall by force of Armes the one partie by assayling the other by defending The Constable as Vicar generall vnto the King assigned the day of battell which was to be performed within forty dayes next following whereunto both the Challenger and Defender condscended Then were the Combattants commaunded to bring in sufficient pledges for suertie that they and euery of them should appeare and performe the combat betwixt the sunne rising and going done of the day appointed for the acquirall of their pledges and that they nor any of them should doe or cause to be done any molestation damage assault or subtiltie against the person of his enemie either by himselfe his friends his followers or other person whatsoeuer In what sort the King commanded the place of Combat to be made THe Kings pleasure being signified vnto the Cōstable Marshal they caused Lists or Rayles to be made and set vp in length
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 foâ—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 receiâ—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
desiring both to honour her and please himselfe with her presence conuited all noble Ladies to behold a triumph at London to be there performed by the Nobles and Gentlemen of his Court This intention his Maiestie did command to be proclaimed in Fraunce Henault Flanders Brabant and other places giuing Passeport and secure abode to all noble strangers that would resort into England That done he sent vnto al Princes Lords and Esquiers of the Realme requiring that they with their wiues daughters and cosins should at the day appointed appeare at his Court. To this feast came William Earle of Henault and Iohn his brother with many Barons and Gentlemen The triumph continued 15. dayes and euery thing succeeded well had not Iohn the sonne and heire of Vicount Beaumount bene there slaine In this triumph also appeared the Earle of Lancaster and Henry his son The Earle of Darby The Lord Robert of Artoys The Erle of Richmount The Earle of Northampton The Earle of Glocester The Earle of Warwicke The Earle of Salisbury The Earle of Pembroke The Earle of Hartford The Earle of Arundel The Earle of Cornewall The Earle of Norffolke The Earle of Suffolke The Baron of Stafford with others In the raigne of the same King Edward a Royall Iust was holden at Lincolnâ— by the Duke of Lancaster where were present certaine Ambassadors sent by the King of Spaine for the Lady Ioane daughter to the King who should haue bene married vnto that King of Spaine but meeting her on the way she died A triumph was holden at Windsor before the same King Edward whereat was present Dauid King of Scots the Lord of Tankeruile and the Lord Charles de Valoys who by the Kings license was permitted to runne and had the prize Anno 1349. In Smithfield were solemne Iusts in the same Kings raigne where was present a great part of the most valiant Knights of England and France Thither came also noble persons of other Nations and Spaniards Cipriots Armenians who at that time humbly desired aide against Pagans An. 1361. A triumph before King Edward the fourth IVsts were againe holden in Smithfield where Anthony Wooduile Lord Scales did runne against the Bastard of Burgundie Anno 1444. A triumph before King Henry the sixt ONe other notable Action of Armes was personally performed in Smithfield betweene a Gentleman of Spaine called Sir Francis le Arogonoys and Sir Iohn Astley Knight of the Garter For after the said Sir Francis had wonne the honour from all the men at Armes in France he came into England and made a generall challenge but by the great valour of Sir Iohn Astley lost the same vnto him Triumphs before King Henry the seuenth AT Richmont was holden a solemne triumph which continued a whole moneth where Sir Iames Parker running against Hugh Vaughan was hurt and died 1494. One other triumph was in the same Kings daies performed in the Tower of London Anno 1502. Triumphs before King Henry the eight BVt farre exceeding all these was that magnificent Iust and Tournament at the meeting of the two excellent Princes King Henry the eight of England and Francis the French King who chusing vnto them fourteen others did challenge to run at the Tilt and fight both at the Tourney and Barrier with all commers The Challengers were the King of England the French King the Duke of Suffolke the Marquesse Dorset Sir William Kingston Sir Richard Ierningham Master Nicholas Carew and Master Anthonie Kneuet with their Assistants Sir Rowland and Sir Giles Capel with these were so many other French Gentlemen as made vp the number aforesaid For Defenders thither came Mounsieur Vandosme the Earle of Deâ—onshire and the Lord Edmond Howard euery of them bringing in a faire band of Knights well armed This most noble challenge of these two mighty Kings accompanied with fourteene other Knights of either nation seuen they caused to bee proclaimed by Norrey King at Armes in England France and Germanie Anno 12 Henrici 8. One other most memorable Challenge was made by the same King who in his owne royall person with William Earle of Deuonshire Sir Thomas Kneuet and Edward Neuel Esquire answered all commers at Westminster The King called himselfe Caeur Loyal the Lord William Bon Voloir Sir Thomas Kneuet Valiant desire and Edward Neuil Ioyâ—us Pensier The Defenders were THe Lord Gray Sir William a Parr Robert Morton Richard Blunt Thomas Cheyney Thomas Terrel Christopher Willoughby the Lord Howard Charles Brandon the Lord Marquesse Henrie Guilford the Earle of Wiltshirâ— Sir Thomas Bullin Thomas Lucie the Lord Leonard the Lord Iohn Iohn Melton Griffith Doon Edmond Howard Richard Tempest After this Challenge was ended the prize appointed for the Challengers partie was giuen vnto Caeur Loyal and among the Defenders to Edmond Howard Another solemne Challenge was proclaimed and perfourmed by certaine English Knights viz. Sir Iohn Dudley Sir Thomas Seimor Sir Francis Poynings Sir George Carew Anthony Kingston and Richard Cromwel Anno 1540. Another action of Armes published in the Chamber of Presence at VVestminster by a King of Armes 25. of Nouember in the 1. and 2. of P. and M. FOrasmuch as euer it hath bene a custome that to the Courts of Kings and great Princes Knights and Gentlemen of diuers Nations haue made their repaire for the triall of Knighthood and exercise of Armes And knowing this Royall Court of England to bee replenished with as many noble Knights as any kingdome in the world at this day It seemeth good to Don Fredericke de Toledo the Lord Strange Don Ferdinando de Toledo Don Francisco de Mendoca and Garsulace de la Vega That seeing here in this place better then in any other they may shew the great desire that they haue to serue their Ladies by the honorable aduentures of their persons They say that they will maintaine a fight on foot at the Barriers with footmens harnesse three pushes with a pike seuen strokes with a sword in the place appointed before the Court gate on Tuesday the 4. day of December from the twelfth houre of the day vntill fiue at night against all commers Praying the Lords the Earle of Arundell the Lord Clinton Gartilapez de Padilla and Don Pedro de Cordoua that they would be Iudges of this Triumph for the better performance of the conditions following First that he which commeth forth most gallantly without wearing on himselfe or furniture any golde or siluer fine or counterfeit wouen embroidered or of goldsmiths worke shall haue a rich Brooch He that striketh best with a Pike shall haue a Ring with a Rubie He that fighteth best with a Sword shall haue a Ring with a Diamond He that fighteth most valiantly when they ioyntly fight together shall haue a Ring with a Diamond He that giueth a stroke with a Pike from the girdle downeward or vnder the Barrier shall winne no prize Hee that shall haue a close gantlet or any thing to fasten his Sword to his hand shall winne no
the person of the Emperor and King of Romanes two Popes for one died there fiue Patriarches three and thirty Cardinals fourtie and seuen Archbishops a hundreth forty and fiue Bishops and 83. Suffragans Thirty and nine Dukes Thirty and seuen Earles being absolute Princes An hundreth and thirtie inferior Earles Seuentie and nine free Lords or Barons Knights of all Nations fifteene hundred Gentlemen twentie thousand besides Doctors Licentiats and Scholemen infinite For the King of England appeared Richard Beauchamp Earle of Warwick with him were foure Bishops viz. Sarisbury Chester Bathe and Bangor Sarisbury died during that Councell and liuing tooke his place aboue all other Bishops as an Archbishop and for the time was placed last in the ranke of Archbishops The Earle of Warwicks attendants were as followeth Hurting de Clough Knight Iohn Waterton Knight Iohn Seton Knight Piers Craft Knight Iohn Roch Knight Iames Hermford Knight Beringer de Beaumont Knight Gentlemen Nicholas Serpon William Newland Geffrey Offley Walter Hungerford Hugh Holdbach Iohn Fitton Thomas Wileot Richard Dutton Oliuer Dunley Petrs Craft Iohn Lantsdon Iohn Roche Thomas Fanhes William Newland Iohn Merbory Iohn Otlinger Ralfe Rainscroft Henry Vessey William Vessey Scholemen of Cambridge Henry Abundy Iohn Wells Iohn Sheirford Doctors in Diuinitie Thomas Palton Robert Appleton Iohn Stokes Ciuilians Scholemen of Oxford The Lord Prior of Orsestry Peter Rodley Priamus Farbach CHAP. 20. Of Magistrates NExt vnder Emperors Kings and Princes Souereigne are foure degrees of Magistrates Some are called Magni and Illustres Some are Medij and Spectabiles Some are Minimi and Clarissimi And some are Infimi The first may be named Magistrates souereigne as they who acknowledge no superior but the Maiestie of the Prince The second are they that yeeld obedience to them and command other Magistrates their inferiors The latter two are such as cannot command any Magistrate but haue power only ouer particular subiects within the limits of their iurisdiction Touching the first that haue authority to commaund all other Magistrates and acknowledge no superior but the Prince they are fewer at this day then heretofore Yet certaine it seemeth that some Romane Emperours authorized one Magistrate or Lieutenant without any companion to command all other Magistrates of the Empire and to him all Gouernours and Magistrates did appeale Which Magistrate they called Praefectus Praetorio True it is that at the beginning he was of no greater quality then Captaine of the Legions Praetorian as Seius Strabo vnder Augustus and Seianus vnder Tibertus vntill other Emperors succeeding by litle and litle encreased their authority as in the end the Praefectus Praetorio became Lieutenant generall and iudge of all questions and causes whatsoeuer by which occasion that office was giuen vnto men learned in the Lawe as Martian vnder Otho Papinian vnder Seuerus and Vlpian vnder Alexander All which came to passe before Armes were diuided from lawes and Iusticers from Captaines Afterwards this great office became imparted vnto two and sometimes three persons purposely to abridge the excessiue authority of one But touching the Precedencie of Magistrates albeit they cannot aptly be ranged with those of the Empire yet may they in some sort be placed according to the dignitie and degrees of those titles which the Romanes anciently vsed And touching their authority it shal not be amisse to know that a Magistrate is an Officer hauing power to command in the common weale among whom in the Romane Empire the Praefectus Praetorio was the chiefe hauing authority aboue all other Officers to whom also euery one did appeale To this Praetor or Praefect we may compare the Grand Mayor du Pallais in France who in times past did in that kingdome beare chiefe office To him also in some sort we may resemble the high Seneschal of England vnder King William the Conqueror and other Kings his successors These Magistrates might therefore bee reasonably called Illustrissimi chiefly in the Kings absence For sure it is that in presence of the King all power of Magistrates and Commissioners also doth cease For during that time they haue no authority of commandement either ouer other subiects or other Officers their inferiors But this mighty Magistrate is no more either in England or France yet during their authoritie they were called Illustrissmi which title signified a certein preeminencie aboue all Magistrates that were Illustres either Honorarij or Administrantes Nam accidentia denominant Subiectum Next to these Illustrissimi or Maximi the chiefe place of Precedencie is due vnto those whome we called Illustres and among them the L. Chancellour is chiefe etiam in dignitate impari as one whose excellent vertue ought be preferred before all other officers Likewise the Lord high Constable or Lord Marshall is a Magistrate Illust. the Lord Treasurer Admirall of England the Lord Chamberlaine and all others of the Kings priuie Councell may assume the title of persons Illust. or as we commonly call them right Honorable So saith Cass. It seemeth also that Doctours who haue read in schoole the space of twenty yeeres may be called Illustrissimi as Purpuratus noteth To these Illust. or right Honourable personages the lawes Emperiall haue graunted many great priuiledges as the same Barthol discourseth After these the Magistrates whome we formerly called Spectabiles and may in our tongue be tearmed Honourable ought to follow as commanders in Armes Iudges Gouernours or Lieutenants Generall of Prouinces and Cities c. The fourth place appertaineth to them that anciently were named Clarissimi or Right worshipfull who are inferiour Iusticers and Ministers Colonels Captaines and meane Officers c. Lastly are they whome the Romanes intituled Infimi and in English Worshipfull as Captaines of particular Castles Iudges in Townes corporate where no action is triable aboue 3000 shillings Note here that euery Magistrate is an Officer but euery Officer is not a Magistrate and of all Magistrates the Lord Chancellor hath euer had precedence not onely in England and Fraunce but of all anciencie in euery other place for read we may that Eginardus who wrote the life of Carolus Magnus was his Chancellor Likewise Tribonianus was Chancellor vnto the Emperor Iustinian Iosaphat was Chancellor to King Dauid 2. of Kings Vlpianus to the Emperour Alexander Seneca to Nero and in France the Chancellor hath so great preheminence as he precedeth the Constable vnlesse he be the Kings brother or his sonne For the better memory of the degrees aforesaid Lucas de Penna speaking of titular dignity hath left these verses vnderwritten Illustris primus medius spectabilis imus Vt lex testatur clarissimus esse probatur Et superillustris praeponitur omnibus istis CHAP. 21. Of Officers and their Precedencie OFficers seruing Princes are of diuers sorts among which some doe attend the Princes person others haue charge of his Treasure some are ministers of Iustice and some are commanders in warre For the better conceiuing of our intention therfore and the order of that which