Selected quad for the lemma: majesty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
majesty_n	earl_n	lord_n	precedent_n	3,907	5	10.2488	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14722	Anima'dversions of vvarre; or, A militarie magazine of the truest rules, and ablest instructions, for the managing of warre Composed, of the most refined discipline, and choice experiments that these late Netherlandish, and Swedish warres have produced. With divers new inventions, both of fortifications and stratagems. As also sundry collections taken out of the most approved authors, ancient and moderne, either in Greeke. Latine. Italian. French. Spanish. Dutch, or English. In two bookes. By Robert Ward, Gentleman and commander.	Ward, Robert, fl. 1639.; Marshall, William, fl. 1617-1650, engraver.	1639 (1639)	STC 25025; ESTC S118037	599,688	501

with the tender care which we professe of concerning the Subjects in security the State in strength the Government in peace to open the great vaine by which the Common-wealth might bleed not as Fevers pestilent ad animi diliquium but rather as in the heart of Seneca when hopes are desperate ad vit● exitum For this must be the issue of an unlawfull act which excludes all manner of satisfaction for wrongs besides that of the sword which observes no measure These Challengers doe likewise strongly crosse the line of their owne pretended levell and if malice did not stand too much in the light of reason they would easily confesse For they pretending above all things to regard honour for a flourish yet to satisfie their owne inordinate desires they flye the certaine judgement of the Court of Honour which is purposely erected to scourge such delinquents as shall dare to transgresse causing them to give sufficient satisfaction for the regaining of the Honour lost The wrongs which are grounded of quarrels are eyther verball that is when one Gentleman accuseth another of some dishonest fact or gives the lye Or Reall by which is meant blowes stripes or hurts in all degrees though they differ in proportion and besides all scornefull lookes acts or figures that implie contempt all Libels published in any sort to the disgrace of any Gentleman or person whom that Gentleman is bound in credit to defend as himselfe for all these sayes his Majestie trench as deepely into reputation as the stabbe it selfe doth into a man that esteemes honour wherefore whereinsoever reputation is agrieved though it bee but in the weight of one graine it ought to be repaired and as much restored as hath beene diminished by which the seeds of Quarrels shall be bruised in the bud before they come to beare the bitter fruites that are ever gathered in stormes Wherefore he hath commanded the Lord High-Marshall and the Lords Lieutenants and their Deputies in their severall precincts that so soone as they shall have notice of any abuses either by blowes or speeches whereby a quarrell may be grounded that they commit the party thus offending either to his owne house or chamber onely in respect of disobedience to his royall prohibition Leaving him to the Earle Marshals discretion in what kinde hee shall giue the party agreeved satisfaction according to the rules and formes which vpon like occasions aswell within our Kingdome as in forraine States are vsuall before hee be set at full liberty For it is true that this small instrument the tongue in the body of man being kept in tune by the wrest of awe prevents many fearefull accidents that are apt to spring vp out of neglect of discipline If from a foule word vpon which a quarrell is begun the answere leape at the first bound to the lye or a blow be given from which a Challenge is produc'd or if Choller breakes apruptly into a Challenge at first as many times it happens because the property of distempers is to confound all dealings to put custome out of course it ought to be punished both for it selfe and in it selfe ab origine the Saxons layd a fine of sixe shillings as appeares by antiquity vpon every one that uncivily misgreeted his Country men In Spaine Vn hombre dislingado a man that vseth ill language out of his liberty or loosenesse according to his rancke is either whipped in the open streetes or sent to the Galleys and especially for this verball injury the Lye which workes such conceit of horrour unto gentlemen well borne that they had rather indure the racke then the reproch this his Majesty was pleased to ranke with the highest verball wrongs and to be punished by the Earle Marshall accordingly Wherefore his Majesty leaues the Earle Marshall and other Lords authorised by Commission to use their best discreete indeavours in devising meanes to satisfie the party that is wounded by the giving of the Lye wherefore his Majesty manifested his pleasure that whosoever should stand convicted thereof in the presence of the Earle Marshall or of the Lord Lieutenants or their Deputies by proofe sufficient should bee presently committed to prison and that hee be not suffered to depart out of durance before he shall acknowledge both an errour in his Iudgement and a breach in duty in vpbrayding anyman with that uncivill terme which his tender caution hath very sharply prohibited hee shall also aske forgivenesse of his fault in presence of the Lords and renounce that interest which men claime in these dayes in righting themselves by the fury of the sword when Iustice eyther Marshall or Civile or both provides with so great tendernesse for their indemnitie Touching the first branch of actuall offences by blowes with the hand stripes with a rod bruises with a Cudgell stabbes with a Dagger or hurts with a Rap●er his purpose was out of the sense of honour to extend his punishment as farre above those ordinary degrees which are now in use as the facts themselues exceed all humanity wherefore he leaves the proportions and degrees of satisfaction for such inhumane wrongs to the caution and temper of the Earle Marshall or the Lords Lieutenants or their Deputies For wee resolue saith his Majesty in this offence by blowes as in the other comming vpon words to punish the breach of order before or in a higher straine then wrongs of reputation wherefore all offenders in this kinde that shal be convicted orderly before the Lords eyther by the strength of witnesses or by their owne confessions of striking hastily for any other cause then their owne defence vpon assault shall instantly be committed to prison to the end that during this time of breathing and respiring they may learne that Princes remit not actions of such high presumption and contempte without due punishment So that if any man shall so transgresse by quarrelling if he were not in commissiō of the peace before the fact committed it was his Majesties pleasure he should be peremptorily disabled from being put in for the space of seaven yeares next ensuing and if hee were of the peace upon notice given to the Lord Chancellor from the Lord high Marshall or the Lords Lieutenants he is to be removed and put out instantly beside such parties offending shall not be quite free before they have acknowledged their offence at the Councell Table for breaking the Kings ordinance he shall promise before the said Lords sollemnly never to offend vpon like occasion in the like contempt hee shall bee bound to the good behaviour during the space of the next sixe Moneths ensuing and if they bee of his Majesties household they are to absent the Court besides his Majesties pleasure is that the person which is eyther hurt or stricken shall besides these satisfactions given him take the benefit of his action of battery at common Law with a meaning that such censures be reputed rather Cumulative

that is due to the principalls themselves His Majesty chargeth all persons of whatsoever ranke or quality which are present in the place where a quarrell first begins that upon paine of his Majesti●● high displeasure they first apply their best perswasions and endevours to the taking of the ground of the contention away and the reconcilement of the partyes mindes if it be possible if not to call in with all expedition an Officer of the peace that may bring the matter before the Lords in Commission before it be too farre exasperated and ●nvenomed Further his Royall Majesties pleasure was that whosoever published a Challenge or any one that did but relate any part of the quarrellous businesse should be brought Ore tenus or otherwise as the cause requireth into the Starre-Chamber and there bee punished at the discretion and censure of the Court for their high contempt against his Majestie and to be banisht the Court c. And which is heaviest of all his Royall Majestie did protest for his owne part he should never account of them but as Cowards for it is ever held the part of a man to shew his courage when hee is by Authority put to it in action but hee that seekes his reputation by plurality of voyces amongst simple people it is to be accounted to proceed from the knowledge and jealousie of his owne weake imbellicke parts as if a man could not winn● honour but per ●●●dicata suffragia in Ordinaries and Taverns And to conclude his Majesties publication he wills every man that should find himselfe grieved with any whisperings or rumours spread abroad or any other way abused to resort to the Earle Marshall who shall right him in his reputation if hee finds hee be wronged Thus you see what a soveraigne salve it hath pleased his Majestie to prepare for the saving and repayring of Gentlemens reputations so that now you must confesse with me that there is no dore left open for the Sword to passe out at unlesse men would runne willingly to destruction by undergoing the penalty of the Law here and the eternall wrath of the great God of heaven who hath reserved revenge to himself and none but himselfe shall repay it and let us blesse God that his Royall Majestie hath Authorized an Earle Marshall of so Noble bloud and so conscious and respective in desciding such affaires hee according to his owne worth hath a tender care to render the due rights of honour and reputation to those that shall sue to his Noblenesse giving them a free admittance to crave his honours warrant for the conventing any such delinquent before him and upon conviction imposing due punishment upon such refractary fellowes with his Noble Injunction to the party offending to restore the blemisht reputation of the complaynant before he depart his presence so that never any that came before his Lordship had ever cause to complaine of partiallitie or remissenesse in his Honoured course of Iudicature And for mine owne advise to gentlemen having three severall times tasted of this bitter fruit which hath growne by the Sword in the field not so well then understanding my selfe as riper yeares and more mature considerations hath since ingraven in me I doe rather wish a fayre reconciliation then a foule fray for the reconciling of an enemy is more safe then to conquer him my reason is because victory onely deprives him of his power but reconciliation of his will and there is lesse danger in a will that will not hurt than in a power that cannot and againe power is not so apt to tempt the will as the will is studious to finde out meanes to provoke power if the enemy be base it is a dishonour to meddle with him if hee be worthy let his worth perswade thee to attonement for hee that can be a worthy enemy if once reconciled may be thy worthy friend for if in a just cause he dares fight against thee in the like cause as valiantly fight for thee It is pollicy to bee reconciled to a base enemy bee it but to charme his slandrous tongue and use him as a friend in outward fairenesse but beware him as an enemy apt to reassume his base quarrells for a base foe cannot but prove a false friend And further let Gentlemen know that take a delight to busie themselves in such litigious affaires Sicut not Martyrom pana sic non fortem pugua sed causa as it is not the punishment that makes the Martyr so it is not fighting that declares a valiant man but the fighting in a good cause when his King and Countrey injoynes And he that makes use of this dangerous Salve to skinne up his Honour let him not use it as a delight but as a necessitie to constrayne him for the lawfulnesse is not to be questioned when a man is prest with injuries or violent abuses hee may by the law of nature and of all Christian Kings fight in his defene● to preserve his person and honour I have taken the greater paines in this discourse in regard Gentlemen and Souldiers might be fully satisfied of the unlawfulnesse of Duells which is proved by undeniable arguments likewise to informe them if ●ase injuries be offered them how they may gaine lawfull satisfaction by the ayde of Authority provided for that purpose In the next place I shall proceede to discourse of the particular duties of all Officers beginning at the meanest and so proceede untill I shall come to the office of the Generall of an Army THE OFFICE AND DVTY OF EVERY PARTICVLAR OFFICER IN AN ARMY SECT X. CHAP. LXI The Duty and Office of a Drumme to a private Company and of the Drum-Major of the Regiment BEfore we can further proceede in our intended discourse I hould it fit to entreate of the duties and offices of all the officers belonging to an Army and that for two respects first that all young Officers that never followed the Warres might at the first view know their places and the duties belonging to them Secondly that all Souldiers might likewise observe and take notice of every particular Officers duty hee is to performe and the Command he is to beare that they may the better learne to obey them and obs●rve such documents as their Officers shall give them in charge wherefore first I intend to begin with the meanest Officer of a private Company and then proceed to discourse of every particular Officer of a Regiment and likewise of the chiefe Officers of the Field with their dependan●es A Drumm● is one of the 〈…〉 Officers to a Company and divers 〈◊〉 of waight and moment hee is to be imployed in for many times they are sent to Parlie with the Enemie and to redeeme Prisoners from the Enemy therefore hee ought to be a man of personage faithfull secret and trusty He ought to speake severall Languages especially the Drumme of a Colonels Company ought to bee thus qualified he hath the command of all the

shall take the note both of the day place and houre with all other circumstances that shall happen he shall also set his hand unto all sentences signed by our Generall he shall have also two Clerkes or Notaries under him who shall ingrosse all these passages and keepe a true Register of all enterprises that our Generall with his Counsell of Warre shall give order to have done and likewise of what letters be either written or received 148. In our highest Court there shall be one Vice-President who shall command the Serjeant at Armes whose office is to warne in all the Judges of the Court that they may there appeare at the time and place appointed and also to give the same notice both unto the Plaintife and Defendant 149. In all lower Courts also there shall be one sworne Clerke or Secretary who shall likewise hold the same order that is mentioned in our highest Court. 150. Our highest Court shall be carefull also to heare and judge all criminall actions and especially cases of conspiracy or treason practised or plotted against us or our Generall either in word or deed secondly if any gives out dishonourable speeches against our Majesty thirdly or consulteth with the enemy to betray our Leaguer Castle Towne Souldiers or Fleet any way whatsoever fourthly if any there be partakers of such treason or treachery and reveale it not fifthly or any that hath held correspondency and intelligence with the enemy sixthly if any hath a spite or malice against us or our Country seventhly if any speake disgracefully either of our owne or our Generalls person or indeavours eightly or that intendeth treachery against our Generall or his Under-Officers or that speaketh disgracefully of them 151. All questions in like manner happening betwixt Officers and their Souldiers if they suspect our lower Court to be partiall any way then may they appeale unto our highest Court who shall decide the matter 152. If a Gentleman or any Officer be summoned to appeare before the lower Court for any matter of importance that may touch his life or honour then shall the same be decided by our higher Court. 153. All civill questions that be in controversie in our lower Court if the debt or fine extends unto five hundred Dollars or seventy five pounds or above if the party complaines of injustice they may thence appeale unto the higher Court if so be they can first prove the injustice 154. All other occasions that may fall out be they civill or be they criminall shall first come before the lower Court where they shall be heard and what is there by good evidence proved shall be recorded 155. Any criminall action that is adjudged in our lower Court we command that the sentence be presented unto our Generall we will not have it presently put in execution untill he gives command for it in our absence But our selves being in person there present will first take notice of it and dispose afterwards of it as we shall think expedient 156. In our higher Court the Generall Parforce or his Lieutenant shall be the Plaintife who shall be bound to follow the complaint diligently to the end he may the better informe our Counsellors who are to doe Justice if it be a matter against our selves then shall our owne Advocate defend our action before our Court. 157. The same power the Parforce of every Regiment shall have in our lower Court which Parforce shall be bound also to give notice of every breach of those Articles of warre that the infringer may be punished 158. Whatsoever fine is by the aforesaid Judges determined according to our Articles of warre and escheated thereupon shall be divided into three parts Our owne part of the fine we freely bestow upon the severall Captains either of Horse or Foot which is forfeited by their Officers and Souldiers the forfeiture of every Captain we bestow upon their Colonell and the forfeiture of every Colonell we give unto our Generall The other two parts belonging either to the party to whom it is adjudged or to the Court those leave we undisposed the point of Treason onely excepted and this gift of ours unto our Officers is to be understood to indure so long as the Army be in the field upon any strength or worke and till they come home againe after which time they shall come under the law of the land like the other inhabitants 159. Whensoever our highest Court is to sit i● shal be two houres before proclaimed through the Leaguer that there is such an action criminall to be there tried which is to be decided under the blue skies but if it be an action civill then may the Court be holden within some tent or otherwhere then shall the souldiers come together about the place where the Court is to be holden no man presuming to come too neere the table where the Judges are to sit then shall our Generall come formost of all and the other his associats two and two together in which order they all comming out of the Generalls tent shall set themselves down in the Court in the order before appointed the Secretaries place shall be at the lower end of the table where he shall take diligent notice in writing of all things declared before the Court thē shall the General Parforce begin to open his complaint before them and the contrary party shall have liberty to answer for himselfe untill the Judges be throughly informed of the truth of all things 160. If the Court be to be holden in any house or Tent they shall observe the same order in following the Generall in their degrees where they shall also sit as is afore mentioned 161. The matter being throughly opened and considered upon according to the importance of it and our whole Court agreeing in one opinion they shall command their sentence concerning the same action to be publikely there read in the hearing of all men alwayes reserving his Majesties further will and pleasure 162. In our lower Court they shall also hold the same order saving that the particular Court of every Regiment shall be holden in their owne quarters 163. In this lower Court they shall alwayes observe this order namely that the President sits at the bords end alone the Captaines Lieutenants and Ensignes on either side so many inferiour Officers also upon each side that so they may the better reason upon the matter amongst themselves Last of all shall the Clerke or Secretary sit at the lower end of the Table the one party standing upon one hand and the other upon the other 164. So soone as the sentence is given the President shall rise up and all that sit with him but doom being given by our Generall that one of the parties must lose his head hand or the like then shall they command the Parforce to take him away to Prison which done the Parforce shall send unto the Minister to desire him to visit the Party and to give him the